Kirkwood City Council Meeting Minutes 
Via Zoom
Thursday, August 19, 2021, 7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, August 19, 2021, at 7:00 p.m. via Zoom Virtual meeting.  Present were Mayor Griffin, Council Member Duwe, Gibbons, Sears, Ward, Wurtz, and Zimmer. Also in attendance were Chief Administrative Officer Russell Hawes, Assistant Chief Administrative Officer David Weidler, City Clerk Laurie Asche, Deputy City Clerk Kim Sansegraw, Planning and Development Services Director Jonathan Raiche, City Planner II Amy Lowry, Finance Director Sandy Stephens, Public Services Director Bill Bensing, Communications Manager Freddy Doss, and City Attorney John Hessel.  

ANNOUNCEMENTS FROM CITY ATTORNEY
City Attorney John Hessel stated for the record that under Section 610.015 of the Mo. Sunshine Law provides that members of the City Council who are not physically in the Council Chambers can participate and vote on all matters when an emergency exists and the nature of the emergency is stated in the minutes.

So, let the minutes reflect that the U.S., and the world, is in a state of emergency due to the Coronavirus—Covid 19. Therefore, members of the City Council have elected to participate in this meeting electronically for the public health and safety of each other and the general public.  

INTRODUCTIONS AND RECOGNITIONS
NONE

PRESENTATIONS
NONE

PUBLIC HEARINGS
Public Hearing #1
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request to rezone 250 Commerce Avenue from R-4 to R-MM. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on August 4, 2021, as Exhibit 1; an Affidavit of Publication in the Webster-Kirkwood Times on July 30, 2021, as Exhibit 2; an aerial view map showing the subject property and the properties that were notified of the hearing, as Exhibit 3; a list of property owners who were sent notice of the public hearing, as Exhibit 4; the report of the Planning and Zoning Commission dated July 26, 2021, as Exhibit 5; the report of the Planning and Zoning Subcommittee report dated July 14, 2021, as Exhibit 6; and the Kirkwood Code of Ordinances, as Exhibit 7.
.

City Planner II Amy Lowry presented information pertaining to the request:
•	This rezoning request has no proposed development plan
•	This property is approximately .5 acres in size
•	There is a mix of zoning designations on the Zoning Overlay presented in the area of this request 
•	The Envision 2035 Land Use preferred scenario is designated as Transition Mixed Use
o	Intended to provide a balance between the Downtown and residential neighborhoods north of Big Bend Blvd and the highway-oriented commercial development south of Big Bend Blvd
•	The purpose of the R-MM Zoning:
o	To allow for small-scale multi-family residential uses which provide a transition from detached single-family home districts and more intense districts, multi-family projects, or commercial districts 
o	This district may also be appropriate along major thoroughfares and at major intersections
•	R-MM uses can contain multi-family dwellings, row houses and 2-family dwellings
•	R-MM development standards are limited to 6 multi-family dwelling units and the parking required is 2 spaces per unit

Some of the discussion that took place is as follows:
•	This is the first request for zoning to R-MM
•	The missing middle zoning designation is for small scale multi-family units
•	This proposal was applied for by property owner and is not city initiated
•	There is no limit on the number of R-MM zoning designations in this area

Public Comments:
1.	Betty Loving, 331 Reardon Drive, concerned there is already too much traffic in the area and adding a multi-family unit will make it more difficult. Believes the area is in a floodplain.
2.	Lisa Miser, 251 Commerce, submitted information to Council prior to the meeting. Concerned there are no sidewalks in front of the property along with traffic and parking problems. Concerned that multi-family unit would devalue the units in the area.

The bill will be placed on the September 2, 2021 agenda for council consideration.

Public Hearing #2
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing establishing the Property Tax Rates for the City of Kirkwood. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication the St. Louis Countian on August 4, 2021, as Exhibit 1; an Affidavit of Publication in the Legal Ledger 

on August 4, 2021, as Exhibit 2; an Affidavit of publication in the Webster-Kirkwood Times on August 6, 2021, as Exhibit 3; and the Kirkwood Code of Ordinances as Exhibit 4. 

Director of Finance Sandy Stephens presented the matter to the council:
•	The Comprehensive Annual Financial Report is on the City website
•	Each year council certifies the property tax rates
•	Assessed valuation for residential and commercial increased for both the City of Kirkwood and the Special Business District
•	Residential assessments increased 9.6%, commercial assessments increased 6.9%, SBD assessment increased 7%

Some of the discussion that took place:
•	Question was raised regarding what the average percentage of a tax bill is applied to City services
•	It was mentioned the property tax program, as obligated by the state, is arbitrary and should be revised to be more fair and equitable 

The bill will be placed on the September 2, 2021 agenda for first reading consideration.

Public Hearing #3
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding establishing the Property Tax Rates for the Kirkwood Municipal Library.  Mr. Hessel entered the following exhibits into record: an Affidavit of Publication the St. Louis Countian on August 4, 2021, as Exhibit 1; an Affidavit of Publication in the Legal Ledger on August 4, 2021, as Exhibit 2; an Affidavit of Publication in the Webster-Kirkwood Times on August 6, 2021, as Exhibit 3; and the Kirkwood Code of Ordinances as Exhibit 3. 

Director of Finance Sandy Stephens presented the matter to the council:
•	Assessed valuation for residential and commercial increased 
•	The same procedures are followed in determining the proposed rates

Public Comments:
1.	Naomi Nelson, 938 South Fillmore Avenue, questioned the tax rate increase

The bill will be placed on the September 2, 2021 agenda for first reading consideration.

PUBLIC COMMENTS
NONE

CONSENT AGENDA
Motion was made by Council Member Ward and seconded by Council Member Zimmer to approve the Consent Agenda. The Consent Agenda was unanimously approved.

a)	Approval of the August 5, 2021 Council Meeting Minutes
b)	Resolution 83-2021, authorizing an application for use of Community Development Block Grant Funds for the fiscal year 2022 and allocation of said funds ($46,800)
c)	Resolution 84-2021, accepting the single source quotation of 120Water for digitization of lead service lines for the Water Department and authorizing and directing the Mayor to enter into a contract ($24,900)

				      UNFINISHED BUSINESS	
Bill 10887, an ordinance readopting a Procedure to Disclose Potential Conflicts of Interest and Substantial Interests for Certain Officials as set forth in Chapter 2, Article 1, Section 2-5 of the Kirkwood Code of Ordinances was brought before the council. A discussion was held.

Roll Call:

Mayor Griffin				“Yes”	
Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”	
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”
Council Member Ward		“Yes”

Bill 10888, an ordinance amending the Kirkwood Code of Ordinances, Chapter 23, Article III, Division 2, Section 23-90 “Heat pump/water pump rebate policy” by deleting it in its entirety was brought before the council.

Roll Call:

Mayor Griffin				“Yes”	
Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”	
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”
Council Member Ward		“Yes”

Bill 10889, an ordinance appropriating $153,000 from the Park Improvement Fund Balance to the Capital Expenditure/Building and Site Improvement Account, Project #PR2210, for the Emmenegger Park Bank Stabilization Project was brought before the council. A discussion was held.

Roll Call:

Mayor Griffin				“Yes”	
Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”	
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”
Council Member Ward		“Yes”

NEW BUSINESS
Bill 10890, an ordinance amending the provisions of the Municipal Code, Chapter 25 – Zoning and Subdivision, regarding the amendment of the definition of “Catering Establishment” by adding reference to Mobil Food Trucks, Pushcarts, and Farmers’ Markets and adding this as an available accessory use for educational institutions and places of worship located in residential districts that would be “Permitted with Standards” was brought before the council. Motion was made by Council Member Ward and seconded by Council Member Gibbons to accept the bill for first reading approval.  A discussion took place. A discussion was held.

Motion was made by Council Member Gibbons and seconded by Council Member Duwe to amend Section 3 (d) (5) changing the hours of commercial delivery from 7:00 a.m. to 11:00 p.m. to 7:00 a.m. to 7:00 p.m. A discussion was held. 

The motion and second were withdrawn.  A substitute bill will be drafted for council consideration. 

The bill received first reading approval and was held over.  

Resolution 85-2021, a resolution amending the contract with EFK Moen by increasing the contract amount by $35,000 for a not to exceed amount of $174,988 for additional Construction Engineering Services for the Geyer Road Phase I Resurfacing Project and authorizing and directing the Mayor to enter into an amended contract was brought before the council. Motion was made by Council Member Zimmer and seconded by Council Member Ward to accept the bill for first reading approval. A discussion was held.

Roll Call:

Mayor Griffin				“Yes”	
Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”	
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”
Council Member Ward		“Yes”

CONSENT AGENDA ITEMS FOR DISCUSSION
NONE

       CITY COUNCIL REPORTS
NONE
CHIEF ADMINISTRATIVE OFFICER REPORT
Mr. Hawes reported the City has invoked the Emergency Debris Removal Policy that allows the City to contract with companies to pick up storm debris.

Mr. Hawes reported that the City received an Application for Liquor License to sell intoxicating liquor by the drink, plus Sunday, from PI Pizzeria, 10312 Manchester Road. Motion was made by Council Member Ward and seconded by Council Member Wurtz to approve the application. The motion was unanimously approved. 

Mr. Hawes reported that the City received an Application for Temporary Outdoor Promotional Variance from the Alpine Shop, 440 N. Kirkwood Road, to hold their Semi-Annual Swap Sale from Friday, October 22nd to Sunday, October 24th. Motion was made by Council Member Zimmer and seconded by Council Member Sears to approve the application. The motion was unanimously approved.

CITY ATTORNEY REPORT
NONE

       CITY CLERK REPORT
Ms. Asche read the report of the August 18, 2021 meeting of the Planning and Zoning Commission. The following action was taken:
1.	By a vote of 8-1, the Commission recommended approval of the request for final site plan review for a mixed-use development in the B-2 District at 426 N. Kirkwood Road and a temporary bank facility at 128 W. Washington Avenue.

Ms. Asche reported on the upcoming scheduled public hearings:
August 26, 2021 at 6:00 p.m. via Zoom
1)	A request for a Special Use Permit for a nursing home and Site Plan Review at 600 North Ballas Road (Harmony Homes)

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:11p.m.  The next regular council meeting is scheduled for September 2, 2021 at 7:00 p.m. 

_____________________________________
Laurie Asche
City Clerk
Approved:  September 2, 2021