Kirkwood City Council Meeting Minutes 
Via Zoom
Thursday, December 17, 2020, 7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, December 17, 2020, at 7:00 p.m. via Zoom Virtual meeting.  Present were Mayor Griffin, Council Members Duwe, Gibbons, Sears, Ward, Wurtz and Zimmer. Also in attendance were Chief Administrative Officer Russell Hawes, Assistant Chief Administrative Officer Georgia Ragland, City Clerk Laurie Asche, Planning and Development Services Director Jonathan Raiche, Public Information Officer 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. The Missouri Governor and the County Executive directed all citizens to limit meetings and gatherings to a few people to avoid the spread of the Coronavirus. Therefore, members of the City Council have elected to participate in this meeting electronically so that we are compliance with such Orders and for the public health and safety of each other and the general public.  

INTRODUCTIONS AND RECOGNITIONS
NONE

PRESENTATIONS
	Kirkwood Police Officer Gary Baldridge reported on the Shop with a Chop Program.  On Saturday, December 5, 2020, the Kirkwood Police Officers Association, the Kirkwood Youth-In-Action Organization, and the Kirkwood Police Department partnered together to host the 3rd annual Shop with a Cop event at the Kirkwood Wal-Mart store.  

The Shop-With-a-Cop event is where we brighten the holidays for selected Kirkwood School District/school age (6-16) children. The Kirkwood School District counselors, educators and school officials nominated the children they felt would best benefit from the program and experience. Reasons nominated are kept private.

On Saturday, December 5th, 21 Officers volunteered their time and shopped with the selected children at the Kirkwood Wal-Mart. This fun and festive program gave children the chance to shop for gifts for their family members and themselves, all while building a positive relationship with the police.

This year, the event provided a shopping experience for 51 children from 31 families. Each individual child was provided with a $125.00 Wal-Mart gift card to spend however they chose. Additionally, due to the generosity of others, we gave each family a $50 gift card to Aldi. Each child was also “gifted” with a blessing bag thoughtfully put together by the Hardy Washington State Farm Office and an age appropriate book generously donated by the Kirkwood Library.
  
Due to COVID restrictions and concerns, the planning for the event presented quite a challenge. Normally, all of the children, families, and officers arrive at one time, which results in a large gathering. In an effort to stay within the recommended guidelines for gatherings, we started at 8 AM and scheduled 10 children an hour with the last group starting at 1 PM. Normally, several of the Officers’ spouses and significant others volunteer their time to wrap the gifts for the children. Unfortunately, we were unable to wrap the gifts this year; however, Wal-Mart generously donated wrapping supplies for each child when they left. 

PUBLIC HEARINGS
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for a Special Use Permit and Site Plan for a restaurant with a drive-through and outdoor seating at 300 South Kirkwood Road (Starbucks). Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on November 24, 2020, as Exhibit 1; an Affidavit of Publication in the Webster-Kirkwood Times on November 27, 2020, 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 November 19, 2020, as Exhibit 5; a Planning and Zoning Commission Subcommittee report dated November 18, 2020, as Exhibit 6; and the Kirkwood Code of Ordinances, as Exhibit 7.

Planning and Development Services Director Jonathan Raiche presented information pertaining to the request:
Commission Considerations:
Special Use Permit
•	Are there reasonable conditions that can be placed upon the use that will ensure that it does not:		
o	Substantially increase traffic hazards or congestion
o	Substantially increase fire hazards
o	Adversely affect the character of the neighborhood
o	Adversely affect the general welfare of the community
o	Overtax public utilities
       Site Plan Review
•	Does the proposed site plan meet the various site development standards (i.e. buffering, landscaping, parking, lighting, etc.) stated in the Zoning Code and the 15 criteria listed on Section 220?

•	The revised Site Plan proposes a 2,200 square feet restaurant with drive through and outdoor seating
•	The proposed Landscape Plan meet all code requirements
•	Modifications Requested:
o	Lot size required to be 1 acre; .52 acre being provided
o	Street frontage occupation (Kirkwood Rd) required 90%; 0% provided
o	Street frontage occupation (Monroe Ave) required 90%; 25% provided
o	Drive through queuing required 160’; 115’ provided
o	Parking setback (Monroe Ave) required 10’; 4’ provided
•	P&Z Discussion Summary
1)	Applicant provided initial traffic analysis and follow-up analysis focused on queuing
-Three comparable area locations were observed
-A maximum queue length of 7-8 cars observed (reference diagram)
2)	Starbucks indicated that there are typically 3 parking spaces designated for mobile order; P&Z suggested that they could consider additional mobile order spaces but did not want to require specifics to allow flexibility for the operator to provide best conditions for peak hours
3)	Staff presented traffic and queuing concerns
•	Outstanding Staff Concerns
1)	Site design dictates that drive-through queue would block a large portion of parking spaces
2)	Queuing capacity from Monroe could be limited due to the “u-turn” movement required and confusion for merging queue lanes
3)	Little/no margin for error in expected maximum peak queuing scenario
Minimal Recommendations
1)	Right-in/Right-out for Kirkwood Road drive
2)	Extension of left-turn lane for westbound Monroe Avenue

•	P&Z Commission Recommendations of Note
1)	Recommend approval of modifications
2)	Revised plan:
a.	Right-in/right out on Kirkwood
b.	Monroe Ave. left-turn lane extension
c.	6’ wide exposed aggregate sidewalks
d.	Raised crosswalk for internal sidewalk across drive-through
e.	Required bike racks
3)	Outdoor seating hours of operation: 6am-Midnight
4)	Outdoor speaker hours: 7am-9am

Petitioners Timothy Tryniecki, Brandon Harp, Brian Rensing and John FitzGerald addressed the council. Some of the discussion that took place is as follows:

•	Concern regarding the size of the lot and the flow of traffic for this Site Plan was raised
•	Mention was made about the congestion at the exit and entrance to Kirkwood Road 
•	Two bike racks have been proposed to be installed on the sidewalk on the Kirkwood Road side of the property
•	The peak time for this location will be early morning hours which shouldn’t impact the Performing Arts Center traffic 
•	There will be a display for the Performing Arts Center at the corner of Kirkwood Road and Monroe Avenue
•	It is undetermined how much pedestrian traffic versus vehicle traffic there will be at the location of this property
•	There are no connectivity points with adjoining properties for cross access

The bill will be placed on the January 7, 2021 agenda for first reading approval.

PUBLIC COMMENTS
NONE

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

a)	Approval of the December 3, 2020 Council Meeting Minutes
b)	Resolution 128-2020, authorizing and directing the Mayor to enter into a contract between the City of Kirkwood and Personal Assistance Services for Employee Assistance Provider Services for City employees for the period of April 1, 2021 through March 31, 2025 (at the rate of $1.75 per employee per month)
c)	Resolution 130-2020, authorizing payment to Utilismart for services rendered for implementation of a Healthmap for the Electric Department ($1,800)
d)	Resolution 131-2020, authorizing a contract with Standard for Short-Term Disability Insurance and authorizing and directing the Mayor to enter into a contract
e)	Resolution 132-2020, authorizing a contract with Aflac for Voluntary Insurance and authorizing and directing the Mayor to enter into a contract
f)	Resolution 133-2020, approving a contract amendment with Murphy Company for City Hall Video Surveillance Upgrades and authorizing and directing the Mayor to enter into an amended contract (amount not to exceed of $84,000)
esolution 123-2020, renewing the contract between the City of Kirkwood and Delta Dental Insurance for dental insurance for City employees for the period of April 1, 2021 through M
a)	             
b)	
c)	
d)	            UNFINISHED BUSINESS
Bill 10857, an ordinance reappropriating $75,000 to the Building and Site Improvement Account, Project #PR2007, for Fiscal Year 2020/2021 for the Ice Rink Cooling Tower Project was brought before the council. 

Roll Call:

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

The bill, having received majority approval of the Council, was adopted and became Ordinance 10694.

Bill 10858, an ordinance appropriating funds in the amount of $16,929 to Revenue Account #101-0000-331.20.20, and then appropriating funds in the amount of $16,929 from Revenue Account #101-0000-331.20.20 to multiple expenditure accounts for CARES Act Funding disbursement for the Fire Department was brought before the council.

Roll Call:

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

The bill, having received majority approval of the Council, was adopted and became Ordinance 10695.
	
NEW BUSINESS
Bill 10859, an ordinance granting a Special Use Permit Amendment to Ordinance 9490 which allowed the expansion of a Legal Non-Conforming Use at 800 South Geyer Road for a restaurant and banquet uses with outdoor use subject to certain conditions was brought before the council. Motion was made by Council Member Duwe and seconded by Council Member Zimmer to accept the bill for first reading approval.

The bill received first reading approval and was held over

Bill 10860, an ordinance appropriating funds in the amount of $36,190 from the Equitable Sharing Fund Balance to the Equipment Account, approving a contract amendment with Murphy Company in the amount not to exceed $36,190 (which includes a contingency of $3,290) for Police Department Video System Upgrades and authorizing and directing the Mayor to enter into an amended contract was brought before the council. Motion was made by Council Member Gibbons and seconded by Council Member Duwe to accept the bill for first reading approval. 

The bill received first reading approval and was held over.

Resolution 129-2020, a resolution approving the Site Plan for a two-phase campus redevelopment for the Montessori School located on the property at 1280 Simmons Avenue subject to certain conditions was brought before the council. Motion was made by Council Member Wurtz and seconded by Council Member Zimmer to accept the Resolution as read.  

Roll Call:

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

CONSENT AGENDA ITEMS FOR DISCUSSION
NONE
	
 CITY COUNCIL REPORTS
						NONE

        CHIEF ADMINISTRATIVE OFFICER REPORT
	Mr. Hawes had nothing to report. 

CITY ATTORNEY REPORT
Mr. Hessel wished everyone a Happy Holidays.

CITY CLERK REPORT
Ms. Asche reported that the December 16, 2020 meeting of the Planning and Zoning Commission was cancelled due to lack of business. The next scheduled meeting of the Planning and Zoning Commission will be January 6, 2021.

Ms. Asche reported on the scheduled upcoming public hearings:
Upcoming Public Hearings:
January 7, 2021
A request for a Site Plan to construct a three-unit multi-family building at 144 West Adams Avenue.

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:34 p.m.  The next regular council meeting is scheduled for January 7, 2021 at 7:00 p.m. 

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk
Approved: