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KIRKWOOD CITY COUNCIL KIRKWOOD CITY HALL 7:00 p.m. Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday,, at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri. Present were, Council Members Duwe, Edman, Luetzow, Sears, Ward, and Zimmer. Also in attendance were Assistant Chief Administrative Officer Georgia Ragland, Public Information Officer Beth von Behren, and City Attorney John Hessel. Chief Administrative Officer Russell Hawes and City Clerk Betty Montaño were absent and excused. PRESENTATIONS NONE INTRODUCTIONS AND RECOGNITIONS NONE PUBLIC HEARINGS recessed the meeting for the purpose of conducting a public hearing regarding a request for an amendment to Appendix A-Zoning, Article VIII Community Unit Plans, of the Kirkwood Code of Ordinances regarding extending the period in which construction shall commence under a Community Unit Plan approval. Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis Countian on February 28, 2017, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on February 24, 2017, as Exhibit 2; a memorandum from City Planner Jonathan Raiche to the Planning and Zoning Commission, dated February 9, 2017, which was adopted in lieu of a Planning and Zoning Sub-Committee Report, as Exhibit 3; and the Kirkwood Code of Ordinances as Exhibit 4. City Planner Jonathan Raiche presented information pertaining to the request: The request is to allow for an extension to the twelve month construction period. The extension would not be automatic and would come before the City Council. The bill will be placed on the April 6, 2017 agenda for first reading consideration. PUBLIC COMMENTS announced that due to all property owners within 300 feet of the public hearing regarding the Amendment to the Special Use Permit for the Magic House located at 516 South Kirkwood Road having been found to not have been notified of the public hearing on February 2, 1

2017; MSD meeting at the site on April 6, 2017; and a landscape plan amendment, it will be requested that Substitute Bill 10542 should be continued to April 20, 2017. 1. Gary Reim, 3 Denny Lane, stated that he appreciates the decision of the council to continue the Magic House bill to April 20, 2017. 2. Gene Diederch, Board Share of the Magic House Board, 1324 Litzinger Woods, stated that he is concerned over the proposed language dealing with future expansions of the Magic House. 3. David Anderson, 521 Taylor Young Drive, concerned over the increase of the deer population and about driver safety and the possible damage to landscaping. Asks that the City of Kirkwood look into a way to control the deer population. 4. Julie Allman, 522 Angenette, stated that residents have tried to work with the Magic House in the past and will continue to do so in the future. Questions why the Magic House has not made a plan regarding parking. 5. Miriam Joseph, 517 Angenette, stated that she met with Beth Fitzgerald from the Magic House, as well as the Magic House s Finance Director. Future meetings with residents and the Magic House have been scheduled. CONSENT AGENDA Motion was made by and seconded by to approve the Consent Agenda. A discussion took place. The Consent Agenda was unanimously approved. a) Approval of the March 2, 2017 City Council Meeting Minutes b) Resolution 26-2017, directing the Mayor to enter into a contract with Lewis & Rice to amend legal services c) Resolution 27-2017, transferring funds from various departmental accounts to other departmental accounts to balance the 2017 fiscal year budget ($77,000) d) Resolution 28-2017, approving and adopting the Kirkwood Public Art Policy e) Resolution 30-2017, directing the Mayor to enter into an annual renewable agreement with the Saline Valley Fire Protection District for vehicle maintenance to be performed by the City of Kirkwood Fleet Services Department f) Resolution 31-2017, transferring funds from the Contingency Account to the Salary/Wages Account ($16,500) g) Resolution 33-2017, accepting the bid of Spencer Contracting Co. for the Farmers Market parking lot mill and overlay and directing the Mayor to enter into a contract (not to exceed $51,353.75) 2

h) Resolution 34-2017, accepting the proposal of Murphy Company for the Kirkwood Community Center Ice Rink sub-floor heating system repair and directing the Mayor to enter into a contract (not to exceed $100,000) i) Resolution 35-2017, accepting the bid of Bazan Painting Co. for the Kirkwood Aquatic Center Competition pool painting and directing the Mayor to enter into a contract (not to exceed $30,000) j) Resolution 36-2017, transferring funds, accepting the bid of RV Wagner, Inc. for the Kirkwood Aquatic Center Competition Pool Concrete Deck Repair and authorizing and directing the mayor to enter into a contract and directing the Mayor to enter into a contract (not to exceed $38,000) k) Resolution 37-2017, approving the recommended lineup of Deferred Compensation pension investment options as presented by Marquette Associates OLD BUSINESS Substitute Bill 10542, granting a Special Use Permit amendment and approving the Site Plan for a museum located on the property at 516 South Kirkwood Road subject to certain conditions, was brought before the council. Motion was made by and seconded by to continue the bill to April 20, 2017. A discussion took place. The motion to continue was unanimously approved. The bill was continued to April 20, 2017. Bill 10547, adopting and approving the Operating and Capital Budgets for the City of Kirkwood for the fiscal year April 1, 2017 through March 31, 2018, and appropriating such sums as are set forth herein for all departments and the accounts therein specified, for all expenditures of the City of such year, which appropriations total $81,093,147, Capital Projects of $7,555,348, and appropriating the sum of $535,278 for payment of principal, interest and bank fees for General Obligation Bonded Indebtedness from the Debt Service Fund: and reappropriating $9,760,346 for previously approved projects that will be incomplete as of March 31, 2017, was brought before the council. 3

10393. Bill 10548, approving the budget of the Special Business District for the fiscal year April 1, 2017 through March 31, 2018, was brought before the council. 10394. Bill 10549, amending the provisions of the Municipal Code, Appendix A Zoning, regarding Site Plan Review, was brought before the council. 10395. Bill 10550, appropriating $15,000 from the General Fund Reserve to the Dispatch (Support Services) Part-Time Account for the Police Department, was brought before the council. 4

10396. Bill 10551, amending the Kirkwood Code of Ordinances, Chapter 14, Section 14-393 Schedule C: No Parking by adding no parking on the west side/southbound Gabriel Court starting immediately south of Elm Tree Lane and continuing south to where Gabriel Court and Gabriel Drive intersect, was brought before the council. 10397. Bill 10552, adopting a new City of Kirkwood Classification and Pay Plan, was brought before the council. 5

10398. Bill 10553, revising Sections 5-109, Administrative Fees of Article VI, Fee Schedule, of the Code of Ordinances of the City of Kirkwood, was brought before the council. 10399. Bill 10554, appropriating $30,000 from the Electric Fund (Fund Balance) to the Distribution System Overtime Account for the Electric Department, was brought before the council. 10400. 6

NEW BUSINESS Resolution 29-2017, amending Resolution 137-2016 by extending the contract with Hercules Construction Management Company and by increasing the amount of the contract from the amount not to exceed of $36,000 to an amount not to exceed of $110,000 for Owner s Representative Service for the Community Center and Theater Construction, was brought before the council. Motion was made by and seconded by Council Member Duwe to accept the Resolution as read. Resolution 32-2017, accepting the bid of Kelpe Contracting in a not to exceed amount of $734,488.97 (includes contingency of $66,771.72) for the 2017 Concrete Street Reconstruction for the Public Services Department and authorizing and directing the Mayor to enter into a contract, was brought before the council. Motion was made by and seconded by to accept the Resolution as read. CONSENT AGENDA ITEMS FOR DISCUSSION NONE CITY COUNCIL REPORTS reported that there will be a Town Hall meeting on Thursday, March 23, 2017 at 7:00 p.m. in the Council Chambers regarding the Capital Improvement Sales Tax renewal that will be on the April 4, 2017 ballot as Proposition One. 7

reported that the grand opening of the Children s Room at the Kirkwood Public Library will be on April 8, 2017 at 10:00 a.m. CHIEF ADMINISTRATIVE OFFICER REPORT Ms. Ragland reported that the City has received an Application for a Picnic Liquor License from Midwestern Braille Volunteers for a fundraiser at the Community Center on March 25, 2017. Motion was made by and seconded by to approve the application. A discussion took place. The motion was unanimously approved. Ms. Ragland reported that the City has received an Application for a Picnic Liquor License from Shepherd s Center of Webster-Kirkwood, Inc. for a fundraiser at the Community Center on April 30, 2017. Motion was made by and seconded by Council Member Edman to approve the application. A discussion took place. The motion was unanimously approved. Ms. Ragland reported that the City has received an Application for Temporary Outdoor Promotional Variance from Wal-Mart, 1202 South Kirkwood Road, to display pallets of lawn and garden goods on the front parking lot. Motion was made by and seconded by to approve the application. The motion was unanimously approved. CITY ATTORNEY REPORT Mr. Hessel thanked the City Council for approving Resolution 26-2017. CITY CLERK REPORT Ms. Asche read the report of the March 15, 2017 Planning and Zoning Commission meeting. The following action took place: 1. After a presentation by City Planner Jonathan Raiche and the applicant, Nicole Hill, for a Special Use Permit for a learning center to operate a dance studio at 245 West Essex Avenue, a subcommittee consisting of Ms. Coronado and Mr. Diel was appointed. The Subcommittee scheduled a meeting at the site on March 20, at 8:15 a.m. 2. City Planner Jonathan Raiche and the applicant s agent, Tyler Stephens, presented the final development plan for a mixed-use development at 201 South Kirkwood Road. 3. Reviewed Chapters 3 and 4 of the Envision 2035 Comprehensive Plan and made suggestions for revisions. Ms. Asche reported that the City Clerk s Office received a Destruction of Records form from the Police Department, which will be filed with the approved minutes. 8

ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned. The next regular council meeting is scheduled for April 6, 2017, at 7:00 p.m. Approved: April 6, 2017 Laurie Asche, CMC/MRCC Deputy City Clerk 9