KIRKWOOD CITY COUNCIL
KIRKWOOD CITY HALL
JANUARY 3, 2019	
7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, January 3, 2019, at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri.  Present were Mayor Griffin, Council Members Duwe, Edman, Luetzow, Ward, Wurtz, and Zimmer. Also in attendance were Chief Administrative Officer Russell Hawes, Assistant Chief Administrative Officer Georgia Ragland, City Clerk Laurie Asche, Deputy City Clerk Fredrick Doss, and City Attorney John Hessel.  

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 for a Special Use Permit Amendment and Site Plan Approval for Frei Glass at 1017 West Adams Avenue.  Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis Countian on December 14, 2018, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on December 14, 2018, 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 December 6, 2018, as Exhibit 5; the Planning and Zoning Commission Subcommittee Report dated December 5, 2018, as Exhibit 6; and the Kirkwood Code of Ordinances as Exhibit 7.

City Planner Jonathan Raiche presented information pertaining to the request:
•	The applicant was approved for a Special Use Permit and Site Plan for the expansion of a legal non-conforming use in April of 2018 with the approval of Ordinance 10474.
•	Since that time, the applicant has further refined their interior building plans and is requesting an approximately 1,500 square foot expansion of the previous approval.
•	The expansion is proposed for the Studio building (northwest of site).

•	In addition to the building expansion, the request includes shifting the parking spaces so that the majority of the parking spaces are located on the west side of the driveway.
•	The new building is to not be used as residential use.  
•	The hours of operation are proposed to remain the same, 7:00 a.m. to 9:00 p.m. 

Paul Boyer, petitioner’s agent, spoke in regards to the history of the property and proposal.  The petitioner spoke with nearby residents regarding the proposal.  The reason for the expansion is to have a dedicated space for artists.  There is a fire hydrant being proposed on the property.  The project proposal is almost finished with MSD approval process, in which the driveway will be permeable pavement. 

The bill will be placed on the January 17, 2019 agenda for first reading consideration.

Public Hearing #2
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for Zoning Code Text Amendments related to the addition of “Self-storage; fully enclosed, drive through” as a Special Use in the B-4 District, a Special Use Permit for a fully-enclosed drive-thru self-storage facility for EZ Storage, and a Special Use Permit for storage of vehicles for motor vehicle sales at 10461 Manchester Road.  Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis Countian on December 14, 2018, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on December 14, 2018, 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 December 6, 2018, as Exhibit 5; the Planning and Zoning Commission Subcommittee Report regarding Zoning Code Text Amendments related to the addition of “Self-storage; fully enclosed, drive through” as a Special Use in the B-4 District, dated December 5, 2018, as Exhibit 6; the Planning and Zoning Commission Subcommittee Report a Special Use Permit for a fully-enclosed drive-thru self-storage facility for EZ Storage, dated December 5, 2018, as Exhibit 7; the Planning and Zoning Commission Subcommittee Report regarding a Special Use Permit for storage of vehicles for motor vehicle sales at 10461 Manchester Road, dated December 5, 2018, as Exhibit 8; the Planning and Zoning Commission Subcommittee Report regarding B-4 Development Plan Review, dated December 5, 2018, as Exhibit 9;  and the Kirkwood Code of Ordinances as Exhibit 10.

City Planner Jonathan Raiche presented information pertaining to the request:
•	The applicant has submitted a multi-part application which includes the following items: 1) multiple text amendments to the Zoning Code to allow for a new Special 

Use category in the B-4 District, 2) a Development Plan for the approximately 8.6 acre site located at 10461 Manchester Road, 3) a Special Use Permit for the new category of “Self-storage; fully enclosed, drive through”, and 4) a Special Use Permit for storage of vehicle inventory related to a franchise motor vehicle dealer.
•	These items are addressed in separate sub-committee reports; however, they are intricately linked to each other.
•	The requested text amendments include adding “Self-storage; fully enclosed, drive through” as a Special use in the B-4 District, defining said use category, and including a parking ratio for said category.  
•	The applicant has proposed one (1) space per thirteen thousand (13,000) square feet of gross building area, which may be located on either the interior or exterior of the building, and a minimum of two (2) additional dedicated spaces located on the exterior of the building.
•	Vehicular access into the existing building on Lot C shall be restricted to the south and east sides of the building.
•	Hours of operation for the self-storage facility shall be limited to 7:00 a.m. until 10:00 p.m. daily. 
•	The hours of operation for the storage of motor vehicle sales shall be limited to 8:00 a.m. until 6:00 p.m. Monday through Saturday and closed on Sunday. 
•	Showing or sales of vehicles shall be prohibited on the subject property.
•	All vehicle deliveries shall occur on-site with no unloading of vehicles occurring in the public right-of-way.
•	A maximum of 270 vehicles shall be stored on the subject site and all vehicles shall be legally parked within the spaces indicated on the proposed Development Plan.
•	Vehicles stored on-site shall be limited to auto sales inventory and shall not include vehicles related to motor vehicle service/repair.  

City Attorney John Hessel stated for the record that since the text amendments did not receive a favorable vote from a majority of the Planning and Zoning Commission it would require a super majority vote or a vote of 2/3 of the City Council to pass.  

Petitioner’s agents; Robert Klahr, Steve Nolan, Mark Cornfeld, Bill Bowman, JD Howe, and Jeremy Whitt with Audi Kirkwood, made a presentation and spoke in regards to the history and operation of EZ Storage, discussed two plans that were originally considered, and how the current proposal falls in line with the City of Kirkwood’s Comprehensive Plan.  Typical daily access for the self-storage facility is approximately 3-5 cars per hour.  The residential component of the proposal is industry standard and adds to the quality of the location.  A Payment in Lieu of Taxes is proposed.

Public Comments
1.	Jed Penney, 11420 Lackland Rd, 63146, Schnucks Market Inc., spoke in favor of the proposal.
2.	Wayne Baldwin, 223 Timbercrest Rd, spoke in opposition of the proposal. 
3.	Ruth Baldwin, 223 Timbercrest Rd, spoke in favor of the proposal. 
4.	Ron Bruns, 10341 Manchester Rd, spoke in favor of the proposal.  
5.	John Hughes, #3 Dunlora Lane, 63131, spoke in favor of the proposal. 
6.	Brad Boessen, 633 Flauders Dr, spoke in favor of the proposal. 
7.	Darin Smarn, 212 Timbercrest Rd, spoke in favor of the proposal. 
8.	Jeremy Whitt, 10230 Manchester Road, Audio Kirkwood, spoke in favor of the proposal. 
9.	Karen Giesler, 1030 Sylvan Pl, concerned about the conceptual retail and 
increased traffic. 
10.	Jamie Manstuld, 7700 Forsyth Blvd, Nolan Real Estate Interests, read two letters of support sent to the applicant. 	

The bills will be placed on the January 17, 2019 agenda for first reading consideration.

      PUBLIC COMMENTS
1.	Nikki Difani, 1905 Westview Avenue, spoke in regards to Bill 10690.  Concerned about eliminating a height requirement. 
2.	Ronald Miller, 712 N. Geyer Road, spoke in regards to the proposal to 
move the sidewalk and hybrid beacon light on Geyer Road to in front of Keyser Elementary. Concerned that the proposal did not include the residents of the 700 block of N. Geyer in the earlier stages of the project. 
3.	Susan Miller, 712 N. Geyer Road, spoke in regards and concerned to the 
proposal to move the sidewalk and hybrid beacon light on Geyer Road to in front of Keyser Elementary.  

CONSENT AGENDA
Motion was made by Council Member Duwe and seconded by Council Member Luetzow to approve the Consent Agenda. It was requested that items b) and d) be removed from the Consent Agenda and placed at the end of the regular agenda for discussion.  The Consent Agenda was unanimously approved.

a)	Approval of the December 20, 2018 City Council Meeting Minutes
b)	Resolution 2-2019, amending and readopting the City of Kirkwood City Fee Schedule relating to ambulance, building permits, parks and recreation user fees and utilities *Removed and placed at the end of the agenda

c)	Resolution 3-2019, authorizing the Chief Administrative Officer to enter into a Collective Bargaining Agreement with the Local Union No. 2 of the International Brotherhood of Electrical Workers through March 31, 2021
d)	Resolution 4-2019, transferring funds from multiple accounts to the Professional Services Account for street and sidewalk repairs due to water main breaks and leaks ($84,820) * Removed and placed at the end of the agenda
e)	Resolution 5-2019, accepting the bid of Schulte Supply for the purchase of a valve exerciser for the Water Department and authorizing the issuance of a Purchase Order ($29,030)

UNFINISHED BUSINESS
Bill 10702, amending Chapter 5 by creating a new Article VI. “Infill Development Storm Water Management”, redesignating Article VI. “Fee Schedule” to a new Article VII. and amending various sections of the Code for consistency, was brought before the council.  A discussion took place. 
	
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	

The bill, having received majority approval of the council, was adopted and became Ordinance 10546.

Bill 10703, amending the provisions of the Municipal Code, Appendix A – Zoning, regarding parking requirements for Liner Buildings within the Downtown Master Plan Study Area and including a new definition of “Liner Building”, was brought before the council.  A discussion took place. 
	
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”

Council Member Zimmer		“Yes”	

The bill, having received majority approval of the council, was adopted and became Ordinance 10547.

Bill 10704, amending the provisions of the Municipal Code, Appendix A – Zoning, regarding requirements for Proximity of Off-Street Parking, was brought before the council.  A discussion took place. 
	
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	

The bill, having received majority approval of the council, was adopted and became Ordinance 10548.

Bill 10705, amending provisions of the Municipal Code, Appendix A – Zoning, regarding increased opportunity for shared parking, was brought before the council.  A discussion took place. 
	
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	

The bill, having received majority approval of the council, was adopted and became Ordinance 10549.

Bill 10706, amending the provisions of the Municipal Code, Appendix A – Zoning, regarding the reorganization of Required Parking Rates throughout the City and the reduction of Required Parking Rates within the Downtown Master Plan Study Area, was brought before the council.  A discussion took place. 

Roll Call: 

Mayor Griffin				“Yes”			
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	

The bill, having received majority approval of the council, was adopted and became Ordinance 10550.

Bill 10707A, amending the provisions of the Municipal Code, Appendix A – zoning, regarding Required Bicycle Parking, was brought before the council.  A discussion took place. 

Motion was made by Council Member Edman and seconded by Council Member Zimmer to amend the Bill by amending Section 1(2) by adding a new subsection (ii) to read, “Properties located on A-streets as identified on the Framework Plan of the Downtown Master Plan and Parking Study”.  A discussion took place. The motion to amend was withdrawn.

Motion was made by Council Member Edman and seconded by Council Member Zimmer to amend the Bill by amending Section 7(a) deleting the language, “upon written request from the applicant” and “following recommendation from the Planning and Zoning Commission”.  A discussion took place.  The motion to amend was unanimously approved.

Motion was made by Council Member Duwe and seconded by Council Member Edman to amend the Bill by amending Section 6(b) by changing four (4) feet to three (3) feet.  A discussion took place.   The motion to amend was unanimously approved.  
	
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Ward		“Yes”
Council Member Wurtz		“No”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	

The amended bill, having received majority approval of the council, was adopted and became Ordinance 10551.

Bill 10708, appropriating $5,024 from the Equitable Sharing Fund Balance to Account #205-1201-429.75.05, for the replacement of the Police Department employee photo identification card creation equipment, was brought before the council.  A discussion took place. 
	
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	

The bill, having received majority approval of the council, was adopted and became Ordinance 10552.

NEW BUSINESS
Bill 10690, amending the provisions of the Municipal Code, Appendix A – Zoning, regarding height requirement in the B-2 Business District, was brought before the council.  Motion was made by Council Member Duwe and seconded by Council Member Wurtz to continue the bill to January 17, 2019.  The motion to continue was unanimously approved.  A substitute bill will be drafted for council consideration.   

The bill was continued to January 17, 2019. 

Bill 10709, appropriating $30,000 from the Workers’ Compensation Fund Balance to the Workers’ Compensation Premiums Account for Workers’ Compensation premiums, was brought before the council.  Motion was made by Council Member Duwe and seconded by Council Member Wurtz to accept the bill for first reading approval.  

The bill received first reading approval and was held over. 

Bill 10710, adopting a new City of Kirkwood Classification and Pay Plan, was brought before the council.  Motion was made by Council Member Zimmer and seconded by Council Member Edman to accept the bill for first reading approval.  

The bill received first reading approval and was held over. 

Resolution 1-2019, adopting the Storm Water Management Guidance, City of Kirkwood Green Infrastructure Techniques for Storm Water Management Manual, was brought before the council.  Motion was made by Council Member Luetzow and seconded by Council Member Wurtz to accept the Resolution as read.   

Roll Call: 

Mayor Griffin				“Yes”			
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	

CONSENT AGENDA ITEMS FOR DISCUSSION
Resolution 2-2019, amending and readopting the City of Kirkwood City Fee Schedule relating to ambulance, building permits, parks and recreation user fees and utilities, was brought before the council.  Motion was made by Council Member Ward and seconded by Council Member Zimmer to accept the Resolution as read.   A discussion took place.  

Roll Call: 

Mayor Griffin				“Yes”			
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	

Resolution 4-2019, transferring $84,820 from multiple accounts to the Professional Services Account for street and sidewalk repairs due to water main breaks and leaks was brought before the council.  Motion was made by Council Member Duwe and seconded by Council Member Wurtz to accept the Resolution as read.   A discussion took place. 

Roll Call: 

Mayor Griffin				“Yes”			
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	

Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	

CITY COUNCIL REPORTS
	Mayor Griffin reported that the 2019 City Council meeting schedule has a City Council meeting falling on Thursday, July 4, 2019.  The first meeting in July will take place on Wednesday, July 3, 2019. 

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

CITY ATTORNEY REPORT
	Mr. Hessel had nothing to report.   

CITY CLERK REPORT
Ms. Asche read the report of the January 2, 2019 Planning and Zoning Commission meeting.  The following action took place: 
1.	Recommended approval of a Community Unit Plan to develop an eight-lot 
subdivision on 4.7 acres at 425 Emmerson Avenue and 2040 Boaz Avenue.  
2.	Recommended approval of rezoning 11204 through 11224 Big Bend 
Boulevard from R-3 to R-5; however, recommended denial of the site plan to develop a 48-unit apartment building.  A public hearing will be scheduled. 
3.	Unanimously recommended approval of amending the Zoning Code and 
the Site Plan for a 14-unit condominium building at 204 South Clay 
Avenue.  A public hearing will be scheduled. 
4.	After a presentation, the Commission recommended approval of multiple 
subdivision waiver requests to allow the Kirkwood United Church of Christ 
at 1603 Dougherty Ferry Road to be on a lot less than the required three acres and for smaller side yard setbacks than required.
5.	After a presentation for a site plan for Crown Castle to replace the 80-foot 
tall cellular tower with a 95-foot tall tower at 12309 Old Big Bend Road, 
Commissioners Diel and Frick were appointed to the Subcommittee; and a meeting was scheduled at the site for January 9 at 8 a.m.
6.	After a presentation for a site plan to construct a multi-tenant office 
building at 10727 through 10741 Big Bend Road and 126 Prospect 
Avenue, Commissioners Mallinckrodt and Adkins were appointed to the Subcommittee; and a meeting was scheduled at the site for January 8 at 7:30 a.m.
7.	After a presentation, the Commission recommended approval of rezoning 

345 South Fillmore Avenue (Public Works facility), 210 East Monroe Avenue (Performing Arts center) and 212 South Taylor Avenue 
(Purchasing and Electric facility) from I-1 to B-2.  A public hearing will be scheduled. 

The next meeting will be held on January 16, 2019, at 7 p.m.

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 10:00 p.m.  The next regular council meeting is scheduled for January 17, 2019, at 7:00 p.m.  

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk

Approved:  January 17, 2019