Kirkwood City Council Meeting Minutes - Amended
Via Zoom
Thursday, September 3, 2020, 7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, September 3, 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, Director of Public Services Bill Bensing, Planning and Services Director Jonathan Raiche, Director of Finance Sandy Stephens, 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
NONE

PUBLIC HEARINGS
Public Hearing #1
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for a Zoning Code Text Amendment and Site Plan Review for Commerce Bank at 300 North Kirkwood Road. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on August 18, 2020, as Exhibit 1; an Affidavit of Publication in the Legal Ledger on August 18, 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 Sub-Committee dated August 5, 2020, as Exhibit 5; the report of the Planning & Zoning Commission dated August 6, 2020; and the Kirkwood Code of Ordinances as Exhibit 7. 

Planning and Development Services Director Jonathan Raiche presented information pertaining to the request:
•	The applicant is requesting two separate actions which include the following: 1) for a text amendment in the B-2, General Business District regulations regarding street frontage occupation in Section A-510.8 (2) and 2) a Site Plan Review for an approximately 3,800 sf, 1-story retail bank building located along Kirkwood Road. 
•	The Subcommittee recommends that the request to amend Section A-510.8 (2) of the Zoning Code to remove the existing provision and replace with the following language be approved:

“When located within the study area of the 2018 Downtown Master Plan and Parking Study and located on a Phase 2 street, as identified in the Thoroughfare Hierarchy Map located in said plan, a minimum frontage occupation requirement of 75% shall be provided. 
*However, with respect to corner lots only, said minimum frontage occupation requirement shall not apply to Downtown Phase 2 B-Streets provided the required frontage occupation is met on a A-Street frontage of said corner lot, but in the event said corner lot fronts on two Phase 2 B-Streets, then said frontage occupancy requirement shall apply only to one such street frontage.”

•	The Subcommittee recommends that the Site Plan Review application be approved with the following conditions:
1.	The project shall be constructed and maintained in accordance with the plans referenced in the Drawing Submitted portion of this report, except as noted herein. 
2.	A 6’ high sight-proof fence shall be installed along the eastern property line and shall be constructed of material comparable to simtek composite fencing. 
3.	All proposed public sidewalks shall be constructed so that they terminate in a manner compliant with ADA/PROWAG and shall be replaced with a 6’ wide exposed aggregate sidewalk.
4.	The species of street frontage trees along Washington Avenue may need to be revised to avoid conflict with the existing overhead utility lines as advised by the City Forester.
5.	Prior to City Council approval, a revised landscape plan shall be submitted which includes one additional canopy tree and one additional evergreen tree near the proposed trash enclosure.
6.	Prior to City Council approval, a revised site plan, lighting plan, and landscape plan shall be submitted which includes a pedestrian sidewalk along the eastern property line. Said area shall include low-lying vegetation and trees as possible; however, it is recognized that the width of the buffer area may not accommodate trees alongside the desired sidewalk. Because of this, a modification to the parking lot landscaping requirements along the eastern property line is recommended to accommodate the sidewalk. Said revised lighting plan shall ensure that the proposed pedestrian sidewalk meets the regulations in Section A-1040.
7.	A recorded cross-access easement for both vehicular and pedestrian access shall be required along the proposed eastern drive and the buffer area that will accommodate the requested sidewalk in this area to provide access across the site and toward Adams Avenue.
8.	A demolition permit for the existing building on Lot 1 shall be submitted prior to occupancy of the proposed building on Lot 2 and said existing building shall be demolished within 180 days of the date of the occupancy permit of the proposed building on Lot 2. Alternatively, the applicant shall provide documentation that the parking requirements for the proposed bank structure and the existing bank structure are fulfilled.
9.	The applicant shall comply with all standard conditions as listed in Exhibit A.
•	The revised Site Plan to address condition from P&Z – still under review
o	3,800 sf retail bank building; 1 story (22’)
o	Building frontage along Washington – appox. 20% (text amend)
o	3 advanced ATM lanes – meet minimum required queuing length
o	2 full access points on Washington w/ Cross access to south
o	Parking exceeds minimum required (15 required, 26 provided)
•	The revised Landscape Plan includes a combination of existing and proposed trees to meet the various requirements:
o	9 street trees required on Washington
o	3 street trees required on Kirkwood Rd
o	Evergreen trees (not shrubs) required around dumpster enclosure

Petitioner Chris Mrozewski of V3 Studios for Commerce Bank addressed the council. A discussion took place. Some of the items discussed are as follows:

•	There is concern that the flagpole and the fence that is currently in place on the property remains in its location because of their historical significance. 
•	Question was raised about an oak tree being saved on the property.
•	Mention was made regarding water run-off on the property and using porous asphalt on the parking lot.
•	The cross access design is standard practice for the safety of pedestrians.
•	It was stated that Commerce Bank has demonstrated their sensitivity to the concerns of the community and maintained historical values on the property.
•	Concern was raised regarding the two access points.  
 
The bill will be placed on the September 17, 2020 agenda for first reading consideration.  The Resolution will be placed on the October 1, 2020 agenda for council consideration. 

Public Hearing #2
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for a Special Use Permit for a Physical Fitness Facility known as RiverNorth Strength in Suites A and B at 10505 Big Bend Boulevard. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on August 18, 2020, as Exhibit 1; an Affidavit of Publication in the Legal Ledger on August 18, 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; a memo from Planning & Development Services Director Jonathan Raiche dated July 29, 2020, as Exhibit 5; the report of the Planning & Zoning Commission dated August 6, 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:
•	The subject property was rezoned to B-1, Neighborhood Business District in 2017 and was also approved for a site plan to develop the property with the approximately 3,800 sf multi-tenant building that exists today.
•	The owner is now requesting a Special Use Permit for a Physical Fitness Facility on behalf of a potential tenant, River North Strength.
•	The proposal requires 4 parking spaces. The building provides 19 parking spaces.
•	There is no exterior work proposed.
•	The Commission recommends this petition to be approved with the following conditions:
o	A Special Use Permit shall be granted to allow for the operation of a physical fitness facility in approximately 1,127sf of space in the building located at 10505 Big Bend Boulevard.
o	The physical fitness facility shall be required to comply with the City’s parking requirements.

Petitioner Ron Hampp, manager, addressed the council. A discussion took place. Some of the items discussed are as follows:

•	Mention was made that a bike rack will be available on the property.
•	All activities will be done indoors.
•	It is anticipated that no more than 3-4 parking spaces will be used at peak times.

The bill will be placed on the September 17, 2020 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. 

a)	Approval of the August 20, 2020 Council Meeting Minutes
b)	Resolution 100-2020, accepting the bid of Network Technology Partners  for Sophos Software License Renewal for the MIS Department and authorizing and directing the Director of Procurement to issue a Purchase Order ($21,286.95)
c)	Resolution 101-2020, approving a contract amendment with Middendorf & Ruess Construction, Inc. for Firehouse #2 Concrete Drive Replacement and authorizing and directing the Mayor to enter into an amended contract (amount not to exceed of $41,000)
d)	Resolution 102-2020, approving a contract amendment with Murphy Company for Police Department Dispatch HVAC RTU Replacement and authorizing and directing the Mayor to enter into an amended contract (amount not to exceed of $24,000)

UNFINISHED BUSINESS
	Bill 10843, an ordinance amending and readopting the provisions of Appendix E, “Personnel Rules and Regulations” of the Kirkwood Code of Ordinances, was brought before the council.

	Roll Call:

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

The bill, having received majority approval of the Council, was adopted and became Ordinance 10681.

NEW BUSINESS
	Bill 10844, an ordinance fixing and establishing the rate of taxation to be levied upon all real estate and certain tangible personal property in the City of Kirkwood, County of St. Louis, State of Missouri, for the year 2020, for the maintenance of the Kirkwood Public Parks; for the Police and Firemen’s Pension Fund; for general government services and for businesses in the Special Business District, was brought before the council. Motion was made by Council Member Ward and seconded by Council Member Duwe to accept the Bill as read.
	
The bill received first reading approval and was held over.  

	Bill 10845, an ordinance fixing and establishing the rate of taxation to be levied upon all real estate and certain tangible personal property in the City of Kirkwood, County of St. Louis, State of Missouri, for the year 2020, for the operation and maintenance of the Municipal Library District of Kirkwood, was brought before the council. Motion was made by Council Member Duwe and seconded by Council Member Ward to accept the Bill as read,

The bill received first reading approval and was held over,

	Bill 10846, an ordinance appropriating funds in the amount of $91,359.92 from the Debt Service Fund to the Transfer to Other Funds Account, and then transferring funds in the amount of $91,359.92 from the Transfer to Other Funds Account to the General Fund, was brought before the council. Motion was made by Council Member Zimmer and seconded by Council Member Duwe to accept the Bill as read,

The bill received first reading approval and was held over,

Resolution 99-2020, a resolution authorizing the reversal of voluntary reduction in general government services property tax rates, was brought before the council. Motion was made by Council Member Gibbons and seconded by Council Member Ward to accept the Resolution as read.

Roll Call:

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

CONSENT AGENDA ITEMS FOR DISCUSSION
NONE

     CITY COUNCIL REPORTS
Council Member Ward encourages everyone to reply to the census questionnaire to have an accurate count of the community for proper representation.
Council Member Zimmer wanted to remind everyone to lock vehicles and all valuables each night.
 
CHIEF ADMINISTRATIVE OFFICER REPORT
Mr. Hawes reported that the City received an Application for Liquor License to sell intoxicating liquor by the drink, plus Sunday, from The Pioneer Café, 210 N. Kirkwood Road. Motion was made by Council Member Zimmer and seconded by Council Member Wurtz to approve the application.  The motion was unanimously approved.

Mr. Hawes reported that the City has received $2.6 million in STPS Grant Funds for projects from East-West Gateway. Director of Public Services Bill Bensing summarized the two grants received as: 
1) Kirkwood Road for mill and overlay with ADA improvements from Swan to Adams Avenue. 
2) Lindeman Avenue for mill and overlay with ADA improvements with possible enhanced pedestrian crossings from Dougherty Ferry to the City’s northern limits.

CITY ATTORNEY REPORT	
		Mr. Hessel had nothing to report.

CITY CLERK REPORT
Ms. Asche read the report of the September 2, 2020 meeting of the Planning & Zoning Commission. The following action took place.
1.	By a vote of 8 to 1, the Commission recommended approval of a request to amend the Zoning Code by adding a definition for “Assisted Living Facility”, adding “Assisted Living Facility” as a Special Use Permit in the B-2 Zoning District, and adding a parking rate for Assisted Living Facility. 
2.	By a vote of 7 to 2, the Commission recommended approval of     granting a Special Use Permit for an Assisted Living Facility and of a Preliminary Development Plan for a Mixed-use Development in the B-2 District at 300 North Kirkwood Road as submitted by Opus Development.

Ms. Asche reported on upcoming public hearings:

Based on the report of the September 2nd Planning & Zoning Commission
report, the two items will be scheduled for public hearings on October 1, 2020. 

October 22, 2020 (rescheduled from August 27, 2020)
1.	A request for a Mixed-Use Development in the B-2 Zoning District known as The James (formerly Kirkwood Flats) at 426 N. Kirkwood Road

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:18 p.m.  The next regular council meeting is scheduled for September 17, 2020 at 7:00 p.m. 

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk
Approved: