Kirkwood City Council Meeting Minutes 
Via Zoom
Thursday, October 1, 2020, 7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, October 1, 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 Development Services Director Jonathan Raiche, City Engineer Chris Krueger, 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 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. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on September 9, 2020, as Exhibit 1; an Affidavit of Publication in the Legal Ledger on September 9, 2020, as Exhibit 2; the report of the Planning and Zoning Commission dated September 2, 2020, as Exhibit 3; the Memorandum from Planning and Development Service Director Jonathan Raiche, as Exhibit 4; the report of the Planning & Zoning Commission Sub-Committee dated September 2, 2020, as Exhibit 5; 

the Kirkwood Code of Ordinances as Exhibit 6; and the City has received 30 e-mail which have been provided to the Mayor and City Council and are retained in the City Clerk’s office, as Exhibit 7.

Planning and Development Services Director Jonathan Raiche presented information pertaining to the request:
•	The applicant has submitted an application for Mixed-use Zoning Code Text Amendments which includes the following items: 1)  Section A 140-Definitions adding “Assisted Living Facility” Any premises, other than a residential care facility, intermediate care facility, or skilled nursing facility, that is utilized by its owner, operator, or manager to provide twenty-four hour care, services, programs and protective oversight to three or more residents who are provided with shelter, board, and who may need and are provided with the following: (a) Assistance with any activities of daily living and any instrumental activities of daily living, (b) Storage, distribution, or administration of medications; and (c) Supervision of health care under the direction of a license physician, provided that such services are consistent with a social model of care. Such term shall not include a facility where all the residents are related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility. Such term may also include independent living units that are dedicated to residents aged 55 years or older who do not meet the criteria for required care listed above.  In such case that independent living units are included, the required lot area per unit shall be increased from 500 sf to 800 sf of lot area per independent living unit. When located in the B-2, General Business District, said Assisted Living Facility shall only be permitted when part of a mixed-use development subject to the requirements of Section A-510.5., 2) Section A 510.3 add “Assisted Living Facility” (500 square feet per dwelling unit) as an available Special Use in the B-2 District and 3) Table 1000-2 in Section A-1000 to assign a required parking rate of .5 spaces per assisted living dwelling unit and 1 parking space per independent living dwelling unit.
•	The zoning code currently does not have a definition for a stand-alone definition for “Assisted Living Facility”.
•	It was recommended by a vote of 8-1, by the Planning and Zoning Commission to approve the 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.

Discussion took place.  Some of the discussion that took place is as follows:
•	The applicant believes mixed-use development will generate a benefit in downtown Kirkwood.
•	Concern was raised regarding what possible future use the property could hold.

•	The Special Business District has concern regarding the residents of the proposal being able to patronize downtown businesses.
•	Question was raised regarding the terminology “lot size” and “square foot per unit”.  There should be consistency.  

Comments from the Public:
1.	Phillip Hutchison, 131 East Adams Avenue, spoke of concerns that .5 parking spaces per unit would not be enough parking.

The bill will be placed on the October 15, 2020 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 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. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on September 9, 2020, as Exhibit 1; an Affidavit of Publication in the Legal Ledger on September 9, 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 September 3, 2020, as Exhibit 5; the Memorandum from Planning and Development Service Director Jonathan Raiche, as Exhibit 6; the report of the Planning & Zoning Commission Sub-Committee dated September 2, 2020, as Exhibit 7; the Kirkwood Code of Ordinances as Exhibit 8 and the City has received 30 e-mail which have been provided to the Mayor and City Council and are retained in the City Clerk’s office, as Exhibit 9.

Planning and Development Services Director Jonathan Raiche presented information pertaining to the request:
•	The applicant has requested for a Special Use Permit at and the Site Plan review for 300 North Kirkwood Road.
•	The Council Considerations are as follows:
o	Special Use Permit - If the proposed zoning is determined to be appropriate, are there reasonable conditions that can be placed upon the use the will ensure that it does not: 
•	Substantially increase traffic hazards or congestion
•	Substantially increase fire hazards
•	Adversely affect the character of the neighborhood
•	Adversely affect the general welfare of the community 
•	Overtax public utilities
o	Site Plan Review – Does the proposed site plan meet the various site development standards (i.e. buffering, landscaping, parking, lighting, 

etc.) state in the Zoning Code and the 15 criteria listed on Section 220 with consideration given to modifications as allowed by code?
•	The proposed section is for Lot 2 of the proposed commercial subdivision at 300 North Kirkwood Road.
•	Some of the changes made from the initial presentation were:
o	An 8 foot sidewalk and 8 foot tree lawn
o	Adjusted the ADA compliant parking spaces to meet the City Code.
o	Incorporated a sidewalk on the east side of the development.
•	The petitioner has proposed the following items:
1)	Proposal is for a five story tall building that would be 4 floors of residential with the first floor being commercial and amenity space.
2)	Approximately 7,800 sq. ft. of retail facing Kirkwood Road.
3)	30 commercial parking spaces on the ground level with an additional 6 spaces along Adams Avenue. The garage entrance is on the east side of the property.
4)	Add a linear park/recreation area for public use.
5)	Provide a pedestrian walkway through the middle of the block.
6)	Plant street trees along Kirkwood Road and Adams Avenue as well as additional landscaping.
•	The modifications requested included the Density (sf of lot area/unit), Floor Area Ratio and Parking lot perimeter trees.
•	The Traffic & Parking Study Analysis Summary includes:
1)	Similar traffic generation as a 52 unit market-rate multifamily development (permitted under code)
2)	Proposed development would generate approx. 29 trips (weekday morning peak hour) and 55 trips (weekday evening peak hour)
3)	2022 forecasted operating conditions are similar to the existing conditions and adjacent intersections generally have favorable peak hour conditions
4)	Intersection at Taylor & Adams is nearing capacity with current lane configuration; however, the proposed development would have a minimal impact (less than 10 second delay when forecasted for future growth in 2042)
5)	Proposed parking rate of approx. 1 space per unit is adequate and likely to have an excess. Proposed rate of 0.5 is consistent with industry standards.
•	The P&Z Discussion Summary included:
1)	Broader impacts of adding Assisted Living to B-2 District regarding concern for preserving vital commercial activity in the City and providing an active downtown.
2)	Received applicant information comparing intensity of proposed use to a traditional 52 unit multi-family development and average density information of other AL/IL developments

3)	Staff provided density summary of existing age-restricted Il development in/near Downtown Kirkwood and excerpts from existing requirements for CUP, Type C.
4)	Organization/management structure of development team provided at subcommittee request. 
5)	Subcommittee preference for sidewalk along eastern property line.
•	The P&Z Conditions of Note
1)	Text amendments recommended for approval with modifications by subcommittee
•	Specific density requirements
•	Mixed-use requirement
2)	Maximum 66 IL units and 56 AL units
3)	Modifications recommended for approval
4)	Public use easement required for the proposed linear park, interior sidewalk, and connection between the two.
5)	Revised lighting plan for new pedestrian walk – PROVIDED
6)	Cross-access easement for north/south.
7)	Recommendations from traffic study.
•	STOP Control exits onto Washington and Adams
•	22’ minimum throat width for internal drives
•	Follow AASHTO site distance requirements 

Petitioners Ryan Carlie, Director of Real Estate with Opus Development Company and Joe Miklich, Sr. Vice President of Development with Allegro Senior Living and Gary Schuberth, Architect with Opus Development Company addressed the council.  Some of the discussion that took place is as follows:
•	Concern was raised regarding the tree on the Kirkwood Road side of the proposal not being indicated on the landscaping plan.  The tree has root rot and the petitioner’s Arborist have determined the tree has approximately three years of life left and should be removed.  It was requested that the City of Kirkwood’s Forester Cory Meyer look at the tree.  
•	Concern was raised regarding increased traffic and the character of the neighborhood being negatively affected.
•	Question was raised regarding if national trends match the Kirkwood trends for assisted living housing.

Comments from Public:
1.	Phillip Hutchison, 131 East Adams Avenue, spoke in regards and concern for the population density exceeding the code requirements, sufficient parking, traffic problems and concern of the possibility of eviscerating the zoning code.
2.	Parker Penn, 3 Windsor Lane, spoke in support of this proposed development.
3.	Rich Vandegrift, 131 East Adams Avenue, spoke on his concern of the density per unit, traffic/parking problems and not having enough green space. 

4.	Dan Herrin, 130 East Bodley, expressed concern over the possibility of council adopting an amendment and then disregard that same amendment related to this development and that the City should stay with the Downtown Kirkwood Master Plan. 
5.	Ross Sanders, 724 East Madison, spoke in support of this proposed development. 
      
The bill and the resolution will be placed on a future agenda for first reading consideration.

PUBLIC COMMENTS
NONE

  CONSENT AGENDA
	Motion was made by Council Member Zimmer and seconded by Council Member Wurtz to approve the Consent Agenda. 

a)	Approval of the September 17, 2020 Council Meeting Minutes

UNFINISHED BUSINESS	
Bill 10847, an ordinance amending the provisions of the Municipal Code, Appendix A – Zoning, Section A-510.8 regarding the Frontage Occupation Requirement in the B-2, General Business District (Central Business District), was brought before the council.

Roll Call:

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

The bill, having received majority approval of the Council, was adopted and became Ordinance 10685.
	
Bill 10848, an ordinance granting a Special Use Permit for a Physical Fitness Facility at 10505 Big Bend Boulevard subject to certain conditions, was brought before the council.  A discussion took place. 

Roll Call:

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

The bill, having received majority approval of the Council, was adopted and became Ordinance 10686.

Bill 10849, an ordinance approving the Final Subdivision Plat of a two-lot commercial subdivision known as Kirkwood Mixed Use, a tract of land being part of the west ½ of block 11 of the town of Kirkwood, as recorded in Plat book 3, page 57 in the City of Kirkwood, St .Louis County, Missouri, was brought before the council.

Roll Call:

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

The bill, having received majority approval of the Council, was adopted and became Ordinance 10687.

Motion was made by Council Member Gibbons and seconded by Council Member Duwe to bring Resolution 107-2020 on the floor for reconsideration. The motion was unanimously approved. 

Motion was made by Council Member Duwe and seconded by Council Member Zimmer to amend Resolution 107-2020 by changing the verbiage on Section 1. The City of Kirkwood hereby requests a per capita distribution of the above referenced $47 million allocated by St. Louis County for eligible COVID-19 related expenses. 

Resolution 107-2020A, a resolution requesting that St. Louis County distribute $47 million of CARES Act funds on a per capita basis to the municipalities within the County to be used for eligible expenses, authorizing the Chief Administrative Officer of the City 

of Kirkwood, Missouri, to accept CARES Act funding and execute a Municipality Relief Program Funding Agreement, and Confirming Agreement to indemnify and hold harmless St. Louis County from such distribution was brought before the council. Motion was made by Council Member Ward and seconded by Council Member Gibbons to accept the amended Resolution as read.  

		Roll Call:

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

NEW BUSINESS
Resolution 108-2020, a resolution approving the Site Plan for Lot 2 of the proposed Kirkwood Mixed Use Subdivision located on the property known as 300 North Kirkwood Road subject to certain conditions, was brought before the council. Motion was made by Council Member Ward seconded by Council Member Gibbons to accept the Resolution as read.  

Motion was made by Council Member Ward and seconded by Council Member Duwe to amend the resolution by amending Section 1 by adding a new Subsection #21 that reads as follows, “The western access point on Washington Avenue shall be restricted to exit-only and shall be reduced in width accordingly.  A revised site plan incorporating such change shall be submitted to the Public Services Department prior issuance of permits”.  A discussion took place. The motion to amend was unanimously approved.

Motion was made by Council Member Duwe and seconded by Council Member Ward to amend the resolution by amending Section 1 by deleting Subsection #3 in its entirety and replacing with the following language that reads as follows, “A modification to the Buffer and Screening Requirements in Section A-510.9 is approved to accommodate the installation of a 8’ tall, black, vinyl-coated chain link fence in lieu of the minimum requirement of a 6’ tall sight-proof wall or fence“.  A discussion took place.   The motion to amend was unanimously approved. 

Roll Call:

Mayor Griffin				“Yes	
Council Member Duwe		“Yes”	
Council Member Zimmer		“Yes”
Council Member Ward		“Yes”

Council Member Wurtz		“Yes”
Council Member Gibbons		“Yes”
Council Member Sears		“Yes”

Resolution 109-2020, a resolution approving a one year extension to the approval of ordinance 10627 granting a Special Use Permit and Site Plan approval for motor vehicles sales at 10230 and 10240 Manchester Road, was brought before the council. Motion was made by Council Member Zimmer seconded by Council Member Gibbons to accept the Resolution as read.  
	
Roll Call:

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

Resolution 110-2020, a resolution amending the contract with Krupp Construction by increasing the contract amount by $10,000 for a not to exceed amount of $354,616.09 to finalize improvements with the East Monroe Avenue amending the 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 Duwe seconded by Council Member Gibbons to accept the Resolution as read.  
	
Roll Call:

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

	Resolution 111-2020, a resolution amending the contract with Krupp Construction by increasing the contract amount by $50,000(which includes a contingency of $4,602.37) for a not to exceed amount of $404,616.09 for the painting of the raised intersection at Taylor Avenue and East Monroe Avenue and authorizing and directing the Mayor to enter into an amended contract, was brought before the council. Motion was made by Council Member Wurtz and seconded by Council Member Duwe to accept the Resolution as read.

Motion was made by Council Member Sears and seconded by Council Member Duwe to amend the resolution by amending the 8th Whereas Clause by deleting “#301-1401-600.75.14, Project #PW2001” and replacing with, “#302-2001-600.75.03, Project #PR1911”. The motion to amend was unanimously approved.

Roll Call:

Mayor Griffin				“Yes	
Council Member Duwe		“Yes”	
Council Member Zimmer		“No”
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”
Council Member Gibbons		“No”
Council Member Sears		“Yes

	Resolution 112-2020, a resolution accepting the proposal of SSM Executive Health at the rates provided in the proposal (a copy of which is attached hereto and incorporated by reference herein) for Police and Fire Medical Services, on an as needed basis, for a term of 5 years, pending budgetary approval, and authorizing and directing the Mayor to enter into a contract, was brought before the council. Motion was made by Council Member Zimmer and seconded by Council Member Duwe.

Roll Call:

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

CONSENT AGENDA ITEMS FOR DISCUSSION
NONE

 CITY COUNCIL REPORTS
Council Member Ward encouraged everyone to fill out their census.  	 

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

CITY ATTORNEY REPORT
	Mr. Hessel had nothing to report

         CITY CLERK REPORT
Ms. Asche reported on upcoming public hearings:

1.	Upcoming Public Hearings: 	
October 15, 2020
•	A request for a Site Plan for a 12-unit four-story residential building on the combined properties of 134 and 138 West Madison Avenue
      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 10:24 p.m.  The next regular council meeting is scheduled for October 15, 2020 at 7:00 p.m. 

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk
Approved:  October 15, 2020