Special Council Meeting
Kirkwood City Council Meeting Minutes 
Via Zoom
Thursday, October 22, 2020, 6:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, October 22, 2020, at 6:00 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, City Clerk Laurie Asche, Planning and Development Services Director Jonathan Raiche, Public Information Officer Freddy Doss, and City Attorney John Hessel.  

ANNOUNCEMENT FROM MAYOR TIMOTHY GRIFFIN
	Mayor Griffin disclosed that his step-son is an employee of Altus Properties.  He is a financial analyst and is not involved in this project and his compensation is not in any way tied to this project. The Ethical Rules were reviewed and the City Attorney notified. The Mayor has been assured that his step-son’s position does not create a conflict of interest. Thus, he will fulfill his duties and participate in the public hearing and in any future deliberations and votes on this matter and ask that the City Clerk record this disclosure in the minutes.  

ANNOUNCEMENT 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.  

PUBLIC HEARING
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for Mixed-Use Development in the B-2 Zoning District known as The James (formerly Kirkwood Flats) at 426 N. Kirkwood Road. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the Legal Ledger on August 19, 2020, as Exhibit 1; an Affidavit of Publication in the St. Louis Countian on August 19, 2020, as Exhibit 2; an Affidavit of Publication in the Webster-Kirkwood Times on August 21, 2020, as Exhibit 3; an aerial view map showing the subject property and the properties that were notified of the hearing, as Exhibit 4; a list of property owners who were sent notice of the public hearing, as Exhibit 5; the report of the Planning and Zoning Commission dated July 15, 2020, as Exhibit 6; the report of the Planning & Zoning Commission Sub-Committee dated July 14, 2020, as Exhibit 7; and the Kirkwood Code of Ordinances as Exhibit 8; and the City has received 67 e-mail and 2 petitions 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:
•	Altus Properties has submitted an application for preliminary development plan review for a mixed-use development in the B-2 District
•	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? 
-15 criteria listed in Section A-220.7
•	Some of the revisions made from the original application include reducing the number of residential units, reducing the building height and reducing the number of parking stalls
•	It is proposed for one access point on Kirkwood Road and one access point on Washington Avenue
•	There are two levels of structured parking (217 spaces) with the remainder is surface parking (78 spaces)
•	The landscape plan would provide 7 trees along Kirkwood Road where 9 trees are required
•	Building elevations are kept under the 60 foot height restriction
•	Modifications requested by applicant include:
1)	Density (1,200 required, 734 provided)
2)	Street Occupation (Kirkwood) (75% required, 54% provided)
3)	Easter side yard landscaping (15 trees required, 0 trees provided)
4)	Frontage Trees (Kirkwood Rd) (9 trees required, 7 trees provided)
•	The updated Traffic Study Summary includes:
1)	Conducted with reduced unit count of 152
2)	Total AM peak hour trips generated are 80
3)	Total PM peak hour trips generated are 105
4)	Although there is an increase study concluded there would be “minimal impact on the operating conditions at the adjacent intersections and would not warrant any roadway improvements to accommodate the proposed development”
5)	Recommended right-in/right-out restriction on Kirkwood Road
6)	Acknowledged prohibited left-out onto Washington Avenue
•	P&Z Discussion Summary:
1)	Traffic concerns on Washington Avenue with potential affects on adjacent neighborhood.  Condition to prohibit left-out movement is proposed.  Applicant also proposes to construct traffic calming curb-extensions at Taylor/Washington
2)	Building height was discussed and additional exhibits requested from the applicant.  Building height was lowered and exhibits provided

3)	Applicant explained modification justifications.
4)	Applicant discussed challenges from topography and lack of site-control   of the adjacent service station
5)	Staff recommended that the cross-access in the northeast corner be for emergency access only
•	Subcommittee Conditions of Note:
1)	Modifications recommended for approval
2)	Public use easement required for the proposed plaza
3)	Pending further engineering study, a mid-block crossing for Kirkwood Road is required
4)	Curb extensions on Taylor/Washington required
5)	Access points limited
6)	Between 4 and 8 parking stalls shall be replaced with landscape islands containing understory trees along the eastern property line – May conflict with future restaurant parking
7)	Preliminary approval for a temporary bank location at 136 W. Washington during construction

Petitioner Josh Udelhofen, Altus Properties, Brian Rensing, CBB Transportation and Engineering, Travis Lavender and Peter Blumeyer, UMB, addressed the council. Some of the discussion that took place is as follows:
•	The developer has incorporated traffic improvements in the Development Plan that include; 1) right-in-right-out access to Kirkwood Road, 2) Three/quarter access to Washington (no left-turn out limits traffic to Taylor), 3) Bump-outs at Washington and Taylor, and 4) HAWK signal for pedestrians to cross Kirkwood Road. 
•	The traffic study completed in 2019 was updated in October 2020. The updates were due to revisions to the plans, which resulted in 45% fewer trips.  The traffic study found minimal impact on adjacent intersections and no improvements warranted by the proposed development. 
•	Question as raised regarding what the width and square footage of the proposed plaza would be?  It would be approximately 45-50 feet in depth. 
•	Question was raised if there would be shared parking with the Alpine Shop given the proximity of parking from the retail space?  There is no shared parking agreement, but the applicant has been in communication with the Alpine Shop. 
•	The street level retail space is proposed to have a 12 foot ceiling height which would fall within the recommended 12-14 foot ceiling height for commercial space.
•	Staff will report back with elevations of buildings east of the proposed project to compare with the elevations of this development.
•	There is potential that on-street parking would be lost near the intersection of Washington at Kirkwood Road.

•	Concern was raised about the lack of landscaping on the eastern side of the project. 
•	Question was raised regarding what the proposed unit sizes are?  Minimum would be 500 square feet and maximum would be 1,400 square feet.  The vast majority will be 1 bedroom or 1 bedroom/den.  
•	Partnerships with local businesses may be offered for residents to receive discounts or incentives to use services offered (fitness facilities, restaurants, spas/salons).
•	The traffic study comparison showed if the property were to be developed as office space, there could be up to 50% more traffic in the area.

Public Comments:
1.	Chuck Levy, no address given, questioned what the rent range will be.  The applicant answered Mr. Levy’s question and stated average rent will be between $1,200-$2,000 per month.
2.	Parker Pence, 3 Windsor Lane, in favor of the proposal.
3.	Andy Struckoff, 931 Curran Avenue, in favor of the proposal.
4.	Mark Venturella, 718 Craig Drive, in favor of the proposal.
5.	Dan Herren, 130 E. Bodley, opposed to the proposal.
6.	Richard Randall, 200 N. Taylor, in favor of the proposal.
7.	Marilyn Marcus, no address given, opposed to the proposal.
8.	John Hefele, no address given, opposed to the proposal.
9.	Angie McAlone, 445 N. Taylor Avenue, opposed to the proposal.
10.	Sara Jensen, 208 E. Bodley, opposed to the proposal.  Questioned what page of the Master Plan this type of development is on.  
11.	Timothy Ribant, 111 E. Washington, opposed to the proposal.  
12.	Laura Greco, 484 N. Taylor Avenue, opposed to the proposal.
13.	Doug Schnell, 457 N. Taylor Avenue, opposed to the proposal.  
14.	Jonathan Wirth, 447 Clemens Avenue, in favor of the proposal. 
15.	Eric Sutterer, 300 N. Taylor Avenue, opposed to the proposal.
16.	Matt Wever, 239 E. Adams Avenue, opposed to the proposal.
17.	Richard G. Davania, 451 N. Taylor Avenue, I have resided at this address since October 1968.  My concerns about the subject building project concern increased traffic on North Taylor.  Since Mayor Tim moved from North Taylor, multiple families with multiple children have moved to the 400 block of North Taylor so I am concerned for the safety of the children due to the estimated increased traffic flow.  Also, parking on North Taylor may be used for overflow parking for any new business thereby creating restricted lane usage on the two lane street.  Ground water runoff is a major recurring problem which may be increased by this construction thereby flooding two backyards.  The construction noise for many months will be disturbing, annoying, and loud with diesel equipment and trucks. Thank you for considering these concerns from a "long time" Kirkwood residence.

The resolution will be placed on the November 5, 2020 agenda for council consideration.

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:15 p.m.  

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk
Approved:  November 5, 2020