Public Hearings Meeting
Kirkwood City Council Meeting Minutes 
Via Zoom
Thursday, November 5, 2020, 6:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, November 5, 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, Assistant Chief Administrative Officer Georgia Ragland, City Clerk Laurie Asche, City Planner II Amy Lowry, Public Information Officer Freddy Doss, and City Attorney John Hessel.  

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 #1

      Mayor Griffin recused himself from the meeting for Public Hearing #1.  Deputy Mayor Duwe presided over the meeting.  
	
Deputy Mayor Duwe recessed the meeting for the purpose of conducting a public hearing regarding a request for a Special Use Permit for a restaurant with outdoor seating and a Site Plan for a coffee shop at 132 West Monroe Avenue. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on October 14, 2020, as Exhibit 1; an Affidavit of Publication in the Webster-Kirkwood Times on October 16, 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 October 8, 2020, as Exhibit 5; the report of the Planning & Zoning Commission Sub-Committee dated October 7, 2020, as Exhibit 6; and the Kirkwood Code of Ordinances as Exhibit 7.

City Planner II Amy Lowry presented information pertaining to the request:

•	The building is a converted home from the 1920’s.
•	The applicant is proposing a new deck on the front of the building, a walk up window on the side of the building, a new trash enclosure on the rear, re-facing current sign, and a new landscaping strip in front of the new deck.
•	There is currently an ADA compliant ramp installed.
•	Recommended Conditions of Note from P&Z
1)	The building addition of a deck for outdoor seating generates the need for additional parking. The applicant will pursue a shared parking agreement once the new owner closes on the property. The applicant requests approval of 12 outdoor seats allowed as an accessory restaurant use with a contingency that additional seats may be approved by staff if a parking agreement is workable and approved by City Attorney.
2)	The use of outdoor area shall be restricted to 6 a.m. to 10 p.m. with the use of speakers for music restricted to 7 a.m. to 9 p.m.

Petitioner Brian Ivy addressed the council. Some of the discussion that took place is as follows:

•	The applicant would be dependent on nearby businesses for off street parking.
•	Inquiry was made regarding the items that will be available at the coffee shop.
•	On street parking is also available near the front of the building but does not count toward parking.
•	There will be low background type music being played from 7 a.m. to 9 p.m. as recommended by Planning and Zoning.
•	The upstairs will be used for overflow seating.

The bill will be placed on the November 19, 2020 agenda for first reading approval	.

PUBLIC HEARING #2
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for a request for a Special Use Permit for a motor vehicle accessory and related installation store at 538D Leffingwell Avenue. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on October 14, 2020, as Exhibit 1; an Affidavit of Publication in the Webster-Kirkwood Times on October 16, 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 October 8, 2020, as Exhibit 5; Memorandum from Amy Lowry, City Planner II dated October 7, 2020, as Exhibit 6; and 

the Kirkwood Code of Ordinances as Exhibit 7.

City Planner II Amy Lowry presented information pertaining to the request:

•	The building is 9,500 square feet and is zoned light industrial.
•	There are 24 parking spaces for the building.
•	The applicants business is window filming/vinyl application and there will be no overnight parking.
•	Recommended Conditions of Note from P&Z
1)	Based on the shared parking calculations for the entire site, a maximum of three customer vehicles is permitted to be parked outside on-site during the operating hours and there shall be no outdoor storage of vehicles overnight.
2)	As the parking calculations are based on the retail area of the suite, the project shall consist of a minimum installation area of approximately 700 square feet. Reduction of said installation area may require additional parking spaces to be provided on-site.
3)	All landscaping trees and shrubs that were required per the original approved landscape plan for the building shall be in place or replaced if missing before issuance of an occupancy permit for the motor vehicle accessory store.

Petitioner Andrew Wiskoski addressed the council. Some of the discussion that took place is as follows:

•	The tenant will not be held responsible for the landscaping.
•	Question was raised regarding the hours of operation of the business.
•	No chemicals will be used that would affect the environment.
•	The applicant mentioned his business would be by appointment only, complying with the recommendation of the three car maximum.

The bill will be placed on the November 19, 2020 agenda for first reading approval.

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned.

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk
Approved:  November 19, 2020