Kirkwood City Council Meeting Minutes 
Via Zoom
Thursday, January 7, 2021, 7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, January 7, 2021, 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, Deputy City Clerk Kim Sansegraw, Planning and Development Services Director Jonathan Raiche, Director of Public Services Bill Bensing, 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
	Mayor Griffin presented Roberta McWoods with the Kirkwood Human Rights Commission Denis Hart Award of Excellence. 

	Mayor Griffin presented Terri Krueger with a Certificate of Recognition.

PRESENTATIONS
NONE

PUBLIC HEARINGS
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for a Site Plan to construct a three-unit multi-family building at 144 West Adams Avenue.  Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on December 9, 2020, as Exhibit 1; an Affidavit of Publication in the Webster-Kirkwood Times on December 11, 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 

December 3, 2020, as Exhibit 5; a Planning and Zoning Commission Subcommittee report dated December 2, 2020, as Exhibit 6; and the Kirkwood Code of Ordinances, as Exhibit 7.

City Attorney John Hessel stated for the record that he was contacted in regards to helping organize the formation of Clay Adams, LLC. Mr. Hessel disclosed this information to Chief Administrative Officer Russ Hawes and Mayor Griffin.  Mr. Hessel also noted that his friend and colleague Hardy Menees contacted him inquiring about Mr. Hessel’s role as the organizer for Clay Adams, LLC. Mr. Hessel stated he has no ownership or development interest in Clay Adams, LLC.  Mr. Hessel stated that he is the City Attorney for the City of Kirkwood and that his legal duties and responsibilities are solely with the City of Kirkwood.  

Planning and Development Services Director Jonathan Raiche presented information pertaining to the request:

•	Clay Adams, LLC has submitted an application for a Site Plan Review (Multifamily) at 144 West Adams Avenue in the B-2 district
•	This is proposed as a three unit multifamily building with three, two-car garages with a driveway on Clay Avenue
•	There is a 9 foot setback on Clay Avenue and a 7 ½ foot setback from Adams Avenue
•	The building is proposed over the maximum 40’ height requirement
•	The revised Landscape Plan (1/6/2021) will have four canopy street trees on Adams Avenue and one understory tree on Clay Avenue, as well as various landscape plantings
•	There is a rooftop terrace area proposed
•	A Modification Request for Building Height has been submitted (required – 40’, provided – 54’6”)
•	P&Z Discussion Summary
1)	Proposed building height in comparison to adjacent buildings
2)	Possibility of scaling back the proposed roof-top elements for less prominence and visibility from the street and adjacent properties
3)	Benefits of proposed storm-water improvements
4)	Sidewalks should be as wide as possible while allowing adequate area for required trees
5)	Continued coordination with Kirkwood Electric important on the tight site
•	Recommended Conditions of Approval Highlights
1)	The Downtown Master Plan & Parking Study’s Framework Plan shall be revised to remove the requirement for a commercial component on the subject property, requiring a second Resolution to be drafted
2)	Based upon the justification submitted per Section 220.2, a modification to the maximum building height of 40 feet shall be granted to allow a 

maximum building height of 54’ 6” feet as indicated in the drawings submitted
3)	Public sidewalks along the frontage of the subject site shall be replaced at direction of the Public Services Department with enhanced lighting. All improvements in the Adams Avenue right-of-way are subject to approval by St. Louis County, and a request shall be made for a raised crosswalk on Clay Avenue and Adams Avenue (Staff would not recommend a condition for the petitioner to provide enhanced lighting at that intersection)
Mr. Raiche noted if approved by Council, two resolutions would be needed:
•	Resolution to amend the Framework Plan to allow a multi-family without commercial on the subject property	
•	Resolution to approve the actual project including the modifications for the height requirement and the public sidewalks

Petitioner John Odom addressed the council. Some of the discussion that took place is as follows:
•	Concern was expressed regarding the height of the building
•	Mention was made that this area was zoned for commercial use and this proposal is residential only
•	Question was raised on the engineering of the water retention system 
•	The height of the hydraulic lift elevator was discussed
•	Council asked for the heights of the adjacent buildings which Staff will provide
•	Inquiry was made about pedestrian safety on the sidewalk near the garage entrance
•	The intent of this site being zoned commercial was to preserve enough commercial base in the Downtown area 

Public Comments:
1.	Hardy Menees, owner of 121 West Adams, opposed to the proposal.

The Resolution will be placed on the January 21, 2021 agenda for council consideration.

PUBLIC COMMENTS
NONE

 CONSENT AGENDA
Motion was made by Council Member Ward and seconded by Council Member Gibbons to approve the Consent Agenda. The Consent Agenda was unanimously approved. 

a)	Approval of the December 17, 2020 Council Meeting Minutes
b)	Resolution 1-2021, accepting the bid of Color Art (pursuant to Sourcewell Cooperative Contract) for the purchase of Kirkwood Performing Arts Center Lobby Furniture and authorizing and directing the Director of Procurement to issue a Purchase Order (in the amount not to exceed of $36,641.61)
c)	Resolution 2-2021, transferring funds in the amount of $32,350 from multiple Machinery and Equipment accounts to a Building and Site 
Improvement Account, accepting the proposal of E. Meier Contracting for Kirkwood Farmers Market Asphalt Repairs and authorizing and directing the Mayor to enter into a contract (in the amount not to exceed of $32,337.15)
a)	
b)	            UNFINISHED BUSINESS
Bill 10859, an ordinance granting a Special Use Permit Amendment to Ordinance 9490 which allowed the expansion of a Legal Non-Conforming Use at 800 South Geyer Road for a restaurant and banquet uses with outdoor use subject to certain conditions 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 10696.

Bill 10860, an ordinance appropriating funds in the amount of $36,190 from the Equitable Sharing Fund Balance to the Equipment Account, approving a contract amendment with Murphy Company in the amount not to exceed $36,190 (which includes a contingency of $3,290) for Police Department Video System Upgrades and authorizing and directing the Mayor to enter into an amended contract 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 10697.
	
NEW BUSINESS
Bill 10861, an ordinance granting a Special Use Permit and Site Plan approval for a drive-through restaurant with outdoor seating at 300 South Kirkwood Road subject to certain conditions was brought before the council. Motion was made by Council Member Ward and seconded by Council Member Gibbons to accept the bill for first reading approval.  A discussion took place. 

The bill failed with a vote of 7-0.

Bill 10862, an ordinance amending the Kirkwood Code of Ordinances, Chapter 14, Section 14-403: “No Right Turn on Red” to add the intersection of North Taylor Avenue and Quan Avenue and the intersection of Quan Avenue and Woodlawn was brought before the council. Motion was made by Council Member Duwe and seconded by Council Member Ward to accept the bill for first reading approval.  A discussion took place. 

The bill received first reading approval and was held over.

CONSENT AGENDA ITEMS FOR DISCUSSION
NONE
	
 CITY COUNCIL REPORTS
	Council Member Zimmer stated that the City of Kirkwood and its elected officials do not stand for the recent violence that took place in Washington D.C.

        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 that there are no scheduled public hearings.  

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:40 p.m.  The next regular council meeting is scheduled for January 21, 2021 at 7:00 p.m. 

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk
Approved:  January 21, 2021