KIRKWOOD CITY COUNCIL KIRKWOOD CITY HALL. October 4, :00 p.m.

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1 KIRKWOOD CITY COUNCIL KIRKWOOD CITY HALL 7:00 p.m. Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday,, at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri. Present were Council Members Biedenstein, Jaksetic, Luetzow, Sears, Ward, Yuan and Mayor McDonnell. Also in attendance were Chief Administrative Officer Mike Brown, Assistant Chief Administrative Officer Georgia Ragland, City Clerk Betty Montano, Public Information Officer Beth Von Behren and City Attorney John Hessel. PRESENTATIONS Mayor McDonnell presented a Public Power Week Proclamation to Electric Director Mark Petty. INTRODUCTIONS AND RECOGNITIONS NONE PUBLIC HEARINGS Public Hearing #1 Mayor McDonnell recessed the meeting for the purpose of conducting a public hearing regarding a request for rezoning from R-5 to B-2 at 483 North Kirkwood Road. Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis Countian on September 19, 2012, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on September 14, 2012, as Exhibit 2; an aerial view map showing the subject property, as Exhibit 3; a list of property owners that were notified of the hearing, as Exhibit 4; the report of the Planning and Zoning Commission dated August 16, 2012, as Exhibit 5; the Planning and Zoning Commission Subcommittee Report dated August 15, 2012, as Exhibit 6; a letter dated October 2, 2012, from Tom and Patty Kelly, 122 West Bodley expressing opposition to the rezoning as Exhibit 7; the Kirkwood Code of Ordinances as Exhibit 8 and a binder containing nine different categories of information on behalf of the petitioner as Exhibit A and a memorandum from Carl Lumley containing information regarding the proposal as Exhibit B. 1

2 Petitioner Carl Lumley and petitioner s agent Peter Green presented information to the council regarding the request for rezoning. A power point presentation was presented. Some of the items presented were as follows: The center piece of the project is a planned 2-story office building, with over 4,000 square feet of office space The plan is to retain the existing structure and remove the garage There will be screened parking with 17 parking spaces In order to make parking work, two parcels need to be combined The plan is to design a traffic system with alternate routes with no curb cuts along Kirkwood Road Landscaping plan will reserve or replace existing trees A trash enclosure will be on 483 N. Kirkwood lot A traffic study was completed and presented A history of the properties being proposed for rezoning was given Proposal meets goal of Urban Design Plan Since 1976 the property has been on the verge of being rezoned commercial and has been left isolated as residential, which is considered reverse spot zoning In 2010 the property was proposed to be rezoned commercial but never went before the City Council due to a parking variance not being granted by the Board of Adjustment There are 59 different uses with 18 different Special Use categories for a B-2 zoning The following individuals spoke regarding the issue: 1. Susan Nieman, 142 W. Bodley, opposed to the rezoning of the property. Concerned about the property not being left multi-family and believes should be left as multifamily in order to provide a buffer from surrounding commercial. 2. Doreen Dodson, 143 W. Bodley, opposed to the rezoning of the property. West Bodley is a very residential street and concerned about creeping commercialization. 3. Chris Copeland, 118 W. Bodley, opposed to the rezoning of the property. The petitioners for the proposal petitioned in 2007 to develop the property as multi-family and he believes it should stay as such. 4. Tom Kelly, 122 W. Bodley, opposed to the rezoning of the property. Has a vested interest in maintaining status quo and does not want commercial creep to start. Does not believe the property is large enough for commercial development and is concerned about property values decreasing. 5. Richard Renard, 468 W. Clay, opposed to the rezoning of the property. Concerned about the encroachment of commercial property and asks council to maintain the character of the neighborhood. Public Hearing #2 Mayor McDonnell recessed the meeting for the purpose of conducting a public hearing regarding a request for rezoning from R-4 to B-2 at 114 West Bodley Avenue. Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis 2

3 Countian on September 19, 2012, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on September 14, 2012, as Exhibit 2; an aerial view map showing the subject property, as Exhibit 3; a list of property owners that were notified of the hearing, as Exhibit 4; the report of the Planning and Zoning Commission, where it was recommended denial of the rezoning with will require a super majority vote of the council, dated August 16, 2012, as Exhibit 5; the Planning and Zoning Commission Subcommittee Report dated August 15, 2012, as Exhibit 6; a letter dated October 2, 2012, from Tom and Patty Kelly, 122 West Bodley expressing opposition to the rezoning as Exhibit 7; the Kirkwood Code of Ordinances as Exhibit 8 and a binder containing nine different categories of information on behalf of the petitioner as Exhibit A and a memorandum from Carl Lumley containing information regarding the proposal as Exhibit B. Public comments during the public hearing regarding 483 N. Kirkwood Road will be taken into record and presented under public comments for this hearing. Petitioner Carl Lumley and petitioner s agent Peter Green presented information to the council regarding the request for rezoning. A power point presentation was presented. Some of the items presented were as follows: If property remains zoned residential then 479 N. Kirkwood Road and 483 N. Kirkwood Road will require a substantial setback Justification for rezoning is due to the surrounding area and the impact on 483 N. Kirkwood Road Rezoning of the property would have zero impact on traffic Will not be changing the character of the neighborhood Proposing to retain the existing structure The following individuals spoke regarding the issue: 1. Susan Nieman, 142 W. Bodley, opposed to the rezoning of the property. Concerned about the property not being left multi-family and believes should be left as multifamily in order to provide a buffer from surrounding commercial. 2. Doreen Dodson, 143 W. Bodley, opposed to the rezoning of the property. West Bodley is a very residential street and concerned about creeping commercialization. 3. Chris Copeland, 118 W. Bodley, opposed to the rezoning of the property. The petitioners for the proposal petitioned in 2007 to develop the property as multi-family and he believes it should stay as such. Questions if not a detrimental impact is what Kirkwood stands for? Concerned about a decrease in property values and believes a rezoning would be detrimental to the neighborhood and his family. 4. Tom Kelly, 122 W. Bodley, opposed to the rezoning of the property. Has a vested interest in maintaining status quo and does not want commercial creep to start. Does not believe the property is large enough for commercial development and is concerned about property values decreasing. The proposed rezoning is surrounded by residential property. 5. Richard Renard, 468 W. Clay, opposed to the rezoning of the property. Concerned about the encroachment of commercial property and asks council to maintain the character of the neighborhood. 3

4 Public Hearing #3 Mayor McDonnell recessed the meeting for the purpose of conducting a public hearing regarding a request for rezoning from R-5 to B-2 at 479 North Kirkwood Road. Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis Countian on September 19, 2012, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on September 14, 2012, as Exhibit 2; an aerial view map showing the subject property, as Exhibit 3; a list of property owners that were notified of the hearing, as Exhibit 4; the report of the Planning and Zoning Commission, dated September 6, 2012, as Exhibit 5; the Planning and Zoning Commission Subcommittee Report dated September 5, 2012, as Exhibit 6; a letter dated October 2, 2012, from Tom and Patty Kelly, 122 West Bodley expressing opposition to the rezoning as Exhibit 7; and the Kirkwood Code of Ordinances as Exhibit 8. Petitioner Hardy Menees presented information to the council regarding the proposal for rezoning. Some of the items presented were as follows: The house located on the property is 112 years old and used as a museum The application for rezoning of the property is a tag along with the proposed rezoning of 483 N. Kirkwood Road and 114 W. Bodley Avenue Rezoning of property would not be commercial creep Will withdraw the application for rezoning if there is strong opposition from residents The following individuals spoke regarding the issue: 1. Chris Copeland, 118 W. Bodley, opposed to the rezoning of the property. The building located on the lot is phenomenal and thriving and there is no reason zoning would have to change. 2. Tom Kelly, 122 W. Bodley, opposed to the rezoning of the property. The property in question is beautiful and is the only property along Kirkwood Road that fits the criteria for that property. *First reading for all three public hearing items were continued to the next council meeting on October 18, PUBLIC COMMENTS 1. John Postel, 627 Cleveland, congratulated the Kirkwood Electric Company for a job well done during the recent storm. CONSENT AGENDA Motion was made by Council Member Jaksetic and seconded by Council Member Sears to approve the Consent Agenda. The motion to approve the Consent Agenda was approved. a) Approval of the September 20, 2012, City Council Meeting Minutes b) Resolution , rescinding Resolution and adopting an updated Grievance Procedure in accordance with the Americans with Disabilities Act 4

5 c) Resolution , accepting the bid of G&K Services for uniform rental for the City and directing the Mayor to enter into a contract (based on unit price) d) Resolution , transferring funds between Water Department Operating Accounts to allow the department to proceed with preparing Requests for Proposals for a hydraulic model, facility study and rate study ($125,000) OLD BUSINESS NONE NEW BUSINESS Bill 10234, appropriating $175,000 from the Capital Fund Balance, accepting the bid of R.V. Wagner in the amount of $169,058 for dowel bar retrofit to hold concrete slabs together at areas on North Taylor Avenue and South Clay Avenue and authorizing and directing the Mayor to enter into a contract, was brought before the council. Motion was made by Council Member Biedenstein and seconded by Council Member Jaksetic 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 Luetzow reported that she will have the privilege to present a Proclamation congratulating Boy Scout Troop 981 on producing over 100 Eagle Scouts, on Saturday, October 6, Council Member Biedenstein reported that the Mayor and himself went to the Greentree Festival Committee picnic on October 3, The volunteers are a great example of Kirkwood community. Mr. Biedenstein personally thanked City staff and the volunteers for all of their hard work. CHIEF ADMINISTRATIVE OFFICER REPORTS Mr. Brown reported that the City received an Application for Temporary Outdoor Promotional Variance from Kirkwood Station Restaurant and Brewing Company, 105 East Jefferson, to participate in the Oktoberfest Celebration on Sunday, October 21, 2012 from noon to 5:00 p.m. with food, beer and live music on the parking lot. Motion was made by Council Member Jaksetic and seconded by Council Member Biedenstein to approve the request. The motion was unanimously approved. Mr. Brown reported that the City received an Application for Liquor License to sell intoxicating liquor in original package, plus Sunday, from Local Harvest Grocery, Old 5

6 Big Bend Road. Mayor McDonnell recused himself from the meeting and Deputy Mayor Yuan continued the meeting. Motion was made by Council Member Jaksetic and seconded by Council Member Luetzow to approve the request. A discussion took place. The motion was unanimously approved. Mayor McDonnell rejoined the meeting. Mr. Brown reported that the City received an Application for Liquor License to sell intoxicating liquor in original package, plus Sunday, from Kirkwood Deli and Grocery, 500 W. Essex. Motion was made by Council Member Ward and seconded by Council Member Sears to approve the request. A discussion took place. The motion was unanimously approved. Mr. Brown reported that the City received an Application for Liquor License to sell malt liquor and wine by the drink, including Sundays, from Hotpot Smoothie, Manchester Road. Motion was made by Council Member Sears and seconded by Council Member Biedenstein to approve the request. The motion was unanimously approved. CITY CLERK REPORT Mrs. Montaño advised she received a report on destruction of records from the Water Department. The report will be attached to the meeting minutes. Mrs. Montaño reported that a public hearing was set for the updated Zoning Code on November 1, CITY ATTORNEY REPORT Mr. Hessel had nothing to report. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned. The next regular council meeting is scheduled for October 18, 2012, at 7:00 p.m. Approved: October 18, 2012 Betty Montaño, MMC/MPCC City Clerk 6