Minutes & Agendas

City Council Meeting Minutes

KIRKWOOD CITY HALL
June 5, 2008
7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, June 5, 2008 at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri. Present were Council Members Biedenstein, Godi, Griffin, Jaksetic, Yuan and Mayor McDonnell. Also in attendance were CAO Michael Brown and Acting City Attorney Curt Calloway.

PRESENTATIONS

Rachel Covington, Executive Director of the St. Joseph Hospital Foundation, Pam Gordon, Associate Director of the St. Joseph Hospital Foundation, Dean Sanders with Phillips Medical Systems, and Dana Garner, AED Program Specialist for the Red Cross presented the City of Kirkwood with an Automated External Defibrillator. The installation of the unit at Kirkwood City Hall will serve as the official launch of the Kirkwood Heart Safe Community Program.

Mayor McDonnell recognized Boy Scouts who were in attendance at the meeting.

PUBLIC HEARINGS

Public Hearing #1:

Mayor McDonnell recessed the meeting for the purpose of conducting a public hearing regarding the request to rezone 1113, 1119, 1120, 1123 and 1125 Earl Avenue and 10939 Manchester Road. The petitioner is CDF and CNF Investments (continued from May 15, 2008). No additional exhibits were entered by Mr. Calloway. Mr. Calloway reported that the City Council had authorized John Hessel of Lewis, Rice, Fingersh to obtain an expert to perform an independent and impartial evaluation of the existing site and the proposed development for the Council and the residents. John Hessel contacted Peckham Guyton Albert & Viets, Inc. A representative of PGAB was present during the public hearing held on May 15, 2008. Mr. Calloway recommended that they allow John Brancaglione to make a presentation to the city council.

John Brancaglione stated that he wanted to provide some background regarding the request for review so that the Council would have an understanding of how he came to his conclusions. For a number of years PGAV has performed various urban planning assignments for the city. On various occasions, he had been asked by Mayor Swoboda or Mike Brown for general advice on a variety of planning matters. In order to provide some background, he stated that he thought it would be appropriate to briefly outline how they were asked to review the rezoning request. As Mr. Calloway pointed out, it came as a formal request of City Attorney John Hessel although he first became aware of it during a meeting with Mayor Swoboda, Council Member Lynch, and Ken Yost in November, after it was originally put on the agenda, it was not the subject of the meeting, but was mentioned in passing that Mr. Hessel was going to make the request. Near of end of the year he was asked to conduct the review.

Following Mr. Hessel’s request, Mr. Brancaglione visited the site on four occasions – very late in December, January, February of 2008 shortly before the February 7 meeting, and again on June 5. He reviewed the city’s file on this project which contains various items such as minutes, material that was submitted, the petitioners report, and so on. His second in command, the vice president of their urban consulting operations, Mike Weber who is the Director of Urban Consulting, sat in on the previous meetings when he was out of town.

Current commercial uses along Manchester Road reflect a pattern of frontage and commercial zoning that continues into Des Peres to the west and into Warson Woods and other communities in the east. The current zoning represents a status quo that is not uncommon up and down the entire stretch of the roadway. Use of the subject parcel for the proposed office building represents in his opinion a significant intrusion into the residential neighborhood to the northwest and east for a total of eleven housing units that back to this development on three sides. In other words if there were a unified line where housing was not basically incasing this development on three sides then there might be some other considerations for a proposal of that nature, but it is not the case here.

The proposed office building would be three stories high including the lower level parking, and although the design of the structure attempts to take advantage of the typography to minimize the impact on the residential parcels, in his opinion it will never the less be an imposing structure interjecting itself into the neighborhood. He stated that he also thought it would be years before any landscaping would be truly effective as a screen and in this instance it is landscaping that is screening a fence or a wall. There will be some noise impact due to the operation of air conditioning equipment, service loading, trash operations, and vehicular movements that are not there today and would not be present to the same degree with certain other uses.

There is some discussion in the project report with respect to traffic issues that he felt needed to be discussed. The project only eliminates the curb cuts to Manchester that are associated with the Citgo gas station, now closed. The Earl Avenue cut is essentially replaced by the entry to the office building. The curb cuts to the Two Nice Guys Restaurant are shown to remain. The removal of the access points, in his opinion, are not significant as an impact to the improvement of traffic along the intersection because Citgo represents a situation where most of the vehicular movements to and from this site, in other words, were with the traffic flow. If one looks at how these facilities operate where you have a four lane major arterial roadway with a heavy traffic volume, and you don’t have a center turning lane and no signalized intersection or some combination of those things, the use tends to draw customers that are in the traffic flow in the lanes that flows to the use. In other words, it is getting traffic or customers from westbound Manchester. They are not benefitting from traffic in both directions. These kinds of uses are what he calls on the way to uses in that they are not destinations, per se, but they are a stop off point. These kinds of facilities from a retail standpoint do not produce the revenue that they do at a fully directional location meaning that the ability to turn in and out of a site like this isn’t impeded by traffic flow and other curb cuts. Typically today they are not sited in this kind of a location. People understand the safety issues with attempting to make a left turn into that kind of a use. In his opinion, while removing any curb cuts along the arterial roadway normally in a situation like this is a good idea in this instance he does not think it is dealing with the situation that would be the most problematic in terms of the proposal. There will be curb cuts that do not have the same characteristics of the Citgo station if the project was approved. The curb cuts for the restaurant will remain and the office use generates the most problematic turning movement at the a.m. and p.m. peaks and at the mid-day peak. It is also going to generate multi-directional movements throughout the day with patients, staff, doctors, arriving and departing in both locations. In his opinion it is about cross-traffic movements with the office building which will be much greater than that generated by the service station. Within the distance between the center line of North Harrison and North Kirkwood Road, about 775 feet, there are 26 curb cuts or intersecting streets on both sides of Manchester. There are a total of 17 curb cuts or intersecting streets on both sides of Manchester within 200 feet on either side of Earl Avenue. They believe that the traffic information submitted by the petitioner doesn’t address the potential seriousness of the turning movements associated with the proposed use. While the fact that the office building in terms of total number of trips does not generate as much, at least by ITT standards, and those calculations as you had there. It isn’t about trips but about turning movements. Mr. Brancaglione stated he did not think the proposal would make it any better than it was previously. He stated he was convinced it would make it worse. Also as part of the traffic movement discussion it is relevant to discuss the frequency of traffic accidents in the area. According to data that was in the project record provided by the Kirkwood Police Department, covering a one-year period from January 2007 to January 2008, there were 138 accidents between Geyer and Kirkwood Road. Of those 138, 26 occurred in the vicinity of the street of Earl or the 2 streets on either side of Earl. He noted that the police officer compiling the data made a point to note that these accidents were either rear end or angle accidents. He indicated “that means that all were either due to stopping movements in traffic congestion, or vehicles getting struck during the turning movement”. Mr. Brancaglione stated that they believed the traffic movements associated with the project are likely to make the situation worse. Based on statements of adjoining property owners and the comments of public works staff, there are existing storm water drainage problems in the area at the present. From what information he has available he could not tell whether this is a combination of inadequate maintenance of the system or systems that are simple inadequate that were put there before current regulations existed. This project will result in considerably more of the area being covered by impervious surfaces. They did not see any information that would suggest the storm water issues affecting some of the adjoining properties will necessarily improve as a result of the project although it might be the case. The same could be said for any other number of development alternatives to this property that would have less impact on the adjoining neighborhood and result in less impervious surfaces. The developer admits in his statements that a site of this size would never be able to completely fix the issues regarding the overall drainage concerns of the area. Mr. Brancaglione did not agree that residential use of the property could not be feasible and the only proof of that provided by the petitioner was an analysis based on the present R-4 zoning. The developer’s presentation states that the development would have to be single family, that the developer would have to meet the requirements of that particular zoning district but there are a number of other types of multi-family, or single family, a lower density scenario such as townhomes that could be transitional used to the adjoining neighborhood. Also, gas stations are assumed in the scenario as he read that part of the petitioner’s submission. It seems the gas station would have to stay but that he did not see why that was a given. Based on the current industry criteria for locating gas station facilities now closed he stated that he did not know why anyone would go back there. The BP station adjacent to the east is an exact copy of what they have seen with 3 other municipal clients and those facilities have all closed as well. In some cases stood closed for a very long time before they were reused.

The developer suggests that residential use is not economical/feasible and uses R-4 zoning as a basis. Mr. Brancaglione stated that the city’s zoning code, in Article 12, provides for a community unit plan kind of residential development which could be very applicable to the site. While job creation and retention is a lot of the goal they are not convinced that this is a place for an office facility as proposed or that the city should ignore traditional urban planning criteria that would suggest it is not an appropriate use. The fact that there are a number of variances required to implement this validates the argument that this use puts too much development onto the site. The petitioner indicated that the proposed office use would be restricted to be medical in nature, but as he suspected and confirmed in discussing it with Mr. Hessel, such a deed restriction is not a guarantee that the building could not be used for general office purposes in the future. Neither one of them is of the opinion that if zoned B-3 such a deed restriction could be enforced by the city in the future particularly if the property changes hands.

The potential negative impacts are the same no matter what kind of office they are discussing, that medical use would somehow make it better simply is not a valid reason or should give any additional points to the consideration. Office use of this magnitude they believe is wrong for the site. The city’s Comprehensive Plan adopted recently in February of 2007 recommends maintaining the current land use patterns along Manchester in this part of the city. They don’t see a compelling reason to change that pattern, in fact, it is a pattern and predominates as mentioned before and they are concerned that granting the rezoning would establish a precedent of similar requests elsewhere along the corridor, or worse, encourage developers and real estate speculators to begin property assemblance.

In summary, Mr. Brancaglione concurred with the Planning & Zoning Commission recommendation that the rezoning be denied.

Mayor McDonnell thanked Mr. Brancaglione for his report and asked the petitioners if they had anything new to present or if they had questions.

Richard Ward, Zimmer Real Estate Services, representing the applicant. Mr. Ward stated that with due respect to Mr. Brancaglione that he disagreed with a few points. The situation of the land use is unique which they had pointed out several times, property surrounded by single-family homes, yes, but they all back to the property. Why the property was carved out and subdivided the way it is, he stated that he did not know, but that it did create a special circumstance. He did not believe it set a precedent. Because Mr. Brancaglione refers to Manchester Road as commercial zoning throughout its length is not his point. His point is that it varies a lot in land use, it is not all 130 feet deep. This is uniquely problematic and challenging for sustainable land use – that narrow, that shallow, that small depth encourages very difficult sustainable commercial development and it not consistent throughout the length except in this very small area. In regards to the matter of the new shopping center proposed in Des Peres, there is a variation of depth throughout the length of that area from 150 feet to 600 feet, even 800 feet. He stated that they are talking about a situation where it naturally to the subdivision pattern steps back into, yes, away from that 150 feet but it does not confront or face those homes. The site is encapsulated by the backs of homes. It does not interfere with the functioning of those homes or the neighborhood. It is not retail, but it would be high quality employment, with people that provides services that the citizens need and want. High quality health care associated with surrounding hospitals. Office uses are benign uses, they do generate some traffic but most of the traffic in this case other than the employees, come in off peak hours. The use is a day time use. Mr. Ward pointed out that the reference that Mr. Brancaglione made to other residential alternatives was the first thing that his client proposed and turned down which was what lead to this alternative land use. Mr. Ward stated that the office use should be the preferable use and a desirable use due to the city economic base.

Mitch Burdick (licensed civil engineer) stated that he was confident in the drainage proposal made at the last public hearing.

Curtis Francois stated that he had spoken with the business owners in the area and that they had unanimously encouraged them to proceed with the project.

Citizen Comments on Public Hearing

1) John Mullen, 316 Charlene, asked Council to deny rezoning of Earl Avenue

2) Michael Moore, 311 Attucks, feels Kirkwood has enough economic development and that the city needs to focus on family values, family growth, community growth.

At this time the public hearing was closed with the Council requesting that City Attorney John Hessel and City Clerk Betty Montano prepare documents for the June 19, 2008 meeting.

Public Hearing #2:

Mayor McDonnell recessed the meeting for the purpose of conducting a public hearing regarding a request to vacate Earl Avenue. No additional exhibits were entered by Mr. Calloway. Mr. Calloway requested that all information that was provided during public hearing #1 hearing that had just concluded also be considered part of the public hearing record for public hearing #2 as they are related.

At this time the public hearing was closed with the Council requesting that documents be prepared for the June 19, 2008 meeting.

Public Hearing #3:

Mayor McDonnell recessed the meeting for the purpose of conducting a public hearting regarding a request for a special use permit for Enterprise Rent-a-Car facility at 11124 Manchester. The petitioner is Timothy Hof of Enterprise. Mr. Calloway entered the following exhibits into the record. An Affidavit of Publication in the St. Louis Countian on May 20, 2008 as Exhibit 1, an Affidavit of Publication in the Webster-Kirkwood Times on May 23, 2008 as Exhibit 2, a list of the property owners who were sent notice of the public hearing as Exhibit 3, the report of the Planning and Zoning Commission dated March 6, 2008 at Exhibit 4, the report of the Planning and Zoning Subcommittee dated March 5, 2008 as Exhibit 5, and the City of Kirkwood Code of Ordinance as Exhibit 6.

CAO Mike Brown stated that his records indicated that Timothy Hof of Enterprise Leasing applied for the special use permit.

Timothy Hof, Operations Manager for Enterprise Leasing, stated that they wanted to move from their current location at 11135 Manchester to 11124 Manchester and renovate the former service station for the rental of automobiles, vans and manual washing of same.

Council Member Biedenstein asked how they were handing a requirement by MO-DOT that no additional drainage go onto their right of way. Mr. Hof stated that the site was small enough to not require that. They are going to have 20 feet of green space from the end of their parking in the back to the south where the residence start and to the west they are going to have 10 feet of green space and in the front they will also have green space. Mayor McDonnell asked if Enterprise would be providing a concrete sidewalk in the front along Manchester. Mr. Hof stated that was correct. The footprint is staying the same. Regarding landscaping, they were required to hire an arborist and that they were following their recommendation.

Citizen Comments on Public Hearing

1) Laura Lasater, 1037 Simmons, spoke in favor of Enterprise Leasing occupying the location, but expressed concerns on losing green space and storm drainage.

2) Dr. Fred Bendick, 11114 Manchester, spoke on storm drainage/runoff concerns.

Public Works Director Todd Rehg stated that before they issue any building permits MSD has to approve it, or advise that no retention is required.

Council Member Biedenstein requested that additional language be put in the ordinance to retain 50% of the additional water that will be generated because of the paved area.

There being no objection from the council, this item was placed on the agenda as item 2 under New Business and became Bill 9894.

Public Hearing #4:

Mayor McDonnell recessed the meeting for the purpose of conducting a public hearing regarding a request for a special use permit for a restaurant in the Woodbine Center at 449 South Kirkwood Road (Bar Branica Restaurant). The petitioner is Saffet Kacar. Mr. Calloway entered the following exhibits into the record. An Affidavit of Publication in the St. Louis Countian on May 20, 2008 as Exhibit 1, an Affidavit of Publication in the Webster-Kirkwood Times on May 23, 2008 as Exhibit 2, a list of the property owners who were sent notice of the public hearing as Exhibit 3, the report of the Planning and Zoning Commission dated April 3, 2008 at Exhibit 4, the report of the Planning and Zoning Subcommittee dated April 2, 2008 as Exhibit 5, and the City of Kirkwood Code of Ordinance as Exhibit 6.

CAO Mike Brown stated that his records indicated that Saffet Kacar applied for the special use permit. Mr. Kacar stated that he took over the space in the Woodbine Center in early February and that he did not intend to change the layout.

There being no objection from the council, this item was placed on the agenda as item 3 under New Business and became Bill 9895.

Public Hearing #5:

Mayor McDonnell recessed the meeting for the purpose of conducting a public hearing regarding a request for a special use permit for a restaurant in the Woodbine Center at 451 South Kirkwood Road (Trattoria Branica). The petitioner is Saffet Kacar. Mr. Calloway entered the following exhibits into the record. An Affidavit of Publication in the St. Louis Countian on May 20, 2008 as Exhibit 1, an Affidavit of Publication in the Webster-Kirkwood Times on May 23, 2008 as Exhibit 2, a list of the property owners who were sent notice of the public hearing as Exhibit 3, the report of the Planning and Zoning Commission dated April 3, 2008 as Exhibit 4, the report of the Planning and Zoning Subcommittee dated April 2, 2008 as Exhibit 5, and the City of Kirkwood Code of Ordinance as Exhibit 6. Mr. Calloway requested that any information that had been presented at a prior public hearing be included as part of the record of this public hearing.

CAO Mike Brown stated that his records indicated that Saffet Kacar applied for the special use permit for a restaurant at 451 South Kirkwood Road (Trattoria Branica Restaurant). The petitioner is Saffet Kacar. Mayor McDonnell asked if there would be outdoor seating. Mr. Kacar stated that they would have outdoor seating.

There being no objection from the council, this item was placed on the agenda as item 4 under New Business and became Bill 9896.

Public Hearing #6:

Mayor McDonnell recessed the meeting for the purpose of conducting a public hearting regarding a request for a special use permit for a restaurant in the Woodbine Center at 481 South Kirkwood Road (Qdoba). The petitioner is Qdoba Mexican Grill Restaurant. Mr. Calloway entered the following exhibits into the record. An Affidavit of Publication in the St. Louis Countian on May 20, 2008 as Exhibit 1, an Affidavit of Publication in the Webster-Kirkwood Times on May 23, 2008 as Exhibit 2, a list of the property owners who were sent notice of the public hearing as Exhibit 3, the report of the Planning and Zoning Commission dated April 17, 2008 as Exhibit 4, the report of the Planning and Zoning Subcommittee dated April 16, 2008 as Exhibit 5, and the City of Kirkwood Code of Ordinance as Exhibit 6.

CAO Mike Brown stated that his records indicated that Qdoba Mexican Grill Restaurant was the petitioner and asked if a representative from the company was in the audience. Chuck Pollard with Qdoba Mexican Grill Restaurant spoke before the Council stating that the restaurant is a casual Mexican grill, they have been in business for 13 years, started out based in Denver, Colorado.

There being no objection from the council, this item was placed on the agenda as item 5 under New Business and became Bill 9897.

PUBLIC COMMENT

The following individuals spoke before the Council:

1) Michael Moore, 311 Attucks, spoke on Human Rights

2) Ken Gordon, 775 W. Rankin, Coalition for Unity, spoke on appointments to Human Rights Commission

3) Charles Howard 431 New York Street, spoke regarding his desire to be on the Human Rights Commission

4) Sue Herwick, Jamie McCoy, Sally Geller, Barb Rios, Angela Rains (residents of the 400 Block or Rose Hill), spoke regarding the operation of Apartment 2

CONSENT AGENDA

Motion was made by Council Member Godi and seconded by Council Member Griffin to approve the Consent Agenda. The motion to approve the Consent Agenda was unanimously approved as follows:

a) Approval of the May 15, 2008, City Council Meeting Minutes

b) Resolution 47-2008, appointing and reappointing members to various boards and commissions

c) Resolution 48-2008, affirming the renewal of the contract with Anthem for

employee health insurance ($1,754,004)

d) Resolution 49-2008, appointing Council Members to serve as liaisons to Boards

and Commissions

e) Resolution 50-2008, accepting the bid of State Mechanical in the amount of $8363.00 to install two Dectron dehumidification units in the Kirkwood Ice Rink

OLD BUSINESS

Bill 9890, appropriating funds from the Sanitation Fund (fund balance) for Sanitation portion of postage ($20,000).

Roll Call Vote as Follows:

Council Member Biedenstein “Yes”

Council Member Godi “Yes”

Council Member Griffin “Yes”

Council Member Jaksetic “Yes”

Mayor McDonnell “Yes”

Council Member Yuan “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance #9769.

Bill 9891, a request for a Special Use Permit for Outdoor Living at 899 South Holmes Avenue. Michael Morrow expressed the same concerns as at the previous meeting.

Roll Call Vote as Follows:

Council Member Biedenstein “Yes”

Council Member Godi “Yes”

Council Member Griffin “Yes”

Council Member Jaksetic “Yes”

Mayor McDonnell “No”

Council Member Yuan “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance #9770.

Bill 9892, a request to rezone 10557 Big Bend from B-3 to R-4.

Roll Call Vote as Follows:

Council Member Biedenstein “Yes”

Council Member Godi “Yes”

Council Member Griffin “Yes”

Council Member Jaksetic “Yes”

Mayor McDonnell “Yes”

Council Member Yuan “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance #9771.

NEW BUSINESS

Bill 9893, vacating a ten (10) foot wide utility and sewer easement on the common property line between lots 29 and 31 in Section “E” of Osage Hillls Subdivision was recorded in St. Louis County Plat Book 23, Pages 48 and 49, was brought before the council. Motion was made by Council Member Griffin and seconded by Council Member Yuan to accept the bill for first reading approval. The motion was unanimously approved.