City of Kirkwood, MO
St. Louis County
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Cross Reference: Buildings, construction and housing, Ch. 5.
[1]
Editor's Note: Former Art. I, In General, derived from Ord. No. 5815, adopted 3-20-1975, as amended, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Ord. No. 5898, § 1, 12-4-1975]
It is the intention of the City Council to establish a Downtown Kirkwood Special Business District, encompassing the downtown area of the City, as a mechanism whereby local merchants and property owners can collectively enhance their environment and promote retail trade activities, as provided by Chapter 71, Sections 71.790 through 71.808, inclusive, RSMo.
[Ord. No. 5898, § 2, 12-4-1975[1]]
The following terms, whenever used or referred to in this article, shall, unless a different intent clearly appears from the context, be construed to have the following meanings:
ADVISORY COMMISSION
The Downtown Kirkwood Special Business District Advisory Commission.
CITY
The City of Kirkwood, Missouri.
CITY COUNCIL
The City Council of the City of Kirkwood, Missouri.
DISTRICT
The Downtown Kirkwood Special Business District.
GROCERY STORE
A retail store in which more than 75% of the gross receipts are attributable to the sale of uncooked food items.
SPECIAL BUSINESS DISTRICT
A body corporate and politic, and a political subdivision of the State of Missouri, whose main purpose is the improvement of the environment and the promotion of business in the area it encompasses, as authorized by Chapter 71, Sections 71.790 through 71.808, inclusive, RSMo.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Ord. No. 5898, § 3, 12-4-1975; Ord. No. 7392, § 1, 9-5-1985; Ord. No. 9862, § 1, 7-2-2009]
A special business district, to be known as the "Downtown Kirkwood Special Business District," is hereby established for the area of Kirkwood, Missouri, shown on the Special Business District Map which accompanies, and is declared to be a part of, this article.[1] The boundaries of the said proposed enlarged district being broadly described as follows: Northern Boundary — generally south of Bodley Avenue; Eastern Boundary — generally west of Taylor Avenue; Southern Boundary — generally the southern boundary of The Magic House; Western Boundary — generally east of Clay Avenue. This district area includes properties described by the following computer reference locator numbers, as shown in the records of the Director of Revenue for St. Louis County, Missouri.[2]
[1]
Editor's Note: Said map is on file in the City Clerk's office.
[2]
Editor's Note: The Computer Reference Locator Numbers listing is included as an attachment to this chapter.
[Ord. No. 5898, § 4, 12-4-1975; Ord. No. 7392, § 2, 9-5-1985; Ord. No. 9862, § 2, 7-2-2009]
For the purpose of paying for all costs and expenses incurred in the operation of the district, and/or the provision of services and improvements authorized in § 6-39:
(a) 
The businesses and individuals licensed by the City of Kirkwood to do business within the district shall be subject to an additional business license tax of 50% over any other business license taxes levied by the City, except for grocery stores which do over $500,000 of annual gross retail sales, thereby qualifying such grocery stores for only a 25% increase in business license tax; and
(b) 
The real property in the district, excluding those properties which are used exclusively for residential or museum purposes, shall be subject to an additional tax which shall not exceed $0.85 per $100 assessed valuation.
[Ord. No. 5898, § 5, 12-4-1975]
No real property within the district subject to partial tax abatement under the provisions of the Kirkwood Business Redevelopment Ordinance No. 5815, and/or the Urban Redevelopment Corporations Law of Missouri shall be exempt from the taxes levied in § 6-34.
[Ord. No. 5898, § 6, 12-4-1975]
For the purposes of paying all costs and expenses to be incurred in the acquisition, construction, improvement, and/or expansion of any of the facilities of the district, the district may incur indebtedness and issue general obligation and/or revenue bonds, or notes for the payment thereof, subject to the requirements for such instruments found in the Revised Missouri Statutes.
[Ord. No. 5898, § 7, 12-4-1975; Ord. No. 7143, § 1, 2-2-1984; Ord. No. 7392, § 3, 9-5-1985; Ord. No. 7771, §§ 1-2, 6-2-1988]
The City Council shall have sole discretion as to how the revenues of the district shall be used within the scope of this article. To assist in exercising this discretion, a Downtown Kirkwood Special Business District Advisory Commission is hereby created.
(a) 
Membership. The Advisory Commission shall consist of nine members, chosen from individuals who are deemed fit for such office and own property subject to the tax set forth herein, within the boundaries of the district, or own or are employed by a municipally licensed business located within the boundaries of the district. No member of the municipal government shall be a member of the Advisory Commission.
(b) 
Appointment; term of office. The members of the Advisory Commission shall be nominated by the Business District members at large and must be approved by the City Council. Advisory Commission members appointed by the City Council shall serve staggered three-year terms. Nominations are to be based on elections held by the Business District members at large wherein prior to the first day of May each year the Commission shall conduct a secret ballot poll of the members at large of the Special Business District for the purpose of nominating for the Council's consideration one member at large to fill each vacancy scheduled to occur on the Advisory Commission that year. If appointed by the City Council, each Advisory Commission member shall hold office for three years.
(c) 
Dismissals. The City Council may remove any member of the Advisory Commission for misconduct or neglect of duty.
(d) 
Vacancies. Vacancies on the Advisory Commission, occasioned by removal, resignation or otherwise, shall be reported by the Commission to the City Council. The Commission shall also, within 20 days of reporting such vacancy to the City Council, nominate a replacement to fill the vacancy. This replacement shall be nominated by a majority of the Commission. The replacement nominee must then receive approval from the City Council. Any Advisory Commission member filling a vacancy arising from removal, resignation or otherwise, shall serve as an interim member on the Advisory Commission until the next annual election by the members at large of the district. During the next annual election by the members at large, the members at large will nominate a member to serve and assume the remainder of the term of membership held by the original vacated member.
(e) 
Compensation. No member of the Advisory Commission shall receive compensation for his duties.
(f) 
Conflict of interest. No person shall be employed by the district who is related to a member of the Advisory Commission either by blood or marriage, and no business shall be conducted with firms which are owned in whole or part by a person related to a member of the Advisory Commission either by blood or marriage.[1]
[1]
Cross Reference: Boards and commissions, generally, § 2-498 et seq.
[Ord. No. 5898, § 8, 12-4-1975; Ord. No. 6060, § 1, 12-9-1976]
The Advisory Commission has the responsibility of performing the primary administrative functions of the district. These functions include, but are not limited to, the following:
(a) 
Officers and committees. The original members of the Advisory Commission shall meet within 30 days of their appointment and organize themselves by the election of one of their number as Chairman, another as Vice Chairman, and yet another as Secretary-Treasurer, and by the election of such other officers as they may deem necessary. Thereafter, new elections among the members of the Advisory Commission for all officer positions shall occur annually during the month of June. The Chairman, Vice Chairman, and Secretary-Treasurer of the Advisory Commission shall function as an executive committee, and the members of the Advisory Commission may create such other committees as they deem necessary.
(b) 
Bylaws. The Advisory Commission shall make and adopt such bylaws, rules and regulations for their own guidance and for the administration of the district as may be appropriate, but not inconsistent with the ordinances of the City of Kirkwood or the statutes of the State of Missouri.
(c) 
Development plan. The Advisory Commission shall be responsible for the development and maintenance of an overall plan of action for the district. This plan will be construed to be the major policy instrument of the district, and all expenditures and activities are to be reviewed in light of the plan. The Advisory Commission shall be required to hold at least one meeting a year to which all individuals owning property and/or operating a municipally licensed business within the boundaries of the district are actively encouraged to attend with the express purpose of reviewing and updating the plan.
(d) 
Budget. The Advisory Commission shall be required to create and maintain a line-item budget for any existing revenue and the anticipated revenue of the district for the year following the date of the last published budget. Said budget must be published annually and submitted to the City Council for approval by the first of March. Prior to the submittal of the budget to the City Council, the Advisory Commission shall be required to hold at least one meeting to which all individuals owning property and/or operating a municipally licensed business within the boundaries of the district are actively encouraged to attend with the express purpose of reviewing the proposed budget. The Advisory Commission may make recommendations for the modification or elaboration of the budget to the City Council at any time.
(e) 
Annual report. The Advisory Commission shall be required to submit an annual report of its activities to the City Council by the first of March of each year. This report should inventory the projects undertaken by the district in the preceding year and their status, minutes of all meetings held by the Advisory Commission and any of its committees, relevant correspondence, a copy of the latest plan adopted for the district, a financial report of the district, a statement by the executive committee on the status of the effectiveness of the district, and such other items as may be deemed relevant by the Advisory Commission. Upon receipt of the annual report, the City Council shall place same on file with the City Clerk and note that it is available for public inspection.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Ord. No. 5898, § 9, 12-4-1975]
The funds of the district may be used for any of the following improvements and activities with the approval of the City Council:
(a) 
To close existing streets or alleys or to open new streets and alleys or to widen or narrow existing streets and alleys in whole or in part;
(b) 
To construct or install pedestrian or shopping malls, plazas, sidewalks or moving sidewalks, parks, meeting and display facilities, convention centers, arenas, bus stop shelters, lighting, benches or other seating furniture, sculptures, telephone booths, traffic signs, fire hydrants, kiosks, trash receptacles, marquees, awnings, canopies, walls and barriers, paintings, murals, alleys, shelters, display cases, fountains, restrooms, information booths, aquariums, aviaries, tunnels and ramps, pedestrian and vehicular overpasses and underpasses, and each and every other useful or necessary or desired improvement;
(c) 
To landscape and plant trees, bushes and shrubbery, flowers and each and every other kind of decorative planting;
(d) 
To install and operate, or to lease, public music and news facilities;
(e) 
To purchase and operate buses, minibuses, mobile benches, and other modes of transportation;
(f) 
To construct and operate child-care facilities;
(g) 
To lease space within the district for sidewalk cafe tables and chairs;
(h) 
To construct lakes, dams, and waterways of whatever size;
(i) 
To provide special police or cleaning facilities and personnel for the protection and enjoyment of the property owners and the general public using the facilities of such business district;
(j) 
To maintain, as hereinafter provided, all City owned streets, alleys, malls, bridges, ramps, tunnels, lawns, trees and decorative plantings of each and every nature, and every structure or object of any nature whatsoever constructed or operated by the said municipality;
(k) 
To grant permits for newsstands, sidewalk cafes, and each and every other useful or necessary or desired private usage of public or private property;
(l) 
To prohibit or restrict vehicular traffic on such streets within the Business District as the City Council may deem necessary and to provide the means for access by emergency vehicles to or in such areas;
(m) 
To lease, acquire, construct, reconstruct, extend, maintain, or repair parking lots or parking garages, both above- and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement;
(n) 
To promote business activity in the district by, but not limited to, advertising, decoration of any public place in the area, promotion of public events which are to take place on or in public places, furnishing of music in any public place, and the general promotion of trade activities in the district.
[Ord. No. 5898, § 10, 12-4-1975]
The City Council shall not decrease the level of municipally funded services in the district existing prior to the creation of the district, or transfer the financial burden of providing the services to the district, unless the services at the same time are decreased throughout the City, nor shall the City Council discriminate in the provision of new municipally funded services between areas included in the district and areas not so included.
[Ord. No. 9708, § 1, 10-18-2007]
The use of the words and symbol identified below is hereby prohibited by any person except:
(a) 
The Special Business District as approved by its advisory board;
(b) 
Business enterprises located within the Special Business District area to identify the location of such business within the area.
(c) 
The following shall be the graphic images of the logo and typestyle: (These images can be used in spot or process color applications or black ink only. Reproduction in color is not available in the City of Kirkwood Code of Ordinances.)
006 Downtown Kirkwood Logo.tif
KIRKWOOD JUNCTION
Any other use of such words and symbol shall be deemed a violation of this Code subject to penalty as provided in § 1-8.
[Ord. No. 7141, §§ 1-2, 2-2-1984]