Council approves first reading for Napoli outdoor dining; debate over 3-foot fence requirement continues

The Kirkwood City Council approved first reading of an ordinance granting an amendment to the special-use permit for outdoor dining at 436 North Kirkwood Road (Cafe Napoli), while members discussed whether the permit should require a 36-inch fence along the restaurant’s outdoor seating.

A staff presentation noted the ordinance incorporates a recommendation from the Planning and Zoning Commission calling for a 36-inch fence along the dining area to create a clear demarcation between public easement and private seating. A city staff member said Napoli has a similar fence at another location and would be able to comply.

Council members expressed support for a modest fence as a protective measure to reduce instances of patrons leaving without paying and to prevent encroachment onto public easement space. One council member noted that Planning and Zoning had recommended the fence to avoid a potential “taking” of public land and said the Architectural Review Board would review fence design to ensure it meets aesthetics standards.

A council member read a recent text saying Napoli staff would prefer not to install a fence “unless we make them” because of cost; the council did not convert that text into a binding finding about actual costs. The ordinance was approved on first reading; council members noted that adjustments could be made at second reading if the applicant appears and raises concerns.

The item returns for a second reading at a future meeting, where the council may confirm, modify or remove the fence condition. No formal vote to require a fence as an amendment took place at first reading.