City Council - Regular Meeting

I call this meeting to order. Would everyone please rise for the pledge of allegiance? I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Roll call, please. Mayor Gibbons, here. Council member Arnold, here. Council member Berquette, here. Council member Jedetic, here. Council member Lavender, here. Council member Mlan, here. Council member Schaefer here.

Thank you. This evening, we do not have any recognitions or presentations, but before we go any further, I do want to welcome our new council um and our new council members. It's pretty exciting. So, um, Deb Lavender, thank you for being here and we're so happy to have you. Justin Arnold, thank you. And Sheila Berquette, thank you all for being here.

Now, we will u move to public comments. The clerk will read a statement. The public comments portion of the meeting is an opportunity for the city council to listen to comments from citizens. It is not a question and answer session and the city council will not respond to comments or answer questions during this period. The mayor may refer any matter brought up to the city council to the interim chief administrative officer or city clerk if action is needed. Thank you. Zo, has anyone filled out a card to to comment tonight?

Yes, mayor and council. We do. The first comment is from Brian Zates. Good evening, Mayor Council. Uh for the past two years, I've served as the president of the International Society of Fire Service Instructors, which represents around 2,000 fire service instructors around the world. Uh mostly North America, but we do have instructors at the Kenyan Airport, Europe, and Asia. So, uh we truly are an international organization. So, I've been proud to represent them and lead them as the president for the past two years. uh annually we give an award out the presidential ISFSI award and so this year I uh elected to select city of Kirkwood because none of this would have been possible without the support of the city and what I do. So I got a plaque for you guys I can present to you guys and points for everybody. So

very thank you.

Very nice. Thanks, Brian. Well, congratulations and thank you for all you do for our citizens and our city. We appreciate it very much. All right. Um, we will now move to the consent for comments. I'm so sorry. That's okay. That's okay.

The next comment is from Colin Bichel. Hello, Mayor Gibbons and the members of the city council. Thank you for the opportunity to speak here tonight. Uh my name is Colin Bichel. I am a uh resident of Kirkwood and live with my wife at 2139 Brier Gate Lane. Um directly backing up to Greenar Hills Country Club and living right along the pronounced pickleball courts. Um I'm here today hoping to bring a fresh voice to this conversation on a saga that has gone on for the last two and a half years. Not here to point fingers, not here to block progress. I am going to however challenge the events that have unfolded from a position of logic, fairness, and basic respect for the residents of the city of Kirkwood. Uh my wife and I moved into our neighborhood in November of 2022. We were thrilled to invest in a home in Kirkwood in a community we admired, a location that sat adjacent to Greenar Hills Country Club. That setting was a major part of our appeal. Um we even spent time on the club's wait list for social membership and imagine ourselves joining one day. Um what has happened since that day since we moved in has actually been slightly frustrating. Um, from the beginning, neighbors on all of the nearby streets raised concerns. Placing a pickleball court directly near residential homes would create excessive and unreasonable noise. Um, residents organized, conducted research, reviewed legal precedents across the country, even engaged experts in this specific field, presented evidence to the Greenbryer Hills board showing why this location was vastly inappropriate. Um, that information was proceeded pro provided and um, the club had a chance to review it well before they proceeded with their engagements. Uh after extensive hearings, meetings, legal review, and public discussion, the city determined that pickle ball could be played at Greenbar Hills only if they passed an official sound study. That condition was not arbitrary. It was not included because of significant evidence. It was included because of significant evidence presented by the neighbors. It was a unanimous decision that I think included support from yourself, Mayor Gibbons. That condition was clear. Greenire Hills understood it and chose to move forward knowing that there was a real risk that

the courts would not be used for pickle ball if they violated that sound study. Over the past year and a half, both officially conducted sound studies failed. The studies confirmed exactly what the neighbors and the due diligence had worried about all along. That this in fact was way too close to homes, creates noise levels that are incompatible with residential living, and violate the city's noise ordinance. Rather than working toward a practical resolution, engaging in neighbors in good faith, or even coming for a common sense compromise, the club pursued a legal path to remove the very condition it failed to satisfy. That recent partial summary judgement may have allowed play to begin, but it does not change underlying facts. The noise still exists. The homes are still directly the courts are directly behind resident homes, some of which are within 60 ft. The sound study failed and the impact on the neighbors is still real. This feels like a situation where the rules apply to residents but not necessarily well-resourced institutions like Greenbryer Hills. Um Greenbryer was given clear conditions, failed to meet those conditions, and then found a legal workaround to play anyway. That may be legally effective, but again does not make it reasonable, neighborly, or consistent with the city's decision. Time up.

Got seven seconds. Few more seconds. Um got some stuff about me and my wife in here I can send along. But I basically want to say I want to be clear. I'm not against Green Hills Country Club. I'm not against pickle ball. I am against institutions not being held accountable for their decisions. That is that. Thank you very much for your time.

The next comment is from Julie Missy. Yeah. Good evening, Mayor Gibbons and city council members, and congratulations to the new members on your recent elections. My name is Julie Missy, and I live less than 60 ft from Greener Country Club's new pickle ball courts. I am here to speak on behalf of my neighbors about the recent court decision that overruled this council's action and allowed Greenbryer to begin playing on these courts despite the fact that pickleball noise violates the St. Louis County noise ordinance. I am aware that you may be tired of dealing with this issue, but you can't possibly be as tired as I am. The amount of stress this has caused me, my family, and neighbors cannot be measured, and we still need your help. Since pickle ball play has begun, the noise has been as bad as we anticipated. As you can see in my handout I provided, sound readings from my deck are 30 dB higher than the maximum allowed by county code. The code limits noise to 55 dB and pickle ball from Greenbire's courts reaches 85 or higher. That is 55% above the limit. Just imagine if you were driving down

Kirkwood Road going 55% over the speed limit. you'd be doing 55 miles per hour and you get arrested for reckless driving. This sound issue is no different. This is where we live and we no longer have peace inside our homes or control of how we use our outdoor spaces. Just as we wouldn't allow a dangerous driver to keep speeding and flouting the law, we cannot let Greenbryer get away with destroying the peace and quiet of our community. Scientific studies have measured and documented the fact that people who live close to pickle ball courts experience many negative health effects. I have mentioned my specific concerns for my son James who has Down syndrome and autism. The impulsive pop of pickle ball is recognized as a significant stressor for individuals with autism because it is a persistent assault on the senses. Parents have reported that constant exposure to these noises has led to increased behavioral issues in children with autism as well as self harm, distress, and severe anxiety. Let's turn to the recent court ruling that reversed this council's decision to protect your residents with an amendment requiring a passed sound study before pickle ball could be played on these courts. The basis of the ruling is unclear as there is no explanation of what laws and facts went into the decision. Every judge in this country has to justify their decisions in writing by analyzing the facts and applying the law to them in clear reasoned way. This judge did not do that using less than 300 words in his decision. Every single lawyer I have talked to about this finds this decision among the weakest rulings they have ever seen in their years of practice. This ruling has serious implications for the citizens of Kirkwood. It means that the city council cannot enforce its own municipal code.

Specifically, the section allowing the city to impose additional conditions, guarantees, and safeguards on permits. and the section that allows the city to enact ordinances to preserve peace and the health of residents. Thank you, Julie. Thank you very much. Um I I actually am going to use up the time of the next speaker as well if that's okay.

Harrison Brown. Okay. Is that okay? Harrison Brown. Yeah. Okay. Uh it's okay. the city, specifically the section allowing the city to impose additional conditions, guarantees, and safeguards on permits. If this stands, what other Kirkwood businesses will assume they are free to violate city code? In the ruling, the judge entirely discounted the science of acoustics and the actual law that is the St. Louis County Noise Ordinance. The judge based his incision his decision entirely on erroneous statements about sound studies that were made by Greenbryer's lawyer which is not evidence. Judgments especially at the summary judgment stage cannot be based on issues of disputed fact. The current ruling is not based on fact whatsoever which means it will not withstand challenge. Moreover, the fundamental issue is that the court usurped this council's role and second-guessed its decision-making as to what is best for city's residents. That cannot stand. In fact, the only evidence that nobody disputes is that the playing of pickle ball in this location violates the St. Louis County noise ordinance. The judge wrote that sound tests were capriccious because results can vary depending on temperature and humidity, which in reality have very little influence on pickle ball noise. The actual evidence is that the noise from the four pickle ball courts was measured according to the county standards on two different days with different temperatures and different variables. Both times the noise failed to comply with the county health department's noise ordinance. In 2022, the city council made a reasoned decision to

strike a balance, and now this judge has taken the power to protect your citizens from out of your hands. This sets a very dangerous precedent for further attempts to shield Kirkwood re residents from noise problems as it basically makes the St. Louis County noise ordinance uninforcable. Given the ruling's lack of detail, its reliance on demonstrably inaccurate facts, and its complete disregard for the county noise ordinance that has protected residents for decades, we believe there are strong grounds for a successful appeal. We are counting on you to defend both the Kirkwood City Council's authority to govern and our fundamental right to live in homes freed from unlawful and harmful conditions. Thank you very much for your time tonight.

The last comment is from Cecil Jones. Hello council. Hello everybody. Um to some you know me, some you guys I'm new. My name is Cecil Jones. I've lived at 330 also Brook for the last 23 years and my family home is at 308 air tucks in in Meum Park. We have come to a um um a place in time right now where our legacy is always important. Our legacy what we stand for and who we were and who we are today is all over America holding up that that that banner of who we are. I'm going get right to the point. We have a park named Memorial Park in Mitchum Park. We would like, my family and I, and there's others would like to amend the park name. I have seven generations of Joneses in inside Kirkwood. Most of us has finished high school right here in Kirkwood. And there is blocks on blocks of of Joneses all over Kirkwood. seven generations. What I'm asking is, is there and could there be an application to amend the park name to Jones Park, Jones Memorial Park? Because our generation in Mitchum Park will last for another seven, eight, nine, 10 generations because of my great grandchildren. So, I'm asking, is there an application that you guys could maybe form up or draw that I can apply for this application to amend the park to Jones's Memorial Park? So, that's my spill. Thank you very much.

Okay. There are no more comments. Very good. Thank you. Now, we will move to the consent agenda. Um, and before we uh we'll Okay. So, I need a motion and a second to approve the consent agenda, please. Second. Thank you. Um, before we vote on that or have discussion, I would like to remove item E. It will go to the back of the packet and we will talk about that at the end. So we are would be discussing A B C and D. Is there any discussion? All those in favor say I.

I. Nay. That agenda carries. Uh next we will move to uh unfinished sorry we'll move to new business resolution 32206. Mayor and Council, this is a resolution accepting single source proposal of Covenant Technology Partners LLC in the amount of 18 $198 per hour for a total not to exceed amount of $45,000 for Microsoft Exchange Cloud Migration for the MIS department and authorizing and directing the mayor to enter into a contract.

Thank you. Is there any Do I have a motion and a second on resolution 322026 as read? I move to accept resolution 322026 as read. Thank you. Second. Thank you. Discussion. Just a quick question. When will this be completed? Do you have any idea? Don't have the completion date. The target for beginning this here is in the next month. Okay. Thank you. Anyone else? Uh, let's see. Roll call, please. Mayor Gibbons, yes. Council member Arnold, yes.

Council member Berquette, yes. Council member Jedetic, yes. Council member Lavender, yes. Council member Mlan, yes. Council member Schaefer, yes. Resolution 332026. Mayor and Council, this is a resolution accepting the single source proposal of AT&T MO Mobility LLC in the amount of $19,800 for FirstNet services and associated devices for the fire department in authorizing and directing the mayor to enter into a contract. Thank you. Do I have a motion and a second to accept resolution 33 2026? Motion. Second.

Thank you. Is there any discussion? Yes, Paul. Since we have our fire department here tonight, could you come and explain a little bit about I I was already told what it was about, but maybe for everybody that's watching, if you know, so AT&T FirstNet is the uh nationwide first responder network uh allows preeemption So during disasters, we have priority with our devices over other um cellular service customers and AT&T customers. Um I personally have benefited from FirstNet uh responded to the Kirk County flooding and each day there was uh towers set up from them with their they call them cows but cellular on wheels. Um and each day I saw my phone be lifted essentially uh with that first net network. I experienced the same thing. We responded down to the tornado in St. Louis. They put up the towers. Obviously, the tower the cellular service was down. Um, and so it just basically pushes us up. Um, it's the only n it's the only nationwide network that is supported uh by the federal government with the legislation. So, it just is it's kind of one of those things. It is a single source. Uh, I know that uh it's always nice to get three or four bids u but uh it is competitive in nature in the pricing uh for us. So,

thank you Brian. Thank you very much. Yeah. Any discussion? Roll call, please. Mayor Gibbons, yes. Council member Arnold, yes. Council member Berquette, yes. Council member Jedetic, yes. Council member Lavender, yes. Council member Mlan, yes. Council member Schaefer, yes. The resolution passes. Resolution 342026.

Mayor and Council, this is a resolution accepting the single source proposal of Zol Medical Corporation in the amount of $49,691.40 40 cents for the purchase of three portable ventilators and a 4-year service plan for the fire department and authorizing and directing the mayor to enter into a contract. May I have a motion? Second. Thank you. Any comments or questions on 30 202 34 202 roll call, please. Mayor Gibbons, yes. Council member Arnold, yes. Council member Berquette, yes. Yes. Council member Jedetic. Yes. Council member Lavender. Yes. Council member Mlan. Yes. Council member Schaefer.

Yes. Thank you. The resolution has passed. Resolution 352026. Mayor and council. This is a resolution accepting the proposal of Sikitch LLP in the amount of $74,500 for financial auditing and reporting services for the city of Kirkwood for a term of 12 months in authorizing and directing the mayor to enter into a contract. Thank you. May I have a motion and a second, please? Motion. Second. Thank you. Discussion.

Yeah. Can um so typically we look at a five-year contract and recommendation is to change out audit firms. And maybe if Mary or or David could talk a little bit about this um resolution in the plan going forward um with possibly changing our audit firm since I think we've been with Sikage now for several years have a new auditor the last three but um we've been with this firm for several years.

Yes. So the plan is um excuse me um to go ahead and proceed with Sikitch for this year and then go ahead and send out a new request for proposal for next year. Um unfortunately there are very few firms that um want to take on um audits that require um government auditing standards um which is like your single audit because we have such um a limit on grants. So it's becoming more and more difficult um to find uh audit firms that specialize in that. So that's been our that was our struggle this year. Um, so hopefully next year, um, and also with our fiscal year end being in March, that's kind of right during tax season and they're coming right out of that. So I believe that a lot of firms um, with that timing, they are not wanting to respond at that point. So the goal is next year to get that request for proposal out a little bit more ahead of time and then hopefully more people will be able to respond.

And this is for our annual audit. Yes. So any other types of audits, you anything else would be contracted separately, but this is a specific annual audit that we're required to do. Correct. Um and and you'll be starting that this summer. Yes. Okay. Yes. So, historically, how much does this typically cost us? This came in moderately under the amount that's in the budget,

right? The amount that's in the budget also includes um extra for um um we're also looking at um subcontracting for like bank reconciliation services. So, that's also included in that total. the budgeted amount was not solely for the audit. Correct. And is this amount for the audit historically on target with what they've been?

Um, it's a it's about I think it was 15% higher than five years ago. Um but you know since they're doing it for over that fiveyear period but I do believe I think it was right after co um when I was looking back on the proposals I think Sikitch actually did come back and ask for um a revised schedule for payment at some point in there and I think it was right around or right during COVID. So we actually revised our their audit fee. So thank you Roll call, please. Mayor Gibbons, yes. Council member Arnold,

yes. Council member Briquette, yes. Council member Jedetic, yes. Council member Lavender, yes. Council member Mlan, yes. Council member Schaefer, yes. Resolution has passed. Resolution 362026. Mayor and Council, this is a resolution accepting the single source proposal of Breakthrough Beverages Missouri in the not to exceed amount of $30,000 for the purchase of alcohol for the Kirkwood Performing Arts Center in authorizing and directing the director of procurement to issue a purchase order. Thank you. May I have a motion and a second, please? Motion. Second.

Thank you. Any comments or questions? I see Kyle's here. Do you want to tell us anything, Kyle? Okay. Is is this just for KPAC? What about your parks and wreck plan? Is will that be this one is just for Kpack and the uh ice rink portion is to come and that'll be later this uh I guess this summer. Will it be the same group or is it'll probably be similar I would imagine. Yeah. But uh that budget is much lower than the KAC budget. Kyle, this is for breakthrough, but you're going to have to This isn't the only supplier to Cape, correct? Correct. Okay. Y and the 30,000 was the total budgeted for Cape, but

Well, uh the concession budget is a little bit higher, but uh this is this is what's budgeted in the alcohol budget. Yes. And if we get to the point where we're going to exceed that, that means that our revenue is also exceeding what we projected. So, we would come back and ask uh council for an increase potentially. Um, so that's where we're at. Roll call, please. Mayor Goodmans, yes. Council member Arnold, yes. Council member Berquette, yes. Council member J Council Member Jedetic, yes. Council member Lavender, yes. Council member Mlan, yes. Council member Schaefer, yes.

Resolution passes. Resolution 372026. Mayor and Council, this is a resolution accepting the proposal of Pepsi Beverage Company in the amount of not to exceed of $45,000 for the Kirkwood Aquatic Center and Ice Ring Concession Beverages and Equipment for an initial term of 12 months with the option to renew for up to an additional four 12-month terms pending budgetary approval and authorizing and directing the mayor to enter into a contract. May I have a motion and second, please? Thank you. Discussion, questions. Roll call, please. Mayor Gibbons, yes. Council member Arnold, yes. Council member Bquette, yes. Council member Jedetic,

yes. Council member Lavender, yes. Council member Mlan, yes. Council member Schaefer, yes. Resolution passes. Resolution 38206. Mayor and Council, this is a resolution accepting the bid of Bellman Chrysler Dodge Jeep Ram in the amount of 88,294 pursuant to the state of Missouri cooperative contract for the purchase of two 2026 Dodge Durango patrol vehicles for the police department and authorizing and directing the director of procurement to issue a purchase order. May I have a motion in a second, please? Second. Thank you. Any discussion or questions? Yes,

I will. And I apologize, David, for not asking this sooner. Would you give us just a brief description of the Missouri Cooperative Contract? Yes. Um, so the state of Missouri actually solicits um contracts on behalf of multiple political entities. Um, so they actually go out and contract since they have a higher volume uh to uh secure better pricing and just general terms that can be utilized. uh by other parties, you know, such as the city of Kirkwood um to be to essentially what they call piggyback on, which is to utilize their contract agreement for their pricing, for their larger volume to get a better cost.

So, this is an approved vendor and then we just have this one bid because we know through the cooperative agreement, this is as good of a price as we would get anywhere else in the market. Yes. Right. Thank you. Thank you, Mayor David. Sorry. Remember, is there anything else that has to be done to these cars once we receive them?

There is some minor upfit that we do to the vehicles. Um, but we've gone to more of a turnkey solution more recently with a lot of our upfits. We used to do a lot more um on the lighting and u uh some of the other services inhouse, but uh the pricing became a lot more advantageous in the more recent contracts for us. David, this is is this two of the three that are slated to be replaced this year in the capital? Um yes, this is two of those. Um there are some carryovers they're finalizing as well from last year's budget underneath the reappropriations. Any other questions? Roll call, please. Mayor Given, yes. Council member Arnold,

yes. Council member Berquette, yes. Council member Jedetic, yes. Yes. Council member Lavender. Yes. Council member Mlan. Yes. Council member Schaefer. Yes. Thank you. The resolution passes. Resolution 392026. Mayor and Council, this is a resolution authorizing payment to Union Pacific Railroad Company in the amount of $43,94125 to complete payment of bill number 90133143 for the Guyire Road Crossing Surface Installation Project. May I have a motion and second, please? So moved. Second.

Thank you. Any comments or discussion? Yes. Councilman, may I ask Mary a question? Mary. Mary, I have a question for you. Sorry. So I have asked I know that this payment will be recorded in the previous fiscal year calendar. Am I catching you off guard? Possibly. I apologize for that.

Um I'm trying to figure out why it would be recorded in the previous fiscal year. It was I may have should have asked somebody else and then yes was done in the previous fiscal year then we will do a journal entry to book it into last year. Okay. Well, just to clarify and then the revenue would also if there's grant money involved the revenue would also be booked into last year. What person?

Just to clarify, it says that the bill was issued February 9th, 2024 for the 76,000 and the city had paid 133,000 and left a balance of 43. So, it appears that there's been this balance pending since February 9th, 2024. Is that maybe Chris can kind of talk through what happened on this billing? It's the railroads. That's all you have to say.

Um, yeah. So, you are correct. That's when when the bill was issued. We've been trying to negotiate with Union Pacific um in uh certain terms of of the payment and um this is what we've we've negotiated to um to to pay this final amount. Was that the original was that the original anticipated or they added some uh they added cost to it

cost during that? The original amount that was approved by council back in 2022 was $337 I believe,000. Um, and so uh we were only I was only authorized to spend up to that amount. And so this 43,000 would uh meet that obligation. But that was the additional beyond what you had paid since that time period. Yes. And this is just resolving this is resolving the the additional work that they had to do to install the crossing. Then this is associated with the Gaia road phase 2 uh resurfacing project.

Is this grant related or is this going to just is this coming out of your capital for this year? There's no grant funds to offset this money. This is out of your capital and hasn't been reappropriated over the years or encumbered was it? So this is coming out of your but it will be utilized. Um I did have access funds in FY26 that we did not use. Um so there are there are funds that would kind of offset this um in the FY26 budget. You you said that you were authorized for 133,000 um a total of 33 33,000.

That was what you were authorized. What was the adding this 43, what was a total amount? Um, then it would be 370. Uh, okay. 370,000 adding the 43 to it. I'm sorry. Work's already been done. Correct. Union Pacific just did it even without your authorization. Yes. But we could say no and don't pay him. You could. I don't advise that. Union Pacific is a big company. options. We don't want them to stop letting Amtrak ride on their and come back to earlier question.

How could this be reallocated to last year's? It can't be. Last year's numbers are are closed, right, David? So FY26 is not um FY2. It couldn't be FY25. FY25 budget is closed and fully audited. 26 is still open. The 26 is still open. But will you hit it in 26 or we hit it in 27? I'm sorry. And will will Mary book it in 26 or will she book it this current? Book it in 26. Oh, you will book it in 26.

If the work was done in 26, then it needs to go back to 26. that work was in 24 un unless there would be some logistics where like if you were really negotiating back and forth with Union Pacific and it and the negotiation wasn't complete until 27. But it doesn't sound like it was negotiated. So it really needs to go back to 26 because that's when the work was complete. Well, J said it was 24. It was completed in Oh, but we Yeah, but we those are closed so we can't go back that far. So, it would just go back to the most recent open one that we have. Yes. So, any more questions? Roll call, please. Mayor Gibbons, yes. Council member Arnold,

yes. Council member Berquette, yes. Council member Jedetic, yes. Council member Lavender, yes. Council member Mlan, yes. Council member Schaefer, yes. Great. The resolution passes. Resolution 40 20226. Mayor and Council, this is a resolution appointing Darren Lamb as the chief administrative officer of the city of Kirkwood, Missouri in authorizing the mayor to enter into an employment agreement. Thank you. May I have a motion and a second? Motion second.

I just have to say that I think we are getting a really really great new city administrator. We our our uh communications director posted on Facebook that the announcement and hundreds of Washington folks posted on there about how lucky Kirkwood is. It was staff, it was citizens. So, uh I I can't wait till he gets here June 8th. and uh we will we will have some kind of big to-do for him so he can meet everybody. He'll meet the staff. We'll meet the citizens and and really welcome him. And I can't wait to for his administration to begin, additional comments, questions. Roll call, please.

Mayor Gibbons, yes. Council member Arnold, yes. Council member Berquette, yes. Council member Jetic, yes. Council member Lavender. Yes. Council member Mlan, yes. Council member Schaefer, yes. Yay.

Okay, we will go back to the uh consent agenda item E that we um pulled from the from the agenda. Mayor and Council, this is a resolution setting forth the names of council members in descending order of continuous tenure of the city of city council to the position of deputy mayor for the conduct of city business and management of the city's emergency response to man-made and natural disasters. Thank you. May I have a motion and a second, please? Motion. Second.

Thank you. Okay, so we need to change this. So, we need a motion to change. We need a motion to switch Gina and Paul's name. That's all we need. Switch switch order of Gina and Paul on here. We're May I have a motion? Why are we doing this? Uh the order. The order is incorrect. It's based on number of votes. Based on number of votes it is. Okay. Well, okay. I just want that's for the public to know why I have no objection with Thank you, Mark. public understand the order. You're right. Yeah. Explaining it. That was good. Yeah. Was my motion or did we get one? Uh there's been no motion to amend. All motion to amend.

Okay. Thank you. Second. Thank you. Any conversation? Okay. Roll call. All in favor. All in favor of the motion to amend say I. Oppose. Nay. The motion carries. Now we will vote on the a roll call on the um resolution. Roll call, please. Mayor Gibbons. Yes. Council member Arnold. Yes. Council member Berquette. Yes. Council member Jedetic. Yes. Council member Lavender. Yes. Council member Mlan. Yes. Council member Schaefer. Yes.

Very good. Thank you. Now we will move into um city council reports. I have a couple of things. I just want to um thank the Optimus and the American Legion. Last night they had a first responders barbecue. Really well attended. I know council member Schaefer is a member of the optimism optimist. So if you'd express our gratitude to them, uh Paul, that would be great. But it was it was really nice and I know that our first responders really appreciated it. Um the other thing that I want to mention is um many people know that we recently passed a new tree ordinance. Um there has been an individual telling citizens that the city council did this behind closed doors. That is we would never pass any kind of regulations or codes behind closed doors. Um our urban forestry commission met six times working on this. Those meetings are all open starting in September 25th of 2025. Um they had another meeting on November 14th of 2025. Another one on November 25th, 2025. Another one on January 27th, 2025. They made a presentation to the council in a work session on February 12th, 2025. And we gave them feedback and they went and tweaked that. those of us were here that were here and remember that. Uh then they came back again to a work session on March 5th, 2026. I think I might have said 25 minutes ago, it was February of 26. Um and again, that was at a work session. And then on uh what date was it that we had? February

February 12th, we had first reading and um then April 2nd, excuse me, March 19th, we had first reading at city council and second reading on April 2nd. So it went through the complete process open all all citizens can attend. Um, but for someone to be going to our citizens on a contract basis and telling them that this was done behind closed doors is just not correct. I wanted to make sure that people were aware of that. Okay, just to tag on to that. Um, again, all of those meetings were open agendas, minutes. Um I I don't know if this was a Kirkwood resident or somebody outside of the community, but I during that process I am the liaison to the urban forestry commission and during that process I had residents um talk to me about it. So um it's a little disheartening and again I don't know if this was a Kirkwood resident. I know um they expressed their um opinion to the urban forestry members quite extensively after the fact and um it's been kind of rough on that commission because they worked very very hard and again everything was typically how our boards and commission work. Um and I congratulate them on um sticking to it and again during the process I had Kirkwood residents um ask me about it. So, um I know it was not done behind closed doors. Um and um it's a shame and and hopefully that individual if he'd like to talk to me about it, I'm more than willing to to uh talk to him. But again, I congratulate uh board and commission members and our forester who um really worked hard on this and did an

excellent job. Thank you very much. It happens to be an arborist here in town. So, any other council reports? Council member Schaefer.

I I don't have a report. I just like to take a minute, if that's okay, of everybody's time. Uh, this is the mayor and council. This note is to explain to you and the citizens why I was not an active part of the council since Easter. On Easter Sunday, I went to St. Claire by Depair ambulance because all the Kirkwood ambulance were out doing other things. But thank you for mutual aid. U I was put in the ICU for 7 days and been recovering from an unexpected hospitalization since coming home. So, for all the prayers and all the cards and visits from everybody, I wanted to say thank you. I'm humbled. While I did use three of my nine lives, I plan on utilizing my other six wisely. Again, thank you to St. Clair Hospital, their staff were incredible, and thank you for Kirkwood to coming out and taking care of when I was in need. Thank you all for all your kindness. Thank you. That's it.

Okay. Any additional Okay. Um where do I go next to? It's an interim interim officer report. Mayor and council, I do have a couple of items for you today. Uh the first the city received an application for temporary outdoor variance from Chowi's picture mark 10400 uh Manchester Road to hold a one-day sale on their parking lot on Saturday, July 18th, 2026. This request includes a 10 by 10 uh tent. This request needs city council approval by a voice vote.

Okay, any comments or questions? Motion in a second. Oh, a motion and a second, please. On the motion. Second. Thank you. Any comments or questions? I don't Have they ever done anything like this before? Yeah, I don't. Okay. All in favor say I. I. I.

Oppose. Nay. It passes. The second item is the city received a liquor license application from onetop BP10901 Manchester Road to sell intoxicating liquor in the original package plus Sunday and malt liquor and wine by the original by the drink including Sundays. This request needs city council approval by a voice vote. Okay. May I have a motion in a second, please? Motion. Second.

Thank you. Discussion. Council member Schaefer. Yes. Is the applicant here this evening that could come and speak to business that you're wanting to start up there? Yeah, I'm planning to start this this one. Okay. Is it it were you in this uh space before? Are you living? Are you renting? Are you the owner? I am the renting. I'm running the business and I have experience almost 10 years running a gas station and a restaurant. Okay. Um Okay. So, you're a new applicant. You're not new applicant. So, the owner owns it and you're just leasing.

Yeah, I'm leasing from him. Okay. That's a little different than what I had anticipated. You've never been in this space before? Not. I'm running a business but not like by the liquor. Where are your other businesses that you It's in Manchester Road in Manchester City. And are the gambling machines gone from? No. They're not gone. Pardon me. No more gambling. Oh, they are gone. They are gone. Okay. Okay. My question. Are they Are they going to stay gone?

They have to. No more. Council member Bquette. Was there previously a liquor license with this location? Okay, that's okay. But it was a different renter at the time. And there have been some there were some issues there were no are there were some issues with the property itself if I recall that's correct was taken care of

that I can't answer because I didn't go by and look at it but there was trash and equipment that they just shoved around the back of the building there tree or telephone p a light pole for a long Yeah, that's good. I don't know. Is is there are there is there any trash laying around or

my name is Shri? Uh the trash and everything is cleaned out in the dumpster area and the everywhere. Even the forester came last week. Oh. And he we planted a new trees everywhere. He got it approved. Okay. M because we have five of the dead trees are there last year which was previous tenant is not taken care of that that's why we have got rid of that tenant and we cleaned it out and everything we are getting and got the clearance from the harbor department

very good thank you one of the things that we're very proud of is that that section of Manchester has really um changed for the better we have the new restaurant we have the yoga studio we So it's just all looking and so much better. So we appreciate that you'll clean up and hopefully keep it that way for Thanks. We'll keep it and we are all welcome. All of your members stop that. Okay. If you have any compliance, we'll make it clear itself. Oh, thank you. Thank you. Appreciate too. The light pole in the back that was down is gone too.

We put it back on the light and installed it. Good. Thank you for doing that. Thank you. And welcome to Kirkwood. Thank you. Okay. All in favor of um the allowing the liquor license say I oppose. Nay. The liquor license passes. Um city attorney report. Okay. City clerk report.

Yes, your honor. I would like to read the um April 7th, 2026 general municipal election results into the record here. So um Sheila Burrat got a vote a number of votes 3590, Al Reiner 2,190, Justin Arnold 3,712, and Deb Lavender 3,920 with a total cast votes of 13,412. Thank you very much. It's a good thing since they're already a fire. Seeing no further business, this meeting is now adjourned. The next meeting will be on Thursday, May 21st, 2026. Thank you.