City Council - Regular Meeting

I call this meeting to order. Would everyone please rise for the pledge of allegiance? I pledge algiance 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 Jedetic here. Council member Litzo, here. Council member Mlan, here. Council member Reker, here. Council member Schaefer here. Council member Zimmer here.

Thank you. Um, we move into presentations. We get to hear from the Human Rights Commission again this week. Last or this meeting, last meeting they gave out their annual award. So, tonight um, Chair David Hartung is going to give their annual report. Thanks, David.

Thank you all. Um, thanks for having me back on back-to-back meetings. Um, um, as as Mayor Gibbons just said, my name is David Hartung, and I'm the chair of the Kirkwood Human Rights Commission, and I'm here to uh, present the commission's uh, 2025 annual report. Um, the commission's role is to support fairness and inclusion in Kirkwood through education, community engagement, and practical oversight. We also help connect residents to appropriate resources when discrimination concerns arise and we share observations with city leadership when needs emerge. Public education and programming were a major focus in 2025. In February, the commission hosted a civil rights presentation by Ben Clark at the Kirk Performing Arts Center and nearly 300 residents attended. Our goal was to share historical perspectives, reminders of the challenges to protecting human rights and strengthening civic understanding. Youth engagement remained a cornerstone of our work. Our annual essay contest received 98 student submissions and commissioners selected finalists and winners for recognition. The essays consistently show how seriously students take questions of rights and responsibility. In late 2025, we approved updates for the 2026 essay contest, including a clear prohibition on artificial intelligence generated submissions. The commission maintained structured engagement with the police department through quarterly meetings with Chief Murphy. These meetings are not investigations, and we do not replace the department's internal processes. They're a forum for transparency, data review, and dialogue about training, staffing, community outreach, complaint trends, and technology updates, including body cameras, drones, and flock cameras. We appreciate the department's consistent willingness to meet and share information. We also strengthened engagement with the Kirkwood School District. In January and October, commissioners met with Dr. Jeremy Map to discuss school climate

efforts, affinity groups, enrollment trends, and food insecurity. We reviewed lunch debt data, discussed SNAP related challenges, and learned about interventions already in place. Those conversations helped clarify a 2026 priority, supporting awareness and practical solutions around student meal debt and food insecurity in participation with the district and community organizations. A steady community presence is one of our most effective tools. Throughout 2025, commissioners commissioners participated in events such as the green tree festival, the police department openhouse, the hot dog days of summer, the fire department pancake breakfast, the back to school event in Meech Park, and showing up at farmers market and hosting information tables there. For the green tree festival, we coordinated with partner groups and used a simple can you pass the citizenship test activity to invite conversation and civic curiosity. These interactions make the commission more accessible and help residents understand what we do. We also worked to communicate more consistently through an annual social media calendar, accessibility improvements, and a utility bill insert. The commission continued to honor service through the Dennis Hart Award. For 2025's award, we received two nominations and voted unanimously in December to select Emily Coutin Cooler as a 2025 recipient. And we had the pleasure of re recently recognizing Emily in front of this council. We look forward to continuing this tradition of celebrating local leadership. Internally, we focused on good governance and planning. We conducted officer elections in accordance with our bylaws and advanced planning for a due process focused educational event scheduled for this spring at the Kirk Performing Arts Center. The takeaway from 2025 is that local human rights work and community support is often quiet, steady work. It is education, transparency, and consistent presence. And before I close, I want to recognize the people who make this work possible.

Thank you.

The commission is a volunteer body and commissioners give substantial time to plan, attend, listen, and follow through. So I want to recognize Eugenia Webbell, Carolyn Becker, Nicole Goldamp, Michelle Cole, Sandra Green, Joanie Van Reese, Sheila Burkett, and Beth Haramman. We are grateful for the city staff support for community partners and who collaborate collaborate with us and for the council's steady support including our council leaison Mark McClean. Looking ahead to 2026 we are building on this foundation. We will continue quarterly meetings with the police department and ongoing engagement with the school district. We expect student meal debt and food insecurity to be a primary focus with an emphasis on awareness, dignity, and realistic ways the community can help. We're also planning our major speaker event and we are excited it will feature former sup Missouri Supreme Court Chief Justice and Kirkwood resident Michael Wolf for a community conversation grounded in due process and civic trust. And we will continue our core programs including the essay contest which is underway the Dennis Hart Award and outreach throughout the year. Madame Mayor and members of the council, thank you for the opportunity to present the 2025 annual report.

Thank you David. Thank you very much. want to thank your commissioners. Um we really appreciate all the work that your chairman and the commissioners do as well. Thank you. Okay. Um we're now moving into a public hearing. Um, at this time the council re will recess to conduct a public hearing regarding the city of Kirkwood budget for fiscal year 2026 27. Miss Graves, do you wish to enter any exhibits into the record?

Yes, I do. Mayor, I'd like to enter into the record exhibit one, which is an affidavit of publication showing that an ad was placed in the St. Louis County on February 4th, 2026. Exhibit two, which is an affidavit of publication showing that an ad was placed in the legal ledger on February 4th, 2026. Exhibit three, which is an affidavit of publication showing that the ad was placed in a Webster Kirkwood Times on February 6th, 2026. And exhibit 4, which is the Kirkwood Code of Ordinances. Thank you very much, Mr. Wedler. Who will present this issue to the city council?

That be the director of finance, Mary Sprung, will present the matter. Good evening. Good evening, Mayor.

Mayor, city council members, and residents of Kirkwood. Uh the fiscal year 2027 proposed budget presented tonight in the public hearing is available on the city's website. The budget process began last summer when um department heads um updated their five-year capital plans, budget priorities, and performance measures. The first draft of the operating budget was completed in September and was presented to the citizen finance committee and city council. This committee uh met weekly with various department directors from September through December in which they focused on and reviewed key strategic areas of the proposed budget. This draft over the next few months went through several reviews and edits before becoming the proposed budget presented tonight. In a work session on January 22nd, the committee presented their reports to city council. The fiscal year 2027 proposed budget includes anticipated income including reserves of 130 million. Um general and electric fund comprise 60% of that total. So there are two biggest funds. The general fund provides funding for all general city services which includes just to name a few streets, recreation, planning and development and public safety which of course includes police and fire services just to name a few. Um in addition, the proposed fiscal year 2027 budget includes total expenditures of 127 million. Of this total 24 million which is 19% is budgeted for capital outlay. Grant revenues of 9.3 million are budgeted to offset the cost of this capital.

And um we have federal and state grants for street improvements which typically cover about 80% of the project cost. Also included is an appropriation for 6.2 million for debt service payments. And finally, the proposed budget includes a request to reappropriate 1,363,235 for previously approved projects that will be incomplete as of March 31st, 2026. We have had several other um revisions since uh this draft was put in the public hearing. Um, so, uh, those will, um, so we've had those those revisions and we may even continue to have another revision possibly before it comes to vote. Um, there will be two more meetings um, that will come before council. We'll have the first reading, the first meeting in March, and then a second reading, the second meeting in March. Um, just to keep us updated on that. Um, I would like to thank everyone who helps make the budget process a success. David and all of our department directors and managers whose teamwork, support, and dedication significantly contribute to the success of this whole budget process. And also, thank you to the citizens finance committee members, Mayor Gibbons, and city council members for your contributions and support as well. So, that's all I have at this point. Very good. Um, yeah, thank you very much, Mary. Maybe stay up there. Um, does council have questions?

Yeah, you will.

Thanks, Mary. Again, just we did have some discussions downstairs. Um, this is your third draft. I mean, this is your second draft and you've done another draft budget. So um so it is a work in progress and a lot of your work and obviously David's really helping to look at decreasing the use of reserves for the first time in 22 months. You've been able to really give us a a good picture of where we are now as best as you can given all the variables of money coming in and coming out. So it has helped I think I mean again you've done this in a remarkable short period of time to give us again we've got a third draft in that you probably will do some revisions going forward and this includes both the work you've done in the operations side but also the capital side and that has been refined and retoled extensively. Um the the biggest changes are really looking at decreasing use of reserves as much as possible and looking at how these funds each have the potential to stand on their own without drawing down reserves um all the time. And um even though we will continue to draw down reserves, I have great confidence that you all have a plan going forward. You know where you are. Um it still is going to be a rough year. Um, but we have great ability to start really making what adjustments we need to. Electric continues to be our catchup moment. Um, and um, you know, this current year we're going to end up probably 15 million 15.5 in the hole. Um, next year we'll start digging ourselves out, but it's going to take us some time. And again, I don't want you all to be set up for failure and set expectations that

you can't meet. You all again just these last few weeks have done an extraordinary job and and I know David's work with department heads and it's not work that's just going to start today and it's going to continue throughout the next couple of years. So, um I do have just a couple of questions and David I don't know if you've had since we did have some time this week to meet as well the like the 1.6 six million um uh Cordella Winfield capacity contract. Is that in the expenditures of the electric department? I think it's 1.6 million. Is that captured in the expenditure part?

It is captured in the expenditures. And then there is you've given us some reappropriation numbers, but some of those are embedded in that department's expenditures. I know water has, you know, I I figured it was at least a million plus that was approved at the end of last year and aren't going to be. So that's embedded in their expenditures and not reappropriated. Correct. So there aren't reappropriations uh uh for anything pre-existing to now. Is that what you're asking for the water for?

Yeah, because I know on one of the sheets you've given some reappropriation tied to these different funds and water didn't have any, but we know they've got some ongoing work that's not going to be paid until next fiscal year. So, is that embedded in It's embedded in the figures. It's not going to be reappropriated. Is budgeted into those figures.

It's budgeted into Yes. And so part of that is getting us back on track knowing what's been reappropriated because that's some of probably what got us into trouble is there were things that were passed years ago and were going to have built-in delays, but that was somewhat lost track of. But now I I see more reappropriations coming through your current budget process, but there are still some that are embedded in their funds because they do that capital anyway out of their expenditures. So it's not going to be a typical we may not see that on the financial on the budget report. Correct.

Very good. Thank you, Council Litzo. Thank you, mayor. Um, thank you for everything you've done, Mary. I know it's a especially amid the ERP system. Um, so I'm just wondering will you be able to u post on the website um another update of the budget as it becomes available once figures kind of settle or even you know just put it out there and and note when it was you know what it dates from and you know that it's subject to change but just so that people know because I think Maybe what's up there right now is the original first draft.

Yeah. Yes, it is. And I think um David and I talked about it and I think we um said something about maybe next week that we would put another draft up there. Okay. I think we were just kind of waiting till we we had so many changes that we were trying to wait until we Yes. Instead of posting so many different versions, we were trying to wait till we had the majority. Um, and I think we're at that point now where we still may have some changes, but um, at least we have a lot of them made. So, we're in the final processes now. Thank you for that. Yeah. So, I had a question and I I warned you that I was going to ask about the Prop Pros. And the Prop P was is a

sales tax. I think it's a half cent sales tax that the voters approved in 2017 and went and we started seeing proceeds from that in 2018 for public safety. Um, and I see that we've got um 400,000 some going to the general fund for police and fire retirement fund. I think that's what the narrative says for both of them. and then um a little over 300,000 um to police capital. So I was just wondering um and those are all permitted uses of those funds. It's you know public safety is just sort of a general whatever the heck. I was just wondering it's it's

the county passes that to us on a per capita basis. Do you have any idea how much in revenues we get from St. county annually from for that I I believe it was and it may not be 20 n uh 2026 it may be 2025 number but it was around um 1,926,000 so this year may be slightly higher than that but that's about approximately what we get

so because those two numbers that I noted on the narrative of this of the budget ordinance I mean we're looking up about 750 $50,000. So the balance of that is kind of banked as a reserve fund for public there's um there was um the other uses uh there was a position I believe that was added okay um towards salaries um there's an itemized list of some of the different uses but um yeah um it can go towards police

dispatch or fire we just choose I think as we stated in that their meeting. We just choose to use it towards um police services.

Um but it can go towards training. It can go towards uniforms. Um and but the majority of it goes towards the um I I believe the way it was set up that there was a base in salary at that point in time and then it could be used for any increases. So if you added a position or any um if you had a big adjustment um for example if you went from you know uh 50% in your pay plan to 65% yes then that big adjustment you could use from out of Prop Ps. So those are the types of uses and then so we have some salaries that come out of it and then we also have you know for um vehicles and equipment.

Mhm. And then for the pension. Yeah. And Right. And that helps bridge the gap in the pension fund because I'm not sure that our what do we have a property tax or a sales tax for the pension? I don't remember. I that I think the proceeds from that are not sufficient to really shore up the pension fund as it should be. Correct. Yeah. So,

well, thank goodness that St. Louis County voters uh supported that because it definitely helps um support all of our police and fire and and other public safety workers. Um I think that's those were just like the main two questions I had about the the city budget. Thank you. Are there other questions? Seeing no further questions from the council, we'll now move into um public comments. So, has anyone filled out a card to speak regarding this proposal? Mayor and council, we have no public comments for this public hearing.

Any further comments or questions from council? No. Okay. Thanks again, Mary. Yeah, thank you, Mary. Hearing no further discussion, this public hearing is now closed. The bill will be on the March 5th, 2026 agenda for first reading consideration. Now we move into our second hearing, public hearing. Um, this is regarding the downtown special business district budget for fiscal year 2026 27. Um, Miss Graves, do you wish to enter anything into the record?

Yes, mayor. Exhibit one, which is the affidavit of publication showing that an ad was placed in the St. Louis County on February 4th, 2026. Exhibit two, which is an affidavit of publication showing that an ad was placed in the legal ledger on February 4th, 2026. Exhibit three, which is an affidavit of publication showing that an ad was placed in the Webster Kirkwood Times on February 6th, 2026. And exhibit four, which is the Kirkwood Code of Ordinances. Thank you, Mayor. Thank you, Mr. Wedler. Who will present this issue to the city council? Downtown Special Business District Executive Director Carrie Pasy will present this matter.

Welcome, Carrie. Thank you, David. And good evening, Mayor and Council members. As he said, I'm Carrie Pasy, the executive director of the Special Business District. And tonight, I'm going to present our budget for the 27 fiscal year. Um, this was approved by our advisory commission of the special business district on February 11th and it was presented to our full membership, which is all the businesses and property owners in downtown Kirkwood last night at a meeting where we had a record turnout of over 60 businesses and property owners at the meeting and it was a very successful evening. Um, I wanted to start by noting that this is a very fiscally conservative budget um, but by design. Uh this is my first year in this role and so I've spent a significant amount of time reviewing and scrutinizing every account in our uh budget. And so our total balance budget for the special business district and farmers market together is a combined $446,800. This consists of four main revenues. The property taxes, which is our biggest, then the farmers market revenues, which consists of rents from our um vendors. Then we have our business licenses. and then program revenues. In addition to this, we are actively working to increase earned income through sponsorships, ticketed programs and events and through new merchandise sales. This year, uh we are aiming to bring in more than what we is shown in this budget presented to you in these earned income categories. And after last night's meeting, um I'm already over our $5,000 budgeted for sponsorships. So, it's a good thing. Um and I have a lot of brochures on how to sponsor events if anybody's interested. And so that will help um with our events this year. On the expenditure side, this budget protects the fundamentals that keep downtown vibrant. It's operations, marketing, events, and then maintenance and beautifification. Uh direct operations primarily is the salaries of myself and Corey Andert, our market

master coordinator, event coordinator, and then also our very part-time, eight hours a week, John, who we couldn't live without. He's our benevolent assistant. Um, next we spend money on marketing communications, just getting the word out about downtown Kirkwood to other communities around Missouri and the nation, as well as getting out information about our events in both uh digital marketing and paper marketing and um kind of losing track of other radio things that are kind of a means of marketing in the past that are expensive. Um, we also do a lot of programming and events which we spend money on. Um, these is what we are most known for. all of our walks, our Halloween walk, our wine walk, our witches walk, our holiday walk, and then all the other concert series and other community events. So, this coming year, we are actually going to be putting on more events than previous years and not increasing our budget, actually decreasing our budget for special events um through these sponsorships, but also through partnerships. And so we are going to be adding more night markets where we closed down part of Argon Avenue and we last year we did our first one with 36 vendors which paid for the security so they're self- sustaining. So we'll be adding three more night markets. We will be adding beignes with the bunny which will be sponsored by one of our local businesses. So, the bunny will be back at the train station. Not for a full breakfast, but just for a light photo with the cute Easter bunny, and then you will get a free beignet by Beignet Alle, former market vendor who does peepshaped beignes. They're adorable. So, that'll be a new event. And then we're also going to do in partnership with businesses in in downtown a fall festival with music. Um, mostly in partnership with Forehands, who will be paying for the bands and the stage. So, we'll have some new events, which will be nice. And then fourth, we pay for um maintenance and beautifification. And this is basically in coordination with other city um offices such as parks and wreck, who we work with our horicultural team for all

the beautifification um and maintenance of our common areas, cutting grass, etc., which costs about $25,000. And then also our partnership with sanitation which is going to cost us about $29,700 in the coming year for trash removal from special business district trash cans and from the farmers market dumpsters. So those are large expenses expenses that have become larger over this last year. So that's we're trying to make up money in sponsorships and other revenues and our costs are going up in other areas. Besides this, we are also looking forward with the advisory commission to um making recommendations for the transportation development district monies that are going to be coming to us. We know we will be waiting on that. We want to wait for our new CAO and work, but we have already passed a proposal. So, it is ready for viewing and it's basically looking at some of the core things that we need in downtown. A little bit more wayfinding, new wayfinding signs, updating parking lots and the beautifification around parking lots. And then one thing that we really want to do once the temporary train station is open is use those TDD funds to make a more park-like atmosphere in the greenway to have a little bit more um we're going to add about 20 to 30 trees and um also some sidewalks for viewing the train. So just trying to make things a little bit brighter downtown um with funds that don't come out of my budget um which is really welcome. Um lastly, uh we will be presenting to the council our annual um report after our March 18th advisory commission meeting. It'll be a full report on what happened in this last year as well as all the minutes from all of our meetings. So that will be coming to you after our last meeting of this fiscal year. And um in summary, um you know, this budget is conservative. It protects our core services, but it also keeps spending aligned with the revenues that we know we have coming in. So, thank you for your partnership and your continued support of the downtown

special business district and our Kirkwood Farmers Market. Thank you, Carrie, very much. Um, are there any questions or comments from council? Yes.

Gary, I'm on I'm the liaison between this and you brought up at some of the meetings your difficulty with collecting business license fees. Can you go into that a little bit for everybody else? H so um I am a numbers person and when creating a budget I has to be pa based on facts and when I was looking at some of our revenues coming in I was seeing that we were having shortfalls in um property taxes and also in our business license revenues and I've kind of it's not my place to collect those revenues um but I was just looking into how maybe you know the SBD could assist in that how we can make sure that we are collecting those revenues Um, and so just kind of looking at what's been going on and switching over in the new ERP system has not been easy for the finance department and collecting these things. And so there are some new things going on. And so what I found is that a lot of our businesses um don't know about business licenses. They just simply don't know they have to purchase one. Even though when they go to get their permits for commercial for properties, they do are told they are given information on getting business licenses. They just simply aren't. And so um they just the numbers have gone down over the years and you will see that for this previous year as of January what was collected for the previous fiscal year um was probably around4 or $50,000 of the expected about $100,000. So you know it's about half and so I really want to kind of get those numbers going up. And so when I did our budget for this next year, um we probably should be expecting over $100,000, but I budgeted for lower 93 just to hopefully we'll get more in this next year, but I don't want to expect the full and same with the the property taxes. I'm not sure what's going on there. Thank you, Al.

I have a followup to that. So last year I mean I think the business license and where you capture that revenue in your budget is it for so like I think are the b they're due by March 31st technically. That's correct. So end of February so so and those really are for the next year

and last year it seemed like we had some understand that was for past year. So, I know there's a transition here and it's right there at your fiscal year. So, are you able to kind of if we can get those collected if they're due the 1 of February, you're going to maybe collect them during February, but that's really going to be revenue for next year's budget. So, are

But we should have seen the previous years and last year and we did not. So again, you're still trying to figure out one getting it collected, but then how to plan for what budget you're going to I mean, obviously you're not going to you don't have a lot of reserves to spend and then just replenish with the February March payment. So that's is that's still your challenge.

We do have enough reserves. I've looked into that. So we do have enough reserves to cover it and we actually are every year we really do not spend our full I mean we really stay about 10 to 15% under our proposed budget every year in expenditure. So we are good but I will say um I can look month by month at what has come in. they I I don't know how to explain for it, but this year so far since January and February, we have collected um up to today $15,000 this since January and February. And the hope is that those who are paying their license this year may have to back pay their previous license. So maybe our ex our revenues will be really high there. I'm just not sure. So maybe they will be we will be collecting two years for this one year. I'm not sure. So, even planning your budget and what you can expect coming in, you're you're still

trying to I'm being conservative. I don't want to overspend. David, who's responsible for business license fees? Um, our accounting department sends out the requests. Um, and then we go through other measures to go doortodoor if we need to on the collection of those. But we're getting 40% of the ones Carrie's saying. Is that all over the city? We're only getting 40%. You think that's a fair assumption, isn't it? Mary, last year and maybe even the year before it was lower even for the city. Lower than 40%.

Well, not necessarily. I don't know about the 40%. I just know that the collections were lower. Um, so one of the things and Carrie and I have we've had Yeah, we've had conversations about it. So um one of the things that um we're doing now is um our temp um person that we've hired um that comes in, she is um comparing our business license listing that we have in the new system now. and I have her comparing it to the businesses that we have on our sales tax list through MODOT. Now, that doesn't capture all businesses because that's only businesses that have um a sales tax number, but at least it's a start.

So, we're comparing that and then we'll go through and then try to say, okay, which businesses are we missing in that respect? and Carrie has offered I mean she's doing the downtown part and and helping us there are trying to get email addresses and that sort of thing to get in our system so where we can capture those so we're trying to coordinate and try to capture as many as possible so at least we're on the right trail to you know get the word out there so but but yeah we did notice I mean not just it's not just SBD we were down as well so and we went when we went live it was right there last year. Um we went live in January. Um so with the new system so you know we at the time we couldn't tell um it took us like three months to get all of the transactions in you know keyed into the system. So we didn't know if it was from us not getting the data in there, you know, this time last year or if it was just that revenue was down. Well, now that everything's in there, we can tell revenue is just down. So,

what's the likelihood you can um get those in a rears? Um I believe our um I I just heard we were just talking about this today. Um and Chris said uh I I believe she said according to our um code that we can go back three years. Okay, good. So, if somebody doesn't have a business license, we can charge them back three years. Okay. So, I now I haven't verified that, but that's what she and she's been doing this for years. So, Okay. Yeah. But that's how many years we can go back, right? Great. So that that may and again a lot of getting information available so you know where you stand and how you can move forward. So thank you two for working together on that.

And my other question um is the gift card. Seth did you because I know I love your gift card. So I know you're um I don't know where you are in that transition and do you see that? I mean, I would highly recommend it to anybody if they need something. Your your gift cards are great.

Oh, yeah. So, downtown Kirkwood, we sell gift cards that can only be redeemed at in downtown Kirkwood stores. Most of them accept them. There's a few stores that don't. Um, and we sell about $40,000 of gift cards every year. It's an old process with paper gift cards that have to be turned in and then turned back into my office. Then I turn them into Mary's office. There's multiple spreadsheets and stores are reimbured. and we are switching, we were looking into switching over to using Mastercard. Um, we are in that process. I have 30 businesses signed up and um, there were some glitches. Um, they started a QR code system and I have a I have a I do not like QR codes. So, I was trying to get them to go back to the way they sold the system to me because it switched between the time that I talked to them and now. So, we are hoping to roll it out in May. And that's labor intensive obviously for you and for

well it will be no work for me once we switch over to this new system and it's a great and it's a good update and all of our businesses want it because they do not want to be handing me paper gift cards especially if they lose them then they can't be in reimbursed. So going digital really is the way. It's just making sure that I have the right training materials from this company that we're using. Yeah. And that should happen before the teacher May gift card rush where we send spend we sell about at least $10,000 in gift cards just for uh teacher appreciation at the end of the school year. Wow. Yeah. Council member Schaefer.

Thank you. I'm going to go back to Mary for a second and ask the question if I could. Sorry. Up and down. So if if a construction person comes to Kirkwood, they're pulling a permit. They have to have a business license. Don't we collect that money at that time for their business license? Okay. So, that's how they used to capture when I was in business for 40 years in Kirkwood was you want to come pull a permit. Well, you had to have a business license and you had to have it registered and you had to pay the fee every year. And I paid it to John every year religiously. So, I'm just saying

they don't know for sure the answer to that. So, I don't want to misspeak. Okay. But I believe that's correct. If you come to pull a permit, in the city of Kirkwood, you have to have a business license in Kirkwood. So, that's and the first one every year they capture. If you have a business license or if you have a business in the city of Kirkwood, you do have to have a business license in order to be a contractor. You additionally have to have a contractor's business license. Correct. So they're two separate things. Correct. Contractor that works in Kirkwood that does not have a business in Kirkwood. So you would not be required to have a business license but still a contractor's business license. Okay.

Thanks for the clar. Council member Zar. Yes. Thank you. Just to confirm and we kind of went over this. The revenues for 24 were 91,000. 25 they dropped down to 76,000. The budget is 93 which you said was a conservative figure. So if you can go back and capture some of that miss 76,000 that pretty significant drop between 24 and 25. Yes, that would certainly help. Um any any thoughts on why this was such a drastic change?

I think it was the change over to the ERP. And what happened is that all the licenses has have to go through the new portal. You can only sign up with one email. The email that you've there's one email per business. And if you don't start that process, you are never notified that you owe for a business license. you have to actually go to the finance department and ask or to be to be put on there. Then the business license shows up in your account. It doesn't just show up. The business actually after they get any permit or anything, they actually have to go to the finance department and ask them for a business license. I can tell you uh on my board, quite a few of my members had not paid business license because they didn't know they needed to. It just wasn't they had no idea. They do now but they had no idea. So it's in this new system now also this year which was not like other years everybody was notified about these if only if you had applied for a business license in the new system which is only 24 and 25 they got an email to renew their business license. No one else was notified. So that is another reason why I think it dropped because they were notified via email because the system is great because it automatically emails you haven't paid or you haven't turned in your P&L. we need to know your gross receipts. So if you're not, you don't get those emails if you aren't already in the system.

So that I think is where we're working to try to get more people into the system. And I think that's why it dropped off. Yeah. And hopefully with the new ERP, we can analyze all of this and close these loopholes so that we have a a tighter control of this because it sounds like people are just kind of slipping through the cracks here and that's dropped revenues, you know, grand. So, we'll work on it. We'll work very hard on it. Any more questions from council? Yep. Oh, Council Member Vleta,

thanks. Yes. Um, so for the farmers market, the $125,000 um for FY27 that is that basically cover the rents you get for the farmers market.

Are you talking about the revenues? That is the rents. It's rents and also we pass on part of the electric bill to our largest vendor. So we passed on the largest bill electric bill to when they are the only vendor there Summit for their seasonal markets they on and at those times pay um the electric and the water they haven't they've been paying $22 a month for water for the past in perpetuity um because ours were build to the wrong account. So this year I've already talked to them that's going to increase about probably about $15,000 for for them. So, that also is a reason why the farmers market budget is not balanced this year because I just want to I wanted to take it easy on this and try to get this going. I've I've had the conversations and so that will be another source of revenue. So, I believe that our my projected revenues will be higher than that, but I didn't want to throw that in there as a new as a new revenue because it will be considered a revenue when they pay it's like rent when they pay the water electric. So the vendor is aware that

yes they're their rent going to be more rightsized. We have not increased any of the vendor rents this year because of that. And I I notified them actually back when I noticed this um last year during the market season. So I noticed it right away. Mhm. Well, yeah, because it it it looks like it's more or less very conservative and flat for a long time and costs over there, you know, sanitation, water, etc., electricity, um I don't know if did the city fund the restroom a few years ago? Maybe. I think they did in part, right, David?

I think we approved um having that built for you guys. I don't know, you know, about maintenance cost and all that kind of stuff, but I'm just wondering in general if if the fees are right sized and have a CPI and all of that. So, you really are capturing all of the expenses that you guys have or maybe fall on us. Um, I think you have a new roof coming for the farmers market or did I make that up? I don't know about a roof. Okay. I'm not aware of a roof. Maybe I made that up. There's potential projection in the city's budget because it is a city facility for the roof and not yours.

Yeah, the city the city actually owns the property. We just uh act as a landlord and Yeah. Yeah. facility services takes care of most of that. Well, and it it and I don't know how the the main vendor, you know, how the fees go for that. That seems like scope creep as far as physically into the green space, but

yes. So, we have actually increased their rent based upon the extension of the nursery or whatever you want to call it. And so, they do pay they pay um we charge on booths and we actually did booth prices for that green space that they they move on to. So, they do they are so that that was all renegotiated. They're on a 5-year lease for that. They're in their second they'll be in their third year this year. So that's for another three years and then they are on a yearby-year for the summer because that is based upon what we charge our other vendors. All those spaces are equally charged. So the space that they have is charged at the same rate as our weekly vendors, but they they pay daily instead of just Saturdays. Okay.

Yes. So yes. So um and they are they are looking to negotiate a long-term lease which I'm we will be talking about. Okay. Um, I think that was it. I I I was similar to the questions about the business licenses and I'm I'm not positive it's just with the ERP. I thought when Donna was around there were issues with getting the the the businesses.

I mean, if from the numbers it looked like I mean, I honestly think that the production should be higher if you look at the because it's based upon if you look at all the it's based upon gross sales and it's based upon a lot of things that I think should have increased more than they have been. So I think once we get this more under control um we actually subscribe to some software planning and zoning does that shows those numbers of what the gross sales of all those places are. So we'll we'll be able to tag those places know what their their revenues are which are similar to their gross receipts and be able to kind of calculate what we should be getting. So, um, you said that what the ordinance or whatever it can go back three years on. I was just wondering if late fees are assessed or

they are. Yes. Yes. I've already had my businesses complain to me about the late fees. So, they are assessed. How many total businesses do you have?

So, that is a very good question. Um, we actually have a boots on the ground committee. Um, I pulled together three different resources of all the business listings for downtown Kirkwood from reference solutions using the finance department and using tools that planning and zoning has. And we're going through and verifying each business and getting emails for each of them. So, we are not sure. I'm thinking it's around 350 400. We have a lot of solo businesses, salons, um, we have businesses that run out of the UPS store using PO boxes. I don't know if they have to pay licenses. That's another question. But we have a lot of businesses that are solo um counselors, massage therapists who share spaces, but they pay either a booth fee or they pay on their grocery receipts. So there are more businesses than you think, but um we have on my list right now we're coming down from about 500 and I bet it'll be about 350 400

because there are a lot of nonprofits, churches, and whatnot in the SBD2 that takes up a lot of our our land. So any more questions? Yeah. Okay. Okay. Thank you. Thank you, Carrie. Um Um So, we now move to public comments. Has anyone filled out a card to speak on this proposal? We have no comments for this public hearing. Okay. Thank you. Um hearing no further discussion. This public hearing is now closed. The bill on this will also be on the March 5th, 2026 agenda for first reading consideration. Now, we'll move into public comments. Our city clerk will read um how that's done.

Yes, your honor. Uh 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 of action as needed. Thank you. So, has anyone filled out a card to speak tonight? Yes, mayor and council. The first comment is from William Bay.

Is there a second card that we could go move to? I'll put the next comment to Alex Wiznowski. Thank you. Um, I last provided comments at one of these meetings back in November when I came to highlight some facts surrounding the surprise rate increases being implemented by the electric department. Those rate increases went into effect in November and were advertised as being of minimal impact to the average Kirkwood residential customer. Over the four months since the new rates went into effect, personally, I've paid almost $750 more for my electricity from Kirkwood Electric than I would have paid if I were an Amron, Missouri customer. So, I'm here tonight to restate some facts as they now stand. Kirkwood Electric, according to the report that was uh included in the package from UFS Financial Consultants from October, has only had one year out of the last five in which it operated at a profit, adding up to an estimated $10 million net operating loss over that time period. The electric department just incurred another $1 million in unexpected costs as a result of the past month's margin calls. Amron, Missouri offers the same reliability scores with additional services far beyond what Kirkwood Electric offers, including a mobile app, online bill display, multiple payment plans, and energy analytics for customers to determine where their power usage is coming from within their homes. All for cheaper prices than Kirkwood Electric. Our bills themselves are archaic. They offer no breakdown of line item charges that roll up to the totals, which means that customers have no ability to verify if their charges are even accurate. And

even more frustrating, the new rates that went into effect four months ago aren't even updated on the website of Kirkwood Electric.

The old rates are still listed there. that alone, if this was an investor-owned utility, would like posting one set of rates and billing a different set of rates would be exposure to huge regulatory penalties if not a class action lawsuit. So, I'm going to wrap up with a possibly controversial opinion. At this point in time, there's no logical reason for Kirkwood to keep running its own electric utility. 125 years of local control is something to be proud of, but continuing to maintain our own electric department is now to the actual detriment of the citizens and businesses of Kirkwood. We're worse off in terms of service levels, household financials, and municipal financials than we would be if the department were to be sold to a competent operator. To that end, the time to sell is now. The recently upgraded infrastructure is depreciating in value every year from here forward. That means the appraised value of the electric distribution grid assets will be lower each subsequent year that follows this one. So please, I consider you do the right thing for our city and get out of the utility business. If we're going to keep a focus on attainable housing as a community, we should at least let our citizens afford to keep their lights on. Thank you.

Thank you. The next comment is from William Bay.

Yes. Let us know who it is. You can move the comment to Marggo Kinsler.

Okay. Good evening and thank you for allowing us to speak tonight on behalf of the ongoing project at 345 Wayey Avenue which is going to be number five on the list tonight. Um my name is Margot Kinsler and I am a landscape designer with Timberline Landscapes. I'm here representing the homeowners Mr. William and Mary and Mrs. Marinell Bay. Um they're also present this evening. The project, which involves replacing a long-standing retaining wall, began its installation in fall 2025. Construction was halted at approximately 75% completion nearly four months ago after we were informed a permit might be required. As soon as we were notified, we immediately ceased construction, begin complying fully with the city's permitting process. Since that time, the homeowner has paid for a full property survey to be done, and we've worked through multiple rounds of engineering revisions and re submission to address all the requested items. We've approached this process in good faith and with full cooperation. Um, and regarding the condition of the wall, the survey did indicate an encroachment of approximately 2 to 3 feet, depending on where you're looking at the wall. However, it is essentially to it's essential to clarify that this is not a new condition. The current wall is a structural replacement of an existing deteriorating natural stack stone retaining wall that occupied the exact same foot footprint along the sidewalk. This existing condition is similar to dozens of homes on the same street. The original wall was irregular, deteriorating, and structurally failing, infiltrated with weeds and vines, and had previously been cited by the city of Kirkwood. It was lacking a drainage system or reinforcement, and it was a safety concern for pedestrians and visitors due to its instability and the steep grade change through the front walkway. Um the new engineered solution is that

the new wall is constructed using engineered retaining wall block specifically designed for longevity and structural integrity. It includes proper base preparation, compaction and necessary drainage system to manage water discharge. This project is not an expansion of use. It is an improvement of an existing unsafe condition to modern construction standards making it significantly safer. Furthermore, the integrated steps were added for the sole purpose of providing safe access from the sidewalk up the steep grade to the home's front walkway. These steps are a functional necessity, not a decorative addition, particularly for an elderly homeowner and their guests. We were recently informed that only one side of the retaining wall, specifically the portion supporting a large shade tree, may be permitted to remain while the other side on Way Avenue, may need to be removed completely, which is

We've got 9 seconds left. So, okay, I'm almost done. Um, there was not a clear explanation as to why these two sections built the same height with the same materials and following the same engineered standards and are being treated differently when both serves critical function and surface. Um, not to mention removing the structurally sound section would impose an unjust and substantial financial burden on an elderly homeowner and delay the resolution of the safety matter. Thank you very much. Appreciate you.

The next comment is from William Bay. Yeah, my name my name is William Bay and uh I've lived in Kirkwood since I was 12 years old. I'm now 80 and uh my wife has lived in Kirkwood her entire life. I I know better than to mention her age.

Um so this has been really a nightmare for us. Uh there's no other way to put it. Construction start. First of all, I have pictures and I'd like to pass. This is the before. And Kirkwood even cited how horrible it was. And I I think it it was the hottest day of the summer, but I I bought a weed trimmer, cut it back, and you'll see at the end. And it looked worse when they cut it back. We'll let you give that to the clerk over here, please.

Okay. And um so anyway, and then these are the the pictures of what it looks like now. So, one one of my uh complaints is the fact that this started November 6th. Construction was stopped, I think, 10 days before Thanksgiving. You know, I had I have two of my sons live in New York. They came in with all their families. Nobody could even use the front door. The engineering department of Kirkwood did not even respond to us till February 6th. So all that time my my front yard's a mud pile and uh we have we have stones piled all over. Can't do anything with it. And let me just say that this this was not an inexpensive improvement on our house. So, uh, uh, we'd like to see this resolved and I hope you can look at the pictures because it's a beautiful, uh, addition and there's going to be landscaping and plants. Uh, and as, uh, Margot pointed out. It's exactly where the property line and the wall stopped before, exactly where it stopped, perfectly in line. If you look down our street on Weey Avenue all the way to Clay, it's perfectly in line with every single wall going down to Clay Avenue. So, I don't know what else we could do, but thank you.

Thank you, Mr. Bay.

The last comment is from Jerry Beenstein. Hello, Council. Um, first of all, I want to commend you for last meeting uh holding your vote on the COP um legislation and for so you get more information, show I actually knew what in the world you were voting for. Um, interestingly, the $8 million project includes uh doesn't include rather relocating, dispatching, providing the necessary generator, moving expenses, professional services and at stuff like that. Um, most time when you use the word value engineering, you don't talk about deleting scope. you provide the same scope for a better value. So it was described as uh value engineering, but I really question that. Uh right now we're evaluating or you're evaluating and we all are I guess Kirkwood water whether we should keep it or whether we shouldn't. And I guess some of some homeowners think that we shouldn't have Kirkwood Electric either. I guess um I'm really not going to take a position on that and I'm not taking a position on the double D development either. But I do think that, you know, you already spent 12 million on a building and just looking at the plans that were presented after the fact, a sixth of the warehouse floor, a quarter of the mezzanine, a half of the warehouse office, and half of the uh

single or the second floor office tower are all dedicated to the water department. And so what are you going to do with that if you actually decide that you don't want a water department anymore? I mean, you're not you can't rent it to Glendale or somebody else and and you don't have dispatched in there. And so I just encourage you to take a breath, slow down just like private developers do. Just think if if that the commerce site didn't take a breath of fresh air, it wouldn't be grass now. It might it might actually look like the box cars next door at the James. Okay. And so, please evaluate this. Talk to Double D and see if if they in fact really need it by um the middle part of of 2027. And if if there can't be, do they need the whole site at once? Can you work something out so that you can decide with something that makes some kind of reasonability to citizens no matter what you decide on utilities? Thanks for your time.

Thank you. Last thing is the meeting, the work meeting downstairs. And I know this is gives us my next three minutes. No, I'm not going to take No. Okay. My I I just want to say that I went down to the work session before. I've got to tell you that that was one of the most refreshing meetings that I've ever expressed in this building or exposed in this building. Thank you, Mr. And I served on council. Thank you. Two terms. Okay. Thank you. It was great to have people answer questions in an open manner. Thank you. Thanks.

Okay, mayor and council. We have no further public comments. Okay. Very good. Thank you. We'll now move into the consent agenda. Is there a mo motion and a second to accept the to approve the consent agenda? Motion. Second. Okay. Are there any questions? All those in favor say I. I. Oppose. Nay. Consent agenda passes. We now move into unfinished business. Bill 11119.

Mayor and council. This is an ordinance appropriating $73,200 from the equitable sharing fund balance to the police department machinery and equipment account accepting the single source quote of TI training in the amount of $73,200 for the purchase of a TI training simulator for the police department and authorizing and directing the director procurement to issue a purchase order. Thank you. Um I'll make a comment about this. They actually mentioned this on channel 4 last night that we had this si Kirkwood would have this simulator and how important it was for our police force. So, um I thought that was a nice thing for them to do. Are there any other questions or comments? Roll call, please. Mayor Gibbons,

yes. Council member, sorry. Council member Jedetic, yes. Council member Litzo, yes. Council member Mlan, yes. Council member Rhiniker, yes. Council member Schaefer. Yes. Council member Zimmer. Yes. The bill carries. We will now move into new business. Resolution 8206.

Mayor and council. This is a resolution determining the intent of the city of Kirkwood, Missouri to reimburse itself for or to pay for certain capital expenditures with the proceeds of certificate of participation and approving a municipal advisor agreement with WM Financial Strategies and a proposal for special tax and disclosure council services with Gilmore and Bell PC in connection with the delivery of the city certificates of participation the city of Kirkwood, Missouri le series 2026. Thank you. Do I have a motion and a second to accept resolution 82026 is read? Motion. Second. Thank you. Um so David, would you put this into layman's terms?

Yeah.

For us. Um a little bit of clarification on this um resolution is the main purpose of this resolution is to refinance a previous issuance in of certificates of participation our 2024b series. Um and that uh we can actually reduce our current interest rates on for a potential savings uh estimated about $2.2 million over the term of those current certificates of participation. Uh it does also allow the opportunity for council to continue and explore potential financing options for the the um move of our public works facility, but it in no way obligates this city council to actually agree upon um you know the amount of that move or the value of these certificates of participation. And my understanding is that the reason that we have these certificates of participation with an with interest is because the property that we've purchased for the public works had a tenant in it. And because we were collecting u rent from that tenant, it put us in a different category where we had to have uh cops that had an interest.

That is correct. Because it was a uh a taxable entity. It was a taxable based bond or particip certificates of participation issuance. Thank you. Are there any other additional comments or questions?

Thank you, mayor. So David, though it seems like I mean it it hints at refinancing or refunding those taxable certificates of participation, but this is basically um giving staff the go-ahead on hiring um WM Financials or what's the yes WM Financial Strategy and then also um uh other uh consultant to help with the potential new issuance of new cops that would be tax exempt.

That is correct. It it allows for us to uh engage with both uh Gilmore and Bell and WM Financial Strategies uh to start formulating what different issuance options could be for city council. um which you know it is advisable that we move forward with at least the 2024b certificate refunding to save on that over the period of time but it also will allow city council to explore other options. Uh it does not obligate city council though into um you know what's listed in here is 9.55 million for renovation improvement furnish. Um it in no way, shape or form does it obligate city council. And I mean it's kind of a it's it's a time-sensitive matter that going forward with even refunding the 2024b that the the taxable um certificates it takes a few months to actually accomplish all of this. So

yeah and the the final version of what city council determines will come back up here onto this onto the day through a resolution for what the issuance actually will be.

Thank you. I I'll go ahead and say um again this just to reiterate what David is saying that this doesn't I mean it gives us time to have more discussion on a morazz or laughing well and whether or not we delay move forward but our current principle in interest debt is around 116 million and this will shave the 2.2 2 million off of that. So that will put us at a current debt service load until 2055 um of 114 million plus. Um so we are saving and it is important to to refinance at least the taxable portion. Um the next discussion we'll have in the next couple weeks is what about the amaraz act either delay or not or whatever. Um, but you did run those numbers. If we took on the full nine and a half million additional, we would we would be at 131 million plus in principal and interest debt um through 2055. Is that we talked a little bit about that in your heading? So, so it does besides I mean adding the nine and a half million you also add the interest in and you know that does obviously add up. So, moving forward on this is good because we'll save a couple million. Going further into debt will be a bigger conversation. Well, and and one more thing, um, in the 12 years that I've been up here, um, we have had several instances where our coops have been refinanced, um, when the market um, became more favorable. So, it is possible

and I'm hopeful and optimistic that over time, especially over the next 30 years, that there will be instances where some of that debt can be um, refinanced at a lower rate. Any more comments, questions? Roll call, please. Mayor Gibbons, yes. Council member Jetic, yes. Council member Litzo, yes. Council member Mlan, yes. Council member Ricker. Council member Schaefer, yes. Council member Zimmer, yes. Resolution has passed. Resolution 10 2026. 9. Sorry, 9 2026.

Oh, you're right. I'm sorry, Mayor. 10 10 20226 resolution 10 2026 is a resolution accepting the proposal of Landmark Aquatic at the rates provided in the memo a copy of which is attached here too and incorporated by reference herein for Kirkwood aquatic center maintenance and repair services on an as needed basis for an initial term of 12 months with the option to renew for up to four additional 12-month terms contingent upon budgetary approval in authorizing the director and director expecting the mayor to enter into a contract. Thank you. Um we'll have do I have a motion and a second to accept resolution 10 20226?

Motion. Second. Very good. Um I wanted to ask and maybe you can explain. There's another contract that we have with another firm. What is the difference between the two? How does that work? So, we um we have a current contract with Midwest Pools Management um that performs lifeguard duties, but also has their um service and maintenance side that performs the same work. So, what this actually allows us to do um even though we've competitively bid this out on a per project basis, we can actually send it to both of those contractors and have them bid against each other to ensure that we're still maintaining a good competitive feel in the arena. So,

okay. Thank you. We've done this in the past. It's been several years, but we have many uh it's how we initially started with our multi-year agreements is so that way we would have competition on every project. Okay. Thank you. Appreciate that. Any other just questions or

kind of along the same lines, it shocks me that we only get one bid back. There's got to be more than one of these companies. So, we're in contract with one of them, but there's typically three to four that do commercial at any given point in time uh on a very large scale for aquatic centers. So, we've had this issue in the past. Um our initial contracts, we ended up only having two that would compete against each other when we first went out for this service years ago. Other municipalities too only getting one back. A lot of them utilize antirust don't bid on each other's well territory

a lot of them will only get these couple of biders back um these are the two main pool companies in the St. this region for large scale. Do you ever reach out when you only get one back? Do you reach out to somebody else that we know and say, "Hey guys, you know, I know you're smaller in nature, but can you submit a bid to us?" So, in the past, we've done outreach to smaller pool companies that deal with, you know, even things down to subdivision based size pools. Um, but that being said, there there really are just two companies that do this on a large commercial scale that we've been able to identify here. It's it's unfortunate, but we're underneath contract with both of them, so we can still compete them.

Any other questions or comments? Roll call, please. Mayor Given, yes. Council member Dixettic, yes. Council member Litzo, yes. Council member Mlan, yes. Council member Reiner, yes. Council member Schaefer, yes. Council member Zimmer, yes.

The resolution has passed. Resolution 112026. Mayor and council, this is a resolution accepting the bid of Bellman Chrysler Dodge Jeep Ram in the amount of $45,187 pursuant to state of Missouri cooperative contract for the purchase of a 2026 Dodge Durango patrol vehicle for the police department and authorizing and directing the director of procurement to issue a purchase order. Thank you. Do I have a motion and a second to accept resolution 112026? Second. Very good. Comments or questions? Roll call, please. Mayor Gibbons,

yes. Council member Jedetic, yes. Council member Litzo, yes. Council member Mlan, yes. Council member Ricker, yes. Council member Schaefer, yes. Council member Zimmer, yes. Resolution is passed. Resolution 12,2026.

Mayor and Council, this is a resolution accepting the bid of Schulty Supply in the amount of not to exceed $51,62, which includes a 10% contingency in the amount of $4,642 for the purchase and installation of a 16-in easy valve at park at the park number one pump station for the water department and authorizing and directing the mayor to enter into a contract. Do I have a motion and a second to accept resolution 1226? So move. Second. Thank you. Are there questions or comments regarding the resolution?

Thank you, mayor. Wow. So, talk about a lemons to lemonade situation. I think here where we had um a valve at park uh park number one pump station um that wasn't was failed that wasn't working properly. There's a big project going on over there. Um the our water department put out a bid uh or asked the existing contractor to submit a bid for a a change order that came in at $179,000. So, our staff went out directly and sought bids just for the uh replacement part and managed to find this for $46,420. This is an amazing savings and I want to commend our water staff and our um Chris and his team. I mean, this is I love this story. This is so cool and I appreciate what they've done here. Very cool. Thank you. Thank you, Council Member Schaer.

So, the question I have here, I guess, would be Chris, is it did the three bids that you got the vendor from Schulty and Core and ICO, did they include install as well when they were doing this as Schulty has? Yes. Yeah, both of them. All three bids include install. Now, uh, in house, we're doing some, we're going to dig the hole and use some hoisting to lower it down. So, we're in house, we're doing some work. Um,

that's was going to be my next question because I know the boys all are happy to want to dig in and do some of this bigger stuff and something different than everyday fix and water services. So, okay. Um, okay. Okay, I'll just leave it there. We'll just stop. Okay. Thank you. Thanks. Roll call, please. Mayor Gibbons, yes. Council member Dexed, yes. Council member Litzo, yes. Council member Mlan, yes. Council member Ricker, yes. Council member Schaefer, yes. Council member Zimmer, yes.

Resolution passes. Resolution 132026. Mayor and Councel, this is a resolution granting the property owner of 345 Wayey Avenue, Kirkwood, Missouri, authorization uh for an encroachment of 2.5 ft into the public rideway along North Van Beern for the reconstruction of an existing stone tiered garden wall. Thank you. Do I have a motion and a second to accept resolution 13206? Second. Thank you. questions or comments? Yeah, go ahead. Well, you start.

Um, first first off on there's a typo on the section one. It should be 2.5 ft into the public right away. Just says 2.5. Um, I strike this as being I I I think they should have a rightway on both both strip side, both streets. It's kind of arbitrary. Oh, we have a tree here, so we want to save the tree, so we'll let you have the wall. But over here, we don't have a tree and we don't like projects, so we're not going to give you the right away. Um, this wall has been there forever. Um, I I like that. I just I think I think city this is a situation where I would have liked city hall to kind of been a little more common sense and looked at this situation and said, "Okay, there's a right away here, guys. We'll let you have it. If there's a problem, you may have to tear the wall down." Similar to what they have to do on the side with the tree. Um, and so I'm I'm I'm against this resolution, but I'm for resolution allowing the right away on both both streets. The way

are you making a motion? I'll let you make that motion if you want or I'll make the motion that we add because you don't want it as it stands. So, let's just make a mo motion that the rightway um is for both way and north of Van Bure. second that. Um, so isn't this a case of asking for forgiveness rather than permission that I mean it looks like a lot of that new we need to have um a vote on accepting the motion? Well, is you have discussion on the motion? Oh, the motion.

Okay. Um, a lot of the wall is already constructed. So, changing the easement into the rightway would mean moving the already constructed right. Correct. Not necessarily. My understanding.

Yeah. Can we get some clarity maybe a little bit on this? So the as my understanding is the wall is currently in the right of way and so as Mark Mlan is proposing um that if if that if council would grant the encroachment on both the northburn and way avenue rideways they would not have to move the wall. Got it. Got it. Yeah.

So you want to talk to us about the rightway definition of a rideway versus the easement? Yeah. So, um, a rideway is a strip of land that is not owned by a property owner. It is owned by, um, I'm sorry, it's it's it's it's um, it's all has the authority for utilities and the city to uh, maintain that right of way. So that there's really no property owner per se. Um but is the city's right of way for utilities, for right, for sidewalks, for streets,

and and an easement is private property that has uh jurisdiction for for utilities on top of it. So there's not a private there there is a private owner for you for an easement. And then on the rightway, what you what you're allowing approval of the restrictions like if you need they'd have to tear it up, you could do the same for the one along the way. Avenue. Yes. So if we grant them both the, you know, if we need it for some reason, then they're going to be responsible.

That's correct. Yeah. So, and in here staff is not recommending allowing it on Weey Avenue. And when you have a sidewalk, you know, you need areas on both sides of the sidewalk or strollers and all kinds of things. And a wall right at the sidewalk prohibits people walking next to each other and that kind of thing. So, um I do want to ask you, Chris, to No, you cannot speak. I'm sorry. Yeah. Um we'll we'll ask about um I wanted to ask you about um what the base brought up that it took until February for them to hear hear back. Could you look into that because that that's that is definitely unexpected.

Definitely look into that. Um I was unaware of that till this evening. So, I will definitely look into that. Okay. Thank you. It's not it's not an appropriate response. Okay. And I will go ahead and um what's it called? Suspend suspend the rules right now so that if the bays would like to come up and speak, we're Robert's rules of order. We're suspending the rules and you can come up and speak. We need a motion, a second to do that. All in favor say I. Okay. I really would like you to see the pictures of before and after

because we're talking about something you can't see the picture. Well, they're in the they're in the packet. They're in the packets. It's the same ones. Well, no. These are ones I took. Uh these Anyway, here I'll just give them to you. Pass them around. Yeah, I will real quick. Yeah. And I forgot to mention, totally irrelevant, but you know, my father also ran a business here for I don't know how many years, the music center on Jefferson Avenue. And um as I say, it it's just a disappointment to us to have to go through the delay in and all of this, but thank you for your consideration.

Thank you. Okay, comments, questions? I think my comment We're on the Yes, you're we've we've suspended the rules for your group to come up. First time. Um I would like to say that the retaining wall portion along Way Avenue is actually super important because there is a stairwell that goes up the grade and that the retaining wall is what holds up the stairwell for them to get up onto their front walkway to get to their front door. So, it's it's important. Thank you. Okay.

Front door face way or Van Beern faces way. Okay. All right. I saw the picture of the wall that's built. Couldn't tell what corner it was. I mean, I knew the corner here. So, does this narrow the width of the sidewalk at all? Doesn't look like it did. was before, right? Um,

can I just say something real quick? Sure. That it may not narrow the sidewalk today. However, if we would have a future project that we would want to put a 5-ft sidewalk, that would hinder our ability to do so. And it's like standard um SOP that we intend to um widen our sidewalks in the future future sidewalk projects. A five-ft sidewalk is preferred. Um I believe in this situation there's a 4ft sidewalk. Chris, we would have the right to tell them to move it if you decided to do that. We would. However, it's you know it's one more one more process and one more step we'd have to go through. We would have the right to do that, wouldn't we? Yes. Yep.

And are we are they the only one that have a retaining wall along the street? Is this just isolated just to them? No. Um I didn't think so, but that's why I'm asking the questions. Correct. Their walls are right next to the sidewalk now.

That's correct. Um, the main reason why staff was recommending that it be two feet off of the sidewalk on the property is basically there there is no structure or anything that would prevent them from from doing so even though every other property owner has had this um down the street. And um so there was no other structure or uh thing that prevents them from moving it onto their property. All right. Any other questions?

A couple comments. I'm looking at this one picture here. It's the one kind of face. It's along Way Avenue here. There's a fire hydrant here and it's a 4ft sidewalk. Now if we were to years from now, make this a five sidewalk. Looks like there's plenty of room. They had another 12 inches here. I'm not sure if that's an issue. We have fire we have sidewalks that have telephone poles in the middle of them. Correct. I think those are supposed to be corrected. I think Well, I thought there were I thought there were plans for correcting those,

you know, and and so that's why I just I find it difficult. It's been there forever. the prior wall was in the same spot is my understanding. So, we're not we're not really changing the environment other than cleaning it up and making it look a lot nicer. My interpretation of the the wall before it was a tiered wall. This is a straight up and down wall, right? Um and so it's quite a bit different than what was before. If you look at a before and after picture, um that's my interpretation. You can take yours. Okay. So I I am looking at that. Oh, I'm sorry. Am I jumping ahead? Oh, go ahead. Go ahead. Keep going.

Sorry. So I am looking at the picture and you are correct. It is a tiered wall, but it's a tiered wall back into the yard, but the stones that were set ago are right next to the sidewalk that's been poured. So to the point of tiered, it is tiered, but it's teared back toward the house. If they're going straight up, that doesn't change anything, right? The new wall is is is straight up straight up, right? So they just they don't tear it back. That's all. Correct. They'll back fill it and everything will be kumbay up. The new wall is a straight wall. Correct. The old wall was a tiered wall.

Wall back. So there's more there's more encroachment now with the new wall. Okay. Okay. Are you I'm done. Thank you, Council Zimmer. Thank you. So, I'm looking at a picture of this new wall. Your motion would allow this wall to stay as is. Is that a correct interpretation of this motion? That right. That's my understanding.

Okay, great. So, to the homeowners, and I they're kind of behind. I'm looking towards Chris, but they're there. I you know, I I've I've been doing this a long time now. I've seen where we as a city have ordinances and rules that in general are positive for Kirkwood. I've seen the before pictures and I've driven by here. I've seen how it looks now. To me, this is a marked improvement of what was there before. And I've seen so many times sitting here where we have these issues with homeowners, with businesses, and the ones that seem to suffer are the owners. And I think in in this circumstance, even though it it may be an exception, I think we should air in favor of the homeowners because they've made an improvement to Kirkwood. Uh, I don't see anything here that's so egregious that somebody walking down the street's going to have an issue with it. Um, I think it is a, you know, it is a valid concern if we want to replace a sidewalk in the future, but it seems to me that that's that's a problem for the future if if we get to that point. Uh but if that's what we need to do to solve this issue for the homeowner, it sounds like they've had a really tough time at this. Um you know, I think the people in Kirkwood want want to have, you know, their property kept up. They want to follow the rules, but they also want, you know, a process that's not so complicated that they have to go through all this. And I think, you know, for us, it's, you know,

these are our constituents. And, you know, we need to acknowledge that and to acknowledge that they've done something here to me is a positive and not a negative. Um, and I think we should air in their favor.

I have a question. Um, as far as the uh maintenance and um all of that that that agreement that the owner, the property owner would be uh responsible for the maintenance that runs with the land. Should this owner sell the house? It would be on the next owner to assume responsibility for this wall that's in the rightway. Yes.

Okay. Okay. Any more questions or comments? All right. So, we are now voting on the motion. All those in fa Well, all I know is amend the resolution to add encroachment into the way avenue right of way throughout the resolution. Okay. So we would be adding the proposed encroachment 2.2 feet along Way Avenue right ofway. All in favor of the motion say I. I.

All right. Now we will be voting on the resolution as amended and that will be roll call please. Mayor Gibbons. Yes. Council member Jedetic. Yes. Council member Litzo. Yes. Council member Mlan. Yes. Council member Riner, yes. Council member Schaefer, yes. Council member Zimmer, yes.

The motion, the resolution passes. Um, I'm sorry that it's been such a heartache for you. Thank you. Um, we will now move into council reports. And um I'd like to make sure that everyone has on their calendar February 28th at 10:00 in the morning at um the Kirkwood Performing Arts Center, we will be having our annual uh tree of the year program. Um this year the tree of the year was is the black tupelo and we are going to have a guest speaker that is going to be fantastic. He's from Belf Fountain Cemetery and he'll be talking about native trees and how important they are to our environment and that all of our all of our trees of the year will be native trees. Um last year it was the postto this year the black tupelo. So I hope that we'll get lots of folks coming and um being part of the participating in this event. Our last event got 500 people there at the car at the uh route 66 event. So, I'm looking for that many to come to the annual tree of the year event. Um, okay. Other council reports Jess,

I'm going to say this. One of our esteemed Kirk Woodians is in the room, but she's too shy to come up and speak. So also on February 28th at um fond um there is the black heritage celebration at Muds Grove that is put on by the Kirkwood Historical Society. So that will run 10 to three um and it's an open house. Come enjoy um learning about family and what's the who's the family and hill family and see Mudsrove and support the historical society. So you can attend the morning event at about trees and then you can wander over to Muds Grove. Yeah. So

the tree event will be over about 11. So yeah and plenty of time. So great event. Who else? Council member Schaefer.

We've got uh report on board of adjustment. Uh there was a proposal in front of them. It failed uh 3 to2 for a garage buildout. also like to take like five minutes of our advice time. I'm going to read something into the record, please, if I could. Uh on on February 12th, 26, some 22 months after I was elected, we finally received our cash balances in our enterprise funds and other fund balances. It truly reflects where we stand as well as our debt. So, thank you to Mary and David for getting that to us. I really appreciate it. I don't think we have a budget problem. I think we have a spending problem. In 12 short years prior to us, the previous folks spent roughly $70 million, put us in debt, and we're trying to dig out of this. This is tremendous what this council had dumped on us. So such things as the Cape, the Leffingwell property, just to name a few things. Then we didn't have management managing the electric. The worst spending and the worst spending you could imagine. And it all happened, the majority of it happened in the last quarter of 23 and the first quarter of 24. I know this because I was told this from vendors who said that they got to get their Christmas bonuses on Kirkwood. Just sad. We still have not flushed out all of those POSs yet through the system. We borrowed $12.5 million for Leingwell properties. Not 12, 12 and a

half without an appraisal. We use comps. Who does that? Now, Kirkwood received a two-step downgrade from Moody's, which will keep costing us more to borrow for needed things, not shiny new unessent non-essential things. Because of our true cash position that we have been made aware of, we started moving projects back, losing grant funding 8020 as we have to pay first and then get reimbursed without having the the reserves ourselves. There is much more this current council has been asking for and slowly finding out now that was not given to us. In closing, I'd like to say Kirkwood is a strong community. We will come out of this bad chapter. Thank you all for listening to me. Thank you, Paul. Well said. Anyone else? Okay. City. Um, do I go to you first? Interim uh inter administrative report.

Mayor and council. I have nothing to report at this time. Thank you. Nothing to report. Okay. City clerk report. Yes, your honor. I have one thing to report on. An upcoming scheduled public hearing. We have a public hearing scheduled for March 5th, 2026 for a request for a special use permit for outdoor use meat smoker and for outdoor dining for Lona's Little Eats restaurant in the B1 zoning district at 612 612 West Woodbine Avenue. Thank you. Okay. Um, seeing no further business, our next regular scheduled meeting will be on Thursday, March 5th, 2026. This meeting is adjourned.