City Council - Regular Meetings

Please note, residents can share comments in-person, virtually via Zoom using the “Raise Hand” option, via email or U.S. mail. Written comments will not be read aloud at the meetings. All speakers will be allowed three minutes. Instructions on listening through phone or computer to teleconference available at webstergrovesmo.gov/teleconference. [Please note, due to the ongoing pandemic, masks are recommended.] CITY OF WEBSTER GROVES COUNCIL WORK SESSION AGENDA DATE: TUESDAY – OCTOBER 4, 2022 6:30 P.M. LOCATION – CITY HALL IN-PERSON AND VIA TELECONFERENCE #4 E. LOCKWOOD AVENUE 1. BOARD/COMMISSION INTERVIEWS 2. REVIEW REGULAR AGENDA 3. MAYOR/COUNCIL/CITY MANAGER ISSUES/MEETING UPDATES 4. TOPICS • Financial Policies Review • Strategic Planning Preview 5. APPOINTMENTS TO BOARDS & COMMISSIONS 6. EXECUTIVE (CLOSED SESSION) RE: 1. ATTORNEY-CLIENT PRIVILEGED COMMUNICATIONS [MO. STATUTE 610.021 (1)] 2. REAL ESTATE [MO. STATUTE 610.021 (2)] 3. PERSONNEL [MO. STATUTE 610.021 (3)] 4. NEGOTIATED CONTRACT [MO. STATUTE 610.021 (12)] 7. ADJOURNMENT  CITY OF WEBSTER GROVES CITY COUNCIL MEETING DATE: TUESDAY – OCTOBER 4, 2022 7:30 P.M. LOCATION–CITY HALL-#4 E. LOCKWOOD IN-PERSON AND VIA TELECONFERENCE Please note, residents can share comments in-person, virtually via Zoom using the “Raise Hand” option, via email or U.S. mail. Written comments will not be read aloud at the meetings. All speakers will be allowed three minutes. Instructions on listening through phone/computer to teleconference available at webstergrovesmo.gov/teleconference. [Please note, due to the ongoing pandemic, masks are recommended.] Welcome to the regular meeting of the City Council. We welcome questions, ideas and comments from persons in attendance. Members of the audience may, however, comment only when recognized by the Mayor or Mayor ProTem if the Mayor is absent. We ask that comments be limited to three minutes in order to complete the agenda within a reasonable time. Comments concerning items not on the agenda should be made during the Remarks of Visitors section of the agenda, near the beginning of the meeting. I. ROLL CALL II. PROCLAMATION – Honoring Joe Rath III. PUBLIC HEARING 1. Telle IV Properties, LLC (7982-7984 Big Bend Boulevard): An application by Telle IV Properties LLC for a Conditional Use Permit to allow an Automotive Repair and Services Facility use in the existing structure located on a 0.8 acre lot at 7982-7984 Big Bend Boulevard in the “C” Commercial District • Bill #9199 – First & Second Reading - An Ordinance Granting a Conditional Use Permit for Telle IV Properties, LLC to Permit the Operation of An Automobile Repair and Services Facility on an Approximately 0.8 Acre Lot at 7982-7984 Big Bend Boulevard in the “C” Commercial District, and Matters Related Thereto IV. REMARKS FROM THE COMMUNITY AND VISITORS V. NEW BUSINESS - MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER  VI. UNFINISHED BUSINESS 1. Bill #9197 – Third Reading – An Ordinance Authorizing the City Manager to Execute an Agreement with the Missouri Highways and Transportation Commission Show Me Zero Program for the Purchase of Speed Warning/Traffic Counters and Motorcycle Radar Unit 2. Bill #9198 – Third Reading – An Ordinance of the City of Webster Groves, Missouri, Amending Chapter 4, “Boards and Commissions”, Article VIII, Charter Review Advisory Board, Section 4.410 “Membership”, and Section 4.420 “Meetings” and Matters Related Thereto VII. NEW BUSINESS 1. PRESENTATION – Metropolitan St. Louis Sewer District (MSD) 2. Bill #9200 – First & Second Reading – An Ordinance Authorizing and Directing the Missouri American Water Company (MAW) to Remove One (1) Fire Hydrant Located at the Rear of 2819 Breckenridge Industrial Court in the City of Webster Groves, MO 3. Bill #9201 – First & Second Reading - An Ordinance Repealing Ordinance Number 9190 to Remove the Subdivision Approval for Three Lots at 820 Marshall Avenue and 828 Marshall Avenue and Returning the Property to Two Lots VIII. APPROVAL OF CONSENT AGENDA 1. Approval of Minutes – September 20, 2022 2. Resolution #2022-48 – Amending the Budget for Fiscal Year 2023 Related to the Street Improvement Fund IX. APPOINTMENTS TO BOARDS AND COMMISSIONS X. EXECUTIVE (CLOSED SESSION) RE: 1. ATTORNEY-CLIENT PRIVILEGED COMMUNICATIONS [MO. STATUTE 610.021 (1)] 2. REAL ESTATE [MO. STATUTE 610.021 (2)] 3. PERSONNEL [MO. STATUTE 610.021 (3)] 4. NEGOTIATED CONTRACT [MO. STATUTE 610.021 (12)] XI. ADJOURNMENT Individuals who require an accommodation (sign language, interpreter, listening devices, etc.) to participate in the meeting should contact the City Clerk at 314-963-5318 (fax number 314-963-7561) or Relay Missouri at 1-800-735-2966 (TDD) at least two working days prior to the meeting. NEXT REGULAR MEETING DATE: TUESDAY – OCTOBER 18, 2022 COUNCIL STRATEGIC PLANNING RETREAT – OCTOBER 15, 2022  BILL # 9199 ORDINANCE # 9199 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR TELLE IV PROPERTIES, LLC TO PERMIT THE OPERATION OF AN AUTOMOTIVE REPAIR AND SERVICES FACILITY ON AN APPROXIMATELY 0.8 ACRE LOT AT 7982-7984 BIG BEND BOULEVARD IN THE “C” COMMERCIAL DISTRICT, AND MATTERS RELATED THERETO WHEREAS, the Zoning Code of Webster Groves provides the City Council may, by conditional use permit issued under the provisions of Section 53.110 and 53.159, authorize the use of property in the “C” Commercial District for an “Automotive Repair and Services Facility”; and WHEREAS, Telle IV Properties, LLC, (the “Applicant”) has applied for a conditional use permit that allows for an Automotive Repair and Service Facility, on an approximately 0.8 acre tract of land with an existing 12,210 sq ft building at 7982-7984 Big Bend Boulevard (the “Property”), in the “C” Commercial District; WHEREAS, the subject property has been used previously for an Automobile Dealership with an accessory repair service facility; WHEREAS, the Application was referred to the City Plan Commission, which, after studying the Application and the recommendation of the Director of Planning and Development, and holding a public hearing on September 12, 2022, has recommended approval of the Application subject to certain conditions; and WHEREAS, the City Council gave due notice and held a public hearing on the application at City Hall, on Tuesday, October 4, 2022, at 7:30 P.M., where the Council heard and considered comments and suggestions by those present; WHEREAS, the City Council has determined, in accordance with the provisions of Section 53.176.b. of the Zoning Code that the existing building setbacks are not being changed and shall continue to govern structures on the Property; and WHEREAS, the City Council has determined, in accordance with the provisions of Chapter 53.173.a. of the Zoning Code, that granting the Applicant’s Conditional Use Permit will not: 1. Substantially increase traffic hazards or congestion; 2. Substantially increase fire hazards; 3. Adversely affect the character of the neighborhood; 4. Adversely affect the general welfare of the community; or 5. Overtax public utilities. Page 1  NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, MISSOURI, AS FOLLOWS: Section 1. The Conditional Use Permit is hereby granted as set forth in the Application, cover letter and subject to the following conditions: 1. All provisions of the City Code shall apply except as expressly modified in this Ordinance No. 9199. 2. The approved use shall be Office use with an Automotive Repair and Services Facility use. 3. A minimum of fifty-one (51) off-street parking spaces shall be maintained on the site. Reductions in this number can be made with the provision of additional bike parking spaces as limited in the City Code. 4. Any changes or improvements to the curb cuts or sidewalks along Big Bend Boulevard shall obtain permits from the St. Louis County Department of Highways and Traffic. 5. Hours of operation shall not exceed the following: 7:30 am-5:30 pm daily. 6. No derelict or inoperable vehicles or vehicles with extensive damage shall be stored on the premises. 7. Any new pole mounted or wall mounted lighting shall meet light levels in the City Code. 8. No outside amplified speakers shall be allowed on the premises. 9. The applicant shall be responsible for pick-up of all litter on their property and litter generated from their facility onto adjacent properties or rights-of-way. 10. The primary and accessory structure setbacks shall be those set in the underlying “C” Zoning District setbacks and the Additional Minimum Street Setbacks in the Zoning Code. 11. A Lot Consolidation Plat shall be undertaken to consolidate all properties for this use. 12. This Conditional Use Permit is personal to the Applicant and shall not run with the land. Section 2. This ordinance shall not be printed in the Code of Webster Groves. Section 3. This ordinance shall take effect and be in force from and after its passage and approval as provided by law. Page 2  PASSED AND APPROVED this ____ day of ________________ 2022. __________________________________ Mayor ATTEST: __________________________________ City Clerk Page 3  BILL #9197 ORDINANCE #9197 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION SHOW ME ZERO PROGRAM FOR THE PURCHASE OF SPEED WARNING/TRAFFIC COUNTERS AND A MOTORCYCLE RADAR UNIT WHEREAS, the Missouri Highways and Transportation Commission is offering a grant program to fund safety related equipment; and WHEREAS, in order to finalize the grant and receive funds, the Commission requires an ordinance documenting the City’s agreement to the grant conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEBSTER GROVES, MISSOURI, AS FOLLOWS: Section 1. The City Council hereby authorizes the City Manager to enter into the “Show Me Zero” grant program agreement with the Missouri Highways and Transportation Commission consistent with the understanding set forth above and substantially in the form of the agreement attached hereto and incorporated herein as Exhibit 1. Section 2. This ordinance shall not be printed in the Code of Webster Groves. Section 3. This ordinance shall be effective immediately upon passage and approval as provided by law. PASSED AND APPROVED this ________ day of _____________________, 2022. ________________________________ MAYOR ATTEST: ____________________________________ CITY CLERK  BILL #9198 ORDINANCE #9198 AN ORDINANCE OF THE CITY OF WEBSTER GROVES, MISSOURI, AMENDING CHAPTER 4, “BOARDS AND COMMISSIONS”, ARTICLE VIII, “CHARTER REVIEW ADVISORY BOARD” SECTION 4.410 “MEMBERSHIP”, AND SECTION 4.420 “MEETINGS” AND MATTERS RELATED THERETO WHEREAS, the Council of the City of Webster Groves has determined that the Charter Review Advisory Board would function more efficiently with the addition of two Alternate Members. In addition, amendments include incorporating gender neutral references in this section of the Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, MISSOURI, AS FOLLOWS: Section 1. The City Code, Chapter 4, Article VIII, Section 4.410 and Section 4.420 are hereby amended to read as follows: Article VIII. Charter Review Advisory Board Section 4.410 Membership There shall be a Charter Review Advisory Board. The Board shall consist of nine (9) electors of the City appointed by the Council. Two (2) Alternate Members who are electors of the City may also be appointed by the Council. The All members shall serve until removed or discharged by the Council. The Board shall elect its own Chairman and Vice-Chairman, for such terms as the Board may determine. The Board may adopt from time to time such rules and regulations, as it may deem necessary to carry out its duties. Section 4.420 Meetings Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board except executive sessions shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent, or failing to vote, indicating such fact, and shall keep such other records, as it shall deem necessary. Executive sessions of the Board may be called by the Chairman. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. This Ordinance shall be printed in the Code of Webster Groves. Section 4. This Ordinance shall become effective immediately upon passage and approval. PASSED AND APPROVED this _____ day of ____________, 2022. ___________________________ Mayor __________________________ City Clerk  The Metropolitan St. Louis Sewer District Total Rainfal Depth and Recurrence Based on GARR Estimates July 26, 2022 Legend Major Roads SYMBOL Local Road ± State Route State Highway US Highway Interstate Highway Railroad Ramp County Boundary Rivers Recurrence 1 yr. 2 yr. 5 yr. 10 yr. 15 yr. 20 yr. 25 yr. 50 yr. 100 yr. Miles 500 yr. 0 4 8 16 24  The Metropolitan St. Louis Sewer District Total Rainfal Depth and Recurrence Based on GARR Estimates July 26, 2022 Legend Major Roads SYMBOL ± Local Road State Route State Highway US Highway Interstate Highway Railroad Ramp County Boundary Rivers Rainfall Total 0.524 - 1.400 1.401 - 2.000 2.001 - 2.750 2.751 - 3.750 3.751 - 4.750 4.751 - 6.000 6.001 - 7.000 7.001 - 8.000 8.001 - 9.000 Miles 9.001 - 9.993 0 4 8 16 24  The Metropolitan St. Louis Sewer District Total Rainfal Depth and Recurrence Based on GARR Estimates July 28, 2022 Legend Major Roads SYMBOL Local Road ± State Route State Highway US Highway Interstate Highway Railroad Ramp County Boundary Rivers Recurrence 1 yr. 2 yr. 5 yr. 10 yr. 15 yr. 20 yr. 25 yr. 50 yr. 100 yr. Miles 500 yr. 0 4 8 16 24  The Metropolitan St. Louis Sewer District Total Rainfal Depth and Recurrence Based on GARR Estimates July 28, 2022 Legend Major Roads SYMBOL Local Road State Route ± State Highway US Highway Interstate Highway Railroad Ramp County Boundary Rivers 7-28-2022_GARR Total 0.040 - 0.402 0.403 - 0.763 0.764 - 1.125 1.126 - 1.486 1.487 - 1.848 1.849 - 2.210 2.211 - 2.571 2.572 - 2.933 2.934 - 3.294 Miles 3.295 - 3.656 0 4 8 16 24  The Metropolitan St. Louis Sewer District Total Rainfal Depth and Recurrence Based on GARR Estimates August 04, 2022 Legend Rivers Major Roads SYMBOL ± Local Road State Route State Highway US Highway Interstate Highway Railroad Ramp County Boundary Rainfall 0.857 - 1.626 1.627 - 2.048 2.049 - 2.411 2.412 - 2.760 2.761 - 3.126 3.127 - 3.563 3.564 - 4.145 4.146 - 4.853 4.854 - 5.618 Miles 5.619 - 7.111 0 4 8 16 24  The Metropolitan St. Louis Sewer District Total Rainfal Depth and Recurrence Based on GARR Estimates August 04, 2022 Legend Rivers Major Roads SYMBOL ± Local Road State Route State Highway US Highway Interstate Highway Railroad Ramp County Boundary Recurrence 1 yr. 2 yr. 5 yr. 10 yr. 15 yr. 20 yr. 25 yr. 50 yr. 100 yr. Miles 500 yr. 0 4 8 16 24  BILL #9200 ORDINANCE #9200 AN ORDINANCE AUTHORIZING AND DIRECTING THE MISSOURI AMERICAN WATER COMPANY (MAW) TO REMOVE ONE (1) FIRE HYDRANT LOCATED AT THE REAR OF 2819 BRECKENRIDGE INDUSTRIAL COURT IN THE CITY OF WEBSTER GROVES, MISSOURI WHEREAS, the Webster Groves Fire Department is requesting a fire hydrant located at the rear of 2819 Breckenridge Industrial Court be removed due to multiple hits by vehicles. Additionally, the recent move of a hydrant to the front of this address allows for this removal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, MISSOURI, AS FOLLOWS: Section 1. The Missouri American Water Company is hereby authorized and directed to remove one (1) fire hydrant located at the rear of 2819 Breckenridge Industrial Court, in the City of Webster Groves, St. Louis County, Missouri, as designated and approved by the Webster Groves Fire Department at the following location: Approximate GPS Latitude: 38.6095996, Longitude: -90.3362003 Section 2. This ordinance shall not be printed in the Code of Webster Groves. Section 3. This ordinance shall take effect and be in force from and after its passage and approval as provided by law. PASSED AND APPROVED this _____ day of ____________________, 2022. _________________________________ MAYOR ATTEST: _________________________________ CITY CLERK  BILL #9201 ORDINANCE #9201 AN ORDINANCE REPEALING ORDINANCE NUMBER 9190 TO REMOVE THE SUBDIVISION APPROVAL FOR THREE LOTS AT 820 MARSHALL AVENUE AND 828 MARSHALL AVENUE RETURNING THE PROPERTY TO TWO LOTS WHEREAS, on August 2, 2022 the City Council adopted Ordinance #9190, a subdivision plat at the request of Blue Properties, LLC (Tim Dolan) and Joshua Hill and Elizabeth Goodbrake (the “Owners”) -- who own certain property that is approximately 0.631 acres of land commonly referred to as 820 Marshall Avenue and 828 Marshall Avenue; and WHEREAS, the Lender for the property at 828 Marshall Avenue would not give approval for the sale of land to the owner at 820 Marshall Avenue; and WHEREAS, the inability to sell the land renders the ability to split 820 Marshall Avenue into two lots as void; and WHEREAS, the applicants are now requesting the City Council repeal the subdivision of the Property to restore it back to the original two lots. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, MISSOURI, AS FOLLOWS: Section 1: The City Council hereby revokes and repeals Ordinance #9190 and declares that the property will revert back to their original two lots. Section 2: This ordinance shall not be printed in the Code of Webster Groves. Section 3: This ordinance shall take effect and be in force from and after its passage and approval as provided by law. PASSED AND APPROVED this _____ day of _______ 2022. _____________________________ Mayor ATTEST: _________________________ City Clerk  CITY OF WEBSTER GROVES September 20, 2022 The City Council met this date in a regular session, in the City Council Chambers, which was available to the public in person, and via teleconference, at 8:00 p.m. Present at Roll Call: Mayor Laura Arnold Councilmember Pam Bliss Councilmember David Franklin Councilmember Emerson Smith (via teleconference) Councilmember Karen D. Alexander Councilmember Sarah Richardson Councilmember Emily Hixson Shepherd A quorum was present. Also present: Dr. Marie Peoples, City Manager (via teleconference) Mr. Neil Bruntrager, City Attorney Ms. Katie Nakazono, City Clerk REMARKS FROM THE COMMUNITY AND VISITORS Scott MacConnell, 604 W. Glendale, addressed mowing of city-owned property by his home. Dave Buck, 124 S. Elm, addressed the Arts. (Exhibit 1) Don Lohman, 810 E. Pacific, addressed flooding and home buyouts. (Comments made during flood discussions.) NEW BUSINESS – MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER Mr. Peterson addressed Waste Management’s billing error. They have billed monthly, and it should be quarterly. If residents were billed in error WM will be sending back refunds. If you have not heard from them, call them at 1-866-909-4458. UNFINISHED BUSINESS BILL #9192 – THIRD READING On motion of Councilmember Richardson, seconded by Councilmember Franklin, BILL #9192 – ENTITLED: AN ORDINANCE LEVYING AND ESTABLISHING THE RATE OF ANNUAL PROPERTY TAXES TO BE COLLECTED FOR THE YEAR 2022 BY THE CITY OF WEBSTER GROVES, MISSOURI, AND REPEALING ORDINANCE NO. 9157, having been introduced and read twice on September 6, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9192. September 20, 2022 Prior to the Third Reading of Bill #9192, a motion was made by Councilmember Bliss, seconded by Councilmember Franklin, to amend Bill #9192 to reflect the numbers from the County Board of Equalization as referenced in said Bill dated September 20, 2022. Mayor Arnold called for the vote to amend Bill #9192. MEMBERS VOTING: AYES: BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD NOES: NONE Mayor Arnold stated that Bill #9192 was amended. Mayor Arnold called for the vote on Bill #9192 as amended. MEMBERS VOTING: AYES: FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS NOES: NONE Mayor Arnold stated that Bill #9192 was approved as amended. BILL #9193 – THIRD READING On motion of Councilmember Hixson Shepherd, seconded by Councilmember Richardson, BILL #9193 – ENTITLED: AN ORDINANCE LEVYING AND ESTABLISHING THE RATE OF ANNUAL PROPERTY TAXES TO BE COLLECTED FOR THE YEAR 2022 FOR THE WEBSTER GROVES LIBRARY DISTRICT, AND REPEALING ORDINANCE NO. 9158, having been introduced and read twice on September 6, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9193. Prior to the Third Reading of Bill #9193, a motion was made by Councilmember Bliss, seconded by Councilmember Franklin, to amend Bill #9193 to reflect the numbers from the County Board of Equalization as referenced in said Bill dated September 20, 2022. Mayor Arnold called for the vote to amend Bill #9193. MEMBERS VOTING: AYES: SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN NOES: NONE Mayor Arnold stated that Bill #9193 was amended. Mayor Arnold called for the vote on Bill #9193 as amended. MEMBERS VOTING: AYES: ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN, SMITH NOES: NONE Mayor Arnold stated that Bill #9193 was approved as amended. 2 September 20, 2022 BILL #9194 – THIRD READING On motion of Councilmember Alexander, seconded by Councilmember Franklin, BILL #9194 – AN ORDINANCE LEVYING THE COST OF ABATING CERTAIN NUISANCES (CUT/TRIM, REMOVE TRASH AND DEBRIS, REMOVE TREES, DUMP FEES, BOARD UP, ETC.) AS SPECIAL TAX BILLS AGAINST THE PROPERTIES HEREINAFTER DESCRIBED AND CONSTITUTING LEVIES AS LIENS ON THE RESPECTIVE PROPERTIES, having been introduced and read twice on September 6, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9194. Mayor Arnold called for the vote on Bill #9194. MEMBERS VOTING: AYES: RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN, SMITH, ALEXANDER NOES: NONE Mayor Arnold stated that Bill #9194 was approved. BILL #9195 – THIRD READING On motion of Councilmember Franklin, seconded by Councilmember Bliss, BILL #9195 – AN ORDINANCE REPEALING ORDINANCE NUMBER 8270 TO REMOVE THE LOT SPLIT APPROVAL FOR A NEW LOT AT 452 FOOTE AVENUE AND RETURNING THE PROPERTY TO ONE LOT ADDRESSED AS 446 FOOTE AVENUE, having been introduced and read twice on September 6, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9195. Mayor Arnold called for the vote on Bill #9195. MEMBERS VOTING: AYES: HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON NOES: NONE Mayor Arnold stated that Bill #9195 was approved. BILL #9196 – THIRD READING On motion of Councilmember Bliss, seconded by Councilmember Richardson, AN ORDINANCE OF THE CITY OF WEBSTER GROVES, MISSOURI AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND NCWPCS MPL 27-YEAR SITES TOWER HOLDINGS LLC AND A SETTLEMENT AGREEMENT BETWEEN THE CITY AND CCATT LLC, CROWN CASTLE INTERNATIONAL CORP., NEW CINGULAR WIRELESS PCS, LLC, AND NCWPCS MPL 27-YEAR SITES TOWER HOLDINGS LLC, having been introduced and read twice on September 6, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9196. Mayor Arnold called for the vote on Bill #9196. MEMBERS VOTING: AYES: ARNOLD, BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, NOES: NONE Mayor Arnold stated that Bill #9196 was approved. 3 September 20, 2022 NEW BUSINESS FLOOD INFORMATION UPDATES – STATE EMERGENCY MANAGEMENT AGENCY (SEMA) Karen McHugh addressed PowerPoint (Exhibit 2) and answered questions. Council questions included: · Resident suggestion of permanent variance · Definition of repetitive loss · Homes built before 1978 · Buyout – ICC program FLOOD INFORMATION UPDATES – CITY STAFF Dr. Peoples addressed PowerPoint (Exhibit 3) and answered questions about financial implications for the City, tax implications, and land use. She stated that MSD is coming 10/4 to address issues related to their projects. BILL #9197 – FIRST & SECOND READING Councilmember Richardson introduced BILL #9197 – AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION SHOW ME ZERO PROGRAM FOR THE PURCHASE OF SPEED WARNING/TRAFFIC COUNTERS AND MOTORCYCLE RADAR UNIT, and at the Councilmember’s request, the Bill was read twice, first and second times by title only, and placed on the agenda for future consideration of the Council. BILL #9198 – FIRST & SECOND READING Councilmember Hixson Shepherd introduced BILL #9198 – AN ORDINANCE OF THE CITY OF WEBSTER GROVES, MISSOURI, AMENDING CHAPTER 4, “BOARDS AND COMMISSIONS”, ARTICLE VIII, CHARTER REVIEW ADVISORY BOARD, SECTION 4.410 “MEMBERSHIP”, AND SECTION 4.420 “MEETINGS” AND MATTERS RELATED THERETO, and at the Councilmember’s request, the Bill was read twice, first and second times by title only, and placed on the agenda for future consideration of the Council. Prior to addressing the Consent Agenda, Councilmember Hixson Shepherd stated that regarding Resolution #2022-46, she spoke with Jenny Starkey regarding the printed newsletter for older residents. They would not be mailed, but distributed to public buildings and communities. It is no cost to us. Mayor Arnold added that she thinks the goal is, since we’ve moved to mostly online communications, this is a way to reach seniors who are less often online. CONSENT AGENDA A motion was made by Councilmember Alexander, seconded by Councilmember Richardson, to approve the Consent Agenda. Mayor Arnold called for the vote on the Consent Agenda. MEMBERS VOTING: AYES: BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD 4 September 20, 2022 NOES: NONE Mayor Arnold stated that the Consent Agenda was approved. The following Consent Agenda was approved: • Approval of Minutes – September 6, 2022 • Resolution #2022-42 - Adopting the 2020-2025 St. Louis Regional Hazard Mitigation Plan and to Work Toward Becoming a Safer Community • Resolution #2022-43 - Authorizing the City Manager to Purchase a 2023 Backhoe for the Street Department • Resolution #2022-44 - Authorizing the City Manager to Purchase a 2023 Tandem Dump Truck for the Street Department • Resolution #2022-45 - Amending the FY-2023 Budget Related to Fire House #2 • Resolution #2022-46 - Authorizing the City Manager to Enter into an Agreement with Liturgical Publications, Inc., to Provide Senior Newsletters for the City of Webster Groves • Resolution #2022-47 - Authorizing the City Manager to Purchase a 2023 F-350 4x4 Pickup Truck, and Accessories, for the Public Works Department • Liquor License - Application for a Temporary Liquor License for Mary Queen of Peace Church, 676 W. Lockwood Avenue, to Sell Beer and Wine by the Drink for Consumption on the Premises Where Sold at Their Bratfest on September 25, 2022 APPOINTMENTS TO BOARDS AND COMMISSIONS The following people were appointed to the Charter Review Advisory Board: • Nicole Chaput • Kyle Klemp • Michael Yokley • Tammy Behm • Jennifer Finney • Joseph Dugan • Matthew Hile • Jeanne Kirkton • John Eppers • Paul Dribin – Alternate • Melissa Johnson - Alternate EXECUTIVE (CLOSED) SESSION Councilmember Bliss made a motion, which was seconded by Councilmember Franklin, to go into Executive Closed Session per Attorney-Client Privileged Communications [MO Statute 610.021(1)] Mayor Arnold called for the vote to go into Executive (Closed) Session. MEMBERS VOTING: AYES: FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS NOES: NONE Mayor Arnold stated that they would go into Executive (Closed) Session. 5 September 20, 2022 ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 9:23 p.m. on motion of the Mayor, duly seconded. PASSED AND APPROVED this _______day of ____________________ 2022. ________________________ Mayor _______________ City Clerk 6  Exhibit 1 Conrad, Jennifer From: Dave Buck <dave@buckstl.com> Sent: Wednesday, September 21, 2022 7:29 AM To: Laura W. Arnold; Pam Bliss; Alexander, Karen; Richardson, Sarah; Emily Hixson Shepherd; David Franklin; Emerson Smith; Peoples, Marie; Peterson, Eric; njbatty@aol.com; Perry, Mara; Starkey, Jenny; Nakazono, Katie; Conrad, Jennifer; Davis, Scott; Rehg, Todd; Curtis, Dale; Perks, Greg; Ellis, Brett Cc: jmrath@sbcglobal.net; Mike Silverman; Shawn Greene; Brian Ward; bkmacahoon@charter.net; mgbrad@aol.com; john ahearnstudio.com; Don Drissell; j.donaldson@webster-arts.org; Pmurphystl; Jahna Kahrhoff; Davis Allen; Kuhn Construction Co., Inc.; schaefer.todd@wgmail.org; throm.andrew@wgmail.org; Marissa Capron; wichard. sara@wgmail. org; gary schoenberger; Warner Properties; Rebecca Now; nikkilemley@gmail.com; John Barr; Mark Hinkle; Embroider the Occasion; Mary Martin Art Studio; Yucandu Art Studio; Hana Sharif; Nicole Springer; stroble@webster.edu; Lara Teeter; Jeffrey Carter; simpson.john@wgmail.org; Jason Adams; Farrell Carfield; Courtney Schaefer; Clark Hotaling; tonybev1956@gmail.com; seelestl@aol.com; bethrogers704@gmail.com; dmacdonald@dovetail-stl.com; ltaylor@redrockcomm.com; Jorje Quinn; Jaime Mowers; Randy Drilingas; Alexandria Darmody; Mark Langston Subject: Dave Buck's Remarks, City Council Regular Meeting, 9/20/22 Caution: This is an External Message ‐ Please be cautious when opening links or attachments I appreciate the opportunity to share my thoughts on strategic planning over the last several meetings. I promise this is my last one. Given the triumphant return of the Old Webster Jazz & Blues Festival this past weekend ‐ and I am so happy for Joe Rath ‐ my continued & fervent hope is that Webster Groves OFFICIALLY adopt the strategic & unifying slogan, CITY OF THE ARTS, and add it right under the Webster Groves name on all City communications, as follows: WEBSTER GROVES City of the Arts Given my marketing & branding career, I admit that I am biased when it comes to the need for & power of city slogans. My hometown of Wichita, KS (population 300,000) was the world hub for small aircraft manufacturing (Beech, Cessna, Lear Jet, etc.). Many viewed Wichita as an old "cow town" on the Sante Fe Trail until it adopted the city slogan, Air Capital of the World, and it gave our city a powerful & differentiated identity that served the city for decades. 1  Exhibit 1 CITY OF THE ARTS gives Webster a huge & historic canvas that is unmatched by any neighboring city. Yes, Kirkwood, Maplewood, Brentwood, etc., all offer the arts, but NONE with the depth, breadth and brilliance of Webster Groves. The ARTS certainly covers the fine arts, visual arts, theater arts and music arts, as beautifully championed by Webster Arts Foundation, Webster Groves Arts Commission, The Rep, Opera Theater, Webster U, the arts education in our schools, etc., and, perhaps most important, all of our outstanding talented & artistic residents in our very creative community. But the ARTS is also inclusive and touches all sectors of our city. Consider, for example, our great restaurants and the Culinary ARTS, the Recreational ARTS, the ART of Business, the ART of Education, the ART of Communication, etc., even the ART of Government and the ART of Leadership. The ARTS are everywhere and impact every one of us. And perhaps there is no other force on earth ‐ not even religion ‐ that can bring an entire community together and inspire & lift us up beyond our petty differences to a unifying & happy whole. In closing, I hope this makes it on your list of possible strategies. I, for one, think it is about time. Thank YOU! 2  Exhibit 2 0 Karen McHugh, CFM Missouri State Emergency Management Agency 2303 Militia Dr. Jefferson City, MO 65101 573-526-9129 karen.mchugh@sema.dps.mo.gov  Exhibit 2 The NFIP was created in 1968 by the National Flood Insurance Act to: • Improve the nation’s basic knowledge about flood hazards • Reduce future flood losses • Reduce federal expenditures for disaster assistance and flood control projects • Provide citizens favorably-priced flood insurance through the federal government 1  Exhibit 2 The NFIP is a voluntary program. To participate in the NFIP, communities must: 1. Adopt a Floodplain Management Ordinance for regulation of development in the floodplain. 2. Adopt a Resolution for Participation in the NFIP 3. Complete an Application for Participation form. 2  Exhibit 2 Communities join the NFIP to: • Obtain federally-backed loans from banks for structures located in the floodplain • Provide some measure of protection for new and substantially improved development in the floodplain • Ensure disaster assistance is available to the community and individuals • Reduce community’s vulnerability to damage from flooding events 3  Exhibit 2 • Base Flood - The NFIP regulatory flood for floodplain management (defined as the flood that has a 1% chance of being equaled or exceeded in any given year) • Base Flood Elevation (BFE) - Water surface elevation resulting from the Base Flood event that is tied to a known vertical datum • Special Flood Hazard Area (SFHA) - Areas subject to the 1% - or greater - annual chance of flooding in any given year (the “100-year” floodplain) • Flood Insurance Rate Map (FIRM) - The official map of a community on which FEMA has defined Special Flood Hazard Areas (SFHAs), Base Flood Elevations (BFEs), and risk zones applicable to the community • Development - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. 4  Exhibit 2 • Community: - A political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction • Note that a city, town, village, Indian tribe, or authorized tribal organization is a separate community from the county in which it resides; each must participate in the NFIP individually • Structure: - A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. 5  Exhibit 2 As a participant in the NFIP, communities agree to: • Adopt and enforce all applicable NFIP regulations • Require permits for ALL development in the SFHA • Require that new and substantially improved/damaged structures be elevated to or above the base flood elevation (non- residential structures can be dry-floodproofed) • Obtain proof of compliance with local floodplain management ordinances for all new structures 6  Exhibit 2 1. Require, review, evaluate Floodplain Development Permit/Applications 2. Provide BFE information, answer questions 3. Review Elevation and Floodproofing Certificates 4. Review plans and specifications 5. Discourage development in SFHA 6. Advise regarding other state, federal, or local permits 7. Provide notification of watercourse alterations 8. Inspect development 9. Educate the public 10. Educate other officials 11. Record keeping 12. Remedy violations 7  Exhibit 2 The 12 duties related to regulating development take up much of the local floodplain administrator’s time. Other very important duties include: • Determining substantial improvements • Determining substantial damage Substantial damage evaluations after a flooding event work to break the cycle of flood, rebuild, repeat. 8  Exhibit 2 The formula: Cost to repair (back to a pre-damaged condition) = % damage Market value of the building (prior to the damage) • Cost of repair: “True” cost of labor and materials to restore the building to its pre-damaged condition (even if owner does not want to make repairs) • Potential sources: Itemized estimates from licensed contractors • Market value: What a willing buyer would pay for the building. • Potential sources: Independent appraisal • Market value for taxing purposes 9  Exhibit 2 SUBSTANTIAL DAMAGE ESTIMATOR (SDE) 3.0 SOFTWARE 10  Exhibit 2  ICC coverage comes standard with NFIP flood policies  The purpose is to add coverage to pay for the increased cost to rebuild or otherwise alter flood-damaged structures to conform with the City’s Ordinance  Principal ICC features: • The maximum benefit for ICC is $30,000 • Only flood damaged structures are eligible • Only structures located in the SFHA or regulated areas are eligible • Only those structures substantially damaged or repetitively damaged by floods are eligible • ICC maximum is limited to the amount necessary to meet the local or state requirements 11  Exhibit 2 Eligible ICC activities are: • Floodproofing (non-residential only) • Relocation • Elevation • Demolition A.K.A. “F.R.E.D.” ICC exceptions: • Policies in Emergency Phase communities, • Structures insured under Group Flood Insurance Policy, and • Units insured under a Condo Unit Owner Policy. 12 Exhibit 2 13  Exhibit 2 Any development in the SFHA will require a floodplain development permit. • Review the community’s FIRMs to determine if the proposed project is located within the SFHA. Project Location 14  Exhibit 2 If development is located within the SFHA, is it also located within a FEMA regulatory floodway? Project Location 15  Exhibit 2 If the project is located in a regulatory floodway, it must be demonstrated through hydrologic and hydraulic analyses that the proposed development will not result in ANY increase in the flood levels during the occurrence of the base flood discharge. Project Location 16  Exhibit 2 • “No-Rise” certification is required for all proposed development in the regulatory floodway. • “No-Rise” certification must be obtained by the community before the floodplain development permit may be issued. • “No-Rise” certification must be completed (signed and sealed) by a registered Missouri professional engineer. 17 Exhibit 2 18 Exhibit 2 19 Exhibit 2 20  Exhibit 2  County: ST. LOUIS COUNTY CID: 290394  Program: Regular Emergency Entry: 01/23/1974 Regular Entry: 09/29/1978  Status: PARTICIPATING Status Effective: 09/29/1978  Current Map: 02/04/2015 Study Underway: YES Level of Regs: D  FIRM Status: REVISED Initial FIRM: 09/29/1978  FHBM Status: SUPERCEDED BY FIRM Initial FHBM: 03/15/1974  CAV Date: 12/16/2003 Workshop Date: 08/22/2022  CAC Date: 06/06/2019 GTA Date: 07/26/2022  Policies in Force: 73  Insurance in Force: $13,492,400.00  No. of Paid Losses: 70  Total Losses Paid: $1,461,111.48  Sub. Damage Claims Since 1978: 5 21  Exhibit 2  Ordinance No. 8869 dated January 6, 2015 & Amendment No. 8873 dated January 20, 2015  60.3(d) Floodplain Management Ordinance  One Foot Above Base Flood Elevation (1 foot freeboard)  Cumulative Substantial Damage/Improvement  Hazardous Materials  Nonconforming Use  Repetitive Loss Definition  Sent City Higher Standards Ordinance on 3/5/2020 (for CRS participation) 22  Exhibit 2  29189C0309K  Effective Date of Map Panels:  29189C0326K February 4, 2015  29189C0327K  29189C0328K  29189C0329K  City’s Floodplain Administrator: Travis Ham – Local Superhero! 23  Exhibit 2 Karen McHugh, CFM – 573-526-9129 Lynn Welch, CFM – 573-526-9135 Linda Olsen, CFM - 573-526-9115 Darryl Rockfield, C.E., CFM – 573-526-9383 Sydney Roberts - 573-526-9371 24  Exhibit 2 Thank You Very Much City of Webster Groves!!! 25  Exhibit 3 Flood Relief Update September 20, 2022  Exhibit 3 Background On August 8, 2022, President Biden declared a major disaster for several areas, including St. Louis County. The declaration includes damage sustained due to weather-related events July 25 – 28, 2022.  Exhibit 3 Damage Sustained Webster Groves had 21 Single Family Homes, 2 condo buildings with a total of 8 units, and one apartment complex with 16 units affected. There were also 4 commercial buildings that were affected.  Exhibit 3 Substantially Damaged Properties Six homes and one commercial building were substantially damaged. The substantially damaged homes are: 1051 Kuhlman, 834 N. Forest, 839 N. Forest, 843 N. Forest, 838 E Pacific, 844 E. Pacific.  Exhibit 3 What does "Substantially Damaged" Mean? Any structure that is determined to be 50% or more damaged is considered substantially damaged. These structures are required by Federal Emergency Management Agency (FEMA) to come into compliance with the National Flood Insurance Program, to help prevent future losses. An owner’s flood insurance, or lack thereof, is not considered when deciding because the property must be brought into compliance whether you have insurance or not.  Exhibit 3 Properties not substantially damaged Damaged to a lesser degree: 15 residential 3 commercial (Breckinridge Industrial Court) Auto Museum Dog Daycare HVAC Contractor 1 apartment complex (16 units affected) 2 condo buildings (8 total units, 4 per building)  Exhibit 3 Interested in a Buyout Of the 6 "Substantially Damaged" homes, all homeowners have requested buyouts. Of the 15 "Not Substantially Damaged" properties, 5 homeowners have requested buyouts.  Exhibit 3 Buyout Process 1. The City pays fair market value for property and structures. A licensed appraiser hired by the City of Webster Groves would determine the fair market value. 2. The City pays for demolition and closing costs. 3. Land must remain undeveloped - deed restriction would ensure it remains that way. 4. Minor improvements would need to be submitted to SEMA for approval. For example; a permeable parking lot or a community garden may be approved by SEMA since it would not increase the flood risk to neighboring properties, but an impervious parking lot would not be.  Exhibit 3 Financial Implications for City Demolition Costs $10,000-$15,000 per structure Appraisal Costs $600 per structure Closing Costs $1,000 per structure Costs listed above are estimates  Exhibit 3 Financial Implications for City The City’s cost to acquire homes, according to the current SEMA-provided information, is, roughly, as follows: All Affected Homes $2,165,364 "Substantially Damaged" Homes Only $534,653 "Not Substantially Damaged" Homes Only $565,866 Homes Currently Requesting Buyouts $1,100,519 Amounts listed above are estimates based on information from SEMA and Planning & Development research. Estimates were achieved using 16.85% as an increase to County appraisal numbers per SEMA's recommendation.  Exhibit 3 Questions?  RESOLUTION 2022-48 AMENDING THE BUDGET FOR FISCAL YEAR 2023 RELATED TO THE STREET IMPROVEMEN T FUND WHEREAS, the annual chip seal and mill and overlay street projects performed in Fiscal Year 2022, were performed in that fiscal year, however the funds were not encumbered; and WHEREAS, the payment for the FY22 work performed requires expenditure authority which will be granted by this resolution out of the Street Improvement Fund fund balance; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Webster Groves, Missouri, that the Annual Budget for the fiscal year beginning July 1, 2022, is hereby amended to appropriate an increase in the amount of expenditures of $850,000; and BE IT FURTHER RESOLVED, that in accordance with Section 5.14 of the City Charter, $850,000 is appropriated as expenditures to the Street Improvement Fund for Fiscal Year 2023. Passed and approved on this ____ day of ____., 2022. Mayor ATTEST: City Clerk