City Council - Regular Meetings

Please note, residents can share comments in-person, virtually via Zoom using the “Raise Hand” option during the Regular Meeting, 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 – NOVEMBER 15, 2022 6:30 P.M. LOCATION – CITY HALL IN-PERSON AND VIA TELECONFERENCE #4 E. LOCKWOOD AVENUE 1. REVIEW REGULAR AGENDA 2. MAYOR/COUNCIL/CITY MANAGER ISSUES/MEETING UPDATES 3. TOPICS • Green Space Advisory Board Updates • Strategic Planning Review 4. APPOINTMENTS TO BOARDS & COMMISSIONS 5. 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)] 6. ADJOURNMENT  CITY OF WEBSTER GROVES CITY COUNCIL MEETING DATE: TUESDAY – NOVEMBER 15, 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. REMARKS FROM THE COMMUNITY AND VISITORS III. NEW BUSINESS - MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER IV. NEW BUSINESS 1. Bill #9204 – First & Second Reading - An Ordinance Approving a Parking Lot Lease By and Between the Webster Groves Presbyterian Church Association of Webster Groves, Missouri, a Benevolent Corporation, as Lessor, and the City of Webster Groves as Lessee, Pertaining to the Property Located at 41 West Moody Avenue; and Other Actions Related Thereto V. APPROVAL OF CONSENT AGENDA 1. Approval of Minutes – November 1, 2022 2. Resolution #2022-62 – A Resolution Supporting a 2022 Master Planning Grant Application to the Municipal Park Grant Commission for the Aquatic Center  VI. APPOINTMENTS TO BOARDS AND COMMISSIONS VII. 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)] VIII. 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 – DECEMBER 6, 2022  BILL #9204 ORDINANCE #9204 AN ORDINANCE APPROVING A PARKING LOT LEASE BY AND BETWEEN THE WEBSTER GROVES PRESBYTERIAN CHURCH ASSOCIATION OF WEBSTER GROVES, MISSOURI, A BENEVOLENT CORPORATION, AS LESSOR, AND THE CITY OF WEBSTER GROVES, AS LESSEE, PERTAINING TO THE PROPERTY LOCATED AT 41 WEST MOODY AVENUE; AND OTHER ACTIONS RELATED THERETO WHEREAS, the Webster Groves Presbyterian Church Association of Webster Groves, Missouri, a benevolent corporation has agreed to lease to the City of Webster Groves a portion of its premises at 41 W. Moody Avenue, more particularly described as consisting of a parking lot with a paved area of approximately 13,775 square feet, more or less, Locator ID Number 22K110174 (“the Moody Parking Lot”) for the purpose of a municipal parking lot containing 30 part-time parking spaces; and WHEREAS, the Lease has been presented to this City Council, and upon due consideration, this Council has found and determined that the approval of the same will be in the best interest of Webster Groves and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEBSTER GROVES: Section 1. The lease pertaining to the Moody Parking Lot, attached hereto and incorporated herein by reference as Exhibit A, is hereby approved. Section 2. The City Manager is hereby authorized to execute the Lease, in substantially the form attached hereto and incorporated herein by reference as Exhibit A and to take all such other actions as are necessary and proper related thereto. Section 3. This Ordinance shall repeal and replace Ordinance 9047 and be in full force and effect from and after its enactment. Passed and approved this ____ day of ___________________, 2022. _____________________________ Mayor Attest: ______________________ City Clerk ORD. #9204 EXHIBIT A LEASE PRESBYTERIAN CHURCH PARKING LOT This lease (“Lease”) is made and entered into this day of December, 2022, by and between The Webster Groves Presbyterian Church Association, a Benevolent corporation, hereinafter referred to as Lessor, and the City of Webster Groves, a municipal corporation, hereinafter referred to as Lessee. WHEREAS, Lessor owns certain real property in the City of Webster Groves, Missouri commonly known and numbered as 41 West Moody Ave., St. Louis, MO 63119 (the “Property”); and WHEREAS, the Property contains a parking lot that is accessed from Moody Ave. as shown and outlined in red on the attached Exhibit A (the “Moody Parking Lot”); and NOW, THEREFORE, in consideration of the foregoing, and in consideration of the promises and obligations hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties to this Lease hereby agree as follows: 1. Lessee’s Use. Lessor grants to Lessee the exclusive right to use the southern thirty (30) parking spaces, commencing northward after the spots designated for accessible parking and other parties on the Moody Parking Lot for use as a public parking lot between the hours of 7:00 a.m. and 4:00 p.m. Monday through Friday (hereinafter “Business Hours”) and the nonexclusive right to use the Moody Parking Lot at all other times which are not exclusively reserved to Lessor as provided herein. 2. Lessor’s Use. Lessor reserves the exclusive right to use the Moody Parking Lot each Sunday. In addition, it is understood by Lessee that on occasion Lessor Page 1 of 8 ORD. #9204 EXHIBIT A may have need for all of the parking spaces on the Moody Parking Lot, and, therefore, Lessee agrees, upon forty-eight (48) hours' notice to Lessee, by Lessor, to permit Lessor, its guests and visitors to use all of the spaces on those occasions, provided that such occasions shall not exceed ten (10) times per year. Lessor may erect appropriate signs to this effect; provided, however, that Lessee shall have no obligation to enforce this restriction. 3. Term. This Lease shall continue annually, with no stated end date, until terminated by either party. 4. Compensation, Maintenance, and Improvements. a) Compensation. The Lessee agrees that to pay the Lessor an amount of $8,000 each July as compensation for this lease for the period of July to June. Any partial year shall be prorated by the total annual compensation divided by the number of complete months of the lease in that year. Any number of days in a month in which the Lessee operates under this lease shall be considered as a complete month. (1) Beginning in July 2023, and every July of every year after, the compensation amount for this lease shall increase by 2.5% more than the amount paid in the previous year or the base compensation listed (a), whichever is greater. b) Coordination. Lessee shall coordinate the Repairs and all subsequent maintenance with Lessor to avoid special church events. (1) For duration of the Lease, Lessee shall repair any damage to the Repairs (by nature or by any person) and provide routine Page 2 of 8 ORD. #9204 EXHIBIT A maintenance, including sign maintenance and snow removal, at a similar level provided for other lots owned by Lessee. c) Other Improvements. Any other improvement of the Moody Parking Lot shall be subject to the approval of the Lessor, but such approval shall not be unreasonably withheld, and Lessee shall have no obligation to perform any improvements on the Moody Parking Lot not specifically provided for herein. 5. Termination. a) Default by Lessee. Lessor may cancel this Lease upon default by Lessee; provided, however, Lessor shall give Lessee written notice of any default at least sixty (60) days prior to cancellation; and within such period Lessee shall have an opportunity to cure the default. If the default is such that it cannot reasonably be cured within the sixty (60) day period, Lessor may cancel the Lease only if Lessee fails to take reasonable steps to cure the default within the sixty (60) day period. b) Of Right by Lessor. Lessor may cancel this Lease at any time without cause by giving the Lessee one hundred-eighty (180) days written notice and tendering to Lessee a pro-rata refund of the compensation paid for that year. c) Of Right by Lessee. Lessee may cancel this Lease at any time upon one hundred-eighty (180) days written notice. 6. Assignment. This Lease may not be assigned without the consent of the Lessor, provided however Lessee may issue permits to park in the Moody Parking Lot during Business Hours including assigning specific spaces and/or charging a Page 3 of 8 ORD. #9204 EXHIBIT A fee. 7. Insurance. Lessee agrees to maintain, during the term of the Lease, liability insurance insuring against liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Moody Parking Lot by Lessee, and such policy of insurance shall name Lessor as an additional insured, with coverage up to and only to the extent of any liability of Lessee under the provisions of Sections 537.600 to 537.650 RSMo. Nothing in this requirement or this Lease shall be deemed a waiver of Lessee’s sovereign immunity. 8. Notices. Any and all notices to be served by Lessor upon Lessee, or Lessee upon Lessor, shall be served in person, or by registered or certified mail to: Lessee: Lessor 4 East Lockwood 45 West Lockwood Ave Webster Groves, MO 63119 St. Louis, MO 63119 Attn: City Manager Attn: Business Administrator 9. Quiet Enjoyment. Lessor represents, covenants, and warrants that throughout this Lease, Lessor will have good and marketable title in fee simple to the Moody Parking Lot free and clear of liens, encumbrances, and easements, and Lessor has full power and authority to enter into this Lease; that Lessee, on performing Lessee's obligations under this Lease, shall peacefully and quietly have, hold, and enjoy the Moody Parking Lot and the appurtenances throughout the Lease without hindrance, ejection, or molestation by any person or persons, subject to the other terms and provisions of this Lease. 10. Successors in Interest. Whenever the word "Lessor" is used herein it shall be construed to include the successors, assigns, or legal representatives of the Lessor, and the words Lessor and Lessee shall include single and plural, individual, Page 4 of 8 ORD. #9204 EXHIBIT A or corporation, subject always to the restrictions herein contained, as to sub-letting or assignment of this Lease. 11. Entire Agreement. This Lease constitutes the entire agreement between the parties and supersedes all previous discussions and agreements and may not be modified by any party except in writing, executed by both parties. 12. Applicable Law. The laws of the State of Missouri shall apply to the interpretation and enforcement of this Lease. All parties to this Lease consent to the exclusive jurisdiction of the Circuit Court of St. Louis County Missouri to resolve any and all conflicts that arise from this Lease or are contemplated by this Lease. 13. Counterpart Execution. For purposes of this Lease, a document signed and transmitted by facsimile machine or email is to be treated as an original document. The signature of any party hereon, for purposes hereof, is to be considered as an original signature, and the document transmitted is to be considered to have the same binding effect as an original signature on an original document. At the request of any party, any facsimile or email document is to be re-executed in original form by the parties who executed the facsimile or email document. No party may raise the use of a facsimile machine or email as a defense to the enforcement of this Lease or any amendment or other document executed in compliance with this Section. IN WITNESS WHEREOF, the said parties aforesaid have duly executed the foregoing instrument or caused the same to be executed the day and year first above written. Page 5 of 8 ORD. #9204 EXHIBIT A LESSOR: The Webster Groves Presbyterian Church Association ____________________________________ STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) On this ____ day of December, 2022, before me appeared ____________________ personally known, who, being by me duly sworn, did say that she/he is the _______________ of The Webster Groves Presbyterian Church Association, a Benevolent corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed in behalf of the corporation, by authority of Facilities and Finance Ministry, and Moderator; and she/he acknowledged this instrument to be the free act and deed of the corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. _____________________________ Notary Public My Commission Expires: __________________________________ Page 6 of 8 ORD. #9204 EXHIBIT A LESSEE: City of Webster Groves ____________________________________ Dr. Marie Peoples, City Manager STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) On this ___ day of December, 2022, before me appeared Dr. Marie Peoples, to me personally known, who, being by me duly sworn, did say that she is the City Manager of the City of Webster Groves, a municipal corporation of the State of Missouri, and that, by authority of its City Council; and Dr. Marie Peoples acknowledge the instrument to be the free act and deed of the corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. __________________________ Notary Public My Commission Expires: __________________________________ Page 7 of 8 ORD. #9204 EXHIBIT A Exhibit A The Moody Parking Lot Page 8 of 8  CITY OF WEBSTER GROVES November 1, 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 7:36 p.m. Present at Roll Call: Mayor Laura Arnold Councilmember Pam Bliss Councilmember David Franklin Councilmember Emerson Smith (via zoom) Councilmember Karen D. Alexander Councilmember Sarah Richardson Councilmember Emily Hixson Shepherd A quorum was present. Also present: Dr. Marie Peoples, City Manager Mr. Neil Bruntrager, City Attorney Ms. Katie Nakazono, City Clerk PROCLAMATION The Mayor and Council recognized Rebecca Now for her service as Executive Director of the Webster Groves/Shrewsbury/Rock Hill Chamber of Commerce. REMARKS FROM THE COMMUNITY AND VISITORS Dave Buck, 124 S. Elm Ave., addressed Strategic Planning, etc. [Exhibit A] NEW BUSINESS – MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER No New Business. UNFINISHED BUSINESS BILL #9202 – THIRD READING On motion of Councilmember Hixson Shepherd, seconded by Councilmember Richardson, BILL #9202 – AN ORDINANCE AMENDING CHAPTER 60, ARTICLE VII, SECTION 60.975, SCHEDULE H OF THE CODE OF WEBSTER GROVES, “PARKING PROHIBITED”, TO RESTRICT PARKING ON LOCKWOOD COURT, having been introduced and read twice on October 18, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9202. Mayor Arnold called for the vote on Bill #9202. MEMBERS VOTING: AYES: BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD NOES: NONE Mayor Arnold stated that Bill #9202 was approved. November 1, 2022 BILL #9203 – THIRD READING On motion of Councilmember Alexander, seconded by Councilmember Richardson, BILL #9203 – AN ORDINANCE AUTHORIZING THE CITY OF WEBSTER GROVES TO ENTER INTO AN INTERGOVERNMENTAL COOPERATION AGREEMENT FOR THE INVESTMENT OF PUBLIC FUNDS THROUGH THE MISSOURI SECURITIES INVESTMENT PROGRAM, having been introduced and read twice on October 18, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9203. Mayor Arnold called for the vote on Bill #9203. MEMBERS VOTING: AYES: FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS NOES: NONE Mayor Arnold stated that Bill #9203 was approved. NEW BUSINESS FLOOD BUYOUT DISCUSSION Dr. Marie Peoples reviewed the applicable PowerPoint [Exhibit B], and answered questions. Ms. Perry answered questions as well. Responses to questions not readily available this evening, would be provided by staff at a later date. The Mayor and Council each addressed their current sentiment about the proposed options available, but no action/final decision was made on this date. CONSENT AGENDA A motion was made by Councilmember Franklin, seconded by Councilmember Bliss, to approve the Consent Agenda. Mayor Arnold called for the vote on the Consent Agenda. MEMBERS VOTING: AYES: SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN NOES: NONE Mayor Arnold stated that the Consent Agenda was approved. The following Consent Agenda was approved: • Approval of Minutes – October 18, 2022 • Resolution #2022-59 – Amending the Budget for FY-2023 Related to Deficit Reduction • Resolution #2022-60 – Amending the Budget for FY-2023 Related to Fire House 2 • Resolution #2022-61 – Adopting the Sustainability Plan Policy for the City of Webster Groves APPOINTMENTS TO BOARDS AND COMMISSIONS No appointments. EXECUTIVE (CLOSED) SESSION Councilmember Bliss made a motion, which was seconded by Councilmember Richardson, to go into Executive Closed Session per Attorney-Client Privileged Communications [MO Statute 610.021(1)] and Personnel [MO Statute 610.021 (3)] 2 November 1, 2022 Mayor Arnold called for the vote to go into Executive (Closed) Session. MEMBERS VOTING: AYES: ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN, SMITH NOES: NONE Mayor Arnold stated that they would go into Executive (Closed) Session. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 9:09 p.m. on motion of the Mayor, duly seconded. PASSED AND APPROVED this _______day of ____________________ 2022. ________________________ Mayor _______________ City Clerk 3  Exhibit A Nakazono, Katie From: Dave Buck <dave@buckstl.com> Sent: Wednesday, November 2, 2022 10:38 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; Ellis, Brett; Sarah Riss; Sebastian Bellomo Cc: Toni Hunt; Kathy Hart; Gerry Welch; info@injurylawstl.com; Bill Newhouse; Clark Hotaling; Farrell Carfield; croftrj@sbcglobal.net; Jaime Mowers; newsroom@timesnewspapers.com Subject: Dave Buck's Remarks in WG City Council Meeting, 11/1/22 Caution: This is an External Message ‐ Please be cautious when opening links or attachments May I first make a "Win‐Win" proposal: I will attend your next 3 hour strategic planning session this Saturday morning from 9:30 am ‐ 12:30 pm IF some of you attend our first‐ever "Webster Sings" singing talent show for 2 hours this Saturday evening from 7 pm ‐ 9 pm in the Community Music School Concert Hall on the Webster University campus! My apologies for my continued interest in this area, but I like strategic planning, believe in it, have done a lot of it and I am delighted you are working on creating a new strategic plan for the city. As such, I can't stop thinking about the great challenge and huge opportunity in front of you. In that regard, tonight I share, what is in my opinion, one of essential questions of strategic planning: What is your HIGHER PURPOSE? More specifically, what is the HIGHER PURPOSE of Webster Groves city government, as comprised of City Council & City Staff? This is not about your purpose, but your HIGHER PURPOSE because they can mean very different things. HIGHER is inspired by the familiar Maslow's Hierarchy of Needs. The 5 levels of its famous pyramid start at the bottom with basic, functional Physiological & Safety needs, but then ladders up to higher level & deeper personal emotional needs for Love & Belonging, Esteem, and Self‐Actualization, defined as achieving one's full potential as a human being. And, to me, Purpose and Mission are not the same. Mission is about action in the future. Whereas Purpose is about why you were put here in the first place. So, let's return to my original question, now asked as a fill in the blank: The HIGHER PURPOSE of Webster Groves city government, as comprised of City Council & City Staff, is ________________________________. I'll be the first to admit it if I am wrong, but my bet and hope is that your HIGHER PURPOSE is ultimately deeper, more personal & more meaningful to your residents than is your basic, functional purpose of providing city services, etc. 1 Asked differently, what is at the top of our Webster Groves community's hierarchy of needs pyramid??? And isn't fulfilling that need what your true HIGHER PURPOSE is all about??? 2 Flooding Relief B Update November 1, 2022 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. The City sent two NOIs – one for substantially damaged properties and one for the other less damaged properties before 9/23/22. Damaged Properties Financial Implications for City The City’s cost to acquire homes, according to the current SEMA-provided information, is, roughly, as follows: Substantially Damaged Properties $303,920 Not Substantially Damaged Properties $582,928 Repetitive Loss $57,873 All Homes Currently Requesting Buyouts $944,721 Amounts listed above are estimates based on information from SEMA and Planning & Development research. Fundamental Questions Are acquisitions, "buyouts", of substantially damaged properties the City's role? Considering the budgetary realities, are buyouts of substantially damaged properties the City's priority? Other questions for consideration: If buyouts are approved, what impacts would there be to City investments (infrastructure/services)? If buyouts are approved, does the purchase set a precedent for future flooding events? Council Options Wait for a final decision from FEMA regarding approvals on buyouts. Make purchases without waiting for FEMA's decision. Determine that the City will not move forward on buyouts without FEMA determination. Questions?  RESOLUTION #2022-62 A RESOLUTION SUPPORTING A 2022 MASTER PLANNING GRANT APPLICATION TO THE MUNICIPAL PARK GRANT COMMISSION FOR THE AQUATIC CENTER WHEREAS, the City Council of Webster Groves deems it necessary to improve the aquatic center to serve its citizens, and is requesting a Municipal Park Grant for Master Planning services. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Webster Groves, as follows: 1. An application be made to the Municipal Parks Grant Commission in the County of St. Louis for a grant-in-aid for some or all of the costs of the master planning services, reimbursable by the Commission upon completion by the City. 2. That a project proposal be prepared and submitted to the Municipal Parks Grant Commission. 3. The governing body hereby authorizes the City Manager to sign and execute necessary documents for forwarding the project proposal application and later execute an agreement for a grant-in-aid from the Municipal Parks Grant Commission. 4. If a grant is awarded, the City of Webster Groves will enter into an agreement or contract with the Commission regarding said grant. ADOPTED this _________day of____________________ 2022. ____________________________ MAYOR ATTEST: _________________________ CITY CLERK