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 – DECEMBER 6, 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: • Summer Meeting Schedule • Amending Chapter 42, Licensing and Regulation of Liquor, Related to Deleting Surety Bond Requirements • Investment Policy & Portfolio Review 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 – DECEMBER 6, 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. UNFINISHED BUSINESS 1. Bill #9204 – Third 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. NEW BUSINESS 1. Public Announcement of Open Public Comment Period for Federal Emergency Management Agency Public Assistance Funding Applied for by the City of Webster Groves for the City-wide Parks and Recreation Damage Related to the July 2022 Flooding Events  2. Bill #9205 – First & Second Reading - An Ordinance Granting a Conditional Use Permit to Telva, LLC to Allow Banquet Facility and Dancing Academy Uses on an Approximately 0.45-Acre Tract of Land in An Existing Structure at 60 N. Gore Avenue in the “D” Commercial District and Matters Related Thereto, and Repealing Ordinance #9150 3. Bill #9206 – First & Second Reading – An Ordinance Granting a Conditional Use Permit to Sunmojo, LLC to Allow a Restaurant, No Drive-Thru Use on an Approximately 0.42-Acre Tract of Land in An Existing Structure at 101 W. Lockwood Avenue in the “D” Commercial District and Matters Related Thereto, and Repealing Ordinance #7761 4. Bill #9207 – First & Second Reading – An Ordinance of the City of Webster Groves, Missouri, Amending Chapter 42, “Licensing and Regulation of Liquor”, Article 1, “Intoxicating Liquor” by Amending Section 42.028 “Bond Required” and Section 42.050 “Regulation of Retail Package Sales; Conditions of License” and Matters Related Thereto 5. Bill #9208 – First & Second Reading – An Ordinance Amending the Traffic Code, Chapter 60, by Amending Schedule H to Change the Parking Regulations for the Old Webster Business District VI. APPROVAL OF CONSENT AGENDA 1. Approval of Minutes – November 15, 2022 2. Resolution #2022-64 – Amending the Budget for Fiscal Year 2023 Related to a Police Department Grant 3. Resolution #2022-65 – Amending the Budget for Fiscal Year 2023, and Authorizing the City Manager to Enter into a Purchase Contract for Replacement of Emergency Service Radios for Police and Fire With Motorola Solutions, Inc., Under the Missouri State Contract VII. APPOINTMENTS TO BOARDS AND COMMISSIONS VIII. 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)] IX. 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 20, 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  FINAL PUBLIC NOTICE The City of Webster Groves has applied for Federal Emergency Management Agency (FEMA) Public Assistance (PA) funding through Missouri State Emergency Management Agency (SEMA) as a Subrecipient. Under the National Environmental Policy Act (NEPA), federal actions must be reviewed and evaluated for feasible alternatives and for social, economic, historic, environmental, legal, and safety considerations. Under Executive Order (EO) 11988 and EO 11990, FEMA is required to consider alternatives, and to provide a public notice of any proposed actions in or affecting floodplains or wetlands. EO 12898 also requires FEMA to provide the opportunity for public participation in the planning process and to consider potential impacts to minority and low- income populations. This notice may also fulfill requirements under Section 106 of the National Historic Preservation Act (NHPA). Funding for the proposed project will be conditional upon compliance with all applicable federal, tribal, state, and local laws, regulations, floodplain standards, permit requirements, and conditions. Subrecipient: City of Webster Groves, St. Louis County, MO. Project Title: Grants Manager #683552 – City-Wide Parks and Recreation Damage; PA-07- MO-4665-PW-0008. Location of Proposed Work: Site Name Date of Facility GPS Construction Baseball field, pedestrian Deer Creek Park 38.60650, -90.33478 Approx 1974 bridge, and the wood trail Special Flood Hazard Area Zone: All proposed work would take place in a Zone AE and the Regulatory Floodplain. Confirmation of the location in a Special Flood Hazard Area (SFHA) was determined by accessing the City of Webster Groves Flood Insurance Rate Map, Panel Number: 29189C0327K, effective on 02/04/2015. There is a potential for the facility to be impacted by future flooding events due to its location within the Regulatory Floodplain. The proposed work will take place adjacent to wetlands per the United States Fish and Wildlife Service National Wetlands Inventory but will have little potential to impact or affect wetland values. Proposed Work and Purpose: The City of Webster Groves proposes to make repairs to Deer Creek Park. Work to be completed includes removing and replacing fencing, railing, parking lot paint, two trash cans, field soil, trail mulch, and Wood trail stairs. Project Alternatives: Alternative #1 (No action): The 'no action' alternative would reduce the operating capacity of the park since the flood damages would not be repaired. The Wood trail would not be open to the public and the parking lot would be at reduced efficiency. Alternative #2 (Move the park out of the floodplain) This alternative would remove the entire park outside of the floodplain which would reduce the risk of future flood loss, however the cost of the action greatly outweighs the benefit. Comment Period: Comments are solicited from the public, local, state, or federal agencies, and other interested parties to consider and evaluate the impacts of the proposed project. The comments should be made in writing and addressed to the following email: teri.toye@fema.dhs.gov Please send comments with the subject line [DR-4665-MO-0008 11988 COMMENT]. All comments are due by no later than 15 days after the posted date of this notice. POSTED ON: November 21, 2022 End of Notice  11/29/2022 Announcement of Public Comment Period for FEMA Public Assistance Grants 1 www.webstergrovesmo.gov/AgendaCenter/ ViewFile/Agenda/_11212022-1456 PUBLIC NOTICE POSTED ON CITY WEBSITE IN AGENDA CENTER 2 1  11/29/2022 CITY APPLICATION The City of Webster Groves has applied for Federal Emergency Management Agency (FEMA) Public Assistance (PA) funding through Missouri State Emergency Management Agency (SEMA) as a Subrecipient. 3 LOCATION OF PROPOSED WORK Deer Creek Park Baseball Field, Pedestrian Bridge, and the Wood Trail Date of Construction – Approximately 1974 4 2  11/29/2022 PROPOSED WORK AND PURPOSE The City of Webster Groves proposes to make repairs to Deer Creek Park. Work to be completed includes removing and replacing fencing, railing, parking lot paint, two trash cans, field soil, trail mulch, and Wood trail stairs. 5 PROJECT ALTERNATIVES Alternative #1 (No action): The 'no action' alternative would reduce the operating capacity of the park since the flood damages would not be repaired. The Wood trail would not be open to the public and the parking lot would be at reduced efficiency. Alternative #2 (Move the park out of the floodplain) This alternative would remove the entire park outside of the floodplain which would reduce the risk of future flood loss, however the cost of the action greatly outweighs the benefit. 6 3  11/29/2022 Comment Period The comments should be made in writing and addressed to the following email: teri.toye@fema.dhs.gov Please send comments with the subject line [DR-4665-MO-0008 11988 COMMENT] 7 4  BILL # 9205 ORDINANCE # 9205 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO TELVA, LLC TO ALLOW BANQUET FACILITY AND DANCING ACADEMY USES ON AN APPROXIMATELY 0.45-ACRE TRACT OF LAND IN AN EXISTING STRUCTURE AT 60 N GORE AVENUE IN THE “D” COMMERCIAL DISTRICT AND MATTERS RELATED THERETO, AND REPEALING ORDINANCE #9150 WHEREAS, Chapter 53 of the Code of Webster Groves, particularly Section 53.159 “D” Permitted Uses allows for a “Banquet Facility” and “Dancing Academy in the “D” Commercial Zoning District of the City in accordance with the review standards outlined in Section 53.170 et seq.; and WHEREAS, Ordinance #9150 previously granted to McMillian Development LLC a conditional use permit to operate a “Banquet Facility” and “Dancing Academy at 60 N. Gore Avenue (the “Property”); and WHEREAS, Loryn Crowley, owner of Telva, LLC (the “Applicant”), has requested a transfer of ownership for that Conditional Use Permit to utilize the existing structure for various events and classes which would fall under a banquet facility or dancing academy use within a “D” Commercial District at the Property; and WHEREAS, Section 53.804(d) of the Zoning Code allows the Director of Planning and Development to directly review a request for a transfer of a CUP due to a change of ownership, but not a substantial change of use, without Plan Commission or City Council review when the Director of Planning and Development determines that the transfer will not affect the intensity of the use approved by the immediately preceding Ordinance granting a CUP; and WHEREAS, under such direct review, the City Council can approve, without a public hearing, a new ordinance for approval of the transfer of the CUP. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES: Section 1. The City Council hereby approves a Conditional Use Permit to Telva, LLC to operate a banquet facility and dancing academy within an existing structure on an approximately 0.45 acre tract of land at 60 N. Gore Avenue within the “D” Commercial District, subject to the following conditions: 1. All provisions of the City Code shall apply except as expressly modified in this Ordinance #9205. 2. All events held under the Banquet Facility use and Dancing Academy use shall be located within the existing footprint of the greenhouse and second floor of the existing commercial structure.  3. The uses shall not encroach further beyond the south front property line than the existing legal, nonconforming commercial structure. The Dimensional Regulations of the “D” Commercial District shall apply. 4. The maximum occupancy level for events of the Banquet Facility and Dancing Academy uses shall not exceed seventy-five (75) persons for daytime events held prior to 5pm and one hundred and fifty (150) persons for evening events held between 5pm and 11pm. 5. A minimum of sixty-five (65) off-street parking spaces shall be provided. An equivalent number of off-street parking spaces shall be provided through private parking lease agreements should existing parking facilities at 61 N Gore Ave and 147 W Pacific Ave be removed or become unavailable. 6. Hours of operation shall be limited to 7AM to 11 PM daily. 7. The applicant shall provide the Fire Department with an emergency egress plan. Fire Department approval of the emergency egress plan shall be necessary prior to business license approval. 8. This conditional use permit is personal to the owner and shall not run with the land. Section 2. Because the terms and conditions of Ordinance 9150 have been incorporated into this Ordinance, Ordinance 9150 is hereby repealed. Section 3. This Ordinance shall not 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 ATTEST: ____________________________ City Clerk  BILL #9206 ORDINANCE #9206 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO SUNMOJO, LLC TO ALLOW A RESTAURANT, NO DRIVE-THRU USE ON AN APPROXIMATELY 0.42-ACRE TRACT OF LAND IN AN EXISTING STRUCTURE AT 101 W. LOCKWOOD AVENUE IN THE “D” COMMERCIAL DISTRICT AND MATTERS RELATED THERETO, AND REPEALING ORDINANCE #7761 WHEREAS, Chapter 53 of the Code of Webster Groves, particularly Section 53.159 “D” Permitted Uses allows for a “Restaurant, No Drive-Thru” in the “D” Commercial Zoning District of the City in accordance with the review standards outlined in Section 53.170 et seq.; and WHEREAS, Ordinance #7761 previously granted to J.D.C. Restaurants, Inc., d/b/a C. J. Muggs, a conditional use permit to operate a “Restaurant, No Drive-Thru” at 101 W. Lockwood Avenue (the “Property”); and WHEREAS, Karl Wehner, owner of Sunmojo, LLC (the “Applicant”), has requested a transfer of ownership for that Conditional Use Permit to utilize the existing structure for operating the existing restaurant within a “D” Commercial District at the Property; and WHEREAS, Section 53.804(d) of the Zoning Code allows the Director of Planning and Development to directly review a request for a transfer of a CUP due to a change of ownership, but not a substantial change of use, without Plan Commission or City Council review when the Director of Planning and Development determines that the transfer will not affect the intensity of the use approved by the immediately preceding Ordinance granting a CUP; and WHEREAS, under such direct review, the City Council can approve, without a public hearing, a new ordinance for approval of the transfer of the CUP. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES: Section 1. The City Council hereby approves a Conditional Use Permit to Sunmojo, LLC to operate a restaurant, no drive-thru within an existing structure on an approximately 0.42 acre tract of land at 101 W. Lockwood Avenue within the “D” Commercial District, subject to the following conditions: 1. All provisions of the City Code shall apply except as expressly modified in this Ordinance #9206. 2. Hours of operation shall be limited to 7AM to 1 AM daily. 3. Outside dining shall be allowed only to the extent permitted by the City’s Sidewalk Dining regulations contained in Chapter 43, as amended. 4. The applicant shall be responsible for all pick-up of litter and restaurant related trash on restaurant property, and neighboring properties, on a daily basis. The area immediately around the restaurant dumpster(s) shall at all times be free of trash,  debris, and oil waste, with all trash and waste being placed inside the appropriate dumpsters in appropriate containers. 5. Outdoor speakers are prohibited and Section 53.144 “D” Performance Standards shall be followed. 6. The existing primary structure setbacks shall be those of the “D” Commercial District. 7. This conditional use permit is personal to the owner and shall not run with the land. Section 2. Because the terms and conditions of Ordinance 7761 have been incorporated into this Ordinance, Ordinance 7761 is hereby repealed. Section 3. This Ordinance shall not 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 ATTEST: ____________________________ City Clerk  Bill #9207 Ordinance #9207 AN ORDINANCE OF THE CITY OF WEBSTER GROVES, MISSOURI, AMENDING CHAPTER 42, “LICENSING AND REGULATION OF LIQUOR”, ARTICLE I, “INTOXICATING LIQUOR” BY AMENDING SECTION 42.028 “BOND REQUIRED” AND SECTION 42.050 “REGULATION OF RETAIL PACKAGE SALES; CONDITIONS OF LICENSE” AND MATTERS RELATED THERETO WHEREAS, the City Council of Webster Groves, Missouri, desires to amend language in Chapter 42, by removing regulations requiring applicants to submit a surety bond to the City of Webster Groves when making application for a liquor license. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, MISSOURI, AS FOLLOWS: Section 1. Chapter 42, “Licensing and Regulation of Liquor”, Article 1, “Intoxicating Liquor”, Section 42.028 “Bond Required” is hereby deleted, and Section 42.050, “Regulation of Retail Package Sales; Conditions of License” (a), is hereby amended as set forth below: Section 42.028. Bond Required. Before any initial application for a license authorizing the sale of intoxicating liquor at retail by the drink to be consumed upon the premises shall be approved, the director shall require of the applicant a bond satisfactory to him to be given to the city in the sum of Two Thousand Dollars ($2,000.00). The bond shall be written by a surety company authorized to write such bonds in the state and shall be conditioned that the person obtaining such license shall faithfully perform all duties imposed by law upon the applicant by the ordinances of the city and laws of the state, and that he will pay all taxes and license fees provided for by the ordinances of the city, or the state for the benefit of the city, together with all fines, penalties and forfeitures which may be adjudged against him. The bond shall provide that it may be sued upon in the name of the city or the state for the collection of any taxes, license fees, fines, penalties and forfeitures which may be adjudged against him. Section 42.050. Regulation of Retail Package Sales; Conditions of License. a. No license shall be issued except to a person or corporation engaged in and whose principal business is that of a drug store, cigar and tobacco store, grocery store, general merchandise store, convenience store without gasoline, specialty food store or delicatessen or supermarket, and then only if such person shall meet all of the requirements of this Chapter and have been engaged in the conduct and operation of such bona fide principal business at the time of issuance of the license, and provided further that at the time of issuance and continuously thereafter the gross sales of wares and merchandise, exclusive of intoxicating liquors, tobacco and lottery tickets, must exceed fifty percent (50%) of the business’s gross sales; each application for license shall be accompanied by appropriate records of the business documenting compliance with said provision. Such application shall likewise be accompanied by a surety bond as provided in Section 42.028 hereof. No license shall be issued in any event to any person engaged, or who expects or intends to engage, principally in the sale of intoxicating liquors in what is commonly known as “liquor stores.” 1  Section 2. This ordinance shall be printed in the Code of Webster Groves. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. 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 2  BILL #9208 ORDINANCE #9208 AN ORDINANCE AMENDING THE TRAFFIC CODE, CHAPTER 60, BY AMENDING SCHEDULE H TO CHANGE PARKING REGULATIONS FOR THE OLD WEBSTER BUSINESS DISTRICT WHEREAS, the Old Webster Special Business District Advisory Commission reviewed and discussed a request for change of a specific fifteen-minute parking area to better accommodate curbside pick-up of prepared food in light of the changed economic conditions as a result of the COVID-19 pandemic. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, MISSOURI: Section 1. Schedule H of Chapter 60 of the Code of Webster Groves is hereby amended to change public parking regulations for select parking spaces in the Old Webster Special Business District as follows. Each location shall include one parking space that will be re-designated to provide parking limited to fifteen (15) minutes only for delivery and pickup to/from local businesses, including delivery and pickup by customers: a. On the west side of S. Gore Avenue just south of the intersection with Lockwood Avenue (next to 100 W. Lockwood Avenue) b. On the south side of E. Lockwood Avenue in front of 126 E. Lockwood Avenue c. On the south side of W. Moody Avenue just east of the intersection with N. Gore Avenue (next to 24 N. Gore Avenue) d. On the west side of N. Gore Avenue just south of the northern access into the parking garage (in front of 21 N. Gore Avenue) e. On the south side of W. Lockwood Avenue immediately in front of 220 W Lockwood, Ste 100 just to the east of the parking lot access for 234 W. Lockwood Avenue Section 2. This ordinance shall be printed in the Code of Webster Groves. Section 3. The City Manager is hereby authorized and instructed to take such action as is necessary and appropriate to implement these parking restrictions. Section 4. 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 -1-  EXHIBIT A – MAP OF PARKING CHANGE Yellow Box – Current 15-minute Parking Space for Drop Off/Pick-Up Red Box – Proposed 15-minute Parking Space for Drop Off/Pick-Up  CITY OF WEBSTER GROVES November 15, 2022 The City Council met this date in a regular session, via Zoom only, due to a water main break, at 7:30 p.m. Present at Roll Call: Mayor Laura Arnold Councilmember David Franklin Councilmember Emerson Smith Councilmember Karen D. Alexander Councilmember Sarah Richardson Councilmember Emily Hixson Shepherd Absent at Roll Call: Councilmember Pam Bliss A quorum was present. Also present: Dr. Marie Peoples, City Manager Mr. Neil Bruntrager, City Attorney REMARKS FROM THE COMMUNITY AND VISITORS Judy Mann, on behalf of the Webster Groves Arts Commission, read a letter proposing naming the Sculpture Garden after former Mayor Gerry Welch. [Exhibit A] Dave Buck, 124 S. Elm Ave., attempted to comment, but due to a poor connection, Mayor Arnold asked him to please submit his comments via email, and we can include them in the minutes. [Mr. Buck advised that he will make his comments at the Dec 6, 2022 Council meeting.] NEW BUSINESS – MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER Mayor Arnold reminded the Council about the Welcome Home: How Thoughtful Housing Policy Promotes Thriving Communities presentation/discussion on December 15 – 9 a.m. – Noon. NEW BUSINESS BILL #9204 – FIRST & SECOND READING Councilmember Smith introduced BILL #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, 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. CONSENT AGENDA A motion was made by Councilmember Richardson, seconded by Councilmember Hixson Shepherd, to approve the Consent Agenda. November 15, 2022 Mayor Arnold called for the vote on the Consent Agenda. MEMBERS VOTING: AYES: FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD NOES: NONE ABSENT: BLISS Mayor Arnold stated that the Consent Agenda was approved. The following Consent Agenda was approved: • Approval of Minutes – November 1, 2022 • Resolution #2022-62 – A Resolution Supporting a 2022 Master Planning Grant Application to the Municipal Park Grant Commission for the Aquatic Center APPOINTMENTS TO BOARDS AND COMMISSIONS • Mark Vogl was reappointed to the Architectural Review Board as an Alternate Member. • Thomas Waltz was reappointed to the Board of Adjustment EXECUTIVE (CLOSED) SESSION There was no closed session. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 7:40 p.m. on motion of the Mayor, duly seconded. PASSED AND APPROVED this _______day of ____________________ 2022. ________________________ Mayor _______________ City Clerk 2  Exhibit A November 8, 2022 To the Mayor and City Council members, We, the undersigned members of the Webster Groves Arts Commission, propose to name the sculpture garden in honor of former mayor Gerry Welch. Gerry was vital to the realization of this project, which began with a visit to the studio of artist Catherine Magel in December 2010 and continued through the opening of the garden in May 2014, and the installation of the lighting in 2017. Gerry Welch was integrally involved in the project at every step of the way. The Catherine Magel Bird/Flower sculpture was the spark that inspired the sculpture garden, but it was Gerry’s leadership that made it happen. She shepherded early discussions that began with selecting an appropriate site for the sculpture. Gerry was the cheerleader who encouraged us to think beyond simply one site to recognize that this could be something larger – a sculpture Garden. Once that became the mission, Gerry worked with the SWT through several stages of the design, providing a simplified yet functional plan. She worked with the Department of Parks and Recreation to bring the garden part of the park to fruition. She also brought to the commission the idea to pursue loans for the two Ernst Trovas from St. Louis County. Under her stewardship, our application was accepted, adding 2 significant pieces of sculpture by a major artist to the park. Members of the commission as well as the staff of the City of Webster contributed time and effort to the creation of this project. However, it was Gerry’s wise guidance and sound leadership, not to mention her palpable excitement, that ensured the successful completion of this wonderful city asset. There is no more fitting way to mark her enormous contribution than to name the park in her honor – the “Gerry Welch Sculpture Garden.” Sincerely, John Ahearn, Marilynne Bradley, Kathie Cahoon, Alex Elmestad, Dottie Englis, Rob Longstreet, Judith Mann, Patrick Murphy, and Jan Shapiro. 4 E. LOCKWOOD AVE | WEBSTER GROVES | MISSOURI | 63119 WEBSTERGROVESMO.GOV  RESOLUTION 2022-64 AMENDING THE BUDGET FOR FISCAL YEAR 2023 RELATED TO A POLICE DEPARTMENT GRANT WHEREAS, the Webster Groves Police Department has been awarded a grant for a new mobile data terminal. 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 Grant Fund of $6,951 in both revenue and expenditures. Passed and approved on this _______ day of ___________, 2022. __________________________________________ Mayor ATTEST: ______________________________________ City Clerk  RESOLUTION 2022-65 AMENDING THE BUDGET FOR FISCAL YEAR 2023, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE CONTRACT FOR REPLACEMENT OF EMERGENCY SERVICE RADIOS FOR POLICE AND FIRE WITH MOTOROLA SOLUTIONS, INC., UNDER THE MISSOURI STATE CONTRACT WHEREAS, current radios for Police and Fire services will reach end of life sooner than expected due to technology changes; and WHEREAS, the Police Department has maintained a yearly replacement plan in the Capital Improvement Program (CIP) and the Fire Department does not currently have radio replacement scheduled in the CIP; and WHEREAS, the St. Louis County Council has declined the County’s Emergency Communications Commission request to dedicate a portion of the County’s American Rescue Plan funds to subsidize the needed radio purchases for departments across the county thereby returning the burden for the purchases to the local agencies; and WHEREAS, in order to avoid cost increases that will go into effect in 2023 and to achieve the quoted discounts, a purchase order is necessary by December 9; and WHEREAS, Motorola Solutions, Inc, has provided a quote of $389,994.55 for the purchase of forty (40) portable handheld radios, eighteen (18) in-vehicle radios, associated service plans and spare batteries; and WHEREAS, pursuant to Webster Groves Code 3.140 (b) and (c), Motorola Solutions, Inc., is the exclusive provider of radio equipment to agencies in St. Louis County and this quote is made under the cooperative purchasing authority of the Missouri State Contract; 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 $389,995 in the American Rescue Plan fund, and BE IT FURTHER RESOLVED, that the City Manager is authorized to proceed into a contract for purchase of portable and in-vehicles radios with Motorola Solutions, Inc for an amount not to exceed $389,995. Passed and approved on this _______ day of ________, 2022. __________________________________________ Mayor ATTEST: ______________________________________ City Clerk