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 the meetings are available at www.webstergrovesmo.gov/virtualmeetings. [Please note, due to the ongoing pandemic, masks are recommended.] CITY OF WEBSTER GROVES COUNCIL WORK SESSION AGENDA DATE: TUESDAY – JANUARY 3, 2023 6:30 P.M. LOCATION – CITY HALL IN-PERSON AND VIRTUALLY #4 E. LOCKWOOD AVENUE 1. BOARD & COMMISSION INTERVIEWS 2. REVIEW REGULAR AGENDA 3. MAYOR/COUNCIL/CITY MANAGER ISSUES/MEETING UPDATES 4. TOPICS: • City Owned Property • Boards & Commissions Update 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 – JANUARY 3, 2023 7:45 P.M. LOCATION–CITY HALL-#4 E. LOCKWOOD IN-PERSON AND VIRTUALLY 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 meetings available at www.webstergrovesmo.gov/virtualmeetings. [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 #9209 – Third Reading – An Ordinance Granting a Conditional Use Permit to Telva, LLC to Allow a Coffee Shop, No Drive-Thru Use 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 2. Bill #9210 – Third Reading – An Ordinance Authorizing the City Manager to Execute, on Behalf of the City of Webster Groves, a Temporary Construction Easement to the Missouri-American Water Company to Relocate the Water Main Along N. Elm Avenue at Kirkham Avenue for the Culvert Replacement Project  3. Bill #9211 – Third Reading - An Ordinance Imposing A Sales Tax At A Rate Of Three Percent On All Tangible Personal Property Retail Sales Of Adult Use Marijuana Sold Within The City Of Webster Groves, Missouri, Pursuant To Article XIV, Section 2.6(5) Of The Missouri Constitution Subject To The Approval By The Voters Of The City At The General Municipal Election To Be Held On April 4, 2023; Designating The Form Of Ballot; And Directing The City Clerk To Provide Notice Of Said Election V. APPROVAL OF CONSENT AGENDA 1. Approval of Minutes – December 20, 2022 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 – JANUARY 17, 2023  BILL #9209 ORDINANCE #9209 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO TELVA, LLC TO ALLOW A COFFEE SHOP, NO DRIVE-THRU USE 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 WHEREAS, the Zoning Code of Webster Groves provides the City Council may, by conditional use permit issued under the provisions of Section 53.140 and 53.159, authorize the use of property in the “D” Commercial District for a “Coffee Shop, No Drive-Thru”; and WHEREAS, the property located at 60 N. Gore Avenue (the “Property”) was used for mixed commercial and office purposes most recently; and WHEREAS, Telva, LLC, (the “Applicant”) has applied for a conditional use permit that allows for a Coffee Shop, on an approximately 0.8 acre tract of land with an existing building at 60 N. Gore Avenue, in the “D” Commercial District; 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 December 5, 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, December 20, 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 set backs 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. 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: Page 1  1. All provisions of the City Code shall apply except as expressly modified in this Ordinance No. 9209. 2. Hours of operation shall not exceed the following: 6:00 am- 4:00 pm daily. 3. 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. 4. 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. 5. 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. PASSED AND APPROVED this ____ day of ________________ 2023. __________________________________ Mayor ATTEST: __________________________________ City Clerk Page 2  Bill #9210 Ordinance #9210 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF WEBSTER GROVES, A TEMPORARY CONSTRUCTION EASEMENT TO THE MISSOURI-AMERICAN WATER COMPANY TO RELOCATE THE WATER MAIN ALONG N. ELM AVENUE AT KIRKHAM AVENUE FOR THE CULVERT REPLACEMENT PROJECT WHEREAS, Missouri-American Water Company, a Missouri corporation with offices located at 727 Craig Road, St. Louis, MO, 63141 (MAWC), has determined that it will need to relocate the water main along N. Elm Avenue at Kirkham Avenue for the culvert replacement project; and WHEREAS, the City desires to cooperate with MAWC in granting a temporary construction easement subject to certain terms and restrictions that protect the City, should that ever become necessary, during the culvert replacement project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, MISSOURI, AS FOLLOWS: Section 1. The City Manager is hereby authorized to and shall, on behalf of the City, execute a temporary construction easement in a form approved by the City Attorney granting MAWC the right to construct said water main pipe, on, under or across the culvert project area, as more particularly described in “Exhibit A” subject to those terms and restrictions that protect use of all land at this location. This temporary construction easement shall cease to exist one year after the signing of this temporary construction easement. 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 _______________, 2023. _______________________________ MAYOR ATTEST: ____________________________ CITY CLERK 2  TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, on this ________day of ____________, 2023, that the undersigned City of Webster Groves, Missouri, a municipal corporation, (“Grantor”), owner of a tract of land being The South 40 feet of Lot 4 and All of Lots 5 through 12 inclusive in Block 1 and part of Lots 1, 2, 3, 4, 5, and 6 and all of Lots 8,9,10,11,12,14,15,16 and part of Lots 13, 17 and 18 in Block 2 of Panola Heights, a subdivision, according to the plat thereof recorded in Plat Book 13, Page 59 of the St. Louis County Records, St. Louis County, Missouri, having acquired title to said lots by deed recorded in Book 7123 Page 1401 of the St. Louis County Records, for and consideration of the sum of One Dollar ($1.00) paid by Missouri- American Water Company, a Missouri Corporation with offices located at 727 Craig Road, St. Louis, Missouri, 63141 the receipt of which is hereby acknowledged, and for other good and valuable considerations do by these presents grant, convey and confirm unto the Missouri-American Water Company, its successors and assigns, a temporary easement shown as hatchured ///// on the enclosed drawing marked Exhibit A. Said temporary construction easement to be used for ingress and egress, transportation, boring pits, materials, equipment, machinery and for all necessary construction purposes connected with the installation of a water main for our N. Elm Avenue at Kirkham Road Project. Said easement is accepted by the Missouri-American Water Company with the understanding and on the condition that when the water main installation is completed that the Missouri-American Water Company will restore the temporary construction easement as nearly as practicable to its former condition. The temporary construction easement shall cease to exist one year after the signing of this temporary construction easement. IN WITNESS WHEREOF, this instrument has been executed on this ___day of _______________, 2023. CITY OF WEBSTER GROVES, MISSOURI BY_________________________________ City Manager ATTEST: _____________________________ __________________________________ City Clerk Federal I.D. # STATE OF MISSOURI ) ) SS: COUNTY OF ST. LOUIS ) On this ________ day of ________________, 2023, before me appeared Marie Peoples to me known, who, being by me duly sworn did say that he/she is the City Manager of the City of Webster Groves, Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said City of Webster Groves, Missouri and that said instrument was signed and sealed in behalf of the city of Webster Groves, Missouri by authority of Ordinance No. passed , 2023. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My commission expires: ______________________ ___________________________________ Notary Public Exhibit A N ELM AVENUE (WIDTH VARIES) S ) RIE VA T H ID (W A M H I RK K W  BILL NO. 9211 ORDINANCE NO. 9211 AN ORDINANCE IMPOSING A SALES TAX AT A RATE OF THREE PERCENT ON ALL TANGIBLE PERSONAL PROPERTY RETAIL SALES OF ADULT USE MARIJUANA SOLD WITHIN THE CITY OF WEBSTER GROVES, MISSOURI, PURSUANT TO ARTICLE XIV, SECTION 2.6(5) OF THE MISSOURI CONSTITUTION SUBJECT TO THE APPROVAL BY THE VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 4, 2023; DESIGNATING THE FORM OF BALLOT; AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF SAID ELECTION WHEREAS, on November 8, 2022, the electors of the State of Missouri approved Amendment 3 to the Missouri Constitution enacting Section 2 of Article XIV of the Missouri Constitution effective December 8, 2022; and WHEREAS, the newly enacted Article XIV, section 2.6(5) of the Missouri Constitution authorizes the City of Webster Groves, Missouri to impose, by ordinance, an additional sales tax in amount not to exceed three percent on all tangible personal property retail sales of adult use marijuana sold in such political subdivision subject to approval by voters of the City of Webster Groves, Missouri; and WHEREAS, the City Council finds that it is in the best interests of the citizens of the City of Webster Groves, Missouri to impose a sales tax of three percent on all tangible personal property retail sales of adult use marijuana sold in the City of Webster Groves, Missouri and to submit the same to the voters of the City for approval by a majority of those voting at the general municipal election to be held on April 4, 2023. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEBSTER GROVES, MISSOURI AS FOLLOWS: SECTION 1 – ADULT USE MARIJUANA SALES TAX. A sales tax at the rate of three percent on all tangible personal property retail sales of adult use marijuana sold in the City of Webster Groves, Missouri, as authorized by Article XIV, section 2.6(5) of the Missouri Constitution, is hereby imposed. The tax imposed hereunder shall be in addition to any and all other sales taxes allowed by law. SECTION 2 – EFFECTIVE DATE. The sales tax imposed by this Ordinance shall not be effective unless approved by a majority of the votes cast by the qualified voters voting thereon at the General Municipal Election to be held on April 4, 2023, at which election a proposal to authorize the City Council of the City of Webster Groves, Missouri, to impose the tax herein provided for shall be submitted to the voters of the City of Webster Groves.  SECTION 3 – FORM OF BALLOT. The ballot to be used in such election shall contain the following question: PROPOSITION M Shall the City of Webster Groves, Missouri, impose a sales tax of three percent (3%) on all retail sales of adult use marijuana sold in the City of Webster Groves, Missouri? □ Yes □ No SECTION 4 – NOTICE OF ELECTION. The City Clerk is hereby directed to notify the Board of Elections of St. Louis County, Missouri, of the enactment of this Ordinance no later than 5:00 p.m. on Tuesday, January 24, 2023, in accordance with the Comprehensive Election Act, Chapter 115 of the Revised Statutes of Missouri, as amended. PASSED AND APPROVED this _____ day of ______________ 2023. Mayor Attest: City Clerk  CITY OF WEBSTER GROVES December 20, 2022 The City Council met this date in a regular session, in-person in the Council Chambers, and via Zoom, at 7:50 p.m. Present at Roll Call: Mayor Laura Arnold Councilmember Pam Bliss Councilmember David Franklin Councilmember Emerson Smith 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 Katie Nakazono, City Clerk PUBLIC HEARING - TELVA @T THE RIDGE (60 N. GORE AVENUE) An Application By Loryn Crowley For A Conditional Use Permit To Allow A Coffee Shop, No Drive-Thru Use In The Existing Structure Located On A 0.45 Acre Lot At 60 N. Gore Avenue In The “D” Commercial District Mayor Arnold opened the public hearing, and Director of Planning and Development Mara Perry gave a presentation. [See Exhibit A] Kevin Hasting, 73 Marshall Place, read a statement, and addressed his concerns with regard to the early start time, and associated noise. [See Exhibit B submitted to Plan Commission.] City Attorney Neil Bruntrager entered the following into the public record: • Plan Commission staff report by Mara Perry, Director of Planning and Development for meeting date December 5, 2022 • Applicant’s written statement, survey of the property and proposed floor plans and sketches • Letter from Kevin Hasting, 73 Marshall Place dated December 5, 2022 • Draft Minutes from the Plan Commission meeting date December 5, 2022 • Mara Perry’s Powerpoint before the City Council December 20, 2022 • Zoning Code of the City of Webster Groves Mayor Arnold stated that the public hearing was closed. BILL #9209 – FIRST & SECOND READING Councilmember Hixson Shepherd introduced BILL #9209 - AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO TELVA, LLC TO ALLOW A COFFEE SHOP, NO DRIVE-THRU USE 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 at the Councilmember’s request, the December 20, 2022 Bill was read twice, first and second times by title only, and placed on the agenda for future consideration of the Council. Council and staff discussed the start time of the business. Since the applicant was not in attendance this evening, the Council asked staff to have the applicant put something in writing, or attend the next meeting, to discuss the start time of their business. [Following the meeting, the applicant advised staff that they would attend the January 3, 2023 Council meeting to discuss the issue.] REMARKS FROM THE COMMUNITY AND VISITORS Dave Buck, 124 S. Elm Ave., was not in attendance at the meeting, but submitted comments to be included in the meeting minutes. (See Exhibit C) NEW BUSINESS – MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER No new business. UNFINISHED BUSINESS BILL #9205 – THIRD READING On motion of Councilmember Alexander, seconded by Councilmember Richardson, BILL #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, having been introduced and read twice on December 6, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9205. Mayor Arnold called for the vote on Bill #9205. MEMBERS VOTING: AYES: BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD NOES: NONE Mayor Arnold stated that Bill #9205 was approved. BILL #9206 – THIRD READING On motion of Councilmember Franklin, seconded by Councilmember Smith, BILL #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, having been introduced and read twice on December 6, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9206. Mayor Arnold called for the vote on Bill #9206. MEMBERS VOTING: AYES: FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS 2 December 20, 2022 NOES: NONE Mayor Arnold stated that Bill #9206 was approved. BILL #9207 – THIRD READING On motion of Councilmember Bliss, seconded by Councilmember Richardson, BILL #9207 – 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, having been introduced and read twice on December 6, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9207. Mayor Arnold called for the vote on Bill #9207. MEMBERS VOTING: AYES: SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN NOES: NONE Mayor Arnold stated that Bill #9207 was approved. BILL #9208 – THIRD READING On motion of Councilmember Smith, seconded by Councilmember Richardson, BILL #9208 – AN ORDINANCE AMENDING THE TRAFFIC CODE, CHAPTER 60, BY AMENDING SCHEDULE H TO CHANGE THE PARKING REGULATIONS FOR THE OLD WEBSTER BUSINESS DISTRICT, was taken up its title read a third time and placed upon its passage to become Ordinance #9208. Mayor Arnold called for the vote on Bill #9208. MEMBERS VOTING: AYES: ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN, SMITH NOES: NONE Mayor Arnold stated that Bill #9208 was approved. NEW BUSINESS BILL #9210 – FIRST & SECOND READING Councilmember Richardson introduced BILL #9210 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF WEBSTER GROVES, A TEMPORARY CONSTRUCTION EASEMENT TO THE MISSOURI- AMERICAN WATER COMPANY TO RELOCATE THE WATER MAIN ALONG N. ELM AVENUE AT KIRKHAM AVENUE FOR THE CULVERT REPLACEMENT PROJECT, 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 #9211 – FIRST & SECOND READING Councilmember Hixson Shepherd introduced BILL #9211 - AN ORDINANCE IMPOSING A SALES TAX AT A RATE OF THREE PERCENT ON ALL TANGIBLE PERSONAL PROPERTY RETAIL SALES OF ADULT USE MARIJUANA SOLD WITHIN THE CITY 3 December 20, 2022 OF WEBSTER GROVES, MISSOURI, PURSUANT TO ARTICLE XIV, SECTION 2.6(5) OF THE MISSOURI CONSTITUTION SUBJECT TO THE APPROVAL BY THE VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 4, 2023; DESIGNATING THE FORM OF BALLOT; AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF SAID ELECTION, 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 #9212 – FIRST, SECOND & THIRD READING Councilmember Alexander introduced BILL #9212 - AN ORDINANCE DEFINING THE PAY GRADES OF THE CLASSIFIED AND UNCLASSIFIED SERVICE OF THE CITY OF WEBSTER GROVES, FIXING THE COMPENSATION FOR EMPLOYEES IN SAID CLASSIFICATIONS, AND REPEALING ORDINANCE NO. 9187, 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. Councilmember Franklin made a motion to conduct the Third Reading this evening of Bill #9212, due to the compelling reason that this Bill needs to be approved this evening so the salary increases could be put in place as soon as possible, with the enactment of said contracts, which motion was seconded by Councilmember Richardson. Mayor Arnold called for the vote to conduct the Third Reading of Bill #9212 this evening. MEMBERS VOTING: AYES: RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN, SMITH, ALEXANDER NOES: NONE Mayor Arnold stated that the Third Reading of Bill #9212 would be conducted this evening. BILL #9212 – THIRD READING BILL #9212 - AN ORDINANCE DEFINING THE PAY GRADES OF THE CLASSIFIED AND UNCLASSIFIED SERVICE OF THE CITY OF WEBSTER GROVES, FIXING THE COMPENSATION FOR EMPLOYEES IN SAID CLASSIFICATIONS, AND REPEALING ORDINANCE NO. 9187, having been introduced and read twice on December 20, 2022, was taken up its title read a third time and placed upon its passage to become Ordinance #9212 Mayor Arnold called for the vote on Bill #9212 MEMBERS VOTING: AYES: HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON NOES: NONE Mayor Arnold stated that Bill #9212 approved. CONSENT AGENDA A motion was made by Councilmember Bliss, seconded by Councilmember Richardson, to approve the Consent Agenda. 4 December 20, 2022 Mayor Arnold called for the vote on the Consent Agenda. MEMBERS VOTING: AYES: ARNOLD, BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD NOES: NONE Mayor Arnold stated that the Consent Agenda was approved. The following Consent Agenda was approved: • Approval of Minutes – December 6, 2022 • Resolution #2022-66 – Adopting an Investment Policy • Liquor License – Application to Sell Liquor by the Drink for Consumption on the Premises Where Sold, and on Sundays, by Sunmojo LLC, d/b/a Bistro XI, 101 W. Lockwood Avenue • Resolution #2022-67 - Authorizing the City Manager to Enter into a Contract for Roof Restorations at City Hall and the Service Center, and Amending the Budget for Fiscal Year 2023 • Resolution #2022-68 – Authorizing the City Manager to Enter into a Contract for Engineering Services for the Elm Avenue Project Between Glendale Road and Watson Road • Resolution #2022-69 - Authorizing the City Manager to Enter into Three Collective Bargaining Agreements with the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15, for the Police Officers, Police Sergeants, and Police Lieutenants, Respectively; Authorizing the City Manager to Enter into a Letter of Understanding with the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15, and Amending the Budget for Fiscal Year 2023 APPOINTMENTS TO BOARDS AND COMMISSIONS • Julia Leening was appointed to the Business Development Commission. • Kyle Wilson was appointed to the Plan Commission. 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)], Personnel [MO Statute 610.021 (3)], and Negotiated Contract [Mo Statute 610.021 (12)]. Mayor Arnold called for the vote to go into Executive (Closed) Session. MEMBERS VOTING: AYES: BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD 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 10:19 p.m. on motion of the Mayor, duly seconded. 5 December 20, 2022 PASSED AND APPROVED this _______day of ____________________ 2022. ________________________ Mayor ____________ City Clerk 6 City Council December 20, 2022 Exhibit A 22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) An application by Loryn Crowley for a Conditional Use Permit to allow a Coffee Shop, No Drive-Thru use in the existing structure located on a 0.45 acre lot at 60 N. Gore Avenue in the “D” Commercial District. Mara M. Perry, AICP, Director of Planning & Development  22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) Zoning • “D” Commercial District with a CUP Surrounding Uses • North: “D” Commercial District • East: “A4” Seventy-Five Hundred Square Foot Residence District • South: “D” Commercial District • West: “PC” Planned Commercial District including office, surface parking, retail, and auto body repair uses  22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) Existing Conditions - Looking east from N. Gore Ave. Looking north from N. Gore Ave. Looking SW from Marshall Place Looking west from Marshall Place  22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) History – • 1893- Existing structure built as Henry Shultz Feed & Grain Store • 1923- 60 N Gore Ave. zoned “E” Industrial District • 1959- Harriet and James McMillan opened Rolling Ridge Nursery • 1987- 60 N Gore zoned “D” Commercial District along with many of the commercial & industrial properties in Old Webster commercial district • 2021 – CUP for The Willow in Webster Additional office tenants have utilized space within the existing commercial building  22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) Comprehensive Plan Analysis – In 2017, the City incorporated the 2006 DFP maps into a consolidated Comprehensive Plan Map Amendment The 2017 Comprehensive Plan Map Amendment recommended Mixed-Use Development at the subject properties along with much of the Old Webster commercial area Staff has determined that a Conditional Use Permit to allow a Coffee shop no drive-thru use at the subject property would be appropriate within the commercial and mixed use designation in the city’s Comprehensive Plan.  22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) Zoning Analysis: Conditional Use Permit Per Sec. 53.173(c), the Council shall determine whether the proposed coffee shop, no drive-thru 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. 5. Overtax public utilities.  22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) Zoning Analysis – Use – • The applicant proposes to use the existing structure on the property for the coffee shop. • Seasonal outdoor seating is proposed within the Rolling Ridge plant area along the Gore frontage. • The area proposed for the coffee shop use is within the area that had been designated for the event space approved under ordinance #9150. The coffee shop will use the same area that had been designated for the catering/ serving area.  22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) Parking Analysis– Table 1. Parking supply • Staff during the review of the CUP for Location Number of Parking Spaces the event space determined a range of 60 N Gore Ave 5 30-65 parking spaces. 61 N Gore Ave 30 • With the overlapping use of the coffee 147 W Pacific Ave 30 shop within the event space, the calculations on required parking would Total: 65 parking spaces remain the same. • Should the parking areas be restriped or reconfigured between the three properties, the requirement for 65 parking spaces will remain in place.  22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) Hours of Operation • 6am to 4pm, all days of the week • Letter from neighbor regarding early morning noise prior to opening time Performance Standards & Lighting • Regulating levels of noise, vibration, odor, smoke, and other externalities of operations that may impact neighboring properties • Max lighting is 0.5 foot-candles at any residential property line Optional condition: Access to the coffee shop use prior to 6 am opening time will be from the Gore street entrance.  22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) Dimensional Regulations The existing commercial building encroaches beyond the south front property line 1.11-feet into the Marshall Place right of way. • A legal non-conforming structure • Existing structure is allowed to remain in place with interior renovations and change of use as a legal, nonconforming structure. Staff does not recommend placing additional dimensional regulations upon the proposed use.  22-PC-07 Telva @t the Ridge (60 N. Gore Avenue) Recommendation – Should the Plan Commission recommend approval of the CUP, staff recommends the following conditions: 1. All provisions of the City Code shall apply except as expressly modified in this Ordinance. 2. Hours of operation shall not exceed the following: 6:00 am- 4:00 pm daily. 3. 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. 4. 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. 5. This Conditional Use Permit is personal to the Applicant and shall not run with the land. Exhibit B  Exhibit C Nakazono, Katie From: Dave Buck <dave@buckstl.com> Sent: Wednesday, December 21, 2022 9:53 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 Cc: Sebastian Bellomo; Toni Hunt; Kathy Hart; info@injurylawstl.com; Bill Newhouse; Gerry Welch; Jaime Mowers; Kevin Murphy; Clark Hotaling; cwalch88@gmail.com; RONALD ZAGER; John Eppers; Jeanne Kirkton; Jo Doll; Christine Keller; John Simpson; anubis1243 @gmail.com; karen-stout@att.net Subject: Dave Buck's "Remarks from the Community & Visitors" in the 12/20/22 Regular City Council Meeting Caution: This is an External Message - Please be cautious when opening links or attachments We celebrated one of our grandkid’s 8th birthday last night, so I was unable to attend your City Council meeting. Below are the remarks I would have shared had I been there. To City Council & City Staff, Changing “Remarks of Visitors” to “Remarks from the Community & Visitors” was a positive change to Council’s regular meeting agenda. May I please suggest TWO more positive changes, borrowed directly from the meetings of the Webster Groves School Board. Immediately following Katie’s roll call, open every meeting by adding TWO things in order: The PLEDGE OF ALLEGIANCE. Other governmental entities which recite it in their regular meeting agendas include the United States Senate & House, the Missouri State Senate & House, and closer to home, the City Councils of Kirkwood, Rock Hill, Brentwood, Sunset Hills, Manchester, Chesterfield, Ballwin and the list goes on. But not every government entity includes it. And I have it on good authority that some of your residents would likely oppose it for various reasons. So, it is your choice. But the flag is right there on your podium and the Pledge takes 1 approximately 10 seconds to recite. Speaking personally, I think it’s a good idea & practice, as every Pledge we make humbles and reminds us that we are all united as one country and that we are part of something much bigger than ourselves. CELEBRATIONS FROM CITY COUNCIL & CITY STAFF. The School Board does this at EVERY meeting. Don’t get me wrong. You routinely recognize the performance of your different city boards and commissions in your work sessions and make occasional proclamations during regular meetings of special individual or group accomplishments, plus retirements, etc. But I’m talking about standardizing such celebrations at the beginning of EVERY regular meeting. And in choosing your celebrants, you may wish to take a page from Sports Illustrated’s great regular feature called “Faces In The Crowd” and celebrate our unsung heroes & ordinary residents who do extraordinary things every day for the good of the community. For example, celebrating our friends, cooks & staff, like Ali, Essa, Carrie & Ashley, at Webster’s own beloved Boardwalk Café, would be a terrific choice and would mean so much to them. In short, it doesn’t take long to do and the celebrated people don’t even have to be there. But it can go a long way in making your residents feel valued and that they matter, plus you get to start every meeting on a positive & uplifting note. Thank YOU! 2