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. All those attending in person must comply with masking and other public health measures as ordered by the City of Webster Groves. CITY OF WEBSTER GROVES COUNCIL WORK SESSION AGENDA DATE: TUESDAY – JULY 18, 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. TOPIC: • FY-2023 Quarterly Fiscal 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 – JULY 18, 2023 7:30 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. All those attending in person must comply with masking and other public health measures as ordered by the City of Webster Groves. 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. COMMUNITY DAYS AWARDS III. REMARKS FROM THE COMMUNITY AND VISITORS IV. NEW BUSINESS - MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER V. UNFINISHED BUSINESS 1. Bill #9231 – Third Reading – An Ordinance Granting a Conditional Use Permit to Different Dynamics to Allow an Educational Facility, School for the Arts Use on an Approximately 1.67-Acre Tract of Land in An Existing Structure at 45 W. Lockwood Avenue in the “D” Commercial District and Matters Related Thereto VI. NEW BUSINESS 1. Resolution #2023-31 – Adopting the City of Webster Groves Strategic Plan VII. APPROVAL OF CONSENT AGENDA 1. Approval of Minutes – July 5, 2023  2. Resolution #2023-32 - A Resolution Restating and Affirming Ordinance #7669 Which Established Section 2.080 of the Code of Webster Groves, “Compliance With the State Conflict of Interest Law” 3. Resolution #2023-33 – Authorizing the City Manager to Approve the Renewal Purchase of a Body Camera and Data Storage System for the Police Department VIII. APPOINTMENTS TO BOARDS AND COMMISSIONS IX. 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)] X. 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– AUGUST 1, 2023 [NOTE: THE AUGUST 15, 2023 COUNCIL MEETING IS CANCELED.]  BILL # 9231 ORDINANCE # 9231 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO DIFFERENT DYNAMICS TO ALLOW AN EDUCATIONAL FACILITY, SCHOOL FOR THE ARTS USE ON AN APPROXIMATELY 1.67-ACRE TRACT OF LAND IN AN EXISTING STRUCTURE AT 45 W LOCKWOOD 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 an “Educational Facility, School for the Arts”; and WHEREAS, the property located at 45 W. Lockwood Avenue (the “Property”) is used for a place of worship most recently; and WHEREAS, Different Dynamics (the “Applicant”), is requesting a Conditional Use Permit to utilize the classroom spaces in the existing structure for classes which would fall under an educational facility, school for the arts use within a “D” Commercial District (the “Application”); and 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 June 5, 2023, 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 July 5, 2023 at 7:30 p.m., where the Council heard and considered comments and suggestions by those present; and WHEREAS, the City Council has determined, in accordance with Section 53.176.b of the Zoning Code, that the existing building setbacks are not being changed and shall continue to govern structures on the Property; and WHEREAS, the City Council has determined, in accordance with the provisions of Chapter 53.170 et seq. 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:  Section 1. The City Council hereby approves a Conditional Use Permit to Different Dynamics to operate an educational facility, school for the arts use within an existing structure on an approximately 1.67 acre tract of land at 45 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 #9231. 2. All activities of the Educational Facility, School for the Arts use shall be located within the existing structure of the subject property. 3. Hours of operation shall be limited to Mondays-Fridays 8 am-9 pm and Saturdays 10 am-2 pm. 4. This conditional use permit is personal to the owner 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 become effective immediately upon passage and approval. Passed and Approved this _____ day of _______________ 2023. _____________________________ Mayor ATTEST: ____________________________ City Clerk  RESOLUTION 2023-31 ADOPTING THE CITY OF WEBSTER GROVES STRATEGIC PLAN WHEREAS, the City of Webster Groves City Council, City Manager and Departments have been engaged in a process of discernment and development of the City’s strategic plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Webster Groves, Missouri, that the attached Exhibit A, be adopted as the City of Webster Groves Strategic Plan; and BE IT FURTHER RESOLVED, that the City Manager may reproduce the strategic plan in different formats consistent with adopted mission, vision, values, goals and tactics of the plan. Passed and approved on this _______ day of ________, 2023. __________________________________________ Mayor ATTEST: ______________________________________ City Clerk  CITY OF WEBSTER GROVES July 5, 2023 The City Council met this date in a regular session, in-person in the Council Chambers, and via Zoom, at 7:36 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 Neil Bruntrager, City Attorney PROCLAMATIONS/RECOGNITIONS The Mayor and Council recognized Billy Kreitler as Firefighter of the Year. PUBLIC HEARING DIFFERENT DYNAMICS (45 W. LOCKWOOD AVENUE): AN APPLICATION BY DIFFERENT DYNAMICS FOR A CONDITIONAL USE PERMIT TO ALLOW AN EDUCATIONAL FACILITY, SCHOOL FOR THE ARTS USE IN AN EXISTING STRUCTURE LOCATED ON A 1.67 ACRE LOT AT 45 W. LOCKWOOD 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). Jessica Ingraham, 5747 Delor St., St. Louis MO, representing Different Dynamics, spoke about the mission of the organization and answered Council questions regarding how they will use the space. Dave Buck, 124 S. Elm Ave, spoke in favor of Different Dynamics as being a positive organization that will benefit the community (See Exhibit B). City Attorney Neil Bruntrager entered the following into the record: - Plan Commission staff report by Mara Perry, Director of Planning & Development for meeting date June 5, 2023 - Written statement from Different Dynamics - Preliminary floor plan - Director of Planning and Development’s PowerPoint before the City Council July 5, 2023 - Zoning Code of the City of Webster Groves Mayor Arnold closed the public hearing. July, 5 2023 BILL #9231 – FIRST AND SECOND READING Councilmember Hixson Shepherd introduced BILL #9231 ENTITLED: AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO DIFFERENT DYNAMICS TO ALLOW AN EDUCATIONAL FACILITY, SCHOOL FOR THE ARTS USE ON AN APPROXIMATELY 1.67-ACRE TRACT OF LAND IN AN EXISTING STRUCTURE AT 45 W. LOCKWOOD AVENUE IN THE “D” COMMERCIAL DISTRICT AND MATTERS RELATED THERETO, and at the Councilmember’s request, the Bill was read twice, first and second times by title only, and placed on the agenda for future consideration of the Council. REMARKS FROM THE COMMUNITY AND VISITORS Amanda Berndt, 816 Greeley Ave., shared concerns regarding the safety of community members who were gathered to watch fireworks on Baker Avenue, and requested a safety plan be implemented next year to avoid tight streets. NEW BUSINESS – MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER No new business. UNFINISHED BUSINESS BILL #9229- THIRD READING On motion of Councilmember Franklin, seconded by Councilmember Bliss, BILL #9229 ENTITLED: AN ORDINANCE PERMITTING THE SUBDIVISION OF CERTAIN PROPERTY AT 818 HOLLAND AVENUE, AND 826 HOLLAND AVENUE, having been introduced and read twice on June 20, 2023 was taken up its title read a third time and placed upon its passage to become Ordinance #9229. Mayor Arnold called for the vote on Bill #9229. MEMBERS VOTING: AYES: BLISS, FRANKLIN, SMITH, RICHARDSON, HIXSON SHEPHERD, ARNOLD NOES: NONE RECUSED: ALEXANDER Mayor Arnold stated that Bill #9229 was approved. BILL #9230 – THIRD READING On motion of Councilmember Bliss, seconded by Councilmember Richardson, BILL #9230 ENTITLED: AN ORDINANCE AMENDING CHAPTER 60, THE TRAFFIC CODE, BY REPEALING ARTICLE IV, SECTION 60.160, SPEED REGULATION GENERALLY, AND AMENDING ARTICLE XVI SECTION 60.940, SCHEDULE A “MAXIMUM SPEED FOR DESIGNATED STREETS,” having been introduced and read twice on June 20, 2023 was taken up its title read a third time and placed upon its passage to become Ordinance #9230. Mayor Arnold called for the vote on Bill #9230. MEMBERS VOTING: AYES: FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS NOES: NONE Mayor Arnold stated that Bill #9230 was approved. 2 July, 5 2023 NEW BUSINESS RESOLUTION #2023-30 Councilmember Alexander made a motion, seconded by Councilmember Richardson, to approve RESOLUTION #2023-30 ENTITLED: SETTING A GOAL OF ZERO ROADWAY FATALITIES AND SERIOUS INJURIES BY 2030 FOR THE SS4A (SAFE STREETS AND ROADS FOR ALL) PLANNING AND DEMONSTRATION GRANT Mayor Arnold called for the vote on Resolution #2023-30. MEMBERS VOTING: AYES: SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN NOES: NONE Mayor Arnold stated that Resolution #2023-30 was approved. CONSENT AGENDA A motion was made by Councilmember Smith, seconded by Councilmember Richardson, to approve the Consent Agenda. Mayor Arnold called for the vote on the Consent Agenda. MEMBERS VOTING: AYES: ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN, SMITH NOES: NONE Mayor Arnold stated that the Consent Agenda was approved. The following Consent Agenda was approved: • Approval of Minutes – June 20, 2023 APPOINTMENTS TO BOARDS AND COMMISSIONS No appointments. WORK SESSION (CONTINUED) Prior to the Closed Session, Council reconvened the Work Session. EXECUTIVE (CLOSED) SESSION Councilmember Bliss made a motion, which was seconded by Councilmember Franklin, to go into Executive Closed Session per Attorney-Client Privileged Communications [MO Statute 610.021 (1)]. Mayor Arnold called for the vote to go into Executive (Closed) Session. MEMBERS VOTING: AYES: RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS, FRANKLIN, SMITH, ALEXANDER 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 8:30 P.M. on motion of the Mayor, duly seconded. 3 July, 5 2023 PASSED AND APPROVED this _______day of ____________________ 2023. __________________ Mayor _____________________ City Clerk 4  7/6/2023 Exhibit A 1  7/6/2023 • • • • • 2  7/6/2023 • • • • • • 3  7/6/2023 Zoning Analysis: Conditional Use Permit 4 7/6/2023 5 7/6/2023 6  Exhibit B Nakazono, Katie From: Dave Buck <dave@buckstl.com> Sent: Thursday, July 6, 2023 8:33 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; Davis, Scott; Rehg, Todd; Curtis, Dale; Perks, Greg; Ellis, Brett; Bainter, Gary; Nakazono, Katie; Jessica Ingraham; Janice Seele Cc: john ahearnstudio.com; j.donaldson@webster-arts.org; Pmurphystl; Gerry Welch; Kevin Cole; young.jill@wgmail.org; wichard.sara@wgmail.org; efz@wgpc.org; info@thehubbicyclecompany.com; Warner Properties; fransudekum@aol.com; Pincus, Michael J.; Sebastian Bellomo; sswederska@gmail.com; jmrath@sbcglobal.net; Karen Park; nikkilemley@gmail.com; Rasool, Ahmar; Jaime Mowers; Kevin Murphy; Jeffrey Carter; Lara Teeter; 'stroble'; Nicole Springer; Arnold Stricker; Ree Hamlin; rebeccanow@sbcglobal.net; websterjournal@gmail.com Subject: Dave Buck's Public Comments in the Public Hearing for DIFFERENT DYNAMICS at the WG City Council Regular Meeting, Wednesday Evening, July 5, 2023 Caution: This is an External Message ‐ Please be cautious when opening links or attachments (I was privileged to share my comments following those by Different Dynamics Execu ve Director, Jessica Ingraham) “Truth be told, I have never liked the five CUP (Condi onal Use Permit) evalua ve factors because they all focus on the absence of a nega ve and NO answers. So, here are my FIVE POSITIVE & YES FACTORS for Different Dynamics: 1. Has a posi ve, hopeful and inspiring mission to champion access to the life‐ changing power of music for people of all neurotypes and abili es. YES! 2. Has great leaders judged by the high content of their character, as confirmed by respected and knowledgeable members of our community, like Janice Seele. YES! 3. Promotes the meless, universal and needed values of kindness, compassion, empathy, acceptance and inclusion in one of Webster’s most historic churches. YES! 4. Uniquely supports and advances the arts, so essen al to the iden ty and vitality of Webster Groves. YES! 1  5. And most importantly, is a force for good that improves and makes a difference in the lives of kids of all ages. YES! Bo om‐Line: This is a WIN‐WIN for Webster Groves and Different Dynamics and can join the ranks of the Community Music School at Webster University in delivering outstanding music educa on and inspira on. I should know. I am a par cular neurotype. have been mentally ill with bi‐polar disorder since I was a kid. And in addi on to great doctors over the years and taking my meds daily, it was my high school vocal music teacher in Wichita, KS, Dr. Vernon Nicholson, who believed in me and ins lled in me the life‐changing power of music and I have been singing joyfully ever since at age 70!!!! Thank YOU, City Council & Staff, and Thank YOU, Jessica and Different Dynamics!” 2  RESOLUTION #2023-32 A RESOLUTION RESTATING AND AFFIRMING ORDINANCE NO. 7669 WHICH ESTABLISHED SECTION 2.080 OF THE CODE OF WEBSTER GROVES, "COMPLIANCE WITH THE STATE CONFLICT OF INTEREST LAW" WHEREAS, in September 1991, the City Council of the City of Webster Groves enacted Ordinance No. 7669 which established a new Section 2.080 of the Code of Webster Groves entitled "Compliance with State Conflict of Interest Law" and provided a procedure to disclose potential conflicts of interest and substantial interest of certain public officials; and WHEREAS, the Missouri Ethics Commission has issued its opinion that the Missouri Statute, which allows political subdivisions to establish their own method of disclosing potential conflicts of interest and substantial interest of public officials, also suggests that such provisions should be adopted by the political subdivision by ordinance, order or resolution at an open meeting by September 15th; and WHEREAS, inasmuch as the provisions of Ordinance No. 7669 are now a part of the Code of Webster Groves, it would be inappropriate to repeal and reenact by ordinance such provisions each year. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Webster Groves does hereby restate and affirm the provisions of Ordinance No. 7669 enacted by the Council on September 3, 1991, a copy of which is attached hereto, and directs the City Manager to file this Resolution and Ordinance No. 7669 with the Missouri Ethics Commission within 10 days of the date of adoption of this Resolution. ADOPTED this day of , 2023. _______________________________ MAYOR ATTEST: ______________________________ CITY CLERK  RESOLUTION #2023-33 AUTHORIZING THE CITY MANAGER TO APPROVE THE RENEWAL PURCHASE OF A BODY CAMERA AND DATA STORAGE SYSTEM FOR THE POLICE DEPARTMENT WHEREAS, it is necessary to enter into a five year contract related to the annual payment for the license fee, data storage, and equipment maintenance for the police body camera system for the Police Department; and WHEREAS, the five year contract will total $198,388.75, with the annual payment for Fiscal Year 2024 due to AXON Enterprise, Inc., 17800 N. 85th Street, Scottsdale, AZ, 85255, in the amount of $36,627.95. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, that the City Manager be authorized to enter into a contract with AXON Enterprise Inc., for the sum hereinabove set forth [$36,627.95], and to assure that all items are provided in accordance with specifications. BE IT FURTHER RESOLVED, that the funds for this payment shall be paid from the Capital Improvement Sales Tax Fund. ADOPTED this day of , 2023. MAYOR ATTEST: CITY CLERK