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 – SEPTEMBER 5, 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: • Code Enforcement 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 – SEPTEMBER 5, 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. PUBLIC HEARINGS 1. Levying and Establishing the Rate of Annual Property Taxes to be Collected for the Year 2023 by the City of Webster Groves, Missouri • Bill #9233 – First & Second Reading - An Ordinance Levying and Establishing the Rate of Annual Property Taxes to be Collected for the Year 2023 by the City of Webster Groves, Missouri, and Repealing Ordinance No. 9192 2. Levying and Establishing the Rate of Annual Property Taxes to be Collected for the Year 2023 for the Webster Groves Library District • Bill #9234 – First & Second Reading - An Ordinance Levying and Establishing the Rate of Annual Property Taxes to be Collected for the Year 2023 for the Webster Groves Library District, and Repealing Ordinance No. 9193 III. REMARKS FROM THE COMMUNITY AND VISITORS  IV. NEW BUSINESS - MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER V. UNFINISHED BUSINESS 1. Bill #9232 – Third Reading – An Ordinance Authorizing the Appropriation of $682,900 for the Purpose of Defeasing a Portion of the City’s Outstanding General Obligation Bonds, Paying Certain Costs of Such Defeasance and Authorizing Certain Other Actions in Connection Therewith VI. NEW BUSINESS 1. Charter Review Advisory Board Update 2. Designation of Deputy City Clerk Shelia Bradley 3. Resolution #2023-35 – Revising Sewer Lateral Repair Cost Percentage Formula Related to the Sewer Lateral Program 4. Resolution #2023-36 – Authorizing the City Manager to Enter into Agreements with the Federal Emergency Management Agency and State of Missouri Emergency Management Agency for Receipt of Grant Funding, and Purchase of Two Properties Identified as Substantially Damaged, Repetitive Loss, Flood- Affected Properties VII. APPROVAL OF CONSENT AGENDA 1. Approval of Minutes – August 1, 2023 2. Resolution #2023-37 – Authorizing the City Manager to Disburse the FY-2024 Payment Related to the Multi-Year Agreement for Lifeguard Management Services 3. Resolution #2023-38 – Authorizing the City Manager to Purchase One (1) Replacement Truck and Purchase and Install a New Trash Hauling Dump Bed Insert for the Parks & Recreation Department 4. Resolution #2023-39 – Authorizing the City Manager to Purchase Legal Services, and Prosecutor Services, from the Bruntrager and Billings Firm in Accord with the Previously Authorized Agreement 5. Resolution #2023-40 – Authorizing the City Manager to Purchase EMS Billing Services from Proclaims EMS Billing, and Amending the Budget for FY-2024 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– SEPTEMBER 19, 2023  BILL NO. 9233 ORDINANCE NO. 9233 AN ORDINANCE LEVYING AND ESTABLISHING THE RATE OF ANNUAL PROPERTY TAXES TO BE COLLECTED FOR THE YEAR 2023 BY THE CITY OF WEBSTER GROVES, MISSOURI, AND REPEALING ORDINANCE NO. 9192 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES: Section 1: There is hereby levied for the year 2023 upon all real and personal property in the City of Webster Groves, Missouri, subject to taxation, the following taxes for the following purposes, to wit: A) For general municipal purposes on each $100.00 of assessed valuation, a tax of $0.160 on residential property, a tax of $0.183 on commercial property and a tax of $0.280 on personal property. B) For street improvements on each $100.00 of assessed valuation, a tax of $0.103 on residential property, a tax of $0.118 on commercial property and a tax of $0.181 on personal property. C) For the purpose of paying the City’s contribution to the retirement fund of the general and public safety employees of the City on each $100.00 of assessed valuation, a tax of $0.151 on residential property, a tax of $0.190 on commercial property and a tax of $0.200 on personal property. D) For the purpose of paying principal and interest on the outstanding general obligation bond Issues of the City on each $100.00 of assessed valuation, a tax of $0.199 on residential, commercial and personal property. E) For the purpose of funding the Old Orchard Special Taxing District on each $100.00 of assessed valuation, a tax of $0.301 on residential and $0.253 on commercial property. F) For the purpose of funding the Old Webster Special Taxing District on each $100.00 of assessed valuation, a tax of $0.166 on residential and a tax of $0.165 on commercial property. G) For the purpose of funding the Crossroads Special Taxing District on each $100.00 of assessed valuation, a tax of $0.258 on commercial property. Section 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed, including Ordinance #9192. Section 3. This ordinance shall not be printed in the Code of Webster Groves. 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 ____________, 2023. ___________________________________ Mayor ATTEST: _____________________________________ City Clerk  BILL NO. 9234 ORDINANCE NO. 9234 AN ORDINANCE LEVYING AND ESTABLISHING THE RATE OF ANNUAL PROPERTY TAXES TO BE COLLECTED FOR THE YEAR 2023 FOR THE WEBSTER GROVES LIBRARY DISTRICT, AND REPEALING ORDINANCE NO. 9193 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES: Section 1: There is hereby levied for the year 2023 upon all real and personal property in the City of Webster Groves, Missouri, subject to taxation, the following taxes for the following purposes, to wit: A) For funding the Webster Groves Municipal Library District general purposes on each $100.00 of assessed valuation, a tax of $0.194 on residential property, a tax of $0.226 on commercial property and a tax of $0.315 on personal property. Section 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed, including Ordinance #9193. Section 3. This ordinance shall not be printed in the Code of Webster Groves. 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 ____________, 2023. ____________________________________ Mayor ATTEST: _____________________________________ City Clerk  BILL #9232 ORDINANCE #9232 AN ORDINANCE AUTHORIZING THE APPROPRIATION OF $682,900 FOR THE PURPOSE OF DEFEASING A PORTION OF THE CITY’S OUTSTANDING GENERAL OBLIGATION BONDS, PAYING CERTAIN COSTS OF SUCH DEFEASANCE AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Webster Groves, Missouri (the “City”), by Ordinance adopted on October 15, 2019 (the “Series 2019 Ordinance”), issued $4,810,000 original principal amount of General Obligation Bonds, Series 2019 (the “Series 2019 Bonds”); and WHEREAS, the City now desires to defease a portion of the Series 2019 Bonds scheduled to mature on March 1, 2028 and all of the Series 2019 Bonds scheduled to mature on March 1, 2029 (collectively the “Defeased Bonds”), pursuant to an Escrow Trust Agreement (the “Escrow Agreement”) to be entered into between the City and U.S. Bank National Association, as escrow agent (the “Escrow Agent”); and WHEREAS, the City intends to use funds on deposit in the City’s debt service fund to (a) defease the Defeased Bonds by depositing cash or certain securities permitted by the Series 2019 Ordinance with the Escrow Agent under the Escrow Agreement and (b) pay legal, financial and other costs of the transaction. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, MISSOURI, AS FOLLOWS: Section 1. Authorization of Escrow Agreement. The City is hereby authorized to enter into the Escrow Agreement in substantially the form attached hereto as Exhibit A, with such changes therein as shall be approved by the officers of the City executing such documents, such officers’ signatures thereon being conclusive evidence of their approval thereof. Section 2. Execution of Documents. The City is hereby authorized to enter into and the City Manager of the City is hereby authorized and directed to execute and deliver, for and on behalf of and as the act and deed of the City, such documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. The City Clerk is hereby authorized to attest to such documents and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. Section 3. Appropriation of Money. The City Council hereby irrevocably budgets and appropriates money from the City’s Debt Service Fund in an amount of $682,900 to defease the Defeased Bonds and pay legal, financial and other costs of defeasing the Defeased Bonds. The money shall be transferred from the Debt Service Fund to the Escrow Agent for credit to the Escrow Fund (as defined in the Escrow Agreement) and the Costs of Transaction Fund (as defined in the Escrow Agreement) and applied as provided in the Escrow Agreement.  Section 4. Further Authority. (a) The officers, agents and employees of the City, including the City Manager, the City Clerk and the Assistant City Manager/Director of Finance & Administration, are authorized and directed to execute all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Ordinance, and to carry out, comply with and perform the duties of the City, to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. (b) The Escrow Agent is hereby authorized to carry out, on behalf of the City, the duties, terms and provisions of the Escrow Agreement, and the Escrow Agent, WM Financial Strategies, as municipal advisor, and Gilmore & Bell, P.C., as bond counsel, are authorized to take all necessary actions for the subscription and purchase of the Escrowed Securities (as defined in the Escrow Agreement) described therein. Section 5. Effective Date. This Ordinance shall take effect and be in full force immediately after its passage by the City Council and approval by the Mayor. PASSED and APPROVED this 5th day of September, 2023. _______________________________ MAYOR ATTEST: _________________________________ CITY CLERK -2-  EXHIBIT A ESCROW TRUST AGREEMENT [On file in the Office of the City Clerk.]  –––––––––––––––––––––––––––––– ESCROW TRUST AGREEMENT Dated September 7, 2023 –––––––––––––––––––––––––––––– between the CITY OF WEBSTER GROVES, MISSOURI and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Escrow Agent Entered in Connection with the Defeasance of a Portion of the City’s General Obligation Bonds, Series 2019  ESCROW TRUST AGREEMENT THIS ESCROW TRUST AGREEMENT dated September 7, 2023 (the “Agreement”), between the CITY OF WEBSTER GROVES, MISSOURI (the “City”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association with a corporate trust office located in St. Louis, Missouri, and having full trust powers, as Escrow Agent (the “Escrow Agent”). RECITALS: 1. The City has previously duly authorized and issued, among others, the following series of general obligation bonds: Original Series of Bonds Issue Date Principal Amount General Obligation Bonds, October 29, 2019 $4,810,000 Series 2019 (the “Series 2019 Bonds”) 2. The City desires to defease a portion of the Series 2019 Bonds, being a portion of the Series 2019 Bonds maturing on March 1, 2028 and all of the Series 2019 Bonds maturing on March 1, 2029 (collectively the “Defeased Bonds”), all as further described on Schedule 1. 3. The Defeased Bonds will mature (or will be subject to redemption prior to maturity) and will have interest payable in the amounts and at the times shown on Schedule 1. 4. The City intends to provide for the payment of the principal of and interest on the Defeased Bonds through the purchase of non-callable United States Treasury Obligations described in Schedule 2. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants set forth below, the parties to this Agreement agree as follows: Section 1. Definitions. The following capitalized words and terms used in this Agreement have the following meanings: “Bond Counsel” means Gilmore & Bell, P.C., or other firm of attorneys nationally recognized on the subject of municipal bonds. “Bond Payment Date” means any date on which the principal of or interest on any of the Defeased Bonds is due and payable, including the Redemption Date (as defined herein) of the Defeased Bonds. “Costs of Transaction Fund” means the fund by that name referred to in Section 3. “Escrow Agent” means U.S. Bank Trust Company, National Association, and its successor or successors at the time acting as Escrow Agent under this Agreement. “Escrow Fund” means the fund by that name referred to in Section 3. “Escrowed Securities” means the non-callable direct obligations of the United States of America listed on Schedule 2 and any Substitute Escrowed Securities.  “Paying Agent” means BOKF, N.A., the paying agent for the Defeased Bonds as designated in the Series 2019 Ordinance and any successor(s) at the time acting as paying agent for any of the Defeased Bonds. “Series 2019 Ordinance” means Ordinance No. 9088 adopted by the City Council of the City on October 15, 2019, under which the Series 2019 Bonds were issued. “Substitute Escrowed Securities” means non-callable direct obligations of the United States of America, which have been acquired by the Escrow Agent and substituted for Escrowed Securities in accordance with Section 8. Section 2. Receipt of Documents. The Escrow Agent hereby acknowledges receipt of a true and correct copy of the Series 2019 Ordinance, and reference herein to or citation herein of any provisions of said document is deemed to incorporate the same as a part of this Agreement in the same manner and with the same effect as if it were fully set forth herein. Section 3. Creation of Escrow Fund and Costs of Transaction Fund. There are hereby created and established with the Escrow Agent the following special and irrevocable trust funds to be held in the custody of the Escrow Agent and designated as follows: (a) the “Escrow Fund for the City of Webster Groves, Missouri, General Obligation Bonds, Series 2019 Defeasance” (the “Escrow Fund”); and (b) the “Costs of Transaction Fund for the City of Webster Groves, Missouri, General Obligation Bonds, Series 2019 Defeasance” (the “Costs of Transaction Fund”). Section 4. Verification of Certified Public Accountants. Robert Thomas CPA, LLC, Shawnee Mission, Kansas, certified public accountants, has verified the mathematical computations performed by WM Financial Strategies, as municipal advisor to the City, which demonstrate that the cash held in the Escrow Fund, together with the maturing Escrowed Securities and interest to accrue thereon, will be sufficient to pay the principal of and interest on the Defeased Bonds on the respective Bond Payment Dates, a copy of which verification report has been delivered to the City and the Escrow Agent concurrently with the execution and delivery of this Agreement. Section 5. Deposits to the Escrow Fund and Costs of Transaction Fund. (a) The City herewith deposits with the Escrow Agent, and the Escrow Agent acknowledges receipt and deposit into the Escrow Fund of $669,100.00 from available funds of the City. The Escrow Agent shall retain $0.00 as a beginning cash balance and shall apply the balance of such amount to purchase the Escrowed Securities described in Schedule 2, which shall be delivered to and deposited in the Escrow Fund. (b) The City herewith deposits with the Escrow Agent, and the Escrow Agent acknowledges receipt and deposit into the Costs of Transaction Fund of $13,800.00 from available funds of the City, and the City authorizes and directs the Escrow Agent to apply such amount to pay the costs set forth on Schedule 3 upon receipt of an invoice from the applicable payee. Any amounts remaining in the Costs of Transaction Fund on December 7, 2023, that are not needed to pay any remaining costs of the transaction, shall be transferred by the Escrow Agent, at the direction of the City, to the City for deposit into the City’s debt service fund. Section 6. Creation of Lien. The escrow created hereby is irrevocable. The holders of the Defeased Bonds are hereby given an express lien on and security interest in the Escrowed Securities and -2- the cash in the Escrow Fund and all earnings thereon until used and applied in accordance with this Agreement. The matured principal of and earnings on the Escrowed Securities and any cash in the Escrow Fund are hereby pledged and assigned and must be applied solely for the payment of the principal of and interest on the Defeased Bonds. Section 7. Application of Cash and Escrowed Securities in the Escrow Fund. (a) Except as otherwise expressly provided in this Section or in Section 8, the Escrow Agent will have no power or duty to invest any money held hereunder or to sell, transfer or otherwise dispose of any Escrowed Securities. (b) On or prior to each Bond Payment Date, the Escrow Agent shall withdraw from the Escrow Fund an amount equal to the principal of and interest on the Defeased Bonds becoming due and payable on each Bond Payment Date, as set forth in Schedule 1, and shall forward such amount to the Paying Agent so that immediately available funds will reach the Paying Agent’s office on or before 12:00 Noon, Central Time, on each Bond Payment Date. To make the payments required by this subsection (b), the Escrow Agent is hereby authorized to redeem or otherwise dispose of Escrowed Securities in accordance with the maturity schedule in Schedule 2. The liability of the Escrow Agent to make the payments required by this subsection (b) is limited to the money and Escrowed Securities in the Escrow Fund. (c) Upon the payment in full of the principal of and interest on the Defeased Bonds, all remaining money and Escrowed Securities in the Escrow Fund, together with any interest thereon, shall be transferred to the City for deposit in the City’s Debt Service Fund. (d) Cash held from time to time in the Escrow Fund will be held uninvested. Section 8. Substitute Escrowed Securities. (a) If any of the Escrowed Securities are not available for delivery on the date of this Agreement, the Escrow Agent is directed to accept substitute securities in lieu thereof, provided: (1) the substitute securities are non-callable direct obligations of the United States of America; (2) the maturing principal of and interest on such substitute securities is equal to or greater than the maturity value of such unavailable Escrowed Securities; (3) principal of and interest on the substitute securities is payable on or before the maturity date of the unavailable Escrowed Securities; and (4) the City and Bond Counsel approve such substitution. (b) At the written request of the City and upon compliance with the conditions hereinafter stated, the Escrow Agent will have the power to sell, transfer, request the redemption of or otherwise dispose of the Escrowed Securities and to substitute for the Escrowed Securities solely cash or Substitute Escrowed Securities. The Escrow Agent shall purchase such Substitute Escrowed Securities with the proceeds derived from the sale, transfer, disposition or redemption of the Escrowed Securities together with any other funds available for such purpose. The substitution may be effected only if: (1) the substitution of the Substitute Escrowed Securities for the original Escrowed Securities occurs simultaneously; -3-  (2) the Escrow Agent receives from an independent certified public accountant a certification to the effect that after such substitution: (A) the principal of and interest on the Escrowed Securities to be held in the Escrow Fund after giving effect to the substitution (including Substitute Escrowed Securities to be acquired), together with any other money to be held in the Escrow Fund after such transaction, will be sufficient to pay all remaining principal of and interest on the Defeased Bonds as set forth on Schedule 1 hereto; and (B) the amounts and dates of the anticipated transfers from the Escrow Fund to the Paying Agent for the Defeased Bonds will not be diminished or postponed thereby; and (3) the Escrow Agent receives an opinion of Bond Counsel to the effect that such substitution is permitted under this Agreement and will not cause the interest on the Defeased Bonds to become included in gross income for purposes of federal income taxation under then existing law. (c) If any substitution permitted in paragraph (b) above results in cash held in the Escrow Fund in excess of the amount required to fully pay the Defeased Bonds, as certified in subparagraph (b)(2) above, the Escrow Agent shall, at the request of the City, withdraw such excess from the Escrow Fund and pay such excess to the City for deposit in the City’s Debt Service Fund, to be applied as provided by law; provided that, in the opinion of Bond Counsel, such withdrawal and application will not be contrary to Missouri law and will not cause the interest on the Defeased Bonds to become included in gross income for purposes of federal income taxation under then existing law. Section 9. Redemption of Defeased Bonds. (a) Pursuant to the Series 2019 Ordinance, the City has elected to call the Defeased Bonds for redemption and payment prior to maturity on March 1, 2026 (the “Redemption Date”). In accordance with the provisions of the Series 2019 Ordinance, the City has provided the Paying Agent with irrevocable instructions to provide notice of redemption of the Defeased Bonds as required by the Series 2019 Ordinance. (b) The City hereby directs the Escrow Agent to direct the Paying Agent in writing, not more than 90 days prior to the Redemption Date, to give additional notice of redemption of the Defeased Bonds as provided in the Series 2019 Ordinance, said additional notice to be given not more than 60 days nor less than 30 days prior to the Redemption Date, it being understood, however, that said additional notice is for convenience in facilitating said redemption and failure to give any such notice shall not affect the validity of the call for redemption of the Defeased Bonds. The City hereby directs the Escrow Agent to take such further action as may be necessary under the Series 2019 Ordinance to redeem the Defeased Bonds in the principal amount and at the time set forth in Schedule 1 hereto. Section 10. Reports of the Escrow Agent. As long as any of the Defeased Bonds, together with the interest thereon, have not been paid in full, the Escrow Agent shall, at least 60 days prior to each Bond Payment Date, determine the amount of money which will be available in the Escrow Fund to pay the principal of and interest on the Defeased Bonds on the next Bond Payment Date and certify in writing to the City (a) the amount so determined and (b) a list of the money and Escrowed Securities held by it in the Escrow Fund on the date of such certification, including all money held by it which were received as interest or profit from Escrowed Securities. -4-  Section 11. Liability of Escrow Agent. (a) The Escrow Agent will not be liable for any loss resulting from any investment, sale, transfer or other disposition made in compliance with the provisions of this Agreement. The Escrow Agent will have no lien whatsoever on any of the money or Escrowed Securities on deposit in the Escrow Fund for the payment of fees and expenses for services rendered by the Escrow Agent under this Agreement or otherwise. (b) The Escrow Agent will not be liable for the accuracy of the calculations as to the sufficiency of the Escrowed Securities and money to pay the Defeased Bonds. So long as the Escrow Agent applies the Escrowed Securities and money as provided herein, the Escrow Agent will not be liable for any deficiencies in the amounts necessary to pay the Defeased Bonds caused by such calculations. Notwithstanding the foregoing, the Escrow Agent will not be relieved of liability arising from and proximate to its failure to comply fully with the terms of this Agreement. (c) If the Escrow Agent fails to account for any of the Escrowed Securities or money received by it, said Escrowed Securities or money will be and remain the property of the City in trust for the holders of the Defeased Bonds, and, if for any reason such Escrowed Securities or money are not applied as herein provided, the assets of the Escrow Agent will be impressed with a trust for the amount thereof until the required application is made. (d) The Escrow Agent shall not be responsible for any action or failure to take action on the part of the Paying Agent. (e) The Escrow Agent may rely and shall be protected in acting upon or refraining from acting upon in good faith any ordinance, resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, verification, order, bond, debenture or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (f) The Escrow Agent undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. (g) No provision of this Agreement shall be construed to relieve the Escrow Agent from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that the Escrow Agent shall not be liable for any error of judgment made in good faith by an authorized officer, employee or agent of the Escrow Agent, unless it shall be proved that the Escrow Agent was negligent in ascertaining the pertinent facts. (h) Whether or not therein expressly so provided, every provision of this Agreement relating to the conduct or affecting the liability of or affording protection to the Escrow Agent shall be subject to the provisions of this section. Section 12. Fees and Costs of the Escrow Agent. (a) The aggregate amount of the costs, fees and expenses of the Escrow Agent in connection with the creation of the escrow described in and created by this Agreement and in carrying out any of the duties, terms or provisions of this Agreement is a one-time fee in the amount of $1,500, which amount shall be paid from funds on deposit in the Costs of Transaction Fund pursuant to the terms of Section 5(b). (b) Notwithstanding the preceding paragraph, the Escrow Agent will be entitled to reimbursement from the City of reasonable out-of-pocket, legal or extraordinary expenses incurred in carrying out the duties, terms or provisions of this Agreement. Claims for such reimbursement may be -5- made to the City and in no event will such reimbursement be made from funds held by the Escrow Agent pursuant to this Agreement. (c) If the Escrow Agent resigns prior to the expiration of this Agreement, the Escrow Agent shall rebate to the City a ratable portion of any fee previously paid by the City to the Escrow Agent for its services under this Agreement. Section 13. Resignation or Removal of Escrow Agent; Successor Escrow Agent. (a) The Escrow Agent may at any time resign and be discharged from its duties and responsibilities under this Agreement by giving written notice, by registered or certified mail, to the City, the Paying Agent and all of the owners of record of the Defeased Bonds at least 60 days before the date when the resignation is to take effect. Such resignation will take effect immediately upon: (1) the acceptance of the City of the resignation; (2) the appointment of a successor Escrow Agent (which may be a temporary Escrow Agent) by the City; (3) the successor Escrow Agent’s acceptance of the terms, covenants and conditions of this Agreement; (4) the transfer of the Escrow Fund, including the money and Escrowed Securities held therein, to the successor Escrow Agent; and (5) the completion of any other actions required for the principal of and interest on the Escrowed Securities to be made payable to such successor Escrow Agent instead of the resigning Escrow Agent. (b) The Escrow Agent may be removed at any time by an instrument or concurrent instruments in writing, delivered to the Escrow Agent and the City and signed by the owners of a majority in principal amount of the Defeased Bonds then outstanding. The Escrow Agent may also be removed by the City if the Escrow Agent fails to make timely payment on any Bond Payment Date to the Paying Agent of the amounts required to be paid by it on such Bond Payment Date by Section 7(b) of this Agreement. Any removal pursuant to this paragraph will become effective upon: (1) the City sending, by registered or certified mail, on or before the date of such removal, written notice to the Paying Agent and to all registered owners of the Defeased Bonds; (2) the appointment by the City of a successor Escrow Agent (which may be a temporary successor Escrow Agent); (3) the acceptance of such successor Escrow Agent of the terms, covenants and conditions of this Agreement; (4) the transfer of the Escrow Fund, including the money and Escrowed Securities held therein, to such successor Escrow Agent; and (5) the completion of any other actions required for the principal of and interest on the Escrowed Securities to be made payable to such successor Escrow Agent instead of the Escrow Agent being removed. -6-  (c) If the Escrow Agent resigns or is removed, dissolved, or in the course of dissolution or liquidation, or otherwise becomes incapable of acting hereunder, or if the Escrow Agent is taken under the control of any public officer or officers, or of a receiver appointed by a court, the City shall appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent is appointed by the City in the manner above provided, and any such temporary Escrow Agent so appointed by the City will immediately and without further act be superseded by the successor Escrow Agent so appointed. (d) If no appointment of a successor Escrow Agent or a temporary successor Escrow Agent has been made pursuant to the foregoing provisions of this Section within 60 days after the Escrow Agent has given written notice of its resignation to the City, the holder of any of the Defeased Bonds or any retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent, and such court may thereupon, after such notice, if any, as it deems proper, appoint a successor Escrow Agent. (e) Any successor Escrow Agent must be a bank or trust company with trust powers authorized to do business in the State of Missouri and organized under the banking laws of the United States or the State of Missouri and have at the time of appointment capital and surplus of not less than $25,000,000. (f) Every successor Escrow Agent appointed under this Agreement shall execute, acknowledge and deliver to its predecessor and to the City an instrument in writing accepting such appointment hereunder, and thereupon such successor Escrow Agent without any further act, deed or conveyance will become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor, but such predecessor shall, nevertheless, on the written request of such successor Escrow Agent or the City, execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, rights, powers and trusts of such predecessor hereunder, and every predecessor Escrow Agent shall deliver all securities and money held by it in the Escrow Fund to its successor. Should any transfer, assignment or instrument in writing from the City be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing will, on request, be executed, acknowledged and delivered by the City. (g) Any bank or trust company into which the Escrow Agent, or any successor to it of the duties and responsibilities created by this Agreement, may be merged or converted or with which it or any successor to it may be consolidated, or any bank or trust company resulting from any merger, conversion, consolidation or reorganization to which the Escrow Agent or any successor to it may be a party, will, unless the City objects, be the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of the parties hereto. If the City files with the Escrow Agent a written objection to such succession within 30 days of notice to the City of the merger, conversion, consolidation or reorganization, then the Escrow Agent will be treated as though it has resigned under the terms of paragraph (a) of this Section. Section 14. Limitation on Liability of the City. The City will not be liable (a) for any loss resulting from any investment made pursuant to this Agreement, (b) for the accuracy of the calculations as to the sufficiency of the Escrowed Securities and money in the Escrow Fund to pay the principal of and interest on the Defeased Bonds or (c) for any acts of the Escrow Agent, except as described in Section 11(d). Section 15. Amendments to this Agreement. (a) This Agreement is made for the benefit of the City and the registered owners from time to time of the Defeased Bonds, and it may not be repealed, revoked, altered or amended without the written consent of the registered owners of all of the Defeased Bonds, the Escrow Agent and the City. But the City -7- and the Escrow Agent may, without the consent of or notice to such owners, enter into agreements supplemental to this Agreement if such supplemental agreements do not adversely affect the rights of such owners and are not inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (1) to cure any ambiguity or formal defect or omission in this Agreement; (2) to grant to, or confer upon, the Escrow Agent for the benefit of the owners of the Defeased Bonds, any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such owners or the Escrow Agent; and (3) to subject to this Agreement additional funds, securities or properties. (b) The Escrow Agent is entitled to rely exclusively upon an unqualified opinion of Bond Counsel with respect to compliance with this Section, including the extent, if any, to which any change, modification, addition or elimination affects the rights of the owners of the Defeased Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section. Section 16. Anti-Discrimination Against Israel Act. (a) The State has adopted the “Anti-Discrimination Against Israel Act,” Section 34.600, Revised Statutes of Missouri (the “Anti-Discrimination Act”), which provides that “[a] public entity shall not enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company is not currently engaged in and shall not, for the duration of the contract, engage in a boycott of goods or services from the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel.” The Anti-Discrimination Act provides that any contract that fails to comply with the Anti-Discrimination Act’s provisions shall be void as against public policy. (b) The Escrow Agent hereby certifies and agrees that, to the extent the Anti-Discrimination Act is applicable to this Agreement, the Escrow Agent is not currently engaged in and shall not, for the duration of this Agreement, engage in a boycott of goods or services from the State of Israel, companies doing business in or with Israel or authorized by, licensed by or organized under the laws of the State of Israel or persons or entities doing business with the State of Israel, in all respects within the meaning of the Anti-Discrimination Act. (c) The foregoing certification shall not be deemed an admission or agreement that the Anti- Discrimination Act is applicable to this Agreement but the foregoing certification is provided if the Anti- Discrimination Act is applicable. If the Anti-Discrimination Act is initially deemed or treated as applicable to this Agreement, but it is subsequently determined not to apply to this Agreement for any reason including by reason of applicable federal law, including without limitation, 50 U.S.C. Section 4607, the repeal or amendment of the Anti-Discrimination Act or any ruling of a court of competent jurisdiction as to the unenforceability or invalidity of the Anti-Discrimination Act, then the foregoing certification shall cease and not exist. Section 17. Termination. This Agreement terminates when all transfers required to be made by the Escrow Agent under the provisions of this Agreement have been made. Section 18. Notices. Except as otherwise provided herein, it is sufficient service of any notice, request, complaint, demand or other paper required by this Agreement to be given to or filed with the following parties if the same is duly mailed by first class, certified or registered mail addressed: -8-  (a) To the City at: City of Webster Groves, Missouri Webster Groves City Hall 4 East Lockwood Avenue Webster Groves, Missouri 63119 Attention: Assistant City Manager/Director of Finance & Administration (b) To the Escrow Agent at: U.S. Bank Trust Company, National Association One U.S. Bank Plaza 505 N. 7th Street, 3rd floor Mail Stop: SL-MO-T3CT St. Louis, Missouri 63101 Attention: Corporate Trust Department (c) To the Paying Agent at: BOKF, N.A. 200 North Broadway, Suite 1710 St. Louis, Missouri 63102 Attention: Corporate Trust Department (d) To the State Auditor at: State Auditor’s Office Truman State Office Building, 8th Floor 301 West High Street Jefferson City, Missouri 65101 Section 19. Indemnification. (a) Except as provided in Section 14 of this Agreement, and only to the extent permitted by law, the City hereby assumes liability for and hereby agrees (whether or not any of the transactions contemplated hereby are consummated) to indemnify, protect, save and hold harmless the Escrow Agent and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Agent (whether or not also indemnified against the same by the City or any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Agreement, the establishment of the Escrow Fund established hereunder, the acceptance of the cash and securities deposited therein, the purchase of the Escrowed Securities, the retention of the Escrowed Securities or the proceeds thereof and any payment, transfer or other application of cash or securities by the Escrow Agent in accordance with the provisions of this Agreement; provided however, that the City shall not be required to indemnify the Escrow Agent against its own negligence or willful misconduct. In no event shall the City be liable to any person by reason of the transactions contemplated hereby other than to the Escrow Agent as set forth in this Section. The indemnities contained in this Section shall survive the termination of this Agreement. -9-  (b) Except as provided in Section 11 of this Agreement, the Escrow Agent and its respective successors, assigns, agents, directors, officers, employees and servants shall not be held to any personal liability whatsoever, in tort, contract or otherwise, in connection with the execution and delivery of this Agreement, the establishment of the Escrow Fund, the acceptance of the money deposited therein, the purchase of the Escrowed Securities, the retention of the Escrowed Securities or the proceeds thereof or any payment, transfer or other application of the money or Escrowed Securities held by the Escrow Agent in accordance with the provisions of this Agreement or by reason of any non-negligent act, omission or error of the Escrow Agent made in good faith in the conduct of its duties. The duties and obligations of the Escrow Agent shall be determined by the express provisions of this Agreement. The Escrow Agent may consult with counsel who may or may not be counsel to the City and in reliance upon the opinions of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the City. Section 20. Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the City or the Escrow Agent is determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement is required to be construed to be severable from the remaining covenants and agreements hereunder and will in no way affect the validity of the remaining provisions of this Agreement. Section 21. Successors and Assigns. All of the covenants, promises and agreements in this Agreement contained by or on behalf of the City or the Escrow Agent are binding upon and inure to the benefit of their respective successors and assigns whether so expressed or not. Section 22. Electronic Storage. The transaction described herein may be conducted and related documents may be sent, received or stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. Section 23. Governing Law. This Agreement is governed by the applicable law of the State of Missouri. Section 24. Counterparts. This Agreement may be executed in several counterparts, all or any of which are regarded for all purposes as one original and constitute the same instrument. [Remainder of Page Intentionally Left Blank.] -10-  IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed by their duly authorized officers or elected officials and their corporate seals to be hereunder affixed and attested as of the date first above written. CITY OF WEBSTER GROVES, MISSOURI By: ________________________________ (Seal) Title: City Manager By: Title: City Clerk [Escrow Trust Agreement] -11-  U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Escrow Agent By: Title: Authorized Officer [Escrow Trust Agreement] -12-  SCHEDULE 1 TO ESCROW TRUST AGREEMENT DEFEASED BONDS S-1  SCHEDULE 2 TO ESCROW TRUST AGREEMENT ESCROWED SECURITIES S-2  SCHEDULE 3 TO ESCROW TRUST AGREEMENT COSTS OF TRANSACTION TO BE PAID FROM THE COSTS OF TRANSACTION FUND 1 PAYEE AMOUNT DESCRIPTION OF SERVICES Gilmore & Bell, P.C. $6,500.00 Bond Counsel fee WM Financial Strategies 4,000.00 Municipal Advisor fee U.S. Bank National Association 1,500.00 Escrow Agent fee Robert Thomas CPA, LLC 1,500.00 Verification Report CUSIP Global Services 300.00 CUSIP fee 2 TOTAL $13,800.00 1 Excess amounts on deposit in the Costs of Transaction Fund on December 7, 2023, if any, shall be returned to the City pursuant to Section 5(b). 2 Estimated. S-3  RESOLUTION #2023-35 REVISING SEWER LATERAL REPAIR COST PERCENTAGE FORMULA RELATED TO THE SEWER LATERAL PROGRAM WHEREAS, the Sewer Lateral Fund has started to increase over the past several years, and the program currently covers 70% of the repair cost, with the property owner paying 30%; and WHEREAS, the Public Works Department recommends increasing the coverage to 80%, with the property owner paying 20%; and WHEREAS, the maximum coverage shall remain the same at $3,500, and up to $8,000, if repairs are in the street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, that the above new sewer lateral fund formula will become effective with the adoption of this Resolution. ADOPTED this ______day of _____________, 2023. __________________________ MAYOR ATTEST: ______________________________ CITY CLERK  RESOLUTION 2023-36 AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND STATE OF MISSOURI EMERGENCY MANAGEMENT AGENCY FOR RECEIPT OF GRANT FUNDING, AND PURCHASE OF TWO PROPERTIES IDENTIFIED AS SUBSTANTIALLY DAMAGED, REPETITIVE LOSS, FLOOD-AFFECTED PROPERTIES WHEREAS, on August 28, 2023, the Federal Emergency Management Agency (FEMA) announced that the City of Webster Groves had two properties initially selected for voluntary purchase to reduce or eliminate flood damage to buildings through the Flood Mitigation Program (FMA), and WHEREAS, the two properties are now pending second review with FEMA for environmental considerations and program requirements, for which a timeline of completions is unknown. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Webster Groves, Missouri, that the City Manager is authorized to accept grant funding from federal and/or state agencies and enter in to any FMA agreements with the same for purchase of two (2) properties affected by the July 2022 floods and identified as substantially damaged, repetitive loss properties, provided that the final cost-share of the City does not exceed ten-percent (10%) of the total costs and that the properties are approved through the second review process of FEMA. BE IT FURTHER RESOLVED, the funds appropriated shall be from the Special Initiatives Fund. Passed and approved on this _______ day of ________, 2023. __________________________________________ Mayor ATTEST: ______________________________________ City Clerk  U.S. Department of Homeland Security FEMA Region 7 11224 Holmes Road Kansas City, MO 64131 August 28, 2023 R7 Release: 23-03 Region 7 news desk: 816-283-7095 fema-r7newsdesk@fema.dhs.gov News Release FOUR MISSOURI CITIES TO RECEIVE LANDMARK FEMA FUNDING TO IMPROVE DISASTER RESILIENCY KANSAS CITY, Mo – Four Missouri cities have been selected to receive more than $16 million in landmark federal funding to help reduce the impacts of natural disasters. Three metro St. Louis communities - University City, the City of Ladue and the City of Webster Groves - have been approved for funding under the Federal Emergency Management Agency’s (FEMA) Flood Mitigation Assistance (FMA) program to help reduce the impacts of future floods. The projects include the voluntary purchase of flood-damaged properties impacted by the July 2022 flash flooding that hit the metro twice in two days. The focus of FMA grants is to reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program (NFIP). Elsewhere in Missouri, the City Utilities of Springfield was chosen in a national competition to receive $9,375,000 in federal funding under another FEMA mitigation program known as BRIC – Building Resilient Infrastructure and Communities. BRIC grants help states, local communities, tribes, and territories fund hazard mitigation projects that reduce the risks from disasters and natural hazards and emphasize the need for resilient infrastructure. “We are thrilled that these cities have been selected through a nationwide competition to receive this important funding,” said Andrea Spillars, FEMA Region 7 Administrator. “The results will improve the communities’ long-term resiliency by moving structures and people out of harm’s way and hardening critical infrastructure that residents rely on for essential needs.” FEMA received additional funding for the agency’s annual resilience grant programs from the Infrastructure Investments and Jobs Act, commonly known as the Bipartisan Infrastructure Law. The appropriation offered an infusion of funding from $1.16 billion to more than $3 billion for fiscal year 2022, significantly improving the opportunities for more communities to get help funding projects to better protect people and property. www.fema.gov The metro St. Louis FMA projects are: 1. University City buyout – 3 apartment buildings (Hafner Court) ▪ Cost: Currently estimated to be up to $3,224,190 in federal funding ▪ Project: Purchase of the three apartment buildings that are adjacent to the River Des Peres. These buildings have been classified as sustaining repetitive losses because of flooding. ▪ Plan is for the land to be maintained as open space in perpetuity by the City of University City Parks Dept. 2. City of Ladue – 6 residential properties ▪ Cost: Currently estimated to be up to $3,568,000 in federal funding ▪ Project: Purchase & demolition of six (6) residential properties ▪ The land will be maintained as open space in perpetuity by the City of Ladue. 3. City of Webster Groves – Acquisition & demolition of 2 residential properties ▪ Cost: Currently estimated to be up to $578,730 in federal funding ▪ Project: Purchase & demolition of two (2) substantially damaged, repetitive loss, single- family residential properties located in the Special Flood Hazard Area (SFHA) that were damaged in the July 2022 flooding event. The project will remove these structures from the floodplain and return the lots to natural grade with seeding and straw. Springfield’s BRIC project will provide backup natural gas-powered generators to protect the ongoing water supply at the Blackman Water Treatment Plant in the event of a power outage due to tornadoes, ice storms, or cyber attacks. Now that all four projects have passed the initial selections, they will undergo a second review for a final check to ensure environmental considerations and program requirements have been met. The timeline for the second review varies on the complexity of the project. Once the second review has been successfully completed, the grant funding is awarded to the State on behalf of the communities. FY 2022 Resilience Grants: Nationwide, FEMA selected 149 FMA projects totaling nearly $642.5 million in federal cost share. These projects are across nine FEMA regions in 28 states and the District of Columbia. FEMA selected 124 BRIC projects nationwide totaling nearly $1.8 billion in federal cost share through the annual national competition. These projects are from all 10 FEMA regions in 38 states including 115 communities, one Native American tribe, territories and the District of Columbia. Grants from both programs are intended to tackle the climate crisis and strengthen the nation’s resilience, especially in underserved communities that are most vulnerable. FEMA’s goal is to ensure that an equitable approach is provided to all communities for fair and equal access to grant funding to invest in mitigation and resilience. www.fema.gov  CITY OF WEBSTER GROVES August 1, 2023 The City Council met this date in a regular session, in-person in the Council Chambers, and via Zoom, at 8:04 p.m. Present at Roll Call: Mayor Laura Arnold Councilmember Pam Bliss Councilmember David Franklin Councilmember Emerson Smith Councilmember Sarah Richardson Councilmember Emily Hixson Shepherd Absent at Roll Call: Councilmember Karen D. Alexander A quorum was present. Also present: Dr. Marie Peoples, City Manager Neil Bruntrager, City Attorney Katie Nakazono, City Clerk REMARKS FROM THE COMMUNITY AND VISITORS Jamie Hasemeier, 215 E. Swon, requested that her letter resigning from the Sustainability Commission be entered into the record. (See Exhibit A) Evy Yost, 524 Lee Ave., spoke about transparency regarding the Fire Department’s budget. Dave Buck, 124 S. Elm Ave. (See Exhibit B) NEW BUSINESS – MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER No new business. NEW BUSINESS BILL #9232 – FIRST AND SECOND READING Councilmember Hixson-Shepherd introduced BILL #9232 ENTITLED: AN ORDINANCE AUTHORIZING THE APPROPRIATION OF $682,900 FOR THE PURPOSE OF DEFEASING A PORTION OF THE CITY’S OUTSTANDING GENERAL OBLIGATION BONDS, PAYING CERTAIN COSTS OF SUCH DEFEASANCE AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH, 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. August 1, 2023 CONSENT AGENDA A motion was made by Councilmember Franklin, seconded by Councilmember Bliss, to approve the Consent Agenda. Mayor Arnold called for the vote on the Consent Agenda. MEMBERS VOTING: AYES: BLISS, FRANKLIN, SMITH, RICHARDSON, HIXSON SHEPHERD, ARNOLD NOES: NONE ABSENT: ALEXANDER Mayor Arnold stated that the Consent Agenda was approved. The following Consent Agenda was approved: • Approval of Minutes – July 18, 2023 • Resolution #2023-34 – Authorizing the City Manager to Enter Into the Renewal Agreement for MAGNET Software Licenses • Temporary Liquor License – Application by Mary Queen of Peace Church, 676 W. Lockwood Ave., to Sell Beer and Wine by the Drink for Consumption on the Premises Where Sold at Their Bratfest on September 24, 2023 • Liquor License – Application to Sell Liquor by the Drink for Consumption on the Premises Where Sold, and on Sundays, by Madrina, 101 W. Lockwood Avenue APPOINTMENTS TO BOARDS AND COMMISSIONS No appointments. EXECUTIVE (CLOSED) SESSION Councilmember Bliss made a motion, which was seconded by Councilmember Richardson, to go into Executive Closed Session per Confidential Communications with Auditor [MO Statute 610.021 (17)]. Mayor Arnold called for the vote to go into Executive (Closed) Session. MEMBERS VOTING: AYES: FRANKLIN, SMITH, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS NOES: NONE ABSENT: ALEXANDER 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 8:37 P.M. on motion of the Mayor, duly seconded. PASSED AND APPROVED this _______day of ____________________ 2023. __________________ Mayor _____________________ City Clerk 2 Exhibit A  Exhibit B Nakazono, Katie From: Dave Buck <dave@buckstl.com> Sent: Wednesday, August 2, 2023 10:49 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; Nakazono, Katie; Starkey, Jenny; Perry, Mara; Davis, Scott; Rehg, Todd; Curtis, Dale; Perks, Greg; Ellis, Brett; Bainter, Gary Cc: Jaime Mowers; Kevin Murphy; Randy Drilingas; websterjournal@gmail.com; Arnold Stricker; Mark Langston; Jeff Smith; Annie T; Chris Redford; john ahearnstudio.com; Jamie Hasemeier; ccoyne@stlcc.edu; Lexie O'Brien; info@thehubbicyclecompany.com; Holland Saltsman; Shop Descendant; Pincus, Michael J.; Gerry Welch; Kathy Hart; Toni Hunt; Sebastian Bellomo; Jeanne Kirkton; Bill Newhouse; Karen Beck Subject: Dave Buck's "Remarks from the Community & Visitors" at WG City Council Regular Meeting, Tuesday Evening, August 1, 2023 Caution: This is an External Message ‐ Please be cautious when opening links or attachments “During Remarks In your mee ng two weeks ago, I asked a ques on regarding where City Council stands on the possible slogan, “City of the Arts”, and I want to thank, Laura, for mee ng with me in‐person last week to discuss. Regarding the future of the Aqua c Center, for years our family were ac ve recrea onal users of the center, plus my kids were members of the Webster Waves compe ve summer swim team, then later coached the Waves, and also worked as lifeguards and assistant pool managers. As a 23‐year resident of Webster Groves, I am 100% on the side of Councilmember, Sarah Richardson’s “ALL IN” posi on and her strong view that the center is loved and used by many in our community and, over its 30 year span to date, has become a top civic strength, equity and asset. As such, Council should commit to full replacement of the pool, etc. AND install the new lap pool encloser to permit year‐round indoor swimming, swim lessons, swim meets, etc. As Pam knows, a couple of weeks ago, I had the opportunity to give a short talk to the Webster Groves‐Shrewsbury‐Rock Hill Chamber of 1 Commerce on the subject of crea ve thinking. As such, to complement your previous Council work session discussion, I would ask you to turn the clock back 30 years, to 1993. At that point, Webster Groves and other St. Louis County ci es had their own standard municipal swimming pools. These pools were uniformly rectangular in shape, usually with lane line markers in the bo om, and some mes with a one meter diving board and diving well. This was the classic, conven onal & accepted pool design at the me. I have no idea who specifically led the charge, but the city leaders in Webster Groves at the me had the vision to take a risk and embrace a new, radical and truly innova ve idea for our area: not just an ordinary swimming pool, but a fun WATER PARK, that combined a conven onal swimming pool with a fun theme park. And thus was born what is known today as our AQUATIC CENTER! My point is that this new revolu onary idea did not exist anywhere else in the area. Our city leaders had no market research, no data, no numbers to back‐up their decision or make comparisons, etc. As such, to me, they greenlighted the project because THEY BELIEVED IN THE POWER OF IDEA, THEY BELIEVED THAT IT WOULD PROVIDE A BIG BENEFIT TO THE COMMUNITY and THEY BELIEVED IN THEMSELVES & TRUSTED THEIR OWN JUDGMENT so much, it was well‐worth taking the RISK to make it a reality. Stated differently, they built our Aqua c Center on faith, not on budget ra onale. And the rest, as they say, is history that has provided 30 years of fun, recrea on and financial benefit as a gemstone of our community. Finally, just last year, 80% of our community voted overwhelmingly to approve the WG School District’s Prop S, the $45 million no tax increase bond issue to totally tear‐out the en re Moss Field sports complex 2 star ng this September and construct an all‐new wonderful, modern and dynamic new complex for the School District and en re community to use and enjoy. The need for the full replacement of the Aqua c Center is totally consistent with this effort and will gain widespread community support, without a doubt. I am but one, but I am ONE!!!! And this one resident votes for full replacement AND the new pool enclosure for indoor and year‐round use!!!” PEACE. Dave 3  RESOLUTION #2023-37 AUTHORIZING THE CITY MANAGER TO DISBURSE THE FY-2024 PAYMENT RELATED TO THE MULTI-YEAR AGREEMENT FOR LIFEGUARD MANAGEMENT SERVICES WHEREAS, the Department of Parks and Recreation (City) entered into a multi- year agreement for lifeguard management services in FY-2023; and WHEREAS, the agreement with Midwest Pool Management, 156 Weldon Parkway, Maryland Heights, MO 63043, in the amount not-to-exceed $256,647 for the second year (FY-2024) is now due. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, that the City Manager is hereby authorized to disburse the second payment (FY-2024), per the multi-year agreement with Midwest Pool Management, in the amount not to exceed $256,647, and to assure that all items constituting the agreement are provided in accordance with specifications. BE IT FURTHER RESOLVED, that funds for these services shall be paid from the Aquatic Center Professional Services account. ADOPTED this _______day of ______________, 2023. _____________________________ MAYOR ATTEST: _______________________________ CITY CLERK  RESOLUTION #2023-38 AUTHORIZING THE CITY MANAGER TO PURCHASE ONE (1) REPLACEMENT TRUCK AND PURCHASE AND INSTALL A NEW TRASH HAULING DUMP BED INSERT FOR THE PARKS AND RECREATION DEPARTMENT WHEREAS, the City desires to purchase a replacement truck, with dump bed insert, for the Parks and Recreation Department; and WHEREAS, the Statewide bid contract of Joe Machens Ford Lincoln, 1911 W. Worley, Columbia, MO 65203, in the amount of $85,000.00, for a 2024 Ford F- 350, with dump bed insert, was determined to be the most advantageous bid received in accordance with the specifications. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES, that the City Manager be authorized to accept the bid, and to enter into a contract, with Joe Machens Ford Lincoln, for the sum hereinabove set forth, and to assure that all items constituting the bid are provided in accordance with specifications. BE IT FURTHER RESOLVED, that funds for this purchase shall be paid from the Park Improvement Sales Tax Fund. ADOPTED this ______day of _____________, 2023. __________________________ MAYOR ATTEST: ______________________________ CITY CLERK  RESOLUTION 2023-39 AUTHORIZING THE CITY MANAGER TO PURCHASE LEGAL SERVICES, AND PROSECUTOR SERVICES, FROM THE BRUNTRAGER AND BILLINGS FIRM IN ACCORD WITH THE PREVIOUSLY AUTHORIZED AGREEMENT WHEREAS, the City of Webster Groves has contracted with Bruntrager and Billings, PC to provide City Attorney and Prosecutor services; and WHEREAS, pursuant to City Ordinance 3.135 (d), the purchase of goods or services over the amount of $25,000 requires approval of the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Webster Groves, Missouri, the encumbered appropriation of up to $138,000 for the services previously authorized by the City, to Bruntrager and Billings, PC is approved. BE IT FURTHER RESOLVED, the funds appropriated shall be from the General Fund. Passed and approved on this _______ day of ________, 2023. __________________________________________ Mayor ATTEST: ______________________________________ City Clerk  RESOLUTION 2023-40 AUTHORIZING THE CITY MANAGER TO PURCHASE EMS BILLING SERVICES FROM PROCLAIMS EMS BILLING, AND AMENDING THE BUDGET FOR FY-2024 WHEREAS, the City of Webster Groves has contracted with ProClaims EMS Billing to provide billings services for ambulance services provided; and WHEREAS, pursuant to City Ordinance 3.135 (d), the purchase of goods or services over the amount of $25,000 requires approval of the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Webster Groves, Missouri, the encumbered appropriation of up to $84,000 for the services previously authorized by the City to ProClaims EMS Billing is approved; and BE IT FURTHER RESOLVED, the funds appropriated shall be from the General Fund; and BE IT FURTHER RESOLVED, the budget for FY-2024 is amended to include an increase in appropriations of $48,000 in the General Fund. Passed and approved on this _______ day of ________, 2023. __________________________________________ Mayor ATTEST: ______________________________________ City Clerk