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 – FEBRUARY 20, 2024 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: • Council Retreat Planning • Procurement of Policy Discussion 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 – FEBRUARY 20, 2024 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. RECOGNITION • Green Our Cities Award III. REMARKS FROM THE COMMUNITY AND VISITORS IV. NEW BUSINESS - MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER V. UNFINISHED BUSINESS 1. Bill #9245 – Third Reading – An Ordinance Designating and Establishing the Structures and Surrounding Property Located at 407 Fairview Avenue as City Designated Historic Landmarks and Matters Related Thereto VI. NEW BUSINESS 1. Bill #9246 – First and Second Reading - An Ordinance Authorizing the City Manager to Execute, on Behalf of the City of Webster Groves, a Permanent Sidewalk Easement to the St. Louis County Department of Transportation and Public Works Related to a Portion of Property Located by 8180 Big Bend Blvd., Associated with Federal Project No. STP-5537 (624) VII. APPROVAL OF CONSENT AGENDA 1. Approval of Minutes – February 6, 2024 2. Liquor License - Application for Temporary Liquor License for Webster Arts Fair, Located on the Eden Seminary Grounds, 475 E. Lockwood Avenue, by Webster Arts, 2 Summit Ave., to Sell Beer and Wine by the Drink for Consumption on the Premises Where Sold, on June 7-9, 2024 3. Resolution #2024-07 – Authorizing the City Manager to Purchase a New Tractor for the Parks Department 4. Resolution #2024-08 - Resolution Urging Senators and Representatives of the Missouri General Assembly to Oppose any Legislation or Proposal to Eliminate the Taxation of Retail Sales on Food That Does Not Contain Revenue Replacement for Municipalities and School Districts 5. Resolution #2024-09 – Authorizing an Intergovernmental Agreement for Participation in the Mutual Aid Box Alarm System 6. Liquor License – Application for Temporary Liquor License for Mary Queen of Peace Church, 676 W. Lockwood Avenue, to Sell Beer and Wine by the Drink for Consumption on the Premises Where Sold at Their Spring Festival April 26-27, 2024 (Rain Date – April 28, 2024) [Tentative Dates for Beer Truck Delivery – April 24 or 25, 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 – MARCH 5, 2024  BILL # 9245 ORDINANCE # 9245 AN ORDINANCE DESIGNATING AND ESTABLISHING THE STRUCTURES AND SURROUNDING PROPERTY LOCATED AT 407 FAIRVIEW AVENUE AS CITY-DESIGNATED HISTORIC LANDMARKS AND MATTERS RELATED THERETO WHEREAS, it has been declared the public policy of the City through Chapter 52 of the Code of Webster Groves (“the Code”) that the protection and enhancement of buildings, structures and sites of special historic, aesthetic or architectural significance are required in the interest of promoting the educational cultural, economic and general welfare of the City; and WHEREAS, the structures and surrounding property located at 407 Fairview Avenue (“the Structures”) were nominated for designation as historic structures; and WHEREAS, the Webster Groves Historic Preservation Commission (“the Commission”) duly held a public hearing on January 9, 2024 for public comment about whether the Structures should be designated as landmarks; and WHEREAS, the Commission recommended by a vote of 8-0 that the Structures be designated as historic structures; and WHEREAS, consideration of the recommendation was referred to the City Council, which duly held a public hearing on February 6, 2024 and received comment about whether the Structures should be designated as landmarks; and WHEREAS, the City Council has considered the record and recommendations made by the Commission and all public comment regarding the Structure: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER GROVES: Section 1. The City Council hereby finds the following facts support the designation of each of the Structures as significant historic structures: A. Documents: Ownership/legal information as listed in the St. Louis County Department of Revenue records for the following property: 407 Fairview Avenue B. Description of important features: The Scandinavian Romanesque Revival Church built in 1904 is a rectangular one story frame structure with a bell tower. The church has a steep-pitched gable roof with he gable end facing forward. The roof is slightly flared at the eaves where the bargeboards are decoratively shaped. The bell tower, it’s hipped and flared eight sided spire in the upper  section is attached at the front corner of the building. The doorway is raised several steps off a concrete porch and has a gable-roofed canopy supported by brackets. The double doors are decoratively paneled and have round- arched windows in the upper portions. A triple clerestory window is above the entry, with opalescent stained glass in the three tall round-arched openings, the center one of which is taller. A circular vent is above the window in the gable. Three smaller windows in the faced, and two others in the bell tower have segmented arched heads. The belfry windows are paired round-arched openings set within larger round-arched frames. The side windows are tall and rectangular. The concrete block foundation is scored to simulate stone. The parsonage to the east of the church was built in 1920 after the church and had operated later as the church offices and a rental property. C. History and Significance (written by Judy Little in 1991 for the Historic Inventory Sheet for the State Office of Historic Preservation): The origins of Bethany Lutheran Church began in 1877 when Danish immigrants in Webster Groves established and built a small Scandinavian Lutheran Church on Lockwood near Gray. This congregation existed for about twenty years. In 1897, some of the members contacted the newly formed United Danish Evangelical Lutheran Synod and with their help organized Bethany Lutheran Church. The charter members are listed as Abel Nielsen Winthers, Anders Petersen, Jens Anderson, H.C. Anderson, Jens Nissen, Hans Bock, Peter Hansen, L.P. Hansen, Hans Hansen and Jacob Braroe. J.K. Jensen was the first pastor. The church’s second pastor. Niels Bentsen, whose service began after 1899, led the church to the construction of a new building in 1904. After purchase of a lot by the Ladies Aid Society, the plans were drawn by P. Petersen, and the men of the congregation did most of the construction work. A Danish artist, B. Hellig, who had come for the St. Louis World’s Fair and was housed by Reverend Bentsen, created the painting over the alter in exchange for his room and board. The Young People’s Society paid $40 to Rev. Bentsen for Mr. Hellig’s stay and $25 to Mr. Helic for materials for painting which depicts Jesus at Bethany in the home of his friends, Mary and Martha. The art glass windows were installed in the thirties in memory of various founders of the congregation. Workship services were held in Danish until 1926 when English was also used. After 1930, all services were in English. Most members of the congregation were of Danish descent until 1960, when Bethany became past of the American Lutheran Church. Danish members eventually became the minority but some of their traditions continued. In 1988, the American Lutheran Church, the Evangelical Church in America, and the Lutheran Church of America merged into the new Evangelical Lutheran Church in America. Bethany is now a part of the Central States Synod of the ELCA.  The Property: 407 Fairview Avenue (Locator #22K510057) - A tract of land being described as Tuxedo Park Lots 44 thorough 46. Section 2. The factual findings in Section 1 above demonstrate that each Structure qualifies for historic designation and preservation under each subsection of Section 52.190 of the code because of: A. Its character, interest, or value as a part of the development, heritage, or cultural characteristics of the community, county, state or country; B. Its potential to be returned to an accurate historic appearance regardless of alterations or insensitive treatment that can be demonstrated to be reversible; C. Its identification with a person or persons who significantly contributed to the development of the community, county, state or country; D. Its embodiment of distinguished characteristics of an architectural type valuable for the study of a period type, method of construction, or use of indigenous materials; E. Its embodiment of elements of design, detailing, materials or craftsmanship that render it architecturally significant; F. Its unique location or singular physical characteristic that make it an established or familiar visual feature of the neighborhood, community or City; G. Its suitability for preservation or restoration; and H. Its potential to yield information important to history and prehistory. Section 3. Based on the written evidence presented and the oral testimony given, the City Council hereby finds that the Structures have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation and restoration. Section 4. The City Council hereby designates the Structure as an historic structure. The Structure is more particularly identified in Section 1D above and with the following locator number as shown in the records of the Director of Revenue for St. Louis County, Missouri: 22K510057; Section 5. The City may erect signage within the public right of way at the front of the properties where the Structures are located that designates them as historic landmarks and may provide information to the public concerning the historic nature of the Structures. Section 6. If any section, subsection, clause or phrase of this ordinance is for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses and phrases be declared unconstitutional. Section 7. All ordinances, resolutions or parts of ordinance or resolutions previously passed that are inconsistent in whole or in part are hereby repealed.  Section 8. This Ordinance shall not be published in the Code of Webster Groves. Section 9. This Ordinance shall be in effect from and after its passage and approval as provided by law. Passed and Approved this _____ day of _______________ 2024. _____________________________ Mayor ATTEST: ____________________________ City Clerk  BILL #9246 ORDINANCE #9246 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF WEBSTER GROVES, A PERMANENT SIDEWALK EASEMENT TO THE ST. LOUIS COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS RELATED TO A PORTION OF PROPERTY LOCATED BY 8180 BIG BEND BLVD., ASSOCIATED WITH FEDERAL PROJECT NO. STP-5537 (624) WHEREAS, the St. Louis County Department of Transportation and Public Works has requested that the City of Webster Groves grant them a permanent sidewalk easement for a portion of property located by 8180 Big Bend Blvd., in order to complete their project affiliated with Federal Project No. STP-5537 (624). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEBSTER GROVES, MISSOURI, AS FOLLOWS: Section 1. The City Council hereby authorizes the City Manager to enter into an Agreement with the St. Louis County Department of Transportation and Public Works consistent with the understanding set forth above and substantially in the form of the agreement/easement attached hereto and incorporated herein as Exhibit A. Section 2. This ordinance shall not be printed in the Code of Webster Groves. Section 3. This ordinance shall be effective immediately upon passage and approval as provided by law. PASSED AND APPROVED this ________ day of _____________________, 2024. ________________________________ MAYOR ATTEST: ____________________________________ CITY CLERK February 12, 2024 Dr. Marie Peoples City Manager City of Webster Groves 4 East Lockwood Webster Groves, Missouri 63119 RE: Acquisition of Right-of-Way Big Bend Boulevard Resurfacing St. Louis County Project No. AR-1794 Federal Project No. STP-5537 (624) Parcel No. 10 Address of Property Affected: 8180 Big Bend Boulevard Dear Dr. Peoples: St. Louis County Department of Transportation and Public Works has plans for a road improvement project on Big Bend Boulevard, St. Louis County Project No. (AR-1794), Federal Project No. STP-5537 (624). This Department has prepared the enclosed engineering drawings, which describe the proposed project and will oversee the construction of this road improvement. We do want to inform you that you do have the right to receive compensation for the land in question, as determined by an appraisal of the property rights needed from your property. We have enclosed a Right of Way Acquisition leaflet for your review. This will explain the process which must be followed to acquire the necessary property rights. Due to the benefits to be derived from the project, we are hopeful we can reach an agreement with the City of Webster Groves to donate approximately twenty-nine (29) square feet of Permanent Sidewalk Easement (PDE) to accomplish the roadway improvements. We assure you that access will be provided to your property at all times. If you are agreeable to the exchange as proposed, we would appreciate you acknowledging this agreement and waiver of compensation by signing below. We appreciate your support and look forward to the continuation of our road improvement project. Should you have any further questions or concerns, please feel free to contact Matt Rankin, Right-of-Way Representative, at (314) 615-8537. Regards, for SLS Stephanie Leon Streeter, Director SLS:MLR:mtb Enclosures: Engineering Drawings Deed Documents Right of Way Acquisition Leaflet Dr. Marie Peoples Date City Manager, City of Webster Groves Big Bend Boulevard Resurfacing St. Louis County Project: AR-1794 Federal Project No. STP-5537 (624) Parcel No. 10 PERMANENT SIDEWALK EASEMENT THIS ACQUISITION IS AUTHORIZED BY ST. LOUIS COUNTY ORDINANCE NO. 28,858, 2023, DATED, September 8, 2023 THIS INDENTURE made and entered into this day of , 2024, between City of Webster Groves, Missouri, A Municipal Corporation, of the County of St. Louis, State of Missouri, Grantor, and ST. LOUIS COUNTY, MISSOURI, 41 South Central, Clayton, Missouri 63105, Grantee. WITNESSETH, that the said Grantor, for and in consideration of the sum of One Dollar and No Cents ($1.00) paid by the said Grantee, the receipt of which is hereby acknowledged, does by these presents, grant unto the said Grantee, a permanent sidewalk easement for the purpose of constructing, repairing, and maintaining sidewalks in and upon the following described property to wit: PERMANENT SIDEWALK EASEMENT SEE ATTACHMENT “EXHIBIT A”, Permanent Sidewalk Easement Description, Page 3 TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging, unto the said Grantee, and to its successors, heirs and assigns forever. IN WITNESS WHEREOF, the said Grantor has executed these presents the day and year first above written. _________________________________ Dr. Marie Peoples City Manager City of Webster Groves 1 Big Bend Boulevard Resurfacing St. Louis County Project: AR-1794 Federal Project No. STP-5537 (624) Parcel No. 10 State of Missouri,  ss. County of St. Louis On this ______day of _____________________, 2024, before me appeared Dr. Marie Peoples, to me personally known, who being by me duly sworn, did state that she is the City Manager of the City of Webster Groves, Missouri, an incorporated political subdivision of the State of Missouri, and said instrument was signed and sealed on behalf of said City, and said Dr. Marie Peoples acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My term expires: 2 Big Bend Boulevard Resurfacing St. Louis County Project: AR-1794 Federal Project No. STP-5537 (624) Parcel No. 10 3  CITY OF WEBSTER GROVES February 6, 2024 The City Council met this date in a regular session, in-person in the Council Chambers, and via Zoom, at 7:33 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 Katie Nakazono, City Clerk PROCLAMATIONS/RECOGNITIONS The Mayor and Council recognized February as Black History Month. The 2024 Black History Month proclamation also recognized (Janet) Irene Thomas. It will be given to Webster University. PUBLIC HEARING Designation of the Structure and Surrounding Property as City Designated Historic Structures Located at: 407 Fairview Avenue (Bethany Lutheran Church) Mayor Arnold opened the public hearing. Mara Perry addressed the applicable PowerPoint and addressed questions of the Council. (See Exhibit A.) Carol Duenke, 305 Simmons Ave, spoke in favor of the City Historic Designation as a member of the Historic Preservation Commission (HPC) based on the HPC hearing prior to the February 6 City Council Meeting. She expressed that the HPC role is to act in service to the community and that the community has expressed this building has personal meaning. She addressed current owner (Lutheran Synod) has no interest in the building. However, the designation will not put any burden on the Synod maintenance or otherwise. Jim Bennett, 106 Authur Ave, spoke in favor of the Historic Designation. He stated that as a Eden Seminary doctoral student he lived in the parsonage at 405 Fairview for 4 years. As well, he and his family worshipped and were active with the congregation. He was part of the clean-out team this past summer. That process brought back many memories. He had a conversation with the bishop about potential functional use but was told the Synod offices in KC want to sell because the building is a “financial drain” and that it “does not belong to the congregation.” He stated the Synod also recalled historical documents that had been hosted by the Danish Society. He suggested that because of its architectural and cultural significance potential future use of the building could include use by the Danish Society or as another type of community center. February 6, 2024 Tracy Downing, 238 Park Rd., spoke in favor of the Historical Designation. Her personal history is as a descendant; her great grandparents were founding members. As well, her aunts and uncles were confirmed/baptized and active members. She addressed why descendants were getting involved late. It was not known until after the Synod had closed the church. The Synod had not been investing in the building by maintaining it. And it confiscated congregational heritage funds left specifically to Bethany through wills, estimated $100,000+. When she got involved, she discovered a dumpster filled with church artifacts, photo albums, and ledgers. She sought approval and was granted permission to retrieve items from the dumpster within a couple days, but the dumpster was removed within 2 hours. As well, she believes there are documents that have disappeared, possibly destroyed that belong to the Danes. She questions the urgency for the Synod to sell with the intent to demolish and subdivide the plot (“according to the MLS listing”. “The ELCA” [Synod] stands to make a big profit but has no investment in the property or the community it was part of. Dave Buck, 124 S Elm Ave. [See Exhibit B] The City Council discussed the presentation and testimonies. City Attorney Bruntrager entered [Exhibit C] into the Public Record. Mayor Arnold closed the public hearing. Bill #9245 – First & Second Reading Councilmember Hixson Shepard introduced BILL #9245 - AN ORDINANCE DESIGNATING AND ESTABLISHING THE STRUCTURES AND SURROUNDING PROPERTY LOCATED AT 407 FAIRVIEW AVENUE AS CITY DESIGNATED HISTORIC LANDMARKS 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 Carmen Freeman, 319 Oak Tree Drive, stated the deer have become problematic in her Southeast Webster neighborhood because of the Edgar Road MSD project displacing the deer. She would like someone to think about solutions because they are destructive. Dave Buck, 124 S Elm Avenue. [See Exhibit D] NEW BUSINESS – MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER No new business. UNFINISHED BUSINESS Bill #9243 – Third Reading On motion of Councilmember Alexander, seconded by Councilmember Richardson, BILL #9243 - ENTITLED AN ORDINANCE LEVYING THE COST OF ABATING CERTAIN NUISANCES (REMOVAL OF GRASS, WEEDS, AND 2 February 6, 2024 LIMBS, ETC.) AS SPECIAL TAX BILLS AGAINST THE PROPERTIES HEREINAFTER DESCRIBED AND CONSTITUTING LEVIES AS LIENS ON THE RESPECTIVE PROPERTIES, having been introduced and read twice on January 16, 2024, was taken up its title read a third time and placed upon its passage to become Ordinance #9243. Mayor Arnold called for the vote on Bill #9243. MEMBERS VOTING: AYES: BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD NOES: NONE Mayor Arnold stated Bill #9243 was approved. CONSENT AGENDA A motion was made by Councilmember Franklin, seconded by Councilmember Richardson, to approve the Consent Agenda. Mayor Arnold called for the vote on the Consent Agenda. MEMBERS VOTING: AYES: FRANKLIN, SMITH, ALEXANDER, RICHARDSON, HIXSON SHEPHERD, ARNOLD, BLISS Mayor Arnold stated that the Consent Agenda was approved. The following Consent Agenda was approved: • Approval of Minutes – January 16, 2024 • Liquor License – Temporary Liquor License for Mary Queen of Peace Church, 676 W. Lockwood Avenue, to Sell Beer and Wine by the Drink for Consumption on the Premises Where Sold at their Fish Fries on February 16, 2024 and March 22, 2024. • Resolution #2024-05 – Amending the budget for Fiscal Year 2024 • Resolution #2024-06 – Authorizing the City Manager to Enter into a Contract for Roof Restoration at City Hall APPOINTMENTS TO BOARDS AND COMMISSIONS • Richard Ewrin was appointed to the Arts Commission. • Charles Jahneke was appointed to the Architectural Review Board. EXECUTIVE (CLOSED) SESSION No Closed Session. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 8:36 P.M. on motion of the Mayor, duly seconded PASSED AND APPROVED this _______day of ____________________ 2024. __________________ Mayor ___________________ City Clerk 3 Exhibit A City Council February 6, 2024 Exhibit A Bethany Lutheran Church 407 Fairview Local Historic Nomination City of Webster Groves Historic Designation (Not a listing on the National Register of Historic Places.) Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview Section 52.180 Nomination of Landmarks and Historic Districts. Nominations shall be made to the HPC on a form prepared by it and may be submitted by an owner of record of the nominated property or structure, by motion of the HPC acting as a body, or by motion of the City Council acting as a body. Nominations shall be submitted to the office of the Building Commissioner, who shall, within seven (7) days of receipt, mail a notification of the intent to nominate to the owner of record of the nominated property. Forms and criteria for nomination will be available at the office of the Building Commissioner. Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview a. Its character, interest, or value as a part of the Section 52.190 Criteria for development, heritage, or cultural characteristics of Consideration of the community, county, state or country; Nomination: b. Its overall setting and harmony as a collection of The HPC shall, upon such buildings, structures, objects where the overall collection forms a unit; investigation as it deems necessary, make a c. Its potential to be returned to an accurate historic determination as to whether a appearance regardless of alterations or insensitive nominated property, structure, treatment that can be demonstrated to be reversible; site, area or district meets one or more of the following d. Its location as a site of a significant local, county, criteria, based on the criteria state or national event; for evaluation for the national e. Its identification with a person or persons who register of historic places: significantly contributed to the development of the community, county, state or country; Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview f. Its embodiment of distinguished characteristics of an architectural type valuable for the study of a period type, method of construction, or use of Section 52.190 Criteria for indigenous materials; Consideration of g. Its identification as the work of a master builder, Nomination: designer, architect or landscape architect whose The HPC shall, upon such individual work has influenced the development of the community, county, state or country; investigation as it deems necessary, make a h. Its embodiment of elements of design, detailing, determination as to whether a materials or craftsmanship that render it nominated property, structure, architecturally significant; site, area or district meets one i. Its embodiment of design elements that make it or more of the following structurally or architecturally innovative; criteria, based on the criteria j. Its unique location or singular physical for evaluation for the national characteristic that make it an established or familiar register of historic places: visual feature of the neighborhood, community or City; Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview k. Its character as a particularly fine or unique example of a utilitarian structure, including, but not Section 52.190 Criteria for limited to farmhouses, gas stations or other Consideration of commercial structures, with a high level of integrity Nomination: of architectural significance; The HPC shall, upon such l. Its suitability for preservation or restoration; and investigation as it deems m.Its potential to yield information important to necessary, make a history and prehistory. determination as to whether a nominated property, structure, site, area or district meets one Any structure, property or area that meets one or or more of the following more of the above criteria shall also have sufficient criteria, based on the criteria integrity of location, design, materials and workmanship to make it worthy of preservation and for evaluation for the national restoration. register of historic places:  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview Documentation on the history of the property: a. Bethany Lutheran Church historic timeline narrative o. The New-Times Webster Groves Article October 1, 1926 from the Webster Groves Historical Society p. Webster Kirkwood Times Article, July 24, 1997 b. Bethany Church history timeline – writer unknown q. Dedication of Ship of Faith, Dec. 1, 2002 with photo of ship c. Bethany Lutheran Church Historic Inventory Sheet model r. St. Louis Lutheran article, Dec. 1, 2002. “Model Ship to prepared by Judy Little with St. Louis County Parks take place in local Church” December 1991. s. Webster Kirkwood Times Article October 14, 2005 d. Bethany Lutheran Church Historic photo, November t. Webster Kirkwood Times Article October 12, 2007 20, 1904 u. Webster Kirkwood Times Article August 29, 2022 e. Articles of Incorporation 1906 Konstitution v. Webster Kirkwood Times Article September 12, 2022 f. Ministerialbog (church census) 1899-1926 g. 75th Anniversary Commemoration Booklet h. 100th Anniversary Commemoration Pamphlet i. Undated historical overview j. Photo of subscribers to build the church, Nellie and Charlie Andersen, undated k. List of subscribers to build church, undated l. Three (3) bids for construction of church building m. Receipts for various church building elements n. St. Louis Post Dispatch Letter to the Editor February 4, 1910  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview Tuxedo Park Plat Recorded with St. Louis County June 4, 1890 Fairview used to be Providence  Exhibit A Local Historic Nomination Process and Procedures All land under common ownership 1-16-1933 Land deemed merged by operation of law 9-20-1956 with the Zoning Code  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview Ministerialbog (church census) 1899-1926 Nellie and Charlie Anderson  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview List of subscribers to build church, undated  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview  Exhibit A & C Local Historic Nomination Bethany Lutheran Church – 407 Fairview Exhibit List Ordinance 9245: 1. Ownership/legal information as listed in the St. Louis County Department of Revenue records. 2. Copy of the Notice of Public Hearing that was posted on the property on December 21, 2023 3. Letters to the owner of the property, notifying of the intent to nominate and of the public hearing before the Historic Preservation Commission dated December 27, 2023 4. Affidavit of Publication for Ad in Webster Kirkwood Times 5. Documentation on the history of the property (22 items) 6. E-mails in support of the nomination (4 e-mails) 7. Mara Perry’s Powerpoint before the City Council February 6, 2024 8. Copy of the Historic Preservation Ordinance of the City of Webster Groves, Missouri 9. Copy of The Secretary of Interior Standards for the Treatment of Historic Properties - Standard for Preservation  Exhibit A Local Historic Nomination Bethany Lutheran Church – 407 Fairview Documentation on the history of the property: a. Bethany Lutheran Church historic timeline narrative o. The New-Times Webster Groves Article October 1, 1926 from the Webster Groves Historical Society p. Webster Kirkwood Times Article, July 24, 1997 b. Bethany Church history timeline – writer unknown q. Dedication of Ship of Faith, Dec. 1, 2002 with photo of ship c. Bethany Lutheran Church Historic Inventory Sheet model r. St. Louis Lutheran article, Dec. 1, 2002. “Model Ship to prepared by Judy Little with St. Louis County Parks take place in local Church” December 1991. s. Webster Kirkwood Times Article October 14, 2005 d. Bethany Lutheran Church Historic photo, November t. Webster Kirkwood Times Article October 12, 2007 20, 1904 u. Webster Kirkwood Times Article August 29, 2022 e. Articles of Incorporation 1906 Konstitution v. Webster Kirkwood Times Article September 12, 2022 f. Ministerialbog (church census) 1899-1926 g. 75th Anniversary Commemoration Booklet E-mails h. 100th Anniversary Commemoration Pamphlet i. Undated historical overview 1. Margie Brubaker 12/27/23 j. Photo of subscribers to build the church, Nellie and 2. Deb Peterson 1/2/24 Charlie Andersen, undated 3. Helle Atzen 1/4/24 k. List of subscribers to build church, undated 4. Tim Leishman 1/5/24 l. Three (3) bids for construction of church building m. Receipts for various church building elements n. St. Louis Post Dispatch Letter to the Editor February 4, 1910 Exhibit B From: Dave Buck <dave@buckstl.com> Sent: Wednesday, February 7, 2024 8:18 AM To: citycouncil <citycouncil@webstergrovesmo.gov>; Laura W. Arnold <lawarnold@sbcglobal.net>; Pam Bliss <pam@blisscollaborative.com>; Alexander, Karen <alexanderk@webstergrovesmo.gov>; Richardson, Sarah <richardsons@webstergrovesmo.gov>; Emily Hixson Shepherd <emily.hixson@gmail.com>; David Franklin <davidfranklin64@gmail.com>; Emerson Smith <emersonsmith10@gmail.com>; Peoples, Marie <peoplesm@webstergrovesmo.gov>; Peterson, Eric <petersone@webstergrovesmo.gov>; njbatty@aol.com; Nakazono, Katie <nakazonok@webstergrovesmo.gov>; Starkey, Jenny <starkeyj@webstergrovesmo.gov>; Perry, Mara <perrym@webstergrovesmo.gov>; Cavato, Vera <cavatov@webstergrovesmo.gov>; Perks, Greg <perksg@webstergrovesmo.gov>; Ellis, Brett <ellisb@webstergrovesmo.gov>; Bainter, Gary <bainterg@webstergrovesmo.gov>; info@bethanywebstergroves.org; Hilary Perkins (hehptpl@sbcglobal.net) <hehptpl@sbcglobal.net>; tracydowning4@gmail.com; info@robertbiggsrealtors.com; Tuxedo Park B&B <tuxedoparkbb@gmail.com>; Jeanne Kirkton <jkirkton@earthlink.net>; allie9877@gmail.com; creator@terra-folk.com; jhayesgtr@gmail.com; Jane Brader <buzjane1@icloud.com> Cc: Jaime Mowers <jmowers@timesnewspapers.com>; Kevin Murphy <newsroom@timesnewspapers.com>; Brandi Schubert <schubebm2@gmail.com>; websterjournal@gmail.com; wgecho@wgmail.org; stlintune@gmail.com; Mark Langston <marklangstonstl@gmail.com>; Ree Hamlin <rhamlin@bestversionmedia.com>; rebeccanow@sbcglobal.net; Jake Burrola <jake@rangodigitalsolutions.com>; RONALD ZAGER <rzager@sbcglobal.net>; Clark Hotaling <chotaling@interiorinvestments.com>; Bishop-Elect Deon K. Johnson <djohnson@diocesemo.org>; Valori Sherer <vmsherer@emmanuelepiscopal.org>; dkrause@eden.edu; fatherkevin@holyr.org; Pastor Meagan McLaughlin <pastor@christwg.org>; wendybruner@peaceuccstl.org; Rev. David Denoon <ddenoon@firstchurchwg.org>; efz@wgpc.org; cholway@mqpwg.org; jbryles@websterhillsumc.org; Jeff Moore <jeffmoore@wgcc.org>; zack@riversidestl.org; Eric Hayes <ericrevhayes@att.net>; Stephanie Leonard <unity.umcpastor@gmail.com>; revab2@yahoo.com; carol.johnson@att.net; fbcwg@sbcglobal.net; terrell carter <terrellcarter@msn.com>; wgbc@wgbaptist.com; Pastor Meagan McLaughlin <pastor@christwg.org>; Churches Together for Justice - Google Group <ctjwg@googlegroups.com> Subject: Dave Buck's Public Comments at 2/6/24 City Council Meeting During the Public Hearing Regarding the Proposed Local Historic Designation for Bethany Lutheran Church Caution: This is an External Message - Please be cautious when opening links or attachments “First, I think that tearing down any church is sacrilegious, in a sense. One example from several years ago was the tear-down of the historic Rock Hill stone church to make way for a U-Gas Station & Convenience Store. People are still remembering and hurting from this unfortunate action. Exhibit B Second, the Bethany Lutheran Church situation is, in my opinion, shades of things to come. On one hand, Webster Groves has more churches per square mile than any other of the 91 municipalities in St. Louis County. At last count, I believe this number is 30. But on the other hand, religion in total is on the decline in America and, as I understand it, church attendance is down in Webster Groves across the board, driven in part by the non-attendance of our younger generations. As an unfortunate consequence, a reasonable projection is that more of Webster’s smaller churches may be forced to either consolidate and/or close in the future, much like Bethany Lutheran. Third, I am no architect, but the Bethany church is charming and adorable and sits on one lot at 407 Fairview along with a separate rectory house, with an ample parking lot in the rear. Out of curiosity, yesterday I called Robert Biggs, the realtor whose sign is posted in front of the church and who has the property listed. The asking price, to me, was more than fair and reasonable. Should City Council grant a local historical designation, it would not prevent the sale of the property for whatever the future use might be. In that regard, I then had a delightful, informative and inspiring conversation with the incomparable Maureen Elliott who, along with her husband, Bill, are the owners of the Tuxedo Park STL Bed & Breakfast Inn. To begin with, the similarities between these two properties is significant: Exhibit B - The beginnings and history of both properties are as churches. The Tuxedo Park STL was once the Church on Tuxedo, then the Jubiliee Church. - Both reside in the same neighborhood, Tuxedo Park. - Both sit on a corner, at Bompart & Tuxedo and Fairview & Glen Road, and not too far from each other. - I do not wish to put words in her mouth, but I think nearby Tuxedo Park residents, like across the street neighbor, Jeanne Kirkton, peacefully and joyously co-exist with Tuxedo Park STL. And based on the emotional public comment of the Fairview neighbor last night, I believe the same is true of the residents close to Bethany Lutheran. As such, one such possible idea for the Bethany Lutheran Church property is adaptive reuse and transformation to a new bed & breakfast simply called the “Bethany B&B”. Maureen & Bill would NOT be the purchasers, as they already have their hands full but, even in our conversation yesterday, Maureen is a visionary who conveyed the great potential of this property. Importantly, because Webster Groves does not have a boutique hotel, the demand for bed & breakfasts in Webster is high. The Tuxedo Park STL is often full and people could now have a nearby option if the Bethany B&B existed and it would judgmentally thrive! Bottom-line: awarding Bethany Lutheran a local historic designation but then tearing it down would be great loss. This is a great building with lots of potential to serve our community well and help fill a major need. Exhibit B Thank YOU!” Exhibit D From: Dave Buck 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; Rangel, Karen; Starkey, Jenny; Perry, Mara; Davis, Scott; Cavato, Vera; Perks, Greg; Ellis, Brett; Bainter, Gary Cc: Farrell Carfield; Kathleen Hurley; Elyssa Sullivan; Clark Hotaling; Douglas K. Miller; RONALD ZAGER; Shane Williamson; Vincent C. Flewellen, Chief Diversity Officer; ahall@nerinxhs.org; Churches Together for Justice - Google Group; Jaime Mowers; Kevin Murphy; websterjournal@gmail.com; wgecho@wgmail.org; Eric Hayes; Kita Quinn; Ed Johnson; Kelvin Cunningham; Kevin Brackens; Toni Hunt; croftrj@sbcglobal.net; Angela Brooks Subject: Dave Buck"s Remarks at 2/6/24 City Council Meeting Asking, "What Should Webster Groves" Most Important DEI Priority Be Moving Forward?" Date: Tuesday, February 6, 2024 9:57:52 PM Caution: This is an External Message - Please be cautious when opening links or attachments “In honor of Black History Month, I have been thinking about the present and future focus of DEI, which plays an important role in your strategic plan as a core Value, Guiding Principle and Strategic Goal Area. Webster’s total population has basically stayed unchanged at 23,000 since 1950. However, the diversity & racial mix within our population has changed, leading to this question: What should Webster Groves’ most important DEI priority be moving forward? For years, this priority has focused on dismantling Webster’s white discrimination & racism toward the Black race. But here are TWO other perspectives, backed by 2022 Census Data: FIRST, 85% of Webster’s population is White, with a full 15%, or almost 3,500 people, being Non-White, made up in order of Multi-Racial (two or more races); Hispanic; (3.2%); Black; and Asian. Hispanics are now trending larger than Blacks for the first time in our city’s history. The need to dismantle racism extends well beyond Blacks as these other races have Exhibit D faced their own discrimination, oppression and violence throughout American history. Should Webster broaden its DEI focus beyond Blacks to include ALL Non-Whites? SECOND, according to rankings by Forbes Magazine, Webster ranks #36 on the list of the top 50 richest cities in Missouri, out of 935 cities in the state. Webster’s identity has been as an affluent, white community from the very beginning, earning it the label, “Queen of the Suburbs.” However, despite this affluence, poverty has existed a long time in our city, as the percent of people in Webster currently living below the poverty line is 4.8%, or 1,100 people. That rate is higher for kids under 18 at 6%. Webster is hardly alone, nor is it the highest. The national poverty rate is 11.5% and 13.5% in Missouri. Other St. Louis cities have higher poverty rates than Webster, such as Clayton, Kirkwood and Brentwood, with cities such as Des Peres, Rock Hill, Glendale and Shrewsbury all tracking under Webster. The 2024 poverty guidelines for a family of four is $26,320, while the current Missouri minimum hourly wage of $12.30/hr equates to $25,584 annually, still under the poverty line. Poverty is a long-term problem with no easy solutions, but: Should Webster refocus its DEI efforts to more aggressively move people out of poverty? Exhibit D Thus, I ask: What should Webster Groves’ most important DEI priority be moving forward? I truly wonder and worry how our majority affluent, white community would answer this question or, deep down, if they would even care. Thank YOU.”  RESOLUTION #2024-07 AUTHORIZING THE CITY MANAGER TO PURCHASE A NEW TRACTOR FOR THE PARKS DEPARTMENT WHEREAS, the City of Webster Groves will use the Sourcewell Cooperative Purchasing program to purchase a new tractor for the Parks Department; and WHEREAS, the purchase of this tractor will be from Heavy Duty Equipment, 17371 North Outer 40 Road, Chesterfield, MO 63005, in the amount of $42,624.45, which includes a trade-in on our current tractor. This bid was determined to be the most advantageous bid in accordance with 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 of Heavy Duty Equipment, and to enter into a contract, 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 Fund. ADOPTED this ______day of _____________, 2024. __________________________ MAYOR ATTEST: ______________________________ CITY CLERK  RESOLUTION #2024-08 A RESOLUTION URGING SENATORS AND REPRESENTATIVES OF THE MISSOURI GENERAL ASSEMBLY TO OPPOSE ANY LEGISLATION OR PROPOSAL TO ELIMINATE THE TAXATION OF RETAIL SALES ON FOOD THAT DOES NOT CONTAIN REVENUE REPLACEMENT FOR MUNICIPALITIES AND SCHOOL DISTRICTS WHEREAS, the City of Webster Groves, Missouri’s elected and appointed officials maintain steadfast stewardship of the public's finances by efficiently and effectively balancing revenues and expenses; and WHEREAS, a significant portion of Missouri’s annual revenue is generated by the taxation on the retail sale of goods and services within its boundaries; and WHEREAS, sales tax revenue plays a crucial role in sustaining critical local municipal services and infrastructure such as police and support staff, snow removal, low cost waste and recycling services, recreational programs, playgrounds, summer camps, road and sidewalk repair, and more; and WHEREAS, approximately $1 million dollars in annual sales tax revenue in the City of Webster Groves, Missouri, is collected from the imposition of sales tax on food items; and WHEREAS, senators and representatives in the Missouri General Assembly have collectively introduced six bills to eliminate the collection of sales tax on food items without proposing a clear or feasible plan to replace lost revenue; and WHEREAS, the proposed elimination of municipal sales tax on food products poses a significant threat to the financial stability and operational capacity of the City of Webster Groves, Missouri, neighboring cities, and all counties, villages, townships, and municipalities in the State of Missouri; and WHEREAS, the leadership of Webster Groves appreciates the desire of some legislative leaders to relieve the financial burden on our residents of modest incomes and would be willing to consider a means-tested proposal and a proposal that provides a state level replacement of lost revenue; and WHEREAS, the elimination of this revenue stream would have a harmful impact on the quality of life for the City's residents as the funding for essential services and infrastructure would be significantly reduced; and  WHEREAS, maintaining the current tax structure on food items and providing a state-based means of replacing this revenue is critical to ensure balanced budgets for local governments, enabling the City of Webster Groves, Missouri, and neighboring communities to continue providing necessary services and fulfilling their responsibilities to residents and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WEBSTER GROVES, STATE OF MISSOURI, AS FOLLOWS: Section One: The City of Webster Groves, Missouri City Council recognizes the necessity of maintaining municipal sales tax on food items to sustain critical local government services. Section Two: The City of Webster Groves, Missouri City Council calls on the senators and representatives of the Missouri General Assembly to oppose any legislation or proposal seeking the elimination of municipal sales tax on food products that does not include revenue replacement for local government entities and is means tested. In doing so, securing the safety and welfare of Missouri residents and safeguarding the financial viability of local governments across the state. Section Three: The City of Webster Groves, Missouri City Council urges neighboring municipalities to educate its state elected officials and residents on the negative effects of eliminating the taxation of retail sales on food. Section Four: The City of Webster Groves, Missouri City Council directs the City Manager to forward a copy of this Resolution to senators and representatives of the Missouri General Assembly representing the west St. Louis County region. Section Five: This Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed and Approved on this __________day of _______________, 2024. _____________________________ MAYOR ATTEST: __________________________________ CITY CLERK  RESOLUTION #2024-09 A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE MUTUAL AID BOX ALARM SYSTEM WHEREAS, the Mutual Aid Box Alarm System (MABAS) was organized beginning in 1968 in the northwest and western suburbs of Chicago, Illinois to coordinate and automate fire department mutual aid, based roughly on the Chicago Fire Department's box alarm system of predetermined resources assigned to respond to a specific incident or area. Since 1968, MABAS has grown into a multi-state organization to coordinate responses to fires, emergency medical calls, hazardous material, technical rescue and other emergencies and disasters through prearranged mutual aid and dispatch agreements. The system is designed to facilitate all levels of mutual aid from day-to-day automatic aid responses to major incidents and disasters requiring significant deployment of resources. MABAS member Units include the gambit from all-volunteer fire departments to major cities like Chicago, Milwaukee and St. Louis; and WHEREAS, since the last revision of the master MABAS intergovernmental agreement in about 1988, MABAS has grown exponentially to its current composition of almost 1200 Illinois Units and 2200 total Units in Illinois and several adjoining States; and WHEREAS, it is the express intent of member Units that the MABAS Agreement be in a form which can be adopted by Units in different States where Units may lawfully enter into agreements providing for their mutual aid and protection. Thus, even if the MABAS Agreement does not specifically cite the applicable current legal authority for a particular State and its member Units, the lack of such citation shall not be construed in any manner as an impediment to or prohibition of Units from other States from joining 1  MABAS. It is also the express intent of the member Units that all Units adopt this same Intergovernmental Agreement without modification; and WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves, with the State, with other States and their units of local government, and with the United States to obtain and share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or ordinance; and to further contract or otherwise associate with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised, or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government including units of local government from another state; and WHEREAS, Section 5 of the "Intergovernmental Cooperation Act", 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, the Council of the City of Webster Groves, Missouri have determined that it is in the best interests of this unit of local government and its residents to enter into a Mutual Aid Box Alarm System Agreement to secure to each the benefits of mutual aid in fire protection, firefighting, rescue, emergency 2 medical services and other activities for the protection of life and property from an emergency or disaster and to provide for communications procedures, training and other necessary functions to further the provision of said protection of life and property from an emergency or disaster. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Webster Groves as follows: SECTION ONE: INCORPORATION OF RECITALS That the recitals set forth above are incorporated here by reference. SECTION TWO: APPROVAL OF AGREEMENT That the Mutual Aid Box Alarm System Master Agreement, (Approved by the MABAS Executive Board October 19, 2022) is hereby approved, and the Mayor and the Clerk are hereby authorized and directed to execute the Mutual Aid Box Alarm System Master Agreement, a copy of which is attached hereto as Exhibit A and made a part hereof. SECTION THREE: REPEALER All prior ordinances, resolutions or motions, or parts of ordinances, resolutions, or motions in conflict with any of the provisions of this Resolution shall be, and the same are hereby repealed to the extent of the conflict. SECTION FOUR: SEVERABILITY This Resolution and every provision thereof shall be considered severable. If any section, paragraph, clause, or provision of this Resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this Resolution. 3  SECTION FIVE: EFFECTIVE DATE This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. ADOPTED this _____day of_________________,2024 by a roll call vote as follows: AYES: _______________________________________________________ _____________________________________________________________ NAYS: _______________________________________________________ _____________________________________________________________ ABSENT: Mayor ATTEST: Clerk 4