City Council - Regular Meetings

CITY OF WEBSTER GROVES November 21, 2023 The City Council met this date in a regular session, in the City Council Chambers, which was available to the public in person, and virtually, at 7:39 p.m. Present at Roll Call: Mayor Laura Arnold Councilmember Pam Bliss Councilmember David Franklin (Via Zoom) 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 Ms. Katie Nakazono, City Clerk PROCLAMATIONS/RECOGNITIONS Mayor Arnold read the proclamations for Native American Heritage Month and Small Business Saturday. H REMARKS FROM TE COMMUNITY AND VISITORS The following residents commented on the parking proposal brought forward by the Traffic Advisory Commission: • Monica Hawkins, 106 Joy Ave. • Tricia Warner, 107 Joy Ave. • Julie Stanley, 25 Mason Ave. • Zach Bodendieck, 212 E. Swon • Jackie Freeman, 105 Mason • Steve Ruzycki, 239 E. Swon • John Reeve, 48 Mason Ave. • Matt Crane, 219 Swon Ave. • Jennifer Boutte, 130 Plant Ave. • Marshall Burton, 40 Mason • Nathan Hardage, 236 E. Swan • Jamie Hasemeier, 215 E. Swon • Doug Stanley, 25 Mason • Shea Hicks, attorney representing, Tim Quinn, 838 E. Pacific Ave., asked the Council to reconsider the flood buyouts, and Mr. Quinn commented on the flood issue as well. • Bridget Moran, 1051 Kuhlman Lane, addressed flood victims and requested information on the appeal process. • Clark Hotaling, 118 W. Cedar, addressed the City's Strategic Plan. • Dave Buck, 124 S. Elm. (See Exhibit A)  Exhibit A Nakazono, Katie From: Dave Buck <dave@buckstl.com> Sent: Tuesday, November 21, 2023 11:36 PM To: Laura W. Arnold; Pam Bliss; Alexander, Karen; Richardson, Sarah; Emily Hixson Shepherd; David Franklin; Emerson Smith; Peoples, Marie; Peterson, Eric; Nakazono, Katie; Bradley, Shelia; Starkey, Jenny; Perry, Mara; Davis, Scott; Rehg, Todd; Curtis, Dale; Perks, Greg; Ellis, Brett; Bainter, Gary; Chris Redford; Carrie Falkenrath; Clark Hotaling; Jamie Hasemeier; Paul Barrs; Aamna Anwer; Jeff Smith; Annie T; stevehunkins@yahoo.com; Lexie O'Brien; ccoyne@stlcc.edu; john ahearnstudio.com; mgbrad@aol.com; Janice Seele; Ben E; tracydowning4@gmail.com; davidgaddison@gmail.com; Hilary Perkins (hehptpl@sbcglobal.net); tdelanty@att.net; hello@maypopshop.com; sswederska@gmail.com; Shop Descendant; Sebastian Bellomo; fransudekum@aol.com; Rasool, Ahmar; Holland Saltsman; John Barr; info@balkantreatbox.com; 'bron.kristyn@sbcglobal.net'; S02405 @starbucks.com; Otto Klemp; info@backandneckcarecenter.ws; Ashley Owens; karen-stout@att.net; gary schoenberger; frank@schnarrs.com; info@thehubbicyclecompany.com; Warner Properties; jmrath@sbcglobal.net; Mark Hinkle; info@theohhf.org; Rebecca Ortyl; greg@mightyoakes.org; wgsdshipley@gmail.com; Embroider the Occasion; info@nehringdesign.com; info@hairsaloon.com; brian mclain; hello@theparkmoor.com; Stanley Browne; Scott Kerr; mary@greendoorartgallery.com; San Jose Webster Groves; Yucandu Art Studio; lynnbozzay7@gmail.com; Gerry Welch; Kathy Hart; Toni Hunt; Bill Newhouse Subject: Sometime During This Thanksgiving Holiday, Please Read My "Remarks from the Community & Visitors" at the 11/21/23 Webster Groves City Council Meeting Caution: This is an External Message ‐ Please be cautious when opening links or attachments “Given this Thursday is Thanksgiving, my remarks tonight are on the universal emo onal feeling of “happiness”. My primary expert source is my deceased friend, world scholar and Harvard University Dis nguished Professor of Psychology, Jerome Kagan. How we THINK and FEEL about issues are both essen al but, more o en than naught, it is our emo onal feelings that outweigh our ra onal thoughts in guiding our decisions and ac ons. There are four primary emo ons in life – Happy, Sad, Mad and Scared ‐ from which all other emo ons are derived. It’s healthy to feel and flow between all four emo ons but, if your dominant emo on is not happy, you are in dysfunc on and the goal is to get back to happy. Because happiness is the pathway to peace. 1 The Declara on of Independence even iden fies one of our unalienable rights as the “Pursuit of Happiness.” And this year, 2023, Harvard University, led in large part by Dr. Kagan, completed the longest market research study ever conducted on any subject – 85 years ‐ to determine what factors most contribute to crea ng “happiness” in life. The #1 Factor, above all others: “Good Rela onships”. Not driven by technology, but good HUMAN, face‐to‐ face rela onships. However, neither “happiness” or “good rela onships” appear anywhere in your new strategic plan. As such, I wonder just how HAPPY we residents truly are, how good your rela onship is with us, and what can both sides do to improve it. One way to find out is to conduct a new community survey, among the many that you field, that asks residents a few simple, fundamental ques ons, such as: How do you FEEL about living in Webster Groves? How HAPPY are you living in Webster Groves? How do you rate the quality of the City’s RELATIONSHIP with you? As for me, I have lived here for 23 years and I love Webster Groves. For whatever reasons, Webster fits me like a glove. As such, I feel very happy and thankful for the privilege of being part of this great community and I remain hopeful and steadfast that building good rela onships between people will end the hate, fear and sadness and restore happiness and peace in the world, our na on and, yes, even right here in our li le hamlet called Webster Groves. 2 Happy Thanksgiving, Webster Groves!!! We are ONE WEBSTER TOGETHER!!!” 3  Exhibit B TO: City Councilmembers FROM: Laura Arnold, Mayor DATE: November 13, 2023 RE: CRAB Report Review: Items for November 21st The items listed below will be discussed in the regular meeting on November 21st. Please read them before arriving so that we may review each. The appropriate excerpts from the CRAB report are attached. November 21 Representation • 2.1 Hybrid system of representation o Yes/No o Plan for creating specific proposal. • 9.2 Residency of Municipal Judge For the recommendation on 9.2, we need to decide if we would like the City Attorney to draft language for a ballot proposal to remove the residency requirement of the Municipal Judge. The recommendation for 2.1 to send a hybrid election system to voters is not specific enough to devise ballot language. We need to decide whether a task force should be put together to define the parameters of a new system more specifically. This task force would take on a complicated and time-consuming task. Please consider that as you think about whether to create such a group. It would be unfair to ask people to commit their time and effort if Council is unlikely to send their proposal to voters.  Preamble Elements Current Webster Groves City Charter Preamble Identification of source In order to secure the benefits and advantages of the Constitution of of authority the State of Missouri, adopted in the year 1945, Action to be taken the people of Webster Groves hereby adopt the following Charter. Declaration of intent and to establish Home Rule for the City under the provisions thereof 4) The National Civic League’s Model City Charter provides the following suggested language to further strengthen the declaration of intent of a charter: By this action, we secure the benefits of Home Rule and affirm the values of representative democracy, professional management, effective leadership, community engagement, diversity and inclusiveness, and regional cooperation. 5) Incorporating these values and priorities into our Charter Preamble would serve to increase public clarity and act as a north star guide for City governance. ARTICLE 2 – THE COUNCIL SECTION 2.1 – NUMBER AND TERM Issue: At-Large, Wards-Based or Hybrid Council Elections CRAB Recommendation The City Council should consider a Charter proposal, for voter approval, to change to a hybrid City Council system, whereby a portion of the Council would be elected at-large and a portion would be elected from geographic wards/districts, with the Mayor elected at-large. For example, three Council members could be at-large and three Council members could from three wards. Voting yes: Tammy Behm, Nicole Chaput, Joseph Dugan, Jeanne Kirkton, Kyle Klemp Voting no: Paul Dribin, Jennifer Finney, Matthew Hile, Melissa Johnson Passed: 5-4 Priority level (show of hands): High-4, Medium-1, Low-4 CRAB Findings 1) The current at-large based election system has existed since Webster Groves became a home rule city in 1954. Prior to 1954, Webster Groves was divided into four wards, with council members elected from each of the four wards. 7  2) Under the current system, all members of the city council and the mayor of Webster Groves are elected through at-large elections for a term of four years, meaning they are elected by the entire population of the city. 3) CRAB’s at-large/wards subcommittee studied, reviewed, and discussed multiple approaches to how city council elections are run by other St. Louis County municipalities, as well as similar sized municipalities in the Kansas City metro region (see Table 1). The subcommittee also analyzed the home locations of Webster Groves City Council members elected since 1996 (see Table 2). Table 1 – Comparisons of Local Municipalities Municipality Population Home Wards # of Wards Only Rule Wards vs. Hybrid Clayton 16,943 Yes Yes 3 Pure Ward Crestwood 12,338 Yes Yes 4 Pure Ward Creve Coeur 18,660 Yes Yes 4 Pure Ward Fairway, KS (KC Metro) 4,170 N/A Yes 4 Pure Ward Ferguson 18,343 Yes Yes 3 Pure Ward Gladstone (KC Metro) 27,063 No No 1 At-Large Glendale 6,142 No Yes 3 Pure Ward Kansas City 508,394 Yes Yes 6 Hybrid Kirkwood 29,371 Yes No 1 At-Large Leawood, KS (KC Metro) 33,902 N/A Yes 4 Pure Ward Lenexa, KS (KC Metro) 57,434 N/A Yes 4 Pure Ward Liberty (KC Metro) 30,167 No Yes 4 Pure Ward Merriam (KC Metro) 11,098 N/A Yes 4 Pure Ward Oakland 1,375 No Yes 2 Pure Ward Parkville (KC Metro) 7,177 No Yes 4 Pure Ward Prairie Village, KS (KC Metro) 22,957 N/A Yes 6 Pure Ward Raytown (KC Metro) 30,012 No Yes 5 Pure Ward 8  Richmond Heights 9,201 Yes Yes 4 Pure Ward Rock Hill 4,718 No Yes 3 Pure Ward Roeland Park, KS (KC Metro) 6,871 N/A Yes 4 Pure Ward Shrewsbury 6,332 No Yes 3 Pure Ward University City 34,629 Yes Yes 3 Pure Ward Warson Woods 2,009 No Yes 4 Pure Ward Webster Groves 23,770 Yes No 1 N/A Westwood, KS (KC Metro) 1,750 N/A No 1 At Large Table 2 – Map – City Council Members Home Locations Since 1996 9 Ultimately, the Charter Review Advisory Board voted to recommend a hybrid system under which: • Council shall consist of six council members and a mayor; • A hybrid system combining both at-large and ward-based council members; • Wards which are revised according to population in conjunction with the decennial US Census, with a specific deadline for when wards must be completed in order to allow for timely filing for candidates. Under a hybrid system of both ward-based and at-large council members, the mayor and a portion of the City Council members are elected at large. The remaining members of the City Council are elected from within the districts they serve. Viewpoints in favor of hybrid system • Increase geographic diversity of council members; • Lower the barriers to entry for candidates for city council by allowing for campaigning in smaller geographic areas; • Address the specific concerns of geographic areas of the city more acutely; • Fewer residents per councilmember would allow for greater interaction between residents and their elected officials; • Potential to also allow for ward-based decisions to be incorporated in the selection of members of Webster Groves boards and commissions; • Increase representation and feeling of legitimacy people feel towards their elected officials. Viewpoints against hybrid system • Council members elected at-large focus on the interests of the whole community rather than a single ward. • At-large approach lessens the likelihood of vote trading between Council members. • Wards approach could result in a smaller candidate pool within a ward. • A hybrid system could create “power” distinctions between ward-elected and at-large council members. • Mapping of wards could be contentious. 10 CRAB Member Comments Matthew Hile To explore the question of wards, our Board created a subcommittee. Their recommendation was that the issue needed input from the community. That feedback showed that the plurality of respondents to our survey want to keep at-large elections. Written comments show pro and con positions for each approach. Nationally, wards are being used to increase and decrease minority representation. The diversity of our current Councill is very good. Because of the small size of our BIPOC community, wards would be unlikely to have a positive impact on that diversity. One argument for wards is that not all Council members engage with our residents’ requests for assistance and those residents feel unheard. Another is that it would be less expensive to run a small ward- based campaign. Yet the hybrid ward system recommendation would suggest that only half of the Council members would be accountable. And that only half would benefit from decreased elections efforts. Diversity, equity, and inclusion are a significant component of Webster’s 2023 strategic plan (https://www.webstergrovesmo.gov/682/Strategic-Planning). Because of historic housing discrimination, many of our BIPOC residents lived in North Webster. Today, that is much less true. Nonetheless, with our community demographics, ward divisions could never create a BIPOC majority ward. Rather it would divide and separate BIPOC voices into different wards. I do not believe that wards are necessarily racist. However, to me, keeping at large elections seems to be the most anti-racist option. Not included in our considerations are the fiscal and social costs of implementing wards. Fiscally this would include such things as hiring redistricting experts to guide this process and creating a group of citizens to shape their recommendations. Such costs that would be repeated every 10 years after the census. Social costs include divisions over how many wards we might have, fights over redistricting, differing priorities between wards, dividing the city into socioeconomic enclaves. In short, dividing rather than uniting the community. The inclusion of these recommendations is the result of a 5-4 vote. Even after vigorous and thoughtful debate, there is no consensus among our members to change our current approach. Jeanne Kirkton CRAB narrowly voted 5-4 for Council to consider transitioning to a hybrid-ward model. Our research lays a cursory informational foundation. Should Council decide to pursue a hybrid system, deeper consideration and planning will be ahead. Kansas City is the only hybrid election system in Missouri. Locally, there are no municipalities with a hybrid election system to evaluate. Useful insight and guidance on the districting process might be gained from the Webster Groves School District redistricting experiences. Below are initial considerations that come to my mind and process resources: 11  • Establishment of a hard and fast timeline to complete ward boundaries prior to candidate filing on an every ten-year cycle coinciding with the Census; • Seating a boundary/districting commission; • Transition process budgeting: research, consultant(s), community input, and Council/voter approval of maps. Resources: Everett WA Redistricting Process https://www.everettwa.gov/1856/City-Council-Districts Everett WA Districting Commission Timeline https://www.everettwa.gov/DocumentCenter/View/32836/OnePager-2022-Dist- Commission?bidId= Alameda County Water District Transition At-Large to Wards https://www.acwd.org/756/Ward-Based-Election-System AC Transit Redistricting https://www.actransit.org/redistricting City of Portland OR Transition Overview https://www.portland.gov/transition/overview City of Portland OR Transition Plan https://www.portland.gov/transition/documents/transition-work-plan-july-2023/download Aurora, Ontario - Are Wards Feasible? Pros & Cons of Ward - At-Large Electoral Systems Ward boundary commission information https://www.aurora.ca/en/your-government/resources/Legislative-Services/Wards/Item-R1-CS20- 013-Pros--Cons-Ward--At-Large-Electoral-Systems.pdf Kansas City MO https://www.kcmo.gov/city-hall/city-officials/city-council-members Joseph Dugan More than half (53%) of our online Community Opinion Survey respondents favored changing to either a wards-based Council representation approach (31%) or a hybrid approach (22%). This indicates a substantial degree of community interest. I voted in favor of the hybrid representation approach but believe additional study is required to develop a proposal to bring forward to voters. Past research by the National League of Cities indicates that 21% of U.S. municipalities are using hybrid representation systems. My own research has found that cities as diverse as Lowell, MA; Bristol, TN, and Columbus, OH are using a hybrid approach. The CRAB did not fully investigate the full range of hybrid possibilities. The common hybrid model is for a portion of the City Council members to be elected at-large and a portion to be elected from geographic wards (or districts). If we stay at 6 Council seats, the two most likely 12 approaches would be: (a) 3 elected at-large and 3 elected from 3 wards/districts; or (b) 2 elected at-large and 4 elected from either 2 or 4 wards/districts. Interestingly, Columbus voted in 2018 to change from a fully at-large City Council to a hybrid at- large district system. Under the Columbus approach, Council members must live in the district they represent but the entire city votes on each candidate. Their first election under this new system takes place in November 2023. This approach may be worth exploring. With further study to develop a properly balanced hybrid approach, Webster Groves voters can have the opportunity to decide whether to change to a system that leverages the benefits of both at-large representation and more local representation. Melissa Johnson and Jennifer Finney The recommendation by CRAB to adopt a hybrid approach for council elections is imprudent and incomplete. The issue was studied by a subcommittee that could not agree on a recommendation, with the same subsequent result by the full commission. The hybrid approach that is being recommended was only found to be used in Kansas City and no recommendation for what that approach should look like in Webster Groves was even considered, let alone guidelines provided on how to pursue this approach. Considering the complexity of the issue, the difficulty it would take to educate the public, and without the details to support a change, we think no change is best. ARTICLE 2 – THE COUNCIL Section 2.4 COMPENSATION Issue: Adjusting Compensation for Council Members and the Mayor CRAB Recommendation 1) Set compensation for City Council members at $400 per month, not exceeding $4,800 per year. 2) Set compensation for the Mayor at $625 per month, not exceeding $7,500 per year. 3) No City Council member or Mayor presently serving shall receive increased compensation during their term of office. 4) The current rate of compensation per meeting attended will remain in effect for each officeholder until the next term for each office begins. 5) Every four (4) years after the effective date of this Charter amendment, the City Council shall review the compensation paid Council members and Mayor and may adjust the 13 No person in the classified service of the City, or seeking admission thereto, shall be appointed, promoted, reduced, removed, or in any way favored or discriminated against because of race or political or religious opinions or affiliations race, gender, gender identity, age, sexual orientation, disability, religion, country of origin, or political affiliation. Voting yes: Nicole Chaput, Joseph Dugan, Jennifer Finney, Matthew Hile, Melissa Johnson, Kyle Klemp Voting no: none Passed: 6-0 Priority level (show of hands): High-6, Medium-0, Low-0 CRAB Findings Section 7.12 should be updated to reflect the current approach. ARTICLE 9 – THE MUNICIPAL COURT Section: 9.2 JUDGE OF THE MUNICIPAL COURT Issue: The Charter requires the Municipal Judge to be a resident and elector of the City of Webster Groves. CRAB Recommendation Amend Section 9.2 to eliminate the residency and elector requirements for the Municipal Judge to align with those of the City Attorney, as shown below (see strikethrough): The Municipal Court shall be presided over by a judge appointed by the City Council for a term of four years. The Judge shall be a resident and elector of the City, a licensed member of the Bar of this State, and shall have actively practiced law for not less than three years… Voting yes: Tammy Behm, Nicole Chaput, Paul Dribin, Joseph Dugan, Jennifer Finney, Matthew Hile, Melissa Johnson, Jeanne Kirkton, Kyle Klemp Voting no: none Passed: 9-0 Priority level (show of hands): High-4, Medium-3, Low-2 CRAB Findings 1) While the availability of qualified persons meeting the residency and elector 30  qualifications has not been problematic to date, it could become an issue in the future and would necessitate a Charter change. 2) CRAB online Community Opinion Survey found that 62.21% of respondents support removing the residency requirement for the Municipal Court Judge, with 28.66% opposing the change, and 9.12% having no opinion. ARTICLE 11 PLANNING AND ZONING SECTION 11.2 – POWERS AND DUTIES Issue: Update this section to better reflect the broad scope of responsibilities CRAB Recommendation The CRAB recommends renaming Article 11, changing from Planning and Zoning to Planning and Development, to better reflect the broad scope of responsibilities and align with current practice. In Section 11.2, we recommend inserting additional recommended language from the Model City Charter, Section 4.04, 9th edition, 2021. Amend Section 11.2 as follows (see strikethrough, new text in underlined italics): 1. Change “Planning and Zoning” name to “Planning and Development” throughout Article 11. 2. The City Plan Commission shall have full authority to advise the City Council regarding all land use, development, environmental planning, and planning and zoning matters as permitted by the controlling statutory or common law of the State of Missouri, including but not limited to zoning power over the property of persons, corporations, institutions, churches, and all other entities to the fullest extent permitted by the constitutions of Missouri and the United States. Consistent with all applicable federal and state laws with respect to land use, development, and environmental planning, the Council shall: Adopt an inclusive and comprehensive plan and determine to what extent zoning and other land use control ordinances must be consistent with the plan; determine to what extent an inclusive and comprehensive plan and zoning and other land use ordinances must be consistent with regional plan(s); and adopt development regulations, to be specified by ordinance, to implement the plan. The City Plan Commission, the City Manager, and the Mayor and City Council shall seek to act in cooperation with other jurisdictions and organizations in their region to promote integrated approaches to regional issues. 31