By Pauline Masson
Candlewick Lane traffic, storm water plan and industrial park covenants and restrictions were challenged as developers of a new multiple lot industrial park off Industrial Drive pushed to move the their project forward.
The Planning and Zoning Commission reluctantly approved a Storm Water Plan / Final Site Plan Review for Phase 1 for Pacific Logistics Park on Tuesday after Steve Myers, community development director told commissioners that City Attorney Bob Jones had advised that they had no other choice.
Jen Jones, a Candlewick Lane resident was one of four individuals who addressed commissioners at the meeting. She offered an emotional description of traffic woes on her street. The biggest problem, she said, is tractor trailers that ignore the weight limit sign at the Hwy N entrance to Candlewick Lane. She offered phdotographs of offenders and said semi drivers often enteract with residents.
Commissioners were sympathetic to Jones, saying they had wanted to replace a gate that once blocked entry to the industrial park.
“This board voted to put the gate back up,” commissioner Mike Bates said.
“We’re on your side We want these people (the developers) to come in. We want their business. This is a great development but we have to manage traffic.”
P&Z Chair Linda Bruns also offered sympathy to Jones.
“We hear you, we’ve been trying,” Bruns said.
P&Z voted in June to replace the former gate at the end of Candlewick Lane to prevent through traffic from entering Industrial Drive. But the board of aldermen revealed last Wednesday that they had agreed in closed meeting to not replace the gate and leave Candlewick Lane open.
The discussions were held in closed sessions because talks included possibly buying property for a new entry road into the development.
Thomas Love, who also lives on Candlewick Lane said the gate had heen offered as a solution to the traffic problems, not by Candlewick residents, but by the developer, and by Barbara Alt, owner of the property where the industrial park is loated as well as by former aldermen Andy Nemeth and Jerry Eversmsyer. The current board has now resolved to prohibit the gate.
Love said storm water in the area including the industrial lot building site and his property were also unresolved. He urged commissioners to watch a video made by Bob Van Allen of the storm water flooding his Continental Products Building.
“The city is in a hurry to proceed without solutions,” Love said. “I urge commission not go forward with approval process at this time.”
“The city has a history of making problems and not fixing them,” he added. “There was time when I was anxious to live here in Pacific. Now I want to get to hell out of here.”
Gary Meadows, whose property on Hwy N backs up to the new industrial park said the plan had been changed from its original language to remove a 50-foot barrier between the park and adjoining property.
“They must put the 50-foot barrier in writing, as a condition to development,” Meadows said. “It was in but it got lost. It needs to be put back in.”
Meadows also said the covenants and restrictions for the development were not enforceable. Parts of the latest version were also missing sections that were in the earlier version. He said the document gave owners the power to maintain the storm water bains but not the responsibility.
“The basins need to be the responsibility of who ever owns these properties, “Meadows said. “Before anything goes forward that needs to be addressed.”
Commissioner Gary Koelling said he still had questions about traffic. He said he had calls about the development.
“They want to know why we’re holding the logistics park in limbo because of traffic,” Koellign said. “But traffic is one of our responsibilities. One of our conditions is does it affect traffic.”
Plannig and Zoning Department Code 405.045 Preliminary Develoment Plan specifically ties access to a new development to the preliminary plan approval process. The code reads:
“In considering any application requiring submittal and approval of a preliminary development plan, the following factors shall be considered: (4) The provision of proper means of access to and from public roads, particularly with respect to automotive and pedestrian safety; (7) Any other factors relevant to the public health, safety, convenience and general welfare of the people of Pacific.”
Myers said the attorney’s advice hinged on the fact that P&Z had not included any traffic conditions when they approved the preliminary plan in May.
“His opinion is that courts have held that final plat approval is ministerial,” Myers said. “If the final plat is consistant with the preliminary plat the commission cannot hold up the development and the board of aldermen cannot refuse to approve.”
Commissioner Bates said the City prohibiting the closing of Candlewick, was a strong indication that they (aldermen) do not care about traffic on Candlewick Lane.
Bates said he wanted to address the attorney’s comments.
“So everything we’re doing doesn’t mean a thing ,” he said. “To say we can’t vote agaisnt something is complete nonsense, and almost repugnant. How could anybody put this out to any municipal body. It is the most disreptful thing I’ ve ever seen.”
Since no attorney attends the P&Z meetings, commissioners were not able to question if and how the commission could address the omission of traffic as a condition of the preliminary plan approval. Clearly P&Z commissioners – on several public occasions – stated their belief that Candlewick Lane traffic had to be improved before the industrial park was approved.
Myers comments indicated that Jones had advised that failure to approve the final plat could place the city in jeopardy.
Myers also said he had studied the traffic and determined that the roads could handle the traffic and he recommended approval of the final plat.
With long pauses before each vote, commissioners unanimously voted yes to the approval.
“you have no choice but to above, if the submitted plan meets the requirements set forth in the initial plat voted on by the Board. Unfortunately we have to believe the vague statements of very vague promises made by the developer that Myers mumbled his way through in his staff report. We are forced to accept the word of a known schemer that requirements were met.
Steve Myers is like the McGyver of Pacific. He’s a traffic engineer, has a law degree, real estate developer, knows better than everyone else, etc. Us Pacificans are damn lucky Steve Myers lives in our town!
Why this City Attorney appears to lack knowledge of the law is because he doesn’t care about researching the law. I am well aware of past City Attorneys who also gave bad advice that was challenged by the residents of Pacific. Notated attorney Charles Shaw, now deceased sued the City of Pacific by seeking a “ Declaratory Judgment” in the Circuit Court of St. Louis County when his client Municipal Judge Miller filed for re-election and had his name removed from the ballot because the State Legislature changed the law that all Municipal Judges had to be licensed to practice law in all first class counties. Part of Pacific does lie in St. Louis County west of Pioneer Silica to the City limits. However the Circuit Judge of St, Louis County ruled that the seat of government for the City of Pacific was located in Union, Missouri at that time a second class county hence the law was not applicable for the election of the Municipal Police Judge of Pacific. This lawyer needs to BE BOLD and find ways to litigate and have Courts rule that actions by the City of Pacific quasi bodies are in fact legal and constitutional. He certainly has found ways to draft what I call are illegal and unenforceable ordinances for the Police Chief 😡