Festus Council Rejects Buck Creek Plat, Raising Prospect of Legal Fight
The Festus City Council rejected a preliminary plat for a proposed 129 home subdivision along Buck Creek Road Monday night, a 4 to 3 decision that could move a long running development dispute toward a legal challenge.
Bill No. 4888 asked the council to approve the preliminary plat for 2351 Buck Creek Road. City staff told the council the property is undeveloped, the Planned Unit Development had previously been approved, and the Planning and Zoning Commission recommended the preliminary plat on July 16. Staff also said the applicant had met the requirements of the city ordinance and approved PUD.
Residents again raised concerns about Buck Creek Road, including traffic, sight lines, drainage and whether the existing road system can accommodate a subdivision of that size. The council's discussion, however, centered on what Festus was actually being asked to approve at the preliminary plat stage.
Councilman Rick Belleville argued that requirements being discussed by the Festus Special Road District could substantially alter the development. He pointed to potential acceleration and deceleration lanes, sight distance concerns, culvert improvements and room for a future sidewalk. Belleville said those requirements could eliminate several proposed lots and questioned approving a preliminary plan that could require significant changes before final approval.
Councilman Mike Cook pushed the discussion back toward the specific jurisdiction of the Festus City Council, noting that the Special Road District would be responsible for reviewing the portions under its authority.
During the exchange, Cook told Belleville, “Just focus on what we're doing.”
The discussion continued with Belleville returning to the potential road requirements and questioning why the city should approve a plan when another governmental entity could require changes later. City officials maintained that the Special Road District would conduct its own review and that the development would return through Planning and Zoning and ultimately to the council before final approval.
Belleville said he was uncomfortable allowing concern over potential litigation to drive the council's decision.
“I am sorry that we are making decisions based on fear of being sued,” Belleville said.
The prospect of a lawsuit had already surfaced during previous discussions of the development. The developer is represented by Bob Sweeney, who has extensive experience in municipal law and has represented the City of Arnold for decades. Sweeney was reappointed as Arnold's attorney in 2010 after previously serving as city attorney for 17 years.
That experience could become particularly relevant if the Buck Creek decision is challenged. Sweeney previously appeared before the Festus council on behalf of the developer and argued that the preliminary plat process and later engineering reviews were being considered out of order.
The council ultimately rejected Bill No. 4888 by a 4 to 3 vote.
Rules of Decorum Updated
The council also updated its Rules of Decorum through Resolution No. 4892.5. The final version was less restrictive than several changes discussed during the council's July 27 work session.
The earlier proposal would have reduced individual public comments from five minutes to three minutes and capped the entire Remarks of Visitors portion of the meeting at one hour. It also proposed allowing residents to register to speak on city business until 2 p.m. the day of the meeting, clarified language surrounding disruptive conduct and shifted enforcement responsibilities toward the police chief or a designee.
The three minute speaking limit and one hour overall cap did not survive into the version considered Monday.
Officials specifically clarified during the meeting that residents will continue to receive five minutes to speak. The revised rules also provide a 2 p.m. sign up deadline on the day of the meeting for agenda items, while the city's posted agenda continued to list an earlier deadline for non agenda matters.
Belleville Seeks Release of Special Counsel Advice
Questions surrounding transparency and the proposed data center also returned during old business.
Belleville renewed an effort to make public a memorandum prepared by special counsel concerning a proposed data center moratorium and its relationship to the city's framework agreement.
Belleville said releasing the memorandum would allow residents to see the legal concerns presented to council members. During the discussion, the council was cautioned that the document contained confidential and privileged legal advice.
The council also discussed having additional legal findings concerning previously raised data center zoning questions prepared for review. The proposed process would allow council members to consider the legal advice before determining whether it should subsequently be released for the public to review. That matter is expected to return at the next council session.
Bottleneck Bridge Ride, Mead on Main Approved
The council approved the 11th Annual Bottleneck Bridge Ride, scheduled for October 10.
The cycling event is expected to include a lead procession involving both Twin City mayors, Festus Mayor Sam Richards and Crystal City Mayor Mike Osher.
Organizers told the council the event has drawn hundreds of cyclists in previous years, with riders traveling several routes through Jefferson County. The council unanimously approved the request.
The council also approved the temporary liquor license associated with the Mead on Main Viking Festival, scheduled for October 3 and organized by Four Brothers Meadery.
E Bike Regulations Could Be Coming
Festus may also take a closer look at the growing use of electric bicycles.
Cook said council members have received concerns about younger riders operating E bikes on city streets and questioned whether Festus should establish additional regulations.
City Attorney Brian Malone said his office has reviewed similar ordinances from other municipalities and agreed to provide options for the council to consider. The issue is expected to return for further discussion as the city considers what, if any, regulatory changes should be adopted.
For now, however, the most consequential decision of Monday night's meeting remains the rejection of the Buck Creek preliminary plat.
The council has voted down a development that city officials had warned could present legal questions if rejected despite meeting the requirements applicable at the preliminary stage. Whether the developer returns with a revised approach or challenges the city's decision may now determine the next chapter of the Buck Creek debate.