Contentious city planning and zoning meeting held

Tuesday, March 28, 2017 — Tower’s new planning and zoning commission meeting got off to a contentious start. The commission met on Tuesday, March 28 with three new commissioners. Steven Altenberg and Vicotria Meloche are the only hold-over members from last year. New members, Jeff Hill, Morgan Carlon and Alderman Kevin Fitton took their seats at the table. Meloche was absent.

The controversy started as soon as the agenda was passed out. The first item on the agenda, following appointing a new chairman and vice chairman, involved Jeff Hill and his small building constructed on a trailer. According to one the city’s multiple ordinances related to zoning it is a violation to park a travel trailer in the front yard of any Tower property. According to City Clerk-Treasurer Linda Keith the city had received numerous complaints from neighbors about Hill’s structure and she decided to refer the issue to the planning commission.

When Hill read the agenda, immediately prior to the start of the meeting, he said, “This ends here tonight.” When asked by Altenberg to explain himself, Hill simply replied, “You will understand when you get your letter. It will start with ‘Greetings!’”

Altenberg called the meeting to order and the commission quickly appointed Altenberg to serve as the chairman. Fitton then nominated Meloche, who was absent, to serve as the vice chairman, saying, “You know what happens when you miss a meeting, you get appointed to something.” The commission concurred and Meloche was selected to serve as vice chairman.

The commission then moved on to the matter of Hill’s structure. The commission acknowledged that this issue presented, “a bit of a conundrum,” as the issue involved a commission member. Altenberg then asked Hill to explain his structure. “What is it?” Altenberg asked. Meanwhile Hill appeared to be texting on his smartphone and replied, “Since this is a matter of law, on the advice of my attorney, I can’t comment on that here.”

“You can’t explain what is happening? A house in front of your house—is it a permanent addition? Is it mobile?” Fitton asked. Hill acknowledged that the structure was indeed mobile. “I don’t see how it meets the condition of the ordinance,” Fitton said.

“It’s tiny house project, that I’m constructing,” Hill explained, adding that he wondered why the city was not also looking at encroachments on his property by the Janisch property next door. The Janisch property has five structures on it including a sauna and according to Hill the sauna wastewater is plumbed to drain out onto the ground just uphill from Hill’s homestead. Hill showed a picture of the wastewater drain to the planning commission.

“You will need to make a formal complaint,” Altenberg said to Hill. “This is my formal complaint,” Hill said. “This is a formal planning and zoning meeting,” Hill maintained. It must be noted that Lisa Janisch, the owner of the neighboring property, does business with the City of Tower as a real estate broker and currently is trying to sell some of Tower’s real estate.

The commission obviously did not want to discuss Hill’s complaint and returned to the issue of the structure located in the driveway of the Hill residence.  The commission discussed its next step in reaching a resolution on the offending structure and Hill provided guidance to the commission. “I think you could issue a ticket. Follow the ordinance and issue a ticket, and the legal process can commence,” Hill said. Altenberg moved to “move forward with proper notice.” Fitton provided support for the motion which was supported by the entire commission ecept Hill, who voted “present.”

The next issue to come before the commission also proved to be contentious. Gary and Charity Ross appeared before the commission seeking a conditional use permit to develop a recreational vehicle campground on property they own on Pike Bay. The Ross’ own 58 acres at 10 Marina Drive, Tower. The first phase of their proposed project consists of developing 40 camper sites. Thirty-five will be seasonal and five will serve as year-round sites, according to the application.

Gary Ross explained that he submitted the same application that St. Louis County uses as the city’s application is one-and-one-half pages long and inadequate for planned unit developments, which require a significant amount of detailed information. Reviewing the application Hill said, “This looks good. You did a good job.”

Chairman Altenberg, however, expressed concerns about the application and said that it was incomplete. “All projects within 1,000 feet of the shoreline require an Environmental Assessment Worksheet (EAW).” Altenberg said. “Were you hoping to get approval tonight?” Altenberg asked. The Ross’ said that they were in fact hoping to be able to proceed with their project following the planning and zoning meeting.

The commission maintained that the EAW would have to be completed before it could consider the application. Charity Ross explained that their first project would be to establish the RV camper sites. Then, sometime in the future they would like to build some cabins.

“You will need to have an EAW. It’s something you have to get done,” Altenberg said. City Clerk Keith reported that they also might have to have an archaeological survey completed because of the sites proximity to Tower’s first cemetery. Dave Rose had to conduct the survey because of this issue and the Ross’ property was likely closer than his proposed campground on the other side of the East Two River, according to Keith. Wetland delineations might also need to be completed on the property for the application.

“Why were we not told this five meetings ago?” Gary Ross asked. They have been trying to develop their campground for ten years and have found resistance from they city every step of the way, the Ross’ said. Gary Ross said that they have had the Army Core of Engineers look at the land and it had no objections. he did not understand why Tower was resisting the proposed project.

The Ross’ also reported that they had worked with Mary Anderson with St. Louis County planning and zoning to develop their application. They maintained that St. Louis County told them that it would be a simple matter to issue an approval on the project if the property was governed by the county.

The commission continued its lengthy discussion with the Ross’ but did not arrive at any resolution. Altenberg held steadfast. “You still have to do an EAW,” Altenberg said and moved to deny the planned unit development request. The motion was duly passed, again with Hill voting present.

“You’ve been to the county,” Hill said,  “do you feel more comfortable doing business with the county rather than the city?”

“The county told us that they will not take on Tower’s issues,” Gary Ross said.

The planning commission adjourned and then Fitton questioned if there was a “Code of Conduct” for city officials, suggesting that the city censor Jeff Hill. He apparently took umbrage with Hill’s outspokenness.