Brown complains, Developer who doesn’t build to City Codes, wants into the City sewers or will sue; Hoepfner pushing to allow it, Brown fights back.
By Tony Brockmeyer
The St. Charles City Council is being asked to allow an attached housing development located in St. Charles County, outside the City limits but close to Ward 3 to hook onto City Sewer and water services. The developer, CMJ, spoke at the St. Charles City Council meeting Tuesday evening, just a week after he and his lawyers presented a threat of a lawsuit they were planning to file against the City and Councilman Mark Brown of Ward 3 if the development was not allowed to hook up to City sewers.
Councilman Mark Brown, Ward 3, has been outspoken about this project and what detrimental effects it could have if allowed to hook on to city services as well as annexing into the City of St. Charles. Brown told the FCN, “I am not going to allow a threat of a law suit to change the true facts of what this unscrupulous and unethical developer wants to do to the City taxpayers. CMJ wants to develop this property in the county where the building codes are lax, and then annex into the city. That means once we accept this development that was not built to city codes, the taxpayers of St. Charles will bear the cost of any substandard work.” The developer, Mike Sellenshcueter, told the council he would require variances when annexed in because the development did not meet our set back requirements.
The FCN has learned this section of the codes of ordinance are the most troubling for many on the Council;
§ 151.60 PURPOSE.
Two consequences of construction and development are the increased runoff created by the changed properties of the ground surface and the rate of discharge of this increased runoff. These are both of great relevance to storm water management. The natural condition of the land before development is in relative balance with the natural capacity of the receiving creeks. Normally, the undeveloped conditions provide greater permeability and longer times of concentration. By modification of the ground surface from the irregular, pervious, and vegetation-covered, the areas are changed to more impervious, more quickly drained and, in some cases, denuded of vegetation. It is the policy of the city to protect and promote the public health, safety and general welfare. The management of storm water will reduce the erosion on land and channels, will reduce the possibility of damage to public and private property, will assist in the attainment and maintenance of water quality standards, and will preserve the environmental quality of the watercourses in the city.
151.67
Development along natural watercourses shall have residential lot lines, commercial or industrial improvements, parking areas and driveways setback a minimum of 25 feet from the top of the existing stream bank. The section of land between a natural watercourse and lot lines shall be designated as common ground and drainage easement to be maintained by the trustees of the subdivision within all types of residential developments. All developments shall maintain a setback minimum of 50 feet from the top of the existing stream bank and any building or structure. Commercial and industrial areas shall have areas dedicated as drainage easements.
This development has a building within 15 feet of the creek. According to sources, the creek has been filled with dirt to make the appearance of the building line much further. This changing of the creek bed could be a violation of Department of Natural Resources laws sources claim.
Others on the Council question the strong arm tactics of the developer. Councilman John Gieseke, Ward 8, “threatening a law suit against the City is threatening all the taxpayers who will end up footing the bill when this creek bed needs to be stabilized because it is encroaching on the buildings. This is the height of arrogance by this developer. This threat would have worked in the past but the council has its own attorney who agrees the City in no way owes this developer anything. I think it is important to note the many developers who don’t try to skirt our development laws, play by the rules of the City don’t develop houses too close to creeks. They abide by our laws and develop quality housing without threats of suits.”
According to our sources many on the council have begun to question Councilman Bob Hoepfners involvement with this development. Brown told the FCN, “Councilman Hoepfner threatened to stop the Pearl Ridge project if I did not let this project proceed.” Pearl Ridge is the subdivision where Brown resides and which floods, apparently due to faulty detention built by the developer. Brown went on to say, “This type of conduct is unethical and is consistent with the rumors of other developers and businesses who have appeared before the council having been solicited by Hoepfner for donations, contributions and other items before his vote.”
During a heated discussion over the Oak Ridge, Oak Tree vote Brown stated, “I don’t sell plumbing permits…. And I may ask for an executive session to have a council investigation regarding your actions.”
Just days after that meeting Hoepfner requested a tape of the meeting for Sellenschueter. Shortly after that the council was given documents threatening a lawsuit if the council did not vote in favor of this development.
Brown told the FCN, “I will not succumb to these strong arm tactics and I believe that legislation against these type of threats apply. I fully intend to defend the City as well as the residents of Ward 3 against this multi-family apartment complex that will be built to lesser standards than their homes, just so this developer can make more money.”
We attempted to contact the attorney for the developer, Keith Hazelwood for his comments. We were told by someone in his office he was out of the office Thursday. He would not be returning until after we had gone to press.
At a meeting of the Public Utilities Committee Wednesday evening at City Hall, the room was packed. Over half the crowd was complaining about excessive charges from ECM, the private sewer company that TR Hughes hooks his sewers to for his St. Andrews development. The rest of the agenda was filled with residents asking for help with creek bank erosion and creek bank stabilization. Council President Rory Riddler estimates it would take more than $90 million to fix all creek problems in the City.
