West Newsmagazine 6-14-17

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June 14, 2017
WEST NEWSMAGAZINE I NEWS I 13
Chesterfield Council walks away from POWERplex project
By JIM ERICKSON
Despite urgings from business interests,
a number of citizens, county officials and
several of its own members, the Chesterfield
City Council effectively rejected the
proposed development of a major sports,
education and business complex in Chesterfield
Valley.
After a legal interpretation that an agreement
between the city and Big Sports
Properties, the lead organization in the
POWERplex development, had expired
before all key deadlines were met, the
council closed the door on the project with
two closely contested split votes at its June
5 meeting. One vote opted against renegotiating
the pact while the second was to
withdraw from a proposed purchase of land
that was to be leased to Big Sports for the
development. Acquisition of the property
and its subsequent 50-year lease to Big
Sports were vital components in the overall
plans for the $55 million project.
Mayor Bob Nation said after the meeting
that he was dismayed by the outcome.
“Obviously, there are those on the council
who didn’t agree this development would
be of value to the city and that viewpoint
won,” he said.
As for what might happen next, Libbey
Tucker, Chesterfield’s community services
and economic development director,
said, “They [Big Sports] will be moving
on.” Asked where, Tucker said only, “Not
in this county.”
Dan Buck, managing partner at Big
Sports, made an impassioned presentation
to the council at the end of a citizen comment
period in which a dozen others also
spoke, most in support of the development.
Buck said the development would bring
thousands of visitors to the city throughout
the year, as well as have a positive influence
on the attitudes and values of young athletes
through the facility’s educational programs.
His presentation and a written report earlier
submitted to city officials asked for an
extension of time so that St. Louis County
could complete details of a $12 million
funding plan for infrastructure improvements.
Sheila Sweeney, head of the St.
Louis Economic Development Partnership
that serves both St. Louis city and county,
made a similar request for the same reason.
Mark Harder, the area’s representative
on the St. Louis County Council, also
weighed in on the time extension, noting
that the county supported the project but
simply needed another 60 days to complete
and approve the funding package.
But Councilmember Barbara McGuinness
[Ward 1] quickly pointed out that the June
1 deadline had passed without the completion
of key deliverables specified in the
contract, specifically the amount of funding
coming from philanthropic sources.
Buck countered by saying the overall
amount of needed funds had been committed
and that the agreement didn’t tie a particular
amount to philanthropic donations.
Also, completing details on infrastructure
funding was essential to other aspects of the
agreement being fulfilled. With McGuinness
and Buck interrupting each other, an
argument ensued until Nation banged his
gavel and called a halt.
City Attorney Chris Graville and Nation
agreed that while all terms of the agreement
had not been met by the deadline, the council
still had the prerogative of how it wanted to
respond. Ultimately, there was not enough
support for extending the
deadline and renegotiating the
agreement. As for acquiring a
22-acre parcel adjacent to the
30 acres Chesterfield already
owns and leasing the combined
plots for 50 years to Big Sports
to go with land it would own,
McGuinness made the original
motion for “to extricate” the
city from that option-to-buy
agreement. After Councilmember
Tom DeCampi [Ward 4]
seconded the motion, Councilmember
Barry Flachsbart
[Ward 1] said he was disturbed
by what he viewed as a lack of
vision concerning the project and its positive
impact on Chesterfield’s future.
Councilmember Randy Logan [Ward 3]
said that, while he hadn’t favored a city
land purchase years ago in Chesterfield
Valley because there was no plan on how to
make use of it, the city now had before it “a
plan for a facility that would create a draw
to our community.”
Councilmember Guy Tilman [Ward 2]
observed that the complex would create
more revenue to help the city at a time
when officials are looking for more funds
to safeguard Chesterfield’s long-term
financial health. However, Councilmember
Ben Keathley [Ward 2] argued that voting
for the land purchase now would be irresponsible
and that the council needed to
consider what is and isn’t an appropriate
use of taxpayer dollars.
Nation said he always has considered
himself a financial conservative but didn’t
see a downside to asking for more time on
the land acquisition decision to determine
Chesterfield Chamber of Commerce Executive Director Nora
Amato speaks in support of POWERplex on June 5.
if the remaining financial details Big Sports
is working on could be resolved.
DeCampi called the city’s return from
the lease inadequate. Buck earlier had
said the lease provided a rate of return
higher than the current market. Councilmember
Dan Hurt [Ward 3] also objected
to the length of the lease contract, stating
the city needs to be prepared for the next
big market opportunity. He predicted that
would involve redevelopment of the Chesterfield
Mall site.
The final vote to withdraw from the
land purchase had Keathley, McGuinness,
DeCampi, Hurt and Michelle Ohley [Ward
4] favoring the move, with Logan, Flachsbart
and Tilman opposed.
In addition to the heated debate at the
council meeting, there also was considerable
behind-the-scenes activity on the
issue. In a lengthy email to former state
Sen. Jane Cunningham, Buck blasted the
See POWERPLEX, page 39
County rental properties law deemed unconstitutional
By JIM MERKEL
A two-year-long battle against a county
law requiring licenses for residential
landlords is over, after a judge declared it
unconstitutional.
The law passed in 2015 by the St. Louis
County Council was meant to deal with
the issue of problem properties and tenants
in unincorporated St. Louis County.
It required all owners of residential rental
properties in unincorporated St. Louis
County to get a license each year before
they could rent property.
In declaring the law unconstitutional, St.
Louis County Circuit Judge Gloria Clark
Reno mentioned requirements that the
director of transportation may order landlords
to evict people who are convicted of,
or plead guilty to, felonies committed on
their property including prostitution, illegal
gambling and drug, alcohol and firearms
violations.
The law also said landlords may lose
their licenses if they don’t fix a maintenance
violation within 30 days of being
notified, are delinquent in paying a rental
property maintenance fine or have more
than two license suspensions within any
12-month period.
The law became effective Dec. 31, 2015;
however, on Dec. 29. 2015, the St. Louis
Association of Realtors sued the county
asking for a judgment and restraining order
against the measure. A temporary restraining
order was granted on Jan. 7, 2016, and
a preliminary injunction was granted on
April 25, 2017.
Reno ruled that the ordinance violates
the constitution’s due process clause,
which prohibits the taking of life, liberty
or property without due process. She also
ruled that it is vague and is preempted by
Missouri state law.
Among the landlords who are pleased
with the outcome is Jerry Hopping. He’s a
real estate broker and manager of residential
rental properties for himself and others
in the St. Louis area, including unincorporated
St. Louis County. He’s also the leader
of a group called the Missouri Property
Rights Coalition.
“You basically need to be babysitters
for your tenants,” Hopping said. “I don’t
want to come across as pro-felon,” he said,
adding that landlords would like to work
with the county to reach solutions.
The county can cite problem properties
for such things as tall grass, siding falling
off, rubbish, safety violations and overcrowding,
Hopping said. “We had tried to
meet with them up front. We’ve got solutions
or ideas. We would still like to meet
with them,” he said.
Cordell Whitlock, a spokesman for
County Executive Steve Stenger, said the
county wouldn’t appeal the ruling. “The
court has spoken,” he said.
Whitlock also said the county would be
willing to work with landlords. “Obviously,
we’re open to transparent government that
welcomes public input,” he said.