Lack of a full council causes the Ladue City Council to wait until next month’s meeting to introduce bill on Gates

Although the council sent the bill concerning gates back to the Zoning and Planning Commission in January, some council members still have a problem with the language.

To review, in 2001, Ladue passed a law regulating driveway monuments and gates because some residents felt that gates did not represent an “open inviting community,” according to City Administrator Mike Wooldridge. “The bill said they (gates) were discouraged.”

The issue arose again in 2004, and language prohibiting gates on residential driveways was passed.

The issue came before the council again in February 2010, and they declined the request for review.

At a public hearing held at Monday’s meeting, James Pona, city planning consultant, said the commission had approved an amendment allowing gates on lots not less than three acres with direct access to South Warson Road, Clayton Road, Litzinger Road, Old Warson Road, Ladue Road, South Price Road and North Woodlawn Avenue.

In a 5-2 vote, the commission recommended the amendment. However, Chairman Peter Fischer voted against the amendment.

Resident Mary Ann Rober asked why the restriction pertained only to 3-acre lots.

“The commission was concerned about creating an environment where it looked like a gated community,” said City Administrator Michael Wooldridge. “By restricting it to lots of three acres with access of publically maintained roadways, there were only 44 lots that met those criteria, and nine have gates.”

Rober asked if the council was not afraid of a lawsuit because of discrimination, and Wooldridge said he could not speak to that.

“There was a great reluctance to encourage residential gates,” City Attorney John Maupin said. “The zoning and planning commission does not want this to seem like a gated community and wants to preserve an open look. There are very few of these who would qualify.

“Prior to 2001, there were no restrictions and no one was scrambling to get gates,” Maupin said. “The main concern is trespassing. People see big houses and gawk and sightsee, plus there are children at risk.”

Carrie Hermeling, attorney with Husch Blackwell, and representing Charlie Vitale, said, “If the purpose of the ordinance is for safety and to prevent trespassers, I don’t understand the distinction between two and three acre lots in terms of preservation of the estate. You still have estate-like size in two acres.”

She said amending the legislation to two acres “would not change the character of the city. If the purpose of the legislation is for safety and trespassing, that should be the criteria.”

 Councilman Charles Hiemenz in said in his 14 years on the council, “I’ve never seen legislation benefitting 35 home sites. In reviewing this legislation, I believe it would change the culture of our community. I can’t support this bill for three reasons. First, the chairman of the zoning and planning commission voted against the bill, because Ladue would be viewed as a gated community. Second, this is not in agreement with our master plan which speaks specifically to open spaces and country living. Third, Fire chief Ted Jury said gates increase response time. This issue is best handled on a case-by-case basis.”

Councilman Walter Stern agreed with Hiemenz. “I can hardly remember a recommendation to the council by planning and zoning that was not unanimous. And for the chairman, Peter Fischer, to vote against, I would guess that it’s not an appropriate amendment to our zoning code. I can’t support a regulation for so few of our residents.”

 Councilman Hal Burroughs said he would support the amendment because the layout of the lots and gates would not be visible. “There is a distinction between the two-acre lots and three-acre lots as far as visibility from the street. It’s reasonable for city to protect three-acre lots, and I’m in favor of this.”

“I would echo Hal’s statement,” Councilman Nancy Spewak said. “Times have changed and while we probably can’t all come to terms, I think this is the best solution, and that the three-acre lot is the right amount.”

Councilman Art Bond also agreed. “There are a number of these properties that are so far set back, problems have arisen and I think this solution as prescribed is right.”

Councilman John Fox was out of town, however he was present by telephone.

When Mayor Anthony Bommarito asked for a motion to approve the recommendation, the vote was 3-2 with Burroughs, Bond, and Spewak voting in favor, and Stern and Hiemenz voting against.

However, Maupin said that four votes were required to amend an ordinance, and Fox could not vote by phone. “I suggest you withdraw the votes and bring it back next month.”

The council will reintroduce the amendment at the next meeting.

Ladue Getting Spiffed Up

In the last few months, the City Council has approved numerous road projects around the city.

At Monday night’s council meeting, the council took action on three more projects designed to update the city.

• Approved a recommendation from the Zoning and Planning Commission to retain Peckham Guyton Albers and Viets to study the Ladue business Corridors at a cost of $68,600.  The study would include Clayton Road from Lindbergh Boulevard to Price Road, and the business area off of I-170 and Ladue.
• Approved a recommendation for the Fire Building Advisory Committee to retain Chiodini Architects for master planning and design services for the municipal fire facilities.
• Approved participation in the Deer Creek Watershed Alliance for the Deer Creek Riparian Corridor. The city portion for restoration would be off South 40 Drive. Part of the property is used for the city mulch site. The alliance is a group that goes up and down the Deer Creek watershed and has been doing numerous projects along the corridor to improve the water flow and the general environment of Deer Creek. They have received grant money for $20,000 per municipality which the city of Ladue will match. City Administrator Mike Wooldridge said the cost is spread over four years.

"This is pretty exciting,” Mayor Anthony Bommarito said. “We’re getting a new fire house, a new business district, our roads paved, and we’ll have clean creeks."