Two Parcel Property Owner Looking for Different Tornado Task Force

The following is a memo provided to Patch after an article ran about the Residential Recovery Task Force in Sunset Hills which met for the fourth time to consider potential efforts on the city's part to aid in rebuilding the corner of Lindbergh and Watson Road hit by a New Year's Eve EF-3 tornado. Mayor Bill Nolan convened the task force after a majority of residents supported and city planners—in a binding vote—determined to keep the area residential, as is, and not change the city's Master Plan for Development to allow commercial zoning there.

Des Peres resident George Despotis provided Patch with his memo, saying he feels the task force should look at commercial potential, despite the vote to the contrary. He owns two properties in the affected area.

To: All members of the Residential Redevelopment Task Force of Sunset Hills, Mayor Nolan, Aldermen and Sunset Hills land owners affected by the Tornado

From: George Despotis, M.D., Trustee of the Olga Despotis Trust

I am contacting you to express my concerns and provide you with some insights regarding the handling of the Sunset Hills area affected by the Tornado in the last week of 2010.

As the owner of two parcels within the affected area (3825 S Lindbergh and 12423 W Watson), I have a significant interest in decisions affecting the values of the property in the affected area.  After previously speaking to some of the other residents, especially those residing along Court Drive, I believe that my concerns over the current decision making process are shared by many of them as well. 

For the reasons I’ve outlined below, I do not believe that the current Task Force process is designed to produce a recommendation that is in the interests of either the affected residents or the Sunset Hills community as whole.  Moreover, the Task Force has not provided adequate notification and communication to residents of the community and does not even have a single member from the Tornado affected area.  I also believe that the Task Force is proceeding in a manner that will preclude a diligent and comprehensive investigation of potential solutions that will affect the tornado stricken properties and their owners.

Lack of Transparency and Notice

To date, I and perhaps many other land owners stricken by the tornado have not received formal notification of the existence, purpose and procedures of this Task Force.  I informally learned about this Task Force when I read an article that pertained to this issue in one of the suburban papers.  Formal notice of Task Force meeting dates should be mailed out in advance to the residents that are affected and all deliberations should be public.  Residents should have the opportunity to speak to matters on the agenda, provide written commentary, and have the opportunity to respond to any preliminary recommendations before final recommendations are made.

No Clear Purpose and Unknown Objectives

To date the Task Force has not formally defined its objectives.  Specifically, I would like to know whether or not the recommendations being developed are designed to address the interests and needs of the unfortunate land owners who were affected by the tornado's destruction.  They have not only endured the damage to their homes and property but have also seen their neighborhood and sense of community destroyed.  Now, they must face continued uncertainty as a small Task Force has been empowered to make recommendations and decisions that will affect their lives, future and some of their most significant assets.  On that basis, I formally request that prior to any further meetings, that the purpose and planned meeting schedule for the Task Force be formally communicated to the land owners of the Tornado affected area and that they be permitted to provide input before the mission is finalized.  

Based on the nomenclature assigned to the Task Force, one could infer that it was assembled to examine all pertinent information related to this area and provide a comprehensive analysis of possible redevelopment options (i.e. residential, commercial, or institutional land uses, or a combination thereof).   Although the Task Force should have the best interests of the Sunset Hills community at hand, I believe that most Sunset Hills residents would agree that the primary duty of the  task force should be to evaluate all contributing factors and act in the best interests of those land owners most affected by the Tornado. Therefore, it is imperative that the purpose of this Task Force be formally and clearly explained to all land owners in the area.

Lack of Representation and Potential for Conflict of Interest

It is my understanding that neither any land owners affected by the tornado (i.e., Court Drive residents or six parcels along West Watson) or the two Aldermen that represent their district are members of the Task Force.  This is a major problem and I believe that the land owners, that have actually suffered from tornado damage, should have formal representation on the Task Force and be able to express their perspectives on any future plans or recommendations.  At least two representatives of the residents should be members of the Task Force and have the right to participate in all deliberations.  It also seems that there is a disproportionate number of Task Force members with a potential conflict of interest related to the fact that they reside in close proximity to the Tornado affected area and who therefore may be more concerned about the impact on their personal property values than on what is best for the affected parcels or the community at large.  I recognize that all affected party’s interests should be considered, however, this can only be accomplished fairly when there is an equal representation on the Task Force and an open process which actively solicits community input.  

Lack of a Due Diligence Process

A review of the minutes suggests that the Task Force has no defined procedure or process that will support prudent decision making.  No survey of residents or affected property owners was made to determine what community needs exist in the area (i.e. additional retail, senior housing, single or multi family residential, medical, other commercial, office, entertainment, hospitality).  The Task Force has requested no expert opinion or staff projection as to the impact on the tax base of Sunset Hills and the resources of Sunset Hills (fire, schools, parks etc) under all possible land use scenarios.  Further, no market analysis was obtained as to the properties' highest and best use and what are financeable and feasible development options in this economy for these properties and how various development options may affect nearby property values positively or negatively.  No traffic studies were commissioned as to the impact of the various potential scenarios.

The Defects in the Process Are Evidenced by the Task Force's Arbitrary Decision to Exclude Commercial Development from Consideration Without Community Input, Adequate Representation and Even a Modicum of Diligence

The minutes of the first Task Force meeting on June 21^st 2011 reflect that the Task Force arbitrarily made a determination “that any commercial development should not be considered an option.” Apparently, this decision was reached without any meaningful or considered analysis of all potential development options.  The minutes are silent as to the Task Force's basis in reaching this conclusion and whether and to what extent, if any, the interests or rights of the land owners and tax payers of Sunset Hills were even considered. 

To illustrate how inadequate representation can result in such an arbitrary conclusion, please note that an Opinion rendered by Mr. Williams on July 13, 2011 indicated that the majority of land owners (13 of 15) were in favor of selling their properties for a commercial development.  Although this was an informal survey, it clearly reflects the sentiments of the vast majority of land owners affected by the tornado.  Other than the discussion of the informal survey made by Mr. Williams, the minutes reveal no other steps that have been taken by the Task Force to understand the perspectives of the land owners.  Clearly, the land owners have been not been interviewed, sent surveys or questionnaires to enable the Task Force to obtain a clear understanding of their wishes for their land.  The Task Force needs to redirect their focus to a better understanding of the land owner's interests and assure that their interests will be  heard and preferably incorporated into any resolution or recommendations made by the Task Force.  If a landowner or even at least two landowner representatives were on the Task Force, I am confident that they would have insisted that landowner opinions be solicited.

In summary, my concerns regarding this Task Force are primarily related to the lack of notification, lack of diligence, lack of representation of the affected land owners and obvious conflict of interest.  I would therefore urge the Task Force to reconsider their approach and immediately engage all affected land owners to formally notify them of its proposed objectives and procedures that will be utilized to reach those objectives and to add representatives of the affected property owners to the task force.  I would also recommend that, as part of those procedures, a formal process be initiated to ascertain the perspectives of the land owners through formal interviews or a questionnaire, to requisition appropriate market and traffic studies as well as proposed development plans from multiple residential and commercial developers.  I am willing to discuss these issues and to provide the Task Force with the proposed phased development plan that I have previously outlined for the Mayor and Alderman.