CITY OF FLORISSANT
COUNCIL MINUTES
October 24, 2011
The Florissant City Council met in regular session at the Florissant City Hall, 955 rue St. Francois on Monday, October 24, 2011 at 7:00 p.m. with Council President Keith English presiding. The Chair asked everyone to stand and join in the Pledge of Allegiance. Councilman Schmidt requested a moment of silence on the passing of Robert Truetken, former Police Chief for the City of Florissant, member of the Park and Recreation Board, and an active resident in civic affairs.
On Roll Call the following were present: English, Schildroth, Stinnett, McKay, Schmidt, Hernandez, Lee, Grib and Eagan. Also present were Mayor Thomas P. Schneider, City Attorney John Hessel and Acting City Clerk Anita Moore. A quorum being present the Chair stated that the Council was in session for the transaction of business.
Councilman Eagan moved to approve Meeting Minutes of 10/10/2011 and Budget Meeting Minutes of 10/11/2011 and 10/12/2011, seconded by Stinnett. Motion carried.
The Chair stated that the next item on the agenda was Hearing from Citizens.
John Engelmeyer, 730 St. Judith, asked why the Budget Meetings were not posted on the City’s web site. Likewise, the City Calendar did not list the Budget Meetings.
Michael O’Fallon, 1085 Campion Lane, thanked Councilman Eagan for his quick responses to his inquires. In regard to the Sewer Lateral Tax, since the account is well funded and in the “black,” he felt that the tax should be reduced and the excess put back in the pockets of the residents.
Elizabeth O’Fallon, 1085 Campion, reiterated the same thoughts as Michael O’Fallon regarding the Sewer Lateral Tax and furthermore, suggested passing an ordinance as soon as possible. She asked that the City’s web site be redesigned since it was difficult to navigate. She would like more pictures included and made more family- friendly. In conclusion, she suggested adding social media to the site since it is how most young people communicate.
Gregg McClellan, 9 St. Martha Ct., explained that he felt that he had been falsely arrested.
The Chair stated that the next item on the agenda was Communications.
The City Clerk reported that the next item on the agenda was public hearings.
Continued to this night from 10/10/2011 was Public Hearing #11-10-023 on a request to amend the Zoning Code to modify the definition of day care centers. Councilwoman McKay explained that existing commercial day cares would not be affected by the proposed legislation. These businesses would be considered “non-conforming” and could change ownership if no major changes were made. Alternatively, Councilwoman McKay explained that “strip mall” day cares were becoming a problem. State law requires only minimum standards. Many of these “strip mall” day cares do not have adequate space for all the children and can be located too close to liquor stores. As a result, Planning and Zoning completed a 21 page report with recommendations on child day care and presented it to a City Council Committee to review.
The Chair asked if there were any citizens who would like to speak on said public hearing.
Beth Collins, 2096 Charbonier Rd., appeared before the Council but was unable to speak to due health reasons. She was concerned about the day care legislation.
Patricia Frank, 2096 Charbonier Rd., “Little Learners Day Care,” stated that she owned three day cares in St. Charles and two in Florissant. The proposed regulations discourage day care providers from opening new businesses in the City. She asked that people who own licensed day care centers and work with children on a regular basis be allowed to be part of the decision making process. Ms. Frank had concerns with many of the proposals set forth in the new legislation, including the “transferability” element. A new Council could void that portion of the ordinance in the future.
Councilwoman McKay informed the residents that only a “draft” bill had been written to date. She suggested that a future date be set for a meeting among staff, existing day care center operators, the Building Commissioner, and the City Council to talk about this issue and compose a well-written bill. The individuals in attendance could also be present at the meeting for their input.
Councilman Eagan thanked those individuals in attendance at the public hearing, for voicing their opinions, and for working with Councilwoman McKay to improve the day care Bill.
The Chair asked if there were any other citizens who would like to speak on said public hearing. Being none, Councilwoman McKay moved to close P.H. #11-10-023, seconded by Eagan. Motion carried.
The City Clerk reported that Public Hearing #11-10-024 to be held this night on a request to authorize an amendment to Special Use Permit No. 5974 to Commercial Bank to allow for an electronic signage for the property located at 400 West Washington had been advertised in substantially the same form as appears in the foregoing publication and by posting the property. The Chair declared the Public Hearing to be open and invited those who wished to be heard to come forward.
Dennis Caldwell, petitioner for Commercial Bank, explained that the sign would remain the same except that it would add an electronic message center. The time and temperature would remain. Councilman Schildroth asked Mr. Caldwell if he would comply with Planning and Zoning’s ten second interval stipulation, and Mr. Caldwell agreed. In response to Councilman Schmidt’s question, the petitioner stated there would be no streaming video. City Attorney, John Hessel, informed Mr. Caldwell that staff was looking into electronic message signs, as were all cities in St. Louis County, and regulations could change in the future to which they would have to comply.
The Chair asked if there were any citizens who would like to speak on said public hearing. Being none, Councilman Stinnett moved to close P.H. #11-10-024, seconded by Lee. Motion carried.
The City Clerk reported that Public Hearing #11-10-025 to be held this night on a request to authorize an amendment to pre-existing Special Use Permit to Dairy Queen to allow for the exterior remodel of an existing sit-down/carry-out restaurant with EFIS over existing masonry for the property located at 2678 N. Hwy. 67 had been advertised in substantially the same form as appears in the foregoing publication and by posting the property. The Chair declared the Public Hearing to be open and invited those who wished to be heard to come forward.
David Greer, petitioner and owner, gave a brief history of the Diary Queen at that location, adding that he has owned it for 17 years. It was originally built in 1957 as a “dairy only” location, had been remodeled several times over the years, and he would like to do it again to keep it up to date. The national corporate Dairy Queen has proposed a new concept called a “Grill and Chill” with a new style and change of colors. The Dairy Queen logo has also changed. The layout of the building will remain the same; he only hopes to give his store a face lift. The corporate office is trying to get away from a “rock and stone” facade and achieve a “smoother” look. The store currently is painted brick.
Councilwoman McKay stated that she was not in favor of using EFIS. She added that it deteriorates easily and looks bad cosmetically. Phil Lum, Building Commission, informed the Council that Mr. Greer did not plan to use EFIS, but instead, hoped to use painted cement board panels. Covering up of masonry will occur in only two areas on the building for a total of 36 square feet. Councilwoman McKay asked Mr. Lum to find samples of buildings using cement board panels with at least five years of history. Mr. Lum explained that Dairy Queen was specifically asking for permission to paint the masonry a different color and to allow the 36 square feet to be covered up.
Councilman Schmidt agreed that cement board was preferable to EFIS. That being said, he had been to St. Charles and looked at remodeled Dairy Queens. Many of them had stonework around the front doors that look very nice. Mr. Greer stated that several years ago, stone was the “look.” Today, a smoother, fresher look was being incorporated.
Councilman Grib asked if the brown interface around the perimeter of the building would remain brick, to which Mr. Greer replied yes. Not only does the petitioner need approval from Florissant on the remodeling, but from the corporate office as well.
Mr. Greer informed the Council that under the drive-thru window, the corporate office also liked a clean look with cement panels so that it would be easier to wipe off soda and other food spills. He would leave it up to the Council as to whether they would prefer the cement panels or brick. Councilman Stinnett stated that every effort has been made to maintain a masonry surface, but realized that he was a long time Florissant businessman trying to update his store.
Councilman Lee liked the new concept, but reminded the petitioner that going forward, if he wanted to paint the brick, it would require approval from the Building Commissioner. If he wanted to change the color, he would have to go before the Planning and Zoning Commission.
The Chair asked if there were any citizens who would like to speak on said public hearing. Being none, Councilman Hernandez moved to close P.H. #11-10-025, seconded by Grib. Motion carried.
The Chair stated that the next item on the agenda was Board Appointments.
Councilman Schildroth moved to accept the Mayor’s reappointment of Corinne Deniszczuk, 2325 Rivoli Place, to the Senior Citizen Commission as a member from Ward 4 for a term expiring on 10/28/2014, seconded by Eagan. Motion carried.
Councilman Schildroth moved to accept the Mayor’s reappointment of Florence Klinger, 190 S. St. Jacques, to the Senior Citizen Commission as a member from Ward 5 for a term expiring on 10/24/2014, seconded by Eagan. Motion carried.
Councilman Schildroth moved to accept the Mayor’s reappointment of Ruth Azar, 155 St. Pierre, to the Senior Citizen Commission as a member from Ward 5 for a term expiring on 10/14/2014, seconded by Eagan. Motion carried.
Councilman Stinnett moved to approve the request of the City Council by Erin Neuner for a permit to keep two male goats located at 1725 Deborah Dr., seconded by English. Motion failed.
Councilman English introduced Bill No. 8780 An Ordinance approving the Community Development Block Grant (CDBG) FY 2012 Annual Action Plan for the City of Florissant, Missouri and authorizing and directing the Mayor to submit such plan to the United States Department of Housing and Urban Development and said Bill was read for the first time. Councilman Lee moved that Bill No. 8780 be read for a second time, seconded by Grib. Motion carried and Bill No. 8780 was read for a second time. Councilman Schildroth moved that Bill No. 8780 be read for a third time, seconded by Eagan. On roll call the Council voted: Schildroth yes, Stinnett yes, McKay yes, Schmidt yes, Hernandez yes, Lee yes, Grib yes, Eagan yes and English yes. Having received the unanimous vote of all members present Bill No. 8780 was read for the third and final time and placed upon its passage. Before the final vote all interested person were given an opportunity to be heard. On roll call the Council voted: Schildroth yes, Stinnett yes, McKay yes, Schmidt yes, Hernandez yes, Lee yes, Grib yes, Eagan yes and English yes. The Chair declared Bill No. 8780 to have passed and said Bill became Ordinance No. 7841.
Councilman Schildroth introduced Bill No. 8781 An Ordinance amending Ordinance No. 5974 to Commercial Bank to allow for an electronic sign for the property located at 400 West Washington and said Bill was read for the first time by title only.
Councilman English introduced Bill No. 8782 An Ordinance amending a pre-existing Special use permit to Dairy Queen to allow for the exterior remodel of an existing sit-down/carry-out restaurant located at 2678 N. Hwy 67 and said Bill was read for the first time by title only.
The next item on the Agenda is Council Announcements.
Councilman Lee commented on the comments regarding the sewer lateral fund made by Michael O’Fallon. To make a change to the funding the sewer lateral account required an ordinance. Councilman Lee thought this tax bill would be addressed and resident’s annual bill would be lowered. Also, he would he hosting a Ward Meeting on November 3, one at noon and one at 7:00 p.m. at JFK Center.
Councilwoman McKay announced that on 10/29 The Florissant Rotary would be hosting a Silent Auction at Mr. Yak’s at 5:30. The Soroptomist International would be hosting a fundraising Fashion Show on 11/5 at the Villa’s North.
Councilman Schildroth announced that he would he hosting two Ward 5 meetings on November 9, one at noon and the other at 7 p.m. The Knights of Columbus Charitible Meat Shoots are scheduled for 10/30 and 11/6.
Councilman Eagan announced that he and Councilman Grib will be hosting a Wards 2 & 3 meeting on November 10 at 7 p.m. at the JFK Center. On 10/26 there will be a Neighborhood Watch Meeting at City Hall.
Councilman Hernandez reminded everyone to attend the Veterans Day Parade on 11/6 at 1:00.
Councilman Schmidt moved to adjourn the meeting, seconded by Schildroth. Motion carried. The meeting was adjourned at 8:20 p.m.
Anita Moore, Acting City Clerk
The following Bills were signed by the Mayor:
8780 Ord. No. 7841