CITY OF FLORISSANT
COUNCIL MINUTES
November 14, 2011
The Florissant City Council met in regular session at the Florissant City Hall, 955 rue St. Francois on Monday, November 14, 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.
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 City Clerk Karen Goodwin. A quorum being present the Chair stated that the Council was in session for the transaction of business.
Councilwoman McKay moved to approve Meeting Minutes of 10/24/2011 and Budget Meeting Minutes of 10/25/2011, seconded by Lee. Motion carried.
Mayor Schneider presented a Proclamation to Linda Dickson for her hard work and commitment in starting the Sudden Cardiac Arrest Chapter.
The Chair stated that the next item on the agenda was Hearing from Citizens.
John Englemeyer, 740 St. Judith thanked the City for the Veteran’s Parade. He thanked the Mayor and Randy McDaniel for answering his questions. He discussed issues with North County Incorporated.
The Chair stated that the next item on the agenda was Communications.
Letter dated October 20, 2011 from Charter Communications regarding their Franchise Report.
Letter, dated November 9, 2011 from Trish Frank, Beth Collins, Inez Logan and Wanda Rieter regarding future daycare center legislation.
The City Clerk reported that the next item on the agenda was public hearings.
The City Clerk reported that Public Hearing #11-11-026 to be held this night on a Request to rezone from B-5 Extensive Commercial District and M-2 Industrial District to a B-5 Planned Commercial District to allow for the construction of a new retail center and out lot for the property located at 3350 & 3400 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. Jeff Otto, THF Florissant Development stated that they had a very productive process with Planning and Zoning. He described the general characteristics of the project to the Council. He said that it consists of a Walmart and super center consisting of approximately 150,000 sq. ft. and an out lot development which will hopefully be a sit down restaurant. Two access points to the site. He stated that the loading dock is covered by a wall on the opposite side of the residential area. The front of building is entirely brick, no EFIS. The trash containment system is fully contained. The light pole height was reduced from the standard 42’ to 25’ poles. The buffer between residential and retail will be increased to 25 ft with an 8 ft white vinyl fence as well as the parking being located 80 ft. away from the property line. He described what they are doing to try to comply with the Masonry ordinance. He described other developments in the City that have been allowed without fill brick. Councilman Hernandez asked Mr. Otto if they would be applying for a Community Improvement District. Mr. Otto stated that they were in the process of putting together that application and should have it ready within the next week. Councilman Hernandez asked what labor would be used. Mr. Otto stated that they are the developer and will lease the property to Walmart so he has no bearing on whether or not Union Labor would be used but he understood it would be.Councilwoman McKay stated that she did some research on the Lowe’s development. She feels they dealt with the grading and water issues without asking for a CID. Mr. Otto stated that they have Wetland jurisdictional water issues. Councilwoman McKay stated that she would like more information regarding CIDs. Mr. Otto stated that the CID program was modified to be available within the last 5 years. Councilman Schmidt clarified that the brick does not go halfway down the side it is more like a third of the way. Mr. Otto stated that there should be two drive through’s shown instead of one. Mark Hoi with SAIC Architects explained the elevation and he said that roughly half the side will be brick. Councilman Schmidt asked to see the correct elevation and the correct amount of brick. Councilman Schmidt asked about the out lot. He understood that Planning and Zoning expressed a desire for that out lot to be a restaurant. Mr. Otto stated that the out lot is designed for a restaurant; however, it is difficult to commit to a restaurant. Councilman Eagan asked about the delivery access. Mr. Otto explained the deliver plans.
Councilman Schildroth asked about the trash pickup. Mr. Otto stated that they will abide by the local ordinances. Councilman Schildroth asked about the trash enclosure. Mr. Otto stated that they have a recycling area from cardboard to fresh produce. Mr. Otto introduced Shawn White of CBB, she performed the traffic study. She explained the process of determining traffic patterns to determine what they would propose for this project. There would be one traffic signal proposed that would have to be approved my MoDOT. The signals and entrances were discussed at length with regard to the properties that may be affected by the project. Councilwoman McKay asked for a list of accidents that have occurred near the intersection of Trotterway and N. Hwy 67.Jeff Tacina, 4635 Whisper Lake Drive spoke out against Walmart. He presented a book that was called “How Walmart is destroying America”. John Englemeyer, 740 St. Judith asked some questions of the applicant regarding the development proposal. Mr. Otto clarified that THF is the developer and will lease the property to Walmart who will have the business license. Mr. Englemeyer asked if the creek would be improved. Mr. Otto stated that they would not be making any improvements to the creek. Mr. Otto stated that they would schedule deliveries according to the City ordinances. Mr. Otto stated that the traffic study will have to be approved by MoDOT. Mr. Otto said there were no plans for a gas station. Mr. Otto stated that the permitting process takes at least 6 months so construction may begin late summer next year. Rich Lux, 1060 5th Plaza asked about the Community Improvement District. Council President English stated that the developer would submit a petition for a CID. Mr. Hessel explained what a Community Improvement District is and who it impacts.
The Chair asked if there were any citizens who would like to speak on said public hearing. Being none, Councilwoman Mckay moved to close P.H. #11-11-026, seconded by Hernandez. Motion carried.
The City Clerk reported that Public Hearing #11-11-027 to be held this night on a request to authorize a Special Use Permit to AT&T Mobility for the installation of a telecommunication facility for the property located at 1475 Dunn Road 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. Mary Krupps, Black and Veach explained their application for the location of a new tower for AT&T. She showed the search area that they were able to use to locate a tower. Ms. Krupps explained the design of the tower and equipment shed.
Councilman Grib asked for additional details regarding the retaining wall that is being proposed on two sides of the location. He was making clear that the tower is not sitting on the same level of the other buildings. Ms. Krupps stated that this tower would most likely be the same height as the 80 ft. tower at Grandview because it is down almost 20 ft. Councilwoman McKay asked if the pole could be designed as a flag pole. She said that it is visible by the apartments. Ms. Krupps stated that although she agrees that flagpoles are more attractive, this location does not lend itself to this design. She stated that they will be limited as to how many can co-locate if a flagpole design is used.
Councilman Stinnett asked about the equipment shelter. He was concerned about providing access to the equipment shelter for the technicians as well as wanted the retaining wall to be built out of something other than railroad ties or landscape timbers.
Councilman Schmidt clarified that the maximum height of the pole will be 100 ft. The Chair asked if there were any citizens who would like to speak on said public hearing. Being none, Councilman Eagan moved to close P.H. #11-11-027, seconded by Schildroth. Motion carried.
The Chair stated that the next item on the agenda was second readings.
Councilman Schildroth moved to read bill no. 8781 an ordinance authorizing an amendment to Special Use Permit No. 5974 to Commercial Bank to allow for an electronic sign for the property located at 400 West Washington a second time, seconded by Schmidt, motion carried and the bill was read for the second time. Councilman Eagan moved to read bill no. 8781 for a third time and place it upon it’s passage, seconded by Grib, motion carried and bill no. 8781 was read for a third time. 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. 8781 to have passed and said Bill became Ordinance No. 7842.
Councilman Hernandez moved to read bill no. 8782 an ordinance authorizing an amendment to a pre-existing Special Use to Dairy Queen to allow for the exterior remodel of an existing sit-down/carryout restaurant for the property located at 2678 N. Hwy 67 a second time, seconded by McKay, Councilman Schmidt moved to amend the bill by removing section “d” concerning EFIS and re-letter accordingly, seconded by Lee, motion carried. The motion to read the bill for a second time carried and the bill was read for the second time. Councilman Eagan moved to read bill no. 8782 for a third time and place it upon it’s passage, seconded by Grib, motion carried and bill no. 8782 was read for a third time. 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. 8782 to have passed and said Bill became Ordinance No. 7843.
The Chair stated that the next item on the agenda was Board Appointments of which there were none.
The Chair stated that the next item on the agenda was requests.
Request for a transfer of Special Use Permit No. 5391 as amended for the location and operation of a restaurant from Fortel’s Pizza Den to Deleo’s Deli located at 2782 N. Hwy 67.Councilman Hernandez moved to suspend the rules to allow the petitioner to speak. Mark Wonderly and Jacob Hall approached the podium. Mr. Hall described the type of business and the updates to the location.Councilman Hernandez moved to approve the application for the transfer of Special Use Permit No. 5391 as amended from Fortel’s to Deleo’s Deli, seconded by McKay, motion carried.
The Chair stated that the next item on the agenda was Resolutions.
Councilman Stinnett moved to table Resolution No. 955, Resolution of The City Council of the City of Florissant Missouri endorsing the U.S. Mayors Climate Protection Agreement, seconded by Grib, motion carried unanimously.
The Chair stated that the next item on the agenda was first readings.
Councilman Schildroth introduced Bill No. 8783 Ordinance adopting the budget for the City of Florissant for the fiscal year commencing on December 1, 2011 and ending on November 30, 2012 and providing for its effective date, and said Bill was read for the first time by title only.
Councilman English introduced Bill No. 8784 Ordinance authorizing an appropriation of $15,000 from the General Revenue Fund to Account No. 5626 “Utilities – Koch Pool” to fund additional utility costs for Koch Aquatic Center and said Bill was read for the first time. Councilman Eagan moved that Bill No. 8784 be read for a second time, seconded by Stinnett. Motion carried and Bill No. 8784 was read for a second time. Councilman Hernandez moved that Bill No. 8784 be read for a third time, seconded by McKay. On roll call the Council voted: Schildroth yes, Stinnett yes, McKay yes, Schmidt yes, Hernandez yes, Lee absent, Grib yes, Eagan yes and English yes. Discussion: Councilwoman McKay stated that she is not happy with taking money out of General Revenue to pay this. Having received the unanimous vote of all members present Bill No. 8784 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 absent, Grib yes, Eagan yes and English yes. The Chair declared Bill No. 8784 to have passed and said Bill became Ordinance No. 7844.
Councilman English introduced Bill No. 8785 Ordinance authorizing a Special Use Permit to AT&T to allow for the installation of a new antenna support structure and equipment facility for the property located at 1475 Dunn Road and said Bill was read for the first time by title only.
Councilman English introduced Bill No. 8786 Ordinance amending Title IV, Section 405.035 "Definitions" and Title VI, Section 605.380 “Definitions” by adding the definition of shopping center and prohibiting child day care centers in shopping centers and said Bill was read for the first time by title only.
Councilman English introduced Bill No. 8787 Ordinance repealing ordinance no. 7755 and authorizing the Mayor of the City Of Florissant to enter into a contract with the Law Firm of Lewis, Rice & Fingersh represented by John M. Hessel for legal services for the City of Florissant commencing on December 1, 2011 and ending on November 30, 2012 and said Bill was read for the first time by title only
Councilman English introduced Bill No. 8788 Ordinance authorizing a transfer of Special Use Permit No. 5391 as amended for the location and operation of a restaurant from Fortel’s Pizza Den to Deleo’s Deli located at 2782 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 Hernandez thanked everyone for coming out to see the Veteran’s Day parade as well the participants and the City.
Councilman Schildroth thanked the residents of Ward 5 for coming to the Ward meeting held last week. He also thanked everyone for all of the efforts for putting the parade together.
Councilman Eagan thanked everyone for their efforts with the Veteran’s Day parade. He reminded everyone about Gun’s and Hoses the day before Thanksgiving.
Councilman Grib thanked all of the residents of Ward 2 and 3 for their attendance at the ward meeting as well as staff.
Councilwoman McKay thanked everyone for their hard work putting the parade together. She appreciated the invitation to ride on the float but enjoys taking pictures of the parade. She reminded everyone about the food pantry during the holidays, remember that the holidays are difficult and Team helps a lot of the residents. It’s not just during the holidays, it is year a year round need.
Councilman English announced that there is an opening on the Planning and Zoning Commission, if you are interested send a resume and application to the City Clerks Office.
Mayor Schneider stated that he is very proud of this community for their support for the Veteran’s Day Parade. He congratulated the Veteran of the Year and Parade Marshal. He thanked everyone who participated in donations for the Soldier’s wish list. He reminded everyone that there will be an annexation meeting for the possible annexation of Area 13 on Wednesday, November 16th.
He congratulated Daniel Patrick Boyle for his election to the Municipal Judge position.
He announced the 225th Birthday Party at the St. Ferdinand Shrine on Friday, November 18th beginning at 6pm with plaque dedications followed by a mass and other activities.
The Chair stated that the next meeting is November 28th and thanked the veterans who serve on the Council.
There being no further business to discuss Councilman Hernandez moved to adjourn, seconded by Stinnett, motion carried and the meeting adjourned at 9:25 pm.
Karen Goodwin, MMC/MRCC
City Clerk
The following Bills were signed by the Mayor:
8781 Ord. No. 7842
8782 Ord. No. 7843
8784 Ord No. 7844