CITY OF FLORISSANT
COUNCIL MINUTES
March 12, 2012
The Florissant City Council met in regular session at the Florissant City Hall, 955 rue St. Francois on Monday, March 12, 2012 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: Hernandez, Lee, Grib, Eagan, English, Schildroth, Stinnett, McKay and Schmidt. 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 the Meeting Minutes of 2/27/2012, seconded by Hernandez. Motion carried.
The next item on the agenda was a Proclamation celebrating 100 years of Girl Scouting.
The Chair stated that the next item on the agenda was Hearing from Citizens.
Gary Timmerman, 1550 Pepperhill Dr. discussed changes in Florissant elections.
Jeff Tacina, 4635 Whisper Lake, requested renaming a Florissant park after his boss, John Rivera.
The Chair stated that the next item on the agenda was Communications:
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1. Letter, dated March 6, 2012 from Doris Hellmann regarding her opposition to Walmart.
2. Letter received March 7, 2012 from Gary and Judy Hecksel regarding their opposition to Walmart.
The Chair reported that the next item on the agenda was public hearings.
The City Clerk reported that Public Hearing #12-03-005 to be held this night on a request to rezone from B-3 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 for the property located at 3350 & 3400 N. Hwy 67 and 3605 Seville 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 explained the minor changes that had occurred since the original proposal had been submitted. First and foremost he added that the request for the CID had been withdrawn. There has been an increase in the size of the store and a shifting in the handicapped parking and entrance. There will not be an out lot with a restaurant because of the need to accommodate the additional required parking Also, this change allows the developer to install surface detention which MSD prefers over the previously planned underground detention. Mr. Otto explained that at the rear of the store, great pains were taken to screen the trucks from the residential areas so that they will not be seen from the loading docks. Trucks will enter and exit only from the north side of the building. The primary access to the site is at Sunswept. Parking meets the City’s code requirement. There are two pharmacy drives through, at which they extended full brick on the north elevation.
Councilman Grib asked the petitioner to explain the concept of a “rain garden” on page “C2.” He also asked Mr. Otto if underground detention was considered. Mr. Otto explained that originally the detention was underground, but to accommodate the expansion, it was made surface detention and it would be a dry pond. It would not be seen from N. Hwy. 67. In regard to a “rain garden,” Mr. Otto explained that for water quality purposes, rather than have rain water run off a building into a pipe, it runs into a garden area with a sand filter, purifying the water run off. There will be four “rain gardens” on the proposed development.
Councilman Grib asked Mr. Otto if he could obtain a compliance letter from the Corp of Engineers stating that whatever overflow water draining into Cold Water Creek complies with the Clean Water Act of 1972, as amended. Mr. Otto stated that obtaining the letter will be a later part of the process, but that he does not have it at this time. Councilman Grib requested a compliance letter from MSD as well to which Mr. Otto stated that they could not proceed with the project without it. In regard to the retaining walls, there will be three with fencing at the top of all of them for safety reasons.
In response to Councilman Hernandez’s question, Mr. Otto stated there would be no rise in Cold Water Creek as a result of any run off from the site. Also, they planned on leaving as much vegetation on the site as possible and replanting and exceeding trees where necessary. A vinyl fence and an 80 foot buffer will be installed as well.
Councilman Stinnett asked what they anticipated as the amount of hourly traffic to be. Mr. Otto responded 340 vehicles per hour. Stinnett asked if there was a “plan b” if there was a problem with traffic flow from west to east. Mr. Otto stated that a signal would be installed and that he had met with MODOT on several occasions. There will be a warning light ahead of the signal. MODOT is glad that the light is being installed because drivers tend to speed along Lindbergh at that point. There will be a separate east bound turn lane.
Councilwoman McKay stated that in the past underground detention was always required. She experienced surface detention in her ward that, after a hard rain, took four days to drain. A flared pipe opening should prevent this from happening. In regards to outside storage, they will not be using any of the parking lot. Councilwoman McKay asked for the demographic story that Walmart completed on the Florissant area. Mr. Otto replied that one has not been done within the last ten years. They have wanted to put one in Florissant for quite some time.
In response to Councilman Schmidt’s question regarding Sunset Drive, they have met with the auto repair business and Lindbergh Plaza and discussed giving them a cross-access agreement as well as giving the auto repair business more parking. They might have either a full access or a right-in, right-out at that location depending on MODOT’s determination. This store will have no impact on the Ferguson Walmart. It will remain open.
In response to Councilman Eagan’s question, Mr. Otto stated that most departments in the store would be open 24 hours. Eagan would like the sporting good department and the sale of ammunition and weapons to be closed during the night. Councilman Eagan asked about overnight security to which Mr. Otto said he would look into.
In response to Councilman Schildroth’s question, Mr. Otto explained the trash and recycle containers. All deliveries will occur on the opposite side of where the residential area is located. Three hundred people will be employed, approximately half of which will be full time.
Councilman English asked if the HVAC units would be screened. Mr. Otto said he would look into screening for the units. He also asked about the large trucks destroying the curb at Lowes, to which Mr. Otto responded that he thought they had accommodated for it. English asked on behalf of the trades who would be building the Walmart. Mr. Otto couldn’t speak for Walmart, but thought that it would be.
The Chair asked if there were any citizens who would like to speak on said public hearing.
Fred Simshauser, 3640 Seville, asked about the property at 3605 Seville. He also asked about the negative impact Walmart would have on the surrounding businesses. Councilman Schmidt stated that government couldn’t legislate or get in the middle business. John Hessel agreed that no government entity can legislate economic issues or business competitive issues. It can regulate the use.
John Engelmeyer, St. Judith Lane, stated that he lives behind a grocery store and is aware of the problems. He expressed his concern about the residents living near this new development. He asked that the report that Councilman Grib had asked for be made available to the public.
Mayor Schneider stated that developers find the City of Florissant so attractive to come into, that they build without any incentives.
Elizabeth O’Fallon, 1085 Campion Lane, thanked Mr. Otto, for answering all the questions posed by the Council. She was against a tax incentive and was glad that was removed from the development.
John Wolf, 18 St. Genevieve Ct., expressed his concern about the stop light being located at the bottom of the hill during the winter and the accidents that might occur. He also asked about traffic congestion.
The Chair asked if there were any other citizens who would like to speak on said public hearing.
Being none, Councilman Hernandez moved to close P.H. #12-03-005, seconded by Stinnett. Motion carried.
The City Clerk reported that Public Hearing #12-03-006 to be held this night on a request to authorize an amendment to Special Use Permit No. 7155 to Diary Queen to allow for an electronic reader board on the existing pole sign 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, appeared before the Council and stated that all renovations to the Dairy Queen had been approved with the final request being the electronic reader board for which he was asking for this evening.
The Chair stated that the next item on the agenda was Second Readings:
Councilman Eagan moved that Bill No. 8802 Ordinance amending Title III of The Florissant City Code, Schedule XIII, Table XII-B “Parking Prohibited at all times at certain locations” by adding 750 Manresa be read for a second time, seconded by Lee. Motion carried and Bill No. 8802 was read for a second time. Councilman Eagan moved that Bill No. 8802 be read for a third time, seconded by Grib. Motion carried and Bill No. 8802 was read for a third and final time and placed upon its passage. Before the final vote all interested persons were given an opportunity to be heard. On roll call the Council voted: Schmidt yes, Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes and McKay yes. Whereupon the Chair declared Bill No. 8802 to have passed and said Bill became Ordinance No. 7866.
The Chair stated that the next item on the agenda was Board Appointments
Councilman Hernandez moved to accept the Mayor’s reappointment of Don Lafferre, 3395 Hambletonian, to the Senior Commission as a member from Ward 9 for a term expiring on 2/22/2015, seconded by Eagan. Motion carried.
Councilman Schmidt moved to re-appoint Jane Boyle, 3715 Greengrass, to the Planning & Zoning Commission, as a member from Ward 8 for a term expiring on 3/8/16, seconded by McKay. Motion Carried.
Next item on the agenda was a request for a Transfer of Special Use Permit No. 6741 from St. Louis Wings LLC to GSR Restaurants MO, LLC for the operation of a sit-down restaurant located at 8222 N. Lindbergh.
Councilman Eagan moved to suspend the rules to allow the petitioner to speak, seconded by Lee. Matthew Poleos approached the podium and explained that one of the partners had moved and he was taking over the business. He had been managing the office for over five years. Councilman Eagan moved to approve the application for the transfer of Special Use Permit No. 6741 from St. Louis Wings LLC to GSR Restaurants MO LLC for the operation of a sit-down restaurant located at 8222 N. Lindbergh, seconded by Grib, motion carried.
The Chair stated that the next item on the agenda was first readings.
Bill No. 8806 Ordinance establishing the Florissant Sunswept Community Improvement District; approving the appointment of the initial board of directors thereto; and directing the City Clerk to notify the Missouri Department of Economic Development of the creation of the District was postponed at the request of the petitioner to March 12, 2012.
Bill No. 8807 An Ordinance designating a portion of the City of Florissant, Missouri, as a blighted area pursuant to the Community Improvement District Act, Sections 67.1401 to 67.1571 of the Revised Statutes of Missouri, as amended was postponed at the request of the petitioner to March 12, 2012.
Councilman Eagan introduced Bill No. 8808 Ordinance authorizing a Transfer of Special Use Permit No. 6741 from St. Louis Wings, LLC to GSR Restaurants MO, LLC for the operation of a sit-down restaurant located at 8222 N Lindbergh and said Bill was read for the first time. Councilman Eagan moved that Bill No. 8808 be read for a second time, seconded by Grib. Motion carried and Bill No. 8808 was read for a second time. Councilman Lee moved that Bill No. 8808 be read for a third time, seconded by Stinnett. On roll call the Council voted: Schmidt yes, Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes and McKay yes. Having received the unanimous vote of all members present Bill No. 8808 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: Schmidt yes, Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes and McKay yes. The Chair declared Bill No. 8808 to have passed and said Bill became Ordinance No. 7867.
Councilman English introduced Bill No. 8809 An Ordinance authorizing an appropriation of $10,000 from the Park Improvement Fund to account no. 0950 “Professional Services” for a survey and other services related to the donation of park acreage from the Desloge family and said Bill was read for the first time. Councilman Lee moved that Bill No. 8809 be read for a second time, seconded by McKay. Motion carried and Bill No. 8809 was read for a second time. Councilman Lee moved that Bill No. 8804 be read for a third time, seconded by Grib. On roll call the Council voted: Schmidt yes, Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes and McKay yes. Having received the unanimous vote of all members present Bill No. 8809 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. Kevin O’Donnell asked exactly what the $10,000 would be used for. Councilman Lee responded that other than the survey, there would be title work, attorneys fees, and paper work of which the City did not know the exact amount at this time. On roll call the Council voted: Schmidt yes, Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes and McKay yes. The Chair declared Bill No. 8809 to have passed and said Bill became Ordinance No. 7868.
Councilwoman McKay announced the Mayors Shamrock Ball on March 3rd to benefit Valley Industries Sheltered Workshop. The entertainment is Bob Kuban again this year. It is a formal affair. She also stated that a couple of weeks ago a young group of residents invited all who had filed for office to come and speak and thanked them for the invitation.
Councilman Schildroth announced that Explorer Post 97 would be having a trivia night on 4/14 at the JFK Center.
Councilman Eagan thanked the City employees who participated in the Polar Bear Plunge which raised $94,000 for Special Olympics.
Councilman Lee announced the annual Trivia Night fund raiser for Accessible Play scheduled for March 24.
Mayor Schneider announced that the City was trying to obtain pictures of past Florissant Mayors from 1857-1960 to display in City Hall. Please contact the City Clerk if you have any pictures or know where to obtain them. He also announced an electronic recycling event on 4/28 at St. Ferdinand Park, a “Promise Made-Promise Kept” Veterans event on 3/11 - 3/30, and a document shredding day in May. The Mayor continues to visits the local schools to discuss great leaders in history. He thanked Delio’s Deli for inviting the employees to a “soft opening” and encouraged residents to visit the restaurant.
The Mayor stated that Tim Barrett, City Engineer, compiled a reported regarding the West Lake Land Fill. In conclusion, his report stated that more studies were needed and that it was too early to make a determination. If anyone would like a copy of the report, it was available at City Hall.
Also, the Mayor had met with the Finance Director and attorneys, and in regards to the Sewer Lateral Program, all fiscal and legal requirements had been met.
Councilwoman McKay moved to adjourn the meeting, seconded by Hernandez. Motion carried. The meeting was adjourned at 7:43 p.m.
Karen Goodwin, City Clerk
The following Bills were signed by the Mayor:
8802 Ord. No. 7866
8808 Ord. No. 7867
8809 Ord. No. 7868