CITY OF FLORISSANT
COUNCIL MINUTES
March 26, 2012
The Florissant City Council met in regular session at the Florissant City Hall, 955 rue St. Francois on Monday, March 26, 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.
Councilman Grib moved to approve the Meeting Minutes and Executive Meeting Minutes of 3/12/2012, seconded by Hernandez. Motion carried.
The next item on the agenda was a Proclamation celebrating 100 years of Girl Scouting. The Mayor congratulated the Girl Scout Troop in attendance.
The Chair stated that the next item on the agenda was Hearing from Citizens.
Kevin O’Donnell, 512 Rancho Ln., expressed his opinions regarding the upcoming ward elections.
The Chair stated that the next item on the agenda was Communications:
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1. Email, dated March 6, 2012 from Kathy Stukheil, regarding rental property.
The Chair reported that the next item on the agenda was public hearings.
The City Clerk reported that Public Hearing #12-03-007 to be held this night on a request to authorize a Special Use Permit to The Spot Café, LLC, d/b/a The Spot Café to allow for the operation of an internet café in a B-3 Zoning District for the property located at 1772 Thunderbird Ave. 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.
Darren Burress explained that he hoped to open a cyber café where pre-packaged food, coffee, soda, chips and hot dogs will be served. Some games will be available for example, x-box. Free wi-fi will be available and seating for 15 people. No alcohol will be served. The petitioner hopes to open the first of June. The hours of operation will be Sunday through Thursday 6-10, Friday and Saturday 6-12. Seating will be for people with an attendant there at all times. They hope to attract individuals of all ages.
The Chair asked if there were any other citizens who would like to speak on said public hearing. Kevin O’Donnell expressed his concern regarding sufficient parking. Mr. Burress stated that there was parking in the rear of the building.
Being no other persons who wished to speak, Councilman Stinnett moved to close P.H. #12-03-007, seconded by Lee. Motion carried.
The City Clerk reported that Public Hearing #12-03-008 to be held this night on a request to authorize an amendment to Special Use Permit No. 7018 Cross Keys Auto to allow for an addition to the existing building in a B-3 Zoning District for the property located at 14050 New Halls Ferry 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.
Joe Dale, petitioner for Glen Travers and architect, appeared before the Council and stated that the plan was for a small expansion to Cross Keys Auto. It will be approximately 274 square feet in order to house several new employees. The addition will be a three-sided, non-painted, brick addition to be 9’ by 30’ wide. The cars and configuration will remain in the same location.
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. #12-03-008, seconded by McKay. Motion carried.
The Chair stated that the next item on the agenda was Second Readings:
Councilman Hernandez moved that Bill No. 8811 Ordinance transferring Special Use Permit No. 7397 from Kitchen & Granite Creations to Cabinets & Granite Corp. for a home remodeling business with retail sales located at 1C Paddock Hills Shopping Center be read for a third time, seconded by McKay. In response to Councilman Lee’s question, Mayor Schneider stated that progress was being made with respect to the code violations. Motion carried and Bill No. 8811 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: Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes McKay yes and Schmidt yes. Whereupon the Chair declared Bill No. 8811 to have passed and said Bill became Ordinance No. 7870.
The Chair stated that the next item on the agenda was Board Appointments of which there were none.
Next item on the agenda was a request for a Transfer of Special Use Permit No. 7707 from Heavenly Fish to New York Grill, Inc. for the operation of a restaurant located at 41 Flower Valley Shopping Center. Councilman Hernandez moved to suspend the rules to hear from the petitioner, seconded by Schildroth. Motion carried. Mohamed Yaacoub appeared before the Council. He explained that his restaurant would be open seven days a week and would add a few more items to the menu. The hours of operation would be until 12 on Fridays and Saturdays and until 11 the rest of the week. He hoped to open the first of April. Councilman Hernandez moved to approve the request for a transfer of Special Use Permit No. 7707 from Heavenly Fish to New York Grill, Inc. for the operation of a restaurant located at 41 Flower Valley Shopping Center, seconded by Lee, motion carried.
The Chair stated that the next item on the agenda was first readings.
Councilman Hernandez introduced Bill No. 8812 An Ordinance amending the rezoning of the property at 3350 & 3400 N. Highway 67 and 3605 Seville from B-3 Extensive Commercial District and M-2 Industrial District to B-5 Planned Commercial District for the construction of a new retail center and said Bill was read for the first time. Councilwoman McKay moved that Bill No. 8812 be read for a second time for the purpose of discussion, seconded by Lee. Motion carried
Councilwoman McKay expressed her concern regarding above ground detention. She presented extensive research/pictures from past developments in Florissant which she asked to be made part of the record. All other large developments in Florissant have been required to have underground detention and she preferred that Wal-Mart be required to do so as well. Councilwoman McKay moved to amend to read in Section 2, Subsection (6), Miscellaneous Design Criteria, Subsection (i) to add a new section (5) to read, “include underground detention, in lieu of above ground detention, together with rain gardens in the flood plane mitigation area,” seconded by English. Motion carried. Councilman Lee moved to suspend the rules to hear from the petitioner, seconded by Eagan.
Jeff Otto, representative for Wal-mart, stated that they would prefer above ground detention because of cost as well as the fact that it would be placed in an area where it would not be seen from the entrance to the store and the street. It would be a dry pond and Wal-mart will maintain the pond. They agreed to keep the rain garden in the ordinance. Mr. Otto stated that he wished to clarify that the ordinance presented this evening makes reference to an out lot which they are not asking for at this time.
Councilman Eagan moved to amend under Section 9, Subsection (g), “to require an off duty security guard, preferably a Florissant Police Officer, between the hours of 11:00 p.m. and 7:00 a.m.,” seconded by Lee. Motion carried.
In response to Councilman Schmidt’s question regarding traffic, Mr. Otto responded that no changes have been made since the last meeting. Councilman Schmidt stated that he would like to have that issue solved before they moved forward with the development. Schmidt also stated that traffic congestion at New Halls Ferry Rd. and Lindbergh would be heavy.
Councilman Hernandez expressed his concern about traffic congestion at that intersection as well. He asked if Mr. Otto had received a cross-access agreement from the Import Car Repair business to which Mr. Otto responded not at this time. Surveys and field work needs to done first which takes time, although both property owners agree. Councilman Lee would like an agreement in place before the next Council meeting.
Councilwoman McKay expressed her concern about finalizing the development with incomplete sections of the traffic study.
Councilwoman McKay moved to postponed Bill No. 8812 to 9/12/2012, seconded by Hernandez. Motion carried.
Councilman Stinnett introduced Bill No. 8813 An Ordinance granting a Special Use Permit to the Spot Café, LLC, d/b/a The Spot Café to allow for the operation of an internet café located at 1772 Thunderbird and said Bill was read for the first time.
Councilman Hernandez introduced Bill No. 8814 An Ordinance amending Special Use Permit No. 7018 granted to Cross Keys Auto, Inc. for a used car dealership to allow for an addition to the existing building for the property located at 14050 New Halls Ferry and said Bill was read for the first time.
Councilman Hernandez introduced Bill No. 8815 An Ordinance transferring Special Use Permit No. 7707 from Heavenly Fish, LLC to New York Grill, Inc. for the operation of a restaurant located at 41 Flower Valley Shopping Center and said Bill was read for the first time. Councilman Hernandez moved that Bill No. 8815 be read for a second time, seconded by Grib. Motion carried and Bill No. 8815 was read for a second time. Councilman Hernandez moved that Bill No. 8815 be read for a third time, seconded by English. On roll call the Council voted: Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes, McKay yes and Schmidt yes. Having received the unanimous vote of all members present Bill No. 8815 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: Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes, McKay yes and Schmidt yes. The Chair declared Bill No. 8815 to have passed and said Bill became Ordinance No. 7871.
Councilman English introduced Bill No. 8816 An ordinance appropriating the sum of $14,749 from the General Revenue Fund of the City of Florissant to Budget Acct. 4352-Theatre Workshop for matching funds for the Valley of Flowers Children’s Arts Programs and said Bill was read for the first time. Councilman English moved that Bill No. 8816 be read for a second time, seconded by Schildroth. Motion carried and Bill No. 8816 was read for a second time. Councilman Eagan moved that Bill No. 8816 be read for a third time, seconded by Schildroth. On roll call the Council voted: Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes, McKay yes and Schmidt yes. Having received the unanimous vote of all members present Bill No. 8816 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: Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes, McKay yes and Schmidt yes. The Chair declared Bill No. 8816 to have passed and said Bill became Ordinance No. 7872.
Council as a Whole introduced Bill No. 8817 An amending Title V, Section 510 “ Minimum standards for dwellings, dwelling units and accessory buildings and commercial buildings” by adding a new Section 510.410 “Protocols for abatement of contamination due to production of methamphetamine,” and said Bill was read for the first time. Councilman Eagan moved that Bill No. 8817 be read for a second time, seconded by Grib. Motion carried and Bill No. 8817 was read for a second time. Councilman Eagan moved that Bill No. 8817 be read for a third time, seconded by Lee. On roll call the Council voted: Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes, McKay yes and Schmidt yes. Having received the unanimous vote of all members present Bill No. 8817 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: Hernandez yes, Lee yes, Grib yes, Eagan yes, English yes, Schildroth yes, Stinnett yes, McKay yes and Schmidt yes. The Chair declared Bill No. 8817 to have passed and said Bill became Ordinance No. 7873.
The next item on the agenda is Council Announcements
Councilwoman McKay thanked the ladies in attendance who participated in the Neighborhood Watch and encouraged residents to join.
Councilman Stinnett stated that he would be having a Ward 6 meeting in Council Chambers on 4/12 at 7 p.m.
Councilman Eagan announced that the Explorer Post would be hosting a trivia night on 4/16 at the JFK Center and encouraged the support of the Neighborhood Watch Program.
Councilman English stated that Florissant was well represented, helping those in Joplin, Mo. and thanked the administration for allowing the City Engineer, Tim Barrett, to go with him to attend a conference at St. Louis University regarding the West Lake Landfill presented by the EPA.
The next item on the agenda was Mayor Announcements
The Mayor congratulated Tim Barrett, City Engineer, on his excellent position paper regarding the West Lake Land Fill. The POW/MIA traveling display will be on display for a few more days at the Eagan Center. He thanked the Vietnam Nam Vets for support of the Florissant Canine Unit. He encouraged the residents to contact City Hall for a list of reliable local contractors should hail cause damage to their home. He congratulated former Mayor Lowery for being appointed to the Board of the Museum/Zoo District. He encouraged everyone to vote in the next election.
Councilwoman McKay moved to adjourn the meeting, seconded by Hernandez. Motion carried. The meeting was adjourned at 8:20 p.m.
Karen Goodwin, City Clerk
The following Bills were signed by the Mayor:
8811 Ord. No. 7870
8815 Ord. No. 7871
8816 Ord. No. 7872
8817 Ord. No. 7873