CITY OF FLORISSANT     

                                                                      COUNCIL MINUTES

                                                                               May 24, 2010

The Florissant City Council met in regular session at the Florissant City Hall, 955 rue St. Francois on Tuesday, May 24, 2010 at 8:00 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: Podleski, McKay, Schmidt, Hernandez, Lee, Grib, English and Schildroth.    Also present were Mayor Robert G. Lowery Sr., City Attorney John Hessel and Deputy City Clerk Anita Moore. Councilman Schneider was out of town.   A quorum being present the Chair stated that the Council was in session for the transaction of business.

Councilman Lee moved to approve the Meeting Minutes of 5/11/2010, seconded by Schmidt.  Motion carried.   

The Chair stated that the next item on the agenda was Hearing from Citizens of which there were none. 

The Chair stated that the next item on the agenda was Communications.

• Letter, dated May 19, 2010 from Greg Striebel regarding a charter review subcommittee.
• Email, dated May 17, 2010 from Pamela Lee, regarding the Mayor’s request to meet with her.
• Email, dated May 20, 2010 from Pamela Lee regarding reimbursement of waived fees.
• Email, dated May 20, 2010 from Jeff Cook regarding Florissant’s standard of living.
• Email, dated May 20, 2010 from Pamela Lee regarding reappointment to the Environmental Quality Commission. 
• Councilman Schildroth requested that letter dated May 19, 2010 from David Antognoli be made part of the record and be read in its entirety.   The Chairman requested a roll call vote.  On roll call the Council voted:  Podleski no, McKay no, Schmidt yes, Hernandez yes, Lee no, Grib yes, Schneider absent, English no and Schildroth yes.   Vote passed and the City Clerk read the letter in its entirety.    Councilman Grib moved to suspend the rules, seconded by Schildroth.  Motion carried. Councilman Grib stated that he was not supportive of Councilman Podleski’s comments regarding older employees and found it personally offensive that he would single out the elderly employees in such a way as to make them feel uncomfortable in their positions.   Councilwoman McKay stated that she taped the referenced budget meeting, and all that was said referred to putting together an incentive package for employees who were at the top of their salary grade.  Compensation packages were discussed by Council as a whole as part of the budget process.    She added that this package had been suggested because some older employees’ jobs had been threatened, not by the Council, but by the administration. No employees names were listed on the letter.    Councilman Lee stated that he, too, taped the meeting and that some things were taken out of context.   Furthermore,  the entire Council discussed an “early-out option” that had been used by the City many years before. The only person able to hire and fire is the Mayor.  Lee felt that the intent was never to “kick out” old employees.  Councilman Schildroth stated that since some employees took the trouble to seek legal advice it must have been important to them.  

The Chair stated that the next item on the agenda was Public Hearings.

The City Clerk reported that Public Hearing #10-05-010 to be held this night on a request to authorize a Special Use Permit to Barbara Burton d/b/a A Child at Heart Evening Childcare Services, Inc., to allow for the operation of a child daycare center  for the property located at 2370 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.  Barbarba Burton, petitioner, appeared before the Council. She informed the Council that she hoped to open an evening child care service for parents who are employed at night.  Councilman Hernandez stated that he had met with the petitioner regarding the fence at the rear of the property.  Ms. Burton informed the Council that she had an upcoming meeting with the landlord and the landlord had agreed to repair the fence.   There is a large lot at the rear of the property for a playground and the children attending will be from ages 6 weeks to 12 years.  Ms. Burton is waiting for state approval.   The Chair asked if there were any citizens who would like to speak on said public hearing.  Being none, Councilman Grib moved to close P.H. # 10-05-010, seconded by Lee.  Motion carried. 

The City Clerk reported that Public Hearing #10-05-011 to be held this night on a request to authorize a Special Use Permit to Nick Vandyke d/b/a Heavenly Fish, LLC,  to allow for the operation of a sit-down, carry-out restaurant for the property located at 41 Flower Valley Shopping Center 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.  Nick Vandyke, petitioner, appeared before the Council. He informed the Council that he hoped to open a southern style catfish restaurant.  There is an internal grease trap and the fan sits back far enough so that it is already screened as per Planning and Zoning stipulations.  No liquor license is being requested.    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. # 10-05-011, seconded by Podleski.  Motion carried. 

Councilman Lee moved that Bill No. 8620 An Ordinance amending the General Fund Budget to reflect $200,000 for Revenue Acct. No. 01-4-34310 “Municipal Court Revenue” and increasing expenditure Acct. No. 01-5-41-50010 “Professional Services” by $200,000 be read for a second time, seconded by Grib.  Motion carried and Bill No. 8620 was read for a second time.  Councilman Podleski moved that Bill No. 8620 be read for a third time, seconded by Lee.  Motion carried and Bill No. 8620 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:  Podleski yes, McKay yes, Schmidt yes, Hernandez yes, Lee yes, Grib yes, Schneider absent, English yes  and  Schildroth yes. The Chair declared Bill No. 8620 to have passed and said Bill became Ordinance No. 7701. 

Councilman Schildroth moved that Bill No. 8621 An Ordinance appropriating the sum of $21,100 from the General Revenue Fund of the City of Florissant to Budget Acct. No. 4015 “Unemployment Claim Reserve” for payment of reimbursable unemployment benefits  be read for a second time, seconded by McKay.  Motion carried and Bill No. 8621 was read for a second time.  Councilman Schmidt moved that Bill No. 8621 be read for a third time, seconded by Hernandez.  Motion carried and Bill No. 8621 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:  Podleski yes, McKay yes, Schmidt yes, Hernandez yes, Lee yes, Grib yes, Schneider absent, English yes and  Schildroth yes. The Chair declared Bill No. 8621 to have passed and said Bill became Ordinance No. 7702. 

Councilman Hernandez moved that Bill No. 8622 An Ordinance amending the General Fund Budget Expenditure Acct. No. 4010 by reducing the appropriation by $32,298 and Acct. No. 4013 by reducing the appropriation by $2,170 for the purpose of eliminating the bailiff position in administration be read for a second time, seconded by Podleski.  Motion carried and Bill No. 8622 was read for a second time.  Councilman Grib moved that Bill No. 8622 be read for a third time, seconded by Schmidt.  Motion carried and Bill No. 8622 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:  Podleski yes, McKay yes, Schmidt yes, Hernandez yes, Lee yes, Grib yes, Schneider absent, English yes and Schildroth yes.   The Chair declared Bill No. 8622 to have passed and said Bill became Ordinance No. 7703.  Councilman Schmidt noted for the record that only a third reading was required for Bill No. 8622 since the first and second readings had already taken place at the previous meeting on May 11.  

The Chair stated that the next item on the agenda was Board Appointments.

Councilman Lee moved to accept the Mayor’s reappointment of Steve Olds, 2245 Jenkee to the Traffic Commission as a member from Ward 2 for a term expiring on 2/13/2013, seconded by Schmidt.   Motion carried.

Council as a Whole introduced Resolution No. 947 A Resolution of the Florissant City Council  endorsing St. Louis County’s Grant Program for recycling efforts and authorizing submission of an application to obtain recycling carts and said resolution was read for the first time. Councilwoman McKay moved that Resolution No. 947 be read for a second time, seconded by Podleski.   Motion carried and Resolution No. 947 was read for a second time.   Councilman Schildroth moved that Resolution No. 947 be read for a third time, seconded by Grib.  On roll call the Council voted: Podleski yes, McKay yes, Schmidt yes, Hernandez yes, Lee yes, Grib yes, Schneider absent, English yes and Schildroth yes.    Having received the unanimous vote of all members present, Resolution No. 947 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: Podleski yes, McKay yes, Schmidt yes, Hernandez yes, Lee yes, Grib yes, Schneider absent, English yes and Schildroth yes.   The Chair declared Resolution No. 947 to have been adopted.

Councilman Hernandez introduced Bill No. 8623 An Ordinance amending B-5 Ordinance No. 5186 as amended by Ordinance Nos. 5472, 5733 and 6291 to allow for the development of three retail establishments located at 2393 N. Hwy. 67  and said Bill was read for the first time by title only.

Councilman Hernandez introduced Bill No. 8624 An Ordinance authorizing a Special Use Permit to Barbara Burton d/b/a A Child at Heart Evening Childcare Services Inc., to allow for the operation of a child daycare center located at 2370 N. Highway 67  and said Bill was read for the first time by title only.

Councilman Hernandez introduced Bill No. 8625 An Ordinance authorizing a Special Use Permit to Nick Vandyke d/b/a Heavenly Fish, LLC, for the location and operation of a sit-down, carry-out restaurant for the property located at 41 Flower Valley Shopping Center and said Bill was read for the first time by title only.

Councilman English introduced Bill No. 8626 An Ordinance providing for the annexation by the City of Florissant, Missouri of an area of unincorporated land described herein and referred to as “Area 13,” and providing for approval of an annexation plan and boundary change proposal to be submitted to the St. Louis County Boundary Commission for its consideration and subsequent direction of an election to voters of the City of Florissant and of the Area proposed to be annexed and said Bill was read for the first time. Councilman Schildroth moved that Bill No. 8626 be read for a second time, seconded by Schmidt. Motion carried and Bill No. 8626 was read for a second time.  Councilman Podleski moved that Bill No. 8622 be read for a third time, seconded by McKay. On roll call the Council voted: Podleski no, McKay yes, Schmidt yes, Hernandez yes, Lee yes, Grib yes, Schneider absent, English yes and Schildroth yes.   

Not having received the unanimous vote of all members present, Councilman English moved to continue Bill No. 8626 to 6/14/2010, seconded by McKay.  Motion carried. 

Councilman English introduced Bill No. 8627 An Ordinance to revise the Park Improvement Fund Budget by amending Revenue Acct. No. 0930 in the amount of $372,000 for the reimbursement amount from the Municipal Parks Grant Commission and appropriating $372,000 to Expenditure Acct. No.  0961 to renovate Bangert Pool and said Bill was read for the first time. Councilman Grib moved that Bill No. 8627 be read for a second time, seconded by Hernandez.   Motion carried and Bill No. 8627 was read for a second time.   Councilman Schildroth moved that Bill No. 8627 be read for a third time, seconded by Lee.  On roll call the Council voted: Podleski yes, McKay yes, Schmidt yes, Hernandez yes, Lee yes, Grib yes, Schneider absent, English yes and Schildroth yes. Having received the unanimous vote of all members present, Bill No. 8627 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: Podleski yes, McKay yes, Schmidt yes, Hernandez yes, Lee yes, Grib yes, Schneider absent, English yes and Schildroth yes.   The Chair declared Bill No. 8627 to have passed and said Bill became Ordinance No. 7704. 

The next item on the Agenda was Council Announcements.

Councilman Lee asked the Council President to schedule another Council Budget Work Session.  Furthermore, he will be discussing some ideas for the possibility of early option retirement plans and he does not want to be misunderstood that he was trying to force out any older employees.   He reminded everyone that next Monday was Memorial Day and asked peopled to remember those who gave their lives serving our country. 

Councilwoman McKay stated that the Council had been receiving an excessive amount of emails regarding the reappointment of Pamela Lee to the Environmental Quality Commission and the reason as to why she has not been reappointed.    She asked that the Mayor work things out because the members of that Commission would like Ms. Lee to be reappointed. 

Councilman Hernandez suggested and volunteered that he and his family and friends would repaint the tank at Bangert Park which is in need of a touch up. 

Councilman Schildroth thanked all veterans for their military service.  

The next item on the Agenda was Message from the Mayor.

Mayor Lowery also expressed his gratitude to all the veterans.   On June 1, the Graham Road Bridge will be shut down, hopefully to reopen in September.   The Beautiful Home Awards was now accepting applications for any home in a Florissant neighborhood that anyone feels deserves recognition.  The deadline for the contest is May 28.   There has been an overall reduction in crime in the City and he thanked and congratulated the Neighborhood Watch Association for their efforts.     

Councilman Podleski moved to adjourn the meeting, seconded by McKay.   Motion carried.  The meeting was adjourned at 9:00 p.m.

Anita Moore, Deputy City Clerk

The following Bills were signed by the Mayor:

8620                                  Ord. No. 7701

8621                                  Ord. No. 7702

8622                                  Ord. No. 7703

8627                                  Ord. No. 7704

Date Minutes Approved: