CITY OF FLORISSANT
COUNCIL MINUTES
June 28, 2010
The Florissant City Council met in regular session at the Florissant City Hall, 955 rue St. Francois on Monday, June 28, 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: McKay, Hernandez, Lee, Grib, Schneider, English, Schildroth and Podleski. Also present were City Attorney John Hessel and City Clerk Karen Goodwin. Councilman Schmidt was unable to attend the meeting due to a work conflict. A quorum being present the Chair stated that the Council was in session for the transaction of business.
Councilman Podleski moved to amend the Executive Minutes of 6/14/2010 to reflect that in response to Councilman Podleski’s question, Mr. Bornstein stated that unless Wal-Mart was awarded TIF funding, THF would not proceed with the project. Councilwoman McKay moved to amend the Meeting Minutes of 6/14/2010 on page 5, lines 145-146, Councilman Podleski was noted as saying “no” when the response was actually “yes.” Councilman Podleski moved to approve the amended Meeting Minutes and Executive Minutes of /14/2010, seconded by McKay. Motion carried.
The next item on the Agenda was the Beautiful Home Awards and the following residents were presented with certificates:
Ward 1 – Robert & Pamela Giese at 1410 Verlene
Ward 2 - Donald & Joann Brown at 110 Cortez
Ward 3 – Joseph and Mattie Gibbons at 1920 Keeven
Ward 4 – Jerry and Judy Zeller at 1695 Mark Twain
Ward 5 – Michael and Jean Burns at 206 Castello
Ward 6 – Tom Scherer at 1002 St. Louis
Ward 7 – Pam White at 130 St. Regis Lane
Ward 8 – Russell & Rose Parker at 1055 Cheyenne
Ward 9 – Rosemarie Clyde at 3380 Santiago
The Chair stated that the next item on the agenda was Hearing from Citizens.
Walt Kaiser, 105 N. St. Charles St., reminded everyone to turn in the nominations for Florissant Veteran of the Year by August 11.
Roy Gardner, 157 Flower Valley S/C, introduced himself as director of Karate Services, a martial arts school in Florissant.
Councilman English moved to suspend the rules to hear from Tim Tucker, seconded by Podleski. Motion carried. Mr. Tucker, St. Louis County Economic Council, informed the Council about the proposed development occurring at Jamestown Mall, with a kick off meeting scheduled for July 15 at 6:30 p.m. at Jamestown Mall Cinema.
The Chair stated that the next item on the agenda was Communications.
Email, dated June 13, 2010 from Kevin O’Donnell regarding the THF proposal for 3200-3400 N. Hwy. 67.
Email, dated June 19, 2010 from Elizabeth Bowling regarding the Plaza Madrid traffic, bar and daycare.
Letter, dated June 22, 2010 from John Engelmeyer regarding the dumpster in front of his residence at 740 St. Judith Lane.
Letter, received June 23, 2010 from the members of the Environmental Quality Commission regarding commission appointments. Councilwoman McKay requested that this letter be made part of the public record.
The Chair stated that the next item on the agenda was Public Hearings.
The City Clerk reported that Public Hearing #10-06-013 to be held this night on a request to rezone from B-3 “Extensive Commercial District” to B-5 “Planned Commercial District” to allow for the construction of a new bank with drive-through facilities and signage for the property located at 100 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. Gerald Weber, petitioner, appeared before the Council and gave a brief history of Fifth Third Bank, a community-oriented bank headquartered in Cincinnati, Ohio. The prototype bank planned for Florissant will use union contractors for its construction and will hire approximately ten or more local bank employees when completed. They are currently developing a cross-access agreement with Dierberg’s to help elevate traffic congestion. Landscaping will be increased by 25%, parking will meet the City’s Zoning requirements, and five drive-through lanes will be installed. The existing sign will be removed and a smaller sign will be located further off Lindbergh. Councilman Schneider expressed his concern about the cross-access agreement with Dierbergs and the possibility of people making left hand turns onto Bruce Drive as a cut-through. As a result, he asked Mr. Weber to consult with either the Public Works Department or the Police Department. In response to Councilman Podleski’s question, Mr. Weber explained that the location of the pylon sign had received a conditional use permit from the Planning and Zoning Commission. The hours of operation would be Monday through Friday, 9-5:30, and Saturday 9-1. Councilman Grib explained that since this was a B-5 Development, there was considerable flexibility as to locating the sign where it made the most sense. Mr. Weber explained the unique name of the bank was a result of the merger of two banks in the early 1900’s in Cincinnati. Also, he asked the Council to expedite the readings of the Bill.The Chair asked if there were any citizens who would like to speak on said public hearing. Being none, Councilman Schneider moved to close P.H. # 10-06-013, seconded by Lee. Motion carried.
The City Clerk reported that Public Hearing #10-06-014 to be held this night on a request to authorize a Special Use Permit to JayKanta & Kids, Inc. for the location and operation of a sit-down, carry-out restaurant for the property located at 1146 Shackelford 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. Paul Patel, owner, appeared before the Council. Mr. Patel explained that he was simply moving his business several doors down from its current location at the same site. Councilman Grib stated that he had no problems with the request.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. # 10-06-014, seconded by Schildroth. Motion carried.
Councilman Podleski moved that Bill No. 8628 An Ordinance transferring Special Use Permit No. 5040 from Sinclair Oil Corporation to Western Oil, Inc. for the location of a ground sign located at 1395 Dunn Road be read for a second time, seconded by McKay. Motion carried and Bill No. 8628 was read for a second time. Councilman Lee moved that Bill No. 8628 be read for a third time, seconded by Grib. Motion carried and Bill No. 8628 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: McKay yes, Schmidt absent, Hernandez yes, Lee yes, Grib yes, Schneider yes, English yes, Schildroth yes and Podleski yes. The Chair declared Bill No. 8628 to have passed and said Bill became Ordinance No. 7710.
Councilman Schildroth moved that Bill No. 8629 An Ordinance granting a Special Use Permit to Hokkaido Steak, Sushi, Seafood Buffet, Inc. for the location and operation of a sit-down, carry-out restaurant for the property located at 660 N. Hwy. 67 be read for a second time, seconded by Podleski. Motion carried and Bill No. 8629 was read for a second time. Councilman Lee moved that Bill No. 8629 be read for a third time, seconded by Grib. Motion carried and Bill No. 8629 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: McKay yes, Schmidt absent, Hernandez yes, Lee yes, Grib yes, Schneider yes, English yes, Schildroth yes and Podleski yes. The Chair declared Bill No. 8629 to have passed and said Bill became Ordinance No. 7711.
Councilman Lee moved that Bill No. 8630 An Ordinance authorizing an appropriation of $59,002 from the Park Improvement Fund to Acct. No. 6147 “Park Improvements” for the finishing of the basement Nature Lodge at Sunset Park be read for a third time, seconded by Grib. Motion carried and Bill No. 8630 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: McKay yes, Schmidt absent, Hernandez yes, Lee yes, Grib yes, Schneider no, English yes, Schildroth yes and Podleski yes. The Chair declared Bill No. 8630 to have passed and said Bill became Ordinance No. 7712.
The Chair stated that the next item on the agenda was Board Appointments.
Councilwoman McKay moved to reappointment Jacqueline Pagano, 2065 Washington, to the Citizens Participation Committee as a member from Ward 7 for a term expiring on 6/14/2011, seconded by Grib. Motion carried.
Next item on the agenda was the request for Full Liquor by the Drink for Tigers Inn for the property located at 1149 N. Hwy. 67 which had been postponed from the 6/14/10 meeting. Brad Daley, attorney for Lisa Pham, appeared before the Council stating that he felt the issues and incidents of concern to the City could be resolved and a new liquor license issued to Ms. Pham. Councilman Schneider moved to call for a closed meeting to confer with the City Attorney pursuant to Section 610.021 of the Revised Statutes of Missouri, seconded by McKay. On Roll Call the Council voted: McKay yes, Schmidt absent, Hernandez yes, Lee yes, Grib yes, Schneider yes, English yes Schildroth and Podleski yes. The Council proceeded into closed session at 9:00 p.m. and conferred with the City Attorney. Councilman Podleski moved to open the closed executive session, seconded by McKay. On Roll Call the Council voted: McKay yes, Schmidt absent, Hernandez yes, Lee yes, Grib yes, Schneider yes, English yes, Schildroth yes and Podleski yes. The City Council opened the meeting at 9:10 p.m. Councilman Lee expressed his concerns regarding the violations that occurred inside the establishment while Ms. Pham was the Managing Officer. City Attorney, John Hessel, explained that the owner of the establishment was responsible for violations which occur both inside and outside the establishment and that it was the recommendation of the Chief of Police and the Mayor that the liquor license be denied. Councilman Podleski moved to approve the request for Full Liquor by the Drink for Tigers Inn for the property located at 1149 N. Hwy. 67, seconded by English. Motion carried. On roll call the Council voted: McKay no, Schmidt absent, Hernandez no, Lee no, Grib no, Schneider no, English no, Schildroth no and Podleski no. Whereupon the Chair declared the liquor license denied.
Councilman English moved to approve the request for Full Liquor by the Drink License for Mark Caulley d/b/a Joe Mama’s for the property located at 27 Florissant Oaks Shopping Center, seconded by Grib. Councilman Grib moved to suspend the rules to hear from the petitioner, seconded by McKay. Motion carried. Mr. Caulley appeared before the Council and stated that he had purchased the old “Players Sports Bar” and was looking forward to becoming an active member of the Florissant business community. On roll call the Council voted: McKay yes, Schmidt absent, Hernandez yes, Lee yes, Grib yes, Schneider yes, English yes, Schildroth yes and Podleski yes. Whereupon the Chair declared the liquor license approved.
Councilman Grib moved to approve the request for a Transfer of Special Use Permit No. 5819 from Mathew Godfrey d/b/a Fresh Italy to DCA Restaurant LLC for the operation of a restaurant located at 115-119 Florissant Oaks Shopping Center, seconded by Lee. Motion carried.
Councilman Grib moved to approve the request for Malt Liquor & Wine by the Drink License for CDA Restaurant LLC d/b/a Fresh Italy for the property located at 115-119 Florissant Oaks Shopping Center, seconded by Schneider. Motion carried. On roll call the Council voted: McKay yes, Schmidt absent, Hernandez yes, Lee yes, Grib yes, Schneider yes, English yes, Schildroth yes and Podleski yes. Whereupon the Chair declared the liquor license approved.
Councilman Lee introduced Bill No. 8632 An Ordinance granting a Special Use Permit to JayKanta & Kids, Inc. d/b/a Subway for the operation of a sit-down/carry-out restaurant located at 1146 Shackelford Road and said Bill was read for the first time by title only.
Councilman Grib introduced Bill No. 8633 An Ordinance transferring Special Use Permit No. 5819 from Mathew Godfrey to DCA Restaurant, LLC, d/b/a Fresh Italy for the operation of a restaurant located at 115-119 Florissant Oaks Shopping Center and said Bill was read for the first time. Councilman Grib moved to amend to delete that section of the ordinance which prohibits the sales of alcohol, seconded by McKay. Motion carried. Councilman Grib moved that Bill No. 8633 be read for a second time, seconded by Lee. Motion carried and Bill No. 8633 was read for a second time. Councilman Grib moved that Bill No. 8633 be read for a third time, seconded by Schneider. On roll call the Council voted: McKay yes, Schmidt absent, Hernandez yes, Lee yes, Grib yes, Schneider yes, English yes, Schildroth yes and Podleski yes. Having received the unanimous vote of all members present, Bill No. 8633 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: McKay yes, Schmidt absent, Hernandez yes, Lee yes, Grib yes, Schneider yes, English yes, Schildroth yes and Podleski yes. The Chair declared Bill No. 8633 to have passed and said Bill became Ordinance No. 7713.
Councilman Schneider asked that Bill No. 8632 An Ordinance granting a Special Use Permit to JayKanta & Kids, Inc. d/b/a Subway for the operation of a sit-down/carry-out restaurant located at 1146 Shackelford Road be brought back on floor and read for a second time, seconded by Lee. Motion carried and Bill No. 8632 was read for a second time. Councilman Schneider moved that Bill No. 8632 be read for a third time, seconded by McKay. Motion carried and Bill No. 8632 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: McKay yes, Schmidt absent, Hernandez yes, Lee yes, Grib yes, Schneider yes, English yes, Schildroth yes and Podleski yes. The Chair declared Bill No. 8632 to have passed and said Bill became Ordinance No. 7714.
The next item on the Agenda was Council Announcements.
Councilman Podleski announced that Accessible Play would be holding a fund raiser at Deavers Restaurant on June 30.
Councilwoman McKay announced that the Relay for Life will be held August 6 & 7 at Hazelwood Central High School.
Councilman Schneider attended the Korean War Veteran ceremony on June 19 and presented a proclamation to the veterans from the City. He gave a brief history of the Korean War.
Councilman Schildroth congratulated the winners of the Beautiful Home Awards and thanked the members of the Citizens Participation Committee and especially Teri Reiter for their work in resurrecting the Beautiful Home Award program.
Councilman English congratulated the Zeller family on receiving the Beautiful Home Award. He also warned residents that there has been an unscrupulous alarm company soliciting within the City and to call the BBB if they are contacted by this business.
The next item on the Agenda was Message from the Mayor.
Mayor Lowery announced that crime was down in the City. The Lindbergh Enhancement Project has been finalized and bids will proceed on September 1. The sidewalk installation along New Halls Ferry was almost totally completed. Funding is still available for the sidewalk replacement program which begins August 2. The 54th Street Grill and Bar will open in August. There has been a marked increase in attendance at the Koch and Bangert Pools this summer. Splish-Splash Summer Bash will be held on July 9 at Koch Park. Recently a meeting was held at the Nature Lodge at Sunset Park to increase the utilization of the facility by school districts, colleges, parks, and conservation districts.
Councilman Hernandez moved to adjourn the meeting, seconded by McKay. Motion carried. The meeting was adjourned at 9:50 p.m.
Karen Goodwin, City Clerk
The following Bills were signed by the Mayor:
8628 Ord. No. 7710
8629 Ord. No. 7711
8630 Ord. No. 7712
8632 Ord. No. 7714
8633 Ord. No. 7713
Date Minutes Approved: