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I. PLEDGE OF ALLEGIANCE II. ROLL CALL OF MEMBERS III. APPROVAL OF MINUTES

• Meeting and Executive Minutes of May 28, 2013

IV. SPECIAL PRESENTATIION

• Florissant Park Foundation • Beautiful Home Awards

V. HEARING FROM CITIZENS VI. COMMUNICATIONS VII. PUBLIC HEARINGS none VIII. OLD BUSINESS 8918 Ordinance appropriating the sum of $33,000 from Park

Improvement Fund to Acct. No. 0961 for the purpose of replacing a light pole at St. Ferdinand Park.

2nd Reading Schildroth

FLORISSANT CITY COUNCIL AGENDA Florissant City Hall Council Chambers

955 rue St. Francois Monday June 10th, 2013

7:30 PM Karen Goodwin, MMC/MRCC

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IX. NEW BUSINESS

A. BOARD APPOINTMENTS

B. REQUESTS

Ward 6 Application

Request for the transfer of Special Use Permit no. 5445 from Baskin –Robbins USA , Co, to DIC 3, LLC d/b/a Baskin Robbins for the operation of a restaurant/ ice cream parlor with a drive through located at 820 N. Hwy 67.

Brian Donovan

C. BILLS FOR FIRST READING

8919 Application Staff Rpt

Request to authorize an amendment to Special Use Permit No. 7732 to Weaver’s Deli to allow for barbequing on the parking lot in a B-2 Zoning District for the property located at 12761 New Halls Ferry Road.

Hernandez

8920 Application

Ordinance authorizing the transfer of Special Use Permit no. 5445 from Baskin –Robbins USA , Co, to DIC 3, LLC d/b/a Baskin Robbins for the operation of a restaurant/ ice cream parlor with a drive through located at 820 N. Hwy 67.

Stinnett

X. COUNCIL ANNOUNCEMENTS XI. MESSAGE FROM THE MAYOR XII. ADJOURNMENT

THIS AGENDA WAS POSTED AT THE FLORISSANT CITY HALL ON MAY 24, 2013 AT 12:00 PM ON THE BULLETIN BOARD OUTSIDE THE COUNCIL CHAMBERS. ANY ONE WISHING TO ATTEND THE COUNCIL MEETING WHO HAS SPECIAL NEEDS SHOULD CONTACT THE CITY CLERK’S OFFICE AT 839-7630 OR TDD 839-5142 BY NOON ON TUESDAY, MAY 28TH, 2013.

CITY OF FLORISSANT 1

2 3

COUNCIL MINUTES 4 5

May 28, 2013 6

7

The Florissant City Council met in regular session at the Florissant City Hall, 8

955 rue St. Francois on Monday, May 28, 2013 at 7:30 p.m. with Council President 9

Keith Schildroth presiding. The Chair asked everyone to stand and join in the Pledge of 10

Allegiance. 11

On Roll Call the following were present: Schildroth, Stinnett, Pagano, Schmidt, 12

Hernandez, Grib, Eagan and Caputa. Councilman Lee was out of town. Also present 13

was Mayor Thomas P. Schneider, City Attorney John Hessel and City Clerk Karen 14

Goodwin. A quorum being present the Chair stated that the Council was in session for 15

the transaction of business. 16

Councilman Grib moved to approve the Meeting Minutes of 5/13/2013, seconded 17

by Hernandez. Motion carried. 18

The next item on the Agenda was a legislative update by Senator Tim Green. He 19

informed the Mayor and Council about state issues regarding term limits, various 20

committees, bills and resolutions that would affect the city of Florissant. 21

The Mayor presented a Certificate of Appreciation to Dennis Lammert on 22

receiving the Governor’s Senior Service Award for volunteering to complete the taxes 23

for seniors. 24

The next item on the Agenda was Hearing from Citizens of which there were 25

none. 26

The next item on the Agenda was Communications. 27

1. Letter dated 5/7/2013 from Hannah Wioluski regarding the “Sweatfree 28

Purchasing” ordinance passed by St. Louis County. 29

2. Letter dated 4/18/2013 from Charter Communications regarding their 30

franchise report. 31

The next item on the Agenda was Public Hearings. 32

City Council Meeting May 28, 2013 Page 2

The City Clerk reported that Public Hearing #13-05-011 to be held this night on 33

a request to authorize an amendment to Special Use Permit No. 7732 to Weaver’s Deli 34

to allow for barbequing on the parking lot in a B-2 Zoning District for the property 35

located at 12761 New Halls Ferry Road had been advertised in substantially the same 36

form as appears in the foregoing publication and by posting the property. The Chair 37

declared the Public Hearing to be open and invited those who wished to be heard to 38

come forward. 39

Thayer Weaver petitioner, appeared before the Council and explained that his 40

deli was originally intended to be a barbeque restaurant, which is his specialty. He 41

added that his request was not approved by the majority of the Planning and Zoning 42

Commission, he explained that the barbeque area would take up one parking spot, the 43

hours of operation would be Thursday-Saturday from 6 a.m. until 10:30 a.m. His 44

restaurant hours are 11:00 a.m. – 9 p.m. and he will not be barbequing during business 45

hours. All the purchases will be done inside the restaurant and no activity on the lot. 46

Mr. Thayer does not use propane gas as they do in many of the commercial cookers. The 47

BQ pit will be located on a 4-sided trailer, will be covered to protect the food and will be 48

parked there only when it is in use. Parking is not of any concern as there is always 49

plenty of parking. He would not be barbequing at the rear of the property which is near 50

a residential area. The landlord gave him a permission letter which he submitted to the 51

Planning and Zoning Commission. 52

Councilman Schmidt asked the City Attorney why Mr. Weaver had to apply for a 53

Special Use Permit to operate a BQ stand when Dierberg’s did not? Mr. Hessel does not 54

recall exactly why, other than it was approved administratively through the B-5 55

Ordinance. 56

Councilman Hernandez expressed his concern regarding this petition and setting 57

a precedent along Lindbergh for any grocery store or restaurant to do this same. 58

The Chair asked if there were any citizens who would like to speak on said 59

public hearing. Being no persons who wished to speak, Councilman Schmidt moved to 60

close P.H. #13-05-011, seconded by Grib. Motion carried. 61

62

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City Council Meeting May 28, 2013 Page 3

64

The City Clerk reported that Public Hearing #13-05-012 to be held this night on 65

a request to authorize a Special Use Permit to The Rice House II to allow for the 66

operation of a sit-down, carry-out restaurant for the property located at 2725 N. 67

Highway 67 had been advertised in substantially the same form as appears in the 68

foregoing publication and by posting the property. The Chair declared the Public 69

Hearing to be open and invited those who wished to be heard to come forward. 70

Kenny Truong, petitioner, appeared before the Council and explained that Rice 71

House II would be his second restaurant in Florissant and had been well received. It will 72

be a larger site than the other location and will have outdoor seating as well as a sit-73

down inside restaurant. Six concrete bollards and wrought iron fencing are included in 74

the site plan to address safety concerns. Alcohol will be served. The hours of operation 75

will be 11 a.m. until 10 p.m. and closed on Sundays. Additional lighting will be 76

installed for parking in the rear. 77

The Chair asked if there were any citizens who would like to speak on said 78

public hearing. Being no persons who wished to speak, Councilman Hernandez moved 79

to close P.H. #13-05-012, seconded by Eagan. Motion carried. 80

Councilman Grib moved to accept the Mayor’s appointment of Timothy Jones, 81

865 Daniel Boone, to the Environmental Quality Commission as a member from Ward 2 82

for a term expiring on 5/28/2016, seconded by Schmidt. Motion Carried. 83

Councilman Eagan moved to accept the Mayor’s appointment of Dwayne 84

Holder, 750 Starlet, to the Traffic Commission as a member from Ward 4 for a term 85

expiring on 5/28/2016, seconded by Schildroth. Motion Carried. 86

Councilman Schildroth moved to reappointment Paul Smith, 1110 St. 87

Bernadette, to the Citizens Participation Committee as a member from Ward 5 for a term 88

expiring on 6/25/2014, seconded by Caputa. Motion Carried. 89

Councilman Hernandez introduced Bill No. 8917 An Ordinance granting a 90

Special Use Permit to Truong Investment, LLC d/b/a The Rice House II to allow for the 91

operation of a sit-down, carry-out restaurant for the property located at 2725 N. Hwy 67 92

and said Bill was read for the first time. Councilman Hernandez moved that Bill No. 93

8917 be read for a second time, seconded by Schildroth. Motion carried and Bill No. 94

City Council Meeting May 28, 2013 Page 4

8917 was read for a second time. Councilman Hernandez moved that Bill No. 8917 be 95

read for a third time, seconded by Pagano. On roll call the Council voted: Caputa yes, 96

Schildroth yes, Stinnett yes, Pagano yes, Schmidt yes, Hernandez yes, Lee absent, Grib 97

yes and Eagan yes. Having received the unanimous vote of all members present Bill 98

No. 8917 was read for the third and final time and placed upon its passage. Before the 99

final vote all interested person were given an opportunity to be heard. On roll call the 100

Council voted: Caputa yes, Schildroth yes, Stinnett yes, Pagano yes, Schmidt yes, 101

Hernandez yes, Lee absent, Grib yes and Eagan yes. The Chair declared Bill No. 8917 102

to have passed and said Bill became Ordinance No. 7971. 103

Councilman Schildroth introduced Bill No. 8918 An Ordinance appropriating the 104

sum of $33,000 from the Park Improvement Fund Reserves of the City of Florissant to 105

Budget Acct. No. 0961 “Capital Additions” for replacement of a light pole at St. 106

Ferdinand Park and said Bill was read for the first time. Councilman Schildroth moved 107

that Bill No. 8918 be read for a second time for the purpose of discussion, seconded by 108

Eagan. Councilman Stinnett asked how much money would be recouped from the 109

insurance company? Also, he asked for clarification on how the funding/ bid process for 110

this project worked. He and Councilman Grib asked why the bid wasn’t received first so 111

that the exact amount of money could have been passed tonight and not just an estimate. 112

The Mayor stated hopefully that bids would come in lower than requested and could be 113

passed at the next meeting. 114

Councilman Stinnett moved to continue Bill 8918 to 6/10/2013, seconded by 115

Grib. Motion carried. 116

The next item on the agenda was Council Announcements of which there were 117

none. 118

The next item on the Agenda was Mayor Announcements. 119

Lou Jearls, Director of Public Works, asked the Mayor to remind residents to cut 120

their grass. 121

On May 21 there was a celebration of the 50th anniversary of the City Charter. 122

The portraits of past mayors will be displayed in the Council Chambers for the first time. 123

A small ceremony was held at the Vietnam Memorial at Koch Park over 124

Memorial Day. On June 15 at City Hall there will be flag retirement ceremony in honor 125

City Council Meeting May 28, 2013 Page 5

of Flag Day. On July 4 there will be the traditional July 4th ceremony, fireworks and 126

concert at the Eagan Center. He announced that one year ago today, Officer Michael 127

Vernon was shot. 128

Keith Schildroth moved to go into closed executive session to confer with the 129

City Attorney regarding real estate, seconded by Caputa. Motion carried. On roll call 130

the Council voted: Caputa yes, Schildroth yes, Stinnett yes, Pagano yes, Schmidt yes, 131

Hernandez yes, Lee absent, Grib yes and Eagan yes. 132

Councilman Schmidt moved to adjourn the meeting, seconded by Stinnett. 133

Motion carried. The meeting was adjourned at 8:53 p.m. 134

135

136

137

138

Karen Goodwin, City Clerk 139 The following Bills were signed by the Mayor: 140 141 Bill No. 8917 Ord. No. 7971 142

143 144

CITY OF FLORISSANT CITY COUNCIL

OPEN EXECUTIVE SESSION May 28, 2013

The City Council of the City of Florissant met in open Regular Session on Tuesday, May

28, 2013 at 7:30 pm. in the Council Chambers at 955 rue St. Francois, with President Schildroth

presiding. On Roll Call the following Council members were present: Schildroth, Pagano, Grib,

Stinnett, Schmidt, Eagan, Caputa and Hernandez. Lee was out of town. Also present were

Mayor Thomas Schneider, City Clerk Karen Goodwin and City Attorney John Hessel.

Councilman Schildroth moved to call for a closed meeting immediately following the

adjournment of the regular meeting to confer with the City Attorney regarding real estate issues

pursuant to Section 610.021 of the Revised Statutes of Missouri, seconded by Caputa. On roll

the Council voted: Schildroth yes, Pagano yes, Stinnett yes, Eagan yes, Grib yes, Hernandez

yes, Caputa yes, Lee absent and Schmidt yes. Motion carried. The Council proceeded into the

Council Conference room at 8:53 pm immediately following the adjournment of the Regular

Session.

Council conferred with the City Attorney regarding real estate issues.

Councilman Hernandez moved to open the closed executive session, seconded by

Schmidt. On roll call the Council voted: Schildroth yes, Pagano yes, Stinnett yes, Eagan yes,

Grib yes, Hernandez yes, Lee absent, Caputa yes and Schmidt yes. Motion carried.

The City Council opened the meeting at 9:50 p.m.

There being no further business to discuss Councilman Hernandez motioned to adjourn,

seconded by Schmidt. Motion carried and the meeting adjourned at 9:05 pm.

___________________________________ Karen Goodwin

City Clerk

2013 Beautiful Home Award Winners

Ward 1 Owners Name 1350 Jackson Frances Stromberg Ward 2 767 Loekes Ron Porter Ward 3 6 Elwood Michael & Judith Cole Ward 4 2220 Patterson Lanny & Maralee VanBuskirk Ward 5 203 N. Castello Mike & Sherri Pedroli Ward 6 1316 St. Louis Brian & Rachel Gettemeier Ward 7 510 Aubuchon Brett Moeller Ward 8 2270 Birchview David & Cynthia Steinbruegge Ward 9 1650 Saddlespur Beth & Ben Bozicevic

MAYOR’S Choice

Ward 6 10 Elm Dave & Patricia Kaercher

2013 Beautiful Home Awards

Presented by the Citizens Participation Committee

1350 Jackson Frances Stromberg

Ward 1

767 Loekes Ron Porter

Ward 2

6 Elmwood Michael & Judith Cole

Ward 3

2220 Patterson Lanny & Maralee VanBuskirk

Ward 4

203 N. Castello Mike & Sherri Pedroli

Ward 5

1316 St. Louis Brian & Rachel Gettemeier

Ward 6

510 Aubuchon Brett Moeller

Ward 7

2270 Birchview David & Cynthia Steinbruegge

Ward 8

1650 Saddlespur Beth & Ben Bozicevic

Ward 9

10 Elm Dave & Patricia Kaercher

Mayor’s Choice Award

Congratulations to All of the

Beautiful Home Award Winners!

Thank You for your dedication

and hard work!

INTRODUCED BY COUNCILMAN SCHILDROTH 1 MAY 28, 2013 2 3 BILL NO. 8918 ORDINANCE NO. 4 5

AN ORDINANCE APPROPRIATING THE SUM OF $33,000 FROM 6 THE PARK IMPROVEMENT FUND RESERVES OF THE CITY 7 OF FLORISSANT TO BUDGET ACCOUNT NO. 0961 “CAPITAL 8 ADDITIONS” FOR REPLACEMENT OF A LIGHT POLE AT ST. 9 FERDINAND PARK. 10

11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FLORISSANT, ST. LOUIS 12 COUNTY, MISSOURI, AS FOLLOWS: 13 14 Section 1: There is hereby appropriated and set apart from the Park Improvement Fund 15

of the City of Florissant the sum of an amount not to exceed $33,000 to Budget Account No. 16

0961 “Capital Additions” to provide for a replacement ball field light pole at St. Ferdinand Park. 17

Section 2: This ordinance shall become in force and effect immediately upon its 18

passage and approval. 19

20 21 Adopted this _____ day of _______________, 2013. 22 23 24 ____________________________________ 25 Keith Schildroth 26

President of the Council 27 City of Florissant 28 29 30 Approved this _____ day of ________________, 2013. 31 32 33 ____________________________________ 34 Thomas P. Schneider 35

Mayor, City of Florissant 36 37 38 ATTEST: 39 40 ____________________________ 41 Karen Goodwin-Raftery, MMCA/MRCC 42 City Clerk 43

1

INTRODUCED BY COUNCILMAN HERNANDEZ 1 June 10, 2013 2 3 BILL NO. 8919 ORDINANCE NO. 4 5

AN ORDINANCE AMENDING SPECIAL USE PERMIT #7732 6 HERETOFORE GRANTED TO WEAVERS DELI FOR THE 7 OPERATION OF A CARRY-OUT RESTAURANT LOCATED AT 12761 8 NEW HALLS FERRY ROAD TO ALLOW FOR BARBEQUING ON THE 9 PARKING LOT. 10 11

WHEREAS, the Florissant Zoning Ordinance authorizes the City Council of the City of 12

Florissant, by Special Use Permit, after public hearing thereon, to permit the location and 13

operation of a restaurant; and 14

WHEREAS, the Florissant City Council has heretofore granted a Special Use Permit to 15

Thayer Weaver d/b/a Weaver’s Deli for the location and operation of a carry-out restaurant on 16

the property described in Ordinance No. 7732; and 17

WHEREAS, an application has been filed by Thayer Weaver for an amendment to the 18

said Special Use Permit heretofore granted under Ordinance No. 7732 to authorize the addition 19

of certain conditions; and 20

WHEREAS, the Planning and Zoning Commission of the City of Florissant at their 21

meeting of May 6th, 2013 has recommended denial of an amendment to said Special Use Permit.; 22

and 23

WHEREAS, due notice of public hearing no. 13-05-011 on said application to be held on 24

the 28th of May, 2013 at 7:30 P.M. by the Council of the City of Florissant was duly published, 25

held and concluded; and 26

WHEREAS, the Council, following said public hearing, and after due and careful 27

consideration, has concluded that the granting of an amendment to the Special Use Permit 28

authorized by Ordinance No. 7732, as hereinafter provided would be in the best interest of the 29

City of Florissant. 30

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: 32 33 Section 1: The Special Use Permit heretofore granted to Thayer Weaver d/b/a Weavers 34

Deli under Ordinance No. 7732 is hereby amended to allow for barbequing on the parking lot 35

with the following stipulations: 36

1. Hours of Barbequing on the parking lot are from 6 am to 10 am. 37

BILL. NO. ORDINANCE NO.

2. Restaurant hours remain 11 am to 9 pm. 38

3. No Barbequing will be done during business hours. 39

4. No barbeque product will be sold from the parking lot 40

5. Barbeque pit must be placed on a trailer with sides to protect the public 41

from the hot surfaces. 42

43 Section 2: Said Special Permit shall be conditioned on and shall remain in full force and 44

effect so long as the conditions set out in Ordinance . 7732, as now amended, are adhered to. 45

Section 3: This ordinance shall become in force and effect immediately upon its passage 46

and approval. 47

48 Adopted this ____day of _____ , 2013. 49 50 51 ______________________________ 52 Keith Schildroth 53

President of the Council 54 City of Florissant 55 56 57 Approved this ____ day of _______ , 2013. 58 59 60 _______________________________ 61

Thomas P. Schneider 62 Mayor, City of Florissant 63

64 ATTEST: 65 66 67 ____________________________ 68 Karen Goodwin, MMC/MRCC 69 City Clerk 70

CITY OF FLORISSANT PUBLIC HEARING NOTICE

In accordance with 405.310 of the Florissant Zoning

Code a Public Hearing will be held by the City Council of

Florissant, Mo. in Council Chambers, 955 rue St. Francois on

Tuesday, May 28, 2013 at 7:30 P.M. on the following

proposition:

To authorize an amendment to Special Use Permit No.

#7732 to Weaver’s Deli to allow for barbequing on the

parking lot in a B-2 Zoning District for the property located

at 12761 New Halls Ferry Road (legal description to govern).

Citizens will have an opportunity to be heard. Anyone with

special needs should contact the City Clerk at least 5 days

before said public hearing by calling 839-7630 or TDD 839-

5142.

CITY OF FLORISSANT, Karen Goodwin, City Clerk.

INTRODUCED BY COUNCIL STINNETT 1 JUNE 10, 2013 2 3 BILL NO. 8920 ORDINANCE NO. 4 5 6

AN ORDINANCE TRANSFERRING SPECIAL USE PERMIT NO. 5445 7 FROM BASKIN ROBBINS USA. CO TO DIC 3, LLC D/B/A BASKIN 8 ROBBINS FOR THE LOCATION AND OPERATION OF A 9 RESTAURANT/ICE CREAM PARLOR WITH A DRIVE THROUGH 10 LOCATED AT 820 N. HWY 67. 11

12 WHEREAS, the Florissant Zoning Ordinance authorizes the Council of the City of 13

Florissant, by Special Use Permit, after public hearing thereon, to permit the location and 14

operation of a restaurant; and 15

WHEREAS, pursuant to Ordinance No. 5445, Baskin Robbins USA, CO was granted a 16

Special Use Permit for the location and operation of a restaurant /ice cream parlor on the 17

property known as 820 N. Hwy 67; and 18

WHEREAS, an application has been filed by DIC 3, LLC d/b/a Baskin Robbins to 19

transfer the Special Use Permit authorized by Ordinance No. 5445 as amended to its name; and 20

WHEREAS, the City Council of the City of Florissant determined at its meeting on June 21

10, 2013 that the business operated under Ordinance No. 5445 as amended would be operated 22

in a substantially identical fashion as set out herein; and 23

WHEREAS, DIC 3, LLC has accepted the terms and conditions set out in Ordinance 24

No. 5445. 25

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: 27 28 Section 1: The Special Use Permit authorized by Ordinance No. 5445 is hereby 29

transferred from Baskin Robbins USA, CO to DIC 3, LLC d/b/a Baskin Robbins for a 30

restaurant/icecream parlor located at 820 N. Hwy 67. 31

Section 2: The Special Use Permit herein authorized shall terminate if the restaurant 32

ceases operation for a period of more than one hundred eighty days (180) days or when the 33

named permittee ceases to be the owner and operator of the said restaurant operation. 34

Section 3: This ordinance shall become in force and effect immediately upon its 35

passage and approval. 36

37

BILL NO. ORDINANCE. NO.

38

Adopted this _____ day of ____________, 2013. 39 40 41 ___________________________ 42 Keith Schildroth 43

President of the Council 44 City of Florissant 45 46

Approved this _____ day of ____________, 2013. 47 48 49 ___________________________ 50 Thomas P. Schneider 51

Mayor, City of Florissant 52 53 ATTEST: 54 55 _______________________________ 56 Karen Goodwin, MMC/MRCC 57 City Clerk 58