FLORISSANT CITY COUNCIL AGENDA
City Hall
955 rue St. Francois
Monday, March 26, 2018
7:30 PM
Karen Goodwin, MMC/MRCC
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL OF MEMBERS
III. APPROVAL OF MINUTES
• Meeting minutes and Executive Meeting Minutes of March 12, 2018 th • Executive meeting minutes of March 14 , 2018
IV. POLICE COMMENDATIONS
Citizen Commendations
• Cody Davis • Matthew Miller
• Joel Hon
Police Commendations
• Officer Kerckhoff, Officer Kiefer, Detective Monahan and Detective Bussen • Officer Swope, Officer Brockmeier and Officer Fletcher • Officer Cushing • Officer Summers • Detective Osmer and Detective Edwards • Sergeant Coder, Officer Bathon and Officer Kerckhoff
V. HEARING FROM CITIZENS
(Speaker cards are available at the entrance to the Council Chambers)
VI. COMMUNICATIONS
Page 1 of 3 Packet Page 1 of 101 VII. PUBLIC HEARINGS
18-03-010 Request to amend the Zoning Code to allow for cigar bars as a Staff Application Special Use in the “HB” Historic Business District. (Planning and Staff Rpt Zoning recommended approval on 2/20/18) (Postponed to this date on 3/26/18)
18-03-013 Request to authorize a Special Use Permit to Tire Zone, LLC for the Taer Alhejoj (Ward 9) operation of a tire installation and tire repair ship for the property Application located at 1940 N. Highway 67. (Planning and Zoning Commission Staff Rpt recommended approval on 3/5/18) Plans
VIII. OLD BUSINESS
A. SECOND READINGS
9370 Ordinance to authorize a Special Use Permit to Flower Valley 2nd Reading Group, LLC d/b/a Privilege Lounge to allow for the operation of a Siam cocktail lounge located at 129 Flower Valley Shopping Center.
9371 Ordinance authorizing an amendment to the zoning code to allow for 2nd Reading “Adult Day Care” as a Special Use in all “B” Zoning Districts. Pagano
IX. NEW BUSINESS
A. BOARD APPOINTMENTS
B. REQUESTS
Ward 8 Request for a transfer of Special Use Permit no. 7940 from Toast Martez Application Time Lounge LLC to Toast It Up LLC d/b/a Toast Time Sports Bar Stephenson for the operation of a cocktail lounge located at 12781New Halls Ferry Road.
Ward 8 Request to authorize a Full Liquor by the Drink license to Toast It Martez Application UP LLC d/b/a Toast Time Sports Bar located at 12781 New Halls Stephenson Ferry Road.
C. BILLS FOR FIRST READING
Page 2 of 3 Packet Page 2 of 101
9373 Ordinance to authorize a Special Use Permit to Tire Zone, LLC for Siam the operation of a tire installation and tire repair shop for the property located at 1940 N. Highway 67.
9374 Ordinance to authorize a transfer of Special Use Permit no. 7940 Parson from Toast Time Lounge LLC to Toast It Up LLC d/b/a Toast Time Sports Bar for the operation of a cocktail lounge located at 12781 New Halls Ferry Road.
9375 Ordinance to authorize an appropriation of $5000 from the General Pagano Revenue Fund to Account no. 4050 “Professional Services” for a contract for speaker Jason Roberts of Better Block.
9376 Ordinance to amend account no. 01-4-34514 “Insurance Account” in Pagano the amount of $26,474 and appropriate the same amount to account no. 4961000 for the replacement of a police vehicle.
9377 Ordinance authorizing an amendment to the zoning code to allow for Henke “Cigar Bar” as a special use in the HB “Historic Business” zoning district.
9378 Ordinance amending Title II of the Florissant code of ordinances by Henke adding a new chapter 250 “Indoor Clean Air Code”
X. COUNCIL ANNOUNCEMENTS
XI. MESSAGE FROM THE MAYOR
XII. ADJOURNMENT
THIS AGENDA WAS POSTED AT THE FLORISSANT CITY HALL MARCH 23, 2018 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 MONDAY, MARCH 26, 2018.
Page 3 of 3 Packet Page 3 of 101
1 CITY OF FLORISSANT
2 3 4 5 COUNCIL MINUTES 6 7 March 12, 2018 8 9 The Florissant City Council met in regular session at Florissant City Hall, 955 rue St. Francois 10 on Monday, March 12, 2018 at 7:30 p.m. with Council President Pagano presiding. The Chair asked 11 everyone in attendance to stand and join in reciting the Pledge of Allegiance. 12 On Roll Call the following Councilmembers were present: Henke, Pagano, Parson, Siam, 13 Jones, Caputa and Schildroth. Councilmen Lee and Eagan were excused. Also present was City 14 Attorney John Hessel and Deputy City Clerk Anita Moore. A quorum being present the Chair stated 15 that the Council Meeting was in session for the transaction of business. 16 Councilman Caputa asked for a moment of silence honoring the passing of Keith English, 17 former Ward 4 Councilman. 18 Councilman Parson moved to approve the Executive and Meeting Minutes of February 26, 19 2018, seconded by Henke. Motion carried. 20 The Chair stated the next item on the agenda was Hearing from Citizens. 21 Kevin O’Donnell, 512 Rancho Lane, expressed his view regarding the City’s lack of 22 acknowledgment of the passing of former Florissant Councilman Keith English. Council President 23 Pagano responded that the city has, in fact, responded to the passing of Mr. English and has reached out 24 to his family. 25 Diane Livingston, 855 Lilac, expressed her views regarding the lack of ability to play lacrosse 26 in Florissant/Hazelwood Parks for North County lacrosse teams. 27 The next item on the Agenda was Communications of which there were none. 28 The next item on the Agenda was Public Hearings. 29 The City Clerk reported that Public Hearing #18-03-010 to be held this night on a Request to 30 amend the Zoning Code to allow for cigar bars as a Special Use in the “HB” Historic Business District 31 had been advertised in substantially the same form as appears in the foregoing publication and by
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32 posting the same. The Chair declared the Public Hearing to be open and invited those who wished to 33 be heard to come forward. 34 Anthony Bowlson, petitioner, stated that he was simply in attendance to ask the Council to 35 allow cigar bars in the Historic District. 36 The City Attorney explained that St. Louis County adopted the Clean Air Act (CAA) in 2010 37 which allows St. Louis County to come into any city in the county, including Florissant, and enforce 38 their CAA because it affects public safety. Florissant can adopt its own clean act, but the city law 39 cannot be less restrictive than county’s. Mr. Hessel stated that in 2012, St. Louis Co. revised their 40 CAA and stated that those cigar bars that existed prior to 2012 were exempt. New cigar bars are not 41 allowed. Mr. Hessel talked to several County Councilpersons and to Michelle Bogan with county’s 42 Liquor Licensing Office. Florissant cannot prevent St. Louis County from enforcing their Clean Air 43 Act. 44 Mr. Bowlson stated that since 2012, approximately 20 cigar bars have opened across St. Louis 45 Co., including Ferguson, Sunset Hills, Creve Coeur and Chesterfield. Mr. Lum had a list of the Cigar 46 Bars operating in St. Louis Co. and he will pass along a copy to the Council. Mr. Bowlson added that 47 he and his partner had been encouraged to proceed with their plans and that the zoning code could be 48 changed to allow cigar bars. For this reason, he moved forward with his business. Although they 49 currently have a special use permit to operate a cocktail lounge, they did not move to Florissant to open 50 a bar. He and his partner want a cigar bar business. Mr. Hessel informed Mr. Bowlson that he would 51 contact the County Counselor’s Office and the City Attorney of Ferguson to hopefully help straighten 52 this situation out. 53 The Chair asked if there were any citizens who would like to speak on said public hearing. 54 Being no citizens who wished to speak, Councilman Henke moved to postpone P.H. #18-03-010 to 55 3/26/18, seconded by Schildroth. Motion carried. 56 The City Clerk reported that Public Hearing #18-03-011 to be held this night on a Request to 57 authorize a Special Use Permit to Flower Valley Group, LLC, d/b/a Privilege Lounge to allow for the 58 operation of a cocktail lounge located at 129 Flower Valley Shopping Center to allow had been 59 advertised in substantially the same form as appears in the foregoing publication and by posting the 60 property. The Chair declared the Public Hearing to be open and invited those who wished to be heard 61 to come forward.
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62 Diane McNutt, petitioner, stated she would like to open a cocktail lounge and added that there 63 would be music. She stated that there would be a DJ and maybe a small band, with music targeted 64 towards older residents. No food will be served and the doors will be shut when music is playing. 65 The Chair asked if there were any citizens who would like to speak on said public hearing. 66 Being no citizens who wished to speak, Councilman Siam moved to close P.H. #18-03-011, seconded 67 by Parson. Motion carried. 68 The City Clerk reported that Public Hearing #18-03-012 to be held this night on a Request to 69 amend the Zoning Code to allow for Adult Day Cares as a Special Use in all “B” Zoning Districts had 70 been advertised in substantially the same form as appears in the foregoing publication and by posting 71 the same. The Chair declared the Public Hearing to be open and invited those who wished to be heard 72 to come forward. 73 Vernita Lewis, petitioner, stated that she would like adult day cares to be open in all “B” Zoning 74 Districts, which is what the Planning & Zoning Commission has recommended. Mr. Lum stated that 75 Ms. Lewis had found an appropriate location to open an adult day care, but the zoning did not allow for 76 it. The P & Z Commission decided that adult day cares should be allowed in all “B” districts with a 77 special use permit. 78 The Chair asked if there were any citizens who would like to speak on said public hearing. 79 Being no citizens who wished to speak, Councilman Caputa moved to close P.H. #18-03-012, seconded 80 by Jones. Motion carried. 81 Councilman Schildroth moved to accept Substitute Bill No. 9339 An Ordinance authorizing an 82 amendment to B-5 Ordinance No. 6836 to allow for an addition of the Siteman Cancer Center and 83 parking in an existing B-5 Zoning District located at 1225 Graham Road, seconded by Pagano. Motion 84 carried. Councilman Schildroth moved to suspend the rules to hear from the petitioner, seconded by 85 Pagano. Motion carried. 86 Greg Bratcher and Nancy Coleman, BJC, stated that they had been informed that there was a $7 87 million overage on this project. That being said, Mr. Bratcher stressed that BJC was committed to 88 Florissant and they want to provide an excellent health care center that Florissant can be proud of. As 89 a result, three basic changes have been made to the original plan in order to reduce cost. 90 Ms. Coleman informed the Council of the following architectural changes: 91 1) Plantings/trees have been moved from around the building and relocated to the borders 92 surrounding neighboring properties. They will keep the existing plantings on Graham Rd.
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93 2) A skylight will be removed from the project and a screen wall will be used to hide the 94 HVAC equipment. 95 3) Since the future expansion area is located at the rear of the building, they would like to use a 96 spray EIFS material instead of using the thin brick. This change will not be seen from the road. A 97 sample of the EIFS was shown to the Council. This product will match the existing brick and make 98 expansion easier in the future. The front of the building will remained unchanged. 99 On the motion to accept the substitute Bill, Motion carried. 100 Councilman Schildroth moved that Substitute Bill No. 9339 be read for a second time, seconded 101 by Pagano. Motion carried and Substitute Bill No. 9339 was read for a second time. Councilman 102 Schildroth moved that Substitute Bill No. 9339 be read for a third time, seconded by Pagano. Motion 103 carried and Substitute Bill No. 9339 was read for a third and final time and placed upon its passage. 104 Before the final vote all interested persons were given an opportunity to be heard. On roll call 105 the Council voted: Henke yes, Pagano yes, Parson yes, Siam yes, Lee absent, Jones yes, Eagan absent, 106 Caputa yes and Schildroth yes, Whereupon the Chair declared Substitute Bill No. 9339 to have passed 107 and said Bill became Ordinance No. 8392. 108 Councilman Siam moved that Bill No. 9363 An Ordinance authorizing 32 hours of paid 109 administrative leave per year for unclassified be read for a second time, seconded by Parson. Motion 110 carried and Bill No. 9363 was read for a second time. Councilman Henke moved that Bill No. 9363 be 111 read for a third time, seconded by Jones. Motion carried and Bill No. 9363 was read for a third and 112 final time and placed upon its passage. Before the final vote all interested persons were given an 113 opportunity to be heard. On roll call the Council voted: Henke yes, Pagano yes, Parson yes, Siam yes, 114 Lee absent, Jones yes, Eagan absent, Caputa yes and Schildroth yes. Whereupon the Chair declared 115 Bill No. 9363 to have passed and said Bill became Ordinance No. 8393. 116 Councilman Schildroth moved to accept Substitute Bill No. 9364 An Ordinance authorizing a 117 Special Use Permit to Sipp, LLC to allow for the operation of a cocktail lounge for the property located 118 at 1833 Dunn Rd., seconded by Henke. Motion carried. Councilman Schildroth moved that Substitute 119 Bill No. 9364 be read for a second time, seconded by Henke. Motion carried and Substitute Bill No. 120 9364 was read for a second time. Councilwoman Pagano moved that Substitute Bill No. 9364 be read 121 for a third time, seconded by Henke. Motion carried and Substitute Bill No. 9364 was read for a third 122 and final time and placed upon its passage. Before the final vote all interested persons were given an 123 opportunity to be heard. On roll call the Council voted: Henke yes, Pagano yes, Parson yes, Siam yes,
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124 Lee absent, Jones yes, Eagan absent, Caputa yes and Schildroth yes. Whereupon the Chair declared 125 Substitute Bill No. 9364 to have passed and said Bill became Ordinance No. 8394. 126 Councilman Jones moved that Bill No. 9365 An Ordinance authorizing a Special Use Permit to 127 MBR Management Corp. d/b/a Domino’s Pizza to allow for the operation of a carry-out restaurant with 128 a pick-up window for the property located at 8428 N. Lindbergh be read for a second time, seconded by 129 Caputa. Motion carried and Bill No. 9365 was read for a second time. Councilman Caputa moved that 130 Bill No. 9365 be read for a third time, seconded by Schildroth. Motion carried and Bill No. 9365 was 131 read for a third and final time and placed upon its passage. Before the final vote all interested persons 132 were given an opportunity to be heard. On roll call the Council voted: Henke yes, Pagano yes, Parson 133 yes, Siam yes, Lee absent, Jones yes, Eagan absent, Caputa yes and Schildroth yes. Whereupon the 134 Chair declared Bill No. 9365 to have passed and said Bill became Ordinance No. 8395. 135 Councilman Schildroth moved that Bill No. 9366 An Ordinance to rezone the property located 136 at 180 Dunn Road from B-3 “Extensive Business District” to establish a new Historic District the “John 137 B. Meyers House Historic District” be read for a second time, seconded by Parson. Motion carried and 138 Bill No. 9366 was read for a second time. Councilman Schildroth moved that Bill No. 9366 be read for 139 a third time, seconded by Henke. Motion carried and Bill No. 9366 was read for a third and final time 140 and placed upon its passage. Before the final vote all interested persons were given an opportunity to 141 be heard. On roll call the Council voted: Henke yes, Pagano yes, Parson yes, Siam yes, Lee absent, 142 Jones yes, Eagan absent, Caputa yes and Schildroth yes. Whereupon the Chair declared Bill No. 9366 143 to have passed and said Bill became Ordinance No. 8396. 144 The next item on the Agenda was Board Appointments. 145 Councilman Schildroth moved to reappoint Walt Kaiser, 105 N St. Charles, to the Parks and 146 Recreation Advisory Board as a member from Ward 5 for a term expiring on 3/26/2021, seconded by 147 Pagano. Motion carried. 148 Councilman Schildroth moved to reappoint Chris Keil, 110 St. Pierre, to the Citizens 149 Participation Committee as a member from Ward 5 for a term expiring on 3/22/2019, seconded by 150 Jones. Motion carried. 151 Councilman Caputa moved to reappoint Jean Noltkamper, 545 Versailles, to the Minimum 152 Standard Board of Appeals as a member from Ward 4 for a term expiring on 2/27/2021, seconded by 153 Jones. Motion carried.
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154 Council as a Whole introduced Resolution No. 1001 A Resolution of the Florissant City 155 Council and Mayor supporting the PowerPlex Sport Complex proposed development at the St. Louis 156 Outlet Center and said resolution was read for the first time. Councilman Caputa moved that 157 Resolution No. 1001 be read for a second time, seconded by Schildroth. Motion carried and 158 Resolution No. 1001 was read for a second time. Councilman Caputa moved that Resolution No. 1001 159 be read for a third time, seconded by Schildroth. On roll call the Council voted: Henke yes, Pagano 160 yes, Parson yes, Siam yes, Lee absent, Jones yes, Eagan absent, Caputa yes and Schildroth yes. 161 Having received the unanimous vote of all members Resolution No. 1001 was read for a third and 162 final time and placed upon its passage. 163 Before the final vote all interested persons were given an opportunity to be heard. On roll call 164 the Council voted: Henke yes, Pagano yes, Parson yes, Siam yes, Lee absent, Jones yes, Eagan 165 absent, Caputa yes and Schildroth yes. Whereupon the Chair declared Resolution No. 1001 to have 166 been adopted. 167 Councilman Siam moved that Bill No. 9370 An Ordinance to authorize a Special Use Permit to 168 Flower Valley Group, LLC d/b/a Privilege Lounge to allow for the operation of a cocktail lounge 169 located at 129 Flower Valley Shopping Center and said bill was read for the first time by title only. 170 Councilman Siam moved that Bill No. 9371 An Ordinance to authorize an amendment to the 171 Zoning Code, Section 405.115 to allow for “Adult Day Care” as a Special Use in all ‘B’ Zoning 172 Districts and said bill was read for the first time by title only. 173 Councilwoman Pagano introduced Bill No. 9372 An Ordinance amending the General Fund 174 Budget to reflect $79,000 from Asset Forfeiture funds in escrow to Forfeiture Revenue Acct. No. 01- 175 4-34511 and to the Forfeiture Expenditure Acct. No 01-5-49-61000 for various police department 176 equipment expenditures and said Bill was read for the first time. Councilwoman Pagano moved that 177 Bill No. 9372 be read for a second time, seconded by Schildroth. Motion carried and said Bill was 178 read for a second time. Councilman Henke moved that Bill No. 9372 be read for a third time, 179 seconded by Schildroth. On roll call the Council voted: Henke yes, Pagano yes, Parson yes, Siam yes, 180 Lee absent, Jones yes, Eagan absent, Caputa yes and Schildroth yes. Having received the unanimous 181 vote of all members Bill No. 9372 was read for a third and final time and placed upon its passage. 182 Before the final vote all interested persons were given an opportunity to be heard. On roll call 183 the Council voted: Henke yes, Pagano yes, Parson yes, Siam yes, Lee absent, Jones yes, Eagan absent,
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184 Caputa yes and Schildroth yes. Whereupon the Chair declared Bill No. 9372 to have passed and said 185 Bill became Ordinance No. 8397. 186 The next item on the Agenda was Council Announcements. 187 Councilman Schildroth congratulated Nathan and Christine Bennett, Hendels Café, on being 188 featured in St. Louis Magazine. 189 Councilman Caputa reminded residents to keep their firearms secure and not to leave them in 190 their vehicles. Ward 4 will be hosting a Neighborhood Watch Program meeting on March 28 in 191 Council Chambers. He congratulated Jana Elementary on recently being honored as an “exemplary 192 school” of which there were only 20 schools across the state receiving the award. 193 Councilman Jones encouraged everyone to donate and volunteer at T.E.A.M. located on rue St. 194 Catherine. He added that Shackelford Rd. was nearing construction completion. 195 Mayor Schneider stated he recently went to a leadership open house at McNair School and he 196 was very impressed with the students. Also, he announced that the city was looking for summer help 197 for the city’s playground camps, pool cashiers, and life guards. 198 The Seniors will be celebrating St. Patrick’s Day at the Eagan Center from 10-2. He wished 199 Happy 76th Birthday to the Navy See Bee’s. On March 24 there will be the annual “Easter Egg Hunt.” 200 March 23rd will be the Underwater Egg Hunt at the JJE Pool. On March 28th there will be Easter Egg 201 decorating contest. Spring Break Camp will be held from March 19-23. 202 The Council President announced that the next regular City Council Meeting was scheduled for 203 Monday, March 26, 2018 at 7:30 pm. 204 Councilman Henke moved to adjourn the meeting, seconded by Parson. Motion carried. The 205 meeting was adjourned at 9:02 p.m. 206 207 208 Anita Moore, Deputy City Clerk 209 The following Bills were signed by the Mayor: 210 SBill No. 9339 Ord. 8392 211 Bill No. 9363 Ord. 8393 212 SBill No. 9364 Ord. 8394 213 Bill No. 9365 Ord. 8395 214 Bill No. 9366 Ord. 8396 215 Bill No. 9372 Ord. 8397 216 217 Packet Page 10 of 101
CITY OF FLORISSANT CITY COUNCIL OPEN EXECUTIVE SESSION March 12, 2018
The City Council of the City of Florissant met in open Executive Session on Monday, March 12, 2018 at 6:30 pm. in the Council Conference Room at 955 rue St. Francois, with President Pagano presiding. On Roll Call the following Council members were present: Parson, Henke, Schildroth, Eagan, Pagano, Caputa, Jones and Siam. Lee was excused. Also present was Mayor Thomas Schneider, Deputy City Clerk Anita Moore, and City Attorney John Hessel. Councilman Henke moved to call for a closed meeting to discuss personnel issues pursuant to Section 610.021(3) of the Revised Statutes of Missouri, seconded by Eagan. On Roll Call the Council voted: Parson yes, Henke yes, Schildroth yes, Eagan yes, Pagano yes, Caputa yes, Jones yes, Siam yes and Lee absent. Motion carried. The Council discussed personnel issues with the City Attorney. Councilman Henke moved to open the closed executive session, seconded by Schildroth. On roll call the Council voted: Parson yes, Henke yes, Schildroth yes, Eagan absent, Pagano yes, Caputa yes, Jones yes, Siam yes and Lee absent. Motion carried. There being no further business to discuss, Councilman Henke motioned to adjourn, seconded by Jones. Motion carried and the meeting adjourned at 6:30 pm.
______Anita Moore Deputy City Clerk
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CITY OF FLORISSANT CITY COUNCIL OPEN EXECUTIVE SESSION March 14, 2018
The City Council of the City of Florissant met in open Executive Session on Wednesday, March 14, 2018 at 6:00 pm. in the Council Conference Room at 955 rue St. Francois, with President Pagano presiding. On Roll Call the following Council members were present: Parson, Henke, Schildroth, Eagan, Pagano, Caputa, Jones and Siam. Lee was excused. Also present were Mayor Thomas Schneider, Deputy City Clerk Anita Moore, Sonya Brooks-White and Acting City Attorney Curt Calloway. Councilman Henke moved to call for a closed meeting to discuss personnel issues pursuant to Section 610.021(1)(3) of the Revised Statutes of Missouri, seconded by Eagan. On Roll Call the Council voted: Parson yes, Henke yes, Schildroth yes, Eagan yes, Pagano yes, Caputa yes, Jones yes, Siam yes and Lee absent. Motion carried. The Council discussed personnel issues with the Acting City Attorney. Councilman Henke moved to open the closed executive session, seconded by Schildroth. On roll call the Council voted: Parson yes, Henke yes, Schildroth yes, Eagan absent, Pagano yes, Caputa yes, Jones yes, Siam yes and Lee absent. Motion carried. There being no further business to discuss, Councilman Henke motioned to adjourn, seconded by Jones. Motion carried and the meeting adjourned at 8:55 pm.
______Anita Moore Deputy City Clerk
Packet Page 12 of 101 Cody Davis
On March 3rd, 2018 Mr. Davis was in the process of towing a vehicle from Interstate 270 near Washington when he observed a two car crash in the eastbound lanes. Mr. Davis immediately notified Officer Kerckhoff of the accident and raced across the westbound lanes of the highway jumped over the center- divider to reach the vehicles which were on fire. Once Mr. Davis reached the vehicles he found that the male driver was severely injured and trapped in his burning vehicle. Mr. Davis was able to free him and then pull him from the burning vehicle to safety. Because of your quick actions and disregarding your own safety you saved the life of someone trapped in a burning vehicle. The Florissant Police Department would like to officially commend his heroic actions.
Matthew Miller
On March 3rd, 2018 Mr. Miller was driving on Interstate 270 near Washington when he observed a tow truck driver attempting to extricate a driver from a burning vehicle. Without hesitation Mr. Miller stopped his vehicle and ran to aid in the rescue of a driver trapped in the burning vehicle. Mr. Miller then began to render assistance to the driver of the burning vehicle until he was transported to the hospital. Because of his quick actions and disregarding his own personal safety he saved the life of someone trapped in a burning vehicle. The Florissant Police Department would like to officially commend his heroic actions.
Packet Page 13 of 101 Mr. Joel Hon
On February 7, 2018 the Florissant Police Department responded to the Show Me’s Restaurant regarding an active shooter. When the officers arrived they discovered that the one victim was critically wounded and the other had a bullet wound in the arm. The assailant was disarmed but still on the premises. As the investigation continued it was determined that Mr. Hon had stopped the shooter from doing further harm and that he had talked the suspect into putting down his weapon. Mr. Hon was able to get the suspect to move to another part of the establishment where he talked to him calmly. Because of his quick actions and disregarding his own safety Mr. Hon assisted in preventing further harm to those present. Mr. Hon was then able to convince the suspect to await the arrival of our officers. The Florissant Police Department would like to officially commend your heroic actions in diffusing the situation and assisting in the arrest of the suspect.
Officer Kerckhoff, Officer Kiefer, Detective Monahan and Detective Bussen
On February 7, 2018 Officers Kerckhoff and Kiefer and Detectives Monahan and Bussen responded to an active shooter call at the Show Me’s Restaurant. Upon their arrival disregarding their own personal safety they entered the restaurant knowing the suspect was still inside. Officers Kerckhoff and Kiefer began life saving techniques on the two victims. Detectives Monahan and Bussen were able to locate the shooter and take him into custody without incident. Subsequently, the firearm used in the crime was located and secured by these investigators. Due to these officers and detectives professional and courageous performance of duty the suspect was arrested and warrants were later issued by the Prosecuting Attorney’s Office for Second Degree Murder and Armed Criminal Action. They are hereby officially commended.
Packet Page 14 of 101 Officer Swope, Officer Brockmeier and Officer Fletcher
On January 3, 2018 while on patrol and conducting investigations for felony warrants Officer Brockmeier and Officer Fletcher discovered that a subject wanted for 2 counts of burglary lived in the area. It was also known to these officers that there had been several auto thefts in the area where they had a description of the suspect. With this information Officer Fletcher, Officer Brockmeier and Officer Swope went to the address of the subject with felony warrants to make an arrest attempt. After arriving at the residence they were given permission to enter the residence and remove the suspect. While in the residence items where discovered that matched the description of the suspect in the auto thefts. Through interviews with the suspect he made a full confession and warrants where obtained. For these officers’ actions in identifying and removing a felonious individual from our streets and neighborhoods they are hereby commended
Officer Cushing
On February 6, 2018 Officer Cushing observed a vehicle travelling south on North New Florissant Road that did not have a front license plate. Officer Cushing initiated a traffic stop and discovered the driver had several outstanding warrants. After taking the subject into custody, he conveyed him to the station and conducted an interview where he learned of narcotics trafficking in the City of Florissant. With this information the detectives in the Mobil Unit were able to obtain a search warrant. The search warrant resulted in the seizure of 74 capsules of heroin and several weapons that had been reported stolen from an ATF Agent. Due to Officer Cushing’s tenacity and resolve, a six time convicted felon was removed from our streets and you are hereby officially commended.
Packet Page 15 of 101 Officer Summers
On February 16, 2018 while Officer Summers was on her way to teach D.A.R.E. classes when she observed a vehicle matching the description broadcasted of a wanted vehicle in connection with an attempted armed robbery of an armored car in the 2100 block of North Highway 67. While observing the vehicle parked at a business in the 3200 block of Parker Road, Officer Summers was able to obtain the license information, notify dispatch personnel and request assistance. Upon the arrival of assisting units she and the other officers were able to arrest the driver and two other subjects which matched the description of the robbers. Officer Summers’ search incident to arrest resulted in the recovery of a firearm and articles used to cover the faces of the suspects. The St. Louis County Prosecutor’s Office, issued charges of Attempted Robbery and Armed Criminal Action. Due to Officer Summer’s excellent observation skills, quick actions and professional conduct three dangerous criminals have been removed from the streets of Florissant. She is hereby officially commended.
Detective Osmer and Detective Edwards
On March 1, 2018 Detective Osmer and Edwards received information that there was a subject selling heroin at an address on New Halls Ferry. Upon their arrival at the location they witnessed a hand to hand narcotics transaction. As the detectives approached the sole occupant of the vehicle they observed a firearm next to him on the seat. Although a crowd was gathering they were able to extract the non-compliant suspect and secure the loaded firearm. Further investigations revealed that the vehicle contained a moderate amount of fentanyl capsules. Later the detectives learned that the suspect had multiple felony warrants outstanding and was currently on probation for other felony crimes. Because of their diligent and professional police work a dangerous felon was removed from the streets of Florissant. They are hereby officially commended.
Packet Page 16 of 101 Sergeant Coder, Officer Bathon and Officer Kerckhoff
On March 5, 2018 Sgt. Coder and Officer Kerckhoff were directed to a motel in the 300 block of Dunn Road. When they arrived a witness advised them that a black male entered the business with a handgun and took cash from the business and two cell phones.
As the investigation continued Sgt. Coder and Officer Bathon were able to track one of the cell phones to a residential area in North St. Louis County. With the assistance of Officer Kerckhoff they identified a suspect vehicle which was registered at a residence in the residential area. Because of the officers teamwork they located the suspect and recovered the handgun, the cell phone and cash taken in the robbery.
As their investigation continued they identified and arrested a second suspect. Interviews then revealed the pair had committed five additional robberies in the St. Louis County Area.
Due to their excellent police work and diligent follow-up investigation a pair of dangerous robbers has been taken off the streets of the City of Florissant and St. Louis County. They are hereby officially commended.
Packet Page 17 of 101 CITY OF FLORISSANT Public Hearing
In accordance with Section 405.310 of the Florissant
Zoning Code a Public Hearing will be held by the City
Council of Florissant, MO. in the Council Chambers, 955 rue
St. Francois, on Monday, March 26, 2018 at 7:30 p.m. on the following proposition:
To authorize a Special Use Permit to Tire Zone, LLC for
the operation of a tire installation and tire repair shop for the
property located at 1940 N. Highway (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
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FLORISSANT PLANNING & ZONING COMMISSION APPLICATION
City Of Florissant - Public Works 314-839-7648
Application is hereby made to the Building Commissioner of the Department of Public works Office at the City of Florissant, - Missouri, to appear before the Planning & Zoning Commission Please Print or Type The Following Information
Property Address: I9 140 .j, m (()I
Property Owners Name: flo-.1d L. Phone 311q73 /077
Property Owners Address: 56 (2LILLC-11 I\Vfl(i Ap4. 1( f,Los MD Business Owners Name: Th& y< A t #:3 lI4- 1ftj L/ Business Owners Address: 5 Pft: IdCI 0 DBA (Doing Business As) 17 2 oi.JE
uthorized Agents Name: CO. Name: (3(Authorized Agent to Appear Before The Commission) Agents Address: Phone #:
Request 4. 4, 4(e)w - Ve(bitlM4J 17r041 rttY 411f + tM jZ7 1111 O$ c_c Ti e 5T4LLMV?J '410D State complete request (print or type only).
IF A TRAFFIC STUDY IS REQUIRED FOR CERTAIN DEVELOPMENTS AND USES THE COST OF THE TRAFFIC TUDY SjALL BE PAID BY THE APPLICANT. PLEASE SUBMIT FOLDED PLANS -7, / -Z / j e \./ Apjilicant's Signature Date
Received by; Receipt P O Date: (L41Lc?
STAFF REMARKS: COMMISSION ACTION TAKEN: DATE APPLICATION REVIEWED:
SIGNATURE OF STAFF WHO REVIEWED APPLICATION RECOMMENDED APPROVAL PLANNING & ZO4NG Planning & Zoning Application CHAIRMAN Page 1 of I -Revised 9/28/10
Packet Page 19 of 101 DATE: SGN4a?
SPECIAL USE PERMIT APPLICATION TO THE CITY OF FLORISSANT PLANNING AND ZONING COMMISSION
City Of Florissant -Public Works 314-839-7648
PLANNING & ZONING ACTION Council Ward Zoning RECOMMENDED APPROVAL PLANNING & ZONNG Initial Date Petitioner Filed CHAIRMAN Building Commissioner to complete ward, zone & date flIed DATE:
SPECIAL PERMIT FOR Of)ft+C 64 4- - Statement of what permit is being sought. (i.e., special permit for operation of a restaurant. AMEND SPECIAL PERMIT #- TO ALLOW FOR ordinance fi Statement of what the amendment is for.
LOCATION V14O N. (1l Address of property.
1)Comes Now Ti'e- 2.cr LLC Enter name of petitioner. If a corporation, state as such. If applicable include DBA (Doing Business As)
and states to the Planning and Zoning Commission that he (she) (they) has (have) the following legal interest in the tract of land located in the City of Florissant, State of Missouri, as described on page 3 of this petition.
Legal interest in the Property) i?((Se State legal interest in the property. (i.e., owner of property, lease. Submit copy of deed or lease or letter of authorization from owner to seek a special use.
2)The petitioner(s) further state(s) that the property herein described is presently being used for and that the deed restrictions for the property do not prohibit the use which would be authorized by said Permit.
3)The petitioner(s) further states (s) that they (he) (she) are submitting a detailed site plan of the proposed or existing development showing location and use of all structures, off-street parking, and all other information required by the Zoning Ordinance or determined necessary by the Building Commissioner.
4)The petitioner(s) further state(s) that (he) (she) (they) can comply with all of the requirements of the City of Florissant, including setback lines and off- street parking. Special Use Permit Application Page 1 of 5 —Revised 3/30/I0 Packet Page 20 of 101 5) The petitioner (s) further (represent (s) and warrants (s) that they (he) (she) has (have) not made any arrangement to pay any commission gratuity or consideration, directly or indirectly to any official, employee or appointee of the City of Florissant, with respect to this application.
6) The petitioner(s) further state (s) that the Special Use Permit is sought for the following purposes, and no other, List in detail, all activities sought to be covered by the permit (i.e.; operation of a business, approval of building and / or site plans (preliminary and / or final), plan approval for sign, etc.):
7) The petitioner (s) state (s) the following factors and reason to justify the permit: (If more space is needed, separate7heets maybe attached)
'T NAME S3NATURE
FOR (company, corporation, partnership) Print and sign application. If applicant is a corporation or partnership signature must be a CORPORATE OFFICER or a PARTNER. NOTE: Corporate officer is an individual named in corporate papers.
8) 1 (we) hereby certify that (indicate one of the following):
( ) I (we) have a legal interest in the herein above described property.
( ) I am (we are) the duly appointed agent(s) of the petitioner (s), and that all information given here is true and a statement of fact.
Petitioner may assign an agent to present petition to the Commission and Council. The agent must sign the petition in below, and provide address and telephone number
SIGNATURE
ADDRESS STREET CITY STATE ZIP CODE
TELEPHONE NUMBER BUSINESS
I (we) the petitioner (s) do hereby appoint as Print name of agent. my (our) duly authorized agent to represent me (us) in regard to this petition.
Petitioner or authorized agent's signature
NOTE: When the petitioner and/or his duly authorized agent appears before the Planning and Zoning Commission and to make a presentation, the same individuals must also appear before the City Council at the Public Hearing to make the presentation and no one else will be permitted to make the presentation to the City Council.
IF DESCRIPTIONS OF PLATS OR SURVEYS ARE INCORRECT, OR IF THE PETITION FORM IS NOT CORRECTLY AND COMPLETELY FILLED OUT, IT WILL BE RETURNED FOR ADDITIONS OR CORRECTIONS AND WILL HAVE TO BE RE-SUBMITTED.
Special Use Permit Application Page 2 of 5. Revised 3/30/10 Packet Page 21 of 101 REQUIRED INFORMATION
Please mark an "X" in the appropriate type of operation then fill in applicabe section (a), (b) or (c). Corporations are to submit copy of Missouri corporate papers with registration papers.
I) Type of Operation: Individual Partnership Corporation
(a) If an individual: (1) Name and Address _7'AxF, AlhtjD3 cit 00L4 (23' (2) Telephone Number 5 IV - -/ 8tj 8 (3) Business Address 1 01 4Q /J. V (l
(4) Date started in business
(5) Name in which business is operated if different from (I)
(6) If operating under a fictitious name, provide the name and date registered with the State of Missouri, and a copy of the registration.
(b) If a partnership:
(1) Names & addresses of all partners
(2) Telephone numbers
(3) Business address
(4) Name under which business is operated
(5) If operating under fictitious name, provide date the name was registered with the State of Missouri, and a copy of the registration.
(c) If a corporation:
(I) Names & addresses of all partners
(2) Telephone numbers
(3) Business address
(4) State of Incorporation & a photocopy of incorporation papers
(5) Date of Incorporation
(6) Missouri Corporate Number
(7) If operating under fictitious name, provide the name and date registered with the State of Missouri, and a copy of registration.
(8) Name in which business is operated
(9) Copy of latest Missouri Anti-Trust. (annual registration of corporate officers) If the property location is in a strip center, give dimensions of your space under square footage and do not give landscaping Information.
Special Use Permit Application Page 3 of 5-Revised 3/30110 Packet Page 22 of 101 Please fill in applicable information requested. If the property is located in a strip center, give the dimensions of your space under square footage and do not give landscaping information.
Name re. 2o,ie..- Z
Address I '1 L) AL ü 1
Property Owner FloyJ 1-'
L71( Location of property 11 t\L. (AS 2 1
Dimensions of property
Property is presently zoned Requests Rezoning To
Proposed Use of Property fi r, IIS I(+1OK) li-el. i'r Shop
Type of Sign Height
Type of Construction Number Of Stories.
Square Footage of Building Number of Curb Cuts
Number of Parking Spaces S Sidewalk Length
Landscaping: No. of Trees C Diameter
No. of Shrubs C) Size
Fence: Type Length Height
PLEASE SUBMIT THE FOLLOWING:
1. Plan or drawing showing zoning of adjoining properties.
2. Plan or drawing showing location of property in relation to major streets and all adjoining properties.
3. Drawing showing measurement of tract and overall area of tract.
4. Plan or drawing showing proposed parking layout, landscaping, parking lighting and trash enclosure.
5. If Special Permit is for a sign show location of sign on plot plan.
Special Use Permit Application Page 4 of 5- Revised 3/30/10 Packet Page 23 of 101 PROVIDE LEGAL DESCRIPTION OF PROPERTY PERTAINING TO THIS PETITION
(Close legal description with acreage to the nearest tenth of an acre).
Provide a Legal description of the property. If part of a shopping center list address and state part of what shopping center (i.e.: 351 N. Highway 67 part of Florissant Meadows Shopping Center). If property is a single lot, list full written legal description with bearings and distances. I-{ qLo j/1 ,U1 J';i (J • (y$Jk opre1c-
PROVIDE LOCATION MAP SHOWING AREA INVOLVING THIS PETITION Provide a drawing of a location map showing the nearest major intersection.
OFFICE USE ONLY
Date Application reviewed
STAFF REMARKS:
Building Commissioner or Staff Signature
Special Use Permit Application Page 5 of 5- Revised 3/30/10 Packet Page 24 of 101
I 2 3 4 MEMORANDUM
5 6 CITY OF FLORISSANT 7 "Preserve and improve the health, safety, and welfare of our residents, businesses and the general public in the City of Florissant: 8 while at the same time maintaining property values and improving the quality of life in the City of Florissant." 9 10 To: Planning and Zoning Commissioners Date: February 28, 2018 11 12 From: Philip E. Lum, MA-Building Commissioner cc: Louis B. Jeans, Jr.-P.E. 13 PWLF,Director Public Works 14 Applicant, 15 File 16 17 Subject: Request recommended approval of a Special Use Permit for the operation of a 18 Tire Installation and Tire Repair Shop (Tire Zone LLC) located at 1940 N Highway 67, 19 in a 'B-3' Zoning District. 20 21 STAFF REPORT 22 CASE NUMBER PZ-030518-1 23 24 I. PROJECT DESCRIPTION: 25 This is a request for recommended approval to allow for a Tire Installation and Tire 26 Repair Shop in the 'B-3' Extensive Business District. 27 28 II. EXISTING SITE CONDITIONS: 29 The existing property at 1940 N Hwy 67 has been vacant for approximately 1 years. The 30 site has one structure about 49x49'. The site is 100% paved. 31 32 The building which fronts on N Highway 67 had a 2013 occupants of a tire and auto 33 repair shop in the existing building followed by an appliance store. The subject building 34 on the property contains 2400 square feet and has a separation wall between it and the 35 tenants in 1890 N Highway 67. The front facing (North) wall of the building is brick 36 veneer. The West and South Facing walls are stucco plaster over masonry, painted. 37 There are 2 parking spaces in front of this tenant space. On the site there are 2 parking in 38 front of 1940 N Highway 67, and 5 spaces behind the building. There are approximately 39 7 total parking provided.
Packet Page 25 of 101
40 41 III. SURROUNDING PROPERTIES: 42 The property to the west is 1890 N Highway 67 which is vacant, the property to the East 43 is a Brick Story and a half commercial property of 3037 s.f. at 1960 N Highway 67 in the 44 'B-3' Extensive Business District. 45 46 IV. STAFF ANALYSIS: 47 The application does not state how many cars will be on-site or parked at any one time. 48 The applicant has not stated the number of employees will be on-site at any one time. 49 50 The site is unusual because the rear parking lot cannot be legally accessed from adjacent 51 properties without an access agreement. Wheel stops in the front lot exist to block traffic. 52 53 Parking: Vehicle servicing and repair facilities are required by the zoning code, 405.225 54 to have one parking space for every 3 employees and 3 parking spaces for every hay, 55 therefore the parking code is met, however, traffic remaining onsite must be jockeyed 56 through the front and rear bay doors to comply. 57 58 Staff requests the operator submit compliant building signage design when needed. 59 60 Other observations by staff: 61 a. Building Code requirements: No Oil/debris interceptor exists inside 62 facility, therefore, no oil changes or automotive repairs will be 63 allowed; Outside air of .06 cfm/s.f. and exhaust air 0.75 cfm/s.f. 64 must be provided per IMC 2015 table 403.3 to occupy. 65 66 VI. STAFF RECOMMENDATIONS: 67 Suggested Motion 1940 N. Highway 67 68 I move to recommended approval of a Special Use Permit for the operation of a Tire 69 Installation and Tire Repair Shop (Tire Zone LLC) located at 1940 N Highway 67, in a 70 'B-3' Zoning District, subject to the conditions set forth below with these conditions 71 being part of the record: 72 73 1. COMPLETION. 74 75 Any remodeling or construction shall start within 60 days issuance of 76 building permits and the project and shall be developed in accordance of 77 the approved amendments to the final development plan within 180 days 78 of start of construction. 79 80 (end report and suggested motion)
Packet Page 26 of 101 EXHIBIT A THE PREMISES
MthSUUEI MINIMUM STANDARDS SURVEY
8 15 30 60 90
GRAPHIC SCALE. 1" — 30'
— Fnnurub 1%) 4, 55003
Qt
,11rn3p
N/F ARCISZEWSKI TRUSTEES 4o (11810/147) 'C-
tb.. N/F J.D. LAND CO. Y;0 •, (6346/2476) POST - I.7'EAST) PARCEL "A"
N/F FENCE POST U—HAUL INTERNATIONAL (l1.l'WET) ••- (8563/031)
FENCE POST (1 2,0'R,ES1
SET SPIKE "p
Note: I 1)Source of Deed: Dead 800l 8043 oge 2378 2) Source of 1111,; Cononronwaotth bard Title Insurance Company. Commitment No. 51355 3) Deed Rook 4324 Page 430 - Easement to M.S.D. otfeot other 01505 of sold subdivision. 4) Deed Book 4431 Page 510 - Property may be subject to easement to I.E. Co. - oflobia to determine 0000t 10001100 due to vogue description. 4) PROPERTY DESCRIPTION: Beginning at 0 point in the Southeast line of Lindbergh Boulevard of Missouri State Highway Rout, #140, being the inNorthwest corner of o port of said 0100k 43 oomrneywd to RHo. Sohettgoeoka and oil, by dead reoorded 00010 2153 Page 97, St. Loots County Records; thanca on the South eoat line of Undhergt, Ocoiwoord South 50 degree, 14 minutes Wested 50 tact to o point; thonce South 33 dagrees 46 ,nirotne East 213.31 fact to o point in the West tins of the property conveyed to Schneltgoaoke, aforesaid; thence along the West line of the property conveyed to Sohettgoecka, North 0 degrees 56 minutes East. a distance of 87.63 teat to o point; thence North 33 degrees 48 minutes West 141.10 teat to the point of beginning, according to Survey executed by Thatcher and Patient, Inc., an August 2. 1960. EXCEPTING THEREFROM that Part thereof condemned by the State of Missouri In Cones No. 284534 of Circuit Court of St. Louis County, Missouri for sidaning of Stole Highway N (140).
This A to certify that at the request of Floyd and Mortho Sweecey we have. on the 26th day of October 1999 node o surve y no A trod of Lord being Port of Poroel "A of Sobdiotston of port of look 43 of Si F.rninand Comn,00we, according to the plot thereof recorded In Plot Book 108 Page 35 In St Louis County, Missouri, and that the result of cold auronyMissouri is represented upon this plot. This Urban Proper y Survey wow executed In 000nrdo,roe with the current Minimum Stondords far Property Boundary Surveys. NM MO. R.L.S. 2278
JAMES ENGINEERING Order Nb. 162612 & Drafted by: C. SEIIIC SURVEYING CO., INC. Survey by: C. LANEMAN ENGINEERS PLANNERS SURVEYORS Checked by P. J. 9511gM 7810 FORSYTH BLVD. S. 300 CLAYTON, MO. 63105 Revised U PHONE: (314) 727-4008 FAD: (314) 727-5704
13
Packet Page 27 of 101 itik
Packet Page 28 of 101 (S.LIM9O0) NId NO5 (INnO3
)4IdS flS N3 CUSTOMERS WILL LEAVE OUT THE SIDE HEADING TOWARD N. US 57
0150111' AC
z AR WILL ENTER HERE
CUSTOMER WILL LEAVE THIS WAY ON.U867
Packet Page 29 of 101 Packet Page 30 of 101 1 INTRODUCED BY COUNCILMAN SIAM 2 MARCH 12, 2018 3 4 5 BILL NO. 9370 ORDINANCE NO. 6 7 ORDINANCE TO AUTHORIZE A SPECIAL USE PERMIT TO FLOWER 8 VALLEY GROUP, LLC D/B/A PRIVILEGE LOUNGE TO ALLOW FOR THE 9 OPERATION OF A COCKTAIL LOUNGE LOCATED AT 129 FLOWER 10 VALLEY SHOPPING CENTER. 11 12 WHEREAS, the Florissant Zoning Ordinance authorizes the City Council of the City of 13 Florissant, by Special Use Permit, after public hearing thereon, to permit the location of a cocktail 14 lounge; and 15 WHEREAS, an application has been filed by Flower Valley Group, LLC d/b/a Privilege Lounge 16 for the property located at 129 Flower Valley Shopping Center for the location and operation of a 17 cocktail lounge; and 18 WHEREAS, the Planning and Zoning Commission of the City of Florissant, at their meeting of 19 February 20, 2018 has recommended that the said Special Use Permit be granted; and 20 WHEREAS, due notice of public hearing no. 18-02-010 on said application to be held on March 21 12, 2018 at 7:30 P.M. by the Council of the City of Florissant was duly published, held and concluded; 22 and 23 WHEREAS, the Council, following said public hearing, and after due and careful consideration, 24 has concluded that the granting of the Special Use Permit as hereinafter provided would be in the best 25 interest of the City of Florissant. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: 28 29 Section l: A Special Use Permit is hereby granted to Flower Valley Group, LLC d/b/a Privilege 30 Lounge for the property located at 129 Flower Valley Shopping Center for the location and operation of 31 a cocktail lounge with the following additional requirements: 32 1. GENERAL DEVELOPMENT CONDITIONS. 33 a. Unless, and except to the extent otherwise specifically provided, development shall 34 be effected only in accordance with all ordinances of the City of Florissant. 35 b. The project shall be as shown on CS, A1.0, A2.0, A3.0, A4.0 dated 1/16/18 and P1.0
Packet Page 31 of 101 BILL NO. 9370 ORDINANCE NO.
36 dated January 28, 2018 by Deru & Associates, LLC attached, subject to building 37 code review. 38 c. Occupant load shall be 80 people. 39 d. Signage shall comply with the City of Florissant regulations. 40 41 PROJECT COMPLETION 42 43 Construction shall start within 30 days of the issuance of building permits, and the structure 44 shall be completed in accordance with the plans within 120 days of start of construction. 45 46 47 Section 2: When the named permittee discontinues the operation of said business, the Special 48 Use Permit herein granted shall no longer be in force and effect. 49 Section 3: This ordinance shall become in force and effect immediately upon its passage and 50 approval. 51 52 53 Adopted this ______day of ______, 2018. 54 55 56 ______57 Jackie Pagano 58 President of the Council 59 City of Florissant 60 61 Approved this ______day of ______, 2018. 62 63 64 ______65 Thomas P. Schneider 66 Mayor, City of Florissant 67 68 69 ATTEST: 70 71 ______72 Karen Goodwin, MMC/MRCC 73 City Clerk
Packet Page 32 of 101 Packet Page 33 of 101 Packet Page 34 of 101 Packet Page 35 of 101 Packet Page 36 of 101 Packet Page 37 of 101 Packet Page 38 of 101 Packet Page 39 of 101 Packet Page 40 of 101 Packet Page 41 of 101 Packet Page 42 of 101 Packet Page 43 of 101 Packet Page 44 of 101 Packet Page 45 of 101 Packet Page 46 of 101 Packet Page 47 of 101 Packet Page 48 of 101
1 INTRODUCED BY COUNCILMAN PAGANO 2 MARCH 12, 2018 3 4 BILL NO. 9371 ORDINANCE NO. 5 6 ORDINANCE AUTHORIZING AN AMENDMENT TO THE ZONING 7 CODE TO ALLOW FOR “ADULT DAY CARE” AS A SPECIAL USE IN 8 ALL “B” ZONING DISTRICTS. 9 10 WHEREAS, Chapter 405, the Zoning Code, as amended, establishes within the City of 11 Florissant district classifications for the purpose of regulating their construction and use of land, 12 buildings and property within the said various districts, and said Ordinance provides the nature, 13 kind and character of buildings that may be erected in each of the said districts and the use to 14 which the land and buildings may be put; and 15 WHEREAS Adult Day Care is not currently listed in our zoning districts but is identified 16 in the business license section of the code; and 17 WHERAS, the Planning and Zoning Commission recommended approval of the addition 18 of Adult Day Care as a Special Use in all “B” zoning districts at their meeting on February 20, 19 2018; and 20 21 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FLORISSANT, ST. 22 LOUIS COUNTY, MISSOURI, AS FOLLOWS: 23 24 Section 1: Chapter 405.035 “Definitions” of the Zoning Code is hereby amended adding 25 the definition of Adult Day Care to read as follows: 26 27 ADULT DAY CARE 28 A group program designed to provide care and supervision to meet the needs of 29 functional impaired adults for periods of less than twenty-four (24) hours but 30 more than two (2) hours per day in a place other than the adult’s own home. 31 32 33 Section 2: Chapter 405.115, B-1, “Local Shopping District” subsection “N” is hereby 34 amended by adding “Adult Day Care” as a special use. 35 36 Section 3: Chapter 405.120, B-2, “Central Business District” subsection “K” is hereby 37 amended by adding “Adult Day Care” as a special use. 38 39 Section 4: Chapter 405.125, B-3, “Extensive Business District” subsection “K” is 40 hereby amended by adding “Adult Day Care” as a special use. 41 42 Section 5: Chapter 405.130, B-4, “Highway Commercial District” subsection “L” is 43 hereby amended by adding “Adult Day Care” as a special use. 1 Packet Page 49 of 101 BILL NO. 9371 ORDINANCE NO.
44 45 Section 6: This ordinance shall become in force and effect immediately upon its passage 46 and approval. 47 Adopted this ______day of ______, 2018. 48 49 ______50 Jackie Pagano 51 President of the Council 52 53 Approved this _____ day of ______, 2018. 54 55 ______56 Thomas P. Schneider 57 Mayor, City of Florissant 58 ATTEST: 59 60 ______61 Karen Goodwin, MMC/MRCC 62 City Clerk
2 Packet Page 50 of 101 Packet Page 51 of 101 Packet Page 52 of 101 Packet Page 53 of 101 Packet Page 54 of 101 Packet Page 55 of 101 Packet Page 56 of 101 Packet Page 57 of 101 Packet Page 58 of 101 Packet Page 59 of 101
TRANSFER OF SPECIAL PERMIT r7qi7Lc AUTHORIZED BY ORDINANCE NUMBER (S)
FROM n (k,'4 L q LL,
TO Q 1~n)4L Of ) TO sroj_~ FOR A COCo t-,a jtjV--,
ADDRESS Ic7) jq J J o,//s y
Ward Zoning Date Filed Accepted By
TRANSFER OF SPECIAL USE PERMIT PETITION
TO THE CITY COUNCIL OF THE CITY OF FLORISSANT:
I. Comes now Sp and states Vf to the City Council that she) (they) has (have) the following legal interest in the property located at in the City of Florissant, Missouri. Legal interest: (4Lease or ( ) Simple Title (Attach signed copy of lease or deed)
7 The petitioner(s) further state that he (she) (they) has (have) not made any arrangement to pay any commission, gratuity, or consideration, directly or indirectly to any official, employee, or appointee of the City of Florissant, with respect to this petition.
3. The applicant will operate the business in the same manner and under the same conditions as set out in the original ordinance granting the special permit or any amendments thereto, except for any proposed change in sign face of an authorized sign.
PETITIONER SIGNATURE d' Name
FOR: V,~ - A 13ae- II Company, Corporation, Partnership
Packet Page 60 of 101 I
4. I (we) hereby certify that (indicate one only):
( (we) have a legal interest in the above described property. ( ) I am (we are) the duly appointed agent (s) of the petitioner, and that all infoiniation given is true and a statement of fact.
SIGNATURE /77W a L ADDRESS /// 'Te% 4/
1 M# Telephone No Email address OöTC
I (we) the petitioner(s) do hereby appoint as my (our) duly authorized agent to ipresent me (us) in regard to this petition.
PETITIONER SIGNATURE
Note: Petitioner or his/her authorized agent will be the only person(s) permitted to make the presentation to the City Council.
5. Acknowledgement and consent of owner to Transfer Special Permit Petition.
2 Packet Page 61 of 101 John R. Ashcroft Secretary of State
CERTIFICATE OF ORGANIZATION
Toast It Up LL LCO0I56S 122
filed its Articles of Organization with this office on the 27th day of November, 2017, and that filing was found to conform to the Missouri Limited Liability Company Act.
NOW, THEREFORE, 1, JOHN R. ASHCROFT, Secretary of State of the State of Missouri, do by virtue of the authority vested in me by law, do certify and declare that on the 27th day of November, 2017, the above entity is a Limited Liability Company, organized in this state and entitled to any rights granted to Limited Liability Companies.
IN TESTIMONY WHEREOF, I hereunto set my hand and cause to be affixed the GREAT SEAL of the State of Missouri. Done at the City of Jefferson, this 27th day of November, 2017.
Packet Page 62 of 101
55dq3oq LCOOI 565122 State of Missouri Date Filed- 11/2712017 John R. Ashcroft, Secretary of State John R. Ashcroft Missouri Secretary of State N) Box 7791600 W. Main St, Rm. 322 Jeeson City, MO 65102
Articles of Organization (Submit with filing fee of 5105.(N))
1. The name of the limited liability company is: 765-1- 7,L // (Mutt include 'Lbni1edL4ithility Company," 'Limized Company," LC.'° "LC 'LLC.," r "LW")
2. The purpose(s) for which the limited liability company is organized:
3. The name and address of the limited liability company's registered agent in Missouri is: i,4 7*'Lo / Z 78/ 4'k 444 !i;7 & 4 Street Adthnss: May amuse P0 A=unless streetad,buss City/State/Zip Name g
4. The management of the limited liability company is vested in: 0 managers 1l1rs (check one)
5. The events, if any, on which the limited liability company is to dissolve or the number of years the limited liability company is to
continue, which may be any number or perpetual- Per pt-1&(
(The answer to this question cc Mc epo.uible tax asasequences you XW wish so consult with your *amntey or aca*ivsml)
6. The name(s) and street address(es) of each organizer (P0 b. ,.y only be used in addition to ap#rysicaisireetaddnsss): (Organizer(s) are nor required to be bet(s), manager(s) or owner(s) fr1 Si,h4 . 41915' J
7.0 Series LLC (OPTIONAL) Pursuant to Section 347.186, the limited liability company may establish a designated series in its operating agreement. The names of the series must include the full name of the limited liability company and are the following: New Series: 0 The limited liability company gives notice that the series has limited liability. New Series: 0 The limited liability company gives notice that the series has limited liability. New Series: 0 The limited liability company gives notice that the series has limited liability.
(Each separate series must also file an Attachment Form LLC 1A.)
(Pleate we flees page)
Name and address to return tiled document:
Name- /Ø2dU e/'A04
Address: ORI-11272017-1452 State of Missouri 63eJ Noot Paws 2Paoes City, State, and Zip Code-
1111111111 Creation . LLCILP/LLP Packet Page 63 of 101 LEASE AGREEMENT I This LEASE AGREEMENT (the "Lease") made and entered into this day of November 2017, by and between LCRP. LLC. a Missouri Limited Liablli(y Company (refrned to as "LsadloriF'), and ToastltUp.LW- JL Miseoui Limited LiabilitjCoo y4efraredtoasflmt"), All of the Provisions oftheL.mae, I allngthe Data Meet S1mWIBdpIUVmIOIs ocamnencang with Article laid contIiuingthniugh Article XIII of the Lease (ereinafterattam referred to as the "Standani Form"), all exhibits, and riders, if any are incorporated as fill in the Lease as if filly set forth at this point DATA SBErI'
The following reences finnish data to be incorporated in the specified Sections of the Lease and shall be construed to incorporate all ofthe terms of the entire Section as stated in the said Lease: 1) Shopping Center The shopplig center located in Florismut Missouri known as New Halls Ferry (hereinafter called the "Shopping Center*) and is depicted on the Site Plan attached hereto as xhIbit A.
2) Premises: space containing approximately L7square feet located as shown on the site plan attached harem and marked BxblitA and having an address of 12781 New Halls Ferry Road.
3) Lease Commencement Date: December 1. 2017
4) Rent Commencement Date: December 1. 2017
5) InitialTena: Five (5years and7o (Omonths from the Lease ConunwicemmztDate (the date on which the term expires shall be November 30,2022).
6) Renewal Terms: N1&
7) Mlahnum Rent Years 1-5: 820,736.00 per annum; $1,728.00 per month 8) Pro Rain Share Percentage Estimate: 4.16%
9) Estimates of Pro Rats Shares: (a) Taxes: 84.23360 payable in monthly installments of $352.80 (Vi) Insurance: $432.OU.payable in monthly installments of $36.00 (c) CAM: $Z-211.94 payable in monthly installments of $184.32
10)Permitted UseFstthikhmeiit for onuui,ecrmr*ioaofalcthoL
11)Permitted Trade Name: Toast Tune
12)Security Deposit $2301.12
13)Prepaid Rental: $2301.12
14)Guarantor(s): See Personal Guaranty attached as Exhibit D.
15)Tenant's Notice Addrase: Edgar Youngc: 125 Bhhnnn Meadows War. Flotissait MO 63034 314-581-2414 SNOOXPROO8@YAHOOCOW Marten Stephenson: 32511 Bielefeld Court Florissant MO 63033 314-581-4918 [email protected]
Packet Page 64 of 101 SIGNATURE PAGE This Lease consisting of30 pages incLuding the page on which these signatures appear; and Exhibits A. B. C. 1). & attached hereto, entered into as ofthis - day of November 2017. LANDLORD
LCRF, LLC
By LCRF }io1din, Inc., its nlfinkpjflg member
TENANT- TOAST IT UP, LLC, A MISSOURI LIMITED UABIUTY COMPANY
ogd-ofe, BT- K Name: Edgar B. Younge rate: CY t.(' PLLi-
Name: Maitez A. Saphcnson Tit ôlL12
-24- Packet Page 65 of 101
CITY OF FLORISSANT
Honorable Thomas P Schneider, Mayor
TRANSFER OF SPECIAL USE PERMIT
The undersigned hereby acknowledges receipt of a copy of Ordinance Number which authorized a Special Permit:
TO
FOR: /4 Co C KTNL
and agree to the terms and conditions listed in said ordinance and to any additional term and conditions that the City Council shall deem appropriate.
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PRINT - NAME OF APPLICANT
SIGNATURE OF APPLICANT
(1 1Y JILL 1U 1 RF )1PUfl A 1F1 \RKS i)L1\R F\UI '1 U•1 \L 1U i)EI'i/1 \1 ENT \1 [N1 CIPL (( )i i RI 955 Rue St. Francois 1700 North Highway 67 #1 James J. Eagan Drive #1 St. Ferdinand Drive 1055 Rue St. Francois Florissant, MO 63031 Florissant, MO 63033 Florissant, MO 63033 Florissant, MO 63031 Florissant, MO 63031 314 / 921-5700 314/831-7000 314 / 921-4466 314 / 839-7654 314 / 921-3322 Fax: 314 / 921-7111 Fax: 314 / 830-6045 Fax: 314 / 839-7672 Fax: 314 / 839-7656 Fax: 314 / 839-7663 TDD: 314/839-5142 www.florissantmo.com
- PacketGoldfor Page the 66Value of 101 of Elective Government - White for a Clean, Healthy City Green for the Gift of Fertile Land -
I INTRODUCED BY COUNCILMAN SCHMIDT 2 JANUARY 14,2013 3 4 5 BILL NO. 8888 ORDINANCE NO. 79 o 6 7 8 ORDINANCE AUTHORIZING A SPECIAL USE PERMIT TO TOAST TIME 9 LOUNGE LLC 1)18/A TOAST 'liME LOUNGE TO ALLOW FOR THE 10 OPERATION OF A COCKTAIL LOUNGE FOR THE PROPERTY LOCATED II AT 12781 NEW HALLS FERRY RD. 12 13 WHEREAS, the Florissant Zoning Ordinance authorizes the City Council of the City of 14 Florissant, by Special Use Permit, after public hearing thereon, to permit the location of a cocktail 15 lounge; and 16 WHEREAS, an application has been filed by Toast Time LLC for a Special Use Permit for the 17 property located at 12781 New Halls Ferry Rd. for the location and operation of a cocktail lounge; and 18 WHEREAS, the Planning and Zoning Commission of the City of Florissant, at their meeting of 19 September 9, 2012 has recommended that the said Special Use Permit be granted; and 20 WHEREAS, due notice of a public hearing no. 13M1-003 on said application to be held on the 21 14" of January. 2013 at 7:30 P.M. by the Council of the City of Florissant was duly published, held and 22 concluded; and 23 WHEREAS, the Council, following said public hearing, and after due and careful consideration. 24 has concluded that the granting of the Special Use Permit as hereinafter provided would be in the best 25 interest of the City of Florissant. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: 28 29 Section 1: A Special Use Permit is hereby granted to Toast Time Lounge LLC dlb/a Toast Time 30 Lounge for the property located at 12781 New Halls Ferry Rd. for the location and operation of a 31 cocktail lounge with the hours of operation being 8 am to I am Monday through Saturday. 32 Section 2: The Special Use Permit herein authorized shall terminate if the said business ceases 33 operation for a period of more than one hundred eighty (180) days or when the named permittee ceases to 34 be the owner and operator of said business. 35 Section 3: This ordinance shall become in force and effect immediately upon its passage and 36 approval.
Packet Page 67 of 101 BILL NO, 8888 ORDINANCE NO. ? 940 37 38 39 Adopted this day Of , 2013. 40 N 41 42 43 Keith Schildro 44 President of the Council 45 City of Florissant 46 7 47 Approved this day 2013. 48 49 50 51 ñIomas P. Schneidei 52 Mayor, City of Florissant 53 54 55 ATIEST:
58 Karen oowIñ, MMCIMRCC 59 City Clerk
40
Packet Page 68 of 101 79 o EXHIBIT B
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Packet Page 69 of 101
CITY OF FLORISSANT 955 rue St. Francois Phone: 314-921-5700
APPLICATION FOR LIQUOR LICENSE TYPEJ)F LICENSE REQUESTED: ('1Ful1 Liquor by the Drink ( ) Full Package Liquor ( ) Consumption of Liquor ( ) Malt Liquor & Wine by the Drink ( ) Malt Liquor & Wine Package ( ) Tasting ( ) Full Liquor by Drink (Non-Profit)
To the City Clerk, City of Florissant, St. Louis County Missouri: The undersigned hereby makes application for a liquor license issued under Chapter 600 of the Florissant City Code
iy.rt or Ot'tKA11oiN: ( ) Individual .kIartnership ( ) Corporation - Attach list of ( ) Limited Liability Corp (Attach list of Partners) officer, addresses, phone no.
Name of Business -ry agi oe coc ai2. t 190 Business Address I 1 New 4&49 "i 4 Phone 4l Y 1- Names of Applicant, Corporation, or LLC íÔ 1 -'I- UP', L L. C. -. Address of Owner AJeA,.) 47Mjts :1;ivi P-e11 ft{) 0033 Phone 3i11 Street City State Zip
Name of Managing Officer f dr ' youk"g-e- :cP /tOtItt1 Home Address 11 4'1bufat Y 'ars at address 2 Street City/State Zip Home Phone 5&(ZWy
Managing Officer Date & Place of Birth O3'/7_VIi Cell Phone
Managing Officer Driver's License NoT Social Security Number*_- (Provide a copy of driver's license) * Social Security Number will be used urposes of identification in running record check. Managing Officer Personal Property Taxes 20 t-1 Paid? ( Yes ( ) No (Attach most recent copy)
Managing Officer Register Voter of Missouri? ( es ( ) No (Attach a Voter Registration Certificate)
Have you ever been arrested?: jli' 0 What Charge? Where? Disposition?
Citizen of U.S.A.? ( Yes ( ) No Naturalized? ( ) Yes Date ( If Naturalized, Give ' mber: Dist. (Provide naturalization documentation)
Do you have an interest in any liquor license which is now in force'? If so, give details Packet Page 70 of 101 Have you previously held a liquor license of any type?
Have you ever had a liquor license suspended or revoked? r) c2 If so, give details
Have you ever been convicted of any violation of any federal or state law? ii 0 If so, give details
Have you ever been convicted or any municipal or county ordinance violation? ha If so, give details
Have you ever been convicted of any violation of a federal law, state statute or local ordinance relating to intoxicating liquor7 If so, give details
Has the location previously been occupied as a liquor establishment, liquor store or tavern? Ves If so, state name --To Cts f -e. Is the location within 200 feet of property used for church, school or public playground? hO
If Individual Applicant, sign below: If Partnership, corporation or LLC complete the following:
1CLd i'P(b - oJ1- Trade Name
Signature of Maliagin - Officer STATE OF MISSOURI ) SS COUNTY OF ST. LOUIS )
v of lawful age, being first duly sworn upon . oath (Indi4 dual or Zalnagbag/ Officer) I deposes and states that he/she is the (applicant) (the managing officer of the corporation or partnership seeking the license hereunder), that he/she has read this application and fully understands same, that said license will be subject to all of the ordinances of the City pertaining to the operation of said business and agrees that he will abide by all lawful ordinances, regulations and rules adopted by the City relating to the conduct of said business, that he is in all respect qualified in law to receive such license, and that the answers and statements set out in the above application are true.
Signature o Indiviffual 6r Managing Officer
Subscribed and sworn to before me this HM- day of A'La i') , 20g.
CELESTE JONES - Notary Seal Note=St. LouisCounty STATE OF MISSOURI My Commission Expires Jun. 6, 2020 #12360664 Notars)Ptiblic My Commission Expires: Packet Page 71 of 101
A Yrn Ud A 'rY,T It ArYTCrrl T)I' 'i'c i1D1' A %ia'ThP A LV DTTRL 1€' SUPPLEMENT TO APPLICATION FOR LIQUOR LICENSE
CORPORATION & LIMITED LIABILITY COMPANY: Copy of Certificate of Incorporation! Registration & Articles of Organization papers must be attached
To the Florissant City Council, Florissant, St. Louis County, Missouri DATE
TO BE COMPLETED BY ALL PARTNERS, OR IF CORPORATION OR LIMITED LIABILITY CORPORATION BY ALL OFFICERS OR MEMBERS:
)/) 1. FULL NAME 6 V1& SOC. SEC. NO. - PLACE OF BIRTH 1- Lc's' P'O
DATE OF BIRTH ( V-I 0-180 SEX 177 PHONE NUMBER /i/- ç. /2e1V ADDRESS 115- i3e'ki nisnI 111a,tis W€ rsaiJ AU) 6303V LAST PREVIOUS ADDRESS NO. OFYRS. 12
2. FULL NAME SOC. SEC. NO PLACE OF BIRTH ':UtZeJOR 41) DATE OF BIRTH 0-7 ?i 1 SEX jt PHONE NUMBER '?,/(/- ADDRESS iZ-S/I ,3I/e1U4 a- R'o--ru) k73 LAST PREVIOUS ADDRESS NO. OFYRS. 1 2
3. FULL NAME SOC. SEC. NO PLACE OF BIRTH DATE OF BIRTH SEX PHONE NUMBER ADDRESS LAST PREVIOUS ADDRESS NO. OF YRS.
4. FULL NAME SOC. SEC. NO, PLACE OF BIRTH DATE OF BIRTH SEX PHONE NUMBER ADDRESS LAST PREVIOUS ADDRESS NO. OF YRS. Packet Page 72 of 101
PLEASE FILL OUT THIS FORM AND RETURN WITH YOUR LICENSE APPLICATION In order for the Police Department to provide you with the best possible service, it is necessary for them to have certain information concerning your business: EMERGENCY INFORMATION OWNER OF PROPERTY LU&JDe f PHONE ADDRESS / 22 0/1v !vd CITY i. /c'v,', STATE 1v 0 ZIP ( 31 Y /
NAME OF BUSINESS PHONE t/- fr(( 40 ADDRESS 17I 4Jetit j4-4i AITYrS/ STATE0) ZIP &5033'
BUSINESS HOURS Sun - Thurs 2prvi- 1 Zrfl r; S&' '2P'. 1 OWNER/MANAGER 4tes- )Ioty. V41 PHONE 1I,I tt1ILf HOME ADDRESS 11.S 'S e /vjM#r r, CITY 1!Ot (4 STATE 4) ZIP 103 / I/lt4vs 1i
PLEASE LIST PERSONS TO BE CONTACTED AFTER BUSINESS HOURS IN CASE OF AN EMERGENCY OR IF THERE IS A DOOR OR WINDOW FOUND INSECURE.
CONTACT #1 NAME /in ADDRESS 1 na' A cJt'c CITY & STATE 'l'?L) ZIP jt.50344 PHONE /Lj- 1- 2A/J/ HAS KEY: YES Q).-NC () CONTACT #2 <)jpP&n9o'1 NAME warl~-7- ADDRESS (/(5 CITY & STATE n55e /1i ZIP -30 33 PHONE 3lAjr- ! L/ HAS KEY: YES QO()
ARE THERE LIGHTS LEFT ON AFTER BUSINESS HOURS: YES NO () IS ANYONE AUTHORIZED TO BE ON THE PREMISES AFTER BUSINESS HOURS: YES 1'O () IF YES, WHO: O(9' >51vA LW— ,Øs?c7'Z_ 54/biz A4'/ '/2v/ij€ ARE ANY VEHICLES PARKED AT YOUR BUSINE,AFTER,HOURS: YES N0f) DESCRIBE: j.007 C)?L / ~ctLAte (YEAR) (MAKE/MODEL) (COLOR) (LICENSE NO.)
DO YOU HAVE A SAFE OF ANY KIND? YES () NO ( IF YES, WHERE IS IT LOCATED:
CAN IT BE SEEN FROM THE OUTSIDE? YES () NO IS YOUR BUSINESS PROTECTED WITH AN ALARM SYSTEM? YES NO ()
IF AT ANY TIME THERE IS A CHANGE IN THE ABOVE INFORMATION, PLEASE NOTIFY THE POLICE DEPARTMENT IMMEDIATELY, ESPECIALLY IN THE CASE OF THOSE PERSONS TO Packet Page 73 of 101NOTIFY IN CASE OF AN EMERGENCY. THANK YOU. TO THE CITY CLERK, CITY OF FLORISSANT, ST. LOUIS COUNTY, MISSOURI
APPLICATION FOR SUNDAY LIQUOR LICENSE
Authorizing the sale of retail liquor by the drink or package in Florissant on Sunday from 9:00 a.m. to Midnight
s\ / TYPE OF OPERATION: Individual Partnership Corporation LLC
NAME OF BUSINESS: !acf I/rn E.
LOCATION: ) L5' Telephone:3/ -3/ —/I9O
NAME OF APPLICANT (partnership or corporation, dive exact trade, LLC or corporate name): ~g 01(2 Z- ~- L"- 7 1 TRADE NAME IF DIFFERENT:
The undersigned (Individual) (Partnership) (Corporation) (LLC), hereby makes application to the City Clerk, City of Florissant, St. Louis County, Missouri for a By the drink/Package Liquor License authorizing the sale of retail liquor on
Sundays from 9:00 a.m. to Midnight for the period beginning , and expiring June 30, 20_, on the above described premises and agrees that if the license herein applied for is granted, and the licensee shall violate any provisions of the State Liquor Control Act or of the Florissant City Code and particularly any provision of Chapter 600 of the Florissant City Code pertaining to alcoholic beverages or permit any other person to do so upon the licensed premises, the City Council, by a majority vote, may suspend or revoke such license.
1) I/WE presently hold License No. authorizing the sale of retail liquor by the drink/package in Florissant for premises described in this application.
STATE OF MISSOURI )SS
COUNTY OF 1Jj4 ' )
I/WE of lawful age, being first duly sworn upon (my) (our) oath(s), name of managing officer ( or owner or partner) depose and say that (I) (we) have read this application and that (I) (we) fully understand the same; that (I) (we) know the contents thereof and the statements contained therein and that the same are true of (my) (our) own knowledge.
Signature of mana ing o icer (or owner or partner)
SUBSCRIBED AND SWORN TO BEFORE ME THIS 14 DAY OF 20 /
CELESTE JONES Notary Public. Notay S.al J St. LouisCounty MY COMMISSION EXPIRES STATE OF MISSOURI Notary P 'ic My Commission ExpIres Jun. 6, 2020 #12380664
Packet Page 74 of 101 TF, OF MISso U NJ
41S
John R. Ashcroft Secretary of State
CERTIFICATE OF ORGANIZATION
WHEREAS,
Toast It Up LL LC001565 122
filed its Articles of Organization with this office on the 27th day of November, 2017, and that filing was found to conform to the Missouri Limited Liability Company Act.
NOW, THEREFORE. I, JOHN R. ASHCROFT, Secretary of State of the State of Missouri, do by virtue of the authority vested in me by law, do certify and declare that on the 27th day of November, 2017, the above entity is a Limited Liability Company, organized in this state and entitled to any rights granted to Limited Liability Companies. /
IN TESTIMONY WHEREOF, I hereunto set my hand and cause to be affixed the GREAT SEAL ofthe State of Missouri. Done at the City of Jefferson, this 27th day of November. 2017.
Packet Page 75 of 101 OS #30 (01-2017)
2 - 5aq3Oq LCOO 1565122 State of Missouri Date Filed: 11/27/2017 John R. Ashcroft, Secretary of State John R. Ashcroft
Corporations Division Missouri Secretary of State P0 Box 778 1600W. Main St., Rim 322 Jefferson City, MO 65102
Articles of Organization (Submit with filing fee of $105 .00) I. The name of the limited liability company is: 257' 7L //7 (Must include "limited Liability Company.' "limited Company." 'LC," "L.C.," "LLC.." or "LW")
2. The put-pose(s) for which the limited liability company is organized.
3. The name and address of the limited liability company's registered agent in Missouri is: ,4rt 0 e' ('27,W 'Ø ¼i'' /y iV 27'712e2 Name Street Address: May not use P0 Pox unless Street addrex also provided CilyIStateJ74
4. The management of the limited liability company is vested in: 0 managers D-rs (check one)
5. The events, if any, on which the limited liability company is to dissolve or the number of years the limited liability company is to continue, which may be any number or perpetual' PerpA4
(The answer to this question could cause possible tar consequences, you may wish to consult with your attorney or accountant)
6. The name(s) and street address(es) of each organizer (P0 box may only be used in addition to a physical Street add,ess): (Organizer(s) are not required to be ember(s), manager(s) or owner(s) 641 t- S7 e,'4 i /j $7/ A/f— 9PU AD 5e' J , 0 A 0
7. 0 Series LLC (OPTIONAL) Pursuant to Section 347.186, the limited liability company may establish a designated series in its operating agreement. The names of the series must include the full name of the limited liability company and are the following: New Series: 0 The limited liability company gives notice that the series has limited liability. New Series: 0 The limited liability company gives notice that the series has limited liability. New Series: I] The limited liability company gives notice that the series has limited liability. (Each separate series must also file an Attachment Form LLC IA.)
(Please see next page) Name and address to return filed document:
Name: i'J2i-4Z..-
Address (2i'i $c/eJ4b1C/ ORI-1127201 71 452 State of Missouri No of Panes 2 Pages City, State, and Zip Code F1$a4tp! A't01 (30T3'
Crea ion LLCILP/LLP Packet Page 76 of 101 X001316101 State of Missouri Date Filed: 3/12/2018 Expiration Data: 3112/2023 John R. Ashcroft, Secretary of State John F. Ashcraft corporations Division Missouri Secretary of State P0 Box 778/6110W-Main St, Rm. 322 Jefferson CIty, MO 65102 Registration of Fictitious Name (Submit with fihingfee of $7.00) (Mzst be typed or printed) This information is for the use of the public and gives no protection to the name being registered. There is no provision in this Chapter to keep another person or business entity from adopting and using the same name. The fictitious name registration expires 5 years from the filing date. (Chapter 417, RSMo) Please check one box:
New 19 Registration 0 Renewal 0 Amendment 0 Correction Charter number Charter number Charter number
The undersigned is doing business under the following name and at the following address: Business name lobe registered: Toast Time Sports Bar Business Address: 12781 New Halls Ferry (PO Box may only be used in addition to a physical street address) City, State and Zip Code: florissant, MO 63033
Owner Information: If a business entity is an owner, indicate business name and percentage owned. if all parties are jointly and severally liable, percentage of ownership need not be listed. Please attach a separate page for more than three owners. The parties having an interest in the business, and the percentage they own are: Charter # Name of Owners, Required If if Listed, Percentage individual or Business Business of Ownership Must Entity Entity Street and Number City and State Zip Code Equal 100% Stephenson, Martez 12511 Bielefeld Ct florissant, MO 63033 50.00 125 Behlniann Meadows Younge 111 Edgar Way Florissant, MO 63034 50.00
All owners must affirm by signing below In Affirmation thereof the facts stated above are true and correct: (The undersigned understands that false statements made in this filing are subject to the penalties of a false declaration wider Section 575.060 RSMo)
Martez Stephenson MARTEZ S !'EPHENSON 03/12/2018 Owner's Signature orAuthorized Sign afire ofBusiness Entity Printed Name Date
Edgar Yowige ifi EDGAR YOUNGE 111 03/12/2018 Owner's Signature or Authorized Signature ofaasiness Entity Printed Name Date
Name and address to return filed document: Name: Toast It Up Lic Address: Email: toasttimesports@iinail .com City, State, and Zip Code: Corp- 56(09/2010)
Packet Page 77 of 101 1 INTRODUCED BY COUNCILMAN SIAM 2 MARCH 26, 2017 3 4 5 BILL NO. 9373 ORDINANCE NO. 6 7 ORDINANCE TO AUTHORIZE A SPECIAL USE PERMIT TO TIRE 8 ZONE, LLC FOR THE OPERATION OF A TIRE INSTALLATION AND 9 TIRE REPAIR SHOP FOR THE PROPERTY LOCATED AT 1940 N. 10 HIGHWAY 67. 11 12 WHEREAS, the Florissant Zoning Ordinance authorizes the City Council of the City of 13 Florissant, by Special Use Permit, after public hearing thereon, to permit the operation of an auto 14 repair shop; and 15 WHEREAS, an application has been filed by Taer Alhejoj d/b/a Tire Zone to allow for 16 the location and operation of an auto tire repair shop for the property located at 1940 N. Highway 17 67; and 18 WHEREAS, the Planning and Zoning Commission of the City of Florissant, at their 19 meeting of March 3rd, 2018 has recommended that the said Special Use Permit be approved; and 20 WHEREAS, due notice of public hearing no. 18-03-013 on said application to be held on 21 the 26th day of March at 7:30 P.M. by the Council of the City of Florissant was duly published, 22 held and concluded; and 23 WHEREAS, the Council, following said public hearing, and after due and careful 24 consideration, has concluded that the granting of the Special Use Permit as hereinafter provided 25 would be in the best interest of the City of Florissant. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: 28 29 Section l: A Special Use Permit is hereby granted Taer Alhejoj d/b/a Tire Zone to allow 30 for the location and operation of an auto tire repair shop for the property located at 1940 N. 31 Highway 67 with the following stipulations: 32 COMPLETION. 33 Any remodeling or construction shall start within 60 days issuance of building permits 34 and the project shall be developed in accordance of the approved amendments to the final 35 development plan within 180 days of start of construction.
Packet Page 78 of 101 BILL NO. 9373 ORDINANCE NO.
36 Section 2: Said Permit herein authorized shall remain in full force and effect and subject 37 to all of the ordinances of the City of Florissant. 38 Section 3: When the named permittee discontinues the operation of said business, the 39 Special Use Permit herein granted shall no longer be in force and effect. 40 Section 4: This ordinance shall become in force and effect immediately upon its passage 41 and approval. 42 43 Adopted this ______day of ______, 2018. 44 45 46 ______47 Jackie Pagano 48 President of the Council 49 City of Florissant 50 51 Approved this ______day of ______, 2018. 52 53 54 ______55 Thomas P. Schneider 56 Mayor, City of Florissant 57 58 59 ATTEST: 60 61 ______62 Karen Goodwin, MMC/MRCC 63 City Clerk 64
2 Packet Page 79 of 101 1 INTRODUCED BY COUNCILMAN PARSON 2 MARCH 26, 2018 3 4 BILL NO. 9374 ORDINANCE NO. 5 6 ORDINANCE TO AUTHORIZE A TRANSFER OF SPECIAL USE PERMIT 7 NO. 7940 FROM TOAST TIME LOUNGE LLC TO TOAST IT UP LLC 8 D/B/A TOAST TIME SPORTS BAR FOR THE OPERATION OF A 9 COCKTAIL LOUNGE LOCATED AT 12781 NEW HALLS FERRY ROAD. 10 11 WHEREAS, the Florissant Zoning Ordinance authorizes the Council of the City of 12 Florissant, by Special Use Permit, after public hearing thereon, to permit the location and 13 operation of a auto repair business; and 14 WHEREAS, pursuant to Ordinance No. 7940, Toast Time Lounge, LLC was granted a 15 Special Use Permit for the location and operation of cocktail lounge on the property known as 16 12781 New Halls Ferry Road; and 17 WHEREAS, an application has been filed by Toast It Up, LLC to transfer the Special 18 Use Permit authorized by Ordinance No. 7940 to its name; and 19 WHEREAS, the City Council of the City of Florissant determined at its meeting on 20 march 26, 2018 that the business operated under Ordinance Nos. 7940 would be operated in a 21 substantially identical fashion as set out herein; and 22 WHEREAS, Toast It Up, LLC has accepted the terms and conditions set out in Ordinance 23 No. 7940. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: 26 27 Section 1: The Special Use Permit authorized by Ordinance No. 7940 originally issued
28 Toast Time Lounge, LLC is hereby transferred to Toast It Up, LLC d/b/a Toast Time Sports Bar
29 for the location and operation of a cocktail lounge on the property known as 12781 New Halls
30 Ferry Road.
31 Section 2: The terms and conditions of said Special Permit authorized by Ordinance No. 32 7940 shall remain in full force and effect. 33 Section 3: The Special Use Permit herein authorized shall terminate if the said business 34 ceases operation for a period of more than ninety (90) days. 35 Section 4: This ordinance shall become in force and effect immediately upon its passage 36 and approval.
Packet Page 80 of 101 BILL NO. 9374 ORDINANCE. NO.
37 38 39 Adopted this _____ day of ______, 2018. 40 41 42 ______43 Jeff Caputa 44 Council Vice-President 45 46 47 Approved this _____ day of ______, 2018. 48 49 50 ______51 Thomas P. Schneider 52 Mayor, City of Florissant 53 54 ATTEST: 55 56 ______57 Karen Goodwin, MMC/MRCC 58 City Clerk
Packet Page 81 of 101 1 INTRODUCED BY COUNCILWOMAN PAGANO 2 MARCH 26, 2018 3 4 BILL NO. 9375 ORDINANCE NO. 5 6 ORDINANCE TO AUTHORIZE AN APPROPRIATION OF $5000 FROM 7 THE GENERAL REVENUE FUND TO ACCOUNT NO. 4050 8 “PROFESSIONAL SERVICES” FOR A CONTRACT FOR SPEAKER 9 JASON ROBERTS OF BETTER BLOCK. 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 General Revenue Fund of 15 the City of Florissant, $5000 to Account no. 4050 “Professional Services” for the purpose of 16 funding a speaking contract with Jason Roberts of Better Block; and 17 18 Section 3: This ordinance shall become in force and effect immediately upon its 19 passage and approval. 20 21 22 Adopted this _____ day of ______, 2018. 23 24 25 ______26 Jackie Pagano 27 President of the Council 28 City of Florissant 29 30 31 Approved this _____ day of ______, 2018. 32 33 34 ______35 Thomas P. Schneider 36 Mayor, City of Florissant 37 38 39 ATTEST: 40 41 ______42 Karen Goodwin, MMC/MRCC 43 City Clerk 44
Packet Page 82 of 101 1 INTRODUCED BY COUNCILWOMAN PAGANO 2 MARCH 26, 2018 3 4 BILL NO. 9376 ORDINANCE NO. 5 6 ORDINANCE TO AMEND ACCOUNT NO. 01-4-34514 “INSURANCE 7 ACCOUNT” IN THE AMOUNT OF $26,474 AND APPROPRIATE THE 8 SAME AMOUNT TO ACCOUNT NO. 4961000 FOR THE REPLACEMENT 9 OF A POLICE VEHICLE. 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FLORISSANT, ST. LOUIS 12 COUNTY, MISSOURI, AS FOLLOWS: 13 14 Section 1: Account no. 01-4-34514 “Insurance” is hereby amended by adding the 15 reimbursement amount of $25,474 from Traveler’s Insurance; and 16 Section 2: There is hereby appropriated the amount of $25,474 to Account no. 4961000 17 for the replacement of a police vehicle totaled in an accident; and 18 19 Section 3: This ordinance shall become in force and effect immediately upon its 20 passage and approval. 21 22 23 Adopted this _____ day of ______, 2018. 24 25 26 ______27 Jackie Pagano 28 President of the Council 29 City of Florissant 30 31 32 Approved this _____ day of ______, 2018. 33 34 35 ______36 Thomas P. Schneider 37 Mayor, City of Florissant 38 39 40 ATTEST: 41 42 ______43 Karen Goodwin, MMC/MRCC 44 City Clerk 45
Packet Page 83 of 101 FLORISSA NT CITY COUNCIL.
AGENDA REQUEST FORM I Date: 31a,4 lie Mayor's Approval: Agenda Date Requested:
Description of request: au-- 4 00 ci2
XA-'-,-, l/C,Z VZ4- /
Department: /,-.x--
Recommending Board or Commission:
Type of request: Ordinances X Other X
Appropriation 'Liquor License Transfer Hotel License Zoning Amendment Special Presentations Amendment Resolution
Special Use Transfer. Proclamation Special Use Subdivision Budget Amendment • . YIN YIN Public Hearing needed: Yes I 3 readings?: Yes/ No
Back up materials Back up materials attached: needed:
Minutes Minutes Maps Maps Memo _471 'P ,v Memo Draft Ord. Draft Ord.
For City Clerk Use Only: 1WMINI neoess oid st•%,ia eeior..- inclusion onth9eflda All gendarequets Introduced by ar&arè to'be tuthà into1heÔit Cetk(brn on Tuesdaypñorto'the49ouncIl meetuqg PH Speaker. -
KGR 8/9/2006
Packet Page 84 of 101
MARKET VALUATION REPORT
Prepared for TRAVELERS
The CCC ONE® Market Valuation CLAIM INFORMATION Report reflects CCC Information Services Inc.'s opinion as to the value Owner City Of Florissant of the loss vehicle, based on information 955 Rue Saint Frances provided to CCC by TRAVELERS. Florissant, MO 63031 Loss Vehicle 2016 Dodge Durango Limited AWD Loss vehicle has 69% greater than average mileage of 30,000. Loss Incident Date 02/27/2018 Claim Reported 03/05/2018
INSURANCE INFORMATION Report Reference Number 87864044 Claim Reference FCC275000 1 Adjuster Rebecca Hogan Appraiser Talley, Scott Odometer 50,695 Last Updated 03/05/2018 11:09 AM
B ACE VEHICLE VALUE VALUATION SUMMARY This is derived per our Valuation methodology described on the next Base Vehicle Value $ 27,407.00 page. Condition Adjustment +$56.00 UC FED VEHICLE VALUE Adjusted Vehicle Value $ 27,463.00 This is determined by adjusting the DMV FEE +$11.00 Base Vehicle Value to account for the Value before Deductible $ 27,474.00 actual condition of the loss vehicle and certain other reported attributes, if any, Deductible -$ 1,000.00 such as refurbishments and after factory equipment. Total At 26,474.0'
The total may not represent the total of the settlement as other factors (e.g. license and fees) may need to be taken into account. Valuation Methodology 2 Vehicle Information 3 Vehicle Condition 7 Comparable Vehicles 10 Valuation Notes 14 Supplemental Information 15
© Copyright 2016 CCC Information Services Inc. All Rights Reserved. Page 1 of 20
Packet Page 85 of 101
003278
THE TRAVELERS - NAPERVILLE BI/PROP COMMERCIAL LIABILITY CLAIM 896D 90676827 P.O. BOX 3204 NAPERVILLE IL 60566-7204 SAO1 632
TRAVELERS i
DATE: 03/12/18 LOSS DATE: 02/27/18 CITY OF FLORISSANT FILE NUMBER: 028 AB FCC2750 R 955 RUE SAINT FRANCOIS ST FLORISSANT MO 63031 AGENT: CRANE\CHARLES L\AGENCY
ACCOUNT NAME: CITY OF FLORISSANT
THE CHARTER OAK FIRE INSURANCE COMPANY EXPLANATION OF PAYMENT
Collision $26474.00 TOTAL PAID $26474.00
35) Lt
yeA I(K
2016 DODGE DURANGO (315339) COLL DED 1000 FCC2750 -001
FOR ADDITIONAL INFORMATION, CONTACT: REBECCA HOGAN AT (630)961-7164 71001646 - DETACH CHECK DETACH CHECK
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TWENTY SIX THOUSAND FOUR HUNDRED SEVENTY FOUR AND OQ/l'OO PAY: $***26,474.00 RH1
CITY OF FLORISSANT TO THE 955 RUE SAINT FRANCOIS ST ORDER OF:FLOR.ISSANT MO 63O1 003278 SA01632
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1 INTRODUCED BY COUNCILWOMAN PAGANO 2 MARCH 26, 2018 3 4 BILL NO. 9377 ORDINANCE NO. 5 6 ORDINANCE AUTHORIZING AN AMENDMENT TO THE ZONING 7 CODE TO ALLOW FOR “CIGAR BAR” AS A SPECIAL USE IN THE HB 8 “HISTORIC BUSINESS” ZONING DISTRICT. 9 10 WHEREAS, Chapter 405, the Zoning Code, as amended, establishes within the City of 11 Florissant district classifications for the purpose of regulating their construction and use of land, 12 buildings and property within the said various districts, and said Ordinance provides the nature, 13 kind and character of buildings that may be erected in each of the said districts and the use to 14 which the land and buildings may be put; and 15 WHERAS, the Planning and Zoning Commission recommended approval of the addition 16 of Cigar Bars as a Special Use in an HB “Historic Business” zoning district at their meeting on 17 February 20, 2018 with additional requirements; and 18 WHEREAS, the Florissant City Council held a public hearing on March 12, 2018 and 19 March 24, 2018 to consider the matter; and 20 WHEREAS, the Florissant City Council believes it to be in the best interests of the 21 residents of Florissant to add Cigar Bars as a Special Use in an HB “Historic Business” District. 22 23 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FLORISSANT, ST. 24 LOUIS COUNTY, MISSOURI, AS FOLLOWS: 25 26 Section 1: Chapter 405.035 “Definitions” of the Zoning Code is hereby amended adding 27 the definition of “Cigar Bar” to read as follows: 28 29 CIGAR BAR 30 A business with a permit to sell alcoholic beverages that generates 25 percent or 31 more of its quarterly gross revenue from the sale of cigars and/or rental of humidor space, has a 32 humidor on the premises and does not allow minors to enter the premises. 33 34 Section 2: Chapter 405.161, “Historic Subsections” subsection D “HB” Historic 35 Business District, subsection 6 “Special Uses” is hereby amended by adding “Cigar Bar” with 36 the following stipulation: 37 38 1. Cigar Bar, provided that the City adopts am “Indoor Clean Air Code” that exempts a 39 Cigar Bar from the smoking prohibition. 40
1 Packet Page 87 of 101 BILL NO. 9377 ORDINANCE NO.
41 Section 3: This ordinance shall become in force and effect immediately upon its passage 42 and approval. 43 Adopted this ______day of ______, 2018. 44 45 ______46 Jackie Pagano 47 President of the Council 48 49 Approved this _____ day of ______, 2018. 50 51 ______52 Thomas P. Schneider 53 Mayor, City of Florissant 54 ATTEST: 55 56 ______57 Karen Goodwin, MMC/MRCC 58 City Clerk
2 Packet Page 88 of 101 Packet Page 89 of 101 1 MEMORANDUM
2 3 CITY OF FLORISSANT 4 5 6 To: P&Z Commissioners Date: January 18, 2018, rev. 1/30/18 7 8 From: Philip E. Lum, AIA-Building Commissioner cc: Louis B. Jearls, Jr.-P.E.PWLF 9 Director of Public Works 10 Applicant 11 File 12 13 14 Subject: Request recommended approval to amend the Zoning Code to allow for 15 ‘Cigar Bars’ in the ‘HB’ Historic Business District. 16 17 STAFF REPORT 18 CASE NUMBER PZ-020518-4 19 20 I. PROJECT DESCRIPTION: 21 22 This is a request for to the Planning & Zoning Commission to amend the Zoning Code to 23 allow for ‘Cigar Bars’ in the ‘HB’ Historic Business District. 24 25 II. EXISTING SITE CONDITIONS: 26 In the ‘HB’ District, see map attached, purpose of the Historic District and the list of 27 permitted and Special Uses: 28 29 Intent And Purpose. The intent and purpose of these regulations are as follows: 30 1. To preserve the historic features of the Old Town area and its aesthetic and cultural heritage as reflected 31 in the overall fabric of the area and the historic buildings designated by the Landmark 32 and Historic District Commission and contained within the districts. 33 2. To allow for the adaptation of the Old Town area to the economic and functional requirements of the 34 present and future development and redevelopment of the City of Florissant. 35 3. To provide an environment which will promote the future development of this area in a manner which is 36 both economically beneficial to the overall community and which complies with the guidelines established 37 under Section 405.250. 38 4. To encourage the use of this area for the public's education, welfare and pleasure. 39 40 HB" Historic Business District.
Packet Page 90 of 101 41 1. Use regulations. A building or lot within the "HB" Historic Business District shall be used only for the 42 following purposes; provided that, except as otherwise set forth herein, the uses do not allow adult 43 entertainment on the premises: 44 a. Permitted uses. 45 (1) Antiques. 46 (2) Apparel and accessories. 47 (3) Appliance store, repair and service. 48 (4) Bakery. 49 (5) Bank. 50 (6) Barbershop. 51 (7) Beauty shop. 52 (8) Bed and breakfast. 53 (9) Bookstore. 54 (10) Business and professional offices. 55 (11) Confectionary. 56 (12) Contractor office (with no storage of equipment or materials). 57 (13) Coin shop. 58 (14) Crafts and craft studio. 59 (15) Dance studio. 60 (16) Electrical, HVAC or plumbing contractor or sales and service conducted wholly within a building or 61 enclosed structure. 62 (17) Floral shop. 63 (18) Frame shop. 64 (19) Furniture and home furnishings. 65 (20) Glass shop. 66 (21) Hardware store. 67 (22) Interior design interior decorating. 68 (23) Jewelry store. 69 (24) Medical or dental office, clinics, pharmacies and services. 70 (25) Newspaper/news office. 71 (26) Museum. 72 (27) Musical instruments, music store and music studio. 73 (28) Photographer. (chemical processing prohibited) 74 (29) Printing shop. 75 (30) Restaurant or coffee shop (drive-through restaurants or coffee shops are specifically prohibited). 76 (31) Shoe repair. 77 (32) Sporting goods store. 78 (33) Tailor, alterations, dressmaking. 79 (34) Theater, auditorium and auction hall. 80 (35) Tobacco shop. 81 (36) Tourist information center. 82 (37) Parking lots and structures, when serving any of the permitted uses. 83 (38) Parks, playgrounds and community buildings owned and operated by public agencies. 84 (39) Public or parochial schools and private schools having a similar curriculum. 85 (40) Publishing. 86 (41) Residential uses, including: 87 (a) Single-family residential structures. 88 (b) Multi-family structures. 89 (c) Attached single-family dwellings or town houses. 90 (d) Mixed residential-commercial developments provided that the commercial uses shall be restricted to the 91 permitted uses in this district; provided that any residential uses shall comply with the standards and 92 requirements established for the like residential use within the "HR", "HD" or "HMD" Districts, unless less 93 restrictive provisions or requirements are otherwise established in this Subsection. Said standards shall 94 also include the regulations governing the exterior design of the buildings under Section 405.250. 95 (42) Temporary structures subject to the terms and conditions as set out in Section 405.235. 96 (Clothing/collection boxes are specifically prohibited.)
Packet Page 91 of 101 97 (43) Upon application and approval by the City, a permit authorizing outdoor sales may be issued for a 98 designated period of time, provided that the outdoor sales being conducted on the property is consistent 99 with the intent and purpose of the Historic District and the Historic District regulations. 100 (44) Wedding chapel. 101 102 Special use permits. The City Council may, by special permit, after public hearing and notice as provided 103 in Article VIII and subject to such protective restrictions that the Council may deem necessary, authorize 104 the location, extension or structural alteration of any of the following buildings or uses in an 105 "HB" Historic Business District: 106 a. Bicycle and bicycle repair shop. 107 b. Brewpubs. 108 [Ord. No. 8220 §9, 4-26-2016[1]] 109 [1]Editor’s Note: Section 9 also renumbered former Subsection (D)(6)(b) through (D)(6)(n) to (D)(6)(c) 110 through (D)(6)(o), respectively. 111 c. Carpet store. 112 d. Dry cleaners (dry cleaner plants prohibited). 113 e. Collectibles. 114 f. Retail food shop. 115 g. Massage business, provided that the licensing requirements of the City are met. 116 h. Ornamental iron shop. 117 i. Painting contractor. 118 j. Pest control service. 119 k. Pet grooming. 120 l. Sign company. 121 m. Upholstery or auto upholstery. 122 n. Mortuary. 123 o. Tavern, nightclub or cocktail lounge. 124 125 III. SURROUNDING PROPERTIES: 126 127 Varies- Will potentially affect any property in this District. 128 129 IV. STAFF ANALYSIS: 130 The applicant is taxed with the burden of proof for this petition to the Planning & Zoning 131 Commission. The petitioner should first seek the recommendation from LHDC. This 132 petition would encompass all properties in the HB District and allow for a cigar bar as the 133 petitioner proposes and a definition of said use. The following are cigar bars in operation 134 in the area: 135 136 City of St. Louis 137 Charles P. Stanley Cigar Lounge 138 1000 Washington Ave., Ste. C 139 St. Louis, MO 63101. 140 141 Herbie’s Vintage 72 142 405 North Euclid Ave. 143 St. Louis, MO 63108 144 145 The Famous Bar 146 5213 Chippewa St. 147 St. Louis, MO 63109-2355
Packet Page 92 of 101 148 149 Ritz Carlton Cigar Club 150 100 Carondelet Plaza 151 St. Louis, MO 63105 152 153 Brennan’s 154 4659 Maryland Ave. 155 St. Louis, MO 63108 156 157 Emporium 158 6254 Delmar Blvd 159 Saint Louis, MO 63130 160 161 Gran Cru Cigars 162 1013 Ann 163 Saint Louis, MO 63104 164 165 The Hill Cigar Co 166 5360 Southwest Ave 167 Saint Louis, MO 63139 168 169 Jr Cigars 170 4 N Central Ave 171 Saint Louis, MO 63105 172 173 Arcades Market 174 4664 South Grand Blvd 175 Saint Louis, MO 63111 176 177 Ferguson 178 Montrey’s 179 401 S Florissant Rd 180 Ferguson, MO 63135 181 182 Sunset Hills 183 66 Cigar 184 3860 S Lindbergh Blvd 185 Sunset Hills, MO 63127 186 187 Chesterfield 188 Smoking Hot Cigars 189 112 Chesterfield Commons Rd E 190 Chesterfield, MO 63005 191 Definition: “CIGAR BAR-
Packet Page 93 of 101 192 A business with a permit to sell alcoholic beverages that generates 25 percent or more of 193 its quarterly gross revenue from the sale of cigars and/or rental of humidor space, has a 194 humidor on the premises and does not allow minors to enter the premises.” 195 196 South County 197 Alcorn Cigars 198 8984 Watson Rd 199 Saint Louis, MO 63119 200 201 County Ordinance: Staff contacted the County regarding their ordinance 605, which 202 governs when a municipality has not adopted its own ‘Clean Air Act’. Under the current 203 County Ordinance, exemptions for a cigar bars are not possible after 2012. Until such 204 time that the City Adopts its own Clean Air Ordinance, smoking inside is prohibited. At 205 this time, Mr. Henke, Alderman Ward 6 has authorized staff to research other city 206 smoking ban ordinances in an effort to draft new legislation which would allow 207 exemptions for smoking inside. See copy of County Ord. 605 attached. 208 209 Other establishments: 210 This petition is directed solely for the inclusion of cigar bars only in HB and no other 211 smoking establishments or specialized smoking rooms, i.e. Hooka, establishments who 212 sell smoking products having sampling rooms, etc. which may or may not be covered by 213 a new municipal ordinance. 214 215 VI. STAFF OBSERVATIONS/RECOMMENDATIONS: 216 1. A review of the Comprehensive Plan for the City amended 2004 by PGAV 217 reveals that the existing land use of all HB Districts is “Commercial”. It does not 218 address specific uses. 219 2. Although this petition could achieve the goals of this petitioner, it would also 220 allow anyone else to petition to have a cigar bar anywhere else in the City in a 221 ‘HB’ District, only. 222 3. This petitioner presents a choice to the Commission: 223 a. Should a cigar bar be a Special Use in this district? 224 4. Suggested motion: I move to recommend to recommend approval of amending 225 the zoning code, Section 405.161, to allow ‘cigar bars’ as a Special Use, subject 226 to the protective restrictions that the Council may deem necessary and the 227 following: 228 a. Definition: Cigar bars shall be defined as: “A business with a permit to 229 sell alcoholic beverages that generates 25 percent or more of its quarterly 230 gross revenue from the sale of cigars and/or rental of humidor space, has a 231 humidor on the premises and does not allow minors to enter the premises.” 232 b. Cigar bars as a Special Use shall not be included in the zoning code until 233 such time as the City of Florissant adopts its own ‘Clean Air Act’ which 234 would supersede County Ordinance 605 and would allow smoking inside 235 at establishments such as a Cigar Bar as exemptions under the new City 236 Ordinance. 237 (end report and suggested motion)
Packet Page 94 of 101 Packet Page 95 of 101 1 INTRODUCED BY COUNCIL AS A WHOLE 2 MARCH 26, 2018 3 4 BILL NO. 9378 ORIDNANCE NO. 5 6 AN ORDINANCE AMENDING TITLE II OF THE FLORISSANT CODE OF 7 ORDINANCES BY ADDING A NEW CHAPTER 250 “INDOOR CLEAN AIR 8 CODE” 9 10 WHEREAS St. Louis County passed a Clean Air Act, Chapter 605; and 11 WHEREAS The City Council of the City of Florissant believes that in the interest of 12 pubic health, safety and welfare of the residents of the City of Florissant, legislation should be 13 passed to decrease exposure to secondhand smoke; and to create smoke-free environments for 14 workers, patrons and visitors to places of employment and all other public places within the City. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: 18 Section 1: Title II: Public Health Safety and Welfare is hereby amended by adding a new 19 Chapter 250 “Indoor Clean Air Code” to read as follows: 20 21 250.010 Purpose 22 It is the purpose of this chapter to promote the health, safety and welfare of the residents of the 23 City of Florissant by decreasing exposure to secondhand smoke; and to create smoke-free 24 environments for workers, patrons and visitors to places of employment and all other public 25 places within the City. 26 27 250.020 Definitions 28 29 The following words, terms and phrases, when used in this chapter, shall have the meanings 30 ascribed to them in this section, except where context clearly indicates a different meaning: 31 32 Business: A sole proprietorship, partnership, joint venture, corporation, or other business entity, 33 either for-profit or not-for-profit, including retail establishments where goods or services are 34 sold; professional corporations and other entities where legal, medical, dental, engineering, 35 architectural, or other professional services are delivered, and private clubs. 36 37 Casino gaming area: the area of a state-licensed gambling facility where gaming is allowed for 38 those 21 years of age and older, including any VIP lounge accessible only through the game 39 floor, whether or not gaming is allowed in the VIP lounge. 40
Packet Page 96 of 101 41 Cigar Bar: A business with a permit to sell alcoholic beverages that generates 25 percent or 42 more of its quarterly gross revenue fro the sale of cigars and /or rental of humidor space, has a 43 humidor on the premises and does not allow minors to enter the premises. 44 45 Drinking Establishment: any business with a valid license issued by the City (pursuant to 46 Chapter 600 “Alcoholic Beverages”) to sell intoxicating liquor by the drink or to sell beer and 47 light wine by the drink whose on-site sales of food for consumption on the premises comprises 48 no more than 25% of gross sales of food and both alcoholic and non-alcoholic beverages on an 49 annual basis. 50 51 Employee: any person who performs services for an employer, with or without compensation. 52 53 Employer: A person, partnership, association, corporation, trust or other organized group of 54 individuals, including the City or any agency thereof, which utilizes the services of at least one 55 employee. 56 57 Enclosed area: A space bound by walls (with or without windows) continuous from the floor to 58 the ceiling and enclosed by doors, including , but not limited to offices, rooms, all space therein 59 screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or 60 similar structures and hallways. 61 62 Permanently designated smoking room: A hotel or motel room that may be designated as a 63 smoking room, with such designation being changeable only one time a year. 64 65 Place of employment: Any enclosed are under the control of a public or private employer which 66 employees normally frequent during the course of employment, including, but not limited to 67 work areas, employee lounges and restrooms, conference rooms and classrooms, employee 68 cafeterias and hallways. A private residence is not a “place of employment” unless it is used as a 69 childcare, adult day care or health care facility. 70 71 Private club: A not-for-profit organization incorporated under the laws o the State of Missouri 72 for fraternal or social purposes or for a congressionally chartered veterans organization, which 73 has a defined membership and restricts admission to members of the club and their guests. 74 Private club shall not include an establishment that is generally open to members of the general 75 public upon payment of a fee. A private club shall not be considered a “public place” except 76 when it is in the site of a meeting, event or activity that is open to the public. 77 78 Public place: any enclosed or other area to which the public is invited or in which the public is 79 permitted, including, but not limited to banks, educational facilities, reception areas, health 80 facilities, laundering facilities, public transportation facilities, production and marketing 81 establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private 82 residence is not a “public place” unless it is used as a child care, adult day care or a health care 83 facility. 84 85 Restaurant: An eating establishment including, but not limited to coffee shops, cafeterias 86 sandwich stands and private and public school cafeterias, which provides food to the public,
Packet Page 97 of 101 87 guests or employees, and well as kitchens and catering facilities in which food is prepared on the 88 premises for serving elsewhere. The term “restaurant” shall include a bar and lounge area within 89 the restaurant. 90 91 Service line: Any indoor or outdoor line at which one (1) or more persons are waiting for or 92 receiving service of any kind, whether or not such service involves the exchange of money. 93 94 Shopping mall: an enclosed public walkway or hall area that serves to connect retail or 95 professional establishments. 96 97 Smoking: Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or 98 other tobacco product. 99 100 Sports Arena: Sports pavilions, gymnasiums, health spas, boxing arenas, outdoor and indoor 101 swimming pools, outdoor athletic fields, outdoor and indoor roller and ice skating rinks, bowling 102 alleys and other similar places where members of the general public assemble either to engage in 103 physical exercise, participate in athletic competition or witness sports events. 104 105 250.030 Prohibition of smoking in enclosed places of employment and other public 106 places. 107 108 1. It shall be unlawful for any person within an enclosed place of employment to 109 possess lighted or heated smoking materials in any form, including but not limited 110 to the possession of lighted or heated cigarettes, cigars, pipes or other tobacco 111 products. 112 2. It shall be unlawful for any person within an enclosed public place , or within any 113 other places hereinafter specified, to possess lighted or heated smoking materials 114 in any form, including but not limited to the possession of lighted or heated 115 cigarettes, cigars, pipes or other tobacco products, including but not limited to the 116 following places: 117 118 a. Elevators in public buildings. 119 b. Restrooms in public buildings. 120 c. Libraries, educational facilities, childcare and adult day care facilities, 121 museums, auditoriums, aquariums an dart galleries; 122 d. Any health care facility, health clinic or ambulatory care facilities, including, 123 but not limited to: laboratories associated with the rendition of healthcare 124 treatment, hospitals, nursing homes, doctors offices and dentists offices. 125 e. Any indoor place of entertainment or recreation, including, but not limited to 126 gymnasiums, theaters, concert halls, bingo halls, arenas and swimming pools. 127 f. Service lines. 128 g. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, 129 musical recital or other similar performance. 130 h. Shopping malls or retail establishments. 131 i. Indoor and outdoor sports arenas. 132 j. Restaurants, including lounge and bar areas, except outdoor dining areas.
Packet Page 98 of 101 133 k. Convention facilities. 134 l. All indoor public areas and waiting rooms of public transportation facilities, 135 including but not limited to bus and mass transportation facilities. 136 m. Many other area used by public or serving as a place of work. 137 n. Every room, chamber, place of meeting or public assembly, including school 138 buildings under the control of any board, council, commission, committee, 139 including but not limited to joint committees, or agencies of the City or any 140 political subdivision of the state during such time as a public meeting is in 141 progress, to the extent such place is subject to the jurisdiction of the City. 142 o. All enclosed areas owned by the City. 143 p. Rooms in which meetings or hearings open to the public are held, except 144 where such rooms are in a private residence. 145 q. Sidewalks, driveways and other open areas within fifteen(15) feet of the entry 146 to any building owned or occupied by any governmental entity, or within 147 fifteen (15) feet of the entry to any building open to the public; provided, 148 however, that this entryway prohibition shall not apply within outside dining 149 areas where smoking is permitted or to entries that are located less than fifty 150 (50) feet from another public entry. 151 152 3. It shall be unlawful to dispose of smoking waste, or to place or maintain a 153 receptacle for smoking waste, in an area in which smoking is prohibited under this 154 chapter. 155 156 250.040 Responsibilities of proprietors, owners and managers 157 158 1. It shall be unlawful for any person having control of a place listed in this chapter 159 knowingly to permit, cause, suffer or allow any person to violate the provisions of 160 this chapter. It shall be an affirmative defense to an alleged violation of this 161 subsection that the person having control of a place has asked that he lighted or 162 heated cigarette, cigar, pipe or other tobacco product be extinguished and asked 163 the person to leave the establishment if that person has failed or refused to 164 extinguish the lighted or heated cigarette, cigar pipe or other tobacco product. 165 2. A person having control of a place shall clearly and conspicuously post “No 166 Smoking” signs or the international “No Smoking” symbol (consisting of a 167 pictorial representation of a burning cigarette enclosed in a red circle with a red 168 bar across it) near all entrances where smoking is prohibited pursuant to this 169 chapter. Such signage shall consist of letters no less than one inch in height. 170 3. It shall be the responsibility of employers to provide smoke-free workplaces for 171 all employees. 172 4. All employers shall supply a written copy of the smoking policy upon request to 173 any existing or prospective employee. 174 175 250.050 Declaration of establishment as non-smoking. 176 177 Notwithstanding any other provisions in this chapter, an owner, operator, 178 manager, or other person in control of an establishment, facility, or outdoor area
Packet Page 99 of 101 179 may declare that entire establishment, facility or outdoor area as a non-smoking 180 place. No person shall smoke in places so declared and posted with signs 181 pursuant to Section 250.040. 182 183 250.060 Exceptions 184 185 Notwithstanding any other provision of this chapter to the contrary, the following 186 shall not be subject to the smoking restrictions of this chapter: 187 188 a. Private residences, not serving as enclosed places of employment or 189 enclosed public places. 190 191 b. Private clubs. 192 193 c. Performers on stage in a theatrical production, where smoking is required 194 as part of the production. 195 196 d. Private and semi-private rooms in nursing homes and long-term care 197 facilities, the residents of which are all smokers and have all requested the 198 management of the facility to be placed in a room where smoking is 199 permitted. 200 201 e. Retail establishments in which food is not prepared on the premises and 202 where more than 60% of the volume of trade or business carried on is the 203 sale of tobacco and tobacco-related products. 204 205 f. Permanently designated smoking rooms, not to exceed twenty percent of 206 the guest rooms. 207 208 g. Cigar bars, provided that the smoke does not infiltrate into areas where 209 smoking is otherwise prohibited. 210 211 h. Casino gaming areas. 212 213 i. Drinking establishments which are in operation on or before the effective 214 date of this chapter, provided, however, that no smoke infiltrates into areas 215 where smoking is otherwise prohibited, and further provided that each 216 such drinking establishment has posted in a place visible to the public 217 from its exterior a certificate of exemption issued by the City pursuant to 218 Section 250. 219 220 Section 2: This ordinance shall become in full force and effect immediately upon its passage 221 and approval as provided by law.
Packet Page 100 of 101 222 223 ADOPTED THIS ____ DAY OF ______, 2018 224 225 ______226 Jackie Pagano 227 Council President 228 APPROVED THE ____ DAY OF ______, 2018 229 230 ______231 Thomas P. Schneider 232 Mayor 233 234 235 ATTEST: 236 ______237 Karen Goodwin, MMC, MRCC 238 City Clerk
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