The meeting was called to order by Mayor Jones at 7:02 p.m. 

The Pledge of Allegiance was given.

The Minutes of the July 28, 2003 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Gatton to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

MIDWEST WASTE 

Midwest Waste Representative Tony Lamantia said he suggests that the May bill for recycling that was sent to the City be credited and the residents would be billed for the May recycling service.  Since the ordinance was approved on April 28, the May bill had already been sent to the City.  There will be an explanation to the residents in the mailing regarding the back billing fee of $2.19 for May.  He said the City was billed for May but the residents were not.  Alderman McDowell said the City can pay the bill or the residents can be back billed $2.19.  The total bill is $21,247.38.  Alderman Easter and Alderman McDowell suggested the City pay the $21,247.38 and the resident billing would start on June 1.  Alderman Anderson agreed. 

A motion was made by Alderman Easter and seconded by Alderman McDowell for the City of Ballwin to pay the $21,247.38 Midwest Waste May recycling bill and the residents be billed for the service starting June 1.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

Alderman Gatton asked if any progress has been made on the website to do a link to Ballwin’s website.  Mr. Lamantia said there is a customer service website that is operational.  This has been tested and is working well.  Residents with e-mail capability can report missed pickups through the e-mail. 

Mr. Lamantia said the state of Illinois has passed a landfill tax increase.  Since all of the Ballwin trash is transported to the Roxanna, Illinois landfill, this will increase the invoice by 15¢ per month per residence effective July 1.  City Attorney Lucchesi said an ordinance is not necessary because the contract has a provision allowing such costs to be passed along. 

CITIZEN COMMENTS 

Doug Harris, Elmchrest Drive:  Mr. Harris said the primary issue for the residents whose properties adjoin the North Pointe Aquatic Center is security and privacy.  He thanked Aldermen Robinson and Anderson and Mayor Jones for coming to their property and looking at the situation.  He said people have been walking through their yards, dogs have almost been let out, cans thrown into their yards, much disruption in their lives.  He asked the Board to decide if their privacy and security is as important as the generator of revenue for the City. 

Steve Lekitch, 1035 Camargo:  Mr. Lekitch said since December, 2002, he has called to the attention of the Board the maintenance and violation of ordinances at 913 Camargo and 1058 Kehrs Mill.  These are repeat offenders of not maintaining the property or running a business from the property.  He said 913 Camargo was cited and given until the end of July.  They are still in violation, there have been 2 court dates assigned, and they have not appeared before the judge.  He would like something to be done about repeat offenders.  At 1058 Kehrs Mill, a construction trailer for a yard business is parked.  This is obtrusive to the neighborhood.  He suggested that the language be changed in the ordinance to make second notices easier to enforce to obtain lasting results.  Mayor Jones said Ballwin doesn’t have the authority to drag someone out of their house for a maintenance violation.  Mr. Lekitch asked what can be done to give the leverage to make an ordinance effective in order to stop repeat offenders.  He said a new 30-day cycle of notifications should not start each time the City is notified of the same residence with the same violation. 

Alderman Robinson said he understands and agrees with what Mr. Lekitch is expressing.  It seems that in almost every subdivision, there is a homeowner that doesn’t keep their property up to neighborhood standards and in compliance with Ballwin’s ordinances.  He suggested that this be referred to the Public Health and Safety Committee to consider revisions to the ordinance to increase fines and notification procedures to speed up the process for repeat offenders to fast track this into the court.  Perhaps a notice could be given to the Judge and Prosecutor that will let them know that this offender has been before the court 2, 3, or 4 times in the last year or however many years pertains to this homeowner.  The Judge would then have the opportunity to take stronger action.  This isn’t the first time that Mr. Lekitch has complained about these residences.  Mr. Lekitch said he has lived in this neighborhood for 8 years, he has been complaining for 6 years about this, and for the last year, he has attended Board of Aldermen meetings and requested help with this situation.  If the ordinance needs to be tweaked to word the ordinance in a manner that it will be beneficial, then he is willing to help. 

Alderman Lembke expressed agreement with Alderman Robinson.  He thinks the ordinances should be strengthened to provide staff with the tools needed to help reduce the repeat offender situation. 

Alderman McDowell said the City cannot administer a stiffer fine.  This would be up to the Court to determine the fine.  The City could tighten the ordinance but the fine would still be at the discretion of the court.  Mayor Jones said a letter of notification of violation is the first step in the process.  At some point, when is the City going to stop sending notifications requesting compliance?  When can it immediately become a complaint that lands in municipal court?  He said $1,000 is the maximum fine but the amount of the fine would be determined in the Court.  Alderman Anderson said this should be referred to the Public Health and Safety Committee for further consideration and discussion. 

Alderman Buermann said that the two problems of most concern are repeat offenders and trying to get a repeat offender with a higher fine for the 2^nd, 3^rd, 4^th, and 5^th violation.  He asked City Attorney Lucchesi to review the City of Chesterfield ordinance. 

William Caufield, 602 Rue Montand:  Mr. Caufield said on August 15, he forwarded to the Mayor and Board of Aldermen a Resolution that was signed by all but 2 of the residents of Barcelona Subdivision in which there are 48 houses.  They are strongly opposing the Town & Country Commercial Development known as Town & Country Crossings adjacent to their subdivision.  There will be a Target store of about 125,000 square feet, another large area of 75,000 square feet, and some smaller stores and small restaurants.  He said this would include 2,843 parking spaces.  The current estimate by their own traffic consultant is that it would be putting about 900 cars per hour coming and going in the afternoon and early evening on Clayton Road and surrounding roads.  He said since the residents in the area are heavily dependent on Clayton Road and Henry for daily travel, they are opposed to this development.  He asked the Board to publicly and formally oppose this development.  He said an organization has been formed called “Neighbors For Responsible Development – Town & Country Crossing”.  A lawyer has been hired to represent this organization.  Mayor Jones said that he does not see the Ballwin Board of Aldermen passing a resolution either in favor or against a development in a neighboring city. 

Peggy McCain, 550 St. Josephs Drive:  Mrs. McCain spoke about the Multiplex property.  She said the homeowners in her neighborhood don’t care if the property is residential or industrial as it is now.  Multiplex has always been a good quiet neighbor.  The homeowners are requesting that any development on the site be neighborhood friendly because it is located in the middle of a residential area, and that it stays with the same characteristics of the neighborhood. 

Cindy Jones, 82 Breezeview Drive:  Mrs. Jones said spoke in favor of the Ballwin Swim Team and Staff at the North Pointe Aquatic Center.  She complimented the professionalism and follow-through of Susie Boone, Katie Phelps, and Adam Kilker.  She said they have supported the swim team with enthusiasm and assistance far beyond what has ever been done in the past.  She asked that the Board get in touch with these employees to let them know that they are doing a good job.  She said there were 220 children that participated on the swim team with no complaints at the end of the season. 

It was the consensus of the Board that City Administrator Kuntz send a letter to these employees thanking them for the good job they have done over the course of the season.  The City appreciates a great job. 

None. 

BILL # 3246 - AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CITY OF CLARKSON VALLEY, MISSOURI, FOR RENDITION OF POLICE SERVICES AND AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE SAME ON BEHALF OF THE CITY OF BALLWIN. 

A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a first reading of Bill No. 3246.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3246 was read for the first time. 

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3246.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3246 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3246 with the following results:  Ayes –Robinson, Lembke, Easter, Suozzi, Buermann, Anderson, McDowell, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3246 approved and it became Ordinance No. 03-41. 

BILL # 3247 - AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING SECTION 15-482 SCHEDULE G ENTITLED LIMITED PARKING. 

A motion was made by Alderman Anderson and seconded by Alderman Lembke for a first reading of Bill No. 3247.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3247 was read for the first time. 

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3247.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3247 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3247 with the following results:  Ayes – Buermann, Lembke, Easter, Robinson, Suozzi, Anderson, Gatton, McDowell.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3247 approved and it became Ordinance No. 03-42. 

BILL # 3248 - AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING SECTION 15-478 SCHEDULE C ENTITLED TURNS RESTRICTED. 

A motion was made by Alderman Robinson and seconded by Alderman Gatton for a first reading of Bill No. 3248.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3248 was read for the first time. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3248.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3248 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3248 with the following results:  Ayes –Lembke, McDowell, Robinson, Anderson, Easter, Buermann, Gatton, Suozzi.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3248 approved and it became Ordinance No. 03-43. 

BILL # 3249 - AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING SECTION 15-482 SCHEDULE G ENTITLED PARKING PROHIBITED AT ALL TIMES IN THE CITY OF BALLWIN. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3249.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3249 was read for the first time. 

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3249.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3249 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3249 with the following results:  Ayes –Buermann, Easter, Lembke, Anderson, Robinson, Suozzi, Gatton, McDowell.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3249 approved and it became Ordinance No. 03-44. 

BILL # 3250 - AN ORDINANCE GRANTING AN AMENDMENT TO THE SITE DEVELOPMENT PLAN, APPROVED VIA ORDINANCE NO. 1807 PASSED ON APRIL 14, 1986, TO DICK DEAN ECONOMY CARS FOR A SPECIAL USE EXCEPTION FOR FRONT YARD PARKING AND THE OUTDOOR DISPLAY AND STORAGE OF MOTOR VEHICLES. 

Mayor Jones said this was on the agenda of the Planning & Zoning Commission on August 2, 2003.  The commission members present voted unanimously to recommend approval of this petition provided that Mr. Dean abide by all provisions of the previous Special Use Exception and construct the parking lot as required along Steamboat to prevent storage parking of vehicles on the sidewalk. 

A motion was made by Alderman Easter and seconded by Alderman Anderson for a first reading of Bill No. 3250.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3250 was read for the first time. 

Alderman Suozzi raised the issue of parking on the sidewalk along Steamboat Lane.  She noted specific times when she observed Dick Dean’s cars parked on the sidewalk.  The sidewalk is not constructed to withstand that much weight and is not intended for this purpose.  The Special Use Exception passed in 1986 was never fully complied with.  It stated that parking chucks were to be placed along their parking lot as the cars are facing Steamboat to prevent those cars from being driven over the sidewalk.  This needs to be enforced.  The first S.U.E. specified a landscaping strip.  She said the landscaping should be between the Steamboat Lane pavement and the Steamboat side of the sidewalk.  The sidewalk is completely destroyed and will have to be rebuilt for the storm water system that is being put in so that the parking lot drains properly.  This is a good time for the original S.U.E. to be enforced and prevent parking on the sidewalk. 

Alderman Gatton said that when the property that is now the used car facility on the corner of Coral Terrace and Manchester Road was acquired, it was stressed that Dick Dean do not park cars along Coral Terrace.  Cars are constantly parked on this street also.  Alderman McDowell was in agreement with Alderman Suozzi and Alderman Gatton.  He said both Special Use Exceptions have not been fully complied with. 

Mayor Jones asked if a representative from Dick Dean was present.  Paul Hanson, CRM Engineering, said parking bumpers are going to be installed 4 feet from the sidewalk and will even prevent the overhanging of cars onto the sidewalk.  He said the sidewalk will be replaced with 6-inch concrete, 5-feet wide and the construction of the storm sewer.  He also suggested no parking signs to prevent customers from parking on the sidewalk. 

Alderman Robinson said he would like to talk with a Dean representative.  Alderman McDowell agreed and said most of the offenders have been from the Dean Team and would like to talk to a representative from the company at the next Board meeting on September 8.

Mayor Jones said that since this ordinance has not been read a second time, it can be postponed until September 8 to make a final decision.  There are a number of conditions that the Board has to satisfy itself have been met. 

Alderman Lembke said that another issue for resolution is how the transports can be stopped from unloading cars onto the sidewalk and for the transport itself to not park on the sidewalk while unloading vehicles. 

Mayor Jones said that Dick Dean has always been a good business resident of this City.  This is a negligent act and not an intentional act.  A meeting with a company representative will help eliminate any misunderstanding. 

A. Melanie Meadows Fence

B. Salt

C. Boundary Adjustment

D. Fingerprinting Fees

E. M.E.G. 

Alderman Suozzi asked for Item A, Melanie Meadows Fence, to be removed for further discussion. 

A motion was made by Alderman McDowell and seconded by Alderman Anderson to adopt consent items B through E.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

Melanie Meadows Fence:  Assistant City Administrator Aiken explained that when the Ries Road extension was built, a parcel of land adjacent to the Brown’s house was granted to the City of Ballwin for right-of-way when the David Harrisno Farm subdivision was developed.  Only a portion of this parcel was needed for the roadway, and a portion of the parcel remains along the Brown’s east property line.  The Browns have requested that they be allowed to place a fence just inside the sidewalk on this remnant parcel owned by the City of Ballwin.  He said that since this is a small piece of property about a 600 or 700 square feet triangle.  It doesn’t offer much useful potential for the City of Ballwin.  Perhaps the best solution would be to vacate this property to the Browns.  They could then erect a fence and there would be no problems with City ownership.  A similar situation occurred when the intersection of Hillsdale and Coronet was rebuilt.  The excess right-of-way was vacated to the adjoining property owners. 

Alderman Suozzi said that if this is vacated to the Browns, the stipulation should be that there are no sight problems with the fence as vehicles are exiting Melanie Meadows so that there are no safety issues. 

Assistant City Administrator Aiken said one of the things that would be reviewed before issuing a front yard fence permit would be the line of sight issue. 

Alderman Robinson said even though this is not in his ward, he said he is against this.  He is against any fence that goes right up to the sidewalk.  He pointed out that in his ward along Baxter, in 50% or more of the homes that have fences right up to the sidewalk except for one foot, the grass area or “weed” area that is their property and outside of the fence is overgrown with weeds and has trash accumulation.  This area does not get taken care of.  The people who live on the corner lot at Melanie Meadows will most likely take care of the property inside the fence and not take care of the property on the outside of the fence.  The weeds will be 2 feet high.  Looking at Baxter as the prototype, there will be a series of un-maintained fences that are dilapidated and falling down. 

Alderman McDowell said there are other well-maintained fences in that area and he has no problem with this.  Alderman Suozzi said this home was impacted by the Ries Road construction.  The road wasn’t there before and now it is and they are even closer to it. 

Mayor Jones said it would be a mistake to allow a resident to place a fence in the right-of-way and have the fence not belong to the City.  He thinks the property should be vacated or the fence not allowed.  He suggested that a motion be made to prepare legislation for consideration.  At that time the negative and positive votes will determine if the proposal to vacate passes or not. 

A motion was made by Alderman Easter and seconded by Alderman McDowell to prepare legislation to vacate the parcel.  A voice vote was taken with 7 aldermen voting yes, and Alderman Robinson voting no.  The motion was declared passed. 

Planning & Zoning Appointment:  Mayor Jones said there is one seat open on the Planning & Zoning Commission.  He recommended appointment of Terry Byatt to fill the open seat on the Planning & Zoning Commission at the next meeting on October 6.

A motion was made by Alderman Robinson and seconded by Alderman Easter to appoint Terry Byatt to the Planning & Zoning Commission.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

North Pointe Aquatic Center:  Mayor Jones announced that the outdoor pool, North Pointe, is currently open between 4:30 and 7:30 p.m. due to the lifeguards returning to school schedules.  North Pointe will be open from Saturday and Sunday from 11:30 a.m. – 7:30 p.m.  Due to the pool having a shortened season because of construction, it will be open an extra weekend on September 6 and 7 from 11:30 a.m. – 7:30 p.m. 

National League of Cities Convention:  Mayor Jones said this is scheduled for December 9-13 in Nashville, Tennessee.  Usually at least 1 or 2 representatives from this Board attend the convention.  Any Aldermen interested in attending should contact City Administrator Kuntz. 

ELMCREST ISSUES:  Mayor Jones said the Board has been provided with estimates for black vinyl coated chain link fences for 4 and 6-foot heights, and white vinyl fence with and without lattice work, historical information including the most recent letter of July 20 from the five affected property owners, and the comments made by Mr. Harris this evening. 

Alderman Anderson said he would like estimates for a 6-foot privacy wood fence with lattice work on the top.  Mr. Doug Harris said Chesterfield Fence Company gave a quotation.  Vinyl fencing is considerably more expensive.  A quotation was given for high quality wood with a 25-year guarantee.  It was approximately $4,000 per family.  This was 60% of the vinyl fence cost.  Chain link would give the security but not privacy.  Mr. Harris said that chain link fencing would not be adequate. 

Alderman Lembke said he does not understand the privacy issue.  He said he has observed from various locations that there is only one backyard that he could see into.  Mr. Harris said that the backyards of 3 of the 5 properties are visible from the parking lot.  Alderman Lembke asked how this is a privacy issue from the time the pool closes on September 8 to the time it opens again in May.  Mr. Harris said the elevation of the facility has been raised considerably at the pool so the adjacent residents must look at a structure that had not been there before. 

Alderman Suozzi would like to see landscaping put in instead of a fence.  There is an area where the landscaping must be removed to install a fence.  She asked if there is any flexibility to combine landscaping and fencing. 

Alderman Robinson said there have been some disrespectful teenagers cutting through the properties.  He said the pool season is only 11 weeks but the intrusion and lack of privacy is very frustrating.  Landscaping could be attractive, but the disrespectful teenagers are going to do what they want regardless of the landscaping. 

Alderman Anderson said he believes a privacy fence is needed and something that will help with the noise.  He said he has been in their backyards and realized that these residents have to look at the pool structures.  He recommends that the Board consider taking action on a 6-foot wood fence with lattice work on the top for all 5 families.  One of the families already has a fence and the fence is on city property.  Alderman Robinson said this fence could remain and be extended.  Alderman Gatton said the City cannot construct a fence on private property and the City maintain it.  Mayor Jones said that this is why the City would be better off making an allowance for each property owner and letting each erect their own fence.  Alderman Robinson said the most economical way to best satisfy everyone is for the fence to be on the residents property and it would be their fence. 

Alderman Robinson said he will meet with the homeowners to develop a comprehensive plan to present to the Board for approval or disapproval.

Alderman Lembke said he is not in favor of picking a number of $4,000 at this meeting without an evaluation by the residents and allowing them to solicit bids.  The grade of the property could affect the price of each fence.  Alderman Robinson said if each homeowner was granted the same dollar amount, it could be unfair to some of the property owners. 

Mayor Jones said the lighting shields have been ordered to deflect the perimeter lighting.  Other items for discussion are fencing, retaining walls on the park property, trees and shrubbery, and courtesy memberships. 

Alderman Gatton asked about retaining walls.  Mayor Jones said retaining walls will not be necessary if the fence is on private property, but it will be necessary if the fence is on city property.  Alderman Robinson said that trees and shrubbery will not have to be addressed because it has been determined that a fence is the remedy. 

Alderman Robinson said courtesy memberships will not have to be discussed because there are only 2 weeks left in the season.  Mrs. DiFelice said the courtesy memberships could be granted for next year.  Alderman Suozzi said this is the most controversial item of them all.  She is not in favor of granting courtesy memberships because this has not been done for other residents in similar situations.  Alderman Easter agreed that this is not a precedent that the Board should set.  Alderman Robinson said he thinks courtesy memberships should be granted to these residents.  He said Ward 3 has more residents that border on city facilities than any other ward.  There are more residents that are inconvenienced by intrusion on their property.  He mentioned the residents around the golf course, tennis courts, outdoor pool.  He said these residents should be thanked for the inconvenience they put up with.  Alderman Lembke said he is reminded by Ward 4 residents that they don’t have these facilities in their ward and why not.  Alderman Robinson said that if these facilities were constructed in Ward 4, the homeowners would then be complaining about all of the same intrusions that the Ward 3 residents are experiencing, and the Board would then consider doing something like courtesy memberships to thank them for their inconvenience. 

Alderman Easter asked about the residents whose property backs up to commercial areas.  What should be done for those residents for their inconvenience?  They are looking at something a lot worse than a swimming pool. 

A motion was made by Alderman Robinson and seconded by Alderman Anderson to grant the residents adjoining the North Pointe pool a one-year courtesy membership for 2004.  A voice vote was taken with the following result:  Ayes:  Aldermen Robinson.  Nays:  Aldermen Easter, McDowell, Buermann, Suozzi, Anderson, Gatton, Lembke.  Mayor Jones said the motion failed by a vote of 7 no votes and 1 yes vote. 

Alderman Lembke suggested to the Elmcrest residents that they carefully consider whether or not to install a gate on their fence.  He said that when he was trustee in Westglen Village, a 680 foot long fence was replaced and one homeowner wanted a gate installed.  The gate was constantly being torn up and broken into.  After frequent repairs, the gate was removed and a solid section of fence installed. 

None. 

Alderman Suozzi suggested creating a discounted rate for the North Pointe at this time since the hours are reduced from 4:30 p.m. – 7:30 p.m. during the last 2 weeks of the season.  She said prior to the last 2 weeks, someone could be at the pool for 5 or 6 hours for the same price and now the hours are reduced to 3 hours. 

Ramsey Lane left turns onto Manchester Road:  Alderman Easter asked about the information provided regarding left turn from Ramsey Lane onto Manchester Road.  Police Chief Biederman said this report was just to let the State and City Administration know that there is a problem.  Most of the accidents have been identified as inattention by the driver.  She asked about the impact of prohibiting left turns from Ramsey Lane onto Manchester Road.  Police Chief Biederman said left turns are already prohibited from Old Ballwin Road onto Manchester.  This will force the traffic through other subdivisions and neighborhoods.  Alderman McDowell said traffic would have to go to Ries Road or New Ballwin Road to turn left onto Manchester.  Alderman Easter said she would like to know what the traffic implications would be of limiting left turns. 

Assistant City Administrator Aiken said the State has indicated that they may grant some clear left turn time coming out of Ballwin Plaza, which would help the flow of traffic out of the plaza and reduce a similar but more frequent accident problem in front of Schnucks at Ballwin Plaza. 

No Smoking:  Alderman Easter said in Springfield, Missouri, they had banned smoking in restaurants.  The restaurant owners are coming back to the City Council asking them to change this because they have lost 20% of their business because of not being able to have the smokers in the restaurant.  Alderman Gatton said in Springfield, the ordinance states that if a restaurant is 45 or 50 seats, and more than 50% of their revenues is from alcohol, they are not considered a restaurant.  If they serve alcohol, they are required to set aside a minimum number of seats.  They were permitted to allow smoking if they served alcohol.  There is a new proposal that may change that over a period of years.  Alderman Buermann said an article in the “St. Louis Post-Dispatch” said that the Springfield City Council is going to look into the matter.  If the business could prove that the loss was 35%, the City would work with them over a 3-year period of time. 

Alderman Gatton suggested that this issue be studied, that modifications to the existing ordinances be made or add ordinances as appropriate.  He doesn’t want restaurants to lose business, however, he doesn’t want people getting diseases that come from second-hand smoke. 

Alderman McDowell said that Springfield’s restaurant market is drastically different than Ballwin.  Springfield has a wide variety of patrons from college students to tourists traveling to Branson.  This is 10 times the size of Ballwin.  Alderman Gatton said that Chesterfield and Clayton have similar smoking ordinances and these are not 10 times the size of Ballwin. 

Alderman Easter said this can be discussed at the Public Health and Safety Committee meeting on September 8 at 6:00 p.m. 

Crossing Flags:  Alderman Lembke said he sent e-mails to the Aldermen about this and would like to discuss this at the Public Health and Safety Committee meeting.  He explained that the City of Columbia has instituted this program.  They have put flags on either side of the intersection in buckets.  The flags make pedestrians crossing an intersection more noticeable.  Mayor Jones recommended that this also be considered by the Public Health & Safety Committee. 

Adjourn:  A motion was made by Alderman Easter and seconded by Alderman McDowell to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:50 p.m.

MC