City Beat: City Council considers complete smoking ban

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City Council delivered on a promise to restaurant owners struggling since July 7, when the city ordinance that banned smoking in their establishments took effect. However, after the Aug. 11 council meeting, owners may have received more than they bargained for.|ret||ret||tab|

Mayor Tom Carlson proposed an amendment to the smoking ordinance at the Aug. 11 meeting with an exemption for restaurants whose sales are down 35 percent for a three-month period, compared to the same period last year.|ret||ret||tab|

Here's the trade-off: the amendment also states that in three years the length of the exemption smoking would be banned in all of Springfield's public places, a move that could affect business owners across the board.|ret||ret||tab|

If council approves the bill and amendment following the continued public hearing at the Aug. 25 meeting, then starting July 7, 2006, smoking would be prohibited at all Springfield:|ret||ret||tab|

bars; |ret||ret||tab|

pool halls; |ret||ret||tab|

bowling alleys; |ret||ret||tab|

bingo halls; |ret||ret||tab|

designated areas in malls; and |ret||ret||tab|

restaurants. |ret||ret||tab|

Under the current smoking ban, several business owners report that in the first month the ordinance has been in effect sales declined as much as 40 percent.|ret||ret||tab|

Attorney John Holstein represented the owners of George's Steakhouse, Montgomery's II, Cedars and The Maples at the meeting.|ret||ret||tab|

Holstein suggested the proposed exemption requirement of a 35 percent sales decline may be too steep. |ret||ret||tab|

For example, Holstein said, sales at George's Steakhouse dropped only 15 percent the past month, but profits were down 83 percent.|ret||ret||tab|

"I'm suggesting that you lower the threshold of sales from 35 percent to 10 percent," Holstein said.|ret||ret||tab|

Joe Sunseri, owner of Valentine's restaurant, agreed that 10 percent would be a more appropriate threshold. Sunseri spoke on behalf of the newly formed Springfield Independent Restaurant Association, a 20-member group led by president Jim Clary of Clary's.|ret||ret||tab|

"We're all in agreement that we want a level playing field," Sunseri said.|ret||ret||tab|

And most say sooner is better than later.|ret||ret||tab|

"Three years is too long," said Dr. Jim Blaine. "A smoke-free Springfield is something that we've all hoped for."|ret||ret||tab|

Based on the city's internal polls and surveys from other sources, as much as 70 percent of the community at large wants smoke-free environments, Carlson said. His proposed exemption, though, is largely based on the financial impacts.|ret||ret||tab|

"I'm trying to anticipate legitimate business concerns," Carlson said. "Council has to be mindful of that."|ret||ret||tab|

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Wal-Mart property |ret||ret||tab|

Wal-Mart Corp. is requesting the city of Springfield vacate a right of way on the east side of Sam's Club on East Sunshine, claiming that the land serves no public purpose.|ret||ret||tab|

Wal-Mart owns property on both sides of the road in question: Stonebrae Avenue, in the 3700 block of East Sunshine.|ret||ret||tab|

Geoffrey Butler of Butler, Rosenbury & Partners, representing Wal-Mart, told council that Wal-Mart has no intention to develop the property, but vacating the road would present "more of an option to build."|ret||ret||tab|

Developers have approached the corporation about selling the land, Butler said, but the city right of way is a sticking point. Complicating the matter is that part of the land is zoned residential.|ret||ret||tab|

It's a different story from what Wal-Mart proposed five years ago. In 1998 the corporation sought to construct a Supercenter on the property but faced strong neighborhood opposition.|ret||ret||tab|

Three members of the public spoke to this new request and wondered if this was a backdoor way for Wal-Mart to change the residential zoning to general retail.|ret||ret||tab|

"Please, don't be deceived," said Bernard Burrier, who lives near the property.|ret||ret||tab|

Butler assured council that was not the case.|ret||ret||tab|

"Wal-Mart has no plans to construct a Supercenter there at this time," he said. "They did in 1998; that failed. Sam's subsequently expanded. They have no plans, and I've been told to tell you that."|ret||ret||tab|

Councilwoman Shelia Wright said the residents she talked to would accept vacation if a development plan was disclosed. |ret||ret||tab|

According to city statutes, council has the right to deny vacation if a majority believes there is potential use for the right of way. |ret||ret||tab|

The Planning & Zoning Commission has denied the vacation request, and Wal-Mart appealed the decision to City Council.|ret||ret||tab|

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JVP parking |ret||ret||tab|

Council considered a $300,000 contract with Ampco Parking System to manage Jordan Valley Park's parking spaces, which will total more than 2,000 spaces by the end of next year. That includes 977 spaces in the Jordan Valley Car Park set to open next month, Jordan Valley Ice Park parking and future Hammons Field lots.|ret||ret||tab|

City Manager Tom Finnie said three bids were considered, with Los Angeles-based Ampco providing the best alternative.|ret||ret||tab|

Users will be charged to park at the car park, Hammons Field and for events at the ice park, Finnie said. Customers visiting the ice park for daily activities, such as lessons or open skating sessions, will not be charged, he added. Parking rates are not yet determined.|ret||ret||tab|

Finnie said the parking fees will pay down the debt service of the $12 million garage. |ret||ret||tab|

"It's probably going to take us four to five years before full cost recovery," he said. |ret||ret||tab|

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South Fairview Avenue |ret||ret||tab|

A first reading bill disclosed plans for a planned development on the east side of the 4000 block of Fairview Avenue. The plat is targeted for administrative and professional offices, likely for insurance and real estate services.|ret||ret||tab|

Councilman Conrad Griggs is concerned with the traffic it will create, based on its proximity to the already busy Campbell Avenue and Republic Road intersection. Griggs estimated Fairview is about 100 yards west of Campbell.|ret||ret||tab|

"I think we're asking for some real trouble here if we don't quickly take a look at the traffic this will bring in here," he told council.|ret||ret||tab|

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Sale of city property|ret||ret||tab|

Council approved selling city property formerly used by City Utilities. Half an acre on the north side of the 200 block of East Grand Street will be appraised and put out to bid.|ret||ret||tab|

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