96-acre Olia Village project approved

(Dozes of meetings led to this final verdict that I wrote for West Newsmagazine more than a week ago.)

Three bills paving the way for the 96-acre Olia Village mixed-use project, to be located on the former Bayer Campus in Creve Coeur, were passed by the City Council on April 8, despite pushback from residents.

The first bill uses Missouri Chapter 353 to designate the area as blighted for tax abatement purposes. The second creates a Community Improvement District (CID) designation for the development site, and the third bill allows the city to issue Taxable Industrial Revenue Bonds in an amount not to exceed $135 million to aid in the construction of the project.

                                              (Source:  City of Creve Coeur)

During the April 8 meeting, City Administrator Mark Perkins addressed prior concerns made by residents –  a major worry brought forward had been the use of incentives to offset development costs. While the city has provided very few incentives over the last 25 years, he said Olia Village is a particularly unique development opportunity for the city – one that fits with Creve Coeur’s comprehensive plan. 

Perkins said Olia Village compares favorably to other major developments in the St. Louis region, comparing it to the Streets of St. Charles, Chesterfield downtown TIF and the Brentwood/Manchester corridor project. 

Those projects offer 9-14% of incentives per the total investment, Perkins said, while the St. Louis average is about 17%. He stated that Olia Village’s incentive rate is just 6.7% and added that they couldn’t locate any projects of this size in St. Louis that have not had some form of incentive.

The developer of Olia Village is seeking a reimbursement value of $61.8 million in discounted incentives and also requested a tax abatement for real property tax revenues of $86 million. The total cost of the project is $984 million.

Regarding the possibility of taxing districts losing money, Perkins said that answer is “no” because there are 130 townhomes within this development that are not being provided any tax abatement. The abatements apply to the rest of the development, which are apartments, retail, hotels and offices. 

The other major question raised by residents regarding Olia Village was the “blighted” designation. Fears expressed included that the designation could devalue property value near the site.

Perkins said a large vacant or underutilized property, whether it is called blighted or not, is not beneficial to the city or its surrounding neighborhoods. 

“The key is to have a plan to address the blight, to address the conditions, and that’s what this is about,” Perkins said. “It’s about a major investment that will certainly be an overall asset to the entire community, certainly to those that are in close proximity.” 

However, as was the case in previous meetings, residents shared concerns on the project. 

Mara Diaz-Granados felt the city was giving away too many incentives and was still concerned about the potential loss of revenue for the Ladue School District. She has a school-aged son and was concerned potential lost revenues could equal the loss of several teachers, assistants, computers and other equipment.

Resident Linda Rezny thought the tax abatement was excessive, but proposed a middle ground.

“We keep bringing up the premise of either all or nothing is going to happen, which is ridiculous,” Rezny said. “I would suggest a compromise here. If we’d cut out the Chapter 353, they’d still have the sales tax and the Chapter 100.”

Resident Elizabeth Link said the property is a prime location that will be developed with or without the benefits. 

“It seems like you’re just adding whipped cream with a cherry on top at the expense of current citizens of Creve Coeur and the school district,” Link said. 

Following citizen comments, Matt Pfund of Jack Matthews Development addressed the “blighted” label for the property and noted the challenges and issues with the site. Pfund said the planning process with the city was collaborative, and “included much give, take and compromise.”

“The end result is a development with results that far outreach the boundaries of this site alone,” Pfund said. “The development creates many new jobs and provides many new public amenities and builds synergies that benefit the future of 39 North, offers new housing options, an innovative and accessible Main Street destination, slows stormwater flows through and exiting this property, maintains 30 acres of green space, and achieves every component of the Creve Coeur 2023-2025 strategic plan development.”

Prior to the vote on the bills, Ward 1 council members Mark Manlin and Heather Silverman explained why they planned to vote “yes” on the project, which is based in their Ward.

Manlin recalled his evaluation of Olia Village throughout the process. He said he considered priorities for the city, and the citizens’ concerns. 

“For me, the analysis boiled down to a handful of key, critical considerations and questions,” Manlin said. “First, do the merits of this development from a social impact perspective warrant the potential cost of granting incentives? In more basic terms, can this campus provide the community with a meaningful place to gather with friends, family and in the community as a whole? Is this a project that the community needs and desires? I believe the answers are yes.

“Second, does this development provide a significant amount of long-term, enhanced revenues, employment, and other financial benefits as the result of its development and in light of the incentives?  My answer is yes. Finally, are the requested incentives proportionate to the scale of the project? My determination was that it does warrant the incentives.”

Silverman followed with her assessment; she said when she was knocking on doors in Ward 1 during her run for office, she overwhelmingly heard that residents care about the redevelopment of the East Olive corridor. 

“Stagnation, which is what we have at best right now, leads to this,” Silverman said. “We are probably already in decline. With what we’ve negotiated, I don’t believe the students in Ladue schools would suffer or leave the district. It will end up with more income than what it currently has per student. That’s something I care about because I have three children in the school district.”

The bill to designate the area as blighted passed 6-1, with Council member Dan Tierney (Ward 4) opposed. The bill approving the CID was approved 7-0, and the bill allowing the city to issue Taxable Industrial Revenue Bonds passed 7-0. 

Woerther Elementary student takes fire truck to school

 (West Newsmagazine March 14th edition!)

Shanley Gibson didn’t take the bus to school on March 13, though her ride was still bright yellow with flashing lights. 

The Woerther Elementary first grader had earned a special honor for collecting the most money ($611) of any student in her school in the annual Kids Heart Challenge, which serves the American Heart Association. A Metro West Fire Protection District truck and firefighters brought her reward to her Ballwin home. 

Shanley Gibson in a Metro West fire engine, her reward for collecting the most money in Woerthr’s Elementary Kids Heart Challenge, which benefits the American Heart Association.

“That was really cool,” said mom Megan Gibson. “The top collector for the school got to have a ride to school on a fire truck. It actually showed up to our house about an hour early. They were the nicest guys, and they took her and her sister (Kenna) around the neighborhood with tons of kids seeing Shanley waving. She headed to school in the fire truck and her whole class came out to see her get off the truck. Her dad (John Gibson) said she had the biggest smile he had ever seen!”

Ballwin Ward 1 alderman Mike Utt, Shanley’s grandfather, was also present that morning. He said that the look on Shanley’s face was priceless, especially considering that the anticipated excitement of the special trip had kept her up most of the night.

However, there is a bit more to the story involving Utt himself, who was a large part of Shanley’s motivation in the Kids Heart Challenge. 

Shanley Gibson in a Metro West fire engine, her reward for collecting the most money in Woerthr’s Elementary Kids Heart Challenge, which benefits the American Heart Association.

"She made it extra important to her because my dad had a heart attack at a young age,” Megan said. 

Several classes at Woerther collected more than $2,000 total, but Shanley described why she was able to do so well individually through the online donation process.

“I have a lot of people that love me,” Shanley said. “Also, I thought it was fun and I liked knowing it changed a lot of people’s lives.”

Plein Air Art Festival is coming to Creve Coeur

 (Here's the entirety of my article that recently appeared a bit shortened in West Newsmagazine)

The world-famous Barbizon School of France helped form the popular Impressionist art movement. While rejecting the academy’s exclusive indoor art stance, Impressionism focused a practice of art skills in the great outdoors; hence the name Plein (Open) Air.

Those Barbizon Impressionists fully embraced that idea with their first outdoor show in 1874.

Fast forward exactly 150 years, and Creve Coeur is hoping to host its first Plein Air Art Festival this July per its City Council’s unanimous vote on Feb. 12.

Although the city’s name is French for ‘Broken Heart,’ Creve Coeur is confident that all hearts will be filled with joy for the event subsequently set in congruence with Millennium Park’s music concert set for Thursday, July 11. That is, if all the park’s improvements have been completed.

(Source: Adobe Stock) 

Creve Coeur Public Information Officer Melissa Bradford, who is also staff liaison for the city’s Art Committee, closed the meeting with the event presentation.

“This is a way to engage the community in cultural art and to celebrate Creve Coeur,” Bradford said. “Artists show up in the morning (on Saturday, July 6) at Dielmann Recreation Complex with their blank canvas that would be stamped on the spot. They would have nearly an entire week up until the following Thursday to pick a location outdoors within our city boundaries, and paint a scene outdoors. They would return that following Thursday and the plan, ideally, would be to host it in conjunction with the first summer concert in July. 

“The artists would bring their artwork back, put it on display, and have a reception open to the public.  The Tappmeyer House could be the place for that. With the concert ongoing, the public could view the paintings. They would be available for purchase and it would be a great way to kick off our concert series in our newly-renovated park.”

Bradford added that there would be a judging process where first and second place would receive cash prizes. Her next point was ways to seek funding for the event. One was asking for permission to solicit sponsorships from the community with those funds going toward paying the cash prizes for the artists. She included a document with a list of businesses they could potentially approach. The city would also make a general announcement in its residents’ newsletter, business newsletter and its website to seek sponsorship. Its Arts Committee would also solicit donations from individuals.

Another request would be for additional funds to cover other costs of the event. There would also be an entry fee to participate which would cover marketing of the event plus food and drink for artists and volunteers.

“The Arts Committee would also like to request from the City Council an additional $1,000 to help support the costs of this event,” Bradford said. “This is the first time we’re hosting it, and we want to make sure it goes off with a bang! It could be a really successful community event, show respect to the artists and ultimately lead to additional participation in future years.”

From Korrenspondance.org:  la peinture en plein-air…

The Creve Coeur Parks & Recreation Committee and Historic Preservation Committee were also highly supportive of the event when presented with the proposal at their November 2023 meetings.

A few other area cities that host a Plein Air event include Wildwood and Webster Groves in May and University City in October.

Per an inquiry from Council member Tim Carney (Ward 2), the city would like to use the inside of Tappmeyer House for art displays. Those would be created in the artists’ chosen medium that includes oil, watercolor, and pastel.

Arts Committee Chair Robert Morrissey was also on hand for the meeting. When the topic came around to artist entry fees, he said, “I was just talking to some artists the other day about this event, and they were expecting an entrance fee as high as $50. If we make it a higher fee, these artists can expect a really nice event and we can also make it a better purse.  The higher the purse we can offer, the better quality of artists. But this being our first event, we’re trying to be modest and look toward a long horizon.  So, we’re going to start off within budget.”

Bradford added that looking at other cities, first prize is normally $500-$750. It was also indicated that while this event is for entrants 18 and older, Creve Coeur may also have a high school only category.

Categories could include a “Best in Show” Award (Cash Prize), “First Runner Up” Award (Cash Prize), “People’s Choice” Award (Cash Prize), and High School Category: “Best in Show” Award (Non-Cash Prize).

Per an inquiry from Council member Nicole Greer (Ward 2) about who will judge the events, Bradford replied, “We would be looking at artists, experts, some from the St. Louis area and others outside the area so it’s unbiased.”

The Plein Air Art report added that the event itself ‘would be encouraging a cultural event that actively engages the community by supporting one of the organizational goals outlined in the Strategic Plan 2023-2025 and would help promote cultural arts within the city and encourage connections with other local art organizations.’

Meanwhile, Bradford made sure to give accolades to Arts Committee member Nan Kulkarni, who encouraged this event after previous experience coordinating events while serving on the Town and Country Art Commission. 

Ballwin alderman inquires as to whether Parc Place at Vlasis apartments are still happening

 (Here is one of my very different recent West Newsmagazine article regarding a project for which dozens of area citizens have been blatantly opposing due to increased traffic congestion.)

                Aerial view of proposed Parc Place at Vlasis (Source: V Three Studios LLC)

For the past several years, Vlasis Park has been at the forefront of many Ballwin projects. 

First, it was the location of the city's new Government Center. Next, came the Vlasis Park Master Plan, which highlighted the recently-opened Police Station.  More recently, there has been a good deal of discussion regarding new playground plans, the demolition and rebuilding of which will begin immediately. 

At the Dec. 11 Board of Aldermen meeting, options and details for an updated public works facility at the edge of Vlasis Park was discussed. However, lost in the shuffle of all of this activity were the Parc Place at Vlasis apartments at the site of the former government center.

                      Rendering of the proposed Parc Place at Vlasis (Source: V Three Studios LLC)

“I was curious if there was an update on the Vlasis apartments?" Alderman Kevin Roach (Ward 2) asked at the meeting. "I tried to look at what they’re doing to decide whether anything looks significant. But I haven’t seen much and I don’t know if there are events that have gone on and construction that we don’t know about.

"I’m asking this because we have an SUE (special use exception) that we approved. There has to be a clock on that, and a building permit that’s been approved.” 

City Administrator Eric Sterman answered that a building permit for the project proposed by the Landau Group, LLC and V Three Studios had not yet been approved.

“Just to clarify, the site plan and rezoning were approved two or three years ago," Sterman said. "But at this point, although there have been plenty of discussions, they have not come forward with building plans other than for demolition of the former government center and the former automotive facility.

"So, at this point, there doesn’t appear to be any movement at all on the site.  Obviously, if they were going to come forward with a plan, we would have to review it. I don’t know if what they have is still valid or if the clock can expire.”

             Rendering of the proposed Parc Place at Vlasis (Source: V Three Studios LLC)

Sterman added that he would need to double check to see if a building permit was ever submitted on the proposed seven-story, 196-unit apartment building, and if a SUE was approved for that or just part of a development plan regarding Manchester Road overlay district, which has its own set of regulations for development. 

City Attorney Robert Jones Jr. said he doesn’t remember all the specifics either. But added that “the period of validity for a SUE is normally unlimited.”

Ellisville trio finishes third in Missouri S&T start-up challenge

 (This is a very recent West Newsmagazine article.)

“Know your core competencies and focus on being great at them.”

Mark Cuban, American businessman and principal owner of the Dallas Mavericks, is noted for having made that statement on the TV show, “Shark Tank.” It’s a quote that exemplifies the strength of a young Ellisville trio who recently excelled in what all three referred to as a true "Shark Tank" experience.

Westminster Christian Academy graduate Ava Berutti (2022) and Lafayette High graduate Hayden St. John (2023) both earned Kummer Vanguard Scholarships to Missouri S&T in Rolla. The award requires being a STEM student with a very high ACT score. It also made them eligible to compete in the Kummer Institute’s second annual startup challenge. But the duo wanted one more mind.

St. John chose Marquette graduate Devin Keating (2023) whom he knew from Ellisville Elementary and Crestview Middle.

“They let you add another team member, which is a good thing. Devin is super smart in everything and already had this great idea!” Berutti exclaimed. “So we banded together and did Safe Plate as our presentation.”

        Safe Plate competitors Devin Keating, Ava Berutti and Hayden St. John. (Photo provided) 

Safe Plate is a weight plate/clip-pin combination that allows for the quick release of weights from the barbell, allowing weightlifters to safely workout without a spotter.

As noted in the student's presentation, when a weightlifter is exhausted or tries to bench more than they can handle, the barbell can easily become stuck across the lifter’s body. In a traditional barbell system, the release clip is on the outside of the weight, making it difficult to remove. And even if the weight did release, it would likely land on the lifter's body, which could lead to a wide variety of injuries.

With Safe Plate, the release clip and pin slide into place on the inside edge of the weight. That makes it much easier for a solitary lifter to remove the clip and allow the weight to slide off the bar away from his or her body when in a benching position.

St. John noted that during the COVID pandemic, many people invested in home gyms. No one can spot themselves. But with Safe Plate, if you were to push yourself to your last rep and couldn’t get the bar up, you could unclip the weights and they would fall off away from you. 

There would be no need for a spotter, and the lifter would always be able to complete their lifting unharmed. 

erutti led the presentation and was the perfect choice, given that she is an accomplished speaker. In 2022, she won a St. Louis High School Musical Theater Award as best leading actress. She has also performed on Broadway.  She transferred to MS&T after her freshman year at Missouri Baptist University.

“Public speaking and communicating with others are what I’m used to," Berutti said. "That’s kind of what I thought I brought to the table.”

It was only natural for Keating, a mechanical engineering student, to handle the product description. After all, as Berutti explained, "Devin is the father of the product!"

Having been an ardent gym goer for several years, Keating explained that in bench press, not every lifter always has the option of having a spotter nearby.

“I’ve actually seen several times where someone is benching without a spotter, they’ll get stuck under the bar, and someone’s got to run over and help them,” Keating said. “So, I could see this was a problem that we could come up with a solution for.”

He added that through a massive amount of research, they learned there were already several different clips to put on barbells on the outside of the weights.  They also found different weight plates. But none combined the two; even when checking patents regarding weightlifting safety items.

After surveying gym members, the trio drew up models and 3D printed a couple of test models.

"We went through them to see what would work best," Keating said. "We changed our plan a couple of times ... (to) make it safe and effective.” 

Finally, St. John, a biochemical engineering major, wrapped up the presentation.

“I completed the presentation with the money side of it as in the cost of what materials to buy, including what type of 3D printed material, where we would sell it, who would be our buyer, and what our future plans would be if we got funding for it,” St. John explained.

Despite primarily competing against upperclassmen, the trio placed third in the Nov. 13 event, winning a $1,000 scholarship check. They all said they were thrilled with their placement.

“Others had long been members of different clubs at the school,” St. John said of the competition. “The team that won (for an acne scar treatment) was part of the Biomedical Club. So, they had already been doing research on their project for a good chunk of time. We entered not really thinking we would have a good chance of winning any money. But we felt more confident toward the end of getting our presentation together.”

The second-place team developed a sustainable energy product.

Entrants began by registering as groups.  After about two weeks, they had to present an idea. If it seemed realistic enough, they could create their product and presentation.

Teams had to use Canva, a free-to-use online graphic design tool. It took them through situations in which they learned about business building blocks and how to pitch an idea in a Shark Tank environment.

Their mentor, Angelina Billo, the industry engagement officer at Missouri S&T, offered tips on what they might present. It included a Rubric (scoring matrix). After the competition ended, they got the Rubric results to see what they did right and wrong in the presentation.

“What they mainly wanted from us was adding more of the business blocks,” Berutti said. “Since it’s a new product, there are always more questions and whole situations we could improve on in presenting our product in the future.  That helped give us a direction for where we should be going.”

Meanwhile, the trio has already sent out an email for a patent to protect their idea.

“We’re all great friends, but it’s also a great invention! So, I would love to help turn it into some type of operation or business in the future,” Berutti said.

Quebec Carves a Carnival into the Ice

 (I had this published in the Buffalo (NY) Courier-Express WAY back on Jan. 18, 1981!  This year's event will be held from Jan. 25-Feb. 11.  So, if you're interested, here's a link: https://www.quebec-cite.com/en/what-to-do-quebec-city/events/quebec-winter-carnival)

It is the dead of winter.  The Christmas and New Year's exhuberance have long since faded away as the bitterly cold days have settled in. If that weren't enough, the postponed holiday shopping bills are coming due.  It's a gloomy picture indeed!

Suddenly, a snowman appears in this northern city, spreading a brand of joy that warms the heart, if not the body.  It is Bonhomme Carnaval, the official mascot of Quebec Carnival Feb. 5-15.

                                           (Pinterest.fr photo)

Despite Quebec City's relatively small population, this affair compares favorably with such spectacles as The Carnival of Rio and Mardi Gras of New Orleans. And why not?  The hometown interest and preparations are astounding. Initial planning takes place in summer, and more than 1,200 volunteers become involved in about 100 carnival committees.

But during the carnival itself, it is obvious that Bonhomme is king of the festivities.  One of the major events, the International Snow Sculpture Competition, is set right at his snow castle--an immense structure that takes a full month's labor from 20 arduous workers to be completed on time.

The competition features three-member teams from throughout the world, carving sculptures from solid blocks of frozen snow 18x12x12 feet.

Spectators are astonished as mammoth masterpieces unfold before their eyes!

The sculpturing actually commences a day before the opening night of the carnival. Throngs of people assemble as Bonhomme crowns the queen, then fireworks light up the sky.  Afterwards, Bonhomme and his court invite guests to participate in a grand dance in their honor.

Winter sport has its niche at the Quebec Carnival. A high level of competitive spirit is evident in the St. Lawrence River canoe race, held on the final day of proceedings.  More than 125 contestants are grouped into teams of separate amateur and professional categories, seeing who can maneuver the canoe through ice packs on the river!

(Photo from Ibtimes of the UK)

Other competitive activities include dogsled and snowshoe races and championships in acrobatic skiing and speed skating. The Pee Wee Hockey Tournament runs from Feb. 12 past the Carnival's closing date to Feb. 21.

If you get tired of being a mere spectator, you can become actively involved, regardless of age. You may not have the knowhow to tackle city skiing, but you may want to bring your sled or rug and slide down Place Carnaval's hill.  The more courageous may want to try a toboggan ride. Another event is the mustache contest!

Quebec Carnival is for everyone, and all of Bonhomme's guests are invited to a free open-air Western breakfast.

Although the carnival is held in large portions of the city, sightseeing in the remainder of Quebec City can be arranged by open horsedrawn carriage or sleigh.  There is just so much jubilation one can take! Sights include the Parliament Building, Montmorency Falls, St. Louis Gate, Quebec Basilica and the city's countless monuments.

(From the Shore Excursions Group)

Be sure to hurry back for some of the exquisite nighttime fun and frolic.  Perhaps you wish to attend a 17th-century costume ball (about $3 per person) or join the frenzy of loud music and colored lights to dance for free every night in Place Carnaval.

Night parades will be held at 7 on Feb. 7 and at 8 on Feb. 11. Creative and well-lit floats glide down the main thoroughfares, preceded by clowns and a variety of marching bands.

Kids love parades, but probably not as much as they will marvel at their final-day duty. Children are allowed--no, encouraged--to demolish all snow sculptures from the championship carving competition.  Pictures are taken of all entries prior to their destruction.

                          (Here's such a fantastic sculpture from Journeying Giardanos!)

Grownups who like to whoop it up will feel at home at the Quebec Winter Carnival. Bonhomme's official greeting is "Everyone MUST have a good time!" It is not too difficult to obey.

For more information, write to Carnaval de Quebec, 290 rue Joly, CP8, Quebec, PQ G1L 1N8.

Nitrous oxide was the hot topic at the recent Ballwin board meeting

 

The death of a local woman and a bill to amend regulations for hookah lounges, retail tobacco stores and vapor lounges prompted three speakers at the Ballwin Board of Aldermen meeting on Dec. 11. 

Jason Politte still has painful memories from the night of Oct. 18, 2020. His daughter Marissa Politte had just finished working her shift at an urgent care off Clarkson Road when she was struck and killed by a driver.

Nitrous oxide capsules (Source: Adobe Stock) 

“That driver was huffing nitrous oxide which caused him to pass out behind the wheel, creating the accident. He purchased the nitrous oxide from Coughing Cardinal but they’re not the only tobacco store or head shop that carries that stuff," Politte said. "The company, at that time, that we went after was United Brands, which creates Whip-Its. This is something that is supposed to be used to make whipped cream at home. Last time I checked, smoke shops do not have a dairy section.

"There’s absolutely no reason for this product to be at their shops. It’s an addictive drug, it’s focused on kids between the age of 18 and 25, and we just need to address it for what we can do. I would like to see it banned from smoke shops and head shops.”

Marissa’s mother, Karen Chaplin, was the final speaker on the topic.

“He passed out and ran her over like nothing," she said of the driver who killed her daughter. "We need changes to be made because the only thing I can say is that I promise you that if changes aren’t done, somebody else is going to lose a child, an aunt or a mother.

"This can’t keep going on like this. You have to make some changes so it’s not easily accessed for these people to get their hands on. ... Because of somebody else’s decision that night, I have a life sentence. We have a life sentence. Our daughter is gone because of this stuff. Please make some changes. I beg you.”

In between the two parents, Attorney John Simon spoke. Simon represented the couple in their successful lawsuit against Coughing Cardinal in Des Peres and United Brands, whose headquarters are in San Diego.

Simon said the case, which resulted in a $745 million verdict with $700 million of punitive damages against United Brands, is ground zero. It was the first lawsuit that was successful against a head shop and a distributor for selling nitrous oxide as a drug. 

He added that there are federal laws that say when you sell it as an inhalant, it is misbranded, which renders it illegal and that the FDA Office of Criminal Investigation has their hands full over this topic.

“I don’t want to leave you guys with the impression that this is a one-off case; that this is a one-and-done issue," Simon said. "This is a 20-year-old kid who made a mistake; drove, huffed something, passed out behind the wheel and killed someone. This is a major problem.

"We have companies targeting head shops. One nitrous oxide charger makes 16 ounces of whipped cream. They sell them in packs of 24, 50, 100 and 600. They sell them at 11 at night to 18-year-old kids at stores like Coughing Cardinal, It’s a Dream Smoke Shop, Mr. Nice Guy, and they’re selling all of the drug paraphernalia that these officers who we are honoring tonight are working to confiscate from people while they police our streets."

Simon said he doesn't know why shops are being allowed to sell nitrous oxide to kids.

“From what we learned during our case, they’re not hiding it. It’s all in plain daylight. It’s a marketing ploy. One of the first things we found out at the trial is that they had been sued three times before by people who had been paralyzed.  After inhaling this, it degenerates your spinal cord and causes you to have tingling numbness leading to being paralyzed," Simon said. "But that didn’t stop them. They kept selling and selling … not just in their community, but in Ballwin, in St. Louis and Des Peres.

"The first sale (United Brands) made to Coughing Cardinal was 60,000 nitrous oxide chargers. What accompanied them was not whipped cream but beach balls and towels. This is a party drug. It can cause people to be paralyzed, it can cause people to be addicted, and it can cause people like their daughter to be killed. It didn’t happen in some faraway place. It happened here … in Ballwin!” 

While the speakers were passionate, the bill (No 4184) was not addressing what could be sold in hookah lounges, retail tobacco stores and vapor lounges but rather where they could be located.

The bill mainly limits where new facilities can be located in Ballwin. It elicited a wealth of comments from Mayor Tim Pogue, City Attorney Robert Jones Jr. and several aldermen.

“I would recommend, if the board is so inclined, to consider passing Bill 4184 and at least put in place the spacing and dimensional restrictions that could maybe lessen the proliferation of these kinds of shops,” Jones said. “If they’re not here, they’re not going to sell nitrous oxide.”

After offering his sympathies and prayers to Marissa’s family members, Alderman Mark Stallmann (Ward 2) noted that the Planning and Zoning Commission (P&Z) struggled with the fact that with nitrous, like many substances, abuse can be dangerous, but these substances are not illegal as such. He said P&Z didn't have the rationale on exactly how to move forward. 

Stallmann added that limiting what can be sold needs to be in conjunction with a county-wide or state-wide law. He noted that although Bill 4184's passage will enable Ballwin to remain at its current six shops, the offending shop was not in Ballwin. 

Alderman Frank Fleming (Ward 3) encouraged the city to continue to work on additional modifications to its retail tobacco sails legislation for future meetings.

“After the absolute tragedy which we heard about tonight, we decided to be a little more proactive in doing what we can to limit some of the things going on,” Fleming said.  “I think we’ve done that with what we have in front of us. But in discussions leading up to where we are now, including having P&Z look at it, the discussion was that this is a legal substance being used illegally by people to impair themselves and in turn, endanger others. Something the attorney who spoke earlier tonight said (made) me wonder if we looked at that completely. He mentioned that something about it is illegal if (it is being sold) in a misbranded way.”

Alderman Kevin Roach (Ward 2) noted that City code already prohibits "retailers selling things that are going to be used to induce intoxications or hallucinations." Section 17 of the city code contains a list of solvents that could be sold for that purpose. These solvents are deemed as illegally distributed when sold for purposes other than those for which they were manufactured.

Roach noted that the city of St. Peters changed the word "solvents" to "substances" and then added nitrous oxide to the list. Ballwin could do something similar he suggested.  

Fleming said the issue reminded him of the smoking ban about a decade ago.

“Ballwin was one of the first to pass it, then other municipalities started passing it, and eventually, it did go county-wide. So, even though it may not mean anything initially, if other municipalities looked at it and started thinking along the same lines, maybe it would have an effect eventually. It obviously would not be as quick as anyone would like, but it has to start somewhere,” he said. 

Fleming also suggested that Ballwin could possibly pass something more restrictive; however, Jones responded that they cannot be inconsistent with state law … whether more or less restrictive.