President of Council Kathy McNear called Council to order on February
21, 2007 at 7:00 p.m.
The governmental body and those in attendance recited the pledge of
allegiance. Mr. Knox gave the invocation.
Mr. Knox took roll call. Present were Council members Danbury, Galster,
Harlow, Squires, Vanover, Wilson and McNear.
The minutes of February 7, 2007 were approved with six affirmative
votes. Mr. Danbury abstained.
COMMITTEE AND OFFICIAL REPORTS
Civil Service Commission
-
no report
Rules and Laws - no report
Public Relations - no report
Public Health, Safety & Welfare -
no report
Public Works - no report
Public Utilities - no report
Mrs. McNear said I have a request for the board to look into the natural gas abrogation. I
did speak with the Mayor about it last week.
Capital Improvements – Mr. Danbury said the Kemper Road Phase 3 construction was held
up due to weather. We are looking at construction to begin in March and be completed in
September. The construction for the SR4 ODOT paving north of Glensprings to south of
Crescentville Road will be from March to July. The bid was $325,467, approximately $50,000
below ODOT’s estimate.
Finance Committee - no report
Planning Commission - no
report
Board of Zoning Appeals – Mr. Squires reported O’Reilly’s Auto Parts, 409
West Kemper, asked for a wall sign and maximum signage for more than they were allowed.
The outbuilding in front obscures the building so the signage was allowed. The other
portion of the building will have the same amount of signage and that was approved.
Mr. Galster asked will this pole sign be larger than the original Thriftway sign?
Mr. Squires replied it will occupy half of it and the sign frame will not be any larger.
Board of Health – Mrs. Harlow stated we reviewed the 2007 budget and the 2006 annual
report. We had the first reading of the regulation establishing swimming pool fees. The
board passed a resolution finding outdoor wood fired boilers are hazardous to health. The
board wanted to go on record asking that Council consider the ordinance because of the
health issues related to the wood fired boilers.
Veteran’s Memorial Committee - Mr. Wilson said Ordinance 12 is on the agenda tonight.
It will get us started in getting the groundbreaking for the veteran’s memorial and
hopefully we will have it completed by Veteran’s Day in November. Breaking ground and
putting something in should help us with contributions because our sponsors can see
something physical.
O-K-I – Mr. Knox said in the past I had talked about the State trying to take over
all decisions on sand and gravel pits in the state. That bill was defeated and it is
highly unlikely that it will come back.
Mayor’s Report - no
report
Clerk of Council/Finance Director – Mr. Knox showed the Certificate of Achievement
for Financial Reporting that was received by the Finance Department. Mr. Knox stated that,
because of Mr. William’s hard work, we get one every year.
Administrator’s Report – Mr. Parham said for the February 13 storm we used 433.8
tons of salt and 1,181 gallons of calcium. The total cost for that storm including
salaries was $28,028. Our total cost for snow removal thus far is $69,025.
Law Director’s Report -
no report
Engineer’s Report - no
report
COMMUNICATIONS
Mr. Knox stated we have one communication from Time Warner Ohio. It
says “our agreements with programmers to carry their services routinely expire from
time to time. We are usually able to obtain renewals or extensions of such agreements and
carriage of programming services is discontinued only in rare circumstances. Our extension
agreements with the following networks currently available on demand on digital cable are
due to expire and we are required to cease carriage of them as of 2/19.” The ones
they are talking about are Fine Living on Demand, Food Network TV on Demand, GAC on
Demand, and HGTV on Demand, and Disney on Demand.
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 8-2007 “AMENDING SECTIONS 155.011 AND 155.094 OF THE SPRINGDALE
CODIFIED ORDINANCES REGARDING OUTDOOR WOOD FIRED BOILERS”
Mr. Danbury made a motion to adopt and Mr. Galster seconded.
Mr. Danbury stated this came about from a phone call from resident Shirley Sharkey. I
encourage anyone who has any ideas on something to come to Council or contact an elected
official. This is basically from her efforts.
Ordinance 8-2007 passed with seven affirmative votes.
ORDINANCE NO. 9-2007 “ADOPTING SECTION 32.21 OF THE SPRINGDALE CODIFIED ORDINANCES
PROVIDING FOR A SICK LEAVE DONATION PROGRAM”
Mr. Squires made a motion to adopt and Mr. Vanover seconded.
Ordinance 9-2007 passed with seven affirmative votes.
ORDINANCE NO. 10-2007 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO
ENTER INTO A CONTRACT TO PURCHASE TEMPORARY AND PERMANENT ROADWAY EASEMENTS LOCATED ON A
SECTION OF KEMPER ROAD FOR THE REQUIRED RIGHT-OF-WAY FOR THE KEMPER ROAD PHASE 3
IMPROVEMENT PROJECT AND DECLARING AN EMERGENCY (CARLSON)”
Mr. Vanover made a motion to adopt and Mr. Wilson seconded.
Mr. Parham stated this ordinance was removed from the agenda on February 7th. At that time
we had reached in spirit an agreement with Mr. Carlson; however, after further research we
found there were a number of liens on this property, one to the Federal Government, one to
the State of Ohio and one to Hamilton County. We have had some discussions with each of
those levels of government trying to reach some agreement as to either waiving their liens
or finding some other means of moving beyond this process. Ordinance 14-2007 is a parallel
ordinance to this one. Ordinance 10-2007 is to purchase the property from Mr. Carlson in
hopes that we are able to work something out with each of those governments. Ordinance
14-2007 is, in case for some reason there is a renege on the part of the other party, that
we begin to move into the arena of a quick take of that property for the continuation of
the construction of East Kemper Road.
Ordinance 10-2007 passed with seven affirmative votes.
ORDINANCE NO. 12-2007 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO
ENTER INTO A CONTRACT WITH CDS ASSOCIATES, INC., FOR ARCHITECTURAL, DESIGN, ENGINEERING,
GEOTECHNICAL AND BIDDING SERVICES FOR THE SPRINGDALE VETERANS’ MEMORIAL PROJECT AND
DECLARING AN EMERGENCY”
Mr. Vanover made a motion to adopt and Mr. Galster seconded.
Ordinance 12-2007 passed with seven affirmative votes.
ORDINANCE NO. 13-2007 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO
ENTER INTO A CONTRACT WITH CDS ASSOCIATES, INC., TO PROCEED WITH DESIGN AND ENVIRONMENTAL
SERVICES FOR COMPLETION OF STAGE 3 THROUGH THE FINAL PLAN SUBMITTAL TO ODOT ON THE STATE
ROUTE 4/GLENSPRINGS DRIVE/I-275 IMPROVEMENTS PROJECT AND DECLARING AN EMERGENCY”
Mr. Vanover made a motion to adopt and Mrs. Harlow seconded.
Ordinance 13-2007 passed with seven affirmative votes.
ORDINANCE NO. 14-2007 “DECLARING THE NECESSITY AND INTENTION TO APPROPRIATE PROPERTY
FOR THE KEMPER ROAD PHASE 3 IMPROVEMENT PROJECT AND DECLARING AN EMERGENCY (CARLSON)”
Mr. Vanover made a motion to adopt and Mr. Danbury seconded.
Mr. Schneider said I’d like to ask for an amendment in two
locations; in Section 3, change resolution to ordinance; and make the same correction in
Section 5. The code to allows this to be by ordinance or resolution but we must be
consistent.
Mr. Vanover made a motion to amend and Mr. Galster seconded. The
amendment passed with seven affirmative votes.
Mr. Galster said it’s my understanding that the owner has
negotiated prices that are satisfactory to him according to Ordinance 10-2007 and this is
just if that doesn’t go through for some reason. It’s not like they haven’t
tried to cooperate.
Mr. Schneider replied Mr. Carlson has been cooperative with the City
and has indicated that he would settle for the amount of our appraised value. At one point
he indicated that he wanted $10,000 more if we didn’t give him that money right away
and not pay out on any of the liens. After discussions he agreed to let the $6,220 be paid
to the IRS on some liens there. We talked to the IRS representative and they are willing
to assure release as long as they get all the money. Since we discussed these things we
thought it was prudent to run parallel tracks here because we’re up against a
timeframe of the middle of March to try to deliver the property. If we get it by deed that
also involves getting the State of Ohio Jobs and Family Services and Worker’s Comp to
not take anything and release their liens. Our first response back from the Attorney
General for the State of Ohio said they would release it if they get $40,000. We’re
in the process of negotiating. Administration is going to get in touch with State
Representative Jim Raussen to turn some things for us because it is a state project as
well as ours. We hope to get that done, but if not, we proceed to take, submit our
appraisal, take the property and let a jury decide what the true value is, and let the
individuals decide who’s going to get how much or let a judge or jury tell them how
much.
Mr. Danbury asked how long do think this will take to resolve because
we are supposed to start construction in March?
Mr. Schneider replied we are aiming for a March 19 date to get this
delivered. We think we can do that with the take if we have to.
Mr. Danbury asked Mr. Shvegzda, do you think this will hold up the
project at all?
Mr. Shvegzda responded the March 19 date is the day they intended to
begin the work for the bridge widening.
Mr. Knox said this is for the piers for the bridge and if the bridge
doesn’t get wider the whole project is in jeopardy.
Mr. Parham stated we have placed a call to Mr. Raussen. Mr. Osborn left
him a message indicating what our concerns are and some idea of what we are dealing with.
We are waiting for a response back.
Ordinance 14-2007 passed with seven affirmative votes.
OLD BUSINESS
-
none
NEW BUSINESS
Mr. Vanover said we got a questionnaire from David Pepper, Hamilton
County Commissioners, about what are our main priorities, goals for our jurisdiction,
biggest challenges, etc. and how best can Hamilton County Commissioners help in achieving
these goals. Several of us talked about it and thought it would be more apropos that we
respond to this as a body rather than as individuals.
Mrs. McNear said we’ll give that to Mr. Parham or Mr. Osborn so
they can accumulate a list of items we would like to have included. We should probably
have this turned in by the next meeting.
Mr. Knox said we have a new liquor license request from B. J. Roosters
Restaurant who is moving into the Bob Evans building. There were no objections.
Mr. Danbury stated I contacted the Cincinnati Reds about having a
Springdale night and I’m getting some information. They are looking to sell tickets
at a discount. I think it would be interesting for our residents to go down.
MEETINGS AND ANNOUNCEMENTS
Board of Zoning Appeals
-
March 20
Planning Commission
-
February 22
SYB Horse Races
-
February 24
COMMUNICATIONS FROM THE AUDIENCE -
none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT -
none
RECAP OF LEGISLATIVE ITEMS REQUESTED -
none
Council adjourned at 7:58 p.m.
Respectfully
submitted,
Edward
F. Knox
Clerk
of Council/Finance Director
Minutes Approved:
Kathy McNear, President of Council
__________________________, 2007
City of Springdale Council
February 21 2007