President of Council Kathy McNear called Council to order on May 17, 2006, at 7:00 p.m.

The Police Department Color Guard (Lt. Tom Wells, Sgt. Randy Pierce, Police Officer Ben Schildmeyer and Police Officer Mike Ott) presented the colors. 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, Pollitt, Squires, Vanover, Wilson and McNear.

The minutes of May 3, 2006 were approved with six affirmative votes. Mr. Wilson abstained.

PRESENTATION BY SERGEANT ED BUNS, HAMILTON POLICE DEPARMTENT

Sergeant Buns said one of your police officers has been given a very special honor by Law Enforcement in Ohio. The Torch Run for the Special Olympics is a program where law enforcement officers run to raise money and awareness for the Special Olympics Program in Ohio. We leave District One in Cincinnati, run up to Springdale, through Hamilton, Middletown, Dayton to Columbus. Your Chief of Police was one of the first to offer to help us. I did not know at that time that he had two sons who were special Olympians. Since that time the Springdale Police Department has become one of the leaders of the Torch Run in Ohio. As the world games went to venues in other countries, Americans weren’t getting to participate as much because of expenses. In June the United States will be holding the first ever United States game. Prior to that game law enforcement officers conduct a final leg run. Each state gets to designate one law enforcement officer to represent the law enforcement officers of that state in this run. I’m very proud to tell you that Chief Mike Laage is our designee this year.

Chief Laage said this is quite a surprise. It’s quite an honor to do this. My job is to promote Special Olympics and it really comes from the heart based on the home situation that I have with both of my boys, who have both participated in Special Olympics. To be honest with you, I don’t do this really for my boys. First of all, it’s a law enforcement issue and I do believe it’s a good fit. I want to thank Ed for this honor. My job has just begun to promote the cause. I want to thank Joe Turre and Lynn McKee, who are very involved also.

Mr. Danbury asked how could the public get involved? Chief Laage replied with contributions to the Special Olympics. We actually started a sponsorship by the mile with the Hamilton County chiefs.

SWEARING IN OF OFFICERS

Mayor Webster swore in Officers Justin Kimble, Eric Braden and Auxiliary Officer Dale Rutherford.

Chief Laage stated Justin Kimble comes to us from Missouri St. Louis with a bachelor’s degree in criminal justice. He attended the Great Oaks Police Academy and graduated in November 2005. Eric Braden majored in political science at UC. He was an extern with the Hamilton County Prosecutor’s Office. He comes to us with a little different background. He worked as a pharmacy tech and started with us two days ago. Dale Rutherford joins our auxiliary program. Dale retired from the Hamilton County Park District after twenty-nine years.

Chief Laage said Rick Idecker is a police officer with another agency in Hamilton County. With us he is a part-time civilian and our accreditation manager. Our pursuit of accreditation has taken longer than I am satisfied with. He is getting us there.

Mayor Webster read a proclamation declaring May 15 Peace Officers Memorial Day. Police Week is May 14 to May 20.

Police Clerk Martha Zimmerer and Officer Al Maupin accepted the proclamation.

Chief Laage said a program Al Maupin and Dave Buschman have started is the 911 program. Al Maupin said the Police Department has available packets that residents can obtain. The packets contain a magnetic medical card to put on the refrigerator door, a couple of medical cards and a sticker to put on the window or door. The packets are available from the Police Department, Fire Department and Health Department.

Chief Laage read a thank you card from a resident. Mayor Webster said the acceptance and appreciation of the community is the ultimate accreditation. On behalf of the City, thank you very much.

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

Capital Improvements – Mr. Danbury said on the grade separation Smith & Johnson defaulted on the bond. They didn’t satisfactorily respond to ODOT. Jergensen has been selected by the bond company to complete this. There is some minor work still to be done on the SR 4 streetscape project. This should be done in the next couple of weeks. There will be a public meeting held by ODOT on May 30 at the Fairfield Community Arts Center about the SR4/Crescentville construction project. We have to have discussion with CSX regarding the Kemper Road Phase III project agreement language. The Fire Department HVAC work will be done in October and the roof replacement will be started in late June. The storm sewer is in place between Hickory and Walnut. They have to install the manhole and storm sewer stub to the Springdale Town Center and pavement restoration needs to be completed. The Community Center meeting room renovation construction should begin in early August.

Finance Committee – Mr. Wilson stated the Finance Committee met to discuss the properties we own at Greencastle and Yorkhaven. They may be part of our executive committee meeting.

Planning Commission - Mr. Galster reported they had a re-examination of the lighting requirements and construction standards for a private drive that connects to Glenmary Home Missioners. The conditional use was granted and they requested modifications to remove lighting, remove one of the gates and to have the drive be only one and on-half car widths wide. We requested an additional public hearing and that will be back at the next meeting. The second item was a modification to Springdale Plaza PUD for public right-of-way improvements. That was approved 7-0. A proposed wall for Springdale Town Center was removed at the applicant’s request. Hamilton County Regional Planning Commission 2006 election ballot was submitted with Dave Okum’s name checked. There was a request by Hamilton County Commissioners to change from our present Regional Planning Commission to a Hamilton County Planning Commission. Planning Commission voted not to recommend it because there was no representation from the suburbs. The Commissioners have added five new seats but they get to appoint everybody. Planning Commission requests that Council reject it and then Planning Commission would fill out a ballot.

Board of Zoning Appeals – Mr. Squires said the only item was a fence that would exceed six feet in height. It was determined that the fence does not exceed six feet on the owner’s property. Because of swales and topography of the land, the fence will be more than six feet high to one or two adjacent properties. The support posts can be put on the outside if the adjacent property owners agree and the neighbors were there and testified that it was okay. The variance was approved.

Board of Health – Mayor Webster said a year or so ago we gave the Health Commissioner the ability to quarantine. We will be passing a regulation on that in the fall. Also, there has been a sighting of a pack of coyotes in the Oxford Hills area.

Veteran’s Memorial Committee – Mr. Wilson said the Springdale Church of the Nazarene is having a Springdale Commemorative Memorial Day Program.

O-K-I – Mr. Knox reported a resolution was introduced concerning the closing of Galbraith Road/I-75 interchange. The point was finally made that we can’t have those exits closed. Mr. Dix of the Clermont County Trustees Association suggested that rather than having a resolution opposing the closing, have one that says we support the maintenance of access in all directions. That got a unanimous vote.

Mayor’s Report - Mayor Webster said I received a letter from Russell Miller, President of the Springdale Swim Club: “I want to acknowledge and thank you for the Swim Team donation that we received a couple of weeks ago. As always it’s a great help to the team. Please extend this back to the Mayor and City Council. On behalf of the swimmers, parents and coaches, we’d like to thank you for your support.” Mayor Webster said that is for a $3,000 contribution we make to the swim team each year.

Mayor Webster continued we also got a very nice letter from Joe Scott, Scoutmaster of Troop 164: “I would like to thank you, Council and the City of Springdale for bestowing on behalf of myself and my scouts the resolutions of April 19, 2006. This is something I will always look upon with great pride. During my oratory, because of the excitement, I forget to thank the City of Springdale for all of its support of finding Eagle Scout projects for our scouts to earn this highest rank in scouting. Some of the projects you helped with were a number of different park improvements, cemetery grave marker repairs and replacement, bicycle repair and distribution to needy children. I’m proud to be a Springdale resident. Thank you for your continued support.”

Mayor Webster said Mr. Wilson covered the memorial service at the Nazarene Church. They also take up a collection which is earmarked for the veterans.

Mayor Webster said I would like to talk about the TEL documents I distributed to you today. Evendale’s Council agenda contained a resolution opposing TEL and I understand that was pulled from the agenda and will go on the October agenda. In our Hamilton County Municipal League Executive Committee meeting Monday morning we talked about the TEL. Our thinking is it would be best if we wait until after Labor Day to pass these resolutions in opposition of TEL. However, I think it certainly is not too early to address any citizens group, anybody you can talk to about TEL. Mr. Osborn, Mr. Tulloch and I had a meeting with Commissioner Pat DeWine. I was anxious to hear the County Commissioner’s take on this. I was a little disappointed with their take. Mr. DeWine indicated that he had talked to the party chairperson and they indicated to him that they didn’t think this was going to make the ballot, and the gubernatorial candidate who was supporting this would withdraw his support. Once the signatures have been verified and the issued has been certified, then no one can take it off the ballot. If there are constitutional issues, then maybe a judge could issue a stay. The originators of the issue could not have it withdrawn.

Mayor Webster said I have gotten a number of comments about the clock we installed last August. Everybody appreciates the clock but the criticism is that it is on too small of a spindle. It looks like it is suspended on a toothpick. I would like to suggest that we would like to replace that post with one that is two and a half inches in diameter larger than the toothpick that holds our present clock up. The down side is that it is fourteen inches shorter, but we think there are some things we can do with the base to compensate for those fourteen inches. It will cost us $12,500 to swap out the post. I would like input from City Council.

Mrs. McNear said the new one looks nice but I could do okay with the toothpick.

Mr. Wilson asked would the present one be toppled over in severe weather. If not, I don’t see the need to expend the extra dollars.

Ms. Pollitt said the replacement pole looks better but $12,500 is very expensive for something we have already done.

Mr. Galster stated I do think it lacks depth and strength but I don’t like the stubby one any better. I think we should wait until there is a need for replacement. It’s still a nice looking clock.

Clerk of Council/Finance Director – Mr. Knox stated there is a minor error in Ordinance 27-2006. In the attachment one line is missing for things McBride Clarion is re-imbursed. They missed landscaping architecture. We could redo the ordinance or we could ask for a consensus of Council to make the change. We are actually signing that contract tonight.

Mr. Vanover made a motion to accept the change and Mr. Wilson seconded. The motion passed with seven affirmative votes.

Administrator’s Report – Mr. Parham reported we have accepted bids on the steps at the amphitheater. There is a base and then a small step. We propose to take up the initial two stairs, put down a step that is about twelve inches wide, and then add a landing base that will be flush with the next row of steps. We will do that in all three sections. In the middle, once you reach the top of the stairs we will tee into a triangle shape to hit the first set of steps with that landing area. We have two bids; Adleta at approximately $21,000 and Ford Development at a little under $15,000. We plan to complete the work with a purchase order.

Mr. Danbury asked are we going to be able to identify these so that people coming down will be able to see where the steps are.

Mr. Parham said you should clearly be able to identify the steps in daylight because they will be much wider. Maybe we can look at a reflector to put on the step.

Mayor Webster said this has been in the budget for several years. It’s not a high priority item and it always got bumped. Mr. Danbury took a good fall there. I’m surprised we haven’t had other people who have fallen and filed claims against the City. Those steps could not have been built to code. We would like to correct this. We have several events that will take place there during our bicentennial.

Council had no objections to replacing the steps.

Mr. Parham stated last fall the contractor started sandblasting and caulking the expansion joints at the pool. The project is being finalized with painting and striping. The temperature and weather have caused a snag in the project. It will take four to five days to paint and stripe the pool, and another seven days for the pool to cure. We are pushing the opening back one week. Therefore, the pool will not be open Memorial Day weekend.

Law Director’s Report – Mr. Forbes stated Ordinance 37-2006 has been added to the agenda.

Engineer’s Report

COMMUNICATIONS - none

COMMUNICATIONS FROM THE AUDIENCE - none

ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 32-2006 “REQUESTING THE OHIO BOARD OF BUILDING STANDARDS TO CERTIFY THE CITY OF SPRINGDALE BUILDING DEPARTMENT TO ENFORCE THE RESIDENTIAL BUILDING CODE OF OHIO FOR ONE, TWO AND THREE-FAMILY DWELLINGS AND DECLARING AN EMERGENCY”

Mr. Squires made a motion to adopt and Mr. Vanover seconded.

Mr. Parham said Ordinance 33-2006 is where the State has adopted a new building code relative to one, two and three-family dwellings. The City is now adopting that code and amending our code. Ordinance 32-2006 gives us the ability to enforce that code.

Ordinance 32-2006 passed with seven affirmative votes.

ORDINANCE NO. 33-2006 “AMENDING THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, OHIO, BUILDING CODE SECTIONS 152.01, 152.02, 152.05, 152.20(G) (10), 152.31, 152.33 (F), (G), (H), (E), AND 152.34 FOR ONE, TWO AND THREE-FAMILY DWELLINGS AND DECLARING AN EMERGENCY”

Mr. Vanover made a motion to adopt and Mr. Squires seconded.

Ordinance 33-2006 passed with seven affirmative votes.

ORDINANCE NO. 34-2006 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT WITH BERMAN PRINTING COMPANY FOR THE PRINTING OF THE CITY OF SPRINGDALE’S PICTORIAL HISTORY BOOK AND DECLARING AN EMERGENCY”

Mr. Vanover made a motion to adopt and Ms. Pollitt seconded.

Ordinance 34-2006 passed with seven affirmative votes.

ORDINANCE NO. 35-2006 “AMENDING THE ZONING CODE AND ZONING MAP OF THE CITY OF SPRINGDALE, OHIO, TO PROVIDE FOR THE REZONING OF APPROXIMATELY 1.524 ACRES LOCATED AT THE SOUTHEAST CORNER OF EAST KEMPER ROAD AND TRI-COUNTY PARKWAY FROM SUPPORT SERVICE (SS) TO PLANNED UNIT DEVELOPMENT (PUD) (CHICK-FIL-A RESTAURANT)”

First reading.

ORDINANCE NO. 36-2006 “APPROVING THE PRELIMINARY DEVELOPMENT PLAN (PUD) OF APPROXIMATELY 1.524 ACRES LOCATED AT THE SOUTHEAST CORNER OF EAST KEMPER ROAD AND TRI-COUNTY PARKWAY (CHICK-FIL-A RESTAURANT)”

First reading.

ORDINANCE NO. 37-2006 “REPEALING ORDINANCE NO. 30-2006 REGARDING ENTERING INTO A CONTRACT WITH SUNESIS CONSTRUCTION FOR THE KEMPER ROAD IMPROVEMENTS PHASE 3 PROJECT REJECTING ALL BIDS, AND AUTHORIZING REBIDDING OF THE CONSTRUCTION OF THE PROJECT, AND DECLARING AN EMERGENCY”

Mr. Galster made a motion to adopt and Mr. Vanover seconded.

Mr. Forbes said the City cannot proceed with the Kemper Road Phase III project until there is an executed construction agreement with CSX Transportation. In addition to the City signing off on that agreement, it requires the City’s contractor to sign off on the terms of that agreement. Sunesis, the contractor, was given a copy of the CSX agreement to which they took issue. They were given a time period to try to resolve those issues with the railroad. If they couldn’t come to an agreement, the City would repeal the previous ordinance, reject all bids and rebid the project with the separate CSX construction agreement as a new part of the bid package so all contractors will know exactly what they are expected to bid on. We recommend that you approve Ordinance 37-2006 tonight.

Mr. Parham said we plan to advertise next week and open the bids two weeks later.

Ordinance 37-2006 passed with seven affirmative votes.

OLD BUSINESS - none

NEW BUSINESS - none

MEETINGS AND ANNOUNCEMENTS

Board of Zoning Appeals - June 20

COMMUNICATIONS FROM THE AUDIENCE - none

Mr. Danbury made a motion that Council go into executive session as a meeting of the whole to discuss real estate issues. Mr. Vanover seconded. The motion passed with seven affirmative votes.

Council went into executive session at 8:46 p.m. and reconvened at 9:09 p.m.

Ms. Pollitt made a motion for Council to reconvene in regular session. Mr. Vanover seconded. The motion passed with seven affirmative votes.

Mr. Vanover made a motion to take action on razing the property at 12065 Greencastle Drive in lieu of the situation we have found since taking possession of the property. Mr. Wilson seconded.

The motion passed with seven affirmative votes.

UPDATE ON LEGISLATION STILL IN DEVELOPMENT

Ordinance 35 - June 7

Ordinance 36 - June 7

Rejecting Regional Planning Commission to

Hamilton County Commission - open

RECAP OF LEGISLATIVE ITEMS REQUESTED

Port Authority bonds for Pictoria Island - June 7

Mr. Schneider said they are still under review and we anticipate them for the next Council meeting. The agreements and purpose is to transfer the responsibility of Pictoria Island’s financial arrangements in the range of $10-$11 million from the City to the group that is taking over, the Port Authority. We will still be involved to some extent. We have to have special assessment, take some other actions and we will be handing the funding as it flows on the payments and then passing them on to the trustee. It won’t be our bond issue. We are divorcing ourselves virtually from the operation. This is recommended by the Administration.

Mr. Knox said this has to be done by June 30 or the letter of credit is withdrawn.

Council adjourned at 9:14 p.m.

Respectfully submitted,

Edward F. Knox

Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council

__________________________, 2006