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

 

            The governmental body and those in attendance recited the pledge of allegiance.

 

            Mr. Knox took roll call.  Present were Council members Danbury, Galster, Pollitt, Squires, Vanover, Wilson and McNear.  Mr. Danbury arrived at 7:25 p.m.

 

            The minutes of May 17, 2006 were approved with six affirmative votes.

 

            Mayor Webster read a proclamation honoring Ruth Ann Poland Laxen, commending her 100th birthday on May 22.  One of the greatest things Mrs. Laxen has contributed to the City of the Springdale is an elementary school teacher, Mrs. Barbara Boyd, who taught many, many years at our Springdale Elementary School.  Mayor Webster presented the proclamation to Mrs. Laxen.

 

            COMMUNICATIONS                                                   -                       none

 

            COMMUNICATIONS FROM THE AUDIENCE            -                       none

 

Public Hearing

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)”

 

Joe Tribble, Storm Water Consultants, stated I am representing Chick-Fil-A for the proposed rezoning.  I am joined by Kristen Clever from Chic-Fil-A headquarters.  We’re proposing a 4,200 square foot restaurant located on the northwest corner of the Lowe’s property at Kemper Road and Tri-County Parkway. 

 

Mr. Galster said one of the reasons this is a PUD request is that Lowe’s has a sign on the corner.  Because of that sign, parking and other issues as well as properties to the east, we would have liked to have seen the whole Lowe’s property come in as a PUD.  Getting Lowe’s to the table is not always the easiest thing to do.

 

Mr. Wilson asked is the building one story or two?

 

Ms. Clever replied it is one-story with a playground inside for children.

 

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

 

Ordinance 35-2006 passed with six affirmative votes.

 

Public Hearing

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)”

 

            Mr. Wilson asked what is your anticipated construction time-frame?

 

            Ms. Clever replied we have to go through final plan approval and then will start construction as soon as we could, probably late this year or early next year.

 

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

 

            Ordinance 36-2006 passed with six affirmative votes.

 

ORDINANCE NO. 38-2006  “ENACTING AND ADOPTING THE 2005 S-7 SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, OHIO, AND DECLARING AN EMERGENCY”

 

Mr. Knox stated I do certify that the codification renumbering and rearrangement is correct.

 

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

 

Ordinance 38-2006 passed with six affirmative votes.

 

ORDINANCE NO. 39-2006  “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH CDS ASSOCIATES, INC., TO PROCEED WITH CONSTRUCTION OBSERVATION AND ENGINEERING SERVICES FOR THE KEMPER ROAD IMPROVEMENTS, PHASE 3 PROJECT AND DECLARING AN EMERGENCY”

 

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

 

            Ordinance 39-2006 passed with six affirmative votes.

 

ORDINANCE NO. 40-2006  “ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH KELLY & CARPENTER ROOFING & SHEET METAL, INC., FOR REPLACEMENT OF THE SPRINGDALE FIRE DEPARTMENT ROOF AND DECLARING AN EMERGENCY”

 

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

 

Ordinance 39-2006 passed with six affirmative votes.

 

OLD BUSINESS

 

            Mr. Osborn said the resolution regarding the Board of County Commissioner’s request to change from the Regional Planning Commission format to a County Format, City Planning Commission acted on this on May 9.  Their vote was to deny to request.  Mr. Schneider and I thought the best way to handle this was to get a recommendation from Planning Commission, then a motion from Council, either affirming or denying the recommendation from Planning Commission, and then go back to Planning Commission who would adopt their resolution and forward it on to the County.  This is a policy issue that goes beyond the realm of Planning Commission.  It gives Council oversight but lets Planning Commission make the recommendation.  We’re waiting on Council to pass a motion. 

 

            Mr. Knox said I want to make a quick comment on the withdrawal of Resolution R11-2006 and Ordinances 41 and 42-2006.  Very late on Friday afternoon I contacted Brenda Weimer.  She had been on the phone all afternoon discussing the Pictoria Tower situation with other attorneys.  At the end of her conversation, they all found out that MEPT had not looked at the petition yet.  They have plans to do something else with the building.  Therefore, we don’t have the petition.  Without the petition you cannot bring in Resolution 11 and without the resolution, you can’t have the ordinances.  We seriously doubt if they are going to make the June 30 deadline, but Ms. Weimer felt they may ask for an extension on the letter of credit from US Bank. 

 

            Mr. Vanover made a motion that Council back the decision of Planning Commission and deny the move to the Hamilton County format.   Mr. Galster seconded.  The motion passed with seven affirmative votes.

 

            Mr. Danbury said I have received some complaints about the resurfacing of the swimming pool.  Apparently when they sealed it there were some sharp rocks under water and my son and some other kids have cut their feet on it.  I don’t know what we can do with water in but evidently there are some rocks there.

 

            Mr. Osborn responded the pool was recoated and sandblasted last fall, and just recently an epoxy sealant was applied.  That delayed the pool opening by a week.  It’s not unusual to have a rougher surface right after it’s been done, but if people are cutting their feet, I’ll certainly check with Gregg to see what we can do.

 

            Mayor Webster said to follow up on Ed’s comments on Pictoria Island, I’m not sure when the Port Authority got involved in this.  The Port Authority has done a ton of work.  Ed is beginning to get legal bills which we are paying out of tax money we have collected from the project, so it’s not necessarily City money.  The last time we talked it was $86,000.  If, at the last minute, MEPT doesn’t show up at the altar, my fears are that we will be presented with a lot of legal expenses that the Port Authority is going to want to be reimbursed for, along with ou

            NEW BUSINESS

           

            MEETINGS AND ANNOUNCEMENTS

 

COMMUNICATIONS FROM THE AUDIENCE            -           none

 

UPDATE ON LEGISLATION STILL IN DEVELOPMENT

 

RECAP OF LEGISLATIVE ITEMS REQUESTED

 

 

 

Council adjourned at p.m.

 

                                                                        Respectfully submitted,

 

 

 

 

                                                                        Edward  F. Knox

                                                                        Clerk of Council/Finance Director

 

Minutes Approved:

 

Kathy McNear, President of Council

 

 

 

__________________________, 2006