President of Council Kathy McNear called Council to order on August 16, 2006 , 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, and McNear. Mr. Vanover and Mr. Wilson were absent.

The minutes of August 2, 2006 were not available.

RESOLUTION R15-2006 “COMMENDING THE SPRINGDALE REDS BASEBALL TEAM FOR ITS OUTSTANDING SEASON AND BEING LEAGUE CHAMPIONS”

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

Mr. Danbury congratulated the boys and coaches for doing so well in a competitive league. Mr. Danbury said the Youth Boosters enables the youth to play in Springdale at no cost. They supply the uniforms and equipment, etc.

Mayor Webster said it’s the first time we’ve had a baseball team to be honored in a long time. We expect to see you back up here in subsequent years.

Resolution R15-2006 passed with five affirmative votes.

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

Capital Improvements – Mr. Danbury said the main traffic switch over at the CSX grade separation is supposed to happen in late August. Vehicular traffic will switch to the west side of SR 747 under the bridge in late September. The completion date is set for October 31, 2006. The Fire Department roof replacement will be complete in late August. The Fire Department HVAC work will begin in September. The SR747 pavement replacement at I-275 is on the agenda tonight. Construction will start in September. We will shut down in November and resume construction in April 2007 with a completion date of June 2007. We have a few items on our agenda tonight dealing with the firing range at the Police Department. Construction should start in late September.

Finance Committee - no report

Planning Commission – Mr. Galster said Golden Leaf Development and a conditional use permit to allow outside display at Lowe’s were tabled. Chick-Fil-A got final approval on the PUD.

Board of Zoning Appeals – Mr. Squires said there was a request by the owner at 671 East Crescentville Road to convert a garage to living space. The current owner purchased this house ten years ago and the garage was finished at that time. He was replacing the garage door and the inspector saw him doing the work without a permit. The request was approved 6-1. The owner of 979 Pilgrim requested to have an above-ground pool eleven feet from the property line. It was a topographical hardship and was approved 7-0. The third applicant appeared for the third time requesting a thirty foot by 60 foot garage at 288 West Kemper Road. The need for this is because of the home occupation he has. BZA has allowed oversize garages before. This passed 5-2. The resident must come before BZA again to discuss the home occupation. There is a request from BZA to Council to ask Council to instruct Planning Commission to discuss and come up with guidelines about what to do with oversize lots in Springdale. We have a restriction of 120 square feet maximum for construction of a shed and 700 square feet for a garage. Some of our lots, especially on Kemper Road, are extremely large and they require extra guidelines.

Mr. Danbury asked have you been able to identify how many oversized lots there may be?

Mr. Squires replied I don’t know.

Mr. Danbury said on Smiley and even Kemper Road there are very deep lots.

Mr. Osborn said we have extensive lots of this type throughout the City, mostly on Kemper Road, some on Smiley. They are not oversize; they are deep lots. They were laid out as garden plot lots. They are not unique and I think we have to be very careful about approaching this topic. If we allow the opportunity for someone to build an oversize structure close enough to the house that it would be close to qualifying as a regular size lot, that could create a situation where it interferes with the residential use of neighboring properties. In very deep lots a structure at the rear of the property might be some consideration but I wouldn’t want to underplay the significance of tampering here.

Mr. Squires said BZA’s feelings on this are would there be guidelines on setbacks and how close the structures should be to the home.

Mr. Galster said you said the resident had been in three times. Is there a certain amount of time once a denial happens before they are permitted to come back in?

Mr. Squires replied there used to be but not anymore.

Mr. Galster said I think this particular lot backs up to the Community Center field and I don’t know if it is a deep as some of the lots on Kemper Road. This is an 1800 foot garage and you mentioned we had approved three since you’ve been on the board. How large was the largest one?

Mr. Squires replied 1200 square feet.

Mr. Galster said these garages on Kemper Road are pretty large. One is high enough that you could fit a metro bus inside of it. Given a unique situation or hardship on a particular lot, I don’t have any problem with allowing a variance to the Code but I don’t know if rewriting the code for garages of this size is the way we want to head. I don’t know if I’d want to live next door to an 1800 square foot garage.

Mr. Squires responded this is a pole barn.

Mrs. McNear said that is larger than a lot of houses.

Mayor Webster stated I was the one who suggested we look at the Code and see if we didn’t want to create some exceptions for exceptionally large lots. That’s not to say that just because you have a large lot, that you throw out the setback requirements. I don’t think it’s right to treat a property owner who has two-thirds to an acre and half lot the same as someone who has a 75’ x 120’ lot. All those end up in BZA’s lap and I think if you have a section of the Code that says if you meet the setback requirements, they should be given some latitude.

Mrs. Harlow says we struggle with sheds most of the time. People have oversized lots and they have to get a variance for a shed that is 12’ x 14’ or 12’ by 16’. They have plenty of room to put the shed away from the house and the setbacks.

Mr. Osborn said I don’t disagree with the Mayor if we are going to be looking at these on a more frequent basis. There should be some guidelines. If the Board of Zoning Appeals doesn’t feel comfortable dealing with this issue, we should really look at setting guidelines that moves these structures to as far to the rear of the property as possible and have a substantial setback for them. I think structures of this size will change the character of the neighborhood if we continue to allow them to build like this.

Mr. Galster said since BZA seems to see a lot more of sheds than garages, I don’t have any problem with looking at both, but my personal opinion is, even looking at them real hard and under special circumstances, an 1800 square foot shed is not something I would support putting in our Code. Maybe there would be some guide that says if you have this much acreage you can increase it, but I have a hard time envisioning that going from 700 feet to 1800.

Mr. Squires said there was a very vocal feeling on the board that in order to approve something like this, that the Zoning Board was, in effect, rewriting the Zoning Code.

Mr. Osborn replied you do that every time you grant a variance.

Mayor Webster stated but you are not rewriting the code in that just because you let one man do it you have to let another one do it. It’s still an exception. I think it’s a stretch to say you’re rewriting the Code.

Mr. Schneider said think in terms that you are sitting there as a judicial body determining rightness and meeting the exceptions for that individual property. That’s the only thing you are considering. The new one comes up may be exactly the same but you still have to go through there. More times than not, there is some variation. You do make an interpretation and determination as to what is proper within the regulations, what is fair and reasonable in this situation.

Mr. Galster said based on that comment, the fact that other variances have been granted for other oversize garages should never really even come into the discussion, or should they?

Mr. Schneider responded, not really, because you are not setting policy, but as a practical matter it does because one neighbor and another neighbor, you have to somewhat justify why this is the way it is. It’s a practical situation.

Mr. Danbury said we have some people following the Code where they meet all the requirements. You look at the size of the lot and you see this huge house and it just doesn’t look right.

Board of Health - no report

Veteran’s Memorial Committee – Mr. Galster said the first publication of cook books sold out within three weeks of publication. The second publication is available now. We are having a pretty good response for sponsorships of holes, putting, long drive, and main event for the golf tournament.

O-K-I – Mr. Knox said Senate Bill 191 and House Bill 400 are aimed at removing local zoning authorities by townships and counties over mineral mining such as gravel pits and sand. You might ask what that has to do with Springdale as we don’t regulate such a thing. We get our water from the aquifer. That water is cleansed by going through sand and gravel. If you start removing sand and gravel, you start changing the geology of the situation and can change the water you are getting. If you are interested in clean water, it is something to talk to your local representative about.

Mayor’s Report – Mayor Webster said I’d like to share a few comments I got today from David Caulter. He appreciates how clean we keep the City. He enjoys walking here and just wanted to pass this on.

Mayor Webster stated I received a letter from Helen and Martin Levy, 840 Yorkhaven written to Greg Karle. It says: “I was delighted to meet and talk with you about the Springdale Recreation Center. My love affair with the center began several months ago when Matt Beatty saw me doing nothing while waiting for my husband to finish his exercise program. Matt convinced me to start walking. When I got into the walking club, he convinced me to work in the fitness center. Matt received his well deserved promotion and that meant that he cannot handle my fitness program. He introduced me to James Smith. He would be my personal trainer. What a joy it is to work with him. It is very difficult to find the right words to describe James and the way in which he works. He is so patient, good-natured, understanding, tenacious, and above all, extremely knowledgeable and well versed in his field. I cannot ask for a more incredible personal trainer. My husband and I are very fortunate to belong to a facility that is so well staffed and offers so much to its senior citizens.”

Mayor Webster continued I assume everyone got an invitation to the Heritage Hill groundbreaking ceremony on August 28.

Jeff Tulloch said the good news on the soil remediation on the Springdale Dry Cleaners site has finally been concluded. There is still some material to be removed and we expect it to be removed to the landfill the latter part of this week. The extent of the contamination that we anticipated in June is far more extensive than what we thought. The ordinances passed in June for a total of $89,000 were predicated on 280 tons of contaminated materials being removed, with the prospect of that going to 400 tons. Unfortunately, at this point it looks more like 800 tons and the cost will be significant. We will have answers as to what this change might be at the next Council meeting.

Mr. Tulloch said on a more positive note, construction is at or ahead of schedule on the balance of the center and the initial anticipated occupancies are in late October. Angilo’s had indicated that they were probably moving out of Springdale but I was able to get with Dick Shank and the operator of Angilo’s has leased the Spinning Fork Restaurant. She has been a long—time business person in Springdale and is moving up from 600 square feet to 2400 square feet plus. The old building she was in will come down in September and the others in October. I do not have a current leasing status. Randy Cooper said they were pleased with what they have accomplished to date and have a good prospect list.

Mayor Webster said the 703 Yorkhaven property is completed. It will go on the market at a top dollar price of $182,900. I would also like to commend Dave Butsch and all the guys at Public Works for the fine job they have done on the house.

Mayor Webster stated the Greencastle property is gone. We are going to be advertising bids in a two-part process. The first proposal will be for the design. If we like the design submittal, then we will look at the dollars you propose to pay us. If we don’t like the design we will throw it in the trash can with the sealed dollar bid. This is one way for us to assure we will get a good quality product out of this.

Mayor Webster said I’d like to thank Andrea Reeves. She has highlighted the bicentennial for the last four or five weeks. She has done a remarkable job and we appreciate that. The history book is available for $40, ten dollars more to ship it. Mayor Webster went through the events for the bicentennial. They are:

8/23 parade

8/26 Jim Cole concert

8/31 blood drive

9/9 ice cream social, antique car & bicycle show, skateboarding

demonstration and big band concert. Also art show at

Frame USA

9/13 Community Expo

9/15-17 quilt show, flower show

9/16 golf outing

9/23/ dedication of Springdale Elementary and Taste of Springdale

hot air balloons, Cincinnati Civic orchestra, fireworks

Mayor Webster stated we are undergoing fundraising activities. We have bought an advertising package from Time Warner. Mr. Danbury and Mr. Tulloch are trying to market that to some of our businesses. It is part of an overall corporate sponsorship. I think we had $25,000 in the budget for this event. We will have another shortage on this, probably to the tune of $25,000 to $30,000. We’re hoping to cut into this with sponsorships. For $6,000 the sponsor gets advertising and a planter.

Mr. Osborn said the hot air balloons will be tethered but people will be able to go up in them.

Clerk of Council/Finance Director - no report

Administrator’s Report - no report

Law Director’s Report - no report

Engineer’s Report - no report

COMMUNICATIONS - no report

COMMUNICATIONS FROM THE AUDIENCE - none

ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 60-2006 “ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH BEST TECHNOLOGY SYSTEMS FOR DEMOLITION WORK ON THE SPRINGDALE POLICE FIRING RANGE RENOVATION PROJECT AND DECLARING AN EMERGENCY”

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

Mr. Osborn said the firing range we are proposing has been on our budget for four or five years. We keep cutting it every year because of cost issues. It is original equipment. It was built in 1974 as part of the first municipal building. It has had some repairs over the years but it is essentially the same system that was put in in 1974. The system in place is a Casewell System so when the architects and engineers put together their specifications, they built it around a Casewell System although bidders were allowed to submit substitutes. We received only one bid, Meggitt Defense Systems/Casewell for the installation and Best Technology Systems for the demolition. The cost for the demolition is $12,480; and the cost for the firing range installation is $155,912. The City Engineer’s office had a total estimate of $167,000 so it’s very close. We budgeted $185,000.

Ordinance 60-2006 passed with five affirmative votes.

ORDINANCE NO. 63-2006 “AUTHORIZING THE CITY’S PARTICIPATION IN FINANCING PUBLIC IMPROVEMENTS IN COOPERATION WITH THE PORT AUTHORITY AND AUTHORIZING THE EXECUTIION OF DOCUMENTS TO EFFECTUATE SUCH FINANCING, AND DECLARING AN EMERGENCY”

Mr. Danbury made a motion to read by Council only. Mr. Squires seconded. The motion passed with five affirmative votes.

Mr. Squires made a motion to adopt and Mrs. Harlow seconded.

Mr. Knox said the emergency portion of this comes from the fact that everyone involved in this is trying to have the closing on the bonds by August 24. The authorization we are actually giving is for the Mayor and I to sign documents that the City must sign before this can go forward. There are a few minor things we would like to correct in here although none of them would cause harm to the City. In order to do that, Section 1 says “any other documents deemed necessary by the City’s legal counsel each in substantially the form presently on file with the Clerk of Council with such changes as are requested by the Mayor, the Clerk of Council/Finance Director or the City’s Law Director.” You are being asked to vote on an authorization for us to go forward but if anything untoward were to happen, which we really do not expect, we can just not sign it and withdraw our signature from it..

Ordinance 63-2006 passed with five affirmative votes.

ORDINANCE NO. 61-2006 “ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH MEGGITT DEFENSE SYSTEM/CASEWELL FOR THE INSTALLATION WORK ON THE SPRINGDALE POLICE FIRING RANGE RENOVATION PROJECT AND DECLARING AN EMERGENCY”

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

Mrs. Harlow asked does this firing range factor into the Police Department accreditation?

Mr. Osborn responded we still have a firing range that functions to a great degree. It just needs a lot of work and takes a lot of repair time. So that hasn’t had any affect on the accreditation.

Ordinance 61-2006 passed with five affirmative votes.

ORDINANCE NO. 62-2006 “ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH BARRETT PAVING MATERIALS, INC., FOR THE STATE ROUTE 747 REHABILITATION PROJECT AND DECLARING AN EMERGENCY”

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

Mr. Osborn said this has been on the drawing board for some time. The limits on the project are SR 747 from the eastbound I-275 exit ramp to the westbound I-275 entrance ramp. We had anticipated that the project would cost $919,000. Asphalt prices have continued to escalate at a totally unexpected rate. This project has come in at $1,083,837.84. Initially the City’s share of this project was budgeted at forty percent of that $919,000 or $367,600. Given the fact that our outside funding is fixed, we have to absorb the cost overrun. As a result, this project will come in $164,837 more than we budgeted. The City’s share of the project will go from forty percent to forty-nine percent. I would request Council to consider favorably on this ordinance. This project will not get any less expensive and we want to get it done in close proximity to the work on the grade separation. It should be competed by late spring 2007. We will find the money to meet this overage.

Ordinance 62-2006 passed with five affirmative votes.

Mayor Webster said I would like to go back to Ordinance 63-2006 and make a few comments. We do have Brenda Weimer here from Peck, Shaffer, Williams who has been invaluable to us throughout this whole process. I don’t know how we would have gotten to this point without her expertise. Is there anything we should have asked you before we passed this?

Ms. Weimer said there are still a few minor issues to resolve with the documents but the ordinance allows for that to take place before the documents are executed and effective. Mr. Schneider, Mr. Knox and I are all paying close attention to what is happening with each iteration of the documents. Those changes will be made in the interest of the City before the closing takes place prior to the end of this month. This will allow the financing to proceed as has been the City’s goal and get this wrapped up once and for all.

OLD BUSINESS - none

NEW BUSINESS

Whiskey Willy’s is proposing to move the liquor license from the old Chi-Chi’s to where Famous Dave’s was.

MEETINGS AND ANNOUNCEMENTS - none

COMMUNICATIONS FROM THE AUDIENCE - none

UPDATE ON LEGISLATION STILL IN DEVELOPMENT - none

RECAP OF LEGISLATIVE ITEMS REQUESTED - none

Council adjourned at 8:22 p.m.

Respectfully submitted,

Edward F. Knox

Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council

__________________________, 2006