City of Springdale History On-Line

When Raymond Johnson stepped down in 1983 only two candidates sought the office of mayor. Vernon French, a council veteran of twelve years, ran on a ticket that promised continuity, and he stressed a recent Cincinnati Post poll indicating that 60 percent of Springdale residents were satisfied with their city government. His opponent was twenty-six-year-old Richard MacGraf, who had only lived in Springdale one year and argued that city officials' unresponsiveness had led to a loss of business. McGraf misread the mood of the voters who were far more concerned about the responsiveness of government to the needs of residents.

The Post poll sought to ascertain how Springdale residents felt about specific city services, including fire, police, and recreation. Overall, Springdale residents were generally satisfied. Yet a broader issue was how Springdale residents felt about their community. How they felt about Springdale, or even whether or not there was a sense of community, was far more difficult to determine.

In fact, Mayor French and the newly elected council were concerned about public apathy. The next five years saw officials attempting to generate interest in public affairs by enticing more candidates to run for office and, hopefully, in strengthening Springdale's sense of community.

City officials became aware of the value of Springdale's long and rich heritage. Yet the reality was that more than two decades of growth had erased many physical reminders of the gentle old village. For many residents, and certainly for the thousands who entered the city to shop and work each day, Springdale's identity was indistinguishable from that of Forest Park, Sharonville, Fairfield or the other towns along the northern perimeter of the Greater Cincinnati area.

One tangible piece of Springdale's historic identity still remained at the corner of Springfield Pike and Cameron Road, although its crumbling headstones was hidden by weeds. Here, in St. Mary's cemetery, rested William Chamberlain, one of the village's founders, with other men buried who had fought for national independence and national unity. Evidence of wealth and poverty, of ravaging epidemics, of family unity and family rivalries all existed in St. Mary's cemetery. But it was evidence at risk of extinction. Since the Springdale Presbyterian Church could not afford the restoration or even the simple upkeep of this treasure.

For more than ten years various members of council, led by Marge Boice, negotiated with the church for transfer of the cemetery to the city. Finally, on August 19, 1987, Boice announced that the city had received title to the property, and Springdale began an extensive restoration and clean-up program. Additionally, the city received a grant from the Urban County Community Development Fund to restore and extend the cemetery's wrought-iron fence.

While the historic cemetery revealed a great deal of Springdale's past, much knowledge had been lost. Anthony Bradburn represented council in its search for ways to retrieve lost information and in August 1987, council authorized a contract with the Midwest History Workshop, a non-profit organization, to assess what research materials, if any, still existed. This history is the result of that commitment. A citizen's history committee was formed to actively involve Springdale residents in the continuing collection and dissemination of historical materials.

Springdale also became more aware of symbols and ceremonies as a means of strengthening community ties. A mortgage-burning ceremony held on December 1, 1985 represented the burning of Ordinances 13, 14 and 15-1975, which had authorized the city to sell 10-year bonds. The ceremony signified Springdale's freedom from debt. Those present included former mayors Norrish and Johnson as well as many past and present members of council. Mayor Norrish reminisced about the budget problems of the early days, and Mayor Johnson commented that the "sixties group got the ship afloat, the seventies group tried to keep expenses under control and to provide more services." The ceremony brought together many former adversaries who now put aside their differences and celebrated the city's many accomplishments.

Harmony did not always prevail. Nothing created more divisions in city government than the question of confidentiality. In Springdale's case, the state's sunshine law, contrary to its name, produced storms. In 1976, council listed topics appropriate under the law for executive session. In 1983 council voted itself the right to expel any member for two weeks who leaked information discussed in executive session. Loose-lipped former members were liable for a fine of up to $1000. The ordinance brought council's rules into conformity with the charter which give council authority to expel members for "leaks," but the move which the press seized upon with glee was a public relations fiasco.

The issue simply would not die. Attorney Schneider advised council on April 3, 1985 of the State Supreme Court decision releasing charter cities from the obligation to abide by the sunshine law. At that time, council president Dave Okum introduced an ordinance to allow council to discuss any matter in closed session as long as it made its formal decisions publicly. The ordinance also permitted guests, upon the majority's approval, to provide confidential information in closed session. After consideration by its rules and laws committee, council decided on a compromise that allowed it to meet in executive session with representatives of two outside bodies, the planning commission and CIC.

In March 1988, council again rejected a proposal that would have allowed it to vote for an executive session on any matter at all. Opponents of the measure stressed that secret discussions created a lack of public trust. That evening, however, a controversy erupted when council excluded Mayor French and Clerk/Finance Director Webster from its executive session. The tempest continued for some months until an ordinance was passed that spelled out who would and would not be included.

In the meantime, responding to the dramatic upturn in the national economic climate, Springdale's financial situation rebounded. The pivotal years was 1984 when the earnings tax increased 10.1 percent over the previous year. In 1985 the city collected $3.5 million in earnings taxes, an increase of more than $300,000 over the previous year. When the federal government eliminated revenue sharing Springdale hardly felt the pinch at all. Webster reported that the city had never depended of those funds for operations and he had not counted on it in preparing the 1987 budget.

Although signs of economic prosperity pervaded Springdale in 1984, Joseph Schwarz, developer of Springdale Lakes, was not so lucky, four of his condominium units, built in 1978, still unsold, he sought buyers for his residential and commercial properties. From 1984 through 1987, Schwarz brought developer after developer before the planning commission and council, all of them pitching revisions of the PUD. Ryan Homes pulled out 1984 when it failed to win the support of the Crossing's Condominium Owners' Association. Oxford Enterprise Development, Inc., proposed building apartments instead of condominiums on the site, but neither the association nor council approved that plan.

Then in June 1985 Schwarz reappeared with a proposal to sell 35.4 acres to W.O. Brisben for construction of 198 residential condominiums. After Brisben met with council's consultants, modified his plan, and reached an agreement with the Crossing's Owners' Association, council approved his project. Two years later, in June 1987, one of the Crossing's residents saw a rental sign in front of the new condominiums. A call to the number listed revealed that Brisben intended to rent rather than sell the units. Neighbors deluged city hall and council with questions about how space zoned for condominiums had come to contain apartments.

On July 1 Cecil Osborn explained that apparently after council approved the change in the PUD one of Brisben's employees leaked the information about the rentals. In response, the city revoked his building permit. Brisben threatened court action. Both the city's attorney and its planning consultants agreed that no legal distinction could be made between owner-occupied and tenant-occupied condominiums. Thus, technically Brisben had built condominiums which he owned and rented to tenants.

This opinion came just as the U.S. Supreme Court upheld a decision that municipalities and city officials were liable for damages resulting from the denial of reasonable zoning requests. The city could do little, other than requiring a letter of credit from Brisben before he rented any units that the city could use, if necessary, to maintain the condition of the units.

When asked how this situation could have happened, resident Bill Bolen quoted one of the more expressive council members who responded, "we got snookered." Residents and officials alike were determined not to let that happen again by ensuring that any new development plans would be examined with a very sharp eye.

III

With 1987 came another new wave of interest in Springdale for retail expansion. In July, Kravco, Inc., managers of Tri-County which was now owned by Equitable Life Insurance Company, announced plans to add 370,000 sq. ft. of retail space to the mall. Well aware of the massive traffic jams in and around the existing center, especially during the peak Christmas shopping season, Springdale secured an agreement from Kravco to make major road improvements to Princeton Pike and Kemper Road. Word that two rival malls were planned within a two mile radius of Tri-County promoted Kravco to accelerate its timetable for expansion. One of these centers, the Forest Fair Mall, was located in Forest Park and Fairfield, with the other developer, Shopco, Inc., a New York firm, planning to build its center southeast of Princeton Pike and Crescentville Road, just north of Tri-County Mall.

Shopco planned to locate its center on a 141-acre site used as a park by the General Electric Employees Activities Association. The complex deal took three years to complete, and if Springdale approved the zoning change, Shopco agreed to purchase 240 acres from the Burchenal family in nearby Woodlawn as a site for a new GEEAA park.

The planning commission, which had the right to hire planning consultants and to charge their fees to the developer, retained Shaw, Weiss, and DeNaples to guide it through the complexities of the Shopco proposal. That the commission had enormous difficulty finding a local firm without commitments to either Shopco or Kravco was a strong indication of the struggle to come.

In the autumn of 1986, when Shopco approached the planning commission for the first time, two years and considerable funds had already been spent on the project. The planning commission held the first of many special meetings on December 26 and Shopco officially applied for the zoning change from RF-1 to PUD the following spring.

When the planning commission met on June 30, 1987 for the public hearing on the Shopco plans, the discussion continued until nearly three o'clock in the morning. Nevertheless still another meeting had to be called for July 21. Shopco Development Director Frank Lanza outlined the plans for a colossal $203 million complex containing 1 million square feet of floor space which would later be expanded to 1.5 million. A ten-story hotel, a strip retail center, offices and condominiums would complete the project. Shopco had commitments from McAlpin's and J.C. Penney, and Lanza referred to ongoing talks with Elder-Beerman, which later formally committed, and an unnamed fourth department store. Shopco won the competition with Kravco and Tri-County for the first two mall anchors.

Typically, the first public reaction came from Heritage Hill, the neighborhood destined to feel the greatest impact if the center materialized. With its long history of community activism, it seemed to many as if Heritage Hill had been preparing for this moment since its inception. Squeezed between expressways and industry, and dependent on over-traveled Crescentville Road for egress, Heritage Hill had a long tradition of bitter struggles over development.

Three points, traffic snarls, increased flood risks and decreased property values, concerned Heritage Hill. Yet despite numerous objections, the planning commission approved the project by a six to one vote. Anne Barnett, a resident of Heritage Hill, immediately announced that a committee would be formed to express her community's opposition to council.

Council scheduled its public hearing for August 19. Noted Cincinnati attorney C. Francis Barrett, represented Shopco, and in a "beautifully orchestrated presentation" he attempted to defuse the opposition by addressing the issues of concern one-by-one. Shopco promised to build a storm sewer capable of handling one million gallons more than the ten-year capacity required to ally fears of flooding. As far as traffic was concerned, plans to widen S.R. 747 (Princeton Pike) to eight lanes from north of Crescentville Road to south of I-275 complemented plans to widen Crescentville Road six lanes at Princeton Pike, narrowing down as it neared Heritage Hill to the east. In addition, Shopco promised to build a railway underpass at the cost of $6.5 million to allow free flow of traffic on Princeton Pike, and to prevent backup on I-275. The company would use mounds of landscaped earth to shield Heritage Hills, creating a pastoral effect. Barrett also projected that the center would add 3000 permanent new jobs and $600,000 annually in city revenues from earnings, entertainment and real estate taxes, with an additional $1.1 million for the Princeton School District.

Shopco had a number of important political and legal supporters. State Senator Stanley Aronoff, Chairman of the Senate Finance Committee, appeared at the public hearing to answer questions about the widening of S.R. 747. Councilmember Marge Boice noted that the Ohio Department of Transportation had indicated not less than a month earlier that widening S.R. 747 would not begin until 1990. Now it appeared that the project might begin as early as the end of 1987. "If Shopco does not go through, then will it be delayed until 1990?" she asked Aronoff. The senator replied that North 747 would go through in any event. Constructing another interstate interchange would depend on the results of a necessity study. Council, however, wanted to hear that information directly from ODOT officials.

Despite their thoroughness, Shopco executives misread Springdale. While some cities desperately needed the revenues a center of that scope could provide, Springdale did not. The people of Springdale already regularly endured the stress created by heavy traffic, and the thought of even greater congestion was appalling. Years of listening to glossy presentations and splendid promises had created a very sophisticated, and cynical, citizenry. Chris Burns, a founder of Springdale Concerned Citizens, the group organized to lead opposition to the mall, expressed the prevailing attitude:

The hearings recessed, to be continued in September. On September 2 the aisles and doorways of the council chamber had to be cleared of residents eager to speak. A throng waited outside the chamber door struggling to hear the proceedings.

Rarely had Springdale experienced such unity among its various neighborhoods. "It's not just a Heritage Hill problem, its a Springdale problem," one individual commented. Numerous residents voiced fears that Springdale would become a "blacktop" city, and "a place to shop, not to live." John J. Kelley, Jr., attorney for the Springdale Concerned Citizens Committee, presented council with a petition signed by 1,527 residents who opposed the mall. The next evening the recreation center became the site of the hearings in an effort to accommodate the masses of residents who wished to attend.

Local attorney Tim Burke, who represented Equitable Life and Kravco, played on Springdale's fears of litigation. He brought into the open what Marge Boice would come to refer to as "the subtext of court action" if council refused Shopco. Burke obviously knew much about Springdale's recent history. "Too often," he said, "local officials who anticipated being sued acquiesced to zoning changes." They feared that if they went to court and lost, they would lose any protection they might otherwise obtain by negotiating concessions from the developers. The city should not allow that unspoken threat to limit its choices, Burke argued.

Finally Burke addressed what must have been in everyone's thoughts, the June 1987 Supreme Court decision which allowed local officials to be sued for damages by developers. Burke argued that case applied only when zoning restrictions prohibited all other profitable uses. The existing zoning on the GEEAA property allowed for more intense use and a reasonable economic rate of return, he stated.

Two representatives from ODOT answered questions about whether road improvements depended on approval of the Shopco development. One representative indicated the widening of Princeton Pike to five lanes would "proceed as planned," if the council refused Shopco, but not to the eight lanes projected if Shopco was successful. The I-275 interchange, though dependent on the outcome of the necessity study, "would jump to the head of the list," if Shopco went in and built the underpass.

Hours before the final assembly on October 7, attorneys for Shopco filed an anti-trust suit against Kravco. The suit asserted that Kravco's efforts against the rezoning represented an illegal move to block competition. Shopco also claimed that Kravco helped organize the community opposition.

During the October 7 meeting, Springdale's city engineer, Wayne Shuler, presented the city's own traffic analysis. Some questioned the validity of the traffic count presented by Shopco. According to Shuler's analysis, the existing interchange did not have the capacity to deal with the traffic. Yet both federal and state governments became involved in building the proposed interchange and in widening Crescentville Road over I-275 and such involvement frequently meant long delays in construction. Shuler questioned if the improvements could be accomplished even by the year 2000. Therefore, he felt the city had to consider the impact of the Shopco development in the event of delays in road improvements.

The room filled with tension as the evening wore on. Finally a representative of Springdale Concerned Citizens demanded to know how council would vote. Marge Boice articulated the mood of Springdale:

Her fellow council members added their own emphatic "no's."

Those who thought that the council's rejection of the Shopco project would put an end to the matter were badly mistaken. At first, the vote seemed to unify the community in its opposition to the idea of a large New York corporation trying to dictate its will upon Springdale. However, that unity disappeared when Shopco filed a $20 million lawsuit against the city. Personal and political divisions deepened amid the finger-pointing and second guessing.

For the next 2 years, a calculated campaign of intimidation and intrigue, unlike anything ever seen in Springdale, ensued pitting council member against council member, resident against resident. Finally, after a long and tortuous legal battle, a settlement was reached wherein Shopco pledged not pursue future developments in Springdale, plus it agreed to pay the city $50,000 towards any legal costs.

More importantly to city officials, Shopco also issued a public apology, stating its satisfaction that Springdale's decision was the "product of a good faith determination" by public officials which was "beyond reproach." Though feelings of relief and vindication surrounded the settlement, which to many stood as "proof that a city can stand up to the threat of intimidation of legal action in order to protect the principals of good land use planning," no one could ignore the tremendous personal and political toll that would take years to heal.