President of Council Kathy McNear called Council to order on January 7, 2004, 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.
The minutes of December 17, 2003 were approved with seven affirmative votes.
Mr. Knox read a communication from the Government Finance Officers Association: "The Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Springdale, Ohio by the Government Finance Officers Association of the United States and Canada for its comprehensive annual financial report." Mr. Knox stated we have received this two years in a row. This is only the third year we have done it so we have gotten one every year. When the award arrives we would like to schedule a presentation by one of the GFOA people.
Mayor Webster read a letter from the Springdale Senior Citizens Club: "Dear Mayor Webster and Springdale City Council Members: We, the Senior Citizens of Springdale, would like to thank all of you for the generosity you have given us in the past. Thanks to you we were able to participate in a lot of activities which a majority of us would not have been able to do. We hope you all had a good Christmas and Happy New Year."
Mr. Wilson said I received some correspondence in reference to the Springdale Veteranís Memorial. "Please accept my donation to the Springdale Veteranís Memorial in memory of Chuck Lindner and the other veterans who fought and gave their lives for our country. Thelma Lindner". Mr. Wilson stated she enclosed a check for $500. We sincerely appreciate that and will be calling her.
COMMUNICATIONS FROM THE AUDIENCE - none
APPEAL OF PLANNING COMMISSION DECISION Ė PROVIDENT BANK
Mr. Knox read a communication from Keating, Muething and Klecamp PLL, attorneys at law. "Dear Mr. Osborn: This firm represents the Provident Bank. The bank is currently engaged in a company-wide logo and identification change, which would be utilized uniformly in all of sixty plus branch banks and in all interiors and exteriors of all its branches. The logo changeover will also occur on all bank related marketing materials. The new color theme is blue and gold. At the Planning Commission meeting of December 9, 2003, the commission denied Providentís application to change colors and signs at the above-referenced property. The Planning Commission denied the request for approval based on plans submitted by the Provident Bank through Holthaus Signs on August 6, 2003. We hereby appeal that decision to the City Council and hereby request that we be placed on the next available docket to appear before City Council. Kindly inform me of your next meeting. I am attaching a copy of the denial letter from which we are appealing.
Mr. Trauth, attorney for Provident Bank said here with me is the marketing director of Provident Bank, Ms. Lisa Sammons. What I conveyed in my letter is what is occurring as we speak. I have several exhibits that will help us make our presentation. The bank is in the process of changing its logo and image. This is based upon a marketing study that they had done. They are changing their colors from the current red, blue and white to blue and gold. It will occur interiorly in all the banks and on the ATM machines outside. We have two locations in the City of Springdale, 495 East Kemper Road that we are appealing and I believe Planning Commission indicated that whatever applies to that would also apply to the one located at 11525 Springfield Pike. We are asking that this color scheme that we are adopting in sixty-five branches throughout the greater Cincinnati area, be applied here also. The spreadsheet that I have shown you is one that indicates at least 25 or 26 actual approvals to date and some jurisdictions donít even have permits required for such a minor signage or color change. We probably are 35 or 40 branches into the 65 to date. The changeover will occur on a greater Cincinnati-wide basis on February 9th. Itís important that we coordinate this in all communities. Holthaus Sign Company has been coordinating this for us. There was some concern in Planning Commission over part of the ATM being white. It attracts graffiti and is hard to keep clean. We think the blue is a much richer color and is one that will certainly coordinate throughout the city. When you have a corporate identity you have to have it on everything. With that we appeal the decision of Planning Commission and request that we be able to do here in Springdale as we do across the city.
In response to Mrs. McNear, Mr. Forbes stated this is an appeal from the decision at Planning Commission. Mr. Trauth has given his presentation. You can open it up to questions from Council. When all the questions are answered, it comes to a motion of Council. Because it is an appeal to a decision from Planning Commission, Ordinance and Charter require that to override that decision it takes a super-majority of five affirmative votes from Council.
Mrs. McNear stated I am employed by Fifth Third Bank and if you would like me to step down I will do so. Mr. Trauth responded there is no problem.
Mr. Galster said these photos show the white sign face. Is that because the face just hasnít been replaced on it yet? Mr. Trauth replied yes.
Mr. Danbury said this isnít what Council typically does, getting involved in matters like this. Planning Commission and BZA live by certain guidelines and rules that we set forth. However, I do see in a situation like this, you have a number of banks, and a lot of dollars and thought process going into this situation. I donít see a problem with the changes due to the fact that this is bigger than Springdale. You want a single identity throughout the community.
Mr. Galster said just for clarification, the only actual store that had a request before was the one on Kemper Road so this would be an overturn of that particular location only at this point. I anticipate that you will make a presentation at some point on Springfield Pike and I would also anticipate that Planning Commission will kind of abide with however this ruling goes.
Mr. Trauth responded we did make application for both initially, and we brought this in as an example. They said whatever applies to this applies to the other.
Mr. Galster replied we brought that up when they came back the second time asking if these same changes would be applied to Springfield Pike, but there is no place in the application where you have requested this change on Springfield Pike.
Mr. Trauth asked is it feasible for us to get through Planning Commission and back to Council?
Mr. Galster stated I donít think itís a problem to get back on Planning Commission agenda for next Tuesday, January 13th with an application for Springfield Pike. I think Planning Commission would abide by whatever decision is made on the Kemper Road location.
Mayor Webster said in our meeting yesterday you indicated that you would be willing to take a conditional approval, one that would grant the City the right to re-look at this issue if you made some concessions to other communities.
Mr. Trauth replied yes we did, because we donít intend to make concessions.
Mayor Webster responded I donít think we want to be the only community in sixty-five locations that is different, but at the same time, if we sign on, then find out you go somewhere that has stringent standards, then I think we would like to revisit our two locations.
Mr. Trauth said we would be happy to agree to that.
Mayor Webster stated we have a Planning Commission that weíre very proud of that does a wonderful job for the City. Because of their efforts businesses want to locate in the City or stay in the City. However, in this particular case, I really take issue with their decision and Administration does support Providentís appeal.
Mr. Galster made a motion to approve the applicantís request with the stipulation and condition as previously discussed between the Mayor and the applicant. Mr. Vanover seconded.
The motion passed with five affirmative votes. Mr. Galster and Mr. Vanover voted no.
CHRISTMAS LIGHTS AWARDS
804 Cedarhill Drive Thompson Family
12065 Brookston Drive Tolar Family
1st Place 866 Clearfield Lane Svach Family
2nd Place 805 Ashcroft Court Smith Family
3rd Place 12135 Bridgeport Lane Neyer Family
Hm 12030 Chardon Lane Robinson/De Armond
Hm 826 Clearfield Lane Ostendorf Family
Hm 12060 Elkridge Drive Wetterer Family
Hm 674 Cedarhill Drive Strayhorn Family
Hm 12015 Elkridge Drive Hendrickson Family
1st Place 11850 Fairsprings Court Judy Compton
2nd Place 11856 Glenfalls Court Ramsey Family
3rd Place 12065 Springdale Lake Drive Turner Family
Hm 11817 Woodvale Court Ricks Family
Hm 335 Glensprings Drive Reed Family
Hm 609 Glensprings Drive Barnett Family
Hm 11810 Glenfalls Court Assaf Family
580 Cloverdale Avenue Michael Plum
567 Smiley Avenue Sunderman Family
693 Allen Avenue Singer Family
1st Place 700 Allen Avenue Perkins Family
2nd Place 607 Smiley Avenue Osterman Family
3rd Place 746 West Kemper Road Sharkey Family
Hm 696 Allen Avenue Emerson Family
Hm 517 Cloverdale Avenue Hamm Family
Hm 462 Dimmick Avenue Wolf Family
Hm 506 Dimmick Avenue Douglass Family
Hm 639 Cloverdale Avenue Edrington Family
Hm 507 Dimmick Avenue Cassedy Family
11551 Madison Avenue Heckman Family
1st Place 11490 Whallon Court Wright Family
2nd Place 583 Lafayette Avenue Brabbs Family
3rd Place 11493 Whallon Court Fenstermacher Family
Hm 579 Lafayette Avenue Brewer Family
Hm 585 Grandin Avenue Di Marco Family
Hm 577 Observatory Drive Foster Family
Hm 11485 Bernhart Court Rabert Family
Hm 565 West Kemper Road Miller Family
1st Place 482 Vista Glen Leach Family
2nd Place 376 Cameron Road Williamson Family
3rd Place 11095 Springfield Pike Hocker Family
Hm 444 West Sharon Road Janzen Family
Hm 375 Cameron Road Stacy Family
11783 Van Cleve Avenue Salatowski Family
249 Ruskin Drive Shroyer Family
1st Place 11828 Ramsdale Court Shirley Flynn
2nd Place 11718 Van Cleve Avenue Carroll Family
3rd Place 11817 Neuss Avenue Meyer/Vanover
Hm 118 Ruskin Drive Meece Family
Hm 11816 Neuss Avenue Sorrell Family
Hm 11960 Lawnview Avenue Krause Family
Hm 104 Rosetta Court Mayweather Family
Hm 113 Rosetta Court Ammon Family
12122 Audie Court Rish Family
1st Place 829 Cresentville Road Rokiski Family
2nd Place 777 Castro Lane Barbara Akers
3rd Place 12158 Audie Court Monson Family
Hm 966 Ledro Street Bertram Family
Hm 877 Tivoli Lane Farmer Family
Hm 780 Ledro Street Atkisson Family
Hm 757 Ledro Street Moore Family
Most Decorated Street ĖVan Cleve
Most Decorated Subdivision Ė Beacon Hills
ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 56-2003 "ACCEPTANCE OF THE DEDICATION PLAT FOR RIGHT-OF-WAY BY THE SPRINGDALE CHURCH OF THE NAZARENE ON STATE ROUTE 4"
Mr. Galster made a motion to adopt and Mr. Vanover seconded.
Ordinance 56-2003 passed with seven affirmative votes.
ORDINANCE NO. 1-2004 "ANNUAL APPROPRIATION / ESTIMATED RECEIPTS ORDINANCE FOR FISCAL YEAR ENDING DECEMBER 31, 2004"
Mr. Squires made a motion to adopt and Ms. Pollitt seconded.
Mr. Osborn said on Exhibit B these are the numbers that were presented to Council at our work session on December 17th. The total at the bottom of $16,070,305 may look a little different. You may recall, for our internal purposes we segregate out the Health Insurance Trust Fund and the Insurance Trust Fund, and the last two numbers in the left column have an asterisk. Those are the numbers associated with those two funds. If you back that out of the total you end up with $14,925,512 that was presented at the budget presentation in December. We had predicted that the budget would come in at $15,160,000. It will actually come in at $14,700,000, almost $800,000 below our appropriations for last year. Itís coming in $288,000 lower than what we had predicted. In addition, our revenues performed better than predicted in the budget material prepared last fall. We had a variance of a positive $99,429.00. With the additional revenue and additional cost cuts we have picked up another $387,000 as a balance forward into 2004.
Ordinance 1-2004 passed with seven affirmative votes.
ORDINANCE NO. 2-2004 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ACCEPT THE LANDSCAPE EASEMENT LOCATED AT THE NORTHWEST CORNER OF SPRINGFIELD PIKE AND WEST KEMPER ROAD AND DECLARING AN EMERGENCY (CVS)"
Mr. Vanover made a motion to adopt and Mr. Wilson seconded.
Ordinance 2-2004-passed with seven affirmative votes.
Mr. Wilson nominated James Bush, 877 Yorkhaven Road for Charter Revision. Mr. Wilson said I talked to him about his interest in getting involved with the City and told him about the opening on Charter Revision. I think he would be a valuable asset.
RESOLUTION NO. 27-2003 "APPOINTING JAMES BUSH AS A MEMBER OF THE CHARTER REVISION COMMISSION"
Mr. Vanover made a motion to adopt and Mr. Galster seconded.
Resolution R27-2003 passed with seven affirmative votes.
RESOLUTION R1-2004 "AUTHORIZING THE INVESTMENT OF MUNICIPAL FUNDS"
Mr. Vanover made a motion to adopt and Ms. Pollitt seconded.
Resolution R1-2004 passed with seven affirmative votes.
RESOLUTION R2-2004 "REQUESTING ADVANCE PAYMENT FROM THE COUNTY AUDITOR"
Mr. Squires made a motion to adopt and Mr. Vanover seconded.
Resolution R2-2004 passed with seven affirmative votes.
RESOLUTION R3-2004 "CONFIRMING THE MAYORíS APPOINTMENT OF GEORGE KELLNER TO THE SPRINGDALE BOARD OF HEALTH"
Mr. Vanover made a motion to adopt and Mr. Galster seconded.
Mayor Webster said Resolutions R3-R5 are reappointments for existing members of the Board of Health. They all do a fine job. This is Mr. Kellnerís first full appointment. He stepped in for Harry Haverland last summer. Mr. Kellner was employed with the City of Cincinnati Health Department before retiring from there. I urge your support on all three resolutions.
Resolution R3-2004 passed with seven affirmative votes.
RESOLUTION R4-2004 "CONFIRMING THE MAYORíS APPOINTMENT OF PAM WILLIS TO THE SPRINGDALE BOARD OF HEALTH"
Ms. Pollitt made a motion to adopt and Mr. Vanover seconded.
Resolution R4-2004 passed with seven affirmative votes.
Mr. Squires made a motion to adopt and Mr. Vanover seconded.
Mayor Webster said I would like to express my appreciation to Carol for her dedicated service to the Parks and Recreation Commission. We are sorry to lose her. Carol spent many years with the Parks and Recreation Commission of the City of Cincinnati. She brought some great ideas and added a great deal to our local Parks and Recreation Commission. Due to health concerns Carol felt it necessary to resign her position. We wish her well.
Resolution R6-2004 passed with seven affirmative votes.
Mrs. McNear nominated Bill Reichert for the Charter Revision Commission. He lives on Springdale Lake Drive, has been a resident over thirty years, was a teacher for over thirty years, coached high school and community sports. He has been treasurer and a teacher for his church, and attended Xavier, Miami, UC and Wright State.
RESOLUTION R7-2004 "APPOINTING WILLIAM REICHERT AS A MEMBER OF THE CHARTER REVISION COMMISSION"
Mr. Vanover made a motion to adopt and Mr. Squires seconded.
Mayor Webster said the term should expire in 2005 instead of 2007.
Resolution R7-2004 passed with seven affirmative votes.
Mr. Osborn stated we had a meeting yesterday with Barrett Paving Company, the contractor who is doing the second phase of the East Kemper Road project, the ones responsible for the wall that has collapsed. They have been very cooperative in trying to come up with a strategy to address the situation. They have agreed to the City retaining full value of the wall until we are satisfied that it has been reconstructed correctly. We will be bringing in the final change order with legislation at your next Council meeting because there is far more money outstanding than just the value of the wall. In fairness, we feel it is appropriate to pay them down to the point that we are reserving enough to independently reconstruct that wall if we have to. They have also indicated that they would like to postpone the reconstruction until mid to late February. We agreed to that with the stipulation that they not begin on or before Presidentís Day, because many of the retailers have big promotions associated with that. They have also indicated that they will be going in in the short term and taking down a few more courses of the block to a level that is satisfactory to our City Engineer just to prevent any further failure of the wall while we are waiting for weather to improve to do the reconstruction. The meeting couldnít have gone better. They were very professional and made no excuses. They were embarrassed by the fact that it had failed. Barrett Paving has done many projects in the City and they always do high quality work.
Mr. Osborn stated a month or so ago I announced to Council that we had received a $17,000 grant through the Ohio Governorís Office Highway Safety Program for a traffic signal system inventory citywide. This was in preparation for a bigger study and application for funding on replacing our technology hardware and software. The State did not require legislation up front but now they want some sort of evidence that Council has authorized the expenditure of the $17,000. Under our Charter and State Law we donít need that for anything under $25,000 so whatís been proposed is that we get a motion from Council acknowledging the fact that the City has received the grant for the traffic signal inventory and approves its expenditure.
Mr. Galster made a motion to authorize the expenditure and Mr. Vanover seconded. The motion passed with seven affirmative votes.
Mr. Wilson said I wanted to add further comments to the communication I read from the Lindner family. Chuck Lindner was our second mayor. Perhaps Mr. Webster would like to make a few comments.
Mayor Webster stated Mr. Lindner was our second mayor. Mr. Lindner also worked in the County Engineerís office and was the Chief Building Official in Springdale. He was on Planning Commission and Council. He was definitely one of the founding fathers of Springdale. He and his family always supported the City and theyíve always been very generous with their time and effort, and in this case, money. We appreciate the donation from Mrs. Lindner and his sons.
Mr. Osborn said Mr. Lindner truly is a member of our founding fathers. I believe Chuck was involved in the Springdale Civic Association which was the group, along with the Fire Department, that organized the effort to incorporate Springdale back in the fifties.
Mr. Danbury said Iíd like to remind Council that the Lindner family dedicated the sundial right by where we will have the Veteranís Memorial.
Mrs. McNear said youíve heard me complain about the power in the Springdale Lake Drive/Peak Drive area. Cinergy has been in the area for a couple of weeks now. There is a huge piece of equipment in my yard. I just wondered, Mr. Shvegzda, if you could tell me how long we could anticipate having the yards torn up.
Mr. Shvegzda said we will have to get back in touch with the personnel there but weíll find out.
Mr. Osborn said we received a request from the Regional Planning Commission to confirm the Cityís appointments to the Planning Partnership for 2004. The City of Springdale receives two appointments. Previously, those were Mr. Huddleston and me. Then Mr. Huddleston stepped into the alternate role and Steve Galster became our other voting representative. With Mr. Huddleston gone we will have to pick a third party. Iím quite willing to continue but if you would like to move someone else into the voting position thatís fine.
Mayor Webster said I strongly recommend that we continue having Mr. Osborn and Mr. Galster continue as the two voting members. Somewhere in the paperwork they had Mr. Osborn listed as the alternate.
Mr. Osborn stated they had to do that because Dick was an officer and he had to vote at board meetings.
Mr. Danbury made a motion to have Mr. Osborn and Mr. Galster be the voting members of the Planning Partnership for 2004. Mr. Vanover seconded. The motion passed with seven affirmative votes.
Mayor Webster said I would like to not name the alternate tonight unless someone here has a burning desire to do that. I have someone in mind who is now on our planning commission and has served in some capacity in the regional planning process. I would like to see if he would be interested in assuming this alternate position.
Mr. Parham said I will make contact with Cinergy tomorrow but as I was reviewing my notes, they anticipated that it would be around March 2004 for completion.
Mr. Osborn said I received some information from Greg Karle, Parks and Recreation Director, who advises that the Ohio Parks and Recreation Association has awarded a first place designation to the Springdale Recreation Centerís 2003/2004 program brochure in the category of print and media. The association hands out awards in different categories each year. A great deal of this outcome was the result of Jackieís efforts.
Mayor Webster said I have a letter that I would like to read. This letter is going out to every resident of Springdale fifty-five years and older. The letter advised the residents of Baldwin Grove to be located on Springfield Pike. Eligible Springdale residents will be given first opportunity to reside there when it opens. The resident must be fifty-five years or older and fall within the maximum income level of $36,000 for a single person household and $41,150 for a two-person household for the year 2003. This is one of the things we were adamant about in our negotiations with CMHA and I know for a fact that there are at least two seniors who have already applied. I think this will be a tremendous addition to the City of Springdale. That was a blighted area and just tearing down the structures that were there has made a great improvement, and I think once Baldwin Grove goes in it will be the icing on the cake.
MEETINGS AND ANNOUNCEMENTS
Board of Health - January 8
Planning Commission - January 13
BZA - January 20
District 4 meeting Ė Heritage Hill School - January 14
District 3 meeting - January 15
Princeton Bowl Ė proceeds for Veteranís memorial - January Fridays
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT none
RECAP OF LEGISLATIVE ITEMS REQUESTED
Change order for Kemper Road project - January 21
Council adjourned at 8:20 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council