President of Council Kathy McNear called Council to order on February 19, 2003, 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, Pollitt, Squires, Vanover, Wilson and McNear.
The minutes of February 5, 2003 were approved with seven 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 - Mr. Wilson reported that ODOT has awarded the SR 4 ODOT resurfacing project from Cameron Road to Glensprings project to Barrett Paving. Construction is tentatively set for May. The Crescentville Road repair and resurfacing work from SR 4 to Chesterdale is being performed as part of an overall Butler County Engineerís Office resurfacing project. We will be responsible for that portion of the work within Springdale. It is anticipated that this work will begin in early summer.
Public Utilities - no report
Capital Improvements - Mr. Danbury stated that everything on the east side of the Streetscape project is done. Construction is still being done on the west side. Most of the streetscaping will be done by mid March with tree planting in April. The Phase II Old Commons Drive project will start in March and be complete in August. The Sharon Road intersection will start again with a completion date of May 9. ODOT will be rebidding the CSX grade separation this fall.
Finance Committee - no report
Planning Commission - Mr. Galster said the only item on the agenda was CVS Pharmacy for final plan approval. There are still a lot of items that need to be addressed by the applicant. It was tabled and we expect them back next month.
Board of Zoning Appeals Ė Mr. Squires said there was one item to allow a variance to allow the construction of a kitchen addition to 396 Naylor Court. The house is legal but non-conforming because it has a thirty foot setback instead of forty feet. The variance was granted 7-0. Greg Dale of McBride Dale Clarion discussed guidelines for Boards of Zoning Appeal.
Board of Health Ė Ms. Pollitt said the board meeting was routine. There was a draft of a contract for the medical director. It is a result of possibly needing him on call 24 hours/seven days a week. Also, there was a resolution giving the Health Department the authority to shut down a restaurant for a critical violation and revoke their license. The resolution was passed unanimously. The Childrenís Health Fair for third graders will be held April 15.
Veteranís Memorial Committee - no report
O-K-I Ė Mr. Knox reported that he was able to bring up the situation with the grade separation thanks to a question asked by Commissioner Dowlin. As I was describing the situation no one seemed to be surprised, and when the meeting was over two people came up and said the railroad did similar things to their cities.
Mr. Galster asked did they get the project done the next year?
Mr. Knox replied in one case it is a bridge that has not been used in seven or eight years. The City got permission to tear it down. They got the preliminary engineering and were ready to go ahead and the railroad said letís leave it the way it is.
Mayorís Report Ė Mayor Webster reported the last snowstorm over the weekend cost the City $27,000. All the labor was on overtime. Year to date we have spent $107,583. A lot of cities are running short of salt and weíve had a lot of calls from sister cities asking us to loan them salt. Our dome holds 2,400 tons of salt. We currently have 444 tons available. Things are not critical and I understand we have another shipment coming in this week. I think last year we spent about $5,000 in labor and materials. Our guys are doing a remarkable job. They certainly earned that $14,000 worth of overtime.
Clerk of Council/Finance Director - Mr. Knox said on Ordinance 10-2003 that we received late in the day I would like to remove the emergency clause. According to Mr. Osborn at the last meeting, it is not necessary so I would like to delete it from the title.
Administratorís Report Ė Mr. Parham stated we are passing to you the Cityís storm water management draft on how the City will address the MPDES requirements. This document was put together by Burgess and Niples Engineering, the consultant that has been used by the City of Forest Park for a number of years for their storm water program. At one of the two previous meetings we chose not to be a part of the Countyís program and said that we would partner up with Forest Park. This document is part of the requirements. We must put together our plan and then advertise or publish it for a period of seven to ten days. This document is currently on the website and can be accessed there. We have a hard copy at the front desk of the Municipal Building. Anyone who has questions relative to the subject of the document can contact Dave Butsch, Superintendent of Public Works.
Mr. Parham continued we were notified this week that the bids for the SR 4 paving project came in higher than were originally estimated and the State forwarded to our attention that we need to submit an additional $29,000 to them for our share. The bids were $17,000 greater than the estimate plus the State adds their ten percent and there are other administrative charges. We ask for legislation at the next meeting.
Law Directorís Report - Christy Holmes will be sitting at the next meeting. Engineerís Report - Pat Madl will be sitting at the next meeting
COMMUNICATIONS - Mr. Knox said we received a public notice of receipt of a 401 application from the Ohio EPA addressed to the Mayor and Council so we distributed it to everybody. There doesnít seem to be anything in there that bears upon the City of Springdale.
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCE NO. 7-2003 "ACCEPTING A PROPOSAL UNDER THE STATE ADMINISTRATIVE PURCHASING PROGRAM AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH MEDTRONIC PHYSIO-CONTROL CORP. FOR THE PURCHASE OF ONE DEFIBRILLATOR AND DECLARING AN EMERGENCY"
Ms. Pollitt made a motion to adopt and Mr. Vanover seconded.
Mr. Squires asked what is the life of a defibrillator, 4 years? Are they no good after that?
Mr. Parham replied it is longer than that. Mr. Osborn has had some discussion with the Chief as to any further use we can get. Iím not sure but I can check with the Chief.
Mr. Danbury said a lot of communities offer this to their police officers.
Mr. Parham responded I donít know if the Fire Department would have continuous use for them. Iím also not sure if our patrol officers are trained to use them.
Mayor Webster said let us look into what discussions Mr. Osborn and the Chief have had and weíll get back to you at the next Council meeting.
Ordinance 7-2003 passed with seven affirmative votes.
ORDINANCE NO. 8-2003 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO APPROVE A CHANGE ORDER IN THE AMOUNT OF $25,462.50 TO INCREASE THE CONTRACT OF TREND CONSTRUCTION FOR THE SPRINGFIELD PIKE STREETSCAPE PROJECT (SR 4) AND DECLARING AN EMERGENCY"
Mr. Squires made a motion to adopt and Mr. Vanover seconded.
Mr. Galster said $860,000 shows as the existing contract and the attachment shows $866,000. Does this cover all four points of the intersections?
Mr. Shuler replied this would cover all directions of the two intersections at Kemper and SR 4, and SR 4 and Northland.
Mr. Galster asked what about the one at Peach Street?
Mr. Shuler answered weíre going to use loops there because we only have loops on the side streets. In addition to this $16,000 of savings that offsets part of the cost of the video detection cameras, this is just a lead in to the existing loops. When ODOT comes to resurface they will ground out all those loops and it will cost us $26,000 to replace all those loops. If you take that $26,000 plus this, itís virtually a wash, plus we feel this system will give us more flexibility and better service in the future and eliminate some of the cost we have on-going. Iím still looking at numbers on the first question and Iím not sure which we should have.
Mr. Galster asked do we anticipate that we would like to go to this type of system at most major intersections?
Mr. Shuler responded if it is successful on two fronts: appearance and if it operates the way we anticipate the way it will, yes, we will probably go to this system in the future.
Mr. Galster questioned if it doesnít operate the way we anticipate, what are the options of getting this intersection back into the old way of doing it?
Mr. Shuler replied it would just be a matter of putting loops back in. The controller is the same. The only thing we are changing is the detection that tells the controller what to do.
Mr. Danbury said Mr. Wilson and I spoke with Mr. Osborn prior to the last meeting and it was my understanding that we were talking about four intersections, that Peach and Church were included in this. Have things changed and would this video system override the loops? I donít want to have people waiting because traffic is stacked up. How will the loops and video interplay with one another?
Mr. Shuler answered you wonít have both detection loops and video detection at the same intersection. You will have one or the other. Early on, we were discussing all intersections but I thought after we discussed the system and the costs involved, and because we were only going to have loops from the side streets at Peach, that we felt we could stay with the same system. My understanding of the final resolution was that we would only go with the two major intersections.
Mayor Webster said I think we did decide to go with Peach Street also. I think we are going to have three intersections.
Mr. Shuler replied if you decided at the last meeting to add Peach, I donít believe these numbers are correct. Donís memo to Cecil outlines the cost based on two intersections.
Mr. Parham said if you look at the change order, it says the contract has changed as follows, Installation of video detection instead of loop detection at SR 4 and Northland, and SR 4 and Kemper costs for video cameras." I think the only two we are including here are those two intersections and excluding Peach. That gives us our $42,000. The next two items are the deducts that get us to the number that is in the ordinance today.
Mayor Webster stated there is no deduct for Peach Street because itís not in there, but I think our intentions are to put the camera on Peach Street.
Mrs. Shuler said that would be a much less expensive intersection to do it because we are only dealing with the side streets and itís not multi-lane. We apparently missed that and I apologize. Iím sure though that the numbers in this ordinance are for the two intersections only so if your intention is to do Peach Street, weíll have to find out what the additional video camera cost would be for that.
Mr. Galster asked is there anything in the contract for a loop system at Peach?
Mr. Shuler responded no, when we did the original contract we werenít even anticipating putting that in. However, the first change order to the original ordinance dealt with part of that signal.
Mr. Galster said I wonder if we should withdraw the ordinance and wait for it to come back next month.
Mr. Schneider said the amount in the ordinance is correct. It makes no difference in the meat of the ordinance. We are passing an ordinance to supplement it by $25,000. We are citing the correct citation. We are just not stating the in-between change order.
Mr. Galster said we should be able to handle the Peach Street change by an additional change order because that amount should be able to be covered by a purchase order.
Mr. Schneider said if it isnít weíll have another ordinance. There is no benefit to holding this ordinance over that I can see.
Mr. Shuler said I would like to reconstruct this from the beginning for everybodyís benefit so we know exactly what we started with, what we added, what we deleted, so you have a full understanding of where we are now and what we are paying for. Weíll have that for you at the next meeting.
Ordinance 8-2003 passed with seven affirmative votes.
ORDINANCE NO. 9-2003 "ACCEPTING THE DEDICATION PLAT FOR RIGHT-OF-WAY ALONG PEAR STREET AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Mr. Vanover seconded.
Ordinance 9-2003 passed with seven affirmative votes.
ORDINANCE NO. 10-2003 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH ODOT AND OKI FOR THE CONSTRUCTION OF THE SHARON ROAD BIKE PATH AND TO CONTRIBUTE $44,800 TOWARDS THE PROJECT AND DECLARING AN EMERGENCY"
Mayor Webster said this is clearly a resolution and we have it labeled as Ordinance 10 which says authorizing a contribution. Itís not a contribution; weíre entering into a contract. How do we reconcile all this?
Mr. Parham said typically when we authorize agreements we do that by ordinance. Anytime the State provides us with a legislative document, it is in the form of a resolution and they have indicated to us that the documents that are enclosed in this packet are not to be changed. They indicated that the only thing that can be changed is the form of legislation, but they want us to adopt the language that is within the document. Because our practice is to enter into agreements through an ordinance, this document is an ordinance for us. As Mr. Knox indicated, our past performance has been to put this in the form of an ordinance.
In response to Mayor Webster, Mr. Parham said Mr. Knox read the title on the agenda and then the State Resolution.
Mr. Knox said he read the title from the old ordinance so that Council would know what he was talking about.
Mr. Schneider said this is a bit of a complication from the standpoint of the State. We need to adhere to their documentation. Thatís the reason Mr. Parham presented it to you in that form. We normally have a detailed title that states more of the content. For their title, the only title that exists is "Final Resolution." We have been very careful about not changing their documents because we have done it in the past and have been chastised and have had funding held up some years ago. Mr. Osborn and I have been very dogmatic about adhering about that. The title is hard to grasp because we are calling it Ordinance 10 and itís termed Final Resolution. Thatís the way the State wants it. Mr. Schneider said there should be a re-reading of the ordinance by title only ,with the new title which is "Final Resolution."
Mayor Webster said in the top left hand corner it says 83-2000. Whatís that?
Mr. Parham replied that simply identifies the original ordinance for us to enter into performing this project. Ordinance 83-2000 authorized the City to enter into an agreement with the State for the construction of the bike path.
Mr. Vanover made a motion to read by title only and Mr. Squires seconded. The motion passed with seven affirmative votes. Mr. Knox read the ordinance by title only.
OLD BUSINESS - none
Mr. Vanover said we got a Council newsletter from the Ohio Municipal League and one of the items is that the Supreme Court snuffs health departmentsí authority to adopt anti-smoking rules. I know in the past we had some in place. Is that going to have an affect on us?
Mr. Schneider replied I have not read that case. I will read that case and make a summary back to Council.
Mr. Knox said we have a notice from the Legislative Authority from the Ohio Division of Liquor Control concerning the Bistro of Ohio and Kentucky doing business as TGI Fridays. It is apparently a change of ownership. The board had no objections.
MEETINGS AND ANNOUNCEMENTS
Mr. Parham reported that the Public Works Department would like to invite Council to come by and have a piece of cake and bid farewell to Jack King, who is retiring after thirty years of service with the City.
Mr. Schneider said Council still has authority. The case Mr. Vanover brought up involves the Board of Health.
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Ordinance 10-2003 - March 5
Amending Code of Ordinances - future date
RECAP OF LEGISLATIVE ITEMS REQUESTED
Ordinance approving additional cost of SR 4 project March 5
Mr. Galster said the recommended changes to the Springdale Zoning Code was forwarded by Planning Commission. There is a sample ordinance attached. We request it get on the agenda.
Council adjourned at 8:00 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council