President of Council Marjorie Harlow called Council to order on May
19 2010 at 7:00 p.m.
The governmental body and those in attendance recited the pledge of allegiance. Mrs. McNear gave the invocation.
Mrs. McNear took roll call. Present were Council members Diehl, Emerson, Galster, Hawkins, Squires, Vanover and Harlow.
The minutes of May 5, 2010 were approved with seven affirmative votes.
RESOLUTION R10-2010 COMMENDING CERTAIN GRADUATES UPON RECEIVING SCHOLARSHIPS FROM PRINCETON HIGH SCHOOL
Mr. Vanover made a motion to adopt and Mrs. Emerson seconded.
Mrs. McNear said I actually serve on the Princeton High School committee and its been very rewarding for me, especially being a former Princeton graduate. I also attended an awards ceremony last week where millions and millions of dollars were given out in scholarships to the graduating class. These sixteen students are receiving scholarships specifically from Princeton high School and the funds that have been raised. I do want to mention one student who is with us this evening. His name is Christopher Steineman and he has been very successful. Not only did he receive the scholarship from Princeton, he has also received one from Ohio State. Because he was a National Merit Scholarship award winner, he was actually sent a scholarship for $87,000 from the University of Oklahoma and he hadnt even applied there. I know hell be a great success.
Mrs. Harlow, Mr. Squires, and Mayor Webster offered congratulations.
Resolution R10-2010 passed with seven affirmative votes.
COMMITTEE AND OFFICIAL REPORTS
Civil Service Commission Mr. Thamann provided information from the May 13 meeting. The 2009 annual activities report was submitted to the State Employee Relations Board. There was an update on the timeline for the sergeants promotion process. There was a discussion and approval on the Assistant Police Chiefs examination process. There was discussion and approval to move forward with the process for the hiring for a Senior Administrative Assistant position. The last item was a discussion on the reasons to allow the Civil Service Commission to adjourn to an executive session.
Rules and Laws - no report
Mrs. Harlow said she would like to bring forth a special committee for Rules and Laws. I would like to request Mr. Hawkins and Mrs. Emerson to be on the committee and I wanted to ask Councils permission to have Mrs. McNear sit on the committee. The Clerk of Council/Finance Director does have some duties that are outlined in the policies and procedures. Id also like to take advantage of Mayor Websters thirty-seven years of experience in the City government. When we look at this document it is really important for us to know where the City was when this document was drafted and to know the history of the drafting of this document. I would also like to ask Councils concurrence that Tom Vanover be on the committee. Does anyone object to the makeup of the committee?.
Mr. Galster said we are asking to form a special committee for the committee on Council rules?
Mrs. Harlow said it is for Rules and Laws. We would have to assign them the duty of drafting a document to bring before Council.
Mr. Galster said my only question is terminology because we are making a special committee of Rules and Laws when the Rules and Laws is a committee thats always standing. This special committee is really a committee on Council Rules. I think we make that separate determination and make a cutoff date that once the evaluation of those Council rules has been completed, that the committee is terminated.
There were no objections to the committee. Mrs. Harlow asked Mr. Hawkins to set a meeting.
Finance Committee - no report
Planning Commission Mr. Vanover said there was a color facade change for Outback Steakhouse. They are coming in line with the corporate color scheme and a gold color will be added around the windows. That was approved 6-0. A wall sign at Hoxworth Blood Center at 11812 Springfield Pike was tabled. Under new business we had outdoor sales and landscaping at the west entrance to Tri-County Mall. This was termed a preliminary but in reality was a conceptual plan. They are experimenting with adding a seasonal landscape operation by the main entrance. There will be a t landscape bed and there will be a retail area. That was tabled at the applicants request.
Mr. Galster said not only is Tri County going to do the plants in the spring and fall, one side would be permanent and the other side would have pumpkins in the fall, Christmas would have Christmas trees. The concern is what is it like when theyre not selling product there. Im sure there is also concern about loading issues.
Board of Zoning Appeals Mr. Hawkins stated the owner of 811 East Crescentville Road was granted a variance for a salon to be operated at the residence. We also approved a revised application for applicants to come before the Board of Zoning Appeals. Some of the wording was changed to be more specific and other notable changes were including the Duncan requirements which would be the factors that need to be met to have a variance granted as well as requiring three photos minimum so the Board of Zoning Appeals gets a better idea of what they are looking at and what the applicant is trying to do.
Mrs. Harlow asked the variance for East Crescentville is for a salon?
Mr. Hawkins replied the application was for a salon to be operated inside the home. The State Code requires there has to be a separate entrance that does not directly connect with the living quarters, have to have exhaust fans, cannot occupy more than 20 percent of the building, all the members of the household residing at that residence may work there, the number of vehicles attracted to the premises should not exceed two at any time, and there should be no expansion of off-street parking permitted.
Mrs. Harlow asked how does that work into our zoning? Some businesses have had to come in for a renewal.
Mr. Hawkins stated BZA did grant a variance for a set period of time, which from my understanding is not technically valid. Technically, the variance is supposed to go with the land in perpetuity. The fact that that is still there, I guess it can be remedied the next time it comes up.
Mr. Parham stated, just discussing with the Law Director, in the past BZA would grant variances with specific time limits, but then the Law Directors office informed us that once a variance is granted, there is no time limited. It is there with the property. I would assume that even though at the time it was adopted with a time limit, it still cannot be enforced with that time limit but stays with that piece of property.
Mr. Galster said if there is a desire to have a time restraint then the process needs to be a conditional use instead of a variance. I believe that this applicant requested a variance from the Code because beauty and barber shops were specifically prohibited so that they were asking for a variance from that home business. Other home businesses have the right to operate in Springdale but this one was specifically prohibited. If there is a desire to have time restrictions we have to be extremely careful about issuing variances that have that in it. They would need to go through a different process.
Mr. Parham responded we must be careful about granting conditional use permits. They are not freely granted. There are certain conditional uses that are granted for certain zoning classifications. I know from time to time we have thought it was okay to adopt a conditional permitted use for a zoning but it didnt fit and was not permitted in that situation. Even conditional permitted uses do not fit for all situations.
Mayor Webster said I was going to make that exact point because we just had a situation where we tried to use that approach and it just didnt fit. Mr. Hawkins, your comment about the dog grooming business, if they decide not to come back in I dont think we can do anything about it. Since theyve been granted a variance for years, thats there forever.
Mr. Diehl asked is there anything available to the City with a time period, Mr. Forbes?
Mr. Forbes replied with respect to limiting variance consideration, no.
Mr. Diehl asked is there any alternative besides a variance?
Mr. Forbes replied no. As Mr. Galster pointed out, if the situation qualifies for a conditional use, and sometimes it does, thats an opportunity. A conditional use by definition you can put conditions on which could include time limitations but thats not the case with a variance. It really has to be a case by case, use by use look at the Zoning Code to see what is the proper procedure to apply. If someone applies for a variance and a variance is granted, then it runs with the land. The nature of a variance should be tied to an issue related to the property, not necessarily the user of that land. Once the determination is made that the property qualifies for a variance, then that property has the variance.
Mr. Squires said I received a letter from Wood & Lamping in 1990 regarding that very same thing. This letter went on to say that time limited variances appear to circumvent the definition of a zoning variance and are invalid. This was read into the report last night. A conditional use permit was mentioned and I thought that was the direction we were going to go but it died. A vote was taken to approve the variance as read.
Board of Health Mr. Squires reported the School Environmental and Safety Regulation was passed. The Community Health Survey results have been tallied and the Health Department will use the results to.
Clerk of Council/Finance Director
Law Directors Report
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 18 -2010 AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT WITH TEC ENGINEERING, INC., FOR THE PROVISION OF PROFESSIONAL SERVICES FOR THE OPERATIONS AND MAINTENANCE OF THE CITY OF SPRINGDALES CLOSED LOOP TRAFFIC CONTROL SYSTEMS AND DECLARING AN EMERGENCY
ORDINANCE NO. 19-2010 ACEPTING THE PUBLIC IMPROVEMENTS WITHIN THE PUBLIC RIGHT OF WAY ON THE SPRINGDALE POINTE SUBDIVISION PLAT (THOMPSON THRIFT)
MEETINGS AND ANNOUNCEMENTS
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
RECAP OF LEGISLATIVE ITEMS REQUESTED
Council adjourned at p.m.
Clerk of Council/Finance Director
Marjorie Harlow, President of Council