President of Council Kathy McNear called Council to order on June 19, 2002, 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 June 5, 2002 were approved with six affirmative votes. Mr. Wilson abstained.
COMMITTEE AND OFFICIAL REPORTS
Civil Service Commission - no report
Rules and Laws - no report
Public Relations Ė Mr. Danbury said the newsletter will be going out soon. The deadline is later this week.
Public Health, Safety & Welfare - no report
Public Works Ė Mr. Wilson stated the wet weather this spring has reduced the amount of progress that the contractor has been able to make. However, the street program should be completed by the original August completion date. Curb removal and replacement is currently underway in the Terrace Subdivision.
Public Utilities - no report
Capital Improvements Ė Mr. Danbury said there are still three parcels that have to be negotiated for right-of-way for the CSX grade separation project. We will be going to court on those. The project will be bid in October and awarded in December. Construction will be 2003 to 2004. There will be a bid opening on July 2 for the streetscape project. Construction will start in August. The Kemper Road project will be advertised July 2. The West Sharon Road bike path final plans have been submitted for ODOT. Construction will be this summer and fall. The design is done for the Sharon Road intersection improvements. Design is underway for the Elm Street improvement and Old Town redevelopment. Construction is anticipated to start in September.
Finance Committee - no report
Planning Commission Ė Mr. Galster reported there was a building elevation change for Globe Furniture. That was approved 7-0. There was a request for approval of a preliminary plan and PUD map amendment for the proposed CVS Pharmacy, 11601 Springfield Pike. That was tabled 7-0. Parking lot expansion for Tuffy Muffler was also tabled.
Board of Zoning Appeals Ė Mr. Squires said Terry Miller, 546 West Kemper Road, requested a variance to allow a 758 square foot garage. A variance was granted with the proviso that the driveway be paved and the existing shed be torn down. Tuffy Muffler asked for a temporary promotional sign. A motion was made to deny the request and it passed 7-0. Michael Murdock, 12172 Greencastle Drive, was on the agenda for the third time to allow the construction of 12í x 16í building. He was a no-show and we voted 7-0 to revoke his variance. Steak & Shake wanted a 39.5 front yard setback and a 18.43 foot rear yard set back. That was tabled. Tri-County Pontiac wanted to take down the Walker sign and replace it with a Buick sign with large letters. That was tabled also.
Board of Health - no report
Veteranís Memorial Committee Ė Mr. Wilson said the committee is continuing to review sites for consideration and design for the memorial.
O-K-I Ė Mr. Knox said he attended the OKI Regional Visioning Session. That had to do with insuring that landscape and transportation linkages are considered in planning processes. What OKI can do about that Iím not sure. I am now a member of one of their committees.
Mayorís Report Ė Mayor Webster reported there have been 143 requests for debris removal trucks. Mayor Webster read a proclamation proclaiming the month of July 2002 Parks and Recreation month in Springdale.
Mayor Webster read a proclamation proclaiming Sunday, June 23, 2002 as Ohio Association of Colored Womenís Club Day in the City of Springdale.
Clerk of Council/Finance Director Ė Mr. Knox stated this morning we had a meeting of the group that was looking into the hotel tax. The governor has signed that tax into law. The county tax may increase up to 3.5%. Cincinnati may go higher but Mayor Luken has said that he doesnít intend to. All new money that will be raised by this will go to the Convention Facility Authority. The Convention Facility Authority will have eleven members. Three come from Cincinnati, one from the Cincinnati Chamber of Commerce, one from the Cincinnati Convention and Visitorís Bureau. The other six come from Sharonville, Cincinnati Northern Convention and Visitorís Bureau, Sharonville Convention Center and, for the first time in the state of Ohio, one member will be a hotelier, who must be a member of the Ohio Hotel and Lodging Association. That leaves two positions open and they will be decided by the Hamilton County Municipal League with the approval of the commissioners. Mayor Lovitt has suggested that the two people come from Blue Ash, Springdale or Forest Park. This would give us, the group, six to five and we would have control of the money. The really good news for the residents is that part of the agreement is that they will extend the water rate where people outside of Cincinnati will only pay 25% more than Cincinnati resident for thirty years. We tried to have the bill say a certain amount of money would go to the Northern Convention Bureau. That didnít work. We are looking at taking some of the original 3%. Mr. Dowlin would like 25% of it to go to the Northern Convention Bureau. Mr. Portune said he thought a half million dollars would be good. Mr. Neyer is at zero. Mr. Portune says all new money will be required to be spent on only construction and renovation. I proposed at the meeting that a joint resolution be written that Sharonville, Springdale, Blue Ash, Forest Park and anyone else who would like to join telling the Hamilton County Commissioners what our thoughts are, how we think the money should be handled. The hotel people are also organizing in their associations.
Administratorís Report Ė Mr. Parham said last winter the Ohio Bureau of Workerís Compensation held a public employersí summit. Over the last couple of years they have recognized that a great deal of the worker compensation losses have been associated with public employers. If you attended that summit they would give you a 25% bonus on your premium. I attended the summit for the City last winter and received notice this afternoon that the City would receive a check in the amount of $17,990.93 in November. Their strong recommendation is that the dollars be used towards safety programs and preventive programs for work related losses. In the past they have provided us discounts on our premiums or a rebate check. They donít believe those will be forthcoming anymore.
Law Directorís Report Ė Mr. Schneider requested an executive session to discuss acquisition of real estate.
Engineerís Report - - no report
Resolution R15-2002 was moved up. Ms. Pollitt nominated Bob Coleman for Planning Commission. He has been a resident of Springdale for 21 years. He served on Civil Service Commission for nine years, eight as chairman. Heís been very active in the community and has raised two children in the school district. He is Director of Human Resources at the Cincinnati Zoo.
RESOLUTION R15-2002 "APPOINTING ROBERT COLEMAN AS A MEMBER OF THE PLANNING COMMISSION"
Mr. Vanover made a motion to adopt and Mr. Wilson seconded.
Mr. Danbury said it will be hard to replace you on Civil Service Commission but your talents are going to be served no matter what you do.
Mr. Wilson said Iíve known Robert almost as long as Iíve been in Springdale. Heís always been involved. Heís the kind of individual we look for.
Resolution R15-2002 passed with seven affirmative votes.
COMMUNICATIONS - none
COMMUNICATIONS FROM THE AUDIENCE
Jerry Ash said Iím the owner of the property that hopefully will be acquired by the City of Springdale and Iím here to discuss it. About 2:00 p.m. today we delivered a letter to Mr. Schneider stating our position as to where we would like to be with Springdale so I can move on with my life. On March 15, 2002, Mr. Schneider came in unannounced, told me what was going on, said basically that I needed to relocated in 90-120 days. Being in Springdale since 1978 and being in business since I was nineteen, it sort of threw me for a loop. I felt coming in unannounced was a little ridiculous. We are in our fourth month and are still no farther along than we were on March 15. I would love to get this resolved. I have another place to go to; I would love to go there, but my deadline is July 1. I gave you all a letter tonight. The letter says why weíre being fair. Weíre trying to split everything in half. I think half is the only way you can negotiate without going to litigation. You want your project to move through. I understand that area is not what Springdale wants. But I think whatís fair is to give me what I deserve. Iíve employed five people down there for twenty plus years, paid city income taxes for all those employees. I heard a comment that some of the people on Council thought it was a part-time business. Itís a full-time business. I would like to get this resolved. I want you all to be fair and letís move on.
ORDINANCE NO. 29-2002 "AMENDING THE ZONING CODE ARTICLE 2 DEFINITIONS "TEEN CLUB"; SECTION 153.201(G) AND (H) PRINCIPALLY PERMITTED USES, SECTION 153.216(U) PRINCIPALLY PERMITTED USES, SECTION 153.218 (F) CONDITIONALLY PERMITTED USES, SECTION 153.231(Q) & (R) PRINCIPALLY PERMITTED USES, SECTION 153.246(H) & (I) PRINCIPALLY PERMITTED USES, SECTION 153.261(H) & (I) PRINCIPALLY PERMITTED USES, SECTION 153.497(B) RELIGIOUS PLACES OF WORSHIP, SECTION 153.431 PERMITTED BUILDINGS AND USES, SECTION 153.502(F) OFF STREET PARKING & DESIGN STANDARDS, SECTION 153.422(D) PROCEDURES, SECTION 153.491 ACCESSORY USES NOT PERMITTED-RESIDENTIAL, OFFICE, PUBLIC FACILITIES AND BUSINESS DISTRICTS, SECTION 153.482(C) FENCES, WALLS AND HEDGES, SECTION 153.707(D) & (F) FORMAL ADMINISTRATIVE PROCEDURES"
Mr. Galster made a motion to read by title only. Mr. Galster seconded. The motion passed with seven affirmative votes.
Mr. Danbury made a motion to re-open the public hearing for the next two ordinances. Mr. Galster seconded. The motion passed with seven affirmative votes.
Mr. Galster made a motion to adopt and Mr. Squires seconded.
Ordinance 29-2002 passed with seven affirmative votes.
ORDINANCE NO. 30-2002 "AMENDING THE ZONING CODE ARTICLE 2 DEFINITIONS "KENNEL/CATTERY", "ANIMAL HOSPITAL/VETERINARIAN OFFICE", "NON-DOMESTIC HOUSEHOLD ANIMALS", SECTION 153.216 PRINCIPALLY PERMITTED USES, SECTION 153.496 HOUSEHOLD DOMESTICATED PETS, DOMESTICATED FARM ANIMALS, ANIMAL HUSBANDRY"
Chief Mike Laage said I would like to bring some information to your attention regarding our animal details. We are not animal control officers, yet we respond to any animal complaint in the City of Springdale. If we need assistance we will call the SPCA officers. Many times itís a neighbor issue. Another issue we are seeing more of is the safety issue. We are seeing more on pit bulls. In 1999 we had 316 details involving animals. In 2000, 277; in 2001, 206 and as of the beginning of June this year, 140 details. We receive a variety of calls, barking dogs, animals running at large. Last week, as a direct result of some of the issues we are facing in our neighborhoods, I issued a memo to all of our personnel designating one officer who would take the lead regarding vicious dogs. There are so many issues regarding the vicious dog ordinance that I think we have to be very directed towards this ordinance in making sure that all the requirements are met, such as confining the dog, the structure the dog is confined in, etc. I can relate two cases in Heritage Hill. We have received 18 calls regarding one residence. I do not believe these are false calls. I believe these are valid calls. We have cited this person a couple of times. At other times we see no evidence of a dog barking or of a dog outside. I do believe by increasing the number of animals per household will just increase our problems. Iím a dog owner. I like dogs but by the same token I think you have to have a limit. I think we have to look at what fits within our single family dwellings, and also the same criteria applies to our apartments. It may be easy to say three small cats wonít create a problem, but three large Dobermans may cause a problem in an apartment building. I donít think our activity in regards to animal call is slowing down whatsoever. We donít take enforcement action on every detail we answer. The vast majority of time we will try to talk with the owner and try to get them to control the animal. I think we have to be careful what we permit in the City per household.
Mayor Webster said I asked Chief Laage to come in because I thought you should heard that. I have some grave concerns about changing this number also from two to three. Last year we had ten dog bites and one cat bite in the City. The year before that we had five dogs, three cats, and one bat. The year before that we had 13 dogs, one cat, one ferret, one bat. I donít think thereís any doubt that if we allow people to keep 50% more animals than what they are presently allowed to keep, these stats along with the ones the Chief just recited, are going to increase. What price do we put on allowing people to have three pets. Itís not our mission to see how much money we can generate in Mayorís Court for yapping dogs, dog bites, etc. We try to work these things out. Thereís a lot of time and effort, not only by the police but also administration, trying to referee situations in neighborhoods. I have two on my desk right now of bad situations that have gone on for some period of time. Itís just escalating and not getting better. I think for us to change this ordinance would be the wrong thing to do. I would encourage Council to pass the ordinance with an amendment to keep the pets at two.
Mr. Galster said I agree with you. This ordinance has worked for thirty years and I donít see any need to change it. I make a motion to amend Ordinance Number 30, exhibit A, Section 153.496, paragraph A-1 and change all the threes to twos. Mr. Squires seconded. The motion passed with six affirmative votes. Mr. Vanover voted no.
Mr. Galster made a motion to adopt Ordinance 30-2002. Mr. Squires seconded.
Ms. Pollitt said every time we have a Board of Health meeting we have a few incidents. Two neighborhood boys were bitten by a dog. It not only puts a strain on the Police Department but it ties up the Board of Health.
Mr. Wilson said my issues are legal and health. If someone is walking down the street with three dogs and one breaks loose and a child or dog is killed and someone wants to sue, they arenít just going to sue that resident. They could sue the City and those on Council who would have supported this. Iím not saying they would win but there are legal costs that we would incur every time someone wants to sue. There was a comment made a while back about 2475 single households. If one-third of them decided to have three dogs and 800 dogs decided to poop and there were no pooper scoopers, imagine what our City would smell like. Thereís also noise. Iím not in favor of this.
Mr. Danbury said I wasnít in favor of this originally. I see that some people would like to have three dogs or cats but I think thatís a small number. It would put a large number of people at a disadvantage. If one dog barks the other dogs are going to bark. We have a lot of lots that are very narrow and they canít permit that many dogs.
Mr. Vanover said Chief, I welcome your comments and appreciate the job that you do, but the problem that I have is that for so long we have said you can have three or four, just donít tell us. I think we have set ourselves up for this situation because we have dealt with it on a complaint basis. The problem I see and good ole Barbara Woodhouse is right, itís not a problem of dogs, itís a problem of dog owners. Do we legislate bad parents? We have those problems too. It stems from the human factor that we become involved. We have two cats. I have to admit I thought I would be the last person to own a cat. My cats donít go outside. My dogs never left the yard. If someone is walking the street without a pooper scooper and they are walking their dog for that activity, we need to deal with it. We have to rely on common sense. I kept one of the biggest breeds you can have. Would I keep three great Danes in an apartment, no way. This was all brought about because a citizen came in and requested this because she wanted to be legal. Chief, if you look at the numbers and frequencies, itís probably the same people. I think we have created an enforcement nightmare. Do we back it up and legislate no dogs or cats at all? That would make it easier.
Mr. Schneider said if we are going to change back to two dogs or two cats, we need to change the paragraph above where it says kennel/cattery. We need to change the definition of 153.014 to be reduced to three. Thatís part of our enforcement leverage.
Mr. Galster made a motion to amend Ordinance 30-2002, Exhibit A, Section 153.014 Kennel/Cattery definition to change all fours to three with the exception of four months. Mr. Squires seconded. The motion passed with six affirmative votes. Mr. Vanover voted no.
Mayor Webster said Mr. Vanover, we have sections and law books dealing with bad parents so itís not that we just ignore that. You hit on the key word, common sense. If the whole world had common sense, we could go back to the Law Library and do away with 90% of those books, 90% of the judges. Unfortunately, in this regard and other regards, there is a certain percentage of our population who doesnít exercise common sense; therefore, we have to have rules, laws and regulations. As far as enforcement, I concur with the way we enforce that. To do otherwise would be an invasion of privacy. It is one of those laws that we passively enforce. Itís not like donít tell us, we wonít enforce it. Itís there if we need it. If youíve got three cats and no one ever sees them, who cares. Weíre not going door-to-door searching peopleís houses to see how many animals they have. By not doing that, if thatís encouraging the situation then Iím sorry, but I donít know what else we can do.
Mrs. McNear said I live in an area that has hundreds of apartments and condominiums and I also live in a PUD and weíre not allowed to have fences in our yards. People who have dogs do not have fences unless they have invisible fences. I walk almost every day and I see lots and lots of people out with their dogs and only twice this year have I ever seen anybody with a pooper scooper or a bag. Pet owners, if you want people to respect you and your animals, make sure you pick up after them. I have to take my shoes off at the door because of people who donít curb their dogs.
Ordinance 30-2002 passed with six affirmative votes. Mr. Vanover voted no.
ORDINANCE NO. 39-2002 "ADOPTING AN AMENDED SPRINGDALE COMPREHENSIVE PLAN"
Mr. Jonathan Wocher, McBride Dale Clarion said I am here to present the Comprehensive Plan draft. We have been working with the Steering Committee for a lengthy period of time. The Comprehensive Plan is intended to be a tangible representation of what the community wants to be in the future. That includes a guide for land use, transportation, and general development policies. Itís also an important component to having defensibility as the Planning Commission and City Council make decisions. There were a series of leadership interviews from the citizenry and business owners. We also involved the Chamber of Commerce. A lot of effort was made to define community planning issues. The plan identifies implementation strategies and the final component of the plan process is the adoption by the City. The plan is not a law. The plan is a guide. The land use map was the basis of a lot of our analysis. Existing land use is used to define how each parcel is currently used and to identify conflict areas, transitions between commercial and residential areas, and identify vacant land within the City. Approximately 35% of the land area is used for residential purposes, 19% for commercial, then office, industrial and parks and recreation. Youíre a growth maintenance city. You are maturing and we need to put strategies in place to insure that there is consistency between developments and to discourage incompatible uses. About 60% of the housing in Springdale is owner occupied. You have a large number of employers with a daytime population of 52,000. The plan also looked at coordinating transportation issues. We presented to the steering committee the existing thoroughfare plan and incorporated the recommendations of future roadways into our analysis of future land use. We also looked at Metro bus routes and other transportation issues. The City services were identified as strong quality. The amount of business provides a tax base. You have high quality neighborhoods, low crime rate, Recreation Center and Municipal complex, location within the metropolitan area and city leadership. The issue of not having a new residential choice is a challenge. There is a perception that the housing stock in the City is limited. The impact of businesses on neighborhoods is an issue. In competition with other communities your location is an asset but it puts you in an area where you are competing.
The plan is divided into two sections: general policies and strategies for the city; and then those strategies are broken down into area specific and land use. The plan also looks at specific land use recommendations for the community. The steering committee with our assistance developed 13 land use categories. I would envision that this plan would be used most often by Planning Commission to evaluate zoning amendment requests or to guide developers or property owners on the Cityís vision for a particular area.
Mr. Wocher said the community prioritizes and summarizes the main areas from the plan and tries to identify main areas of concentration that this picture is trying to address. Those seven areas include quality city services and facilities; protecting and maintaining strong residential neighborhoods; top quality business districts; community mobility; strength of diversity; identity of Springdale; parks and recreation. The strategies to get to those that the plan recommends would be to utilize quality development and review, look at redevelopment and be creative; high standards of development; appearance of the community, transportation.
Mr. Wocher stated we are here before you tonight asking you to adopt the plan. It has been before Planning Commission and we have had public meetings.
Mr. Danbury asked have there been other cities that you have dealt with that have been able to get a handle on traffic around the holidays? I know at one time using a shuttle has come up.
Mayor Webster said that has come up several times but it has never materialized.
Mr. Wocher replied I am not familiar with a community that has done that. Several communities do that for festivals. The plan does talk about intra-shuttle service. I am not an expert on those types of operations. I understand there is a fair amount of cost involved with that and Iím not sure they pay for themselves. That issue was discussed by the steering committee and I think that is wrapped into the plan.
Mr. Danbury said the perceived problem with traffic goes back to image. Our City Engineerís office has done a wonderful job and the City has done a lot of widening roads, signalization, etc., but there is an image of bumper to bumper traffic here. I would hope that people would look at it and take it for what they see right now.
Mr. Wocher said Cecil Osborn kept me in line to make sure we didnít call it traffic congestion. He said letís look at what weíve done. We tried very hard in the plan to not just lump traffic into a problem. People need to get around.
Mr. Galster said with the Kemper Road improvements weíve made traffic flows pretty well even at the holiday time. Certain areas may bottleneck but they are not usually in the heart of the City, but on the edges. I think also we have been using the Comprehensive Plan mentality for over a year and youíll see a lot more shared accesses and cross easements, where you can get from one business to another without having to get out onto Kemper Road or SR 747.
Mrs. McNear said I think some of that goes back to our impatience with traffic. I had the same frustration trying to go between Target and CostCo and back to Best Buy. You probably only have to sit through two lights to get through and that isnít really that long.
Mayor Webster said Iíd like to express a personal thanks to our planners and also to the three Council people who served on that committee as well as other citizens of the community and Bill McErlane. A lot of people devoted a lot of time and effort to this and itís a quality product. I think thatís because of the people and the ideas that went in there.
Mr. Vanover made a motion to adopt and Mr. Galster seconded.
Ordinance 39-2002 passed with seven affirmative votes.
ORDINANCE NO. 40-2002 "AN ORDINANCE ESTABLISHING AN AUXILIARY POLICE UNIT WITHIN THE POLICE DEPARTMENT OF THE CITY OF SPRINGDALE, OHIO"
Mr. Squires made a motion to adopt and Ms. Pollitt seconded.
Ordinance 40-2002 passed with seven affirmative votes.
ORDINANCE NO. 41-2002 "AN ORDINANCE ESTABLISHING AN URBAN RENEWAL AREA AND AUTHORIZING THE PREPARATION OF AN URBAN RENEWAL PLAN FOR THE CITY OF SPRINGDALE, OHIO"
Mr. Galster made a motion to read Ordinance 41-2002 by title only. Mr. Wilson seconded. The motion passed with seven affirmative votes.
Mr. Vanover made a motion to adopt and Mr. Squires seconded.
Mr. Parham said Ms. McBride from McBride Dale Clarion is in the audience and would like to make a presentation to Council.
Ms. McBride said we want to walk Council through the urban renewal plan that is before Council this evening. Last year we were asked to identify areas in the City that might benefit from future planning or further analysis. The southwestern portion of Springdale Pike was one of the areas at the top of our list. An urban renewal analysis is done for a community when you want to improve the conditions within the city, whether itís to remove blight, stimulate redevelopment of the area or as a means to implement some of your existing plans. The City has a number of plans such as the Springfield Pike Corridor Study and the Corridor Review District that came out of that study. The study area itself is on the west side of Springfield Pike, north of the properties that are immediately facing Sharon Road. There are twelve parcels. Itís an area that has continued to deteriorate and has not kept pace with the rest of the corridor in improving and meeting goals and objectives of the Springfield Pike Corridor Study. There is an eleven point test that is established by the Ohio Revised Code as to what constitutes a blighted area. The first item is whether the area contains deteriorated or deteriorating structures. We did a visual study, exterior only. We looked at the condition of the roof, exterior walls, windows, porches, other structures on the property. We put together a rating structure. One property was found to be in adequate condition; five in fair condition, four in deteriorating condition and two parcels are vacant. We researched the Building Department for violations. Six properties had a number of citations, three of which had a combination of sixteen different citations. The lots in this area are narrow and deep. They are hard for redevelopment. There are frequently multiple buildings on a lot and they have incompatible uses. Parking and access is not in compliance with zoning and the structures themselves frequently donít meeting zoning setbacks. The fourth test has to do with unsafe or unsanitary conditions. There are no sidewalks. There are many curb cuts and buildings with broken windows and other safety concerns. There is a lot of outdoor storage of materials that could potentially be hazardous. One property is marked by the City not for occupancy. The fifth test has to do with deterioration of site conditions or other improvements on the properties. There are twelve parcels in the area and six owners. We did not find any tax assessments in this particular area. We did not conduct title searches on the properties. We didnít specifically note any life endangering conditions; however, when we discuss the overall area Iím sure you could find a number of areas that could lead to potential problems in the future. Item ten has to do with landscaping and adequate lighting. Part of this goes to yard maintenance and we have issued nineteen citations in the last ten years. Test number eleven is compatibility of land use in the Cityís general plan and zoning. There are non-compatible land uses ranging from commercial, non-conforming industrial uses and non-conforming single family uses. This portion of the city is zoned GB. Itís also contained within Sub-area D of our Corridor Review District. The Corridor Plan recommends office and multi-family uses. The Comprehensive Plan leans towards residential uses such as senior housing.
Ms. McBride said we want to create a gateway to the community. We wanted to establish varied front yards, restore green space, create pedestrian paths, minimize curb cuts as well as encouraging landscaping and screening. Our corridor review district sets forth some pretty specific architectural standards in Sub-area D. One hundred percent of these structures were non-conforming with those standards. We also found incompatibilities in non-conforming uses, lot widths and frontages, building setbacks as well as parking area setbacks. We found that conditions indicate that this area is blighted. We based that on the quality of the structures, the street layout and the fact that 80% of the frontage is curb cuts, the lot layouts and shape of the lots, the mixed ownership, lack of landscaping, the fact that it doesnít conform with the Corridor Study. There are a number of non-conforming uses within the business district and Corridor Review District zoning, and now, not in conformance with our Comprehensive Plan. The next step would be to plan an urban renewal plan for this area.
Mrs. McNear said we all have a copy of the plan. It is very detailed. Thank you for that report.
Ordinance 41-2002 passed with seven affirmative votes.
ORDINANCE NO. 42-2002 "AMENDING THE CODIFIED ORDINANCES OF THE CITY OF SPRINGDALE, OHIO, TO ADD CHAPTER 122: LOCATION AND OPERATION OF TEEN CLUBS AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Wilson seconded.
Mr. Schneider said it was my understanding at the last meeting that if there were to be any additional comments they were to get back to either me or Mr. McErlane. We had received a couple of comments prior; for example, the owner being eighteen years of age, concern about smoking on the premises, a question raised about occupancy, cleaning premises required, a possible bond to cover this plus police compensation. It was suggested by someone that there be two police officers on the property at all times. Mr. McErlane and I were waiting to see if there were any comments before we tried to make a redraft so I wanted to get anything additional you may have this evening and weíll have it redrafted for next Council meeting. We have not had any contact from the proposed owners of the property or their attorney as to any suggestions they might have other than their comment that night that they need to keep it open until 1 a.m. in order to make it a go.
Mr. McErlane said I did have a conversation last week with the proposed operators of the teen club about building code issues relative to the building that they had intended to use. They were going to review some additional items and get back to me. As of yesterday there was a banner placed on the building that leads us to believe itís going to be a restaurant at this point. We also had contact from a sign company that came in with signs for that building as a bar and grill.
Mr. Galster said Iím looking at this ordinance as a general policy as opposed to the particular applicant who was here and I think itís important that we get it on the books at the earliest possible time. Then if we want to look at modifications thatís fine. Itís a new area and we may have a number of issues, such as what is the occupancy rate?
Mr. Danbury asked is there a way somebody could get around this and not have a teen club, but have a teen night? If someone were to open it under our guidelines and they have somebody out past our curfew, could they be cited for contributing to the delinquency of a minor?
Mr. Schneider replied I donít know about the latter question. As to a teen club, it says "teen club shall include but not be limited to teen night clubs, teen dance clubs, or teen entertainment establishments. If they are regularly holding assembly where the intended occupancy is either overwhelmingly or exclusively minors between thirteen and twenty-one years of age unaccompanied by an adult or guardian or not including similar events operated by a non-profit organization. That would presumably catch someone who is having teen nights five nights a week, weekends, etc. If someone has a teen night where they donít have alcoholic beverages and itís an occasional occurrence, they may have an out there.
Mr. Danbury asked would this prohibit a church having a teen night?
Mr. Schneider replied no, it makes an exception for a non-profit organization.
Mayor Webster says itís Councilís pleasure what you want to do with this. Having talked with Bill and Derrick, we donít have an urgency to having this passed this evening. If you want to pass it and amend it later, thatís your call, but we can wait thirty days.
Mr. Squires said I agree with Mr. Galster. Letís get this thing down and fine tune it later. We have a lot of work to do here.
Mr. Schneider said there was one comment that nobody objected to. Thatís under Section 122.07 Ė Issuance of a Permit, paragraph C, suggesting that an applicant operating something of this nature must be at least twenty-five years of age. I think we have smoking covered. Occupancy should be set by interpretation of our Building Department as to what the classification is. Foregoing cleaning the premises, setting the bonds to pay for the police officers and for clean-up, those are the only two other things I had down. Iíd suggest that we change that twenty-five and worry about the bonds later.
Mr. Galster said I donít know how we got to twenty-five. Ms. Pollitt said I didnít think someone coming in with an application at the age of eighteen had enough business savvy to make decisions that would impact a business of this nature.
Mr. Galster replied I understand eighteen but a seven year jump to twenty-five. When we consider all the things we allow at twenty-one, I donít understand why we went to twenty-five.
Ms. Pollitt said I felt it was a safer age.
Mr. Vanover made a motion to amend Ordinance No. 42-2002 to change 122.07C, 1a and 122.05C, 1a, 1a to read twenty-five years of age.
Mr. Galster asked do you have an opinion on enforceability if we were to be challenged on that age?
Mr. Schneider replied it could be an issue. Any age could be an issue. An argument has been put forth that a business of this nature requires mature handling. Is it any better than twenty-one, I donít know. You can serve in the service at eighteen; there is no alcohol served here so thereís no reason to limit it related to alcohol. Itís a reasonableness test.
Mr. Vanover made a motion to amend the ordinance to state twenty-five or over. Mr. Squires seconded. The motion passed with seven affirmative votes.
Ordinance 42-2002 passed with seven affirmative votes.
ORDINANCE NO. 44-2002 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO APPROVE A CHANGE ORDER IN THE AMOUNT OF $26,169.00 TO INCREASE THE CONTRACT OF TRAFFIC CONTROL PRODUCTS, INC., FOR STREETSCAPE POLES AND DECLARING AN EMERGENCY"
Ms. Pollitt made a motion to adopt and Mr. Wilson seconded.
Ordinance 44-2002 passed with seven affirmative votes.
ORDINANCE NO. 45-2002 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT TO SELL CERTAIN PROPERTY KNOWN AS THE BURNS PROPERTY ON WEST KEMPER ROAD TO LINDVEST, AN OHIO LIMITED PARTNERSHIP, AND DECLARING AN EMERGENCY"
Mr. Squires made a motion to adopt and Ms. Pollitt seconded.
Mr. Schneider said I need a new Section 3 to be added, then Section 3 will be Section 4. Section 3 will read, "The Mayor and Clerk of Council/Finance Director are hereby authorized to take any and all action necessary to complete the sale.
Mr. Galster made a motion to amend and Mr. Squires seconded. The motion to amend passed with seven affirmative votes.
Ordinance 45-2002 passed with seven affirmative votes.
ORDINANCE NO. 46-2002 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT OF COOPERATION WITH HAMILTON COUNTY, OHIO, PURSUANT TO PROVISIONS OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Squires seconded.
Mr. Parham said this is the legislation to authorize the signing of the agreement with the County for the Community Development Block Grant program. We have had the agreement in our possession for some time but we have had it on hold while there has been some discussion throughout the County including the County Commissioners as to the allocation of assisted housing throughout the county outside the City of Cincinnati. There was some publicity some time ago with Council member John Cranley who talked about dispersing some of the low income housing out of the central city into the suburban communities. Some communities have chosen in the past to not sign or be a party to this agreement, which also means you do not receive the opportunity for community development block grant dollars. The City of Springdale and other communities had chosen to participate. Through discussions with Commissioner Dowlin and the Department of Development for the County we have come to somewhat of an agreement. I was at a County Commissioners meeting this morning at which Commissioners Portune and Neyer were present. In the past they just looked at the public housing numbers and not looked at all types of assisted housing. Mr. Osborn forwarded a letter to the County Commissioners on May 29 requesting that they incorporate all of the programs. They include public housing, CMHA owned, tax credit family projects and tenant based assisted programs. Another suggestion by Mr. Osborn is because there is nothing prohibiting the County and CMHA from placing a unit into a jurisdiction whether they signed the agreement or not, that we think itís fair that even if you decide not to be a party that you ought to be forced to share in allocation of assisted housing. This morning the County Commissioners voted to continue with their allocation process of 97 units that were previously approved but had not been placed. They would continue under the old allocation program and under that program the City of Springdale is to receive two additional units. However, there were an additional 450 units minus that 97 that CMHA requested. The commissioners agreed upon those additions; however, they also agreed that we need to examine the allocation process. Comments from Commissioner Portune as we well as Commissioner Neyer indicated that they are looking more favorably on evenly distributing the units throughout the county. One of the criteria they are considering is that any community that has a ratio of 1.80 of assisted housing versus overall housing stock would no longer receive additional units. If you look at a spreadsheet that they have put together, there are four communities that currently have about 53% of the assisted units. Those communities are Lincoln Heights, Columbia Township, Lockland and Springdale. Hopefully with this new allocation process, if it is adopted, then Springdale and some of the other communities that are currently carrying the burden would no longer receive any additional units. They are also looking at the possibility of forcing those communities who in the past chose not to sign off on the agreement to accept new units as well. We ask Councilís approval on signing the agreement.
Ordinance 46-2002 passed with seven affirmative votes.
ORDINANCE NO. 48-2002 "VACATING ELM ALLEY BETWEEN WEST KEMPER ROAD AND PEAR STREET AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR SAID VACATION"
Mr. Danbury said I believe we would want to add an emergency clause and pass this tonight.
Mr. Galster said I wonder if Ordinance 45 is tied into Ordinance 48 and we need to have them at the same time.
Mr. Danbury made a motion to add the emergency clause and Mr. Galster seconded. The motion passed with seven affirmative votes.
Mr. Parham said I donít believe there is a problem in passing the ordinance tonight. We would like to make sure the sale takes place prior to the vacation and I think we can do that.
Mr. Schneider said we have taken care of this in the body of the contract. There is a rescission provision where money will be held to make sure that the VAP approval goes through and they donít have to spend any money for that purpose. We also have a rescissionary deed to be held by the escrow agent that provides that they give back to us the property and also Elm Alley if it doesnít go through.
Mr. Danbury made a motion to adopt and Mr. Squires seconded.
Ordinance 48-2002 passed with seven affirmative votes.
RESOLUTION R17-2002 "COMMENDING DAVID WHITAKER FOR HIS DEDICATION AND SERVICE TO THE CITY OF SPRINGDALE"
Mr. Vanover made a motion to adopt and Mr. Galster seconded.
Mr. Vanover said Dave is going to be missed. It never ceases to amaze me how lucky we are as a city. We can lose a finger and another shows up. We have so many dedicated people willing to serve.
Resolution R17-2002 passed with seven affirmative votes
RESOLUTION R18-2002 "ADOPTING THE TAX BUDGET OF THE CITY OF SPRINGDALE FOR THE YEAR JANUARY 1, 2003 THROUGH DECEMBER 31, 2003"
Mr. Vanover made a motion to adopt and Ms. Pollitt seconded.
Mayor Webster asked was this advertised as a public hearing. Mr. Knox replied yes.
The public hearing was opened. No one spoke. The public hearing was closed.
Resolution R18 passed with seven affirmative votes.
Mr. Danbury said itís nice to have ordinances 45 and 48 taken care of.
Mayor Webster said we still have to get that VAP back from the state.
Mr. Schneider said they have the right to close up to December 1, 2002. They are talking of starting work during this construction season.
Mayor Webster said they are on the July 9 Planning Commission meeting. Things are falling into place pretty rapidly. Once we get the VAP back from the state we should start to see some development.
Mr. Schneider said I did have a report from Kevin McMurray, our legal co-counsel on environmental matters and an e-mail from the attorney for the buyers. They both indicated that the VAP is progressing through the review process. There will be comments back which means answers will have to be provided relative to water, pollution, etc. but according to Kevin they are not unexpected and probably reasonably manageable.
Mr. Knox said a few weeks ago I gave each Council member a letter from the Ohio Environmental Council saying they wanted the City to pass a resolution calling for a clean up of coal-fired power plants. The gentleman who sent the letter contacted me and requested your addresses and phone numbers.
Mr. Knox said there was a correction in the address for the liquor license for the Taj Mahal from the Liquor Board. There were no objections to this transfer.
Mr. Galster said we need to come up with a new Civil Service member.
Mrs. McNear said we will not have our meeting on July 3.
MEETINGS AND ANNOUNCEMENTS
Planning Commission - July 9, 2002
Landscaping Judging - June 30 Ė July 15
Retirement Party for Gary Thompson - June 20
Spirit of Springdale Festival - July 3-4
Mr. Danbury made a motion that Council go into executive session as a meeting of the whole to discuss real estate acquisition. Mr. Vanover seconded. The motion passed with seven affirmative votes.
Council went into executive session at 9:45 p.m. and resumed at 10:02 p.m.
ORDINANCE NO. 47-2002 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO EXECUTE A CONTRACT TO PURCHASE WITH JERRY ASH, AND PATTI ASH FOR THE ACQUISITION OF PROPERTIES LOCATED AT 11101, 11107 AND 11113 SPRINGFIELD PIKE, SPRINGDALE, OHIO 45246, AND DECLARING AN EMERGENCY"
Mr. Squires made a motion to adopt and Mr. Galster seconded.
Ordinance 47-2002 passed with seven affirmative votes.
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT - none
RECAP OF LEGISLATIVE ITEMS REQUESTED
Appointment to Civil Service Commission
Council adjourned at 10:09 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council