President of Council Kathy McNear called Council to order on June 20, 2001, 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, and McNear. Mr. Wilson was absent.
The minutes of June 6, 2001 were approved with five affirmative votes. Mr. Squires abstained.
Committee and Official Reports
Civil Service Commission – Mr. Coleman said they met at their regular time. They discussed hiring a firefighter, violations bureau clerk and took an additional look at the police officer status which involved moving forward with authorization and getting the additional list of names to the Commission.
Rules and Laws no report
Public Relations no report
Public Health, Safety & Welfare no report
Public Works – Mr. Vanover reported Adletta Construction has completed the curb replacement in Heritage Hill and the polemized asphalt membrane has been applied to the asphalt surface. The final asphalt surface course within Heritage Hill subdivision as well as Chesterdale should start at the end of the week of June 18. The city-wide spot full-depth pavement repair and curb repair is ongoing. Replacement of the common drive between the Fire Department and Police Department is currently ongoing. The entire project is scheduled for completion in early July.
Public Utilities no report
Capital Improvements – Mr. Danbury stated the right-of-way acquisition for the SR 747 grade separation should be complete in July 2002. It will be bid in September 2002, project awarded in December of that year and construction from 2003 to 2004. A lot of work has been done on the Kemper Road improvements at SR 747. The asphalt surface is completed and the temporary striping is in place. The traffic signal loops will be constructed and manhole covers will be adjusted to the proper elevation next week. The final asphalt surface should be applied next week. Hopefully the project will be completed by mid July. The Walnut and Pear Street improvements are underway. Cinergy is in the process or re-locating the utility poles to accommodate the improvements. The water main work and storm sewer work should be completed by this week. The excavation for the proposed road, curb and sidewalk should start next week. The contractor will be keeping the parking lot open for the 4th of July festival. That will be completed in early August. A fifty percent complete set of plans for the Springfield Pike streetscape upgrade should be submitted to the City this week. The final phase is scheduled for completion in September of this year. The project will be done next spring. The staff is in the process of reviewing 50% of the complete set of plans for the Kemper Road phase II Commons Drive to Chesterdale Road. Detail plans will be complete in July 2001; right-of-way drawings complete in August; and negotiations for right-of-way in January 2002. The construction will be next spring. The Sharon Road bike path stage 2 plan approval will be in August this year. Stage 3 approval will be in September; final tracings submitted in November and construction next year. We are going to advertise the plans for the Ross Park replacement bridge in July. Construction should begin in October. Preliminary design plans are underway for the Glensprings Drive culvert extension and appropriations for the storm sewer easement will be completed late July. Construction will start in April 2002 and be completed in July 2002.
Finance Committee no report
Planning Commission – Mr. Galster said Planning met June 12. There was a public hearing to reconsider the conditional use permit to allow a day care center at 11285 Springfield Pike. The owner of the property was not there but the tenant was. The owner had sent a letter saying they had no intention of spending any money to meet the improvements that were required. The tenant said they would make the improvements themselves. We are going to do noise level testing and any additional improvement that would be required to bring the noise level down to an acceptable level as determined by the City Planner would have to be done before the next meet at which time we will have a continuation of the public hearing in process. The vote was 4-3 to continue the hearing until the July 10 meeting.
Tri-County Mall requested approval of a proposed farmer’s market to be held in the mall parking lot. A lot of people liked the idea; however, this was three very large tents out in the middle of the parking lot. It would be done on a seasonal basis and possibly during the holidays. The request was denied 5-2. Shipps Yamaha, 11530 Springfield Pike requested approval of a back lit awning. There was no representation when it came to the floor. It was tabled 7-0.
Tipton Interests requested approval of a rough grading plan for Pictoria Tower II. They have two buildings that would be facing I-275 plus the garages. It has been turned a little bit. The final grading plan was approved 7-0. Tires Plus, 11700 Princeton Pike, requested approval of a change of roof color. They went through a complete repaint of their roof, garage doors, and trim to bright red, which does not meet the color pallet that was established for Tri-County Mall when they had their last major overhaul. The applicant decided, based on the information he was hearing, that he wanted to come back with an alternate plan. It was tabled until July.
Mr. Vanover said the fence did not go in at Creative Kids World this past weekend as promised. Mr. Galster stated we were not able to get a specific time frame done other than continue it to our next meeting. They were instructed that they need to get the changes done so that our people have ample opportunity to go out and test without limiting the time.
Mayor Webster stated I also attended the meeting. I was a little disgusted about the lack of attention that the owner gave the situation. He did not even bother to show up. He faxed the members of the Commission a letter that day saying he wasn’t going to do it. The operator’s husband was in attendance and said out of the kindness of their heart, they were going to take care of the situation. We did cite the owner on Wednesday. We did cite him a month ago and we could have continued to cite him but since it was scheduled for a hearing on June 12 we held it in abeyance. Since he showed such blatant disregard for the City we did cite him back to court and will continue to cite him until the situation is taken care of. He owns it, not the day care people. The day care people really have no legal obligation and I don’t think there is a thing we can do to the operators to make that happen. The conditional use permit was granted to the owner of the building and he’s the one who will have to live up to the commitment.
Board of Zoning Appeals – Mr. Squires reported they met last evening. Springdale Church of the Nazarene requested a variance to remove a 32 x 28’ garage from their recently acquired property at 306 West Sharon. The owner has the intent of constructing a road from West Sharon to their parking lot at the church. The board felt we had insufficient data to act on this. The house is to stay but its use is questionable. If it stays we have a house without a garage if the variance is granted. The request was withdrawn and they will come back when more data is available to us. Greg Neville, 314 West Sharon Road, wants to construct that same garage on his property if we allow it to be taken down. Considering the church’s position, he withdrew his request.
Kerry Ford, 150 Northland Boulevard, requested a total of 569 square footage of signage. This is the former Walker Pontiac. In 1990 a variance was granted to allow Walker Pontiac 535 square feet of signage, where the maximum was 340 square feet. Kerry Ford was using the 535 feet as a starting point and adding approximately 35 square feet to that. Most members of the board looked at this with a fine tooth comb. We were successful in getting them to eliminate three of their awning signs and a wall sign for the body shop for a total of almost 30 square feet, making their request for 539 square feet. The board passed that request 4-2.
SAS Comfort Shoes at 12195 Princeton Pike wanted a variance to allow a wall sign closer than three feet from a party wall and closer than three feet from the end of their building. They applied for a building permit on May 1, 2001. The sign was made in San Antonio, Texas and installed on June 1. They are going to move the letters 6-10 inches closer together. That will not fall into complete compliance but it will be close. The variance was granted 6-0.
Beeper Zone Communications, 11512 Springfield Pike has a blue neon sign frame in their windows. Neon sign lighting is prohibited in the corridor. This variance was denied 6-0. The signs have to be removed in thirty days.
Chris Smith, who owns a lot at 601 Cloverdale that is 45 feet wide and 125 feet deep was requesting a minimum ten foot side yard on one side and six feet on the other. The code calls for a total of twenty feet. This was his third visit and he wants to build a 2,000 square foot house on that property. The board felt that that lot is just not big enough to carry a 2,000 square foot house. That was denied 4-2.
Mr. Osborn said the proposed access on Sharon Road from the church was raised by the church and a drawing was tendered to the City Engineer for review. There were comments and questions generated on the part of the Engineer and he returned those to the church. I am not aware that the dialog has continued to resolve some of those issues. The church has been reviewing other expansion plans for well over a year. As any organization moves forth it’s a collective process. Given the past pace that this has been going I don’t believe the issue about the access road will be quickly resolved in the next thirty to sixty days. I think it will be a while until we know what the church wants to do. They’ve been able to answer the questions Mr. Shvegzda had for them regarding site distance and other issues.
Board of Health no report
O-K-I no report
Mayor’s Report – Mayor Webster read a proclamation declaring July Parks and Recreation Month in Springdale. The judging for the landscaping awards will begin in the next two weeks and the winners will be announced at the July 18 meeting.
Clerk of Council/Finance Director – Mr. Knox reported that the Tri-County Press and Suburban Press have been notified that there will be no meeting on July 4 or August 1. We have also advertised that there will be a public hearing on the tax budget on July 18 at the Council meeting.
Mr. Knox said we received a letter from Barbara Wiethe, attorney, in regards to a proposed economic development liquor license. I contacted Ms. Wiethe about this because we had not received anything from the people in Columbus and I discussed the history of the Council and what had been stated in the past about these issues. I offered her the opportunity to read previous minutes, which she did review. I expect we will hear something on that. The license is for Mr. Singh who owns the Taj Mahal Restaurant.
Administrator’s Report – Mr. Osborn said we are approaching the period when we start looking at the tax budget. The 2002 tax budget is being transmitted to the Finance Committee this evening. The purpose of doing that is to give the Finance Committee the opportunity to review the material. We can then hold a Finance Committee meeting and work towards a public hearing on the tax budget on July 18. The tax budget is more a statement of our expected revenues for the forthcoming year rather than any detailed description of our actual expenditure proposals that would come along later in the year as part of our annual budget. We have to submit this to the Hamilton County Budget Commission and they in turn will certify the tax budget as being accurate and will confirm that the City can rely on that amount of money coming forward as a basis for preparing the detailed budget. The deadline for having this to the Budget Commission is July 20.
Law Director’s Report no report
Engineer’s Report no report
Mr. Knox read a letter from Ken and DeeDee Bailey addressed to the Mayor, City Council and members of our community: "We live at 11540 Hickory Street. We have an easement at the north and east of our property which the City of Springdale is responsible for. On May 29th I called the Public Works Dept., as instructed by the City office at 346-5700. I got an answering machine, left a msg., someone got back to me. I informed them that during a storm a tree on city property was hit and looks dangerous. They said someone would be out. 3 weeks later having heard nothing from the city and the tree getting worse with each passing storm, I call again. I am told that the City of Springdale is doing me a favor by not going through all the brush that provides privacy between us and the condos behind. Thank you so much but by this time I have called the police on a Friday evening because the branches are dangerously hanging in my yard so as to fall on our children and or dog if they are out there. And it has been nearly 3 weeks since my original call of concern. The police dept. said they would be sending a fax to the Public Works Dept. I expected to hear from Public Works first thing Monday. I called them at 8:45 and was told to keep my children and dog out of that part of the yard until they could take care of it. There was no specific plan that I could get. I contacted the first Council Member I could get and he called me back within 20 minutes telling me they would be here with a contracted company to remove the tree the next day.
When I am proud to be a resident, I let you know. When I am humbled by my opinions, I let you know. And now sadly, I am disappointed in the way this was handled and I am letting you know.
This wasn’t a minor complaint. This was a threat to our safety. And as I write this letter, it still is. Please do read this at the first mtg. after it is written not after the matter is resolved."
Mr. Osborn said the call did come in and the Public Works Department did respond to it. Unfortunately it doesn’t appear that appropriate communications were given back to the resident in this case. The first step was to obtain an access right-of-entry from the condominium association. We had two choices: cut down the brush in the east alley corridor in order to get to this tree or come in from the condo side. The residents do not want that brush cut down back there. It took about a week to get a right-of-entry from the condo association. At that point we were going through that period of heavy rain and we were trying to let the ground dry out as we were trying to get a large bucket truck back into that area to take the tree down. The tree was taken down on Tuesday, the day after this letter came in. The primary problem here was lack of good coordination back with the resident but something was in progress during that three week period that the complaint came in and the work was done. It wasn’t something that was ignored. The more significant issue in this case was that we didn’t keep the resident informed as to what was going on.
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCE NO. 38-2001 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO GRANT AN EASEMENT TO INSTALL AND MAINTAIN ANCHORS AND ALL NECESSARY GUY WIRES IN AND OVER THE EAST SIDE OF WALNUT STREET TO THE CINCINNATI GAS AND ELECTRIC COMPANY AND DECLARING AN EMERGENCY"
Mr. Squires made a motion to adopt and Mr. Vanover seconded.
Mr. Vanover asked is the party we are issuing the grant to Cincinnati Gas and Electric Company and not Cinergy?
Mr. Schneider replied that is my understanding. We understand that they own the property and are a subsidiary of Cinergy.
Ordinance 38-2001 passed with six affirmative votes.
OLD BUSINESS - none
NEW BUSINESS - none
MEETINGS AND ANNOUNCEMENTS
Spirit of Springdale Festival - July 3 & 4, 5 pm to 12 am
Planning Commission - July 10
Mr. Vanover said the new swimming season opened up at the new facilities. Everybody I talked to from Sharonville was very impressed with the facilities.
COMMUNICATIONS FROM THE AUDIENCE - none
Mr. Danbury made a motion that Council go into executive session as a meeting of the whole to discuss real estate issues and personnel matters. Mr. Vanover seconded.
Council went into executive session at 7:39 p.m. and reconvened at 8:24 p.m.
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Resolution approving Tax Budget - public hearing July 18
RECAP OF LEGISLATIVE ITEMS REQUESTED
Council adjourned at 8:26 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council