President of Council Kathy McNear called Council to order on June 21, 2000, 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 7, 2000 were approved with seven affirmative votes. On page 7149, last page, second to last line, the word "plus" should be changed to "less".
COMMITTEE AND OFFICIAL REPORTS
Charter Revision - no report
Rules and Laws - no report
Public Relations - no report
Public Health, Safety & Welfare - no report
Public Works - Mr. Wilson reported that the 2000 street program pre-construction meeting was held on June 7. L. P. Cavett is the general contractor with R. A. Miller performing the concrete work. Work is expected to start the week of July 10 with concrete repair work starting first. This concrete repair work does include the curb replacement within the Heritage Hills subdivision. The concrete work will be completed in late August and the asphalt work is to be completed by mid September. The 2000 crack seal program pre-construction meeting was held on June 7. Terry Construction will be performing the work. The work is expected to take place in late July. It will take place on Sunday and only takes one night. The work will be on Kemper Road east from Wal-Mart to Chesterdale Road.
Public Utilities - no report
Capital Improvements - Mr. Danbury said the S.R. 747 CSX grade separation construction drawings are in the process of being finalized for the Stage 3 submittal. It will be reviewed by ODOT by June 30. At that time a revised opinion of the construction cost will be developed from that. Right-of-way plans are being completed and ready for submittal to ODOT for review. Utility re-location will begin in the fall of 2001 with completion scheduled by 2003. East Kemper Road improvements at S.R. 747 went to bid yesterday. The bids will be open July 11 and hopefully we will have a recommendation to Council by July 19. The construction will happen in August and be completed before early summer 2001. The Community Center expansion work includes exterior installation finish system, painting, hanging drywall, duct work, piping, sprinkler piping. For the Walnut and Pear Street improvements building plans for Springdale Elementary are being reviewed to determine what kind of modifications will have to be done on Walnut Street so we can improve that without affecting the building. Seventy-five percent completed plans will be submitted by the City Staff to the School District by the end of June. They are looking to do this by the end of summer break.
Finance Committee - Ms. Pollitt stated they discussed confirming the designation of bank depositories. This will be Ordinance 57-2000 before Council tonight.
Planning Commission Ė Mr. Galster reported the first item on the agenda was the approval of exterior changes at Chi-Chiís Restaurant. The remodeling approval was handled the previous month. They were on the agenda this month to submit new colors. The applicant had submitted pretty bright, fluorescent type colors. Due to the fact that it is in the Corridor District we were able to get down to more earth tone colors. This was approved 7-0. John Morrell, 801 East Kemper Road, requested approval of a three-year trailer on the property. It wonít be seen by Kemper Road but will be constructed properly and that was approved 7-0. Samís Club requested approval of an extension to their building. That was tabled until the next meeting. Sears, The Great Outdoors requested preliminary plan approval for their proposed alterations. This is the end of the Kroger end of the building and a major change to the PUD. This will come back to Council with a recommendation from Planning and a public hearing to modify the PUD will be set. Sofa Express requested an amendment to their approved plan. It was an elevation change and approved 7-0. Springdale Church of the Nazarene requested approval of a proposed temporary building on their property for classrooms. This is going in the rear of their building. They are planning a major expansion to the church so this temporary facility was approved for a two-year period until they can get the expansion done. This was approved 7-0. Tri-County Golf Center requested an amendment to their approved plan extending the driving range. That was withdrawn and there was nobody there for the applicant.
A public hearing was set for Sears, The Great Outdoors for August 2.
Ms. Pollitt asked about the trailer on John Morrellís property.
Mr. Galster replied that is a safety training trailer. Presently the classes that are held donít handle enough people and there are enough safety things that happen that they want to make sure they get their people properly trained. The trailer will be landscaped and skirted.
Board of Zoning Appeals Ė Mr. Squires said item 1 was the Cincinnati Computer Store located at 149 Northland Boulevard. They were requesting the City to allow them to park three storage trailers on the property. The trailers have been there for a year and they were cited for not being in compliance with the Zoning Code. It was suggested that they come back in one month with a plan that both they and the City can live with. Mr. Jack Berg, 11751 Valleyview, requested a variance to allow a deck to extend into his front yard 25 feet from the property line. The board granted the variance with seven affirmative votes.
Board of Health - no report
O-K-I - no report
Mayorís Report Ė Mayor Webster said the judging for the landscaping awards began this past Monday and will run through July 4. The winners will be announced at the July 5 meeting and the awards presented at the July 19 meeting.
Mayor Webster read an e-mail from Greg Karle at the Community Center:
"Construction is complete and the Cameron Park playground has been opened for use by the public. This brings to an end the seven year program of replacing dated and unsafe play areas with modern play structures and surfacing which meet current ADA requirements and safety standards. It has been my pleasure to work on this project from the beginning and itís gratifying to see it completed. I would like to thank the Mayor, Administration and City Council for their support in allowing us to take a proactive approach in addressing this important safety and accessibility issue for the City. I think we can all take pride in the quality of the play areas and feel comfort in the fact that the Cityís playgrounds will provide many hours of safe enjoyment for the children of our community. In case you missed the article in the Friday, June 16th Cincinnati Enquirer (see attachment), we have rectified a problem which many communities and schools have yet to address. Thanks again!"
Mayor Webster said Cecil beat me to the punch and responded to Greg saying, "Let me return the thanks and put the credit where it is due. You have done an excellent job. The whole City can take pride in the quality of our playgrounds as a result of your efforts." Iíd like to publicly thank Greg, Jim and the whole staff for their proactive thinking on this.
Clerk of Council/Finance Director Ė Mr. Knox said he has a letter from the Hamilton County Park District requesting that they be given ten minutes at the July 19 meeting to make a presentation and update us on the improvements they have made at various locations, particularly Sharon Woods.
Administratorís Report Ė Mr. Osborn said I would like to bring to Councilís attention a resurfacing project on I-275 being conducted by the Ohio Department of Transportation. Their contractor will be L. P. Cavett. The parameters of the project are the concrete median just east of S.R. 4 to I-74. You may have seen some initial efforts such as putting up signage, etc. The project will call for a full resurfacing of the area. Most, if not all, of the work will be done at night. If there are any observations regarding maintenance of traffic, if you could pass them on to us weíll share them with ODOT. The Beacon Hills Park sidewalk and stairs project will start on June 26 and it should only take a few weeks to complete. I think it will make a nice upgrade to that park. It started to look shabby because of these old timber stairs we had, and we are going to replace those with concrete with new handrails. We had a concert scheduled there last week and because of inclimate weather it had to be canceled at the last minute. We will try to see if we can fit a concert in later this summer. The next concert in the park will take place in Cameron Park on June 28. That will be Stagger Lee. The concert will begin at 7 p.m .and there will be a bike safety program sponsored by the Recreation Department and the Police Department from 5 p.m. to 6 p.m. Those children who register their bikes through the City will be able to get a free bicycle helmet should they choose to accept one.
The Spirit of Springdale Festival is fast approaching. The event will be on July 3 and 4 from 6 p.m. to midnight. The Princeton Community Band will make their debut July 3 at 6 p.m. On July 4 there will be a parade that will begin forming up at 5:30 at Tri-View Office Building on Boggs Lane. The fireworks will be at approximately 10 p.m.
Mr. Osborn continued we are starting to do some brainstorming for a veteranís memorial for the City. We have had some plaques displayed at the Community Center amphitheater over the years, which we actually collected from various places in the City. Those were taken down for maintenance purposes and we have chosen not to reinstall them there. We are looking for something more ambitious for a veteranís memorial. We invite Councilís participation. Weíd be very happy to take your input on this project. The 2001 tax budget was distributed to you this evening. There is a public hearing on the tax budget on July 5. If you have any questions on it before the next meeting, feel free to contact the Mayor or me. At your last Council meeting we distributed the latest version of the Cityís Emergency Operation Plan. We take a lot of pride in ownership of that plan because it is not a cookie cutter copy of the standard fill-in-the-blank plan you might find from a model in a book. We really put a lot of effort into tailoring it to our community and attempted to learn from other jurisdictions. I think one of the nicest things that happened was the collaborative effort that developed between the City of Montgomery and the City of Springdale. Obviously they have lived through this so I proposed to their City Manager that if they would allow us to interview their staff one on one, we would share with them any work project we develop as a result of that. I think itís been a real leg up for us for our people to talk to their people. They found very early in their response to that tornado that they were overwhelmed by volunteers; by relief agencies in terms of trying to coordinate and settle turf fights. We developed three areas of coordination. One is human services, which would be housing and feeding people. Another is a volunteer coordinator who would effectively manage the walk-in volunteers; and finally a relief agency coordination. We realize that all three of those areas are related to one another but we feel fortunate that we have the staff to do that with our Recreation Department. Jim Burton serves as Human Services Coordinator. Sharon Casselman is the Volunteer Coordinator and the Relief Agency Coordinator is Greg Karle. I failed to mention the Outside Resources Coordinator. City agencies from outside jurisdictions were offering support and they felt they needed someone to quarterback that so we are going to have an Outside Resources Coordinator. Obviously it is not going to work just the way we put it down on paper but it will give us more room to maneuver in. I think this gives us an advantage over the standard plan you would pull out of a book. We are going to train on the plan. For the past year we have been taking advantage of training offered by the Ohio Emergency Management Agency. Derrick and I have attended a couple of days of training on the recovery from a disaster. Our Public Works Director has been to training on debris removal. The Building Official has been to training for emergency operations as well as other department directors and we will continue to do that. We will begin with the Hamilton County Emergency Management Agency and work out a series of training exercises working up from tabletop exercises to actual field exercises. If you have any thoughts on the plan feel free to contact us. There are some data summaries that are not in the book yet. They are still being produced. The format and the bulk of what you see there are well reviewed and ready to go. This is not a document that is complete. We will review it every year. It has a built in requirement that we created for ourselves that we officially review it at least once a year with a committee that is also identified in the document.
Community Center Update - Mr. Parham reported that there are a number of things going on such as the drywall going up. The area for the batting cages is pretty much complete. The electricians are in. A great deal of focus right now is on the site work. They are focusing on that in preparation for the Spirit of Springdale festival. They already have a number of curbs in the area where the dumpster is located. When they bring the parking lot surface up you will see that it looks like there is a raised sidewalk area where you go through the island but it will be handicap accessible. Around the rear of the property they have poured the concrete. They are laying the pavers in the patio area and are bringing that around towards the front. They installed a number of benches near the multi-purpose court. However, I noticed the benches were behind the wall so we had them relocated. They also have been working very diligently to get the lighting in the area. We will have one main entrance where the patrons will come in for the festival. There is new lighting there as well as existing lighting. The windows are not all in at this point. There is some flashing that they thought was on site and it was not there. They have to order that and once they get it, they will be able to put the balance of the windows in. At this point I have taken the position that I am not going to sign off on any pay requests until those windows are in. We have been promised them for two months. I think the primary problem is the subcontractor, but it does us no good if we attempt to throw them off the job because all that does is delay the project. They are beginning to start the process of working on the two fire damaged rooms. There is quite a bit of work that has to be done in the hallway where the temporary entrance is. Unfortunately, that will be our only access to the building and the electrician and fire protection people have to do quite a bit of work there. We have tried to arrange for the fire prevention contractor to come in at 6 a.m. and put in 2-3 hours for 3-4 days. The electrician will be more demanding on the area so we ask individuals who enter the facility, particularly going to the office area, to pay attention to those people in the hallway.
Mr. Vanover said on the Emergency Operations Plan I was very impressed. On the same general subject, today it did not appear that the siren was going off in the Beacon Hills area during the test time.
Mr. Danbury said on the Community Center project, it was my understanding that when we discussed retrofitting the old building, they said a certain type of paint would be applied to the old building that would make it blend in very favorably with the new brick. They did paint it but itís not what I thought. I thought it would be a textured paint that would match the color more than it does. Is this the final coat?
Mr. Parham replied it is the last coat. The pool filter house has yet to be painted.
Law Directorís Report Ė Mr. Schneider said the Burns trial will be June 26, 27 and 28.
Engineerís Report Ė Mr. Shuler stated I distributed to Council before the meeting our letter to City Council in conjunction with Ordinance 58 which is the dedication and acceptance of the public improvements on Tri-County Parkway and their report that those are completed and meet City requirements. We are recommending that Ordinance 58 be approved by City Council.
Mr. Vanover asked what is the status of the MSD sewer line project through Heritage Hill? Mr. Shuler replied I donít know but will find out for you.
COMMUNICATIONS - none
Mayor Webster said I was just handed a letter on my way into Chambers. It reads: "Dear Springdale Officials: I hereby submit my resignation as chairperson of the Springdale Charter Committee. It has been a great pleasure to serve with Judy Simmons, Don Fish, Beth Chavies and Edgar Smith. They are four very dynamic, hard working and dedicated members of our community. This committee has accomplished much, meeting five times out of the first six months of this years. Each meeting has presented a conflict for me with last minute things coming up. Iíve had to choose between attending the meetings or enjoying personal activities. I, of course, chose to attend the meetings. After so many years of public service I no longer want to make those choices, thus my decision to resign. My best wishes as always to all of you. Sincerely, Marge Boice"
Mayor Webster said she will be with us at the next meeting to make the presentation on the last remaining issue.
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCE NO. 55-2000 "REJECTING ALL BIDS REGARDING THE PURCHASE OF ONE F-MODEL F-250, 2000, ĺ TON, 2-WHEEL DRIVE, PICKUP TRUCK , AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Squires seconded.
Mr. Osborn stated earlier this year with Ordinance 8-2000, Council authorized us to purchase this same vehicle under the State collective purchasing program. When we placed the order we were advised that there would be no more vehicles manufactured. We then decided to go out on the market and buy one through our own bidding process. We took the bids and just as we asked for the legislation we were contacted by the State vendor and advised that one city had cut back its order and there was a vehicle that met our specifications. Our department director drove up to Athens, Ohio, looked at it and confirmed that it was the same vehicle we had ordered. So we just acquired the vehicle under the original ordinance you adopted allowing us to purchase it under the State program. We saved a couple hundred dollars and it nullified the results of the bids we took for this vehicle so technically we have to ask you to reject those bids.
Mr. Vanover said there was some confusion because the ordinance specified a 3/4 ton but looking at the Administratorís Report, Ordinance 8 was for Ĺ ton.
Mr. Osborn responded when we went to bid on the Ĺ ton specifications, we received two bids from one of the bidders. They bid a Ĺ ton vehicle which was specification, and a ĺ ton vehicle which was beyond our specifications but the value was such that we elected to go with that. Even though the legislation we asked for was on a Ĺ ton bid specification, it turned out to be a ĺ ton vehicle so we asked for legislation on that basis. We did buy the Ĺ ton vehicle through the State and that is the reason for the discrepancy.
Ordinance 55-2000 passed with seven affirmative votes.
ORDINANCE NO. 56-2000 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH MCBRIDE DALE CLARION FOR PREPARATION OF A COMPREHENSIVE PLAN FOR THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Mr. Squires seconded.
Mr. Osborn said if you look at the attached agreement, paragraph D is an indemnification clause, a hold harmless clause. Generally we can live with all the language in that paragraph with the exception of "attorneys fees and all legal expenses and fees incurred on appeal." Our practice under our insurance program is to provide legal counsel for a contract employee or contractor of the City but we would not reimburse them or pay their attorney fees. If they want to get an attorney independent of us we don't want to reimburse their fees so weíd like to work with McBride Dale Clarion to modify paragraph D.
Ms. Pollitt asked under Article 7, Ownership of Documents, is that standard?
Mr. Osborn replied thatís not unusual. We couldnít take CDSí documents, eliminate their name and give it to another engineer who uses his seal on the same drawings. There is a professional work product ownership right here so this is not unusual.
Ordinance 56-2000 passed with seven affirmative votes.
ORDINANCE NO. 57-2000 "CONFIRMING THE DESIGNATIONS OF DEPOSITORIES BY THE FINANCE COMMITTEE OF COUNCIL, INCLUDING KEY BANK, BANK ONE, N.A., PNC BANK, N.A., AND THE FIFTH THIRD BANK, AS DEPOSITORIES FOR THE ACTIVE AND/OR INTERIM DEPOSITS AND STAROHIO AS A DEPOSITORY FOR INTERIM DEPOSITS OF THE CITY OF SPRINGDALE, OHIO, DECLARING ALL PUBLIC MONIES COLLECTED OR TO BE COLLECTED DURING THE PERIOD OF DESIGNATION TO BE ACTIVE OR INTERIM DEPOSITS; AND ESTIMATING THE PROBABLE MAXIMUM AMOUNT OF MONIES SUBJECT TO DEPOSIT THEREIN AT ANY TIME DURING SAID PERIOD AND DECLARING AN EMERGENCY"
Ms. Pollitt made a motion to adopt and Mr. Danbury seconded.
Mr. Knox said we have the emergency clause so it will take effect immediately but itís up to Council whether they want to vote on it tonight or have a second reading in July.
Ms. Pollitt asked that an amendment be added to the ordinance. When we met on June 15 we did not consider Firstar as a depository in placing them in the ordinance because of the low percentage rate that was offered. Mr. Knox tells me that Firstar came back in today with a much higher interest rate of 6.43% and he would like them added as a possible depository just for the funds we have designated in Section 4. We would use Fifth Third as our bank of choice for checking.
Mr. Knox stated that in the information sent to us by Firstar they had a rather low interest rate. Suddenly this week they came up with the best interest rate of anybody but we were in a position where we couldnít invest the money there because it would follow beyond July 14 which is the end of the period we are working with now. To simplify a lot of things and since it looks like they got their rates back up substantially I would like to just add them as a public depository. Instead of calling four banks on Monday morning weíll call five. They have the highest rate and Iím in favor of it.
Mayor Webster said I think you are opening Pandoraís box if you open bids which is what you did. You ran a public ad, had all these banks respond, open them and then all of a sudden Firstar comes in with a higher interest rate and now they want to be added. I think itís totally wrong and unjust that they be considered. I think they had the same opportunity as every other bank to give you their best shot and the bid they submitted was so ridiculously low that you didnít even consider it with the other four depositories. I donít think now Council should go back and pull them into the fray. If we have a second reading in two weeks, what happens if you get another bank that applies in the next two weeks? Are you going to add them to the list also? I think thatís the whole purpose of running a legal ad. I think you are setting a dangerous precedent by including Firstar in this bidding.
Mr. Danbury said I was going to make a motion to amend. I think thatís a valid point but from time to time we will bid out something and we may reject those bids if it would benefit the City. I understand what you are saying and I agree with that. Mr. Schneider, would we be opening ourselves for any liability?
Mr. Schneider replied Iím not aware of any liability. We certainly could reject them all or we could choose to add. The Mayor is stating his concern about setting a precedent but Iím not aware of any legal limitation dealing with Council.
Mr. Knox said all five banks applied to be depositories. In the depository statement there is no interest rate specified. Going on the latest information they did on a weekly basis, thatís why I dropped Firstar. We didnít want to end up with an infinite number of banks that we had to call on Monday morning. But when we called them as part of the current program they did raise their rates back up again. Weíre not really changing any of the bid process. Weíre just adding them as a possible source of higher interest rates. This does not affect the checking account that has a lot of things tied to it. This just gives the City a little more latitude. Itís not changing anything that anybody bid at this time. Itís not the best thing to do but at this time I think itís more fair to the City to have the option of one more bank.
Mr. Wilson said I agree with Mr. Knox. We are opening a bid every Monday and we are going to go with the highest bidder. I would have a problem if we had 10-15 banks. Weíre doing this for the benefit of the City and I think itís a good idea.
Mr. Galster said the item they changed will change every week. I understand what the Mayor is saying; however, this is an item that changes weekly and I donít have a problem with it.
Ms. Pollitt stated I did not look at that in the same light as the Mayor did but in bringing that to my attention, I certainly see that his comments are valid. I looked at it with the understanding that they did present a bid and our ordinance was not going to be changed significantly because they were not the active deposit bank that we chose. I did not see that it would be a problem to add them as an interim deposit bank. I do appreciate the Mayorís comments and I will remember that in the future that we do need to reject something like this or table it and take it back to the committee as a whole.
Mr. Vanover said we sent out an inquiry into the interest of the banks as to whether they would be interested in doing business with the City for the depository.
Mr. Knox responded we published a legal notice saying that for a two year period starting July 14, the business of the City would be bid and at the same time we wanted bids for public depositories for other funds other than the regular checking accounts.
Mr. Vanover replied there were no interest rates tied to that bid process.
Mr. Knox answered not for the public depositories. As part of the checking account, since that had a bearing on the total return to the City, that had an effect, but not on the depository.
Mr. Vanover said I agree wholeheartedly with what the Mayor is saying. I donít know what precedent if any there may be, but itís kind of easy to come in at the tail end after all the figures and cards are on the table and up the ante. If there werenít bid specs for determining interest rates then maybe itís okay, but I have a problem. We give them that opportunity, then for whatever reason things change. I donít want to see the City penalize itself because that is a substantial difference in interest. I also donít care to do business in that fashion either.
Mr. Wilson said this bid sheet says what is the percent of interest offered on June 5, 2000. Thatís what these percentages are. Today is June 21. If Firstar came back with 6.43%, things change. Interest rates change probably every day depending on the stock market and whatever factors determine the daily interest rate. Bank One, Fifth Third, PNC Bank, Firstar, all those rates may be different today than they were on June 5. What we have now is a 6.43%. The others that are less could be higher or lower, but the point is, unless they have contacted us we have to assume that their rates are the same. I think 6.43% is worth putting them on the list. That doesnít commit us to them as the commitment is made every Monday.
Mr. Knox stated the interest rates on the sheet Mr. Wilson was reading from are tied to the checking accounts. Banks will give in one place and take from another. The interest on interim rates is entirely different in interest rates than the one shown on this sheet here because it is not tied to that any more. You have a disparity in some cases. On Monday morning if they need money theyíre going to bid higher. Weíve seen some rather substantial differences. Some banks will need money and theyíll come after our money by giving us a rate that is sometimes 30 basis points higher than anyone else. It fluctuates very quickly. I apologize for this occurring. I didnít realize until Monday afternoon that this had changed that much. Thatís why weíre having such short notice on it. I didnít get done talking about it until this morning and thatís why I didnít have time to contact anybody prior to this time. In all fairness to the City, the possibility of making more money with Firstar is there and they are not changing their bid. Weíre just naming them as a depository and giving them a chance. The Mayorís point is well taken. I would prefer that this had never happened but in all fairness to the City, I think we should add them to it.
Ms. Pollitt asked how were you made aware of this change in increase? Did you contact them or did they contact you?
Mr. Knox replied it is our normal Monday morning contact.
Ms. Pollitt said so this had nothing to do with them soliciting information from us, or anything on the bids at all.
Mayor Webster said I didnít mean to cause a thirty minute discussion here; itís not that important. Itís just the principal of the thing. Mr. Knox did everything right. He did the advertising; put together a good questionnaire and matrix; listed all the banks; picked a date and asked what will you give us on the money. They gave their bids and he made his recommendation to Finance Committee. The ordinance was prepared and brought in and all of a sudden he finds out as of today one of these banks is paying more money and wants to add it to the list. Mr. Schneider said thereís nothing illegal about it but I think itís a poor way to do business. If you add Firstar to the list and they continue to pay the highest rate of interest, then itís to the advantage of the City to invest the Cityís money the best way possible. However, I think it opens us up to further scrutiny on future bids and people being able to change those bids.
Mr. Galster asked how many requests for quotes did we send out and how many did we get back?
Mr. Knox stated we put a legal notice out and any bank reading that legal notice could have bid. As a courtesy to those banks that have branches in the City of Springdale, we sent the RFP directly to them since we have been doing business with them over a long period of time anyway.
Mr. Galster said for some reason you chose to leave Firstar off. Why did you leave them off in the first place? Was it because they low balled it so much and the other rates were so high that it just ticked you off? Iím just trying to understand.
Mr. Knox said you asked a very good question and there really is a very simple answer to it. We traditionally call four banks and StarOhio on Monday morning. I just didnít want to go to a fifth. Now with the situation where the City can make more money I ask that we change it so we can go the fifth bank and thatís really what it was.
Mr. Galster said, Mr. Mayor, I understand what you were saying. I think Mr. Knox was looking at the four and saying I might as well continue calling the four. This one didnít come in the way it was supposed to come in. Itís not competitive and we throw it out. Imagine as an example, the Community Center project. We get five people to bid it. We decide we want to stay with two or three people and throw out the others. Now we change it a little bid and we rebid it. Are we going to go back to those five people or are we going to stay with the three we originally deemed to be the best bids. I think thatís what the Mayor is saying. I do agree that even if you take it out of the banking context and put it into the whole context of the way the City operates, I think you do have to consider throwing somebody back in there once youíve determined that they didnít meet the qualifications you were originally looking for. Based on that I would agree with the Mayor.
Mr. Danbury said I donít think the Mayor has anything to apologize for. Itís a valid point. However, due to the fact that we are just looking at them as a possible depositor for interim deposits, I donít see a problem. We may not put a dime in there. Since the fifth of June they fluctuate. All indications are that the economy is slowing down or going downwards. If you have stock options in various stocks you donít have to take advantage of it, but if you know a stock is on the rise and is going to benefit the City, I think it would be advantageous to include them.
Mr. Danbury made a motion to amend to include Firstar as a possible depositor for interim deposits. Mr. Wilson seconded.
Mr. Wilson said those who served on committees with me understand how I feel about setting precedents. However, we are talking about a change every week. If this was a permanent thing and we had to deal with this for a whole year, Iíd have a problem and would wholeheartedly agree with the Mayor. I still agree with him to an extent. He is a seasoned banker. He knows whatís going on in the banking industry. However, we are talking about a weekly thing and I donít see a problem with it.
Mrs. McNear said I think we have to be really careful with our contracts. Had Firstar missed the deadline and then come in with a 7% rate, even though it would have benefited the City, at that point I think you have to say no, it would be ethically wrong. But since they did meet the big qualifications and Mr. Knox said Iím going to do four, not five, it was really the choice of the City to do that. They didnít fail in any way. The breaking point was they were the lowest bid and you were only going to choose four. I donít have any problem going with this amendment.
Mr. Galster said we have a motion to amend. Is this a first and final reading? Are we having a second reading?
Mr. Danbury said the motion to amend would just be taking care of the amendment. Then Council would decide whether they want to do this immediately or wait.
The motion to amend passed with five affirmative votes. Mr. Galster and Mr. Vanover voted no.
Mr. Vanover recommended having two readings so we would have the ordinance in final form. The consensus of Council was for a second reading at the next meeting.
ORDINANCE NO. 58-2000 "DEDICATING AND ACCEPTING DEDICATION OF ALL OF THE UNDEDICATED PORTIONS OF TRI-COUNTY PARKWAY BETWEEN KEMPER ROAD AND STATE ROUTE 747 AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Galster seconded.
Ordinance 58-2000 passed with seven affirmative votes.
Mr. Knox said Iím having a gas appliance installed in my house. Thanks to Madame President bringing up the difficulties sometimes encountered in that I was able to do more pre-planning. I should mention to people that if you do not have gas and you go to install gas, it does take a little longer and takes a bit of coordination between the City Building Department, the installer and Cinergy. Mine went smoothly because I knew because of your situation what needed to be done and because our Building Department was there immediately when it was done.
Mr. Danbury said I spoke with a resident in Beacon Hills about three weeks ago. The resident had a problem with skunks a few years ago. They said the skunks are taken care of but there are some stray cats out there. Occasionally we get requests to trap cats but a lot of times you may find that the cats are the family pet. I just want to thank Administration and everybody because the resident is very happy with them being taken care of in an immediate time frame.
Mayor Webster said to follow up on Mr. Knoxís comments, I hope everybody in the City realizes that a few years ago Council took action to assure that every single home in this City has gas down their streets in front of their houses. That wasnít true four or five years ago. If you are one of those homes that has an oil furnace or electric water heater, etc. and you have to replace them, you may want to call Cinergy and get all the particulars on whatís involved in getting the changes made.
Mr. Vanover said I would urge that anybody who is aggravated with the cat situation to send letters to their state congressmen. Cats are deemed wild animals and do not have to be licensed, much to the chagrin of dog owners. A number of years back legislation was supposed to have been enacted and it died in some committee room. Maybe itís time to start a letter writing campaign again.
Mrs. McNear said we have a liquor transfer for Jade Garden. It looks like itís just a change in stock ownership. There were no objections.
Mr. Danbury asked was Mrs. Boice a Council appointment or Mayor appointment? Is her resignation effective immediately?
Mayor Webster said it is a Council appointment. She does not mention a date. The inference would be immediately but she was asked by the committee if she would stick around for another two weeks to wrap this issue up and she said sheíd be more than happy to do that.
Mrs. McNear said we should probably start accumulating some candidates who may be interested in the position and hope we could clear this up by the second meeting in July.
Mr. Danbury requested a resolution for Mrs. Boice.
MEETINGS AND ANNOUNCEMENTS - none
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Ordinance 57 - second reading July 5
Tax Budget - July 5
East Kemper Road improvement - July 19
RECAP OF LEGISLATIVE ITEMS REQUESTED
Resolution for Mrs. Boice
Council adjourned at 8:30 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council