President of Council Kathy McNear
called Council to order on
The governmental body and those in attendance recited the pledge of allegiance. Mr. Vanover gave the invocation.
Mr. Vanover took roll call. Present were Council members
The minutes of
PRESENTATION OF KIWANIS SCHOLARSHIPS
Hal Rink, Kiwanis Club, said this is
our twenty-eighth year of giving scholarships.
To date $168,000 in scholarships has been awarded to
JOSHUA FOSTER FOR HIS RECOGNITION AS A
Ms. Pollitt made a motion to adopt and Mr. Squires seconded.
Resolution R10-2005 passed with seven affirmative votes.
“COMMENDING MARISSA STAPLES FOR HER RECOGNITION AS A
Mr. Squires made a motion to adopt and Mr. Wilson seconded.
Resolution R11-2005 passed with seven affirmative votes.
Mr. Danbury said I would like to thank Kiwanis for their outstanding support to the community. Congratulations to the students.
Webster said thank you Kiwanians for your dedication
to the City. I’ve heard some rumors
that this may be the last year for active Kiwanians
Ms. Pollitt, Mr. Squires, Mrs. McNear and Mr. Galster expressed their congratulations to the students and thanks to the Kiwanis Club.
THE SPRING 2005
Mr. Galster made a motion to adopt and Mr. Danbury seconded.
asked coaches KT,
Resolution R13-2005 passed with seven affirmative votes.
RESOLUTION R13-2005 “COMMENDING BRETT BOSEL FOR WINNING THE PEPSI PITCH, HIT AND RUN CONTEST, 8 YEARS AND UNDER DIVISION, REGIONAL CHAMPIONSHIP”
Mr. Danbury made a motion to adopt and Mr. Galster seconded.
Mr. Danbury said I have known Brett for a couple of years. Brett competed in three events at Great American Ballpark. Out of a three-state region of eight year olds and younger, they announced Brett was the winner of the Pepsi Pitch, Hit and Run competition.
Ms. Pollitt and Mr. Vanover offered their congratulations.
COMMITTEE AND OFFICIAL REPORTS
Civil Service Commission no report
Rules and Laws no report
Public Relations no report
Public Health, Safety & Welfare no report
Public Works – Mr. Wilson said Brock and Sons Construction has been awarded the 2005 street program. Construction is expected to be July to late October.
Public Utilities no report
Capital Improvements – Mr. Danbury said the bridge
construction for CSX is underway with the completion of the bridge and
switching of the railroad tracks to permanent alignment to be done by the end
of October. The grading work of the
I-275 ramps has started. The switchover
Mr. Danbury said so many people have commented on how much better the ball diamonds are at the Community Center.
Mayor Webster said we will be starting field 3 as soon as the women’s tournament is over. We’ll probably try to get the others next year.
Finance Committee no report
Planning Commission -
Mr. Galster said a canopy addition and exterior facade alterations at
Kemper Square, 107-139 West Kemper Road were approved. The dental office at
Board of Zoning Appeals no report
Board of Health no report
Veteran’s Memorial Committee – Mr. Wilson said they had a short meeting tonight to discuss the possibility of another source to help raise funds for the memorial. I would like to thank Mrs. McNear, Ms. Pollitt and Mr. Tulloch for assisting us at the Spirit of Springdale festival.
O-K-I no report
Mayor’s Report – Mayor Webster said I was just requested to issue a proclamation for Muscular Dystrophy for the entire month of August.
Mayor Webster said I have a letter from Dusty Rhodes about
the re-evaluation of property. From the
aggregate total it appears that the value of real estate in
Mayor Webster asked for an executive session.
Clerk of Council/Finance Director no report
Administrator’s Report – Mr. Osborn stated this August marks
the 199th anniversary of our community, tracing our history from the
creation of the Baldwin Subdivision by John Baldwin in August 1806. We had settlers in this region well before
that. The Presbyterian Church dates
back to the early 1790s. In order to try
to begin recognition of our bi-centennial year in 2006 we would like to have a
dedication of the clock that has recently been installed at the corner of
Springfield Pike and
Mr. Osborn continued the Beaver Run gabion wall repair bid opening will be August 2. We need to bring the recommendation and ordinance in on the same evening. This is not a budgeted item. It came up between Christmas and New Year’s. We were guessing it would be about $60,000, but it looks like it will be between $115,000 and $160,000.
Mr. Osborn said the contract for the streetscape program came in at $619,868 and that was something we were glad to see. In the latter part of 2004 we had to make an escrow deposit of $74,858 to secure our commitment for that project. Once the bids were awarded ODOT drew down $41,708, their best estimate of what our share should be, and released the escrow amount of $33,150 back to the City.
Mr. Parham reported we continue to have discussions with
ODOT relative to the installation of sound walls. We have now learned that there is potential
for multi-family units to have a say as to whether sound walls will be
constructed in front of their properties.
The Willows of Springdale has indicated to ODOT that they do not wish to
have the walls constructed in front of their facility. The wall would only appear in front of The
Willows and our park in that area. If
they are not going to put the walls in front of The Willows it makes no sense
to put them in front of the park. The
other location is The Knolls Apartments and Condominiums. The apartments have indicated that they do
not wish to have the walls in front of them, but the condominiums will receive
the walls. On the northern side,
Mayor Webster said we will have two sections of walls on the
north side and two on the south side.
The only one that raises a level of concern is the one that starts at
Mr. Danbury asked once the walls are in place, if new management comes into one of the multi-residential areas, can they get the walls if they want them?
Mr. Parham said right now the State is trying to finalize their designs. I believe ODOT will take the position that they will go with what they have, because they will be putting it out to bid for contractors to bid on. There’s always the possibility of an add-on.
Mr. Danbury asked if you have a 90 foot embankment, would ten more feet help out? I don’t see how that could affect the quality of the sound.
Mr. Shuler responded you are probably right. It wouldn’t have the same impact but it would have some for those residents on top of that hill, and that is what they are trying to protect.
Ms. Pollitt said there is a motel next to Applebee’s. Do they have the same option of whether they want the walls or not?
Mr. Parham replied they are trying to avoid any confrontation with a business that needs visibility so there will not be a wall there.
Mayor Webster said I want to get back to Mr. Osborn’s report on the bicentennial. We would like for any elected officials to attend the clock dedication, but we would really like you to concentrate your efforts on what you would like to see us do for the bicentennial next year. Maybe we could have that as a topic on the agenda next month.
Law Director’s Report no report
Engineer’s Report no report
COMMUNICATIONS - none
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 32-2005 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT WITH CDS ASSOCIATES FOR PREPARATION OF THE CONTRACT DOCUMENTS AND CONSTRUCTION DRAWINGS, PROVIDING BIDDING ASSISTANCE AND CONSTRUCTION ADMINISTRATION SERVICE FOR THE FIRE STATION HVAC REPLACEMENT PROJECT AND DECLARING AN EMERGENCY”
Mr. Squires made a motion to adopt and Mr. Wilson seconded.
Mr. Osborn said we have $50,000 in the budget for this design. The structure is thirty years old now. The equipment is truly in need of replacement. The City had also requested CDS to do a cost benefit assessment of alternatives for the replacement. We didn’t pick the highest efficiency because primarily, when you look at the upfront cost of installing versus the reduction in projected utility cost, it didn’t balance out. The specific work to be done is to replace the existing multi-zone air handling unit and associated condensing units; replace the three boilers with two boilers; pumps; replace air handling for training room and associated condensing unit; new gas fired infrared heating for apparatus bay; and new packaged unit for the kitchen. I think the approach we are taking here will increase efficiency in terms of energy costs and still be appropriate for a project of this type.
Ordinance 32-2005 passed with seven affirmative votes.
ORDINANCE NO. 33-2005 “AMENDING SECTION 90.15: VICIOUS DOGS OF THE CODIFIED
ORDINANCES OF THE CITY OF
Mr. Galster made a motion to adopt and Ms. Pollitt seconded.
said this is a response to a Supreme Court decision of the State of
Mr. Danbury said, on Exhibit A, under B, it says “no person owning or harboring or having care of a vicious dog shall suffer or permit . . . unless it is muzzled or otherwise securely restrained.” I have noticed in different places I have been, a pit bull being handled by a ten year old. Is this strong enough that we can outlaw this?
Mr. Forbes said your concern is this language about “otherwise securely restrained.” You have to approach it on a case by case basis. Is a pit bull held on a leash by a ten year old sufficient? I think what they are really talking about here is something more than that. I think the intent when you look at this is “in cages.”
Mr. Danbury said it is open for interpretation. It doesn’t go specifically at the bull terrier because it could be any kind of dog. We have had vicious dogs here that were cocker spaniels.
responded it mirrors the language of the
Mr. Osborn said I think you have to put a lot more weight on “leashed and muzzled”. A dog of this type out in public without a muzzle is clearly in violation. I guess you have to question whether leashed and muzzled in the care of a ten year old is really secure. There are other dogs that are determined to be vicious. I think the only thing that has really caused us to stop enforcing this law was the appeal process. We have effectively used that ordinance without the appeal process for some number of years and successfully ordered the removal of numerous vicious animals. I don’t know if there is a need to go on to more specific language but we can if you choose to.
Mayor Webster said, Mr. Danbury, I understand what you are saying, but one ten year old may be strong enough to handle the dog, another one wouldn’t. Do you strictly gear it by age or the weight of the person or strength of the person? I think that’s a slippery slope to start down.
Mr. Danbury said that’s absolutely true but you may have a four year old. The dog is on a leash. Kids five years old want to try to control the dog. If the dog sees something it wants, it goes after it.
Mayor Webster responded in that case it is not securely restrained. That would put it in violation. Unfortunately, it would probably bite somebody.
Mr. Osborn answered my question when he said the dog must be “leashed and muzzled.”
Ms. Pollitt said a lady came to Council three months ago complaining about a pit bull living in our neighborhood. Do the Police ask for proof of insurance?
Mr. Osborn answered if there has been a report of a dog that is classified as vicious, a police officer will respond to the residence and indicate that there has been indication that they possess a dog that would be considered vicious under our law. They first verify the nature of the dog, then ask how it is housed and do you have your insurance in place.
Mr. Forbes said after that Supreme Court case came down it was at the advice of the Law Director’s Office that we stop enforcing what we had until we had a chance to make some amendments to get the ordinance back to where it would survive a constitutional challenge. That’s what we are doing tonight.
Ordinance 33-2005 passed with seven affirmative votes.
ORDINANCE NO. 34-2005 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO FILE A DRUG ABUSE RESISTANCE EDUCATION (DARE) GRANTS PROGRAM APPLICATION AND TO ENTER INTO AN AGREEMENT WITH THE OHIO ATTORNEY GENERAL, JIM PETRO, TO CONTINUE A DARE PROGRAM AND DECLARING AN EMERGENCY”
Mr. Squires made a motion to adopt and Mr. Danbury seconded.
Mr. Squires said Officer Witte does an outstanding job with our young people. I urge Council to approve this ordinance.
Mr. Osborn said the reason for the emergency clause is that the application is due August 5th. We have been very successful in previous years with this same application. Officer Witte does an excellent job putting together the proposal. Last year we received more than $16,000 towards the cost of providing the DARE officer. That is about fifty percent of the salary.
Ordinance 34-2005 passed with seven affirmative votes.
ORDINANCE NO. 37-2005 “AUTHORIZING
THE CITY OF
Ms. Pollitt made a motion to adopt and Mr. Wilson seconded.
Mr. Parham said we have participated in this group rating program with other members of MVRMA since 1993 and it has been very beneficial. Over the next couple of years it will be even more important for our organization to be able to participate in the group. A number of changes at the bureau such as not providing discounts and the administration of claims seem to benefit a lot of employers, but we are not necessarily seeing that in our group. I do encourage our participation in this group.
Ordinance 37-2005 passed with seven affirmative votes.
Mr. Danbury said a resident said he saw a couple of coyotes around Rose and Dimmick in the last week.
Mr. Danbury asked do we have any design plans for the
I went on
Mr. Galster stated we don’t have anything on line.
Mayor Webster said if anyone sees coyotes please tell them to report it to the Police Department. We have not had too many reported.
Mr. Osborn said we will contact the Board of Education and see if they can’t e-mail us an electronic file that we can tag onto our web site.
NEW BUSINESS - none
MEETINGS AND ANNOUNCEMENTS
Board of Zoning Appeals - August 16
Planning Commission - August 9
Ladies Softball Tournament - this weekend
City Garage Sale - August 13
COMMUNICATIONS FROM THE AUDIENCE - none
Mr. Danbury made a motion that Council go into executive session as a meeting of the whole to discuss possible real estate matters. Mr. Galster seconded. The motion passed with seven affirmative votes.
Council went into executive session at and reconvened at
UPDATE ON LEGISLATION STILL IN DEVELOPMENT - none
RECAP OF LEGISLATIVE ITEMS REQUESTED
Public hearing – Amending Zoning Code (
Approving PUD (
Council adjourned at
Acting Clerk of Council/Finance Director
Kathy McNear, President of Council