Acting President of Council Tom Vanover called Council to order on July 21, 2004, at 7:00 p.m.
The governmental body and those in attendance recited the pledge of allegiance. Mr. Vanover gave the invocation.
Mr. Danbury took roll call. Present were Council members Danbury, Galster, Pollitt, Squires, and Vanover. Mrs. McNear arrived later. Mr. Wilson was absent.
The minutes of June 16, 2004 were approved with four affirmative votes. Mr. Squires abstained.
COMMITTEE AND OFFICIAL REPORTS
Civil Service Commission – Tom Goines reported that we certified the top ten names for patrol officer. We have developed a flow chart for the hiring process.
Rules and Laws - no report
Public Relations - no report
Public Health, Safety & Welfare - no report
Public Works – Mr. Vanover reported that the 2004 street program bid opening was July 13th and a recommendation to award is before Council tonight. The project completion date is November 12, 2004.
Public Utilities - no report
Capital Improvements – Mr. Danbury stated the storm sewer in the vicinity of Staples on SR 747 is under construction. Installation of a new water main is under construction right now. Embankment construction for the railroad is under construction and the placing of the rails is scheduled to start this month. Construction of the temporary railroad is scheduled for August and traffic should be detoured by mid September. The shower room renovation at the Fire Department should be completed by September 3rd. Phase II of the streetscape project plans will be delivered to ODOT next year with construction in late 2005.
Finance Committee - no report
Planning Commission – Mr. Galster reported that Lawrence Hawkins was elected to the secretary position. Bob Apke announced that he would be leaving the board. KFC required a waiver from the water retention requirement. They were going to do a major renovation of that facility and a couple of conditions were attached to that renovation. At the request of the owner of the plaza, it was asked that the next time they do a major modification to the mall, that they include that water amount in additional water retention that they would be required to do with that major modification. A motion was made to remove the water retention requirement and that was approved. Value City requested exterior modifications and that was approved. TGI Friday’s also requested exterior modifications. This was basically a new tower and signage. The modifications were approved 7-0. A development plan approval for the building addition at Walgreen’s was approved. A final PUD development plan for Kemper Pond was approved for IHOP and a retail facility.
Board of Zoning Appeals – Mr. Squires said they had an applicant that was a no show. Their request had been tabled on June 15. Rather than dropping them, the board voted to send them a letter asking them to state to BZA their intention. Mr. Squires said this was for the photography studio at 257 West Kemper to allow construction of a 24’ x 24’ utility building. Their property was acquired by the school board and we’d like to accommodate them but there are some issues that need to be resolved. Gateway Mortgage asked for a variance for a larger impervious surface. It was a request for more parking spaces. By eliminating parallel parking places in their south lot they could pick up an additional six parking places and would not need a variance. The second variance was for one foot and two foot setbacks on the sides. That was approved 7-0.
Mr. Galster stated that a new utility building has been constructed at 257 West Kemper and a hole has being knocked through the garage to that utility building.
Ms. Pollitt said the last communication they had was on the floor of BZA. We recommended that they get in touch with our economic development director to see if there was any property in Springdale that would be suitable for their studio. We felt bad that they were being relocated but that’s not an area that the City wants to have businesses set up in. They can have the business in their home if they can contain it inside the home. The Building Department had some communication from them, and didn’t think they would be in last night. Most of their business that would require that type of setting they would take off site and do it at the customer’s home or a park, etc. Most of the time they would only have two or three people in for a setting. In our discussion last night Chairman Okum brought to our attention that rather than table it and for us to remove it, he thought it would be appropriate to look into having a form sent to the applicant asking them to sign that they asked that it be removed. That would give us some protection.
Mr. Galster said I’m not sure what the variance is for. I just know there is a shed back there. I’m not sure of dimensions. I don’t know if the shed is allowed or not. I know that there is new construction directly behind the garage. It’s possible that it is being built within code and a variance would not be required. Are they allowed to have a detached garage and a shed?
Mr. Squires said the board has granted variances for oversized utility buildings before with the understanding that the applicant would remove the existing shed that they had.
Ms. Pollitt said any variances for oversized sheds that have been granted in the last couple of years have been for personal use, not for business use.
Ms. Pollitt said also, on the Gateway Mortgage issue, they got an additional eight parking spaces, not twenty-two.
Board of Health - no report
Veteran’s Memorial Committee – Mr. Galster said they had a booth at the July 4th festival. We sold some tee shirts and magnetic car signs, which seemed to go over real well. We have ordered additional magnets for the automobiles and they will be available by contacting me or the Senior Center at Maple Knoll.
O-K-I - no report
Mayor’s Report – Mayor Webster reported that the Spirit of Springdale festival was well attended. On August 14th we will have our city-wide garage sale and recycle days.
Clerk of Council/Finance Director - no report
Administrator’s Report – Mr. Osborn stated Adleta Construction had the low bid for the 2004 street repair program. They had this project last year. The legislation for this project is on the agenda tonight. Mr. Osborn said we are approaching the City’s bicentennial. The City seal is essentially the State seal with some artifacts relative to Springdale in it. August 23, 1806 is the date that John Baldwin platted a piece of property on the east side of what was then Miami Trace and is now Springfield Pike and created a subdivision that became the Village of Springdale and then the City of Springdale. I thought maybe Council would want to think about what we want to do to celebrate the City’s bicentennial. David Butsch found an entry in the state legislature’s records in 1839 documenting the incorporation of the Village of Springfield in Hamilton County. We asked the State Historical Society to do some additional research for us and determine why that didn’t continue but they have not been able to find any additional information for us.
Mr. Osborn said we have been looking for a place to donate the 1977 aerial ladder truck that we have. The vehicle has not been in service for a number of years. We looked at all our options and the most lucrative one was selling it for junk. We would probably be able to get $6,000 to $8,000 for it. We believe it’s a very valuable piece of equipment and it also has a history with the City. As an alternative we were looking for a place that might take it as a donation. Great Oaks Education Center has asked the City to donate the vehicle to them as is, and they will incorporate it into their training program. We strongly urge Council to consider this.
Mr. Osborn reported some time ago we made application under the State of Ohio Governor’s Program for the reconstruction of the SR 747 and Crescentville Road intersection. This project would add turning lanes in each direction, add lane capacity through the intersection. We had an estimate for engineering, right-of-way and construction of $2.1 million. We have been advised that the City along with Butler County, have been tentatively funded on this project for 90 percent of the expenses. We would anticipate $189,000 coming from the State Government in fiscal year 2005 for design, $562,500 in 2006 for right-of-way, and $1,138,500 in fiscal year 2008 for construction. I received a letter asking for the City to reaffirm the ten percent local share on this project, and I would ask Council to consider a motion reaffirming our willingness to accept the local share for this project. This is a very much needed project. Mr. Danbury made a motion to accept the local share. Mr. Vanover seconded. The motion passed with six affirmative votes.
Mr. Galster asked if Butler County’s share is separate from this. Mr. Osborn replied no, the ten percent local share will be split between the two jurisdictions.
Mr. Osborn said along with the City garage sale it will also be recycle days with a chance to get rid of hazardous household waste such as paint, oil, batteries, tires, etc.
Mr. Osborn asked for Ordinance 36-2004 to be added to the agenda. It is the legislation dealing with the contract with the IAFF. We will need to have an executive session just before the legislation to brief Council on the final outcome.
Law Director’s Report - no report
Engineer’s Report - no report
Mr. Vanover said he first communication is from Time Warner Cable and reads, "Effectively July 1, 2004, we will be making cable cards available to those consumers who have a compatible digital television set or other device that complies with the FCC’s rules on plug and play. The cable card will allow the customer to receive one-way scrambled or encrypted services that we provide such as the digital tier and pay services. The cable card will not enable or authorize the receipt of two-way services such as interactive program guide, VOD, or SVOD. While it is not clear that the rates and charges for the cable card are subject to regulation under the FCC rules, we have prepared the attached form 1205 for your information. This form establishes the maximum permitted rate for the cable card of $2.02. At this time we plan to charge $1.75 for the cable card."
The second communication is an e-mail to Cecil Osborn, Doyle Webster and Ed Knox. It reads, "I work at Cincom on Merchant Street and today and received my first paycheck with the new income tax rate. I just wondered what in heaven’s name justified a 50% increase in the City of Springdale’s income tax rate. Perhaps it’s just me but that seems to be an extraordinarily high rate increase. I don’t ever recall getting a 50% salary increase. Do you? Furthermore, the fact that I have no vote in Springdale since I don’t reside here certainly makes this type of taxation most disappointing. Regards, Steve Schutte"
Mr. Danbury said the rate increase went into effect July 1st. It’s still lower than Cincinnati and is the same as Sharonville and numerous other communities around here. Unfortunately, it’s the cost to run the City and to keep the same level or service and roads that we had. We had to go to the voters and they did support it overwhelmingly.
Mayor Webster stated it’s a 50% increase but the first one we’ve had in 32 years.
COMMUNICATIONS FROM THE AUDIENCE
John Bross, 11979 Marwood, said several of his neighbors had received a letter about a public hearing concerning Heritage Hill School. Mr. Bross was concerned about the school buying houses.
Mr. Galster stated that there are no plans for acquisition of houses in Heritage Hill. A few properties were bought in the area of Springdale Elementary but there are no plans for that in Heritage Hill.
Mr. Bross also expressed concerns about his house being labeled in the flood plain. He asked what the City could do about that.
Several Council people and Mr. Shuler explained that the designation is made by the federal government and if any portion of the property is in the flood plain, it is marked that way. Mr. Shuler said Mr. Bross could have his property surveyed. If the house itself is not in the flood plain, he would not have to have flood insurance.
Mr. Bross continued by asking what could be done about the creek.
Mr. Shuler responded that is a very difficult area. The City has just one part of the water flow. The City has done extensive work with developers on water detention. There is a practical, economical point that you work to. At some point a big enough storm comes.
Mayor Webster said we have to live with that creek. We’ve done a remarkable job retaining the amount of water we retain in this city.
ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 31-2004"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. Danbury made a motion to read by title only and Mr. Galster seconded. The motion passed with six affirmative votes.
Mr. Danbury made a motion to adopt and Mr. Squires seconded.
Ordinance 31-2004 passed with six affirmative votes.
ORDINANCE NO. 32-2004 "AMENDING SECTIONS 35.01(B)(4) AND 35.05, AND REPEALING 35.06 OF THE CODIFIED ORDINANCES OF THE CITY OF SPRINGDALE TO UPDATE THE PROVISIONS GOVERNING THE POLICE DEPARTMENT AND DECLARING AN EMERGENCY"
Mr. Danbury made a motion to read by title only and Ms. Pollitt seconded. The motion passed with six affirmative votes.
Mr. Squires made a motion to adopt and Mr. Danbury seconded.
Mr. Osborn said the purpose of this ordinance is to increase the complement of the police department from 36 to 38. In Item B4 where it previously said 27 permanent or probation police officers, that number is being increased to 29. We have been conducting interviews and ask Council’s favorable consideration on this ordinance.
Ordinance 32-2004 passed with six affirmative votes.
ORDINANCE NO. 33-2004 "ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH ADLETA, INC., FOR THE 2004 STREET IMPROVEMENT PROGRAM AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Mr. Squires seconded.
Ordinance 33-2004 passed with six affirmative votes.
ORDINANCE NO. 34-2005 "AMENDING THE ZONING CODE AND ZONING MAP OF THE CITY OF SPRINGDALE, OHIO, TO PROVIDE FOR THE REZONING OF APPROXIMATELY 4.03 ACRES LOCATED ON THE NORTH SIDE OF WEST KEMPER ROAD APPROXIMATELY 185 FEET EAST OF WALNUT STREET FROM RESIDENTIAL SINGLE HOUSEHOLD LOW DENSITY (RSH-L) TO PUBLIC FACILITIES – LOW DENSITY (PF-L) (SPRINGDALE ELEMENTARY SCHOOL)"
ORDINANCE NO. 35-2004 "AMENDING THE ZONING CODE AND ZONING MAP OF THE CITY OF SPRINGDALE, OHIO, TO PROVIDE FOR THE REZONING OF APPROXIMATELY 10.153 ACRES LOCATED ON CHESTERDALE ROAD APPROXIMATELY 680 FEET SOUTH OF CASTRO LANE FROM 9.482 ACRES RESIDENTIAL SINGLE HOUSEHOLD HIGH DENSITY (RSH-D) AND APPROXIMATELY .671 ACRES RESIDENTIAL MULTI-HOUSEHOLD HIGH DENSITY (RMH-H) TO PUBLIC FACILITIES – LOW DENSITY (PF-L) (HERITAGE HILL ELEMENTARY SCHOOL)"
Mr. Danbury made a motion that Council go into executive session as a meeting of the whole to discuss personnel matters and possible real estate matters. Mr. Galster seconded. The motion was approved with six affirmative votes.
Council went into executive session at 8:35 p.m. and reconvened at 9:02 p.m.
ORDINANCE NO. 36-2004 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE SPRINGDALE PROFESSIONAL FIRE FIGHTERS (IAFF LOCAL 4027) AND DECLARING AN EMERGENCY"
Mr. Squires made a motion to adopt and Mr. Galster seconded.
Ordinance 36-2004 passed with six affirmative votes.
OLD BUSINESS - none
A new liquor license for Amigo’s for a D5/D6 license was approved.
MEETINGS AND ANNOUNCEMENTS
Planning Commission - August 10
Board of Zoning Appeals - August 17
District 3 meeting - July 29
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Ordinance 34 (public hearing) - August 18
Ordinance 35 (public hearing) - August 18
RECAP OF LEGISLATIVE ITEMS REQUESTED
Resolution for Bob Apke - August 18
Aerial ladder to Great Oaks - August 18
TIF - August 18
Council adjourned at 9:08 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council