President of Council Kathy McNear called Council to order on September 1, 2004, at 7:10 p.m. (Opening delayed for delivery of documents needed for agenda item.)
The governmental body and those in attendance recited the pledge of allegiance.
Mr. Knox took roll call. Present were Council members Danbury, Galster, Pollitt, Squires, Vanover, Wilson and McNear.
The minutes of August 18, 2004 were approved with five affirmative votes. Mr. Danbury and Mr. Vanover abstained.
COMMUNICATIONS - none
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 37 -2004 "DECLARING CERTAIN EQUIPMENT AS OUTMODED AND SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO DONATE THE EQUIPMENT TO GREAT OAKS SCHOOL DISTRICT"
Mr. Squires made a motion to adopt and Ms. Pollitt seconded.
Ordinance 37-2004 passed with seven affirmative votes.
ORDINANCE NO. 40-2004 "AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE NOT TO EXCEED $10 MILLION OF TAX INCREMENT FINANCING REVENUE BONDS SERIES 2004 (PICTORIA ISLAND PHASE II PROJECT) CITY OF SPRINGDALE, COUNTY OF HAMILTON, STATE OF OHIO UNDER SECTION 5709.40 ET. SEQ. OF THE OHIO REVISED CODE FOR THE PURPOSE OF PAYING FOR COST OF CERTAIN PUBLIC IMPROVEMENTS, AUTHORIZING A PLEDGE OF AND LIEN ON CERTAIN SERVICE PAYMENTS TO SERVE SUCH BONDS, AUTHORIZING A TRUST AGREEMENT, SECURING SUCH BONDS, AUTHORIZING AN ESCROW AGREEMENT AND A LETTER OF CREDIT TO SECURE THE BONDS AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to read by title only. Mr. Vanover seconded. The motion passed with seven affirmative votes.
Mr. Galster made a motion to adopt and Mr. Vanover seconded.
Mr. Knox said the Pictoria Island development built a garage that abuts the office building. The building was paid for by the Multi-Employer Pension Trust, who also owns the building. The agreement all along has been that they would receive a (TIF) Tax Increment Financing) for that. Under the agreement signed in 2000, they proposed to give a letter of credit to back this up because the entire ordinance here and the agreement state that the City of Springdale will not pay any funds toward that building. We would be held financially harmless in this. As it turned out, they were unable to get a letter of credit. Now finally, the MEPT has decided to go ahead with the TIF and as collateral for the $10 million in bonds, they will place $10 million in a trust fund which cannot be touched until the Mayor and I sign saying that that money can be removed from the trust fund. Mr. Tim Quinn, from Taft, Stettinious and Hollister, representing the City has given us this ordinance and Mr. Meyers from Pictoria Island is also here.
Mr. Danbury asked do we have to pay down the full amount?
Mr. Quinn replied MEPT will deposit an escrow agreement with the City for $9.5 million plus 195 days of interest, which is $10,541,000. If there is a shortfall the City takes it out of the escrow.
Mayor Webster stated as the principal bonds are paid off we will authorize to release that much in collateral. When Mr. Knox said the payments will be made out of the TIF, he is saying that in lieu of paying property taxes to the County, they will make service payments to the County. That money comes back to the City and Mr. Knox pays the bonds and interest on those. At no time is the City treasury obligated to pay these bonds. The only way we would ever entertain any thought of paying those is if the total process went toes up and we had $10 million worth of defunct bonds trashing the reputation of the City of Springdale. Then we would be concerned but I doubt if we would be concerned enough to pay it out of the City treasury. The first thing we would do is look at the escrow agent to make good on the default.
Ordinance 40-2004 passed with seven affirmative votes.
ORDINANCE NO. 41-2004 "ACCEPTANCE OF DEDICATION AND RIGHT OF WAY ALONG STATE ROUTE 4/SPRINGFIELD PIKE, CONTAINING A TOTAL OF 0.4032 ACRES, AUTHORIZING THE ISSUANCE OF A LICENSE AND DECLARING AN EMERGENCY (GEN II LLC Ė PERKINS PROPERTY)"
Mr. Vanover made a motion to adopt and Mr. Squires seconded.
Mr. Galster said the sign is going to be put into what is now City of Springdale property. There was probably a variance granted for that sign. Are we now getting the variance?
Mr. Osborn replied this only deals with the pole sign that is out there now. It is not making any commitments to future poles if it is to be replaced or a second one added. If this pole is on a variance it will continue on a variance. If they were to ask for a new pole or sign, then it would be their obligation to seek a variance.
Mr. Galster asked would it be their obligation to come before us if they are putting up one of the same square footage and same height?
Mr. Osborn answered they would have to come in for a panel change at minimum.
Mr. Galster said a variance was granted for the sign pole on their property and now the pole is on our property.
Mr. Schneider stated whatever existed before stays on as they move the pole. If they are on a variance, it runs with the land and is forever. They donít have any right for an additional sign, taller sign, or modification without going through the normal procedure like anyone else.
Mayor Webster said I would like to thank Mr. Theiss for donating this to the City. This will enable us to enclose that huge ditch in front of Perkins. Itís one of the first things you see entering the City and we look forward to having the capital improvement funds to cover that up.
Mr. Danbury said Mr. Shvegzda, we were looking at putting a pipe in there with all the 100 year rains we have. Will we have to reconfigure that?
Mr. Shvegzda stated the basic plans show an extension of the culvert. We looked at what was being displaced as far as flood plain area versus what pooled at that area at the 100 year event.
Ordinance 41-2004 passed with seven affirmative votes.
RESOLUTION R21-2004 "APPOINTING ________________________ AS A MEMBER OF THE PLANNING COMMISSION SUCCEEDING THE POSITION HELD BY ROBERT APKE"
Mr. Galster made a motion to table and Ms. Pollitt seconded. The motion passed with seven affirmative votes.
RESOLUTION R24-2004 "AUTHORIZING THE CITY ADMINISTRATOR TO FILE AN APPLICATION WITH THE OHIO PUBLIC WORKS COMMISSION FOR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM (LTIP) FUNDS AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO EXECUTE ALL CONTRACTS AND OTHER DOCUMENTS"
Mr. Danbury made a motion to adopt and Mr. Vanover seconded.
Resolution R24-2004 passed with seven affirmative votes.
OLD BUSINESS - none
Mr. Wilson said I saw a new sign for Springdale Hotel. Does anyone know what happened there?
Mayor Webster said they are no longer Best Western and they have not concluded negotiations with their new flag. In the meantime they will be called Springdale Hotel.
MEETINGS AND ANNOUNCEMENTS
Board of Health - September 9
Planning Commission - September 14
Board of Zoning Appeals - September 21
Mayor Webster said I would like to extend sympathies to the Daggett family at 228 Harter. Mr. Don Daggett passed away over the weekend.
Mayor Webster reported as of this date I have appointed Mrs. Holly Emerson to the Parks and Recreation Commission.
Mr. Osborn said we have a new restaurant coming to town, Baxterís. The restaurant is independently owned and operated. Phillip Frost, the proprietor has been by to see us. We are very excited about him coming to town. He has another restaurant in Blue Ash but is not a chain. He is community oriented and I think will add a great variety to our restaurant scene. I encourage anyone who is looking for a new place to eat to stop by and try out Baxterís.
Mrs. McNear said I would also like to pass on sympathies to a Springdale family. This week a young man by the name of David Warsbach passed away suddenly. He is a graduate of Princeton High School and was attending Wright State University.
Mrs. McNear said last week my mother had an extensive heart attack. Due to the fact that we have such skilled, dedicated people who work in our Fire Department she is alive today.
Mr. Wilson reported we had our fourth annual luau for cystic fibrosis and the Springdale veteranís memorial. This year there were over one hundred people there. The memorial fund will receive $345. We want to thank everyone who bought tickets.
Mayor Webster announced the Chamber of Commerce is having an event at the Community Center on October 4. Joe Nuxhall will be the speaker.
COMMUNICATIONS FROM THE AUDIENCE - none
Mrs. McNear stated I will entertain a motion to go into executive session for consideration of economic development issues that could give an unfair competitive or bargaining advantage to any person if there is a premature disclosure. Mr. Danbury made the motion and Mr. Vanover seconded.
The motion passed with seven affirmative votes.
Mr. Danbury made a motion that Council go into executive session as a meeting of the whole to discuss personnel matters. Ms. Pollitt seconded.
The motion passed with seven affirmative votes.
Council went into executive session at 7:50 p.m.
Council reconvened at 9:48 p.m.
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Resolution R21-2004 - September 15
RECAP OF LEGISLATIVE ITEMS REQUESTED
Personnel issues - September 15
Contract for professional services - September 15
Council adjourned at 9:50 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council