Council was called to order on August 21, 1996 at 7:00 p.m. by President of Council Randy Danbury.
The Pledge of Allegiance was recited by the governmental body and those in attendance. The Invocation was given by Mr. Knox.
Roll call was taken by Mr. Knox. Present were Council members Boice, Galster, Manis, McNear, Vanover, Wilson and Danbury.
The minutes of August 7, 1996 are not available at this time.
Mr. Danbury said Ordinance 66-1996 will be added to the agenda with an emergency clause.
RESOLUTION NO. 24-1996 "COMMENDING BARRY TIFFANY FOR HIS DEDICATION AND SERVICE TO THE CITY OF SPRINGDALE"
Mr. Wilson made a motion to adopt and Mr. Galster seconded.
Mr. Galster said having worked with Mr. Tiffany for the past two years on Planning Commission I'd like to take this time to thank him. He took the time to educate and explain to me a lot of things that happen in Planning Commission, everything from parliamentary rules to what certain type roofs were, etc. Mr. Tiffany showed a dedication for the City. He was thorough. He showed a clear and sound vision for the future of the City of Springdale. I want to use an old adage "hind sight is 20/20". Mr. Tiffany showed a pretty clear foresight as well. I thank him for his commitment.
Mr. Vanover said I'd also like to take my hat off to Mr. Tiffany. I worked with Mr. Tiffany from Council and also in other realms too. We were involved in soccer together so not only Planning Commission, but he's involved in the community at various levels. Mr. Tiffany and I were not always on the same side of battles so to speak but we were always able to appreciate each other's opinion and I just want to say thanks, Barry. It's been a pleasure and we're going to miss you. Stay in touch.
Mr. Wilson said there isn't much more I can say. I started working with Mr. Tiffany December 1, 1991 and up until the time of his resignation we worked together. He's going to be missed. We looked to you for a lot of insight, especially myself, the first year or so I was on. We tried to put our heads together and try to come up with a common response that was favorable and one that would be for the benefit of the City. I appreciate you giving me the opportunity to work with you. I wish you well.
Mr. Danbury said I never had a chance to work with Mr. Tiffany first hand on any committees but I can say that many people I have spoken with who have worked with you, said you have always done your homework and you're always prepared. That's the only thing we can ask for, someone to work hard. Everybody said you were really a dedicated person to the City and we will miss you. Thank you very much for your service.
Mrs. Boice said hi, Barry, nice to see you here tonight. Wish you at been there last night at our Board of Zoning Appeals meeting. I, at one time, also served on Planning Commission and not that I'm picking favorites, I think in many ways Board of Zoning is a little bit tougher at times. Mr. Tiffany pulled things together, always had things right on center and as all of you know, I have a tendency to wander from time to time, and I know of no one better than Barry Tiffany to bring me back to that place on the dime where I should have been instead of going into other areas. He was just really great at organizing, targeting and advising our group when we had wandered from the main issue, which we often do at Board of Zoning. Sometimes you can get a compromise when you look into the depth of other than the actual variance that people are asking for. Mr. Tiffany was really a pro at knowing when to bring it back to target point because he could always sense when that individual was not going to compromise and we might as well move on. I enjoyed working with you, Barry. We are all going to miss you, there's no question. My best wishes go with you always.
Mr. Knox stated a few months ago I sincerely complimented the members of the Planning Commission for their knowledge and their hard work. They stay up late a lot of times. When I was saying that Barry Tiffany was one of the people I was very pointedly thinking about. Thank you for your service. You will be missed.
Resolution R24-1996 passed with 7 affirmative votes. Mayor Webster presented the resolution to Mr. Tiffany.
COMMITTEES AND OFFICIAL REPORTS
RULES AND LAWS - no report
PUBLIC RELATIONS - Mrs. McNear said we're in the process of proof-reading the newsletter, making final adjustments and attaching pictures to it. It should be mailed out within the next several weeks.
PUBLIC HEALTH, SAFETY AND WELFARE - no report
PUBLIC WORKS - Mr. Vanover said the 1996 street improvement program is underway. The concrete work is currently being worked on. The pavement repair will begin the week of the August 26. We anticipate the project will be completed about the end of September. Last Thursday evening they had the informational meeting on the grade separation. Unfortunately, I was out of town but I understand it was pretty well attended. It looks good and I can't wait to see it get into place.
PUBLIC UTILITIES - no report
CAPITAL IMPROVEMENTS - Mr. Wilson said there are three projects: new sidewalks and Crescentville curb replacement now complete except for the sidewalk on Rockcrest which has been put on hold pending review by City Council and the Administration. The project will be reviewed and a punch list compiled the week of August 26 for work which has been completed. Century Boulevard Phase II is complete. It will be reviewed with a punch list compiled the week of August 26. Ray Norrish Drive improvement and Crossings resurfacing - curb removal/replacement and the pavement replacement is underway. The City has rejected the cost that CG&E indicated the City was responsible for to complete underground electric relocation. Therefore, the Ray Norrish Drive rewidening work will commence in one to two weeks.
FINANCE COMMITTEE - no report
PLANNING COMMISSION - Mr. Galster reported Planning Commission met on August 13, 7:00 in these chambers. Item 5 on the agenda was the appointment of a liaison to the Board of Zoning Appeals which we tabled until our next meeting so we could get a full board seated. Home Quarters requested approval of outside storage of pallets. I don't know if anybody has been by there lately but they have a lot of pallets in the back of their building that create a lot of clutter and they continue to do deliveries out of the front of their building. They have a major space problem there. We approved the pallet storage area in the back of their building that will be made to look like the building itself. We're still waiting for them to come forward with some other plan to eliminate the deliveries and the storage in the front drive/walk area. It is awfully congested at the fire zone. The next item was a request for approval of a revision to the Charing Crossing Estates Phase I. The applicant came forward with changing from two unit buildings to four unit buildings. Before he was able to make the presentation to us he decided he didn't like the plan either so he withdrew his request. He will move forward with what he has approved. He did inquire as to whether he could do the three buildings in stages, putting in the first building and having access to Route 4. That was denied. He's basically where he was a month ago with the approval he obtained at that time. We had concept discussion of a proposed Furrow's Contract Supply Company at 550 Kemper Commons Circle, which is part of the old Kroger building on the other end from Roberds. There were approximately six acres of outside storage yard there they were proposing. This was for conceptual discussion only so there was no vote but I don't think they came away with a real good indication that they would want to spend a whole lot of money pursuing it. Ethan Allen requested approval of a ground sign. This is the third building on the lot where we have O'Charley's and Tumbleweeds and we originally got a variance from BZA to allow them to go to a bigger height sign to allow them to put three tenants on the one sign. They wanted a separate sign, saying it was too low. That was denied 5-0. The next item was approval of rezoning of the property at 11320 Springfield Pike from OB to allow construction of the Sterling House. There was no representation so that was dropped from the agenda, 5-0. The next item was conceptual revision of a preliminary plan for Northwest Business Center of Airtight Window Company at 205 North Commerce Way. This is the piece of property that is located right next to Avon. If you are familiar with the Pictoria Island concept we had out here, this is a big chunk of that land. They were in for conceptual approval and they were granted that approval 5-0.
BOARD OF ZONING APPEALS - Mrs. Boice stated BZA met last evening at 7:30. As you are aware, we just honored Mr. Tiffany with a resolution. He was chairman of that board. Mr. William Mitchell, who was vice-chairman stepped up to chairman. Our first order of business was to elect a vice-chairman who is James Squires. Edith McCabe, 725 E. Crescentville Road, requested a variance to allow for a garage conversion. This is a conversion she has had for a number of years. She was making some changes in the doorway which triggered the fact that there had never been a previous variance granted for that conversion. It is not used as a family room. It is being used as an office, a business run out of the house which only members of her family are involved in. There are no deliveries made to the area. It is basically a sales representative type thing. That variance was granted 6-0. Mildred Meyer, 118 Neuss Avenue, requested a variance to allow the construction of a porch and roof to extend eight feet into the front yard. Of course, it only projects six feet into the required front yard. That variance was denied 6-0. Springdale Ice Cream and Beverage, 11801 Chesterdale Road, requested an extension of their four month variance allowing the location of a 10' x 30' trailer in front of their building. When they had been in in April or May, we had questioned them quite thoroughly, did you think four months was long enough and of course, he was absolutely sure. The Board of Zoning Appeals was not but we went along with his word. It would have been a lot easier if we had given him a six month variance then. He was given a two month variance and he also left knowing we weren't going to be open to any more because he was absolutely convinced he could get the work done by that time. If they were not completed he intended to move the trailer. That variance was granted for two months only, 6-0. Mr. Lloyd Dick, 332 Cherry Street, requested a variance to allow the construction of a 12' x 16' utility building. As you know, our code only allows 120 square feet. His property extends 135 feet. He does have an old shed there right now that probably was there before the code was even put into existence. He will be removing that. We granted that variance 6-0. Kim Chan, Dragon City Restaurant, 330 Northland Boulevard, requested a variance to the parking requirements. He is opening a restaurant there. The original seating capacity was 116 which put him approximately 24-25 parking places short. When you look at the layout of the property, when he is having his luncheon business, The Boulevard is not open. When he is having his dinner business the dry cleaners are closed. There are many things that are closed. It's a give and take thing. We did ask him if he would consider reducing his seating capacity which would bring him down to 19 parking places short. He said that would be no problem at all. Mr. Comer who owns that property, had accompanied him and I did take the opportunity to ask Mr. Comer if perhaps, if he repaved that parking lot which is in pretty bad shape, perhaps he might find out he had five or six, or eight or ten more parking spaces there than he was aware of. He said there was some problem with MSD; that they were coming through with a sewer line. Are you familiar with that, Mr. Osborn?
Mr. Osborn replied no, I'm not but there will be a sanitary sewer improvement there but to my knowledge it's sometime in the future.
Mr. Boice continued he said that was what was holding him up. I also suggested a bit of landscaping. He said he really didn't have any place for it but I thought a few flower pots or something around there. I don't know that we're going to get any place on that but I personally am going to make that a little chore of mine to follow up. It really does need to be shored up down there. That variance was granted 5-0.
BOARD OF HEALTH - no report
CIVIL SERVICE COMMISSION -Mr. Coleman said thanks to the City of Springdale, particularly Derrick Parham, for an outstanding advertising/recruiting campaign in an effort to solicit applicants for the violations bureau clerk position. There were upward of 170 people who applied, of which 108 actually showed up for the test on August 15 at Springdale Elementary. Approximately 100 of the applicants had passing scores. We do appreciate the efforts and feel we came up with a very good group of potential candidates. The Civil Service Commission met yesterday at 5 p.m. and those in attendance were myself, Don Darby and Ted Tartar. We took the opportunity to look at the candidates and score and rank those individuals so we can move forward with identifying potential candidates for that position. Hopefully, it is our intention to conclude the initial scoring aspect and to have the candidates available in the next two weeks, and to schedule oral interviews and move forward with the interview process to fill that position of violations bureau clerk. One thing we intend to do in the oral interviews is to stress that the position does involve shift work. It is my understanding that this has been a problem in the past in filling that position because the individual applicants, for whatever reasons, declined the position because of not wanting the shift work. Hopefully, from the number of people who tested and were successful, we can get a good candidate for the City of Springdale.
O-K-I - Mayor Webster reported I attended the meeting on August 8. The only item of any significance is that they are still having the public hearings regarding the I-71 corridor as to whether they will go with light rail or lay down more concrete, especially as we go up into Butler/Warren County. Nothing was decided but that was the only topic of any interest on the agenda.
MAYOR'S REPORT - Mayor Webster gave the Community Pride update. To date we have concluded 2,437 property inspections, in addition to 172 calls or referrals, which has resulted in 374 violations being sent out. Same topics as always. We have pretty well completed the initial review of all the neighborhoods. Now it's a matter of follow up, etc. The inspector is still out there throughout all the neighborhoods. The debris removal program absolutely has to be one of the most popular programs we have introduced in many many years around this city. To date we have had 184 requests for trucks. It's a very popular program. Part of the Community Pride program was to have a city-wide yard sale which we had on August 10 at the Community Center. Mr. Osborn has some details to share with you as to finances. In addition to the yard sale we had Mr. Sears and a lot of his staff collecting recyclables. We had thirty units of anti-freeze dropped in the parking lot; 50 plastic bottles, 500 gallons or latex and oil-based paint. We had 20 vehicle batteries and 105 tires, both truck and car tires. We're in the process of disposing of some of those things. We will have a very comprehensive financial report probably at the next meeting. It was very successful. You had to be a Springdale resident to reserve a booth there and we actually had residents reserve booths, pay their money and then call and ask directions on how to get to the Community Center. Our intent was to try to reach out to a segment of the community that doesn't regularly use the Community Center and I'd say we were extremely successful. It's hard to imagine. Maybe these people just moved in in the last year or so. I want to give them the benefit of the doubt. We estimate we had 1,500 to 2,000 people go through there as purchasers so a lot of good merchandise changed hands. It was a very good program and we look forward to doing it again next year. We have sent critique letters out to all of the vendors who participated and asked them what they'd like to see us do differently next year.
Mr. Danbury said in all the years I've lived here we've had tournaments for the kids, family outings, 4th of July celebration, but I've never seen anything that was mainly adults. There really wasn't that much set up for kids. I've never seen that high a concentration of adults there for any single event and I thought it was interesting and successful too.
CLERK OF COUNCIL-FINANCE DIRECTOR'S REPORT- Mr. Knox said I would like to publicly thank Mrs. Boice for the excellent work she did as Acting Clerk of Council at the last meeting. Thank you, Marge.
ADMINISTRATOR'S REPORT - Mr. Osborn said I would like to begin by recommending that the City authorize the Administration to pursue negotiating a contract with Pflum, Klausmeier and Gehrum for planning consulting services. We have been using Pflum, Klausmeier for that function for a little over a year and it's gone very well. Under the state regulation which just went into effect this year governing how one goes about hiring a consultant now, you must advertise and solicit proposals and make a determination on the candidate most qualified and after you have selected that candidate, then you negotiate a fee structure. I did advertise for this function and specifically solicited proposals from Pflum, Klausmeier; NBBJ; and KZF. All three are companies which we've used extensively in the past, and which are known to us and we feel comfortable using. After reviewing their documents it is my recommendation that we enter negotiations with Pflum, Klausmeier in order to secure a fee structure that we can bring back to Council authorizing legislation to engage the firm. With Council's consent we will solicit such a fee structure and come back to you at your next meeting with legislation that will authorize an agreement between the City and that consulting firm for the planning function. If Council would like to consider making a motion at some point later in the agenda I would appreciate it. We are continuing to work on the skateboard facility issue, looking at alternatives and we're hoping to have a report to you by the next Council meeting that will lay out some costs and alternatives and I think there is a very broad range of options for the City to consider and I think there are some other factors we have to look at as well. Before the next Council meeting we hope to have a written report to you which we'd like to discuss at the meeting. We'd also like to ask Council to set aside some time on their agendas for the meeting of October 16 and November 6 for public information segments dealing with the Urban County Community Development block grant application process. We have participated in this program since its inception. The application for funding is in a three year cycle so this is our only chance in the next three years to apply for funding under this program. Part of that application process requires public dialogue on the recommended projects that are going to be forwarded to the County for consideration for funding. We will have some recommended projects to you prior to October 16. We will advertise in the press the nature of those projects as well as the criteria that has to be used to evaluate projects; and hopefully on November 6 we'll ask you to adopt legislation authorizing us to make application under that program. As a beginning point we would like Council to consider setting time aside on those two Council agendas for a public input segment.
Mr. Osborn continued the community garage sale was extremely successful for a first time effort; or for any effort. We had 75 booths. If you were not able to get there the booths covered all of the multi-purpose court and all of the basketball court. We really could have accommodated a few more but we were pretty much at our limit. It was very well attended as everyone has indicated. The peak of the crowd was probably around 1-2 p.m. and parking was unavailable until you got up to this building. Preliminary costs for the project looks like just under $4,000 with everything accounted for except for the disposal of thirty gallons of anti-freeze and that paint which we can't recycle. The cost is $3,895. It was a very enjoyable event and beyond doing the recycling and a lot of material being donated to the Salvation Army, I think it was certainly money well spent, certainly in terms of the response we got from the public.
I would also like to discuss with Council the preliminary proposal for the community survey from the Institute of Polyresearch, University of Cincinnati. In your mail bin you will have found a copy of their preliminary proposal. Essentially we have had some early discussions with the Institute to determine what is typical for this type of survey and they have provided us with a proposal that will provide us with a sample of 500 residents in the City of Springdale. The survey would involve approximately 75 questions. Five to seven of those will be open ended questions, where narrative is taken from the person being surveyed and seventy of those questions would be closed questions, controlled questions such as true/false; yes/no, multiple choice. The data collection would be in late November/early December. The draft report would be in mid January 1997 and current estimated cost for the project is $16,543. We will schedule another meeting with the consultant just to make sure that we understand what they are saying and they understand what we want. In doing that we'd like to invite Council to participate in that meeting because while the Mayor and I have our ideas as to what this survey ought to be doing, I think the more leadership of the City we can have involved in this process at the beginning, the more we'll ensure we're doing a comprehensive job. I would defer to President Danbury to determine if there is a committee that might be appropriate. Before we finalize the agreement and bring it back to you for legislation we would like to meet with the consultant and a committee of Council to talk about the final details on this survey.
Mr. Osborn said there had been a request for cost figures on the Spirit of Springdale. I think everyone recognizes that this has become a very popular tradition here in the City and a very important part of our summer recreation activities. The budget for the project was $40,000. We are just within that cost. The Recreation Department obviously has the lion's share of this activity with the fireworks, music and entertainment. Their cost was $34,763. Public Works which is principally labor related to preliminary set up and clean up was $1,574.26. Security through the Police Department was $3,024.97 and inspections by the Fire Department was $250. We have a total cost for the 1996 festival of $39,613.05. I might add also in preparation for the 1997 festival we have done a critique and have come up with some modifications to this year's program that could have a cost impact and as a consequence, we have asked the department directors to provide us with a cost projection on the 1997 festival and that's due in my office on September 16. Later this fall we'll give you a heads up on what we anticipate the costs to run next year. I don't think it will be a quantum change but there are few things we want to do a little differently and it may cause a change either up or down.
Mrs. Boice asked am I assuming correctly that the $34,000 figure includes the $12,500 for the fireworks. Mr. Osborn replied yes, this is the total number.
Mr. Osborn stated the City has been advised that we have successfully argued our conciliation case before an arbitrator involving the FOP Ohio Labor Council Patrolman's Unit. We had one issue outstanding that dealt with the manner in which disciplinary action is appealed, either to a Civil Service Commission or to an arbitrator. Our position had been that we wanted to retain that under a Civil Service Commission. The arbitrator has ruled in the City's favor and this now closes out that negotiation process to all extensive purposes. Mr. Parham is finalizing the language to tender a document to the FOP for signature. I can't tell you how quickly we can turn all of this around, but this is the major threshold we had to get by to conclude the negotiations, all other points having been previously agreed to. I would like to extend my congratulations to the Law Director's office, Mr. Parham and Chief Freland on an excellent job, and obviously making a successful argument before the arbitrator. The final item I have deals with the Lobb property across Walnut from the municipal building. A few meetings ago I advised Council that the department directors had evaluated the property in terms of some potential use for the existing structure. We have concluded that there was no use which we could make of the property which would be cost effective and we requested Council's evaluation of the recommendation that the building be razed. I have a cost estimate in hand for demolition and restoration of the site at just over $9,000 and I would like to again broach the subject with Council to determine if there is a preference as to what we ought to do with the property.
Mr. Danbury said I was the one who raised the objection to demolishing it before. I think if you take a real hard look at it, it is going to be very expensive to restore. We have this community pride program and we are one of the main violators. We could hit ourselves a lot on many different items.
Mr. Osborn responded I have been served by the Building Department on that property.
Mr. Danbury said it would be nice to be able to keep that for some kind of use but I think it would just be cost prohibitive so I don't have any objections myself to demolishing it because we still have the land we can develop for some other opportunities.
Mayor Webster said I did leave out passing out some accolades to Sharon Casselman for the great job she did in putting on the garage sale for us. Like Mr. Osborn said, it was the first year we did it and there were a few minor glitches, but all in all I think she did a bang up job. We've become accustomed to Sharon doing that but a lot of times her performance is overlooked. I just wanted to publicly say thanks, Sharon, for a great job again.
LAW DIRECTOR'S REPORT - Mr. Schneider said we want to report that in litigation with Steinberg's who sued the City Planning Commission and tried to hold up the development of the Roberds property, we have prevailed. We are hopeful that will be the end of the matter; however, Steinberg's might very well consider an appeal. We'd also like to point out that the Christy Shepherd case that was announced at the last meeting or two as being dismissed was a multi-million dollar claim against the City by an individual who felt she was not properly handled. That case has been refiled under a new number in the same court, perhaps a different judge. It's a claim for roughly $13 million in total damages against the City and several of its employees and contract employees. We will vigorously defend that matter and advise our carrier that the matter has been filed. I'd also like to point out that we have discussed with the Schulze's the purchase of property and have reached an agreement contract to purchase. That matter is before Council tonight with an ordinance authorizing the approval of the purchase and I'd like to request consideration of that and the fact that it does meet the requirements as I understand Council wished for that property. I've also passed out to all the members of Council this evening a summary of the proposals that are going to be on the ballot. There are four instances where we needed to summarize because there were extensive changes and we've given those to you. In a case where it was a short wording and a small change we're using exact wording as the Charter provides. Those are before you and we'll be filing those with the Board of Elections. Those five issues will be on the ballot in November.
Mr. Schneider asked for an executive session on litigation tonight. I would anticipate no more than ten minutes.
ENGINEER'S REPORT - Mr. Shvegzda said I have a report on the ODOT projects within the City. The St. Rt. 4/I-275 ramp improvement project is complete. Final review of that project will take place next week which will be attended by ODOT and the contractor and ourselves. St. Rt. 747 repair/resurfacing project is also complete. This has been reviewed and there were several minor items that were sent to ODOT. We have to contact them and see what there response is to those particular comments. The Kemper Road/McGillard/Lawnview signal project preliminary submittal has been made to ODOT. We expect to submit the final plans in October with construction to begin in the summer of 1997. In regards to the St. Rt. 747 CSX grade separation, as Mr. Vanover indicated, last Thursday was the public involvement meeting. We're still within that ten day period for submittal of comments regarding the project. The exhibits that were present at the public involvement meeting are shown in Council Chambers. If anybody does have any comments, please send them to my attention or Mr. Osborn's attention.
Letter addressed to Robert Sears: Thank you for your speedy response to my telephone call. I thought the village would have more leverage than an individual. My husband managed that 450-A farm for forty years - no weeds. Of course, he had 40-50 juvenile boys and other men to help. My neighbors read your letter. They were happy that maybe we can solve this problem. Say thanks to Mr. Webster. We are glad we live in Springdale. Thanks again. Mrs. Horstmeier, 242 W. Sharon Road
Mayor Webster said the lady had made an inquiry into what the City could do to make the City of Cincinnati take care of the weeds on the south side of Sharon Road. She and all of her neighbors were up in arms about that so Mr. Sears made contact with the City of Cincinnati and they finally got some results there.
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCE NO. 57-1996 "AMENDING CHAPTERS 153.083, 153.084, 153.085, 153.101 AND 153.102 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE"
Mr. Osborn said earlier City Council adopted a licensing regulation that provides for the management and regulation of sexually oriented businesses in the City and through that regulation implies that the use is only permissible in certain districts. In order to make that consistent with our existing zoning regulations this ordinance is being put before Council to make sexually oriented businesses a permissible use in specific districts. This will be consistent with the ordinance that was adopted earlier by Council. Again, as was asked by a gentleman who appeared at our last meeting where this was the topic, we are not in the process of trying to promote and/or encourage this type of use but more trying to regulate it to the point where if such a use should try to make itself active in this City it would have the most minimal impact on the community. We regulate how close such a use can be to different types of protected uses and we regulate what types of districts that use can be in. Taken together these two documents comprise the manner in which we regulate this type of use and I might add this was a process that took many months of work between the Law Director's office and the City Planner's office. The policy the City has adopted here is court tested by the regulations we've put in place. Just over 5% of the property in the City is subject to this type of use which again is a threshold standard that the courts established in prior cases. We feel pretty confident that if we put this in place, we'll be in a good position to deal with this type of issue should it come up.
Mr. Vanover made a motion to adopt and Mrs. McNear seconded.
Ordinance 57-1996 passed with 7 affirmative votes.
ORDINANCE NO. 62-1996 "DECLARING CERTAIN PERSONAL PROPERTY AND EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO ADVERTISE, AUCTION AND TO ENTER INTO A CONTRACT FOR SALE OF SAID PERSONAL PROPERTY AND EQUIPMENT AND DECLARING AN EMERGENCY"
Mrs. McNear made a motion to adopt and Mr. Vanover seconded.
Ms. Manis asked Mr. Osborn, how do we know the value of the court ordered vehicles. Do we have them appraised?
Mr. Osborn replied the court caused those to be forfeited to the City. I don't know the cost. That will be determined when we sell it. Mr. Osborn said they are not appraised. There are a considerable number of people on the floor bidding on vehicles. There would have to be a lot of collusion to keep the price real low.
Ordinance 62-1996 passed with 7 affirmative votes.
ORDINANCE NO. 63-1996 "AUTHORIZING THE PURCHASE OF PROPERTY LOCATED ON SPRINGFIELD PIKE FROM MARIE B. SCHULZE, TRUSTEE"
Mr. Schneider said I would like to ask for consideration in wrapping this up tonight if we could. I probably should have put an emergency clause on there and did not. If Council might consider it as an emergency, the purchasers are going out of town in about thirty days and I would like to have the opportunity of closing before that time if at all possible. They can meet all the requirements we have set out and if we could I would like to do that.
Mr. Vanover made a motion to add the emergency clause for the purpose of immediate closing and Mr. Galster seconded.
Mayor Webster said if you don't add an emergency the option would expire before this ordinance could become effective. If you waited until September 4 to pass it, it wouldn't go into effect until October 4 and by that time the option would have expired.
The motion passed with 7 affirmative votes.
Mrs. Boice made a motion to adopt and Mrs. McNear seconded.
Ordinance 63-1996 passed with 6 affirmative votes. Ms. Manis abstained.
ORDINANCE NO. 64-1996 "AMENDING THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE TO AMEND SECTION 91.06 TRASH ACCUMULATION AND SCAVENGING PROHIBITED"
Mr. Danbury said I have two questions. Mr. Osborn, we had an issue about a year ago dealing with recyclables, people scavenging. Would this ordinance deal with that as well or is that covered under something else?
Mr. Osborn replied I'd have to read the rest of this in context but there is legislation in place that prohibits anyone from scavenging without a license from the City. So in effect, if someone is going from recycling bin to recycling bin and taking out valuable materials, they are violating the law and are subject to being cited. The purpose of this ordinance specifically is to make it consistent with the earlier amendments we undertook about two months ago to incorporate the concept of composting into our regulation that deals with litter, keeping places clean and the dumping of materials, etc. There is a specific section that would prohibit scavenging.
Mayor Webster said Section D of Exhibit A covers this.
Mr. Danbury responded I read garbage and trash and I don't read that as recyclables.
Mr. Schneider said the purpose of this legislation is to make sure we have not left any gaps on the composting issue and I think this meets all our requirements to prevent the earlier problem you are referring to as well as recognizing we will be composting.
Mr. Danbury asked what the penalty is for non-conformance.
Mr. Schneider replied it is probably under a general misdemeanor. It would be a minor misdemeanor unless it is spelled out and I can pull the code and let you know that tonight.
ORDINANCE NO. 65-1996 "AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $2,000,000 OF RENEWAL NOTES BY THE CITY OF SPRINGDALE, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR STREET AND RELATED IMPROVEMENTS AND DECLARING AN EMERGENCY"
Mr. Danbury said there is a typo in Section 11. "Meting" should be "meeting".
Ms. Manis made a motion to adopt and Mr. Vanover seconded.
Mayor Webster said the City is getting some tax revenue from that project. We will probably get around $8,500 this year. We are getting taxes from the first parcel that was developed. Each year we are going to see that increase and increase until we are getting enough to service the bonds. At that point the game plan was to sell bonds and let those taxes retire those bonds.
Ms. Manis asked Mr. Knox if, as chairman of Finance, can I get an update as to where we stand on the TIF?
Mr. Knox responded we have some of the money remaining from the $2 million and also as Mayor Webster alluded, we had $4,238 in taxes arrive in April. We are comfortably on schedule and we will provide that to you.
Mr. Osborn said there are costs we have not yet paid. We are holding back approximately $80,000 on that project from the money we will eventually pay Fifth Third Bank dba Fountain Realty. The resurfacing of the project and some punch list items have not been completed. When they are we will tender the last of the money we owe the property developers and they will be clear of this project. At this point we are down to the nubs on finalizing the infra-structure construction that is involved in the TIF.
Mr. Knox stated this ordinance mentions approximately 6%. Last year's bonds went at 4.15% and I would estimate they would go at approximately that rate this year also.
Ordinance 65-1996 passed with 7 affirmative votes.
ORDINANCE NO. 66-1996 "AUTHORIZING THE LAW DIRECTOR AND THE FIRM OF WOOD AND LAMPING TO REPRESENT THE CITY OF SPRINGDALE AND ALL CITY OFFICIALS AND EMPLOYEES NAMED IN LITIGATION FILED BY CHRISTY D. SHEPHERD INDEMNIFYING SAID CITY OFFICIALS AND EMPLOYEES FROM ANY EXPENSE, JUDGMENT OR ADVERSE DETERMINATION AGAINST ANY OR ALL OF THEM INVOLVING SAID LITIGATION AND DECLARING AN EMERGENCY"
Mrs. McNear made a motion to adopt and Mr. Galster seconded.
Ordinance 65-1996 passed with 7 affirmative votes.
Nominations for Planning Commission
Mr. Wilson said this was a particularly difficult choice for me because I personally talked to six out of the seven applicants and I just got the paperwork on the seventh one this evening and was not able to speak with him. Some of them were friends, neighbors, etc. so I had to look at what was the balance for the board. We have six individuals on Planning who are in some kind of business, construction, insurance, etc. I was looking for a balance and I chose Sandy Burt, 839 Ledro Street. She has been with the City 29 years and has served on committees such as FRYS and STAFF. She has grown up in the community and I think she will bring a different perspective to Planning we have not had in the past and therefore, I'm placing her name in nomination.
Mrs. Boice said I think it has been just outstanding the great number of people we have had come forth. I have seven questionnaires in front of me that have come forward. I know we have talked that possibly we need new blood, a new perspective. I think as we look at our committees today and they are strong committees, we do have a lot of new blood on those committees. I think Planning is so strong right now and needs to be kept that way. I would like to see someone slip into that position who really needs no training and will immediately fit right in. It's for that reason I am nominating Mr. Robert Seaman. I think it is widely known throughout the City of Springdale that Bob Seaman and I have probably been at the very opposite ends of the political landscape in Springdale but I have worked with Bob on Tax Review Board and Board of Zoning Appeals. This should come as no surprise to many of you as I have admired his work publicly before. He brings a firmness in Board of Zoning Appeals that is so strongly required. I realize this appointment is for Planning but I can only relate to his experience on BZA because he has not served on Planning before. He brought a real firmness to that board and he is also very fair in his approach, always well prepared. He brought that same type of thing to the Tax Review Board. Mr. Seaman has never had a chance to fill out an entire term. This term almost borders on a full one, 3 years and 3 months. I really think, knowing the service he has given, that he could move right into Planning, feel comfortable there the first meeting because BZA bounces off of Planning; Planning bounces off BZA. I think right now that that board is strong and to keep it in that manner, I think he is the right person for the job. He has experience in other areas of the City. He knows how the City works. I would like to see him have the chance to work for over a three year period in something I know he would do very well in and it is in that spirit that I nominate Robert Seaman.
Mr. Danbury said we have been inundated by really quality people. We have seven applicants on paper and talking with some of the people, I think we can have a very good Planning Commission just by some of the applicants. I think everyone is going to make his/her own decision but like Mr. Wilson said, mold it out the best way you see fit.
Mr. Seaman was appointed by a vote of 4-3.
RESOLUTION NO. 25-1996 "APPOINTING ROBERT SEAMAN AS A MEMBER OF THE PLANNING COMMISSION"
Mrs. Boice made a motion to adopt and Mrs. McNear seconded.
Mr. Wilson said this was a phenomenal response. We had seven good candidates and I want to publicly thank all seven of the people who submitted their names. We'll keep you in mind for the future.
Resolution 25-1996 passed with 7 affirmative votes.
Mr. Danbury said I like the 7:00 p.m. start time and want to know how long people want to continue with this. I would like to do it indefinitely until weather might be an inhibitor. There were no objections so meetings will be at 7:00 p.m. until further notice.
Ms. Manis asked if copies of comments on the grade separation will be made public.
Mr. Shvegzda said those will be complied and sent to ODOT and I don't see any problem getting copies.
Ms. Manis asked how much we have been paying Pflum so far for their services.
Mr. Osborn said I would have to pull the billing but it's on a time and expense basis. We have used them in a variable capacity depending on the agenda for Planning Commission. Primarily they have worked with us on PUDs, the Route 4 corridor and developments within the Rt. 4 corridor, developing new legislation such as the cellular tower legislation and very shortly we will probably be coming back to Council with a recommendation from Planning Commission on a project initiated by Planning Commission to undertake a rewrite of the Zoning Code. I'd have to pull up billing to tell you the hourly rates.
Ms. Manis said several people have commented to me on the Pictoria Island sign. I think our plans in Planning showed landscaping and several finished things, and it's still sitting there in about the same shape as it was. Maybe we could talk to them.
Mr. Galster said I did talk to the Building Department just trying to get someone out there to cut the grass. Mr. King, the developer, has been out of town with two deaths in the family recently. I did talk to him at Planning Commission and hopefully some of those problems will be taken care of.
Mr. Danbury said Mr. Osborn touched on something earlier about a committee for the survey of our citizens. I personally would like to be on that and would like to throw it out and see if any other Council people would like to be on this.
Mrs. McNear said I would like to volunteer for that also. It falls in place with my Public Relations committee.
Mr. Wilson and Mr. Galster also said they'd like to be on the committee.
Mr. Osborn stated unless it is a public meeting we can only have three Council members.
Mayor Webster said we respectfully request you limit it to three. There are some ideas we'd like to float that we aren't ready to go public with at this point. We'd be more than happy to meet with three members of Council, then three, then one. I just would hate to see us have to operate under the rules and regulations of the sunshine law.
Mr. Galster and Mr. Wilson will decide between themselves who will join Mr. Danbury and Mrs. McNear on the committee.
Mr. Danbury said on his street one day last week they received a number of fliers that go on mailboxes but they were scattered all over. What can we do to keep people from littering?
Mayor Webster said they are not supposed to be hung on mailboxes. You need to call the Post Office and I believe they will send someone out to investigate.
Mr. Danbury said the company who left them are very prominent. I didn't solicit these, no one else did, and no one got them because they were everywhere.
Mr. Galster said these advertising companies have a list and you can stop them if you don't want them coming to your house.
Mr. Danbury said Ordinance 64-1996 dealt with trash and that's basically what it is.
Mayor Webster stated we have gotten complaints from people who have registered with the City and don't want to be solicited. The Door Store people and others have that list. A party on Ruskin got The Door Store two or three weeks in a row and were really bent out of shape over it, so I talked to The Door Store people myself and let them know in no uncertain terms that they would have to quit delivering that paper there or we'd cite them to court. We haven't heard from them since.
Mrs. Boice said I'm on that list also and The Door Store people come to my home every week. I've called the police myself to check if people in the neighborhood are registered but by and large I don't think many of them pay much attention to that list.
Ms. Manis said the people coming to the door are contractors and the company should take more responsibility.
Mayor Webster said in dealing with the situation on Ruskin I did talk to a lady with The Door Store Company and she was very concerned about it. She told me she was going to personally camp out in front of this residence on Ruskin the following Sunday to make absolutely sure the contract people didn't deliver. I think Ms. Manis is right; it's not the company, it's the contractors who are probably minimum wage people and don't take a lot of care.
Mr. Osborn said the list we are talking about and registering with the City deals specifically with people going door to door to solicit business. It doesn't include unsolicited mail being hung on your door knob. That may or may not be something the company will deal with you individually. The legislation we have in place deals exclusively with people soliciting business. We do aggressively pursue those people. The Police Department routinely collects them up and escorts them out of town. If they return, they are cited. Frankly, a lot of times it's not the poor innocent person out there. I've personally notified somebody and he immediately went across the street and started soliciting over there. So I called the police and the police told them the same thing. The guy still didn't get the message and ultimately was cited elsewhere in the City for violating the law. The door hangers would not fall under that element of our code.
Mr. Danbury said one resident had a sign on the mailbox saying "do not leave anything here". People will still leave things over the sign. It's frustrating and I don't know why we have to deal with this but I think if someone has a sign up people would get the message.
Ms. Manis asked Mr. Danbury if he was out campaigning and the resident wasn't home, would you leave something there? It could go for all of us too.
Mr. Danbury responded that is a valid point but I saw an entire neighborhood with stuff all over the place time and time again.
Ms. Manis said there were many days when I wasn't working I would pick up milk jugs all over the street that weren't mine. With the weather it's going to happen from time to time. We've had trouble in the past with The Door Store just throwing them .
Mr. Schneider stated I think that last discussion hits the point of what the real issue is. There is a constitutional right to distribute literature to citizens without the government interfering in it. That's the basic difference in giving out literature and littering. You can regulate littering if somebody throws a bunch of them in the street or causes a lot of debris but you do not have the right to prohibit or regulate the distribution of written materials of that nature. I think the perfect example was the question asked by Ms. Manis and the response by Mr. Danbury. You cannot regulate political literature being left there. If you tried to do that you'd be violating the distributor's constitutional right to communicate with other citizens.
Mr. Danbury said I think the central theme of this is that it's on the mailboxes. I would never leave my campaign literature on a mailbox.
Mr. Schneider replied there is a federal regulation with regard to interfering with the mail. If, for example, somebody stuffed the mailbox and that precluded the U.S. mail being distributed there that could be a major problem. But the enforcing authority is the federal postal service, not the City of Springdale. If someone has a complaint because it is being placed on their mailbox or in conjunction with the mail, they can complain to the postal service and perhaps they will put a postal inspector on it. There are some federal regulations that can be enforced at that time by the federal authorities.
Mr. Danbury said people are still confused when they come here for court. A lot of times when I come in here to pick up information there would be people who want to pay their tickets here. I was wondering if we could have a marquee outside out front, pointing out the Administration Building, Police Department, etc.
Mayor Webster replied we could do that but they have to walk right past a 30" x 30" sign in the lobby. You almost have to step aside of the sign that says Mayor's Court, 2nd building, Lawnview Avenue. We could do anything but some people are bound and determined to come into this building. It's a problem when they come in and disrupt someone trying to do his/her job. That's why we have the sign in the lobby right inside the door.
Mr. Wilson said Mr. Knox and I thought it would be nice to send letters to the other candidates thanking them for their participation.
Ms. Manis said Keith Chavies baseball team of 7 and 8 year olds came in second place in their league. They only lost two games all year and they got a nice big trophy. I just wanted to congratulate them all. I have some requests from some parents and coaches as to the possibility of getting cellular phones they could use when traveling to outlying parks for practices. It has been suggested that they be at the Rec Center and the coaches/parents can check them out if they'd like to. A major concern is that a lot of parents don't stay around at practice; it is mainly the coach and the children. If someone were to get hurt it's a question of leaving the kids and taking the injured child or going yourself to call for help. There are situations where they've been at fields and there are dogs running around. There is no way to contact someone if you need to. A lot of people have cellular phones now but not everyone does. I don't think we can count on a parent being there with a cellular phone.
Ms. Manis continued on the phone survey how would the residents be selected for the phone list, how many times will they try, how long will the interview be?
Mr. Osborn responded the survey people will be given a list of virtually every residence in this City from which they will randomly select 500. They will keep calling until they make 500 contacts. I asked the same question about how long this survey takes. It takes about thirty minutes up to 45 minutes. They do this same type of survey every third year for the City of Cincinnati. They do similar surveys for organizations throughout the State of Ohio. This is not a new process or new technique. We can ask them and we will be asking them to make sure that certain demographics are met. No one under eighteen will be able to answer the survey questions. We also want to make sure we get demographics that reflect the total community in terms of the racial make up. We want to make sure our demographics are consistent. If we get 500 people to answer the questions and for some reason the numbers are skewed and we have no minorities in that 500 then we're going to ask them to go on doing additional interviews until we get 500 interviews that has a balanced racial make up reflecting the population of the City. There will be an extensive number of contacts made. They may have to contact virtually everybody in this City to get 500 interviews.
Mayor Webster said I asked why anyone would stay on the phone for a half hour. They indicate that has not been a problem with the City of Cincinnati. When the respondent finds out you are talking about his/her city, community, things that are very close to him/her, she/he is very very cooperative overall. The people are very interested in what you are asking.
Mr. Knox asked if elected officials would be removed from the list?
Ms. Manis stated I don't think you could say anything that could skew the survey.
Ms. Manis asked if there were any costs associated with the Health Department inspections.
Mayor Webster replied there were some inspections especially on the first night. I personally did not see an inspector the second day. There would have been some cost but I know Mr. Winfough was down there doing the inspections himself but he was also working as a member of the Kiwanis. I don't think there were any out of pocket costs.
Mr. Osborn said most of the time in the Health Department was during routine business hours issuing permits, etc. Mr. Winfough was down there at the beginning of the festival at the end of his regular work day and just before he transitioned into his other responsibilities at the festival.
Mayor Webster said we have asked all the directors to go back through their pay records and we feel pretty good about this cost. I really think we have 99% of the cost, not just the regular rate but comp time, overtime, pension. I think we have a real good handle on what the festival costs. Let's hope it never comes down to it but in some future year if we have to decide if we want to spend x number of dollars on the festival or something else, at least I think Council needs to know what that festival costs us. I think it's money well spent but at least Council knows we are looking at all the costs. We are looking at the same thing on the garage sale next week.
Mr. Danbury stated I thought it was a very good investment. It breaks down to less than $4 per resident if you want to look at it in those terms. I thought it was excellent again this year.
MEETINGS AND ANNOUNCEMENTS
COMMUNICATIONS FROM THE AUDIENCE - none
Mrs. Boice made a motion to go into executive session as a committee of the whole to discuss possible litigation. Mr. Galster seconded.
Council went to executive session at 8:55 p.m.
Council returned at 9:06 p.m and adjourned with no further business.
Edward F. Knox
Clerk of Council/Finance Director
Randy Danbury, President of Council