President of Council Randy Danbury called Council to order on June 16, 1999, at 7:00 p.m.
The governmental body and those in attendance recited the pledge of allegiance. Mr. Knox gave the invocation.
Mr. Knox took roll call. Present were Council members Galster, Manis, Pollitt, Vanover, Wilson and Danbury. Mrs. McNear was absent.
The minutes of June 2, 1999 were approved with 6 affirmative votes.
Police Swearing In
Chief Laage introduced the new police officers, Michael Noble, Dale Morris and Jeffrey Peck. Chief Laage said Mike has prior police experience, Jeff was with the Fire Department and Dale was an honor roll student with superior educational achievements. Mike is in a field training program, and Jeff and Dale started the Police Academy on Monday. Mayor Webster swore in the new officers.
COMMITTEE AND OFFICIAL REPORTS
RULES AND LAWS - no report
PUBLIC RELATIONS - no report
PUBLIC HEALTH, SAFETY & WELFARE - no report
PUBLIC WORKS – Tom Vanover reported that the 1999 street program has been awarded to L. P. Cavett Co. and the crack seal program to Terry Construction. A pre-construction meeting will be held June 23 and construction is scheduled to start mid July.
PUBLIC UTILITIES – Ms. Pollitt stated that ICRC had a presentation of the new Roadrunner System. It is impressive technology and they will be offering the City hookup. It will be offered in stages to the community.
CAPITAL IMPROVEMENTS – Ms. Manis said the Fred A. Neuman Company will start construction of the West Kemper storm sewer project, Phase II on June 21. The Community Center electric service was delayed until June 25. Construction is schedule to start on ball field lighting replacement on August 16 with a completion date of September 3. The Police Department HVAC improvements should begin in early September.
Mr. Danbury asked are they behind schedule at the Community Center?
Mr. Parham replied the general contractor says they are a week behind. Our contact, Rex Basore, says two weeks. They have hit every utility; water, sewer, gas, electric, telephone. The secondary wiring from the transformer towards the concession stand is in. The wiring from the main line off of Lawnview is expected to be in by next Monday. Hopefully the transformer will be loaded and the generator. The Center will potentially be shut down June 24 for the secondary back up. We are behind schedule but as the project goes on I think we can make some of that time up.
Mayor Webster said we had a walk through yesterday. They still feel they are on schedule for completion.
FINANCE COMMITTEE – Mr. Wilson reported they will meet June 30 to prepare the annual tax budget.
PLANNING COMMISSION – Mr. Galster said they swore in new members Dave Whitaker and Don Darby. Longhorn Steakhouse’s request to replace a ground sign with a pylon sign was tabled. The sign for Extended Stay was approved 6-0 with the landscaping plan. A proposed screen enclosure at 603 Maple Terrace Drive was approved 5-2 after being denied earlier with a 4-2 vote. A proposed garage at Rent-A-Car was tabled 7-0. The request for a proposed building elevation and monument sign at Gold Start Chili, 11551 Springfield Pike was tabled 7-0. The main problem was with the color of the roof which needs to be more of an earth tone color as required by the Corridor District Study. There was a concept discussion of Costco. Kemper Dodge requested a rezoning of the Temple of Praise property, 1190 East Kemper Road. Kemper Dodge wanted the City to initiate a zoning map change. We told them the City has not done that in the past. If they want to request a zoning change they should submit that application. That was tabled until July.
BOARD OF ZONING APPEALS – Mr. Wilson reported that they welcomed Fred Borden to the committee. Forest Dale Church, 604 West Kemper Road, requested a variance for a 40 square foot ground sign, 20 – 23 feet from the adjacent property. It was approved 6-0. Dan DeHamer’s request for a variance for a converted garage at 11978 Navonna Court was dropped because of no representation. Michael Murdock, 12172 Greencastle Drive was granted a variance for a 12’x16’ shed. Pat Wells, 203 West Kemper Road, requested a variance to park his truck in the driveway. He was a no show. He left a message with the Building Department that if he didn’t show up he had sold the truck. John Richardson, 644 West Kemper Road requested a variance for a 960 square foot garage. A variance for an 846 square foot garage was granted. Timothy Smith, 537 West Kemper Road was granted a variance for the conversion of his carport into a patio enclosure with revisions. James and Barbara Boso, 669 Cedarhill Drive were granted a variance for the construction of a 160 square foot garden shed.
BOARD OF HEALTH - no report
CIVIL SERVICE COMMISSION – Mr. Coleman reported that the suggested changes for rules and regulations have now been forwarded to legal counsel for review. The promotional exams for police lieutenant and sergeant will be held June 22. The violations bureau clerk test review will be June 29. There was a certification of names for the account clerk position in the Tax Department. Three additional names were certified for the fire fighter position.
O-K-I – Ms. Manis said Ordinance 34-1999 is on the agenda tonight. Also I got something in the mail and it says 20/20 Metropolitan Transportation Plan amended recommended highway projects for capacity expansion include S.R. 747/I-275 to Kemper – add two lanes at a cost of $7 million; S.R. 4/Crescentville Road to Sharon Road – add four lanes; and S.R. 4/Crescentville Road intersection - add one turn lane.
MAYOR’S REPORT – Mayor Webster said judging for the landscaping awards will begin this weekend. Nominations close 5:00 p.m. Friday. We would like to announce the winners July 7 and have the people in for awards July 21.
CLERK OF COUNCIL/FINANCE DIRECTOR – Mr. Knox said succeeding the meeting by the Finance Committee we are going to have a public hearing on July 7. The notification will be published in the newspapers June 21.
ADMINISTRATOR’S REPORT – Mr. Osborn said some of you may have received copies of this correspondence from Time Warner and ICRC advising us that our fifth anniversary for our current franchise agreement is August 4, 1999. Under the terms of our franchise agreement we have the right to hold a public hearing to review the performance of the cable provider in terms of meeting their commitments under the franchise agreement. The public hearing is optional but we need to make a decision soon.
I circulated a memo to City Council on the Y2K status. Once a month we try to do an update on the Y2K effort. There are a few things outstanding, none of which are problematic. The one least in our control involves Micrsoft software. Additional patches are needed but they have not yet been released by Microsoft. The report has been put on our City web site.
You may recall earlier this year we went through a series of resolutions either dropping a journalized speed entry and reverting back to statutory speed or adopting new journalized rates different from the state. I asked the City Engineer’s office to compile a comprehensive map showing all speed zones in the City and when they were journalized. In the process of doing that, they found one speed zone that is eastbound on Crescentville Road between S.R. 4 and S.R. 747 that is not properly journalized at this time. In April 1985 the Butler County Engineer’s Office undertook a speed zone
study of that section of Crescentville Road. It had previously been posted at 50 mph. Their speed zone study determined that the appropriate speed limit was 45 mph. We discussed it here and agreed with their findings. I wrote a letter to the Ohio Department of Transportation supporting the Butler County application to modify the speed zone. That was all we were asked to do. We now learn that our section of the study was not applied as a journalized entry because it was not supported by legislative action on the part of City Council. They hadn’t asked for it and failed to tell us that they weren’t going to do it because we didn’t provide them with an ordinance. Nevertheless, I would like to ask Council to consider a resolution at the next meeting that would request the Ohio Department of Transportation to journalize that portion of Crescentville Road at 45 mph.
Our first outdoor concert of the year will be held next Wednesday, June 23. One of the best ways to access the amphitheater for the general public would probably be to park immediately adjacent to the Police Department and take the walk way down along the tennis courts that will lead you in a most direct path to the amphitheater. Persons with disabilities or individuals who cannot navigate stairs would probably find it better to take the bike path around the more circuitous route and access the amphitheater off the bike path. Beyond that we feel that the facility will be able to accommodate our regular concert series and we encourage everybody to take part.
Mr. Danbury said Council would make a decision about the public hearing concerning the Time Warner contract at the next meeting.
LAW DIRECTOR’S REPORT - no report
ENGINEER’S REPORT - no report
Mr. Knox stated there was one communication from the City of Blue Ash thanking the residents, Administration and City employees who helped out during the tornado.
COMMUNICATIONS FROM THE AUDIENCE
Michael Goecke, 526 West Kemper Road said I noticed that the service organization sign on Rt. 4 had all the service organizations of Springdale, but not the Boy Scouts. I found that if we bought the sign, the City would put it up. I organized a small fund raiser within our troop. My neighbors, the Cottrells, have a son in Cub Pack 199 and they matched every dollar we raised so they paid for half of it. On behalf of Boy Scout Troop 164 and Cub Pack 199 I would like to present the City of Springdale this sign that bears the scout logo to be posted on the service organization sign on Rt. 4.
Mayor Webster said thank you and maybe this will provide incentive for other organizations to jump on board.
Ms. Pollitt said thank you for coming in tonight. That’s just one more evidence that Troop 164 has been a strong presence in our community for a long time. I commend your leaders greatly.
Mr. Vanover said I echo a lot of what Ms. Pollitt said but I also want to give Michael a pat on the back. This was his original idea and he went out completely on his own. It’s refreshing to see young men like this.
Mr. Danbury said Michael is an Eagle Scout. Sometimes people set goals in life and once they achieve them, they stop. This shows what kind of person you are. I think you will be very successful.
Mr. Coleman asked if First Watch is coming to Springdale. Mr. Galster replied yes, it’s going into the original Sprint location by Borders.
ORDINANCE NO. 34-1999 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO AN INTERAGENCY AGREEMENT WITH THE OHIO-KENTUCKY-INDIANA REGIONAL COUNCIL OF GOVERNMENTS FOR THE I-75 CORRIDOR STUDY FROM THE OHIO RIVER NORTH TO THE WARREN/MONTGOMERY COUNTY LINE"
Mr. Osborn said the Ohio-Kentucky-Indiana regional governments adopted a regional transportation plan called 2010 in 1993. The plan identified six or seven critical transportation corridors that needed to be further reviewed from a land use standpoint, as well as a transportation standpoint, because these two factors are key elements in economic growth and development. In order to keep this region viable we need to have long term planning for transportation and land use. The first corridor that was reviewed is the I-71 corridor from the Greater Cincinnati Airport to Kings Island. Just recently a major investment study for that corridor was completed. The second priority has been given to the I-75 corridor as our ordinance indicates. This is far longer than the one for I-71. This runs from the Ohio River to Montgomery County. It will involve three county governments, nineteen cities and villages and four townships. The purpose of the study is to explore the various options available for expanding the corridor’s transportation capacity. This can take the form of additional expressway lanes, exclusive high occupancy vehicle lanes, the use of light rail and the use of mass transit. The cost of the study is expected to be $3.5 million. Of that, 80% will be paid by the federal government and 20% by the local jurisdictions. Based on the formula that has been used to distribute that cost among local jurisdictions, Springdale’s share would be $20,000. This amount can be paid in two lump sums, $10,000 in 1999 and $10,000 in 2000. As a result of our level of involvement, Springdale will be assigned two seats on the oversight committee. Earlier this month I distributed to Council a summary of how the seats were assigned. No one gets a great number of seats so we’re not going to be outvoted by Cincinnati or Hamilton County. I strongly urge Council to authorize our involvement in this corridor analysis. This will be a key study to help chart the future of this part of Ohio and I can’t emphasize enough how important it is. I think Springdale needs to be a part of this effort.
Mr. Galster said they are also studying I-275 in Springdale as well as Rt. 4.
Mr. Osborn replied yes, there are incidental cross sections that have to be incorporated into the analysis. I think one of the major ones will be the I-275/I-75 interchange. Perhaps you are looking at that spur that runs up to Fairfield. There is a fork that is being examined. We’re also going to be looking at the Fairfield/Hamilton area and some means of connecting them with the I-75 corridor.
Ms. Manis said O-K-I got accolades from everyone on the way the I-71 study was done. There aren’t a lot of people who do these studies correctly. We won’t always agree with what comes out of it but at least we’ll have some input into what goes into it.
ORDINANCE NO. 35-1999 "AN ORDINANCE REQUIRING THE DISSEMINATION OF MEAGAN’S LAW NOTICES CONCERNING SEXUAL PREDATORS AND HABITUAL SEX OFFENDERS AND DECLARING AN EMERGENCY"
Mr. Osborn said thank you, Council, for agreeing to consider this ordinance this evening. We are trying to adopt a local ordinance that extends the provisions of Ohio’s Meagan’s Law. In July 1997 Ohio legislature adopted Chapter 2950 which regulates the activities and puts certain responsibilities on individuals who have been adjudicated as sexual predators, habitual sex offenders or sexually oriented offenders. Again, as you may have heard in part in the ordinance, the current state law makes it the local county sheriff’s responsibility to provide notice when the state corrections program releases an individual from prison. The sheriff has seven days to give notice. There was a list of the agencies and persons notified enumerated in the ordinance. The one I did not hear on the ordinance was the victim. The victim of the person being released is also given notice. The one item I want to bring to your attention is the reference to immediate neighbors. Immediate has been determined to mean those people living directly next door. I think if there is a need to make notice, limiting that notice to just the adjacent neighbors doesn’t make good sense. As we look around we can see where other cities in Ohio have taken steps very much like what we’re proposing this evening. Locally, Forest Park, Sharonville and Reading have adopted ordinances just like or similar to the one before you this evening. We want to extend the notice provision of the state Meagan’s Law to a broader area. We are proposing that notice be given to the residences or businesses within a two-block radius of the residence of a person who has
been adjudicated as a sexual predator or sexual offender. The Police Chief feels strongly that this is a justifiable action on the part of the City. He points out to me that a person who has been adjudicated as sexual a predator, in fact, has a very critical criminal history and these people have been determined to be of such a personality that they are highly probable to repeat their illegal activity. The more closely they are monitored the lower the probability that there will be a reoccurrence. Based on his recommendations I join him in asking Council to consider adopting the ordinance this evening.
Ms. Manis asked how will the notices be delivered?
Mr. Osborn replied written notices will be delivered by hand by the Police Department.
Mr. Galster asked can a resident call to get a list of predators?
Mr. Osborn responded that the notice provision defines to whom we are going to release it but the document itself becomes public record, so if someone calls here to find out and we had such situations on record, we would disclose that to the person calling.
Mr. Knox asked if there are people already in the community who fit into this, will we automatically notify people or does it start from today only?
Mr. Osborn said it starts July 1, 1997. If we have people in the community convicted of similar crimes but they were released prior to July 1, 1997, they would not be subject to this law. A person who violates parole will go back to jail again. If they are released again after 1997 then they are subject to the law.
Ms. Manis asked if the specified sexual offenses are called out in Meagan’s Law and can I get a copy of it?
Mr. Osborn said I have a copy and there are definitions as to what constitutes the various categories.
Ordinance 35-1999 passed with 6 affirmative votes.
RESOLUTION R17-1999 "APPOINTING AS A MEMBER OF CHARTER REVISION"
No nominations – consider again at the next meeting
OLD BUSINESS - none
Mr. Vanover said I got a couple of calls this evening from people saying the fence going into Chamberlain Park off of Ledro needs to be painted. We have cited residents for much less than that so I can’t defend our stance.
Mr. Galster said with the construction going on at the Community Center a lot of people, including me, are taking our kids to the outlying parks. The only think I heard repeated a couple of times at Ross Park was how nice it would be to have a couple of benches for the parents to sit on while watching their kids.
Mayor Webster replied we’d be more than happy to do that but I can guarantee you that Mr. Burton and Mr. Meeks could tell you how many benches they have put in that park and how many benches they have pulled out of the creek. Usually when they pull them out of the creek they are not in one piece. The challenge is what can we put in there that will stay there.
Mr. Galster said how about a couple of chained down picnic tables. A lot of people are going to those areas now that the Community Center is not easily accessible.
Mr. Danbury said we have a request for a new liquor license for the Tri County Golf Center, 11200 Princeton Pike for a D-2 license, for wine and certain pre-packaged mixed drinks for on-premise consumption and in sealed containers for carry out until 1 a.m. Are there any objections?
Ms. Pollitt said I do not have a problem with the drinks being served on premise but I do have a problem with another carry out.
The consensus of Council was not to object.
MEETINGS AND ANNOUNCEMENTS - none
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Ordinance 34-1999 second reading - July 7
Resolution appointment to Charter - July 7
Resolution approving tax budget - July 7
RECAP OF LEGISLATIVE ITEMS REQUESTED
Resolution for speed limit on Crescentville Road - July 7
Mr. Vanover made a motion for Council to go into executive session as a committee of the whole to discuss possible real estate acquisition. Mr. Galster seconded. The motion passed with 6 affirmative votes.
Council went into executive session at 8:16 p.m. and adjourned at 9:00 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Randy Danbury, President of Council