President of Council Randy Danbury called Council to order on May 19, 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 McNear, Pollitt, Vanover, Wilson and Danbury. Mr. Galster and Ms. Manis were absent.
The minutes of May 5, 1999 were approved with 5 affirmative votes.
RESOLUTION R10-1999 "COMMENDING JIM YOUNG FOR HIS SERVICE TO THE CITY OF SPRINGDALE"
Mr. Wilson made a motion to adopt and Mr. Vanover seconded. Resolution R10-1999 passed with 5 affmative votes.
Mayor Webster said the City is the real loser when we lose citizens like Jim and Pam. Iíve seen Jim grow up in the City and become a fine young citizen, a fine father and husband. We hate to see you go. Even though the resolution doesnít mention it, Jim served on BZA prior to serving on Planning Commission.
Mr. Wilson, Mr. Vanover, Mrs. McNear, Ms. Pollitt and Mr. Danbury expressed their appreciation and thanks to Mr. Young.
COMMITTEE AND OFFICIAL REPORTS
RULES AND LAWS - no report
PUBLIC RELATIONS Ė Mrs. McNear said that Hoxworth Blood Center is in desperate need of blood donors. You can make an appointment by calling 451-0910 or 800-830-1091.
PUBLIC HEALTH, SAFETY AND WELFARE - no report
PUBLIC WORKS Ė Mr. Vanover stated the bid opening for the street improvement projects was held May 18. We budgeted the total program at $717,000 and the bid came in at $716,000. We solicit your support for Ordinances 29 and 30 tonight.
PUBLIC UTILITIES - no report
CAPITAL IMPROVEMENTS - no report
FINANCE COMMITTEE - no report
PLANNING COMMISSION Ė Mr. Vanover reported that the Recker and Boerger expansion was denied and two other items were tabled.
BOARD OF ZONING APPEALS Ė Mrs. McNear said Irvin Ziegler, 870 Cedarhill Drive, wanted to construct a 16í x 34í shed on his property. There was a lot of discussion and Mr. Ziegler asked to have the request withdrawn.
Ms. Toni MacAfee, 11831 Glenfalls Court, requested a variance to operate a day care center at 740 West Kemper. She didnít have a legal document allowing her to be the agent dealing with this issue and she withdrew.
BOARD OF HEALTH Ė Ms. Pollitt stated that Resolution R1-1999, allowing pool and spa closures, was passed. Also, Springdale has joined forces with other communities and Channel 12 and will be part of the "Educate and Inoculate" program.
CIVIL SERVICE COMMISSION - no report
MAYORíS REPORT - Mayor Webster reported that the Police Department had their 5K run on May 16. Landscaping award nominations will be accepted through June 18. The winners will be announced at the July 7 meeting and awards presented July 21.
Mayor Webster welcomed the Macedonian Living Word congregation who will be moving into the former Pentecostal Church at Walnut and Kemper Road.
Mayor Webster asked for a resolution honoring the Springdale students who received honorable mention at the 1999 National Entrepreneur Invention Society Competition in Kansas City, Missouri in April.
CLERK OF COUNCIL/FINANCE DIRECTORíS REPORT - no report
ADMINISTRATORíS REPORT Ė Mr. Osborn said I have a status report on Hunterís Glen. Chief Laage and the CAP officer for that area, Lynn McKee, met with the new manager on Friday, May 14. Unfortunately, we have not seen a lot of progress on some of the issues that we had hoped they would undertake. They are doing background checks. We organized a crime watch meeting there on November 17. We had offered to follow up with quarterly crime watch program meetings. The manager at that time said they would prefer to take it over as part of a resident awareness program. It never happened. The manager departed last winter and as a result, these quarterly meetings never occurred. Again, the Police Chief has advised them that the Police Department would be willing to organize and lead quarterly meetings on the crime watch program. Another strong recommendation made to them is private security and that has not been done. We are going to look at the entire facility and make recommendations to them to make improvements in lighting that might be appropriate to improved safety. A parking sticker program for residents is about 50% implemented. The year to date figures are a little higher than the same period last year for total details but the violent offenses have shown a decline. Chief Laage feels itís too early to predict a trend because most of those offenses occur later in the year when there is better weather and more outside activity.
There were some concerns about the indemnification language in the PCS agreement. Those issues have been resolved to the satisfaction of the Law Directorís office. The primary concern was that the intentional act of the consultant was not indemnified. It is now fully indemnified. Any unintentional act is indemnified but to the limit that the consultant will repair or replace any damaged equipment or material. If thatís not satisfactory to the City liquidated damages would be up to and equal to the last quarterly payment under the contract.
Mr. Osborn said at the next Council meeting I would like to ask Council to consider an ordinance authorizing the Cityís continuing participation in the Hamilton County Community Development Block Grant Program. We have participated in the program since its inception in 1974. We have had a number of items funded. We probably wonít be as successful as other communities might be because the projects have a very limited scope as to the intent behind the program. Itís specifically directed to meeting certain goals such as benefiting low and moderate income people, stimulating community revitalization in areas experiencing stagnation and preserving properties for historic or aesthetic reasons. The last project we had funded under this program was the first phase of the West Kemper Road storm sewer project.
Mr. Osborn reported that in the last election there were two errors that lead to confusion and the misdirection of people to precincts that they should not have been directed to. An error on the part of the Board of Elections moved several streets in the Knolls Condominiums to a different voting precinct. The Board will be reassigning them back to their original precinct.
The other item related to Maple Knollís expansion out of one councilmatic district into another. As a result, the Board of Elections concluded that because that portion of Maple Knoll is in a separate district, those residents could not vote at Maple Knoll. A precinct cannot span a councilmatic border. Their solution is to create a new precinct that would be in District 4 but vote at Maple Knoll. They have to solicit legal opinion and
verify the size of the precinct but the intent is to follow the solution Mr. Danbury suggested.
At the next meeting there will be a couple of resolutions authorizing an application for bike lanes under TEA-21 (Transportation Equity Act for the 21st Century). We have two bike lane projects scheduled for the year 2000. One project would be Kemper Road from S.R. 4 to Kenn Road involving bike lanes and is a potential joint application with Forest Park. The estimated total cost for work in Springdale is $400,000. Our local share would be $80,000. The second project is Sharon Road from S.R. 4 to Ballinger. This is a bikeway on the south side of Sharon Road in the available right-of-way. The estimated cost for the bikeway is $100,000 and our local share would be $20,000.
We reported at the last Council meeting that the early warning siren at the Fire House was not operating properly and did not go off on the first Wednesday of the month. It was tested again and it did function. We still think the problem is in the control system but the siren is old and doesnít have the decibel level that we would like to have generated from that location. We have acquired the new specifications from the Hamilton County Emergency Management Agency and are in the process of acquiring a new siren.
Mayor Webster said Chief Posega has put in place a procedure to manually activate the siren until it is replaced.
Mr. Parham reported we have participated in the MRVMA program for the past six years where we participate in the group rating process and save about 20% each year. I have requested legislation for the June 2 meeting to continue that participation.
Mayor Webster asked why bike paths are as expensive as they are.
Mr. Shuler replied if we were putting down a bike path with our own money and doing it any way we want we could probably scrape the sod off, put down some aggregate and asphalt over it. Even when we have used our own money at the Community Center, we wanted that to be of sufficient strength to be able to handle maintenance vehicles so it was over-designed for walking and bicycles but it did fit the dual purpose. The reason these projects are so expensive is when you use federal money you have to design and build to their standards.
Mr. Osborn said I wanted to add something to the bikeway issue. I think we have to think about the size of the project also. As Mr. Shuler indicated, we are building these bike lanes and bikeways to federal specifications, not only how they are related to the road but how wide and thick they are. From a practical standpoint a bike lane will have a little more cost because a bikeway that is independent of the road is ten feet wide. It also doesnít have to be as heavy duty because it is not built to routinely accommodate vehicular traffic. With the bike lane you have a lane on each side of the road with five feet of pavement and three feet of a boundary area between the bike lane and the travel lane. Thatís an eight foot width on both sides so itís sixteen feet. Not only is it wider, it will be thicker because it is the berm of the road so these bike lanes will have to be built to the same specifications in terms of thickness as our streets do. In this case the project we are talking about is the equivalent of a road over a mile long, sixteen feet wide. I think thatís why the numbers get up there.
LAW DIRECTORíS REPORT Ė Mr. Schneider requested an executive session for pending litigation.
ENGINEERíS REPORT Ė Mr. Shuler said the Phase II Kemper Road storm sewer project is under contract and we are waiting for Forest Park to complete their work on the south side of the road before we start on the north side. We anticipate starting the middle of June and it should be completed by October. We opened bids yesterday on the ball field lighting and will bring in legislation at the next meeting.
Mr. Vanover asked about the lighting service to the ball fields.
Mr. Parham replied a couple of weeks ago the power was hit. We have shut down the power because everything out there is direct buried and we had to shut the power down to allow the contractor to continue to dig without endangering lives. That power will be down until the transformer is up. We are shooting for a June 14 date which is when the pool will be fully functional and swim lessons will begin.
COMMUNICATIONS - none
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 28-1999 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH JEFFREY ALLEN CORPORATION FOR THE CHAMBERLAIN PARK PEDESTRIAN BRIDGE REPAIR PROJECT AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mrs. McNear seconded. Ordinance 28-1999 passed with 5 affirmative votes.
ORDINANCE NO. 29-1999 "ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH TERRY CONSTRUCTION FOR THE 1999 CRACK SEAL PROGRAM AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mrs.McNear seconded. Ordinance 29-1999 passed with 5 affirmative votes.
ORDINANCE NO. 30-1999 "ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH L. P. CAVETT CO. FOR THE 1999 STREET RESURFACING PROGRAM AND DECLARING AN EMERGENCY"
Mr. Wilson made a motion to adopt and Ms. Pollitt seconded.
Mr. Danbury said we have laid out the summer street program and resurfacing program over the next couple of year. Would it be possible to get a price break if we obligated ourselves to a certain contractor?
Mr. Shuler replied there are advantages and disadvantages. The advantage is that you are dealing with a larger quantity. We got very good bids this year because Public Works Committee has chosen to concentrate one year on concrete work and then this year we have very large asphalt resurfacing. The down side is that if we tried to bid this yearís work and next yearís work at the same time, the contractor would probably not be willing to give a price now for work that wonít be done for a year. Heíll do it but he would put a fudge factor on that to protect himself for oil prices or labor costs that may shift over time.
Ordinance 30-1999 passed with 5 affirmative votes.
RESOLUTION R7-1999 "CONFIRMING THE MAYORíS APPOINTMENT OF DR. KEVIN KETRING AS A MEMBER OF THE BOARD OF HEALTH"
Ms. Pollitt made a motion to adopt and Mr. Vanover seconded. Resolution R7-1999 passed with 5 affirmative votes.
RESOLUTION R8-1999 "CONFIRMING THE MAYORíS APPOINTMENT OF RITA HART AS A MEMBER OF THE BOARD OF HEALTH"
Mrs. McNear made a motion to adopt and Mr. Wilson seconded. Resolution R8-1999 passed with 5 affirmative votes.
RESOLUTION R9-1999 "COMMENDING ROBERT SEAMAN FOR HIS SERVICE TO THE CITY OF SPRINGDALE"
Mrs. McNear made a motion to adopt and Mr. Vanover seconded.
Mr. Danbury said I would like to thank him for his time and effort. He is a past member of Council. He has moved out of the City and I wish him the best.
Mr. Wilson said he always came prepared and did an outstanding job. Heís the kind of resident/public servant we look for for appointments.
Mayor Webster said we hate to see people like Robert Seaman move out of the City. We wish him well in future endeavors and thank him for his contributions.
Resolution R9-1999 passed with 5 affirmative votes.
Mr. Danbury opened up nominations to replace Bob Seaman on Planning Commission.
Mrs. McNear said I would like to nominate Dave Whitaker of 687 Cloverdale Avenue. He is a 14 year resident and has two children. He is a local builder and has 20 years construction experience. He has been involved with land development with sewers, streets, curbs, walkways, house and building setbacks, placements and elevations. He does residential and commercial, new and renovations. He has been on the Board of Zoning Appeals since December 1997. Dave has a personal and technical expertise that a lot of people donít have when they come to our boards and I think Dave would be an excellent candidate for Planning.
There were no other nominations.
RESOLUTION R11-1999 "APPOINTING DAVE WHITAKER TO PLANNING COMMISSION FOR THE TERM ENDING 11/30/99"
Mrs. McNear made a motion to adopt and Ms. Pollitt seconded. Resolution R11-1999 passed with 5 affirmative votes.
Mr. Danbury said Council now needs a nomination and resolution for Councilís appointment to Board of Zoning Appeals.
Mrs. McNear asked for an update on Kemper Road.
Mr. Shuler responded they had been after Waterworks to exert pressure on their contractor to get this done. The City has no control over the situation. They are making the final connections and itís scheduled to be completed Friday.
NEW BUSINESS - none
MEETINGS AND ANNOUNCEMENTS - none
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Ordinance -Lighting fixtures at Community Center - June 2
Ordinance for MVRMAís group rating program - June 2
Ordinance for Block Grant Program - June 2
Two Resolutions on bike paths - June 2
RECAP OF LEGISLATIVE ITEMS REQUESTED
Resolution honoring Springdale student inventors - June 2
Resolution for appointment to Planning Commission June 2
Resolution for Council appointment to BZA - June 2
Mr. Vanover made a motion for Council to go into an executive session as a committee of the whole to discuss possible litigation and real estate acquisition. Mrs. McNear seconded. The motion was approved with 5 affirmative votes.
Council went into executive session at 8:22 p.m. and adjourned at 9:10 p.m. Mr. Galster arrived at 8:35 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Randy Danbury, President of Council