President of Council Marjorie Harlow called Council to order on February 20, 2008, at 7:00 p.m.

    The governmental body and those in attendance recited the pledge of allegiance. Mrs. McNear gave the invocation.

    Mrs. McNear took roll call. Present were Council members Danbury, Diehl, Galster, Squires, Vanover, Wilson and Harlow,

    The minutes of February 6, 2008 were approved with five affirmative votes. Mr. Wilson and Mrs. Harlow abstained.

    COMMITTEE AND OFFICIAL REPORTS
    Charter Revision –Ms. Matheny stated they met January 28. James Bush was elected chairperson; Julie Matheny, vice-chairperson, and Ernest Jackson, secretary.

Civil Service Commission – Mr. Potts said there is an open position for a property maintenance inspector and there will be testing for that this coming Saturday. There is also an opening for a full-time public health sanitarian. Applications are being accepted and testing has been waived.

Rules and Laws    -        no report    
Finance Committee    -        no report

Planning Commission – Mr. Galster reported the first item was the final PUD plan for Renaissance North project, which is the Crossings at the Park Phase II. Glen Shepherd gave a presentation on an assisted and independent living facility. It was approved 7-0. The next item was a fašade change at Staples, 12050 Princeton Pike. The applicant was proposing to paint white the blackened out windows. Once again, Planning Commission had the same objections. The black windows make the store look like it is closed and Planning has offered some alternatives for what they can do but to date we haven’t seen anything new presented from the applicant or the Perrins. What was submitted at this meeting was denied 7-0. A Zoning Code amendment was approved and a motion was made to move that onto City Council for consideration.
   
Board of Zoning Appeals – Mr. Danbury said Mr. Okum was elected chairman; Mr. Weidlich, vice-chair and Mrs. Huber, secretary. An applicant from 507 Dimmick had erected a structure that he calls passive solar heat. This is a six foot by eighteen foot by 7 foot high box covered by black plastic. He said this was to make heat to pipe into his garage. It was determined that this is an eyesore and denied 7-0. Kerry Mitsubishi asked for a variance for an eighty foot sign at 150 Northland Boulevard. Since they purchased Walker Pontiac they are switching dealerships. The variance originally granted goes with the property, not with the sign. They wanted to move the sign and put up another sign where Walker GMC was. The variance for an eighty foot sign at 155 Kemper was approved as long as they removed a $9999 sign.

Mr. Galster asked how tall is the $999 sign? Mr. Danbury replied 22 feet. Mr. Danbury said they reduced the height of the sign from thirty feet to twenty-two feet.

    Mr. Galster said they took down a 22 foot sign and now they have variances for 80 foot signs on both pieces of property.

    Mr. Diehl replied there were two signs on the used car lot. One is leaving so the total number of signs on the total property remains the same.
   
Board of Health – Mr. Squires reported the board conducted an administrative review of a business that was recently fined $100 for violating the non-smoking ban in public places. The defendant was not represented by an attorney so the hearing was continued until March 13. The Board of Health is promoting a Six Star Honor Award that the proprietor of a restaurant can display prominently in the restaurant so customers can feel they are in a very clean and professionally run organization. The Health Department has received a grant up to $3000 to promote a tobacco free workplace. The Health Department will partner with Jewish Hospital to host a mammography van at the Community Center on July 29. The Children’s Health Fair will be held at the Springdale Community Center on April 3.

Veteran’s Memorial Committee – Mr. Wilson reported we have a check for nine pavers that was submitted by Mrs. Harlow this evening. I understand there were more checks for pavers at the last meeting but I don’t have a count.

O-K-I     -        no report    
Mayor’s Report    -        no report
Clerk of Council/Finance Director    -         no report
Administrator’s Report    -         no report
Law Director’s Report    -         no report

Engineer’s Report -Don Shvegzda stated construction on the SR 4 improvements at Crescentville is slated to begin in the summer of 2008. The Kemper Road Phase III project is basically complete with a follow up inspection in March. CSX will conduct their inspection in April. The back of the Veteran’s Memorial Wall has been poured and the fountain wall construction is scheduled to begin. Construction is anticipated to be complete in September 2008. The supplier/carrier for the Fire Department hvac has been giving training on the control systems. The plan design for SR 4 southbound lane addition at I-275 is underway.

Mr. Wilson asked will the concrete for the Veteran’s Memorial being poured in less than 32oF weather hold as well as that being poured in warmer weather?

Mr. Shvegzda replied they set covers over the wall and heated it so it remained above freezing during the curing.   

    COMMUNICATIONS

    Mrs. McNear stated there was one communication from Mr. Wilson thanking Council and Administration for the flowers sent in honor of his father’s passing.

    COMMUNICATIONS FROM THE AUDIENCE -    none

    ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 12-2008 “AUTHORIZING THE CLERK OF COUNCIL/FINANCE DIRECTOR TO ESTABLISH THE LAW ENFORCEMENT TRAINING FUND AND DECLARING AN EMERGENCY”

Mr. Squires made a motion to adopt and Mr. Vanover seconded.

Mr. Parham said this fund will track dollars that we receive back from the State of Ohio. It is a program that hopefully will be an annual program. Fortunately this year the State was able to find dollars through the Victims of Crimes Program, which is overseen by the Attorney General’s Office. We have to send all of our officers through training. Five hours of that training is on-line and the other three hours can be just about anything as long as we can justify the training. Our officers try to average about a hundred hours of training a year. After participating in that program we then submit our expenses to the State and they will reimburse us $20 per hour per employee. In 2007 we sent forty-three officers through the training which includes our thirty-eight full-time and additional part-time officers. We received $6,880 in reimbursements. Those dollars will be deposited in this fund and they can only be used for training purposes. The hope is that the Attorney General will find funding in the future. There is push towards requiring that all law enforcement officials go through continuing education, and at some point the State may make this a mandatory training opportunity. However, the funding may not be available.

Ordinance 12-2008 passed with seven affirmative votes.

ORDINANCE NO. 13-2008 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT TO SELL THE CITY OF SPRINGDALE’S PROPERTY AT 12065 GREENCASTLE TO SEAN AND BARBARA TEAGUE AND DECLARING AN EMERGENCY”

Mr. Vanover made a motion to adopt and Mr. Wilson seconded.

Mr. Parham said Exhibit A, the contract to purchase, was provided to you earlier.

Mr. Jeff Tulloch stated I passed out two documents, Exhibit A and some project information regarding the proposed residents. A request for proposal was advertised in January. Ten packages were picked up and three were returned with specific proposals. Only one proposal was deemed to meet the parameters of the City. The first parameter was design. We wanted a residence constructed on the site that would be in keeping with the neighborhood. There were size requirements and configuration requirements. It was also important that it be an owner occupied structure. In this case it is an owner proposing the construction of the residence by a builder and the price offer met the City’s requirements. The recommendation is for this ordinance to pass allowing for the sale of the property to Barbara and Sean Teague. Mr. Teague is here with us tonight.

Mr. Wilson said there are three different houses on the schematic.

Mr. Tulloch said the middle one is the one.

Mr. Wilson asked will the home be mostly brick?

Mr. Tulloch replied the entire fašade is brick and I think the two sides are brick. Mr. Teague stated the lower level will be all brick.

Mr. Danbury asked are you going to grade it out a little?

Mr. Teague responded they are going to grade it a little bit.

Mr. Galster said I think it is important to note that the construction must begin within six months after closing and be completed and twelve months after closing.

Ordinance 13-2008 passed with seven affirmative votes.

NOMINATIONS FOR CHARTER REVISION

Mr. Vanover nominated Sharon Conrad, 12181 Audie Court. She is a lifelong resident of Springdale, has a bachelor’s degree from Xavier and is past president of The Holy Family Catholic Home Educators.

Mr. Galster nominated Ed Knox. Most folks outside the City Administration don’t realize the amount of time and effort that Mr. Knox has taken to assure that the City’s Charter be brought in line with the way the City currently operates. During the first year in office he noted that the Charter written over four decades ago was a very workable document; however, there were several places where growth and technology had made portions of the Charter outdated. He compiled a list of suggested changes that employed the minimal wording that would comply with the current practices. All of the suggested changes complied with the requirements of the Ohio Revised Code. At this request the Charter Revision Committee met and he presented his suggestions. The changes were discussed and he was told that they would be taken under advisement. After a very long time he tried to contact the committee chairperson but to no avail. During this period of time the City Administrator added another item to the Charter that he feels needed changed. Then a gentleman sent by the State Auditor advised to inspect the handling of City records. After looking at the City Charter and Mr. Knox’s suggested changes, he said the changes should be made as soon as possible. The Council President with the assistance of Mr. Knox continued for several more months to get the committee to meet. The meeting finally took place last November. Since then a new chairperson has been elected and the committee is ready to meet as soon as the fifth member is elected. Given his knowledge of the City Charter and the work that he has done on behalf of the City I believe there is no one more qualified to become a member of the Charter Revision.

Mr. Squires said we have two excellent candidates. Mr. Knox held the seat now held my Mrs. McNear for quite a number of years. I have known Sharon Conrad for a number of years. Her father served with me on Board of Zoning Appeals. Sharon is a friend of my children and they are both excellent candidates.

Mr. Wilson stated sitting next to Mr. Knox for twelve years and seeing him work and seeing the changes and suggestions he’s made while being Clerk of Council and his dedication to the City, I feel he is by far the best candidate that we have at this time.

Mr. Knox won the nomination with a 4-3 vote.

RESOLUTION R5-2008 “APPOINTING ED KNOX AS A MEMBER OF THE BOARD OF CHARTER REVISION, REPLACING CHUCK McCAULEY”

Mr. Vanover made a motion to adopt and Mr. Galster seconded.

Resolution R5-2008 passed with seven affirmative votes.

OLD BUSINESS

Mr. Galster reported the Housing Board met February 13th. The majority of the discussion was on the licensing of rental property. It was determined that single family rental property would be done first, then multi-family. A draft was completed and is being passed out to Council. We anticipate legislation coming forth on March 19th with a second reading on April 2nd. Any residential rental property will need a license to be renewed each year at $50 per house. It needs to be inspected between the second and third year. If there is a change of occupancy, there may an additional inspection.

Mrs. Harlow said it would be the owner of the property applying for the license.

Mr. Galster responded that is correct.

Mr. Vanover asked is the inspection done by our Building Department?

Mr. Galster replied yes, a new position will be available soon to do these inspections as well as the overflow we have presently.

Mrs. Harlow asked what if they do find a violation? How will they mandate that this happens?

Mr. Galster replied they will be told that they are in violation and given a certain amount of time to get the violation fixed. Certain minor violations could allow for a conditional permit. Otherwise, they will need to get it fixed before they can obtain occupancy. Any failure to comply can result in a fourth degree misdemeanor with each day considered a separate violation. This will allow us to get the name and address of the property owner and also make sure that the property is kept up to date as to the Property Maintenance Code and will allow us inspections to measure square footage of sleeping areas so we can deal with the issue of maximum occupancy..

Mrs. Harlow asked should this committee report be moved up to the other committee reports?

Mr. Galster replied the committee is pretty firm with Mr. Squires, Mr. Diehl and me. We have met twice and the occupancy ordinance was brought forward. Now we have this issue. We are also looking a resident’s handbook that new residents will get.

Mrs. Harlow said I’d like to see that moved up. I think this will send a strong message to people who do rent out their property that we are very serious about property maintenance and that we want the housing stock in Springdale to remain good housing stock.

Mr. Vanover said currently our Building Department cannot do electrical inspections. Are they going to get a citation from the Building Department and refer it to IBI? How will we handle that?

Mr. Galster responded a lot of details have to be worked out but I don’t anticipate that the inspector will go in and take off switch plate covers to check wiring. It will be more of a visual inspection.

Mr. Parham said in January I asked for a motion to extend the fact finding agreement with the patrol officers. Our current extension agreement will expire at the end of this month. We have not reached a settlement with the officers. We may have to schedule a fact finding hearing. I’d like to ask for an additional extension until May 31, 2008. There really aren’t a lot of issues remaining but we can’t seem to reach a common accord.

Mr. Squires made a motion to extend the fact finding and Mr. Galster seconded. The motion passed with seven affirmative votes.

Mr. Parham said I’d like to remind you to make reservations for the Employee Celebration.

Mr. Parham said Mr. Galster has had an opportunity to speak with Mr. Okum about the need to have two individuals on the Regional Planning Commission. We really only need to pay $1809 for Mr. Galster to be on the commission.

    NEW BUSINESS                         -     none

    MEETINGS AND ANNOUNCEMENTS

    Youth Booster horse races/Monte Carlo             -     February 23
    Lions Club pancake breakfast                 -     March 15
    Board of Zoning Appeals                     -     March 18
    Springdale Day at the Reds                     -     April 19
    Opening Day parade                         -     April 26

    Mr. Galster said there will be a joint Planning Commission/Council meeting on March 11. Planning Commission will meet at 7:00 p.m. After the docket is cleared we will watch a presentation on the retail/redevelopment project.
   
COMMUNICATIONS FROM THE AUDIENCE        -      none

UPDATE ON LEGISLATION STILL IN DEVELOPMENT    -    none

RECAP OF LEGISLATIVE ITEMS REQUESTED        -     none

Council adjourned at 8:01 p.m.

                        Respectfully submitted,




                        Kathy McNear
                        Clerk of Council/Finance Director

Minutes Approved:
Marjorie Harlow, President of Council



__________________________, 2007



       

City of Springdale Council



    February 20    2008