President of Council Kathy McNear called Council to order on February 21, 2007 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 Danbury, Galster, Harlow, Squires, Vanover, Wilson and McNear.

    The minutes of February 7, 2007 were approved with six affirmative votes. Mr. Danbury abstained.

    COMMITTEE AND OFFICIAL REPORTS
    Civil Service Commission                     -     no report
Rules and Laws        -    no report
Public Relations        -    no report
Public Health, Safety & Welfare        -     no report
Public Works        -    no report
Public Utilities        -    no report

Mrs. McNear said I have a request for the board to look into the natural gas abrogation. I did speak with the Mayor about it last week.
   
Capital Improvements – Mr. Danbury said the Kemper Road Phase 3 construction was held up due to weather. We are looking at construction to begin in March and be completed in September. The construction for the SR4 ODOT paving north of Glensprings to south of Crescentville Road will be from March to July. The bid was $325,467, approximately $50,000 below ODOT’s estimate.

Finance Committee        -    no report    
Planning Commission        -    no report

Board of Zoning Appeals – Mr. Squires reported O’Reilly’s Auto Parts, 409 West Kemper, asked for a wall sign and maximum signage for more than they were allowed. The outbuilding in front obscures the building so the signage was allowed. The other portion of the building will have the same amount of signage and that was approved.

Mr. Galster asked will this pole sign be larger than the original Thriftway sign?

Mr. Squires replied it will occupy half of it and the sign frame will not be any larger.

Board of Health – Mrs. Harlow stated we reviewed the 2007 budget and the 2006 annual report. We had the first reading of the regulation establishing swimming pool fees. The board passed a resolution finding outdoor wood fired boilers are hazardous to health. The board wanted to go on record asking that Council consider the ordinance because of the health issues related to the wood fired boilers.
   
Veteran’s Memorial Committee - Mr. Wilson said Ordinance 12 is on the agenda tonight. It will get us started in getting the groundbreaking for the veteran’s memorial and hopefully we will have it completed by Veteran’s Day in November. Breaking ground and putting something in should help us with contributions because our sponsors can see something physical.

O-K-I – Mr. Knox said in the past I had talked about the State trying to take over all decisions on sand and gravel pits in the state. That bill was defeated and it is highly unlikely that it will come back.
   
Mayor’s Report        -    no report   

Clerk of Council/Finance Director – Mr. Knox showed the Certificate of Achievement for Financial Reporting that was received by the Finance Department. Mr. Knox stated that, because of Mr. William’s hard work, we get one every year.
   
Administrator’s Report – Mr. Parham said for the February 13 storm we used 433.8 tons of salt and 1,181 gallons of calcium. The total cost for that storm including salaries was $28,028. Our total cost for snow removal thus far is $69,025.
   
Law Director’s Report        -     no report
Engineer’s Report        -    no report

    COMMUNICATIONS

    Mr. Knox stated we have one communication from Time Warner Ohio. It says “our agreements with programmers to carry their services routinely expire from time to time. We are usually able to obtain renewals or extensions of such agreements and carriage of programming services is discontinued only in rare circumstances. Our extension agreements with the following networks currently available on demand on digital cable are due to expire and we are required to cease carriage of them as of 2/19.” The ones they are talking about are Fine Living on Demand, Food Network TV on Demand, GAC on Demand, and HGTV on Demand, and Disney on Demand.

    COMMUNICATIONS FROM THE AUDIENCE -    none

    ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 8-2007 “AMENDING SECTIONS 155.011 AND 155.094 OF THE SPRINGDALE CODIFIED ORDINANCES REGARDING OUTDOOR WOOD FIRED BOILERS”

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

Mr. Danbury stated this came about from a phone call from resident Shirley Sharkey. I encourage anyone who has any ideas on something to come to Council or contact an elected official. This is basically from her efforts.

Ordinance 8-2007 passed with seven affirmative votes.

ORDINANCE NO. 9-2007 “ADOPTING SECTION 32.21 OF THE SPRINGDALE CODIFIED ORDINANCES PROVIDING FOR A SICK LEAVE DONATION PROGRAM”

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

Ordinance 9-2007 passed with seven affirmative votes.

ORDINANCE NO. 10-2007 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT TO PURCHASE TEMPORARY AND PERMANENT ROADWAY EASEMENTS LOCATED ON A SECTION OF KEMPER ROAD FOR THE REQUIRED RIGHT-OF-WAY FOR THE KEMPER ROAD PHASE 3 IMPROVEMENT PROJECT AND DECLARING AN EMERGENCY (CARLSON)”

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

Mr. Parham stated this ordinance was removed from the agenda on February 7th. At that time we had reached in spirit an agreement with Mr. Carlson; however, after further research we found there were a number of liens on this property, one to the Federal Government, one to the State of Ohio and one to Hamilton County. We have had some discussions with each of those levels of government trying to reach some agreement as to either waiving their liens or finding some other means of moving beyond this process. Ordinance 14-2007 is a parallel ordinance to this one. Ordinance 10-2007 is to purchase the property from Mr. Carlson in hopes that we are able to work something out with each of those governments. Ordinance 14-2007 is, in case for some reason there is a renege on the part of the other party, that we begin to move into the arena of a quick take of that property for the continuation of the construction of East Kemper Road.

Ordinance 10-2007 passed with seven affirmative votes.

ORDINANCE NO. 12-2007 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH CDS ASSOCIATES, INC., FOR ARCHITECTURAL, DESIGN, ENGINEERING, GEOTECHNICAL AND BIDDING SERVICES FOR THE SPRINGDALE VETERANS’ MEMORIAL PROJECT AND DECLARING AN EMERGENCY”

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

Ordinance 12-2007 passed with seven affirmative votes.

ORDINANCE NO. 13-2007 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH CDS ASSOCIATES, INC., TO PROCEED WITH DESIGN AND ENVIRONMENTAL SERVICES FOR COMPLETION OF STAGE 3 THROUGH THE FINAL PLAN SUBMITTAL TO ODOT ON THE STATE ROUTE 4/GLENSPRINGS DRIVE/I-275 IMPROVEMENTS PROJECT AND DECLARING AN EMERGENCY”

Mr. Vanover made a motion to adopt and Mrs. Harlow seconded.

Ordinance 13-2007 passed with seven affirmative votes.

ORDINANCE NO. 14-2007 “DECLARING THE NECESSITY AND INTENTION TO APPROPRIATE PROPERTY FOR THE KEMPER ROAD PHASE 3 IMPROVEMENT PROJECT AND DECLARING AN EMERGENCY (CARLSON)”

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

    Mr. Schneider said I’d like to ask for an amendment in two locations; in Section 3, change resolution to ordinance; and make the same correction in Section 5. The code to allows this to be by ordinance or resolution but we must be consistent.

    Mr. Vanover made a motion to amend and Mr. Galster seconded. The amendment passed with seven affirmative votes.

    Mr. Galster said it’s my understanding that the owner has negotiated prices that are satisfactory to him according to Ordinance 10-2007 and this is just if that doesn’t go through for some reason. It’s not like they haven’t tried to cooperate.

    Mr. Schneider replied Mr. Carlson has been cooperative with the City and has indicated that he would settle for the amount of our appraised value. At one point he indicated that he wanted $10,000 more if we didn’t give him that money right away and not pay out on any of the liens. After discussions he agreed to let the $6,220 be paid to the IRS on some liens there. We talked to the IRS representative and they are willing to assure release as long as they get all the money. Since we discussed these things we thought it was prudent to run parallel tracks here because we’re up against a timeframe of the middle of March to try to deliver the property. If we get it by deed that also involves getting the State of Ohio Jobs and Family Services and Worker’s Comp to not take anything and release their liens. Our first response back from the Attorney General for the State of Ohio said they would release it if they get $40,000. We’re in the process of negotiating. Administration is going to get in touch with State Representative Jim Raussen to turn some things for us because it is a state project as well as ours. We hope to get that done, but if not, we proceed to take, submit our appraisal, take the property and let a jury decide what the true value is, and let the individuals decide who’s going to get how much or let a judge or jury tell them how much.

    Mr. Danbury asked how long do think this will take to resolve because we are supposed to start construction in March?

    Mr. Schneider replied we are aiming for a March 19 date to get this delivered. We think we can do that with the take if we have to.

    Mr. Danbury asked Mr. Shvegzda, do you think this will hold up the project at all?

    Mr. Shvegzda responded the March 19 date is the day they intended to begin the work for the bridge widening.

    Mr. Knox said this is for the piers for the bridge and if the bridge doesn’t get wider the whole project is in jeopardy.

    Mr. Parham stated we have placed a call to Mr. Raussen. Mr. Osborn left him a message indicating what our concerns are and some idea of what we are dealing with. We are waiting for a response back.

    Ordinance 14-2007 passed with seven affirmative votes.

OLD BUSINESS                     -         none

    NEW BUSINESS

    Mr. Vanover said we got a questionnaire from David Pepper, Hamilton County Commissioners, about what are our main priorities, goals for our jurisdiction, biggest challenges, etc. and how best can Hamilton County Commissioners help in achieving these goals. Several of us talked about it and thought it would be more apropos that we respond to this as a body rather than as individuals.

    Mrs. McNear said we’ll give that to Mr. Parham or Mr. Osborn so they can accumulate a list of items we would like to have included. We should probably have this turned in by the next meeting.

    Mr. Knox said we have a new liquor license request from B. J. Roosters Restaurant who is moving into the Bob Evans building. There were no objections.

    Mr. Danbury stated I contacted the Cincinnati Reds about having a Springdale night and I’m getting some information. They are looking to sell tickets at a discount. I think it would be interesting for our residents to go down.

    MEETINGS AND ANNOUNCEMENTS
   
Board of Zoning Appeals                 -         March 20
Planning Commission                     -         February 22
SYB Horse Races                     -         February 24

COMMUNICATIONS FROM THE AUDIENCE    -          none

UPDATE ON LEGISLATION STILL IN DEVELOPMENT -         none

RECAP OF LEGISLATIVE ITEMS REQUESTED    -         none

Council adjourned at 7:58 p.m.

                        Respectfully submitted,




                        Edward F. Knox
                        Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council



__________________________, 2007



       

City of Springdale Council



    February 21    2007