President of Council Marjorie Harlow called Council to order on April 20, 2011 , 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 Diehl, Emerson, Galster, Hawkins, Squires, Vanover and Harlow.

    The minutes of April 6, 2011 were approved with six affirmative votes. Mrs. Harlow abstained.

    COMMITTEE AND OFFICIAL REPORTS

    Civil Service Commission                      -     no report

Rules and Laws - Mr. Hawkins stated the committee discussed the idea of defining Council members’ roles and also discussed what sanctions for rule infractions may take place. At this time the committee has no recommendation of action.

Finance Committee – Mr. Diehl said Mrs. McNear gave us an outlook of what cuts are going to be made from the State of Ohio and she will go into more detail in her report.

Planning Commission - Mr. Galster reported the first item was a minor modification for the PUD for Full Throttle Karting, 11725 Commons Drive. There was a lot of discussion about ventilation and signage. It was approved 7-0. Citi Trends at Princeton Plaza, 455 East Kemper Road requested elevation changes. They wanted to change the fašade by adding a hump for their sign. The motion to approve failed 1-6. Five Guys Burgers requested exterior finish changes at 810 Kemper Commons Drive that was approved 7-0. The Springdale Farmers Market requested minor changes to the PUD at 11550 Springfield Pike. That was approved 7-0.

Mrs. Harlow asked how many parking spaces at Five Guys and are they gutting the building.

Mr. Galster replied there are 50 to 60 spaces and they will not have a drive thru. There will be kitchen changes.

Mr. Diehl asked are the go carts electric or gas? What about ventilation?

Mr. Galster responded they are gas. There is a container truck that gets fuel and brings it to them. There is a complete ventilation system. They will be replacing the air twice as often as they are required.
   
Board of Zoning Appeals –Mr. Hawkins said the owner at 207 Harter Avenue was granted a variance to eliminate the garage.
   
Board of Health – Mr. Squires reported that the Cincinnati Health Department Laboratory has closed. It will cost Springdale two to three times more to have those samples done elsewhere. New pool fees were approved. The flu clinic for this year is in planning and a new diabetes management class will be starting soon. There were seven recipients of the 6 Star Honor Award for food service operations. They are Manor House and Beecher Place at Maple Knoll, Ponderosa, Red Squirrel, Chick-Fil-A, Jimmy Johns and Windows on the Green.
   
O-K-I        -    no report    

Mayor’s Report – Mayor Webster stated SOS has plaques ready for corporate donors for the Christmas program and we’d really like to invite those people in and present those at the next Council meeting. We cut a ribbon last week at Kerry Ford that instituted a quick service lane and Jade Buffet had a re-opening. I also want to mention that Mr. Parham is in Chicago at a City Manager’s Conference and he is there on his own dime.
   
Clerk of Council/Finance Director – Mrs. McNear stated our first quarter earnings were $4.71 million based on a budget of $15.2 million. Ninety-two percent of that was earned from our top sources of earnings tax, real estate taxes, local government funds, estate tax and paramedic services. The local government funds and estate tax of $121,000 and $10,000 respectfully are 3.5 percent of our revenue. Those are two of the areas the Governor has deemed necessary to eliminate. Our ending General Fund balance is $3.5 million. Expenditures are $3.8 million, 25 percent of the budgeted amount. Our expenditures are up a little bit because of health care expense. If you look at what we’ve earned versus what we’ve spent you’d think we are in pretty good shape. Earlier this week we had some good financial news because the grade separation project that was completed several years ago had encumbered expenses of $326,000. The final bill came in at $38,000. However, we are anticipating a loss of $348,000 in commercial real estate tax this year due to devaluation. Secondly, we had anticipated that in 2011 we would have $211,000 in tangible personal property tax. With the new changes from the State we are looking at the possibility of receiving only $34,500 this year. Next year we would expect a reduction of thirteen percent and thirteen percent each year through 2017. As it stands we would only receive $34,500 this year and nothing in 2012 to 2017. Based on those items I just mentioned, we could be looking at a loss of $1.4 million a year in loss of revenue. We’ve been very diligent over the last couple of years but $1.4 million is a huge hurdle. We have accomplished where we are in the budget with attrition by not replacing a lot of people when they retired. Personnel is the largest expense we have in the City. I don’t think we are going to have the same opportunity with people retiring so we have had to take a hard look at the budget and we have done that inside out, backwards and forward. I’m not sure where the money is going to come from. Hopefully all these things won’t come to fruition with the State but I want to make sure we are realistic about what the expectations are going forward.    

Administrator’s Report – Mr. Thamann stated he has two pieces of legislation for the next meeting. One is for an agreement between the City of Springdale and County Commissioners for the Municipal Road Funds for the SR 747/I-275 ramp modification project. We will be receiving $43,900. Also requested is legislation to dispose of surplus property in the Police Department, abandoned and lost bicycles that we have accumulated over the years. In the past we have passed legislation to donate those to Valley Vineyard Community Church. They repair them and disperse them back into the community for the needy.
   
Law Director’s Report – Mr. Forbes reported this afternoon I attended a short seminar sponsored by the Center for Local Government in conjunction with MVRMA discussing the impact of Senate Bill 5. We’re all still trying to wrap our hands around all 400 pages of that bill. We did confirm that as of now the effective date would be July1 unless there are enough signatures collected on petitions to put it on the ballot. Those have to be in by June 30. All the experts there think there will be no problem getting enough signatures to have it on the ballot. Then we’ll have to wait and see what happens.
   
Engineer’s Report – Mr. Shvegzda said the bid opening for the signal system upgrade by ODOT will be tomorrow.   

    COMMUNICATIONS                             -     none

    COMMUNICATIONS FROM THE AUDIENCE –Meghan Sullivan-Wisecup, Springdale Youth Boosters, thanked everyone who participated in the Opening Day Parade. We have a program with Jake Sweeney Automotive and people can buy a raffle ticket for $5 for a chance to win a Chevy Equinox or Cruise.


    ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 12 -2011 “AMENDING SECTION 90.14 OF THE SPRINGDALE CODIFIED ORDINANCES REGARDING PETS IN PUBLIC PARKS AND RECREATION AREAS, AND DECLARING AN EMERGENCY”

90.14    PETS IN PUBLIC PARKS.

(A)     Subject to any applicable park rules and regulations, no more than two pets per individual having control of the pets shall be permitted in any public park or public recreation area of the city, provided that all pets shall be kept on a leash and within the physical control of the owner, harborer, or person having control of the animal.

(B)    No person shall fail to remove any excrement deposited by any pet under his or her control while in public parks or public recreation areas of the City.

(C)    The City shall reserve the right to adopt park rules and regulations limiting pets in identified recreation areas and disallowing any or all pets during specified events.

(D) Any person who violates this section, including any violation of any applicable park rule or regulation, shall be guilty of a minor misdemeanor.

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

Ordinance 12-2011 passed with seven affirmative votes.

ORDINANCE NO. 13-2011 “AMENDING VARIOUS SECTIONS OF CHAPTER 30 OF THE SPRINGDALE CODIFIED ORDINANCES REGARDING COUNCIL RULES OF PROCEDURE”

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

Ordinance 13-2011 passed with seven affirmative votes.

Mrs. Harlow thanked Mr. Hawkins, Mrs. Emerson, Mayor Webster, Mr. Vanover and Mrs. McNear for serving on the committee and subcommittee.

Public Hearing
ORDINANCE NO. 14-2011 “AMENDING THE CODIFIED ORDINANCES OF THE CITY OF SPRINGDALE, OHIO, TO AMEND SECTIONS (A)(3)(a) AND (A)(3)(b) OF CHAPTER 153 .533 OF THE SPRINGDALE ZONING CODE”

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

    Ordinance 14-2011 passed with seven affirmative votes.

OLD BUSINESS        -    none

    NEW BUSINESS
   
    Mrs. Emerson stated Springdale Day at the Reds will be May 16th. Forms for tickets may be picked up at the Community Center or Municipal Building. The money has to be paid in cash.

    Mayor Webster read a proclamation declaring April 29, 2011 “Arbor Day.” A tree will be planted at Springdale Elementary School on April 29th at 2:30 p.m.

    Mr. Galster said over the last couple of months the Howard Johnson location has started doing a truck rental business which is permitted at that location. However, I think they have gotten into issues regarding parking because they didn’t have enough parking to accommodate these big trucks. Or if they had these big trucks they didn’t have enough parking to handle the parking requirements for the hotel. I know the Building Department was addressing that issue and it seems like they moved from the front of that hotel to the rear, but in the last three or four days, every day there is at least one tractor trailer that is being parked parallel to Glensprings right in front of that hotel. I wanted to make Administration aware of it to try to eliminate the eyesore. It is a PUD and there are requirements for parking but I am being sensitive because it leads into a residential area.

    Mayor Webster asked if the trucks are part of the business or patrons of the hotel.

Mr. Galster replied they are patrons. There might be twenty spaces there and they are pulled up across those spaces. If they are going to allow semi parking I think they should be forced to come before the City Planning Commission or whoever to look at the parking requirements.

Mayor Webster said you are the Planning expert. Does the Code prohibit semis from parking in a parking lot like that?

Mr. Galster responded usually semi trucks are associated with deliveries to a business. I don’t think our Code specifically addresses where you can park a semi truck but it does require a certain amount of parking spaces based on the type of business you have so if you have a semi taking up twenty spaces, you’re surely not going to meet the parking requirements for that business. If, in fact, it’s going to become the norm to have parking of semi trailers at that facility, I think they should be moved to the back of the building so it’s not on the main thoroughfare, and also we need to do some recalculations as to how they fit into the parking requirements for their other business.

Mayor Webster said we’ll have the Building Department take a look at it.

Mr. Vanover stated I’ve gotten several phone calls about mulch that has been in residents’ driveways for over a year, also dirt and gravel. We don’t have anything in the Code right now but the mulch has been there since the delivery last year. This is the third year in a row. In Planning Commission Mr. Okum mentioned a partially open trench in his neighborhood. In my neck of the woods they are replacing sanitary sewer lines and the dirt went for about two years before he settled it and the extended clean out is still sticking up. I think we need to give people time to do something but within reason, maybe sixty to ninety days.

Mr. Galster said I’m quite confident if the Building Department was in fact tearing up sanitary sewers, there would be a permit issued and they are following up to make sure it’s put down properly, that it’s filled back in. Maybe they aren’t finishing it off quick enough. If there’s not a time frame it may be time to start looking at that to make sure it happens. As to the gravel, mulch and dirt on the driveway, I think that’s a Property Maintenance Code item. Maybe it’s not specifically called out but items deposited in a driveway need to be cleared within a reasonable period of time so the driveway can be returned to its intended purpose. I think they are two different issues and I think at least the second one can be addressed through the Property Maintenance Code.

Mayor Webster said I totally agree. I think the Property Maintenance Code needs to be looked at in conjunction with those items. Let us review the licensing procedure for open trenches and see what kind of restoration they are required to make. I think we’re going to have a hard time making someone level off a hump.

Mr. Thamann said I’ll check with the Building Department to see if we have in the permitting process any backfill requirements or any standards on the restoration of trenches. I’ll also check on the Property Maintenance Code in regards to bulk items in driveways.

    MEETINGS AND ANNOUNCEMENTS

    Planning Commission                         -     May 10
    Board of Health                         -     May 12
    Board of Zoning Appeals                     -     May 17
   
COMMUNICATIONS FROM THE AUDIENCE        -      none

UPDATE ON LEGISLATION STILL IN DEVELOPMENT    -    none

RECAP OF LEGISLATIVE ITEMS REQUESTED

P. D. Bicycle Donations                     -     May 4
Agreement with Hamilton County for Municipal Road Funds -    May 4        

Council adjourned at 8:04 p.m.

                        Respectfully submitted,




                        Kathy McNear
                        Clerk of Council/Finance Director

Minutes Approved:
Marjorie Harlow, President of Council



__________________________, 2011