President of Council Kathy McNear called Council to order on April 21, 2004, at 7:00 p.m.
The governmental body and those in attendance recited the pledge of allegiance. Mr. Vanover gave the invocation.
Mr. Vanover took roll call. Present were Council members Danbury, Galster, Pollitt, Squires, Vanover, Wilson and McNear.
The minutes of April 7, 2004 were approved with six affirmative votes. Mr. Wilson abstained.
VETERANíS MEMORIAL CONTRIBUTION
Mr. Galster said I would like to present Mr. Mike Matson and his father, Bob, and also Max is here with them. Mr. Matson is a resident of Springdale and I talked to him about a year ago when we started the funding for the veteranís memorial. Mr. Matsonís father and uncle are both veterans and he wanted to make a contribution to honor their service and pay his respects.
Mayor Webster said this what makes this such a great place to live. When we put the budget together on this, we figured we would have to look for big donors and corporations to make this happen. When we see private citizens coming forth and doing what Mr. Matson has done, it gives us a good warm feeling. Mayor Webster presented a good citizenís award to Mr. Matson.
Mr. Galster said I thanked Mike for his contribution and of course, we want to thank his father, Bob, for his contribution and service he provided for our country.
Mr. Bob Matson said I want to applaud you folks. I have been on village council for 22 years and I know what you go through. We just put a veteranís memorial in which is not as grand as yours but it still serves the same purpose. There is some state money available if you know how to get it. I will get some names to Steve. It was my honor to serve the country and as far as I am concerned, I still serve it as you do.
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 - Mr. Wilson said the committee recommends passage of Ordinance 20-2004.
Public Utilities - no report
Capital Improvements Ė Mr. Danbury reported that they are putting up a decorative handrail on the wall that fell down on Kemper Road. The storm water sewer in the vicinity of the railroad tracks is underway. Starting next week they will be widening the ramp on westbound I-275 to northbound SR 747. They will be removing the median and temporary widening will begin. The majority of this work will be done at night. In July and August there will be a lot of work done on storm sewers, water main, railroad construction and temporary railroad track construction.
Finance Committee - no report
Planning Commission Ė Mr. Galster said Ordinances 10 and 11 on the agenda tonight were forwarded from Planning Commission. Steak & Shake requested approval of a conditional use plan. That was approved 6-0. Provident Bank requested relief from the condition to paint the roof on their facility at 11525 Springfield Pike. This was removed at the applicantís request and we anticipate that they will be back next month. CVSís request for approval for a higher sign with a variable electronic message board was denied 6-0. The Tri-County Mall request for an interstate sign was tabled at the applicantís request. Final development plan for a retail building to be constructed in Cassinelli Square was tabled 6-0.
Board of Zoning Appeals Ė Mr. Squires said a request was granted for a variance to build a house on a lot 67í wide on Dimmick Avenue. Angela Wilkinson at 1169 Benedict Court was granted a variance to keep her utility building at 13 inches from the south property line and 22 inches from the west property line. A variance was granted for a utility building of 140 square feet to be built at 467 West Kemper Road. Springdale Ice Cream and Beverage requested approval to extend Variance 2-2004. That variance was granted until September 1, 2004. Three variances for Steak & Shake referred from Planning Commission were approved. Community Management Corporation requested a variance to allow pet boarding in a Support Services Zoning District. We suggested that the request be tabled so that we can research some issues that the board has.
Mayor Webster said I want to go back to the variance for the 67í frontage for the house on Dimmick. Is there a good reason why they went 67 feet and 133 feet?
Mr. Squires responded he didnít have a plausible reason but we know he could have divided his lot into four fifty foot lots. We felt that was a reasonable compromise.
Ms. Pollitt stated that he resides on the 133 foot property. At one corner he has a nice garage that he would like to keep. His house is on the other side of that house and he has a ten foot six inch setback on the side yard of the house that is being proposed on the new property. He really canít do it any other way. From the plans we think it will be a very nice building for that neighborhood, although we did have a resident speak against it.
Mr. Galster asked is the request for the dog kennel for a whole building? Mr. Squires replied no.
Mr. Galster asked what does the other tenant do?
Ms. Pollitt said I think the Board of Health may need to be involved in some issues such as sanitary conditions. They want to build pens inside and have an inside playground. They want to have trench work on the outside walls. Apparently this is a tenant in another location and they donít have any problem with this tenant. He has a need to grow the business.
Mr. Vanover said I think the Department of Agriculture is the governing body of the licensing of kennel operations.
Mr. Danbury said I would assume the waste would go into our storm sewer instead of sanitary sewer.
Mrs. McNear asked is that a covered trench?
Ms. Pollitt replied no, it is open.
Mr. Shuler said the cleaning system for the area would have to be connected to the sanitary sewer system. It would be an open trench along the edge of the walls that would be flushed and washed out. Itís on the inside.
Ms. Pollitt said the gentleman said everything will be inside. He doesnít even want an outside exercise area. He said there would be personnel at the kennel until 10:00 p.m. and back at 7:00 a.m. Mr. Shuler, have you ever seen an operation like this?
Mr. Shuler replied not as far as only boarding but certainly through veterinary clinics and their boarding facilities. It doesnít sound unusual for that type of operation.
Mrs. McNear stated we have limits on how many people you can have in your home. This seems so contrary to me. It sounds like we have a lot of research to do.
Mayor Webster asked what is the variance request they asked for? What is the zoning there now?
Mr. Squires answered principally permitted use to allow the boarding. The current zoning is Support Services. Veterinary offices and animal hospitals are allowed but this qualifies as neither.
Mr. Galster said when we had a mixed use of office space and child care we had enough conflict. I have a hard time visualizing a kennel with an office building.
Mr. Danbury said the noise will be bad, the smell will be bad, and a lot of people will be allergic to animals. I think itís a bad mix with an office building.
Mr. Wilson asked if anyone talked to the other tenants? Are they aware of it?
Ms. Pollitt said Mr. Bullock from CMC Properties was there and he was very comfortable that none of the other tenants would have a problem with this.
Board of Health Ė Ms. Pollitt said the Health Department is participating in the mercury thermometer exchange program. She said the City is looking at a flu shot consent form for people receiving the flu shot.
Veteranís Memorial Committee Ė Mr. Wilson said the committee is moving along. On August 28th, along with the Childrenís Cystic Fibrosis Association, we will co-sponsor another luau. The proceeds will be split between the two organizations.
Mr. Galster stated in order for the proceeds to go to the Veteranís Memorial fund, you must purchase your ticket from someone working on behalf of the Veteranís Memorial.
Mr. Wilson said they would get part of the proceeds from corporate donations.
O-K-I - no report
Mayorís Report Ė Mayor Webster read a proclamation regarding Arbor Day.
Clerk of Council/Finance Director - no report
Administratorís Report - no report
Law Directorís Report - no report
Engineerís Report - no report
COMMUNICATIONS - none
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 10-2004 "APPROVING THE MODIFIED PRELIMINARY DEVELOPMENT PLAN (PUD) OF APPROXIMATELY 1.666 ACRES LOCATED AT 1313 EAST KEMPER ROAD AND APPROXIMATELY 0.967 ACRES LOCATED AT 1333 EAST KEMPER ROAD (TRIAD COMMERCIAL PROPERTIES)"
Brian Ross, Triad Commercial Properties, said we are asking you to approve Modification C to the site plan. This revised plan consists of a 10,000 to 12,000 square foot retail building with an IHOP Restaurant. Modification C would be added to already modified Plans A and B. This is the plan we would go with if it is approved. It would allow us to come out of ground simultaneously with IHOP and the retail space. We took comments from staff, Planning Commission and Council and concluded that shops might be better than a fast food option. That doesnít mean we couldnít do a mortgage company or even a bank might be possible. We like this plan because it blends well with the office project behind us. Option C provides better access to the property. We are committed to bringing this project to Springdale and everything looks promising.
Mr. Danbury made a motion to adopt and Mr. Squires seconded.
Mayor Webster asked how much space is to the south of your strip center? How much driveway space?
Mr. Ross replied we understand that is a problem and will be a landscaped area.
Mayor Webster said so there would be no vehicular traffic. I chatted with you all in the lobby about a bank. If you rent space to a bank it would almost have to be the far eastern part of it so you could have a drive-thru. I donít know how cars would get turned around and headed back to the north.
Mr. Galster said Planning Commissionís objection is that itP is a dead end so if anyone pulls down, they would have to back all the way out. Itís one of those things that needs to be worked on. Could the drive-in be on the back end of the bank?
Mr. Wilson asked would Planning Commission consider the reconfiguration of that design before they would approve it?
Mr. Galster said when we make a suggestion to the applicant, we donít want the applicant to change the drawing to have something different in front of you than what we saw at Planning Commission.
Ordinance 10-2004 passed with seven affirmative votes.
ORDINANCE NO. 11-2004 "AMENDING ZONING CODE ARTICLE 42, SECTION 153.423 SPRINGDALE STATE ROUTE 4 GENERAL DEVELOPMENT STANDARDS; TO AMEND ARTICLE 52, SECTION 153.529 SIGNS IN RESIDENTIAL DISTRICTS; TO AMEND ARTICLE 48, SECTION 153.489 WASTE CONTAINER SCREENING REQUIREMENTS; TO AMEND ARTICLE 36, SECTION 153.248 CONDITIONALLY PERMITTED USES"
Mr. Galster said this is housekeeping items. The first item is a definition of an accent color and how much can be used on a building, especially in the corridor. Another issue is how big a sign can be in a residential area. Waste containers need to be brick or stone on three sides with a metal or wood gate. These are things we have been trying to enforce in Planning Commission anyway so we want to get them into the code.
Mr. Squires made a motion to adopt and Mr. Wilson seconded.
Ordinance 11-2004 passed with seven affirmative votes.
ORDINANCE NO. 12-2003 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO AN ADMINISTRATIVE AGREEMENT WITH UNITED MEDICAL RESOURCES (UMR) AS THE THIRD PARTY ADMINISTRATOR OF THE CITYíS SELF-FUNDED HEALTH INSURANCE PROGRAM AND DECLARING AN EMERGENCY"
Mr. Squires made a motion to adopt and Mr. Wilson seconded.
Mr. Parham stated on March 30th I forwarded to your attention our annual update on the health insurance program, which are addressed with Ordinances 12 and 13-2004. The rates for the third party administrator, United Medical Resources, who weíve been with since 1994, is a very small increase request, 2.3%. I think the request they have made is more than appropriate. At the same time they are the ones that brought us HealthSpan. When we joined HealthSpan, we were paying first dollar for all claims. As you see in the report, the type of savings we have experienced with HealthSpan has been in the neighborhood of 35 to 40%. Last year we paid over $1 million out of the program. I would fret to see what the numbers would have been if we had not been a member of Health Span. They have requested an increase from $4 per employee per month to $5.50. They have instituted a new program called HealthSpan Preferred which will offer even greater savings for our employees and the organization.
Mr. Parham said this time a year ago we were concerned as to whether we would be able to have the re-insurance market bid on our program. The numbers had gotten extremely high at that time. The rates they have come back with are far less drastic than they were a year ago. A year ago we saw rates that were 43% increases. This year they are about 3.8% for a single and 4.7% for a family. Our aggregate rate has also been reduced. Based on us staying away from the re-insuranceís pocket reflects the numbers we have before us today.
Ordinance 12-2004 passed with seven affirmative votes
ORDINANCE NO. 13-2004 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH HCC BENEFITS CORPORATION TO PROVIDE FOR STOP-LOSS INSURANCE AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Mr. Squires seconded.
Ms. Pollitt asked if the employees share any of the costs for health insurance.
Mr. Parham replied for medical costs the employees do not participate. Employees have the option to participate in the dental program for a nominal fee.
Ms. Pollitt said itís really nice we can afford to provide that for our employees. We have great employees who have given a lot of years to this City. Iím glad we didnít have to make those changes.
Ordinance 13-2004 passed with seven affirmative votes.
ORDINANCE NO. 16-2004 "AUTHORIZING AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION REGARDING ENHANCEMENT FUNDING FOR PHASE II OF THE SPRINGFIELD PIKE STREETSCAPE PROJECT"
Mr. Galster made a motion to read by title only and Mr. Squires seconded. The motion passed with seven affirmative votes.
Mr. Squires made a motion to adopt and Mr. Galster seconded.
Ordinance 16-2004 passed with seven affirmative votes.
ORDINANCE NO. 17-2004 "AMENDING SECTION 94.03 OF CHAPTER 94: TAXATION OF THE CODIFIED ORDINANCES OF THE CITY OF SPRINGDALE, OHIO"
Mr. Danbury said Iíd like to make a recommendation to Council. This was a very big event for the City and I donít think there was a Council person who worked harder than Mr. Galster. Iíd like to invite him to make the motion on this.
ORDINANCE NO. 18-2004 "AMENDING THE CODIFIED ORDINANCES OF THE CITY OF SPRINGDALE CHAPTER 154 FLOOD CONTROL BY REPLACING THE ENTIRE SECTION AND DECLARING AN EMERGENCY"
ORDINANCE NO. 19-2004 "ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/ FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH BP PRODUCTS NORTH AMERICA, INC., FOR GASOLINE AND DIESEL FUEL AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Mr. Wilson seconded.
Ordinance 19-2004 passed with seven affirmative votes.
ORDINANCE NO. 20-2004 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH CDS ASSOCIATES, INC., FOR ENGINEERING SERVICES NECESSARY FOR THE 2004 STREET PROGRAM AND DECLARING AN EMERGENCY"
Mr. Danbury made a motion to adopt and Mr. Wilson seconded.
Mr. Shuler said the proposal, which is Exhibit A attached, refers to a summarized program which is attached to the proposal and was not part of the ordinance. I did distribute that to everyone this evening. There is one modification to the program since the preliminary information was discussed and submitted as part of Mr. Osbornís report to you. That additional item is street resurfacing only for $60,000. This is the additional part of Lawnview Avenue that would not be in the total reconstruction. It was discussed and agreed that the City wanted to have that resurfaced so that when the project was done we had a new street surface for the whole length of Lawnview. It would fall into a better maintenance schedule for future years. That is the change to the update of information that Mr. Osborn had in his report that would increase the total project construction costs to $1,630,100. Weíre also showing the survey, engineering and administrative costs to give you a total project cost of $1,683,100. The second page is the schedule for the program. We show a contract award on July 7. If you only have one meeting in July, Council can award at that one meeting in July and Council can still stay on schedule.
Ordinance 20-2004 passed with seven affirmative votes.
OLD BUSINESS - none
NEW BUSINESS - none
MEETINGS AND ANNOUNCEMENTS
Board of Zoning Appeals - May 18
COMMUNICATIONS FROM THE AUDIENCE - none
Mr. Danbury made a motion that Council go into executive session as a committee of the whole to discuss personnel issues. Mr. Vanover seconded. The motion passed with seven affirmative votes.
Council went into executive session at 8:30 p.m.
Council resumed at 9:15 p.m.
Mr. Galster made a motion to reject the fact finderís recommendations in reference to the Cityís profession firefighterís contract. Mr. Squires seconded.
The motion passed with seven affirmative votes.
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Ordinance 17-2004 - May 5
Ordinance 18-2004 - May 5
RECAP OF LEGISLATIVE ITEMS REQUESTED - none
Council adjourned at 9:20 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council