President of Council Kathy McNear called Council to order on May 16, 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 Galster, Harlow, Squires, Vanover, Wilson and McNear. Mr. Danbury was absent.

    The minutes of May 2, 2007 were approved with six affirmative votes.

    PROCLAMATION FOR PEACE OFFICERS’ MEMORIAL DAY

    Mayor Webster read a proclamation proclaiming May 15, 2007 as Peace Officers’ Memorial Day and May 13 to May 19 Police Week.

    Mayor Webster presented the proclamation to Lieutenant Mike Mathis and Sergeant Lynn McKee.

Chief Laage introduced new violations bureau clerk Chris Hedrick. Chris Hedrick has a bachelor’s degree from UC in Education. She serves as a council person in Deer Park.

Chief Laage commended Sergeant McKee and Lieutenant Mathis for their years of dedicated service to the City.

    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 stated construction of a new sidewalk on the north side of Northland Boulevard from Olde Gate Lane to the existing sidewalk just east of SR 4, and expansion of the Police and Fire Department parking lots is scheduled to bid mid July and be completed mid October.
   
Public Utilities        -    no report
   
Capital Improvements – Mr. Wilson said work is substantially completed on the SR 747/CSX grade separation. Approximately forty-six feet of a culvert will be replaced because it did not have the proper transition section installed by the original contractor. Due to the additional cost related to the construction of this project the current level of funding will be exceeded. OKI has available a funding source that will help correct the funding deficit. The application deadline is June 1 and there is a resolution before Council tonight supporting this funding application. The widening of Kemper Road is underway, construction of the bridge and installation of new signals are also underway. The project will be completed by September 2007. No change on the SR 4/Crescentville Road project and SR 4 continuous northbound lane north of Glensprings. Award of the construction contract is scheduled for the fall of 2008. The ODOT urban paving project from Glensprings to 800 feet south of Crescentville Road was originally scheduled to start in early May. However, due to concerns for conflicts with the I-275 construction, ODOT has postponed the start of the SR 4 paving work. It’s still scheduled to be completed in mid July. The Kemper Road improvements at Tri-County Mall are currently on hold pending resolution of the reimbursement of the project costs with the mall owners. The Veteran’s Memorial project is to be in mid July with construction to start in late summer. Construction on the Church Street parking project is anticipated to be substantially completed by late November
   
Finance Committee        -    no report    

Planning Commission – Mr. Galster reported the first item was approval of a developmental plan for Sam’s Club vestibule renovation. The second item was a request for approval of a sign facing for AT&T Cingular Wireless, 11711 Princeton Pike. This tenant does not have frontage on Princeton Pike and was trying to get a sign that was off-premise on another part of that building. We recommended that they use some existing entrance signage and the applicant agreed and withdrew his request. David’s Bridal, 720 Kemper Commons, requested a fašade change that was approved 7-0. BJ’s Restaurant, 11700 Princeton Pike, requested a fašade change. That was approved 7-0.

Board of Zoning Appeals – Mr. Squires said the first request was for a boat in the driveway at 170 Ruskin Drive. The resident purchased the boat with the understanding she was in compliance. Boats are allowed in the driveway providing there are two additional parking spaces 9 feet by 19 feet. The size of the parking spaces was not stated in the brochure they had. The side yards are nine feet wide, not wide enough to park the boat in the side yard. There are an 8 feet by 17 feet parking space and an 8 feet 7 inch by 14 feet 9 inch parking space available so they don’t have to park anything on the street. A boat bigger than 19 feet l0 inches long including the triggers is all that will be allowed at that property. That was approved with six votes. LifeSphere requested to erect a fence in the front yard. The buildings along a stretch are situated so that the back faces Springfield Pike; therefore, by code the fence would be a front yard fence. It was defeated by a 6-1 vote. There was a request for an oversize accessory building at 1254 Wainwright. They originally wanted a 10 feet x 14 feet utility building and they already have a shed on their property. When told the second shed would have to come down they requested a bigger shed. They were approved for a 150 square foot shed. The Board is working on revising the application form. We will submit that to the Administration and Legal Department for review and it will be presented to Council for adoption. We are working with the Building Department on sheds. We are looking for a formula to use and we have gotten some material from other cities.

Mayor Webster asked on the boat situation, was there any discussion regarding the pamphlet that the City had made available to these folks? They claimed that in reading that they made an interpretation that their driveway would be a suitable size to accommodate this boat so it was the City’s fault because we published this pamphlet and then our inspector cites them.

Mrs. Harlow replied they weren’t cited. They actually flagged down Al Winkle as he was driving by and asked him if they were in compliance. They were proactive. They looked at the boat, then read the pamphlet, then went back and purchased the boat. Then they flagged down Mr. Winkle and he told them they fell short of meeting the parking requirements.

Mayor Webster asked was there a deficiency in the pamphlet?

Mrs. Harlow responded it just indicated that certain things could be done. The size or requirements for the parking were not in the pamphlet but it did mention that you could park a boat in your driveway.

Mayor Webster said if we left something out of that pamphlet then we need to reexamine the pamphlet. I would feel for a family that would make an investment in a boat, then the decision of the board was no, you can’t park it there.

Mr. Wilson asked did the owners indicate it would be a financial burden for them to sell the boat because it would then be a used boat or was it an issue of storage costs?

Mr. Squires replied it was an issue of storage costs.

Mr. Wilson said I don’t know about storage costs but I would think they would want to put it in a more secure area than there. I guess we need to tighten up our bylaws and state the size of boat, motor home or trailer we can put on a given lot.

Mr. Squires replied I think they are adequate. That’s why they ask for variances. In this particular case the vehicles they have are small. They came very close to the two additional parking spaces.

Mr. Wilson said any resident can ask for a variance for anything. We seem to approve a lot of these on financial hardships. The cost of the boat is expensive as is, to say because it’s a financial burden we’ll make an exception this time. How often do we make exceptions?

Mrs. Harlow said the burden was that they could not store it on any other location on their lot. In this particular driveway, they can have the boat, because it has a break-away tongue, and one vehicle right behind it without anything overhanging the sidewalk. Then they have a parking spot next to that for two other vehicles.

Mayor Webster said I know the family and the situation. If that house sells in the future and a family moves in with two full size vehicles, is there still room for those two to park in the driveway?

Mrs. Harlow replied yes. They would have to be responsible for moving their cars in and out but they could get two of them there. It was pointed out that our Police Department is very diligent about cars hanging over the sidewalk and that they would be cited.

Mr. Galster said originally you said there were two parking spots, one in front of the boat and one on the side. Now I think I heard there is a short one in front or behind the boat, and two on the side. Are the two parking spots on the side of the actual size that was required by the Zoning Code or are they too small still to fit two regular cars there?

Mrs. Harlow replied they are slightly under and the only reason they fit is that she drives a very small car.

Mr. Galster said a lot of consideration was given to the parking stalls to try to make sure that it didn’t become a nuisance to have that kind of vehicle in the front yard.

Board of Health – Mrs. Harlow stated The Willows of Springdale and the Health Department have teamed together to offer a kids summer program June 13 to July 25 on Wednesdays. It is geared to children six to twelve and will include food, fun and crafts. There will be an orientation meeting for the Tri-State Medical Reserve Corp at the Vineyard Church on July 12. The purpose is to establish a database of medical volunteers in case of emergency.
   
Veteran’s Memorial Committee – Mr. Wilson said the Veteran’s Memorial golf tournament committee met on May 1. We need to lock in a course, date, meal selection, hole sponsors. We hope to meet no later than the first week in June to finalize this.

O-K-I        -    no report
   
Mayor’s Report – Mayor Webster said the Springdale Night at the Reds was a lot of fun. The choir was very good and the color guard presented the colors. We are looking forward to do this on a regular basis. Mr. Danbury did a good job putting this together.

Mr. Galster said a DVD from the Reds Night is available at the elementary school. It shows the Mayor throwing his wonderful pitch, the color guard and the chorale performance, as well as other footage. I believe it costs $10.
   
Clerk of Council/Finance Director        -     no report

Administrator’s Report – Mr. Osborn said we contract with TEC Engineering for traffic signal maintenance and operations. We are currently reaching the end of a three-year contract. I have a proposal for renewal from TEC. The new contract will remain at $3500 a month for the first year, then it goes up $50 a month the second year and $100 a month the third year. I would request that Council consider an ordinance at the next meeting authorizing the agreement.

Mr. Osborn continued I’m sure you saw in the paper where two of our County Commissioners have proposed a Hamilton County Comprehensive Safety Plan that would build an eighteen hundred bed prison. It would provide financial assistance to law enforcement throughout the County, particularly in the area of communications. At the end of this proposal the County would pick up seventy percent of all communications costs. I’m distributing the material we received from the County on this proposal. I can tell you that the elements of what they are proposing to do have the support of the law enforcement community in Hamilton County. Today I received the following communication from the County again touching on this and requesting that jurisdictions throughout the County consider adopting a resolution endorsing their proposal. A number of years ago I was on the levy committee for new communications system in Hamilton County. At that time I did not come to you and ask for a resolution in support because I understood and realized it has been our practice not to endorse levies or ballot issues. For that reason I am only passing this information out for your review and perusal. If you have any questions regarding it or should you choose to break with past tradition and take action here that would be your decision. This is a very hot issue right now and will reach a critical point in the very near future.

Mr. Knox said Mr. Osborn mentioned there would be savings to the community in this report he handed out. It says that the City of Springdale would save over $64,000 a year in the costs of communications.
   
Law Director’s Report (Ken Schneider)        -     no report
Engineer’s Report (Don Shvegzda)        -      no report

    COMMUNICATIONS                     -     none

    COMMUNICATIONS FROM THE AUDIENCE          -    none

    ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 30-2007 “DECLARING THREE VEHICLES AS SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO ADVERTISE, AUCTION AND ENTER INTO A CONTRACT FOR SALE OF SAID VEHICLES AND DECLARING AN EMERGENCY”

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

Mayor Webster asked why not sell on e-bay?

Mr. Osborn replied one has a blown engine and one we can’t get started yet so we thought it would be difficult to entice bidders on e-bay.

Ordinance 30-2007 passed with six affirmative votes.

ORDINANCE NO. 31-2007 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A PERPETUAL USE AND EASMENT AGREEMENT WITH PRINCETON CITY SCHOOL DISTRICT BOARD OF EDUCATION”

Mr. Vanover made a motion to add the emergency clause and Mr. Galster seconded. The motion passed with six affirmative votes.

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

Ordinance 31-2007 passed with six affirmative votes.

ORDINANCE NO. 32-2007 “ENACTING AND ADOPTING THE 2006 S-8 SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, OHIO, AND DECLARING AN EMERGENCY”

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

Mr. Knox said I certify that I have checked it out and it is exactly as the Ordinance and ORC says it should be.

Ordinance 32-2007 passed with six affirmative votes.

RESOLUTION R9-2007 “RESOLUTION OPPOSING HOUSE BILL 154 ABOLISHING MAYOR’S COURTS”

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

Mayor Webster said I would like to request that Mr. Knox certify a copy of this to all members of both houses of the State Legislature. Mr. Knox suggested adding the governor also.

Resolution R9-2007 passed with six affirmative votes.

RESOLUTION R10-2007 “OPPOSING OHIO SENATE BILL NUMBER 117, A BILL REDUCING OHIO CITIES’ RIGHTS REGARDING CABLE TELEVISION AND FRANCHISES FOR CABLE TELEVISION”

Mr. Squires made a motion to read Resolution R10-2007 by title only. Mr. Wilson seconded. The motion passed with six affirmative votes.

Mr. Knox stated they are saying this is to add to the competition. The way it is set up now the same competition is there. This is an attempt by one company to deregulate the cable industry in the State of Ohio in my opinion. Where we would have lost control of our right-of-ways has been removed from the bill. This would have cut out two major funds that would come to cities. The shopping networks are still out and that will cost us three to five percent. We just received $24,182 from Time Warner for one quarter. That would cost us $3,000 to $8,000 a year. The way this is written I’m sure many rural communities will lose their cable television because part of this deregulation effort is to say that cable companies can walk away from any contract or franchise that they have now and they don’t have to serve any area they don’t feel like serving. This is a deregulation, not to increase competition.

Mr. Vanover said the banks have been hammered for trying to pick and choose where they do business. They can’t do it so I don’t understand how the cable companies can do this. I suggest sending this to all legislators and governor also.

Mr. Squires said the main sponsor of SB 117 is AT&T.

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

Resolution R10-2007 passed with six affirmative votes.

RESOLUTION R11-2007 “AUTHORIZING THE CITY ADMINISTRATOR TO FILE A FUNDING APPLICATION FOR A SPECIAL CYCLE OF SURFACE TRANSPORTATION PROGRAM FUNDING THROUGH OKI, WHICH WILL BE UTILIZED TO AUGMENT THE CURRENT SR 747 / CSX GRADE SEPARATION FUNDING IN ORDER TO DEAL WITH POTENTIAL FUNDING SHORTFALLS”

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

    Mr. Osborn stated this is very critical for us. The project costs for construction and right-of-way have continued to go up over the years mostly because of things outside our control, such as the CSX organization reneging on their force account, causing the first contract to be canceled, delaying the project for a year; thereby escalating costs and also adding about $500,000 in penalties to their contractor that they had to walk away from. Then we ran into a situation where the second contractor went bankrupt two-thirds of the way through the project. The delays have caused things such as the temporary right-of-way fees to go up. This project started several years ago and at the time, the State bought an option for some temporary right-of-way. That was for a certain period of time and the cost of right-of-way has gone up by almost $1 million. That also includes an undetermined settlement with the last property owner. Overall, we’ve seen the project exceed more than $2 million above our current funding levels. We have a total funding available for construction of $13.7 million. We are looking at $14.8 million. Only $400,000 in actual construction cost is ours at this point, although we did $1 million engineering and professional services ahead of that contract. The current right-of-way cost is $1,599,593 so we are $2,134,000 short. We would like to apply for funding under this special cycle. We are applying at an 80/20 split so we will be asking for $1.7 million dollars. We ask for your support for this resolution.

    Mr. Wilson said if we pass this resolution we will have to put it in process early because there are no guarantees we will get this money.

    Mr. Osborn responded this is the last piece. We have the application ready to go and it must be filed by June 1. We have vetted the application with the individual at OKI who will administer the program. We have tried to benefit from that input and believe we have polished the application the best we can. This resolution is not needed but we felt the added weight of Council’s endorsement could not hurt at all and could very well influence some of the members of the board that awards the funding.

    Mr. Wilson asked what is the timeframe until we get an answer?

    Mr. Shvegzda replied the committee meets June 19th and there will probably be an appeals time.

Mr. Osborn stated it will be this summer. A big part of our argument is that this is truly a regional improvement. This is not done just for the City of Springdale. A great majority of the benefit derives from people living outside of Springdale.

Resolution R11-2007 passed with six affirmative votes.

OLD BUSINESS

Mrs. McNear said there seems to be a lot of debris in the road on the I-275 construction. Perhaps we can report that. Finally people are starting to slow down.

Mr. Osborn said on S8-2006, our codification ordinance, Mr. Knox reads every comma and semi-colon and checks it back against all the ordinances and resolutions you adopted during the previous year. That’s a very tedious job. It was never done in this detail before he was here.

Mr. Osborn stated TEC’s offices are in Springdale. If you have not had an opportunity to go there, I’ll make arrangements for you to stop in and have a tour of the place. I think you’d be very impressed with the high tech systems they use to operate our traffic signals.

Mrs. McNear said we also talked about touring Rumpke at some time.

Mr. Parham replied I can make that arrangement whenever you’re ready.

    NEW BUSINESS

    Mr. Knox stated we had a request for a D1 liquor license for Chipotle. There were no objections.

    Mrs. Harlow made a motion to go into the summer schedule having only the second meeting in July and August, and Mr. Vanover seconded. The motion passed with six affirmative votes.

    MEETINGS AND ANNOUNCEMENTS

    Mr. Knox said Al Winstel, Hamilton County Parks asked to be on the June 6th agenda.
       
COMMUNICATIONS FROM THE AUDIENCE        -      none

UPDATE ON LEGISLATION STILL IN DEVELOPMENT

Tax budget                             -     June 20

RECAP OF LEGISLATIVE ITEMS REQUESTED



Council adjourned at 8:46 p.m.

                        Respectfully submitted,




                        Edward F. Knox
                        Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council



__________________________, 2007



Page 5        Ed ___
        Cecil ___   

City of Springdale Council



    May 16     2007