President of Council Kathy McNear called Council to order on July 16, 2003, 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, Pollitt, Squires, Vanover, Wilson and McNear.

The minutes of June 18, 2003 were approved with six affirmative votes with a correction on page 7769. Ms. Pollitt abstained. Mr. Wilson said on page 7769 it should say "I" instead of "he" knows where he is coming from.

Special Presentation to Mayor Webster and the City – Stanford T. Williams Jr. and Ernest Jackson, Beta Iota Chapter of the Omega Psi Phi Fraternity Inc.

Mr. Wilson stated it is with distinct honor that our fraternity make a special presentation to the Mayor and to the City. The presenters will be Stanford T. Williams Jr. and Ernest Jackson. I will sit in the office with my brothers.

Mr. Williams said it is a pleasure to give this token of appreciation from Omega Psi Phi Fraternity. Our sixty-second annual district meeting was held here in May. We had approximately 150-170 brothers here. You came and were gracious enough to welcome us to the City. It was a very successful event and hopefully we had an economic impact. We spent a lot of money at the hotel and at various restaurants. We greatly appreciate your warm welcome and hospitality. Mr. Williams presented a plaque to Mayor Webster.

RESOLUTION R11-2003 "COMMENDING MELISSA L. BUSH FOR HER RECOGNITION AS A SPRINGDALE KIWANIS SCHOLARSHIP WINNER"

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

Mr. Hal Rink said on behalf of the Kiwanis Club I would like to thank you all for joining us in congratulating these two young individuals. The Kiwanis Club is a service club dedicated to helping others. Since 1961 we have supported many of our Springdale residents, helping some with their mortgages, stopped foreclosures, provided medical services, negotiated with CG&E on utility payments. We also support the youth group here, funds for Halloween party, etc. This is our 25th year of issuing scholarships.

Mayor Webster said I offer my congratulations to both young ladies. The service organizations are one of the things that make Springdale such a great place to live. In addition to a fine Kiwanis, we also have an outstanding Lions Club, Rotary, Garden Club and Youth Boosters. On behalf of the City, I’d like to say to the Kiwanis, thanks for all of your contributions.

Mr. Danbury, Mr. Vanover, Mr. Galster, Mr. Wilson, Mr. Knox and Mrs. McNear offered their congratulations.

Mr. Galster asked what is the criteria you look for in awarding the scholarships?

Mr. Rink replied we are looking for excellent scholars. They must submit an application with a schedule of accomplishments through four years of high school and a note from their counselor. We review their grades and extra curricular activities. We don’t care what subjects they take and what colleges they attend. We make the checks out to the students and the colleges. They can apply it to anything they want; tuition, books, etc.

Resolution R11-2003 passed with seven affirmative votes.

RESOLUTION R12-2003 "COMMENDING ALISON M. BAUER FOR HER RECOGNITION AS A SPRINGDALE KIWANIS SCHOLARSHIP WINNER"

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

Resolution R12-2003 passed with seven affirmative votes.

Mayor Webster and Mr. Rink made the presentations to the winners.

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 reported that the SR 4 ODOT resurfacing project is completed. The East Crescentville Road repair and resurfacing SR 747 to Chesterdale bid opening was held June 24. The amount that Springdale is responsible for paying is $64,278. The pre-construction meeting was held July 14. Butler County is attempting to schedule the resurfacing work on Crescentville Road to take place at the same time as the I-75 bridge closing.

Public Utilities - no report

Capital Improvements – Mr. Danbury said Kemper Road Phase II should be completed by the end of summer. SR 4/Sharon Road intersection is done except for the stone wall by the doctor’s office. The CSX grade restoration will be re-bid in the fall. The Beaver Run Creek restoration pre-construction meeting was scheduled for today. Construction will be between now and November. The bike path construction on Sharon Road should be completed by July.

Mrs. McNear said I had a phone call from a resident in Fairfield who wanted to compliment Springdale on how good SR 4 looks now that we’ve made the improvements to the downtown area.

Finance Committee – Mr. Wilson said I hope everyone has had a chance to review the Comprehensive Annual Financial Report for the year ending December 31, 2002. If you have any questions or comments, feel free to contact somebody on Finance Committee.

Planning Commission – Mr. Galster reported there was a proposed drive-thru at Dunkin Donuts. After a couple of continuances we were finally able to get some of the outstanding issues resolved. We’re still waiting on a couple of items but that was approved 6-0. Graeter’s Ice Cream was asking for an outdoor seating area. They had had the patio for a long time. That was approved 6-0. A concept review for the condominium project at 309 West Kemper Road that was tabled in June, was tabled again at the applicant’s request. A service bay addition at Jake Sweeney, 85 West Kemper Road was approved also.

Board of Zoning Appeals – Mr. Squires stated two items were tabled. A resident at 516 Smiley Avenue had an existing side yard deck. She removed it and reconstructed it a little larger than it was originally. She didn’t know she had to have a permit to reconstruct it, and it doesn’t meet the side yard setback. She was given the variance but she had to downsize the deck. A resident at 11765 Van Cleve Avenue wanted to construct part of the garage into living space. That was approved 7-0. Dunkin Donuts had requests sent by Planning Commission and all were approved.

Board of Health - no report

Veteran’s Memorial Committee – Mr. Wilson said they sold $2,000 worth of merchandise over the July 4th weekend. We could have sold more if the rain had not stopped us. We had a luncheon meeting with Robert Ranier on July 9th to go over some strategic planning. We are beginning to make contact with corporate sponsors.

O-K-I – Mr. Knox stated that Jim Doane, the director, has resigned effective the end of September and they are looking for a replacement.

Mayor’s Report – Mayor Webster said I’d like to acknowledge an effort our Fire Department is involved in. On June 30th, the Fire Department turned the firehouse into a biker hangout as the Springdale Professional Firefighters hosted the second annual MDA VIP run, Riding for Smiles. This event was in response to an invitation from Jerry’s Kids to firefighters to attend the MDA summer camp held at Camp Cambellguard. This is a weeklong camp for children with muscular dystrophy. Firefighters from fourteen departments participated. Approximately thirty motorcycles rode into camp with a fire truck from Fairfield bringing up the rear. Firefighters from Greenville, Ohio had a firefighter dressed in a dalmation suit ride into camp on the rear of a Harley. They spent the afternoon eating, dancing and spraying water from their pumper. The kids enjoyed spraying the water and being on the receiving in. Chief Shroyer, members of Local 4027 and the on daily crew all pitched in to make the day a success. Many local businesses also assisted them, such as Target, Sam’s, Wal-Mart, Best Buy, Hooters, Indoor Café, Dick’s Sporting Goods and Joseph Beth Books. They hope to make this event bigger and better every year.

Mr. Osborn said the key mover and shaker here was Lenny French. He spent a great deal of his own time getting this organized. With his energy and dedication I guarantee you it will continue to grow. While the whole organization, as well as the chief deserve to be recognized, Lenny deserves special attention for his leadership in this.

Mayor Webster announced the landscaping award winners.

2003 LANDSCAPING AWARD WINNERS

Area #1 – Beacon and Oxford Hill

Kenn Road(north of I-275)

1st Place 677 Coxbury Circle White Family

2nd Place 667 Cedarhill Drive Martha Elder

3rd Place 12031 Kenn Road Enriquez Family

HM 686 Yorkhaven Road Gilmore Family

HM 12025 Bridgeport Lane Ahner Family

HM 12045 Bridgeport Lane Marcum Family

HM 12041 Chardon Lane Bailey Family

HM 12030 Chardon Lane Ethel Robinson/David De Armond

HM 12090 Elkridge Drive De Jesus Family

Area #2 – Springdale Lake Dr., Ray Norris Dr., Glensprings Area (including the five cul-de-sacs)

1st Place 737 Glensprings Drive Sinks Family

2nd Place 11850 Fairsprings Court Judy Compton

3rd Place 11809 Ashmore Court Bassett Family

HM 535 Ray Norrish Drive Brunswick Family

Area #3 – Cloverdale Areas, Smiley, Park, and Allen

West Kemper (west of Route 4)(north side)

Kenn Rd. (south of I-275), S.R. 4 (north of Kemper)

1st Place 496 Cloverdale Avenue Harold Burkholder

2nd Place 467 Cloverdale Avenue Reckner Family

3rd Place 483 Dimmick Avenue Edna Poynter

HM 11638 Kenn Road Grote Family

HM 695 Cloverdale Avenue Blankenship Family

HM 11628 Greenlawn Avenue Knorr Family

Area #4 – Observatory Area, Grandin Area, Baldwin Subdivision,

West Kemper (south side)

1st Place and winner of the Fay Marion Howard Award

563 Lafayette Avenue Otis and Pamela Poindexter

2nd Place 562 Lafayette Avenue Clark Family

3rd Place 518 Lafayette Avenue Daniel Mastrullo

HM 519 Lafayette Avenue Kathryn Crockett

HM 557 Observatory Drive Hoskins Family

HM 577 Observatory Drive Foster Family

HM 388 Glensharon Road Ertel Family

HM 11574 Madison Avenue Cora Damron

Area #5 – Glenview Subdivision, Cameron Road Area

West Sharon Rd., Olde Gate

1st Place 10901 Fallstone Court Davis Family

2nd Place 10960 Fallstone Court Moore Family

3rd Place 486 Vista Glen Swope Family

HM 489 Vista Glen Wolff Family

HM 486 Rockcrest Drive Rhodes Family

HM 457 Rockcrest Drive Hammel Family

HM 263 Centerbury Court Tholt Family

Area #6 – Springdale Terrace Subdivision, Royal Oaks Subdivision

West Kemper, (east of Route 4)

1st Place 203 Harter Avenue Shteiwi Family

2nd Place 11700 Lawnview Avenue Butrum Family

3rd Place 163 Ruskin Drive McDonald Family

HM 123 Silverwood Circle Hannon Family

HM 11825 Lawnview Avenue Rachel Bourne

HM 11704 Van Camp Lane Carr Family

HM 11671 Van Camp Lane Cameron Bourne

HM 11718 Lawnview Avenue Reda Connor

Area #7 - Heritage Hill Subdivision, East Crescentville Rd.

1st Place 865 Tivioli Lane Ralph Paul

2nd Place 979 Pilgrim Place Stover Family

3rd Place 12041 Mallett Drive Stockstill Family

HM 922 Castro Lane Janzen Family

HM 877 Tivoli Lane Farmer Family

HM 11989 Tavel Court Klemas & McKinney Family

HM 815 Ledro Street Dixon Family

HM 1254 Wainwright Drive Birkofer Family

OUSTANDING ACHIEVEMENT IN COMMUNITY BEAUTIFICATION:

403 Vista Glen Ketring Family

MOST LANDSCAPED STREET – VISTA GLEN

BUSINESS AWARDS

First Place Second Place Third Place

Bahama Breeze Mike’s Express Carwash Karlo’s Bistro Italia

325 North Commerce Way 1190 W. Kemper Road 275 Pictoria Drive

Honorable Mention

Princeton Hill Maple Knoll Village Dave & Busters

30 Merchant Street 11100 Springfield Pike 11775 Commons Dr.

(Managed by Collieres)

Clerk of Council/Finance Director – Mr. Knox said I thank Mr. Wilson for commenting on the Financial Report. The Tax Budget has been delivered in a timely manner to Hamilton County. I would like to thank Mr. Williams for all the work he did on that and Mr. Osborn for his guidance in that.

Administrator’s Report – Mr. Osborn said as part of the work by the utilities company last fall on the SR 747 CSX grade separation in anticipation of the project kicking off on the original schedule, Cinergy relocated its pole line on the west side of SR 747 to the west, and relocated all of its wiring. The existing pole line, presently owned by Cinergy, carries the City’s interconnect cable for its traffic signal systems. The proposal we have received from Cinergy to allow us to keep the present location for the interconnect cable and fulfill part of the arrangements in the overall project, which would include the contractor for the grade separation relocating the interconnect cable as part of their costs and removing the poles, is that they will sell us the poles for $1. We see no disadvantage to the City. It will allow us to retain the same type of arrangement for the eventual relocation of the interconnect system and removal of the poles we had in the original contract. I would request a motion of Council that you approve the City Administrator entering into an agreement to purchase those poles from Cinergy for $1. There is some liability with having these poles out there. They are in the public right-of-way. We’d probably have some liability if anything happened around those poles anyway.

Mr. Vanover made the motion to approve and Ms. Pollitt seconded. The motion passed with seven affirmative votes.

Mr. Osborn reported that David Butsch was seriously injured when struck by a vehicle on June 21st. His leg was damaged so badly that they could not perform surgery until just last week. His leg is quite painful and he was readmitted to the hospital today with an infection. The likelihood is that it will be at least twelve weeks before David returns. In his absence Charlie Radeke will be serving as Acting Public Works Director. While we will miss David, we will be able to pick up the slack with Charlie, Debbie Atwood and Tim Green.

Mr. Osborn said the grinding for the East Crescentville Road resurfacing project should have started today. It will be done during the daytime because of the residential nature of our side of the street. The paving is expected to start just about the time the bridge over I-275 closes for reconstruction.

Law Director’s Report - no report

Engineer’s Report - no report

COMMUNICATIONS

Mr. Knox read a card addressed to Mayor, City Council and the City Administration: "Please excuse the delay in this thank you as I was busy enjoying retirement. Seriously, thank you all. Thank you for taking the time from your meeting and listening to me ramble on about the past twenty years at the Fire Department. Thank you for your comments. They were truly appreciated. Thank you for your cooperation, your listening and providing us with everything necessary to build the best fire department in the area. We tried our best. Especially thanks to Cecil for giving me the opportunity and providing the leadership necessary for me to do my job. Thanks again. Bob Posega"

COMMUNICATIONS FROM THE AUDIENCE - none

ORDINANCE NO. 24 -2003 "AUTHORIZING THE CITY OF SPRINGDALE’S PARTICIPATION IN THE MIAMI VALLEY RISK MANAGEMENT ASSOCIATION (MVRMA) WORKERS’ COMPENSATION GROUP RATING PLAN FOR 2004 AND DECLARING AN EMERGENCY"

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

Mr. Parham said on June 13 I forwarded a memorandum outlining the program and indicating that there is very little change in the governmental agreement relative to what we’ve signed in recent years. I had indicated that it had been a great benefit for Springdale to be a member of the Group Rating Plan with MVRMA. In the third Whereas it says, "through participating in this group rating program the City of Springdale has experienced substantial savings in Workers Comp premiums in past years." Over the past couple of years we have been very fortunate in that the State has been providing discounts to all public employers, and the last couple of years they have averaged around 75%. Our premium in 2003, which was part of our 2002 experience, was $40,000. After I share with you what our projected premiums will be for the next two years you’ll have an appreciation of what that number possibly could have been. For 2003, the current program we are in right now (that we’ll make payments on premiums in 2004), the overall group had experienced about a 33.5% savings. If we were not a part of this organization, our premium would have been $170,429. Because we are part of the group, our premium for next year is anticipated to be $75,573. They are estimating the 2004 program that will be paid in 2005 with two scenarios, one without one of the member cities. Without that community the group would experience 30% savings. Our individual premium would be $194,000. As part of the group our premium is $102,000. You have to remember we are not receiving those discounts any longer. If that community is allowed to participate the savings will be about 26%. Our group premium would be $116,000. You would probably ask why we would allow that community to participate. A couple of years ago we were in a situation where they could have put us out of the program and out of the group. Because all of the cities who are participating are MVRMA members, we try to be lenient with our members and also try to recognize that each of us may go through that period where we have bad years, so it gives us the opportunity to implement some risk management policies and practices in order to improve upon our premiums. A couple of years ago we were not in a good situation. We are a little better today and over the last two years. Right now they anticipate our rating experience will remain pretty good. You never know when you will have that Workers Comp claim that will hit you pretty hard.

Ordinance 24-2003 passed with seven affirmative votes.

ORDINANCE NO. 26-2003 "AMENDING THE ZONING CODE AND ZONING MAP OF THE CITY OF SPRINGDALE, OHIO, TO PROVIDE FOR THE REZONING OF APPROXIMATELY 5.658 ACRES LOCATED ON THE WEST SIDE OF SPRINGFIELD PIKE APPROXIMATELY 400 FEET NORTH OF WEST SHARON ROAD FROM APPROXIMATELY 1 ACRE ZONED RESIDENTIAL SINGLE-HOUSEHOLD-LOW DENSITY (RSH-L) AND APPROXIMATELY 4.68 ACRES ZONED GENERAL BUSINESS (GB) TO PUBLIC FACILITIES-MEDIUM DENSITY (PF-M) (CMHA SENIOR HOUSING COMPLEX)"

First reading.

ORDINANCE NO. 27-2003 "AMENDING THE ZONING CODE AND ZONING MAP OF THE CITY OF SPRINGDALE, OHIO, TO PROVIDE FOR THE REZONING OF APPROXIMATELY 135.7 ACRES LOCATED AT THE SOUTHEAST CORNER OF PRINCETON PIKE AND EAST CRESCENTVILLE ROAD FROM 35.5 ACRES OF GENERAL BUSINESS (GB), 54.5 ACRES OF OFFICE BUILDING (OB) AND 46.2 ACRES OF RESIDENTIAL MULTI-HOUSEHOLD-LOW DENSITY (RMH-L) TO PLANNED UNIT DEVELOPMENT (PUD) (GEEAA PARK/CROSSINGS AT THE PARK)"

First reading.

ORDINANCE NO. 28-2003 "APPROVING THE PRELIMINARY DEVELOPMENT PLAN (PUD) OF APPROXIMATELY 135.7 ACRES LOCATED AT THE SOUTHEAST CORNER OF PRINCETON PIKE AND EAST CRESCENTVILLE ROAD (GEEAA PARK/CROSSINGS AT THE PARK)"

First reading.

Mr. Galster said listening to these ordinances on GE Park you think 135 acres and this is a big development project. Even though it’s a lot of acres, not all this acreage is being developed in this PUD plan. The golf course stays the way it is. There is possible retail along SR 747 and the PUD is more for the senior housing by the railroad tracks.

Mr. Danbury asked is there any possible way the City may be able to acquire a portion of that land for a substation?

Mr. Galster answered I would defer to the Finance Committee or Administration but once you get past the area that they are selling off, everything else is the park. I don’t see that as a possibility.

Mr. Vanover stated there might be a remote possibility in the area termed retail.

ORDINANCE NO. 29-2003 "AMENDING SECTION 72.40 OF THE CODIFIED ORDINANCES OF THE CITY OF SPRINGDALE, OHIO, EFFECTIVE IMMEDIATELY, TO REFLECT THE STATE OF OHIO’S REDUCTION IN THE LEGAL ALCOHOL LIMIT FOR OPERATING A MOTOR VEHICLE, AND DECLARING AN EMERGENCY "

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

Ordinance 29-2003 passed with seven affirmative votes.

ORDINANCE NO. 30-2003 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO APPROVE A CHANGE ORDER IN THE AMOUNT OF $26,950.00 ON THE EAST KEMPER ROAD PHASE II PROJECT"

Mr. Vanover made a motion to adopt and Ms. Pollitt seconded.

Ordinance 30-2003 passed with seven affirmative votes.

At the request of the Administration, Mr. Vanover made a motion to add an emergency clause to Ordinance 31-2003 and Mr. Squires seconded. The motion passed with seven affirmative votes.

ORDINANCE NO. 31-2003 "AMENDING SECTION 90.15: VICIOUS DOGS OF THE CODIFIED ORDINANCES OF THE CITY OF SPRINGDALE"

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

Mayor Webster said this is needed to bring our Code of Ordinances into sync with the Ohio Revised Code. This is a very serious thing. I think it’s terrible if anyone gets bit, especially a child in the City, but within the last few months we have had two police officers who have been bitten by animals in the City. That’s totally unacceptable. I’m glad to see the State enact this and I would strongly urge Council to bring our Code into sync with this, and I’d like to impress upon everyone out there to keep their animals under control. I’d also like to ask them to abide by our ordinance that limits the number of pets that you are legally entitled to maintain in your home or yard at two. If you have a viscous animal, there is another section of the Code that applies to that in addition to the $100,000. We have to stop the dog bites in the City.

Mr. Danbury said we had an issue years ago about invisible fences. Would we consider invisible fence as securely restrained?

Mr. Schneider said the section you referred to is beyond the fence. I believe there is another section in the code that refers to viscous dogs.

Mr. Osborn stated there is another section of the code that deals with viscous animals. Someone having a dog that meets that description must construct an area to contain them with a fence six feet or higher. The fence has to be buried a foot in the ground. There has to be a floor in the caged area.

Mr. Danbury asked if a dog were to attack somebody and that person killed the dog, would they be liable for a lawsuit?

Mr. Schneider replied a person has a right to defend himself against attack by any dog, viscous or otherwise. If they were to kill the dog that could be reasonable restraint. Yes, they can be sued. Would an insurance company pay for that? I’m not sure. There is a provision for protecting animals as well as humans, so there could be a suit.

Ms. Pollitt reported I read in the paper that some communities are going to a stricter set of codes than what we have here. One of the recommendations is that no one under the age of eighteen be allowed to walk a dog that’s considered viscous. They have to be registered with the City as having a viscous dog and the dog has to be tattoed for identification purposes. Also, the six-foot pen had to have an enclosure over it.

Mr. Osborn responded we can certainly take that back to the Police Department. I think those are good suggestions.

Mr. Vanover asked does this legislation have a gradient scale for a multiple offender? I’m of the Barbara Woodhouse philosophy that there are more bad dog owners than bad dogs.

Mr. Schneider replied paragraph F provides for this and also for the right to require insurance for repeat offenses.

Mr. Danbury said getting back to the definition of a viscous dog, I was wondering if we could get some guidance from Dr. Ketring. We may want to add Rottweilers because I’ve heard they are very dangerous as well. How much time would we give people to comply?

Mr. Osborn said under paragraph 2.C it calls out some standard breeds typically identified as pit bulls. I would suggest that we not broaden out that definition primarily because to define that animal as a viscous animal has held up in court. I think if we start adding other breeds to that list it would make our ordinance subject to challenge. There is a provision for other aggressive animals. I don’t think anybody is grandfathered. We will take action as soon as we have a need to. It comes up as a result of a neighbor complaint or a police officer having confrontation. We promptly take the information to them and give them a short period of time to get into compliance. So far this summer we have had one or two incidents. They were tenants and when we approached them about the situation, they moved out of the city.

Ms. Pollitt asked do you know how many viscous animals we have living in the City?

Mr. Osborn replied no, we do not currently have a registration program like you mentioned.

Mr. Wilson said I will be abstaining from this. When you talk about liability insurance, most homeowners and renters have $100,000 worth of liability. However, most insurance companies exclude viscous dogs. The State obviously didn’t consider the insurance industry. Until someone in the insurance industry attaches a rider stating that viscous dogs are covered and assesses a premium, I question why we’re doing that.

Mr. Osborn responded we are doing this to protect the interests of innocent victims in our community. There’s always a way to buy insurance if you want to pay enough. I think the State used a lot of foresight in introducing this law because, in many cases we find that the people who own these animals are not long-term residents of the community, and they would be hard to track down in order to make recovery if there is a liability situation.

Mayor Webster said the insurance agencies probably have as big a lobby as anybody else in Columbus. I would assume that they probably had some input into this. As more communities adopt this, it will put pressure on the industry to provide some type of coverage. It might be sky high but I think you will see more companies offer it. I think we need to keep our ordinance in sync with the State. I think it’s a good ordinance. We have six to eight dog bites a year. All those aren’t viscous animals but we do have some designated viscous dogs in the City and I think people need to buy the insurance or they need to get rid of the dog or find another place to live that doesn’t have this ordinance in place.

Mr. Squires stated if a person doesn’t have liability insurance, they should have to establish liability in an equal amount.

Ordinance 31-2002 passed with six affirmative votes. Mr. Wilson abstained.

ORDINANCE NO. 32-2002 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO TRAFFIC SIGNAL AGREEMENT AMENDMENTS REGARDING TRAFFIC SIGNAL MAINTENANCE ON STATE ROUTES 4 AND 747, AND DECLARING AN EMERGENCY"

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

Mr. Osborn said there should have been two exhibits attached because there are two different agreements, one for SR 4 and one for SR 747. The one attached is for SR 747, and the one for SR 4 is an exact duplicate. In 1992 we entered into an agreement with the Ohio Department of Transportation to maintain two traffic signals on SR 747. In 1996 we added a second agreement for two signals on SR 4 and a third signal on SR 747. There are now five signals owned by the State but operated and maintained by the City within the limited access right-of-way by I-275. Under the agreement we have had in place since 1992, the State of Ohio pays the City $2,000 annually for the maintenance of those signals. In addition, they are fully responsible for the energy that it takes to operate those signals. The language that is being added to the agreement with this renewal strongly benefits the City as it provides for the State to take responsibility for the cost on any signal repair that exceeds $5,000 for a single signal. That clearly is a benefit to us and I strongly recommend that Council authorize the execution of the new documents.

Ordinance 32-2003 passed with seven affirmative votes.

ORDINANCE NO. 33-2003 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO FILE A DRUG ABUSE RESISTANCE EDUCATION (DARE) GRANTS PROGRAM APPLICATION AND TO ENTER INTO AN AGREEMENT WITH THE OHIO ATTORNEY GENERAL, BETTY MONTGOMERY, TO CONTINUE A DARE PROGRAM AND DECLARING AN EMERGENCY"

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

Mr. Osborn stated I’m sure you are all familiar with the DARE program and that Officer Witte is our current DARE officer. Under this application we’re applying for 50% of the cost for the DARE officer during that school year period when Officer Witte performs those duties. We’re applying for $18,000 this year. Your adopting this tonight will allow us to submit the application in a timely manner.

Mr. Squires said thanks to the Administration for applying for this grant. There are some cities that are getting rid of this program. I personally think it’s a mistake. Jeff Witte and his staff do a tremendous job with these young people. I have been privileged to attend many DARE graduations and it has been a distinct pleasure to sit in that auditorium and see the seriousness with which these young people approach this issue.

Ordinance 33-2003 passed with seven affirmative votes.

OLD BUSINESS

Mr. Galster said I want to offer my appreciation and congratulations to the Rec Center staff for the way they handled the Spirit of Springdale as it unfolded. They evacuated the premises and got everybody home. I thought it was extremely well done.

Mr. Osborn stated I would also like to recognize the Police Department under the leadership of Chief Laage for the way they handled the evacuation of that area in such a safe manner. It was well thought out. It was handled as events unfolded and very quickly they came up with a solution where they moved several hundred people into the Community Center that were scheduled to ride shuttle buses. They did that to get them out of the way. They quickly tried to move the people parked in the lots near the center onto the public right-of-way. Once that area was cleared out they brought the buses up to the Community Center and called people out by route number. Everyone cooperated, all the residents were very patient. I thought the response by the police and recreation staff was excellently performed.

Mrs. McNear said since I reported this several meetings ago the power in the Springdale Lake area has been out. It was out again last night. If we could please continue to put pressure on Cinergy to change out the underwire cables for that area it would be most appreciated. We have lost power twice since I reported this several meetings ago. It seems we have had a little bit of relief since they put the new transmitter in the apartments at Mallard Lake.

Mayor Webster said last night it was out three times. It was out at 4:00, 6:30 and 8:00.

Mr. Osborn reported until his injury David Butsch was following up on that pretty aggressively. He had several contacts with the folks at Cinergy. I was going to get with Mr. Shuler after the meeting. They do have electrical engineers on their staff, and perhaps we should spend a little money and have a professional converse with the folks at Cinergy. We understand that the cable in that area is direct buried and over time is beginning to fail. That’s what’s causing these outages. They probably have some sort of criteria to follow. We’ll try to work through the City Engineer’s office and aggressively pursue encouraging CG&E to make the necessary repairs to reduce the number of outages.

NEW BUSINESS

MEETINGS AND ANNOUNCEMENTS

Board of Zoning Appeals - August 19

Planning Commission - August 12

Mr. Knox said we have two applications for liquor licenses; a new one for Pappadeaux’s Seafood Kitchen and a transfer for the Sunoco Station on SR 747. There were no objections.

COMMUNICATIONS FROM THE AUDIENCE - none

UPDATE ON LEGISLATION STILL IN DEVELOPMENT

Ordinance 26-2003 public hearing - August 20

Ordinance 27-2003 public hearing - August 20

Ordinance 28-2003 public hearing - August 20

RECAP OF LEGISLATIVE ITEMS REQUESTED

Tax bills not paid-no permit - August 20

Council adjourned at 8:58 p.m.

Respectfully submitted,

 

 

 

Edward F. Knox

Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council

 

 

__________________________, 2003