President of Council Kathy McNear called Council to order on July 20, 2005, 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 June 15, 2005 were approved with six affirmative votes. Mr. Squires abstained.

 

            PRESENTATION OF KIWANIS SCHOLARSHIPS

 

            Hal Rink, Kiwanis Club, said this is our twenty-eighth year of giving scholarships.  To date $168,000 in scholarships has been awarded to Springdale residents by the Kiwanis Club.  We dedicate this year’s scholarships to one of our former leaders who passed away, Don Garrett.  Mr. Rink said Joshua Foster will be going to Campbellsville University.  Marissa Staples wants to be a photojournalist and will be going to Eastern Michigan.  Mr. Rink said the checks will be for $1,500 instead of the $1,000 originally granted. 

 

RESOLUTION R10-2005 “COMMENDING JOSHUA FOSTER FOR HIS RECOGNITION AS A SPRINGDALE KIWANIS SCHOLARSHIP WINNER”

 

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

 

Resolution R10-2005 passed with seven affirmative votes.

 

RESOLUTION R11-2005 “COMMENDING MARISSA STAPLES FOR HER RECOGNITION AS A SPRINGDALE KIWANIS SCHOLARSHIP WINNER”

 

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

 

Resolution R11-2005 passed with seven affirmative votes.

 

Mr. Danbury said I would like to thank Kiwanis for their outstanding support to the community.   Congratulations to the students.

 

Mayor Webster said thank you Kiwanians for your dedication to the City.   I’ve heard some rumors that this may be the last year for active Kiwanians in Springdale.  I hope it’s not true but if it is, you will be sorely missed in the community.

 

Ms. Pollitt, Mr. Squires, Mrs. McNear and Mr. Galster expressed their congratulations to the students and thanks to the Kiwanis Club.

 

RESOLUTION R12-2005 COMMENDING THE SPRING 2005 SPRINGDALE OBNOXIOUS TURTLES SOCCER TEAM FOR ITS OUTSTANDING SEASON AND BEING TOURNAMENT CHAMPIONS”

 

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

 

Mr. Galster asked coaches KT, Chad and Nancy to come down and help introduce the kids.  Mr. Galster said the only regular season loss came to the other Springdale soccer team, who also made the tournament finals.

 

Resolution R13-2005 passed with seven affirmative votes.

 

RESOLUTION R13-2005 COMMENDING BRETT BOSEL FOR WINNING THE PEPSI PITCH, HIT AND RUN CONTEST, 8 YEARS AND UNDER DIVISION, REGIONAL CHAMPIONSHIP”

 

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

 

Mr. Danbury said I have known Brett for a couple of years.  Brett competed in three events at Great American Ballpark.  Out of a three-state region of eight year olds and younger, they announced Brett was the winner of the Pepsi Pitch, Hit and Run competition.

 

Ms. Pollitt and Mr. Vanover offered their congratulations.

 

            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 Brock and Sons Construction has been awarded the 2005 street program.  Construction is expected to be July to late October. 

                                                                                           

Public Utilities                                                                          no report

                                                                                           

Capital Improvements – Mr. Danbury said the bridge construction for CSX is underway with the completion of the bridge and switching of the railroad tracks to permanent alignment to be done by the end of October.  The grading work of the I-275 ramps has started.  The switchover to temporary Progress Place has been completed.  The completion date is projected for late 2006.  The bid opening was held on the Streetscape Phase II.  The estimated cost is $650,000.  The low bidder was Bansell Construction at $619,000.  Construction will begin late this summer.  Bids have been awarded to Zero Base Breeze Construction.  Construction will begin late this month to be completed in early September.    OPWC funding for $1.1 million has been awarded for the Kemper Road Phase III project.  The estimated construction is $2.3 million.  The preliminary bridge plans have been submitted to CSX and right-of-way plans will be completed in mid September.  Construction will start next February.  The Chamberlain Park retaining wall reconstruction plans are out to bid. 

 

Mr. Danbury said so many people have commented on how much better the ball diamonds are at the Community Center. 

 

Mayor Webster said we will be starting field 3 as soon as the women’s tournament is over.  We’ll probably try to get the others next year.

                                                                                           

Finance Committee                                                                no report

                                                                                           

Planning Commission -  Mr. Galster said a canopy addition and exterior facade alterations at Kemper Square, 107-139 West Kemper Road were approved.  The dental office at 311 West Kemper Road was granted final plan approval.  Exterior façade alterations for a carpet outlet at the former Bing’s, 11649 Springfield Pike was tabled.  A zoning map amendment and preliminary PUD for the town center on Springfield Pike was approved and will be on the August Council agenda.

                                                                                           

Board of Zoning Appeals                                                         no report

Board of Health                                                                        no report

 

Veteran’s Memorial Committee – Mr. Wilson said they had a short meeting tonight to discuss the possibility of another source to help raise funds for the memorial.  I would like to thank Mrs. McNear, Ms. Pollitt and Mr. Tulloch for assisting us at the Spirit of Springdale festival.

 

O-K-I                                                                                        no report

 

Mayor’s Report – Mayor Webster said I was just requested to issue a proclamation for Muscular Dystrophy for the entire month of August. 

 

Mayor Webster said I have a letter from Dusty Rhodes about the re-evaluation of property.  From the aggregate total it appears that the value of real estate in Springdale will increase 7.67 percent, which should increase real estate taxes $85,000.  A call I received last evening was from a resident who felt the evaluation was too high.  If you think you have been unjustly evaluated, we encourage you to call the Auditor’s office and participate in the review process.

 

Mayor Webster asked for an executive session.

                                                                                           

Clerk of Council/Finance Director                                           no report

 

Administrator’s Report – Mr. Osborn stated this August marks the 199th anniversary of our community, tracing our history from the creation of the Baldwin Subdivision by John Baldwin in August 1806.  We had settlers in this region well before that.   The Presbyterian Church dates back to the early 1790s.  In order to try to begin recognition of our bi-centennial year in 2006 we would like to have a dedication of the clock that has recently been installed at the corner of Springfield Pike and West Kemper Road.  On the clock are the words “Established 1806 – Springdale.”  The cost of the project including the fieldstone wall was $26,000.  It really helps that part of our community stand out.  Phase II of the Springfield streetscape program is about ready to get underway.  The retail development we are proposing will stimulate that area.

 

Mr. Osborn continued the Beaver Run gabion wall repair bid opening will be August 2.  We need to bring the recommendation and ordinance in on the same evening.  This is not a budgeted item.  It came up between Christmas and New Year’s.  We were guessing it would be about $60,000, but it looks like it will be between $115,000 and $160,000.

 

Mr. Osborn said the contract for the streetscape program came in at $619,868 and that was something we were glad to see.  In the latter part of 2004 we had to make an escrow deposit of $74,858 to secure our commitment for that project.  Once the bids were awarded ODOT drew down $41,708, their best estimate of what our share should be, and released the escrow amount of $33,150 back to the City.   

 

Mr. Parham reported we continue to have discussions with ODOT relative to the installation of sound walls.  We have now learned that there is potential for multi-family units to have a say as to whether sound walls will be constructed in front of their properties.  The Willows of Springdale has indicated to ODOT that they do not wish to have the walls constructed in front of their facility.  The wall would only appear in front of The Willows and our park in that area.  If they are not going to put the walls in front of The Willows it makes no sense to put them in front of the park.  The other location is The Knolls Apartments and Condominiums.  The apartments have indicated that they do not wish to have the walls in front of them, but the condominiums will receive the walls.  On the northern side, Mallard Lakes does not have a problem with the walls.  Their only problem is the visibility of their sign on I-275.  Starting at the western side of the community, the walls will be at the corporation line and end at Temple Baptist Church on the north side.  The second location would be at Mallard Lakes and end at the Glenmary property.  On the southern end the walls will start in Forest Park and go to the Kenn Road overpass.  They will pick up at Kenn east of the overpass and continue to The Knolls Condominiums.   They will pick up again at the Springdale Terrace just east of Applebee’s and run to SR 747.  I think I talked to you about Daysprings in Forest Park that they were talking about cornering off that section.  ODOT is going to extend the wall on Dayspring’s property because when they turn the corner they get into right-of-way issues.  They believe the walls and abatement of noise will work fine to protect those homes in that area.

 

Mayor Webster said we will have two sections of walls on the north side and two on the south side.  The only one that raises a level of concern is the one that starts at Temple Baptist.  That will be one continuous wall up the hill into Forest Park.  That’s probably ½ to ¾ mile.  There will be a corresponding wall on the south side in Forest Park.  The only saving grace there to the canyon effect is that part of that Forest Park wall will be on the hill. 

 

Mr. Danbury asked once the walls are in place, if new management comes into one of the multi-residential areas, can they get the walls if they want them?

 

Mr. Parham said right now the State is trying to finalize their designs.  I believe ODOT will take the position that they will go with what they have, because they will be putting it out to bid for contractors to bid on.  There’s always the possibility of an add-on.

 

Mr. Danbury asked if you have a 90 foot embankment, would ten more feet help out?  I don’t see how that could affect the quality of the sound.

 

Mr. Shuler responded you are probably right.  It wouldn’t have the same impact but it would have some for those residents on top of that hill, and that is what they are trying to protect. 

 

Ms. Pollitt said there is a motel next to Applebee’s. Do they have the same option of whether they want the walls or not?

 

Mr. Parham replied they are trying to avoid any confrontation with a business that needs visibility so there will not be a wall there. 

 

Mayor Webster said I want to get back to Mr. Osborn’s report on the bicentennial.  We would like for any elected officials to attend the clock dedication, but we would really like you to concentrate your efforts on what you would like to see us do for the bicentennial next year.  Maybe we could have that as a topic on the agenda next month. 

                                                                                           

Law Director’s Report                                                             no report

Engineer’s Report                                                                   no report

 

            COMMUNICATIONS                                       -                       none

 

            COMMUNICATIONS FROM THE AUDIENCE -                     none

 

            ORDINANCES AND RESOLUTIONS

 

ORDINANCE NO. 32-2005  “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT WITH CDS ASSOCIATES FOR PREPARATION OF THE CONTRACT DOCUMENTS AND CONSTRUCTION DRAWINGS, PROVIDING BIDDING ASSISTANCE AND CONSTRUCTION ADMINISTRATION SERVICE FOR THE FIRE STATION HVAC REPLACEMENT PROJECT AND DECLARING AN EMERGENCY”

 

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

 

Mr. Osborn said we have $50,000 in the budget for this design.  The structure is thirty years old now.   The equipment is truly in need of replacement.   The City had also requested CDS to do a cost benefit assessment of alternatives for the replacement.  We didn’t pick the highest efficiency because primarily, when you look at the upfront cost of installing versus the reduction in projected utility cost, it didn’t balance out.  The specific work to be done is to replace the existing multi-zone air handling unit and associated condensing units; replace the three boilers with two boilers; pumps; replace air handling for training room and associated condensing unit; new gas fired infrared heating for apparatus bay; and new packaged unit for the kitchen.  I think the approach we are taking here will increase efficiency in terms of energy costs and still be appropriate for a project of this type.

 

Ordinance 32-2005 passed with seven affirmative votes.

 

ORDINANCE NO. 33-2005 “AMENDING SECTION 90.15: VICIOUS DOGS OF THE CODIFIED ORDINANCES OF THE CITY OF SPRINGDALE

 

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

 

Mr. Osborn said this is a response to a Supreme Court decision of the State of Ohio.  That court case did not strike down the naming of specific breeds as vicious animals.  It did not strike down the ability of a jurisdiction to require a posting of a bond if you are going to house or raise those types of animals.  All it did was require that jurisdictions provide an administrative appeal to the determination that the dog is vicious.  If you look at your exhibits you will see that paragraphs F, G and H are new language, and those are the provisions that created the appeal process.   I believe the intent here is to have our magistrate serve as that referee during an administrative appeal.  Jeff Forbes drafted this and did the research if you have any questions.

 

Mr. Danbury said, on Exhibit A, under B, it says “no person owning or harboring or having care of a vicious dog shall suffer or permit . . . unless it is muzzled or otherwise securely restrained.”  I have noticed in different places I have been, a pit bull being handled by a ten year old.  Is this strong enough that we can outlaw this?

 

Mr. Forbes said your concern is this language about “otherwise securely restrained.” You have to approach it on a case by case basis.  Is a pit bull held on a leash by a ten year old sufficient?  I think what they are really talking about here is something more than that.  I think the intent when you look at this is “in cages.” 

 

Mr. Danbury said it is open for interpretation.  It doesn’t go specifically at the bull terrier because it could be any kind of dog.  We have had vicious dogs here that were cocker spaniels. 

 

Mr. Forbes responded it mirrors the language of the Ohio state law.  It doesn’t mean we can’t differ from that.  Our office can look at that and see if there is other appropriate language we could propose to Council.

 

Mr. Osborn said I think you have to put a lot more weight on “leashed and muzzled”.  A dog of this type out in public without a muzzle is clearly in violation.  I guess you have to question whether leashed and muzzled in the care of a ten year old is really secure.  There are other dogs that are determined to be vicious.  I think the only thing that has really caused us to stop enforcing this law was the appeal process.  We have effectively used that ordinance without the appeal process for some number of years and successfully ordered the removal of numerous vicious animals.  I don’t know if there is a need to go on to more specific language but we can if you choose to.

 

Mayor Webster said, Mr. Danbury, I understand what you are saying, but one ten year old may be strong enough to handle the dog, another one wouldn’t.  Do you strictly gear it by age or the weight of the person or strength of the person?  I think that’s a slippery slope to start down. 

 

Mr. Danbury said that’s absolutely true but you may have a four year old.  The dog is on a leash.  Kids five years old want to try to control the dog.  If the dog sees something it wants, it goes after it.

 

Mayor Webster responded in that case it is not securely restrained.  That would put it in violation.  Unfortunately, it would probably bite somebody. 

 

Mr. Osborn answered my question when he said the dog must be “leashed and muzzled.”

 

Ms. Pollitt said a lady came to Council three months ago complaining about a pit bull living in our neighborhood.  Do the Police ask for proof of insurance?

 

Mr. Osborn answered if there has been a report of a dog that is classified as vicious, a police officer will respond to the residence and indicate that there has been indication that they possess a dog that would be considered vicious under our law.  They first verify the nature of the dog, then ask how it is housed and do you have your insurance in place.

 

Mr. Forbes said after that Supreme Court case came down it was at the advice of the Law Director’s Office that we stop enforcing what we had until we had a chance to make some amendments to get the ordinance back to where it would survive a constitutional challenge.  That’s what we are doing tonight. 

 

Ordinance 33-2005 passed with seven affirmative votes.

 

ORDINANCE NO. 34-2005 “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, JIM PETRO, TO CONTINUE A DARE PROGRAM AND DECLARING AN EMERGENCY”

 

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

 

Mr. Squires said Officer Witte does an outstanding job with our young people. I urge Council to approve this ordinance.

Mr. Osborn said the reason for the emergency clause is that the application is due August 5th.  We have been very successful in previous years with this same application.  Officer Witte does an excellent job putting together the proposal.  Last year we received more than $16,000 towards the cost of providing the DARE officer.  That is about fifty percent of the salary.

Ordinance 34-2005 passed with seven affirmative votes.

ORDINANCE NO. 37-2005AUTHORIZING THE CITY OF SPRINGDALE’S PARTICIPATION IN THE MIAMI VALLEY RISK MANAGEMENT ASSOCIATION (MVRMA) WORKERS’ COMPENSATION GROUP RATING PLAN FOR 2006 AND DECLARING AN EMERGENCY AUTHORIZING THE CITY OF SPRINGDALE’S PARTICIPATION IN THE MIAMI VALLEY RISK MANAGEMENT ASSOCIATION (MVRMA) WORKERS’ COMPENSATION GROUP RATING PLAN FOR 2006 AND DECLARING AN EMERGENCY”

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

Mr. Parham said we have participated in this group rating program with other members of MVRMA since 1993 and it has been very beneficial.  Over the next couple of years it will be even more important for our organization to be able to participate in the group.  A number of changes at the bureau such as not providing discounts and the administration of claims seem to benefit a lot of employers, but we are not necessarily seeing that in our group.  I do encourage our participation in this group.

            Ordinance 37-2005 passed with seven affirmative votes.

 

OLD BUSINESS

 

Mr. Danbury said a resident said he saw a couple of coyotes around Rose and Dimmick in the last week.

 

Mr. Danbury asked do we have any design plans for the elementary school?  I went on Princeton’s web site and saw a rendering and I was wondering if we could link to the City’s web site.

 

Mr. Galster stated we don’t have anything on line.

 

Mayor Webster said if anyone sees coyotes please tell them to report it to the Police Department.  We have not had too many reported.

 

Mr. Osborn said we will contact the Board of Education and see if they can’t e-mail us an electronic file that we can tag onto our web site.

 

            NEW BUSINESS                                                        -                       none

 

            MEETINGS AND ANNOUNCEMENTS

 

            Board of Zoning Appeals                                             -                       August 16

            Planning Commission                                                            -                       August 9

            Ladies Softball Tournament                                        -                       this weekend

            City Garage Sale                                                         -                       August 13

                       

COMMUNICATIONS FROM THE AUDIENCE            -                       none

 

Mr. Danbury made a motion that Council go into executive session as a meeting of the whole to discuss possible real estate matters.   Mr. Galster seconded.  The motion passed with seven affirmative votes.

 

Council went into executive session at 8:35 p.m. and reconvened at 8:50 p.m.

 

UPDATE ON LEGISLATION STILL IN DEVELOPMENT       -           none

 

RECAP OF LEGISLATIVE ITEMS REQUESTED

 

Public hearing – Amending Zoning Code (Springdale Town Center)  - August 17

Approving PUD (Springdale Town Center)                 -                       August 17

 

Council adjourned at 8:55 p.m.

 

                                                                        Respectfully submitted,

 

 

 

                                                                        Kathy McNear

                                                                        Acting Clerk of Council/Finance Director

 

Minutes Approved:

 

Kathy McNear, President of Council

 

 

__________________________, 2005