President of Council Kathy McNear called Council to order on August 18,2004 , at 7:02p.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, Pollitt, Squires, Wilson and McNear. Mr. Danbury and Mr. Vanover were absent.

The minutes of July 21, 2004 were approved with four affirmative votes. Mr. Wilson abstained.

RESOLUTION R22-2004 "COMMENDING KIMBERLY ZINNECKER FOR HER RECOGNITION AS A SPRINGDALE KIWANIS SCHOLARSHIP WINNER"

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

Mr. Squires stated Kimberly Zinnecker is also the winner of the Springdale/Forest Park Lions Club scholarship and another scholarship. We wish you the best, Kimberly,

Mr. Galster said I wanted to comment not only on your academic achievements but the involvement you have had within the City of Springdale. For the past four or five years I know you filled in at the concession stand at the Community Center when they needed someone to work. Also, I noticed you working on the grounds at the Community Center and you were a hard worker. Congratulations on your accomplishments.

Mayor Webster said we appreciate all you’ve done for the community and certainly also appreciate the tremendous effort your parents have put forth in contributing to the youth of Springdale.

Resolution R22-2004 passed with five affirmative votes.

RESOLUTION R23-2004 "COMMENDING ASHA LAMBERT FOR HER RECOGNITION AS A SPRINGDALE KIWANIS SCHOLARSHIP WINNER"

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

Ms. Pollitt said working at the University of Cincinnati I know that academics are so important and I know that you have worked very hard to get where you are today. I wish you both the best.

Mayor Webster said I’m sure you have worked very hard to be recognized by the Kiwanis Club. Please accept our congratulations.

Resolution R23-2004 passed with five affirmative votes.

Hal Rink, Springdale Kiwanis Club resented the scholarship checks to Ms. Zinnecker and Ms. Lambert.

COMMITTEE AND OFFICIAL REPORTS

Civil Service Commission – Mr. Strange reported we have been working on the hiring flow charts and expect to have approval at the next meeting. We had a spirited discussion about adding some background investigative language to our Civil Service rules. We acknowledged quite a bit of correspondence from the City as well as correspondence from applicants. We were informed by the City that we needed to establish a time line for an open position for violations bureau clerk. We were informed of the City’s intent to fill the vacant assistant fire chief position.

Rules and Laws - no report

Public Relations - no report

Public Health, Safety & Welfare - no report

Public Works – Mr. Wilson said the bid opening for the 2004 street program was July 13 and the contract was awarded to Adleta Construction. The work should be completed by mid November.

Public Utilities - no report

Capital Improvements – Mr. Wilson reported the SR 747 CSX grade separation water main installation across SR 747 in the vicinity of Progress Place is scheduled to take place the week of August 16. Construction of a temporary roadway is scheduled to start in mid August and traffic should be detoured to the temporary road by late September. The construction has started for the Fire Department renovation and the showers are now out of service. The project is scheduled to be completed in early September. Preliminary plans have been completed for the SR 4 streetscape. Final plans are to be delivered to ODOT in February 2005 with construction beginning late summer 2005.

Finance Committee - no report

Planning Commission - no report

Board of Zoning Appeals – Mr. Squires reported that the request for 257 West Kemper Road to allow construction of a 24’ x 24’ utility building was denied. The resident was not in attendance. The second request was for a variance to allow the construction of an 1875 square foot single family residence and a rear yard setback of 36 feet. There were two lots involved; one 100 feet wide and one 25 feet wide. The board insisted that the lots be combined into one lot. The variances were granted.

Mayor Webster stated that a utility building has already been constructed at 257 West Kemper Road. It conforms to code and does not need a variance. That’s probably why they chose not to come back to BZA.

Mr. Galster said there was no connecting door from the garage. It’s nice to know they built within code.

Board of Health - no report

Veteran’s Memorial Committee – Mr. Wilson reported that on August 28, the Cure for Kids Cystic Fibrosis Children’s Association with Children’s Hospital and in coordination with the Springdale Veteran’s Memorial will be sponsoring their fourth annual Cure for Kids at the Community Center. The overage from the proceeds will be shared between the Cure our Kids and Springdale Veteran’s Memorial. Mr. Galster reported that there was an article in the Tri-County Press today in reference to the yellow ribbon magnets that the Veteran’s Memorial Committee is using as a fund raiser.

O-K-I – Mr. Knox said he was sent a CD which has the OKI 2030 regional transit plan updates. The CD is available in the Clerk’s office. At the meeting of August 12, the executive committee voted on additions to the transportation improvement programs. Number 15 is for a project on SR 747 from two-tenths of a mile north of Crescentville Road to two-tenths of a mile south of Crescentville Road to add left and right turn lanes on various legs at the Crescentville intersection at a total cost of $2,226,500. The City will pay a very small amount of that. The preliminary engineering is scheduled for 2005. Final construction will be in 2008.

Mayor’s Report – Mayor Webster said Resolution R21-2004 is on the agenda tonight to confirm my appointment to Planning Commission. I have a candidate who will be attending the training session on August 30. Hopefully, I will have that appointment for you at the first meeting in September.

Mr. Galster made a motion to table Resolution R21-2004 and Mr. Wilson seconded. The motion passed with five affirmative votes.

Clerk of Council/Finance Director - no report

Administrator’s Report – Mr. Osborn said one of the proposed, but unfunded projects on our five-year capital budget, is the enclosure of the deep ditch between SR 4 and Perkins. A few months ago we got a donation of the necessary right-of-way from the owner. We then had the necessity of relocating the pole sign from the east side of the creek to the west side of the creek. Some power lines came into play and we had to establish a license for the sign to be in the public right-of-way. That license has now been negotiated and executed. We would like to bring legislation back in accepting the dedication of that right-of-way and authorizing the execution of a license for the relocation of that pole sign.

Mr. Osborn stated it’s time to file our 2005 application for the LTIP funding program. Our chief project is Phase III of the East Kemper Road project. This will fill the gap between Phase I at Tri-County Parkway west to where Jake Sweeney’s is located, and Phase II near the Century Boulevard intersection. We are making application for $2 million in funding for the completion of that project. The City’s local match will be around $400,000 in 2005 and 2006 if we are successful. We ask for an ordinance at the next meeting authorizing the application. The second project for consideration is an application for a zero interest loan for the 2005 street repair program. As we get more into the budget process we can determine whether we really want to pull the trigger on it or not, but at least we will be in the application process should we want to follow through. If we wait until we get far enough into the 2005 budget process we’ll be way past the application deadline.

Mr. Osborn said, just to follow up on Mr. Knox’s remarks, the funding we will be receiving for the SR 747/Crescentville project, 90/10 funding is the second project in a short period of time when we’ve been able to get funding under the Ohio Governor’s Safety Council/Safety Upgrade program. I want to congratulate TEC Engineering. They packaged our application for this project.

Law Director’s Report – Mr. Schneider stated we have received full payment in settlement of the initial Burns litigation. We have received $275,000 plus a deed for the property.

Engineer’s Report – Mr. Shuler said just one quick update to the Capital Improvements report, the contractor on the original schedule was trying to get the traffic shifted over to the temporary roadway by late September. We heard at the progress meeting yesterday that they are trying to move that up to early September.

Mr. Wilson asked how long will the showers at the fire house be out of service and what accommodations are we making for our firefighters?

Mr. Shuler stated the agreement said when they tear the showers out they have four weeks to get them back into service.

Mr. Parham reported that during the operating hours of the Community Center the employees have access to the showers there. Also, we have shower facilities for both males and females in the basement of this building and they will have access to that during the evening hours.

 

COMMUNICATIONS

Letter to Derrick Parham, "I am writing to express my appreciation to everyone who came to my aid when the driver hit me. I had never been in an accident of that magnitude before. Rick (Turner) had been working behind the truck. Because of the water tank I could not see him. At the time of the impact I believed he was smashed dead. The thought of Rick’s fatality plus my own head injuries caused me extreme emotional distress. Thank God, Rick had the experience to act defensively when he realized the car was aiming for our truck. Also, I am grateful to Rick for recognizing I was in shock and to him for calling the police and life squad. Within minutes, both departments responded and worked in unison to attend the scene, stabilizing my injuries and calming my emotional upset. Above all, I am most appreciative of Dave (Butsch). He came to the hospital at approximately 4:00 a.m. and stayed with me until I was discharged close to 6:00 a.m. During that time Dave felt more like a friend than a boss. As shaken up as I was, I needed family and friends most of all. Under the condition I was in, I cannot remember everyone who came to my aid. However, I feel obliged for how appreciative I am for the hard work and care given to me. Sincerely, Jason Waxman"

Mr. Knox said the Fire Department EMTs who were there were Gary Taylor, Tina Otten and Steve Coley. From the Police Department were Sergeant Randy Pierce, and patrol officers Amy Campbell and Marcia Bemes.

Mr. Osborn said this was a paint crew working at night. We often have them work at night during the summertime to avoid the heat and the traffic. The crew was on SR 4 and the vehicle was struck in the rear by a driver whom was later proved to be under the influence of alcohol. Jason did suffer a concussion in the accident. He is back to work but still not fully recovered from the accident.

COMMUNICATIONS FROM THE AUDIENCE - none

ORDINANCES AND RESOLUTIONS

Public Hearing

ORDINANCE NO. 34-2004 "AMENDING THE ZONING CODE AND ZONING MAP OF THE CITY OF SPRINGDALE, OHIO, TO PROVIDE FOR THE REZONING OF APPROXIMATELY 4.03 ACRES LOCATED ON THE NORTH SIDE OF WEST KEMPER ROAD APPROXIMATELY 185 FEET EAST OF WALNUT STREET FROM RESIDENTIAL SINGLE HOUSEHOLD LOW DENSITY (RSH-L) TO PUBLIC FACILITIES – LOW DENSITY (PF-L) (SPRINGDALE ELEMENTARY SCHOOL)"

Mr. Osborn said I think we should explain to the audience that the issue tonight is the rezoning of the property and not any specific site plan approval. That will come as the school district develops more detailed plans and comes to us for the permitting process.

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

Ordinance 34-2004 passed with five affirmative votes.

Public Hearing

ORDINANCE NO. 35-2004 "AMENDING THE ZONING CODE AND ZONING MAP OF THE CITY OF SPRINGDALE, OHIO, TO PROVIDE FOR THE REZONING OF APPROXIMATELY 10.153 ACRES LOCATED ON CHESTERDALE ROAD APPROXIMATELY 680 FEET SOUTH OF CASTRO LANE FROM 9.482 ACRES RESIDENTIAL SINGLE HOUSEHOLD HIGH DENSITY (RSH-D) AND APPROXIMATELY .671 ACRES RESIDENTIAL MULTI-HOUSEHOLD HIGH DENSITY (RMH-H) TO PUBLIC FACILITIES – LOW DENSITY (PF-L) (HERITAGE HILL ELEMENTARY SCHOOL)"

Mr. Stanley Hoffman asked what exactly are you rezoning?

Mr. Galster replied in the case of the Heritage Hill School, it is land that the school already owns. They did not purchase any additional land. It’s just that it had residential zoning on it and it is proper to have a public facilities zoning instead.

Mr. Hoffman said, so the houses on Marwood are not going to be rezoned.

Mr. Galster responded no home whatsoever will be affected, just the land that the school sits on and the vacant land that the school now owns. The Springdale Elementary case was a little different because there were four residential homes and a church that were bought by the school board. Those were rezoned to allow the construction of the new building while the existing Springdale Elementary School continued to operate. There is not enough land at Heritage Hill to build the new school while the old building is still standing, so they rezoned the land that they own to public facilities. They will need to relocate the Heritage Hill School children for a period of time while that school is taken down and rebuilt in the general area that it is now. There is a slight change to the way the building is laid out on the land, but it’s all within the existing property that they own. All the setbacks will be enforced to make sure the building is not right in your back yard.

Mayor Webster said this is a housekeeping issue and should have been done years ago. There is absolutely no change in what is the schools’ property.

Mr. Knox stated I called the school district and they assured me that at this time there are no plans to purchase any of the houses in that area, and they cannot see any situation where they would have to do that in the future.

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

Ordinance 35-2004 passed with five affirmative votes.

ORDINANCE NO. 37 -2004 "DECLARING CERTAIN EQUIPMENT AS OUTMODED AND SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO DONATE THE EQUIPMENT TO GREAT OAKS SCHOOL DISTRICT"

Mr. Osborn reported this vehicle has been out of service for more than four years now. We were keeping it on the road by constant repairs and upkeep and finally we were without an aerial ladder for a few months because it failed a safety inspection. There were hairline fractures found in the extension ladder. There were also pump problems. We have attempted to find someone who might want to buy the truck from us but we were unsuccessful. We then started looking for another fire department or educational facility that might be interested in taking it as a donation. Great Oaks indicated a willingness to do that and they are taking the vehicle as is.

First reading.

ORDINANCE NO. 38-2004 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH CARGILL, INC., FOR THE PURCHASE OF HIGHWAY DE-ICING ROCK SALT AND DECLARING AN EMERGENCY"

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

Mr. Wilson asked how many tons are we buying this year?

Mr. Osborn replied that will depend on the demand. This is an unlimited amount. We can order as much as we need. Right now we have 1600 tons on site. Our dome holds 2500 tons. We will fill up the bin under the current contract and stay within the 2004 budget. Then, we will buy more as needed. Twenty-five hundred tons is enough to do the City one and half to two years under typical circumstances.

Ordinance 38-2004 passed with five affirmative votes.

ORDINANCE NO. 39-2004 "DECLARING FOUR 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"

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

Ordinance 39-2004 passed with five affirmative votes.

ORDINANCE NO. 40-2004 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO APPROVE A CHANGE ORDER IN THE AMOUNT OF $109,375.50 TO INCREASE THE CONTRACT OF TRAFFIC CONTROL PRODUCTS FOR STREETSCAPE POLES AND DECLARING AN EMERGENCY"

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

Mr. Osborn stated in 2001 when we entered into a contract with Traffic Control Products for the purchase of the street light poles and traffic signal poles for Phase I of the streetscape project, we had inserted a clause that allowed us to purchase additional poles from them in the future at an escalating cost of no more than five percent a year. They are willing to honor that agreement at this point. In order to get these poles at the most advantageous price we would ask Council to consider the legislation before you this evening. We estimate if we were to buy these poles outside of this contract today, it would cost us $13,350. These poles represent our local share of the project, and by getting them at a reduced price, we reduce the amount of money we have to put into this project. Also, there is such a long lead time that if we wait too long, we could delay the project.

Ordinance 40-2004 passed with five affirmative votes.

RESOLUTION R18-2004 "COMMENDING ROBERT APKE FOR HIS DEDICATION AND SERVICE TO THE CITY OF SPRINGDALE, OHIO"

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

Mayor Webster said unfortunately Mr. Apke took a job out of state. He only served a couple of months on Planning Commission but he served five years on Board of Zoning Appeals. He did a great job on BZA.

Mr. Squires said it was a pleasure to work with Mr. Apke. Bob took a training session and became a certified planner. He was very interested and dedicated in his work and he will be missed.

Resolution R18-2004 passed with five affirmative votes.

RESOLUTION R19-2004 "AMENDED RESOLUTION OF THE COUNCIL OF SPRINGDALE, OHIO TO PICK UP ALL OF THE MANDATORY CONTRIBUTION TO THE OHIO POLICE AND FIRE PENSION FUND BY THE MEMBERS OF THE POLICE DEPARTMENT"

Mr. Galster made a motion to read by title only. Mr. Wilson seconded. The motion passed with five affirmative votes.

Mr. Knox stated the requirement came down from the State that we pass the two following resolutions, R19 and 20, to say we will be doing things this way even though we have been doing it this way since January.

Mr. Osborn said this isn’t something we overlooked. There had been a recent change this spring in the Administrative Code of the Ohio Police and Fire Pension Fund.

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

Resolution R19-2004 passed with five affirmative votes.

RESOLUTION 20-2004 "AMENDED RESOLUTION OF THE COUNCIL OF SPRINGDALE, OHIO TO PICK UP ALL OF THE MANDATORY CONTRIBUTION TO THE OHIO POLICE AND FIRE PENSION FUND BY THE MEMBERS OF THE FIRE DEPARTMENT"

Mr. Galster made a motion to read by title only. Mr. Squires seconded. The motion passed with five affirmative votes.

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

Resolution R20-2004 passed with five affirmative votes.

OLD BUSINESS

Mr. Osborn said we need some time from Council tonight to discuss the TIF bond for Phase II of the Pictoria Island TIF. Mr. Schneider has additional information for us. Rusty Meyers, of Tipton Interests, is the developer on the project and is in the audience tonight.

Mr. Schneider said I called Rusty earlier today and suggested it would be appropriate for us to be prepared this evening. The Administration has met with the developer and the bond counsel and the financing entities so I think we have everything in good order to move forward on. We feel we can be ready to go at the next Council meeting if Council feels comfortable moving ahead on the project.

Mr. Meyers stated we are finally in a position to move forward with the bond issue for the TIF at Pictoria Tower. It will be a $10 million issue, split into series A and series B, with $9.5 million allocated for the garage and half of the plaza development, and $500,000 for the second half of the plaza development. My goal is to get the bond issue sold and closed by October 1. The ordinance would be before Council on September 1.

Mayor Webster stated this $10 million will be 100 percent collaterized with U. S. government securities. If any service payment is not met, if Mr. Knox’s office runs into any kind of shortfall, it’s a matter of drawing against that escrow agent to make up the shortfall. We will have control over the release and as the debt is paid down, the escrow balance will be reduced and we will have some sign-off procedure in place. We feel the City is in a very good position here.

NEW BUSINESS

Mr. Knox reported we have an application for a liquor license from BSS Enterprises, Inc., doing business as Friend’s Convenience Store. They already have a license; they just changed their ownership percentages. There were no objections.

MEETINGS AND ANNOUNCEMENTS

Board of Health - Sep 9

Board of Zoning Appeals - Sep 21

COMMUNICATIONS FROM THE AUDIENCE - none

UPDATE ON LEGISLATION STILL IN DEVELOPMENT

Ordinance 37-2004 - Sep 1

Resolution R21-2004 - Sep 1

RECAP OF LEGISLATIVE ITEMS REQUESTED

Perkins right of way - Sep 1

LTIP - Sep 1

TIF - Sep 1

Council adjourned at 8:35 p.m.

Respectfully submitted,

 

 

 

Edward F. Knox

Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council

 

 

__________________________, 2004