President of Council Kathy McNear called Council to order on September 15, 2004, 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 September 1, 2004 were approved with seven affirmative votes.

 

            COMMITTEE AND OFFICIAL REPORTS

            Civil Service Commission                                                      -           no report

Rules and Laws                                                                      -           no report

Public Relations                                                                      -           no report

Public Health, Safety & Welfare                                              -           no report

 

Public Works – Mr. Wilson said the schedule for the 2004 street program concrete work is to take place in September.  New sidewalks from SR 4 to Cameron Road will be constructed in early October.  The catch basin and manhole repair adjustments will take place in September.  The asphalt work is to begin in late October. The entire project should be complete in mid November.

                                                                                                

Public Utilities                                                                          -           no report         

 

Capital Improvements – Mr. Danbury stated the traffic has been moved to the temporary roadway for the CSX construction.  There have been a few problems with the Fire Department toilet room/shower renovation, mainly with the slab floor and existing metal wall studs.  They are finally finishing this project.  Plans for Phase II of the streetscape program will be submitted in October.  Construction should begin late summer. 

                                                                                           

Finance Committee                                                                -           no report

                                                                                           

Planning Commission – Mr. Galster reported the Kemper Pond signage package for IHOP and the retail development was approved.  A proposed ground sign for TGI Friday’s was also on the agenda.   They had wanted to take down a 36 inch tree in order to improve their visibility.  We suggested that they leave the tree, plant the 36 inches of trees somewhere else on the lot and we would look at putting the monument sign on SR 747.    Their sign was approved.  Approval of an extension of a storage trailer at the Springdale Hotel was approved until May 30, 2005.  They also requested approval of the banners that are currently on the hotel covering the Best Western logo.  There will be something more structurally sound mounted on the penthouse.  They were allowed to keep a banner covering the logo sign.  They also have an entrance sign and a pole sign.  Those were granted a temporary extension until March 1, 2005.  The board approved Christmas tree sales at the Tri-County Mall parking lot from late November to late December.  Staples wants to change the way you enter the building from the west elevation to the north elevation.  There was no elevation approval, no parking, no sign package approval.  The only approval was for the entrance to the building.  Party City requested a Halloween banner six feet by thirty feet.  That was reduced to 18-20 feet long and approved with the condition that the existing Halloween banner in front be removed and all window signs get back into code compliance and all other sign items be back in compliance.

                                                                                           

Board of Zoning Appeals                                                         -           no report

                                                                                           

Board of Health – Ms. Pollitt stated there were eighteen participants for the mammogram van at the Community Center.  New food service fees were proposed.  The Public Health Infrastructure Grant has been increased by $2,288 from last year.  There has been great success with the ServSafe classes and restaurants are requesting on-site training.  The Health Department is looking to do a health assessment in the City.  Focus groups would be established to collect data. 

                                                                                           

Veteran’s Memorial Committee                                              -           no report

 

O-K-I                                                                                       -           no report

                                                                                           

Mayor’s Report – Mayor Webster read a proclamation for Fire Prevention Week.  

 

Clerk of Council/Finance Director – Mr. Knox stated one of the reasons we requested an increase in taxes in the City was to cover projects that we could clearly see were not going to be funded under the previous amount we were receiving.  The biggest program was the street program and it is vital to the City.  The funds that will be received in the tax increase will not be received until mid October at the earliest.  Therefore, we are going to borrow the money.  Seasongood and Mayer said they would purchase the $1.6 million note with one-year maturity rate with an interest rate of between 1.85% and 2.40%.  I wanted to bring it up now so that the whole Council could hear about it.  We would like to have legislation at the next meeting.

 

Mr. Danbury asked could we do something about the Community Center loan?

 

Mayor Webster responded that bond is not callable.  We are locked in for the duration.

                                                                                           

Administrator’s Report – Mr. Osborn reported there was a public meeting held August 12 where ODOT and a consulting firm made a presentation on sound walls to the people invited.  All those people live within 500 feet of the highway.  I received a call from Hans Gendl with ODOT indicating that the results are back on the survey.  They only received forty-three responses.  As a result Mr. Gendl wanted to solicit the City’s position on whether or not to construct these walls.  I asked if this could be a topic of discussion for the October 6 meeting and I would get back to him on October 7.  Since then we have received another letter indicating that ODOT is soliciting the same residents that it solicited in August and giving them another chance to vote. 

 

Mayor Webster said we need to hear from our residents on how they feel about these sound walls.  Initially we were told that only these people who get to vote have a say in it.  The information Mr. Osborn has received says they are 80-20 in favor of it. 

 

Mrs. McNear said I attended the meeting.  When you are looking at the presentation and they showed the decibel reading, they went from 90 to 4.  That doesn’t mean that’s where it’s going.  It means it is going down 4 decibels from 90.  For millions of dollars it only goes down 4 decibels.  I thought that was very misleading.

 

Mayor Webster said I think it’s important that you touched on the cost.  We as Springdale residents will not be paying for that, but as Ohio taxpayers we will.  The State will be funding this project. 

 

Mr. Galster stated the original letter that went out also included the survey for the residents to mail back in.  You didn’t have to attend the meeting the first time to have voted.  There is a section heading into Springdale from the west where the wall comes right to the pavement on both sides of the highway.

 

Mr. Danbury said when we have applicants coming into BZA the variance goes with the land, not the person.  I think it’s ridiculous that people who may not be living here in the springtime could possibly be deciding what it would be like.  It really doesn’t decrease the noise.  It just spreads out the noise level. 

 

Mr. Galster said the people who are notified are the people most affected by the noise on the highway.  There have been advances in the walls.  They are sound absorbing walls.   They don’t have gaps anymore.  Not that I’m speaking in favor of, but there have been major improvements.   They don’t reflect back into second or third row houses.

 

Mr. Wilson said it appears they are experimenting with design and composition to see what will work.  I go along with the Mayor and say let’s have a public meeting including those more than 500 feet away who would be adversely affected.  I think that would be more representative than just a small group of individuals who bought their property knowing that that highway was there and that noise was there and are still living in that area.

 

Mrs. McNear responded I think that is a good idea but ODOT is setting up the rules of deciding whether we get the rules or not.

 

Ms. Pollitt stated I have an acquaintance that lives near those walls in Toledo and they do seem to take the noise and spread it out.  I’ve noticed in traveling around that it is always a maintenance issue. 

 

Mr. Vanover said if they want to do something about noise on the interstate, crack down on the truck drivers with this Jake braking.  In the first wave, when we had our meeting here, they wouldn’t give us trees.  One of the first things they did was plant trees, and they are planning vines.  It seems we were in a more correct ballpark back then than they are now.

 

Mr. Squires said I got the distinct feeling when I left the meeting that our residents did not want the walls and they would not be built.  We need to get as many people here as we can.  It’s very important to Springdale as there are engineering and aesthetic issues involved. 

 

Mr. Osborn said I don’t think ODOT is pushing this project.  I don’t think they are going to try to force it on us.  They are only doing this because it is mandated by the federal government.   I think if the public doesn’t want these walls it won’t happen.  I think if there is very little public input and the cities don’t want them, it won’t happen.  I think we have to take the time to put that point across to ODOT so they have some documentation they can take back to the federal government as to why there are no sound barriers.  In the letter that was sent out and in the presentation we saw, there were actually three choices: build a noise barrier, do not build a noise barrier, or prefer vegetation to be planted in lieu of the noise barrier.  (This option would not function as noise abatement.)  If they feel compelled to do something, why don’t we have them put in more greenery along the expressway.  I would think we would get a fair shake from ODOT on this.  

 

Mr. Galster said it was my understanding from the meeting that if 80% of the people who are affected according to the federal mandate wanted it and the City didn’t, that the City would not be able to stop them from doing it.

 

Mr. Osborn responded if only forty-three people voted on it out of thousands, what kind of mandate is that.  Once we know the numbers after the 30th, there’s no public input being generated despite their efforts.  Then I think the elected officials of the jurisdictions impacted would carry significant weight.

 

Mayor Webster stated I think we should have our solicitor prepare a resolution of objection, in case we want to object to this, we have a resolution in hand. 

 

Mr. Danbury said there is a high density of people in the Knolls Condos and I know a lot of people said it is a problem, but historically a lot of people don’t live in condos longer than five or ten years.  I think it would be a shame that a few could make the decision for everybody.

 

Mr. Galster said a few of my neighbors can’t have conversations in their back yards.  They back up to the interstate.  They can’t sleep at night with their windows open.  I understand their concern.  We’re adding additional lanes to I-275.  Traffic is routing around I-275.  There’s more noise than there ever was so I understand. 

 

Mr. Osborn continued we have been very successful in soliciting applications for the economic development director’s job.  We had 38-39 applications.  We have made a tentative offer and the person has accepted pending a background check and physical examination.  The target start date is September 27th. 

 

Law Director’s Report                                                             -           no report         

Engineer’s Report                                                                   -           no report

 

            COMMUNICATIONS

 

            Letter from nurse at Springdale Elementary School – “To City Council Members:  My name is Jo Roberts.  This school year our school is starting a community service program for our students to participate in.  The name of the program is TIES (Taking an Interest in Everyone in Springdale).  The logo is a large pretzel with the words “Community, School and Family” written in the spaces made by the tying of the pretzel.  We will be offering community service projects throughout the school year for all of our students to take part in, including the pre-school and kindergarten students.  To kick-off our program we are having a kids walk to cure diabetes fundraising walk, Friday, September 24th.  Our walk is in conjunction with the Juvenile Diabetes Research Foundation city-wide walk in October.  Springdale has several diabetic students that attend our school so we felt this would be a great contribution to a great cause.  We would like to invite you to grab your sneakers and join us in our walk.  We would like to celebrate the great partnership the school and the city have together.  You may have seen money jars in many city buildings.  DARE officer Jeff Witte is having a “Defend Your Building” war between the buildings to help support the walk.  Thank you in advance for any support you are able to give.  I may be contacted by e-mail at school at jroberts@princeton.k12.oh.us or by the school phone at 671-6676.  You may also contact our school principal, Mrs. Susan Wells.  I am looking forward to hearing from you.  Jo Roberts”

 

            COMMUNICATIONS FROM THE AUDIENCE                                    -          none

 

ORDINANCE NO. 42-2004  “ESTABLISHING MEDICAL BENEFITS FOR ALL FULL-TIME CITY EMPLOYEES NOT IN A BARGAINING UNIT, ESTABLISHING A POLICY OF EMPLOYEE CONTRIBUTION AND DECLARING AN EMERGENCY”

 

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

 

Ordinance 42-2004 passed with seven affirmative votes.

 

ORDINANCE NO. 43-2004 “AUTHORIZING AN INCREASE IN COMPENSATION BY ˝% TO ALL FULL-TIME EMPLOYEE POSITIONS NOT IN A BARGAINING UNIT AND FOR ALL PART-TIME FIREFIGHTER POSITIONS AND DECLARING AN EMERGENCY”

 

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

 

Mayor Webster said we wholeheartedly ask for your support on this.  We think it’s only fair since every employee in the City started paying another half-percent tax on July 1st, then to ask them to pay for health insurance is sort of a double dip in a negative way. 

 

Ordinance 43-2004 passed with seven affirmative votes.

 

ORDINANCE NO. 44-2004 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH MARKETING DEVELOPMENTS, INC., AND STAN ICHELBAUM FOR DEVELOPMENT CONSULTING SERVICES”

 

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

 

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

 

Ordinance 44-2004 passed with seven affirmative votes.

 

RESOLUTION R21-2004APPOINTING TONY BUTRUM AS A MEMBER OF THE PLANNING COMMISSION SUCCEEDING THE POSITION HELD BY ROBERT APKE”

 

Mayor Webster announced that Mr. Tony Butrum has agreed to serve on Planning Commission.  He was born and raised in Springdale and has lived here his entire life.  He has a master’s degree from Xavier University.  He founded Advanced Computer Graphics in 1986, an international marketing company that creates high-profile interactive advertising for Fortune 500 companies. 

 

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

 

Resolution R21-2004 passed with seven affirmative votes.

 

OLD BUSINESS

 

Mr. Galster stated that the Planning/BZA training session was very informative and only two people were unable to attend.

 

Mr. Galster also stated that the Junior Olympics were also well attended.

 

            NEW BUSINESS

 

            Mr. Knox said there was a liquor license change for The Wine Source.  There were no objections.

 

            MEETINGS AND ANNOUNCEMENTS                                              

 

            Board of Zoning Appeals                                                         -           September 21

           

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 acquisition.  Mr. Galster seconded.  The motion passed with seven affirmative votes.

 

Council went into executive session at 8:16 p.m. and reconvened at 9:14 p.m.

 

ORDINANCE NO. 45-2004  “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO EXECUTE A CONTRACT TO PURCHASE WITH BARTON E. FOGEL AND BARBARA C. FOGEL, FOR THE ACQUISITION OF PROPERTY LOCATED AT 11550 SPRINGFIELD PIKE, SPRINGDALE, OHIO 45246, AND DECLARING AN EMERGENCY”

 

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

 

Ordinance 45-2004 passed with seven affirmative votes.

 

UPDATE ON LEGISLATION STILL IN DEVELOPMENT       -                       none   

 

RECAP OF LEGISLATIVE ITEMS REQUESTED

 

$1.6 million note                                                                      -                       Oct 6

Objection to sound walls                                                        -                       Oct 6

 

Council adjourned at 9:25 p.m.

 

                                                                        Respectfully submitted,

 

 

 

 

                                                                        Edward  F. Knox

                                                                        Clerk of Council/Finance Director

 

Minutes Approved:

 

Kathy McNear, President of Council

 

 

 

__________________________, 2004