President of Council Kathy McNear called Council to order on November 17, 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 November 3, 2004 were approved with seven affirmative votes.

 

SWEARING IN OF NEW POLICE OFFICERS

 

Mayor Webster swore in Bill Zeek and Richard Mike Ott.

 

Captain Laage said we feel we have two very good candidates.   Bill Zeek went to Ohio University, then transferred to UC where he received a bachelor’s degree in criminal justice.  He spent four years in the Coast Guard and then went to work for the YMCA in eastern Cincinnati.  He started the Police Academy this past Monday.

 

Captain Laage said Mike Ott attended Eastern Kentucky and then graduated from UC with a bachelor’s degree in criminal justice.  Mike had already attended the Police Academy and has started field training.

 

Mr. Osborn said the summer issue of Ohio Police Chief Magazine features our new police cruiser look on the cover.  There is an article called “The Redesign of a Patrol Car” and talks about the evolution our department went through to come up with the design.  There is another article about our electric car titled “What is That?”.

 

Mr. Osborn continued we are about ready to embark on the ninth annual Foods for Fines program. 

 

Chief Laage stated it is the most wonderful program a holiday season can have.  When Al Maupin thought of this I thought it was the craziest thing he’d ever thought of.  The concept was that the holiday season can be very deadly with auto accidents on the highway.  Everybody is in a hurry.  There are a lot of holiday parties.  We stress to our officers to get out on the road and enforce the law and make it a safe roadway for all of our citizens.  At the same, most of us are family men with kids and we know that buck is hard to come by, especially at Christmas time when you are trying to buy that perfect gift for the kid.  Al’s concept was that during this period from Thanksgiving morning until Christmas day, almost every traffic violator has the option to pay out the regular way or in canned goods.  It has been a very successful program. 

 

Chief Laage read an e-mail  from Maryann King, manager of The Colony, thanking them for the help the Police Department gave to one of her tenants last year.

 

INTRODUCTION OF NEWLY PROMOTED FIRE DEPARTMENT PERSONNEL

 

Chief Shroyer introduced Gary Taylor, who was promoted to captain.  Gary has been with the Fire Department for twelve years.  He had some previous fire service plus he has an electrical background, which is very useful to the department.  He’s a dedicated employee, always willing to do anything asked of him and he’s doing an excellent job. 

 

Health Waxman was here about a year ago as a new hire.  He has now completed his paramedic training and is out in the field. He is working out excellently and is our resident gardener/landscaper. 

 

            COMMITTEE AND OFFICIAL REPORTS

            Civil Service Commission – Mr. Strange said the Civil Service Commission met November 4.  We continue to work on the process of our hiring flow charts and updating documentation.  We have a new fire captain and five patrol officers.  We did fill the two open positions for violations bureau clerk.  We still have a police sergeant, assistant fire chief and administrative secretary for the Fire Department to hire.

 

Rules and Laws                                                                      -           no report

Public Relations                                                                      -           no report

Public Health, Safety & Welfare                                              -           no report

 

Public Works – Mr. Wilson said the contractor’s schedule for the Cloverdale area is final asphalt course is to be placed the week of November 15.  The work on the new sidewalks for SR 4 and Cameron Road is to begin the week of November 15.  Sidewalk construction is anticipated to be completed in early December.  I spoke with Don Shvegzda about the Lawnview construction schedule.   The majority of the work on Lawnview will not start until April 2005.  I asked Don about the cost.  The little bit of money it would cost to delay it to April would far outweigh what it would cost to do it a second time a year or two later. 

 

Mayor Webster said I will be pretty disappointed if we have to pay anything for having that project carried over to the spring because it’s not our fault that the contractor did not get in there and get the job done.

 

Mr. Shuler said I am not aware of any cost implications.  I thought it was a mutual agreement to delay because of the weather and the possibility that they may not get it done.

 

Mr. Osborn stated the construction company is an excellent contractor.   I think maybe Don was speculating.  It’s not uncommon for us to end a contract with negotiations. 

                                                                                           

Public Utilities                                                                          -           no report

                                                                                           

Capital Improvements – Mr. Danbury said the SR 747 grade separation is moving along pretty well.  The remainder of the items we are doing in November are temporary sheet piling installation, the excavation of bridge construction, complete remainder of water main installation and testing, and the sanitary sewer installation and testing.   There’s really no change in the streetscape Phase II.

                                                                                           

Finance Committee – Mr. Wilson reported we will be reviewing the five-year plan on Wednesday, December 8.

                                                                                           

Planning Commission – Mr. Galster stated the first item was landscape approval for Staples.  They asked that it be tabled.    We had concept discussion for a proposed Pregnancy Care Center at 309 West Kemper Road, and a proposed dental office at 311 West Kemper Road.   Before we got into looking at that we had a lot of discussion in reference to having a T-district overlay put over that residential zoning in order to allow some kind of redevelopment of those properties.  The only other item I have is the lack of trees at Cross Country Inn.  The new owner cut down forty-one trees at 451 caliper inches.  They have been ordered to replace the trees plus pay a fine and penalty for cutting those down. 

                                                                                           

Board of Zoning Appeals – Mr. Squires said Emken Homes requested a variance to build a 1760 square foot house at 449 Dimmick Avenue.  During deliberations with the builder it was determined that if the board allowed them a thirty-five yard backyard setback, they could build a 2000 square foot house, and that was passed 4-3.  Mr. Bross, 11979 Marwood, was requesting to not remove a shed at the back of his lot that was permitted in 1981.   The variance was granted.  Mrs. Brady, 11813 Neuss, requested a variance for a patio enclosure 27 feet from the rear lot line.  That was approved. 

 

Mr. Squires stated the last request was for a temporary banner and portable sign for Snookers at 12119 Princeton Pike. The owner listed the hardship of losing business because of the SR 747 construction and the temporary road does not allow traffic to even see his place of business.  He was the first to come before BZA and say that they’re losing money because of the road construction.  There may have been more who came before the Administration but none have come before BZA.  We did not allow the portable sign but we did give him six months for the temporary banner.  I told him I would contact the Economic Developer for the City and have him contact him because of the problems he is having with the temporary road construct and perhaps something could be done unilaterally for all those businesses.

 

Mayor Webster said if the owner of Snookers portrayed the situation as though the City hadn’t done anything or helped them, that’s totally not the case.  We are very aware of the situation there with three businesses and we have, at City expense, constructed some signs and put them up. 

 

Mr. Osborn said I had a call from Dr. Alf, the owner of the property,  on behalf of his tenants, concerned about the impact the construction was having on them because of access and visibility.  The State put up some signs that just said “business entrance” and they put them up much lower than what it would require for someone going northbound to see the signs.   We asked the State if they would fund any signs that would identify those businesses and they were reluctant to do so.  I approached the Mayor and he agreed it was an emergency situation and that the City should step in, pay for and erect signs identifying every business and the access point.  Initially we wanted to put a sign on both sides of the road.  The temporary road is not on the right-of-way; it is on a temporary easement.   We did get the signs up on the west side of the road and we did mount them higher than we originally planned to so that if there is traffic queued up (not big trucks), you can see over those cars and see the identity of each business. Jeff Tulloch has talked with the owner of Creative Wood Furnishings and I don’t know if there is much we can do there.  We can work with them to see if we can’t work through Hamilton County ADCD to get a loan if they so desire.  We have addressed the problem the best we can. 

 

Ms. Pollitt asked is there is any way a sign could be put up before you get into the construction area?

 

Mr. Osborn replied there are five or six businesses along the front.  If you identify all of them you would have to have a gigantic sign or the writing would be so small that nobody would read it.

 

Mayor Webster said I really feel sorry for BZA .  That’s a sad situation and you are between a rock and a hard place.  It’s very unfortunate that we weren’t able to share with you what we’d done and the fact that we are working with these folks.    If you are coming south on SR 4 and you want to patronize Bargos, Bob Evans, or the motel, we have signs just as you enter Springdale telling you to turn left on Crescentville.  It would be worthwhile to spend some time and money if we could erect a sign telling how to patronize these businesses.

                                                                                           

Board of Health – Ms. Pollitt reported that Regulation R1-2004 regarding food service fees was read for the second time with a public hearing.  Also, there was a discussion on the health assessment for the city.  We will be having focus groups to find out what our residents feel is important in the way of health and quality of life for our residents.  The board identified five areas they felt were important such as cardiovascular, obesity, diabetes.

 

Veteran’s Memorial Committee – Mr. Wilson stated there was an article in today’s Tri County Press about the memorial.    

 

O-K-I – Mr. Knox reported as a member of OKI, I am also a member of the Land Use Commission and they will have their final meeting on Friday.  In all of their objectives they keep saying “Local jurisdictions will . . .” .   In a few cases they did say at the end “where appropriate.”  I turned down everything that said “Local jurisdictions will” that didn’t have “where appropriate.”  I’m going to see if I can get them to put one statement in there early on saying that local jurisdictions are not bound by this if they happen to vote in favor of it.  If they don’t put that in there I won’t vote in favor of it.

 

Mr. Osborn said I would think that they know that Ohio is a home rule state.  The local jurisdiction has control over zoning matters.  I would think that somewhere early in the report that they would make it clear that these are recommendations or recommended standards and they would encourage local jurisdictions to do this.  They don’t have the power to impose zoning regulations on local jurisdictions.

 

Mr. Knox was nominated to continue as OKI representative.

                                                                                           

Mayor’s Report                                                                        -           no report

                                                                                           

Clerk of Council/Finance Director                                          -           no report

                                                                                           

Administrator’s Report – Mr. Osborn stated the City’s 2005 LTIP application for funding of Phase II of the East Kemper Road fund scored pretty well.  We finished fourth in the County.  Unfortunately, the three projects in front of us are so big that they are absorbing all the money.   This would have meant over $1.6 million of outside funding on this project.  We will have to delay that project. 

 

Mr. Osborn said we received a notice from the Legal Aid Society.  Last June the Metropolitan Sewer District entered into a consent decree with a number of litigants in issues revolving around clean water and MSD’s sanitary sewer operation.  As part of that decree, MSD was required to establish a “water in basement” program.  The goals of that program are to investigate and clean up WIB incidents, reimburse for WIB damages caused by capacity or maintenance issues, and install measures to prevent reoccurrence of the problem.  To make sure that the public is adequately represented in the follow-through on this commitment, the court has also named the Legal Aid Society of Greater Cincinnati as the ombudsman for the program.  If a resident has a problem they should contact the program at MSD set up for that purpose.  If they feel they are not being dealt with properly from MSD, they can call the Legal Aid Society at 362-2801.

 

Mr. Parham reported we are currently in labor negotiations with the FOP.  We know we will not settle this before December 31; therefore, I would like a motion from Council to authorize an agreement with a fact finder.  If we don’t sign the agreement, and we don’t reach a settlement with the FOP, that fact finder will not have the ability to make any decisions that have a financial impact.

 

Mr. Squires made a motion that the City enter into an agreement with the fact finder.  Mr. Danbury seconded.  The motion passed with seven affirmative votes.

 

Mr. Parham stated Ordinance 52-2004 is for the waste collection service renewal.  There were two bids and Rumpke was the lowest.  This is a five year contract with an increase of 16% for household waste.   We will now have to pay $2.50 per yard per month for the dumpsters at the municipal buildings.  Curbside recycling increases from $2.25 to $2.40 a month for the units that we have.  The current cost for the recycling drop off center is $160 per yard.  We are looking to go from 36-yard separated containers to three six yard co-mingle containers at $80 per container per month.  They will be picked up once a week.  For the city programs such as debris removal and leaf pickup the cost is going from $7 per cubic yard to $9 per cubic yard.  If we decide to go for a sixth year the price will be what we have before us tonight.  That price has been locked in.

 

Mr. Osborn said we have 80% participation in curbside recycling.  I think it’s very commendable that Springdale has put the money into paying for curbside recycling rather than paying someone who talks about it.   I’ve heard people say in the past that it doesn’t do any good to recycle because they throw it all in the back of a garbage truck.  When it is picked up they don’t keep the paper, glass and plastic separated.  However, when they get to the recycling center there is mechanical separation.

 

Mr. Vanover asked are there different size recycle bins.

 

Mr. Turchlano of Rumpke replied we recommend people ask for paper bags at the grocery store and put their recyclables in the bags and place them next to the recycle bins.  There is a large increase in cost for larger bins.

 

Law Director’s Report                                                             -           no report         

Engineer’s Report                                                                   -           no report

 

            COMMUNICATIONS                                                               -           none

 

            COMMUNICATIONS FROM THE AUDIENCE                        -          none

 

ORDINANCES AND RESOLUTIONS

 

ORDINANCE NO. 52-2004  “ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A FIVE YEAR CONTRACT WITH RUMPKE WASTE, INC. FOR WASTE COLLECTION AND RECYCLING SERVICES AND DECLARING AN EMERGENCY”

 

 

 

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

 

Ordinance 52-2004 passed with seven affirmative votes.

 

 

 

ORDINANCE NO. 53-2004  “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO EXECUTE A CONTRACT TO PURCHASE WITH JOANN SCHWAB, FOR THE ACQUISITION OF PROPERTY LOCATED AT 11570 SPRINGFIELD PIKE, SPRINGDALE, OHIO 45246, AND DECLARING AN EMERGENCY”

 

 

 

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

 

Ordinance 53-2004 passed with seven affirmative votes.

 

 

 

ORDINANCE NO. 54-2004  “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO EXECUTE A CONTRACT WITH ANDREW FOGEL, FOR THE ACQUISITION OF PROPERTY INTEREST IN 11550 SPRINGFIELD PIKE, SPRINGDALE, OHIO 45246, AND DECLARING AN EMERGENCY”

 

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

 

Ordinance 54-2004 passed with seven affirmative votes.

 

Mayor Webster said I would just like to congratulate Jeff Tulloch for getting this agreement put together and resolved.  This has been on-going for a long time.  This agreement allows us to reach our ultimate goal and redevelop the strip without shelling out a ton of money to this lease holder.

 

ORDINANCE NO. 55-2004  AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE BUTLER COUNTY ENGINEER’S OFFICE ON THE S.R. 747 AT CRESCENTVILLE ROAD INTERSECTION IMPROVEMENTS PROJECT AND DECLARING AN EMERGENCY”

 

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

 

Ordinance 55-2004 passed with seven affirmative votes.

 

Mr. Osborn said before we read the next ordinance I would like to point out that I had a conversation with the officer at District 8 who is responsible for coordinating the legislation.  We agreed that this should be an emergency ordinance.  That is stated in the last paragraph of page 2. 

 

Mr. Danbury made a motion to read this ordinance by title only to include preliminary legislation, Ordinance Number 56-2004, with an emergency clause.  Mr. Vanover seconded.  The motion passed with seven affirmative votes.

 

Mr. Osborn said this is a $3 million project.  We are paying five percent of that.  Ninety percent Is being paying by State and Federal dollars, and five percent by Butler County.

 

ORDINANCE NO. 56-2004   - ODOT Ordinance for SR 747 and Crescentville Road

 

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

 

Ordinance 56-2004 passed with seven affirmative votes.

 

 

OLD BUSINESS

 

Mrs. McNear said the lawns after Cinergy took care of them are starting to look good.  They did a good job.  Thanks Mr. Parham for following up with Cinergy.

 

Mayor Webster said they haven’t done a thing with those on Peak Drive.

 

Mr. Vanover reminded the residents not to rake leaves into the road.

                                                                                                                                               NEW BUSINESS

 

            Mr. Knox said we have a request for liquor license name change for Su Casa.  There were no objections.

           

            MEETINGS AND ANNOUNCEMENTS

 

            Board of Zoning Appeals                                                         -           December 21

            Tree lighting ceremony                                                           -           November 28

           

COMMUNICATIONS FROM THE AUDIENCE                        -           none

 

UPDATE ON LEGISLATION STILL IN DEVELOPMENT       -           none

 

RECAP OF LEGISLATIVE ITEMS REQUESTED     

 

Charter Revision                                                                     -           December 1

Civil Service                                                                            -           December 1

 

Council adjourned at 9:10 p.m.

 

                                                                        Respectfully submitted,

 

 

                                                                        Edward  F. Knox

                                                                        Clerk of Council/Finance Director

 

Minutes Approved:

 

Kathy McNear, President of Council

 

 

__________________________, 2004