President of Council Kathy McNear called Council to order on December 17, 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 Galster, Pollitt, Squires, Vanover, Wilson and McNear. Mr. Danbury arrived at 7:15 p.m.

The minutes of December 1, 2003 were approved with six affirmative votes.

The minutes of December 3, 2003 were approved with six affirmative votes. In the last paragraph of the sixth page change "with" to "we are".

COMMITTEE AND OFFICIAL REPORTS

Civil Service Commission – Mr. Strange said we had tabled our discussion of looking at a new agency for psychological testing. We made a recommendation to the City to investigate the new organization as well as to talk to the previous organization and try to get better pricing. We processed quite a bit of correspondence from the City which included disciplinary action of an employee. We also received an update on the appointment of the temporary fire captain position. We finally approved amendments to our Civil Service rules. Those were effective immediately.

Rules and Laws - no report

Public Relations - no report

Public Health, Safety & Welfare - no report

Public Works – Mr. Wilson reported the SR 4 ODOT resurfacing project from Glensprings to Cameron is complete. Cloverdale Avenue curb replacement and resurfacing project is complete.

Public Utilities - no report

Capital Improvements – Mr. Wilson said the Kemper Road Phase II project from old Commons Drive to Chesterdale Road is complete except for reconstruction of the wall façade which fell off yesterday. The SR 747 grade separation bid opening was December 3rd. The lowest bidder was Smith and Johnson Construction at $8,347,179. ODOT’s construction cost estimate was $9,440,000. The pre-construction meeting is anticipated for January 2004 with construction starting soon after. Beaverrun Creek restoration project is complete.

Finance Committee – Mr. Wilson stated the Finance Committee reviewed the five year budget which is on the agenda tonight.

Planning Commission – Mr. Galster said the officers were re-elected. Approval for a proposed sign change at Provident Bank, 495 East Kemper Road was discussed. The applicant came forward with a change to what we had pretty much given them approval for in the November meeting. They have a new logo and new color schemes. They plan to do this at all locations and some of the color combinations were a concern for the corridor on Springfield Pike. Planning Commission felt the colors were more than what was required and the applicant had shown some other pictures using different color combinations that were more appealing to Planning Commission. There was a motion to deny that passed 6-0. The applicant will be appealing the decision to Council at the next meeting. We had approval of a map amendment and preliminary plan for the Triad Commercial Properties at 1313 East Kemper Road. The PUD was approved 6-0. You should have a letter from Planning Commission in your packet. Jade Garden asked for neon lighting. Due to lack of representation that was tabled. Kids R Us requested a store closing banner for an additional sixty days. That was approved 6-0. A right-of-way dedication plat on Springfield Pike for the Springdale Church of the Nazarene was approved 6-0.

Board of Zoning Appeals – Mr. Squires said the officers were re-elected for another term. The resident at 479 Dimmick Avenue requested to place a vinyl fence in the setback on the side of a right-of-way on his property. Zoning requires that it be 35 feet from the right-of-way. We asked the resident to come up with measurements that were more exact and also consider placing that fence in a different part of his yard where no variance would be required at all. He will come back to the next meeting with that information. The second item was the conversion of a garage to office space. A temporary variance was granted for one year. Approval to maintain a shed that had already been constructed three feet from the lot line was granted.

Board of Health – Ms. Pollitt said Regulation R1-2003 establishing food service operation fees was passed. Expenditures for the additional smallpox funds were discussed. The Health Commissioner has purchased "to-go" bags with grant money for members of the Health Department to use in case of emergency. ServSafe classes are being offered to restaurant workers. Some of the classes are being offered in Spanish. The Health Department is now out of flu vaccine.

Veteran’s Memorial Committee - Mr. Wilson said they now have five members on the Board of Directors: John Briggs, Ralph McSwain, Tom Neese and Mayor Webster. There was a joint fundraiser with the Cystic Fibrosis of Cincinnati Children’s Hospital held December 6.

O-K-I – Mr. Knox said Mr. Policinski the new director of OKI. OKI has sent a letter requesting that an elected official be appointed for the next year. Mr. Knox was reappointed.

Mayor’s Report – Mayor Webster said he would like to augment Ms. Pollitt’s report. The Health Commissioner not only is offering these ServSafe classes in Spanish but she is going on-site with them. She’s really reaching out and trying to take these programs to the community. Mayor Webster said I would like resolutions for three Board of Health members to be reappointed to the Board of Health. Carol Marlar will no longer be able to serve on the Parks and Recreation Board. Carmen Daniels will be rejoining the board in March or April. Mayor Webster announced the winners of the Christmas light awards.

Area 1

Special Award

804 Cedarhill Drive Thompson Family

12065 Brookston Drive Tolar Family

1st Place 866 Clearfield Lane Svach Family

2nd Place 805 Ashcroft Court Smith Family

3rd Place 12135 Bridgeport Lane Neyer Family

Hm 12030 Chardon Lane Robinson/De Armond

Hm 826 Clearfield Lane Ostendorf Family

Hm 12060 Elkridge Drive Wetterer Family

Hm 674 Cedarhill Drive Strayhorn Family

Hm 12015 Elkridge Drive Hendrickson Family

Area 2

1st Place 11850 Fairsprings Court Judy Compton

2nd Place 11856 Glenfalls Court Ramsey Family

3rd Place 12065 Springdale Lake Drive Turner Family

Hm 11817 Woodvale Court Ricks Family

Hm 335 Glensprings Drive Reed Family

Hm 609 Glensprings Drive Barnett Family

Hm 11810 Glenfalls Court Assaf Family

Area 3

Special Award

580 Cloverdale Avenue Michael Plum

567 Smiley Avenue Sunderman Family

693 Allen Avenue Singer Family

1st Place 700 Allen Avenue Perkins Family

2nd Place 607 Smiley Avenue Osterman Family

3rd Place 746 West Kemper Road Sharkey Family

Hm 696 Allen Avenue Emerson Family

Hm 517 Cloverdale Avenue Hamm Family

Hm 462 Dimmick Avenue Wolf Family

Hm 506 Dimmick Avenue Douglass Family

Hm 639 Cloverdale Avenue Edrington Family

Hm 507 Dimmick Avenue Cassedy Family

Area 4

Special Award

11551 Madison Avenue Heckman Family

1st Place 11490 Whallon Court Wright Family

2nd Place 583 Lafayette Avenue Brabbs Family

3rd Place 11493 Whallon Court Fenstermacher Family

Hm 579 Lafayette Avenue Brewer Family

Hm 585 Grandin Avenue Di Marco Family

Hm 577 Observatory Drive Foster Family

Hm 11485 Bernhart Court Rabert Family

Hm 565 West Kemper Road Miller Family

Area 5

1st Place 482 Vista Glen Leach Family

2nd Place 376 Cameron Road Williamson Family

3rd Place 11095 Springfield Pike Hocker Family

Hm 444 West Sharon Road Janzen Family

Hm 375 Cameron Road Stacy Family

Area 6

Special Award

11783 Van Cleve Avenue Salatowski Family

249 Ruskin Drive Shroyer Family

1st Place 11828 Ramsdale Court Shirley Flynn

2nd Place 11718 Van Cleve Avenue Carroll Family

3rd Place 11817 Neuss Avenue Meyer/Vanover

Hm 118 Ruskin Drive Meece Family

Hm 11816 Neuss Avenue Sorrell Family

Hm 11960 Lawnview Avenue Krause Family

Hm 104 Rosetta Court Mayweather Family

Hm 113 Rosetta Court Ammon Family

Area 7

Special Award

12122 Audie Court Rish Family

1st Place 829 Cresentville Road Rokiski Family

2nd Place 777 Castro Lane Barbara Akers

3rd Place 12158 Audie Court Monson Family

Hm 966 Ledro Street Bertram Family

Hm 877 Tivoli Lane Farmer Family

Hm 780 Ledro Street Atkisson Family

Hm 757 Ledro Street Moore Family

Most Decorated Street –Van Cleve

Most Decorated Subdivision – Beacon Hills

Clerk of Council/Finance Director – Mr. Knox said I’d like to recommend Ordinance 48-2003.

Administrator’s Report – Mr. Osborn said there was a decision by Planning Commission rejecting an application by Provident Bank to alter its logo and signage at 495 East Kemper Road. Mr. Trauth, legal representation for Provident Bank, has requested the right to appeal. That will be scheduled for January 7, 2004.

Mr. Osborn said the City is in a position to accept a landscape easement from CVS on the northwest corner of Springfield Pike and Kemper Road. We will use the area to add more paver material and the bench and waste container that were located at the corner until construction was started. We request legislation at the next meeting accepting that easement.

Mr. Osborn stated the Fire Department made application under the FEMA Aid to Firefighters Grant to apply for $114,750 as 90% of an equipment replacement program valued at $127,500. That grant has been approved. The local match will be $12,750. The purchase includes a replacement to the compressor that currently exists at the Fire Station. It will also provide for the replacement of fifty sets of turn-out gear. Each set of turn-out gear costs about $3,000. This couldn’t have come at a better time as we have been cutting back on expenses. We will also be upgrading the face plates that firefighters use on their SCBA equipment. In addition we will be acquiring ten new SCBA units.

Mr. Osborn said I have e-mail addresses for all elected officials except two. I would like you to consider the option of the City, particularly me, corresponding with you via e-mail rather than having you come in and pick up mail in your mailbox here.

Law Director’s Report - no report

Engineer’s Report – Mr. Shuler said we did have a construction related problem on Kemper Road yesterday. The fascia of the retaining wall that was just built this summer on the south side of Kemper east of Century fell down. In addition of the clean up, we had the contractor place along the street in front of the sections of the wall where the fascia did not come off, some portable concrete barriers so if anymore came off it would not spill out on the roadway. There were no injuries or vehicle damage when the wall did fall. This is the fascia of the wall, not the structural part of the wall. When that project was designed, for aesthetic reasons we wanted to maintain the appearance of the modular walls that are used at other locations along the street. Those walls are not designed to support the height of the hillside we have there so we have a structural wall behind this wall. First observation is that there was a failure in the connectors between the structural piles and the facing wall. Today we had the H. C. Nutting Company out there. They made their observations and collected material samples. Those were taken to Columbus today for testing. As soon as we get their report we will be sitting down with Administration to review the findings of their report and then talk about a recommendation for repair. We will then be getting back with the contractor with what they need to do to correct the situation. In all likelihood the remaining part of the wall that did not come down in this failure will also come down. Then the whole fascia system will have to be rebuilt. We will want to delay the reconstruction until after the holidays because of the traffic situation. There is no concern about the hillside slipping and no concern about the building. The project was just being completed and we have not completed payment to the contractor. We are holding substantially more dollars than this repair work will cost so we are in a stronger position to make sure this gets done, gets done quickly and gets done satisfactorily.

Mr. Danbury asked is the contractor going to absorb the cost of the repair?

Mr. Shuler replied yes, we are certainly heading in that direction. We don’t know what caused the problem but there certainly was a failure of the system that they put together.

Mr. Danbury said it took me forty-five minutes to get to Tri-County from West Chester. Is there any compounded reason why we are experiencing this right now?

Mr. Shuler replied the other construction in the area that has reduced alternate routes certainly has some bearings. The Christmas shopping period has some bearing.

Mr. Osborn said we have had a tremendous run of bad luck. The Butler County Environmental Services decided to change out a high pressure water relief valve in the middle of SR 747 north of Crescentville that required blocking traffic northbound, so they had to come south of the intersection in the area of the entrance to GEAA Park. You had to merge into one lane before you got to the intersection and that created a terrible traffic jam. We tried to get some modification on the timing of the construction but all we managed to do was move the chaos from the normal work day to the early rush hour. One day we had a train breakdown that locked the CSX crossing on SR 747. We also had a sewer collapse on Chesterdale. The Cinergy people have been here working on a gas main, and now the wall falls down.

Mr. Osborn said I’d like to add something to what Mr. Shuler said about the wall. We are still processing a change order and are sitting on $469,000 of the contractor’s money. If it is a matter of the welds being the source of the failure we are going to insist on the whole wall coming down. We can’t take a chance on any of that wall coming down at a later date. I don’t know whose fault it is, but it’s not the City’s responsibility to be faced with this task.

Mr. Wilson asked when work like this wall is done is there a guarantee with it?

Mr. Shuler replied our contracts have a guarantee period.

Mayor Webster said let’s not forget with all the traffic problems we have, I went to Tri-County today, in and out, no problems at all.

Mr. Osborn said it is my understanding that Channel 9 has done a news story on how well we handle our traffic out here.

COMMUNICATIONS - none

COMMUNICATIONS FROM THE AUDIENCE - none

PRESENTATION -Police Department – AAA’s Community Traffic Safety Awards - Chief Laage stated earlier this month we attended the 2003 Triple A Community Safety Banquet. Each time we go we come away as the top winner in Ohio. This year we received the Gold Award for our traffic efforts. This year our presentation consisted of thirteen individual programs. There are three areas of the program: education, engineering and enforcement. We are very complete and comprehensive in our traffic program. Our Safety Town program is the longest running traffic safety program in greater Cincinnati. Other programs are the third grade seat belt program and the senior program. I can’t get around complimenting TEC Engineering, our traffic engineering firm. They are the most progressive traffic firm in greater Cincinnati. Road closures are our problem. We don’t have a road closure from Thanksgiving on because that is the time for our business community. Cecil is very supportive of our traffic efforts and in supporting the business communities. There was an article in the Tri-County Press tonight about this program. There is supposed to be a major article in the Enquirer. It is in regard to our proactive planning for the holiday season. We are moving a lot of traffic. At times on SR 747 during the busy times of the Christmas season, you are seeing 100,000 to 150,000 cars a day.

Lieutenant Wells and Officer Jeff Witte presented the award to Mayor Webster.

Chief Laage said I would like to mention the Fire Department. They also participate in Safety Town and do the child safety seat project. The signage done by Public Works is also a part of this. The team approach is what makes it work.

ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 48-2003 "AMENDING CERTAIN SECTIONS OF CHAPTER 94: TAXATION OF THE CODIFIED ORDINANCES OF THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY"

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

Mr. Knox said the overall outcome of the changes to the Tax Code will be so negligible as to be unnoticeable. It won’t increase or decrease taxes. It will just be easier to work with.

Ordinance 48-2003 passed with seven affirmative votes.

ORDINANCE NO. 51-2003 "SUPPLEMENTAL APPROPRIATION ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSE AND OTHER EXPENDITURES FOR THE CITY OF SPRINGDALE, OHIO DURING FISCAL YEAR ENDING DECEMBER 31, 2003"

Mr. Danbury made a motion to read by title only and Mr. Galster seconded. The motion passed with seven affirmative votes.

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

Mr. Osborn stated the transfers you see are mostly a result of accounting procedures. The general fund comes in under budget and every operating department comes in under budget but we do need to move some money around within the general fund.

Ordinance 51-2003 passed with seven affirmative votes.

ORDINANCE NO. 52-2003 "TEMPORARY APPROPRIATION FOR THE PERIOD 1/1/2004 UNTIL THE FISCAL YEAR 2004 APPROPRIATION PERMANENT ORDINANCE IS ADOPTED BY COUNCIL"

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

Ordinance 52-2003 passed with seven affirmative votes.

ORDINANCE NO. 53-2003 "AMENDING ORDINANCE NO. 92-2002 TO PROVIDE FOR WAGE INCREASES AND DECLARING AN EMERGENCY"

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

Mr. Osborn said this pay ordinance provides the pay increases for employees in 2004. Generally it represents a 3% across the board for all full-time employees except sworn police officers and firefighters. It also increases the pay ranges for the part-time firefighters. The exception for the police officers is because they are under the third year of a three-year labor agreement. The firefighters are not included in this legislation because we are still in negotiations with the local IAFF.

Ordinance 53-2003 passed with seven affirmative votes.

ORDINANCE NO. 54-2003 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO AMEND THE CONTRACT OF CDS ASSOCIATES, INC., FOR ENGINEERING SERVICES TO THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY"

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

Ordinance 54-2003 passed with seven affirmative votes.

ORDINANCE NO. 55-2003 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO AMEND THE AGREEMENT WITH

WOOD & LAMPING LLP FOR LEGAL SERVICES TO THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY"

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

Ordinance 55-2003 passed with seven affirmative votes.

ORDINANCE NO. 56-2003 "ACCEPTANCE OF THE DEDICATION PLAT FOR RIGHT-OF-WAY BY CHURCH OF THE SPRINGDALE NAZARENE ON STATE ROUTE 4"

First Reading.

ORDINANCE NO. 57-2003 "ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH PREMIER MECHANICAL FOR SERVICING HVAC, HOT WATER AND CONTROL SYSTEMS AND DECLARING AN EMERGENCY"

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

Ordinance 57-2003 passed with seven affirmative votes.

ORDINANCE NO. 58-2003 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO APPROVE A CHANGE ORDER IN

THE AMOUNT OF $57,890.65 TO INCREASE THE CONTRACT

OF TREND CONSTRUCTION FOR THE SPRINGFIELD PIKE STREETSCAPE PROJECT (STATE ROUTE 4) AND DECLARING AN EMERGENCY"

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

Mr. Osborn said this represents the final change order for this project. Changeover 5 is a combination of new costs and credits for non-performed work. We have $108,806 in additional work and $51,000 in credits for non-performed work for a net of $57,890.65. The major items that were added were the placement of a little more sidewalk on the west side of Springfield Pike than we anticipated. We decided to go with loop detection at the Grandin intersection on the side streets. We incurred $20,000 because we elected to push the coordination cable for the traffic system under driveways rather than disrupt businesses with open cuts. We incurred $7,200 for curb and gutter work.

Ordinance 58-2003 passed with seven affirmative votes.

ORDINANCE NO. 59-2003 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ACCEPT THE EASEMENT LOCATED AT THE INTERSECTION OF CENTURY BOULEVARD AND EAST KEMPER ROAD WITH CONDITIONS AND DECLARING AN EMERGENCY (TARGET)"

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

Mr. Osborn said we are requesting an emergency clause as this is right-of-way. This right-of-way has been used to construct Phase II of East Kemper Road Project. We are on Target property right now through a temporary right of entry. We’d like to get this done before Target changes its mind again.

Ordinance 59-2003 passed with seven affirmative votes.

RESOLUTION R27-2003 "APPOINTING AS A MEMBER OF CHARTER REVISION"

Mrs. McNear reported I have finally reached all the members who were appointed to this board. Mrs. Beth Chavies, whose term expired 12/31/03 has moved out of the City. Also, Mr. John Butsch has left the City as well. His term expires 12/31/05.

Mr. Vanover made a motion to table and Mr. Wilson seconded. The motion passed with seven affirmative votes.

Mrs. McNear said the Civil Service position for Mr. Strange expires 12/31/03 and we would like to handle this this evening as there will be some business that needs to be attended to prior to our next Council meeting. Mr. Strange is interested in continuing.

Mr. Vanover nominated David Strange to Civil Service,

RESOLUTION R28-2003 "APPOINTING DAVID STRANGE AS A MEMBER OF THE CIVIL SERVICE COMMISSION"

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

Resolution R28-2003 passed with seven affirmative votes.

Council recessed from 8:45 p.m. to 9:05 p.m.

PRESENTATION AND DISCUSSION – 2004 BUDGET

Mr. Wilson said the first six pages of the budget is an overview of what our proposal is and what we hope to accomplish budgetarily in 2004. Then we have the itemized pages per department. Hopefully, everyone has had a chance to review the first six pages of the letter that Mr. Osborn and staff wrote to me as chairman. If you have any questions stop Mr. Osborn and we’ll entertain your question at that time.

Mr. Osborn stated I would like to read the first few paragraphs: "The 2004 budget is hereby respectfully submitted for City Council’s consideration. As you review this document it will be clear that the City is facing a very critical fiscal situation. Despite cost cutting measures in 2002 and 2003 and further budget reductions in 2004, current projections indicate that the City will lack sufficient reserves coming out of 2004 to sustain operations in 2005. If our revenue stream does not improve substantially by the end of the first quarter 2004, the City will have to make significant cuts in services and personnel. In order to balance the budget for 2004 it has been necessary to cut virtually all capital improvement projects, eliminate the 2004 street repair program, continue to postpone the replacement of vehicles and other rolling stock, continue the freeze on filling vacant positions and generally cut costs as far as possible without materially affecting services."

Mr. Osborn went over the budget by department.

Mayor Webster said on page 37, curbside recycling expense, that’s a lot of money we are spending for recycling. We will be taking a close look at this if we have to make further reductions. Some other communities have never picked this up or have discontinued the cost. The Solid Waste District has excess money left over and has elected to give it back to all communities even if they don’t participate in the recycling program.

Mr. Osborn said we’d like to bring Ordinance 1-2004 before you on January 7, 2004, which will adopt the appropriation ordinance for 2004. That ordinance will reflect the budget document you have before you, as well as true year-end balances and encumbrances that have to be carried forward out of this year.

Mrs. McNear said thank you for the budget and to all the department heads and Finance Department. This was probably the most difficult budget we’ve had to put together since there basically isn’t any money to do any projects.

Mr. Osborn stated I distributed to Council a two and one-half page document that calls out specific items that have been cut from this year’s budget.

Mr. Wilson said I would like for each of us to look at the budget again and make certain we know what we are up against.

OLD BUSINESS - none

NEW BUSINESS - none

MEETINGS AND ANNOUNCEMENTS - none

COMMUNICATIONS FROM THE AUDIENCE - none

UPDATE ON LEGISLATION STILL IN DEVELOPMENT

Ordinance 56-2003

Resolution R27-2003

RECAP OF LEGISLATIVE ITEMS REQUESTED

Board of Health reappointments (3) - January 7

Easement for NW Kemper Road and Springfield Pike - January 7

Budget for 2004 - January 7

Resolution for Carol Marlar - January 7

Council adjourned at 9:40 p.m.

Respectfully submitted,

 

Edward F. Knox

Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council

 

__________________________, 2003