President of Council Kathy McNear called Council to order on December 15, 1999, 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 was absent.
The minutes of December 1, 1999 were approved with six affirmative votes.
Committee and Official Reports
Rules and Laws - no report
Public Relations - no report
Public Health, Safety & Welfare - no report
Public Works – Mr. Vanover reported that the 1999 street project has been completed and the committee will begin work this month on the 2000 program.
Public Utilities - no report
Capital Improvements – Mr. Vanover stated SR. 747 CSX grade separation Stage 2 ODOT review comments have been received and are in the process of being reviewed. Final construction plans are scheduled to be submitted by June 2000 with right-of-way acquisition to take place in the fall of 2000 and spring of 2001. The project is scheduled to be bid in the fall of 2001 with completion by the end of 2003. Under the West Kemper Road Storm Sewer Phase 2 project, 200 feet west of Greenlawn to Kenn Road, the project has been completed except for a few punch list items.
Kemper Road improvements at SR 747 right-of-way negotiations are continuing. The LTIP funding from Ohio Public Works Commission program has been received for this project. It’s $608,606 from Ohio Public Works Commission and $152,151 from Municipal Roads Fund. Construction is scheduled to start in the summer of 2000 and will continue for about a year. The Community Center expansion work in progress to date includes masonry, metal deck, exterior metal studs and sheathing, roofing, parking lot, overhead storm piping, electrical underslab rough in, HVAC equipment. In the Police Department HVAC improvements Phase 2, the air handler has been delivered to the site and installation is underway. Modifications to the hot water heater exhaust vent are being prepared and costed. The project is expected to be substantially completed by the end of the month. The Rec Center ball field lighting replacement has been competed except for a few punch list items.
Finance Committee – Mr. Wilson said item 11 on our agenda is a work session for the 2000 budget.
Planning Commission – Mr. Vanover said Planning Commission met last evening. Everyone was in attendance except for our other Council person and there was some discussion of that situation. We had a letter to Rick Shteiwi on the Gold Star repainting discussion. That was tabled until the January meeting.
There was a concept discussion of proposed expansion of Office Resources Inc., located at 171 Container Place. That concept was granted 6-0. However, there are 4 variances that they have to obtain from BZA.
There was a preliminary plan approval for Sears, the Great Indoors, 925 Commons Drive. This item was deemed to be a substantial change to the PUD so it will be referred to Council. We have also directed Mr. Shvegzda to do a more intense study on the traffic.
Another item under discussion was the City’s pro rata share of dues to the Hamilton County Regional Planning Commission. The Commission voted not to support. There is no direct benefit to the City.
Board of Zoning Appeals – next meeting Tuesday, December 21.
Board of Health – Ms. Pollitt said the board discussed and passed a resolution for an increase in food service licensing fees. We also reviewed the health inspection food reports, swimming pool inspection report and nuisance animal report.
Civil Service Commission - no report
O-K-I - no report
Mayor’s Report – Mayor Webster said I was remiss at the last Council meeting of not acknowledging the passing of a former Council member, Mr. Herb Spangler. He was sort of the father of soccer in this area. He certainly left his mark on Springdale and he served on Council in the mid 70s. I would like to extend the City’s sympathies to his wife Pat, sons Rick and Chris, and daughter, Robin.
There will be no Mayor’s night in next week since it’s Christmas week. I would like to thank the Garden Club for the swags decorating the entrances to most of the City’s buildings.
I would like to announce the 1999 Christmas award winners. I would like to have these people in on January 5.
1st Place 12065 Brookston Dr. Toler
1st Place 799 Yorkhaven Rd. Runge
2nd Place 808 Ashcroft Ct. Lee
3rd Place 761 Yorkhaven Rd. Taylor
Hm 860 Yorkhaven Rd. Kortanek
Hm 12190 Brookston Dr. Harsley
Hm 12025 Greencastle Dr. Broenner
1st Place 11850 Fairsprings Ct. Compton
2nd Place 12095 Springdale Lake Dr. Veldhuis
3rd Place 12050 Springdale Lake Dr. Mpagi
Hm 12185 Springdale Lake Dr. Erzen
Hm 11811 Woodvale Ct. Fletcher
Hm 11833 Knollsprings Ct. Landsom
Hm 11840 Knollsprings Ct. Hogden
1st Place 681 Allen Ave. Bosken
1st Place 580 Cloverdale Ave. Plum
2nd Place 570 Cloverdale Ave. Amyx
3rd Place 567 Smiley Ave. Sunderman
Hm 586 West Kemper Rd. Hinkle
Hm 693 Allen Ave. Singer
Hm 462 Dimmick Ave. Wolf
Hm 696 Allen Ave. Emerson
1st Place 11511 Madison Ave. Heckman
2nd Place 585 Gradin Ave. Di Marco
3rd Place 583 Lafayette Ave. Brabbs
Hm 11490 Whallon Ct. Wright
Hm 562 Grandin Ave. Audretch
Hm 577 Observatory Dr. Foster
1st Place 403 Vista Glen Ketring
2nd Place 376 Cameron Rd. Williamson
3rd Place 375 Cameron Rd. Stacy
Hm 361 Naylor Ct. Warken
Hm 10960 Fallstone Dr. Moore
Hm 482 Vista Glen Leach
1st Place 11783 Van Cleve Ave. Salatowski
2nd Place 105 Harter Ave. Owens
3rd Place 11813 Nuess Ave. Brady
Hm 11891 Lawnview Ave. Holmes
Hm 11813 Mangrove Lane Martinez
Hm 249 Ruskin Dr. Shroyer
Hm 11722 Van Cleve Ave. Reinhardt
1st Place 12122 Audie Ct. Rish
2nd Place 705 Castro Lane Wolsing
3rd Place 1003 Pilgrim Place Schmidt
Hm 12095 Cornavin Ct. Hicsonmez
Hm 829 Crescentville Rd. E Rokiski
Hm 12149 Benadir Rd. Corwin
Hm 1254 Wainwright Dr. Birkofer
Mayor Webster said every year it gets prettier and prettier out there. If only have a few minutes to look at lights be sure you go up Allen Avenue, but you also have to pay Yorkhaven Road a visit.
Clerk of Council/Finance Director – Mr. Knox read a letter from Rhonda Burton, Tax Commissioner, announcing her resignation effective late January. Mr. Knox said we have begun to work on an advertisement for her replacement. Mr. Osborn concurs that she has done an outstanding job, particularly in the last year. She will be sorely missed.
Administrator’s Report – Mr. Osborn said I want to update Council on an incident that happened Thanksgiving Day. Officer Mike Noble, who has been on our department for six months, was dispatched to a theft in progress at Bob Evans. He was proceeding northbound on SR4 with his lights and sirens on. The light was green as he was approaching the intersection of the westbound exit ramp. The vehicles coming southbound had stopped. The vehicle on the westbound exit ramp was already stopped because of the light. Just as he entered the intersection the operator of the vehicle on the ramp saw the green light and pulled out in front of the officer’s cruiser. He struck that vehicle, bounced off that car, hit a car that had stopped for his access to the intersection and then straddled the median. The passengers in the other vehicles were taken to the hospital and released that same day. Officer Noble was also taken to the hospital and it was determined that he had a concussion and spinal injuries. He was released from the hospital on November 27. He has undergone substantial physical therapy in preparation for surgery that is forthcoming. He has compressed vertebrae, a fractured vertebrae and a ruptured disk. He will be recuperating for a while before he can come back to work. The cruiser was totaled and there was severe damage to the other vehicles as well. The Police Department reports and an investigation confirms that Officer Noble was following all policies and proceeding with caution. There were independent witnesses who confirmed that other vehicles in the vicinity of the intersection had reacted to his lights and sirens. It’s a regrettable situation and hopefully the recovery period won’t be too severe. We all wish Officer Noble a speedy recovery.
Mr. Vanover made a request a few meetings ago for the planting of trees in the vicinity of Tavel and Navonna Courts. We have looked at the area and there is some concern because of the construction of the 915 replacement sewer. This area may be a staging area or place for vehicles to gain access to other parts of the creek. We aren’t giving up on the idea of putting trees in. We would just like to postpone it until they get past that point on construction.
Mr. Osborn said we have no regulation on the use of seat belts. There is a state law, but none locally. Typically when we have a traffic stop or accident that we are investigating, if there is a citation it is under our local ordinance. If we want to cite for a seat belt violation, then the officer has to go downtown to court for the seat belt violation. Chief Laage recommended that we adopt something similar to the state law as our local code. The department would like to initiate an aggressive effort to enforce seat belt use in the City as it is a proven way of saving lives. With Council’s concurrence I’d like to work with the Law Director’s office and the Police Department and bring an ordinance before you in the near future.
Mr. Osborn continued I was called by Nadine Liggett of North American Properties today. She indicates that North American closed on all the properties on McClellan’s Lane yesterday and the residents are in the process of relocating. They expect all the homes to be vacated by mid January. The Police Department is aware of this. Many of the homes are boarded up and to avoid the appearance of this area being vandalized and for the safety of the residents remaining there, the Police Department is going to show extra presence in that area until after everyone is relocated.
The Community Center’s brochure had indicated that it would be closed on Christmas Eve and New Year’s Eve. They will be in operation on those days 8:00 a.m. to 5:00 p.m. Also, the fitness room weight area, has been relocated to its temporary location, which is a former storage area, that is one more door up the same hallway you use to get to the fitness area, before you get to the racquetball courts.
Mr. Osborn said we will put the list of the Christmas award winners on the web page.
Law Director’s Report – Mr. Schneider reported that we will be in a pre-trial court meeting tomorrow for a settlement conference in the Burns matter.
Engineer’s Report - no report
Mr. Knox said we have a letter from Time Warner saying they are raising the rates. The lifeline rate is going from $8.11 to $9.32 which is a rise of just under 15%. The standard rate is going up 24 cents, which is just over 1%.
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCE NO. 53-1999 "AMENDING THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, OHIO, SECTION 32.02(A) OVERTIME AND ADDITIONAL COMPENSATION"
Mr. Vanover made a motion to adopt and Mr. Galster seconded.
Mr. Osborn said this ordinance modifies the manner in which the Assistant Fire Chief is compensated to the degree that it makes him/her eligible for overtime pay under very specific circumstances. That would include the officer working outside his normal duties as Assistant Fire Chief and filling in for another supervisor. The other provision would indicate that they are compensated at a straight time rate. This is the same language that applies to the Assistant Police Chief and Assistant Recreation Directors.
Ordinance 53-1999 passed with six affirmative votes.
ORDINANCE NO. 57-1999 "AMENDING ORDINANCE NO. 20-1999 TO PROVIDE FOR WAGE INCREASES AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Mr. Wilson seconded.
Mr. Osborn said this is the City’s annual compensation ordinance for the coming year. Pay Table I for hourly employees, Pay Table II for salaried employees and Exhibit D, pay rates for part-time firefighters have all been advanced at 3.5% across the board. There have been specific changes to Exhibit C. Under office worker we have increased the top end of that rate from $9.00 to $10.00 an hour; instructor at the Community Center top end of the range has changed from $10.00 an hour to $15.00 an hour. The Medical Director’s rate has changed from $500 to $1,000 annually. The part-time sanitarian increase is from $16.50 an hour to $17.50 an hour on the top end. We added the category of part-time violations bureau clerk and are compensating those individuals at grade 5 from Table I. The instructors’ pay runs from $5.15 an hour to $15.00 because there is a great variety of skills and level of expertise that any particular instructor might bring to the center.
Ordinance 57-1999 passed with six affirmative votes.
ORDINANCE NO. 58-1999 "ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A FOUR YEAR CONTRACT WITH RUMPKE WASTE, INC FOR WASTE COLLECTION AND RECYCLING SERVICES AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Squires seconded.
Mr. Galster asked are these rates bid for four years or are there escalations built in?
Mr. Parham replied these are the rates for the four year period.
Mr. Vanover asked do we have any provisions for replacing the curbside recycling bins?
Mr. Parham responded there are no provisions in the contract for that but those are the property of Rumpke. I believe if the individual would call Rumpke and ask for a replacement, he/she could get a new one.
Ms. Pollitt asked is the $2 curbside recycling per resident based on the number of residents we have in Springdale or the number of pickups?
Mr. Parham said this is based on the number that is registered now. They are showing a number of 2,572 units participating. I don’t believe we have that many participating and neither does the representative for Rumpke so I’ve instructed them to do a count and see how many are actually participating. I’m sure there are times that residents have vacated the premises and we have not removed them from the numbers, but when someone moves in and asks for a recycling bin we add them to the numbers.
Mr. Squires asked would the total figure change if that number changes?
Mr. Parham answered the total figure will change but the rate will remain the same. Any time a new residents begins the program we will be charged an additional $2 for that resident.
Ordinance 58-1999 passed with six affirmative votes.
ORDINANCE NO. 59-1999 "SUPPLEMENTAL APPROPRIATION ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF SPRINGDALE, OHIO DURING THE FISCAL YEAR ENDING DECEMBER 31, 1999 "
Mr. Galster made a motion to adopt and Mr. Wilson seconded.
Mayor Webster said in Section 5 we are advancing $30,000 to the Northwest Business TIF. Is that just to get it out of the red for the year end?
Mr. Knox said we have not received a reply from the current owners of the land. We do have monies due to us. Not knowing if it will be received or not we’re just going to put $30,000 in there to cover it.
Mayor Webster asked what kind of money is outstanding on that?
Mr. Knox answered I can’t remember. We will be a little short this time, around $12,000 I believe.
Mayor Webster said they have given us copies of the service agreement for the new TIF. Once they’re ready to move I’m sure they will rush in here and want the City to borrow $17 million. I would like to make sure we’re on solid ground with this $2 million TIF before we borrow the $17 million.
Mr. Knox stated Rhonda is monitoring this very closely and she has written letters to everybody. She has tracked down who is legally obligated to pay for that. It should be resolved in January.
Ms. Pollitt said in Section 4 it says we are transferring $3,715.98 from the Adult Sports to the General Fund. Then we are allocating more money up at the top. Was that money not used this past fiscal year?
Mr. Knox said if you notice in Section 2, we are making additional appropriations to the Adult Sports Fund but it needs to return $3,700 to the General Fund. That’s why it is in both locations. It’s one of the most diverse funds and also one of the smallest.
Ordinance 59-1999 passed with six affirmative votes.
ORDINANCE NO. 60-1999 "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 Ms. Pollitt seconded. Ordinance 60-1999 passed with six affirmative votes.
ORDINANCE NO. 61-1999 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO AMEND THE AGREEMENT WITH WOOD & LAMPING FOR LEGAL SERVICES TO THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Mr. Wilson seconded. Ordinance 61-1999 made a motion to adopt.
ORDINANCE NO. 62-1999 "AUTHORIZING THE EXECUTION OF A TAX INCENTIVE AGREEMENT IN CONNECTION WITH THE EXEMPTION OF CERTAIN IMPROVEMENTS FROM REAL PROPERTY TAXATION FOR THE DEVELOPMENT KNOWN AS PICTORIA ISLAND AND DECLARING AN EMERGENCY"
Ms. Pollitt made a motion to adopt and Mr. Vanover seconded.
Mr. Osborn said this is another piece of legislation in a series of ordinances that we need to adopt to ultimately implement the TIF we have been planning with Northking Development. The first ordinance you approved a few meetings ago actually created the TIF. Under state law if a TIF creates a development that will generate more than $1 million in payroll, then the law requires that the City share 50% of its income tax revenues from that site with the local school district. It has been our policy in Springdale not to create a TIF or enterprise zone agreement where we have to share our earnings tax. The state law does provide for the alternate of the developer finding some other inducement for the school district that would bring about their waiver of the revenue sharing requirement. That is the purpose of this agreement. On page 2, Section 1, paragraph b, it sets out the compensation that the school will receive in lieu of revenue sharing, "The developer and his designated signees who own portions of the exempted property agree to pay to the school district an amount equal to 225 one-thousands dollars (.225 cents) per square foot of space developed on the exempted property and available for occupancy as evidenced by the availability of a certificate of occupancy for such space as determined by the developer and certified to the school district and city." As the site develops, buildings are constructed and receive their certificate of occupancy, then at the next semi-annual payment period when we would receive the property taxes off this site, the incentive payment to the school will be based on the square footage that has been approved for occupancy.