Council was called to order on October 16, 1996 at 7:00 p.m. by President of Council Randy Danbury.

The Pledge of Allegiance was recited by the governmental body and those in attendance. The Invocation was given by Mr. Knox.

Roll call was taken by Mr. Knox. Present were Council members Boice, Galster, Manis, McNear, Vanover, Wilson and Danbury.

The minutes of October 2, 1996 were approved with 7 affirmative votes.

COMMITTEE AND OFFICIAL REPORTS

RULES AND LAWS - Ms. Manis said there will be a public hearing on the wild and potentially dangerous animal ordinance next meeting, November 6.

PUBLIC RELATIONS - no report

PUBLIC HEALTH, SAFETY AND WELFARE no report

PUBLIC WORKS - Mr. Vanover reported on the 1996 street improvement program. All work in the original contract is complete except for the paving, striping and final punch list items. The extra items added to the contract were the Rockcrest street repairs and the St. Rt. 747 emergency pull-off at the railroad crossing. That should be complete by the end of the month.

PUBLIC UTILITIES no report

CAPITAL IMPROVEMENTS - Mr. Wilson stated all 1996 projects are complete except for the Ray Norrish Drive improvement and Crossings resurfacing. Our contractor is finally working on the lane widening. However, CG&E has still not located the underground electricity. This will bring the work to a stop again if the electricity is not relocated this week. I was out there this morning with the individuals from Time-Warner and it's my understanding we're in daily communications with CG&E but as of yet, they have not moved their lines.

FINANCE COMMITTEE no report

PLANNING COMMISSION - Mr. Galster reported that Planning Commission met October 8, 1996. Home Quarters requested approval of outside storage. That's an ongoing discussion. They are going to come up with some new proposals. That was tabled 7-0. We had preliminary plan approval of the proposed facility for Vineyard Community Church which is behind Dick's Sporting Goods. There are 48 acres and they are going to develop about 17 acres and leave the rest natural. There was some discussion regarding the tree ordinance and their compliance. It was pretty much agreed by the members of the board that leaving that many acres untouched and given the density of the woods there that that was a pretty good arrangement for the City.

BOARD OF ZONING APPEALS -- Mrs. Boice said they met last evening and all members were in attendance. Bill Mayborg, 402 Cameron Road, requested a variance to allow his deck to project sixteen feet from the front door. This was dropped from the agenda because the Building Department went out, did some measuring and realized that the house originally had been set back further than the normal set back required so no variance was needed. EmKenn Homes requested a variance to allow the construction of a new single family residence at the southeast corner of Madison Avenue and West Kemper Roads. They needed a rear yard set back variance. During the discussion it was confusing as to what the next door neighbor's set back was. We did not want a house projecting out, whereby the neighbor could look out and see nothing but the corner of this house so they asked to be given time during the meeting to go back out and measure this, which they did, then appeared later in the agenda. This was a really great situation of giving and taking. The Board of Zoning Appeals tries to work with the businesses and residents. We have many applicants come in and say my way or no way and generally it ends up no way when they take that type of attitude. This was a situation where they did do some readjusting on sideyards, front yard, etc., and that variance was granted with six votes and one abstention. One of our members knew the individuals involved in this and properly chose to abstain. James Petrey, 570 Observatory Drive, requested a variance to allow his deck to be closer than 17.5' to the property line. This was a case where it was only one corner of the deck that was extending beyond what is required and there is a privacy fence there. This was granted 7-0. Vineyard Community Church, 1391 East Crescentville Road requested a variance on two different items. One dealt with a trailer that they wished to put onto the property to take care of office functions. They are outgrowing their property. They had indicated on the new property that Mr. Galster referred to, that they would be building an office on there. Mr. Okum, who is the representative on Planning Commission, did call to our attention that as far as his recall was this had not been discussed in Planning, which I personally and many members of the board found quite upsetting. They were asking for a variance in connection with something that they intend to build but have not yet discussed with Planning. They apparently had had some other plans for office space but it fell through and they said they wanted this variance for a certain amount of time and when that time was up they would find other rental space. Deep in my mind was why not find rental space now? The discussion was kicked around for a while and the variance on the trailer was granted by a 4-3 vote. The trailer will have to have proper lighting. The HVAC will have to be to the rear of it and they are to move it back as far as possible. They presently have been having a tent to handle their overflow crowds. Looking at the configuration where the tent is, it does present some real safety problems in the parking lot. They wanted this tent to continue through November of this year; then to use it again from April to November of 1997 and also April to November 1998. We fight tents in this City all the time. I think Mrs. McNear pretty well summed it up when she addressed the representatives and said to them we have businesses in the City that we are very careful about how many tents they can have up and the church also is a business. We cannot set this type of precedent allowing that tent for that amount of time plus the safety factor in the parking lot. That variance for the tent was denied 7-0. Springdale Family Medical Center, 212 W. Sharon Road, requested a variance to allow zero parking lot set back on the west property line. This has gone through Planning Commission also. Any of you who are familiar with that corner know they have a very tight area to work in. Mr. Bramkamp, their neighbor, had preferred to maintain his retaining wall that is there and nicely shrubbed, rather than their extending a green area in that point for four or five feet, which will give them a better turning radius for people coming into the complex. They deal with many elderly patients who may have vision problems, etc., and it's also better for emptying their dumpster. That variance was granted 7-0.

Mr. Galster asked Mrs. Boice if she could tell him where the trailer was going to be located.

Mrs. Boice replied it's going to be located between the two buildings and be facing Chesterdale Road. We want it pulled back as far as we can because that is going to create a dead area. Mr. Okum did stress some lighting. She said there are light packs on the trailer and did stress what a fancy trailer this is and one of the board members did comment a trailer is a trailer is a trailer. I will only quote what I said last night to the applicants. "It was one of the most confusing presentations that had ever come before the Board of Zoning Appeals." We were shifting things from here to there to whatever. I was irritated. I thought it was a poor presentation. I was very dispirited over the fact that Planning Commission had not been aware of this office building. I found that very questionable. I would ask that when that particular property comes back in to Planning Commission that you do keep an eye on it because there seems to be a shifting of things and I'm not sure they are clear that these things have to come through the proper process.

BOARD OF HEALTH - Mr. Vanover said they met last Thursday evening and there were several items on the agenda. They were having the first reading for the 1997 food license fees and there are three readings and a public hearing. The board approved the new rabies regulation by unanimous decision and also there was some discussion on the public hearing for the exotic and potentially dangerous animals ordinance as to whether the original group, such as the Herpetological Society at the meeting to discuss some of the problems had been notified. They felt that would be very proper and very gratuitous.

Ms. Manis said I have been in constant contact with those people and all they want is a copy of the ordinance.

CIVIL SERVICE COMMISSION - Mr. Coleman said at the September Civil Service Commission meeting it was agreed that the Civil Service Commission will schedule a meeting to specifically review the administrative manual and make changes as appropriate. We feel that things have changed and warrant our looking at it again in an effort to keep current with the City Administration here. Due to the unfortunate recent death of one of our firefighters it has become necessary to submit additional candidates' names to the City Administration for consideration for the filling of that particular position. We have since submitted those names to the City Administration and are moving forward with identifying the candidates. In anticipation of the need to hire an additional police officer in 1997 the Civil Service Commission will be submitting additional candidates' names for consideration in the very near future toward identifying individuals for that particular position. As a result of one of the top ten scores for the violations bureau clerk's position indicating a desire to withdraw from consideration for that position, the name of the next person to be considered has also been submitted to the City Administration for consideration of that position. We are moving forward in filling the violation bureau's clerk position as well as identifying the candidates as mentioned above.

Mrs. Boice told Mr. Coleman thank you for taking the time to come to the meetings and apprising us of what is going on. I do appreciate it.

Mr. Galster asked if in filling Henry Scott's position, is that something we're taking from the recent candidates we had for firefighters or are we going back through the whole process all over again.

Mr. Coleman replied we are taking them from the recent list. Those individuals had already taken the appropriate tests and have become qualified as far as physical agility, etc.

Mr. Wilson said you indicated that the violations clerk had asked that her name be withdrawn. Was there a reason why she chose not to go forward with this?

Mr. Coleman responded I am not aware of a specific reason. I do believe because that position does shift work, it had some bearing on it. She indicated a potential problem of family impacts. I don't know that that's the specific reason but I think it may have had something to do with it. We stressed at the time of the interviews that that position is a shift work position. We had hoped that the candidates would consider that prior to going through the process but we don't have any control over that.

Mr. Parham said to bring Mr. Coleman up to date as well as City Council, he mentioned that the young lady did withdraw her name. They did also at the same time submit a name to replace that person. We have conducted the interviews and we have offered a position to a young lady by the name of Tonya Gray. The final phase of her hiring process was completed today. Once we receive the physical fitness assessment back from our agency we are ready to establish a start date for her.

O-K-I - no report

MAYOR'S REPORT - Mayor Webster said on the Community Pride program, inspections through September total 2,4037. In addition 222 calls were referrals or complaints. Almost 10% of the inspections were generated through calls or references. That resulted in 562 violation letters being sent out and once again, I'm proud to report we've had no cases cited to Mayor's Court regarding this program. Part of our Community Pride Garage Day Sale was to allow the residents to drop off paint. In addition to that Saturday, we also allowed the public to drop off paint on September 27, 28, October 11 and 12 and then on October 11 and 12 we also allowed people to pick up paint. I am pleased to report we had approximately 500 gallons of assorted paints that were dropped off and about 50 aerosol cans and a few other miscellaneous items like thinners and sealers. Out of all that we were able to recycle back to the residents of the City who took advantage of the program 82 gallons of paint, 33 quarts, 10 pints, 11 cans of spray paint, 3 gallons of thinner and 2 quarts of paint remover. Everything left over we had to dispose of. That was a very popular program as it was in the previous year. The debris removal program continues to go full steam. We had 30 requests last month and we've already had 26 for the month of October. Since the inception we have had 248 requests for a City truck. I'd also like to announce that Thursday, October 31, will be trick or treat night in Springdale. It will be observed between the hours of 6 p.m. and 8 p.m. I would also like to remind the public that there is a Halloween party for the children at the Community Center. That starts at 7:30 p.m. and goes until 9:00 p.m. for children 2 years of age through the fourth grade. We can accommodate the first 200 who apply. You can pick up tickets ahead of time and there are plenty of tickets available I was told late this evening.

CLERK OF COUNCIL/FINANCE DIRECTOR'S REPORT - Mr. Knox said many of the citizens have received a notice that Warner Cable will increase their cable rates on the first of January. I am not soliciting anything at this time. I would like to tell the people the rules under the new Telecommunications Act. Under the Telecommunications Act it says only local franchises (and the local franchise for Springdale is the City) can file complaints. We can only file a complaint after receiving two complaints from residents. Those complaints must be filed after the rates go into effect so in fact, nothing can happen until the rate change is made in January. As I said, I'm not soliciting this. I'm just trying to inform people that they must wait until the new rates go into effect if they intend to file a complaint.

ADMINISTRATOR'S REPORT - Mr. Parham said on October 10 we opened bids for highway de-icing salt for 1996/1997. We received four bids. They were from Cargyle Inc., Azko-Nobel, Norton and North American Salt Company. Prices range for the price per ton of dumping from $31.04 to $32.10. For the piler price the range is $33.04 to $33.60. Last year's cost with Cargyle as our supplier was $28.84 per ton dumped; $30.34 per ton piled giving us an increase this year of $2.20 with the lowest bidder for ton dumped and $2.70 per ton piled. We would like to recommend the low bidder of North American Salt Company at $31.04 per ton dumped and $33.04 per ton piled, and ask that Council consider legislation at the first meeting in November with the emergency clause. In an effort to provide an opportunity for open basketball and recreational activities for the teenagers of the community, the Community Center has implemented a new program for teen Friday night basketball. I must say that a lot of credit for the program goes to Mr. Coleman who was before you a minute ago, assisting in instituting this program. It begins on Friday nights beginning November 1 and runs until February 28, 1997 between the hours of 9 p.m. and 10:45 p.m. There will be open basketball play. It will not be your normal structured program where you have teams come in but an opportunity for boys and girls from ages 13 to 18 to come in and have something to do on Friday night and keep them off the streets. It will allow them to have pick-up games or if they bring a team in with them we will allow them to continue to play with one another. Part of the credit for Mr. Coleman is that he has been able to organize a number of volunteers to come out and run the program. They will serve as the overseers in the gymnasium and they will serve as the individuals who will register the youth as they come into the facility. That does not mean that we will not have a member of our staff from the Recreation Center there because we will and they will serve more in a supporting role and in enforcement of the rules. We will avoid the Fridays that surround holidays such as the Friday following Thanksgiving and Fridays around Christmas and New Year's. All of our present rules still remain in place and these individuals who will be participating are already members so they must have their ID card when they come to the Community Center. We have added additional rules. A lot of things reflect some of the issues we dealt with on the outdoors court as far as language and those type of things that are not permitted. One of the things we have is a set of rules posted in the gym and each individual will receive a copy of those rules so they will be fully aware of what is expected of them. It's an opportunity for us to give them something to do on a Friday night from the hours from 9 p.m. to 10:45 p.m. Presently the gymnasium is closed. There is no use then but as I indicated earlier a lot of credit goes to Mr. Coleman for requesting the program and Mr. Burton and his staff and the City for ironing out the program. I think it will be a successful program. Once again, it begins Friday, November 1 and runs through February 28. Finally, there is Ordinance 78-1996 on Council's agenda for this evening. Although there is a section listed for public participation there is a requirement when applying for these funds, that there are public participation opportunities held for the public to come out and speak in favor or against what is proposed. I think Council has received the list and also attached to the ordinance this evening is a list of projects we are proposing. There are also rough estimates with those projects. At the November 6 meeting we hope to have more firm numbers and also to prioritize those projects.

Mayor Webster said I would like to explain Mr. Osborn's absence. Mr. Osborn was asked to serve on one of the citizens' task forces at Princeton High School and he did volunteer to do that. He is representing the City of Springdale on the facilities task force. I think it's tremendously important as we have two Princeton schools here within the City of Springdale and we certainly would like to keep apprised of what's taking place on that committee. Hopefully the other meetings will not be on Wednesday evenings.

Ms. Manis asked if we are allowing guests in for the basketball. Mr. Parham replied no, it's simply for those who are participating. If a parent wants to come out and escort his/her child we will permit that. We will not permit teens to bring in their young friends to watch them play.

Ms. Manis asked if the park patrol will be in at this time, mostly for outside. With that age group of kids and at the time you can see a lot of them possibly walking up. It would be for their safety, walking through the park to get home. I don't think it would be a bad idea.

Mr. Danbury said I was going to touch on Ordinance 78-1996 when we got to it. Again, there is a memo I assume everyone received. It listed eight different projects and I hope everybody has had a chance to look at it. We should evaluate everything and try to rank them in order of our own priority. I was wondering if we are limited to these eight right now. If we pass this ordinance at the November 6 meeting can we add to these at any time if we were to get the grant.

Mr. Parham replied we have until the next meeting November 6 if we want to add anything additional. There will be a time where there is public participation and that will be the last opportunity for the public to speak in favor or against any of those items. Following that meeting and after a vote of Council that evening, I think it is set.

LAW DIRECTOR'S REPORT - Marty Kenworthy for Mr. Schneider - no report.

ENGINEER'S REPORT - Mr. Shuler said this is a follow up to the Public Works Committee report. The extra work items, specifically Rockcrest Drive improvements we hope to have completed by the end of the month. That was and is our goals. However, knowing Council's concern about having Rockcrest closed and that area under construction over Halloween, we've also told the contractor if they cannot guarantee us that work will be done by the end of next week which gives us a few days to spare, we would rather have them wait until after Halloween and start that work after Halloween. It may be based on our evaluation of how quickly they are going to get in and out whether it is done a week or two after Halloween rather than before.

COMMUNICATIONS

"In deep appreciation during a time like this we realize how much our friends and relatives really mean to us. Your expression of sympathy will always be remembered. Henry Scott family."

COMMUNICATIONS FROM THE AUDIENCE

Mr. Coleman said I want to clarify an issue that Councilperson Peggy Manis addressed in terms of safety and security for the basketball league. We intend to implement a no pass out policy. Once the individuals are inside they will not be permitted to go back outside and re-enter. Additionally, we intend to utilize the staff there at the Recreation Center to monitor the activity outside as well. Your point about having the park patrol person present is a very valid point. It's something I will definitely bring to their attention.

Ms. Manis said I think the no in and out is good.

ORDINANCE NO. 77-1996 "AMENDING THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, OHIO SECTIONS 151.03(A) PERFORMANCE PRINCIPALS AND STANDARDS AND 151.04(F) STORMWATER MANAGEMENT PROVISIONS"

Mr. Galster made a motion to read by title only and Ms. Manis seconded.

The motion passed with 4 affirmative votes.

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

Ordinance 77-1996 passed with 7 affirmative votes.

ORDINANCE NO. 78-1996 "AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT AN APPLICATION FOR THE HAMILTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR YEARS 1997, 1998 AND 1999"

Mr. Danbury said this is a first reading and there will be a public discussion. As everyone can see from the memo there are a number of items that will be covered. For the audience and those at home, we are applying for a possible grant from the government and we have to meet certain criteria to qualify for this. There are eight areas we are trying to look at.

1) Repairs to a foot bridge connecting the north and south sides of Chamberlain Park.

2) New playground equipment at Chamberlain Park.

3) Overlay of tennis courts in Chamberlain Park.

4) Rechannel the creek upstream from the twin culverts under Chesterdale Road to reduce the potential for flooding.

5) Install concrete channel at inlet of twin pipes under Chesterdale Road to reduce erosion and silt build up.

6) Install flashing school zone signs on Chesterdale Road for Heritage Hill School.

7) Install sidewalk handicap ramps at various locations throughout the City.

8) Install public bus shelters at various locations throughout the City.

Mr. Danbury said what we will try to do at our next meeting is Council should evaluate the validity of each project and any other projects we might have that we think could benefit the areas we're looking at. The City and Council would try to come up with some kind of project ranking order.

Mr. Vanover asked if we can get some information or an idea of what the rechannel of the creek is going to involve and also the installation of the concrete channel of the inlet at Chester Road. I'd be curious to see what magnitude of work we're doing.

Mr. Shuler replied we looked at an aerial of that area. We want to try to take out some of those S bends which are causing the creek to continue to move, meander, drop silt on one side and erode it from the other side. If we straighten that out we think we can reduce some of the debris build up that occurs which then reduces the capacity of the culverts and causes flooding in that area, potentially into the school. As you know, by the time the water reaches Chesterdale Road about six inches above that, we have water in the school. We certainly don't want that. The first project is a rechannelization of the lower area just upstream from the culvert and we certainly can get a drawing for that. The second item is just a detail to create a concrete liner in the creek area right at the culverts to again enhance flow right at that area so we don't have the silt drop out building up of those silt island which again, reduce capacity. I'm not sure exactly what I can get you for that but I can get you a map for the first one so you can see where it is located.

Mr. Vanover continued, on item 6, install flashing school zone signs on Chesterdale Road for Heritage Hill School, is this replacement of the existing signs or are we adding new signs?

Mr. Shuler responded I'm not sure. Mr. Osborn and Mr. Sears discussed that and I did not get involved in the details of where that was or exactly what it was but we can certainly find out and get you that information.

Mayor Webster said Council, if you have some things you'd like to see considered please get those to Mr. Osborn before the next meeting so we can investigate them and make sure they meet the criteria that has been laid down. We'll be a lot better off in discussion at the next meeting if we know that ahead of time.

Mr. Danbury said we could possibly publish some of the items in the local newspaper. We have three weeks until our next meeting so if anybody thinks of another project, we might be able to add this from the Administration. If we can list it, because we have served a legal notice outlining what we are looking at, I think it would be proper.

Ms. Manis said I was going to bring this up under New Business. Some people approached me about extending the sidewalk on Kemper Road to the first bus stop. I guess when the bus lets them off on Kemper Road right around the corner from Lawnview, there is nothing there. In the winter, there is snow. There are two drainage ditches. It's just impossible to get to the Terrace from there. I don't know if we are talking about not even to the first driveway on Kemper but maybe a little leg going up there.

Mrs. Boice said I know what you are talking about, Ms. Manis. I got off at that bus stop many a time. I never really had all that much problem.

Ms. Manis replied now I guess they are stopping up further a little bit. They are going almost to the first driveway and it can be a real pain. Maybe we will qualify for this along with the bus shelters.

Mr. Shuler reported Mr. Osborn and I just met yesterday talking about sidewalk projects for next year, some places where we have voids or areas not connected by sidewalks. If it doesn't qualify for this program we certainly can consider it as part of our sidewalk program for next year.

Mrs. Boice said if you would pursue that and I know what Ms. Manis is talking about, that little circle around there to connect. I think in all fairness you need to give some heavy, open publicity to that fact because I know there are many many residents further up that stretch of Kemper Road that really are not interested in having sidewalks up that way. I think if we start pouring cement there they need to be fully aware of what we are doing to accommodate bus passengers. You are going to have a lot of phone calls, people.

Mr. Danbury said this is public discussion. Would anyone in the audience like to speak either in favor or against any of the issues we brought up? This is just an application. This is not saying we will definitely do all these items but we are applying for this grant.

ORDINANCE NO. 79-1996 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH TERRY D. GAINES TO SERVE AS MAYOR'S COURT MAGISTRATE FOR THE CITY OF SPRINGDALE, OHIO AND DECLARING AN EMERGENCY"

Mr. Vanover made a motion to adopt and Mrs. McNear seconded.

Mayor Webster said as I indicated last time, we could just consider this a first reading if you want and take action on it next time even though it has an emergency clause. We can't wait for two readings and thirty days. That would get us into December 6. It's Council's pleasure whether you want to act on it or not.

Secondly, I told you last time I would work up some numbers just to see how well we were performing against our expectations. Given nine months worth of history we will collect approximately $16,000 from DUIs and almost $5,300 from DUS's (Driving Under Suspension) cases for a total of $21,280. I think $21,000 is what we were shooting for. As the ordinance indicates we are paying the magistrate $15,000 plus we are covering him under PERS and that comes out to $17,200 outlay for the City. I think we are performing pretty well against our expectations.

Mrs. Boice said I'm not great for emergency ordinances as you well know, but this is pretty clear cut. We do have one public hearing already at the next meeting in November. I'd just as soon get this off the agenda tonight.

Ordinance 79-1996 passed with 7 affirmative votes.

ORDINANCE NO. 80-1996 "APPROVING THE REVISED PRELIMINARY DEVELOPMENT PLAN (PUD) OF APPROXIMATELY 10.6 ACRES LOCATED AT 205 NORTH COMMERCE WAY IN THE NORTHWEST BUSINESS CENTER"

Mr. Danbury said we do have a public hearing scheduled at our next meeting, November 6, 1996.

ORDINANCE NO. 81-1996 "AMENDING THE ZONING CODE AND ZONING MAP OF THE CITY OF SPRINGDALE, OHIO TO PROVIDE FOR THE REZONING OF APPROXIMATELY 3.958 ACRES LOCATED AT 11320 SPRINGFIELD PIKE FROM OB (OFFICE BUILDING) TO PF-2 (PUBLIC FACILITIES) (KARL J. FREY AND FRED G. FREY)

OLD BUSINESS

Ms. Manis said I'd like to thank the people who got Kenn Road fixed right away. I know it's been brought up before about the traffic light at Lawnview and Kemper. I have still had complaints about sitting there forever in the morning and when there's not a lot of heavy traffic. When you do get to go you hit all the other traffic lights down Kemper. Another thing I have is there are some construction trucks parked in the school parking lot. I don't know whose those were but I did hear some complaints if they were ours. Also about the Shultze's house, I know we are planning on just tearing it down. It's the second oldest structure in the City and it seems a shame to tear it down when we don't have any plans for it. Maybe the seniors or a teen group or somebody could use it or maybe we could take some shots of it if it's not in our history. I think the oldest house is on Kemper Road where the photography studio is. It's just something to throw out instead of just tearing it down.

Mrs. Boice said I'd like to go back to the light at Lawnview and Kemper. I'm in and out of that intersection five or six times a day at all hours of the day. I have never found a drag getting out onto Kemper. Where the hang-up is is at Northland and Kemper. I really do not see a problem at Lawnview getting onto Kemper but Northland is a short light and a big back up. I think early in the morning they may back up to Lawnview.

Ms. Manis stated it's actually when there's no traffic on Kemper. If there is traffic it will change. If you're there at 6 in the morning or 2 in the morning you sit there.

Mrs. Boice said I have noticed that a lot of the cars pull up and I don't think they are over that thing that triggers the change. They're getting so anxious they are working out and sometimes you have to be over that certain area. We have some anxious hotshots trying to get out of there.

Mr. Shuler said we try to put those traffic signal loops behind the stop bar but also in front. We can check the size of that one.

Mayor Webster said I would like to address the comment about the Shultze's property. Before we brought the issue to Council on the Lobb property behind us, we asked the department heads to all take a look at it and see if they could come up with any use. What we didn't do was to ask you beforehand. I would like to officially take this opportunity to say exactly what Ms. Manis said. If anyone has any ideas for the house please let us know. We'd be more than happy to consider that. We'll do the same things with the directors to see if there is any use for that. Given no viable use for the property we would come back to Council and make a recommendation that we take those two pieces down. We are holding the razing of the Lobb property in the anticipation of doing three at once. We can get a much better price from the demolition people. We're not bound, bent and determined to tear everything down if there is a worthwhile use for it. Maybe we didn't do it in the right sequence but we certainly did give everyone an opportunity to take a look at that Lobb property to see if there is any worthwhile purpose and I think the consensus was there was not anything we could use that property for except maybe a fire training exercise.

Mrs. Boice said I don't want to tear property down just to tear it down but I would need to know the specifics of what would our liability be. Would we be required to have staff down there if we are going to use it for another function? Who's going to monitor it? Are we going to be in the position of being landlords? Those are all questions I would want answered. If this is going to be up for discussion I guess I'm throwing all of that at you, Mr. Mayor. Are we going to need additional help if we are going to use it for senior citizens or Girl Scout meetings? Who's going to be responsible for monitoring electric bills, upkeep, etc.? I would want that whole phase of information before I could make a decision if that's the route we're going.

Mayor Webster replied we'd be more than happy to work those numbers up. Just give us your ideas. If anyone has any we'll be more than happy to explore the pros and cons and lay this out to you.

Mr. Danbury said I think the situation you are looking at is a valid one but it hasn't presented itself right now. We may not find a use for it. At one time we were looking to purchase Mr. Burns' property and we were going to be landlords there until the time came we found it more beneficial to renovate.

Mrs. Boice stated my position is I'm not interested in the City being a landlord and if there is a really good, viable reason for using the property, before I can make a decision I want to know what the insurance liability, gas and electric, whatever is going to cost the City. The landlord business is difficult.

NEW BUSINESS

Mayor Webster said as all of you are aware, most of us will go to the polls on November 5 to elect a number of people. Also, there are a number of issues on the ballot. The one I'd like to talk about a little bit is the sales tax. I think it's terribly important that the people in this City realize there are some direct benefits. Right now we are paying 1/2 percent sales tax throughout Hamilton County. Some label it as a jail tax. It's a lot more than correctional facilities and programs to rehabilitate individuals and keep them out of jail. There's also a great deal of money being funneled into the emergency communications area. The estimate we have been given by the County is that Springdale alone will save somewhere between $50,000 and $65,000 in user fees. This is a check Mr. Knox does not have to write. It's that simple versus passing and not passing. Also part of that package is that the City will receive approximately $50,000 worth of new communications equipment for our police and fire operations. Right now we have older equipment. We spend a lot of money on maintenance. Needless to say if we get all new equipment our maintenance will be greatly reduced. I certainly don't want to make any politics of the tragedy that happened in Newtown over the weekend, but we do need the increased capabilities. We need to get on the 800 MHz throughout the County and passage of this tax will do that. The property tax reduction we were promised is 6% on this one. It was 4% on the one from March. My position is I certainly hope it passes. I think the City of Springdale will be much better off if it does. I'd like to remind our voters out there that there are five local issues on the ballot, charter changes that were recommended by the Charter Revision Commission and were passed by Council. I would also like to take this opportunity to say these are certainly recommended by the Administration.

Ms. Manis stated I don't want the Mayor's comments to be anyway construed as the opinion of all of Council on the sales tax thing. It may benefit Springdale and in some ways it may not. We were promised some things before that didn't materialize. I'm just saying it's not everyone's consensus.

MEETINGS AND ANNOUNCEMENTS

Mr. Knox said with Halloween being October 31 I would like to remind the parents that the time zone change will be on the weekend prior to that so it will be dark when the children go out and I strongly suggest that as you plan their costumes you plan something that is well lighted or that they carry a flashlight for that occasion.

COMMUNICATIONS FROM THE AUDIENCE

RECAP OF LEGISLATIVE ITEMS REQUESTED FOR NEXT COUNCIL MEETING

Mr. Danbury said I did not hear anything that was not covered in our little memo from Mr. Osborn. I do know we might be looking at some legislation at our next meeting for a continuation of a contract with our prosecutor, Mr. John Flessa. Administration will be reviewing that and we might anticipate that coming in.

UPDATE ON LEGISLATION STILL IN DEVELOPMENT.

Mr. Danbury said at our next meeting we should be having a few items. There should be a first reading for snow emergency routes. We should have an emergency ordinance for rock salt. We should have an ordinance with an agreement with the City Planner for a zoning code update. We have two public hearings that we talked about tonight and also the legislation on the wild animal ordinance. We have three public hearings at our next meeting. I would encourage everyone to be here promptly.

Council adjourned at 8:08 p.m.

Respectfully submitted,

Edward F. Knox

Clerk of Council/Finance Director

Minutes Approved:

Randy Danbury, President of Council

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