President of Council Kathy McNear called Council to order on March 15, 2000, 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 March 1, 2000 were considered. Mrs. McNear said on the last page, second to last paragraph, it should read "boards and commissions" rather than Finance Committee. Mr. Wilson said on page 7070, it should be desert, not dessert. The minutes were approved with seven affirmative votes.
Rules and Laws - no report
Public Relations - no report
Public Health, Safety & Welfare - no report
Public Works Ė Mr. Wilson said the Heritage Hill subdivision streets which will be completed this year include all streets west of Benadir, not including Terrytown and Pilgrim. This could be added to or subtracted from depending on how favorable the bid prices are. Other streets to be resurfaced include the Avon industrial subdivision roadways except Container Place, and the Tri-County Parkway, SR 747 west of Northland. Anticipated schedule for the project is as follows: completed plans by early April, advertisement of bids April 11, open bids April 25, awarding the contract May 3, start of construction late May, hopefully completion of construction September 15.
Public Utilities Ė Mr. Galster said at Ms. Pollittís district meeting there was a question regarding the quality of the rebroadcast of Council meetings by ICRC. I talked to Gigi who actually used to do the taping of our meetings. She was out here on the Ninth and reported that they had a bad transmitter. Hopefully the recording quality will improve.
Capital Improvements Ė Mr. Danbury stated the utility plans are being developed and the maintenance of traffic planning has been finalized for the CSX grade separation. The construction drawings and right-of-way plans are in the process of being finalized for stage 3 submittal. The utility relocation will begin in the fall of 2001 with completion by 2003. East Kemper Road improvements for SR 747 right-of-way negotiations are continuing. Cinergy is in the process of relocating some of their gas lines. The gas line work is going to be done in the springtime. We just received the Cincinnati Waterworks relocation plans. The project will be starting this August and hopefully be completed next spring or early summer. The Community Center expansion work in process is masonry, exterior installation of the finish system on the gym walls, installation of the metal deck for the running track and mezzanine planning for pouring concrete, duct work and piping, interior remodeling. As we took the tour last weekend we noticed the new pool locker rooms were 85% complete. After our walk through the Mayor, Mr. Parham, Mr. Osborn and I met (Mr. Wilson was unable to attend) to go over a checklist as to where we stand as far as the budget. There werenít any major surprises. There were a few items and we will bring information to Council in the near future. I wanted to do this because you read in the paper of the cost overruns of projects downtown and I wanted to make sure that we were on par. Weíre a little bit above budget and it has to do with some of the problems weíve had with bad soil and other items. There is one item where we will be looking at furnishings and equipment for the Rec Center and the costs have gone up a little bit. The Police Department HVAC is done except for a few punch list items.
Finance Committee - no report
Planning Commission - Mr. Galster reported that Planning Commission met last night. White Castle requested approval of a proposed parking lot at the corner of West Kemper Road and Springfield Pike. That was approved 6-0. Sofa Express was removed from the agenda 6-0. They are still trying to decide whether or not they want to move into the old Champion site. Rt. 4 corridor district map was approved by Planning Commission and submitted to City Council with its recommendation by a 6-0 vote. We received a bid from Ms. McBrideís firm for a comprehensive land use plan. Planning Commission will look it over and have discussion at our next meeting.
Board of Zoning Appeals - no report
Board of Health Ė Ms. Pollitt reported we had food inspection reports, swimming pool inspection reports.
Civil Service Commission - no report
O-K-I - under new business
Mayorís Report Ė Mayor Webster said all of you received a letter from Shuler, Plank, Morgan and Brahm. In our opinion the earnings tax repeal is just a pawn in much bigger game for the townships to try to leverage a favorable anti-annexation bill out of the legislature. Thatís the reason for this letter. You can read it and get a feel for whatís going on between the Township Association and the Ohio Municipal League.
Mayor Webster read a letter from Mrs. Biddle: "Dear Mayor Webster, I want to thank you again for the beautiful plaque and key to the City given to me at the last Council meeting. I know what a great honor it is to receive this gift. I will cherish it and find a prominent place in my home to display it for Iím proud to be its owner. When I came to Springdale 75 years ago there was not much here to attract a young couple just starting out on a new life. We learned to like it and have had the privilege to see it grown into a lovely, prosperous city. Springdale has been good to me. I would not want to live anywhere else. Thanks again. God bless. Bernice Biddle."
Mayor Webster continued I would like to share a request Iíve had. Mr. Osborn and I had a brief conversation and think itís a good idea but think it is going to involve expenditure of funds even if we could pull it off. I had a request from Mrs. Clara Root on Observatory Drive, who would like to see the City develop an RV storage lot. Her rationale is where you live in the City determines how big an RV you can have. If you live in an area that has a small driveway, one garage, you are really limited, especially if you live on a cul-de-sac. If you live in a subdivision with a two car garage, big lot width, you can conform with the code and have a much bigger RV. I think the idea has a lot of merit. Thereís a lot of pitfalls and problems to iron out. Before Administration spends a lot of work on it weíd like to get a feel from Council.
Mr. Danbury asked if we do that, who would pay for the security, liability, insurance, etc?
Mayor Webster replied there are lots of issues like that.
Mr. Wilson said you are looking at purchasing a $1 million to $5 million liability policy. You are looking at security issues that have to be in place before you can even consider liability. You have to look at barb wire fence. You will have small children try to climb the fence and get hurt. It could be a nightmare. We really need to think about it. I donít feel itís a bad idea but from an insurance standpoint and liability standpoint you are putting the City at risk. The insurers will consider that and the premium will reflect it. You might have to have some security, i.e., video or person, 24 hours a day, seven days a week. Itís a very expensive idea but if the City has the money and there are enough RVs and enough residents who need it, then obviously we need to think about it but it is a very expensive venture.
Mr. Vanover said I understand the insurance and liability issues. Have we given any thought to partnering with the private sector and negotiating some rates?
Mr. Danbury said if we are going to investigate this I think we also have to look at storage for boats and classic cars. Iíd like to investigate but I want to see the facts.
Mr. Squires asked how many are RVs are we talking about? Where may we locate this? Do we have land available for it?
Mayor Webster replied I donít know. There are a lot of questions to be answered.
Mr. Wilson said I think negotiating a contract with an RV place is the best way. That eliminates the liability, the looking for the land. We could have a $1 million or $5 million liability and a lawyer will find a way to include the City in a lawsuit. In eighteen years Iíve seen too much of it.
Mr. Squires asked do we want to appoint a committee to study this and make recommendations to Council?
Mayor Webster replied thatís Councilís choice. Iím just conveying a residentís request. We have not spent a great deal of time on this. I just wanted to see if Council had any interest in us pursuing it. If you do weíll try to pull some stuff together.
Mrs. McNear stated it seems that Council is open-minded about it even though they are a little worried about some of the issues. Perhaps we should look into it and come back with a presentation of what we can and canít do.
Clerk of Council/Finance Director - Mr. Knox said I have a signature sheet for Resolution R7-2000 for each member of Council, the Mayor and me to sign and send to certain officials. I propose to send it to the Governor, State Senator Finan, State Senator Mallory, Representative Van Vyven and to the two winners in the recent primary election, Mr. Coates and Mr. Raussen, and to anyone else any member of Council thinks would be good to send it to. The signature sheet says "We, elected representatives of the citizens of the City of Springdale, ask that you read the attached Resolution 7-2000. We request that you take every opportunity to inform the public of the irresponsible and dangerous nature of the proposed Constitutional amendment.
We further request that you take positive actions to ensure that the tax structure of the State of Ohio be maintained in its current, equitable status. " Iíd like to clear this up as soon as possible and get these letters in the mail.
Administratorís Report Ė Mr. Osborn said our current contract with PCS is expiring. Thatís the firm that provides support services for our local area network. The proposal for the coming year is $2,450 a month. This is a 14% increase over last year. However, in the past twelve months we have increased the size of our network by about 15%. Weíve also added the key card security system to the LAN service and have added an additional linear copier as a second network printer in the Administrative Office. Given the scope of the change in the size of the network we feel the proposed rate is reasonable. More importantly, we have a good feel for this company. The best testimony I can give is that in the two years we have had them providing the administrative services for the LAN system, we have not experienced a single system line failure. Weíve had to go down to perform certain software changes, but no unexpected crashes of the system. We would like to bring an ordinance in April 5 renewing our contract with PCS.
As part of the CSX grade separation project we have to replace and relocate a major water main on SR 747. Typically Waterworks would provide the design for this type of relocation and we would include those plans with the documents our engineer designs and the project would be bid out. However, because Waterworks has to go through their own consultant selection process and this is a relatively small job, they have proposed that we include this work under the contract with our City Engineer who is preparing the plans for the grade separation, and they in turn will reimburse us on a monthly basis as the work is performed. The scope of the work is anticipated to be $24,800. CDS is prepared to do the work and we would like to bring in an ordinance at the next Council meeting authorizing an agreement between the City and Cincinnati Waterworks whereby we will prepare the necessary plans and they will reimburse us for that expense. Also there will be a companion ordinance amending our contract with CDS to perform the work I just described to you.
Mr. Osborn continued over the years the City has received complaints about boats and other non motorized or non self-propelled vehicles parked in the public right-of-way. We asked the Law Directorís Office and Police Chief to attempt to develop a response to this problem. They are bringing forward an ordinance that will prohibit the parking of non motorized or non self-propelled vehicles in the public right-of-way for any extended period of time unless they are attached to a tow vehicle or the vehicle that would be used to pull them around. We anticipate having this ordinance at the meeting on April 5 for a first reading.
I would like to take this opportunity to promote an event that is coming up on April 10, Parents On-Line. This event is being sponsored by the Springdale Police Department and the Springdale Parks and Recreation Department. Itís an effort to provide an opportunity for parents and teachers to gain knowledge about on-line safety, the internet and the concerns that a parent would have about allowing children free access to the internet. I have to say this is a timely and critical issue because we have had experiences in our community already where there have been improper contacts to our children and this is something that every home that has a computer and small children or any adolescent would want additional information on. The event is scheduled for Monday, April 10, at 7 p.m. in the Courtroom of the Springdale Police Department. The sign-up is ongoing now. You can register at no cost by calling the Springdale Community Center at 671-6260 or 671-6395. Seating is limited to the first 125 people who register.
Mr. Osborn said finally, I just want to make an addition to Mr. Wilsonís comments on the 2000 street program. We are going to include the resurfacing of Kemper Road from Lawnview to SR 4 in the paving program. Last year we had a major problem with Waterworks doing an improper restoration of the work they did out there, the new water main they put in. We had their contractor come back in and even their second effort has fallen far short of what we feel is appropriate. We are negotiating with Waterworks to bear part of the cost of resurfacing the road from Lawnview to SR 4. Even though I donít anticipate that we will get those negotiations concluded in a time to actually plan this work, I feel it is critical enough that we go ahead and do the work, and seek reimbursement from Waterworks after the fact. Itís a shame that our residents have to suffer with a road like we have out there through no fault of the Cityís. The deficiency in that road right now is the direct result of poor workmanship on the part of Waterworks.
Mr. Danbury asked do you know when we will start the resurfacing and when it will be completed?
Mr. Osborn responded it will be on the same schedule as the other paving projects outlined by Mr. Wilson. We intend to roll this into our overall resurfacing program for 2000. We will carry it as part of the bid package for the 2000 street program.
Mr. Danbury asked do you think it will impact the traffic because the area just to the east of that will be under construction as well?
Mr. Osborn replied that work probably wonít start until after July 1. I hope we can get this paved before the construction on East Kemper Road begins.
Community Center Update - Mr. Parham said due to the outstanding report Mr. Danbury gave under Capital Improvements and the walk through the previous Saturday I really donít have anything different that has occurred on the project but will be willing to answer any questions you have.
Law Directorís Report - no report
Engineerís Report - no report
Letter to Council: "There was an important issue that needs to be addressed Ė the abuse of power. How can one man in the city of thousands make a decision involving hundreds? Mayor Doyle Webster had on his own, without consulting Council or residents, changed a 25 year tradition. I do not understand why he felt a need to change the Ray Manis Memorial Tournament to the Springdale Memorial Tournament. Why would he remove the name of a prominent deceased resident? He did not feel the need to change any other park, street or event named after any other prominent deceased resident. Is this a vendetta against the Manis family because Peggy Manis is a political rival? It leads me to believe so. If he can change this, who will be next on his hit list? This is truly an abuse of power. Pat Murphy, Smiley Avenue"
Mr. Knox said the second item came from the Hamilton County Emergency Management Agency. He read the following excerpt: "Whenever an actual warning for a tornado or any emergency is sounded the siren signals have been extended from three minutes to five minutes, giving more people an opportunity to hear it. Secondly, the effective date of doing it was today, March 15. The siren systems will be tested the first and third Wednesday of the month at noon. Therefore you will be hearing them twice a month.
Letter to Council: "I am writing concerning the recent decision of the Springdale Recreation Commission to remove the name of Ray Manis from the annual menís softball tournament. It is my belief that Council, in an attempt to remove this issue from the political front burner, will attempt at its next meeting to bury this issue and hope it goes away. This would be an outrage to the political process and the will and passion of the people of this community, yet it is a completely predictable maneuver.
I can only guess at what went on inside the meetings of the
Recreation Commission and how it, as a policy making body, might have arrived at this decision. I will, because I am an optimistic person, hope that this decision was reached with good intentions. I am, however, deaf to statements that the members of this body could not foresee the fallout from this decision. The decision was championed by one of the most politically savvy members of our community. This is particularly disturbing, especially when one reads in the Online History of Springdale, Ohio, Chapter 15, Section IV, Paragraph 3-4:
"The issue of openness in city government pitted the preservation of confidentiality, when information hurt an individual or the public interest, against the publicís right to have its business conducted openly. Finding the proper balance plagued council for some time to come. Doyle Webster, who loudly proclaimed his opinions on the subject, refused to let the issue die.
Webster came by his passion for openness in government quite naturally, and it was a central part of his personality. Webster never repressed his feelings, whether anger or enthusiasm, and he was willing to accept the consequences. Springdale voters showed their appreciation of the feisty, outspoken clerk by keeping him in office. Webster demonstrated considerable acumen in guiding Springdaleís finances through the shoals of inflation and stagnation which was so characteristic of the national economy in the late 1970s and the early 1980s.
I find these statements astonishing when examining the path chosen by the Recreation Commission to remove the name of Ray Manis from the annual softball tournament. To render a decision such as this, without open and honest input from those affected and involved with the issue, shows a lack of political good judgment on the part of people who should know better. The fact that the affected citizens of this community (especially the members of the Manis family) were not informed about the change, directly or indirectly, is callous, insensitive, and appears malicious.
I urge Council to allow an open and honest dialogue to occur regarding this issue. It will be much too easy to say that the issue was settled by the Recreation Commission and is therefore over. Without openness in government there is bred distrust. Please put aside your differences and let this community reach an equitable solution together. Kenneth R. Zinnecker, 497 Dimmick Avenue"
Letter from Time Warner Cable addressed to the Mayor: "Effective April 1, 2000 the Knowledge Channel, channel 8, cable ready channel 15, will not longer broadcast its signal. Customers will receive notification in their channel lineup. They will replace the Knowledge Channel with Customer Information Channel. As always, we continue to keep you informed of all changes to cable channel lineups in your community."
Letter to Council: "We are writing to you to request that you reconsider the renaming of the Ray Manis Memorial Menís Softball Tournament.
The City of Springdale has always been a strong supporter of the Springdale Youth Boosters Organization. The original founders of the Youth Sports Advisers Organization named this tournament in honor of Ray Manis in recognition of his many years of volunteer service to promote and encourage the youth of Springdale to participate in sports in our community.
We understand your desire to honor other members of the community who gave so much of their time and efforts to support the youth programs of our community, but not by eliminating the memorial honorarium to Ray Manis. Alternatives should and can be found.
Due to the volatility of this situation, the Springdale Youth Boosters have chosen to distance itself from this issue. By doing so, allows us to continue our objective, which is serving the youth of Springdale. Sincerely yours, The Springdale Youth Boosters"
Mr. Knox said I will not read the sixth communication, which has nothing to do with the previous issues that were addressed, because the person who sent it did not give his name and address. We like to have the name and address of the people who send these things in so they can be attributed. We do not like anonymous things. If the gentleman who sent it would like to send in his address we will read it at the next Council meeting.
Mr. Wilson said I was contacted by some residents about the CSX crossing on Crescentville. It appears that the railing goes down and stays down forever and no trains go by. Iíd like to get with you Mr. Osborn and see what we can do about this.
Mr. Osborn replied this is a routine problem. Part of it deals with the fact that given the speeds of the trains you have to set the sensors far enough out from the crossing that when cars are being switched on some of the spurs to the side streets, there is a problem with the trains tripping the sensors while switching cars onto side spurs but not proceeding on down the track into the intersection. This is a chronic problem we are working with the railroad on. I wish I could give you a better answer. We canít disable that sensor. We canít ask the railroad, nor would they want to disable that sensor because thatís the effective way of showing when a train is coming through. Because of the close proximity of the crossing, the side spur going into the industrial area by Avon and the side spur immediately north of the railroad track, we do have these false alerts that send the gates down. We do try to work with the railroad on that. If there is a situation where they come down and are stuck, we do get them to work on it. We have one individual in our Police Department who has been trained to deal with railroad issues. Heís very knowledgeable on this. I can take the information to him and see if we canít get some relief from this, but until we get that separation in place, this is an unfortunate circumstance weíre going to have to live with. We have enough crossings there already. We have 50 or 60 crossings in a 24 hour period. Roll in the false tripping of the sensor and itís even greater. The engineer tells me it takes up to twenty minutes for traffic to get back in synch after the gates come down once. If you multiply that by 60 times a day, we can never get the traffic in an efficient movement there because of the interruption of the signal.
Mr. Vanover said we routinely face that same problem at Crescentville. The overpass is not going to eliminate that because the same situation you have, that side yard switching occurs for the auto distributor adjacent to the tracks. More importantly, if somebody goes around that crossing it is a citable offense and we do have police officers aboard trains. On three different occasions in the past six months I have seen the railroad police in the area. Twice they had cited individuals. Donít take for granted that a train is not coming. Iíd sure hate to see somebody negotiate that gate and get hit.
Mayor Webster said Iíd like to make some comments before we move on to Communications from the Audience. I would like to address some of the comments that have been made, letters, e-mails, phone calls that have been received by the City and me. Iím not going into details of every one of those. I do want to reiterate that irregardless of what you believe, irregardless of what youíve read, the desire to honor other deceased coaches and contributors is the sole purpose of my recommendation to the Park and Recreation Commission that the name of the Ray Manis be changed or amended to include these other people. All of those decisions, contrary to what you want to read or hear, were conducted in an open meeting of the Park and Recreation Commission. The Park and Recreation Commission meets the first Tuesday of every month in that room behind us here at 7:00 p.m., open to the pubic. Anybody who would like to participate, have their voice heard, you are welcome to come. We plead with you to come. Once again, the decision to change the name of the tournament was a unanimous decision. Now having said that, I want to tell you why that communication was not passed onto the Manis family. Ms. Peggy Manis and I have served together on this dais for the last eight years, and in those eight years Ms. Manis and I have failed miserably to develop any kinds of lines of communications. I think we jointly have to take responsibility for that. However, as the Mayor of this City, as the Chief Executive Officer of this City, I should have risen above my personal feelings towards Ms. Manis and her family. I should have consulted with them the fact that we were considering that and given them an opportunity to give us their input and most importantly, after the decision was made, I and only I had the responsibility to notify Mrs. Ray Manis, Ms. Peggy Manis and Ms. Patty Manis. I apologize to you folks that I donít have your last name, but I think the point being, Mr. Manisí daughters and his wife. That was not the responsibility of the Recreation Commission or its members. That was not the responsibility of the Recreation Department staff. That was the responsibility of Doyle Webster and only Doyle Webster. I failed to do that and for that I would certainly ask that you accept my apologies. They are sincere. Iím terribly sorry that didnít happen. I would like to read for the record a response that I got from Ken Schneider. This letter was addressed to Steve Galster and me. "Dear Doyle and Steve: This is in response to a request from both of you that I determine the relative authority for naming the Ray Manis Softball Tournament or the Springdale Memorial Tournament. The issue is the relative authority of the Executive versus the Legislative branch of the City of Springdale government. The Charter is quite clear that the Recreation program is clearly within the responsibility and authority of the City Administration, specifically the Charter in Article VI, C.2. Functions: Parks and Recreation Commission will be an advisory board for the Mayor in the establishment and execution of a program of public recreation and park development, in the expenditure of public funds and performance of its functions, the Parks and Recreation Commission shall be considered a department of the executive branch. Based on the wording of the Charter the Mayor has the authority to name a softball tournament. However, the fact that the Mayor has the authority to name a softball tournament as part of his overall Recreation Department authority does not preclude Council from considering a resolution or an ordinance that expresses Councilís opinion relative to the Recreation Department and its programs. Further, the legislative body shall have the full authority as to the allocation of funds to be expended for any purpose in the City. Thus, the Council can take action to transfer funds from one allocation to another by a majority vote."
Mayor Webster continued I think the legal opinion speaks for itself. We have made a decision at an open meeting, have taken responsibility for not properly seeking the input and communicating back to the family the results of that. I have not violated any laws and am perfectly within my legal right to do what I have done. Since the last Council meeting I spent a good deal of time on the phone. Iíve read your letters, taken your phone calls. IĎve tried to respond where appropriate. I have been proactive and have called a number of people in this City whose opinion I do value. Contrary to what you would want to believe, the opinions have been mixed. They have gone all the way from I canít believe you would even think about doing that to itís damn well about time. So it comes back to what do I want to do. Before I get to that I really want to speak to the way the Park and Recreation Commission has been treated and comments that have been made about the Recreation Commission. Yes, those people are appointed by me but I donít hear people trashing the two members of Planning Commission or the two members of the Board of Zoning Appeals when those bodies make decisions that donít set well with the community. All of a sudden when the Park and Recreation Commission makes a decision that doesnít sit well, we need to trash those people and say they are cronies of the Mayor, so the Mayor wants to do it so they go along with it, especially when those comments are made by people who never set food in a Park and Recreation meeting. Once again, I extend an invitation to all of you to attend that. There have been a lot of comments about the Springdale Boosters and what role they play in this. I think itís terribly important that we visit that. Regardless of what anybody wants to believe, the tournament director is Mr. Gary Thompson who is an employee of this City. He has run this tournament for over twenty years. Prior to that, Assistant Director James Young, along with Youth Advisor Norm Audretch, named the tournament twenty some years ago. The two of them named the tournament, took their suggestion to the Recreation Director at the time and thatís how the tournament was named. I could speak with a great deal of authority on that since Iíve talked to both of those individuals. What I canít speak with any authority of is the exact year that it happened. I think itís terribly important that we understand that the boosters do not run the tournament. That tournament is run by the tournament director who makes sure that the fields are ready for the tournament, are maintained throughout the tournament, officials are engaged, trophies are purchased. The City gives the opportunity to the boosters to raise money, lower fees for the participation of youth in the sports programs. The Youth Boosters in this City have done an absolutely marvelous job and I donít know where this City would be without them. Itís not to say that weíre trying to exclude the boosters. The boosters are a very integral part of the youth programs in this City. I would venture to say that probably over the years the boosters have raised $300,000 to $500,000 and every penny of that money has gone back into the Youth Boosters. Even though they donít have the authority to name tournaments, they are certainly a valuable asset to this community. I speak to that from first hand information. My wife was a booster for over fifteen years. I worked side by side with her many hours in the summer heat to raise money for the boosters and to lower the fees for youth participation in sports. Iím very proud of that organization. Iím very proud of what they have accomplished. Also while we are talking about the boosters, I think I need to share something with the boosters. Iím this big dictator and so forth, but let me just tell you, when the lease expired that was in place while I was Mayor in 1992, there was a clause in the lease that reads, "the concession stand will remain open unless otherwise directed by guess who, the Park and Recreation Commission. I think that was terribly wrong and I made darn sure that the clause was not in the lease that you folks are operating under today. I felt that that group needed complete autonomy and as far as Iím concerned, they have that. The important point Iím trying to make here is that naming that tournament is not a booster responsibility. It is an administrative one. Having said all of that, I think what you people have witnessed here in the last two weeks is democracy at work. I have made the decision and I passed this decision on to the Park and Recreation Commission that the name of this tournament will remain the Ray Manis Memorial Softball Tournament. Along with that I would like to once again extend my appreciation of all the people. I know last time when I acknowledge to the people that we appreciated your input all I got was hoots and hollers, but so be it. I do appreciate the input. I appreciate all the faxes, e-mails and your letters even though they werenít too complimentary to me but thatís what goes with the territory. I accept that responsibility and once again I extend my apologies to the family. Iím doing this because Iíve heard the people and also I feel it is extremely important that we not allow issues like this to divide this government; and I really saw this happening. If thereís one thing I would like to leave as a legacy to this City it is that we did try to create a harmonious government here. I invite all of you, if you want to have any one on one conversations with me, I have a Mayorís Night In the fourth Wednesday of the month. Thatís next Wednesday and Iíd be more than happy to talk to any of you about anything you want to talk about. If you want to attend the Recreation Commission thatís April 4, 7:00 p.m.
COMMUNICATIONS FROM THE AUDIENCE - none
Peggy Manis, 12182 Audie Court said Iíd like to thank Mr. Webster for his comments and for changing the name back. I think you did the right thing. Iíd also like to thank everybody who came up here and gave up another Wednesday night in support of us. The community has been so supportive at large. Iíve had phone calls from people I didnít even know saying they thought it was wrong. I also think itís important that Council consider the resolution on tonight so this doesnít happen to someone else. We have several places that are honoring people in our community and a lot of them have no one left in this community to fight for them. Itís a sad thing to think what may have happened if we werenít here to fight for this. I appreciate your decision and once again thanks everyone for being here and for all of your support.
Marty Crow, Peggyís husband, said I was hoping the decision on the Ray Manis Tournament would happen the way it did tonight and Iím glad it did. I originally decided I wasnít going to say anything. I was just going to walk out and be happy that it was that way. But I started thinking that I stood up here last week and got to the point. I donít think it would have been fair for me to walk out without saying anything. Weíve had differences, or the family has had differences, and we may have differences in the future, but it does my heart good to see that you have Springdaleís best interest at heart and that you are man enough to meet this head on, confront it and not sweep it under the carpet. Also a question remains that we have to honor these other people. If you are looking for a volunteer for any reason to do anything, Iíd be glad to volunteer.
Mr. Danbury said as the Mayor said this is democracy at work and I applaud the Mayor. It took a lot of courage to do what you did and a lot of times we make decisions. A lot of times we look at it from one point of view and donít really see other points. We make mistakes up here and everybody makes mistakes. I think it was a very good and just decision. If anyone has any problems on any issues bring it to us. We canít always make everybody happy but I think this made a lot of people happy. Good job.
Mayor Webster said I think itís important that everybody realizes that we are going to continue with our plans to honor these other individuals but we will do it in some other manner.
ORDINANCE NO. 13-2000 "AMENDING THE PLANNING AND ZONING FEES AND DECLARING AN EMERGENCY"
Mr. Knox read the fees from Amendment A.
Concept Zoning/Concept Plan Review $ 150.00
Zone Map Amendment $ 500.00
PUD Zone Map Amendment $3,000.00 deposit
Site Development Plan Review $2,000.00 deposit
Final Plan Review deleted
Single Household Residential $ 50.00
All Other Residential and Non-Residential $200.00
Administrative Appeal no charge
Conditional Use $200.00
Mr. Vanover made a motion to adopt and Mr. Galster seconded.
Ms. Pollitt asked Mr. Knox to verify the residential variance fee. Mr. Knox replied $50.00 Ms. Pollitt said I think that is one we had talked about last week. We werenít comfortable with a fee for that.
Mrs. McNear said I believe we were going to bring this in and make an amendment on it pending the results of the findings by Mr. Schneiderís office.
Mr. Galster said the way I read the letter from Wood & Lamping it seems to me he is saying leaving the $50 charge in there is the proper way. If we go to zero we have to stay at zero for everything but commercial. If somebody else has a different take on it, please advise me.
Mr. Garry said if you are handing single family residentsí variances at zero dollars, then itís appropriate to handle other residentsí non-commercial variances at the same level.
Mr. Osborn said as I understood it, consistent with what Mr. Garry is saying, I donít think that Ken was saying we couldnít put it at zero because that implies that we are subsidizing that because there is some cost associated with the variance process for a single family household. I think what Ken was saying was if we want to put the number for single household at zero, we have to show some subsidization of the commercial as well, and reduce that from the number that is recommended here to some number that would be below actual cost.
Mayor Webster said thatís not what I read. What I read was if we do the single family residential at zero, we probably need to do the other residential at zero, but I donít see where we have to do commercial.
Mrs. McNear asked didnít it mean multi-family residential could be zero as well as the individual?
Mr. Squires said I didnít understand the sentence "if the Council is inclined to reduce single family to no charge, we suggest a commercial fee." Until Mr. Osborn talked about that I didnít know what that was. Suggesting a commercial fee lowering the cost of the commercial property for zoning?
Mr. Garry replied something less than the actual cost to the City of administering this program; that is, the cost in terms of personnel, notices, etc.
Mr. Squires asked, do you think we ought to charge something?
Mr. Garry said thatís not necessarily true. If the Council chooses to charge zero for single family residences, itís appropriate to charge zero for other residential uses. What Ken is also saying is, beyond that, itís appropriate to some way subsidize the commercial application in a way that is similar to the subsidization that is done for the residential applications. Weíre trying to avoid the Cityís not intentionally discriminating between single family residents versus other types of residential facilities versus commercial owners. In point of fact, everybody is an owner or agent or contractor who comes forward for this process. To favor one class of owners over another could possibly subject the fee process to attack. As far as I know nobody has come forward and said weíre attacking, but we simply would prefer that the Council subsidize each class of ownership relatively equally.
Mr. Galster stated this did come up at Planning Commission again last night. There is still some objection from Planning Commission as far as Councilís wishes to reduce it to zero because there are still, in Planningís mind, a lot of good reasons for the $50 charge. I know that in general the City Council has looked at reducing all charges to its residents, but once again, keep in mind, these are the people who are trying to do something that every other resident lives by. They believe that that charge should still be there. That charge does not even cover the advertising cost of $54. If we bring that to zero, we need to start looking at commercial numbers coming down to where we are giving them a break below cost like we are residential. I just hate to see us do that as a loss.
Mayor Webster stated I think we are opening Pandoraís box with this. Some time ago Council and the Administration made the decision to waive fees for residents who want to improve their homes, install a new water heater, put a new roof on, etc. We didnít waive those for the commercial community. Now we are being told by the legal community that we have to do the same. If we donít charge them for this, we have to lower the commercial fees. I think we should just go back to charging what we used to charge. We always charged builders for concept plan review. Weíve made them make deposits for PUD re-zonings, site plan reviews. We havenít required residents to pay just to have their cases heard. This is just like going to court. You pay for the right to go to court to see if you are going to get fined or not, or if you are going to be allowed to do something. I find this totally repulsive. I think if itís a matter of rolling everything back the way it was, the City has survived very nicely without these fees and I think we can continue as long as the earnings tax doesnít get repealed. I just hate to see our residents penalized.
Mr. Vanover said I sit on Planning Commission and know what their concerns are, and as a resident I have been through the Zoning Appeals process. Mr. Mayor, you refer to court cost. There are costs that can be assigned. Even if you are in traffic court, for example, and found not guilty, can you not be charged the court cost?
Mr. Garry replied no, unless there is some agreement by which the State dismisses and you agree that it be dismissed and pay the cost. Occasionally, in some private criminal complaints, if the witness wonít go forward, the judge will assign court costs to be paid by the complainant. I think this boils down to usersí fees. There are a couple of ways that governmental entities can generate money. One is through various forms of taxation, which are intended to apply consistently to any class of people; and the fees and user fees that somehow approximate the cost of the administration of that function. Clearly, if I understand the comments by the Mayor and Council correctly, there is an element of subsidy associated with these applications. It is a way to occasionally discourage non-meritorious, non-serious filings. If somebody files and doesnít show for his/her hearing, maybe there shouldnít be a waiver of fees. Iíve read Mr. Schneiderís letter and have talked with him about it and that is not to say if Council chose to maintain the commercial fees as they are stated, that it would be subject to attack. Weíre not saying that that would happen; weíre saying you may want to consider being consistent in the subsidy. If the commercial activities are already being subsidized, leave them as you see fit. Clearly, making it zero dollars is a subsidy to the residential application.
Mr. Vanover said one of the options Planning Commission threw out was the availability for BZA to have the right to waive that charge.
Mr. Garry stated the Board of Zoning Appeals is a quasi-judicial entity. It seems to me that rather than placing the board in a position to make class determinations, perhaps the logical thing would be no fee but a fine if somebody applies and doesnít show or something like that. That is an assessment to cover the cost of the publication.
Ms. Pollitt said Iíve not heard complaints in the past that weíve had a lot of people filing for a variance and not showing up. Iíve not heard a lot of complaints that people are filling frivolous applications. Iím not even going to consider that part of it. We make a lot of concessions to our business neighbors with the traffic and other issues and I would like to see this remain at no charge for our residents. To me multi-family is a business. You can take any expenses you incur off of your taxes. I think we want to encourage people to fix their property up and if it requires a variance because they are sitting close to the line, then I think we should hear that the same as we have always heard it.
Mrs. McNear said Mr. Galster, I just want to make a comment about the rest of the people having to live by the variances. In many cases itís just that they havenít been caught by our Building Department yet. I was on Board of Zoning Appeals for 8-10 years. We had people who came in because they had a shed or garage built in the 70s that had been through three or four owners and those people were called when they really had nothing to do with it. I would be appalled that we would charge $50 for those people.
Mr. Osborn said I feel itís inappropriate to charge our residents a fee to appear before the Board of Zoning Appeals. I think we are making it a penalty. I would not want to encourage additional variances. I think they should be held to a minimum. However, when a resident is faced with that need, I donít think we should throw in an additional penalty for the desire to come before a public body and be heard on an appeal. Going back to Mr. Garryís comments and Mr. Schneiderís opinion, I would propose that Council consider eliminating the variance fee for single household and reducing the variance request for non-residential down to $150. If the administrative cost for residential is $50 and $200 for non-residential, then weíre subsidizing residential by $50 and non-residential by $50. In response to Ms. Pollittís comments on multi-family, I think those should be taken down to zero also. One, all residential has to be treated consistently, but secondly, I would bet that a great majority of people living in multi-family homes who come before the Board of Zoning Appeals are the individual owners of that property. All condos in the City fall under multi-family. If a condo owner wants to add an addition to his/her condominium, he/she has to get permission from the Condo Association and then come before us for a variance. I would suggest that we take the variance for single household back to zero and reduce the non-residential to $150. They are all at zero right now so we are making headway.
Mr. Galster said I donít particularly agree with charging the residents either. Iíd like to make a motion to eliminate all variance requests from this fee schedule. Mr. Danbury seconded. The motion passed with seven affirmative votes.
Ordinance 13-2000 passed with seven affirmative votes.
ORDINANCE NO. 14-2000 "VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY CONTAINING APPROXIMATELY 0.0420 ACRE LOCATED ON CLOVERDALE AVENUE, WITH TITLE VESTING TO ELOISE BROCKMAN, AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR THE VACATION"
Mr. Vanover made a motion to adopt and Mr. Wilson seconded. Ordinance 14-2000 passed with seven affirmative votes.
ORDINANCE NO. 15-2000 "ACCEPTING DEDICATION OF THREE PARCELS OF PROPERTY IN CLOVERDALE AVENUE BETWEEN STATE ROUTE 4 AND VALLEY VIEW AVENUE"
Mr. Vanover made a motion to adopt and Mr. Galster seconded. Ordinance 15-2000 passed with seven affirmative votes.
ORDINANCE 17-2000 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH ALEXANDER PATTERSON FOR THE PURCHASE OF FURNITURE AND FURNISHINGS FOR THE COMMUNITY CENTER"
Mr. Danbury asked did we bid this out?
Mr. Parham responded as part of Mr. Osbornís February 25 report on pending legislation, that bid summary sheet was attached. There were three bidders and Alexander Patterson was the low bidder.
Mr. Vanover made a motion to adopt and Mr. Squires seconded.
Mr. Parham said the furniture package originally had a $250,000 figure, including exercise equipment, graphics, signage, etc. Out of that $250,000 we designated $125,000 for furniture and fixtures. The bid is $17,000 higher than we anticipated. The final estimate just before the bid went out from the architects was $158,000. We came in lower than what we finally thought we would but weíre still ahead of what we originally anticipated. With the equipped exercise weíve decided to go with sixteen pieces of new equipment and a number of other items. We also anticipate that that number is going to increase. That bid is scheduled to be opened on March 29.
Ordinance 17-2000 passed with seven affirmative votes.
RESOLUTION R8-2000 "REQUESTING THAT ALL EVENTS, PARKS, STREETS AND OTHER HONORARIUMS THAT HAVE BEEN NAMED AFTER PROMINENT CITIZENS OF THE CITY OF SPRINGDALE, OHIO, SHALL CONTINUE TO BE SO NAMED FROM NOW AND UNTIL THE END OF TIME"
Mr. Galster made a motion to adopt and Mr. Danbury seconded.
Mr. Danbury said I want to thank Mr. Galster for bringing this forth. I think Mr. Crowe hit it on the head. We do still have a lot of opportunity to honor some of the people. Hopefully we can do that but I donít think we want to forget the people we have honored in the past, not only Mr. Manisí memory but Fay Howard and a lot of other people who have come before us. People may not know their predecessors but hopefully something named in their honor will remain there for many years. I definitely support this.
Mr. Squires made a motion to change "from now and until the end of time" to "without interruption." Mr. Galster seconded. The motion passed with six affirmative votes. Ms. Pollitt voted no.
Mayor Webster said there is a word in here three times that I think should be deleted in light of the legal opinion. This is a recreational event and this is a useless piece of legislation. The Charter and the legal opinion very clearly state that it is an administrative right to name that event. If you are thinking seriously about passing this I think you need to delete the word "events" out of there.
Ms. Pollitt said I think the resolution was brought in when emotions were extremely high. I had not had an opportunity to see the resolution until it was in my packet. I do want to see something concrete as far as honoring all of the other people put in place before I can vote on a resolution of this nature. I have to have some clarity on what weíre going to do to honor other people. Do we even have any input in drafting this?
Mrs. McNear replied it was drafted by Mr. Galster and it was reviewed by our law department.
Ms. Pollitt made a motion to table the resolution. The motion was not seconded.
Mr. Danbury said the Mayor is right that it is in the authority of the Recreation Commission but we do make recommendations and do resolutions. At the last meeting we did a resolution opposing the tax people are considering. We are going to be signing it, sending it and it has no bearing but this is Councilís wishes of what we would like to see. There are Charter amendments that are done even though the Charter said this is the way things are done. Things do change. This is if we would like to continue the honorarium we have on various people.
Mr. Knox said again I was in the audience when one of the streets in this City was named and the Council was actually at sea as to what name to use. One of the people in the audience suggested Ray Norrish. I take exception to the comment in here that they take great care in selecting the individuals.
Mr. Vanover said I too would agree that the events should be left to the jurisdiction of the Administration. If itís an event being funded by the City we can cut off the funding if we desire. I disagree with dictating to future administrations that the events will be named by Council and solely by Council. At the beginning of the space age we began with Cape Canaveral. After Kennedyís assassination it was renamed Cape Kennedy. It has since gone back to Cape Canaveral. Does it belittle Kennedyís honorarium or memorial? No, I donít think so. While we have in our hearts and minds what our intent is, projecting that intent over 30 years, 130 years, 1030 years, there are only so many streets, so many fields. If we would desire to combine we canít do it. While I understand the intent, I think we are handcuffing future generations of Council. People say we do that from time to time as it is. Yes, we do. We have saddled future Councils with a debt to be dealt with on the Rec Center. Did I like it? No, none of us did but thatís the reality we had to face with that project. I whole-heartedly think we should eliminate the word "event" from the bill because Council is overstepping its bounds. It is a legislative body. To say that this name that we choose at this point in time, sometime down the road has to stay. I think thatís a decision that that Council has to make. In our own history the City of Springdale changed. We did not originate as Springdale. We originated as Springfield. Thatís why Springfield Pike is still called Springfield Pike. Thatís a matter of history that I think history will deal with and dictate that turn. I think we are walking on unnecessary hallowed ground.
Mr. Squires said even though I suggested an amendment to this, I still have a problem with it. I would be the last member of this body to want to cross the lines of authority within the legislative branch and the executive branch. Weíre really getting into something here that bothers me a little bit. If "events" has to be taken out, then it has to be taken out. Is this really not a moot point? Is this whole resolution not a moot point in light of what we have done?
Mr. Galster responded this is a resolution. This is not an ordinance. This is not trying to enact a law. Resolutions are what Council can use to express an opinion. This does not bind the Mayor in any way, Parks and Recreation in any way. It just lets Councilís feelings be known. If we were trying to pass an ordinance to make it law that this City Council has the right to name every event, that would be a different issue. This is a resolution. As far as "until the end of time," itís until somebody else changes it again. Even if we pass an ordinance tonight, we can get rid of that ordinance with a 5-2 vote. There is nothing that binds anybodyís handís here. There is nothing that precludes people from doing what they are entitled to do. I appreciate what the Mayor has done tonight, but this isnít an attempt to create law. Itís an attempt to have the wishes and feelings of Council be known and thatís it. Nothing more, nothing less.
Mr. Wilson said in response to what Mr. Vanover said, Council doesnít have the responsibility to change or name events, parks, streets, or honorariums, not the sole responsibility. Mr. Knox just said somebody in the audience years ago named Ray Norrish Drive and we all agreed. This resolution is just an expression of a feeling. We vote on it individually as we always do, and if you feel strongly against it, vote against it. It is something that was brought up and we can vote on it and move on.
Mr. Danbury said if you look at the very first word, it says "requesting", requesting that the events, streets, parks, awards, those things will continue to be here. Itís our "request". As Mr. Wilson said someone else can change it. The Mayor, whether it be Mayor Webster or future mayors, can do whatever they want. We cannot bind them to any future action. This is just our action today, saying we would like to keep things the way they are. Mr. Vanover, you made a good point, but if you donít try to remember history, then people will forget people. Kennedy has a space center and all kinds of things. I donít think thatís a big issue. We have people who have contributed, whether it be in scouts, churches, sports, whatever. If there is anyway we can honor them from now until the end of time, it would be great.
Ms. Pollitt, said Mr. Galster, when you were talking about Councilís decision to do things, I would like to be more included in a resolution that comes forward, for more input. I canít vote on this because I donít feel that all of Council had input on writing the resolution or making our desires known on the resolution.
Mr. Squires said I want to thank Councilman Danbury and Councilman Galster. You have helped me a lot, but if this is not binding, why are we really doing this?
Mr. Galster replied we pass resolutions all the time where we wish to acknowledge accomplishments or people. Itís not a law. We have a resolution honoring Princeton athletes, as an example. Mr. Wilson wrote it and I didnít get to see it. I donít think resolutions go through complete Council review before they come up. Anybody can ask for them. I apologize that it might not have gotten into your boxes until a couple of days ago. I donít know that every resolution needs to pass the test of every person having to review and comment in order to be brought forward. Once again, this is not law. Itís just a statement of Councilís opinion.
Mr. Danbury said, Mr. Squires, you are right about the resolutions. At the last meeting Resolution R7-2000 passed with seven affirmative votes. All it did was say it was a resolution opposing an amendment to the constitution of the State of Ohio regarding collection of local earnings tax. That had no binding. It was just the feeling of Council. I had nothing to do with the writing of this resolution but typically, at any given time, any Council person has the right to bring in an ordinance or resolution that he or she feels is necessary. They donít have to run it past everybody as a committee of the whole. They donít have to run it through the Legal Department but it would be a good idea to have everything done correctly.
Mr. Wilson said you are right, Steve, I did author a resolution for the Princeton athletics. I authored at least two proclamations. One was for Princeton basketball and five mayors signed it. That was the first time that was ever done and Mayor Webster was instrumental in assisting me in that. None of you guys knew about that until it was in place. We do resolutions as individuals and they come before the body. Nobody knew about Resolution 7 until the meeting. We do these things. Either we vote on this or we donít. Weíve had discussions. Letís move on.
Mr. Squires said Iím certainly getting the opinion here that weíre divided on this. Iím beginning to agree with Councilwoman Pollitt that maybe this could be rewritten. Iím not totally opposed to it. We have the word "events" in here that is suggesting some controversy. If this is going to be a resolution and opinion of Council I would like it to be without any conflict whatsoever in terms of wording.
Mr. Vanover said Resolution 7 was requested on our agenda last time from the prior meeting. We knew full well.
Mr. Danbury stated Mr. Galster brought this forth at the last meeting.
Mr. Vanover said Iím just saying for the record that that is the situation. Itís not just that it appeared over night.
Mrs. McNear said thatís why when Mr. Galster brought this resolution in at the last meeting that I suggested we move it to this meeting because many of us sitting up here heard that issue for the first time that day. That would not have given people enough time to ponder the situation and get their feelings out. I think in the last two weeks we have had time to look this over. However, if there are errors in this I think they need to be addressed. Initially I did not agree that we needed to table this but if there are errors I think we should take a step back and look at it again when itís been corrected.
Ms. Pollitt said I am trying to make a difference between the resolutions that are brought in to honor athletes. Those are resolutions that are honoring individuals at that time. Weíre not dictating by that resolution how future honorees will be named. In Section 3 we are dictating how weíll be doing this. I donít want to dictate how another Council or other people sitting here send out an honorarium.
Mr. Danbury said again, if you look at the resolution, the very first word is requesting. Itís not saying from here on out. A resolution is more like a wish. Itís not stating that from here on out thereís no questions. Anybody who sits up here will follow the word of Council on March 15. Itís basically saying that weíre requesting that the events, parks, streets, honorariums in place today will continue without interruption. If you donít feel comfortable with it, you can have it tabled. This whole thing is just requesting that what we have in place today will continue from here on out. Something could change in a month. We have a legal opinion and itís an opinion I agree with. The executive portion sits with the Mayor. Weíre legislative. Weíre just a legislative group telling the current Mayor and future Mayors that this is what we would like to see in the future. Future Councils and future Mayors may totally disagree. You may even change your mind on the same issue down the road, but this is how you feel when we vote on it tonight or when it is brought forth to the floor.
Mr. Vanover said Mr. Danbury, you made a good point and the point is you take a picture and it is time frozen. It will never change because it is locked in right there. We honor athletes at that point in time. I think when Council bestows a name on something our intent is that it continue. I donít think there is any question about what that is. But I donít think we have to add opinions to it. In our hearts when we choose to honor somebody for whatever, thatís how we feel at that instance. We donít need to add on to that and say that in five years we hope you all will think the same thing. My problem with this is projecting out.
Mrs. McNear said in my opinion, in passing this it gives a false sense of security to the Manis family that this may not happen again. It may happen again. The people have expressed their opinions, the Mayor has given his assurances that heís not going to change the name, but to me, it would be a false sense of security. It would be like the squeaky wheel got the oil. I couldnít in good conscience vote for this by saying that it would never be changed. A future Council could change it. Granted Mr. Galster, you said it was just the opinion at the moment but I see it eventually being overturned. It may not be for five years, ten years or fifty years but I see it as a false sense of security and I would not want to impart to the Manis family, after enduring what they have in the last two weeks, that it may not come up again.
Mayor Webster said letís face it. We wouldnít have spend 35 or 40 minutes talking about this resolution had the Park and Recreation Department and I not taken the action we took on December 7. Iíve admitted that I made a mistake. I made the proper apologies. For the good of this government I recanted that decision in hopes that it wouldnít continue to split this government. I would urge Council to make a little sacrifice here too. You have a right to pass what you want. Thatís reaffirmed in Mr. Schneiderís legal opinion. Had I not did what I did you wouldnít be talking about this. I made my peace. I recanted my decision, made my apologies for the sake of the family and this government. I would certainly appreciate Council doing likewise and showing a little unity. Letís get on with life here.
Mr. Galster made a motion to table the resolution. Ms. Pollitt seconded. Resolution R7-2000 was tabled 6-1. Mr. Wilson voted no.
Mr. Danbury said we had a walk through at the Community Center the other day. The Rec Center is going to be very impressive and I hope everybody gets a chance, when it does open up, to go down there. There are so many opportunities for various types of programs and weíre going to need input from people. If you would like to see guitar lessons or Spanish lessons, etc., Iím sure the Administration would love to have any input. Itís going to be fabulous. I want to thank Administration and the Community Center crew for taking us through. It was very informative and I was very impressed.
Mr. Parham said at the last meeting someone asked about the time frame of the installation of playground equipment at Cameron Park. I talked with Mr. Karle of the Community Center staff and he notified the company we contracted with. They have placed the order and it will be an eight week delivery period. At this point they have no installation date. Weíll let you know as soon as we find that out.
Mr. Vanover said I had made wishes known that when we moved into the new facility that the equipped exercise equipment be available at an earlier time frame than is currently available. I have since found out that that has already taken place. Thank you.
Ms. Pollitt said I would like to take this time to thank the Administrator, Mayor Webster, Ed Knox and the department directors from the Police Department, Fire Department, Recreation Department for giving up last Wednesday to attend and be part of the District 3 meeting. I have heard nothing but positive feedback from a few of the residents. The programs that were presented, especially by the Police and Fire Departments as to safety and the presentation that Mr. Burton gave on the Community Center were so well received.
Mr. Danbury said I know we are going to do a lot of renovation in the area that currently has the ping pong table and video games. Do you think it would be feasible to move some of the exercise equipment out there? Itís a much larger area and a little warmer.
Mr. Parham said as part of the shifting to that area we are going to have air conditioning but soon they will shut off the gas line that allows the heat back there. The problem with trying to use that particular room is that that room is going to become the child care facility and very soon that area will be turned over to the contractors. The advantage of having the equipped exercise equipment where it is currently located is that weíll still be able to have access to it. When we relocate the office to the arts and crafts room, the only way of getting over to the racquetball courts and the equipped exercise will be going through the gymnasium because you wonít be able to access it through the current lobby area where the trophies are.
Ms. Pollitt asked at the walk through on Saturday we talked about getting new equipment for the weight room down there. Will the existing machines go the Fire Department and Police Department? I would rather see that than have them put up for sale.
Mr. Parham replied the Fire Department and Police Department have equipped exercise at their facilities. The bids are out for the equipment we plan to get rid of. There is an opportunity in the bid package for a trade in. If weíre not satisfied with the number in the trade in we can look at other opportunities but I canít think of anywhere else where we would have space to put that equipment.
Mrs. McNear said after the last meeting I talked with Mr. Shvegzda about the lights at the Best Western. When you are coming up the entrance ramp to go I-275 eastbound they hit you right in the eyes and when you are going westbound on I-275 trying to take the exit on Rt. 4, they are very distracting. Is there anything we can do to get those lights dimmed?
Mr. Galster answered that was discussed last night at Planning Commission. Also the Shell Station at the corner of Kemper and SR 747 has been relamped and totally lit up that area. It used to be that we were concerned that there was enough light for safety reasons. Now itís becoming too much light so we are trying to control spillage. At the Best Western there is something wrong with the way that it is. It was not designed to be that way so they will be made aware of the situation and asked to modify it. If they donít modify it they could be cited to Mayorís Court.
Mr. Vanover said we have requested information from the City Planner as to what other cities are doing for light buffers. Right now we have a minimum but no maximum.
Ms. Pollitt said a resident from Olde Gate said they got a lot of light spillage from the car dealership and also from the noise. Do you know if Planning Commission will be looking at that?
Mr. Osborn said the Police Department is looking at the noise issue and the Building Department is following up on the lights.
Mr. Vanover said we need a bulb in the light at Tivoli and Crescentville. Several people have asked what is going on in the creek. Itís the construction of the 915A and they are moving along quite rapidly. They have cut a ten foot swath through that area back there. Itís not virgin forest but there are several trees that are 25 feet tall that got bulldozed over. There was a question about replacement because that is our sight and sound buffer for I-275. Also, they are down in the creek channel. I know the hoops the Ohio EPA made us go through when we considered enlarging that drainage under Chesterdale Road. I witnessed them actually pushing another piece of equipment through the creek bed and I know they were allowed a certain amount of access to it, but in talking with Mr. Shvegzda last night it was supposed to be a minimal effect. If we could check on that I would greatly appreciate it.
Mr. Squires said all of you have a copy of a letter that I received from the O-K-I Board of Trustees. They are going to have a public service recognition week and up to fifteen individuals from our region will be recognized at an event on Fountain Square on May 2, 2000. They asked me to nominate some people. My feeling is that we have a number of outstanding people in this community, any one of which would be deserving of this nomination. The deadline for nominations is March 31. If we have someone we feel is truly worthy of this it would be an honor to this City for them to receive this recognition.
Mr. Knox said we have our annual letter from the Ohio Department of Commerce Division of Liquor Control. "The purpose of this letter is to notify you that all permits to sell alcoholic beverages in your political subdivision will expire June 1, 2000. In order to maintain permit privilege every permit holder must file a renewed application." We have to get back to them by May 3, 2000 telling them if we want to file against any of the liquor permit holders in the City. I suggest that Council allow me to contact the Chief of Police and see if he has anyone and I will report back to Council.
Mr. Osborn said I want to respond to Mr. Vanoverís comments about the work on the 915. The crossings in the creek are the result of a very close review by EPA. The alignment of that sewer was totally reconfigured based upon comments by Ohio EPA. The number of creek crossings were reduced significantly. In order to reduce those creek crossings it had go over land more and that meant through trees. There will be significant foliage removal as part of this project. We have attempted to work with the contractor, MSD and EPA to avoid that situation. We did, in fact, sign off on a modification to the alignment that would spare some of the bigger trees. EPA has forced the project out of the creek and as a result, it is going to be very difficult for MSD to build a sewer of that size through that low area without getting into the existing foliage. MSD will not have any obligation to do any replacement. It will boil down to the City looking at this area after the project is complete. There were some trees requested in that area and we prefer to hold off until after construction was complete for numerous reasons, one of which is we were concerned about the trees being damaged with all the equipment that would be coming through that area. I donít think there is going to be a resolution that is favorable to your concerns. We just have to do our best afterwards to assess the situation and see if there is anything we can do to mitigate it.
Mr. Vanover replied I agree with you. Ninety-five percent of the foliage back there is scrub. I know the honeysuckle will take over on its own but if we can help to regenerate to some degree and I know we canít hold MSD to the same standards we do developers coming in. I can live with that but when they are pulling a chipper down in the creek, thatís a little different.
Mr. Osborn answered there may not be alternatives. There are no roads back in there and the creek is probably the least cluttered way to gain access. The other way would be to carve a road up through there.
Mr. Vanover said effectively where they have the pipe laid out they have a ten foot wide swath.
Mr. Osborn said it may not be possible to get the equipment over that same alignment and youíd have to have a second clearing to move equipment. Iím certain that MSD is very sensitive to oversight by EPA. If there are going to be any critical comments on how the method of construction is being made it will be swift and sure by EPA. I really donít know that we could or should initiate anything on our own. Because the project has been taken out of the creek and put on the bank there are going to be trees taken down. By being put on the bank itís going to be harder to get equipment moved around. Itís a trade off that EPA chose to make in order to reduce the crossings. The idea about reducing the crossings was to avoid the situation where you have a sanitary sewer in the creek itself. Thatís the price we pay to have that accomplished.
Mr. Vanover said my only concern is that we at least look and make sure. As long as EPA is riding herd thatís all we can ask.
Mr. Osborn said the contractor brought a proposal forward to make a minor modification in the alignment of the creek in order to save trees. EPA had to sign off on that. MSD had to sign off and the City had to sign off so the contractor is not out there running wild. He is given a very specific alignment to follow and any modification of that alignment has to go through a very strenuous review.
Mayor Webster said Iíd like to go back to Mr. Squireís topic of public service recognition. I canít think of anyone connected with the City of Springdale who would deserve an award like this more than our own City Administrator, Cecil Osborn. I would like to see us submit his name. Cecil has worked very closely with the people at O-K-I over the years and I think we could go on all night with things he has done for this City and this region. I think he deserves this.
Mr. Danbury said I personally agree. We get all these accolades from all the different departments and it goes from the top down. Mr. Osborn has been with us twenty-six years. He has his footprint on everything. I think it would be a great honor.
Mrs. McNear said I donít think anyone up here would have a problem with Mr. Osborn being nominated for this honor.
MEETINGS AND ANNOUNCEMENTS
Board of Zoning Appeals - March 21,2000
Mayorís Night In - March 22, 2000, 6-8 pm
Finance Committee - March 23, 2000, 6 pm
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Resolution R8-2000 - April 5
RECAP OF LEGISLATIVE ITEMS REQUESTED
Regulating the parking of non-motorized vehicles April 5
Contract with PCS - April 5
Agreement with CWW Ėreplacement of water main April 5
and agreement with CDS April 5
Council adjourned at 9:45 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council