††††††††††† President of Council
††††††††††† The governmental body and those in attendance recited the pledge of allegiance.
††††††††††† Mr. Knox took roll call.† Present were Council members
††††††††††† The minutes of
††††††††††† Mr. Knox read an e-mail from Sandi
††††††††††† I want to get my message out to the community about the walls.† This photographer was amazed at how little noise was present at my home in the backyard from the highway.† However, when we approached the top of the hill (I have about a 45 degree embankment of earth at rear of property), there was the ďhighway noise.Ē† I have lived in this home for over 19 years and have never complained of noise.† We have an outdoor pool as well, and comfortably swim and enjoy conversations and music all summer, without an inability to hear one another.
if walls were to be erected, in my situation, that
would literally push the noise right into my bedroom windows (two story
home).† The hill in our backyard shelters
our home from a large majority of the noise.†
I am convinced the noise affecting residents on Summerfield (from
halfway up the cul-de-sac all the way up the hill to Cincinnati Mills) would be
severely compromised and actually have an increase in noise.† If you have any doubts to my theory, please
come visit me and I will show you first-hand that the
walls are not the right solution to the current highway situation.† This severe earthen embankment looks nice,
preserves trees, and certainly should be considered as a possible solution.† Unfortunately, ODOT might not have any
financial incentive for anything other than a hideous, unsightly wall, but
youíre talking about MY home and MY community, and I donít want to look like
††††††††††† And as a side note, how do you feel emotionally when driving down the interstate through a wall of tunnel?† I donít enjoy my drives across town where I have to look at those unsightly structures.
††††††††††† I live at 871 Summerfield and welcome discussing this issue with you further.Ē
††††††††††† Mr. Knox read another e-mail from Wendi L. West, Knolls Condominiums.† ďMy name is Wendi L. West and I am in support of the noise barriers.† I live 20 yards from I-275 in The Knolls condominium complex.† I deal with the noise day in and day out and welcome the opportunity for noise reduction.† Not only would I appreciate the barriers in reducing the noise, the barriers would also help me in terms of resale for my condominium.† Iíve met with representatives from ODOT in person and talked with them at length about the project and I feel that the noise barriers are a good thing.† They are not an eyesore as have been described and would help those of us who made the decision to live near a major highway.† Please support ODOT in this endeavor.
††††††††††† Ms. Pollitt said I had a communication from residents opposing the sound walls,† Brett and Carol Marlar.† I have it available if anyone would like to see it.
††††††††††† Mayor Webster said in addition to
the phone call yesterday in support of the walls, I also have this letter which
I believe was initially sent to The Enquirer.†
ďThis letter is in response to Kevin Aldridgeís comments in your
††††††††††† Mayor Webster said Mr. Parham was certainly acting on our behalf and itís totally unfair to take out your frustrations on Derrick.
††††††††††† Mayor Webster said I have another
letter that reads, ďOn behalf of the Springdale Sailfish Swim Team I would like
to thank you and the entire City Council for supporting a proposal allowing
††††††††††† Mr. Knox said the letter Mayor Webster just read accurately quoted The Enquirer article that said 500 yards.† It should have been 500 feet so if anyone wonders why they werenít included, that wasnít correct.
††††††††††† Mayor Webster said I have a lot to
say about the walls.† There was some
confusion about whether it was 500 feet or 500 yards.† †It is
500 feet.† Now comes another piece of
information that was shared with me moments ago by Ms. Pollitt.† The person who supports the walls says
theyíve gone on the internet and looked up a regulation and itís really 660
instead of 500 feet.† Hopefully, all of
you have received this newsletter.† We
wanted to get it out around the first.†
The target was also to have the ODOT survey in the homeownersí hands by
the 4th or 5th.† We
were told by ODOT that they would send those surveys to us along with the
mailing labels and we would be responsible for mailing them out but the
responses would go back to ODOT.† We
welcomed that opportunity because we wanted to look at the mailing labels to
see how many of those were
††††††††††† Mr. Parham stated we had requested
that they go through their mailing list to make sure it is
††††††††††† COMMUNICATIONS FROM THE AUDIENCE
Mr. Traut, resident, said Iím
surprised there arenít more people in attendance.† I received the newsletter and itís referencing
the 1994 proposed project and this project.†
There is a distinct difference between those two projects and I would
like Council to advise why these two projects are distinctly different and why
one was basically open to all residents of
††††††††††† Mayor Webster responded I all along
have contended that I donít think itís right for 109
people to make a decision that affects all of us in the City of
††††††††††† Mr. Traut
said there is a difference in the types of the two projects.† In 1994 you were dealing with a Tier 2
project, where noise abatement is an option.†
However, there is not going to be a substantial change in the
highway.† Today we are dealing with a
Tier 1 project, where the noise abatement is being presented; however, it is based
with a major change in the highway.† That
is why the residents within 500 feet are being surveyed and not the entire
††††††††††† Mayor Webster replied and you expect us to adequately explain that to 10,500 people in the newsletter?† I think we did a pretty good job in giving an unbiased report.
††††††††††† Mr. Traut said I donít want to get into an argument here but if we are going to present information from 1994, we should at least attempt to indicate to them what the difference is.† Anybody that does not know the difference would say back in 1994 we did this.† Today we are doing this.† What is the difference?† Without the explanation, nobody knows.† Anybody who reads the minutes or catches this on public access can hopefully understand that there is a difference in these two projects.†
††††††††††† Mr. Wilson stated we donít know what affect the decibel count would have on the residents over 500 feet away.† If the noise barriers were constructed for the benefit of the residents 500 feet or less and it was an increase in decibel count for those over 500 feet away, would you still support that or expect us to?
††††††††††† Mr. Traut
replied if you take a pool of water, put a barrier in the water and throw a
rock in, waves will eventually reach the other side.† The residents that are over 500 feet are
going to have an increase in noise regardless if the walls are built or
not.† The problem that occurred along one
section on I-71 in
††††††††††† Mr. Wilson said we have to deal with what will happen to the residents over 500 feet away as well as those less than 500 feet away.† If they are going to be more adversely affected we have to consider them.† No one has told us what that decibel count is even now. ††There is a good possibility that that decibel count would be increased tremendously because the noise would bounce over everything and land more than 500 feet away. Until I personally see some decibel counts and can see that it is not going to adversely affect residents over 500 feet away, then thatís a consideration.† †We serve all the residents, not just the ones within that 500 feet.
††††††††††† Ms. Pollitt said, Mr. Traut, when you talked about the impacted residents, I
think all the residents of
††††††††††† Mr. Danbury said this is an issue
that seems it isnít going to die.† I have
a friend who owns a restaurant by the railroad tracks in
††††††††††† Mr. Knox said there are nine elected
officials up here, seven of whom get to vote on this.† The people donít want the sound walls.† You can quote all the pseudo-science and junk
that comes out of
††††††††††† Mr. Vanover said my biggest problem
with the science is getting the answers.†
On the north side west of
††††††††††† Mr. Galster said ODOT has admitted that berms are the better way to do it but we donít have room to make an earthen berm that will be effective.† Theyíve also admitted that angled walls are better.† Straight walls are more economical.† They tell me these walls do not produce any bounce, yet† they tell me it would be better if they put them at an angle because the sound would bounce up into the air.† I still believe there is some amount of bounce over and bounce back that will happen.† I know the world is out there but it doesnít bother me that much.† I think there are a lot of reasons why this board as a whole has a problem embracing these walls.† Aesthetics is one, the fact that it is not the best way to mitigate the noise problem, the amount of people and what actual affect it will have.† I havenít gotten anything from ODOT that will change my mind.
††††††††††† ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 18-2005 ďAUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH THE PAYNE FIRM, INC., FOR REMEDIAL ACTION ON PROPERTY LOCATED AT 365 WEST KEMPER ROADĒ
Mr. Galster made a motion to add the emergency clause and Mr. Squires seconded.† The motion passed with seven affirmative votes.
Mr. Osborn said we are asking for an emergency clause because the property in question is undergoing a Phase I evaluation by our environmental consultant.† That is more directed at identifying asbestos and other material internal to the building.† Prior to that both the prior owner and the City ran tests on the property as related to perchlorethylene spills that resulted from the previous operation on that site.† †We solicited a proposal from the Payne Group to remediate both the water and soil for $79,450.† They indicate they can start to work two weeks after the property is vacated.† The property was vacated Sunday.† They also indicated it will take four to six months for the remediation to have its effect.† Weíd like to start the remediation as soon as possible.
Mr. Squires said this seems like a very good deal for the City.† Did we not receive from Springdale Cleaners something like $100,000 for cleanup?
Mr. Osborn replied no, it was more complex than that and involved another piece of property.† That $100,000 in escrow applied to the former Burns property.† We did make a settlement with them on this site.† I think we are within the margin of what we expected to pay when we made the deal for this cleanup with the former owner.
Mr. Knox stated I read it the old way so I have added the emergency clause in the title and in Section 3.
Ordinance 18-2005 passed with seven affirmative votes.
19-2005 ďAMENDING SECTION
155.0592 OF CHAPTER 15: LAND USAGE OF THE CODIFIED ORDINANCES OF THE CITY OF
Mr. Osborn reported this will broaden the definition of the material that is regulated by our existing code regarding when material may be set out for collection.† Currently it just says rubbish containers but the practice has become routine for people to set things out in plastic bags.† We donít find that to be a problem; consequently we donít want to prohibit it, but under the current code we can only tell a party that they have to put their waste containers back.† We canít tell them they have to put their plastic bags back.†† In paragraph C, 155.0592 we are just extending the definition to include trash, rubbish, debris, or other items to be disposed of.
ORDINANCE NO. 20-2005 ďACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH C.A. ECKSTEIN ROOFING, INC., FOR REPLACEMENT OF THE COMMUNITY CENTER GYMNASIUM ROOF AND DECLARING AN EMERGENCYĒ
††††††††††† Mr. Squires made a motion to adopt and Mr. Vanover seconded.
††††††††††† Mr. Osborn said this roof is not part of the work we did a few years ago when we modernized the Community Center.† This is the roof over the auxiliary gym that was untouched at that time.† We are experiencing leaks down there that do jeopardize the floor, which was refurbished.† This was a 2005 budget item. †We will be a little over the estimated cost in the budget but we believe this is the best bid and encourage Council to adopt the legislation.
††††††††††† Ms. Pollitt asked is that the original roof that was on the building?
††††††††††† Mr. Osborn replied no, the roof we had on there in 1972 had actually been replaced in the mid 1980s so it has been on there over twenty years.†
††††††††††† Ordinance 20-2005 passed with seven affirmative votes.
Mr. Osborn said we did receive notice from the Greater Cincinnati Chamber of Commerce requesting our annual contribution to the Cincinnati USA Partnership.† We have participated in this program for about sixteen years.† We entered into a five years pledge last year that runs through 2008.† Our annual contribution is $10,000 and I would like to request legislation at the next meeting.† This group promotes the areas as a region and we are certainly part of a regional colony.†
Mr. Osborn said Iíd like to pass out to Council the revised version of the legislation dealing with parking of commercial vehicles in residential districts.†† The staff has been reviewing this for a month since you last saw it.† We have two pieces of legislation.† This one deals with changes to the Zoning Code.† A companion ordinance deals with changes to the parking regulations and has to go to Planning Commission.† I was hoping to have discussion tonight, have it referred to Planning Commission for their consideration and have it come back to Council on the appropriate schedule for a public hearing.† We have tried to address the issues brought forth by members of Council. †We do have a provision that states ďone commercial vehicle other than those defined in Section 153.480(F)1 shall be permitted to be parked or stored upon a driveway in a residential zoning district provided it does not exceed eight feet in height or 20 feet in lengthĒ.† At the same time we have specific prohibition on things such as cement trucks, tow trucks, flatbed trucks, semis, etc.
Mr. Danbury asked where would a wood chipper fall in?
Mr. Osborn answered it would be under non-recreational trailer.† We can get more explicit if you want us to.
Mr. Knox said we received a check for $27,595 for the snow removal during the Christmas time.† I must compliment Mr. Butsch on the work he did getting this all together.
Mr. Knox reminded everyone that all taxes are due by April 15th and all elected officials must submit their surveys to the Ethics Commission.
Mr. Danbury said I was speaking with some residents along Smiley.† When we did the road improvements, they did it so late in the year that they didnít seed.† Is our contractor going to follow up on that?
Mr. Osborn responded they have an obligation to do
that.† If you give me specifics I can
also check with the Superintendent of
Ms. Pollitt said I wanted to talk about the street repair work on Lawnview.† I notice there are some gas lines being replaced and I assume it is because they are lowering the road bed.† A resident from Van Cleve said they came and dug her yard up.
Mr. Osborn said there may be two different issues going on.†
Mr. Shvegzda said on Lawnview the original gas line may have been put in so shallow that the curb may have interfered with that.† I donít know about Van Cleve.
††††††††††† NEW BUSINESS
††††††††††† Mr. Wilson asked Mayor Webster, do you want to comment on our block watch meeting?
††††††††††† Mayor Webster said it was very well attended.† We did have some issues.† We had some good suggestions and a good plan going forward.
††††††††††† Mr. Parham reported we received the
quotes for the 2005/2006
††††††††††† Ms. Pollitt said we had our crime watch meeting in District 3 last evening.† Weíd like to invite all the residents to come out on May 3rd and join us.
††††††††††† MEETINGS AND ANNOUNCEMENTS
††††††††††† Planning Commission††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††† April 12
††††††††††† Board of Health†††††††††††††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††† April 14
††††††††††† Board of Zoning Appeals†††††††††††††††††††††††††††††††††††††††††††† -†††††††††† April 19
††††††††††† Opening Day†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††† April 16
††††††††††† Mr. Danbury said Springdale Automotive is underwriting four teams and I think they should be applauded.
COMMUNICATIONS FROM THE AUDIENCE†††††††††††
Mr. Traut gave the ODOT reply to The Enquirer article to Mr. Knox.† I would like to see a copy of the 1994 minutes.
Mr. Knox stated they are available in my office during normal business hours.
Mr. Traut said I asked what number of residentsí response is needed to be legitimate. †The response was 60-70%.† Iíve never heard of required participation with a vote.† I think it is a dangerous precedent to require participation to vote. †
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Ordinance 19-2005†††††††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††† first reading
RECAP OF LEGISLATIVE ITEMS REQUESTED
Chamber of Commerce payment††††††††††††††††††††††††††††† -†††††††††† April 20
Health Insurance (2)†††††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††† April 20
Council adjourned at
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Respectfully submitted,
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Edward† F. Knox
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Clerk of Council/Finance Director
Kathy McNear, President of Council