President of Council Kathy McNear called Council to order on May 3, 2000 at 7:00 p.m.
The governmental body and those in attendance recited the pledge of allegiance.
Mr. Knox took roll call. Present were Council members Danbury, Galster, Pollitt, Squires, Vanover, Wilson and McNear.
The minutes of April 19, 2000 were approved with five affirmative votes. Mr. Galster and Ms. Pollitt abstained.
COMMUNICATIONS - none
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCE NO. 33-2000 "AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SPRINGDALE AND THE GREATER CINCINNATI CHAMBER OF COMMERCE PERTAINING TO "PARTNERSHIP FOR GREATER CINCINNATI 1999-2003""
Mr. Vanover made a motion to adopt and Mr. Squires seconded. Ordinance 33-2000 passed with seven affirmative votes.
ORDINANCE NO. 35-2000 "AMENDING ORDINANCE 58-1998 AUTHORIZING CDS ASSOCIATES, INC. TO PROCEED WITH THE ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION WORK NECESSARY FOR THE SPRINGDALE COMMUNITY CENTER EXPANSION RENOVATION AND DECLARING AN EMERGENCY"
Mr. Danbury made a motion to adopt and Mr. Wilson seconded.
Mr. Danbury said the Capital Improvements Committee, including Mr. Wilson, Mayor Webster, Mr. Osborn, Mr. Parham and I met with members of CDS on April 22. We went over a checklist of where we stand. Originally the budgeted amount for the entire project was $8.9 million. After we designed and bid it we came in about $1 million under. The construction administration was originally $225,000. Year to date, from March of last year to January of this year, we have expended $200,000 of the money. Some of the reasons deal with the fact that there is a retrofit. Whenever you have a retrofit you have more problems that you don’t foresee, such as unsuitable soils and underground sanitary. It’s the feeling of the committee that we should make a change order for an additional $93,000. It was 3% of cost to administration of the project. Now it is 5% but that is within the realm of this type of project. There are a few items we are going to try to negotiate with the contractor so that the City doesn’t have to absorb them. We ask Council to pass this.
Mr. Osborn said there is a corresponding part to that Ordinance 58-1998, dealing with construction observation, which is the inspector in the field. Fortunately, we are running about $50,000 better in that phase of the contract than we had projected. This is a projection through the end of the project. There were circumstances that were unforeseeable that impacted the amount of administrative work that the architect had to put into the actual field part of this project.
Mayor Webster said $93,000 is a lot of money but you have to put it into perspective of the whole project and we do have some off-setting costs. My biggest concern is, is this just the tip of the iceberg or are we going to have one of these in here every month? I was given assurance by the folks at CDS that of all the things they know about today, this should be the last change order of any significance.
Mr. Danbury said I’d like to re-emphasize that we are still under what we originally budgeted by almost $700,000.
Mr. Wilson said I have every confidence that CDS is looking out for the best interest of the City. Obviously the City is going to monitor it and no one is going to have a free rein on anything.
Mr. Galster asked was the original contract with CDS set at 3% and this is extra work that was required? Will we still end up with the base contract based on 3%?
Mr. Parham replied when we first entered the RFQ and went out for bids, and chose CDS, we then sat down with the architect team and negotiated various projects. Pre-planning was set at $75,000. There was the design that we set at 8% of the original amount that we estimated, which was $7.5 million. The construction administration was set at 3% of that $7.5 million. The construction observation was set at 2% as was the miscellaneous professional fees.
Mr. Galster answered so those numbers are not necessarily fixed. They are what we anticipate them to be.
Mr. Parham said they’re fixed because they are based upon that $7.5 million. If they exceed that, then we would have to come back to Council. In the area of construction observation, that number is falling below what we had anticipated. Therefore, there is no need for us to come back before you.
Mr. Galster said if we are looking at $7.5 originally and we are talking 3%, and that number goes down or up, does that number necessarily change to reflect exactly 3%?
Mr. Parham replied no.
Mr. Shuler stated unlike the design which is a part of the project that you control all elements of, when we got to the construction part, not knowing who the contractors would be, how well they would work together, what difficulties we may encounter, we estimated both the construction administration and construction observation. As we reported this evening, to this point we have found that the construction administration is taking more time than was originally estimated and the construction observation is taking less time than originally estimated. We have estimated this through the end of the extended project period. Remember we are probably going to be two or three months past the time we originally thought we would have the project done because of the early soil problems and other issues. It’s very difficult to set a number on the construction part of it, simply because we don’t have control over all the elements of that work. We’ve been trying to keep the Capital Improvements Committee and Administration informed on a monthly basis on where we are and where we think we will be by the time we get to the end of the job.
Mr. Danbury said I also feel very comfortable with what CDS is doing. I think they are doing a very good job monitoring everything. This figure does not include any kind of cost overrun on anything to do with the fire.
Ordinance 35-2000 passed with seven affirmative votes.
ORDINANCE NO. 36-2000 "ACCEPTING A PROPOSAL UNDER THE STATE ADMINISTRATIVE PURCHASING PROGRAM AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH 32 FORD-MERCURY, INC. FOR THE PURCHASE OF ONE 4-WHEEL DRIVE, 4-DOOR, 2000 FORD EXPEDITION AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Squires seconded
Ordinance 36-2000 passed with seven affirmative votes.
ORDINANCE NO. 37-2000 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH REISENFELD & ASSOCIATES FOR PROSECUTING SERVICES FOR THE CITY OF SPRINGDALE, OHIO AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Mr. Squires seconded.
Ordinance 37-2000 passed with seven affirmative votes.
ORDINANCE NO. 38-2000 "AUTHORIZING THE CITY OF SPRINGDALE TO ACQUIRE A TEMPORARY RIGHT-OF-WAY AND CONSTRUCTION EASEMENT AND PERMANENT RIGHT-OF-WAY AND UTILITY EASEMENT FROM SPRINGDALE PLAZA LIMITED PARTNERSHIP FOR THE KEMPER ROAD IMPROVEMENT PROJECT AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Ms. Pollitt seconded.
Ordinance 38-2000 passed with seven affirmative votes.
Mr. Schneider said Ordinances 38 and 39 had some minor revisions. Ordinance 40-2000 is a new one that the Administration asked to have on the agenda tonight.
ORDINANCE NO. 39-2000 " AMENDING ORDINANCE NO. 6-2000 WHICH AMENDED THE ZONING CODE OF THE CITY OF SPRINGDALE, CHAPTER 153 IN ITS ENTIRETY"
First reading. A public hearing is set for June 7, 2000.
Mayor Webster said for clarification the work session on the Comprehensive Plan is a separate issue from this ordinance. There is no public hearing set for the Comprehensive Plan.
Mr. Danbury said, Mr. Schneider, the only difference I see in the original ordinance and the one you brought tonight is that the first one in Section 5 said all the provisions of Chapter 153 as established by Ordinance 6-2000 remain in effect. Is there a reason why that was omitted from the revision?
Mr. Schneider said the title was incorrect. Then we revised that because it was not necessary because we spelled out the sections. With that, we no longer needed the reference in Section 5 that we had before.
ORDINANCE NO. 40-2000 "AUTHORIZING THE CITY OF SPRINGDALE TO ACQUIRE A TEMPORARY EASEMENT AND PERMANENT RIGHT-OF-WAY EASEMENT FROM JAKE SWEENEY AUTO LEASING, INC. FOR THE KEMPER ROAD AT STATE ROUTE 747 IMPROVEMENT PROJECT AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Danbury seconded.
Ordinance 40-2000 passed with seven affirmative votes.
RESOLUTION R9-2000 "CONGRATULATING THE SPRINGDALE BLUE DEVILS 6TH GRADE GIRLS BASKETBALL TEAM"
Mr. Vanover made a motion to adopt and Mr. Wilson seconded.
Resolution R9-2000 passed with seven affirmative votes.
OLD BUSINESS - none
Mr. Osborn said the Administration would like to request an executive session to discuss pending litigation.
Mr. Parham said the Community Center is planning to schedule a three-on-three basketball shootout June 4, 2000 on the outside courts. Mayor Webster has spoken about the gathering of a group that serves as a focus group in assisting us in coming up with ideas for the Community Center. This is one of those things. The ages are 8-9, 10-11 and 12-13. Mr. Henry Bradshaw is one of the individuals who has served on the group and helped the staff organize this program. The deadline for entries is May 12 at the Community Center.
Mayor Webster added it can be an all male, all female or a co-ed team.
Mayor Webster read a proclamation he presented to the Garden Club on Arbor Day.
Mayor Webster said Parks and Recreation Commission met last evening. They got a proposal from the business that supplies the video games that they would supply the pool tables, 2 in the youth club room and one in the adult club room. There would still be some free games such as table tennis, foosball and shuffleboard. Right now pool is free, but if we went with an outside source like this, it would be 50 cents a game. It would cost the City $7,000 to supply the three pool tables. It costs $700 to $800 to maintain them. The staff and commission have recommended that we do this. I said I would hold my opinion until I ran it past Council. I have mixed emotions and would welcome you comments and suggestions. Maybe we can come back to this before we adjourn.
Mr. Parham said Mr. Burton and I met this afternoon with Cincinnati Bell who will be providing the phone system at the Community Center. As you recall, we originally budgeted around $44,000 for the telephone system. The representative has provided the proposal in the amount of $33,571.12. That does not include the wiring. The wiring cost will probably $7,000 to $8,000. This is part of the state purchase process and I ask that we bring legislation in with the emergency clause at the next Council meeting. We would like to lock this in so they can begin to order the materials and have them ready when we are ready for installation. Since the last time we met with them the price has dropped. She’s not sure whether the price will drop or go up this time.
Mayor Webster said I’d like to share with you a letter I got from Chief Laage in reference to the Greater Cincinnati Police Appreciation Award contribution to law enforcement. The letter reads "Our department was notified last week in reference to three of our police officers having been awarded this year’s Greater Cincinnati Police Appreciation Award. Officer Fred Romano, Sergeant Randy Pierce and Lieutenant Tom Wells were nominated and received this year’s award for their efforts involving the annual Police Expo which our Police Department has organized and sponsored since 1992. This event held during Police Week is a very positive event for area law enforcement agencies. We’re very proud to have been chosen to receive this award. Several members of the department have worked extremely hard on this event for the past eight years. There will be a dinner on May 19 when this award will be presented to our three officers. I wanted to make you aware of this award and will communicate with you shortly regarding the possibility of having in front of Council a recognition of these three officers." Mayor Webster said I would like a resolution honoring those three officers at the next Council meeting.
Mr. Danbury said I would like to add possible real estate acquisition to the executive session.
MEETINGS AND ANNOUNCEMENTS
Planning Commission - May 9
Board of Health - May 11
Board of Zoning Appeals - May 16
COMMUNICATIONS FROM THE AUDIENCE - none
Mr. Danbury made a motion that Council goes into a meeting of a whole for an informal discussion on possible real estate acquisition and pending litigation. Mr. Vanover seconded. The motion passed with seven affirmative votes.
Council went into executive session at 7:50 and resumed at 8:47.
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
2000 Street Repair Program/Crack Seal Program - May 17
RECAP OF LEGISLATIVE ITEMS REQUESTED
Phone service at the Community Center - May 17
Resolution for police officers - May 17
Council adjourned at 9:03 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council