President of Council Kathy McNear called Council to order on May 18, 2005, 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 May 4, 2005 were approved with seven affirmative votes.



            Civil Service Commission                                          -                       no report

Rules and Laws                                                          -                       no report         

Public Relations                                                          -                       no report

Public Health, Safety & Welfare                                 -                       no report


Public Works – Mr. Wilson reported the 2004 street program resurfacing of Lawnview is complete.  The 2005 street program bid opening will be open on June 1.  The work will be done between June and October.


Public Utilities                                                              -                       no report


Capital Improvements – Mr. Danbury stated the installation of the piling for the bridge foundation for the grade separation is underway.  The switchover to the temporary Progress Place is scheduled for this week.  Final legislation authorizing ODOT to bid the streetscape project has been received by the City.  Construction will begin later this summer.  ODOT will bid and provide construction engineering and administration on this project.  We should be getting the poles and lights this month.  The SR4/Crescentville project is a joint project with Fairfield.  Construction will begin in 2007.  The Community Center roof replacement has been done.  The bid opening for the Municipal Building roof was opened yesterday.  The work should be done by September.


Finance Committee                                                    -                       no report


Planning Commission – Mr. Galster said Super 8 Motel came in for clarification on a couple of items.  If they plant the trees as shown on the plan, make up any shortfall of what they can’t plant on the site, Planning Commission would be open to a reduction in the penalty and fine of the initial ruling.  That would be after all the other items are completed to the satisfaction of the City and Planning Commission.  The Ramada Inn requested approval of a new entry canopy as well as repainting the building.  I noticed that they did put up some new sign faces.  There was no approval for any signage on the building at this point.  That was approved 7-0. 


Board of Zoning Appeals – Mr. Squires said we approved the construction of a fence in the front yard at 11705 Rose Lane.  This property borders Forest Avenue, a paper street, and Rose Avenue.  Staff recommended that he be allowed the variance on the rear yard because it’s only six feet four inches.  That was on a variance granted in 1990 to construct the home.   He was allowed to construct the fence in the front yard but cannot encroach within twelve and a half feet of the right-of-way.   The second item was an administrative appeal of a Planning Commission denial of a landscape and driveway plan at 12050 Princeton Pike (Staples).  After considerable testimony from a traffic engineer regarding safety issues, communications from a community planner and the submission of a Delhi plot, the Board of Zoning Appeals voted 6-1 in favor of accepting that on the condition that it wins approval of the professional staff of the City.


Mr. Galster asked how far does the fence on Rose Lane go into the front yard past the house?


Ms. Pollitt responded I believe it is eight to ten feet.  The gentleman has no yard at all.  He has a side yard on the paper street and he has a small child who needs an enclosed place to play.  There are other pieces of property that are irregularly shaped in the same neighborhood that have similar variances.


Mr. Galster said I know how tough it is on the BZA to make these decisions but based on a variance we granted that allowed them to build a house with only a six foot rear yard, us creating the variance somehow created the hardship because now he has a kid and doesn’t have enough room to play.  Having a fence in the front yard is one of my pet peeves.  Maybe it’s because there is another one that we allowed to have, but at the same time, if we don’t allow them to do it the first or second time, then maybe we don’t do it the third and fourth time.


Mr. Osborn said on Forest Avenue, we have consistently told property owners that have building lots that face Forest, that we would not object to the development and building of Forest Avenue but we wouldn’t do it at public expense.  If the majority of the property owners were to agree, we would build it and then assess back against the property owners.  At this point there has not been a consensus to build the street.


Board of Health – Ms. Pollitt stated Ms. Mitrione gave us an update on the public health infrastructure grant for 2006.  She demonstrated the MARCS radio that was purchased with the 2005 public health infrastructure grant.  That will allow her to be in touch with other health departments, police and fire departments in case of a disaster.  The mammogram van will be at the Community Center on July 21st.  Rita Hart from the Board of Health has been awarded the Florence Nightingale Award.  


Veteran’s Memorial Committee                                  -                       no report


O-K-I – Mr. Knox said the legislative council of OKI is very confident that there will be adequate money in the current transportation bill to start the studies to move toward replacing the Brent Spence Bridge.


Mayor’s Report – Mayor Webster yielded to Derrick Parham, who gave a presentation on sound walls.    Mr. Parham said both the ODOT survey and the local survey indicated that we would be getting sound walls.  I drove up I-75 towards Troy, Ohio where I had noticed a number of walls.  The walls I am showing you are Aslar walls.  They have a stone finish and cap above the column and the top of the wall.  The walls are the same ones that will be used in Forest Park.


Mayor Webster said it is possible that this project might not be completed until 2011. 


Mr. Knox asked are these walls a standardized height or can the height be varied?


Mr. Parham replied most of the walls in our area are sixteen feet high.  There are some areas such as near the Daysprings Church, on the right side where you will see a retaining wall.   The retaining wall will have to remain and they are talking about putting the sound wall on top of the retaining wall. 


Mrs. McNear asked would the retaining wall be able to hold the sixteen foot sound wall?


Mr. Parham said they would not put the entire sixteen feet on the wall.  The amount they put on the retaining wall would bring the wall to sixteen feet.


Mr. Danbury said if it won’t be built for six years why did they tear out all the trees right now?  It’s just wasting manpower and eliminating the natural barrier.


Mr. Parham said the clearing that has occurred over the last number of months has been for ODOT to go out and take borings so that they can begin to lay the foundation for the walls.  They say their goal is to begin construction in 2007 and complete in 2009.  However, that is not totally in their control.  There are four phases.  The first phase would be to construct the eastbound side and the second would be to construct the westbound side.  If the federal government decides this has to be stretched out, that’s how we get into 2011. 


Clerk of Council/Finance Director                              -           no report                                 

Administrator’s Report – Mr. Osborn reported we have an estimate  of $2,315,000 on the East Kemper Road Phase III project that stretches from Tri-County Parkway east to 200 feet east of Century Circle intersection.  .  For the last two years we have applied for Municipal Road Funding and LTIP funding for this project basically on the ratio of 50% LTIP, 20% Municipal Road Fund, and 30% local funding.  We were passed over in 2003 and 2004.  We were on the bubble in 2004 and I got the call this week that the money is now available.  It is limited to the LTIP funding which would be $1,157,500.  We will lose $463,000 of the Municipal Road Fund.  The positive aspect of this is that it is a multi-year project so the construction costs could spread over three years.  Even though we are only getting 50% funding on this project it is a critical project, particularly with the economic development of that major retail district we are pursuing.  We are advising the County Engineer’s office that we do accept their proposal to award the LTIP funding to Springdale.  The project should be out to bid in December.      


Mr. Osborn said the 2005 tax budget must be adopted by July 15th.  We’ll have to adopt the tax budget on June 15th. 


Mr. Osborn said the Kiwanis Club would like to present their scholarships at the July 20 meeting.


Mr. Danbury asked, Mr. Osborn, would you like to report on the status of fields 5 and 6?


Mr. Osborn stated fields 5 and 6 are owned by the school district and leased by the City.  That lease has expired and the school district has chosen to allow us to use the fields but has postponed the renegotiation of the lease until the construction phase is farther along.  There was a need for a detention basin on field 6.  We’ve worked that out with them and that design and layout has been approved by the City staff.  Last Thursday Greg Karle got a call from the project manager saying they have 90 tons of topsoil that they would like to store on the City-used property while construction is going on.   We will lose field 6 for most activities for the balance of this year and probably next year.  We believe that field 5 is protected enough that it will be open and available to us.  They have been very cooperative in working with us on issues.  We have a walk-a-thon coming up in a few weeks and they have already agreed that that they will make sure the gate is closed and the gravel swept off of the walkway. 


Mr. Vanover asked what kind of affect will the Water Works project have on the East Kemper Road project?


Mr. Osborn replied we have been coordinating with them for a couple of years.  This is about as good as we could hope for.  While the Water Works project Phase II will go all the way from Chesterdale to Tri-County Parkway, up Tri-County Parkway to SR 747, at least a third of that will be a part of a new construction zone.  That will be written into the specifications for this project but paid for by Water Works.


Law Director’s Report – Mr. Schneider introduced two volunteer interns, Hope Schmidt and Eric Stetzer, seniors of Summit Country Day.


Engineer’s Report                                                       -                       no report         




            Mayor Webster read a proclamation proclaiming this week Police Week.  Investigator Jim Grindle and Office Dave Ogen accepted the proclamation.


            Chief Laage said we host the Police Expo this weekend at Tri-County Mall.  We host the Code 3 run on Sunday.  I would like to thank the entire City family for your support.  In 2004, 153 officers lost their lives around the country.  Chief Laage said Dave Ogden has 22.5 years and will probably retire later this fall.  Jim Grindle is a fourteen year veteran of our department.  He has a total of 25 years in law enforcement.  He is our lead investigator.  He’s our go-to person.  We have letters and letters from other police chiefs who come to us at time as a result of Jim’s interviewing and interrogation skills.  .  I wanted to thank them for all they have done for the department. 


            Mrs. McNear said we all think about our careers and think boy, that’s a thankless job.  Being a police officer is a thankless job.  However, in our thankless jobs we don’t have to put our lives on the line.  I want to make a special thank you for all the excellence, hard work. 


            Mr. Danbury, Ms. Pollitt and Mr. Vanover expressed their gratitude.


            Mr. Osborn said we have an opportunity tonight to talk about the really hardest job in the world, being a police officer’s wife.  Sitting behind Chief Laage is Beth Laage.  She has been with the department as long as he has.  She has always taken an active role in support of the organization.  There are a number of spouses just like her who are supportive of their husbands and wives.  They have to make a lot of sacrifices too because of the schedules police officers work.


            COMMUNICATIONS FROM THE AUDIENCE                        -          none



Mr. Knox read a memo from Mr. Osborn to the elected officials and department directors:  “The City has received a public records request from the Tri-County Press for the names of all employees in Springdale, their position, title and total wages paid in 2004 as listed on W-2 forms.  The Law Director has confirmed that the material requested falls under the public records law and must be provided to the newspaper.  I sincerely regret this disclosure of our employees’ personal information, but as a public agency we have no choice other than to provide this information to the Tri-County Press.  Please advise all personnel that their 2004 City of Springdale income will likely appear in future editions of that publication.”




Public Hearing



Bob Bright, 677 Yorkhaven Road said the gentleman mentioned ordinance 22-2005 but then he also mentioned something about commercial vehicles that is listed in 26-2005.  I’d just like clarification about which you are talking about.


Mr. Osborn responded both ordinances deal with that topic.  Ordinance 22 is an amendment to the Zoning Code and regulates the parking of commercial vehicles on private property in a residential district.  The section evolved as 153.480 and it has always set control on that topic.  This is an amendment to further set out how commercial vehicles are regulated and limited for parking on private parking in residential districts.  Ordinance 26 deals with the parking of commercial vehicles on the public street in residential districts.  We are amending or adopting two different laws.


Mayor Webster said this ordinance goes into great length to clarify what a commercial vehicle is.  It says for the purpose of this section, commercial vehicle means a bus, cement truck, a box truck, box van, semi trailer or any other non-recreational trailer used for commercial purposes, stake bed truck, step van, tank truck, tar truck, dump truck, tow truck or wrecker.  We have gone out of our way to identify what we are considering commercial vehicles in this ordinance.


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


Ordinance 22-2005 passed with seven affirmative votes.


Public Hearing



Jeff Pearson, architect, Childress & Cunningham, gave a brief presentation on the project.  We’re here tonight asking approval from City Council.  We are anxious to proceed toward that final development. 


Mr. Danbury said I am concerned about the rear parking lot of the building.  Will the lighting encroach on the residents of Olde Gate?  I’m just concerned that when the people moved in there it was residential and I’m concerned that the light might be intrusive in their bedroom windows.


Mr. Pearson replied part of the development plan submittal requires a photometric analysis.   We are considering mounds in the back  and a dense line of evergreens.  That would provide screening.


Mr. Danbury asked do they typically have lights on all night or do they shut off at midnight?


Dr. Onady said the whole back of the lot has very mature trees.  They are staying there, plus we are putting ten foot evergreens on raised mounds.  If it was up to me we wouldn’t have any lights back there at all, but Planning Commission recommended lights.  I’d be happy with a couple of lights on the building.  Our office hours are not late.


Mr. Galster said all the light needs to be contained within the site.  There will be no spillover.  The fixtures will have shields so that there is no glare directly into any other property. 


Mr. Vanover said we angled the heads to feed into the parking area.


Mr. Danbury stated making the transition from residential to business is encroaching on the neighborhood but I think your answer is sufficient for me.


Dr. Miller said we are very excited about our project.  We have been dentists in Springdale for thirteen years.  This is a dream office for us.  We will have a very cutting edge office with the latest equipment.  It’s an office the City can be proud of.  We are putting in something that I think is a significant aesthetic improvement of what’s existing there now.   Even though we are putting in a big building it is being done nicely with quality material.


Mr. Galster said attached to the ordinance is Exhibit A that gives you an index of what I was hoping would be attached.  I’d like to make a note that all the receipt dates, descriptions and exhibits listed on this index are the last submittal received by Planning Commission.  They are in the office if anyone needs to see additional details.


Mr. Squires made a motion to adopt and Mr. Vanover seconded.


Mr. Galster said it’s probably a good idea to remove anything past the exhibit and then get the original documents. 


Mr. Schneider said the right documents are listed.  Just get them attached.


Ordinance 23-2005 passed with seven affirmative votes.




First reading.




Mr. Vanover made a motion to adopt and Ms. Pollitt seconded.


Resolution R5-2005 passed with seven affirmative votes.




Mr. Galster made a motion to read by title only and Mr. Danbury seconded.   The motion passed with seven affirmative votes.


Mr. Danbury made a motion to adopt and Mr. Vanover seconded.


Mr. Osborn said this is the second phase of the Springfield Pike streetscape that begins at Kemper Road and continues north to Glensprings Drive.   It will bring about the replacement of all street lights and traffic signals, additional pavers to highlight the sidewalk area, furniture, etc.  The overall project cost has been submitted by ODOT at $829,490.  They’re estimating their construction engineering costs to be $124,424 for a total project cost of $953,914.  Under the first phase we were the lead agency.  They have changed the policy and we are at the mercy of ODOT as to their bidding process, depositing of funds.    The City has to provide ODOT with our local share before the project will ever be accomplished.  This resolution is pledging our financial commitment to the project.   We are getting a grant from the Transportation Enhancement Program under the Federal Highway Administration grant process in the amount of $661,862.  That leaves a local funding responsibility of $292,052.00.  In 2004 I asked your consent to acquire the necessary light poles and traffic signal poles because we had a very good price on the material and we had worked out a deal with ODOT that that purchase would count as part of our local match.  We spent $217,000 on this project so our balance is $74,852 in cash that must be submitted to the State of Ohio.  Half of that money is associated with LED signal heads that we prefer to use that are not yet funded by ODOT.  The $74,852 will be put into escrow and the State will be able to draw against that escrow to cover the local cost.


Mayor Webster asked how much of the Glensprings intersection is involved in this?  Is the signal involved?


Mr. Osborn replied absolutely, the signal is involved.  That is one of the things we added to this project.  The original cost of the project was lower but there was still some margin up to the area where we had received authorization for funding but there was not enough to do the change out of the Glensprings Drive intersection traffic signal.  We were able to get the consent of ODOT and Federal Highway and OKI to add that intersection recognizing that there would be additional cost to the City.  It’s critical that we do that because that will be our front door.  We will do some paver work at the intersection.  It won’t be the major work that we have in mind for Phase III.


Resolution R6-2005 passed with seven affirmative votes.


Mr. Osborn said the Mayor asked me to give you an overview of the timing of this project.  It will probably go to construction this summer with a completion date of next September.  We expect all the work to be done by the spring of 2006.  ODOT wants a six month period to see that the planting gets established. 


Mr. Danbury said we talked about trying to get grants to get statues for Phase III or IV.  Is it too early to start going after that?


Mr. Osborn replied no, I don’t think so.  We have some funding in the budget to start looking at Phase III.  The idea is to try to regroup having done phases I and II.  We’ve put some things off and pulled some things in.  The original concept presented a few years ago with the three phases has been altered somewhat.  We do want to start the Phase III part with street improvements and public art.  I think the public art portion of this is very critical.  This is our historic village center.  There are some things we can see out here done with public art that are spectacular.   We have Springfield Pike, which was the interstate highway of the pioneer period.  It has consistently been the heart of commerce on up into Ohio.  I think there is plenty of opportunity for us to pick topics that could be represented in public art.  The trick’s going to be finding the money to pay for it.


Mr. Danbury asked also is the exit ramp as you are coming off I-275 going eastbound going to be in the next phase.  When you come off going westbound it is very impressive to see the various welcome and organization signs.  I highly recommend we try to put that towards the top of our list for the next phase.


OLD BUSINESS                                                         -           no report


            NEW BUSINESS                                                        -           no report




            Planning Partnership Housing Forum                        -           May 20, 2005

            Board of Zoning Appeals                                             -           June 21, 2005


COMMUNICATIONS FROM THE AUDIENCE            -           none




Ordinance 26-2005




Resolution for Rita Hart

Resolution for Kay Divis        


Council adjourned at 8:52 p.m.


                                                                        Respectfully submitted,





                                                                        Edward  F. Knox

                                                                        Clerk of Council/Finance Director


Minutes Approved:


Kathy McNear, President of Council




__________________________, 2005