President of Council Kathy McNear called Council to order on August 20, 2003, 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, Wilson and McNear. Mr. Vanover was absent.

The minutes of July 16, 2003 were approved with six affirmative votes.


Mayor Webster introduced Cammie Mitrione and asked her to give a summary of what we’re working on right now.

Mrs. Mitrione said it’s my pleasure meeting all of you. I look forward to working with you in the future. The Mutual Aid Agreement is to become part of the Regional Emergency Response Plan that is currently being drafted by the Regional Response Coordinator with input from the Southwest Executive Steering Committee, which is made up of local health commissioners. The actual purpose of the Mutual Aid Agreement is that it’s set up ahead of time and allows for sharing of resources, such as employees and supplies between neighboring health jurisdictions in the event of an emergency situation.

The DPIC (Drug and Poison Information Center) draft agreement is also part of the Regional Emergency Response Plan. It was set up by the City of Cincinnati to utilize their Drug and Poison Information Center as a contact 24 hours/seven days a week for the health departments, physicians, hospitals and emergency treatment centers to call in their Class A-1 reportable diseases and other infectious diseases. This is to enable us to try to provide a more immediate response. It will be a minimal cost to each participating health department and we believe the cost will come out of our infrastructure grant money.

Mayor Webster said I asked her to give you a summary because that is a topic we have discussed, the Emergency Preparedness Plan of the City. I think once this is wrapped up it will be an integral part of that. Cammie, welcome to the City’s employment. She’s no stranger to the City, to the businesses and to the challenges that we face in the Health Department. We think she’s going to do a great job for us.


Area #1 – Beacon and Oxford Hill

Kenn Road(north of I-275)

1st Place 677 Coxbury Circle White Family

2nd Place 667 Cedarhill Drive Martha Elder

3rd Place 12031 Kenn Road Enriquez Family

HM 686 Yorkhaven Road Gilmore Family

HM 12025 Bridgeport Lane Ahner Family

HM 12045 Bridgeport Lane Marcum Family

HM 12041 Chardon Lane Bailey Family

HM 12030 Chardon Lane Ethel Robinson/David De Armond

HM 12090 Elkridge Drive De Jesus Family

Area #2 – Springdale Lake Dr., Ray Norris Dr., Glensprings Area (including the five cul-de-sacs)

1st Place 737 Glensprings Drive Sinks Family

2nd Place 11850 Fairsprings Court Judy Compton

3rd Place 11809 Ashmore Court Bassett Family

HM 535 Ray Norrish Drive Brunswick Family

Area #3 – Cloverdale Areas, Smiley, Park, and Allen

West Kemper (west of Route 4)(north side)

Kenn Rd. (south of I-275), S.R. 4 (north of Kemper)

1st Place 496 Cloverdale Avenue Harold Burkholder

2nd Place 467 Cloverdale Avenue Reckner Family

3rd Place 483 Dimmick Avenue Edna Poynter

HM 11638 Kenn Road Grote Family

HM 695 Cloverdale Avenue Blankenship Family

HM 11628 Greenlawn Avenue Knorr Family

Area #4 – Observatory Area, Grandin Area, Baldwin Subdivision,

West Kemper (south side)

1st Place and winner of the Fay Marion Howard Award

563 Lafayette Avenue Otis and Pamela Poindexter

2nd Place 562 Lafayette Avenue Clark Family

3rd Place 518 Lafayette Avenue Daniel Mastrullo

HM 519 Lafayette Avenue Kathryn Crockett

HM 557 Observatory Drive Hoskins Family

HM 577 Observatory Drive Foster Family

HM 388 Glensharon Road Ertel Family

HM 11574 Madison Avenue Cora Damron

Area #5 – Glenview Subdivision, Cameron Road Area

West Sharon Rd., Olde Gate

1st Place 10901 Fallstone Court Davis Family

2nd Place 10960 Fallstone Court Moore Family

3rd Place 486 Vista Glen Swope Family

HM 489 Vista Glen Wolff Family

HM 486 Rockcrest Drive Rhodes Family

HM 457 Rockcrest Drive Hammel Family

HM 263 Centerbury Court Tholt Family

Area #6 – Springdale Terrace Subdivision, Royal Oaks Subdivision

West Kemper, (east of Route 4)

1st Place 203 Harter Avenue Shteiwi Family

2nd Place 11700 Lawnview Avenue Butrum Family

3rd Place 163 Ruskin Drive McDonald Family

HM 123 Silverwood Circle Hannon Family

HM 11825 Lawnview Avenue Rachel Bourne

HM 11704 Van Camp Lane Carr Family

HM 11671 Van Camp Lane Cameron Bourne

HM 11718 Lawnview Avenue Reda Connor

Area #7 - Heritage Hill Subdivision, East Crescentville Rd.

1st Place 865 Tivioli Lane Ralph Paul

2nd Place 979 Pilgrim Place Stover Family

3rd Place 12041 Mallett Drive Stockstill Family

HM 922 Castro Lane Janzen Family

HM 877 Tivoli Lane Farmer Family

HM 11989 Tavel Court Klemas & McKinney Family

HM 815 Ledro Street Dixon Family

HM 1254 Wainwright Drive Birkofer Family


403 Vista Glen Ketring Family



Bahama Breeze Mike’s Express Carwash Karlo’s Bistro Italia

325 North Commerce Way 1190 W. Kemper Road 275 Pictoria Drive

Honorable Mention

Princeton Hill Maple Knoll Village Dave & Busters

30 Merchant Street 11100 Springfield Pike 11775 Commons Dr.

(Managed by Collieres)


Civil Service Commission – Mr. Strange reported the certification list is beginning to be outdated so they are going to be looking at creating a new list for patrol officer and firefighter. We also talked at some ways of web-based testing because it is quite expensive to bring in the agency from outside. We’re also looking at a local agency to do the testing as well. An offer was made pending a background investigation for patrol officer. We’re also looking at updating our Civil Service rules in terms of physical fitness requirements that the State has put into place. We are also looking at our rules in general relative to an overall Code of Conduct for all employees who fall under Civil Service rules. We received a few updates from the City and we did submit our annual report for the year to the State. Al Winkle has passed his one-year probation period.

Rules and Laws - no report

Public Relations - no report

Public Health, Safety & Welfare - no report

Public Works – Mr. Wilson stated the SR 4 ODOT resurfacing project from Cameron Road to Glensprings is complete. The East Crescentville Road repair and resurfacing from SR 747 to Chesterdale pavement planning and full-depth repair has been completed. The application of the multi-seal system should take place within the next three weeks. The final asphalt surface will be applied shortly after that and all work should be completed by the end of September.

Public Utilities - no report

Capital Improvements – Mr. Danbury said work is still being done on Old Commons Drive. The stone wall at the Sharon Road intersection has been competed and the fire hydrant has been relocated. All we have to do now is move two utility poles on the east side. We still anticipate bidding the SR 747 grade separation in the fall. The Beaver Run Creek construction will be starting in a week and a half and be completed in November. Construction is complete on the West Sharon Road bike path.

Finance Committee - no report

Planning Commission – Mr. Galster said we had the approval of a color palate and landscaping for Dunkin Donuts. The applicant asked that it be tabled and it was tabled 6-0. Concept review of the condominium project proposed for 309 West Kemper Road was removed from the agenda because there was no representation. The Alexander Patterson Group requested approval of a 50 square foot sign to be placed on the south side of the building at 12075 Northwest Boulevard. This was approved 6-0. We had concept discussion for a proposed redevelopment of Kentucky Fried Chicken and adding a drive-thru. They are redoing about 40 restaurants and with the exception of some parking issues it got pretty positive comments. The next item was to allow an extension of the banner at Bahama Breeze. They will be open for lunch starting August 26 and that was approved 6-0. Provident Bank requested approval of an exterior color change at 494 East Kemper Road. This is a new corporate image and that was approved 6-0. The last item we had was the extension of a banner at Sam Ash. That was approved 6-0.

Board of Zoning Appeals - Mr. Squires said the first item was consideration of approval for an above ground pool that had to be five feet from the property line. There are several trees on this lot that would interfere with the swimming pool being placed the required fifteen feet from the property line. Those conditions allowed us to okay this variance by 7-0. The Tri-County Promenade had a dumpster that was out of variance but it is now in compliance with the Zoning Code. Therefore, we denied the request. A resident requested a variance for a fence at the corner of Observatory and Lafayette. His unique situation allowed us to give the variance at that address. It will be a three foot high fence. That was approved 6-1. The second request was for a utility shed less than five feet from the property line. There is a fence on the property so we suggested the resident have the property surveyed and see if he can’t be in compliance. He will come back before the board in September. We approved a variance for a garage conversion at 1031 Ledro Street. The last item was a variance request to remodel a basement at 11476 Walnut. This basement included a bath and a half, a bedroom and a kitchen. The proposed improvements would make the building a two family residence. This was tabled until September.

Board of Health - no report

Veteran’s Memorial Committee – Mr. Wilson reported that the tee-shirt sales are going well. We’ve been at most functions at the Community Center. We will have a few items left. Steve Galster was interviewed for TV by the Executive Director of the Springdale Chamber of Commerce. The Springdale Chamber of Commerce presents a luncheon with Andy Furman, WLW radio Sports Talk host on Monday, September 22. Part of the proceeds goes to the Springdale Memorial Fund.

Mayor Webster said one common question I keep getting asked is will I have the opportunity to buy a brick or paver.

Mr. Wilson replied that will be further down the road. Individuals will be able to buy pavers to honor a loved one who served. We have not established the specific criteria or cost yet.

Mr. Galster stated we look forward to offering the bricks and pavers. One opportunity would be to honor veterans and those would be mounted on the wall. You could also purchase a paver as a supporter. We don’t envision this as part of the fund raising project. We want to have that as a way for the community to get involved so they will be sold at cost plus installation.

Mr. Danbury asked what is the time frame for the memorial?

Mr. Wilson responded that will depend on the fundraising. It will be probably 2004 or 2005.

Mr. Galster said the project has a construction cost of $860,000 that is all privately funded. There is no City money involved there although the City did donate the land where it will be built. The fundraising is just getting underway. We did get some very generous donations from some businesses that allowed us to cover the upstart money we needed to cover the cost of the tee-shirts, brochures, etc. I think if the fundraising is an 18-24 month period I’ll be extremely happy.

O-K-I – Mr. Knox said many things were discussed at the August 14th meeting. Commissioner Dowlin brought up that we were talking an awful lot about improving transportation in Hamilton County but we haven’t done a lot. His suggestion was that we attempt to take the trucks off of I-75. We are looking for suggestions from people so please contact me or the OKI staff if you have any good suggestions.

Mayor’s Report – Mayor Webster said we had a meeting with Cinergy on August 8th. The topic was the constant outages we seem to be having along Ray Norrish Drive, Springdale Lake Drive, Peak Drive, Mallard Lake and Crossings area. The cable has been replaced in the Crossings and the majority of Mallard Lakes. Springdale Lake Drive and Peak Drive are scheduled to be done in 2004. We let them know that we would like to see that moved up. They are trying to move Springdale Lake Drive up to the fall of this year and Peak Drive shortly thereafter, then pick up the other side streets and Mallard Lake next year if necessary. We should hear in the next two weeks whether they will do that or not. We have had several outages over the last year.

Mayor Webster also said Cinergy is going to make the cross-over in Mallard Lakes and Crossings. They have the cable in place and now they need to make it live. They are doing that tomorrow so the power will be out tomorrow. Hopefully it won’t be prolonged but the system will be up and down tomorrow.

Mrs. McNear said the power has been out every two to three weeks for the past year. It’s a significant amount of outages, sometimes up to nine hours at a stretch, sometimes it’s down two to three times in a day. We did meet with Cinergy and said this is more than anyone should have to endure. They said they would move it up. We need to get it fixed. We can’t keep fixing it piecemeal every time one little stone pierces it.

Mayor Webster said two meetings ago I brought a picture in here called the Circle of Life. The sad part of it is that Springdale’s oldest resident, Mr. Elmer Huber, passed away a week ago last Thursday. My sympathies go out to Mr. Huber’s daughters.

Clerk of Council/Finance Director – Mr. Knox said the Budget Act passed by the Ohio Legislature has several things that do impact us. The gas taxes have gone up but some of that will come back to us. In order to help businesses they took the date that businesses have to file and said it has to be April 15th. We and other cities had it at April 30th. They raised the limit for competitive bids from $15,000 to $25,000. They froze the Local Government Funds. They will be the same through 2004 and 2005. If you remember, they lowered what we are getting in 2003 so there will be a slight bite into our budget. They did put to rest the idea of the State collecting municipal taxes.

Mr. Knox stated we have received our audit from Trimble, Julian, Inc. and I will quote from them: "In our opinion the General Purpose Financial Statement is presented fairly in all material respects and the finance position of the City and the results of the operation and cash flows of its proprietary fund type for the year ending December 31, 2002 are in conformity with the accounting principals generally accepted." They did come up with four recommendations. Recommendations are the lowest possible level you can get. Two are that we put certain policies into writing which are being done right now. The third item had to do with the implementation of Gadsby 34, which is an accounting thing. All the infrastructure in the City must be accounted for. Mr. Williams has been working on that for two years. The final thing is that we should consider going from paper records to electronic records. We have been working on that also. We are very happy with the auditor’s report.

Administrator’s Report – Mr. Osborn said on Monday we will have a bid opening on improvements to Cloverdale from Springfield Pike to Greenlawn Avenue. Last year we applied for funding for the reconstruction of the eastern part of the Springdale Park Subdivision. Unfortunately, we only received about one-fourth of the funds we applied for. Since we have to spend the money this year we are implementing the project that will bring about the total reconstruction of Cloverdale. We have a proposal later in the agenda for how we may accomplish the improvement of the balance of that subdivision.

Mr. Osborn reported I had the opportunity to attend the Municipal League Meeting last Wednesday evening. I’m happy to report that the Hamilton County Municipal League elected Mayor Webster the new treasurer of that organization so we will have a direct line into the Municipal League from this point forward.

Law Director’s Report - no report

Engineer’s Report - no report



Mr. Reid Forgrave said I’d like to introduce myself to Council. I just moved here and I will be covering Springdale as well as many other communities on the west side for the Cincinnati Enquirer. If you have any stories, concerns, interesting people, etc., feel free to give me a call.

Public Hearing


Mr. Derrick Howard, D H Architects gave a slide presentation on the proposed project. Mr. Howard said we have with us an owner’s representation, Ed Patch with CMHA, and Troy Stephens from our office.

Mrs. McNear asked how close it to the nearest residential home?

Mr. Howard replied the closest residential property is at the southwest corner and it is about 30 to 40 feet away.

Mr. Knox asked will the residents have access to Cameron Park?

Mr. Howard replied I don’t believe that property is adjacent to our property.

Mr. Osborn said we have been working with CMHA on this property for about eighteen months. The property along Springfield Pike had previously been identified as an area that was blighted. Our Springdale Pike Corridor Plan had called for the eventual redevelopment of that site. CMHA came to the City indicating that they wanted to bring some subsidized senior housing into the community. Because of the proximity of Maple Knoll in this area, we suggested that this would be an appropriate location. Many people may not already know that the Meadows is a subsidized housing facility operated by Maple Knoll. We believe that CMHA has made a real commitment here to this community to build a quality project. They have indicated that when this project does come on line, Springdale residents will be given a head start for signing up for the units. We think this is a positive project for the community and will benefit some of our own residents immediately upon its start-up.

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

Ms. Pollitt asked what is the timeframe for construction?

Mr. Howard answered the construction is scheduled to begin early next year.

Ordinance 26-2003 passed with six affirmative votes.

Public Hearing


Glen Shepherd, President of Shepherd Industries, said my company has applied for the zoning change as well as preliminary plan approval. We intend to develop a seniors’ project in conjunction with GE Park

Mr. Danbury said as a developer I’m sure you have considered that that is almost right on top of a railroad.

Mr. Shepherd responded there are improvements that are going to be made in that area. There will an overpass and the layout of the facility will be in such a way that it would be the least offensive to the dwellings.

Mr. Wilson asked are there going to be small shops or restaurants there?

Mr. Shepherd we envision this as specialty type shops. We are not looking at fast food restaurants.

Mr. Osborn said the housing is intended to be senior housing. Are there any requirements built into the financing or into any other standards that go into the design of this that this housing will remain senior housing? What guarantee does the City have that that will remain senior housing?

Mr. Shepherd replied our requirement would be under the Fair Housing Act. Eighty percent of the residents have to be 55 or older. Our financing will be conventional financing.

Mr. Osborn said my major concern is the permanency of senior housing. I would hope that that is part of the Planned Unit Develop approved by City Council.

Ms. Pollitt asked will this be a gated community?

Mr. Shepherd responded there are no plans for gates. There are two entrances.

Mr. Wilson asked are there any controls to have the property be sales only and not be turned into rental property?

Mr. Shepherd said what we did at Northbend Crossing was to put in the purchase contract the right for our re-purchase of the unit if someone were to sell the property. We wouldn’t have any problems putting that into the document. Keep in mind though that we have different types of programs and would like to be able to keep that option available.

Mayor Webster asked can you elaborate on the retail a little more? Is this going to be a single-story, upscale strip center?

Mr. Shepherd answered we expect this to blend architecturally with everything we are doing here, which is going to be a European look.

Mayor Webster asked how many parking spaces do you have?

Mr. Galster said there was a little bit of concern that we might have a little too much parking at one of those two buildings but we’re still working it out.

Mr. Shepherd said part of the reason for this project is that the usage of the park has declined and the park needed to generate some revenue. The choices were to sell the entire park or to try some kind of compromise that would allow them to retain as much of the park as possible and still generate revenue for the park.

Mr. Galster stated it was important to Planning Commission that we incorporate the whole property into the PUD. We didn’t want to have the park sitting out there with multiple zonings. We wanted to incorporate the golf course into the PUD to make sure that we had a little bit more control and there would be processes that would have to happen in order to change that. We’ve gotten assurances and comments from the people at GEEAA that are going to say that they anticipate this golf course staying for the next fifty years. We understand that things can change but we wanted that to be a part of it. One of the biggest concerns in addition to the golf course setting was the flow of traffic internal to the site. In the Crescentville Road entrance when you first come in you can split off to the right if you are going to the retail area; to the left if you are going golfing or into the residential area. The applicant would like to signalize the entrance at Princeton Pike but Planning Commission has pretty much said that is not of interest to the City or Planning. There may be some restrictions as to right in, right out. We wanted to make sure that when they completed Phase I of this project that other improvements such as the ball fields, walking paths, etc. had a time line that had to be met as well. This gentleman is developing a part of the site but GEEAA still owns the complete project.

Mr. Danbury said we have two ordinances before us tonight. This one is for rezoning. It’s always been the intention of the City to keep that as the green space that it is but economic factors have dictated that they use it another way. I think it will be a good usage. The next ordinance is to approve the plan.

Mr. David Strange asked was there any thought of making the golf course a full course. I’m sure they can generate a lot of revenue by making it a full eighteen-hole course.

Mr. Danbury responded I believe if the GE Employee Association felt they could make that a vibrant piece of property by making it full course, they would do it.

Mr. Gene Neff, Director of GE Employee Activities, said we have done what we can. The reduction in force at GE and trying to make ends meet has been very difficult. We’d like to keep it at 140 acres but we just can’t do it. To convert that to an eighteen hole golf course is not financially feasible. Our board has decided that this is the way to go.

Tom Wahl, Board President, said we have been there over fifty years. It was initially sponsored by GEAE. There has been a significant downsizing at GE and we have lost 75 % of our membership over the past fifteen years. The intent of the association from day one was to have an area that GE employees could say they were proud to be part of. When we looked at this project we had to make some hard decisions. We felt if we could continue to have all the activities that we have had all these years, but scale them to the level of participation we now have in the various sports. We felt that was the right decision for GE and for the City of Springdale. There are forty acres zoned retail. If we just developed the retail area that would bring the most amount of money per acre into the association, but that also would have a tremendous impact on the area where all the trees are.

Mary Willenbrink, 874 Ledro Street, said it’s always been a pride of mine to have my back yard go up to the golf course. When you talk about re-zoning, will you be re-zoning the golf course, and what would that zoning be?

Mr. Galster stated right now we have a lot of different zoning on the property. The golf course in general is multi-family, residential zoning. There is retail, general business, office space. The reason we went to a Planned Unit Development is that this is the plan they are presenting to us to adopt. If anything would change, they would have to submit an application to modify this plan. If Planning Commission thought it was a major change it would have to come back to Council for that approval, then back to Planning Commission.

Ms. Willenbrink asked if that should come up, can we look at having a buffer in there. Crescentville and SR 747 can get very busy. Are we looking at adding another lane? Are we looking at that aspect of the retail area being put here? That will completely change the dynamics of our neighborhood, and getting to and from that residential area.

Mr. Galster said if there was anything that would change the use of the golf course to where there would be structures on the golf course, Planning Commission would be looking for sure, for buffer zones to protect the residential area of Heritage Hill. There is modification work being proposed for Crescentville Road.

Ms. Willenbrink said when they are putting in the retail shops and the place for the retirement community, could you show me again where the entrances and exits will be?

Mr. Shepherd pointed to the entrances on the exhibit.

In response to Ms. Willenbrink, Mr. Galster said there is no consideration for a signal light at this point on Princeton Pike.

Ms. Willenbrink asked will there be a possibility of the residents being able to use that park area?

Mr. Neff responded the board approved an associate card which residents can purchase up to a certain limit. We have not met that limit so as of today you could do that.

Mr. Chet Sonderman said currently we have a heavy tax base. Once we re-zone what will happen to the tax base?

Mr. Osborn replied we don’t have control of that. We have worked with your organization in the past to try to convince the County to little benefit. When the re-zoning takes place, there won’t be any office zoning. What affect that will have on the appraised value, I don’t know.

Mr. Blandford said at one of the Planning Commission sessions wasn’t there a comment made that once we started to move forward with this, that perhaps the City could write some kind of letter to Hamilton County to verify the changes.

Mr. Galster said perhaps that was at a staff level meeting, but I don’t think the City would have a problem with sending to Hamilton County the plan that we are approving. In answer to the other gentleman’s question, I believe the City offered to buy the park for $1 and rent it back so there are other things that can be done.

Mayor Webster asked how many acres will be occupied by condos.

Mr. Shepherd replied 23 acres will have 108 condos; 10.5 acres for assisted living and 107.5 acres will be park.

Mayor Webster said that sounds like a lot of units for twenty-three acres.

Mr. Galster said the density is not that great for the garden homes. When you get into the multi-level homes, the density goes up quite a bit, but the trade off is keeping the 107 acres as green space. If you look at the whole PUD the density is very low. If you look at the one building it will get skewed.

Mr. Shvegzda said Phase I for the 23 acres would have a density of 10.8 units per acre.

Mrs. Willenbrink asked will you have some control over what kind of shops go in there?

Mr. Galster replied we are just approving a general concept plan so when it comes to the types of usages, we’ll have a final plan to adopt. Each time they have a new tenant they will come back and say this is what they are going to use that space for. We’ll make sure they have proper parking and that all other issues are met before it would be approved.

Mrs. Willenbrink asked what is the time frame for the project?

Mr. Shepherd answered we’re looking at four years.

Mrs. Willenbrink said by Ledro and Castro there is a little half street. Is there ever a possibility they would a connect a street from that property into our neighborhood?

Mr. Osborn replied that would have to be with the consent of the City and I don’t think that’s something we would want to have happen. To answer your question before about the types of businesses that could be in there, there were some limitations put on the uses at Planning Commission. There would be no automotive uses, gas stations, car washes and no drive-thru restaurants.

Mr. Danbury made a motion to adopt.

Mr. Osborn said I would request that Council consider a requirement of their consideration this evening that the covenants of the project reflect the fact that the housing to be built on those 23 acres is restricted to senior housing.

Mr. Danbury withdrew his motion.

Mr. Galster made a motion to adopt Ordinance 27-2003 for the re-zoning to a PUD. Mr. Squires seconded.

Mayor Webster asked can we do anything to assure that these units are independently owned?

Mr. Schneider replied no.

Mr. Shepherd stated we have no intention to turn this into rental property. If there is a program available that might allow us to rent instead of sell, it might help someone. This is senior housing. There is no problem at North Bend Crossings. If someone decides to resell the property we would have the right to repurchase that unit. It would not be an obligation, just a right to repurchase.

Mr. Knox asked are there any plans for a condominium owners’ association or is your group going to hold ownership?

Mr. Shepherd replied there would have to be an association managed by the homeowners.

Mr. Glaster asked if my parents buy one of these, then pass away and I take it over. Could I move in there with my five little kids if I wanted to.

Mr. Shepherd said it’s in our contract under the fair housing act that you are allowed to discriminate by age. We require that 80% of the senior housing must be occupied by one or more persons over the age of 55.

Mr. Schneider stated the only way it could be controlled is by contract, not by zoning regulations.

Ordinance 27-2003 passed with six affirmative votes.

Public Hearing


Mr. Galster made a motion to accept Ordinance 28-2003 with the following additional condition. In addition to the Planning Commission’s approval and incorporation of their recommendations and staff comments that the additional requirement be stipulated that the development is for senior housing and traditional market housing will not be permitted as part of this project. Mr. Wilson seconded.

The motion passed with six affirmative votes.

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

Ordinance 28-2003 passed with six affirmative votes.

Council recessed at 9:20 p.m. and resumed at 9:25 p.m.


First reading.

Mayor Webster said this is not unlike the policy we have in place for our residents. If they want to join the Community Center they have to be in good standing with our Tax Department before they can buy a membership so I don’t think we’re imposing an undue hardship on a business that wants to make changes to its facility or an individual who wants to do something to his home by requiring them to be in good standing with the Tax Department.

Mr. Knox stated currently there are only three businesses that fall into this area right now. It’s people who are continually riding the City. The Tax Department provides this list to the Building Department so they don’t have to search for it.


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

Mr. Osborn said as we were working on the Springfield Pike streetscape plan a few years ago, we had in mind doing some sort of major landscape feature at the intersection of Springfield Pike and Kemper Road on the northeast corner where UDF currently occupies. When they went through their planning process for redeveloping that corner, we were able to work with them to acquire an easement that is roughly 54 feet along the radius of the northeast corner that penetrates about 42 feet in a pie shape back onto the UDF property. The initial concept has a circular paved area there with a major planting area in the center. In the discussion we put forward two proposals to UDF, one being a fountain, the other being a Verdin street clock. After they discussed it with their corporate office they decided they did not want a fountain so we have agreed that if we put something in the middle of that streetscape easement, we will be looking at a Verdin clock. This easement is at no cost to the City.

Mr. Galster asked is all the rest of the streetscape that is shown on Exhibit D being paid for by UDF or the City.

Mr. Osborn replied the City is doing that. We will have control of the easement and we will construct and maintain the landscape improvements. I think that’s significant because we are occupying a major corner there. I think UDF has made a concession to us by giving up what was an ideal location for a sign. In my legislation packet I do mention that we do not currently have funding in place for this improvement, but hopefully we will work that into Phase II. The City also has an easement much smaller than this that it will be receiving from CVS when it develops on that other corner. We already have a bench and waste receptacle in place. There will be a paver area extended back into that corner and the bench will be moved back.

Ordinance 35-2003 passed with six affirmative votes.


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

Mr. Osborn said the ordinances we are revising previously established authorized spending on this VAP at $87,000. The initial $50,000 came in September 2001 with the first ordinance. We added another $37,000 in November of last year. With the most recent billing from BHE for the VAP we are now $52,223 beyond that authorization. The no further action letter by BHE, our consultant, was filed with the Ohio EPA in February. After that filing there have been several rounds of review and revisions. We had to implement some additional test wells and the consultant had to do additional flow modeling and other review and material submission for EPA. As a result the toll has continued to run on that. We are before you this evening requesting an additional $60,000. That leaves us with $7,000. If it goes beyond that $7,000 we will be able to handle it on the basis of a purchase order. Beyond that money that I just mentioned for the VAP, I want to give you a further report on what this project has cost us. Prior to the VAP we expended another $42,902 with BHE in the run up to the point where we got to the VAP. Overall to date, we have spent $325,000 on environmental costs related to this site. BHE is the biggest portion at $182,126. We had another environmental consultant working for us prior to that. We spent $11,400 in 1998 with that firm. We have spent $62,700 with our Law Director’s office and $68,571 with Frost, Brown, Todd, our environmental lawyers making the total $324,854. This money is recoverable in our opinion and we do have litigation presently active in court where we are attempting to recover these costs. The fact is that there is no way to make this property marketable without obtaining an approved VAP, so we’ve had no other recourse but to follow the VAP to the end.

Ordinance 36-2003 passed with six affirmative votes.


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

Mr. Osborn said there are two projects we would like to propose for consideration for funding under LTIP or OPWC. The first is Phase III of the East Kemper Road project. Originally Phase III would have finished that overall project off but when we started looking at the price tag for Phase III, which includes the railroad bridge, it came in at just over $2.2 million. Under any scenario, even with the City taking a 40% share, we would still be asking the State and County for large chunks of money, which would make us less competitive in getting funding. So we have asked the Engineer’s Office to break that project down into III-A and III-B. We have a meeting Friday to work out the final details. We plan to apply with the first half of Phase III with this coming round. The City’s share in the past has been at the 40% level. We want to take it to 20% or 30% to make that more competitive.

Mr. Osborn stated the second item is the Springdale Park Subdivision. We had applied last year for funding through the Community Development Block Grant Program for that part of the Springdale Park Subdivision east of Greenlawn. We were only successful in getting $100,000 so we’re building this first stretch of Cloverdale as a result. We would like to look at completing that entire subdivision with the exception of Allen, which was reconstructed ten years ago and that part of Cloverdale that we are building this year. The price tag for that portion is $930,000. Another project we would like to consider rolling into this is Lawnview Avenue. When we did the Royal Oaks and Terrace Subdivisions two years ago we left Lawnview Avenue off primarily as a budgetary consideration. The cost estimate for that road from Springfield Pike to Kemper Road is $395,000. We may be able to salvage some of the western portion of this road but I left the full portion in there for purposes of this exercise. When we combine those two costs the projects would total $1,325,000. We have an opportunity to do this project with a program under OPWC that would offer the City zero interest for five years. Our thinking is that these streets will have to be constructed in the next five years or they will really be deteriorated. If we can build them all at one time and derive something from the economy of scale and do them at 2004 costs, and pay zero interest over five years, I think the City will be well ahead. Even though we will be paying down principal payments each year on this loan, we would otherwise be spending the money to build the project in future years as we had money come available to us. Under the terms of this agreement we would execute a promissory note with the Ohio Public Works Commission. We would then have a loan amount approved and engage in the project. They would pay for the draws that occur on the project, just like they do now on an LTIP project. Once we complete the project we would have the loan amount locked in. We would then have that loan amortized out over five years with zero interest. It’s an opportunity to address some streets that are in bad need of repair, take advantage of a State program here and in the long term come out financially ahead. We would be paying higher costs if we do this incrementally over time. I don’t think we have enough information for you this evening to suggest that you make a decision on the details of the loan program tonight. We did want the resolution for the other program. We will come back to you with more information before we submit the application for the loan; but because they fall under the same program we are asking for general approval tonight through the resolution.

Mr. Galster asked do we have to assign a priority to these?

Mr. Osborn answered they will compete separately. They are actually two different types of programs managed by the same organization. I don’t think that our loan application will necessarily reduce the potential for our acquiring a funding grant for Phase III.

Mr. Shvegzda stated normally if they were under the same program they would have to be ranked. This is a little different and we’ll have to get clarification.

Mr. Osborn said there is a lot less competition for loans than there is for grants.

Mayor Webster stated I don’t think there will be any prioritization with the loan. We’ve pretty much been told to name how much we want and we’ll be able to get it. It only makes sense to take 2004 dollars and build something you have to build anyway. The streets are going to continue to deteriorate. Not only will inflation drive the cost up but more work will have to be done on those same streets. Mr. Osborn, I did not hear you mention that portion of Rose Lane. Is that included in the cost?

Mr. Osborn replied no, I did not include that.

Mayor Webster said we have one section of Rose Lane that we would like to roll into this. If we look at what’s happened in Heritage Hill, the Oaks and the Terrace, how beautiful those streets are and what it does for the property values. I think we owe it to Springdale Parks to do it there.

Mr. Danbury said I would think we would get better bids with the scope of this project.

Mr. Wilson said we have identified these streets as the worst in the City that need the most attention. Are there other streets that will follow in the next 12-18 months?

Mr. Osborn responded the other half of this subdivision that is south of Kemper Road is also deteriorating but I would say these streets are the worst.

Mr. Galster said I assume we are doing full curb replacements like we have on the previous reconstructions.

Mr. Osborn said the process may be a little different than we have done in other areas. In this case, because we have no sidewalks, we will be able to raise the curb elevation. In order to keep the driveways at their current levels we’ll depress the driveway entrances. We won’t have to plane off the old asphalt as much. We’ll fill in behind the curb with top soil. We will end up with new curbs and gutters; repaired street sub-base and a new wearing surface.

Resolution R13-2003 passed with six affirmative votes.


Mrs. McNear said Mayor Webster, you mentioned that the power is going to be out tomorrow for repairs. I didn’t get any notification in the mail tonight from Cinergy. Is this not something we can enact when we know there’s going to be a planned outage?

Mayor Webster replied we just a phone call today.

Mr. Osborn said they indicated in the voice mail they left that they would be going door-to-door.

Mr. Knox reported I have a position as Treasurer of the Northern Cincinnati and Convention Bureau and it’s my pleasure to announce that the County Commissioners today authorized $250,000 to be paid to the Bureau. We will start next Tuesday trying to help the local hotels and motels with that money.


Mrs. McNear said we have a liquor license transfer from National Amusements.

Mr. Knox stated that they will be having a bistro inside Show Case Cinemas and will be serving alcoholic beverages.

Mr. Osborn said their overall plan is to turn this into Theater Deluxe. They will take three of their theaters, rip out the carpeting and seating and put in more plush furnishings. Those theaters will be by reservation only. They will have waiters taking orders. I think they are pretty spectacular plans. When I talked to the owner he told me that Springdale Cinemas is one of the top five in the country.

There were no objections.

Mrs. McNear said we also have one for RWJ Companies. There were no objections.




Ordinance 34 - Sep 3, 2003


Bid opening - Sep 3. 2003

Council adjourned at 10:10 p.m.

Respectfully submitted,




Edward F. Knox

Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council



__________________________, 2003