President of Council Kathy McNear called Council to order on August 21, 2002, 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, and McNear. Mr. Wilson was absent.

The minutes of July 17, 2002 were approved with six affirmative votes.

Mayor Webster said I was talking with the City Administrator and he had casually mentioned that he had received this award from the City Managers Association. Cecil is a very unassuming person. A few weeks ago he came back from vacation and had a letter on his desk from the State of Ohio saying we were short $1,200,000 on the grade separation. Two years ago they told us we needed $4 million. Cecil found most of the $4 million. Now we need $1.2 million. We decided we would just tell the State that we donít have $1.2 million, donít build the road. Mr. Osborn, being resourceful as he is, convened OKI, State of Ohio and anybody who would listen to him, and by last Friday he had secured another $1.2 million in financing. Thatís an example of the type of performance we get out of Mr. Osborn day in and day out. I was very pleased to hear that someone else had recognized his virtues and had recommended him for this award. Upon further questioning I found out that Tom Moeller from Madeira made the nomination, and Tom very graciously agreed to join us tonight and represent this award to Mr. Osborn.

Tom Moeller said Iím not surprised that you are not the only ones to recognize Cecilís unassuming character. That is one of the reasons he is well respected among the other city managers and public administrators in this area. This award is granted annually. Cecil was nominated for the Career Achievement Award for Small Organizations. The City Manager from Montgomery, Cheryl Hilbert, the past president of ASPA Cincinnati Chapter was unable to make it this evening so I asked to pitch hit.

Mr. Moeller read his nominating letter. "Dear Bob, It gives me great pleasure to submit the name of Cecil Osborn for the 2002 Public Administrator of the Year Career Achievement Award. Cecil has an outstanding career in public management. After serving as the Assistant to the City Manager in Wyoming, Ohio from March 1973 to July 1974, he was appointed as the City Administrator of Springdale, Ohio, where he has served ever since. Springdale has seen extraordinary development in progress under Cecilís management and leadership. Over the past 27+ years the City has flourished becoming one of the most respected local governments in Southwestern Ohio. Cecil has guided a tremendous economic development effort that has allowed the City to provide unparalleled city services to its residents and businesses. In 1994 he was recognized by the Hamilton County Development Corporation as the Economic Development Advocate of the Year for his leadership in bringing high quality business and retail development to the community. He has been an advocate in minority employment, initiating a program for the Ohio City Management Association for hiring minority interns in local government. I would point to Cecilís recent management activities in Springdale as examples of his high quality administration. Most recently he has implemented one of the first performance based management programs of city services for jurisdictions of its size in our county. As well, Cecil has taken a leadership role with the development of the County-Wide Emergency Operations Plan to assist smaller, local jurisdictions in disaster planning. His plan is being used as a model throughout Hamilton County today. Cecil has also been very active in organizations outside of his community. He has chaired the Greater Cincinnati City Management Association in 1977 and the Ohio City Management Association where he was president from 1993 to 1994. He has served on a number of committees including the OKI I-75 Corridor Study (he is the co-chair), the Princeton School Districtís Strategic Planning Committee, Cincinnati Waterworks Strategic Planning Committee, Hamilton County Development Corporation Board of Trustees and the Hamilton County Public Communications Task Force. His involvement both inside Springdale as well as other outside organizations and agencies is a testament to his commitment and dedication to public service. Cecilís long tenure with Springdale in a profession that has traditionally been plagued with substantial turnover is further proof of his abilities and qualities as a premier public administrator.

Mr. Moeller said Cecil, it is a pleasure for me to re-present this award on behalf of the American Society of Public Administration.

Mr. Osborn said I truly appreciate this recognition, particularly because of its origin and how it came about. Tom Moeller has been a friend of mine for more than 25 years. Over the course of a career you get to know quality people and how they conduct themselves. Having Mr. Moeller nominate me for this award has special meaning. Also, Iíd have to say without the opportunities that the City of Springdale has given me, a lot of this would not have been possible. A great deal of these accolades really go back to the City of Springdale for its willingness to get involved on a regional basis. If we were to take a narrower view and just look internally to the City it would be to our detriment. The City of Springdale has chosen to be an open city that looks beyond its borders to help resolve regional issues and Iíve just been the tip of the spear for you all. I shouldnít forget my family. They have probably given more sacrifices to this career than I have. I really do appreciate the recognition. It means a lot to me.

Mrs. McNear said congratulations. The City knows what a gem you are and how much you put into the City. Itís nice to see that people outside the City recognize you for all your hard work.

Mr. Danbury said a lot of time people in the audience look at Administration, the Mayorís office or Council and compliment us on things that are happening in a positive manner in the City. Cecilís been here under five different mayors. The mayors and Council dictate policies but a lot of times itís the initiative of the Administrator or Assistant Administrator. Cecil has a hand in all the positive things we enjoy today by his own initiative or by directives from the Mayor. Iíve been here for thirteen years and itís been an absolute pleasure working with Mr. Osborn. I think heís one of the biggest reasons our quality of life is the way it is.

Landscaping Awards

Mayor Webster said Iím glad to see so many familiar faces in the audience. We changed the timing on the awards this year. We started in July primarily because of the timing of the Council meetings but it worked out well. The City really looked great again this year and the City really appreciates the efforts of all the beautiful landscaping that has taken place. I would be remiss not to acknowledge our own Springdale Garden Club with all the hard work they have done on our entryway signs and at the Community Center. Mayor Webster handed out the awards.

Area #1 Ė Beacon and Oxford Hills

Kenn Road(north of I-275)

1st Place 677 Coxbury Circle White Family

2nd Place 12041 Chardon Lane Bailey Family

3rd Place 12030 Chardon Lane Ethel Robinson

HM 850 Summerfield Lane Roberts Family

HM 12025 Bridgeport Lane Ahner Family

HM 667 Cedarhill Drive Elder Family

HM 12085 Greencastle Drive Sherry Family

Area #2 Ė 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 12050 Springdale Lake Drive Mpagi Family

HM 12065 Springdale Lake Drive Turner Family

HM 11809 Ashmore Court Bassett Family

Area #3 ĖCloverdale Area, 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 467 Cloverdale Avenue Reckner Family

2nd Place 496 Cloverdale Avenue Burkholder Family

3rd Place 570 Cloverdale Avenue Amyx Family

HM 495 Cloverdale Avenue Piening Family

HM 672 Cloverdale Avenue Skirvin Family

HM 695 Cloverdale Avenue Blankenship Family

HM 483 Dimmick Avenue Edna Poynter

HM 11628 Greenlawn Avenue Knorr Family

Area #4 - Observatory Area, Grandin Area, Baldwin Subdivision, West

West Kemper(south side)

1st Place and winner of the Fay Marion Howard Award Clark Family

562 Lafayette Avenue

2nd Place 563 Lafayette Avenue Otis& Pam Poindexter

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 11562 Rose Lane Tucker Family

HM 11574 Madison Avenue Cora Damron

Area #5 Ė 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 457 Rockcrest Drive Hammell Family

HM 489 Vista Glen Wolff Family

HM 486 Rockcrest Drive Rhodes Family

HM 486 Vista Glen Swope Family

Area #6 Ė Springdale Terrace Subdivision, Royal Oaks Subdivision

West Kemper, (east of Route 4)

1st Place 202 Diston Lane Sayegh Family

2nd Place 203 Harter Avenue Shteiwi Family

3rd Place 11700 Lawnview Avenue Burtrum Family

HM 103 Harter Avenue Guertin Family

HM 11825 Lawnview Avenue Rachel Bourne

HM 11823 Van Cleve Avenue William F. Buehler Jr.

HM 11718 Lawnview Avenue Reda Connor

Area #7 Ė Heritage Hill Subdivision, East Crescentville R.

1st Place 979 Pilgrim Place Stover Family

2nd Place 865 Tivoli Lane Ralph Paul

3rd Place 815 Ledro Street Dixon Family

HM 922 Castro Lane Janzen Family

HM 877 Tivoli Lane Farmer Family

HM 11989 Tavel Court Klemas&McKinney Fam

HM 972 Ledro Street Castro Family



403 Vista Glen Ketring Family



First Places

Bahama Breeze Chiliís Macroni Grill

325 North Commerce Way 855 East Kemper Rd. 925 E. Kemper Rd.

Honorable Mention

Don Pabloís Mikeís Car Wash Dave & Busterís Maple Knoll

705 Kemper Commons Cir. 1170 E. Kemper 11775 Commons Dr. 11100 Springfield Pike


Civil Service Commission Ė Mr. Strange said we welcomed their new appointee, Marcia Sherry. We also held elections. I am officially the chairman, Thomas Goins, vice-chair and Marcia as secretary. We also provided the City with several resources that do testing for firefighter and patrol officer promotional opportunities. We continue to look at our Civil Service Rules and update them as required, particularly where the language is concerned. Finally we responded to some correspondence from the City.

Rules and Laws - no report

Public Relations - no report

Public Health, Safety & Welfare - no report

Public Works Ė Mr. Vanover stated that all the concrete work has been completed in the 2002 street program. The pavement planning has been completed, manhole adjustments will occur this week, along with the placement of the stress absorbing membrane. The placement of the asphalt course will take place the following week. All work is expected to be completed by the end of the week.

Public Utilities - no report

Capital Improvements ĖMr. Danbury said the telephone relocation work is underway in the CSX grade separation project. We are still looking at a construction date of 2003 and 2004. The Springfield Pike Streetscape upgrade construction will begin the week after Labor Day. The bid opening was held on July 23 for the Kemper Road Phase II project. Construction will begin shortly, close down in November and resume next January to be completed by September 2003. The Sharon Road bike path construction will not begin before next year. The Sharon Road intersection improvement construction should begin the week of October 7 and be completed by the end of the year. The Elm Street improvement project preliminary plans are complete. Construction is on hold pending parking lot configuration.

Finance Committee Ė The Finance Committee recommended that we go with Seasongood and Mayer as the underwriter for the new fifteen year bonds that we are using to pay off the old notes. Finance is working a modification of the Tax Code in reference to the penalty structure.

Planning Commission Ė Mr. Galster said the August 13 meeting was continued until August 22 due to a lack of quorum.

Board of Zoning Appeals - Mr. Squires reported Mark Rust was awarded a variance to allow a 7í x 7í deck on the front of his house. Rick Fish, 455 West Kemper requested a variance for construction of a 30í x 40í garage. The variance was granted. Chris Shaver requested a variance for a room addition and four-car garage. We tried to reach some compromises but it wasnít there. Mr. Shaver withdrew the request. Eric Slater was requested a conditional permit to have a 12í x 3í swimming pool in a side yard. The variance is good for five years.

Board of Health - no report

Veteranís Memorial Committee - no report

O-K-I Ė Mr. Knox stated I attended the last meeting. There was a resolution by the Executive Committee to support the findings of SORTA, the people who have proposed a Ĺ% increase in the County sales tax. Mr. Ralph Greemy of Northern Kentucky pointed out that OKI cannot support or oppose any such thing. A second motion was made saying the Executive Committee agreed with the concept but then Mr. Greemy asked for another resolution to be passed saying that nobody in anyway at anytime can construe that OKI was supporting a tax increase or opposing a tax increase because by law that cannot be done. They have introduced the plan for expanding the bus and regional rail. I do not like the numbers they put forward. They put forward monstrous amounts of savings, $9.3 billion. I donít think those savings will stand up to inspections. I personally am going to support that and at the meeting in October I will vote in favor of supporting the concept because I think this area needs the light rail and bus routes that are proposed. It will run about $4 billion, $2 billion of which will come from the federal government. On September 19 there will be a meeting called by the Land Use Commission of OKI which as a Board of Trustees, I am also a member of. I highly recommend that people go to this. Individuals can express their feelings. You could have an impact on the rail system and bus routes.

Mayorís Report Ė Mayor Webster said the financing plan for the expansion of the Convention Center has blown up in their faces as Mr. Knox predicted it would. Mr. Dowlin has been saying all along itís a shaky plan and now Delta has pulled the rug out from under the City. Assuming the Hamilton County Commissioners take action in September, we are at their mercy for them to increase the transient occupancy tax in the City of Springdale, which is now 12%. It would go up to 15.5% which would drive most of the motel patrons of Springdale into Butler County. I donít know where that excess money is going to go. Hopefully two of the County Commissioners will see the error of their ways and not enact the tax in September but I wouldnít bet the ranch on that.

Mayor Webster said Iíd like to share a letter about one of our employees. Itís addressed to me and says, "I just want to let you know how pleased I am with the service of Mr. Tim Green. As you know our neighborhood has been undergoing quite a bit of curb and street maintenance. When the project began I noticed that our drain tile was blocked. I called Tim and he came out and marked it. Then when it was put in I noticed that it did not come straight out but up and out. I didnít think water could drain that way. I called Tim and he sent someone out to fix it. When the gentleman, not one of Springdaleís people, came out he sort of fixed it but when I questioned him I got a flip answer, basically stating that he has done all he is responsible for. Again, I called Mr. Green. If this drain backs up I will definitely have a wet basement. Tim answered my call promptly and promised to come out this week. He just left after digging a large root from a tree that was removed several years ago and placing a larger pipe so that we will not have any problems. I do not know who Timís immediate boss is. Thatís why I am writing to you. Everyone is always ready to complain when someone is doing a rotten job but very seldom complimenting them when someone is doing a great job. Iím certain that with this large project that Tim is being deluged with phone calls, complaints and concerns. He, however, takes care of them with a smile and positive attitude. I think he should be commended. I guess this is why Iím still a Springdale resident after thirty-eight years. Doyle, thanks for taking the time to read this and hope you will pass it on to the proper person. Sincerely, Kathy Obermeyer-Plat, 11840 Mangrove Lane."

Clerk of Council/Finance Director Ė Mr. Knox said if I may continue with what Mayor Webster was talking about, the hotel tax situation. I was unable to attend that meeting this morning but we will keep a good eye on them. To follow up on what Mr. Galster was saying, we will be bringing in an ordinance for the $5.9 million to pay off the Community Center on September 4. I request your support of that when it arrives.

Mr. Squires said we drafted a resolution from Council and the City of Sharonville did the same that said that if that tax were to be imposed it would go strictly for the Convention Center downtown. Now that that is on hold would it be proper to draft a resolution to the County Commissioners that since the Convention Center is a dead issue, that the tax not be imposed at all.

Mr. Knox replied the proposal prior to the meeting that was held this morning was that the four resolutions from Blue Ash, Sharonville, Forest Park, Springdale and possibly one to be added by Harrison, would all be given at the same time. The resolutions are still valid. If it doesnít fly it doesnít make any difference. If it does fly we want them to know what 75,000 people in the north part of the County think. In Section 4 we said there would be sunset provisions. If it wasnít needed it dies.

Administratorís Report Ė Mr. Osborn said we have an ordinance on the agenda this evening awarding the contract for the East Kemper Road Phase II project and when we get to that I will review the finances with you. You heard a little bit tonight about the grade separation funding modifications that weíve gone through. I distributed to you a form dated August 15 prepared by the City Engineerís office. This came about when ODOT took the cost on this project that was used within the last year for other funding purposes and decided to increase that cost by 25%. They were bringing legislation to us indicating that we would have to deposit almost $1.7 million without any notice. As you heard, a number of folks here at the City put a lot of time into addressing the issue. There is currently funding committed to this project as follows: $7 million by OKI; $1.7 million from ODOT; Springdale has $200,000 that we had deposited with them for real estate. They donít need that so they moved it to the construction side. The railroad elimination funding is that money that we obtained a year ago when we had this $4 million shortfall. Of that $4 million, approximately $2.3 million was going for right-of-way. That will be moved over to the construction availability column as well, so we have $11,376.407 in funding fixed for this project. However, we found that that was going to be increased by 25%. As a result the City was faced with a real difficult situation. The shortfall in the funding is $1,668,000. Of that $209,000 is money the City committed to a year ago when we accepted that $4 million grant. We had a 5% match. In addition we will get $291,973 from CWW as their share of the construction cost on this project. Don Shvegzda and Mr. Shuler were able to get a commitment from CWW that at the time we have to make our deposit with the State, they will give us a check up front. We are responsible for making that deposit but we could chase Waterworks for two or three years to get that money. When you subtract out the last two numbers, there was a remaining shortfall of $1,167,460.50. We were very fortunately in that a gentleman in Central Office at ODOT is very results oriented and he happens to be the head of that program where we got the $4 million a year ago. His name is Mike Ceotola and without his cooperation and his tenacity in trying to find a way to get this done, weíd still be sitting here tonight talking about how weíre going to come up with this money. The real credit for the City being able to bring this project back on track financially really goes to Mr. Ceotola. ODOT Central Office has agreed to come up with that money through their grade separation program and it will be out to bid this fall.

Mr. Osborn stated we received notice that the Public Works Department is going to receive an award for the salt storage facility the City constructed a few years ago. This is from the Salt Institute and Iíd like to read the first couple of paragraphs: "David Butsch, Congratulations, your Springdale salt storage facility was just judged one of the finest examples of environmental excellence in salt storage throughout North America for the year 2002. This is truly an impressive achievement. While a number of facilities are found to meet the guidelines developed by the Salt Institute which represent excellent management, your facility is a top winner this year. Congratulations to you and your team for achieving this pinnacle of success. Keep up the good work. Since it launched its award winning sensible salt program in the early 70s the Salt Institute has encouraged environmentally sensitive storage practices. About 90% of the documented environmental problems associated with de-icing salt are due to the inaccurate storage and management. Your program, both the excellent physical facility and your policies and commitment to an environmentally conscientious operation are a model for your neighbors in Ohio and throughout the snow belt regions of the world." This award will be presented to Mr. Butsch at the American Public Works Association Congress and Exposition in Kansas City, Missouri on September 23. Perhaps after he collects his award we can have him in to share it with City Council.

Mr. Osborn said the Planning Partnershipís Community Compass Steering Team has submitted its recommendations to the members of the Planning Partnership, in Springdale that is Dick Huddleston and me. Iíll be distributing a copy to all of you and ask that you give it some review. I think we will find many things we donít agree with. If you have comments, please get those to Mr. Huddleston or me. Weíd appreciate that.

Mr. Osborn said I distributed the 2003 budget schedule to you this evening. While this is a guideline, we try to use it for the budget process. As it stands right now we are proposing that the Council Budget Work Session be held in December. As we start through the budget process there will be a couple of steps where we bring Council Finance Committee into the mix for a review and discussion. Iím sure Finance Committee will keep you abreast of our discussions.

As was indicated by Mr. Knox, OKI is having a series of meetings. Mr. Knox, is this only on transportation or does it involve land use issue?

Mr. Knox replied this is under the purview of the Land Use Commission which actually includes land, water, air transportation. The forum will be on all those issues.

Mr. Osborn stated the Land Use Commission has been a very controversial body even before it was created. When OKI put together its 2010 long range plan back in the late 1990s, one of the items in that plan was the Land Use Commission. Since Ohio is a home rule state, the authority for zoning rests with the local jurisdictions. Consequently, when the Regional Council of Governments started to get into this area in developing policies regarding land use and, in effect, zoning, it became scrutinized by all the member jurisdictions, townships, counties, cities, villages, etc. It will be interesting to see how this board works. It went for several years before it even got off the ground. This is a new and unique direction for the Regional Council of Governments and obviously one we need to watch closely and also in a way that protects local jurisdictions.

Mr. Osborn said I would like to request an executive session for personnel, real estate and economic development matters. We do anticipate a motion by Council being considered on the personnel matter.

Law Directorís Report Ė Mr. Schneider said I would like to add to executive session the matter of litigation.

Engineerís Report - Mr. Shuler said on the grade separation the bid advertising date is set for October 9. City Council will need to pass legislation before they will put the project out to bid. That has to be passed and to them two weeks before the advertisement date. They are in the process of modifying this legislation. It will be coming back to us hopefully by the end of the month. We are expecting the legislation to be for $500,000. As soon as that comes in, it will be important for Council to consider it at their next meeting because we do not want to give them any excuse to set this back any further. With this size of a project, any delay could set it back a year because of the timing they like to bid this type of project.



Ken Kosar, 84 Silverwood Circle said I have been living in Springdale since 1988 and in all that time it has been nothing but a pleasure. I think you are doing a good job. My question is this. Living on Silverwood has put me a street away from the freeway. I have heard neighbors talking that at one time there was some thought given to sound barrier walls. I donít know what the current issue is or if it is an issue at all.

Mr. Danbury responded about eight years ago the State came in and was prepared to put up sound barriers. We did a lot of studies and talked with various residents mainly around I-71 in Montgomery. It was my understanding that it didnít really bring down the decimal level that much to the immediate area. Because it would bounce off, it would just spread out the noise. A lot of people didnít like them. We tried to see if we could get trees because a man came in from Germany and said thatís what they use over there.

Mr. Kosar stated when that area defoliates it is sound and sight too. Thereís a street behind me but in the fall and spring I can watch the traffic go by as well as hear it.

Mr. Danbury said one of the biggest complaints I hear is that we have trucks coming down and jake breaking, shifting down to save their brakes.

Mr. Kosar said thatís actually a specific brake design for a semi-tractor. Iíve seen communities put up the signs that say theyíre not allowed.

Mr. Osborn said I think your comments were well taken. As Mr. Danbury said we had a meeting here seven or eight years ago. We brought ODOT down to discuss the issue. They were prepared to put up sound barrier walls for us at key locations. We put out a notice to the community and filled these chambers to capacity with people. At the time the walls had just gone up on I-75 and the overwhelming opinion was in opposition to the walls. We did pursue some alternatives such as foliage through the State Legislature and Director of Transportation. They advised us that they do not use foliage for a sound barrier purpose. They have come up with better designed sound walls but they are not funding them anymore. They will fund it on new construction. On a retro situation of this nature they would look to the local jurisdiction to come up with 50% of the cost. Eight years ago the cost estimate for those walls was $1 million a mile, each side. We have probably had half a dozen people contact us on this issue and we have had informal discussions with ODOT. Weíd be glad to go back to ODOT for clarification that the information I just shared with you is consistent. Right now we are starting to put together the five year budget beginning in 2003 and we are looking at reducing our capital budget. Revenues are down. The County is looking to cut their budget. I think everybody has read about the State of Ohio and their woes. When the higher jurisdictions look for ways to save money they cut off the spigot to us. We have seen several revenue sources dry up on us the past couple of years and have had to rely more on local resources. We have several multi year projects that we are committed to right now. Without some type of outside funding it will be difficult to add any projects to that but thatís not to say we shouldnít look at all of our options. The Engineerís Office can look into the walls and give us a report at the next meeting.

Ms. Pollit said I travel to other metropolitan cities throughout the United States and I notice the condition of these walls. The one thing thatís always catching my eye is that they are in need of repair or they have graffiti on them. When you look not only at the construction of the walls, but also the repair, it gets very, very expensive. I donít see them being repaired at all. I think thatís a worse deterrent to the neighborhood than the noise is.

Mr. Vanover said I agree with you and I was here for that session. I saw the sound barriers by I-71. If they were in your backyard you got some relief but it ended up sending it over two or three tiers. After ODOT told us they donít use foliage for sound barriers, after the walls went up along I-71 they came along and planted foliage in front of them. I agree with you on the jake braking. Iíve seen the signs where it was banned. I too sit below I-275 and Iíll hear them rattle off. Maybe itís time we start looking at that and see how itís being handled elsewhere.

Mr. Osborn said I neglected to mention that Chief Laage is researching the area of jake brakes. If you do know the names of some jurisdictions where that type of law has been enacted, if you could pass that on to me Iíd appreciate it.

Tom Cuni, attorney, said Iím here on behalf of Don Shipps, the owner of Shipps, 11538 and 11542 Springfield Pike. Iím here as a result of some discussions Iíve had with Ken Schneider. I wanted to explain some proposals that we had exchanged with Mr. Schneider regarding the current legislation. Iím not here to argue the merits of that. Weíve decided weíll argue about that later. I wanted to explain Donís business and the impact that this would have on it in order to amplify the offer we have made and that Ken and I have discussed. As you may know Shipps is a motorcycle and recreational vehicle dealership. I know that doesnít quite fit in with the plans you have in mind for this area, but the business has been in this area for 25 years. Don has made a success of it. The area that the City proposes to take to the rear of the building is relatively small in relationship to the rest of the business but the reason it is so critical to Donís business is that he has very compact repair facilities on his premises. He has a very limited sales and administrative area. During the day they take the vehicles that are stored in the repair area and put them in that easement area.. Itís short and quick and allows him to have room to work. To remove that from him will have a tremendous impact on the amount of service he can do, the amount of vehicles that he can take in at any time and the time it will take to shift things around to do it. When we explained this to the City, and said there is a parking lot to the south of Donís property, Ken was so kind as to provide an appraisal of that. The appraisal was $82,000. We had proposed that we would accept the appraisal for the easement area of $18,000 and instead of paying the appraised price for that lot, pay $50,000 for it. Ken has indicated that part of the Cityís drive in all of this expansion is to improve the look of the businesses along Springfield Pike and would we agree as part of that proposal weíre making to substantial improvements to the existing property. My answer to Ken is sure, weíll make improvements, but what does substantial mean? We would like to ask the City to continue the discussions weíve had in a more concrete fashion and make that part of the negotiations. I understand youíre on the fast track with this street improvement but the longer Don can use this area, the better off he will be. I donít know if there can be an answer tonight but I appreciate your attention and your time.

Mr. Knox said $18,000 for the easement, $82,000 for the lot and youíll pay $50,000.

Mr. Cuni replied we will give you the easement at $18,000 and pay $50,000 for the lot.

Mr. Osborn said I donít think itís appropriate to negotiate on the floor of Council but that being said, I think we certainly are open to further discussions with Mr. Shipp but Iím assuming that Mr. Schneider has shared with you that we now have to address this as two separate issues. We will be glad to negotiate both issues with you but the one that is on the fast track is the construction side and we have to get that concluded because we intend to go to construction this fall. I donít think there is any reason we canít try to accommodate Mr. Shipp and allow him to use it until the point where we have to start doing demolition. Beyond that I donít think we can have too much of a dialog tonight.

Mr. Cuni said it was not my intention to make it a single issue. It was to make it plain that I understood the City would take this action tonight and weíre not here to try to persuade you otherwise. I simply am trying to set the stage for these discussions and to ascertain to whom we should address these issues.

Mr. Osborn replied the person who is going to be organizing any future meetings from our side will be Ms. Beth Stiles, our Director of Economic Development and Assistant to the City Administrator. She is a key person in this redevelopment plan for the corridor and certainly would be the individual with whom the dialogue should be taken up. Any of the others of us can be brought into it as appropriate.

Mr. Cuni stated, as I indicated and Mr. Schneider indicated to me, part of the consideration the City wanted was a commitment on our part to work on that building. Weíll start with Ms. Stiles and move to the rest of the list. We would like to move rather quickly on that aspect of it too because just as the City has its agenda, this is going to have an effect on Mr. Shipps.


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

Ordinance 50-2002 passed with six affirmative votes.


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

Ordinance 53-2002 passed with five affirmative votes. Ms. Pollitt abstained.


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

Mr. Osborn said the project had an alternate for the decorative guard rail that we recently did on the west side of SR 747/Kemper intersection. It came out so well that we thought we would look at replacing the galvanized rail that is in front of CostCo. They have a nice, decorative, wrought iron fence and then we put a galvanized guard rail in front of it and took away from the appearance. We looked at this as an element for this project but given the situation weíre facing financially and the fact that this can be a stand alone project, we recommended that we not do it at this time. The guard rail we have there is more than serviceable. Itís just an aesthetic issue and we are recommending that that not be included as part of this contract. Of that amount of money that we have to pay out, we will be able to get over $660,000 in outside funding, LTIP will contribute $440,568; Municipal Road Fund will contribute $220,284. The remainder, $427,776, is the responsibility of the City of Springdale. We had budgeted $440, 568 so we are $12,000 to the good.

Ordinance 54-2002 passed with six affirmative votes.


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

Ordinance 55-2002 passed with six affirmative votes.


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

Ordinance 56-2002 passed with six affirmative votes.


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

Mr. Galster asked is this the Cityís own corner lot dedicated back to the City of Springdale? Are we clarifying it as right-of-way?

Mr. Osborn replied we have owned the property for twelve or thirteen years. Thereís a distinction between right-of-way and regular property held by the City. To have it platted as right-of-way we have to go through this process. Since we are looking at consolidating this property and remarketing it, we need to go through this process where we carve off the property that was used when we widened the SR 4/Kemper Road intersection a few years. If you look at the exhibit, there is also a semi-circle on that corner where weíve reserved a landscape easement for the streetscape project as well. Hopefully, in dialog with a future developer, that can be incorporated into their site plan. We have to do this first because itís the only way we can create it as right-of-way and it allows us to create a residue which is subject to resale.

Ordinance 57-2002 passed with six affirmative votes.


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

Mayor Webster said I think itís with mixed feelings that we have to bring this resolution before Council this evening. We have tried several times to negotiate this matter with Mrs. Meiser. This is the only piece of real estate left in this urban redevelopment area and unfortunately we are having to take this step.

Resolution R21-2002 passed with six affirmative votes.


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

Resolution R22-2002 passed with six affirmative votes.



Mr. Knox said we have received two requests for changes in liquor licenses. One is from Winn-Dixie Midwest Inc. transferring the license to Winn-Dixie Charlotte Inc. There were no objections.

Mr. Schultz, the proprietor of The Gray Goose, has a request for a D5-I for a restaurant and has carry out privileges.

Mayor Webster asked is that the owner of the proposed teen club? Mr. Squires said their name was Wilson.

Mrs. McNear asked is this a new license?

Mr. Knox replied yes, but it is covered by a restaurant having so many square feet. There were no objections.

Mr. Danbury said I am trying to start an organization for parents who may have challenges raising their children. I spoke with the Mayor and Chief Laage about this and we have some citizens who have even more challenges such as physical or learning disabilities. Unfortunately, there are more single parents. If anyone knows anyone who wants more information or has an issue they want to deal with please give them my number or they can leave a number at the Municipal Building.

Mrs. McNear asked if the City has an Employee Assistance Plan. Perhaps that is somewhere we could get started in finding organizations that may want to assist us.

Mr. Osborn replied yes, they may be able to help us find resources that are currently out there.

Mr. Vanover said Iíve had direct contact with Mrs. Paula Taylor, who is the parent mentor with Princeton City School District and sheís phenomenal. There are several groups from ADHD to special needs children through the school that meet.

Mr. Danbury said the Mayor and I were talking about a situation and we have a resident whoís faced with this. A lot of times their children are no longer in school or it may be a recent event. This could be a way for parents to have a babysitter for two hours while they go to the store, something outside the school system. Iím trying to help people who are at witís end.


Mayor Webster said I think maybe we were remiss in not announcing why Mr. Wilson is not with us this evening. His wife, Charlotte, has had double by-pass surgery and he is with his wife this evening. On behalf of the City government weíd like to extend our best wishes to Mrs. Wilson and hope she is back among us very soon.

Planning Commission Continuation - August 22

Parks and Recreation - September 3

Board of Health - September 12

Board of Zoning Appeals - September 17


Mr. Danbury made a motion that Council go into executive session as a committee of the whole to discuss possible personnel matters, economic development, real estate acquisition and possible litigation. Mr. Vanover seconded. The motion passed with six affirmative votes.

Council went into executive session at 9:03 p.m. Mr. Danbury left at 9:30 p.m.

Council reconvened at 10:03 p.m.

Mr. Galster made a motion to reject the Fact Finderís Report (Police). Ms. Pollitt seconded.

The motion passed with five affirmative votes.


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

Ordinance 58-2002 passed with five affirmative votes.



Underpass ordinance - prior to October 4

$5.9 million bond - September 4

Council adjourned at 10:09 p.m.

Respectfully submitted,




Edward F. Knox

Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council



__________________________, 2002