President of Council Kathy McNear called Council to order on October 17, 2001, 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 Galster, Pollitt, Vanover, Wilson and McNear. Mr. Danbury and Mr. Squires were absent.
The minutes of November 3, 2001 were approved with five affirmative votes.
PRESENTATION OF FLAG - Dave Whitaker
Mayor Webster said I was approached by Dave Whitaker and his family and asked if we would be interested in a flag they had acquired through an auction.
Mr. Whitaker said Channel 19 had a "Flags for Freedom" auction. I was compelled to do something after the September 11 attack so I bid on a flag that had flown at the State Capital that was presented by Senator DeWine. The money for the flag goes to the United Way September 11 Fund. I have six or seven life-long friends who are police officers and I felt that our fire, EMS and police officers are equal to the people who lost their lives in the New York City attacks. I felt that the proper place for the flag should be shared in the City by the fire, police and EMS personnel. Mr. Whitaker presented the flag to Mayor Webster who presented it to Police Chief Laage and Acting Fire Chief Shroyer.
Mayor Webster said I think gestures like yours here are just one of the many things that makes this a great place to live and raise a family. Thank you from the bottom of my heart on behalf of all of the elected officials.
Chief Laage said on behalf of the Police Department we really appreciate this. You hear the term "homeland" now. This is home and with people like this, it means a lot. Thank you very much, David.
Acting Chief Shroyer said I echo Chief Laageís comments and thank you on behalf of the Fire Department and EMS service. Itís a tragedy to the Fire and Emergency Services as it is to the country. This type of gratitude from the public that we serve is what makeís it a worthwhile decision to pursue the career we have pursued. On behalf of all the members of the Fire Department we thank you very much.
Civil Service Commission - no report
Rules and Laws - no report
Public Relations - no report
Public Health, Safety & Welfare - no report
Public Works Ė Mr. Wilson said the 2001 street program is completed with the exception of the pavement repair on SR 747 in the vicinity of I-275. Sometime next month we will be scheduling a committee meeting to review the 2002 street budget.
Public Utilities - no report
Capital Improvements - no report
Finance Committee - no report
Planning Commission Ė Mr. Galster said they met October 9. The first item was site development plan approval of the proposed addition to Service Parts Supply Corporation at 11345 Century Circle West. That was approved 7-0. Karloís Bistro Italia, the third restaurant site at Pictoria Island was tabled 7-0. Exterior color changes at Famous Daveís, 12183 Springfield Pike was before us the previous month. They had painted the roof red and we had requested and approved that the roof be painted back to the original color. They submitted a new, more earth-tone reddish brown color and asked to paint the roof that color. It was approved 6-1. There was a proposed exterior change to Hobby Lobby, 11630 Princeton Pike. That was tabled due to a lack of representation.
Board of Zoning Appeals Ė Mr. Wilson said James and Mary Metzmeier, 438 West Sharon Road, requested a variance to allow a 10í x 16í shed to be constructed one foot from the side property line. The Metzmeiers indicated that they needed this size shed and were not willing to make an adjustment on the side lot. The variance was denied. Catherine Kauffman, 11831 Ramsdale Court requested an extension to a variance allowing a dog-grooming business in a residential area. This was her third or fourth temporary variance. In the past we allowed a two-year variance. This year we allowed her a three-year variance. William R. Brewer, 11771 Lawnview Avenue requested a variance to allow a swimming pool to be located 11í6" from the property line. The request was granted. Harry Arcaro requested a variance to allow construction of a 1300 square foot single family residence at 447 Dimmick Avenue, six feet from the side property lines. He felt he could not put a 2000 square foot residence on that lot. He also had a six-foot setback on each side. We were in the process of denying the request when he decided to withdraw the request and come back next month with a revision.
Board of Health - Ms. Pollitt reported that the Health Commissioner discussed Senate Bill 136, which is the food service fees and health district licensing council. There were standard reports given. The nurse will announce in local papers when the flu clinic will be held.
Mayor Webster said I think we are going to get relief from Senate Bill 136 because we are a charter city. Had we not had a charter we would have had to form another commission made up of one member from each group that we licenses.
O-K-I - no report
Mayorís Report Ė Mayor Webster stated Halloween will be observed October 31, 6-8 p.m. Iíd like to remind the motoring public and parents to be careful. It will be pitch black at that time and with all the things going on in the world today, we need to ratchet that awareness and supervision up another notch. I had one request from a resident asking me to cancel the Halloween observance but I donít think thatís fair to all the children to cancel it. Please exercise caution.
Mayor Webster continued I have a letter from a resident dated October 8 and it reads, "Recently I had the unpleasant experience of a legal disagreement. The Springdale Police Department was involved. Their response was done with understanding, extensive negotiations, wisdom and compassion to all parties concerned. It is reassuring and a blessing to know the high caliber of integrity and commitment our police department has. I also work with the department at the Vineyard Church which shows their commitment to the community."
Mayor Webster said I have a comment card dated 10-10 dealing with our Fire Department. The first question was have you ever had occasion to contact the Springdale Fire Department for help or information? Yes. Was your contact an emergency or non-emergency? One of each. Specific nature of your contact. Broke an ankle and was transported to ER. The other problem was with a house structure and they didnít know the name of the employee. Did you receive a prompt response? Yes. Were they courteous? Yes. Was your contact with the Fire Department what you expected it to be? Yes, better than expected. Do you have any other comments or suggestions? Just keep up the excellent work. J. Warman, 950 Cedarhill Drive. Unfortuantely, Mrs. Warman suffered a broken ankle so we wish her a speedy recovering. Good job, Dan. Pass that on to your fellows please.
Clerk of Council/Finance Director - no report
Administratorís Report Ė Mr. Osborn said because of the attention in the media to the reports of Anthrax at businesses throughout the country, the Mayor asked if I could review for Council how the City would respond to that type of threat or even a greater critical incident. The City has an emergency operation plan in place. One of the tenets of that plan is that wherever possible people are employed during an emergency in ways that reflect their routine daily responsibilities. We just change focus as the particular incident requires. I might add also that part of the normal training that our Police, Fire and Health Departments engage in is the issue of a hazardous material spill. That has been something that we have been doing for several years and our people are familiar with the appropriate response. We would and do treat a biological or chemical incident just as we would a hazardous material spill. Typically a police officer would be the first responder to a situation where a critical incident has been reported. That police officer will make an assessment and evaluation of the situation. If it is merited, he or she will then call the Springdale Fire Department and Health Department. Once the Fire Department is on the scene, they will also evaluate the situation and if they determine it necessary, they will determine an area to be an evacuation perimeter from the center of the event. At the same time the Police Department would establish an outer perimeter beyond which the public could not pass and gain access to the location of the incident. Within that outer perimeter there would be an inner perimeter in which people could enter only if they were clothed in the proper protective equipment. The area this second inner perimeter is referred to as the hot zone. The entire area would be considered a crime scene and to every extent possible be treated as a crime scene. If the area is indoors the Fire Department will immediately cause the property owner to shut down all HVAC units. If there is a credible threat associated with this event, some indication that this was not an accident but an intentional act of terrorism or other criminal motive, the Police Department will notify the FBI and the FBI may elect to come into the investigation or they may choose not to. A roster of all persons who have potentially been exposed to any type of hazardous material will be compiled and provided to the Health Department. The Fire Department will call the Hamilton County Hazardous Material Team or a private firm such as Clean Harbors to sample the material and clean the area. The Health Commissioner will take the sample to the Ohio Department of Health laboratory for analysis. The turn around on that sampling is 4-6 hours for an incident where there has been a credible threat; a lower priority for those incidents where there has not been a credible threat. If, in any of these incidents, the material proves to be a true chemical or biological agent, all persons who were potentially exposed to the material will be contacted by the Health Department, screened and treatment prescribed. We wanted to share this with you, not to add to any alarmist type media coverage you might see, but more to let you know that we are prepared to deal with these things and we do deal with these things. There are hundreds of thousands of pieces of mail delivered every day. Since the start of the terrorist incident on September 11, there are four or five letters that have shown to have some legitimate form of toxin, so you can appreciate the likelihood that a person is likely to receive a tainted letter is remote. At the same time we want people to be vigilant. We donít want them to be in such fear that they donít pursue their normal life. Our public safety forces are here to help people in the event they do have a concern.
Mr. Osborn said the City has other circumstances that have caused us to have this type of capability. We have a major rail line coming through our city, an expressway, two state routes and heavy concentrations of people. There is certainly an opportunity for an event to occur just by accident through a derailment or a truck overturning on the expressway where very dangerous chemicals could be exposed to the environment and prove a threat to our community. So our public safety forces have to be prepared for something on that scale. I certainly donít want to minimize the threat from the mail or efforts that have been made in other parts of the country. But itís not likely to have that type of event occur here, but we are prepared to deal with it. Not only as a first responder can we prepare and establish the scene but we can call on resources available to us through the county and other mutual aid response. Should you have any questions donít hesitate to call us.
Mr. Osborn also said on Friday, October 26, at 7 p.m. there will be a charity basketball game between the Police Department and Fire Department. It will be held at the Community Center. There will be no admission but there will be a fill-the-boot donation and all proceeds will be forwarded to the 9-1-1 relief fund. We ask your help in promoting it. Weíd like to fill up the place.
Law Directorís Report - no report
Engineerís Report - no report
Mr. Knox said we have one communication from the Board of Elections concerning the question that will be in Precinct G. "Notice is hereby given that pursuant to a petition filed by the Board of Elections of Hamilton County, Ohio, on August 22, 2001, there will be submitted to a vote of the electors of said Precinct G, City of Springdale, at the general election to be held at the regular place of voting therein on November 6, 2001 in the precinct designated as follows: City of Springdale, Precinct G, the following question will appear in the question and issue ballot, "Shall the sale of wine and mixed beverages be permitted for sale on Sunday by Samís East Inc. doing business as Samís Club 8132, an applicant for a D-6 liquor permit, who is engaged in the business of retail/grocery store/shopping club operation at 800 Kemper Commons Circle, Springdale, Ohio 45246 in that precinct. Polls will be open from 6:30 a.m. to 7:30 p.m. on said date. A majority affirmative vote is necessary for passage. Timothy Burke, Chairman and Julious Stautberg, Director"
Mr. Vanover asked I take it Samís was the initiator to place it on the ballot?
Mr. Knox replied yes, the initial impetus for this came out of Columbus. Apparently they hired someone to pass the petition. I should mention that they say Sunday but itís Sunday after 1 p.m.
Ms. Pollitt asked is there any history of other stores doing something like this?
Mr. Osborn responded I believe this district was unique in having this particular level of exception for permits. It must go back to some earlier day when this precinct chose to have a higher level of exclusion on liquor permits and it pre-dates me.
Ms. Pollitt said I just wonder why they didnít just come to Council or the Administration. It would have been nice to have a heads up.
Mr. Osborn answered we donít issue the permits. Thatís more public relations. Theyíve done everything legally.
Mr. Vanover asked is there any indication that this would go beyond Samís? Obviously there is joint ownership with Wal-Mart.
Mr. Knox stated this item is very specific. It names Samís Club by name and number. I donít see how they could extend it to another business. Would someone else like Costco ask for the same thing? Thatís possible.
Mr. Galster said I presume they have Saturday sales and no Sundays at all. This would allow Sunday sales.
Mr. Knox said D-6 is not restricted by time. As Mr. Osborn mentioned, it must be something peculiar to that precinct.
Mayor Webster said my impression is that the other precincts in the City already have this. Somewhere along the way this precinct is more restrictive than the other ones. I would think if this passes it would be for everyone in that precinct. Samís just happens to be the one who circulated the petition and got it on the ballot.
Mr. Knox said if Council would like, I will check with Board of Elections and try to find out whatís going on.
Mr. Schneider said Iíve already checked. It was put on by Samís and that was the issue. They are trying to get sales that they do not have. I did not ask if there is a history that goes way back. Iíll be glad to follow up if you want me to.
COMMUNICATIONS FROM THE AUDIENCE
Jim Knue, 12021 Kenn Road, said Iím the president of the Senior Citizens Club of Springdale. I have been coming to Council meetings for some time and I enjoy them very much. First, I would like to thank Council and this City for being so generous to us. Sergeant Buschman has been coming to our meetings and informing us of scams, road closings and a lot of things weíre not aware of. Last Council meeting there was some time spent on National Fire Prevention Week. Mr. Squires was talking about smoke detectors that the City offers. I wondered how many members had one and if they were working. I brought someone from the Fire Department to speak to our club. Mike Hoffman came and it was well worth it. Quite a few members signed up for smoke detectors and carbon monoxide detectors, of which most have already been installed free of charge. Another good thing the City does, not only for us but all of its citizens. We would like to thank ,not only Council and the City, but Sergeant Buschman, Fire Inspector Hoffman and all the police and firemen for a job well done.
ORDINANCE NO. 53-2001 "AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT AND AN EASEMENT PURCHASE AGREEMENT IN CONNECTION WITH DEVELOPMENT OF THE PROJECT KNOWN AS PICTORIA ISLAND, AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Wilson seconded.
Ordinance 53-2001 passed with five affirmative votes.
ORDINANCE NO. 54-2001 "AUTHORIZING THE EXECUTION OF A MASTER LEASE AGREEMENT IN CONNECTION WITH DEVELOPMENT OF THE PROJECT KNOWN AS PICTORIA ISLAND, AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Mr. Vanover seconded.
Mr. Osborn said Ordinances 53 and 54 relate to the TIF that Council created in early 2000. The specific legislation before you this evening authorizes the leases and master lease agreements with the developers or developersí successors in order to justify the work being done under the TIF. Under a TIF (Task Increment Financing District), public facilities may be financed through the use of service payments. The City is entering into agreements whereby we have easement access to the detention basins. We are leasing for thirty years a public parking garage to the developer or developer successor. At the end of that thirty years the City will get the ownership back. At the same time the owner of the property has an obligation to purchase that improvement from us.
Ordinance 54-2001 passed with five affirmative votes.
RESOLUTION R14-2001 "RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR"
Mr. Vanover made a motion to adopt and Mr. Wilson seconded.
Mr. Knox stated that there was no tax increase. It is still the same as in previous years.
Mayor Webster said the 3.08 was granted to the City of Springdale in 1959 when we became a village. That was granted to the City in perpetuity.
Resolution R14-2001 passed with five affirmative votes.
OLD BUSINESS - none
NEW BUSINESS - none
MEETINGS AND ANNOUNCEMENTS
Finance Committee - November 6
Halloween Carnival - October 28
Town Hall Meeting - November 15
Mayor Webster said that is dealing with our old town project and streetscaping. This is the area between Northland Boulevard and West Kemper Road. There will be individual invitations going out soon. We need to talk about the format, whether it will be a formalized Council meeting. Iím sure we need to advertise it since we would like to have all the Council people, Planning Commission members, along with the City Planner and Engineerís office.
COMMUNICATIONS FROM THE AUDIENCE - none
Mr. Vanover made a motion that Council go into executive session as a committee of the whole for an informal discussion of real estate matters. Mr. Galster seconded. The motion passed with five affirmative votes.
Council went into executive session at 8:00 p.m. and reconvened at 8:30 p.m.
UPDATE ON LEGISLATION STILL IN DEVELOPMENT - none
RECAP OF LEGISLATIVE ITEMS REQUESTED - none
Council adjourned at 8:32 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council