President of Council Kathy McNear called Council to order on November 15, 2000, at 7:00 p.m.
The governmental body and those in attendance recited the pledge of allegiance. Mr. Knox gave the invocation.
Mr. Knox took roll call. Present were Council members Danbury, Galster, Pollitt, Squires, Vanover, Wilson and McNear.
The minutes of November 1, 2000 were approved with seven affirmative votes.
COMMITTEE AND OFFICIAL REPORTS
Civil Service Commission - no report
Rules and Laws - Mr. Wilson said they reviewed the Tax Code revisions and find that they are in order. We will be seeking a consensus of Council. Do we want to have a public hearing on this? What has been the practice in the past, Mr. Osborn?
Mr. Osborn responded we can look to the current code for guidance. If it says it requires a public hearing then we have no option. If it is silent Council can do whatever they want to. Iím personally not familiar with the history of the Tax Code close enough to know if we have had public hearings.
Mr. Garry said I will check that out and get back to Mr. Wilson.
Public Relations Ė Mr. Danbury said a copy of the next newsletter is being reviewed by Mrs. Dunfee and should be coming out very shortly.
Public Health, Safety & Welfare - no report
Public Works Mr. Wilson said all areas of the 2000 street program are complete. Punch list items are being addressed at this time. The 2001 street program meeting with Public Works will be scheduled for early December to finalize the scope of the 2001 street program.
Public Utilities - no report
Capital Improvements Ė Mr. Danbury said the utility relocation for the CSX grade separation is scheduled for the fall of next year. We are looking at project completion in 2003. ODOT is looking at revising the project schedule. It will take place in 2003 and 2004. The first phase of East Kemper Road is complete. We are just putting a retaining wall in there this fall and will complete the project next year.
Mr. Danbury said the Community Center expansion is really impressive and hopefully we will be able to open it up for the public in another week. There are still minor punch list items to be completed. The computers are in there. A lot of the areas are completed. I did get a lot of grief from personnel down there for my comments on the color scheme for the child care area. I apologize to anybody who picked it out. We had to pull up the old tile in the hallway by the old fitness area and racquetball courts. When they were moving the equipment in there it was cracking and doing serious damage so they pulled up all of the tile and put new tile in. They painted everything. I believe the staff moved in yesterday.
Mr. Parham stated I havenít had a chance to have much dialog with them today but I think their telephone system is now in working order because I was able to be transferred to one of the assistants today. The computer connection to the network is in place.
Mr. Danbury said to anybody in the audience if you have any activities there are plenty of meeting areas set up. The area that was damaged by fire is quite impressive. They have couches, meeting tables, screen for audio-visual presentations. It is very impressive.
Mr. Danbury continued a meeting was held with the school to discuss a final design for the Walnut/Pear Street improvements. The schoolís main concern was that this is done during the school break.
Finance Committee Ė Ms. Pollitt said the Finance Committee met on Monday, October 30. We reviewed the five-year revenue expenditure report, which is a list of potential expenditures. We will be having a meeting December 5 to discuss next yearís budget and we hope to have that to Council by December 20 for a vote.
Planning Commission - Mr. Galster reported this was one of the most pleasant Planning Commission meetings I have been in for a while because of what we saw happening in the City. The first item was modification to and compliance with a conditional use permit for Creative Kids World, Inc. at 11285 Springfield Pike. We allowed a day care center to go in there as a conditional use and they have a playground in the back. It backs up to a residential area and there are some noise problem issues that the neighbors would like to have addressed. The hours of operation have come into question. There were a lot of residents in attendance and they were not real happy with not getting satisfaction last night. Unfortunately, the owner of the business was given our recommendations just last night so we decided to table it to give them an opportunity to look at the recommendations and see what might be worked out to mitigate the noise problem there.
Mr. Galster said the next item was map amendment and preliminary PUD plan approval for a proposed Mikeís Car Wash and Quickstop Oillube, 1190 East Kemper Road. This is in front of Costco. We had a presentation and there were some concerns regarding lighting and signage, etc. but in general, it was a well-presented proposal. We have forwarded our recommendation to Council requesting that we set that up for a public hearing. Weíd like to put that off until the first meeting in January because we expect a hectic last meeting in December. We will confirm that that does not create too much of a hardship with the applicant. That was approved 6-0.
Mr. Galster stated the next item was development plan approval of Steak n Shake, 11470 Princeton Pike. They will be putting a twelve foot addition to the front of their building and they also want to ask for a walk in freezer on the back of the building. That was approved contingent upon the walk in freezing being incorporated into a building expansion as opposed to just a cooler on the back of the building because it has high visibility. That was approved 6-0.
The next item was a map amendment and preliminary PUD plan approval for proposed renovation to Springdale Plaza. This was probably the most exciting thing we had for the evening. Springdale Plaza contains Burlington Coat Factory, Drug Emporium, Michaelís, etc. We saw a total redesign of that facility, tearing out and tearing down the Burlington and Drug Emporium building, replacing that with a building that steps down that slope so we donít have the big concrete wall at the end of that building onto Tri-County Parkway. They have a couple of tenants tied down; Circuit City; Bed, Bath and Beyond; and DSW Shoe Warehouse. Itís a total remake of that whole mall and it was pretty exciting. Everything from landscaping to the painting to the facades of the building, tearing out the old building, etc. That was forwarded to Council and a public hearing is requested for January 3.
Mr. Danbury said you mentioned on the child care item, that they didnít get a chance to look at the recommendation. Itís my understanding that itís non-compliance of what was originally proposed by them to the City and they have not lived up to it. They said there would be so much screening, walls, etc. and they did not do that. Is that still the case?
Mr. Galster replied trees were supposed to be planted at a ten foot height and we found out they were planted at seven foot height. There is one deceased tree that needs to be addressed. Even if it had been put in the way we originally asked them to do it, Iím not sure that would alleviate the sound problem that they have, so we are looking at shadowbox fencing, additional landscaping, additional trees, etc. It not only has to be worked out with the tenant, but also the landlord and the landlord was not present so we didnít know what kind of financial commitment we could get to do these things. There is a change in their hours. They had presented to us Monday through Friday. They have had a couple of open houses on Saturday where there are kids out playing. There is a dispute between the residents and tenants as to how often that happens. There is some time on Sunday where the lady allows a church to use the facility for day care and that was not discussed or part of the conditional use. Before any decisions were made we thought it best to see what can be done first and have all parties there.
Board of Zoning Appeals - no report
Board of Health - Ms. Pollitt said they went over the regulation for changing fees for food service operations. They also had pool sample reports and nuisance animal reports . Ms. Pollitt said if anyone wants to get a flu shot please call the Board of Health before coming up to the Municipal Building. We will be getting in our vaccine but weíre just not sure when additional supplies will come. If you call the nurseís office she will be able to tell you when the vaccine will be here and when she will be able to assist you. A lot of communities are having problems getting their vaccine and unfortunately, we had to cancel the clinic we had scheduled for November 10 and we hope to be able to meet the needs of the residents as soon as the shipment comes in.
Mr. Squires asked do we have any vaccine at all available for senior citizens in dire need?
Ms. Pollitt replied we have a very small amount. The nurse is dispensing that on a case by case need. She looks at the age and health of the person and also pre-existing conditions. Please call her for dates. We are saying maybe the middle of December but we have been told different dates before.
O-K-I - no report
Mayorís Report Ė Mayor Webster said two positions on the Board of Health are expiring in December. Both individuals are interested in continuing and are extremely valuable members of the board. I ask Council to consider resolutions confirming those appointments at the next meeting. The Christmas tree lighting will take place on Sunday, November 26 at 7:30 p.m. on the lawn of the Municipal Building. The show will go on rain or shine. This year the youth choir from the Vineyard Church will be performing for us.
Mr. Danbury asked when will you be doing the Christmas lights judging?
Mayor Webster replied I have not finalized that yet. Weíll announce that schedule at the next meeting.
Clerk of Council/Finance Director - Mr. Knox said if there is a public hearing for December 20 it will need to be announced by November 20.
Administratorís Report Ė Mr. Osborn said we have had a Zoning Code amendment pending for some time. The details of that ordinance have been reviewed by the Building Official and have been signed off on. At the same time we now have another amendment being brought through Planning Commission to City Council related to political signs. Apparently there was a change in the case law regarding political signs. Weíd like to get those two in sync if we could and just have one ordinance and one public hearing. Weíd like a first reading on December 6 with a public hearing on January 3.
There are two ordinances on the agenda this evening, Ordinances 76 and 77 that we would like to ask again to be tabled. This is Supplement S-1 of the 1999 codification changes. They are still under review by different department directors and again, we would rather be detailed in our review than let something slip through that would be inappropriate.
Mr. Osborn continued in September we made a $7 million principal payment and $283,000 in interest on our 1999 note that matured in September 2000. Those expenses were accounted for within the Capital Improvements budget. Even the $6.4 million in the 2000 note showed as revenue under Capital Improvements. It really is creating an artificial situation when you look at the capital budget. The capital budget is blown out of proportion to its routine scale of $3 or $4 million. Weíre really not doing that level of capital improvements in the City. The great majority of that is debt payment. I am suggesting to Council that we create a separate fund called the Community Center Debt Fund. We will move the expenses for the Community Center for debt retirement to that fund. We are committed to paying down $600,000 in principal plus the interest every year. Instead of transferring that money from the General Fund to the Capital Improvements Fund, weíll simply make that transfer from the General Fund to this new fund to make that payment. We are not changing any of our commitments to paying down the debt. Itís merely a means of trying to isolate that debt so it doesnít skew the numbers in the Capital Improvements Fund when someone takes a look at that. We need legislation to do that and we request the legislation with the emergency clause at the December 6 meeting. This is necessary because we will also have to get an amended certificate from the Hamilton County Budget Commission in order to finalize our accounting process for 2000. The next Budget Commission meeting is December 12 and this would give us an opportunity to come back to your meeting on December 20 and accept the amended certificate provided by the Budget Commission.
Mr. Osborn stated another item that has been on hold for some time is the proposed changes to the Property Maintenance Code. Earlier this year, there were four different areas of change recommended to City Council, one of which dealt with the occupancy load for residential units. With the adoption of the new Zoning Code, we no longer defined residential units as single family or multi-family but as single household or multi-household. We were looking to the Property Maintenance Code to regulate the number of persons who could occupy an individual structure. Initially we were looking at the standards put out by BOCA in the National Property Maintenance Code. In that case, the standard called for a minimum bedroom size of 100 sq. feet and a minimum requirement of 50 sq. feet per person per bedroom. When we started looking at the subdivisions in Springdale, we found that one or two had standard footprints for their homes where the bedroom size was under 100 sq. feet. We found some where the typical size was just over 80 feet for the smallest bedroom. Using that as a standard the Building Department has recommended that the standard minimum square footage for a bedroom be 80 sq. feet and the minimum sq. footage per person in a bedroom be 40 sq. feet. To give you some scale, a three bedroom house in the Terrace or Heritage Hill with the smallest bedroom of 80 sq. feet would be able to house seven people. I bring this to your attention because it was an issue Council asked us to look into in more detail. The Building Official has done the research and brought the recommendation back. Would you prefer to have the Building Official come before Council on December 6 to discuss this ordinance and the other three amendments or would you prefer to refer this to a committee of Council for review by that committee before being brought before Council.
Council asked for the Building Official to come in. Mr. Osborn said we will have the legislation prepared and the Building Official before you at the next meeting.
Mr. Osborn reported the Springfield Pike streetscape project is starting to come into sequence for us. We were funded for that at $295,000. Our initial estimate for this project was $400,000. We have been looking at some other alternatives that might increase that cost. We felt that we ought to take a look at certain changes at the same time. We can always treat them as alternate bid items. As an example, we are looking at changing out the street lighting to make it more attractive along the business section of Springfield Pike. At the same time we would like to see what the cost would be to change out the strain poles and mast arms for the traffic signals to make them consistent with new street lighting architectural styles. While we havenít finalized the budget for the project, we do have the commitment from the Transportation Enhancement Program of $295,000. Design would occur in 2001 and construction in 2002. In order to get started we would like to bring legislation before Council at your next meeting authorizing an agreement with CDS under our master contract for the professional services related to this project. That would include both architectural and engineering services. I do not have a number yet for that proposal from CDS. That is still forthcoming.
Another item that will require legislation is a contract renewal with the Inspection Bureau Inc. (IBI) to perform electrical inspections in the City of Springdale. Our current three-year contract ends on December 31, 2000 and we would like Council to consider legislation at your next meeting renewing that contract for another three years. The City neither gains nor loses money through this contract. It essentially creates a relationship with IBI making them our inspection agency for electrical. The fees that are generated through electrical permits go to IBI to pay the cost of the inspection process. Those rates are set by a master contract with Hamilton County so all jurisdictions have the same rate.
Mr. Osborn said we are nearing the conclusion of the Community Center project. We do have change orders that we need to have approved by City Council. These have accumulated over the course of the project. We have five prime contractors. We may only need change orders for four of those contractors. We will be asking Council for legislation at your next meeting for authorization to execute change orders under the various contracts with the prime contractors. Between now and our next Council meeting, Mr. Parham will be providing a report to you summarizing the cost for the project, as well as the individual change order amounts for the various prime contractors. We think this will come close to wrapping up the entire cost of the project; however, there is one contractor for whom we may not have all the change order information in place in time for the December 6 meeting. We may have to come back at a later date with some clean up items.
Mr. Osborn said Ordinance 84-2000 is on the agenda this evening. Iíll defer comment on that until the ordinance is brought before you. We do request that you consider it because of financial obligations the City has to repay funds for which we have been trustee for several months.
Mr. Osborn said Officer Mike Noble is a patrol officer with the Springdale Police Department. On November 25, 1999, he was involved in a very serious automobile accident. He has been off-duty since that time on injury leave with pay. He has had surgery and has been going through a great deal of physical therapy, but he is not yet ready to come back to work. He is meeting with the pension system to look at his options regarding what his circumstances might be with disability retirement versus his ability to come back to work. Those are issues that are yet to be resolved. We feel that Officer Noble has made every effort to resolve this situation over the last twelve months, but because of the seriousness of the injuries it has not been possible. We would like to ask Council for an additional ninety days for Officer Noble. We believe that we can get the issues resolved or at least a schedule in place over the next ninety days, but our code currently limits us to twelve months. With Councilís consent we would like to bring in legislation at the next meeting extending that twelve month period for another ninety days, in this case, for Officer Noble.
Mr. Osborn said you may have heard on the news today, International Paper has announced that it will close the packaging plant here in Springdale. We were unaware of it here at the City building until Channel 9 news called us for a reaction. They asked us what impact it would have on the Cityís tax structure. I told the reporter at that time, without knowing any great details about the current number of employees at the site, we have a very stable and diversified economic base here in the community. We are very fortunate to have that. We will certainly miss and regret the loss of International Paper but itís not going to be a major impact on our budget. Since then I did check into our collections and in 1999 we had withholdings of just over $76,000. Itís our understanding that they intend to close by March 2001.
Community Center Update Ė Mr. Parham said, as Mr. Danbury pointed out, we are extremely close here. One of the things we are trying to do is target some time next week to have the traffic enter the center from the new entrance. Right now we are using the temporary entrance we have used throughout the construction of the project. Since the staff has now relocated into their new office area, it would make for logistical problems to have the entrance near the end of the building and the staff up front. The general contractor has committed to having the entrance completed by next week. The one correction to Mr. Danburyís report is that a number of rooms will not be ready for occupancy. There are quite a few punch list items. They are small things but they are numerous. I think they can be handled but in a number of the areas we want them to be addressed before we let the public into those areas. I have indicated to the contractor that the key areas we want to focus on is having the gymnasium complete. Itís huge, the glass is beautiful. You can see in and you want to go in. The locker rooms are another area that I have insisted that they have completed; then the stairwell leading up to the running track. The running track will not be ready when we open the front doors. A number of things have to occur there. The track is down; however, we did notice a slight seam problem. They are aware of it and can deal with it. We are not going to open the running track at this point but we want to make sure the stairwell is taken because itís right next to the equipped exercise. That room will probably be ready but we need to do some other things in order to prepare. We purchased new equipment for the equipped exercise area. Although itís Nautilus equipment and we have had Nautilus in the past, it is different equipment and so everybody needs to be re-oriented to using that equipment. Weíre trying to iron out the logistics of bringing the residents in for training on using this properly so we eliminate any potential injuries or hazards. In the child care area there are just two items that remain. The mechanical contractor needs to put a register in the ceiling and there is a fill-in area by the window that needs to be completed by the general. The game room is pretty much ready. There was a problem with the UL label on a couple of the games so weíve taken those out. We allow contractors to place their games in the rooms and they receive the majority of the revenue. Iíve instructed the contractor that when they bring back the new games that they have the UL labels that will pass approval. Mr. Danbury was exactly right in the fire damage rooms. They are simply beautiful. There are a few things that need to be completed. One is the electrician has to wire the screen to come down. Also, on the exterior of the windows there was lighting that came down the soffit area. The contractor wants to do the site work before cold weather sets in and then he will install those lights. The furniture in that room looks wonderful. There are a number of punch list items to be addressed in the office area. Iíve asked the staff to make notes of what is still outstanding from the first punch list item we gave to the general contractor so they will be aware that those things still exist. The phone system is now connected. The computer system is connected. The new meeting rooms are almost complete. The tile in the lobby looks beautiful.
Mrs. McNear said I heard good things about the weight room.
Mr. Danbury said for people using cardiovascular equipment we have four TVs set up. You can bring your own headsets and watch TV there. Are we set up to accept credit cards down there?
Mr. Parham replied we probably are not there yet. The general contractor was supposed to be in the past two days to install the hardware into the doorway of the equipped exercise area which will be an access way through the membership card.
Mr. Galster said I know everybody is trying to get the building open, maybe sometime next week. It seems to me with the punch list we have it would be better to set a date out a few weeks for an opening instead of driving to get it open next week but not have all areas available.
Mr. Parham replied our target is not to have the facility open next week. The reason for moving to the front door is for logistical problems. The facility has been open throughout the construction. Weíre just moving the entrance to the front door so the staff has the ability to see who is coming and going. We have already started our practice with our basketball teams. The games begin next Monday and that is another reason we are pressing them to finish that gymnasium.
Mr. Osborn stated I thought we were using credit cards already. If not, we will be this year. We want to increase our ability to do e-commerce. We would like to be able to facilitate registration and sign-ups at the Community Center where you could do it on-line and pay on-line through credit cards. That is certainly something that we will be doing before the end of 2001.
Mayor Webster said Derrick covered the point I was going to make about whatís going to happen next week. In addition to the logistical problem of the staff being in the new front and the people coming in the back, I think it will also give the staff a chance to get accustomed to the flow of traffic.
Mr. Vanover said Iíve seen a trend increasing in electronic checks where you can call and order something and have the payment taken out of your checking account. Is there any possibility of that?
Mr. Osborn replied Iíve heard through another source that we are talking to a vendor right now. That may be a possibility but I donít want to commit to it until we know more. I donít think we want to be on the leading edge of that. We are certainly comfortable with the use of credit cards because that does give some reassurance to the customer as to the security of their transaction.
Law Directorís Report - Mr. Garry stated the City was involved in a lawsuit involving the Sam Burns property. That case went to trial. Mr. and Mrs. Burns were dissatisfied with the result. They appealed that decision to the First District Court Of Appeals and they have recently withdrawn their appeal and dismissed it with prejudice. The court has approved the entry so from the legal perspective in court that matter is entirely behind us.
Engineerís Report Ė Mr. Shuler said Iíd like to make a couple of comments about one of the items in the Capital Improvement Committee report that may or may not have registered with you when it was reported. Mr. Danbury reported that ODOT is looking at pushing the construction back a year from the time schedule we have been working on for the last six years on the CSX grade separation project. Up to a week ago we were working on the schedule and reported this schedule numerous times in public meetings, hearings and meetings with business groups, that the design would be done this year; that ODOT would be securing the right-of-way in the first half of next year. The project was then to go out to bid and be contracted in the third or fourth quarter of 2001 so that utility relocation could begin over the winter a year from now. Then the majority of the work of the grade separation would be done in 2002 and 2003 and be completed by the end of the construction season. We were at a general ODOT scheduling meeting and at that meeting, it was indicated that that project was scheduled for construction in 2003 and 2004. We questioned the ODOT officials about that and they said they didnít think they could get the right-of-way allocated so they are going to push the project back a year. This was the first time we had heard this and I have a number of concerns about that; the primary one being that when we are looking at a $10 million project, a one year delay could easily add $500,000 cost to that project. We have just gone through a process of applying for some additional funds still assuming the same construction schedule that had been approved by ODOT some years ago. Weíre in the process now of scheduling and meeting with them on the specific issue and we will be doing everything possible to get this project back on the schedule we had been led to believe was in ODOTís schedule. The reason I think itís important that we are all aware of this, is when you are asked about this, we donít want to continue to tell people itís going to be 02/03 and all of a sudden itís 03/04. We will keep you informed of our progress and meetings with them but this is a new development and I know you have all had questions of you about the project. Itís always been a high priority project for the City, one we have continued to push just as rapidly as time schedules and regulations have allowed. This is something that is new and I guess we are not ready to accept them just arbitrarily saying they are going to push it back a year because they donít have the time to acquire the right-of-way.
Mr. Squires said you mentioned one phrase, "adequate staff" necessary to secure the right-of-way. Can you explain that please?
Mr. Shuler replied in a project of this type the agreement that the City had with the Department of Transportation was that the City would provide for the design of the project under ODOT supervision. Those plans would be turned over to ODOT. ODOT would then acquire all the right-of-way necessary for the project and would bid the contract and oversee construction of the project. The first element of their responsibility is the right-of-way acquisition which was the six month process to go out and acquire the right-of-way as we do on projects that the City does based on the plans submitted and supplied to them. They are saying that either they have too much work for the size of the staff or theyíve cut back their staff to the point that they cannot keep it on schedule.
Mr. Squires asked are they receptive to our concerns about delaying this for a year, the costs we may incur?
Mr. Shuler answered we havenít had that meeting with them yet but I assure you they will be by the time we have that meeting.
Mr. Vanover said say our appeals fall on deaf ears at ODOT, what recourse do we have?
Mr. Osborn said we have the option of taking on the responsibility for right-of-way acquisition. There are some pros and cons to that. When we had this option before us, we elected to have ODOT do the right-of-way acquisition because they agreed to the schedule we put out. We have the option to take on responsibility for right-of-way acquisition which means we are going to incur the cost locally for the fees for the company we hire to negotiate on our behalf. We would also be subject to review by the same agency that doesnít have the time to do the acquisition themselves. We have to find out if they have time to even review our material. Itís a very stringent process when you start using federal funds and acquiring right-of-way on federally funded projects. There is a very specific schedule of first offer letters, second offer letters, third offer letters, so many appraisals, and so much negotiation that has to be documented for every piece of property. That is certainly still an option for us. Another would be to see if ODOT would contract for additional assistance and the City pick up that cost as well. Either we take it on fully as our responsibility and incur the cost or ODOT take on contractual assistance and we reimburse ODOT for contractual assistance. Weíd only want to do either of those two if it meant re-contracting the schedule back to its current 2002 and 2003 construction season.
Mr. Vanover asked would those costs be 100% local and no reimbursement?
Mr. Osborn replied at this point the overall right-of-way is 80/20. We already have a 20% commitment for the cost of right-of-way.
Mr. Shuler said the purpose of this first meeting with them is to discuss the Cityís displeasure that the project is being considered to be moved back a year, and then to explore all of the options that are available to us. Then we can come back and have a discussion on what options are available.
Ms. Pollitt asked how many right-of-ways are we talking about?
Mr. Shuler responded we are talking about the area on SR 747 from Progress Place to Crescentville Road. It would be all of the properties on both sides of SR 747 in that area. On the east side itís GE Employees Association. On the west side there must be 6-8 properties so itís not that many properties we are dealing with. The issue is that there are specific federal guidelines in right-of-way acquisition when using federal money and there are certain steps that you have to follow specifically.
Mr. Vanover questioned what would happen if the frontage of the GE property were sold after we negotiate?
Mr. Shuler answered if this is delayed extensively and there is a sale of parcels you are going to be dealing with new property owners. Thatís why weíd like to see this move forward before there are any changes
COMMUNICATIONS - none
COMMUNICATIONS FROM THE AUDIENCE
Mayor Webster said I would like to take this opportunity to welcome this good-ooking bunch of youngsters that are here. Iím sure theyíre from the high school meeting a class requirement.
ORDINANCE NO. 76-2000"AMENDING THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, OHIO, BY THE ADOPTION OF NEW ORDINANCES AND THE AMENDMENT OF EXISTING ORDINANCES FOR THE PURPOSE OF CONFORMING THE SPRINGDALE CODE TO NEW AND AMENDED SECTIONS OF THE OHIO REVISED CODE"
Mr. Galster made a motion to table and Mr. Vanover seconded. Ordinance 76-2000 was tabled with seven affirmative votes.
ORDINANCE NO. 77-2000 "ENACTING AND ADOPTING THE 1999 SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, OHIO"
Mr. Galster made a motion to table and Ms. Pollitt seconded. Ordinance 77-2000 was passed with seven affirmative votes.
ORDINANCE NO. 84-2000 "AUTHORIZING THE CLERK OF COUNCIL/FINANCE DIRECTOR TO PAY $22,000.00 IN FIRE INSURANCE PROCEEDS TO AL AND CAROLYN RAMSEY"
Mr. Danbury made a motion to have the emergency clause on Ordinance 84-2000 in order to make a payment on a financial commitment in a timely manner. Mr. Vanover seconded. The motion passed with seven affirmative votes.
Mr. Wilson made a motion to adopt and Mr. Galster seconded.
Mr. Osborn stated earlier this year the City received a check for $22,000 from State Farm Insurance Agency. They explained to the City that this was a deposit to be held by the City consistent with state law until the property in question was properly secured. We never encountered this before. This is the first time this has ever happened to the City. We have now been advised by the insurance agency that it is susceptible to being released and the Building Department feels the same way so we have a need to release this money to the insured, the Ramseys. However, we donít have a mechanism set up in our legislative code to do something like this. Since this money has initially been deposited into the General Fund we would like authorization to make a payment to the Ramseys consistent with the legislation you have before you this evening. As an extension of that, as I mentioned in my report earlier, there is another piece of legislation that I would like to raise for Councilís consideration. That would be an ordinance that would create another fund within the Cityís financial structure called the Fire Insurance Proceeds Security Fund. It would be established under Section 39.29 C and D of the Ohio Revised Code. Its purpose would be to handle transactions like this in the future. We would receive the money. It would be deposited in this trust fund, and with the release from the insurance company and the City, the money would go to the insured. The money is calculated under state law, based upon the insurance claim that has been approved. For every $15,000 in the approved insurance claim, $2,000 must be deposited with the City. The idea here is to protect the public from losses to the community that might be incurred cleaning up after a fire scene that was abandoned by the homeowner or where they drew down the insurance payment but didnít make proper restoration of the property. Weíve had that happen in the past. It got a little more complicated than the situation we have here where the Ramseys have a straight out fire loss and the damage has been repaired. We had another situation where we actually had to do the clean up and restoration of the property. It stayed vacant for quite some time. We assessed the cost back against the property. It was a very complicated and time-consuming process. We feel that this State Code section provides a good resource for our community in that it guarantees that someone who experiences a fire loss is going to promptly see that the property is taken care of for two reasons. One, to give us the mechanism to deal with this type of issue in the future and secondly, to give the City some guarantee that there will be funds out there to protect us from situations where the property owner may not take the appropriate steps to restore their property. For those reasons weíd like Council to not only approve Ordinance 84-2000, but at the next Council meeting hear the first reading of an ordinance creating another fund.
Mr. Wilson said Mr. Parham called me yesterday on this issue. I was not aware of the state code, primarily because I am in sales versus claims. My claims manager said there is a list that insurance companies have indicating which cities are aware of the state code. Our name wasnít on the list so Iím going to call him in the morning to find out whom we call to get on that list. State Farm is in the forefront of these things and they sent it out without looking at the state code but smaller companies may not be aware and throw the list out, and we may be losing some potential income.
Mr. Osborn said we have not had a loss at this point but also a requirement of the state code is that a copy be certified to the state insurance board and they provide that list to agencies doing business in the state.
Mayor Webster said this is really not income to the City. This would only be money that would stay in the City if we incurred some costs in the clean up or if we had to secure the property. Now, the only avenue we have is to send the property owner the bill. If they donít pay it we can assess it against the tax bill. In this case, weíre holding money from the insurance company and we could go against that money to reimburse ourselves. But it is not income for the City and I wouldnít want anyone to think we would profit from their misfortune.
Ordinance 84-2000 passed with seven affirmative votes.
Mr. Danbury said we vote for vice-president at the first December meeting. Itís a one year term. President is a two-year term.
Mr. Osborn said I am going to pass out a proposal from the Springdale Chamber of Commerce. The Springdale Chamber of Commerce is approaching the City about some financial assistance. They are looking at a situation where they will not be able to meet their budget in 2001 without some additional assistance so they have approached the City about that. In their proposal they have made several suggestions about funding options. The Administration has a recommendation for you on the proposal but I would like to get some reaction from Council. Would you want the executive director of the Chamber to appear before the next Council meeting to make a presentation or would you prefer to rely on our recommendation in response to their proposal.
Mr. Wilson said I would like to see the individuals be present at the next meeting so if we have any questions we can address them to her or him.
Mr. Danbury said I would encourage Council to give this a lot of consideration. We never had anything like this until the Mayor and Mr. Osborn started this up. This is a good opportunity to get something going with the various businesses. The Chamber could be very instrumental in trying to educate people as to how the CSX grade separation is going to impact the City as far as traffic. I think we need to support this as much as possible. This could be very vital to the economic security of the City.
Mrs. McNear said maybe we should have the representatives from the Chamber here as well as your recommendation.
Mayor Webster said since we are going to have them here, why donít we have them prepare a presentation so you can get the full effect of it.
Mrs. McNear reported Costco has applied to bring in a liquor license. There were no objections from Council.
Mrs. McNear stated I have received a call from Mr. Burkholder at Maple Knoll and he has requested to come in at the next meeting to give a presentation.
Mrs. McNear asked Mr. Squires, would you be willing to be our representative on O-K-I again?
Mr. Squires replied I have a nice contract with a private school. Most of these O-K-I meetings have been occurring during lunchtime hours and that is just about the time I am on duty. I can attend some of the night meetings but I am finding it impossible to attend all of these meetings.
Mr. Wilson said I would share that responsibility with Mr. Squires.
MEETINGS AND ANNOUNCEMENTS
Board of Zoning Appeals - November 21
Finance Committee - December 5
COMMUNICATIONS FROM THE AUDIENCE - none
Mr. Danbury made a motion that Council go into executive session as a meeting of the whole to discuss land acquisition. Mr. Vanover seconded. The motion passed with seven affirmative votes.
Council went into executive session at 8:28 p.m.and reconvened at 9:14 p.m.
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Ordinance amending Springdale Zoning Code - TBD
Ordinance 76-2000 - December 6
Ordinance 77-2000 - December 6
Amending Springdale Income Tax Regulations - December 6
Contract with CDS Ė Springdale Pike Streetscape - December 6
Ordinance for renewal of IBI contract - December 6
Ordinances for change orders for prime contractors- December 6
Creating Community Center Debt Fund - December 6
RECAP OF LEGISLATIVE ITEMS REQUESTED
Resolutions for Board of Health Appointments (2) - December 6
Legislation to extend disability for Officer Noble - December 6
Ordinance for creating Fire Insurance Fund - December 6
Public Hearing for Mikeís Carwash - January 3
Public Hearing for Springdale Plaza - January 3
Council adjourned at 9:19 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council