President of Council Randy Danbury called Council to order on October 20, 1999, 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, Manis, McNear, Pollitt, Vanover, Wilson and Danbury.
The minutes of October 6, 1999 were approved with seven affirmative votes.
Committee and Official Reports
Rules and Laws no report
Public Relations no report
Public Health, Safety & Welfare no report
Public Works Ė Mr. Vanover reported that the work for all the areas of Beacon Hills, Oxford Hills and Allen Avenue has been completed. The only outstanding issue is the pavement repair on SR 747 and I-275 and that is expected to take place in early November.
Public Utilities no report
Capital Improvements Ė Ms. Manis stated that the West Kemper Road Phase II storm sewer installation has been completed to Kenn Road. Final restoration including yard and driveway work is underway in this area. Work on the eastern portion of the storm sewer is underway and is anticipated to be substantially completed by early November. At the Police Department the HVAC Phase II project is in progress. This includes the boiler and ceiling demolition. The boiler and heating ventilation unit have been delivered and the air handler unit will be delivered by mid November. At the Community Center, the ball field lighting fixtures are on site and work is underway. It is expected that this should be completed by the second week of November.
Finance Committee Ė Mr. Wilson reported that they will meet October 26 at 7:00 p.m.
Planning Commission Ė Mr. Galster said Sports Therapy, 11729 Springfield Pike, requested approval of a landscape plan for some trees they had taken down. We have asked this applicant to work with Ms. McBride to come up with an acceptable solution. We hope to hear that that is resolved by the next meeting.
White Castle requested approval of a proposed parking lot at the corner of West Kemper Road and Springfield Pike. This was tabled 6-0. Dave and Melody Langford, 11673 Harmony Avenue, requested a second driveway on a residential lot. This was removed from the agenda by a 6-0 vote as there was no representation by the applicant.
The next item was approval of a revised building elevation of Gold Star Chili, 11551 Springfield Pike. They had submitted a paint chip and had painted the building a different color than what was submitted. There was a motion to require them to repaint the building and that passed 5-1.
Darden Restaurants requested final plan approval for Northwest Business Center Subdivision, Pictoria Island for Bahama Breezeís restaurant, 325 North Commerce Way. After a lot of discussion and fixing up the back side of the building that faces Showcase Cinema that was approved 6-0.
Board of Zoning Appeals Ė Mrs. McNear reported that they met last evening. David E. Houston, 11917 Lawnview Avenue, requested a variance to allow him to place a shed 3 Ĺ feet from his property line. He had two mature trees and he didnít want to cut them down. That was passed 7-0. Glen R. Bauman, Jr., 260 West Kemper Road requested a variance to allow the construction a 224 square foot pole barn. He ended up with a 16í x 14í barn that would be stained and it would have an overhead garage door rather than the swinging doors that he had originally requested.
Otis Poindexter, 563 Lafayette Avenue requested a variance to enclose his existing front porch. It would have several large windows and a gable roof and they were going to extend a little roof over part of their driveway. It would be a masonry finish. This passed 7-0.
Catherine Kauffman, 11831 Ramsdale Court requested an extension of a variance to permit a dog grooming business in her residence. This was before the board in 92, 93, 95 and 97. The variance was continued for two years.
Rosemary Chandler, 11657 Van Cleve Avenue, requested a variance allowing the placement of an air conditioning unit closer than seven feet from the side lot line. Itís a corner lot with a built in swimming pool in the back yard. On the other side of the back yard there is going to be a room addition. It was approved 6-1 to allow the air conditioning unit to be in the side yard. It is on the neighborís garage side.
Thomas Heckman, 11551 Madison Avenue, requested a variance to allow a 6 foot by 16 foot addition to a utility building. This had already been constructed. The building which Mr. Heckman considered a garage already existed when he moved in. He did the addition which is very nicely done. He didnít have a variance because he didnít know he needed one. We asked that he plant some evergreens to break the appearance of the storage building.
Calvary Pentecostal Church, 11970 requested a variance to allow the construction of a 125 square foot ground sign facing I-275 and a 40 square foot sign at Kenn Road. They are allowed to have one sign but this is a 20 acre site. Their entrance is on Kenn Road but you see more of the church from the expressway. We ended up with a 45 foot square sign on Kenn Road and a 32 foot by 5 foot externally lit sign on I-275. This passed 7-0.
Tri-County Furniture, 11101 Springfield Pike requested a variance to allow outside storage of a 55 gallon drum. This item was tabled.
Princeton Properties requested a variance for the 450 parking spaces and a set back for the dumpster enclosure for their three-story addition at 100 Merchant Street. Planning asked that they eliminate 14 parking spaces to allow for more green space. We allowed for 435 parking spaces and the dumpster to be located one foot from the property line because it was a better location than the original location.
Board of Zoning Appeals (September meeting) Ė Mr. Wilson said Gary and Phyllis Burkhoffer, 1254 Wainwright Drive, requested a variance to allow the conversion of a 9 foot by 8 foot storage space in the garage area to be converted to a living area. This was approved with the provision that the front have a large glass window and matching brick. This passed 5-0.
David E. Houston, 11917 Lawnview Avenue, requested a variance allowing him to place a shed 3 Ĺ feet from the property line. This was tabled.
Holly Todd, 366 Peach Street, requested a variance to allow her not to rebuild her garage. The garage that was there was falling down and most houses in that area do not have a garage. She indicated that she would be putting in a pad for the parking of two vehicles. There were residents there who opposed this, one with a signed petition. We thought about it a lot but granted the variance 6-0.
Charles Shetner, 11817 Neuss Avenue, requested a variance to allow the construction of a sun roof to extend 26 feet from the rear property line. This was approved 5-0.
Dawn Seltzer, 255 Harter Avenue, requested a variance to allow the placement of a shed three feet from the property line. This was approved 6-0.
Glen Bauman, 260 West Kemper, wanted the construction of a 380 foot pole barn in his back yard. The pole barn was almost the size of his house. He agreed to table it and came back last night with a new design and agreed to downsize it.
Board of Health Ė Ms. Pollitt said they had the second reading of Resolution R2-1999, repealing Resolution 174. New resolutions are already on the books that would allow this to be repealed. The board had a first reading of Regulation R3-1999 for a slight increase in the food service/vending licenses beginning in March 2000.
Civil Service Commission no report
O-K-I no report
Mayorís Report Ė Mayor Webster said the annual Halloween party will be held at the Community Center on Sunday, October 31 from 2 Ė 4 p.m. Trick or treating will be from 6 to 8 p.m. We urge the children and parents to be careful. The previous night is the time change so it will be dark. If you are driving through our city please slow down and watch out for the ghosts and goblins.
Mayor Webster asked Mr. Parham to give an update on the Community Center,
Mr. Parham reported that the project has been moving along at a faster pace that it probably started earlier in the year. We have had a number of challenges, from utilities to masonry to the installation of the running track, but we continue to work on those. A lot of the gymnasium structure is coming along. The bricklayers have been laying the brick on the side closest to the tennis courts. They are beginning to bring the brick up to its necessary height, then will install a band and the glass to look outside of the building above the band. The brick that came in was larger than what was specified in the order. However, you would really have to look hard to see where they have made cuts to the brick fit. The contractor was scheduled to pour the concrete slab this week in the mechanical room and storage room off the gymnasium. It will be a little time before they pour the slab in the gymnasium because they are in the process of installing the running track. There are steel braces that hang off the wall that support the running track. In the initial installation of the first three of those braces the inspectors noticed a number of cracks. The contractor hired a consultant to evaluate the installation process and procedures of the braces. It was determined that those cracked braces had to be removed and re-installed. They have since removed those three braces and are putting the balance of the braces in. If you recall the design of the building, before you get into the building, there will be a court yard area with a trellis hanging at the top. They have started to install the footers in that area. They have also started installing the plumbing in the new restroom area.
One of the challenges we faced with this project, is the fact that we are constructing a tremendously huge building on a very small site. All of the contractors have trailers on the site. The problem is that the trailers are locating in areas where construction of the utilities and light poles are to occur. The group continues to run out of space to re-locate these trailers.
Ms. Manis asked when there are mix ups on the bricks, etc., do we get a discount?
Mr. Parham replied that the architects and engineers have put together specifications that identify the size of bricks to use on the project. The contractor then places the order for the bricks and the manufacturer creates and delivers the order. The architects say that there is an allowable plus or minus for the manufacturer to provide the brick. Unfortunately, in our case there are no minuses, only pluses. We have told the contractor that the City will not bear any cost for this. The contractor will not send the bricks back. Instead it will require that they make cuts to the bricks to make them fit properly. This calls for additional labor for the contractor and he will be looking to pass that cost back to the manufacturer.
Ms. Manis remarked that they are working on the inside too.
Mr. Parham responded that if you recall, there is an opening on the outside in the pool area. This is the location which is scheduled for the new swimming pool restrooms. That work was scheduled to take place during the first of 2000. The contractor has requested to start that work early. We have agreed to allow them to start the work early. They have also begun to work in the current storage area where the temporary equipped exercise room will be located. The water heater will also be located in that room on a more permanent basis. They are constructing the area where the water heater will be located. A number of other utility lines (gas and water) are being installed back in that area.
Ms. Pollitt asked how much are we on the plus side of the bricks? Will there have to be two cuts on the bricks? What is the lead time on returning those?
Mr. Parham replied in some cases there will only have to be one cut. To return the bricks would probably have put this project back to late fall 2000, if not later.
Mr. Danbury said it seems like the roof on the new double gym seems so low.
Mr. Parham replied the track is twelve feet off the ground. Mr. Shuler stated I think the reason it looks low is just because the sheer size of the building. You donít realize the height because the mass is so large.
Mayor Webster said the challenge is to get this building boarded up and under roof before the bad weather hits. To return the bricks would have been a long setback. They are vast approaching some important benchmarks that have to be met to meet the overall project deadline.
Clerk of Council/Finance Director Ė Mr. Knox thanked Mrs. McNear for filling in for him while he was away.
Administratorís Report Ė Mr. Osborn said in late August we adopted an ordinance authorizing an LTIP application for the East Kemper Road improvements. One of the projects that we had anticipated would be part of the LTIP application program was the East Crescentville Road that we are doing jointly with Sharonville and Butler County. During that period we were having some design issues with Butler County over the characteristics of the road. As a result, none of us in Hamilton County thought we would get those resolved in time to go through an LTIP application for the year 2000. That has turned out not to be the case. About four days prior to the deadline for the LTIP funding application, Butler County conceded on the design issues that were critical to us and also indicated that they wanted to go forward with the schedule we initially had discussed the previous year; that is, to apply for funding in 2000 and 2001. As a result of the movement by Butler County, we went ahead and put together an application for Crescentville Road for 2000 and 2001. We will have to have an ordinance from Council, just as we did for the East Kemper Road project. The Hamilton County Engineerís Office, who handles our LTIP funding process, said that we could file the application and bring in an ordinance in November supporting the application. I would like Council to consider the ordinance that would authorize the application for LTIP funding. We are talking about a three lane main road that would be on Butler Countyís side of the corporation line. There would then be a fifteen foot mounded, landscaped median that would be on the corporation line and a service road on the residential side of the project. The overall cost of the project is estimated to be $3,135,300. Butler Countyís share of the project is estimated to be $2,288,300. Springdale is responsible for 75% of Hamilton County's share at $626,000, and Sharonville would be responsible for $220,000. We are applying for an 80% LTIP, 20% MRF fund match on this project, which means we would not be putting any local money into the cost for the construction. We will have other expenses related to landscaping. The mounding and the sprinkler system for the mounding will all be in the project, but the landscaping will be done on a community basis. We seem to be getting a lot of good support from the County Engineerís Office as well as the Commissionerís Office on this and I do want to thank Mr. Dowlin, County Commissioner and Ted Hubbard, Deputy County Engineer for their assistance in first helping us resolve our design issues with Butler County, and also allowing us to expedite an application for this project so we donít have to delay it any longer.
Mr. Osborn continued as Iím sure you may recall, our community was founded in 1806. John Baldwin platted the village. It retained its identity over all those years but it was not incorporated into a municipality until 1959 when residents of this area went to the polls and adopted the measure to incorporate as a village. This November marks our fortieth anniversary as a municipality. We are proposing to celebrate that anniversary on November 14. We picked that date because we are not into the holiday season yet but it keeps us in the month of the anniversary of the Cityís incorporation. The celebration will be held in the City building on Sunday, November 14, from 3 p.m. to 5 p.m. We intend to invite all the elected officials and all board and commission members that we can identify from the inception of the City. Iím sure weíre going to miss somebody so if someone you know fails to get an invitation it was not by intent. You can imagine trying to dig up all those names trying to come up with as many names as we can. We are also inviting the County Commissioners and our State officials. We are also inviting our current and former employees and of course, this is open to the public. We want to take the opportunity to mark a historical point in our history. Now is better than ten years from now. Recently we have been losing some of the original founders of our community and it would be nice to thank them while they are still available to us. We will have refreshments catered. We will have chamber music and a display of historical photos and memorabilia. And again, I would appeal to anyone who may have old photos of the City or historical documents that they would like to lend to us, to contact the City and we would treat them with the utmost care. I think this collection will add a lot to this day because we will be able to look at how some of us looked twenty and thirty years ago and see old faces we havenít seen in a while. I think it will be a real great event and we are hoping to get a good response from our former officials to make this a very worthwhile event. If you attended the re-dedication of Underwood Park you got a flavor of the type of event that we want to do. We donít want a big presentation where we have some dignitary come in and bore us to death for half an hour with a speech. We really want a format with a wireless mike where we walk through the crowd and get some of the older residents and founding fathers to reminisce about their service with the City. I would encourage everyone to put that on your calendar and start getting the word out.
Mrs. McNear said on the Crescentville project we talked about the three lanes more towards the Butler County side. Some of those buildings are very close to the street and it looks like it would take out some parking lots. Whatís the plan for that?
Mr. Osborn said that project called for a five lane expansion and I think thatís what generated the problem we had in that we have sufficient right-of-way on our side because the right-of-way goes into the residentsí homes fifteen feet behind the sidewalk. It was our position from day one that we would only make so much right-of-way available, that is back to the back side of the sidewalk. We would not penetrate that right-of-way that makes up the peopleís front yards. When Butler County started looking at their side they found out they didnít have room for five lanes and they wanted to shift the road seven to eight feet to the south. Weíve held the line on that and the solution was to reduce the project from a five lane road to a three lane road. With that three lane road it will still be tight. They still need right-of-way and there will probably be some displacement of parking, but to my knowledge it will not have to affect any structures.
Mayor Webster said the most frustrating thing about this is when we first started talking about this project, had we been able to get everyone to go forward then, they could have built the five lane road. Itís some recent structures that have gone up there that are prohibiting the County from building the five lane road. As soon as we saw footers going in we contacted the Butler County Engineerís Office and they said no problem. They found out there was a problem when they tried to plot the road in there.
I have another comment regarding the celebration. We want to make sure that the widows and widowers of any of our founding fathers, Council people or board members also get an invitation.
Ms. Manis said the Crescentville Road project is huge for those residents over there. I personally am glad they can only put a three lane road in because I donít think there is a need for five, especially with International Boulevard and the Butler County Regional Highway. When will construction start on this?
Mr. Osborn said we will be talking design this year, right-of-way acquisition in 2000, construction in 2001/2002. This is still very tenuous. We have essentially agreed on how weíre going to apply for funding and I think we have a very supportive Hamilton County Engineerís Office that appreciates the need for this project, but it still has to go through the same scoring project as every other project. It canít get any special favoritism. Hopefully, given the complexity of the application, involving three jurisdictions and the type of project it is, it will help us score a little better.
Ms. Manis asked if the Engineer position is an elected position. Mr. Osborn responded Bill Brayshaw is our County Engineer and I didnít mean to slight him. Tedís position is an appointed position. Dean Foster is the elected Butler County Engineer.
Ms. Manis asked if that position should change before the project is built out, is there no backing out?
Mr. Osborn replied you can always back out, even after you get funding. I would hope this project has enough momentum that it would continue. It was being discussed before Mr. Foster became County Engineer. Iím hoping there will be continuity in support for this project.
Ms. Pollitt asked for an update on the corrals we talked about a while ago.
Mr. Osborn answered we had a problem with the company we ordered them from. We ordered the metal work from a fabricator. They kept promising date of delivery. When they were fabricated I think he inspected them and found them to be inadequate so they had to be re-fabricated. They are on order and we anticipate delivery in the near future. The pads will be put in and we anticipate doing the project this fall.
Law Directorís Report Ė Mr. Schneider said in the Burns matter we had a challenge by Sam and Eleanor Burns and Corky Valentine as to the right of the City to take the property and we successfully argued against that. A decision was made in favor of the City of Springdale with regards to the necessity. The court concluded that the defendants have not presented sufficient evidence or arguments opposing the rights of the City of Springdale to make the appropriation or regarding the inability of the parties to agree. Therefore, the court hereby determines in favor of the plaintiff, the City of Springdale on all issues permitted to be raised by the defendants pursuant to Section 163.09 of the Code. The court further hereby orders that this matter be set for the assessment of compensation for the taking of said property by a jury. The court has set a pre-trial hearing in December and a trial date in February.
Engineerís Report no report
Mr. Knox read a letter from the Ohio Department of Rehabilitation and Correction addressed to Springdale City Council: "As part of the effort to upgrade jails in Ohio the Bureau of Adult Detention conducted a review of the Springdale City Jail on August 24, 1999. The inspection was based on a group of twenty-five standards contained in The Minimum Standards for Jails in Ohio focusing on mail, visitation programs and grievances. This is to advice you that our findings have been mailed to Chief Michael Laage. The jail received 100% compliance this year. If you would like a copy of the findings please contact the bureauís office. Charles E. Bailey, Bureau of Adult Detention"
COMMUNICATIONS FROM THE AUDIENCE
Howard Iskyan, 10541 Heathercrest, Evendale, Ohio said I am here to represent my wife, Martha Iskyan who is a candidate for the Princeton School Board. The first characteristic of my wife is that she is very passionate about the children of the district. She has a Ph.D in education and counseling. She is currently a professor in the Business Department at Thomas Moore. She is an inspector and evaluation of community colleges for the State of Education. She has seven years of school board experience. We came here because of my daughter because we believe that Princeton offered a superior academic program in an atmosphere that would help her survive in the modern world. Since she has been a school board member proficiency tests have dramatically increased; fifteen of 27 standards established by the state have been met. The curriculum is currently being aligned to get better scores and school board meetings are more public than they have ever been.
Mr. Danbury said this building was built many years ago and we have a time capsule with nothing in it. Since the year 2000 is coming up I think it would be a great opportunity for us to put something in there such as our Charter and history. It would be nice to have pictures of our currently seated Council as a whole as it is right now and again after the election. We can go to the community and see what ideas they have for the time capsule. Itís a small capsule and we canít put a lot in it. Letís try to do it by the end of the year.
Mr. Osborn said the process really bogged down when we started talking about what to include in the capsule. Ultimately the project was just dropped. We do have the cavity behind the plaque and the box fabricated that can be assembled and sealed. I suggest that if this is going to happen that Council select a group or person to own the project and bring a recommendation back to City Council as to what the contents might be. When you start thinking about all the potential items you could include, you have to leave something out. I certainly think we have the capability to do it and the millennium is a good time. I just think we put some structure into how we organize getting it done.
Mr. Danbury said I will take it and people can throw out suggestions. Everybody sitting up here should have some input and then we will try to narrow it down on a list. It would be neat to have things that are going on in the world right now.
Mr. Danbury said I received a copy of a letter that was sent from the Board of Elections stating that the primary election in the State of Ohio will be held on March 7, 2000. There will be no elections held in February or May of that year. If we want to put any issues on the ballot they need to be submitted by the end of this year.
Mayor Webster asked were we able to contact the Charter group and have them look into the redistricting issue?
Mr. Danbury replied I did contact Mr. Sullivan and told him the overview of what we were doing. I contacted him twice and asked him to contact Mr. Osborn. I will call him again.
Mr. Danbury said we have two liquor license transfers. One is from Springdale Hotel Limited doing business as Best Western Springdale transferred to Day Springs Corporation. It appears that it is just a name change. There were no objections.
Route 4 Incorporated Wok & Roll wants a D-1 license, beer only on the premises and carry out in sealed containers until 1 a.m. This appears to be a new license. There were no objections.
Mr. Vanover said weíve had a number of businesses in wanting licenses. Where did this license come from?
Mr. Osborn stated typically there is a long waiting list for each type of license and as one becomes available the person at the top of the list pays a minimal cost to pick up the license. When you have a project coming into town like Bahama Breeze who canít wait 2, 3, 5 or 10 years for a license to become available, thatís when the economic development side of this becomes appropriate to consider.
Mr. Galster said there are six licenses available. Five are issued and one is open. This application is from March 16, 1998. I checked out the web site for the Ohio Liquor Control Board. They meet four times a year for general venting of anger, frustration, etc. regarding their general policies. I think there is a meeting in December in Columbus. There are three commissioners on that board and one is Janet Howard. If anybody is interested in pursuing his/her grievances, he/she might not have a better chance than right now.
MEETINGS AND ANNOUNCEMENTS - none
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Zoning regulation - open
Urban County Community Development Grant - next meeting
RECAP OF LEGISLATIVE ITEMS REQUESTED
LTIP funding for Crescentville Road - next meeting
Possible resolution for jr. high soccer team - next meeting
Annual resolution accepting rates by Budget Comm.- next meeting
Mr. Parham said at the last Council meeting Mr. Danbury spoke about a letter the City had received from the City of Pickerington relative to anti-annexation legislation. They refer to H.B. 98 and asked a number of communities to draft legislation in opposition of the bill. I had a chance to speak with Mr. Ed. Albright of the Ohio Municipal League and also attended a presentation five or six weeks ago by their Executive Director, Sue Cave and Legal Counsel, John Gotherman, and others. In essence H.B. 98 has information relative to annexation within the bill. However, it really does not carry the weight that the City of Pickerington has offered. Sue Cave indicated to the group that any existing bills or previous bills that had come out of the House no longer carried any value and were no longer being considered. The Speaker of the House indicated that the House had adopted on two separate occasions, bills bringing about major changes to the annexation policies as they exist today and they were defeated or did not continue in the Senate. In her opinion there will be no other bills originating out of the House. The legislative committee for the state legislature is looking at a bill that is out there but the Municipal League has indicated that they are not sure what is going to come of it. The leadership of both the House and Senate have asked the Ohio Municipal League and the Ohio Township Association to come together and attempt to establish some compromise. That directive was given to them in the beginning of 1998 with a deadline of December 1998. There was no resolution and the committees continue to work. The Municipal League indicated that they would not suggest that we adopt the legislation suggested by the City of Pickerington. Instead if we had some interest in adopting legislation it would be something in a more generic form because there is no bill to speak to. They would simply suggest, if we want to take that position, that we adopt legislation opposing any drastic changes to the existing annexation policies.
Mr. Osborn said we also had an opportunity today to talk to Mr. Dave Feoll, field representative for the Ohio Municipal League and I asked him about doing something generic as opposed to the Pickerington resolution. I asked him if it is very likely that this joint committee on any compromise legislative document bogs down or fails, will the Municipal League start lobbying for our support to bring pressure on the legislature through adoption of resolutions and he thought it probably would? So, his suggestion was to hold off until the Municipal League as a group asked us to join them in bringing our concerns to the attention of the legislature.
Council adjourned at 8:20 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Randy Danbury, President of Council