BLUE ASH CITY COUNCIL. May 22, 2014

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Page 1 1. MEETING CALLED TO ORDER A regular meeting of the Council of the City of Blue Ash, Ohio, was held on. Mayor Lee Czerwonka called the meeting to order in Council Chambers at 7:00 PM. 2. OPENING CEREMONIES Mayor Czerwonka led those assembled in the Pledge of Allegiance. 3. ROLL CALL MEMBERS PRESENT: ALSO PRESENT: Vice Mayor Tom Adamec, Councilman Rick Bryan, Councilman Robert Buckman, Councilman Marc Sirkin, Councilwoman Stephanie Stoller, Councilman James Sumner, and Mayor Lee Czerwonka City Manager David Waltz, Solicitor Bryan Pacheco, Clerk of Council Jamie Eifert, Assistant City Manager Kelly Harrington, Treasurer Sherry Poppe, Parks & Recreation Director Chuck Funk, Public Works Director Gordon Perry, Fire Chief Rick Brown, Police Chief Paul Hartinger, Administrative Assistant Karla Plank, NESL Marika Lee, and interested citizens. 4. APPOINTMENT OF PERSON(S) TO READ ORDINANCES IN FULL IN REAR OF COUNCIL CHAMBERS Mayor Czerwonka appointed Kelly Harrington to read the legislation (ordinances) in their entirety in the rear of Council Chambers. 5. ACCEPTANCE OF AGENDA Councilman Buckman moved, Councilwoman Stoller seconded to accept the agenda. A voice vote was taken. All members present voted yes. Motion carried. 1. MEETING CALLED TO ORDER 2. OPENING CEREMONIES 3. ROLL CALL Clerk of Council Jamie K. Eifert 4. APPOINTMENT OF PERSON(S) TO READ ORDINANCES IN FULL IN REAR OF COUNCIL CHAMBERS 5. ACCEPTANCE OF AGENDA 6. APPROVAL OF MINUTES a. Regular Meeting of May 8, 2014 7. COMMUNICATIONS a. Communications to Council Clerk of Council Jamie K. Eifert b. Reports From Outside Agencies 8. HEARINGS FROM CITIZENS 9. COMMITTEE REPORTS a. Public Works Committee, Marc Sirkin, Chairperson 1. Ordinance No. 2014-38, awarding bid for 2014 Paving Program 2. Ordinance No. 2014-39, amending Ordinance No. 2013-54 regarding the Carver Road Rehabilitation Project b. Planning & Zoning Committee, James W. Sumner, Chairperson 1. Ordinance No. 2014-36, approving zoning map amendment to rezone former Blue Ash Airport land to M-1 Office-Industrial 2. Ordinance No. 2014-37, approving zoning text amendments to remove airport restrictions from the Zoning Code c. Public Safety Committee, Stephanie Stoller, Chairperson 1. Ordinance No. 2014-40, authorizing the purchase of hydraulic rescue tools 10. MISCELLANEOUS BUSINESS

Page 2 11. EXECUTIVE SESSION a. PERSONNEL MATTERS to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official. 12. ADJOURNMENT 6. APPROVAL OF MINUTES Councilman Bryan moved, Councilman Sirkin seconded to approve the minutes of the regular meeting of May 8, 2014. A voice vote was taken. All members present voted yes. Motion carried. 7. COMMUNICATIONS a. Communications to Council There were no communications presented to Council. b. Reports From Outside Agencies There were no representatives from outside agencies present at the meeting. 8. HEARINGS FROM CITIZENS Peter Nord, Kenridge Lake, informed Council that he would not be attending the June 12 th Council Meeting as it is opening night for the Cincinnati Opera Season. Hearings from Citizens was declared closed at 7:03 PM. 9. COMMITTEE REPORTS Prior to the Council meeting, Council members received the following report describing agenda items: This memo offers a brief description of the topics included on the May 22 nd Council agenda. 9.a.a. Ordinance No. 2014-38 awarding bid for 2014 Paving Program Bids for the 2014 Paving Program were advertised in the April 30, 2014 Northeast Suburban Life- Press. Three bids were received and publicly opened and read aloud on Tuesday, May 13, 2014. Administration is recommending Council authorize an award to the low bidder, Barrett Paving Materials, Inc. for unit prices as shown on the bid summary. We are recommending the award include the base bid and alternate 1 which meet the budgeted allotment for this work. The bids were very close to the engineer s estimate. A summary of this year s paving program is shown below: Asphalt milling and base repair: Ashfield Drive, CEI Drive, Deerfield Road, Old Plainfield Road and Techwoods Circle. Alternate No. 1 Asphalt milling and base repair at the intersection of Kenwood Road/Glendale-Milford Road/Pfeiffer Road to intersection of Kenwood Road/Cornell Road Alternate No. 2 Asphalt milling and base repair: Millington Court. Please direct any questions regarding this ordinance to the Public Works Director. 9.a.2. Ordinance No. 2014-39 Amending Ordinance No. 2013-54 relating to the Carver Road Rehabilitation Project Ordinance No. 2014-39 amends Ordinance No. 2013-54 relating to the Carver Road Rehabilitation Project. This change order addresses the need to add wing walls on the newly installed head walls for better catch flow. The Sunesis Construction Co. was the successful bidder for the rehabilitation of Carver Road and the City has been pleased with the outcome of the project. Therefore, to maintain continuity with the existing rehabilitation and with the Sunesis Construction Co. still being on-site, it would be more cost effective to add the additional to the scope of work. Please direct questions regarding this ordinance to the Public Works Director. 9.b.1. Ordinance No. 2014-36 approving zoning map amendment to rezone former Blue Ash Airport land to M-1 Office-Industrial This Ordinance will rezone all of the former Blue Ash Airport land to the M-1 Office Industrial District. The property contains Summit Park and the 98.667 acre parcel owned by the City of Cincinnati. A public hearing and first reading of this ordinance was held on May 8, 2014. Please direct questions regarding this ordinance to the Community Development Director, Dan Johnson.

Page 3 9.b.2. Ordinance No. 2014-37 approving zoning text amendments to remove airport restrictions from the Zoning Code This Ordinance removes Zoning regulations that applied to airport facilities and that limited development in the immediate vicinity of the airport. Since there are no longer any airport facilities in Blue Ash, there is no need for the regulations. A public hearing and first reading of this ordinance was held on May 8, 2014. Please direct questions regarding this ordinance to the Community Development Director, Dan Johnson. 9.c.1. Ordinance No. 2014-40 authorizing the purchase of hydraulic rescue tools Bids were recently solicited by the Fire Department for the purchase (including installation) of budgeted hydraulic fire rescue equipment. The bidding opportunity was advertised in the Northeast Suburban Life Press on April 9, 2014 and April 16, 2014; and bids were opened on April 23, 2014. The bid received from Howell Rescue Systems matched the specifications and requirements, and the Fire Chief recommends acceptance of this bid for a total ordinance threshold of $57,706. This amount would include purchase and installation of the equipment, and a trade-in value for existing equipment. Please direct questions regarding this ordinance to the Fire Chief. a. Public Works Committee, Marc Sirkin, Chairperson Councilman Sirkin asked the Clerk to read Ordinance No. 2014-38 by title only. ORDINANCE NO. 2014-38 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE 2014 PAVING PROGRAM FOR THE UNIT PRICES AS SHOWN ON THE ATTACHED BID SUMMARY; AND DECLARING AN EMERGENCY Councilman Sirkin moved, Councilman Sumner seconded to suspend the rules of Council requiring a second reading of the ordinance. The Clerk called the roll. Councilpersons Adamec, Bryan, Sirkin, Stoller, Sumner, Buckman, and Mayor Czerwonka voted yes. Seven yeses. Motion carried. Councilman Sirkin moved, Councilwoman Stoller seconded to adopt Ordinance No. 2014-38. In answering Councilwoman Stoller s question regarding the completion date for the paving program, Public Works Director Gordon Perry responded that there will be a meeting with the contractor to discuss schedules. There being no further discussion, the Clerk called the roll. Councilpersons Bryan, Sirkin, Stoller, Sumner, Buckman, Adamec, and Mayor Czerwonka voted yes. Seven yeses. Ordinance No. 2014-38 passed. Councilman Sirkin asked the Clerk to read Ordinance No. 2014-39 by title only. ORDINANCE NO. 2014-39 AMENDING ORDINANCE NO. 2013-54 RELATED TO THE CARVER ROAD REHABILITATION PROJECT TO ADD WING WALLS ON THE CONCRETE HEADWALL; AND DECLARING AN EMERGENCY Councilman Sirkin moved, Councilman Buckman seconded to suspend the rules of Council requiring a second reading of the ordinance. The Clerk called the roll. Councilpersons Sirkin, Stoller, Sumner, Buckman, Adamec, Bryan, and Mayor Czerwonka voted yes. Seven yeses. Motion carried. Councilman Sirkin moved, Councilman Bryan seconded to adopt Ordinance No. 2014-39. There being no discussion, the Clerk called the roll. Councilpersons Stoller, Sumner, Buckman, Adamec, Bryan, Sirkin, and Mayor Czerwonka voted yes. Seven yeses. Ordinance No. 2014-39 passed.

Page 4 b. Planning & Zoning Committee, James W. Sumner, Chairperson Councilman Sumner asked the Clerk to read Ordinance No. 2014-36 by title only. ORDINANCE NO. 2014-36 APPROVING A ZONING MAP AMENDMENT TO REZONE FORMER BLUE ASH AIRPORT LAND TO M-1 OFFICE- INDUSTRIAL (HAMILTON COUNTY AUDITOR PARCELS 612-0120-187-00, 612-0120-188-00, 612-0120-0189-00) Councilman Sumner stated that the first reading of Ordinance No. 2014-36 was read aloud at the May 8, 2014, Council meeting. Councilman Sumner moved, Councilwoman Stoller seconded to adopt Ordinance No. 2014-36. There being no discussion, the Clerk called the roll. Councilpersons Buckman, Adamec, Bryan, Sirkin, Stoller, Councilman Sumner, and Mayor Czerwonka voted yes. Seven yeses. Ordinance No. 2014-36 passed. Councilman Sumner asked the Clerk to read Ordinance No. 2014-37 by title only. ORDINANCE NO. 2014-37 APPROVING ZONING TEXT AMENDMENTS TO REMOVE AIRPORT RESTRICTIONS FROM THE ZONING CODE Councilman Sumner stated that the first reading of Ordinance No. 2014-37 was read aloud at the May 8, 2014 Council meeting. Councilman Sumner moved, Councilman Buckman seconded to adopt Ordinance No. 2014-37. There being no discussion, the Clerk called the roll. Councilpersons Bryan, Sirkin, Stoller, Sumner, Buckman, Adamec, and Mayor Czerwonka voted yes. Seven yeses. Ordinance No. 2014-37 passed. c. Public Safety Committee, Stephanie Stoller, Chairperson Councilwoman Stoller asked the Clerk to read Ordinance No. 2014-40 by title only. ORDINANCE NO. 2014-40 AUTHORIZING THE CITY MANAGER TO AWARD A BID FOR THE PURCHASE AND INSTALLATION OF HYDRAULIC RESCUE EQUIPMENT FOR THE FIRE DEPARTMENT AND AUTHORIZING THE SALE OF THE OBSOLETE/SURPLUS EQUIPMENT; AND DECLARING AN EMERGENCY Councilwoman Stoller moved, Councilman Sumner seconded to suspend the rules of Council requiring a second reading of the ordinance. The Clerk called the roll. Councilpersons Sirkin, Stoller, Sumner, Buckman, Adamec, Bryan, and Mayor Czerwonka voted yes. Seven yeses. Motion carried. Councilwoman Stoller moved, Councilman Sumner seconded to adopt Ordinance No. 2014-40. Fire Chief Rick Brown indicated that the purchase of the hydraulic rescue equipment is to replace the department s outdated equipment. This was a publicized bid purchase through the Northeast Fire Collaborative. There being no further discussion, the Clerk called the roll. Councilpersons Stoller, Sumner, Buckman, Adamec, Bryan, Sirkin, and Mayor Czerwonka voted yes. Seven yeses. Ordinance No. 2014-40 passed.

Page 5 10. MISCELLANEOUS BUSINESS City Manager David Waltz informed Council that a proposal by the Ohio House of Representatives regarding House Bill 483 is asking municipalities to report its income tax earning by residents versus non-residents. Senate President Keith Faber stated, Cities are just trying to avoid getting into issues regarding streamlining and efficiency in tax collection. Cities don t want to point out that a disproportionate large percentage of the revenue comes from people who don t get to vote on the tax issue. This is a burning issue in Ohio. It doesn t get resolved by cities burying their heads in the sand. Mr. Waltz recalls a few months ago of another bill relating to residency and feels it has become the latest trend that if you are not a resident, you can t be taxed by the jurisdiction. Mr. Waltz stated this could have an impact to the City s budget of approximately 85%. Cities earning tax comes from people who work there which is why, over the last 30 years, municipalities have been recruiting companies. If that incentive is taken away, there would be no reason to recruit companies when there is no tax benefit. Mr. Waltz encouraged Council to reach out to our State Representatives regarding this issue. Councilwoman Stoller questioned how cities would support their services (i.e.: fire, police), when there is no earnings tax coming in from the businesses. Mr. Waltz feels that there is a consistent anti-city behavior from the State Legislators in that they have cut the Local Government Fund along with other cuts. He provided an explanation of how they are now legislating against JEDZ and feels it will allow townships to keep their own residents money that is being taxed in another jurisdiction. He commented that the entire State was developed around an economic development model of recruiting companies. Companies went into certain cities based on economic development incentives. If the State changes the formula the City currently uses for incentives, the City could be at risk. With regard to sidewalk connectivity, Mr. Waltz was heartened that, while driving down Reed Hartman Highway, there were a lot of people using the new paths along Carver Road. He reminded Council that the connectivity plan continues to be successful and well received. The sidewalk path and bridge near the intersection of Carver and Reed Hartman Highway is visually attractive. Mr. Perry reminded Council that on Saturday, May 24 th, there will be a Touch-A-Truck event at Summit Park. The Public Works Department will showcase their trucks and equipment along with other activities. The event will be from 11:00 1:00 P.M. In answering Mayor Czerwonka s question regarding the results from the inspection on Reed Hartman Highway, Mr. Perry explained that a defective water main was discovered as a result of insufficient materials. The Public Works Department is working to fix the problem. Parks & Recreation Director Chuck Funk reminded Council that on Friday, May 23 rd, the City will host the 35 th Annual 8 th Grade Day at the Rec Center pool. The pool s official opening day will be Saturday, May 24 th. The City s Annual Memorial Day Parade and Ceremony will be on Monday, May 26 th. Councilman Bryan stated that he and Vice Mayor Adamec had the opportunity to tour the Service Department to celebrate Public Works Week. It was a great event and was impressed with the pride and dedication of the employees which is a reflection of great leadership. 11. EXECUTIVE SESSION After all items on the agenda were acted upon, Councilman Sumner moved, Vice Mayor Adamec seconded to convene an Executive Session to discuss matters pertaining to Personnel matters. The Clerk called the roll. Councilpersons Sumner, Buckman, Adamec, Bryan, Sirkin, Stoller, and Mayor Czerwonka voted yes. Seven yeses. Motion carried. After matters pertaining to Personnel matters were discussed, Mayor Czerwonka moved, Councilman Bryan seconded to convene to the regular meeting. A voice vote was taken. All Council members voted yes. Motion carried.

Page 6 12. ADJOURNMENT All items on the agenda having been acted upon, Councilman Sumner moved, Councilwoman Stoller seconded to adjourn the meeting. A voice vote was taken. All members voted yes. The Council meeting was adjourned at approximately 8:15 PM. Lee Czerwonka, Mayor Jamie K. Eifert, Clerk of Council MINUTES RECORDED AND WRITTEN BY: Karla Plank, Administrative Assistant