M I N U T E S
The Village of Evendale
Special Council Meeting
March 25, 2004
The Village of Evendale held a Special Council Meeting at 6:00 on March 25, 2004. The meeting was called to order by Mayor Don Apking. Upon roll call, the following members were present: Mr. Jeff Albrinck, Mr. Chris Schaefer, Mrs. Carolyn Smiley-Robertson and Mrs. Catherine Hartman. Mr. Bill Puthoff Jr. and Mr. Stiney Vonderhaar arrived at 6:30. Also present were: Village Solicitor Tim Burke; Village Chief Fiscal and Accounting Officer, George Snyder; Village Engineer, James Jeffers; Assistant to the Mayor, Lori Radcliff, Service Director Joe Wiehe, Recreation Director Dave Nichols and the Village Clerk, Michelle Ficke.
Mayor Apking presented Ordinance #04-20, “Approving Additional Appropriations in Various Funds, Transferring Funds and Declaring an Emergency.” Mr. Schaefer pointed out that contract services for Gorman Farm shows $300,000 which is the annual amount. There are only three quarters left this year. We will probably come back at the next council meeting and adjust that down to $225,000. The balance of $75,000 is for purchase for a pick-up truck and a tractor that are a part of the contract. The $75,000 from the contract services will be transferred to a capital account. A motion to read Ordinance #04-20 by title only was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and approved by Mr. Schaefer, Mrs. Hartman, and Mr. Albrinck. Mr. Vonderhaar and Mr. Puthoff were not yet present.
While waiting for Mr. Vonderhaar and Mr. Puthoff to arrive James Jeffers explained the numbers for Ordinance #04-21, “Ordinance Authorizing the Mayor to Enter into a Contract with the Lowest and Best Bidder to Paint the Village of Evendale Pool and Declaring an Emergency.” The unit price in his recommendation letter had a typo. It should read 10-20 sq ft or less. This is to cover any repair costs due to sandblasting. Sometimes the surface will fall loose during sandblasting. There is nothing in the pool that they see now that presents a problem. Sandblasting will not be done this time; only high pressure washing. The unit price is included in case something comes up they can address it. The firm he is recommending is Quality Coatings of Ohio, Inc. out of Youngstown, Ohio. They have excellent references. We have set a date of May
2. and as long as temperatures are 50 degrees and rising paint can be applied. Mr. Vonderhaar and Mr. Puthoff arrived.
Mayor Apking explained that Ordinance #04-20 was presented and read by title only. He further explained that the $11,730 was to be used for codifying our ordinances which has not been done for five years. The minutes and ordinances will be microfilmed as well which has never been done before. A motion to suspend the second and third readings of Ordinance #04-20 was made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #04-20 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #04-20 adopted as an emergency measure.
Mayor Apking presented Ordinance #04-21, “Ordinance Authorizing the Mayor to Enter into a Contract with the Lowest and Best Bidder to Paint the Village of Evendale Pool and Declaring an Emergency.”
A motion to read Ordinance #04-21 by title only was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #04-21 was made by Mrs. Hartman, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #04-21 was made by Mr. Albrinck, seconded by Mrs. Hartman and unanimously approved on roll call. Mayor Apking declared Ordinance #04-21 adopted as an emergency measure.
Mayor Apking presented Ordinance #04-22, “Ordinance Authorizing the Mayor to Execute the Contract with The Gorman Heritage Farm Foundation and Declaring an Emergency.” A motion to read Ordinance #04-22 by title only was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #04-22 was made by Mr. Albrinck, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Ordinance 304-22 was made by Mr. Puthoff, seconded by Mrs. Hartman and unanimously approved on roll call. Mayor Apking declared Ordinance #04-22 adopted as an emergency measure.
Mayor Apking presented tabled Resolution #04-09A, “Resolution Granting Variance from Section 1258.07 of the Village of Evendale Zoning Code Regarding the Width of Parking Stalls at 9840 Reading Road and Declaring an Emergency.” Mayor Apking explained that the Zoning Board of Appeals has six strict areas that they must use in determining whether or not to grant or deny variances of the zoning code. Council has a little more leeway. Mr. Schaefer said Council is bound by the same regulations and constraints as ZBA, the only difference being it gives a second chance to people to look at it without the expense of court. Mrs. Smiley-Robertson stated that she agreed we are bound by the same regulations and that Council can take into consideration other aspects that the Zoning Board of Appeals cannot, but we must be concerned about the
precedent that we establish for development in the Village. She stated that we appreciate the business of Valley Thrift and are glad that they can expand. The issue to be considered is how much parking does Valley Thrift need with the expansion. Jim Ritter, the architect for the project, was present as well as the property owner, Pat Walsh. There was lengthy discussion on the aspects of the property. Mr. Albrinck mentioned that we have to look at the rules since businesses in Evendale have nine feet parking spaces. His concern is that variances will continue to come before council and that perhaps the rule should be changed to make it a Village wide nine feet spaces. Mr. Ritter mentioned that increasing the spaces in the Valley Thrift lot you reduce the amount of accidents in front of Valley Thrift from people cruising in and out of the lot waiting for spaces to open and that this is a safety issue. The plan that came before Zoning Board of Appeals was ZP-5A which reflected nine
feet spaces on the entire site at Valley Thrift showing 116 parking spaces. This plan was not approved by the Zoning Board of Appeals. However, ZP-5B shows 114 parking spaces that include the existing nine feet spaces from the original properties and ten feet spaces on the site of the new parking lot. The current original property has nine feet parking stalls and all of the additional parking spaces that were added are ten feet spaces and do adhere to the zoning code. Mr. Burke mentioned that council can approve ZP-5B but we need to provide for that in the resolution. Mr. Schaefer mentioned that Council was presented with a compromise with plan ZP-5B. Mr. Puthoff made a motion to add ZP-5B to the resolution and pass it granting the variance. This motion was seconded by Mr. Albrinck. After some discussion it was determined that there was no need to grant a variance because Valley Thrift is adhering to the zoning code by having ten feet spaces on the new section of the parking lot in
accordance with plan ZP-5B. It was determined that the nine feet spaces were grand fathered in and that Valley Thrift did adhere to code if they put ten feet parking stalls on the portion of the lot that they just expanded. Mr. Puthoff then withdrew his motion to add wording to Resolution #04-09A which included ZP-5B and Mr. Albrinck withdrew his second. Resolution #04-09A remained tabled.
Mayor Apking then presented Resolution #04-09B, “Resolution Denying Variance from Section 1258.07 of the Village of Evendale Zoning Code Regarding the Width of Parking Stalls at 9840 Reading Road and Declaring an Emergency.” A motion to read Resolution #04-09B by title only was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution #04-09B was made by Mr. Vonderhaar, seconded by Mrs. Hartman and unanimously approved on roll call. A motion to adopt Resolution #04-09B as an emergency was made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution #04-09B adopted as an emergency measure.
Mayor Apking mentioned that the Service Department’s tractor is not running well and there is $20,000 in the budget to buy a new tractor from the state. The tractor is a 1980 model and has had fuel pump problems for the past three years. Chris mentioned that a resolution must be passed to buy the tractor. Mayor Apking asked Joe Wiehe, Service Director to present the information to Council in April. Mayor Apking asked Council to look at the proposal from Gates concerning Cooper Creek and that they would discuss it at the April 15 Council Meeting. There will be a committee meeting for the Service Department concerning the tractor this Tuesday, March 30.
Mayor Apking asked for a motion to adjourn. A motion to adjourn was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved. Council adjourned at 7:08 pm.
_______________________
Mayor
Attest:
__________________________
Village Clerk
| 
