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Village Council Minutes 08-12-04
M I N U T E S

The Village of Evendale
Regular Council Meeting
August 12, 2004


The Village of Evendale held a Public Hearing for the Planned Business Development for Anchor Properties and the Zoning Change for the property prior to the Council Meeting at the Recreation Center. Mayor Apking opened the meeting. Linda Fitzgerald explained that Anchor is asking Council to approve a zone change for the eighty acre sight that Jenny Bosse Heine owns on the southwest corner of Glendale-Milford and Reading Roads and also the property Ralph McSwain owns. The request is to change the zoning from office research to heavy commercial. The request is also for council to approve a Planned Business Development Overlay (PBD). This would allow them to develop a mixed use office retail development on the sight. Anchor has worked with the Village and Planning Commission for the past year on the development. Planning Commission asked for several revisions from Anchor’s original plan and Anchor has been very cooperative. The PBD gives Planning Commission control over certain aspects of the development such as construction materials used and set back requirements and what the use is. This control is throughout the entire building process. The PBD plan is available for viewing at the Administration Building. Linda Fitzgerald clarified some confusion stating that the Reading Road Revitalization project is a separate group consisting of a ten member steering committee working with PageMaker Design Group, a planning and architectural firm that was hired by the Village to develop a long range plan for the revitalization of the entire Reading Road corridor from border to border. That is different from this request by Anchor Development to develop this eighty acre sight.  Poggemeyer’s Reading Road Revitalization plan will go to Planning Commission for their review and final approval and to CIC for their approval. Poggemeyer suggested the use of green space to Anchor Development for this sight. Matt Grever from Anchor Properties presented their plans. The development would have a positive economic impact on the Village. Chris Schaefer raised a question on the accuracy of the numbers of the tax benefits. Linda Fitzgerald explained that is was not in the scope of the service of the Poggemeyer Design Group to do a cost benefit analysis for the Anchor project.. Poggemeyer was to do a revitalization plan for the entire corridor. Mayor Apking asked Poggemeyer to expand their scope to do a cost benefit analysis on the proposed Anchor Development. Poggemeyer took three projects they were involved in Maumee, Ohio and two other small communities in Ohio. Their projections of earnings tax and property tax were based on the three projects they had worked on. Colliers International is an office broker firm that Anchor hired to lease the office part of their development and when they saw Poggemeyer’s figures they differed with them. Colliers had figures which represent the norm in this industry in the greater Cincinnati market place based on projects built in Cincinnati. Poggemeyer agreed that it would be better to use the industry standard in the business market and use employment projections that reflect actual projects built in your greater Cincinnati market. The final report that Poggemeyer publishes will include both studies, Poggemeyer’s initial study and the projection with Colliers International numbers. Matt Grever stated that there are four new drawings and a concept plan included tonight that were not presented to Planning Commission. At the direct request of Mayor Apking the new drawings were added to show the residents what the development would look like. The intent is to show the level of quality of the development. All other drawings were shown to Planning Commission. David Ross, architect, walked through the plans. He stated that the drawings give design elements of the development and that they do not know yet who the tenants are. They reflect a unity to design which include elements that reflect the civic center columns and columns of our administration building, buff brick, and planters, all elements that unify the design. Mike Ricke, Anchor Development spoke about water retention and storm water retention systems elements. One element they plan to use is a systems to collect in cistern or basins storm water and then reuse it for irrigation. Dutch Speidel, Margate Terrace raised a concern about flooding and landscaping. Mike Ricke stated that they plan to raise the development above the one hundred year flood plain and must meet FEMA requirements. Anchor does not plan to invest money in this development and have it flood. It was also stated that Planning Commission controls the amount of landscaping as well as types of construction materials used. Anchor is required to submit plans to Planning Commission before moving ahead thus giving the Village considerable control over regulations. Kay Bostrom, a member of the Planning Commission stated that Anchor’s concept was thoroughly regarded by Planning Commission and the client’s intent will include details of their plans. Linda Fitzgerald read the motion from Planning Commission to Council approving and recommending to Council Anchor’s development plan. Susan Pitman, Monet Lane, asked a question regarding Anchor’s Occupancy Rate. Matt Grever from Anchor Development stated that they have a five to six percent vacancy rate. Steve Culver, Winnebago Trail, asked what type of stores will be built and what is the time-frame involved. Matt Grever stated that it is impossible to market tenants to the sight without first acquiring a zone change. They do not yet know what tenants will occupy the property. The time frame projection is construction beginning summer of 2005 through spring of 2006. Doug Lohmeier, Otterbein Road, thanked Anchor and Planning Commission, Linda Fitzgerald, Council and the Mayor for the endless time they have put into this project. He stated that the development would bring conveniences to Evendale. Anchor has worked with Planning Commission for over a year and has agreed to all the request from Planning Commission for changes to their plans such as agreeing to move the Cunningham home to the Gorman Heritage Farm site and steps to control flooding. Mr. Lohmeier encouraged council to vote for the project. Phil Schneider stated that the property is important to Evendale and that three years ago Council tried to buy the eighty acres and was turned down. He also stated that focus group studies showed that this development is important to the residents. He noted that we were able to handle traffic when General Electric employed 18,000 people and it did not affect us. Retail development would spread out the traffic. The development would allow marketing power and pull to bring people to Evendale. He also mentioned a potential lawsuit from the owner of the property if Evendale fails to allow the development. Mary Speidel, Margate Terrace, stated that her vision is to keep the green space green and she disagreed with the zoning variance. She stated that Anchor will have to recoup its investments by bringing in big money makers first. She stated that Jewish Hospital development was not developed as promised. Marianne Orringer, property owner at PG Graves Lane, expressed a concern about the Mill Creek. She said she was afraid Anchor properties will flood PG Graves Lane. The Mayor stated that the Mill Creek is a giant problem and one municipality cannot stop it. He also reiterated that Anchor will not invest money into the development if they thought it would flood. Jim Cole, Winnebago Trail, asked how many square feet of heavy retail was anticipated. 465,000 retail and 225,000 square feet office space was the answer. He also asked about traffic lanes at the entrance off of Glendale-Milford Road. Matt Grever stated two through lanes open all the time. Mike Ricke, Anchor, stated that they plan to reduce or control water going to Mill Creek. They plan to increase usable areas with bikeways along the Mill Creek and a conservation easement north to south. He stated that the Village controls that property and gives access to Mill Creek for recreational purposes and that they would clear out the debris in the Mill Creek. He stated it is an opportunity not a potential problem. Rudy Hachey Acton Court, asked about access from Reading Road. The Mayor stated there would be an access bridge at Inwood Drive crossing the Mill Creek. Mr. Hachey stated his concern for increased traffic and taxes. The Mayor stated that money is an issue in the Village and we must figure out a way to bring money into Evendale. Eileen Lips, Inwood Drive, asked about turn lanes on Reading Road. The Mayor stated that 17% of the traffic would come from Reading Road. One turn lane is now planned. A traffic study is being conducted to what is needed. The plan includes a turn lane Northbound on Reading Road and not for Southbound Reading Road. It would be added if deemed necessary. Mr. Schaefer stated that details of the intersections are not yet complete. Ms. Lips asked if the PG Graves people know about the project. They were present at the public hearing. She also asked what type of development reflected the quality of this planned development. Matt Grever stated Waterstone project at Fields-Ertel Rd. is a mixed use development similar to that planned by Anchor. Joel Herzog asked if big box development is up to Anchor. Anchor will determine who the tenants will be. Dorothy Taylor, Lamarc Trail, welcomes this project and said it would help Evendale keep money in Evendale by bringing a quality grocery store and nice restaurants. Ralph McSwain, Stanwin Place, stated that he had a business in Evendale for fifty years and lived in Evendale thirty seven years. Evendale develops first class projects as seen by the Municipal Complex and Recreation Center. Anchor approached him to buy his property and he sold it at a fair price. He endorsed the Anchor Development. A motion to close the public hearing was made by Mr. Albrinck, seconded by Mrs. Hartman and unanimously approved. The public hearing was closed.

The Village of Evendale held the Public Hearing for an appeal from the denial of a zoning variance for an accessory storage structure at 10518 Margate Terrace Evendale, Ohio 45241, filed by Ralph Guckiean, the property owner and an accessory storage structure at 10340 Kingsport Drive Evendale, Ohio 45241, filed by John T. Merritt, the property owner.  The Mayor asked if anyone wanted to address council on this issue. There was no discussion. Mayor Apking asked for a motion to close the public hearings. A motion to close the public hearings was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call.

The Village of Evendale held its Regular Council Meeting. The meeting was called to order by Mayor Don Apking. Upon roll call, the following council members were present: Mr. Bill Puthoff, Jr., Mr. Stiney Vonderhaar, Mr. Jeff Albrinck, Mr. Chris Schaefer, Mrs. Catherine Hartman and Mrs. Smiley-Robertson. Also present were: Village Chief Fiscal and Accounting Officer, George Snyder; Village Engineer, James Jeffers;  Recreation Director, Dave Nichols; Public Works Director, Joe Wiehe; Economic Development Director, Linda Fitzgerald; Assistant to the Mayor, Jack Cameron; Village Solicitor, Tim Burke and Village Clerk, Michelle Ficke.

Mayor Apking presented the consent calendar. Mayor Apking asked for a motion to accept the consent calendar. A motion to accept the consent calendar was made by Mr. Vonderhaar seconded by Mr. Albrinck and unanimously approved on roll call.

Jeff Ficke gave the Gorman Heritage Farm Foundation Report.  The Sunflower Weekend is coming up. Two events are coming up. On Friday evening, October 8th there will be an adult fundraiser. On Saturday, October 9th there is the Sunflower Festival which includes food, entertainment and an equestrian show. The Farmer’s Market will open again soon on Saturday mornings through September and October. Jim Schababerle is heading up the planning for the Farmer’s Market. They plan to invite other vendors to come in and the site will be on the old Imperial Lodge property. The third Saturday of every month will be volunteer day at the farm. The first one is August 21st from 9:00 – 12:00.  The new Executive Director, Gary Goosman, starts on  Monday, August 16th.    Mayor Apking stated that the Town Meeting will be held on October 10th at the Gorman Heritage Farm. The actual meeting will begin at 5:00. The Mayor also mentioned that Evendale is working with surrounding communities to have a neighbor to neighbor function. It is scheduled to be held on October 3rd at Evendale from 2:00 – 6:00.  Mr. Vonderhaar stated that the Fire Department received the grant reimbursement check for $37,500 for the purchase of turn out gear and thermal imaging cameras.  Catherine Hartman mentioned that there will be bid openings on August 19th for Police Department confiscated vehicles and were advertised in the Cincinnati Enquirer on August 5th and August 12th. Jeff Albrinck gave the Finance Report. July receipts were $750,000 and July Expenses were $1,085,000.

Mayor Apking presented Resolution 04-22, “RESOLUTION OF APPRECIATION TO JANE SHAPPACHER.” A motion to read Resolution 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 Resolution 04-22 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Resolution 04-22 was made by Mr. Puthoff seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Resolution 04-22 as an emergency.

Mayor Apking presented Resolution 04-23, “RESOLUTION OF APPRECIATION TO JUDY McAULIFFE.” A motion to read Resolution 04-23 by title only was made by Mr. Puthoff seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution 04-23 was made by Mr. Vonderhaar seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Resolution 04-23 was made by Mr. Albrinck seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Resolution 04-23 adopted as an emergency.

Mayor Apking presented Resolution 04-24, “RESOLUTION OF APPRECIATION TO ANN NARTKER”. A motion to read Resolution 04-24 by title only was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution 04-24 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Resolution 04-24 was made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution 04-24 adopted as an emergency.

Mayor Apking presented framed resolutions to Jane Schappacher, Judy McAuliffe and Ann Nartker.

Mayor Apking presented Resolution 04-25A. “Resolution Upholding the Appeal of Ralph GuckieAn, Granting a Variance for the Installation of a storage Shed Larger than Permitted by the Zoning Code and Delcaring an Emergency.”  Mr. Schaefer stated that Planning Commission has been trying to change the restriction and hoped to have it done by August but other things were going on. No recommendation was made to change the code overall. The regulation is currently 120 square feet. We are trying to come up with a more appropriate regulation. There was no opposition from neighbors on either of the shed variances. A motion to read Resolution
04-25A by title only was made by Mr. Vonderhaar seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution 04-25A was made by Mr. Puthoff seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Resolution 04-25A was made by Mr. Puthoff, seconded by Mrs. Hartman and unanimously approved on roll call. Mayor Apking declared Resolution 04-25A adopted as an emergency.

Mayor Apking presented Resolution  04-25B, “Resolution Denying the Appeal of Ralph Guckien and Upholding the Denial of a Variance for the Installation of a Storage Shed at 10518 Margate Terrace Larger than Permitted by the Zoning Code and Declaring an Emergency.” Mayor Apking asked for a motion to indefinitely postpone Resolution 04-25B. A motion was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved. The Resolution 04-25B was indefinitely postponed.

Mayor Apking presented Resolution 04-26A, “Resolution Upholding the Appeal of John T. Merritt, Granting a Variance for the Installation of a Storage Shed Larger Than Permitted by the Zoning Code and Declaring an Emergency.”  Mrs. Smiley-Robertson made a motion to amend Ordinance 04-26A to read 192 square feet instead of 160 square feet to reflect the correct square footage of the shed. Mr. Vonderhaar seconded the motion to amend the ordinance and it was unanimously approved on roll call. A motion to read Resolution 04-26A by title only was made by Mr. Vonderhaar, seconded by Mrs. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution 04-26A was made by Mr. Puthoff seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Resolution 04-26A was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution 04-26A adopted as an emergency.

Mayor Apking presented Resolution 04-26B, “Resolution Denying the Appeal of John T. Merritt and Upholding the Denial of a Variance for the Installation of a Storage Shed at 10340 Kingsport Drive, Larger than Permitted by the Zoning Code and Declaring an Emergency.” Mayor Apking asked for a motion to indefinitely postpone Resolution 04-26B. Mr. Puthoff made a motion, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. The Resolution 04-26B was indefinitely postponed.

Mayor Apking presented Ordinance #04-51B, “Ordinance Providing for the Submission of an Amendment to the Evendale Village Charter Regarding Compliance with State Competitive Bidding Requirements to the Electors of the Village of Evendale at the November 2, 2004 General Election and Declaring an Emergency.”  Ordinance 04-51B is an amended version of Ordinance 04-51 which was read at the July 8 council meeting. The change in charter language would state that Evendale will follow the bid limit rate of the state of Ohio. Mr. Albrinck stressed that it is critical to communicate this well with the residents because the language is hard to understand. Mayor Apking asked for a motion to table Ordinance 04-51. A motion was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved. Ordinance 04-51 was tabled.  A motion to read Ordinance 04-51B by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 04-51B was made by Mr. Puthoff seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance 04-51B was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #04-51B adopted as an emergency.  

Second Reading
Mayor Apking presented Ordinance #04-52, “      ORDINANCE TO REZONE CERTAIN PROPERTY OWNED BY JENNIE B. HEINE AND THE JEB INVESTMENT COMPANY, INC. FROM OFFICE RESEARCH (OR) TO HEAVY COMMERCIAL (HC) AND DECLARING AN EMERGENCY.”  The Mayor stated that the traffic study is not complete. He also encouraged residents to talk to council and the Mayor to make their opinions known before the September council meeting. The Mayor declared this a second reading of Ordinance #04-52. Tim Burke recommended combining Ordinances 04-52 and 04-53 as one Ordinance. He wants to look into whether or not they can put reversionary language in the ordinance. You can apply a deadline to a planned business approval but he has not seen it done with a zone change. Mrs. Smiley-Robertson stated that she liked what she saw in terms of proposal and that Anchor is doing a fine job giving us the information we need. She wants to see what we can do to protect Evendale’s interests years out if for some reason that proposal does not come to fruition. Mr. Schaefer stated that for Planning Commission Tim Burke wrote a motion that stated everything that was included in the planned development. It might be helpful for Tim Burke to write the Ordinances 04-52 and 04-53 as one and to get more specifics as to which drawings and concepts Anchor has described and have them all in one document. This will alleviate any confusion with the concept plans. Mayor Apking stated that we will be voting on the combined Ordinance in September. It will be called an amended ordinance and it will be the third reading. If there are any questions from the residents, please contact us this month. Tim Burke stated that the motion adopted by the Planning Commission encouraged council to incorporate in any document they adopted any additional representations made by the developer and that is what Chris Schaefer is suggesting. Mr. Schaefer requested that this information be sent out earlier than normal council packets. Mrs. Smiley-Robertson stated that she was confused as to what version of the plan is current. Mr. Albrinck suggested that all other version be thrown out and a new version put together for council to review. Mr. Schaefer stated that he would like to see more specifics to the Anchor proposal because as the plan progresses, Planning Commission will have to conform to the proposal. For example square footage of the buildings is  400 square feet but does not state how many buildings that is divided in to. If it is not in the ordinance, it is not there. September 16 was set aside for a special council meeting if necessary.

Second Reading
Mayor Apking presented Ordinance #04-53, “      ORDINANCE APPROVING A PLANNED BUSINESS DEVELOPMENT OVERLAY DISTRICT ON PROPERTY IN THE GENERAL VICINITY OF 2929 AND 2324 GLENDALE-MILFORD ROAD BEING FURTHER IDENTIFIED IN THE RECORDS OF THE HAMILTON COUNTY RECORDER AS BOOK 611, PAGE 20, PARCELS 4 THROUGH 11, 13 AND 72 AND DECLARING AN EMERGENCY.” The Mayor declared this as a second reading of Ordinance #04-53.

Mayor Apking presented Resolution 04-27,  “A RESOLUTION CONSENTING TO THE EXECUTION OF AN AMENDMENT TO AN EXISTING ENTERPRISE ZONE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF HAMILTON COUNTY, OHIO AND CRAFTERS ART, INC.” A motion to read Resolution 04-27 by title only was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution 04-27 was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Resolution 04-27 was made by Mr. Puthoff, seconded by Mrs. Hartman and unanimously approved on roll call. Mayor Apking declared Resolution 04-27 adopted as an emergency.

Mayor Apking presented Ordinance #04-44, (Amended) “ORDINANCE APPROVING 2004 INTERIM FUNDING AGREEMENT BETWEEN THE VILLAGE OF EVENDALE, THE CITY OF SHARONVILLE AND THE MILLCREEK VALLEY CONSERVANCY DISTRICT, APPROPRIATING FUNDS FOR THAT PURPOSE AND DECLARING AN EMERGENCY.” A motion to read Ordinance #04-44 by title only was made by Mrs. Smiley-Robertson, seconded by Mrs. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 04-44 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance 04-44 was made by Mr. Vonderhaar, seconded by Mrs. Hartman and unanimously approved on roll call. Mayor Apking declared Ordinance 04-44 adopted as an emergency.

Mayor Apking presented Ordinance #04-54, “ORDINANCE AMENDING SECTION 890.03, IMPOSITION OF TAX, OF THE EVENDALE CODIFIED ORDINANCES BY INCREASING THE RATE OF TAX IMPOSED TO ONE PERCENT PER ANNUM AND DECLARING AN EMERGENCY.”
The Mayor stated that in 1999 we lowered our income tax rate from 1% to .9% and eliminated approximately two million dollars a year in income because we were accumulating so much in revenue. Now, our income has been flat for four or five years and our expenses have gone up. We have been running in a deficit for the past few years and will continue to unless we make drastic cuts to programs and services that residents want. This will go into affect January 1, 2005. Mrs. Hartman clarified that when you say inside millage you mean the line on the property tax that would go to Evendale. Right now that is zero. We all pay property tax but it goes to the county and Evendale does not get any. Mr. Albrinck stated that each .1% represents about $900,000. If we reinstate the inside millage which only property owners would contribute it would raise approximately $850,000. Right now we are running at a shortage in excess of two million dollars. The bottom line is no matter how much we look to increase revenues and tweak the current budget, there is not enough to meet the demand unless we are willing to face significant reduction in the services we all enjoy. We can either place financial burden back on residents by reinstating the inside millage or we can give up a lot of the services we all enjoy or look to the people that work in the village to subsidize our way of life. Mrs. Smiley-Robertson stated that we should be very clear that in the past we did have a 1%  tax and because of the amount of surplus that was continuing to grow the council at that time removed the tax. Mrs. Hartman stated that even if we put it at 1% we are still at or below where a lot of municipalities are. Mr. Albrinck stated that throughout Hamilton County there is not one municipality that does not have a significant inside millage that also has an earnings tax below 1.5%. Any municipality that has waived the inside millage has an earnings tax of at least 1.5% We are below 1% currently on earnings tax and do not have an inside millage. We are the only community without exception that is doing that. A motion to read Ordinance 04-54 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 04-54 was made by Mr. Vonderhaar, seconded by Mr. Puthoff  and unanimously approved on roll call. A motion to adopt Ordinance 04-54 was made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance 04-54 adopted as an emergency.

Mayor Apking presented Ordinance #04-55, “APPROVING ADDITIONAL APPROPRIATIONS  IN VARIOUS FUNDS AND DECLARING AN EMERGENCY.’ A motion to read Ordinance 04-55 by title only was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 04-55 was made by Mr. Albrinck, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance 04-55 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance 04-55 adopted as an emergency.

Mayor Apking presented Ordinance #04-56, “ORDINANCE ENACTING AND ADOPTING AN UPDATED CODE OF ORDINANCES OF THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY.” Mayor Apking stated that the Village just had the codified ordinance book updated. It had not been updated since 1999. It should be done every two years. A motion to read Ordinance 04-56 by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 04-546was made by Mr. Albrinck, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance 04-56 was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance 04-56 adopted as an emergency.

Mayor Apking presented Resolution #04-28, “RESOLUTION SUBMITTING THE QUESTION OF AN ADDITIONAL .2 PERCENT (0.2%) PER ANNUM, MUNICIPAL EARNED INCOME TAX, TO THE ELECTORS OF THE VILLAGE OF EVENDALE, OHIO),  SUCH TAX SHALL BE IN ADDITION TO THE RATE OF ONE PERCENT (1%) EFFECTIVE JANUARY 1, 2005, FOR THEIR APPROVAL OR REJECTION AT AN ELECTION TO BE HELD WITHIN THE VILLAGE OF EVENDALE ON NOVEMBER 2, 2004 AND DECLARING AN EMERGENCY”  Mayor Apking stated that in order to maintain our services in Recreation, Fire, Police and Service we need some more money or we will have to cut some of them out. Mrs. Smiley-Robertson stated that she was agreeable to restoring the tenth of a percent as far as earnings tax is concerned. She does not believe that we would go to the voter for this tax increase until we demonstrate that we have tried to reduce our costs. She also encouraged the Assistant to the Mayor and the Economic Developer to pursue some of the opportunities that have been recommended in a draft plan from Poggemeyer to see if we can’t get income from these avenues. We have increased our investment income. The Fire Chief has been diligent in going after grant money. Mrs. Smiley-Robertson also stated that  we should actively pursue other ways to pursue income other than earnings tax and that she did not want to see us reinstitute the property tax. We must look at several other options of brining money in and reduce our cost structure before we ask voters to increase the earnings tax. Mr. Schaefer’s concern was the timing of this. We just received the Poggemeyer plan and there is concern over the costs of four fountains on the corner. Mr. Schaefer’s concern is that the tax increase will be perceived as a way to fund the Poggemeyer plan. Mayor Apking stated that the intent is to balance the budget. Mrs. Hartman stated that regardless of what we do with properties and the Poggemeyer plan, where we are now is that the operating budget exceeds income and we have to have an  income that meets our expenses regardless of property transactions. This tax would eliminate major change cuts in services in the Village. Mayor Apking stated that the residents do not pay any taxes to the Village of Evendale and of the eleven million dollars that we will take in with this increase the residents will pay five hundred thousand dollars. Expenditures have gone up and income has stayed the same. Tim Burke pointed out an error in Resolution #04-28 in Section 3 the date should be November 2, 2004 and not 1992. Mr. Schaefer is concerned about the mood of the voters with the defeat of recent school tax issues in August. There was extensive discussion on the budget.  A motion to amend Resolution 04-28 as suggested was made by Mrs. Hartman, seconded by Mr. Albrinck and unanimously approved. A motion to read Resolution 04-28 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 Resolution 04-28 was made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Resolution 04-28 was made by Mr. Vonderhaar, seconded by Mrs. Hartman and was approved by Mr. Vonderhaar, Mrs. Hartman, Mr. Albrinck, Mr. Puthoff, and Mr. Schaefer and Mrs. Smiley-Robertson voted no. Mayor Apking declared Resolution 04-28 adopted as an emergency.

Mayor Apking asked if there was anyone who wanted to address council. There was not.

Other Items included:
Mrs. Hartman commended Andy Acus for a job well done running the pool facility this year.

Mayor Apking asked for a motion to adjourn to go into Executive Session to discuss property. A motion was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call.

Council reconvened at 9:10 pm and with no further business to go before council, a motion to adjourn was made by Mr. Puthoff seconded by Mr. Albrinck and unanimously approved on roll call.

                                                _______________________
                                                Mayor

Attest:

__________________________
Village Clerk