Skip Navigation
This table is used for column layout.
Village Council Minutes 09-09-04
M I N U T E S

The Village of Evendale
Regular Council Meeting
September 9, 2004


The Village of Evendale held a Public Discussion Session prior to the Regularly Scheduled Council Meeting. Doug Lohmeier addressed council on the Anchor Proposal and asked that they highly consider passing it. He stated that it is a great addition to the Village of Evendale. Stuart Hodash, a property owner in Evendale and member of the Reading Road Revitalization Committee, addressed council. He stated that Anchor is a first class developer and after seeing the Anchor plans, what is on the sight now and what the future holds for the sight with Anchor’s proposal, he asked council to give approval to Anchor’s plan and that he looked forward to watching it grow and taking advantage of what the sight has to offer. The Anchor plans and drawings were on display in the foyer of the Administration Building before the council meeting. Lynn Watts asked council that, in light of the proposed earnings tax increase and the fiscal position of the Village she was pleased that the Recreation Department’s 2005 budget is coming in ten percent less than the 2004 budget. She asked council if there are any guidelines in effect for the other departments cutting their budget for 2005. The Mayor stated that there is not as much discretionary dollars in the Police and Fire Department budgets and it would much more difficult for those departments to come in ten percent under last year’s budget. George Snyder indicated that the budget is just a guideline. The Mayor said there would be a public hearing in December on the 2005 budget. Mr. Albrinck said the department heads get the first opportunity to evaluate where to cut expenses. Ms. Watts suggested that the departments try to procure grants to offset costs. She also commended the Police Chief for his efforts to improve police and community relations with the Citizen Police Academy. She suggested that the ten week course sounds more like an entry level police officer course as opposed to something that would improve police and community relations. She suggested a two way dialogue might be more productive than a class. Most people do not have time for a ten week class, however, a dialogue between community and police that happened quarterly would help to achieve better communications.

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; Fire Chief, John Vail; 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. Puthoff and unanimously approved on roll call.

Mayor Apking gave the Mayor’s Report. The 3rd Annual Getting to Know You Picnic will be hosted by Evendale and will take place on October 3 from 2:00 – 6:00. The Neighbor to Neighbor Committee is planning the picnic which will include  free food, games, entertainment and activities for all. We are coming together for a community picnic in an effort to better understand one another and live in peace and harmony. The Mayor asked for volunteers from council and residents to serve on a greeting committee from 2:00-3:00. Contact the Mayor if you are interested.

Jeff Ficke introduced the new Executive Director of Gorman Heritage Farm, Gary Goosman who began August 16th. Gary Goosman stated that there is a planning session with the Board of Directors soon to discuss how to best use the farm’s assets. He announced the Sunflower Festival  to raise funds and awareness in surrounding communities. On Friday, October 8th there will be a dinner fundraiser “Under the Tuscan Sunflower” and the Sunflower Festival itself is October 9 from 10:00-4:00 with hayrides, games, demonstrations. The Town Meeting will be October 10th at the farm. Mr. Vonderhaar showed a quilt that will be raffled off on October 10th. Tickets are on sale at the farm for a raffle to win a $7500 spa from Watson’s Superstore.

Jeff Albrinck gave the Recreation Report. He commended Kristen Maiden who was published in the Ohio Parks and Recreation Associations magazine which included an article on tennis. The pool is open the next two weekends only.

Jeff Albrinck gave the Finance Report and stated that last months receipts were just over $700,000 and August expenses were $650,000.

Mr. Vonderhaar stated that they submitted the Gorman Heritage Farm book written by Jane Stotts to the Ohio Historical Commission and that we are going to receive an award for that book presented during the November conference. Residents can pick their book up at Gorman Heritage Farm.

The Mayor stated that we will be starting street improvements on South Reading Road using the $118,000 grant from the State of Ohio.

Mayor Apking presented Resolution #04-29, 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 All Occasions GROUP, INC., RENTAL CENTER BUILDING I, LLC and RENTAL CENTER BUILDING II, LLC. A motion to read Resolution 04-29 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 their readings of Resolution 04-29 was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Resolution 04-29 as an emergency measure was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution 04-29 adopted as an emergency measure.

Mayor Apking presented Ordinance #04-52A, 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 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. Tim Burke, Village Solicitor stated that there some preliminary points that should be made about the ordinance and the voting procedures. Mr. Vonderhaar owns a piece of property that is surrounded by the sight, he will have to abstain from the vote which, according to the Village ordinances, will count as a negative vote. Should there be two additional no votes there would be a tie and the Mayor has the authority under the charter to break the tie. Mr. Burke also explained that Ordinance 04-52A is a combination of what was previously in front of council as Ordinances 04-52 and 04-53. Mr. Schaefer stated that the charter says that if there is an amendment to what was recommended by planning commission then five members of council must vote yes if the ordinance contains anything contrary to planning commission’s recommendation. Tim Burke stated that in addition to the provision of the charter there is also a provision in the chapter regulating planned business development overlay district that provides that any changes not recommended by the planning commission require concurrence of five members of council. Tim Burke stated that he believed that the ordinance in front of council has nothing in it that is contrary to any recommendations by the planning commission so, in his opinion, that the charter provision does not operate to require five votes in this case and that the motion adopted by the planning commission clearly contemplated and recommended that council’s ordinance should have additional provisions in it and I believe that the ordinance in front of you is consistent with what the motion of the planning commission contemplated. Therefore, five votes are not required to adopt the ordinance. Mayor Apking asked for a motion to amend Ordinance 04-52 as recommended in Ordinance #04-52A. A motion was made by Mr. Puthoff, seconded by Mrs. Hartman. Mr. Vonderhaar was recused from the voting on Ordinance #04-52A. Mr. Puthoff, Mrs. Hartman, Mr. Albrinck, Mr. Schaefer and Mrs. Smiley-Robertson approved the motion to amend. Mr. Schaefer stated that he supported the Macro development and a previous development on the northwest corner of Glendale-Milford and Reading Roads and they both failed. He stated that the Poggemeyer study says that seven years is the average life for retails stores and stated concerns about traffic problems. He argued that it was not in Evendale’s best interest to approve this ordinance. Mr. Albrinck stated that Anchor is a first class developer and has fully cooperated with the Village on the plans for the property. Anchor has done extensive research and invested one million dollars in presentations only for the property and they are willing to spend seventy million dollars to develop it. He stated that the property will be developed at some point and discussed the positive attributes of developing the property. The positives that the Anchor development could bring include  nice restaurants, a grocery store and a generated income of  a half million dollars to the Village. If we refused to move forward we will become stagnant. Mrs. Smiley-Robertson stated that this is not an easy decision at all. We are currently running at a deficit and have an opportunity to bring additional revenue in. We need this development to be a catalyst to bring other income producing opportunities to the Village. Council can address traffic issues and Anchor has been cooperative and offered to share the solutions to the problems. She stated that she was impressed with Anchor and that she has seen other Anchor developments and was impressed with Anchor and their 10% vacancy rate.  We need to move forward as a community. Anchor is looking to make this work. Mrs. Hartman stated that Anchor is a quality developer and is willing to work with us. She stated that reports tell us that there is not a sufficient market for retail and that changing the zoning would present a risk. If we don’t change the zoning we would still have 30% retail and would remain office and research and that’s what brings the revenue in. Mrs. Hartman stated that we should leaving zoning as it is with 30% retail but do not risk long-term having empty or undesirable big box stores. There was no further discussion. Mayor Apking asked for a motion to adopt the emergency clause in Ordinance 04-52A. A motion was made by Mr. Albrinck and seconded by Mr. Puthoff. Mrs. Smiley-Robertson, Mr. Puthoff and Mr. Albrinck voted yes. Mr. Schaefer and Mrs. Hartman voted no. The emergency clause failed. Mayor Apking asked for a motion to remove the emergency clause and delete section 4 from Ordinance 04-52A. A motion was made by Mr. Puthoff, seconded by Mrs. Smiley-Robertson and a yes vote was cast by Mrs. Smiley Robertson, Mrs. Puthoff, Mr. Schaefer, Mrs. Hartman and Mr. Albrinck. Mr. Vonderhaar was recused from the voting. It was approved to remove the emergency clause and Section 4 from Ordinance 04-52A. Mr. Schaefer stated his concern for the change in zoning. Mr. Burke stated that the purpose of the covenant mentioned in the ordinance is to ensure that the property is developed as proposed. The Mayor asked for a motion to adopt Ordinance 04-52A. A motion was made by Mr. Albrinck, seconded by Mrs. Hartman. Mrs. Smiley-Robertson, Mr. Puthoff and Mr. Albrinck voted yes. Mr. Schaefer and Mrs. Hartman voted no and Mr. Vonderhaar was recused from the voting which according to the charter is a no vote. Therefore, there were three yes votes and three no votes. Mayor Apking had to break the tie. Mayor Apking stated that this was the most exciting but difficult decisions he has had to make in the years that he has been involved and that he wanted to see this go to the voters to see what the residents chose. He discussed the successful development at Union Center Blvd. and that residents need to travel to Fields-Ertel or Union Center to dine at nice restaurants. He also stated that he prayed for wisdom and guidance in making this decision. He stated that he was impressed with the quality of Anchor and that they are investing seventy million dollars in Evendale to develop the property. It will give us opportunity for the development of other properties in the Village and will revitalize other businesses. Mayor Apking voted yes. He said he looks forward to working with Anchor. Mayor Apking declared Ordinance 04-52A adopted.

Mr. Puthoff made a motion to indefinitely table 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 motion was seconded by Mrs. Hartman and unanimously approved on roll call. Ordinance #04-53 was tabled indefinitely.

Mayor Apking presented Ordinance #04-57, APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS AND DECLARING AN EMERGENCY. There was no discussion. A motion to read Ordinance 04-57 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 their readings of Ordinance 04-57 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance 04-57 was made by Mrs. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance 04-57 adopted as an emergency measure.

Mayor Apking presented Ordinance 04-58, “ORDINANCE RATIFYING THE CONTRACT WITH FEICHTNER BROS. PLUMBING COMPANY FOR THE EMERGENCY REPLACEMENT OF A COMMERCIAL WATER HEATER IN THE RECREATION CENTER AND DECLARING AN EMERGENCY. A motion to read Ordinance 04-58 by title only was made by Mr. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and their readings of Ordinance 04-58 was made by Mr. Vonderhaar, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Ordinance 04-58 was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance 04-58 adopted as an emergency measure.

Mayor Apking presented Ordinance #04-59, ORDINANCE TO ESTABLISH FEES FOR EMERGENCY MEDICAL SERVICES (“EMS”) AND AUTHORIZING THE MAYOR, FINANCE DIRECTOR OR THEIR DESIGNEES TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE COLLECTION AND PAYMENT OF SAID FEES, INCLUDING A CONTRACT WITH MEDICOUNT MANAGEMENT, INC. NECESSARY FOR THE COLLECTION AND PAYMENT OF SAID FEE AND DIRECTING THOSE OFFICERS TO ESTABLISH A SEPARATE FUND FOR RECEIPT OF MONEY GENERATED FROM EMS BILLING AND EXPENDITURES OF SUCH MONEY FOR THE ENHANCEMENT OF THE FIRE DIVISION SERVICES PROVIDED BY THE VILLAGE. Mrs. Hartman stated that these are fees that will be collected from insurance companies and not residents. Mr. Albrinck stated that if a resident receives EMS service then the fire department will generate a letter to that resident to assure them that they will not be billed. Residents will not be billed, only their insurance companies will be billed. For non-residents, if the insurance company does not cover the bill they will be sent three notices of billing and if they go unpaid they will not be turned over to a collections agency. Mr. Schaefer stated his concern that this will eventually raise individual’s cost for health insurance. Mr. Albrinck raised a concern about language at the end of Section 2. Mr. Albrinck made a motion to add at the end of Section 2 “and any other third party insurance companies.” The motion was seconded by Mr. Vonderhaar. After some discussion, Mr. Schaefer made a motion to table Ordinance #04-59 until clarified. The motion was never seconded. Chief John Vail stated that this language that is written works for 120 other communities. There are only three in Hamilton County that do not use this company. It is my suggestion that we go with this contract. If we do find flaws in this contract it is up for renewal in one year and changes can be made at that time. Jack Cameron confirmed that the language does not have to be changed. Tim Burke recommended that they pass the ordinance as written because it has been used by other several communities. Mr. Albrinck and Mr. Vonderhaar withdrew their motions to add to the end of Section 2 “and any other third party insurance companies”.
A motion to read Ordinance #04-59 by title only was made by Mrs. Hartman, seconded by Mr. Albrinck and approved by Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Vonderhaar, Mr. Albrinck and Mrs. Hartman. Mr. Schaefer voted no. A motion to suspend the second and third readings of Ordinance #04-59 was made by Mrs. Hartman, seconded by Mr. Vonderhaar and approved by Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Vonderhaar, Mr. Albrinck and Mrs. Hartman. Mr. Schaefer voted no. A motion to adopted Ordinance #04-59 was made by Mr. Puthoff, seconded by Mr. Albrinck and approved by Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Vonderhaar, Mr. Albrinck and Mrs. Hartman. Mr. Schaefer voted no. Mayor Apking declared the Ordinance 04-59 adopted.

Other Items included:

Mr. Vonderhaar mentioned the invitation from Princeton City Schools for the Community Officials Night Friday, September 17 football game.

Mayor Apking asked for a motion to adjourn. Mr. Puthoff made a motion to adjourn. The motion was seconded Mr. Vonderhaar and unanimously approved on roll call. The meeting adjourned 8:20 pm.

                                                _______________________
                                                Mayor
Attest:
__________________________
Village Clerk