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Village Council Minutes 12-09-04
M I N U T E S

The Village of Evendale
Regular Council Meeting
December 9, 2004


The Village of Evendale held a Public Discussion Session prior to the Regularly Scheduled Council Meeting. There was no discussion.

The Village of Evendale held a Public Hearing on So-Low Environmental Equipment Company, located at 10310 Spartan Drive, Evendale, Ohio 45215. So-Low has submitted an application requesting a variance from the Evendale Zoning Code Section 1250.04. This section limits the maximum building coverage to 40% of the lot. So-Low is requesting a zoning variance so that an addition can be constructed on the property that will cover 49.5% of the lot. Lynn Watts, a member of the Zoning Board of Appeals stated that the board unanimously supported the variance but could not pass it because of the way the regulations read. The business has been in Evendale since the 1970s, is a valuable business in Evendale and the expansion would be on their own property.  The Zoning Board would like to see So-Low stay in Evendale. There was no further discussion. A motion to close the public hearing was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call.

The Village of Evendale held a Public Hearing on the Ordinance 04-64, “Amending the Provisions of the Zoning Code of the Village of Evendale to Add Definitions of “Garage” and “Storage Structure” and to Provide for Amended Regulations for Accessory Structures” and Ordinance 04-65, “Ordinance Amending the Provisions of the Zoning Code of the Village of Evendale to Clarify Public Hearing Requirements.”  There was no discussion.  A motion to close the public hearing was made by Mr. Vonderhaar, seconded by Mrs. Hartman and unanimously approved on roll call.

The Village of Evendale held a Public Hearing on the preliminary budget for year 2005.  Phil Schneider spoke. His first concern was with the Historical Commission. He stated that from 2001-2003 the Village has spend $32,000 with the Historical Commission. $12,500 went into the publication of the Gorman Heritage Farm book. 2000 books were made and only 420 were picked up. Mr. Schneider recognized that the residents appreciate the work that the Historical Commission is doing but not that much. Since we are trying to cut expenses this is an area we should look at. The Historical Commission requested $15,000 for 2005 and it was cut back to $10,000. Mr. Schneider requested via email a breakdown of the $10,000 from Mr. Vonderhaar and received no response. Mr. Vonderhaar stated that he will respond after the Historical Society meeting because Dian Lemen has the figures. Mr. Schneider stated that the Historical Commission spent $42,000 in five years and we are trying to find money in the Village. Mr. Schneider asked where they came up with the $15,000 figure that Historical Commission requested for the 2005 budget. Mr. Schneider’s second concern was that the Recreation Department still operates three vehicles. His concern was with the expense of insurance for the vehicles. Mayor Apking said we have a blanket coverage and the insurance does not amount to much. The Mayor said the expense would come in repairing the vehicles. The vehicles are used for Village business. George Snyder stated that the council committee this month approved the purchase of a mower for the Service Department. This expense was in the budget for 2004. It was also placed in the budget for 2005 because council had said no to buying that mower. The budget had to be modified to reflect this. Mr. Snyder prepared the ordinance to reflect the change and they were handed out to the Council. A motion to close the public hearing was made by Mr. Puthoff seconded by Mr. Schaefer 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; 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. Puthoff seconded by Mrs. Smiley-Robertson and unanimously approved on roll call.

Mayor Don Apking thanked Tom Stautberg and the Evendale Chamber of Commerce for the Holiday Dinner at St. Rita’s where 80 people attended.

Mr. Schaefer stated that their committee discussed the mower for the Service Department. We are purchasing a 120 inch mower rather than replacing a 72 inch mower to cut the grass more efficiently with less man hours. Cutting must be coordinated with the schedule here as far as games are concerned. We also put $25,000 in the budget to contract out some of the mowing on the land banked parcels if necessary and it will be explored further.

Mr. Albrinck reported on Finances. The November receipts were about $666,000 and expenses were $689,000. The Village expects a larger deficit in December because there are three pay periods and $280,000 note is due on the Church Hill property.

Tom Luebbers with Schaeffer Williams Bond Council explained TIF (Tax Implement Financing) financing for the Anchor Development. Tim Burke, Linda Fitzgerald, Jack Cameron, George Snyder, Mayor Apking met with Mr. Luebbers last week.

The Mayor stated that the Village asked Anchor to make the main roads going back into the development public roads. The entranceways and widening of Reading and Glendale-Milford Roads would be Anchor’s responsibility. Mr. Luebbers stated that he had no specifics on this project but would explain what TIF financing was about. Mr. Luebbers explained that the Village would capture the taxes that would otherwise be paid to the school district and the county and would be permitted to use them for public infrastructure improvements that are made necessary by a private developer. Mr. Albrinck asked if it included landscaping and fountains that were recommended. Mr. Luebbers said yes if it is in the public right of way and not on the developers land. Mr. Luebbers stated that the essence of the TIF financing is you take money that would otherwise go to different political subdivisions and use it for the Village’s public improvements. You are permitted to negotiate an agreement with the school board on compensation. With school board approval you can capture 100% of the value for a maximum of thirty years. Without school board approval you can capture 75% of the value for a maximum of ten years. Mayor Apking asked what the advantage is to the Village to use TIF financing because we do not want to hurt the schools. The advantage is you obtain special funds to build public improvements and do not use Village general funds monies for that purpose. It does not increase property owners’ taxes and private development generates increased payroll. If increased payroll exceeds $1 million dollars then you split the taxes fifty/fifty if the Village and school board cannot agree. Mr. Luebbers explained that council would pass an ordinance describing public improvements generally, not specifically, as to what they would use the TIF on and when all of these described public improvements are completed and paid for the TIF terminates. Chuck Melampy, Otterbein Road, asked whether or not adjacent property to the development could be purchased with TIF funding monies to improve the development. Mr. Luebbers stated that you cannot buy property and give it to the developer, however, if the Village buys that property it has to own it and use it for some other purpose such as a park. Linda Fitzgerald stated that the Village established a formula sharing with Princeton School District for our Enterprise Zone Program and both parties are very happy with the agreement. She feels we could negotiate the same terms for the TIF funding. Mr. Schaefer stated that when he attended the Municipal League in October they cautioned about using TIF funding. There is risk involved. Mayor Apking stated that the developer (Anchor) has agreed to buy the bonds so the risk is right back on the developer and the Village would get the money up front. Mr. Puthoff stated that he would like to look at the numbers more closely before considering the TIF financing. Linda Fitzgerald shared that the schools like to receive money from TIF funding up front because it does not count toward their state allocation, so TIF could be a positive issue for the schools as well. Mrs. Smiley-Robertson said she has no problem with exploring the option of TIF financing; however, she does not want to do anything that deprives the school district of tax revenue that they should be receiving. Mr. Schaefer said that Anchor specifically told him that they would not use TIF financing and that Anchor specifically put in writing that the improvements would be done at their expense. Mr. Albrinck stated that if it does not harm the school district and the Village could benefit from TIF financing then this option needs to be examined more closely. Mayor Apking stated that after the meeting with Anchor about TIF financing they said the Village would get $300,000 a year from this funding and the schools would get money up front. It was decided to learn more details about the TIF financing before making a decision.

Mayor Apking presented Resolution #04-37A RESOLUTION GRANTING A VARIANCE FROM SECTION 1250.04 FROM THE VILLAGE OF EVENDALE ZONING CODE TO PERMIT LOT COVERAGE AT SO-LOW ENVIRONMENTAL EQUIPMENT COMPANY TO EXCEED FORTY PERCENT (40%) AND DECLARING AN EMERGENCY. Mr. Schaefer’s concerned that if they make an exception for this company then they would have to make it for another company down the road. Mrs. Smiley-Robertson stated that So-Low’s specific line of business within the industrial use requires them to go to a new level of technology to be competitive in today’s business then that same rationale might not apply for the next company that wants to expand to 50% of lot coverage. Council must consider that they can justify why they need an increase, the surrounding property owners did not object and the specific location of the property. This business has been in the Village a very long time and put together sound arguments as to why they need to expand on that particular property. Mr. Jim Schum from So-Low Enterprises spoke. He explained that they have been in Evendale since 1978 and have outgrown their facility. They were split into two buildings for eighteen years originally with one building in Woodlawn. If they cannot expand on the Spartan Drive property then they will have to move some of the jobs back to Woodlawn in order to expand. The addition would expand the building to 49% over all of the property that So-Low owns on Spartan drive which is one lot. Their company manufactures ultra low freezers for medical research, biological samples and other industries. Mr. Puthoff stated that the expansion would allow for the jobs to stay in Evendale. A motion to read Resolution 04-37A by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck. Mr. Vonderhaar, Mr. Albrinck, Mrs. Smiley-Robertson, Mrs. Hartman, and Mr. Puthoff voted yes. Mr. Schaefer voted no.  A motion to suspend the second and third readings of Resolution 04-37A was made by Mrs. Hartman, seconded by Mr. Vonderhaar. Mr. Vonderhaar, Mr. Albrinck, Mrs. Smiley-Robertson, Mrs. Hartman, and Mr. Puthoff voted yes. Mr. Schaefer voted no.  A motion to adopt Resolution 04-37A was made by Mr. Puthoff, seconded by Mr. Vonderhaar. Mr. Vonderhaar, Mr. Albrinck, Mrs. Smiley-Robertson, Mrs. Hartman, and Mr. Puthoff voted yes. Mr. Schaefer voted no.  Mayor Apking declared Resolution 04-37A adopted as an emergency.

Mayor Apking presented Resolution 04-37B RESOLUTION DENYING A VARIANCE FROM SECTION 1250.04 FROM THE VILLAGE OF EVENDALE ZONING CODE TO PERMIT LOT COVERAGE AT SO-LOW ENVRIONMENTAL EQUIPMENT COMPANY TO EXCEED FORTY PERCENT (40%) AND DECLARING AN EMERGENCY. A motion to table indefinitely Resolution 04-37B was made by Mr. Voderhaar, seconded by Mr. Albrinck and unanimously approved. Resolution 04-37B was tabled indefinitely.

Mayor Apking presented Ordinance #04-64,        ORDINANCE AMENDING THE PROVISIONS OF THE ZONING CODE OF THE VILLAGE OF EVENDALE TO ADD DEFINITIONS OF “GARAGE” AND “STORAGE STRUCTURE” AND TO PROVIDE FOR AMENDED REGULATIONS FOR ACCESSORY STRUCTURES AND DECLARING AN EMERGENCY. This was the third reading of the ordinance. Don Mercer was not at the Planning Commission meeting at the time the figures were agreed upon for the size of the garages. Mr. Mercer recommended in a memo dated November 23, 2004 to Council to increase the maximum square feet of a garage to be 800 square feet rather than the 500 square feet recommended by Planning Commission. Mr. Schaefer motioned that council amend this ordinance to incorporate Don Mercer’s recommendation. Mr. Puthoff seconded the motion to amend Ordinance #04-64 and it was unanimously approved to amend the ordinance. Mr. Mercer also recommended in his memo to limit the number of detached garages to one per lot. Mr. Schaefer made a motion to amend Ordinance #04-64 by adding in Section 1B number (9) “there shall be no more than one detached garage per lot.” Mr. Vonderhaar seconded the motion and it was unanimously approved. A motion to read Ordinance #04-64 by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #04-64 as amended was made by Mr. Vonderhaar, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Ordinance #04-64 adopted.

Mayor Apking presented Ordinance #04-65, ORDINANCE AMENDING THE PROVISIONS OF THE ZONING CODE OF THE VILLAGE OF EVENDALE TO CLARIFY PUBLIC HEARING REQUIREMENTS AND DECLARING AN EMERGENCY. This was the third reading of the ordinance. A motion to read Ordinance #04-65 by title only was made by Mr. Puthoff, seconded by Mrs. Hartman and unanimously approved on roll call. A motion to adopt Ordinance #04-65 was made by Mrs. Smiley-Robertson, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #04-65 adopted.

Mayor Apking presented Ordinance #04-67, ORDINANCE APPOINTING SUSAN VAN AMERONGEN TO THE PLANNING COMMISSION OF THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. A motion to read Ordinance #04-67 by title only was made by Mrs. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #04-67 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #04-67 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #04-67 adopted as an emergency.

Mayor Apking presented Ordinance #04-68, ORDINANCE MAKING VARIOUS APPOINTMENTS TO BOARDS AND COMMISSIONS WITHIN THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. A motion to read Ordinance #04-68 by title only was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #04-68 was made by Mrs. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #04-68 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #04-68 adopted as an emergency.

Mayor Apking presented Ordinance #04-69, ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ANCHOR ACQUISITIONS, LTD. TO PROVIDE FOR THE RELOCATION OF GRAVE SITES FROM THE ANCHOR PROPERTY TO VILLAGE OF EVENDALE PROPERTY ASSOCIATED WITH GORMAN HERITAGE FARM. Mr. Vonderhaar asked if by moving the graves from the Anchor Development site to the Gorman Heritage Farm which is Village property, does it put the Village in the cemetery business. Mr. Burke stated that there will be probate court approval specifically authorizing this to happen before the graves can be moved. There will be a specific procedure and the Village will be protected by that and in addition to that, Anchor will be naming the Village as an additional named insured on their insurance policy. Mr. Schaefer’s concern was the next of kin. The Mayor stated that we had already spoken with the family who lives in Colorado and Kansas and it was no problem. Mr. Schaefer is worried that the Gorman Farm property is leased to the foundation from the Village. He also stated that he does not see specifically where the graves will be on the Gorman Farm property. Mr. Schaefer recommended a first reading until they know where the graves will be and that the next of kin is okay with it. Mr. Burke stated that the Ordinance does provide that the selection of the location of the grave site is totally with the discretion of the Village and the Village has a very good working relationship with the Gorman Heritage Farm Foundation. I see no reason why they could not agree. Mr. Schaefer said it is a matter of completeness. Mr. Albrinck said that if we control where it is going to go then there is no reason to make it a first reading only. Jack Cameron stated that Anchor is not in a hurry to get the ordinance passed tonight. The Ordinance allows the Mayor to sign it and he does not have to sign it tonight until the details are worked out.  Mr. Burke stated that the insurance policy says they know the Mayor will not sign the agreement until they give us the certificate of insurance. The Village is in control of the details until the agreement is signed. Mrs. Smiley-Robertson said that with so many things in the balance there is no problem making it a first reading. A motion to read Ordinance #04-69 by title only was made by Mrs. Hartman, seconded by Mr. Albrinck and Mrs. Hartman, Mr. Albrinck, Mr. Puthoff, Mrs. Smiley-Robertson and Mr. Schaefer voted yes. Mr. Vonderhaar voted no. The Mayor declared this a first reading of Ordinance #04-69.

Mayor Apking presented Ordinance #04-70, ORDINANCE PROVIDING FOR SALARY AND BENEFIT INCREASES AND ADJUSTING AND CLARIFYING WORKING CONDITIONS FOR FULL TIME AND QUALIFIED PART TIME EMPLOYEES  OF THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. A motion to read Ordinance #04-70 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 #04-70 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #04-70 as an emergency was made by Mr. Puthoff, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Ordinance #04-70 adopted as an emergency.

Mayor Apking presented Ordinance #04-71, ORDINANCE MAKING ANNUAL APPROPRIATIONS FOR CURRENT EXPENSES AND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2005 AND DECLARING AN EMERGENCY. An amended Ordinance #04-71 was distributed earlier in the meeting by George Snyder to reflect the purchase of a 120 inch lawn mower for the Service Department. A motion to read Ordinance #04-71 as amended was made by Mrs. Hartman, seconded y Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 04-71 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #04-71 as amended was made by Mrs. Smiley-Robertson, seconded by Mrs. Hartman and unanimously approved on roll call. Mayor Apking declared amended Ordinance #04-71 adopted as an emergency. Mr. Albrinck stated that the Mayor and Department Heads were able to cut out a significant amount of money from the proposed budget and there were a number of concessions made by the Department Heads to achieve this. We made a promise when we placed this issue before the voters that we would scrutinize the budget and the proposed 2005 budget was cut by approximately one million dollars so we tightened the belt pretty good. Mrs. Hartman commended George for looking at historical data to justify the numbers. Mrs. Smiley-Robertson commended the Mayor and said the budget process ran much smoother this year and made it easier for Council to do their part by the way he had it laid out. Mr. Vonderhaar stated that Mr. Albrinck did a great job with the Financial Committee as well. Mr. Schaefer stated that our income is projected to be $438,000 more than our expenses for 2005. Mayor Apking stated that surplus does not include the larger capital items such as road projects.

Mayor Apking presented Ordinance #04-72, APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS, TRANSFERRING FUNDS AND DECLARING AN EMERGENCY. A motion to read Ordinance #04-72 by title only was made by Mr. Puthoff, seconded by Mrs. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #04-72 was made by Mrs. Smiley-Robertson, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #04-72 as an emergency was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #04-72 adopted as an emergency.

Mayor Apking presented Ordinance #04-73, ORDINANCE AMENDING SECTION 890.03, IMPOSITION OF TAX, OF THE EVENDALE CODIFIED ORDINANCES, BY CONFORMING THE RATE OF TAX IMPOSED TO THE RATE APPROVED BY THE ELECTORS OF THE VILLAGE OF EVENDALE BEING 1 2/10 PERCENT (1.2%) PER ANNUM AND DECLARING AN EMERGENCY. A motion to read Ordinance #04-73 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 Ordinance #04-73 was made by Mr. Albrinck, seconded by Mrs. Hartman and unanimously approved on roll call. A motion to adopt Ordinance #04-73 as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #04-73 adopted as an emergency.

Mayor Apking presented Ordinance #04-74, ORDINANCE AMENDING CHAPTER 890, EARNED INCOME TAX, OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. Mr. Schaefer made a motion to table indefinitely Ordinance #04-74. The motion was seconded by Mr. Puthoff and unanimously approved on roll call. Ordinance #04-74 was tabled indefinitely.

Mayor Apking presented Ordinance #04-75, ORDINANCE AUTHORIZING THE PURCHASE OF A NEW 120-INCH GROUND MASTER MOWER AND DECLARING AN EMERGENCY. A motion to read Ordinance #04-75 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 #04-75 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #04-75 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #04-75 adopted as an emergency.

Other Items included:

Phil Schneider stated that at the Town Meeting he asked by ICRC schedule of televised council meetings is not in the newsletter and it has not appeared in the newsletter since he asked about it in October. Mayor Apking asked Jack to check with Lynne Thole to find out why it is not in the newsletter.

Mayor Apking asked for a motion to adjourn into Executive Session to discuss personnel issues. Mr. Schaefer made a motion to adjourn. The motion was seconded Mr. Puthoff and unanimously approved on roll call. The meeting adjourned into Executive Session at 8:55 pm.

Council reconvened at 9:35 p.m. and there being no further business to come before Council, a motion to adjourn was made by Mrs. Smiley-Robertson seconded by Mr. Schaefer and unanimously approved on roll call.

                                                _______________________
                                                Mayor
Attest:

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Village Clerk