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Village Council Minutes 02-10-05
M I N U T E S

The Village of Evendale
Regular Council Meeting
February 10, 2005


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 prior to its regularly scheduled Council meeting. The purpose of the public hearing was to consider an application for approval of a Water Management and Sedimentation Control (WMSC) Permit for Neyra Properties, Inc., located at 10700 Evendale Drive.  The application is governed by Chapter 1466 of the Codified Ordinances of the Village of Evendale.  The 13-acre site where the work is proposed to be done is located off of Medallion Drive and is identified as Hamilton County Auditor’s Book 611, Plat 40, Parcel 43.  A copy of the complete application for the plan approval, including the plans for the grading, is on file and available for public inspection in the Building Department at Village of Evendale Administration Building. Fritz Greulich from Watkins Manufacturing addressed council. Mr. Greulich stated that when he signed a temporary easement it was for a temporary road for construction to develop the site behind it but not meant to be permanent. He was concerned the road would be ugly and look like an alley and bring a lot of traffic. James Jeffers stated that there is a permanent easement that was granted and is recorded. Chris Schaefer stated that a letter was received from the Millcreek Valley Conservancy District that expressed a concern about the conflict of this property with the proposed plan by the Corps of Engineers for a channel modification of the Millcreek. James Jeffers said that the grading is following FEMA and the Corps guidelines here. As long as they are not grading on the floodway they are permitted to do grading within the flood plane. Mr. Jeffers said he discussed with the Corp both projects and said they will not at this point entertain any review of the properties under a proposal because it is not definite that the Corps plan to modify the Millcreek will go through at this time. Bill Puthoff asked if the concerns that Mr. Huitager expressed in the December 7th letter been taken care of. Mr. Jeffers said yes other than one issue they are working on in the railroad area. Carolyn Smiley-Robertson stated that it would be helpful to get more documentation. Mr. Jeffers said they Neyra has a recorded easement now that falls upon the land of Rural Metro. Al Kessler from Neyra  said it is the only access to the property. Mr. Jeffers said all this Ordinance is asking is to fill the property with the intent of developing the property sometime in the future. Doug Lohmeier said that the Village was not required to and took no action in the Neyra and Neyer easement agreement. Rural Metro came in with no tax abatements and did not have to come to the Village for approval. The Mayor suggested that we meet with Mr. Greulich from Watkins and with Neyra to work something out that would benefit Watkins and Rural Metro as well. Mr. Jeffers said that this subject tonight is simply for filling in the site and they will bring in materials to cover 11 acres. Al Kessler  with Neyra Construction sister company of Neyra Properties spoke. He said the plan for the road now is 25-30 ft. from Watkins property and he is willing to work with the property owners and shift the road one way or another. They would like to landscape the area between the two buildings like they did on Evendale Drive at their main facility. The long-term plan is for Neyra  to develop the property themselves with three building on the site that are office warehouse type operations and they will come before council with their finished plans when they are ready to go. A motion to close the public hearing was made by Mr. Puthoff, seconded by Mr. Vonderhaar 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; 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 consisting of January 13, 2005 Council Meeting Minutes; CFO Report for January, 2005; Tax Administrator’s Reports for January, 2005; current Departmental Reports and the Treasurer’s Report for January, 2005.  A motion to accept the consent calendar was made by Mrs. Hartman seconded Mrs. Smiley-Robertson and unanimously approved on roll call.

Mayor Don Apking stated that he attended several meetings with the Millcreek Conservancy District and what they are proposing are three different plans. The first would cost significantly less with less results and would cost communities $90 million dollars (Reading, Evendale, Sharonville). Evendale’s part of that is 48%. The second is the widening of the creek which would eliminate several of our businesses including Watsons and Watkins and would make severe changes in the creek moving the channel eastward by 50 feet. This would cost $600 million dollars and the three communities would be required to pay 25-30% of that. The third plan is to put a tunnel through and is by far the best way to do it but it costs $1.6 billion dollars and Metropolitan Sewer District would pick up about $600 million of that and the three communities would pay 48% of the remainder. Evendale, Sharonville, and Readings have problems with all of the plans except the deep tunnel plan because of the buildings and land that would be taken and the jobs that would be lost and the effect on the different communities, especially Reading, the way it was proposed. Our federal government spent $12 million dollars on this project with the Corp of Engineers. The plans alone cost $12 million dollars. We will try to meet with the county commissioners and see if they would work with us to get other communities in the storm water districts to contribute money toward a solution. The water is coming from Butler County. Nancy Elwood informed me that Butler County puts so much water a day through their sewer treatment plant into the Millcreek that if we removed that water we could walk across the creek at any time.

Mr. Schaefer stated that the Police-Engineering-Service and Gorman Farm Council Committee did meet and filed a report. No one from Gorman Farm was present at the council meeting.

Jeff Albrinck stated that his committee did not meet. Income for January was approximately $1.46 million dollars and expenses were just a few thousand dollars less than that. The tax increase is in effect, however, we will not see the benefits from it until next month.

Mayor Apking announced that the Village suffered a tragic loss this morning. There was a fatal car accident on Glendale-Milford Road and one of our residents, Julie Nguyen was killed. He offered his condolences to her husband, Duke and their three daughters. There was a moment of silence.  Mayor Apking announced that Ross Morin scored over 1000 and is the all-time high scoring male basketball player at Princeton High School.

Mayor Apking presented Resolution Ordinance #05-06 ORDINANCE APPROVING WATER MANAGEMENT AND SEDIMENTATION CONTROL PLANS FOR NEYRA PROPERTIES, INC. AND AUTHORIZING BUILDING COMMISSIONER TO ISSUE PERMIT AND DECLARING AN EMERGENCY. Mrs. Hartman asked what impact it would have on water flow. Mayor Apking said it would just raise their property up seven feet. James Jeffers said that the Corp of Engineers parameters do allow for the creek level to be risen. A motion to read Ordinance 05-06 by title only was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 05-06 was made by Mr. Albrinck, and seconded by Mrs. Smiley-Robertson.  Mr. Vonderhaar, Mr. Albrinck, Mrs. Smiley-Robertson, Mrs. Hartman  and Mr. Puthoff voted yes and Mr. Schaefer voted no. A motion to adopt Ordinance 05-06 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance 05-06 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. Mayor Apking stated that the Historical Society has him convinced that the graves should be moved to Rest Haven instead of Gorman Heritage Farm. At a meeting in Columbus they discussed relocating bodies on public properties and how difficult it is to do it and establish monies for perpetual care. Anchor will still give $50,000 minus the cost of the gravesite (approximately $5,000) to Gorman Farm. Tim Burke stated that on the agenda is the original Ordinance #04-69 that would authorize the move of the gravesite to Gorman Farm. If you wish Anchor to move the remains to the cemetery you would table Ordinance #04-69 and consider the revised Ordinance which states that Anchor would give Gorman Farm $50,000 minus the cost of the grave site. Mr Puthoff asked whether or not Anchor would still pay for the cost of moving the graves and Mr. Burke said yes. Mr. Schaefer made a motion to table Ordinance #04-69 and amend the Agenda to consider Ordinance #05-08 which is the revised ordinance.  Mrs. Hartman seconded the motion and it was unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #05-08 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #05-08 as an emergency was made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance 05-08 adopted as an emergency.

Mayor Apking presented Ordinance #05-07 ORDINANCE AUTHORIZING THE PURCHASE OF A 2005 F550 FORD DUMP TRUCK AND A PLOW AND SALT EQUIPMENT FOR THE TRUCK AND DECLARING AN EMERGENCY. A motion to read Ordinance 05-07 by title only was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 05-07 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance 05-07 as an emergency was made by Mrs. Hartman, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #05-07 adopted as an emergency.

Mayor Apking presented Resolution #05-05A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF THE EVENDALE SIGN ORDINANCE PERMITTING TWO NEW SIGNS AT THE GORMAN HERITAGE FARM AT 3035 GORMAN HERITAGE FARM LANE AND DECLARING AN EMERGENCY. Mr. Vonderhaar stated that the only reason this came before the sign variance committee is because the area on Cooper Road is zoned residential. He asked Mr. Schaefer and the Planning Commission to look into changing the zoning to a public facilities and also for the Griffin property. Mayor Apking stated that they are going to check into this. A motion to read Resolution 05-05A 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 05-05A was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Resolution 05-05A as an emergency was made by Mrs. Hartman, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Resolution #05-05A adopted as an emergency.

Mr. Puthoff made a motion to table Resolution 05-05B RESOLUTION DENYING A SIGN VARIANCE FOR THE GORMAN HERITAGE FARM FOUNDATION AT 3035 GORMAN HERITAGE FARM LANE. This motion was seconded by Mr. Schaefer and unanimously approved on roll call.

Mrs. Carolyn Smiley-Robertson expressed a concern on rezoning Gorman Farm as a public facilities. She stated that the property that runs along Cooper Road should have special consideration because it is across from and adjoins residential properties and may have to be considered differently than the properties along Reading Road.

Other Items included:

Mr. Puthoff expressed frustration over the fact that there is still a temporary sign in place at Village Crossings for the Surgery Center. Mayor Apking said he was told that the permanent sign would be in place in the next month or two. Mayor Apking stated that the Village Crossing is going to be sold.

Mayor Apking asked for a motion to adjourn into Executive Session to discuss property acquisitions. Mr. Vonderhaar made a motion to adjourn. The motion was seconded Mr. Albrinck and unanimously approved on roll call. The meeting adjourned into Executive Session at 8:00 pm.

Council reconvened at 8:25 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. Vonderhaar and unanimously approved on roll call.

                                                _______________________
                                                Mayor
Attest:



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Village Clerk