 |
M I N U T E S
The Village of Evendale
Regular Council Meeting
March 10, 2005
The Village of Evendale held a Public Discussion Session prior to the Regularly Scheduled Council Meeting. Lynn Watts addressed Council. She asked what the financial impact was of moving General Electric jobs out of Evendale. The Mayor stated that the impact would be approximately $350,000 and that Linda Fitzgerald, Jack Cameron, Anchor and GE officials were going to meet with him next week and discuss bringing those jobs back to Evendale in a few years. General Electric employees will move in May so for 2005 there will be a reduction in $200,000. Mr. Albrinck stated that there was a $200,000 correction from the budget where the line item did not transfer completely that added another $200,000 to our anticipated expenditures for the year. This and the transfer of GE employees ate up the anticipated $400,000 contingency for the year. It was
determined that there needs to be better communication between the Village and GE. Mrs. Smiley-Robertson stated that we did have contingency to cover that and we were prepared for it. We were not notified in advance, but that is why you put contingencies in budgets. Lynn Watts asked the appraisal amount of the 3047 Inwood property. Mayor Apking stated that it was appraised at $220,000. The Burr property was also being purchased and she asked what the Village plans to use it for. Mayor Apking stated that the Reading Road Revitalization plan included an entrance into the Village and the Burr property would be used for this purpose. Secondly, the Village will control the seven acres on the hill. In the past the Mayor has turned down people looking at building a nursing home, houses on the hill and storage facilities. Mayor Apking stated that the 3047 Inwood property is contiguous to the commercial property that the Village owns on Reading Road and to the eighteen acres that we own
behind it. Lynn Watts stated that we have no contingency monies and we are purchasing $420,000 and need to maintain the property until someone buys it and develops it. Ms. Watts asked about the Churchill property that the proposed Retirement Resort would be built on. She asked if the bond on the property stipulated that it must be used for public purposes. Mr. Albrinck explained that the bond that was taken out gave us the flexibility to have it developed by a private developer.
The Village of Evendale held a public hearing prior to its regularly scheduled Council meeting. The purpose of the two public hearings was to consider a proposed zone change and an amendment to a Planned Business Development Concept Plan for a project to be known as the Evendale Commons Business Park (also referred to as the Anchor Development), which is proposed to be constructed on property generally southwest of the intersection of Reading Road and Glendale-Milford Road. The public hearings will be on two issues:
(1) A zone change from Office Research (“OR”) to Heavy Commercial (“HC”) on a 2.0+/- acre tract of land located at 10165 Reading Road, and currently owned by Stiney Investments I Ltd., being identified on the Records of the Hamilton County Auditor in Book 611, Page 20, as Parcels 12 and 71 and commonly known as the Evendale Motel.
(2) An amendment adding the above referenced 2.0+/- acre tract of land located at 10165 Reading Road to the approved Planned Business Development concept plan for the Evendale Commerce Park.
There was no discussion. A motion to close the public hearing was made by Mr. Albrinck, seconded by Mrs. Smiley-Robertson 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: Recreation Director, Dave Nichols; Assistant to the Mayor, Jack Cameron; Economic Developer, Linda Fitzgerald; Fire Chief, John Vail; 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 February 10, 2005 Council Meeting Minutes; CFO Report for February, 2005; Tax Administrator’s Reports for February, 2005; current Departmental Reports and the Treasurer’s Report for February, 2005. A motion to accept the consent calendar was made by Mr. Vonderhaar seconded Mr. Albrinck and unanimously approved on roll call.
Mayor Apking presented Resolution #05-06, RESOLUTION OF APPRECIATION TO ROY STEGMANN. A motion to read Resolution 05-06 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 Resolution 05-06 was made by Mrs. Hartman, and seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Resolution 05-06 as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution 05-06 adopted as an emergency. Mayor Apking presented a framed copy of the Resolution to Roy Stegmann and thanked him for helping to preserve the history of Evendale and for donating the artifacts to the Village.
Mayor Apking presented Ordinance #05-09, ORDINANCE APPROVING A ZONE CHANGE FROM OFFICE RESEARCH (“OR”) TO HEAVY COMMERCIAL (“HC”) ON A 2.0 ACRE TRACT OF LAND LOCATED AT 10165 READING ROAD AND AMENDING ORDINANCE 04-52A TO INCORPORATE SAID PROPERTY IN THE PLANNED BUSINESS DEVELOPMENT OVERLAY DESCRIBED IN THAT ORDINANCE AND DECLARING AN EMERGENCY. Mr. Vonderhaar recused himself from the vote for conflict of interest. Mr. Schaefer stated that the Vonderhaar Motel property is being incorporated into the development by Anchor providing one more out lot and a shift in the entrances to the various lots. A motion to read Ordinance 05-09 by title only was made by Mr. Albrinck, seconded by Mrs. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of the Ordinance was made by Mrs.
Smiley-Robertson, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance 05-09 as an emergency was made by Mrs. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance 05-09 adopted as an emergency.
Mayor Apking presented Ordinance #05-10 ORDINANCE APPROVING A PRELIMINARY SUBDIVISION PLAN FOR THE EVENDALE COMMONS BUSINESS PARK AND DECLARING AN EMERGENCY. Mr. Schaefer expressed a concern that in our code it says that if the final plan conforms with the preliminary plan it will be approved and he wanted it made clear that we are not approving the entranceways. Mr. Schaefer was also concerned about an easement being established along the Millcreek to access the creek if necessary and asked that additional language be added to the ordinance to clarify this. He suggested that we amend the ordinance 05-10 as Tim Burke recommended with regard to the entrances off of Reading and Glendale Milford Road and also add language concerning easements along the creek. Mrs. Smiley-Robertson stated that this is preliminary and gives no authorization
to Anchor whatsoever to develop it and just indicates to us the intention of the development at this time. It was determined to amend the Ordinance 05-10 by adding the following to the end of Section 1: “The adoption of this ordinance and its approval of the subdivision does not constitute approval of the improvements depicted on Reading Road or Glendale Milford Road or the intersections of Reading Road and the main Reading Road access to the subdivision or Glendale Milford Road and the Glendale Milford Road access to the site. The approval of this preliminary subdivision plan is further conditioned on the subdivider and its successors and assigns providing access to the Millcreek and greenbelt areas satisfactory to the Village on the final subdivision plan.” Mrs. Smiley-Robertson suggested that we create an issue list specifically for Council including items on anything outstanding that has to be addressed and that we have a specific date that it has to be resolved and
a person responsible for that. It would help to have a printed list of items to facilitate that these issues are attended to. Mrs. Smiley-Robertson said that she would generate the list and suggested that Micki keep the list and any documentation pertaining to the action items. Mr. Schaefer said it is Planning Commission’s responsibility to make sure that the action items on the McBride letter are taken care of and if not, deferred to a later date and to notify council of this. Mrs. Hartman expressed her concerns about access and easements, grading, green space, water retention and flooding. Mike Ricke with Anchor Properties responded by saying the preliminary plans identify preliminary storm water detention areas. As each site plan is developed and submitted to the Planning Commission, if there is an issue with the regional detention areas that are identified on the plan at this point and we need to provide additional detention underground or above ground, we will do that on
a case by case basis at each phase of the development. He also stressed that every detail of each phase of the project will need to be approved by Planning Commission and this is just a first step to allow Anchor to take the next step. Tim Burke stated that the Ordinance before them tonight is conditioned on a number of factors. The ordinance also says very clearly that “Approval of the preliminary plan does not constitute an acceptance of the subdivision by the Village” and goes on to say that “prior to the construction of any improvements required or to the submission of any bond the subdivider shall furnish Council all plans, information and data necessary for such improvements. These plans shall be examined by Council and will be approved if in accordance with the requirements of Section 1222.12 of the Code.” Mrs. Smiley-Robertson asked that Council share their issues of concerns with her and Micki so that we can put together a list of all the
issues that Council has and then she can share with councilman Schaefer who is our rep to Planning Commission and go over the concerns prior to Planning Commission meetings so those items can be addressed. This way we can keep track of Council’s issues. Mr. Vonderhaar recused himself from the vote. A motion to amend Ordinance 05-10 as amended was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to read Ordinance 05-10 as amended 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 amended Ordinance 05-10 was made by Mr. Smiley-Robertson, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt amended Ordinance 05-10 as an emergency was made by Mr. Albrinck, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared amended Ordinance #05-10 adopted as an
emergency.
There was a presentation by Michael Toensmeyer, Thomas Toensmeyer and Debra Leopold of Clear Choice Communities on the Lodge of Evendale, a Resort Spa and Club. This is an Active Adult Lifestyle Resort that they are proposing for the Village of Evendale. It is a senior facility described as a retirement resort for active adults 55 years and over. Mr. Albrinck suggested an open forum for our residents to see and address questions. Mayor Apking suggested that the open house be at the Recreation Center on Wednesday, April 13th at 6:00. Dave Nichols will check to see if the Recreation Center is available on that evening.
Mayor Apking presented Ordinance #05-11, APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS, TRANSFERRING FUNDS AND DECLARING AN EMERGENCY. A motion to read Ordinance #05-11 by title only was made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #05-11 was made by Mr. Vonderhaar, seconded by Mr. Puthoff, and unanimously approved on roll call. A motion to adopt Ordinance #05-11 as an emergency was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #05-11 adopted as an emergency.
Mayor Apking presented Ordinance #05-12, ORDINANCE AMENDING THE PROPERTY MAINTENANCE CODE, CHAPTER 1468 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE, CLARIFYING THE APPEAL PROCESS AND DECLARING AN EMERGENCY. Mr. Schaefer explained that we have a large number of boards; a Fire Safety Board, Flood Control Board, etc. We did not have a board set up for an appeal from the property maintenance code so this is stating that appeals would go to the Zoning Board of Appeals. We need to make sure we have boards that are filled and functioning. It may be better to group all of the boards, such as flood control that has only been needed twice in so many years, with Zoning Board of Appeals. Over time we should review the boards and appeals to cover all situations. A motion to read Ordinance #05-12 by title only was made by Mr. Vonderhaar,
seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #05-12 was made by Mrs. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #05-12 as an emergency was made by Mrs. Hartman, Seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #05-12 adopted as an emergency.
Mayor Apking presented Ordinance #05-13, ORDINANCE AUTHORIZING THE MAYOR TO ACQUIRE, ON BEHALF OF THE VILLAGE OF EVENDALE, THE PROPERTY AT 9486 READING ROAD, OWNED BY JAMES D. & JULIE M. BURR, SAID PROPERTY BEING IDENTIFIED AS BOOK 611, PAGE 80, PARCELS (611-0080-0016, 0019,0139) ON THE RECORDS OF HAMILTON COUNTY, AND DECLARING AN EMERGENCY. Mr. Puthoff stated that the Reading Road Revitalization Plan suggests gateways in to Evendale. This would allow us to establish a gateway on the south end of the Village. We can sell the frontage off to a business that we can control. Mr. Albrinck stated the he concurred and that is the reason why, despite some of the financial issues that have come up in the last month, that he supports it. It is key in many ways to the Reading Road development. A motion to read Ordinance #05-13 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 #05-13 was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #05-13 as an emergency was made by Mrs. Hartman, Seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #05-13 adopted as an emergency.
Mayor Apking presented Ordinance #05-14, ORDINANCE AUTHORIZING THE MAYOR TO ACQUIRE ON BEHALF OF THE VILLAGE OF EVENDALE, THE PROPERTY AT 3047 INWOOD DRIVE OWNED BY BRUCE T. KOEHN TRUSTEE, (THE CLARA J. SANDY LIVING TRUST) AND DECLARING AN EMERGENCY. Mr. Albrinck stated that several months ago prior to our earnings tax rate increasing to 1.2% there were financial concerns that caused us to hold it off at that time. Tonight we found our surplus of approximately $400,000 has been wiped away in accounting adjustment and with moving 350 GE engineers from Evendale to Springdale. Mr. Albrinck did not see how this played into the plan for Reading Road. When we began buying up the properties was to get rid of dilapidated buildings. This property does not further the cause. This property is residential and up on the hill. Mr. Albrinck identified deed
restrictions with this property: 1) setback of 30 ft from front property line and 15 ft. from property lines on the side, 2) only one-family house, 3) no manufacturing or commercial business to be constructed on the lot. This property does not make the front lot more marketable. Mr. Albrinck stated that he does not see it as a good investment. Mayor Apking stated that people want affordable senior housing. The Village owns 18 acres behind the property on Inwood and this would give us access to those 18 acres. We do have the money and when property comes for sale it comes up occasionally. There was extensive discussion regarding deed restrictions. Mrs. Smiley-Robertson stated that this is the first she heard of the deed restrictions. Tim Burke stated that we just got the deed restrictions back yesterday. The only way the deed restrictions can be eliminated is to get agreement from all of the other property owners who have similar restrictions on their property titles. The other
option is to seek a court order to eliminate the restriction and it is difficult to predict whether or not a court would agree to change it. Mrs. Smiley-Robertson stated that she agreed we have a contingency in place to handle some things and we have had a couple things come up that wipe out this contingency. Council needs to go back and look at our budget to see if we can create some additional contingency. We want to maximize the resources we have for future potential and the key is that this parcel gives us access to another parcel of land. I agree with the Mayor that land is not always available to you. I struggle with the financial issues here but I do agree that this could give us an opportunity to offer additional senior housing. Mr. Puthoff asked how it gains us access to the eighteen acres of property. The Mayor explained that if you got to the eighteen acres by way of Reading Road it would cut into the commercial property that is on Reading Road and it becomes less
appealing. Mrs. Hartman stated that it would be wise to use this property for access to the other property and it could be used for buffer between a senior living and residential area and that we should get the property while we can. Mr. Puthoff questioned if we could put walking trails on property deeded residential and whether residential property can be used for public use. It was determined that Gorman Farm and Griffin property are zoned residential and are used for public purposes. A motion to read Ordinance #05-14 by title only was made by Mr. Vonderhaar, seconded by Mr. Smiley-Robertson. Mr. Vonderhaar, Mrs. Smiley-Robertson, Mr. Schaefer and Mrs. Hartman voted yes, Mr. Albrinck and Mr. Puthoff voted no. A motion to suspend the second and third readings of Ordinance #05-14 was made by Mr. Vonderhaar, seconded by Mrs. Hartman. Mrs. Smiley-Robertson, Mr. Vonderhaar, Mr. Schaefer and Mrs. Hartman voted yes. Mr. Albrinck and Mr. Puthoff voted no. Mayor Apking declared this the
First Reading of Ordinance #05-14.
Mr. Smiley Robertson stated that some of the attachments don’t make it clear where some things are attested to. She asked about inspections. Mr. Puthoff clarified that the disclosure report is required by the state of Ohio. He stated that we did not do an inspection of the property and didn’t think we should if we are buying it to tear it down. Tim Burke said the ordinance provides that it is conditioned upon the Village Engineer being satisfied that there is no need for environmental review or that the environmental review is satisfactory to the Village Engineer. It might be necessary to inspect for asbestos.
Mayor Apking presented Ordinance #05-15, ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENTS WITH THE OHIO DEPARTMENT OF TRANSPORTATION, PROVIDING THE VILLAGE’S CONSENT AND ADOPTING A COOPERATION STATEMENT ALL FOR THE IMPROVEMENT OF THE EASTBOUND AND WESTBOUND GLENDALE-MILFORD ROAD LEFT TURN LANES AT US 42 AND DECLARING AN EMERGENCY. Mayor Apking stated that we applied for this grant. Mr. Schaefer expressed a concern about the intersection because Poggemeyer discussed enhancing the landscaping on the edges of the intersection and he was concerned that the engineers will get rid of all the landscaping to widen the turn lanes. Jack Cameron stated that this grant was applied for through safety funds and Reading Road qualified for those funds. We will pay for 100% of the design and the grant will pay 90% of the things necessary to
correct the safety issues. We are in control of the designers; we will just pay for any extras. A motion to read Ordinance #05-15 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 #05-15 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #05-15 as an emergency was made by Mrs. Hartman, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Ordinance #05-15 adopted as an emergency.
Other Items included: Mr. Vonderhaar reminded everyone that on Saturday and Sunday April 2-3 from 10:00 am to 4:00 pm Gorman Heritage Farm is having a Spring Sheep Shearing Fest. He also congratulated the Fire Department for receiving a plaque from the Reading Fire Department in appreciation for 25 years of Cooperation and Teamwork.
Phil Schneider addressed Council. He informed council that coming up Glendale-Milford Road and throughout Park Hills there are a lot of street lights that are not working. CG&E is responsible. He asked the appraisal value and purchase value of the Inwood property. Mayor Apking stated that the appraisal value was $220,000 and the purchase price was $230,000. Mayor Apking stated that they were asking $239,000 and that he felt $230,000 was a fair price. Mr. Schneider suggested that it was more prudent to wait for the appraisal price before giving an offer. Mr. Schneider also stated that the same rationale that the new council used to vote against buying property on PG Graves Lane is being used to purchase the property on Inwood and he asked those council members who said it was not good for PG Graves but is good now for Inwood were asked to
go back and rethink it.
Chuck Melampy asked that council consider an ordinance against harboring poisonous reptiles. Mr. Albrinck agreed it is something we need to address. Tim Burke will look into it.
There being no other business to come before Council, a motion to adjourn as made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. Council adjourned at 9:15 pm.
_______________________
Mayor
Attest:
__________________________
Village Clerk
| |
