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Village Council Minutes 08/11/05
M I N U T E S

The Village of Evendale
Regular Council Meeting
August 11, 2005


The Village of Evendale held a Public Discussion Session prior to the Regularly Scheduled Council Meeting. Mayor Apking asked if anyone wanted to address Council. Chuck Melampy of 9693 Otterbein Road, addressed Council. Mr. Melampy asked for an update on Cooper Creek. Mayor Apking stated that the Council agreed to spend $15,000 to use the Palmiter method to protect the two properties that were most affected. We have used this method in the past and it has worked for portions of the creek. He said he had walked the creek with Gates, the people doing the work in the creek and Central Tool is the worst area. Mr. Melampy asked about the Gabions method that Blue Ash used up stream to protect the banks. Mayor Apking said they had looked at it previously and previous councils would not agree to spend $750,000 to $1 million dollars to fix the creek. Mayor Apking met with engineers and Jack to look at the creek. You have water coming from Blue Ash and Reading. They looked at the amount of water that comes through and what would be a cost affective way to alleviate the problem. It is private property and permission from the owners is needed to do work on the creek. Mr. Albrinck stated that there is ongoing work on that issue in the creek because it is only getting worse. Although it has not been communicated well, it is important that we continue to evaluate the issue. Mayor Apking asked that Mr. Schaefer’s Council Committee discuss this at their September meeting and invited Mr. Melampy to attend to discuss this issue. Mr. Melampy also asked about the Ordinance that was introduced in earlier months concerning poisonous reptiles. Mr. Schaefer stated that due to vacations, their committee has not addressed this but plan to in September.

Pam Meyers addressed Council. Ms. Meyers praised the tennis program at Evendale. She also asked whether or not Evendale planned to honor Christopher Dyer, the marine from Evendale that gave his life in Iraq and suggested that a permanent memorial be erected to honor him. Mayor Apking stated that the Police Chief and Fire Chief met with the family this morning. Two police cruisers will escort the procession for Chris Dyer. Ms. Meyers stated that salaries for the Mayor and Council should not be tied into what Hamilton County does or what Sharonville does. What Evendale can afford and what they should be doing should be considered and not just an automatic salary adjustment but something that is geared toward the Village of Evendale.

Phil Schneider shared that Park Hills is planning something for the Dyer front yard as a memorial. They are taking up a collection now to do something. Contact board members in Park Hills or Phil Schneider to contribute.

The Village of Evendale held a Public Hearing. The purpose of the public hearing will be to consider an application for approval of Micro Antennas on top of the Jewish Hospital Professional Center, 10475 Reading Road. The applicant has requested a variance from Section 1263.04(E) of the Evendale Zoning Code, Restricting the Height and Size of Micro Antennas. There was no discussion. A motion to close the public hearing was made by Mr. Schaefer, seconded by Mr. Albrinck, and unanimously approved.

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, Mrs. Carolyn Smiley-Robertson, Mr. Chris Schaefer and Mrs. Catherine Hartman. Also present were: Assistant to the Mayor, Jack Cameron; Economic Director, Linda Fitzgerald; Village Solicitor, Tim Burke; Chief Fiscal and Accounting Officer, George Snyder; Recreation Director, Dave Nichols; Service Director, Joe Wiehe, Village Engineer, James Jeffers and Village Clerk, Michelle Ficke.

Mayor Apking presented the consent calendar. Mayor Apking asked for a motion to accept the consent calendar consisting of July 14th, 2005 Council Meeting Minutes; CFO Report for July, 2005; Tax Administrator’s Report for July, 2005; current Departmental Reports and the Treasurer’s Report for July, 2005. A motion to accept the consent calendar was made by Mrs. Hartman seconded Mr. Vonderhaar and unanimously approved.

Jim Guthrie, Chairman of the Planning Commission (PC) gave a high level overview of what the Planning Commission has been working on over the last two months in relation to the Anchor Development Project. The Planning Commission has thoroughly addressed this project. In October of 2003 Anchor first approached the Planning Commission on this project, just about two full years ago. In May and June Planning Commission worked with Anchor to complete the Planned Business Development Overlay for the project which was approved by Council in September 2004. In June and July 2005, four special meetings in each month were held to address all the issues, concerns and requests for additional information that the PC had. Anchor has been highly receptive to suggestions and comments from members of the PC. Significant changes have been made to what was originally presented, eg. The façade of the Wal Mart building, removal of proposed fuel center and outdoor seasonal sales, and pleasing design of cart corals as well as extensive landscaping changes, signing changes, parking changes. Mr. Guthrie thanked the staff for their assistance and patience with the PC; Jack Cameron, James Jeffers, Linda Fitzgerald, Pam Morin and Tim Burke. He also recognized Planning Commission members for the dedication to the project; Dick Shaffer, Chris Schaefer, Michael Schwartzman and Susan Van Amerongen. He also thanked the businesses and residents of Inwood Drive who have shown an interest in the project. One of the final things done at the July 30th Meeting was to look at each item of the PBD that was approved by Council last September to make sure these plans complied with that ordinance. A majority vote of the PC confirmed that it did.

Mrs. Smiley-Robertson applauded the work done by PC, staff, residents and Wal Mart and Anchor. Mrs. Smiley-Robertson was concerned about outstanding issues for non-complete agreement of PC. Jim Guthrie stated that every item was discussed thoroughly by PC. The disagreements by staff members were each for different reasons. Mr. Guthrie asked Council to ask him or staff any questions about the disagreements. He assured Council that they have addressed all of them thoroughly. Mrs. Smiley-Robertson asked about documentation on what the outstanding issues and concerns there were that did not bring complete agreement. In reference to the draft of the July 30th PC minutes, Mr. Guthrie stated that in comparing Council Ordinance #04-52A with the final plan submittal, Michael Schwartzman felt the center alley was not consistent with the rendering and the signage was not compliant and Mr. Chris Schaefer felt the renderings were not necessarily consistent and no unified central drainage system indicated that it did not comply. The other three members felt the plan was in compliance (Jim Guthrie, Susan Van Amerongen, and Dick Shaffer). Mrs. Smiley-Robertson said that Council received the draft of the minutes tonight and did not have time to review them. Jim Guthrie stated that PC’s goal is to be as close to the original design and features as can be. He also stated that the Zoning Code pertaining to Signage needs immediate and extensive change. As each phase of the project comes before PC each concern will be addressed. Chris Schaefer said that Mr. Guthrie met with staff to try to get an access plan that affects all properties on Reading Road and that was not done. Mr. Schaefer said three islands will be taken out and now Formica is coming in saying that they want a part of their island removed. The plan was supposed to preserve trees on the site and they are not and have a unified detention basin and now there are two ponds.

Mayor Apking thanks the Planning Commission and said it is important that everyone understands what their responsibilities are in the process as the Planning Commission, Council, Mayor and Evendale Staff.

Jeff Albrinck reported on Finances. Receipts were $1.3 million, expenses $1.45 million and we are still up $1.5 million for the year. Recreation report consisted of congratulations to the swim team. They won the league championship again this year, eight of the nine past years now. Last Saturday 300-350 people attended the Marlins Concert. There are 100 people signed up for the family camp out on the Village Grounds on August 12th.

Mr. Albrinck asked everyone to check out our new website at www.evendaleohio.org. Jack Cameron shared that you can subscribe to news on the website and choose from a dozen options. Things such as the Mayor’s Newsletter, agendas to Council or Planning Commission meetings, etc., Youth Sports and Adult sports can be subscribed to. When you subscribe you will be notified by email when these things are posted on the website so you can go to the website and check it out.

Mr. Schaefer suggested that we need a system when new residents move into the Village so they can learn about the website and how to access information to programs. Mayor Apking said he would talk to Cindy Vaske about including this in her introductory letter to the new residents. Jack Cameron said that the resident handbook will go out in November at the time of the Town Meeting, however, this will occur once a year.

Mr. Vonderhaar stated that ICRC is increasing our play time. Council Meetings will air on Tuesday evenings at 11:00 pm in addition to Friday evenings at 6:00 pm and Sunday afternoons at 3:00 pm.

Mayor Apking announced that GE was granted a new contract today in the amount of $2.4 billion dollars that will bring 300-350 engineers to Evendale.

John Vail, Fire Chief, said he met with Chris Dyer’s family this morning and that services for Chris will be Tuesday, August 16th at 3:00 – 9:00  pm at Tri-County Baptist Church at Becket and Smith Roads in West Chester. There will be a service Wednesday at 10:00 am with a military procession with horse drawn casket starting at 747 at Kroger’s which is right behind the church. The ceremony will be one hour and they will bring Chris Dyer home to Evendale one last time after the services. Evendale Police and Fire will constantly escort Chris from the time he arrives Monday.
  
Mayor Apking presented Resolution #05-08A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF CHAPTER 1263 OF THE ZONING CODE OF THE VILLAGE OF EVENDALE REGULATING CELLULAR OR WIRELESS COMMUNICATION TOWERS AND SYSTEMS FOR CINGULAR TO INSTALL MICRO CELLULAR ANTENNAS AT 10475 READING ROAD. Tim Sturm from Burgess and Niple, Columbus, Ohio representing Cingular Wireless addressed Council. Evendale zoning code restricts the height of antennas on buildings to 5 feet. Cingular is requested 8 feet antennas for maximum service capabilities. Mr. Schaefer asked is these antennas would service Evendale residents. The antennas would be used instead of a tower with blinking lights on the top. Twelve towers would be installed and eight would be on the street side. Mr. Albrinck asked if the zoning code was outdated with the ever changing technology. The standard is 6- 8 ft. tall antennas currently.  Mr. Sturm said that ten years ago cell towers were used only. Now people use cell phones inside buildings and homes and the technology changed to meet this need. These micro antennas would have voce and wireless internet capabilities. Cingular is requesting 8 feet tall micro antennas which is the maximum amount in case technology changes. Mr. Puthoff asked if the antennas were strictly to service Cingular. The answer was yes, because you cannot share antennas with other companies.  James Jeffers mentioned that there are buildings at Reed Hartman and Glendale-Milford Roads that currently have these antennas on them if anyone was interested in seeing what they would look like.

Jim Guthrie, Planning Commission stated that the concern Planning Commission had was the areas that were to be considered first according to our zoning code, there was no documentation that Cingular considered these other zoning areas before proposing them to be erected on Jewish Hospital. Had we been presented the reasons, we would have passed it.  

A motion to read Resolution #05-08A 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 #05-08A was made by Mr. Albrinck, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Resolution #05-08A was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution #05-08A adopted.

A motion to table Resolution #05-08B was made by Mr. Puthoff seconded by Mr. Vonderhaar and unanimously approved on roll call. Resolution #05-08B was tabled indefinitely.

Mayor Apking presented Resolution #05-09, RESOLUTION OF COOPERATION WITH THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). Chief Vail explained that with NIMS, if there is a national incident each municipality knows what the other is doing and we are all on the same page. He also explained that in order to receive federal assistance we must adopt NIMS to be eligible. The state of Ohio holds the same ideal. The resolution must be passed by September 30th stating that we will use NIMS. Officials and those involved in management of a national disaster must take the training course, NIMS 700. The training can be taken on-line at www.nims.com. A motion to read Resolution #05-09 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 #05-09 was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Resolution #05-09 as an emergency was made by Mrs. Vonderhaar, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Resolution #05-09 adopted.

Mayor Apking presented Ordinance #05-31, ORDINANCE ESTABLISHING THE SALARY FOR THE MAYOR AND MEMBERS OF COUNCIL. Mayor Apking stated that this was the second reading of the ordinance and asked that people contact the Council and Mayor with concerns and suggestions. He said you must compare the responsibilities of the Mayor and Council when considering salaries. Mr. Albrinck said that the emails he had received universally support a raise for Mayor and Council since there has been no increase in over ten years. However there was concern over automatic increases and the salary being a percentage of county commissioners pay which is based on the number of residents in Hamilton County. Our salaries could go down with population moving out of Hamilton County. We must look at economics of the time and must be able to turn off the pay increase.

Mr. Albrinck suggests a review every two years on an off election year based on the needs of the Village and the budget. Serving on Council is a service and not a living so it should not be a cost of living increase. Mr. Vonderhaar said that we should do what the state recommends so we do not have to revisit it and is in favor of having it as an automatic increase, however he is not in agreement with the percentage. He stated that what we do has to come from the heart and not for the money.

Mrs. Hartman said that a raise is warranted more than every sixteen years. She suggested a cost of living increase like the employees get. Mr. Albrinck disagreed. He said that employees should have a cost of living increase because this is their living and employees are not the same as elected officials. He also stated that Council addressed this issue on raises a few years ago and split it between cost of living and wage adjustment to bring it in line with other communities.

Mr. Schaefer said that the salaries of the commissioners are set by the Ohio General Assembly and they may not give an increase in six or eight years. There is not typically an ongoing raise. This method would avoid agonizing over a decision on salaries every couple of years. Mr. Puthoff said that a raise is justified. He talked to twelve people and their concern was it is automatic. He said he just learned that the General Assembly sets it and there is not a raise every year and that the population sets the rate. This was news to him. He asked is we can get a history of the pay rate increases of the county commissioners over the past years.

Mrs. Smiley-Robertson suggested that any increase be based on performance review. Council’s review is every four years. She suggested that if you are re-elected, you should receive an increase because re-election says that you are going a good job. A motion to read Ordinance #05-31 by title only as made by Mr. Schaefer seconded by Mrs. Hartman and unanimously approved on roll call. Mayor Apking declared that this was a second reading of Ordinance #05-31.

Mayor Apking presented Ordinance #05-32, APPROVING TRANSFERRING FUNDS BETWEEN ACCOUNTS AND DECLARING AN EMERGENCY. A motion to read Ordinance #05-31 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 #05-32 was made by Mrs. Smiley-Robertson, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #05-32 as an emergency was made by Mrs. Hartman, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #05-32 adopted as an emergency measure.

Mayor Apking presented Ordinance #05-33, ORDINANCE AUTHORIZING THE POLICE CHIEF TO SELL TWO USED POLICE CARS TO THE COLLEGE OF MT. ST. JOSEPH ON THE OHIO AND DECLARING AN EMERGENCY. A motion to read Ordinance #05-33 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 #05-33 was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved. A motion to adopt Ordinance #05-33 as an emergency was made by Mrs. Hartman, seconded by Mr. Puthoff and unanimously approved. Mayor Apking declared Ordinance #05-33 adopted as an emergency measure.

Mayor Apking presented Ordinance #05-34, ORDINANCE AMENDING PROVISIONS OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE RELATING TO THE VILLAGE CLERK AND THE CHIEF FISCAL AND ACCOUNTING OFFICER AND DECLARING AN EMERGENCY. Mayor Apking explained that this ordinance clarifies the roles of the Chief Fiscal and Accounting Officer and Village Clerk as a result of the Charter Amendment in 2003. Mr. Schaefer stated that because the Police and Service Departments are mentioned in this section of the codified ordinances he asked Joe Wiehe and Gary Foust if they had any concerns to contact him and he did not hear of any concerns. A motion to read Ordinance #05-34 by title only was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved. A motion to suspend the second and third readings of the ordinance was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved. A motion to adopt Ordinance #05-34 as an emergency was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved. Mayor Apking declared Ordinance #05-34 adopted as an emergency measure.

Mayor Apking presented Ordinance #05-35, ORDINANCE AUTHORIZING THE MAYOR TO HIRE A PART-TIME EMPLOYEE, MELODY MOONITZ, IN THE RECREATION DEPARTMENT AND SETTING THE PAY RATE AND DECLARING AN EMERGENCY. A motion to read Ordinance #05-35 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 #05-35 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #05-35 as an emergency was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approve don roll call. Mayor Apking declared Ordinance #05-35 adopted as an emergency measure.



Mayor Apking presented Ordinance #05-36, ORDINANCE APPROVING THE FINAL PLAT OF SUBDIVISION  FOR THE EVENDALE COMMONS BUSINESS PARK AND DECLARING AN EMERGENCY. Carolyn Smiley-Robertson asked what exactly Council is approving; Evendale Commons Subdivision Plan, Site Plan or Final Plat and are they all the same thing. Tim Burke explained that the Final Subdivision Plat is before you tonight. It includes a series of covenants, restrictions and reservations of easement to which is attached a Site Plan. The Subdivision Plat deals with outlines of the lots and the public improvements that will go on there. The Site Plan, which is an Exhibit to the covenants and restrictions which are part of the subdivision plan, depicts where various other improvements, private improvements such as a clock tower and center alley and in this case where the first store will go.

Mrs. Smiley-Robertson stated that Council did not have all of the information and supporting documents in front of them until yesterday. Her concern was that the areas were subdivided on the preliminary plan and they are not on this plan. Mr. Puthoff stated that he had the same concern because Lots C and D no longer have any subdivision to them and I assume that depends on what the future clients’ needs will be. James Jeffers, Village Engineer, explained that the purpose of the subdivision plat is that, at this point, when approved, Anchor can purchase the property from Mrs. Heine and Mr. Vonderhaar and sell of that portion depicted on the plat for the Wal Mart site. The site plans show the breakdowns of conceptual lot lines. If a specific tenant comes in those lot lines could change and each plat would come before Planning Commission and then Council. This ordinances simply allows the Mayor to sign the Plat in order for it to be recorded and the potential right of ways.

Tim Burke explained that the covenants and restrictions run with the entire property. The subdivision plat is only approving one particular lot being carved out at the moment and the roads being built. Every other carve out of a lot, which would change the subdivision of the overall property, would ultimately come back to Council, so all of the lots will have to comply with the covenants and restrictions. As a subdivision this is only approving the subdivision of that single lot. However, you are also establishing as a part of the approval of this subdivision plat, the conditions of the restrictions, covenants and reservations of easement that will be recorded at the same time and those govern the entire property.

Mrs. Smiley-Robertson asked what documentation contains what the subdivision is supposed to look like. Tim Burke stated that Council approves the preliminary plan under our PBD approval. It then goes back to the Planning Commission which, under our ordinances, has the responsibility for final site plan approval and they must determine whether or not the final site plan meets the provisions of the preliminary plan. That is what the PC did. Council’s role at this point is the approval of subdivision plat. We have intertwined many of the issues from a legal standpoint to provide the maximum enforcement ability in the future.

Mr. Guthrie directed Council to the PBD Ordinance that was passed in December, which was the overall site plan. So Council has given Planning Commission guidelines to follow in the Planned Business Development Overlay which was approved earlier. This ordinance tonight deals with the infrastructure and the first plat which, in his opinion, conforms to the provisions of the PBD. Planning Commission will be coming before Council with other site plans as the other tracks are developed.

Tim Burke stated that Planning Commission approved the Final Site Plan, which is their responsibility under our ordinances. PC also recommended to Council the approval of the Final Subdivision Plat. Council has the final say on the Subdivision Plat.

Mr. Schaefer stated that Formica came to PC with a concern with their ability to access their plant with increased traffic flow. Mr. Schaefer is concerned with access issues. He mentioned that the original site plan kept the islands on Reading Road and this plan does not. There are 51 pages of engineering drawings of what is going to be constructed and where and the islands are as a part of those 51 pages.

Mayor Apking stated that the island Mr. Schaefer refers to are the ones by Inwood. They will take part of one of the islands and  another one by Inwood out and the unlandscaped islands south on Reading Road  will be taken out. Mr. Schaefer was concerned that there would not be enough room to make a dedicated left turn lane from Eastbound Glendale-Milford Road onto Reading Road after Anchor Development access is established.

Jim Guthrie stated that Planning Commission does have a concern for traffic flow situations in the Village of Evendale. We had to remind ourselves that this is outside the scope of the Anchor project and had to stay focused on the Anchor Development. The Inwood residents said  that they would welcome the islands being cut back because they hinder their vision when making left turns onto Inwood going South on Reading Road and making a left turn onto Reading Road from Inwood Drive.

Mrs. Smiley-Robertson stated that nothing here specifically addresses the traffic issues to her satisfaction. She also said that one and one half of the landscaped islands would be removed and one island that is only grass will be removed.

Mike Ricke from Anchor Developments said that they would be willing to relandscape islands farther to the south that were presently just grass and would basically replace the amount of landscaping being lost in the existing islands and put that in other existing islands that are undeveloped so the result would be basically the same amount of landscaped islands within the Village. After lengthy discussion in Planning Commission it was felt that money could be better spent making improvements in the Inwood intersection itself. There was discussion with the Inwood residents about possibly reconfiguring the entrance so that the front end of Inwood would be commercial and the back end would be more residential in character. We indicated we would take the money that would be spent for those islands and use it to landscape the Inwood Drive area if that was the intention of the Village or some other area in the Village that it would go to a better use. The Inwood residents indicated the islands hindered their vision and were a safety issue and removal of the islands was the safest and most efficient way to facilitate traffic in that area.

Mr. Puthoff agreed with this because we do not know what will develop south on Reading Road and may have to tear out the islands in a few years because we decided to put something else in there and that we should not spend the money down that far on Reading Road at this time.

Mrs. Smiley-Robertson said this is our opportunity to understand what is going on. Mr. Schaefer expressed a concern that once you have a left turn lane on Glendale-Milford Road you will not be able to turn left into Jewish Hospital from Glendale-Milford Road and it might be a concern to them. If we connect P.G. Graves to the development how does that change things? Formica had issues as to how this will impact their company in time based on the increased traffic flow.

Tim Burke recommended that if the Ordinance is going to be considered that Council consider the amendments that were recommended that include Formica’s suggestions as well as a very specific recognition that one of the things Council must do is establish the fact that they have been provided with proof that the road improvements on the site have appropriately bonded by the developer. Jack Cameron acknowledged that he received the letter of credit for four million dollars.

Mrs. Smiley-Robertson was concerned that the letter that was referred to was given to Council tonight and with the volume of information received in the last two days to make a consideration is unwise.

Tom Stautberg, resident of Evendale and President of Evendale Chamber of Commerce, stated that he sits in on the Planning Commission meetings as a representative of the Chamber and there has been a lot of concessions that Anchor has made with Formica and moving the gravesites to get this project rolling. This development is pro-business. Mayor Apking mentioned bringing in GE engineers to Evendale and he was concerned that the longer the development is held up the less likely GE Engineers will have a building to move into. This development will bring more business to Evendale and will help improve the shopping center across the street from the development.

Mayor Apking stated that Tim Burke explained what our responsibilities are as a Council, what the plan is and what is being done. We are looking at the plat and at Wal Mart. We will have an opportunity to look at the other phases and traffic studies. Planning Commission has spent thirty two hours working with Wal Mart and Anchor, looking at the PBD for what is in the best interest of Evendale.

Matt Grever, Anchor Development spoke. He agreed that the traffic issue is a big issue. He said that a lot of thought has gone into the analysis. They looked at a plan to keep the islands and it was determined it would be better take them out. It has been looked over significantly. Last week Chris Schaefer stated that he was against the Anchor Project and has always been against it. We’ve met ten to twelve with your Planning Commission who have put a lot of time and effort into reviewing every aspect of this project at every level of details and will continue to look at details every time we come back to build a new building or create a new plat. Planning Commission will have to sign off on it and then we will come back before Council to sign off on the plat. This is a high quality, well though out and planned out mixed use development and Anchor has contractual obligations to meet in order to deliver it. We are not taking down all of the trees. We are planting over one hundred trees on Lot A2 alone.

Jim Guthrie stated that Planning Commission is struggling with access management issues, but for this plan we are addressing traffic management that we think is the best available and it is before you tonight. Mrs. Smiley-Robertson asked what our plan is for addressing the issues that we have relative to traffic because there was not a plan in the preliminary for addressing this.

Mayor Apking referred to the Special Council meeting on August 2 when we talked about hiring a traffic consultant and a branding consultant. In our packets we received RFQs for consultants and we will talk about that tonight and I will ask for approval to go out and hire these consultants. Anchor is responsible for the light at Inwood Drive and the light at McSwain Drive. The Village will be responsible for Reading Road and Glendale-Milford Road. We will have to change those lights to make the system run smoothly.

Mayor Apking asked for a motion to read Ordinance #05-36 as amended by title only. Mr. Vonderhaar was recused from the vote. A motion to read Ordinance #05-36 as amended per Mr. Burke’s recommendations 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 Ordinance # 05-36 was made by Mr. Albrinck seconded by Mr. Puthoff and unanimously approved on roll call. A motion to vote on the emergency clause was made by Mr. Albrinck, seconded by Mr. Puthoff. Mr. Albrinck, Mr. Puthoff, Mrs. Smiley-Robertson and Mrs. Hartman voted yes; Mr. Schaefer voted no. The emergency clause failed. A motion to adopt Ordinance #05-36 as amended was made by Mr. Puthoff, seconded by Mr. Albrinck. Mr. Albrinck, Mr. Puthoff, Mrs. Smiley-Robertson and Mrs. Hartman voted yes; Mr. Schaefer voted no. Mayor Apking declared amended Ordinance #05-36 adopted.

Mr. Schaefer stated that if the majority of Council is in favor of having the ordinance go in affect right away, then I don’t have any desire to hold it up for thirty days since everybody wants this to go into affect. He said he would be willing to change his vote on the emergency clause so that it can go into effect immediately. The Mayor asked for a revote on the emergency clause. Mr. Puthoff motioned to revote on the emergency clause, Mr. Albrinck seconded the motion and it was unanimously approved on roll call. The revote on the emergency clause of Ordinance #05-36 passed. Mayor Apking declared amended Ordinance #05-36 adopted as an emergency measure.

Mrs. Smiley-Robertson expressed her concern of receiving information a day or two before the council meeting and stated that it is hard to review all of the material in that amount of time. Mayor Apking said that all materials must be to the Village Clerk and Village Solicitor in time for it to go out in the packets on the Friday before the council meeting and if it is not, it will be addressed until the next meeting.

Mayor Apking presented Ordinance #05-37, ORDINANCE APPROVING WATER MANAGEMENT AND SEDIMENTATION CONTROL PLANS FOR EVENDALE COMMONS BUSINESS PARK AND AUTHORIZING BUILDING COMMISSIONER TO ISSUE PERMIT AND DECLARING AN EMERGENCY. A motion to read Ordinance #05-37 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 #05-37 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call.  Mayor Apking asked for a motion to adopt Ordinance #05-37 as an emergency measure. Mr. Vonderhaar then recused himself from the vote. Mr. Burke agreed that he should not vote on this ordinance. Mr. Schaefer stated that his concern was that normally the developer does not make the land conform to his development but makes his development conform to the land and that there has been no effort of that here. They are removing a twenty foot hill and if they had conformed to the land I would not have a problem with it. The water detention pond was going to be a regional pond and now we have one pond for Wal-Mart and one for each new development. They are removing underbrush on the Mill Creek and relocating a wetland area and I am very disappointed with the quality of development on these issues.

Mrs. Hartman has serious concerns over relocating the wetlands, environmental impact, flooding, grading and removal of trees and brush. Mrs. Carolyn Smiley-Robertson asked for it to be a first reading so Council has time to have questions answered.

Mayor Apking asked for a vote on the emergency clause of Ordinance #05-37. A motion was made by Mrs. Hartman, seconded by Mr. Albrinck. Mrs. Hartman, Mrs. Smiley-Robertson and Mr. Schaefer voted no and Mr. Albrinck and Mr. Puthoff voted yes. The emergency clause of Ordinance #05-37 failed. Mrs. Smiley-Robertson said she is hearing questions and not answers to those and asked for time to get the answers. Mrs. Hartman said she is not against this she just wants to have her questions answered. Mr. Albrinck suggested a special council meeting so that Anchor would not be held up with moving forward.


Anchor cannot start the project until this permit to grade, approving and accepting the bond with Ordinance #05-37 is done and a delay now would push the project back six to eight months. The grading plan was part of the Planned Business Development. Mrs. Smiley-Robertson said that she did not read anything that said that Anchor needed this ordinance to pass in order to close on the property. Mrs. Hartman said if we have a special council meeting next week we would have time to get questions answered but when we get material the day before, we are making big decisions and do not have time to review it. Mayor Apking asked who was supposed to get this out by last Friday and James Jeffers said that he was. Mr. Jeffers said he did not have the bond amount at that time. He also said that we are simply approving the bond with this ordinance.

Mayor Apking stated that if we had a lot of questions as a Council Members we should have been going to Planning Commission meetings and asking them and letting them know we have a problem with some things instead of waiting until the last night. That is not the right way to go about it. Matt Grever stated that the grading of the site was an issue from day one for Mrs. Hartman and a few others and we went over why engineering wise this is the only way to do it being that part of the site is in the hundred year flood plain. We have never tried to deceive this and we are here tonight to simply get the permit to do the work that we have said for the past year that we were going to do to develop the site. There will be new additional landscaping that will go back into the site. Mr. Albrinck addressed the lateness of the ordinance and said that Matt Grever sent an email to everyone offering the opportunity to meet with him and address some of these concerns. Mr. Albrinck did meet with them to address some concerns and he is comfortable in moving forward.

Mr. Schaefer stated that we should have spent more time on the PBD. Mayor Apking stated that Carolyn attended some Planning Commission meetings and that if Council had questions or concerns they should also have been attending those meetings to learn more of what was going on. The original plan said they would take everything down because they need the land to fill some of the flood plain. He stated that it was silly to hold up the development on this sedimentation control ordinance.

Mrs. Smiley-Robertson stated that if she can get more detailed information from Planning Commission she would reconsider her vote on the emergency clause.

James Jeffers said that if you have questions on this, Planning Commission and the Engineering office spent a lot of time going through the plans and he offered to answer questions from them to help clarify. You are bonding the sedimentation control measures as the site is being developed. We are not bonding how much dirt we’re grading and the pipes we are putting in the ground. This permit allows them to begin that process but what you are accepting in bond money is for water management sediment control measures that they are required to install because is something would happened and they would default with the land half stripped open then you have a bond capable of getting those items constructed until temporary measures or reseeding of the site would take place to stop erosion in the case of a default. That is the reason for the bond.  

Mrs. Hartman said since we got this package of information yesterday and if it takes a week or two to go through it and answer the questions; I don’t want to be rushed into this. Some questions have come up since reading this that I would like to meet with someone and have answered.

A Special Council Meeting was set for Tuesday, August 16th at 7:00 pm.

Council members were to call James Jeffers with questions.

Mayor Apking presented Ordinance #05-38, ORDINANCE APPROVING WATER MANAGEMENT AND SEDIMENTATION CONTROL PLANS FOR ALL OCCASIONS EVENT RENTAL AND AUTHORIZING BUILDING COMMISSIONER TO ISSUE PERMIT AND DECLARING AN EMERGENCY. James Jeffers asked that this ordinance be withdrawn because they are putting an addition to their building on an existing parking lot and the bond money is so low it is not worth going through the trouble of bonding. A motion to table Ordinance #05-38 was made by Mr. Schaefer, seconded by Mr. Puthoff and unanimously approved. Ordinance #05-38 was table indefinitely.

Other Items included:

A motion to authorize the Mayor to request qualifications for Branding and Traffic and Access Management was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved.


Mr. Vonderhaar mentioned that the Evendale Chamber of Commerce is holding their annual golf outing on September 1. Contact Tom Stautberg or Lori Radcliff with questions.

Mr. Hartman said that the Town Meeting will be held on November 5 this year.

Phil Schneider addressed council. He said that the Charter says that the Village must form a Charter Review Committee every five years and the last time was in the year 2000. If a Charter Review Committee is formed in the year 2000 and the recommendation goes to the voters for the form of government to be changed in the Village would that not seriously impact the salary of the Mayor if we would go to a Manager. In other words, raising the salary of the Mayor at this time, whether justified or not, it seems the timing is inappropriate. It would not impact the salary of the Mayor for two years and if the form of government would change by the voter’s mandate it might make sense that the Mayor’s salary be increased, it might need to be decreased significantly because of a Manager. Mayor Apking said he would appoint a Charter Review Committee.

Council reconvened and there being no other business to come before Council, a motion to adjourn was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Council adjourned at 9:55 pm.



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                                                Mayor
Attest:



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Village Clerk