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Village Council Minutes 4-06-2006
M IN U T E S

The Village of Evendale
Regular Council Meeting
April 6, 2006


The Village of Evendale held a public discussion prior to the regularly scheduled council meeting. There was no discussion.

The Village of Evendale had a Public Hearing on the following issue. Performance Alignment, 2721 Sharon Road, has requested an amendment to the existing Lifestyles Planned Business Development, established by Village Ordinance #95-30. Mr. Schaefer explained that Lifestyle Properties (Watsons) has sold the lot next to Watsons to Performance Alignment and the Planned Business Development did not call for a building of this size because originally it was only one acre. Watsons eventually acquired more land and sold three acres to Performance Alignment. Mayor Apking asked for a motion to close the public hearing. A motion was made by Mr. Schaefer, seconded by Mr. Vonderhaar 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, Mr. Chris Schaefer, Mr. Doug Lohmeier and Mrs. Carolyn Smiley-Robertson. Also present were: Chief Fiscal and Accounting Officer, George Snyder; Village Engineer, James Jeffers; Assistant to the Mayor, Jack Cameron; Recreation Director, David Nichols; Economic Director, Linda Fitzgerald; 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 the March 9, 2006 Council Meeting Minutes; CFO Report for March, 2006; Tax Administrator’s Report for March, 2006; current Departmental Reports and to amend the agenda by adding Ordinance #06-25, ORDINANCE APPROVING WATER MANAGEMENT AND  SEDIMENTATION CONTROL PLANS FOR EVENDALE ELEMENTARY SCHOOL AND  AUTHORIZING BUILDING COMMISSIONER TO ISSUE PERMIT AND DECLARING AN EMERGENCY. A motion was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved.

Mayor Apking gave the Mayor’s Report. We met with the Access Management company, Edwards and Kelsey and they recommended that we remove the three islands to the south of Inwood and both of them to the north of Inwood. The Mayor said he would rather wait to remove the two north of Inwood and to go ahead and remove the three islands to the south as recommended. Mayor Apking wants to talk with Anchor and Miller Valentine about the possibility of taking the walls that are going to be removed and put them down in front of the Gorman Farm and Formica area.

Chris Schaefer expressed a concern that the islands provide an identity to Evendale and he foresees a possible problem if Formica sells their front property along Reading Road then the islands would have to be removed again. The Village spent $300,000 to build seven islands.

Mayor Apking stated that we will be getting two new police cruisers and Elmwood is in dire need of cruisers. He asked for council’s approval on either donating or selling the cruisers to Elmwood for a reduced cost. Council agreed.

On April 25th at 10:30 am there will be a ground breaking for the new Evendale School. He encouraged council to attend.

Jeff Albrinck gave the Financial Report. Receipts for March were $1.09 million dollars, expenses were $953,000 and we are up for the year half a million dollars.

Doug Lohmeier gave the Recreation Department Report. Saturday is the Eggstravaganza for the kids and there is an adult egg hung on Friday evening.

Chris Schaefer gave a report on his Committee Meeting. We had a discussion on Cooper Creek. Council put $75,000 into the budget for Cooper Creek and some of the residents came and want a hydraulic study. Mayor Apking said that once they get the prices from James on the cost of the study we have to meet again as a committee. We need a plan we call can agree on. Mr. Schaefer stated that in the past we have done the Palmiter method of bank control but never do the second step which is to get something with deep roots growing on the banks. We also discussed the trails through Gorman Farm. The Service Department will construct the trails. We suggested that the Recreation Department communicate with the Fire and Police Departments to make sure we can have the areas patrolled and safe. Mr. Schaefer shared that the Lowe’s employees said that Lowe’s made an official statement to their employees that a new store would be opening up in Evendale. There has been no official statement from Anchor.

Mayor Apking presented Ordinance #06-23A, ORDINANCE APPROVING ADDITIONAL CONDITIONS FOR THE PLANNED BUSINESS DISTRICT DEVELOPMENT OF LIFESTYLE PROPERTIES AT MOSTELLER AND SHARON ROADS AND DECLARING AN EMERGENCY. Nick England, with Cincinnati Commercial Contracting for Performance Alignment introduced Bill Braucksick the owner of the Performance Alignment who said he has been in business 21 years and specializes on high end exotic cars. His business is now on Grooms Road in Blue Ash and has outgrown his location. He currently has four employees and anticipates having fifteen employees in the future.

Mr. Schaefer said the original planned business development for Watson included a one acre lot and Watsons bought more and is selling three acres to Performance Alignment so the planned business development needs to be amended to include all three acres.  Mr. Schaefer also stated that the copy of the provisions of the amendment that is attached to the ordinance should include the signatures.

A motion to read Ordinance #06-23A 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 #06-23A was made by Mrs. Smiley-Robertson, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #06-23A as an emergency was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #06-23A adopted as an emergency.

Mayor Apking presented Ordinance  #06-23B, ORDINANCE DENYING AN APPLICATION FOR AMENDMENTS TO THE CONDITIONS GOVERNING THE PLANNED BUSINESS DEVELOPMENT DISTRICT AT MOSTELLER AND SHARON ROADS. A motion to table Ordinance #06-23B indefinitely was made by Mr. Schaefer, seconded by Mr. Lohmeier and unanimously approved on roll call. Ordinance #06-23B was tabled indefinitely.

Mayor Apking presented Ordinance #06-24C, ORDINANCE GRANTING IN PART AND DENYING IN PART THE SIGN VARIANCES APPLIED FOR THE PIZZA HUT/WING STREET RESTAURANT TO BE LOCATED IN THE SPORTS PLUS BUILDING AT 10765 READING ROAD AND DECLARING AN EMERGENCY. Mayor Apking stated that Pizza Hut is moving from Glendale-Milford Road to Sports Plus and they have asked for a sign variance. Tom Dunn, Architect for Pizza Hut and Penny Richmond, operator of Pizza Hut spoke to Council. They need the ground sign because the property is 550 ft long and the building sits 700 ft from Reading Road. There is only one entrance to the property which is shared by Wendy’s also. The owners of the property support this sign. Mr. Vonderhaar spoke on behalf of the Sign Variance Committee stating that they listened to their presentation and recommended passing Ordinance 06-24C which includes a compromise. Pizza Hut wants a free standing sign between Wendy’s and the current Sports Plus sign and the committee felt that this is not in our best interest and does not meet our sign code. Sign Variance committee denied the free standing sign but approved the awning sign on the building.

Mr. Schaefer stated that Sports Plus is trying to sell outlots that will require more signs. Mayor Apking said that if five or six companies locate in the Sports Plus building all would want ground signs. Mr. Lohmeier said he did not want Reading Road to look like Colerain Avenue with all the signs but recommended use of a temporary sign for thirty days to draw attention and help them advertise their new location. Mrs. Smiley-Robertson said she looked at the Wendy’s and Speedway Signs and that their signs seemed to be higher than the sign code allows. Mr. Schaefer said that Speedway was grandfathered in and he did not remember a variance on the Wendy’s sign. Mr. Puthoff said that Ordinance #06-24C was a good compromise. Penny Richmond confirmed that their lease allows them to have a sign on the Sports Plus marquee sign. Mr. Puthoff said that the awning sign and marquee sign would give them adequate exposure. Mr. Lohmeier asked the Pizza Hut representatives how Evendale can help make it a successful transition. He suggested temporary signage or working with Sports Plus to use their rolling message board on their marquee and by getting a permanent sign on the marquee. Mrs. Smiley-Robertson agreed with Mr. Lohmeier’s concern to help them with the transition. She asked them to come back with options that Council can look at other than a new ground sign then maybe we could help them.  

Mr. Vonderhaar made a motion that Ordinance #06-24C be presented and acted upon. The motion was seconded by Mr. Puthoff and unanimously approved on roll call. A motion to read Ordinance #06-24C by title only was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #06-24C was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #06-24C as an emergency was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ordinance #06-24C adopted as an emergency.

A motion to table Ordinance #06-24A, ORDINANCE GRANTING SIGN VARIANCES FOR PIZZA HUT/WING STREET AT 10765 READING ROAD AND DECLARING AN EMERGENCY and to table Ordinance #06-24B, ORDINANCE DENYING SIGN VARIANCES FOR PIZZA HUT/WING STREET AT 10765 READING ROAD was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call.  Mayor Apking declared Ordinance #06-24A and Ordinance #06-24B tabled indefinitely.

Mayor Apking presented Resolution # 06-05, RESOLUTION EXPRESSING THE OPPOSITION OF THE COUNCIL OF THE VILLAGE OF EVENDALE TO THE TAX EXPENDITURE LIMITATION (TEL) AMENDMENT TO THE CONSTITUTION OF THE STATE OF OHIO. Mayor Apking stated that this is the second reading of the resolution. Jeff Albrinck said that his committee felt that it was worth reiterating to get the word out of the significant impact it would have on Evendale. Mr. Schaefer said that this will not be on the ballot until November. It would be more effective to express opposition to this in October. Mayor Apking declared this the second reading of Resolution #06-05.

Mayor Apking presented Ordinance #06-16 , AN ORDINANCE ADOPTING THE RESIDENTIAL CODE OF OHIO AS PROMULGATED BY THE OHIO BOARD OF BUILDING STANDARDS, AMENDING SECTIONS 1420.01 THRU 1420.04 OF THE CODIFIED ORDINANCES AND AUTHORIZING A REQUEST TO THE OHIO BOARD OF BUILDING STANDARDS TO CERTIFY THE VILLAGE OF EVENDALE FOR ENFORCEMENT OF THE RESIDENTIAL CODE OF OHIO WITHIN THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. A motion to amend Ordinance #06-16 to include the changes indicated in red on the copy before us which are: Under 1420.02 the last sentence should read “The Clerk’s copy may be maintained in the Building Department”. And under 1420.03(a) the last sentence should end as “the question in dispute may be appealed pursuant to Section 1468.15” and that the word “is” be added in Section 2 after “Don Mercer”. The motion was seconded by Mr. Puthoff and unanimously approved.

Mr. Lohmeier questioned the verbiage in section 1420.01 pertaining to one-, two- and three-family dwelling units in the Village and asked if we were changing that. Mr. Schaefer explained that the language of the commercial building code applies to buildings bigger than three families. In the past we have adopted the parts that deal with one family but the zoning code controls the size of the houses and single family. This is the building code that controls construction so this is not actually doing anything other than adopting the statewide building code.

A motion to read amended Ordinance #06-16 by title only was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of amended Ordinance #06-16 was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #06-16 as amended was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared amended Ordinance #06-16 adopted as an emergency.

Mayor Apking presented Ordinance #06-17, APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS, TRANSFERRING FUNDS AND DECLARING AN EMERGENCY. Mr. Schaefer stated that we are making additional appropriations over budgeted amounts and these are not transfers. I know it went through your committee but I am always concerned about having supplemental appropriations out of the unappropriated amounts rather than a transfer within the established budget. A motion to read Ordinance #06-17 by title only was made by Mr. Puthoff, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #06-17 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #06-17 as an emergency was made by Mr. Puthoff seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #06-17 adopted as an emergency.

Mayor Apking presented Ordinance #06-18, AN ORDINANCE AMENDING SUBSECTION 260.12(f) OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE IN ORDER TO MAKE LIFE INSURANCE AVAILABLE TO PART-TIME EMPLOYEES AND ELECTED OR APPOINTED OFFICIALS AND DECLARING AN EMERGENCY. Mr. Schaefer asked if this means additional compensation to elected officials. It was clarified that elected officials would pay for this themselves. A motion to read Ordinance #06-18 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 #06-18 was made by Mr. Puthoff, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Ordinance #06-18 as an emergency was made by Mr. Lohmeier seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #06-18 adopted as an emergency.

Mayor Apking presented Ordinance #06-19, ORDINANCE APPOINTING A CHARTER REVIEW COMMITTEE AND DELCARING AN EMERGENCY. This committee is in effect for six months. A motion to read Ordinance #06-19 by title only was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #06-19 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #06-19 as an emergency was made by Mr. Puthoff seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #06-19 adopted as an emergency.

Mayor Apking presented Ordinance #06-20 , ORDINANCE APPOINTING A VILLAGE OF EVENDALE REPRESENTATIVE TO THE HAMILTON COUNTY PLANNING PARTNERSHIP AND DECLARING AN EMERGENCY. A motion to read Ordinance #06-20 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 #06-20 was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #06-20 as an emergency was made by Mr. Puthoff seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ordinance #06-20 adopted as an emergency.

Mayor Apking presented Ordinance  #06-21, ORDINANCE AUTHORIZING THE MAYOR TO HIRE A PART-TIME EMPLOYEE, KRISTA FICKE IN THE RECREATION DEPARTMENT AND SETTING THE PAY RATE AND DECLARING AN EMERGENCY. A motion to read Ordinance #06-21 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
#06-21 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #06-21 as an emergency was made by Mr. Lohmeier seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #06-21 adopted as an emergency.

Mayor Apking presented Ordinance #06-22, ORDINANCE AUTHORIZING THE MAYOR TO HIRE A PART-TIME EMPLOYEE, BRANDAN ASBROCK, IN THE SERVICE DEPARTMENT AND SETTING THE PAY RATE AND DECLARING AN EMERGENCY. Mrs. Smiley-Robertson questioned why these ordinances did not come before council last month which was closer to the effective date. Mayor Apking stated that the Mayor has 45 days from the effective date to pass an ordinance. A motion to read Ordinance #06-22 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 Ordinance
06-22 was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ordinance #06-22 as an emergency was made by Mrs. Smiley-Robertson seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ordinance #06-22 adopted as an emergency.

Mayor Apking presented Ordinance #06-25, ORDINANCE APPROVING WATER MANAGEMENT AND  SEDIMENTATION CONTROL PLANS FOR EVENDALE ELEMENTARY SCHOOL AND  AUTHORIZING BUILDING COMMISSIONER TO ISSUE PERMIT AND DECLARING AN EMERGENCY. Mr. Schaefer stated that this ordinance is to set the bond which the school has to post to secure that they will in fact build the water management area. A motion to amend the ordinance by adding the bond amount of $77,000 in Section 3 was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved. A motion to read amended Ordinance #06-25 by title only was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to suspend the second and third readings of amended Ordinance #06-25 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt amended Ordinance #06-25 as an emergency was made by Mr. Albrinck seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #06-25 adopted as amended as an emergency.

Other Items included:

Mr. Vonderhaar said that on March 29th he and Jack Cameron went with the Cincinnati USA Regional Chamber to Washington D. C. to lobby for General Electric’s F-35 airplane engine.

Mr. Lohmeier said that the Hamilton County Board of Elections is looking for election judges on the new system. Those who are interested in volunteering should contact the Hamilton County Board of Elections. Mr. Burke said that if anybody is interested in having the new equipment demonstrated in their community, the Board of Elections is happy to bring it out so people can touch it and see how it works.

Mayor Apking asked if anyone noticed the new street signs displayed in front of the Administration Building that are being considered to replace existing signs.

There being no further business to come before Council, a motion to adjourn was made by Mr. Vonderhaar, seconded by Mrs. Smiley-Robertson and unanimously approved. Council adjourned at
7:59 pm.

                                                                                _______________________
                                                                                Mayor
Attest:



__________________________
Village Clerk