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Village Council Minutes 2-8-2007
MINUTES

The Village of Evendale
Regular Council Meeting
February 8, 2007


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

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. Stiney Vonderhaar, Mr. Bill Puthoff, Jr., Mr. Chris Schaefer, Mr. Doug Lohmeier, and Mr. Jeff Albrinck. Mrs. Carolyn Smiley-Robertson was absent and excused.  Also present were: Village Engineer, James Jeffers; Economic Director, Linda Fitzgerald; Assistant to the Mayor, Jack Cameron; Village Solicitor, Tim Burke and Village Clerk, Michelle Ficke.

Mayor Apking presented the consent calendar. Mayor Apking asked for a motion to accept the consent calendar consisting of the Special Council Meeting Minutes for January 9, January 11 and January 30, 2007; Regular Council Meeting Minutes from January 11, 2007; CFO Report for January, 2007; Tax Administrator’s Report for January, 2007; current Departmental Reports and Treasurers Report for January 2007. A motion was made to accept the consent calendar by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call.

Ms. Robin Wiley, Principal of Evendale Elementary School addressed Council. She gave an update on the new school building that will be open in September 2007. The classrooms are 875 square feet, Kindergarten and Pre-schools rooms are 1200 square feet. Classrooms will hold 18-22 students and have wireless capabilities to enhance learning environment including flat screen TV and DVD, telephones in each classroom with voicemail directly to teachers and two science classrooms. Rooms are equipped with smart-board technology and internet.

Other features of the New Evendale Elementary Schools include Keyless Card System entry for security. The children all signed the last beam placed in the building. Closing Ceremonies for the current school is May 6th at 1:30 pm, honoring our past while building our future. September 25th is the opening ceremony for the new school. Commemorative brick pavers are on sale. Order forms are at the school, the Recreation Center and the Administration Offices and cost $50 each. Forms are also available on Evendale Elementary website.

Mayor Apking stated that he is proud of the new school and commended Robin Wiley on her efforts. He also thanked the council members that helped him to make a push for the new building by attending school board meetings.

Mr. Schaefer summarized his council committee meeting. Mr. Schaefer said that the boom for the bucket truck for the Service Department needs to be insulated in order for the electrician to do street light work and that added to the cost of the truck. With the dedication of the new streets in Evendale Commons they felt it best to keep the existing dump truck for the new snow route. Mayor Apking asked that they move the money in the budget allocated for the lawn mower to pay for the extra cost of the bucket truck and put off purchase of the new lawn mower until next year.

Mr. Schaefer’s committee recommended that we go ahead with the first phase of improvements on Cooper Creek starting from Reading Road and going eastward. Engineering costs were $24,000 and we have $75,000 in the budget for this section.

Street signs were discussed. Mayor will contact Exon next week to meet with them and discuss options. Mayor Apking recommended replacing light poles on the newer portion of Otterbein and parts of Park Hills. Mr. Puthoff stated that at least eight lights are out on Glendale-Milford Road between I-75 and Reading Road.

Peggy Paff, Executive Director from Gorman Heritage Farm addressed Council. She said the farm is holding four focus group meetings as part of their strategic plan and council is invited to sign up for one of the four dates. Summer Camp registration opened today and forms are on the Gorman Farm website. The bridge design is moving forward and Sheer Excitement is scheduled for April 14th and 15th. There are four ewes expected to give birth by spring.

Mr. Lohmeier gave the Recreation Report.  There was a request for the use of fields in the Village by Moeller Lacrosse team and the City of Sharonville. Mr. Schaefer said that the fields in the front part of Industrial Park where Ohio Valley Wines are now were once used for soccer. The Churchill parcel was suggested for Sharonville’s use. Mr. Lohmeier questions how level the field at Churchills and suggested it would take a lot of work to level it out for play. Moeller has since withdrawn their request. Sharonville is still interested. Parking issues were discussed. Mr. Schaefer said parking could service both the Churchill field and our soccer field closest to the tennis courts. Mr. Puthoff said he would rather see green space than gravel parking are on Reading Road.

Mayor Apking announced that Council was interested in sending back to Planning Commission the amendment to the planned business development the Evendale Commons Business Park. Mr. Mike Ricke from Anchor addressed Council. The car wash was not a permitted use in the original PBD district. The amendment permitted the car wash use. He acknowledged that council has concerns about the uses permitted along Reading Road. The uses that Council permitted in the original PBD were also included in the handout from Ann McBride which summarized where the PBD amendment currently stands.

The proposed uses in Area C were revised and restricts uses such as discount stores. It was reworded to include “Special and Upscale Foods/Grocery Stores and reserves one lot for a two year minimum for a casual dining restaurant. Mr. Lohmeier was concerned about how they define casual dining, upscale and specialty and also suggested they extend the two years to four years. Mr. Schaefer shared that the Procter and Gamble folks said that WalMart has the power to veto any business that goes in the development and did not like the fact that WalMart would drive the development. He said that the first time he heard this was at the P&G presentation last month. Mike Ricke explained that the development agreement with tenants includes the uses listed in the PBD.  If the PBD is amended, WalMart will have to be notified and agree with the changes since they did not agree to the amendments in their current development agreement. They do not, however, have veto power. If amended WalMart signs off on it because the PBD changed.

Mr. Albrinck explained that P&G stated WalMart could veto what comes in. Mr. Ricke said that is not true. Mr. Schaefer wanted this issue clarified in writing in the amendment. He also expressed a concern that some things listed are conducive to strip centers and not free standing uses and wanted a distinction between the two. He had a concern that lot C2 was not big enough for standard restaurant building and parking. He also questioned what types of businesses are stand alone. He didn’t see one restaurant standing alone. Mr. Schaefer said that he wants commitment for more than one restaurant. Mr. Ricke said that it is impossible for Anchor to agree to restricting more than one lot for a restaurant. After much discussion Council agreed that they wanted to see clearer definitions of upscale and specialty as well as financial institutions which could be check cashing places. Mr. Schaefer said he does not want to see the car wash but would go with it if clearer definitions for restaurants were incorporated in the PBD.

Mr. Lohmeier was concerned that Planning Commission would have an impossible task of defining various types of restaurants. Mr. Burke said that there may be some things that can be put in place that are acceptable to developer and Village and he and Ann McBride, consultant for Anchor, could offer suggestions.

Mr. Ricke said that the uses had already been approved by council as part of an Ordinance of the Village of Evendale. They were taken from the existing zoning cod and were used to create the original planned business development and he felt these uses complemented the office uses. Mr. Schaefer said he’d like to rectify deficiencies in the PBD with clearer definitions.

Matt Griever, Anchor gave an update. He said the P&G concept came up five months ago and is a nice complementary use although not what was originally envisioned. Lot A2 is the topic of active talks with two prospects he could not reveal at this time. Fifth Third Banks will be closing in sixty to ninety days and construction should begin in summer of 2007. Dean Miller, Miller-Valentine said the roads are finished, bridge is done and there are a couple leads including a proposal of a single tenant for a medical use. Mr. Miller said that they share the interest the Village does with their checkbook and their reputation. Mr. Puthoff said that the development looks better each time he drives by and it is making progress.   

Mayor Apking suggested sending Ordinances #06-70A; #06-70B; #06-69A; #06-69B; #06-72 back to Planning Commission. Mr. Vonderhaar made a motion to send to back to Planning Commission Ordinances #06-70A; #06-70B; #06-69A; #06-69B; #06-72. The motion was seconded by Mr. Albrinck and unanimously approved. Planning Commission will look at the amendment to the PBD. It was recommended that Anchor supply a more specific definition of the words “specialty” and “upscale” and “casual dining” as part of the amendment.

Mayor Apking presented Ordinance #07-07, APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS, TRANSFERRING FUNDS AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-07 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 or Ordinance #07-07 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #07-07 as an emergency measure was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #07-07 adopted as an emergency.  

Mayor Apking presented Ordinance #07-08, ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A DEFIBRILLATOR FOR USE BY THE EVENDALE FIRE DEPARTMENT AND DECLARING AN EMERGENCY. The defibrillator has already been ordered under state bid and the cost is $21,926 and is under the $25,000 limit for bids. A motion to table indefinitely Ordinance #07-08 was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. Ordinance #07-08 was tabled indefinitely.

Mayor Apking presented Ordinance #07-09, ORDINANCE ACCEPTING DEDICATION OF STREETS IN THE EVENDALE COMMONS BUSINESS PARK AND RELEASING PERFORMANCE BONDS AND AUTHORIZING MAINTENANCE BONDS AND DECLARING AN EMERGENCY. Mr. Vonderhaar asked about the punch list dated January 15, 2007. James Jeffers said that WalMart will open before the punch list is complete in mid to late spring and that the maintenance bond is in effect for two years. They need to test electrical components and manholes need adjusting. The performance bond is replaced by maintenance bond once the streets are dedicated. Mr. Schaefer suggested waiting two months to accept it. Mr. Ricke said the goal was to take care of the dedication before the businesses opened. Cunningham Drive is the legal frontage. Mr. Lohmeier asked if the streets are dedicated do they need to be open to the public. Mr. Burke said if they are dedicated it is expected that they be open to the public. It was decided to do a First Reading on Ordinance #07-09 at this time. A motion to read Ordinance #07-09 by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared this a First Reading of Ordinance #07-09.

Mayor Apking presented Ordinance #07-10, ORDINANCE ACCEPTING DEDICATION OF STREETS IN THE RODRIDGE SUBDIVISION AND DECLARING AN EMERGENCY. James Jeffers said that there is one lot left in the Rodridge Subdivision. A motion to read Ordinance #07-10 by title only was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to suspend the second and third readings of the ordinance was made by Mr. Schaefer, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #07-10 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #07-10 adopted as an emergency measure.

Mayor Apking presented Ordinance #07-11, ORDINANCE AMENDING SECTION 1420.04 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE TO COMPLY WITH OHIO LAW AND DECLARING AN EMERGENCY.  A motion to read Ordinance #07-11 by title only was made by Mr. Schaefer, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to suspend the second and third readings of the ordinance was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #07-11 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #07-11 adopted as an emergency measure.

Other Items:

Mr. Vonderhaar thanked Ms. Yohman for bringing the Coyote issue to the resident’s attention and also commended the Village’s response to the recent attacks on two dogs on Wyscarver. Jack Cameron said that residents are to call and report the time of day and where they site coyotes in the Village to the Police Department.

Mr. Cameron said that the closing on the property purchase of the church adjacent to the Recreation Center is on hold until the church can produce documentation that the mortgage has been paid in full.

Mayor Apking asked for a motion to go into Executive Session to discuss property acquisition. A motion to go into Executive Session was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call.

Council reconvened at 9:15 p.m.  There being no further business to come before Council, a motion to adjourn was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved.

                                                        _______________________
                                                        Mayor

Attest:

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Village Clerk