MINUTES
The Village of Evendale
Regular Council Meeting
March 8, 2007
The Village of Evendale held a public discussion prior to the regularly scheduled council meeting. Gordon Geraci, Otterbein Road, addressed council. He publicly thanked Susan VonAmerongen, Planning Commission member, for changing her vote at the Planning Commission meeting so that a super majority vote would not be necessary by Council in considering the PBD amendment for Evendale Commons.
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, Mr. Jeff Albrinck, and Mrs. Carolyn Smiley-Robertson. Also present were: Economic Director, Linda Fitzgerald; Assistant to the Mayor, Jack Cameron; Recreation Director, David Nichols; 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 Regular Council Meeting Minutes from February 8, 2007; CFO Report for February, 2007; Tax Administrator’s Report for February, 2007; current Departmental Reports. There was no Treasurers Report because the fax machine was down. Mr. Puthoff asked that the February 8, 2007 Minutes be amended on page two paragraph five, last line, Ann McBride’s title should be “consultant” and not “attorney”. A motion to accept the consent calendar as amended was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved.
Mr. Schaefer summarized his council committee meeting. Mr. Schaefer said that the Boy Scouts had submitted their RFP and he recommended that the Boy Scout Committee get together with the people from the Boy Scouts and draw up an agreement to present to Council once it is approved by Tim Burke. Mr. Vonderhaar said that he and the Mayor visited two street sign manufacturers and both proposed powder coated metal signs so there would be no painting required. They should last around twenty years. There are 72 stop signs in the residential areas and 7 on the municipal grounds. There are also 59 street signs in the Village. The Mayor said we would have to go out to bid in order to replace the signs and recommended that the professional that they contract should come in and do everything including installation. Mr. Lohmeier asked about reflectivity
of the signs which is one of the things they want to address in replacing the signs. Mr. Schaefer said that the man designing the south entrance park into Evendale, Bob Richardson, also designed entrances to the City of Cincinnati. Jack will contact him to see what the cost would be for him to do the street signs. Mr. Lohmeier said that the figure of $8,000 was discussed at prior meetings for Bob Richardson to do the signs and if that is correct he is not in favor of it. Mayor Apking said he would get the price, call council and get moving on it.
Mr. Lohmeier gave the Recreation Report. The Eggstravaganza at the Recreation Department is Sunday, March 25 at 2:00 pm. Sign up at the Recreation Department. Mark your calendars for July 23 and 24th because Evendale will be hosting the swim team championships.
Mr. Albrinck suggested scheduling a Special Council Meeting to discuss the Police Sergeant issue. Tom Oakes filed his retirement papers with the state but has not informed the Village in writing that he is retiring. A Special Council Meeting will be held on March 27, 2007 at 7:00 to address this issue. Pete Broermann in the Service Department is retiring on May 1, 2007.
Tracy Techau, Scout Executive/CEO, Dan Beard Council of Boy Scouts of America, addressed Council. He said that their organization has been around since 1910 and consists of 30,000 families. He is enthusiastic to be considered a partner with the Village of Evendale and stated that they are a stable, long term organization, good employer and neighbor to those around them. The Boy Scout facility will bring visibility to the Village and they are excited about being a strategic partner with Gorman Heritage Farm. Mr. Vonderhaar commended them on the presentation of their proposal.
Mr. Schaefer explained that the Boy Scouts have a $2.5 million dollar payroll and that $30,000 will go to the Village in earnings tax, compared with $60,000 that WalMart will produce using much more land to do so. The Boy Scouts facility will make Evendale a destination and gives Gorman Farm a partner.
Mayor Apking mentioned the Aldi emails that were going around last week. He said that Linda Fitzgerald and he met with four residents, Dave Neyer, Patty Cole (Neyer), Greg Gillott (Equity) to discuss the Aldi issue. Mayor Apking explained that when a business wants to come to Evendale Council has very little control over it. The only time the Village has any control is when we own the property or there needs to be a change in regulations pertaining to the property. Mayor Apking said that Aldi plans to spend $1.5 million dollars to upgrade the facility and that Neyer is willing to spend money to develop the center. They are waiting for when the Evendale Commons opens to do the upgrades. Mr. Schaefer said that Neyer took out permits to take down the Hardies and Pizza Hut buildings but not Penny Pinchers. Linda Fitzgerald said that Neyer has
selected a demolition contractor, MSD has to cap the lines, there was a report that had to be conducted to rule out asbestos I the buildings before demolition and Duke Gas and Electric has to do some work be for the demolition. Patty Cole said the buildings should be down in 4-5 weeks.
Mr. Lohmeier was concerned that these meetings were taking place and the majority of Council was not present or aware that the meetings took place with Neyer. Mr. Lohmeier stressed the importance of all Council members to be aware of meetings and of their outcome. Mr. Schaefer said he does not feel it necessary to notify Council members every time a resident speaks to him on an issue. Mayor Apking said he would work with Jack to better communicate what is happening with Council.
Mr. Schaefer said that Al Neyer has said they will spend $500,000 to build a speculative office space. There are still entrance issues in and out of Jewish Hospital.
Peggy Paff, Executive Director of Gorman Heritage Farm addressed Council. She said that they are excited to have the Boy Scouts as partners. She also said that Shear Excitement will take place at the Gorman Farm on April 14 and 15. Five new lambs were born March 11 at the farm. They also have a new 800 lb. pig that arrived on Wednesday, March 7. The bridge is moving forward as planned and work should be complete by early June if all dries out soon. The Civil War Re-enactment will again take place in July and their February 24 fundraiser walk raised enough money for a new golf cart to help transport people in need up to the farm area.
Mayor Apking said that there is a leak in the farmhouse. It needs gutters. He will meet with Peggy Paff to discuss capital improvements for the farm. Mr. Vonderhaar complemented the pictures on the GHF website of the ice and snow from a couple of weeks ago.
Mayor Apking commended the Evendale Service Department for their non-stop efforts of spreading salt during the ice and snow storms. The Ohio Highway patrol was unable to get down I-75 to salt the highway and our Evendale dump trucks went out on the highway to spread salt.
Mayor Apking presented Ordinance #07-13A, ORDINANCE AMENDING THE EVENDALE COMMONS BUSINESS PARK HEAVY COMMERCIAL PBD OVERLAY DISTRICT REQUIREMENTS AND DECLARING AN EMERGENCY. Tim Burke explained that there was an error in the amendment to the PBD on Page Three under B. Conditional Uses in Areas A and B, number 10 should not have a strike out. It should be included. A motion to amend Ordinance #07-13A was made by Mrs. Smiley-Robertson, seconded by Mr. Puthoff and unanimously approved. Mr. Schaefer was frustrated that there are several different documents and plans for the Evendale Commons PBD and it is difficult to address the next thing that comes in. He said that he obtained a copy of the Fairfax WalMart on Red Bank Road’s PBD agreement which prohibits all fast food restaurants, carwashes, car rental places and that if a business is
empty for twelve months the developer is held accountable. He also said that the developer for Evendale Commons said they would own the land and lease it and now they have sold it. He also said that there is two sets of sequencing language.
Mr. Lohmeier that the decision is a struggle for all of Council and that in working with the developer there is give and take. He feels that there is enough benefit for Evendale, restrictions and trust between the Village and Anchor and that is the reason for his support. Council could play “what if” all day long. No matter what they build, if it is not supported by people in the Village and surrounding communities it will not succeed. He mentioned the Macaroni Grill that was built on Montgomery Road and did not succeed because people did not support it. There are many factors involved in the success and failure of a business. The people need to support the businesses.
Mr. Albrinck said that all developments are unique. Planning Commission as well as Council has given great consideration to the issues.
Mrs. Smiley-Robertson said that we cannot go back and must move forward. She said it would not be our most productive way to achieve our goals by digging in our heels now. We should tell the developer what we would like to see in the development. We are like minded and want the same goals. We have put a lot of time and effort into this. If we do not approve this then what do we get?
Mr. Schaefer said the only time the Village has leverage is when the developer asks for money or a change in regulations. Mr. Lohmeier pointed out that passing the amendment to the PBD would put more restrictions in place in the PBD than we have now. If the Ordinance #07-13A fails which amends the PBD we would have less restrictions.
Mr. Albrinck said we cannot continue to negotiate adversarially. There is no guarantee that anything will succeed and it is not right to suggest it will fail because we don’t get guarantees. Mr. Burke said that a 3/4 vote is needed to suspend the second and third readings and 2/3 vote is required to pass the emergency clause. Mayor Apking said that we know at this point that the Ordinance will pass. If we don’t pass it tonight we will simply have special council meetings to make that happen.
A motion to read Ordinance #07-13A 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 the ordinance was made by Mr. Lohmeier, seconded by Mr. Albrinck and upon roll call Mr. Lohmeier, Mr. Albrinck, Mr. Puthoff and Mrs. Smiley-Robertson voted yes; Mr. Schaefer and Mr. Vonderhaar voted no. A motion to adopt Ordinance #07-13A was made by Mr. Albrinck, Seconded by Mr. Lohmeier and upon roll call Mr. Puthoff, Mr. Lohmeier, Mr. Albrinck and Mrs. Smiley-Robertson voted yes; Mr. Schaefer and Mr. Vonderhaar voted no. Because the vote to suspend the rules failed to obtain the necessary ¾ vote, THE MAYOR DECLARED THIS THE FIRST READING OF ORDINANCE #07-13A.
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As a result, a Special Council Meeting was set up for Friday, March 9 at 8:30 pm ad Saturday, March 10 at 5:45 pm. Council received written notice for the Special Council Meetings before the council meeting ended.
Mayor Apking presented Ordinance #07-13B, ORDINANCE REJECTING PROPOSED AMENDMENTS TO THE EVENDALE COMMONS BUSINESS PARK HEAVY COMMERCIAL PBD OVERLAY DISTRICT REQUIREMENTS AND DECLARING AN EMERGENCY. A motion to table indefinitely Ordinance #07-13B was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #07-13B tabled indefinitely.
Mayor Apking presented Ordinance #06-69A, ORDINANCE APPROVING AN AMENDMENT TO THE PLANNED BUSINESS DEVELOPMENT OVERLAY DISTRICT FOR THE EVENDALE COMMONS BUSINESS PARK AND DECLARING AN EMERGENCY. A motion to table Ordinances #06-69A and #06-69B indefinitely because they were replaced by Ordinance #07-13A and B was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Ordinances #06-69A&B were tabled indefinitely.
Mayor Apking presented Ordinance #06-70A, ORDINANCE APPROVING AN AMENDMENT TO A PORTION OF THE FINAL PLAT OF THE SUBDIVISION FOR THE EVENDALE COMMONS BUSINESS PARK AND DECLARING AN EMERGENCY. A motion to read Ordinance #06-70A by title only was made by Mr. Lohmeier, seconded by Mr. Puthoff and upon roll call Mr. Lohmeier, Mr. Puthoff, Mrs. Smiley-Robertson and Mr. Albrinck voted yes; Mr. Schaefer and Mr. Vonderhaar voted no. Mayor Apking declared this the First Reading of Ordinance #06-70A.
Mayor Apking presented Ordinance #06-70B, ORDINANCE DENYING AN AMENDMENT TO A PORTION OF THE FINAL PLAT OF THE SUBDIVISION FOR THE EVENDALE COMMONS BUSINESS PARK AND DECLARING AN EMERGENCY. A motion to table indefinitely Ordinance #06-70B was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #06-70B tabled indefinitely.
Mayor Apking presented Ordinance #06-72, ORDINANCE APPROVING WATER MANAGEMENT AND SEDIMENTATION CONTROL PLANS FOR MR CLEAN CAR WASH AND AUTHORIZING BUILDING COMMISSIONER TO ISSUE PERMIT AND DECLARING AN EMERGENCY. A motion to read Ordinance #06-72 by title only was made by Mr. Puthoff, seconded by Mr. Albrinck and upon roll call Mr. Puthoff, Mr. Albrinck, Mr. Lohmeier and Mrs. Smiley-Robertson voted yes; Mr. Schaefer and Mr. Vonderhaar voted no. Mayor Apking declared this a First Reading of Ordinance #06-72.
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. Schaefer was hesitant to dedicate the streets until WalMart opens and suggested an amendment to the ordinance to reduce the letter of credit to secure the subdivision now. In addition say that the streets would open to the public on a certain date. He did not want the streets opened until anything was open. Mr. Burke said that the dedication does not require that the Village open the streets. Mr. Ricke from Anchor asked that the streets be opened by April 1 so that employees can stock shelves before the opening date of May 9. A motion to amend Ordinance #07-09 to include “effective as of April 1, 2007” after the
words “public right of way” in Section 1 was made by Mr. Schaefer, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the third reading of Ordinance #07-09 was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #07-09 as an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #07-09 adopted as an emergency.
Mayor Apking presented Ordinance #07-12, APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS, TRANSFERRING FUNDS AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-12 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 the ordinance was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #07-12 as an emergency was made by Mr. Puthoff seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ordinance #07-12 adopted as an emergency.
Mayor Apking presented Resolution #07-04, RESOLUTION ESTIMATING THE AMOUNT OF ACTIVE AND INACTIVE DEPOSITS TO BE AWARDED MAY 31, 2007. A motion to read Resolution #07-04 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 the resolution was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Resolution #07-04 as an emergency was made by Mr. Puthoff seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Resolution #07-04 adopted as an emergency.
Other items:
Mr. Vonderhaar mentioned that there will be an electric Safety Demonstration presented in cooperation with Duke Energy and hosted by Evendale Scout Pack 72 on Thursday, April 19, 2007 at 7:00pm at the Evendale Recreation Center Main Gym. Please RSVP total number of guests by calling Bill Mechley at 769-3488.
Mr. Vonderhaar recognized Kay Davis in the audience and said that she is the new writer for the Valley Courier.
Mayor Apking said that there is money in the budget for the Fire Department to replace their ten year old Explorer. The vehicle with four wheel drive was not in the state bid so they received an estimate from ford for $27,000 which exceeds the $25,000 limit. A motion to go out to bid for a new Ford Explorer for the Fire Department was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call.
Tim Burke asked that the minutes reflect that Council was given notice for the Special Council Meetings scheduled for March 9 and March 10.
Mrs. Smiley-Robertson thanked everyone for their flowers, cards and support after the death of her father last month.
A motion to adjourn into Executive Session to discuss property acquisition was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Council went into Executive Session at 8:40 pm.
Council reconvened at 9:25 p.m. There being no further business to come before Council, a motion to adjourn was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved.
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Mayor
Attest:
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Village Clerk
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