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May 10, 2007 Regular Council Meeting Minutes
MINUTES

The Village of Evendale
Regular Council Meeting
May 10, 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: Mrs. Carolyn Smiley-Robertson, Mr. Stiney Vonderhaar, Mr. Bill Puthoff, Jr., Mr. Chris Schaefer, Mr. Doug Lohmeier, and Mr. Jeff Albrinck.  Also present were: Economic Director, Linda Fitzgerald; Village Engineer, James Jeffers; Assistant to the Mayor, Jack Cameron; Recreation Director, David Nichols; Fire Chief, John Vail; Chief Fiscal and Accounting Officer, George Snyder; 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 April 12, 2007; CFO Report for April, 2007; Tax Administrator’s Report for April, 2007; current Departmental Reports. Treasurer’s Report for April, 2007. A motion to accept the consent calendar was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved.

Mr. Al Winstel from Hamilton County Parks gave an update. The Evergreen Newsletter is in a smaller format now and can also be accessed via e-mail. You can sign up to receive the newsletter at www.greatparks.org. They now have the University of the Great Outdoors programs which consists of more athletic programs and they work out of the Sharon Woods facility. The Harbor Play area is being redone and will reopen on Memorial Day weekend. There is a new entrance to the Historical Village at Sharon Woods.

Mr. Jay Hamilton, P.E. – ODOT, District 8, gave an update on I-75 Thru the Valley Project. Mike Ciotola, P.E., ME Companies, also presented an update. There has been a significant increase in the cost of the project. There is funding for the portion from Shepherd Lane to Glendale-Milford Road. Neuman Way will be removed. There is a two way connector planned between Glendale-Milford and Shepherd and an initial through lane planned on Glendale-Milford as well heading toward the highway

The project schedule is for construction to begin in 2013 for the Shepherd/Glendale-Milford portion which is funded by federal and state funds. It will take some time to purchase the right of way before they can begin construction. Once begun, the construction will take approximately 18 months to complete this section.

Mayor Apking reported that the Hardees building has been demolished and the Pizza Hut building will follow. He wants to purchase a utility vehicle for the newly hired electrician. The 2007 vehicles for state bid are sold out, however, he can order one for 2008 state bid and receive it in August. Council agreed that this should be done. The purchase price is over $25,000 and the Charter requires that the Mayor be authorized to purchase it. Mayor Apking also requested that a bucket truck be bid out for $95,000-$100,000. There is currently $75,000 in the budget for this. Mr. Schaefer made a motion to authorize the Mayor to bid specs for the bucket truck. The motion was seconded by Mr. Puthoff and unanimously approved.

Mr. Schaefer reported on his council committee meeting.  He reported that all information regarding his meeting were included in council packets in the minutes of his committee meeting.

Peggy Paff, Executive Director of Gorman Heritage Farm said that Summer Camp Registration is under way for 5-11 year olds and is now 75% full. The revenue from Summer Camps is projected to be around $40,000. Since April 15 there have been 87 new memberships and 29 renewed memberships. They also had a display at the opening of Wal-Mart on May 9th.

Jeff Albrinck gave the Finance Report. Revenues have exceeded Expenditures for the year. His committee will meet on May 22 at 5:30 to review the Health Care Insurance for 2008.

Bill Puthoff gave the Police Report. Senate Bill 281 will require an increase in training from 8 to 24 hours beginning in 2008 and this should not affect the Village significantly as most officers already approach 24 hours of training. Fire Arms Training on shot guns and hand guns is part of their ongoing training. Sgt. Asbrock has finished the Police Executive Leadership College curriculum and St. Korte has been enrolled. Sgt.s Niehauser and McDaniel will participate next year. Two new cruisers are in and in the process of being equipped. The cruiser involved in the accident will be back soon.

Mr. Schaefer suggested interviews for engineers for the traffic study/redesign phase II of the grant for Reading Road and Glendale-Milford intersection. A Special Council meeting was called for Tuesday, June 12, 2007 at 7:00 pm.

Mr. Albrinck’s Council Committee Meeting will be held at 5:30 pm Tuesday, June 12th prior to the Special Council Meeting and Mr. Schaefer’s Council Committee Meeting will be held on Wednesday, June 6 at 7:00 because Princeton High School graduation is scheduled for June 5th.

Mayor Apking presented Ordinance #07-21A, ORDINANCE APPROVING PROPOSED AMENDMENTS TO THE PLANNED BUSINESS DISTRICT AT APPROXIMATELY 3000 GLENDALE-MILFORD ROAD, APPLIED FOR BY AL NEYER, INC. AND DECLARING AN EMERGENCY. Mr. Ray Roll from Al. Neyer, Inc. addressed Council. Ed Williams from TEC Engineering was also present. Mr. Roll said that they plan to build four single story office condos behind the Evendale Health Care Center, formerly the Jewish Hospital. They are partnering with Robert Lucke Homes. They understand that left hand movements into the facility from Glendale-Milford Road are not a problem now but understand that it could be a problem in the future as Evendale Commons continues to develop at which time it would become a right in and right out only drive. KZFs study confirms that this is not an issue now and gave no statement about the future. You can also enter the development from Exon Drive. The streets are private streets now and the property owners are obligated to maintain the streets. Edwards-Kelcey suggested a bridge over the Mill Creek for access. Norwood Hardware and the old Jewish Hospital are part of the existing Planned Business Development and easements do exist. The proposed Neyer lot is Lot 6 in the PBD.

Mr. Lohmeier commented on the conditions of the private streets near the development. Mr. Roll said that they are in the process of determining how to enforce the rules of the association in regard to maintaining the roads.  Al. Neyer, Inc. inherited the existing association agreement which has not been enforced for many years. For now Al Neyer will maintain the roads as they will the parking lots.

Jack Cameron said that KZF submitted a thirteen page traffic movement report and that no engineering firm will sign off on safety of a left turn movement. Ed Williams, TEC, reviewed it and offered a 1.5 page report. He said that he does not agree with the shorter turn lane to make room for another turn lane into this private drive as KZF suggested. He said that the length for the turn into Cunningham Drive is correct and will be needed once the Evendale Commons development is fully built out.  A sign stating ‘No Through Traffic’ should be posted at the entrance of the Neyer development from Glendale-Milford Road along with stop signs at various locations along the private drive to slow down traffic and discourage cut throughs.  A ‘No Left Turn’ sign should be posted at the exit of the private drive to Glendale-Milford as well.  Al. Neyer, Inc. will also restrict traffic from accessing Exon Drive to stop cut throughs. Intersection improvements planned for Reading and Glendale-Milford Roads will help alleviate current cut through into the development. Council needs to reserve the right to change the access to the private drive off Glendale-Milford. TEC and Neyer are comfortable with right in and right out only if necessitated in the future.

Mr. Schaefer said that this development has the same parking standards as Evendale Commons and sufficient landscaping.

Mr. Schaefer reported that Planning Commission endorsed the additional medical buildings proposed for this development from an economic standpoint and the benefits to the Village. The reason the PBD must be amended is that it called for six story buildings and this amendment would allow for one story buildings. Planning Commission had asked for a traffic study because of the recommendations of the Edwards Kelcey Study and the safety issues.

Mr. Puthoff said that partnering with Lucke Homes is an asset because they do quality work that is visually pleasing.

A motion to read Ordinance #07-21A by title only was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the third reading of Ordinance #07-21A was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #07-21A as an emergency measure was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #07-21A adopted as an emergency measure.

A motion to table Ordinance #07-21B, ORDINANCE REJECTING PROPOSED AMENDMENTS TO THE PLANNED BUSINESS DISTRICT AT APPROXIMATELY 3000 GLENDALE-MILFORD ROAD, APPLIED FOR BY AL NEYER, INC. AND DECLARING AN EMERGENCY was made by Mr. Vonderhaar seconded by Mr. Albrinck and unanimously approved. Mayor Apking declared Ordinance #07-21B tabled indefinitely.

Mayor Apking presented Ordinance #07-22, ORDINANCE AUTHORING THE MAYOR TO ENTER INTO A CONSTRUCTION AND LEASE AGREEMENT BETWEEN THE VILLAGE AND THE DAN BEARD COUNCIL, INC. AND THE GORMAN HERITAGE FARM FOUNDATION TO PROVIDE FOR THE LEASE OF A PORTION OF VILLAGE PROPERTY, THE CONSTRUCTION OF A NEW HEADQUARTERS FOR THE DAN BEARD COUNCIL, INC. AND COOPERATION WITH THE GORMAN HERITAGE FARM FOUNDATION AND DECLARING AN EMERGENCY.

Tim Burke distributed an agreement between the Boy Scouts and the Village of Evendale dated 5-10-07. The Lease is finalized except for some typos that need to be corrected.  Mr. Burke said that the formal legal description will also need to be incorporated once finalized.

Council requested to see the next Draft of the Memorandum between the Gorman Heritage Farm and the Boy Scouts at least two weeks prior to the Council Meeting.

Tracy Techau, CEO/Scout Executive of the Dan Beard Council, addressed Council. He said that it has been very natural meeting with Jim Cole and Peggy Paff to draft the agreements. Mark Rippe from Nisbet Brower was also present and Greg Simms, Dan Beard Council.

Tracy Techau said that they had reached 85% of their fundraising goal largely in the form of cash within the past few months. Expediency and the time line of the project are important. Since they are creating something with no model to follow it will take time for the architectural process which they scheduled to begin in June. This would allow ample time for the Village and the Farm to give input. Many of the gifts are in-kind contributions from construction firms.  These are committed based on the timeline submitted in the RFP and if extended too far into the future could impact the ability for the Scouts to fulfill the RFP project proposed. Construction is scheduled to begin in March 2008. The agreement received unanimous support and acceptance from the Boy Scout Board of Directors.

Mr. Albrinck expressed his concern with the level of benefit to the Village. The Village purchased the property for over $1 million dollars so Mr. Albrinck raised questions regarding the quantifiable benefit to the Village is this project over the past months. Mr. Albrinck said thank you to Peggy Paff and Tracy for their patience throughout the process and for answering his concerns. Mr. Tracy Techau stated that in the memo of agreement with the farm they intend to help the farm with organizational issues as the farm requests whether it be fundraising, marketing, etc. since the Boy Scouts are very experienced in these areas.

A motion to read Ordinance #07-22 by title only was made by Mr. Schaefer, seconded by Mr. Lohmeier and unanimously approved on roll call.  Mayor Apking declared this the First Reading of Ordinance #07-22. The second reading will be June 12 and the Third Reading will be June 14.

Mayor Apking presented Ordinance #07-23, ORDINANCE AUTHORIZING MAYOR TO HIRE SEASONAL EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY. Mr. Puthoff recused himself from the vote. A motion to read Ordinance #07-23 by title only was made by Mrs. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #07-23 was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ordinance #07-23 as an emergency measure was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ordinance #07-23 adopted as an emergency measure.

Mayor Apking presented Ordinance #07-24, ORDINANCE AUTHORIZING MAYOR TO HIRE SEASONAL EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY.
Mrs. Smiley-Robertson recused herself from the vote. A motion to read Ordinance #07-24 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 #07-24 was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #07-24 as an emergency measure was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ordinance #07-24 adopted as an emergency measure.

Mayor Apking presented Ordinance #07-25, PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $4,110,000 OF TAX INCREMENT REVENUE RENEWAL NOTES BY THE VILLAGE OF EVENDALE, OHIO, IN ANTICIPATION OF THE ISSUANCE OF REVENUE BONDS, FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS, AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-25 by title only was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #07-25 was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #07-25 as an emergency measure was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #07-25 adopted as an emergency measure.

Mayor Apking presented Ordinance #07-26, ORDINANCE AUTHORING THE MAYOR TO TAKE THOSE STEPS NECESSARY TO ACQUIRE PROPERTY LOCATED AT 9510 READING ROAD AND DECLARING AN EMERGENCY. Mayor Apking said that the Village has purchased the last house on the southeast side of Reading Road next to the Evendale Carwash to add greenbelt for the south entrance into Evendale. They close in ten days and the purchase price was $122,700. The Village has a grant for the design of the entrance park. A motion to read Ordinance #07-26 by title only was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #07-26 was made by Mr. Albrinck, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #07-26 as an emergency measure was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #07-26 adopted as an emergency measure.

Mayor Apking presented Ordinance #07-27, APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-27 by title only was made by Mrs. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #07-27 was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #07-27 as an emergency measure was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #07-27 adopted as an emergency measure.

Mayor Apking presented Ordinance #07-28, ORDINANCE ESTABLISHING VILLAGE DEPOSITORIES FOR THE FIVE YEAR PERIOD FROM MAY 31, 2007 TO MAY 31, 2012 AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-28 by title only was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #07-28 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #07-28 as an emergency measure was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #07-28 adopted as an emergency measure.

Other items:

Mr. Vonderhaar mentioned that the Closing Ceremony for the Evendale Elementary School took place on Sunday, May 6 and new school commemorative bricks can be purchased for $50 each by calling the school.

Mr. Vonderhaar said he had three complaints from Inwood residents saying that the left turn off of Inwood Drive takes too long. The lights still need to be connected and timed and will be adjusted as needed once they are connected.

A motion to adjourn into Executive Session to discuss property acquisition was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. Council went into Executive Session at 8:45 pm.

Council reconvened at 9:10 p.m.  There being no further business to come before Council, a motion to adjourn was made by Mr. Lohmeier seconded by Mr. Puthoff and unanimously approved.



                                                        _______________________
                                                        Mayor

Attest:


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Village Clerk