The Village of Evendale
Special Council Meeting
October 17, 2007
The Village of Evendale held a Special Council Meeting 5:30 pm on October 17, 2007. The meeting was called to order by Mayor Don Apking. Upon roll call, the following members were present: Mr. Chris Schaefer, Mrs. Carolyn Smiley-Robertson, Mr. Jeff Albrinck, Mr. Stiney Vonderhaar and Mr. Doug Lohmeier. Mr. Bill Puthoff, Jr. was absent and excused. Also present were Solicitor, Tim Burke; and Village Clerk, Michelle Ficke.
Mayor Apking presented Ordinance #07-53, ORDINANCE APPROVING A LOT SPLIT OF PROPERTY LOCATED AT 10400 READING ROAD, ALSO KNOWN AS THE VILLAGE CROSSINGS SHOPPING CENTER AND DECLARING AN EMERGENCY. A motion to amend the third Whereas clause to read “the Planning Commission has recommended approval” was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved. A motion to read amended ordinance #07-53 by title only was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of amended Ordinance #07-53 was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #07-53 as amended as an emergency was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved
on roll call. Mayor Apking declared amended Ordinance #07-53 adopted as an emergency.
Mayor Apking presented Ordinance #07-60, ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A REDEVELOPMENT AGREEMENT BY AND BETWEEN THE VILLAGE OF EVENDALE AND EVENDALE SURGICAL PROPERTIES, LLC AND DECLARING AN EMERGENCY. Tim Burke announced that the provisions for a lien were incorporated into the Redevelopment Agreement and he is confident that the language accomplishes all that they discussed last week. Mr. Burke presented the language in Section 7, subparagraph “e” which the Redeveloper requested be substituted clarifying dates for the plan submission. The sleep center building is to be built May 2009. The medical office building will begin May 2010 and be completed by April 2011. Mr. Schaefer said that the sleep center will be consistent with the medical building and it should not be a problem moving it through Planning
Commission in a timely manner, so these new dates should suffice.
Mr. Albrinck asked if language provided for a liquidated damages clause to ensure they meet with the terms of the contract so that the burden would not fall on the Village to file suit for breach of contract. Mr. Burke said that it would be worth it for the Village to file suit for breach of contract and that it would not be burdensome. Mrs. Smiley-Robertson asked if the Attachment B needed to be attached to the agreement and Mr. Burke explained that it would be a standard form mortgage and it would be attached to the executed contract.
A motion to amend the ordinance to include the language presented by Tim Burke in Section 7, subparagraph e was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to read amended Ordinance #07-60 by title only was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of the amended ordinance was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt amended Ordinance #07-60 as an emergency was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared amended Ordinance #07-60 adopted as an emergency.
Other Items:
Mayor Apking announced that as of this morning the Village owns the motel across from St. Rita’s. He and Art Cox will go over to the motel tomorrow to assess what is worth auctioning off if anything.
The rusted water tower near Brendamoors is down as of last week.
Gordon Geraci asked when the motel and shopping center purchased by the Village will be torn down. The Mayor stated that the motel will be down in six months. Mr. Schaefer explained that there are contingencies with the shopping center that must be fulfilled and that Neyer is responsible for tearing it down. It will take some time before this will happen.
Mr. Lohmeier asked that the Mr. Clean Carwash signs be taken down since they violate the sign code of the Village. Mayor Apking agreed that this was a good idea. Mr. Lohmeier emphasized that if we allow the carwash to have signs then it would be hard to enforce other businesses from putting up similar signs.
There being no further business to come before council, Mayor Apking asked for a motion to adjourn. A motion to adjourn was made by Mr. Albrinck seconded by Mr. Schaefer and unanimously approved. Council adjourned at 6:01 pm.
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Mayor
Attest:
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Village Clerk
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