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Regular Council Minutes 12/11/08


MINUTES

The Village of Evendale
Regular Council Meeting
December 11, 2008


A Public Hearing was held regarding the 2009 Village of Evendale Budget.  The current proposed 2009 budget does not have a line item for purchasing new cruisers or adding a portable defibrillator.  Members of council debated on the timing and rotation on buying police cruisers. Mr. Vonderhaar would like to see the cruisers added back into the budget because of the high mileage of cars and increased maintenance cost of older cruisers.   Chief Foust spoke about police cruiser rotation. Evendale currently rotates police cruisers every four years.  The last date to order cruiser for 2009 is April to get the car on the road by September 2009.   Mr. Ranz would like to leave it in the budget and then wait to consider placing the order in April depending on where the 2009 Villages revenues stand.  Ms. Smiley-Robertson would like to see the cars ordered in January 2009 and does not want to cut the budget because safety of the vehicles is extremely important.  Mr. Vonderhaar would like to order the vehicle in January. Mr. Ranz would like the defibrillator back into the budget.   These items will be discussed further when the ordinance is presented.  Public Hearing was closed by Mayor Apking.

The Village of Evendale Regular Council Meeting was called to order by Mayor Apking at 7:15 pm.  Upon roll call the following council members were present: Ms. Carolyn Smiley-Robertson, Mr. Stiney Vonderhaar, Mr. John Ranz, Jr., Mr. Bill Puthoff, Mr. Doug Lohmeier and  Mr. Jeff Albrinck.   Also present were:  Assistant to the Mayor, Jack Cameron; Village Engineer,  James Jeffers; Village of Evendale Fire Chief, Rick Cruse;  Recreation Director, Dave Nicholas; Village Solicitor, Tim Burke; and Village Clerk, Barb Rohs.

Mayor Apking presented the consent calendar.  Mr. Lohmeier made the motion to accept the consent calendar, seconded by Mr. Albrinck and unanimously approved.

Report of Mayor and Council Committees:

Mr. Albrinck gave the report for the Police-Finance-Administration Committee.  November revenues were 1.0M and the expenses were 1.3M.

Mr. Lohmeier gave the report for the Fire–Recreation-Service-Engineering-GHF Committee. There will be an ordinance this month regarding pool and fitness center management.

Mayor Apking announced that Phyllis Schaefer, Evendale resident, passed away on Sunday.  Funeral services with be tomorrow at Good Shepard Lutheran church by Kenwood Mall.  Much sympathy goes out to Chris Schaefer and his family.



Presentation of Ordinances and Resolutions:

Ordinance #08-52 ORDINANCE AMENDING CHAPTER 1262 OF THE ZONING CODE CONTAINED IN THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE was presented by Mayor Apking and this is the second reading. Discussion:  Kathy Farrow, from the law firm of Manley Burke, was in attendance to discuss the ordinance in more detail.  Ms. Farrow explained the main reason for amending the sign code chapter was to separate out political signs from temporary signs.  Also, the proposed changes will make it easier to monitor and enforce the temporary signs in the commercial areas of the Village.   Temporary signs, which currently include political signs, are allowed by the existing code for 15 days per month, every month.  The proposed changes will make the sign code for temporary signs allowable for 30 day periods, 4 times a year with 30 days in between each period.  Political signs regulation was the same as temporary signs and the proposed changes will be in regards to the actual size of the signs.  Proposed regulation for political signage is 16 sq. feet per sign face, accumulative to 32 sq. feet per parcel of land.  That is about 2 signs per parcel with a 10 ft set back for safety.  Another proposed change in the sign code chapter is to the violations and penalty section.  The new code’s abatement period was be shortened to 24 hours.  Mr. Albrinck asked Mr. Burke if there was a concern over freedom of speech rights regarding regulating political signs.  Mr. Burke stated that it is difficult to put a time limit on political signs and that is why the proposed changes separate political signs from temporary signs.  Mr. Albrinck asked if Council was able to put a regulation in place regarding the size of the political sign and if it could done from a constitutionally. Also, what if a person puts up a very large political sign in their yard?  Mr. Burke thinks Council may be pushing the limits regarding regulating the total size of the political signs.  Mr. Burke stated that the courts have not been   clear in regulating political signs.  Courts give more leeway to citizens putting up political signs than putting up commercial signs.  Mr. Lohmeier stated that hopefully residents would respect what large signs do to the look of our neighborhoods.  The message can be on both sides of the signs. Mr. Albrinck asked how Evendale was going to manage and enforce the regulation.  Mr. Cameron stated with the current code sign regulation is very hard to enforce and these changes make it easier to enforce.  There is a possibility of using stickers. Repeat violators will have increased penalties.  Temporary signs in commercial areas are limited to one sign per 30 linear feet and the sign can not be in the right-of-way.    Mr. Albrinck and Mr. Lohmeier were in agreement that if this is passed that it most be enforced.  A motion to suspend the third readings of Ord. #08-52   was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ord. #08-52   as an emergency was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ord. #08-52   adopted as an emergency.  Mayor Apking extended his appreciation to all committees that worked on these changes.


Ordinance # 08-53A ORDINANCE GRANTING A SIGN VARIANCE TO MR. CLEAN PERFORMANCE CAR WASH, FOR A MONUMENT SIGN AT 10199 READING ROAD AND DECLARING AN EMERGENCY was presented by Mayor Apking and this is the second reading.   Discussion:  Mr. McCarthy, representing Mr. Clean and P&G, was in attendance to answer any questions.  Mr. Lohmeier stated that Mr. Clean consistently violates the temporary sign codes.  Mr. Ranz asked if Mr. Clean is currently in violation of the current sign code.  The Planning Commission minutes from 9-9-08 stated that “Mr. Clean must remove all other non conforming signs immediately”.  The representative from Mr. Clean stated that they have not been removed but purchase order has just been issued for removal.  Mr. Albrinck asked why it has taken so long for a purchase order to be issued.  Mr. McCarthy stated that bids were needed before a purchase order was issued.
Mr. Ranz passed out sign code variance wording to the council showing that both of the conditions need to be met before a variance is issued.  Mr. Ranz stated that in his opinion Mr. Clean meets #2 but not #1.
(1)     Where the literal application of this chapter would result in unnecessary hardship peculiar to the property involved and not based on conditions created by the owner. As used in this paragraph, "unnecessary hardship" does not include reduction of economic advantage.
(2)     Where the granting of a variance will not unduly injure adjoining or neighboring property.  There are 2 reasons that both must be present to warrant a variance.  

Mr. Ranz asked the Mr. Clean representative how he felt Mr. Clean meets the #1 criteria.  Mr. McCarthy stated that the current sign is 32 feet from the road with poor visibility.  It was placed there because of the placement of exit lane and is located on the only island. Mr. Vonderhaar stated the Planning Commission recommended that Mr. Clean put the drive way were it is current located because of potential traffic flow.  A motion to suspend the third readings of Ord. . # 08-53A was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and yes votes by Mr. Vonderhaar, Mr. Lohmeier, Mr. Albrinck, Mr. Puthoff and Ms. Smiley-Robertson.  No vote by Mr. Ranz.   A motion to adopt Ord. # 08-53A as an emergency was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and yes votes by Mr. Vonderhaar, Mr. Lohmeier, Mr. Albrinck, Mr. Puthoff and Ms. Smiley-Robertson.  No vote by Mr. Ranz.  . Mayor Apking declared Ord. # 08-53A adopted as an emergency.

Mr. Vonderhaar motioned to table Ord. 08-53B and seconded by Mr. Lohmeier and unanimously approved on roll call.


Ordinance  # 08-55   ORDINANCE MAKING ANNUAL APPROPRIATIONS FOR CURRENT EXPENSES AND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 AND DECLARING AN EMERGENCY was presented by Mayor Apking. Discussion:
Mr. Lohmeier would like to put the portable defibrillator back into the budget.  The Recreation Committee recommends $20,000 for Phi Lambda Phi 50th celebration.  Mr. Albrinck questioned the timing for putting the police cruiser back into the budget but not purchase the cruiser until mid year.  Mr. Synder stated that the police cruiser, defibrillator and Phi Party would be an additional $89,000.  Each council member has two lists : “A” and “B”.  The “A” list is those items that were in the budget and then removed.  The “B” list is items that were never in the budget. The three added items were from the “A” list.  Items added to the budget have to go back to council committee for recommendation.    The “B” list is for the department heads to come back to this year or next year.  In 2008, the Village spent an additional 1M than what was originally in the budget.  Chief Foust stated that as long as the police cruiser  were ordered by April 2009, delivery would be in 2009. Mr. Lohmeier noted that Griffin Capital for 2009 is $10,000.  This figure can be reduced to $6,000.  Mr. Lohmeier stated the cost of the employee appreciation dinner should be reviewed.  Mr. Albrinck would like to continue to show the employee appreciation for their hard work and the cost has already been cut by bringing the dinner to the recreation center.  Mayor Apking would like to use the committee meeting to change the budget if needed.  

A move to substitute the amended ordinance of #08-55, adding back in the police cruiser, portable defibrillator and Phi Lambda Pi 50th anniversary celebration, was made Mr. Puthoff and seconded by Mr. Albrinck and unanimously approved on roll call. A motion to read amended Ord. # 08-55 by title only was made by Mr. Ranz, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of amended Ord. # 08-55 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt amended Ord. # 08-55 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ord. # 08-55   adopted as an emergency.


Ordinance # 08-56 ORDINANCE APPOINTING TERESA REEDER AS AN ADMINISTRATIVE CLERK FOR THE POLICE DEPARTMENT OF THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY was presented by Mayor Apking.  Discussion:  Ms. Smiley Robertson questioned why this ordinance had an emergency clause.  Mr. Burke stated that the clause was added so the administrative work can be completed before the hire date.  A motion to read Ord. # 08-56 by title only was made by Mr. Vonderhaar, seconded by Mr. Ranz and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. # 08-56 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ord. # 08-56 as an emergency was made by Mr. Ranz, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ord. # 08-56
adopted as an emergency.


Ordinance # 08-57 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH LIFESTYLE ESSENTIALS, LLC. FOR THE OPERATION OF THE EVENDALE FITNESS CENTER AND DECLARING AN EMERGENCY was presented by Mayor Apking.  Discussion: Mr. Albrinck stated that he has received numerous phone calls and email regarding changing providers.  The current provider is actively engaged in the community.  There is a relationship that the provider has with the residents.  What is the best option may not always be the cheapest or lowest bidder.  What latitude does Council have?  Mr. Burke stated the Council does have some latitude to decide what is best for the community.  But if you go with the bidder that is not the lowest you have to be able to articulate and specify why the bid is the best if it not the lowest. Mr. Puthoff asked if this recommendation came out of the Rec Commission.  Mayor Apking stated that it is not the function of the Recreation Commission to recommend a provider.  The recommendation did come from the Council Committee.  Mr. Nichols stated that he is confident that the Lifestyle Essentials will be able to perform under the specifications of the contract.  Mr. Nichols spoke with references and Lifestyles Essentials has glowing recommendations.  The process under the state law requires us bid out this contract.  Ms. Smiley-Robertson stated that the Council Committee members spent a great deal of time discussing this matter.  It is difficult to quantify a valued relationship.  There was also a large monetary difference between the two bids. A motion to read Ord. # 08-57  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 Ord. # 08-57  was made by Mr. Lohmeier, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Ord. # 08-57 as an emergency was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ord. # 08-57  adopted as an emergency.  Introductions were made.


Ordinance # 08-58 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE OPERATION OF THE MUNICIPAL SWIMMING POOL AND DECLARING AN EMERGENCY was presented by Mayor Apking.  Discussion:  Mr. Vonderhaar mentioned that this bid was not the lowest but the other bidder did not attend the mandatory meeting required for bidding.   A motion to read Ord. # 08-58   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 Ord. # 08-58 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ord. # 08-58 as an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ord. # 08-58  adopted as an emergency.  Introductions were made.  


Ordinance # 08-59A ORDINANCE GRANTING SIGN VARIANCES FOR THE BOY SCOUTS OF AMERICA SITE AT 10078 READING ROAD AND DECLARING AN EMERGENCY was presented by Mayor Apking.  Discussion:  Mr. Cameron stated that this ordinance has two parts: #1 - a larger sign on Reading Rd. and #2 - the wall sign in the pond area. A motion to read Ord. # 08-59A,   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 Ord. # 08-59A   was made by Mr. Albrinck, seconded by Mr. Puthoff and unanimously approved on roll call.   Mr. Burke stated that the sign variance committee met the other night and placed a condition on the approval of the wall sign. The last “Whereas” clause should be deleted.   A motion to drop the last “Whereas” clause was made by Mr. Albrinck and seconded by Mr. Lohmeier.  All were in favor.   A motion to adopt Ord. # 08-59A. as amended, as an emergency was made by Ms. Smiley-Robertson, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ord. # 08-59A, as amended,  adopted as an emergency.

Mr. Lohmeier motioned to table Ord. 08-53B and seconded by Mr. Albrinck and unanimously approved on roll call.



Ordinance #08-60  - ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE READING ROAD GATEWAY PROJECT was presented by Mayor Apking.   Discussion:  This new sign will take place at the south edge of Reading Rd. and is in conjunction with the Civic Garden Center.  It is a circular concrete retaining wall, with pavers, irrigation, landscaping and back lighting.  This will also allow continuing the path lights to the edge of the Village, south of Cooper.  The money for path lights have not been appropriated.  The Civic Garden Center received money by GE for $50,000, $30,000 of construction and $20,000 for annual maintenance.  The Village will contribute about $20,000 into project.     A motion to read Ord. #08-60   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 Ord. #08-60   was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ord. #08-60   as an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ord. #08-60   adopted as an emergency.


Ordinance # 08-61 ORDINANCE AUTHORIZING MAYORTO HIRE PART-TIME EMPLOYEES AND SETTING PAY RATESAND DECLARING AN EMERGENCY (Puthoff) was presented by Mayor Apking. Mr. Puthoff abstained himself from this vote.   A motion to read Ord. # 08-61 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 Ord. # 08-61 was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ord. # 08-61 as an emergency was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ord. # 08-61 adopted as an emergency.


Ordinance # 08-62  ORDINANCE AUTHORIZING MAYOR TO HIRE PART-TIME  EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY was presented by Mayor Apking.   A motion to read Ord. 08-62    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 Ord. 08-62   was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ord. 08-62   as an emergency was made by Mr. Lohmeier, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Ord. 08-62   adopted as an emergency.


Ordinance # 08-63 APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS, TRANSFERRING FUNDS AND DECLARING AN EMERGENCY was presented by Mayor Apking.  A motion to read Ord. # 08-63 by title only was made by Ms. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. # 08-63 was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ord. # 08-63 as an emergency was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ord. # 08-63 adopted as an emergency.



Ordinance #08-64  ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH DENTAL CARE PLUS TO PROVIDE DENTAL INSURANCE FOR VILLAGE EMPLOYEES AND DECLARING AN EMERGENCY was presented by Mayor Apking.   A motion to read Ord. #08-64    by title only was made by Mr. Ranz, seconded by Mr. Albrinck and unanimously approved on roll call.  A motion to suspend the second and third readings of Ord. #08-64 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ord. #08-64   as an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ord. #08-64   adopted as an emergency.


A motion to move 08-65 and 08-66 to next month was made by Mr. Puthoff and seconded by Mr. Albrinck and unanimously approved on roll call.  


Other Business:


Mr. Phil Schneider, resident of the Village, addressed council regarding the completion of the street sign project.   The visibility of the new placards is quite improvement.  Also, two signs have been hit.  Mr. Schneider also asked when all the issues will be addressed regarding corrections.  He would also like council to not take as long regarding the lights in the neighborhood as they did on making a decision regarding the street signs Mr. Jeffers said there are additional and replacement signs on order.  The list should be completed when new signs arrive. Also, there are numerous overhead lights out in the neighborhoods and they need to be addressed.

James addressed council regarding Glendale Milford Rd/Reading Road intersection.  The alignment will be changed on the lights.  ODOT and Evendale are still addressing looping.  All changes should be made by 12-19-08.

A motion to go into executive session to discuss property acquisition was made to by Mr. Vonderhaar and seconded by Mr. Puthoff and unanimously approved.

Motion to adjourn was made by Mr. Albrinck, seconded by Mr. Puthoff and unanimously approved.