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Regular Council Meeting Minutes 01/15/09



MINUTES

The Village of Evendale
Regular Council Meeting
January 15, 2009


A public hearing was opened by Mayor Don Apking for the Comprehensive Master Plan.  There were no comments. A motion to close the public meeting was made by Mr. Lohmeier and seconded by Mr. Vonderhaar and unanimously approved.  The Public hearing was closed.

The Village of Evendale Regular Council Meeting was called to order by Mayor Apking at 7:05 pm.

Roll call- The following council members were present: Ms. Carolyn Smiley-Robertson, Mr. Stiney Vonderhaar, Mr. John Ranz, Jr., Mr. Bill Puthoff, and Mr. Doug Lohmeier.  Mr. Jeff Albrinck was absent but expected to be running late.   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. Puthoff made the motion to accept the consent calendar, seconded by Mr. Lohmeier and unanimously approved.

Report of Mayor and Council Committees:

Fire, Recreation, Service, Engineering and GHF report- Ms. Carolyn Smiley Robertson reported the Village is trying to work with Duke Energy to get the bulbs in the street lights replaced on a timelier manner.  The Fire Department has ordered a Zoll E Series defibrillator and portable radios.  They will receive an external defibrillator free of charge.  Engineering reported ODOT has given the contractor until the end of January to complete the Glendale Milford Rd / Reading Rd intersection.  Resurfacing and re-striping will be completed in the spring.  Also in the spring, access to the Evendale Medical Building and Burger King will be terminated from drivers heading east on Glendale Milford Road.  Street projects for 2009 are: Gateclub, Horncastle, Swindon, Heathercrest, Knollview (partial), Grimsby Lane, Andalusia Close, Falling Waters, Normandy Close and the Civic Center parking lot.  Recreation Center is hosting a open house this weekend.  Cultural Arts Center has 45 registrants for the current session.  Carrie Vonderhaar’s presentation on Jean-Michel Cousteau's, Ocean Futures Society's earned $4500 which was donated back to the Society.

No report from Police, Finance and Administration Committee Report

Presentation of Ordinances and Resolutions:


Mayor Apking presented Ord # 08-65  AN ORDINANCE ADJUSTING PROVISIONS IN CHAPTER 258 PROVIDING GENERAL PURPOSE AND POLICIES REGULATING VILLAGE EMPLOYEES AND DECLARING AN EMERGENCY.  Mr. Burke recommended two amendments to the ordinance.  A revised ordinance was distributed.  A motion to amend the ordinance, as stated, was made by Mr. Vonderhaar and seconded by Mr. Lohmeier and unanimously approved. A motion to read Ord # 08-65 by title only, as revised, 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 # 08-65 was made by Mr. Vonderhaar, seconded by Ms. Smiley Robertson and unanimously approved on roll call. A motion to adopt Ord # 08-65 as an emergency was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ord # 08-65 adopted as an emergency.

Mayor Apking presented  Ord. #08-66   ORDINANCE MAKING VARIOUS APPOINTMENTS TO BOARDS AND COMMISSIONS WITHIN THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY.  There was no discussion.  A motion to read Ord. #08-66  by title only was made by Mr. Vonderhaar, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. #08-66 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ord. #08-66 as an emergency was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ord. #08-66 adopted as an emergency.

Mayor Apking presented Res #09-01  RESOLUTION TO APPOINT FIREFIGHTER  OR FIREFIGHTER/PARAMEDIC TO THE POSITION OF FIRE SPECIALIST FOR 2009 AND DECLARING AN EMERGENCY.  There was no discussion.  A motion to read Res #09-01 by title only was made by Ms. Smiley Robertson, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Res #09-01 was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Res #09-01as an emergency was made by Mr Ranz, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Res #09-01 adopted as an emergency.

Mayor Apking presented  Res #09-02  RESOLUTION APPOINTING SHANNON LYNCH SAFETY SPECIALIST FOR THE PUBLIC WORKS DEPARTMENT OF THE VILLAGE OF EVENDALE  AND DECLARING AN EMERGENCY.  There was no discussion.  A motion to read Res #09-02 by title only was made by Mr. Lohmeier, seconded by Ms. Smiley Robertson and unanimously approved on roll call. A motion to suspend the second and third readings of Res #09-02 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Res #09-02   as an emergency was made by Mr. Ranz, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Res #09-02  adopted as an emergency.


Mayor Apking presented  Res. #09-03  RESOLUTION TO APPOINT POLICE OFFICERS TO THE POSTITION OF POLICE SPECIALIST FOR 2009 AND DECLARING AN EMERGENCY.  There was no discussion.  A motion to read Res. #09-03 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 Res. #09-03 was made by Mr. Vonderhaar, seconded by Ms. Smiley Robertson and unanimously approved on roll call. A motion to adopt Res. #09-03 as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Res. #09-03 adopted as an emergency.

Mayor Apking presented  Ord # 09-01   AN ORDINANCE AUTHORIZING THE POLICE CHIEF OF THE VILLAGE OF EVENDALE, PURSUANT TO OHIO REVISED CODE SECTION 737.32, TO DONATE TO PUBLIC AGENCIES OR NON-PROFIT ORGANIZATIONS UNCLAIMED PROPERTY IN THE POSSESSION OF THE VILLAGE POLICE DEPARTMENT AND DECLARING AN EMERGENCY.  These are old bikes that will be fixed up and donated to a non- profit agency.  Mr. Burke stated that the committee requested an amendment to this ordinance that would allow the Village to donated bikes without having to bring it to Council.  An amendment to Section #1 was presented and approved.  A motion to read Ord # 09-01 by title only as amended 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 Ord # 09-01 was made by Mr. Vonderhaar, seconded by Mr. Ranz and unanimously approved on roll call. A motion to adopt Ord # 09-01 as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ord # 09-01 adopted as an emergency.


Mayor Apking presented Ord. #09-02   APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS, TRANSFERRING FUNDS AND DECLARING AN EMERGENCY. A motion to read Ord. #09-02  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. #09-02 was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ord. #09-02 as an emergency was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ord. #09-02 adopted as an emergency.


Discussion- Comprehensive Master Plan

Della Rucker, Planner with Jacobs, Edward and Kelcey presented to Council.  This Comprehensive Master Plan combines all the key points of the plans done in the past.  Input from the community was the highest percentage of responses in her firm’s history.  A planned strategy and implementation matrix in included in the plan.  

Mr. Vonderhaar questioned if it is recommended that all the re-zoning be done at one time or by pieces? Ms. Rucker and Mr. Burke agreed that it is preferable to do it all together so they won’t conflict or holes created.  

Mr. Albrinck asked about legal considerations when adopting this Comprehensive Master Plan.  Mr. Burke stated that if the Master Plan is adopted and it contains recommendations for rezoning, which have not been acted upon, and someone wants to have a parcel rezoned it may be hard to deny the rezoning request.

Mr. Cameron stated the Plan is prioritized for areas of rezoning and many commissions are involved to make the plan successful.  The completion dates are off because already one year behind schedule.

The Council has to agree to adopt the Plan by ordinance until any action can be taken.  If Council wants to make changes to the Master Plan it would have to go back to Planning Commission and then give them one month to act on the proposed changes.

Mr. Burke stated that if a piece of property is rezoned and the property is sold, the new owner can continue to use the property as its current use as long as not vacant for a certain period of time, depending on the Village code.  A grandfather provision may already be in the Village’s code.

Mrs. Rucker stated that the Comprehensive Master Plan not only suggest revising the zoning code.  There are other issues are the plan addresses.  

Specifics of the Comprehensive Master Plan will be discussed at a Special Council meeting on February 11 at 6:00 in Council Chambers.  Questions on specifics of the Plan should be email to Jack Cameron.  At that meeting the Comprehensive Master Plan will be thoroughly discussed.  It may take more than one meeting to go through the plan.



Other Business:

If you have any lights out in your subdivision, residents should call the Service Department with the pole number or address.

There was no need to adjourn to Executive Session.

A motion to adjourn was made by Mr. Albrinck and seconded by Mr. Vonderhaar and unanimously approved.  Meeting was adjourned at 8:05.



                                                        _______________________
                                                        Mayor
Attest:

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Village Clerk