MINUTES
The Village of Evendale
Regular Council Meeting
March 8th, 2011
The Village of Evendale Regular Council Meeting was called to order by Mayor Apking at 7:00pm.
Roll call- The following council members were present: Ms. Carolyn Smiley-Robertson, Mr. Stiney Vonderhaar, Mr. John Ranz, Jr., Mr. Bill Puthoff, Mr. Chris Schaefer, and Mr. Doug Lohmeier. ~ Also present: Village Engineer, James Jeffers; Village of Evendale Police Chief Niel Korte; Fire Chief Rick Cruse, Recreation Director, Dave Nichols; Village Clerk, Barb Rohs, Assistant to the Mayor, Jack Cameron, Village Solicitor, Tim Burke and Village CFO George Snyder.
A presentation was made to Sgt. Steve Niehauser and Sgt. Doug Abrams for the time, effort and commitment to the successful prosecution in a 2009 homicide that occurred SB I-75. A letter was read from the Hamilton County Prosecutors office commending the officers for the excellent work performed during the investigation of the 2009 homicide. On March 4, 2011 all three suspects were convicted of aggravated murder and received life without parole.
Mayor Apking presented the consent calendar. ~ Mr. Smiley-Robertson made the motion to accept the consent calendar, seconded by Mr. Vonderhaar and unanimously approved.
Committee Reports:
Police and Fire Council Committee:
Ordinance #11-13 will be amending to include the toner for the new printer for the police department.
Finance, Administration, Recreation, Service, Engineering and GHF Committee:
There is a deficit of approximately $900,000 because of the purchase of new fire truck. Earning tax is $18,000 YTD higher.
The Mayor presented Ord. #11-10A ORDINANCE APPROVING A LOT SPLIT AND CONSOLIDATION OF THE LOTS FOR REST HAVEN MEMORIAL PARK AT 10209 PLAINFIELD ROAD AND DECLARING AN EMERGENCY. Mr. Puthoff recused himself from the vote. Discussion: Jose J. Castrejon, ASLA, LEED AP
Vice President, Landscape Architecture & Planning with McGill and Smith addressed council representing Rest Haven. Mr. Castrejon presented the plans for a new a mausoleum facility for Rest Haven. The Planning Commission and Zoning Board have been met and approved the plan with a few agreed upon conditions. A lot split and consolidation of two lots on Glendale Milford are owned by Rest Haven. This proposed mausoleum with have interior access only. This would be set back about 200 ft from Glendale Milford Road. Mr. Ranz asked if there were plans for ingress and egress off of Glendale Milford Road. The BZA approved interior access only and updated the perimeter fence.
A motion to suspend the second and third readings of Ord. #11-10A was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to adopt Ord. #11-10A as an emergency was made by Mr. Ranz, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared adopted as an emergency. A motion to table Ord. #11-10B was made my Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call.
The Mayor presented Ord. #11-03 ORDINANCE ORDAINING SECTION 238.02, TITLE OF ADMINISTRATIVE ASSISTANT, AND DECLARING AN EMERGENCY.
Discussion: Mr. Lohmeier would like to table the ordinance. Mr. Schaefer stated that this change was prompted from the Charter Review committee. A motion to table Ord. #11-03 was made my Ms. Smiley-Robertson, seconded by Mr. Lohmeier and approved on roll call. A “no’ vote was made by Mr. Schaefer and Mr. Vonderhaar.
The Mayor presented Ord. #11-08 ORDINANCE THE RULES AND REGULATIONS FOR THE HAMILTON COUNTY STORM WATER DISTRICT.
A motion to suspend the second and third readings of Ord. #11-08 was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ord. #11-08 as an emergency was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ord. #11-08 adopted as an emergency
The Mayor presented #11-09, A ORDINANCE APPROVING AN AMENDMENT TO THE PLANNED BUSINESS DEVELOPMENT OVERLAY DISTRICT FOR EVENDALE COMMONS BUSINESS PARK AND DECLARING AN EMERGENCY AND ORDINANCE DENYING AN AMENDMENT TO THE PLANNED BUSINESS DEVELOPMENT OVERLAY DISTRICT FOR EVENDALE COMMONS BUSINESS PARK AND DECLARING AN EMERGENCY. This is the second reading or both #11-09A and #110-09B. Mr. Ricky addressed council regarding some changes to the PBD plan. One item that came from the 2-8-11 council meeting was to address the wording for permitted use or conditional use of a hotel. After much discussion, it was decided to recommend removing the hotel use classification from the D-2 area of the plan as conditional use and from the A and B areas as permitted use. If in
the future, a quality hotel is looking for a site, the developer will address making a change to the proposed PBD. A motion to substitute PDB 3/8 attachment was made by Mr. Schaefer, and seconded by Mr. Lohmeier and unanimously approved.
Mr. Lohmeier believes that these changes need to be made to the PBD in order to speed up development because of the efforts of the developer and the changes in the economy.
Mr. Ricky believes these are good changes to make the property more marketable. Chase Bank is interested in the property on Glendale Milford Rd. This will also allow the piece of property next to Chase Bank to potentially be used as a restaurant. The proposed plan will help get development started in Evendale Commons. It will stimulate business growth, tax income and potential restaurant operators. The design component of the plan does not change. Mr. Schaefer addressed council that the CIC looked at the financials of the plan. The proposed plan does have less tax revenue. The projection is approximately 2/3 less than original plan. When D-2 and D-3 have been developed and additional office and flex space is needed then the A-2 area could be looked at in the future for a change from
retail with approval of the change. The developer is limited in the number of changes because it can affect the value of the property. The appraisal of the property is based on retail land and office land. If the retail land is taken out the whole appraised value of the land would go down.
Ms. Smiley Robertson asked why this plan makes the land more marketable. Mr. Ricky stated that this plan came from the December workshop where a more realistic plan was sought out. The proposed plan has smaller office buildings than the original plan. D-3 area is still office but now includes distribution use. D-4 is distribution use, which is a lower price. This plan responds to the market place.
Mr. Puthoff stated how A-3 is a less desirable site than the corner lot. Representatives of Chase Bank. Mr. Mofitt, where in attendance and stated they would not go to another site, that they were only interested in the corner site.
Mayor Apking does not think we are doing a service to Evendale or the developer if changes are not made. The value of the property will go down if nothing is done.
Mr. Ranz thanked Chris Patterson for the work. Mr. Ranz has spoke to past council members, current and former CIC and planning commission. Comments that were made were no net gain for the village, no tax benefits and uses up a valuable piece of property. Mr. Ranz says this is a short term fix. Mayor Apking feels this will allow the other property to be developed.
Mr. Ricky stated there is 6.5 years of history on this property along with Miller Valentine. The vacancy rate is so high around the city. This is the most marketable plan for this property. Kinetic Vision is the only office that has been attracted in the past 6.5years.
Mr. Puthoff only issue is the changes in D-1 and D-2 area.
Chris Patterson from Planning Commission addressed council. Everyone agrees that D-3 and D-4 should be changed. There is no conscious with the bank property. This plan is just smaller than originally proposed. No one has come up with an alternative plan for the D-1 area.
Mr. Vonderhaar believes we are giving away the large office building that was originally proposed. Planning Commission looked for a way to get this project moving to give value to Evendale.
Ms. Smiley Robertson is not comfortable with the plan and would prefer D-1 to be a two to three story building. Miller Valentine stated that the offices that are being built right now are for an end user or fully leased. The original intent was to have end- users and possibly an office building that was 40% leased and then look for other tenants. There are not end-users out looking for space and banks are not lending money for buildings that are not leased. A three story building would not fit in the D-1 area. The other area, D-2, is a larger area with good signage. There is also still flexibility in A-2.
Bob Scuzer, resident, does not believe bringing a bank into the site does much for the residents of Evendale. It is a big change of scope for the site and does not bring much additional tax revenue to the Village.
Mr. Lohmeier stated that if this gets sent back to planning commission that direction needs to be given to the commission.
Mr. Schaefer does not think that an office building work will on D-1.
Mr. Ricky stated that he has no other suggestions for the D-1 area. Potential tenants want to be located on Glendale Milford Rd. Mr. Lohmeier stated the Village should look to purchase the property that way the Village could control what goes in. Mr. Ricky stated that the cost is $1.5M for the 3.5 acres. Mr. Lohmeier made the motion to purchase the property.
Mr. Ranz stated that you could put a two to three story building on the property and have the bank on the first level. Miller Valentine stated that all banks want to be in free standing sites for signage and visibility. Mr. Ranz does not know what the bank does for this community. Mr. Ricky stated that bank does allow the developer have a restaurant site.
Mr. Cameron responded that Chase is only interested in being in a single use building.
Mr. Cameron highlights that the developer is asking for another change but that is the world of developing and Evendale needs to be flexible. Many things are happening in Evendale: Medical Center expansion, six businesses expand, GE aviation is getting many permits. The bank would allow things to start to happen. A large office would not work in that spot. All residents have been asking for a restaurant.
Mr. Puthoff made motion to table the ordinance. Ms. Smiley Robertson said to have the second reading and discuss at as a group. In order to pass the ordinance tonight, there needs to be 5 votes to suspend the roles.
The Mayor presented Ord. # 11-15 ORDINANCE APPROVING PROPOSED AMENDMENTS TO THE EVENDALE COMMONS PLANNED BUSINESS DISTRICT AT THE INTERSECTION OF GLENDALE-MILFORD ROAD AND CUNNINGHAM DRIVE, AND DECLARING AN EMERGENCY. A motion to read Ord. # 11-15 by title only was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call.
The Mayor presented Ord. #11-14 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF EASEMENT TO THE BENEFIT OF CARPENTER’S CREEK HOMEOWNER’S ASSOCIATION, INC. TO PROVIDE SIGNAGE AND LANDSCAPING AND DECLARING AN EMERGENCY. A motion to read Ord. #11-14 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. #11-14 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ord. #11-14 as an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ord. #11-14 adopted as an emergency
The Mayor presented Ord. # 11-11 ORDINANCE AUTHORIZING THE CHIEF FISCAL AND ACCOUNTING OFFICER TO ENTER INTO AN AGREEMENT WITH SJS INVESTIMENT CONSULTING, INC. TO PROVIDE INVESTMENT ADVICE TO THE VILLAGE OF EVENDALE CONSISTENT WITH THE SJS INVESTMENT MANAGEMENT PROPOSAL SUBMITTED TO THE VILLAGE OF EVENDALE DATED FEBRUARY 9, 2011, AND DECLARING AN EMERGENCY.
Discussion: Mr. Ranz asked the process of deciding the $ amount. Mr. Schaefer stated that SJS Investments would receive up to current amount in the money market less the amount of current operations. What is the process to evaluating the performance. A periodic review will be done on the investment. The length of the agreement is open ended and can be terminated at any time. A process needs to be decided on proposed investments. A motion to suspend the second and third readings of Ord. # 11-11 was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ord. # 11-11 as an emergency was made by Ms. Smiley-Robertson, seconded by Mr. Ranz and unanimously approved on roll call. Mayor Apking declared Ord. # 11-11 adopted as an
emergency.
The Mayor presented Ord. #11-12 ORDINANCE AUTHORIZING THE MAYOR TO HIRE ZACHERY TUCKER AS A PART-TIME EMPLOYEE IN THE RECREATION DEPARTMENT AND DECLARING AN EMERGENCY. A motion to read Ord. #11-12 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 Ord. #11-12 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ord. #11-12 as an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ord. #11-12 adopted as an emergency
The Mayor presented Ord. # 11-13 APPROVING ADDITIONAL APPROPRIATIONS IN COURT COMPUTER FUND AND DECLARING AN EMERGENCY. A motion to amend Ord. 11-13 was made by Mr. Lohmeier and seconded by Mr. Vonderhaar and unanimously approved. Discussion:
A motion to amend the ordinance to $3,400 was made my Mr. Lohmeier and seconded by Mr. Puthoff and unanimously approved.
A motion to read Ord. # 11-13, as amended, 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. # 11-13, as amended was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ord. # 11-13, as amended as an emergency was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ord. # 11-13, as amended adopted as an emergency.
The Mayor presented Res. #11-03 RESOLUTION TO APPOINT POLICE OFFICERS TO THE POSITION OF POLICE SPECIALIST FOR 2011 AND DECLARING AN EMERGENCY. Mr. Vonderhaar recused himself from the vote. A motion to read Res. #11-03 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 Res. #11-03 was made by Ms. Smiley-Robertson, seconded by Mr. Ranz and unanimously approved on roll call. A motion to adopt Res. #11-03 as an emergency was made by Mr. Lohmeier, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Res. #11-03 adopted as an emergency
No Other Business
Mr. Cameron updated council on GE Joint Striker funding.
Mr. Phil Schneider asked if there has been a deer count of the Village of Evendale. Mayor Apking stated that a deer count was completed and no indication of overpopulation.
A motion to adjourn was made by Mr. Schaefer and seconded by Mr. Vonderhaar and unanimously approved on roll call. Meeting was adjourned at 9:05.
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