MINUTES
The Village of Evendale
Regular Council Meeting
February 12th, 2013
The Village of Evendale Regular Council Meeting was called to order by Mayor Don Apking at 7:00pm.
Roll call- The following council members were present: Mayor Don Apking, Mr. Stiney Vonderhaar, Mr. John Ranz, Jr., Mr. Jeff Albrinck, Mr. Doug Lohmeier, and Mr. Chris Schaefer. Ms. Catherine Hartman was absent and excused. Also present: Police Chief Niel Korte; Fire Chief, Mike Hauck; Village Solicitor, Tim Burke, Assistant to the Mayor, Jack Cameron, Recreation Director Dave Nichols and CFO Cynthia Caracci.
Mayor Apking presented the consent calendar. The motion to accept the consent calendar was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved.
Committee Reports:
Police, Fire, Recreation Council Committee:
The Fire Department had 112 applicants, 90 took the written test of which 36 passed. Physical ability test will be administered. At the committee meeting Chief Korte presented information that supports making the speed limit a consistent 35 MPH for the entire stretch of Glendale-Milford from the west corporation line to Reading Road.
Finance, Administration, Service, Engineering and GHF Committee:
The January Income tax receipts were $1,057,751.30. That is down about $110,000 from 2012. For January 2013, excluding Evendale Commons, the net surplus was $110,373.01. Gorman Farm did qualify for the first round of the Impact 100 grants. The GHF mule team will be participating in the opening day parade. Work at the shelter house will be in October and November. Council should review the information in their packet and see the Mayor if there are questions.
Presentation of Ordinances and Resolutions:
The Mayor presented ORD. #12-64 AN ORDINANCE AMENDING THE EVENDALE CODE OF ORDINANCES BY REPEALING PART TWELVE, TITLE TWO IN ITS ENTIRETY, REPEALING PART FOURTEEN, TITLE SIX, CHAPTER 1460, SIGNS, IN ITS ENTIRETY, AND ORDAINING NEW PART TWELVE, TITLE TWO, PLANNING AND ZONING CODE, FOR THE VILLAGE OF EVENDALE, AND DECLARING AN EMERGENCY. This is the third reading. Mr. Patterson addressed council. Final language from all the conversations has been circulated. It was previously agreed that council would take the following and vote on each separately: 1- Senior housing to be removed from the zoning code and address each as a separate issue, 2- Type A daycare with a 1000’ separation and 3- a separate bundle of a list of amendments that will be voted on as a group. Mr. Schaefer asked about
putting the vote off until next month until a full council is in attendance. Mr. Schaefer made a motion to table Ord. #12-63 and Ord. #12-64, seconded by Mr. Albrinck and unanimously agreed on roll call.
The Mayor presented RES. #13-02 RESOLUTION ADOPTING VILLAGE OF EVENDALE POLICY ON COBRA. A motion to read RES. #13-02 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 RES. #13-02 was made by Mr. Albrinck, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt RES. #13-02 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared RES. #13-02 adopted as an emergency.
The Mayor presented ORD. #13-04 ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AND CARRY OUT A CONTRACT TO PURCHASE PROPERTY AT 9740 READING ROAD AND DECLARING AN EMERGENCY. A typo was found in the ordinance. A motion to amend the ORD. #13-04, Section 1 to 9740 was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved. The proposed purchase price of this property is $425,000 and appraised value is $400,000. Mr. Ranz addressed council stating that he has in the past been in favor of property acquisitions. He is not in favor of this acquisition for the following reasons:
• Current economic time and conditions of real estate market do not support the Village offering more than appraised value
• VOE has no plans for this property
• CIC was not asked to make a recommendation of these properties
• The Village has not looked into monthly maintenance of these properties
• The Village may have an opportunity to purchase property closer to the main intersection
A motion to read Ord. #13-04, as amended, 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. #13-04 was made by Mr. Lohmeier, seconded by Mr. Schaefer. Yes votes by Mr. Schaefer, Mr. Lohmeier, and Mr. Albrinck. No vote by Mr. Ranz. This is only the first reading.
The Mayor presented ORD. #13-05 ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AND CARRY OUT A CONTRACT TO PURCHASE PROPERTY AT 9746 READING ROAD AND DECLARING AN EMERGENCY. Discussion: The appraised value is $55,000 and the proposed purchase price is $150,000. Mr. Albrinck stated that does not support the purchase of this property at the proposed purchase price. It is over $200,000 an acres. The appraiser stated to the Mayor that this was a difficult piece of property to appraise. The property is zoned commercial. The auditor’s value is $135,000. Mr. Schaefer stated that this property is important to the purchase of the other two properties. Mayor Apking believes the property is worth $150,000 when it is combined with all the other properties. Mayor Apking
will go back to talk to the property owners. Mr. Albrinck would be much more comfortable with offering $125,000. Mr. Lohmeier asked about putting all three ordinances under one ordinance. Mr. Schaefer does not support buying one property without the others.
A new clause will be put in each ordinance stating that the purchase is contingent on the purchase of the other properties. A motion to read Ord. #13-05, by title only was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call.
The Mayor presented ORD. #13-06 ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AND CARRY OUT A CONTRACT TO PURCHASE PROPERTY AT 9710 READING ROAD, MAKING SUPPLEMENTAL APPROPRIATION AND DECLARING AN EMERGENCY. A motion to read ORD. #13-06 by title only was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call.
The Mayor presented ORD. #13-07 APPROVING ADDITIONAL APPROPRIATIONS IN THE GENERAL FUND FOR TUITION REIMBURSEMENT AND DECLARING AN EMERGENCY. Discussion: Mr. Lohmeier said in the past when an employee went for a Master Degree a contract was approved stated the employee’s commitment to the Village. What is the Village’s return on the investment? The money was not appropriated for this degree. The individuals do not have a problem making a commitment back to the village. A motion table ORD. #13-07 until the policy is addressed was made by Mr. Lohmeier, seconded by Mr. Schaefer and unanimously approved. There is a provision in the original ordinance regarding tuition reimbursement for a multi-year degree program, which the employee and Village may enter into a
contract to lay out the parameters of payment, schedule, commitment etc. Mr. Burke will meet with Chief Hauck and employee to work on a contract. Mr. Schaefer made a motion to table Ord. #13-07, seconded by Mr. Lohmeier and unanimously agreed on roll call.
The Mayor presented ORD. #13-08 ORDINANCE AUTHORIZING THE PURCHASE OF TWO 2013 FORD POLICE UTILITY INTERCEPTORS AND DECLARING AN EMERGENCY. A motion to read ORD. #13-08 by title only was made by Mr. Lohmeier, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to suspend the second and third readings of ORD. #13-08 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt ORD. #13-08 was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared ORD. #13-08 adopted as an emergency.
Other Business:
Shelter House estimate is in the packet.
A motion was made to move into Executive Session to discuss a threat of litigation was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved.
A motion to adjourn was made by Mr. Vonderhaar and seconded by Mr. Albrinck and unanimously approved on roll call. Meeting was adjourned at 8:10 pm.
_______________________
Mayor
Attest:
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Village Clerk
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