MINUTES
The Village of Evendale
Regular Council Meeting
March 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. 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. Lohmeier and unanimously approved.
Committee Reports:
Police, Fire, Recreation Council Committee:
Chris Schuermann, Executive Director of GHF, presented to committee the process for the Impact 100 grant. The Fire Department is currently going through the hiring process that will be completed shortly.
Finance, Administration, Service, Engineering and GHF Committee:
The February Income tax receipts were $849,420.04. Down about $1,000 from 2012. For February 2013, excluding Evendale Commons, the net surplus was $23,560.65. The year to date surplus is $133,933.66 The unencumbered balance for 2013 is $11,915,791.38. Discussion of the FMLA policy took place during committee meeting. GHF has a variety of events happening at the farm. KDM and Gold Medal are sponsoring the 3rd grade trips to GHF that Princeton Schools cut out of their budget.
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. There is no emergency section of this ordinance.
Discussion: There are three amendments to vote on regarding changes to the Evendale Zoning Code ordinance.
The first amendment has a list of changes provided by Kathy Farrow. Mr. Vonderhaar made the motion that the proposed Evendale Zoning Code recommended by the Planning Commission in December of 2012 be amended to incorporate the amendments depicted in the March 2013 draft distributed to Council, red for deletions or green for additions, and detailed on the Index of Proposed Amendments for the Evendale Zoning Code attached hereto, seconded by Mr. Schaefer and unanimously approved.
The second amendment issue was the discussion of the Type A daycare. Type A daycare can be deleted all together or approved with a 1000 ft separation. Ms. Claypool addressed council with her reasons why Type A daycare should be left in the zoning code. Ms. Hartman thinks the Village should not stifle a resident from operating a business. Ms. Claypool has addressed every issue and question from council and she has attended every possible meeting. She stated that if there were residents opposed to issue, then why are they not attended any of the meetings. Mr. Lohmeier thinks we should control Type A daycare in the residential areas. Mr. Schaefer moved that the proposed Evendale Zoning Code recommended by the Planning Commission in December of 2012 be amended to delete entirely from
Schedule 1246.05 Type-A Family Daycare Homes, seconded by Mr. Vonderhaar. “Yes” votes to delete from the code from Mr. Schaefer, Mr. Vonderhaar, Mr. Lohmeier. “No” votes from Mr. Albrinck, Ms. Hartman and Mr. Ranz. Mayor Apking broke the tie with a “No” vote. Motion failed.
The next motion was to provide for a 1,000 foot separation between Type A daycare. Mr. Schaefer made a motion to change the motion to only allowing “Type A daycare on main roads”. There were no seconds.
Mr. Ranz made the motion to incorporate the 1000 foot separation requirements, seconded by Ms. Hartman and unanimously approved.
The next discussion was the amendment to include senior housing in the Evendale Zoning Code. Mr. Vonderhaar made the motion to table or send it back it back to Planning Commission. The working group decided to send it on to Planning Commission. Mr. Ranz asked if there was a recommendation from Planning Commission or CIC. Mr. Ranz does not feel that how this amendment is currently written that it would attract or allow for senior housing to come in to Evendale. Ms. Hartman and Mr. Albrinck are in favor of the right model of senior housing to come to located in Evendale. Mr. Schaefer made the motion to adopt the amendment to add a Section 1254.10 to provide for senior housing. There was no second. Mr. Vonderhaar made the motion to send this back to
Planning Commission, seconded by Mr. Schaefer to come up with guidelines for senior housing and unanimously approved.
A motion to adopt the ORD. #12-64, as amended was made by Mr. Ranz, seconded by Ms. Hartman and unanimously approved.
The Mayor presented ORD. 12-63 AN ORDINANCE ADOPTING THE “EVENDALE DESIGN GUIDELINES”, AND DECLARING AN EMERGENCY. This is the third reading. There is no emergency section of this ordinance. A motion to adopt ORD. 12-63 was made by Mr. Schaefer, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared ORD. 12-63 adopted.
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. Discussion: TLC would like to close at the end of April and then lease it back from the Village of Evendale for 3-4 months. Mr. Lohmeier wanted to know if the lease agreement was worked out. Mayor Apking stated council said to lease it back to TLC for $2500/month. Mr. Albrinck stated to possibly close at the end of August so the Village would not have to create a lease. Ms. Hartman stated that this purchase was discussed in Executive Session and council gave Mr. Cameron and the Mayor to go ahead and negotiate. Mr. Burke stated that the Mayor has the ability to negotiate a lease.
Mr. Lohmeier does not want to lease the property back to TLC and then make improvements on the property during the leasing period. A motion to delete a portion of the second WHEREAS “which is below the Hamilton County Auditor’s valuation on the property” was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved. A motion to suspend the third reading of ORD. #13-04 was made by Mr. Lohmeier, seconded by Mr. Schaefer and approved on roll call with a no vote from Mr. Ranz. A motion to agree to the emergency section is made by Mr. Lohmeier, seconded by Ms. Hartman and approved on roll call with a “No” vote from Mr. Ranz. A motion to adopt ORD. #13-04 was made by Ms. Hartman, seconded by Mr. Vonderhaar and approved on roll call with a “No” vote from Mr. Ranz. Mayor Apking declared ORD. #13-04 adopted as an emergency.
The Mayor presented ORD. #13-05- Second Reading ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AND CARRY OUT A CONTRACT TO PURCHASE PROPERTY AT 9746 READING ROAD AND DECLARING AN EMERGENCY. A motion to amend the ordinance to reflect the proposed purchase price of $125,000 in the second WHEREAS and Section #2 was by Mr. Albrinck, seconded by Mr. Schaefer and unanimously approved.
A motion to suspend the third reading of ORD. #13-05 was made by Mr. Schaefer, seconded by Mr. Lohmeier, and approved on roll call with a with a “No” vote from Mr. Ranz. A motion to agree to the emergency section is made by Mr. Vonderhaar, seconded by Mr. Lohmeier and approved on roll call with a with a “No” vote from Mr. Ranz. A motion to adopt ORD. #13-05 was made by Mr. Schaefer, seconded by Mr. Lohmeier and approved on roll call with a with a “No” vote from Mr. Ranz.. Mayor Apking declared ORD. #13-05 adopted as an emergency.
A motion to table ORD. #13-06 was made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously approved.
The Mayor presented RES. # 13-03 A RESOLUTION CONSENTING TO THE EXECUTION OF AN AMENDMENT TO THE ENTERPISE ZONE AGREEMENTS EXECUTED BETWEEN THE HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS, SAEC/KINETIC VISION, INC. AND DYNAMIC SIGHT PROPERTIES, LTD. AND DECLARING AN EMERGENCY. A motion to amend the typo in Res. #13-03 to was made by Ms. Hartman, seconded by Mr. Lohmeier and unanimously approved.
A motion to read RES. # 13-03 by title only was made by Mr. Lohmeier, seconded by Ms. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of RES. # 13-03 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. Lohmeier and unanimously approved on roll call. A motion to adopt RES. # 13-03 was made by Mr. Lohmeier, seconded by Ms. Hartman and unanimously approved on roll call. Mayor Apking declared RES. # 13-03 adopted as an emergency.
The Mayor presented ORD. #13- 09 APPROVING AN ADDITIONAL APPROPRIATION IN THE EVENDALE COMMONS TIF FUND TO PAY AUGUST 2012 TAX DUE AND DECLARING AN EMERGENCY. Discussion: This is related to the TIF district related to Evendale Commons. This is negotiated with the schools. It is appropriated out of the TIF fund and required. Evendale owed this money to Princeton Schools. The correct amount will be in the 2014 budget for next year. A motion to read ORD. #13- 09 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. #13- 09 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to agree to
the emergency section is made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. A motion to adopt ORD. #13- 09 was made by Ms. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared ORD. #13- 09 adopted as an emergency.
The Mayor presented RES. #13-04 A RESOLUTION SUPPORTING THE APPLICATION BY THE GORMAN HERITAGE FARM FOUNDATION FOR AN IMPACT 100 GRANT. A motion to read RES. #13-04 by title only was made by Mr. Vonderhaar, seconded by Ms. Hartman and unanimously approved on roll call. Only one reading of this resolution is needed. Mayor Apking declared RES. #13-04 adopted.
The Mayor presented ORD. #13-10 ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AND CARRY OUT CAPITAL ASSET PURCHASES AS DESCRIBED IN THE ATTACHMENT TO THE 2013 BUDGET APPROVED IN ORDINANCE 12-59 AND DECLARING AN EMERGENCY. A motion to read ORD. #13-10 by title only was made by Ms. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of ORD. #13-10 was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Lohmeier, seconded by Ms. Hartman and unanimously approved on roll call. A motion to adopt ORD. #13-10 was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking
declared ORD. #13-10 adopted as an emergency.
The Mayor presented ORD. #13-11 ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ON BEHALF OF THE VILLAGE OF EVENDALE WITH DAVID STARK REGARDING TUITION REIMBURSEMENT AND DECLARING AN EMERGENCY. A motion to read ORD. #13-11 by title only was made by Mr. Albrinck, seconded by Ms. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of ORD. #13-11 was made by Ms. Hartman, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt ORD. #13-11 was made by Mr. Schaefer, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared ORD.
#13-11 adopted as an emergency.
The Mayor presented ORD. #13-12 ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ON BEHALF OF THE VILLAGE OF EVENDALE WITH CHARLES W. RIELAGE REGARDING TUITION REIMBURSEMENT AND DECLARING AN EMERGENCY.
A motion to read ORD. #13-12 by title only was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of ORD. #13-12 was made by Mr. Vonderhaar, seconded by Ms. Hartman 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. #13-12was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. Mayor Apking declared ORD. #13-12adopted as an emergency.
The Mayor presented ORD. #13-07 APPROVING ADDITIONAL APPROPRIATIONS IN THE GENERAL FUND FOR TUITION REIMBURSEMENT AND DECLARING AN EMERGENCY. A motion to read ORD. #13-07 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. #13-07 was made by Ms. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt ORD. #13-07 was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared ORD. #13-07 adopted as an emergency.
The Mayor presented ORD. #13-13 ORDINANCE ESTALISHING THE POSITIONS OF BUILDING DEPARTMENT CLERK, PAM MORIN AND RECREATION SPECIALIST 2, NANCY HAGNER AS FULL-TIME AND DECLARING AN EMERGENCY. A motion to read ORD. #13-13 by title only was made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of ORD. #13-13 was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to agree to the emergency section is made by Ms. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt ORD. #13-13 was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared ORD. #13-13 adopted as an
emergency.
The Mayor presented ORD. #13-14 APPROVING AN ADDITIONAL APPROPRIATION IN THE GENERAL FUND TO COVER ADDITIONAL SALARY AND BENEFITS FOR TWO EMPLOYEES MOVING FROM PART TIME TO FULL TIME AND DECLARING AN EMERGENCY. A motion to amend ORD #13-14 was to add $30,000 from contingency fund to capital fund and the title of ORD #13-14 was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved.
A motion to read ORD. #13-14, as amended, by title only was made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of ORD. #13-14, as amended, was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt ORD. #13-14, as amended, was made by Ms. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared ORD. #13-14, as amended, adopted as an emergency.
The Mayor presented ORD. #13-15 ORDINANCE AMENDING SECTION 258.076, TUITION REFUND, AND DECLARING AN EMERGENCY . Mr. Albrinck stated that this ordinance was not discussed in it’s entirety at his committee meeting and not ready to approve the proposed ordinance. Each committee needs to discuss it in more detail. A motion to read ORD. #13-15 by title only was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call.
Other Business:
The annual town meeting will be on November 10th, 2013. Mr. Vonderhaar will chair the event.
Executive Session was not needed.
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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