MINUTES
The Village of Evendale
Regular Council Meeting
March 11th, 2014
The Village of Evendale Regular Council Meeting was called to order by Mayor Don Apking at 7:00pm.
A public hearing was held Public Hearing on the Board of Zoning’s decision denying a variance request for the required ten foot side yard setback as set forth in Schedule 2146.07 of the Village of Evendale Zoning Code in the “R” Residential District for 9693 Otterbein Rd. A motion to close the public hearing was made by Don Apking, seconded by Mr. Albrinck and unanimously approved.
Roll call- The following council members were present: Mayor Don Apking, Mr. Bill Puthoff, Mr. John Ranz, Jr., Mr. Jeff Albrinck, Mr. Richard Finan, Ms. Catherine Hartman and Mr. Chris Schaefer. Also present: Police Chief Niel Korte; Fire Chief, Mike Hauck; Village Solicitor, Tim Burke, Assistant to the Mayor, Jack Cameron, and CFO Cynthia Caracci.
Mayor Apking presented the consent calendar. The motion to accept the consent calendar was made by Mr. Finan, seconded by Mr. Albrinck and unanimously approved.
Committee Reports:
Police, Fire, Recreation Council Committee: The ambulance is set to be ordered for fire department. A grant for $42,000 was received from the Bureau of Workers Compensation. The police department apprehended the 3rd suspect of the aggravated robbery in North Carolina.
Finance, Administration, Service, Engineering and GHF Committee:
Mr. Schaefer reported the income tax revenue was for February was $953,107.44. For 2014, the income tax is at $2,046,997.87. This is $139,826.53 higher than last year at the end of February. February also ended with a surplus of $142,451.91 excluding the Evendale Commons TIF. Because many capital items are purchase in the first months of the budget, the net loss for 2014 is $ 237,314.16. The service department addressed the leaf bag issue. The information provided is that the equipment needed would cost between $28,900.00 and $34,595.00. The manpower cost would be $43,000. The current Leaf bag system cost $16,020 annually. Because of the loss of manpower because it take 3 full time people to run the leaf vacuum operation and the potential for leaves could sit in gutter too long the
committee recommends to keep using the leaf bags instead of vacuum.
The committee did not like the mock up the new VOE sign.. The location seems to reach the general public and graphics are not allowed in the zoning code. Mr. Puthoff thinks the location is good because it is a high traffic area. Mr. Albrinck believes that many residents do not come into the complex. The other committee likes the sign but just a bit smaller. Mr. Schaefer thinks most people avoid the Reading Rd intersection. Mr. Ranz wants the new signs to replace the old signs with a reader board. The departments can manage what will goes on the sign and the sign cannot be graphic. Mr. Finan would like the sign cut down to legal size and discussed at the next meeting.
Presentation of Ordinances and Resolutions:
The Mayor presented ORD. #14-19
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AND CARRY OUT AN ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE VILLAGE OF EVENDALE AND BMOUR, LTD. AND DECLARING AN EMERGENCY. A motion to read ORD #14-19 by title only was made by Ms. Hartman, seconded by Mr. Finan and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #14-19 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. Finan, seconded by Mr. Puthoff, and unanimously approved on roll call. A motion to adopt ORD #14-19 was made by Mr. Albrinck, seconded by Mr. Schaefer and unanimously approved on
roll call. Mayor Apking declared #14-19 adopted as an emergency.
Mr Cameron addressed council regarding this ordinance. The old Glendale Milford Rd. is located to the south of building. ODOT still had the “right of way” and it had to be released. The ordinance is for the mayor to sign a contract with Brendamour to give him the ability to use this property for parking. The right of way has been transferred from the State of Ohio to Evendale. The VOE will have the title for this right of way. Doug Brendamour addressed council. GE is redesigning their work space so more people will be working in the building. Additional employees means additional parking. Mr. Finan complemented Ms. Hartman on working through the water retention issue.
Mayor Apking presented ORD. # 14-03 Third Reading
ORDINANCE AMENDING CHAPTER 745 OF THE CODIFIED ORDINANCS OF THE VILLAGE OF EVENDALE TO INCLUDE THE REGULATION OF DEAD AND DANGEROUS TREES. This is the 3rd reading. Mr. Finan made the motion to adopt this ordinances, seconded by Mr. Puthoff and unanimously approved. Mayor Apking declared #14-03 adopted.
Mayor Apking presented ORD. #14-04 Third Reading
ORDINANCE AMENDING SECTION 258.076. This is the 3rd reading. Mr. Schaefer made the motion to adopt this ordinances, seconded by Ms. Hartman and unanimously approved. Mayor Apking declared #14-04 adopted.
Mayor Apking presented ORD. #14-06 Second Reading
ORDINANCE AUTHORIZING THE MAYOR TO TAKE STEPS NECESSARY TO CONVEY TWO SMALL PORTIONS OF VACANT LAND TO THE STATE OF OHIO FOR I-75 RELATED IMPROVEMENTS. This is the 2nd reading.
Mayor Apking presented ORD. #14-10 Second Reading
AN ORDINANCE ADOPTING EVENDALE CODIFIED ORDINANCES PART 8, TITLE TWO, CHAPTER 885, SHORT TERM RESIDENTIAL RENTALS. This is the 2nd reading. Mr. Ranz would like to have a public hearing. It is not required but it would give the residents to respond to this ordinance.
Mayor Apking presented ORD. #14-12 Second Reading
ORDINANCE AUTHORIZING THE TRADE IN THE POLICE DEPARTMENTS CURRENT ATV AS A PARTIAL PAYMENT ON A NEW ATV AND DECLARING AN EMERGENCY. A motion to suspend the second and third readings of ORD #14-12 was made by Mr. Puthoff, seconded by Ms. Hartman and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Finan, seconded by Mr. Albrinck, and unanimously approved on roll call. A motion to adopt ORD #14-12 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared #14-12 adopted as an emergency.
The Mayor presented ORD. #14-13
APPROVING A TRANSFER IN THE GENERAL FUND FOR ADDITONAL FUNDS TO COVER THE COST OF REPLACING THE FINANCIAL SYSTEM SERVER AND DECLARING AN EMERGENCY. A motion to read ORD #14-13 by title only was made by Ms. Hartman, seconded by Mr. Finan and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #14-13 was made by Mr. Schaefer, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Finan, seconded by Mr. Puthoff, and unanimously approved on roll call. A motion to adopt ORD #14-13 was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. Mayor Apking declared #14-13 adopted
as an emergency.
The Mayor presented ORD. #14-14
APPROVING AN APPROPRIATION IN THE GENERAL FUND TO THE FIRE DEPARTMENT FOR EQUIPMENT FUNDED BY A GRANT AND DECLARING AN EMERGENCY. This is to advance the money and get the money after the purchase. It is a powered cot for the ambulance for the Bureau of Workers Compensation.
A motion to read ORD #14-14 by title only was made by Mr. Albrinck, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #14-14 was made by Mr. Finan, 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. Schaefer, and unanimously approved on roll call. A motion to adopt ORD #14-14 was made by Mr. Finan, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared #14-14 adopted as an emergency.
The Mayor presented ORD. #14-15
AN ORDINANCE APPROPRIATING $1,000 FROM THE LAW ENFORCEMENT TRUST FUND FOR THE PURCHASE OF ACTIVE SHOOTER GO BAGS AND DECLARING AN EMERGENCY. A Go Bag is for the individual officer engagement process. A motion to read ORD #14-15 by title only was made by Mr. Schaefer, seconded by Mr. Finan and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #14-15 was made by Ms. Hartman, seconded by Mr. Finan and unanimously approved on roll
call. A motion to agree to the emergency section is made by Mr. Finan, seconded by Ms. Hartman, and unanimously approved on roll call. A motion to adopt ORD #14-15 was made by Mr. Schaefer, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared #14-15 adopted as an emergency.
Mayor Apking presented ORD. #14-16
AN ORDINANCE REPEALING SECTIONS OF THE EVENDALE ZONING CODE TYPE-A FAMILY DAY CARE HOME USES. Mr. Puthoff said the Planning Commission made the recommendation not repeal this ordinance. Mr. Schaefer does not feel the planning commission responded in the proper time. Mr. Patterson said this was referred back to planning commission in November. This was after the November elections. Two new council members were placed on the commission and this was table for one month so the new members were able to catch up. The planning commission does not meet in December but asked this
question if they had a legal obligation to respond issue. They responded to the first scheduled meeting after the new members were caught up. The planning commission had the village’s best interest at heart, honor the political process and going on the best advice of the village. The planning commission recommends not changing the zoning code. Mr. Burke said the charter suggests a stated amount of time but it does not match the time needed to have a public hearing. Mr. Ranz stated this was done by resolution and did not state the time requirements. One argument did is that the time constraints are not on the commission because it was a resolution not an ordinance.
Mayor Apking presented Ord. #14-17 A and #14-17B. Mr. Melampy addressed council. This is to have a carport on the side of the house to cover his truck. Mr. Melampy had handed out photos to council. The carport will be 8’ off the ground and 4 inches thick, white aluminum to match the trim of the house. The post will be 6’ from the property line. Mr. Finan appreciated Mr. Melampy problem but feels the council is setting a precedent if this approved. Mr. Hartman feels there are rules and regulations that are followed and if there are too many request then should be looked at being changed. Mr. Albrinck said the 10’ set back was arbitrary decided years ago. If the neighbors agree then it should be approved.
Mayor Apking presented ORD. #14-17A
AN ORDINANCE GRANTING AN APPEAL FROM THE ZONING BOARD OF APPEALS AND THEREBY GRANTING A VARIANCE OF THE TEN FOOT, FIVE YARD SETBACK ON PROPERTY LOCATED AT 9693 OTTERBEIN ROAD. A motion to read ORD #14-17A by title only was made by Mr. Schaefer, seconded by Mr. Albrinck and approved on roll call with Yes votes from Mr. Puthoff, Mr. Schaefer, Mr. Albrinck, Ms. Hartman, Mr. Ranz and a No vote from Mr. Finan. A motion to suspend the second and third readings of ORD #14-17A was made by Mr.
Albrinck, seconded by Mr. Ranz and approved on roll call with “Yes” votes from Mr. Puthoff, Mr. Schaefer, Mr. Albrinck, Ms. Hartman, Mr. Ranz and a “No” vote from Mr. Finan. A motion to adopt ORD #14-17A was made by Mr. Schaefer, seconded by Mr. Albrinck and not approved on roll call. “Yes” votes from Mr. Albrinck, Mr. Schaefer, Mr. Puthoff and Mr. Ranz. No votes from Mr. Finan, Ms. Hartman. Section 1284.06 (d), Appeals to Council, states that 5 “yes” votes are needed to reverse the decision of the Board.
A motion to table ORD. #14-17B AN ORDINANCE DENYING AN APPEAL FROM THE ZONING BOARD OF APPEALS AND THEREBY GRANTING A VARIANCE OF THE TEN FOOT, FIVE YARD SETBACK ON PROPERTY LOCATED AT 9693 OTTERBEIN ROAD was made by Ms. Hartman, seconded by Mr. Finan and unanimously approved.
Mayor Apking presented ORD. #14-18 ORDINANCE REPEALING PORTIONS OF THE VILLAGE OF EVENDALE CODE OF ORDINANCES WHICH ARE NO LONGER NECESSARY. Mr. Ranz asked what is being repealed. Mr. Puthoff would like to copies of what is being repealed.
Mayor Apking presented RES. #14-01 A RESOLUTION FOR THE PURPOSE OF THE CITY OF SHARONVILLE AND THE VILLAGE OF EVENDALE COOPERATING TO FACILITATE THE CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS FOR THE PROJECT KNOWN AS “THE WYSCARVER IMPROVEMENTS PROJECT” IN THE CITY OF SHARONVILLE, OHIO AND IN THE VILLAGE OF EVENDALE, OHIO. A motion to read RES. #14-01 by title only was made by Ms. Hartman, seconded by Mr. Finan and unanimously approved on roll call. A motion to adopt RES. #14-01 was made by Mr. Finan, seconded by Mr. Schaefer and unanimously approved on roll call. Mayor Apking declared RES. #14-01adopted as an emergency.
A motion to go into executive session to discuss pending litigation, Rural Building v. Evendale and Rural Building v. Cameron and Mercer and imminent litigation involving 10599 Reading Rd. was my by Mr. Albrinck, seconded by Mr. Finan and unanimously approved.
A motion to adjourn was made by Mr. Albrinck, seconded by Mr. Finan and unanimously approved.
Meeting was adjourned at 8:15 pm.
_______________________
Mayor
Attest:
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Village Clerk
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