Norwood City Council

Council Chambers

August 9, 2005

 

 

 

 

A)   CALL TO ORDER

The Council for the City of Norwood met in regular session on the above date with President Jane M. Grote presiding.  The meeting opened with a prayer and the Pledge of Allegiance.

 

B)   PRAYER

 

C)  PLEDGE OF ALLEGIANCE

 

D)  ROLL CALL

On roll call, the following members answered present:  Mr. Gabbard, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, and Mrs. Brown.

 

E)   AMENDMENT OF AGENDA:

On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to amend the agenda by adding Ordinance B), by adding Communications 4) and 5) and by adding a Request to Address Council from Chris Dobrozsi to immediately following the Approval of Minutes.

 

The Chair noted that Mr. DeLuca and Mr. Sanker are present in Council Chambers.

 

All members present voted YES.

 

F)   Approve Minutes from:  JUNE 28, 2005 and JULy 12, 2005

On a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved to approve the minutes as if read.  All members present voted YES.

 

As amended, Council heard the request to address Council regarding the Linden Point Development.

 

On a motion by Mr. DeLuca, seconded by Mr. Moore, it was moved to extend time allotted to Mr. Dobrozsi as needed.  All members present voted YES.

 

Mr. Dobrozsi addressed Council on the request for a preliminary PUD overlay on the Globe Wernicke/Linden Point development that is on the agenda for next Council Meeting.  Mr. Dobrozsi discussed the details of the development in three main areas: property/land acquisition, environmental cleanup, and the details of the development itself.

 

Regarding land acquisition, the planned development will consume nearly 23 acres the majority has been acquired and three parcels are currently under contract.  Environmental cleanup will begin shortly and will consist of bio-remediation on one acre of land contaminated with soil and the digging and removal of lead contaminated soil.

 

Early stages of the Phase I development work can begin as this environmental cleanup nears completion.  Mr. Dobrozsi then discussed the model on display in Council Chambers and described the phases of the development.  Phase I is a mix of office space and 1st floor retail aimed to give the feel of much more than a 9 to 5 development.  Phase I will also include plenty of greenspace, a walking trail, and two restaurant pads.  These elements are designed to bring in the community after office hours; the vision for the development is 16 hours of use by both tenants and neighbors.  Included in Phase I is a replica construction of the flatiron building that will be constructed with the bricks from the existing building.  A monument will be designed with involvement of Council and the Norwood Historical Society; this will be constructed on the actual site of the first Norwood Business. 

 

Phase II will be market driven and built as tenants are signed.  Phase II includes an additional 450,000 sq. ft. of high density office space and parking facilities.

 

When opened for questions Mr. Fulmer asked if the elimination of the West Bound Norwood Lateral was part of Phase I.  Mr. Dobrozsi confirmed that is the case and in addition to the buildings in Phase I the roadwork, all environmental cleanup, and memorial to the first Norwood Business will be completed under the Phase I development.

 

Mr. DeLuca mentioned a possible delay in the roadwork based on the work Cinergy must do and asked if this would delay the project.  Mr. Dobrozsi said that a 2-3 month delay in the roadwork would not significantly delay the Linden Point development but any further delay would impact the timing of construction.  It is certainly in everyone’s best interest to move this along but a new development without access roads is not desirable for anyone in this matter. 

 

Mr. Fulmer asked about the construction material to be used on these buildings.  Mr. Dobrozsi answered that the office buildings will have full floor to ceiling glass and a stone finish on the first floor.

 

Mr. Mumper asked if Phase I will include a landscape screener along Ross Avenue.  Mr. Dobrozsi responded that there are two rows of landscaping buffer to be included on Ross Avenue.  The first row will be planted in the October timeframe.

 

Mr. Gabbard asked Mr. Dobrozsi for an estimated completion date to which he responded one full year after construction begins which could start as early as January 2006.

 

Mr. Moore asked if the developer would be seeking a TIF for Phase I.  Mr. Dobrozsi responded that it is being evaluated as they negotiate the redevelopment agreement but he is not sure at this point.

 

Mrs. Brown, Mr. Mumper, and Mr. Fulmer all expressed concern regarding the height of the buildings along Ross Ave.  Mr. Dobrozsi responded to these concerns citing nearly 30 ft. of buffer from Ross Avenue and mentioned that these buildings are meant to anchor along that side of the development but still are not much higher than the old 2 story Newman building due to the planned grading of the site.

 

Mrs. Brown asked about the proposed lane changes and associated traffic studies.  Mr. Dobrozsi responded that based on previous traffic studies there does not appear to be an issue with traffic going towards or from the stadium due to the easy access to the Interstates.  Planning for a more current traffic study is in progress.

 

Ms. Grote reminded residents that the Planning Commission approved the preliminary PUD and there is a Public Hearing scheduled for the August 23rd Council meeting.

 

G)  Requests to address council on agenda items

 

H)  Reports of Standing committees of council

1.      Community Development and Small Business RE: Design Review (Rookwood Commons/Victoria Secret).

 

On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to accept the report.  All members present voted YES.

 

The Chair noted that Mrs. Brown has left Council Chambers.

 

2.      Finance and Claims RE: Claim of Sarah E. Lang.

 

On a motion by Mr. Fulmer, seconded by Mr. Geers, it was moved to accept the report.  All members present voted YES.

 

3.      Finance and Claims RE: Claim of Tim Davis.

 

The Chair noted that Mrs. Brown has returned to Council Chambers.

 

On a motion by Mr. Mumper, seconded by Mr. Fulmer, it was moved to accept the report.  All members present voted YES.

 

I)      Introductory reading of ORDINANCES

A)    ORDINANCE PROMOTING THE “CITY WIDE STREET SALE” AND ABATEMENT OF ALL PERMIT FEES ASSOCIATED WITH THE SALE.

 

On a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved to suspend the rules by hearing the first reading in its entirety and the second and third reading by caption only.  All members present voted YES.

 

On a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved to amend Section 1 by changing the date from Sept. 3rd and 4th to Sept. 2nd and 3rd.  All members present voted YES.

 

On a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved to  suspend the rules and hear all three readings of the amended Ordinance.  All members present voted YES.

 

Mr. DeLuca announced that permits are available in the Treasurer’s Office as well as the Clerk of Council’s Office.

 

On a motion by Mr. Mumper, seconded by Mr. Tracey, it was moved to pass the amended Ordinance.  All members present voted YES.

 

B)     ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE PURCHASE OF 2,000 TONS, MORE OR LESS, OF SALT AT BULK RATE.

 

On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved to suspend the rules and hear all three readings of the Ordinance.  All members present voted YES.

 

On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to pass the Ordinance.  All members present voted YES.

 

J)    INTRODUCTORY READING OF RESOLUTIONS

 

K)  ADMINISTRATION REPORTS

Mayor Williams was present and mentioned that the City of Norwood flags are flying at half staff honoring and remembering the fifteen Ohio service men killed recently in Iraq, six of which were raised locally.

 

Mayor Williams mentioned that on August 4th the region conducted a regional emergency response drill.  The Health Commissioner threw out several different problem scenarios to the Fire Department, Police Department and others throughout the day.  While listening over the communications system there were several comments from those in the region which included Ohio, Kentucky and Indiana on the professionalism of the entire team and particularly Mrs. Donna Laake.

 

Mayor Williams then commented on the recent reports of sexual predators living near schools and announced that the City of Norwood has filed suit against three sexual predators in such a violation.  This procedure has been worked very closely with the Law Department and Mayor Williams asked that the Law Director, Mr. Gibson, come to the podium to address Council. 

 

Mr. Gibson described that the first three suits were filed against those that are living less than one thousand feet from schools.  The City identified those in violation, contacted citizens, sent certified letters, and many moved voluntarily.  The three that were filed were against residents that refused to move.  One alarming discovery was that they all knew the law but no one said anything so they stayed.  Mr. Gibson cautioned that while many criminals can be rehabilitated, sex offenders are different.  Kids should not have to walk to school past these sex offenders.

 

When opened for questions, Mrs. Brown asked if any other action could be taken against these three that knowingly continue to violate the terms or if this is just to compel them to move.  Mr. Gibson responded that this is the only retribution permitted at this point.

 

Mr. Sanker asked Mr. Gibson if the Sex Offenders List could be found from http://www.hcso.org/ which is the Hamilton County Sheriff’s Office.  Mr. Gibson confirmed.

 

Mr. Gabbard asked if there is a penalty for those in violation.  Mr. Gibson reiterated that this is a Civil Suit and that if nothing else the loser in this case pays the court costs.  The law is clear but he wishes it went further to include a criminal penalty for those that are in clear violation and included other areas.

 

Mr. Mumper asked if it would help to pass a Resolution and forward on to the State requesting that a penalty clause be attached to this resolution.  Mr. Fulmer asked that areas such as parks, recreations facilities and malls be included in the list of areas these predators cannot reside near.  Mr. Gibson responded that it sure wouldn’t hurt.

 

Mr. Gabbard mentioned that he appreciates the Administration’s aggressiveness in this matter and asked if we were the first City to take this aggressive stance.  Mr. Gibson answered that we may be the first in the area but many more will follow.  The Hamilton County Prosecutor also has the right to take this action and Mr. Deters has offered the services of his office as help to any City within the County that would like to take similar action.

 

When opened up for questions to the Mayor, Mr. Sanker mentioned that XU students will be soon moving in to rental housing and asked if any new arrangements have been made to address any long term issues with these properties.  Mayor Williams answered that the City and Xavier Administration have been in continual contact with Mr. John Kucia and the Building Department continues to be aggressive in checking and setting the tone.

 

Mr. Sanker asked about the planned start date on the Sherman Avenue project.  Mayor Williams responded that the project should start early next month.

 

L)   REQUEST TO ADDRESS COUNCIL RE: NON-AGENDA ITEMS:  

 

M)UNFINISHED BUSINESS  

 

Mr. Moore mentioned that he met with the State Auditor regarding assistance on our list of items to consider and they mentioned trouble getting in touch with our Auditor’s Office.  Hopefully this work can begin in earnest now that Deputy Auditor Kennedy is back in the office.

 

Mr. Mumper added that the reason that the Committee of the Whole meeting was cancelled was that there was no new information from the State Auditor.  He also hopes that there is some real progress by the next Committee of the Whole meeting.

 

Mrs. Brown mentioned that Mr. Gibson appeared on the last taping of her show “Perspectives” and there was talk of the sexual predator issues.

 

Mr. Moore reminded residents that the Public Hearing for the preliminary PUD on Linden Point, as well as the American Laundry PUD are on the next agenda.

 

Mr. Mumper asked residents of Ward 4 to attend the August 23rd meeting for the Public Hearing since the American Laundry’s Final PUD will significantly affect the Ward 4 area.

 

Mr. Mumper also asked that the Clerk’s Office send a letter to the Law Department regarding sexual offenders and the possibility of a Resolution requesting more teeth to the law, a penalty, and the possible inclusion of parks, recreation areas, malls etc.

 

Mrs. Brown asked that a letter be sent to the Community Development Director for an update on the Commercial Reinvestment Area as some businesses are looking for assistance.

 

N)  NEW BUSINESS

 

Mr. DeLuca asked that a letter be sent to Public Works Superintendent asking the department to cut back the grass and brush along Highland Avenue and to check out the potholes near Linden, Kenilworth, and Robertson.

 

Mr. DeLuca asked that a letter be sent to the Police Chief asking that the Speedwagon be placed on Montgomery Rd. and Sherman Ave.

 

Mr. Sanker mentioned several complaints that he had received regarding the bus stops along Montgomery Rd, the litter near these bus stops, and the problems surrounding these areas.  Mr. Sanker will submit a request to the Director of Public Safety-Service requesting that these problem bus stops be removed or eliminated.  This causes a problem when the bus stops are the reason that property owners cannot secure tenants.

 

Mr. Sanker mentioned that new estimated resources have been sent to the County.  This estimate will be adjusted as keys are depleted.  Earnings taxes are up slightly this year and we hope to be continually blessed by good solid business brought in by the Community Development Committee, Mr. Dettmer, and the Administration.

 

Mr. DeLuca mentioned that the grass at Rookwood Exchange needs to be cut back and he has placed a call to the developer (Anderson).

 

O)  COMMUNICATIONS: 

1.      Letter from Donna M. Laake, Health Commissioner RE: Residential Recycling.

 

On a motion by Mr. Mumper, seconded by Mr. Fulmer, it was moved that the letter be received and filed.  All members present voted YES.

 

1.      Letter from Director Public Safety-Service Joseph C. Geers RE: State of Ohio Disposal Fee.

 

Mr. Moore asked if the Director of Public Safety-Service has an estimate on what this will cost the City and residents.  The Director of Public Safety Service responded that this tax from the State amounts to about $18,000 per year or $.17 per month per resident.

 

Mr. Sanker asked Mr. Geers to confirm that this fee is from the State and not from Rumpke.  Mr. Geers confirmed and mentioned that this is to help pay for funding of Ohio E.P.A regulations that apply to Ohio landfills.

 

On a motion by Mr. Tracey, seconded by Mr. Fulmer, it was moved that the letter be received and filed.  All members present voted YES.

 

2.      Letter from Mayor Thomas F. Williams RE: Mayor’s Court Fines.

 

Mr. Mumper mentioned that the total receipts were on the order of $27,000.

 

On a motion by Mr. Moore, seconded by Mr. DeLuca, it was moved that the letter be received and filed.  All members present voted YES.

 

3.      Letter from State Auditor’s Office RE: Technical Service Available.

 

On a motion by Mr. DeLuca, seconded by Mr. Mumper, it was moved that the letter be received and filed and that the Law Department prepare the Resolution.  All members present voted YES.

 

4.      Letter from City Auditor’s Office RE: Month Ending July 31, 2005 Auditor’s Report.

 

On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved that the letter be received and filed.  All members present voted YES.

 

P)   EXCUSE ABSENT MEMBERS

All members present.

 

Q)  ADJOURNMENT

On a motion by Mr. Mumper, seconded by Mr. DeLuca, it was moved to adjourn.  All members present voted YES.

 

 

 

 

 

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                           Jane M. Grote

Clerk of Council                                             President of Council