Norwood City Council

Council Chambers

August 23, 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. Sanker, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, Mrs. Brown, and Mr. DeLuca.

 

E)   AMENDMENT OF AGENDA:

On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to amend the agenda by moving Committee Report 3) and Ordinance B) immediately following Public Hearing A), by moving Ordinance A) immediately following Public Hearing B), and Communication 3) immediately preceding Ordinance C).  All members present voted YES.

 

F)   PUblic hearing:  To consider planning commission recommendations for:

A)    Alternative preliminary and final P.U.D. plan submission for Phase II of 5050 Section Ave., the American Laundry Building.

 

Council then moved to Public Hearings with an explanation of the general format of Public Hearings provided by Ms. Grote.

 

Prior to the call for those in favor or against, the developer gave a short overview of the development.

 

Mr. Steve Arnsby, representing the Resurgence Group, RTB Properties, LLC addressed Council.  Mr. Arnsby explained that a current P.U.D. exists over this property for Landbank, Inc,; this is an alternate P.U.D. for the prospective owner and developer.  If approved this property would have two P.U.D. overlays on the property for the possible completion by either developer.  The new P.U.D. includes the demolition of the old building and constructs a new building with three floors of new office space totaling 155,000 sq. ft. This new building will be constructed in a manner that matches the existing American Laundry Building.  The new development also includes greenspace, and plans to retain the existing smokestack on the property.

 

The Public Hearing Closed with no one speaking in favor of or against this P.U.D.

 

As amended, Council then moved to the following items.

Communication 3)  Community Development and Small Business RE: American Laundry Phase II preliminary and final P.U.D.

 

Mr. DeLuca mentioned that the Condition referenced in the Communication is in Section 2 and thanked the Law Department for this revision.

 

Mr. Moore commented on the attachment and explained that while the attachment declares that this new plan is 100 parking spaces short of code, it is actually 33 spots of a total of 695 short of code after the modifications.  Additional parking spots could be added as needed with modifications to the landscaping plan.

 

Mr. DeLuca added that during the first phase, the developer was able to salvage some of the old features including large stone eagles.  The Committee has made requests to utilize old features with the new construction.  The developer is working very hard on this request as is shown by the inclusion of the old smokestack in the plans.

 

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

 

ORDINANCE B)  ORDINANCE APPROVING THE ALTERNATIVE PRELIMINARY AND FINAL PLANNED UNITY DEVELOPMENT (P.U.D.) PLANS FOR 5050 SECTION AVENUE PHASE II (THE AMERICAN LAUNDRY SITE) AND DECLARING AN EMERGENCY.

 

Mr. Moore asked Mr. Arnsby to come to the podium and describe the timeline.  Mr. Arnsby mentioned that the time period in the purchase contract is contingent upon the approval of this P.U.D.

 

Mrs. Brown mentioned the parking issue and the traffic report from 2003 that included a new entrance off Ross and asked if that was included in the new P.U.D.  Mr. Anrsby responded that that is not in the proposed P.U.D.

 

Mr. Sanker asked about the timing of demolition and construction.  Mr. Arnsby responded that the Demolition could begin as soon as early 2006 but the timeline is still being determined.

 

Mr. Fulmer commented that this is a great project for this area of Norwood and will add jobs and earnings taxes to the benefit of the entire City.

 

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

 

B)     Revised preliminary P.U.D. submission for 5025 Carthage Ave./Linden Point on the Lateral.

 

Prior to the call for those in favor or against, the developer gave a short overview of the development.

 

Mr. Chris Dobrozsi represented the development group and gave a brief overview of the Preliminary P.U.D submission.  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.  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 explained that Phase I is a mix of office space and 1st floor retail aimed to promote the development as more than a 9 to 5 development.  The vision for the development is 16 hours use by both tenants and nearby residents.  Phase I will also include nearly an acre of greenspace, a walking trail, and two restaurant pads. 

 

Additionally, Phase I includes a replica construction of the flatiron building that will be constructed with the bricks from the existing building.  A monument will be constructed on the site of the first Norwood Business with input from the Historical Society and Council.  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.  Mr. Dobrozsi also mentioned he spoke to Councilman Mumper regarding landscaping along Ross Avenue.  Mr. Mumper requested that some landscaping be installed as soon as possible to buffer Ross Avenue and residents to the North during early construction.  Mr. Dobrozsi assured Council that he is committed to that plan and the first row of buffer will be planted this October.

 

The Public Hearing opened for those speaking in favor of the Preliminary P.U.D.

 

Mr. Steve Thornbury, representing the Norwood Historical Society, spoke and acknowledged the support of the Historical Society as plans are further refined regarding the Flatiron Building and monument honoring the first Norwood Business.

 

Mr. Oliver Howard spoke and raised a concern over the plans to narrow the sidewalks along his business as part of this proposed development.

 

Mr. Shawn Teschner mentioned that he is neither for or against but wants to better understand the traffic flow moving from Carthage to Montgomery Rd. as a result of this development.

 

The Public Hearing then opened for those speaking against the Preliminary P.U.D.

 

Ms. Toni West commented that she is not necessarily against but does have significant concerns regarding the impact on Emergency Runs, residents having to look at a five story building, and the traffic that will inevitably make it to the side streets.

 

The Public Hearing then closed with no additional residents speaking in favor or against.

 

As amended Council then moved to the following item.

ORDINANCE A)  ORDINANCE APPROVING THE PRELIMINARY PLANS FOR PHASES I & II OF THE PROJECT KNOWN AS LINDEN POINT ON THE LATERAL, COVERED BY THE PLANNED UNIT DEVELOPMENT OVERLAY ZONE OVER THE VICINITY OF 5025 CARTHAGE AVENUE, AND DECLARING AN EMERGENCY.

 

Mr. Fulmer asked that Mr. Dobrozsi and Mr. Dettmer come to the podium and address questions regarding the narrowing of sidewalks, increased traffic, and the concern over the five story office building.  Mr. Dettmer responded that the roadwork is not under the jurisdiction of this developer but rather will be managed completely by ODOT.  This work includes the realignment of Westbound Norwood Lateral entrance whose Public Hearing was heard several months ago.  Sidewalks will need to be narrowed in some areas to accommodate the additional traffic from Carthage.

 

Mr. Fulmer then asked about the plans for any neon signs that will go on the buildings.  Mr. Dobrozsi responded that any interest by tenants for signage will be along the South side of the buildings along Norwood Lateral and not along the Ross Ave. residential side of the development.

 

Mrs. Brown asked about the results of the traffic study that was commissioned.  Mr. Dobrozsi responded that those results are due in mid September.  Mrs. Brown followed up with questions regarding the walkway, greenspace, and lighting on the walkway.

 

Mr. Mumper added to the traffic discussion and asked about truck traffic and what TEC Engineering’s initial plans are for this traffic.  Mr. Dobrozsi responded that it is his understanding that the turning radius at the corner of Ross and Montgomery will be modified to assist trucks making that right turn.

 

Mrs. Brown asked if there were specific plans for what was needed from the Historical Society.  Mr. Dobrozsi responded that they are open to any and all suggestions from the Historical Society and Council.  The location of the monument will be the “front door” of the development.

 

Mrs. Brown also asked if there would be any onsite emergency or safety services.  Mr. Dobrozsi responded that if surveillance or security is required it will be included.  Office space however generates fewer emergency runs than retail.  The management of the facility will be considered in the near future.

 

Mr. Moore then clarified that this current proposal is the preliminary P.U.D. as approved by the Planning Commission.  The final P.U.D. contains significantly more detail including plans for the monument, lighting, landscaping, etc. and should be submitted to the Planning Commission in the near future.  The preliminary P.U.D. is meant to confirm that the developer is on the right track and should continue work on the Final P.U.D..  Mr. Moore added that some of the concerns he heard tonight will be addressed as the Final P.U.D. nears completion.

 

Mr. DeLuca added that the preliminary P.U.D. is in the conceptual idea stage where Council can raise concerns and issues that should be addressed prior to the Final P.U.D..  Mr. DeLuca then addressed some of the concerns raised.  Sidewalks may be narrowed on the Montgomery Rd. side in order to accommodate traffic but the Carthage side will hold plenty of pedestrians and provide a nice walking area.  Regarding traffic, TEC Engineering ran the numbers showing the different scenarios and those have been submitted to ODOT.  Signage plans will certainly be included in the final submission. Mr. DeLuca also mentioned that the materials that are being considered for the outer façade of these buildings will be first class and one of a kind in the Cincinnati area. 

 

Mr. Fulmer added that this property has sat vacant for 17 years after General Motors moved, then there were the EPA concerns followed by the prospect of the Heart Hospital and a Kroger store.  This proposal is the best use we have seen and combines the highest earnings tax revenue with the fewest problems to the community.

 

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

 

At this point, Council took a 5 minute recess.

 

Council returned from recess and resumed the Agenda, as amended.

 

G)  Requests to address council on agenda items

 

H)  Reports of Standing committees of council

1.      Community Development and Small Business RE: Ordinance amending and updating Chapter 163.

 

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

 

2.      Community Development and Small Business RE: Rookwood Commons design Review (Victoria Secret).

 

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

 

3.      Community Development and Small Business RE: American Laundry Phase II preliminary and final P.U.D.

 

As amended, Council considered this item previously.

 

4.      Community Development and Small Business RE: Cornerstone at Norwood landscape design review.

 

Mrs. Brown asked Mr. DeLuca if the most recent landscape design has been shared.

 

Mr. DeLuca responded that Council should have the most recent design as was submitted and approved several months ago.  Now that Tower I and the Water Feature are nearing completion, the Community Development Committee has until October 1st to provide any suggestions for changes to the landscape design.

 

Mr. Mumper asked if those suggestions can be for landscaping along the I-71 side as well.  Mr. DeLuca confirmed.

 

Mr. Moore added that the original P.U.D. called for big evergreens that wouldn’t have survived according the arborist on the project.  A compromise was the ivy baskets which will not have lived throughout the winter.  Any suggestions on ways to get more green into the landscape design would be appreciated.

 

Mr. DeLuca commented that these suggestions will be accepted by the developer until October 1st ; the Committee would like to have these in prior to the Sept 13th Council Meeting for review and submission to the developer.

 

On a motion by Mr. Moore, seconded by Mr. Geers, it was moved to accept the report and to forward the letter on to the Tree Board.  All members present voted YES.

 

I)      Introductory reading of ORDINANCES

A)    ORDINANCE APPROVING THE PRELIMINARY PLANS FOR PHASES I & II OF THE PROJECT KNOWN AS LINDEN POINT ON THE LATERAL, COVERED BY THE PLANNED UNIT DEVELOPMENT OVERLAY ZONE OVER THE VICINITY OF 5025 CARTHAGE AVENUE, AND DECLARING AN EMERGENCY.

 

As amended, Council considered this item previously.

 

B)     ORDINANCE APPROVING THE ALTERNATIVE PRELIMINARY AND FINAL PLANNED UNITY DEVELOPMENT (P.U.D.) PLANS FOR 5050 SECTION AVENUE PHASE II (THE AMERICAN LAUNDRY SITE) AND DECLARING AN EMERGENCY.

 

As amended, Council considered this item previously.

 

As amended, Council then considered Communication 3).

Communication 3)  Letter from Ted Kiser, Assistant Law Director RE: Ordinance and Resolution consideration:

1.      Adult Family and Group Homes

2.      Fee for Vehicle Accident Response

3.      Chapter 163

 

Mr. Moore mentioned that the Group Home discussion mentioned in the letter will be an agenda item for the Law and Ordinance Committee next Monday, August 29th at 4pm.

 

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.

 

C)    ORDINANCE AMENDING AND UPDATING CHAPTER 163 OF THE CODIFIED ORDINANCES OF THE CITY OF NORWOOD DEALING WITH URBAN RENEWAL.

 

Mr. Moore commented that he feels the first reading is appropriate.  Even though there has been ample time for discussion on this matter, there is still a lot of interest and there have been some significant changes based on the input from citizens.  It doesn’t hurt to wait an additional two weeks to pass this Ordinance.

 

On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved to hear the first reading of the Ordinance.  All members present voted YES.

 

D)    ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2005.

 

Mr. Fulmer asked Mr. Sanker if this was cutting budget from Recreation.  Mr. Sanker responded that this is not a cut from Recreation but simply moving this from Recreation Personnel budget to the Recreation Materials budget.

 

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

 

E)     ORDINANCE ADOPTING FIFTH AMENDMENT OF THE REDEVELOPMENT AGREEMENT FOR THE ROOKWOOD EXCHANGE PROJECT, AND DECLARING AN EMERGENCY.

 

Mr. DeLuca explained that this just extends the dates to December 1st, 2005 in order to remain in compliance with the Redevelopment Agreement.

 

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

 

J)    INTRODUCTORY READING OF RESOLUTIONS

A)    RESOLUTION WITHDRAWING OBJECTION TO THE RENEWAL OF LIQUOR PERMIT #2632116, FAMILY OF FIVE, INC., DOING BUSINESS AS NEW LIEBS 2008-10-12-14 WORTH AVENUE, NORWOOD, OHIO 45212.

 

Mr. DeLuca announced that he would be abstaining on this item.

 

Mr. Mumper mentioned that there have been many calls on Lieb’s Café.  Although the Chief of Police withdrew the official objection, Council can make a stand and insure that something is done about the problems this establishment has had for several years.

 

Mr. Tracey added that he has recently knocked on doors in the neighborhood and while the owners claim that there have been significant improvements, there have not been a decrease in complaints from residents.

 

Mrs. Brown mentioned that she made a call to the Chief and underage drinking is the primary complaint from residents at this point, but there have not been recent citations and Ted Kiser doesn’t have evidence to present at this hearing.

 

Mr. Mumper mentioned that perhaps putting the ownership in front of the hearing officer will emphasize the City’s focus on these problems.  The owner has made some attempts at improvement but they are clearly not working according to the residents.

 

On a motion by Mr. Fulmer, seconded by Mr. Moore, it was moved to suspend the rules and hear all three readings of the Resolution.  Mr. DeLuca abstained, all other members present voted YES.

 

Mr. DeLuca announced that he would be abstaining on this item.

On a motion by Mr. Fulmer, seconded by Mr. Moore, it was moved to pass the Resolution.  Mr. DeLuca abstained, all other members present voted NO.

 

B)     RESOLUTION HONORING THE GRADUATING COMPANIES OF THE HAMILTON COUNTY BUSINESS CENTER, INC.

 

Margaret Wehmeyer addressed Council on this item, commending the graduating companies and encouraging them to consider the City of Norwood as their permanent place of business.

 

On a motion by Mr. DeLuca, seconded by Mrs. Brown, it was moved to suspend the rules and hear all three readings of the Resolution, the first in its entirety, and to forward a copy of the resolution to the graduating companies.  All members present voted YES.

 

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

 

K)  ADMINISTRATION REPORTS

 

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

 

M)UNFINISHED BUSINESS  

 

Mr. Fulmer thanked the Director of Public Service-Safety for removing the telephone pole on Floral that had been damaged by a car accident and thanked Public Works for installing a crosswalk at Forest Ave. and Washington Ave.

 

N)  NEW BUSINESS

 

Mr. Fulmer asked that the draft Ordinance concerning Fee for Vehicle Accident Response be placed in Council’s Committee of the Whole.

 

Mr. Gabbard asked Mr. DeLuca about possible development near Shell Hill that was mentioned on his cable show.  Mr. DeLuca said that this was an idea he was floating out to the public to gauge support for a project for a possible Cornerstone Tower III intended for Medical Office use.  Representation from several of these properties have contacted developers on an exploratory effort.  There have been no negotiations and there are no plans, the thought was simply raised as a possible idea for responsible development.

 

Mr. Gabbard responded that he would appreciate to be aprised of any such developments.  Mr. DeLuca reiterated that this was simply an idea and he was gauging support to see if this idea should be taken to the next step.  Anything in the future for this area would need to protect the existing residential area while complementing the existing development.

 

Mr. DeLuca then reminded residents that the Fall Semi-Annual Street Sale will be held on Sept. 3rd, and 4th.  Permits are available in the Treasurer’s Office or Clerk of Council’s Office.

 

Mrs. Brown asked that a letter be sent to the Superintendent of Public Works requesting an additional No Outlet sign be placed at Harris Ave. and Beech St.

 

Mr. Sanker mentioned that he has had discussions with the State Auditor regarding the Regional Income Tax Agency (RITA).  RITA specializes in Tax related issues including collection, amnesty programs, etc.  Mr. Sanker has asked RITA to address Council’s Committee of the Whole in the near future.

 

Mrs. Brown asked that a letter be sent to both the Law Department and Police Chief asking each department to look into Ordinances and Laws regarding racial intimidation and how protection from racial intimidation works in conjunction with Federal and state laws.

 

O)  COMMUNICATIONS: 

1.      Letter from Ohio Department of Liquor Controls RE: Stock ownership (Norwood Drive Through).

 

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

 

1.      Letter from Director Public Safety-Service Joseph C. Geers RE: Update on Bids.

 

Mr. Fulmer mentioned that the work on Sherman, Beech, and Park are to be completed in the Fall.  The Diesel Exhaust system should be installed by end of calendar year 2005.

 

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 Ted Kiser, Assistant Law Director RE: Ordinance and Resolution consideration:

3.      Adult Family and Group Homes

4.      Fee for Vehicle Accident Response

5.      Chapter 163

 

As amended, Council considered this item previously.

 

P)   EXCUSE ABSENT MEMBERS

All members present.

 

Q)  ADJOURNMENT

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

 

 

 

 

 

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                           Jane M. Grote

Clerk of Council                                             President of Council