Norwood City Council

Council Chambers

June 13, 2006

A) CALL TO ORDER

The Council for the City of Norwood met in regular session on the above date with Ms. Jane 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. Schneider, Mr. Moore, Ms. Kelly, and Mr. Barlow.

E) AMENDMENT OF AGENDA:

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved to amend the agenda by adding Communication P-7 and moving it to the first order of business, by adding Communication P-8, by adding P-9, by adding Ordinance J-D), and by adding Resolution A). All members present voted YES.

F) approve minutes from:

March 28, April 4, April 11, April 25, and May 9, 2005

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

As amended, Council then considered the following item.

P-7) Letter from Rick Dettmer, Economic Development Director RE: Linden Point Development.

On a motion by Mr. Gabbard, seconded by Ms. Kelly, it was moved that the letter be received and filed and that Mr. Dobroszi be granted permission to address Council. All members present voted YES.

Mr. Dobroszi approached and explained that he will be out of town during the next Council meeting and the Public Hearing on the Revision to the Final PUD so wanted to come tonight to speak before Council, provide updates, and take any questions prior to the Public Hearing.

Mr. Dobroszi explained that the revision to the PUD includes many changes but none significant. These changes include increasing the height of an office building by one floor, adding additional parking to accommodate this new office space, revising the project schedule and changes to the overall building designs. At this point, Mr. Dobroszi showed artist renderings of several elevations.

When opened for questions, Mr. Moore asked if the current plan is on schedule. Mr. Dobroszi responded that at this point the schedule is current. Mass grading of the entire site should be complete by next month, plans have been submitted for the utility package, foundations should begin construction in September, steel should emerge in October, and with completion in about a year. This all is very dependent on the weather however.

Mr. Schneider asked what the plans were for the replica triangle building to be erected. Is that to be retail? Mr. Dobroszi answered that he hopes that this is retail and hopes that this is a locally owned attraction for example an ice cream shop, deli, etc.

Mr. Moore noted that signage, the monument, and landscaping plans are not included in this submission and mentioned that these passage of the plan tonight would include a stipulation for further review of these items. Mr. Dobroszi noted that he is aware and concurs with that statement.

Mr. Schneider asked if there were tenants signed at this point. Mr. Dobroszi responded that they have letters of intent but nothing signed at this point, this is typical in the Cincinnati area where tenants would like to see and feel the new property before committing.

Mr. Moore asked for elaboration on the TIF proposal, Mr. Dobroszi explained that a TIF would cover surrounding capital improvements that are important to both the City as well as the Linden Point development. Mr. Moore further explained that proceeding with this TIF agreement would negate the existing EPA abatement agreement which is 10 year real estate tax abatement. Proceeding with the TIF yields significant incremental taxes for the City Schools. The TIF includes some of the necessary sub parcel acquisition and most notably the “Norwood” Bridge which will act as a front door to both the development as well as the City. Mr. Dobroszi closed by stating that this is a very exciting time and opportunity for Linden Point and the City of Norwood.

G) Requests to address council on agenda items

A request to address Council from Margaret Wehmeyer will be heard immediately prior to the consideration of the agenda item.

H) Reports of Standing committees of council

1. Law and Ordinance RE: Council Rules.

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

2. Law and Ordinance RE: Generators.

On a motion by Ms. Kelly, seconded by Mr. Schneider, it was moved to accept the report and to send a letter to the Law Department requesting the Ordinance be drafted. All members present voted YES.

3. Law and Ordinance RE: Chapter 105.

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

4. Law and Ordinance RE: Parking Ordinance – 351.03.

On a motion by Ms. Kelly, seconded by Mr. Barlow, it was moved to accept the report and add this Ordinance to tonight’s agenda. All members present voted YES.

5. Community Development and Small Business RE: Design Review – Huff Realty.

Mr. Moore stated that we had an initial agreement with the development but it appears there is still some confusion. Mr. Moore asked that any additional comments from Council on this matter be submitted as soon as possible.

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

I) Second READING OF Ordinances

A) ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE REQUEST FOR A ZONE CHANGE OF PARCEL 651-0047-0561 (WHICH ENCOMPASSES 1922 SHERMAN AVENUE, NORWOOD, OHIO 45212) FROM A "ONE-FAMILY AND TWO FAMILY RESIDENCE DISTRICT" (R-2) TO THAT OF "NEIGHBORHOOD BUSINESS DISTRICT" (NBD)

Mr. Gabbard mentioned that he had discussed this with several City departments and he and the department still have a couple of items to clear up regarding the necessity of this zone change.

Mr. Moore added that this business is currently zoned in two parcels and two zones. Without this, the business cannot operate or must operate as a non confirming business.

Mr. Moore asked Mayor Williams, as a member of the planning commission, if there was any background to this request. Mayor Williams responded that this was a matter of due diligence in seeking financing for this property for the new owners.

Mr. Gabbard added that he would like to take our time in understanding this matter and the urgency and asked to consider the second reading only.

On a motion by Mr. Schneider, seconded by Mr. Mumper, it was moved to hear the second reading of the Ordinance and send a letter to the Law Department requesting any timing issues that should be considered in passing this Ordinance. All members present voted YES.

B) ORDINANCE AMENDING CHAPTER 1321 "SIGNS" OF THE NORWOOD CODIFIED ORDINANCES

Mr. Moore mentioned that he has talked this extensively with Mr. Bly in the Building Department and there may still be slight revisions.

On a motion by Mr. Moore, seconded by Mr. Gabbard, it was moved to hear the second reading of the Ordinance. All members present voted YES.

Council then took a five minute recess.

Upon returning from Recess, Council then considered the following added item.

C) ORDINANCE AMENDING SECTION 351.03 “PROHIBITED STANDING OR PARKING PLACES” OF THE CITY OF NORWOOD CODIFIED ORDINANCES, AS AMENDED.

On a motion by Mr. Schneider, seconded by Mr. Moore, it was moved to hear the second reading of the Ordinance. All members present voted YES.

J) INTRODUCTORY READING OF Ordinances

Prior to consideration of this item, Council heard a request to address Council from Ms. Margaret Wehmeyer regarding this agenda item.

A) ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT AGREEMENT WITH CORNERSTONE AT NORWOOD, LLC, AND DECLARING AN EMERGENCY.

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

B) ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE-SAFETY TO ENTER INTO A LEASE AGREEMENT WITH THE YWCA OF GREATER CINCINNATI (HEREINAFTER “YWCA”) ON BEHALF OF THE CITY OF NORWOOD.

Mr. Moore asked Mayor Williams and Mr. Geers how this corresponds to the previous leases of the Community Center. Mayor Williams responded that the payment for the facility is consistent as for others, but there were few if any other agreements in place.

Mr. Geers added that previous arrangements were not covered and no liability controls or restitution was established in the past.

Mr. Gabbard asked, since education is going on in this facility, can this be added to the sites limiting the residence of sexual predators.

Mr. Schneider added that he commends the Mayor and Director of Public Service-Safety for their continued efforts in seeking higher utilization for this Community Center. Not only does this increase usage, but in this case a portion of utilities are being paid as well.

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

C) ORDINANCE ADOPTING THE SEVENTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE ROOKWOOD EXCHANGE PROJECT AND DECLARING AN EMERGENCY.

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

As amended, Council then considered the following item.

D) ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE-SAFETY TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE WILLIAMS AVENUE IMPROVEMENT PROJECT WITHIN THE CITY OF NORWOOD, OHIO, AND DECLARING AN EMERGENCY.

Mr. Moore asked the Director of Public Service-Safety about the timetable assuming this Ordinance is passed tonight.

Mr. Geers responded that while the money is not available until July 1, this will certainly help to get the preliminary steps in place. As for the bids, timelines and penalties will certainly be considered in the bid packages.

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

K) INTRODUCTORY READING OF Resolutions

As amended, Council then considered the following item.

A) RESOLUTION TO AMEND THE STANDING RULES OF COUNCIL TO INCREASE THE NUMBER OF MEMBERS IN THE COMMUNITY DEVELOPMENT AND SMALL BUSINESS COMMITTEE, TO CHANGE ASSIGNMENTS IN THE COMMUNUITY DEVELOPMENT AND SMALL BUSINESS COMMITTEE AS WELL AS THE SERVICE, RECREATION AND INFRASTRUCTURE COMMITTEE, AND TO APPOINT A PRESIDENT PRO TEMPORE, AND DECLARING AN EMERGENCY.

On a motion by Mr. Sanker, seconded by Ms. Kelly, it was moved to amend the Ordinance, inserting Mr. Moore as the President Pro-Tempore. All members present voted YES.

Mr. Moore noted that in addition to appointing a President Pro-Tem, this increases the number of members to the Community Development and Small Business, and Service, Recreation, and Infrastructure committees back to four members and appoints Mr. Chuck Barlow to fill the vacancies.

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved to suspend the rules and hear all three readings of the Resolution, as amended. All members present voted YES.

On a motion by Ms. Kelly, seconded by Mr. Gabbard, it was moved to pass the Resolution, as amended. All members present voted YES.

L) ADMINISTRATION REPORTS

Mayor Williams was present and mentioned that he walked the Surrey Square site with New Plan Development. New Plan took the Mayor and Director of Public Service-Safety to the back of the facility and outlined the proposal including painting lines for the refrigeration, disposal, landscaping, and other elements of the proposal. The highlight includes an increase from 6ft to 30ft of green space by allowing delivery entrance along Lafayette. The landscaping proposal includes mature trees and landscaping. Mayor Williams encouraged all to take a look at the painted marks to get a feel for the changes to specifically the back of the property.

Mayor Williams added that steel is being added at the Siemens $30Million improvement project and work is progressing at the Globe site.

The Office Supply building on Section Avenue is half down and progress has certainly been made in the last few weeks. Mayor Williams sited these as many examples of the very positive things going on in the City.

Mayor Williams also provided a brief update on the negotiations. These are very important negotiations for all since personnel costs are 80% of the City budget. All parties need to be very diligent in these discussions in understanding what is needed to reduce costs while maintaining services.

Mr. Jones began his Administration Report by stating that we made payroll last week by not making other payments that are due. This should serve as a notice to all…we hope to make the next payroll but likely will not. We are hoping to delay additional payments but the priority is to pay employees and honor contracts. Lockbox deposits will be checked frequently.

When opened for questions Mr. Moore asked Mr. Jones how far short we are currently. Mr. Jones responded that we are currently $60,000 short and he is asking those who are owed payment to delay a week or two. We have been living payroll term to payroll term the past few months and that will likely continue.

Mr. Schneider noted that the tax budget will be on the next agenda, and asked when the 5 year forecast is expected. Mr. Jones responded that this will be on the same timing and include the same analysis with respect to increases and decreases.

Mr. Moore asked if the Finance Committee could get a list of unpaid Purchase Orders. In the past when this has been requested, Council was invited down for a view of the stack of unpaid Purchase Orders. Mr. Jones responded that the list will be forwarded to the Finance Committee.

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

Mr. Anthony Hooks addressed Council regarding the June 6^th, 2006 Committee of the Whole Meeting.

N) UNFINISHED BUSINESS

Mr. Moore asked for any comments or feedback from the citizens with respect to the State Auditor’s report. Once you get to become familiar with the report, please let us know what your opinions are on the existing contracts, future contracts, Parks, streets, Building and Health Departments, etc. We welcome your prioritization.

Mr. Schneider mentioned that the Relay for Life begins this Friday at 6pm at Shea Stadium. This event benefits the American Cancer Society.

O) NEW BUSINESS

Mr. Moore mentioned that a constituent put together a wonderful journal of the beautiful homes in our area. Mr. Moore asked the Clerk of Council, Mr. Brian Mumper, to take a look at getting this content added to the City’s website.

Mr. Gabbard asked that a letter be sent to the Law Department requesting their opinion on declaring the Community Center an educational facility and therefore be included in the sexual predator restrictions.

Mr. Gabbard added that the Norwood Soccer Association was very well represented in the recent the recent regional tournament including representation from every age group. NSA ended up with seven second place finishes and five first place finishes (including Gabby’s Little Stingrays).

P) COMMUNICATIONS:

1. Letter from Mayor Williams RE: Mayor’s Court Fines for May 2006.

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

2. Letter from Tax Department RE: Monthly Report for May 2006.

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

3. Letter from Donnie Jones RE: Auditor’s Report for May 2006

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

4. Letter from Donna Laake, Health Commissioner RE: Funds obtained by Health Department.

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

On a motion by Mr. Schneider, seconded by Ms. Kelly, it was moved that a letter be sent to the Health Department and Ms. Laake commending them on their application and receipt of these grants. All members present voted YES.

5. Letter from Donna Laake, Health Commissioner RE: High Grass problem.

On a motion by Ms. Kelly, seconded by Mr. Barlow, it was moved that the letter be received and filed and that the abatement be authorized. All members present voted YES.

6. Letter from Carl A. Aveni, II RE: Petition for Norfolk Southern Railway Co.

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

7. Letter from Richard Dettmer, Economic Development Director RE: Linden Point Development.

As amended, this item was considered previously.

8. Letter from Donna Laake, Health Commissioner RE: High Grass problems.

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

9. Letter from Janet Kennedy, Deputy Auditor RE: Tax Budget.

On a motion by Mr. Schneider, seconded by Mr. Sanker, it was moved that the letter be received and filed and the Public Hearing be set for June 27, 2006. All members present voted YES.

Q) EXCUSE ABSENT MEMBERS

On a motion by Mr. Moore, seconded by Mr. Schneider, it was moved to excuse the absent member. All members present voted YES.

R) ADJOURNMENT

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved to adjourn. All members present voted YES.

______________________________ ______________________________

J. Brian Mumper Jane M. Grote

Clerk of Council President of Council