Norwood City Council

Council Chambers

June 27, 2006

 

 

 

A)   CALL TO ORDER

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

 

E)   AMENDMENT OF AGENDA:

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to amend the agenda by adding Committee Reports H-2), H-3), H-4), H-5), by adding Ordinance K-C), by adding Resolution L-B), by moving K-B) immediately following F-A), by moving K-A and L-A immediately following F-B), by moving H-2 and L-B) immediately following F-C), and by replacing I-A, and L-A with newer versions.  All members present voted YES.

 

F)   pUBLIC hEARINGS:

 

A)    3835 Montgomery Road – Rentway

 

Ms. Grote provided the rules governing the Public Hearing.  No one came forward to speak in favor of the Ordinance.

 

David Hill and Richard Tranter spoke against this Ordinance.

 

When no one else came forward to speak against the Ordinance, the Public Hearing closed.

 

As amended, Council then considered the following item.

 

K-B)  ORDINANCE DENYING THE APPLICATION AND/OR PLAN SUBMISSION FOR THE PROPOSED EXPANSION OF THE RENTWAY STORE, WHICH FALLS WITHIN A PLANNED UNIT DEVELOPMENT (P.U.D.), FOR 3835 MONTGOMERY ROAD.

 

Mr. Schneider directed a question to the Mayor and asked for the background and rationale from the perspective of the Planning Commission.  Mayor Williams responded that the City has far too many businesses of this type and we do not want to encourage additional space for Rental, mobile phone, and Tattoo type businesses.  We need to be consistent with our stance on the businesses we would like to encourage and maintain.

 

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

 

B)     5025 Carthage Ave. – Linden Point

 

Jim Neyer, representing the developer spoke in favor of the Ordinance.

 

When no one else came forward to speak either In Favor or Against this Ordinance, the Public Hearing closed.

 

As amended, Council then considered the following item.

 

K-A) ORDINANCE APPROVING THE REVISED FINAL PLANS FOR PHASE 1 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. Moore directed a question to Mr. Neyer and asked the timetable for this development.  Mr. Neyer responded that the timetable is contingent upon Council’s action on this Ordinance, but the plan is to begin construction in July and this is approximately a 12 month construction project, pending weather.

 

Mr. Moore stated that he wants to move forward with this.  We have seen several presentations and this represents very little change to the existing plans.  We still have work to do on Landscaping, Signage, Monument, etc., but those are covered in the development agreement and will be subject to future design reviews.

 

Mr. Schneider asked Mayor Williams about the schedule for the road work.  Mayor Williams responded that ODOT is planning this work for 2007.

 

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

 

L-A) RESOLUTION OF OFFICIAL INTENT WITH RESPECT TO A TAX INCREMENT FINANCING PROJECT FOR PROPERTY OWNED BY LINDEN POINT, LLC, AND DECLARING AN EMERGENCY.

 

Mr. Moore mentioned that we are currently in negotiation on the proposed TIF and development agreement.  There has not been a final agreement, but this Resolution expresses our intent to work through the remaining issues.  Mr. Moore asked Mr. Quinn to the podium to explain this Resolution further. 

 

Mr. Quinn explained that this Resolution does just that; expresses our intent to issue bonds subject to the resolution of the remaining details.  All parties are confident that we are close to finalizing these agreements.

 

Mr. Schneider asked Mr. Moore for background on the intent of the TIF funds.  Mr. Moore mentioned that we are still working out the details but the early thought is remaining parcel acquisition, the gateway project over the Norwood Lateral bridge, landscaping elements, and features at the entrance of the site.  There are certainly advantages with this agreement.  Aside from the public improvements around the surrounding area, the agreement with the TIF assigns significant incentives/penalties for meeting the timeline.  In addition, without the TIF agreement, the developer is entitled to a ten year total property tax abatement through the existing EPA agreement.  With the proposed TIF agreement, the School system will be able to negotiate as if there was no abatement.

 

Mr. Moore asked Mr. Neyer how their plans may change without the TIF.  Mr. Neyer explained that there would be another revision in the plans in order to accommodate the new situation, work out economics, and likely to reduce scope of Phase I.

 

Mr. Moore asked Mr. Neyer if the additional floor of office space was contingent upon the TIF.  Mr. Neyer confirmed and explained that the additional floor of office space adds risk to the project.  That risk is somewhat offset by the TIF in allowing some funding upfront.

 

Mr. Mumper then commented that he is very excited this development is moving forward.  It is great to see dirt moving and he looks forward to watching the progress on this very important and impressive development.

 

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 Mr. Mumper, seconded by Mr. Barlow, it was moved to pass the Resolution, as amended.  All members present voted YES.

 

Prior to the consideration of the next agenda item, a motion was made by Mr. Moore, seconded by Mr. Mumper, to amend the agenda and to consider item J-A at this point due to the fact that our legal counsel is in Council Chambers.

 

Margaret Wehmeyer’s request to address Council regarding this item was also heard at this time.

 

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

 

Mr. Schneider asked a question to Mr. Tim Burke explaining the need for this agreement.  Mr. Burke responded that this easement is for the area along Williams Ave., this allows for the rear entry into the garage.  The permanent easement is called for in the redevelopment agreement.  We had thought this was done, but the bank had questioned whether or not the easement was granted sufficiently.

 

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. Mumper, seconded by Ms. Kelly, it was moved to pass the Ordinance.  All members present voted YES.

 

C)    City of Norwood Tax Budget

 

When no one came forward to speak either in Favor or Against the City of Norwood Tax Budget, the Public Hearing closed.

 

As amended, Council then considered the following item.

 

H-2) Finance and Claims RE: 2007 Tax Budget.

 

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

 

L-B) RESOLUTION ADOPTING 2007 TAX BUDGET.

 

Mr. Moore explained that this tax budget essentially goes to the County to demonstrate how important and essential the tax funds they are collecting on our behalf.

 

Mr. Schneider asked Mr. Jones, City Auditor, about the process moving forward.  Mr. Jones responded that this Resolution will be sent to the County Auditor’s Office, where the County Auditor will then schedule Public Hearings sometime in August.  Upon approval, the County will have adequate documentation that we need the associated millage and to make sure bond retirement is adequately disclosed.

 

Mr. Mumper asked Mr. Jones if he could keep us up to date on the progress.  Mr. Jones confirmed.

 

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

 

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

 

G)  Requests to address council on agenda items

 

A request to address Council from Margaret Wehmeyer was heard previously, immediately prior to item J-A).

 

H)  Reports of Standing committees of council

 

1.      Community Development and Small Business RE: Cornerstone Design Review.

 

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

 

2.      Finance and Claims RE: 2007 Tax Budget.

 

As amended, this item was considered previously.

 

3.      Finance and Claims RE: Tax Collection.

 

Mr. Moore mentioned that the numbers in the report are interesting.  Essentially mandatory filings will net more than $200,000 per year with the upgraded software necessary and the addition of one person to the Earnings Tax Department.  This is a significant increase over the proposal to outsource the tax collection.

 

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

 

4.      Finance and Claims RE: Appropriations.

 

Mr. Schneider thanked Public Works for their efforts.  The ability to move money from payroll to materials/supplies shows an ability to maintain service levels at the reduced staffing.

 

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

 

5.      Finance and Claims RE: Claim.

 

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

 

I)      Third READING OF Ordinances

 

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

 

Mr. Moore explained that this includes a new draft that is a result of recent discussions with Mr. Dan Bly. 

 

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved to substitute the latest version of the background information.  All members present voted YES.

 

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

 

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

 

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. Mumper, seconded by Ms. Kelly, it was moved to pass the Ordinance.  All members present voted YES.

 

C)    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)

 

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

 

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

 

J)    Second READING OF Ordinances

 

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

 

As amended, this item was considered previously.

 

K)  INTRODUCTORY READING OF Ordinances

 

A)    ORDINANCE APPROVING THE REVISED FINAL PLANS FOR PHASE 1 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, this item was considered previously.

 

B)     ORDINANCE DENYING THE APPLICATION AND/OR PLAN SUBMISSION FOR THE PROPOSED EXPANSION OF THE RENTWAY STORE, WHICH FALLS WITHIN A PLANNED UNIT DEVELOPMENT (P.U.D.), FOR 3835 MONTGOMERY ROAD.

 

As amended, this item was considered previously.

 

C)    ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2006.

 

Mr. Sanker explained that in addition to moving funds in different keys for Parks and Playgrounds, it also adds the money received via the health department grants, and another $50,000 from the negotiation of bonds.  It is not the intention of Council to spend this money as part of the general fund, therefore this money has been moved to the special fund.

 

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

 

L)   INTRODUCTORY READING OF Resolutions

 

A)    RESOLUTION OF OFFICIAL INTENT WITH RESPECT TO A TAX INCREMENT FINANCING PROJECT FOR PROPERTY OWNED BY LINDEN POINT, LLC, AND DECLARING AN EMERGENCY.

 

As amended, this item was considered previously.

 

B)     RESOLUTION ADOPTING 2007 TAX BUDGET.

 

As amended, this item was considered previously.

 

M)ADMINISTRATION REPORTS

 

Mayor Williams was present and mentioned that he has received some very positive feedback from the painted lines behind the new Kroger location and is glad residents had a chance to go down and walk around to see the proposed changes at least as drawn on the pavement.  Mayor Williams and Mr. Geers drove around to a few other Kroger stores and he believes that the new store will be most like the Brentwood Store.  This will be a significant improvement over the current facility.

 

Mayor Williams also mentioned that new street repair equipment was demonstrated to the Mayor and Public Works personnel.  This new equipment is quite impressive in its ability to quickly repair potholes and small sections of damaged road.  While this equipment is too expensive to purchase at this point, we are looking into renting the equipment for a few weeks or months to address some of the roadwork concerns, while remaining on budget.

 

The Mayor also noted that there have been some relatively serious criminal events over the last few weeks including home invasions/robberies, stolen cars, and weapons charges.  Mayor Williams met with Chief Schlie and they are both deeply concerned about this trend.  It is believed that the pressure the City of Cincinnati is placing on crime is driving these criminals to this area.  The Police Department and Administration will not tolerate this and will act swiftly and aggressively to curb this trend.  Please refer any tips to the Drug Tip Line by calling 351-4567.

 

When opened for questions, Mr. Schneider asked for the status of the new ambulance.  Mayor Williams responded that it has been ordered and is scheduled for delivery in the October timeframe.  The Auditor’s Office is working to finalize lease agreement details.

 

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

 

O)  UNFINISHED BUSINESS  

 

P)   NEW BUSINESS

 

Mr. Gabbard urged all residents to call and make reports when they witness suspicious activity.  If nothing else it helps the Police Department become aware of issues in the area and enables them to be on the lookout for these specific issues.

 

Mr. Schneider added that it is also important to get out and meet your neighbors.  A great opportunity to do this is at the July 4th Fireworks at Shea Stadium.

 

Mr. Sanker added that when calling the drug tip line, all callers remain anonymous.  20,000 sets of eyes certainly assists the Police Department in doing their job.

 

Mr. Sanker also encouraged residents to spend some time to clean up their property and the surrounding areas.  Cleaning up litter, spraying for weeds in the sidewalk and the street, can significantly increase the beautification of public and private areas.  Once we treat litter and weeds as the norm, we become oblivious that there is a problem.

 

Mr. Schneider thanked the Mayor for attending the Relay for Life and all residents that participated.  $61,000 was raised at this event for the fight against cancer.

 

Mr. Mumper announced that there will be a Committee of the Whole Meeting on Thursday July 6th at 7:30PM in Council Chambers.

 

Q)   COMMUNICATIONS: 

 

1.      Letter from Carrie Town, Planning Commission RE: Withdrawal of Public Hearing 5612 Carthage Ave.

 

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

 

2.      Letter from Mayor Williams RE: Ohio Police and Fire Pension Fund.

 

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

 

3.      Letter from Mayor Williams RE: Police and Fire Pension.

 

Mr. Moore directed a question to Mr. Jones and asked how payments are applied.  Are the payments applied to the current payment or the oldest debt?  Mr. Jones responded that while they told us they would apply any payment to the oldest payment due, that is not what they have done with the most recent payment and that worked out in the City’s favor.  What has happened is that the funds certified from the County were applied to the oldest payments, but the payments sent by the City were applied to current payments.  This method has helped avoid additional penalties under their penalty structure.

 

Mr. Moore mentioned that while we owe the Pension Board approximately $1.5 Million in back payments,  if you combine the payments we are making on schedule and the funds they are certifying for past debt, we will be contributing approximately $2.6 Million this year.

 

Mr. Mumper commented that while he is sure we owe them this money, this increase will hinder our ability to meet other obligations.  We owe these funds to the Pension Board and they have taken their turn for late payment.  At some point it may be the employees turn to be “in the box” for late payment.  The City has done a great job in maintaining payroll as a priority, but many of our creditors have had their time “in the box”.  Unfortunately it may be time for the City employees to take a turn to ensure the City can meet its obligations.

 

Mr. Moore added that his recommendation is that we do not send the check tomorrow since they are certifying our funds anyway.  We need to make sure that we reserve enough money to keep the lights on and make our essential payments.  This is a tight month and without additional information, this seems to be the best solution at least temporarily.

 

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

 

4.      Letter from Joe Geers, Director, Public Service-Safety RE: Children’s Home.

 

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

 

5.      Letter from Joe Geers, Director, Public Service-Safety RE: Housing and Building Inspections.

 

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

 

6.      Letter from Donna Laake, Health Commissioner RE: Healthy Ohioans – Healthy Community Award.

 

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.

 

R)  EXCUSE ABSENT MEMBERS

 

All members present.

 

S)    ADJOURNMENT

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

 

 

 

 

 

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                           Jane M. Grote

Clerk of Council                                             President of Council