Norwood City Council

Council Chambers

August 14, 2007

 

 

 

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, Ms. Kelly, Mr. Barlow and Mr. Mumper.

 

The meeting began by the Clerk of Council, Brian Mumper, reading a letter from Mr. Donnie Jones regarding the passing of Ms. Janet Kennedy.  The letter was followed by a moment of silence in remembrance of Ms. Kennedy.

 

E)   AMENDMENT OF AGENDA

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved to amend the agenda by adding Ordinances J-D) and J-E), by adding Resolutions K-A) and K-B), by adding Communication P-12) immediately prior to J-C), and by moving I-4) and J-D) to immediately following G-1).  All members present voted YES.

 

F)   MINUTES OF PREVIOUS MEETING

5/22/07, 6/12/07, 6/26/07 and 7/10/07

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

 

G)  PUBLIC HEARINGS

Prior to opening the Public Hearings, Ms. Grote explained the rules governing Public Hearings.

 

1. Seven Story Properties

 

When the Public Hearing opened, the following came forward to speak in favor of this Ordinance:

 

Mr. Bill Kreatzjans Jr. represented the developer.

Dr. Thomas E. Powell, and,

Mr. William McGuire

 

The Public Hearing closed when no one came forward to speak against this Ordinance.

 

As amended, Council then considered the following items:

 

I-4 Committee Report from Community Development RE: Rezoning – Seven Story Properties

 

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

 

J-D)  ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PARCELS 651-0026-0011-00, 651-0026-0012-00, 651-0026-0013-00, 651-0026-0014-00, 651-0026-0022-00, 651-0026-0023-00, 651-0026-0024-00, 651-0026-0025-00, 651-0026-0026-00, AND 651-0026-0027-00 (WHICH ENCOMPASSES A BLOCK BOUNDED BY SHERMAN AVENUE TO THE NORTH, MONTGOMERY ROAD TO THE EAST, LAWRENCE AVENUE TO THE SOUTH, AND WALTER AVENUE TO THE WEST, NORWOOD, OHIO 45212) FROM A “MULTI-FAMILY DISTRICT” (R-3) ZONE TO THAT OF A “OFFICE DISTRICT” (0) ZONE, AS AMENDED AND TO REZONE PARCELS 651-0026-0001-00, 651-0026-0002-00, 651-0026-0003-00, 651-0026-0009-00, AND 651-0026-0010-00 (4555-4559 MONTGOMERY ROAD, NORWOOD, OHIO 45212) FROM “GENERAL BUSINESS DISTRICT” (GBD) ZONE TO “GENERAL BUSINESS DISTRICT (PLANNED UNIT DEVELOPMENT)” (GBD-PUD) AS AMENDED

 

Mr. Gabbard asked Mr. Kreatzjans to return to the podium and asked about the use of the property and for clarification that this rezoning concerns the current parking lots.  Mr. Kreatzjans responded that this will be approximately 8000 sq. ft. of medical use and confirmed that the rezoning concerns the current parking lots behind the Cricket retail store. 

 

Mr. Sanker asked if this same company also owns the Fidelity Federal building and if the proposed plan will increase traffic and provide enough parking for the intended use.  Mr. Kreatzjans confirmed and added that the proposal includes significantly more than the parking spots required by zoning code.

 

Mr. Gabbard asked about the timing of this project.  Mr. Kreatzjans replied that the developer is in discussion with possible tenants and targeting occupancy in January 2009; construction would begin approximately 8 months prior to occupancy.  Mr. Kreatzjans added that this includes many separate parcels all referring to the same general property.  This does not consolidate those parcels; it simply rezones these parcels accordingly.

 

Mr. Gabbard asked a question through the Chair to the Mayor regarding the Planning Commissions perspective on this Ordinance.  Mayor Williams responded that there were some initial concerns that have been resolved and that this is the best way to move this project forward while protecting the concerns of the Planning Commission and the nearby area.

 

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

 

2. City of Norwood 2008 Tax Budget

 

The Public Hearing closed when no one came forward to speak for or against this the 2008 Tax Budget.

 

As amended, Council then considered the following item:

 

K-A)  RESOLUTION ADOPTING 2008 TAX BUDGET

 

Mr. Schneider asked if there was anyone present representing the Auditor’s Office.  Ms. Grote answered that there was not a representative present.

 

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

 

H)  requests to address council on agenda items

There were no requests to address Council.

 

I)      REPORTS OF STANDING COMMITTEES OF COUNCIL

 

1. Finance & Audit RE: 2007 Appropriations

 

Mr. Sanker mentioned that the Finance Committee went through all open requisitions and processed those that urgently needed to be converted to Purchase Orders.  The others are still on hold.

 

Mr. Schneider mentioned that during this meeting there were several requests for large sums of money, but without hearing directly from department heads it is difficult to approve these requests.

 

Mr. Mumper thanked Mr. Sanker for the countless hours he spends pouring through this paperwork.  This is not normally the role for the committee, but with the issues in the Auditor’s Office this is necessary to keep the City business on track.

 

Mr. Sanker mentioned that it is critically important for department heads to watch everything that crosses their desks.  It is critical that we keep a firm handle on all expenses the remainder of this year.

 

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

 

2. Committee of the Whole RE: Vacant Home – Lowry Avenue

 

Mr. Mumper mentioned that this was one of the properties that the Committee of the Whole toured during a recent meeting.  Mr. Bly has located a family member of the recently deceased owner and is now working with the Hamilton County Auditor’s office on the quickest and cheapest manner to resolve this longstanding issue.

 

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

 

3. Community Development RE: Linden Pointe revision – Building D.

 

Mr. Schneider asked for an explanation of the revision.  Mr. Sanker responded that the developer is in discussions with a tenant for Building D that requires drive through access which would reduce the size of a nearby parking island.  Signage proposals were also reviewed.  Mr. Sanker added that the possible tenant is not a restaurant. 

 

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

 

J)    INTRODUCTORY READINGS OF ORDINANCES

 

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

 

Mr. Barlow mentioned that this is the City’s second street sale in 2007.  The fall street sale date has been moved a week earlier to avoid the Labor Day Weekend.

 

On a motion by Mr. Barlow, seconded by Mr. Schneider, it was moved to suspend the rules and hear all three readings of the Ordinance, the first in its entirety.  All members present voted YES. 

 

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

 

B)    ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A MASTER SERVICE AGREEMENT, UNDER THE STATE BID PURCHASE PROGRAM, WITH CINCINNATI BELL TELEPHONE LLC FOR TELEPHONE AND COMMUNICATION SERVICES FOR THE FIVE MAIN BUILDINGS OWNED BY THE CITY OF NORWOOD AT A COST NOT TO EXCEED $7,975.68 PER MONTH FOR SIXTY MONTHS FOR A TOTAL COST NOT TO EXCEED $478,540.80, AND DECLARING AN EMERGENCY

 

Mr. Mumper asked Mr. Geers to the podium to explain this project.  Mr. Geers explained that he has had several meetings with Cincinnati Bell regarding a new system.  Currently we pay about the same as the proposal but we own the current system and are responsible for all service calls and maintenance.  This proposal includes a consolidation of our internet provider, new phones, a service agreement, provides up to 250 email boxes, and eliminates 50 separate outside lines.  Networking will be installed throughout City buildings which will allow us to broaden and increase our usage of the e-Gov system as we have planned with the SSI proposal.  This is a 5 year contract on an integrated system.

 

Mr. Sanker asked for the timing of this project.  Mr. Geers responded that it would take approximately 3 months to complete this project and Cincinnati Bell is ready to begin the work whenever we are.

 

Mr. Mumper thanked Mr. Geers and Cincinnati Bell for working through the details on this exciting plan to bring the City forward. 

 

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

 

As amended, Council then considered the following item:

 

O-12. Letter from Richard Gibson RE: Ted Kiser

 

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

 

C)    ORDINANCE AUTHORIZING THE LAW DIRECTOR TO ENTER INTO A CONTRACT WITH THEODORE E. KISER, PROVIDING FOR HIM TO ACT AS “OF COUNSEL” TO THE LAW DEPARTMENT FOR THE PURPOSES OF REPRESENTING THE CITY OF NORWOOD IN CERTAIN LEGAL MATTERS ON A PRO-BONO BASIS

 

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

 

As amended, Council then considered the following items:

 

D)    ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PARCELS 651-0026-0011-00, 651-0026-0012-00, 651-0026-0013-00, 651-0026-0014-00, 651-0026-0022-00, 651-0026-0023-00, 651-0026-0024-00, 651-0026-0025-00, 651-0026-0026-00, AND 651-0026-0027-00 (WHICH ENCOMPASSES A BLOCK BOUNDED BY SHERMAN AVENUE TO THE NORTH, MONTGOMERY ROAD TO THE EAST, LAWRENCE AVENUE TO THE SOUTH, AND WALTER AVENUE TO THE WEST, NORWOOD, OHIO 45212) FROM A “MULTI-FAMILY DISTRICT” (R-3) ZONE TO THAT OF A “OFFICE DISTRICT” (0) ZONE, AS AMENDED AND TO REZONE PARCELS 651-0026-0001-00, 651-0026-0002-00, 651-0026-0003-00, 651-0026-0009-00, AND 651-0026-0010-00 (4555-4559 MONTGOMERY ROAD, NORWOOD, OHIO 45212) FROM “GENERAL BUSINESS DISTRICT” (GBD) ZONE TO “GENERAL BUSINESS DISTRICT (PLANNED UNIT DEVELOPMENT)” (GBD-PUD) AS AMENDED

As amended, this item was considered previously.

 

E)     ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2007

 

On a motion by Mr. Sanker, seconded by Mr. Schneider, it was moved to amend Exhibit A.  All members present voted YES.

 

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

 

K)  INTRODUCTORY READINGS OF RESOLUTIONS

 

A)    RESOLUTION ADOPTING 2008 TAX BUDGET

 

As amended, this item was considered previously.

 

B)    RESOLUTION DECLARING IT NECESSARY TO LEVY A TAX IN EXCESS OF THE TEN MILL LIMITATION AND TO NOTIFY THE BOARD OF ELECTIONS OF HAMILTON COUNTY TO CAUSE THE NOTICE OF ELECTION ON THE QUESTION OF LEVYING SAID TAX TO BE GIVEN AS REQUIRED BY LAW, AND DECLARING AN EMERGENCY

 

Mr. Mumper asked the Mayor to explain his perspective on this and the related timing of this Resolution.  Mayor Williams answered that as required by law this has to be in to the Board of Elections in the coming weeks.  Mayor Williams added that there has been much discussion about what to do with the expiration of this levy, but as the research has indicated, a renewal is our best course of action since a renewal will be based on the valuation of property when this was originally passed.  A replacement levy or separate classification would be based on the most recent property re-evaluation and we would lose out on the state funds for personal tangible property taxes.  Earnings Taxes are up this year, but as we have learned there is no guarantee that this will continue and we are not in a position to adapt to the significant reduction of our budget should the levy not be renewed.  As you are aware we have struggled to get by the last few years while maintaining services. 

 

The Mayor continued that this Council and Administration have scrutinized all costs during this tough time and as such we need to move forward and make progress on those items that have been neglected during this negative cash flow.  Without this levy we will get by but would be in the same position of struggling to get by while not making progress on streets and needed improvements to our capital assets.  By allowing the residents to make the decision to renew this levy we are giving them the choice in how quickly this City progresses.  If the residents make the choice to move this City further and pass this renewal, we must be deliberate in allocating these funds to the street and capital improvement programs.  We have made great strides in implementing a system to insure that we don’t find ourselves in this same situation any time soon.  We are revamping our usage of the e-Gov system with the SSI proposal.  As we have discussed, we have interviewed potential candidates for the much needed Budget Analyst position, but were unable to fill this role based on the current state of the e-Gov system.  That progress is underway.  We know that the Fire Department is in need of a new pumper, we need to fix our neglected street program and this renewal will allow us to do that as well as give attention to other City assets.  We will do this while we continue to generate additional revenue.  In addition, these funds are required in order to establish a real rainy day fund so progress can continue to be made even when the economy takes a temporary down turn.  We are finally in a position to make tangible progress and our citizens will let us know if we allow them the opportunity.

 

Mr. Schneider commented that this levy has been renewed since the 1980s and we need to get our house in order and make sure systems are in place and reports are available.  If we had real numbers we would be able to support putting this on the ballot, but without it we are inappropriately placing this on the agenda.

 

Mr. Sanker responded that this is all about long term stability.  The State Auditor’s report included the assumption that this levy would be renewed in their cover letter.  We are not talking about spending this additional revenue on increased operating expenses, but in investing this in our future through streets, capital improvement, and a reserve fund.  Without this renewal we will be set back 2 years in our progress.  We would need 2-3 redevelopment projects each year in order to make up this revenue.  Hopefully we can move forward and continue our progress instead of taking a step back and treading water.

 

Mr. Mumper mentioned that we are not asking for an increase in taxes just a renewal.  This would be approximately $75 per year for a $100,000 house.  Mr. Mumper asked Mayor Williams for confirmation on that number.  Mayor Williams confirmed and mentioned that it is disappointing that he asked for input on this issue more than two months ago and received no opposition until we are under the clock on this matter.

 

Mr. Schneider reiterated that he would need to see some reports that indicate we need these funds.  Mr. Schneider mentioned that we are lucky to have Mr. Sanker and the Finance Committee to get us through while the Auditor’s office has been slowed, but that he expected to see several options and reports rather than just this renewal.  Mr. Schneider said that his constituents expect him to dig deeper.

 

Ms. Kelly explained that we need to be able to move forward in order to maintain our system and increase our use of tools like e-Gov.  Not allowing the citizens to renew this cuts the legs out from under them as well as the City.  Constituents trust us to make decisions and we need to trust them to vote their opinion on the ballot.  All this Resolution does is place the issue on the ballot.

 

Mr. Barlow reiterated that this is not an increase but only a renewal.  A replacement levy would likely increase taxes.  This protects homeowners at a constant rate based on the 1986 valuation.

 

Mr. Sanker noted that numbers were accumulated through the Auditor’s Office, Treasurer’s Office and State Auditor’s Office.  Council should be happy that in spite of the last few years all we need is a renewal rather than an increase.

 

Mr. Mumper asked Mr. Schneider what he would propose as an alternative.  Mr. Schneider responded that he hasn’t seen enough financial information to determine an alternative.  We have seen an increase in Earnings Taxes and maybe we don’t need this renewal at all.

 

Mr. Sanker mentioned that an increase in earnings taxes was anticipated and is included in the projections and budget.  We know readily that we cannot continue to progress while absorbing a loss of 1.7 Million dollars annually.

 

On a motion by Mr. Sanker, seconded by Mr. Mumper, it was moved to suspend the rules and hear all three readings of the resolution.  The following members voted YES: Mr. Gabbard, Mr. Sanker, Ms. Kelly, Mr. Barlow and Mr. Mumper.  The following members voted NO:  Mr. Schneider.

 

On a motion by Mr. Sanker, seconded by Mr. Mumper, it was moved to hear the first reading of the resolution.  The following members voted YES:  Mr. Gabbard, Mr. Sanker, Ms. Kelly, Mr. Barlow and Mr. Mumper.  The following members voted NO: Mr. Schneider.

 

L)   ADMINISTRATION REPORTS

 

Mayor Williams was present and thanked everyone for expressing their concerns and understanding while he has been out of the office on illness.  Brenda, Mr. Geers, and Mr. White have gone above and beyond to keep things running effectively and keep him informed during this time.  Mayor Williams opened the report up for questions so that he could respond directly to the concerns from Council.

 

Mr. Sanker asked for an update on the E-911 renovations.  Mayor Williams responded that when returning he barely recognized the place.  The progress during the past few weeks has been outstanding.  This will be a great addition to the City.  Mayor Williams reminded all that this was a result of winning a $100,000 office makeover and we are only responsible for moving equipment to the new first floor location.

 

Mr. Sanker also asked for an update on the Montgomery Rd. realignment.  Mayor Williams answered that progress has been consistent and we are still anticipating a November completion. 

 

Mr. Schneider added that the new timing of the traffic lights has already streamlined traffic even during the construction.

 

M)  OTHER REQUEST TO ADDRESS COUNCIL

 

A request to address Council from Rene Dierker was heard regarding Tree Board activities, projects, and the Emerald Ash Borer. 

 

On a motion by Ms. Kelly, seconded by Mr. Gabbard, it was moved to allow Ms. Dierker to address Council for as much time as she needs.  All members present voted YES.

 

When opened for questions, Mr. Sanker asked if there have been any confirmed Emerald Ash Borer infestations in the City.  Ms. Dierker responded that there are two trees on Park Ave. that look to be in bad shape but it has not yet been confirmed if this is drought related or Ash Borer related.

 

Mr. Gabbard thanked the Tree Board for all of their efforts.

 

N)  UNFINISHED BUSINESS

 

O)  NEW BUSINESS

 

Mr. Sanker mentioned that the Community Development and Small Business Committee meeting for Wednesday has been cancelled.

 

Mr. Mumper asked for the need for special meetings to be scheduled in order to meet the Board of Election deadline for Resolution B.  Ms. Grote called special meetings for August 20th and 21st at 7pm.

 

Mr. Gabbard mentioned that the Norwood Soccer Association opening day parade and ceremonies are this Saturday beginning at 9am.  Following the ceremony there will be scrimmages throughout the day and Mr. Gabbard encouraged all to attend at least a part of the day.  This is a very important day for these youngsters.

 

P)   COMMUNICATIONS

 

1.  Letter from Mayor RE: July 2007 Court Fines

 

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.

 

2.  Letter from John Hanrahan RE: June 2007 Tax Report

 

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

 

3.  Letter from John Hanrahan RE: July 2007 Tax Report

 

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.

 

4.  Letter from Chief Goodman RE: Fire Division Activities & Stats

 

On a motion by Mr. Sanker, seconded by Mr. Mumper, it was moved that the letter be received and filed as if read and that future Fire Division reports include a cover letter detailing report highlights.  All members present voted YES.

 

5.  Letter from Chief Goodman RE: Smoke Showing

 

Mr. Gabbard encouraged City officials to attend this great opportunity.  This will be an eye opener for sure.  Mr. Gabbard also mentioned that in the report that Council just considered, the Fire Department made 371 runs with an average response time of just under 3 minutes.  This is outstanding and shows the importance of this highly efficient department.

 

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

 

6.  Letter from Donna Laake RE: Abatement of high Grass/Weeds

 

Mr. Gabbard asked that a letter be sent to the Law Department asking if there is a way to expedite this process and deal with this without Council approval.

 

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

 

7.  Letter from Timothy P. Brown RE: Buxton Avenue Residents

 

On a motion by Ms. Kelly, seconded by Mr. Mumper, it was moved that the letter be received and filed and that the matter be forwarded on to the Law Department for follow up.  All members present voted YES.

 

8.  Letter from Chief Schlie RE: Quatman Café Inc.

 

9.  Letter from Donna Laake RE: Quatman Café Inc.

 

10.  Letter from Liquor Control RE: Quatman Café Inc.

 

On a motion by Mr. Sanker, seconded by Mr. Mumper, it was moved that letters 8, 9 and 10 be received and filed and that no objection be filed with Liquor Control.  All members present voted YES.

 

11.  Letter from Liquor Control RE: Kkusum, Inc. DBA Quick Pick

 

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

 

12.  Letter from Liquor Control RE: Kkusum, Inc. DBA Quick Pick

 

As amended, this item was considered previously.

 

Q)  EXCUSE ABSENT MEMBERS

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved that the absent member be excused.  All members present voted YES.

 

R)  ADJOURNMENT

 

On a motion by Mr. Mumper, 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