Norwood City Council

Council Chambers

January 8, 2008

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, Mr. Thornbury, Mr. Barlow and Mr. Mumper

E) AMENDMENT OF AGENDA

On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to amend the agenda by moving Ordinance I-A and Ordinance I-B to immediately following the Public Hearing on each matter, to move Communication N-1 to before Ordinance I-D and to add Communication N-9. All members present voted YES.

F) PUBLIC HEARINGS

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

1) 1694 Sherman Avenue

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

Virginia Newton, Norwood Resident, 1705 West Street. Ms. Newton stated that she attended the Planning Commission Meeting and that she was in favor of the Ordinance because it will upgrade the entire area. She mentioned that her husband and she have never had a problem with Monarch Construction and that they have always been a very good neighbor.

C. Francis Barret, attorney for Monarch Construction Company, along with John Grier, Architect and Ronald Ketters, Chairman and CEO of Monarch. Mr. Barrett stated that Monarch Construction has been in Norwood since 1964 and has been a responsible corporate citizen. The reason for the zone change request is to add a parking lot for Monarch’s employees that will be protected and screened. Mr. Grier showed plans and gave a description of the changes. Mr. Ketters said that this will be an enhancement to the neighborhood and that he has not heard any opposition to the plans. He mentioned that Norwood residents Terry Watts and Jack Mastin were in support of this zone change and that the neighbors seemed excited about all this.

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

Mr. Moore stated that there was some initial concern on this matter but since the Planning Commission Meeting and after reviewing the plans, the residents have expressed that they are in favor of this.

Mr. Mumper added that the Planning Commission recommended this approval.

As amended, Council then considered the following item:

I-A) ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE REQUEST FOR A ZONE CHANGE OF PARCEL 651-0049-0079-00 (WHICH ENCOMPASSES 1694 SHERMAN AVENUE, NORWOOD, OHIO 45212) FROM A “ONE-FAMILY AND TWO-FAMILY RESIDENCE DISTRICT” (R-2) TO THAT OF A “LIGHT MANUFACTURING DISTRICT” (M-1)

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

2) 2049, 2051 and 2059 Sherman Avenue

When the Public Hearing opened, the following came forward to speak in favor of the zone change (against the Ordinance).

Al Boehm, 2052 Elm Avenue. Mr. Boehm noted that he would like to take this opportunity to congratulate those who were elected/re-elected and for running a clean campaign. Mr. Boehm stated that he is an experienced real estate agent and has been a member of the Board of Zoning Appeals for ten years. Mr. Boehm stated he is aware of the concerns about negative properties coming in and that we have to protect the community against that possibility.

Lois Schneider, 4215 Forest Avenue. Ms. Schneider stated the importance of helping small businesses that have been in Norwood for a long time.

Steve Sharrock, Remax Preferred Group. Mr. Sharrock stated he has watched Norwood grow as a city. Residential clients twenty years ago that used to be called “yuppies” were unlikely to include Norwood in their search parameters; now these same buyers search Norwood right along with Hyde Park, Mount Lookout and Oakley. He said that the people in Norwood, its government, its developers and anyone involved in Norwood’s progression should be applauded for Norwood’s success. Additionally, this particular block may have a future in retail and commercial, not residential. The suitors for Dr. Powell’s property are all commercially oriented.

Jerry Klems is a friend of Dr. Powell’s and lived in the City of Norwood for 66 years. Mr. Klems said that Dr. Powell has been paying commercial property taxes, not residential for that property. Mr. Klems added that this family has been doing business in Norwood for 77 years and he’s asking Council to please help solve this problem for Dr. Powell.

Dr. Thomas E. Powell, Property Owner, 2049 Sherman Avenue. Dr. Powell said that his family has a long reputation with Norwood and that his father came here 77 years ago to establish a dental practice and stayed at its Sherman Avenue location for 67 years. Dr. Powell said that he is looking for someone who will maintain the character and quality of that property. This property had always been zoned business and it wasn’t until he put the property up for sale that he found out that back in 1986 there was a change in zoning. Dr. Powell went on to say that this structure can not be changed to multi-family with all the renovation and remodeling that has been done to this business over the years; to do anything to try to change it would seriously compromise the stability of the structure.

On a motion by Mr. Gabbard, seconded by Mr. Sanker, it was moved to allow Dr. Powell additional time to speak. All members present voted YES.

Dr. Powell passed around photos of the property and stated that his family did a lot for this city and this city has also done a lot for his family. The area used to be a very desirable residential area, it’s just not that way anymore. Times have changed. Nearby homes have been taken down for the Health Department, for parking lots, and for other commercial uses. There is only one residential home in that area. Dr. Powell said that this is not a situation where someone is trying to get rich; this is trying to find a suitable occupant that can take that property and do something with it to make it an asset to Norwood.

The following came forward to speak against the zone change (in favor of the Ordinance).

Will McGuire, 2051 Sherman Avenue. Mr. McGuire lives between the Norwood Health Department and Dr. Powell’s office. He states that he has lived there for eleven years and that he believes it is a good residential area. Mr. McGuire noted that his two sons will be going across the street to Norwood Schools for the next six years and that it’s convenient for them to be living next to the YMCA. Mr. McGuire is concerned that changing the zone will raise his taxes by up to $800 per year.

Having called for those who wish to speak in favor or against the zone change, this Public Hearing is hereby closed.

Mr. Schneider made a motion to table this Ordinance, Mr. Gabbard seconded the motion.

Mr. Mumper mentioned he was aware of the Planning Commission meeting where this zone change was discussed. During that meeting, Dr. Powell was told that if he had a buyer for this property that needed a zone change, he could then apply for a zone change for that buyer.

Mr. Gabbard stated that he would be in favor of re-zoning this area. There are four houses here and we are going to be putting in a medical building right behind these particular houses. Mr. Gabbard added that Council should look at the whole block with an eye to the future.

Mr. Sanker stated that he wanted to clarify that this was the recommendation of the Planning Commission, not the Zoning Board.

Mr. Mumper stated that the point was that the Planning Commission didn’t want to rezone the property where the medical office building is to be located until there was a user for the space. Mr. Mumper doesn’t think it would be expedient to table this and go through the Planning Commission again for a rezoning of the rest of the properties.

Mr. Gabbard agreed. However, we have over two thirds of a block zoned commercial however have four residences stuck on an island in this area. Mr. Gabbard noted he is not really big on tabling this, and would like to get something resolved and move forward.

Mr. Thornbury noted he would be in favor of tabling this. A lot that has been mentioned this evening has raised questions. He would be interested in hearing more of what the Planning Commission’s views and reasons are.

Mr. Gabbard asked if it would be better to place this in the Committee of the Whole so that we can further discuss the Planning Commission decision and have more dialog.

Mr. Mumper asked the Mayor for his opinion as he is a member of the Planning Commission. The Mayor noted there have certainly been valid points. The people who deal with this all the time have their recommendation in front of you. Brigid McGraw, a professional land use attorney gave some her input on this matter. There is concern allowing an open ended commercial use in that area without having some idea of the particular use. This is even more important as this property is so close to the Health Department, schools, and the YMCA. All members of the Planning Commission would be receptive to a specific plan rather than a general open ended zoning change. We need to watch this area closely as we do believe this area has potential. We select people for the Planning Commission who are professionals in that field. Nobody wants to hurt Dr. Powell. The Mayor’s hope is that Council will follow the recommendation and if a plan does develop in the future it should be brought back to the Planning Commission.

Mr. Moore stated he would prefer that rather than table the Ordinance, we have the first reading and place this item in Committee. His fear is that we table it, we will never make a decision on this and the property owners will continue waiting. If this was a question of keeping Dr. Powell then he would do everything he could to do that because he has been an excellent citizen and business owner in Norwood. Without a plan there is not an urgent reason to rezone. Other zone changes like the one we approved tonight included a detailed plan for usage. We want to know what’s going in there to protect what’s around it, and we have not yet seen any of that here.

Mr. Gabbard noted he would like to withdraw his second on tabling the ordinance.

Mr. Schneider said that after listening to everyone speak; he still thinks that we should table the ordinance. We have Mr. McGuire raising a family who doesn’t want his taxes to be raised. We have Dr. Powell who is closing his business but wants to do something with his property that he has held on to for years. Tabling it tells the people in this audience to go back to the drawing board and come back with something that’s feasible.

Ms. Grote asked if there was a second on tabling the ordinance. There was no second so the motion failed.

As amended, Council then considered the following item:

I-B) ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE REQUEST FOR A ZONE CHANGE OF PARCELS 651-0026-0019-00, 651-0026-0018-00, 651-0025-0130-00, 651-0026-0017-00, 651-0026-0016-00, 651-0026-0015-00 (WHICH ENCOMPASSES 2049, 2051 AND 2059 SHERMAN AVENUE, NORWOOD, OHIO 45212) FROM A “MULTI-FAMILY DISTRICT” (R-3) TO THAT OF AN “OFFICE DISTRICT” (O)

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to hear the first reading of the Ordinance and place this into Committee of the Whole. The following members voted YES: Mr. Gabbard, Mr. Sanker, Mr. Moore, Mr. Thornbury, Mr. Barlow and Mr. Mumper. The following member voted NO: Mr. Schneider

G) requests to address council on agenda items

There were no requests to address Council.

H) REPORTS OF STANDING COMMITTEES OF COUNCIL

1. Community Development RE: Wild Oats to Whole Foods Market sign change

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

I) INTRODUCTORY READINGS OF ORDINANCES

A) ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE REQUEST FOR A ZONE CHANGE OF PARCEL 651-0049-0079-00 (WHICH ENCOMPASSES 1694 SHERMAN AVENUE, NORWOOD, OHIO 45212) FROM A “ONE-FAMILY AND TWO-FAMILY RESIDENCE DISTRICT” (R-2) TO THAT OF A “LIGHT MANUFACTURING DISTRICT” (M-1)

As amended, this item was considered previously.

B) ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE REQUEST FOR A ZONE CHANGE OF PARCELS 651-0026-0019-00, 651-0026-0018-00, 651-0025-0130-00, 651-0026-0017-00, 651-0026-0016-00, 651-0026-0015-00 (WHICH ENCOMPASSES 2049, 2051 AND 2059 SHERMAN AVENUE, NORWOOD, OHIO 45212) FROM A “MULTI-FAMILY DISTRICT” (R-3) TO THAT OF AN “OFFICE DISTRICT” (O)

As amended, this item was considered previously.

C) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE-SAFETY TO ENTER INTO A CONTRACT WITH JMA CONSULTANTS, INC. FOR THE PREPARATION OF ENGINEERING CONTRACT DOCUMENTS FOR THE MARION AVENUE IMPROVEMENT PROJECT WITHIN THE CITY OF NORWOOD, OHIO AT A COST NOT TO EXCEED $80,000.00

Mr. Gabbard said that he would like to thank Mr. Geers for his hard work in getting this grant and getting the project started. Council committed to this last year when we brought the levy up and this is evidence of honoring that commitment.

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

As amended, Council then considered the following item:

N-1. Letter from John Hanrahan RE: Tax Clerk Position

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

D) ORDINANCE MAINTAINING THE PART-TIME HOURLY TAX CLERK POSITION ESTABLISHED BY ORDINANCE 34-2005 FOR THE REMAINDER OF CALENDAR YEAR 2008, AND DECLARING AN EMERGENCY

Mr. Mumper said that it was brought to his attention that the pay rate went up $1 from the previous which is a 6 ¼ percent raise, higher than the amount that we have given out to others. Mr. Mumper proposed that we have one reading of this Ordinance and ask Mr. Molony to get back to us on details.

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

J) ADMINISTRATION REPORTS

Mayor Williams was present and read his annual report to Council.

When opened for questions, Mr. Schneider mentioned the general problem of potholes and mentioned a specific pothole at Floral and Park Avenue. Mr. Schneider asked if the DuraPatch machine could be utilized for this and similar patching. The Mayor mentioned that the DuraPatch has not yet been out due to financing delays. Mayor Williams mentioned that he would update Mr. Schneider on progress.

Mr. Schneider mentioned that he had six comments on how nice the holiday decorations looked and that wanted to thank Public Works for a job well done.

Mr. Kiser was present and gave his annual report to Council. Mr. Kiser said that he plans to be at Council meetings as often as possible and that he is very accessible and takes this position very seriously. Mr. Kiser looks forward to working with Council and Administration.

Mr. Sanker asked Mr. Kiser if he could announce what the current Mayor’s Court hours are. Mr. Kiser answered that it is currently Monday at 9:00 AM and Thursday at 5:00 PM.

Mr. Thornbury asked Mr. Kiser about the status of Mayor’s Court. Mr. Kiser answered that as of now, Mayor’s Courts are still intact. There were some changes in education requirements for magistrates, but that was aimed mostly at Mayor’s serving as magistrates and that is not the situation in Norwood.

Mr. Gabbard asked Mr. Kiser if he could give an update of when Council might see the new sexual predator ordinance. Mr. Kiser said that a draft is prepared and he would like to go back and work on that actively now that he is Norwood’s Law Director.

Mr. Mumper asked the same question about the Vacant House Ordinance. Mr. Kiser said that this is basically in the same state. Mr. Kiser believes that we need to move forward with both those areas – sexual predators and vacant houses.

K) OTHER REQUESTS TO ADDRESS COUNCIL

There were no requests to address Council.

L) UNFINISHED BUSINESS

Mr. Moore explained that the issue of Financial Recovery has been in the Committee of the Whole for quite some time. Mr. Moore explained that although we are out of our financial crisis, we are still in Fiscal Watch because we can’t yet produce a GAAP Report for 2006.

Mr. Mumper announced that there will be a Committee of the Whole Meeting on Tuesday, January 15, 2008 at 7:00 pm.

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to place Financial Planning and Management into Committee of the Whole. All members present voted YES.

M) NEW BUSINESS

Mr. Schneider placed Vacant Homes into the Committee of the Whole.

Mr. Moore placed Property Maintenance into the Community Development Committee.

Mr. Barlow placed Chapter 1759 - Trees, Weeds and Grass from the Norwood Codified Ordinances into the Law and Ordinance Committee.

Mr. Gabbard placed Rental Property/Certificate of Occupancy Fees into Committee of the Whole.

Mr. Moore placed Community Center Renovations into the Parks and Recreation Committee.

Mr. Gabbard placed the topic of Sexual Predators into Committee of the Whole.

N) COMMUNICATIONS

1. Letter from John Hanrahan RE: Tax Clerk Position

As amended, this item was considered previously.

2. Letter from Mayor RE: Tree Board Appointment

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

3. Letter from Mayor RE: Board of Health Appointment

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

4. Letter from Mayor RE: Yearly Report

This letter was withdrawn from the agenda by request of the Mayor.

5. Letter from Recreation RE: Thank You Letter

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

6. Letter from Recreation RE: Commission Meeting

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

7. Letter from Donna Laake RE: Property Liens

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

8. Letter from OKI RE: 2008 OKI Appointment

Mr. Schneider said that he thinks this is a worthwhile organization and that he will continue to represent the city if Council so desires.

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

As amended, Council then considered the following item:

9. Letter from Planning Commission RE: Public Hearing

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved that the letter be received and filed and that the Public Hearing be set for March 11, 2008 and to request a copy of the new test from the Planning Commission as soon as possible. All members present voted YES.

O) EXCUSE ABSENT MEMBERS

All members were present.

P) ADJOURNMENT

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

______________________________ ______________________________

J. Brian Mumper Jane M. Grote

Clerk of Council President of Council