Council
Chambers
May 13, 2008
A) CALL TO ORDER
The Council for the City of
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. Barlow, it was moved to amend the agenda by adding a presentation from the Moose Lodge as the first item of business, adding Ordinance I-H, and Communications N-14), N-15), and N-16), by moving Ordinances I-A) and I-B) immediately following the Public Hearing, and by moving Communication N-16) prior to Ordinance I-G). All members present voted YES.
As amended, The Moose Lodge made a presentation to the Norwood Police and Fire Departments.
F) Public Hearings
1.
Public Hearing
RE:
Ms.
Grote opened the Public Hearing by explaining the rules governing the Public
Hearing. When the Public Hearing opened,
the following came forward to speak in Favor of the issue:
v Mr. John Kucia, Administrative
Vice President of Xavier University.
The
following spoke in opposition of the issue:
v Ms. Margaret Wehmeyer,
v Mr. Robert Kelly.
When no one else came forward to speak in favor of or in opposition, the Public Hearing closed.
As amended, Council then considered the following items.
I-A) ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE REQUEST FOR A ZONE CHANGE TO 13.9212 ACRES OF REAL PROPERTY WHICH ENCOMPASSES A PORTION OF THE XAVIER SQUARE PROJECT IN THE CITY OF NORWOOD FROM A “HEAVY MANUFACTURING DISTRICT” (M-2) TO THAT OF A “OFFICE DISTRICT” (O) AND 1.1894 ACRES OF REAL PROPERTY WHICH ENCOMPASSES A PORTION OF THE XAVIER SQUARE PROJECT IN THE CITY OF NORWOOD FROM A “HEAVY MANUFACTURING DISTRICT” (M-2) TO THAT OF A “GENERAL BUSINESS DISTRICT” (GBD) AND PLACING A PLANNED UNIT DEVELOPMENT OVERLAY ZONE OVER 15.5546 ACRES OF REAL PROPERTY WHICH ENCOMPASSES THE ENTIRE XAVIER SQUARE PROJECT.
Prior to
the consideration of the Ordinance Mr. Moore asked representatives of the
development to come forward and explain the development. Ms. Blume,
Mr.
Browning, representing Corporex further explained the details of the
development and clarified the difference in acreage noted on each of the
following Ordinances.
Mr.
Moore asked for the expected payroll of the office space. Mr. Browning answered that the initial
estimates are roughly 400 employees and a total annual salary of more than $15
Million.
Mr.
Thornbury asked if the H&H Grill was part of the development. Ms. Blume responded that the current plan is
to work around the H&H Grill.
Mr.
Schneider asked if there are further plans for expansion. Ms. Blume answered that long term usage would
drive any future acquisitions but the only further plans are to work with the City
of
Mr.
Thornbury asked if the salaries quoted earlier are tax exempt. Ms. Bloom answered that they would be if this
was to be used for academic purposes but since that is not the case the
salaries mentioned are taxable.
Mr.
Schneider asked if
Mr.
Moore raised a concern regarding students abandoning rental property in the
City of
Mr.
Mumper asked the Mayor who evaluates the impact of a new development on City
services. Mayor Williams answered that
the developer works in conjunction with the City to evaluate the impact, but
either way these developments pay into support these services. The impact of this particular development
will likely be minimal since XU security responds to all incidents as
well. The area prior to the development
was likely more susceptible to problems than surrounding areas in the first
place.
On a
motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to hear the first
reading of the Ordinance. All members
present voted YES.
I-B) ORDINANCE APPROVING THE PRELIMINARY PLAN FOR 15.5546 ACRES
OF LAND COMPRISING THE
On a
motion by Mr. Mumper, seconded by Mr. Moore, it was moved to hear the first
reading of the Ordinance and place both Ordinances I-A) and I-B) into the
Community Development Committee. All
members present voted YES.
G) requests to address council on agenda items
H) REPORTS OF STANDING COMMITTEES OF COUNCIL
1.
Community Development Re: Bridge Display/Corner
at
On a
motion by Mr. Mumper, seconded by Mr. Barlow, it was moved to accept the
report. All members present voted YES.
2. Community Development Re: Whole Foods Market – Farmer’s Market
On a
motion by Mr. Mumper, seconded by Mr. Sanker, it was moved to accept the
report. All members present voted YES.
3. Community Development Re: Whole Foods Recycle Bin
On a
motion by Mr. Mumper, seconded by Mr. Barlow, it was moved to accept the
report. All members present voted YES.
4. Finance and Audit Re: 2008 Appropriations
Mr.
Schneider asked the Auditor to explain late fees on a recent lease
payment. Mr. Stith responded that a
payment that was due near the end of March was not appropriated in the original
Appropriations. The Auditor’s Office is
working to have this fee waived.
Mr.
Barlow added that we should be able to anticipate these payments and therefore
meet and address the issue before there is a problem. This City cannot tolerate late fees.
Mr.
Schneider asked if the Auditor’s Office has a good handle on these bill
payments. Mr. Stith confirmed that the
Auditor’s Office has since prepared a lease structure with timing, deadlines,
and schedules of all payments in addition to tracking any Purchase Orders with
insufficient funds.
On a
motion by Mr. Mumper, seconded by Mr. Moore, it was moved to accept the
report. All members present voted YES.
I) INTRODUCTORY
A) ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE REQUEST FOR A ZONE CHANGE TO 13.9212 ACRES OF REAL PROPERTY WHICH ENCOMPASSES A PORTION OF THE XAVIER SQUARE PROJECT IN THE CITY OF NORWOOD FROM A “HEAVY MANUFACTURING DISTRICT” (M-2) TO THAT OF A “OFFICE DISTRICT” (O) AND 1.1894 ACRES OF REAL PROPERTY WHICH ENCOMPASSES A PORTION OF THE XAVIER SQUARE PROJECT IN THE CITY OF NORWOOD FROM A “HEAVY MANUFACTURING DISTRICT” (M-2) TO THAT OF A “GENERAL BUSINESS DISTRICT” (GBD) AND PLACING A PLANNED UNIT DEVELOPMENT OVERLAY ZONE OVER 15.5546 ACRES OF REAL PROPERTY WHICH ENCOMPASSES THE ENTIRE XAVIER SQUARE PROJECT.
As
amended, this item was considered previously.
B)
ORDINANCE APPROVING THE PRELIMINARY PLAN FOR
15.5546 ACRES OF LAND COMPRISING THE
As
amended, this item was considered previously.
Council
then heard a request to address Council from Ms. Margaret Wehmeyer regarding
Ordinance C).
C) ORDINANCE CREATING AND ESTABLISHING THE BUILDING-HAZARD-ABATEMENT FUND, AND DECLARING AN EMERGENCY.
Mr.
Schneider asked the Law Department for a brief overview of this Ordinance. Asst. Law Director, Mr. Brown explained that
this was a request from the Auditor’s Office and is a product of the vacant
housing ordinance passed previously. Mr.
Brown explained that the next Ordinance is related and is part of the housing
strategy. This fund is for the receipt
of incoming grant funds.
On a
motion by Mr. Mumper, 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. Mumper, seconded by Mr. Thornbury, it was moved to pass the
Ordinance. All members present voted
YES.
D) ORDINANCE CREATING AND ESTABLISHING THE COMMUNITY-OUTREACH-PARTNERSHIP-GRANT FUND, AND DECLARING AN EMERGENCY.
On a
motion by Mr. Mumper, 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. Mumper, seconded by Mr. Schneider, it was moved to pass the
Ordinance. All members present voted
YES.
E)
ORDINANCE AUTHORIZING THE MAYOR AND/OR
SAFETY-SERVICE DIRECTOR TO ENTER INTO AN EASEMENT AGREEMENT WITH
Mr.
Moore asked Asst. Law Director Mr. Brown to explain this Ordinance. Mr. Brown explained that this is an easement
agreement for access to and parking over a public right of way. We were always aware that this was coming as
the developer needs legal access to this parcel of property for maintenance,
cleanup, etc.
Mr. Moore
asked for verification that the Law Department has had ample time to review and
assess the urgency for the passing of this Ordinance. Mr. Brown confirmed that the Law Department
has worked with Mr. Burke and has indeed had adequate time to review. Mr. Brown added that a first reading would be
acceptable but there is some urgency to pass this at the next meeting.
On a
motion by Mr. Moore, seconded by Mr. Schneider, it was moved to hear the first
reading of the Ordinance. All members
present voted YES.
F)
ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC
SERVICE-SAFETY TO ENTER INTO A CONTRACT UNDER THE STATE BID PURCHASE PROGRAM
FOR THE PURCHASE OF THREE (3) 2008 FORD CROWN
Mr.
Mumper noted that this item was reported out of the Finance Committee a few
months ago and asked Mr. Barlow if a long term purchase plan has been
accomplished. Mr. Barlow answered that
the long term plan is still a work in progress but this approves three of the
five cruisers that were originally requested.
These three cruisers will replace vehicles with more than 100,000 miles
of service. After the replacement of
these vehicles the cruisers with the most miles will be approximately 50,000.
On a
motion by Mr. Mumper, 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. Mumper, seconded by Mr. Sanker, it was moved to pass the
Ordinance. All members present voted
YES.
As
amended Council then considered the following item.
O-16)
Letter from Mr. Rick Dettmer Re: 2009-2011 CDBG Program
Mr.
Schneider asked Mayor Williams if a full application package will be presented
back to Council. Mayor Williams affirmed
and noted that this Ordinance just puts us into the program and Council will
have input into the final details as in the past.
On a
motion by Mr. Mumper, seconded by Mr. Moore, it was moved that the letter be
received and filed. All members present
voted YES.
G) ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT OF COOPERATION WITH HAMILTON COUNTY, OHIO PURSUANT TO PROVISIONS OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND DECLARING AN EMERGENCY.
On a
motion by Mr. Moore, seconded by Mr. Thornbury, 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.
H) ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2008, AND DECLARING AN EMERGENCY.
On a
motion by Mr. Barlow, 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.
J) ADMINISTRATION
REPORTS
Mayor Williams
was present and noted his pleasure in the formal acknowledgement that the
Mayor
Williams also noted that he expects the Whole Foods Farmer’s market to really
take off and repeated that these will take place on the 2nd and 4th
Tuesdays of each month.
Mayor
Williams also explained that the City is actively involved in many large projects
and that the City will be cautious about any and all expenses for these
projects. Mr. Geers is acting as the
General Contractor on the Waterworks project where there are many improvements
going on concurrently. City Hall will
also need major work to repair water damage incurred throughout the years. In addition, the Community Center is long
overdue for maintenance.
There
are other issues throughout City buildings as well and we will work on these
projects to keep costs as low as possible and pay for these up front avoiding
incurring significant debt. This will be
a lengthy process, but will be done correctly.
Mr.
Stith was also present and added that the Auditor’s Office is currently working
on the GAAP reports for 2006 and 2007.
Mr.
Stith also noted that the Auditor’s Office has recently hired Ms. Kelly Brown
to a union position. Ms. Brown will be
provided ample time to transition her current responsibilities as Secretary to
the Clerk of Council.
Lastly,
Mr. Stith noted that Department Heads are receiving regular reports so that
more educated decisions can be made on their purchase requests. In the near future, these reports will be
available online.
Mr.
Kiser presented a Law Director’s report and echoed Mayor William’s comments
about the Norfolk-Southern proposed lease agreements. These were completely one sided and any
future discussions will be difficult.
Mr.
Kiser also commented on the need for maintenance at City Hall. Of particular concern is water damage to the
areas where we currently archive legal documents. All documents have remained safe, but the
threat of water damage is an ongoing concern.
When
opened for questions, Mr. Schneider asked for details on the negotiations with
the railroad property. At one point they
seemed to be in favor of the ‘Rails to Trails’ project. Mr. Kiser responded that the initial proposal
was not even close for a dozen or more reasons.
Mr.
Schneider asked if the City can use the nuisance ordinance as a bargaining chip
as we have consistently had issues with the railroad properties in the
City. Mr. Kiser responded that while the
Law Department is not an enforcement arm, the Law Department is willing to work
with the Building Department and Health Department and if nothing else we
should be able to abate problems as they arise.
K) OTHER REQUESTS TO
ADDRESS COUNCIL
L) UNFINISHED BUSINESS
M) NEW BUSINESS
Mr.
Barlow mentioned that a new fire pumper will need to be purchased or leased at some
point this year and Council should provide any thoughts or questions on the
matter as soon as possible.
N) COMMUNICATIONS
1. Letter from Mayor Re: Mayor’s Court Fines.
On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved that the letter be received and filed. All members present voted YES.
2. Letter from John Hanrahan Re: April 2008 Tax Report.
On a motion by Mr. Moore, seconded by Mr. Schneider, it was moved that the letter be received and filed. All members present voted YES.
3.
Letter from
On a motion by Mr. Moore, seconded by Mr. Thornbury, it was moved that the letter be received and filed. All members present voted YES.
4.
Letter from
On a motion by Mr. Moore, seconded by Mr. Schneider, it was moved that the letter be received and filed. All members present voted YES.
5. Letter from Jerry Owens Re: Memorial Day Ceremony.
On a motion by Mr. Thornbury, 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: Empire Tavern.
7. Letter from John Hanrahan Re: Empire Tavern.
8. Response from Gerry Stoker Re: Empire Tavern.
9. Letter from Liquor Control Re: Empire Tavern.
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that letters N-6), N-7), N-8), and N-9) be received and filed together as if read. All members present voted YES.
10. Letter from Chief Schlie Re: CVS Pharmacy.
11. Letter from John Hanrahan Re: CVS Pharmacy.
12. Response from Gerry Stoker Re: CVS Pharmacy.
13. Letter from Liquor Control Re: CVS Pharmacy.
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that the letters N-10), N-11), N-12, and N-13 be received and filed together as if read. All members present voted YES.
14. Letter from Ms. Donna Laake Re: High Grass Abatement.
On a motion by Mr. Mumper, seconded by Mr. Barlow, it was moved that the letter be received and filed, that liens be filed as requested, and request the Law Department draft the necessary legislation. All members present voted YES.
15. Letter from Carrie Town Re: Planning Commission Public Hearing.
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that the letter be received and filed and that the Public Hearing be set for the July 8th meeting. All members present voted YES.
16. Letter from Mr. Rick Dettmer Re: 2009-2011 CDBG Program.
As amended, this item was considered previously.
O) EXCUSE ABSENT MEMBERS
All
members were present.
P) ADJOURNMENT
On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to adjourn. All members present voted YES.
______________________________ ______________________________
J. Brian Mumper Jane
M. Grote
Clerk of Council President
of Council