BLUE ASH CITY COUNCIL. September 10, 2009

Transcription

1 Page 1 A regular meeting of the Council of the City of Blue Ash, Ohio, was held on September 10, Mayor Robert J. Buckman, Jr. called the meeting to order in Council Chambers at 7:00 PM. OPENING CEREMONIES Mayor Buckman led those assembled in the Pledge of Allegiance. ROLL CALL MEMBERS PRESENT: Councilman Tom Adamec, Councilman Rick Bryan, Mayor Robert Buckman, Councilman Lee Czerwonka, Councilwoman Stephanie Stoller, and Vice Mayor Mark Weber MEMBER ABSENT: Councilman James W. Sumner Councilman Czerwonka moved, Councilman Bryan seconded to excuse Councilman Sumner from the meeting. A voice vote was taken. All members present voted yes. Motion carried. ALSO PRESENT: City Manager David Waltz, Deputy Solicitor Bryan Pacheco, Clerk of Council Jamie Eifert, Deputy Clerk of Council Sue Bennett, Treasurer/Administrative Services Director James Pfeffer, Parks & Recreation Director Chuck Funk, Fire Chief Rick Brown, Assistant Community Development Director Dan Johnson, and interested citizens 7:00PM - PUBLIC HEARING Ordinance No (first reading) - consideration of a modification to an approved planned development for the development formerly known as Shoppes of Hazelwood on Cornell Road The Clerk was asked to read Ordinance No in its entirety: THEN WAS PRESENTED AND READ IN ITS ENTIRETY: ORDINANCE NO APPROVING A MAJOR MODIFICATION TO THE CORNELL OFFICE CENTER PLANNED DEVELOPMENT (FORMERLY KNOWN AS SHOPPES OF HAZELWOOD ), LOCATED ON THE SOUTH SIDE OF CORNELL ROAD BETWEEN CENTENNIAL AND KEMPER AVENUES, TO PERMIT SUBDIVISION OF THE EXISTING PARCEL AND CONSTRUCTION OF AN ESTIMATED 4,500 SQUARE FOOT COMMERCIAL BUILDING Mr. Norm Frankowski of Flagel & Papakirk LLC, attorneys for Stock Loan Services (owner of the property), explained that Stock Loan took ownership of the subject property at foreclosure. To date, one building has been built on the property a landominium. The property has five parcels, four where the building sets and one large parcel. One of Stock Loan s requests is to split the large parcel into two parcels, with plans to put a commercial building on one of the parcels. They would like to further subdivide the second parcel. Mr. Frankowski also explained their request for Council to consider passage of this ordinance as an emergency ordinance and to waive the ordinance s second reading. Overall, he commented that moving forward on the project will benefit the citizen s welfare by showing immediate proof that development is happening in Blue Ash, despite a down economy; that immediate renewal of the property and renewal of vigilance and accountability to prevent and remove potential hazards (such as a hole and rusty saw blade which was brought up by area citizens at the Planning Commission meeting) would improve the citizens health and safety; and that evidence showing Blue Ash as a place where people and businesses want to be is a benefit to citizens welfare. In addressing a question from Vice Mayor Weber, Mr. Frankowski introduced Rick Grinstead of R&D Enterprises (the project architect). It was explained that a major leaseholder for the new building is Dayton Cincinnati Technology Services. It is their intention to either rent the remaining part of the building (to the west) or to hold this area for potential future expansion of their business. He mentioned that he anticipates five employees at this location, with potential to grow to ten or 15.

2 Page 2 Peter Nord, a resident of the Kenridge Lake area, commented that the ordinance requires a lighting standard of zero (0) footcandles. He explained that this is physically not possible and that possibly the wording should specify incremental lighting measurement. Councilwoman Stoller commented that she did attend the Planning Commission meeting and believes this proposed project would be taking care of problems currently on the site. She believes it is a good proposal, that area residents are in support of the plan, and supports Council s approval. Councilman Czerwonka added that he too was at the Planning Commission meeting and was impressed by the applicant s desire to work with the City and residents, including adjusting of the lighting. Councilman Adamec concurred. City Manager Waltz added that what few issues the residents had with this proposed project appear to have been addressed by the applicant. He is unaware of any unanswered concerns. In addressing a question from Councilman Bryan, Mr. Frankowski commented that the purchase of unit #4 of the existing building is set for closing (to finalize purchase) on October 9. If Council approves their proposed project, they are ready to move forward immediately with marketing efforts for the commercial project being proposed this evening. In addressing a question from Councilman Bryan, Deputy Solicitor Bryan Pacheco commented that the effect of making it an emergency ordinance connotes that the ordinance would go into effect immediately, as compared to the Charter requirement of 30 days (later corrected to be 40 days). City Manager Waltz commented that the ordinance was written and submitted to Council assuming two readings (the first tonight), as are most property development/zoning-related ordinances, and he was made aware of the applicant s request for it to be an emergency just earlier today. It is his understanding that most of the adjoining neighbors were in attendance at the Planning Commission meeting, and that they were satisfied with the project. He added that the proposed project is not much different than the project already approved on the site. After brief discussion, it was the consensus of Council that the applicant should come back to the next Council meeting, with further consideration of their request for the ordinance to be an emergency to be considered at that time. There being no further questions from Council or the public, the public hearing was declared closed at approximately 7:27PM. Mayor Buckman appointed Chuck Funk to read the legislation (ordinances) in their entirety in the rear of Council Chambers. ACCEPTANCE OF AGENDA Councilman Bryan moved, Councilman Adamec seconded to accept the agenda as revised. A voice vote was taken. All members present voted yes. Motion carried. Mayor Buckman explained that tonight s meeting is somewhat different due to the fact that Council action is included on the agenda after the Executive Session. He explained that Council will move to a nearby conference room for that Executive Session and will reconvene back in Council Chambers for that item (#13 on the agenda). Anyone is welcome to stay in the Chambers for Council s return to consider that item scheduled after the Session. Councilwoman Stoller moved to add to the agenda under Committee Reports Ordinance No discussed during the public hearing. After some discussion, it was determined best for this to be discussed at the next Council meeting. 1. MEETING CALLED TO ORDER 2. OPENING CEREMONIES 3. ROLL CALL - Clerk of Council Jamie K. Eifert 4. 7:00PM - PUBLIC HEARING Ordinance No (first reading) - consideration of a modification to an approved planned development for the development formerly known as Shoppes of Hazelwood on Cornell Road 5. APPOINTMENT OF PERSON(S) TO READ ORDINANCES IN FULL IN REAR OF COUNCIL CHAMBERS 6. ACCEPTANCE OF AGENDA 7. APPROVAL OF MINUTES

3 Page 3 a. Regular Meeting of August 13, COMMUNICATIONS a. Communications to Council - Clerk of Council Jamie K. Eifert b. Reports From Outside Agencies 9. HEARINGS FROM CITIZENS 10. COMMITTEE REPORTS a. Finance & Administration Committee, Rick Bryan, Chairperson 1. Ordinance No , authorizing management contract 2. Motion setting 6:30PM, Tuesday, December 1, 2009 as the Council swearing-in ceremony; setting 6:30PM, Tuesday, December 8, 2009 as the Budget Study session; and cancelling the regular meeting of November 19, Motion authorizing payment of expenses associated with Student Government Day (October 8, 2009) b. Public Safety Committee, Stephanie Stoller, Chairperson 1. Resolution No , establishing trick-or-treat hours in Blue Ash as 6PM to 8PM Saturday, October MISCELLANEOUS BUSINESS 12. EXECUTIVE SESSION Personnel Matter (Collective Bargaining Update) & Litigation 13. Motion regarding the recommendation of the Fact Finder s report regarding International Association of Firefighter collective bargaining unit (IAFF 3203) 14. ADJOURNMENT APPROVAL OF MINUTES Councilman Czerwonka moved, Councilman Bryan seconded to approve the minutes of the regular meeting of August 13, A voice vote was taken. All members present voted yes. Motion carried. COMMUNICATIONS Communications to Council The following liquor permit was presented: TO: Walgreen Co, DBA Walgreens 02697, 9580 Kenwood Road TYPE: New PERMIT #: PERMIT CLASSES: C1, C2 It was explained that the C1 and C2 permits are retail carry-out permits. C-1 allows beer only in sealed containers, carry-out only. C-2 allows wine and some pre-packaged mixed drinks in sealed containers, carry-out only. The Police Department has reviewed the permit and does not object. No objections were expressed by Council. Reports From Outside Agencies There were no representatives from outside agencies present at the meeting. HEARINGS FROM CITIZENS Peter Nord from the Kenridge Lake neighborhood made note of a traffic signal with lights out at Kenwood and Cooper Road (heading eastbound on Cooper, the lights on the left part of the signal, including the green light and the left-turn arrow). Dr. Nord also mentioned an issue with a small business, Chef C on Hunt Road. He noted that during the Taste of Blue Ash, this small restaurant loses all its business (and closes on Saturday), and he suggested the City attempt to assist this business. Dr. Nord also distributed menus to Council representatives from this restaurant. Hearings from Citizens was declared closed at approximately 7:31PM.

4 Page 4 COMMITTEE REPORTS Prior to the Council meeting, Council members received the following report describing agenda items: The following offers a brief description of the topics included on the August 13 Council agenda: 4. and 7:00PM - PUBLIC HEARING Ordinance No (first reading) - consideration of a modification to an approved planned development for the development formerly known as Shoppes of Hazelwood on Cornell Road The City is in receipt of an application for a major modification to the Cornell Office Center planned development on the south side of Cornell Road between Kemper and Centennial Avenues. This application involves a development formerly named Shoppes of Hazelwood and includes a permit to subdivide the existing parcel, and construction of an estimated 4,500 square foot commercial building for Dayton Cincinnati Technology Services. The building would allow for two leasable spaces (although the company may choose to use that space to accommodate future growth). The original Shoppes of Hazelwood plan (as approved by Ordinance No ) was designed to include three buildings, all of which would have similar appearances to the one building that was built. That project did not succeed, and the current property owner (a creditor to the original development) purchased the property at foreclosure. The development plan shows adequate parking to support the proposed commercial development. The new owner has also been working to rescue the existing building, to resolve issues with the site, and to find buyers for the units. They have also begun working with a landscaping company to clean up and maintain the existing landscaping and to plant the buffer required of the original development (likely to be a row of columnar Junipers to be installed this fall). The proposed modification also permits the subdivision of the existing parcel to allow the creation of the lot for this use and the landominium lots for the existing building. The subdivision would not result in any new public land or infrastructure. The Planning Commission reviewed this item at their August 6 meeting, and recommended approval unanimously. Their conditions are incorporated into the ordinance, and the fence required by the Planning Commission along the rear of the property (adjacent to the residentially-zoned property) is expected to be shown on their plans which will be on display at the meeting and hearing. The applicant will also be in attendance to address questions from the public or Council regarding the plans. Thursday s meeting represents this ordinance s public hearing and first reading, with the second reading and vote to be on the September 24 agenda. Please direct questions regarding this development/ordinance to Dan Johnson, the Assistant Community Development Director, at or djohnson@blueash.com. 10.a.1. Ordinance No Authorizing management contract The need exists for confirmation of the City Manager s employment agreement as recently directed by the Mayor and Council. Please direct questions regarding this item to the Deputy Solicitor, Bryan Pacheco. 10.a.2. Motion setting 6:30PM, Tuesday, December 1, 2009 as the Council swearing-in ceremony; setting 6:30PM, Tuesday, December 8, 2009 as the Budget Study session; and cancelling the regular meeting of November 19, 2009 As discussed at the August meeting, this motion formalizes the establishment of Council meetings later this year, including setting of the Council swearing-in as Tuesday, December 1 (6:30PM); setting the Council Budget Study Session as Tuesday, December 8 (6:30PM); and cancelling the regular meeting of November a.3. Motion authorizing payment of expenses associated with Student Government Day (October 8 Council meeting) Contact has been made with local high schools, and Student Government Day has been scheduled for Thursday, October 8, this year. This motion would appropriately authorize related expenses, which include dinner that evening with the Administration/Council as well as lunch at the Sandtrap. The Administration is working with Sycamore, Ursuline, and Moeller to finalize this year s student participation. Please address questions regarding Student Government Day to the Public Information Officer or Treasurer. 10.b.1. Resolution No Establishing trick-or-treat hours in Blue Ash as 6PM to 8PM Saturday, October 31 Every year, City Council authorizes a resolution establishing the date and time to observe Halloween activities within the City. Traditionally, the City has recognized Halloween activities on the date of Halloween, October 31st. This resolution establishes Saturday, October 31, from 6 to 8PM as the time to observe the occasion of Halloween. Blue Ash Police and Fire personnel will be patrolling the streets and handing out candy to children while insuring that the safety of all is protected. Finance & Administration Committee, Rick Bryan, Chairperson Councilman Bryan asked the Clerk to read Ordinance No by title only. THEN WAS PRESENTED AND READ BY TITLE ONLY:

5 Page 5 ORDINANCE NO AUTHORIZING A MANAGER EMPLOYMENT AGREEMENT WITH DAVID M. WALTZ PER ARTICLE V OF THE CHARTER OF THE CITY OF BLUE ASH; AND DECLARING AN EMERGENCY Councilman Bryan moved, Councilwoman Stoller seconded to suspend the rules of Council requiring a second reading of the ordinance. The Clerk called the roll. Councilpersons Stoller, Weber, Adamec, Czerwonka, Bryan, and Mayor Buckman voted yes. Six yeses. Motion carried. Councilman Bryan moved, Councilman Adamec seconded to adopt Ordinance No Vice Mayor Weber commented that he believes City Manager Waltz to be a treasured employee of the City. Councilman Bryan commented briefly on the evaluation process recently undergone among Council and the City Manager and explained it included input from each Council representative as well as the City Manager. He further noted that Mr. Waltz could not have been rated more highly in terms of his leadership skills, sense of vision, and planning abilities, among other qualities. He also noted that in light of the current economic times, Mr. Waltz suggested that he receive no salary increase, which recommendation Council accepted. After brief discussion, the Clerk called the roll. Councilpersons Weber, Adamec, Czerwonka, Bryan, Stoller, and Mayor Buckman voted yes. Six yeses. Ordinance No passed. Councilman Bryan moved Councilman Adamec seconded to set 6:30PM, Tuesday, December 1, 2009 as the Council swearing-in ceremony; to set 6:30PM, Tuesday, December 8, 2009 as the Budget Study session; and to cancel the regular meeting of November 19, A voice vote was taken. All members present voted yes. Motion carried. Councilman Bryan moved Councilwoman Stoller seconded to authorize payment of expenses associated with Student Government Day (October 8, 2009). A voice vote was taken. All members present voted yes. Motion carried. Public Safety Committee, Stephanie Stoller, Chairperson Councilwoman Stoller asked the Clerk to read Resolution No by title only. THEN WAS PRESENTED AND READ BY TITLE ONLY: RESOLUTION NO AUTHORIZING HALLOWEEN ACTIVITIES AND ESTABLISHING TIME LIMITATIONS IN THE CITY OF BLUE ASH, OHIO, FOR SATURDAY, OCTOBER 31, 2009 Councilwoman Stoller moved, Councilman Czerwonka seconded to adopt Resolution No In addressing a question from Council, it was confirmed that the Police and Fire representatives would be out in the community handing out candy Halloween evening. There being no further discussion, the Clerk called the roll. Councilpersons Adamec, Czerwonka, Bryan, Stoller, Weber, and Mayor Buckman voted yes. Six yeses. Resolution No passed. MISCELLANEOUS BUSINESS Public Information Officer/Deputy Clerk Sue Bennett noted that a student exchange between two high schools in Ilmenau and Blue Ash s Ursuline Academy is set, with German students scheduled to be in the area from October 20 to October 30. A total of 15 students and four adult chaperones/teachers are scheduled to participate. This effort is tied to the Blue Ash Sister City program. City Manager Waltz asked Council their interest in offering an open house type event upon the City s airport park property. He reminded Council that past discussion included a thought that a walk through on the property at some point be offered to the public, similar to Council s walk through held last fall. Some discussion was had regarding this idea and it was the consensus of Council that this should be delayed until the spring when perhaps more might be known as to when the City can move forward. It was also suggested that the City consider

6 Page 6 a potential survey on the City s Open City Hall web forum asking how many residents might be interested in participating in a property walk through. Knowing this would also help in planning a walk through, including determining the number of golf carts that would be needed for participants. Deputy Solicitor Bryan Pacheco confirmed that the effect of an ordinance passed as an emergency would avoid a 40 day delay in making it effective (not 30, as previously indicated during the public hearing). Mayor Buckman complimented the City and Parks & Recreation Department on another successful Taste of Blue Ash. He also confirmed that working with Mr. Waltz as the City Manager over the past three years has been a pleasure. Mayor Buckman also made note of the Sycamore Schools receipt of another excellent rating for the tenth year in a row, earning 30 out of 30 positive indicators, making it a top-level school district in the State. EXECUTIVE SESSION After all items on the agenda were acted upon, Councilman Bryan moved, Councilwoman Stoller seconded to convene an Executive Session to discuss matters pertaining to personnel (collective bargaining update) and litigation. The Clerk called the roll. Councilpersons Czerwonka, Bryan, Stoller, Weber, Adamec, and Mayor Buckman voted yes. Six yeses. Motion carried. After matters pertaining to personnel and litigation were discussed, Councilman Bryan moved, Councilman Adamec seconded to convene to the regular meeting. A voice vote was taken. All Council members voted yes. Motion carried. Motion regarding the recommendation of the Fact Finder s report regarding International Association of Firefighter collective bargaining unit (IAFF 3203) Mayor Buckman moved, Councilman Adamec seconded to accept/affirm the recommendation of the recent Fact Finder s report regarding the International Association of Firefighter collective bargaining unit (IAFF 3203). The Clerk was asked to call the roll. Councilpersons Bryan, Stoller, Weber, Adamec, Czerwonka, and Mayor Buckman voted yes. Six yeses. Motion carried. ADJOURNMENT All items on the agenda having been acted upon, Councilman Bryan moved, Councilwoman Stoller seconded to adjourn the meeting. A voice vote was taken. All members voted yes. The Council meeting was adjourned at approximately 8:22 PM. Jamie K. Eifert, Clerk of Council MINUTES WRITTEN BY: Susan K. Bennett, Deputy Clerk of Council Robert J. Buckman, Jr., Mayor