MIDDLETOWN CITY COUNCIL AGENDA

TUESDAY, April 19, 2016

BUSINESS MEETING – 5:30 pm – COUNCIL CHAMBERS – LOWER LEVEL

1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG

2. ROLL CALL

3. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS

4. CITY MANAGER REPORTS Police Officer Recognition Board and Commission Handbook

5. CONSENT AGENDA. . . Matters listed under the Consent Agenda are considered to be routine and will be enacted by one motion and one vote of consent. There will be no separate discussion of these items. If discussion is desired, that item will be removed and considered separately.

(a) Approve City Council Minutes: April 5, 2016

(b) Confirm Personnel Appointments: Edward Truster- Maintenance Worker, Public Works Department, Division of Streets

(c) Receive and File Board and Commission Minutes: Board of Health-February 9, 2016 Park Board- March 7, 2016 (d) Proclamation Declaring April Fair Housing Month 6. MOTION AGENDA (a) To adopt Statement of Purpose and Rules, attached hereto, for members serving on all City Boards and Commissions.

(b) To require all Board and Commission Members to attend a training session on Board and Commission Guidelines.

COUNCIL COMMENTS

LEGISLATION

1. Resolution No. R2016-09, a resolution to make adjustments to appropriations for current expenses and other expenditures of the City of Middletown, Counties of Butler and Warren, State of Ohio, for the period ending December 31, 2016 and declaring an emergency. (General Fund)

2. Resolution No. R2016-10, a resolution authorizing the purchase of certain real property, located on the southwest corner of Columbia Avenue and Verity Parkway, and declaring an emergency.

3. Ordinance No. O2016-12, an ordinance authorizing the City to enter into a loan agreement with the Ohio Department of Transportation and deliver a related note in the maximum principal amount of $452,000 for the purpose of paying the costs of constructing a two lane with median access road of about 1,200 linear feet from Union Road to the proposed AK Steel Research and Innovation Center and the chemical stabilization and asphalt paving of Wildwood Road, Barnitz Street, Jewell Avenue, Wisconsin Street, Vermont Street and South Main Street as well as an alley along Barnitz Park, together with related improvements and all necessary appurtenances thereto, and authorizing the execution of any additional documents related thereto, and declaring an emergency.

4. Ordinance No. O2016-13, an ordinance establishing a procedure for and authorizing a contract with National Water Services for the rehabilitation of a production well and declaring an emergency

2. Resolution No. R2016-10, a resolution authorizing the purchase of certain real property, located on the southwest corner of Columbia Avenueand Verity Parkway, and declaring an emergency.

S T A F F R E P O R T

For Business Meeting: April 19, 2016

DATE April 7, 2016

FROM: Doug Adkins, City Manager

SUBJECT: Return of old Senior Center to the City

PURPOSE To return title of the old Senior Citizens Center to the City.

BACKGROUND AND FINDINGS As part of the Cincinnati State Technical and Community Center project, the City sold a package of buildings to HEP including the First National Bank building, the old CG&E building and the former Senior Citizen’s Center. Cincinnati State does not have a future use for the old Senior Citizens building and HEP is considering selling the building. HEP has offered to transfer title back to the city for the $20,000 they have incurred to date in purchase and carrying costs associated with the building in lieu of marketing the property to the public. Staff believes the city should take title back to protect future use of the building adjacent to City hall. Once title is back with the city, we have several options. First, we can market the property through a realtor or on our web page for redevelopment. Second, we can renovate and use the space for city functions. Third, we could demolish the building and utilize the space for green park space or additional city parking downtown. ALTERNATIVES Do not complete transfer back to the City. HEP would likely market the property.

RECOMMENDATION Staff recommends that we purchase the old Senior Citizens Center for $20,000 from the General Fund consistent with the attached Purchase Agreement.

EMERGENCY/NON EMERGENCY HEP is completing working on their real estate portfolio at this time and we need to finalize this Purchase Agreement by Emergency to meet their other deadlines.

Doug Adkins states: "First, we can market the property through a realtor or on our web page for redevelopment."

Hmmm…I believe that Mr Doug should call HUD before he puts this property up for sale on the open market.
Since this building was paid for with HUD FUNDING I believe these HUD restriction follow the deed and therefore can not be sold on the open market as per Mr. Doug’s statement. I believe it must remain a non-profit. 

Posted: 4:23 p.m. Wednesday, April 20, 2016

Middletown looks to buy back former senior center building

MIDDLETOWN — 

The city of Middletown wants to buy back the former Middletown Area Senior Citizens Center building at the southwest corner of Columbia Avenue and Verity Parkway, which it previously sold as part of a package deal to Higher Education Partners.

The city had hoped to pass legislation Tuesday approving the $20,000 purchase as an emergency measure — meaning consideration was needed at just one council meeting — but not enough council members were present to do so.

http://www.journal-news.com/news/news/local/grant-to-help-renovate-cincinnati-state-property/nhWm9/" rel="nofollow -  — including the former  http://www.journal-news.com/news/news/local/former-cinergy-building-sold-for-58-million/nfpsM/" rel="nofollow -   http://www.journal-news.com/news/news/local/sale-to-cincinnati-state-gets-citys-ok/nNfmr/" rel="nofollow -  — to HEP for use by the Middletown branch of the Cincinnati State Technical & Community College, according to a written report to council by City Manager Doug Adkins.

But “Cincinnati State does not have a future use for the old senior citizens building and HEP is considering selling the building,” Adkins wrote in his report.

HEP offered to transfer the title back to the city for $20,000, which is the amount it says it has “incurred to date in purchase and carrying costs associated with the building in lieu of marketing the property to the public,” Adkins wrote.

“Staff believes the city should take title back to protect future use of the building adjacent to City Hall,” he said in his report.

Because the city charter discourages use of one-meeting decisions — partly because they limit the opportunity for the public to comment on pending council decisions — at least four of council’s five members must be present at a meeting, and all present must vote to consider legislation on an emergency basis.

But only three council members attended Tuesday’s meeting. Vice Mayor Dora Bronston was out of town and Council Member Talbott Moon was called away at the last minute for a family emergency, so Mayor Larry Mulligan Jr. announced the building sale as well as three other items could not be considered until the May 3 meeting.

Adkins, in his report to council, offered three possible ways Middletown could use the former senior center property: selling it through a real estate company or by advertising it on the city’s website; renovating the space “for city functions”; or “we could demolish the building and utilize the space for green park space or additional city parking downtown.”

Middletown’s purchases and sales of downtown buildings have come with controversy.

The Journal-News reported in 2014  http://www.journal-news.com/news/news/local/city-loses-60000-in-building-business/ndKHL/" rel="nofollow -  in had previously made.

Earlier this year, residents expressed concerns about  http://www.journal-news.com/news/news/local/middletown-council-approves-1-sale-to-distillery-b/nqb6W/" rel="nofollow - - The other three items that did not go to a vote Tuesday:

·                       A resolution adjusting appropriations within the city’s 2016 budget

·                       An ordinance for a loan agreement with the Ohio Department of Transportation to build a two-lane access road from Union Road to the proposed AK Steel Research and Innovation Center and the paving of several roads

·                       An ordinance allowing the city to spend $42,375 to rehabilitate production well No. 7, which in 1999 produced 4 million gallons per day but now provides about half that.