Norwood City
Council
Council
Chambers
A) CALL TO ORDER
The Council for the City of Norwood met in regular session on the above date with President Jane M. 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. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, and Mr. DeLuca.
E) AMENDMENT OF AGENDA:
On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to amend the agenda by adding Committee Reports 5) and 6), adding Introductory Reading of Ordinance B), by removing item G-1) Request to Address Council, by moving Communications 1) and 4) to M), by adding Communication 5), and by moving J-a) immediately after Public Hearing B). All members present voted YES.
F) Public Hearings
Council then moved to Public Hearings with an explanation of the general format of Public Hearings provided by Ms. Grote.
A) THE REZONING OF PARCEL 651-0049-0206, (4533 CARTER) FROM AN R-2 ZONE TO NBD.
Upon receiving a letter from Mr. and Mrs. Lynn Van announcing that they, as new owners, are rescinding their zoning change; this Public Hearing was closed.
B) TO CONSIDER THE PLACEMENT OF A PLANNED UNIT DEVELOPMENT OVERLAY IN THE VICINITY OF THE NORWOOD PLAZA.
Mr. Deaton of 1800 Mentor Avenue rose to speak against the Ordinance but rather sought clarification on the terminology. After the call to speak on the public hearing, the hearing closed with no additional attendees speaking either for or against the ordinance.
Council then considered the Ordinance on this topic.
On a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved to suspend the rules and have all three readings of the Ordinance. All members present voted YES.
Mr. DeLuca noted that Xavier University has a contract on the Zumbiel Box property. The Norwood Plaza has been on the market several times, but none of the ideas matched the desired use of the property. A PUD is needed proactively to allow the City to enforce the desire of the community on this property.
Mr. Sanker helped clarify the terminology and specifically explained that the PUD helps to protect the interest of the surrounding community by controlling any development.
Mr. Moore noted that he would normally have a problem with three readings but since this topic has been on Council floor and in the Planning Commission several times with the boundaries reduced, he feels this is a necessary action at this time.
On a motion by Mr. Tracey, seconded by Mr. Mumper, it was moved to pass the Ordinance. All members present voted YES.
G) Requests to address council on agenda items
1. Letter from Mr. &Mrs. Lynn Van re: The rezoning of parcel 651-0049-0206
This was removed from the agenda as Public Hearing A) was removed as well.
H) Reports of Standing committees of council
1. Community Development RE: Rookwood Commons Design Review (DSW)
On a motion by Mr. Fulmer, seconded by Mr. Geers, it was moved to accept the report. All members present voted YES.
2. Community Development RE: Public sign at Shell Hill
Mr. Gabbard asked a question of the Chair of this committee and explained his reasoning for requesting this be placed in committee.
Mr. DeLuca responded that the cost of a sign to meet the needs as described would be prohibitive. Mr. DeLuca noted his concern with vandalism of such a sign at the desired location.
Mr. Fulmer agreed and felt that such a sign may take away from the surrounding residents and the forthcoming developments. Mr. Fulmer reminded that there are similar bulletin boards at City Hall, the Community Center, and Surrey Square.
On a motion by Mr. Tracey, seconded by Mr. Fulmer, it was moved to accept the report. All members present voted YES.
3. Community Development RE: Cornerstone at Norwood Design Review (Gold’s Gym)
Mr. DeLuca mentioned that Gold’s Gym is scheduled to open in early November. The developer is making great progress on leasing their space and Phase II will start immediately after Phase I is complete.
On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to accept the report. All members present voted YES.
4. Law and Ordinance RE: Hiring and Wage Freeze
Mr. Moore mentioned that this freeze will only cover non-contract employees.
On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to accept the report and send a letter to the Law Department asking that the Ordinance be drafted. All members present voted YES.
5. Finance and Claims RE: Claims of John Snyder, Brian Phillips, Jessica Vachon, Rose Johnson
On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to accept the report. All members present voted YES.
6. Finance and Claims RE: 2004 Appropriations
On a motion by Mr. DeLuca, seconded by Mr. Geers, it was moved to accept the report and add the Ordinance as the next item of business. All members present voted YES.
ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2004
Mr. Sanker mentioned that this change in appropriations is necessary to adjust the Recreation fund to take advantage of the 21st Century Grant and moves money among other keys as necessary.
On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to suspend the rules and have all three readings of the Ordinance. All members present voted YES.
On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to pass the Ordinance. All members present voted YES.
I) Second readings of Ordinances
A) ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR AND SOLICIT PROPOSALS FROM CONSTRUCTION MANAGEMENT SERVICE PROVIDERS REGARDING THE CONSTRUCTION OF PARKING GARAGES IN THE ROOKWOOD EXCHANGE PROJECT, AND DECLARING AN EMERGENCY.
On a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved to suspend the rules and have the second and third readings of the Ordinance. All members present voted YES.
On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to pass the Ordinance. All members present voted YES.
B) ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR AND SOLICIT STATEMENTS OF INTEREST AND QUALIFICATIONS FROM PROFESSIONAL DESIGN SERVICES PROVIDERS RELATING TO THE ROOKWOOD EXCHANGE PROJECT, AND DECLARING AN EMERGENCY.
On a motion by Mr. DeLuca, seconded by Mr. Geers, it was moved to suspend the rules and have the second and third readings of the Ordinance. All members present voted YES.
On a motion by Mr. Tracey, seconded by Mr. Mumper, it was moved to pass the Ordinance. All members present voted YES.
J) INTRODUCTORY readings of Ordinances
A) ORDINANCE ADOPTING A PLANNED UNIT DEVELOPMENT OVERLAY ZONE OVER THE VICINITY OF NORWOOD PLAZA.
This item was considered immediately following Public Hearing B).
B) ORDINANCE AUTHORIZING THE CITY ADMINISTRATION TO TAKE THOSE STEPS NECESSARY TO COMPLETE THE ACQUISITION OF THE PROPERTY AT 2652 ATLANTIC AVENUE AND TO CONVEY SAID PROPERTY TO ROOKWOOD PARTNERS, LTD., AND DECLARING AN EMERGENCY.
On a motion by Mr. DeLuca, seconded by Mr. Mumper, it was moved to delay this Ordinance to later in the agenda such that the City’s legal representation in this litigation could be present.
K) INTRODUCTORY readings of RESOLUTIONS
A) RESTATED RESOLUTION OF THE COUNCIL OF THE CITY OF NORWOOD OF HAMILTON COUNTY, OHIO.
On a motion by Mr. Mumper, seconded by Mr. Fulmer, it was moved to amend the Ordinance correcting a typographical error on the bottom of page one. All members present voted YES.
On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved to suspend the rules and have all three readings of the Ordinance, as amended. All members present voted YES.
Mr. Sanker explained that this Resolution clarifies issues with respect to participation in this plan.
On a motion by Mr. Tracey, seconded by Mr. Mumper, it was moved to pass the Ordinance. All members present voted YES.
B) A RESOLUTION DECLARING IT TO BE THE DESIRE OF COUNCIL THAT HALLOWEEN TRICK-OR-TREAT BE CELEBRATED BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M.ON SUNDAY, OCTOBER 31, 2004.
On a motion by Mr. DeLuca, seconded by Mr. Mumper, it was moved to suspend the rules and have the first reading of the Ordinance in its entirety and the second and third readings by caption only. All members present voted YES.
On a motion by Mr. Tracey, seconded by Mr. DeLuca, it was moved to pass the Ordinance. All members present voted YES.
L) ADMINISTRATION REPORTS
Mayor Williams was present and mentioned that the City safety team attended a seminar to improve safety measures and reduce cost to Workmans’ compensation. The City also became members of the Greater Cincinnati Safety Council which will further reduce workers’ compensation payments by two percent.
Administration and several Council Members attended a Senior lunch at Lindner Park. Great event and very well attended.
The Mayor also mentioned that the Police Substation now has four trained volunteers working the station with another four currently in training. This will allow the sub-station to be open and available much more frequently.
The Mayor, Mr. Geers, and Mr. Reeves toured the office building at Cornerstone. This tower is more than 85% leased with tenants including Smith Barney, Gold’s Gym, Lincoln Financial, and a couple medical and dental offices.
Auditor Donnie Jones was also present and when opened for questions, Mr. Fulmer asked a question regarding making payroll and how the month of October looks as of today.
Mr. Jones responded that Oct. 8 payroll looks good at this point and we’ll take each pay period one at a time. We have been able to meet payroll at this point by delaying the payment of other bills. Mr. Jones cited several examples of bills that have been postponed in favor meeting payroll obligations. These will all be due however before the end of the year and we need to wait on the State Auditor’s report to see where we stand. Mr. Jones reiterated that we need to find additional revenue or cut costs dramatically or the problem will continue to get worse in this and coming years.
M)REQUEST TO ADDRESS COUNCIL RE: NON-AGENDA ITEMS:
Jerry Owens addressed Council RE: the Vietnam Memorial Wall being hosted in Norwood during 2006.
For those wishing to contribute to this cause, please send donations to Victory Park Veterans Fund, 2200 Adams Avenue, Norwood Oh 45212.
Timothy Garry and Margaret Wehmeyer whom had requested to address council agreed to allow the consideration of item J-B prior to their address now that legal council was present.
ORDINANCE AUTHORIZING THE CITY ADMINISTRATION TO TAKE THOSE STEPS NECESSARY TO COMPLETE THE ACQUISITION OF THE PROPERTY AT 2652 ATLANTIC AVENUE AND TO CONVEY SAID PROPERTY TO ROOKWOOD PARTNERS, LTD., AND DECLARING AN EMERGENCY.
On a motion by Mr. Deluca, seconded by Mr. Tracey, it was moved to enter into an executive session for the purpose of discussing pending litigation. All members present voted YES.
Council returned from executive session.
On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved to suspend the rules and have all three readings of the Ordinance. All members present voted YES.
On a motion by Mr. Mumper, seconded by Mr. DeLuca, it was moved to pass the Ordinance. All members present voted YES.
On a motion by Mr. Moore, seconded by Mr. Fulmer, it was moved to authorize the filing of an appeal to the Court of Appeals on the declaratory judgment case. All members present voted YES.
Following the consideration of this matter, Council continued with Requests to Address Council.
Timothy Garry addressed Council regarding the Hamilton County Storm Water 2005 program.
On a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved allow Mr. Garry additional time to address Council. All members present voted YES.
Several questions were asked of Mr. Garry on the availability of these model Ordinances and how the Local Government Law Committee is engaged with the HCSWD. Mr. Garry assured that other municipalities are also questioning the cost associated with the legal work relative to the regulations and cited examples.
Margaret Wehmeyer addressed council on the Storm Water program.
N) UNFINISHED BUSINESS
Mr. DeLuca thanked the Tree Board for all of their hard work this summer and this year. Mr. DeLuca mentioned that he had received an award for business beautification, but really the award should go to the Tree Board and he really appreciates their work in making Norwood a better place.
Mr. Fulmer mentioned that although he wrote a letter to the Board of Zoning Appeals the extension to the tower was permitted. He encouraged citizens to get more involved when the Board is addressing a concern in their neighborhood. It is critical that residents attend these meetings.
Mr. Moore requested that a letter be sent to the Law Department asking what changes should be made to our Pit Bulls and Vicious Dogs Ordinance to insure its enforceability. This request is a response to recent judgments against particular sections of similar laws in the State of Ohio. In addition, the letter should request that the Law Department draft an Ordinance adding Pit Bulls to the existing prohibited animals list.
Mr. DeLuca announced that the Community Development and Small Business Committee meeting for Wednesday, September 29 has been changed to start at 2:15pm.
O) NEW BUSINESS
P) COMMUNICATIONS:
1. Letter from the Victory Park Veterans RE: Vietnam Memorial Wall during 2006.
This item was moved to a request to address Council (M).
2. Letter from Ann and Fred Benz RE: Gratitude for Pension and Retirement benefits.
Mr. Fulmer agreed that while many companies ignore their previous pension agreements when times are tough, cities should honor their existing agreements with employees and retirees and set the example.
On a motion by Mr.Fulmer, seconded by Mr. DeLuca, it was moved that the letter be received and filed. All members present voted YES.
3. Letter from the Director of Public Service-Safety RE: Storm Water.
Director of Public Service-Safety recommended that a utility be created with estimated cost of $6 per month per unit. Several other communities have established their own utility which has been successful in accommodating the upcoming regulations.
On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved that the letter be received and filed, to authorize the Director of Public Service-Safety to create a storm water utility, to authorize the work to be carried out by the HCSWD, and to attach a letter questioning the excessive fees charged by the HCSWD associated with preparing legal documents related to the storm water program. All members present voted YES.
4. Letter from Timothy Garry RE: Hamilton County Storm Water 2005 Program.
This item was moved to a request to address Council (M).
5. Letter from the Mayor’s Office RE: Traffic Calming.
On a motion by Mr. Tracey, seconded by Mr. Geers, it was moved that the letter be received and filed. All members present voted YES.
Q) EXCUSE ABSENT MEMBERS
On a motion by Mr. Moore, seconded by Mr. Fulmer, it was moved to excuse the absence of Mrs. Brown. All members present voted YES.
R) ADJOURNMENT
On a motion by Mr. Moore, seconded by Mr. Fulmer, it was moved to adjourn. All members present voted YES.
______________________________ ______________________________
J. Brian Mumper Jane
M. Grote
Clerk of Council President
of Council