Norwood City Council

Council Chambers

April 25, 2006

 

 

 

 

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, Ms. Kelly and Mr. Mumper.

 

E)   AMENDMENT OF AGENDA:

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to amend the agenda by adding Communication Q-6), Q-7) to be considered immediately following Q-3), by adding Communication Q-8), by adding Ordinance K-C), by adding Ordinance K-D) to be considered immediately following the Approval of Minutes, by moving Ordinance K-B) immediately following the Public Hearing, and by adding Resolution L-B).  All members present voted YES.

 

F)   approve minutes from previous meetings:  Approve minutes from February 28, 2006 and March 14, 2006

 

On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to approve the Minutes as if read.  All members present voted YES.

 

As amended, Council then considered the following item.

 

K-D)  ORDINANCE ACKNOWLEDGING THE GENEROSITY OF CARL AND EDYTH LINDNER AND RENAMING WATERWORKS PARK “CARL H. AND EDYTH LINDNER PARK”

 

Mr. Mumper asked the Mayor to provide details behind this Ordinance.  Mayor Williams provided background on the Ordinance and explained that Mr. and Mrs. Carl Lindner approached the City with regard to donating nearly $1.2 Million towards the renovation of Waterworks Park.  Mr. Lindner cares about his home town, the children of our community, and wants this community to have nice facilities now and in the future.  This donation provides for more than $400,000 in capital improvements to be made immediately as well as more than $700,000 in an endowment to maintain the park.  Mr. Lindner has also provided specific guidelines on the renovation including the resurfacing of the tennis courts, basketball courts, and landscaping.  This Ordinance renames the park on their behalf.

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved to suspend the rules and hear 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. Gabbard, seconded by Mr. Mumper, it was moved to pass the Ordinance.  All members present voted YES.

 

G)  Public hearing:  RE: 3875 Montgomery Road

 

Ms. Grote provided the rules governing the Public Hearing.  When called for those in Favor of the Ordinance, no one approached.  When called for those Against the Ordinance, Ms. Casey Brown approached.  When no one else came forward the Public Hearing closed.

 

As amended, Council then considered the following item.

 

K-B)  ORDINANCE DENYING THE PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT (P.U.D.) PLANS FOR 3875 MONTGOMERY ROAD AND THE PROPOSED BINGO USE AND OCCUPANCY, AND DECLARING AN EMERGENCY

 

Mr. Moore mentioned that his initial thought is to deny this Ordinance, but he would like to give the owner the chance to meet with the mayor during a previously scheduled meeting which is why he asked for only a first reading.  Mr. Moore asked the Mayor if anything the owner said could change the recommendation of the Planning Commission.

 

Mayor Williams responded that while he cannot speak for the entire Planning Commission, he doesn’t see any discussion with the owner that would convince him that this proposed Bingo use is an appropriate use.  The Administration will continue to be vigilant in fighting the addition of any Bingo or Rental agencies starting business in the City.

 

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.

 

H)  Requests to address council on agenda items

 

I)      Reports of Standing committees of council

1.      Community Development and Small Business  RE: Signage Code.

 

Mr. Moore mentioned that this updated signage code will go a long way towards eliminating any new unsightly signs.

 

On a motion by Mr. Mumper, seconded by Mr. Gabbard, it was moved to accept the report and send a letter to the Law Department requesting the Ordinance be drafted.  All members present voted YES.

 

2.      Community Development and Small Business  RE: Linden Pointe TIF Proposal.

 

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

 

3.      Community Development and Small Business  RE: Design Review – Dr. Mojoe Sign.

 

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

 

J)    Second READING OF resolution

 

A)    RESOLUTION APPROVING THE UPDATE OF THE SOLID WASTE MANAGEMENT PLAN OF THE HAMILTON COUNTY SOLID WASTE MANAGEMENT DISTRICT

 

On a motion by Mr. Sanker, seconded by Mr. Schneider, it was moved to hear the second reading of the Ordinance.  All members present voted YES.

 

K)  introductory READING OF ordinanceS

 

A)    ORDINANCE AUTHORIZING THE MAYOR AND/OR SAFETY-SERVICE DIRECTOR TO ENTER INTO AN OPEN SPACE AGREEMENT AS WELL AS AN EASEMENT AGREEMENT WITH SIEMENS ENERGY & AUTOMATION, INC., AND DECLARING AN EMERGENCY

 

Mr. Sanker explained that Siemens has recently made a decision to make a large investment in its Norwood facility.  The current shipping entrance requires drivers to manipulate the entrance at a peculiar angle.  This would allow for an easier entrance and exit from the facility.  This investment will make the Norwood Siemens facility the premier motor manufacturer and development center in the world.  When Siemens Corporate came in to town to discuss the plans for the facility, Norwood City Council passed a Resolution in support of this investment project.

 

Mr. Schneider asked if this easement agreement included the land next to the Police Academy.  Mr. Sanker confirmed and commented that this is not a thoroughfare and will not impact traffic along Park Ave. in anything but a positive way.

 

On a motion by Mr. Sanker, 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. Moore, it was moved to pass the Ordinance.  All members present voted YES.

 

B)    ORDINANCE DENYING THE PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT (P.U.D.) PLANS FOR 3875 MONTGOMERY ROAD AND THE PROPOSED BINGO USE AND OCCUPANCY, AND DECLARING AN EMERGENCY

 

As amended, this item was considered previously.

 

C)    ORDINANCE ADVANCING ONE HUNDRED AND EIGHTY THOUSAND DOLLARS ($180,000.00) FROM THE GENERAL FUND TO THE BOND RETIREMENT FUND, AND DECLARING AN EMERGENCY

 

Mr. Jones commented that this will cover the temporary shortfall with regard to the Bond Retirement Fund.  This is an advance not a transfer and will assist in the cash flow issue we are currently facing while we await the settlement of funds from the County.  This money will be returned upon receipt of the funds from the County.

 

On a motion by Mr. Sanker, seconded by Mr. Moore, it was moved to suspend the rules and hear all three readings of the Ordinance and invite Mr. Jones to comment on this Ordinance.  All members present voted YES.

 

On a motion by Mr. Sanker, seconded by Mr. Schneider, it was moved to pass the Ordinance.  All members present voted YES.

 

D)    ORDINANCE ACKNOWLEDGING THE GENEROSITY OF CARL AND EDYTH LINDNER AND RENAMING WATERWORKS PARK “CARL H. AND EDYTH LINDNER PARK”

 

As amended, this item was considered previously.

 

L)   INTRODUCTORY READING OF resolution

 

A)    RESOLUTION OF OBJECTION TO THE RENEWAL OF LIQUOR PERMIT #31-319-8225284, SLAMMERS BAR & GRILL, LLC, DOING BUSINESS AS SOUPIES BAR & GRILL 3861 MONTGOMERY ROAD, NORWOOD, OHIO 45212

 

Mr. Moore mentioned that he is sick of the problems caused by Soupie’s as are the nearby residents.

 

Ms. Kelly agreed and commented that the revocation of this license would go a long way towards making life easier for nearby residents.

 

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved to suspend the rules and hear all three readings of the Resolution.  All members present voted YES.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to pass the Resolution.  All members present voted YES.

 

B)    RESOLUTION AUTHORIZING THE CITY AUDITOR TO PREPARE AND ISSUE OCBOA FINANCIAL STATEMENTS FOR THE FISCAL YEARS WHICH ENDED 2003, 2004, AND 2005

 

Mr. Jones explained that this audit method will speed up audits considerably.  This will allow us to get audits complete through 2005 in the next few months rather than waiting until this time next year.  This statement format is recognized by the state Auditor.  This will not only reduce time but will save an estimated $60,000 in audit fees as compared to the CAFER audit format.  This is an obvious decision.

 

Mr. Mumper asked if Council can get confirmation when Audits are complete.  Mr. Jones responded that he would indeed provide an update and confirmation.  Mr. Jones added that a CAFER audit is a luxury; they are nice but not really all that actionable due to the fact that they take so long.  Many other counties and municipalities are moving towards the OCBOA statements as a cost savings measure.

 

Mr. Moore commented that this is an easy decision.  A $60,000 savings for something that is not actionable is an easy decision.

 

On a motion by Mr. Sanker, seconded by Mr. Mumper, it was moved to suspend the rules and hear all three readings of the Resolution and ask that Mr. Jones comment on the Resolution.  All members present voted YES.

 

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to pass the Resolution.  All members present voted YES.

 

M)  ADMINISTRATION REPORTS

 

Mayor Williams was present and began by announcing the final decision on the grant money we received from the Community Development Block Grants.  Mayor Williams thanked Mr. Rick Dettmer for his constant effort in securing these funds for very important projects for this City.

 

When opened for questions, Mr. Gabbard asked for the progress on the demolition of the Section Avenue Office Warehouse.  Mayor Williams responded that the progress has been very slow and that the Law Department is looking into what we can do to speed this process along.

 

Mr. Sanker asked if the Police Department is up and running with the 800 MHz radios.  Mayor Williams responded that the Police force is currently in training and these radios will go online at 7:00am on May 1st.  The old radios will be issued to volunteers and to Public Works personnel.  Mayor Williams again thanked Mr. Lindner for his generosity with the donation that funded the purchase of these 800 MHz radios.

 

The Treasurer and Law Director were present but did not present Administration Reports.

 

Mr. Jones, City Auditor, provided an update on the acquisition of the ambulance.  US Bank had held up the financing, but we have since contacted National City Bank and they have come through with a very competitive financing package.  This could effectively end our relationship with U.S. Bank.  They cited our Fiscal Watch status as the reason for declining our financing application.  A banking relationship goes two ways and U.S. Bank’s unwillingness to finance this purchase will be remembered into the future.  National City Bank has been asked about their interest in conducting business with the City of Norwood for Bond/Note issuance.

 

Mr. Gabbard asked if it was true that the ambulance bid came in $10,000 less than anticipated.  Mr. Jones confirmed and added that leasing this vehicle may make the City eligible for an additional rebate.

 

N)  REQUEST TO ADDRESS COUNCIL RE: NON-AGENDA ITEMS:  

 

Ms. Casey Brown addressed Council regarding the Surrey Square Development.

Ms. Yvonne Collins addressed Council regarding street repair and Police/Customer Service.

 

O)  UNFINISHED BUSINESS  

 

Mr. Moore mentioned that Mr. Chuck Barlow will assume the vacant position as 3rd Ward Councilman and will take the Oath of Office at the next Council Meeting.

 

P)    NEW BUSINESS

 

Ms. Kelly announced that the Norwood Tree Board will conduct its annual Plant Swap and Sale on Saturday from 10:00am – 2:00pm at the Community Center.

 

Mr. Schneider asked that Ordinance 105-01 be placed into the Law and Ordinance Committee for review and updating.

 

Q)   COMMUNICATIONS: 

 

1.      Letter from Tax Department RE: First Quarter Report for 2006

 

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.

 

2.      Letter from Donnie Jones RE: March 2006 Auditor's Report

 

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

 

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to consider items Q-3, Q-6, and Q-7 as a single matter.

 

3.      Letter from Norwood Recreation Commission RE: Cleaning of Parks & Restrooms

 

As amended Council then considered the following item.

 

Q-6) Letter from Mr. Joe Geers, Director Public Safety-Service RE: Cleaning of Parks and Restrooms.

 

 

Q-7) Letter from Mr. Tom White, Public Works Superintendent RE: Cleaning of Parks and Restrooms.

 

Mr. Schneider mentioned that he will be voting NO on this motion.  Mr. Schneider asked that these matters be conducted internally and that there is no reason to make this public knowledge.  This could be resolved without Council’s involvement.

 

Ms. Kelly agreed and hoped that the Recreation Commission could provide Public Works with the appropriate scheduling information.

 

Mr. Mumper suggested that in addition to Ms. Kelly’s comments, permit holders should be held more accountable for the mess that they create.

 

When asked for comment, Mayor Williams said that he is disappointed with the negative tone particularly after the very successful Knothole event where he had heard many compliments on the condition of the playing surfaces directed towards Public Works as well as Recreation.  Mayor Williams encouraged the commissioners to contact the Administration or Public Works directly when issues arise and they will do anything to provide a resolution to the situation.

 

On a motion by Ms. Kelly, seconded by Mr. Mumper, it was moved that letters Q-3), Q-6), and Q-7)  be received and filed and that a letter be send to the Recreation Commission asking for advanced copies of the Knothole Schedule, Status of Batting Cages, and including contact info for Mr. Geers, Mr. White, and Ms. Kelly.  Mr. Gabbard, Mr. Sanker, Mr. Moore, Ms. Kelly, and Mr. Mumper voted YES.  Mr. Schneider voted NO.

 

4.      Letter from Norwood Recreation Commission RE: Pools and Pool Passes

 

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.

 

5.      Letter from Ms. Carrie Town, Building Department RE: Public Hearings Needed

 

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved that the letter be received and filed and that the Public Hearing be scheduled for the June 27 meeting.  All members present voted YES.

 

6.      Letter from Mr. Joe Geers, Director Public Safety-Service RE: Cleaning of Parks and Restrooms.

 

As amended, this item was considered previously.

 

7.      Letter from Mr. Tom White, Public Works Superintendent RE: Cleaning of Parks and Restrooms.

 

As amended, this item was considered previously.

 

8.      Letter from Mr. Richard Dettmer, Development Director RE: Linden Pointe Redevelopment Agreement.

 

Mr. Moore added that this is a request for a TIF.  This has many advantages primarily focused on keeping this development on track, but also introduces several potentially negative repercussions.  The Community Development and Small Business Committee will investigate this further in the coming weeks.

 

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

 

On a motion by Mr. Mumper, seconded by Mr. Sanker, it was moved to enter into Executive Session for the purpose of discussing pending litigation, and requesting the Mayor, Director of Public Safety-Service, City Treasurer, City Auditor, and Mr. Chuck Barlow remain in attendance.

 

R)  EXCUSE ABSENT MEMBERS

 

All members present.

 

S)    ADJOURNMENT

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

 

 

 

 

 

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                          Jane M. Grote

Clerk of Council                                            President of Council