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Norwood City Council

Council Chambers

May 27, 2008

 

 

 

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, Mr. Thornbury, Mr. Barlow and Mr. Mumper

 

E)   AMENDMENT OF AGENDA 

On a motion by Mr. Sanker, seconded by Mr. Moore, it was moved to amend the agenda by removing Communications O-1, and O-2) and by moving Ordinance I-B) immediately following H-A).  All members present voted YES.

 

F)   requests to address council on agenda items

 

G)  REPORTS OF STANDING COMMITTEES OF COUNCIL

 

1.      Community Development  Re: Xavier Square - Preliminary

 

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

 

2.      Community Development   Re: Xavier Square – PUD & Re-Zoning

 

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

 

3.      Finance & Audit   Re: New Fire Pumper

 

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

 

4.      Finance & Audit   Re: 2008 Appropriations/Subsidy Lines

 

Mr. Barlow noted that this transfers funds to keys in line with the Final Appropriations.

 

Mr. Schneider asked the Auditor to explain.  Mr. Stith answered that this transfers funds as needed and noted that the question of whether or not a Resolution is needed for the transfer of such funds is being evaluated by the Law Department.

 

Mr. Schneider asked if the Law Director had comments on this.  Mr. Kiser noted that the Law Department does not believe a Resolution is required for such transfers and reported that Mr. Brown has contacted the State Auditor on the matter.

 

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

 

5.      Finance & Audit Re: 2008 Appropriations

 

Mr. Schneider asked if this change included training on E-GOV.  Mr. Barlow answered that six days of training is included in the overall package.

 

Mr. Sanker added that separate requests for training have been received, but this consolidates training and makes best use of that expense.

 

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

 

H)  SECOND READING OF ORDINANCE

A)    ORDINANCE AUTHORIZING THE MAYOR AND/OR SAFETY-SERVICE DIRECTOR TO ENTER INTO AN EASEMENT AGREEMENT WITH LINDEN POINTE, LLC, AND DECLARING AN EMERGENCY.

 

Mr. Moore asked Mr. Dettmer and representatives from Neyer Inc to explain this and the following Ordinance. 

 

Mr. Dettmer and Ms. Kathy Schwab, representing Neyer, explained the need for this easement which is in conjunction with returning property back to the City of Norwood.  Asst. Law Director, Mr. Brown, added that the Law Department has worked with Neyer Inc. and Mr. Tim Burke and that all concerns have been addressed adequately for the completion of this Phase I requirement.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to suspend the rules and hear the second and third reading 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.

 

As amended, Council then considered the following item.

 

I-B)  ORDINANCE AUTHORIZING THE MAYOR AND/OR SAFETY SERVICE DIRECTOR TO ACCEPT CERTAIN REAL PROPERTY (PARCELS # 651-14-15, 651-14-14, 651-14-104, 651-14-105, 651-14-16 AND 651-14-13) FROM AL NEYER, INC. TO THE CITY OF NORWOOD, AND DECLARING AN EMERGENCY

 

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

 

On a motion by Mr. Moore, seconded by Mr. Mumper it was moved to reverse the order of Ordinances B) and C).  All members present voted YES.

 

As amended Council considered the previous item.

 

Before considering the Ordinance, Council heard a request to address Council from Ms. Margaret Wehmeyer.

 

H-C) 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 AN “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.

 

Mr. Moore commented that the initial concerns with parking and the affect on Cintas Center parking have been addressed; there is a traffic study underway, and reminded Council that this was only the preliminary P.U.D.  The P.U.D. gives the City more control and the ability to put a complete development package together.  This certainly has the making for an incredible project for the City and particularly the immediate area.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to suspend the rules and hear the second and third reading 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-B) ORDINANCE APPROVING THE PRELIMINARY PLAN FOR 15.5546 ACRES OF LAND COMPRISING THE XAVIER SQUARE PLANNED UNIT DEVELOPMENT.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to suspend the rules and hear the second and third reading 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.

 

I)      INTRODUCTORY READING OF ORDINANCES

 

A)    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. Barlow, seconded by Mr. Schneider, it was moved to pass the Ordinance.  All members present voted YES.

 

B)    ORDINANCE AUTHORIZING THE MAYOR AND/OR SAFETY SERVICE DIRECTOR TO ACCEPT CERTAIN REAL PROPERTY (PARCELS # 651-14-15, 651-14-14, 651-14-104, 651-14-105, 651-14-16 AND 651-14-13) FROM AL NEYER, INC. TO THE CITY OF NORWOOD, AND DECLARING AN EMERGENCY

 

As amended, this item was considered previously.

 

C)    ORDINANCE AUTHORIZING THE CLERK/TREASURER TO CERTIFY UNPAID BILLS FOR THE COST OF GRASS CUTTING TO THE HAMILTON COUNTY AUDITOR FOR FILING AS A LIEN ON THE TAX DUPLICATE OF THE OWNER(S) OF SAID PARCELS AND TO BE COLLECTED AS OTHER TAXES, AND DECLARING AN EMERGENCY

 

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. Moore, it was moved to pass the Ordinance.  All members present voted YES.

 

J)    INTRODUCTORY READING OF RESOLUTIONS

 

A)    A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO OTHER FUNDS ESTABLISHED BY THE CITY, AND DECLARING AN EMERGENCY

 

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

 

K)  ADMINISTRATION REPORTS

 

Mayor Williams was present and commented on what a wonderful event the Memorial Day Celebration was at Victory Park.  Attendance was up over previous years but Mayor Williams noted there is no reason even more residents can’t attend this special event on this special day of the year for our Nation.

 

Mayor Williams also mentioned that Waterworks Pool is set to open on June 2nd, but that major work may slightly delay the opening.  There is significant work going on at the facility including new concrete, new fencing, new showers, and landscaping.

 

The Mayor also mentioned that the work at Burwood Park is nearing completion and that the Public Works Department is doing a wonderful job in making sure that pool and park are safe and functional.

 

Mayor Williams commented that several nearby communities are struggling to keep their recreation attractions open.  The City of Hamilton does not plan on opening a single pool this year due to economic concerns, the City of Norwood in the meantime will responsibly open three pools for the public, and credit goes to all involved for making this happen.

 

When opened for questions, Mr. Schneider asked about the pavement problems on Park Avenue and Floral Avenue.  Mayor Williams responded that we will continue to follow the recommendations of the contract resources on these issues.  Street problems will be prioritized and will continue to be worked on until late October.

 

Mr. Sanker added that the supplies for the DuraPatch machine are also to be received shortly.

 

Mr. Schneider asked if the DuraPatch will be run by contract resources or by Public Works.  Mayor Williams responded that we will look to run all efforts as efficiently as possible.  All options must be considered to maintain streets and street painting in the most comprehensive and efficient manner possible.

 

Mr. Schneider asked if there were any cleanup plans for the Norwood Lateral.  Mayor Williams answered that there are plans to clean up many areas and that the chipper is heavily used in the parks and will be deployed to the Lateral when possible.  Several areas have been neglected for quite some time and that catch up will take some time.

 

Mr. Mumper asked about the incomplete roadwork at Montgomery Rd. and Ross Avenue and asked whether this was the responsibility of the City or of O.D.O.T.  Mayor Williams responded that O.D.O.T. will lead the completion of this effort.

 

Mr. Stith was also present and provided an Auditor’s Report and reported that a Public Hearing is to be scheduled on the Annual Budget.  Mr. Stith also noted that the most recent Auditor’s Report is included in Council packets.

 

Mr. Kiser reported that the Liquor Control hearing for the Empire Tavern has been moved from June 9th to June 16th.  All who would like to attend and provide input are welcome to contact the Law Department and attend the hearing at Cincinnati City Hall.

 

On the issue of whether or not a Resolution is required for the transfer to and from City funds, an answer is expected by the next Council meeting, provided the State responds in a timely fashion.

 

L)   OTHER REQUESTS TO ADDRESS COUNCIL

 

M)UNFINISHED BUSINESS

 

Mr. Mumper announced that the School Board has been invited to attend the next Committee of the Whole Meeting and we are working to find a date where all parties can attend.

 

N)  NEW BUSINESS

 

On a motion by Mr. Mumper, seconded by Mr. Moore it was moved to approve the appointment of Ms. Debbie Simpson as the Secretary to the Clerk of Council.  All members present voted YES.

 

O)  COMMUNICATIONS

 

1.      Letter from Jerry Owens   Re: Memorial Day Ceremony

As amended this item was removed from the agenda.

 

2.      Letter from Liquor Control           Re: Empire Tavern

As amended this item was removed from the agenda.

 

3.      Letter from Liquor Control           Re: Empire Tavern

Mr. Mumper encouraged all citizens to contact the Law Department to provide any input on this matter as this specific issue continually comes up from residents of the nearby area.

 

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

 

4.      Letter from Gerry Stoker  Re: Planning Commission Minutes

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 Jim Stith        Re: Auditor’s Report – April 2008

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.

 

6.      Letter from Jim Stith        Re: Tax Budget Public Hearing Request

On a motion by Mr. Sanker, seconded by Mr. Barlow, it was moved that the letter be received and filed and that a Public Hearing be set for the second meeting in June.  All members present voted YES.

 

P)   EXCUSE ABSENT MEMBERS

All members were present.

 

Q)  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