Council
Chambers
July 8, 2008
A) CALL TO ORDER
The Council for the City of
B) PRAYER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
On roll call, the following members answered present: Mr. Gabbard, Mr. Sanker, Mr. Schneider, Mr. Thornbury, Mr. Barlow and Mr. Mumper.
E) AMENDMENT OF AGENDA
On a
motion by Mr. Mumper, seconded by Mr. Sanker, it was moved to amend the agenda
by moving Ordinances K-C) and K-D) immediately following their Public Hearings,
and by adding Ordinance K-E) and Resolution A).
All members present voted YES.
F) Minutes from previous meetings
Approve
the minutes of Council meetings 4-8-08 and 4-22-08
On a
motion by Mr. Sanker, seconded by Mr. Thornbury, it was moved to approve the
minutes as if read. All members present
voted YES.
G) Public Hearings
The
Public Hearing opened with an explanation of the Public Hearing process by Ms.
Grote.
A)
5025 Carthage Avenue, Al Neyer Inc., on behalf
of Linden Pointe, LLC, submitting for Conceptual Signage for Phase I of the
Linden Pointe on the Lateral Development Buildings C, D, and E
The
Public Hearing ended when no one came forward to speak either in favor of or
against the issue.
As amended, Council then
considered the following item.
K-C) ORDINANCE APPROVING
THE CONCEPTUAL SIGNAGE FOR PHASE I OF THE PROJECT KNOWN AS
Mr. Thornbury noted that he was abstaining due to a possible conflict of interest.
Mr. Mumper asked Mr. Dobroszi to the podium to explain the timing requirements of this ordinance. Mr. Dobroszi answered that this would ideally be passed tonight.
Mr. Schneider asked why this was not received in the packets. Mr. Dobroszi responded that the process outlined by the City has been followed. The process began with the planning commission in April. Ms. Grote commented that the Public Hearing was required prior to consideration of the Ordinance. Mr. Sanker added that this was the earliest we could have considered this Ordinance due to the process requirements.
Mr. Gabbard asked Mr. Dobroszi for details regarding the signage. Mr. Dobroszi shared drawings and noted that the signage is minimal and is planned for the Norwood Lateral side of the development. Any retail signage will still have to go through the design review process. Mr. Dobroszi added that this is below the allowable square footage allotment for the development.
Mr. Sanker asked Mr. Kiser if anything could have been done to eliminate the rush that this requires. Mr. Kiser answered that little to no delay was caused by the time in preparing the legislation. The process has rigid timings which must be followed. Mr. Kiser also noted that he would like a moment to consult with Mr. Thornbury on the possible need to abstain.
Mr. Schneider asked the Economic Development Director to respond regarding the timeline. Mr. Dettmer answered that the PUD agreement is not part of the redevelopment agreement and therefore is subject to these timelines. Per zoning code, the process is to go through the Planning Commission and Public Hearings. Then a recommendation is sent to Council which then also requires Public Hearings. The developers understand the process and have been meeting with the Community Development committee and providing updates regularly.
Mr. Schneider asked how long this process has taken. Mr. Dettmer responded that it has taken 3 months to this point.
On a motion by Mr. Schneider, seconded by Mr. Sanker, it was moved to hear the first reading of the ordinance. The following members voted YES: Mr. Gabbard, Mr. Sanker, Mr. Schneider, Mr. Barlow and Mr. Mumper. Mr. Thornbury abstained.
B)
5025 Carthage Avenue, Al, Neyer Inc., on behalf
of Linden Pointe, LLC submitting for Preliminary and Final PUD approval for
Phase IIA of the Linden Pointe on the Lateral Development; Preliminary on the
revisions to Buildings G and K along with their associated parking; Final PUD
on Building G and its associated parking.
The
Public Hearing ended when no one came forward to speak either in favor of or
against the issue.
As amended, Council then
considered the following item.
K-D) ORDINANCE APPROVING
THE PRELIMINARY AND FINAL PLANS FOR PHASE II A OF THE PROJECT KNOWN AS
Mr. Gabbard asked Mr. Dobroszi to explain this Ordinance. Mr. Dobroszi explained that this updates the original application and changes details of some of the buildings as a means of enticing business class travelers in the form of a hotel tenant.
On a motion by Mr. Schneider, seconded by Mr. Sanker, 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
J)
Second
A) ORDINANCE
ADOPTING CHAPTER 769 “SCRAP METAL DEALERS AND RECYCLING FACILITIES” TO THE
CODIFIED ORDINANCES OF THE CITY OF
Mr. Gabbard noted that there was a recent news story on this matter and he thanked the Law Department for being proactive in this effort.
Mr. Schneider asked if our municipal signs were marked as our property in any manner. Mr. Kiser responded that this would help but the point is to hold such metals and not give cash for any municipal signage.
Mr. Sanker added that there have also been reports that bronze plaques are being taken from buildings. One would hope that scrap metal dealers wouldn’t take these items in the first place, but this gives us a tool to enforce.
On a motion by Mr. Mumper, seconded by Mr. Barlow, it was moved to suspend the rules and hear the second and third readings of the ordinance. All members present voted YES.
On a motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to pass the ordinance. All members present voted YES.
K) INTRODUCTORY
As amended Council then considered the following item.
A) RESOLUTION AUTHORIZING THE MAYOR AND OR SAFETY SERVICE DIRECTOR TO EXECUTE THE GRANT AGREEMENT ON BEHALF OF THE CITY OF NORWOOD, OHIO FOR FISCAL YEAR 2008 STATE CAPITAL IMPROVEMENT PROGRAM FUNDS.
Mr. Mumper noted that it is his understanding that we have 45 days to pass this in order to get our grant money and that deadline is approaching.
Mr. Thornbury asked Mr. Geers for an explanation on this
work. Mr. Geers responded that this
began last October when we applied for grant funds for the complete renovation
of
Mr. Gabbard asked for the timing of this work. Mr. Geers responded that the work will likely begin in late fall and be completed in the spring timeframe.
On a motion by Mr. Mumper, seconded by Mr. Schneider, 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. Mumper, seconded by Mr. Barlow, it was moved to pass the resolution. All members present voted YES.
L)
INTRODUCTORY
A) ORDINANCE
PROMOTING THE “CITYWIDE STREET
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, the first in its entirety. All members present voted YES.
On a motion by Mr. Barlow, seconded by Mr. Mumper, it was moved to pass the ordinance. All members present voted YES.
B)
ORDINANCE ADOPTING SECTION 533.14 “PUBLIC
URINATION/DEFECATION” TO THE CODIFIED ORDINANCES OF THE CITY OF
Mr. Mumper asked a question to the Law Department regarding the nature of this Ordinance. Mr. Kiser explained that in reviewing the current Ordinances and Laws we noticed that we did not have anything that specifically addressed this issue. Public Decency is handled and treated differently.
Mr. Mumper added that there have been some complaints at Hunter Park and he is pleased to see this.
On a motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to hear all three readings of the ordinance. All members present voted YES.
On a motion by Mr. Thornbury, seconded by Mr. Mumper, it was moved to pass the ordinance. All members present voted YES.
C)
ORDINANCE APPROVING THE CONCEPTUAL SIGNAGE FOR
PHASE I OF THE PROJECT KNOWN AS
As amended, this item was considered previously.
D)
ORDINANCE APPROVING THE PRELIMINARY AND FINAL
PLANS FOR PHASE II A OF THE PROJECT KNOWN AS
As amended, this item was considered previously.
As amended Council then considered the following item.
E) ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2008, AND DECLARING AN EMERGENCY.
Mr. Sanker explained that this moves funds from one key to another within the same department.
Mr. Schneider asked the chair of the Finance Committee to explain. Mr. Barlow answered that this item did not come through the Finance Committee.
Mr. Schneider then asked Mr. Stith to explain. Mr. Stith explained that this will allow for contract resources to be paid while permanent employees are hired. This is not a net increase for this department.
On a motion by Mr. Thornbury, seconded by Mr. Sanker, it was moved to hear all three readings of the ordinance. All members present voted YES.
On a motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to pass the ordinance. All members present voted YES.
M)ADMINISTRATION REPORTS
Mr. Stith was present and gave an Auditor’s Report stating that the Auditor’s department is closing out the month of June. This is a critical time to review expenditures as we are half way through the fiscal year.
Mr. Kiser was present and gave a Law Director’s report and began by thanking Council for allowing him time to review the ethics issue. Mr. Kiser also gave an update on the liquor license objection. The hearing for the Empire Tavern is scheduled for August 4, 2008 and Mr. Kiser encouraged all with an opinion to attend. There was some great police work on this case as you may have seen in the news. The City is proceeding on this matter aggressively.
N) OTHER REQUESTS TO ADDRESS COUNCIL
Council then heard a request to address from Ms. Donna M.
Steel Re: Building of a “Sound of Music School” for the children of
On a motion be Mr. Sanker, seconded by Mr. Mumper, it was moved to allow Ms. Steel additional time to address Council.
O) UNFINISHED BUSINESS
P) NEW BUSINESS
Mr. Gabbard mentioned that a Community Choir, consisting of
several
Mr. Thornbury thanked the Fireworks Committee for a wonderful event; the event received many positive comments.
Mr. Thornbury added that the Burwood Pool group is looking for donations for a fundraising yardsale to benefit Burwood Pool Activities.
Mr. Mumper thanked Mr. Reeves and the Building Department for their attention to the Braun Roofing property.
Ms. Grote reminded residents that the Annual Norwood Day
Parade is scheduled for Tuesday July 22nd, Norwood Day at
Q) COMMUNICATIONS
1. Letter from Health Commissioner Re: Tree Board Activities
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that letter be received and filed and to publicly thank the Tree Board for their efforts. All members present voted YES.
2. Letter from Health Commissioner Re: Consumer Confidence Report
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that the letter be received and filed and publicly thanked Ms. Laake. All members present voted YES.
3. Letter from Mayor Williams Re: Mayor’s Court Fines
On a motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved that the letter be received and filed. All members present voted YES.
R) EXCUSE ABSENT MEMBERS
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to excuse the absent member. All members present voted YES.
S) ADJOURNMENT
On a motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to adjourn. All members present voted YES.
______________________________ ______________________________
J. Brian Mumper Jane
M. Grote
Clerk of Council President
of Council