Norwood City Council

Council Chambers

September 23, 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. Mumper, seconded by Mr. Moore, it was moved to amend the agenda by adding Communication O-8) immediately before Public Hearing F-2) and by moving Ordinance I-A) immediately following Public Hearing F-1).  All members present voted YES.

 

F) PUBLIC HEARING

1. PUBLIC HEARING FOR CONSIDERATION OF PLANNING COMMISSION RECOMMENDATIONS ON APPLICATION FOR 5050 SECTION ROAD, LOCATED IN AN “M2/PUD” ZONING DISTRICT.

 

The Public Hearings opened with an explanation of the format from Ms. Jane Grote.

 

The following spoke in favor of the zoning district:

Steve Armsby of Resurgence Group, represented the developer, Tom Shanks of Pedco E&A Services, and Tim Roberts of Venture I were available for questions.  These representatives of the development explained the difference in the PUD application and the demolition of the old industrial space was discussed.

 

No one came forward to speak against the zoning district, the Public Hearing closed. 

 

At this time, Council considered the following item.

 

I-A) ORDINANCE APPROVING THE PRELIMINARY PLAN FOR PHASE II OF THE PROJECT KNOWN AS NORWOOD VENTURE I, LLC (AMERICAN LAUNDRY PROJECT), COVERED BY THE PLANNED UNIT DEVELOPMENT OVERLAY ZONE OVER THE VICINITY OF 5050 SECTION AVENUE, AND DECLARING AN EMERGENCY.

 

Community Development Committee Chair, Mr. Moore explained the process of getting information before Council early so all questions can be answered. The sooner the high bay is demolished, the sooner marketing of the property can begin.

 

Mr. Schneider called attention to the developer’s desire to maintain the aesthetic elements and this is very encouraging.

 

Mr. Thornbury noted that the same comments were made at a recent Historical Society meeting.

 

On a motion from Mr. Sanker, seconded by Mr. Mumper, it was moved to suspend the rules and hear all 3 readings of the Ordinance.  All members present voted “YES”.

 

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

 

2. 2009-2011 COMMUNITY DEVELOPMENT BLOCK GRANT FOR CITY OF NORWOOD.

 

The Public Hearing Opened and the following came forward to discuss possible funding.

 

Ms. Donna Laake requested continual funding of the Norwood Youth Dental Program.

 

Ms. Lupe Gonzalez Hoyt requested that the Norwood Service League be partially funded by the CDBG Funds.

 

When opened for questions, Mr. Schneider asked Mr. Dettmer if these funds could be used to replace municipal street signage.  Mr. Rick Dettmer responded that this would likely come under “streetscape” improvements but will check with the County for clarification.

 

Mr. Mumper asked if additional litter containers could be placed throughout our neighborhoods. Mr. Dettmer confirmed those could be included in streetscape improvements.

 

Mr. Dettmer noted that the second PUBLIC HEARING for CDBG Grant Funds is scheduled for October 14, 2008.

 

As amended, Council then considered the following item.

 

O-8 Letter from Rick Dettmer Re:  CDBG Grant Funds

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to receive and file the letter.  All members present voted “YES”.

 

G) REQUEST TO ADDRESS COUNCIL ON AGENDA ITEMS

 

 

H) REPORTS OF STANDING COMMITTEES OF COUNCIL

 

 

I) INTRODUCTORY READING OF ORDINANCES

A. ORDINANCE APPROVING THE PRELIMINARY PLAN FOR PHASE II OF THE PROJECT KNOWN AS NORWOOD VENTURE I, LLC (AMERICAN LAUNDRY PROJECT), COVERED BY THE PLANNED UNIT DEVELOPMENT OVERLAY ZONE OVER THE VICINITY OF 5050 SECTION AVENUE, AND DECLARING AN EMERGENCY.

 

As amended, this item was considered previously. 

 

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”.

 

B. ORDINANCE REPEALING ORDINANCE #45-2008 ADOPTING CHAPTER 769 “SCRAP METAL DEALERS & RECYCLING FACILITIES” TO THE CODIFIED ORDINANCES OF THE CITY OF NORWOOD, OHIO AND DECLARING AN EMERGENCY.

 

Mr. Sanker asked for an explanation of this Ordinance. Law Director Ted Kiser responded that it is simply housekeeping to go along with Resolution J-3. Our previously passed Ordinance was pre-empted by S.B.171.

 

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

 

J) INTRODUCTORY READING OF RESOLUTIONS

A. RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.

 

Mr. Schneider asked if this is the product of the Budget Commission meeting. Auditor Stith answered no, this is our certificate of expected resources from the county.

 

On a motion by Mr. Moore, seconded by Mr. Barlow, it was moved to suspend all three readings of the Ordinance. 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 DECLARING IT TO BE THE DESIRE OF COUNCIL THAT HALLOWEEN TRICK OR TREAT BE CELEBRATED BETWEEN THE HOURS OF 6:00 P.M. & 8:30 P.M. ON FRIDAY OCTOBER 31, 2008 AND DECLARING AN EMERGENCY.

 

On a motion by Mr. Moore, seconded by Mr. Sanker, it was moved to hear the first reading of the Resolution.  All members present voted “YES”.

 

C.  RESOLUTION OBJECTING TO THE PASSAGE OF SENATE BILL 171 WHICH ADDRESSES SCRAP METAL DEALERS AND RECYCLING FACILITIES IN THE STATE OF OHIO.

 

Mr. Schneider requested clarification on this Resolution.   Law Director Ted Kiser reiterated that we object to several details in the State Bill, but in particular we object to the “home rule” provision?   This is a big deal for our community as with increased scrap prices we have seen an increase in theft.

 

Mr. Steve Thornbury noted that the Norwood Historical Society is drafting a similar letter.

 

On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to suspend the rules and hear all three readings of the Ordinance.  All members present voted “YES”.

 

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

           

K) ADMINISTRATION REPORTS

Mayor Thomas Williams was present and announced there was a message from the Administration running on Norwood Cable Television reviewing the situation of storm damage throughout the city.  Mayor Williams acknowledged the performance of the Fire, Police and Public Works departments.  Moving forward many issues will be addressed, including the generators needed to power our critical departments. E-911 worked very well. The Fire Department handled 90 calls for service.  There are still some without power and a couple of road closures still in effect.  Most residents were very understanding.  Duke will be reviewing their processes as well. 

 

Mayor Williams also noted that the chipper will remain out in the field until we catch up on the storm damage but that could take several weeks.  We have plenty of wood chips, if you could use some stop by Public Works from 8:00 a.m. - 4:30 p.m.

 

Mayor Williams continued that the road milling of streets selected for repair has begun. In addition, Public Works has rental equipment capable of removing large brush.  This equipment will be used to clean up SR562 among other areas.  This may impede traffic but it is well worth the inconvenience.

 

Safety Service Director Joe Geers has an application for SCIP Grants as well as MRF funding.

 

Norwood Young Professionals did an outstanding job on their public service project and we are appreciative. There was no public media for the NYP event however.

 

When opened for questions, Mr. Thornbury mentioned he had a discussion with Acting Health Commissioner Dr. Perrino regarding the recent storm “emergency”.  Mr. Thornbury asked who is responsible for the closure and sending employees home during such power outages?  The Mayor answered that without power it was determined to be unsafe to stay. The Health Commissioner is the ruling authority, but this is the first he has heard about confusion on the matter.

 

Auditor Jim Stith began his Auditor’s Report by noting that the office was without power for 2 ½ days.  Payroll was completed on time and the bills were paid as required. The City business must go on both inside and outside regardless of other situations.

 

Law Director Ted Kiser gave his report and discussed the city’s liability in placing a stop sign. Stop signs are discretionary and the city is covered by ORC.  The problem occurs when the sign “creates” a hazard, but with any forethought this should be easily avoided.

 

In regard to the Resolution (J3 on the 9-23-2008 agenda) Mr. Kiser works in a law firm with other law directors. He will give copies of our Resolution and hope for additional support from other municipalities.

 

Mr. Kiser also thanked the Norwood Young Professionals and Give Back Cincinnati organizations for their efforts.  Mr. Kiser also thanked Mayor’s Court for providing help through community service hours. Chris Brown, Vic Schneider, and Mr. Kiser also participated in the cleanup effort.

 

Mr. Moore requested a written opinion from the Law Department in regard to the stop sign placement. Mr. Kiser said that would be forthcoming.

 

L) OTHER REQUESTS TO ADDRESS COUNCIL

 

M) UNFINISHED BUSINESS

 

N) NEW BUSINESS

Mr. Thornbury asked Mr. Mumper if there will be opportunity for citizen participation in the Committee of the Whole meeting scheduled for next week.  Mr. Mumper reviewed the procedures planned for the session.  The meeting will start with a presentation by the Hamilton County Health Department, followed by Council questions and then we will give our citizens a chance to ask questions of the presenters.   

 

O) COMMUNICATIONS

1.  Letter from Building Department              Re: Ohio Division of Liquor Control

2.  Letter from Earnings Tax Dept.                 Re: Ohio Division of Liquor Control

3.  Letter from Fire Department                     Re: Ohio Division of Liquor Control

4.  Letter from Health Department                 Re: Ohio Division of Liquor Control

5.  Letter from Police Department                  Re: Ohio Division of Liquor Control

6.  Letter from Ohio Div Liquor Control        Re: Chipotle Restaurant

 

On a motion from Mr. Mumper, seconded by Mr. Schneider, it was moved that the letters O-1) through O-6) be received and filed as if read.  All members present voted “YES”.

  

7.  Letter from Recreation Commission          Re: Fenwick Park Grant Projects

 

Mr. Mumper asked Mr. Stith if this was part of the grant where we provide funding up front.   Mr. Stith responded that he was indeed aware and that a fund was created that will be subsidized once we start getting bills and then the funding for this work.

 

Mr. Mumper asked Mayor Williams if there was a deadline for the work to be done to receive the grant funds.  Mayor Williams responded that we were unfortunately not involved in the grant submission and only the Recreation Department has information on the grant details.

 

Mr. Moore asked if the Recreation Department has scheduled a meeting with the Administration.  Mayor Williams responded that a meeting has not yet been scheduled but the Administration would love to hear an update and help out wherever possible.

 

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

 

8.  Letter from Mr. Rick Dettmer, Economic Development Director      Re: CDBG Grants.

 

As amended, this item was considered previously.

 

P) EXCUSE ABSENT MEMBERS

All members were present.

 

Q) ADJOURNMENT

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to adjourn the meeting.  All members present voted “YES”.

 

 

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                          Jane M. Grote

Clerk of Council                                            President of Council