Council
Chambers
February 10,
2009
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. 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 moving Ordinance I-F immediately following the
Public Hearing, and by adding Communication N-8. All members present voted “YES”.
F) PUBLIC HEARING
Jane Grote removed herself and turned to Keith Moore as President Pro-Tem. Mr. Moore explained the rules governing Public Hearings.
Speaking in favor of the pending sale:
Attorney Joe Trauth,
Henry and Betty Jacquez, 2226 Drex Avenue, Norwood, Ohio 45212
Jane Grote, 2269 Washington Avenue, Norwood, Ohio 45212
Speaking against the pending sale:
Bill Pierani,
Amy Resh, 2240 Glenside Avenue, Norwood, Ohio 45212
Dave Kessai, 2251 Glenside Avenue, Norwood, Ohio 45212
As amended, Council then considered the following agenda item.
I-F ORDINANCE APPROVING THE PRELIMINARY AND FINAL PLANS
FOR ST. ALOYSIUS ORPHANAGE SCHOOL, COVERED BY THE PLANNED UNIT
DEVELOPMENT OVERLAY ZONE OVER 2420 DREX AVE
On a motion by Mr. Thornbury, seconded by Mr. Gabbard, it was moved to have the first reading only. All members present voted, “YES”.
Mr. Gabbard requested a Planning Commission update from the Mayor. Mayor Williams reminded Council that only 3 commissioners were present and voted on the measure as we need to replace 2 commissioners. The staff report was filed and levied against this decision. The plans have changed over time as have the plans for the redevelopment of the current location of the St. Aloysius’ school. The Parish is a tight knit group and stands to relieve some debt with this sale, but we need to protect our community as a whole. There is nothing malicious in this – we just want to insure that the best use for the property and neighborhood is considered.
Mr. Gabbard asked the Law Director to share thoughts on the situation. Mr. Kiser answered that the Planning Commission has made a decision and it is not appropriate to supersede that authority with the opinion of the Law Department. The Law Department needs to stay objective in this matter and will advise the City on legal matters as it pertains to this Ordinance.
Mr. Schneider also added questions for the Planning Commission and asked if this is strictly a zoning issue and stressed that we must follow the zoning laws as we all know what happened with the Eminent Domain case. Mayor Williams responded that the mention of eminent domain as a scare tactic is out of line. Council followed state law and the Ohio Supreme Court ruled that the law was wrong. We do what is best for the City in accordance with the law.
Mr. Mumper concurred with the Mayor and noted that he has spoken with many Ward 4 residents, both parishioners and non-parishioners and has heard many opposed to this measure. Summarily, he is elected by community and based on feedback from residents we need to have further discussion on the matter.
Mr. Thornbury directed a question to Mr. Trauth regarding additional conditions.
Mr. Trauth said St. Aloysius is accepting conditions based on clarification from the Planning Commission.
Mr. Schneider asked for background on the PUD. Mr. Trauth answered that this is not a money issue or zoning issue, this is a legal issue and added that “regulatory taking” infringes on property rights. He mentioned that as the representative for St. Aloysius would like to move forward and shouldn’t have even needed to appear at hearings in the first place.
Mr. Thornbury asked for questions regarding non-conforming use. Mr. Trauth explained the differences in two clauses as his client perceives them.
Mr. Moore posed a question to the city’s Law Director. Mr. Kiser was reluctant to express opinion on policies and reiterated that at this point that may be substituting judgment. The process has been followed to date and the law has been followed. The department would like to refrain from taking a position at this time to be sure to adequately represent the City on either side of this matter.
Mr. Moore wanted to point out that asking legal opinion of
Mr. Thornbury wondered if there are other possible uses for
that property. Mayor Williams responded
that at this time it would be inappropriate to speculate on other uses, we need
to consider the use at hand. The Mayor
reiterated that he stands by the staff report.
Mr. Gabbard asked for the reason behind the stenographer. Mr. Moore answered that he believes that the court reporter was asked to be present by Mr. Trauth to record the proceedings.
Mr. Thornbury re-asked question with respect to other uses. Mayor Williams explained some history regarding PUD over the area. He encouraged Council members to talk to Chris Brown and Mr. Stoker for further details.
Mr. Moore said zoning code was changed to support schools in residential areas. This was done several years ago. Mr. Moore finds it odd that this discussion has come to this point. The last PUD situation, where we did not permit a rental center from expanding, generated no threats to the City for lawsuits.
Mr. Schneider doesn’t understand why we are making decisions on how property can be used and asked that Mr. Burke be present at the next meeting.
A recess was called at this point as Ms. Grote resumed the Chair.
Ms. Grote noted that Mr. Mumper had not yet returned to Council Chambers.
G) requests to address council on agenda items
There were no requests to address Council.
H) REPORTS OF STANDING COMMITTEES OF COUNCIL
1. Community Development Re: Rookwood Design Review-signage
On a
motion by Mr. Schneider, seconded by Mr. Thornbury, it was moved to accept the
report. All members present voted YES.
The
Chair noted that Mr. Mumper was now present in Council Chambers.
I) INTRODUCTORY READINGS OF ORDINANCES AND
RESOLUTIONS
A. ORDINANCE ESTABLISHING THE PAY SCALE FOR SEASONAL EMPLOYEES OF THE CITY OF NORWOOD RECREATION COMMISSION
Mr. Schneider
clarified wages for game officials.
On a
motion by Mr. Sanker, seconded by Mr. Schneider, it was moved to have the first
reading of the ordinance. The motion passed. All members present voted, “YES”.
B. ORDINANCE
TO CHANGE APPROPRIATIONS FOR THE YEAR 2009, AND DECLARING AN EMERGENCY
Mr.
Barlow posed a question to the Auditor regarding changes to Exhibit A. Mr. Stith answered that there were 3 changes
in total and explained the changes. Mr.
Barlow explained the remaining changes to 2009 Appropriations.
Mr.
Stith confirmed that most are changes based on last calendar year, adjusting
amounts carried over.
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. Mumper, seconded by Mr. Barlow, it was moved to pass the
Ordinance. All members present voted,
“YES”.
C. ORDINANCE
PROMOTING THE “CITY WIDE STREET SALE” AND ABATEMENT OF ALL PERMIT FEES
ASSOCIATED WITH THE SALE. (MAY)
On a
motion by Mr. Barlow, seconded by Mr. Thornbury, it was moved to suspend all
three readings and hear the first in entirety.
All members present voted, “YES”.
On a
motion by Mr. Mumper, seconded by Mr. Barlow, all readings were heard and the
ordinance passed. All members present voted, “YES”.
D. ORDINANCE
PROMOTING THE “CITY WIDE STREET SALE” AND ABATEMENT OF ALL PERMIT FEES
ASSOCIATED WITH THE SALE. (SEPT.)
On a
motion by Mr. Barlow, seconded by Mr. Thornbury, 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. Barlow, it was moved to pass the
Ordinance. All members present voted,
“YES”.
E. ORDINANCE
OF COOPERATION BETWEEN THE CITY OF NORWOOD AND THE OHIO DEPARTMENT OF
TRANSPORTATION FOR THE URBAN PAVING PROJECT TO PLANE AND RESURFACE PORTIONS OF
US22 IN THE CITY OF NORWOOD, AND DECLARING AN EMERGENCY
Mr. Schneider
asked about the boundaries of the project. The Mayor responded that he would
check and get back to Council. Mr.
Schneider then asked if ODOT would be managing the project. The Mayor
confirmed.
Mr.
Mumper stated the city portion of the money is $320,000.
Mr.
Schneider asked which key would provide the funds. Mr. Stith answered that the funds would come
from both the street fund and the permissive tax fund.
Mr.
Barlow reminded members that the project will happen in 2010 and will affect
that budget.
On a
motion by Mr. Mumper, seconded by Mr. Barlow, 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”.
F. ORDINANCE
APPROVING THE PRELIMINARY AND FINAL PLANS FOR ST. ALOYSIUS ORPHANAGE SCHOOL,
COVERED BY THE PLANNED UNIT
DEVELOPMENT OVERLAY ZONE OVER 2420 DREX AVE
As
amended, this item was considered previously.
J) ADMINISTRATION
REPORTS
Mayor
Williams was present and mentioned the he has received several compliments on
the fantastic job of snow removal provided by the Public Works Department. Public Works Superintendent Tom White gets
many, many calls throughout the night and Mr. White and Public Works go above
the call of duty to serve the community.
While it is their job, it is also very much appreciated.
The
Mayor also mentioned that ABC Tree Service is subcontracting for Duke Energy.
They are certainly aggressively cutting back trees to avert power outages.
Their goal is to trim approximately 5 years growth.
Mr.
Schneider asked for an update on the Mayor’s website. Mayor Williams responded that meetings and
discussion are ongoing. The Mayor also
received a call from a resident interested in starting a newspaper.
Mr.
Schneider remarked that
Mayor
Williams also noted that he has had several ongoing discussions with Community
Development Director Rick Dettmer regarding a plan for development within the
City. Mr. Dettmer will be looking into
all options and grant opportunities in the hopes that when the economy turns,
the City will be in a position to react quickly.
During
the Administration Report, Mr. Stith explained two letters explaining
Certificate of Estimated Resources and the status and implications on the
Auditor’s office preparing a 5 year plan.
Mr. Stith
also explained the update on all revenues including Earnings Tax Revenue. The
month of January was very close to estimates. Mr. Stith also extended thanks to
Chris Brown, in the Law Department, for his cooperation in sorting through city
property that should have been exempt from County taxes.
During
the Law Director’s Report, Mr. Kiser echoed that during the most recent storm,
the streets were in very good shape in the City of Norwood.
Mr.
Mumper asked Mr. Kiser for an update on the Empire Tavern. Mr. Kiser answered
that the City is still awaiting a decision. Chris Brown interjected the status
of the criminal case as moving forward.
Mr. Schneider thanked Chris Brown for his attention to detail in all
city matters.
K) OTHER REQUESTS TO
ADDRESS COUNCIL
There
were no requests.
L) UNFINISHED BUSINESS
There
was no unfinished business.
M) NEW BUSINESS
Mr.
Thornbury noted that he had met with Vicki Clark regarding the publishing of
the Norwood Star Newspaper. Distribution
of the paper will be the real effort where help may be needed. Contact 607-8537 if interested in assisting
with this endeavor.
N) COMMUNICATIONS
1. Letter from Mayor Re:
Tree Board Appointment
On a motion by Mr. Schneider, seconded by Mr.Gabbard, it was moved to approve the appointment and receive and file the letter. All members present voted “YES”.
2. Letter from Auditor Re:
Clarification of 2009 Permanent Appropriations
On a motion by Mr. Thornbury, seconded by Mr. Schneider, it was moved to receive and file the letter as if read. All members present voted “YES”.
3. Letter from Auditor Re:
Clarification of Certificate of Total 2009
On a
motion by Mr. Thornbury, seconded by Mr. Schneider, it was moved to receive and
file the letter as if read. All members
present voted “YES”.
4.
Letter from Development Director Re: Community Development Block Grants
On a
motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to receive and
file the letter as if read. All members
present voted “YES”.
Mr.
Schneider had a question about the streetscaping fund, specifically if it
becomes available to the Tree Board. The
Mayor said it is a collaborative effort where recommendations are submitted and
then selected based on input from the Tree Board.
5. Letter
from Mayor Re: Mayor’s Court
Fines: January 2009
On a
motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to receive and
file the letter. All members present
voted “YES”.
6. Letter from Tax Dept. Re: Earnings Tax Report: January 2009
On a
motion by Mr. Schneider, seconded by Mr. Mumper, it was moved to receive and
file the letter. All members present
voted “YES”.
8. Letter
from Planning Commission Re:
Request for Public Hearing
On a
motion by Mr. Sanker, seconded by Mr. Schneider, it was moved to hear Item N-8
before Item N-7. All members present voted “YES”.
On a
motion by Mr. Schneider, seconded by Mr. Thornbury, it was moved to receive and
file the letter and set the Public Hearing for March 24, 2009. All members
present voted “YES”.
7. Letter
from Law Department Re:
Request for Executive Session
On a
motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to receive and
file the letter and enter executive session to discuss pending litigation.
Upon
returning from Executive Session, Council then proceeded with the agenda.
O) EXCUSE ABSENT MEMBERS
All
members were present.
P) ADJOURNMENT
On a motion by Mr.Mumper, seconded by Mr.Sanker, it was moved to adjourn. All members present voted YES.
______________________________ ______________________________
J. Brian Mumper Jane
M. Grote
Clerk of Council President
of Council