AKRON, OHIO COUNCIL AGENDA OF DECEMBER 7, 2009

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1 AKRON, OHIO COUNCIL AGENDA OF DECEMBER 7, 2009 Regular Meeting- All members present, except Hurley, later excused. A non-sectarian prayer was said by Rev. Sam Martin of United Methodist Church. The Pledge of Allegiance to the Flag was repeated in unison. Minutes of the previous regular meeting read and approved. CONSENT AGENDA (1) Ordinance accepting Various Right-of-Way Document (s) for certain property described below to facilitate the completion of the SUM S. MAIN STREET ROADWAY IMPROVEMENTS project; authorizing payment therefore; and declaring an emergency. (ECONOMIC DEVELOPMENT & JOB CREATION) FIRST READING AND REFERRED: RULES (J. CONTI, CHAIRMAN) BUDGET AND FINANCE (T. MERLITTI, CHAIRPERSON) (1) Ordinance providing for zero increase in employee compensations within the Non- Bargaining, Management and Unclassified job classes; and declaring an emergency. (12/07/09) (2) Ordinance amending Ordinance No , passed March 9, 2009 and Ordinance No , passed November 23, 2009, which established the annual appropriation for the current expenses, other expenditures and the capital outlays of the City of Akron for the fiscal year ending December 31, 2009; and declaring an emergency. (12/07/09) (3) Ordinance providing for the temporary appropriation for the current expenses, other expenditures and the capital outlays of the City of Akron for the period of January 1, 2010 through March 31, 2010; and declaring an emergency. (12/07/09) PLANNING (J. CONTI, CHAIRMAN) (1) Ordinance authorizing a Conditional Use to construct a carport to the side property line at 487 Palisades Drive; and declaring an emergency. (D-239) (3/30/09) (2) D Petition for a Conditional Use to construct a carport at 487 Palisades Drive. (PC )(03/02/09) FILED: (3) D Capital Investment and Community Development Program (12/15/08) (4) D Capital Investment & Community Development Program (01/05/09) (5) D-445. Petition for a Conditional Use to construct a carport at 457 Lockwood Street. Petitioner: Joann and Gerald Pumphrey, owner of land. (PC ) (11/23/09) 1

2 PUBLIC SERVICE (J. HURLEY, CHAIRMAN) REFERRED: (1) D Sixteen (16) letters objecting to the improvement of Frank Blvd as per Res. No (12/07/09) (2) D-432. Two (2) letters objecting to the improvement of Vernon Odom Blvd. as per Res. No (10/26/09) (3) D-440. One letter objecting to the improvement of Hilbish Avenue as per Res. No (11/09/09) (4) D One letter objecting to the improvement of Hilbish Avenue as per Res. No (11/16/09) (5) D-450. One (1) letter objecting to the improvement of South Main Street as per Res. No (11/30/09) (6) D-451. One (1) letter objecting to the improvement of Frank Blvd. as per Res. No (11/30/09) FIRST READING AND REFERRED: PUBLIC UTILITIES (K. JONES, CHAIRMAN) (1) Ordinance amending and/or supplementing Title 5, Chapter 50 Sewers, Sections and to revise sewerage service charges and the use of sewerage services charges; authorizing the Director of Public Service to develop a discount rate adjustment program for low-income Akron residents; and declaring an emergency. (12/07/09) PUBLIC SAFETY (J. SHEALEY, CHAIRMAN) PARKS AND RECREATION (K. CRAWFORD, CHAIRPERSON) HOUSING (M. FREEMAN, CHAIRMAN) HEALTH AND SOCIAL SERVICE (R. GREENE, CHAIRPERSON) 2

3 ECONOMIC DEVELOPMENT & JOB CREATION (T. ALBANESE, CHAIRPERSON) REFERRED: (1) D-453. Petition of Adapt Engineering, Inc., for a Conditional Use to construct a drivethru addition at 1354 Vernon Odom Blvd. (PC ) (12/07/09) (2) Ordinance authorizing a Conditional Use to expand an auto repairs business at 1338 Newton Street; and declaring an emergency. (D-410) (11/23/09) (3) D-410. Petition of James Massey for a Conditional Use to expand a non-conforming automobile repair shop at 1338 Newton Street. (PC ) (10/05/09) (4) Ordinance authorizing the Director of Public Service to execute, on behalf of the City, an oil and/or gas lease agreement for the mineral rights of approximately 2.37 acres of City-owned land located on Frederick Boulevard, Seward Avenue and Nome Avenue, and approximately 7.11 acres of street right-of-way along Park Drive, and portions of Copley Road, Pickford Avenue, Juneau Avenue, Valdes Avenue Frederick Avenue, Seward Avenue, Nome Avenue, Little Street, Cordova Avenue, and unnamed alleys west of Cordova Avenue, between Pickford Avenue and Nome Avenue to Ohio Valley Energy Systems for completion of the Mountain of the Lord Unit No. 1 gas/oil well drilling unit unitization; and declaring an emergency. (10/26/09) (5) D-336. Petition of Jerry Wear for a Conditional Use to establish a welding shop and auto repair business at 298 ½ E. Cuyahoga Falls Avenue. (PC ) (06/15/09) (6) D-381. Petition of Twin Oakes Associates for a Conditional Use to construct an assisted living facility at 1111 W. Market Street. (PC )(9/14/09) FILED: (7) D-411. Petition of The Terra Group, dba L & M Key Investors, for a Conditional Use to place a projecting sign over the South Main Street right-of-way at 219 S. Main Street. (PC ) (10/05/09) (8) D-431. Petition of Clear Channel Outdoor for a Conditional Use to convert an existing billboard face to digital at th Street, SW (PC ) (12/07/09) READ IN BUT NOT PASSED ON OCTOBER 27, 2008: (1) Resolution honoring and recognizing the sacrifices and contributions of Akron Veterans and honoring their service by designating Waterloo Road between Kelly Avenue and Wingate Avenue as the Akron Veterans Corridor. (10/27/08) MISCELLANEOUS FILED: VIVA VOCE. D-454. Letter from Christine A. Link, Executive Direct of ACLU thanking Council for passing legislation to protect city residents from unfair discrimination based on sexual orientation and gender identity. FILED: VIVA VOCE. D-455. Two (2) City Sidewalk Program Petitions (2143 Forest Oak Dr., 2558 Edgebrook Ave) 3

4 FILED: VIVA VOCE. D-456. Notice of New C1, C2 liquor permits to Pete B. Papas dba International Spices and More, 1650 West Market Street. (WARD 4) FILED: VIVA VOCE. D-457. Notice of Transfer of D5, D6 liquor permits to Poppy N Joes, LLC dba Inferno, 1400 S. Arlington Street, Room (WARD 7) FILED: VIVA VOCE. D-458. Notice of Stock of D1, D2X, D3, D3A liquor permits to RMTG, Inc., dba Pegasus Pub & Patio, 898 W. Wilbeth Road. (WARD 9) FILED: VIVA VOCE. D-459. Notice of Liquor Agency Contract for Shop Express, 1565 S. Hawkins Road. (WARD 3) FILED: VIVA VOCE. D-460. Notice of Stock of C1, C2 liquor permits to Shop Express, 1565 S. Hawkins Road. (WARD 3) FILED: VIVA VOCE. D-461. Notice of Transfer of C1, C2 liquor permits to Franchise USA, LLC, dba AM/PM 2414, 1614 Merriman Road. (WARD 8) FILED: VIVA VOCE. D-462. Return Showing Service for the improvement of Baird Street as per Res. No FILED: VIVA VOCE. D-463. Return Showing Service for the improvement of South Main Street as per Res. No Motion by Conti to excuse Hurley. Carried: Viva Voce. REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS: Mayor Plusquellic; Dave Lieberth, Deputy Mayor Administration; Rick Merolla, Service Director; Diane Miller-Dawson, Finance Director; Cheri Cunningham, Director of Law; Bob Bowman, Deputy Mayor Economic Development; John Moore, Director of Planning; Mike Antenucci, Zoning; Debbie Forfia, Assistant Director of Law; Abraham Wescott, Development Services; Brad Beckert, Economic Development. COMMITTEE MEETINGS MONDAY, DECEMBER 14, :00 P.M. PUBLIC SERVICE MONDAY, DECEMBER 14, :15 P.M. HEALTH & SOCIAL SERVICE MONDAY, DECEMBER 14, :30 P.M. PLANNING MONDAY, DECEMBER 14, :45 P.M. ECONOMIC DEVELOPMENT AND JOB CREATION MONDAY, DECEMBER 14, :00 P.M. BUDGET AND FINANCE MONDAY, DECEMBER 14, :15 P.M. PUBLIC UTILITIES MONDAY, DECEMBER 14, :30 P.M. PARKS & RECREATION MONDAY, DECEMBER 14, :30 P.M. PUBLIC SAFETY MONDAY, DECEMBER 14, :45 P.M. HOUSING ON MOTION, Council adjourned at 7:45 p.m. Bob Keith Clerk of Council 4

5 ORDINANCES AND RESOLUTIONS PASSED DECEMBER 7, 2009 ORD. NO accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the HICKORY CORRIDOR/CASCADE LOCKS URA project; authorizing payment therefore; and declaring an emergency. RES. NO congratulating the members of the Firestone Park Sox, Ohio Hot Stove Baseball Team and their coaches on the occasion of winning the Class F State Championship; and declaring an emergency. ORD. NO authorizing a Conditional Use to construct a carport at 457 Lockwood Street; and declaring an emergency. ORD. NO authorizing the Mayor to enter into a contract with Summit County and the Summit County Prosecutor s Office for direct indictment services; authorizing payment therefore; and declaring an emergency. ORD. NO amending The Zoning Map by changing the Apartment House Use District (U2, H1, A2) Classification on property located on the west side of Brown Street, north of Wheeler Street to a Retail Business Use District (U3, H2, A2) Classification; and declaring an emergency. ORD. NO authorizing a Conditional Use to place a projecting sign over the South Main Street right-of-way at 219 South Main Street; and declaring an emergency. ORD. NO authorizing a Conditional Use to convert an existing billboard panel to digital at th Street SW; and declaring an emergency. ORD. NO approving and authorizing execution of a Development Agreement among the City, County of Summit, Summit County Port Authority and Bridgestone Firestone North American Tire, LLC; and declaring an emergency. ORD. NO authorizing the Director of Public Service to enter into a lease with Metro Parks Serving Summit County for the lease of the former Hardy Road Landfill and adjacent property for park purposes; and declaring an emergency. ORD. NO authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the construction of Expressway Barrier Inlet Repairs along I-76 between the Central Interchange and the Gilchrist Road Exit; approving specifications therefore; and declaring an emergency. ORD. NO authorizing the Purchasing Agent to enter into a contract with Infor Global Solutions for the purchase of labor, materials, tools and equipment to assess and upgrade the work order management system for use by the Public Utilities Bureau; and declaring an emergency. ORD. NO authorizing the Mayor to file an application and enter into an agreement with the State of Ohio, Department of Development for funding from the Clean Ohio Revitalization Fund for the environmental cleanup of the former Imperial Electric Company and XXth Century Heating and Ventilating Company properties in the City of Akron, and to enter into an agreement to implement the cleanup; and declaring an emergency. 5

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