AKRON, OHIO COUNCIL AGENDA OF NOVEMBER 16, 2009
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1 AKRON, OHIO COUNCIL AGENDA OF NOVEMBER 16, 2009 Regular Meeting- All members present, except Greene and Merlitti, later excused. A nonsectarian prayer was said by Pastor Kevin Truax of Gateway 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 conveyance (s) by deed of estates in fee simple of property in the City of Akron, for the EASTGATE URBAN RENEWAL AREA project; authorizing payment therefore; and declaring an emergency. (ECONOMIC DEVELOPMENT AND JOB CREATION) FIRST READING AND REFERRED: RULES (J. CONTI, CHAIRMAN) BUDGET AND FINANCE (T. MERLITTI, CHAIRPERSON) (1) Ordinance amending and/or supplementing the Code of Ordinances of the City of Akron to provide equal opportunity and prohibit discrimination on the basis of sexual orientation and gender identity; and declaring an emergency. (11/16/09) TIME: (2) Ordinance amending Ordinance No , passed March 9, 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. (11/09/09) TIME: 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) (3) D Capital Investment and Community Development Program (12/15/08) (4) D Capital Investment & Community Development Program (01/05/09) REFERRED: PUBLIC SERVICE (J. HURLEY, CHAIRMAN) (1) D One letter objecting to the improvement of Hilbish Avenue as per Res. No (11/16/09) 1
2 TIME: (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) PUBLIC UTILITIES (K. JONES, CHAIRMAN) PUBLIC SAFETY (J. SHEALEY, CHAIRMAN) PARKS AND RECREATION (K. CRAWFORD, CHAIRPERSON) HOUSING (M. FREEMAN, CHAIRMAN) HEALTH AND SOCIAL SERVICE (R. GREENE, CHAIRPERSON) TIME: ECONOMIC DEVELOPMENT & JOB CREATION (T. ALBANESE, CHAIRPERSON) (1) 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) (2) Ordinance 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. (11/17/08) (3) 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) (4) 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) 2
3 (5) 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) (6) 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) (7) D-430. Petition of Bridgestone Americas for a Conditional Use to vary the Firestone Boulevard and South Main Street building lines to construct a parking garage and an office building at 10 South Firestone Boulevard. (PC ) (10/26/09) (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 ) (10/26/09) FILED: (9) D-412. Councilmatic request to investigate the vacation of Mallison Street north of Euclid Avenue to construct a parking lot for the Akron Zoo. (PC ) (10/05/09) 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 Capital Investment & Community Development Progress Report. FILED: VIVA VOCE. D-443. Notice from the Ohio Department of Natural Resources informing Council that they have received an application from M & M Royalty, Ltd., for a permit to drill and oil/gas well in the City of Akron. FILED: VIVA VOCE. D-444. Return Showing Service for the improvement of Hilbish Avenue as per Res. No CARRIED: VIVA VOCE. Motion to excuse Greene, Merlitti. REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS: Diane Miller Dawson, Director of Finance; Ronnie Williamson, Deputy Service Director; Cheri Cunningham, Director of Law; Laraine Duncan, Deputy Mayor Intergovernmental Relations; Tom Quade; Director of Health; Dave Lieberth, Deputy Mayor Administration; Mike Antenucci, Zoning; Helen Tomic, Comprehensive Planning. 3
4 COMMITTEE MEETINGS MONDAY, NOVEMBER 23, :00 P.M. PUBLIC SERVICE MONDAY, NOVEMBER 23, :15 P.M. HEALTH & SOCIAL SERVICE MONDAY, NOVEMBER 23, :30 P.M. PLANNING MONDAY, NOVEMBER 23, :30 P.M. PARKS & RECREATION MONDAY, NOVEMBER 23, :45 P.M. ECONOMIC DEVELOPMENT AND JOB CREATION MONDAY, NOVEMBER 23, :00 P.M. BUDGET AND FINANCE MONDAY, NOVEMBER 23, :15 P.M. PUBLIC UTILITIES MONDAY, NOVEMBER 23, :30 P.M. PUBLIC SAFETY MONDAY, NOVEMBER 23, :45 P.M. HOUSING ON MOTION, Council adjourned at 7:25 p.m. Bob Keith Clerk of Council 4
5 ORDINANCES AND RESOLUTIONS PASSED NOVEMBER 16, 2009 ORD. NO amending/supplementing Title 15, Chapter 153, Zoning Code, Section Prohibited Accessory Uses in residence districts, by deleting Subsection (A) prohibiting certain accessory uses and structures, including spite fences ; and declaring an emergency. ORD. NO authorizing a Conditional Use to construct an employee parking lot for the Akron Zoological Park at Euclid Avenue; and declaring an emergency. ORD. NO Ordinance authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the operation and maintenance of City-owned gas and/or oil wells; approving specifications therefore; and declaring an emergency. ORD. NO levying special assessments for the improvement of North Portage Path between the termini of Mark Drive and Barcelona Drive by paving; grading; constructing and reconstructing curbs, concrete sidewalks, driveway approaches and storm sewers; installing roof drain pipes; and planting trees; and declaring an emergency. RES. NO declaring it necessary to improve Frank Boulevard between the termini of White Pond Drive and Ayers Avenue by paving; grading; constructing and reconstructing curbs, concrete sidewalks, driveway approaches, storm sewers and water mains; installing roof drain pipes; installing street lighting; and planting trees; and declaring an emergency. ORD. NO amending and/or supplementing Title 11 of the Code of Ordinances of the City of Akron by amending and/or supplementing Hours of Sale concerning sales in the Community Entertainment District; and declaring an emergency. ORD. NO authorizing the Director of Health to enter into an agreement with the Barberton Health Department and the Summit County Health District to enroll women, infants, and children in the Special Supplemental Nutrition Grant Program funded by the Ohio Department of Health; authorizing payment therefore; and declaring an emergency. ORD. NO directing the appropriation of a fee simple interest and temporary right of way interest in certain real property owned by South Main Street Properties, LLC, located at 1769 South Main Street, for the purposes of constructing, reconstructing, making or repairing roads that are open to the public in conjunction with the SUM/South Main Street Roadway Improvements Project; declaring the necessity and intention of the City of Akron to proceed under Ohio Revised Code, Section (B) for the purposes of constructing, reconstructing, making or repairing roads that are open to the public without charge; and declaring an emergency. ORD. NO directing the appropriation of a fee simple interest and temporary right of way interest in certain real property owned by Andrew W. and Terry Lynn Pfaff, located at 2015 South Main Street, for the purposes of constructing, reconstructing, making or repairing roads that are open to the public in conjunction with the SUM/South Main Street Roadway Improvements Project; declaring the necessity and intention of the City of Akron to proceed under Ohio Revised Code, Section (B) for the purposes of constructing, reconstructing, making or repairing roads that are open to the public without charge; and declaring an emergency. ORD. NO directing the appropriation of a fee simple interest and temporary right of way interest in certain real property owned by Robert C. and Tami L. Asher, located at 2018 South Main Street, for the purposes of constructing, reconstructing, making or repairing roads that are open to the public in conjunction with the SUM/South Main Street Roadway Improvements Project; declaring the necessity and intention of the City of Akron to proceed under Ohio Revised Code, Section (B) for the purposes of constructing, reconstructing, making or repairing roads that are open to the public without charge; and declaring an emergency. 5
6 ORD. NO directing the appropriation of a fee simple interest and temporary right of way interest in certain real property owned by Young Realty Co., Inc., located at 2036 South Main Street, for the purposes of constructing, reconstructing, making or repairing roads that are open to the public in conjunction with the SUM/South Main Street Roadway Improvements Project; declaring the necessity and intention of the City of Akron to proceed under Ohio Revised Code, Section (B) for the purposes of constructing, reconstructing, making or repairing roads that are open to the public without charge; and declaring an emergency. 6
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