AKRON, OHIO COUNCIL AGENDA OF JULY 20, 2009

Transcription

1 AKRON, OHIO COUNCIL AGENDA OF JULY 20, 2009 Regular Meeting Members all present, except Greene, later excused. A non-sectarian prayer was said by Joseph Dehart, St. Mary Anglican Catholic 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 authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the reconstruction of the tennis courts, removal of the basketball courts and installation of a pavilion at Firestone Park Community Center; approving specifications therefore; and declaring an emergency. (PUBLIC SERVICE) (2) Ordinance authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the sale of surplus asphalt grindings; approving specifications therefore; and declaring an emergency. (PUBLIC SERVICE) (3) Ordinance accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the C.D. LAND BANKING project; authorizing payment therefore; and declaring an emergency. (ECONOMIC DEVELOPMENT AND JOB CREATION) (4) 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) RULES (J. CONTI, CHAIRMAN) BUDGET AND FINANCE (T. MERLITTI, CHAIRPERSON) FIRST READING AND REFERRED: (1) Ordinance authorizing and establishing the City of Akron Voluntary Separation Plan, a retirement/resignation incentive plan to be made available to all eligible full-time City employees as of August 1, 2009; and declaring an emergency. () 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) (03/30/09) (2) D Capital Investment & Community Development Program. (12/15/08) (3) D Capital Investment & Community Development Program. (01/05/09) (4) D Petition for a Conditional Use to construct a carport at 487 Palisades Drive. (PC ) (03/02/09) (5) D-358. Petition of Jon Kopsky for a Conditional Use to construct an oversized garage at 1629 Hyde Park Avenue. (PC ) (07/06/09) 1

2 FIRST READING AND REFERRED: PUBLIC SERVICE (J. HURLEY, CHAIRMAN) (1) Ordinance determining to proceed with the improvement of Barbara Avenue between the termini of Allendale Avenue and the eastern terminus by paving; grading; constructing and reconstructing curbs, concrete sidewalks, driveway approaches and storm sewers; installing roof drain pipes; and planting trees; approving the report of the Assessment Equalization Board; and declaring an emergency. () FILED: (2) D-313. One letter objecting to the improvement of the Kenmore Business District per Res. No (06/01/09) (3) D-329. One letter objecting to the improvement of Barbara Avenue as per Res. No (06/08/09) (4) D One letter objecting to the improvement of Barbara Avenue as per Res. No (06/15/09) (5) D Four (4) letters objecting to the improvement of Barbara Avenue as per Res. No (06/22/09) (6) D Three (3) letters objecting to the improvement of Barbara Avenue as per Res. No (06/29/09) (7) D One petition with twenty-two signatures objecting to the improvement of Barbara Avenue as per Res. No (07/06/09) (8) D-335. Five (5) letters objecting to the street cleaning/street lighting program as per Res. No (06/15/09) (9) D Six (6) letters objecting to the street cleaning/street lighting program as per Res. No (06/22/09) PUBLIC UTILITIES (K. JONES, CHAIRMAN) PUBLIC SAFETY (J. SHEALEY, CHAIRMAN) PARKS AND RECREATION (K. CRAWFORD, CHAIRPERSON) HOUSING (M. FREEMAN, CHAIRMAN) 2

3 HEALTH AND SOCIAL SERVICE (R. GREENE, CHAIRPERSON) ECONOMIC DEVELOPMENT & JOB CREATION (T. ALBANESE, CHAIRPERSON) TIME: (1) Ordinance authorizing a Conditional Use to establish a two-family residence at 938 Haynes Street; and declaring an emergency. (7/13/09) (D-340) (: Public Hearing was held. Committee requested Time. Granted: Viva Voce) (2) D-340. Petition of Palladium-Bromwell Holdings, LLC for a Conditional Use to establish a two-family residence at 938 Haynes Street. (PC ) (06/15/09) (3) Ordinance authorizing a Conditional Use to land bank parking spaces at 383 Sherman Street for a 12-unit apartment house development at 436 Sumner Street; and declaring an emergency. (7/13/09) (D-341) (: Public Hearing was held. Committee requested Time. Granted: Viva Voce) (4) D-341. Petition of ASW Properties, Ltd., for a Conditional Use to land bank parking spaces at 383 Sherman Street for a residential development at 436 Sumner Street. (PC ) (06/15/09) (5) 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) (6) D-228. Petition for a Conditional Use to vary the development requirements to construct a retail building at 959 Copley Road. (PC ) (02/02/09) (7) D-229. Petition for a Conditional Use to establish a law office at 2367 East Market Street. (PC ) (02/02/09) (8) D-278. Petition for a Conditional Use to construct the Schumacher Community Learning Center at 1020 Hartford Avenue. Petitioner: Akron Public Schools. (PC ) (04/06/09) (9) D-306. Petition of American Legion Post #449 for a Conditional Use to construct a parking lot on the west side of 17 th Street SW, south of S. Kenmore Alley. (PC ) (05/11/09) (10) 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) COMMITTEE OF THE WHOLE (1) Ordinance authorizing and directing the submission to the electors of the City of Akron, of a proposal to amend Section 13, (Recall) Procedure, and Section 28 Composition of Council, Terms, Salaries and Vacancies of the Charter of the City of Akron to be voted upon at the next regular municipal election on November 3, 2009; and declaring an emergency. () 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) 3

4 MISCELLANEOUS FILED: VIVA VOCE. D-369. Notice from the Ohio Division of Liquor Control informing Council that a 30-day extension has been granted from July 6, 2009 to August 6, 2009 for the Transfer of a D5 permit to Dreamers Cabaret, LLC, 1110 Brittain Road. (WARD 2) FILED: VIVA VOCE. D-370. Notice from the Ohio Division of Liquor Control notifying council that all permits to sell alcoholic beverages in our political subdivision will expire on October 1, FILED: VIVA VOCE. D-371. Report of the Assessment Equalization Board regarding the improvement of the Canton Road and Kenmore Blvd Business District as per Res. No FILED: VIVA VOCE. D-372. Report of the Assessment Equalization Board regarding the Street Cleaning/Street Lighting program as per Res. No FILED: VIVA VOCE. D-373. Report of the Assessment Equalization Board regarding the improvement of Barbara Avenue as per Res. No Motion to excuse Greene. Carried: Viva Voce. REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS: Mayor Plusquellic; Dave Lieberth, Deputy Mayor, Administration; Cheri Cunningham, Assistant Director of Law; Tammy Kalail, Assistant Law Director; John Moore, Planning Director; Brad Beckert, Engineering; Diane Miller-Dawson, Director of Finance; John Valle, Deputy Service Director; Ron Williamson, Deputy Service Director; Ralph Coletta, City Engineer; Debbie Forfia, Assistant Director of Law; Tom Quade, Director of Health; Billy Soule, Assistant to the Mayor; Pat Fitzgibbons, Zoning Manager. COMMITTEE MEETINGS MONDAY, JULY 27, :00 P.M. PUBLIC SERVICE MONDAY, JULY 27, :15 P.M. HEALTH & SOCIAL SERVICE MONDAY, JULY 27, :30 P.M. PARKS & RECREATION MONDAY, JULY 27, :45 P.M. ECONOMIC DEVELOPMENT AND JOB CREATION MONDAY, JULY 27, :00 P.M. BUDGET AND FINANCE MONDAY, JULY 27, :15 P.M. PUBLIC UTILITIES MONDAY, JULY 27, :30 P.M. PUBLIC SAFETY MONDAY, JULY 27, :45 P.M. PLANNING MONDAY, JULY 27, :45 P.M. HOUSING ON MOTION, Council adjourned at 8:15 p.m. Bob Keith Clerk of Council 4

5 ORDINANCES AND RESOLUTIONS PASSED JULY 27, 2009 ORD. NO accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the NEIGHBORHOOD INITIATIVE PROGRAM project; authorizing payment therefore; and declaring an emergency. ORD. NO authorizing the Purchasing Agent to enter into a contract with PSX, Inc. for the construction of a nested area within the Opportunity Park Parking Deck; authorizing payment therefore; and declaring an emergency. ORD. NO 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 acres of street right-of-way along Warner Road to M & M Royalty, Ltd. for the Firestone Country Club No. 2-D, No. 3-D, No. 4-D, and No. 5-D gas/oil well unitizations; and declaring an emergency. ORD. NO 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 3.29 acres of street right-of-way on portions of Swartz Road, Harrington Road, Coventry Boulevard, Picadilly Circle, and Cambridge Court, to M & M Royalty, Ltd. for completion of the Griffis Unit #1-D gas/oil well drilling unit unitization; and declaring an emergency. ORD. NO 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 1.4 acres of City-owned land located on the north side of East Archwood Avenue between Kelly Avenue and Anderson Avenue, approximately.32 acres of City-owned land located on the southwest corner of East Archwood Avenue and Kelly Avenue, and approximately 9.12 acres of street right-of-way within the area generally bounded by Welton Avenue and Wyley Avenue on the north, Ardella Avenue, Staeger Street and Eugene Street on the west, Austin Avenue, Neville Avenue and Georgia Avenue on the south, and Baltimore Avenue and Underwood Avenue on the east, to Ohio Valley Energy Systems for completion of the Wright Unit No. 1 gas/oil well drilling unit unitization; and declaring an emergency. ORD. NO declaring certain improvements to real property located in the Summit Street Urban Renewal Area to be a public purpose and exempt from real property taxation, providing for the collection of service payments in lieu of taxes, providing for the payment of a portion of said service payments to the Akron Public School District, establishing the Summit Street Urban Renewal Tax Increment Equivalent Fund (Akron Polymer), all pursuant to Ohio Revised Code Sections to (the Act ); and declaring an emergency. ORD. NO authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for construction of Morley Parking Deck repairs and renovation: approving specifications therefore; and declaring an emergency. ORD. NO authorizing the Director of Finance to pay $60,000 as an operating subsidy for the 2009 All-American Soap Box Derby; and declaring an emergency. ORD. NO determining to proceed with the improvement of State Road in accordance with the Resolution of Necessity (2009 Phase II Arterial/Collector Resurfacing Program); and declaring an emergency. ORD. NO authorizing the Director of Public Service to enter into a contract with Cavanaugh Building Corporation for the emergency replacement of the roof at the Patterson Park Community Center, authorizing payment therefore; and declaring an emergency. ORD. NO levying special assessments and determining to proceed with the improvement of various off-street parking facilities known as the Kenmore Business District et al. including the Canton Road parking facility by sealing, resurfacing and repairing, painting parking space stripes, sweeping, removing snow, cleaning sewer openings, providing lawn, turf, shrub and tree maintenance, litter and other general clean-up and otherwise improving and maintaining the same, and all when and where necessary; and approving the report of the Assessment Equalization Board, and declaring an emergency. 5

6 ORD. NO authorizing the Director of Public Service to enter into an agreement with the Ohio Department of Transportation for the improvement of Frank Boulevard from Denby Avenue to Ayers Avenue; and declaring an emergency. ORD. NO determining to proceed with the improvement of certain streets in the City, between certain termini, by providing street-cleaning services and street lighting: approving the report of the Assessment Equalization Board; and declaring an emergency. ORD. NO authorizing the Director of Public Service to enter into an agreement with the Ohio Department of Transportation for the construction of a roadway from Eagle Street to Massillon Road within the Eastgate area; and declaring an emergency. ORD. NO authorizing the Director of Public Service to enter into a development agreement with Akron Metropolitan Housing Authority to provide for public street improvements in the Edgewood Homes Hop VI Area; authorizing payment therefore; and declaring an emergency. ORD. NO authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the installation of approximately 1670 feet of sanitary sewer on Cleveland-Massillon Road (Commerce Drive to Ridgewood Road) and Ridgewood Road (Cleveland- Massillon Road to 500 feet east); approving specifications therefore; and declaring an emergency. ORD. NO authorizing the Mayor to file an application and enter into an agreement for funding through the Ohio EPA Water Pollution Control Loan Fund for restoration of the Little Cuyahoga River from Seiberling Way to the Martha Avenue Box Culvert; and declaring an emergency. ORD. NO amending and/or supplementing Title 9, Chapter 98 of the Code of Ordinances of the City of Akron by enacting Section to regulate the time, place, and manner of news racks in Community Entertainment Districts; and declaring an emergency. ORD. NO authorizing the Director of Public Service to enter into an agreement for the sale of surplus water to Strouble Water Hauling and Trucking; and declaring an emergency. RES. NO opposing and objecting to the application of Dreamers Cabaret 1110 Brittain Road, Akron, Ohio for a Class D5 liquor permit now pending before the Division of Liquor Control; and declaring an emergency. RES. NO opposing and objecting to the application of Michoacana Market Inc Copley Road, Akron, Ohio for a Class C1, D1, liquor permit now pending before the Division of Liquor Control; and declaring an emergency. ORD. NO authorizing the Mayor to enter into a contract, after publicly advertising for bids, for the purchase of labor and materials to refurbish Fire and EMS vehicles; approving specifications therefore and declaring an emergency. ORD. NO A. Ordinance authorizing the Director of Health to enter into an agreement with Ritzman Pharmacies, Inc. for the provision of prescription drug dispensing services to patients of the Akron Health Department; authorizing payment therefore; and declaring an emergency. ORD. NO directing the appropriation of a fee simple interest and temporary easement interest in certain real property owned by Thomas F. Lavery, located on vacant land on the Northwest corner of Smith Road and Riverview Road, for the purposes of constructing, reconstructing, making or repairing roads that are open to the public in conjunction with the SUM/Smith Road Project; declaring the necessity and intention of the City of Akron to proceed under Ohio Revised Code, Section (B) for the purpose of constructing, reconstructing, making or repairing roads that are open to the public without charge; and declaring an emergency.. 6

7 RES. NO urging the Federal Highway Administration to determine expediently the eligibility for funding of the Englewood Avenue Service Road Improvement Project in the City of Akron; and declaring an emergency. RES. NO urging the United States Postal Service to keep the Maple Valley Station and East Akron Branch offices open so that they can continue to provide a vital service to the residents of those neighborhoods; and declaring an emergency. 7