AKRON, OHIO COUNCIL AGENDA OF JUNE 1, 2009

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1 AKRON, OHIO COUNCIL AGENDA OF JUNE 1, 2009 Regular Meeting Members all present, except Jones, later excused. A non-sectarian prayer was said by Councilman Mike Freeman. 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 removal and replacement of the fence along Hands Lateral; approving specifications therefore; and declaring an emergency. (PUBLIC SERVICE) (2) Ordinance amending and/or supplementing Title 19 of the Code of Ordinances of the City of Akron to revise Section to adopt new flood hazard maps; and declaring an emergency. (PUBLIC SERVICE) (3) Ordinance accepting a sewer easement for property described below in the City of Akron, for the MARIGOLD / ROCKFORD / SAGE STORM IMPROVEMENTS project; and declaring an emergency. (ECONOMIC DEVELOPMENT & JOB CREATION) RULES (J. CONTI, CHAIRMAN) BUDGET AND FINANCE (T. MERLITTI, CHAIRPERSON) 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 Petition for a Conditional Use to construct a carport at 487 Palisades Drive. (PC ) (03/02/09) FILED: (3) D Capital Investment & Community Development Program. (12/15/08) (4) D Capital Investment & Community Development Program. (01/05/09) (5) D-301. Petition of Ryan & Christina Wooley for a Conditional Use to construct a garage within the side yard setback at 693 Kennebec Avenue. (PC ) (05/11/09) REFERRED: PUBLIC SERVICE (J. HURLEY, CHAIRMAN) (1) D-313. One letter objecting to the improvement of the Kenmore Business District per Res. No () 1

2 TIME: (2) D-285. One letter objecting to the Manchester Rd. Phase II Program as per Res. No (04/20/09) FILED: (3) D-268. One letter objecting to the Special Assessment Improvement District as per Res. No (03/30/09) (4) D-274. One letter objecting to the improvement of Santee Avenue as per Res. No (04/06/09) (5) D Two (2) letters objecting to the improvement of Dover Avenue et al, as per Res. No (04/13/09) (6) D One letter objecting to the improvement of East Park Blvd. as per Res. No (04/20/09) (7) D-275. One letter objecting to the improvement of Carnegie Avenue as per Res. No (2009 Phase I Arterial Collector Program) (04/06/09) (8) D One letter objecting to the 2009 Phase I Arterial Collector Program as per Res. No (04/13/09) (9) D One letter objecting to the 2009 Phase I Arterial Collector Program as per Res. No (04/20/09) (10) D-276. One letter objecting to the improvement of Robindale Avenue as per Res. No (2009 Phase I Residential Resurfacing Program) (04/06/09) (11) D Five (5) letters objecting to the 2009 Phase I Residential Resurfacing Program as per Res. No (04/13/09) (12) D Three (3) letters objecting to the 2009 Phase I Residential Resurfacing Program as per Res. No (13) D Three (3) letters and one petition with 32 signatures objecting to the 2009 Phase I Residential Resurfacing Program as per Res. No (04/27/09) (14) D-277. Three (3) letters objecting to the 2009 Phase I Unimproved Street Improvement Program as per Res. No (04/06/09) (15) D Four (4) letters objecting to the 2009 Phase I Unimproved Street Improvement Program as per Res. No (04/13/09) (16) D Four (6) letters and two (2) petitions objecting to the 2009 Phase I Unimproved Street Improvement Program as per Res. No (04/20/09) (17) D One letter objecting to the 2009 Unimproved Street Resurfacing Program as per Res. No (18) D Two (2) letters objecting to the 2009 Phase I Unimproved Street Resurfacing Program as per Res. No (05/0409) (19) D-284. Three (3) letters objecting to the 2009 Pavement Recycling Program as per Res. No (04/20/09) 2

3 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) ECONOMIC DEVELOPMENT & JOB CREATION (T. ALBANESE, CHAIRPERSON) FIRST READING AND REFERRED UP FOR PUBLIC HEARING JUNE 8, 2009: (1) Ordinance authorizing a Conditional Use to retain a two-unit dwelling at 344 Pioneer Street; and declaring an emergency. (D-303) () TIME: (2) D-303. Petition of Eric Kolb for a Conditional Use to establish a two-family dwelling at 344 Pioneer Street. (PC ) (05/11/09) (3 Ordinance authorizing the expenditure of funds necessary to assist in the acquisition of the AHOPES facility at 838 Coburn Street by a qualified assisted living provider and to provide relocation assistance to the residents of said facility, and authorizing the City to forgive the loan the City provided AHOPES in 2007; and declaring an emergency. (05/11/09) (4) 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) (5) 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) (6) D-229. Petition for a Conditional Use to establish a law office at 2367 East Market Street. (PC ) (02/02/09) (7) 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) 3

4 (8) D-302. Petition of Mike Pruitt Realty, Ltd., for a Conditional Use to place a digital high-rise sign on property at 43 Pruitt Boulevard. (PC ) (05/11/09) (9) D-304. Petition of Emerson Family Limited Partnership for a Conditional Use to establish a pallet recycling business at 1489 Kelly Avenue. (PC ) (05/11/09) (10) D-305. Petition of Michelle Parker for a Conditional Use to establish a two-family dwelling at 520 Crosby Street. (PC ) (05/11/09) (11) 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) FILED: (12) D-298. Renewal Application of Willie Culpepper to place his property in an Agricultural District. (05/04/09) (13) D-299. Renewal Application of Joseph R. Munka to place his property in an Agricultural District. (05/04/09) 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 Income Tax Receipts for period ending March 31, FILED: VIVA VOCE. D-314. Notice of Stock of D5 liquor permit to Last Quarter, 1895 Triplett Blvd. (WARD 6) FILED: VIVA VOCE. D-315. Notice of Transfer of C1, C2 liquor permits to Wallhaven Drive Thru. (WARD 8) FILED: VIVA VOCE. D-316. Notice of Stock of C2, C2X liquor permits to Doyles Drive Thru, 1605 Triplett Blvd. (WARD 10) FILED: VIVA VOCE. D-317. Notice of Stock of C2, C2X liquor permits to Doyles Drive Thru, 1184 W. Wilbeth Road. (WARD 9) FILED: VIVA VOCE. D-318. Notice of Transfer of D5 liquor permit to T & TJ Enterprises, 1527 E. Market Street. (WARD 10) FILED: VIVA VOCE. D-319. Notice of Transfer of C1, C2, and D6 liquor permits to Red White & Brew Thru, 1900 S. Main. (WARD 7) FILED: VIVA VOCE. D-320. Notice of Transfer of C2, C2 liquor permits to Jacks Deli, 1382 Copley Road. (WARD 4) FILED: VIVA VOCE. D-321. Notice of New D1, D3, D3A liquor permits to Cachi Night Club, 767 N. Main Street. (WARD 1) FILED: VIVA VOCE. D-322. Report of the Assessment Equalization Board on the hearing of objections for Res. No (Dover et al) FILED: VIVA VOCE. D-323. Report of the Assessment Equalization Board on the hearing of objections for Res. No (2009 Phase I Pavement Recycling Program) 4

5 FILED: VIVA VOCE. D-324. Report of the Assessment Equalization Board on the hearing of objections for Res. No (2009 Phase I Arterial/Collector Resurfacing Program) FILED: VIVA VOCE. D-325. Report of the Assessment Equalization Board on the hearing of objections for Res. No (2009 Phase I Residential Resurfacing Program) FILED: VIVA VOCE. D-326. Report of the Assessment Equalization Board on the hearing of objections for Res. No (2009 Phase I Unimproved Street Resurfacing Program) FILED: VIVA VOCE. D-327. Eight (8) City Sidewalk Program Petitions FILED: VIVA VOCE. D-328. Return Showing Service for the improvement of parking facilities in the Kenmore Business District and the Canton Road Business District as per Res. No CARRIED: VIVA VOCE. Motion to excuse Jones. REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS: Dave Lieberth, Deputy Mayor Administration; Ron Williamson, Deputy Service Director; Max Rothal, Law Director; Tammy Kalail, Assistant Law Director; Bob Bowman, Deputy Mayor Economic Development; John Moore, Planning Director; Billy Soule, Assistant to the Mayor Community Relations; Tom Quade, Director of Health; Pat Fitzgibbons, Zoning Manager COMMITTEE MEETINGS MONDAY, JUNE 8, :00 P.M. PUBLIC SERVICE MONDAY, JUNE 8, :15 P.M. HEALTH & SOCIAL SERVICE MONDAY, JUNE 8, :45 P.M. ECONOMIC DEVELOPMENT AND JOB CREATION MONDAY, JUNE 8, :00 P.M. BUDGET AND FINANCE MONDAY, JUNE 8, :15 P.M. PUBLIC UTILITIES MONDAY, JUNE 8, :30 P.M. PUBLIC SAFETY MONDAY, JUNE 8, :45 P.M. PLANNING MONDAY, JUNE 8, :45 P.M. PARKS & RECREATION MONDAY, JUNE 8, :45 P.M. HOUSING ON MOTION, Council adjourned at 7:50 p.m. Bob Keith Clerk of Council 5

6 ORDINANCES AND RESOLUTIONS PASSED JUNE 1, 2009 ORD. NO authorizing a Conditional Use to construct a garage within the side yard setback at 693 Kennebec Avenue. ORD. NO authorizing an amendment to the 2008 Consolidated Plan and Community Development/Home Program, to include the Community Development Block Grant Recovery program (CDBG-R) as an eligible activity; authorizing the Director of Planning and Urban Development to enter into all necessary agreements for the operation and term of the activities; and declaring an emergency. RES. NO approving, with modification, the renewal application of Willie C. Culpepper to have agricultural property at 1655 Collier Road placed in an agricultural district pursuant to revised Code Section , et seq.; and declaring an emergency. RES. NO approving, with modification, the renewal application of 1831 Wooster Avenue LLC to have agricultural property at 1831 Vernon Odom Boulevard placed in an agricultural district pursuant to Revised Code Section , et seq.; and declaring an emergency. ORD. NO Ordinance authorizing the Director of Public Service to enter into an agreement with the Ohio Director of Transportation for the construction of improvements to Vernon Odom Boulevard from the West corporation line to Romig Road and from Maxen to Everton Drive; and declaring an emergency. RES. NO declaring it necessary to improve 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; and declaring an emergency. ORD. NO approving the report of the Assessment Equalization Board selected pursuant to Section of the Code of Ordinances of the City and Resolution No passed assessments for the improvement of Archwood Avenue and certain other streets between certain termini in accordance with the Resolution of Necessity (2009 Phase I Arterial/Collector Resurfacing Program); determining to proceed with the improvement; and declaring an emergency. ORD. NO determining to proceed with the improvement of Dover Avenue between the termini of Diagonal Road and Stoner Street, East Park Boulevard between the termini of Congo Street and the southern terminus, Genoa Avenue between the termini of Cluster Avenue and East Park Boulevard and Santee Avenue between the termini of South Arlington Street and Van Everett Avenue by paving; grading; constructing and reconstructing curbs, concrete sidewalks, driveway approaches and water mains; installing roof drain pipes; and planting trees; approving the report of the Assessment Equalization Board; and declaring an emergency. ORD. NO approving the report of the Assessment Equalization Board selected pursuant to Section of the Code of Ordinances of the City and Resolution No passed assessments for the improvement of 12 th Street SW and certain other streets between certain termini in accordance with the Resolution of Necessity (2009 Phase I Pavement Recycling Resurfacing Program); determining to proceed with the improvement; and declaring an emergency. ORD. NO approving the report of the Assessment Equalization Board selected pursuant to Section of the Code of Ordinances of the City and Resolution No passed assessments for the improvement of Ada Street and certain other streets between certain termini in accordance with the Resolution of Necessity (2009 Phase I Residential Resurfacing Program); determining to proceed with the improvement; and declaring an emergency. 6

7 ORD. NO approving the report of the Assessment Equalization Board selected pursuant to Section of the Code of Ordinances of the City and Resolution No passed assessments for the improvement of Abington Road and certain other streets between certain termini in accordance with the Resolution of Necessity (2009 Phase I Unimproved Street Resurfacing Program); determining to proceed with the improvement; and declaring an emergency. RES. NO declaring the official intent and reasonable expectation of the City of Akron on behalf of the State of Ohio (borrower) to reimburse its capital fund for the Dover Avenue, et al, with the proceeds of tax exempt debt of the State of Ohio; and declaring an emergency. ORD. NO authorizing the Mayor to file an application and enter into a grant agreement for funding from the U. S. Department of Homeland Security Assistance to Firefighters Grant Program and to enter into a contract to implement the grant agreement; authorizing the expenditure of local matching funds; and declaring an emergency. ORD. NO authorizing the Mayor to enter into an agreement with the Summit County Historical Society for the operation of the Akron History Museum at Lock 3 Park during 2009; authorizing payment therefore; 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 and asbestos removal at the Landmark Building, the former Akron Savings Building, as part of the Lock 3 Redevelopment Project in the City of Akron; and if funding is awarded, to enter into an agreement to implement the cleanup; and declaring an emergency. 7

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