CITY OF AKRON, OHIO Garry Moneypenny, President Mike Freeman, Vice-President Margo Sommerville, President Pro-Tem Members of Council: Michael Williams, At-Large Tara Mosley-Samples, Ward 5 Linda Omobien, At-Large Bob Hoch, Ward 6 Jeff Fusco, At-Large Donnie Kammer, Ward 7 Rich Swirsky, Ward 1 Marilyn Keith, Ward 8 Jim Hurley, Ward 2 Mike Freeman, Ward 9 Margo Sommerville, Ward 3 Garry Moneypenny, Ward 10 Russel Neal, Ward 4 www.akroncitycouncil.org COUNCIL AGENDA FOR MARCH 2, 2015 Regular Meeting held on February 23, 2015. All members were present except Williams, later excused. Minutes of the previous regular meeting read and approved. CONSENT AGENDA (1) Ordinance authorizing the Mayor to file an application and enter into an agreement with the Ohio Water Development Authority for a loan to finance the construction of the Ohio Canal Interceptor Tunnel Exchange Street Utility Relocation project; and declaring an emergency. (PUBLIC SERVICE) (2) Ordinance authorizing the Mayor to file an application and enter into an agreement with the Ohio Water Development Authority for a loan to finance the construction of the Ohio Canal Interceptor Tunnel Otto Street Pump Station; and declaring an emergency. (PUBLIC SERVICE) (3) Ordinance authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the construction of the Ohio Canal Interceptor Tunnel Exchange Street Utility Relocation project; approving specifications therefore; and declaring an emergency. (PUBLIC SERVICE) (4) Ordinance authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the construction of the Ohio Canal Interceptor Tunnel Otto Street Pump Station; approving specifications therefore; and declaring an emergency. (PUBLIC SERVICE) (5) Ordinance authorizing the Director of Public Service, in connection with the construction of the Ohio Canal Interceptor Tunnel Project or alternate improvements established through the United States Environmental Protection Agency Integrated Planning Process; to self-perform portions of the required work with City employees; obtain additional trade union labor, as necessary; enter into Construction Manager at Risk Contracts; Design Build Agreements or similar contracts based on a lowest and best responsible proposer basis; enter into contracts after advertising for bids; or any combination of the foregoing; approving specifications therefor; and declaring an emergency. (PUBLIC SERVICE) (6) Ordinance accepting a dedication plat for a portion of North Highland Avenue; and declaring an emergency. (PLANNING)
(7) Ordinance approving the donation of City-owned land on Archwood Avenue to Westside Neighborhood Development Corporation; determining said property is not needed for public use; and declaring an emergency. (PLANNING) (8) Ordinance authorizing the purchase of property at 138 W. South St. for C.D. Land Banking purposes; and declaring an emergency. (PLANNING) (9) Ordinance declaring the necessity of, determining to proceed with, and levying special assessments for the improvement of 533 West Market Street in the City of Akron by repairing and reconstructing a sanitary sewer and appurtenances thereto; all in accordance with a petition submitted by the property owner of 533 West Market Street; and declaring an emergency. (PUBLIC SERVICE) (10) Ordinance authorizing the Purchasing Agent to purchase labor and materials from the Ohio Edison Company through the Efficiency Safety Incentive Program for the maintenance of street lights in the City; and declaring an emergency. (PUBLIC SERVICE) (11) Ordinance ratifying the actions of the Director of Public Service in entering into a contract with H.M. Miller Construction Company for the emergency repair of the sanitary sewer at North Union Street; and declaring an emergency. (PUBLIC SERVICE) (12) Ordinance authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the construction of the Arlington Waterloo Intersection project; and declaring an emergency. (PUBLIC SERVICE) (13) Ordinance authorizing the Director of Public Service, in connection with the construction of the Sanitary Sewer Reconstruction 2015 project, to self-perform portions of the required work with City employees; obtain additional trade union labor, as necessary; enter into Construction Manager at Risk Contracts; Design Build Agreements or similar contracts based on a lowest and best responsible proposer basis; enter into contracts after advertising for bids; or any combination of the foregoing; approving specifications therefor; and declaring an emergency. (PUBLIC SERVICE) (14) Ordinance authorizing the Mayor to file an application and enter into an agreement with the Ohio Water Development Authority ( OWDA ) for an OWDA loan for the planning, design and construction of the Sanitary Sewer Reconstruction 2015 project; and declaring an emergency. (PUBLIC SERVICE) (15) Ordinance authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the construction of the Sanitary Sewer Reconstruction 2014 Phase II project; approving specifications therefor; and declaring an emergency. (PUBLIC SERVICE) (16) Ordinance authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids through the Office of the Purchasing Agent, for the purchase of various primary tank parts for the Water Reclamation Facility; and declaring an emergency. (PUBLIC SERVICE) (17) Ordinance authorizing the Director of Public Service to enter into a Joint Funding Agreement with the U.S. Geological Survey for the operation and maintenance of flow measurement gauges and the collection of data on the Cuyahoga River, for the period October 1, 2014 through September 30, 2017; and declaring an emergency. (PUBLIC UTILITIES) (18) Ordinance ratifying the actions of the Director of Public Service in entering into a contract with H.M. Miller Construction Company for the emergency repair of two water transmission mains on Glenwood Avenue and Memorial Parkway; and declaring an emergency. (PUBLIC UTILITIES)
(19) Ordinance authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the interior and exterior painting of two Low Boy water storage tanks; and declaring an emergency. (PUBLIC UTILITIES) (20) Ordinance authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids through the Office of the Purchasing Agent, for the restoration of turf and grass following water main and sewer repairs; and declaring an emergency. (PUBLIC UTILITIES) (21) Ordinance authorizing the Mayor to file applications and enter into grant agreements for funding from the U.S. Department of Homeland Security, through the Federal Emergency Management Agency s Assistance to Firefighters Program; authorizing the Mayor to enter into contracts, through the Office of the Purchasing Agent, to implement the purpose of the grant agreements; authorizing the expenditure of local matching funds; and declaring an emergency. (PUBLIC SAFETY) RULES (G. MONEYPENNY, CHAIRMAN) BUDGET AND FINANCE (M. FREEMAN, CHAIRMAN) PLANNING (J. FUSCO, CHAIRMAN) FIRST READING AND REFERRED- UP FOR PUBLIC HEARING MARCH 16, 2015: (1) Ordinance authorizing a Conditional Use to construct an addition at 724 South Arlington Street. (D-173)(2/23/15) REFERRED: (2) D-173. Petition of Top Gun Development Corp., for a Conditional Use to construct a warehouse addition at 724 South Arlington Street. (PC-2014-77) (2/23/15) TIME: (3) Ordinance authorizing a Conditional Use to construct a Family Dollar store at 1134 Brown Street. (D-147) (12/15/14) (Note: Public Hearing held 1/12/15. Committee requested Time. Granted: Viva Voce) (4) D-147. Petition of Hutton for a Conditional Use to construct a Family Dollar store at 1134 Brown Street. (PC-2014-66) (12/8/14)
(5) Ordinance amending/supplementing Title 15, Chapter 153, Zoning Code, Section 153.140 Definitions, to remove tires from the definition of an automobile service station and to establish a definition of tire sales; Section 153.285 Commercial districts-class U4, to classify tire sales as a commercial use; and Section 153.310 Business and Industry Requirements, to establish minimum lot size requirements and to prohibit any outside work related to the tire sales; and declaring an emergency. (1/5/15) (Note: Public Hearing held 1/12/15. Committee requested Time. Granted: Viva Voce) (6) D-152. 2014-2018 Capital Investment and Community Development Program. (1/5/15) (7) Ordinance authorizing a Conditional Use to permit vehicular access from Whitestone Avenue for the conditionally zoned apartment complex at 1301 Brownstone Avenue; and declaring an emergency. (D- 121) (9/29/14) (Note: Public Hearing Held 10/6/14. Committee requested Time. Granted: Viva Voce) (8) D-121. Petition of Tony Nassif for a Conditional Use to permit vehicular access from Whitestone Avenue for the conditionally zoned apartment complex at 1301 Brownstone Avenue. (PC-2014-24) (9/15/14) (9) D-31. Petition of Lonnie Jones for a Conditional Use to establish a rooming house at 460 South Maple Street. (PC-2012-15)(04/16/12) FILED: (10) D-160. 2012-2016 Capital Investment and Community Development Program. (1/7/13) (11) D-168. Renewal application of Frank & Mary Politz for placement of farmland in an Agricultural District O.R.C. (Section 929.02) for property at 1661 Dreisbach Drive. (2/9/15) (12) D-166. Renewal application of Robert Dunkler for placement of farmland in an Agricultural District. O.R.C. (Section 929.02) for property at 1305 Collier Road. (2/2/15) (13) D-158. Petition of Easten Cali, Inc., for a Conditional Use to establish dry storage on the first floor of the residence at 1371 California Avenue for the business at 2473 East Avenue. (PC-2014-74) (1/26/15) (14) D-150. Proposed 2015 Capital Investment and Community Development Program. (12/15/14) (15) D-324. 2014 Capital Investment and Community Development Program. (12/16/13) PUBLIC SERVICE (J. HURLEY, CHAIRMAN) PUBLIC UTILITIES (B. HOCH, CHAIRMAN)
PUBLIC SAFETY (D. KAMMER, CHAIRMAN) PARKS AND RECREATION (R. NEAL, CHAIRMAN) HOUSING (M. KEITH, CHAIRWOMAN) HEALTH AND SOCIAL SERVICE (L. OMOBIEN, CHAIRWOMAN) ECONOMIC DEVELOPMENT & JOB CREATION (M. SOMMERVILLE, CHAIRWOMAN) MISCELLANEOUS FILED: VIVA VOCE. D-174. Notice from the Ohio Department of Natural Resources informing Council they have received an application from Bass Energy Company for a permit to drill an oil/gas well in the city of Akron (Akron Baptist Temple, well number 1). FILED: VIVA VOCE. D-175. Letter from Tom Lacey, Senior Vice-President, American Community Developers, Inc., apprising Council that EANDC and American Community Developers, Inc., plan to be the co-managing members of a residential rental development known as the Spring Hill Apartments Phase II. FILED: VIVA VOCE. D-176. Notice of a Transfer of a D5 liquor permit to Delights Inn and Patio, 1382 W. Waterloo Road. (WARD 9) FILED: VIVA VOCE. D-177. Notice of a Transfer of a D5 liquor permit to Perfect 10 Bar & Grill, 2790 Albrecht Road and Patio. (WARD 6) FILED: VIVA VOCE. D-178. Notice of a Transfer of a C1 and C2 liquor permit to Convenient Food Mart, 199 Massillon Road. (WARD 10) Motion by Omobien to excuse Williams. Carried: Viva Voce.
REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS: Cheri Cunningham, Director of Law; Ellen Lander Nischt, Assistant Director of Law; Stephanie York, Assistant Director of Law/Director of Communications; Diane Miller-Dawson, Director of Finance; Rick Schmahl, Chief Information Officer; Marco Sommerville, Director of Planning; Jim Hall, Public Works Manager; Robert Ross, Deputy Mayor- Public Safety; Terry Albanese, Assistant to the Mayor for Health, Education, and Families; John Valle, Director of Neighborhood Assistance; Phil Montgomery, Deputy Director of Service; Adele Roth, Economic Development; Mike Antenucci, Zoning COMMITTEE MEETINGS Scheduled for Monday, March 2, 2015: 2:00 P.M. Public Service 3:00 P.M. Budget and Finance 2:15 P.M. Public Safety 3:15 P.M. Public Utilities 2:15 P.M. Parks & Recreation 3:30 P.M. Housing 2:30 P.M. Planning 3:30 P.M. Health & Social Service 2:45 P.M. Economic Development & Job Creation On Motion, Council adjourned at 8:14 p.m. Robert Keith Clerk of Council ORDINANCES AND RESOLUTIONS PASSED FEBRUARY 23, 2015: ORD. NO. 34-2015 approving and authorizing the execution of a Development and Ground Lease Agreement with Steel Plate, LLC, or its designee, ( Redeveloper ), providing for the least of property with the option to purchase for redevelopment pursuant to the Massillon Road Industrial Park Redevelopment Plan; finding such property is not needed for any public use, and related findings; and declaring an emergency. VOTE: 12-0 ORD. NO. 35-2015 authorizing the Director of Planning and Urban Development to enter into an agreement for title, appraisal and review appraisal services to carry out the Community Development Program and other programs; and declaring an emergency. VOTE: 12-0 ORD. NO. 36-2015 approving the sale of City-owned land on Columbia Avenue to Linda and George Simon; determining said property is not needed for public use; and declaring an emergency. VOTE: 12-0 ORD. NO. 37-2015 authorizing a Conditional Use to establish dry storage at 1371 California Avenue. VOTE: 11-0 (Swirsky did not vote) ORD. NO. 38-2015 approving, with modification, the renewal application of Amy and Robert Dunkler to have agricultural property at 1395 Collier Road placed in an agricultural district pursuant to Revised Code Section 929.01, et seq.; and declaring an emergency. (D-166) (2/9/15) VOTE: 12-0 ORD. NO. 39-2015 approving the renewal application of Frank and Mary Politz to have agricultural property at 1661 Dreisbach Drive placed in an agricultural district pursuant to Revised Code Section 929.01, et seq.; and declaring an emergency. VOTE: 12-0
ORD. NO. 40-2015 accepting a dedication plat for Rosa Parks Drive, between South Broadway Street and South High Street; and declaring an emergency. VOTE: 12-0 ORD. NO. 41-2015 authorizing the Director of Public Service to enter into an agreement with the Ohio Director of Transportation for the relocation of Johnston Street and the improvement and replacement of three expressway bridges; requesting the Director of Transportation to proceed with the project; and declaring an emergency. VOTE: 12-0 RES. NO. 42-2015 expressing the sincere sympathy of the City of Akron to the family of Al Teodosio on the event of his passing and expressing appreciation for his many years of dedicated service to the community; and declaring an emergency. VOTE: 12-0 RES. NO. 43-2015 expressing strong opposition to provisions in H.B. 53 that would prohibit cities from requiring contractors to employ a certain percentage of local residents; and declaring an emergency. VOTE: 12-0