CITY OF AKRON, OHIO Mike Freeman, President Margo Sommerville, Vice-President Donnie Kammer, President Pro-Tem Members of Council: Michael Williams, At-Large Tara Mosley-Samples, Ward 5 Linda Omobien, At-Large Bob Hoch, Ward 6 DeAndre Forney, 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 Jack Hefner, Ward 10 Russel Neal, Ward 4 www.akroncitycouncil.org COUNCIL AGENDA FOR JULY 27, 2015 Regular Meeting held on July 20, 2015. All members were present. Minutes of the previous regular meeting read and approved. CONSENT AGENDA (1) Ordinance approving and authorizing the execution of a Contract for Sale of Land for Private Redevelopment, providing for the acquisition and sale of property on West Market Street and North Hawkins Avenue to West Point Market (Akron), LLC, or its designee and redevelopment of the property; finding such property is not needed for any public use, and related findings; and declaring an emergency. (PLANNING) (2) Ordinance approving the sale of City-owned property on 1453 Kenmore Blvd., and vacant land on Jefferson Ave. determining said property is not needed for public use; and declaring an emergency. (PLANNING) (3) Ordinance authorizing the execution of a Development Agreement between the City and Main Street Gourmet, LLC for property in the Ascot Urban Renewal Area, and related findings; and declaring an emergency. (PLANNING) (4) Ordinance ratifying the actions of the Director of Public Service in entering into a contract with H.M. Miller Construction Co. for the emergency repair of the combined sewer at 159 Tallmadge Avenue; and declaring an emergency. (PUBLIC SERVICE) (5) Ordinance authorizing the Director of Public Service to enter into an agreement with the Summit County Combined General Health District (SCCGHD) for a grant through the National Association of County and City Health Officials (NACCHO) for assistance with the planning, implementation and community engagement with the Complete Streets and Safe Routes to School (SRTS) programs; and declaring an emergency. (PUBLIC SERVICE) (6) Ordinance authorizing the Director of Public Service to enter into an agreement with the Summit County Combined General Health District (SCCGHD) for a grant through the American Planning Association and American Public Health Association Plan4Health for assistance with the Complete Streets and Safe Routes to School programs (SRTS); and declaring an emergency. (PUBLIC SERVICE)
(7) Ordinance authorizing the Director of Public Service to enter into a contract, through the Office of the Purchasing Agent, after publicly advertising for bids, for the repair of power lines and the replacement of power line switches at the Water Reclamation Facility; and declaring an emergency. (PUBLIC SERVICE) (8) Ordinance authorizing the Mayor to execute the Summit County Intergovernmental Memorandum of Understanding for Job Creation and Retention and Tax Revenue Sharing; and declaring an emergency. (ECONOMIC DEVELOPMENT & JOB CREATION) (9) Ordinance authorizing the Mayor to enter into a loan agreement with Alexander Pierce Corp., doing business as Heritage Industrial Finishing, to assist in the retention and creation of jobs within the City of Akron; and declaring an emergency. (ECONOMIC DEVELOPMENT & JOB CREATION) RULES (M. FREEMAN, CHAIRMAN) BUDGET AND FINANCE (J. HURLEY, CHAIRMAN) PLANNING (M. KEITH, CHAIRWOMAN) FIRST READING AND REFERRED-UP FOR PUBLIC HEARING SEPTEMBER 21, 2015: (1) Ordinance authorizing a Conditional Use to construct a telecommunications tower at 183 North Case Avenue; and declaring an emergency. (D-232) (7/20/15) (2) Ordinance authorizing a Conditional Use to construct a telecommunications tower on the west side of Cuyahoga Street, south of Sackett Avenue; and declaring an emergency. (D-233)(7/20/15) (3) Ordinance authorizing a Conditional Use to construct a telecommunications tower on the south side of Clifford Avenue, west of Inman Street; and declaring an emergency. (D-234)(7/20/15) (4) Ordinance authorizing a Conditional Use to establish a two-family residence at 509 Sumner Street; and declaring an emergency. (D-235)(7/20/15) FIRST READING AND REFERRED-UP FOR PUBLIC HEARING SEPTEMBER 28, 2015: (5) Ordinance authorizing a Conditional Use to construct signage at 1290 West Market Street and at 1375 West Exchange Street; and declaring an emergency. (D-236)(7/20/15) (6) Ordinance amending the Zoning Map by changing the Apartment House Use District Classification (U2, H2, A3) on property on the east side of North Howard Street, south of East Cuyahoga Falls Avenue, to a Retail Business Use District Classification (U3, H1, A1); and declaring an emergency. (7/20/15)
(7) Ordinance authorizing a Conditional Use to place oversized signage at 2620 Ridgewood Road; and declaring an emergency. (D-237)(7/20/15) TIME: (8) D-232. Petition of TowerCo 2013, LLC, dba Verizon Wireless, for a Conditional Use to construct a telecommunications tower at 183 North Case Avenue. (PC-2015-14) (7/13/15) (9) D-233. Petition of New Par, dba Verizon Wireless, for a Conditional Use to construct a telecommunications tower on the west side of Cuyahoga Street, south of Sackett Avenue. (PC-2015-15) (7/13/15) (10) D-234. Petition of New Par, dba Verizon Wireless, for a Conditional Use to construct a telecommunications tower on the south side of Clifford Avenue, west of Inman Street. (PC-2016-15) (7/13/15) (11) D-235. Petition of Varsity Rentals for a Conditional Use to establish a two-family residence at 509 Sumner Street. (PC-2015-27) (7/13/15) (12) D-236. Petition of Our Lady of the Elms for a Conditional Use to construct signage at 1290 West Market Street and 1375 West Exchange Street. (PC-2015-39) (7/13/15) (13) D-237. Petition of Famous Enterprises for a Conditional Use to install oversized signage at 2620 Ridgewood Road. (PC-2015-37) (7/13/15) (14) Ordinance authorizing a Conditional Use to construct a new retail development at the northwest corner of the intersection of West Market Street and North Hawkins Avenue. (D-221)(7/13/15) (NOTE: Public Hearing Held 7/20/15. Committee requested Time. Granted: Viva Voce.) (15) D-221. Petition of S. J. Collins Enterprises for a Conditional Use to construct a new retail development at the northwest corner of the intersection of W. Market Street and N. Hawkins Avenue, the vacation of an alley on the west side of N. Hawkins Avenue and the sale of City-owned land on N. Hawkins Avenue. (PC-2015-33) (6/15/15) (16) D-152. 2014-2018 Capital Investment and Community Development Program. (1/5/15) (17) 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: (18) D-160. 2012-2016 Capital Investment and Community Development Program. (1/7/13) (19) D-202. Petition of Flagship Akron Investments, LLC, for a Conditional Use to construct a parking lot addition at 722 Sherman Street. (PC-2015-23)(5/11/15) (20) D-222. Petition of North Akron Homes Ltd. Partnership for a Conditional Use to vary the development requirements for a subdivision of land at 401-409 Berry Avenue. (PC-2015-34) (6/15/15)
PUBLIC SERVICE (J. HURLEY, CHAIRMAN) TIME: (1) Ordinance authorizing the Director of Public Service to enter into contracts for the purchase and/or lease of concrete trucks and dump trucks; approving specifications therefore; approving the lease or sale of the vehicles; and declaring an emergency. (3/2/15) FILED: (2) D-204. One (1) letter objecting to the 2015 Arterial/Collector Resurfacing Program per Res. No. 115-2015. (5/18/15) (3) D-204-1. Two (2) letters objecting to the 2015 Arterial/Collector Resurfacing Program per Res. No. 115-2015. (6/1/15) (4) D-204-2. One petition with 11 signatures objecting to the 2015 Residential Resurfacing Program per Res. No. 116-2015. (6/15/15) (5) D-205. One (1) letter objecting to the 2015 Residential Resurfacing Program per Res. No. 116-2015. (5/18/15) (6) D-205-1. One (1) letter objecting to the 2015 Residential Resurfacing Program per Res. No. 116-2015. (6/1/15) (7) D-206. One (1) letter objecting to the 2015 Unimproved Street Resurfacing Program per Res. No. 117-2015. (5/18/15) (8) D-206-1. Two (2) letters objecting to the 2015 Unimproved Street Resurfacing Program per Res. No. 117-2015. (6/1/15) (9) D-206-2. One letter objecting to the Unimproved Street Resurfacing Program per Res. No. 117-2015. (6/8/15) 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) GREEN/SUSTAINABILITY (R. SWIRSKY, CHAIRMAN) MISCELLANEOUS FILED: VIVA VOCE. D-238. Assessment Equalization Board Report for the 2015 Phase 1 Arterial/Collector Resurfacing Program under Res. No. 115-2015. FILED: VIVA VOCE. D-239. Assessment Equalization Board Report for the 2015 Phase 1 Residential Resurfacing Program under Res. No. 116-2015. FILED: VIVA VOCE. D-240. Assessment Equalization Board Report for the 2015 Phase 1 Unimproved Street Resurfacing Program under Res. No. 117-2015. FILED: VIVA VOCE. D-241. Notice of a New C2 and D1 liquor permit to Pulse Food Mart, 908 Raymond Street. (WARD 3) FILED: VIVA VOCE. D-242. Notice of a New D1 liquor permit to Danny B II, Inc., dba Restaurant, 209 S. Main Street. (WARD 1) FILED: VIVA VOCE. D-243. Notice from Bruce Stevenson, Superintendent of the Division of Liquor Control notifying the legislative authority that all permits to sell alcoholic beverages will expire on October 1, 2015 and in order to maintain permit privileges, every permit holder must file a renewal application. REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS: Mayor Fusco; Rick Merolla, Chief of Staff; Ellen Lander Nischt, Assistant Director of Law; Rick Schmahl, Chief Information Officer; John Moore, Director of Service; Phil Montgomery, Deputy Director of Service; Marco Sommerville, Director of Planning; John Valle, Director of Neighborhood Assistance; Sam DeShazior, Deputy Mayor- Economic Development; Terry Albanese, Assistant to the Mayor for Health, Education, and Families; Adele Roth, Economic Development; Mike Antenucci, Zoning; Helen Tomic, Planning
COMMITTEE MEETINGS Scheduled for Monday, July 27, 2015: 1:30 P.M. Planning 2:45 P.M. Economic Development & Job Creation 2:00 P.M. Public Service 3:00 P.M. Budget and Finance 2:15 P.M. Public Safety 3:15 P.M. Green/Sustainability 2:15 P.M. Parks & Recreation 3:30 P.M. Health & Social Service 2:30 P.M. Public Utilities 3:30 P.M. Housing On Motion, Council adjourned at 8:35 p.m. Robert Keith Clerk of Council ORDINANCES AND RESOLUTIONS PASSED JULY 20, 2015: ORD. NO. 206-2015 authorizing the Director of Planning and Urban Development to file an application and enter into an agreement with the County of Summit for Temporary Assistance to Needy Families and Prevention, Retention and Contingency services; authorizing the Director of Planning and Urban Development to enter into agreements to implement these services; and declaring an emergency. VOTE: 11-0 (Omobien abstained; Williams did not vote) ORD. NO. 207-2015 approving the sale of City-owned property on Howe St. to Linda Kaye Franklin and Clayton & Annie Corley; determining said property is not needed for public use; and declaring an emergency. VOTE: 11-0 (Omobien abstained; Williams did not vote) ORD. NO. 208-2015 authorizing the Director of Neighborhood Assistance to enter into contract with the Board of Education of the Akron Public School District for the Community Learning Centers After School Program to provide after school learning and enrichment activities; and declaring an emergency. VOTE: 11-0 (Omobien abstained; Williams did not vote) ORD. NO. 209-2015 ratifying the actions of the Director of Public Service in entering into a contract with H.M. Miller Construction for the emergency repair of the water main along Middleton Road in Hudson; and declaring an emergency. VOTE: 11-0 (Omobien abstained; Williams did not vote) ORD. NO. 210-2015 authorizing the Purchasing Agent to enter into contracts, without the formality of advertising for bids, with Badger Meter, Inc., Mueller Systems, LLC and Itron, Inc. for the purchase of water meters, encoder receiver transmitters (ERTs) and related accessories for the Water Supply Division; and declaring an emergency. VOTE: 11-0 (Omobien abstained; Williams did not vote) ORD. NO. 211-2015 authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the purchase of parts, materials, and labor for the replacement of the Chain and Flight Sludge Collection System in Sedimentation Basins 1 and 2 at the Water Supply Plant; and declaring an emergency. VOTE: 11-0 (Omobien abstained; Williams did not vote)
ORD. NO. 212-2015 authorizing the Director of Public Service to enter into a contract, without the formality of advertising for bids, with S4 Water Sales and Service, LLC for the purchase of various parts, materials, labor and new filter media for the cleaning and repair of filter 23 at the Water Supply Plant; and declaring an emergency. VOTE: 11-0 (Omobien abstained; Williams did not vote) ORD. NO. 213-2015 authorizing the Purchasing Agent to enter into a contract, after publicly advertising for bids, for the purchase of a Donaldson Torit Dust Collector Donwflo Oval Series Model DFO 2-4 for the Water Supply Plant; and declaring an emergency. VOTE: 11-0 (Omobien abstained; Williams did not vote) ORD. NO. 214-2015 authorizing a Conditional Use to construct a parking lot addition at 722 Sherman Street. (PC-2015-23-CU)(D-202) VOTE: 13-0 ORD. NO. 215-2015 authorizing a Conditional Use to vary the development requirements for a subdivision of land at 401-409 Berry Avenue. (PC-2015-34-CU)(D-222) VOTE: 13-0 ORD. NO. 216-2015 directing the appropriation of a fee simple interest, in certain real property owned by Michael Piekarski, Trustee of the Michael Piekarski Revocable Living Trust UAD July 27, 2006, located at 647 E. Wilbeth Road, for the purpose of constructing, reconstructing, making or repairing roads that are open to the public, without charge, in conjunction with the Wilbeth Road Improvements Project; declaring the necessity and intention of the City of Akron to proceed under Ohio Revised Code, Section 163.06(B) for the purpose of constructing, reconstructing, making or repairing roads that are open to the public without charge; and declaring an emergency. VOTE: 13-0 ORD. NO. 217-2015 directing the appropriation of a fee simple interest, in certain real property owned by MJL Enterprises, LLC, located at 450 Hickory Street, for the purposes of constructing, reconstructing, making or repairing roads that are open to the public, without charge, in conjunction with the Hickory Street Road Improvements Project that is part of the Ohio Canal Interceptor Tunnel Project; declaring the necessity and intention of the City of Akron to proceed under Ohio Revised Code, Section 163.06(B) for the purposes of constructing, reconstructing, making or repairing roads that are open to the public without charge; and declaring an emergency. VOTE: 13-0 ORD. NO. 218-2015 approving the report of the Assessment Equalization Board selected pursuant to Section 53.03 of the Code of Ordinances of the City of Akron and Resolution No. 115-2015 passed April 27, 2015 (the Resolution of Necessity ), to hear and determine all objections to the special assessments for the improvement of certain streets between certain termini in accordance with the Resolution of Necessity (2015 Phase I Arterial/Collector Resurfacing Program); determining to proceed with the improvement; and declaring an emergency. VOTE: 13-0 ORD. NO. 219-2015 Ordinance approving the report of the Assessment Equalization Board selected pursuant to Section 53.03 of the Code of Ordinances of the City of Akron and Resolution No. 116-2015 passed April 27, 2015 (the Resolution of Necessity ), to hear and determine all objections to the special assessments for the improvement of certain streets between certain termini in accordance with the Resolution of Necessity (2015 Phase I Residential Resurfacing Program); determining to proceed with the improvement; and declaring an emergency. VOTE: 13-0 ORD. NO. 220-2015 Ordinance approving the report of the Assessment Equalization Board selected pursuant to Section 53.03 of the Code of Ordinances of the City of Akron and Resolution No. 117-2015 passed April 27, 2015 (the Resolution of Necessity ), to hear and determine all objections to the special assessments for the improvement of certain streets between certain termini in accordance with the Resolution
of Necessity (2015 Phase I Unimproved Street Resurfacing Program); determining to proceed with the improvement; and declaring an emergency. VOTE: 13-0 ORD. NO. 221-2015 authorizing the Director of Public Service to enter into a contract, through approved Ohio Revised Code contracting methods, for the construction of the Main Outfall Sewer Cap; and declaring an emergency. VOTE: 13-0 ORD. NO. 222-2015 authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the removal, rebuilding and reinstallation of four High Service Pumps at the Water Supply Plant; and declaring an emergency. VOTE: 13-0 RES. NO. 223-2015 declaring it necessary to improve certain streets in the City, between certain termini, by providing street-cleaning services and street lighting; and declaring an emergency. VOTE: 13-0 RES. NO. 224-2015 declaring it necessary to improve Main Street between the termini of Miller Avenue and Bartges Street and Broadway Street between the termini of Miller Avenue and Bartges Street by paving; grading; constructing and reconstructing curbs, concrete sidewalks and driveway approaches; installing street lighting and roof drain pipes; and planting trees; and declaring an emergency. VOTE: 13-0 ORD. NO. 225-2015 authorizing the Director of Public Service to enter into a contract, through approved Ohio Revised Code contracting methods, for the construction of the Dan Sewer Separation (CSO Rack 13); and declaring an emergency. VOTE: 13-0 ORD. NO. 226-2015 authorizing the Director of Public Service to enter into a contract, through the Office of the Purchasing Agent, after publicly advertising for bids, for the parts, materials, and labor needed to install power from an existing power pole to a security gate at the Water Supply Plant; and declaring an emergency. VOTE: 13-0 ORD. NO. 227-2015 authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the construction of the Buchholzer Pedestrian Improvements project; and declaring an emergency. VOTE: 13-0 RES. NO. 228-2015 declaring it necessary to improve various off-street parking facilities in the Kenmore Business District and the Canton Road Business District 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 declaring an emergency. VOTE: 13-0 RES. NO. 229-2015 declaring August 2015 as Summit Kids Month; encouraging the citizens of Akron to participate in Summit Kids Month activities; and declaring an emergency. VOTE: 13-0 RES. NO. 230-2015 urging Congress to reject that portion of the proposed 2016 Federal Budget that calls for the reduction of the Community Development Block Grant (CDBG) and HOME Investment Partnership Program and require that CDBG and HOME remain fully funded; and declaring an emergency. VOTE: 13-0 RES. NO. 231-2015 expressing disapproval of the 2016-2017 state budget for failing to provide adequate funding for education; and opposing recent changes to the Ohio GED program, which have made it more difficult for Ohioans to obtain their GED diploma; and declaring an emergency. VOTE: 13-0
RES. NO. 232-2015 opposing a proposed amendment to the Summit County Charter to redraw current County Council districts in a way that would favor Republicans, weaken the potential for minority representation, and dilute Akron s importance on County Council; urging the citizens of Akron to decline to sign these petitions or support this gerrymandering effort; and expressing support for the charter amendment proposed by County Council that would create a nonpartisan Council Districting Commission to apportion fair legislative districts commencing with the 2020 federal census; and declaring an emergency. VOTE: 13-0 RES. NO. 233-2015 expressing the sincere sympathy and heartfelt condolences of the City of Akron to the families of the servicemen killed in the attack on a recruitment center and the Navy Operational Support Center in Chattanooga; condemning the senseless act of violence that took the lives of three war veterans, a young Naval Officer, and a young Marine; and declaring an emergency. VOTE: 13-0