AKRON, OHIO COUNCIL AGENDA OF JUNE 4, 2007 CONSENT AGENDA

Transcription

1 AKRON, OHIO COUNCIL AGENDA OF JUNE 4, 2007 Regular Meeting Members all present, except Albanese and Greene, later excused. The Lord s Prayer was repeated in unison followed by the Pledge of Allegiance to the Flag. Minutes of the previous regular meeting read and approved. CONSENT AGENDA (1) Ordinance authorizing the Director of Public Service to amend the contract with AMPCO System Parking to add or eliminate parking at City-owned parking facilities and provide for various rate adjustments; authorizing payment 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 construction of a new fuel site canopy at the Municipal Service Center; approving specifications therefore; 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 purchase of a new plant water strainer for the Water Pollution Control Division; approving specifications therefore; and declaring an emergency. (PUBLIC UTILITIES) (4) Ordinance authorizing the Director of Public Services to enter into a contract, after publicly advertising for bids, for the purchase of power lines for use at the Water Pollution Control Plant; approving specifications therefore; and declaring an emergency. (PUBLIC UTILITIES) (5) Ordinance accepting a vacation plat for a portion of Edgewood Avenue; and declaring an emergency. (ECONOMIC DEV. & JOB CREATION) (6) Ordinance accepting the Re-plat of Phase I of the Edgewood Hope VI housing project; and declaring an emergency. (ECONOMIC DEV. & JOB CREATION) (7) Ordinance accepting a vacation plat for an unnamed alley on the south side of East Buchtel Avenue, east of Market Street; and declaring an emergency. (ECONOMIC DEV. & JOB CREATION) (8) Ordinance accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the EDGEWOOD REDEVELOPMENT AREA project; authorizing payment therefore; and declaring an emergency. (ECONOMIC DEV. & JOB CREATION) (9) Ordinance accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the LEGGETT COMMUNITY LEARNING CENTER project; authorizing payment therefore; and declaring an emergency. (ECONOMIC DEV. & JOB CREATION) : REFERRED: RULES (J. CONTI, CHAIRMAN) BUDGET AND FINANCE (G. MONEYPENNY, CHAIRMAN) PLANNING (J. CONTI, CHAIRMAN) (1) D-348. Petition for a Conditional Use to construct a garage at 52 Mull Avenue. Petitioner: Anthony and Marlene Harmon, owner of land. (PC ) (05/21/07) 1

2 TIME: (2) D-382. Petition for a Conditional Use to retain clean dirt storage on Midway Avenue. Petitioner: Kenmore Construction, Inc., owner of land. (PC ) (09/08/03) (3) D Capital Investment and Community Development Program. (12/19/05) (4) D-180. Petition for a Conditional use to construct a restaurant and apartment house at 444 East Exchange Street. George Istocki, owner of land. (PC ) (10/16/06) (5) D-182. Petition for a Conditional Use to construct a restaurant and apartment house at 446 East Exchange Street. Spicertown LLC, owner of land. (PC ) (10/16/06) (6) D-237. Petition for a Conditional Use to establish an auto repair business at 965 North Main Street. Petitioner: James Phillips, owner of land. (PC ) (12/18/06) (7) D-238. Proposed 2007 Capital Investment & Community Development Program. (12/18/06) (8) D-244. Petition for a Conditional Use to construct 34 single family homes on Heron Crest Road Phase Three of the Heron Crest Allotment. Petitioner: High Hampton Development, Inc. (PC ) (01/08/07) FILED: (9) D Capital Investment & Community Development Program. (01/08/07) (10) D-347. Petition for a Conditional Use to construct a solid wooden fence at 1011 West Market Street. Petitioner: Kevin Johnson, owner of land. (PC ) (05/21/07) FIRST READING AND REFERRED: PUBLIC SERVICE (B. KEITH, CHAIRMAN) (1) Ordinance authorizing the Purchasing Agent to enter into a contract with Telecom Remarketing Corporation of America for the sale of surplus Nortel equipment; and declaring an emergency. (06/04/07) TIME: (2) Ordinance authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the construction of renovations to Council Chambers in the Municipal Building to enable television broadcasts of Council sessions and other official functions in the Council Chambers; approving specifications therefore; and declaring an emergency. (11/27/06) (3) D-259. Letter from Wheeling & Lake Erie Railway Company objecting to the improvement of West Market Street as per Res. No (01/29/07) FILED: (4) D-349. One letter objecting to the improvement of High Hampton Trail as per Res. No and Res. No (05/21/07) (5) D-350. One letter objecting to the improvement of N. Revere Road as per Res. No (05/21/07) (6) D-323. Three (3) letters objecting to the 2007 Residential Resurfacing Program as per Res. No (04/23/07) 2

3 (7) D Five (5) letters and two (2) petitions objecting to the 2007 Residential Resurfacing Program as per Res. No (04/30/07) (8) D One (1) letter objecting to the 2007 Residential Resurfacing Program as per Res. No (05/07/07) (9) D-326. One letter objecting to the 2007 Arterial/Collector Resurfacing Program as per Res. No (04/30/07) (9) D-327. Eighteen (18) letters and one petition objecting to the 2007 Partial Depth Paving Program as per Res. No (04/30/07) (10) D Three (3) letters objecting to the 2007 Partial Depth Paving Program as per Res. No (05/07/07) (11) D One letter objecting to the 2007 Partial Depth Paving Program as per Res. No (05/14/07) (12) D-330. One (1) letter objecting to the 2007 Unimproved Street Resurfacing Program as per Res. No (05/07/07) (13) D Three (3) letters objecting to the 2007 Unimproved Street Resurfacing Program as per Res. No (05/17/07) FIRST READING AND REFERRED: PUBLIC UTILITIES (T. MERLITTI, CHAIRPERSON) (1) Ordinance authorizing the Director of Public Service to enter into an agreement with the City of Cuyahoga Falls to provide surplus water service to portions of Cuyahoga Falls; and declaring an emergency. (06/04/07) (2) Ordinance authorizing a change in the boundary line separating the City of Cuyahoga Falls and the City of Akron; and declaring an emergency. (06/04/07) TIME: (3) Ordinance amending and/or supplementing Title 5, Chapter 50 Sewers, Section to revise sewerage service charges; and declaring an emergency. (07/24/06) (4) D-325. Petition with approximately 17 signatures stating Time Warner Cable must be brought into compliance with the City of Akron ordinance(s). (04/11/05) : PUBLIC SAFETY (J. SHEALEY, CHAIRMAN) PARKS AND RECREATION (T. ALBANESE, CHAIRPERSON) HOUSING (M. FREEMAN, CHAIRMAN) 3

4 HEALTH AND SOCIAL SERVICE (R. GREENE, CHAIRPERSON) AD HOC COMMITTEE ON BOARDS AND COMMISSIONS (OTTERMAN, CHM., Williams, Freeman) SPECIAL ECONOMIC DEVELOPMENT & JOB CREATION (ALBANESE, CHM., Greene, Shealey, Freeman, Moneypenny) FIRST READING AND REFERRED- UP FOR PUBLIC HEARING JUNE 11, 2007: (1) Ordinance authorizing a Conditional Use to permit the construction of the Rimer Community Learning Center at 2370 Manchester Road; and declaring an emergency. (06/04/07) (2) Ordinance authorizing a Conditional Use to permit the construction of the Findley Community Learning Center on property at 65 West Tallmadge Avenue; and declaring an emergency. (06/04/07) TIME: (3) D-318. Petition for a Conditional Use to construct the Rimer Community Learning Center at 2370 Manchester Road. Petitioner: Akron Public Schools, owner of land. (PC ) (04/23/07) (4) Ordinance authorizing a Conditional Use to retain the veterinary clinic at 1474 Brittain Road; and declaring an emergency. (D-301) (05/07/07) (NOTE: Public Hearing held 06/04/07. Committee requested Time. Granted: Viva Voce) (5) D-301. Petition for a Conditional Use to establish a veterinary hospital at Brittain Road. Petitioner: Precious Lives, Lessee. (PC ) (03/26/07) (6) D-296. Petition for a Conditional Use to place rooftop antennas at 730 Callis Drive (Channelwood). Petitioner: Clear Wire, Ken Gainar agent. (PC ) (03/19/07) (7) Ordinance authorizing a Conditional Use to construct a self-storage complex at 1016 Morse Street; and declaring an emergency. (D-316) (05/07/07) (NOTE: Public Hearing held 05/14/07. Committee requested Time. Granted: Viva Voce) (8) D-316. Petition for a Conditional Use to construct a self storage complex at 1016 Morse Street. Petitioner: Griebel Properties, LLC, owner of land. (PC ) (04/23/07) (9) D-272. Petition for a Conditional Use to construct a flagpole telecommunications tower at 393 Storer Avenue. Petitioner: T-Mobile. G&E Varner, owner of land. (PC ) (02/26/07) (10) D-295. Petition for a Conditional Use to expand a child day care center at 839 South Arlington Street. Petitioner: Abacus Real Estate Partners, LLC, owner of land. (PC ) (03/19/07) (11) D-300. Petition for a Conditional Use to construct a monopole telecommunications tower at 463 Morgan Avenue. Petitioner: Clear Wire. Ken Gainar, Agent. (PC ) (03/26/07) (12) D-317. Petition for a Conditional Use to construct monopole telecommunications tower at 1081 Rosemary Blvd. Petitioner: Clearwire. (PC ) (04/23/07) 4

5 (13) D-319. Petition for a Conditional Use to construct a parking lot at 2285 East Avenue. Petitioner: Willard E. Maloy Jr., owner of land (PC ) (04/23/07) (14) D-320. Petition for a Conditional Use to establish a dog grooming business at 85 Nickel Street. Petitioner: Sharon Gannon, owner of land. (PC ) (04/23/07) (15) D-321. Petition for a Conditional Use to establish a four-unit apartment house at 146 Oakdale Avenue. Petitioner: Robert Grubb, owner of land. (PC ) (04/23/07) (16) D-322. Petition for a Conditional Use to establish a four-unit apartment house at 175 S. Balch Street. Petitioner: Robert Grubb, owner of land. (PC ) (04/23/07) (17) D-350. Petition for a Conditional Use to construct a car wash at 20 West Waterloo Road. Petitioner: Sheetz, Inc. (PC ) (05/21/07) (18) D-351. Petition for a Conditional Use to establish a clothing store at 641 West Market Street. Petitioner: Tianna Polk, Lessee. (PC ) (05/21/07) (19) D-352. Petition for a Conditional Use to establish a skilled game arcade at 1667 Brittain Road. Petitioner: Paradise House of Skill, LLC., Lessee. (PC ) (05/21/07) (20) D-353. Petition for a Conditional Use to construct a banking facility at 656 West Market Street. Petitioner: Fifth Third Bank. (PC ) (05/21/07) (21) D-354. Petition for a Conditional Use to construct the Science, Math & Technology Community Learning Center at 199 South Broadway Street. Petitioner: Akron Public Schools. (PC ) (05/21/07) MISCELLANEOUS FILED: VIVA VOCE. D-356. Letter from C. Louis Mitsch, Vice President, Developer for Cascade Village South Limited Partnership, advising Council that Cascade Village East-West Partnership, will be the managing general partner of the third phase of rental development in the Elizabeth Park HOPE VI revitalization project. FILED: VIVA VOCE. D-357. Letter from Anthony O Leary, Executive Director, AMHA, apprising Council that AMHA will be the General Partner of a multifamily residential development called Phase I Edgewood HOPE VI project. FILED: VIVA VOCE. D-358. Report of the Assessment Equalization Board regarding the improvement of 9 th Street SW, et al, (2007 Phase I Arterial/Collector Resurfacing Program) as per Res. No FILED: VIVA VOCE. D-359. Report of the Assessment Equalization Board regarding the improvement of Cromwell Drive, et al, (2007 Phase I Partial Depth Pavement Replacement Program) as per Res. No FILED: VIVA VOCE. D-360. Report of the Assessment Equalization Board regarding the improvement of Bannock Street, et al, (2007 Phase I Residential Resurfacing Program) as per Res. No FILED: VIVA VOCE. D-361. Report of the Assessment Equalization Board regarding the improvement of Hilbish Avenue, et al, (2007 Phase I Unimproved Street Resurfacing Program) as per Res. No FILED: VIVA VOCE. D-362. Notice of Transfer of D5A, D6 liquor license to Ferbro, Inc., dba Captains Cove, 2677 Gilchrist Road. (WARD 6) 5

6 FILED: VIVA VOCE. D-363. Notice of New D5H liquor permit to Akron Art Museum, One South High Street. (WARD 5) FILED: VIVA VOCE. D-364. Notice of Transfer of C2, C2X liquor permits to A B U Adam, Inc., dba Kellys Carry Out, Copley Road East Unit (WARD 3) FILED: VIVA VOCE. D-365. Notice of Stock of D5 liquor permit to BAFA Corp., dba Glens Tavern, 358 E. Glenwood (WARD 5) FILED: VIVA VOCE. D-366. Notice of Transfer of C2, C2X liquor permits to Ellet Grocery Corporation, dba Firestone Park IGA, 1028 Hammel Street (WARD 7) FILED: VIVA VOCE. D Report of Debt for period ending May 31, FILED: VIVA VOCE. D-367. Certificate of Results per the May 8, 2007 election. MOTION TO EXCUSE ALBANESE AND GREENE. CARRIED: VIVA VOCE. REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS: Mayor Plusquellic; Dave Lieberth, Deputy Mayor Administration; Cathy Watson, Deputy Finance Director; Rick Merolla, Service Director; Elaine Davidson, Assistant Law Director; Mark Albrecht, Economic Development; John Moore, Zoning Manager; Max Rothal, Director of Law; Samuel DeShazior, Deputy Director of Planning; Warren Woolford, Director of Planning. COMMITTEE MEETINGS MONDAY, JUNE 11, :00 P.M. PUBLIC SERVICE MONDAY, JUNE 11, :15 P.M. HEALTH & SOCIAL SERVICE MONDAY, JUNE 11, :30 P.M. BUDGET AND FINANCE MONDAY, JUNE 11, :45 P.M. ECONOMIC DEV. AND JOB CREATION MONDAY, JUNE 11, :45 P.M. HOUSING MONDAY, JUNE 11, :00 P.M. PLANNING MONDAY, JUNE 11, :15 P.M. PUBLIC UTILITIES MONDAY, JUNE 11, :30 P.M. PUBLIC SAFETY MONDAY, JUNE 11, :45 P.M. PARKS AND RECREATION MONDAY, JUNE 11, :45 P.M. HOUSING ON MOTION, Council adjourned at 8:15 p.m. Cheri Prough Clerk of Council 6

7 ORDINANCES AND RESOLUTIONS PASSED JUNE 4, 2007 ORD. NO accepting Various Right-of-Way Document(s) for certain property described below to facilitate the completion of the SUM / TALLMADGE AVENUE project; 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 labor and equipment to clean and package whole bricks from the stockpile of whole and broken bricks, soil and broken asphalt; approving specifications therefore; and declaring an emergency. ORD. NO authorizing the Director of Public Service to purchase one used vehicle at public auction; authorizing payment therefore; authorizing the resale of this vehicle at public auction when it is no longer needed for public use; and declaring an emergency. ORD. NO amending and/or supplementing Ordinance No , which authorized a Conditional Use to permit the retention of an office printing and supply shop in addition to various auto body and mechanical shops on property at 465 North Main Street by amending the name of the owner and striking part of Condition (10); and declaring an emergency. ORD. NO levying special assessments for the improvement of Howard Street and certain other streets between certain termini by paving; grading; constructing and reconstructing curbs, sidewalks, and driveway approaches; installing roof drain pipes; reconstructing storm and sanitary sewers and water mains; installing street lighting; planting trees; and relocating overhead cables, wires, and appurtenant equipment underground; and declaring an emergency. RES. NO expressing opposition to Ohio Senate Bill 117 and support for the local cable franchising process; and declaring an emergency. ORD. NO approving and authorizing the execution of a contract for sale for private redevelopment with Gothic City Revival Group, LLC ( Redeveloper ), providing for the sale and redevelopment of property pursuant to the Cascade Urban Renewal Plan ( Plan ); finding such property is not needed for any public use, and related findings; and declaring an emergency. ORD. NO authorizing a Conditional Use to place rooftop antennas at 730 Callis Drive; and declaring an emergency. ORD. NO authorizing the Director of Finance to pay $300,000 in 2007 and $300,000 in 2008 in advance royalties from the gas wells at Akron Fulton Airport to the All-American Soap Box Derby to be used towards operating expenses; and declaring an emergency. RES. NO declaring the necessity and intent of the City of Akron to appropriate a fee simple interest in real property owned by Chase Home Finance Corp., located at 328 Cross Street, for the purposes of constructing the Leggett Community Learning Center, a building that will be used by the City of Akron and the Akron Public Schools; and declaring an emergency. RES. NO declaring the necessity and intent of the City of Akron to appropriate a fee simple interest in real property owned by Jack W. Morrison, Jr., located at 331 Cross Street, for the purposes of constructing the Leggett Community Learning Center, a building that will be used by the City of Akron and the Akron Public Schools; and declaring an emergency. RES. NO declaring the necessity and intent of the City of Akron to appropriate a fee simple interest in real property owned by Jack W. Morrison, Jr., located at 333 Cross Street, for the purposes of constructing the Leggett Community Learning Center, a building that will be used by the City of Akron and the Akron Public Schools; 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 construction of three public parking lots on Cityowned property at 1115 South Main Street; approving specifications therefore; and declaring an emergency. 7

8 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 April 2, 2007 (the Resolution of Necessity ), to hear and determine all objections to the special assessments for the improvement of 9 th Street SW and certain other streets between certain termini in accordance with the Resolution of Necessity (2007 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 Boyd Avenue and certain other streets between certain termini in accordance with Resolution No passed April 2, 2007 (2007 Phase I Micro Paving Program); 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 April 2, 2007 (the Resolution of Necessity ), to hear and determine all objections to the special assessments for the improvement of Cromwell Drive and certain other streets between certain termini in accordance with the Resolution of Necessity (2007 Phase I Partial Depth Pavement Replacement 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 April 2, 2007 (the Resolution of Necessity ), to hear and determine all objections to the special assessments for the improvement of Bannock Street and certain other streets between certain termini in accordance with the Resolution of Necessity (2007 Phase I Residential 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 April 2, 2007 (the Resolution of Necessity ), to hear and determine all objections to the special assessments for the improvement of Hilbish Avenue and certain other streets between certain termini in accordance with the Resolution of Necessity (2007 Phase I Unimproved Street Resurfacing Program); determining to proceed with the improvement; and declaring an emergency. ORD. NO determining to proceed with the improvement of West Market Street between the termini of Pershing Avenue and Hawkins Avenue by paving; grading; constructing and reconstructing curbs, concrete sidewalks, driveway approaches and storm sewers; installing street lighting; and planting trees; approving the report of the Assessment Equalization Board; and declaring an emergency. ORD. NO authorizing the Mayor to enter into a mutual aid agreement with the City of Tallmadge for fire and EMS protection; and declaring an emergency. RES. NO opposing and objecting to the application of Felicia Easter d.b.a. Felicia s Cash & Carry 462 S. Arlington Street, Akron, Ohio for a Class C1, C2, D6 liquor permit now pending before the Division of Liquor Control; and declaring an emergency. ORD. NO authorizing the Director of Public Service to enter into a contract with the Catholic Youth Organization for operation of the Summer Recreation Program for Disabled Youth; authorizing payment therefore; 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 2007; authorizing payment therefore; and declaring an emergency. ORD. NO approving the sale of a vacant City-owned lot located along Flower Court to the Akron Metropolitan Housing Authority in conjunction with their Hope VI application; determining said property is not needed for public use; and declaring an emergency. RES. NO recognizing and supporting the efforts of the City of Akron to lobby the Ohio High School Athletic Association to hold the 2008 Girls Fastpitch Softball State Championship Games at Firestone Stadium. 8