AKRON, OHIO COUNCIL AGENDA OF APRIL 16, 2007 CONSENT AGENDA RULES (J. CONTI, CHAIRMAN) BUDGET AND FINANCE (G. MONEYPENNY, CHAIRMAN)

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1 AKRON, OHIO COUNCIL AGENDA OF APRIL 16, 2007 Regular Meeting Members all present. 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 approving the sale of City owned land to Lance & Monica Weimer; determining said property is not needed for public use; and declaring an emergency. (PLANNING) (2) Ordinance accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the LEGGETT COMMUNITY CENTER project; authorizing payment therefore; and declaring an emergency. (ECONOMIC DEV. & JOB CREATION) (3) Ordinance accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron for economic development purposes; authorizing payment therefore; and declaring an emergency. (ECONOMIC DEV. & JOB CREATION) : RULES (J. CONTI, CHAIRMAN) BUDGET AND FINANCE (G. MONEYPENNY, CHAIRMAN) PLANNING (J. CONTI, CHAIRMAN) (1) Ordinance authorizing a Conditional Use to construct a single-family dwelling on property at 366 East Thornton Street; and declaring an emergency. (D-171) (10/30/06) (NOTE: Public Hearing held 11/20/06. Committee requested Time. Granted: Viva Voce) (2) D-171. Petition for a Conditional Use to construct a single-family dwelling at 366 East Thornton Street. Karen Lee Kalavity, owner of land. (PC ) (09/25/06) (3) 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) (4) D-473. Petition for a Conditional use to establish a firewood, tree, and Christmas tree sales business at 1565 Collier Road. Petitioner: Gordon D. Young, owner of land. (PC ) (11/07/05) (5) D Capital Investment and Community Development Program. (12/19/05) (6) 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) (7) 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) (8) D-232. Petition for a Conditional Use to establish an auto repair center and to construct an addition at 330 South Maple Street. (PC ) Nunzie and Marilyn Fragola, owners of land. Joel Ochoa, Lessee. (12/11/06) 1

2 (9) 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) (10) D-238. Proposed 2007 Capital Investment & Community Development Program. (12/18/06) (11) 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) (12) D Capital Investment & Community Development Program. (01/08/07) (13) D-256. Petition for a Conditional Use to retain a three-unit apartment building at 338 North Arlington Street. Petitioner: Richard A. Thomas, owner of land. (PC ) (01/29/07) FIRST READING AND REFERRED: PUBLIC SERVICE (B. KEITH, CHAIRMAN) (1) Ordinance determining to proceed to lay out, establish, construct, maintain and operate in the City off-street parking facilities for motor vehicles, on Spicer Street between East Exchange Street and Crouse Street, by acquiring real property or interests therein and constructing and improving such parking facilities; and declaring an emergency. () (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) (4) D-304. One (1) letter objecting to the improvement of Hartford Avenue as per Res. No (04/02/07) (5) D One (1) letter objecting to the improvement of Hartford Avenue as per Res. No (04/09/07) PUBLIC UTILITIES (T. MERLITTI, CHAIRPERSON) (1) Ordinance amending and/or supplementing Title 5, Chapter 50 Sewers, Section to revise sewerage service charges; and declaring an emergency. (07/24/06) (2) 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) 2

3 PARKS AND RECREATION (T. ALBANESE, CHAIRPERSON) (1) Ordinance authorizing the Mayor to enter into a contract with various ballet companies to provide the Heinz Poll Summer Dance Festival to be held at various locations during the summer of 2007; authorizing payment therefore; and declaring an emergency. (04/09/07) (2) Ordinance authorizing the Mayor to enter into a contract with the Akron Art Museum for outdoor concerts in 2007; authorizing payment therefore; and declaring any emergency. (04/09/07) (3) Ordinance authorizing the Mayor to enter into a contract with the Akron Symphony Orchestra to provide outdoor concerts at various locations throughout the City during 2007; authorizing payment therefore; and declaring an emergency. (04/09/07) HOUSING (M. FREEMAN, CHAIRMAN) HEALTH AND SOCIAL SERVICE (R. GREENE, CHAIRPERSON) AD HOC COMMITTEE ON BOARDS AND COMMISSIONS (OTTERMAN, CHM., Williams, Freeman, Horrigan) SPECIAL ECONOMIC DEVELOPMENT & JOB CREATION (ALBANESE, CHM., Greene, Shealey, Freeman, Moneypenny) FIRST READING AND REFERRED: (1) Ordinance approving the site plan for Sterling Jewelers to construct additional parking at 377 Ghent Road; and declaring an emergency. () (2) D-274. Petition for a Conditional Use to expand a parking lot at 378 Ghent Road. Petitioner: Sterling Jewelers, owner of land. (PC ) (02/26/07) (3) Ordinance amending and/or supplementing Title 15, Chapter 153 Zoning Code Section Class UPD-13 District of the Code of Ordinances of the City of Akron, by permitting feesimple ownership of land under condominium units in the district and by improving access to the properties in the district; and declaring an emergency. (02/26/07) (4) 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) (5) D-273. Petition for a Conditional Use to vary the development requirements to eliminate the 5 feet landscaped parking setback for a used car lot at 33 West Waterloo Road. Petitioner: Fawaz Abuzaid, owner of land. (PC ) (02/26/07) 3

4 (6) D-293. Petition for a Conditional Use to construct additions to the Innes Community Learning Center at 1999 East Avenue. Petitioner: Akron Public Schools, owner of land. (PC ) (03/19/07) (7) D-294. Petition for a Conditional Use to construct the Barber Community Learning Center at 665 Garry Road. Petitioner: Akron Public Schools, owner of land. (PC ) (03/19/07) (8) 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) (9) 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) (10) D-297. Petition for a Conditional Use to place rooftop antennas at 528 South Main Street (Canal Place) Petitioner: Clear Wire, Ken Gainar agent. (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-301. Petition for a Conditional Use to establish a veterinary hospital at Brittain Road. Petitioner: Precious Lives, Lessee. (PC ) (03/26/07) MISCELLANEOUS FILED: VIVA VOCE. D-313. Notice of Stock of D5, D6 liquor permits to t1254 East Tallmadge Avenue, Inc., dba KC s Shakers Club, E. Tallmadge Avenue. (WARD 2) FILED: VIVA VOCE. D-314. Notice of New D1, D3, D3A liquor permits to 1099 Tallmadge, LLC, 1099 E. Tallmadge Avenue. (WARD 2) REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS: Mayor Plusquellic; Max Rothal, Director of Law; Diane Miller-Dawson, Finance Director; Rick Merolla, Service Director; Tammy Kalail, Assistant Law Director; Dave Lieberth, Deputy Mayor Administration; Dave Lietz, Economic Development; Warren Woolford, Planning Director; Dave Moore, Economic Development; Laraine Duncan, Deputy Mayor Intergovernmental Relations; George Romanoski, Deputy Mayor Public Safety; James Masturzo, Deputy Mayor Labor Relations. COMMITTEE MEETINGS MONDAY, APRIL 23, :00 P.M. PUBLIC SERVICE MONDAY, APRIL 23, :15 P.M. HEALTH & SOCIAL SERVICE MONDAY, APRIL 23, :30 P.M. BUDGET AND FINANCE MONDAY, APRIL 23, :45 P.M. ECONOMIC DEV. AND JOB CREATION MONDAY, APRIL 23, :00 P.M. PLANNING MONDAY, APRIL 23, :15 P.M. PUBLIC UTILITIES MONDAY, APRIL 23, :30 P.M. PUBLIC SAFETY MONDAY, APRIL 23, :45 P.M. HOUSING MONDAY, APRIL 23, :45 P.M. PARKS AND RECREATION ON MOTION, Council adjourned at 7:45 p.m. Cheryl Prough Clerk of Council 4

5 ORDINANCES AND RESOLUTIONS PASSED APRIL 16, 2007 ORD. NO authorizing the Director of the Department of Planning and Urban Development to enter into a grant agreement with the Kutz Foundation for the disbursement of foundation funds for the improvement of the lives of at-risk children in the City of Akron; 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 materials needed to paint City owned oil and gas well equipment; approving specifications therefore; and declaring an emergency. ORD. NO authorizing the Director of Health to enter into contracts with Violet s Cupboard, Inc. and the North American Indian Cultural Center for primary care services for persons living with HIV/AIDS in underserved communities; authorizing payment therefore; and declaring an emergency. ORD. NO accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the ELIZABETH PARK URBAN RENEWAL AREA project; authorizing payment therefore; and declaring an emergency. ORD. NO 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. ORD. NO approving the Redevelopment Plan for the South Main Miller Redevelopment Area; making necessary findings in connection therewith; and declaring an emergency. ORD. NO authorizing the Director of Public Service to enter into an agreement for the purchase of credits for the mitigation of wetland areas as needed for construction of the White Pond Office Park and other projects; and declaring an emergency. ORD. NO amending The Zoning Map by changing the Single-Family Residence Use District (U1,H1,A1) Classification for four lots on the south side of West Long Street to a Retail Business Use District (U3,H1,A3) Classification; and declaring an emergency. ORD. NO rejecting the recommendations of the Fact Finder in the matter of city of Akron and Fraternal Order of Police, Akron Lodge No. 7, Case No. 06-MED ; and declaring an emergency. RES. NO Resolution declaring the necessity and intent of the City of Akron to appropriate a fee simple interest, temporary right-of-way easement, utility easement and work agreement easement interests in certain real property owned by S.E.T. Enterprises, LLC, An Ohio Limited Liability Company located at 595 E. Tallmadge Avenue, for the purposes of making or repairing roads that are open to the public in conjunction with the SUM Project; declaring the necessity and intention of the City of Akron to proceed under Ohio Revised Code, Section (B) for the purpose of making or repairing roads that are open to the public without charge; 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 ADA compliant curb ramps; approving specifications therefore; and declaring an emergency. ORD. NO ratifying the actions of the Director of Public Service in contracting with Kenmore Construction Co., Inc. for emergency repairs to the outfall pipe from CSO Rack 13; authorizing payment therefore; and declaring an emergency. RES. NO opposing and objecting to the application of Georgies Girls, LLC d.b.a. Georgies Girls, 1306 Brittain Road, Akron, Ohio for Class D1, D3, D3A liquor permits now pending before the Division of Liquor Control; and declaring an emergency. 5

6 ORD. NO authorizing the Mayor to enter into a contract with Oriana House, Inc. for confinement, rehabilitation services and alternative sentencing options for offenders convicted in Akron Municipal Court of Akron Code violations; authorizing payment therefore; and declaring an emergency. RES. NO expressing support and urging Akron citizens to vote for Issue 17, the City of Akron s proposed tax rate increase of one-third of one percent on earned income to provide funds to hire police officers, improve neighborhoods, provide equipment and facilities for public safety forces, keep and create jobs, address flooding problems and operate community learning centers in off-school hours; and declaring an emergency. 6