AKRON, OHIO COUNCIL AGENDA OF JANUARY 28, 2008 Regular Meeting Members all present. A moment of silent prayer was had. 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 with the County of Summit for the purchase of oblique imagery data and software to enhance the GIS system in the Engineering Bureau; authorizing payment therefore; and declaring an (PUBLIC SERVICE) (2) Ordinance ratifying the actions of the Director of Public Service in contracting with Sutter Electric for emergency repairs to the electrical service at Building #5 at the Municipal Service Center; authorizing payment therefore; and declaring an (PUBLIC SERVICE) (3) Ordinance authorizing the Director of Public Service to enter into a contract with the Greater Akron Amateur Basketball Officials Association for the provision of officials for the city-wide youth basketball program during the 2007-2008 season; authorizing payment therefore; and declaring an (PARKS AND RECREATION) (4) Ordinance amending and/or supplementing Ordinance No. 146-2005, passed on March 21, 2005, which authorized a Conditional Use to permit the establishment of a drive-thru on property at 522 Vernon Odom Boulevard by revising the site plan, changing Condition (1) to require fencing along the west and south property lines, adding Condition (9) regarding removal of storage trailers; and declaring an (ECONOMIC DEV. & JOB CREATION) (5) Ordinance amending The Zoning Map by changing a portion of the Unified Planned Development District (UPD-12) Classification south of Morse Street and east of Romig Road to a Single-Family Residence Use District (U1,H1,A1) Classification; and declaring an (ECONOMIC DEV. & JOB CREATION) (6) Ordinance accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the SCHUMACHER COMMUNITY LEARNING CENTER project; authorizing payment therefore; and declaring an (ECONOMIC DEV. & JOB CREATION) RULES (J. CONTI, CHAIRMAN) FIRST READING AND REFERRED: BUDGET AND FINANCE (T. MERLITTI, CHAIRPERSON) (1) Ordinance authorizing the Director of Finance, on behalf of the City, to donate $5,000 to support the Project Homeless Connect Day in Akron on April 29, 2008; and declaring an () PLANNING (J. CONTI, CHAIRMAN) FIRST READING AND REFERRED UP FOR PUBLIC HEARING FEBRUARY 4, 2008: (1) Resolution adopting the 2008 Capital Investment and Community Development Program, also known as the Capital Investment Budget; and declaring an () 1
TIME: (2) Ordinance authorizing the Director of Public Service to execute, on behalf of the city, an oil and/or gas lease agreement for the mineral rights of 23.62 acres of City owned land and street right of way along North and South Jenkins Boulevard and Virginia Avenue to Ohio Valley Energy Systems Corporation for the St. Paul s Unit No. 1 gas/oil well unitization; and declaring an (01/14/08) (3) 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-2006-89) (10/16/06) (4) 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-2006-91) (10/16/06) (5) D-238. Proposed 2007 Capital Investment & Community Development Program. (12/18/06) (6) D-245. 2006-2010 Capital Investment & Community Development Program. (01/08/07) (7) D-1. 2007-2011 Capital Investment & Community Development Program. (01/07/08) (8) D-462. Petition for a Conditional Use to retain a shed within the side yard area at 705 Wellesley Avenue. Petitioner: Leslie Sutula, owner of land. (PC-2007-93) (12/10/07) (9) D-474. 2008 Capital Investment & Community Development Program. (12/17/07) TIME: PUBLIC SERVICE (B. KEITH, CHAIRMAN) (1) 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 (11/27/06) FILED: (2) D-426. One letter objecting to the improvement of Santee Avenue as per Res. No. 485-2007. (10/01/07) (3) D-426-1. 1. Two (2) letters objecting to the improvement of Dover Avenue as per Res. No. 485-2007. (10/15/07) (4) D-426-2. One (1) letter objecting to the improvement of Dover Avenue as per Res. No. 485-2007. (10/22/07) (5) D-426-3. One (1) letter objecting to the improvement of Dover Avenue, et al, as per Res. No. 485-2007. (11/19/07) PUBLIC UTILITIES (J. HURLEY, CHAIRMAN) 2
FIRST READING AND REFERRED: PUBLIC SAFETY (J. SHEALEY, CHAIRMAN) (1) Ordinance amending Title 13, Chapter 138, Section 138.28 Use, possession, or sale of drug paraphernalia to enhance the penalty for possession of drug paraphernalia involving controlled substances other than marijuana; and declaring an () PARKS AND RECREATION (K. CRAWFORD, CHAIRPERSON) HOUSING (M. FREEMAN, CHAIRMAN) HEALTH AND SOCIAL SERVICE (R. GREENE, CHAIRPERSON) TIME: ECONOMIC DEVELOPMENT & JOB CREATION (T. ALBANESE, CHAIRPERSON) (1) D-452. Petition for a Conditional Use to construct building additions and to establish the East/Goodyear Community Learning Center at 80 Brittain Road. Petitioner: Akron Public Schools. (PC-2007-99) (11/19/07) (2) D-453. Petition for a Conditional Use to retain a three-unit apartment house at 1020-1022 Caddo Avenue. Petitioner: Mario L. Cericola, owner of land. (PC-2007-111-CU) (11/19/07) (3) Ordinance approving and authorizing the execution of a contract for private redevelopment with Infocision Management Corporation and GLT Limited Liability Company ( Redeveloper ) and the Bath-Akron-Fairlawn Joint Economic Development District, providing for the redevelopment of property in the Bath-Akron-Fairlawn Joint Economic Development District, and related findings; and declaring an (12/17/07) (4) Ordinance approving and authorizing the execution of a contract for sale of land for private redevelopment with Opus Rex, LLC ( Redeveloper ), providing for the sale and redevelopment of property in the Akron Square Business Park pursuant to the Arlington/Kelly Urban Renewal Plan, as amended ( Plan ); finding such property is not needed for any public use, and related findings; and declaring an (07/23/07) (5) D-320. Petition for a Conditional Use to establish a dog grooming business at 85 Nickel Street. Petitioner: Sharon Gannon, owner of land. (PC-2007-37) (04/23/07) (6) D-463. Petition for a Conditional Use to operate an auto repair business with existing auto sales at 320 E. Cuyahoga Falls Avenue. Petitioner: Larry Meyers, Lessee. (PC-2007-113) (12/10/07) (7) D-466. Petition for a Conditional Use to place an oversized sign on property at 1187 Copley Road. Petitioner: Akron/Summit County Public Library. (PC-2007-117) (12/10/07) 3
(8) D-2. Petition for a Conditional Use to retain a three-family apartment house at 176 Hillman Road. Petitioner: Ken and Kandy Shoaff, owners. (PC-2007-126) (01/07/08) (9) D-3. Petition for a Conditional Use to operate a day care center at 1129 Kinzie Avenue. Petitioner: Eric D. Garnett, Sr., ABC Kids Academies. (PC-2007-123) (01/07/08) REFERRED: SCREENING COMMITTEE (Sommerville, Chm.; Albanese, Greene, Keith, Conti) (1) D-15. Twelve (12) letters applying for the vacant At-Large Council seat. () MISCELLANEOUS FILED: VIVA VOCE. D-16. Letter from Catherine Culp regarding the grocery store problem in Highland Square. FILED: VIVA VOCE. D-17. Ten (1) City Sidewalk Program Petitions. FILED: VIVA VOCE. D-18. 2008 Capital Investment & Community Development Program for Transportation, Parks and Public Facilities. FILED: VIVA VOCE. D-19. Notice of New D2 liquor permit to FAC Corp., dba Coopers in the Valley, 1824 Merriman Road. (WARD 8) FILED: VIVA VOCE. D-20. Notice of Transfer of C1, C2 liquor permits to Clark Gas & Beverage, 2115 East Avenue (WARD 9) FILED: VIVA VOCE. D-21. Notice of Transfer of C1, C2 liquor permits to Empress Market, 518 E. Exchange Street (WARD 2) FILED: VIVA VOCE. D-22. Notice of New C2 liquor permit to Steves Sunoco, 1550 W. Market Street (WARD 8) FILED: VIVA VOCE. D-23. Notice of Stock of D1 liquor permit to Pizza Hut, 2665 Manchester Road (WARD 9) FILED: VIVA VOCE. D-24. Notice of New D2 liquor permit to 2500 Gatsbys North, 2500 Romig Road (WARD 9) FILED: VIVA VOCE. D-25. Return Showing Service to improve Bellfield Avenue as per Res. No. 379-2007. REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS: Dave Lieberth, Deputy Mayor Administration; John Valle, Deputy Service Director; Elaine Davidson, Assistant Law Director; Diane Miller-Dawson, Finance Director; Robert Bowman, Deputy Mayor - Economic Development; Warren Woolford, Director of Planning; Max Rothal, Director of Law; Samuel DeShazior, Deputy Director of Planning; Tom Quade, Deputy Director of Health; Brent Hendren, Economic Development; Kurt Mulhauser, Comprehensive Planning; Ralph Coletta, Development Services; Jerry Egan, Comprehensive Planning Administrator. 4
COMMITTEE MEETINGS MONDAY, FEBRUARY 4, 2008 12:00 P.M. SCREENING MONDAY, FEBRUARY 4, 2008 2:00 P.M. PUBLIC SERVICE MONDAY, FEBRUARY 4, 2008 2:15 P.M. HEALTH & SOCIAL SERVICE MONDAY, FEBRUARY 4, 2008 2:30 P.M. BUDGET & FINANCE MONDAY, FEBRUARY 4, 2008 2:45 P.M. ECONOMIC DEVELOPMENT AND JOB CREATION MONDAY, FEBRUARY 4, 2008 3:00 P.M. PLANNING MONDAY, FEBRUARY 4, 2008 3:15 P.M. PUBLIC UTILITIES MONDAY, FEBRUARY 4, 2008 3:30 P.M. PUBLIC SAFETY MONDAY, FEBRUARY 4, 2008 3:45 P.M. PARKS & RECREATION MONDAY, FEBRUARY 4, 2008 3:45 P.M. HOUSING ON MOTION, Council adjourned at 7:40 p.m. Cheri Prough Clerk of Council 5
ORDINANCES AND RESOLUTIONS PASSED JANUARY 28, 2008 ORD. NO. 16-2008 authorizing the Director of Public Service to execute, on behalf of the City, an oil and/or gas lease agreement for the mineral rights of 7.17 acres of street right-of-way along Jenkins Boulevard, South Arlington Street and Rosemary Boulevard to Ohio Valley Energy Systems Corporation for the Piscitelli Unit No. 1 gas/oil well unitization; and declaring an ORD. NO. 17-2008 authorizing the Director of Public Service to execute, on behalf of the City, an oil and/or gas lease agreement for the mineral rights of 36.90 acres of City-owned land and street right-of-way along Triplett Boulevard, Glaser Parkway and Salem Avenue to Oho Valley Energy Systems Corporation for the Sawhill AFA Unit No. 3D gas/oil well unitization; and declaring an ORD. NO. 18-2008 accepting Various Right-of-Way Document(s) for certain property described below to facilitate the completion of the WHITE POND PHASE I project; and declaring an ORD. NO. 19-2008 accepting a utility easement for property described below in the City of Akron, for the WEST MARKET STREET project; authorizing payment therefore; and declaring an ORD. NO. 20-2008 accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the WEST MARKET STREET project; authorizing payment therefore; and declaring an ORD. NO. 21-2008 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 ORD. NO. 22-2008 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 ORD. NO. 23-2008 accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the EDGEWOOD HOPE VI ROAD IMPROVEMENTS project; authorizing payment therefore; and declaring an RES. NO. 24-2008 adopting the Rules of Procedures for the Akron City Council ; and declaring an ORD. NO. 25-2008 authorizing the Director of the Department of Planning and Urban Development to enter into an agreement or agreements with local agencies to carry out the Emergency Shelter Grant Program for program year 2008; authorizing payment therefore; and declaring and ORD. NO. 26-2008 accepting the eligibility report for the Mud Run West Redevelopment Area and approving the Mud Run West Redevelopment Plan; making necessary findings in connections therewith; and declaring an ORD. NO. 27-2008 authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for the construction of repairs to the Cascade Parking Garage; and declaring an ORD. NO. 28-2008 authorizing the Director or Public Service to enter into a contract, after publicly advertising for bids, for the construction of improvements to Lisa Ann Park; approving specifications therefore; and declaring an ORD. NO. 29-2008 Ordinance authorizing the Director of Public Service to enter into an agreement with the Ohio Director of Transportation for the construction and system integration of a freeway management system on IR76/IR77/SR162; and declaring an 6
ORD. NO. 30-2008 authorizing the Mayor to enter into a contract, after publicly advertising for bids, for the purchase of cameras and accessories for use in the Police Division; approving specifications therefore; and declaring an ORD. NO. 31-2008 authorizing the Mayor to file an application and enter into an agreement with the Ohio Governor s Highway Safety Office for funding from the FFY 2008 Overtime Enforcement Grant; authorizing the Mayor to enter into a contract to implement the grant; and declaring an RES. NO. 32-2008 declaring the necessity and intent of the City of Akron to appropriate a fee simple interest in certain real property owned by Rayd Abdel Kader, located at 459-461 Vernon Odom Boulevard, for the purposes of constructing, reconstructing, making or repairing roads that are open to the public in conjunction with the Edgewood Hope VI-Phase 1 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 RES. NO. 33-2008 urging a moratorium on home foreclosures and congressional enactment of a Homeowners and Bank Protection Act; and declaring an 7