AKRON, OHIO COUNCIL AGENDA OF APRIL 30, 2007 Regular Meeting Members all present, except Otterman, 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 enter into a contract, after publicly advertising for bids, for the renovation of the storage buildings on Evans Avenue and at the Municipal Service Center; approving specifications therefore; and declaring an emergency. (PUBLIC SERVICE) (2) Ordinance authorizing the Mayor to enter into an agreement with the University of Akron providing for the loan of twenty city-owned Draeger self-contained breathing apparatus units to the University to train students; and declaring an emergency. (PUBLIC SAFETY) (3) Ordinance accepting Various Right-of-Way Document(s) for certain property described below to facilitate the completion of the KENMORE TOWPATH TRAIL project; authorizing payment therefore; and declaring an emergency. (ECONOMIC DEV. & JOB CREATION) (4) Ordinance accepting conveyance(s) by deed of estates in fee simple of property in the City of Akron, for the VICTORIA COMMUNITY DEVELOPMENT AREA project; authorizing payment therefore; and declaring an emergency. (ECONOMIC DEV. & JOB CREATION) NO ITEMS NO ITEMS: RULES (J. CONTI, CHAIRMAN) BUDGET AND FINANCE (G. MONEYPENNY, CHAIRMAN) PLANNING (J. CONTI, CHAIRMAN) (1) D-382. Petition for a Conditional Use to retain clean dirt storage on Midway Avenue. Petitioner: Kenmore Construction, Inc., owner of land. (PC-2003-77) (09/08/03) (2) D-495. 2005-2009 Capital Investment and Community Development Program. (12/19/05) (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-232. Petition for a Conditional Use to establish an auto repair center and to construct an addition at 330 South Maple Street. (PC-2006-108) Nunzie and Marilyn Fragola, owners of land. Joel Ochoa, Lessee. (12/11/06) (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-2006-115) (12/18/06) (7) D-238. Proposed 2007 Capital Investment & Community Development Program. (12/18/06) 1
(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- 2007-01) (01/08/07) FILED: (9) D-245. 2006-2010 Capital Investment & Community Development Program. (01/08/07) (10) 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-2005-100) (11/07/05) FIRST READING AND REFERRED: PUBLIC SERVICE (B. KEITH, CHAIRMAN) (1) Resolution 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. (04/20/07) (2) Ordinance authorizing the Director of Public Service to enter into an agreement with the Public Utilities Commission of Ohio and the Wheeling and Lake Erie Railway Company for the upgrade of the warning devices at the Wheeling & Lake Erie grade crossing on West Market Street; and declaring an emergency. () REFERRED: (3) D-326. One letter objecting to the 2007 Arterial/Collector Resurfacing Program as per Res. No. 155-2007. () (4) D-327. Eighteen (18) letters and one petition objecting to the 2007 Partial Depth Paving Program as per Res. No. 157-2007. () (5) D-323-1. Five (5) letters and two (2) petitions objecting to the 2007 Residential Resurfacing Program as per Res. No. 158-2007. () (6) 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) (7) D-259. Letter from Wheeling & Lake Erie Railway Company objecting to the improvement of West Market Street as per Res. No. 11-2007. (01/29/07) (8) D-304. One (1) letter objecting to the improvement of Hartford Avenue as per Res. No. 98-2007. (04/02/07) (9) D-304-1. One (1) letter objecting to the improvement of Hartford Avenue as per Res. No. 98-2007. (04/09/07) (10) D-323. Three (3) letters objecting to the 2007 Residential Resurfacing Program as per Res. No. 158-2007. (04/23/07) 2
PUBLIC UTILITIES (T. MERLITTI, CHAIRPERSON) (1) Resolution expressing opposition to Ohio Senate Bill 117 and support for the local cable franchising process; and declaring an emergency. (04/23/07) (2) Ordinance amending and/or supplementing Title 5, Chapter 50 Sewers, Section 50.22 to revise sewerage service charges; and declaring an emergency. (07/24/06) (3) 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) NO ITEMS: PUBLIC SAFETY (J. SHEALEY, CHAIRMAN) 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) NO ITEMS HOUSING (M. FREEMAN, CHAIRMAN) NO ITEMS HEALTH AND SOCIAL SERVICE (R. GREENE, CHAIRPERSON) NO ITEMS AD HOC COMMITTEE ON BOARDS AND COMMISSIONS (OTTERMAN, CHM., Williams, Freeman, Horrigan) 3
SPECIAL ECONOMIC DEVELOPMENT & JOB CREATION (ALBANESE, CHM., Greene, Shealey, Freeman, Moneypenny) UP FOR PUBLIC HEARING MAY 7, 2007: (1) Ordinance authorizing 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. (D-273) (2) 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-2007-07) (02/26/07) (3) Ordinance approving the site plan for Sterling Jewelers to construct additional parking at 377 Ghent Road; and declaring an emergency. (04/16/07) (4) D-274. Petition for a Conditional Use to expand a parking lot at 378 Ghent Road. Petitioner: Sterling Jewelers, owner of land. (PC-2007-09) (02/26/07) (5) 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-2007-11) (02/26/07) (6) 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-2007-19) (03/19/07) (7) D-296. Petition for a Conditional Use to place rooftop antennas at 730 Callis Drive (Channelwood). Petitioner: Clear Wire, Ken Gainar agent. (PC-2007-20) (03/19/07) (8) D-300. Petition for a Conditional Use to construct a monopole telecommunications tower at 463 Morgan Avenue. Petitioner: Clear Wire. Ken Gainar, Agent. (PC-2007-25) (03/26/07) (9) D-301. Petition for a Conditional Use to establish a veterinary hospital at Brittain Road. Petitioner: Precious Lives, Lessee. (PC-2007-24) (03/26/07) (10) D-315. Petition for a Conditional Use to establish parking at 646-650 Elma Street. Petitioner: Towpath Credit Union, Alan McArthur, CEO (PC-2007-30) (04/23/07) (11) 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-2007-31) (04/23/07) (12) D-317. Petition for a Conditional Use to construct monopole telecommunications tower at 1081 Rosemary Blvd. Petitioner: Clearwire. (PC-2007-32) (04/23/07) (13) 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-2007-34) (04/23/07) (14) 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-2007-35) (04/23/07) (15) 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) (16) 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-2007-39) (04/23/07) (17) 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-2007-40) (04/23/07) 4
FILED: (18) 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-2007-21) (03/19/07) (19) 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-2007-17) (03/19/07) (20) 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-2007-18) (03/19/07) MISCELLANEOUS FILED: VIVA VOCE. D-328. Notice of New D5J liquor permit to the City of Akron & Concession Bldg 1 st floor only Amphitheatre 200 S. Main Street, 51 W. State Street. (WARD 5) FILED: VIVA VOCE. D-329. Notice of Transfer of C1 liquor permit to O.P. Market, Inc., dba O P Market, 950 Copley Road. (Ward 4) FILED: VIVA VOCE. D-37-14. Income Tax Receipts for period ending March 31, 2007. FILED: VIVA VOCE. D-28-15. Report of Debt for period ending April 30, 2007. MOTION TO EXCUSE OTTERMAN. CARRIED: VIVA VOCE. REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS: Mayor Plusquellic; Cathy Watson, Deputy Finance Director; John Valle, Deputy Service Director; Max Rothal, Law Director; Dave Lieberth, Deputy Mayor Administration; Robert Bowman, Deputy Mayor Economic Development; Warren Woolford, Planning Director; Rita Weinberg, Economic Development; James Weber, Engineering Construction Manager; John Moore, Zoning Manager. COMMITTEE MEETINGS MONDAY, MAY 7, 2007 :00 P.M. PUBLIC SERVICE MONDAY, MAY 7, 2007 2:15 P.M. HEALTH & SOCIAL SERVICE MONDAY, MAY 7, 2007 2:30 P.M. BUDGET AND FINANCE MONDAY, MAY 7, 2007 2:45 P.M. ECONOMIC DEV. AND JOB CREATION MONDAY, MAY 7, 2007 3:00 P.M. PLANNING MONDAY, MAY 7, 2007 3:15 P.M. PUBLIC UTILITIES MONDAY, MAY 7, 2007 3:30 P.M. PUBLIC SAFETY MONDAY, MAY 7, 2007 3:45 P.M. HOUSING MONDAY, MAY 7, 2007 3:45 P.M. PARKS AND RECREATION ON MOTION, Council adjourned at 7:45 p.m. Cheri Prough Clerk of Council 5
ORDINANCES AND RESOLUTIONS PASSED APRIL 30, 2007 ORD. NO. 220-2007 authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for construction of a Building on the Summit Lake Community Center grounds for equipment storage and maintenance; approving specifications therefore; and declaring an emergency. ORD. NO. 221-2007 authorizing the Mayor to apply for and accept funding from the U.S. Department of Homeland Security, Office of Grants and Training, for the FY 2006 Commercial Equipment Direct Assistance Program; and declaring an emergency. ORD. NO. 222-2007 authorizing a Conditional Use to place rooftop antennas at 520 South Main Street (Canal Place); and declaring an emergency. ORD. NO. 223-2007 authorizing a Conditional Use to permit the construction of the Innes Community Learning Center at 1999 East Avenue: and declaring an emergency. ORD. NO. 224-2007 authorizing a Conditional Use to permit the construction of the Barber Community Learning Center at 665 Garry Road; and declaring an emergency. ORD. NO. 225-2007 declaring certain improvements to real property located in the South Main-Miller Redevelopment Area to be a public purpose and exempt from real property taxation, providing for the collection of service payments in lieu of taxes, providing for the payment of a portion of said service payments to the Akron Public School District, establishing the South Main-Miller Redevelopment Area Redevelopment Tax Increment Equivalent Fund (JBM), all pursuant to Ohio Revised Code Sections 5709.41 to 5709.43 (the Act ); and declaring an emergency. ORD. NO. 226-2007 amending and/or supplementing Title 15, Chapter 153 Zoning Code Section 153.534 Class UPD-13 District of the Code of Ordinances of the City of Akron, by permitting fee-simple ownership of land under condominium units in the district and by improving access to the properties in the district; and declaring an emergency. RES. NO. 227-2007 declaring the necessity and intent of the City of Akron to appropriate a fee simple interest in real property owned by Eugene Evans, located at 564 Allyn 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. 228-2007 directing the appropriation of a fee simple interest, a temporary right-ofway easement, a utility easement and work agreement easement interest in certain real property owned by William R. Hunt III and Brenda Hunt, located at 601 and 613 E. Tallmadge Ave., for the purpose of making or repairing roads that are open to the public in conjunction with the SUM 261-11.57/Tallmadge Avenue 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 making or repairing roads that are open to the public without charge; and declaring an emergency. ORD. NO. 229-2007 directing the appropriation of a fee simple interest in real property owned by Paul E. Spencer and Roberta A. Spencer, located at 319 Cross Street, for the purpose 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. 230-2007 directing the appropriation of a fee simple interest in real property owned by Bonita Byrd and William E. Byrd, located at 345 Cross Street, for the purpose 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. 231-2007 authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids, for construction of the Dart Avenue Parking Deck; approving specifications therefore; and declaring an emergency. 6
ORD. NO. 232-2007 determining to proceed with the improvement of Pelton Avenue between the termini of Celtic Street and Allenford Street, Celtic Street between the termini of Manchester Road and Edwin Avenue, and Westmoreland Street between the termini of Manchester Road and Nesmith Lake Boulevard by paving; grading; constructing and reconstructing curbs, concrete sidewalks, driveway approaches, storm sewers and water mains; installing roof drain pipes; and planting trees; and declaring an emergency. ORD. NO. 234-2007 authorizing the Mayor to accept a thermal imager camera and accessories from the U.S. Department of Homeland Security, Office of Grants and Training, for use by the Fire Division; and declaring an emergency. 7
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