City Council Meeting

Margo Sommerville, President Jeff Fusco, Vice-President Brad McKitrick, President Pro-Tem Members of Council: Jeff Fusco, At-Large Johnnie Hannah, Ward 5 Linda F. R. Omobien, At-Large Brad McKitrick, Ward 6 Eric D. Garrett, Sr., At-Large Donnie Kammer, Ward 7 Samuel D. DeShazior, Ward 1 (vacant), Ward 8 Phil Lombardo, Ward 2 Tina Boyes, Ward 9 Margo Sommerville, Ward 3 Sharon L. Connor, Ward 10 Jan Davis, Ward 4 www.akroncitycouncil.org Council Agenda for July 15, 2024 1:00 P.M. Planning & Economic 2:30 P.M. Health & Social Services Development 1:45 P.M. Parks & Recreation 3:00 P.M Budget & Finance 2:00 P.M. Rules 3:30 P.M Housing & Neighborhood Assistance 2:00 P.M. Public Service 5:00 P.M. Special Meeting – Open Comment Public Hearings 2:00 P.M. Public Utilities & Green 6:30 P.M. Regular Council Meeting 2:15 P.M. Public Safety Regular Meeting held on July 8, 2024. All members were present. Minutes of the previous meeting approved. Ayes: 12, Nays: 0. CONSENT AGENDA 1 ORDINANCE authorizing the Director of Public Service, or his designee, to enter into a contract or contracts, after publicly advertising for bids, for the replacement of the HVAC system in Sedimentation Basins 1 and 2 at the Akron Water Plant; and declaring an emergency. (PUBLIC SERVICE) RULES (McKitrick, Chair) 1  FIRST READING AND REFERRED: 1 ORDINANCE authorizing and directing the submission to the electors of the City of Akron a proposal to amend Sections 68, 70, 105, and 106 of the Charter of the City of Akron, to permit the consideration and hiring of both internal and external candidates for the positions of Police Chief, Fire Chief, and their respective Deputy Chief positions subject to eligibility qualifications set by the City’s Director of Human Resources, in order to provide authority for the City to consider a broad and diverse candidate pool for key leadership positions with the Akron Police and Fire Departments; designating the positions of Police Chief and Fire Chief as members of the unclassified civil service; clarifying that whenever practicable, vacancies in the classified civil service shall be filled by promotion, to be voted upon at the next regularly scheduled general municipal election to be held on November 5, 2024; and declaring an emergency. (7/8/2024) BUDGET & FINANCE (Lombardo, Chair) NO ITEMS PLANNING & ECONOMIC DEVELOPMENT (Fusco, Chair) UP FOR PUBLIC HEARING JULY 15, 2024: 1 ORDINANCE approving the 2024 Consolidated Plan Annual Action Plan including applications and certifications for the Community Development Block Grant (“Community Development”), the HOME Investment Partnership (“HOME”) and Emergency Solutions Grant (“ESG”) Programs; authorizing the Director of Planning and Urban Development to enter into all necessary contracts for the operation and term of the Programs; and declaring an emergency. (7/8/2024) 2 ORDINANCE amending/supplementing Title 15, Chapter 153, “Zoning Code”, Article 1 “General Provisions”, Section 153.140 “Definitions” and Article 14 “Conditional Uses”, Section 153.464 “Uses permitted as conditional uses”, and Section 153.476 “Special standards applicable to specific conditional uses” to add a definition of and development requirements for vape shops; and declaring an emergency. (6/25/2024) 3 ORDINANCE amending/supplementing Title 15, Chapter 153, “Zoning Code”, Article 1 “General Provisions”, Section 153.140 “Definitions” and Article 14 “Conditional Uses”, Section 153.464 “Uses permitted as conditional uses”, and Section 153.476 “Special standards applicable to specific conditional uses” to expand the definition of and add development requirements for marijuana facilities; and declaring an 2  emergency. (6/24/2024) 4 ORDINANCE authorizing a Conditional Use to retain an oversized accessory structure at 87 W. Linwood Avenue; and declaring an emergency. (6/24/2024) 5 ORDINANCE authorizing a Conditional Use to construct a detached mother-in-law suite at 2574 Addyston Road; and declaring an emergency. (6/24/2024) UP FOR PUBLIC HEARING JULY 22, 2024: 6 ORDINANCE authorizing a Conditional Use to establish a child day care business center at 1584 Creighton Avenue; and declaring an emergency. (6/24/2024) 7 ORDINANCE authorizing a Conditional Use to construct a contractor’s office at 1684 S. Arlington Street; and declaring an emergency. (6/24/2024) 8 ORDINANCE authorizing a Conditional Use to establish a child day care business center at 121 Rhodes Avenue; and declaring an emergency. (6/24/2024) 9 ORDINANCE authorizing a Conditional Use to establish a commercial use at 441 White Pond Drive; and declaring an emergency. (6/24/2024) 10 ORDINANCE authorizing a Conditional Use to construct a deck and solid fence at 1869 Daniels Avenue; and declaring an emergency. (6/24/2024) TO BE SCHEDULED FOR PUBLIC HEARING: 11 ORDINANCE authorizing a Conditional Use to construct an office, retail and medical marijuana dispensary on the west side of White Pond Drive, north of Naify Boulevard; and declaring an emergency. (11/27/2023) FIRST READING AND REFERRED: 12 ORDINANCE authorizing the Mayor, or his designee, to enter into a contract with the Wintergreen Ledges Apartments, LLC (Tober Development Company) for the construction of Wintergreen Ledges Apartments which will consist of one hundred twenty (120) affordable housing units available to low-income individuals in Akron; authorizing payment therefor; and declaring an emergency. (7/8/2024) 3 TIME: 13 D-133 Petition of South Plaza Associates, LLC, for a Conditional Use to Vary the Parking Requirement at 360-454 E. Waterloo Road PC-2024- 28-CU (7/1/2024) 14 D-134 Petition of WM of Ohio for a Conditional Use to Operate a Refuse and Recycling Transfer Station and Trash Hauling Business at 1400 E. Archwood Avenue PC-2024-31-CU (7/1/2024) 15 D-135 Petition of Andrae Martin for a Conditional Use to Construct a Solid Fence Within the Akers Avenue Setback at 2016 Cramer Avenue PC-2024-32-CU (7/1/2024) 16 D-104 Petition of Benjamin Parker for a Conditional Use to Retain an Oversized Accessory Structure at 87 W. Linwood Avenue PC-2024-15- CU (6/3/2024) 17 D-105 Petition of Mihaela and Valentin “Mitch” Roman for a Conditional Use to Construct a Detached Mother-in-Law Suite at 2574 Addyston Road PC-2024-17-CU (6/3/2024) 18 D-106 Petition of Mia O’Hara and Ashanti Smith for a Conditional Use to Establish a Child Day Care Business Center at 1584 Creighton Avenue PC-2024-18-CU (6/3/2024) 19 D-107 Petition of Arlander Ables, Dba AA Maintenance, for a Conditional Use to Construct a Contractor’s Office at 1684 S. Arlington Street PC-2024-19-CU (6/3/2024) 20 D-108 Petition of Casey Meyers and Rochelle Hostler, dba Watershed Community School, for a Conditional Use to Establish a Child Day Care Business Center at 121 Rhodes Avenue PC-2024-20-CU (6/3/2024) 21 D-109 Petition of Russell J. McPherson for a Conditional Use to Construct an Addition for an Office / Assembly Business at 441 White Pond Drive PC-2024-21-CU (6/3/2024) 22 D-110 Petition of David and Diana Ferrell for a Conditional Use to Construct a Deck and Solid Fence at 1869 Daniels Avenue PC-2024-22- CU (6/3/2024) 23 ORDINANCE authorizing a Conditional Use to establish a Type A daycare home at 782 Bellevue Avenue; and declaring an emergency. (11/27/2023) (Public Hearing held 2/5/2024) 4  24 D-730 Petition of Keisha Burney for a Conditional Use to Establish a Type A Daycare Home at 782 Bellevue Avenue PC-2023-60-CU (11/06/2023) 25 D-729 Petition of White Pond Holdings, LLC, for a Conditional Use to Construct an Office, Retail and Medical Marijuana Dispensary Development and Sale of City-Owned Land on the West Side of White Pond Drive, South of Frank Boulevard (Parcel 68-62331) PC-2023-59- CU&S (11/06/2023) 26 ORDINANCE authorizing a Conditional Use to establish an auto dealership at 338 N. Arlington Street; and declaring an emergency. (11/28/2022) (Public Hearing was held 1/23/2023) 27 D-576 Petition of Abraham Zabay for a Conditional Use to Establish an auto dealership at 338 N. Arlington Street (PC-2022-52-CU) 28 ORDINANCE authorizing a Conditional Use to expand a business at 745 E. Archwood Avenue; and declaring an emergency. (9/12/2022) (Public Hearing was held 10/3/2022) 29 D-534 Petition of RVR Realty & Investment for a Conditional Use to expand a business at 745 E. Archwood Avenue (9/12/2022) 30 ORDINANCE authorizing a Conditional Use to construct a parking lot at 921 Cordova Avenue for the Maple Valley Resource Center at 1474 Copley Road; and declaring an emergency. (9/18/2023) (Public Hearing held 9/25/2023) 31 ORDINANCE authorizing a Conditional Use to establish and construct an addition to a bed and breakfast at 814 Bloomfield Avenue; and declaring an emergency. (Public Hearing was held 9/13/21) 32 D-285 Petition of Louie Berrodin for a Conditional Use to establish a bed and breakfast and construct an addition at 814 Bloomfield Avenue (PC- 2021-30-CU) (7/12/21) 33 ORDINANCE authorizing a Conditional Use to construct a parking lot on the east side of W. Center Street (PN 6716587); and declaring an emergency. (Public Hearing was held October 21, 2019) 34 D-774 Petition of Community Action Agency for a Conditional Use to construct a parking lot and the sale of City-owned land on W. Center Street. (Parcel No. 6716587) (PC-2019-63-CU & S) (9/16/19) PUBLIC SERVICE (Kammer, Chair) 5  TIME: 1 D-116-1 One (1) Objection to Street Cleaning/Street Lighting Project Per R-167-2024 (7/1/2024) 2 D-116-1 One (1) Objection to Street Cleaning and Street Lighting Project Per R-167-2024 (6/11/2024) 3 D-116 One (1) Objection to Street Cleaning and Street Lighting Project Per R-167-2024 (6/3/2024) FILED: 4 D-79-2 Two (2) Objections to Unimproved Street Resurfacing Project Per R-128-2024 (5/13/2024) 5 D-101 One (1) Objection to West Portage Trail Curbs and Concrete Sidewalks Project Per R-117-2024 (5/13/2024) 6 D-79-1 One (1) Objection to Unimproved Street Resurfacing Project Per R-128-2024 (5/6/2024) 7 D-78-1 One (1) Objection to Residential Street Resurfacing Project Per R-130-2024 (4/29/2024) 8 D-85 One (1) Objection to Arterial Collector Resurfacing Project Per R- 129-2024 (4/29/2024) 9 D-78 One (1) Objection to Residential Street Resurfacing Project Per R- 130-2024 (4/22/2024) 10 D-79 One (1) Objection to Unimproved Street Resurfacing Project Per R- 128-2024 (4/22/2024) PUBLIC UTILITIES & GREEN (Kammer, Chair) NO ITEMS PUBLIC SAFETY (McKitrick, Chair) NO ITEMS PARKS & RECREATION (Connor, Chair) NO ITEMS 6 HOUSING & NEIGHBORHOOD ASSISTANCE (Fusco, Chair) NO ITEMS HEALTH & SOCIAL SERVICES (Omobien, Chair) NO ITEMS FILED D-145 Return of Service for Off Street Parking 2024 D-146 Return of Service for Lightning and Cleaning 2024 D-147 Report for the Public Utilities Commission of Ohio June 26, 2024 ORDINANCES & RESOLUTIONS PASSED AT PREVIOUS MEETING ORDINANCE NO. 247-2024 authorizing the Mayor, or his designee, to enter into a contract or contracts, without the formality of publicly advertising for bids, with Dell Marketing LP for Microsoft software licensing for a three-year term; and declaring an emergency. Vote: 12-0. ORDINANCE NO. 248-2024 accepting a vacation plat for the eastern terminus of Nicholas Avenue; and declaring an emergency. Vote: 12-0. ORDINANCE NO. 249-2024 approving and confirming the appointments of Casey Shevlin as trustee to the Summit/Akron Solid Waste Management Authority Board d/b/a ReWorks with Daniel Dempsey as her alternate for the term ending February 28, 2025; approving and confirming the appointment of Anthony Dolly as alternate for Mayor Shammas Malik for the term ending February 28, 2025; and declaring an emergency. Vote: 12-0. RESOLUTION NO. 250-2024 adopting the City Council Social Media Policy; amending Resolution No. 373-2023 to supplement the “Rules of Procedure for Akron City Council” to add the City Council Social Media Policy as an addendum; and declaring an emergency. (7/1/2024) Vote: 11-1 (Kammer) RESOLUTION NO. 251-2024 expressing opposition to the current electoral college system and promoting a majority rule system for the election of the United States President; and declaring an emergency. (7/1/2024) Vote: 10-2 (Boyes and Kammer) RESOLUTION NO. 252-2024 requesting that the Mayor compensate the roles of Police Chaplain and Fire Chaplain serving the City’s Divisions of Police and 7 Fire; and declaring an emergency. (6/24/2024) (Substitute offered as an amendment was read in 7/8/2024) Vote: 12-0. ORDINANCE NO. 253-2024 authorizing the Mayor, or his designee, to apply for, and if awarded, accept and expend grant funding from the United States Department of Transportation for the Strengthening Mobility and Revolutionizing Transportation (SMART) Grant to improve traffic safety in Akron; and declaring an emergency. Vote: 12-0. ORDINANCE NO. 254-2024 determining to proceed with the improvement of certain streets between certain termini in accordance with Resolution No. 127- 2024 (2024 Partial Depth Resurfacing Program); and declaring an emergency. Vote: 12-0. ORDINANCE NO. 255-2024 determining to proceed with the improvement of certain streets between certain termini in accordance with Resolution No. 128- 2024 (2024 Unimproved Street Resurfacing Program); and declaring an emergency. Vote: 12-0. ORDINANCE NO. 256-2024 determining to proceed with the improvement of certain streets between certain termini in accordance with Resolution No. 129- 2024 (2024 Arterial/Collector Resurfacing Program); and declaring an emergency. Vote: 12-0. ORDINANCE NO. 257-2024 determining to proceed with the improvement of certain streets between certain termini in accordance with Resolution No. 130- 2024 (2024 Residential Resurfacing Program); determining to proceed with the improvement; and declaring an emergency. Vote: 13-0. ORDINANCE NO. 258-2024 determining to proceed with the improvement of West Portage Trail between the termini of North Portage Path and Treetop Trail by constructing and reconstructing curbs and concrete sidewalks; and declaring an emergency. Vote: 12-0. RESOLUTION NO. 259-2024 approving and confirming the appointment by Mayor Malik of Crystal Jones to the Akron Citizens’ Police Oversight Board, as established by Charter Section 68a; and declaring an emergency. Vote: 11-1 (Fusco) ORDINANCE NO. 260-2024 authorizing the Mayor, or his designee, to expend grant funding that has been awarded by the United States Consumer Product Safety Commission for the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Grant; and declaring an emergency. Vote: 12-0. 8 NEW LEGISLATION PLANNING & ECONOMIC DEVELOPMENT 1 ORDINANCE authorizing the Mayor, or his designee, to enter into a loan agreement or agreements with the Northeast Ohio Areawide Coordinating Agency’s (NOACA) Vibrant NEO Brownfields Revolving Loan Fund (BRLF) for asbestos abatement at 1200 Firestone Parkway; authorizing payment therefore; and declaring an emergency. 2 ORDINANCE authorizing the Mayor, or his designee, to enter into a lease agreement with the Legal Defenders Office of Summit County Ohio, Inc., for lease of approximately 1,246 square feet of office property at the Akron Municipal Court Building/Oliver Ocasek Building; and declaring an emergency. PUBLIC SAFETY 3 ORDINANCE authorizing the Director of Law to enter into a contract with the Summit County Public Defender Commission to provide legal services for indigent defendants in Akron Municipal Court, in accordance with the requirements of the Constitution of the United States with respect to the provision of legal representation to indigent defendants; and declaring an emergency. 4 RESOLUTION opposing and objecting to the renewal application of Andy’s in Firestone Park, LLC, 1751, S Main Street, Akron, Ohio 44301 for Class D5 and D6 liquor permits (0211611) pending before the Division of Liquor Control; and declaring an emergency. 9  For more information, scan the QR codes below or visit our website at www.akroncitycouncil.org Public Comment Receive our weekly Upcoming Frequently Used Period Sign Up: legislative spotlight meetings: Terms: email: 10