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 22, 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 3:15 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 15, 2024. All members were present. Minutes of the previous meeting approved. Ayes: 12, Nays: 0. CONSENT AGENDA 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. (PLANNING AND ECONOMIC DEVELOPMENT) 1 RULES (McKitrick, Chair) TIME: 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 22, 2024: 1 ORDINANCE authorizing a Conditional Use to establish a child day care business center at 1584 Creighton Avenue; and declaring an emergency. (6/24/2024) 2 ORDINANCE authorizing a Conditional Use to construct a contractor’s office at 1684 S. Arlington Street; and declaring an emergency. (6/24/2024) 3 ORDINANCE authorizing a Conditional Use to establish a child day care business center at 121 Rhodes Avenue; and declaring an emergency. (6/24/2024) 4 ORDINANCE authorizing a Conditional Use to establish a commercial use at 441 White Pond Drive; and declaring an emergency. (6/24/2024) 5 ORDINANCE authorizing a Conditional Use to construct a deck and solid fence at 1869 Daniels Avenue; and declaring an emergency. (6/24/2024) 2 FIRST READING AND REFERRED: 6 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. (7/15/2024) TIME: 7 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) (Public Hearing held 7/15/2024) 8 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) (Public Hearing held 7/15/2024) 9 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 emergency. (6/24/2024) (Public Hearing was held 7/15/2024). 10 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) 11 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) 3 12 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) 13 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) 14 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) 15 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) 16 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) 17 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) 18 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) 19 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) 20 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) 21 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) 22 D-576 Petition of Abraham Zabay for a Conditional Use to Establish an auto dealership at 338 N. Arlington Street (PC-2022-52-CU) 23 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) 4 24 D-534 Petition of RVR Realty & Investment for a Conditional Use to expand a business at 745 E. Archwood Avenue (9/12/2022) 25 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) 26 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) 27 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) 28 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) 29 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) FILED: 30 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) (Withdrawn by Petitioner 7/15/2024) 31 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) 32 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) 33 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) 5 PUBLIC SERVICE (Kammer, Chair) 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) PUBLIC UTILITIES & GREEN (Kammer, Chair) NO ITEMS PUBLIC SAFETY (McKitrick, Chair) NO ITEMS PARKS & RECREATION (Connor, Chair) NO ITEMS HOUSING & NEIGHBORHOOD ASSISTANCE (Fusco, Chair) NO ITEMS HEALTH & SOCIAL SERVICES (Omobien, Chair) NO ITEMS FILED D-148 Notice of New Type D1 and D3 Liquor Permit to South Point LLC dba South Point 30 & 32 Sand Run Rd Ward 8 D-149 Notice of New Type D1 and D3 Liquor Permit to SS & S Goodyear LLC dba The Linda 1763 Goodyear Blvd Ward 10 D-150 Notice of New Type D2 Liquor Permit to SS & S Goodyear LLC dba The Linda 1745 Goodyear Blvd Ward 10 D-151 Petition to Council Members from Citizens Urging Council to Maintain All Quality of Life Policing Methods 6 ORDINANCES & RESOLUTIONS PASSED AT PREVIOUS MEETING ORDINANCE NO. 261-2024 authorizing a Conditional Use to retain an oversized accessory structure at 87 W. Linwood Avenue; and declaring an emergency. (6/24/2024) Vote: 10-0 (Davis and Garrett Absent) ORDINANCE NO. 262-2024 authorizing a Conditional Use to construct a detached mother-in-law suite at 2574 Addyston Road; and declaring an emergency. (6/24/2024) Vote: 10-0 (Davis and Garrett Absent) ORDINANCE NO. 263-2024 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. Vote: 12-0. ORDINANCE NO. 264-2024 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. Vote: 12-0. RESOLUTION NO. 265-2024 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. Vote: 12-0. NEW LEGISLATION BUDGET & FINANCE 1 ORDINANCE authorizing the Mayor, or his designee, to enter into a contract or contracts with National Testing Network to provide background check services for Akron’s safety forces; and declaring an emergency. 1a ORDINANCE authorizing the Director of Law, or her designee, to enter into a contract or contracts, without the formality of publicly advertising for bids, with Vorys, Sater, Seymour and Pease LLP for the provision of professional legal services for the City of Akron; and declaring an emergency. 1b ORDINANCE authorizing the issuance of a bond of the City in a principal amount not to exceed $8,500,000 for sale to the Water Pollution Control Loan Fund of the State of Ohio to 7  finance the costs of Renewable Energy Facility Polymer System Improvements; pledging certain revenues from the City’s wastewater system on a subordinated basis to secure the payment of the principal of and interest on the Bond; and authorizing the execution and delivery of the Bond, the Trust Agreement and other documents and the taking of other actions related to the issuance and sale of the Bond; and declaring an emergency. 1c ORDINANCE authorizing the Mayor, or his designee, to enter into an agreement or agreements with Youth Success Summit in furtherance of the activities and services it provides to organizations serving Akron’s youth; and declaring an emergency. PLANNING & ECONOMIC DEVELOPMENT 2 ORDINANCE authorizing a Conditional Use to vary the parking requirement at 360-454 E. Waterloo Road; and declaring an emergency. (To be scheduled for Public Hearing) 3 ORDINANCE authorizing a Conditional Use to construct a solid wooden fence beyond the building line at 2016 Cramer Avenue; and declaring an emergency. (To be scheduled for Public Hearing) 4 ORDINANCE authorizing the Mayor, or his designee, to enter into a grant agreement with Akron Polymer Products, Inc. and/or SA Industries, Inc. relating to its relocation and investment into Akron’s workforce; and declaring an emergency. 5 ORDINANCE authorizing the Mayor, or his designee, to enter into a development agreement with Amazon Services LLC, providing for the sale and redevelopment of property located in Springfield Township at 2280 Picton Parkway in Akron; finding such property is not needed for any public use; and declaring an emergency. 6 ORDINANCE levying special assessments and determining to proceed with public improvements and public services for the Downtown Akron Special Improvement District in accordance with Ordinance No. 100-2024 which approved the Downtown Akron Special Improvement District Plan for Services to be provided by the Downtown Akron Special Improvement District, Inc. for 2025-2029, all when and where necessary, all 8  together with the necessary appurtenances thereto; and declaring an emergency. 7 ORDINANCE authorizing the Director of the Department of Planning and Urban Development to enter into a contract with Habitat for Humanity of Summit County for the construction of the Silver Maple Ridge development of sixteen (16) affordable single-family homes for low-income families in Akron; and declaring an emergency. 8 ORDINANCE authorizing the Mayor, or his designee without the formality of publicly advertising for bids, to enter into a contract or contracts with North Hill Community Development Corporation for the renovation of 771 N. Main Street; and declaring an emergency. 9 ORDINANCE authorizing the Mayor, or his designee, to file applications and to enter into agreements for funding of certain capital improvements under the Ohio Public Works Commission’s Local Transportation Improvement Program and the State Capital Improvements Program; committing City funds for the local share of these improvements; and declaring an emergency. 10 ORDINANCE authorizing the Mayor or his designee to apply for and, if awarded, accept and expend grant funds associated with lead hazard reduction from the U.S. Department of Housing and Urban Development; and declaring an emergency. PUBLIC SERVICE 11 ORDINANCE levying special assessments for the improvement of certain streets between certain termini (2022 Phase I Residential Resurfacing Program) by resurfacing such streets with asphaltic concrete 402/404; and declaring an emergency. 12 ORDINANCE levying special assessments for the improvement of certain streets between certain termini (2022 Phase I Arterial/Collector Program) by resurfacing such streets with asphaltic concrete 402/404; and declaring an emergency. 13 ORDINANCE levying special assessments for the improvement of certain streets between certain termini (2022 Phase I Unimproved Street Resurfacing Program) by treating the surface thereof with substances designed to preserve the surface; and declaring an emergency. 9 14 ORDINANCE levying special assessments for the improvement of certain streets between certain termini (2023 Phase I Residential Resurfacing Program) by resurfacing such streets with asphaltic concrete 402/404; and declaring an emergency. 15 ORDINANCE levying special assessments for the improvement of certain streets between certain termini (2023 Phase I Arterial/Collector Program) by resurfacing such streets with asphaltic concrete 402/404; and declaring an emergency. 16 ORDINANCE levying special assessments for the improvement of certain streets between certain termini (2023 Phase I Unimproved Street Resurfacing Program) by treating the surface thereof with substances designed to preserve the surface; and declaring an emergency. 17 ORDINANCE authorizing the Director of Public Service to enter into contracts, without the formality of advertising for bids, to purchase technology that will modernize and streamline snow and ice operations; and declaring an emergency. 18 ORDINANCE authorizing the Director of Public Service to enter into a contract or contracts, utilizing Sourcewell’s cooperative sourcing contract, with Safeware, Inc. for the purchase of training equipment to prepare employees to respond during snow and ice events; and declaring an emergency. 19 ORDINANCE authorizing the Director of Public Service to enter into a contract or contracts, after publicly advertising for bids, for improvements to the water mains on Arborwood Drive and Glen Echo Drive in the City of Akron water service area in Hudson, Ohio; and declaring an emergency. 20 ORDINANCE authorizing the Director of Public Service to enter into a contract, after publicly advertising for bids or requesting and receiving quotes or Requests for Proposals (RFPs), for facility improvements at community centers and downtown buildings to prevent and/or repair water leaks; and declaring an emergency. 21 ORDINANCE authorizing the Director of Public Service, or his designee, to enter into a contract or contracts, after publicly advertising for bids, for the purchase of two substation transformers for the Water Reclamation Facility; and declaring an emergency. 10  22 ORDINANCE authorizing the Director of Public Service to enter into a contract or contracts with Summit Metro Parks relating to the repair and improvements to the University Avenue Bridge; and declaring an emergency. 23 ORDINANCE declaring the necessity of, determining to proceed with, and levying special assessments for the improvement of certain streets in the City by constructing, reconstructing and repairing concrete sidewalks, driveway approaches, curbs, retaining walls and installing roof drain pipes; all in accordance with petitions submitted by property owners under the 2022 City-Wide Sidewalk Program; and declaring an emergency. 24 ORDINANCE authorizing the Mayor, or his designee, to apply for and, if awarded, accept and expend grant funding from the U.S. Department of Transportation Charging and Fueling Infrastructure Grant; and declaring an emergency. 24a ORDINANCE authorizing the Director of Public Service, or his designee, to enter into a contract or contracts, after publicly advertising for bids, for construction of the Renewable Energy Facility Polymer System Improvements project and construction management services related thereto; and declaring an emergency. PUBLIC SAFETY 25 ORDINANCE authorizing the Mayor to accept and expend a Violence Against Women Act grant administrated by the Office of Criminal Justice Services; authorizing the Director of Law to enter into agreements with Oriana House, Inc. to implement the grant by continuing to fund two investigators for the Domestic Violence Unit; and declaring an emergency. For more information, scan the QR codes below or visit our website at www.akroncitycouncil.org 11 Public Comment Receive our weekly Upcoming Frequently Used Period Sign Up: legislative spotlight meetings: Terms: email: 12