City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM AUGUST 3, 2009 ROLL CALL: Eleven Council Mem bers Present (Mem ber Carbenia Absent) INVOCATION: Thom as W est, W ard 2 Council Mem ber PLEDGE OF ALLEGIANCE: Led by President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#1; 2 nd Rdg O#8 - O#18; O#1 Adopted on 1 st Rdg; O#7 Retained in Cm te; O#14 Adopted on 2 nd Rdg; O#18 Adopted on 2 nd Rdg as Am ended; O#19 & O#23 Postponed until 8/17/09) PUBLIC HEARINGS: 7:30 P.M. AN ORDINANCE CREATING CHAP 1128, W INDMILLS & W IND TURBINES, OF PART ELEVEN - PLANNING & ZONING CODE; PLANNING COMMISSION RECOMMENDS APPROVAL O#23 - POSTPONED UNTIL 8/17/09 7:31 P.M. AN ORDINANCE AMENDING SECTION 1123.30, FAMILY, OF CODIFIED ORDINANCES; PLANNING COMMISSION RECOMMENDS APPROVAL O#132/2009 7:32 P.M. AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; (PARTS OF LOTS NOS. 2028 & 2029 @ 622 7 TH ST NE - HABITAT FOR HUMANITY); PLANNING COMMISSION RECOMMENDS APPROVAL; ZONING FROM I-1 (LIGHT INDUSTRIAL) & R-2 (ONE & TW O FAMILY RESIDENTIAL) TO PR-1a (SINGLE FAMILY RESIDENTIAL); AND DECLARING THE SAME TO BE AN EMERGENCY O#133/2009 7:33 P.M. AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; (PARTS OF LOTS NOS. 827, 828, 829 @ 1372 MARKET AVE S - EDW ARD RAYNOR); PLANNING COMMISSION RECOMMEND APPROVAL; ZONING FROM B-3 (GENERAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS); AND DECLARING THE SAME TO BE AN EMERGENCY (4 Speakers, Paul Burt; Jam es Seran; Ed Raynor; Rick Zengler) O#7 - RETAINED IN CM TE UNTIL 8/17/09 PUBLIC SPEAKS (ORDINANCES OR RESOLUTIONS FOR ADOPTION ONLY): (None) INFORM AL RESOLUTIONS: MAJORITY LEADER DON CASAR: EXCUSING MEMBER. MEMBER CARBENIA COM M UNICATIONS: 328. COMMUNICATIONS DIRECTOR HERMAN: REQ AMEND COMM #270 FOR PRICE REDUCTION OF ORACLE SOFTW ARE LICENSE OF $707.65. - FINANCE COMMITTEE 329. COUNCIL-AT-LRG SMUCKLER: REQ LAW DEPT TO RESEARCH POSSIBLE LEGISLATION OF BANKS FORECLOSURE TITLE PROCESSING. - JUDICIARY COMMITTEE 330. DEVELOPMENT DIRECTOR TORRES: REQ TO W ITHDRAW COMM #300 FOR MORAL OB TO CANTON SPORTS OFFICIALS. - RECEIVED & FILED 331. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /YW CA OF CANTON IN AMT NOT TO EXCEED $100,000.00 PER YR FOR 3 YRS FOR FIRST PHASE OF GATEW AY HOUSE II PROJECT, HOME DOLLARS W ILL FUND SITE PREP & CONSTRUCTION COSTS. - COMMUNITY & ECONOMIC DEVELOPMENT & FINANCE COMMITTEES 332. FINANCE CHAIRMAN HAW K: REQ ORDINANCE SUSPENDING ALL TRAVEL UNLESS RELATED TO CERTIFICATION & LICENSING EFFECTIVE IMMEDIATELY THROUGH 12/31/10. - FINANCE COMMITTEE 333. FINANCE DIRECTOR ALGER: REQ SUPP FUNDS FROM UNAPPROP BAL 6017 HEALTH & LIFE INS FUNDS TO COVER MEDICAL & PRESCRIPTION CLAIMS FROM JAN - JUN 2009. - FINANCE COMMITTEE 334. FINANCE DIRECTOR ALGER: REQ APPROP ADJ OF GENERAL FUND REDUCTIONS BASED ON AUDITOR’S CERTIFIED FUNDS AMT. - FINANCE COMMITTEE 335. HEALTH ADMIN MCBRIDE: JUNE 2009, MONTHLY COMPARATIVE RPT INS CLAIMS. - RECEIVED & FILED 336. HEALTH COMMISSIONER ADAMS: REQ APPROP TRANSFER OF $1,050.00 IN FUND 2313 PREVENTIVE HEALTH & $520.00 IN FUND 2314 CHILD & FAMILY HEALTH. - FINANCE COMMITTEE 337. LIQUOR CONTROL DIVISION (OHIO): ADVISE OF DENIAL 2009-2010 D5 6 LIQ PERMIT FOR PLW 2006, LLC DBA HOB NOB TAVERN @ 1604 HARRISBURG RD NE, 1 ST FL & PATIO. - RECEIVED & FILED 338. LIQUOR CONTROL DIVISION (OHIO): ADVISE OF DENIAL OF TRANSFER OF D5 6 LIQ PERMIT FROM PLW 2006, LLC DBA HOB NOB TAVERN @ 1604 HARRISBURG RD NE, 1 ST FL & PATIO TO MIMI HMEIDAN DBA HOB NOB TAVERN @ 1604 HARRISBURG RD NE. - RECEIVED & FILED 339. MAYOR W ILLIAM HEALY: REQ LAW DEPT REVIEW OF HIRING FREEZE ORDINANCE & REQ RESOLUTION TO IMPOSE FREEZE. - PERSONNEL COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - AUGUST 3, 2009 COM M UNICATIONS CONTINUED: 340. SAFETY DIRECTOR NESBITT: DEMO LIST OF 11 PROPERTIES DETERMINED UNSAFE & HAZARDOUS IN VARIOUS W ARDS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 341. SAFETY DIRECTOR NESBITT: RECEIPT OF JUNE 2009 RPT OF INMATES INCARCERATED UNDER CITY ORDINANCE PROVIDED BY STARK CNTY SHERIFF. - RECEIVED & FILED 342. SERVICE DIRECTOR PRICE: REQ AUTHORIZATION FOR SERV DIR TO ENTER INTO CHANGE ORDER #1 W /NL CONSTRUCTION CORP., INC. FOR NEW COLLECTION SYSTEMS SERV CTR & ADMIN BLDG; REQ SUPP APPROP OF $127,302.20 FROM 5406 2006 SEW ER COLLECTION BLDG BOND FUND TO 5406 206006 OTHER. - FINANCE COMMITTEE 343. SERVICE DIRECTOR PRICE: REQ SUPP APPROP FROM 4501 CAPITAL IMPROVEMENT FUND TO SERV DIR ADMIN OTHER, STREET ADMIN OTHER, BLDG MAINT ADMIN OTHER & PARK ADMIN OTHER. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 344. TREASURER SCHIRACK: APRIL 2009, COMPARATIVE RPT OF CASH RECEIPTS. - RECEIVED & FILED 345. TREASURER SCHIRACK: MAY 2009, COMPARATIVE RPT OF CASH RECEIPTS. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: (COUNCIL RECESSED @ 7:55 P.M. FOR FINANCE COMMITTEE TO DISCUSS ADOPTION OF O#1; RECONVENED @ 7:57 P.M.) 126/2009 1. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /ORACLE USA, INC IN AMT NOT TO EXCEED $34,902.77 FOR ONE YR SUPPORT CONTRACT FOR SOFTW ARE LICENSES; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 2. AUTHORIZE LAW DIRECTOR TO ENTER INTO PROF SERV CONTRACT W /RICHARD REINBOLD; EMEGENCY Referred to Finance Com m ittee 1 ST RDG 3. AUTHORIZE EDITING & INCLUSION OF CERTAIN ORDINANCES AS PARTS OF VARIOUS COMPONENT CODES OF CODIFIED ORDINANCES OF CANTON, OHIO; EMERGENCY Referred to Judiciary Com m ittee 1 ST RDG 4. RES AUTHORIZE LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS & INSTITUTIONS COPIES OF 2008 SUPPLEMENT TO CANTON CODIFIED ORDINANCES; TO AFFIX PRICE FOR SALE OF SAME; EMERGENCY Referred to Judiciary Com m ittee 1 ST RDG 5. APPROV & ADOPT AN ALTERNATIVE METHOD FOR APPORTIONING FUNDING FOR SCOG FOR 2010 - 2019; AUTHORIZE MAYOR TO EXECUTE SAID AGMT; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 6. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (OUTLOTS 1318 & 1319 ON COLUMBUS RD NE - CENTRAL ALLIED) PUB HRG 8/31/09 @ 7:30 P.M . Referred to Judiciary Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#8 - O#18; O#7 RETAINED IN CMTE; O#14 ADOPTED; O#18 ADOPTED AS AMENDED) RETAINED IN CM TE 7. RETAINED IN CM TE 7/20/09 AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (PARTS OF LOTS NOS. 827, 828, 829 @ 1372 MARKET AVE S) PUB HRG 8/3/09 @ 7:33 P,M . (JUD) 2 ND RDG 8. APPROV & ACCEPT REPLAT OF LOTS 36333, 36328, & 36329; EMERGENCY (W EST OF HARRISON AVE ON 34 TH ST NW ) (PS&T) 2 ND RDG 9. APPROV & ACCEPT REPLAT OF PARTS OF OUT LOTS 306, 307, 308, & 309; EMERGENCY (GATEW AY BLVD SE) (PS&T) 2 ND RDG 10. AMEND SECTION 105.10, PROFESSIONAL OR PERSONAL SERVICES CONTRACTS, OF CODIFIED ORDINANCES (JUD) 2 ND RDG 11. AMEND SECTION 353.03, TIME LIMIT METERED ZONES; NOTICE; HRS OF OPERATION OF PART THREE - TRAFFIC CODE (JUD) 2 ND RDG 12. AMEND APPROP O#193/2008, AS AMENDED, BY MAKING APPROP TRANSFER; EMERGENCY (LEAD ASSESSMENT FUND/HEALTH DEPT) (FIN) CANTON CITY COUNCIL AGENDA - PAGE 3 - AUGUST 3, 2009 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 13. AMEND APPROP O#193/2008, AS AMENDED, BY MAKING APPROP TRANSFER; EMERGENCY (W ORKERS’ COMP RETRO FUND) (FIN) 127/200914. AUTHORIZE SERV DIR TO ENTER INTO AGMT W /CITY OF NORTH CANTON TO REVISE COST SHARING PERCENTAGE FOR OPERATION, MAINT & REPLACEMENT COSTS AT W ATER RECLAMATION FACILITY; EMERGENCY (FIN) 2 ND RDG 15. ADOPT CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR FISCAL YR ENDING 12/31/10; EMERGENCY (FIN) 2 ND RDG 16. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS, & ENTER INTO CONTRACT FOR LEASE OF SPACE LOCATED @ 215 W TUSCARAW AS ST; EMERGENCY (PPCI&FIN) 2 ND RDG 17. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /JACK DOHENY SUPPLIES OHIO, INC./VACTOR MANUFACTURING IN AN AMT NOT TO EXCEED $299,464.29 FOR PURCHASE OF ONE VACTOR MANUFACTURING MODEL 2110 COMBO SEW ER CLEANING TRUCK; EMERGENCY (PPCI) AM ENDED 128/2009 18. POSTPONED FROM 7/6/09 AUTHORIZE MAYOR TO ENTER INTO COOP ECONOMIC DEVELOPMENT AGMT W /JACKSON TOW NSHIP IN RM INVESTMENTS/METRO RTA ANNEXATION AREA; EMERGENCY (ANNEX) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: POSTPONED UNTIL 8/17/09 19. AUTHORIZE MAYOR TO FILE APPLICATION W /HUD FOR CHDO FUNDS, EXECUTE GRANT AGMTS, & ACCEPT $250,000.00 IN HOME CHDO FUNDS TO EXPAND SUPPLY OF ENERGY EFFICIENT & ENVIRONMENTALLY FRIENDLY HOUSING; AUTHORIZE MAYOR TO ENTER INTO CONTRACT W /FREED HOUSING CORP IN AMT NOT TO EXCEED $500,000.00 TO IMPLEMENT GREEN HOME PROG; EMERGENCY 129/2009 20. AMEND APPROP O#193/2008, AS AMENDED, BY MAKING SUPP APPROP & APPROP TRANSFER; EMERGENCY (FORFEITURE FUND, CITY PARKING DECK, COMM DEV) 130/2009 21. AMEND APPROP O#193/2008, AS AMENDED, BY MAKING SUPP APPROP; EMERGENCY (MINORITY HEALTH) 131/2009 22. AUTHORIZE SERV DIR TO EXECUTE LICENSE AGMT & EASEMENT AGMT ON CITY-OW NED LAND IN PIKE TW NSHP; EMERGENCY POSTPONED UNTIL 8/17/09 23. ORDINANCE CREATING CHAP 1128, W INDMILLS & W IND TURBINES, OF PART ELEVEN - PLANNING & ZONING CODE PUB HRG 8/3/09 @ 7:30 P.M . 132/2009 24. AMEND SECTION 1123.30, FAMILY, OF CODIFIED ORDINANCES PUB HRG 8/3/09 @ 7:31 P.M . 133/2009 25. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (PARTS OF LOTS NOS. 2028 & 2029 @ 622 7 TH ST NE) PUB HRG 8/3/09 @ 7:32 P.M . 134/2009 26. AUTHORIZE AUDITOR TO PAY $106,894.78 TO MOTOROLA, INC FOR 2009 SERV AGMT; EMERGENCY 135/2009 27. AUTHORIZE SAF DIR TO ADVERTISE, REC BIDS & SELL PROP OW NED BY CITY OF CANTON; EMERGENCY (1251 GRENADA DR NE) 136/2009 28. AUTHORIZE SERV DIR TO APPLY FOR, ENTER INTO AGMT & ACCEPT FUNDS FOR 2010 PROG YR FROM OHIO PUBLIC W ORKS COMMISSION; EMERGENCY 137/2008 29. AUTHORIZE SERV DIR TO APPLY FOR, ENTER INTO AGMT & ACCEPT FUNDS FOR 2010 PROG YR FROM CLEAN OHIO CONSERVATION FUND; EMERGENCY 138/2009 30. AUTHORIZE SERV DIR TO NEGOTIATE & ENTER INTO SUPP AGMTS W /CITY OF NORTH CANTON & STARK COUNTY FOR CAPITAL IMPROVEMENTS ASSOCIATED W /W EST SIDE INTERCEPTOR; EMERGENCY 139/2009 31. AMEND O#193/2008, AS AMENDED; EMERGENCY (JUDGES ADMIN, CLERK OF COURTS) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, AUGUST 17, 2009 in Council Caucus @ 6:30 P.M . 1) Finance Com m ittee 2) Judiciary Com m ittee PUBLIC SPEAKS: Patricia Kirk regarding the m eeting at Church of the Savior on August 27, 2009 at 6:30 P.M. about polluting the drinkingwater. The speaker will be Malia W atkins of the Stark County Com m issioners office. M ISCELLANEOUS BUSINESS: Council Mem ber W est applauding the Mayor for the trip last Tuesday to Colum bus and visiting various departm ents. This was very inform ative to all. Also thanking Carm en W est for inviting him to visit Green Hom es in both Dayton and Cincinnati to see the green areas on the tops of hom es. President Schulm an congratulating Thom as Ream for CANTON CITY COUNCIL AGENDA - PAGE 4 - AUGUST 3, 2009 being sworn in as the new Safety Director on August 4, 2009 and wishing him the best of luck in the new role after all of his history with the city. Mem ber Casar inquiring why Clerk Tim berlake was not included or invited to an em ergency m eeting of the departm ent heads as she is a departm ent head and needs to obtain this and any inform ation for Council. He stated that she does need to be a part of any m eetings involving departm ent heads in the future. Mem ber Cirelli requesting that Clerk Tim berlake be provided with all docum entation and inform ation from this m eeting. ADJOURNM ENT: 9:13 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, AUGUST 17, 2009 @ 7:30 PM