City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM AUGUST 9, 2010 ROLL CALL: Eleven Mem bers Present M OTION TO EXCUSE M EM BERS: President Schulm an and Mem ber Sm uckler Absent INVOCATION: Mary Cirelli, Council-at-Large Mem ber PLEDGE OF ALLEGIANCE: Led by President Pro Tem David Dougherty AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#6 & O#7; 2 nd Rdg O#12 - O#22; O#6 & O#7 Adopted on 1 st Rdg; O#12, O#14 & O#19 Adopted on 2 nd Rdg; O#15 Adopted as Am ended on 2 nd Rdg; O#23 Reconsidered and Am ended; O#33 Adopted as Am ended ) PUBLIC HEARINGS: 7:30PM AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOW N AS THE RM INVESTMENTS/METRO RTA ANNEXATION AREA CONTAINING APPROXIMATELY 22.377 ACRES; ASSIGNING SAID TERRITORY TO W ARD 8 OF THE CITY; ZONING SAID TERRITORY AS OS (OPEN SPACE) AND B-4 (SPECIAL BUSINESS); AND DECLARING THE SAME TO BE AN EMERGENCY O#157/2010 7:31PM AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (3145 W TUSC - ORSO ENTERPRISES FROM B-3 GENERAL BUSINESS TO PB-4 PLANNED SPECIAL BUSINESS) O#153/2010 OLD BUSINESS: Reviewed Pending Issues from Public Speaks PUBLIC SPEAKS (CITY BUSINESS): Eric Resnick bringing good news regarding the Resolution from the spring to Keep Our Educators W orking which passed the Senate last week and will pass the House today. This is a great thing for Canton City Schools. He wanted to thank Council for the ongoing support for honoring McGregor School. Mike Verbus is an executive board m em ber for AFSCME opposing Ordinance 20, 21 and 22. The union m em bers are not being paid for additional job duties so why should m anagem ent get increased pay. All city em ployees should receive a wage increase before these new positions are added. Norm Druckenbrod was trying to exit the parade route on Saturday m orning and turned down a street that had no signs indicating it was closed however, was stopped by an officer that told him he was on a closed street and needed to turn around. W hen turning around a cruiser cam e and gave him a ticket. He feels he was treated disrespectfully as he has never had a citation in 62 years and did not even receive a call back from the Mayor’s office regarding this m atter. John Hall has the positive issue that can help the children and the city but feels that it will be very negative if a water park is not established at the Southeast Com m unity. The swim m ing pool m ay help to attract and com plim ent this business. Dick Deitrick agrees with John Hall about the need for activities for both children and adults in the city and would like to see the YMCA get back on track. He thinks the Police presence on I77 could be used in other areas for m ore im portant issues because people only go the speed lim it when they see the police there, otherwise they are doing 70 to 75 on the highway and not causing a problem . Ray Sprankle drives a truck and has been stopped on I77 a few tim es recently for overload, debris falling from vehicle, short m ud flaps, etc. The trucks from his com pany are inspected on a weekly basis and these accusations are not true and he feels they are being harassed. Kathryn Ram sey wanted to thank the person responsible for getting som e vacant houses on her street boarded up. She thinks that the lots from hom es that are dem olished should be offered to other hom e owners since she takes care of som e lots in her neighborhood. David Poole had an incident at the Blue’s Festival regarding his service dog and has never received any response back on the issue. He would like contacted about this m atter. Barb Gaskell is the General Manager for Living Bread Radio. She discussed Rita Rizzo who becam e Sister Angelica and on October 9 th and 10 th there will be a tribute to her life at the Canton Civic Center. This will be broadcast around the world on both cable TV and the radio. INFORM AL RESOLUTIONS: 44. COUNCIL-AS-A-W HOLE: COMMENDING THE EDUCATORS AND STUDENTS OF MCGREGOR ELEMENTARY SCHOOL. - ADOPTED 45. COUNCIL-AS-A-W HOLE: AMEND COUNCIL RULE #46. - ADOPTED COM M UNICATIONS: 318. AUDITOR MALLONN: CERTIFICATE OF TOTAL AMT FROM ALL SOURCES FOR 2010. - RECEIVED & FILED 319. AUDITOR MALLONN: MONTHLY RPT BY FUND FOR 7/1/10 - 7/30/10. - RECEIVED & FILED 320. AUDITOR MALLONN: YEARLY RPT BY FUND FOR 1/1/10 - 7/30/10. - RECEIVED & FILED 321. COMMUNITY DEV DIRECTOR W ILLIAMS: AMEND O#77/2010; REQ MAYOR TO AMEND AGMT W /SCOPP TO PROVIDE ADDT’L NSP FUNDS IN AMT OF $20,000.00 FOR A TOTAL OF $50,000.00 OF NSP FUNDS TO CITY’S HOUSING PROGRAMS TO BENEFIT LOT & MODERATE INCOME FAMILIES; ALSO $15,000.00 IN HOME FUNDS TO ADMINISTER THE FORECLOSURE PREVENTION PROG FOR ONE YR PERIOD RETRO 1/1/10 - 12/31/10. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 322. COMPLIANCE DIRECTOR MINOR SMITH: AUTHORIZE MAYOR OR SERV DIR TO RECV SUPP FUNDS FROM HUD OF $8,500.00 TO COVER EXPENSES FOR FOUR INDIVIDUALS TO ATTEND MANDATORY ANNUAL POLICY CONFERENCE FROM 7/19/10 - 7/23/10. - FINANCE COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - AUGUST 9, 2010 COM M UNICATIONS CONTINUED: 323. DEVELOPMENT DIRECTOR TORRES: REQ SUPP APPROP OF $8,234.59 FROM UNAPPROP 2233 506001 CANTON FEDERAL CAMPUS PROJ FUND TO 2233 506001 CANTON FEDERAL CAMPUS PROJ FUND. - COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES 324. DEVELOPMENT DIRECTOR TORRES: REQ SUPP APPROP OF $402,780.70 FROM UNAPPROP 2211 506001 COMMUNITY DEVELOPMENT FUND TO 2211 506001 COMMUNITY DEVELOPMENT - OTHER. - COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES 325. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR TO ENTER INTO CONTRACT W /CCIC TO ADMINISTER FUNDS; AUTHORIZE AUDITOR TO ESTABLISH 2816 629 ODOD FORD ROAD GRANT FUND, TO DEPOSIT FUNDS AND MAKE EXPENDITURES; REQ APPROP OF $500,000.00 FROM UNAPPROP 2816 629 ODOD FORD ROAD GRANT FUND TO 2816 629 ODOD FORD ROAD GRANT FUND. - COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES 326. HEALTH COMMISSIONER ADAMS: REQ APPROP TRANSFER OF $45,000.00 FROM 2312 STD CONTROL - OTHER TO 2312 STD CONTROL - PERSONNEL. - FINANCE COMMITTEE 327. LAW DIRECTOR MARTUCCIO: REQ APPRVL OF LEGISLATION TO APPROP TRANSFERS TO EFFECTUATE PMT OF SETTLEMENT OF PENDING LITIGATION FOR A TOTAL SUM OF $30,000.00 FOR THREE PLAINTIFFS. - FINANCE COMMITTEE 328. SAFETY DIRECTOR REAM: RECOMMENDING NO CHANGES TO THE DOW NTOW N DIAGONAL PARKING AT THIS TIME. - RECEIVED & FILED 329. SENATOR GEORGE VOINOVICH: PROVIDING HIS CONCERNS & OUTLOOKS FROM THE OIL SPILL AND CLEANUP PROCESS IN THE GULF OF MEXICO. - RECEIVED & FILED 330. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR &/OR SERV DIR TO MODIFY EXISTING CONTRACT W /ME COMPANIES FOR 12 TH ST PROJ TO COMPLETE DESIGN/ENVIRONMENTAL/RIGHT- OF-W AY/CONSTRUCTION COORDINATION PORTION OF PROJ; RECV FEDERAL TRANSPORTATION FUND IN AMT OF $743,852.00 FOR PROJ; MAKE SUPP APPROP OF $743,852.00 FROM UNAPPROP BAL 4563 THE 12 TH ST N CORRIDOR PROJ, G.P. 1098 TO 4563-202077 THE 12 TH ST N CORRIDOR PROJ, G.P. 1098; APPROP TRANSFER OF $631,741.00 OF CITY’S SHARE FROM 4506-201001 INFRASTRUCTURE BOND FUND - SERV DIR ADMIN TO 4506-202077 THE 12 TH ST N CORRIDOR PROJ, G.P. 1098; AND AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 331. SERVICE DIRECTOR PRICE: REQ TO AMEND O#23/2010 FOR TERM OF LEASE AGMT W /STARK STATE COLLEGE FROM 1 YR W ITH OPTION OF RENEW FOR ADDT’L 1 YR TO 3 YRS W ITH OPTION TO RENEW FOR ADDT’L 3 YRS. - JUDICIARY AND FINANCE COMMITTEES 332. SERVICE DIRECTOR PRICE: AUTHORIZE ODOT TO REPAIR RAFF RD BRIDGE OVER US RT 30 IN CANTON CITY LIMITS W ITH NO COST TO THE CITY. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 333. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY INS TO AMBULANCE LOCK BOX ACCTS FOR JULY 2010. - RECEIVED & FILED 334. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR JULY 2010. - RECEIVED & FILED 335. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS AS OF 7/30/10. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE SERV DIR TO CONVEY CITY-OW NED REAL PROPERTY, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORP; EMERGENCY (PARCEL #02-12064 ON REX AVE NE) Referred to Com m unity & Econom ic Developm ent Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - AUGUST 9, 2010 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 2. AUTHORIZE CANTON TO ANNEX THE TERRITORY KNOW N AS THE DELONG ANNEXATION AREA CONTAINING APPROXIMATELY 0.192 ACRES; ASSIGNING SAID TERRITORY TO W ARD 3 OF THE CITY; ZONING SAID TERRITORY AS R-1A (SINGLE FAMILY RESIDENTIAL); EMERGENCY Referred to Annexation Com m ittee PUB HRG 9/13/10 @ 7:30 P.M . 1 ST RDG 3. AMEND VARIOUS CHAPTERS OF PART ELEVEN, PLANNING AND ZONING CODE, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Judiciary Com m ittee PUB HRG 9/13/10 @ 7:31 P.M . 1 ST RDG 4. AUTHORIZE THE EDITING AND 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 5. AUTHORIZE LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS AND PUBLIC INSTITUTIONS COPIES OF THE 2010 SUPPLEMENT TO THE CANTON CODIFIED ORDINANCES; TO AFFIX PRICE FOR THE SALE OF SAME; EMERGENCY Referred to Judiciary Com m ittee (COUNCIL RECESSED AT 8:27 PM FOR COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ORDINANCE #6; RECONVENED AT 8:30 PM) 141/2010 6. DECLARE 8 BLDGS PUBLIC NUISANCES; AUTHORIZE SAF DIR TO ENTER INTO CONTRACT FOR DEMOLITION OF SAID BLDGS; AUTHORIZE CLERK OF CANTON CITY COUNCIL TO CERTIFY COSTS OF DEMOLITION TO STARK COUNTY AUDITOR; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee (COUNCIL RECESSED AT 8:30 PM FOR FINANCE COMMITTEE TO DISCUSS ORDINANCE #7; RECONVENED AT 8:33 PM) 142/2010 7. AUTHORIZE SAF DIR TO ENTER INTO A PROFESSIONAL SERV CONTRACT W /TAC COMPUTER, INC. IN AMT NOT TO EXCEED $59,875.00 FOR THE PURCHASE OF CAD/RMS/JMS/MDT/FBR SYSTEM & TO PURCHASE RELATED ADDT’L HARDW ARE, LICENSES & TRAINING IN AMT NOT TO EXCEED $90,125.00; AMEND APPROP O#1/2010; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 8. AUTHORIZE SAF DIR TO ACCEPT A FIRE DEPT TRAINING & EQUIPMENT GRANT IN AMT NOT TO EXCEED $3,950.00; AMEND APPROP O#1/2010; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 9. AUTHORIZE SAF DIR TO EXECUTE THE OPERATIONAL AGMT W /STARK CTY FOR 800 MHZ MIXED MODE TRUNKED SIMULCAST SMARTZONE RADIO SYSTEM; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 10. AUTHORIZE SERV DIR TO ENTER INTO A CHG ORDER W /ENVIRONMENTAL MGMT SERV IN AMT NOT TO EXCEED $370,675.00 FOR ADDT’L COSTS RELATED TO BISON REMEDIATION PROJ; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 11. AMEND APPROP O#1/2010, AS AMENDED; EMERGENCY (5410 SEW ER OPERATING $5,000.00) Referred to Finance Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#12 - O#22; O#12, O#14 & O#19 ADOPTED ON 2 ND RDG; O#15 ADOPTED AS AMENDED ON 2 ND RDG) 143/2010 12. ADOPTING CITY’S ALTERNATIVE TAX BUDGET FOR FY ENDING 12-31-11; EMERGENCY (FIN) 2 ND RDG 13. AMEND APPROP O#1/2010, AS AMENDED, BY MAKING $14,558.00 & $28,364.00 SUPP APPROPS; EMERGENCY (JUDGES) (FIN) 144/2010 14. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /THE CANTON NEGRO OLDTIMERS INC TO PROVIDE A GRANT IN AMT NOT TO EXCEED $19,910.00; EMERGENCY (C&ED & FIN) AM ENDED AS 145/2010 15. AMENDING APPROP O#1/2010, AS AMENDED, BY MAKING APPROP REDUCTION, VARIOUS SUPP APPROPS & APPROP TRANSFERS; EMERGENCY (FOR CITY’S CONTINUING OPERATION) (FIN) 2 ND RDG 16. AMEND APPROP O#1/2010, AS AMENDED, BY MAKING $15,000.00 SUPP APPROP; EMERGENCY (PREVENTATIVE HEALTH) (FIN) 2 ND RDG 17. AMEND APPROP O#1/2010, AS AMENDED, BY MAKING $50,500.00 APPROP TRANSFER; EMERGENCY (HEALTHY START) (FIN) 2 ND RDG 18. AUTHORIZE AUDITOR TO ESTABLISH THE 2422 THURMAN MUNSON MEMORIAL STADIUM DONATION FUND; EMERGENCY (FIN) 146/2010 19. AUTHORIZE SERV DIR TO ENTER INTO A ONE-YR SUPPORT CONTRACT W /THE JAMES GROUP IN AN AMT NOT TO EXCEED $37,747.35 FOR ONGOING SUPPORT & MAINTENANCE OF THE CITY’S ORACLE SOFTW ARE LICENSES PURSUANT TO ORC SEC 125.04; EMERGENCY (FIN) CANTON CITY COUNCIL AGENDA - PAGE 4 - AUGUST 9, 2010 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 20. AMEND EXHIBIT A TO O#164/2001, AS AMENDED, THE CLASSIFICATION PLAN & SALARIES FOR ALL MGMT & NON-BARGAINING UNIT EMPLOYEES; EMERGENCY (ENGINEERING) (PER & FIN) 2 ND RDG 21. AMEND EXHIBIT A TO O#164/2001, AS AMENDED, THE CLASSIFICATION PLAN & SALARIES FOR ALL MGMT & NON-BARGAINING UNIT EMPLOYEES; EMERGENCY (W ATER RECLAMATION FACILITY) (PER & FIN) 2 ND RDG 22. AMEND EXHIBIT A TO O#164/2001, AS AMENDED, THE CLASSIFICATION PLAN & SALARIES FOR ALL MGMT & NON-BARGAINING UNIT EMPLOYEES; EMERGENCY (W ATER CONSTRUCTION, REPAIR MAINTENANCE, SUPPLY TREATMENT DIVISION) (PER & FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: RECONSIDERED AND AM ENDED 135/2010 23. AUTHORIZE SERV DIR TO ENTER INTO SUPP AGMTS W /STARK COUNTY & CITY OF NORTH CANTON FOR W ATER RECLAMATION FACILITY PHOSPHORUS/TOTAL NITROGEN PROJ; ENTER INTO CONTRACT W /CT CONSULTANTS, INC. IN AMT NOT TO EXCEED $4,216,000.00 FOR VARIOUS ENGINEERING & CONSTRUCTION OVERSIGHT SERV; TO FILE APPLICATION & ENTER INTO CONTRACT W /OEPA FOR LOW -INTEREST DESIGN LOAN IN AMT NOT TO EXCEED $2,802,000.00; AUTHORIZE AUDITOR TO ESTABLISH 5442 W RF PHOSPHORUS/TOTAL NITROGEN PROJ FUND; AMEND APPROP O#1/2010; EMERGENCY 147/2010 24. ESTABLISH FAIR REUSE VALUE OF ONE PARCEL CITY-OW NED PROP; AUTHORIZE THE SALE & CONVEYANCE OF SAID PROP PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROG; EMERGENCY(PARCEL #02-04459, LENA BENNETT ON LOUIS IA N A A V E N W ) 148/2010 25. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /ECIVIS, INC. IN AMT NOT TO EXCEED $19,132.00 FOR THE PURCHASE OF A MASTER LICENSE & SERV AGMT TO ESTABLISH A GRANTS RESEARCH & MGMT SOLUTIONS SVC FOR LOCAL NON-PROFITS ORGANIZATIONS; EMERGENCY 149/2010 26. AMEND APPROP O#1/2010, AS AMENDED, BY MAKING THE SUPP APPROP DESCRIBED; EMERGENCY(SUMMER YOUTH TANF GRANT FUND AND YOUTH DEVELOPMENT SUMMER EMPLOYMENT - $113,409.12 AND $31,810.29) 150/2010 27. ESTABLISH FAIR REUSE VALUE OF ONE PARCEL CITY-OW NED PROP; AUTHORIZE THE SALE & CONVEYANCE OF SAID PROP PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROG; EMERGENCY (PARCEL #02-40455, CHRISTINA LONG ON 5 TH ST NW ) 151/2010 28. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /STARK COUNTY BOARD OF COMMISSIONERS FOR STREET VIEW IMAGERY SERV; EMERGENCY 152/2010 29. AUTHORIZE MAYOR TO ENTER INTO ENTERPRISE ZONE AGREEMENT W /OLD DOMINION FREIGHT LINE, INC. TO PROVIDE A REAL PROP TAX EXEMPTION; AUTHORIZE AUDITOR TO MAKE PYMTS TO CANTON LOCAL BOARD OF EDUCATION AS REQUIRED TO BE PAID PURSUANT TO SECTION 5709.82 (C) AND (D) OF REVISED CODE; EMERGENCY 153/2010 30. AMEND ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (3145 W TUSC, ORSO ENTERPRISES) PUB HRG 8/9/10 @ 7:31 P.M . 154/2010 31. AUTHORIZE SAFE DIR TO ACCEPT A GRANT FROM THE 2010 LOCAL SOLICITATION BYRNE GRANT IN AMT NOT TO EXCEED $64,946.00 FOR POLICE DEPT & ENTER INTO MEMORANDUM OF UNDERSTANDING W /STARK COUNTY COMMISSIONERS REGARDING DISTRIBUTION OF GRANT FUNDS; AUTHORIZE AUDITOR TO ESTABLISH THE 2785 2010 LOCAL SOLICITATION BYRNE GRANT FUND; EMERGENCY 155/2010 32. AUTHORIZE SERV DIR TO APPLY FOR, ENTER INTO AGMT & ACCEPT FUNDS FOR 2011 PROG YR FROM OHIO PUBLIC W ORKS COMMISSION; EMERGENCY AM ENDED AS 156/2010 33. AUTHORIZE MAYOR TO ENTER INTO A COOPERATIVE ECONOMIC DEVELOPMENT AGMT W /JACKSON TW NSHP ON PROP LOCATED IN THE RM INVESTMENTS/METRO RTA ANNEXATION AREA; EMERGENCY 157/2010 34. AUTHORIZE CANTON TO ANNEX THE TERRITORY KNOW N AS RM INVESTMENTS/METRO RTA ANNEXATION AREA CONTAINING APPROX 22.377 ACRES; ASSIGNED SAID TERRITORY TO W ARD 8 OF THE CITY; ZONING SAID TERRITORY AS OS (OPEN SPACE) AND B-4 (SPECIAL BUSINESS); EMERGENCY PUB HRG 8/9/10 @ 7:30 P.M . ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, AUGUST 23, 2010 in Council Chamber at 6:30 P.M . 1) Finance Com m ittee 2) Judiciary Com m ittee 3) Com m unity & Econom ic Developm ent Com m ittee 4) Annexation Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 5 - AUGUST 9, 2010 M ISCELLANEOUS BUSINESS: (None) ADJOURNM ENT: 9:30 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, AUGUST 23, 2010 @ 7:30 PM