City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JULY 16, 2012 ROLL CALL: Ten Mem bers Present M OTION TO EXCUSE M EM BERS: Mem ber Cole and Mem ber Sm ith Absent INVOCATION: Edm ond Mack, W ard 8 Council Mem ber PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#9 - O#15 and O#17 - O#20; O#16 Retained in Com m ittee; O#21 (O#99/2012) Reconsidered and Am ended; O#22 Postponed until 7/30/12) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Leland Pettis, David Kam inski, Mike Chadsey, Tara Nelson, Skyler Lewis, Eric Boardm an, Renee Bogue, Donna Carver, Lynn McSheeny, Jim Huebner, Ashley Covey, Bill Baker, Kristine Vaughan, Eric Vaughan, Colleen Unroe, Nancy Esway, Francesca Alguire, Jonathan Marrero, Pete DiGiacom o, John Stone, Shawn Bennett, Rose Hayne and Martin Zawacky re: Discussed Fracking; Patricia Kirk re: Discussed Ordinance #12 regarding Market Square; Carol Briney re: Expressed her gratitude to Mem bers W est and Mariol and introduced her group from the Re-entry Bridge Network; David Poston re: Asked for lights to be fixed at overpass on 6 th St SW and 9 th St SW and requested lighting at Veteran’s Park; Pete DiGiacom o re: Shared his idea of how to bring in revenue by writing m ore speeding tickets; John Stone re: Stated that he feels that Canton needs a new im age; Martin Zawacky re: Thought the 4 th July event was great. INFORM AL RESOLUTIONS: 51. COUNCIL-AS-A-W HOLE: COMMENDING AND CONGRATULATING CANTON MARATHON LLC FOR THE SUCCESS OF THE INAUGURAL RACE AND THE BENEFIT TO THIS COMMUNITY. - ADOPTED 52. COUNCIL-AS-A-W HOLE: COMMENDING ALL THOSE INVOLVED IN THE ULSTER PROJECT. - ADOPTED COM M UNICATIONS: 261. AUDITOR MALLONN: YEARLY RPT BY FUND 1/1/12 - 6/29/12. - RECEIVED & FILED 262. AUDITOR MALLONN: MONTHLY RPT BY FUND 6/1/12 - 6/29/12. - RECEIVED & FILED 263. CONANT, DAVID, APPLICANT: ZONE CHANGE APPLICATION FOR 1836 8 TH ST NE FROM B-3 TO PCS FOR CHURCH SERVICE. - PLANNING COMMISSION 264. DEPARTMENT OF COMMERCE: NOTIFYING OF CORRECT ADDRESS FOR MICHAEL NASVADI DBA BUZZBIN OF 337 CLEVELAND AVE NW . - RECEIVED & FILED 265. DEVELOPMENT DIRECTOR W ILLIAMS: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /THE YMCA IN AMT NOT TO EXCEED $50,000.00 FOR OVERALL MNGMT & SUPERVISION OF THE FACILITY & PROGRAMMING @ EDW ARD “PEEL” COLEMAN COMM CENTER, RETRO TO 1/1/12 - 12/31/12. - FINANCE COMMITTEE 266. DEVELOPMENT DIRECTOR W ILLIAMS: AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO AN ECONOMIC GROW TH INITIATIVE AGMT W /GENERAL ELECTRIC OIL & GAS PROVIDING JOB CREATION & NET PROFIT TAX INCENTIVES IF THE COMPANY LOCATES IN CANTON, AS AUTHORIZED BY CITY UNDER O#70/2012. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 267. FINANCE DIRECTOR DIRUZZA: AMEND APPROP O#220/2011 W ITH $65,000.00 APPROP TRANSFER TO CONTINUE TO PAY OVERTIME EXPENSES FROM FEDERAL FORFEITURE FUND. - FINANCE COMMITTEE 268. FISHER, K, W ARD 5 CNCLMBR: REQ LEGISLATION CREATING LOCAL CONSTRUCTION & PREVAILING W AGE REQUIREMENTS ON ALL ECONOMIC DEV SUBSIDY & INCENTIVE AGMTS & CONTRACTS; AN ONLINE REPORTING PROG TO ALLOW EASY ACCESS FOR CITIZENS TO MONITOR EFFECTIVENESS OF CITY’S ECONOMIC DEV EFFORTS; REQUIRE DEV DIRECTOR TO PRODUCE & PROVIDE AN ANNUAL “ECONOMIC REPORT CARD” EACH YEAR NO LATER THAN 4/1/13. - COMMUNITY & ECONOMIC DEVELOPMENT & JUDICIARY COMMITTEES 269. LIQUOR CONTROL DIVISION (OHIO): REQ FOR C2 C2X LIQ PERMIT TRANSFER FROM NICK SAMAD DBA FOODLINE MARKET TO CLASSIC DRIVE THRU INC DBA FOODLINE MARKET @ 1415 ALBERT AVE SE 1 ST FL. - RECEIVED & FILED 270. MAYOR HEALY: ADVISING OF RE-APPT OF REV. ACE GILLEMS TO MAYOR’S COMMUNITY RELATIONS COMMISSION COMMENCING RETRO ON 7/1/12 - 6/30/14. - RECEIVED & FILED 271. MAYOR HEALY: ADVISING OF RE-APPT OF DIANE W ISSUCHEK TO MAYOR’S COMMUNITY RELATIONS COMMISSION COMMENCING RETRO ON 7/1/12 - 6/30/14. - RECEIVED & FILED CANTON CITY COUNCIL AGENDA - PAGE 2 - JULY 16, 2012 COM M UNICATIONS CONTINUED: 272. SAFETY DIRECTOR REAM: AMEND VARIOUS CHAPTERS UNDER BLDG CODE & THE REPEAL OF CHAPTER 1307, REGISTRATION OF VACANT BLDGS. - JUDICIARY COMMITTEE 273. SERVICE DIRECTOR PRICE: AUTHORIZE TO ENTER INTO CONTRACT MODIFICATION #1 FOR PROF SVCS CONTRACT W /ARCADIS US INC FOR DEVELOPMENT OF COMPUTERIZED MAPPING SYSTEM OF CITY’S SANITARY SEW ER. THE MODIFICATION COST IS $130,000.00 & W ILL BE PAID FOR W /SANITARY SEW ER FUNDS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 274. SERVICE DIRECTOR PRICE: REQ LEGISLATION FOR MAYOR &/OR SERV DIR TO APPLY FOR, ENTER INTO AGMT FOR, & REC OPW C FUNDS FOR 2013 PROGRAM YEAR FOR VARIOUS CITY PROJECTS. - FINANCE COMMITTEE 275. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR &/OR SERV DIR TO EXECUTE $37,402.83 CHANGE ORDER #2 FOR ABBOTT ELECTRIC LIGHTING RETROFIT CONTRACT, GP 1134 CONTRACT NO. 2011-25; AUTHORIZE $42,033.66 SUPP APPROP; AUTHORIZE MAYOR &/OR SERV DIR TO APPLY FOR & TAKE RECEIPT OF AEP ENERGY EFFICIENCY GRANTS; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY PROPER DEPT AUTHORITY. - FINANCE COMMITTEE 276. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & EXECUTE CONSTRUCTION CONTRACT FOR FAIRHOPE NATURE PRESERVE, GP 1128 SHELTER CONSTRUCTION; AUTHORIZE TO REC LW CF FUNDS (TRAC) IN AMT OF $39,200.00 FOR THIS PROJ THRU ODNR TO HELP FUND THIS PROJ; MAKE $55,000.00 APPROP TRANSFER; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY PROPER DEPT AUTHORITY. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 277. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY INS FOR AMBULANCE LOCK BOX ACCT FOR JUNE 2012. - RECEIVED & FILED 278. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR JUNE 2012. - RECEIVED & FILED 279. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING INVESTMENTS AS OF 6/29/12. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. REPEALING THE INITIATED ORDINANCE ADOPTED BY THE ELECTORS OF CITY IN 1920 ESTABLISHING THE BOARD OF PARK COMMISSIONERS & DISSOLVING SAID BOARD; REPEALING SECTION 539.15, PARK POLICE, OF CHAPTER 530, PARKS & PLAYGROUNDS, OF CODIFIED ORDINANCES Referred to Finance Com m ittee 1 ST RDG 2. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO JOB CREATION TAX INCENTIVE AGMT W /CASE FARMS PROCESSING INC & CASE FARMS LLC; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 3. ADOPTING CITY’S ALTERNATIVE TAX BUDGET FOR FISCAL YR ENDING 12/31/13; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 4. AUTHORIZE SERV DIR TO PURCHASE 14 EASEMENTS IN CONJUNCTION W /HARTVILLE/LAKE TOW NSHIP W ATER MAIN EXTENSION PROJ; EMERGENCY Referred to Environm ental & Public Utilities Com m ittee 1 ST RDG 5. AUTHORIZE SERV DIR TO ENTER INTO AGMT W /ONE COMMUNITY TO CONSTRUCT FIBER OPTIC COMMUNICATION LINES W ITHIN CITY; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 6. AUTHORIZE MAYOR &/OR SERV DIR TO EXECUTE FINAL CHANGE ORDER (#2) FOR 2011 CITY PAVING CONTRACT NO. 2011-50 GP 1162 W /CENTRAL ALLIED ENTERPRISES IN AMT OF $15,000.00; AUTHORIZE AUDITOR TO PAY $15,000.00 TO CENTRAL ALLIED ENTERPRISES; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 7. AUTHORIZE SERV DIR TO ENTER INTO CONSULTANT CONTRACT W /GLAUS, PYLE, SCHOMER, BURNS & DEHAVEN INC FOR ENGINEERING SVCS RELATED TO MAHONING RD CORRIDOR (MAPLE TO GRACE) GP 1103; APPLY FOR & REC GRANTS PERTAINING TO PROJ; AUTHORIZE AUDITOR TO ESTABLISH 4566 MAHONING RD CORRIDOR PROJ GP 1103 FUND; AMEND APPROP O#220/2011; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - JULY 16, 2012 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 8. AUTHORIZE SERV DIR TO EXECUTE STORM SEW ER EASEMENT AGMT W /DEVILLE DEVELOPMENTS TO REALIGN AN EXISTING STORM SEW ER OW NED BY CITY; EMERGENCY Referred to Environm ental & Public Utilities Com m ittee ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#9 - O#20) 2 ND RDG 9. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS AND ENTER INTO A LEASE AGMT(S) FOR MINERAL RIGHTS ON SELECTED CITY OW NED PROPERTIES (FIN) 2 ND RDG 10. AMEND SECTION 181.14, ALLOCATION OF FUNDS, OF CODIFIED ORDINANCES (STREET LIGHT UTILITY PAYMENTS) (FIN) 2 ND RDG 11. AMEND SECTION 181.05, RETURN AND PAYMENT OF TAX; REFUND, AND SECTION 181.15, CREDIT FOR TAX PAID TO OTHER MUNICIPALITY AND JOINT ECONOMIC DEVELOPMENT DISTRICT, OF CODIFIED ORDINANCES (FIN) 2 ND RDG 12. APPROVAL & ACCEPT THE REPLATTING OF LOTS 22, 23 AND 24; EMERGENCY (MARKET SQUARE @ 300 N MARKET FOR CITY OF CANTON) (PS&T) 2 ND RDG 13. APPROVAL & ACCEPT THE REPLATTING OF LOT 42554; EMERGENCY (34 TH AND MORRIS NE FOR DON MOORE) (PS&T) 2 ND RDG 14. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (PARCELS 306138, 305896, 10002406 AND 305898 FOR CENTRAL ALLIED ON HARMONT NE) (JUD) PUB HRG 7/30/12 @ 7:30 P.M . 2 ND RDG 15. AUTHORIZE CANTON TO ANNEX THE TERRITORY KNOW N AS THE BROAD AVENUE ANNEXATION AREA CONTAINING APPROX .179 ACRES; ASSIGNING SAID TERRITORY TO W ARD 1 AND ZONING AS R-1A (SINGLE FAMILY RESIDENTIAL); EMERGENCY (1315 BROAD AVE NW ) (ANNEX) PUB HRG 7/30/12 @ 7:31 P.M . RETAINED IN CM TE 16. AUTHORIZE SERV DIR TO ENTER INTO 1 YR SUPPORT CONTRACT W ITH THE JAMES GROUP IN AMT NOT TO EXCEED $38,139.20 FOR ONGOING SUPPORT & MAINTENANCE OF CITY’S ORACLE SOFTW ARE LICENSES PURSUANT TO O.R.C. SECTION 125.04; EMERGENCY (FIN) 2 ND RDG 17. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT IN AMT NOT TO EXCEED $200,000.00 FOR EVALUATION OF LARGE & CRITICAL W ATER VALVES AS PART OF THE W ATER DEPT’S VALVE MAINTENANCE PROG & GEOGRAPHICAL INFORMATION SYSTEM (GIS) MAPPING PROG; AMEND APPROP O#220/2011; EMERGENCY (PPCI) 2 ND RDG 18. AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & ENTER INTO A CONSTRUCTION CONTRACT FOR CONSTRUCTION OF 38 TH ST NW & GUILFORD AVE INTERSECTION IMPROVEMENT PROJ, GP 1175; AMEND APPROP O#220/2011; EMERGENCY ($70,000.00) (PPCI) 2 ND RDG 19. AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & ENTER INTO A CONSTRUCTION CONTRACT FOR CONSTRUCTION OF 16 TH STREET NW ROADW AY PROJ, GP 1176; AMEND APPROP O#220/2011; EMERGENCY ($225, 000.00) (PPCI) 2 ND RDG 20. AUTHORIZE & CONSENT TO RESURFACING OF HARRISON AVENUE (CR254) FROM SLM 9.41 TO SLM 9.57 W ITHIN CITY OF CANTON; EMERGENCY (PS&T) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: RECONSIDERED & AM ENDED 99/2012 21. AMEND APPROP O#220/2011, AS AMENDED, BY MAKING $7,917.47 INTERFUND TRANSFER FROM UNAPPROP BAL OF 5216 207001 NORW OOD HILLS FUND TO UNAPPROP BAL OF 5201 207001 W ATER FUND; EMERGENCY POSTPONED TO 7/30/12 22. AUTHORIZE LAW DIR TO ENTER INTO CONTRACT W /N & T RAILROAD, REPUBLIC STEEL IN AMT OF $1,672.00 TO PROVIDE PROSECUTORIAL SVCS RETRO TO 5/1/12 EFFECTIVE THROUGH 12/31/12; EMERGENCY 100/2012 23. DECLARE IMPROVEMENT OF CERTAIN REAL PROP LOCATED IN CITY OF CANTON TO BE A PUBLIC PURPOSE; DECLARE A PORTION OF SUCH PROP TO BE EXEMPT FROM REAL PROP TAXATION; COMPENSATE THE SCHOOL DISTRICT FOR REVENUE NOT REALIZED; DESIGNATE INFRASTRUCTURE IMPROVEMENTS TO BE MADE THAT W ILL BENEFIT SUCH PROP; REQUIRE ANNUAL SERV PYMTS IN LIEU OF TAXES; ESTABLISH A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND; EMERGENCY (W EST TUSC FROM W HIPPLE TO 3 RD ST) 101/2012 24. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO A COOP DEVELOPMENT AGMT W ITH D’AMICO SENIOR HEALTH CARE FOR DEVELOPMENT OF 3332 - 13 TH ST NW ; EMERGENCY 102/2012 25. ADOPT DEPARTMENT OF DEVELOPMENT’S CITIZEN PARTICIPATION PLAN; EMERGENCY 103/2012 26. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W ITH GERMAIN FORD FOR PURCHASE OF ONE 2012 OR 2013 FORD F-250, W ITH APPLICABLE OPTIONS AND TW O 2012 OR 2013 FORD F-450 CAB AND CHASSIS, W ITH APPLICABLE OPTIONS, IN AMT NOT TO EXCEED $100,000.00 PURSUANT TO O.R.C. SECTION 125.04; EMERGENCY (COLLECTIONS SYSTEMS) CANTON CITY COUNCIL AGENDA - PAGE 4 - JULY 16, 2012 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: 104/2012 27. AUTHORIZE SERV DIR TO ENTER INTO A CONTRACT AMENDMENT W ITH M-E COMPANIES FOR ADDITIONAL AMT NOT TO EXCEED $35,900.00 FOR ENGINEERING SERV DURING BIDDING & OVERSIGHT SERV DURING CONSTRUCTION OF PHASE II OF W ATER MAIN EXTENSION INTO THE VILLAGE OF HARTVILLE; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, JULY 30, 2012 in Council Caucus Room at 6:00 P.M . 1) Finance Com m ittee 2) Environm ental & Public Utilities Com m ittee 3) Public Property Capital Im provem ent Com m ittee 4) Com m unity & Econom ic Developm ent Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Fisher re: Updated Council to the fact that Officer Tim Marks is back on the job; Mem ber W est re: Thanked Mem bers Mariol and Cirelli for their participation in speaking to the Re-Entry Bridge Network group. Thanked the Council Staff for their hard work with the contest for nam ing Market Square. Also relayed that over 160 people participated in the W alk of Fam e; Mem ber Cirelli re: Asked why the water/sewer bills go together when the water that is used doesn’t always go down the sewer; Director Price re: Advised that he will look into that; Mem ber Hawk re: Thanked everyone for their cooperation and support with the 4 th of July event in the park; Mayor Healy re: Congratulated Mem ber Hawk and everyone that was involved in the Concert in the Park. Addressed Pete DiGiacom o’s com m ents regarding the speeding tickets. Lastly, thanked the people who spoke in Public Speaks regarding m ineral rights and advised them of the presentation that took place in Com m ittee. ADJOURNM ENT: 9:58 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JULY 30, 2012 @ 7:30 PM