City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JULY 30, 2012 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Frank Morris, W ard 9 Council Mem ber PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#10; O#10 Adopted on 1 st Rdg; add 2 nd Rdg O#11 - O#19; O#22 Adopted as Am ended; O#21 and O#26 W ithdrawn) PUBLIC HEARINGS: 7:30 P.M. 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; (EAST SIDE OF HARMONT AVE NE FROM PI-1 (LIGHT INDUSTRIAL) TO PI-2 (HEAVY INDUSTRIAL) FOR CENTRAL ALLIED ET. AL.- PLANNING COMMISSION RECOMMENDED APPROVAL OF SAME - IN W ARD 6) (6 SPEAKERS)W ITHDRAW N 7:31 P.M. AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOW N AS THE BROAD AVENUE ANNEXATION AREA CONTAINING APPROXIMATELY 0.179 ACRES; ASSIGNING SAID TERRITORY TO W ARD 1 OF THE CITY; ZONING SAID TERRITORY TO W ARD 1 OF THE CITY; ZONING SAID TERRITORY AS R-1A (SINGLE FAMILY RESIDENTIAL); AND DECLARING THE SAME TO BE AN EMERGENCY; PLANNING COMMISSION RECOMMENDED APPROVAL OF SAME - IN W ARD 1) O#111/2012 OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues from Public Speaks PUBLIC SPEAKS (CITY BUSINESS): Jam es Parker brought article from W all Street Journal regarding truck traffic from fracking. He feels that an Ordinance should be created to have drillers take out a bond to m aintain roads. Andy Black says that the Canton Board of Park Com m issioners decided unanim ously that the Com m ission should not be dissolved and that the parks would suffer. The citizens of Canton created that Board by a 3 to 1 m argin to care for the parks for future generations. Dick Drake feels that it is a bad idea to disband the Park Com m ission and that the parks are one of the city’s greatest assets. Norm a Mills urging Canton to pass the Ordinance regarding the foreclosure and vacant properties in the city because these can becom e havens for wrong doings. Jonathan Marrero discussed the property values dropping because the banks have no risk in the foreclosure process and asked all Mem bers of Council to please pass this Ordinance when it com es up for vote. Pat Kirk says the Downtown Central Neighborhood Association built the retaining walls in the Kresge lot giving free labor to the city and she feels that Council is not listening to the people who live and work around this green space by rezoning the area. Genaeya Ellis-Byrom spoke on behalf of the Kresge lot and read com m ents from a survey taken. Leroy Lynch is worried about the water around his hom e becom ing contam inated from fracking. Elizabeth Marrero says being anti-fracking does not m ean anti-jobs. She is for jobs and tells the Mayor that should would m uch rather have Canton known as the solar capital instead of the Utica capital. Doyle W aker asking Council not to m erge the Park Departm ent with the Public W orks Departm ent. He feels that in the tim e it takes this to be reconfigured, people will get am nesia. George Snow has a blighted house in his area that Code enforcem ent feels could be rehabilitated but he feels city should take it down because it is full of m ice. Suzanne Garver wants to strike a cord with everyone to change the m inds about hydrofracking. This entire practice causes harm . W ill you really sell our priceless resources to the driller. Darla Bruno wonders why the m eeting was starting with the Pledge of Allegiance because there is no liberty or justice for the people if the governm ent can’t say no to fracking. Lynn McSheeney feels that fracking puts the whole com m unity in danger. She asks Council if they will let down all of the people that voted them into office knowing all the tim es that fracking has failed. Casey Fay spoke about her brother, the geologist and how when the shale is disturbed, sink holes can be created allowing cracks to taint the water system underground and harm ing the wildlife, the agriculture and the children. This is not a solution to the city’s bleakness. Tara Nelson asked the Mayor to please retract the statem ent of Canton being the Utica capital and asked that we get back the Hall of Fam e city. Renee Bogue states that Nationwide Insurance has sent internal m em os saying that they will not cover claim s from problem s caused by gas and oil drilling. The job projections from these projects do not include the jobs lost from tourism , agriculture, etc. Colleen Unroe says that everyone in the country is trying to figure out about the job situation and fracking is not the answer. C. David Morgan talks about the citizens expectations of how Council will protect them even from com panies com ing to town to drill. He feels that the people have elected Council and the adm inistration to be the legislators and speak on behalf of the people so, they should be the ones approaching the State Assem bly to m ake them accountable for the dam age being done by drilling. Kristine Vaughan asks for support and yes votes on the foreclosure Ordinances to m ake banks accountable. She feels that som e of the vacant lots in the city should becom e com m unity gardens because this unites people and provides healthy foods for som e that m ay not otherwise get it. There is an abundance of grants available for these projects. INFORM AL RESOLUTIONS: None COM M UNICATIONS: 280. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP & AUTHORIZE DISPOSITION OF SAID PROP LOCATED ON 4 TH ST NE FOR FREDERICK L JR & HILDA BERNICE POORE (PARCEL #02-00349, LOT #26974). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 281. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP & AUTHORIZE DISPOSITION OF SAID PROP LOCATED ON 3 RD ST NE FOR PERRY & MARTHA A MILES (PARCEL #02-00913, LOT #1091). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 282. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP & AUTHORIZE DISPOSITION OF SAID PROP LOCATED ON W ELLS AVE NW FOR JACK & PAULA J MCCOURY (PARCEL #02-24170, LOT #3009). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 283. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP & AUTHORIZE DISPOSITION OF SAID PROP LOCATED ON RAYNOLDS PL SW FOR KATHRYN VANDEBOGART (PARCEL #02-12182, PT LOT #641). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - JULY 30, 2012 COM M UNICATIONS CONTINUED: 284. COMM DEV DIRECTOR MILLER: AUTHORIZE MAYOR AND/OR SERV DIR TO ESTABLISH HOUSING REHAB PROG UTILIZING HOME PROG FUNDS IN AMT NOT TO EXCEED $360,000.00 (INCREASE FROM PREVIOUSLY APPRVD $240,000.00); PERMIT CONTRACTS TO BE AW ARDED TO LOW AND MODERATE INCOME APPLICANTS THAT MEET HOME REQUIREMENTS; MAXIMUM GRANT OF $40,000.00 TO EACH HOMEOW NER, 9 HOMES IN PROJECT. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 285. COMM DEV DIRECTOR MILLER: AUTHORIZE MAYOR AND/OR SERV DIR TO INCREASE AMT OF CONTRACT W ITH HABITAT FOR HUMANITY FROM $480,000.00 TO $500,000.00 FOR CONSTRUCTION OF 7 HOMES FOR LOW TO MODERATE INCOME FAMILIES. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 286. COMM DEV DIRECTOR MILLER: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT W ITH AREA AGENCY ON AGING IN AMT NOT TO EXCEED $30,000.00 TO PURCHASE FARMER’S MARKET FOOD VOUCHERS FOR LOW TO MODERATE INCOME CANTON SENIORS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 287. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF D5 PERMIT FROM TUSCORA REALTY CO LLC & BSMT & ROOF TOP PATIO TO TUSCORA REALTY CO LLC @ 520 CLEVELAND AVE NW . - RECEIVED & FILED 288. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF D2 D2X AND D3 PERMIT FROM KD CLUB MGMT INC DBA THE SPOT TO DG HOLDING & MANAGEMENT CO INC DBA THE SPOT @ 2600 8 TH ST NE & PATIO. - RECEIVED & FILED 289. SAFETY DIRECTOR REAM: AUTHORIZE SAFE DIR TO RECEIVE & APPROP EMS GRANT FUNDS IN AMT OF $2,500.00. - FINANCE COMMITTEE 290. SERVICE DIRECTOR PRICE: AUTHORIZE SERV DIR TO ACT ON BEHALF OF THE CITY FOR NECESSARY PURCHASE ORDERS ASSOCIATED W ITH ALL ASPECTS OF IMPROVEMENTS AT BUP REARICK PARK NOT TO EXCEED $20,000.00 PER VENDOR. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 291. SERVICE DIRECTOR PRICE: RATIFY CONTRACT OF AFSCME LOCAL 2937 W ITH CITY OF CANTON EFFECTIVE 1/1/12 THROUGH 12/31/13. - FINANCE AND PERSONNEL COMMITTEES 292. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 6/30/12. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND PART THIRTEEN - BUILDING CODE OF CODIFIED ORDINANCES OF THE CITY OF CANTON BY THE ADDITION OF CHAPTER 1353; FORECLOSED PROP & BLDGS Referred to Judiciary Com m ittee 1 ST RDG 2. AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT W ITH YOUNG MEN’S CHRISTIAN ASSOCIATION (YMCA) FOR AMT NOT TO EXCEED $50,000.00 FOR OVERALL MGMT & SUPERVISION OF FACILITY AND PROGRAMMING AT EDW ARD “PEEL” COLEMAN CENTER; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 3. AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO JOB CREATION TAX INCENTIVE AND NET PROFITS INCENTIVE AGMTS W ITH GENERAL ELECTRIC OIL & GAS COMPANY; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 4. AMEND APPROP O#220/2011; EMERGENCY ($65,000.00 - POLICE ADMIN) Referred to Finance Com m ittee 1 ST RDG 5. AMEND PART THIRTEEN - BUILDING CODE OF CODIFIED ORDINANCES Referred to Judiciary Com m ittee 1 ST RDG 6. AUTHORIZE SERV DIR TO ENTER INTO $130,000.00 CONTRACT MODIFICATION #1 W ITH ARCADIS US, INC FOR NEXT PHASE OF SEW ER MAPPING & MODELING PROJ, GP 1130; AMEND APPROP O#220/2011; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 7. AUTHORIZE MAYOR AND/OR SERV DIR TO APPLY FOR, ENTER INTO AGMT & ACCEPT FUNDS FOR 2013 PROG YEAR FROM OHIO PUBLIC W ORKS COMMISSION; EMERGENCY Referred to Finance Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - JULY 30, 2012 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 8. AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE CHANGE ORDER #2 W ITH ABBOTT ELECTRIC, INC IN AMT NOT TO EXCEED $37,402.83 FOR LIGHTING RETROFIT CONTRACT, GP 1134; AMEND APPROP O#220/2011; AUTHORIZE MAYOR AND/OR SERV DIR TO APPLY FOR & TAKE RECEIPT OF AEP ENERGY EFFICIENCY GRANTS; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 9. AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & EXECUTE A CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF PICNIC SHELTER AS PART OF THE FAIRHOPE NATURE PRESERVE, GP 1128; REC LW CF FUNDS (TRAC) IN AMT OF $39,200.00 FOR PROJ; AMEND APPROP O#220/2011; AUTHORIZE CITY ENGINEER TO GENERAL CONTRACT THE DEVELOPMENT OF TRAILS, PARKING AREAS & PARK FACILITIES; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee (COUNCIL RECESSED AT 8:47 P.M. FOR THE FINANCE AND PERSONNEL COMMITTEES TO DISCUSS ORDINANCE #10; RECONVENED AT 9:23 P.M.) 105/2012 10. APPROVE TW O-YEAR COLLECTIVE BARGAINING AGMT BETW EEN THE CITY OF CANTON AND AFSCME LOCAL 2937/OHIO COUNCIL 8; EMERGENCY Referred to Finance and Personnel Com m ittees ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#11 - O#19) 2 ND RDG 11. RETAINED IN CM TE FR: 7/16/12 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 12. 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 (FIN) 2 ND RDG 13. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO JOB CREATION TAX INCENTIVE AGMT W /CASE FARMS PROCESSING INC & CASE FARMS LLC; EMERGENCY (C&ED) 2 ND RDG 14. ADOPTING CITY’S ALTERNATIVE TAX BUDGET FOR FISCAL YR ENDING 12/31/13; EMERGENCY(FIN) 2 ND RDG 15. AUTHORIZE SERV DIR TO PURCHASE 14 EASEMENTS IN CONJUNCTION W /HARTVILLE/LAKE TOW NSHIP W ATER MAIN EXTENSION PROJ; EMERGENCY (E&PU) 2 ND RDG 16. AUTHORIZE SERV DIR TO ENTER INTO AGMT W /ONE COMMUNITY TO CONSTRUCT FIBER OPTIC COMMUNICATION LINES W ITHIN CITY; EMERGENCY (FIN) 2 ND RDG 17. 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 (FIN) 2 ND RDG 18. 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 (PPCI) 2 ND RDG 19. 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 (E&PU) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 106/2012 20. POSTPONED FR: 6/18/12 AND 7/16/12 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 W ITH DRAW N 21. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS AND ENTER INTO A LEASE AGMT(S) FOR MINERAL RIGHTS ON SELECTED CITY OW NED PROPERTIES AS AM ENDED 107/2012 22. AMEND SECTION 181.14, ALLOCATION OF FUNDS, OF CODIFIED ORDINANCES (STREET LIGHT UTILITY PAYMENTS) 108/2012 23. 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 109/2012 24. APPROVAL & ACCEPT THE REPLATTING OF LOTS 22, 23 AND 24; EMERGENCY (MARKET SQUARE @ 300 N MARKET FOR CITY OF CANTON) CANTON CITY COUNCIL AGENDA - PAGE 4 - JULY 30, 2012 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: 110/2012 25. APPROVAL & ACCEPT THE REPLATTING OF LOT 42554; EMERGENCY (34 TH AND MORRIS NE FOR DON MOORE) W ITH DRAW N 26. 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) PUB HRG 7/30/12 @ 7:30 P.M . 111/2012 27. 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 ) PUB HRG 7/30/12 @ 7:31 P.M . 112/2012 28. 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 113/2012 29. 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) 114/2012 30. 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) 115/2012 31. AUTHORIZE & CONSENT TO RESURFACING OF HARRISON AVENUE (CR254) FROM SLM 9.41 TO SLM 9.57 W ITHIN THE CITY OF CANTON; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, AUGUST 13, 2012 in Council Caucus Room at 6:30 P.M . 1) Finance Com m ittee 2) Public Property Capital Im provem ent Com m ittee 3) Com m unity & Econom ic Developm ent Com m ittee 4) Judiciary Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Hawk thanking all for the condolences received during his recent loss. Law Director Martuccio telling the Service Director that if he would like to bring Reese’s for all to the next m eeting, he would reim burse him . Safety Director Ream stating that all city services are prepared for the upcom ing Hall of Fam e events. ADJOURNM ENT: 10:08 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, AUGUST 13, 2012 @ 7:30 PM