City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JULY 1, 2013 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Jam es Griffin, W ard 3 Council Mem ber PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#12 & O#13 & 2 nd Rdg O#14, O#16 &O#17; O#12 & O#13 Adopted on 1 st Rdg; O#15 Retained in Com m ittee; O#19 (108/2013) Reconsidered and Am ended; O#20 & O#21 Postponed Indefinitely) PUBLIC HEARINGS: 7:30 PM 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 (RICHARD AND SHARON MEDLA - 133 HARRISON AVE SW FROM R-1A (SINGLE FAMILY RESIDENTIAL) TO PR-3 (PLANNED GENERAL BUSINESS) IN W ARD 5 - PLANNING COMMISSION RECOMMENDED APPROVAL) O#112/2013 (4 Speakers) 7:31 PM 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 (LUBOV INC - 127/129 HARRISON AVE SW ) FROM R-1A (SINGLE FAMILY RESIDENTIAL) TO PR-3 (PLANNED GENERAL BUSINESS) IN W ARD 5 - PLANNING COMMISSION RECOMMENDED APPROVAL) O#113/2013 7:32 PM 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 (LRC-A TUSC PROPERTIES LLC) FROM R-1A (SINGLE FAMILY RESIDENTIAL) TO PR-3 (PLANNED GENERAL BUSINESS) IN W ARD 5 - PLANNING COMMISSION RECOMMENDED APPROVAL) O#114/2013 7:33 PM AN ORDINANCE VACATING PORTIONS OF DRYDEN AVENUE SW AND GROVE PLACE SW ; APPROVING AND ACCEPTING THE DEDICATION OF PARTS OF LOTS 9747 AND 9748 FOR STREET PURPOSES; AND DECLARING THE SAME TO BE AN EMERGENCY; THE PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE SAME IN W ARD 5. O#115/2013 OLD BUSINESS (PUBLIC SPEAKS): Reviewed pending issues from Public Speaks PUBLIC SPEAKS (CITY BUSINESS): John Kerestes, Carissa Kerestes, Janice Ham ilton, John Honabarger, Douglas Vickers and Nicole Vickers re: Discussed problem s with speeding, loud m usic and other problem s on Trinity Place NW ; David Morgan re: Thanked the City and em ployees for the Beautify Neighborhood Program (BAN); Vicki Boatright re: Expressed her dism ay with the Sanitation workers not picking up her garbage; Bruce Nordm an re: Expressed his gratitude to the Police and Fire Departm ents and City workers for their assistance after the storm last week. Also asked for volunteers for the 4 th of July event at the McKinley Monum ent. INFORM AL RESOLUTIONS: 35. PERSONNEL COMMITTEE: CONFIRM RE-APPT OF ROBERT THOMPSON TO FAIR EMPLOYMENT PRACTICES BD RETRO FROM 3/1/13 TO 2/28/16. - ADOPTED COM M UNICATIONS: 263. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERTIFICATE DATED 6/12/13. - RECEIVED & FILED 264. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERTIFICATE DATED 6/13/13. - RECEIVED & FILED 265. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF REAL PROP AND AUTHORIZE DISPOSITION OF SAID PROP LOCATED ON 3 RD ST NE (PARCEL #02-22450, PT LOT #310 TO TOMMIE L. BREW ER). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 266. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF REAL PROP AND AUTHORIZE DISPOSITION OF SAID PROP LOCATED ON 5 TH ST SW (PARCEL #02-33013, PT LOT #962 TO JOYCE ANN POST). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 267. COUNCIL MEMBERS W EST & SMITH: REQ INFORMAL RESOLUTION TO DECLARE 2 ND ST SW BETW EEN HIGH AVE SW & CHERRY AVE SE TO BE DESIGNATED AS “RALPH HAY W AY”. - RECEIVED & FILED 268. COURT ADMINISTRATOR KOCHERA: AUTHORIZE MAYOR TO ENTER INTO AGMT W /STATE OF OHIO, DEPT OF REHAB & CORRECTION (ODR&C) FOR RECEIPT OF FY 2014 COMMUNITY CORRECTIONS ACT (CCA) GRANT IN THE AMT OF $170,601.00 FOR PERIOD OF 7/1/13 - 6/30/14. - FINANCE COMMITTEE 269. DEPT OF COMMERCE: REQ TO CANCEL LIQ APPLICATION FOR BADRIYA INC DBA FULTON DRIVE THRU @ 1133 FULTON DRIVE NW , UNIT 2, 1 ST FLOOR ONLY. - RECEIVED & FILED CANTON CITY COUNCIL AGENDA - PAGE 2 - JULY 1, 2013 COM M UNICATIONS CONTINUED: 270. FINANCE DIRECTOR DIRUZZA: REQ TO AMEND O#209/2012 BY MAKING $12.86 FROM UNAPPROP BAL 2774 BYRNE MEMORIAL JUSTICE ASSIST GRANT 09 TO 2774 102009 POLICE - 2009 STIMULUS OTHER IN ORDER TO SPEND REMAINING BAL OF THIS FUND. - FINANCE COMMITTEE 271. FINANCE DIRECTOR DIRUZZA: REQ ADOPTION OF ALTERNATIVE TAX BUDGET FOR CITY FOR FISCAL YEAR ENDING 12/31/14. - FINANCE COMMITTEE 272. HEALTH COMMISSIONER ADAMS: RECEIPT OF STARK COUNTY PUBLIC HEALTH STUDY COMMISSION - PHASE ONE ANALYSIS. - RECEIVED & FILED 273. LIQUOR DIVISION CONTROL (OHIO): REQ D2 D2X D3 D3A LIQ TRANSFER TO HOOCHS PUB LLC FROM L SPARKYS INC DBA SPARKYS @ 1533 CLEVELAND AV SW . - RECEIVED & FILED 274. LIQUOR DIVISION CONTROL (OHIO): REQ D5 LIQ TRANSFER TO GRAPES IN A GLASS LLC @ 575 MARKET AV N FROM W ESMAC LLC DBA PRIMOS & PATIO @ 216 4 TH ST NW . - RECEIVED & FILED 275. PARK DIRECTOR GORDON: REQ TO PAY MORAL OB IN AMT OF $2,400.00 FOR AN EMERGENCY REPLACEMENT OF A HEATING & COOLING UNIT ON 6/24/13 & GARAUX PARK SHELTER. - PUBLIC PROPERTY CAPITAL IMPROVEMENT & PARKS & RECREATION COMMITTEES 276. SAFETY DIRECTOR PRICE: REQ TO APPROP $31,268.05 INTO FUND 4502 (TO BE USED FOR 5 MOBILE DATA TERMINALS FOR INSIDE CRUISERS & REFURBISH 6 CRUISERS TO BE USED AS DETECTIVE BUREAU CARS). - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 277. SAFETY DIRECTOR PRICE: REQ APPROVAL OF DEMO OF 9 PROPERTIES ON BEHALF OF CANTON BLDG DEPT. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 278. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS FILED AS OF 5/31/13. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND SECS 723.01, 723.05 & 723.15 OF CHAPTER 723, AMUSEMENT & MUSICAL DEVICES, OF CODIFIED ORDINANCES OF CITY; EMERGENCY Referred to Judiciary Com m ittee 1 ST RDG 2. AMEND SEC 2 OF O#61/2012 (CANTON MERCHANDISING/PROMO PROGRAM) Referred to Judiciary Com m ittee 1 ST RDG 3. DETERMINE NECESSITY TO PROCEED W /IMPLEMENTATION OF PUBLIC SERVICE PLAN ADOPTED BY DOW NTOW N CANTON SPECIAL IMPROVEMENT DISTRICT; DECLARE NECESSITY TO PROCEED W /SPECIAL ASSESSMENT FOR THE FUNDING OF SAID PLAN FOR THE PERIOD OF 4 YEARS; EMERGENCY Referred to Judiciary Com m ittee 1 ST RDG 4. AMEND O#209/2012; EMERGENCY ($12,500.00 FROM UNAPPROP BAL OF THE 1105 POLICE SETTLEMENT FUND TO 1105 753001 LAW DEPARTMENT - OTHER) Referred to Finance Com m ittee 1 ST RDG 5. AMEND RE#21/2013; EMERGENCY (PARK LEVY - CHANGES FOR BALLOT) Referred to Judiciary Com m ittee 1 ST RDG 6. AUTHORIZE SAF DIR TO ACCEPT A GRANT FROM 2013 EDW ARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN AN AMT NOT TO EXCEED $35,616.00 FOR POLICE DEPT; RATIFY ANY AGMT ENTERED INTO W /STARK COUNTY COMMISSIONERS REGARDING DISTRIBUTION OF GRANT FUNDS; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 7. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT AMENDMENT W /HZW ENVIRONMENTAL CONSULTANTS LLC TO INCREASE THE MAXIMUM CONTRACT AMT FOR CERTIFIED PROF SVCS FOR THE BISON REMEDIATION PROJ; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 8. AMEND SEC 2 OF O#70/2013; EMERGENCY (CHANGE DOLLAR AMT TO $28,820,200.00) Referred to Finance Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - JULY 1, 2013 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 9. AUTHORIZE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & EXECUTE A CONTRACT IN AN AMT NOT TO EXCEED $60,000.00 FOR PURCHASE & INSTALLATION OF THE BATHROOM FACILITY AT BUP REARICK PARK; EMERGENCY Referred to Public Property Capital Im provem ent & Parks & Recreation Com m ittees 1 ST RDG 10. ESTABLISH FAIR MKT VALUE OF REAL PROPERTY; AUTHORIZE MAYOR &/OR SERV DIR, OR THEIR DESIGNEE, TO ENTER INTO AGMTS FOR PURCHASE/ACQUISITION OF PARCELS & TEMPORARY CONSTRUCTION EASEMENTS FOR THE 12 TH ST N CORRIDOR PROJ; AMEND APPROP O#209/2012; EMERGENCY ($579,637.58 - 2113 202001 MUNICIPAL RD - ENGINEERING ADMIN - OTHER & $49,514.78 - 4506 202001 INFRASTRUCTURE BOND - ENGINEERING ADMIN - OTHER) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 11. AUTHORIZE SERV DIR TO ENTER INTO CHANGE ORDERS W /HOBS ROOFING IN AMT NOT TO EXCEED $32,350.00 FOR THE SEARS BLDG ROOF REPLACEMENT PROJ; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee (COUNCIL RECESSED AT 8:16 P.M. FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE TO DISCUSS ORDINANCE #12; RECONVENED AT 8:19 P.M.) 110/2013 12. AMEND O#209/2012; EMERGENCY ($100,000.00 INFORMATION TECHNOLOGY MANGER - OTHER, $40,000.00 BUILDING MAINTENANCE - PERSONNEL, $17,020.00 CODE ENFORCEMENT - OTHER TO FIRE ADMINISTRATION - OTHER) Referred to Public Property Capital Im provem ent Com m ittee (COUNCIL RECESSED AT 8:19 P.M. FOR THE COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ORDINANCE #13; RECONVENED AT 8:22 P.M.) 111/2013 13. DECLARE 9 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 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#14, O#16 & O#17; O#15 RETAINED IN COMMITTEE) 2 ND RDG 14. AUTHORIZE MAYOR &/OR SERV DIR TO NEGOTIATE AND ENTER INTO THREE OHIO W ATER POLLUTION CONTROL FUND W ATER RESOURCE RESTORATION SPONSOR PROGRAM SPONSORSHIP AGMTS; EMERGENCY (FIN) RETAINED IN COM M ITTEE 15. AUTHORIZE MAYOR &/OR SAF & SERV DIR TO NEGOTIATE AND ENTER INTO CONTRACT W ITH HALL OF FAME CITY CHALLENGE, LLC FOR SERV TO BE RENDERED BY CITY OF CANTON IN SUPPORT OF RACES; EMERGENCY (FIN) 2 ND RDG 16. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W ITH W ALT SW EENEY FORD FOR PURCHASE OF 1 FORD F-250 PICKUP TRUCK IN AMT NOT TO EXCEED $22,798.70 PURSUANT TO O.R.C. SECTION 125.04; EMERGENCY (PPCI) 2 ND RDG 17. AMEND RES #58/2013; EMERGENCY (TACO BELL ANNEXATION - CHG ACREAGE TO 1.547) (ANNEX) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: NO ACTION TAKEN ON 105/2013 18. AMEND EXHIBIT A TO O#40/2000; AS AMENDED, CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY CITY OF CANTON; EMERGENCY (10PO PROBATIONARY POLICE OFFICERS) RECONSIDERED & AM ENDED 108/2013 19. AUTHORIZE SERV DIR AND/OR SAF DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR PURCHASE OR LEASE OF VARIOUS VEHICLES AND/OR EQUIP FOR DEPTS OF PUBLIC SAFETY & SERVICE; AUTHORIZE SERV AND/OR SAF DIR TO ENTER INTO VARIOUS CONTRACTS FOR PURCHASE OF VARIOUS VEHICLES AND/OR EQUIP IN ACCORDANCE W ITH ORC SECTION 125.04; EMERGENCY POSTPONED INDEFINITELY 20. AUTHORIZE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGMT W ITH CPX SOUTH CANTON, LLC 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) OF THE REVISED CODE; EMERGENCY POSTPONED INDEFINITELY 21. APPROVE AND ACCEPT LOT SPLIT/REPLAT OF LOT NO. 35852; EMERGENCY (415 47 TH ST NW , PARCEL #301329, THOMAS & LIESL FORBES AND GERALD & MARCIA CRAMER) CANTON CITY COUNCIL AGENDA - PAGE 4 - JULY 1, 2013 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: 112/2013 22. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (RICHARD & SHARON MEDLA - 133 HARRISON AVE SW , PARCEL #228696, LOT #9775) PUB HRG: 7/1/13 @ 7:30 PM 113/2013 23. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (LUBOV INC - 127/129 HARRISON AVE SW , PARCEL #214861, EAST END OF PT LOT #9774) PUB HRG: 7/1/13 @ 7:31 PM 114/2013 24. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (LRC-A TUSC PROPERTIES LLC - SW CORNER OF DRYDEN AVE SW & GROVE PL SW , PARCEL #222629, PT LOT #9774) PUB HRG: 7/1/13 @ 7:32 PM 115/2013 25. VACATE PORTIONS OF DRYDEN AVE SW & GROVE PL SW ; APPROVE & ACCEPT THE DEDICATION OF PARTS OF LOTS 9747 & 9748 FOR STREET PURPOSES; EMERGENCY (JOHN W OJTILA OF THE ZAREMBA GROUP LLC, AGENT FOR DEARBORN LAND INVESTMENT LLC) PUB HRG: 7/1/13 @ 7:33 PM 116/2013 26. AUTHORIZE MAYOR &/OR SAF DIR TO ENTER INTO AGMT TO PURCHASE SW AT TACTICAL VESTS & HELMETS IN AMT NOT TO EXCEED $56,900.00 PURSUANT TO ORC SEC 125.04; EMERGENCY 117/2013 27. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR LEASE OF APPROX 282 SQ FT OF COMMERCIAL SPACE @ 215 W TUSC ST IN ORDER TO PROVIDE A SNACK/BAR CONCESSION STAND; EMERGENCY 118/2013 28. AUTHORIZE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & ENTER INTO CONSTRUCTION CONTRACT FOR CONSTRUCTION OF FRAZER ESTATES STORM SEW ER REPAIR GP 1189; EMERGENCY 119/2013 29. AUTHORIZE SERV DIR TO ENTER INTO PROF SVCS CONTRACT W /BURGESS & NIPLE FOR ENGINEERING SVCS DURING THE PLANNING, DESIGN & BIDDING PHASES OF W ATER METER & METER TRANSMITTING UNIT (MTU) REPLACEMENT PROG IN AMT NOT TO EXCEED $348,500.00; AUTHORIZE SERV DIR TO APPLY FOR & ENTER INTO CONTRACT W /THE OHIO W ATER DEVELOPMENT AUTHORITY FOR A PLANNING LOAN FOR THE PROJ; AUTHORIZE AUDITOR TO ESTABLISH & CREATE THE 5227 W ATER METER/MTU REPLACEMENT PROJ FUND; AMEND APPROP O#209/2012; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, JULY 15, 2013 in Council Caucus Room at 6:15 P.M . 1) Finance Com m ittee 2) Judiciary Com m ittee 3) Parks & Recreation Com m ittee 4) Public Property Capital Im provem ent Com m ittee M ISCELLANEOUS BUSINESS: Mem ber W est re: Asked if the City should get an um brella insurance policy to cover dam ages such as trees after storm s like the one last week; Law Director Martuccio re: Advised that the City does have liability insurance but the deductible is $125,000.00. He stated that he does not think that trees that fall on soil can be claim ed through insurance since there is was no dam age done to anything; Mem ber Fisher re: Com m ended and thanked the Tim ken Com pany for soundproofing their equipm ent after receiving a com plaint from a resident about the noise; Mem ber Sm ith re: Com m ended the City, Chief of Staff, the Mayor and Kevin Monroe for the system that was set up after the recent storm ; Mem ber W est re: Thanked the City workers for a job well done. Also advised that he would like to have a m eeting regarding Charter Governm ent to educate the public; Mayor re: Com plim ented the city em ployees for the excellent job they did after the storm ; Mem ber Morris re: Com m ended the City workers and Director Price for a job well done. Also com m ended and thanked the citizens of W ard 9 for starting to clear the streets before the City workers arrived. Lastly, he gave props to the Police Departm ent for an arrest due to ShotSpotter; Director Price re: Advised the residents on Trinity Place that he will be getting m ore enforcem ent on the street. He advised that he would like to schedule a tim e to m eet with them during the tim es this activity usually takes place. Also advised that Mem ber Fisher was personally involved in the CVS project and he appreciates that; President Schulm an re: Requested that the building on Cleveland Avenue that recently had a fire be put on the dem olition list. Also stated that he would like to see the bad landlords in the City be held accountable for their renters; Mayor re: Advised that the problem property near Trinity Place recently changed hands and he plans to track down the new owners and m eet with them ; Mem ber Cirelli re: Advised that som eone lost a key fob at her house during the storm clean up; Mem ber Griffin re: Advised that the Tree Com m ission m et on June 18 th and they will be m eeting on the 3 rd Tuesday of every m onth. He advised that the next m eeting will be held on July 16 th; Mem ber Dougherty re: Com m ended the City workers for the am azing job they did after the storm . Also, wished everyone a safe holiday. ADJOURNM ENT: 9:04 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JULY 15, 2013 @ 7:30 PM