City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JULY 29, 2013 ROLL CALL: Eleven Council Mem bers Present M OTION TO EXCUSE M EM BERS: Mem ber Hawk Absent INVOCATION: Mary Cirelli, Council-at-Large Mem ber PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#4, O#8 & O#9 and 2 nd Rdg O#10 - O#17; O#4, O#8 & O#9 Adopted on 1 st Rdg; O#22, O#23 & O#24 Adopted as Am ended) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Bret Moore re: Expressed his delight with the fireworks to kickoff the Hall of Fam e; Frances Rich, Chris Barker, Roger Kintz, April Kintz, Shirley Dougherty, Mike Postlewaite and Beth Postlewaite re: Expressed their opposition to a drive thru going on Raff Road; David Morgan re: Stated that he feels that it is prem ature to put the park levy on the ballot in Novem ber until the explanation to the public is m ore accurate; Jam es Parker re: W ants to know where the Cowboy’s flag is on Central Plaza, it’s m issing. Also wants to know what role the Urban League plays in Ordinance #20; Dave Miday re: Asked for support of the Park Levy; Jim Adam s re: Explained Ordinance #2 in regard to infant m ortality. INFORM AL RESOLUTIONS: 37. CNCL AT LG MBRS BABCOCK & COLE & W ARD CNCL MBRS HAW K, W EST, GRIFFIN, DOUGHERTY, MARIOL & MORRIS: REQ COUNTY AUDITOR TO CERTIFY TO CITY OF CANTON THE TOTAL CURRENT TAX VALUATION OF THE CITY & INCLUDE THE CALCULATION OF THE AVERAGE ANNUAL TAX RATE, EXPRESSED IN DOLLARS & CENTS FOR EACH ONE HUNDRED DOLLARS OF VALUATION AS W ELL AS IN MILLS FOR EACH ONE DOLLAR OF TAX VALUATION & THE DOLLAR AMT OF REVENUE THAT W OULD BE GENERATED BY 3 MILLS. - TO BE W ITHDRAW N 38 COUNCIL MEMBER W EST, W ARD 2: HONORING PASTOR REVEREND DR. ERIC C. JOHNSON. - ADOPTED 39. PERSONNEL COMMITTEE: RE-APPT MARCIA ZAW ACKY TO FAIR HOUSING COMMISSION FROM 1/1/13 - 12/31/17. - ADOPTED 40. PERSONNEL COMMITTEE: RE-APPT CLASSIE GROCE TO FAIR HOUSING COMMISSION FROM 9/1/12 - 8/31/17. - ADOPTED 41. PERSONNEL COMMITTEE: RE-APPT NEIL LIBSTER TO FAIR HOUSING COMMISSION FROM 7/1/12 - 6/30/17. - ADOPTED 42. W ARD CNCL MBRS W EST, SMITH, FISHER & MACK : OPPOSING HOUSE BILL 203 & JOINING THE OHIO BLACK CAUCUS IN HOPES OF PREVENTING ANY LEGISLATIVE ACTION. - ADOPTED COM M UNICATIONS: 296. CNCL AT LG MBR CIRELLI & W ARD CNCL MBRS FISHER & MORRIS: REQ FOR INFORMATION FROM CCIC (FINANCES, EXPENDITURES, SALARIES, AGENDAS & MINUTES). - RECEIVED & FILED 297. COUNCIL MEMBER FISHER, W ARD 5: REQ STREET NAME CHANGE FROM SEICH COURT SW TO RALPH BYRD COURT. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 298. COUNCIL MEMBER MORRIS, W ARD 9: REQ LAW DEPT RESEARCH & PREPARE INFORMAL RESOLUTION STATING THAT IN THE EVENT THAT THE PARK LEVY PASSES COUNCIL SUPPORTS USING SAVINGS TO INCREASE SAFETY FORCES. - RECEIVED & FILED 299. LIQUOR CONTROL DIVISION (OHIO): REQ NEW C1 C2 LIQ PERMIT FOR W IRELESS OUTLET LLC DBA RED CIRCLE W IRELESS @ 125 12 TH ST NE. - RECEIVED & FILED 300. MAYOR HEALY: REQ RE-APPT OF ERMA SMITH TO INCOME TAX REVIEW BOARD FROM 3/1/13 - 2/28/17. - PERSONNEL COMMITTEE 301. MAYOR HEALY: ADVISING OF RE-APPT OF SHARON JOHNSON TO MAYOR’S COMMUNITY RELATIONS COMMISSION FROM 7/1/13 - 6/30/15. - RECEIVED & FILED 302. MAYOR HEALY: ADVISING OF RE-APPT OF SAMMY MILLER TO MAYOR’S COMMUNITY RELATIONS COMMISSION FROM 7/1/13 - 6/30/15. - RECEIVED & FILED CANTON CITY COUNCIL AGENDA - PAGE 2 - JULY 29, 2013 COM M UNICATIONS CONTINUED: 303. MAYOR HEALY: ADVISING OF RE-APPT OF TIMOTHY MILLER TO MAYOR’S COMMUNITY RELATIONS COMMISSION FROM 7/1/13 - 6/30/15. - RECEIVED & FILED 304. MAYOR HEALY: ADVISING OF APPT OF SEAN W HITED TO MAYOR’S COMMUNITY RELATIONS COMMISSION FROM 7/1/13 - 6/30/15. - RECEIVED & FILED 305. MAYOR HEALY: ADVISING OF APPT OF EMIL ALECUSAN TO MAYOR’S NEIGHBORHOOD COMMISSION FROM 6/1/13 - 5/31/14. - RECEIVED & FILED 306. SAFETY DIRECTOR PRICE: REQ PAYMENT BE MADE FOR $385.27 MORAL OB TO TO AIRGAS USA LLC FOR INVOICES FROM 2012 FOR SVCS & CYLINDER RENTALS THAT W ERE OVERLOOKED FOR PAYMENT (TRAFFIC SIGN & PAVEMENT DIVISION OF ENGINEERING). - FINANCE COMMITTEE 307. SAFETY DIRECTOR PRICE: DECLARE VARIOUS BLDGS UNSAFE AND HAZARDOUS FOR W HICH DEMOLITION IS REQUIRED. - FINANCE COMMITTEE 308. SAFETY DIRECTOR PRICE: REQ TO ENTER INTO CONTRACT W /MORNING PRIDE MANUFACTURING INC FOR PURCHASE OF 15 SETS OF TURNOUT GEARS FOR FIRE DEPT AT COST NOT TO EXCEED $35,000.00. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 309. SAFETY DIRECTOR PRICE: REQ TO RECEIVE & APPROP $2,500.00 EMS GRANT TO BE PLACED IN FIRE DEPT EMS GRANT FUND 2812- 103001-73417. - FINANCE COMMITTEE 310. SAFETY DIRECTOR PRICE: REQ INCREASE UP TO THE RATE CPI-U OR A MAXIMUM OF 3%, W HICHEVER IS LESSER FOR ANGELA CAVANAUGH, CHIEF BUILDING OFFICIAL. - PERSONNEL COMMITTEE 311. SAFETY DIRECTOR PRICE: REQ $200,000.00 SUPP APPROP TO BE PLACED IN FUND 2760 FEDERAL FORFEITURE FUND IN POLICE DEPT. - FINANCE COMMITTEE 312. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR &/OR SERV DIR TO NEG & ENTER INTO AGMT W /THE FIRST TEE OF CANTON FOR THE LEASE OF ADJACENT PROPERTY; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY PROPER DEPT AUTHORITY. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 313. SERVICE DIRECTOR BARTOS: AUTHORIZE THE ESTABLISHMENT OF POSITIONS OF DIR OF PURCHASING & ASST DIR OF PURCHASING; ELIMINATE POSITIONS OF OPERATIONS ANALYST & ADMIN ASST III BOTH W HICH CURRENTLY EXIST IN PURCHASING; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY THE PROP DEPT AUTHORITY. - PERSONNEL COMMITTEE 314. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & EXECUTE A CONSTRUCTION CONTRACT FOR TRINITY PLACE & CAPRICE AVE NW SANITARY MANHOLE REHAB PROJ; MAKE $130,000.00 APPROP TRANSFER FROM UNAPP BAL OF 5410 (SANITARY SEW ER FUND) TO 5410-206313 (SANITARY SEW ER FUND - TRINITY PL & CAPRICE AVE NW SANITARY MANHOLE REHAB, GP 1174); AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY PROPER DEPT AUTHORITY. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 315. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR &/OR SERV DIR APPLY FOR, ENTER INTO AGMT FOR & REC OPW C FUNDS (BOTH GRANT & LOAN) FOR 2014 PROGRAM YR FOR VARIOUS CITY PROJECTS. - FINANCE COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 3 - JULY 29, 2013 COM M UNICATIONS CONTINUED: 316. SERVICE DIRECTOR BARTOS: REQ TO AMEND EXHIBIT A OF O#120/2013 (12 TH ST N. CORRIDOR PROJECT, GP 1098, PID 85299 RIGHT-OF- W AY ACQUISITION AUTHORIZATIONS) TO INCLUDE ADDT’L PROPERTY APPRAISALS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 317. STARK COUNTY COMMISSIONERS: RECEIPT OF PERTINENT DOCUMENTS IN REGARD TO HOF ANNEXATION. - PLANNING COMMISSION ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND APPROP O#209/2012, AS AMENDED, BY MAKING APPROP TRANSFER; EMERGENCY ($10,762.02 FROM 2313 301001 - OTHER TO 2313 301001- PERSONNEL) Referred to Finance Com m ittee 1 ST RDG 2. AUTHORIZE HEALTH COMMISSIONER TO ENTER INTO PROF SVCS CONTRACT IN AMT OF $20,000.00 W /NATIONAL ORGANIZATION OF URBAN MATERNAL & CHILD HEALTH LEADERS FOR PURPOSES OF PROVIDING TRAINING, FACILITATION & TECHNICAL ASSISTANCE FOR STARK COUNTY EQUITY INSTITUTE FOR INFANT MORTALITY; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 3. AMEND APPROP O#209/2012; EMERGENCY ($81.32 FROM UNAPPROP BAL OF 2785 2010 BYRNE MEMORIAL GRANT FUND TO 2785 BYRNE MEMORIAL GRANT - OTHER) Referred to Finance Com m ittee (COUNCIL RECESSED AT 8:20 P.M. FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #4; RECONVENED AT 8:25 P.M.) 124/2013 4. AMEND APPROP O#209/2012; EMERGENCY ($1,000,000.00 UNAPPROP BAL OF 1151 LAND REUTILIZATION & NOTE FUND TO 1151 101501 CODE ENFORCEMENT - OTHER) Referred to Finance Com m ittee 1 ST RDG 5. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO AGMT W /THE W HEELING & LAKE ERIE RAILW AY &/OR THE RAIL DEVELOPMENT CORP TO UPGRADE CERTAIN RAILROAD CROSSINGS IN CANTON; AUTHORIZE MAYOR &/OR SERV DIR TO REC GRANTS & UTILIZE FUNDING MADE AVAILABLE FOR THE PROJ THROUGH AGMTS W /W HEELING & LAKE ERIE RAILW AY &/OR THE ORDC; AUTHORIZE THE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & EXECUTE A CONSTRUCTION CONTRACT & TO ADVERTISE, REC BIDS, AW ARD & EXECUTE A MATERIALS PURCHASE CONTRACT OR TO PURCHASE SAID MATERIALS VIA THE STATE COOP PURCHASING AGMT; AUTHORIZE AUDITOR TO ESTABLISH & CREATE THE 4570 RAILROAD CROSSING/TRAFFIC SIGNAL UPGRADE PROJ GP 1149 FUND; AMEND APPROP O#209/2012; EMERGENCY ($200,000.00 FROM UNAPPROP BAL OF THE 4570 RAILROAD CROSSING/TRAFFIC SIGNAL UPGRADE PROJ GP 1149 FUND TO 4570 202097 RAILROAD CROSSING/TRAFFIC SIGNAL UPGRADE PROJECT GP 1149 - OTHER) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 6. AMEND APPROP O#209/2012; EMERGENCY ($3,736.84 FROM UNAPPROP BAL OF THE 4501 CAPITAL FUND TO 4501 202032 HARMONT AVE SANITARY SEW ER EXTENSION PROJ - OTHER) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 7. AUTHORIZE CITY AUDITOR TO PAY $6,000.00 TO HAYMAKER TREE AND LAW N; EMERGENCY Referred to Finance Com m ittee (COUNCIL RECESSED AT 8:26 P.M. FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE TO DISCUSS ORDINANCE #8; RECONVENED AT 8:29 P.M.) 125/2013 8. AUTHORIZE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & EXECUTE A CONSTRUCTION CONTRACT FOR THE 41 ST ST NW ROADW AY RECONSTRUCTION PROJ GP 1126; ESTABLISH FAIR MKT VALUE OF REAL PROP; AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO AGMTS FOR PURCHASE OF SAID PARCELS FOR THE PROJ; AUTHORIZE AUDITOR TO ESTABLISH 4569 PROJ FUND; AMEND APPROP O#209/2012; EMERGENCY (SUPP APPROPS - $452,252.00 & $140,000.00 AND APPROP TRANSFER - $73,000.00) Referred to Public Property Capital Im provem ent Com m ittee (COUNCIL RECESSED AT 8:20 P.M. FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #9; RECONVENED AT 8:25 P.M.) 126/2013 9. DECLARE VARIOUS BLDGS TO BE PUBLIC NUISANCES; AUTHORIZE SAF DIR TO ENTER INTO CONTRACT FOR DEMO OF SAID BLDGS; AUTHORIZE CLERK OF COUNCIL TO CERTIFY COSTS OF DEMO TO STARK COUNTY AUDITOR; EMERGENCY Referred to Finance Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 4 - JULY 29, 2013 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#10 - O#17) 2 ND RDG 10. AMEND SEC 749.02, PERMIT REQUIRED, OF CODIFIED ORDINANCES OF CITY OF CANTON (ITINERANT RETAILERS) (JUD) 2 ND RDG 11. ESTABLISH FAIR MARKET VALUE OF ONE PARCEL CITY-OW NED PROP; AUTHORIZE SALE & CONVEYANCE OF SAID PROP PURSUANT TO CITY’S RESIDENTIAL LAND DISPOSITION PROG; EMERGENCY (TOMMIE L. BREW ER, PARCEL #02-22450, LOT #310 ON 911 3 RD ST NE) (C&ED) 2 ND RDG 12. ESTABLISH FAIR MARKET VALUE OF ONE PARCEL CITY-OW NED PROP; AUTHORIZE SALE & CONVEYANCE OF SAID PROP PURSUANT TO CITY’S RESIDENTIAL LAND DISPOSITION PROG; EMERGENCY (JOYCE ANN POST, PARCEL #02-33013, PART OF LOT #962 ON 710 5 TH ST SW ) (C&ED) 2 ND RDG 13. AUTHORIZE MAYOR TO ENTER INTO AGMT W ITH STATE OF OHIO, DEPT OF REHABILITATION & CORRECTION FOR RECEIPT OF FY 2014 COMMUNITY CORRECTIONS ACT GRANT IN AMT NOT TO EXCEED $170,601.00; EMERGENCY (FIN) 2 ND RDG 14. AMEND APPROP O#209/2012; EMERGENCY ($12.86 FROM UNAPPROP BAL 2774 BYRNE MEMORIAL JUSTICE ASST GRANT 09 FUND TO 2774 102009 POLICE - 2009 STIMULUS - OTHER) (FIN) 2 ND RDG 15. ADOPT CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR FISCAL YEAR ENDING DECEMBER 31, 2014; EMERGENCY (FIN) 2 ND RDG 16. AUTHORIZE CITY AUDITOR TO PAY $2,400.00 TO SOUTH CITY HEATING AND COOLING; EMERGENCY (PPCI & PARKS & REC) 2 ND RDG 17. AMEND APPROP O#209/2012; EMERGENCY ($31,268.05 FROM UNAPPROP BAL 4502 MOTOR VEHICLE PURCHASE FUND TO 4502 MOTOR VEHICLE PURCHASE - OTHER) (PPCI) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 127/2013 18. 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 128/2013 19. AMEND SECS 723.01, 723.05 & 723.15 OF CHAPTER 723, AMUSEMENT & MUSICAL DEVICES, OF CODIFIED ORDINANCES OF CITY; EMERGENCY 129/2013 20. AMEND SEC 2 OF O#61/2012 (CANTON MERCHANDISING/PROMO PROGRAM) 130/2013 21. 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 AM ENDED 131/2013 22. AMEND O#209/2012; EMERGENCY ($12,500.00 FROM UNAPPROP BAL OF THE 1105 POLICE SETTLEMENT FUND TO 1105 753001 LAW DEPARTMENT - OTHER) AM ENDED 132/2013 23. AMEND RE#21/2013; EMERGENCY (PARK LEVY - CHANGES FOR BALLOT) AM ENDED 133/2013 24. 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 134/2013 25. 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 135/2013 26. AMEND SEC 2 OF O#70/2013; EMERGENCY (CHANGE DOLLAR AMT TO $28,820,200.00) 136/2013 27. 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 137/2013 28. 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 ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, AUGUST 12, 2013 in Council Caucus Room at 6:30 P.M . 1) Finance Com m ittee 2) Personnel Com m ittee 3) Public Property Capital Im provem ent Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 5 - JULY 29, 2013 M ISCELLANEOUS BUSINESS: None ADJOURNM ENT: 9:38 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, AUGUST 12, 2013 @ 7:30 PM