City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM AUGUST 24, 2015 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Living Hope Christian Prayer Group PLEDGE OF ALLEGIANCE: President Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#4; 2 nd Rdg O#5 - O#10; O#4 Adopted on 1 st Rdg; O#5 Adopted as Am ended on 2 nd Rdg; O#10 Adopted on 2 nd Rdg; O#13 W ithdrawn) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Mike Rukavina is opposed to the proposed ordinance am ending the Building Code. He stated that in 2010 he served on the com m ittee to drafting the proposal to bring Canton into com pliance with State law regarding registration fees. He said this was working until staffing in the Code Departm ent was reduced. He said m ost landlords do not own their own properties and they’re net profits are low. He would like to see the IMPC put back and the laws on the books enforced. John Laughlin said that Councilm an Mack did a good job at bringing the Charter issues before Council. He feels we should let the voters decide. W ith regard to the landlord registration fees, he feels if this am ount were passed onto the tenants it would be approxim ately $8.00 a m onth which is not a lot for good housing. He said that Mr. Burns whose rental is located at 1749 Market has not m et the requirem ents, and apparently jail tim e was not enough for him . He encouraged Council to sponsor legislation to certify inspectors for the Health Departm ent. Pete DiGiacom o com m ended the Law Departm ent, Council and the Adm inistration for prosecuting Mr. Burns and encouraged them to send a m essage and go after m ore of these landlords. He also encouraged them to fine people with high grass. Ed Devaul stated that recently Lawn Avenue was blacktopped between 4 th and 7 th Street one section at a tim e. He said it took all sum m er to com plete. He also stated that the house next to him has been vacant for seven years and the grass is up to your knees. He just wanted to com m ent on how long it takes to get things done. David DeChiara stated that he has 50 rental units. He does not own them , however, the bank does. If the fees to landlords are raised it will cost him $5,000.00 m ore a year. He agrees the neighborhoods are bad, but he blam es the Mayor for not hiring m ore code inspectors and Council for not getting on the Mayor for the state of the neighborhoods. He said that when the fees were increased years ago it was not used for code enforcem ent and he would like to know where the m oney has gone. He said we’ve had no enforcem ent for years, and he doesn’t like the landlords being used as scapegoats. He wants Council and the Adm inistration to take responsibility for the condition of the neighborhoods, and put the current fees toward code enforcem ent. Jennifer Herning said she is there as a m om and is trying to m ake the system better. She feels we need new laws. Henry Preston spoke about dog owners allowing their dogs to urinate on other people’s property. He feels this is vandalism , and would like this issue addressed. He circulated two pictures of trees dam aged by dog urine and an article discussing how urine kills trees. He wants law enforcem ent to understand this is an act of vandalism . Dan Fonte stated that back in the early 90's landlords lobbied to have their own m aintenance people do their work. Labor was opposed to this, but it was still passed by Council. He said Council has problem s now because they wouldn’t listen back then. He also spoke about the Com prehensive Plan, and said we have no jobs to pay for anything. If it cost each resident $1.00 a day, that’s $30.00 a m onth which is a lot for seniors. He said sewer and water bills have gone up, and he wants Council to think about people on fixed incom es. He also spoke about the curb and gutter policy. He feels they are part of the street, not the sidewalk. The plows are tearing them up, and he feels it is city property. He also felt that it was crazy to chip and seal Frazer Avenue from 37 th to 44 th Street. INFORM AL RESOLUTIONS: 30. COUNCIL-AS-A-W HOLE: COMMENDING FAMILY COURT, W ORK CONNECTIONS AND SEVERAL YOUTH MEMBERS FOR THEIR BEAUTIFICATION OF W ALKW AYS ALONG FULTON RD NW . - ADOPTED COM M UNICATIONS: 295. COM DEV DIR MILLER: REQ SUPP APPROP TO O#266/2014, AS AMENDED, W ITH REGARD TO O#19/2015 W HICH AUTHORIZED MAYOR TO FILE 2015 ANNUAL ACTION PLAN W ITH HUD AS FOLLOW S: $2,359,472.00 FR UNAPPROP 2211 506001 COMMUNITY DEVELOPMENT FUND TO 2211 506001 COMMUNITY DEVELOPMENT FUND - OTHER, $432,020.00 FR UNAPPROP 2214 506001 HOME FUND TO 2214 506001 HOME FUND - OTHER, AND $214,860.00 FR UNAPPROP 2219 506001 EMERGENCY SHELTER GRANT FUND TO 2219 506001 EMERGENCY SHELTER GRANT FUND. - COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES 296. COUNCIL MBR SMITH, W ARD 4: REQ HONORARY NAME CHANGE ON 2 ND ST SE FR HARTFORD AVE SE TO W ARNER RD SE TO MR. G’S AVE SE IN HONOR OF GEORGE SMITH, OW NER OF MR. G’S RESTAURANT. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 297. COUNCIL MBR SMITH, W ARD 4: REQ HONORARY NAME CHANGE ON 3 RD ST SE TO END OF HARTFORD AVE TO GEORGE DUNW OODY AVE SE IN HONOR OF PASTOR GEORGE DUNW OODY OF LIFE CHURCH. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 298. COUNCIL MBR MARIOL, W ARD 7: REQ LEGISLATION AMENDING ORDINANCE NO. 917.05 TO CHANGE DISTANCE TREE BRANCHES MAY OVERHANG ONTO STREETS, SIDEW ALKS & ALLEYS. - JUDICIARY COMMITTEE 299. COUNCIL MBR MARIOL, W ARD 7: REQ LEGISLATION PROHIBITING BASKETBALL HOOPS FR OVERHANGING ONTO ROADW AY OR RIGHT-OF-W AY. - JUDICIARY COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - AUGUST 24, 2015 COM M UNICATIONS CONTINUED: 300. COUNCIL MEMBERS: REQ LEGISLATION HOLDING PROP OW NERS ACCOUNTABLE THOMAS W EST, W ARD 2 FOR REPEAT OFFENSES OR VIOLATIONS AT THEIR PROPERTIES. JOHN MARIOL, W ARD 7 - JUDICIARY COMMITTEE FRANK MORRIS, W ARD 9 301. DEPUTY MAYOR W ILLIAMS: REQ TO W ITHDRAW COM #284 FROM 8/10/15 AGENDA. - RECEIVED & FILED 302. DEPUTY MAYOR W ILLIAMS: REQ TO W ITHDRAW COM #285 FROM 8/10/15 AGENDA. - RECEIVED & FILED 303. DEPUTY MAYOR W ILLIAMS: AUTHORIZE SAF DIR TO ENTER INTO REVISED PARKING LEASE AGMT W ITH DAY KETTERER LAW FIRM TO LEASE PARKING SPACES IN MILLENIUM PARKING GARAGE @ RATE OF $30.00. - FINANCE COMMITTEE 304. DEPUTY MAYOR W ILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO GRANT DAY KETTERER LAW FIRM JOB RETENTION TAX INCENTIVE PURSUANT TO ECONOMIC GROW TH INITIATIVE REGULATIONS ADOPTED BY CANTON CITY COUNCIL THRU O#2/2006 AND CONTINUED THRU O#59/2013. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 305. DEPUTY MAYOR W ILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ENTERPRISE ZONE AGMT W ITH BALL METAL FOOD CONTAINER LLC TO PROVIDE REAL PROP TAX EXEMPTION AND AUTHORIZE AUDITOR TO MAKE PAYMENTS TO CANTON CITY SCHOOLS BD OF ED AS REQUIRED PURSUANT TO SEC 5709.92(c) OF REVISED CODE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 306. DEPUTY MAYOR W ILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO COMMUNITY REINVESTMENT AREA AGMT W ITH HISTORIC BLISS LLC TO PROVIDE REAL PROP TAX EXEMPTION AND AUTHORIZE AUDITOR TO MAKE PAYMENTS TO CANTON CITY SCHOOLS BD OF ED AS REQUIRED PURSUANT TO SEC 5709.82(c) OF REVISED CODE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 307. DEPUTY MAYOR W ILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ENTERPRISE ZONE AGMT W ITH LAKEBROOK PROPERTIES LLC TO PROVIDE REAL PROP TAX EXEMPTION AND AUTHORIZE AUDITOR TO MAKE PAYMENTS TO CANTON CITY SCHOOLS BD OF ED AS REQUIRED PURSUANT TO SEC 5709.82(c) OF REVISED CODE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 308. DEPUTY MAYOR W ILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO JOB CREATION TAX CREDIT AGMT W ITH PHOENIX RISING BHR, INC. AS INCENTIVE TO RELOCATE 66 EMPLOYEES FROM JACKSON TW P TO 624 MARKET AVE N. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 309. DEPUTY MAYOR W ILLIAMS: AUTHORIZE AND DIRECT CITY OF CANTON TO ENTER INTO GRANT AGMT W ITH CANTON REGIONAL CHAMBER OF COMMERCE IN AMT OF $175,000.00 TO ADVANCE, ENCOURAGE AND PROMOTE INDUSTRIAL, ECONOMIC, COMMERCIAL AND CIVIC DEVELOPMENT; MAKE $175,000.00 APPROP TRANSFER FR 1001 506601 CIC EXPENSES - OTHER TO 1001 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER. - FINANCE COMMITTEE 310. FINANCE DIR DIRUZZA: REQ LEGISLATION TO AMEND O#266/2014 W ITH SUPP APPROP, APPROP REDUCTION AND APPROP TRANSFERS NECESSARY FOR RESPECTIVE DEPTS TO CONTINUE TO MEET 2015 BUDGET REQUIREMENTS (HEALTH FUND, FORECLOSURE FUND, PARKING LOT FUND). - FINANCE COMMITTEE 311. LAW DIRECTOR MARTUCCIO: APPROVE LEGISLATION AMENDING AND UPDATING EXISTING CODIFIED ORDINANCES IN CHAPTER 539 THAT APPLY TO PARKS AND PLAYGROUNDS. - JUDICIARY AND PARKS & RECREATION COMMITTEE 312. PLANNING COMMISSION: REQ TO W ITHDRAW APP FOR ZONE CHANGE LOCATED AT 1224 FULTON RD NW , W ARD 1 (AZURE STUDIO & ART GALLERY). - RECEIVED & FILED 313. PLANNING COMMISSION: RECOMMEND APPROVAL OF VACATION OF PORTION OF FARW ICK PL NW FR NORTHERN RIGHT-OF-W AY LINE OF 11 TH ST NW TO SOUTHERN RIGHT-OF-W AY LINE OF RICHARD PL NW , W ARD 1 (ROBERT KNIGHT). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 3 - AUGUST 24, 2015 COM M UNICATIONS CONTINUED: 314. PLANNING COMMISSION: RECOMMEND APPROVAL OF REPLAT OF LOTS 13830 AND 13831 LOCATED AT 1701 EDW ARDS AVE NE, W ARD 6 (JOHN & TRACY CROSBY). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 315. PLANNING COMMISSION: RECOMMEND APPROVAL OF ZONE CHANGE FOR 3660 GREENTREE AVE SW FR B-3 - GENERAL BUSINESS TO PCS - PLANNED COMMUNITY SERVICE (DAN HERSHBERGER OF NEW DAW N DEV, LTD). - JUDICIARY COMMITTEE 316. SAFETY DIR PERRY: REQ TO W ITHDRAW O#13 AUTHORIZING AUDITOR TO PAY $9,844.25 MORAL OB TO US POSTAL SERV. - RECEIVED & FILED 317. SAFETY DIR PERRY: REQ TO W ITHDRAW COM #280 FROM 7/27/15 AGENDA. - RECEIVED & FILED 318. SAFETY DIR PERRY: APPROVE DEMO OF BLDGS LOCATED AT 1924 3 RD ST NE, 1635 BANK PL SW , 1714 BANK PL SW , 2943 KIRBY AVE NE, 3928 MAHONING RD NE, 616 PARK AVE SW , & 1435 PEARL PL SW ON BEHALF OF BLDG DEPT. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 319. SERV DIR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO 4 YR PROF SERV CONTRACT W ITH ACLARA TECHNOLOGIES FOR MAINTENANCE OF AUTOMATED METER READING SYSTEM; MAKE $17,353.80 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207003 - W ATER BILLING - OTHER, AND $11,569.20 SUPP APPROP FR UNAPPROP BAL OF 5410 SEW ER FUND TO 5410 207003 - SEW ER BILLING - OTHER. - FINANCE COMMITTEE ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND SEC 1351.03 OF PART 13, BUILDING CODE, OF CODIFIED ORDINANCES OF CITY OF CANTON (REGISTRATION FEES) Referred to Judiciary Com m ittee 1 ST RDG 2. AUTHORIZE MAYOR OR SERV DIR TO ENTER IN AGMT W ITH GENTLEBROOK INC. FOR W ATER MAIN EXTENSION W ITHIN VILLAGE OF HARTVILLE; EMERGENCY Referred to Environm ental & Public Utilities Com m ittee 1 ST RDG 3. AUTHORIZE CLERK OF COUNCIL TO CERTIFY TO COUNTY AUDITOR UNPAID AND DELINQUENT CHARGES FOR W ATER AND/OR SEW ER SERV; EMERGENCY Referred to Environm ental & Public Utilities Com m ittee (COUNCIL RECESSED AT 8:05 PM FOR THE PERSONNEL COMMITTEE TO DISCUSS ORDINANCE #4; RECONVENED AT 8:07 PM) 161/2015 4. AMEND EXHIBIT A TO O#100/2011, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL; EMERGENCY (DEPT OF COMM DEV & FAIR HOUSING) Referred to Personnel Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD 2 ND RDG O#5 - O#10; O#5 ADOPTED AS AMENDED ON 2 ND RDG; O#10 ADOPTED ON 2 ND RDG) AM ENDED 162/2015 5. SUBMIT, PURSUANT TO INITIATIVE PETITION, TO ELECTORS OF CITY OF CANTON THE QUESTION, “SHALL A COMMISSION BE CHOSEN TO FRAME A CHARTER?” AND FOR ELECTION OF MEMBERS OF CHARTER COMMISSION; EMERGENCY (JUD) 2 ND RDG 6. APPROVE REPLAT OF LOTS 42991 & 42992; EMERGENCY (ED DOMER FOR CLIFF JUMPERS, LLC @ 1325 17 TH ST. NE) (PS&T) 2 ND RDG 7. AUTHORIZE AUDITOR TO PAY A MORAL OB IN AN AMT NOT TO EXCEED $12,800.00 TO DELL MARKETING L.P.; EMERGENCY (POLICE DEPT.) (FIN) 2 ND RDG 8. AUTHORIZE SAF DIR TO ACCEPT REIMBURSEMENT GRANT FR OHIO DEPT OF PUBLIC SAFETY IN AMT NOT TO EXCEED $3,500.00; AMEND APPROP O#266/2014; EMERGENCY ($3,500.00 SUPP APPROP FR UNAPPROP BAL OF 2812 FIRE DEPARTMENT EMS GRANT FUND TO 2812 103001 FIRE DEPARTMENT EMS GRANT - OTHER) (FIN) 2 ND RDG 9. AUTHORIZE AND CONSENT TO FINE GRADED POLYMER AC OVERLAY TO STA US 30 FR 9.58 TO 13.10, MINOR BRIDGE W ORK; EMERGENCY (PROJ - PID NO. 84627) (FIN & PS&T) 163/2015 10. APPROVE REPLAT OF LOTS 184, 185, & 186; EMERGENCY (STANDARD HEATING & PLUMBING AND CANTON REP @ W ALNUT AVE SE BTW N 4 TH & 5 TH SE) (PS&T) CANTON CITY COUNCIL AGENDA - PAGE 4 - AUGUST 24, 2015 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 164/2015 11. APPROVE STATEMENT OF SERV TO BE PROVIDED TO PROP OW NER IN FIRST TEE #2 ANNEX AREA, APPROX DATE SERV W ILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON BEING ANNEXED TO CITY OF CANTON, OH; EMERGENCY 165/2015 12. AMEND EXHIBIT A TO O#100/2011, AS AMENDED, CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY CITY OF CANTON; EMERGENCY (CHANGE REPORTING STRUCTURE OF PREVAILING W AGE COORDINATOR TO SERV DIR DEPT OF PROCUREMENT) W ITHDRAW N 13. AUTHORIZE AUDITOR TO PAY AMT NOT TO EXCEED $9,844.25 TO US POSTAL SERV; EMERGENCY (MORAL OB FOR INVOICES FOR PARKING GARAGE ATTENDANTS) 166/2015 14. AUTHORIZE AUDITOR TO PAY AMT NOT TO EXCEED $8,101.33 TO AEP; EMERGENCY (MORAL OB FOR TRAFFIC SIGNAL ELECTRIC BILL) 167/2015 15. AUTHORIZE AUDITOR TO PAY AMT NOT TO EXCEED $125,142.41 TO CARGILL, INC.; EMERGENCY (MORAL OB FOR MINIMUM SALT PURCH FOR STREET DEPT) 168/2015 16. AUTHORIZE AUDITOR TO PAY AMT NOT TO EXCEED $19,950.00 TO HD SUPPLY W ATERW ORKS, LTC; EMERGENCY (MORAL OB FOR PIPE FITTINGS FOR W ATER DEPT) 169/2015 17. APPROVE CANTON CITY W ATER MAIN EXT TO PERRY TW P; AUTHORIZE SERV DIR TO ENTER INTO CONTRACT FOR EXT OF SAID W ATER MAIN; EMERGENCY (KOLP MGMT CORP TO SERV PROP AT NW CORNER OF NAVARRE RD & W HIPPLE AVE SW ) 170/2015 18. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO COOP AGMT W ITH STARK COUNTY FOR CITY OF CANTON’S SHARE OF STARK COUNTY’S MAPLEW OOD (NEW DAW N SUBDIVISION) SANITARY SEW ER PROJ, GP 1236; AMEND APPROP O#266/2014; EMERGENCY ($305,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SANITARY SEW ER FUND TO 5410 206317 MAPLEW OOD (NEW DAW N) PROJ, GP 1236 - OTHER) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, SEPTEM BER 14, 2015 in Council Caucus Room at 6:45 PM 1) Environm ental & Public Utilities Com m ittee 2) Judiciary Com m ittee 3) Public Safety & Thoroughfares Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Dougherty would like to know Judge Forchione’s exact words, and said it would have been nice for him to be here tonight to explain why he threatened them . He feels it’s because they are low on the totem pole. Mem ber W est said that no one from W ard 2 has ever been a council-at-large m em ber, and he hopes som e people from W ard 2 will be able to sit on the Charter Com m ission. Mem ber Babcock stated that in the last 60 years only four people have won council-at-large seats south of 12 th Street. Mem ber Hart congratulated Brenda Turner for opening a new store for wom an next to That’s a W rap. He also congratulated Mem ber Sm uckler for 32 years of m arriage to his wife Randi. He said that he ran as an independent for an at-large seat and won, and we elected a President regardless of skin color. Therefore, he encouraged everyone to pursue what they want. Mem ber Mack said, in response to Mem ber Morris’ earlier com m ents, that the Charter process was not contam inated. He said we are starting another chapter, and that Carol Vaughn who is in the audience, is a big reason why we’re here. He feels we are obligated to m ake sure the Com m ission represents the City. He said that petitions m ay be turned in tom orrow until Septem ber 1 st. He said he has copies of petitions, and will do anything to help. He said if it’s okay he would leave som e in the Council office. Clerk Tim berlake indicated they could not be left in the Council Office as it would be a conflict of interest. Mem ber W est applauded Mem ber Mack’s efforts on the Charter issue. Mem ber Sm ith reiterated som e earlier com m ents by Council m em bers hoping that the residents will get educated on what the Charter is all about. She hopes that it will work for W ard 4 and they will not be forgotten. Mem ber Sm uckler offered any help with the petitions, including getting signatures. He said it is very im portant to give the people the opportunity to vote whether it passes or not. He also offered to m eet with landlords at a m utually agreeable tim e to discuss their situations. Mayor Healy indicated that in 2010 the landlord fees did not generate enough funds for the Code Departm ent to operate on its own. Since that tim e all the m oney generated has gone to that Departm ent. He said they currently em ploy four different positions, two building code inspectors and two property m aintenance inspectors. He said the additional revenue is to potentially bring in m ore inspectors. He thanked Mr. Rukavina for his testim ony. President Schulm an indicated that the one speaker has not paid his fees and still owes the City over $1,000.00. He wants people to live in decent hom es, and he’s tired of hearing that $100.00 is so onerous. He feels if a landlord can’t afford it, he or she should get out of the City. In response to an earlier com m ent, he stated that he is not running for the Charter Com m ission. He is a plaintiff in the lawsuit against the Board of Elections because he wants to give people the right to vote, and he feels Judge Forchione did a great job on his decision. He also feels Joe Martuccio does an outstanding job. He said that the m em bers won’t be here forever but the institution will, and he just does what the people elected him to do, and that’s uphold the law. ADJOURNM ENT: 9:42 P.M. NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, SEPTEM BER 14, 2015 @ 7:30 PM