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City Council

Regular Meeting

Canton, OH · October 31, 2016

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -516- MINUTES OF THE MEETING OCTOBER 31, 2016 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. We have a huge agenda tonight. We have no, actually we have no Public Speaks, which is a miracle. Otherwise we might be here for another five to six hours. But with a quorum being present, the Chair calls this meeting of Canton City Council to Order. Roll call vote please, Mr. Clerk. ROLL CALL TAKEN BY CLERK SHOWES: 12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, TOM HARMON, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JASON SCAGLIONE, ROBERT FISHER, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. CLERK SHOWES: We have twelve present, none absent, sir. PRESIDENT SCHULMAN: Thank you. Tonight we’re going to have our invocation given by our Ward 5 Council Member, Robert Fisher. I think this is your first, is it not? ROBERT FISHER: I think it is. PRESIDENT SCHULMAN: Okay, if you’ll all stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on October 31, 2016 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, Kellen Showes. The invocation was given by Ward 5 Council Member, Robert Fisher. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you very much for that invocation. We’re now under Agenda Corrections and Changes. Leader. MEMBER MORRIS: Mr. President, I move that Rule 22A be suspended to add 2nd Reading Ordinances 7 through 20 and Ordinance #7 will be retained in Committee. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinances 7 through 20 to this evening’s agenda. Ordinance #7 will be retained in Committee. Are there any remarks? Hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: Motion carries and the Ordinances are a legal part of your Agenda. Will you give me one moment. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -517- MINUTES OF THE MEETING OCTOBER 31, 2016 PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Public Hearings. We have three public hearings tonight. The first is scheduled for 7:30 PM and it’s AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY. THIS IS LOCATED AT 1811 - 20TH STREET NE, FROM R-2 (TWO FAMILY RESIDENTIAL) AND B-1 (OFFICE BUSINESS) TO PI-1 (PLANNED LIGHT INDUSTRIAL DISTRICT) FOR SCOTT & CHRISTIE BOSWELL, IN WARD 9, PLANNING COMMISSION RECOMMENDED APPROVAL OF THE SAME. Is there anyone in the audience wishing to speak for or against this Zone Change, will you please step forward? I have to say this one more time...is there anyone in the audience wishing to speak for or against this Zone Change, will you please step forward? I don’t see anyone stepping forward so this is now...the Chair declares the public meeting over in regard to this matter. The matter will come before you later this evening. The second hearing is scheduled for 7:31 PM and it’s AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY. THIS CONSISTS OF 74.2 ACRES WITHIN THE BOUNDARIES OF FULTON RD NW TO THE NORTH, HELEN ST NW TO THE SOUTH, INTERSTATE 77 TO THE EAST, AND THE CITY CORPORATION LINE TO THE WEST, FROM CS (COMMUNITY SERVICE) AND OS (OPEN SPACE) TO HOFV (HALL OF FAME VILLAGE) FOR HALL OF FAME VILLAGE DISTRICT IN WARD 7, PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE SAME. Is there anyone in the audience wishing to speak for or against this Zone Change, will you please step forward? I have to repeat, is there anyone in the audience wishing to speak for or against this Zone Change, please step forward? I see no one stepping forward. , this matter now rests in the hands of City Council and that will follow later. The third hearing is scheduled for 7:32 PM and it’s AN ORDINANCE DECLARING A DESIGNATED AREA OF THE CITY OF CANTON AS A TOURISM DEVELOPMENT DISTRICT FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO OHIO REVISED CODE SECTION 715.014; AND DECLARING THE SAME TO BE AN EMERGENCY. Is there anyone in the audience wishing to speak for or against this Tourism District, will you please step forward. And once again I have to repeat, is there anyone in the audience wishing to speak for or against this Tourism District? Seeing no one stepping forward, the Chair declares the public hearing over and a second Public Hearing will be held on this matter next Monday, November 7th at 7:30 P.M. OLD BUSINESS PRESIDENT SCHULMAN: Now we turn to Old Business. We have Old Business...no Old Business to speak of. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks. We have no public speakers tonight. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. We do have one Informal Resolution this evening. Mr. Clerk will you please read Informal Resolution 63 by title. #63. COUNCIL-AS-A-WHOLE: STRONGLY OPPOSING THE ACQUISITION OF TIME WARNER CABLE BY AT&T FOR $85,000,000,000.00 - ADOPTED PRESIDENT SCHULMAN: Leader COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -518- MINUTES OF THE MEETING OCTOBER 31, 2016 MEMBER MORRIS: Mr. President, I move we adopt Informal Resolution #63. MEMBER SMITH: Second PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 63. Are there any remarks? I would only say that this is a...just a terrible idea. You can’t have anything worse than the consolidation of these massive corporations. You know, we need competition, we don’t need it to be consolidated in the hands of one or two people, or two companies particularly. They’re scary, and they’re a threat, and they’re (Inaudible) on all of us. So, anyways...any other remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #63 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. COMMUNICATIONS PRESIDENT SCHULMAN: We now turn to Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED OCTOBER 31, 2016. 400. COUNCILMAN SMUCKLER: REQ LEGISLATION TO RAISE ADMINISTRATIVE FEES OF MOWING LAWNS ON VACANT PROPERTIES AND LOTS FROM $100 TO $200 PER MOW. - FINANCE COMMITTEE 401. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO TIF AGMT WITH BROADVIEW DEVELOPMENT LLC TO PROVIDE REAL ESTATE TAX EXEMPTION AND TO AUTHORIZE THE AUDITOR TO MAKE PAYMENTS TO CANTON CITY SCHOOL DISTRICT AS REQUIRED PURSUANT TO ORC SEC 5709.82(C) (HERCULES). - FINANCE COMMITTEE 402. DEVELOPMENT DIR MILLER: AUTHORIZE ISSUE OF REQUESTS FOR PROPOSALS FOR PROP MGMT OF RENTAL UNITS, ENTER INTO CONTRACT UPON SELECTION OF QUALIFIED ENTITY; AUTHORIZE SALE OF PROP ELIGIBLE TO BE SOLD THRU ORC 721.28 UNDER COUNCIL’S URBAN RENEWAL AND DEVELOPMENT AUTHORITY. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 403. FINANCE DIR CROUSE: AMEND APPROP O#44/2016 ($72,558.77 APPROP TRF FR 1001 101501 CODE ENFORCEMENT - OTHER-$70,000, 1001 102080 POLICE TRAFFIC - PERSONNEL-$2,558.77 TO 1001 501101 HUMAN RESOURCES -PERSONNEL-$10,000, 1001 852001 TREASURER - PERSONNEL-$20,000, 1001 102001 POLICE ADMIN - OTHER-$40,000, 1001 102090 POLICE CRIME LAB - PERSONNEL-$2,558.77). - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -519- MINUTES OF THE MEETING OCTOBER 31, 2016 404. LIQUOR CONTROL DIV (OHIO): REQ TRF C1, C2 PERMIT FR SUNNYS DRIVE THRU LLC TO SHAKHTRA HAYAKAYED LOCATED @ 1901 HARRISBURG RD NE (WARD 9). - RECEIVED & FILED 405. MAYOR BERNABEI: REQ AUTHORIZATION TO PAY $6,500.00 STIPEND PER YR TO DIRECTOR OF HUMAN RESOURCES DURING TIME THAT SHE SERVES AS BOTH HEALTHCARE COORDINATOR AND HUMAN RESOURCES DIRECTOR (AMY SLATER). - FINANCE & PERSONNEL COMMITTEES 406. MAYOR BERNABEI: REQ AUTHORIZATION TO RE-APPT SUSAN ROSS TO CITY BD OF ZONING APPEALS COMMENCING 1/1/17 TO 12/31/19. - PERSONNEL COMMITTEE 407. SERVICE DIR BARTOS: AUTHORIZE AUDITOR TO PAY ONE OR MORE MORAL OBS RELATED TO MAHONING RD NE CORRIDOR PROJ, GP 1103 TO WENGER EXCAVATING, INC. FOR AMT NOT TO EXCEED $280,000; AUTHORIZE AUDITOR TO PAY ONE OR MORE MORAL OBS RELATED TO 12TH ST N CORRIDOR PROJ, GP 1098, TO CENTRAL ALLIED ENTERPRISES, INC FOR AMT NOT TO EXCEED $215,000; REQ $115,649 SUPP APPROP FR UNAPPROP BAL OF 2113 MUNICIPAL ROAD FUND TO 2113 MUNICIPAL ROAD FUND - OTHER, $146,691 SUPP APPROP FR UNAPPROP BAL OF 4506 INFRASTRUCTURE BOND FUND TO 4506 INFRASTRUCTURE BOND FUND - OTHER. - FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We now turn to First Reading Ordinances and Formal Resolutions for the first reading. Mr. Clerk, would you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCES #1 THROUGH #6 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,000,000.00 TO PROVIDE FUNDS TO MAKE A LOAN FOR ECONOMIC DEVELOPMENT IN THE CITY; AUTHORIZING RELATED MATTERS; AND DECLARING THE SAME TO BE AN EMERGENCY (HISTORIC HERCULES) Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($20,000.00 SUPP APPROP FR UNAPPROP BAL OF 2316 WIC SUPPLEMENTAL HEALTH FUND TO 2316 301001 WIC SUPPLEMENTAL HEALTH - 700 OTHER) Referred to Finance Committee COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -520- MINUTES OF THE MEETING OCTOBER 31, 2016 #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,129,322.00 SUPP APPROP FR UNAPPROP BAL OF 2314 FAMILY HEALTH FUND TO 2314 301001 FAMILY HEALTH - 700 OTHER) Referred to Finance Committee #4. (1ST RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE H.O.F. VILLAGE #2 ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee (COUNCIL RECESSED AT 7:42 P.M. FOR THE FINANCE COMMITTEE TO DISCUSS O#5 AND O#6; RECONVENED AT 7:44 P.M.) #5. (1ST RDG) ADOPTED AS ORDINANCE NO. 196/2016 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($33,500.00 APPROP TRF FR 1001 103001 GENERAL FUND - PERSONNEL TO 1001 103001 GENERAL FUND - OTHER) Referred to Finance Committee #6. (1ST RDG) ADOPTED AS ORDINANCE NO. 197/2016 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($26,000.00 SUPP APPROP FR UNAPPROP BAL OF 2328 PUBLIC HEALTH INFRASTRUCTURE FUND TO 2328 301001 PUBLIC HEALTH INFRASTRUCTURE - 700 OTHER) Referred to Finance Committee PRESIDENT SCHULMAN: And at this time the Chair would declare an in-house recess for the Finance Committee to meet in regard to Ordinances 5 and 6 on your agenda this evening. You’re now in recess. (RECESS) PRESIDENT SCHULMAN: Okay, Council will reconvene after its recess. Leader. MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to add Ordinances #5 and 6 back on this evening’s agenda. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add Ordinances 5 and 6 back on this evening’s agenda. Any remarks? Hearing none... COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -521- MINUTES OF THE MEETING OCTOBER 31, 2016 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: Motion carries. Leader. MEMBER MORRIS: Mr. President, I move we suspend Statutory Rules for Ordinance #5 and 6. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinances 5 and 6. Any remarks? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: Thank you. The motion carries. Leader, you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #5. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #5. Any remarks? Hearing none, voice vote please....voice vote... roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #5 ADOPTED AS ORDINANCE NO. 196/2016 PRESIDENT SCHULMAN: Thank you. Ordinance 5 is adopted. Ordinance #6, Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #6. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #6. Any remarks under this Ordinance? Again hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -522- MINUTES OF THE MEETING OCTOBER 31, 2016 #6 ADOPTED AS ORDINANCE NO. 197/2016 PRESIDENT SCHULMAN: Motion carries. Ordinance 6 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now go to Second Reading Ordinances and Formal Resolutions for their...Resolutions for their Second Reading. Mr. Clerk, will you please read Ordinance 7. 7 has been retained in committee. Sorry. Ordinance 8. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCES #8 THROUGH #20 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE #7 RETAINED IN COMMITTEE; ORDINANCES #18, #19, #20 ADOPTED ON 2ND READING): #7. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE DECLARING A DESIGNATED AREA OF THE CITY OF CANTON AS A TOURISM DEVELOPMENT DISTRICT FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO OHIO REVISED CODE SECTION 715.014; AND DECLARING THE SAME TO BE AN EMERGENCY #8 (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACTS WITH HABITAT FOR HUMANITY EAST CENTRAL OHIO IN AN AMOUNT NOT TO EXCEED $250,000.00 FOR THE CONSTRUCTION OF A MINIMUM OF SIX SINGLE-FAMILY HOMES FOR LOW- TO-MODERATE INCOME FAMILIES FOR THE HOME PROGRAM WITHIN THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY #9 (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $50,000.00 TO STARKMHAR FOR CENTRALIZED INTAKE AND ASSESSMENT PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY #10 (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($68.54 SUPP APPROP FR UNAPPROP BAL OF 2778 CANTON AUXILIARY POLICE FUND TO 2778 201001 POLICE ADMIN. - OTHER; $3,000.00 APPROP TRF FR 1001 101501 - OTHER TO 1001 204010 - OTHER) #11 (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($29,000.00 APPROP TRF FR 5410 206005 SEWER FUND - PERSONNEL TO 5410 206001 SEWER FUND - PERSONNEL) #12 (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $1,000.00 TO OHIO PEACE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -523- MINUTES OF THE MEETING OCTOBER 31, 2016 OFFICER TRAINING ACADEMY FOR FIREARMS INSTRUCTOR TRAINING; AND DECLARING THE SAME TO BE AN EMERGENCY #13 (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $577.89 TO THE OHIO TREASURER OF STATE FOR VARIOUS CLASSES POLICE OFFICERS ATTENDED; AND DECLARING THE SAME TO BE AN EMERGENCY #14 (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO RECEIVE THE 2016 COPS HIRING PROGRAM GRANT IN THE ESTIMATED AMOUNT OF $1,125,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY #15 (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ONE OR MORE PROFESSIONAL SERVICES CONTRACTS FOR DESIGN, ENGINEERING, CONTRACT ADMINISTRATION, AND OTHER PROFESSIONAL SERVICES; AND TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ONE OR MORE CONTRACTS FOR SUBSEQUENT ROOF REPAIRS FOR VARIOUS BUILDINGS AT THE WATER RECLAMATION FACILITY; AND DECLARING THE SAME TO BE AN EMERGENCY #16 (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A SOLE SOURCE PURCHASE AGREEMENT WITH CRAUN-LIEBING COMPANY FOR THE PURCHASE OF ONE PUMPING STATION CONTROL PANEL; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND TO 5410 206006 COLLECTION SYSTEMS DEPARTMENT - OTHER) #17 (2ND RDG) AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO CERTIFY TO THE COUNTY AUDITOR A LIST OF UNPAID AND DELINQUENT CHARGES FOR SERVICES PERFORMED BY AND/OR ON BEHALF OF THE CITY OF CANTON ENGINEERING DEPARTMENT, URBAN FORESTRY DIVISION; AND DECLARING THE SAME TO BE AN EMERGENCY #18 (2ND RDG) ADOPTED AS ORDINANCE NO. 198/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A LOAN AGREEMENT IN AN AMOUNT NOT TO EXCEED $2,000,000.00 WITH HISTORIC HERCULES, LLC IN ORDER TO PROVIDE GAP FINANCING TO HISTORIC HERCULES, LLC NKA BROADVIEW DEVELOPMENT FOR PHASE ONE OF THE HERCULES REDEVELOPMENT PROJECT; AUTHORIZING THE AUDITOR TO CREATE THE 1156 HERCULES REDEVELOPMENT PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AMENDING SECTION 182.013(C) AND WAIVING SECTION 1105.03(A) OF THE CODIFIED COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -524- MINUTES OF THE MEETING OCTOBER 31, 2016 ORDINANCES; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,000,000.00 SUPP APPROP FR UNAPPROP BAL OF 1156 HERCULES REDEVELOPMENT PROJECT FUND TO 1156 501001 HERCULES REDEVELOPMENT PROJECT - OTHER) #19 (2ND RDG) ADOPTED AS ORDINANCE NO. 199/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ALL CONTRACTS NECESSARY TO PURCHASE A SALT TRUCK FOR THE STREET DEPARTMENT; OR TO ALTERNATIVELY PURCHASE SAID VEHICLE PURSUANT TO ANY COOPERATIVE PURCHASING AGREEMENTS AUTHORIZED BY LAW; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($38,335.00 SUPP APPROP FR UNAPPROP BAL OF 2121 STREET MAINTENANCE FUND TO 2121 202210 STREET MAINTENANCE - OTHER; $33,750.00 APPROP TRF FR 2121 104010 TRAFFIC SIGN & PAINT - PERSONNEL, $915.00 FR 2121 104020 TRAFFIC SIGNAL - OTHER, $87,000.00 FR 2121 202210 STREET MAINTENANCE - PERSONNEL TO 2121 202210 STREET MAINTENANCE - OTHER - $121,665.00) #20 (2ND RDG) ADOPTED AS ORDINANCE NO. 200/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, AND EXECUTE A CONSTRUCTION CONTRACT; ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION ENGINEERING SERVICES; ENTER INTO CONTRACT MODIFICATION NUMBER 4 WITH ARCADIS FOR SHOP DRAWING REVIEW AND OTHER CONSTRUCTION RELATED SERVICES; AND AMEND ANY EXISTING AND/OR ENTER INTO ONE OR MORE NEW AGREEMENTS WITH STARK COUNTY REGARDING THE CONSTRUCTION AND FUTURE MAINTENANCE OF THE 12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, G.P. 1160; AUTHORIZING THE CITY TO ENTER INTO VARIOUS AGREEMENT(S) WITH STARK COUNTY AREA TRANSPORTATION STUDY, THE OHIO DEPARTMENT OF TRANSPORTATION, AND THE OHIO PUBLIC WORKS COMMISSION FOR AND TO RECEIVE GRANT FUNDS FOR THIS PROJECT; AUTHORIZING THE AUDITOR TO ESTABLISH AND CREATE THE 4581 12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, G.P. 1160; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($6,853,850.00 SUPP APPROP FR UNAPPROP BAL OF 4581 12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, GP 1160 FUND TO 4581 202091 12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, G.P. 1160 - OTHER; $1,500,00.00 SUPP APPROP FR UNAPPROP BAL OF 4581 12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, G.P. 1160 FUND TO 4581 202091 12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, G.P. 1160 FUND - OTHER; $273,297.00 SUPP APPROP FR UNAPPROP BAL OF 2123 MUNICIPAL ROAD FUND TO 2123 MUNICIPAL ROAD FUND - OTHER) COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -525- MINUTES OF THE MEETING OCTOBER 31, 2016 PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rules for Ordinances 18, 19, and 20. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinances 18, 19, and 20. Are there any remarks? Hearing none, roll call vote, please Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: The motion carries and the Ordinances are a legal part of your agenda. You’ve heard the three readings, Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #18. Any remarks? MEMBER MORRIS: Mr. President, I move we amend Ordinance #18 per a copy that all Council Members have in front of them. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance #18 per a copy before each Member of Council. Any remarks? Hearing none, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18, as amended. MEMBER SMITH: Second. AMENDMENT Pursuant to Rule 36, I move to amend Section 1 of Agenda Item No. 18 by including a new last sentence as follows: This loan is also specifically contingent upon the pledging of adequate security for the loan, including but COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -526- MINUTES OF THE MEETING OCTOBER 31, 2016 not limited to, a mortgage upon the premises and personnel guaranties from the principals in Broadview Development LLC. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance 18, as amended, are there any remarks? Just to reiterate, we thank you gentleman very much for your faith in the City and our citizens, and we wish you the very best. You know that. And I will reiterate again that we need a vibrant city around you and there are ways to do that and we need your help, believe me. Anything else, Leader. Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #18 ADOPTED AS AMENDED AS ORDINANCE NO. 198/2016 PRESIDENT SCHULMAN: Motion carries and Ordinance 18 is adopted. And again, best of luck to you. We wish you the very best. Anything we can do, you know we’ll be there. Ordinance 19. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #19. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #19. Any remarks under this Ordinance? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #19 ADOPTED AS ORDINANCE NO. 199/2016 PRESIDENT SCHULMAN: Thank you. Ordinance 19 is adopted. Ordinance 20, please MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #20. Any remarks under this Ordinance? Again, hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #20 ADOPTED AS ORDINANCE NO. 200/2016 COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -527- MINUTES OF THE MEETING OCTOBER 31, 2016 PRESIDENT SCHULMAN: Ordinance 20 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now turn to Third Reading Ordinances and Formal Resolutions for their Third Final Reading and Vote. Mr. Clerk, would you please begin with Ordinance 21. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ THE FOLLOWING ORDINANCES #21 THROUGH #28 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 201/2016 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (1812 20TH ST NE, BOSWELL) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #21. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 21. Any remarks? MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MORRIS: If I may, this particular project, I think we all remember...especially myself, Member Dougherty, and Member Smith caused the...there was a fire at this property caused the evacuation of a large area in the Northeast end of Canton and Member Dougherty was passing out blankets, him and Member Smith, and feeding people. And we stayed up all night and Mr. Boswell came in and took an EPA nightmare off the city’s hands. Cleaning this lot up and I’m definitely going to support this and I would just hope that the Administration would continue to work with Mr. Boswell so we can hurry up and get this project completed in a nice timely manner. And I’d like, if he were here, I’d congratulate him on what a great job he’s done. So, thank you and please support this for me. PRESIDENT SCHULMAN: Thank you Leader Morris. Any other remarks? Roll call please, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #21 ADOPTED AS ORDINANCE NO. 201/2016 PRESIDENT SCHULMAN: Ordinance 21 is adopted. Ordinance 22 please. #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 202/2016 AN ORDINANCE AMENDING COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -528- MINUTES OF THE MEETING OCTOBER 31, 2016 ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (CITY WIDE FOR HOF VILLAGE) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #22. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 22. Any remarks? NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #22 ADOPTED AS ORDINANCE NO. 202/2016 PRESIDENT SCHULMAN: Ordinance 22 is adopted. Ordinance 23, please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 203/2016 A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #23. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 23. Any remarks? Again, hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #23 ADOPTED AS ORDINANCE NO. 203/2016 PRESIDENT SCHULMAN: Ordinance 23 is adopted. Ordinance 24, please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 204/2016 A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE 77 GULLIVERS - 2414 FAIRCREST ST. SW ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -529- MINUTES OF THE MEETING OCTOBER 31, 2016 PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #24. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 24. Any remarks? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #24 ADOPTED AS ORDINANCE NO. 204/2016 PRESIDENT SCHULMAN: Ordinance 24 is adopted. Ordinance 25, Mr. Clerk. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 205/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO NEGOTIATIONS TO FORM A JOINT ECONOMIC DEVELOPMENT DISTRICT AGREEMENT IN SPECIFIC AREAS IN PARTNERSHIP WITH JACKSON TOWNSHIP; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #25. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 25. Any remarks? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #25 ADOPTED AS ORDINANCE NO. 205/2016 PRESIDENT SCHULMAN: Ordinance 25 is adopted. Ordinance 26, please. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 206/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO NEGOTIATIONS TO FORM A JOINT ECONOMIC DEVELOPMENT DISTRICT AGREEMENT IN SPECIFIC AREAS IN PARTNERSHIP WITH PERRY TOWNSHIP; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #26. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -530- MINUTES OF THE MEETING OCTOBER 31, 2016 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 26. Any remarks? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #26 ADOPTED AS ORDINANCE NO. 206/2016 PRESIDENT SCHULMAN: Ordinance 26 is adopted. Ordinance 27, please. #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 207/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH MICHAEL BAKER INTERNATIONAL FOR THE DESIGN AND RELATED ENGINEERING SERVICES FOR THE BURNHAM HILLS SANITARY SEWER REPLACEMENT PROJECT, GP 1220, AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #27. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 27. Any remarks? NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #27 ADOPTED AS ORDINANCE NO. 207/2016 PRESIDENT SCHULMAN: Ordinance 27 is adopted. Ordinance 28, please. #28. (3RD RDG) ADOPTED AS ORDINANCE NO. 208/2016 AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO CERTIFY TO THE COUNTY AUDITOR A LIST OF UNPAID AND DELINQUENT CHARGES FOR SERVICES PERFORMED BY AND/OR ON BEHALF OF THE CANTON STREET DEPARTMENT; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #28. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 28. Any remarks? Hearing COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -531- MINUTES OF THE MEETING OCTOBER 31, 2016 none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #28 ADOPTED AS ORDINANCE NO. 208/2016 PRESIDENT SCHULMAN: Ordinance 28 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcement of Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman. MEMBER MARIOL: Finance Committee will meet November 7th at 6:45. PRESIDENT SCHULMAN: Thank you. MEMBER BABCOCK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER BABCOCK: Personnel, same time, same place. PRESIDENT SCHULMAN: Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman. MEMBER WEST: Annexation, same time, same place. PRESIDENT SCHULMAN: Thank you. Anyone else? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER SMUCKLER: Mr. President. Number one, Mr. Law Director, you’ve seen my communication on there for grass cutting. This is boiler plate language you have to change. When can I expect a first reading of this Ordinance? PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: Mr. President, Member Smuckler. That’s, as you said, boiler plate. We’ll have the Ordinance next week. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -532- MINUTES OF THE MEETING OCTOBER 31, 2016 MEMBER SMUCKLER: Thank you. Number two. Normally I don’t get involved in public speaks but I, over the years, have realized that there’s a certain point where when someone comes down here often enough or something’s kicked around often enough, I at least feel I have to make a statement. In the past I’ve done it by going out because somebody kept coming down here about the Past Time Inn, the Hob Nob, whatever the case may be. I’ve showed up out there all sorts of hours of the night. Even though over the years some people have believed at one time or another that I write the newspaper...I don’t, but Mr. Preston last week, you came down and you asked some legitimate questions and I want to answer them on my behalf as a voting Councilman. Number one...it was erroneous about a gift to the Chamber of Commerce. That was not a gift to the Chamber of Commerce. That was published in the paper last week. City government is like an octopus and we have a lot of arms and tentacles that we get involved with for safety, for health, for a lot of other issues. Right now we don’t have an Economic Development Department other than what Mr. Williams and the Mayor are doing on their own. The Chamber is our Economic Development Department. That’s as I see it. We have to fend for some permanent, future revenue. We’re cut to the bone. There has been no one more police oriented than myself and some of the other Councilmen like Councilman Dougherty, when we passed for walking beats downtown; when we passed for bicycle patrols, but I’m also a realist to know that any future revenue is going to be done on an economic development basis. The people at the Chamber are hired annually. The problem is sometimes we don’t get to vote on them until October, after they’ve worked the whole rests of the year. Expecting Fonda Williams and the Mayor to do all the economic development in the future...I don’t think that’s a reality. I think the reality is we’re going to have to count on the professionals as I stated these last two weeks, to come down here and give us a helping hand. And that’s why I voted for the money. I will continue to support this based on the reports that they’re giving us on the people that they are bringing into town and again, I stress to you, this is no gift as reported by the paper. This is for work being done and the first time it’s not being done, I will scrutinize it as well as anybody else will, down here and not vote for it any longer. But as we continue to see results for permanent future revenue, I will continue to vote for this. Thank you. PRESIDENT SCHULMAN: Thank you, Member Smuckler. I’m going to follow up on what Member Smuckler said. You now, I’ve alluded to this before, we’ve all talked about it before. I’m so sick of being starved of (Inaudible) from the State of Ohio. Two billion dollars they’re sitting on. I say this almost every week and, you know, it’s not only they’re sitting on it but they are giving us the resources that we rightfully deserved ten years ago. So, when people come and say you’re squandering your money, you’re wasteful, that is such a crock. It’s just absolutely not true. The Mayor and his Administration and these City Officials have to gut through every single week to pay our bills and it is an outrage that the city...that the government in Columbus is sitting on two billion dollars. We’re literally getting the same amount of money that we got ten years ago. Nobody is able to achieve that. Nobody can grown under that circumstance. Nobody can prosper, which is why I was so highly commending the gentleman from Mr. Timken on down tonight. You know, they’re investing in our city. They’re putting a lot of money in our city. And what’s the State of Ohio doing to help us? Nothing. Not a...not one dime. So, I agree with Member Smuckler and I’m sure I’m speaking probably for everyone sitting here. It’s not fair and it’s terrible, and it’s killing us and there’s no reason. You know. When everyone...when we prosper, everyone prospers folks. It’s just that simple. So, I just hope that message will be heard. Any other remarks? MEMBER SMITH: Yes, Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: I hate to toot my own horn, but I just want everyone to know (Laughter)...I just want everyone to know that I was voted in President of the JJ’s Club last week. Thanks you. (Applause). PRESIDENT SCHULMAN: Congratulations Assistant Majority Leader. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -533- MINUTES OF THE MEETING OCTOBER 31, 2016 MEMBER SMITH: Thank you. PRESIDENT SCHULMAN: Anyone else? SAFETY DIRECTOR PERRY: Yes, Mr. President. PRESIDENT SCHULMAN: Yes. SAFETY DIRECTOR PERRY: I’d like to remind everyone and invite everyone...that on tomorrow we will be having our Downtown Safety Meeting at 10:00 a.m. at the Stark County Foundation meet...building at 401 Market Avenue. So again, that’s tomorrow at 10:00 a.m., the Stark County Foundation building, 401 Market, and that’s in the Goldsmith Room. PRESIDENT SCHULMAN: Thank you very much. Anyone else? Leader. MEMBER MORRIS: Thank God. I’m exhausted. That was one hell of a baseball game last night, and got up real early so...move to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: Well, all I want to...oh, I can’t say anything, but it is only 8:11. We did a pretty good job tonight but it feels... Ladies and gentlemen, good job and go Tribe, and... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: Good job, Mr. Clerk. Thank you everyone. Drive carefully. We’ll see you next week. (Gavel falls). ADJOURNMENT TIME: 8:11 P.M. ATTEST: APPROVED: KELLEN SHOWES ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM OCTOBER 31, 2016 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Robert Fisher, W ard 5 Council Mem ber PLEDGE OF ALLEGIANCE: President Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#5 and O#6; 2 nd Rdg O#8 - O#20; O#7 Retained in Com m ittee; O#5 and O#6 Adopted on 1 st Rdg; O#18 Adopted as Am ended on 2 nd Rdg; O#19 & O#20 Adopted on 2 nd Rdg) PUBLIC HEARINGS: 7:30 P.M. AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (PARCEL NO. 245571 LOCATED AT 1811 20 TH ST NE FROM R-2 (TW O FAMILY RESIDENTIAL) AND B-1 (OFFICE BUSINESS) TO PI-1 (PLANNED LIGHT INDUSTRIAL) FOR SCOTT AND CHRISTIE BOSW ELL IN W ARD 9. PLANNING COMMISSION RECOMMENDED APPROVAL) (NO SPEAKERS) O#201/2016 7:31 P.M. AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (APPROXIMATELY 74.2 ACRES W ITHIN THE BOUNDARIES OF FULTON RD NW TO THE NORTH, HELEN ST NW TO THE SOUTH, INTERSTATE 77 TO THE EAST, AND THE CITY CORP LINE TO THE W EST FROM CS (COMMUNITY SERVICE) & OS (OPEN SPACE) TO HOFV (HALL OF FAME VILLAGE) FOR THE HALL OF FAME VILLAGE DISTRICT IN W ARD 7. PLANNING COMMISSION RECOMMENDED APPROVAL) (NO SPEAKERS) O#202/2016 7:32 P.M. AN ORDINANCE DECLARING A DESIGNATED AREA OF CITY OF CANTON AS A TOURISM DEVELOPMENT DISTRICT FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT; PURSUANT TO OHIO REVISED CODE SECTION 715.014; EMERGENCY (NO SPEAKERS) SEE O#7 OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): None INFORM AL RESOLUTIONS: 63. COUNCIL-AS-A-W HOLE: STRONGLY OPPOSING THE ACQUISITION OF TIME W ARNER CABLE BY AT&T FOR $85,000,000,000. - ADOPTED COM M UNICATIONS: 400. COUNCILMAN SMUCKLER: REQ LEGISLATION TO RAISE ADMINISTRATIVE FEES OF MOW ING LAW NS ON VACANT PROPERTIES AND LOTS FROM $100 TO $200 PER MOW . - FINANCE COMMITTEE 401. DEPUTY MAYOR W ILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO TIF AGMT W ITH BROADVIEW DEVELOPMENT LLC TO PROVIDE REAL ESTATE TAX EXEMPTION AND TO AUTHORIZE THE AUDITOR TO MAKE PAYMENTS TO CANTON CITY SCHOOL DISTRICT AS REQUIRED PURSUANT TO ORC SEC 5709.82(C) (HERCULES). - FINANCE COMMITTEE 402. DEVELOPMENT DIR MILLER: AUTHORIZE ISSUE OF REQUESTS FOR PROPOSALS FOR PROP MGMT OF RENTAL UNITS, ENTER INTO CONTRACT UPON SELECTION OF QUALIFIED ENTITY; AUTHORIZE SALE OF PROP ELIGIBLE TO BE SOLD THRU ORC 721.28 UNDER COUNCIL’S URBAN RENEW AL AND DEVELOPMENT AUTHORITY. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 403. FINANCE DIR CROUSE: AMEND APPROP O#44/2016 ($72,558.77 APPROP TRF FR 1001 101501 CODE ENFORCEMENT - OTHER-$70,000, 1001 102080 POLICE TRAFFIC - PERSONNEL-$2,558.77 TO 1001 501101 HUMAN RESOURCES - PERSONNEL-$10,000, 1001 852001 TREASURER - PERSONNEL-$20,000, 1001 102001 POLICE ADMIN - OTHER-$40,000, 1001 102090 POLICE CRIME LAB - PERSONNEL-$2,558.77). - FINANCE COMMITTEE 404. LIQUOR CONTROL DIV (OHIO): REQ TRF C1, C2 PERMIT FR SUNNYS DRIVE THRU LLC TO SHAKHTRA HAYAKAYED LOCATED @ 1901 HARRISBURG RD NE (W ARD 9). - RECEIVED & FILED 405. MAYOR BERNABEI: REQ AUTHORIZATION TO PAY $6,500.00 STIPEND PER YR TO DIRECTOR OF HUMAN RESOURCES DURING TIME THAT SHE SERVES AS BOTH HEALTHCARE COORDINATOR AND HUMAN RESOURCES DIRECTOR (AMY SLATER). - FINANCE & PERSONNEL COMMITTEES 406. MAYOR BERNABEI: REQ AUTHORIZATION TO RE-APPT SUSAN ROSS TO CITY BD OF ZONING APPEALS COMMENCING 1/1/17 TO 12/31/19. - PERSONNEL COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - OCTOBER 31, 2016 COM M UNICATIONS CONTINUED: 407. SERVICE DIR BARTOS: AUTHORIZE AUDITOR TO PAY ONE OR MORE MORAL OBS RELATED TO MAHONING RD NE CORRIDOR PROJ, GP 1103 TO W ENGER EXCAVATING, INC. FOR AMT NOT TO EXCEED $280,000; AUTHORIZE AUDITOR TO PAY ONE OR MORE MORAL OBS RELATED TO 12 TH ST N CORRIDOR PROJ, GP 1098, TO CENTRAL ALLIED ENTERPRISES, INC FOR AMT NOT TO EXCEED $215,000; REQ $115,649 SUPP APPROP FR UNAPPROP BAL OF 2113 MUNICIPAL ROAD FUND TO 2113 MUNICIPAL ROAD FUND - OTHER, $146,691 SUPP APPROP FR UNAPPROP BAL OF 4506 INFRASTRUCTURE BOND FUND TO 4506 INFRASTRUCTURE BOND FUND - OTHER. - FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. PROVIDE FOR ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN MAXIMUM AGGREGATE PRINCIPAL AMT NOT TO EXCEED $2,000,000.00 TO PROVIDE FUNDS FOR LOAN FOR ECONOMIC DEVELOPMENT IN CITY; AUTHORIZE RELATED MATTERS; EMERGENCY (HISTORIC HERCULES) Referred to Finance Com m ittee 1 ST RDG 2. AMEND APPROP O#44/2016; EMERGENCY ($20,000.00 SUPP APPROP FR UNAPPROP BAL OF 2316 W IC SUPPLEMENTAL HEALTH FUND TO 2316 301001 W IC SUPPLEMENTAL HEALTH - 700 OTHER) Referred to Finance Com m ittee 1 ST RDG 3. AMEND APPROP O#44/2016; EMERGENCY ($1,129,322.00 SUPP APPROP FR UNAPPROP BAL OF 2314 FAMILY HEALTH FUND TO 2314 301001 FAMILY HEALTH - 700 OTHER) Referred to Finance Com m ittee 1 ST RDG 4. APPROVE STATEMENT OF SERVICES TO BE PROVIDED TO PROP OW NER IN HOF VILLAGE #2 ANNEX AREA, APPROX DATE SERVICES W ILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON BEING ANNEXED TO CITY OF CANTON, OH; EMERGENCY Referred to Annexation Com m ittee (COUNCIL RECESSED AT 7:42 P.M. FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCES #5 AND #6; RECONVENED AT 7:44 P.M.) 196/2016 5. AMEND APPROP O#44/2016; EMERGENCY ($33,500.00 APPROP TRF FR 1001 103001 GENERAL FUND - PERSONNEL TO 1001 103001 GENERAL FUND - OTHER) Referred to Finance Com m ittee 197/2016 6. AMEND APPROP O#44/2016; EMERGENCY ($26,000.00 SUPP APPROP FR UNAPPROP BAL OF 2328 PUBLIC HEALTH INFRASTRUCTURE FUND TO 2328 301001 PUBLIC HEALTH INFRASTRUCTURE - 700 OTHER) Referred to Finance Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD 2 ND RDG O#8 - O#20; O#7 RETAINED IN COMMITTEE; O#18 ADOPTED AS AMENDED ON 2 ND RDG; O#19 & O#20 ADOPTED ON 2 ND RDG) RETAINED IN COM M ITTEE 7. DECLARE DESIGNATED AREA OF CITY OF CANTON AS TOURISM DEVELOPMENT DISTRICT FOR PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT; PURSUANT TO ORC SEC 715.014; EMERGENCY PUB HRGS 10/31/16 @ 7:32 P.M . & 11/7/16 @ 7:30 P.M . (C&ED) 2 ND RDG 8. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CONTRACTS W ITH HABITAT FOR HUMANITY EAST CENTRAL OHIO IN AMT NOT TO EXCEED $250,000.00 FOR CONSTRUCTION OF MINIMUM OF SIX SINGLE-FAMILY HOMES FOR LOW -TO-MODERATE INCOME FAMILIES FOR HOME PROG W ITHIN CITY; EMERGENCY (C&ED & FIN) 2 ND RDG 9. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $50,000.00 TO STARKMHAR (STARK MENTAL HEALTH AND ADDICTION RECOVERY) FOR CENTRALIZED INTAKE AND ASSESSMENT PROG; EMERGENCY (C&ED & FIN) 2 ND RDG 10. AMEND APPROP O#44/2016; EMERGENCY ($68.54 SUPP APPROP FR UNAPPROP BAL OF 2778 CANTON AUXILIARY POLICE FUND TO 2778 201001 POLICE ADMIN. - OTHER; $3,000.00 APPROP TRF FR 1001 101501 - OTHER TO 1001 204010 - OTHER) (FIN) 2 ND RDG 11. AMEND APPROP O#44/2016; EMERGENCY ($29,000.00 APPROP TRF FR 5410 206005 SEW ER FUND - PERSONNEL TO 5410 206001 SEW ER FUND - PERSONNEL) (FIN) 2 ND RDG 12. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $1,000.00 TO OHIO PEACE OFFICER TRAINING ACADEMY FOR FIREARMS INSTRUCTOR TRAINING; EMERGENCY (FIN) 2 ND RDG 13. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $577.89 TO OHIO TREASURER OF STATE FOR VARIOUS CLASSES POLICE OFFICERS ATTENDED; EMERGENCY (FIN) 2 ND RDG 14. AUTHORIZE SAF DIR TO RECEIVE 2016 COPS HIRING PROG GRANT IN ESTIMATED AMT OF $1,125,000.00; EMERGENCY (FIN) CANTON CITY COUNCIL AGENDA - PAGE 3 - OCTOBER 31, 2016 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 15. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO ONE OR MORE PROF SERVS CONTRACTS FOR DESIGN, ENGINEERING, CONTRACT ADMIN, AND OTHER PROF SERVS; TO ADVERTISE, RECEIVE BIDS, AW ARD, AND ENTER INTO ONE OR MORE CONTRACTS FOR SUBSEQUENT ROOF REPAIRS FOR VARIOUS BLDGS AT W ATER RECLAMATION FACILITY; EMERGENCY (PPCI & FIN) 2 ND RDG 16. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO SOLE SOURCE PURCH AGMT W ITH CRAUN- LIEBING CO FOR PURCH OF ONE PUMPING STATION CONTROL PANEL; AMEND APPROP O#44/2016; EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEW ER FUND TO 5410 206006 COLLECTION SYSTEMS DEPARTMENT - OTHER) (PPCI & FIN) 2 ND RDG 17. AUTHORIZE CLERK OF COUNCIL TO CERTIFY TO COUNTY AUDITOR A LIST OF UNPAID AND DELINQUENT CHARGES FOR SERVS PERFORMED BY AND/OR ON BEHALF OF CITY OF CANTON ENGINEERING DEPT, URBAN FORESTRY DIVISION; EMERGENCY (FIN) AS AM ENDED 198/2016 18. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO LOAN AGMT IN AMT NOT TO EXCEED $2,000,000.00 W ITH HISTORIC HERCULES, LLC TO PROVIDE GAP FINANCING TO HISTORIC HERCULES, LLC NKA BROADVIEW DEVELOP FOR PHASE ONE OF HERCULES REDEVELOP PROJ; AUTHORIZE AUDITOR TO CREATE 1156 HERCULES REDEVELOP PROJ FUND; AMEND APPROP O#44/2016; AMEND SEC 182.013(C) AND W AIVE SEC 1105.03(A) OF CODIFIED ORD; EMERGENCY ($2,000,000.00 SUPP APPROP FR UNAPPROP BAL OF 1156 HERCULES REDEVELOPMENT PROJECT FUND TO 1156 501001 HERCULES REDEVELOPMENT PROJECT - OTHER) (FIN & JUD) 199/2016 19. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD, AND ENTER INTO ALL CONTRACTS NECESSARY TO PURCH SALT TRUCK FOR STREET DEPT; OR ALTERNATIVELY PURCH SAID VEHICLE PURSUANT TO ANY COOP PURCH AGMTS AUTHORIZED BY LAW ; AMEND APPROP O#44/2016; EMERGENCY ($38,335.00 SUPP APPROP FR UNAPPROP BAL OF 2111 STREET MAINTENANCE FUND TO 2111 202210 STREET MAINTENANCE - OTHER; $33,750.00 APPROP TRF FR 2111 104010 TRAFFIC SIGN & PAINT - PERSONNEL, $915.00 FR 2111 104020 TRAFFIC SIGNAL - OTHER, $87,000.00 FR 2111 202210 STREET MAINTENANCE - PERSONNEL TO 2111 202210 STREET MAINTENANCE - OTHER - $121,665.00) (PPCI & FIN) 200/2016 20. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD, AND EXECUTE CONSTRUCTION CONTRACT; ENTER INTO PROF SERVS CONTRACT FOR CONSTRUCTION ENGINEERING SERVS; ENTER INTO CONTRACT MOD NUMBER 4 W ITH ARCADIS FOR SHOP DRAW ING REVIEW AND OTHER CONSTRUCTION RELATED SERVS; AMEND ANY EXISTING AND/OR ENTER INTO ONE OR MORE NEW AGMTS W ITH STARK CO REGARDING CONSTRUCTION AND FUTURE MAINTENANCE OF 12 TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJ, G.P. 1160; AUTHORIZE CITY TO ENTER INTO VARIOUS AGMTS W ITH STARK CO AREA TRANSPORTATION STUDY, OH DEPT OF TRANSPORTATION, AND OHIO PUBLIC W ORKS COMMISSION FOR AND TO RECEIVE GRANT FUNDS FOR PROJ; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE 4581 12 TH NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, G.P. 1160; AMEND APPROP O#44/2016; EMERGENCY ($6,853,850.00 SUPP APPROP FR UNAPPROP BAL OF 4581 12 TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, GP 1160 FUND TO 4581 202091 12 TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, G.P. 1160 - OTHER; $1,500,00.00 SUPP APPROP FR UNAPPROP BAL OF 4581 12 TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, G.P. 1160 FUND TO 4581 202091 12 TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, G.P. 1160 FUND - OTHER; $273,297.00 SUPP APPROP FR UNAPPROP BAL OF 2113 MUNICIPAL ROAD FUND TO 2113 MUNICIPAL ROAD FUND - OTHER) (PPCI & FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 201/2016 21. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (1811 20 TH ST NE, BOSW ELL) PUB HRG 10/31/16 @ 7:30 PM 202/2016 22. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (CITY W IDE FOR HOF VILLAGE) PUB HRG 10/31/16 @ 7:31 PM 203/2016 23. ACCEPTING THE AMTS & RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR 204/2016 24. APPROVE STATEMENT OF SERVICES TO BE PROVIDED TO PROP OW NER IN 77 GULLIVERS - 2414 FAIRCREST ST SW ANNEX AREA, APPROX DATE SERVICES W ILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO CITY OF CANTON, OH; EMERGENCY 205/2016 25. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO NEGOTIATIONS TO FORM JOINT ECONOMIC DEVELOPMENT DISTRICT AGMT IN SPECIFIC AREAS IN PARTNERSHIP W ITH JACKSON TW P; EMERGENCY 206/2016 26. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO NEGOTIATIONS TO FORM JOINT ECONOMIC DEVELOPMENT DISTRICT AGMT IN SPECIFIC AREAS IN PARTNERSHIP W ITH PERRY TW P; EMERGENCY 207/2016 27. AUTHORIZE MAYOR OR SERV DIR TO EXECUTE PROF SRVS CONTRACT W ITH MICHAEL BAKER INTERNATIONAL FOR DESIGN AND RELATED ENGINEERING SRVS FOR BURNHAM HILLS SANITARY SEW ER REPLACEMENT PROJ, GP 1220; AMEND APPROP O#44/2016; EMERGENCY ($30,029.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SANITARY SEW ER FUND TO 5410 206318 BURNHAM HILLS SANITARY SEW ER REPLACEMENT PROJ, GP 1220 - OTHER) CANTON CITY COUNCIL AGENDA - PAGE 4 - OCTOBER 31, 2016 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: 208/2016 28. AUTHORIZE CLERK OF COUNCIL TO CERTIFY TO COUNTY AUDITOR A LIST OF UNPAID AND DELINQUENT CHARGES FOR SRVS PERFORMED BY AND/OR ON BEHALF OF CANTON STREET DEPT; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, November 7, 2016 in Council Caucus Room at 6:45 PM 1) Finance Com m ittee 2) Personnel Com m ittee 3) Annexation Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Sm uckler asked when he could expect the first reading Ordinance on his com m unication regarding fees for grass cutting. Law Director Martuccio said it would be next week. Mem ber Sm uckler addressed Henry Preston’s concern from last week’s public speaks. He said it was erroneous about a gift to the Cham ber of Com m erce which was published in The Repository last week. He explained that City governm ent is like an octopus with a lot of arm s and tentacles that gets involved with areas of safety, health and other issues, however currently the City does not have an econom ic developm ent departm ent. As he sees it, the Cham ber is our econom ic developm ent departm ent, and we m ust fend for perm anent future revenue. He explained that he and other council m em bers, such as Mem ber Dougherty, are very police oriented, but the reality is any future revenue will be done on an econom ic developm ent basis. He also explained that em ployees at the Cham ber are hired annually, but Council doesn’t get to vote on them until October. He believes we m ust count on the professionals for a helping hand. These are the reasons he voted for the m oney, and he will continue to support it. He again stressed this is no gift, it is for work being done, and the first tim e it is not done, he will scrutinize it and no longer vote for it. President Schulm an agreed with Mem ber Sm uckler, and expressed again that he is sick of being starved for resources from the State. They are not only sitting on two billion dollars, but are giving us the resources rightfully deserved ten years ago. Nobody can grow and prosper under those conditions. He stated that the City is not squandering m oney, yet the State is doing nothing to help us. He believes that when we prosper, everyone prospers. Mem ber Sm ith announced that she was recently voted President of the Jefferson Jackson Club. President Schulm an congratulated her. Safety Director Perry rem inded everyone about the downtown safety m eeting Novem ber 1 st at 10:00 A.M. at the Stark Com m unity Foundation, 401 Market Avenue North, in the Goldsm ith Room . ADJOURNM ENT: 8:11 P.M. NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, NOVEM BER 7, 2016 @ 7:30 PM

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