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City Council

Regular Meeting

Canton, OH · June 4, 2018

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Minutes

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -333- MINUTES OF THE MEETING JUNE 4, 2018 PRESIDENT PRO TEM SMITH: Good evening. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call please, Mr. Clerk. ROLL CALL TAKEN BY CLERK DOUGHERTY: 12 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, COREY MINOR SMITH, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT. (PRESIDENT SCHULMAN ABSENT) CLERK DOUGHERTY: Twelve present, Madam President. EXCUSING MEMBERS PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we excuse President Schulman from tonight’s meeting. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to excuse President Schulman from this evening’s meeting. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. PRESIDENT PRO TEM SMITH: Thank you. The motion carries and President Schulman is excused from this evening’s meeting. We will have the invocation given tonight by At-Large Member...Babcock. The regular meeting of Canton City Council was held on June 4, 2018 at 7:00 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, David R. Dougherty. The invocation was given by Ward 6 Council Member, Kevin Hall. The Pledge of Allegiance was led by President Pro Tem Smith. AGENDA CORRECTIONS & CHANGES PRESIDENT PRO TEM SMITH: We’re now under Agenda Corrections and Changes. Leader. MEMBER BABCOCK: Madam President, I move Rule 22A be suspended to add 2nd Reading Ordinances 12 through 21. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinances 12 through 21 to this evening’s agenda. Are there any remarks? Hearing none, roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -334- MINUTES OF THE MEETING JUNE 4, 2018 CLERK DOUGHERTY: Twelve yeas, Madam President. PRESIDENT PRO TEM SMITH: Thank you. PUBLIC HEARINGS PRESIDENT PRO TEM SMITH: At this time we will have... uh, are the Public Hearings. We do have a Public Hearing, and it is an Ordinance amending Chapter 1123. CLERK DOUGHERTY: AN ORDINANCE AMENDING CHAPTER 1123, DEFINITIONS OF TITLE FIVE AND AMENDING CHAPTER 1141, R-4 MULTI-FAMILY RESIDENTIAL DISTRICT OF TITLE SEVEN OF THE CODIFIED ORDINANCES OF CITY OF CANTON PRESIDENT PRO TEM SMITH: Is there anyone here in the audience wishing to speak for or against this zon... zon... Zone Change, excuse me. If you will come forward. Once again, is there anyone in the audience... you wishing to speak? RENEE PILONE: Uh, against, please. PRESIDENT PRO TEM SMITH: Okay. Would you please... LAW DIRECTOR BATES-AYLWARD: Can I... I just want to clarify something. This is what we talked about earlier in committee meetings. This continues the process of it being, just want everybody to be clear, in R-4's as a conditional use. So you’re either for it being in an R-4 as a conditional use, or against it being in R- 4's as a conditional use. I just want to clarify for everybody. RENEE PILONE: Yep, I got it. I have a handout. PRESIDENT PRO TEM SMITH: I have one question first. Did you sign up for Public Speaks? RENEE PILONE: Uh, I did, but I think that everybody here who signed up for Public Speaks is actually intending to speak during this portion. They just weren’t aware that they don’t have to sign up for the Public Hearing. PRESIDENT PRO TEM SMITH: Okay. Could you please state your name and address. RENEE PILONE: Sure. My name is Renee Pilone, and I own 1224 19th Street NE. I appreciate the opportunity today to speak about Airbnb. Since the issue of Airbnb has been in the public eye, I’ve heard many inaccurate statements made. No, I do not run a Bed and Breakfast, and no, I don’t want to pave over my neighbor’s yard for a parking lot. I own a single family home in a single family residential area, and I rent out that home to a single family. There is nothing limited about my lodging. As I’ve explained the concept of Airbnb’s to citizens, I’ve often heard, oh, that sounds like when I rented a vacation home in Myrtle Beach or Florida. Indeed, just as you’d expect a vacation rental at the beach to be decorated with sea shells and flip flops, people visiting Canton want to stay in an authentic home for this area. I own a historic home close to the downtown area. It is well maintained, and with the money I earn from Airbnb I am restoring it. My family has lived in this area since 1849, and I’ve filled my home with mementos collected during our multiple lifetimes COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -335- MINUTES OF THE MEETING JUNE 4, 2018 here in Canton. I’ve received many favorable reviews on Airbnb for my unique home. I know that you aren’t surprised that people are coming here because the City’s efforts to increase tourism are working, and the City should want some of these visitors to stay in Airbnb. Data shows that Airbnb attracts new visitors who stay twice as long as traditional tourists, spend more on local businesses, and are more likely to re... be return guests to our city as a result of the experience. The current proposed regulation, however, is unfair to single family honoser... homeowners as it would only allow vacation rentals in large buildings and multi-family zoning districts such as the Onesto. The Council has put a tremendous amount of political capital into the development of the Hall of Fame Village. Why then would you eliminate places for tourists to stay? Especially as we enter the summer vacation series... season, and just a few short weeks away from the Hall of Fame Festival. By eliminating Airbnb’s you’d be saying to potential visitors everywhere, “when we said visit Canton we didn’t mean you should spend the night.” I am in favor of reasonable regulations on vacation rentals. I believe that Airbnb could be registered similar to the rental property registration that the City does now that requires paying a fee and having an inspection. This would insure that a property is safe and would also generate an additional revenue stream for the City. Requiring registration would also make it easy for the City to see who is renting on Airbnb, and there are more than just six. If those hosts don’t maintain their home or cut their grass, the City knows where to find us. I would ask that the proposed Ordinance be rejected. PRESIDENT PRO TEM SMITH: Thank you, ma’am. (Applause) Is there anyone else wishing to speak for or against. ROSEMARY BURKHART: I guess first of all my only question is, all the people that signed up, most of them want to speak on this, so should they speak now or should they wait? PRESIDENT PRO TEM SMITH: You can speak now. ROSEMARY BURKHART: Well, I’m gonna wait for the rest of them. I’m at the end of the list. PRESIDENT PRO TEM SMITH: Could you please state your name and address, sir. PATRICK GERBER: Yes, my name is Patrick Gerber. I live at 1258 11th Street NW. Um, we, my wife and I, have been Airbnb hosts since we moved into our home in the fall. Uh, Airbnb’s one of the ways we were able to buy our home, and our goal with the money we raised was to improve our home and eventually save enough money that we could become foster parents. Um, one thing I want to do today, and I want to make sure I do it right up front is, I’m gonna turn this way cause I want to apologize (inaudible) who are here who didn’t get spoken to about this, feel hurt by this, feel caught off guard by this. Uh, that was no one’s intention. Uh, I think there’s been a lot of lack of communication which my wife and I take responsibility for, for our neighborhood. Um, and I think there’s been a lot of misinformation, which I’m gonna turn back this way to talk about. Um, our experience with Airbnb’s have been overall extremely positive. We use it as a way to improve our neighborhood. Uh, my wife and I previously lived in Perry and we moved into Canton cause that’s where our church is and that’s where our community is. Um, the money we made off our first Airbnb is what allowed us to move into Canton, which is probably not something you hear from Perry residents very much. Um, and our goal in doing this was never to undercut the system, but I think the fact that we’re at four meetings can say that maybe we weren’t that clarified on the rules in the first place. Um, I think Airbnb would be a benefit to the City. I think it’d be a benefit to neighborhoods. When you have people staying in your home and you are owner occupied, it’s a huge benefit because we are there raising money for our homes, for our neighborhoods. The house I lived in sat empty for three years until we bought it, and now if you drove by COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -336- MINUTES OF THE MEETING JUNE 4, 2018 my house right now you’d see flowers out front that my wife has put it, and if you walked in my front door you’d see total renovation. That’s because of that money. Now that’s my perspective on it, but I can absolutely understand the perspective of neighbors who say I don’t know who these people are, this is a little different. But as I said last time I spoke to you, my grandfather actually stayed in Canton when he went to Canton Business College in the 1940's, and he stayed at a... with a family that lived on Shorb. It wasn’t a hotel, wasn’t a rental, he just stayed with a family. So this is something that’s been in our communities for a long time. I think we’re just wrestling with the fact that it’s on the Internet. And that’s a little different. Um, what I want to wrap up by saying is this. Um, I would encourage the... to say that this proposal, neither yea nor nay, does not go far enough. You’re not really addressing the issue. Um, if we want Canton to be a tourist destination, we want the neighborhoods to work well, we need to do some more studies. So I encourage it to be pushed back to the Planning Commission, and I encourage the neighbors here with Airbnb interests to continue the conversation of what are our concerns, why are we doing this, cause I feel like those conversations have not happened enough, and what we’ve been doing is talking on either side. So I’m here today to say a little bit more like we need to communicate better. Uh, we need to be better neighbors, and that’s my goal, and I hope that’s everyone’s goal here. So, thank you. (Applause) PRESIDENT PRO TEM SMITH: Thank you, sir. KIM HORTON: Hi, my name is Kim Horton. I live at 1263 11th Street NW and have been a resident of Westpark Neighborhood for eighteen years. This neighborhood was deed restricted to single family dwellings and no businesses. I’m opposed to the opening of a business in the form of an Airbnb in my R-1A neighborhood, that’s the 1258 11th Street one. Uh, big problem I have is parking. Most homes on 11th Street have a shared drive, two par... two places in front of their homes to park. Currently, Mr. and Mrs. Gerber live at 1258 11th Street with their two house mates. That makes four people, four cars. The wife uses the shared drive. The other three use the street, which means that one of them is always parked in front of somebody else’s home. Um, uh... so where... so then whenever it comes to the other people, homeowners, where do they park? Where do their company park? And my big question is if this parking is already like this, a problem, where are their Airbnb guests gonna park at? I guess in front of someone else’s home, like they’re doing now. Um, I just ask that you think of the neighbors when you decide for your vote, and I... I personally am affected because I live straight across the street from it. And I’d like to rebut something he said. The home he bought was not empty for three years. There was people living in that home less than three years. PRESIDENT PRO TEM SMITH: Thank you so much, ma’am. (Applause) PAT SILAGY-WESSON: My name’s Pat Silagy-Wesson, and I intended to speak at Public Speaks. This is all a little confusing this evening with ordinance and zoning and such, but I’ll... I’ll say what I was going to say a little later on. I’m here tonight with some of my Market Heights neighbors who are working hard to keep our properties attractive and our property values up and at market rate. We represent long term residents in this city, mostly homeowners here tonight, but we have many long term renters also in Market Heights. We are here tonight to support the current recommendation as I understand it from the City Planner. Um, this is one of the reasons why we have a Comprehensive Plan and a City Planner. We are here to support what’s already been approved by the Planning Commission, and we are here to ask you to continue limiting Airbnb’s to R-4 zoning and not permit short term rentals in single family residential areas. We live here. We live here full time, all the time, and for a long time. We work here, we volunteer here, and we vote here. We have had zoning challenges in Market Heights in the past. Now, I understand no one is suggesting a zoning change in single family residential, we are R-1. However, we have certainly faced challenges in the past when COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -337- MINUTES OF THE MEETING JUNE 4, 2018 somebody... when people have sought to reinterpret, redefine, say this is a new idea. So that makes us a little sensitive and a little defensive on this issue. We are asking you to support stable, attractive, affordable single family neighborhoods like ours. There’s plenty of room all over this city for multi-use and various combinations. Stick with us and keep the Airbnb’s in the R-4 business or commercial use. Thank you. PRESIDENT PRO TEM SMITH: Thank you. (Applause) Excuse me, before you speak, sir. Ma’am, what you were going to talk about, I know you signed up and you said that you would speak about it later, so you just completed what you was gonna say? PAT SILAGY-WESSON: Yeah, pretty much. PRESIDENT PRO TEM SMITH: Okay, thank you. RAY RONEY: I’m in the same boat. I’d signed up... PRESIDENT PRO TEM SMITH: Okay. RAY RONEY: ...for Public Speaks. The only other thing I wanted to talk about was speeding other than the Airbnb. My name’s Ray Roney and I live at 1624 Monument Road. I just found out I’d been doing it all wrong. I could have rented my house out to pay for the renovations instead of working hard and putting that money in savings and paying for the renovations to my house. I just put in new sidewalks, siding, gutters, and having a lot of work done to my house. We already have... I’m in Westpark. We already have one house that’s affecting the neighborhood. How many others are gonna come in and affect our neighborhood? I’ve been living in this place for fifteen years and I like it because it is residential single house. We have rental properties around the corner. We constantly are having problems with it. As far as I’ve seen on Airbnb, they do not do any kind of background checks. As far as I know, all you need is a credit card, an email address and a phone number to rent a place. So you’re gonna have strangers running around in our neighborhood. You’re not gonna know if they’re renting a building or a house, having a party, or there to case the place and rob us. I say we keep it as it is. I’ve lived in this property for fifteen years and plan on dying there, which probably will be soon, and I want it left as is. Thank you. PRESIDENT PRO TEM SMITH: Thank you. (Applause) GUS PIROVOLAS: My name is Gus Pirovolas. I have signed up for the Airbnb Public Speaks. I live two houses away from an Airbnb. Uh, the house in question is 317 32nd Street. I knew there was a moratorium on this house, and unfortunately over the Memorial Day weekend this person chose to have people from Vermont and North Carolina, five cars total, in that... uh, uh, place. Uh, I... I think what hap... what’s happening here after reading a form on Facebook was there’s two camps. One camp is like myself who wants to keep the status quo, keep it like it is, no multiple homes, no... no houses like Airbnb. Plus also there’s a problem in... in Market Heights where there’s homes being rented out to students from Malone College that hasn’t really been brought up either. So, we have a multiple... multiple problems in... uh, in Market Heights. But I think we should keep it... keep the status quo the way it is. Uh, I have nothing against the young lady other than the fact that she’s thumbing her nose to the City Council and to the Law Department, and after a conversation with the... with one of the law people who called me the other day, he didn’t seem to under... think that was a big deal that he... uh, that she rented it out to people, you know, against this moratorium. So the bottom line is I think we should keep it the way it is, and I think... uh, I’ve lived in this neighborhood for thirty-five years and COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -338- MINUTES OF THE MEETING JUNE 4, 2018 I’d like to stay there and keep the status quo and the peace and quiet just the way it is. Thank you. PRESIDENT PRO TEM SMITH: Thank you. (Applause) Is there... SUSAN GREENE: Mr. Chairman, Councilmen, thank you for giving me the opportunity to speak this evening. My name is Susan Greene and I moved to Canton almost four years ago. And you guys offered me... PRESIDENT PRO TEM SMITH: Excuse me, Susan. SUSAN GREENE: Oh, I’m sorry? PRESIDENT PRO TEM SMITH: Is your address 1226 11th Street? SUSAN GREENE: 12... yes, ma’am. I’m sorry. PRESIDENT PRO TEM SMITH: Thank you. Oh, that’s okay. SUSAN GREENE: 1226 11th Street NW. And you guys gave me a really fantastic opportunity that I could get money as a down payment on my house, but I had to jump through hoops to get it and I did. I made it. And it was just the most wonderful blessing that ever happened to me in my life to be able to get my own house, okay? I was told this was a single family residence, which that’s what I was looking for. I was looking for an older quiet neighborhood because I had rented all my life. I’ve had to put up with the kids screaming and loud parties. I wanted to get... I’m getting older, I want to go into a peaceful neighborhood. So I found this neighborhood and they told me that’s exactly what it is. And now I feel deceived because now this is going on and the people that moved in, they didn’t even make us aware of what’s going on. All we know is there’s all these cars and people coming in and out. We didn’t know, you know, is this... is this sexual? Is it... is it drugs? What’s going on? They wouldn’t explain anything. We’re all wondering what’s going on, the neighbors are asking. And without the background checks, we have children in our neighborhood. So, you know what, if any of these people that live here, even short term, it doesn’t matter. We don’t know if they’re pedophiles, we don’t know if they’re child molesters. We’re just taking the word of the person that moved in that doesn’t even speak to anybody in the neighborhood until now because he wants us to accept what they’re doing, but it’s kinda late now. And I just feel deceived because I was really happy about moving into this house. I had to live here for five years. If I move out sooner than that I have to pay the money back that I’m getting from Canton. And I took this test, it was supposed to be an eight hour test, it took me like four days to do it on line. And I wanted the house so bad, I tried so hard. Now I just feel deceived by this city that they said we want good people in Canton, okay, so they said be a good neighbor, be considerate of your neighbors, make sure your lawn is mowed, make sure if you take your dog for a walk that you’re cleaning up the mess, which I do do. I try to do everything to be a good neighbor, and now I have people in the neighborhood that I don’t even know. I don’t know what’s going on, and it makes me feel like okay, so what’s gonna happen to the value of my house? I’m putting money into my house. I’m... I’m making improvements in my house. And if I ever had to move out down the road, am I gonna get the money that I put into it? I kinda wonder because I don’t want to be in a business area, I want to be in a residential area. If I knew this, I would have never bought this house if this is what’s gonna happen. I’m very disappointed in Canton. I lived in North Canton and I moved to Canton hoping that, you know, I wanted to improve this city and do things to help Canton. I worked at the homeless shelter cutting hair for the homeless women and children for fourteen years, and I want to do more when I retire. But I just feel very disappointed. I feel let down by Canton, and I just hope that it remains the same. I COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -339- MINUTES OF THE MEETING JUNE 4, 2018 will feel very let down if you allow the Airbnb. Thank you for letting me speak. PRESIDENT PRO TEM SMITH: Thank you. (Applause) JOHN GREEN: Hello, my name’s John Green. I live at 1230 11th Street NW. I’m kinda confused why it’s even gotten to this place. With the laws already on the books, they shouldn’t have opened an Airbnb in the first place. Um, is it a good idea, bad idea with... it was owner occupied and it was one room and it was temporary, maybe, but that’s beside the point now. The laws that we have, according to the Law Director, this is illegal. So, I like a nice quiet neighborhood. I don’t want a business in my neighborhood, and I would appreciate it if you would, you know, take that into consideration with your vote. Thank you. PRESIDENT PRO TEM SMITH: Thank you, sir. (Applause) Is it... did you sign up to speak, sir? (Chuckles) Is... she’s coming. UNIDENTIFIED VOICE: Chris. MARJORIE BURKHART: The Council Members. Susan, Susan, to the Council People. We have an additional set of petitions... PRESIDENT PRO TEM SMITH: Excuse me, ma’am. Could I have your name and address, please. MARJORIE BURKHART: Yes. My name is Marjorie Burkhart. My address is 1253 11th Street NW in Canton. I live directly across from the home at 1258 11th Street NW which appeared as an Airbnb in The Canton Repository on April 9th this year. We were absolutely blindsided that that was going on. We knew something was not right, but we had no idea. We, the neighbors, do not approve of this illegal activity which totally disregards and shows disrespect for our present zone, R-1A single family residences. I am here this evening representing twenty more people in the Westpark Neighborhood, bringing us to a total of seventy- seven people who have signed a petition requesting the R-1A zone for singly family residences be upheld, and that no business, no business, be allowed to supercede this ordinance, meaning no exceptions and no contingencies allowed. And please do not postpone, postpone, postpone. We have put up with it less than a year. We don’t want it. I have presented these additional signatures to John Mariol, who will see me afterwards for them, he’s the Chairman of the Judiciary Committee, and a copy to each of you. We are asking each of you as our representatives of Canton City Council to support us on this issue as we strongly believe that the single family residences contribute to the stability in our city, which is vitally important, especially since we are dealing with so many issues near our area. Are you listening to us? The Westpark Neighbors? Are you really hearing what we are saying? Or do you have your own opinion for other reasons? Hopefully you have heard us and are taking our concerns to heart when making this decision. Please, please retain and enforce zone R-1A as single family residences with no businesses, no exceptions, and no contingencies in our Westpark Neighborhood. And please do not postpone, stall it off, because we are losing respect if you do. We do appreciate your respect and support in this matter, and we want to keep our single family residences in R- 1A. Thank you for your time. PRESIDENT PRO TEM SMITH: Thank you. (Applause) AMIAH LIVINGOOD: Hello, my name is Amiah (pronounced Uh-my-uh) Livingood. I live at 1654 Cleveland Avenue NW. PRESIDENT PRO TEM SMITH: Excuse me once again. Could I have your name again? COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -340- MINUTES OF THE MEETING JUNE 4, 2018 AMIAH LIVINGOOD: Amiah Livingood. PRESIDENT PRO TEM SMITH: Okay. AMIAH LIVINGOOD: I’m fifteen years old. I’m going to be eighteen in three years. I’m hoping to stay in Canton, but I cannot afford to live in a house, I cannot afford to buy a house. So I have to rent. And you guys are pushing... not you guys, but the opinion is to push renters over to Shorb Avenue. I’m sorry, but that is in my opinion a huge dangerous place, and I’m not going to live there. There isn’t any other opportunities in other states where I could go, but I’ve lived in Canton for about five years now and I like to call it my home. You know, when they first started with the locomotive, people were scared about it. When they first started with auto... cars, people were scared about it. It was change. People don’t like change. They like to sit in their little comfort zone. But now that we see that it’s a good thing, people love it, people buy them everyday, people use them. When you have multiple family houses, that is giving more tax money to you, to the City of Canton, to use for the things like paving the roads, making the parks better, making more parking spaces for people who have to park on the street. Why do you want to take those away? Because people are parking on the street? Because some people aren’t okay with some... um, my age or older people like they then... that they don’t know. I didn’t know that I had to make it aware to other people that I was going to be living in an apartment. I did not know that I had to go up to other people and tell them, hey, I’m not a pedophile, I’m not going to have parties, I’m not going to get drunk and vandalize, you know, your house or your yard. Because it’s trust that it’s not clearly a person who’s renting out that house is hopefully using background checks. But why is it anybody else’s business what they do? Whether it’s sexual, it’s not mostly drugs. I’m sorry, but using multiple family houses are bringing more people into Canton. They’re showing more people, hey, you know, we want more people to live here. You don’t have to buy a house to live here. You can rent one. You can see if you like Canton and then choose to buy a house. But we’re not gonna make you outright use a whole five year plan to see if you like it here. That is all. (Applause) PRESIDENT PRO TEM SMITH: Thank you. Is there anyone else speaking for or against? JAN KENNEDY: You’ll have to excuse me. I didn’t realize how to sign up, so is it okay? PRESIDENT PRO TEM SMITH: Oh, you okay, sir. This is for the Airbnb. You didn’t have to sign up unless it was for Public Speaks. JAN KENNEDY: Very good. PRESIDENT PRO TEM SMITH: You’re okay. JAN KENNEDY: Thank you very much. Um, as former Repository... PRESIDENT PRO TEM SMITH: Could I have your name and address? JAN KENNEDY: Ah, yes. Jan Kennedy, 144 Bark Road SW, Dellroy, Ohio. PRESIDENT PRO TEM SMITH: Thank you. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -341- MINUTES OF THE MEETING JUNE 4, 2018 JAN KENNEDY: Uh, lived in Canton, worked at The Repository for many years, so I’ve got about five decades of interest in... in the City. I followed this in the paper and I have a lot of concerns about it. First thing that strikes me tonight is that there’s a lot of confusion. In over years of reporting that tells me that apparently we don’t have an ordinance that really is an ordinance yet. We’re getting there maybe, but if there’s that much confusion, you don’t really have this ready yet. So I’m not here for or against anything. But I do have an Airbnb. I met with Mr. Smuckler, who I’ve known for years, asked him about this, I gave him this book. You can tell a lot about people by what they read. These are people who have stayed at my place. Everyone of them has been wonderful people, and as far as... someone mentioned property values. Go on Airbnb, go on VRBO Home Loan. Look at all these places. If you have a rough looking place, you’re not gonna get anybody. I put about five thousand into my place to make it look better. I hate planting flowers. I’m planting flowers. They enrich a neighborhood as far as the look. As far as who’s coming in, who’s coming out, I agree with what the girl said. How many people before tonight from any of these neighborhoods knew their neighbor ten story... ten houses down? (Inaudible voices from the audience) How many? (Inaudible voices from the audience) They do now, but how many did? (Inaudible voices from the audience) I lived in Canton... PRESIDENT PRO TEM SMITH: Excuse me, excuse me. (Gavel falls) JAN KENNEDY: I lived in... PRESIDENT PRO TEM SMITH: We would not having this speaking out. Please give him the respect. JAN KENNEDY: Yes. I lived in Canton for like thirty-five years, and I knew that people in like a block and a half would take me down two or three blocks, I might know one person down there, but I didn’t know the rest. And that’s really beside the point. A lot of these people... I have two friends where I learned about this who went to Florida, they struggled, I don’t know how they’d have got by if they wouldn’t have got Airbnb. And a lot of the people that come to my house come with problems. They need to get away. They left me notes here saying, you know, I came here, I spent some time, I walked through your trail, through your woods and stuff, and I know what I gotta do now. It’s therapeutic. Did that help the people that lived next door? No, I’m not saying it does. But I know one thing that I have learned through history lessons and through reporting. This country works best... when all the problems of the many and the problems of the few conflict, it works best when there’s a spirit of compromise. We’re seeing what happens when you don’t have it in Washington right now. I’m saying right here, nobody should get everything. You make compromises. What I told Bill is maybe make it conditional use, maybe only ten days, so the people who don’t want them, they get twenty days without anything, the guy who needs the money to help buy pills, he gets ten days. But I think you need to go back to the Planning Commission and... and come up with an ordinance that everybody can agree on. You’re not always... no one’s gonna get all the things they want... PRESIDENT PRO TEM SMITH: Thank you, sir. JAN KENNEDY: Compromise. PRESIDENT PRO TEM SMITH: We appreciate you. (Applause) CAROL BURT: Uh, my name is Carol Burt and I live at 318 34th Street NW in Market Heights. I’ve lived in this neighborhood for forty-two years. I have many friends sort of tease me, why are you still living in the City of Canton? I live here because I love it. We do know our neighbors in Market Heights. I know almost every family that lives there. They all watch out for one another and we care about one another. This is not about not COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -342- MINUTES OF THE MEETING JUNE 4, 2018 having Airbnb’s, but we do not want them in a residential area where people have worked for years and put many dollars into our homes to keep them they way they are. I just hope that you don’t change the rules. We’re not asking for anything to change, we just want you to follow the laws that you made and keep residential residential. Please keep us in mind. There are many people back here that... we haven’t lived there five years or six years. We’ve been here thirty-five, forty, forty-five years, and we don’t want to move out to the suburbs. We love Canton. Thank you. (Applause) PRESIDENT PRO TEM SMITH: Thank you. ROSEMARY BURKHART: I’m Rosemary Burkhart. I live in the Mt. Vernon area, 2238 34th Street NW. So, this isn’t happening specifically... You can’t hear me? Oh, did you get the address and everything? It’s the Mt. Vernon area. PRESIDENT PRO TEM SMITH: Yes, ma’am, we have it. Thank you. ROSEMARY BURKHART: Okay. Um, I wanted to stay till the end because I wanted to listen to both sides of this. But I really hear a lot of people saying, you know, we’ve worked hard for a long time to... with neighbors that we’ve known for a long time. And I know my neighbors, I know a lot of my neighbors. Mr. Schulman’s about six houses down from me, okay, and the Law Director moved in next to him. I haven’t met her formally, but I know the people around me, and I don’t particularly think it’s fear, I don’t want to keep students out, that type of thing. But I think sometimes when you... the person, I can’t remember who gave the invocation at the beginning, talked about the, you know, school shootings and everything, I think one thing that’s missing in our country is stability. You know, and there is stability when you have people you know and people that talk to each other, neighbors that are, you know... and once you get this in and out, and I’m sorry for Patrick because I don’t know him. He wanted to introduce himself tonight, and I said, do you know if I’m a neighbor of yours or not? And he goes I’m sorry, but I don’t. I think what was kinda bad for some of these neighbors is they read it in the paper. You know, he’d been there for, I don’t know, quite awhile I guess, and they read it in the paper. So, I think sometimes we just have to be up front with people, tell people what’s going on, and then we have to deal. You can’t deal with something if you don’t know what’s going on. So, thank you. PRESIDENT PRO TEM SMITH: Thank you. (Applause) REBECCA KEMPTHORN: Hi, my name’s Rebecca Kempthorn and I live at 3828 Harvard Avenue. I’ve lived in the city since 1977. During that time I’ve had three break-ins and let’s see, three years ago or so somebody was murdered right around the corner. The lady next door was having an affair for several years, but now she’s gone. And the lovely people across the street, who are such darling Catholics, take in every relative that’s having problems. But you know, I stayed there because that’s life. Sometimes life is messy and we can’t control... we don’t... I don’t know, maybe one of you have... maybe someone here has had an affair or... or let in a person who was having problems. We took in a homeless girl from the city so she could finish high school. We did it for five months. She was over eighteen so there was no social work involved. But that’s the messiness of life and it’s how we love each other and accept each other. I’m not gonna police my neighbors and say, are you having an affair and doing it in your home while your husband’s at work? I’m not gonna move out of the city with a knee jerk reaction because something isn’t exactly like I want it. We have an Airbnb, but somebody stays occasionally for a night here and there, and it’s been the most lovely, lovely people that have left darling thank you notes, and we vet them carefully as does Airbnb. You need to see a picture. I need to know exactly why you’re coming, where you’re going when you’re here. I have a list of house rules COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -343- MINUTES OF THE MEETING JUNE 4, 2018 that’s this big. No unregistered guests. It’s just been the sweetest thing, and a way to help pay that tax raise we just got today, found out about in the mail. It’s... it’s been a very happy time. We keep our house so extra nice because we want all of our photos and our reviews to be wonderful. Um, when I lived in Ridgewood, there were so many people who had third floor places. Mine had a complete third floor. I never rented it, but I’ll tell you, every other person I knew, “hey, can we come stay there for a few days while we’re visiting relatives?” There was no regulation, legislation, no. We have a place, you can stay there. When I opened my Airbnb a couple... two years ago, almost two years ago, I wrote to the City and said hey, Airbnb suggests we get in touch with you, just want you to know I’m doing this. The person I wrote to said, “h-mmm, not sure what to do about that, try writing to this department.” So I emailed that department and I never heard back. So to be told we’re doing something illegal or to have these scandalous accusations made about sex trafficking or drugs or prostitution, no. Seriously that’s just not my thing and I don’t think it’s your thing or your thing or anybody else I know who’s doing it. PRESIDENT PRO TEM SMITH: Thank you, ma’am. REBECCA KEMPTHORN: Thank you. (Applause) CHRIS ANN STAVRIANOU: My name is Chris Ann Stavrianou, and I’ve lived in Canton in my home... PRESIDENT PRO TEM SMITH: Could we have your name and address again, please. CHRIS ANN STAVRIANOU: Oh, oh. My name is Chris Ann Stavrianou at 1302 11th Street NW. I’ve lived in my home for seventy-five years. The neighborhood is nice. It has been tremendous. Uh, you can tell I’m a little nervous here. Uh, I want the ordinance to stay as it is. Um, now that this home has gone in here in the neighborhood, I see cars parked all along the streets, I see neighbors who can’t park in front of their house come down further and have to park their cars by my house when they live up closer to Fulton Road. I... I hope that you’ll consider the fact that we would like our neighborhood to stay as it is and not have this confusion that we have now... now. Thank you. (Applause) PRESIDENT PRO TEM SMITH: Thank you so much. DENNIS HOFFNER: My name’s Dennis Hoffner and I live at 1443 Cottage Place. I’d like to cut to the chase here. What’s this all about? It’s all about dollars and cents. We’re gonna change laws in this... in the City Council. You’re gonna... you’re gonna vote on this for a few, and the many are gonna take the brunt of whatever you guys decide. I personally don’t want any change in this law, but you gotta put some teeth in it. I lived in my house since 1978. I stuck a tremendous investment in my house, enough that it raised my taxes triple. I don’t need anything... it’s... is... is a B... Airbnb a business? PRESIDENT PRO TEM SMITH: Sir, we can’t answer questions at this point, but if you would stay afterwards, we’d be glad to answer any questions that you have. DENNIS HOFFNER: Okay, I’ll do that. I’ll do that. I just don’t want any change. Don’t want... don’t want people in my neighborhood that I don’t know. I... uh, I think that... uh, you heard the majority of us speak. Uh, it’s up to you to determine whether you want to change this or not, but I think you better listen to what the people have to say. It’s... it’s kind of a catch twenty-two situation here for me. I... uh, I don’t need... I’m kinda at a loss for words now because my blood pressure’s going up. Thank you for your time. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -344- MINUTES OF THE MEETING JUNE 4, 2018 PRESIDENT PRO TEM SMITH: Thank you, sir. (Applause) Mr. Per... yes, ma’am, you can come on. DIANE RANSOM: Hi. PRESIDENT PRO TEM SMITH: Hi. DIANE RANSOM: My name is Diane Ransom. I live at 1270 11th Street NW. I have been in my home for twenty-six years. The neighbors on 11th Street are totally different neighbors. We do know each other. We do care about each other. One don’t get the trash, the neighbor will get your trash. You need your dog pet, your neighbors will pet. So I can say we do know our neighbors. We don’t need this because we’re still a family. We... we are the family. We found out about this from The Canton Repository. We knew something was going on, but we didn’t know what. We was trying to give him a benefit of the doubt that everything was fine. We was figuring he was having house warming parties, Christmas parties, Thanksgiving parties, and he’s allowed to do that. But when The Canton Repository article hit, my phone rang off the hook. Everybody on 11th Street was saying, “oh my God, this is ridiculous.” You know, because you can’t get in your house. You almost got to park six, seven houses up from the company that’s over at that house. He’s not only doing Airbnb, there’s some types of parties going on, church meetings, whatever. It’s more to it than what they... trying to put a bowl around it. They... they don’t live there, we live there. At 11th Street, we holding on. We right there at 11th, 10th Street is a dump, 11th Street is holding on. That is the boundary that is holding the glue to everything, and we was... used to be everybody lived on 11th Street was homeowners, but people that got older and got sick so now we got the rental properties. But as rental properties, they’re not doing a bad job. We will help you if you cannot cut your grass. We will help you if you cannot plant your flowers, so we... uh, nei... 11th Street neighbors is a whole different bunch. We care about each other. We there for each other. Thank you. PRESIDENT PRO TEM SMITH: Thank you. (Applause) Is there anyone else wishing to speak for or against this matter? Yes, Mr. Perez. KIM PEREZ: The Airbnb... the whole concept of the Airbnb’s... PRESIDENT PRO TEM SMITH: Excuse me, sir. Could we have your name and address? KIM PEREZ: 509 36th Street NW, Canton, Ohio. PRESIDENT PRO TEM SMITH: Thank you. (Chuckles) KIM PEREZ: The whole concept of this came up when there was a problem in an Airbnb in Market Heights. I’m one of the directors of the neighborhood program and... association and we... uh, they brought it to our attention and then we’ve met with the Law Department, the Mayor’s Office, and we started hashing out. There’s a lot of compromise given just to get what’s written today. So it’s not like this happened overnight, and it wasn’t communication, there was plenty of communication. What we ended up doing was we didn’t... the majority of the people in that room did not want Airbnb’s period. But what we did end up negotiating with the Administration was to agree on the... the zone 4 and the business. Once you get the zone 4, which is conditional, business is automatic put in. So, we were... we were good with that. We thought it fit what currently has gone on. Then we have a three hundred dollar study done that says one thing you don’t do, you... you don’t de... destabilize the neighborhood. First thing you gotta do is take care of those neighborhoods to make sure they don’t swing so you don’t lose that investment in your neighborhood. That’s not what I’m COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -345- MINUTES OF THE MEETING JUNE 4, 2018 seeing being tried here tonight. I’m seeing the neighborhoods put on the market for an Airbnb, which there’s only eight. I read in the paper the other day where they said, “why is there such an issue?” Well, I wish back in the sixties and seventies when we took the first house in downtown Canton, I used to be a councilman in that area, those big beautiful houses, we allowed them to triplex them, four plex them, duplex them. We had no off street parking, we had no yard space for the kids to play in, and we allowed that to destroy our neighborhoods that was one of the prime neighborhoods in the city. That’s why if we didn’t have neighborhood associations like we have today, this discussion wouldn’t be taken on... on. And I thank God that neighborhood associations were created and neighborhoods have a chance to speak. The second part of that is in the seventies we didn’t even correct the problem. Bill, I think it was 1989, we rezoned the whole city. We rezoned almost the whole city to an R-1 just to stop any more duplexes, triplexes and anything else going on. Not only did we rezone it, it if sat vacant for a year, even if it was built as a triplex, you had to go back to the Planning Department to get it approved to be used and Council had to vote. So what we did back in ‘89, ‘90, ‘92, we did this for a reason to try to stop the influx of rental properties, duplexes and triplexes. So what I’m seeing here now is we have so many opportunities for rental properties, we are now over fifty percent rentals. And that contributes to some of our downfall today. What we don’t need to do is introduce a new way to let people rent houses until we can get a handle on what we have out there currently. And that’s our problem. Thank you. PRESIDENT PRO TEM SMITH: Thank you. (Applause) Thank you so much for all of your input of this matter. At this time the Chair declares this public hearing over in regards to this matter. The matter now rests in the hands of Council and the Ordinance will be following later. OLD BUSINESS PRESIDENT PRO TEM SMITH: At this time do we have any Old Business? PUBLIC SPEAKS PRESIDENT PRO TEM SMITH: We’re now under Public Speaks. Thank you so much for all of you that has spoken thus far, but Mr. DiGiacomo. Could you please state your name and address, sir. PETE DIGIACOMO: Yes, Ms. Smith. Pete DiGiacomo, 600 Dent Place SW, Canton, Ohio, for sixty-four years. The Airbnb, I can see why a lot of people don’t particularly care for it in their neighborhood. It’s fine if you put it in somebody else’s next to them, okay, go ahead and do it. But just a couple questions I have. Uh, I guess the first one would go to our Safety Director if she... um, do you know of any problems in the past few years from tenants in the Airbnb? PRESIDENT PRO TEM SMITH: Well, Mr. Gi...DiGiacomo... PETE DIGIACOMO: I... I know she can’t talk to me now. PRESIDENT PRO TEM SMITH: Oh, okay. PETE DIGIACOMO: But that’s just something I’m curious about. PRESIDENT PRO TEM SMITH: Okie-doke. PETE DIGIACOMO: Um, Airbnb... how long has this been going on in the City of Canton? And I know you can’t talk to me either right now. Um, the neighborhood... a lot of you know where I live. We have two rental COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -346- MINUTES OF THE MEETING JUNE 4, 2018 properties there that were single rental properties. Well, over the time we have had transients moving in. The person that rents the house gets an extra money for somebody that has a one room bedroom, or just the one room to flop in. Um, I’d like to try to find something out there. There’s another one that used to be a bar with an apartment upstairs. Um, that was there for years and years, but now about three... at least three men, possibly four, live downstairs, which I, you know, I’m curious about that too. Uh, thank you very much, and Council Mariol, it’s your problem. (Laughter) PRESIDENT PRO TEM SMITH: Thank you so much, Mr. DiGiacomo. We are now... oh, one more speaker? Okay. RAY RONEY: Well, I had a double subject tonight. First I was talking about Airbnb, but... my name’s Ray Roney. I live at 1624 Monument Road. I’ve been here before to complain about the speeding in the residential areas. I’m calling... I’m here again to complain. Monument Road has just become crazy. We got people literally going seventy, eighty miles an hour down Monument Road, and it’s just getting ridiculous. We already have to deal with the water, spring house and all the traffic there. Now I gotta deal with all the traffic speeding up and down the road. They pass each other, and it’s a solid white yellow line. I mean, something’s gotta be done. I know they got from June 1st to June 30th the extra money for patrols. Can’t we put somebody even in my driveway, write a few tickets, maybe that’ll stop them. But it’s just getting down right ridiculous. We got people crossing the street to go to the park. Someone’s gonna get hit and killed. Let’s do something before that happens. Thank you. PRESIDENT PRO TEM SMITH: Thank you, sir. (Applause) INFORMAL RESOLUTIONS PRESIDENT PRO TEM SMITH: We are now under Informal Resolutions, and we have none this evening. COMMUNICATIONS PRESIDENT PRO TEM SMITH: Communications. We are now under 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 JUNE 4, 2018. 236. CLERK DOUGHERTY: WITHDRAWING OBJECTION TO NEW APPLICATION FOR LIQ PERMIT FOR DOLGEN MIDWEST, LLC, DBA DOLLAR GENERAL STORE 17922, @ 915 TUSCARAWAS ST. W. - JUDICIARY COMMITTEE 237. DEPARTMENT OF COMMERCE: HOOCH’S PUB, LLC’S APPLICATION FOR 2018 - 2019 RENEWAL OF CLASS D-2-2X-3-3A LIQUOR PERMIT DENIED AND REJECTED. - RECEIVED & FILED 238. HEALTH COMMISSIONER ADAMS: AMEND APPROP O#64/2018 ($992,634.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2314 FAMILY HEALTH TO FUND 2314 301001 FAMILY HEALTH - 700 OTHER; $22,000.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2320 303002 NURSING CLINIC ACTIVITY FUND (TRAVEL CLINIC) TO FUND 2320 303002 NURSING CLINIC ACTIVITY FUND (TRAVEL CLINIC) - 600 PERSONNEL. - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -347- MINUTES OF THE MEETING JUNE 4, 2018 239. LIQUOR CONTROL DIVISION (OHIO): REQ NEW C2 PERMIT FOR FAMILY DOLLAR STORES OF OHIO INC DBA FAMILY DOLLAR 1348 WEST UNIT ONLY @ 2901 MAHONING RD NE. - RECEIVED & FILED 240. LIQUOR CONTROL DIVISION (OHIO): REQ TRF D1 D2 D3 D3A PERMIT FROM AURICLE LTD DBA THE AURICLE @ 601 CLEVELAND AVE NW & PATIO TO AURICLE LTD DBA AURICLE @ 201 CLEVELAND AVE NW. - RECEIVED & FILED 241. STARK CTY COMMISSIONERS: REQ ANNEX OF APPROX 3.3642 ACRES IN CANTON TWP TO CITY OF CANTON (THE 77 GULLIVERS @ FAIRCREST ST. SW). - PLANNING COMMISSION 242. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 3/31/18. - RECEIVED & FILED 243. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 4/30/18. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM SMITH: We’re now under First Readings. Mr. Clerk, please begin with Ordinance #1. NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #11 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE HOF VILLAGE #5 ANNEXATION AREA CONTAINING APPROXIMATELY 8.041 ACRES, MORE OR LESS; ASSIGNING SAID TERRITORY TO WARD 7 OF THE CITY; ZONING SAID TERRITORY AS HALL OF FAME VILLAGE DISTRICT (HOFV); AND DECLARING THE SAME TO BE AN EMERGENCY PUB HRG 7/2/18 @ 7:00 AM Referred to Annexation Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE ONE RICHMOND AVE ANNEXATION AREA CONTAINING APPROXIMATELY 1.979 ACRES, MORE OR LESS; ASSIGNING SAID TERRITORY TO WARD 6 OF THE CITY; ZONING SAID TERRITORY AS SINGLE FAMILY RESIDENTIAL DISTRICT (R-1A); AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee PUB HRG 7/2/18 @ 7:01 AM #3. (1ST RDG) AN ORDINANCE AMENDING PART ELEVEN, PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Judiciary Committee PUB HRG 7/2/18 @ 7:02 AM COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -348- MINUTES OF THE MEETING JUNE 4, 2018 #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ALL CONTRACTS NECESSARY FOR THE TIMELY EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SOLUTIONS GRANT, AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO FILE WITH HUD A 2018 ANNUAL ACTION PLAN FOR THE 2018 COMMUNITY DEVELOPMENT BLOCK GRANT, 2018 HOME INVESTMENT PARTNERSHIP, AND 2018 EMERGENCY SOLUTIONS GRANT PROGRAMS; RATIFYING SUBMISSION AND FILING OF SAID PLAN; AUTHORIZING THE MAYOR TO EXECUTE GRANT AGREEMENTS WITH HUD AND TO ACCEPT FUNDING FOR THE THREE PROGRAMS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ( $349,722.22 INTERFUND TRF FR 1001 GENERAL FUND TO 1154 HOF VILLAGE PROJECT FUND; $31,162.22 SUPP APPROP FR UNAPPROP BAL OF 1154 HOF VILLAGE PROJECT FUND TO 1154 201001 SERVICE DIRECTOR ADMIN - OTHER) (HALL OF FAME VILLAGE PROJ) Referred to Finance Committee #7. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($183,025.00 SUPP APPROP FR UNAPPROP BAL OF 2530 PARK OPERATING AND SPEC REV FUND TO 2530 401052 PARKS REC PROGRAMS - OTHER - $69,000.00, TO 2530 401060 SPECIAL PARKS FUNDS - OTHER - $29,025.00, TO 2530 401090 PARK REDEVELOPMENT - OTHER - $85.000.00) (CANTON PARKS & REC DEPT RECEIPT OF FUNDS FR DISSOLVING CANTON JOINT REC DIST) Referred to Finance Committee #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER/CONTRACT AMENDMENT NO. 2 IN AN AMOUNT NOT TO EXCEED $21,168.00 WITH RT FOX LLC DBA CONNECTING POINT FOR 378 MICROSOFT HOSTED EXCHANGE AND GFI ARCHIVER LICENSES AND ALL APPLICABLE SUPPORT; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($21,168.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 504010 INFORMATION TECHNOLOGY MANAGER - OTHER) Referred to Finance Committee COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -349- MINUTES OF THE MEETING JUNE 4, 2018 #9. (1ST RDG) AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO PLAIN TOWNSHIP; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY (WICKER CREEK HOLDING, LLC) Referred to Environmental & Public Utilities Committee #10. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $26,472.00 TO HANNON ELECTRIC COMPANY; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($26,472.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207012 PUMPING MAINTENANCE - OTHER) Referred to Finance Committee #11. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 182, MUNICIPAL INCOME TAX, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE EMERGENCY ($15,000.00 SUPP APPROP FR UNAPPROP BAL OF 2120 INCOME TAX FUND TO 2120 852101 INCOME TAX - ADMIN - OTHER; $190,000.00 SUPP APPROP FR UNAPPROP BAL OF 2190 HOFV FUND TO 2190 861101 HOFV - TOURISM DEVELOP DISTRICT - OTHER) Referred to Judiciary Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM SMITH: We’re now under Second Reading Ordinances. Mr. Clerk, would you begin with Ordinance #12. NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #12 THRU #21 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #12. (2ND RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $500,000.00 FOR THE PURPOSE OF PAYING THE COSTS OF REVITALIZATION WITHIN THE CITY AND ADDRESSING PROPERTY CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC HEALTH AND SAFETY THROUGH THE DEMOLITION OF DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR REUSE OF LANDS WITHIN THE CITY #13. (2ND RDG) AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A NOTE BY THE CITY OF CANTON IN ANTICIPATION OF THE COLLECTION AND PAYMENT OF INCOME TAXES, GENERAL PROPERTY TAXES, AND MISCELLANEOUS OTHER SOURCES TO THE CITY OF CANTON IN AN AMOUNT OF ISSUANCE NOT TO EXCEED $2,000,000.00; DECLARING COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -350- MINUTES OF THE MEETING JUNE 4, 2018 THE NECESSITY OF THE ISSUANCE OF SAID NOTE PROCEEDS WHICH WILL BE USED FOR THE PAYOFF OF A PREVIOUSLY EXISTING NOTE; AND DECLARING THE SAME TO BE AN EMERGENCY #14. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($5,000.00 APPROP TRF FR 2799 701001 JUSTICE REINVESTMENT PRETRIAL GRANT FUND - PERSONNEL TO 2799 701001 JUSTICE REINVESTMENT PRETRIAL GRANT FUND - OTHER) #15. (2ND RDG) AN ORDINANCE AUTHORIZING DISSOLVING THE ROAD RESERVATIONS CURRENTLY PLACED ON TAX PARCELS 280871, 280872, 280873, AND 284986; AND AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICES TO TRANSFER THE SAME, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION FOR SUBSEQUENT TRANSFER TO THE REFUGE OF HOPE MINISTRIES; AND DECLARING THE SAME TO BE AN EMERGENCY #16. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO NEGOTIATE AND EXECUTE AN EASEMENT OVER TAX PARCEL 280840 TO STINGRAY VENTURES LLC THAT WILL HAVE NO FORCE AND EFFECT UNLESS THE SURROUNDING PROPERTIES ARE EFFECTIVELY ACQUIRED BY STINGRAY VENTURES, LLC; AND DECLARING THE SAME TO BE AN EMERGENCY #17. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT AMENDMENTS WITH STARK COUNTY COMMUNITY ACTION AGENCY FOR $50,000.00 FOR ENRICHMENT & ACADEMIC MENTORING AND $30,000.00 FOR EMPLOYMENT READINESS TRAINING; AND DECLARING THE SAME TO BE AN EMERGENCY #18. (2ND RDG) AN ORDINANCE AUTHORIZING THE HIRING OF MR. JAMES BENEKOS AT A SALARY OF $88,888 ANNUALLY WITH TEN DAYS OF VACATION IN 2018 AND FIFTEEN DAYS VACATION FOR EACH YEAR THEREAFTER, UNTIL HIS CITY ACCRUED TIME CORRELATES WITH THE APPLICABLE CITY VACATION SCHEDULE; AND DECLARING THE SAME TO BE AN EMERGENCY (WATER DEPT FACILITIES ENGINEER) #19. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, EXECUTE A CONSTRUCTION CONTRACT AND ENTER INTO AGREEMENT(S) FOR AND TO RECEIVE GRANT FUNDS IN THE AMOUNT OF $890,064.00 AND LOAN FUNDS IN THE AMOUNT OF $509,566.00 FROM THE OHIO PUBLIC WORKS COMMISSION FOR THE 47TH ST. NW STORM SEWER REPAIR PROJECTS, GP 1241 & GP 1198; AUTHORIZING THE AUDITOR TO COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -351- MINUTES OF THE MEETING JUNE 4, 2018 CREATE THE 4585 47TH ST. NW/PACKARD AVE. NW 78-IN STORM SEWER REPAIR PROJECT, G.P. 1198 AND 4586 47TH ST. NW STORM SEWER REPAIR PROJECT, GP 1241 FUNDS; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($896,770.00 SUPP APPROP FR UNAPPROP BAL OF 4585 47TH ST NW/PACKARD AVE NW 78-IN STORM SEWER REPAIR PROJ, GP 1198 FUND TO 4585 202052 47TH ST NW/PACKARD AVE NW 78-IN STORM SEWER REPAIR PROJ, GP 1198 - OTHER; $502,860.00 SUPP APPROP FR UNAPPROP BAL OF 4586 47TH ST NW STORM SEWER REPAIR PROJ, GP 1241 FUND TO 4586 202053 47TH ST NW STORM SEWER REPAIR PROJ, GP 1241 - OTHER) #20. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AGREEMENT WITH THE EAST OHIO GAS COMPANY D/B/A DOMINION ENERGY OHIO FOR THE RELOCATION OF EXISTING LINES; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($380,771.00 SUPP APPROP FR UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PROJ, GP 1103 FUND TO 4566 202079 MAHONING RD CORRIDOR PROJ, GP 1103 - OTHER) #21. (2ND RDG) AN ORDINANCE DECLARING CERTAIN PROPERTY NO LONGER NEEDED FOR MUNICIPAL PURPOSES AND AUTHORIZING ITS BID FOR SALE; AND DECLARING THE SAME TO BE AN EMERGENCY (STEAM LOCOMOTIVE AND TENDER) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM SMITH: We are now under Third and Final Readings. Mr. Clerk, would you begin with Ordinance #22, please. NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #22 THROUGH #25 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #22. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 122/2018 AN ORDINANCE AMENDING CHAPTERS 185, TRANSIENT LODGING TAX AND 759, ROOMING HOUSES, LODGING HOUSES AND RESIDENTIAL SOCIAL SERVICE FACILITIES OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #22. MEMBER MINOR SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -352- MINUTES OF THE MEETING JUNE 4, 2018 PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded to adopt Ordinance #22. Are there any remarks? MEMBER BABCOCK: Madam President, I move we amend Ordinance #22 per copy that all Council Members have in front of them. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to amend Ordinance #22 per the copy before each of you. Are there any remarks on the amendment? MEMBER MARIOL: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MARIOL: Being that this has to do with taxes, would the Treasurer be able to give us an overview of this amendment? KIM PEREZ: It’s house cleaning to deal with... uh, for our part, it’s house cleaning dealing with Airbnb’s on making the language more fair and better for anybody out there (inaudible). MEMBER MARIOL: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MARIOL: I guess, what is changed from the original draft? KIM PEREZ: The original code had no Airbnb’s. MEMBER MARIOL: No, I mean the original ordinance that we’re amending. KIM PEREZ: I don’t have the details on... on that part. Was that the legal one? LAW DIRECTOR BATES-AYLWARD: I don’t have all of them in front of me. One of the main ones is to allow us to enter into agreements with the booking agents to allow them to collect bed tax. So that’s probably the main change. Other things are clean up of language and modernization of language, but I think the main change is to allow us to enter into those agreements with those booking agents, should we choose to. PRESIDENT PRO TEM SMITH: Okay. You’ve heard the remarks on Ordinance #22. By voice vote, all those in favor signify by saying aye. The Opposes. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMITH: The ayes have it. Leader. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -353- MINUTES OF THE MEETING JUNE 4, 2018 MEMBER BABCOCK: Madam President, I move we adopt Ordinance #22 as amended. Are the... MEMBER MINOR SMITH: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 22 by the substitution of the attached amended Exhibit A for the original pending Exhibit A. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #22 as amended. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #22 ADOPTED AS AMENDED AS ORDINANCE NO. 122/2018 PRESIDENT PRO TEM SMITH: Ordinance #22 as amended is adopted. Ordinance #23, please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 123/2018 AN ORDINANCE AMENDING CHAPTER 1123, DEFINITIONS OF TITLE FIVE AND AMENDING CHAPTER 1141, R-4 MULTI-FAMILY RESIDENTIAL DISTRICT OF TITLE SEVEN OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON PUB HRG 6/4/18 @ 7:00 P.M. PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #23 as amended. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It was not amended. It was just an ordinance to adopt. MEMBER BABCOCK: I’m sorry. I move we adopt Ordinance #23. PRESIDENT PRO TEM SMITH: Now you can second. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #23. Are there any remarks? MEMBER SMUCKLER: Mr. President. ** MEMBER MORRIS: Madam President. ** COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -354- MINUTES OF THE MEETING JUNE 4, 2018 ** (Note: Member Smuckler and Member Morris addressed the Chair at the same time) PRESIDENT PRO TEM SMITH: Member Morris. MEMBER MORRIS: Thank you. Uh, I’m kinda torn and confused here at what I’m hearing. My general consensus is for my ward that they don’t want any change. Existing ordinances on the books clearly state that in order to operate this type of business, it has to be in an R-4, not in an R-1. Then we have a piece of legislation here that basically, if I vote yes, tells me Airbnb is not allowed. If I vote no, Airbnb is not allowed. Okay. The general consensus from Wards 9 and 1, because I think that is where this is basically affected, is they don’t want to see any change. They say that we have the existing laws, let’s enforce it. I can... I can get that. Now, on the side of the Airbnb, I live on 19th Street between Gross and Rowland. There are twenty-one houses in that one city block. There are four owner occupied. That is an eighty percent rental rate on my own street. One block up is an Airbnb, by far the best looking house in that area. Not saying that Airbnb is going to fit every neighborhood. Not saying it’s going to be receptive in every neighborhood. I think that the general consensus from my ward is we don’t want to see a change, it’s against the law, put it to a stop. I agree with that. I would like to make a motion that we refer this back to the Planning Commission. Okay, I am not on Judiciary so I did not chime in. If this is referred back to the Planning Commission, it’s still illegal. It is no different than me sitting up here voting no. So Madam Chair, I would like to make a motion to refor... refer that back to the Planning Commission. MEMBER MARIOL: Madam President, I would second that motion. (Brief pause) PRESIDENT PRO TEM SMITH: Okay. So the decision is that now we have to vote whether or not it would go back to the Planning Commission. MEMBER SMUCKLER: Madam President. PRESIDENT PRO TEM SMITH: Just one minute. Member Smuckler. MEMBER SMUCKLER: Did this come from the Planning Commission, Law Director? LAW DIRECTOR BATES-AYLWARD: Yes. The Ordinance that you are looking at now was the Planning Commission’s recommendation. And just to clarify something, it is sort of confusing, Councilman Morris. The Planning Commission, after study, what there review was is to keep it the same type of restriction, but to modernize language. MEMBER MORRIS: Okay. LAW DIRECTOR BATES-AYLWARD: Okay? So what they did was they reviewed it and they found that our current restriction of R-4 with a conditional use permit and permanent uses in all the businesses in hire, that was their recommendation to this Council, and they did want to modernize language though to make it a little more easily understood perhaps to help some of the complaints that we have had about being confused about what is and isn’t allowed. So that is where it came from. MEMBER SMUCKLER: Madam... Madam President. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -355- MINUTES OF THE MEETING JUNE 4, 2018 PRESIDENT PRO TEM SMITH: Hold on one minute. Mr. Hall had his hand up first. MEMBER HALL: Law Director, didn’t you also say if we vote on this, it could still go back to the Planning Commission? LAW DIRECTOR BATES-AYLWARD: What I’m saying is that just as this went to the Planning Commission in the first place, anytime you want to change zoning, to change laws, you can always begin that process. It does have to go to the Planning Commission. For instance, I know there’s a very large comprehensive zoning proposal that’s coming to you that is coming from Don Angus’s office that, again, mostly are housekeeping types of things. That is coming, first review by the Planning Commission, which makes its recommendation to you. So I don’t know if that answers your question. Yes, this particular recommendation came from the Planning Commission. Yes, it can go back, although we have never done that. But yes, it can also be considered at another juncture if you want to further address changes in the law. MEMBER SMUCKLER: Madam President, has the majority of the Planning Commissioners changed since this has come down to us? LAW DIRECTOR BATES-AYLWARD: No. MEMBER SMUCKLER: Has any of them changed since this has come down? LAW DIRECTOR BATES-AYLWARD: Not to my knowledge unless the Mayor has done something I don’t know about. (Chuckles) But, no. MEMBER SMUCKLER: One? MEMBER MARIOL: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MARIOL: I can say that one has indicated that they would like to look at this again, yes. MEMBER SMUCKLER: No, no. That’s not what I asked. Not that they want to look at it again. When they sent the recommendation down here, has any of the Commissioners changed? Have there been any reappointments? MEMBER MARIOL: I... I would hate to speak for somebody. Oh... oh, change that way. No. MEMBER SMUCKLER: To my knowledge, and I don’t see anybody from the Administration piping up here, nobody’s changed, they sent this down with the recommendation, and I don’t know why we’re going to go through this process again and invite the troops down here again and put them through this on a Monday night. I think that we run for this job, we’re asked to be here on Monday nights. They’re not running for this job and it seems like they’re just trying to protect their interests, both sides, by being here every Monday night. I could understand if Planning Commission had changed drastically. I don’t know what we hope to accomplish by sending it back there, except if somebody can make a better argument in COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -356- MINUTES OF THE MEETING JUNE 4, 2018 front of them. And I’m not looking to make arguments because all that’s gonna do is cause hostility in this room, probably a lot more than we have already. But I can tell you, I’ve been to the Airbnb on 31st Street already once, and I’m not interested in creating any more hostility than I ran into there already. I think that we just ought to vote this up or down tonight and not deal with this going to Planning Commission. (Applause) MEMBER MORRIS: Madam President. PRESIDENT PRO TEM: Now... the vote before you now is to send it back to Planning. So what we’re voting on now is a yea or no vote to send it back to Planning. Mr. Clerk. MEMBER MORRIS: Quick question, Madam President... PRESIDENT PRO TEM SMITH: Yes. MEMBER MORRIS: If I may? PRESIDENT PRO TEM SMITH: Yes. MEMBER MORRIS: Law Director, you said that there was a conditional provision in this? LAW DIRECTOR BATES-AYLWARD: No. What the old law and the new law both say is that in order for it to be in R-4 is a conditional use permit. MEMBER MORRIS: Okay. LAW DIRECTOR BATES-AYLWARD: It is a permanent use, in other words there is nothing else needed in business in hire. And that’s how it was before and that’s how it would remain under the newly proposed language as well. MEMBER MORRIS: Okay. Well, I am going to agree with Member Smuckler because I don’t want to sit and have this argument, and I don’t want to keep belaboring this any longer than it has. I don’t know who or why somebody took a hornet’s next and shook it up. As typical fashion in the City of Canton, one of the things that we do an absolute horrible, horrible damn job of is enforcing any ordinances we already have on the book, because if they would have enforced the damn ordinance in the first place, we wouldn’t be sitting here at 8:30 having this conversation. So I withdraw the motion. (Applause) PRESIDENT PRO TEM SMITH: Could we get a second? Could we get a second to withdraw the motion? MEMBER SMUCKLER: Second. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded that Member Morris withdrew his motion for us to dis... vote on whether it’s going back to the Planning. But... we gonna do voice vote? COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -357- MINUTES OF THE MEETING JUNE 4, 2018 Could we have voice vote. All in favor. Opposes? NO REMARKS MOTION TO WITHDRAW PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMITH: Then the ayes have it. What we’re getting ready to do is vote on Ordinance #23 now. NO REMARKS ROLL CALL 11 YEAS, 1 NAY (MEMBER MARIOL VOTED NO) CLERK DOUGHERTY: Eleven yeas, one nay, Madam President. #23 ADOPTED AS ORDINANCE NO. 123/2018 PRESIDENT PRO TEM SMITH: . Uh, Ordinance #24? 23, I’m sorry, has been adopted. Thank you. 24, please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 124/2018 AN ORDINANCE AUTHORIZING THE DISCHARGE OF THE DEMOLITION LIENS, ASSESSMENTS, PENALTIES, AND INTEREST ON THE PROPERTY KNOWN AS PARCEL NO. 226346; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #24. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded to adopt Ordinance #24. Ordinance #25, please. CLERK DOUGHERTY: Smith... roll call. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #24 ADOPTED AS ORDINANCE NO. 124/2018 PRESIDENT PRO TEM SMITH: Yes. Now 24 is adopted. Ordinance #25, please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 125/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH THE THRASHER GROUP FOR DESIGN OF THE SITE MASTER PLAN FOR THE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -358- MINUTES OF THE MEETING JUNE 4, 2018 CANTON WATER DEPARTMENT’S DISTRIBUTION SHOP; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($49,920.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207022 WATER DISTRIBUTION - OTHER) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #25. PRESIDENT PRO TEM SMITH: Second, Corey. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #25. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 1 NAY (MEMBER MORRIS VOTED NO) CLERK DOUGHERTY: Eleven yeas, one nay, Madam President. #25 ADOPTED AS ORDINANCE NO. 125/2018 PRESIDENT PRO TEM SMITH: Ordinance #25 has been adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM SMITH: We’re under Announcements of Committee Meetings. MEMBER MARIOL: Madam... Madam President. Judiciary will meet June 18th at 6:15. PRESIDENT PRO TEM SMITH: Other Committee Meetings? MEMBER FISHER: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER FISHER: Environmental & Public Utilities (inaudible). MEMBER MINOR SMITH: Madam President, Community & Economic Development will also meet on June 18th at 6:15. Thank you. PRESIDENT PRO TEM SMITH: Thank you. MEMBER MORRIS: Madam President. PRESIDENT PRO TEM SMITH: Yes. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -359- MINUTES OF THE MEETING JUNE 4, 2018 MEMBER MORRIS: Finance will meet same time, same place. I will not be here. I will be in Sin City, USA. UNIDENTIFIED VOICE: Nice. UNIDENTIFIED VOICE: What, you’re gone to East Canton? (Laughter) PRESIDENT PRO TEM SMITH: Thank you. CLERK DOUGHERTY: Annexation. PRESIDENT PRO TEM SMITH: He did Annexation. He need to do Judicial. CLERK DOUGHERTY: No, he did Judicial. MEMBER MARIOL: No, I... PRESIDENT PRO TEM SMITH: Okay. Well, we did just the opposite. MEMBER MARIOL: Madam President, Annexation, same time, same place. PRESIDENT PRO TEM SMITH: Okay, thank you. Are there any more Committee Meetings? MISCELLANEOUS BUSINESS PRESIDENT PRO TEM SMITH: We’re under Miscellaneous Business. Is there any Miscellaneous Business? We’ll have the quote of the week. CLERK DOUGHERTY: Thank you, Madam President. “Great things are not done by impulse, but by a series of small things brought together.” - Vincent Van Gogh PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move to adjourn. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded to adjourn. Mr. Clerk, roll call please. (Noise from movement and voices) PRESIDENT PRO TEM SMITH: Excuse me. We are still in the meeting. Thank you. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -360- MINUTES OF THE MEETING JUNE 4, 2018 CLERK DOUGHERTY: Twelve yeas, Madam President. PRESIDENT PRO TEM SMITH: Thank you. Meeting’s adjourned. ADJOURNMENT TIME: 8:35 P.M. ATTEST: APPROVED: DAVID R. DOUGHERTY CHRIS SMITH CLERK OF COUNCIL PRESIDENT PRO TEM

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:00 PM JUNE 4, 2018 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: Pres. Schulm an Absent INVOCATION: Kevin Hall, W ard 6 Council Mem ber PLEDGE OF ALLEGIANCE: President Pro Tem Sm ith AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#12 - O#21; O#22 Adopted as Am ended) PUBLIC HEARINGS: 7:00 PM AN ORDINANCE AMENDING CHAPTER 1123, DEFINITIONS OF TITLE FIVE AND AMENDING CHAPTER 1141, R-4 MULTI-FAMILY RESIDENTIAL DISTRICT OF TITLE SEVEN OF THE CODIFIED ORDINANCES OF CITY OF CANTON (18 SPEAKERS) O#123/2018 OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Pete DiGiacom o said he understands why people are against the AirBnB. There are two properties in his neighborhood that were single fam ily rentals, but now the owners rent single room s to transients. He asked Safety Dir. Perry if any problem s have been reported regarding AirBnB’s and how long there have been AirBnB’s in the city of Canton. Ray Roney spoke about the continued speeding on Monum ent Rd. and asked that som ething be done before som eone gets hurt. INFORM AL RESOLUTIONS: None COM M UNICATIONS: 236. CLERK DOUGHERTY: W ITHDRAW ING OBJECTION TO NEW APPLICATION FOR LIQ PERMIT FOR DOLGEN MIDW EST, LLC, DBA DOLLAR GENERAL STORE 17922, @ 915 TUSCARAW AS ST. W . - JUDICIARY COMMITTEE 237. DEPARTMENT OF COMMERCE: HOOCH’S PUB, LLC’S APPLICATION FOR 2018 - 2019 RENEW AL OF CLASS D-2-2X-3-3A LIQUOR PERMIT DENIED AND REJECTED. - RECEIVED & FILED 238. HEALTH COMMISSIONER ADAMS: AMEND APPROP O#64/2018 ($992,634.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2314 FAMILY HEALTH TO FUND 2314 301001 FAMILY HEALTH - 700 OTHER; $22,000.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2320 303002 NURSING CLINIC ACTIVITY FUND (TRAVEL CLINIC) TO FUND 2320 303002 NURSING CLINIC ACTIVITY FUND (TRAVEL CLINIC) - 600 PERSONNEL. - FINANCE COMMITTEE 239. LIQUOR CONTROL DIVISION (OHIO): REQ NEW C2 PERMIT FOR FAMILY DOLLAR STORES OF OHIO INC DBA FAMILY DOLLAR 1348 W EST UNIT ONLY @ 2901 MAHONING RD NE. - RECEIVED & FILED 240. LIQUOR CONTROL DIVISION (OHIO): REQ TRF D1 D2 D3 D3A PERMIT FROM AURICLE LTD DBA THE AURICLE @ 601 CLEVELAND AVE NW & PATIO TO AURICLE LTD DBA AURICLE @ 201 CLEVELAND AVE NW . - RECEIVED & FILED 241. STARK CTY COMMISSIONERS: REQ ANNEX OF APPROX 3.3642 ACRES IN CANTON TW P TO CITY OF CANTON (THE 77 GULLIVERS @ FAIRCREST ST. SW ). - PLANNING COMMISSION 242. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 3/31/18. - RECEIVED & FILED 243. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 4/30/18. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE CANTON TO ANNEX TERRITORY KNOW N AS HOF VILLAGE #5 ANNEXATION AREA CONTAINING APPROX 8.041 ACRES, ASSIGNING SAID TERRITORY TO W ARD 7, ZONING SAID TERRITORY AS HALL OF FAME VILLAGE DISTRICT (HOFV); EMERGENCY Referred to Annexation Com m ittee PUB HRG 7/2/18 @ 7:00 PM 1 ST RDG 2. AUTHORIZE CANTON TO ANNEX TERRITORY KNOW N AS ONE RICHMOND AVE ANNEXATION AREA CONTAINING APPROX 1.979 ACRES, ASSIGNING SAID TERRITORY TO W ARD 6, ZONING SAID TERRITORY AS SINGLE FAMILY RESIDENTIAL DISTRICT (R-1A); EMERGENCY Referred to Annexation Com m ittee PUB HRG 7/2/18 @ 7:01 PM 1 ST RDG 3. AMEND PART ELEVEN, PLANNING AND ZONING CODE OF CODIFIED ORDINANCES OF CITY OF CANTON Referred to Judiciary Com m ittee PUB HRG 7/2/18 @ 7:02 PM 1 ST RDG 4. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO ALL CONTRACTS NECESSARY FOR TIMELY EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT (NO SINGLE AW ARD TO EXCEED $500,000.00), EMERGENCY SOLUTIONS GRANT (NO SINGLE AW ARD TO EXCEED $200,000.00), AND HOME INVESTMENT PARTNERSHIP PROG FUNDS (NO SINGLE AW ARD TO EXCEED $500,000.00); EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 2 - JUNE 4, 2018 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 5. AUTHORIZE MAYOR TO FILE W ITH HUD A 2018 ANNUAL ACTION PLAN FOR 2018 COMMUNITY DEVELOPMENT BLOCK GRANT, 2018 HOME INVESTMENT PARTNERSHIP, AND 2018 EMERGENCY SOLUTIONS GRANT PROGRAMS; RATIFY SUBMISSION AND FILING OF SAID PLAN; AUTHORIZE MAYOR TO EXECUTE GRANT AGMTS W ITH HUD AND ACCEPT FUNDING FOR THE THREE PROGRAMS; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 6. AMEND APPROP O#64/2018; EMERGENCY ($349,722.22 INTERFUND TRF FR 1001 GENERAL FUND TO 1154 HOF VILLAGE PROJECT FUND; $31,162.22 SUPP APPROP FR UNAPPROP BAL OF 1154 HOF VILLAGE PROJECT FUND TO 1154 201001 SERVICE DIRECTOR ADMIN - OTHER) (HALL OF FAME VILLAGE PROJ) Referred to Finance Com m ittee 1 ST RDG 7. AMEND APPROP O#64/2018; EMERGENCY ($183,025.00 SUPP APPROP FR UNAPPROP BAL OF 2530 PARK OPERATING AND SPEC REV FUND TO 2530 401052 PARKS REC PROGRAMS - OTHER - $69,000.00, TO 2530 401060 SPECIAL PARKS FUNDS - OTHER - $29,025.00, TO 2530 401090 PARK REDEVELOPMENT - OTHER - $85.000.00) (CANTON PARKS & REC DEPT RECEIPT OF FUNDS FR DISSOLVING CANTON JOINT REC DIST) Referred to Finance Com m ittee 1 ST RDG 8. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CHANGE ORDER/CONTRACT AMENDMENT NO. 2 IN AMT NOT TO EXCEED $21,168.00 W ITH RT FOX LLC DBA CONNECTING POINT FOR 378 MICROSOFT HOSTED EXCHANGE AND GFI ARCHIVER LICENSES AND ALL APPLICABLE SUPPORT; AMEND APPROP O#64/2018; EMERGENCY ($21,168.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 504010 INFORMATION TECHNOLOGY MANAGER - OTHER) Referred to Finance Com m ittee 1 ST RDG 9. APPROVE CANTON CITY W ATER MAIN EXTENSION TO PLAIN TW P; AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO AGMT FOR EXTENSION OF W ATER MAIN; EMERGENCY (W ICKER CREEK HOLDING, LLC) Referred to Environm ental & Public Utilities Com m ittee 1 ST RDG 10. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $6,472.00 TO HANNON ELECTRIC COMPANY; AMEND APPROP O#64/2018; EMERGENCY ($26,472.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207012 PUMPING MAINTENANCE - OTHER) Referred to Finance Com m ittee 1 ST RDG 11. AMEND CHAPTER 182, MUNICIPAL INCOME TAX, OF CODIFIED ORD OF THE CITY OF CANTON; AMEND APPROP O#64/2018; EMERGENCY Referred to Judiciary Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#12 - O#21) 2 ND RDG 12. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AGGREGATE PRINCIPAL AMT NOT TO EXCEED $500,000.00 FOR PURPOSE OF PAYING COSTS OF REVITALIZATION W ITHIN THE CITY AND ADDRESSING PROPERTY CONDITIONS THAT ARE DELETERIOUS TO PUBLIC HEALTH AND SAFETY THROUGH DEMO OF DETERIORATING STRUCTURES AND IMPROVEMENT OF THOSE SITES, THEREBY ENABLING USE OR REUSE OF LANDS W ITHIN THE CITY (FIN) 2 ND RDG 13. PROVIDE FOR ISSUANCE OF A NOTE BY CITY OF CANTON IN ANTICIPATION OF COLLECTION AND PAYMENT OF INCOME TAXES, GENERAL PROPERTY TAXES AND MISC OTHER SOURCES TO CITY OF CANTON IN AMT OF ISSUANCE NOT TO EXCEED $2,000,000.00; DECLARE NECESSITY OF ISSUANCE OF SAID NOTE PROCEEDS W HICH W ILL BE USED FOR PAYOFF OF PREVIOUSLY EXISTING NOTE; EMERGENCY (FIN) 2 ND RDG 14. AMEND APPROP O#64/2018; EMERGENCY ($5,000.00 APPROP TRF FR 2799 701001 JUSTICE REINVESTMENT PRETRIAL GRANT FUND - PERSONNEL TO 2799 701001 JUSTICE REINVESTMENT PRETRIAL GRANT FUND - OTHER) (FOR CONTINUED OPERATION OF COURT) (FIN) 2 ND RDG 15. AUTHORIZE DISSOLVING ROAD RESERVATIONS CURRENTLY PLACED ON TAX PARCELS 280871, 280872, 280873 AND 284986; AUTHORIZE MAYOR OR SERV DIR TO TRANSFER SAME, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO CANTON COMMUNITY IMPROVEMENT CORP FOR SUBSEQUENT TRANSFER TO REFUGE OF HOPE MINISTRIES; EMERGENCY (C&ED) 2 ND RDG 16. AUTHORIZE MAYOR OR SERV DIR TO NEGOTIATE AND EXECUTE EASEMENT OVER TAX PARCEL 280840 TO STINGRAY VENTURES LLC THAT W ILL HAVE NO FORCE AND EFFECT UNLESS SURROUNDING PROPERTIES ARE EFFECTIVELY ACQUIRED BY STINGRAY VENTURES LLC; EMERGENCY (E&PU) 2 ND RDG 17. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CONTRACT AMENDMENTS W ITH STARK COUNTY COMMUNITY ACTION AGENCY FOR $50,000.00 FOR ENRICHMENT & ACADEMIC MENTORING AND $30,000.00 FOR EMPLOYMENT READINESS TRAINING; EMERGENCY (C&ED) 2 ND RDG 18. AUTHORIZE HIRING OF MR. JAMES BENEKOS AT SALARY OF $88,888.00 ANNUALLY W ITH 10 DAYS VACATION IN 2018 AND 15 DAYS VACATION FOR EACH YR THEREAFTER, UNTIL HIS CITY ACCRUED TIME CORRELATES W ITH APPLICABLE CITY VACATION SCHEDULE; EMERGENCY (W ATER DEPT FACILITIES ENGINEER) (PER) CANTON CITY COUNCIL AGENDA - PAGE 3 - JUNE 4, 2018 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 19. AUTHORIZE MAYOR OR SERV DIR TO: ADVERTISE, RECEIVE BIDS, AW ARD, EXECUTE CONSTRUCTION CONTRACT AND ENTER INTO AGMT(S) FOR AND TO RECEIVE GRANT FUNDS IN AMT OF $890,064.00 AND LOAN FUNDS IN AMT OF $509,566.00 FROM OHIO PUBLIC W ORKS COMMISSION FOR 47 TH ST NW STORM SEW ER REPAIR PROJ, GP 1241 & GP 1198; AUTHORIZE AUDITOR TO CREATE 4585 47 TH ST NW /PACKARD AVE NW 78-IN STORM SEW ER REPAIR PROJ, GP 1198 AND 4586 47 TH ST NW STORM SEW ER REPAIR PROJ, GP 1241 FUNDS; AMEND APPROP O#64/2018; EMERGENCY ($896,770.00 SUPP APPROP FR UNAPPROP BAL OF 4585 47 TH ST NW /PACKARD AVE NW 78-IN STORM SEW ER REPAIR PROJ, GP 1198 FUND TO 4585 202052 47 TH ST NW /PACKARD AVE NW 78-IN STORM SEW ER REPAIR PROJ, GP 1198 - OTHER; $502,860.00 SUPP APPROP FR UNAPPROP BAL OF 4586 47 TH ST NW STORM SEW ER REPAIR PROJ, GP 1241 FUND TO 4586 202053 47 TH ST NW STORM SEW ER REPAIR PROJ, GP 1241 - OTHER) (PPCI) 2 ND RDG 20. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO AGMT W ITH EAST OHIO GAS CO DBA DOMINION ENERGY OHIO FOR RELOCATION OF EXISTING LINES; AMEND APPROP O#64/2018; EMERGENCY ($380,771.00 SUPP APPROP FR UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PROJ, GP 1103 FUND TO 4566 202079 MAHONING RD CORRIDOR PROJ, GP 1103 - OTHER) (E&PU AND PPCI) 2 ND RDG 21. DECLARE CERTAIN PROPERTY NO LONGER NEEDED FOR MUNICIPAL PURPOSES AND AUTHORIZE ITS BID FOR SALE; EMERGENCY (STEAM LOCOMOTIVE AND TENDER) (PPCI) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: AM ENDED AS 122/2018 22. AMEND CHAPTERS 185, TRANSIENT LODGING TAX AND 759, ROOMING HOUSES, LODGING HOUSES AND RESIDENTIAL SOCIAL SERVICE FACILITIES OF CANTON CODIFIED ORDINANCES 123/2018 23. AMEND CHAPTER 1123, DEFINITIONS OF TITLE FIVE AND AMEND CHAPTER 1141, R-4 MULTI- FAMILY RESIDENTIAL DISTRICT OF TITLE SEVEN OF CODIFIED ORDINANCES OF CITY OF CANTON PUB HRG 6/4/18 @ 7:00 P.M . 124/2018 24. AUTHORIZE DISCHARGE OF DEMO LIENS, ASSESSMENTS, PENALTIES, AND INTEREST ON PROP KNOW N AS PARCEL #226346; EMERGENCY 125/2018 25. AUTHORIZE MAYOR OR SERV DIR TO EXECUTE PROF SERVS CONTRACT W ITH THRASER GROUP FOR DESIGN OF SITE MASTER PLAN FOR CANTON W ATER DEPT’S DISTRIBUTION SHOP; AMEND APPROP O#64/2018; EMERGENCY ($49,920.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207022 W ATER DISTRIBUTION - OTHER) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, June 18, 2018 in Council Caucus Room at 6:15 PM 1) Judiciary Com m ittee 2) Environm ental & Public Utilities Com m ittee 3) Com m unity & Econom ic Developm ent Com m ittee 4) Finance Com m ittee 5) Annexation Com m ittee M ISCELLANEOUS BUSINESS: None QUOTE OF THE W EEK: “Great things are not done by impulse, but by a series of small things brought together.” - Vincent Van Gogh ADJOURNM ENT: 8:35 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JUNE 18, 2018 @ 7:00 PM

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