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City Council

Regular Meeting

Canton, OH · April 22, 2019

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -184- MINUTES OF THE MEETING APRIL 22, 2019 PRESIDENT SHERER: 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: 11 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS) ELEVEN COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Eleven present, Mr. President. PRESIDENT SHERER: Tonight’s invocation will be given by Ward 5 Council Member, Robert Fisher. If you would all please stand and remain standing for the Pledges of...Pledge of Allegiance. The regular meeting of Canton City Council was held on April 22, 2019 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 given by Ward 5 Council Member, Robert Fisher. The Pledge of Allegiance was led by President Sherer. AGENDA CORRECTIONS & CHANGES PRESIDENT SHERER: Thank you Member Fisher. We are now under Agenda Corrections and Changes, Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 6 through 10 to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading of Ordinances 6 through 10 to this evening’s agenda. Are there any remarks? ... Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 6 through 10 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings and we have no Public Hearing for this evening. OLD BUSINESS PRESIDENT SHERER: We are now under Old Business and there is no Old Business for this evening. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -185- MINUTES OF THE MEETING APRIL 22, 2019 PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks. We have 2 speakers for tonight. Our first speaker is Pete DiGiacomo. MEMBER OF AUDIENCE: He’s having a kidney stone problem. PRESIDENT SHERER: Oh, okay. MEMBER OF AUDIENCE: (Inaudible). PRESIDENT SHERER: Oh, hopefully Pete’ll be back soon. Um, our next speaker is Patricia Kirk. Patricia, could you please step forward and give us your name and residential address, please. PATRICIA KIRK: My name is Patricia Kirk. I live at 131 - 5th St. NE, downtown here. Um, and I wanted to say, um, about the article in Sunday’s paper...about uh...“CANTON REVAMPS PLANS FOR DOWNTOWN GREEN SPACE. GAMECHANGER”. Um...it shows a proposed drawing for the future of Kresge Lot, but I would have to say it’s totally unrealistic. Yes, I realize it’s computer generated but Kresge Lot is not that big for that uh..structure that they plan to build. And later, when you turn to the inside pages of the newspaper, you find out that it’s really uh...$7 or $14 million, not just $12 million. They um...trees that are drawn in there...uh, for emphasis, are more trees that are in the city of Canton right now and you can’t place trees that close. Um, I wanted to say, Downtown Central Neighborhood Association has to sign a contract every year promising care of Kresge Lot. The city mows, which they always did. The city contributed trees in the very beginning that were planted wrong, and I have pictures. The wire cages were still planted around the roots and we hired a local ISA Certified Landscaper that cut the wires, dug them up and vertically mulched the trees. These are the trees that were cut down later. We had the walls built by a local company; we had the mulch delivered every year from a local company; we had the topsoil from a local company and we bought plants from local nurseries. You get the idea. Our signs were built by a local company. We always hire local ‘cause people need jobs. And, um...there is one way, sure way, to build up the city and if you’ve ever heard, “Strengthen What Remains”. If you see somebody having trouble, you ask them...we noticed you did a good job in the past, is there trouble, can we help you? So, um...that is actually how you invest in the city. Thank you very much. PRESIDENT SHERER: Thank you very much. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have none for this evening. COMMUNICATIONS PRESIDENT SHERER: 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 APRIL 22, 2019. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -186- MINUTES OF THE MEETING APRIL 22, 2019 132. COURT ADMIN KOCHERA: REQ $21,769.00 APPROP TRF FR OTHER - MISDEMEANOR JAIL DIVERSION GRANT FUND #701001-2767 TO PERSONNEL - MISDEMEANOR JAIL DIVERSION GRANT FUND #701001-2767. - FINANCE COMMITTEE 133. DEPUTY MAYOR WILLIAMS: AMEND O#69/2016 TO AUTHORIZE SID TO ENTER INTO NON-EXCLUSIVE AGMTS, NOT TO EXCEED 2 YRS, FOR SPECIFIC ADVERTISING ON “OFFICIAL CUP” USED IN DORA. - DOWNTOWN DEVELOPMENT AND JUDICIARY COMMITTEES 134. FINANCE DIRECTOR CROUSE: REQ $60,000.00 SUPP APPROP FR UNAPROP BAL OF 2185 URBAN TIF FUND TO 2185 871001 ONESTO TIF - OTHER FOR $30,000.00 AND TO 2185 871002 INNOVATION DISTRICT TIF - OTHER FOR $30,000.00; REQ $60,000.00 APPROP TRF FR 2185 501001 MAYOR ADMIN - OTHER TO 2185 871001 ONESTO TIF - OTHER FOR $30,000.00 AND TO 2185 871002 INNOVATION DISTRICT TIF - OTHER FOR $30,000.00. - FINANCE AND COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES 135. LIQUOR CONTROL COMM (OHIO): HRG NOTICE FOR RUBY MGMT LLC, DBA RUBY SALOON APPEAL SET FOR 5/9/19 AT 10:00 AM AT VERN RIFFE CTR FOR GOVT AND ARTS, 77 S HIGH ST, 19TH FL, COLUMBUS OH. - RECEIVED & FILED 136. MAYOR BERNABEI, MAJORITY LEADER SMITH, ASST MAJORITY LEADER BABCOCK, COUNCIL MBR CHESTER (WARD 2): CHANGE NAME OF “MARKET SQUARE” TO “CENTENNIAL PLAZA”; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL CONTRACT AMENDMENTS WITH MKSK AS NECESSARY FOR DESIGN AND CONSTRUCTION OVERSIGHT OF ALL PHASES OF CENTENNIAL PLAZA PROJ; AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY AND ALL CONSTRUCTION CONTRACTS NEEDED FOR SAID PROJ; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN PRIOR TO COMPLETION OF ALL CONTRACTS AND CONTRACT AMENDMENTS RESULTING FR THIS ORDINANCE AND PAYING ANY AND ALL MORAL OBS RELATED TO SAME; AUTHORIZE MAYOR AND/OR SERV DIR TO ACCEPT ANY AND ALL OUTSIDE FUNDING AND/OR GIFTS RELATED TO SAID PROJ; AUTHORIZE MAYOR TO ENTER INTO AGMT WITH HOF FOR PROGRAMMING, ETC; REQ $7,409,000.00 SUPP APPROP FR UNAPPROP BAL OF 2175 COMPREHENSIVE PLAN FUND TO 2175 200501 - GENERAL GOV’T ADMIN - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE AND DOWNTOWN DEVELOPMENT COMMITTEES 137. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER NO. 9 WITH BEAVER EXCAVATING CO IN AMT OF $109,682.88 FOR 12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJ, GP 1160, PID 90671; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN FOR FURTHERANCE OF SAID PROJ PRIOR TO FINALIZATION OF SAID CHANGE ORDER AND AUTHORIZE AND DIRECT AUDITOR TO PAY ANY AND ALL RELATED MORAL OBS; REQ $109,682.88 SUPP APPROP FR UNAPPROP BAL OF 4581 12TH ST NW BRIDG REP STR PROJ FUND TO 4581 202091 12 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -187- MINUTES OF THE MEETING APRIL 22, 2019 ST NW BRIDGE REPL GP 1160 (OTHER); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 138. SERVICE DIRECTOR HIGHMAN: AUTHORIZE AND DIRECT AUDITOR TO PAY MORAL OB FOR READY MIX CONCRETE TO DIANO SUPPLY CO IN AMT NOT TO EXCEED $2,788.00; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 139. SERVICE DIRECTOR HIGHMAN: RETRO AUTHORIZE ANY ACTIONS TAKEN PRIOR TO ISSUING OF NEW (REPLACEMENT) PO’S FOR OH POWER CO (AEP), AT&T, EAST OH GAS CO DBA DOMINION ENERGY OH (DEO) AND CHARTER COMMUNICATIONS (SPECTRUM) TO FACILITATE MAHONING RD CORRIDOR PROJ, PHASE 2, GP 1103, PID 90365 AND AUTHORIZE AUDITOR TO PAY ANY AND ALL MORAL OBS RELATED TO SAME; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 140. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXTEND WATER MAIN ALONG WOODLAND ST SW IN VILLAGE OF HARTVILLE; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER ANY AND ALL AGMTS, INCLUDING EASEMENT AGMTS, NECESSARY FOR SAID EXT; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROFESSIONAL SERVICES CONTRACT WITH CT CONSULTANTS, INC FOR DESIGN OF SAID EXT PROJ; REQ $27,390.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207062 WOODLAND ST SW WATER MAIN EXTENSION FUND - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL & PUBLIC UTILITIES AND FINANCE COMMITTEES ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Mr. Clerk, please begin with Ordinance #1. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #5 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF PART OF LOT 37672 AND PART OF OUT LOT 1409; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 304506, 10010416 & 10010429 @ 3112 CLEVELAND AVE NW FOR DEVILLE DEV LLC, WARD 7) Referred to Public Safety & Throughfares Committee #2. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL OF OUT LOT 1283 AND PART OF OUT LOT 1284; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 223650, 400885 & COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -188- MINUTES OF THE MEETING APRIL 22, 2019 10010995 @ 1901 STEINWAY BLVD SE FOR STEINWAY ASSOC LLC, WARD 4) Referred to Public Safety & Throughfares Committee #3. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOTS 24701 THROUGH 24709 AND PARTS OF LOTS 24710 AND 24711; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 204119, 284418, 284419, 284420, 284421, 284422, 285453, 285454 & 285478 @ 413 CORNELIA AVE NE FOR UNION BAPTIST CHURCH, WARD 4) Referred to Public Safety & Throughfares Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019 AND DECLARING THE SAME TO BE AN EMERGENCY ($25,000.00 APPROP TRF FR 1001 102001 POLICE ADMIN - PERSONNEL TO 1001 102001 POLICE ADMIN - OTHER) (GRANTS ADMIN FOR POLICE DEPT) Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AMENDING SECTION 339.02 USE OF LOCAL STREETS; LOCAL PERMIT AND CONDITIONS OF CHAPTER 339, COMMERCIAL HEAVY VEHICLES OF THE TRAFFIC CODE Referred to Judiciary Committees CLERK DOUGHERTY: Mr. President. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, please begin with Ordinance #6. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #6 THROUGH #10 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #6. (2ND RDG) AN ORDINANCE AMENDING SECTIONS 551.05, PROCEDURE AFTER FAILURE TO COMPLY, OF THE GENERAL OFFENSES CODE AND 947.09, PAYMENT, OF CHAPTER 947 SEWER RATES; AMENDING CHAPTER 975, SOLID WASTE MANAGEMENT SYSTEM #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO ENTER INTO A RENEWAL OF THE MAINTENANCE AND SUPPORT AGREEMENT WITH TYLER TECHNOLOGIES EFFECTIVE APRIL 1, 2019 WITH A TERM EFFECTIVE FOR ONE YEAR WHICH WILL RENEW AUTOMATICALLY FOR ADDITIONAL ONE YEAR TERMS UNLESS TERMINATED BY EITHER PARTY AT A COST OF $80,000 WITH AN ANNUAL INCREASE OF NO MORE THAN 4% PER YEAR FOR YEARS SIX THROUGH TEN; AUTHORIZING THE AUDITOR TO PAY ANY AND COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -189- MINUTES OF THE MEETING APRIL 22, 2019 ALL MORAL OBLIGATIONS FOR SAID AGREEMENT RESULTING PRIOR TO THE PASSAGE OF THIS ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT AMENDMENT NUMBER 2 WITH STEP CG, LLC IN AN APPROXIMATE AMOUNT OF $11,644.81 FOR THE CITY PHONE UPGRADE; RETROACTIVELY AUTHORIZES ANY AND ALL ACTIONS TAKEN RELATED TO SAID CONTRACT AMENDMENT PRIOR TO THE FINALIZATION OF THE CONTRACT RESULTING FROM THIS ORDINANCE; AMENDING APPROPRIATION ORDINANCE NO. 50/2019;AND DECLARING THE SAME TO BE AN EMERGENCY ($11,644.81 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 206005 OPERATION AND MAINTENANCE - OTHER) #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE BUILDING OF A NEW PARKING LOT, NEW ACCESS ROAD, GRADING, STORM SEWER AND WETLAND MITIGATION OF THE CANTON WATER DEPARTMENT’S DISTRIBUTION FACILITY; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($761,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207059 WATER SHOP IMPROVEMENTS - OTHER) #10. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ONE OR MORE PROFESSIONAL SERVICES CONTRACTS AND/OR AMENDMENTS WITH BLACK, MCCUSKEY, SOUERS & ARBAUGH LPA FOR LEGAL MATTERS RELATED TO THE 38TH STREET NW WATER MAIN REPLACEMENT AND ROADWAY RECONSTRUCTION PROJECT; RETROACTIVELY AUTHORIZES ANY ACTIONS TAKEN RELATED TO SAID LEGAL SERVICES PRIOR TO THE FINALIZATION OF THE CONTRACT RESULTING FROM THIS ORDINANCE; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($25,000.00 INTRA-FUND APPROP TRF FR 4501 207037 38TH ST NW IMPROV PROJ - OTHER TO 4501 202001 ENGINEERING ADMIN - OTHER) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Third/Final Reading and Vote. Mr. Clerk, please begin with Ordinance #11. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -190- MINUTES OF THE MEETING APRIL 22, 2019 FOLLOWING ORDINANCES #11 THROUGH #13 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #11. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 71/2019 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO: ENTER INTO ONE OR MORE CONTRACTS WITH THE BOARD OF STARK COUNTY COMMISSIONERS AND/OR THE STARK COUNTY LAND REUTILIZATION CORP. FOR THE ADMINISTRATION OF THE 50/50 SPLIT PROGRAM; TO ACQUIRE OR ACCEPT BLIGHTED PROPERTIES FOR DEMOLITION OF BLIGHTED PROPERTIES; ACCEPT ANY OUTSIDE FUNDS; ENTER INTO ANY CONTRACTS NECESSARY FOR THE DEMOLITION OF SAID PROPERTIES IN AN AMOUNT NOT TO EXCEED $50,000.00 TOTAL PER PROPERTY WITHOUT THE UTILIZING THE INFORMAL RESOLUTION PROCESS REQUIRED BY SECTION 105.09 OF THE CANTON CODIFIED ORDINANCES; AND ADVERTISE, RECEIVE BIDS, AWARD OR ENTER INTO CONTRACT FOR THE DEMOLITION OF SAID PROPERTIES IF THE TOTAL ACQUISITION/DEMOLITION EXPENSES ARE ESTIMATED TO BE IN EXCESS OF $50,000.00 FOR A PARTICULAR PROPERTY; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($800,000.00 SUPP APPROP FR UNAPPROP BAL OF 5701 BUILDING CODE FUND TO 5701 101501 CODE ENFORCEMENT ADMIN - OTHER) PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #11. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #11. Are there any remarks? ... Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #11 per the copy that each Council Member have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance #11 per the copy before each of you. Are there any remarks? Hearing none, by vote...voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. The motion carries. Leader Smith. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -191- MINUTES OF THE MEETING APRIL 22, 2019 MEMBER SMITH: Mr. President, I move we adopt Ordinance #11, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 11 by amending Section 6 to change the dollar amount of “$800,000.00" to “$400,000.00".. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #11, as amended. Are there any remarks under this Ordinance, as amended?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #11 ADOPTED AS AMENDED AS ORDINANCE NO. 71/2019 PRESIDENT SHERER: Ordinance #11, as amended, is adopted. Ordinance #12, please. #12. (3RD RDG) ADOPTED AS ORDINANCE NO. 72/2019 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT WITH THE BOARD OF STARK COUNTY COMMISSIONERS FOR PURPOSES OF HOUSING PRISONERS; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($40,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 102001 POLICE ADMINISTRATION - OTHER) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #12. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #12. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #12 ADOPTED AS ORDINANCE NO. 72/2019 PRESIDENT SHERER: Motion carries and Ordinance #12 is adopted. Ordinance #13, please. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 73/2019 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ARCADIS COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -192- MINUTES OF THE MEETING APRIL 22, 2019 FOR DESIGN OF THE EDGEFIELD AVENUE AREA WATER MAIN REPLACEMENT PROJECT PHASE II; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($148,500.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207061 EDGEFIELD AVENUE AREA WATER MAIN REPLACEMENT PROJECT - PHASE II - OTHER) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #13. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #13. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 73/2019 PRESIDENT SHERER: Motion carries and Ordinance #13 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcements of Committee Meetings. MEMBER MORRIS: Mr. President. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: Finance will meet April 29th at 6:30 PM. MEMBER MARIOL: Mr. President. PRESIDENT SHERER: Member Mariol. MEMBER MARIOL: Judiciary will meet same time...excuse me...same time, same place. MEMBER HAWK: Mr. President. Public Safety & Thoroughfares will meet on that night also. Thank you. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? I would like to welcome the Jackson High School students to uh...Canton City Council tonight. Thank you for coming. Is there any other business...Miscellaneous Business for this evening. Hearing none, Clerk Dougherty our quote for the week, please. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -193- MINUTES OF THE MEETING APRIL 22, 2019 CLERK DOUGHERTY: “Be strong, but not rude; be kind, but not weak; be bold, but not bully; be humble, but not timid; be proud, but not arrogant.” - Zig Ziglar PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adjourn. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SHERER: This meeting is adjourned. Thank you for coming. (Gavel falls). ADJOURNMENT TIME: 7:15 PM ATTEST: APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER II CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:00 PM APRIL 22, 2019 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 Sherer AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#6 - O#10; O#11 Adopted as Am ended) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Patricia Kirk stated that the article in Sunday’s paper showing the drawing for the proposed Kresge lot is unrealistic. The lot is not big enough for the structure they plan to build and trees cannot be placed that close together. The trees the City contributed to the Kresge lot were planted wrong and the Downtown Central Neighborhood Association hired local com panies to rem ove the wires and m ulch around them . They always hired local com panies to deliver topsoil and m ulch, and purchased the plants from a local nursery. People need jobs and this is how we invest in the City. INFORM AL RESOLUTIONS: None COM M UNICATIONS: 132. COURT ADMIN KOCHERA: REQ $21,769.00 APPROP TRF FR OTHER - MISDEMEANOR JAIL DIVERSION GRANT FUND #701001-2767 TO PERSONNEL - MISDEMEANOR JAIL DIVERSION GRANT FUND #701001-2767. - FINANCE COMMITTEE 133. DEPUTY MAYOR W ILLIAMS: AMEND O#69/2016 TO AUTHORIZE SID TO ENTER INTO NON- EXCLUSIVE AGMTS, NOT TO EXCEED 2 YRS, FOR SPECIFIC ADVERTISING ON “OFFICIAL CUP” USED IN DORA. - DOW NTOW N DEVELOPMENT AND JUDICIARY COMMITTEES 134. FINANCE DIRECTOR CROUSE: REQ $60,000.00 SUPP APPROP FR UNAPROP BAL OF 2185 URBAN TIF FUND TO 2185 871001 ONESTO TIF - OTHER FOR $30,000.00 AND TO 2185 871002 INNOVATION DISTRICT TIF - OTHER FOR $30,000.00; REQ $60,000.00 APPROP TRF FR 2185 501001 MAYOR ADMIN - OTHER TO 2185 871001 ONESTO TIF - OTHER FOR $30,000.00 AND TO 2185 871002 INNOVATION DISTRICT TIF - OTHER FOR $30,000.00. - FINANCE AND COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES 135. LIQUOR CONTROL COMM (OHIO): HRG NOTICE FOR RUBY MGMT LLC, DBA RUBY SALOON APPEAL SET FOR 5/9/19 AT 10:00 AM AT VERN RIFFE CTR FOR GOVT AND ARTS, 77 S HIGH ST, 19 TH FL, COLUMBUS OH. - RECEIVED & FILED 136. MAYOR BERNABEI CHANGE NAME OF “MARKET SQUARE” TO “CENTENNIAL PLAZA”; MAJORITY LEADER SMITH AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ASST MAJORITY LEADER BABCOCK ALL CONTRACT AMENDMENTS W ITH MKSK AS NECESSARY FOR COUNCIL MBR CHESTER (W ARD 2): DESIGN AND CONSTRUCTION OVERSIGHT OF ALL PHASES OF CENTENNIAL PLAZA PROJ; AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO ANY AND ALL CONSTRUCTION CONTRACTS NEEDED FOR SAID PROJ; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN PRIOR TO COMPLETION OF ALL CONTRACTS AND CONTRACT AMENDMENTS RESULTING FR THIS ORDINANCE AND PAYING ANY AND ALL MORAL OBS RELATED TO SAME; AUTHORIZE MAYOR AND/OR SERV DIR TO ACCEPT ANY AND ALL OUTSIDE FUNDING AND/OR GIFTS RELATED TO SAID PROJ; AUTHORIZE MAYOR TO ENTER INTO AGMT W ITH HOF FOR PROGRAMMING, ETC; REQ $7,409,000.00 SUPP APPROP FR UNAPPROP BAL OF 2175 COMPREHENSIVE PLAN FUND TO 2175 200501 - GENERAL GOV’T ADMIN - OTHER; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE AND DOW NTOW N DEVELOPMENT COMMITTEES 137. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER NO. 9 W ITH BEAVER EXCAVATING CO IN AMT OF $109,682.88 FOR 12 TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJ, GP 1160, PID 90671; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN FOR FURTHERANCE OF SAID PROJ PRIOR TO FINALIZATION OF SAID CHANGE ORDER AND AUTHORIZE AND DIRECT AUDITOR TO PAY ANY AND ALL RELATED MORAL OBS; REQ $109,682.88 SUPP APPROP FR UNAPPROP BAL OF 4581 12 TH ST NW BRIDG REP STR PROJ FUND TO 4581 202091 12 ST NW BRIDGE REPL GP 1160 (OTHER); AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 138. SERVICE DIRECTOR HIGHMAN: AUTHORIZE AND DIRECT AUDITOR TO PAY MORAL OB FOR READY MIX CONCRETE TO DIANO SUPPLY CO IN AMT NOT TO EXCEED $2,788.00; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - APRIL 22, 2019 COM M UNICATIONS CONTINUED: 139. SERVICE DIRECTOR HIGHMAN: RETRO AUTHORIZE ANY ACTIONS TAKEN PRIOR TO ISSUING OF NEW (REPLACEMENT) PO’S FOR OH POW ER CO (AEP), AT&T, EAST OH GAS CO DBA DOMINION ENERGY OH (DEO) AND CHARTER COMMUNICATIONS (SPECTRUM) TO FACILITATE MAHONING RD CORRIDOR PROJ, PHASE 2, GP 1103, PID 90365 AND AUTHORIZE AUDITOR TO PAY ANY AND ALL MORAL OBS RELATED TO SAME; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 140. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXTEND W ATER MAIN ALONG W OODLAND ST SW IN VILLAGE OF HARTVILLE; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER ANY AND ALL AGMTS, INCLUDING EASEMENT AGMTS, NECESSARY FOR SAID EXT; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROFESSIONAL SERVICES CONTRACT W ITH CT CONSULTANTS, INC FOR DESIGN OF SAID EXT PROJ; REQ $27,390.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207062 W OODLAND ST SW W ATER MAIN EXTENSION FUND - OTHER; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL & PUBLIC UTILITIES AND FINANCE COMMITTEES ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. APPROVE AND ACCEPT REPLAT OF PART OF LOT 37672 AND PART OF OUT LOT 1409; EMERGENCY (PARCELS 304506, 10010416 & 10010429, 3112 CLEVELAND AVE NW FOR DEVILLE DEV LLC, W ARD 7) Referred to Public Safety & Thoroughfares Com m ittee 1 ST RDG 2. APPROVE AND ACCEPT REPLAT OF ALL OF OUT LOT 1283 AND PART OF OUT LOT 1284; EMERGENCY (PARCELS 223650, 400885 & 10010995, 1901 STEINW AY BLVD SE FOR STEINW AY ASSOC LLC, W ARD 4) Referred to Public Safety & Thoroughfares Com m ittee 1 ST RDG 3. APPROVE AND ACCEPT REPLAT OF LOTS 24701 THRU 24709 AND PARTS OF LOTS 24710 AND 24711; EMERGENCY (PARCELS 204119, 284418, 284419, 284420, 284421, 284422, 285453, 285454 & 285478, 413 CORNELIA AVE NE FOR UNION BAPTIST CHURCH, W ARD 4) Referred to Public Safety & Thoroughfares Com m ittee 1 ST RDG 4. AMEND APPROP O#50/2019; EMERGENCY ($25,000.00 APPROP TRF FR 1001 102001 POLICE ADMIN - PERSONNEL TO 1001 102001 POLICE ADMIN - OTHER) Referred to Finance Com m ittee 1 ST RDG 5. AMEND SEC 339.02; USE OF LOCAL STREETS; LOCAL PERMIT AND CONDITIONS OF CHAPTER 339, COMMERCIAL HEAVY VEHICLES OF TRAFFIC CODE Referred to Judiciary Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#6 - O#10) 2 ND RDG 6. AMEND SEC 551.05, PROCEDURE AFTER FAILURE TO COMPLY, OF GENERAL OFFENSES CODE AND 947.09, PAYMENT, OF CHAPTER 947 SEW ER RATES; AMEND CHAPTER 975, SOLID W ASTE MGMT SYSTEM (JUD) 2 ND RDG 7. AUTHORIZE AUDITOR TO ENTER INTO RENEW AL OF MAINTENANCE AND SUPPORT AGMT W ITH TYLER TECHNOLOGIES EFFECTIVE 4/1/19 W ITH TERM EFFECTIVE FOR ONE YR W HICH W ILL RENEW AUTOMATICALLY FOR ADDITIONAL ONE YR TERMS UNLESS TERMINATED BY EITHER PARTY AT COST OF $80,000.00 W ITH ANNUAL INCREASE OF NO MORE THAN 4% PER YR FOR YEARS SIX THRU TEN; AUTHORIZE AUDITOR TO PAY MORAL OBS FOR AGMT RESULTING PRIOR TO PASSAGE OF THIS ORDINANCE; EMERGENCY (FIN) 2 ND RDG 8. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CONTRACT AMENDMENT NUMBER 2 W ITH STEP CG, LLC IN APPROX AMT OF $11,644.81 FOR CITY PHONE UPGRADE; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN RELATED TO CONTRACT AMENDMENT PRIOR TO FINALIZATION OF CONTRACT RESULTING FR THIS ORD; AMEND APPROP O#50/2019; EMERGENCY ($11,644.81 SUPP APPROP FR UNAPPROP BAL OF 5410 SEW ER OPERATING FUND TO 5410 206005 OPERATION AND MAINTENANCE - OTHER) (FIN) 2 ND RDG 9. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND EXECUTE CONSTRUCTION CONTRACT FOR BUILDING NEW PARKING LOT, NEW ACCESS ROAD, GRADING, STORM SEW ER AND W ETLAND MITIGATION OF CANTON W ATER DEPT DISTRIBUTION FACILITY; AMEND APPROP O#50/2019; EMERGENCY ($761,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207059 W ATER SHOP IMPROVEMENTS - OTHER) (FIN) CANTON CITY COUNCIL AGENDA - PAGE 3 - APRIL 22, 2019 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 10. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO ONE OR MORE PROF SERVS CONTRACTS AND/OR AMENDMENTS W ITH BLACK, MCCUSKEY, SOUERS & ARBAUGH LPA FOR LEGAL MATTERS RELATED TO 38 TH ST NW W ATER MAIN REPLACEMENT AND ROADW AY RECONSTRUCTION PROJ; RETRO AUTHORIZE ANY ACTIONS TAKEN RELATED TO LEGAL SERVS PRIOR TO FINALIZATION OF CONTRACT RESULTING FR THIS ORD; AMEND APPROP O#50/2019; EMERGENCY ($25,000.00 INTRA- FUND APPROP TRF FR 4501 207037 38 TH ST NW IMPROV PROJ - OTHER TO 4501 202001 ENGINEERING ADMIN - OTHER) (FIN & PPCI) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: AM ENDED 71/2019 11. AUTHORIZE MAYOR OR SAF DIR TO: ENTER INTO ONE OR MORE CONTRACTS W ITH BD OF STARK CO COMMISSIONERS AND/OR STARK CO LAND REUTILIZATION CORP FOR ADMIN OF 50/50 SPLIT PROG; TO ACQUIRE OR ACCEPT BLIGHTED PROPERTIES FOR DEMO OF BLIGHTED PROPERTIES; ACCEPT ANY OUTSIDE FUNDS; ENTER INTO ANY CONTRACTS NECESSARY FOR DEMO OF SAID PROPERTIES IN AMT NOT TO EXCEED $50,000.00 TOTAL PER PROPERTY W ITHOUT UTILIZING INFORMAL RESOLUTION PROCESS REQUIRED BY SEC 105.09 OF CANTON CODIFIED ORD; AND ADVERTISE, RECEIVE BIDS, AW ARD OR ENTER INTO CONTRACT FOR DEMO OF SAID PROPERTIES IF TOTAL ACQUISITION/DEMO EXPENSES ARE ESTIMATED TO BE IN EXCESS OF $50,000.00 FOR PARTICULAR PROPERTY; AMEND APPROP O#50/2019; EMERGENCY ($800,000.00 SUPP APPROP FR UNAPPROP BAL OF 5701 BUILDING CODE FUND TO 5701 101501 CODE ENFORCEMENT ADMIN - OTHER) 72/2019 12. AUTHORIZE MAYOR OR SAF DIR TO ENTER INTO CONTRACT W ITH BD OF STARK CTY COMMISSIONERS FOR PURPOSES OF HOUSING PRISONERS; AMEND APPROP O#50/2019; EMERGENCY ($40,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 102001 POLICE ADMIN - OTHER) 73/2019 13. AUTHORIZE MAYOR OR SERV DIR TO EXECUTE PROFESSIONAL SERVICES CONTRACT W ITH ARCADIS FOR DESIGN OF EDGEFIELD AVE AREA W ATER MAIN REPLACEMENT PROJ PHASE II; AMEND APPROP O#50/2019; EMERGENCY ($148,500.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207061 EDGEFIELD AVE AREA W ATER MAIN REPLACEMENT PROJ - PHASE II - OTHER) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, April 29, 2019 in Council Caucus Room at 6:30 PM 1) Finance Com m ittee 2) Judiciary Com m ittee 3) Public Safety & Thoroughfares Com m ittee M ISCELLANEOUS BUSINESS: President Sherer welcom ed the Jackson High School students and thanked them for com ing to the m eeting. QUOTE OF THE W EEK: “Be strong, but not rude; be kind, but not weak; be bold, but not bully; be humble, but not timid; be proud, but not arrogant.” - Zig Ziglar ADJOURNM ENT: 7:15 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, APRIL 29, 2019 @ 7:00 PM

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