CITY OF AKRON, OHIO
Mike Freeman, President
Margo Sommerville, Vice-President
Donnie Kammer, President Pro-Tem
Members of Council:
Michael Williams, At-Large
Linda Omobien, At-Large
DeAndre Forney, At-Large
Rich Swirsky, Ward 1
Jim Hurley, Ward 2
Margo Sommerville, Ward 3
Russel Neal, Ward 4
Tara Mosley-Samples, Ward 5
Bob Hoch, Ward 6
Donnie Kammer, Ward 7
Marilyn Keith, Ward 8
Mike Freeman, Ward 9
Jack Hefner, Ward 10
www.akroncitycouncil.org
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COUNCIL AGENDA FOR DECEMBER 14, 2015
Regular Meeting held on December 7, 2015. All members were present. Minutes of the previous regular
meeting read and approved.
CONSENT AGENDA
(1) Resolution amending Resolution No. 53-2012, to supplement the “Rules of Procedure for Akron
City Council” in order to implement Rule 5.8 “Use of Cell Phones and Other Electronic Devices”; and
declaring. (RULES)
(2) Ordinance approving the sale of various parcels of City-owned land; determining said properties
are not needed for public use; and declaring an emergency. (PLANNING)
(3) Ordinance declaring certain improvements to real property located in the Ascot Urban
Redevelopment Area to be a public purpose and exempt from real property taxation, providing for the
collection of service payments in lieu of taxes and the deposit of those service payments in the appropriate
fund, providing for the payment of a portion of the service payments to the Woodridge Local Schools, all
pursuant to Ohio Revised Code Sections 5709.41 to 5709.43 (the “Act”); and declaring an emergency.
(PLANNING)
(4) Ordinance declaring certain improvements to real property located in the South Main-Miller
Urban Redevelopment Area to be a public purpose and exempt from real property taxation, providing for the
collection of service payments in lieu of taxes and the deposit of those service payments in the appropriate
fund, providing for the payment of a portion of the service payments to the Akron Public School District, all
pursuant to Ohio Revised Code Sections 5709.41 to 5709.43 (the “Act”); and declaring an emergency.
(PLANNING)
(5) Ordinance authorizing the Mayor, the Director of Public Service, the Director of Finance, and the
Director of Neighborhood Assistance to enter into contracts, after publicly advertising for bids, for the
purchase of materials and services needed by the various divisions and departments of the City for a period
of time not to exceed three years; approving specifications therefor; and declaring an emergency. (PUBLIC
SERVICE)
(6) Ordinance authorizing the Mayor to submit an application to the United States Environmental
Protection Agency (EPA) for funding from the Brownfields Community-Wide Assessment Grant Program
for the assessment of hazardous substances and petroleum at various sites located throughout the City, and
enter into agreements to implement the grant program; and declaring an emergency. (PUBLIC SERVICE)
(7) Ordinance ratifying the actions of the Director of Public Service in entering into a contract with
A. Crano Excavating for the emergency repair of the sanitary lateral sewer at 1966 South Main Street;
authorizing payment therefor; and declaring an emergency. (PUBLIC SERVICE)
(8) Resolution declaring it necessary to improve Exchange Street between the termini of South
Portage Path and Arc Drive and Cedar Street between the termini of West Exchange Street and South
Broadway Street by resurfacing; and declaring an emergency. (PUBLIC SERVICE)
(9) Ordinance ratifying the actions of the Director of Public Service in entering into a contract with
H.M. Miller Construction Company for emergency pavement restoration services on Middleton Road in
Hudson; authorizing payment therefor; and declaring an emergency. (PUBLIC UTILITIES)
(10) Ordinance amending and/or supplementing Title 5, “Public Works”, Chapter 50, “Sewers”,
Section 50.22, “Sewer Service Charges” of the Code of Ordinances of the City of Akron, to establish sewer
service charges for master meter customers; and declaring an emergency. (PUBLIC UTILITIES)
(11) Ordinance amending and/or supplementing Title 13 “General Offenses,” Chapter 138 “Drug
offenses,” to forbid one in control of property from providing it to another for the purpose of committing a
drug abuse offense; and declaring an emergency. (PUBLIC SAFETY)
(12) Ordinance authorizing the execution of a relocation grant agreement with Berran Industrial
Group, Inc, to support job creation in the City of Akron; and declaring an emergency. (ECONOMIC
DEVELOPMENT & JOB CREATION)
RULES
(M. FREEMAN, CHAIRMAN)
NO ITEMS
BUDGET AND FINANCE
(J. HURLEY, CHAIRMAN)
NO ITEMS
PLANNING
(M. KEITH, CHAIRWOMAN)
TIME:
(1) Ordinance approving the sale of 0.30 acres of City-owned land located on the north side of
Crosby Street, west of Bittman Street to Mike Vandevere, determining said property is not needed for public
use; and declaring an emergency. (11/23/15)
(2) D-152. 2014-2018 Capital Investment and Community Development Program. (1/5/15)
(3) D-31. Petition of Lonnie Jones for a Conditional Use to establish a rooming house at 460 South
Maple Street. (PC-2012-15)(04/16/12)
(4) D-160. 2012-2016 Capital Investment and Community Development Program. (1/7/13)
FILED:
(5) D-290. Petition of Mike VanDevere for a Conditional Use to expand an automobile dealership at
300 West Marekt Street and sale of city-owned land on Crosby Street to VanDevere, Inc. (PC-2015-69CU&S)(11/6/15)
(6) D-291. Petition of Gino Faciana for a Conditional Use to construct a new office building and
additional signage at 540 White Ponde Drive. (PC-2015-70)(11/9/15)
(7) D-292. Petition of A. P. Troppe for a Conditional Use to place electronic message center (EMC)
signage at 51 East Market Street. (PC-2015-71)(11/9/15)
PUBLIC SERVICE
(J. HURLEY, CHAIRMAN)
TIME:
(1) Ordinance authorizing the Director of Public Service to enter into contracts for the purchase
and/or lease of concrete trucks and dump trucks; approving specifications therefore; approving the lease or
sale of the vehicles; and declaring an emergency. (3/2/15)
PUBLIC UTILITIES
(B. HOCH, CHAIRMAN)
NO ITEMS
PUBLIC SAFETY
(D. KAMMER, CHAIRMAN)
NO ITEMS
PARKS AND RECREATION
(R. NEAL, CHAIRMAN)
FIRST READING AND REFERRED:
(1) Ordinance amending and or supplementing Title 9 “General Provisions,” Chapter 96 “Parks,”
Article 2 “Parks and Recreation Board” of the Codified Ordinances of the City of Akron to update the
composition of the Board and allow for additional members; and declaring an emergency. (12/7/15)
(2) Resolution approving and confirming the appointments of Pastor Gregory Harrison, Gerald
White, Cathy Isenhart, Oladele Olabisi, Mike Dies, Joyce Bowers, Councilman Russel Neal, Jr., as the
current Chairperson of the Parks and Recreation Committee, and Superintendent David James or his
designee, as a representative of the Akron Public Schools, to the Parks and Recreation Board; and declaring
an emergency. (12/7/15)
HOUSING
(M. KEITH, CHAIRWOMAN)
NO ITEMS
HEALTH AND SOCIAL SERVICE
(L. OMOBIEN, CHAIRWOMAN)
NO ITEMS
ECONOMIC DEVELOPMENT & JOB CREATION
(M. SOMMERVILLE, CHAIRWOMAN)
NO ITEMS
GREEN/SUSTAINABILITY
(R. SWIRSKY, CHAIRMAN)
FIRST READING AND REFERRED:
(1) Ordinance amending and or supplementing Title____, of the Codified Ordinances of the City of
Akron, Chapter ______, to implement Section ____ “Livable, Complete and Green Streets Design,” to
provide for the consideration of Livable Complete and Green Street guidelines in all City of Akron
construction projects within the public right-of-way; and declaring an emergency. (12/7/15)
MISCELLANEOUS
FILED: VIVA VOCE. D-300. Letter from Akron resident James Kaltwasser, 703 Chester Avenue, urging
the city representatives that their primary responsibility is to do all they can to protect Akron from any and
all threats to the city.
FILED: VIVA VOCE. D-301. Notice from Dominion East Ohio Gas informing council that the PUCO has
approved an increase in Dominion East Ohio’s rates and charges for service.
REPRESENTATION FROM VARIOUS DEPARTMENTS AND DIVISIONS:
Mayor Fusco; James Hardy, Chief of Staff/Transition Coordinator; Ellen Lander Nischt, Chief of
Staff/Assistant Director of Law; Patti Ambrose-Rubright, Director of Law; Diane Miller-Dawson, Director
of Finance; John Valle, Director of Neighborhood Assistance; John Moore, Director of Service; Chris Ludle,
Deputy Director of Service; Sam DeShazior, Deputy Mayor, Economic Development; Justin Hines,
Economic Development; Mike Antenucci, Zoning
COMMITTEE MEETINGS
Scheduled for Monday, December 14, 2015:
1:30 P.M.
2:00 P.M.
2:15 P.M.
2:15 P.M.
2:30 P.M.
Planning
Public Service
Public Safety
Parks & Recreation
Public Utilities
2:45 P.M.
3:00 P.M.
3:15 P.M.
3:30 P.M.
3:30 P.M.
Economic Development & Job Creation
Budget and Finance
Green/Sustainability
Health & Social Service
Housing
**REMINDER: Regular Council Meeting is at 5:30 p.m. on December 14, 2015.
New Council will be sworn in at 7:00 p.m.**
On Motion, Council adjourned at 8:04 p.m.
Robert Keith
Clerk of Council
ORDINANCE PASSED AT SPECIAL MEETING DECEMBER 5, 2015
ORD. NO. 377-2015 setting the date for the organizational meeting of the newly-elected Council for
the first regularly scheduled Council meeting of 2016 (January 4, 2016); extending the terms of the existing
officers of Council until such time as their successors are elected at this organizational meeting; and
declaring an emergency. VOTE: 7-5 (Hoch, Williams, Omobien, Mosley-Samples, Neal) (Sommerville
absent)
ORDINANCES AND RESOLUTIONS PASSED DECEMBER 7, 2015:
ORD. NO. 378-2015 amending and/or supplementing Title 15 “Land Usage,” Chapter 150
“Environmental Health Housing Code,” to require a property owner to disclose notice of Housing Code
violations to occupants and potential occupants; and declaring an emergency. VOTE: 13-0
ORD. NO. 379-2015 amending Ordinance No. 86-2015, passed March 30, 2015, Ordinance 2812015 passed September 28, 2015, which established the annual appropriation for the current expenses, other
expenditures and the capital outlays of the City of Akron for the fiscal year ending December 31, 2015 and
declaring an emergency. VOTE: 13-0
ORD. NO. 380-2015 authorizing the issuance of a bond of the City in a principal amount not to
exceed $805,000 for sale to the Water Pollution Control Loan Fund of the State of Ohio to finance the costs
of improvements to the City’s wastewater system; pledging certain revenues from the City’s wastewater
system on a subordinated basis to secure the payment of the principal of and interest on the Bond; and
authorizing the execution and delivery of the Bond, the Trust Agreement and other documents and the taking
of other actions related to the issuance and sale of the Bond, and declaring an emergency. VOTE: 13-0
ORD. NO. 381-2015 authorizing the issuance of a bond of the City in a principal amount not to
exceed $5,400,000 for sale to the Water Pollution Control Loan Fund of the State of Ohio to finance the
costs of improvements to the City’s wastewater system; pledging certain revenues from the City’s
wastewater system on a subordinated basis to secure the payment of the principal of and interest on the
Bond; and authorizing the execution and delivery of the Bond, the Trust Agreement and other documents and
the taking of other actions related to the issuance and sale of the Bond, and declaring an emergency. VOTE:
13-0
ORD. NO. 382-2015 approving and authorizing the execution of a Contract for Sale of Land for
Private Redevelopment, providing for the sale and redevelopment of property on Firestone Parkway to
Akron Paint & Varnish, Inc. or its designee, pursuant to the Firestone North Urban Renewal Area Renewal
Plan and the Firestone Park Redevelopment Plan; finding such property is not needed for any public use, and
related findings; and declaring an emergency. VOTE: 13-0
ORD. NO. 383-2015 declaring improvements to certain parcels of real property to be a public
purpose, describing the public improvements to be made to directly benefit those parcels, requiring the
owner of the improvements thereon to make service payments in lieu of taxes, for deposit into a municipal
public improvement tax increment equivalent fund, and related authorizations pursuant to Ohio Revised
Code Sections 5709.40, 5709.42 and 5709.43; and declaring an emergency. VOTE: 13-0
ORD. NO. 384-2015 authorizing the Director of Public Service to enter into a contract, after publicly
advertising for bids, for the construction of the Tallmadge Firestone Sewer Lining project; and declaring an
emergency. VOTE: 13-0
ORD. NO. 385-2015 authorizing the Director of Public Service to enter into a contract, after publicly
advertising for bids, for the construction of the White Pond Pump Station Replacement project; and declaring
an emergency. VOTE: 13-0
ORD. NO. 386-2015 declaring the necessity of and determining to proceed with the improvement of
North Howard Street and West North Street by constructing, reconstructing and installing curbs, concrete
sidewalks, driveway approaches, storm water improvements, including inlets, manholes and piping, water
service connections and storm sewer laterals, all together with the necessary appurtenances thereto; all in
accordance with the Petition submitted by the property owner of the benefitted property; and declaring an
emergency. VOTE: 13-0
ORD. NO. 387-2015 ratifying the actions of the Director of Public Service in contracting with H.M.
Miller Construction Company for emergency repair of the 48 inch water transmission main on Northeast
Avenue in Tallmadge; and declaring an emergency. VOTE: 13-0
ORD. NO. 388-2015 authorizing a Conditional Use to expand an automobile dealership at 300 West
Market Street; and declaring an emergency. VOTE: 13-0
ORD. NO. 389-2015 authorizing a Conditional Use to construct a new office building and additional
signage at 540 White Pond; and declaring an emergency. VOTE: 13-0
ORD. NO. 390-2015 authorizing a Conditional Use to place an electronic message center (EMC)
sign at 57 East Market Street; and declaring an emergency. VOTE: 13-0
ORD. NO. 391-2015 authorizing the Director of Public Service to enter into a contract or contracts
with Green Systems and American Financial Network for the lease and purchase of an LED Lighting, Prism
Solar Technologies, and Battery Software Control System for the Akron Global Business Accelerator
building; authorizing payment therefore; and declaring an emergency. VOTE: 13-0
ORD. NO. 392-2015 authorizing the issuance of a bond of the City in a principal amount not to
exceed $1,469,000 for sale to the Water Pollution Control Loan Fund of the State of Ohio to finance the
costs of improvements to the City’s wastewater system; pledging certain revenues from the City’s
wastewater system on a subordinated basis to secure the payment of the principal of and interest on the
Bond; and authorizing the execution and delivery of the Bond, the Trust Agreement and other documents and
the taking of other actions related to the issuance and sale of the Bond, and declaring an emergency. VOTE:
13-0
ORD. NO. 393-2015 authorizing the Mayor, through the office of the Purchasing Agent, to enter into
a contract for the purchase of four used vehicles for use in the Akron Police Department Narcotics Bureau;
and declaring an emergency. VOTE: 13-0
ORD. NO. 394-2015 authorizing the Mayor to enter into an agreement for funding through the 2015
Justice Assistance Grant administered through the State of Ohio; authorizing the expenditure of local funds
in support of this grant; and declaring an emergency. VOTE: 13-0
ORD. NO. 395-2015 amending and supplementing Title 11 “Business Regulations” of the Codified
Ordinances of the City of Akron, Article 29 “Secondhand Dealers” to implement mandatory reporting
provisions for LeadsOnline and to update various provision of the Code; and declaring an emergency.
VOTE: 13-0
RES. NO. 396-2015 congratulating and honoring the 2015 Archbishop Hoban High School girls
soccer team and their coaches on winning the Ohio High School Athletic Association Division II State
Championship; and declaring an emergency. VOTE: 13-0
RES. NO. 397-2015 congratulating and honoring the 2015 Archbishop Hoban High School football
team and their coaches on winning the Ohio High School Athletic Association Division III State
Championship; and declaring an emergency. VOTE: 13-0
RES. NO. 398-2015 urging the Ohio House of Representatives to reject House Bill 377, a so-called
“right to work” law that would significantly weaken private sector unions and limit the ability of working
class Ohioans to successfully advocate for fair wages and workplace benefits that protect employees, their
families, and the public; thanking Representatives Johnson and Sykes for their public opposition to the bill;
and declaring an emergency. VOTE: 13-0
RES. NO. 399-2015 expressing the sincere sympathy and heartfelt condolences of the City of Akron
to the families and loved ones of the persons killed in the San Bernardino terrorist attack; condemning the
senseless act of violence that took the lives of 14 innocent victims and injured 21 others; urging practical,
common sense action to end this tragic, growing, and preventable pattern of mass shootings with “no parallel
anywhere else in the world;” and declaring an emergency. VOTE: 13-0