City Council - Regular Meeting

Mr. O, will you please call the role? Member Perp here. Member or here. Member Hyrick here. Member Matheni here. Member McLaster here. Member Pratt here. Member Stalker here. Seven present.

Excellent. All right. First up, community and economic development that falls into my lap. Mr. Will you go ahead and read the title? an ordinance repealing chapter 1139 industrial district regulations and amending various provisions of chapter 1137 business district regulations of the codified ordinances of the city of North Canyon to update modify and clarify the regulations governing the city's business districts. This is a major major mind if there's questions changing 1137 to commercial and industrial district regulations and a complete relight of rewrites. So I'm going to throw it to admin if they would like to start with any comments. Is Marty on the phone?

Marty's on the phone. the the lead on this project from um admin was uh Jason and he's not here tonight and Martin Van Gundy and Liam was involved in the project. So I think Marty I mean if you want to did you want to set you what it is or you want him to tell I would like I would like to hear from Mr. Van Gandhi. I think it's it's a major project. So how we got here? Yes. Yes.

Okay. Um yeah, so Liam really did the heavy lifting on this, but in short, uh this is the big part is a consolidation of the business districts as well as the industrial. Um of course in the industrial really all that's left that's zoned there is right around the Hoover property. Um, and then Liam, do you want to go into detail on the uh smoke shop portion of it and talk about that? It's like I say, Liam did a lot of the heavy lifting here. I want to take for his work.

Uh, so yeah, one of the big changes is the explicit prohibition of smoke shops. Uh so the definition for that is any retail establishment whose primary usage uh which is 33% or more of either their stock in trade or in their floor space uh 33% or more of products relating to non-tobacco nicotine CBDROM hemp derived synthetic cannabonoids you know your delta 8s delta 9 um so any business that would have more than 33% of that would be prohibited Um that's one of the major portions. Um also with this is establishing a neighborhood business zoning designation. Uh so the neighborhood business district is meant to be kind of a stop gap between the other business districts, the GBA, GBB, uh and residential neighborhoods. Uh, so this is meant to fit into those kind of middle ground areas, and they're meant for office buildings, light medical use offices, uh, things outside of normal business hours wouldn't be occupied, so there's not a bunch of people coming and going at all hours. Um, and another part of that, with the creation of the neighborhood business designation, no parcels in the city would be forcibly reszoned as a part of this. Uh, this is a purely textual change. Um, this is establishing it so in the event that a business that would fall into that neighborhood business category wanted to go in it, the parcel could be reszoned to fit that use. Um, as Marty had said, uh, one of the other changes is working in the industrial district regulations. Uh so currently under chapter 1139 which we're proposing to repeal uh that sets the limited industrial districts and the general industrial districts and as Marty said

there's only a handful of industrial parcels in general left none of which are the general industrial the GI parcels. Uh so really a pretty big portion of the code is no longer applicable to any property in the city. Um, and then even more so to Marty's point, there's only five parcels with an LI designation. Uh, so and all of which are contained in the Debold complex. Um, so having a whole chapter for five parcels is a little silly. So consolidating it into the overarching business district chapter made more sense, at least in our mind. Um, some of the other changes, uh, just some expanded language across the chapter. Uh so in the red lines that are attached um you can kind of see where some things that used to be one or two sentences got expanded into a whole paragraph um just to kind of make it a little bit easier to read and understand. And then you know by nature of combining all of the business districts into one here. It kind of makes it easy across the board for everybody to look and especially as we make changes to things we don't have to amend three different chapters to shore everything up together. Um, we there's been some procedure establishments for things not in the schedule of permitted uses. Uh, that basically gives director of permits and/or the planning commission the authority to make designations for things that don't quite fit into the code. Um, and gives the ZBA the venue for appeals. Uh so anybody that has a a appeal of a designation issued by either Marty or the planning commission would appeal that to the ZBA and ZBA would have the final say. Um that aligns it a little bit more with the charter and the responsibilities of the ZBA and the charter. Um that is

uh some height regulations just making those consistent with the districts. Um, so when everything gets combined rather than just setting a flat like no B building shall exceed 35 feet since we've lumped in the LI, that's not necessarily applicable. Uh, so the height regulations are set in a table rather than just a flat don't exceed 35 ft. Um, we worked in the drive-thru/pickup window standards that were in the main street districts that you guys had passed last year. Uh, worked that into these districts as well. doesn't make sense to allow that only in the areas around Main Street. Why not everywhere? Um, and this was just kind of a when in opportunity for that. If we were already working on the chapter, we might as well work that in as well. Uh, and that is that's a pretty good summary of the changes. So you were provided with the red light copies because that way we wanted you to see so you have a visual because there were a lot of changes and you understand tonight you are just approving this to go to the planning commission where there'll be a lot more discussion at the planning commission related to zoning and to everything in here. Um and then it will come back to you from the planning commission with their recommendations and that's for your

um yeah and then at that point since it is a change to the zoning code you guys will set a public hearing uh which is usually a 30-day window um and then it will get its first readings from there. It usually appears on the council meeting immediately following that public hearing for first reading. Uhhuh. But it's good you have this nice takeaway to do a lot of homework and reading because I know that when you're not living and breathing in the zoning world, there are a lot of codes. There are a lot of terminologies. What is GBV? What is GBA? I mean, familiarize yourself. I think we also provide you the the zoning maps and then also the abbreviations are on there from the zoning map. So, you can have a lot of time to really familiarize yourself with what all of this means and what all of these key changes are and the proposed changes. and then when it comes back, you know, you can understand it from where it started. So, we just need that approval tonight to move forward to uh the planning commission. Why are we prohibiting um back to the smoke and vapor type store? We we had voted last year not to, but is that just going to be an extension? like if a business wanted to move into North Canton, you know, we're going to prohibit that.

Voted an ordinance to not have recreational marijuana THC products. And we've already previously had nothing for medical marijuana in North Canton. So, this is putting it into this ordinance, my understanding. Now, the vape side of that, there is tobacco vape out there, but as long as what Liam said that it doesn't exceed 33%, meaning the majority of their business, they're fine with having that product on their shelves. It's my understanding. Is that correct? So, for example, we have without naming a name, but there is a local store that has more than 33% of the items.

They have some of these items, and that's fine. And no tobacco products are in this. So you could have a scar shop or tobacco, you know, pipe store, cigarettes, those are fine. This is the items that we're talking about in here that are along the lines of what Dave mentioned. Okay. So Liam, you you mentioned that there's no forcible reszoning. Correct. Correct. No business is going to be reszoned. So that includes so I mean anybody with an existing use and Marty Brendan correct me if I'm wrong they would continue they'd be grandfathered in. Okay.

Um and then as far as reszoning of the parcel that would be more that nobody is going to be forced from GBB into a neighborhood business. Any sort of designation like that their designation as a GBA GBB would stay the same. Yeah. There's one effort in saying think saying the same and that I'm thinking of. Go ahead Brandon.

Yeah. Um just to clarify Williams one point. Anytime a property gets uh the zoning that is already in existence changes and there's a there's a legal use at the present it becomes a legal non-conforming use under the city's rules. And so long as that use continues, uh, they can maintain that exact use. Only if that use discontinues for a period of time, if it is no longer allowed in the new zoning that they are in, would u a property have to shift its operations. Um, but when we do something like this, no existing businesses will be affected in their operations. That's good to know. Important to know.

Yeah. Any other questions for Mr. Van Gandhi or per legal? Any other questions on this? I will make a motion to recommend item 3A to the planning commission for further consideration. Can I get a second? I'll second. All in favor? I post. Motion passes. I will also make a motion to postpone further consideration of item 3A until after the planning commission's recommendations are received. Can I get a second? Second. Second. All in favor? Oppos. Motion carries.

Excellent. Moving on to four, finance and property committee. Mr. Plaster.

All right. So, item 4 a pull it out here. This is uh current expenses and appropriations. Um there are a couple things that just to touch on in here before I pass things over uh to our wonderful finance department. Uh the one item in here is at 1206 North Main Street, which was originally a property purchased for uh combination fire and uh police department, which this was I think this predates everybody on council. Um that property has now been sold and those proceeds are going to go back into uh the capital improvement fund and uh they're going to be used or put towards the uh the um police department renovations which uh uh chief graciously took me through the other day. It looks fantastic. So, the other item is going to be is there's also some additional money that is going to be tied to increases in insurance and um with that I'm going to pass things over to our finance department and uh you can fill in the details.

Yep. Thank you, Jamie. Jamie has it hit the nail on the head there. So, um initially we So, there's kind of two things here. You guys are approving a transfer out and appropriation amendment here. Um the appropriations we had to come to you for because we sold 126 North Main and we you can only use that for public safety because we were it was bought with public safety bonds for the fire station and police station over there with 126 North Main um currently is and we obviously aren't building a station there. So it was either pay back that debt at a super super low rate pretty much free money or put it into our police station. So, um we decided to um put it into the police station and anything that um is extra will go to paying down the debt. Right. So, um so you're approving the uh transfer of that from the general fund to the capital projects fund and then you're approving that appropriation to spend on the uh police renovation. Um secondly, um we had our property liability and fleet renewal here on April 15th. Um, as you know, we had a fatality last year. Um, the city, one of the city employees, um, and our insurance got a hold of that and they increased the rate by 104%. Um, and so it's very very, uh, large increase. So, we have, we did cut in the budget, we did add like a five or six% increase rate, you know, for this year, but obviously that doesn't touch this. So, we needed to come to you guys to get some more money for property liability and flee because it's just not touching what we put in the budget. Um, but there's another side of that. So, our insurance um rep through Assured Partners um is trying to get us into a different um policy with a different company called Ohio Plan. So, we're hoping to be able to get into that within the next three months and we're hoping to see that they'll accept us and give us a little rate. So, um, that's

kind of what we're trying to do at this moment. Um, but so that's that. And then we have a $100 donation to the police donation fund. So, um, yeah, that's the appropriations. Jim, thank you so very much. Um, so with that, I would uh make a motion we move item 4 A to the council agenda. Second. Second. All in favor? Can I ask about that just about the if Jim's able to answer do you know when we found out that there was going to be an increase on the insurance? So we just found out a couple weeks ago few weeks two three week three weeks ago maybe a month ago. Yes. All right. Thank you.

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we have a motion and a second on the floor. All in favor? I opposed. Motion carries. All right, item 4B is also mine. And so this is a an interesting one and again I'll uh let Jim administration uh fill in but the basic gist is is when the city has real property or property in general, the only method for dispensing of it would be through an auction um with the exception of property that we can transfer to the CIC. um that can be problematic because there can be additional time and additional steps in place uh to dispose of property. So there really are not many options to dispose of this property. So what this item will do is because we are a um uh what we call a uh charter city. I couldn't think of the word. My gosh, my brain fried today. A charter city, we're able to make our own rules and this will allow us to sell, lease a, and um dispose of real property. uh those those things will come to city council. So if we have a parcel of land, it will not have to go to auction or to CIC. It'll simply come here to uh city council for us to approve the sale. So I think I kind of things Jim, do you have any thing to fill in?

Yeah, I don't know what much more I can add. So yeah, so we're a little we're a little limited in terms of what we can sell uh property. Um right now it usually goes to the CIC and we sell it that way. Um, so this will allow flexibility for the city to be able to sell property through, you know, RFP, not just an auction. Um, and then there's other methods we'll be able to sell it. I don't know if Brendan wants to go ahead and add any more to this.

Yeah. Um, I'm happy to. Uh, basically, um, it's kind of a best practice move. A lot of charter cities through their codified ordinances give themselves the necessary flexibility to transact with their own property um through the approval of of city council however they see fit. So absent doing something like this, you are stuck with in our case, we adopted a policy years and years and years ago that limited us to auctions, but without this, you're stuck with the statutory requirement of competitive bidding. Still an option doesn't really work for land transactions at all. So almost no one does it. Um, this will allow us to use all of the specifically enumerated options. um things like requests for proposals, uh transactions directly with other governmental entities. Um but then it very importantly uh includes catchall language that um any process that city council would uh authorize which would allow for direct sales. Um importantly an option that cities should have. Uh still would be a public process. Still won't require city council approval for any disposition of property. still will have plenty of transparency, but the city now has as much flexibility as possible to tailor a transaction to the needs of the city and whatever the needs of that particular transaction are. Um, so it really just is kind of a best practice for governmental entities that are charter municipalities that can do this.

Perfect. Thank you. And I think one other thing that I will add is is just so we're all clear, this is for real estate. This is not for dispensing old squad cars or old backhos or fire trucks like we've done in the past. That would still follow the traditional procedure in the past going to auction. So, um, any questions or comments? All right. With that, I would uh move add or I make a motion to move item 4B to the council agenda. Is there a second? Second. All in favor? I opposed. Motion carries. rather short meeting this evening. I will make the motion that we adjourn. We get a second. A second. All in favor?