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MINUTES OF THE APRIL 15, 2002 REGULAR MEETING OF THE ALLIANCE CITY COUNCIL The meeting was called to order by President Benincasa at 7:00PM. Schwarz gave the invocation and led the meeting in the Pledge of Allegiance ROLL CALL: Sammeh Alihassan, Brant Luther, Mike Ogline, Phyllis Phillips, Roller, Schwarz and Alex Zumbar present. MINUTES: Motion & second to receive and file the minutes of the April 1, 2002 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Motion & second to receive and file the minutes of the April 2, 2002 special meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Motion & second to receive and file the minutes of the April 3, 2002 special meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. COMMUNICATIONS:
Motion and second to receive and file all communications tendered to Clerk Locke MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. ADMINISTRATIVE REPORTS: Mayor Middleton: Thanked all Council persons present at the CEDA Hearing earlier this evening; spoke in favor of Ordinances 46-02, 47-02, 52-02, 55-02 and 56-02; announced the ribbon cutting for the new industrial park at 10:00 a.m. on April 16, 2002; announced the Shade Tree Commission’s dedication of the Athena Garden at Butler Rodman Park on April 20, 2002 at 10:00 a.m. Safety Service Director Blaser: announced that the State Street lighting problem has been resolved; spoke in favor of Ordinances S17-02, 45-02, 47-02, 48-02, 49-02 and 50-02; reviewed Ordinance 51-02. Law Director Zumbar: reviewed Ordinance 57-02 and asked for action tonight. Auditor Dordea: reviewed Ordinance 51-02; reviewed the Operational Budget, General Fund Revenue Report, the Cumulative Income Tax Comparison and the Auditor’s Report. PUBLIC HEARING: at this time Council proceeded on with it’s scheduled Public Hearing on Ordinance 07-01 scheduled for 7:30 P.M.04/15/02. President Benincasa made three (3) calls for all those wishing to speak in favor of the Ordinance. Upon observing no response by any to speak in favor of the Ordinance, Benincasa made three (3) calls for all those wishing to speak in opposition of the Ordinance. Upon observing no response by any to speak in opposition to the Ordinance, Benincasa declared the public hearing closed at 7:32 P.M. STANDING COMMITTEE REPORTS: Properties and Land: Alihassan: Spoke in favor of Ordinance 45-02. Streets and Alleys: Luther: Spoke in favor of and asked for action tonight on Ordinance 47-02. Planning, Zoning & Housing: Ogline: Spoke in favor of Ordinance 52-02. Utilities: Phillips: Spoke in favor of Ordinances 44-02 and 58-02 Safety and Judiciary: Roller: Roller moved to have Clerk notify Ohio Division of Liquor Control that a hearing on the liquor license application from Speedway Super America, LLC, dba Rich Oil #3769, 642 E. State Street, Alliance be requested in Canton due to the close proximally to a school and park . MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Community Development: Schwarz: Ogline spoke in favor of Ordinances 46-02 and 52-02. Finance: Zumbar: spoke in favor of Ordinances S17-02, 31-02, 43-02, 47-02, 48-02, 49-02, 51-02, 52-02, 54-02, 55-02, 55-02, 56-02, 57-02 and 58-02. PUBLIC SPEAKS: Phyllis Beyers, 13109 Edison St. NE, Alliance- Phyllis is the City Representative on the SARTA Board. She spoke in favor of Ordinance 54-02, the SARTA Levy renewal. PUBLIC HEARING: at this time Council proceeded on with it’s scheduled Public Hearing on Ordinance 24-02 scheduled for 7:45 P.M.04/15/02. President Benincasa made three (3) calls for all those wishing to speak in favor of the Ordinance. Upon observing no response by any to speak in favor of the Ordinance, Benincasa made three (3) calls for all those wishing to speak in opposition of the Ordinance. Upon observing no response by any to speak in opposition to the Ordinance, Benincasa declared the public hearing closed at 7:47 P.M. Special Report: President introduced Kevin Ward, Clerk of Courts, who in turn introduced Ron Kuceyeski. Ron gave a presentation on the Every 15 Minutes Program that will be run at Alliance High School on May 9th & 10th. He asked for support of Ordinance 44-02 allocating money to the program. THIRD READINGS: Ordinance 44-02: introduced by Phillips: an Ordinance authorizing and directing an expenditure of up to $5,000 for the Alliance Chapter of Students Against Destructive Decisions Education Campaign to benefit students and school children in the City of Alliance; and declaring an emergency. Motion & second to adopt: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. SECOND READINGS None NEW BUSINESS Ordinance 45-02: introduced by Alihassan: an Ordinance authorizing and directing the Director of Public Safety and Service to enter into a lease renewal for the use of City lands at Westville Reservoir for recreation and conservation purposes. Motion and second to suspend rules: Rule Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED Ordinance 46-02: introduced by Schwarz: an Ordinance allocating five thousand dollars ($5,000.00) per year to the Alliance Area Development Foundation for a period of three years, commencing in 2002, for purposes of underwriting the cost of business development activities in the City of Alliance; and declaring an emergency. Ordinance 47-02: introduced by Zumbar/Luther: an Ordinance authorizing and directing the Director of Public Safety and service to enter into a contract for the purpose of purchasing a dump truck with hydraulic system, snow plow, and salt spreader for the Alliance Street Department through the Cooperative Purchasing Programs of the Ohio Department of Transportation or the Ohio Department of Administrative Services or to advertise for bids and enter into a contract with another vendor at the lowest and best price, but for a cost not to exceed $70,000 in any case, and declaring an emergency. Motion and second to suspend rules: Rule Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED Ordinance 48-02: introduced by Zumbar/Alihassan: an Ordinance authorizing and directing the Director of Public Safety and service to enter into a contract for the purpose of purchasing a new commercial front mount riding mower for the Park Department through the Cooperative Purchasing Programs of the Ohio Department of Transportation or the Ohio Department of Administrative Services or to advertise for bids and enter into a contract with another vendor at the lowest and best price, but for a cost not to exceed $14,500 in any case, and declaring an emergency. Motion and second to suspend rules: Rule Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED Ordinance 49-02: introduced by Alihassan: an Ordinance authorizing and directing the Director of Public Safety and Service to extend water and sewer services to an area outside the city limits and currently without water and sewer service; and declaring an emergency. Motion and second to suspend rules: Rule Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED Ordinance 50-02: introduced by Roller: an Ordinance amending Chapter 303.99(e) "Fines and Penalties for Parking Violations", of the Codified Ordinances of the City of Alliance, Ohio. Motion and second to refer to Safety and Judiciary Committee: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Ordinance 51-02: introduced by Zumbar: an Ordinance making appropriations and transfers of funds to provide for necessary expenses and adjustments; and declaring an emergency. Motion and second to suspend rules: Rule Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED Ordinance 52-02: introduced by Zumbar/Schwarz: an Ordinance authorizing and directing the Mayor and Safety Service Director to enter into an agreement with the Greater Alliance Development Corporation (GADC) to borrow the sum of $70,000; and declaring an emergency. Motion and second to suspend rules: Rule Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED Ordinance 53-02: introduced by Council as a Whole: an Ordinance authorizing and directing the Mayor to enter into a Cooperative Economic Development Agreement with Washington Township in accordance with the terms and provisions on attached exhibit "A"; and declaring an emergency. Motion and second to suspend rules: Rule Call: Unanimous for rules suspension. Resolution 54-02: introduced by Council as a Whole: a Resolution supporting Stark Area Regional Transit Authority (SARTA) Issue Eight. Motion and second to adopt: Roll Call: unanimous: ADOPTED Resolution 55-02: introduced by Council as a Whole: a Resolution of support for the passage of the Alliance City Schools Permanent Improvement Levy Issue 4. Motion and second to adopt: Roll Call: unanimous: ADOPTED Resolution 56-02: introduced by Council as a Whole: a Resolution honoring and recognizing Alliance Fire Chief John (Jack) Weaver, II. Ordinance 57-02: introduced by Zumbar: an Ordinance authorizing the second amendment and restatement of an outstanding 1984 issue of Industrial Development Revenue Bonds (Carnation Mall Project) in the original principal amount of $10,000,000 initially issued to finance a portion of a commercial development project for the original borrower, the Alliance Mall Company, an Ohio Limited Partnership; authorizing the execution and delivery by the City of Alliance, Ohio of a first amendment to loan agreement, confirmation of assignment and security agreement, escrow and defeasance agreement, closing documents in connection therewith and such second amended and restated bonds; confirming the exchange of such second amended and restated bonds for the outstanding bonds with the holders thereof, and related matters. Motion and second to suspend rules: Rule Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED Resolution 58-02: introduced by Phillips: a Resolution commending Alliance Police Reserve Officer Benjamin McGaffick. Motion and second to adopt: Roll Call: unanimous: ADOPTED OLD BUSINESS Ordinance S17-02: introduced by Zumbar: an Ordinance setting wages and benefits for City employees while on military duty; and declaring an emergency. Motion and second to adopt: Roll Call: unanimous: ADOPTED Ordinance 31-02: introduced by Alihassan: an Ordinance authorizing issuance of Oil and Gas Drilling and Operating Permits to D. Anderson Corp. for the Alliance High School unit #5D well; and declaring an emergency. Motion and second to adopt: Roll Call: unanimous: ADOPTED (6-0 Ogline abstains) Ordinance 43-02: introduced by Zumbar: an Ordinance authorizing and directing the Safety Service Director and Auditor to pay the sum of $391.00 to Norman L. Retterer; and declaring an emergency. Motion and second to adopt: Roll Call: unanimous: ADOPTED Ordinance 07-01: introduced by Puckett: an Ordinance amending Sections 1171.04, 1171.07, and 1171.11 of the Alliance Codified Ordinances pertaining to political/ expression signs, and declaring an emergency. . Motion and second to adopt: Roll Call: 6-1(Alihassan) ADOPTED ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:38 p.m. SUMMARY OF ACTIONS TAKEN: Ordinance 44-02: ADOPTED Ordinance 45-02: ADOPTED Ordinance 46-02: NO ACTION Ordinance 47-02: ADOPTED Ordinance 48-02: ADOPTED Resolution 49-02: ADOPTED Ordinance 50-02: REFERRED TO SAFETY AND JUDICIARY COMMITTEE Ordinance 51-02: ADOPTED Ordinance 52-01: ADOPTED Ordinance 53-02: NO ACTION Resolution 54-02: ADOPTED Resolution 55-02: ADOPTED Resolution 56-02: NO ACTION Ordinance 57- 02: ADOPTED Resolution 58-02: ADOPTED Ordinance S17-02: ADOPTED Ordinance 31-02: ADOPTED Ordinance 43-02: ADOPTED Ordinance 07-01: ADOPTED ______________________________________ _______________________________ John Benincasa, President of Council R. Mark Locke, Council Clerk
______________________________________ _______________________________ John Benincasa, President of Council R. Mark Locke, Clerk
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