City of Alliance, Ohio
Mayor Toni E. Middleton
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MINUTES OF THE JULY 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 (7:04), Mike Ogline, Phyllis Phillips, Mark Roller, Doug Schwarz and Alex Zumbar present.

MINUTES: Motion & second to receive and file the minutes of the July 1, 2002 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

Water and Sewer Department Financial Report for June 2002.

Letter from Time Warner Cable to Mayor Toni Middleton dated July 1, 2002. Re: Channel lineup changes.

Minutes from the June 18, 2002 Board of Zoning Appeals meeting and the agenda for their July 16, 2002 meeting.

Notice from Ohio Division of Liquor Control to Police Chief Dordea, et al. Concerning transfer of liquor license from FADI, Inc. DBA Smiths Dairy Market, 1005 S. Arch Avenue, Alliance to Ashruf A. Matar, DBA Time Saver Mart, 1005 S. Arch Avenue, Alliance indicating the necessity for Council to respond to indicate whether or not they request a hearing on or before 08/12/02.

Minutes from the July 10, 2002 Special meeting of the Alliance City Planning Commission.

Motion and second to receive and file all communications tendered to Clerk Locke MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

ADMINISTRATIVE REPORTS:

Mayor Middleton: Informed everyone of a meeting hosted by Stark Parks on July 17, 2002 at Rodman Library to discuss the next phase of the trail system; Alliance has been asked to host a meeting concerning the Stark County Tax issue that will appear on the November ballot, more information will be coming; introduced Boy Scout Troop 101.

Safety Service Director Blaser: explained and spoke in favor of Ordinances 101-02, 102-02 and 104-02; passed out and explained Ordinance 105-02, the plan attached to the Ordinance will be kept in the Clerk’s office.

Law Director Zumbar: no report

Auditor Dordea: reported that the post audit meeting will be held Thursday at 2:00 p.m.; reported that revenues are up slightly and the expenditures are on budget in the General Fund.

STANDING COMMITTEE REPORTS:

Properties and Land: Alihassan: No report

Streets and Alleys: Luther: asked that Ordinance 103-02 be referred to Planning Commission.

Planning, Zoning & Housing: Ogline: asked that Ordinances 101-02 and 102-02 be adopted tonight.

Utilities: Phillips: no report

Safety and Judiciary: Roller: Roller moved to have Clerk notify Ohio Division of Liquor Control that no hearing be requested on the liquor license application from Haethem F. Abdlrasul, DBA Mom’s Drive Thru MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Roller moved to have Clerk notify Ohio Division of Liquor Control that no hearing be requested on the transfer of liquor license from FADI, Inc. DBA Smiths Dairy Market, 1005 S. Arch Avenue, Alliance to Ashruf A. Matar, DBA Time Saver Mart, 1005 S. Arch Avenue, Alliance MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Community Development: Schwarz: no report

Finance: Zumbar: spoke in favor of Ordinances 90-02, 91-02 and 104-02.

PUBLIC SPEAKS:

None

THIRD READINGS:

Ordinance 88-02: introduced by Roller: an Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract with the Walter H. Drane Company for the purpose of codifying City Ordinances. Motion and second to adopt: Roll Call: unanimous: ADOPTED.

Ordinance 90-02: introduced by Zumbar: an Ordinance amending the Income Tax Code of the City of Alliance to provide for the taxation of gambling, wagering and lotteries as well as other revenues; and declaring an emergency. Motion and second to adopt: Roll Call: unanimous: ADOPTED.

Resolution 91-02: introduced by Zumbar: a Resolution providing for the Annual Tax Budget for 2003. Motion and second to adopt: Roll Call: unanimous: ADOPTED.

SECOND READINGS

Ordinance 94-02: introduced by Ogline: an Ordinance accepting and approving the replat of lots 9010 and 9011 located on North Walnut Avenue in the City of Alliance, County of Stark and State of Ohio.

NEW BUSINESS

Ordinance 101-02: introduced by Ogline: an Ordinance amending Ordinance 59-02, which accepted annexation of the Washington Hills Area to the City of Alliance, for the purpose of establishing the zoning for the area annexed; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 102-02: introduced by Ogline: an Ordinance amending Ordinance 100-02, which accepted annexation of the MLM Real Estate Area to the City of Alliance, for the purpose of establishing zoning for the area annexed; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 103-02: introduced by Luther: an Ordinance vacating 24th Street between South Rockhill Avenue and the north south alley east of South Rockhill Avenue in the City of Alliance. Motion and second to refer to Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

PUBLIC HEARING: at this time Council proceeded on with it’s scheduled Public Hearing on Ordinance 64-02 scheduled for 7:30 P.M.07/15/02.

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 7:31 P.M.

Ordinance 104-02: introduced by Zumbar: an Ordinance authorizing and directing the Mayor, Director of Public Safety and Service, and the City of Alliance Keep Alliance Beautiful Coordinator to file an application and enter into an agreement with the Ohio Department of Natural Resources for the purpose of acquiring funds pursuant to Chapter 1502 of the Ohio Revised Code and authorizing necessary matching funds in an amount not to exceed five thousand dollars ($5,000.00); and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 105-02: introduced by Council as a Whole: an Ordinance approving the draft revised Solid Waste Management Plan of the Stark- Tuscarawas- Wayne Joint Solid Waste Management District; and declaring an emergency.

OLD BUSINESS:

Ordinance 64-02: introduced by Luther: an Ordinance vacating the east west alley between Clark Avenue and Miller Avenue and the north south alley between West State Street and Chestnut Street in the City of Alliance. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 72-02: introduced by Ogline: an Ordinance accepting and approving the replat of lots 143 through 146, 3588, 3589, 4800, and 4801 and vacated alleys located between Clark Avenue and Miller Avenue and between West State Street and Chestnut Street in the City of Alliance, County of Stark and State of Ohio, and declaring an emergency. Motion and second to adopt: Roll Call: unanimous: ADOPTED

ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 7:37 p.m.

SUMMARY OF ACTIONS TAKEN:

Ordinance 64-02: ADOPTED

Ordinance 72-02: ADOPTED

Ordinance 88-02: ADOPTED

Ordinance 90-02: ADOPTED

Ordinance 91-02: ADOPTED

Ordinance 94-02: NO ACTION

Ordinance 101-02: ADOPTED

Ordinance 102-02: ADOPTED

Ordinance 103-02: REFERRED TO PLANNING COMMISSION

Ordinance 104-02: ADOPTED

Ordinance 105-02: NO ACTION

_____________________________________ _______________________________

John Benincasa, President of Council

R. Mark Locke, Council Clerk