City of Alliance, Ohio
Mayor Toni E. Middleton
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MINUTES OF THE SEPTEMBER 16, 2002

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

The meeting was called to order by President Benincasa at 7:00PM. Ogline gave the invocation and led the meeting in the Pledge of Allegiance

ROLL CALL: Sammeh Alihassan, Mike Ogline, Phyllis Phillips, Mark Roller, and Alex Zumbar present. Motion and second to excuse Luther and Schwarz: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

MINUTES: Motion & second to receive and file the minutes of the September 3, 2002 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

Water and Sewer Department Financial Report for August 2002.

Minutes from the September 3, 2002 Water and Sewer Advisory Board meeting and notice of their October 7, 2002 meeting.

Notice from Ohio Division of Liquor Control to Police Chief Dordea, et al. Concerning transfer of liquor license from Quik Shops, Inc., 1198 Harrisburg Road, Alliance to Mac’s Convenience Stores, LLC, 1198 Harrisburg Road, Alliance indicating the necessity for Council to respond to indicate whether or not they request a hearing on or before 10/07/02.

Notice from Ohio Division of Liquor Control to Police Chief Dordea, et al. Concerning transfer of liquor license from Lawson Co., 707 N. Union Street, Alliance to Mac’s Convenience Stores, LLC, 707 N. Union Street, Alliance indicating the necessity for Council to respond to indicate whether or not they request a hearing on or before 10/07/02.

Notice from Ohio Division of Liquor Control to Police Chief Dordea, et al. Concerning transfer of liquor license from Lawson Co., 455 E. State St., Alliance to Mac’s Convenience Stores, LLC, 455 E. State St., Alliance indicating the necessity for Council to respond to indicate whether or not, they request a hearing on or before 10/07/02.

Minutes from the August 20, 2002 Board of Zoning Appeals meeting and the agenda for their September 17, 2002 meeting.

Memo from Mayor Toni Middleton announcing Trick-or-Treat in Alliance as October 31, 2002 from 5:30 to 7:30 p.m.

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

ADMINISTRATIVE REPORTS:

Mayor Middleton: Announced the date and time of Trick-or-Treat in Alliance- see communications; gave rest of his time to Teresa Cusma of the Stark County Mediation Center. She explained what the Mediation Center was doing and how it worked.

Safety Service Director Blaser: Reviewed Ordinances 105-02, 122-02, 125-02, 126-02, 127-02, 128-02, 129-02 and 130-02. Motion and second to have a Council Work Session on October 7, 2002 at 6:00 to discuss revisions to the court building: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Motion and second to schedule two special meetings of City Council on September 18, 2002 and September 19, 2002 both at 5:00 p.m. in the second floor conference room of the City Administration Building to read and act on Ordinances 122-02, 125-02, 130-02 and 131-02: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Law Director Zumbar: Passed out a replacement for Ordinance 131-02 and explained; the City has received another lawsuit which has been turned over to the insurance company.

PUBLIC HEARING: at this time Council proceeded on with it’s scheduled Public Hearing on Ordinance 122-02 scheduled for 7:30 P.M.09/16/02.

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.

Auditor Dordea: Gave an overview of City finances- income tax receipts are about the same as last year, in the general Fund receipts are about 3.7% over budget and expenditures are about 2.25% under budget.

STANDING COMMITTEE REPORTS:

Properties and Land: Alihassan: no report

Streets and Alleys: Luther: absent

Planning, Zoning & Housing: Ogline: asked that Ordinance 128-02 be sent to Planning Commission.

Utilities: Phillips: no report

Safety and Judiciary: Roller: It was moved and seconded to not request a hearing on the transfer of liquor licenses from Quik Shops, Inc., 1198 Harrisburg Road, Alliance to Mac’s Convenience Stores, LLC, 1198 Harrisburg Road, Alliance; from Lawson Co., 707 N. Union Street, Alliance to Mac’s Convenience Stores, LLC, 707 N. Union Street, Alliance and from Lawson Co., 455 E. State St., Alliance to Mac’s Convenience Stores, LLC, 455 E. State St., Alliance: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Community Development: Schwarz: absent

Finance: Zumbar: no report

PUBLIC SPEAKS: none

THIRD READINGS: None

SECOND READINGS:

Ordinance 121-02: an Ordinance to amend the zoning map of the City of Alliance by changing part of outlots 488, 489, 490 and 491 and outlots 595 and 596 located on Schubert Avenue from General Business District (B-2) to Two Family Residential District (R-2) under the Alliance City Zoning Ordinance.

Ordinance 122-02: introduced by Zumbar/ Roller: an Ordinance authorizing and directing the City of Alliance to allocate funds for the Local Law Enforcement Block Grant; and declaring an emergency.

Ordinance 123-02: introduced by Ogline: an Ordinance accepting and approving the replat of part of lot 919 and lot 918 located on East Columbia Street in the City of Alliance, County of Stark and state of Ohio and declaring an emergency.

NEW BUSINESS:

Ordinance 121-02: an Ordinance to amend the zoning map of the City of Alliance by changing part of outlots 488, 489, 490 and 491 and outlots 595 and 596 located on Schubert Avenue from General Business District (B-2) to Two Family Residential District (R-2) under the Alliance City Zoning Ordinance.

Ordinance 122-02: introduced by Zumbar/ Roller: an Ordinance authorizing and directing the City of Alliance to allocate funds for the Local Law Enforcement Block Grant; and declaring an emergency.

Ordinance 123-02: introduced by Ogline: an Ordinance accepting and approving the replat of part of lot 919 and lot 918 located on East Columbia Street in the City of Alliance, County of Stark and state of Ohio and declaring an emergency.

New Business:

Ordinance 125-02: introduced by Ogline: an Ordinance directing the Director of Public Safety and Service to enter into an agreement with the Stark County Community Action Agency to assist with the administration of a grant from the Ohio Department of Development, Office of Housing and Community Partnerships; administrators of the Ohio Low and Moderate Income Housing Trust Fund; and declaring an emergency.

Ordinance 126-02: introduced by Zumbar: an Ordinance authorizing and directing the Director of Public Safety and Service to accept a $10,026 grant from the Stark- Tuscarawas- Wayne Joint Solid Waste Management District for the removal of tires in the City of Alliance; and declaring an emergency.

Ordinance 127-02: introduced by Roller: an Ordinance authorizing and directing the Director of Public Safety and Service to accept a $600 grant from the Walmart Foundation for the purchase of emergency equipment or fire safety training materials for the Alliance Fire Department; and declaring an emergency.

Ordinance 128-02: introduced by Ogline: an Ordinance accepting and approving the replat of part of lot 6689 located at the north east corner of the intersection of Apple Street and Beech Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to refer to Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Ordinance 129-02: introduced by Zumbar/ Alihassan: an Ordinance authorizing and directing the Director of Public Safety and Service to advertise for bids and enter into contracts for the construction of a new bridge at Kidwell Lake in Silver Park in an amount not to exceed $102,000; and declaring an emergency.

Ordinance 130-02: introduced by Zumbar/ Phillips: an Ordinance authorizing the Mayor and Director of Public Safety and Service to file an application for State Capital Improvement Program (SCIP) funding from Ohio Public Works Commission (OPWC) for sanitary sewer improvements; and declaring an emergency.

Ordinance 131-02: introduced by Zumbar: an Ordinance amending Ordinance 118-02 (authorizing inter alia 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 the costs of a commercial development project for the original borrower, the Alliance Mall Company, an Ohio Limited Partnership; amending the maturity schedule of such bonds to reflect the interim pay down of the bonds and providing for further adjustments to the schedule; providing for certain related matters; and confirming Ordinance 118-02 passed on August 19, 2002 and declaring an emergency.

Miscellaneous Business:

Mr. Alihassan passed out information concerning his parking plan for the City.

ADJOURNMENT: Noting no further business to come before this Council, President Pro-tem Ogline adjourned the meeting at 7:40 p.m.

SUMMARY OF ACTIONS TAKEN:

Ordinance 121-02: NO ACTION

Ordinance 122-02: NO ACTION

Ordinance 123-02: NO ACTION

Ordinance 124-02: NO ACTION

Ordinance 125-02: NO ACTION

Ordinance 126-02: NO ACTION

Ordinance 127-02: NO ACTION

Ordinance 128-02: REFERRED TO PLANNING COMMISSION

Ordinance 129-02: NO ACTION

Ordinance 130-02: NO ACTION

Ordinance 131-02: NO ACTION

______________________________________ _______________________________

John Benincasa, President of Council

Andrea Dordea, Acting Council Clerk