City of Alliance, Ohio
Mayor Toni E. Middleton
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MINUTES OF THE JANUARY 21, 2003

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, Brant Luther, Phyllis Phillips (7:22), Mark Roller, Doug Schwarz and Alex Zumbar present.

MINUTES: Motion & second to receive and file the minutes of the January 6, 2003 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

Minutes from the January 6, 2003 Water and Sewer Advisory Board meeting and notice of their February 3, 2003 meeting.

Minutes from the November 19, 2002 and December 17, 2002 Board of Zoning Appeals meetings and agenda for their January 14, 2003 meeting.

Letter from the Ohio Ethics Commission dated January 8, 2003. Re: Financial Disclosure Statements for 2002.

Letter from John Blaser to all department heads dated January 13, 2003. Re: 2003 appropriation requests.

Minutes from the January 16, 2003 Alliance City Planning Commission meeting.

Letter from Michael Dreger to John Kwolek, Ohio EPA dated January 9, 2003. Re: report on I/I activities by the City of Alliance for the final 6 months of 2002.

Letter to R. Mark Locke, Clerk and Alliance City Council from Mayor Toni Middleton dated January 21, 2003. Re: re-appointment of Dr, Patricia Tucker, D.V.M. to the Alliance City Board of Health for a five year term expiring 12/31/07.

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

Motion and second to approve the appointment as detailed in the letter from the Mayor. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

ADMINISTRATIVE REPORTS:

Mayor Middleton: no report

Safety Service Director Blaser: reviewed Ordinances 12-03, 14-03 & 15-03 and asked that Council go into executive session to go into further detail on the Ordinances prior to their adoption.

Law Director Zumbar: submitted the Law Director’s Annual Report; reviewed Resolution 20-03.

Auditor Carr: absent- written report included in communication.

STANDING COMMITTEE REPORTS:

Properties and Land: Alihassan: no report

Streets and Alleys: Luther: will ask for adoption of Ordinance 163-02 after tonight’s Public Hearing.

Planning, Zoning & Housing: Ogline: asked for action tonight on Ordinances 18-03 & 19-03.

Utilities: Phillips: no report

Safety and Judiciary: Roller: no report

Community Development: Schwarz: no report

Finance: Zumbar: spoke in favor of Ordinances 15-03 & 16-03; Motion and second to hold an executive session at the conclusion of regular business: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. (There will be action on several Ordinances after the Executive Session).

PUBLIC SPEAKS: David Uram & Amy Burton from the NRP Group, 4903 Transportation Blvd., Cleveland, 44125. Reviewed the project connected with Resolution 13-03. Literature included in communications.

PUBLIC HEARING: at this time Council proceeded on with it’s scheduled Public Hearing on Ordinance 163-02 scheduled for 7:30 P.M.1/21/03.

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.

THIRD READINGS:

Ordinance 163-02: introduced by Luther: an Ordinance vacating part of the east west alley west of Haines Avenue for a distance of approximately two hundred forty three feet and declaring an emergency. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 165-02: introduced by Ogline: an Ordinance accepting and approving the replat of part of outlots 504 and 587 located on West Main Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 170-02: introduced by Ogline: an Ordinance accepting and approving the replat outlot 308, City lots 7476 through 7479, 8365 through 8367, 6188 and 6189 located between Parkway Boulevard and Rockhill Avenue 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

SECOND READINGS: None

NEW BUSINESS:

Ordinance 10-03: introduced by Ogline: an Ordinance to amend the Zoning Map of the City of Alliance by changing Lots 3152 through 3157, 5255 through 5262, and 5264 through 5271 located on South Seneca Avenue and South Liberty Avenue from one family residence district R-1 to multi-family residential district R-3 under the Alliance City Zoning Ordinance. Motion and second to schedule a Pubic Hearing on March 3, 2003 at 7:30 P.M. in Council Chambers: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Ordinance 11-03: introduced by Ogline: an Ordinance to amend the Zoning Map of the City of Alliance by changing lot 6812, lots 6823 through 6836, part of lot 6837, part of lot 6840, and lots 6841 through 6851 located on Miller Avenue from one family residence district R-1 to multi-family residential district R-3 under the Alliance City Zoning Ordinance. Motion and second to schedule a Pubic Hearing on March 3, 2003 at 7:45 P.M. in Council Chambers: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Motion and second to refer back to Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Ordinance 12-03: introduced by Phillips & Zumbar: an Ordinance ratifying a contract with the Alliance Water Pollution Control Employees Association; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension.

Resolution 13-03: introduced by Council as a Whole: a Resolution extending support from the City of Alliance to the proposed Alliance Homes Housing Tax Credit Development. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 14-03: introduced by Roller & Zumbar: an Ordinance ratifying a contract with the Fraternal Order of Police, Ohio Labor Council, Inc. for the Supervisor’s Bargaining Unit of the Alliance Police Department, (hereinafter the "Union") and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension.

Ordinance 15-03: introduced by Phillips & Zumbar: an Ordinance ratifying an amendment to the contract with the Alliance Water Pollution Control Employees Association, (hereinafter the "Association"); and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension.

Ordinance 16-03: introduced by Zumbar: a Resolution authorizing the Auditor of the City of Alliance to establish a Land Reutilization Fund and to establish revenue and expenditure codes. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 17-03: introduced by Phillips: an Ordinance authorizing and directing the Director of Public Safety and Service to enter into new service agreements with Ohio Edison to utilize their Real Time Pricing Program at the Water and Wastewater Treatment Plants; 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 18-03: introduced by Ogline: an Ordinance accepting and approving the replat of outlot 297 and part of outlot 296 located on East State Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 19-03: introduced by Ogline: an Ordinance accepting and approving the replat of part of outlot 137 located on North Webb Avenue in the City of Alliance, County of Stark and State of Ohio. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Resolution 20-03: introduced by Alihassan: a Resolution authorizing the Safety Service Director and the Stark County Law Library association to formalize the terms of an agreement for the use of Municipal property for library purposes; 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 21-03: 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: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: unanimous: ADOPTED

ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting to Executive Session at 7:53 p.m. President Benincasa adjourned the Executive Session back into regular session at 8:14 p.m.

Ordinance 12-03: Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 14-03: Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 15-03: Motion and second to adopt: Roll Call: unanimous: ADOPTED

Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:16 p.m.

SUMMARY OF ACTIONS TAKEN:

Ordinance 163-02: ADOPTED

Ordinance 165-02: ADOPTED

Ordinance 170-02: ADOPTED

Ordinance 10-03: Public Hearing Scheduled for March 3, 2003 @ 7:30 p.m.

Ordinance 11-03: Public Hearing Scheduled for March 3, 2003 @ 7:45 p.m. (REFERRED BACK TO PLANNING COMMISSION)

Ordinance 12-03: ADOPTED

Resolution 13-03: ADOPTED

Ordinance 14-03: ADOPTED

Ordinance 15-03: ADOPTED

Ordinance 16-03: ADOPTED

Ordinance 17-03: ADOPTED

Resolution 18-03: ADOPTED

Ordinance 19-03: ADOPTED

Resolution 20-03: ADOPTED

Ordinance 21-03: ADOPTED

______________________________________ _______________________________

John Benincasa, President of Council

R. Mark Locke, Council Clerk