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MINUTES OF THE JUNE 2, 2003 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, Mark Roller, Doug Schwarz and Alex Zumbar present. MINUTES: Motion & second to receive and file the minutes of the May 19, 2003 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. COMMUNICATIONS: Alliance Municipal Income Tax- Comparative Recapitulation of 2003 to 2002. Ohio Municipal League Legislative Bulletin #16 dated May 16, 2003. Letter from U.S. Department of Housing and Urban Development to Mayor Toni Middleton dated May 23, 2003. Re: 2001 Consolidated Plan End of Year Community Assessment. Ohio Municipal League Legislative Bulletin #17 dated May 23, 2003. Minutes from the May 21, 2003 Alliance City Planning Commission. Notice from Ohio Division of Liquor Control to Police Chief Dordea, et al. Concerning liquor license application for Main Street Marathon LLC, dba Main Street Marathon, 8 N. Union Avenue, Alliance, indicating the necessity for Council to respond to indicate whether or not they request a hearing on or before 06/23/03. Motion and second to receive and file all communications tendered to Clerk Locke. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. ADMINISTRATIVE REPORTS: Mayor Middleton: no report Safety Service Director Blaser: Reviewed the following Ordinances 82-03, 83-03-need action tonight, 84-03-need action tonight, 85-03-need action tonight, 86-03, 87-03, 88-03- need executive session to discuss and 90-03. Law Director Zumbar: reported that Mr. Dawson has rejected the agreement that had been reached with Dawson’s Restaurant at the last hearing. The matter will now proceed to hearing. Reviewed Ordinance 89-03. Auditor Carr: submitted written report (included in communications) STANDING COMMITTEE REPORTS: Properties and Land: Alihassan: no report Streets and Alleys: Luther: spoke in favor and asked for action tonight on Ordinance 83-03. Planning, Zoning & Housing: Ogline: spoke in favor and asked for action tonight on Ordinances 74-03 and 75-03. Utilities: Phillips: reported that there was no quorum this morning at the Water & Sewer Advisory Board meeting. She will be asking the Mayor to review the members and possibly make some changes. Safety and Judiciary: Roller: Motion and second not to request a hearing for the liquor license permit application from Main Street Marathon LLC, dba Main Street Marathon, 8 N. Union Avenue, Alliance: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Spoke in favor and asked for action tonight on Ordinance 90-03. Community Development: Schwarz: Reviewed the letter from the U.S. Department of Housing and Urban Development(included in communications) and complimented Vince Marion for all his work. Reported that the Comprehensive Land Use Committee will be holding a workshop on June 30, 2003 at the Alliance Middle School. The workshop is open to the public and is allowing input for future zoning regulations. Finance: Zumbar: spoke in favor of Ordinances 81-03, 82-03, 83-03, 84-03, 85-03, 86-03, 87-03, 88-03 and 89-03. PUBLIC SPEAKS: Tony Dawson, 2012 Tanglewood, Alliance; submitted a written complaint concerning the liquor license renewal for his restaurant (included in communications). THIRD READINGS: None SECOND READINGS: Ordinance 74-03: introduced by Ogline: an Ordinance accepting and approving the replat of lot 6743 and part of outlot 234 located on Overlook Drive in the City of Alliance, County of Stark and State of Ohio, 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 75-03: introduced by Ogline: an Ordinance accepting and approving the replat of lot 11105 and part of lot 11104 located on Fairway Drive 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 76-03: introduced by Luther: an Ordinance vacating part of a north south alley north of Summit Street for a distance of approximately two hundred ten feet, and declaring an emergency. Ordinance 77-03: introduced by Ogline: an Ordinance to amend the Zoning Map of the City of Alliance by changing lots 1962 through 1964, 3923, 3924, part of outlot 218, part of lots 9672 and 11717, and part of an alley proposed to be vacated, located between South Union Avenue and Scranton Avenue and between West Cambridge Street and West Summit Street from Two-Family Residence District (R-2) to Neighborhood Business District (B-1) under the Alliance City Zoning Ordinance. Ordinance 81-03: introduced by Zumbar: an Ordinance authorizing amending Alliance Codified Ordinances Section 339.02 (a) "Use of Local Streets; Local Permit and Local Conditions"; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: 6-1(Alihassan): ADOPTED NEW BUSINESS: Ordinance 82-03: introduced by Zumbar: an Ordinance authorizing and directing the Director of Public Safety and Service to make application and enter into an agreement with the Ohio Municipal League Worker’s Compensation Group Rating Plan; 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 83-03: introduced by Zumbar/Luther: an Ordinance authorizing and directing the Director of Public Safety and Service to enter into an agreement to participate in the Ohio Department of Transportation’s Contract for the Purchase of Sodium Chloride; 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 84-03: 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 Ordinance 85-03: introduced by Zumbar/Alihassan: an Ordinance authorizing and directing the Director of Public Safety and Service to enter into a professional services contract for asbestos design and abatement activities for the City Hall partial renovation project; 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 86-03: introduced by Zumbar/Alihassan: an Ordinance amending Ordinance 129-02 for the purpose of constructing a new bridge at Kidwell lake in Silver Park in am amount not to exceed $125,000; 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 87-03: introduced by Zumbar: an Ordinance amending Ordinance 71-03 for the purpose of adding additional items of personal property which are not needed for municipal purposes which exceed $1,000 in estimated value, authorizing the sale of such personal property by written contract to the highest and best bidder at public sale by the Director of Public Safety and Service and including in said public sale, personal property as designated by the Alliance Board of Park Commissioners and Alliance City Board of Health; 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 88-03: introduced by Zumbar/Phillips: an Ordinance ratifying a contract with the Alliance Water Pollution Control Employees Association; and declaring an emergency. Motion and second to go into executive session at the conclusion of the agenda to discuss contract negotiations and pending litigation with all members of Council, President, Clerk, Mayor, Safety Service Director, Law Director and Community Development Director: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Ordinance 89-03: introduced by Zumbar: an ordinance amending Ordinance 118-02 as previously amended by Ordinance 131-02 (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); providing for certain related matters; and otherwise confirming Ordinance 118-02 passed on August 19, 2002 as amended by Ordinance 131-02 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 90-03: introduced by Roller: an Ordinance to approve current replacement pages to the Alliance Codified Ordinances, 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 OLD BUSINESS: None President Benincasa adjourned the meeting into Executive Session at 8:48 P.M. He reported that there would be action taken after the Executive Session. Executive Session ended and regular meeting reconvened at 8:11 P.M. Motion and second to adopt Ordinance 88-03: Roll Call: unanimous: ADOPTED John Blaser reported that he will have an Ordinance at the next meeting to extend the contract with Calgon for granular activated carbon at the same rate it currently is. ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:16 p.m SUMMARY OF ACTIONS TAKEN: Ordinance 74-03: ADOPTED Resolution 75-03: ADOPTED Ordinance 76-03: NO ACTION Ordinance 77-03: NO ACTION Ordinance 81-03: ADOPTED Ordinance 82-03: ADOPTED Ordinance 83-03: ADOPTED Ordinance 84-03: ADOPTED Ordinance 85-03 ADOPTED Ordinance 86-03 ADOPTED Ordinance 87-03 ADOPTED Ordinance 88-03 ADOPTED Ordinance 89-03 ADOPTED Ordinance 90-03 ADOPTED ______________________________________ _______________________________ John Benincasa, President of Council R. Mark Locke, Council Clerk |