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MINUTES OF THE MARCH 17, 2003 REGULAR MEETING OF THE ALLIANCE CITY COUNCIL The meeting was called to order by President Benincasa at 7:00PM. Alihassan 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 March 3, 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. Water and Sewer Department Financial Report for February 2003. Ohio Municipal League Legislative Bulletin #6 dated February 28, 2003. Ohio Municipal League Legislative Bulletin #7 dated March 07, 2003. Notice to all members of the Board of Zoning Appeals that there will be no regular meeting of the Board of Zoning Appeals in March. Letter to all department heads and elected officials from John Blaser dated March 13, 2003. Re: 2003 appropriations. Letter from Alliance Homes II, LLC to John Benincasa dated March 12, 2003. Re: Apprising City Council that Alliance Homes II, LLC will be the general partner of a single family residential development located in or within a one-half mile radius of Council’s jurisdiction. Letter from Alliance Elderly, LLC to John Benincasa dated March 13, 2003. Re: Apprising City Council that Alliance Elderly, LLC will be the general partner of a multifamily residential development located in or within a one-half mile radius of Council’s jurisdiction. Letter from Mayor Toni Middleton to Alliance City Council dated March 17, 2003. Re: Asking Council to approve the following individuals to the Comprehensive Land Use Plan Steering Committee effective immediately: Mr. John Gross, Chairman, Alliance Board of Park Commissioners Dr. Charles McClaugherty, Chairman, Alliance Tree Commission Ms. Brenda Leasure, Chairwoman, Alliance City Planning Commission Motion and second to approve the appointments of the Mayor as mentioned above. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. 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: spoke in favor of and reviewed Ordinances 41-03, 42-03 and 49-03. Law Director Zumbar: reviewed Ordinance 50-03 Auditor Carr: reviewed Ordinances 46-03, 47-03 & 48-03. Motion and second to receive and file the Fiscal Officer Certificates for each of the three ordinances. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. STANDING COMMITTEE REPORTS: Properties and Land: Alihassan: no report Streets and Alleys: Luther: no report Planning, Zoning & Housing: Ogline: no report Utilities: Phillips: no report Safety and Judiciary: Roller: spoke in favor of Ordinances 50-03. Community Development: Schwarz: spoke in favor of Ordinances 39-03 and asked for action tonight. Finance: Zumbar: spoke in favor of Ordinances 30-03, 39-03, 40-03, 41-03, 42-03, 46-03, 47-03, 48-03 and 50-03. PUBLIC SPEAKS: Matt Frost, NRP Group, Cleveland, Ohio- asked for Councils support of Resolution 40-03. THIRD READINGS: Ordinance 28-03: introduced by Ogline: an Ordinance amending Alliance Codified Ordinances Section 1139.02; repealing all inconsistent ordinances; and declaring an emergency. SECOND READINGS: Ordinance 30-03: introduced by Council as a Whole: an Ordinance authorizing and recommending to the Stark County Commissioners the continuance of the tax abatement agreements with Robertson Heating and Supply Company and Coastal Pet Products: 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 (Ogline abstained) Ordinance 37-03: introduced by Ogline: an Ordinance to amend the Zoning Map of the City of Alliance by changing parts of Outlots 641, 653, and 654 located between East State Street and East College Street and between South Union Avenue and South Arch Avenue from Multi Family Residence District (R-3) to Neighborhood Business District (B-1) under the Alliance City Zoning Ordinance. NEW BUSINESS: Ordinance 39-03: introduced by Schwarz: an Ordinance authorizing the creation and establishment of an Owner-Occupied Emergency Home Repair Program for the City of Alliance, 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 Resolution 40-03: introduced by Council as a Whole: a Resolution extending support from the City of Alliance to the proposed Alliance Elderly Housing Tax credit Development. Motion and second to adopt: Roll Call: unanimous: ADOPTED Ordinance 41-03: introduced by Phillips & Zumbar: an Ordinance amending Ordinance 133-02 to increase the amount needed for repairs to the #2 digester at the Wastewater Treatment Plant to an amount not to exceed $225,000; 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 42-03: introduced by Phillips & Zumbar: an Ordinance amending Ordinance 25-03 ratifying a contract with Local 2233-A Alliance Water Treatment Plant and Council 8 American Federation of State, County and Municipal Employees Union, AFL-CIO Employees 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 43-03: introduced by Ogline: an Ordinance accepting and approving the replat of part of Outlot 543 located at the southeast corner of the intersection of West Main Street and Freshley Avenue 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 44-03: introduced by Ogline: an Ordinance accepting and approving the replat of part of Outlot 446 located on East State Street 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 45-03: introduced by Ogline: an Ordinance accepting and approving the replat of part of Lot 12469 located on South Sawburg Avenue in the City of Alliance, County of Stark and State of Ohio and declaring an emergency. Ordinance 46-03: introduced by Zumbar & Luther: an Ordinance providing for the issuance and sale of notes in the aggregate principal amount of $900,000, in anticipation of the issuance of bonds, for the purpose of extending West Main Street from Freshley Avenue to Sawburg Avenue by grading, paving, draining, constructing sanitary and storm sewers and waterlines, installing curbs, gutters, roadway culverts, and widening and otherwise improving Freshley Avenue from State Street to its intersection with the Norfolk Southern Railroad right-of-way by grading, paving, installing curbs and gutters and reconstructing driveway approaches, constructing storm sewers, together in each case with all necessary appurtenances and related improvements and the acquisition of any real estate or interest therein that may be required, 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 47-03: introduced by Zumbar & Luther: an Ordinance providing for the issuance and sale of notes in the aggregate principal amount of $905,000, in anticipation of the issuance of bonds, for the purpose of improving Main Street from Union Avenue to Liberty Avenue by installing electric lighting and traffic control devices, constructing water mains and sanitary sewers, replacing, reconstructing and installing curbs and gutters and relocating overhead utilities, together with all necessary appurtenances, 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 48-03: introduced by Zumbar & Luther: an Ordinance providing for the issuance and sale of notes in the aggregate principal amount of $550,000, in anticipation of the issuance of bonds, for the purpose of paying costs of acquiring real estate and interests in real estate in order to permit the widening of West State Street from a point approximately 100 feet west of Freshley Avenue to a point approximately 100 feet east of South Western Avenue, including engineering costs associated with such acquisition, 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 49-03: introduced by Zumbar: an Ordinance making appropriations for 2003 for the General Fund, Water Fund, Sewer Fund and other city funds, and authorizing the Auditor to draw her warrants for payment of any appropriations upon receiving proper certificates and vouchers; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to refer to Finance Committee: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Motion and second to schedule a Special City Council meeting for March 24, 2003 at 5:30 P.M. in the second floor conference room of the Administration Building: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Resolution 50-03: introduced by Roller: a Resolution withdrawing objections of permit renewals to the Ohio Department of Commerce, Division of Liquor Control with respect to Shelley Bartlett DBA Duke’s Place and Bad Bat, Inc., DBA Bier Haus; 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 at 7:47 p.m. SUMMARY OF ACTIONS TAKEN: Ordinance 28-03 NO ACTION Ordinance 30-03: ADOPTED Ordinance 37-03: NO ACTION Ordinance 39-03: ADOPTED Resolution 40-03: ADOPTED Ordinance 41-03: ADOPTED Ordinance 42-03: ADOPTED Ordinance 43-03: ADOPTED Ordinance 44-03: ADOPTED Ordinance 45-03: NO ACTION Ordinance 46-03: ADOPTED Ordinance 47-03: ADOPTED Ordinance 48-03: ADOPTED Ordinance 49-03: REFERRED TO FINANCE COMMITTEE Resolution 50-03: ADOPTED ______________________________________ _______________________________ John Benincasa, President of Council R. Mark Locke, Council Clerk |