City of Alliance, Ohio
Mayor Toni E. Middleton
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MINUTES OF THE MARCH 3, 2003

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

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

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

MINUTES: Motion & second to receive and file the minutes of the February 18, 2003 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

Minutes from the February 19, 2003 Alliance City Planning Commission meeting.

Ohio Municipal League Legislative Bulletin #4 dated February 21, 2003.

Notice of Public Hearing from the Division of Liquor Control for Dawson Restaurant, Inc., 2012 West State St., Alliance for March 12, 2003 at 11:00 A.M. at Canton City Hall.

Letter from Mayor Toni Middleton to Alliance City Council dated February 26, 2003. Re: letter of support for Resolution 36-03.

Alliance City Health Department 2002 Annual Report.

Letter dated March 3, 2003 from Shell Energy Services Company to Mayor Toni E. Middleton. Re: Natural Gas City Endorsement and Governmental Aggregation Program.

Letter from Mayor Middleton regarding the receipts collected through the Mayor’s Office during the month of February 2003 totaling $570,940.48

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

ADMINISTRATIVE REPORTS:

Mayor Middleton: Spoke in favor of Ordinances 36-03 and 38-03. Invited all to the ribbon cutting for Freedom Center March 9, 2003 at 2:00 p.m.

Safety Service Director Blaser: should have a budget by the end of the month; spoke in favor of Ordinances 32-03, 33-03, 34-03 and 35-03.

Law Director Zumbar: discussed a lawsuit from Sharon Moore relating to her basement flooding from a water main break; Andy will be attending the hearing for the liquor license for State Street Station.

Auditor Carr: absent

STANDING COMMITTEE REPORTS:

Properties and Land: Alihassan: no report

Streets and Alleys: Luther: made revisions to Ordinance 34-03; reviewed and spoke in favor of Ordinance 38-03.

Planning, Zoning & Housing: Ogline: recommending that Ordinance 37-03 be referred to Planning Commission

Utilities: Phillips: Schwarz reported that there was no quorum at the Water Sewer Advisory Board meeting this morning.

Safety and Judiciary: Roller: no report

Community Development: Schwarz: spoke in favor of Ordinances 29-03, 30-03 and 31-03.

Finance: Zumbar: spoke in favor of Ordinances 29-03, 30-03, 31-03, 32-03, 33-03, 34-03, 35-03, 36-03 and 38-03.

PUBLIC SPEAKS: Cheryl Lundgren, 307 W. Simpson St., Alliance: spoke in support of Ordinance 32-03 naming the park at the corner of Arch and Main Arch Park.

Ronald Cox, 2300 S. Arch Ave., Alliance: expressed concerns with Ordinance 28-03.

THIRD READINGS: None

SECOND READINGS:

Ordinance 28-03: introduced by Ogline: an Ordinance amending Alliance Codified Ordinances Section 1139.02; repealing all inconsistent ordinances; and declaring an emergency.

NEW BUSINESS:

Ordinance 29-03: introduced by Council as a Whole: an Ordinance authorizing and recommending to the Stark County Commissioners the termination of the tax abatement agreements with American Steel Foundries: 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

PUBLIC HEARING: at this time Council proceeded on with it’s scheduled Public Hearing on Ordinance 10-03 scheduled for 7:30 P.M.3/03/03.

President Benincasa made three (3) calls for all those wishing to speak in favor of the Ordinance. David Heller, NRP Group, 5309 Transportation Blvd., Cleveland: reviewed the project plans. Upon observing no other responses 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 7:44 P.M.

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 for Ogline to abstain from voting on Ordinance 30-03 due to a conflict in interest.

Ordinance 31-03: introduced by Council as a Whole: an Ordinance authorizing and recommending to the Stark County Commissioners the continuance of the Alliance Community Reinvestment Area Tax Abatement agreement with 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

Resolution 32-03: introduced by Alihassan: a Resolution naming the park located at the corner of Main Street and Arch Avenue "Arch Park". Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 33-03: introduced by Alihassan: an Ordinance authorizing and directing the Director of Public Safety and Service to contract with BJAAM Environmental to perform site monitoring at the former site of an underground storage tank 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 34-03: introduced by Roller & Luther: an Ordinance amending City of Alliance Codifyed Ordinance Section 311.01- Placing Injurious Material or Obstruction in Street; Snow Removal; 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 35-03: introduced by Zumbar: an Ordinance amending Ordinance 7-91 and Ordinance 89-99 by creating additional payroll levels for the position of Engineering Tech I; 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 36-03: introduced by Council as a Whole: a Resolution in support of the American Passenger Rail Agreement. Motion and second to adopt: Roll Call: unanimous: ADOPTED

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. Motion and second to refer to Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Ordinance 38-03: introduced by Luther: an Ordinance authorizing and directing the Director of Public Safety and Service and/or Mayor to enter into an agreement between the State of Ohio Department of Transportation and the City of Alliance for the administration of US Route 62 funds; 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 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 adopt: Roll Call: unanimous: ADOPTED

ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:03 p.m.

SUMMARY OF ACTIONS TAKEN:

Ordinance 10-03: ADOPTED

Ordinance 28-03: NO ACTION

Ordinance 29-03: ADOPTED

Ordinance 30-03: NO ACTION

Ordinance 31-03: ADOPTED

Ordinance 32-03: ADOPTED

Ordinance 33-03: ADOPTED

Ordinance 34-03: ADOPTED

Ordinance 35-03: ADOPTED

Ordinance 36-03: ADOPTED

Ordinance 37-03: REFERRED TO PLANNING COMMISSION

Ordinance 38-03: ADOPTED

______________________________________ _______________________________

John Benincasa, President of Council

R. Mark Locke, Council Clerk