MINUTES OF THE FEBRUARY 6, 2006
REGULAR MEETING OF THE ALLIANCE CITY COUNCIL
The meeting was called to order by President Benincasa at 7:00 p.m. Councilman Okey gave the invocation and led the meeting in the Pledge of Allegiance.
ROLL CALL: Alan Andreani, Steve Okey, Phyllis Phillips, Warren Price, Roger Rhome, Sue Ryan and Larry Thompson present.
MINUTES: Motion & second to receive and file the minutes of the January 17, 2006 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Motion & second to receive and file the minutes of the January 17, 2006 work session of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
COMMUNICATIONS:
1. Minutes from the January 10, 2006 Safety and Judiciary Committee meeting.
2. Ohio Municipal League Legislative Bulletin #2 dated January 13, 2006.
3. E-mail from Mayor Toni Middleton to Steve Okey and Roger Rhome dated January 18, 2006. Re: Noise Ordinance Issue.
4. E-mail from Steve Okey to Mayor Toni Middleton and Roger Rhome dated January 18, 2006. Re: Noise Ordinance Issue.
5. Memo from City Treasurer Dennis R. Clunk to members of City Council dated January 19, 2006. Re: Accounts of the City of Alliance for the period ending December 31, 2005.
6. Ohio Municipal League Legislative Bulletin #3 dated January 20, 2006.
7. Letter from the Ohio Department of Liquor Control concerning liquor permit application from La Pinata of Alliance, LLC, DBA La Pinata Restaurant, 2012 Tanglewood Avenue, Alliance. City Council must respond prior to February 21, 2006 on a request to have a hearing.
8. Minutes from the January 24, 2006 Safety and Judiciary Committee meeting.
9. Letter from Steve Okey to members of Alliance City Council dated January 25, 2006. Re: City Council meeting at Alliance High School.
10. Letter from Lawrence A. Dordea, Chief of Police to City Council members dated January 26, 2006. Re: Expenditures from the Law Enforcement Trust Fund for the year 2005.
11. E-mail from John Blaser to members of Alliance City council dated January 26, 2006. Re: Firefighter conciliation.
12. E-mail from Steve Okey to John Blaser and members of Alliance City Council dated January 27, 2006. Re: Firefighter conciliation.
13. Letter from the Ohio Department of Liquor Control concerning liquor permit transfer from Alfred M. Rudolph, DBA Jim’s Beer & Wine Carryout, 362 N. Union Avenue, Alliance to Rose’s Carry-out LLC, 362 N. union Avenue, Alliance. City Council must respond prior to February 27, 2006 on a request to have a hearing.
14. Letter from Jacqueline Klein to members of Alliance City Council dated January 27, 2006. Re: Noise Ordinance.
15. Letter from James F. DeLeone to Mark Locke, Clerk of Alliance City Council dated January 30, 2006. Re: Request to withdrawal objection to the liquor permit for Dawson’s Restaurant, Inc.
16. January 2006 Alliance Municipal Income Tax recapitulation.
Motion and second to receive and file all communications tendered to the Clerk. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADMINISTRATIVE REPORTS:
Mayor Middleton: no report
Safety Service Director Blaser: reported that the 2006 Appropriations will be ready for next meeting; reviewed Ordinances 24-06 and 25-06.
Law Director Zumbar: reviewed Ordinance 23-06; reviewed the letter received from James F. DeLeone concerning the Dawson liquor permit; asked for an executive session at the end of regular business to discuss pending litigation and personnel matters. Moved and seconded to go into executive session at the conclusion of regular session to discuss pending litigation and personnel matters with the following present- Council members, President, Clerk, Mayor, Safety Service Director, Auditor, Law Director and Nancy Waffler: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Auditor Zumbar: reviewed the January 2006 Alliance Municipal Income Tax recapitulation; reviewed Ordinance 27-06.
STANDING COMMITTEE REPORTS:
Safety & Judiciary: Andreani: moved and seconded that no hearing be requested for the liquor permit application from La Pinata of Alliance, LLC, DBA La Pinata Restaurant, 2012 Tanglewood Avenue, Alliance: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS; reported on the Safety and Judiciary meeting held at 4:30 P.M. today.
PUBLIC HEARING: at this time Council proceeded with its 7:30 P.M. scheduled Public Hearing on Ordinance 116-05. President Benincasa made three (3) calls for all those wishing to speak in favor of the Ordinance. Gerard Mastrioanni, developer of the property reviewed the proposed development. Upon observing no further responses by anyone to speak in favor of the Ordinance, President Benincasa made three(3) calls for all those wishing to speak in opposition of the Ordinance. Albert Miller, Crestview Avenue, Alliance, had concerns with landscaping and screening for the neighboring houses. Mr. Mastrioanni assurd Mr. Miller and Council members that extra care would be taken in screening around the project. Upon observing no further responses President Benincasa declared the public hearing closed at 7:45 P.M.
Finance: Okey: no report
Community Development: Phillips: reviewed the CDBG Committee meeting.
Planning, Zoning, & Housing: Price: will be asking that Ordinances 92-05 and 130-05 be referred to Planning, Zoning and Housing Committee.
Utilities: Rhome: reviewed the Water and Sewer Advisory Board meeting; spoke in favor of Ordinance 25-06
Streets & Alley: Ryan: no report
Properties and Lands: Thompson: announced that the Property and Lands and the Utilities Committees we have a combined meeting on Friday at 9:00 A.M.
PUBLIC SPEAKS: Dennis Clunk, 2820 Edgewood, Alliance, presented his concerns with the new Zoning Code (included with communications).
Kathy Kramer, 2342 Ridgewood Avenue, Alliance, reported that Habitat for Humanity is having problems finding qualified families for housing.
THIRD READINGS:
Ordinance 06-06: introduced by Okey/ Price/ Phillips/ Thompson/ Ryan: an Ordinance to create and establish a first responder unit of the Fire Department of the City of Alliance, Ohio.
Ordinance 07-06: introduced by Okey/ Price/ Phillips/ Thompson/ Ryan: an Ordinance to promote the downtown business area of Alliance by permitting certain pole signs along State Street and Union Avenue. Motion and second to refer to Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Ordinance 08-06: introduced by Okey/ Price/ Phillips/ Thompson/ Ryan: an Ordinance to improve and streamline the Keep America Beautiful Commission. Motion and second to adopt: Roll Call: Unanimous: ADOPTED
Ordinance 09-06: introduced by Okey/ Price/ Phillips/ Thompson/ Ryan: an Ordinance to repeal Section 509.08 of the Codified Ordinances of Alliance, Ohio. Motion and second to adopt with intent to defeat: Roll Call: Unanimous: DEFEATED
SECOND READINGS:
Ordinance 12-06: introduced by Price: an Ordinance accepting and approving the replat of lot 7777 and part of lot 11181 located on Hart Street in the City of Alliance, County of Stark and State of Ohio.
Ordinance 15-06: introduced by Phillips: an Ordinance authorizing the repayment of a loan from the Greater Alliance Development Corporation (GADC) in the amount of $60,000 from UDAG 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 17-06: introduced by Rhome: an Ordinance amending Alliance Codified Ordinances Section 509.08 “Music Prohibited During Certain Hours”.
Resolution 18-06: introduced by Thompson: a joint Resolution of the Council of the City of Alliance, Ohio and the Parks Board of the City of Alliance, Ohio creating a Skateboard Park Advisory Commission for the purpose of making recommendations to the Parks Board and to the City Council regarding the potential construction, management and operation of a skateboarding facility in the City of Alliance, Ohio and repealing Resolution 11-06. Motion and second to adopt with intent to defeat: Roll Call: Unanimous: DEFEATED
Ordinance 19-06S: introduced by Price/ Okey: an Ordinance to create an Energy Use Reduction Plan for the City of Alliance, Ohio; and declaring an emergency.
NEW BUSINESS:
Ordinance 23-06: introduced by Thompson: an Ordinance accepting annexation of the Schopp/Tanner Annexation area to the City of Alliance on application of owners of real estate and declaring an emergency.
Ordinance 24-06: introduced by Okey: an ordinance authorizing and directing the Director of Public Safety and Service to enter into a renewal agreement for various types of comprehensive municipal liability coverage; 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 25-06: introduced by Rhome: an Ordinance authorizing the Director of Public safety and Service to advertise for bids and enter into a contract to provide monthly water and sewer customer billing services; and declaring an emergency.
Resolution 26-06: introduced by Phillips: 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 27-06: introduced by Council as a Whole: an Ordnance authorizing and allowing the Auditor to transfer interest income from the Deposit of Active Funds and Interim Funds of the City of Alliance, Ohio from the General Fund to the appropriate fund(s); 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 28-06: introduced by Okey: a Resolution urging the Ohio General Assembly to raise the minimum wage for Ohio workers. Motion and second to adopt: Roll Call: 5-2 (Andreani/ Rhome): ADOPTED
Ordinance 29-06: introduced by Ryan/ Okey: an Ordinance to amend Section 509.08 of the Codified Ordinances of Alliance, Ohio to prohibit the playing of loud music; and declaring an emergency. Motion and second to suspend rules: Roll Call: 5-2 (Andreani/ Rhome) Not enough votes for rule suspension..
Resolution 30-06: introduced by Price: a Resolution supporting the Parks Board of the City of Alliance, Ohio in the study of a skateboard park and encouraging support of the parks development and implementation of a skateboard park; and repealing Resolution 11-06. John Gross, President of Alliance City Park Board spoke in favor of the Ordinance. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.
OLD BUSINESS:
Ordinance 116-05: introduced by Schwarz: an Ordinance to amend the Zoning Map of the City of Alliance by changing all of lot 9967 and part of lot 9966 located on Western Avenue south of West State Street from One Family Residence District (R-1) to Neighborhood Business District (B-1) under the Alliance City Zoning Ordinance. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.
Ordinance 92-05: introduced by Schwarz: an Ordinance accepting and approving the replat of all of lot 6612 located on East Milton Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to refer to Planning Zoning and Housing: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Ordinance 130-05: introduced by Schwarz: an ordinance to adopt a new City of Alliance Planning and Zoning Code and sub-Division/ Development Regulations to completely replace the existing Planning and Zoning Code, Map and Sub-Division Regulations in the Codified Ordinances of the City of Alliance, Counties of Stark and Mahoning and State of Ohio. Motion and second to refer to Planning Zoning and Housing: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting into executive session at 8:45 p.m.
Executive Session began at 8:53 p.m. and was adjourned at 9:50 p.m.
SUMMARY OF ACTIONS TAKEN:
Ordinance 06-06 NO ACTION
Ordinance 07-06 REFERRED TO PLANNING COMMISSION
Ordinance 08-06 ADOPTED
Ordinance 09-06 DEFEATED
` Ordinance 12-06 NO ACTION
Ordinance 15-06 ADOPTED
Ordinance 17-06 NO ACTION
Ordinance 18-06 DEFEATED
Ordinance 19S-06 NO ACTION
Ordinance 23-06 NO ACTION
Ordinance 24-06 ADOPTED
Ordinance 25-06 NO ACTION
Resolution 26-06 ADOPTED
Ordinance 27-06 ADOPTED
Ordinance 28-06 ADOPTED
Ordinance 29-06 NO ACTION
Ordinance 30-06 ADOPTED
Ordinance 92-05 REFERRED TO PLANNING, ZONING AND HOUSING
Ordinance 116-05 ADOPTED
Ordinance 130-05 REFERRED TO PLANNING, ZONING AND HOUSING
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JOHN BENINCASA, PRESIDENT R. MARK LOCKE, COUNCIL CLERK