MINUTES OF THE JANUARY 17, 2006

   REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

The meeting was called to order by President Benincasa at 7:00 p.m.  Councilman Andreani 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 3, 2006 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

1.        Minutes from the December 6, 2005 Safety and Judiciary meeting.

2.        Minutes from the January 3, 2006 Water and Sewer Advisory Board meeting and notice of their February, 6, 2006 meeting.

3.        Ohio Municipal League Legislative Bulletin #1 dated January 6, 2006.

4.        Minutes from the December 20, 2005 Board of Zoning Appeals meeting and agenda for their January 17, 2006 meeting.

5.        Letter from the Ohio Department of Liquor Control concerning liquor permit transfer from Alliance Roadhouse, LLC DBA Texas Roadhouse, 2033 W. State St., Alliance to Texas Roadhouse Holdings, LLC, DBA , Texas Roadhouse, 2033 W. State St., Alliance. City Council must respond prior to February 6, 2006 on a request to have a hearing.

6.        Letter from John B. Blaser, Director of Public Safety and Service to all department heads and elected officials dated January 8, 2006. Re: 2006 Budget Requests

7.        Operational Budget Report by Department as of December 31, 2005.

8.        Letter fro Alexander A. Zumbar, City Auditor dated January 12, 2006. Re: 2005 Pre-Audit Meeting.

9.        Letter from the Ohio Department of Liquor Control concerning liquor permit transfer from Thomas J. Rastetter, DBA Rastetter’s Super Market, 530 S. Arch Ave., Alliance to Rufus A. J. Heards, DBA Victory Market, 530 S. Arch Ave., Alliance. City Council must respond prior to February 6, 2006 on a request to have a hearing.                                

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

ADMINISTRATIVE REPORTS:

Mayor Middleton: gave his State of the City Address.

Safety Service Director Blaser:  reviewed Ordinances 13-06, 17-06, 18-06, 19-06 and 20-06; reminded council of the Public Hearing on January 31, 2006 on the new Zoning Code; asked for an Executive Session at the conclusion of the regular meeting to discuss personnel matters.

Law Director Zumbar: reported that a request to review the Dawson’s liquor permit will be coming to Council..  

Auditor Zumbar: reminded Council of the Pre-audit meeting; reviewed the Operational Budget; reported that all W-2s had been mailed.

STANDING COMMITTEE REPORTS:

Safety & Judiciary: Andreani: reviewed the January 10 Safety and Judiciary Committee meeting; Motion and second that City Council not request a hearing on the liquor permit transfer from Alliance Roadhouse, LLC DBA Texas Roadhouse, 2033 W. State St., Alliance to Texas Roadhouse Holdings, LLC, DBA , Texas Roadhouse, 2033 W. State St., Alliance: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.  Motion and second that City Council not request a hearing on the liquor permit transfer from Thomas J. Rastetter, DBA Rastetter’s Super Market, 530 S. Arch Ave., Alliance to Rufus A. J. Heards, DBA Victory Market, 530 S. Arch Ave., Alliance: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Finance: Okey: reviewed the January 17 Finance Committee meeting;

Community Development: Phillips: spoke in favor and asked for action on Ordinance 14-06

Planning, Zoning, & Housing: Price: no report

Utilities:  Rhome: no report.

Streets & Alley:- Ryan: no report

Properties and Lands: Thompson: no report

PUBLIC SPEAKS: Richard Smedley, 1381 S. Freedom, Alliance- expressed concern over the loud noise ordinances and asked that they address all hours of the day.

THIRD READINGS: none

SECOND 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.

Ordinance 08-06:  introduced by Okey/ Price/ Phillips/ Thompson/ Ryan: an Ordinance to improve and streamline the Keep America Beautiful Commission.

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 refer to Safety and Judiciary: Roll Call: 5-2 (Andreani, Rhome): DENIED

NEW BUSINESS:

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

Ordinance 13-06: introduced by Okey/ Ryan: an Ordinance authorizing and directing the Director of Public Safety and Service to advertise for bids and enter into a contract or contracts for improvements to South Arch Avenue Phase II between East Grant Street and East 11^th Street and asphalt paving between East 11^th Street and Shadyside Court in an amount not to exceed $332,901; 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 14-06: introduced by Phillips: an Ordinance authorizing an increase in the amount of the maximum grant for the 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

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.

Ordinance 16-06: introduced by Okey: an Ordinance making appropriations and transfers of funds in the 2006 Temporary Appropriations 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 17-06: introduced by Rhome: an Ordinance amending Alliance Codified Ordinances Section 509.08 “Music Prohibited During Certain Hours” Motion and second to Table: Roll Call: 5-2 (Andreani, Rhome): TABLED

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.

Ordinance 19-06: introduced by Price/ Okey: an Ordinance to create an Energy Use Reduction Plan for the City of Alliance, Ohio; and declaring an emergency. Motion and second to refer to Property and Lands and Utilities Committees: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Ordinance 20-06: introduced by Okey/ Andreani: an Ordinance authorizing and directing the Director of Public safety and Service to accept two $1,500 grants from the Wal-Mart Foundation for use by the Alliance Police and Fire Departments; 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 21-06: introduced by Okey: An Ordinance authorizing and directing the reissuance of a $500,000 borrowing from Master Capital Improvement Fund and Water Fund revenue sources to the General Fund; 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

Motion and second to amend Ordinance 19-06 with replacement Ordinance 19-06S in its entirety: 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 8:40 p.m.

Executive Session began at 8:50 p.m. and was adjourned at 9:13 p.m.

SUMMARY OF ACTIONS TAKEN:

                Ordinance 06-06                                 NO ACTION

                Ordinance 07-06                                 NO ACTION

                Ordinance 08-06                                 NO ACTION

                Ordinance 09-06                                 NO ACTION

`               Ordinance 12-06                                 REFERRED TO PLANNING COMMISSION

                Ordinance 13-06                                 ADOPTED

                Ordinance 14-06                                 ADOPTED

                Ordinance 15-06                                 NO ACTION

                Ordinance 16-06                                 ADOPTED

                Ordinance 17-06                                 TABLED

                Ordinance 18-06                                 NO ACTION

                Ordinance 19-06                                 REFERRED TO PROPERTY & LANDS AND UTILITIES

                Resolution 20-06                                 ADOPTED

                Ordinance 21-06                                 ADOPTED

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JOHN BENINCASA, PRESIDENT                                                                  R. MARK LOCKE, COUNCIL CLERK