MINUTES OF THE JUNE 5, 2006
REGULAR MEETING OF THE ALLIANCE CITY COUNCIL
The meeting was called to order by President Benincasa at 7:00 P.M. Councilman Thompson gave the invocation and led the meeting in the Pledge of Allegiance.
ROLL CALL: Alan Andreani, Phyllis Phillips, Warren Price, Roger Rhome, Sue Ryan and Larry Thompson present.
Motion and second to excuse Councilman Okey who is out of town.
MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
MINUTES: Motion & second to receive and file the minutes of the May 15, 2006 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
COMMUNICATIONS:
Notice of Planning, Zoning, & Housing Committee and Safety and Judiciary Committee Joint Committee Meeting on May 22, 2006 @ 9:30 a.m.
Notice of Safety and Judiciary Committee Meeting on May 19, 2006 @ 8:30 a.m.
Notice of Planning, Zoning, & Housing Committee and Safety and Judiciary Committee Joint Committee Meeting on May 20, 2006 @ 8:30 a.m.
Notice of Public Hearing on Resolution 78-06.
Minutes from the May 1, 2006 Water and Sewer Advisory Board Meeting.
Minutes from the April 27, 2006 Safety and Judiciary Committee Meeting.
Minutes from the May 19, 2006 Safety and Judiciary Committee Meeting.
Agenda of the May 16, 2006 Board of Zoning Appeals Meeting.
Water Department Payment/Collection report for April 2006.
Memo from Auditor Alex Zumbar regarding May 2006 Alliance Municipal Income Tax Recapitulation.
Ohio Municipal League legislative Bulletin regarding Tax Expenditure Limits.
Letter from Mayor Toni Middleton to Gerard Yost, Clerk, dated May 31, 2006. RE: Asking Council to approve the appointment of Thomas Pukys and Vincent Marion to the Early Childhood Education Alliance Inc. Board of Trustees for a three year term ending 6/30/09.
Letter from Walter Drane Company regarding the codification of mandatory residential building code.
Letter from Dale Seevers regarding high grass on his property
Letter from Lexington Township Trustees regarding recommendation of Stark Summit Ambulance.
Letter from Ohio Municipal Clerks Association regarding 2006-2007 annual dues.
Announcement of Hummingbird seminar on Information Management for Disaster Recovery.
Announcement of Walter and Haverfield seminar on Video Competition and Preserving Municipal Authority.
Announcement of Nation League of Cities seminar on 14th Annual Leadership Summit.
Letter from Law Director Andrew Zumbar announcing the filing of annexation petition
for Park Commons Annexation and Notice of Public Hearing before the Stark County Board of Commissioners on July 12, 2006 @ 6:30 p.m. at the Lexington Township Hall.Mayors report on receipts collected for May, 2006.
Motion and second to receive and file all communications tendered to the Clerk. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADMINISTRATIVE REPORTS:
Mayor Middleton: Report on Early Alliance Childhood Education Alliance Inc. and request approval of Thomas Pukys and Vincent Marion to the Early Childhood Education Alliance Inc. Board of Trustees for a three year term ending 6/30/09. Explanation of Future land use & priority growth areas map and report administration is entering talks with Lexington Township regarding JEDD’s in these growth areas. Administration would also like to enter talks with Knox Township, Columbiana County and Smith Township, Mahoning County about growth and JEDD’s using Alliance as the central point of the economic growth area.
Safety Service Director Blaser: Explanation of Ordinance 85-06, 86-06, 87-06, and 88-06. Report on letter from Walter Drane Company regarding the codification of mandatory residential building code. Request Executive Session at the end of the meeting for personnel matters to discuss the Economical Development Director position with action to follow returning from executive session.
Motion and second to enter Executive Session at the end of the meeting for personnel matters to discuss the Economical Development Director position with action to follow returning from executive session. . MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Law Director Zumbar: Explanation of Ordinance 88-06 and further explanation of JEDD’s with Lexington Township as reported by Mayor Middleton.
Auditor Zumbar: Report on problem with Public Hearing on Resolution 78-06 due to newspaper not publishing notice timely and the need for a new Public Hearing on the Resolution. Reviewed Alliance Municipal Income Tax Recapitulation Report.
Motion and second to cancel the Public Hearing on Resolution 78-06 set for 6-5-06 at 7:30 p.m. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Motion and second to set a Public Hearing on Resolution 78-06 for 6-19-06 at 7:30 p.m. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
STANDING COMMITTEE REPORTS:
Safety & Judiciary: Andreani: Reviewed the May 19, 2006 Committee meeting. Committee recommends Ordinance 51-06 remain tabled until City acts on the single ambulance provider legislation. Committee recommends Ordinance 66-06 remain tabled until additional information is gathered from department heads. Committee recommends passage of Ordinance 80-06. Committee is reviewing a proposal to utilize Law Enforcement Trust Fund monies for computer equipment to improve police and clerk of court operations.
Finance: Okey (Report by Price): Committee reviewed Ordinance 78-06 and recommends passage.
Community Development: Phillips: request adoption of Ordinance 85-06 and reminded council of the Martin Luther Jr. Parade on June 24, 2006.
Planning, Zoning, & Housing: Price: Report on May 22, 2006 meeting with the Safety and Judiciary Committee and recommend passage of Ordinance 75-06 due to legal issues with hesitation due to safety concerns. Will be formally asking Law Director to look at City Well restriction legislation so that it is in compliance with State Law.
Utilities: Rhome: Hydrant flushing is complete and work is now progressing on some hydrant repairs.
Streets & Alley: Ryan: no report
Properties and Lands: Thompson: no report
Special Committee Report: Urban Development Action Grant Board: Pyers: Outlined the loan request in Ordinance 85-06 and Board recommends approval of Ordinance 85-06.
PUBLIC SPEAKS: None
THIRD READINGS:
Ordinance 75-06: introduced by Price: an Ordinance reducing the distance requirement of section 743.08 of the Codified Ordinances of the City of Alliance from Two Hundred Fifty feet to a minium of approximately Thirty feet for a new construction on a tract on Westwood Avenue; and declaring an emergency. Motion and second to adopt: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS: ADOPTED
SECOND READINGS:
Ordinance 77-06: introduced by Price: an Ordinance accepting and approving the replat of outlot 701 on Overcrest Drive in the City of Alliance, County of Stark and State of Ohio; and declaring an emergency. Motion and second to suspend rules: Motion Passed by acclamation of all members for rules suspension. Motion and second to adopt: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS: ADOPTED
Resolution 78-06: introduced by Council as a Whole: a Resolution providing for the annual tax budget for 2007.
NEW BUSINESS:
Ordinance 81-06; introduced by Ryan:
Ordinance 82-06; introduced by Price: an Ordinance to amend the Zoning Map of the City of Alliance by changing part of the area located between West State Street and Hartshorn Street and McKinley Avenue Rockhill Avenue from Neighborhood Business District (B-1) to College District (C) under the Alliance City Zoning Ordinance. Motion and second to refer to the Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS: REFERRED TO THE PLANNING COMMISSION.
Ordinance 83-06; introduced by Price: an Ordinance accepting and approving the re-plat of McKinley Avenue and Hartshorn Street, numerous lots and parts of four 15 foot alleys North of West State Street, South of Hartshorn Street, West of Clark Avenue and East of South Rockhill Avenue in the City of Alliance, County of Stark and State of Ohio. Motion and second to refer to the Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS: REFERRED TO THE PLANNING COMMISSION.
Ordinance 84-06; introduced by Price: an Ordinance accepting and approving the re-plat of outlots 242 through 245 on South Union Avenue in the City of Alliance, County of Stark and State of Ohio. Motion and second to refer to the Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS: REFERRED TO THE PLANNING COMMISSION.
Ordinance 85-06: introduced by Phillips: an Ordinance authorizing the execution of a loan agreement with respect to the proceeds derived from Urban Development Action Grants (UDAG) in the amount of $50,000.00 to Thersai Ltd.; and declaring an emergency. Motion and second to suspend rules: Motion Passed by acclamation of all members for rules suspension. Motion and second to adopt: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS: ADOPTED
Ordinance 86-06: introduced by Phillips: an Ordinance authorizing and direction the Director of Public Safety and Service to enter into an agreement with Vincent A. Marion Jr. as described in the employment agreement Exhibit “A”, for the purpose of providing various services described in the agreement as an employee of the City of Alliance; and declaring an emergency.
Ordinance 87-06: introduced by Price: an Ordinance amending Ordinance 7-91, as it was subsequently amended, relating to the payment of wages and benefits for the position of Director of Planning and Development; and declaring an emergency.
Ordinance 88-06: introduced by Thompson: an Ordinance indicating what services the City of Alliance, Ohio will provide tot eh Park Commons Annexation to the City of Alliance; and declaring an emergency. Motion and second to suspend rules: Motion Passed by acclamation of all members for rules suspension. Motion and second to adopt: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS: ADOPTED
OLD BUSINESS:
Resolution 80-06: introduced by Andreani: a Resolution adopting the National Incident Management System as the City’s system of preparing for and responding to disasters. Motion and second to adopt: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS: ADOPTED
Motion and second to enter Executive Session for personnel matters to discuss the Economical Development Director position with action to follow returning from executive session. Request Council Members, Clerk, Council President, Mayor, Director of Safety and Service, Law Director, Auditor and Director of Planning and Development. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. ENTERED EXECUTIVE SESSION AT 7:48 P.M.
Council returned to regular session at 8:31 P.M.
Motion and Second to Refer Ordinance 86-06 to Finance Committee and Community Development Block Grant Committee. Council vote 4 to 2 against. MOTION FAILED
Motion and Second to suspend the rules requiring three readings on Ordinance 86-06. Council vote 4 to 2 against. MOTION FAILED
Motion and Second to Refer Ordinance 87-06 to Finance Committee. Council vote tied 3 to 3 and Council President votes against. MOTION FAILED
Motion and Second to suspend the rules requiring three readings on Ordinance 86-06. Motion Passed by acclamation of all members for rules suspension. Motion and second to adopt: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS: ADOPTED
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:48 P.M.
SUMMARY OF ACTIONS TAKEN:
Ordinance 75-06 ADOPTED
Ordinance 77-06 ADOPTED
Resolution 78-06 SET FOR PUBLIC HEARING 6-19-06 @ 7:30 P.M.
Resolution 80-06 ADOPTED
Ordinance 81-06 REFERRED TO PLANNING COMMISSION
Ordinance 82-06 REFERRED TO PLANNING COMMISSION
Ordinance 83-06 REFERRED TO PLANNING COMMISSION
Ordinance 84-06 REFERRED TO PLANNING COMMISSION
Ordinance 85-06 ADOPTED
Ordinance 86-06 FIRST READING
Ordinance 87-06 ADOPTED
Ordinance 88-06 ADOPTED
___________________________ ___________________________________
JOHN BENINCASA, PRESIDENT GERARD T. YOST, COUNCIL CLERK