MINUTES OF THE JULY 2, 2007
REGULAR MEETING OF THE ALLIANCE CITY COUNCIL
The meeting was called to order by President Benincasa at 7:00 P.M.. Councilperson Andreani gave the invocation and led the meeting in the Pledge of Allegiance.
ROLL CALL: Alan Andreani, Steve Okey, Warren Price, Roger Rhome, Sue Ryan and Larry Thompson present.
Motion and Second to Excuse Councilperson Phyllis Phillips due to an unexpected personal matter of urgency. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
MINUTES: Motion and second to approve the minutes of the June 25, 2006 special meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
COMMUNICATIONS:
1. Response for weeds letter for 535 North Webb Avenue.
2. Memo from Auditor Zumbar RE:June 2007 Alliance Municipal Income Tax Recapitulation.
3. Letter from Ohio State Senator RE: S.B. 117 (The Video Franchising Law).
4. Minutes of the May 1, 2007 Safety and Judiciary Meeting.
5. Memorandum from Mayor Middleton RE: Receipts collected throught eh Mayor’s Office during the Month of June 2007.
6. Memorandum from the Alliance City Planning Commission RE: recommendations on Ordinance 38-07.
7. Information from Substance Abuse and Mental Health Services Administration RE: Recoverymonth.gov
Motion and second to receive and file all communications tendered to the Clerk. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADMINISTRATIVE REPORTS:
Mayor Middleton: Reported that Ordinance 75-07 has developed urgency due to timing issues and construction requirements.
Reviewed Ordinance 83-07 and explained the administration intention to re-allocate funds from parks to economic development if levy passes.
Explained Ordinance 84-07 regarding the CETA with Lexington Township and asking for no action on the ordinance until a joint meeting with the township can be held.
Safety Service Director Blaser: Reviewed Ordinance 38-07-S and the recommendations of the City Planning Commission related to it.
Explained the pre-bid meeting on the brick repair to the City Building and how the recommendations may affect final costs.
Reviewed Ordinance 85-07.
Expressed concerns on the economic effects of Ordinance 78-07.
Law Director Andrew Zumbar: Reviewed a proposed amendment to Ordinance 78-07.
Reviewed the procedure for a real estate tax levy and how that is related to Ordinance 83-07 as well as the timing issues to place a levy on the ballot.
Explained and reviewed a lawsuit filed by a property owner related to the alley vacation in the area of West State Street and Penn Avenue.
Auditor Alexander Zumbar: No formal report
STANDING COMMITTEE REPORTS:
Safety & Judiciary: Andreani: Reported on the June 30, 2007 to review the third quarter of the first responder program.
Reported the committee recommended passage of Ordinance 78-07 by a 2 to 1 vote and expressed concern on the economics.
Finance: Okey: Reported no objection to bringing 75-07 to the floor without committee review and action due to the time sensitivity.
Community Development: Phillips: No Formal Report.
Planning, Zoning, & Housing: Price: Reported on the July 2, 2007.
Explained that the Committee recommends the defeat of Ordinance 54-07 which was also rejected by the Planning Commission.
Explained that Ordinance 38-07-S contains the recommendations of the Planning commission and needs a public hearing
Motion and second to hold a public hearing on Ordinance 38-07-S on July 16, 2007 @ 7:30 P.M. in Council chambers. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Reported the next committee meeting will be July 16, 2007 @ 5:30 PM in the City Administration Building Conference room to discuss Ordinance 103-06.
Utilities: Rhome: Reported on the July 2, 2007 meeting.
Streets & Alley: Ryan: Reported the discussions with the City Engineer regarding the Summer Paving project are under way and the evaluation process has begun however there will be less money this year due to other projects.
Properties and Lands: Thompson: No Formal Report.
THIRD READINGS:
Ordinance 75-07: Introduced by Andreani: An Ordinance authorizing and directing the Mayor and Safety Service Director to enter into an Alliance Community reinvestment area agreement with James G. Stout, owner of Costal Pet Products Inc.; and declaring an emergency. Motion and Second to amend to include new language about utilizing best efforts to fill positions with Alliance residents in paragraph three of the exhibit “A”: Roll Call: Unanimous for amendment. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt as amended: Roll Call: Unanimous: ADOPTED AS AMENDED.
Ordinance 78-07: Introduced by Okey and Price: An Ordinance to reauthorize and make permanent the First Responder Unit of the Fire Department of the City of Alliance, Ohio. Motion and Second to amend to include new language as recommended by the Law Director: Roll Call: Unanimous for amendment. Motion and Second to amend to include new language as stated in proposed new Section 1.5: Roll Call: 4 to 2 (Andreani and Rhome) against the amendment. Motion defeated. Motion and Second to refer to the Finance Committee: Roll Call: 4 to 2 (Andreani and Rhome) against the referral. Motion defeated. Motion and second to adopt: Roll Call: 4 to 2 (Andreani and Rhome): ADOPTED
SECOND READINGS: None
NEW BUSINESS:
Ordinance 81-07: Introduced by Rhome: An Ordinance vacating part of a 20 foot alley East of Union Avenue and South of Perry Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to refer to the Alliance City Planning Commission: Roll Call: Unanimous: REFERRED TO THE PLANNING COMMISSION.
Ordinance 82-07: Introduced by Rhome: An Ordinance accepting and approving the replat of all of outlot 678 on West State Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to refer to the Alliance City Planning Commission: Roll Call: Unanimous: REFERRED TO THE PLANNING COMMISSION.
Resolution 83-07: Introduced by Thompson, Ryan, Rhome, and Andreani: A Resolution directing the Clerk of Council to request the Stark and Mahoning County Auditors to certify to the Alliance City Council the current tax valuation of the City of Alliance and the amount of revenue that would be generated by a 2.75 mill new tax levy for the operation and maintenance of the parks and recreation department; and declaring an emergency. Motion and second to suspend rules: Roll Call: 4 to 2 (Okey and Price) against the rule suspension. Motion defeated.
Ordinance 84-07: Introduced by Rhome & Thompson: An Ordinance authorizing and directing the Mayor to enter into a cooperative economic development agreement with Lexington Township in accordance with the terms and provisions on attached Exhibit “A”; and declaring an emergency. Motion and second to refer to the Finance Committee: Roll Call: Unanimous: REFERRED TO THE FINANCE COMMITTEE.
Ordinance 85-07: Introduced by Andreani: An Ordinance authorizing and directing the director of Public Safety and Service to apply for, receive and expend a Byrne Justice Assistance Grant in the amount of $12,153; and declaring an emergency.
Motion and second to hold a public hearing on Ordinance 85-07 on July 16, 2007 @ 7:45 P.M. in Council chambers. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
OLD BUSINESS:
Motion and second to substitute Ordinance 38-07-S for Ordinance 38-07 in whole. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Ordinance 54-07: Introduced by Price: An Ordinance to amend the zoning map of the City of Alliance by changing lot 10164 located on Hartshorn Street from one family residence district (R-1) to neighborhood business district (B-1) under the Alliance City zoning ordinance. Motion and second to defeat: Roll Call: Unanimous: DEFEATED.
MISCELLANEOUS BUSINESS: Motion and second to hold a special council meeting on July 6, 2007 @ 8:30 A.M. to review Resolution 83-07 and any other business. MOTION PASSED BY 5 to 1 (Price) VOTE THE MEMBERS PRESENT.
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:50 P.M..
SUMMARY OF ACTIONS TAKEN:
Ordinance 38-07 SUBSTITUTED AS Ordinance 38-07-S
Ordinance 54-07 DEFEATED
Ordinance 75-07 ADOPTED AS AMENDED
Ordinance 78-07 ADOPTED AS AMENDED
Ordinance 81-07 REFERRED TO THE PLANNING COMMISSION
Ordinance 82-07 REFERRED TO THE PLANNING COMMISSION
Ordinance 83-07 FIRST READING
Ordinance 84-07 REFERRED TO FINANCE COMMITTEE
Ordinance 85-07 SET FOR PUBLIC HEARING
__________________________________ ________________________________
JOHN BENINCASA, PRESIDENT GERARD T. YOST, COUNCIL CLERK