MINUTES OF THE MAY 7, 2007
REGULAR MEETING OF THE ALLIANCE CITY COUNCIL
The meeting was called to order by President Benincasa at 7:00 P.M. Councilperson Phillips 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 and second to approve the minutes of the April 16, 2006 regular meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
COMMUNICATIONS:
1. Minutes of the April 17, 2007 Board of Zoning Appeals Meeting.
2. Notice of Finance Committee Meeting for May 10, 2007 @ 8:30 a.m.
3. Agenda for the May 1, 2007 Board of Zoning Appeals Meeting.
4. Updated Rules of Alliance City Council.
5. Letter from Issue 14 Alliance Committee supporting Issue 14.
6. Memorandum from Auditor Zumbar RE: April 2007 Municipal Income tax Recapitulation.
7. Ohio Municipal League Legislative Bulletin No. 6.
8. 8. Ohio Municipal League Legislative Bulletin No. 7.
9. 9. Ohio Municipal League Legislative Bulletin No. 8.
10. Agenda for the May 16, 2007 Alliance City Planning Commission Meeting.
11. Memo from Mayor Middleton RE: Receipts collected through Mayor’s Office for April 2007.
12. Memo from Water Treatment Plant Superintendent RE: Levels and flows at treatment plant.
13. E-mail from Mr. Blaser RE: Rules of Council.
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 on a new annexation petition filed for property along West Main Street and Beeson Street in Lexington Township noting that the Stark County Commissioners will set a public hearing on the matter some time in July.
Safety Service Director Blaser: Reviewed Ordinances 52-07; 53-07; 54-07; 55-07; 56-07; and 57-07. Explained that the water bills will have a new look due to the hiring of a new billing company.
Law Director Andrew Zumbar: Reported that the City has resolved a law suit involving the towing of a vehicle by the police department and that a new law suit has been filed by a former employee seeking to be re-instated titled Seymour v. City of Alliance.
Reviewed Ordinance 59-07.
Auditor Alexander Zumbar: Reported on the April 2007 Municipal Income tax Recapitulation.
STANDING COMMITTEE REPORTS:
Safety & Judiciary: Andreani: Reported on the committee meeting on May 1, 2007 with Fire Department to review issues including reviewing the progress and status of the First Responder Program and the parties will meet again to further review the program.
Asking for action on Ordinances 56-07; 57-07; 58-07; and 59-07.
Finance: Okey: Reported that the committee will meet May 10, 2007 @ 8:30 a.m. to review Ordinances 14-07; 39-07; and 41-07.
Community Development: Phillips: Asking for no formal action of Ordinance 46-07 at this time want to further review it with Mr. Marion.
Planning, Zoning, & Housing: Price: Reported the Committee needs to meet to continue work on pending Ordinances.
Will sponsor Ordinances 52-07; 53-07; 54-07; and 55-07 to get them onto the agenda for action tonight.
Utilities: Rhome: Reviewed the Water and Sewer advisory board meeting this morning and reported that the Department will begin hydrant flushing the week of May 20.
Streets & Alley: Ryan: No Formal Report.
Properties and Lands: Thompson: No Formal Report.
SPECIAL COMMITTEE REPORTS: None
PUBLIC SPEAKS:
Elizabeth Day of 13795 Overcrest spoke regarding sale of Cocaine energy drink in the City.
Val Shriver of 420 West Main Street spoke regarding sale of Cocaine energy drink in the City.
Jeffrey Day of 13795 Overcrest spoke regarding sale of Cocaine energy drink in the City.
Leslie Young of 154 W. Grant Street spoke regarding the Zoning Board of Appeals procedures.
THIRD READINGS:
Ordinance 39-07: Introduced by Okey: An Ordinance amending Alliance Codified Ordinance Section 181.13 “Allocation of Funds”; and declaring an emergency. NO FORMAL ACTION.
Ordinance 40-07: Introduced by Ryan: An Ordinance vacating parts of two 20 foot alleys East of North Park Avenue between Keystone Street and Wayne Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.
Ordinance 41-07: Introduced by Okey: An Ordinance repaying James Stout and M. Katherine Stout for overpayments made in the construction of West Main Street and the development of the Industrial Park. NO FORMAL ACTION.
SECOND READINGS
Ordinance 46-07: Introduced by Phillips: An Ordinance accepting the proposed Annual Consolidated Plan for the City of Alliance pursuant to the FY-2007 Community Development Block Grant Program in an amount not to exceed $707,476.00; and declaring an emergency. NO FORMAL ACTION.
Resolution 51-07: Introduced by Council as a whole and the Administration: A Resolution honoring retired Fire Chief James A. Reese for his service to the City of Alliance. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.
Ordinance 52-07: Introduced by Price: An Ordinance vacating part of a 16.3 foot alley West of Avenue, North of East College Street, and South of Ohio Street in the City of Alliance, County of Stark, and State of Ohio. Motion and second to refer to the Planning, Zoning and Housing Committee and to the Alliance City Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING ZONING AND HOUSING COMMITTEE AND TO THE ALLIANCE CITY PLANNING COMMISSION.
Ordinance 53-07: Introduced by Price: An Ordinance accepting and approving the replat of lots 10157 and 10164 North of West State Street and South of Hartshorn Street in the City of Alliance, County of Stark, and State of Ohio. Motion and second to refer to the Planning, Zoning and Housing Committee and to the Alliance City Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING ZONING AND HOUSING COMMITTEE AND TO THE ALLIANCE CITY PLANNING COMMISSION.
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 refer to the Planning, Zoning and Housing Committee and to the Alliance City Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING ZONING AND HOUSING COMMITTEE AND TO THE ALLIANCE CITY PLANNING COMMISSION.
Ordinance 55-07: Introduced by Price: An Ordinance to amend the zoning map of the City of Alliance by changing lot 12544 and part of outlot 264 located at the Southwest corner of East State Street and Liberty Avenue from two family residence district (R-2) to neighborhood business district (B-1) under the Alliance City zoning ordinance. Motion and second to refer to the Planning, Zoning and Housing Committee and to the Alliance City Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING ZONING AND HOUSING COMMITTEE AND TO THE ALLIANCE CITY PLANNING COMMISSION.
NEW BUSINESS:
Ordinance 52-07: Introduced by Price: An Ordinance vacating part of a 16.3 foot alley West of Avenue, North of East College Street, and South of Ohio Street in the City of Alliance, County of Stark, and State of Ohio. Motion and second to refer to the Planning, Zoning and Housing Committee and to the Alliance City Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING ZONING AND HOUSING COMMITTEE AND TO THE ALLIANCE CITY PLANNING COMMISSION.
Ordinance 53-07: Introduced by Price: An Ordinance accepting and approving the replat of lots 10157 and 10164 North of West State Street and South of Hartshorn Street in the City of Alliance, County of Stark, and State of Ohio. Motion and second to refer to the Planning, Zoning and Housing Committee and to the Alliance City Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING ZONING AND HOUSING COMMITTEE AND TO THE ALLIANCE CITY PLANNING COMMISSION.
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 refer to the Planning, Zoning and Housing Committee and to the Alliance City Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING ZONING AND HOUSING COMMITTEE AND TO THE ALLIANCE CITY PLANNING COMMISSION.
Ordinance 55-07: Introduced by Price: An Ordinance to amend the zoning map of the City of Alliance by changing lot 12544 and part of outlot 264 located at the Southwest corner of East State Street and Liberty Avenue from two family residence district (R-2) to neighborhood business district (B-1) under the Alliance City zoning ordinance. Motion and second to refer to the Planning, Zoning and Housing Committee and to the Alliance City Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING ZONING AND HOUSING COMMITTEE AND TO THE ALLIANCE CITY PLANNING COMMISSION.
Ordinance 56-07: Introduced by Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service to submit an application for and enter into a grant agreement for federal matching funds from the U. S. Department of Justice to provide bulletproof vests for the Alliance Police Department; 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 57-07: Introduced by Andreani: An Ordinance authorizing the execution of a contract and the expenditure of funds for the minor rehabilitation resurfacing of State Route 62 (East State Street) from State Route 183 to the Columbiana County Line in 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
Resolution 58-07: Introduced by Council as a Whole: A Resolution endorsing the U.S. Mayors Climate Protection Agreement. Motion and second to adopt: Roll Call: Unanimous: ADOPTED
Ordinance 59-07: Introduced by Andreani: An Ordinance amending Alliance Codified Ordinances and Establishing Section 501.99(a)(5); 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
OLD BUSINESS: None.
MISCELLANEOUS BUSINESS: Discussion regarding Ordinance 46-07 and the filing deadline with the Department of Housing and Urban Development prior to next regular meeting. Motion and Second for rules suspension: Discussion of Price and Okey abstaining due to a conflict of interest. Withdrawal of Motion for rule suspension.
Motion and Second to set special council meeting for 5-14-07 at 7:00 P.M. in council chambers to address Ordinance 46-07 and any other business: Rule call: Unanimous: Special meeting set for 5-14-07 at 7:00 P.M. in council chambers.
Motion and Second to move next regular council meeting on 5-21-07 at 7:00 P.M. in council chambers 5-21-07 at 10:00 A.M. in the Alliance High School Auditorium: Rule call: Unanimous: Next Regular meeting moved to 5-21-07 at 10:00 A.M. in the Alliance High School Auditorium.
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:33 P.M..
SUMMARY OF ACTIONS TAKEN:
Ordinance 39-07 THIRD READING
Ordinance 40-07 ADOPTED
Ordinance 41-07 THIRD READING
Ordinance 46-07 SECOND READING
Resolution 51-07 ADOPTED
Ordinance 52-07 REFERRED TO PLANNING ZONING AND HOUSING COMMITTEE
AND PLANNING COMMISSION
Ordinance 53-07 REFERRED TO PLANNING ZONING AND HOUSING COMMITTEE
AND PLANNING COMMISSION
Ordinance 54-07 REFERRED TO PLANNING ZONING AND HOUSING COMMITTEE
AND PLANNING COMMISSION
Ordinance 55-07 REFERRED TO PLANNING ZONING AND HOUSING COMMITTEE
AND PLANNING COMMISSION
Ordinance 56-07 ADOPTED
Ordinance 57-07 ADOPTED
Resolution 58-07 ADOPTED
Ordinance 59-07 ADOPTED
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JOHN BENINCASA, PRESIDENT GERARD T. YOST, COUNCIL CLERK