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MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, MARCH 5, 2007
COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, March 5, 2007. We have in attendance with us this evening: Mayor Cicchinelli, Auditor Hamit, Bob Zadell from the law department, and Engineer Dylewski. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. As Mr. Mang indicated we will have an opportunity at the beginning of this meeting for more comments from the public and I will also entertain a request by Mr. Mang to bring this forward as the first item on our agenda this evening so that we can bring that right to the top of our agenda.
1. ROLL CALL
Roll call for the evening found the following Council Members present: Tim Bryan, Kathy Catazaro-Perry, Jayne Ferrero, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend.
Thus giving a roll call vote of 9 present.
2. INVOCATION
COUNCILMAN PETERS – Gave the invocation for tonight.
3. PLEDGE OF ALLEGIANCE
COUNCILMAN PETERS – Chairman of the Streets and Highways Committee led those in attendance in the Pledge of Allegiance.
4. READING OF THE JOURNAL
COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written.
5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA
COUNCIL PRESIDENT GAMBER We are at item 5 which is where we will pick up again with public comments this can be for any item that is on our agenda this evening. It does not have to be about the rezoning issue it can be about anything that is on our agenda. I’d like to remind the council members to pull your microphones close to you we hear from our tv person that sometimes the audio doesn’t come through as it ought to. At this point, I’ll ask Mr. Mang I think you were entertaining those that were opposed to the rezoning. We’ll continue then anyone who is opposed to the rezoning please come forward. I ask that you keep your remarks brief and keep the line moving. So at this time anyone who would like to come forward please do.
AL CLIMER – I live at 2039 Lincoln Way East; I apologize for coming back up but I did forget one thing after Mr. Passalacqua discussed the water run off problem. I’d like to give this also to council if you look at the topographical map starting at Lincoln Way going south at the end of the block it starts an elevation and it drops 30 feet. If you put a building in there with all kinds of concrete you’re going to have more of a water problem than what we have already. But there is a 30 foot drop I want to leave with council also.
COUNCIL PRESIDENT GAMBER Alright, thank you. If you would pass that forward to the Clerk we’ll mark that and put that in our file.
CHRIS JONES – I live at 131 23rd Street SE; yes, we did get a letter. I just wanted to remind you I think in the pictures and the drawings that they showed they’re going to have the access and egress for this development onto 21st and 22nd Street not onto Lincoln Way because there’s too much traffic. Well, there’ s no light at 21st and 22nd Street there’s a light at 24th Street and it seems that or 23rd Street. So they’ll be going through what is an alley its gravel, its not the city comes every year and puts down more stones, but they don’t come with a snow plow or anything and that’s the way they’re going to come around because it’s the quickest way to the light. The only people that are going to be there are going to be us that’s where that’s basically our alley to our garage all the other houses will be gone so that won’t be a problem. But the traffic will be a problem especially for many of the other residents especially on 21st Street there’s children. I just wanted to remind you that that’s going to be a real issue for at least where we live and the city’s going to have to do something with the you know the alley because you know maybe we can get it I don’t know. It’s just we had to pay to have it plowed when we had the big snow because otherwise I couldn’t get to work. So anyhow thank you for your time.
JEFF SANTUCCI – I live at 130 25th Street SE. I just want to say for all the reasons that have been brought forth to city council I am also opposed to it. I have small children and the traffic impact alone is enough for me to say “I’m against it”.
CAROL CASTELLANOS – 2007 Vermont Avenue SE. I received a letter under the name of Vasquez was my married name. I’ve lived there for 28 years and I am opposed against it I always have been and I always will be. Thank you.
COUNCIL PRESIDENT GAMBER Seeing no one else approach we will now move to those who are in favor of this rezoning if you’d like to please come forward and have not spoken yet. I see no one coming forward is there anyone who would like to speak on another topic that is on our agenda this evening I invite you forward at this time. Again, I see no one coming forward Mr. Mang with your permission Mr. Oser indicates he would like to come forward again.
COUNCILMAN MANG Yes, we’ve already left one individual do that I don’t see any problem with that.
COUNCIL PRESIDENT GAMBER Alright, Mr. Oser?
CARL OSER – Yes, I was just going to say a lot of people feel…
COUNCIL PRESIDENT GAMBER Mr. Oser, I’m sorry we do have to get your name and address again for the record.
CARL OSER – I8201 Kellydale NW, Massillon. You know as far as people criticizing the developers water run off construction and this and that. If they build 300 projects throughout the country I’m sure they know what they’re doing. Now they have the Rubbermaid headquarters in Wooster they bought recently. That’s a 300,000 square feet what these people don’t realize how big that it is that’s 40 times bigger than where Goodwill was at, the CVS combined as far as square footage. They took that building which was practically all vacant have redone it and have over 2/3 of it leased which has created jobs and so forth. People need jobs in Massillon you’re going to have construction jobs which averages $55.00 - $60.00 an hour during your construction period. Again, think of that city income tax and when you have employees this is not a big issue but you’ll have 24 – 30 employees there which create jobs. I think you know we need jobs so I think things like that should be considered. Thank you.
6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS
COUNCIL PRESIDENT GAMBER We’ll move forward towards the introduction of ordinances and resolutions Mr. Mang do you have a request?
COUNCILMAN MANG Yes, I request that we bring Ordinance No. 16 – 2007 to be the first item on our agenda for this evening.
ORDINANCE NO. 16 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE
Rezoning a tract of land from RM – 1 Multiple Family Resident to B – 1 Local Business. The applicant is Andrew Oser.
COUNCILMAN MANG All members of council were here to listen to the people who are for and those who are against. All council members also have a map of the area and also have a list of the people who were sent letters to you also know that people who responded by here by coming here this evening. It is up for its third and finally reading. I had a request from Mr. Peters he wanted to address one of the issues was brought up during the public hearing. So Donnie would you like to address that issue?
COUNCILMAN PETERS I’d like to call the city engineer up if I could I have a few questions for him, he might be able to help answer some of the issues that I have. Yes, Keith, are you like when one of these things goes out and gets rezoned and the developer has to do a site plan am I correct? Does that come through your office to be approved for like water run off and sewer and so forth? (Correct, yes) Okay, and in order for them to ever get a permit to go ahead and build something there they have to have your blessings so to speak or whatever it has to be approved and done in the right way so that there’s not this water problem that we’ve been hearing about and drainage problem and so forth. Is that also correct? (Yes, that’s correct) Okay, Mr. Mang that’s all the questions I have. Thank you Keith.
COUNCIL PRESIDENT GAMBER Is there anything else for the engineer while we have him? Mr. Mang, your motion?
COUNCILMAN MANG moved to bring Ordinance No. 16 – 2007 forward for passage, seconded by Councilman Townsend.
COUNCILMAN MANG My recommendation to council tonight is that we pass this piece of legislation tonight. The reason being is I think council has had an opportunity to see the map we know the area and we had the opportunity to listen to people who was there. For the first time, we’ve had a real opportunity to be able to put names with places and I think it’s important that we do that. I think all of council respects the people who live within the 300 foot areas the people are very critical to this area. But its been pointed out that obviously we need to do something with the land and I know that back in the 70’s we did whatever, but we’re now in the 21st century and I think we have to look at things they way they are today. So I wholehearted support this piece of legislation.
ORDINANCE NO. 16 – 2007 WAS DEFEATED BY A ROLL CALL VOTE OF 5 YES, 4 NO. BRYAN, FERRERO, MANSON AND MCCUNE VOTED NO.
ORDINANCE NO. 29 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE
Authorizing the Director of Public Service and Safety to enter into a purchase for the sale of the Armory property to the Massillon City Board of Education.
COUNCILMAN MANG I think all members of council know the piece of property we’re talking about the Armory is out on Harsh Avenue SE. When we look in section 2 of this piece of legislation it refers to the $100,000.00 that the Board of Education would pay to Massillon City. That $100,000.00 would then be going into the Community Development Block Grant Fund. Also in section 2 it lists the three areas that the Massillon Board of Education will forgive to the City of Massillon the monies that were owed them through the lawsuit and those monies being a total of $147,866.40. I wish to give it tonight its first reading.
ORDINANCE NO. 29 – 2007 WAS GIVEN FIRST READING.
ORDINANCE NO. 30 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE
Authorizing the Director of Public Service and Safety to enter into an agreement with the Massillon City Board of Education.
COUNCILMAN MANG It’s like a companion piece of ordinance. Ordinance No. 29 authorizes the Director of Public Service to enter into a purchase agreement and Ordinance No. 30 authorizes the Director of Public Service and Safety to enter into an agreement for the City of Massillon. Again in section 1 we’re looking at the fee of $100,000.00 to be paid to the City of Massillon by the Board of Education also we’re looking at A, B, C and D which brings it to a total of $147,866.40. I also wish to give this piece of legislation its first reading.
ORDINANCE NO. 30 – 2007 WAS GIVEN FIRST READING.
ORDINANCE NO. 31 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE
Accepting final plat and dedication of various streets for Ballinger Estates Phase II..
COUNCILMAN MANG Ballinger Estates is known as Out Lot 303 and its located on the west side of 16th Street SE and south of Gibson Avenue. The request is to plat 14 new residential lots and includes the extension of 15th Street SE, Ballinger Avenue SE and the right of way of 16th Street. The property is presently zoned R-1 single family. I wish to give this piece of legislation its first reading.
ORDINANCE NO. 31 – 2007 WAS GIVEN FIRST READING.
ORDINANCE NO. 32 2007 BY: ENVIRONMENTAL COMMITTEE
Authorizing the Director of Public Service and Safety to accept dedication of storm sewer easement on Out Lot 596 for EMSCO on Nova Drive SE.
COUNCILMAN MANSON This we discussed at last week’s committee session. Presently, EMSCO was a company I believe they’re in welding I believe. They are located on Nave on Lot 560 and next to it there is a large detention pond on Lot 596 and all they’re doing is requesting to connect a storm sewer from a small detention pond they intend to put on their property into our larger detention pond there. If you’ve gotten down there to see it I think you can tell there will be or should be minimal absolutely minimal problems with rain water run off where the building is being constructed that water drains that way already so it may come a little faster but that would be it.
COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Ferrero.
The rules were suspended by a roll call vote of 9 yes.
ORDINANCE NO. 32 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.
ORDINANCE NO. 33 2007 BY: PUBLIC UTILITIES COMMITTEE
Authorizing Director of Public Service and Safety to consent assignment of an easement for wire, pipe and cable transverse crossing upon real estate owned by the city from Northern Energy Development, Inc. to the East Ohio Gas Company.
COUNCILMAN MCCUNE Yes, we discussed this last week’s work session and I had further discussion with Perry. This is a mere formality but I would like to ask for Perry’s designee to come forward in case we have any questions and maybe he can give us a brief overview just to ease any concerns.
BOB ZADELL – Do you have a specific question?
COUNCILMAN MCCUNE No, I really wanted you up here in case anyone else had a question. As, like I said in the discussions I had with Perry this is a mere formality and I plan if there is no questions to ask to waive the rules and go forward with passage tonight.
BOB ZADELL – Generally speaking I mean its something like this I haven’t actually read what’s going on and you folks know better the reasons for it or why it would be needed. But, yeah, it is basically a formality a legal formality if the easement already exists there unless you’re changing tremendously changing the purpose for the easement it really is a matter of formality. It’s fairly common to convey easements in this manner if you need a company that is seeking the assignment needs the easement its probably a good idea to give it to them.
COUNCIL PRESIDENT GAMBER - Mr. Bryan, did you have a question? (He answered it.) Alright is there anyone else. Thank you, Mr. Zadell.
COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Manson.
The rules were suspended by a roll call vote of 9 yes.
ORDINANCE NO. 33 – 2007 WAS GIVEN FIRST READING.
ORDINANCE NO. 34 2007 BY: FINANCE COMMITTEE
Making certain appropriations from unappropriate balance of the General Fund, Solid Waste Fund, Waste Management Grant Fund and the Probation Service Fund for the year ending December 31, 2007 for workers comp.
COUNCILWOMAN CATAZARO-PERRY These items here section 1 through 6 is for workers comp. We generally have a certain amount for that however we did not get our 20% discount this year so we need to allocate these dollars for those certain accounts for workers comp. Section 1, is to appropriate from the general fund into an account entitled workers comp of $44,705.00. Section 2, is to appropriate from the unappropriated balance of solid waste fund $5,549.00 to an account entitled workers comp. Section 3, again appropriate from the unappropriated balance of the waste management grant fund $2,203.00 to an account entitled workers comp. Section 4, appropriate from the unappropriated balance of the ADR fund $2,093.00 to an account entitled workers comp. Section 5, appropriate from the unappropriated balance of the probation service fund $371.00 to an account entitled workers comp. We’d like to get this passed this evening so I would like to suspend the rules if there are no questions.
COUNCILMAN BRYAN Mrs. Catazaro-Perry, what 20% discount didn’t we get?
COUNCILWOMAN CATAZARO-PERRY There’s a 20% discount and unfortunately Mr. Loudiana isn’t here it’s one that we may still get this year from workers comp I believe. They’re waiting to see if we do get it, but it comes maybe later on in the year.
COUNCIL PRESIDENT GAMBER - If I can suggest the auditor to come forward he may have a response to that.
AUDITOR HAMIT – Workers comp charges us quite a chunk of change for workers comp. Last year the ordinance covering this particular thing was passed about the same timeframe as Ordinance No. 58 its just about the same amount of monies was involved in it. In years past there’s been a 20% chunk discount of our workers comp. There’s that discount also there’s a pay up front discount that why we’re doing this money in line is when we get our bill in April we send a check off right of way and we do get an additional 10% discount for that for paying up front. It’s presently we have $360,000.00 in that line item. This is will bring it up to about $400,000.00, $410,000.00 for workers comp. Mr. Loudiana has been working with workers comp and having classes throughout the city if you remember last year you guys even attended some classes. Through these classes we may be given a break with this discount through his efforts. We’re still arguing with them.
COUNCILMAN MANSON So can it be based on how the workers comp fund has been performing for the last couple of years like it claims are up can that reduce the discount we get or doesn’t have anything to do with it.
AUDITOR HAMIT – There’s so many facets on it, it’s a class in itself workers comp. If we have any glaring changes we go after them if not they’re a country of their own.
COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters.
The rules were suspended by a roll call vote of 9 yes.
ORDINANCE NO. 34 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.
ORDINANCE NO. 35 2007 BY: FINANCE COMMITTEE
Making certain appropriations from the unappropriated balance of the 1201 Street Fund, 1206 Muni Motor Vehicle License Fund, Home Health Fund and the General Fund, for the year ending December 31, 2007.
COUNCILWOMAN CATAZARO-PERRY Ordinance No. 35 – 2007 has 4 sections to it and I will be moving to waive the rules this evening on this as well. The first section is to appropriate from the unappropriate 1201 street fund to an account entitled supplies and materials its $41,316.00 this is to purchase our salt for the street department. It’s 1200 tons at $34.43 a ton. Section 2, is to appropriate from the unappropriated balance of 1206 muni motor vehicle license fund to two different accounts $2,015.00 to an account entitled services and contracts this is for vehicle license registration audit and $2,000.00 to an account entitled storm sewer repair. This is an emergency repair for the corner of Highland and Young Street for the storm sewer. Section 3, is to appropriate from the unappropriated balance of the home health fund $1,000.00 to the account for smoking ban supplies and $424.00 to an account entitled smoking ban services. This is part of the dollars that are needed to help stop the smoking in our area businesses. We did discuss that that will be coming to us in April they’re going to decide what penalties that there will be. So we will find those out in April. Section 4, is to appropriate from the unappropriated balance of the general fund $1,200.00 to an account entitled city hall services and contracts. This is to replace a heater in the three stall garage next to city hall it’s freezing pipes when the heater’s not working and creating some problems. So this heater is I believe over 10 years old and they’d like to have it replaced because the parts are no longer made or too expensive.
COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Bryan.
The rules were suspended by a roll call vote of 9 yes.
ORDINANCE NO. 35 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.
7. UNFINISHED BUSINESS
COUNCILMAN MANSON – Yes, I asked you earlier about a question and you said it could come under either 7 unfinished business or 12 resolutions and requests of council members right either one? I’ll wait till 12 then.
8. PETITIONS AND GENERAL COMMUNICATIONS - NOTHING
9. BILLS, ACCOUNTS AND CLAIMS
1. INDEPENDENT – $410.38
COUNCILWOMAN CATAZARO-PERRY I move that we pay the bill, seconded by Councilman Peters.
Roll call vote of 9 yes to pay the bill.
10. REPORTS FROM CITY OFFICIALS
A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR FEBRUARY 2007. COPY FILE
B). AUDITOR SUBMITS MONTHLY REPORT FOR FEBRUARY 2007 COPY FILE
COUNCILWOMAN CATAZARO-PERRY I move that we accept the auditor’s report, seconded by Councilman Bryan.
Roll call vote of 9 yes to accept the auditor’s report.
11. REPORTS OF COMMITTEES
COUNCIL PRESIDENT GAMBER Committee meetings will be next Monday, March 12th starting at 5:45pm. I would like to make a comment Mr. Bryan is pro tem is in charge of the calendar for our work sessions and if you’re bringing guests in please work out with him when you think they might be on our agenda so that they’re not sitting here waiting for an ornate amount of time. Do we know if we have any guests coming in at our next meeting Mr. McCune?
COUNCILMAN MCCUNE I believe we will have some people in to continue to discuss the PLA or what a reasonable faximile of.
COUNCIL PRESIDENT GAMBER Alright, as I suggest please get with Mr. Bryan so you guys can work that out.
12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS
COUNCILMAN MANSON – Yes I’d like to make a motion that we adjourn to executive session to discuss pending litigation or possible litigation, seconded by Councilman Maier.
COUNCIL PRESIDENT GAMBER Before we vote who would you like to bring along with you?
COUNCILMAN MANSON – Mr. Stergios’ stand in, if the Mayor would like to come I would like for him to come, the auditor, all of us. The topic is lead.
Roll call vote of 9 yes to go into executive session.
COUNCIL PRESIDENT GAMBER For the benefit of those in the audience executive session is used on very rare occasions when there’s items to be discussed regarding lawsuits, personnel issues and items like that. We will adjourn to the backroom and be back very shortly.
We are now back in session.
COUNCIL PRESIDENT GAMBER Mr. Manson had the floor, Mr. Manson?
COUNCILMAN MANSON – Yes, I’d like to make a motion that we reconsider Resolution No. 1 – 2007 that we acted on two weeks ago, seconded by Councilman Peters.
COUNCIL PRESIDENT GAMBER I’ll remind everyone that again a vote to reconsider simply brings it back up for discussion. This doesn’t determine the outcome of the new discussion.
COUNCILMAN BRYAN Point of order, I do recall that Mr. Manson is in order making the motion because he voted with the side that won. Another words he voted no, does the second have to come from somebody that voted no, that’s what I don’t recall?
COUNCIL PRESIDENT GAMBER No, I checked in our copy of Robert’s Rules and during the public hearing I checked that. It does not matter who seconds the motion has to come from someone on the prevailing side it specifically says it doesn’t matter who makes the second. That was a good point though and I did check that out. Mr. Maier did you have question?
COUNCILMAN MAIER – Same point of order.
COUNCIL PRESIDENT GAMBER This is to bring it back up for discussion.
Roll vote of 5 No, 4 Yes to reconsider. Maier. Mang, Manson and Peters voted yes to reconsider.
COUNCIL PRESIDENT GAMBER Alright, the request is denied.
COUNCILWOMAN CATAZARO-PERRY I have just a comment that I’d like to make quickly for committee reports. I did want to make sure everyone received this letter from the Clerk of Massillon Johnnie Maier Jr. He did send a letter out to everyone and we will be discussing this further on Monday at the work session. Did everyone receive the letter? Okay, great. Thank you.
COUNCIL PRESIDENT GAMBER Anything else under item 11 or 12?
13. CALL OF THE CALENDAR
ORDINANCE NO. 169 2006 BY: POLICE AND FIRE COMMITTEE
Amending CHAPTER 761 “TOWING COMPANIES” of the Codified Ordinances of the City of Massillon, by repealing existing Subsection 761.01 (d) “IMPOUNDING LOTS AND MAIN TOWNING CO. AND DISPATCH FACILITY”.
COUNCILMAN MAIER – Yes, last week at the work session we had Officer Gary Mead come and address the work session in reference to keeping track of the calls and the times and all that. His recommendation last week would be that we pass this ordinance. So I would like to request we pass this ordinance and bring it forward for a vote.
COUNCILMAN MAIER moved for passage, seconded by Councilman Peters.
COUNCILWOMAN FERRERO I’ll ask to be excused from voting on this because my husband represents one of the people that are involved with this ordinance.
COUNCILMAN BRYAN I make a motion that we excuse Councilwoman Ferrero from voting, seconded by Councilman Maier.
Roll call vote of 8 yes to excuse Councilwoman Ferrero.
COUNCILWOMAN CATAZARO-PERRY I just have a quick comment. You know I feel that the towing company Oscars that we’re talking about is with the reports that we received was generally and I’ll say that lightly generally within the allotted timeframe that we had from Gary Mead our officer. I just think this is a little ridiculous to try to bring this down to 15 minutes when we’re at 20 minutes and they’re meeting that time limit and I’m not sure if this is a competitive nature or exactly what the main point is, but I would like to keep it at 20 minutes.
COUNCILMAN MAIER – Yes, I guess the main point with the police department is when they’re on an accident scene or something of that nature two of the wrecker companies are getting there in a timely fashion and helping get the area clean so we can continue the free flow of traffic. So the request is actually from the director’s office through the police department and that’s what it is in order to give the police department a better tool to work accidents situations.
COUNCILMAN BRYAN – Just like to hear the Mayor’s comments I can’t recall if he has commented on this yet. Mr. Mayor, you heard Mr. Maier the recommendation of the police department or at least the traffic officer and the safety service director was that we shorten this from 20 minutes to 15 minutes are you in agreement with that?
MAYOR CICCHINELLI – Yes, I wouldn’t have signed the legislation request if I wasn’t in agreement with it.
COUNCIL PRESIDENT GAMBER Mr. Maier, would you mention the distinction between the date time and the night time hours, please?
COUNCILMAN MAIER – Yes, in the ordinance in Section D 15 minutes estimated arrival time from 7am to 10pm, 20 minutes estimated arrival time from 10:01pm to 6:59am. If for any reason a tow company can not comply with this required ETA for a specific call it shall inform the dispatch and at that time the call will receive the dispatch will reroute a call to the next towing company in the rotation. So what they’re asking for is 20 minutes at night and 15 during the day.
COUNCIL PRESIDENT GAMBER Alright, thank you for clarifying that. If I may be permitted one question. I recalled during several committee sessions the question was asked about a penalty clause. Is there any penalty for failure to meet this provision if so its not in the ordinance.
COUNCILMAN MAIER – I don’t see it in the ordinance. It’s my understanding that the administration would give the administration, the safety service director whatever something to go back to the wrecker companies with if its violated.
COUNCILWOMAN CATAZARO-PERRY I would like to make a comment. Since Chuck did clarify that Gary Mead does want us to support the police department I will vote yes.
ORDINANCE NO. 169 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 11 2007 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY
Vacating a portion of a certain public alley located between Tremont Avenue SW and Lincoln Way West running east/west between 6th Street SW and 5th Street SW.
COUNCILMAN PETERS Yes, this is a request to vacate an unnamed 15 foot wide alley lying between Tremont Avenue SW and Lincoln Way West and running in an east/west direction between 6th Street SW and 5th Street SW. The request to vacate that portion from 6th Street SW easterly approximately 156 feet. This property will be divided equally amongst the petitioners and replatted into the adjourning lots. I might add that this was approved by the city planning commission on December 13th 2006. You’re all aware of my feelings on vacating alleys and I’m not against this and it is in my ward.
COUNCILMAN PETERS moved for passage, seconded by Councilman Townsend.
ORDINANCE NO. 11 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.
14. THIRD READING ORDINANCES AND RESOLUTIONS - WAS ALREADY TAKEN CARE OF.
.SECOND READING ORDINANCES AND RESOLUTIONS
16. NEW AND MISCELLANEOUS BUSINESS
.REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA
18. ADJOURNMENT
COUNCILMAN PETERS I move that we adjourn, seconded by all.
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MARY BETH BAILEY, CLERK,
______________________________
GLENN E. GAMBER, PRESIDENT
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