MINUTES OF THE AUGUST 16, 2004
REGULAR MEETING OF THE ALLIANCE CITY COUNCIL
The meeting was called to order by President Benincasa at 7:00 p.m. Councilman Rhome gave the invocation and led the meeting in the Pledge of Allegiance.
ROLL CALL: Cody Combs, Phyllis Phillips, Randy Pope, Roger Rhome, Doug Schwarz and Jack Weaver present. Motion and second to excuse Andreani: PASSED BY ACCLAMATION OF ALL MEMBERS. Pope entered meeting at 7:06 P.M.
MINUTES: Motion & second to receive and file the minutes of the August 2, 2004 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
COMMUNICATIONS:
1. Operational Budget by department as of July 31, 2004
2. Water and Sewer Department Financial Report for July 2004.
3. Letter from Ohio EPA dated August 10, 2004 to Mayor and Council, City of Alliance. Re: Oak Tree Commons water line extension.
4. Letter from Ohio Division of Liquor Control to R. Mark Locke, Clerk dated August 9, 2004. Re: FOE Alliance Goodwill Aerie Liquor Permit
5. Agenda foe the August 17, 2004 Board of Zoning Appeals meeting.
6. Minutes from the August 2, 2004 Water and Sewer Advisory Board meeting and notice of their September 7, 2004 meeting.
7. Minutes from the July 20, 2004 Board of Zoning Appeals meeting.
Motion and second to receive and file all communications tendered to the Clerk. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADMINISTRATIVE REPORTS:
Mayor Middleton: announced that the Blue Ribbon Review Committee will hold their first meeting tomorrow evening; announced an ODOT meeting tomorrow at 1:30 to discuss the Rt. 62 extension.
Safety Service Director Blaser: reviewed Ordinances 125-04 and 126-04.
Law Director Zumbar: reviewed Ordinance 126-04; liquor license for FOE has been approved; the Dawson liquor license hearing will be held on September 15, 2004.
Auditor Zumbar: reviewed ordinance 125-04; reviewed the note of payment schedule.
STANDING COMMITTEE REPORTS:
Safety and Judiciary: Andreani: absent- no report
Properties and Lands: Combs: no report
Community Development: Phillips: discussed the Hospital’s eminent domain ordinance.
Streets and Alleys: Pope: no report
Utilities: Rhome: no report
Planning, Zoning & Housing: Schwarz: reviewed the August 12, 2004 Planning, Zoning and Housing Committee meeting.
Finance: Weaver: no report
Mr. Banks of Butler-Wick was introduced and reviewed Ordinances 114-04 through 119-04.
PUBLIC SPEAKS: none
THIRD READINGS:
Ordinance 103-04: introduced by Weaver/ Schwarz: an Ordinance authorizing and directing the Safety Service Director to retain the law firm of ___________________ to provide legal services in relation to the eminent domain process; and declaring an emergency. Motion and second to insert the law firm of Black, McCuskey and Souers: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Resolution 104-04: introduced by Schwarz: a Resolution of intent to appropriate fee simple interests in certain real estate; and declaring an emergency.
Ordinance 106-04: introduced by Weaver: an Ordinance adopting Alliance Codified Ordinances Section 195, et seq. “Transient Occupancy Tax”; and declaring an emergency.
SECOND READINGS:
Ordinance 114-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $740,000 for the purpose of improving Main Street from Union Avenue to Liberty Avenue by installing electric lighting and traffic control devices, constructing water mains and sanitary sewers, replacing, reconstructing and installing curbs and gutters and relocating overhead utilities, together with all necessary appurtenances; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
Ordinance 115-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $360,000 to pay the costs of acquiring a fire truck, together with all necessary equipment and appurtenances related thereto; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
Ordinance 116-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $1,300,000 to pay costs of improving and extending the City’s sanitary sewerage system by acquiring and constructing the Beech Creek sewer extension, together with all necessary appurtenances and related improvements and the acquisition of any real estate or interest therein as may be required therefore; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
Ordinance 117-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $775,000 to pay the costs of extending West Main Street from freshly Avenue to Sawburg Avenue by grading, paving, draining, constructing sanitary and storm sewers and waterlines, installing curbs, gutters, roadway culverts, and widening and otherwise improving Freshley Avenue from State Street to its intersection with the Norfolk Southern railroad right-of-way by grading, paving, installing curbs and gutters, reconstructing driveway approaches and constructing storm sewers, together in each case with all necessary appurtenances and related improvements and the acquisition of any real estate or interest therein that may be required therefore; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
Ordinance 118-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $550,000 for the purpose of paying costs of acquiring real estate and interests in real estate in order to permit the widening of West State Street from a point approximately 100 feet west of Freshley Avenue to a point approximately 100 feet east of South Western Avenue, including engineering costs associated with such acquisition; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
Ordinance 119-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $2,650,000 for the purpose of refunding at a lower interest cost the City’s outstanding sewerage system revenue refunding bonds, series 1994 and providing for the defeasance of those bonds; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
NEW BUSINESS:
Ordinance 120-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lots 6119 and 6126 located on West Vine 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 121-04: introduced by Schwarz: an Ordinance accepting and approving the replat of part of outlot 446, lot 11091 and part of lot 11092 located on East State Street in the City of Alliance, County of Stark and State of Ohio, and declaring an emergency. Motion and second to refer to Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Ordinance 122-04: introduced by Schwarz: an Ordinance accepting and approving the replat of outlots 347, 443, and 605, part of outlots 233 and 235, and lot 12053 located on South Rockhill Avenue 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 123-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lots 12090 through 12093, 12116, 12250 and part of a vacated street located on South Union Avenue 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 124-04: introduced by Pope: an Ordinance vacating part of a 20 foot north south alley located between Freedom Avenue and Linden Avenue in the City of Alliance. Motion and second to refer to Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Ordinance 125-04: introduced by Weaver: an Ordinance making appropriations and transfers of funds in the 2004 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 126-04: introduced by Schwarz: an Ordinance amending Chapter 1741 of the Alliance Codified Ordinances “Weeds” in its entirety.
OLD BUSINESS:
Ordinance 99-04: introduced by Pope: an Ordinance vacating part of Aultman Avenue south of West State Street, part of a 15 foot north south alley south of West State Street, and part of a 15 foot east west alley west of Clark Avenue in the City of Alliance. Motion and second to adopt: Roll Call: Unanimous: ADOPTED
Ordinance 100-04: introduced by Schwarz: an Ordinance accepting and approving the replat of part of outlot 290, all of lots 147, 148, 207 through 210, 370, 371, 4798, 4799, 10934, 10935, 12345 through 12349, part of a vacated street, part of vacated Aultman Avenue, and parts of two vacated alleys located on West State Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:07 p.m.
SUMMARY OF ACTIONS TAKEN:
Ordinance 99-04 ADOPTED
Ordinance 100-04 ADOPTED
Ordinance 103-04 NO ACTION
Ordinance 104-04 NO ACTION
Ordinance 106-04 NO ACTION
Ordinance 114-04 NO ACTION
Ordinance 115-04 NO ACTION
Ordinance 116-04 NO ACTION
Ordinance 117-04 NO ACTION
Ordinance 118-04 NO ACTION
Ordinance 119-04 NO ACTION
Ordinance 120-04 REFERRED TO PLANNING COMMISSION
Ordinance 121-04 REFERRED TO PLANNING COMMISSION
Ordinance 122-04 REFERRED TO PLANNING COMMISSION
Ordinance 123-04 REFERRED TO PLANNING COMMISSION
Ordinance 124-04 REFERRED TO PLANNING COMMISSION
Ordinance 125-04 ADOPTED
Ordinance 126-04 NO ACTION
_________________________________________ ___________________________________
JOHN BENINCASA, PRESIDENT OF COUNCIL R. MARK LOCKE, COUNCIL CLERK