MINUTES OF THE JUNE 21, 2004

   REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

The meeting was called to order by President Benincasa at 7:00 p.m.  Councilman Schwarz gave the invocation and led the meeting in the Pledge of Allegiance.

ROLL CALL:  Alan Andreani, Cody Combs, Phyllis Phillips, Randy Pope, Roger Rhome, Doug Schwarz and Jack Weaver present.

MINUTES: Motion & second to receive and file the minutes of the June 7, 2004 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

1.        Minutes from the June 7, 2004 Water Sewer Advisory Board meeting and notice of their July 6, 2004 meeting.

2.        Ohio Municipal League Legislative Bulletin #13 dated June 4, 2004.

3.        Minutes from the May 18, 2004 Board of Zoning Appeals meeting and agenda for their June 15, 2004 meeting.

4.        Request for additional amended certificate to Brant Luther, Stark County Auditor dated June 17, 2004.

5.        Operational Budget as of May 31, 2004.

Motion and second to receive and file all communications tendered to the Clerk.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

ADMINISTRATIVE REPORTS:

Mayor Middleton: no report.

Safety Service Director Blaser: reviewed Ordinance 95-04.

Law Director Zumbar: reviewed Ordinance 96-04; reviewed the Hospital’s Phase II eminent domain procedure.

Auditor Zumbar: reviewed Ordinances 91-04, 92-04, 93-04 and 94-04.

STANDING COMMITTEE REPORTS:

Safety and Judiciary: Andreani:  no report

Properties and Lands: Combs: reviewed the Properties and Lands Committee meeting. Motion and second to receive and file the minutes from the meeting: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Community Development: Phillips: no report

Streets and Alleys: Pope: no report

Utilities: Rhome: no report

Planning, Zoning & Housing: Schwarz: asked for action tonight on Ordinances 78-04, 79-04, 81-04 and 82-04; reminded Council members of the July 8^th Public Forum at the Firehouse Theater concerning the Land Use Plan.

Finance: Weaver: announced a July 16, 2004 meeting of the Finance Committee.

PUBLIC SPEAKS: Neil Eft, 1001 W. Milton St., Alliance- drainage problems behind Rockhill School.

Vickie Andrie, 821 Ohio St., Alliance- FOE 2174 Eagles Liquor Permit.

PUBLIC HEARING: 7:30 p.m. Ordinance 70-04: President Benincasa made three (3) calls for all those wishing to speak in favor of the Ordinance.  Upon observing no response by any to speak in favor of the Ordinance, President Benincasa made three (3) calls for all those wishing to speak in opposition to the Ordinance.  Upon observing no response by any to speak in opposition to the Ordinance, President Benincasa declared the public hearing closed at 7:34 P.M.

Special Report: Jane Vignos, Stark County Commissioner reviewed the County wide natural gas aggregation program.

THIRD READINGS:

Ordinance 78-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lot 8690 and part of lot 8689 located on Shunk Avenue in the City of Alliance, County of Stark and State of Ohio and declaring an emergency. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 79-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lots 11908 through 11915, 11844 through 11849 and 11842 located on Elmside Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 80-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lots 1571 and 1572 located at the corner of Elm Street and Front Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 81-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lots 1307 and 1308 located on South Liberty Avenue in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 82-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lots 5077, 5078, 10824, 10825 and 11795 located on McGrath Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 83-04: introduced by Schwarz: an Ordinance accepting and approving the replat of part of outlots 195, 196, 241 and 242 located on the east side of South Union Avenue at Overlook Drive in the City of Alliance, County of Stark and State of Ohio.

SECOND READINGS:

                Ordinance 88-04: introduced by Weaver: an Ordinance determining that the City of Alliance has items of     personal property which are not needed for municipal purposes which exceed $1,000.00 in estimated                value, authorizing the sale of such personal property by written contract to the highest and best bidder at   public sale by the Director of Public Safety and Service and including in said public sale, personal            property as designated by the Alliance Board of Park Commissioners and Alliance City Board of Health.       

NEW BUSINESS:

                Ordinance 91-04: introduced by Weaver: an Ordinance concerning the refinancing of outstanding City         indebtedness, the potential financing of additional capital improvements, and the retention of legal and           financial structuring and underwriting services in connection therewith, 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 92-04: introduced by Weaver/ Combs: an Ordinance authorizing and directing the City of             Alliance to assure liability insurance coverage and establish income and expense codes for the use of a           Castle Bouncer donated     to the Alliance Department of Parks and Recreation for fund raising    activities; 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 93-04: introduced by Weaver: a Resolution to submit to the electors of the City of Alliance          at the next regular municipal election to be held on November 2, 2004, the question of whether or      not          the City of Alliance shall continue after December 31, 2004 to tax an S-Corporation’s shareholder’s         distributive share of net profits of the S-Corporation to the extent the distributive share would be                allocated or apportioned to the State under Division (B)(1) and (2) of Section 5733.05 of the Revised                 Code if the S-Corporation were a corporation subject to taxes imposed under Chapter 5733 of the     revised Code and declaring an emergency.

                Resolution 94-04: introduced by Weaver:  a Resolution providing for the Annual Budget for 2005. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. 

                Ordinance 95-04: introduced by Rhome/ Weaver: an ordinance authorizing and directing the Director of Public Safety and Service to advertise for bids and enter into a contract for the purpose of purchasing three emergency generators for installation at City Water and Sewage Pumping Stations for a cost not to exceed $60,000; and declaring an emergency.

                Ordinance 96-04: introduced by Andreani: an Ordinance amending Alliance Codified Ordinances Section 513.03(c)(2) “Drug Abuse; Controlled Substance Possession or Use”; 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:

                Ordinance 70-04: introduced by Schwarz: an Ordinance to amend the Zoning Map of the City of Alliance by changing parts of outlots 195, 241 through 245, and outlot 661 located in the 1300 to 1500 blocks of the east side of South Union Avenue from Two Family Residence District (R-2) and Neighborhood Business District (B-1) to College District (C) under the Alliance City Zoning Ordinance. 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 7:55 p.m.

SUMMARY OF ACTIONS TAKEN:

                Ordinance 78-04                 ADOPTED

                Ordinance 79-04                 ADOPTED

                Ordinance 80-04                 ADOPTED

                Ordinance 81-04                 ADOPTED

                Ordinance 82-04                 ADOPTED           

                Ordinance 83-04                 NO ACTION

                Ordinance 88-04                 NO ACTION

              Ordinance 91-04                   ADOPTED

                Ordinance 92-04                 ADOPTED

                Resolution 93-04                 NO ACTION

                Resolution 94-04                 SUSPEND RULES              

                Ordinance 95-04                 NO ACTION       

                Ordinance 96-04                 ADOPTED

                Ordinance 70-04                 ADOPTED

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JOHN BENINCASA, PRESIDENT OF COUNCIL                                       R. MARK LOCKE, COUNCIL CLERK