MINUTES OF THE OCTOBER 18, 2004
REGULAR MEETING OF THE ALLIANCE CITY COUNCIL
The meeting was called to order by President Benincasa at 7:00 p.m. Councilman Combs 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 October 4, 2004 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
COMMUNICATIONS:
1. Water and Sewer Department Financial Report for September 2004.
2. Memorandum from State Representative John Boccieri dated October 5, 2004. Re: Flood Devastation and recovery.
3. Liquor Permit application from Ohio Springs Inc., DBA Sheetz Convenience Store, 110-112 W. State Street, Alliance, indicating the necessity for Council to respond to indicate whether or not they request a hearing on or before 11/01/04.
4. Application for transfer of liquor license from MACS Convenience Stores Inc., DBA Dairy Mart 5391, 455 E. State Street, Alliance to Mahul Enterprises Inc., DBA Dairy Mart 5391, 455 E. State Street, Alliance, indicating the necessity for Council to respond to indicate whether or not they request a hearing on or before 11/4/04.
5. Letter from Robert R. Hunter, Jr., Assistant Law Director to Ohio Department of Commerce, Division of Liquor Control dated October 6, 2004. Re: City of Alliance Withdrawal of objection for the Union Grounds liquor permit.
6. Minutes from the September 21, 2004 Board of Zoning Appeals meeting and agenda for their October 19, 2004 meeting.
7. Application for transfer of liquor license from George Zamagias, DBA Crystal Lounge, 321 E. Main Street, Alliance to Michael J. Zamagias, DBA Crystal Lounge, 321 E. Main Street, Alliance, indicating the necessity for Council to respond to indicate whether or not they request a hearing on or before 11/8/04.
8. Letter from Ohio Department of Commerce, Division of Liquor Control to Lane Witte dated October 6, 2004. Re: Informing Mr. Witte that Alliance has withdrawn its objection for the liquor permit for Union Grounds.
9. Operational Budget and General Fund Revenue Report as of September 30, 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 Ordinances 151-04, 152-04 and 153-04.
Law Director Zumbar: announced that the hearing for the Dawson liquor license will be November 17, 2004; reviewed an amendment to Ordinance 106-04.
Auditor Zumbar: the City received an unqualified opinion for it’s 2003 audit; reviewed Ordinances 151-04 and 155-04.
STANDING COMMITTEE REPORTS:
Safety and Judiciary: Andreani: motion and second to not request a hearing for the Sheetz Convenience Store, Dairy Mart and Crystal Lounge liquor permits: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Properties and Lands: Combs: no report
Community Development: Phillips: no report.
Streets and Alleys: Pope: reported that State Street paving is nearing completion and the paving on Union Avenue and Arch Avenue may be postponed until next year; introduced Clerk Kevin Ward who reviewed Ordinance 150-04.
Utilities: Rhome: no report
Planning, Zoning & Housing: Schwarz: motion and second to hold a Public Hearing on Ordinance 134-04 on November 1, 2004 at 7:30 p.m.: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Finance: Weaver: gave an update on the progress of the Blue Ribbon Committee; reviewed Ordinance 155-04.
PUBLIC SPEAKS: Neil Eft, 1001 W. Milton Street, Alliance Re: lack of action by City on request to correct problem with drainage at Rockhill School. Law Director Zumbar addressed the concerns.
THIRD READINGS:
Ordinance 134-04: introduced by Schwarz: an Ordinance amending Alliance Codified Ordinance Chapter 1361 Ohio Building Officials Association (OBOA) one, two and three family dwelling code to change from the OBOA one, two and three family dwelling Code, 1993 Edition to the 2003 Residential Construction Code of Ohio for the regulation of residential construction in the City of Alliance; repealing all inconsistent ordinances; and declaring an emergency.
Ordinance 137-04: introduced by Schwarz: an Ordinance to amend the Zoning Map of the City of Alliance by changing part of the area located between West State Street and Chestnut Street and Miller Avenue and Clark Avenue from College District © to General Business District (B-2) under the Alliance City Zoning Ordinance.
SECOND READINGS:
Ordinance 141-04: introduced by Schwarz: an Ordinance accepting and approving the replat of part of outlot 530 located on West State Street in the City of Alliance, County of Stark and State of Ohio.
Ordinance 142-04: introduced by Pope: an Ordinance vacating part of Rush Avenue, part of a 30 foot alley, and all of a 15 foot alley south of Noble Street in the City of Alliance.
Ordinance 143-04: introduced by Schwarz: an Ordinance accepting and approving the replat of all of lots 342 through 348, part of lot 349, all of lot 456 and all of two vacated alleys located south of Rush Avenue and Noble Street in the City of Alliance, County of Stark and State of Ohio.
NEW BUSINESS:
Ordinance 146-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lots 894, 897, 906 through 908, 913, 1448, 1449, 8403, 8430, 11187 and part of outlot 211 located on East Broadway Street in the City of Alliance, County of Stark and State of Ohio.).
Ordinance 147-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lots 9052 through 9054 located on West Vine Street at Parkside Avenue in the City of Alliance, County of Stark and State of Ohio 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 148-04: introduced by Pope: an Ordinance vacating a 10 foot alley east of McKinley Avenue and south of Summit Street in the City of Alliance and declaring an emergency. Motion and second to hold a Public Hearing on Ordinance 148-04 on November 1, 2004 at 7:35 p.m.: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Ordinance 149-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lot 5897, part of lot 5085 and a 10 foot vacated alley located on Summit Street in the City of Alliance, County of Stark and State of Ohio and declaring an emergency.
Ordinance 150-04: introduced by Pope/ Weaver/ Combs: an Ordinance authorizing and directing an expenditure of $4,000 for Students against Destructive Decisions Chapter of Marlington Local School District Education Campaign to benefit students and school children in the City of Alliance/ Marlington Local School District; 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 151-04: 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 152-04: introduced by Andreani/ Weaver: an Ordinance authorizing and directing the Director of Public Safety and Service to accept a grant from Wal-Mart for the purchase of emergency equipment and materials for the Alliance Fire 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 153-04: introduced by Andreani/ Weaver: an Ordinance authorizing and directing the Director of Public Safety and Service to accept a grant from Public Utilities Commission of Ohio for a Hazardous Materials Incident Command Training Course from Cleveland State University for Fire Department personnel; 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 154-04: introduced by Schwarz: an Ordinance to amend the Zoning Map of the City of Alliance by rezoning outlot 620 from General Business (B-2) to Light Industrial (I-1) under the Alliance City Zoning Ordinance; and declaring an emergency. Motion and second to refer to Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Resolution 155-04: introduced by Weaver: a Resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension
OLD BUSINESS:
Ordinance 106-04: introduced by Weaver: an Ordinance adopting Alliance Codified Ordinances Section 195, et seq. “Transient Occupancy Tax”; and declaring an emergency. Motion and second to amend by adding Section 195.05 (c): MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Motion and second to adopt: Roll Call: 6-1 (Pope): ADOPTED
ADJOURNMENT: Noting no further business to come before this Council, President Pro-tem Schwarz adjourned the meeting at 7:59 p.m.
SUMMARY OF ACTIONS TAKEN:
Ordinance 106-04 ADOPTED
Ordinance 134-04 Public Hearing November 1, 2004 @ 7:30 p.m.
Ordinance 137-04 NO ACTION
Ordinance 141-04 NO ACTION
Ordinance 142-04 NO ACTION
Ordinance 143-04 NO ACTION
Ordinance 146-04 NO ACTION
Ordinance 147-04 ADOPTED
Ordinance 148-04 Public Hearing November 1, 2004 @ 7:35 p.m.
Ordinance 149-04 NO ACTION
Ordinance 150-04 ADOPTED
Ordinance 151-04 ADOPTED
Ordinance 152-04 ADOPTED
Ordinance 153-04 ADOPTED
Ordinance 154-04 REFERRED TO PLANNING COMMISSION
Ordinance 155-04 SUSPENDED RULES
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JOHN BENINCASA, PRESIDENT R. MARK LOCKE, COUNCIL CLERK