Alliance City Council

MINUTES OF THE SEPTEMBER 20, 2004

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

The meeting was called to order by President Pro-tem Schwarz at 7:00 p.m. Councilman Weaver 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. Motion and second to excuse Benincasa: PASSED BY ACCLAMATION OF ALL MEMBERS.

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

COMMUNICATIONS:

1. Letter from Stark County Safe Kids Coalition to Mayor Middleton dated August 30, 2004. Re: International Walk to School Day.

2. Minutes from the September 7, 2004 Water Sewer Advisory Board meeting and notice of their October 4, 2004 meeting.

3. Minutes from the August 17, 2004 Board of Zoning Appeals meeting and agenda for their September 21, 2004 meeting.

4. Notice of the 2003 Post Audit meeting on September 30, 2004 at 10:00 A.M. in the second floor conference room of the Administration Building.

5. Operational Budget, General Funds Revenue Report and the Income Tax Comparative Recompilation as of August 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 Ordinances 133-04, 134-04 and 137-04.

Law Director Zumbar: the Dawson liquor license hearing has been continued.

Auditor Zumbar: no report

STANDING COMMITTEE REPORTS:

Safety and Judiciary: Andreani: no report

Properties and Lands: Combs: no report

Community Development: Phillips: no report.

Streets and Alleys: Pope: no report

Utilities: Rhome: no report

Planning, Zoning & Housing: Schwarz: no report

Finance: Weaver: no report

PUBLIC SPEAKS: none

THIRD READINGS:

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 adopt: Roll Call: Unanimous: ADOPTED

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 adopt: Roll Call: Unanimous: ADOPTED

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 adopt: Roll Call: Unanimous: ADOPTED

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.

Ordinance 126-04: introduced by Schwarz: an Ordinance amending Chapter 1741 of the Alliance Codified Ordinances “Weeds” in its entirety. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

SECOND READINGS:

Ordinance 127-04: introduced by Weaver: an Ordinance authorizing the Director of Public Safety and Service to advertise for bids and enter into contracts for the purchase of various supplies for the year 2005 to include options to renew where practical, or to accept existing options to renew.

NEW BUSINESS:

Ordinance 133-04: 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 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. Motion and second to refer to Planning, Zoning and Housing Committee: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Resolution 135-04: introduced by Council as a Whole: a Resolution for the establishment of a Stark County Interagency Council on Homelessness and declaring an emergency. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 136-04: introduced by Phillips: an Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract for professional services regarding CDBG funds to complete the five year consolidated plan for the City of Alliance in an amount not to exceed $34,500.00 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 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. Motion and second to schedule a Public Hearing on November 1, 2004 at 7:25 P.M. in Council Chambers: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

OLD BUSINESS:

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. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

PUBLIC HEARING: 7:25 p.m. Ordinance 128-04: President Pro-tem Schwarz 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 7:27 P.M.

Ordinance 128-04: introduced by Weaver/ Andreani: an Ordinance authorizing and directing the Mayor and Director of Public Safety and Service to apply for, receive, and expend a Local Law Enforcement Block Grant for fiscal year 2004; 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

PUBLIC HEARING: 7:30 p.m. Ordinance 124-04: President Pro-tem Schwarz 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 7:32 P.M.

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 adopt: Roll Call: Unanimous: ADOPTED

ADJOURNMENT: Noting no further business to come before this Council, President Pro-tem Schwarz adjourned the meeting at 7:33 p.m.

SUMMARY OF ACTIONS TAKEN:

Ordinance 83-04 ADOPTED

Ordinance 120-04 ADOPTED

Ordinance 122-04 ADOPTED

Ordinance 123-04 ADOPTED

Ordinance 124-04 ADOPTED

Ordinance 126-04 ADOPTED

Ordinance 127-04 NO ACTION

Ordinance 128-04 ADOPTED

Ordinance 133-04 ADOPTED

Ordinance 134-04 REFERRED TO P, Z & H COMMITTEE

Ordinance 135-04 ADOPTED

Ordinance 136-04 ADOPTED

Ordinance 137-04 NO ACTION

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DOUG SCHWARZ, PRESIDENT PRO-TEM R. MARK LOCKE, COUNCIL CLERK