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MINUTES OF A REGULAR MEETING OF THE COUNCIL

OF THE CITY OF EATON, OHIO HELD IN COUNCIL CHAMBERS

OF THE MUNICIPAL BUILDING, AT 7:30 P.M., ON MONDAY, APRIL 7, 2003

Mayor Robert Stonecash called the regular meeting of the Council of the City of Eaton, Ohio, to order at 7:00 p.m., on Monday, April 7, 2003. Councilman Dave Kirsch delivered the invocation and led the pledge to the flag. The Deputy Clerk called the roll and found the following to be:

Present: Mayor Robert Stonecash

                Mr. Robert Ball

                Mr. Lawrence Petry

                Mr. Joseph Renner

                Mr. David Kirsch

Absent: None

City Manager Dave Daily was also in attendance.

Councilman Ball moved to approve the minutes of the March 17, and March 27, 2003 meetings and to acknowledge receipt of the March, 2003 financial reports. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Stonecash, Ball*, Petry, Renner, Kirsch (5)

Nays: None (0)

*Councilman Ball abstained on the vote for approval of the March 27, 2003 minutes.

Brad Kramer represented MK Development, along with owner Mike Watkins, in the request for final plat approval for the Rolling Hills Subdivision, Section 3. This section consists of 9.016 acres. The plat has been reviewed by staff and the Planning Board. Planning Board made a favorable recommendation for the final plat approval of Rolling Hills Subdivision, Section 3. The Law Director informed Council the Subdivision Agreement has been executed.

Councilman Kirsch moved for the first reading of Ordinance 03-10, by title only. Councilman Ball seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-10, by title only.

Andrew Conley, agent for Paul DePalma, applied for a zoning amendment for the approximately 28 acre tract located on Park Avenue. The request is to rezone the land from 'A' Agricultural to 'R-1A' Single Family Residential. Planning Board, at their February 11, 2003 meeting, voted 7-0 to make a negative recommendation on this request. Engineer Steve Pope was in attendance to represent the applicant and the property owner. He stated that any change in land use within an existing community is not easy. He further stated that the proposed layout of this parcel was conceptual, any particular details could be changed, such as the accesses could be re-designed and some of the land could be dedicated to the City for park land. His client is willing to work with the City on this project.

Councilman Kirsch moved for the second reading of Ordinance 03-05 by title only. Councilman Ball seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Kirsch (3)

Nays: Petry, Renner (2)

Law Director Donnette Fisher read Ordinance 03-05, by title only.

Finding that there is no manifest error on the City's zoning map, no substantial change in the area, no legitimate requirement for additional land with this zoning designation and, while there are single family homes on one side of this parcel, the other neighboring parcel remains farm ground, Councilman Renner moved to deny Ordinance 03-05. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Councilman Kirsch stated that his main objection was for the additional traffic.

Planning Board initiated this proposed amendment to Sections 1169.02, 1169.03, 1169.06, 1169.07 and 1169.09 of the Zoning Code, all regarding signs. Planning Board, at their March 11, 2003 meeting, voted 4-1 for a favorable recommendation on these changes.

Councilman Kirsch moved for the second reading of Ordinance 03-06, by title only. Councilman Ball seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Kirsch (3)

Nays: Petry, Renner (2)

Law Director Donnette Fisher read the title of Ordinance 03-06.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Kirsch moved to adopt Ordinance 03-06. The motion was seconded by Councilman Ball and passed as follows:

Ayes: Stonecash, Ball, Kirsch (3)

Nays: Petry, Renner (2)

Planning Board initiated this proposed amendment to Sections 1153.05 and 1155.05 of the Zoning Code, regarding outdoor storage. Planning Board, at their March 11, 2003 meeting, voted 5-0 for a favorable recommendation on these changes.

Councilman Kirsch moved for the second reading of Ordinance 03-07, by title only. Councilman Renner seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Law Director Donnette Fisher read the title of Ordinance 03-07.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Renner moved to adopt Ordinance 03-07. The motion was seconded by Councilman Ball and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Over the past several months, the City's Comprehensive Development Plan has been undergoing revision in its entirety with the assistance of Miami Valley Regional Planning Commission, Planning Board, a committee appointed for this purpose, and staff. Planning Board, at their March 11, 2003 meeting, favorably recommended that Council adopt the completed, revised Comprehensive Development Plan.

Councilman Renner moved for the second reading of Ordinance 03-08, by title only. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-08, by title only.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Renner moved to adopt Ordinance 03-08. The motion was seconded by Councilman Ball and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

The City will be applying for its FY2003 CDBG grant. The proposed project is to mill and pave West Chicago Street. In 2002, the CDBG money helped to fund re-lining the sanitary sewer on Chicago Street; this year, with the FY2002 CDBG money, a water line upgrade will be completed and next year the street will be repaved. This resolution authorizes the FY2003 CDBG application to be submitted.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Renner to adopt Resolution 03-15. The motion seconded by Councilman Kirsch and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Each year, the City advertises for bids for supplying the City's rock salt needs for the winter season. This resolution authorizes the City Manager to advertise for rock salt.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Renner moved for the adoption of Resolution 03-16. The motion was seconded by Councilman Ball and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Mr. Daily detailed some of the areas considered for this year's annual paving program. They include: Lutheran Drive, Cheryl Court, Sunrise Circle and Washington Street along with parts of Division, Decatur, High, Bruce, Eidson and Monfort Streets. A total of $125,000 has been budgeted for this project. Encouraging the local contractors to bid on this project as well as the competitive bidding process was discussed. This resolution authorizes the City Manager to advertise for bids for this year’s paving project.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Kirsch moved to adopt Resolution 03-17. The motion was passed by Councilman Renner and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

The EMS Division continues with its vehicle replacement schedule as Unit 203, a 1998 model, needs replaced as overall runs are projected to increase. With no hospital located in the County, it is typical for a removal to be a 40 to 60 mile round trip to the various facilities. Chief Stonecash stated medium-duty unit specifications are being considered. It is believed that, while these units cost more to purchase, there would be less downtime due to repairs. Also, it is projected that a longer term replacement schedule could be followed at approximately five to six years. If a medium-duty unit is chosen, Squad funds will be utilized to pay the difference between the $125,000 which is budgeted and the net cost of the unit. Comparisons will be made between competitive bidding as well as the state purchase prices, with some consideration being given to turn-around time. This resolution authorizes the City Manager to advertise for bids for a new ambulance.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Kirsch moved to adopt Resolution 03-18. The motion was seconded by Councilman Renner and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

A settlement agreement has been prepared by Law Director Donnette Fisher and Deerco Group Attorney Matt Gottschall and distributed to Council. Mr. Gottschall and Romadoor LLC representative, Kent Garber, are in attendance. Mr. Gottschall stated that the agreement meets Council's requests. This resolution authorizes the City Manager to enter into this agreement with Deerco Group. Law Director Donnette Fisher added that this agreement puts the necessary restrictions in place along with the ability to enforce them for the development of this land and of the occupancy of the various units. If a deed to the land would be transferred to the Romadoor LLC group, all restrictions would be binding upon them as well. It had been investigated if Mayor Stonecash could vote on this issue as his home property adjoins this land. Law Director Donnette Fisher contacted the Ohio Ethics Commission and confirmed that Mayor Stonecash could vote on this authorization with the approval of the City's Law Director. Following her analysis of this matter, Law Director Donnette Fisher did affirm this approval. Councilman Renner inquired as to the reasoning for this being a resolution not an ordinance, which is of a permanent nature as he believes this agreement will overturn the will of the voters. The Law Director explained that this is a settlement agreement which is a contract. Contracts for the City are executed by the City Manager and are authorized by Council by a resolution. The Law Director reminded Council that while this agreement does not rezone the land--it will remain 'R-1A' Single Family Residential.–it does recognize that the owner has vested rights to continue the use which was already underway. Further, it requires the developer to target the housing requirements for the 55 and older age group which is a needed type of housing for the City.

Councilman Petry believes adopting this resolution is an abuse of Council's authority by offsetting the election and is not a proper procedure. Councilman Renner agreed. Council may have the authority to adopt this resolution, but not the right to overturn that vote. As the zoning code is scheduled to be revised, Councilman Renner believes that there will be a zoning designation which will provide for this type of development, allowing this developer to utilize that option. Councilman Petry reiterated that he believed this action to be improper.

Councilman Kirsch noted that the plan for this property had been previously approved, then the downsized plan approved. The initiative petition was brought about due to concerns with Deerco Group. By that time, Deerco Group had already constructed the roadway, water, sewer and three units; the voters took away his right to complete the project. The City is in need of this type of housing development and it would seem that, with this agreement, a win-win situation would be apparent. There are new investors willing to work within the proposed agreement. The value of the vote is very much appreciated, but it has been shown that the owner does have vested rights to finish the development. The option of going to court, spending additional tax dollars on a suit because of personal agendas, as with the vote in 2000, did not seem to be a good one.

Mayor Stonecash spoke with Preble County Council on Aging Director Alice McMann who confirmed the proposed housing development is very much needed and this would seem to be the best situation for all parties. Mayor Stonecash thanked Law Director Donnette Fisher for all the effort in getting both parties to this point. Councilman Renner concurred that this was a good project on paper, but when Council rises to be better than the voters, there is a problem.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Kirsch moved to adopt Resolution 03-19. The motion was seconded by Councilman Ball. The motion passed as follows:

Ayes: Stonecash, Ball, Kirsch (3)

Nays: Petry, Renner (2)

a. Mayor Stonecash commended the Fire Division for their action at a structure fire in the Romadoor area over the weekend.

a. Dean Genth has resigned his position on the Preble County General Health District Board. At last week’s General Health District meeting, Mayor Stonecash nominated George Henry, who will consent to serve. For the record, Councilman Kirsch moved to name George Henry to the vacated seat on the Preble County Health Board. Councilman Renner seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

b. The Preble County Commissioners have advised there are two vacancies on the Mental Health and Recovery Board. Council's recommendations for potential candidates for these seats should be brought back to the April 21st meeting as there is an April 30 deadline.

OLD BUSINESS

a. The City’s downtown parking lot on the corner of Barron and Somers Street was discussed. Jerry Clark, a downtown property owner, wished to address Council on his plans for developing his business located in the 100 block of North Barren Street and his concern for parking space for customers. He would like the parking to be limited to a one or two hour limit at this lot as currently there is unlimited parking time. Council agreed to re-evaluate the parking situation in this area as Mr. Clark’s business is developed.

City Manager Dave Daily had spoken with David Biggs, who oversees the adjoining parking lot at that location, which is owned by his mother-in-law, Nancy Sliver, who lives in Tennessee. It was proposed to take measures to split the lots into two distinct parking lots. By doing this, the City’s lot will lose some parking space and Mr. Biggs’ access would be restricted. Mr. Biggs agreed to reimburse the City for the sealing work that was completed in 2002 and to complete any regular maintenance for this lot, such as snow removal so that the lots may remain as they are currently configured. Law Director Donnette Fisher will prepare an agreement between the City and the parking lot property owner to be executed to allow for this lot to remain as it is being used currently.

b. The improvements set for the Hillcrest Drive/State Route 732 and Camden Road in preparation for the construction of several new facilities in that area were discussed. Agreements are being executed between the City, County and the various owners. The question of right-hand turn lanes on both Hillcrest Drive and Camden Road were discussed. While ODOT criteria would not require these turn lanes, for the safety of motorists and buses, Council unanimously agreed that these turn-lanes needed to be installed on Hillcrest Drive. Further, Council agreed to recommend these right-hand turn lanes off of Camden Road to the County Engineer Steve Simmons, if it is not already his plans to require this improvement.

c. The landfill issue was discussed. Council passed Ordinance 03-09 at their March 17, 2003 meeting, outlining the City’s desire for contract waste hauling. One of the requirements the County has placed on this issue is that all the villages and the City must 100% agree on the County’s ‘fifth and final’ version of legislation which is all they will accept on this matter from all political subdivisions. This version is not acceptable to most of the villages or the City. The City’s Law Director prepared an ordinance that was based on the County’s ‘fifth and final’ along with some of specific points that the City, and the villages, could adopt, City of Eaton’s Ordinance 03-09. A letter was received from the Commissioners containing an analysis of the ‘Eaton ordinance’ in which many objections were noted. Further, the Commissioners stated that the various villages and the City were not working in good faith to resolve this issue and demonstrated poor communication with County offices. In December, 2002, a committee comprised of several City, County and Village officials was formed in response to the landfill lease being proposed. This committee worked diligently in good faith and with as much communication as was possible with the Commissioners, the County Prosecutor’s Office and the various village and City officials and their solicitors. Deadlines for acceptance of the County’s ‘fifth and final’ legislation have been extended to allow for further compliance to the Commissioners’ requirements. An April 10, 2003 deadline was announced that, if the solicitors did not call the Prosecutor’s Office by 4:30 p.m. that day to have the fifth and final resolution explained to them, it would be assumed that the specific political subdivision did not desire county-wide hauling. Prior to this latest deadline being issued and recognizing the need to bring all parties together in an attempt to reach a compromise, City Law Director Donnette Fisher began organizing a meeting for Friday, April 11, at the City Building. Village mayors and their solicitors, as well as the Prosecutor’s Office and the Commissioners, were being invited to this meeting in a step to resolve this issue. The County’s deadline was amended to April 16, 2003. Believing the contrary to be true of the County’s allegations of attempted or failed negotiations in this matter, Council adamantly supports any and all the efforts made by City Law Director Donnette Fisher in attempt to bring this issue to the desired resolve.

d. Councilman Renner commended the City Manager and Mayor Stonecash in a recent meeting with the Gasper Township Trustees regarding fire and squad contracts.

Washington Township Trustee Glen Smith asked if Council was aware of the racquetball/indoor soccer facility being proposed on Camden Road, south of Route 732, on the 9 acres just outside the City limits plus 2 acres in the City. The City had some discussion with the proposed developer, provided some information to them and have not heard any further from them. A pre-annexation agreement was not executed. There was some discussion regarding Senate Bill 5's requirement that either all of the roadway or none of the roadway be taken as part of any annexation in that area. It was believed that a rezoning case to designate the county portion of this land to a business-type designation will be heard in the near future by the County.

Councilman Renner moved to adjourn to executive session for the purpose of discussing matters of litigation and land acquisition matters with the City's Law Director who was present. Council also invited City Manager Dave Daily, Finance Director Leslie Renner, City Engineer Doug Spitler. Councilman Ball seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Following Executive Session, Mayor Stonecash stated that no action had been taken. Councilman Renner moved to come out of executive session. Councilman Ball seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Acquisition of property adjoining the City's existing Black Water Plant just off of Route 35 East, owned by Geraldine Ware Morrow, was discussed. Negotiations had continued with no likely settlement. As it is a vital need in providing future water supply to the City, Ordinance 03-11 directs the Law Director to proceed with an appropriation for this purpose.

Councilman Renner moved for the first reading, by title only, of Ordinance 03-11. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-11, by title only.

With unanimous approval, the meeting adjourned.