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MINUTES OF REGULAR MEETING OF THE COUNCIL

OF THE CITY OF EATON, OHIO HELD IN COUNCIL CHAMBERS

OF THE MUNICIPAL BUILDING, AT 7:00 P.M.,

ON TUESDAY, FEBRUARY 18, 2003

Mayor Robert Stonecash called a regular meeting of the Council of the City of Eaton, Ohio, to order at 7:00 p.m., on Tuesday, February 18, 2003. Mr. Tom Haynes 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

Acting City Manager, Leslie Renner, was also in attendance.

The City endured quite an amount of snowfall recently. Mayor Stonecash commended the Public Maintenance Department for all their dedicated work to clearing the streets.

Mayor Stonecash presented Finance Director Leslie Renner an award issued from the General Financial Officers Association honoring her work for the 2001 Comprehensive Annual Finance Report. She currently is serving also in the capacity of Acting City Manager.

Councilman Kirsch moved to approve the minutes of January 21 and January 30 and to acknowledge receipt of the January, 2003 financial reports. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

Mrs. Renner reviewed that this ordinance represents the City=s budget for 2003. Previously, the individual departments had presented their requests to Council.

Mrs. Renner reported that revenues were down some $300,000 in 2002 from 2001 and this decline is expected to continue. This may delay some future projects, but some major projects planned by the City are included in this budget. These include: The construction of a new municipal court facility; the purchase of a new ambulance; while the Aukerman Street improvement project has been moved up to 2004, improvements to a portion of those water lines in the budgeted amount of $210,000 will occur this year; and, $375,000 has been allocated for the well field purchase. Mayor Stonecash noted that, with this prudent planning, the City remains in good financial condition.

Finding this Appropriation Ordinance to be in order and to be necessary to provide for the City’s 2003 operating budget, Councilman Ball moved to adopt Ordinance 03-03. Councilman Kirsch seconded the motion. The need to move for the reading of an Ordinance was discussed. The Law Director stated that, in accordance with the City’s Charter, an ordinance of this financial nature did not require a first reading. Because this is the annual appropriation ordinance, the City’s charter allows for a suspension of the rules that this Ordinance be read on two separate occasions. The vote on the adoption of Ordinance 03-03 passed as follows:

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

Nays: None (0)

This ordinance establishes the funding for the new Municipal Court construction.  

The timing of the presentation of this ordinance was discussed. The exact amount needed for this project could not be ascertained until the bidding process was completed. Resolutions to award various contracts follow on this agenda. Bonds in the total amount of $1,375,000 will be issued through U.S. Bank, N.A., Dayton, Ohio, with a maturity of 15 years at a fixed rate of 4.69%. This ordinance is considered an emergency so that issuance of the bonds can commence immediately to allow for Municipal Court to occupy the new facility before the existing lease expires with the Commissioners.

Councilman Ball moved to adopt Ordinance 03-04. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

The current Municipal Court lease expires December, 2003. The County has informed Municipal Court that the lease will not be renewed and that the Court must vacate the Courthouse. The procedures for adoption of an emergency ordinance was reviewed. At least four of the five members must vote affirmatively to pass the ordinance and indicate the reason that it needs to take effect immediately. On Ordinance 03-04, it was found that an emergency exists so as to allow for the immediate issuance of the necessary bonds for the construction of a new Municipal Court before the end of the year.

This is the second reading of Ordinance 03-01 to vacate an alley located between Lot No. 1071 and Lot No. 1085. Mr. and Mrs. Harold DeHart have petitioned for this vacation and were represented by Attorney George J. Earley. The DeHarts own the property on both sides of this portion of the alley.

Neighboring property owner, Roberta ARobin@ Bowman, 212 East Spring Street, spoke to the concern of an electrical utility pole at the end of the alley. She believes that, if the alley is vacated, utility crews will not have clear access to make repairs and will have to trespass on her property. It was noted that the entire alley is currently unimproved.

Dayton Power and Light worked on the pole one time in the six years the Bowmans have lived at this location. The exact location of the pole was shown. When asked, Mrs. Bowman stated that a request to vacate the remaining part of the alley may be presented.

Another neighboring property owner, Ed Straszheim, had spoken with Law Director Donnette Fisher since the previous Council meeting. He believed that the papers given to Harold Aukerman in the 1980’s were misleading; he thought that all the neighboring property owners were required to sign the petition to vacate the alley. The Law Director had explained to him that this was not the case, and he now understands the procedures for a vacation. Mr. Straszheim asked if he could plant trees in the area. It was explained to him that if the remaining part of the alley is vacated, he could plant trees.

Attorney Earley noted that the public hearing on this issue had been closed. He stated that indeed the transformer had once blown on the utility pole and Dayton Power and Light crews utilized a driveway in very close proximity to this pole. The actual utility right-of-way was discussed and the vacation of the alley would not affect it.

Mayor Stonecash noted that this alley vacation appeared to be in everyone=s favor and that the neighbors may apply to vacate the remainder of the alley if they wish to do so.

Councilman Petry stated that this particular alley vacation has been hotly contested for some time, but because this is relatively a small part of land, it would be ideal to vacate the alley. He further stated it was his hope that the entire alley would eventually be vacated.

Councilman Renner moved for the second reading by title only. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read the title of Ordinance 03-01.

Councilman Renner, finding that there is good cause for this vacation and that such vacation will not be detrimental to the interests of the City or its citizens, moved for the adoption of Ordinance 03-01. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

Replacement of a pick-up truck in the Public Maintenance Division is needed, and $25,000 has already been budgeted for this purchase. This resolution authorizes the City Manager to advertise for bids for this purchase. It is proposed to be bid as a three-quarter ton truck with four-wheel drive option. In considering the relatively small amount for adding the four-wheel drive option, the resale value it would add, and the work that will be done with this truck, Council agreed that the four-wheel drive was a necessity.

Mayor Stonecash moved to adopt Resolution 03-04. The motion was seconded by Councilman Renner and passed as follows:

Ayes: Stonecash, Ball, Renner, Petry (4)

Nays: None (0)

Abstain: Kirsch (1)

These four resolutions are for the bid awards for the General Construction and Electrical, Plumbing, HVAC and Fire Protection portions of the work for the construction of the new Municipal Court facility. Mrs. Renner reviewed the successful bids with Council. With Reliable Construction being the general contractor and the electrical contractor, the City=s interest in the contracts for the HVAC, the Plumbing, and the Fire Protection portions of the project will be assigned to Reliable, so that Reliable can manage the entire project. The total for all the contracts is $1,367,636. As noted in Ordinance 03-04, $1,375,000 has been funded. The furnishings will be paid out of that also. It was noted that this project will be paid for by the people who use Municipal Court. Law Director Donnette Fisher had submitted a written opinion stating that Council waiving bid deficiency (i.e., the omission of a particular form) in Reliable=s bid was allowable. Councilman Kirsch inquired about the interior. Lisa Bruns is the designer and she will be soliciting bids for the interior design work, such as tile.

Finding Reliable Construction Services’ bid to be the lowest and best, and finding it legally allowable and in the best interests of the City to waive the deficiency in Reliable’s bid, Councilman Renner moved to adopt Resolution 03-05, awarding the general contractor and the electrical bids to Reliable Construction Services in the amount of $1,119,335.00. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

Councilman Renner, finding K.M. Ingersoll & Son, Inc.’s bid to be the lowest and best, moved to adopt Resolution 03-06 awarding the mechanical (HVAC) bid to K.M. Ingersoll & Son, Inc. in the amount of $114,669.00. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

Finding Donnell, Inc.’s bid to be the lowest and best, Councilman Renner moved to adopt Resolution 03-07 awarding the plumbing bid to Donnell, Inc, in the amount of $85,932. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

Councilman Renner, finding the bid of Dayton Fire Protection, Inc. to be the lowest and best, moved to adopt Resolution 03-08 awarding the fire protection bid to Dayton Fire Protection, Inc. in the amount of $44,700.00. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

a. Police Chief Romeo reported to Council that he had been invited to address a conference at the Pentagon this evening, but the weather did not permit air travel. He would have spoken on the topic of the effects of mobilization of reservists employed in law enforcement and was honored by the invitation.

b. The need for rewriting the City=s zoning code was discussed. Proposals submitted by Miami Valley Regional Planning Commission and ACP were close in dollar figure; however, MVRPC=s completion time was 15 months as compared to ACP=s 6 months.

The Law Director reported that she was working with ACP on the County=s zoning code rewrite, that she was very pleased with their work, and their references were excellent. Mrs. Renner reported that this project is budgeted to be completed in 2003.

c. Mrs. Renner reported that she had been contacted by Mary Anderson of the Preble County Health Department, who oversees the car seat program, regarding a donation to the program by the City. In past years, Council had donated to this. Mayor Stonecash agreed the City should make a $1,000 donation, with Councilman Kirsch and the remaining Council members concurring.

d. A new liquor license for 850 South Barron, formerly Firth=s, had been applied for by the owners of the Depot. This allows for the carry-out of beer and wine, not Sunday sales. Councilman Petry inquired how and when some other businesses in the City had acquired licenses for Sunday sales and was concerned as to the legality of the licenses. Chief Romeo and Law Director Fisher will examine these various businesses and the status of their liquor licenses.

e. Since the last Council meeting, Mr. Daily, Doug Spitler and County Administrator Ken Moreland met regarding the White Christmas display. The City and County will work together to extend permanent electricity for this display, within certain budgetary guidelines. City employee, Ralph Clevenger, and County employee, Bob Brower, will meet with Mr. Spitler to establish a plan. Mayor Stonecash noted that he would like to see this project begin in May or June and be completed prior to the third weekend in November.

f. Also from the last Council meeting, the disposition of sludge was discussed. Law Director Fisher confirmed that the application of sludge as fertilizer to agricultural fields could not regulated through County zoning. She reported she had received a letter from the County zoning office stating that the City would need to apply for a conditional use permit to apply the sludge, in order to prove that the permit was not needed. The Law Director reported she believes this is improper and that further, if the City would apply for a conditional use permit, the City would be conceding that a permit is needed. She reported she had contacted Rebecca J. Ferguson on February 6, 2003, on this issue, but that a final opinion from the County Prosecutor has not been given at this time.

a. Councilman Kirsch announced that the next meeting regarding the Landfill issue will be on Wednesday, February 19, at 7:00 p.m., at Bruce School. Two possible answers to the issue are contract hauling or the >status quo.= After all the research and committee meetings along with County officials, Councilman Kirsch concluded that we are all affected by the outcome. The next generation should be the ones primarily involved as this decision will be for a generation. Councilman Kirsch noted that the City took its stance in requiring that a committee be formed, and that the people are grateful for that action.

Mayor Stonecash added that there is still no resolution to consider.

Councilman Ball stated that this is not a City issue, but a County issue. This is not the City=s fault that the County let this get so out-of-hand and the County does not seem to be cooperating. Further, he believed that the County will do what they want.

Mayor Stonecash believes that this issue has brought the rest of the County together, but the City had to take the lead. As good Preble Countians, we need to work for a resolution.

Councilman Renner stated that, while it is the City=s intention to continue to require that the City refuse be taken to the Preble County Landfill, he found it ironic that the contract to take the refuse from the County jail does not include a stipulation that trash to be taken to the Preble County Landfill.

Councilman Kirsch stated that this is a serious burden with no quick fix. He appreciates the position that the Commissioners have found themselves in with this situation. He looks forward to meeting with the Commissioners with the final draft formulated by the Committee. The Commissioners can then make a sound decision.

Councilman Petry commended the Committee=s work and wished everyone involved good luck working with the Commissioners, believing them to be difficult to work with.

Councilman Kirsch stated that we are the County, all of us. The assessment for the landfill alone holds us all accountable.

Councilman Petry was not convinced that the Committee could sway the Commissioners= decision.

a. Attorney Bob Curry representing the Deerco Group was in attendance to make a presentation on some options for the Pheasant Run development. This proposed 8-acre development is located at the north end of Romadoor Drive, to the rear of Eaton Center. Mr. Curry distributed copies of plat of the proposed development. It was the exact one that was approved by the Council prior to the initiative petition being put on the November 2000 ballot, in which voters re-zoned the land to >R-1A= Single Family Residential from >PD-1' Planned Unit Development. Mr. Curry reviewed the background history of the development. The original plan was for sixteen 4 unit buildings, allowing a total of 64 units. In 1999, the plan was revised and the density was reduced to 53 units. The >R-1A= zoning that resulted from the vote on the initiative petition would only allow for a total of 8 units. Mr. Curry stated that as his client has invested over $700,000 in the infrastructure, he believes application of this ‘R-1A’ zoning would cause his client to suffer a substantial financial loss. Three single family homes that are there were built under the PD zoning.

Mr. Curry also stated that litigation was an option for his client, as it is their position that the Deerco Group has vested rights in developing the property as a nonconforming use. Mr. Curry stated it was his client’s hope to turn the situation into a win-win for everyone. As the City is in need of senior housing, Deerco proposes a settlement agreement that would allow the development of 53 total units which would be restricted to elderly housing only. This was thought to be better for the neighborhood and would allow the developer to move forward to alleviate financial loss. Mr. Curry explained the terms of settlement would >grandfather= the 53-unit development on this property as a non-conforming use in the >R-1A= district. Single family residences are planned for the south-end, multi-family units to the north-end. This would provide a good transition to the neighboring commercial development.

Mr. Curry further stated that an ironclad understanding would be made that this would be a 55 years and older development. Under the Fair Housing Act, owners cannot discriminate unless certain criterion is met. One exception is this group of 55 and older. Under this exception, at least 80% of the units’ residences would have to be occupied by at least one person over 55. There are three existing residences. Those property owners may request to join in with this restriction, but only the new units would have this restriction. The condominium documents would be amended to state that a minimum of 80% of the occupants of this complex must be 55 or older. These documents could then only be further amended upon the agreement of 100% of the owners of the units. Deerco would also record a Declaration of Restrictions that would run with the land restricting the use of this property to elderly housing. This Declaration could only be modified upon the agreement of 100% of the owners of the property and the Eaton City Council.

Mr. Ron Wright was in attendance to represent the investors of the Deerco Group. They are aware of the proposed restrictions and are willing to abide by them. Mayor Stonecash inquired if certain structures were double units. Other than the single family homes at the south-end, the units will mostly be three-family. It was noted that Gerald Brubaker remains as the developer, but the investment group, Romadoor LLC, will be dominant in overseeing the development. Gerald and his father, Dean Brubaker, will have positions on this board, but it consists predominately of new investors.

Councilman Kirsch inquired of the exact number of structures. Mr. Curry stated that a total of 8 single-family homes, 3 duplexes and 12 triplexes will be constructed, for a

total of 23 structures.

Neighboring property owner, Linda Pegg, stated that this was the exact same map that was brought up before when the three houses were built. It was voted on to zone it >R-1A= and that single-family is the type of development most residents want to see there.

She believed that the homes that were there so far were a sore thumb. It would be okay if it would be all for older people, but given past actions, she needs some assurance that is what would happen. Councilman Kirsch asked Ms. Pegg if she would still be opposed if given those assurances. Ms. Pegg responded it was her belief that the issue should be brought back to voters.

Councilman Petry stated that there is nothing Council can do but to review what is presented. He stated it was his belief that Council did not have the legal authority to enter into the proposed settlement agreement. Councilman Petry stated it was his opinion that only a judge could tell Council to approve this; it is not up to Council to say that a vote of the people is non-existent. Mr. Curry suggested that Council refer to their Law Director. Mayor Stonecash asked the Law Director if Council could legally enter such an agreement. She replied that in her legal opinion, yes, Council had such authority.

Councilman Renner stated that the development did not proceed in a timely fashion and the people voted. Further, Council cannot consider the elderly housing or the developer; the vote needs overturned by the court. Councilman Renner stated it was his belief that this should go through the normal zoning change procedure.

Law Director Donnette Fisher stated that this is not a rezoning of the land and considering this option would avoid potential litigation. Because Mr. Brubaker had invested so much money, they are asserting they have the right to go ahead to build what they proposed as a non-conforming use. Ms. Fisher explained to Council that there are three possible scenarios in this situation: Deerco could take the issue to court, they could win and go ahead with the development as is, without the restrictions. Secondly, they could go to Court and lose, but then this land will continue to sit undeveloped. Thirdly, Council could recognize it as a non-conforming use and acquire much-needed elderly housing, restricting it to something the neighbors could live with.

Neighbor Wally Kramer stated that the concern was not for the amount of units and they do like age limit, 80% being over 55, and it is a good site for elderly housing, but what kind of guarantee there is it would stay that way. Mr. Curry replied that a rezoning is not possible and restrictions in condominium documents and the Declaration of Restrictions would be iron-clad in establishing the restrictions. Every owner would have to agree, 100%, to lift the restrictions. Under the Declaration of Restrictions, the City would also have to agree to lift any of the restrictions. Also, if the 80% were not met, federal law would be violated.

Ms. Pegg reiterated that this was the same plat and that there were safety issues as to safety and service vehicles being able to get around the development. Further, she

reported seeing the type of construction of the three existing homes and, if the same type of construction were proposed, that would not be acceptable. There should be decent houses, instead of something that will fall down in the future. Someone needs to observe what=s going on. Mr. Curry stated that the Fire Chief had addressed the road issue at the time of the initial approval. It was then asked who was going to maintain the homes. It was asked if exterior maintenance of the units would be a part of the restrictions. Mr. Curry responded that all maintenance would be the condominium association=s responsibility.

Councilman Kirsch noted that the 8 acres had originally had 64 units approved and the developer revised the plan down to 53 units. While the City Engineer and Fire Chief had not reviewed this current plan, the safety issues were reviewed in 1999. Mayor Stonecash referred to Law Director Donnette Fisher for the possibilities that Council consider in this request. Again, Ms. Fisher responded that the property is >R-1A= at this time and would remain so. If Council agrees to settle this, it will simply be recognizing Deerco’s vested rights in developing this property as a non-conforming use. If the City does not agree, the developer may go to Court. If the developer wins, the development will be built and the City would lose the restrictions of elderly housing.

Mayor Stonecash reiterated that the options were to go to Court or settle. Councilman Petry again asked how the vote on the initiative petition could be overturned. He believes that a judge is the only one to say that the vote was not proper. He feels Council is powerless. Mr. Curry responded that, for instance, if development has started and there is a change in zoning laws, the developer is still honored >grandfathered= rights. This is the same situation and should be allowed to be proceeding. Councilman Petry again stated the judge should make the decision, Council cannot tell the voters they did wrong.

Mayor Stonecash stated that the reality of the situation is that the City would benefit by gaining elderly housing. If it goes to Court, the City may not get this type of housing. Councilman Renner stated that Council cannot ignore what the people of this town wanted. Ms. Pegg added that Gerald Brubaker has proven to be poor developer. Mayor Stonecash stated that the times have changed, Mr. Brubaker desires to make it a better situation and he now has backing which he did not have before.

Mr. Kramer inquired as to the look of the exterior of the units, as he was not impressed with the homes already built. Mr. Wright responded that he cannot speak to the development materials or the layout, but that there has not been discussion of changing the materials. Councilman Kirsch inquired about the possibility of the investors presenting a plan to show how the project will be laid out, the exact restrictions and the condo program, and meeting with the Romadoor property owners to show them the complete plan. Possibly utilizing the >grandfathered= rights would work out. Mr. Wright responded that the plan is in place. The outstanding issue is of the non-conforming use. Total re-negotiation is not wanted. The two principal players are Gerald and Dean Brubaker; the remaining investors want to help, but not get into a mess. Mr. Curry agreed that they are bound by the plan that is >grandfathered.= Allowing the non-conforming status would not open up the entire process. Councilman Kirsch stated that a model needed to be seen by the neighbors. Mr. Wright stated that he would recommend that, but he would need to know with some certainty that this development was going to be allowed. The Mayor reiterated there has been a history of problems with the developer.

Councilman Petry asked to poll Council as to their position on its power to make a settlement. Councilman Kirsch noted that given the cost of litigation, it would cost less to work this out, but the neighbors needed to be comfortable and be given some guarantee that quality control would be a priority throughout the process. While the people voted for >R-1A= and their wishes need to be respected, there were ramifications. Law Director Donnette Fisher reiterated that Council does have the power to legally enter into such a settlement agreement. Councilman Petry disagreed, the majority had spoke to this situation.

Mayor Stonecash stated that, with Council having the legal power, he is in favor of the elderly housing. He further stated that there would be no closed doors on this situation. Another open meeting would be scheduled before a decision is made. Councilman Kirsch concurred adding there would be strong restrictions in place.

Councilman Renner stated that there appears to be three options: Initiative petition, zoning change, or file court papers and that is all. The Law Director pointed out that given that a previous Council had abolished the PUD zoning classification, there would be no zoning district applicable to apply for.

Mayor Stonecash stated that the City=s Law Director and the developer=s attorney should work out the details, meet with neighbors and bring back to Council next month. Mr. Curry stated there does not seem to be a great outcry against this development and everyone is very anxious to bring this to a close.

Councilman Petry stated that Mr. Curry and Mr. Wright needed to know a Council consensus - obviously he and Councilman Renner are against any further discussion on this matter, but they deserve an answer and would like a motion to clarify Council=s position.

Mayor Stonecash believes the neighbors are okay with this and stated he was in favor of moving forward with this project with elderly housing in an ironclad agreement. Further, authority should be given to Law Director Donnette Fisher to work with Mr. Curry to get paperwork ready for next meeting. It was noted that the letter sent to the residences advising them of this meeting did not indicate that any action would be

taken. Mayor Stonecash moved to authorize the Law Director to work with Mr. Curry to prepare a settlement agreement with the Deerco Group that Council would enter into, recognizing it’s conditional vested rights in a non-conforming use on this property. This motion died for the lack of a second

Councilman Renner moved to reject any further consideration on this issue at this time. The motion was seconded by Councilman Ball. Councilman Kirsch asked to slow this down and work with neighbors and the developer. Councilman Kirsch stated that he recognized a majority is needed to agree with the development to carry forward, but would like to resolve it without litigation using some common sense and good neighboring. Councilman Petry stated that there is still the law to consider; it is still his opinion that Council has no legal authority to enter into such an agreement. The Law Director again reiterated that Council has the power. Mayor Stonecash believes this is the best way to acquire elderly housing. Councilman Renner stated that this does not stop the developer from doing what they want. Law Director Donnette Fisher stated Council could authorize further negotiations to get developers and neighbors together, in an effort to pick a middle-of-road approach, not either end. The motion was re-read. Councilman Petry again asked if Council has the power to do anything in this matter. The Law Director again advised that Council does have the power. The vote to reject further consideration of the matter was as follows:

Ayes: Petry, Renner (2)

Nays: Stonecash, Kirsch, Ball (3)

Councilman Kirsch moved to continue negotiations on the proposed settlement agreement with Deerco, and to authorize the Law Director to work with Mr. Curry to get the Deerco Group and the Romadoor group together before the next Council meeting to see if some of the concerns of the Romadoor group could be adequately addressed. Mayor Stonecash seconded the motion which passed as follows:

Ayes: Stonecash, Kirsch, Ball (3)

Nays: Petry, Renner (2)

b. Brian McLaughlin inquired of the status of the new park. Mayor reported that there was snow all over it and that $75,000 has been budgeted for further development as weather allows.

Councilman Kirsch moved, seconded by Mayor Stonecash, to go into executive session for the purpose of discussing litigation and personnel with the City=s Law Director who was present. Council also invited Acting City Manager Leslie Renner, City Engineer Doug Spitler, Police Chief Phil Romeo and Attorney Jane Beach to be present.

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

Nays: None (0)

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)

Following Executive Session, Mayor Stonecash announced there had been no action taken.

With unanimous approval, the meeting adjourned.

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Deputy Clerk of Council                                 Mayor