MINUTES OF A 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, JANUARY 21, 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, January 21, 2003. Father Fitzsimmons 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.

WELCOME

Mayor Stonecash welcomed special guests from the Board of County Commissioners and staff.

MINUTES
Councilman Renner moved to approve the regular meeting minutes of December 16 and the special meeting minutes of December 20, 2002 and to acknowledge receipt of the financial reports for December 2002.   Councilman Kirsch seconded the motion which passed as follows:
            Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
            Nays: None (0)

MEETING WITH COMMISSIONERS
The quarterly meeting with the County Commissioners was conducted. In attendance were Commissioner Gene Krebs, Commissioner David Wesler, County Administrator Ken Moreland and Assistant Prosecutor Chris Englert.

a. Mound Hill Union Cemetery. Sexton Brad Duke of Mound Hill addressed Council and the Commissioners. He explained the structure and funding of the cemetery operation, burial and death rate statistics, and the need for planning for expansion. The County owns some 65 acres south of Fort St. Clair on Camden Road, which is in close proximity to the existing new part of Mound Hill and seems to be the most logical place to expand. Mr. Duke questioned the possibility of pursuing negotiations with the County to purchase this parcel for the needed expansion. Mr. Duke has approached the County on various occasions in recent years, but the need is becoming more apparent. Commissioner Krebs stated that some 23 months ago, this issue faced a 2-1 vote by the Commissioners and he believed that this was definitely something that could be

further discussed, as the County is in the midst of completing a master plan for undeveloped land. Mr. Krebs urged Mr. Duke to consider setting aside some of the front part of the land to offer auxiliary parking for the school. While he is certainly willing to work with anyone to establish areas of need, Mr. Duke believed that such prime ground could be put to more valuable use than a parking lot. Mayor Stonecash interjected that the parking issue with the school has been concluded. Councilman Kirsch noted that perhaps the Commissioners, the Cemetery Board, and Mr. Duke continues these talks. Commissioner Wesler noted that during his tenure, the cemetery in New Paris was expanded. Mr. Krebs stated that the Cemetery should have considered purchasing the ground where a small housing development exists now. Mr. Moreland advised Mr. Duke to call the County Commissioners office to set-up an appointment with the County to begin negotiations. Bruce Barnes, representing the Eaton Funeral Directors, agreed that consideration needed to be given to this expansion issue and he also gave some statistics. Mr. Barnes noted that he plays a role in the property acquisition for the Brethren Church. The church purchased a large amount of land to the south and west of this County-owned property and shared some proposed design layouts. With parking adequate for their use, the Church could accommodate auxiliary parking for the new school, if needed. The Church is planning on annexation and it would be encouraged if this prospective cemetery ground was also annexed. Mr. Barnes noted that Eaton Funeral Director Don Boucher agrees with the cemetery expansion. Mr. Duke noted that, while it is not the responsibility of the City to provide for a cemetery, he knows that the City desires to provide for the future needs of the community. The Cemetery Board has budgeted for this purchase; there will be no major financial increase to the City or Township for this land acquisition.

b. Preble County Fairgrounds. Mayor Stonecash inquired as to the progress of the proposed roadway extension through the fairground property to Wayne Trace Road, as well as the future of the Pork Festival. Commissioner Krebs noted that there was limited information available regarding the Pork Festival. Councilman Kirsch believed that the issues regarding the Pork Festival had been resolved. Assistant Prosecutor Chris Englert stated that the Pork Festival issue was in the pre-trial process, with trial set for April.

c. Landfill. Mayor Stonecash noted that an update might not available on this topic as the Committee is very diligently exploring all the options on this issue. Mr. Wesler also noted that the subcommittees were working hard and he had made a motion to extend the deadline. Commissioner Spencer did not second that motion and Mr. Krebs was not in attendance at that particular meeting. Commissioner Wesler stated that a recommendation to extend the deadline was received from Preble County Auditor Hal Yoder and Engineer Steve Simmons and will be discussed at the Commissioners Wednesday morning meeting. Mr. Krebs added that the deadlines remain as questions, but an informal deadline of February 20 for Board of Elections purposes has been discussed. It seems that the various options are being pared down, all the sources of input have been valuable and a resolution will be forthcoming.

d. Municipal Court Project. Mayor Stonecash delivered a brief history of this project beginning in the 1980's. On February 13, 2003, bids will be opened for this project. Construction is expected to begin this spring and, hopefully, the new Municipal Court will open in January 2004. Councilman Renner noted his disappointment in the Courts being separated, but stated this is a good project and will result in a good facility.

e. National Guard Armory. Since the August 2002, discussions, there has been no change. The various proposed sites were discussed.

f. Walmart. Litigation continues; therefore, those issues cannot be discussed at this time.

g. White Christmas. At one time, the Commissioners had discussed cutting down or trimming the large trees in front of the Courthouse to better expose the architecture. White Christmas decorations have not been replaced because of this possibility. As it becomes increasing difficult to place decorations each year, the City officially requested confirmation of whether the trees are to be cut so that appropriate arrangements can be made, or not, to continue with this holiday tradition. An informal consensus was that it was hoped this celebration continues and it was recommended that City Manager Dave Daily and Engineer Doug Spitler meet with County Administrator Ken Moreland to further work on the details of some permanency for this project.

h. Sludge. Commissioner Krebs noted that at the past Thursday evening County
Planning Commission meeting, the question of the City’s sludge application was
discussed. City Law Director Donnette Fisher has researched the issue and it is her opinion the City is not legally required to secure a conditional use permit from County for the application of sludge as fertilizer to local farm ground. The City was advised by Mr. Krebs to review the minutes of the Planning Commission and Mr. Krebs further advised that better communication and education for the public may be needed on this topic. Mr. Eddy explained the process and the steps taken by the City to insure its application was providing valuable fertilizer to crop-production fields. Commissioner Krebs inquired if the sludge was lime-stabilized. Mr. Eddy responded that the lime is added to bring the pH up to a minimum of ‘6.5’ as required by and reported to the EPA. Mr. Krebs stated again that the County Planning Commission represents people who live in the unincorporated territory in Preble County and, again, more communication and education of these people by the City may be necessary.

The Commissioners were thanked for taking the time to attend the Council meeting. Councilman Kirsch further thanked the County in all their cooperative efforts with the City, particularly noting the Cemetery concerns and the ceremonies conducted for 9-11.

SWEAR-IN AUDIENCE
The audience was advised that, if they wished to testify during any Public Hearing before Council, they must stand and take an oath. The Deputy Clerk then administered the oath.

ORDINANCE 03-01
This ordinance is for the vacation of the alley located between Lot No.1071 and the north half of the east half of Lot No. 1085. Mayor Stonecash opened the Public Hearing on this alley vacation application submitted by Mr. and Mrs. Harold DeHart and represented by Attorney George J. Earley. Mr. Earley stated that the DeHarts own the property on both sides of this particular portion of the alley, and this portion of the alley has never been used or paved. A garden has existed on the west side of this portion of the alley for many years. By vacating this part of the alley, the DeHarts would be able to connect the two tracts of land. The alley way is 12' wide. Neighbor Ed Straszheim recalled some history of attempting to vacate the entire alley. This was never accomplished. Mr. Straszheim would like the entire alley to be vacated. Mr. Earley responded that the two property owners to the south of DeHarts, the Staszheims and the Bowmans, were invited to participate in this application and they both declined. The DeHarts decided to proceed with this alley vacation of the part between their two parcels. Mr. Straszheim inquired as to how the petition to vacate the alley could be acted upon since all property owners did not participate. Mr. Earley responded that this application is not asking to vacate the whole alley. Mayor Stonecash closed the Public Hearing. Law Director Donnette Fisher clarified that the vacation request was for only a portion of the alley and the petition that was filed was in proper form. Mr. Straszheim was encouraged to speak with the Law Director on how to proceed to vacate the other part of the alley. Council then proceeded with action on this application.

Finding that granting the petition for vacation for that portion of the alley applied for would not be detrimental to the general public or the City, Councilman Kirsch moved for the first reading of Ordinance 03-01, by title only. Mayor Stonecash seconded the motion which passed as follows:
            Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
            Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-01, by title only.

ORDINANCE 03-02
This ordinance is for the approval of the annexation of 64.959 acres to the City, as applied for by Harry and Marilyn Frizzell. The Preble County Commissioners denied the petition of this annexation and the Common Pleas Court reversed that decision on September 12, 2002. Engineer Doug Kramer represents this request. Mayor Stonecash opened the Public Hearing. The location of this parcel was shown in relation to the proposed Wayne Trace Road extension and to the Frizzell’s Meadowbrook Estate Subdivision. The neighboring property in between, the approximate nine acres of the Hudsons, was discussed. The history of attempts to bring this parcel was reviewed and zoning issues were discussed. Currently, there are no development plans for the 65 acres and Frizzells will work around the issue of the Hudson property, which will remain in the County for the time being. By accepting the Frizzell property, the City limits would be squared up. The issue of the Hudsons being able to obtain City utilities was discussed. A pre-annexation agreement could be executed with the Hudsons. Washington Township Trustee Glen Smith objected to the Frizzell land being annexed. He believes that all the surrounding area is agricultural and it should stay that way, not be built up in homes. Further, he believed this was
a way to blackmail Hudsons to come into the City and to sell their land to Frizzell. With the number of prospective annexations coming into the City, Mr. Smith does not believe the City can extend all the services needed to accommodate the growth. The passage of Senate Bill 5 which changes the regulations of annexation was discussed, but this annexation request was filed prior to the passage of Senate Bill 5. Mr. Smith again stated his objection to this farm ground coming into the City. Concerns of wellhead protection were discussed. Eric Deeter wished to testify, but had not take the oath. The oath was then administered to Mr. Deeter. Eric Deeter owns the closed bowling center across from this proposed annexation and asked for clarification as to the provision of City services to this land. Sanitary sewer is currently located to the rear of the former Nevin Grice property on East Main Street and would probably be extended along Route 35. Water is located on the north side of Route 35. Residents and business on the south side of Route 35 are on well and septic. Engineer Doug Spitler noted that the extension of water and sewer were usually done at the developer’s expense. As the wells and septic systems go bad, the property owner can elect to tap into the City’s services, at their expense. Mr. Deeter inquired about the necessary improvements that will have to be made to accommodate growth of the water, sanitary sewer and storm sewer systems. Within the next five years, studies and improvements will be underway to allow for this progress. The Public Hearing was closed. Mayor Stonecash asked how many homes Frizzell sells in one year. A total of 35 new single family homes were sold in 2002, and 22 of those were Frizzell homes. Mayor Stonecash stated that although Trustee Smith made some good points, it is not unreasonable to allow this annexation. The “island” is of some concern, but if the Hudsons do not wish to be annexed, the Frizzells should not be penalized for this. Council found that this proposed annexation makes good planning sense and this annexation would be beneficial to the City.

Councilman Ball moved for the first reading of Ordinance 03-02, by title only. Mayor Stonecash seconded the motion which passed as follows:
Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-02, by title only.

ORDINANCE 02-19
Doug Kramer represented Frizzell Construction in their request for final plat approval for the Meadowbrook Estates Subdivision, Section 3. This section consists of approximately 11.338 acres and includes a total of 28 building lots. Both R-1A and R-1B Single Family Residential zoning designations are present in this section. Estimated infrastructure costs for the public improvements are $335,498.90. The plat has been reviewed extensively by staff and the Planning Board. Doug Kramer and City Engineer Doug Spitler delivered a more detailed
explanation on the storm water management on this site to Planning Board, at their request. Planning Board made a favorable recommendation for the final plat approval of Meadowbrook Estates Subdivision, Section 3, conditioned upon the execution of a Subdivision Agreement. The Law Director informed Council that Mr. Frizzell has since executed this agreement.

Councilman Renner moved for the second reading of Ordinance 02-19, 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 02-19, by title only.

Finding that Planning Board had made a favorable recommendation for approval and that all necessary arrangements for the construction of the needed infrastructure had been made, Councilman Renner moved for the adoption of Ordinance 02-19. Councilman Ball seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
Nays: None (0)

RESOLUTION 03-01
This resolution authorizes the City Manager to bid for a new police cruiser. Mr. Daily explained that a 1998 Ford Crown Victoria, the oldest in the fleet, was scheduled to be replaced this year. The vehicle currently has transmission problems and is in need of being replaced as soon as possible. Chief Romeo stated that it seemed more reasonable to replace the vehicle in its current condition than to fix the transmission and trade it in at a later date this year. Council agreed with Chief Romeo and found this vehicle should be replaced.

Councilman Renner moved for the adoption of Resolution 03-01. Councilman

Ball seconded the motion which passed as follows:
            Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
            Nays: None (0)

RESOLUTION 03-02
Planning for a new Municipal Court facility has been ongoing for some time. With the land purchased and construction plans complete, this resolution authorizes the City Manager to advertise for bids for the construction of a new facility. Mr. Daily noted that a pre-bid meeting will take place on Thursday, January 23, 2003, at Station 2 and the bid opening is scheduled for Thursday, February 13, 2003 at 1:30 p.m.

Councilman Renner moved for the adoption of Resolution 03-02. Councilman Kirsch seconded the motion which passed as follows:
            Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
            Nays: None (0)

RESOLUTION 03-03
The City contracts with neighboring townships for the provision of fire and emergency medical services. This resolution authorizes the City Manager to enter into the annual contract for these services with surrounding townships. The current contracts expire March 31, 2003. Mr. Daily noted that an increase in the amounts were levied with the 2002 contracts and the formula will remain the same for the upcoming contract year.

Councilman Kirsch moved for the adoption of Resolution 03-03. Councilman Renner seconded the motion which passed as follows:
            Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
            Nays: None (0)

Jackson Township Clerk Floyd Geeding requested that Mr. Daily ask Council to consider taking on additional Jackson Township territory under this contract. He stated that both Fire Chief Crowe and EMS Chief Stonecash declined to consider the request; Council concurred with the Chiefs.

SPECIAL RECOGNITION
Recently, Public Works Superintendent Andy Eddy received his Wastewater 4 certification, a very high honor for him and the City. Mayor Stonecash and the other Council members congratulated Andy on this outstanding accomplishment. Mr. Daily reviewed Andy’s personnel history with the City, noting that he has consistently strived to gain higher Public Works certifications and he also congratulated Andy.

CITY MANAGER’S REPORT
a. The latest draft of the Comprehensive Development Plan was distributed. It is anticipated that Council’s approval of this plan will be requested in the near future.
b. Mr. Daily noted that the sludge application topic had been previously discussed.
c. A transfer of a liquor license permit for Southwest Bowl, Thomas Deeter, for the purpose of safekeeping had been received. Chief Romeo had no issue with this transfer.
d. With several large projects in the near future, bond counsel must be secured. Peck, Shaffer and Williams, Columbus, Ohio, had excellent recommendations and has been selected to serve as bond counsel in the total amount of $3,500.
e. Council had been provided with copies of a contract with EMT, Inc., a back-up for the City’s EMS service. This is a renewal of an existing contract and would reflect a reimbursement amount of $255 per run. Law Director Fisher is reviewing this contract and some changes are anticipated. A final copy will be presented to Council at their February meeting.

f. Mr. Daily reported that Service Director Doug Spitler has sent thank-you letters to Time Warner Cable and Dayton Power and Light for all their assistance with the White Christmas light display downtown this year.

OLD BUSINESS
Rick and Cathy Gade and Shirley Gordon, neighbors to 217/219 South Barron Street, were in attendance. At their request, the opinion completed by Building Official Robert Reynolds of the safety of the structure at 217/219 South Barron Street had been submitted. Mr. Reynolds concurred with Building Inspector Bob Wehrley in that the building was sound following the fire in June, 2002, the structure can be re-built and no part of the building requires demolition. Mr. Gade inquired if, while the reconstruction process could take up to 2½ years to complete, applying the property maintenance code would speed up the process. They would like the exterior of the structure cleaned up as soon as possible. The owner of 217/219 South Barron is working on the project on a daily basis and Building Inspector Bob Wehrley is monitoring the project closely. It is believed that the owner would like to rent this property as soon as possible and will be bringing the residence up to code. Councilman Petry did not like the situation and Councilman Kirsch inquired as to changing the code to address the 2½-year
allowable reconstruction time.

NEW BUSINESS
None.

EXECUTIVE SESSION
Mayor Stonecash moved to go into executive session for the purpose of discussing matters of litigation and land acquisition with the City’s Law Director who was present. Council also invited City Manager Dave Daily, Finance Director Leslie Renner and City Engineer Doug Spitler to be present.

Councilman Kirsch seconded the motion which passed as follows:
Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
Nays: None (0)

Councilman Renner moved to close the executive session and return to regular session. Councilman Ball seconded the motion
which passed as follows:
Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
Nays: None (0)

ADJOURN
With unanimous approval, the meeting adjourned.

________________________________ _______________________________
Deputy Clerk of Council Mayor

Approved as to form:__________________________________________________________

Donnette A. Fisher, Director of Law