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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 7:00 P.M., ON MONDAY, JULY 21, 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, July 21, 2003. Rev. Jerry Reynolds 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.

MINUTES

Councilman Renner moved to approve the minutes of the June 16, 2003, regular meeting and to acknowledge receipt of the June financial reports. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

INTRODUCTION OF BILL SMITH

City Manager Dave Daily introduced Bill Smith. Bill has recently started working for the City as the Public Maintenance Supervisor.

PRESENTATION BY BONNIE NORRIS

Bonnie Norris gave a presentation on the proposed economic development strategy, "CEDS-Comprehensive Economic Development Strategy," for Preble County. A steering committee worked on this project for some time and the Preble County Commissioners have endorsed the plan. It is the Committee's belief that an economic developer for the entire county needs to be hired. Joint financial cooperation from the Community Improvement Corporation (CIC), Chamber of Commerce, the county, various political subdivisions and the private sector will be necessary to fund such a position. An exact figure on the cost for the ity's share is not known at this time. Mayor Stonecash stated he feels that the City must take a leadership role in this effort, as there will be considerable gain from this plan.

ORDINANCE 03-12

This ordinance assigns permanent zoning to the recently annexed 64.959 acres of land on East Main Street, just to the east of the Meadowbrook Subdivision. The land currently has a temporary zoning assignment of 'R-1B' Single Family Residential, and Planning Board recommended 'R-1B' as the permanent designation.

Councilman Renner moved for the second reading, by title only, of Ordinance 03-12. 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 03-12 by title only.

Councilman Renner moved for the adoption of Ordinance 03-12. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

The FY2002 CDBG project is for the replacement of 1300 feet of 4" water line with 8" water line along West Chicago Street. This resolution authorizes the advertisement of bids for the West Chicago Street Water Line Project.

Councilman Renner moved for the adoption of Resolution 03-47. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

Engineering is just about complete for the Seven Mile Park Project. The next phase for this project will require the moving of between 20,000 and 30,000 cubic yards of earth. Grading and seeding of this area will then be done this fall to allow for the future construction of four ball fields. This resolution authorizes the advertisement of bids for the Earth Moving of the Seven Mile Park Project.

Councilman Renner moved for the adoption of Resolution 03-48. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

a. The refuse bids will be going out soon with the expected award of the bid in August. Wording in the bids includes that preference will be given to those bidders who commit to hauling to the Preble County Landfill.

b. Grant awards have recently been presented to the Police Division, the EMS Division and the Fire Division. These funds were used to purchase equipment and pay for training.

c. Mr. Daily reported that Police Chief Romeo demonstrated good police work recently. While off-duty, he pursued a possible DUI driver and, after having a weapon pulled on him during the stop, he then discovered several other illegal weapons.

e. Notification from the railroad has been received that repairs will begin soon on the Barron Street crossing.

g. Numerous construction days have been lost due to excessive rain for the new municipal court facility. While days have been added to the end of this contract, it would appear that Municipal Court will be occupying the new facility in early January.

h. Eaton Fire Division will be conducting a training session on Saturday, July 26. They will be burning a house on St. Rte. 732, just outside the City.

j. Mr. Daily met recently with a Wayne Trace resident to discuss water issues and removal of the beavers. A meeting will be set, to which all area Wayne Trace residents will be invited, to address water issues and to discuss the status of the County ditch. Council will be advised when that meeting is set.

k. The City's zoning code is in process of being rewritten by ACP. A review group is being formed, with two members each from Council, Planning Board and Appeals Board. The Planning Board members have been chosen, and Mayor Stonecash and Councilman Renner indicated their willingness to be the representatives from Council on this review group. Council confirmed these appointments.

l. Ione Hiestand has resigned from Appeals Board after some 14 years. Brenda Taylor has expressed an interest in serving on this Board. Also, Chris Atkins has expressed an interest in serving on the Planning Board, should a vacancy become available. It was decided that an advertisement in the local newspaper will be published to consider any other possible candidates for the Appeals Board vacancy. Further, it was agreed to honor Mrs. Hiestand at the August meeting.

m. Mr. Daily reported that, following a meeting with Planning Board Chairman Tom Jordan, there is a member on Planning Board who is not attending meetings regularly. Council confirmed Chairman Jordan's wishes to write a letter to the member stating the concerns and asking the intentions of the member.

n. A presentation was recently made to Council regarding legislation for the enforcement of wearing of bicycle helmets. Council's intentions on this issue have been questioned, and it is unanimous that Council does not wish to consider any legislation at this time on the bike helmet issue.

o. Over the last few years, several City policies have been updated. Staff feels there are other policies that should be updated as well. These include Chapter 103, Public Meetings, and Chapter 121, Rules of Council; also, the addition of Chapter 104, Public Records Policy, should be considered. Drafts of all these have been prepared and will be distributed to Council by August 11. This will give Council one week to review the drafts. Currently, within the rules of Council, Council can set its own procedural rules by a committee appointed by a majority of Council. The Law Director recommended that the entire Council be appointed as a Committee of the whole to review these proposed updates. Mr. Renner moved, seconded by Mr. Kirsch, to appoint the entire Council as a Committee of the whole to review the proposed updates to Council's rules of procedure.. The vote passed as follows:

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

Nays: None (0)

This committee will meet at 6:00 p.m. on Monday, August 18, 2003, just prior to the next regular Council meeting, to review the drafts.

OLD BUSINESS

a. Mr. Kirsch reported that the Pheasant Run development is moving along with a triplex beginning construction in August.

c. The plans for cleaning Crystal Lake were reviewed. The availability of funds for this project will be ascertained later this year, as other projects and exact expenses are determined. It is preferred to complete this project in the wintertime.

a. Resolution 03-49. Downtown Eaton Inc. is a group of concerned area residents who wish to revitalize and keep the downtown area a vital part of the community. Funds are needed to consider hiring a director as well as to initiate some fund-raising projects. Funds will be matched by the Chamber as well the Downtown Eaton group. Councilman Kirsch asked Council to consider donating $2,000 to this group. Councilmen Petry and Ball were opposed to contributing any money for this cause, believing it to be an improper use of taxpayer money. Councilman Kirsch and Mayor Stonecash, who are both involved with the downtown group, wished to promote its efforts. Councilman Renner believed that, while financial support could be considered for this group, $2,000 seemed high. Councilman Kirsch introduced and moved to adopt Resolution 03-49, authorizing a contribution of $1,000 as "seed money" to Downtown Eaton, Inc. The motion was seconded by Councilman Renner and passed as follows:

Ayes: Stonecash, Renner, Kirsch (3)

Nays: Ball, Petry (2)

b. Resident Doug Woodard wished to address Council on a problem with a sanitary sewer in the Garfield - Mechanic Street area. With the excessive rain, sewage backed up in the basement of a home he recently sold. He requested Council reimburse the homeowner the $609.28 she spent to install a backflow plug. Two plumbers as well as City crews have responded, and Mr. Woodard stated it was his belief that the cause was the old City sewer system. Public Works Superintendent Andy Eddy reported that the camera had been used on the line and no problems were seen with the City's system. Believing it to be a responsibility of a homeowner and upon the advice of the Law Director ,Council concurred that this request should not be entertained.

ADJOURN

With unanimous approval, the meeting adjourned.

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Deputy Clerk of Council Mayor

Donnette A. Fisher, Director of Law

COMMITTEE MEETING