OF THE CITY OF EATON, OHIO HELD IN COUNCIL CHAMBERS

OF THE MUNICIPAL BUILDING, AT 7:30 P.M.,

ON MONDAY, MARCH 17, 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 Monday, March 17, 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

City Manager Dave Daily was also in attendance.

As our nation prepares for the possibilities of war, Mayor Stonecash asked that all people in attendance take time to remember the men and women serving in the Armed Forces as well as President George W. Bush.

Councilman Renner moved to approve the minutes of the February 18, 2003 meeting and to acknowledge receipt of the February, 2003 financial reports. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

During the end of 2001 and a majority of calendar year 2002, Sergeant Vaughn Oburn performed the duties of ‘Acting Police Chief’ for the City and executed those duties in an outstanding manner. Council honored Sergeant Oburn by naming him "Employee of the Year" for 2002.

Councilman Renner moved to approve Resolution 03-09. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

Mayor Stonecash read the resolution in full and presented it to Sergeant Oburn. City Manager Dave Daily reviewed the many accomplishments made in the Police Division during this period of time and commended Vaughn for his dedication. It was noted that, in February 2003, Police Chief Phil Romeo was once again activated into the Naval Reserves and Sergeant Oburn has taken over the duties as the City’s Acting Police Chief. Also, Patrol Officer Nick Friestler was recently called into active duty as a Marine MP and is now stationed in Kuwait.

The Deputy Clerk administered the oath to the audience.

Andrew Conley, agent for Paul DePalma, applied for a zoning amendment for the approximate 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 for a negative recommendation on this request. There were no representatives for the applicant in attendance at this meeting. Mayor Stonecash opened the public hearing.

John Ott, 1001 Park Avenue, discussed the concern that the increase in traffic will cause for the area residents; also, drainage of this tract being a problem. He questioned that this request met the City’s criteria for considering a zoning change and commented on a letter sent to all adjoining property owners from Berneda Marshall Trent. He stated he was told that this parcel would not be developed at the time he purchased his property.

Arthur Lee Campbell, 1401 Park Avenue, stated that there is right-of-way for a street directly beside his property. With this roadway right-of-way situated near the intersection of Park Avenue and Lexington Road, he believed that by developing this parcel and constructing a street at this location, a traffic safety hazard will transpire. He shared pictures with Council of the drainage problem on this parcel and questioned if legally this parcel could be divided into smaller residential tracts. Mr. Campbell noted that he has been mowing the above mentioned right-of-way for some 30 years.

Gale Miller, 1328 Park Avenue, also questioned the drainage situation. He noted that, with all the improvements just north of this parcel as well as the blacktop for this proposed development, the existing drainage problem would be aggravated. He further noted that the map shown does not properly reflect the location of the outlet in the northern part of the proposed development; it is in the curve of the road and would be very dangerous. The 120+ cars that this proposed development would create would increase the existing traffic problems on Park Avenue.

Joanne Rivero, 1309 Park Avenue, stated that the City does not need new housing. She works directly with foreclosures in the area and reported those statistics. She also reviewed the number of subdivisions within the City that were not completed. With the applicant working on a subdivision in neighboring Eldorado, it was questioned if he could dedicate the necessary time and money that this new development would create.

Not having take the oath previously, Lillian Barker was sworn in. She is a realtor and stated that the City would suffer economic loss by not allowing this parcel to develop. She believes that this land will develop eventually.

Bill Hicks, 1101 Park Avenue, stated that the economic value of the development would lower the value of the existing properties along Park Avenue.

Terry Gallimore, 1213 Park Avenue, purchased his home for the view to the west of his property. If this property develops, this view would be ruined. Further, he also has personally seen the surface water problem.

David Ditmer, 1221 Park Avenue, also stated he paid for the location; the scenery is wonderful. Further, he believes the traffic would pass directly by his home and he does not want that to happen.

Terry Gallimore questioned whether, if this develops and the pedestrian traffic increases, there is a concern for the lack of sidewalk and curbs in the area.

Margaret Smith, 1302 Park Avenue, noted that the south drive into this property is directly across the street from her driveway entrance and she was concerned that she would not be able to easily enter and exit her home. Also, as the water would back-up from the development, it would come into her basement. She stated that there were more appropriate places in the City to build homes.

Mayor Stonecash closed the public hearing.

Councilman Petry stated that the plan presented was poorly conceived, defying logic and reason. He did not believe that there was any point in Council considering this since Planning Board unanimously voted a negative recommendation on this request.

Councilman Kirsch stated that traffic was a concern and this development didn’t make sense. Councilman Ball agreed that this area flooded too often to put homes on it and was not interested in considering this request. Councilman Kirsch wished to make a negative motion on this ordinance and was reminded that this was a first reading.

Councilman Ball moved for the first reading of Ordinance 03-05, by title only. Council Kirsch 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.

The Mayor reported to those in attendance that, at the April 7, 2003 Council meeting, a second reading and vote would be conducted on this item.

Planning Board initiated this proposed amendment to Chapters 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. Law Director Donnette Fisher explained the reasoning for this change, primarily as relates to ground signs and temporary signs.

Mayor Stonecash opened the Public Hearing.

Not having previously taken the oath, Carolyn House was sworn in. She asked for clarification of the change as it relates to pole signs as well as ground signs.

Mayor Stonecash closed the Public Hearing.

Councilman Renner stated that he was opposed to this change as the entire zoning code will

be undergoing revision in the near future. Further, due to this primarily targeting signs in the ‘P-1' Professional Services zoning district, it is his belief many projects currently under construction will not have need for signs until after the Code re-write is completed.

Councilman Kirsch confirmed that Planning Board was in favor of this change. Planning Board Chairman Tom Jordan was in attendance and affirmed that vote. He reported that Planning Board initiated these amendments so as to bring more conformity to the Code as well as addressing the various upcoming P-1 projects, such as the new high school.

Councilman Kirsch moved for the first 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.

Planning Board initiated this proposed amendment to Chapters 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. City Manager Dave Daily explained the reasoning for this change as there was much conflict in the wording in the Code relating to the allowance for outdoor storage.

Mayor Stonecash opened the Public Hearing. With no comments, the Public Hearing was closed.

Councilman Renner moved for the first reading of Ordinance 03-07, 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 the title of Ordinance 03-07.

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 favorably recommended Council adopt the completed, revised Comprehensive Development Plan. Council thanked all involved for their dedication in completing this task.

Councilman Renner moved for the first reading of Ordinance 03-08, 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 03-08, by title only.

The City’s Zoning Code is in need of revision. Following the update of the Comprehensive Development as just previously discussed, the Code can now effectively be updated. Kim Littleton from ACP, a planning company who specializes in doing this type of work, provided a presentation on the work they would propose to do in order to complete the Code update.

Finding it to be in the City’s best interest, Mayor Stonecash moved to adopt Resolution 03-10 which authorizes the City Manager to enter into a contract with ACP for this project. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

The City’s Emergency Medical Services Division from time to time requires the assistance of mutual aid to respond to the needs of the community. In the past, a local independent ambulance firm, Eaton Medical Transport, has been contracted to assist with these mutual aid calls. This resolution authorizes the City Manager to enter into a contract with EMT to complete these responses.

Finding it to be in the best interest of the health, safety and welfare of the community, Mayor Stonecash moved for the adoption of Resolution 03-11. The motion was seconded by Councilman Renner and passed as follows:

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

Nays: None (0)

Council had previously authorized the bidding for a new police cruiser. Two bids were received. Staff recommends the award to go to the lowest and best bidder, McCluskey Chevrolet, Cincinnati, Ohio, for the purchase of a 2003 Impala police-package cruiser in the bid amount of $20,704.00 less the trade-in of a 1998 Ford Crown Victoria in the amount of $1,500 for a net bid of $19,204.00. The 2003 budget includes $25,000 for this purchase.

Finding McCluskey Chevrolet’s bid to be the lowest and best bid, Mayor Stonecash moved for the adoption of Resolution 03-12, authorizing the City Manager to enter into a contract for this purchase. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

Abstain: Kirsch (1)

Council had previously authorized the bidding for the purchase of a new pick-up truck for the Public Maintenance Division. Two bids were received. After further review of the bids, staff recommends the bid to be award to McCluskey Chevrolet, Cincinnati, Ohio, for the purchase of a 2003 Silverado 4x4 pickup truck in the total bid amount of $20,390.00. The 2003 budget includes $25,000 for this purchase.

Finding McCluskey Chevrolet’s bid to be the lowest and best bid, Mayor Stonecash moved for the adoption of Resolution 03-13, authorizing the City Manager to enter into a contract for this purchase. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

Abstain: Kirsch (1)

Councilman Kirsch stated that Rodney Cobb Chevrolet is offering to handle the service of both of the above stated vehicles so that trips to the Cincinnati dealer could be eliminated and Council thanked him for this offer.

The City’s Public Maintenance Division is needing to replace a mower. This resolution authorizes the City Manager to accept bids for a new mower. The 2003 budget includes $15,000 for this purchase.

Finding it in the best interest of the City, Councilman Renner moved to adopt Resolution 03-14. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

a. Mr. Daily reported on the actual expenditures of money, time and miles incurred by the City during the recent winter storms.

b. As discussed earlier, Police Chief Phil Romeo, who was activated into military service and left for Stuttgard, Germany, is reported to be doing well and extends greetings to Council. Also, Nick Friestler has been deployed to Kuwait.

c. A request had been received by Alice McMann, Director for the Council on Aging on East St. Clair Street, asking that a four-way stop be considered at the intersection of Nation Avenue and East St. Clair Street. After investigation, the City Service Director did not find that the intersection met the criteria set forth in the Ohio Manual of Uniform Traffic Control Devices for Streets and Highways and does not believe that a four-way stop is warranted at this time. Some improvements can be made to the area around the intersection which will help with safety site distance at this location.

d. The local Optimist Club has operated the concession stand at the DP&L ball fields in the past for their fund-raising and requested to be allowed to continue. Council unanimously agreed.

e. A pre-construction meeting was conducted recently for the awarded contractors of the Municipal Court project. A ground-breaking ceremony is scheduled for Wednesday, March 19, at the site. Following that event, a ribbon-cutting ceremony will be held at the Youth Center, as its remodeling project is complete.

f. A Council meeting has been scheduled for Monday, April 7, 2003.

a. The Pheasant Run issue was discussed. Attorney for the Deerco Group, Matt Gottschall, and Ron Wright, attorney for newly-formed Romadoor LLC group, addressed Council. Mr. Gottschell reviewed the zoning and development situation for the land on Romadoor, owned by Deerco Group, Gerald Brubaker. Ohio law allows that an owner of a property who has invested a substantial amount of money in a property be allowed to continue development under the zoning laws in effect at the time that approval was granted, as a nonconforming use. Further, the actual zoning designation for this property would remain ‘R-1A’ Single Family Residential, as the voters had wished in November, 2000. Under the proposed settlement agreement, the stipulation of elderly housing as outlined the Fair Housing Act of 1988 would apply and those restrictions would be imposed.

Representing the investors’ group was Kent Garber. He reviewed the recent neighborhood meeting, as requested at the February Council meeting, and introduced the names of all seven investors. Those were: Steve Garber, Darrell Brubaker, Dean Brubaker, Glen Knaus, Ron Knaus, Kent Garber and Gerald Brubaker.

Mr. Garber discussed the actual construction plans for the exterior and the interior designs of the proposed Pheasant Run Village as being of a New England-style. As approved by Council in 1999, there will be 26 total structures, containing a total of 11 single family residences, three duplexes and twelve triplexes, a total of 53 units. Again, 80% of those residences will be required to be 55 or older. Clarification that the driveways and off-street parking areas could be constructed in the buffer area was given.

Mr. Garber reviewed his survey of the Romadoor area neighbors, with 72% of those polled being in favor of continued development as approved previous to the November 2000 election with the new management of the project in place.

Mayor Stonecash noted that the investors are making an effort to move forward with this project while complying with Council wishes. The survey presented reflected that clearly a majority of the neighbors are in favor of this project.

Councilman Kirsch presented recent newspaper findings that neighboring communities’ populations are dwindling primarily due to the loss in the 65 and older age group. This group needs to have some special provision in living areas. The possibilities of litigation were not desired and the rights of the property owner has to be considered. With the assurances that have been provided, Councilman Kirsch believes this will be a beneficial project for the City.

Councilman Renner stated that the looks of the project are not the issue. The community voted in 2000 and that cannot be ignored. The Courts have previously stricken restrictions and there are no guarantees. He stated that this is not the right thing to do and the owner has other avenues to pursue to complete this project.

Councilman Petry stated that proposed project had a great deal of merit and will probably occur. But, he believed that there were legalities that were above the power of this Council, approving the settlement agreement would violate Council’s oath of office.

Mayor Stonecash moved for the City’s Law Director to draw up an agreement for Council to consider at their April 7 meeting. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Kirsch (3)

Nays: Petry, Renner (2)

b. Jerry Clark, a downtown property owner, had asked to speak about the City’s parking lot on the corner of Barron and Somers Street. He wished to ask about purchasing it, leasing it or having Council reduce the time that parking would be allowed there to a maximum of two hours. He was not in attendance. Council agreed to table discussion of this until Mr. Clark could address Council.

c. ORDINANCE 03-09

Law Director Donnette Fisher reviewed in detail Ordinance 03-09, an ordinance regarding the Landfill. Preble County Auditor Hal Yoder was in attendance and confirmed that, with very few minor changes to the proposed ordinance, he was hopeful that Council would adopt it. Mayor Stonecash asked for Councilman Kirsch’s remarks as he has diligently served on the Committee investigating options for the Landfill. Councilman Kirsch thanked Law Director Fisher for her concerted efforts on producing concise legislation on such a complex issue and thanked the members of that Committee for all their work. He read the mission statement that was created for that Committee.

Councilman Kirsch moved for the reading, by title only, of Ordinance 03-09 and declaring it an emergency. 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 03-09, by title only.

Councilman Kirsch moved for the adoption of Ordinance 03-09 and declaring it an emergency. Mayor Stonecash seconded the motion which passed as follows:

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

Nays: None (0)

a. Planning Board member, Lydia Broderick, has resigned her position. Mayor Stonecash moved to appoint Gary Wagner to fulfill the term of Lydia Broderick. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Kirsch (3)

Nays: Petry, Renner (2)

b. Gasper Township Trustee Eric White was in attendance. He asked that the Trustees be able to obtain the ‘face’ sheet of EMS runs to their Township. This allow for billing to be effected and re-imbursement to the Township could be obtained. This will be researched.

Mayor Stonecash moved to adjourn to executive session for the purpose of discussing matters of litigation and personnel 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 and Acting Police Chief Vaughn Oburn. Councilman Kirsch 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)

Mayor Stonecash moved that Police Chief Phil Romeo’s wages be set at the difference between his City base pay anf military pay plus 10%. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

With unanimous approval, the meeting adjourned.

____________________________________ _______________________________

Deputy Clerk of Council                                     Mayor