CLERK'S JOURNAL OF THE 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, DECEMBER 20, 2004

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, December 20, 2004, at 7:00 p.m., in Council Chambers of the Municipal Building. 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: Dave Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: Joe Renner

Also in attendance was Dave Daily, City Manager.

MINUTES

Councilman Kirsch noted that in the minutes regarding Resolution 04-74 of the December 6, 2004, meeting, his name should be deleted from that item as an appointment. With that correction, Councilman Kirsch moved to approve the Clerk's Journal Entries for the regular meeting of December 6, 2004, to accept the tapes as the official minutes for the regular December 6, 2004 meeting and to acknowledge receipt of the December financial reports. Councilman Wagner seconded the motion which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

PRESENTATION BY ZONING CODE REVIEW COMMITTEE AND RESOLUTION 04-75

Zoning Code Review Committee Vice Chairman Rick Daily presented to Council the final report from the Committee, which recommended the revised Zoning Code, known as the Unified Development Ordinance, be forwarded to Planning Board for its consideration. This resolution accepts the Committee's report and recommendation. The Zoning Code Review Committee's final report will be attached to Resolution 04-75.

Councilman Kirsch moved to adopt Resolution 04-75. Councilman Maffett seconded the motion which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

ADMINISTER OATH TO AUDIENCE

The oath was administered to the audience who wished to address Council at the Public Hearing.

ORDINANCE 04-36

This ordinance repeals the existing Property Maintenance Code and enacts the new revised Property Maintenance Code with new section numbers.

Councilman Wagner moved for the first reading, by title only, of Ordinance 04-36. Councilman Maffett seconded the motion which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

Law Director Donnette Fisher read Ordinance 04-36, by title only.

ORDINANCE 04-37

This ordinance amends the zoning for Lot 3197 from 'R-1A' to 'C-1' General Commercial. Planning Board made a recommendation for approval, stating this was a good use of the property due to changes in the area. Mayor Stonecash opened the Public Hearing. Rick Daily and Fran Alvis represent this application. The Public Hearing was closed.

Councilman Kirsch moved for the first reading, by title only, of Ordinance 04-37. Councilman Wagner seconded the motion, which passed as follows:

Ayes: Kirsch, Wagner, Stonecash (3)

Nays: None (0)

Abstain: Maffett (1)

Law Director Donnette Fisher read Ordinance 04-37, by title only.

ORDINANCE 04-38

This ordinance amends Section 121.03 of the Rules of Council, titled 'Meetings,' to require that notice of all special and emergency meetings be served on the Council members in writing. This amendment also prohibits Council from holding such an emergency meeting if any Council members are not properly notified, unless a member cannot be served because of the nature of the emergency.

Councilman Kirsch moved for the first reading, by title only, of Ordinance 04-38. Councilman Wagner seconded the motion, which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

Law Director Donnette Fisher read Ordinance 04-38, by title only.

ORDINANCE 04-39

This ordinance amends Ordinance 04-09, the annual appropriation ordinance for the year ending December 31, 2004.

Councilman Maffett moved for the reading, by title only, of Ordinance 04-39. Councilman Kirsch seconded the motion, which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

Law Director Donnette Fisher read Ordinance 04-39, by title only.

Councilman Maffett moved for the adoption of Ordinance 04-39. Councilman Kirsch seconded the motion, which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

ORDINANCE 04-40

This ordinance adopts the temporary appropriations for 2005.

Councilman Wagner moved for the reading, by title only, of Ordinance 04-40. Councilman Maffett seconded the motion, which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

Law Director Donnette Fisher read Ordinance 04-40, by title only.

Councilman Kirsch moved for the adoption of Ordinance 04-40. Councilman Wagner seconded the motion, which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

RESOLUTION 04-76

This resolution authorizes the transfer of certain 2004 general revenue funds to special revenue funds.

Councilman Kirsch moved for the adoption of Resolution 04-76. Councilman Maffett seconded the motion, which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

RESOLUTION 04-77

This resolution details the organizational listing, pay grades and staff levels for the City for 2005.

Councilman Maffett moved to adopt Resolution 04-77. The motion was seconded by Councilman Kirsch and passed as follows

Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)

Nays: None (0)

RESOLUTION 04-78

This resolution details the organizational listing, pay grades and staff levels for the Fire and EMS Divisions for 2005.

Councilman Wagner moved to adopt Resolution 04-78. The motion was seconded by Councilman Maffett and passed as follows

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

RESOLUTION 04-79

This resolution authorizes the transfer of funds from the Capital Improvement Fund to the Issue II Special Improvement Fund."

Councilman Kirsch moved to adopt Resolution 04-79. Councilman Maffett seconded the motion which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

CITY MANAGER'S REPORT

a. Councilman Maffett moved, seconded by Councilman Wagner, to approve the purchase of $25 gift certificates from Marsh to be given to all full-time City employees as a Christmas bonus. The motion passed as follows: Ayes: Kirsch, Maffett, Wagner, Stonecash (4); Nays: None (0)

b. Walmart will be accepting applications for employment at the Economic Director's office on South Barron Street, beginning on January 3. Bob Evans has completed its hiring and will open on January 17, 2005.

c. Mayor Stonecash read a letter from Rev. Morrison, thanking the City for their efforts in the Tom Hayes ceremonies conducted recently.

d. An update on the cleaning of Crystal Lake was given. Greg Frost, along with his crew, worked over the weekend and reported being approximately 60% complete.

e. The Employee Christmas lunch will be held on Wednesday, December 22, 11:30 a.m., at Station 2. Council will serve at Whispering Christmas that evening at 6:00 p.m.

OLD BUSINESS

a. The traffic signal at Barron Street and Washington-Jackson Road will be up by the end of the year.

b. More investigation is being done into the possibility of the YMCA taking over the operation of the City pool.

NEW BUSINESS

a. A Bicentennial Committee is being formed. Council requested that staff bring a resolution to Council at its next meeting to officially establish this committee. The Committee will report quarterly to Council.

b. Joanne Brandenburg brought information regarding Clarence Hook and his contributions to the City. The park on Washington-Jackson Road will be named Clarence E. Hook Memorial Park in his honor by a resolution in January.

EXECUTIVE SESSION

Councilman Maffett moved to adjourn to Executive Session to discussion personnel and legal issues with the Law Director who was present, as well as the City Manager and the Finance Director. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

Councilman Wagner moved to return to regular session. Councilman Maffett seconded the motion, which passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

Mayor Stonecash announced there was no action taken.

Councilman Wagner moved, seconded by Councilman Maffett, to award a $500 bonus and 2 1/2% pay increase each to Dave Daily, Leslie Renner and Donnette Fisher. The motion passed as follows:

Ayes: Kirsch, Maffett, Wagner, Stonecash (4)

Nays: None (0)

ADJOURN

Councilman Wagner moved to adjourn the meeting. Councilman Maffett seconded the motion which passed as follows:

Ayes: Maffett, Wagner, Stonecash (3)

Nays: Kirsch (1)

_____________________________________ _____________________________________

Deputy Clerk of Council Mayor

APPROVED AS TO FORM_____________________________________________________

Law Director