JOURNAL ENTRY 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, FEBRUARY 17, 2004

Mayor Robert Stonecash called to order the meeting of Eaton City Council on Monday, February 17, 2004, in Council Chambers of the Municipal Building, at 7:00 p.m. Father Tom Fitzsimmons delivered the invocation and led the pledge to the flag. The Deputy Clerk called the roll and found the following to be:

Present: Joseph Renner

David Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

City Manager Dave Daily was also in attendance.

MINUTES

Councilman Kirsch moved to acknowledge the Clerk's Journal Entry for February 2, 2004, accept the tapes as the official minutes for the regular meeting of February 2, 2004 and to acknowledge receipt of the January 2004 financial reports. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 04-05

It is planned for Aukerman Street to be extended north to meet with an extension of Washington-Jackson Road. The Walmart developer, RG Properties, will be constructing the extension of Washington-Jackson Road across its property. The City will then continue the construction of Washington-Jackson Road eastward to meet the Aukerman Street extension. Other infrastructure improvements, including sewer, water and street lights, will also be constructed, with the City's construction of extensions and improvements being funded through a TIF. As required, the affected school districts have been notified of this action. This emergency ordinance establishes this tax increment equivalent fund (TIF).

Councilman Kirsch moved for the second reading of Ordinance 04-05, by title only. Councilman Wagner seconded the motion which passed as follows:

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

Nays: Renner (1)

Law Director Donnette Fisher read Ordinance 04-05 by title only.

Councilman Kirsch moved to adopt Ordinance 04-05. Councilman Wagner seconded the motion which passed as follows:

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

Nays: Renner (1)

ORDINANCE 04-07

A reduction was recently made in tipping fees at the Preble County Sanitary Landfill. This ordinance passes along these savings by reducing the collection charges to the City's refuse users by $.40 per month.

Councilman Renner moved for the second reading of Ordinance 04-07, by title only. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 04-07 by title only.

Councilman Renner moved to adopt Ordinance 04-07. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 04-08

Proposed Chapter 1173 to the Planning and Zoning Code, "Sexually Oriented Businesses," will set forth locational criteria for the placement of these types of establishments within the City. Mayor Stonecash opened the public hearing on this zoning code amendment. With no testimony being presented, the public hearing was closed. This zoning code amendment came to Council with a favorable recommendation from Planning Board. This emergency ordinance adopts this Chapter 1173.

Councilman Kirsch moved for the reading of Ordinance 04-08, by title only. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 04-08 by title only.

Councilman Kirsch moved to adopt Ordinance 04-08. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 04-09

This ordinance appropriates current year expenses and other expenditures of the City during 2004.

Councilman Renner moved for the second reading of Ordinance 04-09, by title only. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 04-09 by title only.

Councilman Renner moved to adopt Ordinance 04-09. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 04-10

Neighboring townships, Washington and Dixon and part of Jackson, contract with the City annually for the provision of fire protection services and emergency medical services. One contract for both emergency services has been proposed this year. This resolution authorizes the City Manager to enter into an agreement with these three townships for these services for the year April 1, 2004 through March 31, 2005.

Councilman Renner moved to adopt Resolution 04-10. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 04-11

With the upcoming appointment of an Administrative Secretary, this resolution revises the 2004 job classifications, staffing levels and pay grades for certain positions with the Department of Law.

Mr. Wagner moved to adopt Resolution 04-11. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 04-12

The Police Division needs to replace a vehicle. This resolution authorizes the City Manager to advertise for those bids.

Mr. Renner moved to adopt Resolution 04-12. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 04-13

The City uses salt on streets during the winter season. The current contract ends October 31, 2004. This resolution authorizes the City Manager to advertise for bids for rock salt for the 2004-2005 season.

Mr. Kirsch moved to adopt Resolution 04-13. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 04-14

Certain City roadways are resurfaced each year. This resolution authorizes the City Manager to advertise for bids for the annual paving contract.

Mr. Renner moved to adopt Resolution 04-14. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 04-15

Eaton Municipal Court is in the final stages of the construction and occupying their new facility. A payment is due on the building and, with certain expenses yet to be determined, Council may authorize an inter-fund advance to handle this temporary cash flow need. This resolution authorizes the Finance Director to transfer from the General Fund to the Municipal Court Special Projects Fund.

Councilman Maffett moved to adopt Resolution 04-15. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 04-16

An annexation of 56.905 acres has been proposed which will be a part of the land that will be the intersection for Washington-Jackson Road and Aukerman Street extensions. A statement of services that will be provided by the City to this tract is required. This resolution designates the City services that will be provided to this acreage.

Councilman Kirsch moved for the adoption of Resolution 04-16. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 04-17

This resolution adopts a statement indicating that buffering, if necessary, for the same 56.905 acre parcel, as noted in Resolution 04-17, may be required.

Councilman Kirsch moved to adopt Resolution 04-17. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 04-18

This resolution consents to the proposed annexation of the same 56.905 acres as referred to in Resolutions 04-16 and 04-17.

Councilman Kirsch moved to adopt Resolution 04-18. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 04-19

Eaton Terrace Apartments, a 48-unit residential complex in the City, assists in meeting the housing needs of local extremely low-income households. This complex is in need of rehabilitation. Fairfield Homes is proposing to complete this rehabilitation and preservation and is requesting support from Council for the project so that funding assistance may be requested by the State.

Councilman Kirsch moved to adopt Resolution 04-19. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

CITY MANAGER REPORT

a. Mr. Daily reported on recent, successful police actions regarding alcoholic beverages being obtained by underage persons.

b. The 2003 annual reports were distributed. Mr. Daily reviewed some of those statistics and comparisons.

c. Eaton Municipal Court will be having an open house on Sunday, March 7.

d. The annual Home, Garden and Trade Expo will be held on March 5 and 6.

e. Fire divisions representatives will be attending a grant writing seminar on March 2.

MAYORS REPORT

a. The Preble County Mayors' Association hosted a Meet the Candidate night for the candidates who will be in the upcoming Preble County Commission primary.

b. Mayor Stonecash reported conducting a total of 45 weddings during his 2+ years.

OLD BUSINESS

a. None

NEW BUSINESS

a. Councilman Kirsch noted that City Manager Dave Daily would be presenting the State of the City address the Chamber of Commerce meet on Wednesday, March 3, at 7:30 a.m.

b. Local natural gas problems have been resolved with assistance of Chiefs Crowe and Romeo.

c. Concerns with Rumpke refuse services were discussed; specifically, co-mingling of trash and recyclables and the times that Rumpke begins their trash pick-up.

d. Commission candidate Mark Goeke was in attendance and asked for Council's support.

EXECUTIVE SESSION

Councilman Kirsch moved, seconded by Councilman Renner, to adjourn to Executive Session for the purpose of discussing legal issues and personnel matters with the Law Director who was present; also invited were City Manager Dave Daily and Finance Director Leslie Renner. The motion passed as follows:

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

Nays: None (0)

Councilman Wagner moved to return to regular session. The motion was seconded by Councilman Maffett and passed as follows:

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

Nays: None (0)

Mayor Stonecash stated that no action was taken during Executive Session.

ADJOURN

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

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

Nays: None (0)

________________________________ _____________________________________

Deputy Clerk of Council Mayor

Approved as to form_____________________________________________________

Donnette A. Fisher, Director of Law