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MINUTES OF THE JOINT MEETING OF THE COUNCIL OF THE
CITY OF EATON, OHIO, AND THE TRUSTEES OF WASHINGTON TOWNSHIP, OHIO,
HELD IN COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING,
AT 6:45 P.M., ON TUESDAY, JANUARY 20, 2004
Mayor Robert Stonecash called to order the joint meeting of Eaton City Council and the Washington Township Trustees on Tuesday, January 20, 2004, in Council Chambers of the Municipal Building, at 6:45 p.m. 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
Rodger Clark
John Pence
James Ferriell
Absent: None
Also in attendance were: David Daily, City Manager, Leslie Renner, Clerk of Council, Charles Christman, Township Clerk and Brad Duke, Mound Hill Union Cemetery Sexton.
Mayor Stonecash welcomed the officials in attendance. The purpose of this meeting is to appoint a citizen member at-large for the Mound Hill Union Cemetery Board. The term of Mr. Lester Parks expired on December 31, 2003 and Mr. Parks declined a re-appointment to the Board. Mr. Duke explained that he had confirmed with Mr. Robert Ball that he would accept the appointment of citizen at-large on the Mound Hill Union Cemetery Board.
Councilman Kirsch moved to appoint Robert Ball as the citizen at-large member of the Mound Hill Union Cemetery Board. Councilman Maffett seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash, Clark, Pence, Ferriell (8)
Nays: None (0)
There being no other discussion, Councilman Renner moved to adjourn the meeting. Councilman Maffett seconded the motion which passed unanimously.
___________________________________________
Deputy Clerk of Council
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 TUESDAY, JANUARY 20, 2004
Mayor Robert Stonecash called to order the meeting of Eaton City Council on Tuesday, January 20, 2004, in Council Chambers of the Municipal Building, at 7:00 p.m. Mr. Tom Hanes 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
Absent: None
City Manager Dave Daily was also in attendance.
WELCOME
Mayor Stonecash welcomed the standing-room only assembly which included students from the high school government class and many friends and family of tonight's honorees.
RESOLUTION 04-01
After serving for over 25 years with the Eaton Emergency Squad, Larry Paxson retired on December 31, 2003. This resolution honors Mr. Paxson's dedication to the City.
Councilman Kirsch moved for the adoption of Resolution 04-01 and for Mayor Stonecash to read it in its entirety. Councilman Renner seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
EMS Chief Marsha Stonecash reflected on some highlights of Larry Paxson's EMS career. Mayor Stonecash read Resolution 04-01 and presented a copy to Mr. Paxson.
RESOLUTION 04-02
After serving for over 25 years with the Eaton Fire Division, Tom Jordan retired on December 1, 2003. This resolution honors Mr. Jordan's dedication to the City.
Councilman Kirsch moved for the adoption of Resolution 04-02 and for Mayor Stonecash to read it in its entirety. Councilman Maffett seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
Chief Rick Crowe talked about some incidents in which Firefighter Jordan and Engineer Jordan participated and presented him with a plaque containing his badges. Mayor Stonecash read Resolution 04-02 and presented a copy to Mr. Jordan.
RESOLUTION 04-03
After serving for over 25 years with the Eaton Fire Division, Fred Stall retired on December 31, 2003. This resolution honors Mr. Stall's dedication to the City.
Councilman Renner moved for the adoption of Resolution 04-03 and for Mayor Stonecash to read it in its entirety. Councilman Wagner seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
Chief Rick Crowe also reviewed Fred's career with the Fire Division. Mr. Stall's grandson, Brian Smith, a current Eaton Firefighter, presented Fred with the plaque containing his badges. Mayor Stonecash read Resolution 04-03 and presented a copy to Mr. Stall.
SPECIAL RECOGNITION
Mayor Stonecash, personally and on behalf of Council, thanked both the Fire and Squad Divisions for all their hard work and dedication to residents. Not wanting to leave the Police Division out of the ceremonies, Mayor Stonecash honored Police Chief Phil Romeo on the occasion of his 44th birthday.
Mayor Stonecash called for a short recess.
SWEAR-IN AUDIENCE
The oath was administered to the audience by the Deputy Clerk.
MINUTES AND FINANCIAL REPORTS
Councilman Maffett moved to approve the minutes of the regular Council meeting of December 15, 2003, to acknowledge the Clerk's Journal of the special Council meeting of January 9, 2004, to accept the tapes as the official minutes of the special Council meeting of January 9, 2004 and to acknowledge receipt of the December financial reports. Councilman Kirsch seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Wagner, Stonecash (4)
Nays: None (0)
Abstain: Maffett (1)
ORDINANCE 03-18
This ordinance reflects a rezoning request by the Preble County Commissioners for 12.23 acres of land at 615 Hillcrest Drive, Part Outlot 121. This is the site of the former Children's Home and it is proposed to be the new location for the Health Department. This is currently zoned 'R-1A' Single Family Residential and 'P-1' Professional Services District is requested. Commissioner Stan Spencer and Jim Douglass from the Health Department represented this request. At their November 11, 2003 meeting, Planning Board voted to recommend approval of this request.
Councilman Kirsch moved for the second reading, by title only, of Ordinance 03-18. 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 03-18, by title only.
Councilman Kirsch moved to adopt Ordinance 03-18. Councilman Wagner seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
ORDINANCE 03-19
This ordinance reflects a rezoning request by the Preble County Commissioners for 1.980 acres of land at 601 Hillcrest Drive, Part Outlot 121. This is the current site of the existing Fine Arts Center and there is no change of use proposed for this parcel. This is currently zoned 'R-1A' Single Family Residential and 'P-1' Professional Services District is requested. Commissioner Stan Spencer represented this request. At their November 11, 2003 meeting, Planning Board voted to recommend approval of this request.
Councilman Wagner moved for the second reading, by title only, of Ordinance 03-19. 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 03-19, by title only.
Noting this request is in conformity with the City's Comprehensive Development Plan, that the 'P-1' zoning designation is in more conformity with the area and more appropriate for the use, Councilman Renner moved to adopt Ordinance 03-19. Councilman Kirsch seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
ORDINANCE 03-20
This ordinance reflects a rezoning request by Eric Deeter for Lots 1915, 1916, 1917 and Outlot 142 at 1428 East Main Street. This is the site of the former Southwestern Bowl which has not been in operation since sustaining fire damage in October 2001. This is currently zoned 'C-3' Community Commercial and 'C-1' General Commercial is requested. Owner Eric Deeter and Attorney Dirk Earley represent this request. At their November 11, 2003 meeting, Planning Board voted to recommend denial of this request.
Councilman Renner moved for the second reading, by title only, of Ordinance 03-20. 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 03-20, by title only.
Noting this request does not meet the criteria for approval of a zoning amendment and upholding Planning Board's recommendation for denial, Councilman Renner moved to deny Ordinance 03-20. Councilman Wagner seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
Mayor Stonecash called for a short recess.
ORDINANCE 04-01
This ordinance reflects a rezoning request by RG Properties for Lots 1786 and 1787 at 1706 and 1708 North Barron Street. Currently, zoned 'R-1A' Single Family Residential, a banking facility is proposed for these two lots with a zoning designation of 'C-3' Community Commercial being requested. Mr. Bo Gunlock representing RG Properties and Attorney Chuck Hubler represent this request. At their December 9, 2003 meeting, Planning Board voted to recommend approval of this request.
Councilman Wagner moved for the first reading, by title only, of Ordinance 04-01. Councilman Kirsch seconded the motion which passed as follows:
Ayes: Kirsch, Maffett, Wagner, Stonecash (4)
Nays: Renner (1)
Law Director Donnette Fisher read Ordinance 04-01, by title only.
Mayor Stonecash opened the public hearing. Attorney Chuck Hubler reviewed these lots location, proposed use and zoning designation. Margaret Sullivan, 104 Fudge Avenue, discussed a storm water situation in the vicinity. Pat Taylor objected to allowing any retail development in this area of the City. Mayor Stonecashclosed the public hearing.
Discussion among Council included that the 'satellite' issues were being handled well, wished to uphold Planning Board's recommendation for approval and stated they believe this rezoning will be good for the community. Mayor Stonecash, having been involved with the Federal mediation, believed that negotiations were good for the City, that staff did well in looking out for the best interests of the community and that this project will bring tax revenues and jobs to the City. There will be problems, but problems are dealt with everyday and he looks forward to getting on with this project.
ORDINANCE 04-02
This ordinance is to approve the final plat and acceptance of dedications on the plat for Preble Crossing as applied for by RG Properties. This is a 36.063 acres development located off of North Barron Street and includes the proposed extension of Washington-Jackson Road. Many of the details of this plat are pursuant to the Federal Court Order of April 23, 2003. Mr. Gunlock and Mr. Hubler represent this request. At their January 13, 2004 meeting, Planning Board voted to recommend approval of this plat.
Councilman Kirsch moved for the first reading, by title only, of Ordinance 04-02. Councilman Maffett seconded the motion which passed as follows:
Ayes: Kirsch, Maffett, Wagner, Stonecash (4)
Nays: Renner (1)
Law Director Donnette Fisher read Ordinance 04-02, by title only.
ORDINANCE 04-03This ordinance is to accept the annexation of 6.441 acres on North Barron Street upon application by Eaton Associates, Ltd., Wal-Mart Stores East , LP, Randall Gunlock, Glenn Gunlock, Sam Warwar and Mary Synder. Mr. Gunlock and Mr. Hubler represent this request. This acreage currently contains primarily single family homes along State Route 127 North.
Councilman Kirsch moved for the first reading, by title only, of Ordinance 04-03. Councilman Wagner seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
Law Director Donnette Fisher read Ordinance 04-03, by title only.
ORDINANCE 04-04
This ordinance is to amend the City's Codified Ordinances, Chapter Section 921 "Wastewater Collection and Treatment," Section 921.32 entitled "Rates." It is proposed to adjust the rates charged for use of the sanitary sewer and sewage treatment systems to accommodate associated operational, maintenance and expansion costs. Comparison of area sewer rates, when factoring in the proposed higher rate, still shows Eaton residents to be paying low rates for this service.
Councilman Renner moved for the first reading, by title only, of Ordinance 04-04. 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 04-04, by title only.
RESOLUTION 04-04
Along with the proposed Walmart development and in accordance with the Federal Court Order, Washington-Jackson Road and Aukerman Street are proposed to intersect. The City's portion of this project is to extend Aukerman Street north from Eaton-Lewisburg Road to the point that it meets the proposed Washington-Jackson Road extension. This resolution authorizes the advertisement for bidding of the City's portion of this project, construction of the Aukerman Street extension and an extension of Washington-Jackson Road from Preble Crossing's east property line to Aukerman Street and is anticipated to be awarded in March.
Councilman Kirsch moved to adopt Resolution 04-04. Councilman Wagner seconded the motion which passed as follows:
Ayes: Kirsch, Maffett, Wagner, Stonecash (4)
Nays: Renner (1)
RESOLUTION 04-05
Aukerman Street, from Main Street to North Street is set to be improved by Issue 2 funding over the next year. As a part of that project, the 4" water lines will be replaced with 8" lines. This resolution authorizes the advertisement for bidding for the Aukerman Street Water Line Improvement Project.
Councilman Kirsch moved to adopt Resolution 04-05. Councilman Renner seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
RESOLUTION 04-06
Eaton Community Schools and Preble County Educational Service Center are both in process of constructing new facilities in the Hillcrest Drive/Camden Road area. The Health Department is proposed to occupy the former Children's Home and the Church of the Brethren are proposing a construction project in the near future, both in the same area. To provide sanitary sewer services to these new and proposed facilities, the existing sewer lines will need to be extended. After conversation with each of the entities, it has been agreed that the City will extend the infrastructure and will fund the initial cost of this project. Each of the four property owners will then reimburse the City for their portion of that sanitary sewer extension. This resolution authorizes the City Manager to enter into separate agreements with Eaton Community School Board, Preble County Commissioners, the Brethren Church and the Preble County Educational Service Center and details the scope and funding for this sanitary sewer extension.
Councilman Renner moved to adopt Resolution 04-06. Councilman Kirsch seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
RESOLUTION 04-07
As described in Resolution 04-06, the City will be extending the existing sanitary sewer bids on Hillcrest Drive. This resolution authorizes the advertisement for bidding for the Hillcrest Drive/State Route 732 Sanitary Sewer Extension Project.
Councilman Renner moved to adopt Resolution 04-07. Councilman Kirsch seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
RESOLUTION 04-08
Some of the City's Public Safety Department employees participate in the Ohio Police and Fire Pension Fund. There have been some minor modifications to ORC Section 742.32 which regulates the recognition of pick-up of contributions for that Fund. These changes do not alter the City's methods of payroll contributions of these employees, but the OP&F Board has requested that legislation be adopted to ensure compliance with IRS regulations. This resolution details the amended and restated details for the pick-up of these payroll reduction contributions.
Councilman Renner moved to adopt Resolution 04-08. Councilman Kirsch seconded the motion which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
CITY MANAGER REPORT
a. City Manager Dave Daily called on Police Chief Phil Romeo to review a new process for safety department communication, 'reverse 911.' Chief Romeo explained the project now named 'Preble Notification System 1-1-9.'
b. An inspection for 'substantial completion' of the new Municipal Court facility is scheduled for Wednesday, January 21, 2004. Current plans are for the Court to be in operation on February 2, 2004.
c. At the January 9 special meeting of Council, agreement with the City Manager to offer Greg Frost an offer of employment for the City's Public Maintenance Supervisor position was approved. Mr. Frost has accepted this offer and will begin his work with the City effective February 1, 2004.
d. Patrol Office Nick Freisthler has recently been activated to his duties with the U.S. Marine Military Police. He just returned from duty in August and current orders state another 7-month tour for Nick which include being stationed in Iraq. Prayers and best wishes are extended to Nick and his family and hope for his speedy and safe return home next fall.
e. The County's Solid Waste reported that the recycle bins have been removed from the Northedge Shopping Center parking lot. They have asked that the City to consider placing these recycling containers on City property, in the vicinity of Station 2 on West Lexington Road. More information will be obtained to report at the February 2nd meeting.
f. Mr. Daily requested a Council meeting for February 2, the first Monday of the month, at 7:00 p.m.
g. Councilman Wagner inquired of the status of the Geraldine Ware (Morrow) appropriation. A hearing was held in December to determine necessity of the land appropriation in the area of the City's Black Plant operation on Stover Road. The Judge had allowed both attorneys to prepare briefs by January 12, 2004. Responses to those briefs are due Monday, January 26, 2004. The Judge will give a ruling as to the necessity, then a jury will be empowered. At the earliest, the trial could be scheduled by mid- to late-February.
OLD BUSINESS
None.
NEW BUSINESS
None.
EXECUTIVE SESSION
Councilman Renner moved to adjourn to Executive Session to discuss legal issues and personnel matters with the Law Director who is present. Also invited were City Manager Dave Daily and Finance Director Leslie Renner. Councilman Maffett seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
Councilman Wagner moved to adjourn 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 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, Wagner, Stonecash (4)
Nays: None (0)
_____________________________ _______________________________________
Deputy Clerk of Council Mayor
Donnette A. Fisher, Director of Law