CLERK’S JOURNAL OF THE REGULAR MEETING OF THE COUNCIL

CLERK’S JOURNAL OF THE REGULAR MEETING OF THE COUNCIL

OF THE CITY OF EATON, OHIO, HELD IN COUNCIL CHAMBER

OF THE MUNICIPAL BUILDING, AT 7:00 P.M., ON MONDAY, JUNE 21, 2004

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, June 21, 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: Joe Renner

Dave Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: None

Also in attendance was Dave Daily, City Manager.

RESOLUTION 04-54

John Petry is phasing out his duties with the Department of Law after some 30+ years with the City. Resolution 04-54 honors John Petry’s career as the City of Eaton’s Director of Law and City Prosecutor. Councilman Kirsch moved to adopt Resolution 04-54, seconded by Councilman Renner, and passed as follows:

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

Nays: None (0)

Mayor Stonecash read the resolution and presented it to John; Municipal Court Judge Paul Henry also spoke, reminiscing about John’s involvement with the Court during his career.

MINUTES AND FINANCIAL REPORTS

Councilman Kirsch moved to approve the Clerk’s Journal Entry for the May 17, 2004 regular meeting; to accept the tapes as the official minutes for the May 17, 2004 regular meeting; and to acknowledge receipt of the financial reports for May. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

Abstain: Renner (1)

ORDINANCE 04-14

Annexation of 6.441 acres along North Barron Street was approved by Council in February. This land is a part of the Preble Crossing Plat. This ordinance assigns permanent zoning to these lots. Lots 3307 through 3311, Lot 9, Lot 3317, Lot 3318 and Outlot 201 are being assigned ‘C-1,’ General Commercial. Lots 3313 through 3316 are being assigned ‘P-1,’ Professional Services.

Councilman Wagner moved for the second reading of Ordinance 04-14, 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 04-14, by title only.

Councilman Kirsch moved for the adoption of Ordinance 04-14. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: Renner (1)

ORDINANCE 04-15

This ordinance repeals in its entirety existing Section 1171.10 and enacts Section 1163.05 of the City’s Planning and Zoning Code, titled “Home Occupations.”

Councilman Maffett moved to amend Ordinance 04-15, to add 1163.05(d)(6) to read as follows: “Firearms Dealers: Any person wishing to operate a firearms dealer business as a home occupation must have a current and valid Federal firearms dealer’s license before conducting any such business. Any Federal firearms “stocking” type license shall automatically be considered a Home Occupation Type B and shall require a conditional use permit.” Councilman Renner seconded the motion.

Councilman Renner then made a motion to amend the motion to amend by adding to Councilman Maffet’s motion to amend the deletion of “animal grooming parlors” from 1163.05(e)(9) and the deletion of 1163.05(e)(14), “barber and beauty shops.” Councilman Maffet seconded the motion to amend the motion to amend.

Mayor Stonecash called for the vote on the motion to amend the motion to amend, which passed as follows:

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

Nays: None (0)

Mayor Stonecash then called for the vote on the motion to amend, to add 1163.05(d)(6) and delete a part of 1163.05(e)(9) and to delete 1163.05(e)(14), which passed as follows:

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

Nays: None (0)

Councilman Wagner moved for the second reading of Ordinance 04-15, as amended, 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 04-15, by title only.

Councilman Renner moved for the adoption of Ordinance 04-15. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 04-17

This ordinance amends Section 505.16 of the City’s Codified Ordinances, titled “Control of Dogs.”

Councilman Renner moved to amend Ordinance 04-17, by deleting 505.16(b). Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

Councilman Renner moved for the second reading of Ordinance 04-17 as amended, by title only. Councilman Maffett seconded the motion, which passed as follows:

Ayes: Renner, Kirsch, Maffett (3)

Nays: Wagner, Stonecash (2)

Law Director Donnette Fisher read Ordinance 04-17, by title only.

Councilman Renner moved for the adoption of Ordinance 04-17. Councilman Kirsch seconded the motion, which was denied by the following vote:

Ayes: None (0)

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

ORDINANCE 04-18

Frizzell Construction’s Meadowbrook Estates Subdivision, Section 4, has been recommended for approval by the Planning Board. This ordinance approves this 6.449 acre section and accepts the dedications.

Councilman Wagner moved for the first reading of Ordinance 04-18, 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 04-18, by title only.

ORDINANCE 04-19

The City’s Fire Division has an air compressor that is no longer needed and is valued in excess of $1,000. The Village of Eldorado desires to purchase it. This ordinance authorizes the sale of this property to Eldorado.

Councilman Renner moved for the first reading of Ordinance 04-19, 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 04-19, by title only.

RESOLUTION 04-40

This resolution authorizes the City Manager to enter into a one-year agreement with the Preble County Area Community Improvement Corporation (CIC) for economic development services and commits the City to one-year’s funding for a countywide economic developer.

Councilman Renner moved for the adoption of Resolution 04-40. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

Abstain: Kirsch (1)

RESOLUTION 04-47

This resolution will be presented at later meeting.

RESOLUTION 04-48

Bids were opened for the walk extension project for Camden Road and West Main Street in accordance with the notice to bidders. This resolution awards the bid to R.B. Jergens Contractors Inc., as the lowest and best bidder, in the total bid amount of $225,070.60.

Councilman Wagner moved for the adoption of Resolution 04-48. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-50

The Department of Safety’s 1/2% income tax levy expires on December 31, 2004. This resolution authorizes the issue of renewal of this levy to be placed on the November 2, 2004 general election ballot for a three-year renewal period.

Councilman Renner moved for the adoption of Resolution 04-50. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-51

The Aukerman Street Improvements Project will begin in the near future. As a part of these improvements, it will be necessary for abutting property owners to construct/repair certain sidewalks, curbs and gutters between North Street and East Main Street on Aukerman Street. This “resolution of necessity” details the timeline for those property owners to complete the work or, if not completed, the City will cause the work to be done and the costs assessed, in accordance with Ohio law.

Councilman Kirsch moved for the adoption of Resolution 04-51. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-52

The Walk Extension Project for the West Main Street/Camden Road vicinity will begin in the near future. As a part of this project, it will be necessary for abutting property owners to construct sidewalks. This “resolution of necessity” details the timeline for those property owners to complete the work or, if not completed, the City will cause the work to be done and the costs assessed, in accordance with Ohio law.

Councilman Renner moved for the adoption of Resolution 04-52. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-53

Each year, the City’s cash balances and debt schedules are submitted to the Preble County Budget Commission. This resolution authorizes the City Manager to submit this information.

Councilman Kirsch moved for the adoption of Resolution 04-53. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

CITY MANAGER’S REPORT

a. The Church of the Brethren will be re-locating on St. Rte. 732. There will be a meeting this Thursday with the Church, their engineers, City and County staff and the neighboring property owners regarding this project.

b. Approval to bid a building expansion for the Public Maintenance Division was approved in 2003. Public Maintenance Supervisor Greg Frost had requested some changes for that building project and the addition off a vehicle lift estimated at $8,000; total costs are estimated at $60,000. The award is anticipated at the August Council meeting.

c. Long-time Fort St. Clair Caretaker, John Stover, has officially announced his retirement effective August 31, 2004. A plan will be brought back to review with Council on any replacement plans for this position.

d. Eaton Firefighter and EMT, Brian Smith, accepted a position as a civilian firefighter in Iraq and left this morning.

e. Police Chief Phil Romeo reported the Health Department has donated a defibrillator to the Police Division and EMA has purchased first responder kits for chemical or biological emergencies for the Police Division.

f. The annual municipal paving project will begin on June 30th, and will be finished in the very early part of July.

g. Downtown Eaton Inc. will be holding its first “Antiques on the Square” on Saturday, June 26 from 9:00 a.m. to 4:00 p.m.

h. Recently, the Dayton Daily News released a story regarding public records law. Comments were made by Mr. Daily, Chief Romeo and Law Director Donnette Fisher. Written responses will be sent regarding this article as well as the reference to the Leads security issue brought up in another article.

OLD BUSINESS

a. Chief Romeo talked with all the involved parties regarding the “cat problem” discussed at the previous meeting and the situation is being worked out.

NEW BUSINESS

a. Fran Alvis, representing the HIT Foundation, reviewed that organization’s purpose.

b. Councilman Wagner inquired about a re-addressing situation on North Barron Street. Law Director Fisher will respond to the owner.