CLERK’S JOURNAL OF THE REGULAR MEETING

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, MAY 17, 2004

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, May 17, 2004, at 7:00 p.m. in Council Chambers of the Municipal Building. Rev. Brian Deaton 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.

HONOR MAYORS

Just prior to tonight’s meeting, Mayor Robert Stonecash invited past Eaton Mayors to the Municipal Building for the unveiling of a plaque, to be on permanent display in the City Building, reflecting the names of all individuals who have served as Mayors of Eaton since the City’s founding. Former Mayors Lee Campbell, Glen Crowell, Rick Daily, Gen Acheson, Gary Russell, Fanny Kisling, Bob Ball and Pat Taylor joined Mayor Stonecash at this event. Former Mayor Jack Cobb was not able to attend. At tonight’s meeting, Mayor Stonecash read a proclamation honoring Eaton’s former Mayors and presented each individual with a copy of the proclamation.

PROCLAMATION

Mayor Stonecash read a proclamation for the upcoming Memorial Day weekend, May 27th through May 31st, to be a “Weekend of Remembrance” for all veterans and persons currently serving our Country, but particularly for the World War II Vets.

MINUTES AND FINANCIAL REPORTS

Councilman Kirsch moved to approve the Clerk’s Journal Entry for the April 9, 2004 regular meeting, the May 7, 2004 special meeting and May 12, 2004 special meeting; to accept the tapes as the official minutes for the April 9, 2004 regular meeting, and the May 7, 2004 and May 12, 2004 special meetings; and to acknowledge receipt of the financial reports for April. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 04-12

The City desires to participate in the Ohio Department of Transportation Cooperative Purchasing Program. This ordinance authorizes the City Manager to enter into the necessary paperwork to participate in this program.

Councilman Maffett moved for the second reading of Ordinance 04-12. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None

Law Director Donnette Fisher read Ordinance 04-12 by title only.

Councilman Kirsch moved to adopt Ordinance 04-12. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None

OATH ADMINISTERED TO AUDIENCE

The Deputy Clerk administered the oath to the audience who wished to address Council on the public hearing issues.

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 be assigned to ‘C-1,' General Commercial. Lots 3313 through 3316 are to be assigned to ‘P-1,’ Professional Services. The public hearing was opened and, with no comment, was closed.

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

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

Nays: None

Law Director Donnette Fisher read Ordinance 04-14 by title only.

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.” The public hearing was opened. Applicant Mike Hiles addressed Council regarding this change to the City’s approval process of allowing home occupations. The public hearing was closed.

Councilman Kirsch moved for the first reading of Ordinance 04-15. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None

Law Director Donnette Fisher read Ordinance 04-15 by title only.

ORDINANCE 04-16

It has been determined that adjustments need to made to certain expenditures and revenues within the City Annual Appropriation Ordinance. This ordinance adjusts the appropriations to reflect these anticipated changes by amending Ordinance 04-09.

Councilman Wagner moved for the reading of Ordinance 04-16. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None

Law Director Donnette Fisher read Ordinance 04-16 by title only.

Councilman Maffett moved for the adoption of Ordinance 04-16. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None

ORDINANCE 04-17

This ordinance amends Section 505.16 of the City’s Codified Ordinances, titled “Control of Dogs.” The public hearing was opened. Little League President Cy French spoke on this proposed ban of dogs at the Little League Fields. The City recently passed a resolution banning dogs at sporting events at the Little League Fields and the DP&L complex; this ordinance will also ban dogs at sporting events at those locations and details fines for violations of this restriction. It was hoped that the Little League would enforce rules, not Council. Mr. French stated that their by-laws can be amended so as to control dogs with this being brought to Council at the June 21 Council meeting. The public hearing was closed.

Councilman Kirsch moved for the first reading of Ordinance 04-17. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None

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

RESOLUTION 04-37

Bids for the municipal paving project were opened on April 14, 2004. Two bids were received, and this resolution awards the contract to Walls Brothers in the total amount of $89,322.32.

Councilman Wagner moved to adopt Resolution 04-37. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-38

Bids for the purchase of a new dump truck were opened on May 12, 2004. One bid was received and was determined to be at the state purchase price of $51,699.60, as submitted by Stoops Freightliner of Dayton, Ohio. This resolution awards the contract to Stoops.

Councilman Kirsch moved to adopt Resolution 04-38. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-39

Bids for the West Chicago Street Improvements Project were opened on May 12, 2004. Two bids were received with Wagner Paving being the lowest bid in the total amount of $48,412.30. This resolution awards the contract for this project, which is the CDBG project for this year.

Councilman Kirsch moved to adopt Resolution 04-37. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-41

To assure proper installation and construction of infrastructure during various construction projects in the City, City Council determined it to be in the best interest of the City to hire a Construction Inspector. Interviews were conducted by the City Manager and the City Engineer, and they recommended that a professional service contract be offered to Ward L. Johnson, P.E. This resolution authorizes the City Manager to execute a professional services contract with Mr. Johnson.

Councilman Kirsch moved to adopt Resolution 04-41. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-43

Resolution 04-08 specified amended and restated details for the pick-up of payroll reduction contributions to the Ohio Police and Fire Pension Fund. After filing that paperwork, the OP&F Board determined that two separate resolutions, one for Police Division employees and one for Fire Division employees were needed. This resolution confirms the amendments and restated details for the pick-up of the payroll reduction contributions for Police Division employees.

Councilman Wagner moved to adopt Resolution 04-43. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-44

Resolution 04-08 specified amended and restated details for the pick-up of payroll reduction contributions to the Ohio Police and Fire Pension Fund. After filing that paperwork, the OP&F Board determined that two separate resolutions, one for Police Division employees and one for Fire Division employees. This resolution confirms the amendments and restated details for the pick-up of the payroll reduction contributions for Fire Division employees.

Councilman Maffett moved to adopt Resolution 04-44. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-45

To accommodate an increased workload in the EMS Division, it has been determined to add a full time Assistant Chief. This resolution amends the 2004 job classifications, staffing levels and pay grades in the EMS Division to add this position.

Councilman Kirsch moved to adopt Resolution 04-45. Councilman Maffett seconded the motion, which passed as follows:

Ayes: Kirsch, Maffett, Wagner (3)

Nays: None (0)

Abstain: Stonecash (1)

RESOLUTION 04-46

The addition of a full-time Assistant EMS Chief, as detailed in the previous resolution, needs to be reflected in the organizational listing for personnel in the Divisions of Fire and Emergency Medical Service; it is also desired to increase the monthly stipend for certified medical technicians each month who are on ‘stand-by’ status. This resolution authorizes these amendments to this organization listing, and also states the authorized number who can serve on ‘stand-by.’

Councilman Kirsch moved to adopt Resolution 04-46. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

CITY MANAGER’S REPORT

a. “Welcome” signs at the entrances of the City was discussed. Details will be continue to be gathered and discussed at future meetings.

b. Permission was granted for Rotary International to place banners on light poles for their centennial in 2005.

c. Approval was given for Eldorado Fire Department to purchase the Fire Department’s air compressor that is no longer needed. Legislation will be presented at the June meeting.

d. An addition to the Public Maintenance Barn was included in the 2004 budget. After evaluation of their needs, Public Maintenance Supervisor Greg Frost has decided to modify the request by adding a pole barn-type addition at a different location instead of the quite costly steel structure that was proposed. With the reduction in cost for the addition, it has been determined that a lift would be helpful in servicing City vehicles. Exact details regarding costs will be presented at a future meeting.

e. Work will begin soon on the Hillcrest Sanitary Sewer Project by CK Excavating.

f. A Parks and Recreation Board meeting has been scheduled for Monday, May 24th, at 4:30 p.m.

g. Police Officer Nick Freisthler continues his current tour of duty in Iraq and called Chief Romeo and City Manager Daily recently. He is doing well and looks forward to his return home anticipated to be in October. Police Officer Brian Carpenter will be activated on June 3rd and is expected to return home in March 2005.

h. A meeting with the Aukerman Street residents is scheduled for Tuesday, May 25th, 7:00 p.m., at Station 2.

i. The Zoning Code Review Committee will meet on Tuesday, May 18th, at 6:30 p.m, Station 2.

j. City Manager Dave Daily read a letter from the Marie Dwyer Recovery Center expressing appreciation to the Fire Division for their recent response to that location.

MAYOR’S REPORT

a. Construction of the Pheasant Run development is progressing. Kent Garber reports interested purchasers also continue to increase.

b. The Preble County Mayors Association met recently. Preble County Engineer Steve Simmons presented a program regarding grants that may be available to the villages. The next meeting will be June 10th.

c. A joint CIC Board/Ohio Gateway Development Committee meeting is scheduled for May 28^th, 7:00 a.m., regarding the proposed economic developer position.

OLD BUSINESS

a. Assessment projects on Aukerman Street and Camden Road/West Main Street were discussed. The policy for assessments on both of these projects will be for property owners whose property is not being used for residential purposes to be assessed for the actual cost of the improvements to their property. Property owners whose property is being used for residential purposes will be assessed the actual cost of the improvements or an amount equal to the average cost of all residential properties in the project, whichever is smaller, plus any additional costs, such as for driveway access, carriage walks, etc. Residents will be provided three options to pay the assessment: (1) Pay the amount upon completion of the project; or (2) Attach the assessed amount to your property tax bill over a five-year period; or (3) Attach the assessed amount to your property tax bill over a ten-year period. Property owners will not need to choose the payment option until the final assessment is determined and billed.

The existing West Main Street sidewalk at the cemetery will be replaced by City workers and will be completed as a joint project with Washington Township and the City.

NEW BUSINESS

a. Denny Meyer, 304 Evergreen, discussed a problem he has with a large number of cats in his neighborhood. The Police Chief will look into this problem and will be working with Mr. Meyer.

b. Rhonda Pennington, 1201 Aukerman Street, discussed a problem with on-street parking. North Court Street makes a T-intersection in front of her home and no parking should be allowed within a certain radius of this intersection. Currently, the curb does not reflect this no parking requirement and, if enforced, Mrs. Pennington will lose the availability of on-street parking in front of her residence. With Aukerman Street being reviewed by a traffic engineer, state standards will be reviewed and corrections of this sort will be made at the time the design is complete for this project.

c. It was reported that Grandview has purchased 80 acres to the rear of the YMCA and will be expanding its outpatient services.

d. The walkway between the City’s Somers Street parking and North Barron Street needs attention.

EXECUTIVE SESSON

Councilman Kirsch moved to adjourn to Executive Session to discuss legal issues with the Law Director, who was present, as well as the City Manager, Finance Director, Engineer, Public Works Superintendent and Public Maintenance Supervisor. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

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

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

Nays: None (0)

Mayor Stonecash announced there was no action taken.

ADJOURN

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

Ayes: Maffett, Wagner, Stonecash (3)

Nays: Kirsch (1)

_______________________________ ____________________________________

Deputy Clerk of Council Mayor

Approved as to form_____________________________________________________

Director of Law