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CLERK’S JOURNAL OF THE REGULAR SESSION OF THE COUNCIL
OF THE CITY OF EATON, OHIO, HELD IN COUNCIL CHAMBERS
OF THE MUNICIPAL BUILDING, AT 7:00 P.M., ON MONDAY, AUGUST 15, 2005
Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, August 15, 2005, at 7:00 p.m., in Council Chambers of the Municipal Building. Father Fitzsimmons 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 as Dave Daily, City Manager.
MINUTES
Councilman Renner moved to approve the Clerk’s Journal entries for the regular meeting of July 18, 2005, to accept the tapes as the official minutes for the regular meeting of July 18, 2005, and to acknowledge receipt of the July financial reports. Councilman Kirsch seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
APPEARANCE OF HEATHER BEATTY
Heather Beatty presented a proposal for an “Eaton - Sierra Leone Partnership.” She explained that Sierra Leone is a part of Africa that is suffering from extreme poverty. It is hoped that with this partnership, awareness of the plight of the citizens of Sierra Leone will increase, and sharing of our resources will result in a new beginning for the Sierra Leone. A resolution of support will be presented at the September Council meeting.
ORDINANCES 05-13, -14, -15, -16
These four ordinances are in reference to the revision of the zoning code, the Unified Development Ordinance.
Councilman Kirsch moved to form a committee-of-the-whole, comprised of all five Council members, and to also include the Planning Board Chairman, City Manager, City Engineer and Law Director to review the UDO over the next few months. Councilman Renner seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
Ordinance 05-13 enacts Chapters 1101, 1103, 1105 and 1115 of the new UDO, and repeals their counterparts of the existing zoning code. Councilman Maffett moved for the first reading of Ordinance 05-13, 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 05-13, by title only.
Ordinance 05-14 enacts Chapter 1107 of the new UDO, and repeals its counterparts of the existing zoning code. Councilman Maffett moved for the first reading of Ordinance 05-14, 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 05-14, by title only.
Ordinance 05-15 enacts Chapter 1109 of the new UDO, and repeals its counterpart of the existing zoning code. Councilman Maffett moved for the first reading of Ordinance 05-15, by title only. 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 05-15, by title only.
Ordinance 05-16 enacts Chapters 1111 and 1113 of the new UDO, and repeals their counterparts of the existing zoning code. Councilman Maffett moved for the first reading of Ordinance 05-16, 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 05-16, by title only.
ORDINANCE 05-17
This ordinance makes modifications to Chapter 555 of the Codified Ordinances, titled “Weeds,” to mirror changes made in the Property Maintenance Code and to streamline the methods of enforcement.
Councilman Kirsch moved for the first reading of Ordinance 05-17, by title only. 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 05-17, by title only.
RESOLUTION 05-39
This resolution confirms the Safety Department’s use of a nationwide, uniform response to incidents (NIMS), as required by the Governor’s Executive Order.
Councilman Kirsch moved for the adoption of Resolution 05-39. Councilman Maffett seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
RESOLUTION 05-40
A citizen has requested evaluation of the speed limit along a portion of Richmond Pike. This resolution requests ODOT to determine and declare a reasonable and safe speed limit along this section of roadway.
Councilman Kirsch moved for the adoption of Resolution 05-40. Councilman Maffett seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
RESOLUTION 05-41
It has been determined to initiate billing for EMS services. This resolution authorizes the City Manager to enter into an agreement with the billing company, Healthserve, LLC.
Councilman Kirsch moved for the adoption of Resolution 05-41. Councilman Maffett seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
RESOLUTION 05-42
Vonderhaar Farms, the owner of a business on Barron Street, currently utilizes City-owned property for a driveway access off of East Lexington Road into their business. Vonderhaar Farms would like to make some improvements to this drive and this resolution authorizes the City Manager to enter into agreement with Vonderhaar Farms for use of City land for purpose of access.
Councilman Renner moved for the adoption of Resolution 05-42. Councilman Kirsch seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
RESOLUTION 05-43
The City’s official zoning map needs to be computerized and updated to bring it in line with the new UDO. This resolution authorizes the City Manager to enter into agreement with Kramer and Associations for the preparation of new zoning map.
Councilman Renner moved for the adoption of Resolution 05-43. 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 County Commissioners will be in attendance at the September Council meeting. Some topics to be discussed will be the 127/70 project and the proposed plan for the landfill.
b. The Deputy Director of the Preble County Emergency Management Agency has resigned. During the three to four month search for a permanent replacement, Rick Crowe will assume that position for EMA in addition to his EFD duties.
c. The Police Division will be receiving a grant, along with the Sheriff’s office, for computer software for dispatch and records. This will bring both departments into uniform operations in this area. The new communication center in police station is essentially complete.
d. The City has received the CHIP grant in the amount of $556,000.
e. A $1,000 donation from Walmart to benefit the Crystal Lake project was received. It was reported that Walmart has given some $31,000 to local organizations since their opening in March.
f. The first coat of pavement has been applied at the Seven Mile Park driveways and parking lots. The final coat will be completed in 2006.
g. The water fowl population at Crystal Lake was discussed. It was requested that ‘do not feed the ducks’ sign be installed.
h. A letter was received from Rumpke recently noting the increase of $1.50 per ton landfill fee.
i. The annual police-fire softball game was held recently; the final score was 14 to 12, fire department’s 5th year win.
j. Congratulations to Councilman Ben Maffett on being named “Co-Rotarian of the Year.”
There was a short recess.
OLD BUSINESS
a. Water Tower Discussion. In recent months, the City began the process to locate a new water storage tank within the City. The site originally chosen was at the southeast corner of the lot next to Fort St. Clair, just off of Camden Road. Following the June Council meeting, letters were sent to three neighboring property owners, Eaton Church of the Brethren, Preble County Commissioners and Eaton Community School, asking their consideration of negotiating the transfer of approximately one acre of land in the vicinity of this proposed tower. A letter was read from the Eaton Country Club, offering a possible site on their property. Given some of the additional costs, this site was determined not to be acceptable. At the July Council meeting, Vice Mayor Gary Wagner reviewed some information that he had been given regarding this new tower placement, and presented a memo regarding possible placement on the west edge of the City, on State Route 122, on land owned for Mound Hill Union Cemetery. In addition, an initiative petition had been filed with the City to prevent the tower, or any device that stores water by any means, from being placed in Fort St. Clair. A letter from Leslie Renner to the initiative petition committee was read as well as an opinion from Donnette Fisher. Mr. Daily gave a presentation of the history of this process, noting pros and cons of the various sites to be considered for this water storage tank.
Councilman Wagner moved to proceed with locating the water tower at the west site and complete a the 12" water loop. Councilman Renner seconded the motion. The vote was as follows:
Ayes: Renner, Wagner (2)
Nays: Kirsch, Maffett, Stonecash (3)
Councilman Wagner moved to proceed with locating the water tower at the west site without completing the 12” water loop. Councilman Maffet seconded the motion. The vote was as follows:
Ayes: Wagner (1)
Nays: Renner, Kirsch, Maffett, Stonecash (4)
Councilman Kirsch moved to proceed with locating the water tower at the south site, on Route 127, at the water treatment plant. Councilman Maffett seconded the motion, which passed as follows:
Ayes: Kirsch, Maffett, Stonecash (3)
Nays: Renner, Wagner (2)
NEW BUSINESS
None.
EXECUTIVE SESSION
Councilman Renner moved to adjourn to Executive Session to discuss personnel and legal matters with the Law Director, who was present, the City Manager and the Finance Director. Councilman Maffett seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
Councilman Maffett moved to return to regular session. Councilman Kirsch seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
Mayor Stonecash announced there was no action taken.
PERSONNEL UPDATE
a. Police Sergeant Cory Herrmann, also a Fort St. Clair caretaker, has resigned his park duties effective September 1, 2005 and will be vacating the house at 725 West Main Street. It has been determined that the house will be rented.
b. Police Officer Chad DePew had been involved in a traffic accident this past weekend and is reported to be improving.
ADJOURN
Councilman Maffett moved to adjourn the meeting. Councilman Wagner seconded the motion, which passed as follows:
Ayes: Renner, Maffett, Wagner, Stonecash (4)
Nays: Kirsch (1)
___________________________________ ______________________________________
Deputy Clerk of Council Mayor
Approved as to form____________________________________________
Law Director