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

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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, DECEMBER 19, 2005

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, December 19, 2005, at 7:00 p.m., in Council Chambers of the Municipal Building. Wesley Brubaker 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

David Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: None

Also in attendance was Dave Daily, City Manager

MINUTES

Councilman Maffett moved to approve the Clerk’s Journal entries for the regular meeting of December 5, 2005, and to accept the tapes as the official minutes for the regular meeting of December 5, 2005. The motion was seconded by Councilman Renner and passed as follows:

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

Nays: None (0)

ORDINANCE 05-23

Attorney George J. Earley and the owner of First Liberty Mortgage Inc, Aaron Melling, were in attendance to represent this request for a zoning amendment for Lot #1691, 1600 North Barron Street, from ‘R-1A,’ Single Family Residential, to ‘C-3,' Community Commercial. Planning Board voted 3 - 2 to make an unfavorable recommendation on this zoning change because it conflicted with the City’s Comprehensive Development Plan. Subsequent to the action of Planning Board, the City’s Comprehensive Development Future Land Use Map was modified and would now permit this change in zoning designation. It was also noted that, at the time the Unified Development Ordinance is in effect, this zoning, if changed to ‘C-3,' would actually be ‘C-2.’ The UDO becomes effective December 8th, the changes to the Comp Plan will be effective December 21st. It was decided that due to the new limited permitted uses in ‘C-2’ under the new UDO, a restrictive covenant would not be necessary.

Councilman Renner moved for the second reading of Ordinance 05-23, 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 05-23, by title only.

Councilman Renner moved for the adoption of Ordinance 05-23. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 05-24

It was noted that Ordinance 05-24 will remain on the table as the executed agreement had not been received from the new owners of the Dairy Queen as of this meeting date.

ORDINANCE 05-25

As the year ends, it is necessary to adjust appropriations to reflect anticipated changes in revenue and expenditure items. This ordinance amends the annual appropriation ordinance, Ordinance 05-05, to reflect those adjustments. The rules requiring two readings were suspended so that this Ordinance could be passed immediately, as required, and shall become effective upon passage.

Councilman Maffett moved for the reading of Ordinance 05-25, 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 05-25, by title only.

Councilman Renner moved for the adoption of Ordinance 05-25. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 05-26

In preparing for doing business in 2006, prior to the annual appropriation ordinance being adopted, temporary appropriations are necessary. This ordinance identifies those funds and amounts. The rules requiring two readings were suspended so that this Ordinance could be passed immediately, as required, and shall become effective upon passage.

Councilman Renner moved for the reading of Ordinance 05-26, 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 05-26, by title only.

Councilman Renner moved for the adoption of Ordinance 05-26. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 05-61

The City of Eaton has received approval from the State to receive Community Housing Improvement Program. This resolution authorizes the City Manager to execute the CHIP agreement with the Ohio Department of Development.

Councilman Kirsch moved for the adoption of Resolution 05-61. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 05-63

This resolution authorizes the transfer of the City’s share of the cost of the Aukerman Street project into the Issue 2 special improvement fund.

Councilman Kirsch moved for the adoption of Resolution 05-63. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 05-64

This resolution establishes the organizational listing for 2006.

Councilman Renner moved for the adoption of Resolution 05-64. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 05-65

This resolution authorizes the City Manager to enter into Agreement with the Preble County Area Community Improvement Corporation for economic development services in the total annual amount of $2,500.

Councilman Maffett moved for the adoption of Resolution 05-65. Councilman Renner seconded the motion. The vote was as follows:

Ayes: Maffett, Stonecash (2)

Nays: Renner, Wagner (2)

Abstain: Kirsch (1)

Pursuant to the Rules of Council, when there is a tie vote, the motion fails. After discussion regarding modifying the Agreement to reduce the annual amount to be paid $1,250, Councilman Maffett made a motion to reconsider the vote on Resolution 05-65. Councilman Wagner seconded the motion, which passed as follows:

Ayes: Maffett, Wagner, Stonecash (3)

Nays: Renner (1)

Abstain: Kirsch (1)

Councilman Maffett moved to amend the Agreement reflecting the total annual amount to be paid to the PCCIC be reduced to $1,250. Councilman Wagner seconded the motion, which passed as follows:

Ayes: Maffett, Wagner, Stonecash (3)

Nays: Renner (1)

Abstain: Kirsch (1)

Councilman Maffett moved to adopt Resolution 05-65, as amended. Councilman Wagner seconded the motion, which passed as follows:

Ayes: Maffett, Wagner, Stonecash (3)

Nays: Renner (1)

Abstain: Kirsch (1)

CITY MANAGER’S REPORT

a. After review, it was determined that the Council representative to the Cemetery Board was a 3-year term with Councilman Renner’s appointment being effective January 1, 2004 through December 31, 2006. Councilman Renner reported on recent action by the Cemetery staff and subsequent meeting date.

b. The Public Maintenance Division have been busy with recent snow and ice events. It was hoped that the existing salt supply would cover our needs for the winter, but if the weather pattern remains, additional salt may need to be ordered.

c. A liquor license for a new downtown sports bar, Jells, was discussed.

d. Thank you notes were received from the Preble County Chamber of Commerce and Preble County Commissioners to Council and certain City staff for their involvement with the recent White Christmas event.

e. Police Chief Phil Romeo reported on a drug bust today by EPD, Preble County Sheriff’s Office and the State Highway Patrol at 330 Deem Street with 3 arrests being made and the confiscation of drugs, guns and money.

f. Council was reminded of the upcoming joint meeting of Council and the Preble County Commissioners on Monday, January 9, 2006, at 1:30 at the Courthouse.

OLD BUSINESS

The Greg Parsley house on South Barron Street will be discussed as a part of executive session as it is in potential litigation.

NEW BUSINESS

None.

EXECUTIVE SESSION

Councilman Renner moved to adjourn to Executive Session to discuss legal matters and personnel issues 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 left the meeting at 8:30 p.m.)

Councilman Renner moved to return to regular session. Councilman Wagner 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.

LAW LIBRARY

Funding of the law library was discussed. Council agreed that, until certain questions were answered, there was to be no payments made to the law library.

ADJOURN

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

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

Nays: None (0)

________________________________ ______________________________

Deputy Clerk of Council Mayor

Approved as to form____________________________________________________