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 18, 2005

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Tuesday, January 18, 2005, at 7:00 p.m., in Council Chambers of the Municipal Building. Rev. Brian Deaton of the Nazarene Church 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.

MINUTES

Councilman Kirsch moved to approve the Clerk's Journal Entries for the regular meeting of December 20, 2004, to accept the tapes as the official minutes for the regular December 20, 2004 meeting and to acknowledge receipt of the December financial reports. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

Abstain: Renner (1)

RESOLUTION 05-02

This resolution authorizes the renaming of the City's park on Washington-Jackson Road to "Clarence E. Hook Memorial Park." Mayor Stonecash read this resolution in its entirety. Mrs. Joanne Brandenburg and Mrs. Joan Haslup, Mr. Hook's daughter, were in attendance to accept this honor.

Councilman Wagner moved to adopt Resolution 05-02. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

INTRODUCTION

Police Chief Phil Romeo introduced Lori Spitler, a new dispatche,r who began her duties on January 10, 2005.

ADMINISTER OATH TO AUDIENCE

The oath was administered to the audience who wished to address Council at the Public Hearing.

ORDINANCE 05-01

This Ordinance amends the zoning on property located at 111 West High Street, Part Lot 336, from 'C-4,' Central Commercial, to 'R-2,' Central Residential. Mayor Stonecash opened the Public Hearing. The property owner, Terry Mantle, represented the request. Councilman Wagner noted that Planning Board had voted unanimously to make a favorable recommendation on this request, finding that a residential zoning designation would be more appropriate for the area. The Public Hearing was closed.

Councilman Kirsch moved for the first reading of Ordinance 05-01, 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 05-01 by title only.

ORDINANCE 05-02

This Ordinance accepts the dedication of right-of-way along Hillcrest Drive and Camden Road, and a public walkway easement along Camden Road, from the Board of Education for Eaton Community Schools.

Councilman Renner moved for the first reading of Ordinance 05-02, 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 05-02 by title only.

ORDINANCE 04-36

This ordinance repeals the existing Property Maintenance Code and enacts a revised Property Maintenance Code with new section numbers.

Councilman Kirsch moved for the second reading of Ordinance 04-36, 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 04-36 by title only.

Councilman Kirsch for the adoption of Ordinance 04-36. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 04-37

This ordinance amends the zoning for Lot 3197 from 'R-1A,' Single Family Residential, to 'C-1,' General Commercial. Planning Board made a favorable recommendation for approval, stating this was a good use of the property due to changes in the area.

Councilman Kirsch moved for the second reading, by title only, of Ordinance 04-37. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

Abstain: Maffett (1)

Law Director Donnette Fisher read Ordinance 04-37 by title only.

Councilman Kirsch moved for the adoption of Ordinance 04-37. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 04-38

This ordinance amends Section 121.03 of the Rules of Council, titled 'Meetings,' to require that notice of all special and emergency meetings be served on the members of Council in writing. This amendment also prohibits Council from holding such a special or emergency meeting if any Council members are not properly notified, unless a member cannot be served because of the nature of the emergency.

Councilman Wagner moved for the second reading, by title only, of Ordinance 04-38. 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 04-38 by title only.

Councilman Wagner moved for the adoption of Ordinance 04-38. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 05-01

This resolution establishes a Bicentennial Committee for the City's celebration in 2006. The number of members who may be appointed to this Committee was not limited, and the method of appointment was established to provide the Mayor the authority to appoint its members.

Councilman Kirsch moved for the adoption of Resolution 05-01. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 05-03

This resolution authorizes the City Manager to enter into a contract for professional environmental engineering services with Malcolm Pirnie for the old landfill.

Councilman Renner moved to adopt Resolution 05-03. The motion was seconded by Councilman Kirsch and passed as follows:

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

Nays: None (0)

RESOLUTION 05-04

This resolution awards the bid for the Aukerman Street Sanitary Sewer Liner Project to American Water Services Underground Infrastructure, Inc., Hilliard, Ohio, in the bid amount of $197,674.

Councilman Renner moved to adopt Resolution 05-04. The motion was seconded by Councilman Wagner and passed as follows:

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

Nays: None (0)

DEPARTMENT APPRECIATION

The structure fire on December 27, 2004, at the corner of High and Cherry Streets was discussed. Police officers Eric Beeghley and Scott Eversole, Firefighter Joel Galloway, Chief Romeo and Chief Crowe were on the scene and removed 8 occupants from the second floor of this structure via ground ladders. It was requested that these men be in attendance at the February Council meeting to be honored for their actions.

QUARTERLY DEPARTMENT REPORTS

Public Maintenance Supervisor Greg Frost, Public Works Superintendent Andy Eddy, Acting City Engineer Joe Ferriell, EMS Chief Marsha Stonecash, Fire Chief Rick Crowe, and Police Chief Phil Romeo individually delivered their quarterly reports to Council.

CITY MANAGER'S REPORT

a. The Public Maintenance Department had been working on the clean-up of Crystal Lake. Some 700 loads of silt have been removed and work will continue as the weather allows.

b. With the severe wet weather the area has experienced, it was noted that the newly installed drainage at Seven Mile Park was working well.

c. Possible City projects that would mitigate natural disasters have been submitted to EMA for consideration of their funding program, which would reimburse 75% of the cost.

d. A revised draft of the contract between the City and the YMCA was discussed. Legislation will be presented at the February meeting to finalize this agreement.

e. Meetings for the zoning code update will be conducted each Tuesday beginning January 25, 2005, 6:30 p.m. until 9:00 p.m., by Planning Board until completion. Also, Planning Board voted to change their meeting start time to 7:00 p.m., instead of 7:30 p.m.

f. A January 26, 2005, meeting will be hosted by the Educational Service Center regarding state funding issues relating to local governments and to schools.

g. The recent successful grand opening of the Bob Evans restaurant was noted.

h. A joint meeting with the County Commissioners was discussed. This will be conducted on Monday, February 7, 2005, at 1:30 p.m, at the Courthouse.

i. State and Federal government disaster funds will be applied for to reimburse the City for the money spent on the winter storm that began on December 22, 2004. It was noted that some 400 loads of snow were moved from City streets.

OLD BUSINESS

a. It was reported that there had not been any additional communication from Judy Ridge, a citizen who had discussed a neighborhood concern on Washington Street.

NEW BUSINESS

a. Jon Hartman was in attendance and discussed an interested company for the vacant Browning building on Route 35 West. They need a railroad spur, which would entail the installation of railroad track from the existing rail to the building and would cross Miller-Williams Road. Council indicated its support for this plan, as it would allow for the occupancy of this vacant structure.

b. Murphy Oil had been on this agenda. At their request, there will not be any further discussion regarding the construction of a new gasoline station by Murphy Oil at Preble Crossing.

ADJOURN

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

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

Nays: None (0)

_____________________________________ _____________________________________

Deputy Clerk of Council Mayor

APPROVED AS TO FORM_____________________________________________________

Law Director