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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, NOVEMBER 21, 2005
Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, November 21, 2005, 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
David Kirsch
Ben Maffett
Gary Wagner, Vice Mayor
Robert Stonecash, Mayor
Absent: None
Also in attendance was Dave Daily, City Manager.
MINUTES
Councilman Renner moved to approve the Clerk’s Journal entries for the regular meeting of November 7, 2005 and the November 14, 2005 special meeting, accept the tapes as the official minutes for the regular meeting of November 7, 2005 and for the special meeting of November 14, 2005. The motion was seconded by Councilman Maffett and passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
OATH ADMINISTERED
The oath was administered to those who wished to speak during the public hearing.
ORDINANCE 05-23
Mayor Stonecash opened the Public Hearing on the 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 not to recommend this zoning change. Attorney George J. Earley and the owners of First Liberty Mortgage Inc., Aaron and Gina Melling, were in attendance to represent this request. Mr. Earley reviewed the request and explained that the owners would be agreeable to a restrictive covenant that would prohibit any use of the property for any use other than a mortgage company without Council approval. The Public Hearing was closed. Subsequent to the action of Planning Board, it was decided to modify the City’s Comprehensive Development Future Land Use Map (currently under Council consideration, Ordinance 05-22) that would then 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 8, the changes to the Comp Plan, if adopted tonight, would be effective December 21. It is for these reasons that the second reading and vote of this ordinance to rezone lot #1691 will be scheduled for the regular Council meeting on December 19, 2005, not for December 5. Also, any restrictive wording could be further considered at that time and made a part of the motion to adopt the zoning amendment ordinance.
Councilman Kirsch moved for the first reading of Ordinance 05-23, 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 05-23, by title only.
ORDINANCE 05-24
Vacate the row in front of DQ. Along 1116 north baron st
The local Dairy Queen on 1116 North Barron Street recently sold and is in process of being remodeled to be re-opened as a DQ. City staff has examined the location of the right-of-way at the front of the property, and found that the building encroaches 2.6' into the right-of-way. At their previous meeting, Council had agreed to vacate this portion of the right-of-way. This ordinance vacates 2.6' of City’s right-of-way along the east side of 1116 North Barron Street.
Councilman Renner moved for the first reading of Ordinance 05-24, 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 05-24, by title only.
ORDINANCE 05-22
This ordinance enacts certain amendments to the current Comprehensive Development Plan. First, this ordinance amends Maps 13 and 14 by adding ‘special planning areas’ at two areas on North Barron Street, on the west side from the Brethren Church to the residence just south of Wendy’s and, on the east side, the one residence on the southeast corner of Fudge Avenue and Barron Street. Second, this ordinance adds the ‘Romadoor Special Planning Area’ to the “Special Planning Areas” text. Also included in the amendment was the inclusion of the newly annexed 55 acres to the north of the YMCA to ‘institutional’ future use. Planning Board voted unanimously to recommend these amendments.
Councilman Kirsch moved for the second reading of Ordinance 05-22, 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 05-22, by title only.
Councilman Wagner moved to adopt Ordinance 05-22. Councilman Maffett seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
RESOLUTION 05-53
As discussed in Ordinance 05-24, it is the City’s intent to vacate the right-of-way along 1116 North Barron Street, in front of the Dairy Queen that is currently undergoing remodeling. This resolution authorizes the City Manager to enter into an agreement with the owners of 1116 North Barron Street that should the City need the 2.6’ of right-of-way that is being vacated for future road widening, the owners shall dedicated that right-of-way to the City at no cost.
Councilman Renner moved to approve Resolution 05-53. The motion was seconded by Councilman Maffett and passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
RESOLUTION 05-54
The Eaton Police Division received a $23,500 grant from the local Timken Company. After some review, it was decided to proceed with upgrading additional radio equipment. Nine bid notices were sent and one bid received from P & R Communications Service Inc., in the total amount of $56,585.70. This resolution authorizes the purchase and installation of radio equipment for the Police Division.
Councilman Kirsch moved for the adoption of Resolution 05-54. Councilman Renner seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (5)
Nays: None (0)
CITY MANAGER’S REPORT
a. An update was given regarding the Rumpke refuse pickup schedule.
b. Eaton Fire Division will be conducting a live burn training exercise on Saturday, December 10, at 1530 East Avenue.
c. Information regarding the CHIP grant was given.
d. The regular joint meeting will be scheduled with Council and the County Commissioners in December, to be conducted at the Courthouse.
e. The annual employees’ Christmas luncheon will be held on Wednesday, December 21, 2005, from 11:30 to 1:00, at Station 2. Council and the County Commissioners will be participating in the annual White Christmas parade on Friday, November 25, lineup begins at 5:30 with the parade beginning at 6:00 p.m. Council is scheduled to serve at the Whispering Christmas event on Sunday evening, December 4, from 6:00 until 10:00 p.m.
OLD BUSINESS
None.
NEW BUSINESS
Pat Taylor spoke regarding his opinion that the City needs to retain a parking control officer position.
SERVICE DEPARTMENT BUDGET REVIEW
The proposed 2006 Service Department budget was reviewed.
ADJOURN
Councilman Wagner moved to adjourn. Councilman Maffett seconded the motion, which passed as follows:
Ayes: Renner, Kirsch, Maffett, Wagner, Stonecash (0)
Nays: None
________________________________ ______________________________
Deputy Clerk of Council Mayor
Approved as to form____________________________________________________
Law Director