CLERK’S JOURNAL OF THE REGULAR MEETING OF THE COUNCIL

September 20, 2004, at 7:00 p.m., in Council Chambers of the Municipal Building. Carol Lunsford 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.

INTRODUCTION OF JOE FERRIELL

City Manager Dave Daily introduced a new City employee, Engineering Technician Joe Ferriell.

WELCOME TO GUESTS

Mayor Stonecash welcomed the High School Government students who were in attendance. Preble County Commissioner Candidate Carol Lunsford was also recognized and gave a brief introduction.

DIVISION REPORTS

Police Chief Phil Romeo, Fire Chief Rick Crowe, EMS Chief Marsha Stonecash, Director of Service Doug Spitler, Public Works Superintendent Andy Eddy and Public Maintenance Supervisor Greg Frost reviewed activities for each of their departments. In the future, these reports will be delivered on a quarterly basis.

MINUTES AND FINANCIAL REPORTS

Councilman Maffett noted a correction on page 3 of the August 16 minutes. There was a reference to Ordinance 04-23 in the item regarding Ordinance 04-24.

Councilman Kirsch moved to approve the Clerk’s Journal Entries for the August 16, 2004 regular meeting, as corrected; to accept the tapes as the official minutes for the August 16, 2004 regular meeting; and to acknowledge receipt of the financial reports for August 2004. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

OATH OF OFFICE

The oath was administered to the audience members who wished to speak at the public hearing.

ORDINANCE 04-28

Chris and Terri Roach recently purchased 625 North Barron Street, Part Outlot 15, zoned ‘R-2' Central Residential, and wish to conduct a photography business at this location. At direction of Planning Board, the Roach’s proceeded with a zoning amendment, to change the zoning to ‘C-3' Community Commercial. Planning Board made a favorable recommendation on this change of zoning. Mayor Stonecash opened the Public Hearing. Terri Roach reviewed this request, stating she and her husband would not be residing in the home and that the outward appearance will remain looking like a home at the time her business would be located there. Neighbor Stanley Spencer spoke in favor of this request. The Public Hearing was closed. Councilman Wagner noted that he voted ‘nay’ at Planning Board on this request. He considered the request to be a valid one, but was concerned if the Roach’s would vacate the home, a permitted use in the ‘C-3' district would be allowed to move in and may not be compatible with the neighborhood. While it was agreed that a hometown person starting a new business was desired, and the photography studio use was acceptable, concern of future possibilities were dominant. The new zoning code and ‘Permit by Exception’ were discussed.

Councilman Kirsch moved for the first reading of Ordinance 04-28, 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 04-28, by title only.

ORDINANCE 04-29

This ordinance enacts Chapter 144 of the Codified Ordinances, titled “Division of Emergency Medical Rescue Service.”

Councilman Renner moved for the first reading of Ordinance 04-29, 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 04-29, by title only.

ORDINANCE 04-30

This ordinance amends Ordinance 04-09, the 2004 annual appropriation ordinance, by the addition of the bond retirement fund.

Councilman Kirsch moved for the reading of Ordinance 04-30, 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 04-30, by title only.

Councilman Kirsch moved for the adoption of Ordinance 04-30, by title only. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 04-25

This ordinance amends Chapter 143 of the Codified Ordinances, titled “Division of Fire.” The amendment clarifies that appointment of captains and lieutenants are to be made by the City Manager and approved by Council, and appointments of firefighters are to be made by the City Manager, based upon the recommendation of the Chief. This ordinance also removed references to the ‘Squad Chief’ (addressed in the Emergency Medical Services Division chapter) and increases the number of firefighters.

Councilman Maffett moved for the second reading of Ordinance 04-25, 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 04-25, by title only.

Councilman Kirsch moved for the adoption of Ordinance 04-25, by title only. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 04-26

Ordinance 04-10 accepted an annexation of 57.164 acres, known as Rocky Run Farms, which fronts Eaton-Lewisburg Road. This ordinance assigns permanent zoning to this land. Planning Board recommended approval of 4.010 acres of ‘C-3' Community Commercial, 2.005 acres of ‘P-1' Professional Services District, 45.569 acres of ‘C-1' General Commercial and 10.917 acres of ‘A-1' Agricultural and a total of 1.3327 acres in the right-of-way.

Councilman Wagner moved for the second reading of Ordinance 04-26, 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 04-26, by title only.

Councilman Wagner moved for the adoption of Ordinance 04-26, by title only. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: Renner (1)

ORDINANCE 04-27

Scott and Mark Vosler own approximately 20 acres, Part Outlot 86 and Part Outlot 87, on Eaton-Lewisburg Road, zoned ‘R-3' Multi-Family Residential. Planning Board recently approved a minor subdivision of a 2.15 acre tract off the parent tract, to be sold and developed by Farm Credit Services. Planning Board made a favorable recommendation on the Voslers’ zoning amendment application to make this 2.165 acre tract ‘C-33' Community Commercial to allow for this use.

Councilman Wagner moved for the second reading of Ordinance 04-27, 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 04-27, by title only.

Councilman Renner moved for the adoption of Ordinance 04-27, by title only. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-62

In consideration of some upcoming staffing needs for the Building Department, this resolution amends Resolution 03-86 to add an Assistant Building Inspector.

Councilman Kirsch moved for the adoption of Resolution 04-62. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-63

This resolution accepts the amounts and rates determined by the County Budget Commission, authorizes the necessary tax levies, and certifies them to the County Auditor for 2005.

Councilman Renner moved for the adoption of Resolution 04-63. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

CITY MANAGER’S REPORT

a. A meeting was conducted for residents of Fudge Avenue who abut the buffer for the Wal-Mart development. That group of residents concurred that they wanted to stay with the original plan, which is to install a 3' mound with plantings, even though it may cause some of the older trees in that area to die.

b. With the increase of truck traffic in Eaton, the possibility of trucks taking a route through Eaton to avoid the scales was discussed, along with methods for stemming this.

c. An update was given on the cleanup of Crystal Lake.

d. At their request, Gasper Township Fire Department will purchase Eaton Fire Division’s used air packs.

e. A letter from the County Budget Commission was reviewed, stating that there will be no change in formula for the distribution of local government funds.

f. While running a water line to the new Federal Land Bank site on Eaton-Lewisburg Road, the City will also loop the water line.

g. A petition for detachment, covering all the annexations to the City since 1964, except for the most current Rocky Run annexation, has been filed.

h. The date for Trick or Treat will be Thursday, October 28, 6:00 p.m. to 8:00 p.m.

i. “Meet the Candidate” night, hosted by the Preble County Mayors Association will be held on Wednesday, October 27, 7:00 p.m., Station 2.

j. An update was given on the zoning code review.

k. With the re-location of the Middle School to the former high school location on Cherry Street, the need for additional crosswalks and 4-way stops was discussed.

MAYOR’S REPORT

a. A smaller replica of the Vietnam Memorial Wall will be at the Preble County Fairgrounds from September 24 to September 26.

b. The dedication of the new high school will be on Sunday, September 26.

c. The Mayor reported that he recently attended the Youth Foundation meeting and a meeting regarding the development of the SR127/I-70 intersection.

d. The Committee of the Downtown Eaton Inc. had a successful summer with a variety of activities, bringing people in to enjoy downtown Eaton.

OLD BUSINESS

a. Councilman Kirsch stated his desire to move forward with the designation of Preble Drive to also be known as the “Sheriff Thomas A. Hayes Memorial Drive.” He asked that legislation be presented at the October meeting so that official ceremony can be scheduled for December 3, 2004.

b. Three applications were received for the caretaker position at Fort St. Clair. They will be reviewed and it is hoped the person will start employment in December or January, as the house is in need of repair.

c. The contractor for the extension on sidewalks on West Main Street/Camden Road has officially requested a two-month extension to the completion time. It was discussed that the need for the extension came due to the contractor himself and that the ‘per day’ penalty be enforced.

NEW BUSINESS

a. A meeting will be held the first part of October to form a committee to plan for the City’s Bicentennial in 2006.

b. “Good luck” was expressed to Palladium Item reporter, Hali Cartee, who has resigned her reporting job, this being her final meeting.

EXECUTIVE SESSION

Councilman Renner moved to adjourn to Executive Session to discuss legal matters with the Law Director, who was present, as well as the City Manager, Finance Director and Service Director. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

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

ADJOURN

Councilman Renner 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_____________________________________________________

Director of Law