ATHENS, Ohio — With two members absent, Athens City Council voted 4-1 on Monday to table an ordinance authorizing a civil suit against a property owner who built a brick paver patio and curb without city approval – and then sought a right-of-way permit after doing so.
The council tabled on second reading Ordinance 0-51-25, which would authorize Law Director Lisa Eliason to file a civil suit for injunctive relief against Cameron Tope/Emerson Property Management, LLC, owner of 37 and 37½ Woodward Drive.
The owner constructed a brick paver patio and curb sometime within the past year, without seeking right-of-way permit approval first from code enforcement. Council members have said at recent meetings that such actions by property owners — involving a project that needed prior approval, only to seek approval after the work was completed — needs to stop.
Council member Alan Swank, 4th Ward, asked that the name of the entity to be sued be changed to Do What is Right, LLC, the legal entity that owns the property. The council unanimously amended the ordinance.
Swank then said he had a “pleasant” phone conversation with Tope, a graduate of Athens High School and Marietta College who now resides in San Diego. Swank said that Tope agreed to remove the brick patio and plant new grass. Swank said the curb should stay, since it is well constructed and actually helps direct runoff along the street.
Swank proposed that the council table the ordinance to give Tope time to remove the brick patio and replant grass and other plants.
Council member Jeff Risner, 2nd Ward, said there was no need to table the ordinance, and that the council should continue toward the third and final reading to hold the property owner accountable.
“If the property owner comes through with what he promises to do, then the law director doesn’t have to proceed to court. But if he doesn’t, this (civil lawsuit) will be there as a tool in the toolbox to make sure that he does,” Risner said.
Swank said he understood Risner’s position but said that working with citizens who are ready to comply with ordinances — albeit late — along with a “conciliatory approach,” was warranted in this case.
In other matters, the council moved closer on ordinances to hire a new city engineer; authorize certain streets for repaving, while putting other streets on a possible-paving list, and making a final construction-related payment on the soon-to-open Athens Armory project.
Street paving moves forward
Council heard the first reading of Ordinance 0-52-25, although it did not include a list of streets to be paved this year or those that might be paved following additional review. The paving will cost $700,000 this year, to be paid with $400,000 from the state highway fund and $300,000 from the city’s street fund.
The list of streets to be paved was discussed during the April 28 meeting of the Transportation Committee. Streets scheduled for definite paving are portions of Armory, Lloyd, Mill, Miller and Shafer streets; Rardin and Terrace drives; and Columbus Road.
Streets that could be paved if the budget allows it but require “additional review” are Church and Mary streets; Montrose and Ondis avenues; Della Drive; and portions of Longview Heights and Mulligan roads.
The Engineering and Public Works Department rates pavement conditions annually, based on a scale of 0 to 10. Patterson said previously that the city spends more on street paving than it did in previous years, and has fewer streets rated lower than in the past.
The city will begin pothole patching soon as well, Patterson said, adding that he would take a look at Mulligan, which has several clusters of potholes. Risner has asked the city to consider paving Mulligan from Canterbury Drive to Longview Heights.
Athens Armory project advances
The council heard first reading of Ordinance 0-54-25, which will transfer $500,000 from the special revenue fund to the Athens Community Improvement Corporation fund to pay Pepper Construction for final work on the Athens Armory project. The $500,000 was set aside in 2023 from $2.5 million the city received from the American Rescue Plan Act.
The nearly $5 million renovation of the historic three-story building is scheduled to be complete in time for an early August reopening, Patterson said.
New city engineer nearing hire
The council heard second reading, without comment, on Ordinance 0-46-25, which suspends educational requirements so that Jarod Balderson can be promoted to city engineer.
That would place Balderson in charge of engineering and public works, which Patterson — who made the proposed appointment — said is the city’s most “complex” department. Balderson is set to replace Saleh Eldabaja as city engineer.
In order to promote Balderson, who has a bachelor’s degree in engineering, the city is waiving the requirement that Balderson hold a professional engineer license. The ordinance gives Balderson two years to fulfill the requirement by passing the Ohio engineering principles and practices exam.
Water Pollution Control Fund loan sought
The council held first reading of Ordinance 0-55-25, which authorizes the service-safety director to apply for a Water Pollution Control Loan Fund Agreement with the Ohio Environmental Protection Agency. That would allow the city to seek an as-yet unspecified amount for work on wastewater facilities in the Richland Avenue area. The loan would be repaid from the sewer fund, which is supported by sewer fees.
The Water Pollution Control Loan Fund Agreement updates ordinances from 2019 and 2024 tied to project #330 in the Richland area. Past work in the area includes a new submersible wastewater lift station, gravity sanitary sewer, force main, and associated architectural and structural work such as piping and mechanical modifications.
In other matters, the council:
- Heard second reading of two ordinances related to the forthcoming Juneteenth Celebration, scheduled for June 19 on East Union Street between Court Street and University Terrace.
- Heard second reading of an ordinance to create a full-time position for an athletics and fitness program specialist, while reducing a related operations specialist from two positions to one position. A related ordinance establishes pay grades for the program specialist ranging from $23 to $31.06 per hour ($47,840 to $64,605 per year).
- Swank discussed a communication he received from the Buckeye Association of School Administrators that outlines how a part of the 2026–27 state budget proposal could affect Tax Increment Financing for school districts. The bill would require school districts with more than 30% in unspent cash at the end of a fiscal year return the excess “back to Ohioans in the form of property tax relief.”
- TIF allows local governments to use a portion of increased property tax revenue from new development for infrastructure improvements within a designated TIF district. Patterson said bond financing tied to TIF will be disrupted by HB 96 if it passes as it stands.
Athens City Council’s next regular meeting will be at 7 p.m. on Monday, May 12, in Athens City Hall, Council Chambers, third floor, 8 E. Washington St. Meetings are also streamed online. Regular sessions are on the first and third Mondays of the month; committee meetings are on the second and fourth Mondays.
