Minutes

November 28, 2000

PRESENT: Mayor Maxine Gilman; Council Members William Gordon, Vern Angerer, Linda Lotspaih, Donald Mounce and Jeff Sanner; City Manager G. Tracy Williams; Assistant City Manager David Watson; Law Director Patrick G. Carney; Chief of Police Richard Barnhart; Director of Planning and Economic Development David Humphreys and Assistant Clerk of Council Patricia L. Replogle.

EXCUSED: Council Member Jack Jensen.

The meeting was called to order by Mayor Gilman. Mr. Williams gave the Invocation. The Pledge of Allegiance and Roll Call followed.

MINUTES

A motion was made by Mr. Gordon, seconded by Mr. Angerer, to approve the minutes of the regular meeting of November 14, 2000. A roll call vote was taken, all members voted yes and the motion carried.

A motion was made by Mr. Mounce, seconded by Mr. Sanner, to amend the agenda to allow the Communications and Presentations to be heard before the Public Hearing. All members voted yes to a roll call vote and the motion carried.

COMMUNICATIONS AND PRESENTATIONS

OATH OF OFFICE -

OFFICER MICHAEL A. HANKS & OFFICER MARK ANDREW MEYER

Chief Barnhart gave a brief history of the officers. Mayor Gilman administered the Oath of Office to each officer. Friends and family were in attendance. The Mayor said it is a great pleasure to swear in two youths from our community.

PUBLIC HEARING

ORDINANCE NO. 3170: OFF-STREET PARKING OF RECREATIONAL VEHICLES

Ordinance No. 3170 - An ordinance amending Chapter 154 of the Code of Ordinances of West Carrollton known as the "Zoning Code", amending Section 154.184(A)(10) to prohibit the off-street parking of large recreational vehicles in required front yards and to require motorized vehicles located in side and rear yards to be on a paved surface in all residential districts beginning January 1, 2002.

Mr. Humphreys presented a staff report with slides of examples of current regulation compliance and how they would be viewed if the ordinance passed. He gave a brief summary of the proposed ordinance: prohibit large vehicles of specified dimensions from parking in the front yards; side- or rear-parked motorized vehicles would be required to be parked on a paved area; a one year delay in implementation, January 1, 2002; all existing recreational vehicles would be grand fathered and would exist under the current regulations, as defined by non-conforming use within one year, and would be owned and titled to owner of house; and no vehicles with permanent connections to utilities would be allowed.

Mr. Sanner reviewed the dimensions and emphasized that the right to be grand fathered goes with the property, not by specific vehicle. Mr. Mounce reviewed the non-conforming use clause about the use within one year, or the right to be grand fathered would be lost. Mr. Gordon raised concerns as he is on a corner lot and technically has two front yards. Mr. Humphreys noted that the current code goes by position on street and not where the front door is located. Mr. Mounce advised that the staff would be available for questions at 859-5184.

Ray Horn, Primrose Drive, addressed Council to be sure that he understood correctly that his motor home would be grand fathered. Mr. Humphreys also noted that if the vehicle is moved before January 1, 2002, he can use patio blocks as the paved area.

Bill Marsh, 148 Alex Road, had several questions for Council. He wanted to know what the specific complaints were that brought about these changes in the ordinance. Mayor Gilman stated that there were complaints regarding safety, namely the lack of vision around the large vehicles when parked in the front yards. Mr. Humphreys also stated that there were complaints because the sight of the large vehicles affected the property values. Mr. Marsh also asked why the 72 hour requirement was changed to 48 hours. Mayor Gilman said the intent is to be for a short period of time. Mr. Marsh also wanted to know what factors were used to determine the maximum length. Mr. Humphreys said these are the same dimensions used in the traffic and zoning codes. Mr. Marsh questioned why contained gravel parking was not allowed. Mr. Humphreys said that this is the part of the ordinance that caused the most controversy. The consensus was that motorized recreational vehicles should be treated the same as other motorized vehicles. Also the weight of the vehicles was a concern. Mr. Mounce asked if the paver blocks were a compromise to which Mr. Humphreys said yes.

Mr. Sanner said that two days is not enough time to get a recreational vehicle ready. Mr. Humphreys stated that the proposed ordinance was changed from 72 hours to 48 hours based on the ordinances of other communities. In response to a question from Mr. Gordon, Mr. Humphreys stated that the height restriction would not be applied to vans or other types of vehicles unless they are licensed as recreational vehicles.

Mr. Gordon asked how the files will be maintained to determine who meets the non-conforming rule. Mr. Humphreys stated that if the ordinance is passed, there will be a concentrated effort by the City inspectors to keep a record of properties with recreational vehicles, including rental properties. Mr. Angerer said that appears to be very difficult to regulate especially due to the one day per year requirement.

Ray Horn asked, in regard to the statement about connecting to utilities, if it is acceptable for his vehicle to be connected to six large batteries. Mr. Humphreys stated that it is alright to maintain batteries, etc. as long as the utility connections are not for living purposes.

The Mayor stated that this is the First Reading of Ordinance 3170.

COMMENTS BY THE AUDIENCE

Dr. Rusty Clifford, Superintendent of West Carrollton Schools, informed Council that the West Carrollton School system is no longer listed as in "academic emergency" but is now under academic watch. He informed everyone that a live program is being shown on cable TV on the fourth Tuesday of each month from 8:00 to 8:30 p.m. The program will highlight a different school each month. He also stated that a levy will be on the ballot this spring that will not cost any additional money. It will be a renewal of the permanent improvement levy. Dr. Clifford reviewed some of the improvements made using the levy monies over the last four years. Mr. Sanner said that the parking lots look so much better and help improve the overall appearance of our schools. Mayor Gilman said that she has received many positive comments about the improvement to the parking facilities.

Joseph Koussa, a Kettering resident, addressed Council. Mr. Koussa encouraged everyone to conserve gas consumption by not using drive-thrus, but going into the facilities instead.

UNFINISHED BUSINESS

ORDINANCE NO. 3169: ADOPTION OF NEW BUILDING PERMIT FEES

Ordinance No. 3169 (second reading) - An ordinance repealing Sections 150.01 through 150.09 of the code of ordinances and adopting new Sections 150.01 through 150.09, said Sections being entitled "Adoption of Building codes" and adopting new building permit fees.

Mr. Sanner made a motion, seconded by Mr. Mounce, to approve Ordinance No. 3169. A roll call vote was taken, all members present voted yes and the motion carried.

NEW BUSINESS

RESOLUTION NO. 26-2000: STREET LIGHTING SERVICES 1/1/01 - 12/31/06

Resolution No. 26-2000 - A resolution repealing Resolution No. 37-97 adopted on November 11, 1997, and authorizing the City Manager to enter into a new agreement for street lighting services for use on public grounds and streets in the City of West Carrollton, State of Ohio, for a period of six (6) years commencing on January 1, 2001, and expiring on December 31, 2006.

Mr. Gordon introduced and made a motion to approve Resolution No. 26-2000, seconded by Mr. Sanner. A roll call vote was taken, all members present voted yes with the exception of Mr. Mounce who voted no, and the motion carried.

 

RESOLUTION NO. 27-2000: URBAN DESIGN PLAN

Resolution No. 27-2000 - A resolution adopting the Urban Design Plan as a guide for private and public development in the City of West Carrollton.

Mr. Mounce made a motion to approve Resolution No. 27-2000. Mr. Sanner seconded the motion. A unanimous roll call vote carried the motion.

REPORTS BY OFFICERS

Mr. Williams thanked Dr. Clifford for coming to the meeting and sharing the good news with Council. He commended Dr. Clifford on the progress the schools have made under his guidance. Mr. Williams expressed his appreciation of the tree lighting and the vocal performance by high school choir. He said the Christmas lights in the City look great. He also thanked the staff, Council and all those involved in Student Government Week.

UNSCHEDULED BUSINESS

COMMENTS BY THE AUDIENCE

There were no Comments by the Audience.

COMMENTS BY COUNCIL

All Council members congratulated the new police officers and commended the tree lighting ceremony.

Mr. Mounce also commended Dr. Clifford. He also noted that the University of Dayton Flyers basketball team is ranked in the top 25 for the first time in 25 years.

Mr. Sanner said that it's a great "report card" for the schools and commended Dr. Clifford for his leadership in improving our school system.

Mr. Gordon also thanked the paramedics for their assistance recently. He said it is good to have such qualified, professional people on our staff.

Mayor Gilman said the tree lighting was wonderful. She thanked Ron Ziemkowski on cameras.

RECESS

Mayor Gilman made a motion, seconded by Mr. Gordon, to recess to a Work Session to discuss the items on the agenda. All members voted yes to a roll call vote and the motion carried.

Council recessed.

WORK SESSION

Present: Mayor Maxine Gilman; Council Members Jeff Sanner, Don Mounce, Vern Angerer, Linda Lotspaih and Bill Gordon. Council Member Jack Jensen was excused. Also present was David Humphreys, Planning & Economic Development Director; G. Tracy Williams, City Manager; and David Watson, Assistant City Manager.

Mayor Gilman opened the Work Session.

MULTI-ZONED PROPERTY

David Humphreys presented a report detailing the number of properties in the city of West Carrollton that are undeveloped and are zoned for multi-family development, including properties that have been looked at for multi-family development, if zoned for other types of districts. Several of the larger properties, five acres or larger, were looked at in particular, as they may be available for some types of multi-family development.

Mr. Humphreys presented each one of the properties. Council discussed each property. After some discussion, Council agreed that future action at the Planning Commission level should include a review and possible consideration for rezoning those properties. Some additional discussion followed.

Mr. Humphreys left the meeting.

Mayor Gilman asked for any comments or reports from other members of City Council.

COMMENTS BY COUNCIL

Mr. Mounce noted that he would not be present at the next meeting of City Council, due to his being out of the city on business.

Mr. Angerer presented the idea of possibly performing a parking study in the old part of town. It has come to his attention that parking on the streets in the older part of the city is causing difficulty for vehicular traffic on the same streets. A parking study was discussed. No continuing action was taken.

There being no other items, it was moved by Councilmember Don Mounce, seconded by Councilmember Linda Lotspaih to adjourn the meeting. All present voted in favor. Meeting adjourned.

MAYOR CLERK OF COUNCIL

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