Minutes

West Carrollton City Council Meeting

May 25, 1999

PRESENT: Mayor Maxine Gilman; Council Members Bill Ennis, William Gordon, Jack Jensen, Linda Lotspaih, Donald Mounce and Jeff Sanner; City Manager G. Tracy Williams; Assistant City Manager David Watson; Law Director Patrick Carney: Service Director Don Hill; Director of Planning and Economic Development David Humphreys; Recreation Director D. Richard Bolton and Assistant Clerk of Council Patricia Replogle.

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

MINUTES

A motion was made by Mr. Gordon to approve the minutes of the Regular Council Meeting of May 11, 1999. Mr. Ennis seconded the motion. A roll call vote was taken, all members voted yes and the motion carried.

Mr. Sanner made a motion, seconded by Mr. Mounce, to approve the minutes of the Community Focus Group Meeting of May 18, 1999. A roll call vote was taken; all members voted yes with the exception of Mr. Ennis who abstained. The motion carried.

PUBLIC HEARINGS

ORDINANCE NO. 3131: CONDITIONS FOR APPROVAL

Ordinance No. 3131 - An ordinance amending Chapter 154 of the Code of Ordinances of West Carrollton known as the "Zoning Code", amending section 154.181(C)(2), conditions for approval of conditionally permitted uses to bring this section of the Zoning Code in conformance with landscaping regulations passed in March 1998.

Mr. Humphreys presented a staff report to Council. He said that this ordinance is essentially a housekeeping measure and makes direct reference to the zoning regulations of March 1998.

This is the first reading of Ordinance 3131.

Ordinance No. 3132: An ordinance amending Chapter 154 of the Code of Ordinances of West Carrollton known as the "Zoning Code", amending Section 154.12(C)(3), duties and role of the Board of Zoning Appeals, and Section 154.181(A)(1), conditions for approval of conditionally permitted uses, to establish a more specific set of findings that the Board of Zoning Appeals will use when reviewing all Conditional Use Permit applications.

Mr. Humphreys addressed Council with a staff report regarding the ordinance. He noted that the change in the Zoning Code was proposed by the Planning Commission to clarify and specify how conditional uses should be permitted. Mr. Humphreys cited some examples where the ordinance would have been of value in determining conditional uses. He said that Ordinance 3132 would give more specificity to the Zoning Code.

This is the first reading of Ordinance No. 3132.

Ordinance No. 3133: An ordinance amending Chapter 154 of the Code of Ordinances of West Carrollton known as the "Zoning Code", amending Section 154.29(C), conditionally permitted uses, to clarify the appropriate compatible and supplementary O and B-1 uses in the M-1, Industrial Park.

In his staff report to Council, Mr. Humphreys said that this ordinance is an effort to clarify conditionally permitted uses, including limiting light industrial district use. This ordinance would only allow permitted uses in those districts. Retail would not be the primary business, only as supplementary use. Mr. Sanner asked what the process for variances would be if the allowed limit is exceeded. Mr. Humphreys said that the Ordinance itself would need to be changed. He said that this ordinance addresses the growing concern that the conditional use process is being used to get around the Zoning Code. Mr. Mounce asked if the variance would be allowed. Mr. Humphreys said that it would not; only Council would decide. Mr. Jensen asked why O and B-1 would not be allowed. Mr. Humphreys said, that in order to plan for the future of the City, it is necessary to know where industry is to be located. He also added that the O and B-1 uses would not have the tax significance. Mr. Jensen asked what impact this Ordinance would have on the developments in Progress Center. Mr. Humphreys responded that offices are fully allowed in M-1 districts.

This is the first reading of Ordinance No. 3133.

Mayor Gilman said that Mr. Mounce had suggested that students be invited to submit names for the bikeway park. Third grade students from Harold Schnell and Walter Shade Elementary Schools submitted the name "Miami & Erie Canal Park". Students from Walter Shade School, accompanied by one of their teachers, Ms. Biery, read from a book they had made about the history of West Carrollton. Another teacher, Mrs. Reynolds, was unable to be at the meeting. Students from Harold Schnell School, accompanied by their teachers, Mrs. McDougall, Mrs. Shirley and Mrs. Young, recited various reasons why the name was chosen. They also passed out a paper they had written about the history of West Carrollton. Mayor Gilman thanked all of the students and their teachers and congratulated them on such a good job. She gave each student a one day pool pass and a certificate good for a free ice cream cone at the pool. Mr. Mounce said that it was obvious that the teachers and students had spent a lot of time studying the local history by the presentation they had given. Mr. Jensen said that they had received many creative names and had enjoyed reading them. He thanked the students for all of the time and energy they put into the project.

Mayor Gilman read the Proclamation for each of the students present. The Mayor presented the Proclamations to the students, congratulating each and saying that she hoped they enjoyed West Carrollton. Mayor Gilman said that we learn from them also and that working together is one step towards international peace. She presented each student with a gift bag of mementos of West Carrollton. The Mayor wished each student the best for his future.

COMMENTS BY THE AUDIENCE

There were no comments by the audience.

Ordinance No. 3130 (second reading): An ordinance amending Chapter 154 of the Code of Ordinances of West Carrollton known as the "Zoning Code", amending Sections 154.89, 154.90, 154.100, 154.101, 154.110, 154.111, 154.120, 154.121, 154.130, 154.131, 154.140, 154.141, 154.150, 154.151, 154.181(C)(1) and 154.181(C)(2) to change churches and private schools in residential districts from principally permitted uses to conditionally permitted uses.

Mr. Sanner said that he had reviewed the tape of the last meeting and asked if only landscape permits would be changed. Mr. Humphreys replied that this ordinance will give the public the opportunity to comment on proposed changes. Mr. Sanner asked if there were any changes to principally and conditionally permitted uses. Mr. Humphreys replied that the ordinance only allows for comments which would be considered in determining approval of the proposed change, and not any changes to the uses themselves. Mr. Gordon asked about the process. Mr. Humphreys said that the Board of Zoning Appeals would post notice and invite comments. Three to six weeks additional time would be added in the permit process. Mr. Sanner and Mr. Jensen both stressed that this ordinance only allows for public opportunity for comment and discussion, and does not prohibit changes. Mr. Humphreys assured them that the purpose of the ordinance was for public comments, and that it would actually allow more flexibility for changes. Mr. Gordon asked if the present code allows for variances. Mr. Humphreys responded that it does but variances must be justified and the Code is very specific. Mr. Gordon asked about the appeals process. Mr. Humphreys said that the appeal would go to the Common Pleas Court. Mrs. Lotspaih said that she had spoken to residents in some of the neighborhoods and to residents attending Sunday School services, and that they wanted the opportunity for input.

A motion was made by Mr. Mounce, seconded by Mrs. Lotspaih, to approve Ordinance No. 3130. A roll call vote was taken: Mayor Gilman-yes; Mr. Ennis-yes; Mr. Gordon-no; Mr. Jensen-yes; Mrs. Lotspaih-yes; Mr. Mounce-yes; Mr. Sanner-no. The motion carried by majority vote.

NEW BUSINESS

Resolution No. 12-99: A resolution declaring the necessity that certain sidewalks, curbs and gutters shall be constructed.

Mayor Gilman noted that each property owner would be advised of possible construction work. Mr. Williams said that the inspectors have been out and letters have been sent. The property owners may have the work completed themselves or allow the City to have the work done. Mr. Gordon said that he noticed several addresses that have extremely high repair costs and asked how the costs were calculated. Mr. Hill said that estimates are done on each property and not as an average cost. He noted that some properties have large quantities of sidewalk, drive approach, or curb to be repaired. He said that an estimate is made and notices are sent which allows thirty days for the property owner to repair or the City will have the work done. He estimated that in July we will have bids for the work and then will know the exact cost. Mr. Williams also added that State law allows property owners or the City to perform the work or have it performed, and the costs may be assessed to the property taxes over a ten year period. Mr. Sanner introduced and made a motion to approve Resolution No. 12-99. A unanimous roll call vote carried the motion.

Resolution No. 13-99: A resolution expressing disapproval for amending the County's

9-1-1 implementation plan to add CareNOW®.

Mr. Gordon introduced and made a motion to approve Resolution No. 13-99. Mr. Jensen seconded the motion. A roll call vote was taken: Mr. Ennis voted no; all other members voting yes. The motion carried.

Mayor Gilman noted that a report was received from the Police Department. Mr. Mounce asked for the staff recommendation. Mr. Williams said that no recommendation is put on liquor license requests. Mr. Jensen said that there usually is a recommendation from the Police Department. Mr. Carney said that any objection must be stated by June 6, 1999. He added that the police report did not appear to indicate anything that would result in a Liquor Board denial. Mr. Jensen noted that the owners have not been in this type of business before. Mr. Mounce made a motion, seconded by Mr. Jensen, to table discussion of this item. A unanimous roll call vote carried the motion.

Mr. Williams said that the Local Government Week at the High School was a great success and he thoroughly enjoyed it.

Mr. Carney said that a lot of negative things have been said about kids in the news recently. He said that the students here tonight showed that we have a lot to be proud of.

There were no comments by the audience.

Mrs. Lotspaih said that she enjoyed the government classes and wished everyone a safe weekend.

Mr. Gordon said that the West Carrollton Paper Festival and Boat show will be held from June 11^th to June 13^th and that there will be many vendors and rides.

Mr. Ennis congratulated the third graders and commended the foreign exchange students. He said the media needs to show more of the positive side of the youth of today.

Mr. Jensen said that it seems that the news media concentrates on the bad things that some kids have done. He said that during government week, he found that the students were learning and progressing toward taking over the management of our future. He also commented on how beautiful the yards and flowers look in West Carrollton.

Mayor Gilman agreed with the comments about the students. She said that we can learn from our children. She commended the third graders and their teachers. The Mayor also noted that the Memorial Day Parade will be held at 1:00 p.m on May 30^th. She added that the pool will open at 12 noon on Saturday. The Mayor thanked Ron Ziemkowski on cameras.

A motion was made by Mayor Gilman, seconded by Mr. Gordon, to recess to an Executive Session to discuss a real estate matter and to a Work Session to discuss the items on the agenda. A unanimous roll call vote carried the motion.

Council recessed.

EXECUTIVE SESSION

An executive session was held to discuss a real estate matter.

Following the executive session Councilmember Don Mounce made a motion, and it was seconded by Deputy Mayor Bill Gordon, to reconvene into the regular session.

WORK SESSION

Joining City Council for the Work Session was Don Hill, Service Director. Councilmember Jeff Sanner left the meeting.

City Council reviewed the list of Action Items prepared from the 1999 City Council Vision Retreat. After a brief discussion on this matter, City Manager Williams indicated that he would revise the list and assign responsibility for the implementation of the various action items, and return the list to City Council for further review.

City Councilmember Jack Jensen excused himself from this portion of the meeting, due to a possible conflict of interest, and left the room.

Service Director Don Hill and City Manager Williams discussed their ideas on how the City should approach the development of a right-of-way control ordinance. Following the discussion on this matter, staff indicated that they would prepare a draft ordinance for Council's consideration at a later time.

Deputy Mayor Bill Gordon raised a question about the possibility of holding the annual Employee Appreciation Picnic in the evening while the swimming pool was open, so that swimming could be a part of this event. Concern was expressed that few would probably attend, and that the midday picnic attracted more employees.

Councilmember Linda Lotspaih inquired as to the location of the five posting places for the Council meeting agendas, and asked if another location had been selected since the closing of Woody's Market. City Manager Williams noted that he would check into this matter and report back to City Council.

Mayor Gilman reminded the City Council of the D.A.R.E. graduation dates. Also, Mayor Gilman noted that she had heard that a county prosecutor had issued an opinion concerning the possible loss of governmental immunity, if a jurisdiction participated in the CareNOW® program.

Councilmember Don Mounce raised a question to clarify whether or not there was a recommendation in the Police Department's report regarding the liquor license which was on the agenda earlier in the evening.

A motion to adjourn the meeting was made by Councilmember Mounce, seconded by Councilmember Lotspaih. All present voting in favor, the meeting was adjourned.

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