Minutes

West Carrollton City Council Meeting

June 22, 1999

PRESENT: Deputy Mayor William Gordon; Council Members Bill Ennis, 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; and Assistant Clerk of Council Patricia Replogle.

EXCUSED: Mayor Maxine Gilman.

The meeting was called to order by Deputy Mayor Gordon. Pastor Mark Scroggins of First Baptist Church gave the invocation. The Pledge of Allegiance and Roll Call followed.

MINUTES

A motion was made by Mr. Mounce to approve the minutes of the Regular Council Meeting of June 8, 1999. Mrs. Lotspaih seconded the motion. A roll call vote was taken, all members voted yes and the motion carried.

PUBLIC HEARINGS

ORDINANCE NO. 3137: REZONING CITY LOTS 4521,4522 & 4523 TO M-1/SPI-5

Ordinance No. 3137: An ordinance amending the Zoning map attached to Ordinance No. 1880 and subsequently codified into Chapter 154 of the Code of Ordinances of West Carrollton, and rezoning City Lots Nos. 4521, 4522 and 4523 from M-1, Industrial Park District to M-1/SPI-5, Industrial Park District/Special Interest District.

Mr. Humphreys addressed Council with a Staff Report of the ordinance. Mr. Humphreys said that all of the Alex Tower Shopping Center and Business Park on Alex Road would be affected. The applicant wishes to coordinate a sign area for the entire complex and add flexibility to sub-divide lots, which would be reviewed by the Planning Commission. A third objective was withdrawn by the applicant as the Planning Commission would not approve the addition of an auto service and fuel station at that complex. The Planning Commission recommends the changes to be made under the approval of the Building and Zoning Department.

Mr. Mounce asked if the sign code should be changed. Mr. Humphreys noted that the code would be sufficient for most uses but this is a larger project. Mr. Jensen asked if there would be any changes to principally permitted uses. Mr. Humphreys said that this ordinance does make changes but only reflects changes made and approved to date.

Mr. Jensen expressed concern that this ordinance would weaken the M-1 District. Mr.

Humphreys said that the ordinance would only affect this M-1 District and all other changes had been ratified.

Todd Deutsch, 2080 South Alex Road, President of Horizon Properties, addressed Council. He appeared at the meeting to respond to any questions from Council.

This is the First Reading of Ordinance No. 3137.

COMMUNICATIONS AND PRESENTATIONS

There were no Communications or Presentations.

COMMENTS BY THE AUDIENCE

John Griffin, 5250 Farmersville-West Carrollton Road, addressed Council regarding the passing lanes near the railroad tracks on the road where he lives. He expressed concern that there should be no passing lanes due to the visibility and speed in the area near the railroad crossings. He asked Council to review the matter and consider changes.

Ordinance No. 3134: 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 all recreational vehicles in the required front yard of all residential districts.

A motion was made by Mr. Mounce, seconded by Mr. Jensen, to table Ordinance No. 3134 to allow time to review other options. A unanimous roll call vote carried the motion.

Ordinance No. 3135: An ordinance amending Chapter 154 of the Code of Ordinances of West Carrollton known as the "Zoning Code", amending Section 154.179(E) to establish a standard for easement prohibition regulations.

Mr. Sanner made a motion, seconded by Mr. Mounce, to approve ordinance No. 3135. A roll call vote was taken, all members present voted yes and the motion carried.

TO TIME WARNER ENTERTAINMENT CO., INC.

Resolution No. 15-99: A resolution approving the request from MediaOne to transfer its cable television franchise to Time Warner Entertainments Co., L.P.

Mr. Carney said that the resolution is in proper legal order but the contents should be verified by experts. Mr. Mounce asked when the renewal would be up. Mr. Williams did not know the exact date but felt that it would not be soon, probably several years. Responding to a question from Mr. Mounce, Mr. Williams said that we would be committed until the contract expires and then the City could withdraw. He also said that with deregulation, there may be other cable service providers. Mr. Williams complimented the Cable Council on the work they do. Mr. Mounce said that he meant no reflection on their work, but he was just checking on the City's options.

Mr. Jensen introduced and made a motion to approve Resolution No. 15-99. Mr. Sanner approved the motion. A roll call was taken: Mr. Gordon-yes, Mr. Jensen-yes, Mrs. Lotspaih-yes, Mr. Mounce-no, Mr. Sanner-yes, Mr. Ennis-no. The motion carried.

Ordinance No. 3136: An ordinance authorizing the City Manager to advertise for bids for repair and construction of curb, gutter, sidewalk and driveway approaches, and to expend a sum in excess of $10,000 therefore.

Mr. Hill informed Council that this is the annual program for repairs not done by the residents. The deadline will be mid-July for work to be done by residents.

Mr. Jensen made a motion, seconded by Mr. Ennis, to dispense with the second reading of Ordinance No. 3136. A unanimous roll call vote carried the motion.

Mr. Mounce made a motion, seconded by Mr. Sanner, to approve Ordinance No. 3136. All members voted yes to a roll call vote and the motion carried.

Mr. Williams expressed appreciation to the Lions Club for the Paper Festival. He noted that the 4^th of July fireworks would be held on July 4^th at 10:00 PM at the low dam. He added that the fireworks are a joint effort between the City of Moraine and the City of West Carrollton.

Bill McAllister, 327 Ridgecrest, addressed Council. He said that he is in favor of the sidewalk repairs but has had a problem in finding a contractor to do the work. He said that 30 days is not enough time to find a contractor and complete the work. Mr. Mounce said that when he had repair work done, he had received a great response. Mr. Hill said that it is probably an indication of the economy and there are approximately three contractors in the area that will perform the work. Mr. Hill also noted that the permit needs to be obtained within 30 days, not the work to be done. Mr. McAllister said that when he lived in Cleveland, they had no problem getting contractors. Mr. Mounce said that we need more skilled tradesmen.

Mrs. Lotspaih congratulated and thanked those who participated in the Paper Festival.

Mr. Mounce said that Mr. Gordon did a great job on the festival this year and thanked everyone for attending.

Mr. Sanner and Mr. Ennis expressed appreciation for all the work done on the Paper Festival.

Mr. Jensen said that the Soccer Blast will be held from July 1^st through the 4^th at the Soccer Complex. He also asked about the speed limit study. Mr. Hill responded that they had a hard time getting the proper person out to set up the traffic counters but they have been installed and they may have results at the next meeting.

Mr. Gordon thanked the city staff for all of their help during the Paper Festival. He also congratulated Mayor Gilman for being named Grand Marshal this year. Mr. Gordon thanked Ron Ziemkowski on cameras and those citizens in the audience for attending the meeting.

RECESS

A motion was made by Deputy Mayor Gordon, seconded by Mrs. Lotspaih, to recess to a Work Session to discuss the items on the agenda. A unanimous roll call vote carried the motion.

Council recessed.

Those present for the Work Session in addition to City Council included: Fire Chief Jack Keister; Service Director Don Hill; Planning & Economic Development Director David Humphreys; Assistant City Manager David Watson; and City Manager G. Tracy Williams.

The City Council reviewed additional information prepared for them by architect Gary Snider regarding costs for improvements at Fire Station No. 2, as well as construction of a new Fire Station No. 1. Discussion was held concerning the cost and magnitude of proposed improvements.

City Manager Williams noted that he had contacted Daryl Garrison regarding using his services on a consultant basis to assist in reviewing these proposals and advising the City Council and staff concerning this matter.

Following discussion on fire station improvements, Chief Keister and Don Hill left the meeting.

Discussion was held with City Council regarding drafting Enterprise Zone agreements with the school districts within the city of West Carrollton in preparation for meeting with school district officials.

City Manager Williams advised Council that he had been notified by the Miami Valley Career Technology Center that the CTC is closing the south campus which was established at the West Carrollton High School, due to a lack of student interest. Williams also advised Council that he had received a request from Montgomery County to release the unused ED/GE funds which were granted for this project, and that the Miami Valley Career Technology Center had no objections to releasing these funds back to the County.

A motion to adjourn the meeting was made by Deputy Mayor Bill Gordon. Motion was seconded by Councilmember Jeff Sanner. All present voting in favor, the meeting was adjourned.

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