Minutes

West Carrollton City Council Meeting

June 8, 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; and Assistant Clerk of Council Patricia Replogle.

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

MINUTES

A motion was made by Mr. Sanner to approve the minutes of the Regular Council Meeting of May 25, 1999. Mr. Gordon seconded the motion. A roll call vote was taken, all members voted yes and the motion carried.

PUBLIC HEARINGS

ORDINANCE NO. 3134: RECREATIONAL VEHICLE PARKING

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.

Mr. Humphreys presented a staff report to Council. He said that this ordinance has been recommended by the Planning Commission following numerous complaints about recreational vehicle parking. The current ordinance states that recreational vehicles must be parked on paved front drives, or other unpaved areas of the yard if weeds are kept cut. Mr. Humphreys showed several slides to illustrate compliance and violations. He said that there will be four main changes in the ordinance: eliminate parking on front paved surface; temporary consecutive 72 hour parking within a seven day period; parking in side or rear of residence must be on a paved surface, except for vehicles weighing 2,000 pounds or less; and residents cannot live in recreational vehicles (cannot be connected permanently to gas, water, etc.). Mr. Humphreys noted that it may be difficult to enforce the temporary parking. He added that present owners of vehicles would be grandfathered in. Mr. Ennis asked if we would consider providing off-site parking. Mr. Humphreys responded that no joint off-site parking would be given. Mr. Mounce noted that a corner lot would have difficulty complying. Mr. Humphreys stated that an area would have to be paved. In response to a question from Mr. Jensen, Mr. Humphreys stated that we are more liberal than Centerville, Kettering, and Miami Township. Miamisburg is beginning the process but Mr. Humphreys didn't know if Springboro or Moraine has an ordinance.

Mr. Mounce asked if the grandfathering went with the property. Mr. Humphreys replied that that is correct, as the ordinance regulates use of land, not owner. He said that parking may be allowed between houses if both property owners agreed, and the vehicle conformed to the size allowance. He also responded that utility trailers, such as the work trailers Mr. Gordon inquired about, would be under the regulations. Mr. Gordon also stated that he is opposed to having to pay to store the vehicles. Mr. Humphreys said that the Planning Commission felt that if the owner could afford to pay for the vehicle and license, he/she could afford to pay for storage. Mr. Sanner noted that many people use their RV's, particularly boats, three to four times a week. Mr. Humphreys said that most of those would be under the 2,000 pound exemption. Mr. Sanner asked if people complained about pickup trucks, would we outlaw them? Mr. Gordon said that there had been complaints about on-street parking and now it seems it has expanded to include all RV's. Mr. Humphrey said that the Planning Commission recognized that there would be debate regarding the ordinance. Mr. Mounce said that he was glad that the Planning Commission submitted one complete study instead of several areas over time. Mayor Gilman said that many communities prohibit on-street parking. Mrs. Lotspaih asked if a permit is needed for company vehicles, to which Mr. Humphreys responded no. Mr. Jensen suggested that one way to monitor those to be grandfathered in, would be to have a registration period for approximately six months, and those owners would be grandfathered in. Mr. Humphreys said that could be done, but the title would only show the vehicle was owned and not if it was stored at the residence. He said that if the vehicle was not stored at the property, they would lose the provision to grandfather in.

Mr. Humphreys said that the regulations are for the use of land, and if not used over a twelve month period, they would lose the grandfathering. Mr. Mounce asked how long it would have to be used over a twelve month period. Mr. Sanner asked if bringing the vehicle back for one day per year would be allowed. Mr. Jensen said that some of the photographs in the Council packet portrayed dangerous situations. Mr. Humphreys said that there are concerns with the larger RV's and that they can write a separate ordinance for safety concerns.

Ray Horn, 917 Primrose Drive, addressed Council. He asked if any of the Planning Commission members owned RV's and Mr. Humphreys said that some do. Mr. Horn said that this ordinance will be a hardship on RV owners and having a paved driveway will also be a hardship. Mr. Humphreys noted that anything that meets the current regulations would be grandfathered in if used within twelve months.

Noah Pence, 765 Cransberry Drive, spoke to Council. He asked about trailers being commercial vehicles. Mr. Humphreys said that under the current regulations, motorized vehicles must be of a certain size and weight, and all trailers are considered utility trailers even if not used for recreation. Mr. Humphrey also said that the 2,000 pounds refers to the vehicle as it comes from the factory. Mr. Pence expressed concern over the grandfathering as the City will grow and future residents may have or want RV's.

Bill Marsh, 1148 Alex Road, addressed Council. He said that the 72 hour minimum is inadequate for temporary parking. When they bought their vehicle, it took longer than that to get it ready. He also felt that there should be no weight limit. It should either be allowed or not allowed. He asked for clarification of gas, as used in the restriction of permanent connections. He also questioned use of RV's for overnight camping. Mr. Marsh said that he doesn't see the need for any changes to the ordinance and added that RV people should be involved in creating a new ordinance. Mr. Mounce asked if he would be interested in assisting. Mr. Marsh responded that he would, except on Thursday evenings.

Dave Layne, 259 Cosmos Drive, addressed Council. He said that he has a corner lot and a 20' by 50' pad for RV parking. He asked what he could use it for if not for RV parking. He was informed that he would be grandfathered in as long as he used it at least once a year. Mr. Jensen said the grandfathering would be permanent. Mr. Layne said storage is expensive. Mr. Gordon noted that any new owner of the property would have to have an RV within twelve months.

Jim Freeman, 317 Ellenwood Drive, asked what would happen if he went on a trip for three or four months. He was told that he would not lose the grandfather stipulation if he used the vehicle within twelve months. Mr. Freeman said that he feels he should have the right to park his RV where he wants on his property.

Julie Ziemkowski, 323 Ridgecrest, gave to Council pictures of an RV owned by her neighbors which is parked beside the house. She said that she is concerned about the safety of having the vehicle there as the land is not structurally sound and if it fell over, it could hit their gas line. She asked that RV owners be sensitive to non-RV owners. She also asked if a privacy fence is allowed. Mr. Humphreys said that Mrs. Ziemkowski has the right to protect her property. Although the RV in the photograph is not in violation of the current regulations, if it is leaning on her property, she has the right to ask to have it moved.

Bill McAllister, 327 Ridgecrest, addressed Council. He said that it is his vehicle in those photographs. He said that the vehicle is on his property and is parked there to keep from being an eyesore. He said that the ground is hard clay and the vehicle is not in danger of falling. He said that the RV will not be left like that, adding that the area will be graveled and eventually paved.

Don Trusty, 341 Diana Drive, addressed Council. He said that he has RV'd for over twenty-five years and likes the convenience of having his RV at his home. He doesn't like storing it. He said that RV people are the best people in the world. He doesn't want to see future generations stripped of this right because they can't afford to comply with these regulations. He said that in response to complaints he did some work on his parking pad to make it look nice. He said that he doesn't complain about his neighbors and the ones that do complain will complain about anything as they are unhappy or angry about something else.

Ellen McAllister, 327 Ridgecrest, spoke to Council. She said she was surprised to hear about the complaint from the Ziemkowskis. She thought they were doing the right thing in moving the RV to the side of the house. She said communication is very important.

Dave Layne, 259 Cosmos Drive, addressed Council again. He said that the new RV's that are coming out are 109" wide and bass boats are also being enlarged. He said they are legal on Ohio roads and Council should keep this in mind.

John Mossbarger, 769 Cransberry Drive, informed the clerk that he wished to go on record as being opposed to Ordinance 3134 but did not wish to address Council at this time.

This is the First Reading of Ordinance No. 3134.

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. Humphreys informed Council that this is a housekeeping issue due to an inconsistency in how easements are controlled. Right now there is no authority to recognize easements. Mr. Jensen said that he does not understand the wording in section E 3. Mr. Humphreys responded that the ordinance will not regulate moveable items. He noted that there is a double negative in the wording which will be corrected.

Ray Horn, 917 Primrose, addressed Council. He said that he lost some of his easement a long time ago. He has a pool now and wonders if he will have to move it. Mr. Humphreys said that the drainage easement now could require it be moved, but he may leave it unless it is necessary. He said the new ordinance would not require it to be moved. Mr. Mounce asked if the pool were built today, would it be allowed? Mr. Humphreys replied that it would not, due to the flood damage ordinance, but the new ordinance itself does not require moving the pool.

This is the First Reading of Ordinance No. 3135.

There were no Communications or Presentations.

There were no Comments by the Audience.

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. Sanner made a motion, seconded by Mr. Mounce, to approve Ordinance No. 3131. A unanimous roll call vote carried the motion.

AND CONDITIONS FOR APPROVAL OF CONDITIONALLY PERMITTED USES

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

A motion was made by Mr. Mounce, seconded by Mr. Jensen, to approve Ordinance No. 3132. A roll call vote was taken: Mr. Ennis-yes; Mr. Gordon-no; Mr. Jensen-yes; Mrs. Lotspaih-yes; Mr. Mounce-yes; Mr. Sanner-no; Mayor Gilman-yes. The motion carried by majority vote.

Ordinance No. 3133: An ordinance amending Chapter 154 of the Code 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.

Mr. Jensen made a motion, seconded by Mrs. Lotspaih, to approve Ordinance No. 3133.

All members voted yes to a roll call vote and the motion carried.

Resolution No. 14-99: A resolution authorizing the City of West Carrollton's participation in the Miami Valley Risk Management Association's Workers' Compensation Group Rating Plan for 2000.

Mayor Gilman, citing Mr. Williams' report, said that the savings in 1998 were $8300, and $23,000 is the projected savings for 1999 due to participation in this program.

Mr. Gordon introduced and made a motion to approve Resolution No. 14-99. Mr. Ennis seconded the motion. A unanimous roll call vote carried the motion.

Mr. Williams said that due to the closing of Woody's Market, a new location is needed for posting the agendas and ordinances. He said that the manager at SuperAmerica, 657 East Dixie Drive, has agreed to provide a location to post them there. Mr. Jensen asked if it would be in a prominent place. Mr. Williams replied that there is a bulletin board by the coolers which is accessible to the public. Mr. Jensen asked that this location be checked after the agendas and ordinances have been posted.

Mr. Mounce made a motion, seconded by Mr. Sanner, to approve the posting of agendas, ordinances and resolutions at the SuperAmerica at 657 East Dixie Drive. A unanimous roll call vote carried the motion.

COMMENTS BY THE AUDIENCE

Robert Trubee, 40 East Main Street, addressed Council. He said that he had received a ticket for parking in a yellow marked area by his home. He said that there is no parking available there, and that they were told that it would not be a problem. He said that if it they had known that it was, they would not have bought the place. He said he didn't know what the solution would be but he wanted to bring it to Council's attention. The Mayor said she always wondered where the owners parked and asked Mr. Williams to check into the matter.

Mr. Ennis, Mr. Jensen and Mr. Sanner said that they appreciated the attendance at the Public Hearing.

Mr. Mounce said that the Paper Festival is next weekend.

Mr. Gordon congratulated the Mayor on her induction into the West Carrollton Schools Distinguished Hall of Fame. He also informed everyone of the events that will be a part of the Paper Festival.

Mayor Gilman congratulated the new businesses in West Carrollton: Signs Now, the Mahara Banquet Center and the Hammelmann Corporation. The Mayor thanked Ron and Julie Ziemkowski on cameras.

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

Council recessed.

Those in attendance at the Executive Session in addition to City Council, Assistant City Manager David Watson and City Manager G. Tracy Williams included Law Director Pat Carney, Planning and Economic Development Director David Humphreys, and Police Chief Don Rice.

Following the Executive Session, Councilmember Don Mounce made a motion, seconded by Councilmember Bill Ennis to convene into the scheduled Work Session.

Mr. Carney and Chief Rice left the meeting.

In addition to City Council, City Manager Williams and Assistant City Manager Watson, those present for the Work Session included Fire Chief Keister, Finance Director Tom Reilly, Service Director Don Hill, Planning & Economic Development Director David Humphreys, as well as architect Gary Snyder.

A discussion was held to review the various alternatives for making improvements to Fire Station No. 2, and also the possibility of constructing a new Fire Station No. 1.

Following this discussion, architect Gary Snyder stated that he would prepare revised cost estimates and have them ready to distribute with the next City Council packet for further discussion at the next meeting.

Chief Keister, Tom Reilly, Don Hill, David Humphreys, and Gary Snyder left the meeting.


City Council agreed to postpone discussion on the other two items on the work session agenda regarding Enterprise Zones and the action items from the annual vision retreat.

COMMENTS BY COUNCIL

Councilmember Don Mounce requested that City Council consider a resolution supporting the proposed construction of S.R. 892, and also that consideration should be given to possibly hiring a full-time Humane Officer due to difficulties in retaining a part-time Humane Officer.

Mayor Gilman suggested that a Citizens Focus Group possibly be formed to review in greater detail the proposed ordinance regulating parking of recreational vehicles on private property.

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

Click here to send a note to the Administration