PRESENT: Mayor Maxine Gilman; Council Members Bill Ennis; William Gordon; Linda Lotspaih and Jeff Sanner; City Manager Tracy Williams; Law Director Patrick Carney; Finance Director Tom Reilly; Service Director Don Hill; Director of Planning and Economic Development David Humphreys and Assistant Clerk of Council Patricia Replogle.

EXCUSED: Jack Jensen.

The meeting was called to order by Mayor Gilman. Pastor Dana Brown, West Carrollton Police Department Chaplain, 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 June 23, 1998. Mr. Ennis seconded the motion. A roll call vote was taken. All members voted yes and the motion carried.

PUBLIC HEARINGS

There were no Public Hearings.

COMMUNICATIONS AND PRESENTATIONS

There were no Communications or Presentations.

COMMENTS BY THE AUDIENCE

REPRESENTATIVES FROM BW-3 REGARDING LIQUOR LICENSE REQUEST

David Fisher, Eric Lundgren and John Slaughenhaupt appeared before Council regarding the request for a Liquor License by BW-3. Mr. Fisher addressed Council with information about the new restaurant he and his partners are opening in West Carrollton. BW-3 will focus on being a neighborhood gathering place. They pride themselves on being "family-friendly". Mayor Gilman thanked them for coming to the meeting.

PRIMROSE AREA FLOODING

Ray Horn of Primrose Drive addressed Council regarding the progress being made on the flood control plans. Mr. Williams said that there will be a meeting next Thursday with the engineering consultants. Mr. Horn said that they will be passing out a copy of the letter the City had sent regarding the meeting to other people in the neighborhood. Mayor Gilman thanked him for coming.

Chuck Coughlin of Primrose Drive addressed Council with questions about the tree removal. Mr. Hill said that all of the trees scheduled to be removed have been but he will check to be sure the branches have been removed. Mr. Coughlin also stated that he had seen roots growing in the one sewer line. Mr. Hill stated that those are usually cleaned once a year but he will check on them.

COUNCIL MEMBER APPOINTMENT

Rick Dobson of 3131 W. Alex-Bell Road addressed Council. He inquired as to any upcoming issues involving any disaster or financial problems that Council would be deciding on that would affect property values. Mr. Williams stated that it was a rather broad question and therefore difficult to answer. He said that the economic base is stable and new businesses are coming into the City. The Mayor said that Council feels that any issue before them is important to the citizens. Mr. Dobson said that his point is this: Why did Council re-appoint Mr. Mounce to fill the vacant Council seat when he had been defeated in the recent election? Mr. Dobson feels that Council is ignoring the wishes of the citizens by appointing a person who had been defeated in the election. Mayor Gilman said that Council had looked at nine candidates and experience did carry some weight. The Mayor cited her personal experience by stating that when she lost an election, it did not mean she was not qualified. Mr. Dobson said that he requests each Council member to submit a letter stating why they felt is was okay to put Mr. Mounce back on Council. Mr. Carney stated that Council is not legally bound to do so. Mr. Ennis stated that he would be happy to write a letter. Mayor Gilman thanked Mr. Dobson for coming.

Henderson Reed of 241 E. Home Avenue addressed Council. He stated that he had voted for most of those on Council and he was disappointed that Mr. Mounce had been appointed by them. He feels that since the voters did not elect him, he should not be seated on Council.

UNFINISHED BUSINESS

There was no unfinished business.

NEW BUSINESS

Consideration of the 1999 Tax Budget

Mayor Gilman stated that this is routine but is required. Mr. Reilly said that there had been no additional public input. Mr. Sanner made a motion, seconded by Mrs. Lotspaih, to authorize the City Manager to submit the 1999 Tax Budget to the Montgomery County Auditor. A unanimous roll call vote carried the motion.

Consideration of Liquor License Request - BW-3

A motion was made by Mr. Sanner, seconded by Mr. Gordon, to not object to the liquor license permit request for JED Inc. dba BW-3 on South Alex Road, north of State Route 725. A roll call vote was taken, all members voted yes and the motion carried.

Ordinance No. 3098: Authorize for Bids for Sidewalk, Curb & Gutter Repair

Ordinance No. 3098: An ordinance authorizing the city manager to advertise for bids for the installation and repair to curb, gutter and sidewalks and to expend a sum in excess of $10,000 therefore.

When asked by the Mayor, Mr. Williams indicated that they preferred to have Council’s approval as soon as possible so as to expedite the process. Mr. Gordon made a motion, seconded by Mr. Ennis, to dispense with the second reading of Ordinance No. 3098. A unanimous roll call vote carried the motion. A motion was made by Mr. Gordon, seconded by Mr. Ennis, to adopt Ordinance No. 3098. All members voted yes to a roll call vote and the motion carried.

Ordinance No. 3099: Authorize for Bids for Administrative Staff Car

Ordinance No. 3099: An ordinance authorizing the city manager to advertise for bids for one (1) administrative staff car and to expend a sum in excess of $10,000 therefore.

The Mayor noted that the staff car will be for the Chief of Police. Mr. Sanner made a motion, seconded by Mrs. Lotspaih, to dispense with the second reading of Ordinance No. 3099. A unanimous roll call vote carried the motion. A motion was made by Mr. Sanner, seconded by Mrs. Lotspaih, to adopt Ordinance No. 3099. A unanimous roll call vote carried the motion.

Ordinance No. 3100: Partial Bond Release to West Carrollton Development Co., Ltd.

Ordinance No. 3100: An ordinance releasing a portion of the cash performance bond filed by the West Carrollton Development Company, Ltd., as principals, for the Alex Tower Shopping Center and Business Park.

Mr. Ennis asked if the storm water retention has been taken care of. Mr. Hill responded that it is partially done but one of the items under bond has not been released. Mayor Gilman asked when the work will be completed. Mr. Hill stated that it should be finished in a week or so. Mr. Sanner asked if the $21,000 being withheld will be enough to insure the completion of the remainder of the work. Mr. Hill noted that each portion of the work is issued a dollar amount and is released as it is completed and approved.

Mr. Gordon made a motion, seconded by Mr. Sanner, to dispense with the second reading of Ordinance No. 3100. All members voted yes to a roll call vote and the motion carried. A motion was made by Mr. Gordon and seconded by Mr. Ennis to adopt Ordinance No. 3100. A unanimous roll call vote carried the motion.

Resolution No. 18-98: Montgomery County Solid Waste Management Plan

Resolution No. 18-98: A resolution approving and ratifying the amended Montgomery County Solid Waste Management Plan.

Linda Williams, Administrative Service Manager at the Montgomery County Public works Department, addressed Council. She presented a comparison of the two plans and reviewed the differences. She also informed Council of some of the upcoming plans.

A motion was made by Mr. Sanner, seconded by Mrs. Lotspaih, to adopt Resolution No. 18-98. All members voted yes to a roll call vote and the motion carried.

REPORTS BY OFFICERS

Mr. Williams notified Council that the bid for the asphalt overlay was awarded to L. P. Cavett for $148,967.40 and the slurry seal bid was awarded to Terry Industries for $94,614.86. The work should be completed by the end of August. This is an annual project to improve the City. Mr. Williams thanked everyone involved in the 4^th of July fireworks. He said that he has received many favorable comments. Mr. Williams noted that Chief Rice expressed concern regarding fireworks being used by private citizens and the dangers that brings. Consequently, several arrests were made this year. The City wishes to promote and ensure safety to its citizens. Mr. Williams expressed his appreciation to Police Chaplain Dana Brown for volunteering to serve as the new Police Chaplain. He thanked Council for allowing the purchase of the laptop computers in the patrol cars. He noted that the installations are complete and have had an impact on arrests.

Mr. Williams noted that the Dodson-Stilson Engineering firm has been chosen as engineering consultants for the Primrose flooding problem. There will be a meeting on July 23^rd at 7:30 p.m. with the citizens and the consulting firm. Letters have been sent to those persons who were listed on the petition given to Council.

Mayor Gilman requested that Mr. Carney stay for the Executive Session after the regular meeting.

Mr. Carney commended the City staff on the fireworks.

UNSCHEDULED BUSINESS

COMMENTS BY THE AUDIENCE

Rick Dobson addressed Council again. He asked if a review can be done on the procedures used to appoint Council Members. Mayor Gilman noted that the Charter is reviewed every five years. Mr. Carney noted that the last one was in November 1995. When questioned by Mr. Dobson, Mr. Carney stated that citizens can prepare a petition to have the issue on the ballot before then.

COMMENTS BY COUNCIL

Mayor Gilman said that she had received many good comments on the fireworks and commended the City employees and the City of Moraine. Mr. Williams also expressed his appreciation to the City of Moraine. Mayor Gilman recounted an incident regarding the animal control officer, Cindy Wise. The Mayor thanked Ron Ziemkowski on cameras, Dixon Chaney and his crew for the fireworks, and the Police Department on traffic control.

RECESS

A motion was made by Mayor Gilman and seconded by Mr. Gordon to recess to an Executive Session to discuss legal and real estate matters and to a Work Session to discuss the items on the agenda.

EXECUTIVE SESSION

Present for the Executive Session in addition to City Council were: Attorney Pat Carney, David Humphreys, Planning & Economic Development Director, and G. Tracy Williams, City Manager.

Following the Executive Session, Council reconvened into the scheduled Work Session.

WORK SESSION

JEFFERSON REGIONAL WATER AUTHORITY

Those present for this portion of the meeting included: Doug Mayo, Superintendent of the Jefferson Regional Water Authority; JoAnn Fritz, Jefferson Township Trustee and member of the Jefferson Regional Water Authority; Ray Cox, Attorney for the Jefferson Regional Water Authority; Janice Smith, Chairperson for the Jefferson Regional Water Authority; Don Hill, Service Director; and G. Tracy Williams, City Manager.

A discussion was held concerning Jefferson Regional Water Authority’s request to include within their service area that portion of West Carrollton located south of Farmersville-West Carrollton Road. Following the discussion of this matter, Attorney Ray Cox agreed to prepare a legal document for the City to consider adopting by resolution, setting forth the conditions for this agreement. As soon as this agreement is forwarded to the City and found acceptable, the City will place this item on the City Council agenda for action.

Following this discussion all of the visitors left except for the City Manager.

WEST CARROLLTON TOUCHDOWN CLUB

City Council considered a request which they had received from the West Carrollton Touchdown Club, to contribute funds toward the purchase of a stencil to be used at the Stadium on Student Street. After discussion of this matter Council agreed to contribute $200 to the West Carrollton Touchdown Club for the acquisition of the requested stencil.

COMMENTS BY COUNCIL

Councilmember Ennis inquired about the status of the City’s plans to accept credit cards. City Manager Williams stated that he would check with the Finance Director and give Council an updated report on this matter. Further, Councilmember Ennis inquired about the possibility of releasing some of the funds which had been put on hold last fall because of the budgetary situation for the City. City Manager Williams indicated that he would provide Council with information regarding the financial status of the City’s revenues, and also a list of those items which were put on hold. Councilmember Ennis suggested that the City should begin thinking about plans to expand Fire Station No. 2, and was looking forward to seeing this project completed.

Councilmember Jeff Sanner commented that he had received a complaint about the $2 per bag which the City is charging for the disposal of lawn debris.

Deputy Mayor Bill Gordon noted that Marina Auto Interior had recently removed a structure and left a great deal of debris on the property, which needed to be cleaned up as it is unsightly. The City Manager stated that he would immediately have the Building Inspection Department pursue this matter.

Councilmember Gordon also stated that the Street Department should look at the intersection of Skyview and Ironwood Drives to correct a rough pavement condition in this area. He also noted that the weeds need to be cut down on West Central Avenue just west of Weir Street near DP&L’s natural gas pumping station. Councilmember Gordon also raised questions about the plans to complete the Alex Road widening project, and also the design of this project.

Mayor Gilman asked how many members of Council were planning to attend the National League of Cities conference in December in Kansas City, as she was planning to contact the travel agent regarding air fares. She also noted that the Ohio Municipal League Conference is scheduled for September 30-October 2.

Mayor Gilman asked if any members of Council were interested in serving as the City’s delegate to the Cable Council. Deputy Mayor Bill Gordon expressed interest in serving as the delegate until at least the end of the year. Mayor Gilman indicated that she would take formal action on this at the next regular meeting.

ADJOURNMENT

Deputy Mayor Bill Gordon moved that the meeting be adjourned. Motion was seconded by Councilmember Linda Lotspaih. All members present voting Yes, motion carried and the meeting was adjourned at approximately 9:45 p.m.

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