Minutes
August 8, 2000
PRESENT: Mayor Maxine Gilman; Council Members William Gordon, Vern Angerer, Jack Jensen, Linda Lotspaih, Donald Mounce and Jeff Sanner; City Manager G. Tracy Williams; Assistant City Manager David Watson; Law Director Patrick G. Carney; Building and Zoning Inspector Reneé Snodgrass and Assistant Clerk of Council Patricia L. Replogle.
The meeting was called to order by Mayor Gilman. Pastor Richard Gilbertson of Grace Lutheran Church gave the Invocation. The Pledge of Allegiance and Roll Call followed.
MINUTES
A motion was made by Mr. Mounce, seconded by Mr. Sanner, to amend the minutes of the regular meeting of July 25, 2000, to indicate Mr. Mounce as present at the meeting and then to approve the minutes as amended. A roll call vote was taken, all members voted yes with the exception of Mr. Jensen who abstained.
PUBLIC HEARINGS
There were no Public Hearings.
COMMUNICATIONS AND PRESENTATIONS
There were no Communications or Presentations.
COMMENTS BY THE AUDIENCE
There were no Comments by the Audience.
UNFINISHED BUSINESS
Mr. Jensen was excused and left the meeting while the next three items of business were conducted, due to a possible conflict of interest.
ORDINANCE NO. 3164: ELECTRIC FRANCHISE TO DAYTON POWER & LIGHT
Ordinance No. 3164: An ordinance terminating the electric franchise granted by the City of West Carrollton to the Dayton Power and Light Company by Ordinance No. 3053, passed the 27th day of May, 1997, and granting to the Dayton Power and Light Company, its successor and assigns, an electric franchise in the City of West Carrollton, State of Ohio, for a period of three (3) years, automatically renewing for additional periods of three (3) years unless notice of cancellation is given by either party. (Second Reading)
Mr. Gordon made a motion, seconded by Mr. Angerer, to approve Ordinance No. 3164. A roll call vote was taken, all members present voted yes and the motion carried.
ORDINANCE NO. 3165: NATURAL GAS FRANCHISE TO DAYTON POWER & LIGHT
Ordinance No. 3165: An ordinance terminating the natural gas franchise granted to the Ohio Fuel Supply Company on May 7, 1912, and subsequently transferred to and assumed by the Dayton Power and Light Company, and granting to the Dayton Power and Light company a new natural gas franchise in the City of West Carrollton, State of Ohio, for a period of three (3) years, automatically renewing for additional periods of three (3) years unless notice of cancellation is given by either party. (Second Reading)
A motion was made by Mr. Sanner, seconded by Mrs. Lotspaih, to approve ordinance No. 3165. All members present voted yes to a roll call vote and the motion carried.
ORDINANCE NO. 3166: RIGHT OF WAY ORDINANCE
An ordinance adopting Chapter 97 of the Code of Ordinances, to be known as "Right of Way Ordinance of the City of West Carrollton".
Mr. Mounce made a motion, seconded by Mr. Sanner, to approve Ordinance No. 3166. All members present voted yes to a roll call vote and the motion carried.
Mr. Jensen returned to the meeting.
NEW BUSINESS
RESOLUTION NO. 20-2000: STEVEN S. DAVIS
Resolution No. 20-2000: A resolution acknowledging the appreciation of the citizens and public officials of the City of West Carrollton for services rendered unto said City by Steven S. Davis, Police Officer.
Mr. Gordon introduced and made a motion to approve Resolution No. 20-2000. Mr. Mounce seconded the motion. A unanimous roll call vote carried the motion.REPORTS BY OFFICERS
Reneé Snodgrass, the city's Building & Zoning Inspector, addressed Council. She stated that a report had been filed outlining the history of actions taken regarding the properties on Shannon Avenue and Poplar Street. Mr. Mounce commended her and her staff for the exceptional documentation of the report. Mrs. Snodgrass stated that she had also met with some of the property owners to discuss the status of work on the properties.
UNSCHEDULED BUSINESS
COMMENTS BY THE AUDIENCE
Wayne Harville, 423 Poplar Street, addressed Council. He asked Council if any of them had driven by the properties they had discussed at the prior meeting. Several Council members stated they had. Mr. Harville commended Mr. Williams on the actions taken over the last two weeks. Mr. Williams said that the Police Department has become involved in the area, in addition to actions taken by the Building Inspection Department. He also noted that they have met with one of the property owners and they appear to be willing to do whatever is necessary to improve the situation. Mr. Williams said that the city will continue to pursue the matter. Mr. Carney responded to Mr. Harville's questions regarding the 1996 Court action which was dismissed in Miamisburg Court. Mr. Carney stated that he is unaware of the reason why those charges were dismissed but will check into it. He added that the charges now in court on those properties are being pursued. Mrs. Snodgrass stated that after their report was submitted, she found that the charges in 1996 appear to have been dismissed as a result of an inspection which indicated that the building was considered weather tight, with which the charges were related. Mrs. Snodgrass also stated that the current orders, including the partially disconnected gutter, are to be completed by September 4, 2000.
Billy Reinstatler, 1550 South Alex Road, appeared before Council. He asked about the Right of Way Ordinance. Mr. Williams explained that there are assets in the City which need to be protected from any damages which could possibly occur as a result of work by various companies, such as utility companies. These damages could range from sidewalk damage to street damages. This ordinance would state the right-of-ways and allow the City to recoup any cost of damage replacement or repair.
COMMENTS BY COUNCIL
Mayor Gilman 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. A unanimous roll call vote carried the motion.
Council recessed.
WORK SESSION
Present for the Work Session were: Mayor Maxine Gilman; Council Members Linda Lotspaih, Don Mounce, Bill Gordon, Jack Jensen, Vern Angerer, and Jeff Sanner. Also present were G. Tracy Williams, City Manager, and David Watson, Assistant City Manager.
At the beginning of the Work Session, Council discussed the current status of enforcement of building and zoning regulations on the Shannon Avenue property, including what has been accomplished in the past several years, and what remains to be accomplished with regard to bringing those properties into compliance with the regulations. Council reviewed reports of police activity with regard to law enforcement.
ISSUE TWO
Mayor Gilman briefly reviewed the memo from David Brown, Service Director, regarding Issue 2 submittal applications, the Issue 2 process and the recent history of Issue 2 as a funding mechanism for the city of West Carrollton. In his memo, Mr. Brown stated his recommendation for submitting an application for the Elm Street bridge replacement project as a good project for Issue 2. An application had previously been submitted, but was denied. Submitting it again would ensure some additional points toward achieving approval. Council then discussed additional projects which might be included, such as the flood prevention project along Owl Creek. After some discussion, Council decided to submit the Elm Street bridge replacement project as the Issue 2 project for the next two year funding process.
RECREATIONAL VEHICLE REGULATIONS
Mayor Gilman led some discussion on the relative impact of regulations as proposed, and as they may or may not affect the vision of the community. Items discussed: how staffing could accommodate the regulations; consideration of enforcement; is there sufficient staffing to effect proper and efficient enforcement of the regulations; what will be regulated; what types of vehicles; issues of implementation - grandfathering; long term effects; impact of implementation on sales of properties and future purchase of RV owner residences. Other issues discussed included off site storage of recreational vehicles, and the relative impact of large versus small recreational vehicles.
Following some discussion, it was pointed out that the proposed ordinance would address front yard usage or storage of RV's, particularly the larger recreational vehicles. "Larger" refers to the "box" created around the vehicle. An owner could still park the RV on the property somewhere other than in the front yard, i.e. the rear or side yard, or in a garage.
Some discussion was held about the impact of the proposed ordinance. It has been some time since the original draft ordinance had been written. The revised ordinance which includes grandfather language has not been reviewed by the Planning Commission. Council agreed that a delay in implementation is needed to allow time to again take the ordinance before the Planning Commission for additional comments. This will provide an opportunity to obtain updated information, such as surveys of other cities which have recently implemented similar or same ordinances. Also during this time questions such as how staff will administer the regulations, determine proof of ownership and registration of existing RV's which qualify for grandfathering, need to be resolved.
VISION ACTION ITEMS
City Manager Williams made a brief presentation which included items in the Vision Statement which had been previously discussed. Action items had been reorganized into a format allowing corresponding items to be grouped into target areas for staff and Council to implement. Mr. Williams indicated that this had been undertaken in response to Council's instruction at the previous Council meeting, to re-draft the items to allow for consideration of staffing, and also to provide Council with some time lines as to implementation. Items were grouped based on such issues as whether they were subsequent or connected to others, and the staffing of certain departments within which the action would be undertaken. Also considered was the likelihood or connection of subsequent issues.
Council then discussed the proposed redraft as presented by City Manager Williams. Following considerable discussion, Council was in agreement that the items as redrafted are in an understandable format. The list of vision action items was accepted.
SOUTH METRO REGIONAL CHAMBER BUSINESS AWARDS
Mayor Gilman briefed Council on the upcoming South Metro Chamber's business awards, asking for any recommendations for businesses in West Carrollton to be considered for nomination. The categories are: small, medium, large business. Several businesses were suggested as possible candidates. Following some discussion, Council agreed to nominate Spectrum Embroidery in the small business category; Red Rock Steakhouse in the medium business category; Dayton Progress in the large business category.
Mayor Gilman asked for comments from City Manager Williams. Mr. Williams responded with a couple of calendar notes. The next Business Focus Group is scheduled for noon on Thursday, September 28th. A Citizens Focus Group will be held on Wednesday, September 27th, at 7:00 p.m.
Mayor Gilman advised Council that she will not be present for the Council meeting on September 12th, due to her attendance on that date at the Ohio Municipal League's annual conference in Columbus. She asked to be excused.
Councilmember Jensen advised Council of the upcoming School Liaison committee meeting scheduled for August 23rd, and asked council members to contact him or Deputy Mayor Gordon with any issues they wished to be brought before the committee.
In conjunction with the free housepaint program, Deputy Mayor Gordon offered that he is working with members of both the West Carrollton Rotary Club and the West Carrollton Lions Club to encourage a volunteer effort to paint several houses. City staff had identified at least four houses whose owners were eligible for the paint program but who were unable to paint the buildings, either due to age, disability, or other health related matters. Mr. Gordon is in contact with the service clubs to determine if enough members are willing paint these houses as part of a community project.
Deputy Mayor Gordon reviewed the status of the community festival for 2001, indicating that the committee is still looking at the main festival issues of entertainment and the contribution from the City of West Carrollton to help seed next year's entertainment budget. For those who are interested in discussing the festival, the next meeting of the committee will be held August 24th, at the Lions Club.
Councilmember Don Mounce told Council that there is a skunk problem in the older section of West Carrollton, noting that several of the residents in his neighborhood have seen skunks in the area. The city needs to address this animal control issue.
There were no additional items from Council. Mayor Gilman asked for a motion to adjourn. It was moved by Deputy Mayor Gordon, seconded by Councilmember Mounce to adjourn the meeting. All present voting in favor, meeting adjourned.
MAYOR CLERK OF COUNCIL