Minutes
September 9, 1997
PRESENT: Mayor Gilman; Council members William Gordon, Bill Ennis, Daryl Garrison, Jack Jensen, Donald Mounce and Jeff Sanner; City Manager Tracy Williams; Assistant City Manager David W. Rowlands; Law Director Patrick Carney; Fire Chief Jack Keister; Police Chief Don Rice; Director of Planning and Economic Development David Humphreys; and Assistant Clerk of Council Patricia Replogle.
The meeting was called to order by Mayor Gilman. Assistant City Manager David Rowlands 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 Meeting of August 26, 1997. Mr. Mounce seconded the motion and noted in his second that there be a correction to the Council comments to reflect that the MVRPC and the State will be monitoring the I-75 area in the future. All members voted yes to a Roll Call vote and the motion carried.
PUBLIC HEARINGS
Ordinance No. 3063: Wireless Telecommunication Towers Regulations
Ordinance No. 3063-An Ordinance amending Chapter 154 of the Code of Ordinances of the City of West Carrollton known as the "Zoning Code", amending Sections 154.01, 154.39, 154.49, 154.59, 154.69, 154.79, 154.79-1, 154.90, 154.101, 154.111, 154.121, 154.131, 154.141, 154.151, 154.161, 154.161-1, 154.171, 154.179, 154.181, and adding Section 154.185 to establish standards to regulate the placement, construction, and modification of towers and wireless telecommunications facilities in order to protect the health, safety and welfare of the public.
David Humphreys presented a staff report to Council regarding the proposed regulations for wireless telecommunication facilities in West Carrollton. Mr. Humphreys noted that the MVRPC had prepared model regulations but the West Carrollton regulations differ slightly due to the City’s requirements and laws. A slide presentation was given to illustrate how the towers and other wireless communication facilities can be set up. Since there can be up to eight providers in this area, the City’s proposed regulations are designed to encourage co-locator towers. Mr. Humphreys noted that the FCC prohibits the City’s regulations from favoring one provider, making the regulation requirements cost-prohibitive, must give written notice if a provider is denied and cannot deny a provider based on frequency provisions since the federal standards will take care of that provision.
Mr. Mounce asked if the City can stop the growth of the towers if the current service would have interference if a new provider was added. Mr. Humphreys noted that this situation would be handled by the FCC regulations and the City would not have jurisdiction for such an occurrence.
Mr. Humphreys noted that in residential districts the regulations will consider all wireless facilities as conditional uses, and that monopole towers be prohibited in all such areas except at schools and city facilities.
In response to Mr. Garrison’s and Mr. Mounce’s questions, Mr. Humphreys stated that the MVCC has an engineer on retainer and any applications would be forwarded to the engineer. The Ohio Basic Building Code would regulate how close the facilities are to residential properties. Mr. Jensen questioned if the 200 feet requirement is based on the property line or the building itself. The regulations would be based on the property line, according to Mr. Humphreys. Mr. Humphreys stated that he would re-work the wording of the proposed regulations regarding the definition of wireless communications in regard to satellite dishes at Mr. Jensen’s request. Mr. Garrison also suggested that a larger scale map of the site plan for applications be provided. Mr. Humphreys concurred.
Mr. Ennis inquired about the code requirements for fencing around these facilities. Mr. Humphreys noted that the City could require enhanced security and that sharp point fencing is already regulated by the City Fence Code.
Mayor Gilman complimented Mr. Humphreys, his staff and the Planning Commission for all of the work they have put into this project. Mayor Gilman opened the floor to any comments from the audience.
Aaron Walker of 4065 Drake Drive in Mason, Ohio appeared before Council. Mr. Walker is a representative of Sprint and wished to answer any questions Council might have.
In reference to some of the comments and questions made earlier, Mr. Walker noted that each of the carriers are provided specific frequencies so there should be no interference among various providers. In response to the earlier concern regarding security, Mr. Walker noted that Sprint usually erects a 6 foot fence with barb wire at the top around their facilities. Mr. Walker also asked if there would be a specific form that could be completed should an access easement be needed. Mr. Humphreys stated that a letter from the owner of the property would be sufficient. Mr. Walker also questioned the two acre limitation that is proposed and wondered if that limitation could be decreased. Mr. Mounce noted that the City is trying to avoid having "antenna farms" in the City. He also questioned the possibility of interference to the dispatch services. Mr. Walker stated that the dispatch services operate at a lower frequency than the wireless facilities.
Mayor Gilman noted that this is the First Reading of Ordinance No. 3063.
COMMUNICATIONS AND PRESENTATIONS
Resolution No. 30-97: Elizabeth A. Grauwelman
Resolution No. 30-97: A resolution acknowledging the appreciation of the citizens and public officials of the City of West Carrollton for services rendered unto said City by Elizabeth A. Grauwelman.
Mayor Gilman requested that Fire Chief Jack Keister, City Manager Tracy Williams and former Fire Chief, now Council member, Bill Ennis join the presentation to Mrs. Grauwelman. Chief Keister thanked Elizabeth for her 11 years of service to the Fire Department as a secretary and EMT. Mr. Ennis thanked Elizabeth for all of her help and support during the time he was Fire Chief. Mayor Gilman and Mr. Williams also thanked Elizabeth for her dedication and hard work. All wished her well in her new home.
Proclamation-Constitution Week
Mayor Gilman proclaimed the week of September 17-23, 1997 as Constitution Week in the City of West Carrollton in recognition of the two hundred tenth anniversary of the signing of the Constitution. Mayor Gilman noted that a copy of the Constitution would be on display at the library and noted how fortunate we all are to be citizens of the United States.
COMMENTS BY THE AUDIENCE
Karen Carter of 16 William Street appeared before Council regarding a crack in the curb at her home. Ms. Carter stated that she does not feel that she should pay for repairs to the cracked curb as she feels that the work performed on the street caused a crack at the manhole cover and consequently a crack in her curb. She stated that she had contacted Mr. Hill at the City and was told that the crack in her curb would be her responsibility to repair. Ms. Carter strongly disagreed with that assessment. Ms. Carter stated that Mr. Sanner had come out and looked at the area. Mr. Williams stated that he would be out in a few days to look at the area in question.
Mike Lotspaih of 233 East Pease Avenue appeared before Council to question the number of calls made by the Police Department to the Junior High School. He gave a paper with the information he had obtained to Mr. Gordon who is the City’s liaison to the schools.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
REPORTS BY OFFICERS
Mr. Williams noted that the first meeting of the Citizens Academy will be on September 22, 1997 at 7:00 p.m. and will focus on the Police and Fire Departments.
Chief Rice wished Elizabeth well in her new home.
UNSCHEDULED BUSINESS
Comments by the audience
There were no comments by the audience.
Comments by Council
Mr. Ennis, Mr. Mounce and Mr. Gordon thanked Elizabeth for all of her hard work and wished her well.
Mayor Gilman noted that the City Beautiful Flower Awards will be presented on October 6, 1997, at 7:00 p.m. at the Senior Citizens/Community Center. The Mayor also noted that Beggar’s Night in West Carrollton will be on October 30, 1997 from 6:00 p.m. to 8:00 p.m.
Mayor Gilman thanked the camera volunteer, Ron Ziemkowski..
Mayor Gilman made a motion to recess to a work session to discuss the items on the agenda. Mr. Gordon seconded the motion. A unanimous roll call vote carried the motion.
WORK SESSION
In addition to City Council; City Manager, G. Tracy Williams; Assistant City Manager, Dave Rowlands; Police Chief, Don Rice; Deputy Chief Rick Barnhart; Fire Chief, Jack Keister; and guests Mike Wren, Montgomery County Sheriff’s Office; Joe Deppen, Motorola; Dave Reeves, P&R Communications; Ray Snider, Ed Jones, Jody Jones, Linda Lotspaih, and Rick Dobson joined the meeting in the Community Meeting Room.
RADIO EQUIPMENT FOR POLICE AND FIRE DEPARTMENTS
Chief Keister gave a brief history of the current and proposed radio system, talked about the features of the proposed system and distributed a handout on the radio system study to the group.
Chief Rice described the benefits of a multiple line radio system and talked about the equipment needs of the department. With the proposed radio system the city will be joining Montgomery County’s system. A radio fee is being charged for a seven year period by Montgomery County for each radio using the 800 MHZ system.
Councilmember Jack Jensen asked what is the life expectancy of the county radio tower.
Mike Wren, Montgomery County Sheriff’s Office, informed Mr. Jensen that the tower is expected to last fifteen years and currently they are in the second year.
Councilmember Bill Ennis mentioned he did not want to piecemeal the system together; he wanted it done right the first time. Would like to have only one system.
Councilmember Don Mounce informed City Council that he cannot take any action on this matter because of a conflict of interest.
Dave Reeves, P&R Communications, discussed the benefits of having two radio systems.
Joe Deppen, Motorola, informed City Council that the City will have the ability to communicate to other users who are not on the 800 MHZ system.
Mr. Deppen, Motorola, stated that the frequency is carried to a computer where it is then sent to the proper location. The computer has a fail safe system, and as a last resort will switch to a backup system.
Chief Rice mentioned that Mike Wren will be overseeing the installation of the new radio system.
City Council requested that legislation be developed for the next meeting.
ADJOURNMENT
Having no further business, Councilmember Don Mounce moved to adjourn. Councilmember Daryl Garrison seconded the motion. All members present voting Yes, the motion carried.
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MAYOR CLERK OF COUNCIL