WASHINGTON COURT HOUSE, OHIO — The Washington C.H. City Council met in council chambers Wednesday in regular session. The minutes of the previous meeting were approved and there were no communications, no report from the director of finance, and no city attorney report.
In the city manager report, Joe Denen thanked all those who participated in the 9-11 remembrance ceremony at the courthouse gazebo, and especially the Fayette County Honor Guard. He also said that an enormous amount of work has gone into preparing for the Scarecrow Festival and that coordinating with the police and fire departments has gone well.
In committee reports, the Economic Strategies and Cooperation and Finance and Personnel meeting minutes were approved by council. The Fayette County Auditor sent a letter to the city regarding certification of the tax levies for tax year 2024 and new legislation was placed on first reading at this meeting to accept the amounts and rates from the budget commission for passage.
In other legislation before council, the ordinance amending the building maintenance code for the Downtown Historical Business District was placed on third reading and it moved ahead for passage at this meeting.
The ordinance prohibiting the parking of motor vehicles on front lawns of city residents was also placed on third reading and moved forward with passage. The new law means that no motor vehicle or car can be parked on a front lawn within the city limits at any residence.
The ordinance for supplemental appropriations for current expenses of the city during this fiscal year was placed on second reading.
A resolution authorizing the execution and delivery of a lease purchase agreement for a new 2024 Spartan pumper-tanker for the fire department was placed on second reading and moved into adoption.
A resolution that changed the administrators for the deferred compensation plan for professional firefighters was also placed on second reading and moved for adoption.
A final resolution authorizing the city manager and finance director to execute financing arrangements for the purchase of a Vactor combination sewer and vacuum truck for the service department was placed on second reading and adopted.
During the public input portion of the meeting, attorney Derek Muncie addressed council on behalf of his client Della Kesterke, of 1311 Farmington Lane.
Muncie told council of the residents’ concerns regarding the new development at the dead end of Farmington Lane and Greensview Lane, a project being developed by JLB1 Properties. He said that he is aware that growth is coming, but he wants a moratorium on non-conforming lots for any multi-family residential planning on this lot. A moratorium is a temporary suspension or delay of law or activity until a specific issue is resolved.
The lot dates back to when RC Rivers owned the property and the zoning was changed, approximately 24 years ago, from commercial property to R3, residential housing. JLB1 bought the property from Rivers as an R3 property for development. This zoning change was put into affect when the Quail Run subdivision was first being built, according to building official Rod Bryant.
Muncie said as an alternative to a moratorium, he would like to recommend that the zoning be changed from an R3 to R2 classification.
An R3 designation is for multi-family structures having two or more dwellings per structure or condominiums. An R2 designation is for single family or two-family dwelling units (duplexes). The plan currently being submitted to the Planning Commission is for three apartment buildings to be built on this lot, with the required minimum lot size, minimum lot frontage, open play and common areas as required and the required landscaping, such as fencing and tree/foliage.
After much discussion by council and Denen, city attorney Mark Pitstick spoke up and cautioned council members not to discuss this in open forum, and that he disagreed with much of what Muncie said. He said it should be done in an executive session of council. Pitstick said that the city has a planning commission and zoning board and that is their determination regarding current plans being developed.
Pitstick went on to say that the purchaser of the property zoned as R3 at purchase, has rights, and council does not have the right to change that zoning or to strip the owner’s rights as he purchased the land. He cautioned council regarding their replies. City Council chairperson Dale Lynch said that he doesn’t feel like he could even vote on this issue since he lives on Farmington Lane.
It was suggested that a committee be formed to discuss this issue in executive session. A committee was then formed by council to include all council members only. Pitstick said that for legal reasons, he and Denen would not be in attendance at that kind of meeting, because only specific persons can be invited in by a committee in executive session. Pitstick said he could then be invited into the meeting.
Kesterke then stood and said that she wanted her attorney, Muncie, at that meeting. No invitation or resolution to this was made at the current meeting. There was no further discussion on the issue, and no date was set for a committee meeting.
The next meeting regarding this issue is the planning commission meeting set for Tuesday, Sept. 24 and a legal notice was placed in the Record-Herald, pursant to the law.
Shawn Remington then spoke to council regarding his request to repeal the 45-day rule regarding the placing of political signs around town and said the 45-day rule is unconstitutional. Denen said that an ordinance is being drafted to address this issue. Pitstick said that they will not be enforcing that part of the original ordinance regarding the 45-day rule due to a Supreme Court ruling previously announced. They will still have size requirements, no flashing sign requirements, and no placing of signs in right-of-ways in any amended ordinance.
