[0:00] All three of you? Good evening. Good evening. Like the welcome of the other one to the regular city council meeting,

[0:15] for Monday, February 11th, 2019. With that, I would like to ask Councillor Mere Penning� a she would

[0:22] lead us in a prayer and a pledge of allegiance, please.

[0:24] Thank you, Mayor.

[0:25] Before I get it began tonight, I would like to take a moment of silence to remember

[0:31] the Clairemont County Detective Bureau whose life was lost last week as family and as colleagues

[0:37] if we could have a moment of silence.

[0:39] Thank you.

[0:48] Shall we pray?

[0:49] Dear Heavenly Father, we give you thanks for the many blessings that you have.

[0:53] We ask you for your guidance and the decisions we make today and in the future to complying

[1:03] with your will.

[1:04] We pray for peace and healing for the people of Clairemont County, suffering the loss

[1:11] of their falling officer, and we pray for their protection of our men and women here

[1:17] at home that serve to protect us.

[1:20] Keep them safe from harm's way in your precious, holy name we pray.

[1:26] Amen.

[1:27] Amen.

[1:28] I pledge allegiance to the flag of the United States of America and to the Republic for which it stands,

[1:35] one nation under God invisible with liberty and justice for all.

[1:41] Thank you.

[1:43] Thank you, Councilmember.

[1:44] Madam Clerk, we have a roll call please.

[1:47] Councilmember Pennington.

[1:48] Here.

[1:49] Councilmember Abbott.

[1:50] Here.

[1:51] Councilmember Defafania.

[1:52] Here.

[1:54] Councilmember Overson.

[1:55] Here.

[1:57] Here.

[1:58] All are present tonight.

[2:00] Are there any agenda modifications?

[2:02] Seeing none to ever request for executive session.

[2:05] Yes, Your Honor, to discuss pending or imminent court action and to prepare for conduct or review

[2:11] negotiations.

[2:12] We're burning sessions with the public employees considering their compensation or other

[2:16] terms and conditions of their employment.

[2:18] I'll make a motion for executive session for the recent state by the city manager.

[2:22] Second.

[2:23] We have a motion in the second for executive session for the resuscated by the city manager.

[2:26] Madam Clerk, we have a roll call, please.

[2:28] Councilmember Pennington.

[2:29] Yes.

[2:30] Councilmember Abbott.

[2:31] Yes.

[2:32] Councilmember Defafania.

[2:33] Yes.

[2:34] Councilmember Overson.

[2:35] Yes.

[2:36] Councilmember Bessel.

[2:37] Yes.

[2:38] Councilmember Keller.

[2:39] Yes.

[2:40] Thank you.

[2:41] Thank you.

[2:42] Thank you.

[2:43] We have no special presentations tonight.

[2:44] Do we have any citizen comments to be brought up before council tonight?

[2:49] Seeing none, we do have a joint public hearing on the 42-35-malhouser property.

[2:55] And Madam Clerk, we have a roll call of our planning commission, please.

[3:00] Commissioner Singer.

[3:02] Commissioner Hasler.

[3:04] Commissioner Langevin.

[3:07] Commissioner Lepsky.

[3:09] Commissioner Paulis.

[3:10] Commissioner Bagley.

[3:12] We have a motion in the second to excuse Commissioner's Hasler, Langevin and Bagley.

[3:24] All in favor?

[3:25] Right.

[3:26] Post.

[3:27] Motion carried.

[3:28] Madam Clerk, could you read the joint public hearing notice, please?

[3:33] All property owners and citizens of Fairfield, Ohio are hereby notified that a joint public hearing

[3:38] between the Planning Commission and City Council has been scheduled for 7 o'clock PM.

[3:42] Monday, February 11th, 2019 at the Fairfield Municipal Building at 5350 pleasant avenue

[3:47] for Fairfield, Ohio 45014.

[3:50] The purpose of the hearing is to solicit citizen input regarding a rezoning of lot numbers

[3:55] 95409541-9542 and PT-9543 or 4235-malhouser road from PUD planned unit development district to M2 general industrial district.

[4:10] Parties wishing to review the application may do so by visiting the development services department,

[4:14] located at the Fairfield Municipal Building.

[4:16] Questions may be directed to the Department by telephone at 513-867-5345,

[4:21] or via email at development at Fairfield-dustcity.org.

[4:25] The Department has opened Monday through Friday between the hours of A to clock AM and 5 o'clock PM.

[4:29] Thank you, Madam Clerk.

[4:31] Ms. Lynn?

[4:32] Good evening, Honorable Mayor, Council and Planning Commissioners.

[4:35] As mentioned, we are here tonight for a request to resume this property from Planning and

[4:41] a Development PUD back to its original M2 general industrial zoning district.

[4:46] Just to kind of let you know where we're at.

[4:49] I have an area here, but the top left shows you that you're about 1,000 feet east of Route 4 on

[4:58] Mowhouser Road and then we've zoomed in so you can actually see the site in a little bit more detail.

[5:03] This, if you remember, is the former location of the Frederick Holsberger Corporation,

[5:08] which operated for about 15 years until about the mid 2000s.

[5:14] Originally there was a warehouse that was constructed in the 80s and this is the original building right here.

[5:23] In the early 1990s, Mr. Holsberger purchased a site to use as a distribution center for his hair care.

[5:31] It was a beta product, if you remember, which was a permitted use in the M2.

[5:36] Then he had a brilliant idea to consolidate all of his businesses related to that field and

[5:43] located in Fairfield.

[5:45] In order to do that, he needed to request a Planning and Development because some of the uses were not industrial.

[5:51] In 1993, he was granted that PUD and he was going to have what he called a learning and development center.

[5:58] So this included a training facility, a beauty school, a dormitory for the students, a day spa day care.

[6:05] Unfortunately, this never got off the ground.

[6:08] What he did do was he did make two additions to the building, the location, and this location.

[6:13] He did tear down two houses that were here.

[6:16] And I think one was torn down as part of the widening of Mohalza Road, as part of the overpass project.

[6:22] And he did build a greenhouse located right here.

[6:26] The property sat vacant for several years.

[6:29] In 2013, the current property owner purchased it.

[6:32] And has been using it for his construction company businesses.

[6:36] This is a zoning map of this site.

[6:39] In yellow, yes, in yellow, it is the subject site outlined in red.

[6:45] As you can see, it is surrounded by the M2 zoning with the commercial located more along route four.

[6:54] The current use is a M2 use.

[6:57] The current PUD zoning and SES opinion is really no longer applicable because it was tied to a project by the previous owner.

[7:04] And since that never really came to fruition.

[7:08] It's operating as the intended original zoning of the site.

[7:13] This is a site plan.

[7:14] As you can see, it consists of about six lots with five curb cuts.

[7:19] Again, part of the original plan by Mr. Holesberger.

[7:24] The building right here is the existing building, which is about 20,000 square feet.

[7:28] His existing parking and storage lobby has for his equipment.

[7:33] He is proposing to build about 10,000 square foot warehouse building.

[7:38] And in between these two buildings would like to use it for any equipment storage yard.

[7:43] The existing greenhouse, unfortunately, will have to be removed because it's located in the area where the applicant needs to build his building.

[7:53] I do have some pictures here of the site.

[7:56] The top is the existing parking lot.

[7:58] It's what you see heading west towards route four on Mallhouser.

[8:01] You can kind of see the equipment that he has stored there.

[8:04] Some of his vehicles as well as materials.

[8:08] He has a semi trailer there with his name on it.

[8:11] On the bottom left, that is where he wants to have his contractors.

[8:16] This, or I would say, is his equipment lot.

[8:19] To the left is the existing building.

[8:22] Down here you can see is that greenhouse.

[8:24] And then to the bottom right is a better view of where the new building will be located.

[8:29] The warehouse will be about here.

[8:32] Unfortunately, again, as we mentioned, the greenhouse will have to go.

[8:37] And then this here is just filled dirt that the applicant will have to use to fill this site because as you can see, it does sit low from the road.

[8:46] I believe that kind of wraps up my comments.

[8:50] Tonight is the public hearing.

[8:52] Wednesday is planning commission.

[8:54] It's in two days.

[8:55] We will meet at six o'clock.

[8:57] It is a public meeting.

[8:59] At that meeting, we will discuss this site and a little bit more technical detail.

[9:02] We'll kind of talk about the outdoor storage screening.

[9:05] The grab a lot at the curb cuts.

[9:07] Tonight is just a basically an overview.

[9:09] Once planning commission makes their recommendation.

[9:12] We'll set it back to you all for a second reading on the 25th.

[9:16] And then wrap it up with a third reading on March 11th.

[9:20] If you have any questions, I'd be happy to answer them.

[9:23] If not, the applicant is here.

[9:25] The owner of JTF construction.

[9:27] And he can just give you a few words of an overview of what he's proposing to do.

[9:33] Mr. Fisher.

[9:37] Thank you.

[9:40] Thanks.

[9:41] We've been drawing for years since we started over business point two years ago.

[9:46] Do you talk to the microphone?

[9:49] Yes.

[9:51] My voice usually carries.

[9:52] But we've been growing.

[9:53] We've got more equipment.

[9:54] We've had some evangelism there.

[9:56] So with the building, pretty much that building is going to be storage.

[10:00] It's going to house the equipment.

[10:01] Get a lot of things that we just recently had.

[10:04] Bob Cat's broken into door stolen dump truck stolen about nine months ago, year ago, whatever.

[10:11] And it's been an ongoing thing.

[10:13] So to secure it all, get it in the building.

[10:15] The building will match the existing building facade, paint, color, be landscaping out front.

[10:21] So it'll it'll it'll clean the side up.

[10:24] The pictures of the dirt that was up there.

[10:26] Most of that's all cleaned up.

[10:27] It was by the road.

[10:28] But it was too much to get back in here.

[10:30] We've just been stockpiling it for fill.

[10:32] So out of the assumption, we'll be able to get this done.

[10:35] So.

[10:36] But any other questions that anybody would have questions for Mr. Fisher?

[10:40] I wanted to hold a lot of detail just yet.

[10:43] Yeah, well, I don't.

[10:44] Month or Wednesday night, the planning commission meeting is going to get a lot of details.

[10:47] But I just like to want to record the thank you for buying the property.

[10:50] Several years ago and fixing it up.

[10:52] I mean, it was when Fred left.

[10:55] Wasn't in that greatest shape.

[10:57] And you guys have moved in there and been a good corpus.

[11:01] This building's going to help clean it up a lot more.

[11:03] Because a lot of the stuff we have out in the yard will.

[11:05] We'll go in this structure.

[11:06] I think it's 11,000.

[11:08] 200 feet.

[11:09] It's going to be 80 by 140.

[11:11] So we'll align at the street with the face of the building.

[11:14] And then it'll look like it's meant to be there.

[11:16] That's great.

[11:17] And then we'll also have some flat fencing on the fence of the fence in the yard.

[11:20] So you won't see anything that's stored in that yard.

[11:23] Great.

[11:24] So it'll clean it up all the way around.

[11:25] That's great.

[11:26] Well, thank you Mr. Fisher.

[11:27] Which is coming in.

[11:28] I appreciate you.

[11:29] Thank you.

[11:30] Any other comments from Council?

[11:32] Okay.

[11:33] We'll go ahead and close out to public hearing at this point.

[11:36] And we'll move to the Plan Commission on their next meeting.

[11:40] And again, I'd always want to thank the Plan Commission for their time.

[11:43] Not just in being here tonight, but for all you do to help us make our city better.

[11:47] So thank you.

[11:48] Next, we have the regular meeting minutes from January 28, 2019 in the packets.

[11:53] Are there any additions, additions, corrections to those?

[11:57] Seeing none, we'll let those stay in approved as written as submitted.

[12:00] All of business Council member Bezel.

[12:03] I do have a few brief items.

[12:06] First of all, the deadline for boards and commissions is Friday.

[12:10] And as of right now, we have 17 applications to fill 19.

[12:13] Go ahead and submit their application.

[12:23] Also, the spring issue of the Fairfield Flyer arrived at the post office today.

[12:26] And the city staff is working with the designer on the annual report.

[12:31] The annual report will be mailed at the end of March.

[12:34] And lastly, residents continue to sign up for the notify me.

[12:38] Automated alerts, which allows residents to real-time updates from the city through text or email.

[12:44] That's it.

[12:45] Thank you, Councilmember.

[12:46] Next, we'll move to the Development Services Councilmember Wojty.

[12:49] Thank you, Mr. Mayor.

[12:50] I do have two ordinances.

[12:51] The first ordinance is an ordinance and many ordinance number 166-884.

[12:55] The codified ordinances of Fairfield Ohio Section 1141.02.

[12:59] The city of Fairfield Ohio zoning map by approving an amendment to the final

[13:04] Development Plan for the Sims and Pleasant Plan Unit Development.

[13:09] This is the third reading.

[13:11] Okay.

[13:12] With that, I'm sure you're going to make a motion for adoption.

[13:16] Yes.

[13:17] Okay.

[13:19] We will hold the vote because we know there's folks here that would like to speak in the audience.

[13:23] And I would invite anyone to come up now to speak about this ordinance and this change in the zoning.

[13:29] If you would so wish.

[13:39] I'm Ronald Roberto with three maximum move.

[13:42] I'm representing my client to purchase the property.

[13:45] I just wanted to speak on as to why we hope that you will vote in favor of adopting the allowing this property to be used as the client wishes for a grocery store.

[14:00] We feel the property would not be inversely affected by the insertion of a grocery store in this space.

[14:06] Why do I say that?

[14:07] Because the curb carts aren't changing.

[14:09] The parking lot spaces are not changing.

[14:12] It's still going to face the back end of Walgreens.

[14:14] They're not going to mean lights in the windows.

[14:16] Everything that the fairfield has asked that we tell our client to do.

[14:21] He is willingly accepted all the restrictions that you want to put on them.

[14:32] The hours we've restricted the hours even further than Walgreens has in place.

[14:38] I believe my client is really tried as best to see a good corporate citizen.

[14:44] He's trying to serve the community at large that's a Napoleon population that is coming into the area.

[14:52] And that's the purpose of this store is to provide goods and services to knowledge and Napoleon people for food but also the Asian.

[15:00] And so he feels that he's done his research, he feels he can be successful in the area, and he hoped that you will allow him to be there.

[15:08] Okay.

[15:09] Well, thank you.

[15:10] Is there any comments from Council at this point?

[15:13] Seeing none.

[15:16] Is there any other comment from the audience?

[15:18] Oh, any other comments from the audience? I'm sorry.

[15:31] Hi. Good evening. My name is Chabi Nio Peni.

[15:34] I'm a real director at Remax, also where Ron and I work out of the same office.

[15:41] And I know this applicant, Narayan Tungel.

[15:46] He has been a grocery owner for a long time, even back home in Nepal.

[15:53] He, as a young guy, he was a business owner and had two grocery stores in Chicago.

[16:01] And he sold both of them and moved here because a lot of people are moving to this area, making this fair fill area they're home.

[16:10] And there's a need for the grocery store.

[16:14] And being very successful in his business in the past, he thinks he can operate this business very successfully even here.

[16:25] And I want to talk a little bit about the kind of people, the type of people who are.

[16:31] Myself and the applicant share the same values.

[16:36] We have the same culture and tradition.

[16:39] And we are very humble, very kind, hearted people, very helpful to others.

[16:46] And just I want to bring this up because maybe the people who do not know us, maybe thinking that what kind of people are coming and doing business in our neighborhood.

[16:59] So, be very happy that we are very good people, very humble and helpful.

[17:10] So, there is an old question that he will be unsuccessful in his business.

[17:16] He owns this building and he will maintain the property and I'm pretty sure it's not going to be detrimental to the neighborhood.

[17:27] Because he's going to operate his business and he wants to make this building look very nice.

[17:34] So, instead of keeping this building vacant like this, if he uses for his business, it's going to be pretty.

[17:44] And the community looks even better than what it looks now.

[17:49] So, I'm of the opinion that he should be allowed to operate his business in this building.

[17:55] Thank you for being here tonight and providing us your opinion.

[17:58] Thank you.

[17:59] Thank you.

[18:00] So, any other comments?

[18:15] You guys have heard me speak before, Jim Hall, at 4619, Pleasant Avenue.

[18:20] The neighbors were still, we don't see any for another convenience store there, selling beer, wine, cigarettes, lottery tickets.

[18:31] I wish him all the well and his new adventure, but I just don't think that's the right place for him.

[18:36] I hope you guys stick with the original PUD of 2001 that we spend a lot of time with to make that an entrance in the fairfield and trust we get your vote on that.

[18:47] Thank you.

[18:49] Any other comments?

[18:53] Yes.

[18:56] I'm sorry.

[18:59] I'm Harry Bound, 4627 Pleasant Avenue, I've spoken before, also.

[19:05] Again, I want to repeat, as Jim has said, we'd like it to stay a PUD property, just because that's what it was made for.

[19:17] There was a reason that the city decided to do that and that was to keep the residential part of the community intact.

[19:25] The buildings are buffer and when it becomes a, if it becomes a grocery store, it's not going to be such.

[19:33] I mean, that building is built for someone to be there and leave after five o'clock.

[19:39] As far as it changes on the building, I think the changes will be substantial.

[19:44] It'll look like it's somebody put a door in a wall.

[19:48] I don't think that's going to improve the community ending.

[19:52] And for me, personally, my house is directly across from that driveway.

[19:57] So all the cars that come through that driveway shine their headlights into my house.

[20:02] Which is, you know, so that's just going to add more traffic for my property.

[20:08] But my wife and I stand with everybody else, all the neighbors, to say that we wanted to stay as it is.

[20:15] Thank you, Mr. Bell.

[20:17] Thank you.

[20:22] Now we'll move the council.

[20:24] Any comments from council members?

[20:26] Yes.

[20:27] I'm speaking 100% for myself, not representing this city, for any of these people sitting up here.

[20:34] I feel that this gentleman has been let down by his realtors.

[20:38] I'm not doing their diligence.

[20:41] And finding out this was going to be a problem after it was purchased.

[20:46] I don't know if it's going to pass or not.

[20:49] If it does not pass, I will more than happy take the perspective owner and drive him around the city,

[20:55] showing the other properties that would work well for him and help him anyway I can.

[21:02] And council.

[21:03] Any other comments from council tonight?

[21:05] Seeing that in the madam clerk, who do a roll call vote on this place?

[21:09] Oh, and so we have council member,

[21:13] Lucy has made a motion for adoption.

[21:16] Do we have a second?

[21:17] Second?

[21:18] We have a motion and a second for adoption.

[21:20] Can we have a roll call vote?

[21:22] Madam clerk.

[21:23] Council member Pennington?

[21:24] No.

[21:25] Council member Abbott?

[21:27] No.

[21:28] Council member Depofonio?

[21:29] No.

[21:31] Council member Overson?

[21:32] No.

[21:33] Council member Westy?

[21:34] No.

[21:35] Council member Vessel?

[21:37] No.

[21:38] Council member Keller?

[21:39] No.

[21:40] In the vote as unanimous, we have council, the ordinance fails tonight to change the zoning.

[21:49] Okay.

[21:51] Council member.

[21:52] We'll just be right.

[21:53] I do have a second ordinance.

[21:54] The ordinance of meeting ordinance number 166.

[21:57] Dash 84.

[21:58] The codified ordinance is a fair for the Ohio section 1141.02.

[22:01] The city of fair for the Ohio.

[22:02] Zoning map by changing the current federates.

[22:05] Corporation planned unit development class to name two.

[22:08] General industrial district.

[22:10] And we'll let this legislation stand for the second reading and hold pending.

[22:14] The planning commission recommendation.

[22:16] That's all I have Mr. Mayor.

[22:17] Thank you.

[22:18] Council member Keller for parks and recreation.

[22:20] I know we're fortunate, Mr. Mayor.

[22:22] Thank you.

[22:23] Council member public safety.

[22:24] Council member Depofonio?

[22:26] I don't have a report, but I would like to take this opportunity.

[22:29] I've had some health issues.

[22:31] And I just want to thank those that sent me text and emails and cards and phone calls.

[22:39] Although the one card had a PS on it.

[22:42] One of what funeral home was going to be using.

[22:44] I wouldn't.

[22:45] But I do want to thank those that did.

[22:48] I guess when you put it out, you have to take it.

[22:51] Thank you.

[22:53] Thank you council member next public works.

[22:55] Council member Overson.

[22:56] I have three items tonight.

[22:58] First is a resolution declaring a necessity of repairing sidewalks,

[23:02] including the aprons.

[23:03] And I'd like to make a motion for adoption.

[23:06] Second motion.

[23:07] Second for adoption.

[23:08] Any comments from council?

[23:09] Comments from the audience?

[23:11] On favor?

[23:12] Aye.

[23:13] Motion carried.

[23:14] And my second thing is an ordinance to authorize the city manager to enter into a contract with

[23:18] the CSS Construction.

[23:21] The same strategy even for housing.

[23:24] I might be talking about no matter what Selected data is going to find.

[23:26] I'm trying to outline this, she 상황 the Mario carrier.

[23:29] I'm certainly trying to enjoy the location of my family.

[23:32] I'd like to leave a group of comments forullah's dispute.

[23:35] To the society is aquet of萌ter law that quote please.

[23:38] Let's continue to join the level.

[23:40] People must consider saying this don't to take the health control.

[23:42] No thank you.

[23:44] Nim racer couple.

[23:45] the second reading.

[23:47] Thank you, Councilmember.

[23:48] Next, we'll move to public utilities.

[23:50] Councilmember Penningham.

[23:51] No report, Mayor.

[23:52] Thank you.

[23:53] Thank you.

[23:54] Councilmember Abbott.

[23:55] Finance and budget.

[23:56] Thank you, Mr. Mayor.

[23:57] Just one item.

[23:58] The 2019 to 2023 capital improvement program kicked off.

[24:02] And staff will be holding meetings to get input from all the various departments.

[24:07] And the City Manager briefing is scheduled for April the 8th.

[24:12] Thank you.

[24:13] Now, we'll move into our loan new business item for finance and budget.

[24:18] Mr. Wenling, please.

[24:19] Thank you, Mr. Mayor.

[24:21] We need an ordinance to approve not contractual appropriations in the amounts of $100,000

[24:25] for the 2019 annual drainage program.

[24:28] $5,000 for the 2019 street light installation program.

[24:33] $14,000 for electrical improvements at the wastewater division.

[24:36] And $7,000 for sewer to pump station replacements.

[24:40] Thank you, Mr. Wenling.

[24:42] Councilmember Abbott.

[24:43] Thank you, Mr. Mayor.

[24:44] I do have the one item.

[24:45] And I'd like to make a motion to read it by title only.

[24:47] Second.

[24:48] Motion to second, ordinance by title only on favor.

[24:50] Hi.

[24:51] Post, motion carried.

[24:52] It's an ordinance to amend ordinance number 127-18 entitled in ordinance to make estimated appropriations for the expenses and other expenditures.

[25:00] The City of Fairfield, Ohio during a period of getting January 1, 2019 and ending December 31, 2019.

[25:08] And I'd like to make a motion to suspend the second third readings.

[25:11] Second.

[25:12] Motion to second, second, second, third reading on favor.

[25:14] Hi.

[25:15] I pose motion carried.

[25:16] Motion for adoption.

[25:17] Motion to second for adoption.

[25:18] And come to council.

[25:19] Comments from the audience.

[25:20] On favor.

[25:21] Hi.

[25:22] I pose motion carried.

[25:23] And that's all I have.

[25:24] Thank you, Mr. Wenling.

[25:25] I have a course that we have Mr. Abbott.

[25:27] I'm sorry.

[25:28] Madam Clerk, we have the mean schedule please.

[25:33] Monday, February 25th, Council Manager briefing.

[25:35] 630 PM, regular meeting.

[25:37] 7 PM.

[25:38] Monday, March 11th, Council Manager briefing.

[25:40] 6 PM, regular meeting.

[25:41] 7 PM.

[25:42] Thank you.

[25:43] Madam Clerk.

[25:44] We'll now move the executive session.

City Council Regular Meeting

Agenda

Transcript