Good evening. I'd like to welcome everyone to our regular city council meeting for Monday, February 11, 2019. With that, I'd like to ask Council Member Penning Finniss, you would lead us in a prayer and a pledge of allegiance, please.
Thank you, Mayor. Before I get it began tonight, I would like to take a moment of silence to remember the Clairemont County detective bureau whose life was lost last week as family and colleagues, if we could have a moment of silence. Thank you.
Shall we pray? Dear Heavenly Father, we give you thanks for the many blessings that you have
entrusted in us. We ask you for your guidance and the decisions we make today and in the future
to complying with your will. We pray for peace and healing for the people of Clearmont County,
suffering the loss of their falling officer brewer, and we pray for their protection of our men
women here at home that serve to protect us.
Keep them safe from harm's way in your precious,
holy name we pray, amen.
I pledge allegiance to the flag of the United States of America,
and to the Republic for which it stands,
well, I nation under high,
invisible, with liberty and justice for all.
Thank you.
Thank you, Councilmember.
Madam Clerk, we have a roll call
Please Councilmember Pennington here. Councilmember Abbott here. Councilmember Defafania here. Councilmember Overson here. Councilmember we see here. Councilmember Bessel here. Councilmember Keller here.
All of President tonight are there any agenda modifications.
Seeing none to ever request for executive session. Yes, your honor to discuss pending or imminent court action and to prepare for conduct or review negotiations.
We're burning sessions with the public employees considering their compensation or other terms and conditions of their employment.
I'll make a motion for executive session for the recent stated by the City Manager.
Second, we have a motion that's second for executive session for the reason stated by the City Manager.
Madam Clerk, we have a roll call vote, please.
Councilmember Pennington.
Councilmember Abbott.
Yes.
Councilmember Jepafoneo.
Yes.
Councilmember Overson.
Councilmember Weesting.
Yes.
Councilmember Bessel.
Yes.
Council Member Keller? Yes. All are in favor and executive session
follow this meeting. We have no special presentations tonight. Do we have any
citizen comments to be brought up before Council tonight? Seeing none, we do have
a joint public hearing on the 4235 Mohals are property and Madam Clerk, we have a
roll call of our Planning Commission, please. Commissioner Sanger, Commissioner
Councillor, Commissioner Langevin, Commissioner Lepsky, Commissioner Paulis, Commissioner
Beggley.
We have a motion that, second to excuse, Commissioner's hashler, Langevin, and Beggley.
All in favor?
Right.
Post?
Motion carried.
Madam Clerk, could you read the joint public hearing notice place?
All property owners and citizens of Fairfield, Ohio are hereby notified that a joint public
hearing between the planning commission and city council has been scheduled for
7 o'clock PM. Monday February 11, 2019 at the Fairfew and Municipal Building at 5350
Pleasant Avenue, Fairfield, Ohio, 45014. The purpose of the hearing is to solicit that
is an input regarding a rezoning of a lot of numbers 9500, 9500, 9500, 9500, 9500,
425, and PT9543, or 4235 mole hazard road from PUD, planned unit development district to M2,
General Industrial District.
Parties wishing to review the application may do so by visiting the development services department located at the Fairfield Municipal Building.
Questions may be directed to the Department by telephone at 513-867-5345, or via email at development
at Fairfield-city.org.
The Department is open Monday through Friday between the hours of A to clock AM and 5 o'clock PM.
Thank you, Madam Clerk.
Ms. Lynn?
Good evening, Honourable Mayor, Council and Planning Commissioners.
As mentioned, we are here tonight for a request to
resume this property from Planning and Development
PUD back to its original M2 General Industrial Zoning District.
Just to kind of let you know where we're at.
I have an area here, but the top left shows you that you're about
1,000 feet east of Route 4 on Mohalza Road, and then we've
zoomed in so you can actually see the site in a little bit more detail.
This, if you remember, is the former location of the Frederick Holsberger Corporation, which
operated for about 15 years until about the mid-2000s.
Originally, there was a warehouse that was constructed in the 80s, and this is the original
building right here.
In the early 1990s, Mr. Holsberger purchased the site to use as a distribution center
for his hair care, it was a beta product,
if you remember, which was a permitted use in the M2.
Then he had a brilliant idea to consolidate all of his businesses
related to that field and located in Fairfield.
In order to do that, he needed to request a plan unit development
because some of the uses were not industrial.
In 1993, he was granted that PUD,
and he was going to head what he called a learning
and development center.
So this included a training facility, a beauty school, a dormitory for the students, a day
spa daycare. Unfortunately, this never got off the ground. What he did do was he did make two
additions to the building, the location, and this location. He did tear down two houses that were
here, and I think one was torn down as part of the widening of Mohalza Road as part of the
overpass project. And he did build a greenhouse located right here. The property set vacant for several
years, and 2013, the current property owner purchased it, and has been using it for his construction
company business.
This is a zoning map of the site, and yellow, yes, and yellow, it is the subject site
outlined in red.
As you can see, it is surrounded by the M2 zoning with the commercial located more
long route for. The current use is a M2 use. The current PUD zoning in SES opinion is really
no longer applicable because it was tied to a project by the previous owner and since that
never really came to fruition. It's operating as the intended original zoning of the site.
This is a site plan. As you can see, it consists of about six lots with five curb cuts.
all, again, part of the original plan by Mr. Holesberger.
The building right here is the existing building, which is about 20,000 square feet,
his existing parking and storage lobby has for his equipment.
He is proposing to build about 10,000 square foot warehouse building, and in between these two
buildings would like to use it for any equipment storage yard.
The existing greenhouse, unfortunately, will have to be removed because it's
located in the area where the applicant needs to build his building.
I do have some pictures here of the site.
The top is the existing parking lot.
It's what you see heading west towards Route 4 on Mallhouser.
You can kind of see the equipment that he has stored there.
Some of his vehicles as well as materials.
He has a semi trailer there with his name on it.
On the bottom left, that is where he wants to have his contractors
or I would say is his equipment lot to the left is the existing building down here you
can see is that greenhouse and then to the bottom right is a better view of where the
new building will be located. The warehouse will be about here unfortunately again as we
mentioned the greenhouse will have to go 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.
I believe that kind of wraps up my comments tonight is the public hearing Wednesday is planning
commission. It's in two days. We will meet at 6 o'clock. It is a public meeting. At that meeting,
we will discuss this side in a little bit more technical detail. We'll kind of talk about the
outdoor storage screening, the grab a lot at the curb cuts tonight, just to basically an overview.
Once planning commission makes their recommendation, we'll set it back to you all for a second reading
on the 25th and then wrap it up with a third reading on March 11th.
If you have any questions, I'd be happy to answer them.
If not, the applicant is here, the owner of JTF construction, and he can just give you
a few words of or an overview of what he's proposing to do.
Mr. Fisher,
did you talk to the microphone for this thing?
My voice usually carries, but we've been growing, we've got more equipment.
We've had some evangelism there.
So with the building, pretty much that building is going to be stored.
It's going to house the equipment, get a lot of things that we just recently had
Bob Katz broken into door stolen dump truck stolen about nine months ago a year ago
whatever and it's been an ongoing thing so to secure it all get it in the building
the building will match the existing building facade paint color be landscaping out
front so it'll it'll it'll clean the side up the pictures of the dirt that was
up there most of that's all cleaned up it was by the road but it it was too
to get back in here. We've just been stockpiling it for Phil. So, out of the assumption, we'll
be able to get this done. But any other questions that anybody would have for us?
Questions from Mr. Fisher?
I'm going into a whole lot of detail just yet.
Yeah, well, at a month or Wednesday night, the planning commission meeting is going to
get a lot of details. But I'd just like to go on record to thank you for buying the property
several years ago and fixing it up. I mean, it was when Fred left wasn't in that
a shape and you guys have moved in there and been a good corpus medicine for us.
This building is going to help clean it up a lot more because a lot of the stuff we have
out in the yard will go in the structure. I think it's 11,200 feet. It's going to be 80 by 140.
So it would align at the street with the face of the building and it'll look like it's meant
to be there. That's great. And it will also have some flat fencing on the fence of the fence
in the yard so you won't see anything that's stored in that yard. So it'll clean it up all the
That's great.
Well, thank you, Mr. Treasurer.
It was a great change of coming in.
I appreciate it, yes.
Thank you.
Any other comments from Council?
Okay.
We'll go ahead and close out to public hearing at this point and we'll move to the Plan Commission
on their next meeting.
And again, I'd always want to thank the Plan Commission for their time, not just in being
here tonight, but for all you do to help us make our city better.
So thank you.
Next we have the regular meeting minutes from January 28, 2019 in the packet.
are there any additions, additions, corrections to those?
Seeing none, we'll let those stand approved as written as submitted.
Old business, Council Member Bezel.
I do have a few brief items.
First of all, the deadline for boards and commissions is Friday and as of right now, we
have 17 applications to fill 19,
go ahead and submit their application.
Also, the spring issue of the Fairfield Flyer arrived at the post office today and the
City staff is working with the designer on the annual report.
The annual report will be mailed at the end of March.
And lastly, residents continue to sign up for the Notify Me Automated Alerts, which allows
residents to real-time updates from the City through texture email.
That's it.
Thank you, Councilmember.
Next, we'll move to the Development Services Councilmember Wojtik.
Thank you, Mr. Mayor.
I do have two ordinances.
The first ordinances is an ordinance in many order in summer 166-884, the codified
This is a Fairfield Ohio section 1141.02, the City of Fairfield Ohio zoning map by approving an amendment to the final development plan for the Sims and Pleasant planned unit development.
This is the third reading.
Okay, with that.
I'm sure you're going to make a motion for adoption.
Okay.
We will hold the vote because we know there's folks here that would like to speak in the audience and I would invite anyone to come up now to speak about
this ordinance and this change in the the zoning if you would so wish.
I'm Ronald Roberto with three maximum move.
I'm representing my client to purchase the property.
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 our client wishes for a grocery store.
We feel the property would not be adversely affected by the insertion of a grocery store in this space.
Why do I say that?
Because the curb carts aren't changing.
The parking lot spaces are not changing.
It's still going to face the back end of Walgreens.
They're not going to mean lights and the windows.
Everything that the Fairfield has asked that we tell our client to do.
He is willingly accepted all the restrictions that you want to put on them.
The hours we've restricted the hours even further than what Walgreens has in place, I believe
my client is really tried as best to see a good corporate citizen and he's trying to serve
the community at large that's the Napoleon population that is coming into the area.
And that's the purpose of this story is to provide goods and services to knowledge and the
people for food, but also the Asian.
And so he feels that he's done his research, he feels he can be successful in the area, and he hope that you will allow him to be there.
Well, thank you. Is there any comments from council at this point?
Seeing none?
Is there any other comment from the audience?
Oh, any other comments from the audience? I'm sorry.
Good evening. My name is Chabi Newpenny. I'm a real director at Remax, also where Ron and I work
out of the same office. And I know this applicant, Narayan Tungel. He has been a grocery
owner for a long time, even back home in Nepal. He, as a young guy, he was a business owner.
And had two grocery stores in Chicago, and he sold both of them and moved here,
because a lot of people are moving to this area, making this fair fill area their home.
And there's a need for the grocery store.
And being very successful in his business in the past, he thinks he can operate this business very successfully even here.
And I want to talk a little bit about the kind of people, the type of people who are.
We, myself and the applicant, share the same values.
We have the same culture and tradition.
And we are very humble, very kind, hearted people, very helpful to others.
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.
So be very, very happy that we are very good people, very humble and helpful.
So there is no any question that he will be unsuccessful in his business.
He owns this building and he will maintain the property and I'm pretty sure it's not going
be detrimental to the neighborhood because he's going to
operate his business and he wants to make this building look very nice.
So instead of keeping this building vacant like this, if he uses for his
business, it's going to be pretty and the community looks even better than what
it looks now.
So I'm of the opinion that he should be allowed to operate his business in this building.
Thank you for being here tonight and providing us your opinion.
Thank you.
Any other comments?
You guys have heard me speak before.
Jim Hall, the 4619 Pleasant Avenue.
The neighbors were still, we don't see any for another convenient store there,
selling beer, wine, cigarettes, lottery tickets.
I wish him all the well and his new adventure,
but I just don't think that's the right place for him.
I hope you guys think 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. Thank you. Thank you, Mr. Out.
Any other comments from the council? Yes. All right. All right. All right. I'm sorry.
I'm Harry Bound. 4627. Pleasant Avenue. I've spoken before also. Again, I want to
repeat as Jim had said, we'd like it to stay a pud property, just because that's what
it was made for.
There was a reason that the city decided to do that, and that was to keep the residential
part of the community intact, the building's a buffer.
And when it becomes a grocery store, it's not going to be such.
I mean, that building is built for someone to be there and leave after five o'clock.
As far as the change is on the building, I think the changes will be substantial.
It's going to look like it's somebody put a door in a wall.
I don't think that's going to improve the community ending.
And for me, personally, my house is directly across from that driveway.
So all the cars that come through that driveway shine their headlights into my house, which is, you know, so that's just going to add more traffic for my property.
But my wife and I stand with everybody else all the neighbors to say that we wanted to stay as it is.
Thank you, Mr. Bell. Thank you.
We'll move the council.
Any comments from council members?
I'm speaking 100% for myself, not representing this city, for any of these people sitting up here.
I feel that this gentleman has been let down by his realtors.
I'm not doing their diligence.
And finding out this was going to be a problem after it was purchased.
I don't know if it's going to pass or not.
If it does not pass, I will more than happy take the prospective owner and drive him around the city,
showing other properties that would work well for him and help him anyway I can.
Councillor Connolly, have you ever come back from council tonight?
Seeing none, Madam Clerk, who do a roll call vote on this place?
Onions are we have Councilmember Lusty has made a motion for adoption.
Do we have a second?
Second?
We have a motion and a second for adoption.
Can we have a roll call vote?
Madam Clerk.
Council Member Pennington?
No.
Council Member Abbott?
No.
Council Member Deppifaniov?
No.
Council Member Overson?
No.
Council Member Leesty?
No.
Council Member Vessel?
No.
Council Member Keller?
No.
In the vote, as unanimous, we've counseled the ordinance fails tonight to change the zoning.
Okay.
I do have a second ordinance, the ordinance of many ordinance number 166-84.
The codified ordinance is a fair for the Ohio section 1141.02 the city of fair for the Ohio.
Zoning map by changing the current Fendrix Corporation planned to develop a plant the
of them to general industrial district and will let this legislation stand for the
second reading and hold depending the planning commission recommendation.
That's all I had Mr. Mayor.
Thank Council member Council member Keller for Parks and Recuration.
I know reports that Mr. Mayor, thank you.
That counts remember public safety,
counts remember to have a funny out.
Don't have a report, but I would like to take
this opportunity.
I've had some health issues,
and I just want to thank
those that sent me text, and emails, and cards,
and phone calls.
Although the one card had a PSI, one of the what
funeral homes, I was going to be using.
But I do want to thank those that did.
I guess when you'd put it out, you have to take it.
Thank you.
Thank you, Council Member.
Next, Public Works, Council Member Overson.
I have three items tonight.
First is a resolution declaring a necessity of repairing sidewalks, including the aprons.
And I'd like to make a motion for adoption.
Motion for adoption.
Any comments from Council?
Comments from the audience?
On favor?
Aye.
Those motion carried.
And my second thing is an ordinance to authorize the city manager to enter into a contract with
our gear landscaping for a three-year term for the landscaping care and maintenance of the
route for in Patterson Boulevard streetscapes and I'd like to make a motion for adoption.
So I can motion a second for adoption and come as from council, come as from the audience.
On favor. I pose motion carried. And I have an ordinance to authorize a city manager to execute
a contract with Sinesis Construction for the Bridge Maintenance Improvement Project and I'd like
Next, we'll move to public utilities, Council Member Pennington.
I have no report here.
Thank you.
Council Member Abbott, finance and budget.
Thank you, Mr. Mayor.
Just one item, the 2019 to 2023 capital improvement program, kicked off.
And staff will be holding meetings to get input from all the various departments.
And the City Manager briefing is scheduled for April the 8th.
Thank you.
Now we'll move into our low new business item,
for flying in some budget Mr. Winnling, please.
Thank you, Mr. Mayor.
We need an ordinance to approve knock contractual appropriations in amounts of $100,000 for
the 2019 annual drainage program.
$5,000 for the 2019 street light installation program,
$14,000 for electrical provenance at the wastewater division in
$7,000 for sewer to pump station replacements.
Thank you, Mr. Winnling.
Thank you, Mr. Mayor.
Thank you, Mr. Mayor. I do have the one item. And I'd like to make a motion to read it by title only.
Second motion, second, and ordinance by title only on favor on post motion carried.
It's an ordinance to amend ordinance number 127-18 entitled in ordinance to make estimated appropriations for the expenses and other expenditures.
But a city of Fairfield, Ohio during a period of beginning January 1, 2019 and ending December 31, 2019.
And I'd like to make a motion to suspend the second third readings.
Second. Motion. Second. Second. Second. Second. Second. Second. Third. Reading.
On. Favor. Aye. Pose. Motion. Carried. Motion.
For adoption. Motion. Second. For adoption. Comments. Comments.
Comments. Comments. Minion. On. Favor. Aye. Pose. Motion. Carried.
That's all I have. Thank you, Mr. Wynnland. That's all we have. Mr. Abbott. I'm sorry.
Madam Clerk, we have the. Means. Schedule. Please. Monday. February 25. Council.
Management. Regulatory. 16.30. P.M. Regular. Meeting. 7. P.M. Monday. March 11. Council.
the manager briefing 6 p.m. regular meeting 7 p.m. Monday, March 25th, Council
Manager briefing 6 p.m. regular meeting 7 p.m.
Thank you, Madam Clerk. We'll now move the executive session.