City Council Meeting 6.21.10

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During a pre-session brief, Council was informed that the Horton Ave. reconstruction effort will also have to include the construction of a new water main running under Horton. Many of the segments of the water main are 100 or more years old and have leaded joints which are prone to leakage. Members of Council decided to add a motion to perform the water main replacement and repair.

Ordinances

The first ordinance read was the Amendment to the Sign Code with specific language to allow for larger and taller signs at the Interstate. Prior to votes being cast comments were made by Councilman Joe Gibson. “We have had this discussion considerably on whether there should be variances included in this revision. There needs to be some flexibility with the City’s sign code. I am afraid that the City is acting out of fear of litigation rather than do the best for the City.  Does this go far enough?”

President Hale invited comments from those in attendance. First up was Chamber of Commerce President Matt Owen. “We (the Chamber) did discuss the topic of variances as Mr. Gibson mentioned. There is some concern with the actual square footage of the sign (250 sq ft). It is important for us to position ourselves for issues that may arise in the future.” To which Councilman Hale inquired – “What do you mean about issue in the future?” To which Owen replied – “If it (the Sign Code) does not meet their requirements, Council will still be asked for a variance. There will probably be a business that has requirements that extends past these new sign sizes/heights.”

Resident and local business owner Steve Staub took to the podium next. “I think that tonight steps are being made in the right direction. I remember picketing out front when the ordinance changed in the first place. I believe that we cannot be so rigid… Each case can be different, I am not a lawyer like many of you are I own a small manufacturing company. I know that the Arts Council wants a mural downtown but the sign code won’t allow it. It’s about doing the right thing.”

The Ordinance passed unanimously and included the begrudging affirmation from Gibson.

Council next set to vote on the Lightner Rd. Annexation (Passed Unanimous) and the resultant Curb and Gutter assessments (Passed Unanimously)

Resolutions

The first resolution was a vote on the appropriation of both temporary and permanent easements at the intersection of Garber and Main to accommodate new light fixtures/mast arms. In a not so surprising turn of events, the gas stations at that intersection have not returned their request for easement paperwork. Residents may recall that Council denied the gas stations requests for LED lighting (sign code) back in 2008. At that time the managing owner of Speedway stormed out of Council chambers stating that he would no longer grant easements to a city that would prevent him from installing LED lighting on his sign. (which since 2008, has become the defacto standard for gas station signs across the Miami Valley) The Resolution passed 6-1 with Bryan Budding casting the lone No vote.

Ordinance First Reading

Authorizes the appropriation of temporary and permanent easements from nine private property owners for Streetscape

Motions

Motion A

An ordinance to approve the hiring of a finance clerk to replace one lost to attrition. Kessler votes No.

>Motion B

To set a public hearing for permanent rezoning of in-lots on East Main St. to the Conservation District. Passes Unanimously

Motion C

Waterline replacement Horton Ave Reconstruction Project. Passes Unanimously