Dingman-Slagle Road rezone request fails

By Sheryl Roadcap - sroadcap@sidneydailynews.com

SIDNEY — An ordinance to rezone one parcel of land on the south side of Dingman-Slagle Road from an R-1, single family residence to an R-3, multi-family residence district, failed when it came up for a vote before the Sidney City Council Monday evening.

The request of Anna resident Mark Heitman to rezone the parcel of land located on the south side of Dingman-Slagle Road in Sidney was voted down by the Sidney Planning Commission at its March 18 meeting. City Council then held a a public hearing for the rezoning on April 8. At both meetings numerous area neighboring residents of the parcel of land in question spoke against the rezoning request.

On April 8, several council members also voiced being opposed to granting the request and going against the Planning Commission’s recommendation to deny the request.

At Monday’s meeting, after after the item was introduced and Mayor Mike Barhorst announced he would entertain a motion, council members appeared to be slightly confused about what motion to offer if they wished to deny the request. Barhorst said there had to be a positive motion on the floor, so Vice Mayor Mardie Milligan moved to adopt the motion. When a vote came forth, the request failed from unanimous no votes. Barhorst then announced that the rezoning request failed and the crowd in attendance erupted into applause and cheers.

In other business, council adopted three ordinances, and they are:

• To amend a chapter of the city code regarding use of occupancy of city right of way amendments.

“It is necessary to comprehensively plan and manage access to structures and facilities within the rights of way to maximize its use, promote efficiency,” Gary Clough, assistant city manager/public works director said.

Three of the major amendments are:

— Revision of the compensation for occupancy in the right of way from a calculated amount yearly to a set amount of $1,000 per year for less than 10 miles of right of way occupancy, $4,000 per year for more than 10 miles but less than 20 miles of right of way occupancy, and $10,000 for occupancy of more than 20 miles of right of way.

— Addition of a new section that addresses the repair and maintenance of any pavement cuts on roads that have been newly resurfaced or microsurfaced for less than five years in order to help protect the investment Sidney makes into resurfacing and maintaining its roadway system.

— He also changed the title of assistant city manager/public works director listed throughout the document to public works director.

• To make supplemental appropriations for 2019.

• To amend a chapter of the city code regarding charges for excessive loads from industrial users, which are calculated every two years. The rates for years 2019-2021 for TSS per pound will decrease to $0.52 and for COD per pound will decrease to $0.188.

Council also adopted five resolutions, and they are:

• To authorize City Manager Mark Cundiff to submit an $750,000 grant application to the Ohio Development Services Agency (ODSA) for funding on behalf of the city of Sidney and Shelby County under a 2019 Community Housing Impact and Preservation (CHIP) program. The CHIP grant provides funding for a flexible, community-wide approach to improve affordable housing for low- and moderate-income. The program partnership agreement is necessary to ensure both parties understand their responsibilities and the allocation of funds. The grant application is due by May 3, 2019.

• To accept the April 3 recommendations from the Tax Incentive Review Council (TIRC) regarding enterprise zone agreements, community reinvestment area agreements and tax increment financing agreements. The TIRC annually reviews all agreements that grants property tax exemptions to ensure property owners are in compliance with the agreement.

Community Development Director Barbara Dulworth said all companies, except Fresh Unlimited dba Freshway, are in compliance. Due to unforeseen delays with building acquisition, construction and installation was not completed as stipulated in the agreement. Fresh Unlimited is uncertain when the delays will be resolved and do not wish to amend the agreement with new project dates that may not be met, she said.

TIRC recommended continuing all other 11 agreements.

• To reappoint David Gross to a new three-year term to the Downtown Design Review Board to expire May 1, 2022. Gross has served on this board since its inception May 12, 1997.

• To reappoint Sarah Anne Sharp and Ross A. Moore III to a three-year term to the Sidney Tree Board to expire April 30, 2022. Moore was appointed Feb. 22, 2016, to fill the remaining unexpired portion of Marcia Osborne’s three-year term. Sharp was appointed Nov. 9, 2015, to fill the remaining unexpired portion of John Laws’ three-year term.

• To authorize Cundiff to enter into a contract with Bricker & Eckler, LLP., for the rendering of professional legal services in connection with the formation of an Energy Special Improvement District (ESID) and property Assessed Clean Energy (PACE) financing services at a cost not to exceed $5,000.

Also Monday, council posed no objections to any of the city’s annual liquor license renewals.

Cundiff told council after a review of liquor permit-holders was completed by the Sidney Police Department, nothing alarming or unusual was found to object to the renewal of permits. Council exhibited silence on the matter, indicating consent for permit-holders to move forward.

By Sheryl Roadcap


Reach the writer 937-538-4823.

Reach the writer 937-538-4823.