Jan 10, 2022 City Council Meeting

HAVE ITEMS SIX D SWEARING IN AN OATH CEREMONY FOR MS. KATHLEEN BAKER OR THREE COUNCIL MEMBER BY MS. KAYLEE BAKER.

DO I NEED SUPERS? DO YOU SOLEMNLY SWEAR OR AFFIRM TO SUPPORT THE CONSTITUTION OF THE UNITED STATES? THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE STATE OF OHIO, THE STATE OF OHIO, THE CHARTER, AND ALL ORDINANCES OF THE CITY HEIGHTS CHARTER AND ALL ORDINANCES OF THE CITY OF DUBAI AND THAT I WILL FAITHFULLY HONESTLY, AND IMPARTIALLY PLAYFULLY, HONESTLY, AND IMPARTIALLY DISCHARGE THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITIES.

NEXT UP, WE

[ Swearing In And Oath Ceremony For Ms. Kathleen Baker, Ward 3 Councilmember – Ms. Cayley Baker]

I KEPT BEING BAKER DO SOLEMNLY SWEAR OR AFFIRM BAKER.

I KATHLEEN BAKER, YOU SOLEMNLY SWEAR OR AFFIRM DO SOLEMNLY SWEAR TO SUPPORT THE CONSTITUTION OF THE UNITED STATES TO SUPPORT THE CONSTITUTION.

UNITED STATES, THE CONSTITUTION OF THE STATE OF OHIO, THE CONSTITUTION, STABLE OHIO, THE CHARTER, AND ALL ORDINANCES OF THE CITY OF HUBER HEIGHTS.

AND THAT I WILL FAITHFULLY HUBER HEIGHTS THAT I WILL FAITHFULLY AND IMPARTIALLY THAT'LL FAITHFULLY, HONESTLY, AND IMPARTIALLY DISCHARGE THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITY TO CHARGE THE DIVISION OFFICES BEST.

SO HELP ME GOD AND NEXT

[ Swearing In And Oath Ceremony For Mrs. Anita Kitchen, Ward 4 Councilmember – Mr. Joe Braden]

DOES ITEM SIX E SWEARING IN AND OUT CEREMONY FOR MRS. ANITA KITCHEN WORD FOR COUNCIL MEMBER BY MR. JOE BRAKE.

I NEED A KITCHEN, THE KITCHEN DO SOLEMNLY SWEAR OR AFFIRM, SWEAR, OR AFFIRM TO SUPPORT THE CONSTITUTION OF THE UNITED STATES.

THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE STATE OF OHIO, THE CONSTITUTION OF THE STATE OF OHIO, THE CHARTER, AND ALL ORDINANCES OF THE CITY HAVE FEWER RIGHTS, THE CHARTER AND ALL ORDINANCES OF THE CITY OF HUBER HEIGHTS.

AND THAT I WILL FAITHFULLY HONESTLY, AND IMPARTIALLY, FAITHFULLY AND IMPARTIALLY DISCHARGE THE DUTIES OF MY OFFICE, THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITIES, TO THE BEST OF MY ABILITIES.

SO HELP ME, GOD, HELP ME, GOD.

SO BEFORE WE SIT DOWN, SO THIS IS REALLY, REALLY EXCITING TIME FOR THE CITY OF YOUR RIGHTS.

UM, PERSONALLY, I WANT TO THANK ALL OF YOU.

THERE, HERE CAN SUPPORT THIS LAST FOUR YEARS.

WE'VE SEEN TOUGH TIMES, SO YOU'VE SEEN SOME TOUGH DECISIONS.

WE'VE SEEN SOME GREAT TIMES.

WE'VE GOT A LOT OF SUCCESSFUL LEGISLATION PASSED.

THAT'S WORKING ITS WAY THROUGH THE PROCESS.

AND THE NEXT FOUR YEARS, WE'RE GOING TO START SEEING THE FRUITS OF THAT LABOR.

I PROMISE YOU IT'S COMING.

SO I JUST WANT TO EXTEND A HUGE PERSONAL THANKS TO ALL OF YOU.

UM, THERE'S SO MANY OF YOU HERE THAT I WOULD NEED TO THANK EACH ONE OF YOU AND WE JUST DON'T HAVE TIME TO DO ALL THAT, BUT YOUR SUPPORT HAS MEANT THE WORLD.

I WOULD NOT BE STANDING HERE IF IT WEREN'T FOR YOU.

AND I MEAN THAT FROM THE BOTTOM OF MY HEART, THANK YOU SO MUCH.

I'D LIKE TO WELCOME MY NEW COLLEAGUE NOW.

THANK YOU GUYS.

THANK YOU FOR PUTTING YOUR FAITH IN ME AND TO BEING ELECTED INTO THIS POSITION.

I REALLY TRULY FEEL HONORED, UM, TO MY FOA FAMILY.

YOU GUYS ROCK.

THAT IS MY SECOND FAMILY.

THAT'S MY

[00:10:04]

MY HUSBAND, BRIAN, WOULDN'T BE HERE WITHOUT YOU AND TO LOGAN AND HIS FAMILY.

YOU GOT ME BOATS, PEOPLE HAVING THEIR CURE, KIDS, BUT OUT WALKING WITH US.

UM, CHRIS GREGG, WHO SOMEWHERE AROUND HERE, HE WAS MY OFFICE MATE FOR 12, PROBABLY CLOSE TO 20 YEARS.

HIS AND MY POLITICAL TALKS IS PROBABLY MOTIVATED ME TO RUN IN SOME WAY OR OTHER AND THINGS TO EVERYBODY ELSE WHO SUPPORTED ME.

I TRULY APPRECIATE IT.

THANK YOU FOR YOUR SUPPORT.

I APPRECIATE IT.

IT'S AN HONOR AND A PRIVILEGE.

I HOPE TO CONTINUE TO BE PRIVILEGED TO DO THIS FOR YOU AND TOLD YOU TO BE HOLDING YOUR TRUST.

I KNOW, RIGHT? I, WELL, I, ALL YOU CAN SAY IS THANK YOU.

AND I MAY HAVE RECEIVED TREMENDOUS SUPPORT FROM THE WHOLE COMMUNITY.

UM, I FEEL LIKE I'VE SERVED TWO FOR THE FOUR YEAR, SIX YEARS THAT I'VE BEEN ON COUNCIL AND I WILL CONTINUE TO DO THAT FOR THE NEXT FOUR.

AND LIKE, HEY, I APPRECIATE YOUR TRUST AND YOUR FAITH IN ME.

I WANT TO SAY YOU'RE MR. CAMPBELL HAS BEEN, UH, HIS, HIS EXPERIENCE, HIS WISDOM ON THIS COUNCIL IS JUST, WELL, IT'S UNSURPASSED THE AMOUNT OF TIME THAT HE HAS SERVED.

UM, TALK ABOUT A GUY WITH A SERVANT'S HEART.

IT'S MARK CAMPBELL.

UH, THIS GUY WILL DO WHATEVER NEEDS TO BE DONE TO GET THE JOB DONE AND, UH, YOUR FAITH AS A 11 TIME COUNSELING REMAIN.

UH, AND MY ABILITY TO SERVE ME, THE JOB HAS MEANT THE ABSOLUTE WORLD TO ME.

AND I APPRECIATE YOU MORE THAN I CAN POSSIBLY EXPRESS, BUT I WANT EVERYONE TO HEAR AND KNOW THAT I COULD NOT DO THIS.

UH, APPRECIATE YOUR SWEARING ME IN.

I LOOK FORWARD TO WORKING WITH EVERYONE.

THAT'S ON THE DAYAS BOTH APPOINTED AND ELECTED.

UH, I HAVE SERVED FOR QUITE TIME, UH, BUT THERE'S NOT BEEN A FINER COUNSEL WHO IS SITTING UP HERE IN THE SEAT.

I WANT TO THANK MY FAMILY, MY WIFE, MY DAUGHTER, NATALIE, A SPECIAL SHOUT OUT TO ETHAN RENTALS, UH, MAYOR OF NEW CARLISLE.

I MET A GENTLEMEN EARLIER TONIGHT THAT, UH, KNEW MY BOSS TALKED VERY HIGHLY OF HIM.

I APPRECIATE THAT.

BUT IT'S MY PLEASURE TO SERVE WITH YOU MAYOR AND ALL OF MY COLLEAGUES.

THINK OF HER.

THANK YOU SO MUCH FOR COMING OUT TONIGHT.

AS WELL.

[00:15:11]

YOU STILL HAVE YOUR PRESENTATION.

EVERYBODY'S READY TO GO AFTER THAT.

DON.

WELL, HI, SWEETIE.

HOW ARE YOU? THE SECRET IS NOT TO GO ONE DEGREE ABOVE TO .

I HOPE YOU'RE ALL RIGHT.

SO FAR YOU BETTER, YOU BETTER SOON.

DON'T WALTER.

I SAID, HI, GOOD.

HOW YOU DOING? HAPPY NEW YEAR TO YOU FILL ME IN A LITTLE BIT.

YOU WERE ON GRAND JURY.

GRAND JURIES ARE LONG TIME.

WOW.

SOUNDS LIKE IT COULD SEE OFF THE CHART.

IF WE CAN GET THE MEETING KIND OF GOING AGAIN SO WE CAN MOVE ON WITH THE BUSINESS THAT WE HAVE IN FRONT OF US THIS EVENING.

WOULD APPRECIATE THAT IF WE TO CLOSE THE DOORS.

THANK YOU, JERRY.

[ Huber Heights Military And Veterans Commission Outstanding Veterans Service Award Presentation To Mr. Brandon McClain - Mr. Albert Griggs, Jr., Chair Of The Huber Heights Military And Veterans Commission, And Mayor Jeff Gore]

HUBER HEIGHTS RESIDENTS WHO ARE SUPPORTING OUR VETERANS, UH, HEIGHTS, BUT WE LOOKED AROUND AND WE FOUND THAT WE MAY HAVE EXPAND THAT LOOKING AT PEOPLE WHO DO THINGS FOR VETERANS WHO ALSO AFFECT VETERANS AND HEIGHTS.

NEXT UP WE HAVE ITEM SIX F ITEM SIX F HUBER HEIGHTS, MILITARY AND VETERANS COMMISSION, OUTSTANDING VETERANS SERVICE AWARD PRESENTATION TO MR. BRANDON MCLEAN BY MR. ALBERT GRIGGS, JR.

CHAIR OF THE HUMAN RIGHTS, MILITARY AND VETERANS COMMISSION AT MAYOR JEFF CORE, LIKE ALL THE MEMBERS OF THE COMMISSION, UH, HERE TONIGHT.

I CERTAINLY WANT TO STAND HERE.

I THINK THIS OFTEN NOW I'M AL GREG'S SARAH THAT YOU PROVIDE MILITARY AND VETERANS COMMISSION.

AND THIS EVENING WE ARE VERY PROUD TO BE ABLE TO RECOGNIZE MR. UM, BRENDAN SEEING A PLANE OR SERVICES THAT YOU'VE PROVIDED TO THE VETERANS AND MONTGOMERY COUNTY.

UH, WE'D GIVE OUT TWO AWARDS A YEAR.

AND SO FAR WE'VE GIVEN OUT HOW MANY, FOUR, UM, AND GENERALLY AS FOR

[00:20:01]

AND THAT'S HOW WE, UH, FOUND, UH, BRANDON AND NOMINATED HIM WITH THIS AWARD.

WE THINK GO UP IN THE NORTHERN BETTER.

NOPE, NO BETTER PERSON TO RECEIVE THIS AWARD.

AND GRANTED, AND I'LL READ THIS, UH, CITATION HERE IN A MINUTE AND YOU HONEST, YOU KNOW WHY? SO, UM, STANDBY ALL.

I'LL READ THIS REAL QUICK, BUT WE ARE VERY PROUD TO BE ABLE TO PRESENT THIS TO YOUNG IS VERY SPECIAL TO US.

IT'S VERY SPECIAL TO THE CITY.

AND THEREFORE, WHEN WE GET US TO, WE DON'T TAKE IT LIGHTLY.

IT'S SOMETHING THAT WE REALLY BELIEVE AND WE REALLY QUICK FORWARD.

OTHER AND BOTH HANDS WASHING THE FACE.

YOU RISE MILITARY AND VETERANS COMMISSION PRESENT OUTSTANDING VETERANS SERVICE AWARD TO MR. BLENDON AND SEMEN CLAIM IN JANUARY, WHEN HE WENT TO, TO BE HONEST, HE WAS NOMINATED AND SELECTED FOR THE AWARD IN 2021, HOW IT, SOME ISSUES CAME UP.

UH, WE, WE, UH, DEDICATE OUR VETERANS MEMORIAL.

WE HAD MORE OF THOSE BIG, WE HAD TO DEAL WITH SOME, A VIRUS THAT'S BLOOMING AROUND.

AND, UM, SO WE GOT SLOWED DOWN A LITTLE BIT.

SO WE WERE ABLE TO SET IT UP FOR JANUARY.

SO MR. BRENT, MSCI MCLEAN, OUTSTANDING LEADERSHIP AND THE ENTIRE DRAG SUPPORTING VETERANS WHILE I'M ON DERBY COUNTY RECORDER FROM MARCH 28TH, 2018 TO PRESENT IS NO WORK.

HE HAS INITIATED MANY PROGRAMS AND SERVICES THAT CAN CONTINUE TO BENEFIT MY DERBY COUNTY VETERANS IN THE EYES OF MANY VETERANS HAS CRIED.

ACHIEVEMENT IS A DEVELOPMENT UP AND LAUNCHING OF THE MONTGOMERY COUNTY VETERANS ID PROGRAM ON SEPTEMBER 4TH, 2018.

THIS SINGULAR ACHIEVEMENT HAS BEEN AN IMMENSE BENEFIT TO VETERANS IN MY URBAN COUNTY, INCLUDING VETERANS THAT LIVE IN NEARBY HEIGHTS VETERANS THAT HAVE OBTAINED ID TOTALLY.

AND NOT ONLY IS THIS CARD A VALUABLE SOURCE OF VETERAN IDENTIFICATION.

IT ALSO HONORED IS AWESOME.

IT IS ALSO HONORED BY MANY LOCAL BUSINESSES FOR VETERANS DISCOUNTS, BUT THIS IS A PHENOMENAL ACHIEVEMENT.

THE CLAIM WAS NOT MADE OR APPROVED BY THE MILITARY AND THE VETERANS COMMISSION FOR THE OUTSTANDING VETERANS SERVICE AWARD.

MR. MCCLAIN IS THE FIRST ELECTED OFFICIAL TO RECEIVE OUTSTANDING SERVICE AWARD.

DID I SMELL AND CHECK THAT THE FIRST PERSONNEL SAT IF YOU PRACTICE RECEIVED, DID YOU EVER HIDE SOME MILITARY? AND THE VETERANS COMMISSION FELT MR. IS VETERANS PROGRAM HAS HAD SUCH A TREMENDOUS POSITIVE IMPACT ON YOUR BEHIND SPREAD RUNS, EVEN WARRANTS RECEIVING THE AWARD.

SO WHAT IS IT THAT YOU, OR, UM, WAS DESIGN DEVELOPMENT DESIGNED BY? I BELIEVE THE OLD PALMER AND, UM, RIGHT GERARD MR. GERARD, MR. SMITH, MR. GERARD.

UM, IT HAS SOME OF ALL THE SERVICES ON IT AND IT SAYS BRENDAN C MCCLAIN, MONTGOMERY COUNTY REPORTER FOR OUTSTANDING SERVICE TO VETERANS, COMMUNITY, AND COUNTRY.

AND OF COURSE THE, UM, THE MASONIC LODGE ALSO SPONSORED THE AWARD AND WE COULD HAVE THIS WITHOUT THE CITY COUNCIL AND THE MAYOR.

SO WE ALSO WANT TO THANK HIM FOR FIGHT US WITH THE OPPORTUNITY TO BE ABLE TO PROVIDE THIS PATRICIA, CERTAINLY EXPLAIN EVERYBODY WHAT IT IS YOU DO.

DID EVERYBODY HEAR ME? THEY'RE GOING TO BE ACCUSED OF TWO THINGS.

NUMBER ONE, I CAN'T WHISPER.

AND THE OTHER THING IS IT'S FUNNY ENOUGH, USUALLY WHEREBY PEOPLE CAN HEAR ME, UM, YOU KNOW WHAT, I'M JUST OVERWHELMED AND JUST HUMBLE.

UH, BECAUSE AT THE END OF THE DAY, I WORKED FOR YOU.

UM, YOU KNOW, IT'S, IT'S BEEN SAID THAT SACRIFICE IS THE PINNACLE OF PATRIOTISM.

AND WE KNOW THAT AT THE FOUNDATION, THE BEDROCK OF THIS GREAT NATION ARE PATRIOTS AND THOSE PATRIOTS PRODUCE PER TAKE AND ENABLE A STRONGER COMMUNITY, STRONGER COUNTY AND STRONGER COUNTRY.

ALL OF THOSE WORK TOGETHER, HAND IN HAND, ONE HAND WASHING THE

[00:25:01]

THERE IS NO SINGULAR PERSON THAT WAS RESPONSIBLE FOR THE UPHOLD OF A VALUES, PRINCIPLES, OR BELIEFS THAT FURTHER OUR VETERANS.

IT IS A GROUP EFFORT.

I'M PROUD TO STAND UP WITH MY FELLOW VETERANS AS ALL OF US STAND UP TOGETHER TO WORK, TO MAKE SURE THAT ALL OF OUR BEDROOMS, PEOPLE WERE PREPARED TO GIVE EVERYTHING RECEIVE OUR BEST, BECAUSE THAT WAS WHAT THEY WERE PREPARED TO GIVE TO US.

SO THANK YOU ALL.

THIS IS SUCH A GREAT HONOR.

UH, I MET SOME OF THE NEW COUNCIL PEOPLE, UH, SINCE OUR NEW CIRCUMSTANCES, I HAVE NOT BEEN ABLE TO MAKE THE ROUNDS OUT HERE AS MUCH AS I WANT TO.

UH, BUT WE ARE NOT DOING, HAVE YOU EVER, SOME OTHER GREAT THINGS THAT WE HAVE IN A PIPELINES THAT WILL ALSO BE COMING OUT THAT WILL, WILL ASSIST IN IMPROVED QUALITY OF LIFE FOR OUR BATTERIES.

AND I WANT EACH ONE OF YOU TO BE LOCK AND STEP WITH ME AS WE DO THIS, SO WE CAN CONTINUE TO CREATE A BETTER, DEEPER HIGHS, A BETTER COMMUNITY, A BETTER MONTGOMERY COUNTY FOR ALL OF OUR BEDROOMS. THANK YOU SO MUCH.

UM, MR. MCCLAIN WAS ACTUALLY NOMINATED BY, UH, BY BILL, AFTER BILL EXPERIENCE AT VETERANS THAT EMAIL HOPE IT ACTUALLY, UH, MAYOR ASKED ME TO INDICATE I AM.

YOU'RE THE CHIEF ELECTED OFFICIAL RESPONSIBLE FOR THE SAFETY OF ANYTHING PERTAINING TO THE OWNERSHIP OF YOUR REAL ESTATE.

SO YOUR MORTGAGES, YOUR DS, YOUR LIENS, ANYTHING THAT GOES FOR THE OWNERSHIP OF YOUR PROPERTY, EVENTUALLY MATRICULATES THROUGH MY OFFICE.

UH, ONE OF THE OTHER DUTIES THAT I'M RESPONSIBLE FOR THAT A LOT OF FOLKS DON'T KNOW IS I'M ALSO RESPONSIBLE FOR THE SAFEKEEPING OF THE DISCHARGE OF RELEASE DOCUMENTS, THE DD TWO 14 FOR OUR FEDERALISTS THROUGHOUT THE MIAMI VALLEY REGION, WE HAVE ABOUT 50,000 BEDS, BUT GOVERNOR COUNTY, THE MIAMI VALLEY CONTINUES TO BE A DESTINATION SPOT FOR OUR BIDDERS.

AND THAT'S BECAUSE WE KNOW HOW TO TREAT FOLKS HERE.

AND THIS IS A PLACE WHERE PEOPLE CAN HAVE A GREAT QUALITY OF LIFE AND THAT'S BECAUSE OF ALL OF THEM.

SO THANK YOU FOR ALLOWING ME TO DO WHAT I, A FEW EXTRA WORDS.

SO I REMEMBER, I GUESS IT WAS PROBABLY BACK IN SEPTEMBER, UH, BRANDON CAME HERE AND ACTUALLY MADE THE PRESENTATION TO OUR COUNCIL REGARDING THE, THE, THE VETERANS.

AND, AND, UH, SO BY OUR SAYING, YOU KIND OF JUST DO THAT WHOLE THING ON YOUR BACK AND SAID, THIS IS WHAT WE'RE GOING TO DO.

AND, UH, AS A, AS A FELLOW VETERAN, AND I KNOW WE HAVE SOME OF VETERANS ON OUR COUNCIL REALLY APPRECIATE THE WORK THAT YOU'VE DONE.

I COULDN'T BE MORE PROUD OF YOU THAT AWARD AND OUR, UH, VETERANS COMMISSION FROM THE WORK THAT THEY'VE DONE, UH, IN OUR CITY, SINCE WE'VE, SINCE WE'VE ESTABLISHED THAT CONVENTION, THEY'VE JUST DONE SUCH AN UNBELIEVABLE JOB AND JUST A LITTLE BIT OF HOMEWORK, RIGHT? WHAT CAN WE SAY? I MEAN, YOU GUYS HAVE JUST DONE A PHENOMENAL JOB, SO THANK ALL OF YOU.

THANK YOU FOR RECOGNIZING BRANDON WORKING.

YOU GUYS REALLY APPRECIATE IT IF SOMEBODY AFTER COUNCIL.

NUMBER SEVEN CITIZENS COMMENTS.

WELL, SO BRANDON THANK YOU SO MUCH.

[7. Citizens Comments]

THERE ARE NOT THIS EVENING THERE.

THE NEXT UP IS OUR NUMBER EIGHT CITIZENS THAT ARE REGISTERED TO SPEAK ON AGENDA ITEMS. THEY'RE AN ANSWER.

[9. City Manager Report]

UP IS ITEM NUMBER NINE, WHICH IS A CITY MANAGER REPORT.

BRIAN GAVE ME OKAY.

HOW ARE YOU SERVING EVENING, SIR? I'M WELL, HOW ABOUT YOURSELF? VERY GOOD.

COMPLETION, DATE OF THE 1ST OF SEPTEMBER.

GOOD.

UH, JUST A COUPLE OF QUICK UPDATES FOR COUNCIL TONIGHT, UH, ALLUDED TO IT AT THE WORK SESSION, BUT, UH, WE HAVE A CONFIRMED DATE NOW TO CLOSE WITH THE LIBRARY, UH, THE 13TH OF THIS WEEK.

SO WE'RE MOVING ALONG WITH THAT.

ALSO WANTED TO LET COUNSEL KNOW THAT WE DID RECEIVE PROPOSALS BACK TODAY, UH, REGARDING THE, UH, 2022 WATER MAIN REPLACEMENT PROGRAM.

UH, WE RECEIVED, UH, THREE PROPOSALS BACK FROM, UH, CHOICE ONE ENGINEERING, THE KLEINER'S GROUP AND NORFLEET BROWN AND PEKKA WITS.

THEY ARE CURRENTLY BEING EVALUATED BY STAFF AND WE EXPECT THOSE TO BE AWARDED NEXT WEEK.

UH, WE ALSO HAVE A SCHEDULE NOW FOR THE UTILITY AND THE WATER UTILITY INTEGRITY STUDY.

UH, RIGHT NOW WE ARE GETTING READY TO, UM, UM, PUT THAT OUT WITH LEGISLATION, UH, TONIGHT FROM COUNCIL AND THEN, UH, WE'LL HAVE, UH, LEGISLATION TO AWARD THAT CONTRACT ON THE 28TH OF FEBRUARY AND ATTENDANCE

[00:30:01]

SO NOT IN TIME FOR THE, UH, CAPITAL BUDGET, BUT IN TIME FOR THE OVERALL OPERATIONAL BUDGET OF THE CITY.

SO, UH, IT WILL BE INFLUENTIAL MATERIAL WHEN WE PREPARE OUR 2023 BUDGET, UH, AS WE PROMISED.

SO THAT'S ALL I HAVE FOR COUNCIL TONIGHT, SIR, UNLESS COUNCIL HAS ANYTHING FOR ME.

IF YOU HAVE ANY QUESTIONS, COMMENTS FOR BRIAN THIS EVENING REGARDING INFORMATION AND HIS UPDATE.

A A MOTION TO APPOINT THE CITY OF HUBER HEIGHTS, VICE MAYOR FOR 2022.

NEXT UP IS OUR NUMBER 10 PENDING BUSINESS.

THERE'S NONE ON THIS EVENING THERE.

AND I REMEMBER 11 NEW BUSINESS ITEM 11,

[ A Motion To Appoint The City of Huber Heights Vice Mayor For 2022.]

IS ITEM NUMBER 11, B ITEM 11, B A MOTION TO APPROVE THE 2022 HUBER HEIGHTS RULES OF COUNCIL EFFECTIVE JANUARY 10TH, 2022.

SO, UH, THE WAY WE HAVE ALWAYS DONE THIS, UM, WHEN IT COMES TO, UH, MOTIONS AT THE COUNCIL WORK SESSION ON TUESDAY, THERE WERE TWO NOMINATIONS, ONE FOR MR. CAMPBELL, UH, MADE BY MS. BAKER AND THEN ONE FOR MR. OTTO MADE BY, UH, MR. SHAW, WE WOULD GO IN THE ORDER THAT THE NOMINATIONS ARE MADE.

IS THERE AN OFFICIAL MOTION FOR MR. CAMPBELL FOR VICE MAYOR? IT WAS BECKER.

I'D LIKE TO MAKE A MOTION FOR MR. CANNON WILL BE VICE MAYOR.

IS THERE A SECOND FOR MICHIGAN? MS. BURCH? SECOND, THERE'S A MOTION.

AND A SECOND.

IS THERE ANY DISCUSSION, GET MR. ROGERS? DID YOU CALL THE ROLL PLEASE? MS. BAKER? YES.

MR. SHAWN, NO MOTION TO APPOINT MR. CAMPBELL, VICE MAYOR FOR 2022 PASSES FIVE TO THREE.

NEXT UP

[ A Motion To Approve The 2022 Huber Heights Rules Of Council Effective January 10, 2022.]

MR. ROGERS, FURTHER COMMENTS.

UH, THE ONLY AMENDMENT FROM THE 2021 RULES OF COUNCIL TO THE 2022 VERSION WOULD BE JUST A REFLECTION OF THE AGREED UPON TIME CHANGE TO THE CITY COUNCIL MEETINGS, UH, FROM 7:00 PM TO 6:00 PM.

AND THAT WAS THE RECOMMENDATION OF THE WORK SESSION.

IS THERE A MOTION PLEASE? MR. CAMPBELL MOTION TO ADOPT A SECOND.

SECOND, MS. KITCHEN.

A SECOND MOTION AND A SECOND.

IS THERE ANY DISCUSSION? OKAY.

MR. ROGERS, MR. CAMPBELL.

THIS IS KITCHEN MR. WEB.

NEXT UP IS ITEM 11,

[ A Motion To Appoint Anthony Windsor To The Military And Veterans Commission For A Term Ending December 31, 2024.]

C ITEM 11.

SEE A MOTION TO APPOINT ANTHONY WINDSOR TO THE MILITARY AND VETERANS COMMISSION FOR TERMINATING DECEMBER 31ST, 2024 AND EIGHT.

FOR THE COMMENTS AS STATED, THIS IS A RECOMMENDATION OF STAFF TO FILL A VACANCY ON THE COMMISSION.

SO THE GROUP HERE TONIGHT, UH, THEY'RE DOING A LOT OF GOOD WORK.

AND, UH, THIS GENTLEMAN IS A VERY ENTHUSIASTIC VETERAN WHO WOULD LIKE TO JOIN THIS COMMISSION.

SO RECOMMENDATION IS FOR APPOINTMENT THIS EVENING.

IT WAS THE RECOMMENDATION OF THE WORK SESSION.

IS THERE A MOTION MR. MR. SHAW? TO A POINT, IS THERE A SECOND? SECOND, SECOND, MR. ROGER CALLED THE ROOM.

GARY'S EIGHT TO ZERO.

IF THE GERMAN AND THE TONY'S HERE.

OH, THERE IT IS.

IT'S HARD TO TELL WHAT THE MASS IS.

MR. WINDSOR IS PRESENT HERE IN THE ROOM.

THANK YOU FOR BEING HERE.

WELCOME TO THE COMMISSION.

UP IS ITEM 11, DEALS, ITEM 11 D RESOLUTION APPOINTING THE PUBLIC RECORDS TRAINING DESIGNEE FOR MEMBERS OF THE CITY COUNCIL.

[ A Resolution Appointing The Public Records Training Designee For Members Of The City Council Of Huber Heights, Ohio Under Ohio Revised Code Sections 149.43 And 109.43. (first reading)]

IF YOU BRIGHTS OHIO UNDER OHIO REVISED CODE SECTIONS, 1 49 0.43 AND 1 0 9 0.43.

AT THE FIRST STREET, YOU HAVE ANY FURTHER COMMENTS.

UH, JUST, THIS IS A REQUIREMENT UNDER THE PUBLIC RECORDS LAW THAT COUNCIL HAS FOR EACH TERM, EITHER ATTENDED TRAINING OR DESIGNATED SOMEONE TO, UH, ATTEND THE TRAINING ON THEIR BEHALF REGARDING PUBLIC RECORDS.

UM, I AM THE DESIGNEE UNDER THIS RESOLUTION, BUT THAT DOES NOT PRECLUDE COUNSEL FROM ALSO ATTENDING THE TRAINING ON THEIR OWN BEHALF.

YEP.

WE'VE GONE THROUGH THIS LEGISLATION SEVERAL TIMES, OBVIOUSLY EVERY YEAR.

THAT WAS THE RECOMMENDATION AT THE WORK SESSION.

THIS IS THEIR EMOTION.

IT WAS BURGESS.

LET'S GET PREP.

IS THERE A SECOND, MR. WEBB? I WILL SUCK.

I HAVE A MOTION.

AND A SECOND.

IS THERE ANY DISCUSSION ON THIS, MR. ROGERS CALDWELL, MR. OTTO? YES.

11 E ITEM 11 E AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AND OR RESOLUTIONS AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CITY CODE OF HUBER HEIGHTS, OHIO PROVIDING FOR THE ADOPTION AND PUBLICATION OF NEW MATTER.

AND NEXT UP IS ITEM

[ An Ordinance Approving The Editing And Inclusion Of Certain Ordinances And/Or Resolutions As Parts Of The Various Component Codes Of The City Code Of Huber Heights, Ohio; Providing For The Adoption And Publication Of New Matter In The Updated And Revised City Code As Supplement 8; And Repealing Ordinances And Resolutions In Conflict Therewith. (first reading)]

AND THE UPDATED AND REVISED CITY CODE IS SUPPLEMENT A AND REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT THERE WITH, AT THE FIRST READING ANY FURTHER COMMENT, UH, THIS

[00:35:01]

IS JUST AN ORDINANCE THAT COVERS THE, UH, MOST RECENT ADOPTION OF ORDINANCES AND THEIR INCORPORATION INTO THE CITY CODE IS SUPPLEMENT A, UM, THIS HAS BEEN ADVERTISED IN A NEWSPAPER OF GENERAL CIRCULATION AS REQUIRED BY THE CHARTER.

AND, UH, THE RECOMMENDATION IS TO PASS THIS ORDINANCE ONTO A SECOND READING, I GUESS THAT WAS THE RECOMMENDATION OF THE WORK SESSION.

ANY OBJECTIONS TO PASS INTO ANOTHER READING? OKAY.

NO OBJECTIONS.

WE'LL MOVE THIS ON TO ANOTHER READING.

AND NEXT IS ITEM 11,

[ A Public Hearing Scheduled For January 10, 2022 By The Huber Heights City Council For Zoning Case 21-47. The Applicant Is Campbell Berling. The Applicant Is Requesting Approval Of A Rezoning From AG (Agricultural) To PR (Planned Residential) And A Basic Development Plan For Property Located On The East Side Of Bellefontaine Road And South Of Chambersburg Road And Further Identified As Parcel Number P70 03908 0126 On The Montgomery County Auditor's Map.]

F ADAM 11 HALF A PUBLIC HEARING SCHEDULED FOR JANUARY CHANCE, 2022 BY THE HUBER HEIGHTS CITY COUNCIL FOR ZONING CASE TWO ONE DASH 47.

THE APPLICANT IS CAMPBELL AND THE APPLICANT IS REQUESTING APPROVAL OF RESIGNING FROM AG AGRICULTURAL TO PR PLANNED RESIDENTIAL AND A BASIC DEVELOPMENT PLAN FOR PROPERTY LOCATED ON THE EAST SIDE OF BELL FOUNTAIN ROAD IN SOUTH OF CHAMBERSBURG ROAD, FURTHER IDENTIFIED AS PARCEL NUMBER P 7 0 0 3 9 0 8 0 1 2 6 ON THEM MONTGOMERY COUNTY AUDITOR'S MAN.

TO THE DEVELOPER, THAT THE DETAILED DEVELOPMENT PLAN BE APPROVED BY THE PLANNING COMMISSION, THAT IN AND OF ITSELF REPRESENTS THE STAFF REPORT ON THIS PARTICULAR ACTION ITEM TODAY, UH, MORE THAN HAPPY TO ANSWER ANY QUESTIONS OR CONCERNS THAT COUNCIL MIGHT HAVE ON THIS MATTER.

PUBLIC HEARING IS SCHEDULED FOR JANUARY 10TH, 2022 BY THE HUMAN RIGHTS CITY COUNCIL FOR ZONING CASE 21 DASH 47 IS NOW OPEN.

I WOULD NOW CALL ON THE CITY STAFF TO MAKE ANY OF THE INITIAL PRESENTATION.

THANK YOU, SIR, PLEASE.

THE COUNCIL I'LL MAKE MY COMMENTS FROM THE PODIUM IN LIGHT OF LAST WEEK'S TECHNICAL DIFFICULTIES.

UH, THANK YOU, SIR.

UM, AS THE CLERK HAD INDICATED, UH, THIS PARTICULAR CASE, UH, ZONING IN CASE 2147 A IS FOR THE REZONING OF APPROXIMATELY 23 ACRES, UH, ON BELL FOUNTAIN ROAD, UH, THE APPLICANT IS CAMPBELL BERLIN AND THE DEVELOPMENT IN QUESTION, UH, IS RESIDENTIAL IN NATURE WITH THE TITLE, UH, ADDINGTON PLACE, UH, THE PROPERTY'S LOCATION LET'S SEE HERE.

UM, THE PROPERTY IS LOCATION, UH, IS HIGHLIGHTED HERE IN RED.

UH, THIS, UH, AERIAL VIEW SHOWS YOU CHAMBERSBURG TO THE NORTH, UH, FITCHBURG TO THE SOUTH AND BELL FOUNTAIN ON THE WEST.

UH, AGAIN, THE PROPERTY IS CURRENTLY ZONED AGRICULTURE AND THE REQUEST IS TO REZONE FOR PLANNED RESIDENTIAL, UM, LOOKING AT THE PROPERTY IN A CLOSER CONTEXT.

UH, THIS IS THE PARCEL, UH, NOTED AS DISCUSSED.

YOU'LL, UH, UNFORTUNATELY IT'S DIFFICULT TO SEE IN THIS PARTICULAR SLIDE IN THIS PARTICULAR FORMAT, UH, BUT WE DID PROVIDE THE WATER FEATURE, UH, UH, OVERLAY ON OUR GIS SYSTEM TO DEMONSTRATE THE CREEK, WHICH WAS DISCUSSED AT THE WORK SESSION LAST WEEK.

UH, AND THAT PARTICULAR WATERWAY FLOWS HERE, UH, CLIPS THE CORNER OF THE PARCEL HERE, AND THEN CONTINUES NORTH AT THIS LOCATION HERE.

AND THE PURPOSE FOR INCLUDING THAT SLIDE WAS TO DEMONSTRATE, UH, THAT PARTICULAR FEATURE, WHICH WAS A QUESTION AND CONCERN OF BOTH, UH, RESIDENTS OF THE AREA, AS WELL AS MEMBERS OF COUNCIL MOVING ON THE PROPOSED SUBDIVISION, UH, LOOKS, UH, SOMETHING SIMILAR TO THIS.

THIS IS THE PROPOSED LAYOUT THAT WAS SUBMITTED TO THE PLANNING COMMISSION, UH, AND WAS RECOMMENDED BY THE PLANNING COMMISSION ON DECEMBER 14TH.

UH, AND IT REFLECTS 132 DUPLEX OWNER OCCUPIED UNITS, UH, IN A VARIETY OF STYLES AND LAYOUTS DEMONSTRATING THOSE STYLES AND LAYOUTS IS THIS PARTICULAR SLIDE YOU'LL NOTE, UH, FOUR SEPARATE, UH, FOUR PLANS ON THE SINGLE STORY UNITS, AS WELL AS TWO SEPARATE FLOOR PLANS ON THE TWO STORY UNITS, UH, PROPOSED FOR THIS PARTICULAR SUBDIVISION, UH, GRAPHICALLY SPEAKING, VISUALLY SPEAKING, UH, THESE ARE PHOTOGRAPHS OF SIMILAR PRODUCTS FROM THE APPLICANT THAT WOULD BE APPLICABLE TO THIS PARTICULAR SUBDIVISION AS REPRESENTATIVE IN NATURE OF THE FINAL PRODUCT.

AND FINALLY, THE PLANNING COMMISSION DID TAKE ACTION ON THIS, OBVIOUSLY, WHICH IS WHY WE ARE HERE TONIGHT.

AND ON DECEMBER 14TH, THE COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL OF THIS PARTICULAR SUBDIVISION, UH, WITH SIX STIPULATIONS FIRST, BEING THAT THE PLAN APPROVED B THE ONE DATED NOVEMBER 16TH, UH, WHICH WAS THE GRAPHIC PREVIOUSLY DEMONSTRATED IN THIS PRESENTATION, THAT MINIMUM SETBACKS BE REQUIRED AS 25 FOOT FOR THE FRONT YARD, 25 FOR THE REAR YARD, WITH 15 LOTS, HAVING AN EXCEPTION OF 20 FOOT REAR SETBACKS AND SIX FOOT SIDE YARD SETBACK WOULD BE THE MINIMUM, BUT THE TOTAL SIDE YARD SETBACK BEING 15 FEET AND AVERAGE OF 40% OF THE FRONT FACADE TO BE STONE OR BRICK.

UH, THE PLANNING COMMISSION CONDITIONED THAT IT REQUIRED ACCELERATION AND DECELERATION LANE BE INSTALLED PENDING THE FINDINGS OF A TRAFFIC IMPACT STUDY.

UH, THE PLANNING COMMISSION ALSO CONDITIONED CONFORMANCE TO THE PETROLEUM EASEMENT REQUIREMENTS, WHICH, UH, BIFURCATE THE PROPERTY FROM SOUTHWEST TO NORTHEAST.

AND LASTLY THAT BEFORE ANY PERMITS BE APPROVED AND PRESENTED

[00:40:01]

AS WE GET THROUGH THE PUBLIC HEARING, IF THERE'S ANY QUESTIONS FOR, FOR STAFF, THEN WE'LL, WE'LL MAKE THOSE NOTES.

UM, IT'S ONE LEVEL LIVING.

SO NEXT, OUR PUBLIC HEARING, UH, I WOULD CALL ANY REPRESENTATIVE OF THE CAMPBELL BURLING, UH, COMPANY TO MAKE COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION ON THE CASE.

HOW ARE YOU SIR? GOOD EVENING, MR. MAYOR, UH, BOB CHROME, GOLD CAMPBELL, BERLIN, HUBER HEIGHTS.

UH, IT'S A PLEASURE TO BE IN FRONT OF YOU AGAIN, THANK YOU FOR YOUR TIME.

UM, I THINK WHAT, UM, I WANTED TO, TO DISCUSS WAS THE PLAN AND THE LOCATION OF THE PLAN.

UM, WE ARE IN W WHAT I CALL THAT TRANSITION AREA.

WE HAVE A COMMERCIAL USE.

THE, UM, ASSISTED LIVING HAS A HUNDRED UNITS ON 18 ACRES AS WE GO NORTH.

WE'VE GOT WHAT I CALL INDUSTRIAL USE, WHICH IS, UH, THE METRO FIBER NET AND THE DPL TOWER.

AND AS, AS I DISCUSSED PREVIOUSLY, WE'VE GOT SOME COMPLICATIONS WITH THIS SITE, AS FAR AS THE GAS PIPELINE GOING THROUGH IT AND THE STREAM ON THE NORTH SIDE.

SO WE HAVE ENLISTED THE SERVICES OF CONSULTANTS.

I THINK THEY'VE REACHED OUT TO STAFF REGARDING THE TRAFFIC IMPACT.

SO WE'VE GOT SOME SCOPE FROM RUSS BERGMAN ON WHAT TO STUDY FOR THAT INTERSECTION.

WE DO HAVE A CONSULTANT ENLISTED FOR THE, THE WETLANDS AND STREAM IMPACTS.

SO WE, AS PART OF THE PROCESS, WHEN WE GET READY TO SUBMIT THE FINAL DEVELOPMENT PLAN, THOSE ISSUES SHOULD BE ANSWERED.

UM, STRICTLY FROM A LIFE.

MY OPINION PERSPECTIVE IS THIS IS A GOOD PRODUCT FOR THE CITY.

UM, I WAS LOOKING AT THE CENSUS, THERE WERE A HUNDRED RESIDENTS THAT LEFT THE CITY ON LAST YEAR, AND PERHAPS THIS PRODUCT WOULD CATER TO SOME OF THOSE FOLKS THAT MAY HAVE SOUGHT A DIFFERENT LIVING CIRCUMSTANCES AND LEFT THE CITY.

SO WE THINK IT'S A GREAT PRODUCT.

IT'S BEEN WELL RECEIVED ON THE MARKET.

IT IS SINGLE FAMILY.

UM, WE'VE HAD GREAT SUCCESS AND GREAT ACCEPTANCE OF THE PRODUCT.

SO, UM, MY PARTNER, GREG, BURLINGTON'S HERE AS WELL TO HELP ANSWER ANY QUESTIONS.

UM, I THINK WE ARE IN THE PROCESS OF STUDYING THE SITE FURTHER TO ANSWER THE CONCERNS WE'VE HEARD FROM THE ADJACENT PROPERTY OWNERS.

SO WE ARE ENGAGED.

WE'RE READY TO ANSWER ANY QUESTIONS COUNCIL MAY HAVE, AND, UH, GREG CAN ALSO, UH, DO YOU WANT TO SPEAK, UH, GREG BERLIN, UH, OF CAMPBELL BERLIN? UM, SO LET US DO A LITTLE INTRODUCTION OF MYSELF AND MY PARTNER, UH, UH, GREG BURLINGHAM, THIRD JOURNEY GENERATION DEVELOPER.

UH, MY GRANDFATHER STARTED THE COMPANY COMING OUT OF THE SERVICE FROM WORLD WAR II AND, UH, WE'VE BEEN, UH, DEVELOPING IN NORTHERN KENTUCKY AND CINCINNATI.

AND THEN NOW IN DAYTON FOR, UH, GOING BACK A LONG TIME.

UM, MY PARTNER, KEN CAMPBELL IS A NEW YORK NATIVE, UH, BUT MOVED TO CINCINNATI TO OPEN THE LAND AND PROJECT, UH, BACK IN THE EARLY SEVENTIES.

AND HE'S BEEN DEVELOPING IN CINCINNATI AND COLUMBUS, UH, GOING BACK TO THE EARLY SEVENTIES.

SO, UM, WE ALSO HAVE THE PLEASURE OF DEVELOPING, UH, TWO DEVELOPMENTS SO FAR HERE IN HUBER HEIGHTS.

UM, I DIDN'T WANT TO SAY STAFF HAS BEEN GREAT TO WORK WITH, UM, THE, THE GREAT THING ABOUT WORKING IN A CITY THAT HAS DEVELOPMENT GOING ON, AND THAT IS EXPERIENCED IN IT, IS THAT THE, UM, AS WE, AS WE GO THROUGH THE DEVELOPMENT PROCESS AND THE PLAN REVIEW PROCESS, WE HAVE STAFF TO GUIDE US THROUGH THAT.

THEY DO THE REVIEWS.

UM, WE HAVE OUR ENGINEER AND THEIR ENGINEER AND THE CITY ENGINEER WORKED TOGETHER REALLY WELL.

SO WHAT WE REALLY APPRECIATE THAT IT MAKES OUR LIVES A LOT EASIER, UM, TO GO THROUGH THIS PRODUCT REAL QUICK AND THEN INVOLVES A DONE ALL THESE PRESENTATIONS FOR ME, BUT JUST TO REITERATE SOME OF IT, THERE'S 11 COMMUNITIES IN, UH, CINCINNATI AND NORTHERN KENTUCKY AND LOUISVILLE THAT, THAT FISHER HOMES WHO WOULD BE THE BUILDER HERE IS BUILDING THESE IN.

AND LIKE BOB SAID, IT'S BEEN WELL-RECEIVED IN THOSE COMMUNITIES.

UM, I'VE DEVELOPED ONE OF THESE IN FLORENCE, KENTUCKY.

UM, FLORENCE HAS LOVED THE PRODUCT AND WE'VE BUILT THAT PRODUCT BUILT THAT DEVELOPMENT OUT, UM, AND THERE'S COMPLETED.

UM, IT PROVIDES A GREAT QUALITY OF LIFE FOR THESE PEOPLE THAT LIVE HERE THAT ARE GONNA LIVE HERE LIVE.

THEY LOUGHS THEM TO LIVE IN PLACE.

UM, THE TOWNHOMES PROVIDE HOUSING FOR YOUNG PROFESSIONALS AND FAMILIES, UH, THEN TO TRANSITION FROM THOSE HOMES AND TO SINGLE FAMILY HOMES ACROSS THE STREET, OR ANOTHER PARTS OF HUBER HEIGHTS, UM, THE PAIR PATIO PRODUCT,

[00:45:01]

SO IT ALLOWS PEOPLE THAT THEY RAISED THEIR FAMILIES IN THEIR HOUSE AND UBERIZED.

THEY WANT TO STAY IN HUBER HEIGHTS, BUT LIKE MY PARENTS, UM, THEIR MASTER BEDROOM IS UPSTAIRS AND MY PARENTS ARE IN THEIR SEVENTIES NOW, AND THEY'RE TRANSITIONING TO A PATIO HOME BECAUSE THEY WANT TO BE IN FIRST FLOOR LIVING.

UM, BUT IT PROVIDES THAT PRODUCT AT A PRICE POINT THAT IS COMPARABLE TO WHERE THEY'RE LIVING NOW.

UM, ANOTHER THING TO BRING UP ABOUT THIS COMMUNITY IS THE HOA MAINTAINS ALL THE LANDSCAPING AND THE YARDS, THE GRASS CUTTING THE MOWING AND THE SNOW REMOVAL.

SO IT ALLOWS WHEN PEOPLE LIVE HERE, THAT IT MAINTAINS A HIGH QUALITY AND A CONSISTENCY THROUGHOUT THE COMMUNITY, WHICH WE FEEL IS IMPORTANT.

UM, AND IT PROVIDES THAT CONSISTENCY THROUGHOUT THE LIFE OF THE PROJECT.

SO, UH, JUST WANTED TO BRING THOSE POINTS UP.

AND, UM, BOB AND I ARE HERE TO ANSWER ANY OTHER QUESTIONS, BUT, UH, REALLY APPRECIATE YOU.

I HAVEN'T ENOUGH.

THANK YOU SO MUCH.

WE APPRECIATE YOU BEING HERE.

UH, NEXT IN THE PUBLIC HEARING CONTINUES TO BE, UH, THE LAW DIRECTOR TO MAKE ANY COMMENTS OR ANY PROVIDE ANY ADDITIONAL INFORMATION THAT HE MIGHT HAVE.

JERRY, ANYTHING ELSE? HEY, I'D CALL ON ANY OTHER REPRESENTATIVE THAT CD RIGHTS TO MAKE ANY COMMENTS OR TO PROVIDE ANY ADDITIONAL INFORMATION IF THEY HAVE ANY.

AND, UM, AND THEN THAT, THOSE, UH, THAT DATA, AND THEN THE PLANS ARE SENT TO THE CITY FOR REVIEW.

THIS IS A MERGER.

YOU MENTIONED THAT THE STUDIES WERE, WERE BEING DONE FOR THE, UM, THE ENVIRONMENTAL, THE WATER IMPACTS AND THE TRAFFIC.

WHEN ARE THEY ANTICIPATED TO BE DONE? THOSE WILL BE DONE IN THE NEXT, UH, PROBABLY 30 TO 60 DAYS.

UM, FOR THE, UH, TRAFFIC STUDY, BOBBY, WE HAVE A CHOICE.

ONE WOULD BE DOING OUR TRAFFIC STUDY.

UH, YOU ALL ARE FAMILIAR WITH THEM.

THEY DO A WORK IN THE CITY.

SO CHOICE ONE WILL BE A DUE ON OUR TRAFFIC STUDY.

OUR ENVIRONMENTAL ASSESSMENT OF THE PROPERTY WILL BE DONE BY RAMBLE, WHICH IS, UM, UH, UH, BRIAN AND GREER.

IT'S A NATIONAL ENVIRONMENTAL COMPANY.

UM, OUR, OUR, OUR CONTACT THERE'S MIKE WALLA.

GARAH, HE'S DONE 30 OR 40 DEVELOPMENTS FOR ME.

SO, UH, THEY'RE VERY REPUTABLE AND THEY WOULD BE DOING THOSE STUDIES NOW, UM, I SAY 30 TO 60 DAYS, WE'RE ASKING THEM TO GET THEM DONE QUICKER, BUT IN THESE TIMES TAKING A LOT LONGER TO GET THINGS DONE, UH, JUST BECAUSE OF THE RESTRICTIONS WITH, UH, UH, WITH NOT HAVING PEOPLE IN THE OFFICE, UM, AND SUCH, BUT THOSE STAYS WILL BE DONE AT THOSE TIMES.

UM, HOW WIDE WERE THE EVALUATION AND HOW WIDE OF AN AREA? I MEAN, WILL IT ENCOMPASS ALL OF THE, UH, PERIMETER PROPERTIES ON THE, UH, ENVIRONMENTAL STUDY, THE ENVIRONMENTAL STUDY, THEY, UM, THEY JUST LOOK AT THE PROPERTY THAT WE, THE DEVELOPMENT PROPERTY, AND THEN THEY LOOK AT THE IMPACTS ON THAT PROPERTY.

UM, THERE ARE TIMES WHEN YOU GO INTO A CULTURAL RESOURCES STUDY WHERE THEY LOOK AT, UM, IF THERE ARE, UH, FOR EXAMPLE, INDIAN ARTIFACTS ON THE PROPERTY AND THEY DO, THEY DO SHOVEL TESTS.

AND IN THE, LIKE AT THAT POINT, WOULD THEY, THEY DON'T GO AND TEST OTHER PROPERTIES, BUT THEY LOOK IN A BROAD RANGE OF, UM, ANY HISTORICAL PROPERTIES OF HISTORICAL SIGNIFICANCE IN THE AREA.

I'M GETTING MORE TECHNICAL THAN I, I KNOW ENOUGH TO BE DANGEROUS ABOUT THIS.

UM, THAT'S WHY WE GET CONSULTANTS TO DO IT.

UM, OKAY.

LET ME PULL YOU BACK A LITTLE BIT.

UH, IT'S BEEN NOTED THAT ON A NEIGHBORING PROPERTY, THERE IS A STREAM, IT RUNS FROM THE BACK OF YOUR PROPERTY.

I THINK IT CUTS ALL OVER QUARTER AND THEN GOES ALL THE WAY UP TO BELT OUT AND ROAD.

YUP.

VERY CONCERNED ABOUT THE WATER RUNOFF IN THAT AREA.

SO IS YOUR ENVIRONMENTAL ASSESSMENT GOING TO LOOK AT, UH, WHERE THAT WATER THAT IS NOW BEING ABSORBED BY THE DIRT IN A OPEN FIELD? IS IT GOING TO LOOK AT WHERE ALL THAT WATER IS GOING TO GO NOW? UH, WHEN YOU HAVE AN IMPERVIOUS SURFACE ON THERE? YEAH.

SO THAT THAT'S NOT DONE ON THE ENVIRONMENTAL CONSULTANT, THAT'S DONE ON THE STORMWATER DESIGNED BY THE ENGINEER.

SO THAT'S THAT STUDY IS THAT STUDY WOULD BE DONE DURING THE ENGINEERING AND THEN REVIEW PHASE BY THE CITY.

SO THE CITY ENGINEER GETS PLANS FROM OUR ENGINEER AND THEY DO THE STUDIES FROM THERE.

SO THAT'S WHERE THAT WOULD BE DONE IN THE ENGINEERING REVIEW OF THE IMPROVEMENT PLANS.

WILL THAT BE DONE AT THE SAME TIME OR PRIOR TO THE OTHER STUDIES? YEAH, PROBABLY THAT WOULD BE DONE AFTER THE OTHER STUDIES, UM, ENGINEERING PLANS HAVE TO BE PRODUCED BY THE ENGINEER TAKES A COUPLE MONTHS.

UM, OBVIOUSLY THAT IS ALL DONE BEFORE THE SITE IS DEVELOPED.

[00:50:01]

SO THE CITY EITHER REVIEWS THEM OR THEY, YOUR CITY ENGINEER REVIEWS OR REVIEWS I'M IN, UH, WITH ANOTHER ENGINEER.

SO ALL OF THOSE STUDIES WILL BE COMPLETED AND, AND ANALYZED.

AND ANY PLANS ADJUSTED PRIOR TO YOU GUYS BRINGING DETAILED DEVELOPMENT PLAN BACK TO THE POINT WHERE, WELL IT'S DONE AT THE SAME TIME.

SO THAT, THAT WOULD BE THE DETAILED DEVELOPMENT PLAN.

SO WE WOULD HAVE OUR ENGINEER DO A COMPLETE FULL SET OF DEVELOPMENT PLANS.

WE SPEND THE MONEY ON THAT BECAUSE THAT'S HOW YOU GET THE, UM, THE DATA AND THE CORRECT DATA.

AND THEN THE CORRECT DRAWINGS TO SEND TO THE CITY.

WE, WE DON'T REALLY LIKE SENDING COMPLETE DRAWINGS TO THE CITY.

IT WAS A WASTE OF TIME FOR US AND A WASTE OF TIME FOR THE CITY.

SO WE RATHER HAVE COMPLETE ENGINEERING PLACE.

NOT SAYING THAT THEY WOULDN'T BE CHANGED IF THERE'S SOMETHING THAT THE CITY REVIEWS AND WANTS CHANGED, BUT WE WOULD HAVE COMPLETE DEVELOPMENT PLANS SENT TO THE CITY FROM THERE.

SO THEN WHEN ALL THOSE PLANS ARE COMPLETED, THAT WE WILL KNOW, UM, IF A NEW LIFT STATION IS REQUIRED IN THERE AND SIMILARLY, YEAH.

SO, UH, THE, THEY WOULD BE EXTREMELY DETAILED TO WHERE, UM, IT ALLOWS THE CITY STAFF AND ENGINEERING DEPARTMENT TO DO A FULL REVIEW AND TO EVALUATE THE PLAN, MAKE SURE THAT THERE'S LIKE SAFETY ITEMS THAT ARE CORRECT THAT THE STORM WATER SANITARY SUIT OR ARE DESIGNED CORRECTLY.

UM, AND THAT, UH, ENVIRONMENTALLY THAT THE PROJECT, UM, ABIDES BY ALL THE RULES FROM THERE.

POND WAS CONSTRUCTED FOR THE MORE CONVENTIONAL OUTLET, THE MORE CONVENTIONAL DISCHARGE.

YOU'RE WELCOME.

I HAVE A QUICK QUESTION AND YOU MAY KNOW, OH, I'M SURE YOU PROBABLY DO KNOW, BUT I KIND OF WANT TO GET BRIAN INVOLVED IN THIS TOO.

JUST FROM AN ENGINEERING STANDPOINT.

I KNOW STAFF HAS REVIEWED SEVERAL DIFFERENT DRAWINGS.

I DO KNOW WHEN IT COMES TO EPA LAW, IN TERMS OF WATER RUNOFF, WHAT'S ALLOWED, WHAT'S NOT ALLOWED JUST FOR THE RECORD REVIEW.

WHAT IS THE EPA RULE ABOUT MOVING WATER FROM ONE PARCEL OF PROPERTY TO THE OTHER, UH, IN TERMS OF WHAT CAN BE DONE, WHAT CAN'T BE DONE.

AND I'M JUST SAYING THAT THAT'S KIND OF THE WHOLE POINT OF RETENTION, BUT I ABSOLUTELY, I KNOW THAT, BUT THAT'S AN ACTUAL EPA LAW ABOUT WATER RUNOFF FOR YOU.

JUST ONE OF YOU UPDATE, JUST MAKE SURE EVERYBODY KNOWS WHAT THIS IS SO I CAN ANSWER HOPEFULLY QUICKLY.

UM, SO WE DO, SO THE PLANS DO GO TO THE STATE OF OHIO ALSO.

SO IT'S NOT JUST THROUGH W WE, WE GET A PTI THROUGH THE STATE OF OHIO FOR STORM WATER FOR S FOR SANITARIAN, FOR WATER, UM, THE WATER CONNECTION AT THE STREET.

UM, AND ON THE STORMWATER SIDE, NOW I'M NOT AN ENGINEER.

I WAS A HISTORY AND LATIN MAJOR.

SO, UM, I, BUT I KNOW ENOUGH TO BE DANGEROUS.

LIKE I SAID, SO STORM WATER WISE, UM, WHEN WE, WHEN THE ENGINEER DESIGNS IT, THE STORMWATER THAT WE PUT THE X, THE X, THE STORMWATER WE PRODUCE.

SO, UM, THE, THE NON PERVIOUS SURFACES THAT YOU WERE TALKING ABOUT, NANCY, UM, THE, THOSE NONPROFIT SERVICES AND ALL THE ONE-OFF RUNOFF HAVE TO BE DETAINED IN A DETENTION BASIN FOR A PERIOD OF TIME AND THEN RELEASED.

AND THEN THE RELEASE OF WATER OUTSIDE OF THE PROPERTY LINES HAS TO EQUAL WHAT IT IS.

IT'S A SUMMARY CLIFFSNOTES VERSION, BUT, UH, THE ENGINEERS DO THAT FOR US.

SO IT'S BASED OFF OF, UM, CALCULATIONS THAT HAVE BEEN AGREED TO IN THE STATE OF OHIO AND THROUGH THE CITY.

AND IT'S WHAT YOUR SUBDIVISION REGULATIONS ARE FOR.

UH, IT'S WHY YOU HAVE YOUR SUCKER FOR SUB THE REGULAR SUBDIVISION REGULATIONS IS WHAT WE HAVE TO FOLLOW AS A DEVELOPER.

BRIAN.

AND I THINK THIS IS APPROPRIATE JUST BECAUSE WE'RE DEALING WITH KIND OF THIS ISSUE IN ANOTHER AREA, ON A PROPERTY.

SO DIDN'T THE EPA CHANGED SOME OF THEIR GUIDELINES FAIRLY RECENTLY IN TERMS OF HOW FAST RETENTION OR RUNOFF CAN BUILD UP VERSUS HOW LONG IT HAS TO STAY AND HOW QUICKLY IT CAN BE MOVED OR DISPERSED THROUGHOUT OTHER PROPERTY AROUND.

BECAUSE OBVIOUSLY IF THE LONGER IT TAKES THE WATER TO ABSORB THE CLEANER IT GETS BEFORE IT FINDS ITS WAY TO A WATERWAY.

CORRECT.

SO HOW HAS THAT CHANGED? RIGHT? CORRECT.

SO THE EPA HAS CHANGED THE REGULATION IN THE LAST FEW YEARS IN THAT THE REGULATION NO LONGER IS ABOUT DISCHARGING THE SAME VOLUME OF WATER AT THE SAME FREQUENCY PRIOR TO THE DEVELOPMENT.

NOW, THE EPA TRIES TO RETAIN THE WATER LONGER, SO THAT SATURATION OCCURS DOWN THROUGH THE SOIL AS OPPOSED TO BEING DISCHARGED THROUGH THE OUTLET PIPE.

AND THAT'S THE ISSUE THAT WE'RE EXPERIENCING IN ANOTHER PART OF THE TOWN, THE RETENTION DETENTION

[00:55:01]

AND SO IT WOULD FILL UP LESS BECAUSE IT DISCHARGED MORE.

AND THAT'S HOW THE FIRST RESIDENTS IN THE AREA EXPERIENCED THAT RETENTION DETENTION FACILITY.

AND THEN SUBSEQUENTLY THE EPA CHANGED THE RULE.

AND WHEN THAT SUBDIVISION WAS, UM, ADDED ON TO THE RESIDENTS WHO EXPERIENCED THE OLD REGULATION, IN OTHER WORDS, THE POND DIDN'T FILL VERY OFTEN THAN THE WATER DISCHARGED QUICKLY BY COMPARISON.

NOW THE WATER HOLDS LONGER.

SO IN THIS PARTICULAR INSTANCE, THIS SUBDIVISION WOULD BE BUILT UNDER THESE NEW REGULATIONS OF THE EPA, WHERE THE OBJECTIVE IS TO TRY AND HOLD THE STORMWATER LONGER AND ALLOW THAT WATER TO PERCOLATE INTO THE WATER TABLE, THROUGH THE SOILS, RATHER THAN, UH, THE, UH, THE MORE CONVENTIONAL EQUALIZED OUTLET DISCHARGE.

AND OVERALL THAT, THAT ENDS UP WITH CLEANER WATER THAT FINDS ITS WAY INTO THE WATER TABLE, AND THEN WHATEVER WATERWAYS THERE IS THAT THE POINT BEHIND THE WHOLE CHANGE IN THE LAW, CORRECT AS THE SCIENCE HAS BEEN EXPLAINED TO ME, IS THAT BY PERCOLATING DOWN THROUGH THE SOIL AND THE VARIOUS SUB SURFACES, THAT IS WHAT HELPS FILTER THE HARMFUL PARTICULATES OUT OF THE WATER BY THE TIME THAT IT REACHES THE WATER TABLE.

I PRAY.

AND I APPRECIATE THE, THE CLARIFICATION OF THAT, BECAUSE I KNOW THAT IS WATER RUNOFF CLEARLY IS A VERY BIG CONCERN FOR EVERYBODY.

IT'S ALWAYS A CONCERN, BUT IF IT RAINS, IT RAINS, RIGHT.

AND NO MATTER HOW MUCH IT RAINS, THE WATER IS GOING TO GO SOMEWHERE, BUT ANY DEVELOPMENT THAT'S DONE CAN'T MAKE THAT WATER CAN'T MAKE ANY MORE WATER.

UM, SO I THINK WE JUST HAVE TO UNDERSTAND WHAT THAT, WHAT THAT PROCESS IS AND WHAT IT LOOKS LIKE.

UM, CAUSE I KNOW THAT THAT'S A BIG, THAT'S A BIG CONCERN FOR A LOT OF PEOPLE, SO I APPRECIATE IT.

CLARIFY.

AND, AND, UH, AND THE, THE DESIGN, I DON'T DO THE DESIGN IT'S DONE BY REGISTERED PROFESSIONAL ENGINEER.

THAT'S WHAT THEY DO ALL THE TIME.

UM, EVEN OUR TRAFFIC ENGINEER, WHICH WOULD BE CHOICE ONE, THEY DO, THEY ACTUALLY DO REVIEWS FOR CERTAIN, CERTAIN MUNICIPALITIES AS A PROFESSIONAL ENGINEER THAT DOES IT EVERY DAY.

THEY ALSO REVIEW OTHER PROFESSIONAL ENGINEERS WORK FOR OTHER MUNICIPALITIES.

SO, UM, IT'S IT, IT'S KIND OF OUT OF OUR HANDS WHEN WE DO THE DESIGN, IT'S DONE PER, UM, ESTABLISHED REGULATIONS OR SUBDIVISION REGULATIONS IN THE STATE OF OHIO REGULATION.

SO, UM, AND A GOOD EXAMPLE OF THE WATER IT'S WATER QUALITY.

UM, THERE, ONE OF THE THINGS YOU'RE TALKING ABOUT IS, ESPECIALLY RIGHT NOW, WHEN THEY'RE SPREADING SALT ON THE ROADS, INSTEAD OF THAT SALT, GETTING WASHED DOWN THE DRAIN AND THEN STRAIGHT INTO A CREEK, IT GOES INTO DETENTION BASIN, SETTLES OUT AND THEN ALLOWS, ALLOWS THE CLEAN WATER TO DISCHARGE INTO THE CREEKS.

UH, ANY OTHER MEMBERS OF COUNCIL HAVE ANYTHING YOU'D LIKE TO ADD OR ANY OF THE QUESTIONS? OH, UM, MAY I, UM, DID, DID YOU SAY THAT THE BUILD-OUT WAS GOING TO TAKE ABOUT THREE YEARS, FOUR OR FIVE YEARS? OKAY.

AND FOR THE BENEFIT OF, UH, THE RESIDENTS AROUND THERE, UH, THE CITY WILL BE HOLDING A BOMB.

SO IF IN THE PERIOD OF THOSE OF THEIR BUILD AND BEFORE EVERYTHING IS DEDICATED, IF THERE ARE PROBLEMS WITH, UH, RUNOFF, WATER DRAINAGE, WHATEVER ELSE, THEN THE DEVELOPER WOULD STILL BE OBLIGATED TO FIX THAT, RIGHT.

IT WOULD NOT BECOME THE RESPONSIBILITY OF THE CITY TO FIX IT, CORRECT.

DEPENDING UPON WHERE THE DEVELOPER WAS IN THE PROCESS OF THE DEVELOPMENT AND THE, UH, AND THE ISSUE AT HAND, THERE ARE MULTIPLE WAYS THAT, WHICH THE CITY COULD, UH, ADDRESS THE ISSUE, WHETHER OR NOT IT BE, UH, DELAYING PERMITS FOR FUTURE PHASES, WHETHER OR NOT THERE BE SOME OTHER AVENUES.

BUT YES, THERE IS ALSO A MAINTENANCE BOND THAT IS REQUIRED AS PART OF THE PROJECT TO ENSURE THAT THE PROJECT IS BEING DEVELOPED IN ACCORDANCE WITH THE STANDARDS.

EVEN IF IT'S NOT THAT FROM WHAT ONE OF THE NEIGHBORS SAID THAT WHEN WE HAVE A LOT OF RAIN, THE STREAM REALLY GETS DEEP AND FLOWS VERY HARD.

THANKS.

I'LL ADD ONE MORE THING THAT, TO THAT THING, UH, WE ALSO, UH, HUBER HEIGHTS DOES INSPECTIONS WHILE THE WORK'S BEING DONE.

SO THE CITY INSPECT HAS A CITY INSPECTOR THAT A DEVELOPER WE PAY FOR THAT SERVICE, UM, THAT THE INSPECTOR COMES OUT AND INSPECTS THE INFRASTRUCTURE, THE PUBLIC INFRASTRUCTURE THAT'S GOING IN.

UM, SO IT'S ANOTHER LEVEL OF, UM, UH, OF QUALITY CONTROL.

I UNDERSTAND THAT, BUT I'M JUST THINKING OF IF WE HAVE A 20 YEAR RAIN OR A HUNDRED YEAR RAIN OR SOMETHING IN THAT PERIOD OF TIME, AND A NEIGHBOR GETS FLOODED OUT, UH,

[01:00:01]

AND SO IF THE CALCULATIONS THAT WERE MADE EARLY ON AND, AND THE, UH, AND THE ANALYSIS DON'T PROVE TO SATISFY THE ACTUAL REQUIREMENTS, MY POINT IS THAT, UH, THAT YOU FOLKS WILL BE ON THE HOOK TO GO AND DO WHATEVER'S NECESSARY TO FIX IT.

AND I THINK ALL OF THOSE CHECKS AND BALANCES THAT WE TALK ABOUT THAT ON MY END, I WOULDN'T BE DEVELOPING LONG IF WE DIDN'T HAVE THOSE CHECKS AND BALANCES AND DIDN'T HAVE QUALIFIED ENGINEERS TO DO THE, DO THE WORK.

I HATE TO DO THIS TO YOU.

CAN YOU GO BACK TO THE PLANNING COMMISSION RECOMMENDATION PAGE THAT WAS ON YOUR PRESENTATION HERE ON OF YOUR POINTER OR REACH, OR, UM, CAN YOU TELL ME WHAT WILL, UM, WHAT WILL HAPPEN WITH ITEM FOUR REQUIRED, UH, ACCELERATION, DECELERATION LANES PENDING A TRAFFIC STUDY? UM, AND MY REASON FOR THAT QUESTION IS THAT WOULD SIGNIFICANTLY IMPACT THE DESIGN, UH, THAT WE'RE SEEING BEFORE I WAS HERE.

IF, UH, ACCELERATION DECELERATION LANE IS REQUIRED ON BELLTOWN CAUSE THAT'S DEVELOPMENT, CORRECT.

THE STUDY WOULD REVIEW AND EVALUATE THE TRAFFIC PATTERN AS IT IS RELATIVE TO THE PROJECTED TRAFFIC PATTERN.

AND THE IMPACT STUDY WOULD COME BACK AND RECOMMEND PERHAPS, UH, FOR THE SAKE OF THIS EXAMPLE, THERE WOULD NEED TO BE BOTH AN ACCELERATION LANE AND A DECELERATION LANE, APPROXIMATELY SO MANY FEET IN LENGTH, AND THAT WOULD BE NECESSARY TO SUSTAIN OR MAINTAIN THE CURRENT TRAFFIC RATE.

BASED ON THAT, FINDING THE DEVELOPER WOULD EFFECTIVELY HAVE TO SUBMIT A PLAN TO REFLECT THAT, UH, THAT FINDING FROM THE IMPACT STUDY, BECAUSE THAT IS, EXCUSE ME, THAT IS CONDITIONED AS PART OF THIS APPROVAL.

THE DEVELOPER COULD COME BACK AND SAY, WELL, GEE, SHUCKS, GOSH, DARN THAT'S WAY MORE MONEY THAN WE THOUGHT.

AND, UH, THANK YOU VERY MUCH, BUT WE'RE GOING TO PACK UP OUR, OUR PROJECT AND MOVE ON.

SO IT'S DIFFICULT TO SAY EXACTLY WHAT THAT WOULD BE, BUT EFFECTIVELY, THOSE WOULD BE THE TWO OPTIONS THAT WOULD COME BACK, UH, BASED ON THE FINDINGS OF THE STUDY, IF THERE IS A FINDING FOR AN ACCELERATION LANE AND A DECELERATION LANE, THE STUDY MIGHT FIND WHAT IS NECESSARY, BUT NOT THE OTHER.

AND AGAIN, THAT WOULD REQUIRE THE APPLICANT TO MODIFY THE PLAN, TO REFLECT THE FINDING FROM THE IMPACT STUDY.

NOW THAT MODIFICATION WOULD STILL HAVE TO BE APPROVED BY THE CITY ENGINEERING.

SO IT WOULDN'T JUST SIMPLY BE THE DEVELOPER, YOU KNOW, DRAWING LINES ON THE MAP AND SAYING, HEY, THIS IS OBVIOUSLY GOOD ENOUGH.

THAT WOULD HAVE TO BE ENGINEERED.

AND ACCORDING TO OUR STANDARDS TO REFLECT THE FINDINGS FROM THE IMPACT STUDY, WHAT'S SUCH A CHANGE.

UM, UM, TAKE US BACK TO A MAJOR CHANGE ON THIS, OR WOULD IT STILL BE A MINOR CHANGE JUST TO GO TO PLANNING IT'S POSSIBLE.

UH, THERE ARE ANY NUMBER OF THINGS THAT ARE OUTSTANDING THAT MIGHT FACILITATE THIS PLAN COMING BACK.

FOR INSTANCE, THE STORM WATER CALCULATIONS STORM WATER CALCULATIONS MIGHT COME BACK AND INDICATE THAT THE POND NEEDS TO BE SIGNIFICANTLY LARGER THAN WHAT IT IS.

AND BY THE POND BEING LARGER, THAT AFFECTS THE DENSITY OF THE PROJECT.

AND IF THAT AFFECTS THE DENSITY OF THE PROJECT, THEN THAT WOULD EFFECTIVELY KICK IT BACK TO THE PLANNING COMMISSION FOR AN AMENDMENT TO THE BASIC DEVELOPMENT PLAN, BECAUSE IT DOES NOT RESEMBLE THE PLAN THAT IS BEING APPROVED HERE, WHICH IS THE NOVEMBER 16TH, 2021 PLAN, WHICH IS THE PLAN THAT THE, WHICH IS THE DESIGN SITE DESIGN THAT THE PLANNING COMMISSION IS RECOMMENDING FOR APPROVAL.

SO ANY INVESTIGATORY CHANGE THAT COMES OUT OF THE MORE DETAILED WORK THAT THE APPLICANT HAS TO DO THAT WOULD AFFECT THIS PLAN COULD RESULT IN A RETURN TO THE PLANNING COMMISSION AND AGAIN, A RETURN TO COUNCIL FOR A MODIFICATION OF THE BASIC DEVELOPMENT PLAN.

THAT'S WHAT I THOUGHT.

THANK YOU, BRIAN.

THANKS TOM.

ANYTHING ELSE? OKAY, SO NEXT IS ITEM NUMBER SIX.

ARE THERE ANYONE HERE PRESENT WHO WISHES TO SPEAK IN FAVOR OF THE APPROVAL OF THIS ISSUE? YES.

SO THIS IS IN FAVOR OF, THIS IS IN FAVOR OF NOT IN FAVOR.

I MISUNDERSTOOD THAT YOU TAKE SUSTAINED RIGHT THERE.

SO HOLD ON ONE SECOND.

THEN

[01:05:01]

CAUSE WHAT YOU'RE LOOKING AT IS NEXT.

SO ONE LAST TIME.

IS THERE ANYONE HERE WHO WISHES TO SPEAK IN FAVOR OF THE APPROVAL OF THIS ISSUE? OKAY.

NEXT, ANYONE PRESENT WHO WISHES TO SPEAK AGAINST THE APPROVAL OF THIS ISSUE? SO THE MR. D UH, SO I KNOW IF THERE'S SEVERAL HERE, UH, WE CERTAINLY MAKE SURE EVERYONE HAS THEIR OPPORTUNITY TO BE HEARD.

UH, IF YOU WILL, PLEASE KEEP YOUR COMMENTS TO FIVE MINUTES.

I'LL DO MY BEST AND WE'LL, I WILL HELP YOU DO YOUR BEST.

JUST BECAUSE A DEVELOPER HAS AN OPTION TO PURCHASE OUR OWN PROPERTY, DOES NOT GIVE THEM THE RIGHT OR AUTHORITY TO DO WHAT THEY WANT.

THANK YOU FOR ALLOWING ME TO SPEAK.

HUBER WAS CREATED BY SUBURBAN SPRAWL.

AS I'VE MANY TIMES SAID BEFORE, AS YOU ATTEMPT TO CORRECT THE NEAR IMPOSSIBLE OF CREATING AN IDENTIFIABLE DOWNTOWN OR CITY CENTER, YOU SEE HOW DIFFICULT IT IS TO CORRECT THE PAST ERRORS.

CAN IT BE DONE? YES, BUT IT'S VERY EXPENSIVE.

WHEN THE CHURCH PROPERTY NOW OWNED BY KOHLER, WAYNE CAME FORWARD WITH A ZONING CHANGE AND PUT IT TO PUT IN APARTMENTS.

THEN IT CHANGED TO COUNT HOMES.

THEN IT CHANGED TO DUPLEXES.

THEN IT CHANGED TO EVENTUALLY SINGLE FAMILY HOMES WITH TWO ENTRANCES, PROPERLY SIZED RETENTION POND THAT THEY PROVIDED THE CALCULATION AND CONSTRUCTION EQUAL TO OR SURROUNDING AREA, NOT JUST THE OAKS.

LET'S MOVE TO THE AREA, ADJACENT TO THE SUBSTATION, COMMON BORDERS WITH THE OAKS AND SINGLE FAMILY.

LOTS WITH THREE TO FIVE ACRES AGRICULTURE DESIGNATION.

WHEN I, AND SEVERAL OTHERS WENT TO THE PLANNING MEETING A FEW DAYS AGO, I SPOKE WITH VERY SPECIFIC ISSUES.

IT WAS INTERESTING DURING THE ENTIRE MEETING, IF YOU LISTEN TO IT, LIKE IT WAS PLANNED IN APPEARANCE AND ACTIONS THAT THE PLANNING TEAM, WHILE THEY WERE VERY PROFESSIONAL AND HEARD AND LISTENED TO EVERYONE DID NOT ASK US ANY QUESTIONS, WHICH WAS VERY ODD SINCE WE PRESENTED VERY SPECIFIC QUESTIONS.

BUT THE LAST TIME THEY WERE MORE THAN A FREE FOR ALL AND ASKING QUESTIONS AND ANSWERS OF US, MR. STEWART SPOKE AND ASKED IF THERE WAS A WAY TO STOP IT.

THE HEAD OF THE TEAM SAYS, NO, THAT IS AMAZING SINCE NO REASONS OR WHY IT WAS RIGHT OR ABOUT THE PROJECT MS. VARGOS SCHOOLED US, THAT WE DO NOT OWN THE LAND AND THE DEVELOPER CAN CHOOSE ANYTHING THEY WANTED TO PUT IN THERE.

WOW.

LOOK AT THE TAPE.

IF YOU HAVEN'T.

NONE OF US THAT ASKED VERY SPECIFIC QUESTIONS HAVE YET TO GET ONE ANSWER.

WILL I GET THAT? MR. JEFFRIES? AND I SET AFTER I SAT DOWN, TOOK EXCEPTION TO EVERYTHING I SAID, WHICH WAS ALL OBJECTIVE WITH BACKUP MATERIAL PROVIDED UNDER YOUR RULES, ORDINANCES AND BYLAWS OF THE PLANNING MEETING TO FOLLOW.

BUT SURPRISINGLY, HE DID NOT TAKE ANY CLARIFICATION QUESTIONS OR WHY HE OBJECTED FOR THE RECORD.

VERY ODD.

EVEN DURING THE BREAK, I ASKED HIM, WHY DID HE OBJECT TO IT? CAN YOU TELL ME WHY? NO.

THEN HE APPROACHED MS. SMITH.

AFTER THE MEETING, YOU OAKS DON'T PEE.

YOU OAKS PEOPLE DO NOT WANT ANY DEVELOPMENT.

SHE REPLIED, WE WANT DEVELOPMENT, BUT BY THE RULES ESTABLISHED 1171 POINT 61 IS JASON FOSTER QUOTED IN THE P IN THE MEMO TO THE PLANNING TEAM, NO APPROVAL SHALL AND I REPEAT, SHALL BE GIVEN UNLESS THE PLANNING COMMISSION FINDS A PREPONDERANCE OF THE EVIDENCE THAT THE PUD ON THE PROPOSED LOCATION IS CONSISTENT WITH THE OFFICIAL THOROUGHFARE PLAN, COMPREHENSIVE DEVELOPMENT PLAN AND OTHER APPLICABLE PLANS AND POLICIES.

THEY HAVE TO ABIDE BY IT.

HE EVEN ADMITTED IT AFTERWARDS, BUT THEY DIDN'T FIRST.

WE MUST LOOK AT THE CITY STAFF THAT THEY NEED TO FOLLOW THE RULES.

JASON FOSTER WAS THE ONE CHAIRING IT AND BE, AND HAVE IT ACCEPTED.

I REALLY EMPHASIZED THAT.

HOW, AS WE, AS RESIDENTS, LOOK AT THE CITY LEADERSHIP, IF THE STAFF DOESN'T DO IT, THE PLANNING TEAM SHOULD HAVE VOTED IT DOWN IN FOUR TO THE TOPIC, TO YOU, TO THE COUNCIL FOR A DECISION, DISCUSSION AND VOTE.

AS I UNDERSTAND THE PLANNING TEAM SHALL NOT APPROVE THAT UNLESS THERE'S AN AGREEMENT WITH THE COMPREHENSIVE PLAN, THEY ARE NOT ELECTED OFFICIALS THAT CAN OVERRULE IT.

HOW CAN YOU SEE WHY THE PEOPLE IN ATTENDANCE THINK THAT THIS IS A COORDINATED EFFORT TO CRAM THROUGH A TERRIBLE ZONING CHANGE, TO THE DETRIMENT OF THE NEIGHBORHOOD AND HUBER HEIGHTS.

IT COMPREHENSIVE PLAN, WHICH YOU USE AND PAID FOR AND ADOPTED SHOULD BE FOLLOWED.

AND I KNOW THERE'S CONCERNS THAT I'VE HEARD RUMORS THAT THE COMPREHENSIVE PLAN HAS ALREADY BEEN CHANGED OR WENT AROUND AND EVERYTHING WELL, THERE'S WAYS TO DO THAT, UH, BETWEEN COMMERCIAL AND RESIDENTIAL USE A GOOD EXAMPLE IS THE ALCOR SENIOR LIVING CENTER.

I CAN TALK ABOUT THAT LATER.

IF ANYBODY HAS QUESTIONS, THERE WAS ONE THING MISSING HERE THAT I'VE SEEN FROM THE PREVIOUS TIME IS COMMUNICATION AS A TEAM, THE CITY OF HUBER HEIGHTS PLANNING TEAM PAID EMPLOYEES TO ENSURE THE RULES ARE FOLLOWED AT CITY DEVELOPER AND THE SURROUNDING LAND OWNERS IMPACTED

[01:10:01]

IT'S THEIR RISK TO BUY THE PROPERTY AND DEVELOP IT.

THEY NEED, I JUST WANT TO TELL YOU ABOUT 30 SECONDS, HUH? ABOUT 30 SECONDS TO FINISH UP.

I ENCOURAGE DEVELOPMENT AND EVERYONE HERE DOES TOO.

THERE WAS A MISNOMER THERE THAT WE'RE ANTI-DEVELOPMENT.

WE JUST WANT IT TO BE FOLLOWED BY THE RULES.

WE'RE STILL WAITING FOR THE ANSWERS.

I HAVE A LOT MORE TO SAY, BUT I GUESS I CAN'T.

UH, BUT I OPEN IT UP TO ANY QUESTIONS FOR ME FROM A PRACTICAL SENSE AND AN OBJECTIVE SENSE IF SOMEONE HAS QUESTIONS, MR. LYONS.

WELL, HANG ON MR. DEAK MAYOR.

UH, BUT MR. TIME HAS FINISHED MR. LYONS? YES.

GO AHEAD.

UM, MAYOR, I'M NOT AWARE OF ANY TIME LIMITATIONS IN THE HEARING.

I KNOW AT THE BEGINNING OF OUR MEETING, WHEN, UH, CITIZENS COMMENTS, WE HAVE, I BELIEVE IN THE COUNCIL, THERE WAS A FIVE MINUTE LIMIT.

UH, THAT'S UH, CAN BE EXTENDED AT VOTED COUNCIL, BUT I'M NOT AWARE OF ANY TIME RESTRICTIONS ON, UH, HEARINGS.

UH, COULD YOU SITE, SO HERE ARE THE TIME RESTRICTION.

IT COMES FROM FIVE MINUTES IS KIND OF WHAT WE'VE GONE BY.

UM, JERRY IS, UH, IS, AM I ALLOWED TO SET A FIVE LINE TIME LOAD? OR, UH, AS, AS THE CHAIR, YOU ARE FREE TO SET A TIME LIMIT AS LONG AS IT'S A REASONABLE TIME.

SO FIVE MINUTES IS THE TIME.

THAT'S FAIR ENOUGH FOR ME.

YES, MR. IF I MAY, MR. D WHAT PLANS OR POLICIES, AS YOU MENTIONED, ARE NOT BEING FOLLOWED SPECIFICALLY.

HOW SO? FIRST ONE, CAN YOU PUT UP THE AERIAL OF THE SITE IN QUESTION AND SO ON? WELL, HOW DO YOU MOVE THAT? YOU CAN JUST WALK OVER THERE FIRST.

WE'LL BE TALKING ABOUT THE CITY'S COMPREHENSIVE DEVELOPMENT PLAN, READING.

HERE'S SOME OF THE THINGS THAT I HAVEN'T BEEN FOLLOWING YOU NEED.

IT HAS TO, YOU HAVE TO SUBMIT ONCE IT'S GREEN NOW JUST PUSH IT UNTIL IT TURNS GREEN.

WHEN YOU DEVELOP SOMETHING LIKE THIS AND YOU ALREADY HAVE A PRECONCEIVED NOTION BASED ON THE DESIGN THAT YOUR RETENTION POND, WHICH WILL HOLD 100% BECAUSE YOU HAVE EXCEEDED NEPA GUIDELINES, NATIONAL ENVIRONMENTAL POLICY ACT, WHICH EPA GOVERNS THAT.

AND WHEN YOU LOOK AT NEPA, DEPENDING ON WHO'S IN THE WHITE HOUSE, WHETHER IT'S A DEMOCRAT OR A REPUBLICAN NOT TO GET INTO POLITICS, BUT TYPICALLY ON THE DEMOCRATIC SIDE, MR. AUTO ASKS A PRETTY SPECIFIC QUESTION.

SO I'LL HOLD ON JUST ONE SECOND.

WHAT I WANT TO MAKE SURE HERE IS THAT WE'RE NOT GOING TO GET INTO A BACK AND FORTH AND DISCUSSING.

SO FOR THE PUBLIC HEARING, THIS GIVES EVERYONE AN OPPORTUNITY TO MAKE COMMENTS.

THERE ARE SPECIFIC PLACES IN THE PUBLIC HEARING WHERE COUNCIL HAS THE OPPORTUNITY TO MAKE, CALL THEM, TO MAKE QUESTIONS, TO ASK QUESTIONS, TO GET CLARIFICATION.

SO I JUST WANT TO MAKE IT CLEAR.

WE'RE NOT GOING TO GET ON A RUNAWAY TRAIN HERE ABOUT, UM, WHO'S IN THE WHITE HOUSE.

I MEAN, NONE OF THIS STUFF IS PERTINENT TO THIS DISCUSSION OR SPECIFIC ABOUT MR. AUTODESK, IF THERE'S SOMETHING SPECIFIC THAT YOU HAVE.

SO I'M GOING TO GIVE YOU YOUR TIME.

SO JUST LET ME HAVE MINE.

ANYTHING SPECIFIC THAT YOU HAVE TO, THE QUESTION THAT MR. AUTO ASKS WHERE THE CITY IS NOT FOLLOWING SOMETHING SPECIFIC.

IF YOU HAVE THAT INFORMATION, I WOULD LOVE TO HEAR THAT, BUT WE'RE NOT GOING TO GO ON A BACK AND FORTH, BACK AND FORTH AND HAVE EVERYONE'S TIME BECAUSE THERE ARE PEOPLE PROBABLY WANT TO SPEAK WHERE EVERYONE'S TIME GOES FROM FIVE MINUTES TO 20 MINUTES BECAUSE WE'RE HAVING A BACK AND FORTH DISCUSSION.

THE COUNCIL DIDN'T DECIDE TO ASK THE QUESTIONS PERTINENT WHEN THEY HAD THE OPPORTUNITY.

DEVELOPMENT, YOU NEED TWO FULL ENTRANCES AND EXITS OAKS HAS TO, RIGHT.

FIRST ONE, YOU NEED TO VICKY TO FULL VEHICULAR ENTRANCES AND EXITS BASED ON THE DENSITY, JUST LIKE WE DID OVER ON THE CHURCH PROPERTY.

AS A REFERENCE KEY, YOU HAVE 32, YOU HAVE TWO ENTRANCE AND EXITS HERE.

YOU HAVE 130 PLUS UNITS, 400 PLUS VEHICLES.

ON THE AVERAGE IN THAT

[01:15:01]

AND WAS THIS LOOKED AT AS FAR AS THE BASIC DEVELOPMENT PLAN APPROVED BY OUR FIRE AND ALL THAT AS FAR AS ENTRANCE IS BEING OKAY WITH, WITH ALL THE PROPOSED, THAT IS CORRECT.

THAT HAS BEEN REVIEWED BY FIRE.

AND THE PLAN PRESENTED IS ACCEPTABLE TO FIRE FOR PUBLIC SAFETY PURPOSES.

FROM FIRE, IT MEETS IT BECAUSE THEY HAVE THAT, BUT FROM A ENTRANCE AND EXIT BECAUSE OF THE TRAFFIC, YOUR THINGS REQUIRE TWO EXITS BASED ON THE NUMBER OF UNITS IN THE ORDINANCE, IT REQUIRES TWO ENTRANCES AND EXITS OR TWO TOTAL.

OH, THAT'S A NOTE THAT CERTAINLY NEEDS TO BE MADE THAT WE CAN REVIEW IF, UH, IN ANY DETAILED DEVELOPMENT PLAN OR FURTHER THAT WOULD, THAT WOULD BE DONE.

YOUR COMPREHENSIVE PLAN DICTATES THAT IT SHOULD BE COMMENSURATE WITH THE AREA.

THAT'S WHY IT'S ZONED THAT WAY.

IT'S NOT FOR LIKE ZONE WARD ONE OR WARD, SOMETHING THAT'S ALMOST FULLY DEVELOPED.

YOU CAN'T DO THAT HERE.

THE CITY TOOK A CONSCIOUS EFFORT TO ADOPT A COMPREHENSIVE PLAN AND SAY, THIS IS WHAT IT SHOULD BE.

YOU ASKED THE QUESTION LAST WEEK.

WHY HERE? AND WE COULDN'T GET THE ANSWER OTHER THAN WE OWN IT FOR AN ALL AROUND WORD.

IT SHOULD BE FOLLOWED.

NOW, IS THERE DEVIATIONS FROM AN EXCEPTED COMPREHENSIVE PLAN HAVING BEEN LICENSED IN IT BEFORE? ABSOLUTELY.

BECAUSE THERE WAS RUMORS GOING AROUND WITH THE SENIOR CENTER.

WHEN YOU LOOK AT RESIDENTIAL, YOU ZONE AT RESIDENTIAL, BUT THERE'S DIFFERENT CATEGORIES OF RESIDENTIAL HIGH DENSITY TYPICALLY GO UNDER THE COMPREHENSIVE PLAN GUIDELINES.

IT'S VERY, SHOULD BE VERY SPECIFIC ON WHERE HYDE HIGHER DENSITY SHOULD GO.

APARTMENT SHOULD GO.

JUST LIKE YOU'RE DOING OVER BY MEYER APARTMENTS ARE PERFECT RIGHT THERE AT THE PERFECT LOCATION.

I WOULD ALMOST SAY FOR THAT, THE PERFECT LOCATION FOR THAT IS ACROSS OR BACK IN THE BACK SEAT.

WE'RE GOING WAY OFF HAND AGAIN.

THAT'S NOT THE PROPERTY THEY BOUGHT OR THE PROPERTY THEY HAVE UNDER OPTION.

SO WE NEED TO JUST STICK TO WHAT WE'RE DOING, RIGHT? SO YOU CHANGED IT TO COMMERCIAL COMMERCIAL AS 12 CATEGORIES, CHURCHES CLASSIFIED, QUASI, UH, COMMERCIAL, THOSE THINGS CLOSELY MIRROR AND ARE ACCEPTED UNDER GUIDELINES TO HAVE MIXED USE IN A RESIDENTIAL AREA.

THERE'S NOTHING WRONG WITH HAVING AN ASSISTED LIVING CENTER OR WHATEVER IT IS RIGHT THERE.

IT'S CLASSIFIED AS RESIDENTIAL.

YOU'D NEVER PUT A GAS STATION THERE OR A HOTEL, BUT YOU'RE, YOU KNOW, YOU CAN'T CLASSIFY COMMERCIAL AS ALL COMMERCIAL THERE'S THINGS THAT YOU CAN DO IT THAT WAY.

THERE'S NOTHING WRONG WITH CHANGING THINGS.

IT'S A DYNAMIC PROCESS, BUT THE THINGS HAVE TO FLOW.

THEY DON'T FLOW.

AND WE HAVE HAD AN OPEN COMMUNICATION PREVIOUSLY WITH KOHLER LANG AS ALL OF YOU KNOW, BUT WE DON'T HAVE IT WITH THIS.

IT'S JUST LIKE, IT'S TOTALLY DIFFERENT.

WE ARE MORE THAN HAPPY TO SIT DOWN WITH THE DEVELOPER WITH OPEN EYES, OPEN EARS, AS LONG AS IT'S A TWO-WAY STREET, YOU CAN'T MAKE IT A ONE-WAY STREET TO DO ALL THESE THINGS.

AND I RESPECT THAT.

AND THAT'S THE REASON WE'RE HAVING THIS PUBLIC.

YOU'RE GOING TO SEE EVENING.

AND I HOPE AND LOOK FORWARD TO HEARING FROM, FROM YOUR FELLOW FELLOW RESIDENTS.

THEY'RE HERE.

WHEN, AND THE REASON WHY I ASK FOR THE CALCULATION DOES IT'S ALREADY DESIGNED.

THERE HAS TO BE A CALCULATION SOMEWHERE IN MY CALCULATIONS, THE RETENTION POND HAS TO HOLD BECAUSE OF THE DENSITY AND THE IMPERVIOUS SURFACES THAT HE EXPLAINED HAS TO HOLD A HUNDRED PERCENT, A HUNDRED PERCENT OF THE RUNOFF BASED ON A 10 YEAR STORM THAT'S NEPA RULES.

THAT ISN'T BIG ENOUGH.

I THINK THROUGH ENGINEERING, I THINK WE'LL PROBABLY FIND OUT WHAT THOSE WE'LL FIND OUT WHAT THOSE DETAILS ARE, BUT, UH, WE'RE, WE'RE, WE'RE WAY BEYOND.

SO I APPRECIATE YOUR COMMENTS.

I'M GONNA ASK YOU TO TAKE A SEAT PLEASE, BUT I THINK ALL OF US EXTEND,

[01:20:02]

UH, OUR, OUR, OUR COMMUNICATION WITH THEM AND SEE WHERE IT COMES OUT.

IT CAN'T BE AN ALL OR NOTHING.

THERE, THERE, THERE IS COMPROMISE, AND THIS EYES ARE WILLING TO COMPROMISE AND THIS COUNCIL IS FULLY AWARE OF THAT.

AND I THINK THAT, UH, BEFORE ANY DECISIONS MADE, I'M SURE THAT THERE WILL BE OTHER DISCUSSION.

I HOPE THAT THERE'S OTHER DISCUSSION.

ANY OTHER QUESTIONS, MR. SHAWL? THANK YOU, MR. D UM, I'M, UH, REVIEWING YOUR EMAIL HERE, UM, THAT WAS SENT TO US ON, UH, JANUARY 2ND.

I HAVE IT, UH, LISTING OUT, UH, 12, UH, 12 ITEMS OF CONCERNS THAT YOU HAVE MENTIONED REAL QUICK.

UM, JUST FOR, I GUESS MY OWN, UM, QUESTION.

UM, WHAT IS YOUR DEVELOPMENT BACKGROUND? I WAS THE COMPREHENSIVE PLANNER FOR THE UNITED STATES AIR FORCE AT THE PENTAGON.

SO ONE WOULD SAY THAT YOU'VE GOT A LITTLE BIT OF AN IDEA OF WHAT YOU'RE TALKING ABOUT.

I THINK I HAVE A LOT.

AND FROM THE NEPA SIDE, I PROBABLY HAVE MORE THAN ANYBODY IN THIS ROOM SINCE I WAS FINED $151,000 AND THE INSTALLATION COMMANDER.

AND LET ME ASK YOU THIS, MR. D UH, HOW LONG HAVE YOU LIVED IN THE CITY OF HUBER HEIGHTS OR IN THE OAKS WHERE THIS DEVELOPMENT IS GOING TO BE NEAR? WHEN I RETIRED AND DECIDED TO CHANGE CAREERS, DID DESIGN DRONES FOR THE MILITARY IDS.

I RETIRED IN 2007, SO THAT'S WHEN I BUILT MY HOUSE.

AND IF I MAY GO TO YOUR EMAIL FROM JANUARY 2ND, THAT I KNOW YOU SENT TO EVERY COUNCIL MEMBER, INCLUDING THE CITY ADMINISTRATION.

CAN YOU BRIEFLY TELL ME, UM, TO WHAT QUESTIONS YOU HAVE NOT RECEIVED ANY ANSWERS TO AT ALL, WHETHER THEY BE RIGHT WRONG OR INDIFFERENT, JUST FLAT OUT, NO ANSWERS.

UH, TO ARBITRARILY CHANGE THE SETBACKS FROM 25 TO 20, HOW DID, HOW COULD WE DO THAT? UH, UH, REAL HONEST TO GOD TRAFFIC STUDY, BECAUSE ADDING ON A THIRD LEVEL STREET, AND IF WE WANT TO GET INTO LEVELS OF STREET, I CAN EXPLAIN THAT.

BUT BELL FOUNTAIN IS A THIRD LEVEL STREET, RAN PIKE IS CLASSIFIED AS A FIRST LEVEL STREET, CAUSE THAT HAS FIVE.

IT HAS FIVE LANES.

CHAMBERSBURG HAS A SECOND LEVEL STREET.

SOME PEOPLE MIGHT THINK IT'S A MAIN STREET.

IT'S NOT CHAMBERSBURG GETS A LOT LESS TRAFFIC THAN BRAND PIKE.

AND THAT WAS NUMBER FIVE IN YOUR, IN YOUR EMAIL? YES.

TO HAVE FURTHER COMMENTS ON IT AS WELL.

SO I BELIEVE YOU, YOU REFERENCED NUMBER THREE AND NUMBER FIVE, RIGHT? OKAY.

NOW EMERGENCY RESPONSE.

I WAS A FIRE MARSHALL FOR 13 YEARS.

THE BIGGEST THING THAT I HAD TO DO WAS SEND FIREFIGHTERS IN HARM'S WAY.

I'VE DONE IT IN BUILDINGS THAT HAVE BLOWN UP AND I'VE DONE IT IN AIRCRAFT WHERE I WATCHED EIGHT FIREFIGHTERS SURVIVE 15,000 POUNDS OF FUEL EXPLODING WHEN THEY TRIED TO RESCUE THE PILOT.

SO AS THE MAYOR STATED EARLIER, MR. D NUMBER SIX, EMERGENCY RESPONSE, EVEN THOUGH THIS WAS APPROVED BY OUR FIRE DEPARTMENT, YOU STILL HAVE THE CONCERN WITH THAT.

I STILL HAVE CONCERNS BASED ON THE SIZE OF THE VEHICLES.

WHEN YOU LOOK AT THE TYPE OF CONSTRUCTION, THERE'S NO STORAGE AVAILABLE, YOU KNOW, AND EVERYBODY ELSE KNOWS BASED ON THE PREPONDERANCE, YOU CAN JUST GO DRIVE THROUGH THE OAKS AND WE HAVE FULL BASEMENTS.

THE GARAGE HAS AUTOMATICALLY GET USED AS STORAGE.

THEN YOU HAVE 3.1 CARDS, WHICH IS THE AVERAGE ACROSS THE NATION FOR THE NUMBER OF VEHICLES.

WE'LL HAVE MR. DICK, IF I CAN, IF I CAN REFER YOU BACK TO YOUR EMAIL, UM, LEAVING NUMBER SIX, UM, UH, CAN YOU LIST, UH, OF THE REMAINING SIX ITEMS? WHAT YOU HAVE NOT RECEIVED A RESPONSE TO? OKAY.

UH, TWO ENTRANCES.

IT NEEDS THAT I DIDN'T RECEIVE ANY RESPONSE TO THAT.

THE LIFT STATION LOCATION, UH, SINCE, UH, THE POP PONDERANCE OF THE TOPOGRAPHY GOES DOWN INSTEAD OF THE OAKS, WHICH IS BASICALLY FLAT, YOU CAN PRETTY WELL TELL WHERE THE LIFT STATION IS FOR US.

WHERE'S THE LIFT STATION GONNA GO? BECAUSE YOU HAVE YOUR RETENTION POND.

THAT'S THE LOW PART.

SOMEHOW EVERYTHING IS GOING DOWNHILL.

IT'S GOING TO HAVE TO GO BACK UP HILL.

HOW IS THAT GOING TO BE CONSTRUCTED? AND WHERE IS IT GOING TO BE CONSTRUCTED? AND HOW IS IT GOING TO TIE INTO THE CITY ONE WHEN YOU JUST FINISHED THAT ROAD FOR OVER A MILLION DOLLARS AND M AM I TO UNDERSTAND THAT I KNOW MRS. BERG ASKED THIS QUESTION, UM, PREVIOUSLY, AND I'M GOING

[01:25:01]

UM, ON THE NUMBER 11, THE OPEN SPACE, UM, REQUIREMENTS.

BASICALLY DOESN'T VIOLATE ANY CODES AS PRESENTED RIGHT DOWN.

W YOU HAVE THE OPEN SPACE, YOU HAVE THE REQUIREMENT AND YOU'RE USING THE GAS LINE EASEMENT AS OPEN SPACE.

WHAT ARE YOU GOING TO DO WITH IT? IS IT JUST GOING TO BE AN OPEN LAWN AND PEOPLE DO WHATEVER THEY WANT.

YOU KNOW, OPEN SPACE IS CLASSIFIED.

AS YOU CAN MEET THERE, YOU CAN DO THINGS, BUT YOU CAN'T DEVELOP THAT.

IT'S BASICALLY A GRASSED AREA BECAUSE IT'S A PIPELINE.

IT'S AN EASEMENT THAT THEY CAN'T DO ANYTHING WITH, YOU KNOW, EXCELLENT.

WELL, MR. D GUY, AND THEN YOU HAVE THE, UH, BRICK REQUIREMENT, WHICH IS IN THE ORDINANCE OF 25% OF THE UNIT, NOT JUST THE FRONT, THE GAS MONEY WE ALREADY DISCUSSED, UH, OPEN SPACE.

UH, LAST ONE WAS CLUSTER MAILBOXES.

YOU HAVE 130 PLUS UNITS, 400 CARS.

PEOPLE ARE COMING AND GOING, WHERE ARE YOU TO PUT THEM? WHERE ARE PEOPLE GOING TO STOP IN FRONT OF PEOPLE'S HOUSES? IT'S ALREADY GOING TO BE USED BECAUSE YOU'RE ALREADY, THE PREPONDERANCE IS YOU HAVE MORE THAN TWO VEHICLES.

YOU'RE GOING TO BE PARKING OUT IN THE STREET.

SO WHERE ARE YOU GOING TO PUT THEM? WHERE WERE PEOPLE GOING TO PICK UP THINGS? THERE'S NO COORDINATION AS PART OF THIS PLAN.

THERE'S NO CUTOFFS.

YOU KNOW, IF YOU PUT IT BY WHERE THE SUBSTATION IS, UH, HAVE A CUTOFF THERE AND HAVE ALL THE CLUSTER BOXES THERE AND PEOPLE CAN PULL IN, IT'S KIND OF DANGEROUS BECAUSE IT'S SO CLOSE TO THE INTERSECTION.

RIGHT.

I AGREE.

AND, AND I JUST WANTED TO HIT YOUR EMAIL THERE.

AND, AND THEN, AND THEN THE LAST ONE WAS THE TRAFFIC STUDY.

YOU HAVE THAT MANY VEHICLES, YOU HAVE A THIRD LEVEL STREET, YOU HAVE FOUR WAY STOP AT FITCHBURG.

YOU HAVE LIGHTS AT THE OTHER END, AND THEN YOU HAVE THE OAKS COMING OUT TOO.

AND THEY, THERE'S PROBABLY LESS CARS IN THE OAKS THAN THERE IS IN THIS.

AND WE HAVE FIVE TIMES THE PROPERTY.

AND MR. D I KNOW THIS COUNCIL, AND EVEN THE MAYOR HAS EVEN MADE MENTION OF THE TRAFFIC STUDY.

AND WHAT'S BEEN DISCUSSED HERE TONIGHT.

I JUST WANTED TO TOUCH BASE ON THAT, THAT EMAIL THAT WAS SENT OUT.

UH, AND LASTLY, UH, IN CLOSING MY COMMENTS WITH YOU, SIR, IS I WANTED TO THANK YOU FOR YOUR EFFORTS, YOUR NEIGHBORS EFFORTS, I, AND THE PREVIOUS DEVELOPMENT.

AND I BELIEVE TO BE THAT YOU OPENED YOUR OWN HOME UP TO MAKE SURE THAT THINGS WERE DONE CORRECTLY.

AND THE COMPROMISE WAS RIGHT.

I PERSONALLY THINK, AND, AND, AND TO SECOND THAT I EVEN TALKED TO MY WIFE AND SHE SAYS, YOU WANT TO DO WHAT AGAIN? AND OF COURSE WE DID IT.

AND I HAD 11 PEOPLE IN MY KITCHEN CAUSE IT WAS A COLD DAY, BUT THAT WAS AT THE HEIGHT OF COVID WITH NO VACCINES OR ANYTHING.

AND WE STILL DID IT.

THANK YOU, MR. UNIQUE.

UM, MR. DICKS, ALL THESE THINGS WITH THE QUESTIONS WE'VE ASKED THE DEVELOPER AND YOUR CONCERNS, UM, A LOT OF THOSE THINGS WILL HAVE TO BE PRESENTED ALL THOSE, THOSE ANSWERS TO YOUR QUESTIONS AND ALL THIS STUDIES WILL HAVE TO BE COMPLETED BEFORE THEY CAN TAKE EVERYTHING BACK TO THE PLANNING COMMISSION D WOULD THEIR DETAILED PLAN PLAN.

UM, SO I GUESS YOU HAVE, YOU HAVE A REAL GOOD LIST OF CONCERNS.

IT'S VERY COMPREHENSIVE.

I THINK IT HITS ON WHAT YOUR COMMUNITY IS CONCERNED ABOUT.

THAT I, I GUESS I'M A, I'M A LITTLE CONFUSED HERE THAT THEY HAVE SAID THAT BEFORE WE GO TO THE DETAILED PLANS, WE WILL HAVE ALL THIS.

IF IT TURNS OUT THAT THEIR INITIAL CON CALCULATIONS WERE WRONG, THEY HAVE TO CHANGE THE DETENTION POND.

THEY TO FIND A LOCATION FOR THE LIFT STATION, THEY HAVE TO, UH, HAVE THE, UM, TWO LANES GOING OUT OF THE DEVELOPMENT INSTEAD OF STRIVING BELL FOUNTAIN.

ALL THOSE THINGS HAVE TO BE ANSWERED BEFORE THEY CAN BE APPROVED.

HAD THEY AT THE PLANNING COMMISSION NEXT TIME.

SO, UM, I THINK FROM THE STANDPOINT OF THE COUNCIL THAT WE HAVE ACKNOWLEDGED WHAT THE QUESTIONS ARE, WHAT THE CHALLENGES ARE, AND IT'S INCUMBENT UPON THE DEVELOPER NOW TO MAKE SURE THAT THEY PROVIDE THOSE ANSWERS AND BEFORE THEY CAN GET APPROVAL TO GO ANY FURTHER, JUST BECAUSE WE SAY YES OR NO HERE, EVEN IF, IF WE APPROVED IT HERE, THAT'S JUST SAYING THAT THE DEVELOPMENT

[01:30:01]

SO I THINK IT IS COMBATANT UPON ALL OF YOU AND ALL OF US TO LET THE PLANNING COMMISSION KNOW THE WHOLE LIST OF, OF CONCERNS THAT, THAT EVERYBODY HAS AND TO TASK THEM WITH MAKING SURE THAT, UM, BEFORE THEY APPROVE ANYTHING THAT W THAT, UH, THOSE CONCERNS HAVE BEEN ADDRESSED.

HOW DO WE ENSURE COMING BACK TO YOUR COMMENT, HOW DO WE AS RESIDENTS, UH, THAT ARE AFFECTED DIRECTLY AND INDIRECTLY? HOW DO WE ENSURE THAT IF THE COUNCIL APPROVES THIS ZONING CHANGE, HOW DO WE ENSURE THAT OUR COMMENTS ARE LISTENED TO INCORPORATE IN AND ANSWERED? BECAUSE I TRIED TO ASK THESE QUESTIONS BEFORE AND W IT WAS MADE ON DEAF EAR.

I THINK.

SO THERE'S A, THERE'S A CHAIRMAN OF THE PLANNING COMMISSION, UH, MR. WALTON.

SO ANY, UH, DETAILED DEVELOPMENT PLAN PROCESS THAT WOULD GO THROUGH.

AND I THINK WE HEARD PROBABLY SOMEWHERE BETWEEN 30 AND 60 DAYS BEFORE SOME OF THOSE STUDIES ARE BACK.

SO WE'RE STILL TALKING A FEW MONTHS BEFORE THIS COMES BACK FOR A DETAILED PLAN, THE ENGINEERING, I MEAN, THERE, THERE IS A MOUNTAIN OF A LIST OF THINGS THAT NEED TO BE ACCOMPLISHED PRIOR TO ANY DETAILED PLAN APPROVAL BEFORE ANY TYPE OF CONSTRUCTION WOULD HAPPEN.

UM, SO, YOU KNOW, I, I THINK I WANT TO GET TO THIS PUBLIC HEARING BEFORE I MAKE SOME TYPE OF BEFORE I MAKE WHAT MY RECOMMENDATION WOULD BE.

UM, BECAUSE I DON'T, I DON'T WANT TO VEER FROM THE PROCESS OF THE PUBLIC HEARING THAT WE HAVE.

UM, BUT I CAN ASSURE YOU THAT QUESTIONS, I THINK, NEED TO BE ANSWERED.

UH, THERE'S A LOT OF THEM.

AND, UH, I THINK THIS, THIS COUNCIL IS GOING TO WORK TO MAKE SURE THAT THE LIST OF QUESTIONS ARE ANSWERED BY THE PLANNING COMMISSION, BY THE DEVELOPER.

THE DEVELOPER IS RIGHT HERE, THE DEVELOPER IS GOING TO BE PRESENT AT THAT MEETING.

AND I WOULD ENCOURAGE EVERYONE TO FOLLOW THAT PROCESS AND COME TO THAT PLANNING COMMISSION MEETING, WHERE THE DETAILED DEVELOPMENT PLAN IS, UH, IS ON THE AGENDA.

AND I'M SURE TO MR. WALTON, WE'LL OPEN IT UP AND ALLOW PEOPLE TO SPEAK.

AND IF I MAY ADD, I KNOW I WILL BE AT THOSE MEETINGS.

AND I SUSPECT THAT THERE WILL BE A NUMBER OF COUNCIL MEMBERS THERE BECAUSE WE SHARE YOUR CONCERNS.

AND, AND WE WANT TO MAKE SURE THAT IF THIS GOES THROUGH THAT, THAT EVERYTHING IS FOLLOWED, THAT THE, UH, THAT IT'S SAFE, IT DOESN'T ADVERSELY AFFECT THE NEIGHBORS PROPERTIES.

UH, THAT'S, THAT'S ALL WE CAN DO, BUT WE ARE COMMITTED TO DOING THAT.

AND I'VE, AND I'VE SAID BEFORE, AND I EXTEND TO YOU, YOU TWO GENTLEMEN, AND I'M SURE EVERYBODY IN THIS AUDIENCE AGREES, WE'RE MORE THAN HAPPY TO MEET WITH YOU, JUST LIKE WE DID WITH KOHLER WANG, BUT IT HAS TO BE A TWO WAY STREET.

IT JUST CAN'T BE AN ALL OR NOTHING.

SO I WANT TO ADD ONE FINAL COMMENT BEFORE I BUY ANY MOST OF THE PODIUM.

I THINK TO ANYBODY THAT'S HERE, ANYBODY THAT LIVES IN THE OAKS, ANYBODY WHO HAS BEEN THROUGH ANY OF THESE PUBLIC HEARINGS OR ANY OF THESE ZONING CHANGES WITH THIS COUNSEL HAS ALSO SEEN THIS COUNCIL IS WILLING TO LISTEN.

NOW, THIS COUNCIL HAS NOT JUST SAID, OH, WE'RE GOING TO DO THIS AND THROW EVERYBODY UNDER THE BUS.

THERE ISN'T ANYBODY IN THIS ROOM RIGHT NOW THAT CAN SAY, THIS COUNCIL HAS NOT BEEN OPEN TO HONESTLY, LISTENING TO WHAT THE CONCERNS WERE OF THE RESIDENTS OF THE OAKS.

THIS IS A DIFFERENT SITUATION THAN BEFORE, BUT IT DOESN'T MEAN THAT WE ARE CLOSED HERE.

WE HAVE ALWAYS ONLY TO LISTEN TO ANYTHING THAT YOU'VE SAID, BUT I DO APPRECIATE YOU BEING HERE TO SEE.

WHEN THE PLANNING COMMISSION MET, UM, AS WAS STATED, THERE WAS REALLY NO QUESTION.

THANK YOU, MR. CAMPBELL, YOU LOOK GOOD IN THAT TIE, EVEN THOUGH IT'S LOOSE.

NOW, YOU TOO, IT'S GETTING LATE.

IS THERE ANYONE ELSE PRESENT WHO WOULD WISH TO SPEAK IN, UH, AGAINST THE APPROVAL OF THIS ISSUE? MAYBE I, MY NAME IS MICHAEL HARMON.

I OWN THE PROPERTY.

THAT'S, UH, JUST NORTH OF THE PROPERTY IN QUESTION ALONG, UH, BELL FONTAINE THERE.

UM, I HAVE A LOT OF STUFF WRITTEN DOWN.

I'M GONNA TRY TO SKIP THROUGH THE STUFF THAT'S ALREADY BEEN COVERED.

UM, I DO OPPOSE THE DEVELOPMENT AS PROPOSED.

UM, WHEN I BOUGHT THE HOUSE IN, IN 2019, UM, OUR SELLER WAS AWARE OF THE COMPREHENSIVE PLAN AND SAID, YOU KNOW, IF IT SELLS, THEY MIGHT BUILD SOME HOUSES ON THERE.

IT'S ZONED FOR MEDIUM HOUSES, KIND OF POINTED TO THE OAKS, SOMETHING LIKE THAT.

SO THAT WAS, THAT WAS KNOWN TO ME WHEN I, WHEN I BOUGHT THE PROPERTY, UM, CERTAINLY ANYBODY CAN SELL THEIR LAND AND CERTAINLY A DEVELOPER CAN TRY TO DO ANYTHING THEY WANT WITH IT, BUT, UH, THEIR RIGHT TO DEVELOP IT, UM, IS MET BY MY RIGHT TO NOT LIKE IT.

UM, UH, LET'S SEE.

THE,

[01:35:01]

WELL, I DON'T HAVE A LOT OF EXPERIENCE WITH PLANNING COMMISSIONS, BUT IN THAT MEETING, THERE DIDN'T SEEM TO BE ANY QUESTION OF WHY THAT CHANGE WAS HAPPENING FROM THE, UM, COMPREHENSIVE PLAN FLAVOR OF HOUSING TO THE MORE DENSE.

AND I WONDERED MYSELF WHY THAT, UH, WHY THAT DIDN'T OCCUR.

UM, ALSO THE MINUTES REFLECTED THAT THERE WERE, THERE WERE NO CORRESPONDENCE AGAINST, UM, AND YET THERE WAS A LOT OF DISCUSSION AGAINST THE PROPERTY.

SO I JUST WANTED TO MAKE THAT CLEAR THAT IT WASN'T CLEAR TO ME WHY THE MINUTES DID NOT REFLECT, UM, OUR OPINIONS AS HOMEOWNERS.

UM, SO, UH, ONE OF THE THINGS I THINK THAT'S HARD TO UNDERSTAND IS WHAT THAT VIEW LOOKS LIKE.

UM, I SENT AN EMAIL YESTERDAY TO ALL OF YOU, HOPEFULLY YOU GOT TO SEE IT.

APPRECIATE YOUR COMMENTS.

SO IT LOOKS LIKE I'M GETTING ENOUGH OF NODDING OF HEADS.

SO I WON'T TRY TO DESCRIBE WHAT THAT IS.

BUT IN ESSENCE, WHEN I BOUGHT THAT PROPERTY, I BOUGHT IT FOR THE VIEW THAT I HAD, THE HOUSE FACES SOUTH AND EAST.

I LOOK INTO THE CURRENT FIELD NOW IN THE FIELD TO THE, TO THE OTHER FIELD, TO THE NORTH OF IT AND TO THE EAST OF ME.

AND LIKE I SAID, KNOWING THAT IT WAS BEAUTIFUL VIEW, IT'S STILL A BEAUTIFUL, BEAUTIFUL VIEW, KNOWING THAT THERE COULD BE SOME HOUSES.

THERE WAS, I THOUGHT INEVITABLE, BUT WHAT I REALLY DON'T WANT TO LOOK AT IS A WALL OF BACKYARDS.

IT'S, IT'S MORE THAN JUST A WALL OF BUILDINGS.

IT'S A WALL OF BACKYARDS.

ALSO THE, SOMEBODY MENTIONED HOW IT'S CR YOU KNOW, THE, THE, THE, THE LAND SLOPES DOWN TOWARD THE CREEK, OBVIOUSLY A CREEK IS A LOW POINT.

UM, SO, YOU KNOW, EVEN IF THERE WAS SOME KIND OF PRIVACY FENCE, WE LOOK RIGHT OVER IT BECAUSE THE HOUSES ARE UP HERE, I'M UP HERE AND EVERYTHING'S IN THE MIDDLE.

AND IF YOU PUT A FENCE IN THERE, IT WOULD REALLY WOULDN'T DO MUCH OTHER THAN KEEP PEOPLE FROM WALKING TOWARD MY PROPERTY OR THAT SORT OF THING.

SO I, I DON'T HAVE ANY KIND OF RATIONALE FOR, YOU KNOW, A RULE HAS BEEN BROKEN OR ANYTHING LIKE THAT, OTHER THAN IT DOESN'T FOLLOW THE COMPREHENSIVE PLAN.

AND IT WOULD REALLY DESTROY THE VIEW THAT I MOVED FROM BEAVER CREEK UP HERE TO GET.

THAT WAS, THAT WAS WHY I CHOSE THE AREA.

WE WANTED MORE ACREAGE.

SO WE HAVE A LITTLE BIT MORE SPACE, A BIT MORE PEACE.

I HATE TO SAY NO NEIGHBORS, BUT WE DON'T SEE ANY NEIGHBORS.

WE HAVE ONE NEIGHBOR THEY'RE VERY NICE TO THE NORTH, BUT WE DON'T SEE THEM.

AND THAT'S WHY WE CHOSE THE PROPERTIES.

SO THANK YOU FOR YOUR TIME.

THANK YOU VERY MUCH.

CAN I RESPOND TO THAT? YEAH.

UM, IT'S BEEN SORT OF A PRACTICE.

I CAN'T SAY IT'S WRITTEN, BUT IT'S BEEN A NORMAL PRACTICE WHEN NEW DEVELOPMENTS COME IN AND THEY HAVE, BUT TO AN EXISTING, UH, DEVELOPMENT OR A PLAT THAT THEY PUT IN A BUFFER, A NATURAL BUFFER.

AND THAT IS SOMETHING THAT I WOULD HOPE CAMPBELL BERLIN WOULD CONSIDER.

IF YOU HAVEN'T SEEN THE PICTURES THAT HE SENT OUT.

UM, I WOULD ASK THAT BRIAN, UH, YOU MIGHT WANT TO SEND THEM ON TO HIM, UH, BECAUSE YEAH, IT WILL VERY MUCH CHANGE HIS VIEW.

AND I THINK, YEAH, WELL, NICE TO SEE YOUR FACE.

I DID.

UM, MICHAEL AND I DID TALK ON SATURDAY AND NEEDED TO EXPRESS THAT ISSUE.

UM, I'D BE WILLING TO, UH, DESIGN A, SOME SORT OF BUFFER.

THERE PROBABLY WOULD BE, UM, OF EVERGREEN TREES, WHICH GIVES IT A LITTLE BIT OF SCREENING.

UH, CAN'T GUARANTEE THAT THERE'LL BE HIGH ENOUGH TO BLOCK IT FOREVER OR AT RIGHT AT THE BEGINNING, BUT I'D BE WILLING TO, UH, COMMIT TO DOING A, UH, A BUFFER AT LEAST, UH, ON THOSE LOTS THAT HAVE BEEN HIS PROPERTY THEN.

AND ACTUALLY I WOULD, UH, I I'M, I HAVE NO PROBLEM PUTTING THAT AS A CONDITION.

UM, I WOULD, UH, LIKE SUBMIT THAT LANDSCAPE PLAN TO STAFF FOR APPROVAL.

SO THAT WOULD THE LANDSCAPE PLAN BE PART OF THE D PART OF THE DETAILS ON THE PLANNING OR, OKAY.

THERE IS A, THERE IS A REQUIREMENT FOR A DETAILED DEVELOPMENT.

THERE IS A REQUIREMENT FOR A SCREENING PLAN ASSOCIATED WITH THE DETAILED DEVELOPMENT PLAN AND WHO ELSE, UH, HERE WISH TO SPEAK, UH, AGAINST THOSE TRAILERS IN CASE GOOD EVENING, OR I GET STARTED.

I WANTED TO TAKE A MOMENT TO CONGRATULATE THE NEWLY ELECTED AND REELECTED OFFICIALS UP THERE, BUT I ALSO WANTED TO THANK EVERYBODY ON THE DYES.

I WANTED TO THANK YOU FOR YOUR SERVICE TO THE CITIZENS, EVERYONE.

SO THANK YOU.

SO WE'RE HERE TO TRY TO PRESERVE OUR NEIGHBORHOOD AND THE LIFESTYLES CHOSEN BY THOSE WHO LIVE THERE.

AND BY NEIGHBORHOOD, I DON'T MEAN JUST THE ELKS.

I ALSO MEAN OUR NEIGHBORS IN THE SURROUNDING AREA.

THIS NEW PROJECT SIMPLY DOES NOT FIT IN.

I'D LIKE YOU TO TAKE A LOOK AT THAT MAP THERE TO THE NORTH, TO THE EAST AND TO THE SOUTH ARE ALL HOMES

[01:40:02]

ON THREE TO 11 ACRES.

SOME PEOPLE OWN THE ADJOINING PROPERTY AND MIGHT HAVE A TOTAL ACREAGE OF OVER 25 ACRES TO THE I'M SORRY, MR. KALIA, CORRECT.

YET ANOTHER NEIGHBOR.

SO TO THE WEST IS ACROSS THE STREET IS THE OAKS.

SO THE DENSITY COMPARISON, AND YOU ALL KNOW I'M GOING TO TALK ABOUT DENSITY.

THE DENSITY OF THE ADJOINING PROPERTY AT THE MAXIMUM IS 0.33.

THE DENSITY OF THE PROJECT IS 5.7, WHICH MEANS IT IS MORE THAN 17 TIMES.

THE DENSITY OF THE ADJOINING PROPERTIES.

JUST TAKE A LOOK AT THE PICTURE.

IT'S EASY TO PICK OUT WHAT DOESN'T FIT OUT, WHAT DOESN'T FIT.

IT JUST STANDS OUT.

MY BELIEF IS THAT THE PLANNING COMMISSION EXCEEDED THEIR AUTHORITY BY APPROVING THIS ORDINANCE 1170 1.06, CLEARLY STATES THAT NO APPROVAL SHALL BE GIVEN UNLESS IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN, THE COMPREHENSIVE PLAN CALLS FOR SINGLE FAMILY, DETACHED HOMES ON MEDIUM TO LARGE LOTS.

THIS DOES NOT COMPLY.

THERE HAS BEEN SOME DISCUSSION REGARDING THE ELKHORN PROJECT.

THE CITY THAT THE CITY HAS ALREADY COMPROMISED, COMPREHENSIVE PLAN BY ALLOWING A COMMERCIAL PROJECT ON THE CORNER OF FISHBURG IN BELFAST.

WELL, MY RESEARCH SHOWS THAT THE REZONING WAS NOT TO COMMERCIAL.

IT WAS TO APP, WHICH IS A PLANNED PUBLIC AND PRIVATE BUILDINGS AND GROUNDS DISTRICT SPECIFIC LEGISLATION, WHICH ALLOWS FOR SPECIFIC TYPES OF BUILDINGS TO BE BUILT IN A RESIDENTIAL AREA, SUCH AS CHURCHES, SCHOOLS, LIBRARIES, AND NURSING HOMES.

I DID HAVE A LOVELY CONVERSATION WITH THE DEVELOPER, MR. BERLIN, HE'S VERY OPEN, BUT THEY'RE JUST NOT SEEM TO BE ANY COMMON GROUND.

MY UNDERSTANDING IS THAT IT IS THIS PROJECT OR NO BEARINGS.

I DID ASK IF THERE WAS ANY OTHER TYPE OF PRODUCT OR ANY OTHER WAY TO LESS THAN THE DENSITY.

AND I'M SURPRISED THAT THIS PRODUCT LEFT THE PLANNING COMMISSION WITH ABSOLUTELY NO MITIGATION FOR THE IMPACT ON THE SURROUNDING EIGHT BRIDGES.

THERE'S NO BUFFER ZONES.

ALTHOUGH HE, I UNDERSTAND IS AGREEING TO IT.

NOW THERE'S NO BUILDING RESTRICTIONS ON THE HOMES THAT ABUT HIS SURROUNDING HOMES AND THERE'S NO INTENTION OR ANY KIND OF PLAN TO TRY TO ALLEVIATE THE TRESPASSING THAT OCCURS WHEN AN URBAN PROJECT IS PUT NEXT TO A RURAL PROJECT.

I GUESS MY FEELING IS REALLY THAT THIS IS AN URBAN DESIGN IN A RURAL SETTING.

AND I ASK WHY AND MAYOR GORA ASKED THAT QUESTION AT THE WORK SESSION.

THE ANSWER WAS THAT IT'S AN AVAILABLE PIECE OF LAND.

THAT'S BEEN SALE, BEEN FOR SALE FOR A LONG TIME.

EXCUSE ME.

AND THAT ANSWER REALLY JUST DOESN'T SIT WELL WITH ME JUST BECAUSE IT'S AVAILABLE.

DOESN'T MEAN WE SHOULD DO IT.

YOU WERE HEIGHTS IS A GROWING CITY.

I HEARD THAT NOW WE'RE NUMBER 27, THE 27TH LARGEST IN OHIO.

SO ISN'T IT TIME WE PULL UP OUR BIG BOY PANTS AND ACT LIKE ONE BIG CITIES HAVE DEFINED PLANS FOR GROWTH AND A PLAN TO MAINTAIN AND UPDATE EXISTING PROPERTIES, BIG CITIES FOLLOW GENERALLY ACCEPTED PLANNING PHILOSOPHIES.

AND ONE OF THOSE IS TO TAPER GROWTH FROM URBAN TO SUBURBAN, TO SEMI RURAL, TO RURAL, AND NOT JUST SHOVE A PRODUCT IN ANY OPEN SPACE, BUT TO MAKE DESIGNS WITH INTENTION.

AND WITH PURPOSE, URBAN LIVING IS GENERALLY ALONG MAJOR CORRIDORS, TRAFFIC PATTERNS DESIGNED TO MOVE THOSE PEOPLE IN URBAN LIVING IS GENERALLY DESIGNED AND CONSUMED IN CONJUNCTION WITH URBAN DESIRES.

THAT BEING RESTAURANTS AND SHOPPING THIS PROJECT IS A RURAL AREA.

PEOPLE IN THE SURROUNDING AREAS LIVE ON MULTI ACRE, LOTS.

AND AN INTERESTING FACT THAT I LEARNED DURING MY RESEARCH.

THANK YOU, MR. SHAW IS THAT MANY OF THESE PEOPLE JUST PURCHASE THEIR DREAM HOMES IN THE RECENT FEW YEARS OF THE FOUR NEIGHBORS TO THE NORTH 2019, 2020 2021.

THAT'S RIGHT.

2021 IN OCTOBER FOUR MONTHS AGO, MS. SMITH, I DON'T WANNA BE RUDE OR INTERRUPT, BUT I GOT TO KEEP THINGS FAIR HERE.

SO YOU GOT ABOUT 30 SECONDS.

GOT IT.

[01:45:01]

MOVED FROM A TRADITIONAL SUBDIVISION TO HAVE SPACE AND PRIVACY, BUT WAIT A MINUTE, THERE'S A DEVELOPER.

THIS IS GOING TO GIVE YOU MORE NEIGHBORS THAN YOU HAD BEFORE.

AND I'VE HEARD IT SAID, AND IT'S BEEN SAID TO MY FACE, THE PEOPLE IN THE OAKS DON'T WANT DEVELOPMENT.

THAT'S NOT TRUE.

ALL WE'VE EVER ASKED FOR IS COMPLIANCE WITH THE ORDINANCES IN THE CITY PLANS THAT WE HAVE.

AND WHILE I MAY OPPOSE THIS BASED ON MY DESIRE TO PROTECT MY PROPERTY VALUES MY NEIGHBORS ACROSS THE STREET THAT SURROUND THAT PROPERTY ARE ASKING THE CITY TO HAVE THEIR BACK IN MAINTAINING THEIR CHOSEN LIFESTYLE.

THEY CHOSE THIS COMING FROM SUBDIVISIONS IN URBAN SETTINGS.

THEY GAVE UP THE CORNERSTORE, THE PROXIMITY, THE FREEWAY, AND THEN NEARBY RESTAURANTS.

THEY WANTED MORE SPACE, LESS NEIGHBORS, AND BELIEVE THEY FOUND IT AND THEY BELIEVE THE COMPREHENSIVE PLAN WILL PROTECT THE LIFESTYLE THAT THEY DESIRE AS IT DOESN'T FIT OR FOLLOW THE COMPREHENSIVE PLAN.

PLEASE EITHER MODIFY THE PROJECT TO COMPLY WITH THE COMPREHENSIVE PLAN AND REQUIRE MITIGATION TO RESPECTFUL LIFESTYLES OF THE SURROUNDING RESIDENTS.

OR PLEASE VOTE NO ON THIS APPLICATION.

I HOPE I MADE IT IN TIME.

UH, JUST A QUICK FOLLOW-UP QUESTION, OF COURSE, FOR MR. SMITH, UH, JERRY, UH, MR. SMITH BROUGHT UP A POINT ABOUT THE 1170 1.06.

UH, NO APPROVAL SHALL BE GIVEN UNLESS THE COMMISSION SHALL FIND BY PREPONDERANCE OF EVIDENCE.

THE EVIDENCE THAT SUCH PUD ON THE PROPOSED LOCATIONS A IS CONSISTENT WITH THE OFFICIAL THOROUGHFARE PLAN, COMPREHENSIVE DEVELOPMENT PLAN AND OTHER APPLICABLE PLANS AND POLICIES.

THE ISSUE SHE BROUGHT UP WAS THE COMPREHENSIVE DEVELOPMENT.

UM, I KNOW ORIGINAL ONE HAD SINGLE FAMILY HOMES.

UH, THIS ONE HAS DUPLEXES.

UH, I HAD SENT YOU A QUESTION AND YOU HAD RESPONDED, UH, WOULD YOU PLEASE, UM, COMMENT ON THAT ISSUE? I GUESS THIS IS ALSO IN THE PUD AND THE PUD SECTION DOES PROVIDE, UM, FIRST OF ALL, THAT, UH, INHERENT IN THE PUD REGULATIONS IS AN OPPORTUNITY FOR PROPERTY OWNERS TO DEVELOP THEIR SITES WITH, WITHOUT REGARD TO STRICT COMPLIANCE WITH ALL ZONING REGULATIONS.

SO THAT'S AN UNDERLYING THING IS WHEN YOU'RE DEALING WITH THE PUD, THE WHOLE ASPECT IS YOU DON'T HAVE STRICT, UM, FOLLOWING OF THE RULES.

UM, THAT BEING SAID, THIS IS MY UNDERSTANDING OF THE COMPREHENSIVE PLAN IS THAT IT SAYS SINGLE FAMILY OR IT'S FAMILY DETACHED HOUSES.

IT'S, IT'S NOT EXACTLY CLEAR TO ME AND I HAVE NOT REVIEWED THE PLAN.

UM, THE PLANNING, THE COMPREHENSIVE PLAN IS A PLANNING TOOL IS NOT THE LAW COUNCIL MAKES THE LAW, UH, PLANNING COMMISSION IS SUPPOSED TO INTERPRET THE, THE PLAN AND WHETHER OR NOT THIS IS CONSISTENT WITH THE PLAN, UM, IS ACTUALLY WHAT DOES CONSISTENT WITH THE PLAN CONSISTENT WITH THE PLAN? IS, IS IT SINGLE FAMILY OR IS IT CONSISTENT TO PLAN? IS IT SINGLE FAMILY, DETACHED HOMES? SO THERE IS ARGUMENT MADE THAT THIS IS STILL CONSISTENT WITH THE PLAN, ESPECIALLY GIVEN THAT IT'S A PUD WHERE THEY'RE SUPPOSED TO BE DEVIATIONS.

THE PLAN IS 11, 10 YEARS OLD.

I THINK IT IS UP WITH SOMEONE EVEN COMMENTED.

UM, IT IS, UH, BEING RENEWED OR NOT RENEWED, BUT LOOKED AT IT AGAIN.

UM, THERE'S BEEN DIFFERENT TALK THAT THE PLANS OUT HERE SO FAR HAVE AT LEAST ONE DEVIATED FROM THE COMPREHENSIVE PLAN, WHICH IS TO ASK THAT THAT PLAN IS RIGHT FOR CHANGE.

SO IT'S HARD TO SAY THAT DEFINITIVELY THIS IS CONTRARY TO THE COMPREHENSIVE PLAN.

UM, I THINK IN OUR GAME IT COULD BE MADE EITHER WAY.

I THINK THAT WAS THE GIST OF MY ANSWER TO YOU.

LIKE IT WAS NOT DONE CORRECTLY, BUT IF A SINGLE FAMILY HOME IS NOT THAT MUCH DIFFERENT THAN A DUPLEX, THEN IT'S IN THAT GRAY AREA.

SO, AND I UNDERSTAND IT.

AND I, I WAS IN A CONVERSATION EARLIER TODAY, UM, TRYING TO EXPLAIN THAT MY AGAIN, AND AS I WAS SAYING IT AND LISTENING TO WHAT I SAID, YOU KNOW, IT'S JUST REALLY, UM, NEBULOUS, IF, IF THAT'S THE RIGHT WORD, UH, FUZZY.

SO THERE THERE'S NO VIOLATION FROM WHAT THE PLANNING COMMISSION DID, THE RULES.

AND WE HAVE THAT WE'RE FOLLOWING ARE, UM, BROAD.

AND BECAUSE OF THAT, THERE'S NO DEFINITIVE, UM, YOU KNOW, NEGATIVE DECISION THAT ANYTHING HAS BEEN WRONG.

AND THAT'S HARD TO ARTICULATE TO RESIDENTS, UM, WHO ARE NOT FAMILIAR.

AND SOME RESIDENTS ARE EVEN MORE FAMILIAR THAN I AM WITHOUT A DOUBT.

UM, SO WOULD THAT, WOULD THAT BE CORRECT? NOTHING'S DEFINITIVELY, UM, DONE WRONG, APPROPRIATE, BECAUSE WHAT IS SAID HERE, UM, DOES SOUND

[01:50:01]

EVEN THOUGH AGAIN, YOU KNOW, THE STRICT READING WOULD SAY, NO, THEY'RE NOT, YOU KNOW, THAT KIND OF THING.

THAT'S, THAT'S FAIR.

IDEALLY I, IT BIT NICE AT THE PLANNING COMMISSION WENT MORE DETAIL ON IT THAN THEY DID, BUT IN MY REVIEW OF THE MINUTES, THERE WAS TWO LINES BASICALLY, BUT IT WAS BROUGHT UP ABOUT THE COMPREHENSIVE PLAN.

IT'S JUST THAT ONE LITTLE LINE ABOUT WHY, ABOUT THE COMPREHENSIVE PLAN.

AND I THINK THAT, AND I THINK YOU PUT THAT IN THE EMAIL, NOT THAT DETAILED, BUT BECAUSE THEY SUPPORTED THAT, UM, IT'S YOUR INTERPRETATION THAT THEY TOOK THAT INTO CONSIDERATION, EVEN THOUGH IT WASN'T MENTIONED DIRECTLY, YOU KNOW? YES.

AND YOU HAVE TO REMEMBER, MY INTERPRETATION IS GOING TO BE THAT THINGS WERE DONE CORRECTLY.

THERE'S A PRESUMPTION THAT THE PLANNING COMMISSION KNOWS WHERE IT'S DUE AND KNOWS WHAT THE RULES ARE WHEN THEY ACT, AND BASED ON WHAT I SAW, I THOUGHT I DIDN'T SEE ANYTHING THAT STOOD OUT TO ME AS A BLATANT VIOLATION, EVEN MORE AS I THINK I MENTIONED TO YOU, IF THERE WAS A VIOLATION, UM, IT'S, IT'S NO, NO MECHANISM TO GO BACK TO THE PLANNING COMMISSION UNDER THIS CASE.

COUNSEL NEEDS TO TAKE THE ACTION.

UM, MR. SMITH, WILL YOU PLEASE, UH, YOU BROUGHT THE QUESTION, SO I JUST WANTED TO CLARIFY AS BEST AS I CAN, UH, AS BEST AS THEY TURN CAN, UM, WE, YOU KNOW, WITH THE STRICT READING, I TEND TO AGREE WITH YOU, BUT WHEN THE LAWYER SPEAKS, UH, THAT'S, THAT'S THE WAY IT IS.

IT'S THE LAW DIRECTOR ON COUNCIL.

SO I DON'T HAVE THE LAW DIRECTOR SAY IT CAN BE INTERPRETED EITHER WAY AND YOU GET TWO LAWYERS IN A ROOM.

ONE'S GOING TO TAKE ONE SIDE.

THE OTHER TAKES THE OTHER THAT'S THEIR JOB, UH, BY, AND, BUT WHEN OUR LAW DIRECTOR SPEAKS, THEN THAT'S GOING TO BE, UH, WHAT WE FOLLOW.

SO, LIKE I SAID, WITH THE READING, I TEND TO AGREE WITH YOU.

UH, BUT AT THAT TIME, AT THAT ISSUE, YOU KNOW, I, I HAVE TO GO WITH THE LAW DIRECTOR.

UM, HOWEVER, THAT DOESN'T MEAN THAT, THAT IS THE WAY I'M GOING TO VOTE ON THIS PARTICULAR ISSUE.

SO WHEN I WAS, I WAS TRYING TO MAKE, WAS NOW THAT THE PLANNING COMMISSION DID ANYTHING ILLEGAL, JUST THAT IN MY INTERPRETATION OF IT, THE WAY THAT THEY LOOKED AT IT, BECAUSE THE APPLICANT IS USING, IT'S A FIVE, ZERO APPROVAL FROM THE PLANNING COMMISSION.

SHOULD IT BEEN A FIVE ZERO IF WE HAD, IF IT HAD BEEN APPLIED STRICTLY YES.

AND HAD THERE BEEN MORE DISCUSSION ALLOWED AT THE PLANNING COMMISSION? I WAS AT THAT PLANNING COMMISSION TOO.

AND THERE WAS NOT A LOT OF DISCUSSION AS WE'VE SEEN IN OTHER PLANNING COMMISSIONS.

I WAS, I WAS SURPRISED BY IT AS WELL.

AND JUST ONE LAST COMMENT, UM, I REALLY WANT TO THANK YOU PERSONALLY, UH, THE WAY YOU HAVE HANDLED YOURSELF, THE QUESTIONS THAT YOU'VE ASKED THE DETAIL, THE TIME AND THE EFFORT YOU PUT INTO IT, UH, TO, UH, BRING THIS ISSUE TO MY ATTENTION AND TRYING TO DELVE INTO THE LAW DIRECTOR IN HIS OPINION, UM, IS TO ME VERY INCREDIBLE.

AND I MEAN, A TRUE TESTAMENT OF YOUR EFFORTS IN THIS.

AND I WANT TO THANK YOU VERY MUCH FOR THAT.

I WANT TO THANK YOU.

AND THERE'S CERTAINLY OTHER MEMBERS OF COUNCIL THAT HAVE HELPED WITH MY CITY PLANNING AND DEVELOPMENT EDUCATION ALONG THE WAY.

THANK YOU, MR. WEBB, THERE SPENT A LOT OF, IT'S BEEN A LEARNING EXPERIENCE FOR ME.

MA'AM ANYONE ELSE PRESENT WHO WISHES TO SPEAK AGAINST THE ISSUE? GOOD EVENING.

MY NAME IS CORETTA TANG, A STALL, AND I'M A RESIDENT OF HUBER HEIGHTS.

UM, SO TWO THINGS THAT I WANTED TO MAKE, MENTION I AM REPRESENTING THE, UM, BOARD OF THE OAKS.

SO I AGREE WITH MY PEERS IN TERMS OF THEIR, UM, TECHNICAL CONCERNS.

AND, UM, ON THE SECOND PART OF THAT, MY CONCERNS ARE A LITTLE BIT MORE DIFFERENT, UM, THAT I'D LIKE TO EXPRESS.

I'VE BEEN A RESIDENT OF HUBER HIGHS FOR 20 YEARS, BUT ONLY IN THE OAKS FOR ABOUT TWO AND A HALF.

AND I WILL TELL YOU IF THE DEVELOPMENT IS REALLY LOOKING AT YOUNG FAMILIES AND YOUNG PROFESSIONALS WITH FOUR ACTIVE CHILDREN, I WOULD TELL YOU, MY ONLY CONCERN IS THE SAFETY ONE WITH COTTONWOOD PARK BEING ALONG FISHBURG, THERE'S NO SIDEWALKS.

THAT'S A HUGE SAFETY ISSUE FOR US.

OUR DEVELOPMENT WITHIN THE OAKS ARE FULL OF CHILDREN, RIDING THEIR BIKES, INCLUDING MY THREE BOYS TWO.

AND FROM COTTONWOOD DAILY, WE HAVE NEW HOMES BEING BUILT THERE NOW, WHICH IS A LITTLE BIT, UM,

[01:55:02]

UNDER CONSTRUCTION.

AND SO IT'S A LITTLE COMPLICATED FOR THEM TO GET TO AND FROM ACROSS THE STREET, WHICH IS DANGEROUS, BUT THERE ARE KIDS RIDING THEIR BIKES TO AND FROM SCHOOL ALL THE WAY DOWN CHAMBERSBURG, ALL THE WAY DOWN, FITCHBURG UP TO WISEN, BOURNE AND WAYNE.

AND I WILL TELL YOU WITH NO BUSING, THAT'S MY ONLY SERIOUS CONCERN IS THE SAFETY ASPECT, NO SIDEWALKS.

SO PLEASE CONSIDER WHILE I'M OPPOSED OF THE NEW DEVELOPMENT, WHICH IS HIGH TRAFFIC FOR US, I WOULD SAY THE LACK OF SIDEWALKS IS EVEN MORE OF A SAFETY ISSUE.

SO THANK YOU SO MUCH FOR THOSE COMMENTS.

I KNOW THERE ARE CERTAINLY ALL OF A SUDDEN COUNSELORS ARE NO THAT ISSUE AND ARE AWARE OF THAT.

UM, I'M GOING TO DEFER, UM, CAUSE I KNOW SHE'S JUST JUMPING OUT OF HER SEAT RIGHT NOW.

UH, I'M GONNA LET MRS. BURCH TALK ABOUT SIDEWALKS BECAUSE THAT HAS BEEN, UH, SOMETHING THAT BEFORE A SIDEWALK NO, MA'AM NO, MA'AM OKAY.

BUT THAT IS MY ISSUE.

AND, AND I'M VERY FAMILIAR WITH THE RISK AND SAFETY CONCERNS.

AND I HAVE BEEN VERY MUCH PUSHING FOR NOT ONLY THE ONE THERE, BUT THE ONE ON BELL FOUNTAIN THAT IS EDGES UP ON THE WEST SIDE OF BELL FOUNTAIN.

UM, I'VE ALSO REQUESTED THAT A FLASHING PEDESTRIAN CROSSING SIGN BE PUT THERE BECAUSE OF THE CHILDREN THAT GO BACK AND FORTH TO COTTONWOOD, UH, JUST A SOLAR ONE.

SO THEY DIDN'T TAKE A LOT OF ELABORATE INSTALLATION, BUT I'M HERE TO TELL YOU THAT WHEN WE, UH, GO FORWARD WITH THE, UH, THE SIDEWALK BUDGET, WHICH SHOULD BE COMING UP NEXT MONTH, THAT THOSE WILL BE IN IT.

I'M SURE YOU, SHE WILL NOT LET ME FORGET.

WELL, THANK YOU.

YES, ABSOLUTELY.

ANYONE ELSE WHO WISHES TO SPEAK AGAINST THE APPROVAL OF THE ISSUE? OKAY.

SO I WAS JUST NOTIFIED OF THIS MEETING WITHIN TWO DAYS AGO, MY NAME'S HAROLD COLLIER.

I BOUGHT THE PROPERTY TO THE, UH, TO THE EAST OF THIS DEVELOPMENT.

I'M LOOKING AT YOUR MAP THAT I'M SEEING, I DON'T KNOW HOW RECENT THAT IS OF THE CREEK AND WHERE THAT WATERWAY RUNS.

AND IF YOU GUYS HAVE HAD, YOU HAD A SURVEY DONE ON THAT BACK LINE AS A MARK, YOU HAVE PENS IN IT.

ONE OF THE CONCERNS WOULD BE WHERE THAT PROPERTY LINE IS AND WHERE THE CREEK IS, IF THEY'RE GOING TO BE GETTING INTO THAT CREEK, UM, JUST CAUSE I'VE, I'VE WALKED IT.

I'VE HAD SOME, UH, MASON PASS BACK THROUGH THERE JUST TO SEE, I DON'T THINK WHAT YOU GUYS ARE LOOKING AT IS ACCURATE.

UM, I DID RECENTLY MOVE OUT OF DAYTON OVER TO CHAMBERSBURG.

I BOUGHT 7,400 AND ALSO THE PROPERTY HERE BESIDE THIS 70 TO 80 TO GET AWAY FROM NEIGHBORS.

UM, AND I GET DEVELOPMENT AND I GET THAT, YOU KNOW, IT SOUNDS LIKE A GOOD IDEA.

THIS IS PROPERTY HAS BEEN FOR SALE FOR A LONG TIME.

SO LET'S PUT A DEVELOPER THERE.

WELL, THE 14 ACRES I BOUGHT WAS FOR SALE FOR A LONG TIME AND I DON'T PLAN ON DEVELOPMENT.

SO JUST BECAUSE IT IS AVAILABLE, IT DOESN'T MEAN THAT IT'S THE RIGHT THING TO DO.

UM, I GUESS MY CONCERN WOULD ALSO BE FOR THE NEIGHBOR FOR THE, FOR THE NORTH, AS FAR AS PRIVACY, WHEN YOU PUT IN THAT MANY HOUSES.

AND I KNOW THAT THERE WAS A COMMENT MADE THAT SAID DUPLEXES AREN'T REALLY THAT DIFFERENT THAN SINGLE FAMILY HOMES OUT OF THIS ROOM.

PROBABLY NOT A LOT OF US LIVE IN DUPLEXES.

SO I'D SAY IT'S GOTTA BE A LITTLE BIT DIFFERENT THAN A SINGLE FAMILY HOME, TAKE THAT FOR WHAT IT'S WORTH.

UM, SO THAT ALL BEING AGRICULTURAL LIVING OUT THERE, THERE IS SHOOTING AS FAR AS FIREARMS SHOTS, VERY, VERY COMMON.

YOU'RE GOING TO HAVE RESIDENTIAL DIRECTLY BEHIND.

WHAT'S CURRENTLY ZONED AGRICULTURAL WHERE THOSE FOLKS CAN LEGALLY SHOOT IF THEY WANT TO.

AND NOW IT'S A SAFETY CONCERN.

LIKE, ARE YOU GOING TO PUT A BACKSTOP UP? YOU KNOW, IT'S, THERE'S ISSUES THERE FOR THAT.

AND I GUESS THE TRESPASSING, YOU TALKED ABOUT PUTTING SOMETHING UP, YOU KNOW, IF SOMETHING GOES THROUGH, I'M SURE THIS PLAN WILL PROBABLY CHANGE WHO I MET THAT THAT'S OKAY.

I KNOW HOW TO WORK A MOUSE, MAYBE MAN SENSITIVE.

I THINK THAT MAN, I WORKED IN AN OFFICE EVERY DAY.

I PROMISE YOU, WOULD YOU LIKE TO WANT WHAT'S THAT? NO, NO, THAT'S ALL RIGHT.

PUT IT BACK UP ON THE MAP IF YOU CAN.

OH,

[02:00:01]

THERE WE GO.

ANY PART OF THE CREEK THAT, YOU KNOW, I DON'T AFTER WALKING IT, UH, THE PROPERTY THAT IS ON THE FAR EAST, NORTH SIDE OF THIS, WHERE THAT CREEK IS, THERE'S SOME CONCRETE CENTER BLOCKS, SOME THINGS THAT HAVE BEEN DONE TO REALLY MITIGATE THAT WATERWAY.

AND I DON'T KNOW WHAT WILL HAPPEN AS FAR AS WHEN WE BRING IN NEW WATER, WHAT WILL HAPPEN GOING ON? IT GETS HIGH BACK THERE.

THERE WAS JUST A LOT OF WATER THAT RUSHES THROUGH THAT.

UM, AND YOU KNOW, JUST CONCERNS.

I GET DEVELOPMENT AND I'M ALL FOR DEVELOPMENT.

I'M NOT REALLY FOR ALL DUPLEX HOUSES.

I MOVED OUT OF A $250,000 NEIGHBORHOOD.

I DON'T REALLY WANT A $200,000 NEIGHBORHOOD BESIDE ME.

YOU KNOW, THAT'S JUST LIKE EVERYONE HAS SAID, IF YOU LOOK DOWN CHAMBERSBURG, LOOK AT THOSE PROPERTIES, LOOK AT THE ACREAGE.

EVERYBODY BOUGHT THERE TO GET AWAY FROM NEIGHBORS.

YOU KNOW, I'VE SPENT, I RAISED TWO KIDS, GOT THEM OUT OF THE HOUSE AND I CAN FINALLY AFFORD A HOME WITH A LITTLE BIT OF LAND AND I EVER CAN PUT EVERYBODY RIGHT BESIDE YOU.

GOOD JOB.

SO I NEED TO MOVE AGAIN.

YOU KNOW, IT'S JUST, THOSE ARE THE THINGS YOU THINK ABOUT.

IT'S LIKE, COME ON.

SO I DON'T THINK I REALLY HAD ANY QUESTIONS OR STATEMENTS THAT WERE TOO CRITICAL, BUT AT LEAST WANTING TO BE HEARD THAT WAY, IF IT COMES UP DOWN THE ROAD, I KNOW THERE'S TRESPASSING THAT WILL END UP HAPPENING.

THAT'S COMMON, BUT YEAH, REALISTICALLY I'D RATHER HAVE KIDS PLAYING IN THE WOODS AND OUT ON THE STREET ANYWAY.

SO JUST, WELL, I DO APPRECIATE YOUR COMMENTS AND THANK YOU.

HOLD ON ONE SECOND, BECAUSE I THINK MS. BURGESS MAY HAVE, IS THERE ACTIVE HUNTING FOR DEER OR WHATEVER ON THAT PROPERTY BACK THERE? THERE IS.

THERE'S, THERE'S ACTIVE HUNTING.

THERE'S TREE STANDS BACK THERE.

IT'S NOT JUST MY PROPERTY, BUT THE FIELD TO THE BACK OF THAT, THERE'S TREES TO YOUR HANDS ALL OVER.

THERE'S A, AS FAR AS CAMERAS THAT ARE OUT THERE WATCHING, UM, AND YEAH, THERE'S QUITE A BIT OF COYOTES AND STUFF BACK THERE THAT WE RAN ACROSS.

USUALLY THEY'RE UPDATED PRETTY FREQUENTLY.

WELL WE HAVE COYOTES EVERYWHERE, BUT YEAH.

SO THERE'S ACTIVE HUNTING BACK THERE.

I MEAN, IT'S COMMON.

THEY'RE ALL HERE.

50 COWS GO OFF.

THERE'S BIG BOY WEAPONS OUT THERE.

SO THAT WOULD BE NICE TO SIT IN HERE HOUSE AND LISTENED TO THAT ALL THE TIME.

BUT THAT GOES BACK TO MY QUESTION TO MR. MR. UH, BERLIN, UM, WHEN THEY DO THE WATER STUDY, I DON'T KNOW HOW YOU CAN AVOID GOING BEYOND THE PLAT THAT, THAT YOU'RE LOOKING AT BECAUSE OF THE ISSUES OF THIS GENTLEMAN BROUGHT UP AND THE ISSUES THAT, THAT THE OTHER GENTLEMAN BROUGHT UP, THAT IT SOUNDS LIKE YOU CAN'T, YOU CAN'T JUST LOOK AT THAT LITTLE POCKET WITHOUT UNDERSTANDING WHAT'S GOING ON IN THE NEIGHBORING PROPERTIES AND HOW THEY CAN AFFECT YOUR PROPERTY.

THAT'S OKAY.

I'M SURE THERE'LL BE PLENTY OF MEETINGS, BUT NONETHELESS, YOU KNOW, YEAH.

IF YOU WANT, IF YOU WANNA ADDRESS THAT REAL QUICK, APPRECIATE IT.

LET'S BE QUICK.

UM, AS I WAS SAYING, UM, WHEN YOU'RE, WHEN, WHEN YOU'RE REFERRING TO LOOKING BEYOND THE BORDERS OF THE PROPERTY, UM, THE ENGINEERS, WHEN THEY'RE DOING THE STORMWATER ANALYSIS OR DETERMINING HOW MUCH WATER IS ENTERING THE PROPERTY AND THEN HOW MUCH NEEDS TO LEAVE THE PROPERTY AND THEN THE RATIOS THAT IT ENTERS THE PROPERTY AND IT LEAVES THE PROPERTY.

UM, YOUR QUESTION IS, IS DO YOU LOOK AT HOW IT AFFECTS AS IT LEAVES THE PROPERTY THAT'S, WHAT'S DONE WHEN THEY DO THOSE CALCULATIONS? SO THEY, UH, IF THERE'S X AMOUNT OF WATER LEAVING THE PROPERTY, NOW THERE'S X AMOUNT OF THE PROPERTY, UH, LEAVING THE PROPERTY AFTER DEVELOPMENT.

SO IT'S NOT X PLUS X PLUS Y PLUS Z IT'S X.

AND AS MR. DUKE SAID, IT'S, IT HAS TO RETAIN A HUNDRED PERCENT OF THE WATER AND THEN RELEASE IT AT A RATE THAT IS CONSISTENT WITH THE REQUIREMENTS OF THE CITY AND TO THE STATE OF OHIO.

UM, SO I, I DON'T, I DON'T KNOW HOW BEST TO ANSWER.

LIKE, THAT'S MY BEST WAY I CAN ANSWER.

WHY DO THEY STUDY GLOBALLY THE STORMWATER IN THE AREA? I'M KIND OF OUT OF MY PAY GRADE, THAT'S THE ENGINEERS THAT DO THAT.

AND SO, UH, I KINDA, WE SPEND QUITE A BIT OF MONEY WITH THESE ENGINEERS BEFORE WE EVEN START DEVELOPING TO MAKE SURE THAT IT'S DONE CORRECTLY.

WE DON'T NOT WANT TO GET INTO DEVELOPING THIS SITE AND THEN FIND A PROBLEM.

THAT'S, THAT'S NOT WHAT WE'RE IN BUSINESS FOR.

THAT'S NOT WHY WE'RE IN BUSINESS.

THAT'S NOT WHY MY FAMILY HAS BEEN DOING THIS FOR A LONG TIME.

UM, SO WE TRUST THE ENGINEERS AND THEN WE TRUST OUR MUNICIPALITIES, NOT JUST HUBER HEIGHTS, ALL MUNICIPALITIES THROUGH THE SAME PROCESS OF THIS REVIEW, THEY REVIEW

[02:05:01]

OFF THE SAME DATA.

SO, UM, THAT'S KIND OF THE BEST WAY I CAN ANSWER IT IN A ROUNDABOUT WAY.

THIS IS A QUESTION FOR THE, UH, ON YOUR, UM, UH, ON YOUR OVERLAY PLAN IN OUR PACKET WAS A MORE DETAILED, UH, TOPOGRAPHICAL, UM, LAYOUT THAT EVEN SHOWS A, THE STREAM THAT THE, UH, PREVIOUS RESIDENTS SPOKE ABOUT AND WHAT WAS REFERRED TO IN THAT PACKET.

IT WAS A 100 YEAR FLOOD, PLAIN GOING THROUGH THERE.

IT APPEARS THAT YOUR ENGINEERS AND YOU WANT TO BE ABLE TO SPEAK TO THIS, BUT APPEARS YOUR ENGINEERS HAVE SHAPED THAT PLACEHOLDER, UM, RETENTION POND BASED ON, UM, THAT GOING AROUND THAT SOIL.

UH, YES, SIR.

SO, UH, AS MR D MENTIONED EARLIER, TALKING ABOUT THE RETENTION POND, TYPICALLY IN PLANNING COMMISSION, WE SEE THOSE THAT'S AS A, WHAT I CALL A PLACEHOLDER.

IN OTHER WORDS, THAT'S A RETENTION POND, BUT IT MAY OR MAY NOT REFLECT WHAT WOULD COME IN, UH, TO PLAY WITH A REAL RETENTION POND THERE ONCE IT'S SIZED CORRECTLY AND SHAPE CORRECT PLAN, SO FORTH, LOOKING AT YOUR PLAN, IT LOOKS LIKE YOU HAVE ROOM FOR SOME EXPANSION.

AND I GUESS MY QUESTION GOES BACK TO THAT RESIDENT WHO SAID IT DOESN'T APPEAR THAT THAT STREAM IS GOING THROUGH ON THE OVERLAY, THE WHITE, HE SEES IT FROM HIS PROPERTY.

SO HOW MUCH CONSIDERATION DID YOU GIVE TO THAT A HUNDRED YEAR FLOOD, PLAIN GOING THROUGH THERE? CAN YOU SPEAK TO THAT? YEAH, THAT'S A GOOD QUESTION.

SO, UM, IN REGARDS TO THE ARIEL, I BELIEVE THIS IS PROBABLY ACTUALLY, THIS IS PROBABLY FROM GIS, CORRECT? THIS IS A GIS AREA.

I DON'T KNOW THE DATE ON IT.

UM, BUT, UH, IT'S FROM THE MONTGOMERY COUNTY GIS.

SO I CAN'T SPEAK TO IF THE WATERCOURSE OF ST WATERCOURSES DO CHANGE.

UM, WE, WHEN WE DO A, UH, WE'VE DONE SOME POPO ON THE SITE, UH, WHEN WE DO A FULL, DETAILED TOPOGRAPHICAL STUDY, UM, IT'LL IDENTIFY IF THE STREAM COURSE HAS CHANGED.

AND THEN WE HAD TO STAY OUT OF IT NOW A HUNDRED, 100 YEAR FLOOD, PLAIN, WHEN THEY'RE IDENTIFIED ON A FEMA MAP, WE STAY THAT HECK AWAY FROM THOSE.

UM, IT'S, IT BECOMES A HUGE IF WE IMPACT THOSE, I'VE HAD RUN-INS WITH PROPERTY OWNERS THAT HAVE IMPACTED THOSE, AND IT'S NOT A PRETTY SIGHT WHEN THE CORPS COMES AND LOOKS AT IT.

SO FOR ME, UM, IF I DO IMPACT IT, IT'S MY MONEY.

YOU KNOW, I GET, WHEN I GET FINED, IT'S COMING OUT OF MY POCKET BOOK.

SO I MAKE SURE THAT WE DON'T IMPACT THAT.

THAT'S WHY WE HAVE THE CONSULTANTS, UM, DO ALL THE SPORTS.

THAT'S WHY WE HAVE THE ENVIRONMENTAL, THE GEO-TECH, UM, HAVE THE TRAFFIC STUDY DONE IS WHEN I START PUTTING REAL MONEY TO THIS, THIS IS MONEY OUT OF MY POCKET.

I WANT TO MAKE SURE THAT THE I'S ARE DOTTED AND THE T'S ARE CROSSED.

SO IN REGARDS TO THE DETENTION BASIN, UM, ENGINEERS, THEY DO THIS EVERY DAY.

UM, THESE ARE CIVIL ENGINEERS THAT ARE IN THIS INDUSTRY, UM, LAND AND LAND DEVELOPMENT INDUSTRY.

SO, UM, THEY SIZE IT BASED OFF OF, THEY CAN DO A PRETTY QUICK CALCULATION BASED ON THE HARD SURFACE THAT'S PROPOSED, AND THEN THEY CAN SIZE THE DETENTION BASED IN THAT WAY.

UM, IS IT THE SIZE THAT IT WILL BE? IT COULD BE, UH, IT COULD BE BIGGER.

IT COULD BE SMALLER.

AND THE, IN THE EVENT THAT IT'S BIGGER, COULD IT GET BIGGER AND REDUCE UNITS? YES.

THAT'S AN EVALUATION THAT WE DO.

UM, MY ENGINEER HERE IS MSP.

THEY'RE VERY REPUTABLE.

AND SO WE TRUST THEM WHEN WE DO THESE DESIGNS THAT, UM, TYPICALLY THEY, UH, UH, WAS USING THIS WORD, UM, WITH THE CONVERSATION TODAY.

OVER-ENGINEERING, THAT'S WHERE THEY OVER-ENGINEER THESE ON OUR CONCEPT PLANT SIDE, SO THAT WE DON'T HAVE TO COME TO A SITUATION WHERE WE GET, GO FOR PLAN REVIEW.

AND THERE'S SOME MAJOR PROBLEMS WITH THE PLAN.

SO LONG ANSWERS ARE LONG, UH, SHORT ANSWER LONG.

UM, THAT'S KIND OF HOW WE EVALUATE THAT FROM THERE.

I DON'T KNOW.

DOES THAT ADDRESS YOUR CONCERN, SIR? UH, REGARDING WHERE THE, WHERE DO YOU FEEL THE STREAM IS AND WHERE IT MIGHT POSSIBLY BE ON THE, WELL, I SAY WE'RE TALKING ABOUT, I CAN'T SAY IT.

[02:10:03]

MA'AM THANKS, TOM.

IS THERE ANYONE ELSE HERE WHO WISHES TO SPEAK AGAINST THE APPROVAL? THE ISSUE TO COME, JUST COME TO THE BUDDY, MY KNEES REALLY HURT.

WHAT IS THE PRICE RANGE OF THESE UNITS? THINK WE'LL DEFER TO THE, YOU WANT, AND BY THE WAY, THEY ARE ATTACHED HOMES, WHICH MEANS THEY'RE MULTI-FAMILY.

SO WHAT IS THE PRICE RANGE? SO THE PRICE RATING FOR THIS PRODUCT IS TWO PRODUCTS HERE, UM, WITH MULTIPLE FOUR PLANS, THERE'S THE TOWN OWN PRODUCT, LIKE I MENTIONED IN THE AIR PATIO PRODUCT, BUT A BLINDED RE A BLENDED PRICE.

SO YOU START AT A BASE LEVEL AROUND 230,000 THAT'S WITHOUT ANY THAT'S THE BASE LEVEL.

SO YOU GO BUY YOURSELF A NEW FORD.

AND BEFORE YOU START PUTTING THE ADDITIONS ON THE SATELLITE NAVIGATION, THE HD RADIO, UM, THAT'S THE BASE PRICE.

UM, IT GOES UP FROM THERE UP INTO OVER 300,000.

UM, SO, UH, IT'S, IT ALL DEPENDS ON WHAT PEOPLE WANT.

UH, THERE'S UH, FINISHED LEVELS THAT THEY'LL PICK HERE.

UM, I KNOW THAT, UM, MY COUSIN JUST BOUGHT A, UH, ONE OF THE TOWNHOMES DOWN IN A SUBDIVISION IN KENTUCKY AND SHE FULLY LOADED IT.

UM, SO THERE'S SO MANY DIFFERENT OPTIONS, BUT LIKE I SAID, 230,000 TO OVER 300,000, AS FAR AS FISHER HOMES, THE ONLY DEVELOPER THAT YOU WERE THE ONLY, I'M SORRY, ONLY EVERYTHING YOU WERE WORKING WITH WITHIN THIS PARTICULAR PROJECT.

SO THIS IS A PRODUCT THEY DEVELOPED PROBABLY SIX OR SEVEN YEARS AGO.

UM, THEY TEST PILOTED AT ONE OF MY SUBDIVISIONS IN BOONE COUNTY.

UM, IT WAS DESIGNED BY THE FOUNDER, WHICH IS HENRY FISHER.

SO THIS WAS DESIGNED BY HIM BECAUSE HE FELT THIS PRODUCT WAS NEEDED.

AND, UH, AND THE TRI-STATE.

UM, SO HE, UM, HE DESIGNED THIS, TESTED IT OUT AND IT'S OFFICIAL WILL BE THE ONLY BUILDER HERE.

UM, WE WILL HAVE A CONTRACT WITH THEM AND, UM, THEY HAVE, UH, A VERY GOOD REPUTATION OF GOING INTO DEVELOPMENTS, MARKETING THEM WELL, MAKING THEM LOOK NICE, KEEPING THEM LOOK NICE AND LOOKING NICE AND FINISHING THEM OUT.

THAT'S ANOTHER IMPORTANT THING THAT I FAILED TO BRENTFORD FAILED TO BRING UP IS THAT MY PARTNERSHIP WITH FISHER I'VE BEEN DEVELOPING FOR THEM SINCE THEY GOT OUT OF COLLEGE.

MY DAD DEVELOPED FOR HENRY GOING BACK TO THE EARLY EIGHTIES AND AS A COMPANY, IT'S VERY IMPORTANT FOR A CITY THAT PROJECT'S FINISHED, NOT HALFWAY FINISHED AND THEN LEFT TO SIT AND FISHER ALWAYS FOLLOWS THROUGH.

THEY FOLLOWED THROUGH GOING BACK THROUGH MULTIPLE RECESSIONS FROM MY FATHER.

THEY CAME INTO DEVELOPMENTS WHERE OTHER BUILDERS LEFT AND FINISHED THEM OUT FOR MY FATHER.

SO THEY JUST PERSONALLY, THEY HAVE A VERY GOOD REPUTATION WITH ME AND WITH THE SURROUNDING, UH, WITH ALL THE AREAS THEY'RE IN, THEY HAVE A VERY GOOD REPUTATION OF CONTINUING FINISH OUT DEVELOPS.

WELL, ONE LAST QUESTION WAS BROUGHT UP BEFORE, I THINK WE'VE TALKED ABOUT TODAY, BUT SOMEBODY TALKED ABOUT, I MEAN, WITH CHILDREN, WHAT, WHAT IS THE TARGET AGE? I MEAN, I KNOW THIS ISN'T SENIOR LEVEL HOUSING, BUT WHAT IS THERE, WHAT IS THE, WHAT'S THE TARGET MARKET WHO BUYS IT'S THESE HOUSES? SO THE TOWN, THE TOWNHOMES WOULD BE, LIKE I SAID, YOUNG PROFESSIONALS AND YOUNG FAMILIES, UM, THERE'S MIX OF OPTIONS.

YOU CAN GET A TWO AND A THREE BEDROOM ON THEM.

AND, UH, UH, THEY'RE GEARED TOWARDS, UM, THE MILLENNIAL BUYER.

LET'S SOME, IT'S A MILLENNIAL BUYER, WHICH IS A HUGE, WE FOUND OUT THAT'S WHAT A LOT OF MILLENNIALS ARE BUYING HOUSES NOW.

UM, SO, AND THEN THE PAIR PATIO PRODUCT IS A FIRST FLOOR LIVING.

SO THAT IS A THAT'S SOMEBODY THAT IS MOVING FROM THEIR HOUSE.

THEY RAISED THEIR FAMILY IN AND, UH, THEIR KIDS MOVE AWAY AND, UH, THEY DON'T NEED THAT.

THEY DON'T NEED THE SECOND, UH, SECOND FLOOR MASTER ANYMORE.

THEY DON'T WANT IT.

SO THEY MAKE A CHOICE TO MOVE HERE.

THAT'S ONE OF THE BUYERS.

AND WHO ELSE, WHO WISHES TO SPEAK AGAINST THE APPROVAL? THE ISSUE? HELLO, WELCOME.

MY NAME IS MELANIE TOLLS AND I HAVE A FEW QUESTIONS FOLLOW UP QUESTIONS, AND I THINK MY NEIGHBORS AND EVERYONE ELSE FOR ALL THE INFORMATION, THIS HAS BEEN REALLY INSIGHTFUL.

UM, MY QUESTION IS IF THESE ARE ATTACHED HOMES, UM, AND YOU'LL PAY, YOU'LL TAKE CARE OF THE MAINTENANCE AND ALL OF THAT, AND THERE'LL BE AN HOA.

ARE THESE CONDOS AND WHAT WOULD BE THE DIFFERENCE OF THIS OR A CONDO? OKAY.

YOU HAVE A SERIES OF A SERIES OF QUESTIONS ARE OKAY.

DON'T SEE IT WHEN YOU COULD GET A REGULAR HOME.

AND THEN SOMEONE HAD HAD SAID BEFORE THAT THIS DEVELOPMENT WOULD HELP TO RETAIN PEOPLE HERE BECAUSE THIS IS NEEDED, BUT AT A PRICE POINT OF 230 ON, UP FOR A DUPLEX WHO IS GOING TO BE BUYING THAT I DON'T, I REALLY

[02:15:01]

UM, ALSO I WOULD LIKE TO KNOW WHO WOULD PAY FOR AN ACCELERATION DECELERATION LANE AS SOMEONE BROUGHT UP BEFORE YOU ALREADY SPENT A MILLION DOLLARS.

AND WE HAD THAT ROAD BLOCKED OFF FOR MONTHS, THAT WAS AN INCONVENIENCE TO US.

WOULD THE CITY OR THE DEVELOPER PAY THAT YOU WOULD PAY THAT? OKAY.

UM, ALSO YOU MENTIONED THE POND AND NOW YOU KIND OF DISCUSSED THAT.

SO THIS PROJECT WILL HAVE A POND AND YOU WON'T BE USING OUR POND.

AND BASICALLY, I JUST WANTED TO REITERATE THAT WE ARE ALL CONCERNED ABOUT OUR PROPERTY VALUES.

UM, YOU KNOW, AS WE STATED BEFORE, WHEN WE, WE OPPOSED THE, UH, THE OTHER DEVELOPMENT, WE HAVE WORKED HARD TO RETAIN THE PROPERTY VALUES.

WE'VE, UM, PUT A LOT OF MONEY AND RESOURCES AND ENERGY INTO MAINTAINING OUR NEIGHBORHOOD.

AND THESE DEVELOPERS DON'T LIVE HERE.

THIS DOES NOT AFFECT THEM AT ALL.

UM, AND I WILL ALSO ADD ABOUT FISHER HOMES.

THEY TOOK OVER FROM INVERNESS.

WE WERE ONE OF THE LAST PEOPLE TO BUILD.

AND, YOU KNOW, YOU HAVE A YEAR, YOU HAVE A TO-DO LIST AND THEY COME IN AND THEY SAY WHAT'S WRONG.

AND BASICALLY FISHER, IT WAS A BACK AND FORTH BETWEEN, THIS IS INVERNESS.

THIS IS NOT OUR PROBLEM.

AND THEY WANTED TO GET TO IT AS FAST AS THEY COULD.

AND THEN IT'S LIKE, YOU'RE ON YOUR OWN.

YOU KNOW, AFTER THAT, IT'S LIKE, IT WAS JUST LIKE PULLING TEETH TO GET THEM TO FINISH THINGS.

SO YOU SAY THAT THEY HAVE A GREAT REPUTATION AND QUALITY AND ALL OF THAT, AND WE DIDN'T HAVE THAT EXPERIENCE.

APPRECIATE YOUR COMMENTS.

YOU GOT TO ADDRESS SOME OF THOSE.

I MEAN, I MEAN, YOU CAN'T ADDRESS THE BUILDER, BUT YEAH.

UM, LET'S QUICK.

UH, THEY ARE NOT CONDOS, SO THEY ARE PLASTIC.

BRIAN, CAN YOU PULL UP THE, I DO IT WITH THIS, BUT WE'D BE SCROLLING THROUGH FOR HOURS THERE WE GO.

SO THEY ARE PLOTTED THEY'RE INDIVIDUALLY PLATTED LOTS.

SO EACH PERSON EACH YOU, EACH RESIDENCE IS ON ITS OWN LOT.

SO IT IS NOT A CONDO PLAT WHERE A CONDOM LAT WOULD BE YOU'D HAVE MULTIPLE, UM, MULTIPLE UNITS ON ONE LOT.

THESE ARE, UM, ALL THESE RESIDENTS ARE IN THEIR OWN INDIVIDUAL, INDIVIDUAL LOTS, AND THE HOA DOES MAINTAIN ALL THE YARDS FOR EVERY LOT IN THE SUBDIVISION.

PLUS THE HOA OPEN SPACE, UM, REAL QUICK INDIVIDUAL MAINTENANCE ON THE ACTUAL UNIT THOUGH, THAT IS UP TO, BECAUSE THESE ARE BIND, THESE ARE OWN OWNER-OCCUPIED PROPERTY.

SO THAT'S CORRECT.

SO IF THERE'S SOMETHING HAPPENS TO THE SIDING OR A PIECE OF THE BRICK OR WHATEVER IT IS ON THESE UNITS THAT IS RESPONSIBLE FOR THE OUTSIDE, UNLIKE IN A CONDO ASSOCIATION, THAT'S KIND OF WHAT THAT IS CORRECT.

UH, IT IS STILL REGULATED BY THE HOA COVENANTS AND RESTRICTIONS.

SO IF THEY DO NOT MAINTAIN IT, UM, THEY WILL BE, UM, UH, FORCED BY THE HOA TO MAINTAIN THE EXTERIOR OF THEIR PROPERTY.

SO ACTUALLY BOB JUST CORRECTED ME.

SO IT'S UM, AND THE COMMUNITY THAT I DIDN'T KNOW THAT KENTUCKY, THEY DID NOT MAINTAIN THE EXTERIOR'S IN THIS COMMUNITY.

THEY WILL MAINTAIN THE EXTERIORS OF THE DOWNSPOUTS, THE SIDING, THE BRICK EACH WAY, OR THE OWNER, THE HOA.

SO HOA WILL MAINTAIN THE EXTERIOR ALSO.

YUP.

SO, UM, WHO TO PAY FOR DIESEL LANG? WE PAY FOR THE DIESEL LANE, UM, AND THEN I'M A FISHER AS A, AS A GENERALITY AND, UM, IN THEIR, UH, IN THEIR COMPANY, UM, AS A VERY GOOD REPUTATION, IT SOUNDS LIKE THERE WAS A, UH, NOT A GOOD SITUATION WITH, UM, UH, WITH, UH, MELANIE, UM, BUT, UH, UM, THEY HAVE A GOOD REPUTATION WITH US.

SO, UH, I THINK, UH, THEN WHO'S GOING TO BUY THESE, UM, FISHER DOES A DETAILED MARKET ANALYSIS BEFORE THEY EVEN ENTER INTO A CONTRACT WITH ME.

SO, UM, THEY ARE A BILLION DOLLAR COMPANY.

THEY SPENT A LOT OF MONEY ON MARKETING AND ON THESE, UH, UH, THESE DETAILS AND THEY FEEL THIS, THIS SITE IS GOING TO BE VERY SUCCESSFUL.

IS THERE ONE ELSE PRESENT WHO WISHES TO SPEAK AGAINST THE APPROVAL OF THE ISSUE? YES.

SO UNLESS I MISSED IT, THERE WAS ONE QUESTION THAT WASN'T ANSWERED AND NOW THERE'S GOING TO BE UP ONCE IT'S DECIDED, BUT IT WAS A MILLION DOLLARS WITH PAID FOR THAT ROAD TO BE RESURFACED AND ALL THAT LEVELING DONE.

WHO'S GOING TO PAY FOR IT IF THIS DEVELOPMENT GOES IN AND HAS TO BE WIDENING THE CITY, WHAT DOES DEVELOPER? YEP.

[02:20:01]

UH, THAT'S A TRAFFIC STUDY DETERMINES THAT I HAVE TO DO ANY UPGRADES OR IMPROVEMENTS TO THE ROAD.

THAT'S ON MY DIME.

UH, NOT ON THE CITY'S DIME AND THE DECELERATION ACCELERATION LANE IS ALSO CORRECT.

YEP.

SO IT'D BE A DIESEL, A DIESEL OR A CELEBRATION LANES, ANY, ANY ROAD IMPROVEMENTS, UM, IN THE PUBLIC RIGHT AWAY, I WOULD PAY FOR IT, EVEN THOUGH IT'S IN THE PUBLIC RIGHT OF WAY.

I'D HAVE TO PAY FOR IT.

AND IT HAD TO BE APPROVED BY STAFF OF BY ENGINEERING.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK AGAINST THE APPROVAL OF THIS ISSUE? OKAY.

NEXT TO THAT CALLING MEMBERS.

SO YOU PROBABLY SEE THE COUNSELOR MAKING ANY ADDITIONAL COMMENTS OR PROVIDING ADDITIONAL INFORMATION IF YOU HAVE ANY BUSINESS.

ONE LAST TIME.

IS THERE ANYONE PRESENT WHO WISHES TO SPEAK IN FAVOR OF, OR AGAINST THE APPROVAL OF DECISION? HEY, BARRING ANY FURTHER COMMENTS, A PUBLIC HEARING, BUT THE CITY COUNTS, WE'RE PLANNING COMMISSION CASES, DC 21 DASH 47 IS HEREBY CLOSED UH, BEFORE WE MOVE ANY FURTHER, UH, THE CHANGE OF OUR START TIMES FROM, FROM 7:00 PM TO 6:00 PM HAD CAUSED A LOT OF CONFUSION WITH, UH, THE NEW PASTOR THAT WE HAD THAT WAS HERE, DO THE INVOCATION.

AND, UH, MRS. WILSON DID SHOW UP SHE'S HERE.

UH, AND SHE HAS BEEN HERE PATIENTLY.

SO THANK YOU SO MUCH.

UH, SINCE SEVEN, WHEN SHE THOUGHT THAT THE MEETING WAS GOING TO START.

SO NOW THE PUBLIC HEARING IS FINISHED BEFORE WE MOVE ON, UH, TO ANY ADMINISTRATIVE ITEMS ON THE AGENDA.

I WOULD LIKE TO, UH, INVITE MRS. WILSON TO THE PODIUM AND, UH, FOR AN INVOCATION.

AND MRS. LOUISE WILSON IS OF THE LIFEPOINT CHURCH AT 45 55 MARSHALL ROAD IN KETTERING, OHIO.

SO THANK YOU SO MUCH FASTER FOR YOUR PATIENCE AND WAITING.

AND CERTAINLY IF YOU WOULD COME TO THE PODIUM, UH, WE CERTAINLY WOULD APPRECIATE THAT.

AND THANK YOU FOR COMING.

THANK YOU SO MUCH FOR INVITING ME.

THANK YOU FOR HAVING ME.

THANK YOU FOR THE ENLIGHTENMENT.

I THOUGHT IT WAS A HARD JOB, JUST FINDING MY WAY AROUND HUBERT, HEIST, BUT REALLY TO NOT TONIGHT, I WAS JUST ENLIGHTENED.

I JUST MOVED TO HUBER HEIGHTS.

DON'T KNOW MY WAY AROUND VERY MUCH, BUT I DIDN'T KNOW ANYTHING ABOUT IT.

AND SO THANK YOU FOR THE ENLIGHTENMENT.

AND IF I COULD, BEFORE I GO ON, I KNOW YOU'RE WALKING AROUND.

I LIKE TO SAY FATHER GOD, IN THE NAME OF JESUS, IT WAS YOU.

THAT BEGAN A GOOD WORK AND FATHER, GOD, IT IS YOU.

THAT WOULD COMPLETE IT.

AND FATHER GOD, I PRAY OVER EVERY ONE IS THEY LEAVE YOUR HEAD, YOUR PROTECTION AROUND THEM.

AND FOR THAT I SAY, THANK YOU IN THE NAME OF JESUS.

NOW, THANK YOU SO MUCH AND WELCOME TO HEBREW HEIGHTS.

THANK YOU FOR YOUR PATIENCE AND WAITING TILL WE FINISHED OUR HEARING.

UH, YOUR PRESENCE IS VERY MUCH APPRECIATED, SO THANK YOU AGAIN SO MUCH.

G AN ORDINANCE TO APPROVE A RESIGNING FROM AGRICULTURAL TO PLANNED RESIDENTIAL AND A BASIC DEVELOPMENT PLAN FOR THE PROPERTY LOCATED ON THE EAST SIDE OF BELL, FOUND A ROAD IN SOUTH OF CHAMBERSBURG ROAD, FURTHER IDENTIFIED AS PARCEL NUMBER P SEVEN ZERO DASH 0 3 9 0 8 DASH 0 1 2 6 ON THE MONTGOMERY COUNTY AUDITOR'S MAP AND ACCEPTING THE RECOMMENDATION OF THE PLANNING COMMISSION AND ZONING CASE TWO ONE DASH FOUR SEVEN AT THE FIRST STREET.

SO NEXT ON THE AGENDA WOULD BE ITEM 11 G MR. ROGERS ITEM 11

[ An Ordinance To Approve A Rezoning From Agricultural To Planned Residential And A Basic Development Plan For The Property Located On The East Side Of Bellefontaine Road And South Of Chambersburg Road And Further Identified As Parcel Number P70-03908-0126 On The Montgomery County Auditor’s Map And Accepting The Recommendation Of The Planning Commission (Zoning Case 21-47). (first reading)]

UH MISCHARGED WITH CALCIUM.

ARE THERE ANY FURTHER COMMENTS THAT YOU HAVE THE SCENE MORE THAN HAPPY TO ANSWER ANY QUESTIONS OR CONCERNS COUNSEL MIGHT HAVE REGARDING THE COMMENTS AND DISCUSSION THAT'S TAKEN TO THEM? THANKS, FRANK.

SO I THINK ONCE DURING THE WORK SESSION, YOU KNOW, I GUESS WE HAD A LITTLE BIT OF DISCUSSION REGARDING THE PUBLIC HEARING AND WHEN THE PUBLIC HEARING WOULD, WOULD TAKE PLACE.

UH, NO, OBVIOUSLY WE FOUND OUT THAT THE PUBLIC HEARING WAS CERTAINLY ADVERTISED AND IT MET THE REQUIREMENTS.

SO WE DECIDED TO MOVE ON WITH THE PUBLIC HEARING THE SAME SAVING.

UH, BUT I THINK AT THE END OF THE, AT THE COUNCIL WORK SESSION, WE DID TALK ABOUT, UH, MOVING ASIDE ITEM ONTO A SECOND READING, POSSIBLY HAVING MORE INFORMATION AND DISCUSSIONS, BE ABLE TO TALK ABOUT ANOTHER WORK SESSION.

UH, CERTAINLY I THINK WITH ALL THE, UM, WITH ALL THE QUESTIONS THAT WERE RAISED TONIGHT, WE HAVE INFORMATION FROM THE DEVELOPER REGARDING TRAFFIC STUDIES AND MORE EPA STUDIES, UH, REGARDING SOME OF THE, UH, THE, THE, YOU KNOW, THINGS THEY'VE DECIDED DUE TO THE BUFFER.

I MEAN, THERE'S LOTS OF OTHER DISCUSSION THAT'S OUT HERE THIS EVENING NOW THAT WE DIDN'T ADDRESS SPECIFICALLY, WE JUST NEED, THOSE ARE THE QUESTIONS.

UH, I CERTAINLY THINK IT'S APPROPRIATE TO MOVE THIS ITEM ONTO ANOTHER READING.

UH, ANOTHER COUNCIL RE UH, MEETING WHERE WE WOULD HAVE ANOTHER OPPORTUNITY TO GET MORE INFORMATION AND DISCUSS IT FURTHER AT A WORK SESSION, UM, BEFORE TAKE ANY VOTE APPROPRIATELY FOR, AGAINST THE SEEDLING.

CAUSE I THINK WE JUST DON'T HAVE THE INFORMATION THAT WE, THAT WE NEED TO, TO APPROPRIATELY DO THAT.

SO THAT WOULD BE MY RECOMMENDATION.

THAT

[02:25:01]

WAS THE RECOMMENDATION OF THE WORK SESSION.

ARE THERE ANY OBJECTIONS TO MOVING THIS ONTO A SECOND READING, UH, AT A, AT A LATER DATE TO DISCUSS FURTHER AT A WORK SESSION? OKAY.

SEEING NO OBJECTIONS, WE WILL MOVE THIS ITEM ON TO A SECOND READING AND THEN WE WILL SEE IT AT THE NEXT WORK SESSION AS WELL.

AND CERTAINLY ALL OF YOU PLEASE FEEL FREE TO COME TO THAT WORK SESSION WHERE WE WILL DISCUSS IT AND HOPEFULLY GET MORE ANSWERS THE QUESTIONS THAT YOU HAVE ON BEHALF OF MYSELF AND COUNCIL.

THANK ALL OF YOU SO MUCH FOR COMING AGAIN.

UM, I KNOW SOMETIMES THIS ISN'T EASY AND EVERYBODY IS PASSIONATE ABOUT WHAT THEY, UH, WHAT THEY BELIEVE, BUT I WILL SAY ALL OF YOU HAVE BEEN EXTREMELY POLITE.

I'VE READ ALL YOUR EMAILS.

UH, IT SOUNDS LIKE EVEN TO THE DEVELOPER THAT YOU DISAGREE WITH A LOT, YOU'VE BEEN EXTREMELY POLITE.

YOU'VE EXTENDED GREAT, UM, OPPORTUNITY TO TALK AND GET TOGETHER.

AND AS THE GOVERNING BODY OF THE CITY, I CAN'T TELL HOW MUCH I APPRECIATE THAT.

I THINK WE ALL HAVE THE SAME DESIRE AND THAT IS TO GROW AND TO GROW.

RIGHT.

SO I, I DO BELIEVE THAT.

AND, UH, SO I JUST WANT TO SAY THANK YOU.

I APPRECIATE IT.

UH, I APPRECIATE ALL OF YOU BEING HERE, UM, TO SPEAK YOUR COMMENTS.

I APPRECIATE ALL THE EMAILS THAT YOU'VE SENT.

I APPRECIATE THE PHONE CALLS, UM, THAT YOU'VE MADE.

AND, UH, I ENJOY TALKING TO EACH AND EVERY ONE OF YOU.

AND AGAIN, I THINK ALL OF YOU KNOW, THAT, UM, THE EARS OF THIS COUNSELOR OPENED AND, UH, WE'VE CERTAINLY, I BELIEVE PROVEN OURSELVES THAT WE'RE WILLING TO LISTEN TO WHAT THE RESIDENTS HAVE TO SAY.

SO THANK ALL OF YOU AGAIN.

UH, I APPRECIATE YOU BEING HERE AND WITH THAT SAID, AND THERE WAS NO OBJECTIONS, WE'LL MOVE THIS ONTO A SECOND READING AND WE'LL DISCUSS IT AT THE WORK SESSION.

PLEASE FEEL FREE TO COME TO THAT.

NEXT UP IS ITEM 11 H

[ A Resolution Authorizing The City Manager To Execute An Agreement With Yard & Company To Update The City’s Comprehensive Development Plan. (first reading)]

ITEM 11 AND A RESOLUTION AUTHORIZING THE CITY MANAGER TO EX EXECUTE AN AGREEMENT WITH YARD AND COMPANY TO UPDATE THE CITY'S COMPREHENSIVE DEVELOPMENT PLAN AT THE FIRST STREET, RIGHT? THE ADDITIONAL COMMENTS.

UH, YES.

THANK YOU, MR. MAYOR, THIS RESOLUTION IS BROUGHT FORTH TO AUTHORIZE THE AGREEMENT WITH YARD GROUP.

UH, IT IS INCUMBENT UPON THE CITY TO UPDATE ITS COMPREHENSIVE PLAN APPROXIMATELY EVERY 10 YEARS SO THAT WE CAN ACCOUNT, UH, ACCURATELY FOR HOW THE CITY IS GROWING AND DEVELOPING.

AND THIS IS A REGULAR SCHEDULED UPDATE TO THE COMPREHENSIVE PLAN, WHICH WE WOULD HAVE PREFERRED TO HAVE UNDERTAKEN EARLIER IN 2021, BUT WE'RE NOT ABLE TO DO SO UNTIL CURRENTLY.

SO WE WOULD ASK THE COUNCIL APPROVED THIS PARTICULAR ITEM SO WE CAN BEGIN OUR WORK WITH THAT YARD AND UPDATE THE COMPANY.

THANKS FOR, I APPRECIATE THOSE COMMENTS.

UM, THEY WORK SETS RECOMMENDATION WAS TO ADOPT ASSIGNMENT SEATING.

IS THERE A MOTION, MR. WEBB, MR. I DON'T HAVE A SECOND.

SECOND MOTION A SECOND.

IS THERE ANY DISCUSSION MR. ROGERS? MR. LYONS? YES.

AND THE MOTION CARRIES EIGHT TO ZERO.

NEXT IS

[ A Resolution Authorizing The City Manager To Execute An Agreement With Community Planning Insights, LLC. (first reading)]

ITEM 11.

I I'M ALIVE AND I A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COMMUNITY PLANNING INSIGHTS, LLC, THE FIRST STREET, BRIAN, ADDITIONAL COMMENTS.

THANK YOU, MR. MAYOR, THIS RESOLUTION WOULD, UH, PROVIDE US AN OPPORTUNITY TO CONTRACT FOR PROFESSIONAL PLANNING SERVICES UNTIL SUCH TIME AS THE CITY CAN APPROPRIATELY FILL IN ITS LEADERSHIP POSITIONS AND BRING THAT FUNCTION BACK.

IN-HOUSE.

ITEM 11, J AN ORDINANCE AUTHORIZING THE VACATION OF HUBER ROAD AND DECLARING AN EMERGENCY AT THE FIRST READING.

THAT WAS THE RECOMMENDATION OF THE WORK SESSION.

IS THERE A MOTION MR. CAMPBELL MOTION TO ADOPT MS. BURCH, IF A MOTION A SECOND.

IS THERE ANY DISCUSSION MR. ROGERS? THIS IS YES.

MR. LANCE MOTION CARRIES EIGHT TO ZERO.

NEXT IS ITEM 11, JAKE

[ An Ordinance Authorizing The Vacation Of Huber Road, And Declaring An Emergency. (first reading)]

UH, RIGHT, PLEASE.

THIS RESOLUTION EMPOWERS THE CITY TO FULFILL ITS PARTNERSHIP OBLIGATION WITH BROAD REACH FOR THE DEVELOPMENT OF THE NORTHEAST CORNER OF TAYLORSVILLE AND OLD TROY PIKE.

THERE ARE PORTIONS OF THE SITE WHICH ARE READY TO DEVELOP IMMEDIATELY AND PASSAGE AS AN EMERGENCY WOULD ENABLE, UH, PORTIONS OF THAT PROJECT COULD BEGIN SOONER RATHER THAN LATER, WE WOULD ASK COUNCIL TO ADOPT THIS RESOLUTION, ASSUMING THIS ORDINANCE AS PRESENTED.

SO, UH, THE RECOMMENDATION OF THE WORK SESSION WAS TO WAIVE THE SECOND READING AND ADOPT THE SIDING.

UH, THIS TIME THIS EVENING.

IS THERE A MOTION THE WAY THE SECOND READING? MRS. BURCH, WAIT THERE A SECOND.

JUST A SECOND.

WE HAVE A MOTION A SECOND TO WAVE THE SECOND READING.

ANY DISCUSSION MR. ROGERS, MR. WEBB? YES.

MR. OTTO JUST LEFT THE ROOM.

MOTION TO WAIVE FAILS.

SO WE WILL MOVE THIS ON TO A SECOND READING AT THE NEXT COUNCIL MEETING.

NEXT UP ITEM 11 L

[ A Resolution Authorizing The 2021 Spending Limits With Vendor Landscape Structures For The Purpose Of Purchasing And Installing Playground Equipment For The City Of Huber Heights. (first reading)]

I'M SORRY.

11 K.

LANDSCAPE STRUCTURES FOR THE PURPOSE OF PURCHASING AND INSTALLING PLAYGROUND EQUIPMENT FOR THE CITY OF HEBREW RIGHTS AT THE FIRST STREET.

ITEM 11, K A RESOLUTION AUTHORIZING THE 2021 SPENDING LIMITS WITH VENDOR

[02:30:01]

AND MR. SCHAKOWSKY ANY COMMENTARY.

OF AN L A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD THE PURCHASE OF AN AERIAL TRUCK.

THIS LEGISLATION EMPOWER STAFF TO PURCHASE TWO SETS OF PLAY EQUIPMENT, ONE FOR THE EICHELBERGER AMPHITHEATER, WHICH IS THE SCHEDULED APPARATUS THAT WE INTENDED TO BUY FOR 2022, BUT ALSO TO PROVIDE FOR THE REPLACEMENT OF THE DAMAGED PLAY STRUCTURE, COMMUNITY PARK AND RECOMMENDATION WAS TO ADOPT THE ITEM THIS EVENING.

IS THERE A MOTION? SO MOVED.

IS THERE A SECOND? MS. BAKER, SECOND MOTION ON A SECOND DISCUSSION.

MR. ROGERS, MS. BAKER, MR. CAMPBELL.

THIS IS BERGE MR. .

AND MOTION CARRIES SEVEN TO ZERO.

AND NEXT WE HAVE ITEM SEVEN.

I'M SORRY.

11 M L OH, THAT'S RIGHT.

I GOT THAT ITEM.

A LOT

[ A Resolution Authorizing The City Manager To Award The Purchase Of An Aerial Truck With Sutphen Towers And Waiving The Competitive Bidding Requirements. (first reading)]

WHAT SUTPHIN TOWERS AND WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AT THE FIRST STREET.

RIGHT.

AS CHIEF, NICELY PRESENTED TO COUNCIL, THIS LEGISLATION AUTHORIZES THE ACQUISITION OF A LADDER TRUCK.

UH, THIS LADDER TRUCK IS BEING PURCHASED THROUGH SOURCE WHILE PURCHASING, UH, COOPERATIVE, UH, WHICH PRE-QUALIFIES VENDORS THROUGH, UH, THE COMPETITIVE PURCHASE PRICING.

SO THAT IS WHY WE'RE ASKING COUNCIL WAIVE THE COMPETITIVE BIDDING REQUIREMENT AS THAT HAS ALREADY OCCURRED THROUGH SOURCE.

WELL, OKAY.

AND, UH, THE RECOMMENDATION AT THE WORK SESSION WAS TO ADOPT THIS EVENING.

IS THERE A MOTION, MR. BERG? IS THERE A SECOND? YES, SIR.

SECOND ONE, MS. BAKER SECONDS.

ANY DISCUSSION ON THE NEW LADDER TRUCK? LET'S RUSH.

THIS IS KITCHEN MR. WEBB.

ITEM 11:00 AM A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT MODIFICATION.

NEXT.

WE HAVE ITEM 1100

[ A Resolution Authorizing The City Manager To Enter Into A Contract Modification With The Aero-Mark Company For The Pavement Markings At Different Locations. (first reading)]

WHAT THE ARROW MARK COMPANY FOR THE PAVEMENT MARKINGS AT DIFFERENT LOCATIONS AT THE FIRST STREET.

THIS RESOLUTION PROVIDES FOR A 300 PLUS DOLLAR MODIFICATION TO THE EXISTING CONTRACT OVER THE $25,000 LIMITS SO THAT WE WORK, UH, THAT IS, UH, REGULAR REOCCURRING WORK WITHIN THE, UH, WITHIN THE CITY FOR PAVEMENT MARKETING.

THAT WAS THE RECOMMENDATION OF THE WORK SESSION.

IS THERE A MOTION PLEASE? MR. OTTO, MOTION TO ADOPT FOR A SECOND.

MR. CAMPBELL SENDING ANY DISCUSSION TO ROGERS.

AND ITEM 11 AND A RESOLUTION AUTHORIZING THE CITY MANAGER TO SOLICIT A REQUEST FOR PROPOSALS FROM QUALIFIED CONSULTING ENGINEERING FIRMS TO PROVIDE A WATER DISTRIBUTION SYSTEM INTEGRITY STUDY AT THE FIRST STREET.

NEXT IS ITEM 11

[ A Resolution Authorizing The City Manager To Solicit A Request For Proposals From Qualified Consulting Engineering Firms To Provide A Water Distribution System Integrity Study. (first reading)]

AND BRIAN, AGAIN, SIR, THIS WAS, THIS LEGISLATION WILL AUTHORIZE, UH, THE, UH, REQUEST FOR PROPOSALS.

UH, WE DO ANTICIPATE HAVING LEGISLATION BACK BEFORE COUNCIL ON THE 28TH OF FEBRUARY TO AWARD THIS PROJECT.

THIS PROJECT IS DESIGNED TO HELP STAFF UNDERSTAND AND IDENTIFY WHY WE CONTINUE TO HAVE ISSUES WITH OUR WATER MAINS AND WAYS, AND MEANS THAT WE MIGHT BE ABLE TO MITIGATE OR REDUCE THOSE.

BRIAN RECOMMENDATION WAS TO ADOPT, IS THERE A MOTION MS. BERG TO ADOPT FOR A SECOND? MR. SHAW, SECOND, RICHARD, I'M GONNA NEED YOU TO JUMP UP AND DOWN OR DO SOMETHING.

I'M GOING TO NEED SOMETHING.

I NEED LIKE ONE OF THOSE AUCTION THINGS I CAN DO THAT.

I GOT ONE.

IF YOU'VE HAD YOUR HAND RAISED, I APOLOGIZE.

I, I CANNOT SEE YOU.

SO WE HAVE A MOTION AND A SECOND, IS THERE ANY DISCUSSION? YES.

MR. WEBB, UH, BRIEFLY A QUESTION FOR BRIAN, BRIAN, UH, ABOUT HOW MANY PLAYERS DO YOU ANTICIPATE, UM, SENDING OUT THIS RFP, UH, AT THIS POINT, THE ENGINEERS IDENTIFIED ABOUT HALF A DOZEN WHO WE BELIEVE HAVE THE CAPABILITY TO RESPOND TO THIS EFFECTIVELY, THE WAY THAT WE DESIRE NOW, WHETHER OR NOT ALL OF THEM WILL REMAINS TO BE SEEN, BUT WE'RE AT THIS POINT ESTIMATED ABOUT HALF A DOZEN.

ANY OTHER, ANY OTHER DISCUSSION? OKAY.

MR. ROGERS, MR. OTTO.

ITEM 11 OH, A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACTOR RA CONSULTANTS, LLC, FOR THE WATER SURVEY PHASE TWO AND WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AT THE FIRST GROUP.

AND NEXT UP IS ITEM 11,

[ A Resolution Authorizing The City Manager To Award A Contract To RA Consultants, LLC For The Water Survey – Phase II And Waiving The Competitive Bidding Requirements. (first reading)]

[02:35:01]

MR. MA, THIS RESOLUTION IS TO PROVIDE FOR PHASE TWO OF OUR SURVEYING, WHERE WE CAN IDENTIFY WATER VALVES AND OTHER PARTICULAR APPARATUS, UH, WITHIN THE, UH, WITHIN THE ORGANIZATION.

SO WE KNOW WHERE TO FIND IT.

UM, MR. SHAW HAD ALSO MADE AN INQUIRY AT THE WORK SESSION ABOUT WHETHER OR NOT INCLUDING METERS AND PHASE TWO WOULD BE WORTHWHILE.

THE ADDITIONAL COST TO DO THAT IS $27,500.

AND AS A RESULT, BASED ON, UH, THE QUOTE THAT WE HAVE, UH, WE WOULD RECOMMEND THAT COUNCIL PROCEED WITH THE ORIGINAL PROPOSAL AS PRESENTED TONIGHT.

RECOMMENDATION WAS ADOPTION.

IS THERE A MOTION MR. SHAWL MOTION TO ADOPT MR. CAMPBELL, SECOND MOTION.

AND A SECOND.

ANY DISCUSSION MR. ROGERS? MR. LYONS? YES.

NEXT UP IS I HAVE A 12, WHICH IS CITY OFFICIAL REPORT AND COMMENTS MAYOR.

BEFORE WE DO CONTINUE TO HAVE A PROCEDURAL QUESTION FOR OUR CLERK.

UM, UH, TONY, WHAT IS THE PROCEDURE FOR A MOTION TO RECONSIDER, UH, FOR AN ORDINANCE, UH, THAT FAILED THIS EVENING? UM, I DON'T KNOW THAT WE HAD AN ORDINANCE THAT FAILED ON THE MOTION THE WAY.

SO IT JUST GOES TO A SECOND READING AUTOMATICALLY BY DEFAULT BECAUSE THE WAIVER FAILED THE MOTION TO WAIVE, SO, AND WAVED FOR AN EMERGENCY.

COULD IT BE BROUGHT UP FOR A VOTE TO JUST WAVE PERIOD TO WAVE THE SECOND READING.

BUT TO HAVE THE EMERGENCY, BUT TO HAVE THE REFERENDUM CONTINUED THE 30 DAY REFERENDUM PERIOD CONTINUE.

WELL, YOU'D HAVE TO, IS THAT WHAT YOU'RE ASKING? YES.

SO IF IT WAS A MANDATE TO REMOVE THE EMERGENCY AND THEN WAIVED YES.

AGAIN, WHAT'S THAT DO NOT ALLOW IT TO BE ADOPTED, BUT WITHOUT THE EMERGENCY CLAUSE TWO WEEKS, I THINK, I THINK IT COULD BE RECONSIDERED AND VOTED AGAINST IT AGAINST IT WOULD HAVE TO MAKE THE MOTION TO RECONSIDER.

AND THEN IT WOULD HAVE TO BE AMANDA TO STRIP THE EMERGENCY CLAUSE FROM THE TITLE AND THE SECTION DEALING WITH THE EMERGENCY, AND THEN IT COULD BE ADOPTED AT THAT POINT.

AND THAT COULD BE DONE HERE TONIGHT, JERRY, WHILE YOU'D ALSO HAVE TO HAPPEN A MOTION TO WAIVE THE SECOND READING A BUNCH OF MOTIONS, BUT YET OKAY.

MR. CHARLOTTE, I HEAR A MOTION COMING.

YES, YOU DO.

UH, I'D LIKE TO MAKE A MOTION TO RECONSIDER THE ORDINANCE ON THE VACATION OF HUMOR ROAD.

ALSO.

I THINK THAT'S THE NEXT MOTION, THE MOTION TO REMOVE THE EMERGENCY CLOSURES THAT HAVE TO BE CLEARED.

THAT WOULD BE ITEM 11 J TO REFERENCE FOR THE MOTION MORE SPECIFICALLY.

SO THE FIRST MOTION WOULD BE A MOTION TO RECONSIDER AND THAT WOULD HAVE TO BE APPROVED BEFORE THE OTHER ONES COULD TAKE PLACE.

SO WE HAVE A MOTION TO RECONSIDER.

IS THERE A SECOND, MR. ROB, SECOND, A MOTION AS A MOTION AND A SECOND TO RECONSIDER.

IS THERE ANY DISCUSSION? YES.

MR. WEB, THANK YOU.

MA'AM UM, COUNCILMAN SHAW, CAN YOU, CAN YOU CLARIFY, UH, THE REASON BEHIND THE, UM, EMOTIONAL RECONSIDER, UH, THAT WAY, UM, THIS CAN BE PASSED HERE TONIGHT AND SHORTEN UP THE TIME PERIOD.

THAT WAY IT DOESN'T HAVE TO GO TO A NOTE, ANOTHER WORK SESSION AND ANOTHER COUNCIL MEETING THAT WAY, THAT TIME PERIOD CAN START NOW INSTEAD OF TWO TO FOUR WEEKS FROM NOW.

AND MR. WEBB, IF I MAY CONTINUE AS I DID OBJECT TO THIS DURING THE WORK SESSION ON THE EMERGENCY CLAUSE, UM, IT IS MY REASONING TO HAVE THIS MOVE FORWARD JUST WITHOUT THE EMERGENCY CLAUSE.

ITEM 11 J TO REMOVE THE ALERT, EMERGENCY CLAUSE FROM THE TITLE AND TO REMOVE SECTION THREE, MR. SHAW, UH, I MAKE THE MOTION AND ADD A RESTATED.

MA'AM OKAY.

ANY OTHER DISCUSSION MRS. KITCHEN? YES.

GOOD MOTION TO RECONSIDER PASSES EIGHT TO ZERO, MR. ROGERS.

UM, OUR NEXT MOTION WOULD BE A MOTION TO AMEND, UH, THE LEGISLATION, THE ORDINANCE TO REMOVE THE EMERGENCY CLAUSE FROM THE TITLE AND ITEM 11 J AND TO REMOVE, I DON'T HAVE THE ORDINANCE IN FRONT OF ME, BUT THE SECTION DEALING WITH, UM, THE EMERGENCY PROVISION, WHICH WILL BE SECTION THREE, SECTION THREE, THE SOUL, THIS EMOTION STILL IS MADE BY SOMEONE WHO WROTE A NOTE PRAYER, OR GETTING TO WORK ON THAT.

SO WE'RE GOOD.

NOW, IS THERE A MOTION AND DOES THAT NOTION TO BE RESTATED OR WAS WHAT TONY SAID ENOUGH FOR THE RECORD? IT WOULD BE TO AMANDA, UM, ITEM 11, J THE ORDINANCE AND

[02:40:01]

SECTION THREE IS OUR STANDARD LANGUAGE THAT OUR DEBTS WOULD TAKE A FACT IN ACCORDANCE WITH THE CITY CHARTER.

SO MOVED THAT IS TONY.

ARE WE SATISFIED FOR THE RECORD THAT THAT'S THAT'S THAT'S APPROPRIATE? YES.

I MAKE THE MOTION AS STATED MIRROR.

IS THERE A SECOND, MR. LYONS? SECOND MOVE A MOTION ON A SECOND.

IS THERE ANY OF THE DISCUSSION MR. CAMERON, BRIAN? YES, SIR.

DOES THAT AFFECT ANYTHING NEGATIVE REGARDING THE PROJECT? UH, I DON'T THINK SO.

THIS IS A SCENARIO THAT WE DID REVIEW WITH THE DEVELOPER, AND THEY'RE AWARE THAT THAT MIGHT BE, THIS MIGHT BE A POTENTIAL OUTCOME OF TONIGHT'S MEETING AND THAT WAS NOT AN ADVERSE OUTCOME FOR THEM.

THANK YOU, MR. ROGERS, MR. WEBB? YES.

MOTION CARRIES EIGHT TO ZERO MORE MOTIONS.

ARE WE DONE WITH THAT? NO.

NEXT WOULD BE TO WAIVE THE SECOND READING ON ITEM 11 JAG, WHICH WAS THE RECONSIDERED ITEM.

DOES THAT NEED TO COME FROM WINDOW? WE'RE STILL GOOD.

IS THERE A MOTION, MR. CAMPBELL? SO MOVE THROUGH A SECOND.

THERE'S YOUR LINES? SECOND MOTION HAS BEEN SECONDED.

IS THERE ANY FURTHER DISCUSSION? OKAY.

MR. ROGERS, MR. SHAW? YES.

MOTION CARRIES SEVEN TO ONE, AND THEN WE WOULD NEED ONE FINAL MOTION TO ADOPT TONY.

DO WE WANT TO, WE HAVE TO READ THE ORDINANCE BY TITLE AGAIN, AND I DON'T KNOW THAT IT'S REQUIRED.

LET'S DO IT JUST AS IT'S SHORT, JUST THE BONUS ROUND.

SO THE NEXT MOTION WOULD BE A MOTION TO ADOPT RECONSIDERED ITEM 11, J WHICH IS AN ORDINANCE AUTHORIZING THE VACATION OF UBER ROAD, DECLARING AN EMERGENCY AT THE FIRST STREET, WHICH NO LONGER HAS THE TITLE AND DECLARING AN EMERGENCY.

MR. OTTO MOTIONS, MOTION TO ADOPT A RECONSIDERED IT AN AMENDED ITEM.

11 J.

AWESOME.

IS THERE A SECOND, MR. SHAW SECOND, ANY DISCUSSION MR. ROGERS? MS. BAKER? YES.

THIS IS KITCHEN, MR. WEBB, MR. SHAW.