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RIGHT.

[00:00:03]

GOOD EVENING EVERYONE, AND

[1. Call The Meeting To Order - Mayor Jeff Gore]

WELCOME TO THE CITY OF HUB HEIGHTS CITY COUNCIL MEETING.

THIS IS A REGULAR SESSION.

TODAY'S DATE IS MAY 8TH, 2023.

WE ARE GETTING STARTED RIGHT AT SIX O'CLOCK.

UH, THIS MEETING IS OFFICIALLY CALLED TO ORDER,

[2. Invocation - Mr. Nick Brusky]

AND NEXT WE HAVE OUR INDICATION, AND THIS EVENING WILL BE THE BY THE MIAMI VALLEY YOUNG MARINE CHAPLAIN, TIM CAHILL.

PLEASE BOW YOUR HEADS.

THE NAME OF THE FATHER, THE SON OF THE HOLY SPIRIT.

AMEN.

ETERNAL FATHER, WE PRAY THAT YOU BLESS US IN THIS MEETING AND KEEP US, LORD, MAKE YOUR FACE SHINE ON US AND BE GRACIOUS TO US.

WE PRAY THAT WE FEEL YOUR PRESENCE DURING THIS MEETING BECAUSE YOU ARE WITH US WHEREVER WE GO.

WE PRAY THAT THIS MEETING FOCUS UPON YOU AND YOUR PLANS FOR US AS A BODY OF BELIEVERS.

AMEN.

FATHER.

AMEN.

SON, HOLY SPIRIT.

AMEN.

[3. Pledge Of Allegiance]

PLEDGE OF THE UNITED STATES OF AMERICA TO THE REPUBLIC STANDS ONE NATION UNDER GOD, INDIVISIBLE.

LIBERTY.

I JUSTICE FOR ALL.

MR. ROGERS.

WOULD YOU CALL THE

[4. Roll Call]

ROLL PLEASE? MR. SHAW? HERE.

MS. BAKER? HERE.

MR. CAMPBELL? HERE.

MRS. BURGE? HERE.

MR. OTTO? HERE.

MR. LYONS? HERE.

MRS. KITCHEN.

HERE.

MR. WEBB? HERE.

MAYOR GORE HERE.

[5. Approval Of Minutes]

NEXT UP IS ITEM NUMBER FIVE, WHICH IS APPROVAL OF MINUTES.

ITEM FIVE A IS CITY COUNCIL MEETING MINUTES FROM APRIL 24TH, 2023.

THOSE MINUTES HAVE BEEN DISTRIBUTED.

EVERYONE SHOULD HAVE HAD A CHANCE TO LOOK AND READ OVER THEM.

IF THERE ARE NO QUESTIONS, CONCERNS, THOSE EVENTS WILL STAND AS APPROVED.

OKAY.

SEEING NONE, THOSE MINUTES ARE APPROVED.

AND NEXT UP IS ITEM

[ National Police Week Mayoral Proclamation Presentation To The Huber Heights Police Division - Mayor Jeff Gore]

NUMBER SIX, SPECIAL PRESENTATIONS AND ANNOUNCEMENTS.

OKAY.

FIRST UP WE HAVE ITEM SIX, A NATIONAL POLICE WEEK, MAYORAL PROCLAMATION PRESENTATION TO THE MEMBERS OF THE HUBER HEIGHTS POLICE DIVISION, UH, INCLUDING POLICE CHIEF MARK LEER BY MAYOR JEFF COR.

GOT CREW TODAY.

YES, WE DID.

GOOD TO SEE YOU GUYS .

SO THIS IS A CITY OF HUB RIGHTS, MAYORAL PROCLAMATION FOR NATIONAL POLICE WEEK.

SO WHEREAS THERE ARE APPROXIMATELY 800,000 LAW ENFORCEMENT OFFICERS SERVING IN COMMUNITIES ACROSS THE UNITED STATES, INCLUDING 54 SWORN MEMBERS OF THE HUB HEIGHTS POLICE DIVISION, AND WE'RE ASKED THEM, 61,000 ASSAULTS AGAINST LAW ENFORCEMENT OFFICERS ARE REPORTED EACH YEAR RESULTING IN APPROXIMATELY 18,000 INJURIES.

AND WE'RE ASKED SINCE THE FIRST RECORDED DEATH IN 1786, MORE THAN 23,000 LAW ENFORCEMENT OFFICERS IN THE UNITED STATES HAVE MADE THE ULTIMATE SACRIFICE AND BEEN KILLED IN A LINE OF DUTY OR DIED OF DUTY RELATED INJURIES, INCLUDING ONE MEMBER OF THE HUMAN RIGHTS POLICE DIVISION.

AND WHEREAS THE NAMES OF THESE DEDICATED PUBLIC SERVANTS ARE ENGRAVED ON THE WALLS OF THE NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL, WHICH WAS DEDICATED IN 1991 IN WASHINGTON DC AND WHEREAS 556 NAMES ARE BEING ADDED TO THE NATIONAL LAW ENFORCEMENT OFFICER'S MEMORIAL THIS SPRING, INCLUDING 224 OFFICERS KILLED IN 2021.

AND WHEREAS THE SERVICE AND SACRIFICE OF ALL OFFICERS KILLED IN THE LINE OF DUTY WILL BE HONORED AND THE NAMES OF THE OFFICERS DULY ENGRAVED THE MEMORIAL WILL BE FORMALLY DEDICATED DURING THE NATIONAL LAW ENFORCEMENT OFFICER'S MEMORIAL FUNDS VIRTUAL CANDLELIGHT VIGIL AND READING OF THE NAMES.

THIS VIRTUAL CANDLELIGHT VIGIL AND READING OF THE NAMES CAN BE USED ANYWHERE IN THE WORLD ON MAY 13TH, 2023.

AND WHEREAS THE VIRTUAL CANDLELIGHT VIGIL IS PART OF NATIONAL POLICE, WHICH TAKES PLACE THIS YEAR ON MAY 13TH, 2023.

AND WHEREAS MAY 15TH, 2023 IS DESIGNATED AS PEACE OFFICERS MEMORIAL DAY WITH FEDERAL LAW PPL 1 0 3 DASH 3 22 DIRECTING THAT ALL FLAGS BE FLOWN AT HALF STAFF ON THE DATE AND HONOR OF FALLEN OFFICERS AND THEIR FAMILIES.

NOW, THEREFORE, I, JEFF GORDON, MAYOR OF THE CITY OF HUBER HEIGHTS, TO HEREBY PROCLAIM MAY 14TH, NO 20TH, 2023 AS NATIONAL POLICEMAN IN THE CITY OF HUBER HEIGHTS AND PUBLICLY SALUTE THE SERVICE OF LAW ENFORCEMENT OFFICERS AND THE HEBREWS COMMUNITY AND IN THE COMMUNITIES ALL ACROSS THE NATION AND WITNESS WHERE OF I APPEAR TO SET MY HAND AND CAUSE THE SEAL, THE CITY OF HEBREW HEIGHTS BE FIXED THIS EIGHTH DAY OF NAME

[00:05:01]

AND THEREFORE LORD 2023.

CHIEF, THANK YOU.

THANK YOU SO MUCH AND THANK YOU EVERYTHING THAT ALL YOUR OFFICERS DO FOR EVERY MEMBER OF THIS COMMUNITY AND SURROUNDING COMMUNITIES WHO ENTER OUR BORDERS EVERY DAY.

THANK YOU.

YEAH.

AS MOST OF YOU, AS MOST OF YOU ALREADY KNOW, UM, THIS IS A WEEK WHERE WE PAY TRIBUTE TO, WE RECOGNIZE, WE ACKNOWLEDGE ALL THE MEN AND WOMEN IN LAW ENFORCEMENT WHO HAVE PAID THE ULTIMATE SACRIFICE.

THEY'VE LOST THEIR LIFE TRYING TO DO, UM, WHAT ALL OF US DO.

AND THAT IS TO MAKE THE PLACE WHERE WE WORK AND WHERE WE LIVE A BETTER PLACE.

UM, BUT NOT ONLY THE ONES WHO PAID THE ULTIMATE SACRIFICE.

BUT I ALSO WANT TO THANK, UH, THE MEN WHO ARE STANDING HERE, THE MEN AND WOMEN ON THE STREET RIGHT NOW IN HUBER HEIGHTS WHO, UM, ARE OUT EVERY DAY, UM, RISKING THEIR LIFE TO MAKE HUBER HEIGHTS A BETTER PLACE TO LIVE AND A BETTER PLACE TO WORK.

SO I APPRECIATE THEM.

I'VE SPENT, BEEN ABLE TO SPEND THE LAST 30 YEARS OF MY LIFE HERE AT THIS POLICE DIVISION.

I'VE MET A LOT OF GREAT, GREAT OFFICERS, UM, AND THESE ARE SOME OF 'EM.

HE'S BEEN HERE ABOUT AS LONG AS I HAVE.

SO I'VE, WE'VE GOT EVERYBODY HERE FROM THE YOUNGEST GUY WHO JUST GOT HIRED ALL THE WAY UP TO THE OLDEST GUY WHO'S BEEN I HAVE.

SO WE'VE GOT, UH, A COUPLE LIEUTENANTS.

WE'VE GOT, WHY DON'T YOU GO DOWN AND, AND INTRODUCE YOURSELF AND JUST TELL THE RANK AND WHAT YOU, WHAT YOU DO.

UH, LIEUTENANT TONY ASHLEY.

I'M OVER THE ADMINISTRATIVE, UH, OPERATIONS OF THE POLICE DIVISION, FLEET BUILDING TRAINING, UH, LIEUTENANT BRIAN CARR, SPECIAL OPERATIONS LIEUTENANT.

SO I AM IN CHARGE OUR DETECTIVE IN OUR PUBLIC AFFAIRS UNIT, SERGEANT DWAYNE HUSH, UM, A ROAD PATROL SERGEANT.

I CHARGE AFTERNOON SHIFT OFFICER KYLE PEREZ, AFTERNOONS PATROL SERGEANT JOSH POS.

I'M OVER THE PUBLIC AFFAIRS.

WE DO THE SOCIAL MEDIA STUFF.

AND THEN, UH, SCHOOL RESOURCE OFFICERS, OFFICER WAER, I JUST TRANSFERRED FROM MY TIME SHIFT PDED PATROL OFFICER AND A LIFELONG RESIDENT HUMAN RIGHTS.

THANK YOU.

THANK YOU FOR YOUR SUPPORT, EVERYONE.

WE APPRECIATE IT.

UM, YOU KNOW, YOU'RE FORTUNATE TO HAVE A, UH, A FINE GROUP OF MEN AND WOMEN OUT HERE PATROLLING THE STREETS IN THIS CITY, SO THANK YOU.

[ Special Recognition Mayoral Proclamation Presentation To J. Keagan Miller, Unit Commander, Miami Valley Young Marines - Mayor Jeff Gore]

NEXT UP WE HAVE ITEM SIX B, SPECIAL REC RECOGNITION, MERRILL PROCLAMATION PRESENTATION TO J KEEGAN MILLER, UNIT COMMANDER MIAMI VALLEY YOUNG MARINES BY MAYOR JEFF COURT, SIR.

OKAY.

SO THIS IS A CITY OF HUB HEIGHTS MARIAL PROCLAMATION FOR SPECIAL RECOGNITION FOR SIGNIFICANT ACHIEVEMENT.

SO WHERE HAS THE CITY OF HUBER HEIGHTS WISHES TO EXPRESS ITS APPRECIATION AND ADMIRATION FOR A VERY SPECIAL INDIVIDUAL WHO IS MOST WORTHY OF THIS HIGHEST MARK OF OUR FAVORITE? AND WHEREAS THE SPECIAL RECOGNITION FOR SIGNIFICANT ACHIEVEMENT IS AN AWARD TO INDIVIDUALS IN THE COMMUNITY WHO HAVE BROUGHT GREAT CREDIT TO THEMSELVES AND HONOR TO THE COMMUNITY BY AN ACHIEVEMENT OF SUCH MAGNITUDE AS TO WARRANT THAT SPECIAL RECOGNITION.

AND WHEREAS THIS HONOR IS RESERVED FOR THOSE INSTANCES WHEN THE CITY OF HUBER HEIGHTS HAS PLACED IN HIGH ESTEEM AS A RESULT OF THE ACCOMPLISHMENTS OF THOSE SELECTED TO RECEIVE THIS AWARD.

AND WHEREAS JAKE KEEGAN MILLER HAS LIVED HIS ENTIRE ADULT LIFE IN SERVICE TO HIS COUNTRY, SERVING THE UNITED STATES MARINE COURT IN AN EXCEPTIONALLY DISTINGUISHED 15 YEAR ROLE AS UNIT COMMANDER OF THE MIAMI VALLEY YOUNG MARINES SERVING AS A POSITIVE ROLE MODEL FOR YOUNG PEOPLE.

AND WHEREAS JAY KEEGAN MILLER DREW HIS LEADERSHIP IN THE MIAMI VALLEY, YOUNG MARINES HAS EMBRACED YOUNG MARINE'S MOTTO OF STRENGTHENING THE LIVES OF AMERICA'S YOUTH AND HAS DEMONSTRATED HIS COMMITMENT TO VOLUNTEERISM BY WORKING RELENTLESSLY TO DEVELOP AND NURTURE YOUNG PEOPLE TO BECOME RESPONSIBLE CITIZENS.

AND ORAS THROUGH JAY KEEGAN MILLER'S LEADERSHIP IN THE MIAMI VALLEY COMPANY RECEIVED NATIONAL RECOGNITION FOR CONSISTENTLY OUTSTANDING ACHIEVEMENTS AND WERE RECOGNIZED AS THE FIFTH YOUNG MARINE DIVISION UNIT OF THE YEAR AND A UNITED STATE COMPETITION.

AND WHEREAS JAY KEEGAN MILLER HAS SERVED IN, SERVES IN A WIDE RANGE OF VOLUNTEER AND PUBLIC SERVICE POSITIONS WITHOUT HIS DISTINGUISHED CAREER TO INCLUDE MIAMI COUNTY VETERANS SERVICE COMMISSION, ADJUVANT OF AMVETS POST 88 IN TROY.

AND AS EXTENT THE MIAMI VALIANT MARINES INFLUENCED BY CREATING PARTNERSHIP WITH THE DEA FAMILIES OF ADDICTS AND MONTGOMERY COUNTY DRUG FREE COALITION.

AND WHEREAS J KEGAN MILLER EXEMPLIFIES THE TRADITIONS OF DEDICATION TO GOD, FAMILY AND COUNTRY, AND POSSESSES A SENSE OF DUTY AND COMMITMENT TO YOUTH THAT SHINES FAR ABOVE ALL STANDARDS OF EXCELLENCE,

[00:10:01]

AND WHICH RECENTLY MERITED AND DISTINGUISHED VOLUNTEER AWARD CONFERRED BY THE NATIONAL YOUNG MARINES HEADQUARTERS, THE HIGHEST POSSIBLE AWARD FOR ANY UN MARINE ADULT VOLUNTEER.

NOW, THEREFORE, I JEFF GORE MAYOR, THE CITY OF HUBER HEIGHTS, OHIO, WE DO HEREBY EXTEND OUR VERY BEST WISHES FOR HEALTH, HAPPINESS, AND CONTINUED SUCCESS.

MR. JAY KEEGAN MILLER, BE IT FURTHER RESOLVED THAT THIS RECOGNITION IS SEALED BY PRESENTING TO THIS HONORED INDIVIDUAL KEYS, THE CITY OF HUBER HEIGHTS.

AS A TOKEN OF OUR SEASONS IN WITNESS WHEREOF, I APPEAR TO SET IN MY HAND AND CAUSE THE SEAL AND THE CITY OF HEBREW HEIGHTS BE AFFIXED AS EIGHT DAY OF MAY, NEAR 2020.

YOU'D I ALWAYS PUT YOU ON THE SPOT.

CERTAINLY THERE'S ANYTHING, OH, DON'T, OKAY, SO HOLD, HOLD ONE SECOND.

NANCY, I THINK YOU, NANCY WANTED TAKE .

I FOLLOWED YOU FROM ON BEHALF OF THE HUBER HEIGHTS COMMUNITY CARES, UM, NONPROFIT.

WE ARE PROUD THAT YOU ARE OUR HOMETOWN HERO.

UM, AND I CANNOT THINK OF ANYONE THAT DESERVES THIS AWARD MORE THAN YOU DO.

AND YOU HAVE DONE SO MUCH FOR NOT ONLY HUBER HEIGHTS, OUR YOUTH, BUT FOR THE MONUMENT VALLEY, AND WE'RE INCREDIBLY PROUD.

YOU'RE VERY WELCOME.

BEFORE WE MOVE ON REAL QUICK, I KNOW THAT, UM, KEEGAN IS FRIENDS AND HAS GREAT RELATIONSHIPS WITH A LOT OF MEMBERS ON THIS COUNCIL, AND, AND I THINK, UH, I'D BE REMISS IF I DIDN'T AT LEAST OFFER THE OPPORTUNITY FOR ANYONE ELSE TO, UM, TO SAY ANYTHING THEY'D LIKE TO.

I DON'T PUT ANYBODY ON THE SPOT, BUT IF THERE ARE ANY COMMENTS THAT ANYBODY ON COUNCIL HAS, UH, FOR KEEGAN, UH, PLEASE GO AHEAD, ANITA.

I AM VERY BLESSED THAT YOU'RE A PART OF THE F FOA FAMILY THAT HAS HELPED AND SUPPORTED US OVER THE YEARS.

WE COULDN'T DO IT WITHOUT YOU GUYS, SO THANK YOU FOR YOUR LEADERSHIP AND EVERYTHING YOU DO TO HELP F FOA.

THANK YOU.

YES, GLENN KING, AND I JUST SAY EXTREMELY WELL DESERVED, AND IT WAS, UM, AN HONOR TO WRITE A RECOMMENDATION FOR YOU FOR THIS.

SO THANK YOU.

ANYONE ELSE? OKAY.

THANK YOU SO MUCH.

AND NEXT UP WE

[7. Citizens Comments]

HAVE ITEM NUMBER SEVEN, TONY FOR CITIZEN'S COMMENT.

UH, FIRST UP WE HAVE MR. JEFF MORFORD.

IF YOU PLEASE COME TO THE PODIUM.

UH, GOOD EVENING.

JEFF MORFORD, MIAMI COUNTY, BETHEL TOWNSHIP, HUBER HEIGHTS IS ELECTED, HAS AN ELECTED CITY COUNCIL.

THE CITY COUNCIL HAS THE OBLIGATION OF GOVERNING THE COMMUNITY AS IT RELATES TO GROWTH, SAFETY, FIRE AND POLICE PROTECTION, DIRECTION OF SCHOOL SYSTEMS, THE ABILITY TO REGULATE WHAT TYPES OF HOUSING, HOW DENSE, WHAT TYPES OF BUSINESSES ARE NEEDED WITHIN THE CITY, AND WHAT TYPES OF BUSINESS ARE NOT A GOOD FIT.

HUBER HEIGHTS IS A STRONG BUSINESS STRUCTURE WITH MANY VARIED MANUFACTURING ESTABLISHMENTS.

HUBER HEIGHTS HAS A LARGE GOODS AND SERVICES NETWORK, LARGE FOOD STORES, LARGE GENERAL MERCHANDISE STORES, LARGE HOME IMPROVEMENT STORES, A LARGE NUMBER OF FAST FOOD STORES, GAS STATIONS, AND ALL THE SMALL BUSINESS BUSINESSES THAT SUPPLY GOODS AND SERVICES THAT THE RESIDENTS NEED AND WANT.

THERE ARE ABUNDANT HEALTHCARE FACILITIES WITH VARIED DOC, VARIED DOCTORS AND DENTISTS, EMERGENCY CLINICS.

HUBER HEIGHTS HAS GROWN OVER THE PAST 40 YEARS.

SOME CONSIDER THE GROWTH AS A GOOD THING, OTHERS HAVE A DIFFERENT OPINION.

HUBER HEIGHTS HAS GROWN TO THE SIZE THAT IT NEEDS TO BE DIVIDED INTO WARDS WITH AN ELECTED REPRESENTATIVE, SO THE LOCAL RESIDENTS HAVE A VOICE.

THERE ARE MANY DECISIONS SLASH VOTES THAT THIS COUNCIL MAKES ON A REGULAR BASIS.

YOUR VOTE AS ELECTED OFFICIALS SHOULD BE A DIRECT REFLECTION OF THE COMMUNITY.

YOUR PERSONAL BELIEFS AND GOALS SHOULD NOT BE TAKEN INTO ACCOUNT.

I'VE HEARD THE LOGIC, IF THE DIRECTION AND VOTE OF THE CITY COUNCIL IS

[00:15:01]

NOW TO YOUR LIKING, COME TO THE MEETING AND LET YOUR VOICE BE HEARD.

ALSO, IF RESIDENTS DON'T COME TO THE MEETING AND VOICE OR OPPOSITION THAN THEY MUST BEFORE THE ACTION, I'VE HAD THE OPPORTUNITY TO GO DOOR TO DOOR ASKING ABOUT DIFFERENT SUBJECTS.

SOME OF THE RESIDENTS ARE COMFORTABLE WITH THE CITY COUNCIL DIRECTION AND ACTIONS.

SOME WERE NOT.

I THEN ASKED, WHY DIDN'T YOU GO TO THE MEETING AND SPEAK YOUR MIND? THE RESPONSE, WHAT CAN I DO? CAN'T FIGHT CITY HALL, CAN'T FIGHT BIG MONEY AND BUSINESS ALONG WITH I HAVE ALL I CAN DO TO GET THROUGH THE DAY WITH KIDS, FAMILY, AND JOB.

MY TIME AND ENERGY ARE LIMITED.

I KNOW YOU ALL ALSO HAVE MANY RESPONSIBILITIES AND A FULL PLATE, BUT IF I MAY SUGGEST, TAKE A PROACTIVE APPROACH RANDOMLY SURVEY 20 OF YEAR WARD RESIDENTS ASK, WHAT DO YOU LIKE ABOUT HUBERT HEIGHTS AND WHAT YOU DON'T? ARE YOU SATISFIED WITH YOUR SCHOOL'S POLICE AND FIRE PROTECTION? THE AVAILABILITY TO GOODS AND SERVICES, TRAFFIC AND CONGESTION CONCERNS, BASIC INFRASTRUCTURE LIKE WATER AND SEWAGE, ADEQUATE GREEN SPACE, THE POPULATION GROWTH.

AND THEN IF YOU WOULD ASK ABOUT THE POSITION ON ANNEXATION OF THE 250 ACRES FOR MIAMI COUNTY AND BUILDING OF 800, 2000 HOUSES, ARE THEY AWARE THE MIAMI COUNTY COMMISSIONERS ARE AGAINST THE ANNEXATION? THE BETHEL TOWNSHIP TRUSTEES ARE AGAINST THE ANNEXATION, LET ALONE THE VAST MAJORITY OF BETHEL RESIDENTS? ARE THEY AWARE OF THE NEGATIVE RAMIFICATIONS ON THE BETHEL COMMUNITY AS IT RELATES TO OUR CHOSEN LIFESTYLE, OUR TRAFFIC, OUR ZONING REGULATIONS, AND MOST IMPORTANTLY, THE BURDEN PLACED ON OUR ONE SCHOOL? THEN PLEASE ASK THEM IF DAYTON COULD COME TO THE CITY OF HUBER HEIGHTS AND OVERRIDE YOUR CITY RULES AND REGULATIONS WOULD BE WELCOMED, I THINK AND HOPE NOT.

PLEASE ALLOW US TO KEEP OUR IDENTITY LIFESTYLE AND GIVE OUR SCHOOLS A BREAK.

THERE NEEDS TO BE LIMITS, A BALANCE OF CITY AND RURAL LIFESTYLE STYLES.

BOTH HAVE THEIR PLACE.

PLEASE BE A GOOD NEIGHBOR AND VOTE NOTE TO ANNEX STATION.

LOOKING AT A MAP OF HUBER HEIGHTS, THERE SEEMS TO BE QUITE A BIT OF AVAILABLE LAND IN OTHER AREAS OF THE CITY.

MR. MORFORD, YOU'RE COMING UP ON YOUR FIVE MINUTES.

PLEASE TELL THE DEVELOPERS, LET'S DEVELOP THE LAND WITHIN OUR CITY BOUNDARIES.

AS ALWAYS, I'LL LEAVE YOU THE GOLDEN RULE, DO UNTO OTHERS AS YOU WOULD HAVE THEM DO UNTO YOU.

THANK YOU.

THANKS FOR YOUR TIME.

SEE YOU NEXT WEEK.

NEXT, UH, WE HAVE MINISTER TODD, A HOLLY SR.

IF YOU PLEASE COME TO THE PODIUM.

UH, GOOD EVENING, UH, HUBER HEIGHTS, CITY MEMBERS AND MAYOR.

UH, GOOD EVENING.

I'M JUST HERE AS A VESSEL, UH, WANTING TO SPREAD THE NEWS OUT.

UH, WE'RE JUST TRYING TO HELP OUT IN THE COMMUNITY.

UH, ANOTHER, UH, CHURCH IS TRYING TO BE A HELP TO THE COMMUNITY OF HUBER HEIGHTS AND OTHER IN MIAMI VALLEY.

I'M GONNA READ THIS STATEMENT, SAU HOUSE OF PRAYER SENDS YOU GREETINGS AND PRECIOUS NAME OF JESUS CHRIST.

WE WOULD LIKE TO EXTEND AN INVITATION TO OUR DRIVE THROUGH PRAYER HELD AT OUR CHURCH AT 5,300 BRANT PIKE, CUBER HEIGHTS, OHIO.

UH, IT'LL BE SATURDAY, MAY 20TH.

THE TIME WILL BE 12 NOON TO 2:00 PM UH, IT'S WONDERFUL TO SEE THE POLICE DEPARTMENT COMING AND, UH, BRINGING FORTH THIS WONDERFUL, UM, UH, UM, AWARDS.

AND WHAT WE DO IS JUST A PRAYER.

WE ALLOWING PEOPLE TO COME, UH, FIRST RESPONDERS, FIRE DEPARTMENT, A POLICE DEPARTMENT, UH, ALL THOSE WHO HAVE, HAVE TO DEAL WITH PUT THEIR LIVES ON THE LINE.

AND WE JUST WANT TO, THEY CAN STAY IN THE CAR.

THEY COME OUT, WE HAVE A WORD OF PRAYER IN THE PARKING LOT.

WE'LL PRAY FOR 'EM WHILE THEY'RE IN THE CAR, LIKE A DRIVE-THROUGH AT WENDY'S DE DEPART, UH, WENDY'S RESTAURANT.

THEY CAN COME IN, WE'LL PRAY AND WE'LL LET THEM GO.

SO WE'RE JUST TRYING TO FIND WAYS TO BENEFIT THE HUBER HEIGHTS AND MY VALLEY AREA, UH, AS A SPIRITUAL WAY OF PROVIDING SPIRITUAL HELP IN TIMES OF NEED.

THANK YOU VERY MUCH.

THANK YOU SO MUCH.

THAT'S ALL.

MAYOR.

ALL FOR TIME.

OKAY.

ITEM NUMBER EIGHT

[8. Citizens Registered To Speak On Agenda Items]

IS CITIZENS THAT ARE REGISTERED TO SPEAK ON AGENDA ITEMS. I HAVE ONE TO SPEAK ON.

ITEM 10 E MAKE A NOTE HERE.

NO, ON 10 WHEN WE GET TO TENNY.

YEAH.

OKAY.

THE NEXT

[9. City Manager Report]

IS OUR CITY MANAGER REPORT, WHICH IS ITEM NUMBER NINE.

BRIAN.

THANK YOU MR. MAYOR.

A COUPLE OF ITEMS

[00:20:01]

FOR, UH, COUNSEL IN THE COMMUNITY THIS EVENING.

UH, FIRST, WANNA LET, UH, MOMS, DADS, GRANDMAS, AND GRANDPAS KNOW THAT, UH, SAFETY TOWN ENROLLMENT IS NOW OPEN.

UH, SPACE IS LIMITED, SO, UH, ANYBODY WITH A KINDERGARTNER WHO MIGHT BE INTERESTED SIGN UP.

UH, TODAY, UH, MORNING AND AFTERNOON CLASSES ARE AVAILABLE.

UH, THE PROGRAM WILL RUN, UH, JUNE 5TH THROUGH THE NINTH, AS WELL AS JUNE 12TH THROUGH THE 16TH.

UH, SAFETY TOWN IS HELD AT THE, UH, VALLEY FORGE ELEMENTARY SCHOOL, UH, AND IS A FUN EDUCATIONAL EXPERIENCE FOR KINDERGARTNERS.

UH, AGAIN, FOR MORE INFORMATION AND TO ROLL, PLEASE CONTACT OFFICER LAMBERT.

UH, HE CAN BE REACHED AT, UH, 2 3 7 5 3 6 7 OR BY EMAIL.

UH, AND THERE IS ADDITIONAL INFORMATION AVAILABLE ON THE WEBSITE.

UM, FURTHER, WANNA MAKE SURE THAT THE COMMUNITY IS AWARE THAT THE DAYTON METRO LIBRARY ON CHAMBERSBURG, UH, CLOSED, UH, BACK ON MAY 6TH TO PREPARE, UH, TO RELOCATE TO THEIR NEW, UH, SPACE AT, UH, 62 43 GRAND PIKE.

UH, THEIR NEW LOCATION, UH, WILL BE 27,000 SQUARE FEET IN THE SECOND LARGEST BRANCH IN THE, UH, METRO LIBRARY INVENTORY.

THERE IS A COMMUNITY CELEBRATION AND GRAND OPENING PLAN FOR JUNE 2ND, AND THE LIBRARY WILL BE OPEN FOR REGULAR BUSINESS BEGINNING MONDAY, JUNE 5TH.

UH, ALSO WANT TO GIVE AN UPDATE ON THE 2022 WATER MAIN PROJECT.

THE SECOND PHASE OF THAT PROJECT BEGAN LAST WEEK, UH, IN THE AREA OF HUBBARD AND HINCKLEY.

UH, THIS WEEK, THE CONTRACTOR WILL BE BORING PORTIONS OF THE WATER MAIN TO MINIMIZE TRENCHING AND INCREASE THE SPEED OF THE PROJECT.

UH, THIS SECTION OF THE PROJECT IS EXPECTED TO LAST ABOUT SEVEN WEEKS.

PHASE THREE OF THE PROJECT, UH, WHICH IS CROOKSTON DRIVE AND PHASE FOUR OF THE PROJECT, WHICH IS THE AREA OF HUBBARD AND ALTAR, UH, ARE FORTHCOMING.

PHASE THREE WILL BEGIN ON OR ABOUT JULY ONE, AND PHASE FOUR IS EXPECTED TO BEGIN ON OR ABOUT AUGUST 15TH.

OUR RESIDENTS WILL RECEIVE NOTICE 48, UH, TO 72 HOURS IN ADVANCE OF THEIR PHASES, ACTUAL START DATE.

SO BE ON THE LOOKOUT FOR THAT.

UH, MORE INFORMATION IS AVAILABLE ON THE CITY'S WEBSITE BY VISITING THE ENGINEERING HOMEPAGE.

UH, IN CLICKING ON THE PROJECT LINKS, SPEAKING OF ENGINEERING, THE WIDENING OF OLD TROY PIKE, UH, IS CONTINUING TO MOVE FORWARD.

UH, THIS FRIDAY, THE CITY WILL BEGIN SOLICITING BIDS FOR ITS PORTION OF THAT PROJECT.

UH, THAT AREA IN QUESTION WILL BE, UH, THE ADDITION OF A NORTHBOUND LANE FROM WHAT WAS HUBERT COURT, UH, NORTH TO THE I 70, UH, EASTBOUND ON-RAMP PORTION OF MERRI LEEWAY WILL ALSO BE WIDENED IN FRONT OF ARBY'S AND MCDONALD'S, UH, TO ACCOMMODATE, UH, TRAFFIC FLOW THROUGH THAT AREA.

THE WIDENING, UH, OF THIS PROJECT IS INTENDED TO, UH, MOVE, UH, VEHICLES FASTER THROUGH THAT PARTICULAR AREA AND TO ACCOMMODATE, UH, THE VARIOUS BUSINESSES IN AND AROUND THAT AREA.

COUNCIL SHOULD EXPECT TO SEE THE, UH, REQUEST FOR AWARD ON THE JUNE 26TH AGENDA.

AND MORE INFORMATION ABOUT THE PROJECT IS AGAIN AVAILABLE ON THE ENGINEERING WEBSITE.

HAPPY TO ANSWER ANY QUESTIONS OR CONCERNS, COUNSEL, MAY I HAVE? THANKS, BRIAN.

ANY QUESTIONS, COMMENTS, SEE US, CLINT? BRIAN? I HAVE A FEW.

UM, FIRST ONE WOULD BE, UH, I'M GONNA SAY IT WAS ROUGHLY A MONTH AGO.

I HAD ASKED FOR, UH, WHAT WAS THE, UH, CURRENT STATUS OF THE BROWN PIKE REVITALIZATION PROJECT OF MARION MEADOWS.

AND YOU HAD SAID THAT YOU WERE GONNA BE BRINGING THAT TO US.

I HAVEN'T HEARD ANYTHING YET.

UH, CORRECT.

WE HAD TALKED ABOUT, UH, PROVIDING A PRESENTATION TO COUNSEL ON THE, UH, AT ONE OF THE TWO WORK SESSIONS IN MAY.

AND SO THAT WAS MY INTENT, WAS TO BRING THAT FORWARD, UH, AT THE NEXT WORK SESSION, DEPENDING UPON, UH, THAT, THAT PROVIDED THAT THE AGENDA WILL ALLOW THAT.

SO, UH, WE ARE BEING RESPONSIVE TO THAT.

JUST TRYING TO BRING ALL OF THE INFORMATION TOGETHER, UH, TO MAKE SURE THAT YOU GET A FULL AND COMPREHENSIVE UPDATE.

OKAY.

THANK YOU.

UM, THE SECOND QUESTION WAS, UH, IN REFERENCE TO THE, UH, THE RECENT FAILURE OF THE TAX LEVY, WHEN WE HAD THE, UH, THE MEETING HERE AT CITY HALL, THE, THE PUBLIC MEETING AND QUESTIONS WERE ASKED ABOUT, UM, POTENTIAL CUTS.

IF, IF THERE WERE FAILURES, UM, YOU HAD RESPONDED THAT WE WOULD BE DISCUSSING THAT AND WE WOULD HAVE THOSE, UM, PUT OUT IF IT FAILED.

UM, WHEN, WHEN DO WE EXPECT TO RECEIVE THOSE? SO WE ARE GONNA BEGIN THE DISCUSSION ABOUT THE SPECIFICALLY IDENTIFIED REDUCTIONS IN SERVICE, BEGINNING AT THE STAFF MEETING ON MAY 16TH.

WE'LL PUT TOGETHER WHAT WOULD BE OUR LIST OF RECOMMENDED CUTS, UH, AND RE SERVICE REDUCTIONS.

AND THEN WE WILL BRING THAT FORWARD TO COUNCIL IN ADVANCE OF THE MEASURE HEADED TOWARDS, UH, THE GENERAL ELECTION IN NOVEMBER.

OKAY.

SO I ASSUME THEN WE COULD BE EXPECTING TO HEAR THAT EARLY JUNE, THEN WE WILL HAVE ALL OF THAT INFORMATION, UH, AVAILABLE AS SOON AS WE CAN GET IT AVAILABLE FOR COUNCIL TO REVIEW AND EVALUATE.

YEAH.

OKAY.

AND THEN LASTLY, JUST AN ITEM OF CURIOSITY FOR WHOEVER COULD ANSWER.

UM, I'VE NOTICED WE'VE HAD A POLICE PRESENCE HERE FOR A COUPLE OF MONTHS DURING MEETINGS.

UM, AND I DON'T KNOW WHY.

COULD, DOES ANYBODY KNOW? IT JUST SEEMS ODD TO ME.

WELL, WHAT I CAN SHARE IS THAT, UM, THERE WAS A CONCERN ABOUT SAFETY AND WE WANTED TO BE ABLE TO ADDRESS THAT CONCERN.

SO, UH, I ASKED THAT OFFICERS BE PRESENT FOR THE FORESEEABLE FUTURE AT THESE MEETINGS UNTIL THE CONCERNS THAT WERE BROUGHT TO MY ATTENTION, UH, WERE NOT

[00:25:01]

CONCERNS ANY LONGER.

SO THAT'S WHY, UH, WE'VE SEEN AN OFFICER IN ATTENDANCE.

OKAY.

THANK YOU.

SURE, NANCY.

UH, TWO THINGS.

UM, AS FAR AS THE, UH, FAILURE OF THE LEVY, UM, WILL THE, SINCE IT WAS LESS THAN 1%, HAVE YOU HEARD ANYTHING ABOUT A RECOUNT OR DO WE HAVE TO WAIT UNTIL AFTER THEY CERTIFY THE ELECTION BEFORE? UM, ANY DISCUSSION OF A RECOUNT HAPPENS, UH, THAT WOULD BE FOLLOWING THE CERTIFICATION OF THE ELECTION.

UH, BUT, UH, AT THIS POINT, WE ARE GOING TO MOVE FORWARD UNDER THE ASSUMPTION THAT E EVEN IF A RECOUNT WERE TO OCCUR, EVEN IF A RECOUNT WERE TO HAPPEN, UH, THE MARGIN WOULD STILL, UH, PREVAIL, UH, FOR THE, UH, UM, OPPOSITION TWO, AND WE ARE PREPARING OUR STRATEGY FOR THE NOVEMBER ELECTION.

OKAY.

AND ANY CUTS THAT OCCURRED WOULD, WOULD HAPPEN AFTER 2025? WELL, THOSE WOULD BE CONVERSATIONAL.

THOSE WOULD BE POLICY AND PROCEDURAL DISCUSSIONS THAT, UH, COUNSEL IS GOING TO, GOING TO NEED TO HAVE.

OKAY.

REMEMBER, OUR INTENT WAS TO GO FORWARD NOW WITH THIS MEASURE SO THAT THE COMMUNITY COULD HAVE, UH, AN OPPORTUNITY TO CONSIDER THE MEASURE AND DO SO WITHOUT, WITHOUT THE THREAT OF SERVICE REDUCTION.

THERE IS TIME FOR THE COMMUNITY TO STILL CONSIDER THIS MEASURE WITHOUT THE LOSS OF SERVICE.

AND WE WANT TO BE MINDFUL AS STAFF AND THE RECOMMENDATIONS THAT WE MAKE TO YOU ABOUT HOW WE PRESENT THIS MEASURE GOING FORWARD.

BECAUSE THE LAST THING, UH, THAT WE AS STAFF WANT TO DO IS TO RECOMMEND A CONDITION, UH, TO COUNSEL, UH, THAT, UM, THAT DOES NOT REPRESENT THE BEST INTERESTS OF THE CITY WITH RESPECT TO SERVICES BEING PROVIDED AND WHEN THOSE SERVICES MIGHT HAVE TO CHANGE.

AND THAT'S WHY WE ARE TRYING TO BE MINDFUL ABOUT THE COMMENTARY THAT WE'RE MAKING AND ABOUT HOW WE ARE PRESENTING INFORMATION ON THE LEVING.

OKAY.

MY LAST QUESTION TO YOU WAS, I'VE RECEIVED A COUPLE EMAILS FROM RESIDENTS THAT LIVE ON HUB ON HUBBARD, AND THEY'RE CONCERNED THAT WHEN THE, UH, WATER MAIN REPLACEMENT OR THE ROAD WORK IS GOING ON, THAT THEY MIGHT BE BLOCKED OUT OF THEIR DRIVEWAYS.

ARE THERE GONNA BE PROVISIONS MADE TO MAKE SURE THAT THEY CAN GET IN AND OUT? EVERY RESIDENT SHOULD BE ABLE TO, UH, ENTER AND LEAVE THEIR PROPERTY AT THEIR LEISURE DURING THE TIME OF CONSTRUCTION WITHOUT SIGNIFICANT OR SERIOUS DELAY.

WE WILL REITERATE THAT TO, UH, ENGINEERING.

AND IF, UH, YOU HAVE ANY CITIZENS WHO CONTACT YOU, UH, ABOUT WITH THAT CONCERN, WE WOULD ASK THAT YOU RELATE TO THEM THAT THEY, THEY DO HAVE, UH, ACCESS TO AND FROM THEIR PROPERTY WITH.

THANK YOU.

SURE.

ANYTHING ELSE? YES.

THANK YOU, MAYOR BRIAN.

UM, I DON'T EXPECT YOU TO HAVE THE ANSWER TONIGHT, BUT, UM, I WAS CONTACTED BY, UH, HUBER RESIDENT ASKING ABOUT, UH, HUBER HEIGHTS POLICE OVERTIME.

UH, THEY WERE GIVING ME INFORMATION, I JUST WANTED TO CHECK, UM, AND, UH, VERIFY OR, UM, I DON'T KNOW IF DEBUNK IS THE RIGHT WORD.

IT DIDN'T SOUND LIKE IT WAS INFLAMMATORY, BUT, UM, HUBER HEIGHTS POLICE, UH, MANDATORY OVERTIME, COULD YOU, UH, GIVE, GIVE ME AN IDEA OF HOW MUCH OVERTIME WE'VE, UH, IS MANDATORY.

THIS IS THE ONES THAT THE POLICE OFFICERS ARE RE REQUIRED TO WORK OVERTIME.

UH, AND THEN JUST A GENERAL IDEA OF HOW MUCH, UH, THAT, UH, WAS DOLLAR AMOUNT LAST YEAR, MAYBE THE LAST COUPLE OF YEARS TO OFFSET.

UH, GIVE ME AN IDEA OF WHAT IT LOOKS LIKE.

PLEASE, WE'LL PUT TOGETHER THE INFORMATION FOR YOU.

SURE.

ANYONE ELSE? YES, RICHARD.

THANK YOU.

UM, BRIAN, UH, A WHILE BACK, UH, WE HAD INQUIRED ON SOME, UH, UH, PRELIMINARY, SO SOIL BORING, UH, TO, UH, REFER TO A, UH, UH, I BELIEVE AN EPA, UH, SOME WORK THAT WAS DONE BY OUR FIRM ON THE, UM, SOIL CORROSION.

DO WE HAVE ANY UPDATES ON THAT? I, I, I BELIEVE WHAT I HEARD FROM YOUR CITY MANAGER REPORT IS WE'RE GONNA BE DOING OTHER SOIL BORINGS.

DO YOU HAVE ANY UPDATES ON THOSE? UH, I DO NOT HAVE AN UPDATE FROM THE ENGINEER, BUT IT'S MY UNDERSTANDING THAT INFORMATION, THE REPORT IS SUPPOSED TO BE AVAILABLE THIS WEEK, BUT I WILL FOLLOW UP WITH THE ENGINEER TOMORROW MORNING AND COMMUNICATE BACK OUT TO COUNSEL, UH, WHAT THAT UPDATE ENTAILS.

PERFECT.

PERFECT.

UM, UH, ADDITIONALLY, MAYOR, UM, I, I WOULD, UH, I WOULD SECOND, UM, COUNCILMAN LYON'S, UH, UH, REQUEST REGARDING A FULL STAFFING UPDATE FROM OUR HUBER HEIGHTS POLICE DIVISION, UH, REGARDING OVERTIME, UM, HOW MANY, UH, WE HAVE, UH, HIRED AND, AND, AND WHAT THEIR STATUS IS.

UM, AND, AND THIRD MAYOR, UM, AND I KNOW THERE'S BEEN SOME DISCUSSION HERE TONIGHT REGARDING THE, UH, FAILED LEVY.

[00:30:01]

UM, I, UH, IT, IT IS MY OPINION, UH, THAT, UH, THE MARKETING FIRM OR TACTICS THAT WAS USED IN THE PREVIOUS, UM, GO AROUND, UH, NOT BE USED AGAIN.

UH, THESE ARE COMMENTS THAT I'VE SHARED WITH THE CITY MANAGER, UH, PRIOR TO THE, UH, UH, THE MOST RECENT LEVY FAILURE.

UM, AND I WOULD LIKE TO MAKE SURE THAT THAT IS A POLICY DECISION MOVING FORWARD, THAT THAT ENTITY HAS NOT USED, UH, THAT, UH, WE FIND OTHER MEANS OF MARKETING AND PROVIDING FACTS TO OUR RESIDENTS.

THANK YOU.

THANKS, RICHARD.

I THINK ONCE THAT TIME COMES, OR ONCE WE HAVE MORE INFORMATION FROM CITY MANAGER, THEN WE CAN CERTAINLY PUT THAT ON WORK SESSION FOR DISCUSSION.

ANYONE ELSE? YES, CLINT.

JUST REAL QUICK, UH, IF, IF, IF, IF NEEDED OR IF IT HELPS, UH, I'VE BEEN, I'VE RECEIVED SIMILAR REQUESTS AS MR. LYONS HAD REFERRED TO CONCERNING THE POLICE DIVISION AND MR. SHAW'S COMMENTS.

SO, YEAH, I, I WOULD JUST JOIN THEM IN, IN THAT REQUEST.

THANK YOU, MAYOR.

YEP.

I THINK IT'S GOOD TODAY AS WELL.

SO, BRIAN, WE'LL LOOK FORWARD TO THAT REPORT.

ANYONE ELSE? OKAY.

NEXT UP IS

[ An Ordinance To Approve A Rezoning From Planned Commercial (PC) To Agriculture (A) For The Property Located Behind And North Of 8101 Old Troy Pike And Further Identified As Parcel Number P70 02025 0012 On The Montgomery County Auditor’s Map And To Accept The Recommendation Of The Planning Commission (Case RZ 23-03). (second reading)]

ITEM 10 UNDER PENDING BUSINESS ITEM 10 A 10 ITEM 10 A.

AN ORDINANCE TO APPROVE A RESOUNDING FROM PLAYING COMMERCIAL PC TO AGRICULTURE, A FOR THE PROPERTY LOCATED BEHIND A NORTH OF 8,101 OLD TROY PIKE, FURTHER IDENTIFIED AS PARCEL NUMBER P 7 0 0 2 0 25 0 12, ON THE MONTGOMERY COUNTY AUDITOR'S MAP.

AND TO ACCEPT THE RECOMMENDATION OF THE PLANNING COMMISSION IN CASE RZ 23 DASH ZERO THREE AT THE SECOND READ.

BRIAN, UH, THANK YOU, SIR.

UH, THIS, UH, PARTICULAR LEGISLATION, UH, WOULD APPROVE THE BASIC DEVELOPMENT PLAN IN REZONING FOR THAT ACREAGE NORTH OF CAMP WORLD AND IMMEDIATELY WEST OF LOWE'S, UH, WITH THE INTENT OF, UH, FOSTERING A CAMPGROUND DEVELOPMENT AT THAT LOCATION.

IT WAS THE RECOMMENDATION THAT THIS ITEM BE ADOPTED THIS EVENING.

DO WE HAVE A MOTION? DONE? SO MOVED, SIR.

A SECOND, ANITA.

SECOND.

WE HAVE A MOTION TO SECOND.

IS THERE ANY DISCUSSION ON THIS ONE? OKAY.

TONY.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. VERGE? YES.

MR. OTTO? YES.

MR. LYONS? NO.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

OKAY.

THE MOTION CARRIES SEVEN TO ONE.

NEXT UP

[ An Ordinance To Approve A Major Change To The Basic Development Plan For The Property Located At 7730 Brandt Pike And Further Identified As Parcel Number P70 02114 0003 On The Montgomery County Auditor’s Map And To Accept The Recommendation Of The Planning Commission (Case MJC 23-07). (second reading)]

IS ITEM 10 B.

ITEM 10 B, AN ORDINANCE TO APPROVE A MAJOR CHANGE TO THE BASIC DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 77 30 BRANT PIKE, FURTHER IDENTIFIED AS PARCEL NUMBER P 70 0 2 1 1 4 0 0 0 3 ON THE MONTGOMERY COUNTY AUDITOR'S MAP TO ACCEPT THE RECOMMENDATION OF THE PLANNING COMMISSION IN CASE MJC 23 DASH ZERO SEVEN AT THE SECOND READING.

BRIAN.

UH, THANK YOU, MR. MARY.

THIS PARTICULAR, UH, LEGISLATION, UH, WOULD ALLOW FOR, UH, THE REZONING OF PROPERTY AND, UH, BASIC SITE PLAN APPROVAL FOR WHAT IS THE FORMER BANK IN FRONT OF WALMART, UH, TO BE CONVERTED INTO A, UH, FLYING ACES CARWASH.

UH, AND IT WAS THE RECOMMENDATION THAT THIS ITEM BE ADOPTED THIS EVENING.

IS THERE A MOTION, NANCY, MOVE TO APPROVE KATE.

SECOND.

YOU HAVE A MOTION.

AND SECOND, IS THERE ANY DISCUSSION, DON? YES, MA.

UH, JUST BRIEFLY, BRIAN, WERE ALL THE COVENANTS, UH, UM, MET FOR WALMART? I KNOW THERE WERE SOME DISCUSSION THAT THEY HAD QUITE A FEW LIMITATIONS ON IT.

UH, TO THE BEST OF MY KNOWLEDGE THEY HAVE, BUT, UH, I WOULD DEFER TO, UH, THE PLANNER, UH, IF HE HAS ANY ADDITIONAL COMMENTARY TO ADD.

SO, UH, UM, THE, THEY ARE WORKING THROUGH THE ISSUES WITH WALMART, UH, BASED ON ONE OF OUR CONVERSATIONS THAT, UM, PATIENT, THAT WILL BE FINE.

UH, IT DOES BLOOD MICROPHONE.

YEAH.

SORRY.

CAN YOU USE THE ONE BEHIND YOU? THIS ONE? YEAH.

YOU GOTTA HIT THE BASE FIRST.

YEAH, I'M NOT SURE.

OKAY.

THERE WE GO.

UM, SO THEY'RE WORKING THROUGH THAT ISSUE WITH WALMART.

THEY HAVE, UH, LOCATIONS.

THEY'VE WORKED WITH WALMART IN THE PAST.

THEY DON'T FEEL THAT THIS WILL BE AN ISSUE.

UH, BUT WHAT I HAVE INSTRUCTED TO THEM IS THAT THEY WILL NOT GO TO THE DETAILED DEVELOPMENT PLAN THROUGH PLANNING COMMISSION UNTIL THOSE COVENANTS HAVE BEEN, UH, MET.

PERFECT.

THANK YOU, SIR.

THANKS, MA'AM.

THANKS, HON.

ANYTHING ELSE? YES, NANCY.

UM, I HAVE A PROCEDURAL QUESTION, AARON.

UM, YOU KNOW, AT THE, UH, PLANNING COMMISSION MEETING, UM, AND I THINK AT THE, AT THE WORK SESSION, UM, THERE WAS SOME CONVERSATION ABOUT SIGNAGE AND A LEFT TURN, UH, LANE FOR BETTER TRAFFIC CONTROL AND A GATE TO CEDAR HILL FURNITURE.

WHY ARE THOSE TYPES OF THINGS NOT INCLUDED IN THE DECISION RECORD SO THAT THEY CAN BE TRACKED LONG TERM? SO THE

[00:35:01]

GATE, UH, AT THE ENTRANCE, UH, ALONG CEDAR HILL IS IN THE DECISION RECORD.

IT IS ONE OF THE, UM, DECISION, UM, IT'S PART OF THE ORDINANCE.

MM-HMM.

, UH, AS A, AS A RECOMMENDATION.

THE OTHER ITEMS WERE MORE, UH, THEY WEREN'T SITE RELATED TO THAT SPECIFIC SITE.

THEY ARE WITHIN THE PUBLIC RIGHT OF WAY.

SO, AND WE ARE GONNA HANDLE THOSE SEPARATELY.

UH, THAT'S ABOUT THE, THE LANE STRIPING ON CEDAR HILL, UH, AND ACROSS THE STREET THAT REALLY IS NOT PART OF THIS PARTICULAR PARCEL.

UM, IT CAME UP AS PART OF THE DISCUSSIONS BOTH HERE AT COUNCIL AND AT PLANNING COMMISSION, BUT IT DOESN'T DIRECTLY AFFECT THE PARCEL IN QUESTION.

OKAY.

THANK YOU SO MUCH.

THANKS, NANCY.

ANYTHING ELSE? OKAY.

TONY.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYONS? NO.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

AND THE MOTION CARRIES SEVEN TO ONE.

THE NEXT UP IS ITEM

[ An Ordinance To Approve A Rezoning From Planned Employment Park (PEP) To Planned Mixed Use (PM) For The Property Located At 7125 Executive Boulevard And Further Identified As Parcel Numbers P70 03190 0080 And P70 03190 0081 And A Basic Development Plan For Parcel Number P70 01820 0003 And Lot #1 And Lot #4 Of The Pride One Subdivision On The Montgomery County Auditor’s Map And To Accept The Recommendation Of The Planning Commission (Case RZ BDP 23-08). (second reading)]

10 C.

ITEM 10 C, AN ORDINANCE TO APPROVE A REZONING FROM PLANNED EMPLOYMENT PARK, P E P, TO PLANT MIXED USE PM FOR THE PROPERTY LOCATED AT 71 25 EXECUTIVE BOULEVARD, FURTHER IDENTIFIED AS PARCEL NUMBERS P 7 0 0 3 109 0 0 8 0, AND P 7 0 0 3 1 9 0 0 0 8 1, AND A BASIC DEVELOPMENT PLAN FOR PARCEL NUMBER P 7 0 0 1 8 2 0 0 0 0 3, AND LOT NUMBER ONE AND LOT NUMBER FOUR OF THE PRIDE ONE SUBDIVISION ON THE MONTGOMERY COUNTY AUDITOR'S MAP TO ACCEPT THE RECOMMENDATION OF THE PLANNING COMMISSION IN CASE RZ BDP 23 DASH EIGHT AT THE SECOND READING.

BRIAN, UH, THANK YOU, MR. MAYOR.

UH, THIS PARTICULAR MATTER WOULD, UH, REZONE, UH, CERTAIN PIECES OF PROPERTY, UH, AS WELL AS PROVIDE FOR BASIC, UH, DEVELOPMENT PLAN APPROVAL, UH, AT THE, UH, LOCATION OF THE LAYMAN FARM, OR A PORTION OF THE LAYMAN FARM, UM, ON THE NORTH SIDE OF EXECUTIVE, UH, TONIGHT.

AND FOLLOW UP TO, UH, COUNSEL'S DIALOGUE AT THE LAST WORK SESSION.

UH, WE HAVE SOME ADDITIONAL INFORMATION, AT LEAST SOME ADDITIONAL CONCEPT DRAWINGS, UH, TO DEMONSTRATE, UH, OUR COMMUNICATIONS WITH THE DEVELOPER ABOUT TRYING TO ACCOMMODATE THE INTERESTS AND, UH, DESIRES OF COUNCIL WITH RESPECT TO, UH, PRODUCT, UH, APPEARANCE, UH, AND, UM, DEMONSTRATION, UH, TO THE PUBLIC.

UH, ALSO WITH US TONIGHT IS A REPRESENTATIVE FROM, UH, THE DEVELOPER TO ANSWER ANY QUESTIONS OR CONCERNS THAT COUNSEL MAY HAVE BEFORE, UH, THE VOTE IS TAKEN.

UH, AND I BELIEVE THAT, UH, THE CLERK HAS SOME INFORMATION TO PROVIDE COUNSEL AS WELL, UH, ON THIS MATTER, UH, COPIES OF THE, OF THE, UH, MATERIAL HERE.

UH, SO WITH THAT BEING SAID, UH, AARON, WOULD YOU, UH, JUST LIKE TO DEMONSTRATE, I THINK, UH, THE, THE NEW MATERIAL THAT CAME IN Y YES.

SO, UH, WE DID GET A LITTLE BIT MORE, UH, MATERIAL AND ADDRESS SOME OF THE CONCERNS THAT WERE EXPRESSED AT THE WORK SESSION.

SO THIS IS THE RENDERING OF THE, UH, THE COMMERCIAL, ONE OF THE, UH, EXCUSE ME, RESIDENTIAL, UH, BUILDINGS THAT WOULD BE BEHIND THE, THE COMMERCIAL AREA.

SO IT DOES HAVE MORE OF THAT MODERN FLARE.

UH, THERE'S ALSO SOME MORE DETAIL ON THE PARKING.

UH, THESE ARE PARKING STRUCTURES THAT ARE, THAT SET BACK TO HELP, UH, PROVIDE A LITTLE, SOME TRANSITION FROM THE COMMERCIAL TO THE RESIDENTIAL, UH, THE, THE, TO THE DENSE RESIDENTIAL, THEN TO THE, THE SMALLER, UH, THE, THE MORE NEIGHBORHOOD TYPE, UH, RESIDENTIAL, UH, IN THE REAR OF THE SITE.

UM, HERE'S ANOTHER PERSPECTIVE, UH, LOOKING BACK.

SO, UH, TOWARDS THE DEVELOPMENT, UH, ALSO THE, UH, THERE'S BEEN SOME SLIGHT CHANGES TO THE ELEVATIONS OF, OF THE, UM, THE BIG HOUSE DESIGN.

SO THE BARN DOORS ARE NO LONGER, UH, THE, ON THE GARAGE DOORS.

THEY'RE MORE OF A TRADITIONAL, MORE CONTEMPORARY GARAGE DOOR FEEL.

UH, AS WE WORK THROUGH THE DETAIL DEVELOPMENT PHASE, WE'RE GONNA WORK WITH THE APPLICANT ON, UM, ON EXTERIOR CLADDING, UH, A LITTLE BIT, UH, TO, TO MAKE THEM A LITTLE BIT, UH, MORE HUBER ESQUE.

UM, UM, BUT THOSE ARE THE, THOSE ARE THE, THE MAJOR CHANGES.

SO, UH, YOU CAN GET A SENSE.

THE OTHER THING, LET ME GO BACK THE WRONG, THE OTHER WAY.

SO, UM, MS. FUR, YOU ASKED ABOUT THE, THE WAY THE, UM, THE TWO RESIDENTIAL, THE TWO 50 UNIT RESIDENTIAL BUILDINGS ARE DESIGNED.

UH, THEY'RE EFFECTIVELY STACKED.

LET ME GO TO, TO THEM.

THEY'RE STACKED TOWNHOUSES.

THERE WE GO.

UH, SO THERE IS, UH, THERE ARE BASICALLY TWO STORIES STACKED ON TOP OF EACH OTHER.

SO, UH, THIS IS WOULD BE A UNIT, UH, AND THEN THERE WOULD BE A SECOND UNIT ABOVE.

UH, IN THERE IS DRIVE-IN PARKING, UH, UNDERNEATH, UH, EACH OF THE BUILDINGS, UH, EACH OF THE SORT OF A TANDEM PARKING AS WELL AS COVERED PARKING.

UM, ON THAT, THOSE

[00:40:01]

ACCESSORY BUILDINGS, UH, THEY DO HAVE A, SO, UH, THESE ARE ON THE END CAPS ARE SINGLE STORE, UH, SINGLE FLOOR UNITS.

THE OTHERS ARE TWO STORY, UH, TOWNHOUSES.

AARON? YES.

IS THAT BASICALLY THIS, ESSENTIALLY? YES, THAT IS IT.

OKAY.

YEP.

THANK YOU.

UM, THE, OUR CONVERSATION WITH THE DEVELOPER THAT WE HAD WEDNESDAY MORNING, UH, AFTER THE, AFTER THE WORK SESSION WAS POSITIVE.

UM, I THINK HE UNDERSTANDS, UH, COUNSEL'S DESIRES, UH, AS FAR AS MAKING THIS A CONTEMPORARY, UH, DEVELOPMENT AS WELL AS FULFILLING THE, THE DESIRE OF THE, UH, COMMUNITY ENTERTAINMENT DISTRICT AND, UH, SHOOTING FOR, UH, KIND OF A YOUNGER DEMOGRAPHIC.

UM, GOT A LITTLE BIT OF, OF WORK TO DO ON THE EDGES, BUT I'M CONFIDENT THAT, THAT WE CAN MAKE THIS WORK.

MM-HMM.

, THANKS, AARON.

OKAY.

SO IS THERE A MOTION? AND, AND THE DEVELOPER IS HERE, IF YOU WOULD LIKE TO HEAR FROM HIM.

SO WE'LL GET TO THAT POINT.

THEN THERE'S DISCUSSION.

SO IS THERE A MOTION, I'LL MAKE THE MOTION NANCY, MOVE TO APPROVE MARK SECOND.

YEP.

WE HAVE A MOTION AND A SECOND.

SO NOW THAT'LL BE TIME FOR DISCUSSION.

AND ANDREW, IF YOU WOULD, IF YOU'D COME UP TO THE PODIUM.

SO IF THERE IS ANY QUESTIONS FOR YOU, THEN YOU'LL BE THERE TO ANSWER 'EM AND WE'LL GET TO ABSOLUTELY.

OKAY, NANCY, UM, ERIN, I HAVE TO ASK YOU, SINCE THAT IS QUITE A, UM, QUITE A CHANGE FROM THE ORIGINAL, UM, PLAN THAT WAS PRESENTED TO THE PLANNING COMMISSION, IS IT, I DON'T WANNA SAY SAFE, BUT I CAN'T THINK OF ANOTHER WORD FOR US TO GO AHEAD AND APPROVE THE BASIC DEVELOPMENT PLAN, KNOWING THAT WE HAVE THESE CHANGES THAT THEY HAVE BROUGHT TO US TODAY? IT IS, YEAH.

WHEN WE, THE, THE APPROVAL THROUGH THE PLANNING COMMISSION, THE DISCUSSION THAT WE HAD WITH THE PLANNING COMMISSION WAS REALLY ABOUT THE, THE REZONING FROM PLANNED EMPLOYMENT TO PLANNED, UH, MIXED USE.

UH, AND THEN SECONDLY ON THE BASIC DEVELOPMENT PLAN WAS REALLY ABOUT MORE ABOUT DENSITY.

SO THE DENSITY DOES NOT CHANGE.

THERE'S STILL 300 UNITS, AS WELL AS MAKING SURE THE ACCESS POINTS ARE ALIGNED WITH THE, UM, WITH THE EXISTING ACCESS POINTS ALONG EXECUTIVE BOULEVARD.

UH, WE WERE, I WAS, OR AT LEAST I TRIED TO BE VERY UPFRONT THAT, UH, WE THOUGHT THAT THE DETAILS WOULD CHANGE AS THIS PROJECT EVOLVED, BUT WE WERE UNDER A PRETTY TIGHT TIMELINE FOR, TO GET TO CLOSING, AND THAT THE DEVELOPER WAS REALLY JUST LOOKING FOR, UH, DENSITY ENTITLEMENTS AS WELL AS ACCESS POINTS.

UH, AND THAT WE WOULD GET TO SORT OF A, A MORE OF A DETAILED DISCUSSION ABOUT SITE PLAN LAYOUT AND, UH, ELEVATION DESIGNS.

GREAT.

THANK YOU FOR YOUR, UM, FLEXIBILITY.

SURE.

YEAH.

THANK YOU.

YEAH, WE'RE LOOKING FORWARD TO IT.

I APPRECIATE THAT.

MM-HMM.

, ANY OTHER QUESTIONS OR COMMENTS? DON, I'LL JUST MAKE A BRIEF COMMENT.

ELECTRIC, CONGRATULATIONS DEVELOPER, UH, ON COMING FORTH WITH THE REVISED CONCEPT PLAN SO QUICKLY.

I REALLY DO FEEL LIKE THIS IS MORE OF, UH, WHAT OUR INTENT WAS WITH THAT.

OKAY.

PARCEL.

SO, UH, AGAIN, MY CONGRATULATIONS AND THANKS FOR, UH, MOVING, UH, SO QUICKLY ON THIS.

ANYTHING ELSE, MARK? YEAH, I'D LIKE TO TAKE THE OPPORTUNITY TO THANK THE MAYOR AND COUNCILMAN SHAW, UH, AT THE WORK SESSION.

UM, YOU GUYS HAVE VO VOICED YOUR, UH, OPINION OF WHAT HAD BEEN PROPOSED, AND BECAUSE OF THAT, THIS IS WHAT WE SEE TONIGHT.

AND TO THE DEVELOPER, I, I APPRECIATE YOU EXPEDITING THIS AND, AND GETTING THE, UH, IMAGES RIGHT AND, AND ALL THE DUE DILIGENCE.

UH, BRIAN, HOW DO YOU FEEL ABOUT THIS? UH, I THINK THIS IS A GOOD PROJECT.

I THINK IT, UH, IS A GOOD BALANCE OF, UH, WHAT IT IS, UH, THE COUNCIL WANTED.

I THINK IT'S A GOOD BALANCE OF WHAT THE MARKET'S GONNA BEAR, AND I THINK IT REALLY SUPPORTS, UH, COUNCIL'S ABILITY, THE CITY'S ABILITY, UH, TO MOVE FORWARD WITH WHAT IT'S LOOKING TO DO, WHICH IS TO INCREASE THAT, UM, BAR, RESTAURANT, TAVERN VIBE.

BUT ALSO, UH, AS YOU LOOK TO THE EAST OF THIS SITE, REMEMBER THERE'S STILL ADDITIONAL ACREAGE, UH, ON THE LAYMAN FARM TO DEVELOP.

AND I THINK IT PUTS, UH, BOTH THE DEVELOPER IN THE CITY IN A GOOD POSITION TO BE ABLE TO PIVOT, UM, IN THE ABILITY THAT, THAT THIS, UM, RESIDENTIAL DEVELOPMENT AND THEN THE ONE IMMEDIATELY TO THE WEST, MR. VIC CASEY'S PROJECT, UM, IF THAT PROVIDES A DRAW FOR MORE COMMERCIAL, I THINK THAT, THAT THIS OVERALL LAYOUT DESIGN GIVES US, UH, THE BEST OF BOTH WORLDS, UM, IN EITHER CONTINUING RESIDENTIAL OR PIVOTING TO, UH, TO FUTURE COMMERCIAL AND RETAIL.

SO I, I, I'M VERY HAPPY WITH THE PLAN.

THANK YOU, RICHARD.

[00:45:02]

THANK YOU, MAYOR.

I DO WANT TO, UH, THANK YOU FOR LISTENING TO THE CONCERNS AND ADDRESSING THEM.

AS COUNCILMAN CAMPBELL SAID, IN A RAPID FASHION, I DO STILL BELIEVE OUR PLANNING COMMISSION HAS A GREAT, UH, TASK AHEAD OF THEM WHEN IT COMES TO THE DETAILED DEVELOPMENT PLAN.

AND, UM, I KNOW MYSELF, ALONG WITH OTHER COUNCIL MEMBERS MAY BE IN ATTENDANCE TO THOSE MEETINGS.

UH, JUST MAKING SURE THAT WE'RE GONNA GET FROM POINT A TO POINT B SUCCESSFULLY, AS STATED IN PREVIOUS MEETINGS, WE HAVE ONE SHOT AT THIS ONE SHOT TO GET IT RIGHT.

THERE IS NO REDO, THERE'S NO MAGIC ERASER.

IT'S GONNA TAKE THIS AND REDO IT.

UM, THIS IS, UH, A REALLY A, A STAR AND HIGHLIGHT OF OUR COMMUNITY NEAR THE ROSE MUSIC CENTER AND EXECUTIVE OF WHAT MANY OF US ON COUNCIL HAS SEEN THE HEIGHTS TO BE FOR SOME TIME.

UM, MY HOPE IS THAT, UH, YOU WILL TAKE OUR CONCERNS TO COMMUNITY'S CONCERNS AND ADDRESS THEM APPROPRIATELY IN THIS DESIGN.

UM, AS FAR AS THE BASIC DEVELOPMENT PLAN, UH, THAT YOU'RE ASKING FOR HERE TONIGHT, UM, AND THE REZONING, UM, THIS, UH, THIS WILL GET MY SUPPORT, UH, AND HOPE THAT, UH, WE STILL HAVE CONTINUING DIALOGUE IN THE FUTURE TO MAKE THIS A SUCCESSFUL VENTURE.

THANK YOU, MAYOR.

THANKS, RICHARD.

ANYTHING ELSE FOR ANDREW? IF THERE'S ANYTHING YOU'D LIKE TO OR SAY, I APPRECIATE HEARING FROM YOU.

I APPRECIATE, UH, THE COMPLIMENTS.

YEAH, WE, WE PUSHED DEFINITELY TO TURN THIS AROUND QUICKLY, UM, BUT I THINK THEY DID A GOOD JOB.

YOU KNOW WHAT I'LL SAY, JUST TO ECHO, UM, AARON'S POINT AND, AND KIND OF ADDRESSING YOURS AS WELL.

UM, WE DO ANTICIPATE THAT WE'LL GET INTO THE DETAILS, AND THERE ARE DETAILS TO BE FIGURED OUT HERE.

I MEAN, WHAT THEY'VE SHOWN IN TERMS OF THE NEW BUILDINGS AT THE FRONT, I THINK FROM A MASSING STANDPOINT, A CONCEPTUAL STANDPOINT IS RIGHT ON.

I THINK IT'S THE RIGHT APPROACH.

I THINK EVERYONE'S HAPPY WITH IT, BUT ARCHITECTURALLY, YOU KNOW, THE, THE DETAILS, THE MATERIALITY, IT'S ALL GOTTA WORK TOGETHER.

IT'S GOTTA BLEND THE TWO PRODUCTS, THE FRONT, THE FRONT, THE BACK, UM, AND, AND THERE'S A LITTLE BIT OF A VARIETY OF, OF, OF MAYBE TOO MUCH VARIETY AS SHOWN RIGHT NOW.

SO WE'RE GONNA WORK THROUGH THAT AND, AND, UH, UM, THAT'S, THAT'S DEFINITELY WHAT WE ANTICIPATE.

YES.

MARK, ONE FINAL DETAIL, BRIAN.

UM, WHEN THE OTHER DEVELOPER HAD, UH, ASSIGNED THIS TO THE NEW DEVELOPER, WE HAD EXTENDED THE PROCESS, CORRECT.

ARE WE ON SCHEDULE AND COULD YOU GIVE US A TENTATIVE CLOSING? SO AT THIS POINT, UH, OUR AGREEMENT, IT REQUIRES US TO CLOSE ON OR BEFORE, UH, MAY 15TH.

UH, MY UNDERSTANDING IS WE ARE, UH, ON SCHEDULE TO DO THAT.

ALL THE APPROPRIATE DOCUMENTS, IF THEY ARE NOT, HAVE NOT BEEN PREPARED, THEY ARE BEING PREPARED.

UH, AND WE WILL BE ABLE TO EXECUTE, UH, THIS TRANSACTION ON TIME, ON SCHEDULE.

AND, AND APPROXIMATELY HOW MANY ACRES ARE THEY PURCHASING, AND APPROXIMATELY HOW MANY ACRES WILL THAT LEAVE? SURE OF THE, THE CITY ORIGINALLY, UH, ACQUIRED THE LAYMAN FARM, WHICH WAS 52 ACRES, PLUS OR MINUS, UH, IN ROUND NUMBERS OF THE 52 WE SOLD FOR THE PURPOSES OF SIMPLE MATH, UH, TWO ACRES TO, UM, UH, TO SHEETS ON THE SOUTHEAST CORNER OF THE SITE.

UH, SO THAT WOULD LEAVE US 50.

UH, AND THEN OF THE 50, THERE IS APPROXIMATELY 17 ACRES PART, UH, OF THIS SALE.

SO THAT WOULD, UH, LEAVE US WITH, UH, APPROXIMATELY 33, UH, ACRES LEFT, UH, TO CONTINUE TO DEVELOP IN SOME WAY, SHAPE, OR FORM, WHETHER OR NOT AN EXTENSION OF, OF THIS, UM, MIX OR WHETHER OR NOT TO PIVOT TOWARDS A MORE COMMERCIAL RETAIL.

SO WE STILL HAVE A SUBSTANTIAL AMOUNT OF THE PROPERTY LEFT, UH, TO, TO WORK THROUGH, TO DEVELOP, UH, TO MAKE SURE THAT, UH, WE CONTINUE TO DO A GOOD JOB AND, AND BE A GOOD STEWARD OF, UH, OF COUNCIL'S INVESTMENT AT THIS LOCATION.

THANK YOU.

ANYTHING ELSE? OKAY.

THANK YOU SO MUCH.

UH, TONY.

MRS. BURCH? YES.

MR. OTTO? NO.

MR. LYONS? NO.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MOTION CARRIES SIX TO TWO.

AND NEXT UP WE HAVE ITEM

[ An Ordinance To Approve A Rezoning From General Office (O-1) To Commercial (B-1) For The Property Located At 6740 Brandt Pike And Further Identified As Parcel Number P70 00705 0001 On The Montgomery County Auditor’s Map And To Accept The Recommendation Of The Planning Commission (Case RZ 23-09). (second reading)]

10 D, ITEM 10 D IN ORDINANCE TO APPROVE A REZONING FROM GENERAL OFFICE OH ONE TO COMMERCIAL B ONE FOR THE PROPERTY LOCATED AT 67 40 BRANT PIKE, FURTHER IDENTIFIED AS PARCEL NUMBER P 70 0 0 7 0 5 0 0 0 1 ON THE MONTGOMERY COUNTY AUDITOR'S MAP, AND TO ACCEPT THE RECOMMENDATION OF THE PLANNING COMMISSION IN CASE RZ 23 DASH NINE AT THE SECOND READING.

RIGHT.

UH, THANK YOU, SIR.

THIS PARTICULAR REZONING WOULD, UH, EMPOWER THE REUSE OF AN, UH, A VACANT BUILDING, UH, VACANT OFFICE BUILDING, UH, TO BE REPURPOSED FOR, UH, A LAUNDRY FACILITY.

IT WAS A RECOMMENDATION AT THE WORK SESSION THAT THIS ITEM BE ADOPTED THIS EVENING, AS IT WAS.

IS THERE A MOTION, NANCY, MOVE TO ADOPT KATE? SECOND.

WE HAVE A MOTION.

AND SECOND, IS THERE ANY DISCUSSION? I HAVE A QUESTION.

AARON.

DID THE, UM, APPLICANT EXPRESS ANY DESIRE TO PUT ANY, UM, DRY CLEANING MACHINES IN THERE? UH,

[00:50:01]

NO.

AND I WAS SPECIFIC THAT THAT'S NOT SOMETHING, ONE, IT'S NOT PERMITTED THERE.

UM, AND TWO, UM, WE WOULD NOT LOOK FAVORABLY ON THAT.

WE'RE DEALING WITH THE DRY, UH, THE, THE, UM, EFFECTS OF A, OF A DRY CLEANER DOWN THE STREET, UH, AND WE DIDN'T WANT TO PERPETUATE THAT FOR THE NEXT GENERATION.

WELL, THANK YOU FOR ASKING THAT QUESTION.

APPRECIATE IT.

ANY OTHER DISCUSSION? TONY? MR. OTTO? YES.

MR. LYONS? NO.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURCH? YES.

MOTION CARRIES SEVEN TO ONE AND NEXT IS

[ A Motion To Refer Case RZ BDP 22-35 Back To The Planning Commission For Additional Review And Recommendation Regarding A Rezoning To Planned Industrial (PI) And A Basic Development Plan For The Property Located At The Southeast Corner Of Technology Boulevard And Artz Road And Further Identified As Parcel Number P70 03903 0007 On The Montgomery County Auditor’s Map.]

ITEM 10 E.

ITEM 10 E A MOTION TO REFER CASE R Z B D P 2235.

BACK TO THE PLANNING COMMISSION FOR ADDITIONAL REVIEW AND RECOMMENDATION REGARDING A REZONING TO PLANNED INDUSTRIAL P AND A BASIC DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TECHNOLOGY BOULEVARD IN ARTS ROAD, AND FURTHER IDENTIFIED AS PARCEL NUMBER P 73 9 0 3 0 0 0 7 ON THE MONTGOMERY COUNTY AUDITOR'S MAP.

BRIAN, ADDITIONAL COMMENTS? UH, YES, MR. MAYOR, IF, UH, COUNSEL WILL RECALL, UH, THIS, UH, PARTICULAR PROJECT IS, UH, FOR A, UM, A, UH, TRACTOR TRAILER FACILITY.

AND, UH, THERE WAS DISCUSSION ABOUT, UH, THE EXISTING PLAN, WHICH WAS APPROVED BY THE PLANNING COMMISSION AND RECOMMENDED TO THIS BODY, UH, WHICH WAS A, UH, SMALLER USE FOOTPRINT.

UH, AND THEN THERE WAS DISCUSSION AT THIS, UH, LEVEL REGARDING A LARGER FOOTPRINT AND, UH, FURTHER DISCUSSION FROM CITY COUNCIL, UH, INDICATED THERE MIGHT BE A DESIRE TO REMAND THIS ISSUE BACK TO, UH, THE PLANNING COMMISSION.

UH, AND THIS PARTICULAR ITEM IS IN RESPONSE TO THAT DISCUSSION, THERE WAS NO RECOMMENDATION ON ACTION, UH, FOR THIS ITEM AT THE WORK SESSION.

THANK, THANK YOU, BRIAN.

UH, SO AS I RECALL, THERE WERE A COUPLE DIFFERENT OPTIONS.

UH, MAYBE AS, AS YOU STATED, UH, THE WAY THAT IT IS SET RIGHT NOW CAN, WHICH WAS THE SMALLER OF THE TWO OPTIONS, UH, COULD BE, COULD BE VOTED ON AS IT IS, OR THERE COULD BE A RECOMMENDATION TO SEND THIS BACK TO PLANNING COMMISSION TO HAVE THEM LOOK AT THE, UH, LOOK AT THE PLAN FOR THE LARGER, UH, LOT THAT WAS PRESENTED TO US.

SO THAT WOULD BE THE SECOND OPTION.

AND THEN, UH, THE THIRD OPTION WOULD BE TO, UM, TO MAKE A MOTION TO, TO APPROVE THE LARGER LOT AS IT STANDS WITHOUT SENDING IT BACK TO PLANNING COMMISSION.

BUT SINCE THAT WOULD BE A MAJOR CHANGE TO WHAT THE RECOMMENDATION FROM PLANNING COMMISSION WAS, UH, THAT WOULD TAKE A SUPER MAJORITY OF VOTE TO APPROVE.

SO THOSE ARE WHAT THE THREE OPTIONS CURRENTLY ARE, AND I WILL LEAVE THAT TO COUNSEL TO MAKE RECOMMENDATIONS ON, ON HOW YOU WANT TO PROCEED.

GLENN? UH, PERSONALLY, I THINK WE COULD, UM, I'D BE OKAY WITH ANY OPTION AT THIS POINT, PUSHING IT THROUGH AS A SMALLER PACKAGE, SENDING IT BACK TO PLANNING COMMISSION FOR A LARGER PACKAGE OR, UM, OR IF, OR SOME WOULD PREFER TO PULL IT ALL TOGETHER.

MY, MY CONCERN RIGHT NOW IS FOR MR. DUSA AND HIS TEAM WHO HAVE BEEN IN AND OUTTA HERE SINCE JANUARY, AND I THINK THAT'S FAR TOO LONG.

UM, I GOT TO PERSONALLY HAVE THE FEELING THAT THERE MAY BE SOME MEMBERS OF COUNCIL WHO JUST DON'T LIKE TRUCKING TYPE ACTIVITIES, WHICH IS FINE.

THERE'S NOTHING WRONG WITH THAT, BUT IF THAT'S THE CASE, I WOULD LIKE THAT TO, YOU KNOW, JUST MAKE THAT KNOWN AND, AND WE CAN MOVE ON AND NOT DO IT.

I JUST, I HATE TO SEE, UH, MR. DUCEN AS PEOPLE BEING, THIS IS TIME AND MONEY FOR HIM.

UM, THEY'VE BEEN BACK AND FORTH AND BACK AND FORTH AND WE'VE ALREADY GOTTEN A, AN APPROVAL FROM THE PLANNING COMMISSION ONCE, UM, AND WE CONTINUE TO DEBATE IT.

NOW WE'RE TALKING ABOUT SENDING IT BACK TO THE COMMISSION.

UM, AGAIN, UH, WHATEVER WAY WORKS FOR MOST I'M FINE, BUT I THINK WE NEED TO MAKE A CON A DECISION SOON AND, UH, AND MOVE IT THIS FORWARD AS QUICK AS WE CAN BECAUSE I THINK, UH, HE'S BEEN MORE THAN PATIENT WITH US.

GLENN, I APPRECIATE THE COMMENTS AND, UH, AND I DO, I DO AGREE WITH YOU A HUNDRED PERCENT, NANCY.

OH, HOLD ON.

MR. OKAY.

AND MR. DU IS HERE AS WELL FOR ANY COMMENTARY OR ANY QUESTIONS? NOPE, HE WAS.

OKAY.

OKAY.

UM, SO AS WE GET THROUGH THE DISCUSSION THEN WE'LL, WE'LL INVITE YOU TO SPEAK AS WELL.

OKAY.

UM, I GUESS I'M CONCERNED ABOUT SENDING IT BACK TO, UH, PLANNING COMMISSION BECAUSE OF THE, UM, CAPACITY CHANGE.

THE MAJORITY OF COUNCIL CONCERNS WERE VOICED ABOUT THE OPERATION OF THE BUSINESS, NOT THE SIZE OF THE BUSINESS.

UM, AND AARON, ONCE AGAIN, UNLESS I MISSED IT, UM, WHY WASN'T THE PLANNING COMMISSION'S OPPOSITION OVERNIGHT STAYS BY DRIVERS NOT INCLUDED IN THE DECISION RECORD? BECAUSE THE ORIGINAL, UM, APPLICATION STATED THAT THERE WOULD NOT BE ANY, UH, OVERALL, UH,

[00:55:01]

OVERNIGHT STAY.

IT DIDN'T EVOLVE TO, UH, A LINE IN THE LETTER UNTIL THIS LAST LETTER THAT WE RECEIVED.

SO IT WASN'T AN ISSUE, UM, BECAUSE IT WAS EXPRESSED IN THE APPLICATION, THERE WOULD NOT BE OVERALL OVERNIGHT STAYS.

AND SO, UH, EX I GUESS I DIDN'T THINK IT WAS AN ISSUE, AND IT WASN'T DURING THE DISCUSSION WITH PLANNING COMMISSION, IT WAS EXPRESSED AGAIN THAT THERE WOULD NOT BE OVERNIGHT STAYS.

OKAY.

UH, AND SO THAT'S, I THINK IT IS WHY IT MOVED FORWARD.

I THINK IF, UH, NOT TO SPEAK FOR THE PLANNING COMMISSION, BUT MY GUT TELLS ME IF OVERNIGHT STAYS WERE INCLUDED, IT PROBABLY WOULD NOT MOVE FORWARD OUT OF PLANNING COMMISSION.

OKAY.

THANK YOU SO MUCH.

ANY OTHER DISCUSSION? OKAY.

WELL, SOMEONE NEEDS TO MAKE A RECOMMENDATION.

WE HAVE THREE OPTIONS ON THE TABLE HANDLE THIS.

PROCEDURALLY, THERE'S A MOTION THAT WAS READ, WHICH WAS TO REFER IT BACK TO THE PLANNING COMMISSION.

OKAY.

SO THERE WOULD NEED TO BE A FIRST AND SECOND ON THAT.

YOU'D HAVE TO DISPENSE WITH THAT MOTION OKAY.

IN SOME WAY.

SO, UM, THAT'D BE THE FIRST ACTION THAT WOULD BE TAKEN.

AND MR. DUC IS HERE TO SPEAK, SO IF YOU'D LIKE TO COME TO THE PODIUM AND THEN HAVE IT, UH, ADDRESS.

GOOD EVENING.

YOU GUYS.

UM, YOU'VE TOUCHED ON A LOT OF THINGS.

I DO WANT TO CLEAR UP OR JUST GET A CLARIFICATION.

I SEE AN F THERE WAS THAT MR. MAYOR, WAS THAT, I'M SORRY, YOU, YOU HAD LISTED LIKE THREE OPTIONS THERE AND IT SEEMED LIKE, WAS THAT, WAS OPTION F THERE ONE OF YOURS? OR HOW ARE WE GONNA PROCEED THROUGH? SO THIS FIRST OPTION, WHAT'S THE LEGISLATION THAT'S, THAT'S ON? AND THE REASON THAT I HAD TALKED ABOUT MAKING A RECOMMENDATION WAS JUST BECAUSE OF THE WORK SESSION, THERE WAS NO SPECIFIC RECOMMENDATION, BUT THIS IS THE LEGISLATION THAT WAS PROPOSED A WHILE AGO.

OKAY.

SO THAT, SO, SO WE HAVE TO DEAL WITH THE LEGISLATION HERE AS, AS WE SEE IT.

SO THE OPTION IS EITHER TO, UH, THIS IS TO RECOMMEND A MOTION TO SEND IT BACK TO PLANNING COMMISSION FOR THE, I'M ASSUMING FOR THE LARGER, FOR THE LARGER LOT SPACE, IF SOMEONE MAKES A MOTION, UM, AND SECONDS ON THIS ONE, AND THAT WOULD FAIL, THEN IT WOULDN'T GO BACK TO THE PLANNING COMMISSION THEN WOULD BE LEFT WITH, UH, SOMEONE TO MAKE A MOTION TO EITHER APPROVE THE LEGISLATION THE WAY IT WAS PRESENTED THE FIRST TIME, WHICH IS THE SMALLER SIZE.

OR SOMEONE CAN MAKE UP A, MAKE A MOTION TO APPROVE IT AS LAST DISCUSSED, WHICH IS THE LARGER SIZE.

IF IT'S THE LARGER SIZE, THAT IS A MAJOR CHANGE FROM WHAT PLANNING COMMISSION APPROVED, AND THAT'S WHAT WOULD REQUIRE A SUPER MAJORITY VOTE.

SO THAT'S, THOSE ARE THE THREE OPTIONS.

BUT THE FIRST ONE, SENDING IT BACK TO PLANNING COMMISSION TO GET THE LARGER SIZE APPROVED IS THE, UH, IS THE LEGISLATION THAT'S ON THE AGENDA BEFORE US.

THAT'S WHAT WE HAVE TO DEAL WITH FIRST.

OKAY.

SO IF YOU GUYS MAKE A DECISION ON E, DO WE GO TO F? YEAH, THEN WE GO TO F WE STILL GO TO F DEPENDING ON WHAT THE OUTCOME OF THAT, THEN WE HANDLE THE OTHER ONE IN A DIFFERENT WAY.

SO, ALL RIGHT.

AND I, I GUESS, I MEAN, I'M, WE'RE WILLING TO DO WHATEVER IT IS THAT YOU GUYS NEED US TO DO.

AND, AND YOU ASKED THE QUESTION ABOUT THE DIFFERENCE, WHY WASN'T IT IN THERE? IT WAS BECAUSE YOU GUYS HAD HAD COME UP WITH SOME ISSUES THAT YOU HAD WITH IT.

SO, AND WE WERE ASKED TO COME UP WITH A LARGER VERSION.

AND, AND SO, AND THERE WAS SOME OTHER QUESTIONS.

SO WHEN I CAME BACK WITH THE LETTER, I BROUGHT THOSE THINGS UP AND THAT'S WHY WE'VE COME UP WITH A DIFFERENCE.

AND I THINK THERE'S SOMEWHAT OF A TECHNICALITY HERE OF WHAT, WELL, THAT'S NOT WHAT WAS APPROVED.

SO MAYBE WE HAVE TO GO BACK AND I, I, I'M OKAY WITH GOING BACK.

I THINK ONLY THING I WOULD REQUEST AT THIS POINT IS THAT WE, IF WE COULD, COULD WE BE SPECIFIC OF WHAT THEY'RE ACTUALLY, IT'S NOT OPEN UP THE WHOLE THING FOR THEM TO REVIEW AGAIN, I DON'T THINK UNLESS YOU GUYS WANT 'EM TO, AND IF IT'S JUST ONE THING, IF IT'S JUST THE SIZE, THEN FINE.

IF IT'S THE SIZE AND SECURITY, THEN STATE EXACTLY WHAT IT IS BECAUSE THEY ALREADY PASSED IT A HUNDRED PERCENT LAST TIME.

UM, I'M, I'M WILLING TO GO BACK AND THAT'S THE ONLY THING I REQUEST IS IF, IF WE CAN STATE WHAT IT IS THEY'RE GONNA REVIEW.

YEAH.

AND I THINK THAT WOULD BE, UM, YOU KNOW, AS, AS THE MOTION WOULD BE MADE, IF THE MOTION IS MADE ON E IT COULD BE VERY SPECIFIC TO WHAT IS BEING REVIEWED.

AND I BELIEVE WE WERE, HAVE BEEN PRETTY SPECIFIC THAT IT WAS JUST THE SIZE THAT WAS WHAT WAS DISCUSSED AFTER THE ORIGINAL APPROVAL WAS THE SIZE.

SO THAT WOULD BE MY OPINION, WHAT'S BEING ADDRESSED.

BUT IN THE MOTION, IF A MOTION'S MADE AND SECONDED TO SEND THOSE BACK, THAT'S WHAT I THINK WOULD NEED.

WE'LL CLARIFY THAT JUST TO BE, TO BE SURE.

OKAY.

OKAY.

UM, ARE YOU HAVE A QUESTION? I DO.

MR. DUC, I KNOW THAT, UM, AND I REALLY TRULY APPRECIATE THIS.

THERE'S BEEN A LOT OF CONVERSATION UP

[01:00:01]

HERE AND A LOT OF BACK AND FORTH WITH YOU AND I FEEL LIKE YOU'VE, YOU KNOW, REACHED ACROSS THE FENCE TO KIND OF, YOU KNOW, MAKE SOME WAY THERE TO GET THE PROJECT DONE.

DO YOU PERSONALLY HAVE A PREFERENCE ON THE, THE INITIAL PRESENT PRESENTED SIZE OR THE, THE EXPANDED FOOTPRINT THAT SUMMIT HAD REQUESTED EARLY? YEAH.

YES, I DO.

AS I SAID IN THAT LETTER, THE SECOND ONE, OBVIOUSLY THE WAY WE'RE GONNA GET OUR RETURN IS TO BE ABLE TO HAVE SPACES TO RENT.

SO THE MORE WE CAN HAVE, WE HAVE THE LAND FOR IT, BUT WE WERE KIND OF ADVISED WHEN WE ORIGINALLY STARTED OUT, LET'S NOT TAKE OUT TOO MUCH AND WE CAN ALWAYS GO BACK IF WE FIND THE THINGS IN A SU A SUCCESS.

SO SURE.

I WOULD PREFER THAT WE, EVEN IF WE HAVE TO GO THROUGH THE PROCEDURE BACK THERE TO GO THROUGH IT AGAIN, I, WE CAN LI I CAN LIVE WITH THAT, BUT NO, THE MORE VEHICLES WE HAVE FOR THAT OPTION, YEAH, IT'LL COST US A LITTLE BIT MORE TO DEVELOP THE REST OF THAT SITE AT ONE TIME.

BUT THE COST WON'T BE AS, UH, MUCH WE'LL HAVE A BETTER RETURN TO, TO, TO, TO REACH THAT.

SO WE, THAT'S THE WAY WE WOULD FEEL ABOUT IT.

OKAY.

MAYOR, COULD I, UH, CAN I MAKE A MOTION AT THIS TIME TO, UM, RECOMMEND, UH, REFERRING THIS CASE BACK TO THE PLANNING COMMISSION? SURE.

IT'S A MOTION.

IS THERE A SECOND, ANITA? SECOND.

WE HAVE A MOTION AND A SECOND ON ITEM 10 E, WHICH IS TO REFER THE CASE BACK TO PLANNING COMMISSION AND I WILL STATE FOR THE LARGER SIZE BECAUSE THAT IS THE ONLY REASON IT WOULD GO BACK TO PLANNING COMMISSION.

DON, DO YOU HAVE ANOTHER QUESTION? UH, FOR A QUESTION? YES, MA'AM.

YES.

UH, I WOULD LIKE TO ASK, UH, AARON, IF HE COULD GIVE US A BRIEF SYNOPSIS OF WHAT EXACTLY YOUR UNDERSTANDING IS THAT WE ARE ASKING PLANNING COMMISSION TO DO.

SO WHAT, WHAT WE ARE ASKING PLANNING COMMISSION TO DO IS REVIEW A, A NEW BASIC DEV, UH, DEVELOPMENT PLAN AND REZONING THAT WOULD HAVE, I BELIEVE, 32 SEMI PARKING SPACES, UH, OR 31 AS OPPOSED TO I BELIEVE 12, UH, ALONG WITH THE REQUIRED, UH, AUTOMOBILE PARKING FOR THE COMMERCIAL.

THAT'S REALLY THE ONLY CHANGE.

UH, I MAY, UH, SEE IF, UH, IF MR. DUSO WANTS TO DO THEN A, A COMBINED DETAILED AND BASIC TO SAVE TIME.

HOWEVER, UNTIL THE SEWER, UH, EXTENSION IS COMPLETED, UH, HE CAN'T GET A SEWER TAP ANYWAY, SO, UM, UM, SO THIS, THIS WON'T COME ONLINE, AT LEAST THE COMMERCIAL PART UNTIL, AT BEST CASE, THE END OF THE YEAR.

OKAY.

THANK YOU, YOUR HONOR.

THANK YOU, MA'AM.

OKAY, THANKS DON.

UH, I'LL ASK ONE LAST TIME BEFORE WE, UH, ANY OTHER DISCUSSION YOU HAVE.

MOTION IN A SECOND.

ANY OTHER DISCUSSION? OKAY, ATTORNEY.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? NO.

MR. OTTO? YES.

OKAY.

SO THE MOTION TO REFER BACK TO THE PLANNING COMMISSION CARRIES SEVEN TO ONE AND

[ An Ordinance To Approve A Rezoning To Planned Industrial (PI) And Basic Development Plan For The Property Located At The Southeast Corner Of Technology Boulevard And Artz Road And Further Identified As Parcel Number P70 03903 0007 On The Montgomery County Auditor’s Map And Accepting The Recommendation Of The Planning Commission (Case RZ BDP 22-35). (third reading)]

ACTUALLY UP IS ITEM 10 F ITEM 10 F IN ORDINANCE TO APPROVE A REZONING TO PLAN INDUSTRIAL PI AND BASIC DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TECHNOLOGY BOULEVARD AND ARTS ROAD AND FURTHER IDENTIFIED AS PARCEL NUMBER P 7 0 0 3 903 0 0 0 7 ON THE MONTGOMERY COUNTY AUDITOR'S MAP AND ACCEPTING THE RECOMMENDATION OF THE PLANNING COMMISSION IN CASE RZ BDP 22 DASH 35 AT THE THIRD READING.

OKAY, SO THIS ONE WE WOULD JUST TABLE THIS AND OR, SO WHAT WE WOULD NEED TO DO TO DISPENSE WITH IT NOW WOULD BE TO HAVE A MOTION TO POSTPONE ACTION UNTIL THE RESULTS OF THE PLANNING COMMISSION REVIEWER RETURNED AND THEN COUNSEL WOULD REVIEW, VISIT THIS CASE AT THAT TIME.

OKAY.

MOTION TO POSTPONE ANYONE? DON.

SO MOVED.

WE HAVE A MOTION, ANITA.

SECOND.

WE HAVE A MOTION TO SECOND TO POSTPONE ACTION ON ITEM 10 F UNTIL FURTHER INFORMATION FROM THE PLANNING COMMISSION IS RECEIVED.

ANY DISCUSSION? OKAY.

TONY, MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

AND MOTION CARRIES EIGHT TO ZERO TO POSTPONE ACTION.

NEXT UP IS

[ A Motion To Appoint Lee Cromer To The Property Maintenance Review Board For A Term Ending December 31, 2026.]

ITEM 11 UNDER NEW BUSINESS.

OKAY, ITEM 11, ITEM 11 A.

A MOTION TO APPOINT LEE CRAMER TO THE PROPERTY MAINTENANCE REVIEW BOARD FOR TERMINATING DECEMBER 31ST, 2026 TODAY.

DO YOU HAVE ANY OTHER, UH, UH, THIS WAS THE RECOMMENDATION OF THE CITY'S INTERVIEW PANEL.

UH, THE HUMAN RESOURCES BACKGROUND CHECK HAS BEEN COMPLETED AND BE THE RECOMMENDATION OF STAFF THE COUNSEL ACT ON THIS MOTION THIS EVENING.

UH, WAS THE RECOMMENDATION, IS THERE A MOTION, RICHARD? MOTION TO APPOINT.

IS THERE A SECOND? GLENN? SECOND.

YOU HAVE A MOTION TO SECOND ANY DISCUSSION? OKAY.

TONY.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE?

[01:05:01]

YES.

MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MOTION CARRIES EIGHT TO ZERO.

AND NEXT WE

[ A Resolution Waiving Huber Heights Softball Baseball Association Field Lease Fees For Calendar Year 2023. (first reading)]

HAVE ITEM 11 B.

ITEM 11 B, A RESOLUTION WAIVING HUBER HEIGHTS, SOFTBALL BASEBALL ASSOCIATION FIELD LEASE FEES FOR CALENDAR YEAR 2023 AT THE FIRST READING.

BRIAN? UH, THANK YOU, SIR.

UH, THIS PARTICULAR MATTER, UH, WOULD WAIVE THE, UH, THE LEAGUE'S, UH, FEES THIS YEAR FOR, UH, CAPITAL IMPROVEMENT INVESTMENTS THEY MADE, UH, OUTSIDE THE SCOPE OF THEIR LEASE.

UH, LAST YEAR.

IT WAS THE RECOMMENDATION THAT COUNCIL ADOPT THIS ITEM THIS EVENING.

YES, IT WAS, IS THERE A MOTION MARK? MOTION TO ADOPT.

HEY, SECOND.

WE HAVE A MOTION AND A SECOND.

ANY DISCUSSION? OKAY.

TONY.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MR. WEBB? YES.

AND MOTION CARRIES EIGHT TO ZERO.

AND

[ A Resolution Authorizing The City Manager To Enter Into An Agreement To Provide Insurance Coverage For General Liability, Property, Boiler And Machinery, Inland Marine, Automobile, Crime, Law Enforcement Liability, Public Officials' Liability, And Other Necessary Insurance Coverage For The City Of Huber Heights, Ohio, Waiving The Competitive Bidding Requirements, And To Cover The Costs Of Services Ordered By The City. (first reading)]

NEXT IS ITEM 11 C.

ITEM 11 C, A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PROVIDE INSURANCE COVERAGE FOR GENERAL LIABILITY PROPERTY, BOILER AND MACHINERY, INLAND MARINE AUTOMOBILE CRIME, LAW ENFORCEMENT LIABILITY, PUBLIC OFFICIALS LIABILITY, AND OTHER NECESSARY INSURANCE COVERAGE FOR THE CITY OF HUBER HEIGHTS, OHIO, WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND TO COVER THE COSTS OF SERVICES ORDERED BY THE CITY AT THE FIRST READING.

BRIAN? UH, THANK YOU, SIR.

UH, THIS PARTICULAR, UH, MATTER PROVIDES FOR, UH, A, AN EXTENSION OF OUR CURRENT POLICY.

WHILE WE, UH, WAIT FOR OTHER FIRMS TO QUOTE COVERAGE, UH, WE WOULD ASK THE COUNCIL ADOPT THIS ITEM THIS EVENING.

THAT WAS THE RECOMMENDATION FROM THE WORK SESSION.

YOUR MOTION MARK? MOTION TO ADOPT SECOND DON.

I WILL SECOND WE HAVE A MOTION IN THE SECOND.

ANY DISCUSSION? RICHARD? THANK YOU, MAYOR.

UM, BRIAN, CAN YOU PROVIDE AS MUCH INFORMATION AS POSSIBLE WAS TO WHY THERE IS A DELAY IN THIS, UH, WHEN THIS COVERAGE IS SET TO EXPIRE IN THREE DAYS? UH, IS IT JUST THE MARKET IS ARE WE ASKING FOR NEW INFORMATION BECAUSE WE'VE BEEN USING THE SAME VENDOR? RIGHT.

SO THIS ISN'T ABOUT OUR VENDOR.

OH MY GOSH, I SHOULDN'T SAY THAT.

THE, UM, WHAT HAPPENS IS THE INSURANCE PROVIDERS ARE CONSTANTLY REQUIRING OR ASKING THAT WE UPDATE THE INFORMATION WITH MORE SPECIFICITY OVER WHAT IT IS THAT, UM, OVER WHAT IT IS THAT WE'RE INSURING.

SO FOR INSTANCE, UH, IN THIS PARTICULAR INSTANCE, UH, ONE OF THE THINGS THAT, UH, TWO OF THE THINGS THAT HAVE CAUSED THE DELAY, UH, THEY HAD SOME QUESTIONS ABOUT, UM, UH, OUR IT INFRASTRUCTURE AND OUR SECURITY AND SOME OF THOSE THINGS.

SO WE HAD TO GIVE THEM SOME MORE DETAILED INFORMATION ABOUT THAT.

UH, AND THEN THERE WAS SOME ADDITIONAL TRAINING, UH, UH, EXERCISE, EXCUSE ME.

THERE WAS SOME ADDITIONAL TRAINING, UH, THAT THE FIRE DEPARTMENT WANTED TO PUT IN PLACE.

AND SO THERE WERE SOME ADDITIONAL, UH, TECHNICAL DETAILS THAT THEY WERE LOOKING FOR.

SO THEY WOULD ASK, WE WOULD ANSWER, THEY WOULD ASK SOME MORE QUESTIONS, WE WOULD ANSWER.

AND SO THERE'S A LOT OF FOLLOW UP AND, AND, AND DEVIL IN THE DETAIL.

AND BECAUSE THEY'RE CONTINUING TO ASK FOR MORE DETAIL, THAT'S WHAT PUSHES THESE TIMEFRAMES TO, TO CONSTRAINT.

AND THEN WHEN THAT'S JUST WHAT ONE INSURANCE AGENCY IS ASKING FOR, LET ALONE, YOU MIGHT, YOU KNOW, THREE OR FOUR DIFFERENT INSURANCE AGENCIES ARE ASKING LIKE, AND SIMILAR QUESTIONS AND IN SOME WAYS, UH, ASKING EVEN MORE DETAILED.

SO THAT'S WHY THIS PROCESS IS TAKING SO LONG IN PARTICULAR, EVEN WITH OUR OWN INSURANCE CARRIER.

SO I I I'M GOING TO ASSUME, UH, NOT BEING AN INSURANCE AGENT OR FROM THE WORLD, UH, WE'RE, WE'RE BUYING PRETTY MUCH A, A TWO MONTH GAP COVERAGE, UH, UNTIL WE GET QUOTES BACK FOR AN ANNUAL COVERAGE.

AM I CORRECT? THAT IS CORRECT.

THAT IS CORRECT.

THANK YOU.

ANY OTHER DISCUSSION? TONY? MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MOTION CARRIES EIGHT TO ZERO.

[ A Resolution Authorizing The City Manager To Execute A Lease For 6015 Brandt Pike. (first reading)]

NEXT IS ITEM 11 D, ITEM 11 D A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR 6 0 1 VI GRANT PIKE AT THE FIRST READING.

BRIAN COMMENTS? UH, THANK YOU.

AS COUNSEL WAS BRIEFED IN AN EXECUTIVE SESSION AT THE WORK SESSION, THIS PARTICULAR MATTER PROVIDES FOR, UH, A NEW LEASE FOR TENANT AT, UH, THE CR DAYTON PROPERTY.

IT WAS A RECOMMENDATION THAT THIS ITEM BE ADOPTED THIS EVENING.

THERE A MOTION, NANCY, MOVE TO ADOPT ANITA.

SECOND.

WE HAVE A MOTION ON A SECOND.

ANY DISCUSSION? OKAY, MR. CAMPBELL? YES.

MRS. VERGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MOTION CARRIES EIGHT ZERO.

AND

[ An Ordinance Establishing The ARPA First Responders Grant Fund. (first reading)]

NEXT IS ITEM 11 E.

ITEM 11 E IN ORDINANCE.

ESTABLISHING THE ARPA FIRST RESPONDERS GRANT FUND AT THE FIRST READING.

BRIAN? UH, THANK YOU SIR.

UH, WE, UH, AS THE CITY WERE RECIPIENTS OF ARPA FIRST RESPONDER GRANT, UH, FUNDS.

AND, UH, AS A CONDITION OF THAT, UH, RECEIPT, UH, WE ARE REQUIRED TO ESTABLISH THIS FUND FOR TRACKING PURPOSES.

IT WAS THE RECOMMENDATION THAT THIS ITEM BE ADOPTED THIS EVENING.

[01:10:03]

IT WAS ACTUALLY PASS, OH, I'M SORRY.

UH, I'M SORRY.

MY APOLOGIES.

UH, THAT THIS ITEM BE MOVED TO A SECOND.

READING A OBJECTIONS TO A SECOND READING, FACING THE OBJECTIONS.

WE'LL MOVE THIS ON TO A SECOND READING.

AND NEXT IS ITEM

[ An Ordinance Amending Ordinance No. 2007-O-1687 Regarding Certain Limitations In Accepting Cash Sureties To Be Deposited In The #802 Cash Surety Fund. (first reading)]

11 F.

ITEM 11 F AN ORDINANCE AMENDING ORDINANCE NUMBER 2 0 7 DASH SHOWED 1 16 87 REGARDING CERTAIN LIMITATIONS AND ACCEPTING K SURETY TO BE DEPOSITED IN THE NUMBER 8 0 2 CASH SIR FUND AT THE FIRST READING.

BRIAN COMMENTS? UH, YES SIR.

UH, THIS PARTICULAR MATTER, UH, EMPOWERS THE CITY TO DO BUSINESS IN A MORE VERSATILE WAY.

IT WAS THE, UH, RECOMMENDATION AT THE WORK SESSION THAT THIS ITEM BE PASSED TO A SECOND READING? YES.

WAS ANY OBJECTIONS TO A SECOND READING OKAYING DONE? WE'LL MOVE THIS ON TO ITS SECOND READING AS WELL.

NEXT UP IS ITEM 11 G.

[ An Ordinance Authorizing Transfers Between Various Funds Of The City Of Huber Heights, Ohio And Amending Ordinance No. 2022-O-2562 By Making Supplemental Appropriations For Expenses Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2023 And Ending December 31, 2023. (first reading)]

ITEM 11 G, AN ORDINANCE AUTHORIZING TRANSFERS BETWEEN VARIOUS FUNDS OF THE CITY OF HUBER HEIGHTS, OHIO, AND AMENDING ORDINANCE NUMBER 2022 DASH OH DASH 25 62 BY MAKING SUPPLEMENTAL APPROPRIATIONS FOR EXPENSES OF THE CITY OF HUB RIGHTS OHIO FOR THE PERIOD BEGINNING JANUARY 1ST, 2023 AND ENDING DECEMBER 31ST, 2023 AT THE FIRST READING.

COMMENTS, BRIAN? UH, THANK YOU, SIR.

UH, ONLY THAT, UH, THIS PARTICULAR PIECE OF LEGISLATION, UH, IT WAS ASKED THAT THE SECOND READING BE WAIVED AND THAT THIS ITEM BE ADOPTED THIS EVENING.

IS THERE A MOTION TO WAIVE THE SECOND READING? NANCY? I HAVE MOVED TO WAIVE THE SECOND READING FOR A SECOND.

KATE, SECOND.

YOU HAVE A MOTION.

AND SECOND TO WAIVE THE SECOND READING.

IS THERE ANY DISCUSSION TONY? MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYONS? NO.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MOTION TO WAIVE CARRIES SEVEN TO ONE.

AND NEXT WE NEED A MOTION FOR ADOPTION.

NO.

SO MOVED.

IS THERE A SECOND? NANCY? SECOND.

YOU HAVE A MOTION TO SECOND FOR ADOPTION.

IS THERE ANY DISCUSSION NOW TONY? MR. OTTO? YES.

MR. LYONS? NO.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURCH? YES.

AND A MOTION TO APPROVE IS ALSO PASSED SEVEN TO ONE.

AND NEXT IS

[ A Resolution Authorizing The City Manager To Enter Into An Agreement With Plattenburg & Associates For Additional Services Relating To Compliance Under The Operations And Maintenance Agreement Between The City Of Huber Heights And Veolia Water. (first reading)]

ITEM 11 H.

ITEM 11 H A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BERG AND ASSOCIATES FOR ADDITIONAL SERVICES RELATING TO THE COMPLIANCE UNDER THE OPERATIONS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF HUBER HEIGHTS AND VIOLA WATER AT THE FIRST READING.

BRIAN COMMENTS? UH, THANK YOU SIR.

UH, THIS PARTICULAR MATTER IS FOR A FIVE YEAR CONTRACT, UH, TO ENSURE THAT THE TERMS AND CONDITIONS OF OUR AGREEMENT WITH VIOLA WATER ARE MET, UH, WITH RESPECT TO EACH PARTY'S COMMITMENT.

IT WAS THE RECOMMENDATION THAT THIS ITEM BE ADOPTED THIS EVENING.

YES, IT WAS.

IS THERE A MOTION, NANCY? MOVE TO ADAPT.

IS THERE A SECOND? CLINTON? SECOND.

WE HAVE A MOTION.

AND SECOND.

ANY DISCUSSION? TONY, PLEASE.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MR. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MOTION CARRIES EIGHT TO ZERO AND NEXT SAYS ITEM

[ An Ordinance Amending Chapter 193 – Transient Guest Tax, Section 193.02 – State Definitions Incorporated Of The Huber Heights Codified Ordinances. (first reading)]

11 I.

ITEM 11 I AN ORDINANCE AMENDING CHAPTER 1 93, TRANSIENT GUEST TAX SECTION 1 93 0.02.

STATE DEFINITIONS INCORPORATED OF THE HUBER HEIGHTS CODIFIED ORDINANCES AT THE FIRST READING.

RIGHT.

UH, THANK YOU SIR.

THIS LEGISLATION WOULD ALLOW THE CITY OR WOULD AMEND THE CITY'S DEFINITION, UM, UH, OF, UH, PROPERTIES WHICH WOULD QUALIFY, EXCUSE ME, USES, WHICH WOULD QUALIFY FOR THE TRANSIENT GUEST TAX TO INCLUDE PROPERTIES THAT MIGHT BE COMMONLY LISTED UNDER AIRBNB, UH, OR V R B O.

UH, IT WAS THE RECOMMENDATION THAT THIS ITEM B MOVED TO A SECOND.

READING.

ANY OBJECTIONS TO A SECOND? READING? OKAY.

WE'LL MOVE THIS ON.

AND NEXT UP IS ITEM 11

[ A Resolution Authorizing The City Manager To Enter Into A Contract For Preparation Of Engineering Plans And Specifications For The Design Of New Well #7 At The Rip Rap Road Water Treatment Plant. (first reading)]

J.

ITEM 11 J A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PREPARATION OF ENGINEERING PLANS AND SPECIFICATIONS FOR THE DESIGN OF NEW WELL NUMBER SEVEN AT THE RIP WRAP ROAD WATER TREATMENT PLAN.

AT THE FIRST READING, UH, BRIAN COMMENTS.

THANK YOU, SIR.

UH, AS THE ENGINEER BRIEFED COUNSEL AT THE WORK SESSION, THIS PARTICULAR MATTER WOULD ALLOW US TO BEGIN THE DESIGN WORK, EXCUSE ME, THE, UM, IDENTIFICATION AND DESIGN WORK OF WELL NUMBER SEVEN, UH, OVER OFF OF RIPRAP ROAD.

IT WAS THE RECOMMENDATION THAT THIS ITEM BE ADOPTED THIS EVENING.

IS THERE A MOTION KATE? MOVE TO ADOPT SECOND DON.

OH, I WILL SECOND WE HAVE A MOTION.

AND SECOND, IS THERE ANY DISCUSSION THESE THINGS OUT? AND TONY, MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. VERGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

MOTION CARRIES EIGHT TO ZERO AND NEXT IS

[ A Final Resolution For ODOT To Resurface Brandt Pike (State Route 201) From The South Corporation Limit To Fishburg Road. (first reading)]

ITEM 11.

11.

11.

KK A FINAL RESOLUTION FOR ODOT TO RESURFACE GRANT PIKE STATE ROUTE 2 0 1 FROM THE SOUTH CORPORATION LIMIT TO FISHBURG ROAD AT THE FIRST READING.

RIGHT.

UH, THANK YOU SIR.

THIS PARTICULAR LEGISLATION AS WAS BRIEFED BY THE

[01:15:01]

ENGINEER POWERS THE CITY TO PARTNER WITH ODOT FOR THE PURPOSES OF RESURFACING GRANT PIKE FROM, UH, SOUTH CORP LINE TO FISHBURG ROAD.

IT WAS THE RECOMMENDATION THAT DESIGN BE ADOPTED THIS EVENING.

MARK.

MOTION TO ADOPT HERE.

A SECOND.

KATE, MOVE TO IT.

SECOND.

ANY DISCUSSION? TONY? MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MOTION ALSO CARRIES EIGHT TO ZERO.

AND

[ A Resolution Authorizing The City Manager To Solicit, Advertise And Receive Bids From Qualified Firms For The 2023 Water Main Replacement Program. (first reading)]

LAST IS ITEM 11 L.

ITEM 11 L A RESOLUTION AUTHORIZING THE CITY MANAGER TO SOLICIT, ADVERTISED AND RECEIVE BIDS FROM QUALIFIED FIRMS FOR THE 2023 WATER MAIN REPLACEMENT PROGRAM.

AT THE FIRST INITIAL COMMENTS, BRIAN, UH, THE ONLY OTHER COMMENTS, SIR, IS IT WAS THE RECOMMENDATION AT THE WORK SESSION TO ADOPT THIS ITEM.

IS THERE A MOTION, NANCY, THAT TO ADOPT? SIR? SECOND.

I NEED IT.

SECOND MOTION AND SECOND, IS THERE ANY DISCUSSION? TONY? MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MR. WEBB? YES.

AND THE MOTION CARRIES EIGHT TO ZERO.

NEXT UP IS NUMBER 12, CITY

[12. City Official Reports And Comments]

OF OFFICIAL REPORTS AND COMMENTS.

DOES ANYONE HAVE ANYTHING THIS EVENING THEY'D LIKE TO ADDRESS? YES, NANCY? UH, TWO THINGS.

NUMBER ONE, I'D LIKE TO REQUEST THAT A MORATORIUM ON STORAGE FACILITIES BE PUT ON NEXT WORK ON THE NEXT WORK SESSION AGENDA.

OKAY.

ANY OTHER DISCUSSION OR ANY, UH, IN AGREEMENT WITH MRS. BURG ON THE IDEA OF A MORATORIUM ON STORAGE? OKAY.

I'LL SECOND MRS. BURG'S.

OKAY.

ANYONE ELSE? OKAY.

OKAY, SECOND ITEM IS, UM, WHEN I WAS WATCHING THE PLANNING COMMISSION MEETING THE OTHER NIGHT, AARON WAS DOING A SPECTACULAR JOB OF EXPLAINING A LOT OF DIFFERENCES AND, UH, EVERYTHING, BUT WHEN HE WENT TO THE WHITE TO THE SCREEN, WE LOST HIS VOICE.

IS THERE ANY WAY WE CAN GET A MICROPHONE THAT WILL TRAVEL WITH HIM? WE, WE HAVE A HANDHELD MIC THERE AND THERE'S A CLIP ON, UH, WIRELESS MIC THAT THEY'RE CONNECTED TO OUR SYSTEM, SO FINE.

UM, OKAY.

HE JUST PROBABLY IS NOT AWARE OF THEM, SO, SO I, I CAN SHOW YOU THAT AND, UH, WE CAN RECTIFY THAT VERY EASILY.

THANK YOU VERY MUCH.

ANYONE ELSE HAVE ANYTHING DON DONE? THANKS, MAN.

UH, I'LL BE BRIEF.

UM, I WOULD LIKE TO REFER TO A FACEBOOK POST, UH, THIS TIME BY OUR HUBER HEIGHTS POLICE DEPARTMENT.

AND I THINK IT IS TIMELY AND, UH, UH, JUST A GOOD OVERALL REMINDER FOR THE CITY OF HUBER HEIGHTS.

THE POST IS ABOUT HOW ESTABLISHING A 9:00 PM ROUTINE AND, UH, IT JUST TELLS YOU AT NINE O'CLOCK AT NIGHT BEFORE YOU HEAD UP FOR BED, TO REMOVE YOUR VA VALUABLES FROM YOUR VEHICLE, LOCK YOUR VEHICLE DOORS CLOSE, YOUR GARAGE DOORS CLOSE, AND LOCK YOUR EXTERIOR DOORS AND CLOSE AND LOCK YOUR WINDOWS.

YOU KNOW, IT SEEMS SO SIMPLE, BUT EVERY DAY ON SOCIAL MEDIA, WE SEE THESE REPORTS OF SOMEONE GETTING IN A CAR.

UH, WE KNOW THAT, UH, WE'RE HAVING MORE AND MORE PROBLEMS WITH CAR THEFTS AND THE SIMPLEST THINGS CAN MAKE A HUGE DIFFERENCE TO OUR POLICE DEPARTMENT AS FAR AS MANPOWER AND ALLOCATION.

SO IF YOU GET A CHANCE, GO TO THE HH P D PAGE AND JUST TAKE A LOOK AT YOUR 9:00 PM ROUTINE REMINDER.

I JUST THOUGHT IT WAS SIMPLE, BUT EFFECTIVE AND A GOOD WAY FOR ALL OF US TO, UH, TIGHTEN UP OUR PERSONAL SECURITY A LITTLE BIT.

THANKS.

GOOD ADVICE FROM, UH, A P D AND FROM YOU.

THANK YOU.

ANYONE HAVE ANYTHING ELSE? OKAY.

UH, ITEM THIRTEEN'S EXECUTIVE SESSION.

THERE IS NO NEED FOR ONE.

THIS EVENING IS SEVEN 19 AND THIS MEETING IS ADJOURNED.