Feb 14, 2022 City Council Meeting

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

[00:00:09]

GOOD EVENING EVERYONE.

AND WELCOME TO THIS.

IF YOU WERE HEIGHTS, THIS IS A CITY COUNCIL MEETING, REGULAR SESSION.

TODAY'S DATE IS VALENTINE'S DAY, FEBRUARY 14TH, 2022.

WE'RE GETTING STARTED AT 6:02 PM.

UH, THIS MEETING IS OFFICIALLY CALLED TO ORDER AND NEXT WE HAVE OUR INVOCATION BY PASTOR JOHN COOK.

WHY OF THE COMPASSION FREE METHODIST CHURCH AT 68 75 OLD TROY PIKE HERE IN HEBREW HEIGHTS.

PASTOR GOT QUIET.

THANK YOU, SIR.

WELL, I WANT TO WISH YOU ALL OF YOU HAPPY NEW YEAR.

THANK YOU.

AND BEFORE I PRAY, I WANT TO SHARE WITH YOU FEEL WORD FROM THE WORD OF GOD FROM ISAIAH CHAPTER 41, VERSE 10, IT SAYS THIS.

SO DO NOT FEAR FOR, I AM WITH YOU.

DO NOT BE DISMAYED FOR, I AM YOUR GOD.

I WILL STRENGTHEN YOU AND HELP YOU.

I WILL UPHOLD YOU WITH MY RIGHTEOUS RIGHT HAND AND THEN JOSHUA CHAPTER ONE, VERSE NINE, IT SAYS ALSO, HAVE I NOT COMMANDED YOU BE STRONG AND COURAGEOUS DO NOT BE TERRIFIED.

DO NOT BE DISCOURAGED FOR THE LORD.

YOUR GOD WILL BE WITH YOU WHEREVER YOU GO.

I WANT TO BRING THIS WATER BECAUSE OF WE ARE IN THE NEW YEAR, KNOW THAT YOU ARE WITH GOD WHEN GOD IS WITH US.

WE SHOULD NOT BE AFRAID OF ANYTHING BECAUSE IT'S THE ONE WHO KEEPS IT IN HIS HAND.

LET US PRAY.

OUR HEAVENLY FATHER.

WE THANK YOU SO MUCH.

WE THANK YOU FOR THE WAY YOU HAVE BEEN WITH US ALL OVER THESE YEARS, ESPECIALLY THIS FROM 19, UH, 2019 UP TO NOW, WE KNOW THERE ARE MANY, MANY PEOPLE WHO LOST THEIR LIVES, BUT WE PRAY FOR THOSE WHO LEFT.

WE PRAY FOR THEM AND COMFORT THEM AND BE WITH THEM SURROUNDING THEM SO THAT YOU MAY GIVE THEM PEACE IN THEIR HEARTS.

LORD, WE PRAY FOR THOSE WHO ARE SUFFERING.

IN OTHER WAYS, WE KNOW YOU ARE THERE WITH THEM AS YOU ARE WITH US TONIGHT.

AND LORD, I PRAY FOR OUR BROTHERS WHO ARE HERE AND THE SISTERS, AS THEY COME TOGETHER TO PUT THEIR MINDS TOGETHER, TO SEEK YOUR COUNSEL, LORD, I ASKED YOU TO HELP THEM TO GIVE THEM KNOWLEDGE, WHICH THEY CAN KNOW WHAT TO DO TO HELP OUR CITY.

LORD.

WE PRAY FOR THEM.

WE LOVE THEM.

YOU LOVE THEM MORE THAN US.

WE PRAY FOR THEM, ESPECIALLY IN THIS YEAR AFTER 2022, WATCH OVER THEM AND KEEP THEM IN YOUR HANDS IN THE NAME OF JESUS.

I PRAY.

AMEN.

THANK YOU, SIR.

I PLEDGE ALLEGIANCE TO AMERICA.

ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

QUICK REMINDER, BEFORE WE MOVED TO THE ROLL CALL, UM, WE NEED TO MAKE SURE THAT EVERYONE REMEMBERS TO TURN YOUR MICS ON.

UM, WHEN IT IS THAT, YOU KNOW, WHEN YOU'RE SPEAKING, I KNOW IT'S EASY SOMETIMES TO FORGET, TO PUSH THE BUTTON BECAUSE, UH, IF YOU'RE SPEAKING FROM HERE AND YOU DON'T HAVE YOUR MIC ON, IT'S NOT GOING THROUGH THE SYSTEM, IT'S NOT PICKING UP THROUGH OUR, OUR LIVE STREAM VERY WELL.

SO WE JUST NEED TO MAKE SURE THAT WHEN YOU ARE TALKING, PLEASE MAKE SURE THAT YOUR, THAT YOUR MIC IS TURNED ON.

THANK YOU.

UM, MR. ROGERS, WHEN SHE CALLED THE ROLE, MR. SHAW HERE, MS. BAKER, MR. CAMPBELL HERE, MRS. BERG, MR. OTTO HERE.

MR. LIONS HERE.

THIS IS KITCHEN HERE.

MR. WEBB.

HERE WE ARE GORE HERE.

THE NEXT

[5. Approval Of Minutes]

THERE'S ONE SET OF CITY COUNCIL MINUTES FROM JANUARY 24TH, 2022, UH, FOR NO CORRECTIONS OR COMMENTS, THOSE MITCHELL'S TEAM HAS APPROVED ANYONE.

OKAY.

THOSE MINUTES ARE APPROVED.

A NUMBER SIX, A SPECIAL PRESENTATIONS THAT ARE DONE THIS EVENING THERE.

OKAY.

I NUMBER SEVEN AS

[7. Citizens Comments]

COMMENTS, DO WE HAVE ANY OF THOSE WITH CT? UM, BETH VAN HAREN, IF YOU PLEASE COME TO THE PLANET.

HI BETH VAN HAREN.

I'VE

[00:05:01]

GOOD TO SEE YOU HAPPY VALENTINE'S DAY.

SURE.

THIS IS PROBABLY THE MOST ROMANTIC WAY YOU'VE SPENT IT IN YOUR ENTIRE LIFE.

JUST KIDDING.

SO, ANYWAY, UM, WHAT I WOULD LIKE TO TALK TO YOU TONIGHT ABOUT IS ANNEXATION THAT I'VE BEEN HERE BEFORE TO TALK ABOUT THAT SAME EXACT SUBJECT.

AND AS YOU ALL PROBABLY KNOW, UM, WE HAD AN ANNEXATION PETITION LAST YEAR, 233 ACRES, AND IT WENT THROUGH THE NORMAL PROCESS.

IT WAS A TYPE TWO EXPEDITED.

AM I ON A TIME THING? LIKE TWO MINUTES.

ALL RIGHT.

I THINK I CAN MAKE IT IN FIVE.

UM, AND AS YOU KNOW, THE MIAMI COUNTY COMMISSIONERS, TURN IT DOWN ON A TECHNICALITY, UM, INVOLVING ODAT AND THE ROAD AND 40.

SO, UM, THEY'VE THE ISI THAT THE DEVELOPER HAS RESUBMITTED, UM, OR MAYBE DC HASN'T.

SOMEBODY HAS RESUBMITTED THE ANNEXATION PETITION.

IT'S NOW 260 ACRES.

SO THE SAME AMOUNT OF PERS THE SAME 2 33 PLUS AN ADDITIONAL 27.

UM, LAST YEAR IN SEPTEMBER, WHEN THAT FIRST PETITION WAS SERVED TO US AND TO MIAMI COUNTY ON MONDAY, SEPTEMBER 13TH, YOU GUYS WERE READY TO GO WITH THE SERVICE AGREEMENT ON THAT MONDAY NIGHT AT YOUR MEETING.

I KNOW, YOU KNOW, HOW THINGS WORK THIS NEXT ANNEXATION PETITION IS GOING TO BE SERVED TO BETHEL TOWNSHIP INTO MIAMI COUNTY VERY SHORTLY.

SO I WOULD RESPECTFULLY REQUEST THAT YOU, UM, HUBER HEIGHTS, SORRY, I DON'T MEAN TO BE IN AND OUT ALL THE TIME WITH THIS.

UM, DON'T WORK ON, DON'T DO THAT SERVICE AGREEMENT RIGHT AWAY.

GIVE US A CHANCE TO WORK OUT IN AN ANNEXATION AGREEMENT WITH YOU THAT THE BETHEL TOWNSHIP TRUSTEES AND THE HUBER HEIGHTS CITY COUNCIL, UM, BECAUSE IF THIS IS A TYPE TWO EXPEDITED ANNEXATION PETITION, WHICH IT PROBABLY WILL BE, UM, THIS 260 ACRES WILL NOT BE DETACHED FROM BETHEL TOWNSHIP.

IT WILL BE, UM, PART OF HUBER HEIGHTS AND STILL PART OF BETHEL TOWNSHIP GIVING THOSE PEOPLE DUAL TAXATION STATUS, BUT ALSO ESSENTIALLY DUAL CITIZENSHIP.

THEY COULD RUN FOR YOUR OFFICE.

THEY COULD RUN FOR MY OFFICE.

THEY VOTE ON YOUR LEVEES.

THEY VOTE ON OUR LEVEES.

UM, FOR YOU GUYS, IT MAY NOT MAKE A DIFFERENCE.

YOU'RE A POPULATION OF ABOUT 40,000 AND THAT ONLY IS GOING TO ADD MAYBE A THOUSAND EXTRA PEOPLE, BUT FOR US, A THOUSAND EXTRA PEOPLE IN OUR TOWNSHIP THAT WOULD VOTE ON LEVIES THAT THEY DON'T BENEFIT FROM IS NOT A GOOD THING.

SO, ANYWAY, UM, WE'D LIKE TO MEET WITH YOU.

WE'D LIKE TO TALK WITH YOU.

I KNOW THAT GETTING ALL EIGHT OF NINE OF YOU TOGETHER AND ALL FOUR OR FIVE OF US TOGETHER IS PROBABLY A HARD THING TO DO, BUT I REALLY WOULD LIKE TO MAKE THAT HAPPEN.

UM, BECAUSE WE KNOW YOU NEED TO GROW.

WE GET THAT.

WE'D RATHER THAT YOU GREW SOUTH WEST OR EAST, BUT, UM, IF YOU HAVE TO GROW NORTH, WE'D AT LEAST LIKE TO WORK OUT AN AGREEMENT SO THAT THIS, I DON'T HAVE TO COME TALK TO YOU EVERY SIX MONTHS ABOUT THIS.

AND, UM, WE CAN FIGURE OUT A WAY TO MUTUALLY LIVE TOGETHER.

I CAN STILL SHOW UP AT THE SHOP AT TARGET AND YOU GUYS DON'T MOVE ANY FURTHER NORTH.

THAT'D BE GREAT.

HOPE.

THAT WAS MY FIVE MINUTES.

THANK YOU.

THANK YOU.

[8. Citizens Registered to Speak on Agenda Items]

[9. City Manager Report]

NEXT UP IS I DON'T REMEMBER NINE, WHICH IS THE CITY MANAGER REPORT, RIGHT? MR. BARRETT.

THANK YOU, SIR.

A COUPLE OF ITEMS FOR COUNCIL TONIGHT.

UH, ONE, UH, STAFF HAS A CONFERENCE CALL TOMORROW WITH REPUBLIC SERVICES.

UH, THERE ARE SOME AREAS OF THE CITY WHERE WE'RE STILL EXPERIENCING SOME DELAYS WITH PICKUP, UH, REGARDING BOTH, UH, WASTE AND RECYCLING.

SO WE'RE TRYING TO GET THOSE ISSUES IRONED OUT AND UNDERSTAND WHAT'S GOING ON SO WE CAN LIMIT THOSE ISSUES IN THE FUTURE, UH, ON THE REALM OF, UH, WATER MATTERS, UH, TO KEEP COUNCIL UPDATED ON.

I WANTED TO LET EVERYBODY KNOW THAT WE DID RECEIVE, UH, THE RFPS.

UH, WE HAD A FEW RESPONSES ON OUR RFP FOR THE WATER INTEGRITY STUDY THEY'RE BEING EVALUATED BY THE CITY ENGINEER.

NOW ALSO WANTED TO, UH, JUST KEEP IN THE BACK OF YOUR MIND THAT STAFF IS, UH, IS AWARE OF THE VOUCHER PROGRAM.

THAT WAS SOMETHING THAT WE HAD TALKED ABOUT PREVIOUSLY, UH, AND THAT WAS WORK THAT, UH, SARAH WILLIAMS WAS PERFORMING, UH, FOR, UH, UH, FOR COUNCIL SHE'S OUT OF THE OFFICE.

SO JUST WANTED TO MAKE YOU AWARE THAT WHILE WE HAVEN'T FORGOTTEN ABOUT IT, WE'RE NOT CURRENTLY MAKING PROGRESS ON THEM, BUT WE'LL PICK THAT UP AS SOON AS SHE'S BACK IN THE OFFICE.

SO I WANTED TO MAKE YOU AWARE THAT UPDATE REGARDING ADDINGTON PLACE, WHICH IS THE SUBDIVISION OUT ON BELL FOUNTAIN ACROSS FROM THE OAKS, UH, DID RECEIVE COMMUNICATION FROM THOSE FOLKS EARLIER TODAY, UH, THAT THEY DO HAVE A MODIFIED SITE PLAN THAT THEY'D LIKE TO BRING IN AND WALK THROUGH WITH STAFF, UH, REFLECTING, HOPEFULLY LESS DENSE PRODUCT, WHICH WAS THE NATURE OF OUR CONVERSATION.

LOOKING FORWARD TO THAT.

AND JUST PRIOR TO THIS MEETING ALSO RECEIVED AN UPDATE FROM THE ANNEX GROUP.

UH, THEY ARE LOOKING FOR, UH, ASSISTANCE TO VALIDATE THEIR TAX MODEL.

UH,

[00:10:01]

HOWEVER, THEIR COST MODELING NOW INDICATES THAT, UH, MARKET RATE APARTMENTS MIGHT BE MORE APPROPRIATE AT THAT SITE.

SO THEY'RE ALSO, UH, FETTERING THAT OUT AS WELL.

UH, SO WE ARE CONTINUING TO MAKE PROGRESS THERE AS WELL.

SO TONIGHT WE'LL BE ASKING YOU TO FORWARD THESE ITEMS ON, BUT NO, WE ARE CONTINUING TO WORK ON THEM AND WE'RE GETTING SOME PROGRESS IN THE AREAS WHERE, UH, I THINK COUNCIL WAS HOPING TO SEE PROGRESS.

SO I WANTED TO MAKE YOU AWARE OF THAT.

ADDITIONALLY, TWO OTHER ITEMS. UH, WE TALKED PREVIOUSLY WITH COUNCIL VERY BRIEFLY ABOUT THE VACANT PROPERTY ON WHAT IS THE EAST END OF CARRIAGE TRAILS STATE ROUTE 2 0 1, LLC IS THE VACANT PROPERTY.

WE WERE HOPING TO WORK THROUGH A TYPE TWO EXPEDITED FORECLOSURE WITH MIAMI COUNTY TO ACQUIRE THOSE DUE TO A TECHNICALITY WITH OUR PETITION.

UH, THEY WERE NOT ABLE TO ADVANCE THIS, THAT, BUT, UH, BETWEEN THE LAW DIRECTOR AND THE DEPUTY, EXCUSE ME, UM, ASSISTANT COUNTY PROSECUTOR, UH, THEY ARE GOING TO FILE AN AMENDED CLAIM AND WE HOPE TO HAVE POSSESSION OF THAT IN THE NEXT 45 TO 60 DAYS.

LASTLY, UH, DO WANT TO MAKE COUNCIL AWARE FOR THOSE OF YOU THAT ARE NOT, WE HAVE RECEIVED A REQUEST TO ENTERTAIN A NEW SERVICE LETTER FOR 260 ACRES, JUST NORTH OF CARRIAGE TRAILS.

AND THAT IS AN ITEM THAT WILL BE ON THE, UH, FEBRUARY 22ND WORK SESSION FOR COUNSEL'S CONVERSATION AND DELIBERATION OTHER THAN THAT'S WHERE I HAVE NOTHING ELSE TO ADD, UNLESS COUNCIL HAS ANYTHING FOR ME.

THANKS.

RIGHT.

ANY QUESTIONS FOR BRIAN REGARDING ANYTHING IN THIS CITY MANAGER UPDATE? THAT'S COOL.

AND WHAT ELSE? OKAY.

NEXT UP IS I'M

[ 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). (third reading)]

OKAY.

AND, UM, I KNOW WE HAVE, UH, TWO PEOPLE REGISTERED TO SPEAK HERE.

OH GOD.

AND, UH, MOVED TO A DISTRICT WITH KELSEY FOR ANY UPDATES, AND THEN WE CAN MOVE TOWARDS, UH, YES, SIR, TO MY COMMENTS UNDER THE MANAGER'S REPORT, WE WOULD ASK THAT COUNCIL, PASS THIS ITEM ONTO ANOTHER READING.

SO STAFF CAN RE MEET AND REVIEW AND EVALUATE THE PROPOSED UPDATES FROM THE DEVELOPER TO ADDRESS OUR CONCERNS REGARDING DENSITY AND LAYOUT.

OKAY.

THANK YOU.

SO, OKAY.

WITH THAT, UH, CINDY, DID YOU WANT TO SPEAK CINDY SMITH? UM, WELL THAT WAS GOOD NEWS TO HEAR THAT THERE'S SOME CHANGES BEING MADE.

I WOULD HOPE THEN THAT ANYTHING THAT COMES UP IS SOMETHING THAT FOLLOWS THE COMPREHENSIVE PLAN, WHICH IS A DETACHED SINGLE FAMILY HOME ON A MEDIUM TO LARGE LAB.

I THINK THAT WAS THE BIG OBJECTION THAT A LOT OF PEOPLE HAD.

AGAIN, I LIKE TO REMIND COUNCIL WHEN YOU'RE DISCUSSING THAT, THAT THE BORDERING PROPERTIES ARE ALL HOMES ON THREE TO OVER 25 ACRES.

SO THE CURRENT MODEL THAT THE DEVELOPERS USING IS LOTS THAT ARE 30 FEET WIDE AGAINST A PROPERTY THAT MIGHT BE 25 ACRES.

SO I'D ASK YOU ALL TO PLEASE KEEP THAT IN MIND WHEN THEY'RE LOOKING AT LOTS SIZES THAT YOU KNOW, THEIR DENSITY IS, UM, LAST DENSITY I SAW WAS 5.7.

THE DENSITY OF THE PROPERTY SURROUNDING IT IS LESS THAN ONE.

UM, THE OAKS IS 2.05.

WE DON'T BORDER IT.

WE ARE ACROSS THE STREET.

SO I WOULD HOPE THAT ALL THOSE FACTORS ARE TAKEN INTO ACCOUNT.

AND I WOULD HOPE WE CAN COME TO SOME KIND OF WORKABLE AGREEMENT.

SO THANK YOU FOR YOUR TIME, IF IT DOES NOT MEET THOSE THINGS, THEN I WOULD HOPE THAT YOU WOULD VOTE NO ON THIS PROJECT.

THANK YOU.

THANK YOU.

AND NEXT UP WE HAVE, UH, TRACY HARMON, IF YOU PLEASE COME TO THE CLINIC GOOD EVENING, UM, AGAIN, JUST OPPOSED TO THEIR ORIGINAL PRESENTATION, PRAYING THAT IT IS SOMETHING MUCH LESS DENSE IN WHAT THEY'RE GOING TO PROPOSE NEXT.

AND I DIDN'T LACK OF UNDERSTANDING WHAT THEIR TIMELINE IS LIKE ONCE THEY PROPOSE SOMETHING, IS THERE LIKE A TIMELINE TO WHERE, HOW LONG CAN THEY DRAG THINGS OUT WITHOUT MAKING ANY FURTHER PRESENTATION? IS IT ENDLESS OR IS THERE A TIME WHERE YOU SAY, LOOK, THIS IS TAKING FOREVER.

I THINK SO TYPICALLY OUR PROCESS WOULD BE, IF WE APPROVED THEIR ZONING REQUEST, THEN IT WOULD GO THE NEXT TIME IT WOULD COME BACK.

WOULDN'T COME BACK TO COUNCIL WOULD GO BACK TO THE PLANNING COMMISSION AND OUR PLANNING COMMISSION WOULD WORK THE FILM ON ALL THE DETAILS ON SIGNAGE, ENTRY, MONUMENTS, ALL

[00:15:01]

I MEAN ALL THE OTHER DETAILS REGARDING, UM, AND YOU KNOW, USUALLY YOU MEAN THERE'S NO, I GUESS IT'S GUARANTEED TIMELINE.

I MEAN, BUT THEY'RE, IF THEY'VE GOT THE MONEY WRAPPED UP IN THAT THEY'RE GOING TO WANT TO MOVE FORWARD ONCE THEY CAN.

BUT THAT PROCESS IS BACK THROUGH PLANNING COMMISSION FOR A DETAILED DEVELOPMENT PLAN.

THANK YOU.

THAT'S IT.

OKAY.

OKAY.

SO THAT ITEM WILL BE MOVED ON TO A FOURTH READING AT THE RECOMMENDATION OF THE INTERIM STATE MANAGER.

NEXT

[ An Ordinance To Approve A Rezoning To Planned Residential And A Basic Development Plan For The Property Located At 6502 Old Troy Pike And Further Identified As Parcel Number P70 04004 0003 On The Montgomery County Auditor’s Tax Map And Accepting The Recommendation Of The Planning Commission (Zoning Case 21-34). (fourth reading)]

I AM 10 B AT AN ORDINANCE TO APPROVE A REZONING TO PLAN RESIDENTIAL AND A BASIC DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 6 5 0 2 OLD TROY PIKE, AND FURTHER IDENTIFIED AS PARCEL NUMBER P 7 0 0 4 0 0 4 0 0 0 3 ON THE MONTGOMERY COUNTY AUDITOR'S TAX MAP AND ACCEPTING THE RECOMMENDATION TO THE PLANNING COMMISSION AND ZONING CASE.

TWO ONE DASH THREE FOUR, THE FOURTH READING LETTERS CASKEY.

THANK YOU, SIR.

UH, RELEVANT TO MY COMMENTS UNDER THE MANAGER'S REPORT, WE WOULD ASK THAT COUNCIL PASS THIS ON TO AN ADDITIONAL READING SO THAT WE CAN CONTINUE TO WORK WITH THE APPLICANT REGARDING, UH, MODIFICATIONS TO THEIR PLANS AND UNDERSTANDING THE FISCAL COMMITMENT OF THEIR PROJECT RELATIVE TO, UH, CITY COUNCILS, DESIRES AND EXPECTATIONS ON PAYMENTS IN LIEU OF TAXES.

LIKE YOU'VE MADE OBJECTIONS, MOVE THIS ONTO A 43 RECOMMENDATION STAFF.

SHOULD THERE BE A FIFTH, FIFTH READING? YES.

OKAY.

THAT'S WHERE WE'LL SEE THAT NEXT UP ON

[ A Motion To Direct The City Manager To Submit The Proposed Amendments To Part Eleven - Planning And Zoning Code, Title One - Subdivision Regulations, Chapter 1109 - Subdivision Design Standards Of The Huber Heights City Code Regarding Sidewalk Requirements To The Planning Commission For Consideration.]

ITEM 11, A MOTION TO DIRECT THE CITY MANAGER TO SUBMIT THE PROPOSED AMENDMENTS TO PART 11 PLANNING AND ZONING CODE TITLE ONE SUBDIVISION REGULATIONS, CHAPTER 1109 SUBDIVISION DESIGN STANDARDS OF THE HUBER HEIGHTS CITY CODE REGARDING SIDEWALK REQUIREMENTS TO THE PLANNING COMMISSION FOR CONSIDERATION, RIGHT? YES.

THIS PARTICULAR LEGISLATION IS FOR, WOULD BE FOR PLANNING COMMISSION'S REVIEW TO ENSURE THAT THERE ARE MORE STRINGENT AND SPECIFIC REQUIREMENTS FOR SUBDIVISIONS WHEN IT COMES TO, UH, SETTING AND PLACING SIDEWALKS, UH, BEYOND JUST THE RESIDENTIAL STREETS LOCATED WITHIN THOSE PARTICULAR SUBDIVISIONS AND THE WORK SESSION RECOMMENDATION WAS TO ADOPT THIS ITEM THIS EVENING.

IS THERE A MOTION MS. BERG, MR. CAMPBELL? SECOND, THERE IS A MOTION IN THE SECOND.

IS THERE ANY DISCUSSION MR. ROGERS? IT'S BAKER? YES.

MR. CAMPBELL.

YES.

MRS. BERG.

YES.

MR. OTTO.

YES.

MR. LYONS.

YES.

THIS IS KITCHEN.

YES.

MR. WEB.

YES, THAT'S TRUE.

YES.

AND MOTION CARRIES EIGHT TO ZERO.

AND NEXT UP IS ITEM 11,

[ A Resolution Authorizing The City Manager To Apply For, And Accept If Awarded, A Grant Through The Miami Valley Regional Planning Commission To Explore Becoming An Age-Friendly Community As Designated By AARP. (first reading)]

RIGHT.

THANK YOU, MR. MAYOR, PURSUANT TO COUNCIL'S DISCUSSION AND REQUESTED THE WORK SESSION.

THIS LEGISLATION HAS AUTHORIZED STAFF TO PURSUE A GRANT TO PROVIDE FOR, UH, AGE-FRIENDLY COMMUNITY STATUS.

I THINK YOUR ADOPTION WAS THE RECOMMENDATION MS. BERTRAM HAVE TO ADAPT FOR A SECOND.

SECOND HAS BEEN FOR A SECOND.

ANY DISCUSSION? YES.

MR. WEBB, NOT A DISCUSSION ABOUT A COMMENT.

I WOULD JUST LIKE TO THANK COUNCILMAN BERGE AND BRING THOSE TO OUR ATTENTION.

AND FOR THE PRESENTATION YOU MADE TWO OFFERS FOR HONORS PROGRAM.

THANK YOU, NANCY.

THANK YOU, MR. WEBB, ANY OTHER DISCUSSION COMMENTS? OKAY.

MR. ROGERS, MR. CAMPBELL.

YES.

MRS. BERG.

YES.

MR. OTTO.

YES.

MR. LYONS.

YES.

MRS. KITCHEN.

YES.

MR. WEBB.

YES.

MR. SHAW.

YES.

BREAKER.

YES.

AND MOTION CARRIES EIGHT ZERO AND NEXT SAYS ITEM

[ A Resolution Authorizing The City Manager To Execute A Certain Lease. (first reading)]

AND MR. SCHAKOWSKY.

THANK YOU, MR. MAYOR.

THIS IS FOR A LEASE AT THE FORMER C R DAYTON SITE FOR A FLOWER SHOP UNDER TERMS AND CONDITIONS DISCUSSED WITH COUNCIL.

BIG SUR RECOMMENDATION WAS ADOPTION.

ANY DISCUSSION MOTION, MR. WEBB SECOND, MR. SHAW, SECOND EMOTION.

AND A SECOND.

IS THERE ANY DISCUSSION? YES.

MR. OTTO? YEAH, JUST QUICKLY.

I WANTED TO SAY, I'M GLAD TO SEE WHERE LEASING OUT THE LOCATIONS, BUT I WAS BY THERE THE OTHER DAY, UM, LATE LAST WEEK AND I NOTICED, UH, THERE WAS SOME, SOME CAUTION TAPE OUT AT NEXT TO THE SIDEWALK BECAUSE ONE OF THE GUTTERS LOOKS LIKE IT'S ABOUT TO FALL DOWN AND OTHER PIECE HAD GUTTER COMPLETELY MISSING.

AND A PIECE OF THE ROOF LOOKED LIKE IT WAS, WAS PARTIALLY MISSING.

UM, I DON'T KNOW HOW WE'RE HANDLING SERVICE ON THAT, BUT WE CERTAINLY NEED TO LEAD BY EXAMPLE.

AND IF WE'RE GOING TO BE PUTTING TENANTS IN THERE AND BEING LANDLORDS, I THINK WE NEED TO GIVE THEM A PROPER PLACE.

SO I HOPE THOSE THINGS ARE BEING HANDLED, TAKEN CARE OF.

THEY ARE, WE HAVE A CONTRACTED PROVIDER.

WE HAVE A CONTRACT PROVIDER, COLEMAN PROPERTIES WHO MANAGES THAT PROPERTY FOR US.

SO WE WORK THROUGH THEM TO ADDRESS THOSE PARTICULAR ISSUES, RECOGNIZING THAT THEY TOO ALSO HAVE TO GO OUT AND GET QUOTES AND ESTIMATES

[00:20:01]

SO THOSE ARE ALL THINGS THAT WE ARE TRYING TO TAKE CARE OF AS QUICKLY AS WE CAN KEEP IN MIND.

WE ARE PLANNING TO MAKE SIGNIFICANT RENOVATIONS TO THAT BUILDING STARTING IN THE NEAR FUTURE.

AND WE'LL BE MAKING A PRESENTATION TO COUNCIL, I BELIEVE ON THE 22ND AS WELL ABOUT WHAT THAT MIGHT LOOK.

YEAH.

MY CONCERN IS NOT BEING BEAUTIFIED SO MUCH CAUSE I KNOW WE'RE GOING TO DO THE REFACING ON IT, BUT I JUST, I WANT IT TO BE SAFE.

YES, SIR.

THANK YOU.

EXCELLENT.

ANY OTHER DISCUSSION? OKAY.

UH, MR. ROGERS, THIS IS YES.

MR. OTTO.

YES.

MR. LYONS.

YES.

MRS. KITCHEN.

YES.

MR. WEBB.

YES.

MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

MOTION CARRIES EIGHT ZERO.

SO THINKING NEXT

[ A Resolution Authorizing The City Manager To Award A Contract To KAP Signs To Perform Cosmetic Maintenance On The Digital Highway Sign At The Rose Music Center And Waiving The Competitive Bidding Requirements. (first reading)]

RIGHT.

THANK YOU, SIR.

UH, AS THE, UH, AS THE CLERK MENTIONED THROUGH THE, UH, THROUGH THE READING AND THE TITLE, UH, STAFF WOULD LIKE TO HAVE THE, UH, SIGN CLEANED AND PAINTED IN ADVANCE OF THE 20, 22 SEASON.

AND WE WOULD ASK THAT YOU AWARD THIS CONTRACT TO THE FIRM WHO CONSTRUCTED THAT SIGN AS THEY ARE MOST KNOWLEDGEABLE AND ABLE TO PERFORM THAT WORK.

THANK YOU, SIR.

THAT WAS THE RECOMMENDATION OF THE WORK SESSIONS OR A MOTION MR. WEBB, HAPPILY MOVED.

SECOND, MS. BIRCH EMOTION.

AND THE SECOND, IS THERE ANY DISCUSSION ON THE SIDE OF MR. ROGERS, MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN.

YES.

MR. WEBB, MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

MRS. BERG.

YES.

MOTION CARRIES EIGHT ZERO.

NEXT IS

[ An Ordinance Designating Construction Noise During Certain Hours As Civil Infractions And Authorizing The City Manager To Adopt A Fine And Penalty Schedule For Such Infractions By Enacting Chapter 1323 Of The Codified Ordinances Of The City Of Huber Heights. (first reading)]

FINE.

THANK YOU, MR. MAYOR AND PURSUANT TO COUNCIL'S DISCUSSION AND REQUESTS.

STAFF HAS PREPARED THIS PARTICULAR LEGISLATION TO ADDRESS THE ISSUE OF, UH, EXCUSE ME, OF CONSTRUCTION NOISE.

AND WE WOULD ASK THAT COUNCIL ADOPT THIS PARTICULAR MATTER SO THAT WE CAN ADVANCE THIS AND CODIFY.

OKAY.

A WORK SAYS RECOMMENDATION WAS TO PASS TO A SECOND READING.

SO ARE WE CHANGING THAT TO A RECOMMENDATION FOR ADOPTION THIS EVENING? OKAY.

WAS THERE A MOTION FOR ADOPTION MR. SHAW MOTION TO ADOPT? IS THERE A SECOND, SECOND, MS. BAKER SECONDS.

ANY DISCUSSION? OKAY.

MR. ROGERS, UH, THIS ACTUALLY WOULD BE A MOTION.

WE NEED FIRST A MOTION TO WAIVE THE SECOND READING.

OKAY.

TO A MOTION TO ADOPT.

OH YES.

WE APOLOGIZE.

MOTION AWAY.

I'LL MAKE A MOTION TO WAVE PLEASE.

SORT OF SECOND ON THE MOTION TO WAIVE MR. WEBB.

OH, WELL SECOND.

ANY DISCUSSION ON WAVING THE SECOND READING FOR THIS TO MOVE FORWARD, MR. ROGERS.

MR. LYONS.

YES.

MRS. KITCHEN.

NO.

MR. WEBB, MR. SHAW.

YES.

THIS BAKER.

YES.

MR. CAMPBELL.

NO, THIS IS BURJ.

YES.

MR. OTTO, NO MOTION FAILS.

FIVE TO THREE.

MOVE THIS ONTO A SECOND READING.

AND NEXT UP IS ITEM 11

[ A Resolution Authorizing The City Manager To Solicit, Advertise And Receive Bids From Qualified Firms For The 2022 Street Improvement Program Non-Concrete Work. (first reading)]

DON CONCRETE WORK AT THE FIRST STREET.

RIGHT.

THANK YOU, SIR.

THIS IS ANNUAL REOCCURRING LEGISLATION BEFORE COUNCIL AND IS THE APPROPRIATE TOOL FOR US TO BEGIN THE PROCESS OF THE ANNUAL STREET IMPROVEMENT, UH, PROCESS.

UH, WE DID TALK AT THE PREVIOUS WORKS, EXCUSE ME.

WE DID TALK AT THE WORK SESSION ABOUT PARTICULAR STREETS, WHICH MAY OR MAY NOT BE INCLUDED IN THIS PARTICULAR BID FOR THE PURPOSES OF BIDDING AND ENSURING THAT WE COULD GET FIXED PRICING.

WE KEPT THE ORIGINAL STREETS IS LISTED IN THE LEGISLATION IS PROPOSED AT THE WORK SESSION.

WE WILL REVIEW AND EVALUATE THE AREAS IN AND AROUND WARD FOUR AND MAKE A DETERMINATION AT THE TIME OF ACTUAL CONSTRUCTION ABOUT WHETHER OR NOT THOSE PARTICULAR STREETS SHOULD REMAIN OR WHETHER OR NOT THOSE WILL BE SUBSTITUTED FOR OTHER STREETS TO ENSURE THAT WE'VE GOT THE BEST QUALITY PRICING.

THANKS FRANK.

A RECOMMENDATION, THE WORK SESSION WAS ADOPTION.

IS THERE A MOTION WHICH CAME UP MOTION TO ADOPT FOR A SECOND SECOND, MR. OTTO, SECOND, ANY DISCUSSION? YES.

I HIGHLY RECOMMEND WHAT WE HAD SAID ABOUT MAYBE MORE FOR BEING MOVED TO 2023.

WHEN WE OUT 2023, WHEN WE KNOW MORE ABOUT THE WATER,

[00:25:01]

UM, IF WE DON'T KIND OF DO THAT AND THEN MAYBE PICK UP MORE IN 2023 FORWARD FOR DISCUSSION MR. ROGERS, MRS. KAY? YES.

MR. WEBB.

YES.

MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

THIS THIS URGE MR. OTTO.

YES.

MR. LYONS.

YES.

MOTION CARRIES EIGHT TO ZERO.

NEXT IS ITEM 11,

[ A Resolution Authorizing The City Manager To Solicit, Advertise, And Receive Bids From Qualified Firms For The 2022 Sidewalk Replacement Program And The Concrete Portion Of The 2022 Street Improvement Program. (first reading)]

RIGHT.

THANK YOU, SIR.

THIS IS ANNUAL REOCCURRING LEGISLATION BEFORE THIS BODY AND THE STAFF TO BEGIN THE ANNUAL SIDEWALK REPLACEMENT PROGRAM.

AND WE WOULD ASK THE COUNCIL ADOPT THIS LEGISLATION.

SO WE MAY BEGIN THIS PROCESS FOR 2022.

THERE WAS THE RECOMMENDATION MR. CAMPBELL, TO ADOPT A SECOND PURCHASE, CHECK IT EMOTIONAL.

THE SECOND DISCUSSION ON THIS ITEM WAS ONCE AGAIN, PLEASE.

I WOULD PREFER WORD FOR BEING KIND OF HELD OFF TILL 2023, JUST BECAUSE I KNOW PERSONALLY, IF I PAID FOR HAVING AN EASEMENT REDONE AND EVERYTHING ELSE, AND THEN WE COME ALONG A FEW WEEKS, A FEW MONTHS LATER, EVEN RIP IT UP TO LAY PIPING, I WOULD BE TERRIBLY UPSET.

UM, SO I PREFER UNTIL WE GET EVERYTHING DONE WITH THE WATER, THAT BOARD FOR BE PUSHED BACK TO 2023, UM, AND THEN MAYBE PICK BACK UP.

YEAH.

UM, IF, IF THAT HAPPENED, WOULDN'T THE COST.

IF A HOMEOWNER HAD PAID FOR THE REPLACEMENT AND OTHER CONCRETE, WOULDN'T THAT BE PART OF THE REWORK? UH, IF IT HAD TO BE YES, THE CITY WOULD BE UNDER THE, YEAH.

SO THE HOMEOWNER WOULDN'T BE AT RISK OF FAILING TWICE.

NO, BUT STILL AT THE SAME POINT, IF YOU JUST PAID MY NEIGHBOR, IT WAS $1,100.

SHE PAID A FEW YEARS AGO IF THEY'RE LAYING A NEW, OKAY.

HOPEFULLY WHEN WE GET THE NEW PIPES LIKE LATE AND HUBER, THERE'LL BE UNDER THE SIDEWALK.

SO SAY YOU JUST PAID FOR THAT EASEMENT TO THE TUNE OF $1,100.

AND EVEN IF THE CITY PICKING UP THAT COST, I WOULD BE UPSET THAT SOMETHING I JUST PAID $1,100 FOR IS GETTING RIPPED UP A FEW MONTHS LATER, REGARDLESS OF THE CITY'S PAYING FOR IT OR NOT.

YOU STILL MADE THAT INITIAL PAYMENT.

SO WHY DO IT, I DON'T GET WHY WE WOULD DO THAT THEN.

WELL, WE DON'T KNOW THAT THAT'S GOING TO HAPPEN, BUT WE DON'T KNOW THAT IT WILL.

I MEAN, WARD FOUR, WE'RE DOING THE STUDY, WE'RE PAYING FOR A STUDY TO BE DONE, TO KNOW WHY THESE PIPES ARE BREAKING, WHAT'S GOING ON WITH THEM.

AND SO WE GET ALL OF THAT DONE, WHICH BRIAN AND MIGHT NOT CORRECT BY THE TIME EVERYTHING'S KIND OF LATE IN LINE.

IT COULD BE TOWARD THE END OF THIS YEAR.

SO WHY WOULD WE DO ANYTHING WITH THAT UNTIL WE KNOW MORE IS WHAT I'M SAYING? WELL, I CAN SAY THAT THERE ARE A COUPLE OF DIFFERENT THINGS THAT STAFF IS GOING TO TAKE INTO CONSIDERATION.

FIRST OF ALL, WE'RE GOING TO HAVE ADDITIONAL TIME TO REVIEW AND EVALUATE THE LINE WORK THAT'S OCCURRED WITHIN THAT DISTRICT TO DETERMINE WHETHER OR NOT THOSE PARTICULAR REMAINS ARE BREAKING AT A SUBSTANTIALLY GREATER RATE THAN ELSEWHERE WE ARE GOING TO IN THAT PARTICULAR AREA.

WE'RE NOW REPLACING WATER MAIN WITH NEW WATER MAIN.

SO SOME OF THE CONCERNS THAT WE HAVE WITH THE LINE WORK WON'T EXIST HERE.

AND AS WE'VE TALKED WITH COUNCIL, MAIN REPLACEMENT IS THE MOST EFFECTIVE WAY TO TRY AND ENSURE AND MINIMIZE BREAKS.

THEREFORE WORK THAT WOULD OCCUR ON STREETS, WHERE WE HAVE REPLACED WATER MAIN IS WORK THAT WE WOULD FEEL COMFORTABLE WOULD DE WISELY INVESTED.

WE WOULD HAVE THE TIME AND ABILITY TO EVALUATE THE WORK THAT HAS BEEN DONE WITH REGARD TO THE LINING PROJECT TO DETERMINE WHETHER OR NOT THOSE PIPES ARE STILL BREAKING AT AN ADVERSELY HIGH RATE COMPARED TO, UH, REPLAY, UH, OUTRIGHT MAIN REPLACEMENTS OR TO AREAS THAT WEREN'T LINE.

THE OTHER THING THAT WE WOULD HAVE.

AND AGAIN, TO MY COMMENTS EARLIER IN THE MEETING, UM, WOULD BE PRICING WHERE WE ARE AT THIS PARTICULAR POINT IN TIME.

IT IS EASIER FOR THE CITY TO BE ABLE TO BID TOTAL QUANTITY

[00:30:01]

SO TO BID A QUANTITY AMOUNT AND THE CONTRACTOR NOT KNOW WHERE THAT QUANTITY AMOUNT MIGHT APPLY RUNS, THE RISK OF THAT CONTRACT ARE CHARGING A HIGHER RATE FOR THAT COMMODITY THAN KNOWING WHERE THAT WOULD GO.

ALL OF THAT BEING SAID, WE ARE VERY CONCERNED ABOUT.

WE'RE VERY CONSCIENTIOUS ABOUT MAKING SURE THAT WE ARE NOT GOING TO SPEND THE SAME DOLLAR TWICE, AND THAT WE'RE GOING TO MAKE AN IMPROVEMENT TODAY THAT MIGHT BE ADVERSELY IMPACTED BY, UH, SOME OTHER INFRASTRUCTURE FAILURE LATER.

AND WE CAN'T ALWAYS PREDICT WHERE THAT HAPPENS.

WE CAN'T ALWAYS PREDICT HOW THAT HAPPENS, BUT WE ARE AWARE OF THAT.

AND WE ARE GOING TO EXERCISE OUR BEST JUDGMENT POSSIBLE BEFORE THAT WORK ACTUALLY COMMENCES.

SO IF WE ARE FARTHER ALONG AND THERE'S INFORMATION BACK FROM THE STUDY THAT SUGGESTS THAT SOME OF THESE AREAS MIGHT NOT BE A GOOD IDEA, UH, TO PAY BECAUSE THERE IS STILL THE RISK OF FAILURE.

IF THE INFORMATION COMES BACK FROM A CONTINUED REVIEW OF THE LINED AREAS, AND THAT PARTICULAR INFRASTRUCTURE IS CONTINUING TO FAIL AT A RATE THAT WE BELIEVE IS NOT APPROPRIATE, THEN WE WILL ADVISE COUNSEL OF THE ALTERNATIVE LOCATIONS THAT WILL BE PAVED ONCE WE'VE HAD TIME TO CONSIDER THAT INFORMATION.