[ CITY OF HUBER HEIGHTS STATE OF OHIO City Council Meeting Regular Session February 28, 2022 6:00 P.M. City Hall - Council Chambers - 6131 Taylorsville Road ]
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I HAVE ONE, SORRY, FOR AS A MATTER OF TECHNICAL DIFFICULTY, WE WILL STILL BE RECORDING IN LIVE STREAM, BUT WE'RE DOWN ONE CAMERA THIS EVENING.
THIS IS THE SUMMER HEIGHTS CITY COUNCIL MEETING.
TODAY'S DATE IS FEBRUARY 28TH, 2022.
UH, WE'RE OFFICIALLY GETTING STARTED AT 6 0 7.
UH, THIS MEETING IS OFFICIALLY CALLED THE ORG.
AND I REMEMBER TOO, IT WAS OUR INDICATION BY PASTOR JOHN, DICK WHITE OF THE COMPASSION FOR METHODIST CHURCH AT 68 75, WHICH WE PIKE HERE IN HUBER HEIGHTS.
WELL, LET ME, BEFORE I PRAY, LET ME REMIND YOU SOMETHING LAST TIME THAT WE LEARNED HOW GOD IS WITH US AND YOU WILL CONTINUE TO BE WITH US THE WHOLE YEAR AFTER THAT, THEN 22.
AND THEN HE TAUGHT US TO BE STRONG IN HIS WORD, WHATEVER WE DO, WE HAVE TO BE STRONG PEOPLE TO MAKE A DECISIONS WHICH WILL BE OTHER PEOPLE IN OUR CITY.
AND THEN ALSO REQUEST WE, WHEN WE READ THE WORD OF GOD THAT FROM THE GOSPEL OF JOHN CHAPTER 15 VERSES SEVEN, IT SAYS THIS, UH, IF YOU READ MEN IN, IN ME AND MY WARS, THREE MEN IN YOUR ASK, I ASK WHATEVER YOU WISH AND WE'LL BE GIVING YOU WHATEVER.
WHEN WE ASK THE CONDITION IT TO ADD TO IF WE MET IN YOUR GUT AND THEN THAT HE MADE ME HIS AWARD, WHICH IS THE ORDER FOR GOD, OF COURSE.
AND THEN WE SHUT IT, ASK WHATEVER WE WANT, WHATEVER WE WISH THAT GOD TO REALLY GIVE US WHATEVER WE WANT TO HAVE.
AND TODAY WE ARE GOING TO PRAY AS PATIENT FOR ONE THINGS, I WILL BE PRAYING FOR YOU TO CONTINUE TO BE STRONG.
YOU HAVE DONE YOUR WONDERFUL THINGS.
WHEN DID WE DRIVE AROUND THE YEAR AND THAT WE SEE WONDERFUL DEVELOPMENT, THE THINGS YOU APPEARED AT THE DATE YOU WOULD HAVE DONE THAT IS BECAUSE OF YOUR GOD, THIS CHEATER THAT HAS SPREAD OUR HEAVENLY FATHER.
WE THANK YOU FOR YOUR CHILDREN.
YOU ACQUIRED THEM A DAY OUT OF BECAUSE YOU LOVE THEM.
WE THANK YOU FOR ALL THE THINGS THEY HAVE DONE IN THIS CITY AFTER YOU OVER HEIGHTS.
AND ALSO WE THANK YOU FOR THE WONDERFUL DAY.
YOU HAVEN'T GIVEN US SUNSHINE, LORD, WE THANK YOU.
NOW, NOT THAT WE CAN'T BE FOR YOU TO ASK.
AS YOU TOLD US TO ASK HER, WHATEVER WE WANT, LORD, THAT WE ARE ASKING YOU TO CONTINUE TO BE WITH THEM, TO WATCH OVER THEM, WHATEVER THEY DO, WHATEVER THEY, YOU GO, GO WITH THEM, PROTECTED THEM.
NOW ALL GOD WE ADDED ASKING YOU LORD, TO HELP AT THIS COUNTRY, WHICH IS IN A WAR.
YOU MAY BRING YOUR PEACE THAT THE COUNTRY, ESPECIALLY WHEN WE PRAY FOR THAT, THE LEADER, PRESIDENT PUTIN STOPPED HIM TO CARE.
PEOPLE STOPPED HIM TO DO EVIL THINGS.
JEEZ, I ASK YOU, YOU ARE THE ONLY ONE THAT WE CAN ASK.
AND THEN YOU KENNEDY, YOU CAN ANSWER OUR PREOP REQUEST.
WE ASK HIM THE LORD TO BRING A PEACE IN THAT AREA.
ESPECIALLY WE PRAY FOR THOSE WHO NOT TO KNOW WHERE TO GO, WHAT TO DO.
WE PRAY FOR THEM TO GIVE US YOUR, AND YOU CONTINUE TO WATCH OVER THEM.
LORD, AS OUR BROTHERS AND SISTERS, I'M GOING TO STOP AT THIS MEETING.
THAT'S THAT DATA YOU CHEAT, RIGHT? YOU RELOAD THEM.
WE WANT TO LOAD IT TO BE SURROUNDING THEM OR WHATEVER THERE WOULD BE.
I HAD PRO ALL THE THINGS IN THE NAME OF JESUS.
WE HAVE THE FLAG CEREMONY AND THEN HIGH SCHOOL ROTC.
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WHAT'D YOU LEAVE? MR. ROGERS, WOULD YOU CALL IT REAL PLEASE? MR. SHAW THERE, MS. BAKER, MR. JAMBO HERE.THIS IS KITCHEN, MR. WEBB HERE.
AND NEXT IS I REMEMBER SIX, WHICH IS OUR APPROVAL OF MINUTES.
ITEM SIX, A WE HAVE A ONE SET OF MENSTRUAL PAROLE, UH, DATED FEBRUARY 14TH, 2022.
THERE HAS BEEN DISTRIBUTED IF THERE ARE NO CORRECTIONS, THOSE METALS STANDARDS APPROACH.
NEXT IS I REMEMBER SEVEN SPECIAL PRESENTATIONS.
THANK YOU, CITIZENS COMMENTS, NONE OF THOSE EITHER.
AND THEN DO WE HAVE ANY CITIZENS REGISTER TO SPEAK ON OF THE ITEMS? I HAVE TO ONE REGISTERED TO SPEAK ON ITEM 11, B AND ONE ON ITEM 12.
AND NEXT UP WAS I NUMBER 10, WHICH IS THE SAME AS YOUR REPORT, RIGHT? NO WORRIES.
A COUPLE THINGS FOR COUNSEL'S ATTENTION TONIGHT.
UH, ONE WITH REGARD TO A FEW ITEMS ON THE AGENDA, UH, THE ANNEX GROUP, UH, WHICH IS ON TONIGHT'S PENDING BUSINESS AGENDA.
I HAD AN OPPORTUNITY TO SPEAK WITH THEM TODAY.
THEY ARE STILL WORKING THROUGH THEIR FINAL CALCULATIONS REGARDING, UH, TAXES, UH, AND INVESTMENTS, AND, UH, THE OTHER COMPONENTS UP THERE, UH, PERFORMANCE, UH, THEY'LL BE REACHING OUT TO, UH, A LOCAL ANALYTICAL FIRM, UH, TO HELP THEM FINALIZE THAT.
AND THEY EXPECT TO BE BEFORE COUNCIL WITH A FINAL, UH, REQUEST REGARDING THEIR, UH, PAYMENT AND MOVE TAXES AND THE, UH, AND THE, UH, FINAL APPROVAL OF THEIR SITE WHEN YOU'RE, HOPEFULLY THE NEXT 30 DAYS.
UH, ADDITIONALLY, UH, TWO ITEMS ONTO THE PENDING BUSINESS, UH, ADDINGTON PLACE, UH, WHICH IS ON THE AGENDA TONIGHT.
THEY HAVE FORMALLY WITHDRAWN THE APPLICATION ASSOCIATED WITH THIS PARTICULAR PROPOSAL, UH, AND THEY WILL BE RESUBMITTING, A COMBINED, UH, BASIC DEVELOPMENT AND DETAILED DEVELOPMENT PLAN TO THE PLANNING COMMISSION, UH, ON A NEW PROPOSAL AT THIS LOCATION, WHICH WILL BE A COMBINATION OF SINGLE FAMILY HOMES, AS WELL AS THE PROPOSED DUPLEX LIMIT DO PLEX UNITS THAT WERE PART OF THIS APPLICATION, SO THAT A PROJECT HAS BEEN OFFICIALLY WITHDRAWN AND THEY ARE COMING BACK BEFORE THE PLANNING COMMISSION ON A COMPLETE PROCESS FOR THAT NEW PROPOSAL.
WE WANTED TO MAKE YOU AWARE OF THAT.
UH, FOR THOSE OF YOU WHO MIGHT NOT BE IN THE KNOW WE ARE NOW APPROACHING CRITICAL MASS AT THE MEADOWS PROJECT.
UH, WE'VE GOT A LIBRARY ON THE AGENDA TONIGHT.
YOU'VE HEARD PREVIOUSLY ABOUT, UH, THE, UH, THE HOMESTEAD GROUP, UH, DOGTOWN IS NOW MOVING FORWARD.
WE'VE GOTTEN SOME UPDATED INFORMATION FROM THEM AND SOME SCHEDULING WE'LL BE LOOKING TO CLOSE WITH THEM, UH, IN ADDITIONALLY SPECIFIC IN THEIR ASK FROM THIS BODY WHEN IT COMES TO THE TAX BENEFITS.
AND THEY WANT TO MAKE SURE THAT WHEN THEY MAKE THAT ASK, THEY'RE ASKING CORRECTLY.
AND SO THAT IS WHY THEY ARE EFFECTIVELY GOING BACK AND REBUILDING THEIR PROFORMA MODEL AND DOUBLE CHECKING THOSE NUMBERS ON BOTH PROJECTS TO MAKE SURE THAT WHEN THEY COME BACK TO THIS BODY, THEY ARE ASKING FOR THE APPROPRIATE CONSIDERATIONS FROM COUNCIL OR IF THEY NEED TO WITHDRAW THE PROJECT OUTRIGHT.
SO THEY ARE VERY CONSCIENTIOUS OF THE FACT THAT THE FUSE IS GROWING SHORT WITH COUNCIL.
SO TO SPEAK REGARDING CONTINUING TO ENTERTAIN THIS PROJECT AS IT'S CURRENTLY PRESENTED.
NO, I, I AGREE THERE AND, UH, I JUST WANTED TO STAY MY FRUSTRATION THAT IF MEMORY SERVES CORRECT, THEY HAD SUBMITTED THIS INFORMATION AROUND, UM, SEPTEMBER, OCTOBER OF LAST YEAR.
AND, UH, YOU KNOW, WE'RE STILL SITTING ON THIS WITH NO INFORMATION.
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UM, I THINK A STRONG CONVERSATION IN MY OPINION NEEDS TO BE AT EITHER THEY NEED TO WITHDRAW, UH, CONTINUE TO DO THEIR RESEARCH AND THEN RESUBMIT WHEN THEY HAVE ALL THEIR DUCKS IN A ROW.UM, UH, I MEAN, WE'RE GOING TO BE ON, I THINK, A STORK READING ON THIS ONE AGENDA ITEM, SO THAT THOSE WERE MY COMMENTS THIS EVENING.
ANY OTHER QUESTIONS OR COMMENTS FOR BRIAN? OKAY.
I'M 11 EIGHT, AN ORDINANCE DESIGNATING CONSTRUCTION NOISE DURING CERTAIN HOURS AND CIVIL INFRACTIONS AND AUTHORIZING THE CITY MANAGER TO ADOPT A FINE AND PENALTY SCHEDULE FOR SUCH INFRACTIONS BY ENACTING CHAPTER 1, 3, 2, 3 OF THE CODIFIED ORDINANCES OF THE CITY OF HUBER HEIGHTS AT THE SECOND REASON CAME TO WORK SESSION.
UM, IT LOOKS LIKE THERE WASN'T REALLY A RECOMMENDATION ONE FIELD AND MOVE FORWARD, BUT I WILL ASK, IS THERE A MOTION TO MOVE THIS FORWARD? SO IS THERE A SECOND? YES.
MA'AM I'D LIKE TO SECOND, THIS THEN I'VE PREPARED A STATEMENT.
UPON REVIEW OF THIS PROPOSED ORDINANCE DESIGNATING THE CONSTRUCTION NOISE DURING CERTAIN HOURS AS A CIVIL INFRACTION HAS PREPARED BY, UH, JERRY MCDONALD.
I WOULD ASK THAT THESE ISSUES BE ADDRESSED BY HIM.
NUMBER ONE, THE PROPOSED ORDINANCE APPEARS TO CONFLICT WITH THE EXISTING DISTURBING.
THE PEACE ORDINANCE HAS IT IS A CRIMINAL OFFENSE TO MAKE CONSTRUCTION NOISE ON SATURDAYS, BUT IT IS NOT A CIVIL INFRACTION TO MAKE THE SAME CONSTRUCTION NOISE ON SATURDAYS.
NUMBER TWO, THE PROPOSED ORDINANCE DOES NOT AFFECT THE PERSON MAKING THE CONSTRUCTION NOISE, JUST THE PROPERTY OWNERS, THE PROPOSED OR THAT'S TARGETS THE PROPERTY OWNERS WITH A CIVIL INFRACTION, BUT AS THE PROPERTY OWNER, REALLY IN CHARGE OF THE CONSTRUCTION CREWS OR IN CONTROL OF THE ACTIONS OF THE CONSTRUCTION CREWS, UH, THE PROPOSED ORDINANCE DOES NOT APPROPRIATELY AFFECT THE PERSONS, MAKING THE CONSTRUCTION NOISE.
I WOULD DIRECT REQUEST THAT THESE ISSUES BE ADDRESSED BY JERRY MCDONALD, THE CITY'S LAW DIRECTOR BEFORE THE CITY COUNCIL VOTES ON THIS PROPOSED ORDINANCE.
THANK YOU, MR. CAMPBELL DISCUSSION, I GUESS.
UM, I'D SAY MR. CAMPBELL HAS BROUGHT SOME LEGITIMATE QUESTIONS.
UM, I WOULD LIKE TO, UM, OFFER UP AN ADDITIONAL, UM, MY 2 CENTS ON THIS AFTER RECEIVING A LOT OF PEOPLE, EMAILS FROM DEVELOPERS, BUILDERS IN THIS AREA.
AND I BELIEVE THAT, UH, TWO OTHER MEMBERS' ACCOUNTS WHEN YOU WERE CARVING ON THOSE, I'M LOOKING AT THOSE AND WHAT WE'VE PROPOSED AND COMPARING IT TO THE WAY THE ORDINANCE READ BEFORE.
UM, I THINK THE HOURS WE COULD ADJUST AND WE COULD ACTUALLY ACCOMPLISH GOALS FOR, UM, FOR THE BUILDERS AND THE RESIDENTS.
AND IT SEEMED TO ME THAT DURING THE COMPLAINTS THAT WE RECEIVED, THEY'RE PRIMARILY SATURDAY MORNING AND PLANES, WE DIDN'T REALLY HEAR MUCH DURING THE WEEK.
UM, I WOULD, AND THE DEVELOPERS AND BUILDERS, THEY RECOGNIZE THEY NEED TIMES, ESPECIALLY DURING CERTAIN TIMES OF THE YEAR THAT EXTENDS, YOU KNOW, MAYBE BEFORE AND AFTER, UH, THE SUN COMES UP AND GOES DOWN.
UM, SO I WOULD LIKE TO PROPOSE OTHER THAN THE GENERAL SEVEN TO SEVEN THAT WE PUT FORWARD THAT MAYBE WE GO WITH SOMETHING MORE ALONG THE LINES OF A SIX TO EIGHT MONDAY THROUGH FRIDAY, AND THEN BACK OFF SATURDAY TO MAYBE A NINE TO FIVE THAT WOULDN'T HAVE THE BUILDERS AND OVERALL EIGHT ADDITIONAL HOURS, UM, OF ALLOWABLE WORK.
AND IT WOULD GIVE THE RESIDENTS THAT, THAT SATURDAY MORNING AND SATURDAY EVENING OF PEACE.
SO THAT WOULD BE MY RECOMMENDATION ON CHANGING NOW.
IN ADDITION TO THE ITEMS I BROUGHT UP, I AGREE THAT, UH, WHAT MR. OTTO HAS BROUGHT UP, NEEDS TO BE REVIEWED AT THE SAME TIME, MAYBE PARALLEL WITH STAFF.
SO, UM, SO WE HAVE A MOTION AND A SECOND ON THIS.
SO, UM, SO WE WOULD NEED TO ELITE, WE WOULD NEED TO VOTE WHEN THERE'S OTHER, UNLESS DON, UH, WITHDRAWALS, YOUR MOTION TO MOVE THIS TO ANOTHER WORK SESSION, TO DISCUSS THIS FURTHER WITH MORE STAFF INPUT, AND THEN THE ANSWERS FROM THE WALL DIRECTOR.
DO WE NEED A MODE OR IF WE JUST SAY WE'RE MOVING IT TO ANOTHER AGE? WELL, BECAUSE WE'D HAVE TO DEAL WITH THE MOTION TO ADOPT THAT'S BEEN MADE.
SO THAT'S, WHAT'S AROUND THEN YOU COULD CONSIDER OTHER ALTERNATIVE ACTIONS, UM, AFTER HER AND MR. , I WITHDRAW THE REASON WHY SECOND THIS WAS TO GET THE DISCUSSION TO OCCUR, BUT, UH, I'D LIKE TO HEAR FROM JERRY'S, UH, PERSON THAT'S FILLING IN, BUT, UH, YOU KNOW, I THINK AT THIS TIME THERE ARE SO MANY ISSUES IN THE TWO THAT I BRING UP, UH, I BELIEVE HER PRETTY SUBSTANTIAL ISSUES, AND IT MIGHT WARRANT A TABLING AND STAFF AND JERRY WORKED TOGETHER AND BRING SOMETHING ELSE BACK.
UM, MR. MACDONALD HAS HEARD SEVERAL CONCERNS WITH, UM, WHAT WAS PROPOSED AND
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IT WOULD BE HIS SUGGESTION THAT THIS BE, UM, PULLED FROM THE AGENDA WHILE HE CONTINUES TO DO RESEARCH AND ANALYZE THE SITUATION AND HAVE IT COME BACK AT A FUTURE WORK SESSION.I THINK I'VE MADE IT VERY CLEAR THAT I'M ABSOLUTELY TIRED ABOUT TALKING ABOUT THIS AGENDA ITEM.
UM, IT WAS IN MY OPINION THAT WE HAD THIS SEWN UP, UM, AND, UH, CONVERSATIONS WITH OUR LAW DIRECTOR AND THE POLICE CHIEF AND CITY ADMINISTRATION HAD TAKEN PLACE.
UH, IT IS APPARENT, UH, FROM, UH, UM, COUNCILMAN CAMPBELL'S, UH, CONCERNS THAT, UH, MAYBE THAT HASN'T BEEN DONE FULLY.
UM, AND, UM, I HAVE CONCERNED WITH THAT SECONDARY.
UM, I DO, UH, I DO DISAGREE, UH, WITH MR. OTTO'S TIMEFRAME ON THIS.
I THINK THE TIME ALLOTTED THAT THIS COUNCIL HAS DISCUSSED AND REVIEWED WITH OTHER COMMUNITIES IS APPROPRIATE, UM, AND NEEDS TO STAND AS WRITTEN, UM, WITH GETTING CLARIFICATION TO COUNTS CAMPBELL'S, UH, CONCERNS.
UM, I'LL BE INTERESTED TO SEE THIS AT OUR NEXT WORK SESSION.
UM, BUT I WILL STAND AGAIN AND SAY, I'M TIRED OF TALKING ABOUT THIS.
I THINK THE BUILDERS ARE TIRED OF HEARING ABOUT IT.
UM, LET'S THIS COUNCIL NEEDS TO PUT SOMETHING ON THE BOOKS THAT HAS TEETH AND MOVE ON.
UM, BECAUSE WE'VE BEEN TALKING ABOUT THIS FOR WAY TOO LONG WITH NO ACTION.
SO, SO MUCH OF THE TABLE, YOU HAVE TO REMOVE IT.
WE SHOULD HAVE A MOTION TO POSTPONE ACTION INDEFINITELY, WHICH WOULD REMOVE IT FROM THE AGENDA COULD BE BROUGHT BACK IN ANOTHER FORUM AND IT WOULD BEGIN THE PROCESS AGAIN.
UM, THE OTHER OPTION WOULD BE TO, UH, PASS IT TO AN ADDITIONAL RATING, UH, WHICH WOULD BE A THIRD READING, UM, AND ALLOW FOR SOME ADDITIONAL DISCUSSION ON POSSIBLE AMENDMENTS PRIOR TO ADOPTION.
BUT IT SOUNDS LIKE THE RECOMMENDATION FOR THE LAW DIRECTOR WOULD BE TO JUST, UH, REMOVE IT FROM THE AGENDA.
AND THAT WOULD BE AN ACTUAL, A MOTION TO POSTPONE ACTION INDEFINITELY.
IS THERE A MOTION MR. CAMPBELL? SO LUKE, ANYTHING SECOND.
SO THE MOTION AND A SECOND TO POSTPONE ACTION.
UH, ANY DISCUSSION REGARDING THAT MOTION? MS. ROGERS, MS. BAKER? YES.
AND MOTION POSTPONE CARRIES EIGHT TO ZERO.
PICKS UP THIS ITEM, 11 B ITEM 11, B, AND ORDINANCE TO APPROVE A REZONING FROM AGRICULTURAL TO PLANNED RESIDENTIAL AND A BASIC DEVELOPMENT PLAN FOR THE PROPERTY LOCATED ON THE EAST SIDE OF ALFALFA ROAD, SOUTH OF CHAMBERSBURG ROAD, AND FURTHER IDENTIFIED AS PARCEL NUMBER P SEVEN ZERO DASH 0 3 9 0 8 DASH 0 1 2 6 ON THE MCHENRY COUNTY AUDITOR'S MAP AND ACCEPTING THE RECOMMENDATION OF THE PLANNING COMMISSION AND ZONING CASE TWO ONE DASH FOUR SEVEN AT THE FOURTH READING.
SO I BELIEVE THIS IS THE ADDING COMPLAINTS PROJECT THAT BRIAN ADDRESSED IN HIS CITY MANAGER REPORT.
THAT'S BEING WITHDRAWN FROM PLANNING COMMISSION AND OTHER PLANE IS BEING RESUBMITTED THAT REAL PLANE CRASH WITH SEE SOMETIME IN APRIL.
IS THAT CORRECT? THAT IS CORRECT.
SO THAT WOULD BE GONE, BUT WE DID HAVE, UH, SOMEONE REGISTERED TO SPEAK ON SPRINKLER ITEM, SO WE WOULD NEED AN ACTION AND DEFINITELY I'LL BE HAVING TO MAKE A MOTION TO POSTPONE THIS ITEM INDEFINITELY EMOTIONALLY IN A SECOND.
AND MOTION TO POSTPONE ALSO CARRIES EIGHT TO ZERO.
AND NEXT UP IS ITEM 11, C 11, C, EXCUSE ME.
AND WE'RE NEXT TO A PREPPER REZONING TO PLAN RESIDENTIAL BASIC DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 6 5 0 2 I'LL DRIVE.
I CAN FURTHER IDENTIFY IT AS PERSONAL 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 OF THE PLANNING COMMISSION AND ZONING CASE TWO ONE DASH THREE FOUR AT THE PEST RATING.
UH, I ALSO BELIEVE BRIAN, THIS WAS THE ANNEX GROUP PROJECT THAT WE'RE, WE'RE WAITING FOR FURTHER INFORMATION.
SO MY RECOMMENDATION TO, UM, IF YOU BELIEVE THIS IS GOING TO BE WITHIN 30 DAYS, I THINK, UH, I WOULD BE OKAY, GIVING THIS ABOUT THE END OF MARCH BEFORE WE TAKE ACTION ON THIS, TO SEE WHAT THEIR FINAL, UM, OR THEIR FINAL PROPOSAL TO, TO THIS COUNCIL IS.
UM, THE WORK SESSION RECOMMENDATION WAS TO PASS THIS ON TO THE SIX READING.
YOU'VE GIVEN US SOME MORE INFORMATION NOW.
UM, SO YOU, SO WE COULD EITHER MOVE THIS ON TO THE SIX RATING AS WAS THE RECOMMENDATION, AND THEN, UM, FIX, WE'LL HEAR BACK FROM THEM.
UH, I SAID ONE MORE TIME, BUT I THINK, I THINK WE NEED A RESOLUTION ON THIS AS WELL, BUT IF YOU'VE BEEN IN COMMUNICATION WITH THEM AND YOU BELIEVE THAT THEY WERE ACTIVELY WORKING FOR SOLUTION, THEN
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I'M OKAY, MOVING THIS ON UNTIL WE FIND OUT WHAT THAT SOLUTION IS.I WOULD AGREE WITH YOUR SUGGESTION TO THE END OF THE MONTH THAT IF WE DON'T HAVE ANYTHING DEFINITIVE FROM THEM BY, BY THAT, I, I THINK IT'S TIME FOR COUNSEL ACTIVE AND REMOVED THE MATTER.
UM, JUST BRIAN, DID YOU EARLIER SAY THAT THEY WEREN'T LOOKING TO GO BACK TO PLANNING COMMISSION TO RESUBMIT A DIFFERENT TYPE OF, THAT WAS THE PREVIOUS PLANS THAT WAS THE PREBIOTICS IN PLACE.
I THINK THERE'S, AND THEY'RE STILL WAITING FOR THEIR TAX STRUCTURE OR WHATEVER, SO, OKAY.
WHAT'S THIS RECOMMENDATION WAS IT PASSED THIS ITEM ON 2 86, 3, ANY OBJECTIONS? OKAY, SO WE'LL DO AN EXTRA ITEM, 1280 UNDER OUR NEW BUSINESS.
MR. ROGER ITEM 12 AREA PUBLIC HEARING SCHEDULED FOR FEBRUARY 28TH, 2022.
OR HAVE YOU BRIDE CITY COUNCIL FOR ZONING CASE TWO, TWO DASH ZERO FIVE.
THE APPLICANT IS REQUESTING APPROVAL OF A COMBINED BASIC AND DETAILED DEVELOPMENT PLAN FOR FOUR ACRES OF PROPERTY LOCATED AT 62 43 BRAND PRI FOR THE CONSTRUCTION OF A NEW LIBRARY.
SO A PUBLIC HEARING WAS SCHEDULED FOR FEBRUARY 28TH, 2022 BY THE HUMAN RIGHTS CITY COUNCIL PRESENT IN CASE 22 DASH ZERO FIVE IS NOW OPEN.
UH, SO NEXT I WOULD CALL ON OUR CITY STAFF TO MAKE THE INITIAL PRESENTATION.
UH, MY APOLOGIES THAT MR. SORELLA INTERIM PLANNER COULD NOT BE HERE TONIGHT.
UNFORTUNATELY HE HAD ANOTHER, UH, ENGAGEMENT, UH, THIS PRESENTATION WILL, UH, HOPEFULLY LOOK SIMILAR AS, UH, IT WAS REVIEWED WITH COUNSEL AT THE WORK SESSION, UH, AND WAS PRESENTED TO THE PLANNING COMMISSION, UH, AT THE INITIAL APPLICATION FOR BOTH THE BASIC AND DETAILED DEVELOPMENT PLAN.
UH, THE PARTICULAR PROJECT IN QUESTION IS THE LIBRARY.
AND, UH, IN THIS PARTICULAR INSTANCE, IT WOULD BE A 26,000 SQUARE FOOT STRUCTURE.
UH, IT'S LOCATED ON APPROXIMATELY FOUR ACRES IN HIS OWN, UH, MIXED USE.
UH, SO THIS IS INAPPROPRIATE USE FOR THAT PARTICULAR ZONING DISTRICT.
UH, THE LOCATION WHERE THE STRUCTURE IS PROPOSED IS CURRENTLY VACANT AND FORMERLY SERVED AS A PARKING AREA FOR MYRIAD MYRIAD, A STRIP MALL, UH, AND, UH, ADJACENT LANDS ARE ALSO ZONED APPROPRIATELY AS PLANNED MIXED USE.
UH, THIS BRANCH IS ONE OF THE LIBRARY'S LAST PARTICULAR, OR ACTUALLY LAST CONSTRUCTED BRANCHES AS PART OF THE PROGRAM.
UH, AND THAT PROGRAM, UH, IS, UH, MORE THAN $185 MILLION AND BEGAN SEVERAL YEARS AGO, BACK IN 2012, UH, SOME MORE PARTICULARS ABOUT, UH, THIS PARTICULAR SITE, EXCUSE ME, THERE, UH, THIS PARTICULAR SITE, UH, IT IS, UH, AS I SAID, THAT 26,000 SQUARE FEET PLUS AT ITS HIGHEST PEAK, IT'S JUST ABOUT 34 FEET TALL.
UH, AND, UH, THE CURB CUT FOR THIS PARTICULAR LOCATION WILL NOT BE LOCATED ON A RANT, UH, BUT IN THIS CASE OFF OF MIAMI VALLEY WAY, UH, TO HELP IMPROVE TRAFFIC FLOW, UH, ON BRAND AND PROVIDE, UH, INGRESS AND EGRESS, UH, IN A SAFER MANNER FOR LIBRARY PATRONS, UH, THERE IS A SMALL ENCROACHMENT OF THE FACILITY INTO THE PUBLIC RIGHT AWAY, UH, FOR ARCHITECTURAL PURPOSES.
UH, AND THAT PARTICULAR ENCROACHMENT WAS, UH, SUPPORTED BY THE PLANNING COMMISSION, UH, WHEN IT WAS UP BEFORE THEM FOR APPROVAL.
AND WE'LL, UH, WE PROVIDE A VISUALIZATION OF THAT HERE IN JUST A MOMENT.
UH, THEN, UH, ADDITIONALLY THERE WAS AN ALTERNATIVE LANDSCAPING PLAN HERE FOR THIS PARTICULAR PROPERTY.
UH, THE, UH, THE ARCHITECT AND THE LIBRARY, UH, PROPOSED A LANDSCAPE PLAN, WHICH INCLUDE, UH, SIGNIFICANT AMOUNTS OF SHRUBBERY, UH, IN PLACE OF A, I BELIEVE IT WAS TWO TREES, UH, IS WHAT, UH, IS MISSING FROM THE REQUIREMENTS OF THE, OF THE CODE.
AND THAT, THAT CHANGE WAS ALSO ENDORSED BY THE PLANNING COMMISSION AT THE TIME OF THE PRESENTATION.
UH, THIS IS, UH, THE, UH, OVERALL, UH, OVERHEAD VIEW, UH, BASIC DESIGN PLAN.
WE SHOULD BE BASIC CYCLING OF THE FACILITY.
UH, AND YOU COULD SEE, UH, FROM THIS PARTICULAR PLAN, UH, IN AND AROUND THE SITE, UH, THERE IS, UM, UH, SIGNIFICANT, UH, VEGETATION THAT'S BEEN ADDED.
UH, AND, BUT YOU WILL ALSO NOTE THAT, UH, THERE IS A SIGNIFICANT AMOUNT OF GREEN SPACE BEING ADDED TO THE PROJECT AS WELL, CONSIDERING THE CURRENT LOCATION IS ALL PAVED ASPHALT.
UH, YOU'LL ALSO NOTE, UH, ON THE RIGHT-HAND SIDE OF THE PLAN AS PART OF THAT ARCH IS WHERE THE STRUCTURAL APPROACHMENT, UH, INTO THE RIGHT OF WAY IS I BELIEVE THE QUESTION WAS ASKED AT THE LAST WORK SESSION WHEN MR. WAS HERE, UH, THE APPROXIMATE DISTANCE, UH, OF THAT IMPROVEMENT.
AND I BELIEVE THAT IT WAS 16 FEET, I THINK IS THE NUMBER THAT SOUNDS, UH, CORRECT, UH, INTO THE RIGHT OF RIGHT.
UH, HERE IS, UH, HERE'S AN ELEVATION SHOT OF THAT FACADE, THE FRONT FACADE.
SO THIS WOULD BE, UH, IF I WERE LOOKING FROM WHAT WOULD BE THE, UH, UH, THE MIAMI VALLEY WAY, UH, BRAIN INTERSECTION, I'M LOOKING SOUTH, UH, FIVE MORE STRAIGHT ON FROM THAT OVAL DRIVEWAY, UM, LOOKING WEST, UH, AND THEN
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TO THE NORTH, UH, AND LAST FROM ON-SITE LOOKING, UM, LOOKING NORTH AT THE SOUTH EDGE OF THE BUILDING AND THEN THE EAST ROTATION HERE FOR COUNCIL'S CONSIDERATION.UH, HERE'S THE MORE DETAILED, UH, DESIGN PLAN.
AND YOU CAN SEE ON THE FAR RIGHT-HAND SIDE, UH, THIS ARCH OUT ON GRANT PIKE IS SIGNIFICANTLY LANDSCAPED, UH, WITH, UH, WITH LOW HEIGHTS SHRUBBERY, UH, IN AND ABOVE THE REQUIREMENTS THAT WE WOULD NORMALLY SEEK.
UH, AND THAT IS WHY THE LIBRARY HAD, UH, HAD SOC UH, THE LOWER REQUIREMENT, WHICH WAS PROVIDED BY THE PLANNING COMMISSION AND ITS RECOMMENDATION TO THIS BODY, TO A FEW OF THE COMMENTS EARLIER, UH, THE, UM, THE PROPOSED DEVELOPMENT, UH, REDUCES THE IMPERVIOUS SERVICE AS WE TALKED ABOUT, UM, UH, REDUCING THE RUNOFF TO OTHER PARCELS IN AND AROUND THE SITE.
UH, THE ZONING CODE REQUIRES 122 SPACES, UH, AND IN THIS PARTICULAR INSTANCE, THE LIBRARY IS OVERBUILT, UH, AND THAT IS FOR A COOPERATIVE SHARING PURPOSE, UH, WITH THE CITY OR FOR, UH, POTENTIAL ADJACENT USES.
UH, THERE IS A PEDESTRIAN ENTRANCE OFF OF BRAND PIKE, UH, FOR, UH, THOSE THAT UTILIZE THE RTA TO BE ABLE TO ACCESS THE FACILITY WITH EASE RATHER THAN HAVING TO COME AROUND FROM THE PARKING LOT SIDE ON WHAT WOULD BE THE WEST SIDE OF THE BUILDING.
THERE WAS NO SIGN PACKAGE SUBMITTED WITH THIS PARTICULAR PROPOSAL, AND IT WAS RECOMMENDED THAT THE LIBRARY DO RETURN FOR, UH, APPROPRIATE SIGNAGE.
UH, BUT THERE WERE, UH, EXCUSE ME, THERE WAS ONE PARTICULAR WALL SIGN ASSOCIATED WITH THE SUBMITTAL, UH, HAD 35 SQUARE FEET, UH, IS, UH, IS THE ASSIGNED A SQUARE FOOTAGE FOR THAT PARTICULAR PROPOSAL.
UH, SO EXCUSE ME, IT WAS AT 16% OF THE BUILDER PRINTED ENCROACHES INTO THE SETBACK.
MY APOLOGIES, UH, AND, UH, THE OVERALL, UH, FACADE IS APPROXIMATELY 270 FEET LONG.
UH, I WOULD NOTE THAT, UH, THE FACADE ITSELF IS A COMBINATION OF MIXED MATERIALS, UH, AND THAT MIXED MATERIAL COMBINATION IS A REFLECTION OF THE DESIGN PACKAGE OF ALL THE LIBRARIES WITHIN THIS, UH, WITHIN THIS REDEVELOPMENT OR THIS, UH, THIS RE UH, REBIRTH, UH, INITIATIVE, UH, FROM THE 2012 BOND, UM, CONCEPT.
UH, WE TALKED ABOUT, UH, THE ENCROACHMENT BEING MINOR FROM, UH, THE POINT OF COMMISSIONS PER SECTION B FROM PLANNING STAFF'S PERSPECTIVE, UH, WHICH IS THE RECOMMENDATION THAT WAS MADE TO PLANNING COMMISSION.
UH, AND ADDITIONALLY, UH, AS I SAID, I'VE IS CONSISTENT WITH THEIR OTHER DESIGN BRAND.
UH, THE FACADE IS A COMBINATION OF MULTIPLE STRUCTURES, AS I NOTED, UH, IN 22%, UH, SHOULD BE 22% IS BRICK AND 35% IS, UH, UH, STOREFRONT CURTAIN WALL, UH, WITH 40% STANDING SEAM AND 2% ACM PANEL.
UH, THE RECOMMENDATION FROM STAFF, UH, FOR THE BASIC AND DETAILED DEVELOPMENT PLAN, UH, WAS THAT THE PLAN SHOULD BE APPROVED, UH, CONDITIONED ON, UH, FULL POINTS.
THOSE FOUR POINTS BEING THAT ADDITIONAL SIGNAGE, UH, BE SUBMITTED.
AND, UH, THOSE SUBMITTALS BE CONSISTENT WITH THE PLANNING AND ZONING CODE, UM, THAT ALL STORM WATER REQUIREMENTS BE COMPLIED WITH FOR THE CITY ENGINEER AND THAT ANY, AND ALL ISSUES PRESENTED BY THE FIRE DEPARTMENT, UH, ALSO BE BROUGHT INTO COMPLIANCE, UH, AND THAT, UH, THE REVISED, UH, SIPHONED LANDSCAPE PLAN WILL REFLECT ALL THE CONDITIONS OF THE PLANNING COMMISSION, UH, WHEN WE SUBMITTED, UH, FOR, UH, FOR FINAL APPROVAL.
UH, THAT IN A NUTSHELL, SIR, IS THE PRESENTATION, UH, PLANNING COMMISSION, AS I SAID, UM, RECOMMENDED UNANIMOUSLY.
AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS THAT I CAN, UH, AND THERE IS ALSO REPRESENTATIVES FROM THE, UH, FROM THE APPLICANT HERE TO ADDRESS THOSE MATTERS THAT I CANNOT GOOD.
WE FOLLOW THE CAMERA PROCEDURE HERE ON THE NEXT CALL ON AIR PRESENTED BY LWCC INCORPORATED NOW TO MAKE ANY COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION HAS BEEN SHARED ALREADY.
JOHN, HOW ARE YOU, SIR? HOW ARE YOU DOING, SIR? VERY GOOD.
I THINK HE'S PRESENTED PRETTY, PRETTY MUCH THE PROJECT AS IT IS.
I DON'T KNOW IF THERE'S ANY QUESTIONS THAT I CAN HELP ANSWER.
UH, IF THERE IS, SO THERE'S NOTHING THAT YOU HAVE SPECIFICALLY TO ADD TOOLS ALREADY SAID, WE'LL JUST GO THROUGH THE PROCEDURE AND THEN THE QUESTIONS WILL QUESTIONS MAY COME UP ONCE WE GET TO COUNCIL TO COUNCIL QUESTIONS.
UM, SO, SO I CALL HIM A WALL DIRECTOR, MAKE ANY COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION.
WAS THERE ANY FROM, FROM THE PROJECT? I HAD NO COMMENTS.
UH, SO WE'RE CALLING IT A REPRESENTATIVE TO SAY IF YOU WERE TO MAKE ANY COMMENTS FROM FINDING ADDITIONAL INFORMATION, UM, AT THIS POINT, SO I DON'T THINK THERE'S ANY OTHER CITY REPRESENTATIVES UNTIL WE GET TO OUR CITY COUNCIL COMMENTS.
IS THERE ANYONE HERE PRESENT, WHO WISHES TO SPEAK IN FAVOR OF APPROVAL OF THE STRAGGLERS ZONE IN CASE THEIR OWN PRESIDENT WISHES US TO GET AGAINST THE APPROVAL OF THIS PARTICULAR ZONE IN CASE YOU THINK NEXT I'D CALL NUMBERS, THAT HE WRITES
[00:30:01]
TO THE COUNCIL AND MAKE ANY COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION, NANCY? YES.UM, THE LIBRARY WILL HAVE RESPONSIBILITY FOR MAINTAINING THE DETENTION POD.
I THINK THE DETENTION POND IS OFF OF THE LIBRARIES ABOUT PROPERTY.
I MEAN, THE LIBRARY IS DESIGNING THE SITE, UH, WITH, UH, WATER IN MIND IN TERMS OF ACCUMULATING AND ALL THAT.
BUT THE DETENTION POND IS OUTSIDE THAT PROPERTY, CORRECT.
UM, THE RETENTION POND WILL BE A COMPONENT OF THE HOMESTEAD PROJECT, WHICH IS IN PARTNERSHIP WITH THE CITY.
IT HAS AN ABILITY OR WILL BE DESIGNED TO TAKE SURFACE WATER FROM THIS PROJECT, IF THAT IS AN OPTION THAT THE LIBRARY WOULD LIKE TO UTILIZE THAT TO THE BEST OF MY KNOWLEDGE AT THIS POINT IN TIME, THE LIBRARY IS MAKING OTHER ARRANGEMENTS WITH RESPECT TO THEIR STORM WATER MANAGEMENT.
MA'AM I JUST HAD ONE QUESTION, UM, ON THE DRAWINGS, IS THERE GOING TO BE A DRIVEWAY IN THE FRONT OR, CAUSE THAT'S WHAT IT LOOKED LIKE TO ME, A DRIVEWAY, ESPECIALLY LANDS OKAY.
IN THE FRONT, THERE IS A, UH, ADA RAMP AND STEPS TO GETTING TO THE FRONT DOOR, BUT THIS WAY IS ACTUALLY A HEAVY LANDSCAPE, LOW LANDSCAPE AREA.
ANY OTHER QUESTIONS FROM COUNCIL? YES.
MA'AM UH, UM, JUST TO GET IT DOWN PART OF THE PUBLIC, KAREN MENTIONED A CHANGE MINOR CHANGE TO THE PARKING LOT.
ONCE HER PARK ROAD TURNING RADIUS AT THAT, UH, NORTH ENTRANCE.
DO YOU WANNA MAKE A STATEMENT TO THAT? ADJUSTER COULD HAVE DONE A PUBLIC HEARING HERE YOU'RE SENDING IS, IS THAT THERE WAS A MINOR ISSUE WITH RESPECT TO THE TURN, UH, TURNTABLES AND THE RADIUS OF THAT PARTICULAR DRIVEWAY OFF OF, UM, UH, WAS AT THE DRIVEWAY OFF OF, UH, UH, MIAMI VALLEY WAY.
I DON'T KNOW WHY THAT ESCAPED ME, BUT IT DID.
UH, AND SO THAT IS A MODIFICATION THAT WILL NEED TO BE MADE MINOR MODIFICATION.
THAT'LL NEED TO BE MADE TO THE PLAN WHEN IT'S FINALLY ENDORSED BY OR FINALLY SIGNED OFF ON BY.
ANY OTHER QUESTIONS OR COMMENTS? OKAY.
WELL, MY SON WOULD ASK IF THERE WAS ANYONE PRESENT WHO WISHES TO SPEAK IN FAVOR OF, OR AGAINST THE APPROVAL OF THIS ISSUE.
AND BARBECUE, UH, BARRING ANY FURTHER COMMENTS, THE PUBLIC HEARING, THE CITY COUNCIL PLANNING COMMISSION CASES, DC 22 DASH ZERO FIVE THIS YEAR BY CLOSED AND NEXT WE HAVE ITEM 12, B ITEM 12 B AN ORDINANCE TO APPROVE A BASIC AND DETAILED DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 62 43 BRAND PIKE AND ACCEPTING THE RECOMMENDATION OF THE PLANNING COMMISSION AND ZONING CASES.
TWO 10 DASH ZERO FIVE AT THE FIRST READING BRIAN, ANY ADDITIONAL COMMENT? UH, YES, SIR.
UH, JUST A FEW ON THIS PARTICULAR LEGISLATION, WE WOULD ASK THAT COUNCIL PASSED THIS, UH, TONIGHT, WAIT A SECOND READING, UH, AND ADOPT AND ADOPT AS AN EMERGENCY.
THIS IS A MEASURE THAT WAS REQUESTED BY THE LIBRARY SO THAT THEY CAN COMMENCE, UH, THEIR CONTRACT WITH THEIR BUILDER, UH, AND BEGIN SITE DEVELOPMENT, UH, AS QUICKLY AS POSSIBLE.
UH, SO TO WORK SESSION RECOMMENDATION WAS TO LEARN THE SECOND READING AND ADOPT THIS ITEM.
WE WEREN'T PREPARED TO DO THE MATH OR THE EMERGENCY PARTS OF IT.
THAT'S GOING TO REQUIRE AN AMENDMENT.
SO WE NEED A MOTION TO AMEND FIRST THEN AS TO ADD THIS AS EMERGENCY LEGISLATION AND JUST PROCEDURALLY JERRY SUGGESTED THAT PASS THAT WE HAVE WHEN WE DO IT, MATT LET'S HAVE IT IN WRITING, BUT WE'LL JUST HAVE TO KIND OF DO IT ON THE FLY.
UM, UH, THE AMENDMENT WOULD BE TO IMAM THE TITLE TO ADD AND DECLARED AN EMERGENCY.
AND THAT WOULD BE TO ADD ANOTHER SECTION TO THE, UM, ORDINANCE THAT WOULD INCLUDE THE EMERGENCY CLAUSE WOULD BE TO, UM, ACTUALLY BE, AS I STATED AT THE CHANGE TO THE TITLE AND THEN CHANGING SECTION THREE, UM, TO, UH, INCLUDE THE EMERGENCY CLAUSE.
AND MY APOLOGIES, THE LEGISLATION HAS PRESENTED IS THE LEGISLATION THAT WAS RECOMMENDED BY COUNCIL OR EXCUSE ME, WAS RECOMMENDED BY STAFF AND WAS THE, THE LEGISLATION THAT WAS, UH, RECOMMENDED BY COUNCIL.
MY APOLOGIES, AND THE FACT THAT I WAS UNDER, I HAD THOUGHT THAT THE LEGISLATION HAD BEEN DRAFTED AS AN EMERGENCY, WHICH IS WHY I MADE MY COMPETENCE.
SO THE FACT THAT IT IS DRAFTED AND, UH, AS IT IS PRESENT ONLY TO WAIVE THE SECOND READING.
SO MY APOLOGIES FOR ANY CONFUSION ON THE
[00:35:01]
COMMENTS, UH, I WAS, UH, I WAS RECALLING THAT LEGISLATION FROM INCORRECTLY, SO WE WOULD NEED THEM, THE MOTION OF MAN FOR THAT PURPOSE WOULD BE THE FIRST QUESTION.SO, SO LET ME THROW OUT, ARE WE REQUESTING YOU, DO WE NEED TO MOTION FOR THAT POLL OR THAT WE JUST NEED A MOTION TO WAIVE THE SECOND WEEK? YOU JUST NEED A MOTION TO WAIVE THE SECOND READING? MY APOLOGIES.
I, I HAD RECALLED THE LEGISLATION BEING DRAFTED AS AN EMERGENCY MEASURE, BUT IT WAS NOT.
SO THAT WAS MY INCORRECT, UH, RECALL GOING TO GO AND WE JUST SEE THE MOTION THE WAY, THE SECOND REASON THAT IS CORRECT.
IS THAT WE, UH, WAIT THE SECOND RATING.
IT WAS BECKER SECOND EMOTIONAL SECOND TOY.
IS THERE ANY DISCUSSION ON WAIVING SECOND READING, MR. ROGERS.
AND MOTION CARRIES SEVEN TO ONE AND NEXT STUDENT, A MOTION TO ADOPT MOTION TO A DUB FOR A SECOND AS BAKER.
SECOND, A MOTION A SECOND FOR ADOPTION.
HE WRITES IS FINALLY GETTING A LIBRARY.
THE LIBRARY PICKS UP THIS ITEM 11, I'M SORRY, 12 C A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENGAGE.
LWCC INC TO PROVIDE A SPACE NEEDS ASSESSMENT FOR CERTAIN CITY OPERATIONS AT THE FIRST GRADE, UH, TOPICS.
UH, IN RESPONSE TO COUNCIL, UH, DELIBERATION ON THIS PARTICULAR MATTER EARLIER, THIS RESOLUTION WOULD EMPOWER STAFF TO ENGAGE IN LWCC TO REFORM A NEEDS ASSESSMENT, LARGELY ASSOCIATED WITH OUR DESIRE TO LOCATE A SENIOR CENTER, UH, IN THE MEADOWS.
UH, BUT THEN TO ALSO LOOK AT THE OTHER SPACE NEEDS OF THE CITY IN PARTICULAR AT THIS FACILITY, AS WELL AS A FEW OTHER LOCATIONS, TO ENSURE THAT WE CAN UTILIZE AND RENOVATE THOSE FACILITIES APPROPRIATELY AND CORRECTLY.
AND KIM RECOMMENDATION WOULD WORK SESSION WAS TO ADOPT THE SAME AS YOU THINK.
IS THERE A MOTION MS. BERG? I MOVED TO THE SECOND MS. KITCHEN OR A MOTION AND A SECOND.
IS THERE ANY DISCUSSION? UM, BRIAN, I WOULD ASK, UM, THE, UH, NOTES IN THE PACKET SAID THAT, UH, THAT LWCC WOULD WORK WITH STAFF TO IDENTIFY, UM, REQUIREMENTS.
AND I WOULD ASK THAT WITH RESPECT TO THE SENIOR CENTER THAT THEY GET WITH THE BOARD OF, UH, THE BOARD OF DIRECTORS AT THE SENIOR CENTER VERSUS THE STAFF REPRESENTATIVE OF EIGHT SHE'S VERY MUCH INVOLVED, BUT TO GET WITH THE BOARD BECAUSE THEY ACTUALLY KNOW THAT IT NEEDS, WE HAD ED, WE HAD INTENDED FOR THEM TO MEET WITH REPRESENTATIVES OF THE SENIORS.
SO THAT PARTICULAR COMPONENT WOULD NOT BE STAFF-DRIVEN.
THAT WOULD BE SENIOR USER-DRIVEN.
NEXT UP AS ITEM 12, D ITEM 12, D A RESOLUTION ADOPTING A STATEMENT INDICATING THE SERVICES, THE CITY OF HUBRIS RIGHTS OHIO WILL BE PROVIDING TO THE TERRITORY PROPOSED TO BE ANNEXED TO THE CITY OF YOUR BRIDES.
PURSUANT TO A PETITION, FILED WITH THE BOARD OF COMMISSIONERS OF MIAMI COUNTY, BY LANDOWNERS AS DEFINED BELOW.
AND THAT'S PROVIDED BY OHIO REVISED CODE SECTION 7 0 9 0.023 AT THE FIRST STREET, IF I CALL HIM BRIAN FOR COMING.
JUST AS PREVIOUSLY DISCUSSED WITH CITY COUNCIL, UM, WITH THE LAW DIRECTOR OF THIS PARTICULAR ITEM IS A MATTER OF STATUTORY OBLIGATION, UH, IN THE STATE OF OHIO AND AS SUCH, IT IS REQUESTED THAT COUNCIL ADOPT THIS IN PARTICULAR REGISTERED LEGISLATION.
I KNOW WE HAVE A SPEAKER ON THE SIDE OF HIM TOO.
UM, AND WE WERE, WE WILL GET TO THAT, BUT THIS ITEM FIRST, THE RECOMMENDATION TO PORK SECTION WAS TO ADOPT.
IS THERE A MOTION, MS. BERTRAND? IS THERE A SECOND? MRS. BAKER, WE HAVE A MOTION AND A SECOND.
SO NOW IT'S OPEN FOR DISCUSSION.
UH, WE HAVE A SPEAKER, A BATHROOM IN HERE.
UM, THAT'S A TOWNSHIP TRUSTEE.
THAT'S A TOWNSHIP LONGTIME RESIDENT.
WE'VE GOT THE SAME ISSUE IN FRONT OF US THAT WE HAD, UM, BACK IN SEPTEMBER.
[00:40:01]
AND IF YOU RECALL, UM, JEFF GORE MADE A OCEAN TO SEE IF HE COULD RESEND THIS, UH, SERVICE AGREEMENT FOUR WEEKS AFTER YOU PASSED IT, INITIALLY THE MORE OR LESS THE SAME PARCEL.UM, SO I GUESS I'M JUST QUESTIONING IF YOU COULD, BEFORE YOU VOTE ON IT.
THIS TIME, IF YOU WOULD JUST VOTE TO TABLE IT OR PUSH IT OUT TO A LATER DATE, I WAS NOT FAMILIAR THAT YOU WERE STATUTORILY OBLIGED TO DO THIS.
UM, I DON'T KNOW WHY THEY WOULD BE OBLIGED TO DO IT.
MAYBE YOU'RE OBLIGED TO SAY, YOU COULD SAY NO, BUT, UM, THIS IS 260 ACRES.
UM, I DON'T KNOW WHO'S IF ANYBODY REALLY KNOWS WHAT THE DEVELOPER IS PLANNING TO DO THAT HER RUMORS, BUT 900 EXTRA HOMES.
AND THAT'S WHAT TOWNSHIP, THAT'S WHAT IT ENDS UP BEING IS A LOT, A LOT OF NEW STUDENTS IN OUR SCHOOL AND NEW PEOPLE ON OUR ROADS AND WE HAVEN'T INFRASTRUCTURE CONSIDERATIONS TO MAKE, TO, TO CREATE BECAUSE OF THOSE EXTRA PEOPLE.
UM, WE HAVE REACHED OUT TO YOU VIA ROYAL TO, UM, HOPEFULLY REACH AN AGREEMENT WITH THE CITY OF HUBER HEIGHTS ABOUT THIS ANNEXATION BEFORE, UM, YOU WROTE ON THE SERVICES AGREEMENT WOULD BE PREFERABLE.
AS YOU KNOW, THIS IS A TYPE TWO EXPEDITED ANNEXATION, THERE'S SEVEN CONDITIONS THAT HAVE TO BE MET.
AND THIS ITEM THAT YOU WERE VOTING ON TONIGHT IS ONE OF THOSE CONDITIONS.
SO I WOULD RESPECTFULLY REQUEST THAT YOU TABLE DON'T EVEN VOTE ON IT.
DO IT ANOTHER TIME, GIVE UP WITH THE DEVELOPMENT ELSEWHERE.
UM, I KNOW THAT IT'S A LONG SHOT.
UM, AND AS I SAID BEFORE, WE ENJOY BEING NEIGHBORS WITH YOU.
WE JUST DON'T WANT TO BE HUBER HEIGHTS.
SO THANK YOU VERY MUCH FOR LISTENING EXPRESS THE REQUEST THAT YOU DON'T VOTE ON THIS TONIGHT.
RICHARD, THANK YOU FOR, UM, MARIN HAS COME TO MY ATTENTION.
NOW, I'M GOING TO ASK THAT THE, UH, MOTION, UH, FOR THE PERSON SECOND W WITHDRAWN AND THIS ITEM GO BEFORE AN ADDITIONAL WORK SESSION AS IT IS, IN MY OPINION.
THIS MATTER NEEDS TO BE REVIEWED BY OUR LAW DIRECTOR AS THE AFFIDAVIT INDEED.
UM, THAT IS AN EXHIBIT A IN FRONT OF US HERE TONIGHT, UM, IS INCORRECT, UM, AS PRESENTED IN THE APPLICATION FORWARDED BY OUR CLERK OF COUNCIL OF 4 21, UH, THIS AFTERNOON.
UM, ADDITIONALLY, THE SURVEYOR, UM, ON THE EXHIBIT ONE INFORMATION THAT'S IN FRONT OF US AS DATA DIFFERENTLY THAN THE, UH, PETITIONS APPLICATION TO THE MIAMI COUNTY COMMISSIONERS, WHICH PROVIDES A DIFFERENT, UH, AFFIDAVIT, DEED AND, AND INFORMATION PROVIDED IN THE SERVICE AGREEMENT LETTER, UH, WHICH WERE THERE FOR MAKE IT INVALID IN MY OPINION.
HOWEVER, I'D LIKE HIS FULL REVIEW ON THAT.
UM, PRIOR TO THIS COUNCIL VOTE, BECAUSE I BELIEVE THE LAST THING, AND IT'S BEEN SAID BEFORE, BY MANY, WE WANT TO MAKE SURE WE DO THINGS CORRECTLY, ILLEGALLY.
THEY CAN MIRROR THEIR OPINION FROM, I APOLOGIZE, MR. SHAW, I WAS NOT COPIED ON THAT COMMUNICATION.
SO I'M NOT ABLE TO RESPOND TO WHAT YOU ARE DISCUSSING.
AND YOU ALSO WENT THROUGH THAT VERY QUICKLY.
SO I'M NOT SURE THAT I EVEN CAPTURED ALL OF WHAT YOU WERE OBJECTING TO ONE MOMENT.
UM, IT'S MY UNDERSTANDING THE PETITION WAS FILED TODAY.
AND UNDER THE STATUTE, YOU MUST, IT'S A SHOWER.
THE CITY SHALL, UM, FILED A STATEMENT WITHIN 20 DAYS.
SO THAT IS A STATUTORY OBLIGATION.
UM, AGAIN, I'M NOT QUITE SURE WHAT YOU ARE COMMENTING ON, BUT THERE IS A STATUTORY OBLIGATION OF THE 20 DAYS AFTER THE FILING A PETITION.
MAYOR, IF I MAY JUST REFER THE CLARIFICATION, UM, THE INFORMATION IN FRONT OF THIS COUNCIL PROVIDES THE BEAD AFFIDAVIT AND, UH, AND SERVING INFORMATION, UM, AS APPLIED FOR THE SERVICE AGREEMENT LETTER.
UM, THERE WAS NO COMMUNICATION SENT OUT.
THE COMMUNICATION SENT THAT WAS FROM OUR CLERK OF COUNCIL FOR 21 THIS AFTERNOON, NOTIFYING THIS COUNCIL THAT A, AN OFFICIAL, UH, PETITION HAD BEEN FILED.
THAT INFORMATION WILL NOT PETITION DIFFERS FROM THE INFORMATION IN FRONT OF THIS COUNCIL.
UM, AS IN REGARDS TO THE STATE DEED AND PENN INFORMATION, UM, IN REGARDS TO THE TOTAL NUMBER OF ACREAGE, UM, ADDITIONALLY, THE SURVEYOR'S, UM, UH, DATE ON BOTH LETTERS, UM, IS DIFFERENT.
UM, AND I BELIEVE THAT CAUSES A, THAT'S A CAUSE FOR CONCERN THAT THIS COUNCIL SHOULD REVIEW, UM, PRIOR TO MOVING THIS FORWARD, UM, AS A LAW DIRECTOR, UM, UH, UH, THAT IS HERE WITH US TONIGHT AND STATE, WE HAVE 20 DAYS TO DO THAT.
I THINK, UH, I THINK IT'S A PROVEN THAT WE, UH, AT LEAST TAKE THE, UH, WORK SESSION TO GET OUR LAW DIRECTOR'S FULL OPINION AND REVIEW ON THAT MATTER.
UH, THE DOCUMENT SAYS, UH, THAT IT CONSISTING OF 260 PLUS 360 9 PLUS OR MINUS ACRES MORE OR LESS.
[00:45:01]
BE AMENDED UP OR DOWN.UM, ACCORDING TO THE LATEST THING, EACH OF THESE, UH, SURVEYS AS YOU CALL THEM, UH, WAS DONE AT A DIFFERENT TIME.
SO EACH ONE IS CERTIFYING EACH ONE OF THOSE, THE DATES WOULD NOT BE THE SAME AND THE REST OF IT IS JUST DEFINING ALL THE PROPERTY OWNERS AND WHERE THE, UH, THE PEGS ARE THAT SHOW THE, UH, UH, THE SPECIFIC LOCATIONS ON THE CORNERS OF THE LOT.
SO I DON'T SEE ANY REASON TO, UM, HOLD THIS UP AND I'M SURE IF, UH, THIS, THIS, UH, IF THERE WAS SOME PROBLEM THAT MR, UM, THAT OUR LAW DIRECTOR WOULD HAVE, UH, PROVIDED THAT INFORMATION TO, TO THE YOUNG LADY HERE, MARIJUANA.
THE, UH, THE RESERVING AN INFORMATION I'M LOOKING AT HERE, IT IS ACTUALLY PAGE THREE OF THE OVERALL ACREAGE THAT WAS SUBMITTED.
THE AFFIDAVIT DATA INFORMATION IS ACTUALLY PAGE ONE, BUT THAT IS IN, UM, UH, SEGMENT ONE IN REGARDS TO THE ESTATE AND DEED AND PIN INFORMATION.
THAT IS THE OVERALL, UM, THAT HAS CHANGED FROM EXHIBIT A THAT'S IN OUR PACKET.
AND EXHIBIT A THAT THE CLERK OF COUNCIL, UM, EMAILED OUT TO HERE TODAY, THE FINAL DOCUMENT.
WELL, THEN I WOULD, I WOULD RESPECTFULLY REQUEST THAT, UM, UH, YOU KNOW, A CLARIFICATION FROM A LAW DIRECTOR, WHY THE DATES ON THE APPLICATION AND FOR INFORMATION SUBMITTED TO THE MIAMI COUNTY COMMISSIONERS IS DIFFERENT THAN WHAT WE HAVE.
WELL, YOU CAN FEEL FREE TO ASK HIM THAT I'M SURE HE HAS ADEQUATE ANSWER FOR YOU.
THOSE ARE MY COMMENTS WERE, THANK YOU.
UM, ANY OTHER DISCUSSION THERE? YES.
UM, I JUST GOT MY EMAILS FOR SOME REASON THEY DID NOT DOWNLOAD.
DO I UNDERSTAND THAT THIS JUST CAME TODAY AND WAS PUT ON THE AGENDA? BECAUSE I THOUGHT WE HAD THE AGENDA BEFORE THE, THE, THE, THE FILING THAT WAS DONE WITH MIAMI COUNTY IS WHAT WAS DONE TODAY.
AND THIS WAS DISCUSSED AT THE WORK SESSION.
THAT WAS THE ONE, I DON'T KNOW.
BUT I, IN PREPARATION FOR THIS MEETING, I READ THE PACKET, BUT I HAVEN'T GONE THROUGH THE LAST WORK SESSION MEETINGS.
SO IT WAS DISCUSSED THEN MOVED TO TODAY, BUT THE ACTUAL FILING TO THE COUNTY DIDN'T HAPPEN UNTIL TODAY.
AND THEN THE COUPLE OF FILINGS IS THAT I THINK IT WAS LIKE, IT WAS TODAY.
I KNOW IT WAS TODAY, BUT I'M TRYING TO THINK OF ME.
HE HAD THIS POSSESSION ALL DAY, MET HER EARLIER TO PAY, I WANT TO SAY EARLY AFTERNOON.
SO IS THERE ANY REASON WHY WE WOULD JUST TAKE THIS TO THE NEXT WORK SESSION AND THEN VOTE ON IT NEXT CITY COUNCIL MEETING? UH, I DON'T HAVE ANY REASON THAT WOULD BE UP TO MS. IT WAS DRAW HER TO WITHDRAW HER MOTION.
WE HAVE A MOTION AND A SECOND ON THE, ON THE FLOOR TO CAR FOR A VOTE AFTER THE DISCUSSION, THEY'LL BE UP TO MRS. VERGE.
IF SHE PREFERS TO WITHDRAW THE MOTION OR KEEP IT NOW, I WOULDN'T, UH, THAT IF THIS FAILS, THEN WHAT HAPPENS AUTOMATICALLY GOES TO A SECOND RATING.
SO THE VOTED NO ON THE ADOPTION, THEN IT'S INTRODUCED.
I DIDN'T UNDERSTAND THE QUESTION.
I WAS THINKING OF MY MOTION TO WAVE.
MA'AM I'M TRYING TO PUT YOU ON THE SPOT TO THE DISCREPANCIES THAT COUNCILMAN SHAW BROUGHT FORWARD, UH, IMPACT SERVICE, UH, PROPOSED AN XTERRA.
COUNCIL'S TASK TODAY IS TO DETERMINE WHETHER OR NOT WE HAVE THE RESOURCES AND THE ABILITY TO PROVIDE SERVICES TO THE DISTRICT, BEING PETITIONED FOR ANNEXATION, NOT TO DETERMINE THE ACCURACY OR THE CONTENT OF THE PETITION ITSELF.
THAT'S THE RESPONSIBILITY OF THE COUNTY COMMISSIONERS.
THAT WAS THE CONVERSATION THAT MS. WALL AND I WERE CHARTING OVER HERE.
SO IN MY OPINION, UH, I WOULD ADVISE COUNCIL THAT THE ISSUES THAT MR KHAN, MR. SHAWL RAISED MIGHT BE VALID CONCERNS, BUT THEY ARE NOT CONCERNS THAT AFFECT THIS CITY'S ABILITY TO PROVIDE SERVICES TO THE POTENTIALLY ANNEXED AREA.
[00:50:01]
ENCOURAGE COUNCIL TO CONTINUE TO ADVANCE THIS AND CONSIDER ITS RESPONSIBILITY UNDER THE STATUTE, WHICH IS THE SERVICE, UH, SERVICES THAT WE WOULD PROVIDE TO THE AREA IF ANNEXED AND NOT, UH, THE ISSUE OF WHETHER OR NOT THE PETITION BEFORE THE MIAMI COUNTY COMMISSIONERS IS ACCURATE AND COMPLETE AND WHOLE, THAT IS THEIR RESPONSIBILITY TO DETERMINE.I HAVE ONE MORE FOLLOW-UP QUESTION ON VOLUME.
THE DIFFERENCE BETWEEN, UH, THIS GO ROUND ON THE LAST GO ROUND ARE WE'RE LOOKING AT SUBSTANTIALLY THE SAME THING AS WE TOOK BEFORE.
UH, THE ONLY CHANGE, UM, IF I RECALL CORRECTLY, THE ONLY CHANGE BETWEEN THIS REQUEST FOR SERVICE IN THE ONE PREVIOUSLY SEEN BY COUNSEL, UH, WAS WITH RESPECT TO THE SANITARY AND WATER UTILITY SYSTEMS. UH, AND, UH, THIS PETITION HAS BEEN UPDATED TO REFLECT THAT THERE IS, UH, INFRASTRUCTURE IN THAT AREA THAT IS OWNED AND OPERATED, OR AT LEAST OWNED BY, UH, BY BUFFALO TOWNSHIP, MIAMI COUNTY AND WITHIN THEIR PARTICULAR SERVICE AREA.
UM, THAT'S MY UNDERSTANDING BETWEEN THIS, UH, APPLICATION FOR THIS LETTER OF SERVICE AND THE ONE PREVIOUSLY ENTERTAINED BY COUNCIL.
THANK YOU, MARLA, TOM, MR. LYONS.
MAYOR BRIAN, EXTENDING OF CITY SERVICES.
THAT'S POLICE THAT'S FIRE, CORRECT? YES, SIR.
HOW MANY FIREFIGHTERS DO WE HAVE CURRENTLY EMPLOYED IN THE CITY? A FEW BRIGHTS.
UH, THIS WOULD BE FIREFIGHTER PARAMEDICS.
UH, I'D HAVE TO REFER TO THE TABLE OF ORGANIZATION.
AND HAVE YOU TALKED TO THE FIRE CHIEF BECAUSE EVENTUALLY WHAT IS THIS 900 HOMES? UM, ARE WE GOING TO HAVE THE SERVICES TO BE ABLE TO PROTECT THAT WITH FIRE? HAVING HAD CONVERSATIONS WITH THE FIRE CHIEF, THE POLICE CHIEF AND THE PUBLIC SERVICES MANAGER, THEY ALL BELIEVE THAT THEY HAVE THE ADEQUATE RESOURCES OR WILL HAVE THE ADEQUATE RESOURCES TO PROVIDE SERVICES TO THIS AREA WHEN THE TIME COMES TO PROVIDE THOSE SERVICES.
I'D SURE LIKE TO HEAR THAT FROM THE FIRE CHIEF HIMSELF.
NO, NO DISRESPECT, BRIAN, UM, MAYOR, I VOTED FOR THE MARION SHOPPING CENTER AND, UH, I DID NOT ASK THAT QUESTION.
UM, AND IT'S BEEN BUGGING ME SINCE THEN.
UM, I HAVE A REAL HARD TIME VOTING AND SUPPORTING DEVELOPMENT WITHOUT HEARING FROM THE FIRE CHIEF.
I THINK WE WERE SUPPOSED TO HEAR FROM HIM SOMETIME THIS YEAR AND IT WAS LIKE BACK IN MAYBE LAST OCTOBER.
SO, UM, IF WE DON'T SEND THIS TO, UH, ANOTHER MEETING, UM, THEN I'M GOING TO BE A NO VOTE UNTIL I HEAR FROM A FIRE CHIEF HIMSELF.
UM, MR. LYONS, UM, THERE WAS A PLANNING COMMISSION MEETING WHERE THE FIRE CHIEF WAS THERE AND HE VERY MUCH EXPRESSED THAT THEY COULD SUPPORT THIS.
IN FACT, HE WAS ASKED IF, UM, WE WOULD NEED ANOTHER FIRE STATION TO ACCOMMODATE ALL THESE EXTRA PEOPLE.
AND HE SAID THAT HE DID NOT THINK THAT WE DID THAT HE, HE PROJECTED, IT WOULD BE MANY YEARS BEFORE WE NEEDED ANOTHER FIRE STATION, WHICH INVOLVED MORE PERSONNEL.
SO HE WAS VERY COMFORTABLE IN HIS ASSESSMENT THAT, UH, THEY HAVE THE RESOURCES IN ORDER TO SUPPORT AND ALL THE NEW HOMES THAT ARE PROJECTED TO BE BUILT IN THERE.
THANK YOU, COUNSELOR COUNSEL ON BIRCH.
I'M HAPPY ABOUT, DID HE HAPPEN TO COVER THE STAFFING LEVELS THAT HE DID AND HOW MANY FIREFIGHTERS PARAMEDICS DO WE CURRENTLY HAVE? IS IT 26, 2937 39 39.
AND BRIAN, YOU'RE SURE OF THAT, BUT AGAIN, SO I'D HAVE TO REFER TO THE TABLE OF ORGANIZATION, BUT I CAN TELL YOU THAT WE HAVE STAFFED THE NUMBER OF POSITIONS THAT HAVE BEEN ALLOCATED AND FUNDED WITHIN THE TABLE OF ORDINANCES.
UM, YOU KNOW, I WASN'T AT THAT PLANNING COMMISSION MEETING, I CERTAINLY APPRECIATE COUNCIL BURCH'S, UH, STATEMENT AND I HAVE NO QUESTIONS ABOUT HER, BUT ONCE AGAIN, I WOULD STILL LIKE TO HEAR THAT DIRECTLY FROM THE FIRE CHIEF, UH, AT A COUNCIL MEETING.
MA'AM YES, RICHARD, THANK YOU, MIRROR.
UM, AND RESPONSE TO, UM, COUNCILMAN WEBSITE COMMENTS.
UM, I, I WOULD AGREE IN PART ON THE, THE SERVICE PORTION.
HOWEVER, THE RESOLUTION THAT'S IN FRONT OF US DOES MENTION EXHIBIT A, AND THAT IS MY LEGAL REVIEW QUESTION HAD EXHIBIT A NON-MELANOMA OUR RESOLUTION AND NOT BEEN DIFFERENT THAN THE EXHIBIT EIGHT WE RECEIVED TODAY FROM OUR CLERK OF COUNCIL.
THAT'S WHERE MY CALLS OF CONCERN IS BECAUSE THOSE TWO DOCUMENTS, ONE MIRRORS THE OTHER, WHEN IT COMES INTO THE LEGAL RAMIFICATIONS ON THE DEED, UM, THE PEN INFORMATION AND THE SURVEYOR SAYS CERTIFYING ALL OF THAT INFORMATION AS BEING TRUE AND ACCURATE.
MOVING FORWARD ON THE RESOLUTION.
THAT, AGAIN, THAT'S MY REVIEW SINCE 4 21 THIS AFTERNOON.
[00:55:01]
UM, AGAIN, I WAS HOPING THAT MR. MCDONALD WAS GOING TO BE HERE TO GET THAT CLARIFICATION OFFICIALLY.UM, THAT'S WHY I'M ASKING IT TO BE MOVED TO, INTO THE ADDITIONAL WORK SESSION.
AND IF IT IS A SITUATION WHERE THE, THE TWO SURVEY INFORMATION, THE PEN INFORMATION, THE AFFIDAVIT INFORMATION IS LEGITIMATELY DIFFERENT FOR WHATEVER REASON, HEY, I'D LIKE TO KNOW WHY, UM, AND WHY WE HAD DIFFERENT INFORMATION AND, UM, HAS LEGAL EXPLANATION ON WHY IT'S LEGAL FOR US TO VOTE ON THIS.
UM, WHEN THERE'S A DIFFERENT DOCUMENT UP THERE, WHICH IN MY OPINION IS A FAIR QUESTION TO ASK.
AND FROM WHAT WE'VE HEARD TODAY WOULD NOT HALT THE TIMETABLE OR DISRUPTED AT ALL.
MA'AM YEAH, IT WAS, I HAVE A QUESTION.
HOW MUCH WOULD THIS COST THE CITY TO PROVIDE ALL THESE SERVICES? I'M JUST SITTING HERE, AS I SAID, WE'VE BEEN TALKING ABOUT THE WATER IN WARD FOUR AND THE COST, AND, UH, WE GOT ONLY SO MUCH MONEY, BUT YET WE'RE ADDING ALL THIS EXTRA COST UP NORTH.
I WAS JUST CURIOUS, I'M ASKING ALL THE QUESTIONS.
SO I'M JUST CURIOUS HOW THAT ALL AFFECTS EVERYTHING.
AS FAR AS US PAYING FOR STUFF UP THERE, THAT'S NOT BUILT YET VERSUS USING IT DOWN HERE IN THIS PARTICULAR INSTANCE, THAT WOULD BE A CALCULATION WITH RESPECT TO ANY CAPITAL ITEMS THAT MIGHT BE ASSOCIATED WITH THIS PROJECT, WHETHER OR NOT DIRECTLY OR INDIRECTLY, THAT WOULD BE INFORMATION THAT WE WOULD DETERMINE VIA THE DUE DILIGENCE PROCESS WITH RESPECT TO THE TOWNSHIP'S DESIRE TO MEET AND TALK ABOUT WHAT AN AGREEMENT MIGHT LOOK LIKE WITH RESPECT TO SERVICES.
UH, AS I STATED IN MY EARLIER COMMENTS, ALL OF THE SERVICE PROVIDER, UH, ALL OF THE SENIOR SERVICE PROVIDERS THAT WE HAVE HERE, UH, ON STAFF, UH, THE POLICE CHIEF, THE FIRE CHIEF AND THE PUBLIC SERVICE MANAGER HAVE ALL INDICATED THAT THEY HAVE THE RESOURCES THAT THEY NEED AT THIS TIME TO RESPOND.
AND AS THE DEVELOPMENT GROWS, THAT THEY BELIEVE THAT THEY WILL CONTINUE TO HAVE, OR WILL BE ABLE TO ACQUIRE THE NECESSARY RESOURCES THEY NEED TO SERVICE THOSE PARTICULAR AREAS.
SO THAT'S THE ANSWER THAT I CAN GIVE YOU BECAUSE THE ANSWER IS WE HAVE THE RESOURCES AVAILABLE NOW TO RESPOND TOMORROW.
IF NECESSARY AS THAT DEVELOPMENT GROWS AND OUR RESOURCES GROW, WE WILL HAVE THE ADDITIONAL FUNDS AVAILABLE IF NECESSARY TO ADD THAT EQUIPMENT OR TO ADD THAT APPARATUS OR TO ADD THAT PERSONNEL, WHICH WOULD BE RECOMMENDED BY THOSE INDIVIDUALS AND APPROVED BY COUNCIL AT THE TIME THAT THOSE NEEDS WERE DETERMINED TO BE NECESSARY SPEED OF THE DISCUSSION.
SO YOU MADE THE MOTION, SO IT WOULD BE UP TO YOU WHETHER OR NOT YOU WANT TO DRAW A MOTION, WE HAVE A MOTION AND WE HAVE A SECOND.
SO THOSE DONE ALREADY, WE'VE ALREADY HAD THE DISCUSSION PERIOD WHERE WE REGISTERED TO SPEAK.
AND I WAS JUST GONNA MAKE ONE MORE COMMENT.
AND THAT'S REGARDING WHAT WE'RE VOTING ON TONIGHT VERSUS, UH, A DISCUSSION ABOUT THE ANNEXATION.
BECAUSE A LOT OF THE THINGS I'VE HEARD SO FAR ON FROM LIKE, UM, UM, MY FOLLOWUP COUNSELING, WHAT'S GOING TO HAPPEN WITH, UM, UM, WHAT WE HAVE TIME DOES WHAT'S GOING TO HAPPEN WITH FUTURE FIREFIGHTERS? MORE BEING ASKED TO DO TONIGHT IS TO, UM, SECURE AN EXTENSION ON SERVICES.
WE'RE GOING TO SAY, YES, WE CAN EXTEND SERVICES.
I CAN ONLY SPEAK ON BEHALF OF MY SAW AS A COUNCIL MEMBER.
IF THE NUMBERS DON'T LINE UP WITH THE SANITIZATION, IF THIS PROPOSED AN ACCUSATION, DOESN'T MAKE SENSE FOR THE CITY OF HUBER HEIGHTS, IF THE BORROWERS REQUIRE FOR INFRASTRUCTURE OR THE INABILITY TO COVER ON ANNEXATION DEVELOPMENT WITH FIREFIGHTERS, IF THOSE ARE THINGS THAT DON'T MAKE SENSE, AS WE MOVE DOWN THIS PATH OF, UH, CONSIDERING HOW STANDARDIZATION IT WON'T GET MY VOTE, I DON'T THINK WE'RE THERE YET.
WE'RE BEING ASKED TO DO IS TO, UM, MAKE A STATEMENT THAT WE CAN EXTEND SERVICES.
WE'VE HEARD FROM OUR STAFF THAT YES, WE CAN.
I WAS THERE COUNCILMAN LIONS AND PLEASE POLICE CHIEF AND FIRE CHIEF, UH, HAD DISCUSSIONS WITH CITY, UH, THE CITY MANAGER REGARDING DURABILITY TO GUARANTEE THOSE CIRRHOSIS.
SO WHEN IT COMES TIME TO TALK ABOUT OUR ORGANIZATION, THE NUMBERS ARE GOING TO HAVE TO LINE UP AND IT'S GOING TO HAVE TO MAKE FINANCIAL SOUNDS FOR THIS COUNSELOR.
AGAIN, I CAN ONLY SPEAK FOR MYSELF, BUT I KNOW YOU ASKED FOR AN AMPUTATION, THAT'S GOING TO COST THE CITY MONEY.
THAT'S NOT GOING TO BE A BENEFIT TO THE CITY OF HUBERT MINDS.
[01:00:01]
DEALING WITH TWO ISSUES HERE.I JUST WANTED TO MAKE THAT THAT'S THE WAY I SEE IT.
IF I'M SEEING IT WRONG, I APOLOGIZE.
BUT TO ME, STAFF HAS SAID THAT, YES, WE CAN EXTEND THE STUDY SERVICES.
ANNEXATION IS A TOPIC THAT WE ARE GOING TO HAVE TO DO DUE DILIGENCE ON AND MAKE A DECISION ON IN THE COMING WEEKS MONTHS HERE.
AND THAT IS MY UNDERSTANDING AS WELL.
ANY OTHER DISCUSSION? WE'LL WAIT TILL MR. SHAW COMES BACK ON THE DICE BEFORE WE YEAH.
, I'M GOING TO TAKE A 10 MINUTE RECESS TO SEE IF WE CAN FIND MR. SHAW.
I MEAN, I DON'T THINK IT TAKES THIS LONG TO SMOKE A CIGARETTE WHILE GO TO THE BATHROOM.
SO WE WILL WE'LL FIND OUT WE'RE GONNA TAKE A 10 MINUTE RECESS OKAY.
CERTAINLY APOLOGIZE FOR, UH, THE EXTENSION OF THAT RECESS.
UM, SO THIS COUNCIL HAS HAD LEGALLY A STATUTORY OBLIGATION TO HAVE A VOTE ON THIS MATTER.
[01:05:01]
CERTAINLY MY BELIEF THAT MR. SHAW, UH, EXITED TONIGHT'S MEETING IN ORDER TO PREVENT ME FROM VOTING.SO WE HAVE, UM, A DULY ELECTED OFFICIAL WHO IS PLAYING GAMES, UM, ENOUGH, IT'S OBVIOUS WHAT'S HAPPENED TONIGHT.
HE DIDN'T LIKE WHAT WAS HAPPENING AND YOU'RE NOT GETTING YOU'RE UPSET TO NO, WE'RE GOING TO CALL UP ON A SEPARATE, WE'RE GOING TO CALL IT A BOOK WE'RE HAVING NO NEED FOR ALL THIS.
SO WHAT I EXPECT TO HAPPEN, I FULLY EXPECT THAT, UM, WE'LL CALL A VOTE, LOOKS LIKE THIS WILL PROBABLY FAIL THIS EVENING.
AND I FULLY EXPECT, UM, THE LANDOWNERS TO FILE A CT CLAIM THROUGH AN INJUNCTION AND A WRIT OF MANDAMUS.
AND I EXPECT THE CITY TO GET SUED BECAUSE, UM, MR. SHAW IS NEGLECTING HIS LEGISLATIVE DUTY.
SO WITH THAT SAID, WE HAVE A MOTION AND A SECOND, MR. ROGERS CALLED PENCILS KITCHEN.
UM, I WOULD, UH, HOPE THAT THIS WOULD COME BACK TO THE CITY COUNCIL WORK SESSION AND THE NEXT MEETING.
UH, ACTUALLY I SHOULD'VE SAID THIS.
UM, WELL, NO, ACTUALLY IT FAILED.
SO IT WON'T BE, IT WON'T BE BACK SO WELL, I EXPECT THE NEXT ACTUAL, THE COURT ACTION.
WELL, LIKE I SAID, I DON'T, WE HAVE 20 DAYS.
I, I, I VOTED, NO, I UNDERSTAND THAT.
I'D LIKE TO SEE THIS, COME BACK ON THE NEXT WORK SESSION.
IF I GET TWO MORE, WE CAN HAVE THAT AGAIN AND DISCUSSING THE NEXT WORK SESSION.
DOES IT? THE PETITIONER HAVE TO RESUBMIT IT IN ORDER FOR IT TO BE COME BACK TO, UH, COME BACK TO THE COUNCIL AGAIN.
IF WE JUST BASICALLY KILLED HIM, THAT'S THE WAY IT'S WORKING.
I'M CONCERNED THAT THE ISSUES DID WAS VOTED HIM.
WE CAN'T JUST PUT IT ON ANOTHER AGENDA AFTER IT'S FAILED.
GUESS I LIKE TO ENTERTAIN, UH, MR. LYONS IS, UH, THOUGHT IT, YOU'RE HOPING THIS COMES BACK IN THE FUTURE.
I THINK MR. SHOW MADE A REASONABLE REQUEST.
I HAD REASONS, MY REASONS FOR VOTING NO TONIGHT.
UM, YOU KNOW, MAYOR, I DO APOLOGIZE FOR NOT BEING AT THE LAST WORK SESSION.
I'M BEING A LITTLE BIT, UM, MORE WELL-PREPARED WITH THE INFORMATION THAT WAS SHARED AT THE WORK SESSION.
I WAS PREPARED READ THROUGH THE PACKET TONIGHT, SO I'M PRETTY CONFIDENT WITH MY VOTE TONIGHT, BUT I WOULD LIKE TO DISCUSS THIS AND ENTERTAIN THAT THE NEXT WORK SESSION.
AND WOULD YOU MIND WHAT ITEMS YOU HOPE WE DISCUSS AS FAR AS THIS PARTICULAR.
WELL, WE HAVE 20 DAYS AND I WOULD HAVE LIKED TO HAVE HAD ANOTHER WORK SESSION TO DISCUSS THIS AND THEN, UH, FOR POTENTIAL VOTE IN TWO WEEKS.
MA'AM MR. LYONS REFERS TO 20 DAYS.
AM I NOT GETTING THIS? UH, THIS WAS JUST STARTED DOWN.
UH, COUNCIL HAS JUST VOTED, UM, THE EXTENSION SERVICES AGREEMENT DOWN.
THE SMELL GOES TO BACK FROM THE DEVELOPERS AND NOVA MOST COUNCIL SHOULD THE DEVELOPER CHOOSE I'M SURE.
UM, THAT'S JUST GOING TO BE A MATTER FOR THE COURTS.
SCOTSMEN WON'T HAVE ANYTHING FURTHER TO DO WITH THAT'S ONE MR. LONG.
THIS COUNCIL WILL HAVE NO FURTHER ACTION ON THOSE.
SO I THINK ANY DISCUSSION ON THIS MATTER AS A MOVEMENT THAT'S BEEN VOTED DOWN.
THAT'S NOW IN THE HANDS OF LABEL.
MY UNDERSTANDING THAT THAT IS MY UNDERSTANDING AS WELL.
I'M SURE WE WILL SEE THEM IN COURT.
NEXT UP IS ITEM 12 E ITEM 12, AND IT'S DECREASING THE SERO RATES IN SECTION 9 3 4 0.03 WITH A CODIFIED ORDINANCES OF HUBER HEIGHTS AND INCREASING THE WATER RATES IN SECTION 9 3 4 0.02
[01:10:01]
OF THE CODIFIED ORDINANCES OF HEBREW HEIGHTS AT THE FIRST DRINK AND BRIAN COLLINS.PURSUANT TO OUR DISCUSSION WITH COUNCIL PREVIOUSLY, THIS LEGISLATION WOULD, UH, TRANSFER, UH, LET ME REPHRASE THAT.
UH, THIS LEGISLATION WOULD, UH, RESTRUCTURE OUR UTILITY RATES TO ALLOW OR TO PROVIDE FOR A, UH, AN APPROXIMATE $300,000 A YEAR SURPLUS IN THE WATERFRONT AND BEGINNING IN 2023, SO THAT, UH, THE STAFF SO THAT THE CITY COULD APPORTION THAT MONEY TOWARDS ADDITIONAL INFRASTRUCTURE IMPROVEMENTS IN THE FUTURE.
AND THE WORK SETS RECOMMENDATION WAS A PAST TIME, A SECOND READING, ANY OBJECTIONS.
AND NEXT UP IS ITEM 12 F A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACQUIRE THE NEEDED RIGHT AWAY DRAINAGE, SLOPE, AND TEMPORARY EASEMENTS FOR THE EAST WATER MAIN AND EAST SANITARY SEWER EXTENSION PROJECTS AT THE FIRST BRIAN COLLINS.
IN ACCORDANCE WITH OUR PREVIOUS DISCUSSIONS WITH COUNSEL, THIS PARTICULAR LEGISLATION ALLOWS US TO BEGIN ACQUIRING THE NECESSARY RIGHTS TO UTILIZE LAND, UH, TO MAKE CONNECTIONS TO WHAT WILL EVENTUALLY BE THE FAIRBORN WASTEWATER TREATMENT PLANT TO PROVIDE SANITARY SEWERS, UH, TO THE EAST SIDE OF TOWN.
AND WAS ADOPTION, IS THERE A MOTION? IS BIRGIT? I HAVE A MOTION A SECOND.
ANY DISCUSSION MR. ROGERS? HIS BANKER, YES.
AND NEXT UP IS I'M IN 12 G ITEM 12 G RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT TO PROVIDE A WATER DISTRIBUTION SYSTEM INTEGRITY STARTING AT THE FIRST REGION, BRIAN.
PURSUANT TO OUR PREVIOUS DISCUSSIONS WITH COUNCIL.
THIS RESOLUTION WILL AUTHORIZE US TO HIRE THE NECESSARY FIRM, UH, TO ASSIST US IN OUR STUDY OF THE WATER SYSTEM TO DETERMINE, UH, WHY WE'RE HAVING, UH, CALVIS DETERMINED WHY WE'RE HAVING THE ISSUES THAT WE'RE HAVING A, WHERE TO INVEST IN THE FUTURE AND HOW TO INVEST IN THE FUTURE TO MINIMIZE THE ISSUES WE ARE EXPERIENCING TODAY, UH, TOMORROW.
AND THAT WAS THE RECOMMENDATION TO ADOPT.
IS THERE A MOTION TO ADOPT A SECOND, SECOND OR MOTION A SECOND? ANY DISCUSSION MR. ROGERS? MR. CAMPBELL? YES.
NEXT IS HAVING 12 H 12 H AN ORDINANCE AMENDING CHAPTER 7, 3 8 MASSAGE THERAPY ESTABLISHMENTS SECTION 73, 8 0.0173 8.0273 8.03 OF THE HUBER HEIGHTS, CODIFIED ORDINANCES TO PREVENT CERTAIN CERTIFIES CERTIFIED MASSAGE PRACTITIONERS OR THE FIRST READING, WRITING COMMENTS.
OUR DISCUSSION WITH COUNCIL AND THE LAW DIRECTOR, THIS ORDINANCE, UH, IS TO AUTHORIZE, UH, LEGITIMATE RECREATIONAL OR LEGITIMATE NON-THERAPEUTIC MASSAGE, UH, AND PURSUANT TO OUR DISCUSSIONS WITH COUNSEL, WE WOULD ASK THAT YOU MOVE THIS TO A SECOND READING WHILE WE CONTINUE TO EVALUATE AND ADDRESS SOME OF THE CONCERNS DISCUSSED BY COUNCIL DURING THE WORK SESSION.
AND THAT WAS THE RECOMMENDATION PASSING THE SECOND READING ANY OBJECTIONS.
AND NEXT IS ITEM 12, ITEM 12 BY A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR SERVICES RELATED TO THE MOWING AND MAINTENANCE OF SPECIFIED CITY PROPERTIES.
AT THE FIRST STREET THERE, THIS RESOLUTION WOULD AUTHORIZE US TO ENGAGE A CONTRACTOR TO ASSIST US IN OUR GROUNDS MAINTENANCE, BOTH WITHIN OUR PARKS FACILITIES AND, UH, PUBLIC DOMAIN WITHIN THE RIGHT OF WAY.
IS THERE A MOTION, SIR? SECOND IS BIRCH MOTION AND A SECOND.
ANY DISCUSSION MR. WEBB, FIRST COMMENT, JUST TO FIND, UM, UM, MY CAR PUBLIC WORKS TRUCK GIVING US CLARIFICATION ON THE NEED FOR THOSE PRETTY CLAIRE.
ANY OTHER DISCUSSION, TONY? THIS IS BIRCH MR. OTTO.
MOTION CARRIES SEVEN TO ZERO 13 TODAY.
OFFICIAL PUT SOME COMMENTS AND WON'T HAVE ANYTHING TO DO.
UH, EMAIL WAS SENT OUT WITH DR.
STOCK'S PRESENTATION AT SECOND TIER.
IT'S A REALLY INTERESTING PRESENTATION ON THE WORKFORCE IN THIS AREA.
SO I WOULD LIKE ALL COUNCIL TO MAKE SURE THEY WEREN'T AT THAT.
IT WAS JUST A REALLY GOOD PRESENTATION.
THERE'S NO REASON FOR AN EXECUTIVE SESSION.
14 IN THIS MEETING IS ADJOURNED.