Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript


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

[00:00:04]

OKAY, GOOD EVENING, EVERYONE.

WELCOME TO THE, SEE IF YOU WERE HYPED CITY COUNCIL MEETING, REGULAR SESSION.

TODAY'S DATE IS APRIL 25TH, 2022.

WE'RE GETTING STARTED AT 6:02 PM.

THIS EVENING.

THIS MEETING IS OFFICIALLY CALLED TO ORDER, AND NEXT IS OUR INVOCATION BY PASTOR RANDY GRIFFITH THE FREE METHODIST CHURCH AT 68 75 OLD TROY PIKE IN HEBREW HEIGHTS.

PASTOR GRIFFITH.

GOOD TO SEE YOU, SIR.

YOU TOO.

THANK YOU.

OKAY.

WHEN TALKING WITH PEOPLE ABOUT A PARTICULAR SUBJECT, IT'S IMPORTANT THAT THOSE IN CONVERSATION ARE TALKING ABOUT THE SAME THING THAT IS AT BOTH ARE OPERATING ON AN ACCURATE DEFINITION OF TERMS. WHEN YOU HAVE ONE PERSON TALKING ABOUT SOMETHING, BUT THE OTHER PERSON IS HEARING BASED ON ANOTHER SET OF CRITERIA, THERE IS A LACK OF COMMUNICATION, WHAT THE PERSON IS SAYING AND WHAT THE OTHER IS HEARING ARE NOT THE SAME.

IT'S LIKE THE WORD OF GOD, GOD IS SAYING SOMETHING, BUT WHAT ARE YOU HEARING? ARE YOU HEARING WHAT HE'S SAYING? OR ARE YOU HEARING SOMETHING ELSE? IT IS IMPORTANT TO APPROACH SCRIPTURE THIS WAY.

WHAT IS GOD SAYING? WHAT DO YOU THINK GOD IS SAYING TO YOU AND DO THE TWO LINEUP? SO LET'S LOOK AT TWO WORDS, STUBBORN AND STEADFAST.

STUBBORN MEANS STIFF-NECKED LIKE AN OLD MULE.

STUBBORN IS THAT ASPECT OF HUMAN NATURE THAT SAYS I'M GOING TO HAVE MY OWN WAY.

EVEN IF IT KILLS ME, IT DOESN'T WANT ANSWERS.

IT WANTS ITS OWN WAY.

STUBBORN IS SELF-CENTERED STEADFAST.

ON THE OTHER HAND IS POSITIVE.

IT SAYS I'M GOING TO DO WHAT IS RIGHT.

I AM GOING TO OBEY THE LORD.

EVEN IF IT KILLS ME STEADFAST, TRUST GOD, IT IS GOD DIRECTED.

IT BEGINS WITH GOD BECAUSE IT KNOWS THAT GOD IS HOLY LOVING AND TRUE.

LIKE THE BIBLE SAYS THE STEADFAST LOVE OF THE LORD, NEVER CEASES.

GOD'S MERCIES NEVER COME TO AN END.

THEY ARE NEW EVERY MORNING.

GREAT IS YOUR FAITHFULNESS.

OH LORD.

AND IT SAYS, GOD WILL KEEP IN PERFECT PEACE.

THE PERSON WHOSE MIND IS STEADFAST BECAUSE THEY TRUST IN THE LORD.

IT'S LIKE THE AGE OLD PHILOSOPHICAL AND SCIENTIFIC QUESTION THAT HAS BEEN PONDERED AND ARGUED FOR EONS.

WHAT CAME FIRST? THE CHICKEN OR THE EGG I USED TO ARGUE MAINLY BECAUSE I JUST LIKE TO ARGUE THAT THE CHICKEN CAME FIRST UNTIL I FINALLY REALIZED THAT NEITHER THE CHICKEN NOR THE EGG CAME FIRST, GOD CAME FIRST AND GOD MUST STUBBORN.

HUMAN NATURE IS DETERMINED TO START WITH ITSELF.

THIS SELF-CENTERED NATURE HAS BEEN PLAGUING MANKIND SINCE THE BEGINNING AND LEADS TO MUCH HARDSHIP.

IT TRIES TO DEFINE AND REDEFINE REALITY ACCORDING TO ITS OWN NATURE, RATHER THAN BEGINNING WITH GOD WHOSE PERFECT NATURE IS THE BASIS OF ALL THINGS.

AND OF ALL THAT IS GOOD.

EVERYTHING THAT EXISTS HAS THIS ORIGIN IN GOD.

THEREFORE, IF ANYTHING IS TO MAKE SENSE, IF ANY REAL PROBLEM WAS GOING TO BE SOLVED, ONE MUST BEGIN WITH GOD AND WITH WHAT GOD SAYS AND THEN PUT IT INTO PRACTICE BECAUSE THE WHY'S BEGIN WITH GOD.

LET'S PRAY.

FATHER MAKE US WISE BY YOUR HOLY SPIRIT SO THAT WE USE WHAT WE KNOW THE RIGHT WAY AND COMMUNICATE IT WELL THAT ALL THINGS WOULD BE DONE IN A MANNER THAT'S PLEASING TO YOU.

WELL, THANK YOU IN CHRIST'S NAME.

AMEN.

AMEN.

ACTUALLY HAD THE FLAG CEREMONY BY THE WAY, IN HIGH SCHOOL, JUNIOR ROTC HONOR GUARD, SORRY, OR BRAIN CODES, PLEDGE ALLEGIANCE.

SO THE

[00:05:01]

FLAG STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL CARRY COLORS.

MR. ROGERS.

WHAT'D YOU CALL THE ROLL PLEASE.

MR. SHAW.

DEAR MS. BAKER, MR. CAMPBELL HERE, MRS. BERG, MR. OTTO HERE, MR. LYONS, MRS. KITCHEN, MR. WEB MAYOR GORE.

[6. Approval Of Minutes]

NEXT UP IS ON NUMBER SIX, WHICH IS APPROVAL OF MINUTES.

THIS EVENING.

WE HAVE TWO CITY COUNCIL MEETING MINUTES, ONE DATED MARCH 28TH AND THE OTHER APRIL 11TH, 2022.

THOSE MINUTES HAVE ALL BEEN DISTRIBUTED TO EVERYBODY.

AS LONG AS THERE ARE NO CORRECTIONS OR COMMENTS, UH, THOSE WILL STAND AS APPROVED ANYONE.

OKAY.

THOSE MINUTES, BOTH DATES WILL STAND AS A FRUIT PICKS UP AS THAT NUMBER SEVEN SPECIAL PRESENTATIONS

[ Wayne High School Men's And Women's Bowling Teams Recognition And Proclamation Presentation - Mayor Jeff Gore]

ANNOUNCEMENTS ITEM SEVEN, EIGHT WAYNE HIGH SCHOOL MEN'S AND WOMEN'S BOWLING TEAMS RECOGNITION AND PROCLAMATION PRESENTATION BY MAYOR GORE.

WE'D ASKED THE MEMBERS OF THE BOWLING TEAMS AND THE COACHES TO JOIN MEDORA UPFRONT SO WHEN THEY TALK ABOUT THE VOLUNTEER RECEIVING, AND WE HAVE THE BOYS AND GIRLS, VARSITY TEAMS, BOTH WERE, UH, STATE QUALIFIERS, PLACERS, UH, AT THE STATE TOURNAMENT THIS YEAR AND HEEL BOWLING IS, UM, I LOVE BOWLING IS A GREAT SPORT, AND YOU'VE GOT A LOT OF DEDICATED KIDS AND COACHES WHO WERE ON THE BOWLING TEAM OR VARSITY TEAM AND RESERVE TEAM.

UH, BUT IT SEEMS LIKE THEY NEVER GET ENOUGH RECOGNITION.

AND THESE ARE SOME REALLY, REALLY FINE BOWLERS THAT WE HAVE AT THE HIGH SCHOOL.

AND, UM, YOU KNOW, WE GO THROUGH SOME OF OUR FOOTBALL PLAYERS, WE GO THROUGH ARE TRACK ATHLETES AND THINGS LIKE THAT.

AND I THOUGHT THIS EVENING, IT WAS A GOOD TIME TO RECOGNIZE, UH, SOME OF OUR OTHER ATHLETES AT SCHOOL AS WELL.

SO THESE ARE MEMBERS OF THE BOYS AND GIRLS VARSITY AND FOR SOME OF THE MEMBERS OF THE BOYS AND GIRLS FOREST.

SO THIS IS A MARROW PROCLAMATION FOR SPECIAL RECOGNITION.

WHEREAS THE CITY OF HEBREW HEIGHTS WISHES TO EXPRESS ITS APPRECIATION AND ADMIRATION FOR A GROUP OF VERY SPECIAL INDIVIDUALS WHO ARE MOST WORTHY OF THIS HIGHEST MARK OF OUR FAVOR.

AND WHEREAS THE WAYNE HIGH SCHOOL MEN'S AND WOMEN'S BOWLING TEAMS DEMONSTRATED HIGH LEVELS OF COMPETITIVE SPIRIT AND GOOD SPORTSMANSHIP BY COMPETING RECENTLY IN THE OHIO, OHIO HIGH SCHOOL ATHLETIC ASSOCIATION, OHS A DIVISION ONE INSTINCT TOURNAMENT ON MARCH 11TH AND 12TH IN 2022.

AND WE'RE AS THE MEN'S BOWLING TEAM PLAY SEVENTH AND THE WOMEN'S BOWLING TEAM PLAYS 13TH AND THE OHIO HIGH SCHOOL ATHLETIC ASSOCIATION DIVISION WINS THE TOURNAMENT.

NOW, THEREFORE I, JEFF WE'RE AMERICAN SUSIE RIGHTS TIME DO HEREBY EXTEND OUR VERY BEST WISHES FOR HEALTH, HAPPINESS, AND CONTINUED SUCCESS.

WAYNE HIGH SCHOOL MEN'S WOMEN'S BOWLING TEAMS BEING FURTHER RESOLVED THAT THIS RECOMMENDATION IS SEALED.

I PRESENTED THESE A HUNDRED INDIVIDUALS, THE CITY COIN FROM THE CG RIGHTS AS A TOKEN OF OUR ESTEEM IN WITNESS WORLD, BY APPEAR TO SET MY HAND AND CAUSE THE SEAL AND THE CDP RIGHTS TO BE A FIXED THIS 25TH DAY OF APRIL IN THE YEAR OF OUR LORD, 2020.

ALL OF YOU.

CONGRATULATIONS.

GREAT.

SO HOW MANY OF YOU ARE COMING BACK NEXT YEAR? ALL SENIORS OR THE JUNIORS, OR WHAT DO WE GOT TO LOSE? A BUNCH OF THOSE WAS LOSING A BUNCH, BUT WE STILL GOT A LOT OF GOOD RESERVES BEHIND .

WE GOT, I WILL THANK YOU ALL SO MUCH.

EVERYBODY, ANYTHING YOU WANT TO SAY? I WAS PLAYING MY OWN SPOT.

SO WHAT TIME YOU TO THE CITY SHOULD BE PROUD OF THIS GROUP PRODUCT PROGRAM, BOWLING WASN'T THAT BIG UNTIL TOOK OVER ABOUT 10 YEARS AGO AND PUSHED HARD SO THEY WOULD UNDERSTAND HOW GOOD SOME OF THE SECONDARY THAT THEY CALL IT.

A SPORTS ARE REALLY BAD.

SECONDARY SCHOOL WAS ONE OF THE TOP SPORTS.

WE'RE ONE OF THE TOP G WALK SCHOOLS.

SO, AND WE'RE ALSO ONE OF THE TOP SCHOOLS IN THE STATE.

SO I MEAN, YOU'VE BEEN THERE MORE THAN ONCE, SO WE CONTINUED TO GO AND RECEIVE A YEAR, BUT IT'S A DEDICATION.

IT'S A SACRIFICE OF THE KIDS AND THE PARENTS THAT MAKE IT.

SO THANKS.

AND I KNOW YOU GUYS WERE AT THE STATE TERMINAL LAST YEAR, TOO, RIGHT? WAS IT THE YEAR BEFORE? SO MY APOLOGIES FOR

[00:10:01]

NOT RECOGNIZING THE WORK THAT WAS DONE TO THEM.

SO WE CERTAINLY WANT TO CORRECT THAT NOW.

I THINK WE'VE YOU WAVE WHEN IT COMES.

UM, RYAN, WHEN IT COMES TO THE SIGNS AND WE GOT COMING TO THE CITY REP TO GET OUR PUBLIC WORKS TEAM ON SOME NEW SIGNS.

CAUSE WE GOT A LOT OF STATE CHAMPIONS, A LOT OF STAKE WILDFIRES, A LOT OF GOOD STUFF HAPPENING.

SO WE WANT TO MAKE SURE WHEN PEOPLE COME INTO YOUR GARAGE, THEY KNOW WHAT KIND OF SPECIAL HIGH SCHOOL STUDENTS NOW.

SO THANK YOU VERY MUCH.

SO TURNING YOUR MAP TO DIFFERENT POPULATIONS ALL THE TIME, REAL QUICK, EVERYBODY, I KNOW SOME OF YOU AND THEN SOME OF YOU I HAVEN'T HAD IN CLASS OR I HAVE A, UM, YOU'VE GOT SOME OF THEM IN CLASS.

YES.

PARENTS.

ABBY MONTI GOVERNMENT LAST YEAR.

UH, SARAH EMERSON.

DID I SAY THAT RIGHT? ERICA REED, LAILA LAMBERT, HALEY BOUNDS.

MAGGIE PUFFS.

MEGAN BERNARD KEON BURRELL, KEON.

AVERIL MATT GREEN.

OKAY.

JASON GREEN AND BILLING HOUSE KNOWING IT ALL WE EVER HEARD IT THAT WAY THOUGH.

SKYLAR MOUNTAINS, JT BARNS THESE OVER IN BELGIUM.

WE MIGHT NEED TO CHANGE.

OKAY.

WE'LL MAKE SURE YOU GET IT.

OKAY.

THANK YOU SO MUCH.

APPRECIATE IT.

THANK YOU.

AND ONE MORE.

OKAY.

NEXT ONE IS ITEM NUMBER EIGHT, SYSTEMS COMMENTS.

UH, THERE ARE NONE THE SYDNEY MAYOR.

THANK

[9. Citizens Registered to Speak on Agenda Items]

YOU.

NEXT UP.

IS THAT NUMBER NINE CITIZENS REGISTER TO SPEAK ON AGENDA ITEMS. I HAVE A THREE REGISTERED TO SPEAK ON ITEM 12 IN, UM, TO THOSE INDIVIDUALS.

I WILL NOTE THERE IS A PUBLIC HEARING ON THIS, UH, SAME MATTER CASE, UH, 22 DASH 12.

UM, SO YOU ARE FREE TO SPEAK IN THE PUBLIC HEARING, UM, IF YOU WANT IT TO, INSTEAD OF, UH, LATER IN THE AGENDA UNDER THAT PARTICULAR.

OKAY.

WE'LL SEE.

WE'LL GET THAT OPPORTUNITY.

OKAY.

SO WE'VE DEALT WITH THAT.

OKAY.

NEXT UP IS THAT NUMBER 10,

[10. City Manager Report]

WHICH IS OUR CITY MANAGER REPORT.

BRIAN, HOW ARE YOU SIR? GOOD, SIR.

HOW ABOUT YOURSELF? A COUPLE OF ITEMS FOR COUNSEL'S ATTENTION TONIGHT.

I JUST WANT TO BRING, UM, EVERYONE, UH, TO CLOSE ON THE CHIPPING DIN WATER MAIN REPAIR THAT WAS COMPLETED IS IN FULL SERVICE NOW WITHOUT ANY ISSUES.

UH, THE CITY OF HUBER HEIGHTS WILL BE FEATURED.

I WILL BE A FEATURED COMMUNITY IN THE DAYTON BUSINESS JOURNAL IN MAY OUR ARTICLES WE'LL BE FOCUSING ON, UH, HOUSING INFRASTRUCTURE, UH, AND OUR WORK AT THE MEADOWS.

SPEAKING OF THE MEADOWS, CRD AND FACADE IS CURRENTLY OUT TO BID AND THAT BID WILL BE, UH, BEFORE COUNCIL ON MAY 3RD AND MAY 9TH, UH, WITH RESPECT TO AWARD SO WE CAN GET THAT PROJECT MOVING FORWARD.

UH, AND THEN LAST BUT NOT LEAST, WE DID HAVE AN EARTH DAY EVENT OVER AT THE COMMUNITY CENTER ON POWELL ROAD.

WE HAD 45 VOLUNTEERS SHOW UP.

UH, THEY COLLECTED A HUNDRED POUNDS OF TRASH PLANTED, 75 TREES AND 40 FLOWERS INVOLVES THAT'S ALL I HAVE FOR COUNCIL, UNLESS COUNCIL HAS ANYTHING FOR ME.

THANK YOU.

ANY QUESTIONS? COMMENTS FOR NANCY? WE HAD A VERY SUCCESSFUL STYROFOAM RECYCLING EVENT.

UH, HAD A HUGE TURNOUT.

WE HAD PEOPLE COME FROM IS AS BEST WE COULD TELL AS FAR AWAY AS COLUMBUS.

[00:15:02]

AND I SAW SOMETHING WITH THE POSTMARK OF LOVELAND, OHIO.

SO, UH, IT WAS WONDERFUL.

GREAT.

YEAH.

IS THAT THE SECOND TIME OR THE SECOND TIME? AND THERE WILL BE A QUARTERLY ONES ALL THROUGHOUT THE DAYTON AREA.

THANK YOU.

ANYONE ELSE HAVE ANYTHING FROM BRIAN REGARDING ANYTHING IN HIS CITY MANAGER UPDATE? OKAY.

NEXT UP IS I NUMBER 12, WHICH IS NEW BUSINESS UNDER OUR CITY COUNCIL.

SO MR. ROGERS, OH, I SAID PENDING BUSINESS.

MY BAD.

I HAD ALREADY WORKED OUT TOO SOON.

I MEAN, BUSINESS, THERE IS NONE THIS EVENING.

THEY'RE REALLY ALL THAT FOR NOTHING PROCEDURALLY.

[ A Motion To Appoint Matthew Shomper, Ronald Deak, Jen Sirucek, Scott Davidson, And Jeffrey Held To The 2022 Comprehensive Development Plan Steering Committee.]

I DON'T REMEMBER 12 NEW BUSINESS ITEM, 12, EIGHT IT'S RANDOM 12, EIGHT EMOTION TO A POINT MATTHEW SHOPPER, RONALD DEAK, JENN SUICIDE, SCOTT DAVIDSON, AND JEFFREY HELD TO THE 2022 COMPREHENSIVE DEVELOPMENT PLAN, STEERING COMMITTEE, ANTONIO, MANY ADDITIONAL COMMENTS.

THESE ARE JUST THE LAST FIVE APPOINTMENTS TO THE STEERING COMMITTEE, UH, FOR THIS ROUND.

UH, ALL THE BACKGROUND CHECKS, UH, BEEN PROCESSED AND WE'RE FINE.

SO WE WOULD ASK FOR COUNCIL'S APPROVAL OF THIS MOTION, THE SOONER.

THANK YOU.

THAT WAS THE RECOMMENDATION OF THE WORK SESSIONS, THEIR EMOTION.

OKAY.

I'D LIKE TO MAKE A MOTION TO A PLAINTIFF MARK.

SECOND MOTION.

A SECOND IS ANY DISCUSSION.

OKAY.

TONY MS. BAKER.

YES.

MR. CAMPBELL.

YES.

THIS IS BERGE.

YES.

MR. OTTO.

YES.

MR. LION.

YES.

MRS. KITCHEN.

MR. WEBB, MR. SHAW.

YES.

AND MOTION CARRIES EIGHT TO ZERO.

NEXT UP

[ A Motion To Appoint Bayram Gulalieu To The Culture And Diversity Citizens Action Commission For A Term Ending December 31, 2023.]

WE HAVE ITEM 12, B ITEM 12, B EMOTION TO A POINT BALRAM GULU TO THE CULTURE AND DIVERSITY CITIZENS ACTION COMMISSION FOR TERM ENDING DECEMBER 31ST, 2023 ANTONIA.

ANY ADDITIONAL COMMENTS? UH, JUST THE RECOMMENDATION WAS FOR APPOINTMENT THIS EVENING.

THIS IS FOR THE REMAINING VACANCY ON THIS PARTICULAR COMMISSION.

THE BACKGROUND CHECK HAS ALSO BEEN COMPLETED.

THANK YOU.

AND A RECOMMENDATION WAS TO ADOPT MARK MOTION TO A POINT OR A SECOND.

NANCY SECOND.

ANY DISCUSSION? OKAY.

UM, MR. CAMPBELL.

YES.

MRS. BERG.

MR. OTTO.

YES.

MR. LYONS.

YES.

THIS IS KITCHEN MR. WEBB.

MR. SHAW.

YES.

MS. BAKER.

YEAH.

YEAH.

MOTION ALSO CARRIES EIGHT TO ZERO.

[ A Motion To Direct The Clerk Of Council To Respond To The Ohio Division Of Liquor Control With No Objections In Reference To New Liquor Permit #0055605 For Action Palace At 5605 Old Troy Pike, Huber Heights, Ohio 45424.]

NEXT IS ITEM 12 SEAT ITEM 12.

SEE A MOTION TO DIRECT THE CLERK OF COUNCIL TO RESPOND TO THE OHIO DIVISION OF LIQUOR CONTROL WITH NO OBJECTIONS IN REFERENCE TO NEW LIQUOR PERMIT NUMBER 0 0 5 5 6 0 5 FOR ACTION PALACE AT 5 6 0 5 OLD TROY PIKE, HUBER HEIGHTS, OHIO 45 42 FOR ADDITIONAL COMMENTS.

UH, THIS WAS REVIEWED BY THE POLICE AND FIRE DIVISIONS.

THERE WERE NO OBJECTIONS TO THE GRANTING OF THIS NEW LIQUOR PERMIT.

UH IT'S FOR A BILLIARDS HALL AND GAME ROOM, UM, AT THIS LOCATION, UH, OPERATING UNDER THE NAME OF ACTION PALACE.

AND THANK YOU.

AND THE RECOMMENDATION WAS ADOPTIONS ARE EMOTION, MR. WEBB SOMA.

IS THERE A SECOND? SECOND AND WE HAVE ANY DISCUSSION RICHARD FISHER.

UM, I HAVE PLENTY TO SAY LATER, TONY, CALL THE ROLL PLEASE.

MRS. BURCH.

YES.

MR. OTTO.

YES.

MR. LYONS.

YES.

MRS. KITCHEN.

YES.

MR. WEBB, MR. SHAW.

YES.

MS. BAKER, MR. CANNIBAL.

YES.

MOTION CARRIES EIGHT TO ZERO.

AND NEXT

[ A Resolution Authorizing The Law Director To Register An Objection To A Liquor Permit Renewal And Request A Hearing. (first reading)]

IS ITEM 12, D I AM 12 D A RESOLUTION AUTHORIZING THE LAW DIRECTOR TO REGISTER AN OBJECTION TO A LIQUOR PERMIT, RENEWAL AND REQUEST A HEARING AT THE FIRST READING 10, I WOULD DEFER TO THE LAW DIRECTOR, MR. MCDONALD ON THIS ITEM.

UH, THIS IS REGARDING THE MARATHON STATION THAT WE TALKED ABOUT AT THE LAST COUNCIL MEETING.

UM, IT IS OBJECTING ON TWO GROUNDS AND WE HAVE TO FILE THE OBJECTION BY, I BELIEVE MAY 2ND IN ORDER TO GET IT TIMELY FILED.

THANK YOU.

IS THERE A MOTION NANCY AFTER? IS THERE A SECOND, SECOND MOTION AND A SECOND, IS THERE ANY DISCUSSION MR. I'LL GO AHEAD AND JUMP ON THIS ONE REAL QUICK.

UM, YES.

THANK YOU.

UM, MR. MCDONALD, IF I MAY, UH, THIS PARTICULAR OBJECTION IS JUST FOR THE RENEWAL, NOT FOR THE LIQUOR LICENSE ITSELF, UM, OR IS IT ONE IN THE SAME, IF YOU CAN CLARIFY THAT, UM, YOU HAVE THE OPPORTUNITY TO OBJECT ONCE A YEAR AND SO, OR WHEN THERE IS A TRANSFER OR IF IT'S A NEW LICENSE.

AND SO THIS IS OUR ONLY OPPORTUNITY ON THIS ONE BECAUSE IT'S THEIR ANNUAL RENEWAL.

THANK YOU.

UM, AND SOME DISCUSSIONS WITH SOME OF OUR STATE REPRESENTATIVES WHO I'VE SPOKEN WITH OVER THE PAST WEEK ON THIS MATTER.

UM, WHAT DOES, UH, WHAT DOES COUNCIL HAVE IN THE FORM OF OPPORTUNITIES, UH, TO PUT THIS IN FRONT OF THE VOTERS AS, FOR, AS FAR AS A LOCAL OPTION OR A PADLOCK TO NUISANCE, UM, OR IS THAT ADDITIONAL INFORMATION THAT WE WOULD HAVE TO COME BACK AT A WORK SESSION? I'D HAVE TO COME BACK ON THAT.

THANK YOU.

UM, MERIT IS MY REQUEST TO, TO HAVE THAT ADDITIONAL INFORMATION ON THE WORK SESSION FOR FURTHER DISCUSSION.

UM, I DO THINK WE NEED TO MOVE QUICK, FAST,

[00:20:01]

AND IN A HURRY ON THIS.

UM, AS WE'VE SEEN PREVIOUSLY, THESE OBJECTIONS ARE VERY, UH, UNTIMELY.

UH, THEY, UH, THEY TAKE WAY TOO DARN LONG AND, UH, I THINK WE AS A COMMUNITY NEXT INTO RETINAL LATER, AND IF THAT, TO PUT IT IN AN OPTION ON THE NOVEMBER BALLOT, UH, TO, UM, UH, HAVE THE RESIDENTS SPEAK UP TO WITHHOLD THAT LIQUOR LICENSE OR PADLOCK TO, UM, YOU KNOW, THE BUILDING FOR A NUISANCE, UM, I HAVE SHARED MY COMMUNICATION WITH OUR STATE REPRESENTATIVES AND THE OHIO LIQUOR CONTROL AGENT THAT I'VE BEEN DIRECTLY SPEAKING WITH WITH OUR CITY MANAGER.

UM, SO THERE IS AN OPEN COMMUNICATION ON THAT.

I WILL CONTINUE TO MOVING THAT FORWARD AS INFORMATION DOES COME AVAILABLE.

UM, BUT HOPEFULLY THE LAW DIRECTOR CAN BRING IT BACK MORE RESEARCH, UH, UH, AT THE NEXT WORK SESSION, AS FAR AS THIS, I, I THINK WE NEED TO MOVE ON THIS.

AND, UM, UM, I WOULD LIKE TO REQUEST A WITNESSES FILED THAT COUNSEL IS NOTIFIED OF WHEN THE HEARING IS AS WELL.

OKAY.

YEP, ABSOLUTELY.

NO PROBLEM.

SO TINY FIELD, JUST MAKE SURE THAT, UH, IT'S THE AGENDA FOR OUR NEXT WORK SESSION.

GOT IT, GLEN.

YEAH.

UM, JERRY, I WAS JUST WONDERING, THERE WAS NO MENTION OF IT IN HERE, BUT WOULD IT BE WORTH MENTIONING IN OUR OBJECTION THAT AS FAR AS I'M CONCERNED THAT D FIVE LICENSE IS INAPPROPRIATE FOR THAT ESTABLISHMENT? UH, YES.

THIS IS JUST THE STATUTORY GROUNDS.

THAT'S IN THIS RESOLUTION.

THERE'S GOING TO BE AN AFFIDAVIT FROM THE LAW DIRECTOR THAT MORE CLARIFIES THE DIFFERENT REASONS.

AND THAT IS ONE OF THE REASONS.

OKAY.

THANK YOU VERY MUCH.

ANYTHING ELSE? CAN WE HAVE A MOTION AND A SECOND GEORGIA'S CALL THE COLORADO PLEASE.

MR. OTTO.

YES.

MR. LYONS.

YES.

MRS. KITCHEN.

MR. WEBB.

YES.

MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

MRS. BERG.

YES.

AND MOTION CARRIES EIGHT TO ZERO.

[ A Public Hearing Scheduled For April 25, 2022 By The Huber Heights City Council For Zoning Case 21-45. The Applicant Is Kirmon Khalilov. The Applicant Is Requesting Approval Of A Major Change To The Basic And Detailed Development Plan In A PC (Planned Commercial) District For The Property Located At 5840 Old Troy Pike And Further Described As Parcel ID P70 01923 0004 On The Montgomery County Auditor's Map (Zoning Case 21-45).]

AND NEXT UP IS ITEM 12 E ITEM 12 VIA PUBLIC HEARING SCHEDULED FOR APRIL 25TH, 2022 BY THE HUBER HEIGHTS CITY COUNCIL FOR SONY IN CASE TWO, ONE DASH FOUR FIVE.

THE APPLICANT HAS CAROMONT KALA.

THE APPLICANT IS REQUESTING APPROVAL OF A MAJOR CHANGE TO THE BASIC AND DETAILED DEVELOPMENT PLAN AND A PC PLAN COMMERCIAL DISTRICT FOR THE PROPERTY LOCATED AT 5 8, 4 0 OLD TROY PIKE, FURTHER IDENTIFIED AS PARCEL ID 0 0 1 9 2 3 0 0 0 4 ON THE MONTGOMERY COUNTY AUDITOR'S MAP AND ZONING CASE TWO ONE DASH FOUR FIVE.

THANK YOU, MR. ROGERS, LOTS OF GAVELS TONIGHT.

WE HAVE SIX PUBLIC HEARINGS ON OUR AGENDA THIS EVENING.

SO THE PUBLIC HEARING SCHEDULED FOR APRIL 25TH, 2020 TO YOU BY THE HEBREW HEIGHTS CITY COUNCIL PRESENTING CASE 21 DASH 45 IS OPEN.

SO I WOULD CALL ON OUR CITY STAFF TO MAKE AN INITIAL PRESENTATION.

AARON, HOW ARE YOU, SIR? I'M OKAY.

I, UH, GOOD EVENING, MAYOR COUNCIL.

THESE, MY ALLERGIES ARE KILLING ME.

SO I, UH, BEAR WITH ME.

I APOLOGIZE HERE IS THE, UH, THE LOCATION ON, AT, UH, UH, 58 40 OLD TROY PIKE.

THIS IS A AERIAL VIEW, UH, SITE DETAILS.

SO ONE THING, UH, MEMBERS, UH, THIS IS MY FIRST PRESENTATION, SO I'D LIKE FEEDBACK ON TOO MUCH DETAIL, TOO LITTLE DETAIL, ET CETERA.

UM, SO, UH, THE SITE IS TWO AND A HALF ACRES.

PREVIOUS LEE WAS A AUTO DETAILING, UH, ESTABLISHMENT.

UM, IT WAS HEARD BY THE COUNCIL IN DECEMBER OF 2000 OF DECEMBER 21.

I WAS TABLED, THERE WAS A REVISION TO THE SITE PLAN IN FEBRUARY.

UH, THE CASE WAS TABLED AGAIN, SO THAT I COULD WORK WITH THE APPLICANT ON THE DESIGN.

UH, THERE WAS THE SECOND REVISION WAS HEARD BY COMMISSION ON MARCH 15TH, 2022, WHICH, UH, COMMISSION RECOMMENDED DENIAL THREE TO ONE.

UM, THERE WAS A THIRD SUBMITTED BY THE APPLICANT ON APRIL 7TH, WHICH WE'LL TALK ABOUT, UM, THEY'RE MAINLY THE PLANNING COMMISSION'S CONCERNS WAS THAT THE ORIGINAL SITE PLAN THAT WAS SUBMITTED MADE THE SITE EVEN LESS CONFORMING TO THE PLAN COMMERCIAL DISTRICT.

THERE WERE ALSO CONCERNS ABOUT AUTO SALES ALONG OLD TROY PIKE, UH, CHANGING THE CHARACTER OF THAT, UM, OF THAT, UH, CORRIDOR, UH, AND THE DENSITY OF PARKING, UM, THAT WAS BEING PROPOSED.

THE PLANNING COMMISSION WAS ALSO SYMPATHETIC TO THE NEAREST CONCERNS ABOUT POTENTIAL NOISE, DISRUPTING FUNERAL SERVICES, UM, AS PART OF THE AUTO SERVICE AND REPAIRS.

THIS WAS THE FIRST SITE PLAN.

UH, YOU CAN SEE THERE WERE THREE, EXCUSE ME, THREE ROWS OF CARS IN THE FRONT.

IS IT REALLY MORE OF A DISPLAY AREA THAN PARKING? UM, WE WORKED WITH THE APPLICANT TO, UM, MOVE OR, OR MAKE THE, UH, DISPLAY AREA MORE LIKE YOUR TRADITIONAL PARKING LOT.

UH, THERE WAS STILL CONCERNS ABOUT A, THE 15 FOOT BUFFER TO THE NORTH, UH, BEING CUT IN HALF.

UM, THE SUBSEQUENT REVISION, UM, HAS SIGNIFICANTLY REDUCED THE AMOUNT OF PARKING OR DISPLAY UP FRONT, UH, AND MOVED MORE, UH, OF THE VEHICLE

[00:25:01]

DISPLAYS TO THE REAR.

UH, THIS SITE PLAN IS, UH, IS MUCH MORE IN COMPLIANT WITH THE PLAN COMMERCIAL ZONING.

UH, IT DOES KEEP THE 15 YARD SIDE BUFFER, WHICH IS CONSISTENT WITH THE ZONING REQUIREMENTS.

YOU SAID IT MOVES THAT FRONT PARKING SET BACK TO 30 FEET FROM 25 FEET AND MOVES ADDITIONAL DISPLAY AREAS TO THE REAR.

UM, AS FAR AS CONFORMANCE WITH THE ZONING, UM, THE VEHICLE SALES AND SERVICES ARE PERMITTED IN PLANNED, UH, IN THIS DISTRICT, IF IT'S APPROVED THROUGH THE BASIC DEVELOPMENT PLAN, WHICH IS WHAT WE'RE HERE TO DISCUSS.

UM, THE REVISED SITE PLAN DOES CONFORM TO THE YARD STANDARDS WITHIN THE ZONING CODE.

UH, AND THE SITE PLAN IS NOW IN CONFORMANCE WITH MOST OF THE PARKING, UM, REGULATIONS IN 1158, EXCUSE ME, 1185.

UM, AS, AS YOU ARE WELL AWARE, THE APPLICANT HAS STARTED TO, UH, MAKE SOME IMPROVEMENTS TO THE, UH, TO THIS AREA, UH, THAT HE HAS INFORMED ME TODAY THAT THE, UH, THE, THE REPAVING THAT TOOK PLACE IS CONSISTENT WITH WHAT, UH, IS BEING DISPLAYED HERE ON THIS REVISED SITE PLAN.

UH, AND THEY'RE HERE OF COURSE, TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE, OR DO YOU HAVE QUESTIONS OF ME AND HAVE ANY QUESTIONS? OKAY.

600 CALLING REPRESENTATIVES FOR CARMEN CALL OFF TO MAKE ANY COMMENTS, OR IF I NEED ADDITIONAL INFORMATION.

SO IS IT, I WANNA ADDRESS THE COUNCIL, WE HAVE TO DECIDE ANYTHING.

OKAY.

UM, I'M AWARE YOU GUYS GOOD EVENING, FIRST OF ALL, TO THE MAYOR AND THE COUNCIL, UM, AMMAN, AS YOU GUYS ARE AWARE, WE HAVE ALREADY STARTED THE PAVING.

UM, I'D LIKE TO CLARIFY WHY WE DID.

UM, SO I CONTACTED MANY COMPANIES, UH, TO GET STARTED AND THEY'RE ALREADY ON FULL WITH SCHEDULING.

THEY'RE GOING TO START IN FIVE, SIX MONTHS.

SO I FOUND THIS ONE COMPANY AND, UM, HE SAID HE HAS TO DO IT RIGHT NOW BECAUSE HE DOES.

HE'S ALSO FULL THAT'S KEY IS GOING TO START IN, LIKE IN A WEEK OR TWO.

SO, UH, WE GAVE HIM THE READY TO GO, BECAUSE I DON'T KNOW IF YOU GUYS SAW THE, UH, CONDITION OF THE ASPHALT IT'S REALLY BAD.

AND IF WE DON'T FIX IT RIGHT NOW, IT'S GOING TO GET MUCH WORSE.

SO, UH, WE SAID, UM, MIGHT AS WELL GET STARTED WITH THE, WITH THE FRONT AS WELL, THE, THE PARKING LOT IN THE FRONT.

AND, UM, WE DID NOT KNOW, UH, THAT WE HAD TO GO THROUGH THE CITY AS WELL TO GET LIKE A PERMITS AND STUFF, BECAUSE THE CONTRACTOR, MY REALTOR TOLD ME THAT YOU'RE ALLOWED TO DO THAT WITHOUT, UH, GETTING APPROVED FOR THE DEALER AND STUFF FOR NOW.

SO I THINK, AND I, I APPRECIATE YOUR COMMENTS.

I THINK THE, UM, PROBABLY SOME OF THE HEARTBURN THAT SOME OF THE COUNCIL OR ALL OF COUNCIL MAY HAVE IS THAT, YOU KNOW, WE HAVE SOME PRETTY SPECIFIC PROCESSES THAT WE HAVE TO GO THROUGH AND FROM A, FROM A ZONING CHANGE, CAUSE THAT PARTICULAR PIECE THAT'S ON THE PLAN, YOU KNOW, THAT THAT'S WHY WE'RE HERE TONIGHT TO DETERMINE WHETHER OR NOT THAT PLAN IS APPROVED AND CAN GO FORWARD AND WITHOUT AN APPROVAL FOR THAT PLAN TO GO FORWARD.

AND, AND I UNDERSTAND THE, YOU KNOW, LOOK, I THINK WE ALL DEAL WITH ISSUES ON, ON OUR, UH, SCHEDULING AND CONSTRUCTION AND ALL THOSE THINGS, BUT, UH, BUT THAT CAN'T GET IN THE WAY OF THE PROCESSES THAT WE HAVE TO, THAT WE HAVE TO GO THROUGH AND GIVE.

AND ESPECIALLY SINCE THIS IS A PUBLIC HEARING, GIVING PEOPLE THE OPPORTUNITY TO COME AND SPEAK AND VOICE THEIR CONCERNS.

I MEAN, THAT'S, UM, YOU KNOW, I DROVE PAST THERE ON, UH, ON WEDNESDAY, ON MY WAY TO ANOTHER MEETING AND SAW CONSTRUCTION GOING ON THERE.

AND I THOUGHT THE SAME THING, LIKE WHAT THE WORLD THOUGHT WE WERE GOING TO BE TALKING ABOUT THIS AT THE NEXT MEETING.

SO, UM, SO I UNDERSTAND THERE'S CERTAINLY PROBABLY SOME FRUSTRATION AND A LITTLE BIT OF CONCERN THAT, UM, YOU KNOW, WE THINK YOU'RE JUST ABOUT THE RULES AND THE PROCESSES AND PROCEDURES.

I MEAN, IS THIS GOING TO BE IT? OR, I MEAN, UM, OR ARE WE GOING TO BE COMPLIANT IF THIS MOVES, IF THIS MOVES FORWARD AND WHAT, WHAT HAS TO BE DONE BECAUSE THIS JUST CAN'T HAPPEN.

YEAH.

I UNDERSTAND THAT COMPLETELY.

UM, WHAT IT IS, UH, WE THOUGHT IF WE DON'T GET APPROVED FOR THE DEALERSHIP, WE WANT IT TO GO AHEAD AND GET STARTED WITH THE SERVICE COMPANY THAT WE WANT TO MAKE.

SO WE SAID, YOU KNOW, WE STILL NEED THE PARKING IN THE FRONT.

AND, UM, YEAH, THE THING IS THAT WE, WE BOUGHT THE PROPERTY LIKE OVER A YEAR AGO AND WE STILL HAVEN'T STARTED WE'RE PAYING BILLS AND TAXES.

SO WE WANTED TO GET STARTED RIGHT AWAY WITH THE BUSINESS.

SO THAT'S WHY WE KIND OF WENT AND I HEARD HE IN A HURRY AND THAT WAS OUR MISTAKE.

WE DIDN'T GET A PERMISSION FIRST FOR THE BUILDING AND WE'RE OPEN TO, YOU KNOW, IF WE DON'T GET APPROVED, WE'RE OPEN TO, YOU KNOW, TAKE THE ASPHALT OFF AND FILL IT BACK UP WITH, YOU KNOW, WE CAN FIX EVERYTHING.

IT'S JUST THE REASON WHY WE DID THAT.

LIKE I SAID, BECAUSE SINCE WE WERE ALREADY REPAIRING THE LOT AND EVERYTHING, WE WANT IT TO GET STARTED WITH THAT AS WELL.

OKAY.

WELL, LOOK, I APPRECIATE YOU

[00:30:01]

SAYING THAT.

I MEAN, I THINK SO.

UM, SO PREEMPTIVELY SAYING, I MEAN, IF I HAVE NO IDEA, BUT IF, DEPENDING ON WHAT COUNCIL DECIDES, IF THIS, IF THIS DOESN'T WORK AT THE CAR SALES DOESN'T WORK, YOU'RE WILLING TO FIX WHAT YOU'VE DONE.

I THINK THAT SAYS SOMETHING.

SO, SO AT LEAST FROM MY PERSPECTIVE, I APPRECIATE THAT.

UM, ANY OTHER QUESTIONS FOR THE, UH, FOR THE APPLICANT OR ANYBODY FROM THE, YOU DIDN'T ASPHALT? THE, THE ENTIRE FRONT, THERE ARE SOME INTERMITTENT SPOTS WHICH LOOKED VERY CURIOUS.

WHY, WHY WAS THAT DONE? WHAT SPOTS THERE WAS, THERE WERE SOME SECTIONS OVER HERE THAT HAD CRASH ASPHALT, AND THEN THERE WAS A BARE AREA.

AND THEN THERE WAS ANOTHER ONE, OH, BECAUSE, UM, WE RAN OUT OF ASPHALT AND THE COMPANY, THE PLANTS WERE CLOSED THAT DAY, SO WE CAN FINISH.

AND, UM, OUR CONTRACTOR, HE, UH, FLEW OUT OF TOWN BECAUSE HIS UNCLE PASSED AWAY.

SO HE WAS GOING TO BE BACK TOMORROW TO FINISH UP THE WORK.

I ALREADY CONTACT HIM SAYING, WE NEED TO STOP, YOU KNOW, BECAUSE WE DIDN'T KNOW.

AND, YOU KNOW, UNTIL WE GET APPROVED, WE, WE CAN GET STARTED.

THEN THANK YOU FOR THE RECORD.

BRIGHT W UH, A STOP WORK ORDER WAS ISSUED.

WAS THAT CORRECT? CORRECT.

THE STOP WORK ORDER WAS ISSUED.

SO REGARDLESS OF WHAT HAPPENS NEXT, THE APPLICANT IS GOING TO HAVE TO WORK WITH THE CITY TO HAVE SOME KIND OF, UH, AMENDED, UH, PUD OR DOCUMENTED PUD, UH, TO RESOLVE THIS ISSUE.

BUT THERE IS A STOP WORK ORDER.

DOES THAT, DOES THAT CHANGE OUR PROCESSES? I MEAN, DOES THERE NEED TO HAVE TO COME BACK TO PLANNING COMMISSION OR BACK TO COUNCIL, IF ANY, TO MOVE FORWARD PAST THAT STOP WORK ORDER, OR WHERE DOES THAT LEAVE? THAT WOULD DEPEND ON WHAT HAPPENS NEXT.

IF COUNCIL WERE TO APPROVE THE PLAN THAT'S BEING PRESENTED TONIGHT, THAT WOULD BE A MODIFICATION TO HIS EXISTING PUD.

AND ASSUMING THAT EVERYTHING HE HAS SAID TONIGHT IS TRUE.

AND WE CAN VALIDATE THAT, UH, THROUGH THE PLANNING AND ZONING DEPARTMENT, UH, THROUGH, UH, MR. MILAN AND HIS TEAM, THEN HE WOULD BE COMPLIANT WITH THE NEW PUD, UH, OR HE WOULD HAVE, UM, PERMISSION TO MAKE MODIFICATIONS UNDER THE NEW PUD, WHICH IS THE PLAN BEING PRESENTED AND TO STOP WORK ORDER WOULD COME OFF.

IF COUNCIL DOES NOT, WE WOULD HAVE TO WORK WITH THE APPLICANT TO COME UP WITH SOME OTHER KIND OF SOLUTION.

AND THEN COUNCIL WOULD HAVE TO APPROVE THAT AT A FUTURE DATE, AS AN EXAMPLE, NO CAR SALES BUT SERVICE CENTER, CORRECT? YES, SIR.

ALL RIGHT.

JUST TRYING TO UNDERSTAND WHERE WE, WHERE WE ENDED UP HERE TODAY.

OKAY.

UM, I ALSO WANT TO CLARIFY THAT THE PARKING LOT, WE ACTUALLY TOOK IT BACK FURTHER.

SO INSTEAD OF 30 FEET, WE WENT 35 FEET FROM THE SETBACK.

SO WE WENT FURTHER DOWN.

OKAY.

OTHER QUESTIONS, NANCY, DO YOU HAVE, AND WHAT IS BEING DONE ABOUT THE, UH, SEPARATION BETWEEN YOUR PROPERTY AND THE FUNERAL HOME? UM, LIKE I PROPOSED, WE WANT TO PUT OUT YOUR BUFFER OUT OF RESPECT, YOU KNOW, SO THEY DON'T SEE THE CARS, UH, OR ANY DISTRACTIONS FOR THEM.

AND THAT'S A GENERIC TERM.

WHAT'S THE, UH, EXPLAINING YOUR BUFFER? I MEAN, IN, IN WIDTH, UM, UH, WHAT'S, UH, LISTED ON THE SITE PLAN IS A, ESSENTIALLY A, UH, UH, A 48 INCH OR 48 INCH TALL HEDGE THAT, UM, COVERS MOST OF THAT, UH, PARKING LOT AREA RIGHT HERE, 48 INCH, YEAH.

FOUR FEET.

THAT WAS WHAT THE APPLICANT WAS PROPOSING AND THAT'S, THAT IS COMPLIANT WITH, WITH ZONING.

SO WE DIDN'T HAVE ANY OBJECTION WITH THAT.

UH, FOREFOOT HEDGEROW, ESSENTIALLY, WE ASKED THE CLIENT, UH, THE APPLICANT TO, UH, INCREASE THE, UH, THE LANDSCAPING, UM, TO ALSO SOFTEN ALONG OLD TROY PIKE.

THE APPLICANT SAID THAT THEY, THEY WOULD, IT JUST DOES NOT, DID NOT MAKE IT TO THE, UM, TO THE REVISED SITE PLAN THAT I RECEIVED ON APRIL 7TH.

YEAH.

THE QUESTIONS.

YES.

WE RECEIVED OBJECTIONS FROM THE NEIGHBORS.

WHAT ARE WE GOING TO DO TO WORK WITH THE NEIGHBORS IN THAT AREA? I'M SORRY, WHAT WAS THE QUESTION? HI, THANK YOU FOR COMING.

WE RECEIVED LETTERS FROM THE NEIGHBORS AND THEY'RE NOT HAPPY.

THIS IS GOING IN.

WHAT ARE YOU GOING TO DO TO KEEP DOWN THE NOISE? AND WHEN YOU'RE WORKING ON CARS, ARE YOU GOING TO PUT UP INSULATED GARAGE DOORS AND KEEP THE GARAGE DOORS CLOSED OR, YEAH.

UM, I MEAN, IT DEPENDS.

I MEAN, IT'S A SERVICE PLACE.

I CAN'T REALLY CONTROL THE NOISE THAT COMES OUT OF IT BECAUSE THERE'S ALSO DOWN THE STREET.

THERE'S ALSO MANY SERVICE AREAS AS WELL, THAT MAKE NOISE AS WELL.

SO, UM, YEAH, IT'S ALL CLOSED UP AND EVERYTHING'S NOT GOING TO BE OUTDOORS.

IT'S ALL GOING TO BE INSIDE THE GARAGE.

SO THERE'S HARDLY YOU GET THE SERVICE-BASED DOORS CLOSED.

YES.

WHEN YOU'RE WORKING ON A CAR, YES.

MA'AM.

ARE YOU AGREEABLE

[00:35:01]

TO TALER FENCE, LIKE A BARRIER FOR THE HEDGEROW? ARE YOU TALL? FOUR FEET? NOT VERY TALL.

I MEAN, W WE THOUGHT THAT WE'D START WITH FOUR FEET AND THEN IT'LL JUST GROW.

UM, BUT YEAH, SO HE'S SAYING, SHE SAYS HE SEES ME ON THE FENCE.

PROBABLY TELL ME THE KIND OF TREE MR. MR. , HOW TALL ARE THEY GET? UM, 20 PLUS FEET.

UM, THERE IS, UM, THERE IS A UTILITY EASEMENT THAT RUNS ALONG, UH, THAT AREA.

I DON'T RECALL IF THERE WERE OVERHEAD LINES.

I DO NOT THINK THERE ARE, SO WE WOULD WANT TO WORK WITH THEM AS FAR AS TREE PLACEMENT, BUT THAT WOULD BE A LOW COST HIGH VALUE, UM, BUFFERING OPTION.

IT'S FREDERICK.

THANK YOU.

FIRST OF ALL, I APOLOGIZE.

WAS COUNCILMAN BAKER DONE WITH HER LINEN QUESTION.

OH, OKAY.

ALL RIGHT.

THANK YOU.

UM, MR. UH, MR. SORROW, UM, THE EXISTING PROPERTY, UM, IS THERE A BUFFER CURRENTLY IN THAT AREA BETWEEN, UM, THE FUNERAL HOME AND THE SHOWROOM, UH, LOCATION? SO THERE IS SOME EXISTING PLANTINGS THAT, THAT REALLY ON THE BAND ON FROM MID PARKING LOT BACKWARDS, UH, OR TOWARD THE REAR, I SHOULD SAY.

UM, I WOULD SAY THEY'RE IN VARIOUS STATE OF REPAIR.

UM, THEY PROBABLY SHOULD USE SOME, SOME TLC, BUT RIGHT NOW, UH, THERE IS NO, UM, AT THE FRONT OF THE PARKING LOT AREA, THERE WAS NO VEGETATION, JUST, JUST CORRECT.

SO, WOULD IT BE A, YOUR OPINION THAT WITH THE CURRENT LANDSCAPING THAT HAS BEEN PROPOSED BY THE APPLICANT WOULD BE AN IMPROVEMENT TO THE SITE? YES.

AND AM I AT THE UNDERSTANDING THAT THE APPLICANT IS LOOKING TO IMPROVE THE ALREADY EXISTING, AS YOU HAVE SAID, UM, DEBILITATING LANDSCAPING, UH, ON THE EXISTING PROPERTY LINE.

SO WE WOULD WORK WITH THE APPLICANT, UM, TECHNICALLY THIS IS COMPLIANT, BUT IT CERTAINLY NEEDS SOME, UH, MAINTENANCE, UH, AND WE WOULD WORK WITH THEM AS, UH, ON THAT ASPECT.

AND DO WE KNOW HOW LONG, UM, THE, THE PREVIOUS LOCATION, WHICH, UH, I BELIEVE ALSO A DETAILED CARS, THERE WAS A LOT OF NOISE AUTOMOBILES, THINGS LIKE THAT.

DO WE KNOW HOW LONG THEY WERE IN BUSINESS THERE? I DO NOT HAVE THAT AT THE TIP OF MY BRAIN.

I APOLOGIZE.

I'M WANTING TO S I'M GOING TO GET STATE THAT I'M GOING TO, I'M GOING TO SAY THAT THEY'VE BEEN IN BUSINESS FOR AT LEAST 15, 20 PLUS YEARS, IF NOT LONGER.

AND, UM, MRS. , IS IT YOUR OPINION WITH THE CURRENT ASPHALT AND BUILDING CONDITIONS, UM, WITH THE PROPOSAL THAT THE APPLICANT IS LOOKING TO IMPROVE THAT SITE D THE BUILDING AND THE ASPHALT, SAY THAT AGAIN, IN THE CURRENT CONDITION OF THE BUILDING AND ASPHALT, DOES THE PLAN IN FRONT OF US HERE TODAY, UM, MAKE IMPROVEMENTS TO BOTH THE BUILDING AND THE ASPHALT.

UH, CERTAINLY IT MAKES IMPROVEMENTS TO THE SITE.

UM, WE HAVE NOT DISCUSSED ANY BUILDING IMPROVEMENTS WITH THE APPLICANT.

WE WERE FOCUSED REALLY ON THE SITE ITSELF, BUT, UM, YES, IT WILL, IT WILL BE AN IMPROVEMENT OVER WHAT YOU SEE THERE.

AND, AND MY REVIEW OF THE GENERAL AREA THERE APPEARS TO BE SEVERAL.

AND I'M GOING TO SAY WITHIN A MILE STRETCH, UM, AUTOMOTIVE SALES SERVICE, UM, YOU KNOW, PARTS STORES WITHIN THAT CORRIDOR, AM I CORRECT? SO THERE ARE A NUMBER OF AUTOMOTIVE SERVICE, UH, USES UP AND DOWN OLD TROY PIKE.

WHAT IS NOT AT LEAST IN THIS SECTION, THERE ARE NO AUTOMOTIVE SALES USES, UM, SERVICE.

YES, NOT SALES, UH, AND, AND OUR CONCERN, OR MY CONCERN ORIGINALLY WAS WITH THE THREE.

YOU GO TO THE SITE PLANT, THIS DENSITY OF DISPLAY WOULD CHANGE THE CHARACTER OF OLD TROY PIKE.

UM, I THINK AS THE, AS WE'VE GOTTEN EACH ITERATION OF REFINEMENT, WE HAVE REDUCED THAT DENSITY OF, OF AUTO, UM, UM, PRODUCT THAT MAKES THIS LOOK MUCH MORE LIKE A TRADITIONAL PARKING LOT, WHICH HAS FOUND UP AND DOWN OLD TROY PIKE.

SO, AND HAVING TRAVELED THIS CORRIDOR FOR QUITE SOME TIME, I WOULD ALMOST SAY COUNTING THE CARS THAT'S IN THIS DESIGN RIGHT HERE.

UM, I THINK I'VE SEEN MORE CARS IN THE PARKING LOT AT MIDAS, UH, WHICH IS, UH, ACROSS THE STREET AND THE FAMILY DOLLAR THAN WHAT'S IN THIS DESIGN HERE.

SO

[00:40:01]

IN MY OPINION, AND PLEASE CORRECT ME IF I'M WRONG.

THE REVISION NUMBER THREE WE HAVE IN FRONT OF US IS A HUGE DRASTIC FROM RIVER REVISION ONE.

AND THE APPLICANT HAS BEEN WORKING WITH YOU, UM, WITH NO ISSUES TO MAKE THOSE CHANGES.

THAT'S CORRECT.

THANK YOU, MARY.

I'VE GOT NO FURTHER QUESTIONS AT THIS TIME.

MY QUESTION IS, UH, AARON, DID I UNDERSTAND THE APPLICANT TO SAY TONIGHT THAT THEY WOULD, UH, POSSIBLY, UH, BE INTERESTED IN THE AUTOMOTIVE SERVICE AND NOT THE CAR SALES? YES, THAT'S.

OKAY.

YES.

THAT'S MORE LIKE A BACKUP PLAN, UH, IF WE DON'T GET APPROVED FOR THE DEALERSHIP.

SO WE STILL WANTED THAT FRONT PARKING LOT FOR MORE SPACE IN THE FRONT TO PARK OUR CARS FOR LIKE CUSTOMERS THAT COME IN, BECAUSE THAT FRONT SECTION OVER THERE WITH THREE PARKING LOT, LIKE PARKING SPACES JUST WON'T BE ENOUGH.

I BELIEVE.

SO.

WE WANTED THAT FRONT PARKING SPACE AS WELL.

SO IF THE USEFUL, SIMPLY REPAIR NOT SELLS, YOU GUYS WOULD BE OKAY WITH THAT.

WELL, I MEAN, SO WE ORIGINALLY BOUGHT THIS PROPERTY JUST FOR, TO START UP A DEALERSHIP BECAUSE IT'S A GREAT LOCATION AND GREAT BUILDING WITH GREAT SPACE HAS A LOT OF POTENTIAL.

SO THAT'S WHY WE BOUGHT PROPERTY MAINLY FOR THE DEALERSHIP.

AND, UH, WHEN WE ASKED THE CITY, THEY SAID WE HAD TO GO TO A HEARING TO SEE IF THERE, IF WE HAVE ANY CHANCE.

SO, UM, THAT'S WHY WE'RE HERE TODAY TO, YOU KNOW, HOPEFULLY GET APPROVED FOR THE DEALERSHIP.

AND MY ONLY QUESTION, BASED ON A COMMENT YOU HAD MADE, UH, IF THE APPROVAL WAS SIMPLY THE SERVICE YOU GUYS WOULD BE OKAY WITH THAT, I MEAN, WE'RE GOING TO HAVE TO BE, WE HAVE NO OTHER CHOICE AND, AND, UH, AARON, HOW WOULD THAT WORK IF, IF THAT IS WHAT THE DECISION MIGHT BE.

SO THE AMENDED, UM, BASIC DEVELOPMENT PLAN WOULD NOW ALLOW AUTO SERVICE, UM, RATHER THAN KIND OF THE SPECIALTY DETAILING THAT IS CURRENTLY LAID OUT IN THE, IN THE ORDINANCE.

UM, WE WOULD THEN, YOU KNOW, THEN HE W HE WOULD APPLY FOR A ZONING PERMIT WITH A REVISED SITE PLAN THAT WOULD LIKELY KIND OF ELIMINATE, UM, THIS DISPLAY AREA AND BE BACK TO A NORMAL, UM, PARKING LOT.

UM, NOW, YOU KNOW, IN, IN THE FUTURE, IF SALES WERE TO OCCUR, THEN IT BECOMES AN ENFORCEMENT, UH, ISSUE WITH THE, WITH THE ZONING DEPARTMENT.

AND DID I UNDERSTAND FROM YOUR TESTIMONY TONIGHT THAT SERVICE OF AUTOMOTIVE REPAIR IS PRETTY TYPICAL IN THAT AREA? YEAH, THERE'S, THERE'S A, THERE'S A MITIS, THERE'S A, THERE'S A, I THINK I COUNTED THREE OR FOUR DIFFERENT ESTABLISHMENTS OF SALES, OR EXCUSE ME, OF SERVICE THAT ARE IN CLOSE PROXIMITY TO THIS.

SOME ARE BETTER MANAGER THAN OTHERS.

UM, BUT AS FAR AS AN EXTERIOR APPEARANCE, UM, WHAT I DIDN'T NOTICE OR SEE WHERE, OR SALES AND MY CONCERN ABOUT SALES, OR AT LEAST THE DISCUSSION THAT WE HAD, UM, WITH THE PLANNING COMMISSION CAME FROM THE FACT THAT YOU HAVE A LOT OF SIGN CREEP WITH AUTO SALES, REGARDLESS IF THEY'RE NEW, ARE YOU NEW OR USED? UH, AND SO WE WANTED TO BE MINDFUL OF MAINTAINING THAT, UM, YOU KNOW, THAT, THAT NICE APPEARANCE ALONG, UM, OLD TROY PIKE.

SO I DON'T TH I MEAN, THE PLANNING COMMISSION, THE DISCUSSION, THOSE WHO VOTED NO, UM, WERE REALLY TWOFOLD.

ONE INTRODUCING SALES BECAUSE OF, OF THAT, UH, THE, THE CHANGES OF THE CHARACTER.

UM, AND THEN THEY WERE MINDFUL OF THE CONCERN, LIKE I SAID, OF THE FUNERAL HOME TO THE NORTH.

AND IS THERE, IS THERE ANY AREA NEARBY, MAYBE THE CITY BE RIGHTS, EVEN OUTSIDE THE CITY OF HUBER HEIGHTS WHERE THERE'S BEEN SPRAWL WHERE USED CAR LOTS MIGHT BE IN YOUR KNOWLEDGE? YEAH, SO THERE ARE A USED CAR, YOU KNOW, WHEN WE WERE, WHEN I WAS WORKING WITH THE APPLICANT, WHAT I, SO I LIVED DOWNTOWN DAYTON, AND I SUGGESTED THAT THEY DESIGN THEIR, UM, THEIR PARKING OR THEIR DISPLAY AREA.

MORE LIKE WHAT WHITE ALLEN IS DOING WITH OUR NEW HONDA AND TAKE LESS CUES OF WHAT'S GOING ON ALONG DIXIE.

UH, AND SO THAT, THAT WE DID HAVE AN ATTRACTIVE, UM, UH, CART SALES AND SERVICE AREA, IF THAT WAS THE PURVIEW AND DECISION, THE PLANNING COMMISSION AND COUNCIL IN BEFORE WITH.

AND HERE'S MY CONCERN DURING THE DISCUSSION.

ONE REASON THAT WE USE THAT IT'S OKAY TO DO AUTOMOTIVE SERVICE HERE IS THERE ARE SEVERAL AUTOMOTIVE SERVICE, CORRECT? FOUR OR FIVE YEARS.

NOW WE MIGHT SAY, YOU KNOW, IT'S OKAY TO PUT ANOTHER USED CAR LOT IN BECAUSE WE HAVE THREE OR FOUR

[00:45:01]

ALREADY.

THAT'S MY CONCERN.

IS THAT AN APPROPRIATE CONCERN AS A COUNCIL MEMBER IN YOUR EXPERIENCE? WELL, THERE'S NEVER AN INAPPROPRIATE CONCERN AS, AS A COUNCIL MEMBER.

I WOULD SAY THAT, UM, YOU KNOW, THE MARKET WILL BEAR WHAT THE MARKET BEARS, UM, AND, UH, YOU KNOW, THERE PROBABLY ISN'T A MARKET FOR SALES AND CERT CLEARLY THERE'S A MARKET FOR SERVICE.

I DON'T KNOW IF THERE, WHAT, HOW BIG THAT MARKET IS.

UM, AND I THINK THAT IT'S APPROPRIATE FOR COUNCIL TO LOOK AT THE OPTIONS OR EXCUSE ME, THE EXISTING USES AND SEE, YOU KNOW, DOES THIS COMMERCIAL CORRIDOR HAVE THE RIGHT MIX, UH, OR IS THAT, YOU KNOW, OR ARE WE OVER SATURATED WITH A PARTICULAR USE? THE, UM, THE ZONING CODE GIVES YOU THAT AUTHORITY? UM, SO, AND, YOU KNOW, THAT'S, THAT'S REALLY YOUR DECISION AS THE POLICY MAKERS TO MAKE.

OKAY.

THANK YOU.

I HOPE I ANSWERED THE QUESTION.

OKAY.

ALL RIGHT.

ANY OTHER QUESTIONS? YES.

THANK YOU.

UM, AARON, QUICK QUESTION.

DO WE KNOW WHAT THE HOURS OF OPERATION WOULD POTENTIALLY BE HERE FOR AUTO SALES? UM, WHAT THE APPLICANT HAD TOLD, UH, THE PLANNING COMMISSION WAS THAT THEY WOULD BASICALLY KEEP A NORMAL, LIKE EIGHT TO FIVE, EIGHT TO SEVEN, KIND OF, UM, WAS IT MONDAY THROUGH SATURDAY IS WHAT YOU WERE PROPOSING? YEAH.

UM, IT WAS ALSO, UM, RECOMMENDED BY THE PLANNING COMMISSION THAT, UM, YOU KNOW, THEY WORK WITH THE NEIGHBOR OF THE FUNERAL HOME TO, YOU KNOW, CAUSE THE LEAST AMOUNT OF DISRUPTION WHEN SERVICES WERE, OR, YOU KNOW, OCCURRING.

AND FROM MY COMMUNICATION WITH FOLKS THAT USED TO WORK AT THIS LOCATION, THAT TYPE OF THAT LEVEL OF COMMUNICATION HAD OCCURRED THERE BEFORE.

AND YOU'RE SAYING THE APPLICANT'S WILLING TO CONTINUE THAT COMMUNICATION WITH THE NEIGHBOR.

THAT IS WHAT WAS INTIMATED AT THE PLANNING COMMISSION.

YEAH.

AND AS FAR AS SALES OF VEHICLES AND LIKE ITEMS IN THIS AREA, IT WAS BROUGHT TO MY ATTENTION THAT ACROSS THE STREET, FROM THIS LOCATION, A, UM, A TRAILER, A PROPOSED TRAILER SALES, UM, WAS LOOKING TO, UM, BUY, UM, THAT PROPOSED AREA JUST A FEW SHORT YEARS AGO.

SO, UM, IN MY OPINION, THE MARKET SAYS THAT THIS AREA IS LOOKING, UM, FOR THAT, UH, INVESTORS ARE LOOKING FOR THAT.

UM, UH, THAT IS JUST A FREE PIECE OF INFORMATION THAT I HAD COME ACROSS.

I'M SURE, I BELIEVE SPEAKING WITH THE PREVIOUS, UH, ASSISTANT CITY MANAGER THAT DOCUMENTATIONS HERE AT THE CITY REGARDING, UH, THOSE DISCUSSIONS, BUT, UH, I FEEL THAT THIS AREA IS MOVING FORWARD.

I THINK THE APPLICANT, UH, IN MY PERSONAL OPINION HAS MADE A, A, A SERIOUS CONCESSION TO REVISE FROM PLAN ONE ALL THE WAY TO PLAN THREE AND, AND IS EVEN, YOU KNOW, REQUESTING TO GO FURTHER FROM THERE.

I'M ALL ABOUT SMALL BUSINESS AND ENTREPRENEURSHIP.

AND IF WE'RE GOING TO BE ABLE TO WORK AND SATISFY OUR RELATIONSHIP WITH THE NEIGHBORS, AND AS YOU SAID YOURSELF, THIS IS IMPROVING THE SITE ALL ALL TOGETHER.

UM, BECAUSE, UM, YOU KNOW, WE WE'VE TALKED ABOUT HERE TODAY, UH, DURING THE HEARING THAT THE SITE ITSELF IS IN DISREPAIR AND VERY DILAPIDATED AND, UM, THE OWNERS, UM, HAS OWNED IT FOR THE PAST YEAR HAS STARTED MAKING IMPROVEMENTS, UH, HERE NOW.

UH, WOULD I BE CORRECT ON THAT THUS FAR? YES.

AND IF IT IS THE WILL OF THE COUNCIL TO MOVE FORWARD WITH THIS CHANGE, WE WOULD MAKE SURE THAT WE WORKED WITH THE APPLICANT TO, UH, ENSURE THAT THEY WERE WELL AWARE OF ALL OF THE SIGN REGULATIONS AND, AND THE OTHER DEVELOPMENT CONSTRAINTS THAT THAT WILL FOLLOW.

OKAY.

EXCELLENT.

MARY, I'VE GOT NO FURTHER QUESTIONS AT THIS TIME.

SO AARON, REAL QUICK, SOME OF THE THINGS YOU MENTIONED WAS YOUR, YOU WERE WORRIED, OR YOUR CONCERN WAS SIGNED CREEP.

IS THERE ANYTHING WE CAN DO TO ADD SOME VERY SPECIFIC RULES OR STIPULATIONS TO SIGNAGE, JUST SO THAT THE, UM, SO THE APPLICANT KNOWS THAT WE TAKE THAT VERY, VERY SERIOUS AND TO EXPECT ZONING CODE VIOLATIONS.

IF, IF, IF WE SEE THAT AND THAT DOESN'T, AND THAT DOESN'T MEAN THAT BECAUSE ZONING DOESN'T WORK ON SATURDAY AND SUNDAY, THAT SIGNS GO UP ON SATURDAY AND SUNDAY AND THEY COME BACK DOWN ON MONDAY.

I MEAN, I THINK WE NEED TO, IF I'M JUST MY OPINION, IF THIS MOVES FORWARD, I THINK WE HAVE TO BE VERY, VERY STRICT POLICY THAT I WANT THE APPLICANTS TO UNDERSTAND TOO, THAT THAT IS A VERY SERIOUS CONCERN.

AND AS THAT WOULD CHANGE THE LOOK OF OLD TROY PIKE, AND IF YOU'VE ADDRESSED THAT CONCERN AND PLANNING COMMISSIONER HAD THAT CONCERN, I'D WANT TO KNOW THAT WE HAVE SOME TYPE OF STIPULATION THAT THAT JUST DOESN'T HAPPEN.

SO, UM, YOUR SIGN CODE, IF THEY, IF THEY FOLLOW THE SIGN CODE, WE WILL BE FINE.

UM, AND SO WE WILL MAKE SURE THAT WE SIT DOWN WITH THEM AND LAY OUT ALL OF WHAT THE SIGN CODE ACTUALLY SAYS AND WHAT THOSE RESTRICTIONS ARE.

OKAY.

OKAY.

SO I THINK I'M JUST TO KIND OF, AT LEAST IN MY OWN MIND KIND OF SUM THIS UP.

WE HAVE, WE HAVE TWO ISSUES.

ONE IS IT DOESN'T CHANGE THE LOOK AND FEEL OF OLD TROY PIKE WITH THE CARS

[00:50:01]

THERE OR CAR SALES.

AND THEN THE OTHER PIECE OF THAT WOULD BE THE SERVICE, THE SERVICE PIECE.

SO I DON'T KNOW THAT CAR SALES IS GOING TO ADD A LOT OF NOISE.

THAT'S A BUSINESS TRANSACTION, SO THAT'S GOING TO NOT CHANGE THE NOISE OF THE AREA, BUT THEN THE SERVICE AREA.

SO IF NOISE IS A CONCERN THERE, UM, BUT IF THAT'S BUILDING HAS BEEN DOING THAT KIND OF STUFF PREVIOUSLY OVER THE YEARS, AND I'M NOT SURE HOW, HOW, HOW BIG OF A CONCERN IS THAT CHANGE? SO I THINK JUST KIND OF WEIGHING WHAT'S HAPPENING HERE.

THAT'S HOW I SEE THESE TWO ISSUES.

I DON'T, I DON'T SEE CAR SALES BEING ADDED AS A, AS A NOISE PROBLEM, BUT MAYBE IT'S AN AESTHETIC PROBLEM.

SO WE HAVE THAT ISSUE TO CONSIDER, AND THEN ON TOP OF THAT, THE NOISE TO BE CONSIDERED, BUT I'M NOT SURE IF THE AESTHETICS ISN'T MORE THE ISSUE THAN THE NOISE, BECAUSE THERE'S BEEN NOISE THERE IN THE PAST.

AND IT LOOKS LIKE THE APPLICANT IS, HAS DONE WHATEVER THEY COULD TO TRY TO APPEASE THIS COUNCIL ON THE, ON THE AESTHETICS OF, OF THAT PLACE.

SO, UM, WITH THAT, I WOULD OPEN UP THE OTHER FURTHER COMMENT OR QUESTION, YES, I JUST WANTED TO TOUCH BASE REAL QUICK.

I THOUGHT I WAS DONE, BUT YOU BROUGHT UP A VERY GOOD POINT ON THE SIGNS.

UM, YOU KNOW, I THINK WORKING WITH THIS APPLICANT AND THEIR BUSINESS TO MAKE SURE THAT THEY FOLLOW OUR SIGN CODE IS VERY IMPORTANT MAYOR, UH, BECAUSE I THINK THERE ARE A LOT OF, UH, PRIVATE ENTITIES AND BUSINESSES IN OUR COMMUNITY NOW, UH, THAT HAVE FORGOTTEN WHAT OUR SIGN CODE IS AND THINK THAT OUR ZONING DEPARTMENT DOES NOT WORK ON THE WEEKENDS.

AND WE'VE BEEN HAVING THIS ISSUE FOR SEVERAL YEARS.

SO YES, I, I WOULD LIKE TO REVISIT THAT AS A WHOLE.

UM, BUT EVEN WITH THIS PARTICULAR APPLICANT, I KNOW THAT'S BEEN AN ISSUE DEAR TO YOUR HEART VERY MUCH SO, SO, OKAY.

IS THERE ANY OTHER, YES, MR. WEB, THANK YOU.

MA'AM UM, I GUESS THIS WOULD GO TO AARON AND MY QUESTION IS SIMPLY AS A CAR LOT, THERE WERE 14 CARS PRESENTED AT THE FRONT, A VAST IMPROVEMENT OVER THE FIRST ITERATION OF THIS DESIGN.

HOWEVER, IT BEING A CAR LOT, YOU MENTIONED SIGN CREEP, WHETHER THIS WHAT'S THE CITY'S OPTIONS OTHER THAN CONTINUAL ENFORCEMENT, UM, WHEN 14 BECOMES 20, THEN 28 OR WHATEVER THEY CAN CRAM IN THE FRONT OF THE BUILDING THERE.

I DON'T SEE ANY LIMITATIONS IN WHAT'S GOING TO KEEP THEIR DISPLAY OUT FRONT TO JUST THE 14 CARS PICTURED ON THIS DRONE.

WELL, HOPEFULLY THE WAY THE, UM, AS THE PARKING LOT GETS DEVELOPED, THEY'RE JUST NATURAL TRAVEL ISLES THAT WILL SORT OF LIMIT THAT, UH, AMOUNT OF, OF CREEP.

UH, THERE'S ALSO A BIG UTILITY BOX HERE THAT, THAT ALSO KEEPS THAT FROM OCCURRING.

SO THERE ARE SITE CONSTRAINTS THAT, THAT DOES, THAT WILL LIMIT THAT, BUT AT THE END OF THE DAY, UM, WE WILL NEED TO BE MAKING SURE THAT WE'RE ENFORCING IT.

I DON'T WANT TO SAY THAT I'M NERVOUS, UM, BECAUSE I DON'T GET NERVOUS, BUT I AM CONCERNED THAT THE APPLICANT MOVED AHEAD WITH THIS ADDITIONAL PARKING LOT AFTER HAVING BEEN THROUGH AT LEAST THE INITIAL STAGES OF APPLYING FOR AND COMING BEFORE COUNCIL WITH HER PROPOSAL.

SO HAVING DONE THAT, I AM CONCERNED, NOT NERVOUS THAT THE APPLICANT WON'T THAT THEY CAN'T JUST LINE CARS UP IN THE EMPTY SPACE IS THERE.

AND AGAIN, YOU SAID IT MORE ELOQUENTLY AT THE PLANNING COMMISSION MEETING SIGN CREEP, BUT YOU ACTUALLY DID STRIKE A LITTLE NOTE OF TERROR IN MY HEART, AS I LISTENED TO YOU SAY BANNERS AND PENNANTS AND FLAGS.

AND SO THAT IS A REAL CONCERN OF MINE.

I HAVE NO ISSUE REALLY WITH THIS, UM, PROJECT, AS IT APPEARS HERE.

AND THE APPLICANT HAS STATED THAT IT'S GOING TO BE HIGHER AROUND, UM, UH, USED VEHICLES, BUT I AM CONCERNED THAT THE APPLICANT NEEDS TO LISTEN TO THE CITY AND, UH, ON OUR CODES.

AND, AND WHAT'S THE PRESENTING HERE.

THANK YOU.

MA'AM YES.

SO, UM, MR. WEBB, TO YOUR QUESTION, THAT WOULD BE A VIOLATION OF HIS PUD APPROVED PUD.

IF THE STACKING OF THOSE VEHICLES WERE TO MOVE OUTSIDE OF THE PLAN, THAT WOULD BE MODIFIED HERE.

SO, SIMILAR TO WHAT WE DID TODAY, IF THAT PUD WAS MODIFIED, UH, OUTSIDE THE EXTENT OF WHAT WE WOULD BELIEVE TO BE APPROVED HERE, WE WOULD ISSUE A STOP WORK ORDER FOR THAT.

VERY SIMILAR TO WHAT WE DID TODAY FOR THE WORK THAT HAPPENED ON FRIDAY.

SO THAT WOULD BE OUR RECOURSE TO, TO ENSURE THAT THAT CREEP IS NOT CONTINUED TO HAPPEN.

GOTCHA.

NOW, STOP WORK ORDER.

WOULD I'M ASSUMING PROJECTS COMPLETED A YEAR FROM NOW, WE SEE 28 CARS INSTEAD OF 14 CARS, RIGHT.

SO THE RIGHT.

SO THAT WOULD BE THE ZONING VIOLATION.

CORRECT.

PERFECT.

THANK YOU, BRIAN.

THANK YOU.

MA'AM THANK YOU.

[00:55:01]

YES.

RIGHT.

CAN YOU TELL ME THE ZONING VIOLATION? WHAT IS THE, UM, THE PUNISHMENTS, UM, I'D HAVE TO REFER TO THE CODE FOR THAT, BUT IN THIS PARTICULAR INSTANCE, UM, THE VIOLATION WAS THAT, UH, HE WAS, UH, THE APPLICANT OR THE PROPERTY OWNER, EXCUSE ME, UH, WAS OUTSIDE THE SCOPE OF HIS PREVIOUSLY APPROVED PUD.

THAT WAS THE VIOLATION THAT OCCURRED TODAY.

UH, WHAT THE VARIOUS ELEVATED PENALTIES ARE.

I I'D HAVE TO PULL THE CODE UP TO, TO REVIEW THAT, BUT I CAN FOLLOW UP AND PROVIDE THAT INFORMATION.

BUT THOSE ARE ARTICULATED.

I BELIEVE YOU WERE CONSISTENT WITH STATE LAW, WHICH IS A MINOR MISDEMEANOR PUNISHER, UH, WITH A FINE OF UP TO $500 PER DAY FOR EACH VIOLATION FOR EACH VIOLATION, IT CAN ADD UP, BUT THAT'S, THAT'S THE RECOURSE OF LAST RESORT.

USUALLY IT'S A VISIT AND NINE TIMES OUT OF 10, IT GETS HANDLED WITH A CONVERSATION.

OKAY.

AT THIS TIME, STAFF AND PLANNING COMMISSION DENIED THIS.

I'M ALSO A DENIAL.

I APOLOGIZE.

WHAT WAS THE LAST QUESTION OR A QUESTION? WHAT THE FINES WOULD BE FOR NON-COMPLIANCE ZONING.

THEY PUT UP TOO LARGE OF A SIGN OR WHATEVER, AND HE SAID IT WOULD BE A STOP WORK ORDER.

AND HE, THE CITY MAN, INTERIM CITY MANAGER, YOU KNOW WHAT THE FINES WOULD BE.

SHE'S GOING TO GET BACK TO YOU ON THAT.

OKAY.

AND AT THIS TIME, LIKE STAFF DENIED THIS, THEY DIDN'T RECOMMEND THIS.

AND SO I'M, AT THIS TIME, I'M NOT RECOMMENDING EITHER THE QUESTIONS.

OKAY.

NEXT I'LL CALL THE LAW DIRECTOR TO MAKE ANY COMMENTS OR TO PROVIDE ANY ADDITIONAL INFORMATION, NOTHING.

SO, IS THERE ANY OTHER REPRESENTATIVE OF THE CITY HE WRITES HERE TO MAKE ANY ADDITIONAL COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION? YES, GLEN.

YEAH.

JUST QUICKLY.

I'D LIKE TO SAY THAT.

I THINK THAT, UM, YOU KNOW, I'VE, I'VE ACTUALLY WORKED IN THAT BUILDING IN THE PAST AND I KNEW THE PRIOR OWNER AND HE DIDN'T REALLY PUT A MUCH TLC INTO THE PROPERTY.

UM, IT SOUNDS LIKE YOU GUYS WERE LOOKING TO REALLY IMPROVE THE PROPERTY, WHICH I THINK WOULD BE EXTREMELY BENEFICIAL AREA.

AND I APPRECIATE THAT.

UM, BEING AS LIKE, EVEN WHEN I WORKED THERE, THERE WAS AIR GUNS AND, YOU KNOW, WE WERE WORKING ON CARS.

THAT'S WHAT IT WAS.

THERE WAS ONE, I DON'T EVEN KNOW IF THE WALK UNDER BEES ARE EVEN STILL THERE, BUT, UM, SO THAT WORK HAS BEEN GOING ON FOR A LONG TIME.

SO IT'S NOT OUT OF THE ORDINARY FOR THAT.

UM, I, I WOULD LOVE TO SEE THIS PROPERTY REVITALIZED.

IT'S GONE DOWNHILL FOR A LOT OF YEARS.

UM, I LIKE THE PLAN.

I TRULY APPRECIATE THAT.

YOU'VE COME BACK TO S TO SAY ACQUIESCE TO OUR REQUESTS AND GIVE US WHAT WE WANT.

AND I GREATLY APPRECIATE THAT.

SO, UM, I, I HOPE YOU GET THE, UH, NEEDED APPROVAL THAT, THAT YOU'RE ASKING FOR.

AND THEN I WISH YOU LUCK ANY OTHER PRESENTED WITH THE CITY.

OKAY.

UH, IS THERE ANYONE PRESENT WHO WISHES TO SPEAK IN FAVOR OF THE APPROVAL OF THIS PARTICULAR ZONING ISSUE? CAN YOU, IS THERE ANYONE PRESENT WHO WISHES TO SPEAK AGAINST THE APPROVAL OF THIS ISSUE THIS EVENING, EXTRA CALL ANY OF THE MEMBERS OF THE HEBREW CITY COUNCIL TO MAKE THE COMMENTS OR THE FRONT END OF THE SURVEY? WE NEED TO KEEP THAT I DIDN'T EAT IN OUR PUBLIC HEARING PROCEDURE.

WE COULD TAKE IT OUT.

OKAY.

BECAUSE I ALWAYS FEEL LIKE I'M REPEATING MYSELF LIKE SIX TIMES ALREADY IT'S TO ALLOW THE COUNCIL MEMBERS TO SPEAK.

IF YOU DID HAVE PEOPLE SPEAKING FOR OR AGAINST THAT, IT MIGHT CHANGE THEIR COMMENTS MADE PREVIOUSLY BASED ON THE INFORMATION FROM THE PUBLIC.

OKAY.

YOU TOLD ME WE'LL KEEP IT.

IS THERE ANY COUNSELOR OR ANYTHING ELSE TO SAY? OKAY, ONE LAST TIME.

IS THERE ANYONE PRESENT WHO WISHES TO SPEAK IN FAVOR OF, OR AGAINST THIS PARTICULAR IS ANY COVID ISSUE? OKAY.

SO BARRING FURTHER COMMENTS, THE PUBLIC HEARING BY THE CITY COUNCIL PRESENTING CASE 21 DASH 45 IS HEREBY CLOSED.

SO LET ME GET MY PAPERWORK.

AND THAT ONE WAS WHAT

[ A Public Hearing Scheduled For April 25, 2022 By The Huber Heights City Council For Zoning Case BDP 22-07. The Applicant Is Charles Simms Development. The Applicant Is Requesting Approval Of A Basic Development Plan For Property Located At Brandt Pike North Of The Reserves At The Fairways (Zoning Case BDP 22-07).]

NEXT UP IS I'M 12 F ITEM 12 F A PUBLIC HEARING SCHEDULED FOR APRIL 25TH, 2022 BY THE HUBER HEIGHTS CITY COUNCIL FOR ZONING CASE BDP TWO, TWO DASH ZERO SEVEN.

THE APPLICANT IS CHARLES SIMS DEVELOPMENT.

THE APPLICANT IS REQUESTING APPROVAL OF A BASIC DEVELOPMENT PLAN FOR PROPERTY LOCATED AT BRANDT PIKE, NORTH OF THE RESERVES THAT THE FAIRWAYS AND ZONING CASE BDP TWO, TWO DASH ZERO SEVEN.

THANK YOU.

TONY PUBLIC HEARING IS SCHEDULED FOR APRIL 25TH, 2022, BUT HE WRITES CITY

[01:00:01]

COUNCIL PRESENTING CASE BDP 22 DASH ZERO SEVEN IS NOW OPEN, WOULD CALL ON HER, SAY STAFF, AARON TO MAKE OUR INITIAL PRESENTATION.

OKAY.

SO THIS IS THE, UH, THE SITE RIGHT HERE, UH, RIGHT OFF A BRANCH PIKE ACROSS FROM, UH, UH, METRO PARK, NORTH OF THE RESERVES.

UH, THE AQUATIC CENTER IS RIGHT HERE.

SO IT IS A, UH, ALMOST 16 ACRE SITE, CURRENTLY ZONE PLAN MIXED USE.

UH, THIS WAS A, SUPPOSED TO BE THE LAYER PHASE OF THE FAIRWAYS, WHICH WAS APPROVED IN EARLY 2000.

UM, THERE ARE 74, UH, FOR SALE UNITS IN 11 BUILDINGS.

AND THE AVERAGE DENSITY IS JUST OVER FOUR AND A HALF, UH, 4.6 UNITS PER ACRE.

UM, 64% OF THE S OF THE SITE, OR 10.2 ACRES IS OPEN SPACE.

THIS WAS THE ORIGINAL, UM, BASIC DEVELOPMENT PLAN THAT WAS APPROVED FOR THE SECOND PHASE OF THE, THE RESERVES, UH, THIS POORLY OUTLINED, UH, AREA IS, IS WHAT WE'RE TALKING ABOUT.

SO THIS IS THE, UH, THE SITE PLAN, UM, ONE MAIN ENTRANCE INTO THE AREA OFF OF, UM, BRENT PIKE, UH, LINE OF, OF, UH, UNITS.

AND THEN, UH, AS YOU'LL NOTICE, THERE IS A VERY LARGE, UH, OPEN SPACE AREA, UH, HERE AND THEN BUFFERING ALONG THE SOUTH PERIMETER, UH, FROM THE, FROM THE RESERVES TO THIS DEVELOPMENT HERE ARE RENDERINGS OF THE PROPOSED UNITS.

SO, UH, AS FAR AS CONFORMANCE WITH THE ZONING REGULATION, IT DOES MEET THE 15 FOOT DISTANCE BETWEEN BUILDING REQUIREMENTS.

UH, THERE ARE CLUSTERED AROUND LARGE USABLE GREEN SPACE.

THERE ARE PROPOSED WALKING PATHS THROUGHOUT THE DEVELOPMENT.

UH, PARKING IS PROVIDED THROUGH A MIXTURE OF GARAGES.

SO THERE ARE, UH, 334 SPACES THAT ARE PROPOSED, UH, ONLY 222 ARE REQUIRED.

UM, THE ZONING CODE REQUIRES DRIVEWAYS TO BE CONSIDERED A, A SPACE, WHICH IS WHY THE COUNT IS SO HIGH.

UM, THERE ARE SIX FOOT HIVE LANDSCAPING MOUND AROUND, UH, TO THE SOUTH, UH, TO BUFFER THE OPEN SPACE FROM THE EXISTING DEVELOPMENT.

UH, LIGHTING IS GOING TO BE PROVIDED, UH, THROUGH BAAL OR EXCUSE ME, EXTERIOR BUILDING LIGHTS, UH, AND THEN, UH, SOME PATH WALKING, SOME, SOME BOLLARDS OR LAMPPOSTS ALONG, UH, THE WALKING AREA AND PARKING AREAS.

AND THERE WAS SUBSTANTIAL USE OF MASONRY PRODUCT ON THE FRONT ELEVATIONS OF THE BUILDINGS AS YOU SAW IN THE, IN THE RENDERING.

UM, AS FAR AS THE DISCUSSION THAT WE HAD WITH PLANNING COMMISSION, UH, EVER THERE WAS OVERALL AGREEMENT, THAT IS A GOOD PROJECT.

UM, THERE WERE A FEW RESIDENTS OF THE RIVER, THE RESERVES WHO WERE CONCERNED ABOUT THE, UH, EMERGENCY ACCESS POINT AND WANTING TO MAKE SURE THAT THERE WOULD NOT BE CUT THROUGH TRAFFIC, UH, THROUGH, THROUGH THEIR DEVELOPMENT.

UH, AND THEN THERE WAS A LITTLE BIT OF CONCERN ABOUT THE BUFFERING ALONG A MONTE CARLO WAY, WHY THAT LANDSCAPING MOUND WASN'T IT, UM, EXTENDED, UH, AND BASICALLY THERE JUST ISN'T ROOM, UM, WHICH IS ISSUES WHY, UM, WE ALSO HAD DISCUSSIONS ABOUT LANE ALIGNMENT, UH, AND TURN LANES ALONG, UH, BRANT PIKE.

THERE WOULD BE LEFT HAND TURN LANES THAT WILL BE, UH, DEVELOPED AS PART OF THIS.

WE FELT THAT, OR I FELT THAT THE, UH, THE, THE PLAN MEETS THE BASIC OR MEETS THE REQUIREMENTS OF THE PLAN MIXED USE DISTRICT AND THE GENERAL STANDARDS WE RECOMMENDED, UH, APPROVAL, UH, WITH THESE, UH, CONDITIONS.

AND THE APPLICANT HAS, UH, ADDRESSED ALL OF THOSE CONDITIONS.

AND THIS FACT IS READY TO SUBMIT THE DETAILED DEVELOPMENT PLAN, UM, AS SOON AS POSSIBLE, UH, PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL OF THIS PROJECT.

OKAY.

THANK YOU.

SO I WOULD NOW CALL ON ANY REPRESENTS FROM CHARLES SIMPSON ELEMENT TO MAKE ANY KIND OF COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION.

IF YOU HAVE ANY FORCE, I DON'T HAVE ANY ADDITIONAL INFORMATION, BUT THANK YOU, MR. MAYOR AND CITY COUNCIL.

WE'RE HEARING THIS TONIGHT AND WE'RE EXCITED TO GET STARTED.

AND, UM, IF YOU HAVE ANY QUESTIONS YOU CAN PLEASE ASK.

OKAY.

THANK YOU.

UH, SO NEXT I WOULD CALL ON OUR LAW DIRECTOR TO MAKE ANY COMMENTS OR PROVIDE YOU YOURSELF IF IT WANTS YOU TO GO OUT AND JUST STAY THERE FOR A SECOND.

THAT WAY, WHEN WE GET TO NUMBER EIGHT AND WE TALKED TO CITY COUNCIL, THEN WE'LL MAIL.

YOU'LL BE THERE FOR US.

OF COURSE.

SO, UM, JERRY, ANY, ANY COMMENTS FROM THE LAW DEPARTMENT? NO LEGAL ISSUES, NO LEGAL ISSUES.

OKAY.

SOUNDS GOOD.

UH, ANY OTHER REPRESENTATIVE FROM THE CITY WITH THE EXCEPTION OF CITY COUNCIL, UH, HERE TO PROVIDE ANY ADDITIONAL INFORMATION FOR THIS PROJECT? IS THERE ANYONE PRESENT WHO WISHES TO SPEAK IN FAVOR OF THE APPROVAL OF THIS ISSUE? OKAY.

IS THERE ANYONE PRESENT WHO WISHES TO SPEAK AGAINST THE APPROVAL OF THIS SOUND IN CASE WE GO? AND YOU REMEMBER

[01:05:01]

IF HE WRITES CITY COUNCIL WISHES TO MAKE ANY COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION? FOR SURE.

THANK YOU.

UM, THIS MAY BE A QUESTION FOR MRS. ROWE AND THEN, UH, FOR THE, UH, FOR THE APPLICANT THERE SHORTLY AFTER, UM, COULD YOU PLEASE OUR MEMORY AS TO WHAT THE DECISION WAS BEING MADE ON HAVING ONE ENTRANCE AND ONE EXIT ONLY, UM, ON THIS PLAN WITH THE NUMBER OF UNITS COMPARED TO OUR CODE? YEAH, SO THERE'S ACTUALLY TWO TECHNICALLY.

UM, SO THERE'S THE MAIN ENTRANCE HERE OFF OF BRAND PIKE AT THE END OF THIS CUL-DE-SAC IS AN EMERGENCY ENTRANCE.

UM, THAT IS, UH, THAT IS SEPARATED BY, UH, THREE BOLLARDS.

SO IF THERE WERE AN ISSUE THAT WAS, THAT WERE BLOCKING THIS ENTRANCE, UH, FIRE AND EMS POLICE DO HAVE THE OPTION TO, TO CUT THROUGH HERE, BUT THIS WILL NOT BE OPEN PERMANENT OR, YOU KNOW, JUST AS A, AS A MATTER OF, OF NORMAL TRAVEL.

THANK YOU.

UM, MY NEXT QUESTION, COULD YOU, ARE YOU ABLE TO EXPLAIN, UM, THE CURRENT PROPOSED, UH, CURB CUT ENTRANCE, UM, WOULD THAT BE CONSIDERED A BOULEVARD ENTRANCE? IT WOULD BE A LOOSE BOULEVARD.

UM, SO THERE ARE, THERE ARE SOME LANDSCAPING THAT IS PROPOSED RIGHT HERE.

THE FIRE DEPARTMENT, UH, HAS ASKED THAT THERE NOT BE ANY TREES, BUT THAT THEY'D BE CON UH, LOW LANDSCAPING WOULD BE, UM, PROVIDED.

AND MY LAST QUESTION, AND THIS, THIS ONE MAY GO TO YOU AND THE APPLICANT, WHAT KIND OF TRAFFIC IMPACT STUDY HAS BEEN COMPLETED ON HERE IN REGARDS TO, UM, IN AND OUTS ALONG BRENT PIPE? YEAH, SO THERE WAS A TRAFFIC STUDY THAT WAS COMPLETED.

UH, IT DID WARRANT A LEFT-HAND TURN LANE IN HERE, UH, AND THAT IS WHEN WE'VE BEEN IN DISCUSSION WITH THE ENGINEER, UH, AND THEY, THAT WILL BE PROVIDED.

SO AS OF RIGHT NOW, THAT IS NOT IN THE PLANS THAT IS IN DISCUSSION.

IT IS IN THE PLANS.

UH IT'S THEY, UH, IT IS IN THE DETAILED DEVELOPMENT PLAN.

UM, IT WILL COME, THEY WILL NEED TO CUT BACK.

THERE IS A MEDIAN.

IT'S TOUGH TO SEE IF YOU CAN EVEN SEE IT FROM HERE NOW.

UM, THERE IS A, AN EXISTING MEDIAN THAT'S BASICALLY RIGHT ABOUT HERE, RIGHT? THEY'LL NEED TO CUT THAT BACK IN ORDER TO PROVIDE THE LEFT-HAND TURN LANE, BUT THE LEFT-HAND TURN LANE IS WARRANTED AND WILL BE FRIGHTED.

SO PROVIDED HERE.

HERE'S MY QUESTION WITH THAT.

UM, YOU ARE TRAVELING, UM, UH, NORTH ON BRANT AND YOU TURN LEFT INTO THIS PROPERTY AS YOU'RE EXITING THIS PROPERTY.

ARE YOU ABLE TO TURN LEFT AND THEN CONTINUE NORTH ON BRAND? YES.

AND THE TRAFFIC IMPACT STUDY HAD NO ISSUES WITH THAT? NO, UH, NO.

WHAT, WHAT I RECALL WAS THE, AND THE, UH, YOU MAY BE ABLE TO, UH, YOU MAY, UH, CORRECT ME, UH, THE, THE MIX OF NORTHBOUND VERSUS SOUTHBOUND.

UH, IT WAS SIGNIFICANTLY HIGHER MIX OF SOUTHBOUND TRAFFIC THAN NORTHBOUND TRAFFIC, AS FAR AS EXITING, UH, THE, THE, UH, THE DEVELOPMENT.

SO MOST PEOPLE WILL BE TRAVELING, TURNING RIGHT OUT OF THE DEVELOPMENT, NOT LEFT OUT OF THE DEVELOPMENT.

I THINK IT WAS 64, OR EXCUSE ME, 75 15, JUST TO GIVE ME A 75, 25 SOMEWHERE AROUND THERE, THAT PERCENTAGE.

THANK YOU.

THANK YOU.

MA'AM.

THANK YOU.

AND WE'RE ALSO IN THE CITY COUNCIL HAVE ANYTHING TO PROVIDE NANCY? YES.

I JUST WANT TO COMMENT THAT, UH, IT'S A VERY ATTRACTIVE COMMUNITY YOU'RE PLANNING TO PUT IN, AND IT'S NICE TO SEE BRICKS SINCE WE'RE SUPPOSED TO BE A BRICK CITY.

THANK YOU.

UH, CURIOUS ABOUT THE PRICE POINTS, THIS PHONE QUESTION AGAIN.

WHAT, WHAT CAUSE THESE ARE FOR SALE, NOT RENTAL UNITS.

CORRECT.

SO WHAT'S THE, WHAT ARE YOUR PRICE POINTS WHILE YOUR TARGET MARKET? OUR TARGET MARKET RIGHT NOW IS ABOUT MID THREE HUNDREDS, 300 MILLION.

YES.

WILL THERE BE ANY PARAMETERS FOR, UM, LIKE IN THE 55 AND OLDER COMMUNITY OR ANYBODY AT ANY AGE, GOODBYE IN ANY WILLING AND ABLE BUYER ABLE.

OKAY, THANK YOU.

THAT'S GOOD.

THANK YOU.

ANYTHING ELSE? WELL, LAST TIME, IS THERE ANYONE PRESENT WHO WISHES TO SPEAK IN FAVOR OF, OR AGAINST THE APPROVAL OF THIS ZONING CASE? OKAY.

SO BARRING ANY FURTHER COMMENTS, THE PUBLIC HEARING BY THE CITY COUNCIL FOR SENDING CASE BDP 22 DASH ZERO SEVEN, MS. HEREBY CLIPS.

AND NOW NEXT

[ A Public Hearing Scheduled For April 25, 2022 By The Huber Heights City Council For Zoning Case BDP 22-08. The Applicant Is Amarjit Takhar. The Applicant Is Requesting Approval Of A Basic Development Plan And A Rezoning To PC (Planned Commercial) For Property Located At State Route 235 and Center Point 70 Boulevard And Further Identified As Parcel Numbers P70 03903 0005 And P70 03903 0079 On The Montgomery County Auditor's Map.]

UP IS ITEM 12, ITEM 12 G A PUBLIC HEARING SCHEDULED

[01:10:01]

FOR APRIL 25TH, 2022 BY THE HUMAN RIGHTS CITY COUNCIL FOR ZONING CASE BDP TWO.

DID I SAY THAT? I DID SAY GM, SORRY.

YEAH.

TWO, TWO DASH ZERO EIGHT.

THE APPLICANT IS TO CAR.

THE APPLICANT IS REQUESTING APPROVAL OF BASIC DEVELOPMENT PLAN AND A RESIGNING TO PC PLAN COMMERCIAL FOR PROPERTY LOCATED AT STATE ROUTE 2 35 AND CENTER POINT 70 BOULEVARD, FURTHER IDENTIFIED AS PERSONAL NUMBERS, P 7 0 0 3 9 0 3 0 0 0 5.

AND 0 0 3 9 0 3 0 0 7 9 ON THE MONTGOMERY COUNTY AUDITOR'S MAP.

THANK YOU.

AND THE PUBLIC HEARING SCHEDULED FOR APRIL 25TH, 2022 BY THE HUMAN RIGHTS CITY COUNCIL FOR ZONING CASE BDP 22 DASH ZERO EIGHT IS NOW OPEN.

AND I WOULD CALL ON CITY STAFF, UH, TO MAKE THE INITIAL PRESENTATION, AARON.

OKAY.

UH, SO HERE IS THE, UH, THE SITE IT'S 35 ACRES, UM, JUST OFF OF 2 35 NORTH OF 70, UM, EXCUSE ME.

UH, IT IS CURRENTLY ZONED, UM, I ONE LIGHT INDUSTRIAL, UH, IT IS VACANT IT'S AGRICULTURAL USE RIGHT NOW.

UM, THE CASE WAS TABLED TO ALLOW, UH, REVIEW OF THE REVISED SITE PLAN.

WE ASKED THE APPLICANT TO REVISE THEIR ORIGINAL SITE PLAN, WHICH, WHICH I WILL TALK ABOUT THAT.

SO THEY'RE PROPOSING A FUELING CENTER, CONVENIENCE STORE, A RESTAURANT, A SMALL TRUCK STOP, AND THE DIESEL REPAIR FACILITY ON APPROXIMATELY NINE ACRES.

UH, THERE ARE TWO BUILDINGS THAT ARE ABOUT 6,700 SQUARE FEET EACH, UH, TWO FIVE PUMP FUELING ISLANDS AND APPROXIMATELY 76 PARKING SPACES, 10 OR FOUR, UH SEMI-TRUCKS, WHICH IS THE LIMIT SET BY THE, UH, BY THE ZONING CODE OR PICTURES LOOKING NORTH AND SOUTH OF THE WELL THE FIELD.

UH, THERE IS A SIGNIFICANT GRADE CHANGE BETWEEN STATE ROUTE 2 35 AND THIS SITE, UH, IT ALSO ALIGNS UP WITH A CENTER POINT 70, WHICH WAS THE REASON FOR THE REVISION.

SO THIS WAS THE ORIGINAL SITE PLAN.

UM, THEY HAD THE PARKING, UH, THE ENTRANCE INTO THE PARKING AREA ALIGNED WITH CENTER POINT 70.

WE ASKED THEM TO CHANGE THAT BECAUSE WE WANTED TO BE IN THE FUTURE, UH, NOT LOCK OURSELVES INTO, UM, NOT, UH, NOT HAMSTRING OR LOCK OURSELVES INTO THE, THE INABILITY TO EXPAND CENTER POINT 70, UH, TO THE EAST, UM, AND POTENTIALLY OPEN UP ALL OF THIS, UH, LAND, UH, THAT'S BACK HERE IN CLARK COUNTY.

SO THE APPLICANT'S BEEN FANTASTIC TO WORK WITH.

UM, THEY DID, UM, BASICALLY CREATE A SMALL ROAD, UH, OR, OR LONG DRIVEWAY, SO TO SPEAK, UH, ALONG WITH, UH, UH, TREE LAWN, UH, TREELINE, UH, ALONG THIS AREA.

SO IN THE FUTURE, IT DOES OPEN UP THAT, UM, THAT AREA, THE OTHER POINT WAS, SO RIGHT NOW, THIS EXPANSION, THIS EXTENSION IS NOT ON THE THOROUGHFARE PLAN, UH, ANTICIPATE IT WILL BE AS WE'RE GOING THROUGH THIS COMPREHENSIVE PLANNING PROCESS.

SO WE DON'T HAVE THE ABILITY TO DO A ROADWAY TAKE, BUT, UH, IF WE DO IN THE FUTURE, WE WANT IT TO BE ABLE TO LIMIT ANY KIND OF IMPACT ON THEIR BUSINESS.

SO THAT WAS THE, UM, THE PURPOSE OF ASKING THEM TO DO THAT.

SO THIS IS A CLOSEUP VIEW OF THE, OF THE PROPOSED SITE PLAN.

YOU CAN SEE THE FUELING ISLANDS, UH, STREET TREES ALONG 2 35, UM, MAIN ENTRANCE, UH, FOR THE BUILDING IS RIGHT HERE.

THERE IS A PROPOSED DRIVE THROUGH, UH, THIS IS THE AREA FOR THE DIESEL REPAIR, SEMI-TRUCK PARKING, AS WELL AS THE DIESEL FUEL, UH, FEELING CENTER IN THE, IN THE REAR.

UM, THEY ARE PROPOSING A MIX OF AND BRICK BRICK WATERCOURSE ON BOTH, UM, THE CONVENIENCE STORE AND THE, THE DIESEL REPAIR FACILITY.

UH, YOU SAW THESE AT THE WORK SESSION.

UM, SO THE, AS FAR AS CONFORMANCE WITH THE ZONING REGULATION, UM, FEELING THE CONVENIENCE STORE IS THE REASON WHY THE B UH, UH, IT NEEDS TO BE PLANNED COMMERCIAL, OTHERWISE THEY COULD DO MOST OF WHAT THEY WANTED TO DO.

AND THE INDUSTRIAL, UH, DISTRICT THEY'RE PROVIDING A 15 FOOT PERIMETER YARD AS IS REQUIRED.

UM, THEY HAVE NOT SUBMITTED A BASIC OR EXCUSE ME, A DETAILED LANDSCAPING PLAN YET, BUT THAT'LL COME.

UM, BUT THEY ARE SHOWING, UM, IN THE BASIC DEVELOPED PLAN, UH, THAT THEY, THEY UNDERSTAND OUR LANDSCAPING CODE.

UM, AS FAR AS PARKING AND LOADING, THE REVISED PLANS MEET CHAPTER 1185.

UM, THERE ARE 67 REQUIRED SPACES.

THERE ARE 76 THAT ARE BEING PROVIDED.

THAT NUMBER OF REQUIRED SPACES MAY GO DOWN BASED ON THE TYPE OF USE THAT WILL BE IN THE RESTAURANT.

UH, AND THEN THE ACTUAL STORE FOOTPRINT, UH, AND THE PROPOSAL DOES MEET THE MAXIMUM 10 SEMI TRUCK

[01:15:01]

PARKING SPACE LIMITATIONS, UM, OTHER CONSIDERATIONS.

SO THE COMPREHENSIVE PLAN DOES INDICATE THAT THIS IS A, AN INDUSTRIAL USE.

I THINK YOU CAN ARGUE THAT, UH, THIS TYPE OF USE IS A COMPLIMENTARY, UH, USE FOR THE, THE, UM, LOGISTICS, ALL THE LOGISTICS FACILITIES THAT ARE ALONG CENTER POINT 70.

UM, AGAIN, THE APPLICANTS MADE ALL REVISIONS THAT WE HAVE, UH, ASKED THEM TO DO.

UM, AND I THINK THE, THE REVISED PLAN, UH, DOES ALLOW, ALLOW BETTER TRAFFIC FLOW IN STACKING WITHIN THE SITE THAN THE ORIGINAL.

SO WE RECOMMENDED APPROVAL.

UM, THE, UH, PLANNING COMMISSION, UH, RECOMMENDED A UNANIMOUSLY RECOMMENDED APPROVAL OF THE REZONING AND THE BASIC DEVELOPMENT PLAN.

I THINK YOU WERE HERE, UH, REPRESENTATIVE FROM A MARGINAL TAKHAR HERE TO MAKE ANY COMMENTS OR THAT PROVIDE ANY ADDITIONAL INFORMATION.

HELLO, UH, CRISPY SOCCER.

I DON'T KNOW IF I NEED TO SAY MY NAME OR NOT.

I'M HERE TO REPRESENT MR. IF YOU GUYS HAVE ANY QUESTIONS, HOPEFULLY I CAN ANSWER THEM.

OKAY.

I WAS LIKE, YEAH, IF YOU GUYS HAVE ANY QUESTIONS, HOPEFULLY I CAN ANSWER THEM.

SO PERFECT.

SO HANG OUT THERE FOR JUST A FEW MINUTES.

OKAY.

UH, ANDREW.

YUP.

YUP.

AND WOULD YOU JUST STATE YOUR NAME ONE MORE TIME FOR THE RECORD? SO YOU HAVE THAT CRISPY SECOR.

OKAY.

THANK YOU.

NEXT WEEK ON THE LAW DIRECTOR, IF HE HAS ANY COMMENTS OR APPRAISAL INFORMATION FROM A LEGAL PERSPECTIVE.

NOPE.

ANY OTHER REPRESENTATIVE? THE CITY COUNCIL, I'M SORRY.

I HAVE TO SEE IF HE WERE HEIGHTS, UH, TO MAKE ANY COMMENTS, READ ANY OTHER DIGITAL INFORMATION WITH THE EXCEPTION OF CITY COUNCIL.

IS THERE A PRESIDENT WHO WISHES TO SPEAK IN FAVOR OF, OR APPROVAL OF THE ISSUE? OKAY.

IS THERE ANYONE PRESENT WHO WISHES TO SPEAK AGAINST THE APPROVAL OF THIS ZONING CASE? OKAY.

NEXT I CALLED MEMBERS OF CITY COUNCIL TO MAKE ANY COMMENTS OR TO PROVIDE ANY ADDITIONAL INFORMATION AS THEY NEED IT.

I LOVE THIS.

I THINK IT'S SO NEEDED.

THERE'S SUCH A SHORTAGE.

WE HAVE SO MANY SEMI DRIVERS AND HUBER AREA AND STUFF, AND WHAT THE CONDITIONS, HOW THEY ARE.

I AM GLAD THEY'LL HAVE A PLACE TO GET SERVICED AND BE ABLE TO DO EVERYTHING THEY NEED TO DO.

SO I LOVE THIS PLAN.

THANK YOU.

THANKS.

YOU LEMME JOVE COMICS.

YEAH.

JUST A QUICK QUESTION, ACTUALLY, FOR AARON, YOU DIDN'T MENTION IT.

YOU WERE TALKING MORE ABOUT THE ACCESS ROAD, BUT IS THERE SECONDARY AND OUTRIGHT ONLY AND OUT THERE TO THE SOUTH OF IT.

SO WE WILL NEED TO, AS WE GET A LITTLE FURTHER DOWN THERE IS PROPOSED.

YEAH.

RIGHT IN, RIGHT OUT HERE.

AND THEN A FULL SERVICE, UH, ENTRANCE IN THE BACK.

OKAY.

I JUST DIDN'T HEAR IT MENTIONED.

YEAH.

I'M SORRY.

OKAY.

ANYTHING ELSE? NO EASY QUESTION.

IT SAYS CENTER 470 ON THE LEFT.

UH, IT WOULD BE A POSSIBLE FUTURE EXTENSION OF IT, BUT IT IS TECHNICALLY IT WILL BE AN ON-SITE DRIVEWAY.

LET ME ZOOM CENTER POINT 70 IS HERE.

IF AT THE FUTURE THERE WAS EVER ANY, UM, DESIRE TO EXPAND CENTER POINT 70.

THIS TYPE OF LAYOUT WOULD, WOULD CAUSE THE LEAST AMOUNT OF IMPACT TO THEIR BUSINESS.

OKAY.

MY CONCERN WAS WITH THE TREES ARE PUTTING IN THERE.

IF SOMEBODY WANTED TO TURN RIGHT ON THERE, THEIR VISION MAY BE BLOCKED BY THOSE TREES.

TH THIS IS A PRETTY HEALTHY SETBACK.

UM, WE'LL, WE'LL WORK ON THE DETAILED DEVELOPMENT PLAN FOR THE EXACT LOCATION, BUT WE DID WANT AT LEAST GET THE APPLICANT THINKING ABOUT SOFTENING UP THE SITE IN THAT THIS IS A GATEWAY ERA INTO THE COMMUNITY.

SURE, SURE.

IT'S A GOOD PLAN.

THANK YOU, RICHARD.

THANK YOU.

I'M REALLY GOING TO TRY NOT TO SPEAK ON EVERY ONE OF THESE PUBLIC HEARINGS TONIGHT, RIGHT? UM, A QUICK QUESTION.

UH, I THINK THE, UM, THE FIRST ONE I HAVE, UH, MAYBE THE SECOND ONE WILL ALSO BE FROM MRS. RELLA AND CHRIS.

UM, UH, I'LL GO WITH THE FIRST ONE HERE.

UM, YOU SAID OUR ZONING CODE, UM, AS CURRENTLY PROHIBITING THE AMOUNT OF, UM, ON-SITE PARKING, UH, SEMI PARKING.

AM I CORRECT? CORRECT.

AND WHAT DOES THAT NUMBER? 10, 10.

UM, I'M GONNA NOW GO TO OUR LAW DIRECTOR, MR. MCDONALD'S, MR. MCDONALD IN THIS PROPOSED A PLAN.

ARE WE ABLE TO PROVIDE THE APPLICANT A VARIANCE OF THAT NUMBER OF 10 AND WOULD THAT NUMBER BE AT THE WILL OF COUNCIL IF IT CONFORMS WITH THE SITES, THINGS LIKE THAT, YOU ARE ALLOWED TO DO VARIANCES WITH THE PUD, UM, GIVEN THE PARTICULAR ASPECTS OF THAT SITE AND THINGS LIKE THAT.

SO YOU WOULD BE ABLE TO GET MORE TIME.

[01:20:01]

I DON'T KNOW.

SO NOW I'M GOING TO ASK THE APPLICANT, ARE THEY REPRESENTATIVE OF APPLICANT CHRIS, UM, IN THIS DESIGN HERE? AND I DON'T KNOW IF WE CAN BLOW THAT PICTURE UP AT ALL.

ARE WE ABLE TO, LIKE, I THINK SO WE HAVE A ZOOM FEATURE ON THAT.

THERE WE GO.

SO LET'S GO IN FROM THE, WHAT WOULD BE SERVICE ROAD, UM, UH, THAT, UH, COUNCILMAN BERGE WAS JUST DISCUSSING.

I SEE, AS THE SEMIS COME IN THERE, I SEE ARROWS THAT GO INTO THE PUMPING STATIONS AND THE PROPOSED BUILDING.

UM, ARE WE ALL FOLLOWING ALONG WITH THE ARROWS? HOWEVER, I'M ASSUMING THAT TO THE TOP OF THIS PAGE IS WHERE THE PROPOSED TRUCK PARKING WOULD BE.

AM I CORRECT ON THAT? CAN YOU EXPLAIN TO ME HOW I SEND MY TRUCK IS GOING TO GET IN THERE FOLLOWING THOSE ARROWS IN THAT PATH? I, I THINK THE GENERAL IDEA OF THE ARROWS WERE JUST TO UTILIZE FOR THE TRAFFIC PATTERN FOR THE PUMPS AND THE ACTUAL MAINTENANCE BUILDING ITSELF.

I DON'T THINK THAT WAS ANY INDICATION ON THE, THE PARKING AND I GUESS IF THAT MAKES SENSE.

SO I KNOW WE'VE DONE, UH, WE'VE DONE AN OVERLAY WITH THE TURNING RADIUS OF THE SEMIS AND ALL THAT, AND THERE'S AMPLE ROOM THERE.

UH, HERE'S MY THOUGHT HERE.

AND LET ME, LET ME WORK WITH YOU BECAUSE I COME FROM A VERY LARGE TRUCKING FAMILY, NEVER DROVE TRUCK FROM MYSELF.

I MISSED OUT ON THAT OPPORTUNITY.

UM, BUT, UH, I HAVE GOT TO PLAY AT THE HORN.

UM, SO AS YOU'RE DRIVING THROUGH THERE AND YOU'RE DRIVING THROUGH THE GAS BAY, FOLLOWING THE ARROWS, AND LET'S SAY YOU GOT TO GO INTO THE SERVICE BARN TO, UH, TO GET SOME AIR IN YOUR TIRES OR WHATEVER THE CASE MAY BE.

RIGHT? WELL, NOW I NEED TO STOP AND SLEEP BECAUSE, WELL, MY, MY ELECTRONIC SERVICE LOG SAYS I'VE COMPLETED MY HOURS FOR THE DAY.

NOW I'VE GOT TO TAKE A LOOP AROUND AND I'VE GOT TO BACK MY TRUCK IN THERE.

NOW HERE WOULD BE, I GUESS, A THOUGHT A PROPOSAL EXPAND THE AMOUNT OF TRUCK PARKING YOU'RE ABLE TO HAVE THERE AND HAVE A LOOP AROUND.

SO AS YOU'RE COMING TO THAT PROPOSED BUILDING, YOU CAN DO A LOOP AROUND AND PULL INTO THAT SPOT.

THEN AS YOU'RE DONE SLEEPING FOR THE DAY, YOU'VE GONE IN AND GOT YOUR, UH, UM, YOUR, YOUR SHOWER, YOUR BATHROOM, YOUR FIXTURES, AND YOUR, SO NOW YOU CAN JUST PULL OUT OF THAT SPOT.

IT SEEMS A LOT LESS YEAH.

AND COMMERCIAL ON THE DRIVER.

YEAH.

I TOTALLY AGREE WITH THAT.

AND I THINK MR. DAKAR WOULD AGREE WITH THAT AS WELL, BUT WE WERE KIND OF GOVERNED BY THE LIMITED NUMBER OF SPOTS PER ZONING CODE.

AND THAT'S WHERE I THINK IF YOU EXPAND THAT, UM, BECAUSE I WILL TELL YOU, I'VE SPOKEN WITH THREE OF THE LARGEST TRUCKING INDUSTRIES, UH, HERE IN THE CITY OF HUMAN RIGHTS, ARE THEY ARE COMPLETELY EXCITED ABOUT THIS AND WELCOME IT.

UM, AND I WOULD PERSONALLY LIKE TO PROPOSE A VARIANCE OF UP TO 10 ADDITIONAL SPOTS FOR YOUR PROPOSAL, THAT COURTS THAT'D BE AT THE WILF COUNCIL.

UM, AND I WOULD LIKE TO SEE THAT A LOOP AROUND BE PUT IN THERE, UM, NOT ONLY TO MAKE IT EASIER FOR THE, FOR THE TRUCKS AS WELL.

UM, BECAUSE THE LAST THING YOU WANT IS A BACKUP AT THE PUMPS OR THE PROPOSED BUILDING, WHICH I'VE SEEN IT ON SEVERAL OTHER TRUCK STOPS THROUGHOUT THE COUNTRY.

UM, AND YOU HAVE AN OPPORTUNITY, A VERY CLEAN SLATE HERE TO WORK WITH THIS DESIGN.

UM, THAT, THAT WOULD BE MY REQUEST.

THANK YOU.

MA'AM I AGREE.

DID YOU STAY AT A HOLIDAY INN LAST NIGHT? I, I DIDN'T.

UM, BUT I DID RECENTLY BOOK A HAMPTON.

I'M JUST TEASING, BUT NO, I TRUTHFULLY, I MEAN, I THINK, I THINK THAT'S PROBABLY A PRETTY GOOD, PRETTY GOOD IDEA, DOM, THANK YOU.

MA'AM UH, I'LL JUST ECHO WHAT COUNCILMAN SHAW SAID WHEN I SAW THIS, I THOUGHT 10 SPACES WAS SOMEWHAT LIMITING.

I KNOW THAT'S OUR CODE, BUT I CAN ONLY SPEAK FOR MYSELF WHEN I SAY THAT I WOULD AGREE WITH COUNCILMAN SHAW, IF IT IS THE DESIRE OF THE DEVELOPER TO ADD ADDITIONAL HIS FACES, I WOULD BE IN FAVOR OF SEEING THAT PROPOSAL AS WELL.

UM, AND SECONDLY, I WOULD LIKE TO CONGRATULATE, UH, BOTH AARON AND THE DEVELOPER, BECAUSE I WAS THERE FOR THE INITIAL PRESENTATION OF THIS.

AND AARON SPOKE TO, UH, WHAT HAS NOW BECOME THAT SECONDARY ACCESS ROAD THAT FREES UP ANY DEVELOPMENT FURTHER AT THE BACK OF THAT.

UM, WHOEVER CAME UP WITH THAT, AARON AND OR DEVELOPERS, A STROKE OF BRILLIANCE AND, UH, UH, REALLY WORK OUT WELL FOR THE FUTURE.

SO I CONGRATULATE YOU POSE FOR THAT.

THANK YOU, NANCY.

UH, YES.

I DON'T KNOW.

UH,

[01:25:01]

I DON'T HAVE A PROBLEM WITH EXP WITH GIVING A VARIANCE FOR ADDITIONAL SPACES, BUT I DON'T KNOW IF 10 MORE WOULD FIT IN THERE.

SO I REALLY WOULD LIKE THE, UH, UH, CUSTOMER TO COME BACK AND TELL US HOW MANY MORE SPACES THAT THEY WOULD LIKE THAT CAN EITHER BE DONE, YOU KNOW, A DETAIL THAT CAN EITHER COME BACK TO COUNCIL IF YOU'RE WANTING TO TABLE THIS OR THAT WOULD TYPICALLY BE WORKED OUT IN THE DETAILED DEVELOPMENT PLAN, UM, BECAUSE THEY WILL STILL NEED TO COME BACK TO PLANNING COMMISSION FOR FINAL APPROVAL.

OKAY.

THAT'S GOOD.

THANK YOU.

SO WE DON'T HAVE TO SPECIFY, UH, IF WE AGREE TO A VARIANCE, WE DON'T HAVE TO SPECIFY A NUMBER.

SO, UH, IF YOU WANTED TO GIVE PLANNING COMMISSION OR RANGE, LIKE UP TO 20, THAT WOULD BE HELPFUL.

UM, BUT AN EXACT NUMBER.

UM, I WOULD, I WOULD SPECIFY THE TOP END OF WHAT IS PALATABLE TO A PLANNING COMMISSION AND THEY HAVE 35 ACRES THERE.

SO THERE'S ROOM TO ADD TO THIS, UH, TO THIS SITE PLAN A LITTLE BIT.

OKAY, RICHARD, THANK YOU.

MA'AM UM, THAT WAS, THAT WAS KIND OF MY HOPE IS WHEN I BLURTED OUT MY HOLIDAY IN, UH, AND SHOWSTOPPING A PROPOSAL HERE, UM, THAT, UM, YOU KNOW, I WAS GOING TO GO WITH 10.

I WAS GOING TO SEE WHERE MY COLLEAGUES ARE AT.

UM, I PERSONALLY HAVE, I'VE DONE SOME OF THE, UM, YOU KNOW, I TOOK AUTOCAD IN SCHOOL.

I'VE DONE SOME OF THE MEASUREMENTS.

I THINK YOU COULD PROBABLY GET AN EXCESS OF 20.

UM, BUT, UM, I HAVE NO PROBLEM, UM, SETTING THE VARIANCE, UM, WITH A, NOT TO EXCEED OF 20 ADDITIONAL SPOTS, UM, ALLOWING STAFF AND THE APPLICANT TO WORK THAT OUT WITH THE PLANNING COMMISSION, DETAILED DEVELOPMENT PLAN, BECAUSE I THINK ONCE WE GET THAT, ONCE WE GET THAT LOOP AROUND, UM, YOU KNOW, IN THERE, UM, AND SOME OF THAT PARKING ADJUSTS, YOU KNOW, FURTHER, UH, TO THE NORTH, ON THE DESIGN, UH, TOWARDS THE FILLING STATIONS, I THINK THEY'RE GOING TO FIND THEIR SPOTS VERY EASILY.

YEAH.

I THINK AN ADDITIONAL 20 IN TERMS OF THE VARIANCE WOULD, WOULD BE OKAY AND OBVIOUSLY UP TO THE DEVELOPER TO D TO DESIGN WHAT FITS AND WHAT MAKES SENSE, BASED ON THE COMMENTS THAT YOU'VE HEARD HERE THIS EVENING TO PRESENT BACK TO THE PLANNING COMMISSION AT THE DETAILED PLAN.

SO ONE CLARIFICATION OF FIT 20 AND ADDITIONAL 10.

SO 30 TOTAL, I THINK HE'S RECOMMENDING ADDITIONAL, I THINK YOU SAID AN ADDITIONAL 20.

YES, YES.

AND UNDERSTAND THAT IT'S GOING TO HAVE TO GO THROUGH, UM, A COMPLETE, UH, YOU KNOW, DESIGN, UM, YOU KNOW, CANOPIES, THINGS OF THAT NATURE WITH THOSE SPOTS.

UM, AND OBVIOUSLY THE AESTHETICS, I DON'T KNOW WHAT THAT'S GOING TO DO TO YOUR BOTTOM LINE.

UM, I PERSONALLY THINK IT'S GOING TO INCREASE IT BY THE AMOUNT OF SERVICE THAT YOU'RE GOING TO BE ABLE TO GET, UH, BECAUSE ONCE THE WORD GETS OUT, UH, YOU KNOW, FOR TRUCKERS ALONG 70 THAT, HEY, THERE'S A REALLY NICE TRUCKS OUT THAT JUST OPENED UP AND THEY GOT A NICE, SAFE AND SECURE SPOT YOU CAN GET INTO.

IT'S EASY IN, EASY OUT.

UM, I'M GOING TO TELL YOU RIGHT NOW, WORD WILL TRAVEL VERY FAST.

UM, AND AS THEY SAID IN THE FIELD OF DREAMS, IF YOU BUILD IT, THEY WILL COME.

THAT'S ALL I HAVE.

YEAH.

YOU'RE JUST ZINGING THEM TONIGHT.

SO I THINK SO AS THIS COMES UP FOR LEGISLATION, THEN RICHARD, I GOT SO TRYING TO FIGURE OUT HOW WE, HOW WE MOVE THIS FORWARD.

CAUSE WE, YOU KNOW, TO, IN TERMS OF, TO ADVANCE IT FORWARD, CAUSE RECOMMENDATION AT THE WORK SESSION WAS TO WAVE THE SECOND READING AND PASS THIS THIS EVENING.

SO IF WE HAVE THE VARIANTS, IF THEY COME BACK AND THE DETAILED PLAN AND JUST SAYS, YOU KNOW WHAT, UM, WE CAN ONLY GET 10 OR AN ADDITIONAL FIVE.

THAT MAKES SENSE FOR US.

IS THAT SOMETHING THEN THAT, UM, YOU KNOW, IF IT'S UP TO AN ADDITIONAL 20, BUT THEY COME BACK AND IT'S ONLY AN ADDITIONAL FIVE, DOES THAT GIVE YOU HEARTBURN OR CHANGE YOUR DECISION ON, ON HOW YOU LOOK AT THE PROJECT? UM, NO, BECAUSE IF THAT WAS THE CASE, IT IS MY PERSONAL OPINION THAT ONCE THEY OPEN UP AND SEE THE BUSINESS, THEY HAVE A, THEY'RE GOING TO BE CONTACTING ARCHITECT VERY QUICKLY AND SAYING, HOW DO WE ADD TO, UM, THAT'S WHY I WANT TO GIVE THEM THAT VARIANCE.

SO THE VARIANCE IS THE KEY FOR YOU AND YOUR THOUGHTS ON THE PROBLEM.

OKAY.

ALL RIGHT.

I JUST WANT TO BE CLEAR.

YEAH, IT'S DONE.

AND THAT WILL COME AT THE DETAILED DEVELOPMENT.

RIGHT.

I MEAN, THAT'S WHEN WE'RE GOING TO SEE ANY ADDITIONAL SPACES OR LACK THEREOF, IS THAT CORRECT? OKAY.

THE ORDINANCE THAT ADOPTS THE BASIC DEVELOPMENT PLAN, UM, ALLOWS UP TO 30 SEMI PARKING SPACES.

UH THAT'S.

THAT IT WOULD BE OKAY.

AND IF AARON, IF WE CAN GET YOU TO ZOOM OUT NOW THAT YOU'VE ZOOMED IN, IF YOU COULD JUST SHOW, UH, COUNSEL ON THOSE WATCHING, UH, THE TOTAL PARCEL, AS OPPOSED TO JUST THE PORTION OR DEVELOPING HERE.

OH, OKAY.

IT MAY GIVE YOU SOME IDEA AS TO, UM, THEY GOT ROOM TO WORK, I GUESS IS WHAT EFFECTIVELY, THIS IS WHAT A PORTION OF THIS IS WHAT

[01:30:01]

THEY ARE DEVELOPING.

THEY HAVE IS THIS 35 ACRES, WHAT IS BEING PROPOSED AS A NINE ACRE DEVELOPMENT, SO THEY CAN ADD 10, 11 ACRES AND SLEPT PLENTY.

THANK YOU.

ANY OTHER QUESTIONS FROM CITY COUNCIL OR COMMENTS OR ANY ADDITIONAL INFORMATION? OKAY.

SO I WILL ADDRESS THE, UM, THE CHANGE IN THE VARIANTS OF THE, OF THE LEGISLATION WE GET TO THE PIECE OF LEGISLATION AND THE ACTUAL AGENDA.

THAT'D BE THE PROPER PLACE TO ASK.

OKAY.

ALL RIGHT.

WELL, LAST TIME IS AROUND ONE PRESIDENT WHO WISHES TO SPEAK IN FAVOR OF, OR AGAINST THE APPROVAL OF THIS PARTICULAR ZONE IN CASE.

OKAY.

SO BARRING ANY FURTHER COMMENTS, THE PUBLIC HEARING BY THE CITY COUNCIL FOR ZONING CASE BDP 22 DASH ZERO EIGHT IS HEREBY CLOSED.

OKAY.

NEXT

[ A Public Hearing Scheduled For April 25, 2022 By The Huber Heights City Council For Zoning Case CBDP 22-11. The Applicant Is Campbell Berling Huber Heights, LLC. The Applicant Is Requesting Approval Of A Combined Basic And Detailed Development Plan For 22.38 Acres And A Rezoning To Planned Residential (PR) On The East Side Of Bellefontaine Road And South Of Chambersburg Road And Further Described As Parcel Number P70 03908 0126 On The Montgomery County Auditor's Map.]

UP IS ITEM 12, ITEM 12 H A PUBLIC HEARING SCHEDULED FOR APRIL 25TH, 2022 BY THE GILBRIDE CITY COUNCIL FOR ZONING CASE Z D P I'M SORRY, Z B D P TWO TWO DASH ONE ONE.

THE APPLICANT IS CAMPBELL CAMPBELL, BERLIN HUBER HEIGHTS, LLC.

THE APPLICANT IS REQUESTING APPROVAL OF A COMBINED BASIC AND DETAILED DEVELOPMENT PLAN FOR 22.38 ACRES AND A REZONING TO PLANNED RESIDENTIAL P R ON THE EAST SIDE OF BELL FOUNTAIN ROAD AND SOUTH OF CHAMBERSBURG ROAD FURTHER DESCRIBED AS PARCEL NUMBER P 7 0 0 3 9 0 8 0 1 2 6 ON THE MONTGOMERY COUNTY AUDITOR'S MAP.

THANK YOU, TONY.

AND THE PUBLIC HEARING SCHEDULED FOR APRIL 25TH, 2022, BUT HE WRITES CITY COUNCIL FOR ZONING CASE C B D P 22 DASH 11 IS NOW OPEN.

I WOULD CALL ON CITY STAFF, AARON TO MAKE YOUR INITIAL PRESENTATION, SIR.

OKAY.

UH, SORRY, LET ME GET FOCUSED AGAIN.

UH, THE, UH, THE SITE IS, UM, JUST UNDER 23 ACRES CURRENTLY ZONED AGRICULTURE.

UH, THE EXISTING USES AGRICULTURE, THE AREA SURROUNDING IT IS ZONE PLAN, RESIDENTIAL AGRICULTURE, AND THEN OUR .

SO THE APPLICANT IS PROPOSING A 97 UNIT, UM, RESIDENTIAL DEVELOPMENT CONSISTING OF 29, SINGLE FAMILY, LOTS AND, UH, 34 ATTACHED, UH, SINGLE FAMILY TOWNHOMES.

THE AVERAGE DENSITY IS ABOUT 4.3 ACRES PER UNIT.

SO THE ORIGINAL APPLICATION THAT WAS SUBMITTED AND THEN SUBSEQUENTLY WITHDRAWN CONTAINED ORIGINALLY 132 UNITS.

SO THIS IS A 26% DENSITY REDUCTION IN WHAT WAS ORIGINALLY PROPOSED.

THIS IS THE SITE HERE'S THE, UH, PROPOSED, UH, SUBDIVISION LAYOUT.

UM, THE SINGLE FAMILY, THERE IS A LARGE, UH, UH, PETROLEUM PIPELINE THAT BISECTS THIS SITE.

SO ON THE, UH, WEST ARE THE SINGLE FAMILY, LOTS TO THE EAST ARE THE ATTACHED, UH, SINGLE FAMILY TOWNHOMES.

THERE IS SIGNIFICANT LANDSCAPING THAT IS BEING PROPOSED ALONG, UM, BELL FOUNTAIN ROAD.

UH, AND THEN ALSO ALONG BASICALLY LANDSCAPING ALONG THE, UH, EASEMENT FOR THE PIPELINE.

UH, YOU CAN SEE, UH, IN THE REAR AS WELL, UH, ALONG THE, UH, WHERE THE, UH, RETENTION POND IS, THERE IS A LANDSCAPING REPOST THERE.

UM, BASED ON THE WORK SESSION, I'M GOING TO TRY TO ADDRESS SOME OF THE COMMENTS THAT CAME UP AS PART OF THIS PRESENTATION.

UH, SO HERE, OOPS, SORRY.

UH, HERE IS A, UH, A BETTER LANDSCAPE ARCHITECTURE VIEW OF THE PROPOSED, UM, SCREENING ALONG BELL FOUNTAIN.

IT IS A SIX FOOT MOUND, UH, WITH PLANTING MATERIAL THAT IS BEING PROPOSED ESSENTIALLY FROM HERE, BACK TO WHERE THE, UH, FIRE EMERGENCY ACCESS LANE IS, WHICH IS, IS RIGHT HERE.

UH, THE IDEA IS TO SCREENED THE REAR OF THESE PROPERTIES FROM, UH, THE, THE OAKS, UH, DEVELOPMENT TO THE WEST.

UM, HERE ARE ELEVATIONS OF THE ATTACHED, UM, PRODUCT.

UH, THESE ARE PHOTOS OF WHAT IS A, AN EXAMPLE OF WHAT HAS CURRENTLY BEEN BUILT IN OTHER DEVELOPMENTS THAT THEY HAVE DONE AS FAR AS THE CONFORMANCE OF THE ZONING REGULATIONS.

UM, SO THE AVERAGE DENSITY, UH, IN THE PR DISTRICT SHALL NOT EXCEED FIVE

[01:35:01]

UNITS AN ACRE.

THIS IS 4.3 UNITS, AN ACRE.

UM, ONE OF THE CHALLENGES FOR THIS MIGHT BE SOMETHING IN THE FUTURE.

THE COUNCIL MAY WANT TO LOOK AT IS IN THE PLANNED RESIDENTIAL DISTRICT IS THE LOTS, UH, MUST OR SHALL MEET SECTION 1147 OF THE CODE, BASICALLY WHAT YOUR, WHAT THE ZONING CODE AND THE PLANNED RESIDENTIAL WANTS TO DO IS DEVELOP EVERYTHING AS AN DISTRICT.

UM, THERE ARE A DIFFERENT, THERE ARE A VARIETY OF HOUSING TYPES THAT ARE SORT OF LOT TYPES THAT ARE PROPOSED.

UH, THERE'S A 60 FOOT LOT, A 64 FOOT LOT ON THE TOWNHOUSES AND A 72 FOOT LODGE, WHICH ARE THE PAIRED, UM, OR THE, THE ATTACHED SINGLE FAMILY.

THIS WAS IN THE, MY STAFF REPORT IF YOU READ IT.

SO I'M NOT GOING TO DWELL ON IT A LOT.

UH, BUT THESE ARE THE, UH, THE CODE SUGGEST OR REQUIRES THAT THE LOT SIZE SHOULD BE, UH, 7,500 SQUARE FEET.

UM, THESE ARE THE VARIOUS, THIS IS THE TABLE OF, OF LOT SIZES BASED ON THE, UM, BASED ON THE, OF THE APPLICANTS AND THEN THE TYPES OF DEVELOPMENT.

SO AS FAR AS MEETING THAT STANDARD, THE, UH, THE LOTS ARE SMALLER THAN, UH, THEY'RE ABOUT 20 FEET SHALLOWER THAN IS, UH, THAN IS REQUIRED.

THE PROPOSED AVERAGE LOT SIZE IS JUST UNDER 7,000 SQUARE FEET INSTEAD OF A 7,500 SQUARE FEET.

UH, THE 64, A LOT FOOT LOT IS SIGNIFICANTLY SMALLER IN AREA, BUT OUR VIEW OR MY VIEW IS THAT IT DOES PROVIDE A PRODUCT FOR THOSE LIKE ME, WHO DON'T WANT A YARD, A LARGE YARD, UH, AND DON'T LIKE MOWING GRASS.

UM, AS FAR AS PARKING, UM, EACH, UH, UNIT DOES CONTAIN A TWO CAR GARAGE WITH A, WITH DRIVEWAY AND MEETS THE, UH, THE PARKING REQUIREMENTS.

SO I KNOW W WELL, NO LANDSCAPING, UH, OR SCREENING IS REQUIRED IN THE PLANNED RESIDENTIAL DISTRICT.

THE APPLICANT IS, AS I SAID, PROPOSING SIGNIFICANT SCREENING ALONG BELL FOUNTAIN.

UH, THE ISSUE OF, TO THE SCREENING TO THE NORTH CAME UP AT THE WORK SESSION.

UM, THE APPLICANT IS THERE'S AN EXISTING TREE LINE THAT IS ON THE NORTH PROPERTY LINE.

SO THE APPLICANT IS PROPOSING TO KEEP THAT TREE LINE THERE, UH, TO SCREEN, OR TO PROVIDE THAT BUFFER FROM, UH, THE, THE HOUSE TO THE NORTH.

SO RATHER THAN CLEAR THE TREE LINE AND THEN REBUILD ADDITIONAL LANDSCAPING, THEY'RE PROPOSING JUST TO MAINTAIN IT.

UM, THEY ARE ALSO, UH, PROPOSING, UH, TURN LANES, UM, BASED ON THE RECENT TRAFFIC STUDY THAT, UH, SUGGESTS THAT BASICALLY IT JUST RE STRIPING IS ALL IT IS WARRANTED.

SO NO INNER, NO IMPROVEMENTS ARE NECESSARY.

UH, JUST PAVE IT, CHANGING THE PAVING STRIPING FOR, UH, TO PROVIDE THOSE LEFT-HAND TURN LANES.

UM, THE PEAK HOUR TRAFFIC GENERATION THAT IS, UH, THAT IS, UH, FROM THIS DEVELOPMENT IS 61, UH, CAR TRIPS, UH, IN THE MORNING AND 74 IN THE EVENING, WHICH DOES NOT, AGAIN, WARRANT ADDITIONAL IMPROVEMENTS NECESSARILY TO BELL FOUNTAIN, BUT, UH, THE, THE TURN LANE BY JUST BASICALLY CHANGING THE PAVEMENT MARKINGS WILL ADDRESS THIS.

THE OTHER CONCERN THAT WAS BROUGHT UP, UM, OR THE STUDY THAT JUST CAME WAS, UH, AT ONE OF THE MEETINGS, THERE WAS A CONCERN ABOUT THE POTENTIAL STREAM, UH, THAT, THAT FLOWS THROUGH THE PROPERTY.

UH, THE WETLAND SURVEY INDICATES THAT THIS IS A NON-JURISDICTIONAL EROSION FEATURE.

SO IT IS NOT SUBJECT TO REALLY ANY OVERSIGHT OR CONTROLS.

UM, STAFF'S RECOMMENDATION WAS THAT, OR WE RECOMMENDED APPROVAL THAT THE PROS WILL MEETS THE STANDARDS OUTLINED IN THE ZONING CODE, UH, AND THE, UM, PLANNING COMMISSION IN ANIMALS.

SO WE APPROVE THE REZONING AS WELL AS THE BASIC, UH, IN DETAILED DEVELOPMENT PLANS.

UH, SO IT WAS CALLING REDMOND REPRESENTATIVES FROM CAMPBELL BURLING.

UH, HE WRITES LLC TO MAKE ANY COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION, UH, TO THE COUNCIL, THE PUBLIC.

IS THERE ANY PARTICULAR PLACE YOU WANT ME TO GO? I CAN JUST GET BY EVENING.

THANKS FOR BEING HERE.

YUP.

YUP.

THANK YOU, GREG BURLING HERE WITH CAMPBELL BERLIN DEVELOPMENT, UM, BACK BEFORE YOU AGAIN, THANKS FOR HAVING ME.

UH, SO, UH, UH, ACTUALLY WENT THROUGH QUITE A BIT OF THE ITEMS THAT, UH, THAT I WAS PREPARED TO TALK ABOUT, UM, THAT THE, UH, UH, WENT, UH, CONTINUED DISCUSSIONS WITH THE NEIGHBORS WITH STAFF.

UM, WE

[01:40:01]

DECIDED TO, UH, TO TAKE THE FRONT, UH, I GUESS THE WESTERN HALF OF THE PROPERTY TO SINGLE FAMILY, UH, UH, DETACHED 27 HOMES THERE, A SIMILAR PRODUCT THAT FISHER IS BUILDING, UH, ELSEWHERE IN HUBER HEIGHTS.

UM, AND THEN, UH, ON THE EASTERN HALF THE S THE, UH, UH, 34, UH, ATTACHED SINGLE FAMILY, UH, THERE.

SO, UM, WE REDUCED THE DENSITY, THE BUFFER AGAINST BELL FOUNTAIN.

WE HAD, UM, HAD A PROPOSAL ON THAT AT THE LAST PROPOSAL, UM, UH, LAST MEETING, UH, BUT KIND OF, UH, UH, REFINED THAT, UM, TO KIND OF MEET THE NEEDS.

UH, IT'S A SIX FOOT TALL MOUND WITH LANDSCAPE ON TOP OF IT.

SO, UM, UH, PLENTY OF BUFFER FOR THE REAR YARDS AGAINST BELL FOUNTAIN, UH, FOR THOSE PROPERTY OWNERS, UM, UH, UH, ONE OF THE ITEMS THAT I COMMITTED TO THIS AND THE PREVIOUS, UH, PRESENTATION WAS, UM, AGAINST THE HARM OR PROPERTY TO THE NORTH.

UM, I HAD A, A LANDSCAPE BUFFER THAT I PROPOSED THERE.

UM, I, I THINK IT GOT MISCOMMUNICATED.

I, I STILL WANT TO CONTINUE DOING THAT LANDSCAPE BUFFER AGAINST THE HARMER PROPERTY TO THE NORTH.

UM, SO THERE'S, UH, ESPECIALLY ALONG LOTS, A SIX THROUGH 12 UM, A LOT SIX THROUGH 12 TO BE ABLE TO UP AGAINST THE HARMAN PROPERTY, UH, WOULD HAVE, UH, I PROVIDED A BUFFER OF, UH, A SIMILAR BUFFALO IS WE HAVE A EVERGREEN TREES OR SHRUBS EVERY 15 FEET ON CENTER, UM, ALLOWS THEM TO GROW AND GET BIGGER.

AND THEY'RE ALSO EVERGREEN.

SO IT BLOCKS THE LOW VIEW FOR THE HARMONS.

UM, UH, THE, THE HIGHER VIEW IS THROUGH THE TREES.

UM, SO IT PROVIDES A SECONDARY BUFFER FOR THEM FROM THERE.

UM, SO, UM, SOME ITEMS, UH, THAT WE DIDN'T TOUCH ON, UM, THERE WAS A, THERE'S BEEN SOME COMMENT ON A BOULEVARD ENTRY, UM, AND, UH, TYPICALLY WE, UH, WE LOOK BETWEEN THE BOULEVARD AND IF WE HAVE ONE ENTRY INTO THE SUBDIVISION, UM, WE LOOK AT A BOULEVARD ENTRY OR A, UM, A FIRE ACCESS.

WE, UH, WE WENT TO WITH THE FIRE ACCESS ROAD, BUT WE WOULD BE WILLING TO PROVIDE A, UM, A BOULEVARD ENTRY, UM, FOR LUX ON A SUBDIVISION.

UM, ONE OF THE REASONS THAT WE DID NOT, UM, INITIALLY GO WITH THE BOULEVARD ENTRY IS THAT, UM, A LOT OF TIMES THAT WE USE THEM, AT LEAST I USE THEM ON MY DEVELOPMENTS WHEN IT'S A STRAIGHT IN ENTRY, KIND OF SIMILAR TO THE OAKS WHERE, UH, THE BOULEVARD, THE TREE LAWN IN THE MIDDLE PROVIDES, UH, UH, IT BREAKS UP THE ROAD COMING IN HERE, YOU'RE COMING IN AND YOU'RE VEERING TO THE LEFT.

SO YOUR VIEW IS ACTUALLY AT LANDSCAPING AND TREES, BUT I WOULD BE WILLING TO PROVIDE A BOULEVARD ENTRY TO KINDA MATCH UP WITH WHAT'S ACROSS THE STREET THERE.

UM, SO, UM, COUPLE OF OTHER THINGS, UH, JUST TO CLARIFY THIS, THIS PROJECT IS TWO DIFFERENT HOME TYPES, UM, AND THE HOMES, UM, THE HOMES ON THE WEST WEST WILL BE PART OF THE HOA, UH, BUT NO SERVICES ARE PROVIDED LIKE A LAWN CARE IS NOT PROVIDED THROUGH THE HOA FOR THOSE PROPERTY OWNERS.

UM, IT'S A, IT'S A NORMAL, SINGLE FAMILY HOME FOR THEM.

UM, FENCES WOULD BE ALLOWED, UM, SHEDS ARE TYPICALLY, WE, WE DON'T, UH, ALLOW SHEDS IN THOSE, IN THAT AREA.

UM, BUT THE HOMES ON THE EASTERN SIDE, UH, LANDSCAPE MAINTENANCE IS INCLUDED.

SO, UM, THE, KEEP, THE LANCE TELL LOUD THE, THE, UH, UH, THE GRASS CUTTERS TO COME IN AND MAINTAIN THOSE YARDS FENCES ARE NOT ALLOWED, UH, FOR THOSE HOMEOWNERS.

UM, WE HAVE SUBMITTED SOME EXAMPLE, UM, UH, UH, COMMUNITY, UH, TO, UH, STAFF.

UM, THERE, WE IT'S PRETTY MUCH STANDARD LANGUAGE ACROSS MOST OF OUR DEVELOPMENTS.

UM, THE RESTRICTIONS ARE, UH, ARE PRETTY STANDARD ACROSS THE DEVELOPMENTS, UH, ALLOWING FOR ARCHITECTURAL STANDARDS, UM, THAT, UH, IF THERE'S ANY CHANGES TO, UH, TO THE PROPERTY AFTER, UM, AFTER IT'S BUILT, THEY DO HAVE TO SUBMIT THAT TO THE HOA.

UM, ALSO ANOTHER THING, INTERNAL LANDSCAPING, WE SPEND A LOT OF TIME ON LANDSCAPING ON THE EXTERIOR, WHICH IS WHAT PEOPLE, WHICH IS WHAT THE PUBLIC SKIS IS THEY DRIVE BY.

BUT, UH, INTERNALLY, UH, IT'S, WHAT'S GREAT PARTNERING WITH A COMPANY LIKE FISHER HOMES IS THAT THEY HAVE A VERY, UH, ROBUST STAFF AND THEY LOOK AT, UM, THE FIT AND FINISH OF A SUBDIVISION.

SO SOME OF THE ITEMS THAT THEY LOOK AT, UM, ARE, UH, WHEN YOU'RE LOOKING AT A SIDE OF A HOUSE ON A CORNER LOT, UM, A LOT OF TIMES YOU WON'T SEE ANY LANDSCAPING THERE.

UM, FISHER HOMES HAS A HIGH-IMPACT LANDSCAPING THAT THEY APPLY TO THE SIDE OF THE HOUSE TO, UM, TO JUST PRIDE BREAK UP OF THAT, OF THE SIDE OF THE HOME THERE, UM, SPEND A LOT OF ENERGY

[01:45:01]

ON THE LANDSCAPING TO IMPROVE THE SUBDIVISION.

THIS IS ABOUT SELLING HOMES ABOUT MAKING PEOPLE HAPPY FOR WHERE THEY LIVE.

SO, UM, LANDSCAPING IS PART OF THAT FIT AND FINISHED TO MAKE A SUBDIVISION LOOK LIKE YOU, THAT'S WHERE YOU WANT TO MAKE YOUR HOME.

UM, UH, IF THERE'S ANY OTHER QUESTIONS I CAN ANSWER THOSE.

THANK YOU, APPRECIATE THAT.

AND APPRECIATE THE ADJUSTMENTS AND, AND KIND OF THE CONVERSATION DISCUSSION AND HEARING WHAT SOME OF THE CONCERNS WERE AND ADDRESSING SOME OF THOSE.

UH, SO NEXT I WOULD CALL ON THE LAW DIRECTOR AND MAKE ANY COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION, JERRY GETTING OFF THE HOOK EARLY AND EASY TONIGHT.

RIGHT? ANY OTHER REPRESENTATIVE WITH THE EXCEPTION OF, HE WRITES TO THE COUNCIL NUMBERS HERE TO MAKE ANY, UH, ADDITIONAL COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION.

OKAY.

IS THERE ONE PRESIDENT WHO WISHES TO SPEAK IN FAVOR OF THE APPROVAL OF THIS ISSUE? IS THERE ANYONE PRESENT WHO WISHES TO SPEAK AGAINST THE APPROVAL OF THE ISSUE? SO I KNOW WE HAD A COUPLE, THREE DIFFERENT, UM, CITIZENS, ROCHER DISPLAY, SO I GUESS IT WOULD GIVE THE OPPORTUNITY TO SPEAK TO PROPER.

YOU HAVE TO SPEAK TO THE PUBLIC HEARING SINCE WE HAVE, OKAY.

THEN I WOULD FIRST CALL UP, UH, CAROLYN ROURKE, IF YOU PLEASE COME TO THE PODIUM, I MIGHT PULL THE MIC DOWN A LITTLE BIT CLOSER.

YOU GOOD EVENING, MR. MAYOR AND COUNCIL MEMBERS.

MY NAME IS CAROLYN ROCK, AND I LIVE IN THE OAKS OF HUBER HEIGHTS.

AND MAY I ADD, I LOVE DOING SO, NICK AND I HAVE LIVED IN HUBER FOR MOST OF OUR ADULT LIVES.

AND IT WAS AFTER MUCH THOUGHT AND SOUL SEARCHING THAT WE DECIDED TO BUILD IN THE OAKS ON BUYING OUR LOT.

WE WERE SUBJECTED TO MANY RULES AND REGULATIONS BY THE BUILDER, MR. SPOKESMAN, ONE OF THESE RULES WAS THE AMOUNT OF BRICK WE MUST HAVE ON OUR HOME DUE TO THIS BEING THE CITY OF BRICK HOMES, A LOT SIZE AND SPACING BETWEEN HOMES WAS ALSO ENFORCED BY THE CITY.

WE WERE HAPPY TO ABIDE BY THESE RULES, REALIZING THAT THEY WERE FOR OUR OWN GOOD AND DID IN BUILD, DID BUILD IN FACT, AN OLD BRICK HOME.

MY QUESTION TO YOU, MR. MAYOR AND COUNCIL MEMBERS IS WHY THESE RULES, WHICH I UNDERSTAND WERE PUT IN PLACE BY THE CITY MANY YEARS AGO, AND NOW NO LONGER FOLLOWED FOLLOWING THESE GUIDELINES, MAKE US SUBDIVISION.

WATCH IT IS TODAY.

I PERSONALLY DON'T KNOW ANYTHING ABOUT DENSITY AND SUCH, BUT I DO KNOW WHAT IS ATTRACTIVE AND APPEALING TO THE EYE.

I ALSO UNDERSTAND THAT 97 HOMES ARE BEING CONSIDERED TO BE BUILT ON THE SMALL AMOUNT OF ACREAGE OF LAND OPPOSITE OUR DEVELOPMENT ON BEL FONTAINE ROAD WITH THEIR ENTRANCE OPPOSITE DIRECTLY TO OURS.

BELLEFONTAINE ROAD IS ALREADY HEAVILY USED WITH MANY PEOPLE, EXCEEDING THE SPEED LIMIT, ESPECIALLY AT CERTAIN TIMES OF THE DAY, PEOPLE FLY DOWN THE ROAD, MAKE IT EXCEEDINGLY DANGEROUS AT TIMES, WITH BOTH ENTRANCES FACING EACH OTHER.

THIS COULD BE A CATASTROPHE.

I WOULD LIKE TO ADD, HOWEVER, THAT THE LEVELING OF THE ROAD HAS BEEN A BIG IMPROVEMENT.

AND WE DO THANK YOU FOR THAT.

THESE PROPOSED HOMES DO NOT CONFORM TO US IN ANY WAY, SHAPE OR FORM, ESPECIALLY AS I UNDERSTAND THAT 68 DUPLEXES ARE TO BE PART OF THIS DEVELOPMENT.

THIS CAN ONLY DEVALUE OUR HOMES AND TAKE AWAY FROM THE AESTHETIC LOOK OF OUR DEVELOPMENT AND THE OTHER LOVELY ONES, SUCH AS COLUMBIA FARMS, ALL OF WHICH ARE ON BEL FONTAINE ROAD.

I EMPLOY YOU MR. MAYOR AND HONORABLE MEMBERS OF THE COUNCIL TO PLEASE VOTE NO ON THIS PROPOSAL.

I LEAVE BY THANKING YOU ALL IN ANTICIPATION.

THANK YOU VERY MUCH.

APPRECIATE YOUR COMMENTS.

NEXT UP, WE HAVE A TRACY HARMON AND MRS. HARMON'S PROVIDED A HANDOUT FOR COUNSEL

[01:50:03]

SO WHAT YOU'RE BEING GIVEN IS I SAT AND I'VE SPOKEN WITH, UH, THERE'S A MAP ON THE LAST PAGE OF ALL THE NEIGHBORS WHO I HAVE SPOKEN TO.

UM, WE ALL SURROUND THE, THE PROPERTY AND THAT WE'RE DISCUSSING, AND I NUMBERED THEM.

THE LETTERS ARE NUMBERED AND ROBOTS, THE SPACES NUMBER WHO GOING AROUND IN A CIRCLE.

UM, BASICALLY WE ALL PRETTY MUCH HAVE THE SAME CONCERN.

SOME PEOPLE HAVE MORE PERSONAL CONCERNS WITH THEIR PROPERTY, BUT THE SLED, THIS NOTE HERE IS THE GENERAL ONES THAT WE KNOW WE LIVE ON PROPERTIES THAT SURROUND THE PROPOSED DEVELOPMENT.

SOME OF IT'S PURCHASED WITHIN THE PAST THREE YEARS TO LEAVE THE SUBURBAN LIFESTYLE BEHIND.

WE CHOSE TO LIVE IN A RURAL SETTING TO ENJOY THE PEACE THAT COMES WITH IT.

THE PROPOSED DEVELOPMENT DOES NOT FOLLOW THE COMPREHENSIVE PLAN THAT WE HAD LOOKED AT PRIOR TO BUYING OUR HOME, UM, WHICH CALLS FOR SINGLE FAMILY DETACHED HOMES ON MEDIUM TO LARGE SIZE LOTS.

THE PROPOSED DEVELOPMENT HAS 68 DUPLEXES.

THE LOT SIZES DON'T DO NOT MATCH THE MINIMUMS FOR THE CITY CODE.

THERE'S NO BUFFERING OR TRANSITION TO THE EXISTING PROPERTIES.

ALTHOUGH HE OFFERED FOR US, UM, MOREOVER MOM THAT THE TRAFFIC STUDY, THEY SAID, THEY'RE GOING TO PUT IN TURN LANES, UM, WHICH MAYBE WILL HELP.

UM, BUT AGAIN, WE HAVE CONCERNS JUST WITH THE LIFESTYLES THAT WE LIVE A RAPID INCREASE IN DENSITY THAT WILL AFFECT OUR EVERYDAY LIVES AND FEELINGS OF, OF SECURITY, UH, THE 20 FOOT BACKYARDS FROM OUR PROPERTY LINE.

UM, JUST CONCERNED PEOPLE WANDERING, UH, CONCERNED ABOUT IF, FOR PEOPLE WHO ARE TAKING CARE OF THEIR OWN LAWNS, THE CHEMICALS, UH, WE DON'T USE ANYTHING.

I KNOW A LOT OF THE WOMAN ON THE OTHER SIDE HAS HORSES.

PEOPLE HAVE LIVESTOCK.

UM, YOU KNOW, WE DON'T WANT THAT STUFF COMING INTO OUR PROPERTY, THROUGH WATER, WHATEVER, UH, WELLS, UM, ALSO CONCERNED ABOUT WITH A VERY SMALL BACKYARD, WHAT'S GOING TO BE STUCK ALONG THE BACK OF THE BACKYARDS, WHETHER IT'S THUMPING OR WHATEVER.

UM, JUST, I DON'T, IT'S JUST SO CLOSE, UH, WHILE DEVELOPER HAD THEIR CONCERNS ABOUT THAT WAS IT'S A POLICE MATTER.

I DON'T BELIEVE IN CALLING THE POLICE FOR THINGS LIKE THAT.

I WOULD SPEAK TO THE NEIGHBOR, RIGHT? I MEAN, I THINK THAT'S SILLY TO CALL THE POLICE FOR THINGS LIKE THAT.

UM, IF THE DENSITY IS HELD TO THE STANDARD OF SINGLE FAMILY, DETACHED HOMES THAT IS IN THE COMPREHENSIVE PLAN, IT WOULD ANSWER MANY OF OUR CONCERNS AND BE IN LINE WITH ANY DEVELOPMENT THAT WE HAD EXPECTED ON THAT PROPERTY.

UH, WE'RE NOT OPPOSED TO DEVELOPMENT.

WE JUST WANT IT TO, INTO THE EXISTING LAND THAT IS THERE.

UM, GENERALLY, GENERALLY THE DENSITY, AGAIN, DENSITY, IT GETS MORE DENSE.

IT'S YOU'RE IN THE CITY AND LESS DENSE AS YOU COME OUT.

SO I'VE SPOKEN TO EACH OF THESE, THESE FAMILIES, AND I'VE GOTTEN TO MEET SOME NEIGHBORS.

AND, UM, UNFORTUNATELY I GUESS I'M THE ONLY ONE WHO CAME, BUT I, WE WANTED EVERYONE WANTED THEIR VOICES HEARD, AND WE ARE HOPING THAT YOU WILL NOT APPROVE THIS.

UM, I DID HAVE SOME PERSONAL, UM, ISSUES, WHICH ONE HE ANSWERED ABOUT THE TRAFFIC STUDY.

CAUSE I WAS CONCERNED WITH THE OTHER DEVELOPMENT NORTH OF THE RESERVES WITH ONLY 74 HOMES GOING IN AND YET THEY REQUIRED A TURN LANE AND EVERYTHING.

AND I'M THINKING IF WE'RE GOING TO HAVE 97 UNITS COMING IN ACROSS FROM THE OAKS, IT'S GOT TO REQUIRE SOMETHING WITH 97, PROBABLY TIMES TWO OR EVEN SOME HOMES.

SOME PEOPLE THAT ARE HAVING THREE CARS, THREE VEHICLES, THE TRAFFIC, I THINK TO ME IS GOING TO BE A HUGE INCREASE ON BELLTOWN.

AND AGAIN, I DO HEAR LOTS OF SPEEDING AND MOTORCYCLES THEN.

YES.

UM, ANOTHER QUESTION I HAD WAS THE FIRE SAFETY.

I WAS HERE WHEN THE FIRE CHIEF GAVE HIS TALK.

AND I KNOW HE APPROVED THE VERY LONG ROAD THAT AS A FORMER MILITARY PERSON, MOVING TRUCKS ARE PARKED, JUST, YOU KNOW, BLOCKING A ROAD.

AND I, HE WAS SAYING HOW WE DON'T GET A LOT OF CALLS FOR NEWER, YOU KNOW, EMERGENCY CALLS FOR NEWER HOMES.

WELL, WHAT ABOUT IN 10 YEARS WHEN THE HOMES AREN'T NEW ANYMORE? IS IT STILL SAFE TO HAVE ALL THOSE HOMES PACKED IN THERE WITH ONE ENTRANCE AND AN EMERGENCY EXIT? I DON'T KNOW.

I JUST, I UNDERSTAND WHAT HE'S SAYING, THAT THEY DON'T GET A LOT OF EMERGENCY CALLS IN, IN NEWER HOMES, BUT THE HOMES ARE GONNA AGE, YOU KNOW, I DON'T, I DON'T UNDERSTAND HOW IT CAN BE.

OKAY.

I JUST FEEL LIKE THERE'S A LOT OF, WE'RE LETTING THE SLIDE BY LIKE, OH, THIS'LL BE OKAY.

AND I UNDERSTAND WE NEED DEVELOPMENT.

I UNDERSTAND THE CITY NEEDS TO GROW AND CHANGE.

I TOTALLY GET THAT.

WE MOVED HERE.

WE CHANGED WHERE WE LIVED AND CAME HERE.

UM, ANOTHER CONCERN I HAVE IS DRAINAGE.

WE LOOK FROM OUR YARD, IT GOES

[01:55:01]

UP TO THAT PROPERTY.

MY CONCERN FROM THE BEGINNING HAS BEEN ANYTHING RUNNING.

IT'S GOING TO RUN, RIGHT? IT'S PHYSICS, WATER RUNS TO THE LOWEST.

WE'RE THE LOWEST POINT.

OUR PROPERTY IS THE LOWEST POINT.

ALONG THE NORTH SIDE, IF THERE'S GOING TO BE NINE HOUSES WITH, I FORGET WHAT THEY CALL IT, WHERE, YOU KNOW, IT GOES AROUND THE BASEMENT TO D TO MOVE THE WATER.

YOU KNOW, WHEN RAIN COMES DOWN AND COLLECTS, AND THEN IT'S MOVED AWAY FROM THE HOUSE, ISN'T THAT ALL GOING TO COME TOWARDS ME RIGHT TOWARDS THE BACK OF THE HOUSE.

SO FROM NINE HOMES, ALL THAT, YOU KNOW, BEING DUMPED AT THE LOWEST POINT AS I WAS MEETING MY NEIGHBORS, I MET A WOMAN ON CHAMBERSBURG.

A VAN BAY, I THINK IS HER NAME SHE'S RIGHT ACROSS FROM ARTISAN WALK.

SHE IS THE LOWEST POINT.

AND SHE SAID HER FRONT YARDS IN WATER AFTER ARTISAN WALK WAS BUILT.

AND I KNOW THEY SAY THE ENGINEERS CALCULATE THAT AND ALL THE WATER SUPPOSED TO BE REMOVED, BUT I WAS IN HER FRONT YARD AND IT'S NOT NICE.

AND SHE'S THE LOWEST POINT.

AND I DON'T WANT A MARSH, YOU KNOW, NEXT TO PROPERTY.

I DON'T KNOW.

I'M NOT AN ENGINEER.

I JUST KNOW THE LOWEST POINT AND THAT'S US.

SO THOSE ARE MY CONCERNS.

UM, I APPRECIATE YOU LISTENING AGAIN, CAUSE I'VE BEEN HERE A LOT.

UM, AGAIN, I APPRECIATE YOUR TAKING YOUR TIME AND GIVING US A CHANCE TO SPEAK.

THANK YOU.

NEXT STOP.

MRS. CINDY SAID, I SET THIS HERE.

WILL IT, IF I SET IT ON YOUR KEYBOARD WILL.

OKAY.

WELL THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THIS ISSUE YET AGAIN, WHILE THE DEVELOPER HAS MADE SOME CHANGE FROM THE PRIOR PROPOSAL, THE DEVELOPMENT IS STILL UNACCEPTABLE TO THOSE OF US WHO RESIDE IN THE AREA.

THERE ARE STILL DUPLEXES AND THE DEVELOPMENT AND THE DEVELOPMENT DOES NOT FOLLOW OUR COMPREHENSIVE PLAN.

IT DOES NOT MEET ALL OF THE CITY CODES AND IT DOESN'T FOLLOW ANY TRANSITION OF CITY PLANNING PHILOSOPHY.

IT IS AN URBAN DESIGN IN A RURAL AREA.

IT DOES NOT FIT THOSE OF US WHO LIVE IN THE AREA HAVE ALL COMPLIED WITH THE CITY'S PLAN.

THIS DEVELOPMENT DOES NOT, FOR ME.

IT WILL REDUCE MY PROPERTY VALUE.

IT WILL CAUSE TRAFFIC, WEATHER PROBLEMS AND POSSIBLE TRESPASSING ISSUES FOR MY NEIGHBORS ACROSS THE STREET THAT BORDER THE PROPOSED DEVELOPMENT.

IT WILL DO ALL THAT IN ADDITION TO AFFECTING THEIR WAY OF LIFE, THE DEVELOPERS NOT PROVIDING ANY BUFFER OR TRANSITION FOR THE ENTIRE PROPERTY.

IN FACT, HE IS ASKED TO HAVE THE CITY CODE REQUIRED, BACKYARD BRINGING HOUSES EVEN CLOSER TO THE PROPERTY LINE.

THE DENSITY OF THIS PROJECT FAR EXCEEDS ANYTHING THAT IT BORDERS BY A FACTOR OF 17.

I SENT A LETTER TO EACH OF YOU DETAILING MANY OBJECTIONS TO THIS PROJECT.

I APOLOGIZE FOR THE LENGTH, BUT I FELT IT IMPORTANT TO DETAIL EVERY OBJECTION.

I'M NOT GOING TO GO OVER THOSE NOW BECAUSE I'VE GIVEN THEM ALL TO YOU TO READ.

BUT ANOTHER PROBLEM I'D LIKE TO BRING UP IS THE PROPOSED ORDINANCE FOR THIS ZONING CHANGE.

I'VE BEEN TO A LOT OF THESE MEETINGS AND A LOT OF THE PLANNING COMMISSIONS, AND I'VE NEVER SEEN SUCH A BRIEF ORDINANCE FOR A PUD, ESPECIALLY CONSIDERING THIS IS BOTH FOR A BASIC AND A DETAILED DEVELOPMENT PLAN.

LOOKING THROUGH THE DOCUMENTS AVAILABLE ONLINE.

I DO NOT SEE ANY INFORMATION ON THE PROPOSED SINGLE FAMILY, DETACHED HOMES.

AND I WOULD HOPE THIS ENTIRE PROJECT WOULD BE SINGLE FAMILY DETACHED HOMES ON MEDIUM TO LARGE SLOTS LIKE CALLED FOR IN OUR COMPREHENSIVE PLAN AND THE PROPOSED ORDINANCE.

THERE IS NOT ANY LOT SIZE DETAILED.

THERE IS NOTHING ABOUT THE TYPES OR NUMBER OF HOMES, THE SIZE OF THE HOMES, OR ANY SPECIFICS THAT I HAVE SEEN IN ANY OTHER DEVELOPMENTS, INCLUDING THE ORDINANCE FOR THE OAKS, WITHOUT THIS TYPE OF SPECIFICITY IN AN ORDINANCE.

IS THERE ANY REAL LIMIT ON WHAT CAN GO THERE IN THE PAST? I HAVE SEEN CONSIDERATION GIVEN TO THE EXISTING HOMES BY CREATING A TRANSITION THAT WOULD BE INCLUSIVE OF THE DESIRES OF ALL A BUFFER ZONE WITH A FENCE TO CLEARLY DELINEATE PROPERTY LINES WOULD EASE THE ISSUES OF SAFETY AND TRESPASSING

[02:00:01]

THAT HAVE BEEN EXPRESSED.

WE'VE ALL HEARD THAT GOOD FENCES MAKE GOOD NEIGHBORS IN A TRANSITION ZONE OF HOUSE TYPE LOT SIZE AND BUILDING MATERIALS WOULD ACKNOWLEDGE AN EFFORT TO FIT INTO THE EXISTING NEIGHBORHOOD, TO PUT IN URBAN DEVELOPMENT, ONE WITH DUPLEXES, AND THAT'S LOTS SMALLER THAN THE MINIMUM REQUIRED BY THE CITY CODE IN THIS LOCATION WOULD JUST BE DEVASTATING TO US.

HUBER HEIGHTS, CITIZENS THAT SURROUND THAT PROPERTY.

PLEASE APPLY GENERAL CITY PLANNING PRINCIPLES THAT ARE OUTLINED IN OUR COMPREHENSIVE PLAN AND DENIED THIS APPLICATION AS IT IS PRESENTED SINCE I SENT YOU ALL A LOT OF INFORMATION BEFORE, IS THERE ANY QUESTIONS OR ANY FURTHER DISCUSSION THAT ANYONE WOULD LIKE TO INITIATE AND THANK YOU FOR YOUR TIME.

THANK YOU.

OKAY.

NEXT TO I CALL NUMBERS OF THE HEBREW RIGHTS CITY COUNCIL TO MAKE ANY COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION.

I THINK, UH, YES, THIS IS FOR, UH, UH, MR. SURROUND.

UM, YOU SAID THAT THE TRAFFIC STUDY HAS BEEN COMPLETED.

UH, HOW, HOW COMPREHENSIVE WAS THAT TRAFFIC STUDY? WHAT AREAS DID THEY LOOK AT? AND, UM, I GUESS I WOULD HAVE LIKED TO HAVE SEEN AT LEAST AN EXECUTIVE SUMMARY OF WHAT THEIR FINDINGS WERE AND THE SAME WITH THE, UH, THE, UH, STORMWATER ANALYSIS.

SO, UM, AS IT RELATES TO THE TRAFFIC STUDY, UH, THE TRAFFIC STUDY WAS COMPLETED.

UH, WELL, THE ENGINEERS DID A, UH, LOOKED AT IT IN JANUARY.

I BELIEVE.

UM, THE, WHAT THEY FOUND WAS AS FAR AS PEAK HOUR TIME, UH, TRAVEL, WHICH, UH, IN THE MORNING, THE PEAK HOUR WOULD BE SEVEN 30 TO EIGHT 30.

UH, A, UM, THERE WOULD BE 61 TOTAL TRIPS.

THEY ESTIMATE 46 VEHICLES EXITING AND 15 ENTERING DURING THAT ONE HOUR PERIOD OUT OF THIS NEW DEVELOPMENT, CORRECT.

DID THEY NOT TAKE INTO CONSIDERATION THE TRAFFIC COMING OUT OF THE OAKS? THEY TOOK A CONSIDERATION OF TRAFFIC COMING OUT OF THE OAKS, AS WELL AS THE AMOUNT OF TRAFFIC ON THAT WAS VISUALLY CAPTURED DURING THAT 24 HOUR PERIOD ON FILM, DID THEY FACTOR IN THE NUMBER OF HOMES THAT ARE BEING BUILT AND SILVER OAKS PLUS WHAT'S WAS PROJECTED FOR THE DEVELOPMENT THAT WAS GOING IN FITCHBURG AND BELL FOUNTAIN.

SO THEY, UH, THE CV STUDY LOOKS AT WHAT THE CURRENT CONDITIONS ARE, WHAT WILL BE, UH, THE CONDITIONS ONCE THIS IS FULLY BUILT OUT.

UH, AND THEN WHAT THE ESTIMATED CONDITIONS ARE IN 2032, UH, AS FAR AS THE 10 YEAR PROJECTION ON TRAFFIC.

UM, AND WHAT THE STUDY INDICATED IS THAT AS FAR AS THE TURNING LANES, UM, WHICH IS REALLY ALL THE TRAFFIC STUDY IS, IS THERE FOR, UM, IS THE JUST CHANGING THE PAYMENT PAVEMENT MARKINGS, UM, UH, MEET THE ODATA TRAFFIC MANUAL STANDARDS.

IT JUST SEEMS AWFULLY LOW FOR ALL THE HOMES THAT ARE IN THAT AREA ARE IN PROCESS IN THAT AREA ARE PROJECTED FOR THAT AREA.

SO, UM, YOU KNOW, NOT HAVING SEEN ANY DATA, I CAN'T, YOU KNOW, MAKE ANY CONCLUSIONS ON IT AS FAR AS THE STORM WATER ANALYSIS.

AND, AND THANK YOU FOR THE RESIDENTS FOR BRINGING ADDITIONAL INFORMATION FORWARD, BUT HOW FAR OUT DID THEY GO IN THEIR, UH, IN THEIR WATER ANALYSIS? UH, I'VE, I'VE EXPRESSED A CONCERN BEFORE THAT WE DON'T, THAT WE MAY NOT BE LOOKING AT A WIDE ENOUGH REGION ON HOW THE NEIGHBORING PROPERTIES ARE AFFECTED BY RUNOFF OR ANY OTHER NUMBER OF ISSUES RELATED TO A WASTEWATER.

SO THE APPLICANT CAN GO INTO MORE DETAIL FOR THAT, BUT, BUT THE, THE STANDARD, UH, FOR THE APPLICANT TALK ABOUT THIS ONE SPECIFICALLY, BUT, UH, IN GENERAL, AS FAR AS STORMWATER DETENTION, THE IDEA IS TO DO NO HARM.

SO, UH, AND THAT IS TO NOT HAVE ANY WATER, MORE WATER RUNNING OFF OF THE PROPERTY THAN CURRENTLY EXISTS BASED ON THE, THE PLAN IMPROVEMENTS.

BUT AS FAR AS THE, HE CAN, HE CAN ANSWER THAT WE WOULD LOOK AT, AND TYPICALLY, UH, SINCE THIS IS A COMBINED AND DETAILED, UM, WE

[02:05:01]

WOULD VERIFY THE CITY ENGINEER WILL VERIFY THOSE CALCULATIONS.

UM, WHEN, WHEN THE FINAL PLANS ARE SUBMITTED, UH, IF THERE ARE ANY REVISIONS THAT NEED TO BE MADE, UH, AND THEN NO PERMITS ARE ISSUED UNTIL HE SATISFIED, RIGHT.

HAVE WE DETERMINED WHETHER THERE'S ANY WETLANDS, THERE ARE NO DELINEATED WETLANDS, UH, AND THE ONLY WATER FEATURE THAT, UH, SO LIKE I SAID EARLIER, THE ONLY WATER FEATURE, I DON'T EVEN WANNA CALL IT A WATER FEATURE.

THERE'S TWO EROSION, UM, FEATURES.

SO BASICALLY DON'T RUN OFF HAS, HAS CREATED, YOU KNOW, TWO EROSION AREAS, BUT THESE ARE NON-JURISDICTIONAL AND NOT SUBJECT TO ANY, UM, OVERSIGHT.

OKAY.

UM, ON THIS SUBJECT OF THE SIGNAGE AT, WELL, THE BOULEVARD ENTRANCE, I MISSED WHAT HE SAID ABOUT PUTTING THAT IN THERE.

I BELIEVE THAT THE APPLICANT IS NOW AMENABLE TO A BOULEVARD.

OKAY.

UM, DOES THAT CHANGE THE SIGNAGE THAT YOU HAD PROJECTED? BECAUSE I THOUGHT I SAW IN YOUR PACKAGE THAT THERE WAS GOING TO BE A SIX FOOT HIGH MONUMENT SIGN, WHICH IS QUITE A BIT HIGHER THAN WHAT OUR OTHER DEVELOPMENT SIGNS ARE.

UM, YES.

UM, SO I'LL, I'LL START WITH, UM, STORMWATER, UH, STAFF HAS PUT WITH A WELL, UH, BUT ON THE STORMWATER SIDE, LIKE I'VE SAID PREVIOUSLY, IT'S, UH, THIS IS ALL ENGINEERED.

THIS IS ALL ENGINEERED IT'S DONE BY ENGINEERS.

SO, UM, UH, SOME OF YOUR QUESTIONS, I, I'M NOT SURE HOW TO ANSWER, UM, EXCEPT FOR THAT RUSS BERGMAN, THE CITY ENGINEER DOES DO THE REVIEW ON THESE.

UM, I DID GET A, AND THIS EMAIL HAS BEEN SENT IN TO STAFF, UM, BUT JUST GOT KIND OF A NARRATIVE, UM, FROM MY ENGINEER ON HOW HE DETERMINES STORMWATER AND HOW HE DOES HIS STORM ANALYSIS.

AND IT'S, UM, IT'S DONE THROUGH THE WATER MANAGEMENT REGULATIONS OF A CITY OF HUBER HEIGHTS, UH, REQUIRES SIZING TO BE BASED ON URBAN HYDROLOGY FOR SMALL WATERSHEDS TECHNICAL RELEASE, 55 BY THE US DEPARTMENT OF AGRICULTURE.

SO IT'S, IT'S, UM, CRITERIA CREATED BY THE GOVERNMENT, NOT BY ME, NOT MY DEVELOPERS.

SO THE STORMWATER IS SOMETHING THAT IT'S, UM, IT'S, IT'S REGULATED.

UM, SO I ONLY DO WHAT THE ENGINEERS AND WHAT THE CITY ENGINEER TOLD ME TO DO, UM, AND DEVELOP IT THAT WAY.

DOES THAT, DOES THAT MAKE SENSE? WELL, I HEAR WHAT YOU'RE SAYING.

UM, THOSE ARE THE MINIMUM REQUIREMENTS.

THAT'S THE WAY I LOOK AT IT, AND I'VE NEVER REALLY GOTTEN A STRAIGHT ANSWER ON HOW FAR WE REACH OUT.

WHEN WE DO A STORMWATER ANALYSIS.

I DON'T UNDERSTAND THE, THE MINIMUM, THE MINIMUM REQUIREMENTS TO ME.

YOU CAN ALWAYS DO MORE THAN YOU'RE ASKED TO DO.

OKAY.

BUT WHEN YOU FOLLOW THE OHIO GUIDELINES OR THE MUNICIPAL GUIDELINES, THOSE ARE THE MINIMUM REQUIREMENTS THAT YOU CAN MEET.

SO I DON'T KNOW, I'VE NEVER SEEN WRITTEN WHEN YOU DO A STORMWATER ANALYSIS, IF YOU'RE JUST LOOKING AT THE AREA OF LAND THAT YOU'RE BUILDING ON, OR HOW FAR OUT IT REACHES TO SEE HOW YOU AFFECT NEIGHBORING PROPERTIES, THAT'S NOTHING THAT I'M ASKING YOU TO ANSWER.

I CAN HELP YOU UNDERSTAND THIS.

IT'S IT'S, IT'S, IT'S, IT'S, UM, I'M A, UH, HISTORY AND LATIN MAJOR.

UM, SO I'M NOT AN ENGINEER, UH, BUT, UH, I KNOW ENOUGH TO BE DANGEROUS, I GUESS.

UM, SO, UM, WHEN WE DO, WHEN THEY DO THE STORM WATER ANALYSIS AND THEY PUT A DETENTION BASE IT IN THE WATER FROM THIS PROPERTY GOES INTO THAT DETENTION BASIN, AND THEN IT'S RELEASED INTO THE STREAMS. IT'S NOT REAL, IT'S NOT TAKEN FROM THE HOUSES, THEN JUST PUMPED INTO THE STREAM.

THAT'S NEXT TO IT GOES INTO A WATER MANAGEMENT BASIN.

UM, THE WATER MANAGEMENT BASINS TODAY, VERSUS FOR EXAMPLE, WHEN THE OAKS WERE DEVELOPED ARE MUCH MORE REGULATED, UH, ARE LARGER, UH, RELEASE WATER AT A SLOWER RATE THAN THEY DID WHEN THE OAKS WAS DEVELOPED.

SO THE OAKS STORM WATER IS RELEASED AT A QUICKER RATE.

THEN THIS DEVELOPMENT WILL BE OKAY, AND, AND THAT'S GOOD, BUT I'M CONCERNED WITH WHAT, UH, MRS. HARMON SAID ABOUT HER BEING A LOW POINT AND THE LADY DOWN THE STREET FROM HER BEING AT A LOW POINT, AND SHE'S GETTING THE RUNOFF FROM THE ARTISTS IN WALK DEVELOPMENT DOWN THERE.

NO, THAT'S NOT YOUR THING.

BUT WHAT I'M SAYING IS I WOULD LIKE TO MAKE SURE THAT WE DON'T REPLICATE THAT PROBLEM WHEN WE'RE PUTTING IN OTHER DEVELOPMENTS.

AND THAT'S BEEN MY CONCERN AND I'M NOT LOOKING FOR AN ANSWER FROM YOU.

I'M JUST

[02:10:01]

VOICING A CONCERN.

OKAY.

SO YOU, AND THEN YOU HAD A QUESTION ABOUT TRAFFIC.

UM, THE CITY ENGINEER GAVE THE SCOPE TO THE TRAFFIC ENGINEER WHO IS CHOICE ONE WHO DOES WORK FOR THE CITY.

UM, THEY USE A ANALYSIS, UH, THAT IS SET BY, UH, THE, BY, UH, UH, DEPARTMENT TRANSPORTATION.

AND THEN THE, UH, THERE'S A, UM, UH, UH, TRANSPORTATION ENGINEERS SET THAT.

SO, UM, THEY LOOK AT QUITE A, QUITE A FEW, UH, POINTS OF DATA AND THAT, UM, YOUR LAST QUESTION WAS ON, UM, ON THE MONUMENTS.

SO THE MONUMENTS ARE BASED ON, UH, ONCE I'VE DONE IN THE PAST THAT, UH, ARE REALLY EFFECTIVE AND THEY'RE VERY NICE.

UH, THEY ARE, UM, KIND OF A CLASSIC REC COLUMN.

UM, I SHOW THEM AT SIX FEET, IT'S SIMILAR TO, UH, THE MONUMENT, UH, AT QUAIL RIDGE, MY DEVELOPMENT DOWN ON CHAMBERSBURG.

SO A SIMILAR TO THAT, THE LANDSCAPING WILL BE DIFFERENT.

IT'S, IT'S DIFFERENT ELEVATIONS THAN THIS, UH, PROPERTY, BUT IT'S SIMILAR TO THOSE WITH A COACH LIGHT ON TOP.

OKAY.

ALL RIGHT.

I, I CAN RELATE TO IT NOW BECAUSE I'VE SEEN THOSE.

YEP.

OKAY.

UM, I AM A LITTLE CONCERNED ABOUT, UM, APPROVING A DETAILED DEVELOPMENT PLAN WITHOUT HAVING WHAT WE WOULD NORMALLY SEE IN A DETAILED DEVELOPMENT PLAN.

WE'RE GOING ON BLIND FAITH HERE.

SO IN WHAT WAY? WELL, AS HAS BEEN POINTED OUT, WE HAVEN'T SEEN ANY REAL DRAWINGS OF WHAT THESE HOUSES, THE DIMENSIONS, IF THERE'S TREES, IF THERE'S LIGHTS, I MEAN, JUST THERE'S THE NORMAL THINGS THAT YOU PUT IN A DETAILED DEVELOPMENT PLAN.

WE, THE PLANNING COMMISSION NORMALLY APPROVES THOSE, BUT IF WE'RE BEING ASKED TO APPROVE IT HERE, WE DON'T HAVE A LOT OF DETAIL IN ORDER TO DO THAT.

SO, UM, JUST LIKE, IF YOU HADN'T TOLD ME WHAT THAT SIGN LOOKED LIKE, THE MONUMENT, I WOULDN'T HAVE KNOWN BECAUSE I MEAN, THERE'S NOTHING ON PAPER IN THIS PACKAGE THAT TELLS US WHAT THAT'S GOING TO LOOK LIKE.

SO AT ANY RATE, UM, I THINK THAT, UH, OH, THE LAST THING WAS FENCING.

I GUESS I HAVE A REAL CONCERN ABOUT FENCING BECAUSE YOU'RE BUDDING UP TO A RURAL AREA NOW.

AND HOW WILL THE RESIDENTS THAT LIVED THERE PROTECTED PETS OR THEIR KIDS FROM PREDATOR, PREDATORY ANIMALS THAT ARE IN THE AREA? UM, I DON'T UNDERSTAND THE QUESTION THAT YOU MEAN.

ALRIGHT.

SO WHAT, LIKE AN EXAMPLE, CAN YOU GIVE ME AN EXAMPLE OF LIKE A KID? I BOUGHT A HOUSE IN THERE AND I WANTED TO PUT A FENCE UP.

I HAVE, IF I HAD A DOG AND I WONDER IF FENCE IN THE DOG, YOU'RE SAYING NO FENCES ARE ALLOWED WELL.

AND, UH, IN THE, UH, IN THE, UH, IN THAT ATTACHED SINGLE FAMILY, DETACHED SINGLE FAMILY FENCES, WOULDN'T BE ALLOWED.

IT ALLOWS FOR A LAWN MAINTENANCE.

SO OFFENSES WERE UP, UH, THE ABILITY FOR THE CONTRACTOR, THAT'S MAINTAINING ALL THOSE YARDS.

YOU KNOW, IT'S VERY DIFFICULT FOR THEM.

IF THERE'S THE, THIS IS A CHALLENGE OF THE TRANSITION FROM, FROM THE RURAL TO THE URBAN OR URBAN TO THE RULE, BECAUSE IF I'M GOING TO HAVE A PET AND I WANT TO LET THEM OUT TO RUN EXERCISE, DO THEIR BUSINESS OR WHATEVER, IF THEY HAPPEN TO GO OUT, THERE'S A COAG COYOTE IN THE AREA OR, OR WHATEVER, WHATEVER IT MIGHT BE.

THEY'RE AT RISK.

THE CHILDREN GO OUT IN THE BACKYARD.

THEY'RE AT RISK OF THESE ANIMALS, THE CHILDREN AT RISK.

YEAH.

I DON'T, I, I, I DON'T.

YEAH, I DON'T.

I LIKE WHAT, LIKE, MY CHILDREN ARE AGES SIX THROUGH 12.

OKAY.

SO ARE YOU SAYING LIKE MY CHILDREN, I, I BACK UP TO 230 ACRE FARM.

UM, THAT'S ALL FOREST AND I DON'T HAVE A FENCE IN MY BACKYARD, BUT I'M, I FEEL SAFE HAVING MY KIDS.

I DON'T UNDERSTAND THE QUESTION THAT IT'S A WOW.

UM, I'M HAPPY YOU FEEL SAFE WHERE YOU ARE.

OKAY.

BUT EVERYBODY ELSE MAY NOT FEEL THAT WAY.

OKAY.

I MEAN, BUT I THINK FENCES SERVE A PURPOSE AND THAT'S OKAY.

I DON'T WANT TO DWELL ON THAT.

UM, AND I GUESS, SO THIS IS JUST A GENERAL QUESTION FOR THE, FOR OUR STAFF.

WHY ARE WE, WHY DO WE KEEP COMPROMISING ON REAR YARD SETBACKS AND BUILDING MATERIALS? BECAUSE YOU'RE JUST MOVING AWAY FROM OUR STANDARDS, MAKING EXCEPTIONS FOR EVERYTHING.

AND, AND, AND ASIDE FROM, UM, FROM THE GABLES, WE'RE, WE'RE MOVING AWAY FROM A BRICK CITY.

SO, UH, I DON'T KNOW.

WE'RE JUST GIVING UP AN AWFUL LOT HERE.

[02:15:01]

SO ANYWAY, I'M DONE.

THANK YOU.

ANY OTHER QUESTIONS, COMMENTS FROM, YES.

GOOD.

THANK YOU.

MA'AM UM, AARON, UH, MR. SORRELL, THANK YOU EITHER WAY.

THAT WORKS FOR ME.

THAT'S FINE.

WELCOME.

UM, UH, MS. SMITH OUTLINED SEVERAL POINTS, AND I KNOW THEY'VE BEEN MENTIONED, I'M NOT GOING TO GO OVER THE ONES TRYING TO NOT BE REDUNDANT, BUT THE COMPREHENSIVE PLAN THAT THE CITY HAS, UH, TO HER POINT, UH, IS THAT ACCURATE THAT THIS DOES NOT FIT THIS DEVELOPMENT DOES NOT FIT THAT COMPREHENSIVE PLAN AT THIS TIME.

SO THE, THE, UM, IT IS THE COMPREHENSIVE PLAN FOR THIS AREA.

UM, IT, IT IS.

SO IT'S A GUIDELINE, UM, AND IT SPECIFICALLY DOES SAY IN THERE, UH, DETACHED SINGLE FAMILY HOUSES, UH, BUT IT ALSO SAYS THAT DENSITY, UH, SHOULD BE LESS THAN FIVE UNITS PER ACRE, WHICH THIS PROJECT DOES MEET.

UM, SO I WOULD SAY THAT AS FAR AS THIS, UH, IT'S, IT IS HALF AND HALF IT, UM, THE, THERE ARE OTHER, UH, DEVELOPMENTS THAT WERE RECENTLY APPROVED THAT WERE NOT CONSISTENT WITH THE COMPREHENSIVE PLAN IN THIS AREA AS WELL.

SO, UM, SPECIFICALLY THE, UM, ASSISTED LIVING FACILITY, JUST DOWN THE STREET.

UM, SO IN, IN OHIO, COMPREHENSIVE PLANS ARE GUIDELINES.

UM, THEY SHOULD PROVIDE A PATHWAY OR A DIRECTION, UM, BUT YOU KNOW, TIMES CHANGE.

SO THEY NEED TO BE FLEXIBLE.

UH, AND AS, AS THE POLICY MAKERS, UH, IT IS YOUR, YOU KNOW, IT'S REALLY UP TO YOU AS TO WHETHER OR NOT YOU FEEL THAT, UH, THIS TYPE OF DEVELOPMENT, UM, MEETS THE SPIRIT AND INTENT OF THE CONFERENCE A PLAN.

OKAY.

AND, UM, TO THE POINT, AND I KNOW THIS WAS MENTIONED EARLIER, UH, BUT THIS IS NOT ONLY THE BASIC, BUT THE DETAILED, UH, DEVELOPMENT.

SO THIS, UM, VOTE, UH, WHENEVER WE DECIDE TO HAVE IT, UH, WE'LL JUST BE ONE VOTE FOR COUNCIL AND IT WOULDN'T COME BACK TO COUNCIL.

HOWEVER, WHEN WE USUALLY DO HEARINGS AND WE VOTE, UH, DOES THE, UH, JUST TO CLARIFY, DOES THE DETAILED DEVELOPMENT THEN GO BACK TO PLANNING COMMISSION NORMALLY IN THE PROCESS AND THEY VOTE ON IT AND, UH, WE'LL DOES THAT EVER COME BACK TO COUNCIL THE DETAILED DEVELOPMENT PLAN? YOU'RE YOU'RE CORRECT.

SO, UH, TYPICALLY THE COUNCIL APPROVES A BASIC DEVELOPMENT PLAN OR PLANNING COMMISSION MAKES A RECOMMENDATION ON EITHER THE REZONING AND THE BASIC DEVELOPMENT PLAN, ASSUMING THAT THAT IS APPROVED, THE DETAILED DEVELOPMENT PLAN, THEN ONLY GOES TO PLANNING COMMISSION.

AND IT'S A REVIEW ESSENTIALLY TO MAKE SURE THAT THE DETAILED PLAN MEETS WHAT WAS OUTLINED IN THE BASIC DEVELOPMENT PLAN.

SO A LOT SIZES, UM, YARDS, THAT KIND OF THING.

WE WILL GET INVOLVED INTO THE DETAILS OF THE GRADING PLAN, UH, LIGHTING THAT, THAT TYPE OF THING WHEN ZONING PERMITS ARE, ARE ISSUED.

SO I HAVE SEEN A VARIETY OF DETAILED PLANS.

SOME ARE MORE DETAILED THAN OTHERS, UM, BUT ARE THE REVIEW AND WHAT COUNCIL VOTES ON, EXCUSE ME, WHAT PLANNING COMMISSION VOTES ON AT THE DETAILED PHASE IS REALLY WHETHER OR NOT THAT THAT PLAN MEETS THE INTENT OF WHAT WAS OUTLINED IN THE ORDINANCE OF THE BASIC DEVELOPMENT, RIGHT? AND THE BASIC IS JUST A BASIC PLAN AND THE DETAIL IS MUCH MORE DETAILED.

UH, SO DO I UNDERSTAND THAT IF WE PASS EVENTUALLY BOTH THE BASIC AND THE DETAILED, IT WOULD THEN BE AT A STAFF LEVEL AND THE DETAIL WOULD NOT THEN GO BACK TO PLANNING COMMISSION.

DID I UNDERSTAND THAT CORRECTLY? THAT IS CORRECT.

UNLESS YOU DIRECT US OTHERWISE.

UM, THE S THE APPLICANT WILL NEED TO MAKE SOME REVISIONS TO THE DETAILED PLAN.

ANYWAY, FOR EXAMPLE, THE, UH, THE FIRE LANE, THE SECONDARY ACCESS, THE WIDTH ISN'T WIDE ENOUGH.

UM, BUT THAT WOULD BE SOMETHING THAT WE WOULD HANDLE AT THE, AT THE STAFF LEVEL AFTER IT'S APPROVED.

SO WE WILL MAKE SURE THAT THE FINAL PLANS THAT ARE PART OF THE RECORD, THE OFFICIAL RECORD MEET WHAT WAS THE INTENT BY BOTH THE COMMISSION AND THE COUNCIL.

SO IT WOULD JUST BE AT THE STAFF LEVEL AND THE STAFF WOULD HANDLE IT AS OUR STAFF ALWAYS HAS.

CORRECT.

AND IN THE LAST QUESTION, UM, PLANNING COMMISSION DID VOTE, UH, TO PASS THIS, CORRECT? CORRECT.

OKAY.

THANK YOU.

MA'AM WHAT WAS THE PLANNING COMMISSION RECORD AGAIN, OF RECORD? I BELIEVE IT WAS UNANIMOUS WAS THE AMIS BOOK.

I KNOW IT WAS, I REMEMBER BEING IN THERE BY, JUST FOR, I FORGOT WHAT I FORGOT.

I KNOW YOU ALWAYS ADD THAT AS PART OF YOUR YES, SIR.

[02:20:02]

YES, IT WAS UNANIMOUS.

YES, MARK AARON.

YES.

WOULD YOU REMIND ME AGAIN REGARDING THE COMPREHENSIVE PLAN, HOW THIS DIFFERS, UH, THE ONLY WAY IS IT DIFFERS IS THAT THE, UH, THERE ARE ATTACHED.

THERE ARE, THERE ARE ATTACHED SINGLE FAMILY, UM, UNITS RATHER THAN DETACHED.

THAT'S THE ONLY DIFFERENCE.

OKAY.

AND THEN IN REGARDS TO THE BASIC, AND THE DETAIL HOW WE'RE DOING AT THIS TIME IS DIFFERENT THAN WE TYPICALLY DO IT.

YES.

HOWEVER, YOU HAVE RE YOU HAVE APPROVED COMBINED BASIC AND DETAILED BEFORE THE DATE AND THE LIBRARY DAYTON METRO LIBRARY WAS THE LAST ONE THAT I WAS INVOLVED IN.

THAT WAS BOTH THE BASIC AND A DETAILED DEVELOPMENT PLAN APPROVAL AT THE SAME TIME, A COMBINED APPLICATION, UH, THIS, THIS IS SIMILAR, BUT TYPICALLY THEY'RE SPLIT UP.

AND USUALLY BECAUSE THE DEVELOPER DOESN'T HAVE, UM, EVERYTHING NECESSARILY, UM, FINALIZED AS FAR AS THE BUILDER TYPE OF PRODUCT IN THIS CASE, THEY DO CHARLES, THE SIMS PRODUCT PROBABLY COULD HAVE GONE THROUGH AS A COMBINED BECAUSE THEY HAVE ALL OF THEIR, UM, PLANS IN ORDER.

IN FACT, THEY'VE ALREADY, UM, HAVE SUBMITTED PRELIMINARY DETAILED PLANS TO US.

SO IT JUST DEPENDS ON WHAT STAGE THE APPLICANT IS IN, IN THE DEVELOPMENT.

SO COULD YOU EXPLAIN WHY WE WOULD, WOULD WANT TO BREAK IT UP AND THEN COULD YOU EXPLAIN WHY WE, WOULDN'T, WHY WE WOULDN'T IS BECAUSE THE DEVELOPER HAS MORE OF THE DETAILED DONE THAN TYPICALLY IS, BUT WHY WOULD WE WANT TO BREAK THAT UP? AND COULD WE, UH, YOU CAN CERTAINLY BREAK IT UP.

TYPICALLY, THE REASON THAT THE DEVELOPERS BREAK IT UP IS BECAUSE THEY DON'T OWN THE LAND, THEY HAVE AN OPTION ON IT, AND THEY WANT TO MAKE, THEY DON'T WANT TO SPEND A LOT OF MONEY ON THE VERY DETAILED ENGINEERING DRAWINGS, UH, WITH THE UNCERTAINTY, WITH THE POTENTIAL UNCERTAINTY OF WHETHER OR NOT THE ZONING OR THE BASIC WOULD BE EVEN APPROVED IN THIS CASE.

I DON'T THINK THAT'S THE ISSUE.

OKAY.

SO YOU THINK THAT IT WOULD BE SOMETHING THAT WE COULD DO BREAKING UP THE BASIC AND THE DETAIL? I THINK THE APPLICANT WOULD NEED TO, TO ANSWER THAT I WOULD SAY FROM A STAFF PERSPECTIVE, UM, I AM COMFORTABLE EITHER WAY.

OKAY.

COULD, COULD WE ASK THE APPLICANT IF THEY WOULD BE OKAY WITH THAT SEPARATING THE DETAIL AND THE BASIC BREAKING IT UP? SO THE QUESTION IS, IS, UH, IS TO BREAK THIS, UM, UH, BREAK THIS UPTAKE, UH, IT WOULD BE TAKING IT, UM, THE PLAN BACK THROUGH PLANNING COMMISSION, AND THEN BEFORE YOU ALL AGAIN, IS THAT NO, I THINK WHAT IF, IF WE SAY, IF IT'S SEPARATED, WE WOULD JUST APPROVE A BASIC ZONING PLAN, ZONING CHANGE.

YEP.

SO THE ONE LAST STEP WOULD BE THEN ONCE ALL THOSE FINAL DETAILED DRAWINGS, LANDSCAPING, ONCE THAT'S ALL DONE, IT WOULD JUST GO BACK TO PLANNING COMMISSION.

ONE MORE TIME FOR A PLANNING COMMISSIONER APPROVAL OF THE DETAILED PLAN ZONING WOULD BE CHANGED ALREADY.

YEAH.

IF THE COMFORT LEVEL OF COUNSEL, UM, IF THAT, TO TAKE IT BACK THROUGH, I DON'T HAVE ANY PROBLEM WITH THAT.

UM, UH, I DIDN'T WANT TO SAY, UM, WE'VE, WE HAVE NOT PURCHASED THE PROPERTY YET, BUT WE HAVE PUT QUITE A BIT OF TIME AND EFFORT AND MONEY INTO THIS, UM, TO TRY TO GET, UH, UH, EVERYBODY COMFORTABLE WITH IT.

SO, UM, THEY HAD TO TAKE IT BACK THROUGH PLANNING COMMISSION.

I DON'T HAVE ANY ISSUE WITH THAT.

BE OKAY WITH THAT.

I'D BE OKAY WITH THAT.

YES.

CAN I CONTINUE? YEAH.

LET'S TALK ABOUT THE TRAFFIC STUDY FOR A MOMENT.

AND BRIAN, IF, IF YOU WOULD HELP ME AS WELL.

YES, SIR.

UH, LET'S SAY THE TRAFFIC STUDY DIDN'T INDICATE THAT WE NEEDED A CENTER TURN LANE, OR WE NEEDED SOMETHING IN ADDITION TO JUST REMARKING THE PAVEMENT AND WE WANT TO DO AN IMPROVEMENT TO THAT ROADWAY.

IS THERE ANYTHING THAT DOESN'T ALLOW US TO MAKE THAT DECISION AS A CITY, YOU KNOW, WOULD THE STATE NOT ALLOW US TO DO THAT? IF WE USED A LICENSED ENGINEERING FIRM AND CONTRACTORS SAY THAT'S OKAY.

SO IF WE WANT TO DO ROAD IMPROVEMENTS IN FRONT OF THIS PROJECT, AND WE WANT TO BUILD A CENTER TURN LANE, WE DON'T WANT TO SIMPLY USE PAINT AND REMARK BELL FOUNTAIN ROAD.

CAN WE DO THAT? ARE WE ALLOWED TO DO THAT? THERE WOULD BE NOTHING THAT WOULD PRECLUDE YOU FROM DOING THAT.

OKAY, BRIAN, IS THAT SOMETHING THAT THE PROJECT COULD PAY FOR? UH, IF WE WERE TO PROVIDE FOR A TIP OVERLAY, YES.

THE PROJECT WOULD GENERATE SUFFICIENT FUNDS TO PAY FOR THAT.

AND IS THAT SOMETHING THAT YOU OR JERRY MCDONALD WOULD OPPOSE IF THIS COUNCIL

[02:25:01]

FELT IT NECESSARY TO HAVE THOSE TYPES OF IMPROVEMENTS DONE ON THAT ROAD? NO.

THIS COUNSEL HAS EXTENSIVE EXPERIENCE DOING THAT WITH OTHER PROJECTS.

SO WE WOULD BE ABLE TO DO THAT WITH THIS ONE.

OKAY.

I'M GOING TO CHECK THAT OFF AS AN OKAY.

PART STORMWATER.

YES.

IF WE WANTED TO BROADEN OUR STORM WATER RESEARCH, AND MAYBE, MAYBE WE'RE LOOKING AT EFFECTING A HALF A MILE RADIUS AROUND THIS PROJECT, BUT WE WANT TO GO THREE QUARTERS OF A MILE AROUND THIS PROJECT.

IS THAT SOMETHING WE'RE ALLOWED TO COMPLETE AS A CITY, IF, IF THE CITY WERE DOING IT, I'M SURE.

IF YOU WERE LOOKING AT OTHER F YOU KNOW, W WHAT OTHER FACTORS ARE CONTRIBUTING TO DRAINAGE ISSUES, UH, FOR SURROUNDING PROPERTIES, OR IF THE CITY WANTED TO DO THAT, THEY CALL IT.

I COULD DO THAT.

YEAH.

IN, IN CONJUNCTION WITH THIS PROJECT.

YEAH.

SO IF, IF W IF THE CITY WERE TO DO SOMETHING LIKE THAT, COMMISSION, SOME OF THAT I STUDY OF THAT NATURE CERTAINLY WOULD WANT TO KNOW WHAT THIS DEVELOPER WAS PLANNING TO DO, BECAUSE THAT WOULD IMPACT IT COULD PUT IT BACK.

WE COULD ACTUALLY WORK WITH THIS DEVELOPER.

YOU COULD, I DON'T THINK WE CAN COMPEL THE DEVELOPER TO DO THAT FOR US.

YES.

BUT WE COULD WORK WITH THIS DEVELOPER AND WE COULD PUT TOGETHER EVEN A, A DEEPER, COMPREHENSIVE PLAN ON WATER MANAGEMENT.

YEAH.

I THINK WE WOULD WANT TO, CERTAINLY WE CAN DO THAT.

I THINK WE WOULD WANT TO TAKE A SORT OF AN OVERVIEW LOOK AT, YOU KNOW, WHAT ARE THE ISSUES AFFECTING THE CURRENT RESIDENTS, YOU KNOW, IS IT TOPOGRAPHY, UH, ARE THERE UNDERSIZED, UM, RETENTION PONDS NOW? AND THE NEXT CASE YOU'LL SEE THAT WE ACTUALLY DID INCLUDE, WE DID, UH, TAKE THAT INTO CONSIDERATION, A LARGER STORM WATER CAPTURE, STORMWATER AREA.

AND BRIAN, THE SAME QUESTION THAT I HAD WITH THE TRAFFIC STUDY, IS THERE A WAY TO PAY FOR THAT ENHANCED, COMPREHENSIVE STORM WATER MANAGEMENT REVIEW? YES, SIR.

THE TIF STATUTES WOULD ALLOW THAT, OKAY.

BOULEVARD, ENTRANCE AND SIGNAGE.

HAVE WE RESOLVED THAT AARON TO EVERYONE'S SATISFACTION? IT SOUNDS TO ME LIKE THE DEVELOPER'S AMENABLE TO A BOULEVARD INSURANCE AND THE S THE, THE SIGN SEEMS I'M HEARING THE SIGNAGE IS FINE.

AND SIR, IF YOU'RE OKAY WITH ME CALLING YOU BY YOUR FIRST NAME, COULD YOU TELL ME WHAT IT IS AGAIN, GREG? I DON'T TYPICALLY GO BY SERVICE GREG IN REGARDS TO THE BERM.

IS IT EQUAL DIMENSION AND SIZE TO THE BERM? ACROSS THE STREET.

OKAY.

IS THERE ANYTHING THAT YOU CAN REMEMBER THAT I'VE MISSED, THAT'S BEEN BROUGHT UP AS AN ISSUE? UM, NO, I THINK, OKAY.

SO IF I HAVEN'T THAT THE ONE LAST ISSUE BRIAN, I WOULD LIKE TO DISCUSS IS THE IMPACT ON OUR EXISTING INFRASTRUCTURE WITHIN THE CITY AND HOW THIS PROJECT MAY OR MAY NOT BURDEN THAT LIKE THE STORM WATER.

YES, SIR.

UH, COULD THIS PROJECT GENERATE ANY FUNDS THAT WOULD HELP SUPPLEMENT THE ENDEAVOR THAT WE'RE TO TAKE HERE SOON AFTER OUR ANALYSIS IS COMPLETE ON OUR STORMWATER? UH, YES.

TAP IN FEES, THE USER FEES THAT WOULD BE GENERATED FROM THIS.

UM, ADDITIONALLY, IF THE CITY WERE TO TIF, UH, THIS PARTICULAR PROJECT, WE COULD USE THE TIFF CAPTURED, UH, TO WORK ON THE INFRASTRUCTURE IN CLOSE PROXIMITY THAT DIRECTLY RELATES TO THIS.

SO WE COULD USE THE PROCEEDS TAX PROCEEDS FROM THIS PROJECT TO HELP SUPPORT THOSE OTHER INFRASTRUCTURE CONCERNS IN THIS AREA.

OKAY.

THAT'S ALL I HAVE.

AND IT WAS ON COUNCIL.

HAVE ANY OTHER COMMENTS OR QUESTIONS? OKAY.

SOMEBODY TAKE HIS TEMPERATURE.

OKAY.

I'LL ASK NOW ONE LAST TIME, IF THERE'S ANYONE PRESENT WHO WISHES TO SPEAK IN FAVOR OF, OR AGAINST THE APPROVAL OF THIS ISSUE ONE SECOND, AND THEN WE'LL COME RIGHT BACK TO YOU.

TRACY HARMONY.

AND FOR MRS. BERG, THERE IS A CREEK THAT RUNS IN OUR PROPERTY WHERE THEY RAISED THE ROAD, THAT'S THE CREEK.

SO IT COMES FROM WEST CHAMBERSBURG WINES THROUGH THOSE NEIGHBORHOODS, THROUGH THOSE HOUSES, WE, THE OAKS THROUGH OUR PROPERTY AND KISSES THE EDGE OF THIS PROPERTY, LIKE DOWN BY MR. COLLIER'S HOUSE, RIGHT.

WHERE THAT RETENTION POND AND LIFT STATION IS GOING TO BE.

RIGHT.

I'M FAMILIAR WITH IT.

THANK YOU.

I APPRECIATE IT.

THANK YOU.

YES.

MA'AM

[02:30:01]

JUST TELL US YOUR NAME PLEASE.

KATHY DAVIS.

AND I'M NOT QUITE SURE IF I'M ABLE TO ASK THIS QUESTION, BUT I WAS WONDERING, YOU GUYS ASKED THE OTHER DEVELOPER, THE, THE, UM, THE, THE PRICE OF THE HOMES, AVERAGE PRICE OF THE HOME THAT HE'S, HE'S GONNA BE BUILDING.

AND THAT'S SOMETHING I THINK I'M INTERESTED IN KNOWING, BASED ON THE PRICE OF THE HOMES THAT ARE BEING BUILT NEXT TO US, IF IT'S GOING TO BE COMPARABLE OR LESS, OR, OR MORE SURE.

I THINK THAT'S A FAIR QUESTION.

DO WE HAVE A PRICE POINT ON THE, UM, SO FOR YOUR SINGLE FAMILY AND THE, AND THE, UH, THE ATTACHED TO, IF YOU DON'T MIND, SO THE SINGLE FAMILY HOMES, UM, UH, FOR ANY HOMES RIGHT NOW, IT'S HARD TO PREDICT WHERE PRICING IS.

SO I USUALLY GIVE A, UM, A RANGE, UM, AS EVIDENCED BY, UH, THE NEW HOMES, DR.

HORTON, THIS BUILDING AND SILVER OAKS, UM, WITH MANY OF THEM GO GOING OVER 400,000, THE HOMES HERE WOULD BE 350 TO 450,000 FOR THE SINGLE FAMILY.

UM, AND THE, UH, DETACHED, SINGLE FAMILY WOULD BE FROM THE HIGH TWO HUNDREDS TO, UH, THE HIGH THREE HUNDREDS.

OKAY.

OKAY.

THANK YOU.

APPRECIATE THAT.

YEAH, THE ATTACHED, YEAH.

ATTACHED HIGH TWOS TO HIGH THREES, SINGLE FAMILIES, THREE 50 TO FOUR 50, OBVIOUSLY, DEPENDING ON AMENITIES AND WHAT PEOPLE DECIDE TO RE YEAH, REAL QUICK.

ONE LAST CUT SQUARE FOOTAGE ON THE SQUARE FOOTAGE, ON THE SINGLE FAMILY AGAIN, AND THEN THE ATTACHED, IF YOU HAVE IT OFFHAND.

SO THE, THE, UM, UH, THE DETACHED SINGLE FAMILY, UH, WOULD BE RANGED FROM ABOUT, UH, THERE'S RANCH MODELS THAT ARE IN THE 1900, 18, 1900 SQUARE FEET, UH, TO TWO STORIES THAT GO UP TO 3,500 SQUARE FEET, 30 TO 33,500 SQUARE FEET.

I SAID, YEAH.

I SAID THE TWO STORY TWO THAT'S, TWO FLOORS DUPLEXES, THE ATTACHED TO HIM THAT WHAT'S THE, YEAH.

SO THE ATTACHED A RANGE FROM ABOUT 1400 TO 1800, AND I SAID THAT THE, UH, THE, THE RANCH MODELS HAVE A BASEMENT.

I DON'T COUNT THAT IN THE SQUARE FOOTAGE, BUT, UM, THEY HAVE AN OPTIONAL FINISHED BASEMENT.

THAT'S UM, ANOTHER EIGHT, 800,000 SQUARE FEET.

THAT'S FOR THE DATA.

THAT'S WHERE THEY, UH, THEY ATTACHED THE ATTACHED.

YES, MA'AM.

OKAY.

YOU OKAY.

SO BARRING ANY FURTHER COMMENTS, THE PUBLIC HEARING BY THE CITY COUNCIL FOR SENDING CASE C B D P 22 DASH 11.

IS YOUR BIKE CLIPS UH, YES.

IF YEAH, WE WILL.

UM, WE'LL TAKE A QUICK FIVE MINUTE RECESS.

SO AT EIGHT, FOUR, LET'S CALL IT EIGHT FORTY TWO WE'LL WE'LL WE'LL RE COME BACK.

YES, OKAY.

THANK YOU ALL FOR YOUR PATIENCE.

APPRECIATE, UM, YOU KNOW, WE'RE GOING TO HOURS AND 45 MINUTES STRONG HERE.

SO THANK YOU FOR BEARING WITH US.

[ A Public Hearing Scheduled For April 25, 2022 By The Huber Heights City Council For Zoning Case BDP 22-12. The Applicant Is Horizon Line Development. The Applicant Is Requesting Approval Of A Basic Development Plan And A Rezoning To Planned Mixed (PM) For Property Located At 7125 Executive Boulevard And Further Described As Parcel ID P70-03910-0005 On The Montgomery County Auditor's Map.]

UH, NEXT UP ON THE AGENDA IS ITEM 12.

I, TONY ITEM 12, I, A PUBLIC HEARING SCHEDULED FOR APRIL 25TH, 2022, BY THE RIGHTS CITY COUNCIL FOR ZONING CASE BDP TWO, TWO DASH ONE TWO.

THE APPLICANT IS A RYZEN LINE DEVELOPMENT.

THE APPLICANT IS REQUESTING APPROVAL, BASIC DEVELOPMENT PLAN, AND A REZONING TO PLAN MIXED PM FOR PROPERTY LOCATED AT 725 EXECUTIVE BOULEVARD FURTHER DESCRIBED AS PERSONAL IDP, 7 0 0 3 9 1 0 0 0 0 5 ON THE MONTGOMERY COUNTY AUDITOR'S MAP.

THANK YOU, TONY.

AND THE PUBLIC HEARING SCHEDULED FOR APRIL 25TH, 2022 BY THE HUMAN RIGHTS CITY COUNCIL PRESENTING CASE BDPA 22 DASH 12 IS NOW OPEN, AND I WOULD CALL ON CITY STAFF, UH, MR. SHAREL TO MAKE OUR INITIAL PRESENTATION.

OKAY.

SO FOR MY FINAL ACT OF THE EVENING, UH, THIS, UH, BD 22 DASH 12.

SO THE, UH, IT'S A 43 ACRE SITE CURRENTLY ZONED PLAN EMPLOYMENT PARK.

UH,

[02:35:01]

THE EXISTING LAND USES IS VACANT IT'S AGRICULTURE.

IT'S BEING FARMED AT THE MOMENT.

THE SURROUNDING ZONING IS AGRICULTURAL PLANNED, UM, MIXED USE R SEVEN AND PLANT EMPLOYMENT PARK.

THE APPLICANT IS PROPOSING 197 RESIDENTIAL TOWNHOUSE TOWNHOME UNIT, UH, DEVELOPMENT, UH, INCLUDING FIVE COMMERCIAL OUTLETS.

UH, THERE'S UH, THE DEVELOPMENT IS, UH, ABOUT JUST 46.6% OF IT IS OPEN SPACE.

UH, JUST UNDER HALF OF THE, UM, THE LAND IS DEDICATED TO RESIDENTIAL USE AND, UH, ALMOST 41% OF THE LAND IS DEDICATED TO A COMMERCIAL USE.

THIS IS THE, UH, THE SITE HERE.

THE ROSE IS LOCATED RIGHT HERE, UH, MEYER ACROSS THE, UH, THE STREET.

UM, AND THEN THE NEW RE THE RECENTLY CONSTRUCTED, UH, APARTMENT COMPLEX HERE.

THIS IS EXECUTIVE, UH, BOULEVARD.

SO THIS IS THE ENTIRE SITE.

UM, WE DID GET INTO A DISCUSSION AT THE LAST, UH, UM, AT THE LAST CASE ABOUT, UM, UH, STORMWATER MANAGEMENT.

UH, THE SITE BASICALLY FLOWS, UH, KIND OF, UH, WEST TO EAST.

SO THAT'LL COME UP IN THE DISCUSSION.

THIS IS THE, UH, THE CURRENT SITE PLAN, UH, AS I MENTIONED, 197 TOWNHOUSES, UM, THERE ARE FIVE COMMERCIAL OUTLETS, UH, THREE WET RETENTION BASINS, SO THAT THE SHOULD BE AN ATTRACTIVE, UM, DEVELOPMENT AS YOU COME IN OFF, UH, ONTO EXECUTIVE, UM, AS PART OF THE PUD REQUIREMENTS, THE MORE INTENSIVE AUTO ORIENTED USES.

SO GAS STATIONS DRIVE-THROUGHS, THAT TYPE OF THING WOULD BE LIMITED TO THE TWO MOST EASTERN COMMERCIAL LOTS.

THESE WOULD BE LESS AUTO ORIENTED, MORE RETAIL, UM, UH, YEAH, RETAIL RESTAURANT ENTERTAINMENT THAT I USE.

THERE ARE TWO MAIN ENTRANCES OFF OF EXECUTIVE BOULEVARD THAT, UH, THAT COME IN, UH, AND THEN GO THROUGH THE, THROUGH THE DEVELOPMENT.

THE PERIMETER OF THE DEVELOPMENT ALSO HAS, UH, AT LEAST THE RESIDENTIAL PORTION HAS WALKING TRAILS.

UM, THAT THE LINE, THE PERIMETER, THE APPLICANT IS ALSO AWARE, UM, THAT THE UPCOMING LEGISLATION THAT IS ALSO ON THIS WILL REQUIRE SIDEWALKS ALONG EXECUTIVE BOULEVARD.

AS THE COMMERCIAL LOTS ARE DEVELOPED, THERE'S MORE OF A DETAILED PLAN VIEW.

THIS IS THE WEST SIDE OF THE LOT.

THERE IS SIGNIFICANT LANDSCAPING AND BUFFERING PROPOSED ON THE WEST EDGE.

UM, UH, ALONG WITH BUFFERING THE RESIDENTIAL FROM THE COMMERCIAL ON THE, ON THE SOUTH, UH, TREELINE STREETS THROUGHOUT THE ENTIRE DEVELOPMENT.

UM, WE ARE SUGGESTING THAT THE DEVELOPER LEAVE, UH, THE, THE TREE LINE THAT IS ALONG THE NORTH PROPERTY LINE, WHICH I'LL GET INTO IN A SECOND.

UH, HERE IS THE EASTERN SIDE OF THE SITE AGAIN, UH, LANDSCAPING AND SCREENING, UH, BUFFERING ALONG THE SOUTHERN END AND SEPARATING THE COMMERCIAL USES FROM, FROM THE RESIDENTIAL.

THIS IS JUST THE DETAILED, UH, LANDSCAPE PLAN OF THE BOULEVARD ENTRANCE.

HERE.

THERE ARE, UH, TWO MONUMENT SIGNS THAT ARE PROPOSED.

UH, AND THEN THIS IS THE TYPICAL, UH, LOT SCREENING OF THE TOWNHOUSES.

UM, SO THEY ARE, THE APPLICANT IS, UM, PROPOSING EXTENSIVE, UH, LANDSCAPING, UH, AS PART OF THIS DEVELOPMENT, HERE ARE JUST EXAMPLES OF THE TOWNHOUSES THAT ARE BEING PROPOSED.

WE WENT THROUGH THESE AT THE WORK SESSION.

UM, THE DEVELOPER, UH, HAS SUBMITTED A SET OF COVENANTS AND RESTRICTIONS AS FAR TO THE PUD.

UM, THEY, THEY ARE DEVELOPMENT STANDARDS THAT ARE CONSISTENT WITH THE ZONING REGULATIONS.

UH, ONE OF THE ITEMS THAT WE, UM, UH, ADDED WAS THAT THE GARAGE OPENINGS WILL BE SET BACK 20 FEET FROM THE BACK OF THE SIDEWALK.

UH, WE WANTED TO MAKE SURE THAT THE, UH, TO THE, AT LEAST, UNLESS THEY HAVE VERY LARGE TRUCKS, UH, TO THE GREATEST EXTENT POSSIBLE THE SIDEWALKS WOULD STAY USABLE AND PASSABLE.

UH, AND THERE WOULD BE ROOM FOR A VEHICLE BETWEEN THE SIDEWALK AND THE, UM, THE GARAGE SPACE.

UH, AND AGAIN, I MENTIONED THE AUTO ORIENTED USES, UM, AS FAR AS SITE PLANNING GOES, UM, THE SITE IS A LONG, WELL TRAVELED THOROUGHFARE, UH, SURROUNDED BY RESIDENTIAL USES, UH, TO THE NORTH AND THE WEST COMMERCIAL USES TO THE SOUTH.

AND THEN THE METRO PARK TO THE EAST, UM, 46.6% OF THE SITE IS OPEN SPACE.

UM, MENTIONED THAT THE STORM WATER RETENTION PLANS, THEY ARE WET BASINS.

THEY WILL, THEY

[02:40:01]

WILL STAY FULL, THEY WILL LOOK ATTRACTIVE.

UM, THERE WAS ONE INDIVIDUAL WHO CAME TO THE MEETING FROM, UH, WHO LIVES HERE, UH, AND, UH, THE, THE CODE REQUIRES A, UM, A SIX FOOT LANDSCAPING MOUND, BASICALLY ALONG THIS NORTH, UM, UH, PROPERTY LINE STAFF DOESN'T FEEL THAT'S WARRANTED.

UH, WE THINK THAT IT'S BETTER TO, UH, MAINTAIN THIS EXISTING TREE LAWN OR THIS EXISTING TREE LINE THAT IS THERE.

ADDITIONALLY, UH, THIS GENTLEMEN SAID THAT THERE IS CONSISTENT FLOODING, UH, FROM THIS FIELD OR FROM THIS AGRICULTURAL FIELD TO HIS PROPERTY, PUTTING A, UH, SIX FOOT HIGH MOUND, WE THINK WILL EXASPERATE THAT ISSUE.

UH, AND SO WE ARE RECOMMENDING THAT, THAT, THAT NOT BE NECESSARY NOR DO WE THINK IT'S WARRANTED.

UM, YOU CAN SEE KINDA THE, THE WAY THAT THE SITE TRAVEL, AS YOU CAN SEE, THE WATER WOULD TRAVEL ALONG THIS AND BASICALLY DUMPS RIGHT BEHIND HIS BARN.

AND HE SAID HE WAS GETTING SOME SUBSIDENCE, UM, DUE TO THIS ABOUT A THIRD OF THIS SITE DRAINS NORTHERNLY.

NOW, WHEN THIS IS DEVELOPED, UH, A LOT OF THAT WILL BE ADDRESSED IN THE GRADING PLAN, BUT ADDING, UH, UH, WE THINK ADDING A SIX FOOT MOUND WILL CAUSE HIM MORE PROBLEMS THAN IT WILL SOLVE.

UM, AS FAR AS I MENTIONED, LANDSCAPING, THERE IS A SIGNIFICANT AMOUNT OF, UH, LANDSCAPING ALONG THE WEST PROPERTY LINE.

AGAIN, NO MOUNDING OR IS, OR FENCING IS PROPOSED OR REQUIRED, BUT THERE IS A QUITE A BIT OF EVERGREEN TREES.

THE COMMERCIAL LOTS WILL BE REVIEWED AT THE DETAILED DEVELOPMENT PLAN PHASE.

UM, BUT THE RESTRICTIVE COVENANTS INDICATE THAT THEY WILL COMPLY WITH, UH, WITH THE ZONING CODE.

THERE ARE STREET TREES THROUGHOUT THE DEVELOPMENT.

UM, THERE WILL BE STREET TREES THAT WILL BE REQUIRED AND SIDEWALKS REQUIRED ALONG THE EXECUTIVE BOULEVARD, BUT THOSE WILL BE BUILT OUT, UH, AS THOSE COMMERCIAL LOTS ARE DEVELOPED, UH, STAFF RECOMMENDED, UH, APPROVAL OF THE REZONING AND THE BASIC DEVELOPMENT PLAN PLANNING COMMISSION VOTED THREE TO ONE TO RECOMMEND APPROVAL OF THE ZONING AND BASIC DEVELOPMENT PLAN.

UH, THE, THE DISSENTING VOTE, UM, WAS REALLY TIED TO TRAFFIC ISSUES ALONG EXECUTIVE BOULEVARD AND, UM, CONCERNS ABOUT, UM, RIGHT TURN IN LEFT TURN LANES AND HOW THIS WOULD IMPACT, UH, TRAFFIC PATTERNS DURING, UH, DURING THE PHRASE, UM, CONCERTS DURING THE ROWS.

I EVEN WROTE IT DOWN DURING, UH, THE ROSE DEVELOPMENT.

YES.

EVEN WROTE THAT DOWN.

ARE THERE QUESTIONS OF ME, BUT GOOD AT YOUR JOB? WE'RE ALSO CONCERNED ABOUT TRAFFIC.

THAT IS NOT OKAY.

THANK YOU.

UH, NEXT I'D CALL ANYONE FROM HORIZON LINE DEVELOPMENT TO MAKE ANY COMMENTS OR ADD ANY ADDITIONAL INFORMATION, UH, TO COUNCIL TO THE PUBLIC.

UH, GOOD EVENING.

THANK YOU FOR STAYING SO LATE FOR THIS.

MY NAME IS ERIC ALLEN.

I'M WITH, UH, PRIDE ONE CONSTRUCTION, WHO IS A CONSTRUCTION ARM OF HORIZON LINE DEVELOPMENT.

MOSTLY HERE WITH MY ENGINEERING TEAM.

UM, I'M HERE WITH A MEMBER OF OUR, UM, UH, VERTICAL DESIGN STAFF.

UNFORTUNATELY, OUR FINANCE MANAGER COULD BE HERE TONIGHT.

HE'S ILL.

UH, IF THERE'S ANY QUESTIONS LIKE THAT, I KNOW BRIAN, HE SPOKEN TO YOU EARLIER, SO HOPE YOU CAN HELP ME THROUGH THAT IF I KIND OF GET OUT OF MY LANE.

SO, UM, WE'VE BEEN THROUGH PLANNING.

IT WENT PRETTY WELL.

IF YOU GUYS HAVE ANY QUESTIONS, MAYBE MY TEAM ARE HERE TO ANSWER WHATEVER QUESTIONS YOU HAVE, BUT THANK YOU.

APPRECIATE YOU BEING HERE, JERRY.

UH, ANY COMMENTS OR ANY ADDITIONAL INFORMATION ON THIS ONE? HEY, IF YOU DO YOU DO HERE, IS THAT NO ANYONE ELSE HERE, UH, OTHER THAN ANYONE FROM CITY COUNCIL WHO WISHES FROM THE CITY RIGHTS, WHO WISHES TO MAKE ANY COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION? IS THERE ANYONE PRESENT WHO WISHES TO SPEAK IN FAVOR OF THE APPROVAL OF THIS PARTICULAR? IS THAT IN CASE THIS EVENING? YEAH.

WELL, WE'LL GET THERE.

SORRY.

SERIOUSLY.

OKAY.

IS THERE ANYONE PRESENT WHO WISHES TO SPEAK AGAINST THE APPROVAL OF THE ISSUE? YES, MY NAME'S PATRICIA DIRE AND I LIVE UP IN THAT AREA AND WE GOT A LOT OF CONCERNS.

YOU KNOW, WE HAVE,

[02:45:01]

WE KNEW THAT IT WAS ZONED.

RETAIL ARE GOING TO BE RUNNING RETAIL BECAUSE OF THE ROWS AND ALL OF THIS STUFF.

WE DIDN'T KNOW HOW LONG THAT WOULD BE FOR ALL THAT WOULD HAPPEN, BUT 197 HOMES LIKE THIS, WHAT KIND OF PRICING ARE THEY TALKING ABOUT? AND THE TRAFFIC ON BRAND AFTER THEY BUILT THE PARK TOWN OR WHATEVER THAT THOSE APARTMENTS ARE CALLED IS, IS ABSOLUTELY RIDICULOUS.

THIS IS JUST GOING TO MAKE IT EVEN WORSE THAN WHERE WE'RE AT, PLUS THE WATER AND THE DRAINAGE AND ALL THE OTHER STUFF THAT'S SORT OF BEEN ADDRESSED, BUT KIND OF QUESTIONABLE ABOUT ALL OF THAT.

AND WHAT'S THAT GOING TO DO TO THE PROPERTY VALUES OF THOSE SINGLE FAMILY HOMES THAT ARE ALL BACKED UP TO THAT AREA? SO A LOT OF QUESTIONS.

WELL, AND WE'LL ASK THAT.

SO FROM A, I THINK THE CONSTRUCTION YOU WERE HERE, SO WHAT IS, WHAT IS THE PROPOSED PRICE POINT SQUARE FOOTAGES OF THE I'M SORRY, REAL QUICK.

WAS THAT ALL THE QUESTIONS THAT YOU HAD, OR DO YOU WANT TO CONTINUE? UM, AND YOU KNOW, HE SAID THE VERY FIRST THING WAS FILLING STATION IS ONE OF THE OUTLETS, BUT ACCORDING TO THE NEWSPAPER, THAT WAS ONE OF THE THINGS YOU COULDN'T BUILD IN THOSE OUTLINES, A FILLING STATION, NO FILLING STATIONS, SWEEPSTAKES, CAFES, CONVENIENCE STORES, SELF, UH, SELF STORAGE FACILITIES, OR CAR WASHES.

WE'RE ALL SUPPOSED TO BE PROHIBITED FOR THOSE OUTLETS.

OKAY.

SO IT WAS LIKE, YEAH, WE DON'T NEED ANY MORE AUTO STUFF TO WORK ON OUR PROPERTY VALUES.

THANK YOU.

WELL, THANK YOU.

APPRECIATE YOUR COMMENTS.

SO TO THE DEVELOPER OF THE CONSTRUCTION SIDE, WHAT IS THE SQUARE FOOTAGE? IS THE PRICE POINTS OF THE, OF THE, WHAT YOU'RE PROPOSING.

OKAY.

THEY ARE, UH, APARTMENT UNITS, THEY'RE ALL FOR RENTAL.

UM, WE HAVE TWO BASIC, UH, FLOOR PLANS, UH, THE SMALLER ONES AROUND 1250, THE LARGER ONES AROUND 1400.

UM, ON AVERAGE, UH, THE RENTAL WILL BE HARD FOR ME TO SAY 1700 A MONTH AND MAYBE A LITTLE MORE, MAYBE, UH, MAYBE A LITTLE LESS, BUT ON AVERAGE, 1700 A MONTH FOR EACH UNIT.

SO 1200 TO 1400 SQUARE FOOT.

THOSE ARE THE TWO MODELS.

AND THEY'LL, UH, THE LEASE RATE IS 1700 A MONTH, CORRECT.

OKAY.

OKAY.

I THINK THE OTHER QUESTION THAT SHE HAD WOULD BE THE ISSUE, UM, AARON BASED ON WHAT, WHAT THE RESTRICTIONS WITH THE ZONING RESTRICTIONS WOULD BE ON SOME OF THOSE OUTLETS, I'M GREG WITH HORIZON LAND DEVELOPMENT.

I'D LIKE TO ADD THAT 75% OF OUR TENANTS, WE'VE BUILT 12,000 OF THESE THEY'RE 55 AND OVER, AND OUR TYPICAL OCCUPANCY IS 1.1 0.2 PEOPLE PER UNIT.

SO WE, AND WE'RE PRIVATE, NO CITY SERVICES BESIDES FIRE AND WATER.

SO MAYBE THAT HELPS.

OKAY.

THANK YOU.

SO IN TERMS OF THE, MAYBE THE RESTRICTIONS ON THE, ON THE OUTLETS THERE.

SO WHEN I THINK ABOUT RIGHT THERE ON, UH, BRING IT THERE, WE HAVE A GAS STATION, UM, SOME THE GAS STATION AT MEYER, AND THERE'S ALSO A MEYER OR A MARATHON THERE ALSO.

SO THINK ABOUT ANOTHER GAS STATION.

I DON'T KNOW IF THAT DOES INCREASE REVENUE OR WE'RE JUST SPLITTING UP THE, IF THE GAS STATION WILL GO THERE TO SPLITTING UP THE AMOUNT OF PEOPLE TO ONE MORE PLACE THAT THEY'RE BUYING THEIR GAS, NOT INCREASING THE AMOUNT OF GAS USAGE, RIGHT.

SO I DON'T KNOW IF A, UH, IF, UM, USERS HAVE BEEN IDENTIFIED, BUT WHEN WE WERE WORKING WITH THE DEVELOPER, WE WANTED, UH, SOME OF THOSE HEAVY AUTO ORIENTED USES, UH, ELIMINATED IN THIS DEVELOPMENT.

THE DEVELOPER CAME BACK WITH A COMPROMISE OF ALLOWING THOSE, UH, MORE HEAVIER AUTO ORIENTED USES JUST ON THE EASTERN TWO LOTS THAT ARE UP AGAINST BRANDT PIKE.

WE THOUGHT THAT WAS A D A N OKAY.

COMPROMISE.

UM, AND THAT WAS WHAT IT WAS AGREED TO, BUT I'M NOT AWARE IF ANY, UH, USERS HAVE BEEN IDENTIFIED FOR THOSE COMMERCIAL OUTLETS YET.

IS THAT A RESTRICTION THAT WE BE MADE? I MEAN, WHEN I, WHEN I THINK ABOUT THIS AREA AND WHAT IT IS AND WHAT THE DESIRE FOR A LOT OF THE, THIS CITY HAS BEEN ASKING FOR, FOR SO LONG, WHEN I THINK ABOUT AUTO USES, ANYWHERE ON THAT SPACE, IT DOESN'T GIVE ME A WARM AND FUZZY.

I'M JUST, THAT'S JUST ME.

WELL, THAT WAS WHAT OUR ORIGINAL REASON FOR PEELING THEM OUT OF THE CODE WAS THAT THIS BE MORE OF AN ENTERTAINMENT FOCUSED AREA RATHER THAN ANOTHER DRIVE THROUGH ANOTHER GAS STATION AND OTHER, YOU KNOW, CARWASH, ET CETERA.

OKAY.

BUT IT IS RIGHT NEAR 70 BRAND HAS HEAVILY TRAVELED.

SO THERE, I MEAN, THERE ARE MARKET FORCES AT PLAY AS WELL.

ANYONE ELSE HERE WISHING TO SPEAK AGAINST THE STRAGGLERS

[02:50:01]

AND IN CASE, OKAY.

NEXT I WOULD CALL ANY MEMBERS OF THE HUMAN RIGHTS COUNCIL TO MAKE ANY COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION.

SORRY, I'M GOING TO CONTINUE MY FEET ON THIS.

UM, SO, UH, SO THIS IS A, UH, A DEVELOPMENT THAT, UH, UH, I IS GOING TO BE NO SHOCK TO A LOT OF THE FOLKS, UH, WITHIN, NEAR SHOT THAT I'M NOT GOING TO BE ABLE TO SUPPORT HERE TONIGHT.

UM, I REALLY WANTED THIS AREA TO BE MORE OF A BUSINESS ORIENTED, UH, JOBS, INCOME, UH, SOMETHING THAT WAS REALLY GOING TO BRING SOME, SOME VALUE, UH, TO THE COMMUNITY.

ADDITIONALLY, ONE OF THE THINGS WHEN THE GENERAL ASSEMBLY SEVERAL YEARS AGO PASSED, UH, THE OPPORTUNITY FOR THE CITY OF HUBER HEIGHTS TO HAVE AN ENTERTAINMENT DISTRICT.

UM, THIS WAS A KEY COMPONENT OF THIS AREA THAT I THOUGHT WOULD JOIN IN THAT ENTERTAINMENT DISTRICT.

I KNOW, UH, YOU KNOW, WE'RE GOING TO TALK, UH, AND HOPEFULLY SEE SOME ADDITIONAL PLANS ON, UH, YOU KNOW, A PROPOSAL FOR TRUCK PRO.

I THINK THAT THAT IS A STEP FORWARD IN THAT ENTERTAINMENT DISTRICT, BUT ADDING RENTAL UNITS AND THE HEART OF AN AREA THAT IS OWNED BY THE CITY.

UM, YOU KNOW, I, I, I THINK THAT, YOU KNOW, WE CAN DEFINITELY DO BETTER, UH, FOR, UH, FOR ALL OF OUR RESIDENTS AND OUR VISITORS INTO OUR COMMUNITY.

UM, YOU KNOW, PUTTING A PRIMARY RENTAL PROPERTY IN AS WAS STATED BY THE APPLICANT HERE TODAY, UM, WHERE A MAJORITY IS 55 AND OVER, UH, IN WHAT HAS BEEN DESIGNATED AS AN ENTERTAINMENT DISTRICT IN THIS COMMUNITY.

UM, I THINK CAN CAUSE SOME ISSUES, UM, ESPECIALLY NOT KNOWING WHAT THE COMMERCIAL COMPONENTS ARE, ARE ON THE OUTSKIRTS OF THAT AS WELL.

UM, WE HAVE, UM, YOU KNOW, I ALSO HAVE THE SAME TRAFFIC CONCERNS, UH, WITH THIS DEVELOPMENT, UH, AS SOME OF THE OTHERS.

UM, I THINK WE NEED TO HAVE LESS CURB CUTS.

UM, THERE, UM, WE HAVE THE, THE ONE LARGE CURB CUT OF THE BOULEVARD ACROSS FROM MEYERS.

I THINK, YOU KNOW, PERSONALLY THE ONE, UH, AT THE TOP THERE, UM, UH, NEAR BRANDT, I THINK THAT ONE NEEDS TO BE ELIMINATED.

I CAN SEE A LOT OF CONGESTION, UH, FOLKS TRYING TO ILLEGALLY, UM, OR ILLEGALLY TURN LEFT IN THEIR, GOING OUT OF, UM, YOU KNOW, THE ROWS, UH, TO STOP AT WHATEVER FAST FOOD JOINT OR GAS STATION THAT, UH, YOU KNOW, IT GETS PUT IN THERE.

UM, I CAN SEE A LOT OF CONGESTION THERE.

UM, AND THAT'S A, THAT'S NOT SOMETHING WHAT I'M LOOKING TO HAVE DONE IN A VERY HIGHLY, UM, POPULATED AREA.

UM, ADDITIONALLY, YOU KNOW, WERE IN MY OPINION, KIND OF CUTTING OURSELVES OFF WHEN WE'RE USING AN ENTIRE PARCEL, UM, UH, FOR, UH, FOR WATER, UH, RETAINMENT.

UM, I THINK, UH, I THINK THE POLICY, UM, YOU KNOW, CAN DEFINITELY BE SET BY THIS COUNCIL OF WHAT WE CAN PUT IN THERE.

UH, AND, UH, WITH ENGINEERING CAN, UH, MAKE THAT PARCEL A USABLE PARCEL, UM, THAT IT CAN BENEFIT OUR COMMUNITY, UH, AND NOT JUST HOLD WATER.

UM, SO I'M GOING TO LEAVE MY RESPECTFUL COMMENTS AT THAT.

UH, AS I KNOW, THIS IS THE ONLY DOWN COMMENT I'VE HAD FOR THE DIET.

THANK YOU.

THANKS, RICHARD.

APPRECIATE THE COMMENTS.

ANYONE ELSE FROM COUNCIL HAVE ANY COMMENTS YOU'D LIKE TO MAKE? OKAY.

ONE LAST TIME IS ANYONE HERE WHO'S PRESENT WHO WISHES TO SPEAK IN FAVOR OF, OR AGAINST THE APPROVAL OF THIS ZONING CASE? HEY, BARRING ANY FURTHER COMMENTS, THE PUBLIC HEARING BY THE CITY COUNCIL FOR ZONING CASE BDP 22 DASH 12 THIS YEAR BY CLOSED.

OKAY.

[ A Public Hearing Scheduled For April 25, 2022 By The Huber Heights City Council For Zoning Case ORD 22-16. The Applicant Is The City Of Huber Heights. The Applicant Is Requesting Approval Of Proposed Changes To Sidewalks Requirements.]

NEXT UP IS ITEM 12, J ITEM 12, J A PUBLIC HEARING SCHEDULED FOR APRIL 25TH, 2022 BY THE HUMAN RIGHTS CITY COUNCIL FOR ZONING CASE O R D TWO TWO DASH ONE SIX.

THE APPLICANT IS THE CITY OF HUBER HEIGHTS.

THE APPLICANT IS REQUESTING APPROVAL OF PROPOSED CHANGES TO SIDEWALKS REQUIREMENTS.

OKAY.

AND THE PUBLIC HEARING SCHEDULED FOR APRIL 25TH, 2022 BY THE HEBREW HEIGHTS CITY COUNCIL PRESENT IN CASE O R D 22 DASH 16 IS NOW OPEN.

AND I WOULD CALL AND SAY STAFF TO MAKE THEIR INITIAL PRESENTATION.

UH, RYAN, SIR, UH, THIS, UM, PROPOSED ORDINANCE CHANGE HAS BROUGHT FORTH AT THE REQUEST OF CITY COUNCIL AND HAS BEEN REVIEWED BY THE PLANNING COMMISSION.

UH, THIS PARTICULAR MEASURE IS TO CLARIFY THE CITY'S EXPECTATION WITH RESPECT TO THE INSTALLATION OF PUBLIC SIDEWALKS AND SUBDIVISIONS THROUGHOUT THE CITY TO ALLEVIATE SOME OF THE CONCERNS THAT WE'VE RECENTLY SEEN WITH SOME PROJECTS FROM A FEW YEARS BACK, UH, WITH THAT BEING SAID, UH, THIS MATTER CAME FROM THE PLANNING COMMISSION ON A UNIT AND MR. RECORD AND IS BEING REQUESTED AND IT IS BEING REQUESTED THAT COUNCIL ADOPT THIS MATTER LATER.

THANK YOU, SIR.

UH, I WOULD ASK THEM ANY OTHER REPRESENTATIVES, NOT ON CITY COUNCIL HERE TO MAKE ANY COMMENTS OR IF I NEED ADDITIONAL INFORMATION.

[02:55:01]

OKAY.

JERRY, I'M ALL FOR IT.

THIS ONE.

OKAY.

LET'S IS THAT LESS HEADACHES FOR YOU IN THE FUTURE? OKAY.

ANY OTHER REPRESENTATIVE OF THE, SEE IF HE WRITES A WISH TO MAKE ANY COMMENTS TO PROVIDE ANY ADDITIONAL INFORMATION? IS THERE ANYONE PRESENT WHO WISHES TO SPEAK IN FAVOR OF THE APPROVAL OF THIS PARTICULAR ISSUE? I THINK I KNOW THE WALLS HERE NOW.

SO IS THERE ANYONE PRESENT WHO WISHES TO SPEAK AGAINST THE APPROVAL OF THIS ISSUE? ANYONE FROM CITY COUNCIL WISH TO MAKE ANY COMMENTS OR PROVIDE ANY ADDITIONAL INFORMATION? ANYTHING? YES, I AM SO HAPPY TO SEE THIS ON THE AGENDA.

UM, WE REALLY NEEDED, SO WE CAN MAKE OUR CITY MORE CONNECTED AND ALLOW PEOPLE TO MOVE MORE FREELY, UM, ALONG OUR, OUR STATE STREETS.

SO I HOPE, UH, I HOPE WE APPROVE IT TONIGHT.

OKAY.

THANK YOU NOW, ALSO ON COUNCIL, ANY OTHER COMMENTS? OKAY.

ONE LAST TIME.

IS THERE ANYONE PRESENT WHO WISHES TO SPEAK IN FAVOR OF, OR AGAINST THE APPROVAL OF THIS ISSUE? TEDDY BARRING FURTHER COMMENTS, PUBLIC HEARING BY THE CITY COUNCIL FOR ZONING CASE OR D 22 DASH 16, MR. BY CLIPS.

AND NEXT

[ An Ordinance To Approve A Major Change To The Basic And Detailed Development Plan For The Property Located At 5840 Old Troy Pike And Further Identified As Parcel Number P70-01923-0004 On The Montgomery County Auditor’s Map And Rejecting The Recommendation Of The Planning Commission (Zoning Case 21-45). (first reading)]

UP UNDER ADMINISTRATION WOULD BE ITEM 12, K ITEM 12, K AN ORDINANCE TO APPROVE A MAJOR CHANGE TO THE BASIC AND DETAILED DEVELOPMENT PLAN OF THE PROPERTY LOCATED AT 5 8, 4 0 OLD TROY PIKE, AND FURTHER IDENTIFIED AS PARCEL NUMBER P SEVEN ZERO DASH 0 1 9 2 3 DASH 0 0 0 4 ON THE MONTGOMERY COUNTY AUDITOR'S MAT AND REJECTING THE RECOMMENDATION OF THE PLANNING COMMISSION ZONING CASE TWO ONE DASH FOUR FIVE.

AT THE FIRST READING BRIAN, I WOULD CALL ON YOU FOR ANY ADDITIONAL COMMENTS, UH, JUST TO, UM, JUST TO NOTE THAT THE PUBLIC HEARING FOR THIS WAS EARLIER THIS EVENING, AND IT WAS THE STAFF'S RECOMMENDATION THAT THE COUNCIL ADOPT THE FIRST READING AND MOVE TO A SECOND.

OKAY.

AND THAT WAS THE RECLAMATION OF THE WORK SESSION WAS TO PASS THIS ITEM ON TO A SECOND READING.

ARE THERE ANY OBJECTIONS? OKAY, SO WE WILL SEE THIS PARTICULAR ITEM AT THE NEXT CITY COUNCIL MEETING FOR IT'S THE SECOND READING.

[ An Ordinance To Approve A Basic Development Plan For The Property Located On Brandt Pike North Of The Reserves At The Fairways And Further Identified As Parcel Number P70-03910-0057 On The Montgomery County Auditor’s Map And Accepting The Recommendation Of The Planning Commission (Zoning Case BDP 22-07). (first reading)]

AND NEXT UP WE HAVE ITEM 12 L ITEM 12, AL AN ORDINANCE TO APPROVE A BASIC DEVELOPMENT PLAN FOR THE PROPERTY LOCATED ON BRAND PIKE, NORTH OF THE RESERVES THAT THE FAIRWAYS AND FURTHER IDENTIFIED AS PERSONAL NUMBER P SEVEN ZERO DASH 0 3 9 1 0 DASH 0 0 5 7 ON THE MONTGOMERY COUNTY AUDITORS MAP AND ACCEPTING THE RECOMMENDATION OF THE PLANNING COMMISSION ZONING CASE BDP TWO, TWO DASH ZERO SEVEN AT THE FIRST READING BRIAN ADDITIONAL COMMENTS.

UH, AGAIN, THIS MATTER WAS BEFORE COUNCIL DENIED FOR THE PUBLIC HEARING, AND IT WAS THE STAFF RECOMMENDATION THAT THIS ITEM BE MOVED ON TO A SECOND READING.

OKAY.

I'M AT THE RECOMMENDATION EITHER WAY.

THIS IS, DID WE CHANGE IT? WE HAVE WAVING THE SECOND READING AND ADOPTING THE SEAT.

I'M SORRY, SIR.

THAT IS CORRECT.

THAT IS THE CORRECT RECOMMENDATION.

MY APOLOGIES.

OKAY.

OKAY.

THAT WAS THE WORK SESSION RECOMMENDATION.

IS THERE A MOTION TO WAIVE THE SECOND READING MICHIGAN MOTION TO WAIVE OR SECOND, MS. BERG.

SECOND, I HAVE A MOTION AND A SECOND.

IS THERE ANY DISCUSSION ON THE MOTION TO WAIVE? OKAY.

MR. ROGERS CALDWELL PLEASE.

MR. LIONS.

NO, MRS. KITCHEN.

NO.

MR. WEBB.

YES.

MR. SHAW.

NO.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

MRS. BURJ.

YES.

MR. OTTO, NO FIVE, THREE.

OKAY.

MOTION TO WAIVE FAILS.

SO IT AUTOMATICALLY GOES TO THE SECOND READING.

OKAY.

SO NEXT WE WILL

[ An Ordinance To Approve A Basic Development Plan And Rezoning To Planned Commercial (PC) For A 35 Acre Parcel Of Property Located On The East Side Of The Intersection Of State Route 235 And Center Point 70 Boulevard And Further Identified As Parcel Numbers P70-03903-0079 And P70-03903-0005 On The Montgomery County Auditor’s Map And Accepting The Recommendation Of The Planning Commission (Zoning Case BDP 22-08). (first reading)]

GO TO ITEM 12, EMMA ITEM 12:00 AM AN ORDINANCE TO APPROVE A BASIC DEVELOPMENT PLAN AND REZONING TO PLAY IN COMMERCIAL PC FOR A 35 ACRE PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF THE INTERSECTION OF STATE, ROUTE 2 35 AND CENTER POINT 70 BOULEVARD, FURTHER IDENTIFIED AS PARCEL NUMBERS, P SEVEN ZERO DASH 0 3 9 0 3 DASH 0 0 7 9 AND PS SEVEN ZERO DASH 0 3 9 0 3 DASH 0 0 0 5 ON THE MONTGOMERY COUNTY AUDITOR'S MAP AND ACCEPTING THE RECOMMENDATION OF THE PLANNING COMMISSION ZONING CASE BDP TWO, TWO DASH ZERO EIGHT AT THE FIRST RATE.

AND I CALL HIM BRIAN, UH, FOR COMPANY.

THANK YOU, SIR.

AGAIN, COUNCIL HOLD HELD A PUBLIC HEARING ON THIS MATTER, UH, EARLIER THIS EVENING AND IT WAS THE STAFF RECOMMENDATION OR ASSUMING WAS THE WORK SESSION RECOMMENDATION TO WAIVE THE SECOND READING AND ADOPT THIS.

THANK YOU, BRIAN.

IS THERE A MOTION TO WAIVE

[03:00:02]

MR. CAMPBELL PUSHING AWAY? IS THERE A SECOND? OKAY.

SECOND EMOTION AND A SECOND DELAY.

THE SECOND READING.

ANY DISCUSSION TONY? MR. REB.

YES.

MR. SHAW.

YES.

THIS BAKER.

YES.

MR. CAMPBELL.

YES.

MRS. BERGE.

MR. OTTO.

YES.

MR. LYONS.

NO, THIS IS KITCHEN.

NOPE.

AND MOTION.

THE WAVE PASSES SIX TO TWO NEXT TO THE MOTION FOR ADOPTION.

MR. CAMPBELL MOTION TO ADOPT.

CERTAINLY THIS IS THE ONE WITH THE WAIVER.

NO, I THOUGHT THIS HAD ALREADY, SINCE THE ONE WITH THE WAIVER, THIS IS THE VARIANTS.

YES.

OR THE VARIANTS IN IT? UH, WELL, YEAH, THE ADDITIONAL 20, THE ADDITIONAL 20.

SO WE NEED TO AMEND, UH, WELL, YEAH, SO WE HAVE A MOTION TO WAVE AND NOW WE WOULD NEED A MOTION TO AMEND, TO ALLOW THE VARIANTS FOR AN ADDITIONAL 20 AND WOULD JUST BE A CONDITION.

SO WE DON'T NEED TO AMEND THE LEGISLATION.

RICHARD JUST WANTS TO ADD THAT AS A CONDITION.

IT DOES NEED TO BE ATLANTA THOUGH.

IT DOESN'T MATTER.

WE DON'T HAVE TO HANDLE THE WORD.

I THINK WHEN YOU ARE, UM, ADDING, NOT AMENDING THE ORDINANCE, BUT ADDING THE CONDITION, THE CONDITION, I THINK THE CONDITIONS ARE USUALLY SMELLED OUT IN THE ORDER.

OKAY, MARK.

OKAY.

SECOND, THE MOTION TO AMEND ANY DISCUSSION ON THE MOTION TO AMEND.

COULD WE GET A CLEAR STATEMENT OF THE AMENDMENT THAT'S BEING PROPOSED? THE CONDITION? I THINK THE CONDITION IS TO ADD A VARIANCE FOR UP TO AN ADDITIONAL 20 PARKING SPACES, 30 TOTAL THE SPACE.

OKAY.

SO AT THE RECOMMENDATION OF OUR PLANNING DIRECTOR, MR. A TOTAL OF 30 IN MY PARKING SPACES, ANY OF THE DISCUSSION.

OKAY.

WE HAVE A MOTION AND A SECOND TIME, MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

MRS. BERGE.

YES.

MR. OTTO.

YES.

MR. LYONS.

NO, MRS. KITCHEN.

YES.

MR. WEB.

YES.

AND THE MOTION CARRIES SEVEN TO ONE.

AND NEXT UP WE HAVE ITEM 12.

OH, SALE ADOPTION.

THAT WAS THE AMENDMENT OR THE, OR THE CONDITION? NANCY, RICHARD SECOND, A MOTION AND A SECOND.

ANY DISCUSSION ON THE ADOPTION? OKAY.

TONY MS. BAKER.

YES.

MR. CAMPBELL.

YES.

MRS. BURR'S MR. OTTO.

YES.

MR. LYONS.

NO, THIS WAS KITCHEN.

YES.

MR. WEBB.

YES.

MR. SHAW.

YES.

AND THAT MOTION ALSO CARRIES SEVEN TO ONE.

THE NEXT UP WE HAVE ITEM 12.

OH, ITEM 12.

OH, AN ORDINANCE TO APPROVE A BASIC DEVELOPMENT PLAN AND RESIGNING TO PLAN NEXT YEAR.

YEAH, HIM, WE DID EM.

SO NOW WE'RE

[ An Ordinance To Approve A Combined Basic And Detailed Development Plan And Rezoning To Planned Residential (PR) For 22.968 Acres 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 CBDP 22-11). (first reading)]

12 IN ITEM 12 IN THREE HOURS AND 15 MINUTES.

I APOLOGIZE.

AND ORDINANCE TO APPROVE THE COMBINED BASIC AND DETAILED DEVELOPMENT PLAN AND RESOUNDING TO PLAN A RESIDENTIAL PR FOR TWO TO 22.9, SIX, EIGHT ACRES FOR THE PROPERTY LOCATED ON THE EAST SIDE OF BELL FOUNTAIN 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 MONTGOMERY COUNTY AUDITOR'S MAP ACCEPTING THE RECOMMENDATION OF THE PLANNING COMMISSION AND ZONING CASE C B D P TWO TWO DASH ONE ONE AT THE FIRST READING RIGHT COMMENTS, UH, JUST, UH, THAT, UH, COUNCIL HELD A PUBLIC HEARING ON THIS MATTER EARLIER IN THE EVENING.

AND IT WAS THE WORK SESSION RECOMMENDATION TO PASS THIS ITEM TO A SECOND READING.

OKAY.

SO THAT WAS THE RECOMMENDATION BY THE, UM, BY THE WORK SESSION TO PASS ON TO A SECOND READING QUESTION ON THIS ONE, SINCE THIS IS THE, UH, THE PROPERTY THERE ON BELL FOUNTAIN, WE HAD DISCUSSED, UH, SPLITTING THIS UP.

WOULD THIS BE THE, FROM A BASIC PLAN AND THE DETAILED PLAN, WOULD THIS BE AN APPROPRIATE TIME TO DETERMINE THIS ARE AT THE, AT THE SECOND READING ON WHERE TO DO THAT? BECAUSE THAT WAS A DISCUSSION AND THE APPLICANT WAS ME AND BOLDER SPLITTING

[03:05:01]

THAT UP SO WE COULD GET MORE DETAILED BACK, UH, IN, IN A DETAILED PLANS FOR ANYONE WHO WASN'T COMFORTABLE WITH DOING THESE BOTH TOGETHER.

SO WHEN WOULD BE THE PROCEDURALLY RIGHT TIME JUST TO SPLIT THIS UP FROM A BASIC PLAN TO INSTEAD OF A BASIC AND DETAILED TO COMBINED THE CLEANEST WAY WOULD BE TO PASS IT TO A SECOND READING, ALLOWS STAFF TO DRAFT A, UH, AMENDED ORDINANCE.

UM, BUT IF YOU DIDN'T WANT TO ALLOW THAT TIME LAPSE, THEN IT WOULD HAVE TO BE WAIVED TONIGHT.

AND THEN AMANDA ON THE FLY, WHICH MIGHT BE A LITTLE DIFFICULT DUE TO THE CIRCUMSTANCES OF THE LEGISLATURE.

NOPE.

SO I THINK IN THE RECOMMENDATION WAS A PASTOR SECOND READING ANYWAY.

SO I THINK, I MEAN, I JUST WANT TO CLARIFY HOW PROCEDURALLY, HOW WE WOULD, HOW WE WOULD DO THAT.

YES, SIR.

STAFF WOULD BRING BACK, UM, IN THE PACKET, UH, AN AMENDED, UH, ORDINANCE FOR THE NEXT MEETING AND THEN IT COULD BE A MINUTE AT THE SECOND READING.

OKAY.

ANY OBJECTION TO PASS THIS ON TO A SECOND READING RICHARD? I HAVE NO OBJECTIONS, BUT I WOULD LIKE TO REQUEST THIS ITEM, BE A POLICE ON OUR NEXT WORK SESSION TO ALLOW FOR THE DISCUSSION AND THE ANSWERS TO SOME OF THE CONCERNS.

OKAY.

DISAGREE.

[ An Ordinance To Approve A Basic Development Plan And Rezoning To Planned Mixed Use (PM) For The Property Located At 7125 Executive Boulevard And Further Identified As Parcel Number P70-03910-0005 On The Montgomery County Auditor’s Map And Accepting The Recommendation Of The Planning Commission (Zoning Case BDP 22-12). (first reading)]

NEXT IS ITEM 12.

OH, RIGHT, CORRECT.

YEAH.

SO ITEM 12, MOE MOVED TO THE SECOND READING.

YES.

AND FURTHER DISCUSSION FOR THE RECORD AT THE NEXT WORK SESSION.

NEXT IS I'M 12 OUT AND I'M 12.0 IN ORDINANCE TO APPROVE A BASIC DEVELOPMENT PLAN AND REZONING TO PLAN MIXED USE PM FOR THE PROPERTY LOCATED AT 7 1 2 5 EXECUTIVE BOULEVARD FURTHER IDENTIFIED AS PERSONAL NUMBER P SEVEN ZERO DASH 0 3 9 1 0 DASH 0 0 0 5 ON THE MONTGOMERY COUNTY AUDITOR'S MAP ACCEPTING THE RECOMMENDATION OF THE PLANNING COMMISSION AND ZONING CASE.

BDP TWO, TWO DASH ONE TWO AT THE FIRST READING AND BRIAN COMMENTS AGAIN, SIR, COUNCIL HELD A PUBLIC HEARING ON THIS MATTER AS WAS REQUIRED, AND IT WAS THE, UH, WORK SESSION RECOMMENDATION TO PASS THE SIGN UP TO A SECOND READING.

OKAY.

WORK SESSION RECOMMENDATION WAS TO MOVE THIS ON TO A SECOND READING.

ARE THERE ANY OBJECTIONS TO THAT? SEE, NONE.

WE WILL MOVE THIS ON TO THE SECOND READING.

NEXT

[ An Ordinance Amending Part Eleven – Planning And Zoning Code, Title One – Subdivision Regulations; Chapter 1109 – Subdivision Design Standards; Section 1109.15 – Sidewalks; 1109.08 – Official Thoroughfare Design Standards; And Table 4 Of The Codified Ordinances Of The City Of Huber Heights (Zoning Case ORD 22-16). (first reading)]

IS ITEM 12 P I END UP 12 P AT AN ORDINANCE AMENDING PART 11 PLANNING AND ZONING CODE TITLE ONE SUBDIVISION REGULATIONS, CHAPTER 1, 1 0 9, SUBDIVISION DESIGN STANDARDS, SECTION 1, 1 0 9 0.15 SIDEWALKS SECTION 1, 1 0 9 0.08 OFFICIAL THOROUGHFARE DESIGN STANDARDS AND TABLE FOR THE CODIFIED ORDINANCES OF THE CITY OF YOUR BRIDES AND ZONING CASE.

O R D TWO TWO DASH ONE SIX AT THE FIRST STREET.

BRIGHTON COMMENTS.

UH, AGAIN, SIR, UH, PUBLIC HEARING ON THIS ITEM TONIGHT BY COUNSEL AND IT WAS THE WORK SESSION RECOMMENDATION THAT DESIGNED TO BE PASSED WITH SECOND READING.

OKAY.

THAT WAS THE RECOMMENDATION OF THE WORK SESSION.

ARE THERE ANY OBJECTIONS AT THE MAYOR? UM, SEEING AS HOW WE HAD THE HEARING AND THERE'S NO OBJECTIONS, UM, I'M FINE WITH WAVING THE SECOND READING AND VOTING ON THIS TONIGHT.

SO THAT IS EMOTION.

OKAY.

IS THERE A SECOND? NANCY? WE HAVE A MOTION AND A SECOND.

IS THERE ANY DISCUSSION TONY MR. CAMPBELL? YES.

MRS. BURJ.

YES.

MR. OTTO.

YES.

MR. LYONS.

YES.

THIS IS KITCHEN.

NO, MR. WEB.

NO.

MR. SHAW.

YES.

MS. BAKER.

YES.

MOTION CARRIES SIX TO TWO.

NEXT UP IS I AM 1209 MOTION TO ADOPT.

THAT WAS THE, UH, IT WAS THE WAVING.

YES.

UH, IS THERE A MOTION TO ADOPT NANCY MARK? SECOND MOTION.

AND A SECOND.

ANY DISCUSSION? TONY MRS. BERG.

MR. OTTO.

YES.

MR. LYONS.

YES.

MRS. KITCHEN.

YES.

MR. WEBB.

YES.

MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

MOTION CARRIES EIGHT TO ZERO.

AND

[ A Resolution Establishing And/Or Amending The City Of Huber Heights Organizational Chart And Authorizing The New Personnel Staffing Levels As Detailed Below. (first reading)]

NEXT IS ITEM 12.

CUTE, CORRECT? YES.

I AM 12 Q A RESOLUTION ESTABLISHING AND AUGMENTING THE CITY OF HUBER HEIGHTS, ORGANIZATIONAL CHART, AND AUTHORIZING THE NEW PERSONNEL STAFFING LEVELS AS DETAILED BELOW AT THE FIRST READING, I CALL HIM THERE AND SEE MANAGER.

BRIAN FOR COMMENTS.

UH, YES, SIR.

PURSUANT TO CITY COUNCIL'S DISCUSSION AT THE LAST WORK SESSION, UH, WITH RESPECT TO, TO FIRE STAFFING, THIS RESOLUTION IS BROUGHT

[03:10:01]

FORWARD AND IT WAS THE WORK SESSION RECOMMENDATION TO ADOPT THIS EVENING.

OKAY.

NOW WAS THE RECOMMENDATION OF THE WORK SESSION? IS THERE A MOTION MARK? WE ARE, UH, I HAVE A QUESTION FOR BRIAN.

IF I MAY PLEASE I'VE TALKED TO SEVERAL OF MY COLLEAGUES IN THE LAST WEEK IN REGARDS TO SOME OF THE COMMENTS THAT WERE MADE BY THE FIRE CHIEF AND THEN BY YOURSELF.

OKAY.

AND ONE ITEM I'D LIKE TO HAVE CLARIFICATION WAS THE COMMENT OF FIREFIGHTER EMS FATIGUE.

OKAY.

COULD YOU SPEAK TO THAT? BECAUSE THAT WAS QUITE ALARMING TO ME.

AND IT'S THE STATEMENT THAT CAUSED ME, I THINK, TO WORK WITH, UH, COUNCILMAN SHAWL TO GET THIS ON THE AGENDA TONIGHT.

SURE.

UM, SO THE, THE FATIGUE, UM, THERE THERE'S NO, I GUESS THERE'S, THERE WAS NO GOOD WAY TO DESCRIBE IT AND PERHAPS WHAT WE DESCRIBED IT IN A POOR WAY, BUT WHEN WE WERE REFERRING TO FATIGUE, UH, WHAT WE WERE TALKING ABOUT WAS, UM, TWO TYPES.

UH, SO FIRST IS, UM, THE NUMBER OF CALLS THAT A FIREFIGHTER TAKES IN A SHIFT.

SO, UM, IF YOU WERE TO RECALL THE SLIDES THAT, UH, THE FIRE CHIEF PRESENTED, YOU COULD SEE THAT THE NUMBER OF CALLS THAT A FIREFIGHTER MIGHT TAKE PER SHIFT OR OVER THE DURATION OF A YEAR FOR OUR STAFF WAS HIGH.

AND SO, UM, WHEN WE WERE TALKING ABOUT FIREFIGHTER FATIGUE, ONE OF THOSE THINGS WOULD BE, I WENT ON A CALL.

I CAME BACK TO THE STATION.

I WAS ONLY IN THE STATION FOR HALF AN HOUR OR AN HOUR.

AND THEN I HAVE ANOTHER CALL AND OFF I GO, AND THAT MIGHT REPEAT ITSELF SEVERAL TIMES ON A SHIFT FOR SOME PERSON.

AND SO THERE'S NO EXTENDED PERIOD OF REST, OR SOMETIMES THERE ARE LIMITED PERIODS OF REST AT THE FIREHOUSE BECAUSE, UH, THE NUMBER OF CALLS THAT ARE FIELDED BY THE NUMBER OF STAFF ARE HIGHER THAN MAYBE OTHER DEPARTMENTS.

UH, SO IT WASN'T AN ISSUE OF PHYSICAL FATIGUE, UM, AND THAT OUR FIREFIGHTERS ARE TIRED OR THAT, UM, YOU KNOW, BECAUSE OF, UM, A LACK OF ENERGY, THEY ARE UNABLE TO PERFORM THEIR JOB AND PERFORM IT IN A WAY THAT MEETS OUR EXPECTATION.

IT'S KIND OF ONE OF THOSE THINGS, YOU KNOW, WE ALL HAVE THOSE DAYS MANKATO, DARN IT.

I JUST WISH I COULD CATCH A BREAK AND SIT DOWN AND CATCH MY BREATH FOR A MINUTE OR TWO.

UH, THAT'S ONE COMPONENT, UM, OF WHAT WE WERE REFERRING TO WAS FIREFIGHTER FATIGUE.

UH, THE OTHER COMPONENT YOU HEARD, THE CHIEF MENTIONED IT AND HE MENTIONED IT VERY BRIEFLY, UH, WAS COMPASSION, FATIGUE.

AND, UH, THIS HAPPENS WHEN, UH, FIREFIGHTERS, UH, RESPONDS TO LET'S CALL IT SERIOUS, UH, OR SIGNIFICANT CALLS, UH, IN SUBSEQUENT.

SO MAYBE THEY'RE AT A CAR ACCIDENT AND MAYBE THEY'RE, UH, THAN AT A CARDIAC INCIDENT OF SOME KIND.

UM, AND THEN THEY'RE BACK AT A CAR ACCIDENT.

AND THEN, UM, NOT HAVING HAD A CHANCE TO BE BACK AT THE STATION TO KIND OF RECHARGE THEIR BATTERIES FOR, UH, FOR A PERIOD OF TIME, PERHAPS THEY'RE ARE CALLED TO, UM, YOU KNOW, MISS BETTY JO SMITH AND, AND SHE FELL WHEN SHE SPRAINED HER ANKLE.

UM, AND SO PERHAPS THE COMPASSION OF CARE, UH, THAT MIGHT GO TO, UH, TO THAT CITIZEN JUST BASED ON THE NATURE OF THE CALLS THAT OUR STAFF ARE RESPONDING TO, UM, CAN SOMETIMES HAVE AN EFFECT ON THE COMPASSION OF CARE, UH, THAT, UH, OUR STAFF WOULD PROVIDE.

SO OUR ISSUES OF CONCERN AREN'T RELATED TO THE QUALITY OF WORK THAT'S BEING DONE, UH, THEY'RE MORE RELATED TO ENSURING THAT OUR STAFF HAVE THE APPROPRIATE TIME.

THEY NEED TO STAY FOCUSED AND CONCENTRATED ON THEIR WORK, AS WELL AS MAKING SURE THAT THEY'RE ABLE TO PROVIDE THE COMPASSION OF CARE THAT OUR CITIZENS DESERVE.

UH, AND THAT WAS WHAT WE WERE TRYING TO ENCOMPASS IN THAT TERMINOLOGY.

UM, WE RECOGNIZE THAT WHILE WE CAN CONTINUE TO DELIVER THE LEVEL OF CARE THAT OUR COMMUNITY HAS COME TO EXPECT, UH, BASED ON THE CURRENT STAFFING THAT WE HAVE, UH, IF WE CAN LOOK AT THE DATA AND SEE TRENDS DEVELOPING THAT MIGHT IMPACT THAT NOW WOULD BE THE TIME TO BE ABLE TO RESPOND TO THAT AND PREPARE TO MAKE THE APPROPRIATE CHANGES IN THE FUTURE TO AVOID, UH, THAT DECREASE IN SERVICE EXPECTATION.

SO THAT WAS, UH, THE NATURE OF WHAT THAT WAS MEANT TO ENTAIL.

AND UNFORTUNATELY, I DON'T THINK WE DID A VERY GOOD JOB OF DESCRIBING IT DURING THAT PARTICULAR PRESENTATION.

AND AFTER THAT STATEMENT WAS MADE, DO I UNDERSTAND THAT THE FIRE CHIEF MIGHT'VE INDICATED THAT WE COULD WAIT TILL 2023 TO HIRE ADDITIONAL FIREFIGHTERS? YES, SIR.

THAT WAS THE RECOMMENDATION THAT HE MADE, THAT THESE ARE NOT IMMEDIATE HIRES THAT ARE NEEDED.

THESE CAN BE INCORPORATED INTO A PHASED IN PLAN

[03:15:01]

OVER, UH, OVER AT LEAST TWO BUDGET CYCLES WAS WHAT HE HAD RECOMMENDED.

DO YOU, DO YOU AGREE OR UNDERSTAND HOW CONFUSING THAT IS SITTING UP HERE? YES.

THERE, I RECOGNIZE THAT I'M TRYING TO MAKE DECISIONS ON PERSONNEL.

UH, YES, SIR.

AND, UH, TRYING TO TAKE THAT DATA AND BOIL IT DOWN AND PRESENTED IN A WAY THAT WAS, UH, UH, THAT WAS UNDERSTANDABLE TO FOLKS THAT AREN'T TYPICALLY, UM, WORKING WITH THAT DATA OR AWARE OF THAT DATA.

UH, WE DID NOT DO A VERY GOOD JOB OF THAT AT THAT TIME, SIR.

AND THAT, WASN'T MY PURPOSE TO GET YOU TO SAY THAT, BUT RIGHT, MR. LYONS, YOU AND I HAD ALSO TALKED, AND I THINK YOU WERE GOING TO ATTEMPT TO FIND OUT SOME HISTORICAL FACTS REGARDING THE HIRING OF FIREFIGHTERS.

WERE YOU ABLE TO GET ANY OF THAT INFORMATION? UM, MAYOR COUNCILMAN CAMPBELL.

YES, I WAS.

UM, I DID RECEIVE AN EMAIL, UH, FROM TONY THROUGH BRIAN.

UH, THE EMAIL WAS, UM, NOT EASY WITH THE INFORMATION ON IT TO GATHER LOTS OF DATES, UH, BUT I DID GET SOMETHING, UH, FROM, UH, BRIAN AND HIS UNDERSTANDING WAS GET SOME INFORMATION SOONER AND GET MORE INFORMATION LATER.

HOWEVER, IN READING THE PACKET IN PREPARATION FOR TONIGHT, I DID SEE ON THERE THAT THEY'RE ANTICIPATING HIRING, UH, AT LEAST I DON'T, I'M NOT SURE ABOUT THE ADMINISTRATIVE FIREFIGHTER, BUT AT LEAST THREE FIREFIGHTERS IN THEIR EXPECTED IS JULY 1ST, WHICH WAS MUCH SOONER THAN WHAT THE CHIEF HAD SAID WAS POSSIBLY DECEMBER.

SO I WAS VERY HAPPY TO SEE THAT MEANING THAT THE RESEARCH ON HOW LONG IT TAKES TO HAVE A FIREFIGHTER IS TWO AND A HALF MONTHS WITH THE CURRENT PROCESS WE HAVE.

AND I WAS GOING TO ASK BRIAN, JUST CLARIFY THAT INFORMATION TONIGHT.

SO LIKE YOU'RE FINDING OUT THAT IT TAKES ABOUT TWO AND A HALF MONTHS TO HIRE FIREFIGHTER.

WELL, AND THAT WAS THE QUESTION.

IF I MAY, AS BRIAN, BRIAN IN THE PACKET, IT SAID ANTICIPATED HIRING DATE IS JULY 1ST IS THAT TWO AND A HALF MONTHS LATER AND SOONER THAN DECEMBER AND SOONER THAN WHAT I HAD ANTICIPATED THREE TO FOUR MONTHS DUE TO A PROCESS OF REPLACING FIREFIGHTERS ALREADY ONGOING THE, THE JULY ONE REFERENCE IN THE MANUAL OR IN THE LEGISLATION IS DIRECTLY IT'S REFERENCED BECAUSE THAT'S THE HALFWAY POINT FOR THE FISCAL YEAR.

AND SO TO THE CONVERSATION THAT COUNCIL WAS HAVING AT THE WORD SESSION, WHICH WAS, UM, IF IT COSTS X TO HIRE A FIREFIGHTER, BUT WE ONLY HIRED THEM FOR HALF THE YEAR, IT WOULD COST Y SO IT WOULD BE EASIER TO FUND WHY, AND THEN WE'LL WORRY ABOUT X, THE FULL VALUE IN THE NEXT BUDGET CYCLE.

WE ONLY PUT IN, UH, THE HALF YEAR VALUE, WHICH IS WHY THE JULY ONE NUMBER IS WHAT APPEARS IN THE LEGISLATION OR AS REFERENCED, UH, IN THE LEGISLATION, OUR ACTUALLY ABILITY, OUR ACTUAL ABILITY TO HIRE A FIREFIGHTER WOULD BE REMINISCENT, UH, AND SIMILAR TO THE TIMELINE OR THE DATA THAT WE PROVIDED YOU, UH, THROUGH YOUR REQUEST.

SO I THINK, UH, THERE WERE TWO HIGHER, I WANT TO SAY IT WAS LIKE 140 SOME DAYS, AND THEN 160 SOME DAYS I WANT TO SAY.

UM, BUT, UM, I COULD BE OFF ON THAT, BUT THAT WAS THE INFORMATION THAT HAD BEEN SAID TO YOU WITH RESPECT TO THE LAST TWO.

I THINK IT WAS TWO OF THE MORE RECENT HIRES THAT WE HAD MADE FROM START TO FINISH WAS THE TIMEFRAME THAT WE WOULD NEED.

SO NO, WE COULD NOT HIRE FIREFIGHTERS WITHIN TWO, BASED ON WHAT OUR PROCESS IS.

IT WOULD BE CLOSER TO 160 TO 180 DAYS, DEPENDING.

SO IN ANSWERING YOUR QUESTION, COUNCILMAN CAMPBELL IS THE INFORMATION THAT I RECEIVED FROM STAFF WAS A DISCERNIBLE.

I COULD NOT MAKE HEADS OR TAILS ABOUT HOW LONG IT WAS, BECAUSE IT WAS JUST A BUNCH OF DATES.

SOMETIMES I DON'T GET THINGS WHEN I READ THEM.

I DID ASK OUR CLERK OF COUNCIL AND, UM, YOU KNOW, TONY, IF YOU WANT TO, YOU KNOW, GIVE YOUR OPINION.

I ASKED, WE TALKED ABOUT THAT TODAY.

UM, BUT I COULDN'T MAKE HEADS OR TAILS OF IT, UM, IN A SHORT PERIOD OF TIME.

AND I DID RECEIVE IT ON FRIDAY AND LOOKED THROUGH IT.

YEAH.

SO, BRIAN, YES, SIR.

ARE YOU SAYING IT TAKES ABOUT FIVE MONTHS TO HIRE A FIREFIGHTER? UH, YES.

THAT'S ABOUT WHAT I'M SAYING.

SO MAYOR RICHARD I'M IN NO WAY MOVING AROUND ON MY POSITION AT ALL.

I'M A HUNDRED PERCENT, I THINK THE SAME PLACE YOU WERE, BUT I'M, I'M BOTHERED BY THE COMMENTS OF FIREFIGHTER, EMS FATIGUE.

THEN THE EXPLANATION OF WHAT THAT MEANS WITH THE CHERRY ON TOP BEING WHAT THE CHIEF SAID TOWARDS THE END OF THE PRESENTATION,

[03:20:01]

WE COULD WAIT UNTIL 20, 23 WITH ALL OF THAT SAID, I'M WONDERING IF THERE IS A VALUE TAKING THIS TO THE NEXT WORK SESSION AND LET'S GET SOME CLARIFICATION ON THESE ITEMS. RICHARD, THANK YOU.

LIKE ONE OF THE OTHER COMPONENTS TO THAT, UH, I COUNCILMAN CAMPBELL THAT, UH, WAS NOT DISCUSSED TONIGHT.

IT WAS DISCUSSED AT THE WORK SESSION, UH, WITH THE FIRE CHIEF, WHICH IS, WAS ONE OF MY BIGGEST SIGNALS AND RED FLAGS WAS THE MENTAL HEALTH COMPONENT.

AND THE UNION REP, UM, WAS SITTING RIGHT THERE WITH THE BATTALION CHIEF.

AND, UM, AND THAT WAS MADE VERY CLEAR, UH, THE AMOUNT OF, UH, AS THE CITY MANAGER TO STATED THE SERIOUSNESS OF CALLS, COMPASSION CARE, UM, BUT THE OVERALL MENTAL HEALTH OF OUR FIREFIGHTERS THAT WAS THE LARGEST TRIGGER TO ME.

AND THAT WAS MADE VERY CLEAR BY THE PERSON THAT WE PUT IN CHARGE OF THE BEST FIRE DEPARTMENT AND THE STATE OF OHIO.

AND IT WAS AGREED AND ECHOED WITH A HEAD NOD BY THE INDIAN ROOM.

THAT IS WHAT PUT ME INTO A FAST AND FURIOUS MOTION TO GET THIS DONE.

UM, WE'VE ALL SEEN THE DATA WORK AROUND MENTAL HEALTH IN OUR COUNTRY AND IN OUR REGION.

UM, WE KNOW HOW SERIOUS IT IS.

UM, WE DEAL WITH IT HERE AT A STAFFING LEVEL AS WELL.

UM, AND I THINK, YOU KNOW, EACH ONE OF US IN SOME WAY, SHAPE OR FORM HAVE DEALT WITH IN OUR PERSONAL LIVES, IF WE ARE NOT HELPING OUR FIRST RESPONDERS AND THE PEOPLE WHO WERE IN CHARGE OF THE RESIDENTS OF THIS COMMUNITY, WHEN THE CHIEF COMES UP AND THIS USES WORDS AS MENTAL HEALTH AND THE FACT THAT WE NEED FIREFIGHTERS AND WE DON'T ACT IMMEDIATELY.

AND AS I STATED AT THE LAST WORK SESSION, IF SOMETHING WAS TO HAPPEN AND THIS COUNCIL DIDN'T ACT IN THE MOST EXPEDITED PROCESS KNOWN TO MAN TO GIVE ALL THE TOOLS TO THE DISPOSAL OF THE FIRE DEPARTMENT HAS ADMINISTRATIVE STAFF TO MAKE THAT HIRE HAPPEN.

WHETHER IT NOT, IT BE IN FOUR WEEKS AND 40 DAYS, IT DOESN'T MATTER.

I, AS A POLICY MAKER, I'VE DONE MY JOB EXPEDITIOUSLY TO SAY, YOU HAVE THE TOOLS TO GO GET IT DONE.

NOW THE TIME PERIOD IS NOW ON YOU.

SO THAT MEANS I CAN LAY MY HEAD COMFORTABLY AT NIGHT AND ANSWER MY CONSTITUENTS BY SAYING I DID EVERYTHING IN MY POWER AS AN ELECTED OFFICIAL TO MAKE THAT HAPPEN NOW, UM, THAT'S WHAT GOT ME GOING MARK CONTAINED.

I TOTALLY AGREE.

SO BRIAN, DURING ALL THAT DISCUSSION, INCLUDING THE PIECE THAT RICHARD REMINDS US OF THE CHIEF, THEN ENDED BY SAYING WE CAN WAIT UNTIL 2023.

YES, SIR.

SO IF WE APPROVE RICHARD FOR FIREFIGHTERS TONIGHT AND THEY ARE NOT HIRED UNTIL 20, 23, OR WHENEVER THE CHIEF DEEMS APPROPRIATE, WE SHOULD BE ABLE TO REST OUR HEADS ON THE PILLOW.

CORRECT.

IF YOU WANT MY HONEST OPINION, COUNCILMAN CAMPBELL, AS A, AS A POLICY MAKER, WE PROVIDED THE POLICY AND, UH, THAT NOW LIES IN THE STATE OF AS THE CITY MANAGER, AS HE, AS THE PUBLIC WORKS DIRECTOR, UM, AS ASSIGNED BY THIS COUNCIL.

SO, UH, UM, THAT'S NOW ON, ON HIM AND THE FIRE CHIEF.

AND THAT WAS ONE OF YOUR COMMENTS THAT IS CREST WEEK AS WELL.

YES, AND I, AND I THINK IN MY ENTIRE TERM AS AN ELECTED OFFICIAL, I WAS NEVER A STERN AS I WAS AT THAT MEETING.

AND I AM HERE TONIGHT ABOUT MOVING THAT FORWARD.

SO DOES THE LEGISLATION CALL OUT A DATE? I DON'T THINK SO.

I KNOW.

I THINK THE, AND AGAIN, I THINK PART OF WHAT I TRIED TO GET INTO SOME DETAIL WITH DURING THAT MEETING, UM, I FELT LIKE PART OF THE REASON THAT THE CHIEF MAY, I DON'T WANNA SPEAK FOR HIM, BUT PART OF THE REASON THAT HE SAID WAIT UNTIL 2023 WAS OKAY, IT WAS BECAUSE THERE WAS GOING TO BE A MUCH BIGGER POOL OF QUALIFIED APPLICANTS IN DECEMBER VERSUS WHAT WAS AVAILABLE CURRENTLY.

AND I THINK HE WANTED TO BE ABLE TO HAVE ACCESS AND LOOK INTO THAT BIGGER POOL OF QUALIFIED CANDIDATES IN DECEMBER, RATHER THAN MOVING FORWARD RIGHT NOW THAT WHEN I TRY TO GET CLARIFICATION ON HOW THAT, ON HOW THAT WORKED, UM, I THINK THAT'S PART OF WHAT HE WAS STATING.

AND I GOTTA MENTION TO ME, IF WE'RE GOING TO TALK ABOUT, I THINK IS RIDICULOUS.

IF WE THINK OUR FIREFIGHTERS ARE THE ONLY EMS PEOPLE THAT ARE SUFFERING FATIGUE AND CALL FATIGUE AND COMPASSION, FATIGUE, I THINK OUR POLICE DEPARTMENT IS PROBABLY SUFFERING FROM THOSE EXACT SAME THINGS AND WE END DISPATCHERS AND WE HAVEN'T HEARD THEIR PRESENTATION YET.

SO I THINK ALL OF OUR EMS SERVICES ARE PROBABLY IN THAT TYPE OF SITUATION.

I UNDERSTAND WHERE POLICYMAKERS

[03:25:03]

AND NONE OF US ARE FIRE EXPERTS, BUT THE LAST HOUR I'LL DOUBLE IT.

MR. CAMPBELL SAID THE LAST THING, A FIRE CHIEF, AND WE ALL HAD CONFIDENCE ENOUGH IN THE FIRE CHIEF TO APPOINT HIM.

THE FIRE CHIEF SAID, WE CAN WAIT TILL 20, 23.

AND I THINK HE SAID THAT BECAUSE THERE WAS A BETTER, I THINK HE ACTUALLY SAID 16, ADDITIONAL PEOPLE WILL BE ADDED TO THE CANDIDATE POOL IN DECEMBER.

AND WE HAVEN'T HEARD PRESENTATIONS FROM THE POLICE DEPARTMENT.

AND IF THE FIRE CHIEF SAYS, FIREFIGHTERS ARE SUFFERING FROM COMPASSION AND, AND FATIGUED, I WOULD BET OUR POLICE OFFICERS ARE, ARE IN THE SAME BOAT.

OKAY.

I AGREE WITH EVERYTHING THAT YOU GUYS HAVE SAID, I TOOK AWAY, IT WAS A GRADUATION SLASH STATE BOARD'S REQUIREMENT THAT THEY HAD TO COMPLETE AS, AS PART OF GOING ON THAT LIST.

YEAH.

THAT, THAT WAS KIND OF THE HOLDUP WAS A CREDENTIALING.

YEAH.

I THINK, YEAH.

GETTING QUALIFIED CANDIDATES IN THE POOL THAT WE COULD ACTUALLY HIRE FROM I'M GRADUATING FROM SCHOOL AND GIVING HIM PASS THEIR BOARDS.

I FELT LIKE THAT WAS THE HITCH.

THAT WAS MY UNDERSTANDING.

BUT I AGREE WITH WHAT WAS BEEN SET UP HERE.

THANK YOU.

ANYTHING COMMENT ACTUALLY? YOU SAID WHAT I WAS GOING TO SAY THAT, UM, THE REASON I DIDN'T WANT TO MOVE FORWARD WITH THIS IS BECAUSE WE HAVE NOT HEARD FROM, FROM EITHER, UH, THE POLICE DEPARTMENT OR, UH, OUR PUBLIC WORKS AND WE NEED TO KNOW, UM, WHAT THEIR NEEDS ARE AND I'M SURE THAT THEY ALL EXPERIENCE SIMILAR PROBLEMS. NOW, I, I'D ALSO LIKE TO HEAR FROM, UH, FROM MIKE GRAY, HOW MUCH OVERTIME THEIR FOLKS ARE WORKING BECAUSE, YOU KNOW, THE ONLY REASON HE HASN'T ASKED HER MORE HIRES IS BECAUSE HE DOESN'T HAVE ANY PLACE TO PUT THEM, YOU KNOW? UH, SO YEAH, WE NEED, IT'S, IT'S REAL GOOD TO, UM, THAT WE'RE POLICY MAKERS, BUT WE NEED TO BE SMART ABOUT HOW WE MAKE POLICY AND WE NEED TO KNOW ALL OF OUR NEEDS BEFORE WE MOVE FORWARD.

THANK YOU, COUNSEL, FORMER BAKER, WE DID THE SAME TOUR WITH THE FIRE DEPARTMENT.

DIDN'T THEY SAY THAT THEY DO HAVE EXTENSIVE MENTAL HEALTH THERAPY THAT GETS BROUGHT IN.

SO THEY DO HAVE SOME RELIEF.

YES, THEY HAVE.

THAT'S WHAT I BELIEVE.

UM, AFTER I, I DON'T WANT TO QUOTE THE, I DON'T WANT I, BUT THERE WAS SOME KIND OF MENTAL HEALTH THERAPY.

THEY ARE ABLE TO CONTINUE ACCESS TO BRIAN.

I DON'T KNOW IF YOU CAN JUMP IN ON THAT, I GUESS.

UM, SO YES, THERE, THERE ARE MENTAL HEALTH SERVICES THAT WE PROVIDE ALL OF OUR EMERGENCY PERSONNEL, POLICE AND FIRE, FOLLOWING CRITICAL INCIDENTS.

THERE'S ALWAYS A DEBRIEFING AND THERE'S ALWAYS AN OPPORTUNITY AT AN, AN, AN, UH, AN OPTION MADE AVAILABLE TO OUR PERSONNEL TO MEET WITH PROFESSIONALS AND BE ABLE TO ADDRESS THE SITUATION THAT THEY HAVE JUST BEEN PRESENTED WITH SO THAT THEY CAN MAKE SURE THAT THEY ARE IN AN APPROPRIATE PLACE.

UM, IF THERE IS A CONCERN OR AN ISSUE WITH THE MENTAL HEALTH OF OUR ORGANIZATION, WE ARE HAPPY TO BE ABLE TO PRESENT THAT INFORMATION IN A WAY THAT EVERYONE CAN, UH, FULLY UNDERSTAND THE PROGRAMS THAT WE'RE OFFERING AND HOW THE ENTIRE TEAM WORKS THROUGH THAT.

SO, UM, HOW WE RESPOND TO THOSE ISSUES OR HOW WE DEAL WITH THOSE ISSUES, UM, SIMILAR IN SOME WAYS FOR BOTH DIVISIONS, POLICE, AND FIRE, UM, A LOT OF THAT IS COORDINATED THROUGH THE HUMAN RESOURCES DEPARTMENT.

SO WE HAVE THOSE TOOLS AVAILABLE.

UM, AND IF THAT IS AN ISSUE THAT COUNCIL WOULD LIKE TO HAVE MORE INFORMATION ON OR ABOUT, UH, WE'RE HAPPY TO STEP AWAY, UH, AND GET THAT INFORMATION AVAILABLE AND BRING IT TO COUNCIL'S ATTENTION SO THAT EVERYONE CAN FEEL COMFORTABLE AND CONFIDENT THAT WE ARE TAKING CARE OF OUR EMPLOYEES THE BEST WAY WE KNOW HOW WITH THE BEST RESOURCES WE HAVE AVAILABLE.

AND THAT'S NOT TO SAY THAT WE DON'T LOOK FOR CONSTANT IMPROVEMENT, UM, IN, IN HOW WE TAKE CARE OF OUR PEOPLE, BECAUSE OUR PEOPLE, UM, ARE WHAT MAKE US THE GREAT ORGANIZATION WE ARE.

SO WE WANT THEM TO CONTINUE TO FUNCTION THAT WAY.

SO, UM, I, I JUST WANT TO SAY THAT, UM, UH, UM, WE DO TAKE GREAT PRIDE IN MAKING SURE THAT OUR PEOPLE ARE TAKEN CARE OF.

AND I WANT TO MAKE THAT CLEAR TO EVERYBODY ON THIS DIOCESE AND EVERYBODY WHO MIGHT BE LISTENING OR WATCHING, UH, AT HOME.

SO, UM, THE RESOURCES THAT WE PROVIDE ARE TOP-NOTCH, UM, AND WE ARE NOT AFRAID TO, TO CONTINUE TO WORK, TO IMPROVE THOSE RESOURCES, UM, HOW THAT RELATES TO HOW WE OPERATE.

AGAIN, WE'RE HAPPY TO TIE THAT IN.

UM, BUT I THINK, UM, REALLY THE MESSAGE THAT WE WERE TRYING TO REITERATE THROUGH THE FIRE CHIEF'S PRESENTATION IS ALL OF US HAVE HAD A BUSY DAY OR SOMETIMES, AND THEN WE COME HOME AND AN UNRELATED ISSUE MIGHT PERHAPS GET THE BETTER OF US.

[03:30:01]

AND THAT'S REALLY WHAT, UH, THE MESSAGE THAT, UH, THE CHIEF KNIVES WAS TRYING TO PRESENT.

UM, I HAVEN'T HAD AN OPPORTUNITY YET TO TALK TO, UH, UM, CHIEF LIGHTENER ABOUT WHAT HIS PRESENTATION IS GOING TO LOOK LIKE, BUT I'M SURE THAT THERE ARE PROBABLY SOME DAYS THAT, THAT, UH, HIS OFFICERS, UM, THEY RUN A LITTLE BIT MORE THAN THEY WERE EXPECTING, AND MAYBE THEY'VE HAD A BAD DAY, TOO.

UM, BUT, UH, OUR JOB IS TO LOOK AT THE INFORMATION AND THE DATA, AND IF THERE IS AN OPPORTUNITY FOR US TO LIMIT RISK IN THE FUTURE, THAT IS OUR RESPONSIBILITY TO DO THAT.

AND I THINK THAT THAT'S REALLY THE MESSAGE THAT CHIEF NICELY WAS TRYING TO, UM, TO RELAY, WHICH IS WE ARE IN A GOOD PLACE NOW, BUT WE CAN LOOK INTO THE FUTURE BASED ON PAST TRENDS AND SEE THAT, UH, IF WE'RE GOING TO CONTINUE TO KEEP RISK LOW, UH, THEN WE, WE NEED TO START PLANNING FOR THAT.

SO TO YOUR POINT, MR. CAMPBELL, UM, I THINK THAT WAS, I KNOW THAT'S WHY FIRE CHIEF NICELY HAD SAID THAT HE WAS CAPABLE OF WAITING TO, TO BEGIN THE LIFT IN 2023, IN ADDITION TO THE POINT THAT MS. BAKER MADE, WHICH IS THAT YES, THERE, THERE IS HOPEFULLY A BETTER POOL.

UM, IN DECEMBER WHEN ST.

CLAIRE GRADUATES THAT'S NEXT CLASS, UH, TO GIVE US AN OPPORTUNITY TO HIRE THE BEST QUALIFIED PEOPLE WE CAN GET AT THAT TIME.

YES, ANITA, WELL, SO I'M GLAD TO HEAR THAT.

CAUSE I THOUGHT THAT'S WHAT WAS STATED ABOUT THE MENTAL HEALTH COUNSELING.

I AGREE WITH MS. BERG, THAT I THINK THAT WE NEED TO, UM, LISTEN TO EVERYBODY.

I, I REALLY, I PUT THE POLICE AND FIRE AND PUBLIC WORKS AT HIGHEST ESTEEM AND EVERYTHING, AND I DO WANT TO HELP HIM, BUT I THINK WE NEED TO LOOK AT EVERYBODY'S PRESENTATION AND SEE WHAT EVERYBODY NEEDS AND EQUAL IT OUT.

I HAVE THE DISCUSSION.

CAN WE HAVE A MOTION AND A SECOND ON ITEM 12 Q, CORRECT.

I DO NOT HAVE WE GOT INTO THE DISCUSSION, BUT WAS IT EMOTIONAL AGAIN? BECAUSE WE HAD DISCUSSED.

OKAY, SO WE'LL LET HIM 12 Q UH, IS THERE A MOTION RICHARD, I'D LIKE TO MAKE A MOTION TO A DOC? IS THERE A SECOND OUTSIDE OF THAT? OKAY.

THEN SHE CAME THE SECOND TIME.

HE DOES ANY FURTHER DISCUSSION.

TONY, MR. OTTO.

YES.

MR. LYONS.

YES.

MRS. KITCHEN.

NO.

MR. WEBB.

NO.

MR. SHAW.

YES.

MS. BAKER, CAN I ASK A QUESTION TO CLARIFY? SO WE'RE GOING TO ADD A PERSONAL STAFF TO THE ORGANIZATIONAL CHART.

IS THAT CORRECT? THIS PARTICULAR ITEM.

OKAY.

YES.

YOUR VOTE WAS YES.

MR. CAMPBELL.

YES.

MRS. BERG.

NO.

OKAY.

MOTION PASSES FIVE TO THREE.

OKAY.

NEXT

[ A Resolution Establishing And/Or Amending The Salary Ranges And Wage Levels For Employees Of The City Of Huber Heights, Ohio. (first reading)]

UP IS ITEM 12 OR ITEM 12, OUR RESOLUTION ESTABLISHING AND, OR ADMITTING THE SALARY RANGES AND WAGE LEVELS FOR EMPLOYEES OF THE CITY.

IF YOUR RIGHTS ARE HIGHER WITH THE FIRST READING, BRIAN, UH, THANK YOU, SIR.

UH, SO CORRELATING TO THE DISCUSSION ON, UH, STAFFING FOR FIREFIGHTERS, UH, THE SALARY RANGES, UH, NEEDED TO BE ESTABLISH PUSHED IN PARTICULARLY FOR THE CAPTAIN POSITION, WHICH HAS BEING RECOMMENDED BY, UH, THE CHIEF.

AND THAT'S WHAT THIS LEGISLATION WOULD DO.

AND THE RECOMMENDATION FROM STAFF WOULD BE TO ADOPT THIS PARTICULAR MAP.

IS THERE A MOTION MARK MOTION TO ADOPT FOR A SECOND? ED, SECOND EMOTION AND A SECOND.

YES.

MICHIGAN, JARED MACDONALD.

WE'VE HAD A CONFUSION IN THE PAST ABOUT FIREFIGHTERS.

HAVE WE HIRED ENOUGH? HAVE WE NOT HIRED ENOUGH? HAS THERE BEEN ENOUGH DISCUSSION ON THE DYESS TONIGHT THAT IT'S GOING TO BE CHIEF NICELYS DECISION WORKING WITH THE CITY MANAGER, BRIAN, CHAD KOSKI, WHEN THESE FIREFIGHTERS ARE HIRED AND IT COULD BE SOMETIME IN 2023, OR DO WE NEED TO AMEND OR ADD SOMETHING TO THE NIGHT'S DISCUSSION? THERE'S NOTHING, NOTHING IN THE CURRENT LEGISLATION, OTHER THAN APPROVING THESE POSITIONS AND THE PAY AND THINGS LIKE THAT IN THIS CALENDAR YEAR, BUT THERE'S NOTHING IN THERE THAT SAYS WHEN, SO IT WOULD BE WITHIN THERE PERFECTLY TO GET THIS DONE.

SO THE ANSWER TO MY QUESTION IS YES, THAT, THAT WE'VE SAID ENOUGH ON THE DIOCESE THAT IF CHIEF KNISELY DECIDED TO HIRE ADDITIONAL FIREFIGHTERS AND WAIT UNTIL 2023 IN CONCERT WITH THE CITY MANAGER, WE'VE MADE THAT CLEAR OR IS THERE SOMETHING WE NEED TO SAY

[03:35:01]

IN ADDITION TO CLEAR IT UP? SO A MONTH OR TWO MONTHS FROM NOW, IT IS CLEAR.

SO A MONTH OR TWO MONTHS FROM NOW, IF THE ISSUE IS RAISED, THAT WE HAD PROMISED TO HIRE FOUR FIREFIGHTERS AND WE HAVEN'T YET WE CAN POINT BACK TO THIS DISCUSSION.

YES.

OKAY.

THANK YOU.

THAT'S ALL I HAVE MAYOR.

WHERE'S THE MONEY COMING FROM? YEAH, NO, UH, WE'RE WE'RE ON, WE'RE ON OUR RIGHT.

YES.

AND THEN THE FUNDING, THE SUPPLEMENTAL APPROPRIATION IS AN S OKAY.

BUT THAT, THAT REALLY DOES GO KIND OF HAND IN HAND.

I MEAN, IF WE'RE GOING TO TALK ABOUT ESTABLISHING A SALARY RANGE, IT'S DIFFERENT FOR 20, 22 THAN IT IS FOR 2023, RIGHT.

OR, OR HOW MANY DO WE DO A TWO YEAR BUDGET FOR THEM? NO, WE DID NOT.

SO THE SALARY RANGES ARE SET BY THE TABLE OF ORGANIZATION.

THE FIREFIGHTERS THEMSELVES ARE IN A COLLECTIVE BARGAINING UNIT.

SO THOSE WAGES ARE SET BY THE AGREEMENT.

UH, THE CAPTAIN IS, UM, EXEMPT.

UH, SO NOT WITHIN THE UNION, BUT, UH, CAN BE PAID WITHIN THE PAY RANGE.

UH, SHOULD WE WOULDN'T BE ADJUSTING THE SALARY.

THE ONLY CHANGE ON THIS PIECE OF LEGISLATION IS TO ADD THE SALARY RANGE FOR A CAPTAIN POSITION, BECAUSE THAT DID NOT EXIST.

THAT'S THE ONLY WAY TO CHANGE IT IN THIS VIRGINIA.

HAS IT BEEN DEFINED THE RANGE OF SPECIFIED? GOOD.

ANY OTHER DISCUSSION? OKAY.

OKAY.

TONY, MR. LYONS.

YES.

THIS IS KITCHEN.

YES.

MR. WEB.

YES.

MR. SHAW.

YES.

IT'S BAKER.

YES.

MR. CAMPBELL.

YES.

MRS. BERG.

YES.

MR. OTTO.

YES.

AND MOTION CARRIES EIGHT TO ZERO.

[ An Ordinance Amending Ordinance No. 2021-O-2511 By Making Supplemental Appropriations For Expenses Of The Fire Division Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2022 And Ending December 31, 2022. (first reading)]

NEXT, AS I'M TOLD THIS, ADAM 12 S AN ORDINANCE AMENDING ORDINANCE NUMBER 2 0 2, 1 DAY.

I SHOWED BY MAKING SUPPLEMENTAL APPROPRIATIONS FOR EXPENSES OF THE FIRE DIVISION OF THE CITY OF HUMAN RIGHTS, OHIO FOR THE PERIOD BEGINNING JANUARY 1ST, 2022, AND ENDING DECEMBER 31ST, 2022 AT THE FIRST READING.

RIGHT.

UH, THANK YOU, SIR.

RELEVANT TO THE CURRENT DISCUSSION TOPIC.

THIS IS THE LEGISLATION NECESSARY TO FUND THOSE POSITIONS FOR WHEN THE CHIEF, UH, IS, UH, ABLE TO HIRE.

OKAY.

IT LOOKS LIKE THE RECOMMENDATION OF THE WORK SESSION WAS TO WAIVE THE SECOND READING AND ADOPT THIS MC MARK MOTION TO ADOPT.

WE NEED A MOTION TO WAVE WAVE MOTION TO WAIT A SECOND.

RICHARD, SECOND MOTION AND A SECOND.

ANY DISCUSSION? YES, MARK.

YES.

JERRY, BASED ON THE CONVERSATION WE JUST HAD PREVIOUSLY ARE THE DATE RANGES IN THIS AMBIGUOUS ENOUGH WHERE SOMEONE COULD START ARGUING THE FACT THAT WE HAD TO HIRE THESE ADDITIONAL FIREFIGHTERS IN 2022, WE'RE AMENDING THE BUDGET FOR THIS YEAR.

SO THAT'S WHY.

YES.

SO BECAUSE OF THAT, COULD SOMEONE ARGUE THAT WE SHOULD HAVE HIRED IN 2022, NOT 2023, IF THAT'S WHEN THE CHIEF SO CHOOSES TO HIRE IS 23, THAT ARGUMENT COULD COME.

AND IF WE HAD ENOUGH DIALOGUE FROM THE DIOCESE TO CLEAR THAT UP, I THINK SO.

OKAY.

THAT'S ALL I AM HERE.

AUNTIE BRIAN, UM, AT PRESENT, THIS WOULD BE A, UM, DRAW FROM FUND BALANCE, BUT WE'RE STILL EARLY IN THE YEAR.

SO DEPENDING UPON HOW RECEIPTS MIGHT COME IN FROM TAXES, THAT MIGHT NOT BE NECESSARY, BUT FOR THE PURPOSES OF TODAY'S ACTION BY COUNCIL, THIS WOULD BE A WITHDRAWAL FROM THE FUND BALANCE.

OKAY.

SO WHAT WE'RE DOING IS COMMITTING THE CITY TO HIRING FOR FIREFIGHTERS WITHOUT KNOWING WHAT OUR REQUIREMENTS ARE FOR THE POLICE DEPARTMENT OR PUBLIC WORKS.

SO THEY COME BACK AND THEY SAY, EACH SAY, EACH DEPARTMENT SAYS, I NEED FOUR MORE PEOPLE.

THEN WE'RE GOING, WILL THERE BE ENOUGH IN, IN THE SAME FUND TO COVER ALL THOSE PEOPLE? UH, EACH ONE OF THOSE DIVISIONS IS PAID FROM A DIFFERENT FUND FIRE FUND, POLICE FUNDED IT, RIGHT? AND THEN THE LOCAL STREET FUND, UM, FOLLOW UP HEARKENING BACK TO THE WORK SESSION WHERE THIS MATTER WAS, UH, BEING DISCUSSED.

UH, I BELIEVE THAT, UH, BOTH, UH, THE MAYOR AND MR. CAMPBELL HAD, UH, REFERENCED

[03:40:01]

THE UTILIZATION OF SERVICE PAYMENTS PERHAPS AS A WAY TO, UM, PROVIDE FUNDS, UH, AND OTHER, UH, TO PROVIDE FUNDS TO HELP FUND THE, UH, PAY FOR THESE POSITIONS.

UH, AND MY COMMENT AT THAT TIME WAS THAT, YES, WE BELIEVE THAT MIGHT BE AN OPTION, BUT WE HAD YET TO COMPLETE OUR DUE DILIGENCE TO ENSURE THAT THAT COULD BE SUSTAINABLE FUNDING.

SO TO ANSWER YOUR QUESTION, THE FUNDING THAT WOULD BE APPROPRIATED HERE WOULD NOT BE, UM, IN CONFLICT WITH ANY OF THE OTHER PROPOSALS THAT MAY OR MAY NOT COME FROM, UH, CHIEF WIENER OR FROM MR. GRAY.

BUT WE HAVE NOT HAD SUFFICIENT TIME TO VET THIS VALUE OVER TIME TO ENSURE A CONSISTENT NEWS STREAM IS AVAILABLE.

WHAT DO WE NEED TO MOVE THIS TO ANOTHER READING SO WE CAN GET THAT INFORMATION.

AND IF I MAY ASK, ADD A SECOND QUESTION, ISN'T THE PUBLIC WORKS FUNDED OUT OF THE GENERAL FUND PARKS IS FUNDED OUT OF THE GENERAL OUT OF THE GENERAL FUND.

AND THAT MONEY COMES FROM THE ROSE PROCEEDS FROM THE ROSE.

I SAID, PUBLIC WORKS, PUBLIC WORKS.

I DO NOT BELIEVE IS FUNDED.

IT IS FUNDED THROUGH THE LOCAL GOVERNMENT OR THE LOCAL GOVERNMENT, UH, THE LOCAL STREET TAX, UH, IS WHERE THE MAJORITY OF THAT OPERATIONAL FUNDING COMES FROM.

UM, THE, UM, AND I'M SORRY TO YOUR FIRST QUESTION, UH, WHICH WAS, AGAIN, MY APOLOGIES.

I SAID, DO WE NEED TO MOVE THIS UNTIL WE DEFINE WHERE THE FUNDING IS COMING FROM? IF COUNSEL WOULD LIKE TO KNOW, WE'D LIKE TO HAVE A DEFINITIVE ANSWER, THEN YES, THAT WOULD BE NECESSARY.

BUT IF COUNCIL HAS THE CONFIDENCE THAT STAFF WILL FIND A WAY, THEN THAT WOULD BE YOUR PREROGATIVE TO ADOPT TONIGHT.

I THINK OUR, OUR CITIZENS HAVE A RIGHT TO KNOW WHERE THE FUNDING'S COMING FROM.

UM, YEAH, I HAVE, I, I REALLY DO HAVE A PROBLEM MOVING THIS FORWARD WITHOUT HAVING THE FUNDING SOURCE DEFINED AND THAT'S HAS NOTHING TO DO WITH A LACK OF CONFIDENCE IN OUR STAFF.

IT'S JUST TRANSPARENCY, BRIAN.

YES, SIR.

PERCENTAGE OF THE PUBLIC SAFETY SALARIES ARE PAID OUT OF THE GENERAL FUND.

UM, A LOT I'D HAVE TO PULL IT.

UM, EACH FUND DOES RECEIVE A SUBSIDY FROM THE GENERAL FUND, BUT I'D HAVE TO PULL THAT UP, SIR, AND, AND TAKE A LOOK AT THAT HERE.

SO THERE'S A DEDICATED REVENUE STREAM FROM A DEFINED INCOME TEXT OF 0.25.

IS THAT CORRECT? YES, SIR.

WHEN THAT DIPS, FOR ANY REASON, WHAT DO YOU GET THE SHORTAGE AMOUNT FROM? UH, THERE'S A SUBSIDY PROVIDED BY THE GENERAL FUND TO THE POLICE FUND AS THE FIRESTONE AND YOU JUST TAP RIGHT INTO THE GENERAL FUND, PAY IT AND MOVE ON, CORRECT? YES, SIR.

WHERE ARE YOU, WHERE ARE YOU GOING TO GET THIS MONEY FROM THE MONEY THAT WE WOULD BE TALKING ABOUT TONIGHT? YES, SIR.

I WOULD COME FROM THE GENERAL SAME GENERAL FUND.

YES, SIR.

NOW HOW OFTEN, WHEN THAT 0.2, FIVE DIPS DOWN AND YOU'VE GOT TO DIP FURTHER INTO THE GENERAL FUND, DO YOU CONVEY THAT TO THE CITIZENS, UM, THAT OCCURS THROUGH THE, THROUGH THE BUDGET PROCESS? YES, SIR.

AND YOU HAVE DISCUSSION LIKE WE'RE HAVING TONIGHT? YES, SIR.

SO THE REAL QUESTION IS HOW MUCH IS THIS IN DOLLARS AND CENTS? HOW MUCH IS THIS? UM, IN ROUND NUMBERS, IT WOULD BE APPROXIMATELY $400,000 ANNUALLY.

SO WHERE ARE YOU GOING TO GET THE MONEY FOR THIS IS OUT OF THE GENERAL FUND.

YES, SIR.

ABOUT 400,000.

YES, SIR.

MR. LYONS HAD CONVEYED TWO SOURCES OF REVENUE, ONE FOR HIRING FIREFIGHTERS AND ONE FOR HIRING POLICE OFFICERS.

YES, SIR.

CAN YOU SPEAK TO THAT TONIGHT? SINCE YOU'VE HAD A FEW DAYS, UH, MR. LYONS HAD REFERENCED, IF I RECALL CORRECTLY, MR. LYONS HAD REFERENCED THE DIFFERENCE IN REVENUE BROUGHT IN TODAY COMPARED TO THE FIRST YEAR, UH, THAT FUNDS WERE BROUGHT IN, UH, FROM THE, UH, FROM THOSE RESPECTIVE LEVIES BACK IN 2015 TO FIVE.

YES, SIR.

YES, SIR.

THAT IS CORRECT.

UH, AND IN ROUND NUMBERS, I BELIEVE THAT DIFFERENCE WAS APPROXIMATELY HALF A MILLION DOLLARS.

UH, AND, UH, THAT IS NOT, UM, WHILE THE MATH WAS CORRECT, IT DOESN'T, IT DIDN'T REPRESENT THE NET PRESENT VALUE OF MONEY OR EXCUSE ME, THE NET PRESENT VALUE OF EXPENSE.

AND THAT, UM, WHILE THE LEVY HAS BROUGHT IN MORE MONEY BETWEEN 2005 AND 2020, I BELIEVE WAS THE REFERENCE DATE.

UM, THE COSTS ASSOCIATED WITH OPERATING THOSE DEPARTMENTS HAS ALSO GONE UP BETWEEN 2015 IN 2020.

AND

[03:45:01]

SO THERE IS NOT A SURPLUS OF REVENUE THAT'S AVAILABLE FROM THOSE PARTICULAR, UH, FROM THOSE PARTICULAR MILLAGE RATES, UH, BOTH FUNDS IN FACT, CONTINUE TO RECEIVE SUBSIDIES ANNUALLY FROM THE GENERAL FUND BECAUSE EXPENSES HAVE OUTPACED, UH, THE REVENUES BROUGHT IN SPECIFIC TO A SPECIFIC TO THOSE LEVIES.

SO WOULD YOU SAY A PORTION OF THAT MONEY THAT MR. LYONS TALKED ABOUT WAS REALISTIC? UH, I WOULD SAY THAT NO PORTION OF THAT VALUE THAT MR. LYON SPOKE OF COULD BE APPLIED TO NEW WAGES BECAUSE THE DIFFERENCES ALREADY BEEN APPLIED TO INCREASED COSTS, UH, FROM 2015 TO 2020.

I DON'T UNDERSTAND THAT, UM, STUFF GOT MORE EXPENSIVE BETWEEN 2015 TO 2020.

YES.

WHAT WE WOULD KNOW IS INFLECTION OR COST OF LIVING.

YES.

HAVE THE QUESTIONS.

I FORGET.

WE HAVE A MOTION.

WE HAVE A MOTION.

AND SECOND ON THE MOTION TO WAVE ON THE MOTION.

THE MOTION ON SECOND ON THE MOTION TO WAIVE TONY CALDWELL.

MRS. KITCHEN.

NO, MR. WEBB.

NO, MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

THIS IS BERGE.

NO.

MR. OTTO.

YES.

MR. LYONS.

YES.

AND MOTION TO WAIVE FAILS.

FIVE TO THREE.

I'M SORRY.

WE GOT TO TAKE SIX LOADS TO LAY THE CENTER READING AUTOMATICALLY PASS THROUGH A SECOND.

OKAY.

[ A Resolution Authorizing The Execution Of A Termination Of The Land Use Restriction Agreement In Connection With The City’s Multifamily Housing Mortgage Revenue Bonds (Alcore Huber LLC Project) Series 2012A. (first reading)]

NEXT UP IS ITEM 12 T ITEM 12 T A RESOLUTION AUTHORIZING THE EXECUTION OF A TERMINATION OF THE LAND USE RESTRICTION AGREEMENT FUNCTION WITH THE CITY'S MULTIFAMILY HOUSING MORTGAGE REVENUE BONDS FOR ALCOR HUBER, LLC PROJECT SERIES TWO.

AT THE FIRST STREET BRIGHTON.

UH, YES, SIR.

UH, THIS'LL RESOLUTION IS RELATED TO THE LANDINGS, UH, AT, UH, UH, THE LANDINGS, UH, AND BELL FOUNTAIN, UH, IN 2012, UH, THE CITY HAD SPONSORED A BOND ON BEHALF OF THE ORGANIZATION.

UH, AND AS A REQUIREMENT OF THAT BOND, UH, LAND USE RESTRICTION WAS THAT THE FACILITY COULD ONLY BE USED FOR, UM, UH, SENIOR PURPOSES.

UH, THAT BOND HAS SUBSEQUENTLY BEEN PAID OFF.

THERE IS NOW NEW OWNERSHIP, AND THAT OWNERSHIP IS ASKING THE CITY TO RELEASE THAT RESTRICTION, UH, TO CLEAR THE TITLE SO THAT THEY CAN CONTINUE TO OWN THE PROPERTY AND MANAGE THE PROPERTY IN AN INAPPROPRIATE WAY AT THIS TIME.

OKAY.

THANK YOU.

WORKSITES RECOMMENDATION WAS ADOPTION.

UH, IS THERE A MOTION? ANYTHING IS THERE A SECOND? OKAY.

SECOND, ANY DISCUSSION TONY? MR. ROB, MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

MRS. BERG, MR. OTTO.

YES.

MR. LYONS.

YES.

MRS. KITCHEN.

YES.

MOTION CARRIES EIGHT TO ZERO.

THE NEXT IS ITEM

[ A Resolution Authorizing The City Manager To Enter Into A Community Reinvestment Area Agreement With Flyer Red Properties II, LLC Under Certain Terms And Conditions. (first reading)]

12, VIEW ITEM 12, VIEW A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COMMUNITY REINVESTMENT AREA AGREEMENT WITH FLIER, READ PROPERTIES TO LLC UNDER CERTAIN TERMS AND CONDITIONS AT THE FIRST RIG BRIAN.

UH, YES, SIR.

AS WAS DISCUSSED WITH COUNSEL AT THE WORK SESSION LAST WEEK, UH, THE, UM, UH, FLYER RED HAS AN INTEREST TO, TO ACQUIRE THE TRUCK PRO FACILITY ON EXECUTIVE AND CONVERT THAT TO A TAPROOM, SMOKERY AND BREW HOUSE FOR, UM, WORKED WHEN BREWERY, UH, AS A TERM AND CONDITION, UH, FOR THEIR CLOTHES.

UH, THE, UM, THE CITY GRANTING OR AGREEING TO GRANT A CRA IS A CONDITION.

AND THIS MATTER HAS BEEN PRESENTED TO COUNCIL FOR THAT PURPOSE.

UH, AND IT WAS THE RECOMMENDATION THAT THIS ITEM BE ADOPTED AT THE WORK SESSION.

THANK YOU.

THAT WAS THE RECOMMENDATION WAS ADOPTIONS OR EMOTION.

OKAY.

YES.

IS THERE A SECOND NANCY MOTION AND A SECOND.

ANY DISCUSSION? TONY? MR. SHAW? YES.

MRS. BAKER, MR. CAMPBELL.

YES.

MRS. BERG.

YES.

MR. OTTO.

YES.

MR. LYONS.

YES.

MRS. KITCHEN.

YES.

MR. WEBB.

YES.

MOTION CARRIES EIGHT TO ZERO.

NEXT

[ An Ordinance Authorizing Advances And Transfers Between Various Funds Of The City Of Huber Heights, Ohio And Amending Ordinance No. 2021-O-2511 By Making Supplemental Appropriations For Expenses Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2022 And Ending December 31, 2022. (first reading)]

IS ITEM 12 V ITEM 12 VIA AN ORDINANCE AUTHORIZING ADVANCES AND TRANSFERS BETWEEN VARIOUS FUNDS OF THE CITY OF HUBRIS RIGHTS, OHIO AND AMENDING ORDINANCE NUMBER 2 0 2 1 DASH ZERO DASH 2 5 1 1, BY MAKING SUPPLEMENTAL APPROPRIATIONS FOR EXPENSES OF THE CITY OF HUBER HEIGHTS, OHIO FOR THE PERIOD BEGINNING JANUARY 1ST, 2022, ENDING DECEMBER 31ST, 2022, BUT THE FIRST STREET, RIGHT? UH,

[03:50:01]

THANK YOU, SIR, AS WAS DISCUSSED WITH COUNCIL, UH, AND THE WORK SESSION THIS MATTER IS BROUGHT FORTH TO TRANSFER VARIOUS FUNDS, TO EMPOWER THE CITY, CONTINUE TO PERFORM ITS DAY-TO-DAY OPERATIONS.

AT THE RECOMMENDATION OF THE FINANCE DIRECTOR, IT WAS THE WORK SESSION RECOMMENDATION TO ADOPT THIS ITEM.

WE NEED A MOTION TO WAVE AND THEN ADOPTIONS OR MOTION TO WHITE LOTION TO WAVE FOR A SECOND.

NANCY, SECOND EMOTION.

THE SECOND TOY.

THE SECOND READING AND DISCUSSION.

TONY MS. BAKER.

YES.

MR. CAMPBELL.

YES.

MRS. YES.

MR. OTTO.

YES.

MR. LYONS.

YES.

THIS IS KITCHEN.

NO.

MR. WEBB.

YES.

MR. SHAW MOTION TO WAVE CARRIES 7 71.

AND NEXT TO ME, THE MOTION FOR ADOPTION.

RICHARD MOTION TO ADOPT.

HAVE SECOND, MR. WEBB.

I WILL START A DISCUSSION.

OKAY.

UM, MR. CAMPBELL.

YES.

MRS. BERG.

MR. OTTO.

YES.

MR. LYONS.

YES.

THIS IS KITCHEN MR. WEBB, MR. SHAW.

YES.

MS. BAKER.

YES.

MOTION CARRIES EIGHT TO ZERO.

AND NEXT

[ An Ordinance Approving Individual Assessments Amounts And Directing The Director Of Finance Or His/Her Designee To Certify The Amounts To The Applicable County Auditor For Collection, And Declaring An Emergency. (first reading)]

IS VITAMIN 12 W ITEM 12, W AN ORDINANCE APPROVING INDIVIDUAL ASSESSMENTS AMOUNTS AND DIRECTING THE DIRECTOR OF FINANCE OR HIS OR HER DESIGNEE TO CERTIFY THE AMOUNTS TO THE APPLICABLE COUNTY AUDITOR FOR COLLECTION AND DECLARING AN EMERGENCY AT THE FIRST STREET.

UH, BRIAN COMMENTS.

UH, YES, SIR.

UH, THIS LEGISLATION IS A REOCCURRING LEGISLATION BEFORE THIS BODY AND THIS EMPOWERS THE CITY TO LEVY ASSESSMENTS FOR BILLS.

UNPAID.

THIS PARTICULAR LEGISLATION IS FOR DELINQUENT WATER BILLS AND FOR A STORM SEWER FEES, IT HAS ASKED THE COUNCIL A WAVE OF THE SECOND READING AND ADOPT THIS EVENING SO THAT WE CAN MAKE THE ASSESSMENT DEADLINE TO THE COUNTY COUNTY COUNTY AUDITOR'S OFFICE.

EXCUSE ME, BIG FRIGHT AND WORK SAYS RECOMMENDATION WAS WAY.

THE SECOND READING IS THEIR EMOTION.

NANCY WOULD HAVE TO WAIT FOR A SECOND.

OKAY.

SECOND MOTION.

A SECOND TO WAVE.

WAS THERE ANY DISCUSSION AND MRS. BERG? YES.

MR. OTTO, MR. LYONS.

YES.

THIS IS KITCHEN.

NO.

MR. WEBB.

YES.

MR. SHAW.

YES.

THIS BAKER.

YES.

MR. CAMPBELL.

YES.

MOTION CARRIES SIX TO, TO, TO WAVE.

IS THERE A MOTION FOR AN OPTION? NANCY? IS THERE A SECOND? OKAY.

SECOND MOTION.

AND A SECOND.

ANY DISCUSSION MR. OTTO? YES.

MR. LYONS.

YES.

MRS. KITCHEN.

YES.

MR. WEBB.

YES.

MR. SHAW.

YES.

MS. BAKER, MR. CAMPBELL, MRS. BERG.

YES.

MOTION CARRIES EIGHT TO ZERO TO ADOPT.

AND NEXT

[ A Resolution Authorizing The Acceptance Of State Of Ohio Funding And Establishing The OneOhio Opioid Settlement Fund. (first reading)]

IS ITEM 12, THE NEXT ITEM, 12 X A RESOLUTION AUTHORIZING THE ACCEPTANCE OF STATE OF OHIO FUNDING AND ESTABLISHING THE ONE OHIO OPIOID SETTLEMENT FOND AT THE FIRST STREET, RIGHT? UH, YES, SIR.

AS WAS DISCUSSED WITH, UH, COUNSEL AT THE WORK SESSION, UH, THIS RESOLUTION IS NECESSARY TO ESTABLISH THE FUND, TO RECEIVE THE OPIOID DISTRIBUTION.

THAT WILL BE COMING OUR WAY HERE, UH, IN THE NEXT FEW WEEKS, UH, IT WAS RECOMMENDED THAT COUNCIL ADOPT THIS, UH, ITEM, UH, AT THAT TONIGHT'S WORK SESSION.

MOTION, MOTION TO IT UP SECOND, KATE, SECOND EMOTION THAT A SECOND.

ANY DISCUSSION? UM, BRIAN, I UNDERSTAND THAT THEY, UM, THAT THEY, UH, DEFINITIVE LIST ON HOW THE MONEY CAN BE USED.

HASN'T BEEN RELEASED YET.

DO WE HAVE ANY, UM, ANY IDEA WHEN IT'S GOING TO BE RELEASED? UH, WE DO NOT, BUT IF I RECALL CORRECTLY, THAT WAS A HOMEWORK, A HOMEWORK ASSIGNMENT THAT COUNCIL GAVE STAFF AT THE WORD SESSION.

SO WE'RE, UH, WE'RE GOOD.

WE'RE GOING TO TRY AND VET THAT OUT FOR YOU AND GET THAT INFORMATION AS SOON AS WE GET IT.

SURE.

AND HAVE THAT DISCUSSION.

ED, THANK YOU, MAYOR.

BRIAN, DO WE KNOW HOW MUCH MONEY WE'RE ANTICIPATING FOR? UH, I BELIEVE THE NUMBER IS APPROXIMATELY $110,000.

UM, IF THERE WERE TWO SEPARATE FUNDS AND MONEY.

YEAH.

MIAMI COUNTY IS ONLY LIKE 4,500 BUCKS.

BRIAN AND BRIAN'S LOOKING FOR A NUMBER ALL WEEKLY INTERESTS, LIKE 1 70, 1 40 $500, 1 7600.

SO 1 76 TOTAL.

I'LL VERIFY IT, BUT IT'S A, IT'S A SIX-FIGURE NUMBER.

I WILL VERIFY THAT FOR COUNSEL, RIGHT? THANK YOU.

MA'AM YES, I NEED IT.

I JUST WANT TO STAY FOR THE RECORD THAT WHAT I'M GETTING FROM MY JOB AND EVERYTHING ELSE, I WOULD LIKE FOR US TO BE VERY CREATIVE OF HOW THEY USE THIS.

MAYBE THROUGH PARKS AND REC SET, SERVING LIKE AT-RISK CHILDREN THAT MIGHT BE IN HOMES AND STUFF.

SO ONCE WE DO ACCEPT US, I HOPE WE ARE CREATIVE AND HOW WE'RE GOING TO USE THIS TO REALLY SERVE THE COMMUNITY.

[03:55:02]

OKAY.

THANK YOU.

ANY LITTLE DISCUSSION, TONY? MR. LYONS? YES.

THIS IS KITCHEN.

YES.

MR. WEBB? YES.

MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

THIS IS MR. OTTO.

YES.

MOTION CARRIES EIGHT ZERO.

THE NEXT ASSIGNMENT

[ A Resolution Authorizing The City Manager To Enter Into A Contract For The 2022 Rehabilitation Of Sewer Lines Project. (first reading)]

12.

WHY ITEM 12.

WHY A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE 2022 REHABILITATION OF SEWER LINES PROJECT AT THE FIRST THREE.

RIGHT? UH, THANK YOU, SIR.

THIS IS ANNUAL REOCCURRING LEGISLATION BEFORE THIS BONNIE, AND IT WAS RECOMMENDED THAT COUNCIL ADOPT THIS ITEM AT THE WORK SESSION LAST WEEK.

THAT WAS THE RECOMMENDATION.

IS THERE A MOTION RICHARD MOTION TO ADOPT A SECOND.

ONE SECOND.

WE HAVE A MOTION AND A SECOND.

ANY DISCUSSION? TONY MRS. KITCHEN.

YES.

MR. WEBB.

MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

YES.

THIS IS BERGE MR. OTTO.

YES.

MR. LYONS? YES.

MOTION CARRIES EIGHT TO ZERO.

AND FINALLY, OKAY.

I HAVE A QUESTION.

I AM SORRY TO INTERRUPT YOU.

I UNDERSTAND.

WE WAIVED THE OPIOID READING.

DON'T WE NEED A MOTION TO CARRY IT AS RESOLUTION.

THANK YOU.

I JUST WANTED TO CLARIFY, SORRY.

YEP.

ADAM 12,

[ A Resolution Authorizing The City Manager To Solicit, Advertise, And Receive Bids From Qualified Firms For The 2022 Water Main Replacement Program. (first reading)]

Z, I'M SORRY.

12, Z ITEM 12 Z A RESOLUTION AUTHORIZING THE CITY MANAGER TO SOLICIT, ADVERTISE AND RECEIVE BIDS FROM QUALIFIED FIRMS FOR THE 2022 WATER MAIN REPLACEMENT PROGRAM AT THE FIRST STREET, BRIAN.

UH, YES, SIR.

THIS IS THE ANNUAL REOCCURRING LEGISLATION.

BEFORE THIS BODY, WE ARE PREPARED TO RELEASE THESE ITEMS AND IT WAS THE RECOMMENDATION AT THE WORK SESSION THAT COUNCIL ADOPT THIS LEGISLATION.

YES, IT WAS THEIR MOTION.

RICHARD.

SECOND, KATE, WE HAVE MOTION A SECOND.

ANY DISCUSSION MR. WEBB? YES.

MR. SHAW.

YES.

MS. BAKER.

YES.

MR. CAMPBELL.

MRS. BERG.

STRANO YES.

MR. LYONS.

YES.

THIS IS KITCHEN.

YES.

MOTION CARRIES EIGHT TO ZERO.

NEXT

[13. City Official Reports and Comments]

UP BESIDE HIM, 13, THE CITY OFFICIAL REPORTS AND COMMENTS.

ANYBODY HAVE ANYTHING THEY WOULD LIKE TO ADDRESS? AND IN 14 THERE IS ANY, I'M JUST KIDDING.

UH, I HAVE NOT BEEN MADE AWARE THAT THERE IS A NEED FOR AN EXECUTIVE SESSION THIS EVENING, THEREFORE AT 10 0 7 AND A 4 0 7, 4 HOUR AND SEVEN MINUTE MEETING THIS CITY COUNCIL MEETING VISITOR.