Aug 21, 2023 City Council Meeting

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

[00:00:05]

GOOD EVENING EVERYONE, AND WELCOME TO THE CITY OF HUB HEIGHTS CITY COUNCIL MEETING, REGULAR SESSION.

TODAY'S DATE IS AUGUST 21ST, 2023, AND WE'RE GETTING STARTED RIGHT AT 6:00 PM UH, THIS MEETING IS OFFICIALLY CALLED TO ORDER.

UH, WE HAVE, UH, NO INDICATION THIS EVENING.

SO IF YOU WOULD STAND FOR THE PLEDGE OF ALLEGIANCE.

[2. Pledge Of Allegiance]

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE SPRAWL.

TONY, WOULD YOU CALL THE ROLE PLEASE?

[3. Roll Call]

MS. BAKER? HERE.

MR. CAMPBELL? HERE.

MRS. BURGE? HERE.

MR. OTTO? HERE.

MR. LYONS? HERE.

MRS. KITCHEN? HERE.

MR. WEBB? HERE.

MAYOR GORE HERE.

OKAY.

NEXT IS ITEM NUMBER FOUR, WHICH

[ City Council Meeting Minutes - July 24, 2023]

ITEM FOUR A IS CITY COUNCIL MEETING MINUTES FROM JULY 24TH, 2023.

THOSE MINUTES HAVE BEEN DISTRIBUTED.

ARE THERE ANY QUESTIONS, CONCERNS, COMMENTS? OKAY, SEEING NONE, THOSE MINUTES ARE APPROVED.

NEXT IS ITEM NUMBER FIVE, SPECIAL PRESENTATIONS,

[5. Special Presentations/Announcements]

MR. ROGERS.

THERE ARE NONE THIS EVENING HERE.

OKAY.

THANK YOU SIR.

NUMBER SIX.

CITIZENS

[6. Citizens Comments]

DO WE HAVE ANYTHING? THERE ARE NONE OF THOSE EITHER.

AND ITEM NUMBER SEVEN,

[7. Citizens Registered To Speak On Agenda Items]

TRIFECTA? NONE OF THOSE.

NONE OF THOSE.

OKAY.

.

ALRIGHT, NEXT UP IS ITEM NUMBER EIGHT, CITY MANAGER REPORT.

[8. City Manager Report]

UH, THANK YOU, SIR.

GOOD EVENING TO YOU AND TO COUNSEL.

UH, A COUPLE OF ITEMS, UH, FOR COUNSEL IN THE COMMUNITY THIS AFTERNOON OR THIS EVENING, UH, EARLIER TODAY, UH, MYSELF AND THE PLANNER, MR. RELL MET WITH REPRESENTATIVES, UH, AT L W C REGARDING, UH, THE SIGHTING AND LOCATION OF THE, UH, FUTURE GOVERNANCE AND SENIOR CENTER.

UH, WE HOPE TO HAVE A FINAL SIGHTING, UH, LAYOUT AND, UH, ELEVATION DRAWING TO SHOW THE, UH, CITY COUNCIL, UH, IN ANOTHER THREE WEEKS.

UH, ALSO WANNA LET COUNSEL KNOW THAT, UH, TODAY WE RELEASED THE REQUEST FOR PROPOSALS FOR THE, UH, PROPERTY WE ACQUIRED, UH, AT THE INTERSECTION OF, UH, CARRIAGE TRAILS AND, UH, BRANT, UH, BRANT PIKE.

THAT'S APPROXIMATELY 25 ACRES ON THAT.

R F P IS, UH, OPEN TO, UH, THE GENERAL COMMUNITY, UH, THROUGH NOW UNTIL SEPTEMBER 13TH, UH, AND CAN BE FOUND ON THE WEBSITE.

UH, ALSO WANNA LET, UH, COUNSEL KNOW THAT, UH, WE CONTINUE TO WORK ON THE CARRIAGE TRAILS BOULEVARD AND BRANT PIKE TRAFFIC SIGNAL ISSUE.

UH, WE, UH, NOW NEED AN UPDATED LEGAL DESCRIPTION FOR THE LAND THAT WOULD EFFECTIVELY BECOME THE NEW RIGHT OF WAY, UH, FOR, UH, THE INTERSECTION.

AND SO, UH, WE HAVE, UH, BEGUN DRAFTING THAT PARTICULAR LANGUAGE, UH, TO KEEP THAT PROCESS MOVING FORWARD.

UH, ONCE THIS PARTICULAR PIECE OF, UH, LEGAL WORK IS DONE, WE'LL BE ABLE TO HAVE, UH, TAKE THE, I GUESS THE NEXT STEP, IF YOU WILL, UH, AND MEET WITH THE AFFECTED PROPERTY OWNERS TO CONTINUE THAT PROCESS.

SO, UH, WANTED TO LET YOU KNOW THAT WE WERE MOVING FORWARD WITH THAT.

THAT, UH, ALSO WANNA LET YOU KNOW THAT THIS WEEK WE'LL BE FINISHING UP INTERVIEWS FOR THE PARK MANAGER'S POSITION.

WE'VE HAD SEVERAL VERY GOOD CANDIDATES, UM, FROM THE POOL, UH, AND WE WILL, UH, COMPLETE THOSE INTERVIEWS AGAIN THIS WEEK WITH, UH, FOLLOW UP INTERVIEWS LIKELY FOR, UH, THE FEW SELECTED FINALISTS.

UH, SPEAKING OF PARKS, ALSO WANT TO, UH, LET EVERYBODY KNOW THAT IF YOU HAVEN'T BEEN BY THE COMMUNITY CENTER, THE EXTERIOR, UH, OF THAT FACILITY OVER ON POWELL ROAD HAS BEEN PAINTED.

UH, AND NEW BASKETBALL COURT SURFACES HAVE BEEN LAID DOWN.

UH, PAINTING OF THAT BASKETBALL SURFACE WILL, UH, WILL HAPPEN IN ANOTHER FEW WEEKS, UH, TO THE INSIDE OF THE COMMUNITY CENTER.

THE CONTRACTOR WILL BEGIN STAGING, UH, WITHIN THE BUILDING LATER IN SEPTEMBER, UH, WITH A FULL GO STATUS ON THE RENOVATIONS TO BEGIN, UH, IN, UH, IN OCTOBER.

AND THEN LAST, BUT CERTAINLY NOT LEAST, UH, FINAL SIGHTING FOR THE NEW PUBLIC WORKS BUILDING IS COMPLETE.

UH, AND THAT PROJECT WILL GO TO BID LATER IN SEPTEMBER.

PENDING FINAL COMMENTS FROM MY NEXT DOOR NEIGHBOR HERE.

UH, MR. MONTGOMERY, THAT'S ALL I HAVE FOR COUNSEL THIS EVENING, UNLESS THERE ARE ANY QUESTIONS OR CONCERNS FOR ME.

THANKS, RYAN.

ANYONE HAVE ANYTHING FROM BRIAN SPECIFIC TO HIS UPDATE? OKAY.

THANK YOU.

NEXT UP, ITEM NUMBER NINE, PENDING BUSINESS TONY.

[ 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. (second reading)]

UH, BRIAN C**S.

UH, THANK YOU, SIR.

THIS, UH, LEGISLATION IS REOCCURRING LEGISLATION BEFORE THIS BODY, AND THIS EMPOWERS US TO PROVIDE FOR, UH, OUTSTANDING FEES ASSOCIATED WITH PROPERTY MAINTENANCE AND VARIOUS OTHER FUNCTIONS OF THE GOVERNMENT THAT ARE LEVIED ON BEHALF OF PROPERTY OWNERS TO BE PLACED ON THE TAX ROLL.

WE WOULD ASK THAT YOU ADOPT THIS ITEM THIS EVENING.

OKAY.

IT'S BEEN A LITTLE BIT SINCE OUR WORK SESSION, BUT THAT WAS THE RECOMMENDATION.

IS THERE A MOTION GLEN MOVE TO ADOPT? IS THERE A SECOND? NANCY? SECOND.

WE HAVE A MOTION ON SECOND.

ANY DISCUSSION? TONY? MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE?

[00:05:01]

MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MOTION CARRIES EIGHT TO ZERO.

NEXT IS ITEM NUMBER 10 UNDER NEW BUSINESS ADMINISTRATION.

ITEM 10 A 10 ITEM 10

[ A Resolution Providing For Title Sponsorship Of The Big Hoopla’s Hometown Heroes Military Appreciation Night At The Rose Music Center. (first reading)]

BRIAN? UH, THANK YOU, SIR.

AS COUNCIL'S BEEN MADE AWARE, UH, THIS YEAR THE CITY WILL BE HOSTING THE, UH, MILITARY APPRECIATION NIGHT AT, UH, THE ROSE.

UH, AS A RESULT OF OUR SELECTION FOR THAT PROCE OR FOR THAT EVENT, UH, I WOULD ASK THAT COUNCIL CONSIDER, UH, PROVIDING FOR A TITLE SPONSORSHIP SO THAT, UH, AS THE OWNERS AND OPERATORS OF THAT FACILITY, WE MIGHT BE ABLE TO PROVIDE THE, UM, UH, MILITARY MEMBERS OF OUR COMMUNITY IN THE MIAMI VALLEY WITH, UM, UH, TICKETS TO THIS EVENT SO THAT THEY CAN COME AND, UH, ENJOY OUR FACILITY.

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

IS THERE A MOTION? OKAY.

MAY MOVE TO ADOPT FOR A SECOND, ANITA.

SECOND.

HAVE A MOTION.

AND SECOND, IS THERE ANY DISCUSSION? OKAY.

TONY.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYON? YES.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MOTION CARRIES EIGHT TO ZERO.

ANNEX SAYS ITEM 10 B.

[ An Ordinance To Approve Vacating Thorngate Drive, North Of Waynegate Road, To Transfer The Remnants Of The Public Right Of Way To The Adjacent Property Owners, And To Accept The Recommendation Of The Planning Commission (Case RP 23-18). (first reading)]

BRIAN? UH, THANK YOU, MR. MAYOR.

UH, THIS PARTICULAR ITEM, UH, WOULD AGAIN VACATE, UH, A STUB OF THORN GATE DRIVE, WHICH WAS INTENDED TO BE EXTENDED BUT NEVER WAS.

UH, AND THROUGH THE COURSE OF TIME, HAD TURNED INTO A VERY LARGE OPEN, UH, WATER COLLECTION, STORMWATER COLLECTION, UM, LOCATION.

WE WOULD ASK THAT COUNCIL ADOPT THIS ITEM THIS EVENING, AS WAS THE RECOMMENDATION AT THE WORK SESSION.

YES, SIR.

IS THERE A MOTION? SO THERE IT WAS ACTUALLY, I THINK THE RECOMMENDATION WAS TO, UH, PASS IT TO HIS SECOND READING.

OH, I'M SORRY.

OH, THIS ONE MY, BUT IF YOU WANTED TO APPROVE IT TONIGHT, YOU WOULD NEED TO WAIVE THE SECOND READING.

SORRY, MY, MY APOLOGIES.

I WAS MISREADING MY CUE ON THE CARD.

UH, IT IS THE RECOMMENDATION THAT THIS ITEM TO BE MOVED.

WHEN, WHEN YOU TO A SECOND READING SHOW HOST PERSON OUT THERE HOLD UP CUE CARDS.

WELL, SO WOULD THERE BE A MOTION TO WAIVE OR WE WANNA PASS THIS TO A SECOND READING, SHALL COUNSEL DECIDE? NOT ANY HURRY ON THIS, BRIAN.

UH, NO, NOT AT ALL.

OTHER THAN MY OWN INABILITY TO READ THE, UH, CORRECT LINE AT THE CORRECT TIME.

THERE YOU GO.

OKAY, I'LL WITHDRAW.

SO WE'LL GO WITH THE MO.

WE WILL GO WITH THE RECOMMENDATION TO MOVE ITEM TO A SECOND READING.

NEXT UP IS ITEM 10 C.

[ A Resolution Authorizing The Execution Of A Development Agreement With Metro Rose, LLC. (first reading)]

RIGHT.

UH, THANK YOU, MR. MAYOR.

THIS PARTICULAR PIECE OF LEGISLATION, UH, WOULD BE THE, UH, APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN OURSELVES AND METRO ROSE.

THIS PARTICULAR PROJECT INCLUDES APPROXIMATELY 300, UH, MARKET RATE APARTMENTS DIRECTLY ACROSS THE STREET FROM, UH, THE ROSE.

IT ALSO INCLUDES A, UH, FOUR ACRE, UH, PARCEL FOR RESTAURANT PUB DEVELOPMENT.

UH, I WOULD NOTE FOR COUNCIL'S CONSIDERATION, WE ARE ACTIVELY MARKETING THAT PARTICULAR PARCEL, AND THERE IS A PENDING PROPOSAL, UH, OUT ON THAT ITEM.

NOW, UM, IN CONSIDERATION OF THAT INFORMATION AS WELL AS THE COUNCIL RECOMMENDATION, UH, IT WAS RECOMMENDED THAT COUNCIL ADOPT THIS ITEM THIS EVENING.

THAT WAS RECOMMENDATION.

IS THERE A MOTION, NANCY, I MOVE TO ADOPT.

IS THERE A SECOND? DON? I WILL SECOND HAVE A MOTION.

SECOND.

IS THERE ANY DISCUSSION, MAYOR? YES.

UH, I'D LIKE TO DISCUSS, UH, METRO ROSE, UH, AS IT RELATED TO ANY OTHER ITEMS THAT, UH, WE HAD TALKED ABOUT AND AGREED TO.

UM, I THINK WE HAD TALKED ABOUT SIGNAGE ON DIAL PARK.

YES.

AND, UH, R RICHARD, IF YOU COULD HELP ME OUT HERE.

SURE.

UM, YOU WERE HOPING TO HAVE THAT COMPLETED BEFORE THE PASSAGE OF THIS? THAT, THAT'S CORRECT.

THAT WAS FROM OUR CONVERSATIONS BACK IN MARCH AND, UH, SEVERAL CONVERSATIONS SINCE THEN.

SO ANY UPDATES ON THE SIGN? SO THE SIGN HAS BEEN ORDERED.

THE SIGN HAS BEEN DELIVERED.

I BELIEVE I HAD REPORTED AT A PREVIOUS COUNCIL MEETING THAT WE HAD GONE OUT.

I PERSONALLY WENT OUT AND MARKED THE LOCATION FOR THAT SIGN TO BE PLACED AT DIAL PARK.

THAT WAS THEN, UH, CALLED OVER TO THE SIGN COMPANY TO HAVE THAT SIGN INSTALLED.

AND THAT WAS THE, THE LAST INFORMATION THAT I HAVE ON IT.

SO, UM, IT'S, AND, AND BRIAN, IS IT A SUBLET VENDOR WHO'S INSTALLING THE SIGN? UM, IT'S OUR VENDOR WHO WE TYPICALLY USE.

I BELIEVE IT'S, UH, FAST SIGNS IS WHO'S, UM, IS WHO'S PUTTING THAT SIGN IN.

SO IT, IT'S THE SAME COMPANY THAT WE'VE ORDERED ALL OF OUR SIGNS FROM, UH, IN THE PAST, AT LEAST AS IT RELATES TO THE PARKS AND RECREATION ITEMS. OKAY.

SO RICHARD, I THINK THE AGREEMENT WAS TO HAVE THAT IN PLACE BEFORE THE PASSAGE OF THIS? THAT IS CORRECT.

AND, AND A FEW OTHER ITEMS, UH, THAT, UH, MYSELF, YOU AND, AND COUNCILMAN

[00:10:01]

OKAY.

SO, UH, WITH, WITH THAT, UH, COUNCILMAN CAMPBELL, I WOULD REQUEST, UM, UH, PASSING THIS, UH, TO AN ADDITIONAL READING, UM, OR, OR HAVING THIS VOTED ON TONIGHT.

UH, I'M, I'M GOOD EITHER WAY.

I MEAN, THERE IS A FIRST AND A SECOND ALREADY ON THE, ON THE TABLE.

UM, BUT, UH, BUT YEAH, I, I I DO EXPECT THAT, UH, THE NEGOTIATION AND THE COMPROMISE ITEMS DO GET TAKEN CARE OF, UM, NO MATTER WHAT THE OUTCOME OF THIS IS.

THAT'S CORRECT.

YEP.

OKAY.

AND, AND BRIAN, THAT SHOULD HAPPEN.

WHEN, WHEN SHOULD THE, UH, SIGN BE COMPLETED? UM, I'LL HAVE TO, WELL, I, I'LL HAVE TO FOLLOW UP WITH THE PUBLIC WORKS MANAGER WHO IS THE ONE THAT'S BEEN COORDINATING THAT.

BUT, YOU KNOW, UH, WE CONTINUE TO ADVANCE ALL, ALL OF THE ITEMS THAT WE WERE ASKED TO ADVANCE BASED ON THE CONVERSATIONS THAT WE'VE HAD.

UH, RECOGNIZE THAT SOME TIME TABLES AREN'T AS AS QUICK AS WE WOULD LIKE THEM TO BE.

BUT, UM, SEVERAL OF THE ITEMS I REPORTED ON IN THE MANAGER'S REPORT WERE ALSO PART OF, UH, THAT LIST.

SO, UH, WE ARE VERY CONSCIENTIOUS AND THOUGHTFUL OF THE, THE CONVERSATION THAT HAPPENED, I BELIEVE IT WAS BACK IN APRIL.

SO WE, UH, WE CONTINUE TO TRY AND ADVANCE THESE, UM, AS BEST WE CAN.

SO, UM, I'M HAPPY TO FOLLOW UP WITH, UH, THE PUBLIC WORKS MANAGER TOMORROW TO, TO FIND OUT WHERE WE ARE WITH THE ACTUAL INSTALLATION DATE FROM, UH, FROM THE SIGN COMPANY.

SO RICHARD, NO MATTER THE OUTCOME OF THIS, YOU KNOW, STAND COMMITTED TO YOU TO MAKE SURE THAT SIGN DOES GET INSTALLED, UH, I APPRECIATE THAT.

THANK YOU.

ANY OTHER DISCUSSION? GLEN? I WOULD LIKE TO SAY MR. CAMPBELL, I APPRECIATE YOU BRINGING THAT UP.

UM, BUT, UM, BRIAN, I THINK, UH, A PARK IS MORE THAN JUST A SIGN AND I THINK IT WAS AGREED A LOT MORE THAN JUST A SIGN.

SO I'VE SEEN NO MOVEMENT ON THAT PARK.

AS A MATTER OF FACT, I GET RAZZED BY MR. SHAW CONSTANTLY ASKING ME IF I'VE SEEN THE NEW STUFF AT THE PARK ALL THE TIME.

UM, SO I EXPECT A WHOLE LOT MORE THAN A SIGN PERSONALLY, SO, BUT THANK YOU MR. CAMPBELL.

I APPRECIATE THAT.

THANK YOU ANY, HUH? ANY OTHER DISCUSSION? TIME? MRS. BURGE? YES.

MR. AUTO? NO.

MR. LYONS? NO.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? NO.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MOTION CARRIES FIVE TO THREE.

NEXT UP IS ITEM 10 D.

[ A Resolution Authorizing An Amendment To A Lease For CR Dayton Unit #9 Addressed As 6061 Brandt Pike. (first reading)]

UNIT NUMBER NINE, ADDRESSED AS 6 0 6 1.

GRANT PIKE.

THE FIRST READING RIGHT.

UH, THANK YOU MR. MAYOR.

THIS PARTICULAR PIECE OF LEGISLATION AUTHORIZES THE AMENDMENT TO AN EXISTING LEASE.

UH, THIS IS FOR POSH SALON AND THIS WILL ALLOW US TO, UH, ENTER INTO OUR DISCUSSIONS WITH HER TO RELOCATE HER FROM THE, UH, NORTH BUILDING, WHICH IS SCHEDULED TO BE RAISED, UH, TO THE SOUTH BUILDING.

UH, THIS IS ONE OF THE COMPONENTS NECESSARY TO COMPLETE THE TASK TO RENOVATE, UH, THIS, UH, THE SOUTH BUILDING AND, UH, RAISE THE NORTH BUILDING.

WE WOULD ASK THAT COUNCIL, ADOPT THIS LEGISLATION THIS EVENING.

AND WHAT WAS THE RECOMMENDATION? IS THERE A MOTION? DON? I WILL MOVE.

IS THERE A SECOND? KATE? SECOND.

WE HAVE A MOTION.

AND SECOND, IS THERE ANY DISCUSSION ON THE LEASE, DON? I DO.

UH, UH, BRIAN, CAN YOU GIVE US YOUR BEST GUESS AT A TIMELINE AS TO THE MOVEMENT OF THE TENANT AND SO FORTH? UM, SO WE HAD A, UH, CONFERENCE CALL ON FRIDAY MORNING ABOUT, UH, THAT VERY STATUS ABOUT WHAT WE WERE GONNA DO AND HOW WE WERE GONNA GO ABOUT DOING IT.

UM, AND REALLY THE HANGUP IS US BEING ABLE TO EXECUTE THIS LEASE OR THIS AMENDMENT.

AND THEN ONCE WE EXECUTE THIS AMENDMENT, WE'LL BE ABLE TO SIT DOWN WITH, UH, THE OWNER AND TALK ABOUT ALL OF THE VARIOUS COMPONENTS OF WHAT, UH, THE RELOCATION AND THE NEW SPACE WOULD LOOK LIKE.

UM, SHE'LL BE MOVING FROM A LARGER SPACE TO A SMALLER SPACE, SO WE NEED TO MAKE SOME OTHER CONCESSIONS AND CONSOLIDATION OR OTHER CONCESSIONS, UH, WITH REGARD TO HER INITIAL LEASE.

BUT WE'RE NOT AUTHORIZED TO HAVE THOSE DISCUSSIONS BECAUSE WE HAVEN'T PASSED THIS PARTICULAR PIECE OF LEGISLATION.

UH, WE ARE ABLE TO MOVE FORWARD IN THE BRI BIGGER SENSE.

SO PERMITTING IS IN, IN PROCESS, UH, DOWN AT THE COUNTY.

UH, THE, UH, THE CONTRACTOR IS BEGINNING TO ORDER THE VARIOUS SUPPLIES AND PRODUCTS THAT THEY NEED SO THAT THEY CAN BEGIN, UH, WORK, UH, ON SITE.

I BELIEVE IT IS THE FIRST FULL WEEK IN SEPTEMBER IS WHEN THEY'RE EXPECTED TO BE THERE.

OKAY.

THANK YOU.

ANY OTHER DISCUSSION? OKAY, ATTORNEY.

MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? NO.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BERG? YES.

MOTION CARRIES SEVEN TO ONE.

NEXT UP IS ITEM 10 E.

[ A Resolution Authorizing The City Manager To Solicit, Advertise, And Receive Bids From Qualified Firms For The Construction Of The Fishburg Road Improvement Project. (first reading)]

FIRST READING BRIAN COMMENTS? UH, THANK YOU, SIR.

UH, THIS PARTICULAR LEGISLATION IS TO,

[00:15:01]

PARDON ME? UH, YEAH, I'M SORRY.

THIS IS FOR, UH, THE WIDENING OF FISHBURG ON THE SOUTH SIDE BETWEEN TOMBERG AND ROY PIKE.

IT IS THE LAST REMAINING SECTION, UH, OF FISHBURG, WHICH IS, UH, YET TO BE WIDENED BETWEEN ROY PIKE AND UH, BRAND PIKE.

WE WOULD ASK THAT COUNCIL AUTHORIZE THIS LEGISLATION SO THAT WE CAN PROCEED WITH THIS PROJECT IN A TIMELY MANNER AS IT IS, UH, FUNDED THROUGH ISSUE TWO GRANT FUNDS.

THANK YOU.

IS THERE A MOTION? NANCY? MOVE HIDA.

SECOND.

WE HAVE A MOTION.

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

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OT? YES.

MOTION CARRIES EIGHT TO ZERO.

NEXT IS ITEM 10 F ITEM

[ A Resolution Declaring The Necessity Of Repairing Sidewalks, Curbs, Gutters, Driveway Approaches And Appurtenances Thereto On Portions Or All Of Certain Streets In The 2024 Sidewalk Program, Providing That Abutting Owners Repair The Same. (first reading)]

AND THE 2024 SIDEWALK PROGRAM PROVIDING THAT ABIDING ELDERS REPAIR THE SAME AT THE FIRST READING.

BRIAN? UH, THANK YOU SIR.

THIS IS AN ANNUAL REOCCURRING LEGISLATION BEFORE THIS BODY IN SUPPORT OF, UM, ITS CONCRETE, UH, SIDEWALK REPLACEMENT PROGRAM.

WE WOULD ASK THAT THIS PARTICULAR ITEM, UH, BE ADOPTED THIS EVENING, UH, SO THAT, UH, THIS PROGRAM CAN CONTINUE ON SCHEDULE, UH, FOR THE 2024 CONSTRUCTION SEASON.

THANKS, BRIAN.

THAT WAS THE RECOMMENDATION.

IS THERE A MOTION, GLENN? SO MOVED.

IS THERE A SECOND? KATE? SECOND MOTION.

AND SECOND, IS THERE ANY DISCUSSION? YES, ANITA, BRIAN, CAN, CAN YOU SEND A LETTER THAT GOES OUT TO RESIDENTS ABOUT THIS? BECAUSE I REMEMBER WHEN MINE GOT DONE, IT GAVE SUCH A SHORT TIME.

'CAUSE WE'RE AT THE END OF KIND OF THE SEASON FOR THEM TO CHOOSE TO HAVE IT DONE LIKE DURING THIS SEASON.

AND IT'S LIKE THEY HAVE TO HAVE IT DONE.

I REMEMBER IT WAS SOMETHING LIKE MARCH.

SO IT DIDN'T REALLY GIVE YOU TIME TO TRY TO GET SOMEBODY ELSE TO DO THAT.

AND I DON'T KNOW IF THAT'S STILL THE CASE.

SO I'M WONDERING IF WE SHOULD LOOK AT MAYBE MOVING UP, YOU KNOW, SO IF THEY WANT TO TRY TO GET SOMEBODY ELSE NOT USE US, THEY HAVE TIME TO DO IT DURING THE BEFORE, YOU KNOW, WE COME IN AND DO IT.

GOTCHA.

OKAY.

RIGHT.

DON'T THEY HAVE A WHOLE YEAR TO RESPOND TO THIS? NO.

UM, WELL, THEY, THEY HAVE UNTIL YES.

BUT KEEP IN MIND THAT A PORTION OF THE SEASON, UM, IS ALSO GOING TO BE IN THE WINTER MONTHS WHEN, UM, BASED ON WHERE WE ARE WITH THE NOTICE, UM, THEY MIGHT NOT BE ABLE TO GET CONTRACTORS TO RESPOND IN A TIMELY MANNER BEFORE WE INITIATE THE PROCESS, UM, OF, OF OUR OWN ACCORD.

SO I'LL HAVE A CONVERSATION WITH THE ENGINEER.

I WILL CONFIRM WHAT THE NOTICE LETTERS ARE IN THE REQUIREMENT AS WELL AS WHAT THE ADVANCED TIMELINES ARE, UH, TO MAKE SURE THAT WE'RE BEING, UH, AS THOUGHTFUL AND AS, UM, MINDFUL OF THE TIMELINES FOR BOTH OURSELVES AND FOR CITIZENS, UH, SO THAT IN THE FUTURE WE DON'T HAVE, UM, IN THE FUTURE WE CAN MAKE SURE THAT WE'VE, WE'VE THOUGHT OF ALL OF THOSE CONCERNS IN GIVING OUR RESIDENTS THE BEST OPTION ON HOW TO ADDRESS THIS.

SO WE'LL, WE'LL FOLLOW UP ON BOTH COUNTS.

OKAY.

THERE'S NOTHING PREVENTING A CITIZEN FROM GETTING A BID OVER THE WINTER OR SPRING.

UH, CORRECT.

YEAH.

CORRECT.

ANY OTHER DISCUSSION? I THOUGHT I NEEDED, GO AHEAD.

UM, SO AGAIN, READING THIS, SO I'M READING FOUR MONTHS IS BASICALLY THE NOTIFICATION WE'RE GONNA BE GIVING HERE.

CORRECT? DO YOU HAVE A COMMENT ON THAT? WELL, I MEAN, AS I SAID, I REMEMBER WHEN I GOT IT, BUT MINE WAS LIKE 18 OR 19.

SO I DON'T KNOW IF IT'S CHANGED DURING THAT TIME.

BUT, YOU KNOW, BY THE TIME I GOT IT, IT WAS LIKE SEPTEMBER AND TO CALL AND DO THAT, I WAS NOT GONNA BE ABLE TO GET SOMEBODY IN BY YOUR DEADLINES AT THE CITY, IS WHAT I'M SAYING.

'CAUSE IT WAS SO LATE IN THE SEASON.

SURE.

NOW AND RECOGNIZING THAT PROBABLY, YOU KNOW, IF YOU'RE A RESIDENT WHO ONLY HAS ONE OR TWO PANELS, THAT PERHAPS MAYBE THAT'S NOT ENOUGH TO REALLY ENTICE SOMEONE TO COME OUT AND DO, DO THAT KIND OF WORK.

UM, FINDING BIDS MIGHT BE A LITTLE BIT FINDING A, A BIDDER TO RESPOND, UH, MIGHT BE A LITTLE BIT MORE DIFFICULT.

SO, WE'LL, LIKE I SAID, WE'LL TALK WITH THE ENGINEER AND WE'LL, UH, WE'LL LOOK AT THOSE TIMELINES AND UH, WE'LL REPORT BACK ON, ON WHAT WE THINK WHETHER OR NOT WE'RE DOING IS THE BEST WAY TO DO IT OR WHETHER OR NOT THERE'S A BETTER WAY TO DO IT.

WE'LL, WE'LL COME BACK WITH THAT INFORMATION.

OKAY.

ANY OTHER DISCUSSION? TONY? MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MR. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

[00:20:01]

NEXT UP IS ITEM 10 G.

ITEM 10

[ A Resolution Amending Resolution No. 2021-R-7055 To Increase The Not To Exceed Amount For The Design Of The East Sanitary Sewer Extension Project. (first reading)]

RIGHT.

UH, THANK YOU.

UH, THIS PARTICULAR MEASURE IS BEING ASKED FOR, UH, TO PROVIDE SOME ADDITIONAL FUNDS, UH, FOR THE, UH, ENGINEERING OF, UH, OUR PUMP STATIONS ASSOCIATED WITH THIS PROJECT, UH, TO MAKE SURE THAT, UH, THEY ARE APPROPRIATELY DESIGNED, UH, TO CARRY THE, UH, THE NECESSARY CAPACITY AND FLOW AS PART OF THIS PROJECT.

UH, WAS THE RECOMMENDATION THAT THIS ITEM BE ADOPTED THIS EVENING? IS THERE A MOTION KATE, MOVE TO ADOPT FOR A SECOND, DON.

I WILL SECOND.

I HAVE A MOTION THEN SECOND.

IS THERE ANY DISCUSSION ON THIS ITEM DONE? MR. WEBB? YES.

MR. SHAW? NO.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. RADO? NO.

MR. LYONS? NO.

MRS. KITCHEN? UH, NO.

UH, WE HAVE A FOUR FOUR SPLIT.

SO MARY, YOU GET TO CAST THE DECIDING VOTE.

YES.

I VOTE YES.

MOTION CARRIES FIVE TO FOUR.

NEXT IS ITEM 10 H.

[ A Resolution Authorizing The City Manager To Enter Into A Contract For The Design Of The Powell Road S Curve Realignment Project And Waiving The Competitive Bidding Requirements. (first reading)]

BRIAN? UH, THANK YOU SIR.

UH, THIS PARTICULAR PIECE OF LEGISLATION WOULD INDEED ALLOW US TO ENTER INTO A DESIGN CONTRACT, UH, FOR THE S-CURVE ON POWELL ROAD.

UH, THIS IS A PROJECT THAT HAS, UH, FUTURE GRANT FUNDING, UM, ABILITIES.

AND WE WOULD ASK THAT COUNCIL, ADOPT THIS PARTICULAR MEASURE THIS EVENING SO THAT WE CAN BE, UH, IN A PLACE TO APPLY FOR THOSE GRANT FUNDS IN THE FUTURE.

THANKS, RYAN.

THAT WAS THE RECOMMENDATION.

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

GLENN SECOND.

WE HAVE A MOTION AND A SECOND.

ANY DISCUSSION, ANITA? I MEAN, WE ABSOLUTELY HAVE TO WAIVE COMPETITIVE BIDDING TO GET THIS.

SO, UM, YEAH, THIS PARTICULAR MEASURE, IT'S ABOUT BEING ABLE TO HAVE THE MATERIAL AVAILABLE AT THE TIME OF THE GRANT CYCLE.

SO IT'S NOT THAT WE'RE CHOOSING 'CAUSE WE DON'T WANT TO, IT'S THAT WE'RE UNDER TIMELINES OR TIME CONSTRAINTS WE COULD BID.

UM, AND IF WE MISS THE CYCLE THIS TIME AROUND, THEN I GUESS WE'LL MISS THE APPLICATION CYCLE THIS TIME AROUND.

ANY OTHER DISCUSSIONS? OKAY.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. VERGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN? NO.

MR. WEBB? YES.

MOTION CARRIES SEVEN TO ONE.

NEXT IS ITEM 10 I,

[ A Resolution Authorizing The City Manager To Award A Bid For Services Related To The Replacement And Repair Of City Property Located At Thomas Cloud Park At Shelter #1 Located At 4707 Brandt Pike For The City Of Huber Heights Parks And Recreation Division. (first reading)]

LOCATED AT THOMAS CLOUD PARK AT SHOULDER NUMBER ONE, LOCATED AT 4 7 0 7 BRANT PIKE FOR THE CITY OF HUBER HEIGHTS, PARKS AND RECREATION DIVISION.

AT THE FIRST READING, BRIAN? UH, THANK YOU SIR.

THIS WAS DISCUSSED AT THE WORK SESSION.

THIS IS TO AUTHORIZE THE CITY TO, UH, MOVE FORWARD WITH THE REPLACEMENT OF THE SHELTER, UH, ONE ROOF, UH, AT TOM CLOUD PARK.

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

IS THERE A MOTION, RICHARD? MOTION TO ADOPT.

OKAY.

SECOND.

I HAVE A MOTION.

SECOND.

ANY DISCUSSION ON THIS ONE? GLENN? I JUST HAD SOME QUESTIONS.

UM, I HAD NOTICED ON THE PROPOSAL FOR MAXIM THAT, UM, IT LISTED THE ON PAGE ONE, IT LISTED TOTAL PRICE, LABOR AND MATERIALS, UH, 35 3 50, WHICH FALLS INTO THE 39 THAT WE'RE LOOKING TO DO TONIGHT.

UNDER THE NOTES, IT MENTIONS PREVAILING WAGES ARE EXCLUDED.

WILL WE NEED TO BE PAY? WILL IT HAVE TO INCLUDE PREVAILING WAGE FOR THE PROJECT? UH, WOULD THAT INCREASE IT? IT DOES NOT MEET THE THRESHOLD.

OKAY.

AND THEN THE LAST QUESTION I HAVE IS PAGE TWO THEN SHOWS TOTAL PRICE OF LABOR AND MATERIAL.

44,750.

THAT'S A MARKED DIFFERENCE FROM 35,000.

AND THE 39 THAT WE'RE VOTING ON WOULD NOT EVEN COVER THAT.

THAT KIND OF THREW ME.

SO ON PAGE TWO IS A QUOTE FROM, AH, SURGILL.

MY BAD.

PAGE ONE IS MAXIMUM ROOFING, WHICH IS THE LOW BIDDER.

FAIR ENOUGH.

OKAY.

APOLOGIES.

I WENT THROUGH A LITTLE QUICK, I SUPPOSE.

THANK YOU.

SURE.

CAN I FOLLOW UP? YEAH.

BRIAN, WHAT IS THE THRESHOLD FOR PREVAILING WAGE? I THOUGHT IT WAS LIKE 25 OR 35.

UH, IT DEPENDS ON THE PARTICULAR MEASURE.

I'LL, I'LL HAVE TO LOOK AT THE STATUTE, BUT I'LL FOLLOW UP WITH YOU TOMORROW TO LET YOU KNOW.

THANK YOU.

SURE.

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

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

[00:25:01]

MR. WEBB? YES.

MR. SHAW? YES.

MOTION CARRIES EIGHT TO ZERO.

AND FINALLY ITEM 10 J.

[ A Resolution Amending The Contract Between The City Of Huber Heights And Total Tennis, Inc. For Services Related To Providing For The Repair And Refurbishment Of The City’s Pickleball Courts. (first reading)]

RIGHT.

UH, THANK YOU MR. MAYOR.

THIS PARTICULAR ITEM WOULD PROVIDE FOR, UH, AN AMENDMENT TO THE CURRENT PROJECT WE HAVE WITH, UH, TOTAL TENNIS, UH, TO ALLOW FOR THE ADDITIONAL FOUR FEET TO MAKE THE ENTIRE PLAYING AREA, UH, COMPLIANT WITH THE, UH, PICKLEBALL ASSOCIATION RULES AND REGULATIONS RATHER THAN JUST THE, UH, METRICS OF THE, THE COURT ITSELF.

SO, UH, IT WAS THE RECOMMENDATION OF THE COUNCIL AT THE, UH, WORK SESSION THAT THIS ITEM BE ADOPTED THIS EVENING.

IS THERE A MOTION, RICHARD? MOTION TO ADOPT KATE.

SECOND.

WE HAVE A MOTION.

AND SECOND, ANY DISCUSSION, GLENN? I JUST REALLY QUICK, I'LL SAY I'M VERY HAPPY TO HEAR, AND I HOPE IT'LL BE SOON THAT WE'LL BE ABLE TO SEE THOSE PICKLEBALL COURTS AND THEIR, AND THEIR FULL GLORY READY TO, UH, HOST TOURNAMENTS AND, UH, BRING LOTS OF PEOPLE INTO PLAY ON.

SO, THANKS, GLEN.

ANYTHING ELSE? TONY? MR. CAMPBELL? YES.

MRS. S? YES.

MR. OTTO? YES.

MR. LYONS? YES.

MRS. KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MOTION CARRIES EIGHT TO ZERO.

NEXT IS ON NUMBER 11, CITY

[11. City Official Reports And Comments]

MAYOR.

THANK YOU.

UH, BRIAN, UM, THE F O P CONTRACT SINCE WE HAVE, UH, BACK FROM FACT FINDERS AND THEN COUNCIL VOTED THAT DOWN, UH, WE'VE SINCE MOVED FORWARD WITH THAT AND THEN, UH, ADDED THAT TO ALL OF THE UNIONS AND THE EMPLOYEES IN THE CITY.

CORRECT.

SO WE HAVE NOT MOVED FORWARD WITH ANY PARTICULAR MEASURE BECAUSE WE DO NOT YET HAVE THE CONCILIATOR REPORT BACK.

IT IS DUE THIS WEEK, THE CONCILIATOR REPORT? CORRECT.

OKAY.

WOULD YOU PLEASE EXPAND ON THAT WHILE WE'RE WAITING ON THAT? SO, BECAUSE THE, BECAUSE THE CITY AND THE UNION AGREED TO PROCEED WITH CONCILIATION, WITH BOTH PARTIES FILING THE FACT FINDERS REPORT AS THEIR LAST BEST OFFER BY STATUTE, THE CONCILIATOR NEEDS TO WRITE AND SUBMIT THEIR REPORT.

AND UPON WRITING AND SUBMITTING THAT REPORT, THAT REPORT BECOMES THE CONTRACT.

THERE IS NO VOTE BY THE CITY COUNCIL.

THERE IS NO RATIFICATION BY THE UNION.

IT BECOMES THE CONTRACT BASED ON, UH, THE CONCILIATION HEARING THAT WE HAD, UM, EARLIER IN THE MONTH.

UH, THE CONCILIATOR COMMITTED TO HAVE THE REPORT TO US THIS WEEK, AND ONCE WE HAVE THAT REPORT, UH, THEN THAT WOULD BECOME, UH, PART OF THE, UH, THEN THAT WOULD BECOME THE CONTRACT.

ONCE THAT BECOMES THE CONTRACT, WE'LL BE ABLE TO MOVE FORWARD WITH, UH, THE SERGEANTS AND THE, UM, LIEUTENANT'S CONTRACTS, WHICH ARE DERIVATIVES OF THE PATROL CONTRACT AS A PERCENTAGE OF WAGES.

UH, AND, UH, THAT IS A MATTER THAT WE WILL BE DISCUSSING WITH CITY COUNCIL TOMORROW AT THE WORK SESSION AS WE HAD REVIEWED IT PREVIOUSLY WITH YOU IN EXECUTIVE SESSION, UH, AT THE LAST WORK SESSION.

OKAY.

THANK YOU BRIAN.

MR. MONTGOMERY, UH, WERE YOU TUNING INTO THAT CONVERSATION? UH, SORRY ABOUT THAT.

.

YES, I MEAN, I'M FOLLOWING ALONG IF, I MEAN, JUST TO REFRESH EVERYONE'S MEMORY, THE CITY HAS SEPARATE LABOR COUNCIL OUTSIDE OF OUR FIRM SPECIFIC TO THIS.

SO I'M ON THE FRINGES OF THIS PROJECT, SO TO SPEAK, BUT I UNDERSTAND EVERYTHING BRIAN SAID AND CONCUR WITH WHAT HE SAID.

OKAY.

AND THAT'S, THAT'S WHAT I WAS LOOKING FOR.

JUST NOT QUESTIONING BRIAN, BUT IF I'M ASKING FOR LEGAL OPINION, I, I WOULD LIKE TO HEAR FROM THE LAWYER, ALTHOUGH I'M SURE BRIAN IS VERY WELL VERSED, BUT THANK YOU BOTH VERY MUCH.

I APPRECIATE THAT.

SURE.

ANYTHING ELSE, ANITA? I WANNA THANK THE HUBER SCHOOLS.

I WENT TO THE CONVOCATION, UM, LAST WEEK AND I MEAN, JUST A WARM WELCOME.

GLAD THAT I CAN MAKE IT AND WORK WITH THE SCHOOLS AND, UM, HOPE THAT THEY HAVE A GREAT SCHOOL YEAR.

THANK YOU.

ANYTHING ELSE? OKAY.

UH, WE DO HAVE TO, UH, WORK AROUND OUR, UH, TOMORROW EVENING.

SO I THINK THERE'S BEEN SOME, UH, EMAIL TRAFFIC REGARDING HOW MANY PEOPLE ARE GOING TO NOT BE AT THE WORK SESSION TOMORROW NIGHT, UH, BASED ON THE MEETING THAT'S HAPPENING AT THE, UH, ATHLETIC FOUNDATION BUILDING.