CITY OF HUBER HEIGHTS STATE OF OHIO City Council Meeting Regular Session - Hybrid In-Person/Remote Meeting May 24, 2021 7:00 P.M. City Hall - Council Chambers - 6131 Taylorsville Road
1. Call The Meeting To Order - Mayor Jeff Gore
2. Invocation - Pastor Randy Griffith Of The Free Methodist Church At 6875 Old Troy Pike, Huber Heights, Ohio
3. Flag Ceremony - Wayne High School Junior ROTC Honor Guard
4. Pledge Of Allegiance
5. Roll Call
6. Approval Of Minutes
A. City Council Meeting Minutes - May 10, 2021
7. Special Presentations/Announcements
A. LGBTQ Pride Month Mayoral Proclamation Presentation – Mayor Jeff Gore
8. Citizens Comments
9. Citizens Registered to Speak on Agenda Items
10. City Manager Report
11. Pending Business
12. New Business
CITY COUNCIL Anthony Rodgers, Clerk of Council
A. A Public Hearing Scheduled For May 24, 2021 By The Huber Heights City Council For Zoning Case 21-11. The Applicant Is Carolyn Takacs. The Applicant Is Requesting Approval Of A Rezoning From I-1 (Light Industrial) To PR (Planned Residential District) For 1.01 Acres Located At 4401 Taylorsville Road And Further Identified As Parcel ID Numbers P70 04009 0030 And P70 04009 0072 On The Montgomery County Auditor’s Tax Map.
ADMINISTRATION Scott Falkowski, Interim City Manager
B. An Ordinance To Approve A Rezoning From I-1 (Light Industrial) To PR (Planned Residential District) For 1.01 Acres Located At 4401 Taylorsville Road And Further Identified As Parcel ID Numbers P70 04009 0030 And P70 04009 0072 On The Montgomery County Auditor’s Tax Map (Zoning Case 21-11). (first reading)
C. A Resolution Authorizing The City Manager To Enter Into A Contract With Dempsey Waste Systems, II DBA Republic Services Of Dayton For Citywide Solid Waste Collection And Disposal Including Services For Trash, Recycling And Yard Waste For Residential Dwellings. (first reading)
D. A Resolution Approving The City Of Huber Heights Five-Year Capital Improvement Plan For 2022-2026. (first reading)
E. An Ordinance Amending Ordinance No. 2020-O-2453 By Making Supplemental Appropriations For Expenses Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2021 And Ending December 31, 2021. (first reading)
F. A Resolution Declaring It Necessary To Improve Public Streets And Easements In Windbrooke Section 3 (Parcel Two - Phase 2) By Constructing And Installing On Certain Property Within The City Street Improvements, Including Subbase, Concrete Curb/Gutter With Drainage, Asphalt, Street Lights And Signs, Along With All Necessary Appurtenances. (first reading)
G. An Ordinance Determining To Proceed With The Improvement Of Public Streets And G. An Ordinance Determining To Proceed With The Improvement Of Public Streets And Easements In Windbrooke Section 3 (Parcel Two - Phase 2) By Constructing And Installing On Certain Property Within The City Street Improvements, Including Subbase, Concrete Curb/Gutter With Drainage, Asphalt, Street Lights And Signs, Along With All Necessary Appurtenances. (first reading)
13. City Official Reports and Comments
14. Executive Session
15. Adjournment
AI-7636 Minutes A. City Council Meeting Meeting Date: 05/24/2021 Approval of Minutes - 5/10/21 Submitted By: Anthony Rodgers Department: City Council Council Committee Review?: None Date(s) of Committee Review: N/A Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ N/A Resolution No.:
Agenda Item Description or Legislation Title City Council Meeting Minutes - May 10, 2021
Purpose and Background Approval of the minutes from the May 10, 2021 City Council Meeting.
Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: There are no financial implications to this agenda item.
Attachments Minutes
Huber Heights City Council
In Council Chambers 6131 Taylorsville Road May 10, 21
1. The Huber Heights City Council met in a Regular Session on May 10, 2021 by Hybrid In-Person/Remote Meeting. Mayor Jeff Gore called the meeting to order at 7:06 p.m.
2. The Invocation was given by Pastor Randy Griffith Of The Free Methodist Church At 6875 Old Troy Pike, Huber Heights, Ohio.
3. Pledge of Allegiance
4. Roll Call Councilmembers present for this meeting were Richard Shaw (In Person), Kathleen Baker (In Person), Mark Campbell (In Person), Nancy Byrge (Remote), Glenn Otto (In Person), Ed Lyons (Remote), Andy Hill (Remote), Don Webb (In Person), and Mayor Jeff Gore (In Person). Mrs. Byrge experienced technical sound difficulties and her response could not be heard, but she was visible on the monitor during Roll Call.
5. Approval of Minutes A. City Council Meeting Minutes – April 26, 2021
6. Special Presentations/Announcements A. Presentation Of Newly Hired Police Officers Within The Police Division – Police Chief Mark Lightner And Mayor Jeff Gore. Police Chief Mark Lightner said a couple of the police officers were hired approximately a year ago, but due to pandemic restrictions, he was not able to introduce everyone to Council at that time.
Police Chief Lightner introduced Officer James Champ who was hired March 2, 2020. He said he graduated from Lewis Cass High School in Walton, Indiana, attended Tennessee Technological University majoring in Criminal Justice, attended the Knox County Sheriff’s Office Regional Training Academy in Tennessee, and was hired in 2018 as a Police Officer in Harriman, Tennessee. He said he attended the Clark State Community College Police Academy in 2020.
Police Chief Lightner introduced Officer Justin Jenks who was hired October 19, 2020. He said he graduated from Wayne High School and attended Sinclair Community College before he enlisted in the United States Army where he served as a combat medic. He said he moved back to Ohio and attended the Police Academy and worked three years with the Miami County Sheriff’s Office before coming to work in Huber Heights.
Police Chief Lightner introduced Officer Gabrielle Cahill who was hired November 2, 2020. He said she graduated from Centennial High School in 2013 and moved back to Ohio and attended the Sinclair Community College Police Academy in 2017. He said she worked for Miami Valley Hospital for one year and was hired by the New Lebanon Police Division.
Police Chief Lightner introduced Officer Joseph Sanchez who was hired February 8, 2021 and completes his training this week. He said he graduated from Wayne High School in 2015, attended Clark State Community College on a baseball scholarship, and received an Associate Degree in Criminal Justice. He said he transferred to Wright State University, attended the Clark State Community College Police Academy, and worked for the Springfield Police Division before coming to Huber Heights.
All of the Police Officers were sworn in by Police Chief Mark Lightner.
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Huber Heights City Council
In Council Chambers 6131 Taylorsville Road May 10, 21
B. National Police Week Mayoral Proclamation Presentation To The Huber Heights Police Division - Mayor Jeff Gore
Mayor Gore read the proclamation and presented it to Police Chief Mark Lightner. He said he appreciates all the Police Division does in making this community the safe community it is. Police Chief Mark Lightner said police work has changed a lot in 34 years. He said now is one of the toughest times to be a police officer and he said he gives the new hires a lot of credit for doing what they do. He said it is a tough job and a lot of times they get double and triple guessed. He said he appreciates everything the men and women of the City’s Police Division do. He said a lot of members of this Police Division have left cities in the area to come here, but in his 34 years here no one has left the Huber Heights Police Division to go to a neighboring city.
C. Mayoral Proclamation Presentation to Pam Byrd - Mayor Jeff Gore. Mayor Gore said Ms. Pam Byrd has been a staple in the Huber Heights City Schools for 42 years and she will be retiring on Thursday. He said he could not be more honored than to present this proclamation. He read the proclamation and presented it to Pam Byrd.
Ms. Byrd thanked Mayor Gore and said this 42 years has been a blessing and never a dull moment. She said it has been an honor.
7. Citizens Comments
Frank Wylie said he wanted to follow up on the Town Hall Meeting that Mayor Gore and Police Chief Mark Lightner held last month regarding traffic. He said there was a mention that this topic could be brought in front of Council to discuss if there was anything that could be done to help the Police Division by giving the Police Division extra resources. He asked if there are any current ideas of what could be coming to see how the Police Division can be helped for safer streets out there.
Mayor Gore said the City has been hiring and the City is now at 54 police officers. He said Council has always been open to anything the Police Chief needs when it comes to public safety.
Frank Wylie said there was discussion about not having a Traffic Division in particular, and there were budget considerations, and he wanted to see if anyone had thoughts or ideas about how to create a Traffic Division. He said police officers really cannot be dedicated to controlling the congested areas and high-speed areas such as Old Troy Pike and Brandt Pike and some of the neighborhoods brought up in conversation.
Mayor Gore said the City will start discussions around the Capital Improvement Plan which is the beginning of budget discussions going into next year, so a Traffic Division is certainly something that can be talked about from a budgeting perspective. He said he hoped the residents watched the Town Hall Meeting and are taking to heart some of the things the Police Chief said.
8. Citizens Registered to Speak on Agenda Items
Karen Powell said there was one citizen registered to speak on Item 11-E.
9. City Manager Report Interim City Manager Scott Falkowski said one project that has been talked about is the Brandt Pike and Chambersburg Road intersection. He said the work on the sidewalks and crosswalks with the brick pavers began today. He said David Heckler
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Huber Heights City Council
In Council Chambers 6131 Taylorsville Road May 10, 21
from Tri-Cities is retiring at the end of this month. He said a new General Manager will be coming on board, and he will be brought in to meet Council when appropriate. He said this Saturday is the Lou Brown Memorial Street Dedication at Nebraska Avenue and Brandt Pike. He said the dedication is at 11:00 a.m. and participants will meet in the old Family Video parking lot.
10. Pending Business
A. An Ordinance Approving The Editing And Inclusion Of Certain Ordinances And/Or Resolutions As Parts Of The Various Component Codes Of The City Code Of Huber Heights, Ohio; Providing For The Adoption And Publication Of New Matter In The Updated And Revised City Code As Supplement 7; And Repealing Ordinances And Resolutions In Conflict Therewith. (second reading) Deputy Clerk of Council Karen Powell said this item is to approve Supplement 7 to the City Code at the second reading and she asked for adoption of this item this evening.
Mayor Gore said the Council Work Session recommendation was to adopt this item this evening.
Mr. Campbell moved to adopt; Mr. Shaw seconded the motion. On a call of the vote, Ms. Baker, Mr. Campbell, Mrs. Byrge, Mr. Otto, Mr. Lyons, Mr. Hill, Mr. Webb, and Mr. Shaw voted yea; none voted nay. The motion passes 8-0.
11. New Business CITY COUNCIL Karen Powell, Deputy Clerk of Council
A. A Motion To Direct The Clerk Of Council To Respond To The Ohio Division Of Liquor Control With No Objections In Reference To The Transfer Of Liquor Permit #8688682 For Summar Inc. DBA Pit Stop At 5701 Old Troy Pike, Huber Heights, Ohio 45424 To Liquor Permit #5378960 For Pit Stop Drive Thru Market DBA Pit Stop Drive Thru Market At 5701 Old Troy Pike, Huber Heights, Ohio 45424.
Deputy Clerk of Council Karen Powell said this item is a transfer of a liquor permit that has been reviewed by the Fire Division and the Police Division. She said there are no objections to the transfer of this liquor permit.
Mayor Gore said the Council Work Session recommendation was to adopt this item this evening.
Mr. Webb moved to adopt; Mr. Shaw seconded the motion. On a call of the vote, Mr. Campbell, Mrs. Byrge, Mr. Otto, Mr. Lyons, Mr. Hill, Mr. Webb, Mr. Shaw, and Ms. Baker voted yea; none voted nay. The motion passes 8-0.
B. A Resolution Authorizing The Law Director To Register An Objection To A Liquor Permit Renewal And Request A Hearing. (first reading)
Law Director Gerald McDonald said Council may recall there was an issue with a licensed establishment at 5478 Brandt Pike about a year ago doing business as Sneaky D’s and the City filed an objection to the renewal of the liquor permit. He said the City received a request for transfer of the liquor permit to Lattimore Puckett DBA Sinsations and it was determined it was the same ownership and the City objected to that transfer also. He said the Ohio Division of Liquor Control said there would be a hearing soon, and with COVID-19 it is now May of 2021 and there still has not been that hearing. He 3
Huber Heights City Council
In Council Chambers 6131 Taylorsville Road May 10, 21
said this liquor permit is up for renewal again, and the City is again filing an objection to this liquor permit. He said he has had discussions with the Police Chief and there have been incidents at that location although fewer than before. He said this item is to authorize the Law Director to continue the same objections to this liquor permit.
Mayor Gore asked if the existing liquor permit for this establishment is valid.
Mr. McDonald said according to the website, the liquor license is currently under the name of Sneaky D’s, there is a pending application for transfer to Sinsations operating under something called Kodiak, and it is not at all clear to him if the establishment is operating under a valid license.
Mr. Shaw said in his opinion the Ohio Division of Liquor Control is failing to hear the City’s objections and asked Mr. McDonald what the next option is for Council.
Mr. McDonald said the City is filing the objection that the business is operating as a bar under the name of Kodiak which is not licensed for anything and the owners are presumably operating under the transfer of a liquor license that has not been approved. He said the City has no ability to shut them down for liquor violations as that is under the State of Ohio. He said the Legal Department has been regularly sending the Ohio Division of Liquor Control requests for updates.
Mayor Gore said the Council Work Session recommendation was to adopt this item this evening.
Mr. Shaw moved to adopt; Mr. Campbell seconded the motion. On a call of the vote, Mrs. Byrge, Mr. Otto, Mr. Lyons, Mr. Hill, Mr. Webb, Mr. Shaw, Ms. Baker, and Mr. Campbell voted yea; none voted nay. The motion passes 8-0. ADMINISTRATION Scott Falkowski, Interim City Manager
C. A Resolution Authorizing The City Manager To Enter Into A Short-Term Contract Renewal With Dempsey Waste Systems, II DBA Republic Services Of Dayton For City Wide Solid Waste Collection And Disposal Including Services For Trash Recycling And Yard Waste For Residential Dwellings. (first reading)
Mr. Falkowski said the existing contract for trash hauling ends on June 30, 2021. He said the City has discussed the opportunity of extending the existing contract for one month to allow for more discussion, and Republic Services has agreed to that extension as well.
Mr. Shaw said he has an amendment to this item. Mr. Shaw said the legislation speaks of “short term” and has no date, and it is his recommendation to put a date in the legislation. Gerald McDonald said at the end of Section 1 in the legislation, it states the contract will expire July 30, 2021. Mayor Gore said the Council Work Session recommendation was to adopt this item this evening. Mr. Otto moved to adopt; Ms. Baker seconded the motion. On a call of the vote, Mr. Otto, Mr. Lyons, Mr. Hill, Mr. Webb, Mr. Shaw, Ms. Baker, Mr. Campbell, and Mrs. Byrge voted yea; none voted nay. The motion passes 8-0.
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Huber Heights City Council
In Council Chambers 6131 Taylorsville Road May 10, 21
D. A Resolution Authorizing The City Manager To Purchase Equipment And Services To Finalize Certain Capital Improvements To The Stuart And Mimi Rose Music Center At The Heights Including Magnetometers And Installation Of Sound Baffles And Waiving The Competitive Bidding Requirements. (first reading)
Mr. Falkowski said this item is to move forward with a couple of the capital improvement projects at the Rose Music Center for safety and sound related issues.
Mayor Gore said the Council Work Session recommendation was to adopt this item this evening.
Mr. Webb moved to adopt; Ms. Baker seconded the motion. Mr. Webb asked for the justification for waiving the competitive bidding. Mr. Falkowski said the City’s partner, MEMI, obtained quotes for this work. He said the waiving of the competitive bidding is because the dollar amount is over $25,000. He said part of the process was done in getting quotes, but this item is so the City can move forward with the results MEMI obtained.
Mr. Shaw asked Mr. Falkowski to clarify this item has been discussed before.
Mr. Falkowski said last year the project started with the fabric for the baffling and that purchase was made prior to the season.
On a call of the vote, Mr. Lyons, Mr. Hill, Mr. Webb, Mr. Shaw, Ms. Baker, Mr. Campbell, Mrs. Byrge, and Mr. Otto voted yea; none voted nay. The motion passes 8-0.
E. A Resolution Authorizing The City Manager To Solicit, Advertise And Receive Proposals From Qualified Firms For The Construction And Installation Of A Multi-Use Skate Park And BMX Track To Be Located Within Monita Field Park On Fishburg Road To Include Other Things, Modular Riding Surfaces, Earthen Features, Pathways, Landscaping, Signage, And Other Necessary Appurtenances. (first reading) Mr. Shaw moved to adopt; Mr. Webb seconded the motion. Mayor Gore said this item is different than what was discussed at the Council Work Session. He said at the Council Work Session, the discussion was about getting started and waiving the competitive bidding requirements. He said after the meeting, more information became available and people have reached out about things they want to see in the skate park. He said with the 75-day time frame, going out to solicit bids, and more information coming to light, it makes more sense to solicit bids for this project.
Mr. Falkowski said this project will be put out to bid to come back to Council at the first meeting in June, 2021 for award of the bid with different sections that can be bid on such as the ramps, the concrete pad, the parking lot, and those kind of things. He said different parts can be done at the same time and this project can move forward and be completed by the end of summer.
Mr. Shaw said he assumes similar comments will be made for Item 11-F. He said he believes it is the assumption of Josh King that there may be several vendors that may be able to overlap and do some of the projects at the same time to bring down the costs.
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Huber Heights City Council
In Council Chambers 6131 Taylorsville Road May 10, 21
Mr. Falkowski said there are different companies that do similar work that may overlap between these two items as part of the bid process. He said the vendors can bid on multiple items and have cost sharing.
Mr. Campbell said Mr. Shaw just brought up two pieces of legislation, Items 11-E and 11-F, and he asked Mr. Falkowski to clarify each item. Mr. Falkowski said Item 11-E is for improvements at Monita Field Park which is for a skate park with a BMX track including some parking lot improvements. He said Item 11-F is for Dial Park for bicycle trails, a track, a pump track, and paths.
Mr. Campbell asked if this information satisfies Richard Shaw’s questions about the improvements for Dial Park. Mr. Shaw said it is a step in the right direction. He said there was a small conceptual drawing that he would like to see refreshed when the bids come back.
Mr. Campbell said a yes vote for Items 11-E and 11-F would accomplish satisfying that vision brought to the table in 2019. He said some of the work on the Dial Park Project will benefit the City with the Monita Field Project. Ms. Baker said last week she had requested timeframes, cost, and drawings for the Dial Park Project, and she has not seen that yet. Mr. Falkowski said that information is part of the bidding process.
She said she has not seen the 2019 information and she would like to receive that information. Angelica Garcia stated her appreciation for the two projects. She said she learned to roller skate at age 24 to learn to play roller derby. She said she belongs to a group and the members are ages 18 to the upper 50’s. She said during the pandemic, the members had to transfer their passion for skating into park skating and have not been able to bring that activity to the Huber Heights area. She said the emphasis for these projects has been on youth, and lifelong activity is important. She said she does not want that perspective lost and she discussed smaller ramps for adults. She said the features that Huber Heights is discussing are not available in the other parks, and this would attract skaters from the surrounding areas.
Mr. Otto said with the Dial Park Project, it was specifically discussed having multiple tracks and skill tracks to allow all age groups to participate.
Ms. Garcia described features she would like to see at the skate park, and she said she has forwarded this information to Josh King.
Mayor Gore said this is a phenomenal thing for the City and parks overall.
Ms. Baker asked the rough estimate of time for the work in each park. Mr. Falkowski said it depends on the features and the bids that will come back at the first meeting of June, 2021. He said it is about a three-month process. He said he does not have a time frame on all the parts of the Dial Park Project.
Ms. Garcia said Gem City Roller Derby has been interested in adopting a park and would be happy to give a helping hand.
On a call of the vote, Mr. Hill, Mr. Webb, Mr. Shaw, Ms. Baker, Mr. Campbell, Mrs. Byrge, Mr. Otto, and Mr. Lyons voted yea; none voted nay. The motion passes 8-0.
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Huber Heights City Council
In Council Chambers 6131 Taylorsville Road May 10, 21
F. A Resolution Authorizing The City Manager To Solicit, Advertise And Receive Proposals From Qualified Firms For The Construction And Installation Of Multi-Use Trails, A Bicycle Skills Park, A Bicycle Playground, And An Asphalt Pump Track In Dial Park. (first reading)
Mr. Falkowski said this item will be put out to bid and brought back to Council at the first meeting in June, 2021.
Mayor Gore said the Council Work Session recommendation was to adopt this item this evening.
Mr. Otto moved to adopt; Mr. Shaw seconded the motion. Mr. Campbell said this Council has come together and put everything aside and is going to vote on two separate projects, one of which was brought to Council in 2019, and he could not be happier. Mr. Otto joined Mr. Campbell in his comments and said he has enjoyed seeing all the work the City has put into the parks, and this is a couple more steps to improve those parks and provide for the community.
On a call of the vote, Mr. Webb, Mr. Shaw, Ms. Baker, Mr. Campbell, Mrs. Byrge, Mr. Otto, Mr. Lyons, and Mr. Hill voted yea; none voted nay. The motion passes 8-0.
G. A Resolution Authorizing The City Manager To Participate In The Ohio Association Of Public Treasurers 2022 Workers’ Compensation Group Experience Rating Program Administered By CompManagement, Inc. (first reading) Mr. Falkowski said this item is legislation for the City to move back into the group program for workers’ compensation. Mayor Gore said the Council Work Session recommendation was to adopt this item this evening.
Mr. Campbell moved to adopt; Ms. Baker seconded the motion. On a call of the vote, Mr. Shaw, Ms. Baker, Mr. Campbell, Mrs. Byrge, Mr. Otto, Mr. Lyons, Mr. Hill, and Mr. Webb voted yea; none voted nay. The motion passes 8-0.
H. A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding With DDC Management, LLC. (first reading)
Mr. Falkowski said this item is for the Memorandum of Understanding (MOU) for the developer to move forward with the design phase and to be able to start the process. He said this MOU is not approving the project, this is just a Memorandum of Understanding to begin that process and then City Staff will come back with a development agreement and designs later. Mayor Gore said the Council Work Session recommendation was to adopt this item this evening. Mr. Campbell moved to adopt; Mr. Webb seconded the motion.
Mr. Shaw asked for a timeline of when this process will be done, and when the first rezoning and/or development plan will be in front of the Planning Commission.
Mr. Falkowski said he does not have an official timeline from the developer. He said the developer needs to do more design work to come up with the 7
Huber Heights City Council
In Council Chambers 6131 Taylorsville Road May 10, 21
Basic Development Plan. He said if he were to guess, in the next month or two the developer would want to start that process with the Planning Commission.
Mr. Webb thanked Mayor Gore as there was some confusion on social media regarding whether or not this item was a project that was being voted on, and Mayor Gore stepped in quickly with clarification.
Mayor Gore said there will be public hearings and plenty of time before this process comes to a close and any type of vote is taken.
Mr. Falkowski said the developer has mentioned a goal of the second quarter of 2022 for starting construction.
On a call of the vote, Ms. Baker, Mr. Campbell, Mrs. Byrge, Mr. Otto, Mr. Lyons, Mr. Hill, Mr. Webb, and Mr. Shaw voted yea; none voted nay. The motion passes 8-0.
I. An Ordinance Authorizing An Alternative Special Assessment Under Huber Heights City Code Section 175.06 For Property At 4517 Fishburg Road, And Declaring An Emergency. (first reading) Mr. Falkowski said this item is legislation to move forward with the special assessment and he said the request was to waive the second reading. He said the applicant is looking to move forward on this connection as soon as possible.
Mayor Gore said the Council Work Session recommendation was to waive the second reading and adopt this item this evening. Mr. Otto moved to waive; Ms. Baker seconded the motion. On a call of the vote, Mr. Campbell, Mrs. Byrge, Mr. Otto, Mr. Lyons, Mr. Hill, Mr. Webb, Mr. Shaw, and Ms. Baker voted yea; none voted nay. The motion passes 8-0.
Mr. Shaw moved to adopt; Mr. Otto seconded the motion. On a call of the vote, Mrs. Byrge, Mr. Otto, Mr. Lyons, Mr. Hill, Mr. Webb, Mr. Shaw, Ms. Baker, and Mr. Campbell voted yea; none voted nay. The motion passes 8-0. 12. City Official Reports and Comments
Mayor Gore congratulated Ms. Byrd again for 42 years with the Huber Heights City Schools which is an incredible benchmark and he congratulated her on her retirement. He thanked all the new police officers for joining the Police Division and becoming a part of what is a very special family. He said he is happy those individuals chose to join the ranks of the Huber Heights Police Division. He reminded everyone this week is National Police Week.
Mr. Shaw extended his appreciation to Ms. Byrd. He said in addition to the recognition of the police officers, he knows a new Sergeant was sworn in as well. He said the Police Division does a phenomenal job of protecting this community. He said an item he would like to see discussed at the next Council Work Session is the Treasury Department has released its guidance on the local recovery funds availability. He said he would expect the Finance Director would have time to review the guidelines and provide Council with an update on the first payment and the processes moving forward. He said he has asked a couple of times regarding the community center needs assessment and a long-term vision with that property. He said the City has been discussing for far too long and needs to narrow it down very soon regarding the long-term field lease for athletic fields within the community. He said this is a topic that the Parks and Recreation Board has discussed and he believes it has been handed off to the City Administration. He said he would like an update on those three items as soon as possible. 8
Huber Heights City Council
In Council Chambers 6131 Taylorsville Road May 10, 21
Mayor Gore asked Mr. Shaw to please send him those requests in an email. He said the City’s Rules of Council list the proper way to add items to an agenda. He said rather than using the City Official Reports and Comments to create a Council Work Session agenda from the dais, if he would send him an email, he will add items to the agenda in the proper way and that would give Mr. Bell the time he needs to prepare. He said he will discuss those items with Mr. Falkowski and prepare the agendas, and he will make sure all of the information required and needed for a proper discussion will be available at the Council Work Session. He said that is why those items have not been on the agenda thus far.
Mr. Shaw said he will send that email out by tomorrow morning. Mr. Otto congratulated Ms. Byrd. He said she is amazing and is always a smiling face and she will be missed. He congratulated the Police Division for the four new hires and wished them luck. He said he also would like to have discussion on the community center and bring up a discussion on the Brandt Pike Revitalization Project. He said he will send an email to Mayor Gore.
Mrs. Byrge said in going back to the issue of the park’s maintenance for the ball fields and recreation fields, the community was active four years ago in sports, and there has been a marked decrease in activities here. She said this last year there was difficulty getting little league teams together and the City has lost the basketball teams. She said she would like to have Chris Lindeman from the YMCA and the Parks Manager do some preliminary work and see where the trend is for sports activities from four years ago to see if the City is losing athletes to other communities and how much the City’s fields are being used. She said she would like to see a list from Richard Shaw of organizations that are interested in coming here so Chris Lindeman and Josh King can know what the demand is for the fields and why the fields are not being used. Mayor Gore asked Mrs. Byrge to submit an email so he can have all the emails together and he can get that information to Scott Falkowski.
Ms. Baker congratulated Ms. Byrd and her family. She congratulated the police officers and she is thrilled they were honored this evening. She wished the community a belated Happy Mother’s Day.
13. Executive Session
There was no need for an Executive Session this evening. 14. Adjournment
Mayor Gore adjourned the Regular Session City Council Meeting at 8:32 p.m.
______Deputy Clerk of Council Date
______Mayor Date
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AI-7637 Special Presentations/Announcements A. City Council Meeting City Council Meeting Date: 05/24/2021 Mayoral Proclamation Presentation - LGBTQ Pride Month Submitted By: Anthony Rodgers Department: City Council Council Committee Review?: None Date(s) of Committee Review: N/A Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.:
Agenda Item Description or Legislation Title LGBTQ Pride Month Mayoral Proclamation Presentation – Mayor Jeff Gore
Purpose and Background Mayor Jeff Gore will present a proclamation to proclaim June, 2021 as LGBTQ Pride Month in the City of Huber Heights.
Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications:
Attachments Proclamation City of Huber Heights
LGBTQ Pride Month
Mayoral Proclamation
WHEREAS, the City of Huber Heights supports the rights of every citizen to experience equality and freedom from discrimination; and
WHEREAS, all people regardless of age, race, ethnicity, religion, marital status, national origin, sexual orientation, gender identity, or physical challenges have the right to be treated on the basis of their intrinsic value as human beings; and
WHEREAS, the City of Huber Heights accepts and welcomes people of diverse backgrounds and believes a diverse population leads to a more vibrant community; and
WHEREAS, the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) communities contribute to the cultural, civic and economic successes of the City of Huber Heights; and
WHEREAS, while society at large is embracing new definitions of sexuality and gender, the City of Huber Heights must also acknowledge that the need for education and awareness remains vital to end discrimination and prejudice; and
WHEREAS, despite being marginalized throughout the history of the United States, LGBTQ people continue to celebrate their identities, relationships, and contributions in various expressions of Pride and continue to fight for equal treatment, dignity, and respect.
THEREFORE, I, Jeff Gore, Mayor of the City of Huber Heights, Ohio do hereby proclaim the month of June, 2021 as:
LGBTQ Pride Month in the City of Huber Heights and urge all residents to reflect on the ongoing struggle for equality that members of the LGBTQ community face and celebrate their contributions which enhance the City. The Huber Heights City Council takes pride in the diversity of the community and commits to ensuring the equal treatment and protection of all residents and visitors, regardless of sexual orientation and gender identity.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Huber Heights to be affixed this twenty-fourth day of May in the Year of Our Lord, Two Thousand and Twenty-One.
JEFF GORE MAYOR
AI-7603 New Business A. City Council Meeting City Council Meeting Date: 05/24/2021 ZC 21-11 - Rezoning - Carolyn Takacs - 4401 Taylorsville Road - Public Hearing Submitted By: Geri Hoskins Department: Planning Division: Planning Council Committee Review?: Committee Date(s) of Committee Review: 05/18/2021 of the Whole Audio-Visual Needs: SmartBoard Emergency Legislation?: No Motion/Ordinance/ Resolution No.:
Agenda Item Description or Legislation Title A Public Hearing Scheduled For May 24, 2021 By The Huber Heights City Council For Zoning Case 21-11. The Applicant Is Carolyn Takacs. The Applicant Is Requesting Approval Of A Rezoning From I-1 (Light Industrial) To PR (Planned Residential District) For 1.01 Acres Located At 4401 Taylorsville Road And Further Identified As Parcel ID Numbers P70 04009 0030 And P70 04009 0072 On The Montgomery County Auditor’s Tax Map.
Purpose and Background The current zoning for 4401 Taylorsville Road is I-1 (Light Industrial) which does not include residential use as part of the Principle Permitted Uses. The rezoning request from the applicant to change the zoning to PR (Planned Residential District) will bring the property into compliance with the City's Zoning Code (ZC 21-11).
Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications:
Attachments No file(s) attached.
AI-7630 New Business B. City Council Meeting City Manager Meeting Date: 05/24/2021 ZC 21-11 - Rezoning - Carolyn Takacs - 4401 Taylorsville Road Submitted By: Geri Hoskins Department: Planning Division: Planning Council Committee Review?: Council Date(s) of Committee Review: 05/18/2021 Work Session Audio-Visual Needs: SmartBoard Emergency Legislation?: No Motion/Ordinance/ Resolution No.:
Agenda Item Description or Legislation Title An Ordinance To Approve A Rezoning From I-1 (Light Industrial) To PR (Planned Residential District) For 1.01 Acres Located At 4401 Taylorsville Road And Further Identified As Parcel ID Numbers P70 04009 0030 And P70 04009 0072 On The Montgomery County Auditor’s Tax Map (Zoning Case 21-11). (first reading)
Purpose and Background The current zoning for 4401 Taylorsville Road is I-1 (Light Industrial) which does not include residential use as part of the Principle Permitted Uses. The rezoning request from the applicant, Carolyn Takacs, to change the zoning to PR (Planned Residential District) will bring the property into compliance with the City's Zoning Code (ZC 21-11).
Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications:
Attachments Map Staff Report Decision Record Minutes Ordinance
Memorandum Staff Report for Meeting of April 27, 2021
To: Huber Heights City Planning Commission
From: Scott P. Falkowski, Assistant City Manager
Date: April 22, 2021
Subject: ZC 21-11 (Rezoning from I-1 Light Industrial to PR Planned Residential District) 1.01 Acres 4401 Taylorsville Road
Application dated March 30, 2021
Department of Planning and Development City of Huber Heights
APPLICANT/OWNER: Carolyn Takacs – Applicant & Owner
DEVELOPMENT NAME: 4401 Taylorsville Road
ADDRESS/LOCATION: 4401 Taylorsville Road
ZONING/ACREAGE: Light Industrial (I-1) / 1.01 acres
EXISTING LAND USE: Residential
ZONING ADJACENT LAND: PR
REQUEST: The applicant requests approval of a rezoning from I- 1 Light Industrial to PR Planned Residential District at 4401 Taylorsville Road.
ORIGINAL APPROVAL:
APPLICABLE HHCC: Chapter 1130
CORRESPONDENCE: In Favor – None Received In Opposition – None Received
OVERVIEW:
The applicant requests rezoning from I-1 Light Industrial to PR Planned Residential District.
STAFF ANALYSIS AND RECOMMENDATION:
The applicant has requested a rezoning for a parcel of land that has a residential house with one accessory structure. The current zoning is I-1 Light Industrial, which does not include residential uses as part of the Principle Permitted uses. The rezoning request to PR Planned Residential will bring the property into compliance with the City’s zoning code. The surrounding uses at this area are solely residential on the north side of Taylorsville, so this use fits to remain as being used for residential purposes. The size of the lot also, does not make for a high potential of finding the proper user for a light industrial use. The property already has a residential use and structures constructed, so a new plan is not required, and the request is to approve all the current locations and structures as they are currently built.
The following City Codes are used in analyzing a Planned Residential Development:
CHAPTER 1172 - (PR) PLANNED RESIDENTIAL DISTRICT[42]
Footnotes:
--- (42) ---
Cross reference— General provisions—See Ch. 1171. 1172.01 - Principal permitted uses.
The following principal uses are permitted, provided that they are approved as provided for in this chapter: (a) All residential uses permitted in all other chapters of the Zoning Ordinance such as: one family dwellings, two family dwellings, multiple family dwellings, including garden apartments, row houses, quadrominiums and condominiums; (b) Churches and other places of worship; (c) Colleges, primary and secondary schools under School Board or Parochial supervision, and public libraries; (d) Public recreation buildings, parks, playgrounds and athletic fields under School Board, Parochial, other governmental supervision or "homeowners association" supervision; and (e) Uses designed solely to serve in a complimentary way the needs of this District above.
(Ord. 89-O-339, Passed 2-6-89) 1172.02 - Accessory uses.
The following accessory uses are permitted: (a) Uses customarily incidental to all permitted uses; and (b) Temporary structures and uses required during construction in this District.
(Ord. 89-O-339, Passed 2-6-89; Ord. No. 2019-O-2398 , § 1, 10-14-19)
1172.03 - Development standards.
Except when specifically modified herein, the provisions of Chapter 1181, "General Provisions", shall govern. In addition, the following development standards apply: (a) Minimum "PR" Land Area Requirement. (1) A minimum of one acre shall be required. (b) Dwelling Unit Density—Five Dwelling Units. (1) The average dwelling unit density for the entire district shall not exceed five dwelling units (DU) per acre. (2) Minimum area standards such as individual lot size, frontage, setbacks, side and rear yards shall be those prescribed in the City approved detailed final development plans, except that: A. Lots for detached single family dwellings shall meet each of the standards set forth in Section 1147.04. (c) Dwelling Unit Density—Eight Dwelling Units. (1) Dwelling unit density for the entire district shall not exceed eight dwelling units per acre of land on which dwellings are constructed. For example, if the entire district is three acres but dwellings are constructed on two acres only, dwelling unit density for the entire district shall not exceed 16 dwellings. (2) Minimum area standards such as individual lot size, frontage, setbacks, side and rear yards shall be those prescribed in the City approved detailed final development plans, except that: A. Lots for detached single family dwellings shall meet each of the standards set forth in Section 1147.04. (d) Dwelling Unit Density—Twelve Dwelling Units. (1) Dwelling unit density for the entire district shall not exceed 12 dwelling units per acre of land on which dwellings are constructed. For example, if the entire district is three acres but dwellings are constructed on two acres only, dwelling unit density for the entire district shall not exceed 24 dwellings. (2) Minimum area standards such as individual lot size, frontage, setbacks, side and rear yards shall be those prescribed in the City approved detailed final development plans, except that: A. Lots for detached single family dwellings shall meet each of the standards set forth in Section 1147.04. (e) Character of Neighborhood. Use of the Planned Residential Zoning District for developments with a proposed dwelling unit density greater than five dwelling units per acre shall be considered only when the district is bounded at least on one side by R-5, R-6, R-7, O-1, B, I, or Planned Development Districts.
(Case 378, 6-17-76; Case 235, 7-11-94; Ord. 94-O-711, Passed 7-11-94; Ord. 2006-O- 1664, Passed 10-23-06)
1172.04 - Parking and loading.
(a) The provisions of Chapter 1185, "Parking and Loading", shall apply, except that at least two permanently maintained parking spaces shall be provided for each family unit, except for detached single family dwellings. (b) Required parking spaces shall not be part of public thoroughfares, private roads leading to and serving the sites of the various uses in this district.
(Ord. 89-O-339, Passed 2-6-89)
1172.05 - Utilities.
The distribution systems for utilities are required to be underground.
(Ord. 89-O-339, Passed 2-6-89)
1171.05 - Contents of basic development plan.
(a) The basic development plan shall consist of at least the following information together with such other data and materials as may be required by the City: (1) Site plan showing the actual shape and dimensions of the lot to be built upon or to be changed in its use together with the location of the existing and proposed structures with approximate square footages, number of stories including heights of structures; (2) Typical elevation views of the front and side of each type of building; (3) Planning location and dimensions of all proposed drives, service access road, sidewalks and curb openings; (4) Parking lot areas (show dimensions of a typical parking space), unloading areas, fire lanes and handicapped parking; (5) Landscaping plan, walls and fences; (6) Storm water detention and surface drainage; (7) Exterior lighting plan; (8) Vehicular circulation pattern; (9) Location and square footage of signs; (10) Topographic survey; and (11) Listing of proposed uses taken from the list of permitted and special uses of the PUD zoning district to which rezoning is being sought. (b) The Planning Commission shall schedule both the proposed rezoning and the issue of approval of the basic development plan for a combined public hearing, following which it shall make its recommendation indicating approval, approval with modification or disapproval.
(Ord. 2006-O-1655, Passed 9-25-05)
1171.06 - General standards for approval.
The Planning Commission shall review the application, prepared development plan and the facts presented at the hearing. The applicant shall have the burden of proof. No approval shall be given unless the Commission shall find by a preponderance of the evidence that such PUD on the proposed locations: (a) Is consistent with official thoroughfare plan, comprehensive development plan and other applicable plans and policies; (b) Could be substantially completed within the period of time specified in the schedule of development submitted by the developer; (c) Is accessible from public roads that are adequate to carry the traffic that shall be imposed upon them by the proposed development. Further, the streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the proposed development; (d) Shall not impose an undue burden on public services such as utilities, fire and police protection, and schools; (e) Contains such proposed covenants, easements and other provisions relating to the proposed development standards as may reasonably be required for the public health, safety and welfare; (f) Shall be landscaped or otherwise improved and the location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the existing intended uses, and any part of a PUD not used for structures, parking and loading areas, or accessways; (g) Shall preserve natural features such as water courses, trees and rock outcrops, to the degree possible, so that they can enhance the overall design of the PUD; (h) Is designed to take advantage of the existing land contours in order to provide satisfactory road gradients and suitable building lots and to facilitate the provision of proposed services; (i) Shall place underground all electric and telephone facilities, streetlight wiring and other wiring conduits and similar facilities in any development which is primarily designed for or occupied by dwellings, unless waived by the Commission because of technical reasons; (j) Shall not create excessive additional requirements at public cost of public facilities and services and shall not be detrimental to the economic welfare of the community; (k) Shall not involve uses, activities, processes, materials, equipment, and conditions of operation that shall be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; and (l) Rezoning of the land to the PUD District and approval of the development plan shall not adversely affect the public peace, health, morals, safety, or welfare.
(Ord. 93-O-602, Passed 3-22-93) 1171.07 - Review and recommendations by planning commission.
The Planning Commission shall review the proposed PUD as presented in the application and basic development plan in terms of the standards in Section 1171.06 and the specific requirements as outlined in all Planned Unit Developments. The Commission shall hold a public hearing on the proposed PUD. At least ten days in advance of such hearing, notice of time and place of such hearing shall be published in a newspaper of general circulation in the City. Written notice of such hearing shall be mailed at least ten days before the public hearing to the owners of property located within 200 feet of the property proposed for the PUD. The Planning Commission shall make its recommendation, indicating approval, approval with modifications, or disapproval. If the Commission recommends approving rezoning of land to a PUD District and also approves a basic development plan for the area to be rezoned, it may impose upon that plan any additional requirements or conditions deemed appropriate by the Commission to ensure that the development shall meet the standards described in Section 1171.06 and shall comply with the intention and objectives of this Zoning Ordinance. If the owner chooses to submit a combined development plan, the Planning Commission shall review the aspects of it constituting the basic development plan pursuant to the standards set out in Section 1171.06. The detailed development plan aspects shall be reviewed in the same manner as provided herein for review of detailed development plans.
(Ord. 93-O-602, Passed 3-22-93)
1171.08 - Action by council.
Council shall hold a public hearing for application for rezoning and approval of the basic development plan (or combined development plan) after receiving the proposal from the Planning Commission. At least 15 days' notice of the time and place of such public hearing shall be placed in a newspaper of general circulation in the City. Written notice of such hearing shall be mailed at least ten days before the public hearing to the owners of property located within 200 feet of the property proposed for the PUD. Council shall approve, reject, or approve with modifications the rezoning and basic development plan in the same manner as other rezoning requests. If the applicant has chosen to submit a combined development plan, Council shall review the aspects of it constituting the basic development plan pursuant to the standards set out in Section 1171.06. If Council approves the basic development plan aspects of a combined development plan, the detailed development plan shall be deemed to be approved and no further action shall be required for the area covered by the combined development plan. If the basic development plan aspects of a combined development plan are modified, the combined development plan shall be changed in all aspects to meet that ZC 21-11 Page - 8 modification. The City staff in charge of plan review shall determine when the basic development plan or combined plan meets the modification required by Council.
(Ord. 93-O-602, Passed 3-22-93)
1171.11 - Changes in the basic and detailed development plans.
A PUD shall be developed only according to the approved and recorded detailed development plan and supporting data together with all recorded amendments and shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the PUD as set forth therein. (a) Major Changes. Changes which alter the concept, uses or intent of the PUD including increases in the number of units per acre, change in location or amount of nonresidential land uses, more than 15 percent modification in proportion of housing types, significant redesign of roadways, utilities or drainage, may be approved only by submission of a new basic plan and supporting data in accordance wi th Sections 1171.03, 1171.04 and 1171.05. (b) Minor Changes. The Zoning Officer recommends to the Planning Commission approval or disapproval of the minor changes in the PUD. Minor changes are defined as any change not defined as a major change.
(Ord. 89-O-339, Passed 2-6-89)
Recommendation:
Staff recommends approval of the request for rezoning from I-1 Light Industrial District to PR Planned Residential District in accordance with the conditions contained in the proposed Decision Record for Planning Commission’s consideration.
8 ZC 21-11 – Dec. Record
Planning Commission Decision Record
WHEREAS, on March 30, 2021, the applicant, Carolyn Takacs, requested approval of a rezoning from I-1 (Light Industrial) to PR (Planned Residential) District for 1.01 acres located at 4401 Taylorsville Road, also known as Parcel P70 04009 0030 and P70 04009 0072 of the Montgomery County Auditor’s Tax records (ZC 21-11); and
WHEREAS, on April 27, 2021, the Planning Commission did meet and fully discuss the details of the request.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommended approval of the request.
Ms. Thomas moved to recommend approval of the request by the applicant, Carolyn Takacs, for a rezoning from I-1 (Light Industrial) to PR (Planned Residential) District for 1.01 acres located at 4401 Taylorsville Road, also known as Parcel P70 04009 0030 and P70 04009 0072 of the Montgomery County Auditor’s Tax Records (ZC 21-11) in accordance with the recommendation of Staff’s Memorandum dated April 22, 2021 with the following conditions:
1. The applicant shall submit for a Zoning Permit for any approved use within the PR District.
2. All existing structures are approved in their current location on the above described property.
Seconded by Ms. Vargo. Roll call showed: YEAS: Mr. Jeffries, Ms. Opp, Ms. Vargo, Ms. Thomas, and Mr. Walton. NAYS: None. Motion to recommend approval carried 5-0.
______Terry Walton, Chair Date Planning Commission
1 Planning Commission Apr 27, 2021 Meeting City of Huber Heights
I. Chair Terry Walton called the meeting to order at approximately 6:00 p.m.
II. Present at the meeting: Mr. Jeffries, Ms. Opp, Ms. Thomas, Ms. Vargo and Mr. Walton.
Members absent: None.
Staff Present: Don Millard, Zoning Manager, and Geri Hoskins, Planning & Zoning Administrative Secretary.
III. Opening Remarks by the Chairman and Commissioners
None.
IV. Citizens Comments
None.
V. Swearing of Witnesses
Mr. Walton explained the proceedings of tonight’s meeting and administered the sworn oath to all persons wishing to speak or give testimony regarding items on the agenda. All persons present responded in the affirmative.
VI. Pending Business
None.
VII. New Business
1. REZONING - The applicant, CAROLYN TAKACS, is requesting approval of a Rezoning from I1 (Light Industrial) to PR (Planned Residential) at property located at 4401 Taylorsville Road (ZC 21-11).
Mr. Millard stated that the applicant has requested a rezoning for a parcel of land that has a residential house with one accessory structure. The current zoning is I-1 Light Industrial, which does not include residential uses as part of the Principle Permitted uses. The rezoning request to PR Planned Residential will bring the property into compliance with the City’s zoning code. The surrounding uses at this area are solely residential on the north side of Taylorsville, so this use fits to remain as being used for residential purposes. The size of the lot also, does not make for a high potential of finding the proper user for a light industrial use. The property already has a residential use and structures constructed, so a new plan is not required, and the request is to approve all the current locations and structures as they are currently built. Staff recommends approval of the request for rezoning from I-1 Light Industrial District to PR Planned Residential
Planning Commission Meeting Apr 27, 2021
District in accordance with the conditions contained in the proposed Decision Record for Planning Commission’s consideration.
Action
Ms. Thomas moved to approve the request by the applicant CAROLYN TAKACS, for the approval of a Rezoning from I1 (Light Industrial) to PR (Planned Residential) for 1.01 acres located at 4401 Taylorsville Road also known as P70-04009-0030 and P70-04009-0072 of he Montgomery County Tax Auditor’s Records (ZC 21-11) in accordance with the recommendation of Staff’s Memorandum dated April 22, 2021, and the Planning Commission Decision Record attached thereto.
Seconded by Ms . Vargo. Roll call showed: YEAS: Mr. Jeffries, Ms. Opp, Ms. Vargo, Ms. Thomas, and Mr. Walton. NAYS: None. Motion to approve carried 5-0.
2. MINOR CHANGE – The applicant, MIKE MEHOLICK, is requesting approval of a Minor Change to add a Patio at the rear of the Building at 6182 Chambersburg Road (ZC 21-12).
Mr. Millard stated that the applicant is requesting to build a fenced in patio at the rear of their commercial space. This will allow for more usable seating and table space and allow for the applicant to apply for an extension of their liquor permit. The area is twenty (20) feet deep by thirty (30) feet wide. A four (4) foot fence with a gate will be installed surrounding the concrete patio. Drive aisles and fire lanes will not be blocked. Staff recommends approval of the Minor Change in accordance with the conditions contained in the proposed Decision Record.
Mr. Jeffries asked if the owner’s permission had been obtained. Mr. Millard stated yes. Ms. Opp asked if accessible from the back or only through the building. Mike Meholick stated said no plans to access from the back due to no parking back there. You come in the building and go out to the patio. Glenn Otto stated it’s always good to a quality locally brewed cold beer is always better outside on a porch.
Action
Ms. Opp moved to approve the request by the applicant, MIKE MEHOLICK, ALEMATIC ARTISAN ALES, for approval of a Minor Change for the addition of a fenced in patio at the rear of their commercial space at the Huber Centre located at 6182 Chambersburg Road (ZC 21-12) and the Planning Commission Decision Record attached thereto.
Seconded by Mr. Jeffries. Roll call showed: YEAS: Ms. Thomas, Ms. Vargo, Mr. Jeffries, Ms. Opp, and Mr. Walton. NAYS: None. Motion to approve carried 5-0.
2 Planning Commission Meeting Apr 27, 2021
Next the applicant will submit to Montgomery County, then coordinate with our Fire Engineer.
VIII. Additional Business
None.
IX. Approval of the Minutes
Without objection, the minutes of the March 23, 2021, Planning Commission meeting are approved.
X. Reports and Calendar Review
Major Change, Quail Ridge Major Change, 6166 Apache Street
XI. Upcoming Meetings
May 11, 2021 May 25, 2021
XII. Adjournment
There being no further business to come before the Commission, the meeting was adjourned at approximately 6:10 p.m.
______Terry Walton, Chair Date
______Geri Hoskins, Administrative Secretary Date
3 CITY OF HUBER HEIGHTS STATE OF OHIO
ORDINANCE NO. 2021-O-
TO APPROVE A REZONING FROM I-1 (LIGHT INDUSTRIAL) TO PR (PLANNED RESIDENTIAL DISTRICT) FOR 1.01 ACRES LOCATED AT 4401 TAYLORSVILLE ROAD AND FURTHER IDENTIFIED AS PARCEL ID NUMBERS P70 04009 0030 AND P70 04009 0072 ON THE MONTGOMERY COUNTY AUDITOR’S TAX MAP (ZONING CASE 21-11).
WHEREAS, the citizens of Huber Heights require the efficient and orderly planning of land uses within the City; and
WHEREAS, the City Planning Commission has reviewed Zoning Case 21-11 and on April 27, 2021, recommended approval by a vote of 5-0 of the Rezoning; and
WHEREAS, the City Council has considered the issue.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Huber Heights, Ohio that:
Section 1. The application requesting approval of a Rezoning from I-1 (Light Industrial) to PR (Planned Residential District) in Zoning Case 21-11 is hereby approved in accordance with the Planning Commission’s recommendation and following conditions:
1. The applicant shall submit for a Zoning Permit for any approved use within the PR District. 2. All existing structures are approved in their current location on the above described property.
Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.
Section 3. This Ordinance shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights.
Passed by Council on the______day of______, 2021; ______Yeas; ______Nays.
Effective Date:
AUTHENTICATION:
______Clerk of Council Mayor
______Date Date
AI-7635 New Business C. City Council Meeting City Manager Meeting Date: 05/24/2021 Trash Hauling Agreement - Republic Services Submitted By: Scott Falkowski Department: City Manager Council Committee Review?: Council Date(s) of Committee Review: 05/18/2021 Work Session Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.:
Agenda Item Description or Legislation Title A Resolution Authorizing The City Manager To Enter Into A Contract With Dempsey Waste Systems, II DBA Republic Services Of Dayton For Citywide Solid Waste Collection And Disposal Including Services For Trash, Recycling And Yard Waste For Residential Dwellings. (first reading)
Purpose and Background This legislation is to authorize the finalization of a new contract with Republic Services for Citywide residential trash hauling to include recycling and bulk pick up.
Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications:
Attachments Resolution Exhibit A CITY OF HUBER HEIGHTS STATE OF OHIO
RESOLUTION NO. 2021-R-
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DEMPSEY WASTE SYSTEMS, II DBA REPUBLIC SERVICES OF DAYTON FOR CITYWIDE SOLID WASTE COLLECTION AND DISPOSAL INCLUDING SERVICES FOR TRASH, RECYCLING AND YARD WASTE FOR RESIDENTIAL DWELLINGS.
WHEREAS, after reviewing and duly considering responses to the City’s Request For Proposals for Solid Waste Collection and Disposal Including Services for Trash, Recycling and Yard Waste, the City Council has decided to award the contract to Dempsey Waste Systems, II DBA Republic Services of Dayton.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that:
Section 1. The City Manager is hereby authorized to negotiate and enter into a contract with Dempsey Waste Systems, II DBA Republic Services of Dayton substantially upon the terms and conditions as contained in the attached Contract identified as Exhibit A to collect waste materials and recyclables from all one and two-family residential units within the City. The Contract will not contain any fuel surcharge costs to the City.
Section 2. Dempsey Waste Systems, II DBA Republic Services of Dayton is hereby granted the sole and exclusive franchise, license and privilege within the territorial jurisdiction of the City of Huber Heights to collect waste materials and recyclables from all one and two-family residential units within the City during the term of the Contract.
Section 3. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.
Section 4. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights.
Passed by Council on the ______day of ______, 2021; ______Yeas; ______Nays.
Effective Date:
AUTHENTICATION:
Clerk of Council Mayor
______Date Date
EXHIBIT A
AGREEMENT FOR SOLID WASTE COLLECTION AND DISPOSAL INCLUDING SERVICES FOR TRASH, RECYCLING AND YARD WASTE
THIS AGREEMENT, (the “Agreement”) is made and entered into this ____day of ______, 20__, by and between the City of Huber Height, Ohio, an Ohio municipal corporation, (“City”) and Dempsey Waste Systems, II Inc. d.b.a. Republic Services of Dayton, an Ohio corporation qualified to do and actually doing business in the State of Ohio (“Contractor”).
WHEREAS, as a valid exercise of its police power over sanitation and public health, and in order to help protect the public health safety and general welfare, City Council has decided to provide a solid waste collection and disposal program for the City; and
WHEREAS, Council has determined that providing a single trash hauler for solid waste and recycling is in the best interest of the City for reasons including but not limited to being able to provide in many cases, a less expensive trash removal service for citizens and limiting the wear on public roads by cutting down on multiple trash haulers; and
NOW, THEREFORE, for good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
1. Definitions. For purposes of this Agreement, the following terms shall be defined as follows:
“Waste Material” The term "waste material" shall include all municipal solid waste originating from the use of property situated only within the corporate limits of the City of Huber Heights, Ohio, and more specifically being identified in the following categories:
A. All solid waste material that size will allow to be placed in the equipment of Contractor, provided such equipment is reasonably equivalent to the size of standard rear load front load or side load hopper. All wooden and paper boxes broken down and/or tied in small bundles will be accepted.
B. Large trash items, including, but not limited to, refrigerators, dishwashers, dryers, sofas, chairs, carpet and mattresses (provided however, mattresses must be sealed/wrapped in plastic).
C. Garbage as defined as organic waste of animal, fish, fruit, or vegetable matter arising from or attendant to the storage, dealing in, preparation or cooking of food for human consumption.
D. Cold ashes placed in a separate container.
E. All brush tied in bundles not more than 4 feet in length; grass clippings, leaves, limbs/branches and other yard trimmings.
F. Christmas Trees. Christmas tree pick up is included at no extra charge from December 26 through mid-January of each year. Christmas trees will be picked up at curbside
Page 1 of 9 “Residential Dwelling” shall mean a single family and two family properties within the corporate limits of the City.
“Excluded Item” shall mean hazardous or infectious waste, materials or substances, (but shall not include common household products typically found in residential households that may contain such waste, materials or substances), medical wastes, and radioactive wastes, each as defined by applicable federal, state or local laws or regulations; excluded items shall also include whole waste tires, lead acid batteries, and hot ashes.
2. Collection of Waste Material and Recyclables. Contractor shall collect an unlimited amount of Waste Material once each week from each Residential Dwelling pursuant to the approved route schedule, for which containers are placed at the curb, edge of street or right-of-way. Recyclable materials to be collected once every two weeks, shall include, but not be limited to, newspapers, magazines, catalogs, telephone books, junk mail, paper cartons, #1, #2, and #6 plastics, and all glass food and drink containers (clear or colored), and aluminum and bi-metal beverage cans.
Collections for Residential Dwellings shall be no earlier than 7:00 a.m. and no later than 6:00 p.m., Monday through Friday. The following shall be holidays for purposes of this Agreement: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Collections for the Holiday and the following days of the week shall be delayed by one (1) day.
Contractor shall provide each residence with a recycling cart (standard 96 gallon and minimum 65 gallon). An additional recycling bin shall be provided at the request of the resident at no additional cost. The Color of the recycling bin shall be blue with attached yellow lid.
Contractor shall remove all materials and contents set out by residents, at curbside except for any Excluded Items and shall avoid spilling waste material, and clean up the collection area if the waste is spilled. Contractor shall handle all containers without abuse and to return all emptied containers to the location where the owner set them. Containers destroyed or removed by the Contractor shall be replaced by the Contractor and at the Contractor’s expense.
3. Exclusive License. The Contractor is hereby granted the exclusive license and privilege within the territorial jurisdiction of the City of Huber Heights and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to collect Waste Materials and recyclables during the term of this Agreement for all Residential Dwellings.
4. Pricing.
a. Contractor shall provide the services hereunder and in return shall bill each Residential Dwelling customer based on the following rate schedule:
Contract Year 2021 - 2022 $ 14.54 per month, per household
Contract Year 2022 - 2023 $ 14.98 per month, per household
Contract Year 2023 - 2024 $ 15.43 per month, per household
Contract Year 2024 - 2025 $ 15.89 per month, per household
Contract Year 2025 – 2026 $ 16.37 per month, per household
b. Contractor shall provide a ten (10) percent discount to residents sixty five (65) and older.
Page 2 of 9
c. The monthly rate above is all inclusive and expressly includes, (but is not limited to) any and all tipping fees or related or similar fee or charges; any and all fuel charges or related or similar charges or fees; any and all environmental recovery fees, impact fees, or similar charges or fees; any and all cost for bulk item pick-up (including appliances containing CFC’s, provided however, Contractor may charge a reasonable fee to the resident for removal of the CFC from an appliance); any and all federal, state, district, and/or other related taxes or fees existing at the time of execution of this Agreement; any charges for waste removal from designated City facilities as described in section 23 below; all curbside recycling costs; delivery, maintenance and replacement of all recycling containers and carts; and subject to section 4(c) and 4 (d) below, any other costs related to the collection and/or disposal of Waste Material and/or recyclables hereunder, all of which Contractor expressly agrees to pay without altering the above monthly rate or otherwise passing on the charge to the City or its residents nor shall the existence of any such fees or any changes thereto, be the basis for termination of this Agreement by Contractor. It is expressly agreed that Contractor will not be entitled to a fuel sur-charge.
d. Contractor shall provide City with all current Federal, State, County, District or Local fees, charges and taxes applicable to the Huber Heights collection and disposal services provided hereunder, including any such fee or charge for the disposal cost imposed by the disposal facility (currently Montgomery County Transfer). . Should (i) any of such fees be raised by the Federal, State, County, District or Local jurisdiction or should any new Federal, State, County, District or Local fees that were not in existence at the time of execution of this Agreement, be enacted during the term of this Agreement, and such fee (whether designated as a fee, charge, or tax) that directly impacts the cost of the services provided hereunder by Contractor and that must be paid by Contractor in order to provide the services to Huber Heights, or (ii) should disposal cost increases based on documentation of increases imposed by the disposal facility (currently Montgomery County Transfer), Contractor may request that such additional cost be passed on to the residents of Huber Heights. In such event, Contractor shall notify Huber Heights City Council and provide City Council with sufficient information to justify any requested pass through of such cost to the residents of the City. A request to pass through such additional cost to residents must be approved by City Council but will not be unreasonably refused by City Council. Notwithstanding the foregoing, with respect to disposal cost increases, if alternative disposal facilities are available and the use of which will not result in an increase for disposal, no rate adjustment will be made.
5. Payments. Contractor shall be responsible for the collection of all payments from Residential Dwellings. City residents shall be billed quarterly at the rate set forth in Section 4 above, without further charges or fees or surcharges (other than customary late fees for late payment, NSF checks, and reasonable reinstatement fee if service was discontinued due to non payment). Property owners shall have the option to temporarily suspend service for homes that are vacant for thirty days or longer.
6. Term. The term of this Agreement shall be from July 1, 2021 (the “Effective Date”) until June 30, 2026. Either the City or the Contractor may terminate the Agreement with cause, with a 120 day notice by registered or certified mail notification to the other party. “With Cause” shall mean a party’s failure to adhere to a material provision in this Agreement. The City reserves the right to terminate this Agreement immediately upon written notice by registered or certified mail to the Contractor if the Contractor is adjudged as bankrupt, makes a general assignment for the benefit of its creditors, has a receiver appointed on account of its insolvency or Contractor is unable or unwilling to provide the services required of this Agreement due to closure or lack of accessible landfills, labor disputes or any other action that prevents delivery of services for a period of seven (7) days or longer. The City reserves the right to request new proposals after the five-year period. The City shall also have the right to extend the contract at one-year intervals for up to a maximum of three (3) years. The three, one-year options shall be mutually negotiated and agreed upon at least 180 days prior to the expiration of the term. At the end of the initial 5-year term, the Contractor shall be permitted to provide an alternate proposal for the remaining three years instead of renegotiating at the end of each option year. Contractor will work in good faith in providing bi-weekly recycling (at additional cost to City) if requested by City.
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7. Route Schedule. The route schedule, which must be approved by the City Manager prior to commencement of services hereunder, and shall upon approval be attached to this contract as an Exhibit and incorporated herein by this reference, will be the approved route schedule. If, for any reason the Contractor requires a change in the route schedule, it will first obtain the written approval of the City. Contractor shall at its sole cost and expense, notify the residents affected by any approved change in the route schedule.
8. Performance. If the City determines that the work is not being performed in a satisfactory manner, the City will so notify the Contractor, who will then immediately commence to rectify the problem areas. Excessive complaints or failure to rectify the source of such complaints will be grounds for termination of the Agreement “for cause”. Should the City feel compelled to mobilize its own workers to correct problems created by non-compliance of this Agreement by Contractor, the Contractor shall reimburse the City for such funds necessary to complete the work as guaranteed by the contract. The City shall determine such reimbursement and equipment costs necessary to rectify the problem and shall be paid by the contractor within thirty-days (30) of the City's request for reimbursement.
9. Disposal of Collected Items. All Waste Materials collected by the Contractor shall be legally disposed of outside the corporate limits of the City of Huber Heights at one of the Montgomery County Transfer Stations. The contractor shall transport the recovered recyclable materials to a processing site. At no time shall recycled materials be disposed of in a landfill or incinerator. The City shall not to be responsible for any problems arising at the disposal site as a result of solid waste or recyclables collected in the City or any other place.
10. Contractor’s employees. Contractor's employees shall not at any time exhibit improper or abusive language or unacceptable or improper conduct to the public. Contractor shall remove an employee that violates this provision from the City's route upon request by the City. All Contractor employees collecting waste or recyclables shall wear uniforms and all OSHA required Personal Protection Equipment. Uniforms will identify Contractor and at a minimum the employee’s first name. Contractor shall assure all of its drivers are validly licensed, have any required endorsements for equipment being driven and have safe driving records. Contractor will maintain sufficient personnel to adhere to the route schedule in this Agreement.
11. Equipment. The Contractor shall maintain an adequate number of vehicles for all collection services required under this Agreement. All vehicles and other equipment used by the contractor for the collection and removal of waste material and recyclables in Huber Heights shall be kept neat, clean and sanitary in good working order, and shall be licensed any and all applicable State, County and or local authorities. All vehicles that provide collection of trash and recyclables shall have labeling that identifies which of the materials are being collected. The labeling shall be affixed to the vehicle and must be readily visible to anyone who observes the collection of trash, recyclables, and yard waste. The materials being deposited into the vehicle must match the labeling on that same vehicle. Any dumpsters/containers provided must also be labeled. The materials being deposited into the vehicle from the dumpster/container must match the labeling on that same vehicle.
12. Missed Premises. If any premises or collections are missed, the contractor shall return to make pickup on that regularly scheduled day or at the beginning of the next day's route if contractor was notified after that day's route was completed.
13. Indemnity. Contractor shall indemnify, hold harmless and defend the City, its elected officials, officers, employees, agents and volunteers (“Indemnitees”) against any and all liability, loss, costs, damages, expenses, claims or actions, including reasonable attorney’s fees which the Indemnitees may hereafter sustain, incur or be required to pay, arising wholly or in part due to any negligent act or omission, or willful misconduct of Contractor, its agents, servants or employees, in the execution, performance or
Page 4 of 9 failure to adequately perform Contractor’s obligations pursuant to this contract. Contractor will be held liable for any damage, injury (including death) or destruction based upon, connected with, or related to contractor's waste removal personnel or equipment while performing services for the City.
14. Performance Bond. Contractor shall furnish and maintain any and all performance bonds required under the Request for Proposals for Solid Waste Collection and Disposal.
15. Insurance. Contractor shall at all times during the Agreement maintain in full force and effect the following insurance from insurer(s) rated A- or better by A.M. Best in amounts sufficient to protect the Contractor and City from claims under Workers Compensation Acts and any other claims for property damage and/or bodily injury, including death, which may arise from the performance of the Work under this Agreement, whether the Work is performed by the Contractor, its subcontractor, or anyone directly or indirectly employed by either of them.
Limits of coverage to be as follows: (a) Workers' Compensation Statutory Employers Liability/Ohio Stop Gap $ 1,000,000 (b) Commercial General Liability: Bodily injury/property damage per occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 (c) Commercial Automobile Liability: Combined Single Limit (including Owned, $1,000,000 Hired, and Non-Owned Autos) (d) Excess/Umbrella Liability (over Employer's Liability, $ 5,000,000 General Liability, and Auto)
The General Liability policy must be written on the current edition of ISO form CG 00 01 or equivalent. The policy shall have no modifications limiting coverage for contractual liability, damage to work performed by subcontractors, residential construction, earth movement, explosion, collapse, or underground damage. The policy shall be endorsed to provide that the General Aggregate Limit applies separately to each of the insured Contractor's projects. The Owner (including its officers, directors and employees) shall be named as Additional Insured on the General Liability policy on ISO form CG 20 10 11 85 or its equivalent, affording coverage to Additional Insured(s) for claims arising out of both ongoing and completed operations. Owner shall also receive coverage as an additional insured Contractor’s Auto Liability policy. Contractor's policies shall be primary insurance as respects Owner, and any other insurance policy that Owner may have in effect shall be deemed excess and not contributory. The General Liability policy affording coverage to Owner as Additional Insured must be maintained for three (3) years after completion of the project. If any of the Work is performed by subcontractors, Contractor shall be responsible for ensuring subcontractors comply with these insurance requirements and extend coverage to both Contractor and Owner as additionally insured.
The Contractor shall purchase and maintain an Installation Floater, covering loss or damage to materials and/or equipment suffered during the course of the Work. This insurance shall include the interests of the Owner, Contractor, and any Subcontractors. The policy shall be written on special form and shall cover all materials specified for the job, whether onsite, offsite or in transit.
The Contractor will submit to the Owner certificates of insurance (including a certificate of compliance from the Ohio Bureau of Workers’ Compensation for Ohio subcontractors) certifying that the insurance policies required by this agreement are in force and shall be maintained for the duration of the Project. Contractor shall also provide copies of additional insured endorsement(s) as required herein. Full copies of policies shall be provided upon Owner’s request. Certificates shall reflect Owner’s status as an
Page 5 of 9 additional insured and shall provide that Owner is to be provided thirty (30) days advance written notice in the case of cancellation or nonrenewal of the required policies (10 days if cancelled due to nonpayment of premium)
As an alternative to the above, Contractor may insure the above commercial liability and property coverage under a plan of self-insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of $250,000 with the result that the Contractor is its own insurer to that extent. The Contractor’s parent corporation may provide the coverage.
16. Local Contact. The City shall be given the name and phone number of the single appropriate person within the Contractor's employment with whom complaints can be aired and remedied. The City shall also be given the name and phone number of the foreman or other assigned representative of the Contractor who is responsible for all collections (residential solid waste and recycling). Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. on regular collection days. Contractor shall maintain 1-800 or other toll free telephone service if said calls would otherwise require long distance telephone service.
17. Compliance with law. Contractor shall, at its sole cost and without increasing the amount paid by Huber Heights residents as set forth in this Agreement, adhere to all federal and state laws, regulations, ordinances, and other policies that pertain to actions performed for and within the City of Huber Heights, including but not limited to applicable requirements of the Montgomery County Solid Waste District Solid Waste Management Plan and any amendments if and when they are adopted and any and all laws that involve compliance with environmental rules or regulations. Contractor shall, at its sole cost and expense, obtain all licenses and permits and promptly pay all taxes required by the City (including but not limited to withholding taxes).
18. Assignment. No assignment of the Agreement or any right accruing under this Agreement shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld; in the event of any assignment, the assignee shall assume the liability of the Agreement and the Contractor shall guarantee performance by the assignee.
19. Records. Contractor shall be required to keep records and submit reports to comply with the Montgomery County Solid Waste Management District’s Annual District Reporting Requirements. These reports will serve as a means to apprise City staff and the Montgomery County Solid Waste Management District of the status of solid waste, recycling, and yard waste composting activities and expenditures. Reporting requirements may include, but are not limited to:
A. Quarterly Project Status Report
The contractor shall provide quarterly project status reports. These reports shall be due within thirty (30) days of the close of the quarter being reported. At a minimum, the reports shall include:
1. Tons of recyclable materials collected and recycled and location of processing facility.
2. Tons of Solid Waste collected and disposed and location of disposal facility.
3. Number or percentage of residents participating in the curbside recycling and yard waste programs.
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4. Quarters to be reported shall include: 1st Quarter = January, February, March 2nd Quarter = April, May, June 3rd Quarter = July, August, September 4th Quarter = October, November, December
B. Annual Reports
Contractor shall provide year-end annual reports for each year the project is in operation. These reports will be due within 45 days of the end of the Calendar year. At a minimum, the report shall include the information included in the quarterly project status reports.
20. Default. In case of default by the Contractor, the City may procure the articles of services from other sources with or without further advertising and may hold the Contractor responsible for any excess costs occasioned thereby.
21. Annual Leaf Collection. Nothing herein shall prohibit the City from continuing its annual leaf collection program with in-house staff. The Contractor shall be required to provide pick up for all other special/bulk normal household items.
22. Community. The Contractor shall:
A. Participate at an average of two Huber Height community events per year.
B. Develop, in cooperation with and subject to approval by the City, comprehensive literature explaining how the refuse collection and curbside recycling will work, scheduled pick-up routes, holiday information, a thorough description of the recyclable materials that will be accepted, etc. which shall include at a minimum, the items set forth below. This brochure shall be mailed or delivered by the Contractor to all residential customers at least two weeks prior to implementation of the program and annually thereafter. Additional copies of the literature shall be provided to the City for distribution.
23. Municipal Facilities Service. The following City of Huber Heights facilities shall be provided with dumpster collection services, or in the case of the RTA locations, trash can collection services, as follows with no fee to the City:
City Hall/Police Dept., 6131/ 6121 Taylorsville Road Montgomery County Municipal Courts, 6111 Taylorsville Road Thomas Cloud Park 4707 Brandt Pike Fire Station 22 7014 Brandt Pike Fire Station 23 7435 Old Troy Pike Fire Station 25 9975 Old Troy Pike Division of Taxation Division of Water and Wastewater Senior Center, 6428 Chambersburg Road Public Works Department 7020 Brandt Pike 16 RTA trash cans at 14 locations throughout the City The Kroger Aquatic Center at The Heights The Rose Music Center at The Heights
All Municipal Facilities above shall receive service 1 day per week during summer and winter services except the Public Works Department will receive service 2 days per week year round, Thomas Cloud Park
Page 7 of 9 and the Kroger Aquatic Center at The Heights will require 2 days per week during summer service and will have no winter service. Summer service will commence the first of April and conclude at the end of October. Winter service will commence the first of November and conclude the end of March. The City reserves the right to add other City facilities that will require like or similar service.
24. Complaints. All complaints from Citizens shall be made directly to the Contractor and shall be given prompt and courteous attention.
25. No Discrimination. Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin.
26. Excluded Waste. If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire bin, container, bag or bundle of waste. In such situations, Contractor shall contact the City and the City shall undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the waste. In the event any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove, transport and dispose of such Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all applicable laws and charge the depositor or generator of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery and disposal of such Excluded Waste. Contractor shall release City from any liability for any such costs incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be attributed to the City.
27. Independent Contractor. Contractor and its employees shall perform all work and service hereunder as an independent contractor. Neither Contractor nor any of its officers, directors, employees, agents or representatives shall be deemed to be the employees of the City, nor shall they be entitled to any benefits made available to employees of the City. Contractor shall be solely responsible for the compliance with all applicable federal and state laws with respect to its officers, directors, employees, agents or representatives. Any and all payroll taxes, social security benefits, insurance requirements, or employment benefits of any kind whatsoever of Contractor its officers, directors, employees, agents or representatives shall be borne exclusively by Contractor and not the City. Nothing herein is intended to, or shall be deemed to, create a partnership, joint venture, agency, or other relationship creating fiduciary or quasi- fiduciary duties or similar duties and obligations or otherwise subject the parties to joint and several or vicarious liability or to impose any duty, obligation, or liability that would arise therefrom with respect to either or both of the Parties. The relationship between the Parties shall be limited to the obligations in this Agreement.
28. Miscellaneous. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. If any provision of this Agreementshall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. The failure or delay on the part of either party to exercise any right, power, privilege or remedy under this Agreementshall not constitute a waiver thereof. No modification or waiver by either party of any provision shall be deemed to have been made unless made in writing. Any waiver by a party for one or more similar events shall not be construed to apply to any other events whether similar or not. This Agreementshall be interpreted and governed by the laws of the state of Ohio. This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that exist between the parties regarding the subject matter of this Contract. The specifications, Notice to Bidder and other documents associative with the Request for Proposal for Solid Wast Collection and Disposal, (the “Bid Documents”) are hereby made part of this Contract by reference. To the extent of anyconflict between an of the Bid Documents and this Agreement, the terms of this Agreement shall apply. This Agreement was negotiated between the Parties, each of whom had the
Page 8 of 9 opportunity to consult with legal counsel during the negotiation, drafting, and execution of this Agreement, and the Parties agree that this Agreement shall not be construed against any Party as the drafter.
29. Force Majeure. Except for City’s obligation to pay amounts due to Contractor, any failure or delay in performance under this Agreement due to contingencies beyond a party’s reasonable control, including, but not limited to, riots, strikes, terrorist acts, compliance with applicable laws or governmental orders, fires, bad weather and acts of God, shall not constitute a breach of this Agreement, but shall entitle the affected party to be relieved of performance at the current pricing levels under this Agreement during the term of such event and for a reasonable time thereafter. The collection or disposal of any increased volume resulting from a natural disaster or terrorist act over which the Contractor has no control, shall be included as part of the Contractor’s service under this Agreement. In the event of such a natural disaster or terrorist act, the Contractor and the City shall negotiate the payment to be made to the Contractor. Further, when the City and the Contractor reach such agreement, then the City shall grant the Contractor variances in routes and schedules, as deemed necessary, of the Contractor.
30. Title to Waste. Notwithstanding anything set forth in this Agreement or otherwise to the contrary, ownership and liability of Excluded Items shall not pass to Contractor.
City of Huber Heights Dempsey Waste Systems, II Inc. d.b.a. Republic an Ohio Municipal Corporation Services of Dayton, an Ohio corporation
______By: By: Its: Its: Date: ______Date: ______
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AI-7632 New Business D. City Council Meeting City Manager Meeting Date: 05/24/2021 2022-2026 Capital Improvement Plan (CIP) Submitted By: Bryan Chodkowski Department: Finance Council Committee Review?: Council Date(s) of Committee Review: 05/18/2021 Work Session Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.:
Agenda Item Description or Legislation Title A Resolution Approving The City Of Huber Heights Five-Year Capital Improvement Plan For 2022-2026. (first reading)
Purpose and Background The Capital Improvement Plan (CIP) process exists to provide a standard procedure to identify, evaluate and prioritize the current and future capital needs of the City. The CIP process helps provide a standard process and method of proposing the planning and financing of capital improvements, and makes capital expenditures more responsible to community needs by informing and involving the public.
The CIP is a five-year outlook for anticipated capital projects and is reviewed and updated annually by the City. These projects are primarily related to improvements in transportation, parks, utilities, major equipment and facilities.
In developing the Five-Year CIP, several elements are taken into consideration: City Council goals, grant funding opportunities, economic development opportunities, technology improvements, maintenance and improvements to utilities and infrastructure, and maintenance/rehabilitation of existing City facilities and equipment.
As the CIP process develops, the intention is to prioritize projects according to criteria established in the City's goals. The CIP process should also create a more justified and understandable decision-making process, thus linking capital investments and the City's long-term vision and goals.
The 2022-2026 proposed CIP process is developed in support of the City's 2022 Budget with emphasis placed on the City's fiscal health, safety of the public and employees, and advancing the economic growth and stability of the community. The overall goals of the CIP includes:
* Provide a list and outline of the major capital improvement projects the City is considering * Outline a process for establishing priorities and implementation of CIP projects * Provide a five-year spending plan to outline funding of the CIP projects
Through the creation and administration of the 5-Year CIP, it brings out discussions on the state of the City's infrastructure and finances. Final approval of the plan establishes understanding and consensus within the City's leadership on priorities to be pursued in the coming years related to capital programs.
The 5-Year CIP is not a budget, and approval of the plan does not commit funding for any specific capital project or purchase. This plan provides an outline of the City's overall capital investment needs and provides a set of recommendations to aid in annual decision-making on capital purchase projects. The 5-Year CIP provides as a linking tool between vision, goals and implementation for City Council and the administration. The CIP process and approving the plan affords an opportunity for accountability and transparency for the entire community.
Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications:
Attachments Resolution Exhibit A CITY OF HUBER HEIGHTS STATE OF OHIO
RESOLUTION NO. 2021-R-
APPROVING THE CITY OF HUBER HEIGHTS FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR 2022-2026.
WHEREAS, the City Charter requires the adoption of a Capital Improvement Plan or revisions thereto; and
WHEREAS, the 2022-2026 Five-Year Capital Improvement Plan has been prepared and submitted to City Council for review and consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that:
Section 1. The 2022-2026 Five-Year Capital Improvement Plan attached hereto as Exhibit A is hereby approved.
Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.
Section 3. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights.
Passed by Council on the ______day of ______, 2021; ______Yeas; ______Nays.
Effective Date:
AUTHENTICATION:
Clerk of Council Mayor
Date Date EXHIBIT A
AI-7631 New Business E. City Council Meeting City Manager Meeting Date: 05/24/2021 Supplemental Appropriations Submitted By: Jim Bell Department: Finance Division: Accounting Council Committee Review?: Council Work Session Date(s) of Committee Review: 05/18/2021 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.:
Agenda Item Description or Legislation Title An Ordinance Amending Ordinance No. 2020-O-2453 By Making Supplemental Appropriations For Expenses Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2021 And Ending December 31, 2021. (first reading)
Purpose and Background The supplemental appropriations are for the following purposes:
- $63,459 for installing street lights and LED lights at Needmore Radio Tower, Brandt Pike & Carriage Trails Blvd, and the intersections of Chambersburg/Emerald Down and Fishburg/Churchill Downs. - $36,000 for property taxes (due to the sexennial increase from Montgomery County) paid from the TED Fund. - $8,345 for outfitting the new 2021 medic (released from remaining balance on 2020 purchase order for Horton).
Fiscal Impact Source of Funds: Various Funds Cost: $107,804 Recurring Cost? (Yes/No): No Funds Available in Current Budget? (Yes/No): Yes Financial Implications:
Attachments Ordinance CITY OF HUBER HEIGHTS STATE OF OHIO
ORDINANCE NO. 2021-O-
AMENDING ORDINANCE NO. 2020-O-2453 BY MAKING SUPPLEMENTAL APPROPRIATIONS FOR EXPENSES OF THE CITY OF HUBER HEIGHTS, OHIO FOR THE PERIOD BEGINNING JANUARY 1, 2021 AND ENDING DECEMBER 31, 2021.
WHEREAS, supplemental appropriations for expenses of the City of Huber Heights must be made for appropriations of funds for various 2021 operating and project funding.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Huber Heights, Ohio that:
Section 1. Ordinance No. 2020-O-2453 is hereby amended as shown in Exhibit A of this Ordinance.
Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.
Section 3. This Ordinance shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights.
Passed by Council on the ______day of ______, 2021; ______Yeas; ______Nays.
Effective Date:
AUTHENTICATION:
______Clerk of Council Mayor
______Date Date
EXHIBIT A
AMENDING ORDINANCE NO. 2020-O-2453 BY MAKING APPROPRIATIONS FOR EXPENSES OF THE CITY OF HUBER HEIGHTS, OHIO FOR THE PERIOD BEGINNING JANUARY 1, 2021 AND ENDING DECEMBER 31, 2021.
1) Section 4 of Ordinance No. 2020-O-2453 is hereby amended to reflect an increase in the appropriations of the 207 Lighting District Fund, Operations and Capital of $63,459.00. 2) Section 28 of Ordinance No. 2020-O-2453 is hereby amended to reflect an increase in the appropriations of the 410 Transformative Economic Development Fund, as follows: a. Subsection a) Economic Development, Operations and Capital of $36,000.00. 3) Section 31 of Ordinance No. 2020-O-2453 is hereby amended to reflect an increase in the appropriations of the 431 Fire Capital/Equipment Fund, as follows: a. Subsection a) Fire, Operations and Capital of $8,345.00.
Lighting District Fund $63,459.00 Transformative Economic Dev Fund $36,000.00 Fire Capital/Equipment Fund $8,345.00
AI-7633 New Business F. City Council Meeting City Manager Meeting Date: 05/24/2021 Windbrooke Subdivision - Special Assessments - Section 3-2 - Resolution of Necessity Submitted By: Jason Foster Department: Economic Development Council Committee Review?: Council Date(s) of Committee Review: 05/18/2021 Work Session Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.:
Agenda Item Description or Legislation Title A Resolution Declaring It Necessary To Improve Public Streets And Easements In Windbrooke Section 3 (Parcel Two - Phase 2) By Constructing And Installing On Certain Property Within The City Street Improvements, Including Subbase, Concrete Curb/Gutter With Drainage, Asphalt, Street Lights And Signs, Along With All Necessary Appurtenances. (first reading)
Purpose and Background Carriage Trails at The Heights LLC has petitioned the City to install certain roads within Section 3-2 of the Windbrooke Subdivision and asked to have the costs associated with these improvements be assessed against the individual lots created. The owner anticipates creating 25 lots in Section 3-2 in 2021. The total assessment is estimated to be $200,000 to be repaid by annual assessments, per the petition, against the 25 lots for a total of 25 years. The City shall pay for a portion of the improvements as set forth in the petition and will recover these costs from the assessments.
Fiscal Impact Source of Funds: Special Assessments Cost: $200,000 Recurring Cost? (Yes/No): No Funds Available in Current Budget? (Yes/No): No Financial Implications:
Attachments Resolution Exhibit A
CITY OF HUBER HEIGHTS STATE OF OHIO
RESOLUTION NO. 2021-R-
DECLARING IT NECESSARY TO IMPROVE PUBLIC STREETS AND EASEMENTS IN WINDBROOKE SECTION 3 (PARCEL TWO - PHASE 2) BY CONSTRUCTING AND INSTALLING ON CERTAIN PROPERTY WITHIN THE CITY STREET IMPROVEMENTS, INCLUDING SUBBASE, CONCRETE CURB/GUTTER WITH DRAINAGE, ASPHALT, STREET LIGHTS AND SIGNS, ALONG WITH ALL NECESSARY APPURTENANCES.
WHEREAS, the owner of 100% of the lots and lands to be assessed for the Improvement (described in Section 2) has petitioned this Council (that Petition for Special Assessments and Affidavit is attached hereto as Exhibit A and incorporated herein by reference and is referred to herein as the "Petition") for the construction of the Improvement (as defined in Section 2), and further, that there be assessed against the real property described in the Petition certain costs of the Improvement; and
WHEREAS, this Council has heretofore directed that the plans, specifications, profiles and estimate of cost be prepared for the Improvement; and
WHEREAS, this Council has determined to adopt this Resolution to accept the Petition and approve the plans, specifications, profiles and estimate of cost of the Improvement, as prepared by IBI Group Inc. (fka ME Companies Inc.), and to further provide for such other terms and provisions relating to the Improvement as are set forth in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio, three-fourths of all members elected or appointed thereto concurring, that:
Section 1. This Council hereby finds that the Petition has been signed by the owners of 100% of the lots and lands to be assessed for the Improvement.
Section 2. It is declared necessary to improve public streets and easements by constructing and installing on the Property (as described in the Petition) street improvements, including subbase, concrete curb/gutter with drainage, asphalt, street lights and signs, along with all necessary appurtenances (collectively, the "Improvement").
Section 3. The plans, specifications, profiles and estimate of cost of the Improvement, which have been prepared by IBI Group Inc., and which are now on file in the Office of the Clerk of Council, are approved. The Improvement shall be made in accordance with, and the grade of the Improvement and of any street shall be the grade as shown on, the plans, specifications and profiles for the Improvement.
Section 4. This Council finds and determines that (a) the Improvement is conducive to the public health, convenience and welfare of this City and the inhabitants thereof and (b) the lots and lands to be assessed as described in Section 9 hereof and in the Petition are specially benefited by the Improvement. Council further declares that any obligations of the City hereunder and expressly conditioned upon the sale by the City of Parcel Three to the Property Owners as set forth in the Petition.
Section 5. This Council hereby accepts the Petition. Subject to the provisions of and limitations set forth in the Petition, $200,000 of the costs of the Improvement (plus any interest on the special assessments to be computed in accordance with Section 1 of the Petition at the same rate applicable to notes or bonds to be issued by the City or other debt incurred by the City to pay for such Improvement in anticipation of the collection of the special assessments) shall be assessed against the real property described in and pursuant to the Petition. Any additional costs of the Improvement shall be paid by the landowner.
Section 6. The cost of the Improvement shall include the cost of preliminary and other surveys, plans, specifications, profiles and estimates and of printing, serving and publishing notices, resolutions and ordinances, the amount or any damages resulting from the Improvement and the interest thereon, the costs incurred in connection with the preparation, levy and collection of the special assessments, the cost of purchasing, appropriating, and otherwise acquiring any real estate or
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interest therein required for the Improvement, expenses of legal services including obtaining legal opinions, cost of labor and material and interest on securities issued in anticipation of the levy and collection of the special assessments, together with all necessary expenditures.
Section 7. Upon the sale of Parcel Three as set forth in the Petition, the City Engineer is authorized and directed to prepare and file, or cause to be prepared and filed, in the Office of the Clerk of Council the estimated special assessments of the cost of the Improvement described in this Resolution. Those estimated special assessments shall be based upon the estimate of cost of the Improvement now on file in the Office of the Clerk of Council and shall be prepared pursuant to the provisions of this Resolution and the Petition.
Section 8. The special assessments to be levied shall be paid in twenty-five (25) annual installments of $650 for Section 3 (Parcel Two - Phase 2) (each annual installment to be payable semi-annually at the time real estate taxes in Miami County, Ohio are payable), together with interest on the unpaid principal amount of each special assessment as provided for by law, and in accordance with the Petition and the ordinance levying the final special assessments.
Section 9. This City has reviewed the plans and specifications and the associated cost estimates for the proposed Improvements as detailed in the Petition and this Council finds and determines that the average useful life of the Improvements is at least 28 years.
Section 10. The City presently intends to issue securities and incur debt in anticipation of the collection of the special assessments. The remainder of the entire cost of the Improvement, after application of the special assessments, shall be paid by the landowner. The landowner may seek reimbursement for all or a portion of the remaining costs from other City funds available for that purpose. (Any such reimbursement shall be in accordance with an existing TIF Reimbursement Agreement or Development Agreement.)
Section 11. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the adoption of this Resolution were taken in an open meeting of this Council and any of its committees, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Section 121.22 of the Ohio Revised Code.
Section 12. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights.
Passed by Council on the ______day of ______, 2021; ______Yeas; ______Nays.
Effective Date:
AUTHENTICATION:
Clerk of Council Mayor
______Date Date
CERTIFICATE
The undersigned, Clerk of Council of the City of Huber Heights, Ohio, hereby certifies that the foregoing is a true and correct copy of Resolution No. 2021-R-______adopted by the Council of the City of Huber Heights, on ______, 2021.
Clerk of Council
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EXHIBIT A PETITION FOR SPECIAL ASSESSMENTS AND AFFIDAVIT
March 24, 2021
To the City Council of the City of Huber Heights, Ohio:
WHEREAS, for Windbrooke Section 3 (Parcel Two - Phase 2), Carriage Trails at The Heights LLC, an affiliate of Corridor Development Company LLC (the "Property Owner" and the "Developer"), represents that it owns certain real property (which real property represents 100% of the real property described and depicted in ATTACHMENTS A-1 and A-2 attached hereto and by reference made a part hereof and referred to herein as the "Property"), all of which Property is located within the City of Huber Heights, Ohio (the "City"); and
WHEREAS, the Property Owner acknowledges that, in connection with the development of the Property, the Property will benefit from the construction and installation on the Property of certain public infrastructure improvements, including but not limited to, street improvements, including subbase, concrete curb/gutter with drainage, asphalt, street lights and signs, along with all necessary appurtenances thereto which public infrastructure improvements are now on file in the Office of Clerk of Council and collectively referred to herein as the “Improvement"; and
WHEREAS, the Property Owner hereby petitions the City for the construction of the Improvement and further that a portion of the costs of the Improvement be assessed against the Property in accordance with this Petition; and
WHEREAS, the Property Owner acknowledges and agrees that the Property includes all of the real property to be assessed pursuant to this Petition, all of which Property will receive special benefits from the construction of the Improvement; and
WHEREAS, the Property Owner further deposes and states that this Petition and actions provided for herein impose burdens and obligations upon the Property and provide for special assessments to be levied upon the Property in accordance with this Petition, and that this Petition is available for inspection at the office of the Clerk of City Council; and
WHEREAS, the Property Owner requests that 100% of the special assessments be deferred as provided for herein; and
WHEREAS, the Property Owner has entered into a Real Estate Sale and Purchase Agreement, as amended with the City whereby the Property Owner purchased the Property and has agreed to purchase additional adjacent land referred to in the Real
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Estate Sale and Purchase Agreement, as amended as Parcel Three (“Parcel 3”) on or before June 30, 2021;
NOW, THEREFORE, the Property Owner hereby petitions the City Council of the City of Huber Heights, Ohio as follows·
1. Special Assessments. The Property Owner states that it owns 100% of the Property. Acting pursuant to Chapter 727, Ohio Revised Code, the Property Owner petitions City Council for the construction of the Improvement, upon Property Owner’s purchase of Parcel Three (understanding that Parcel 3 is not to be considered part of the Property as defined herein) and agrees that the Property will receive special benefits from the construction of the Improvement, and respectfully requests that $8,000 per lot completed for Windbrooke Section 3 (Parcel Two - Phase 2), which represents the costs of the Improvement, including without limitation the compensation, damages and expenses of the Improvement, be assessed upon the Property. The Property Owner anticipates that the Property will be divided into twenty-five (25) lots for Section 3 (Parcel Two - Phase 2), and that the actual costs of the Improvement will be apportioned equally among all of the lots included within the Property. To the extent the Property Owner, or its grantees or other successors with respect to the Property, does not pay the special assessments as levied in the time period provided for by Ohio law, the Property Owner acknowledges and agrees that the City may, in accordance with Ohio law, issue notes or bonds or incur other debt in anticipation of the collection of those unpaid special assessments. The Property Owner further agrees that in accordance with Ohio law, the City may increase those unpaid special assessments by an amount necessary to reflect any financing costs, including but not limited to, interest and issuance expenses, and if the City elects not to issue notes or bonds in anticipation of the collection of those unpaid special assessments, the City may increase those unpaid special assessments by an amount to reflect interest on such unpaid special assessments at an interest rate which shall be determined by the City to be substantially equivalent to the fair market rate that would have been borne by such notes or bonds. The City may also increase the unpaid assessments by an amount equal to the actual costs charged by Miami County to administer and collect the special assessments.
2. Construction and Payment of Costs of the Improvement. (a) The Developer shall construct the Improvement in a manner consistent with the plans and specifications for such Improvement which shall have been approved by the City, (b) the Developer shall obtain performance and payment bonds meeting the requirements of Sections 153.54 and 153.57 of the Ohio Revised Code guaranteeing the completion of the construction of the Improvement and the payment of subcontractors, material providers and laborers from all of Developer's subcontractors and material suppliers, (c) the Developer shall pay prevailing wage to laborers as determined by the Ohio Department of Commerce under Chapter 4115 of the Ohio Revised Code in connection with the construction of the Improvement, (d) the Developer shall be responsible for paying the actual costs of such Improvement prior to the time such Improvement is dedicated to and accepted by the City, (e) the Developer shall provide warranties and guarantees with respect to the workmanship of the Improvement and the correction of deficiencies, (f) the
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City shall, promptly following completion of construction of the Improvement and dedication to and acceptance by the City of the Improvement, pay to the Developer an amount of $8,000 per platted lot for Section 3 (Parcel Two - Phase 2), provided that the amount of such payment shall be specially assessed pursuant to this Petition, and (g) if required by the City, the City and the Developer shall enter into an Infrastructure Agreement to include the above terms in a form substantially in compliance with the May, 2010 Infrastructure Agreement currently in effect between the City and the Developer.
3. Duration of Special Assessments. The Property Owner hereby confirms that the special assessments (which shall be adjusted to include an amount necessary to reflect any financing costs, including but not limited to, interest and issuance expenses on related securities issued by the City or an interest equivalent if securities are not issued) and the interest thereon be payable in twenty-five (25) annual installments of $650 of principal and interest for Section 3 (Parcel Two - Phase 2) (each annual installment to be payable semi-annually at the time real property taxes in Miami County, Ohio are payable), that the interest on the special assessments will be computed at the same interest rate applicable to the notes or bonds to be issued by the City in anticipation of collection of the unpaid special assessments or an interest equivalent, and that the annual amounts for principal and interest be computed utilizing a methodology which produces the same amount, or approximately the same amount, each year. The Property Owner hereby requests that the special assessments and interest thereon be certified to the County Auditor in order that the first installment of special assessments shall be due not later than the earliest of (a) the first date on which taxes and special assessments are due and payable in the first calendar year next following the first September 1 next following conveyance of the Property by the Property Owner to another entity or (b) the first date for 2024 on which taxes and special assessments are due and payable. Following the deferment, the special assessments will be collected in twenty-five (25) annual installments as described in this paragraph 3.
4. Payment of Special Assessments. In consideration of the Public Improvement, the Property Owner, for itself and its grantees or other successors with respect to the Property, agrees to pay promptly all special assessments levied against the lots and lands which collectively constitute the Property as they become due, and agrees that the determination by the Council of the special assessments in accordance with the terms hereof will be final, conclusive and binding upon the Property Owner and the Property. In further consideration of the Improvement, the Property Owner covenants and agrees to disclose, upon the transfer of the Property or any portion of the Property to be specially assessed for the actual costs of the Improvement, in the deed to the transferee the existence of any outstanding special assessment for the Improvement and to require that transferee covenant to disclose that information in any subsequent deed to any transferee so long as such special assessments remain unpaid. As a condition to each subsequent transfer while such special assessments remain unpaid, the Property Owner further covenants and agrees to provide expressly in the deed to any transferee (a) for the acquisition by such transferee of the Property subject to any outstanding special assessment and such transferee's assumption of responsibility for payment thereof and for the waiver by the transferee of any rights that the Property Owner has waived pursuant
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to this Petition and (b) the requirement that each transferee from time to time of the Property covenant to include in the deed to any subsequent transferee the conditions described in clause (a) so long as such special assessments remain unpaid.
5. Action by City Council. The Property Owner, for its successors and assigns, further consents and requests that all legislation required to be enacted to permit the Improvement to commence immediately upon the purchase by Property Owner of Parcel Three be enacted at one City Council meeting.
6. Waivers. The Property Owner consents and requests that these special assessments be levied and collected without limitation as to the value of the Property, and waives all the following relating to the Improvement and the special assessments:
(a) any and all rights, benefits and privileges specified by Sections 727.03 and 727.06 of the Revised Code or by any other provision restricting these special assessments to 33-1/3% of the actual improved value of the lots and lands as enhanced by the Improvement to be made;
(b) any and all rights, benefits and privileges specified by Section 727.04 of the Revised Code or by any other provision Limiting special assessments for re- improvement when a special assessment has been levied and paid previously;
(c) any and all damages or claims for damages of whatsoever kind, character or description resulting from the Improvement or the making of the Improvement, including but not limited to all rights, benefits and privileges specified by Sections 727.18 through 727.22 and Section 727.43 of the Revised Code;
(d) any and all resolutions, ordinances and notices required for the making of the Improvement, including the notice of the adoption of the resolution of necessity and the filing of estimated special assessments, the equalization of the estimated special assessments, any increase in the cost of labor and materials over the estimated cost, the passage of the assessing ordinance, and the right to apply for deferment of the special assessments pursuant to Section 727.251 of the Revised Code, and including, but not limited to, notices authorized and required by Sections 727.13, 727.16, 727.17, 727.24 and 727.26 of the Revised Code;
(e) any limitation on the addition of interest to the special assessments specified by Section 727.301 of the Revised Code;
(f) any limitation or restriction on the levy and collection of special assessments against the Property for the Improvement as specified in Section 929.03 of the Revised Code; and
(g) any and all irregularities and defects in the proceedings.
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7. Notice. Notice may be provided to the Property Owner at: Carriage Trails at The Heights LLC 6375 Riverside Drive - Suite 200 Dublin, Ohio 43017 Attention: William W. Keethler II, President
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ATTACHMENT A-1
Description of the Property
Approximately 7.594 acres in Windbrooke - Section 3 (Parcel Two- Phase 2) being lots 44 through 68 of Carriage Trails, in the City of Huber Heights, Miami County, Ohio, as shown on Attachment A-2 attached hereto.
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ATTACHMENT A-2
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AI-7634 New Business G. City Council Meeting City Manager Meeting Date: 05/24/2021 Windbrooke Subdivision - Special Assessments - Section 2 - Ordinance To Proceed Submitted By: Anthony Rodgers Department: City Council Council Committee Review?: Council Date(s) of Committee Review: 05/18/2021 Work Session Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.:
Agenda Item Description or Legislation Title An Ordinance Determining To Proceed With The Improvement Of Public Streets And Easements In Windbrooke Section 3 (Parcel Two - Phase 2) By Constructing And Installing On Certain Property Within The City Street Improvements, Including Subbase, Concrete Curb/Gutter With Drainage, Asphalt, Street Lights And Signs, Along With All Necessary Appurtenances. (first reading)
Purpose and Background Carriage Trails at The Heights LLC has petitioned the City to install certain roads within Section 3-2 of the Windbrooke Subdivision and asked to have the costs associated with these improvements be assessed against the individual lots created. The owner anticipates creating 25 lots in Section 3-2 in 2021. The total assessment is estimated to be $200,000 to be repaid by annual assessments, per the petition, against the 25 lots for a total of 25 years. The City shall pay for a portion of the improvements as set forth in the petition and will recover these costs from the assessments.
Fiscal Impact Source of Funds: Special Assessments Cost: $200,000 Recurring Cost? (Yes/No): No Funds Available in Current Budget? (Yes/No): No Financial Implications:
Attachments Ordinance CITY OF HUBER HEIGHTS STATE OF OHIO
ORDINANCE NO. 2021-O-
DETERMINING TO PROCEED WITH THE IMPROVEMENT OF PUBLIC STREETS AND EASEMENTS IN WINDBROOKE SECTION 3 (PARCEL TWO - PHASE 2) BY CONSTRUCTING AND INSTALLING ON CERTAIN PROPERTY WITHIN THE CITY STREET IMPROVEMENTS, INCLUDING SUBBASE, CONCRETE CURB/GUTTER WITH DRAINAGE, ASPHALT, STREET LIGHTS AND SIGNS, ALONG WITH ALL NECESSARY APPURTENANCES.
WHEREAS, this Council has adopted Resolution No. 2021-R-____ on ______, 2021 (the “Resolution of Necessity”), declaring the necessity of making the Improvement described in Section 1, subject to the sale of Parcel Three as set forth in the Petition.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Huber Heights, Ohio, that:
Section 1. It is determined to proceed with the improvement of public streets and easements by constructing and installing on the Property (as described in the Petition) street improvements, including subbase, concrete curb/gutter with drainage, asphalt, street lights and signs, along with all necessary appurtenances (collectively, the “Improvement”) more fully described in the plans and specifications on file in the Office of the Clerk of Council.
Section 2. The Improvement shall be made in accordance with the provisions of the Resolution of Necessity (including the Petition referenced therein and attached thereto, and subject to the sale of Parcel Three as described in the Petition) and with the plans, specifications, profiles and estimate of cost previously approved and now on file in the Office of the Clerk of Council.
Section 3. The portion of the cost of the Improvement to be assessed in accordance with the Resolution of Necessity and the related Petition shall be assessed in the manner and pursuant to the payment schedule set forth, and on the lots and lands described, in that Resolution and the related Petition.
Section 4. The City shall pay for a portion of the Improvement as set forth in the Petition and will recover these costs from the assessments described in the Petition. All other costs shall be paid by the landowner.
Section 5. All claims for damages resulting from the Improvement that have been or are legally filed shall be inquired into after completion of the Improvement, and the City Attorney is authorized and directed to institute legal proceedings in a court of competent jurisdiction to inquire into those claims.
Section 6. The estimated special assessments previously prepared and filed in the Office of the Clerk of Council and in accordance with the Resolution of Necessity and the related Petition are adopted.
Section 7. The Clerk of Council shall deliver a certificate copy of this Ordinance to the County Auditor of Miami County, Ohio within 15 days after its passage.
Section 8. Subject to the provisions of Section 727.24 of the Revised Code, the City Manager is authorized and directed, as soon as the funds are available, after the sale of Parcel Three as described in the Petition to make and sign a contract for the Improvement in accordance with applicable law, and the Improvement shall be financed as provided in the Resolution of Necessity.
Section 9. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and any of its committees, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Section 121.22 of the Ohio Revised Code.
Section 10. This Ordinance shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights.
Passed by Council on the ______day of ______, 2021; ______Yeas; ______Nays.
AUTHENTICATION:
Clerk of Council Mayor
Date Date
CERTIFICATE
The undersigned, Clerk of Council of the City of Huber Heights, Ohio, hereby certifies that the foregoing is a true and correct copy of Ordinance No. 2021-O-______passed by the City Council of Huber Heights, on ______, 2021.
______Clerk of Council