REGULAR MEETING January 14, 2008
Mayor Vann called the meeting to order
followed by roll call.
PRESENT: Mr. Hadley, Mrs. Howard, Mr.
Leonard, Mr. Martin, Mr. Petrak, Vice Mayor Giambrone, Mayor Vann
Mr. Hadley led the pledge and a moment of
Mrs. Howard MOVED to approve the agenda
after removal of Executive Session, seconded by Mr. Martin. The Motion
PASSED by minority voice vote (Vann, Giambrone, Petrak, Martin abstained).
Mr. Hadley MOVED to approve the minutes
for December 10, 2007 after correction seconded by Mrs. Howard the Motion
PASSED by unanimous voice vote.
Dave Smith of 3570 Jayfred Circle
stated that he would like for the Council to allow the citizens to vote on
an earnings tax. Mr. Smith stated that if you check around other cities
they all have City Fire Departments but we have a Township Fire Department
and we should take the upper hand and take it over. He was also
interested in instituting Impact Fees for the schools even if building is
slowing down. Then he spoke about the brick sidewalks which he did not
feel were being taken care of and suggested that the City use jail inmates
to clean it up. Mr. Smith also wanted to see better zoning and
enforcement, specifically moving the storage of RV’s and boats out of
residential neighborhoods altogether.
HEARING-Z-07-6 Daniel Matulka
Clerk Bucheit read on an application
filed by Daniel Matulka, 2262 County Line Road, Beavercreek, OH
The application requests the rezoning of 0.4566 acres of land from R-1A
One-Family Residential District to RO-1 Residential/Office District
located on the east side of County Line Road approximately 120 feet south
of Weber Drive further described as Book 3, Page 3, Parcel 80 on the
Greene County Property Tax Atlas.
Dave Montgomery on behalf of Daniel
Matulka stated this is a rezoning application which has received favorable
recommendations from staff as well as the Planning Commission. The
property has a ranch style home approximately 1600 sq ft located next to
the AHEPA senior housing and across from Reynolds and Reynolds. The
request is for RO-1 Residential/Office which is what the area is to be
used for according to the Land Use Plan that was recently updated. He is
presently using this as a residence with a home occupation but is not
allowed employees or signage and not allowed to have the structure at more
than 25% of the acreage. Mr. Matulka is looking to expand and would like
some signage and they believe this would be a good use for the property
since it would not change what is being done there now.
Mr. McGrath stated the applicant is
requesting to rezone 0.4566 acres of land located at 2262 County Line Road
from an R-1A One Family Residential District to RO-1 Residential Office
District. The applicant intends to convert the existing house into an
This property was introduced to Planning
Commission for rezoning in 2002. At that time, staff recommended
disapproval of the request based on the fact that rezoning the property
would be in conflict with the Land Use Plan. Planning Commission indicated
that an amendment to the Land Use Plan would have to be approved before
considering the application for approval, and recommended disapproval on
April 4th, 2003. Since that time, the Land Use Plan has been
updated and the applicant would like the rezoning request to be
The property is currently zoned as a
one-family residential district and contains a one-story 1,652 square foot
The subject property is surrounded by
various residential uses, including the AHEPA 113 retirement complex zoned
R-PUD directly to the south, the Fieldstone apartment complex zoned R-PUD
to the east and a single family residence zoned R-1A to the north. To the
west of the property, in the City of Kettering, is Reynolds and Reynolds,
within the Miami
The Beavercreek Land Use Plan designates
this property for an office development. The request to rezone to R-O1
for residential office development is consistent with the Land Use Plan
The RO-1 Office district is intended to
act as a transition between established residential neighborhoods, such as
the Fieldstone and Stonegate II developments to the east, and
non-residential uses, such as Reynolds and Reynolds, to the west. The
physical appearance of the buildings in RO-1 districts should be
residential in nature, and no traffic or noise should be generated which
would have a negative impact on the adjoining neighborhoods. The residence
as it stands now will not change in appearance with the exception of
perhaps a ground sign, should the rezoning be approved. The applicant has
stated that the office will be used as an insurance agency with very few
visits from clients, and the applicant has confirmed that the vast
majority of business would be conducted over the phone and through the
Mr. Fred Stecker Sr. of
2242 County Line Road
submitted a letter to Council in support of this rezoning application.
There being no other public input the
public hearing was closed.
Mr. Martin asked what the process would
be for a sign for this property. Mr. McGrath stated that there are rules
in the code requiring a small sign 3’ X 2 ‘ like one that would be used in
a residential district similar to a real estate sign and is issued by
Mr. Hadley MOVED to approve Ordinance
08-02 and send it to the second and third readings, seconded by Mr.
Martin. Ordinance 08-02 was APPROVED by unanimous voice vote.
07-6 (491 Amend 5/07) Rolin Investments
Clerk Bucheit read on an application
filed by Ronald J. Miller, 542 Snyder Court, Dayton, OH
The applicant requests approval to rezone 2.3784 acres from PUD 491 and C-PUD
91-11 into C-PUD 07-6. The property is further described as Book 5, Page
6, Parcel 223 on the Greene County Property Tax Atlas.
Roger Sadler of 1599 N. Central Dr.
stated he was representing Mr. Miller of Rolin Investments and he is here
to request to rezone two lots, one in PUD 491 and the other to the west in
PUD 91-11, they will replat to combine the two lots into one. There is
access to the property off
Rodenbeck Drive and from the west thru the plat from Dayton-Xenia Rd. and
they are going to put an island in to the south to slow the traffic.
Mr. McGrath stated there are two separate
planned unit development districts involved in this rezoning. The first is
a PUD that was established in 1978 and, for the most part, is a B-3 zoning
district since the B-3 General Business District is the underlying zoning
for the PUD at this time. The PUD is currently occupied by several
different businesses including Dayspring Ministries, Monroe
two driving schools, a beauty salon, and professional offices.
The second zoning district is PUD 91-11
which was originally the Cap’n Bogey’s site and is now occupied by Wendy’s
and the Midtown Shoppes of Beavercreek. The parcel from this PUD to be
incorporated into the new PUD 07-6 will be the vacant 0.5094 acre parcel
at the easternmost end of the PUD.
The surrounding land uses include the
previously mentioned PUD 91-11 Midtown Shoppes of Beavercreek, which is
currently home to a medical office and a Wendy’s Restaurant. To the east
of the subject property are the Village Green Office Condominiums which
are located on a parcel that is zoned as O-1 office. To the south is the
in the existing PUD 491 that has underlying B-3 zoning, and the American
Legion building, which is located in a B-2 district. To the north of the
1.8 acre property is Shoup
Park, owned by the City of
Beavercreek. To the north of the 0.5 acre property is a vacant parcel
designated R-1A single family residential that is currently owned by St.
All of the surrounding properties are
planned development areas which are designated by the Land Use Plan as
Neighborhood/Community Commercial/Office uses with the exception of the
St. Luke’s property directly to the north of the 0.5094 acres. That
property is designated as Low-Density Single Family Residential.
Currently, there is one, two-story 14,558
square foot building on the 1.8 acre site that is being occupied by
Dayspring Ministries and Greene County MRDD. The 0.5 acre property is
vacant. For the most part, the site will remain as is and if approved, the
site plan will be adopted as the approved Specific Site Plan, stamped
“Received October 5, 2007”.
As stated previously, the applicant is
requesting that the two parcels within PUDs 491 and 91-11 be rezoned to a
new PUD. The current permitted uses for the parcel in PUD 491 are all of
those that are normally allowed in B-3 General Business Districts. The
uses allowed in PUD 91-11 are those uses allowed by the Beavercreek Zoning
Code under B-2 Community Business Districts, plus miniature golf, and
outdoor recreation facilities. Should the application be approved, a
number of potentially inappropriate uses, currently permitted in B-2 and
B-3 districts, would be eliminated. The proposed permitted and conditional
uses prohibited at this site are listed within the ordinance.
The City of Beavercreek Land Use Plan
designates this area as Neighborhood/Community Commercial/Office. The
existing uses of the Rolin
Investment Building are consistent
with that designation.
The maximum building square footage
allowed within this proposed PUD shall be 16,000 square feet and there
shall only be one building permitted on the site. The design of the
building will remain as it currently is and any future modifications will
require approval from City Council and/or Planning Commission or the
The setbacks for the existing building
are the proposed minimum setbacks and shall be the conforming setbacks
only for the existing structure, if this rezoning becomes effective. If
the applicant chooses to make an application to demolish the existing
structure and redevelop the site or add square footage to the existing
building, setback requirements will be established at that time.
There are currently two access points to
this new PUD. One comes off Rodenbeck Drive to the south and the other
comes in from the Midtown Shoppes Development to the east. The applicant
has had problems recently with drivers coming through the parking lot at
high rates of speeds to cut through to the next development. Those issues
should be resolved once the extra curbing is added as shown on the site
plan. This curbing will force drivers to take the long way around the
parking lot instead of cutting through, which would in turn, reduce their
speed. All other existing parking, curbing, etc. will remain as is and
will be part of the specific site plan, should it be approved
There being no public input the Public
Hearing was closed.
Mr. Leonard asked about the half acre
parcel and whether it could be built on. Mr. McGrath stated that there is
not enough property for building and the thought was that it would be used
for shared parking for the combined lot and for the adjacent lot; that is
why the maximum square footage was capped at 16,000 sq. ft.
Mr. Petrak asked about the additional
curbing barrier if it was relevant to this particular issue. Mr. McGrath
said it was not relevant but with PUD rezoning but that it is a two step
process and it will be in the specific site plan. Mr. Petrak stated that
they showed the curbing coming down from the north and almost intersecting
the island and then there is a gap, he wanted to know if the gap was to
allow vehicles thru. Mr. McGrath stated it is not wide enough for any
vehicles to cut thru, there could be some storm water implications and
possible walkway for pedestrian access but there it is a barricade to keep
anyone from driving thru.
Mr. Petrak was concerned that anyone that
would drive to the doorway to drop someone off would not be able to get
back out if all the parking places are used. He suggested that there
should be some sort of turn around so that they could get back out. Mr.
McGrath suggested that a condition be added now for the specific site
Mr. Petrak MOVED to add a motion that
there will be applicable openings for continuous flow of traffic, seconded
by Mr. Hadley it was approved by majority voice vote (Vice Mayor Giambrone
Mayor Vann suggested looking at where the
handicapped spaces were after the new configuration of the parking lot is
Mr. Hadley MOVED to approve Ordinance
08-01 with the added motion and send it to the second and third readings,
seconded by Mrs. Howard. Ordinance 08-01 was APPROVED by majority voice
vote (Vice Mayor Giambrone abstaining).
07-5 SSP#1 Sonic Restaurant
Clerk Bucheit read
on an application filed by Houchens
Properties, 700 Church Street, Bowling Green, Kentucky, 42101. The
application requests specific site plan approval for 2.039 acres of land
to allow for construction of approximately a 1,728 square foot restaurant
located north of Colonel Glenn Highway and east of National Road. The
property is further described as Book 1, Page 9, Parcels 2, 15, 24, 25,
and 27 on the Greene County Property Tax Atlas.
Tim Rich of Houchens Properties 700
Church Street, Bowling Greene, Kentucky stated that this is the existing
Thomas Towing site on Colonel Glenn Highway near the intersection of
National Road. He stated that they had agreed with staff on several
items, it will be a brick building, they agreed to widen National Road, no
cul-de-sac access to Zink Road, 10’ wood fence between adjoining
residential property, additional landscaping in the 50’ buffer to buffer
headlights and noise, site lighting posts will not exceed 16’ in height,
no poster displays on the side of the building and there will be a bike
easement on the rear of the property. There is one item that they do not
agree with and that is the square footage of the sign, since they are new
in the area they believe that the larger sign is needed for name
Mr. Burkett stated the applicant is
requesting specific site plan approval to construct a 1,728 square foot
Sonic Restaurant with related site improvements. The proposed Sonic
Restaurant will be located northeast of the intersection of Colonel Glenn
Highway and National Road, just east of the existing Tuty’s Inn.
The applicant is proposing two access
points to this site. The primary access point to the restaurant will be on
Col. Glenn Highway, approximately 500 feet east of the intersection of
Col. Glenn Highway and National Road, 300 feet east of the access point to
Tuty’s Inn and approximately 215 feet west of the Col. Glenn Highway
access point for Meijer’s gas station. This access point will be
approximately 35 feet wide and will be a full access point. This access
point will line up with and be serviced by the traffic light at Germany
Lane and Col. Glenn Highway. The second access point to the site will be
on National Road, 325 feet north of the intersection of Col. Glenn Highway
and National Road, 80 feet north of Tuty’s Inn access point on National
Road and 88 feet south of the access point for the Fairborn Gospel
Tabernacle Church. This access point is also a full access point and is
approximately 24 feet wide.
The applicant has provided a total of 47
parking spaces on the proposed site plan. This includes 25 spaces that are
covered by a free-standing aluminum topped canopy, 20 regular uncovered
parking spaces and 2 uncovered handicap parking spaces. Based on the
Zoning Code, the applicant would be required to have 1 parking space for
each 3 seats of the restaurant, 1 space for each automobile in which food
is consumed on the premises and 1 space for each employee. Based on the
proposed site plan, there are 48 seats in the outdoor seating area, which
requires 16 spaces, and there are 25 designated spaces for where food is
to be consumed on the premises (the spaces covered by canopies), which
requires 25 spaces. This would leave enough spaces for 6 employees at the
Planning staff would like to add a
condition to provide access from the sidewalk at Colonel Glenn onto the
site without having to use the driveway meant for vehicle access.
The proposed plans call for the
construction of a 1,728 square foot, single story rectangular structure,
approximately 70 feet long and 30 feet wide. The building is oriented so
that the long axis is facing Col. Glenn Highway. There is also a 900
square foot outdoor patio on the east side of the building, covered with a
metal and fabric roof.
The building utilizes a variety of
materials, and is compatible with the designs of buildings in the
community. Included in the design features of the building is a stone
veneer that wraps the entire base of the building. The remainder of the
wall consists of a brick veneer which utilizes soldier course design to
accent the top of the building parapet wall, as well as above the windows
Around the building, the proposed drive
aisles are to be one-way in design with traffic flowing counterclockwise.
There is a drive-thru order station on the west end of the building and
the pick-up window is on the southeast corner. The Zoning Code requires
that drive-thru establishments provide at least 5 spaces for waiting of
cars in the drive-thru lane. The proposed plans include a stacking area
for 7 cars.
When this case was brought before
Planning Commission, the east end of the southern wall, adjacent to the
drive-thru lane had some poster display boards on the wall. At the request
of the Planning Commission, the applicant removed the poster display
boards as reflected in the plans stamped “Received Jan 7, 2008” Staff has
added Condition #26, which requires the applicant to add in recessed brick
faux windows to break up the large expanse along the western edge, they
are open to amending that condition to add “or other architectural
features per the approval of the Planning Department”. The applicant is
proposing one wall sign which is a 3’ X 6’ yellow sign on the left
elevation of the building facing Colonel Glenn Highway.
A condition of the rezoning of this
property requires that there be a 50-foot Landscape Buffer and Parking and
Building setback from the residential property to the north. In addition
to the 50-foot distance requirement, the condition required that this area
be landscaped adequately to screen light and noise. The applicant has
provided for your consideration a Landscape Plan that fulfils this
requirement. In addition to the landscaping, the proposed plans call for a
10-foot wooden fence to run along the north property line to aid in
screening this property from the property to the north. On the proposed
plans, the applicant indicated their intention is to increase the height
of the existing fence by adding to the top of it. However, staff feels in
order to screen this property from the residential property to the north,
in more effective and aesthetic way, the existing fence should be removed
and a new 10’ fence, with no apparent front or rear should be installed in
its place, as reflected in Condition #22.
The applicant has included one ground
sign for your consideration. The proposed ground sign is 6’ X 12’
including the brick base and will be located just east of the Col. Glenn
Highway access point. Staff does not recommend the size of this sign;
staff feels the 50 sq. ft. sign is too large in proportion to the signs on
adjacent properties. In straight B2 zoning the maximum height is 5 feet
and 25 sq. ft. maximum per sign face. However since Sonic objected to
that size and have cooperated fully staff would recommend to relax the
maximum to 40 sq. ft. per side but request that the maximum height remain
at 5 feet.
Ryan Kappa 3636 King Edward Way asked
about the sign in relation to the exit and wanted to know about
visibility. Mr. Burkett answered that the drive lines up with the light at
Germany Lane and that the sign would be set back approximately 15’ from
the sidewalk and that a car coming out of the exit would have full
Public Hearing was closed.
After considerable discussion about the
signs both on the building and off and the comparison with surrounding
businesses plus the applicants concern about the importance of a
distinctive logo in an undeveloped market, both Council and the applicant
came to an agreement about the signage.
Mr. Martin MOVED to amend condition #16
to allow a maximum sign area of 40 square feet per sign face with a total
maximum sign area of 80 square feet, seconded by Mr. Hadley it was
approved by unanimous voice vote.
Mr. Leonard wanted to add a condition for
sidewalk access. Mr. McHugh stated that he drafted some language for the
condition “The applicant shall provide other than through the access
drive, an access point from the sidewalk abutting Colonel Glenn Highway
across the parking lot to the restaurant”.
Mr. Leonard MOVED to add condition # 27
to provide sidewalk access, seconded by Mr. Martin it was approved by
unanimous voice vote.
Mayor Vann asked about the bike path
access. Mr. Burkett stated that this was an easement obtained in the
event that the properties to the north went commercial so that any
bikeways coming down old Zink Road will be able to get out to National
Road without any problem.
Mrs. Howard asked about the fencing
having to be wooden and pointed out that there was a lot nice vinyl
fencing. Mr. Burkett stated that they could add that vinyl or an
appropriate substitute could be used. Mr. Petrak thought that it should
at least look like wooden fencing. Mrs. Howard thought that they could
work with staff to determine what was appropriate. Mr. Hadley recommended
that if the fence is on Sonic’s property that they must remove it but not
if it is on the neighbor’s property. They discussed that the changes
would be to condition # 22 and that wooden should be removed from
condition # 23 also.
Mr. Hadley MOVED the fence shall be a
minimum of 6 feet in height and from original grade to the top of the
fence will be a total of 10 feet with additional mounding, the existing
wooden fence shall be removed and replaced with a new fence of wood, vinyl
or other appropriate fencing as approved by the Planning Department, if it
is on the applicant’s property, seconded by Mr. Martin it was approved by
unanimous voice vote.
Vice Mayor Giambrone asked about the
condition at Planning Commission about the outdoor speakers being
removed. Mr. Burkett stated that it was taken out after the applicant
became aware of the existing noise ordinance and that they would be held
to that standard.
Mr. Leonard MOVED to add additional
language to condition number 26, “other architectural design elements”
after windows, seconded by Mr. Hadley it was approved by unanimous voice
Mr. Hadley MOVED to approve PUD 07-5 SSP#1
“I move, for the purpose of taking
administrative action, approval of a PUD Specific Site Plan for the Sonic
restaurant, PUD 07-5, SSP #1, on the basis that City Council finds the
facts submitted with the application and accompanying materials, and
modifications, amendments and supplementary conditions satisfy the
standards and criteria for PUD Specific Site Plan approval as per §158.066
of the Zoning Code. Supplementary conditions required of this approval
shall be as follows. I further move that this motion with all conditions
be fully recorded in the minutes of this Council meeting.”
The approved site plan and the
architectural elevations shall be the plans dated “Received January 7,
2008” except as modified herein.
All building mechanical equipment is to
be screened from all directions with architectural features (roof forms
or parapet walls). Metal screening will not be accepted.
Final cut sheet details and photometric
plans for the lighting of the site shall be reviewed and approved by the
Planning Department, prior to the issuance of a zoning permit. Maximum
mounting height for any parking lot light fixture shall be 16 feet.
Lights in the parking lot shall be reduced to no greater than 25 percent
illumination level within one hour after closing.
A PUD Agreement must be signed by the
owner and a bond or letter of credit for the entire site landscaping
must be submitted prior to issuance of a zoning permit for any portion
of the project for the purpose, but not for the sole purpose, of
insuring the installation of landscaping. Said bond or letter of credit
must meet the requirements of the City’s landscaping and screening
The final design and cost estimate of
the landscaping plan shall be reviewed and approved by the Planning
Department prior to the execution of a PUD Agreement with the applicant.
Perpetual maintenance of landscaping
shall be provided and any dead or diseased materials shall be removed
and replaced with similar types, species and sizes as originally
planted, within three months, weather permitting.
All trash collection containers shall
be enclosed within a building or screened from view and enclosed within
a permanent dumpster enclosure. All dumpster enclosures shall be
constructed with materials to match the building.
Debris and trash shall be routinely
collected by the owner from the parking lot and grounds of all areas of
the project. The City reserves the right to require more frequent
collection as necessary.
All concerns of the City Engineer, Fire
Department, Sanitary Engineer and the Planning Department shall be
addressed and approved prior to the release of a zoning permit.
No temporary signs of any kind will be
permitted within this PUD.
There shall not be any downspouts or
ladders visible on the exterior of the building.
No portion of the building may be
occupied for the first time or reoccupied later until and unless an
application for a Certificate of Zoning Compliance has been submitted to
the City by the property owner or by the prospective occupant. No such
occupancy may occur until the application for a Certificate of Zoning
Compliance has been approved and issued by the City.
All man-doors and service
doors shall be painted to match the color of the building as to blend in
with the proposed facade.
Prior to the release of any
zoning permit for the development, the applicant shall record a final
subdivision plat or replat with the Greene County Auditor’s office.
Prior to release of the
record plan for recording, the applicant shall sign a Subdivider’s
Contract and submit a bond or letter of credit for the purpose of ensuring
the installation of public improvements, if required by the City Engineer.
The ground sign permitted
for this PUD shall have a maximum sign area of 40 square feet per sign
face with a total maximum sign area of 80 square feet. The maximum height
of the one ground sign shall be 5 feet. The brick used to construct the
base of the monument sign shall match the brick used to construct the
The number, size, design
and location of directional signs shall be reviewed and approved by the
Planning and Zoning Department, prior to the release of the zoning permit.
All wall sign letters
and/or symbols shall be individually mounted. The use of raceways shall
not be permitted. The final designs of all wall signs shall be subject to
review and approval by the Planning Department
Construction hours shall be
limited to 7 A.M. to 7 P.M Monday
Final drainage calculations
shall be approved by the City Engineer if required, prior to the release
of a record plan for recording.
The applicant will
be responsible for impact fees associated with this development, as it
falls within the Impact Fee District.
The existing wooden fence
that runs along the northern property line shall be removed and replaced
with a new fence of wood, vinyl or other appropriate fencing as approved
by the Planning Department, if it is on the applicant’s property. The
fence shall be a minimum of 6 feet in height and from original grade to
the top of the fence will be 10 feet with additional mounding. The fence
shall be designed in such a way that there is no apparent front side or
rear side. The final design shall be reviewed and approved by the Planning
and Zoning Department, prior to the release of the zoning permit.
The fence along the northern property
line shall be kept in good condition. The Planning and Zoning Department
reserves the right to determine if the fence condition is in disrepair
and has not been maintained in a commercially acceptable condition, and
that improvements are required. Those improvements shall be completed
in a timely manner.
Any renovation or new construction that
occurs over existing utility facilities will require the relocation of
said facilities at the cost of the applicant, owner, or any future owner
of the property, per the approval of the appropriate governing bodies.
The exterior of the building shall not
be painted or altered without the approval of the Planning Commission or
The applicant shall have recessed
brick/faux windows or other architectural design elements on the eastern
end of the southern elevation, per the approval of the Planning and
The applicant shall provide other than
through the access drive, an access point from the sidewalk abutting
Colonel Glenn Highway across the parking lot to the restaurant.
Seconded by Mr. Martin it was approved
by unanimous voice vote.
ORDINANCES, RESOLUTIONS AND PUDS
Ordinance 07-49 Approval of Flood Plain
Clerk Bucheit read AN ORDINANCE ADOPTING
§151 “SPECIAL PURPOSE FLOOD DAMAGE REDUCTION” ORDINANCE FOR THE
CITY OF BEAVERCREEK SUPERSEDING ORDINANCES NO. 80-28, 82-14 AND 88-50 (PC
Mr. Martin MOVED to approve Ordinance
07-49, seconded by Mr. Hadley; it was APPROVED by unanimous voice vote.
Ordinance 08-4 Chapter 30 Governmental
Clerk Bucheit read an Ordinance approving
amendments to the Code of Ordinances, Chapter 30 Governmental
Mr. Kucera stated that the Accountant
position has been vacant since April 2007 and the job description does not
accurately reflect what that position does now. They reclassified the job
to Fiscal Officer, and rewrote the job description but would like the pay
grade to remain the same. There is one other change that needs to be
made, there was an ordinance passed in September of 2007 with the
department reorganization and one position of Production Assistant which
is part time that should be under Finance was left under the City
Manager’s department. This has to come before the Council because it is
included in the Code of Ordinances.
Mr. Hadley wanted to know if it could be
done by resolution instead of ordinance. Mr. McHugh stated that it is
codified and must be an ordinance.
Mrs. Howard MOVED to approve Ordinance
08-04 and send it to the second and third readings, seconded by Mr. Petrak.
Ordinance 08-04 was APPROVED by unanimous voice vote.
Resolution 08-1 Mutual Aid Agreement
Clerk Bucheit read To authorize the City
of Beavercreek, Ohio to enter into a Mutual Aid Agreement with political
subdivisions in Greene County
for the purpose of additional police protection and services in the event
of emergencies and upon request.
Chief Turner stated that this is an
updated version of the mutual aid agreement that was requested by the
Greene County Sherriff’s Department with various changes to the existing
agreement last approved in 2004. They have asked each City to pass a
resolution to approve the agreement. On page one of the agreement they
added the last line in section 2 about the practices and procedures of the
National Incident Management System which is a command structure to be
used in case of certain incidents so that everyone knows what to do. On
page two they removed mention of a state wide radio system and replaced it
with the use of available radio networks. Spring Valley was deleted from
the contract and was replaced by Central
The Greene County SWAT team call out procedures was added as an addendum
to the back page since the SWAT teams all merged and this was just an
Mr. Leonard asked when there is a call to
help do we go in at our own risk or do they have any responsibility with
our equipment, do they pay for the officers on duty. Chief Turner stated
that there was a nominal charge of six dollars an hour and we would be
responsible for our own equipment. Chief Turner stated that he thought we
should look at this down the line because other jurisdictions have more
reasonable fees of about $25 an hour with a maximum of eight hours. Mr.
Leonard wanted to know how balanced this whole process was, do we get
called out more than the others? Over time we go outside the jurisdiction
more because there are more calls outside. Chief Turner stated that we
would also be reimbursed if there is a state or federal call out which we
would be reimbursed in full but we must follow all the NIMS guidelines.
Mrs. Howard said that in order to get the
necessary reimbursement all the Council Members must attend the NIMS class
and submit their certification to the Clerk of Council. Vice Mayor
Giambrone stated that it was very important because other entities are
adhering to the NIMS training, such as hospitals and County Health
Mr. Petrak wanted to know if we had
similar agreements across county lines for support. Chief Turner stated
that we had an active agreement with Montgomery
Mr. Martin wanted to know if time was of
the essence or if we had time for discussion instead of letting the $6 an
hour rate go for another four years. Chief Turner stated Greene County
wanted it back by January 26th and that they had looked at it
previously in March but could probably change it later by addendum
changing the price charged. Mr. McHugh stated that it is a one year
contract and we could get the changes for next year. Mr. Martin stated he
was comfortable with having the City Manager look into the changes.
Mr. Martin MOVED to approve Resolution
08-1, seconded by Mrs. Howard it was approved by unanimous voice vote.
Mr. Martin MOVED to have the City Manger
look into the pricing of the mutual aid contract by summer, seconded by
Mr. Hadley it was approved by unanimous voice vote.
Resolution 08-02 Recreational Trails
Clerk Bucheit read A resolution
authorizing the submittal of an application for funding through the
Recreational Trails Program (RTP) for the I-675 Pedestrian/ Cyclist
Mr. Moorman stated that in the fall of
2007 the City Council authorized the submittal of an application for
federal funding for construction of the pedestrian bridge that would span
I675 to the west of North Fairfield Road. In that application we maxed
out the potential federal money on the application but there is still a
substantial local share. What is being proposed with this resolution is
to apply for an additional grant that would further reduce the potential
local share of that project if the federal application is successful. The
funding source is the Recreation Trails Program and the amount we are
applying for is $150,000.
Mrs. Howard stated that she is very
pleased with staff in looking for grants, Dave Beach has been wonderful in
obtaining grants at the direction of the City Manager, saving the tax
payers money and taking advantage of what is out there, great job and
Mr. Hadley MOVED to approve Resolution
08-2, seconded by Mr. Martin it was approved by unanimous voice vote.
Mr. Brislawn thanked Council for their
support and stated that they are still looking for grants from the state
to take care of the balance.
Resolution 08-3 Pay Plan Reclassification
Clerk Bucheit read this is a
Reclassification of Senior Center Supervisor Position and Pay Grade
Mr. Kucera reminded Council that they had
looked at several positions and asked why the person was hourly and being
paid overtime. He looked at one job in particular, the Senior Center
Supervisor and matched it with the FSLA requirements to move it from
Non-Exempt hourly to Exempt salary and it qualified. This is a resolution
to reclassify the position from a Non-Exempt hourly to an Exempt salary,
making overtime no longer available. They took a look at the hourly rate
and the pay grades of the salaried positions and decided to put this in
under pay grade 10 where the Accountant or Fiscal Officer was. The
overtime was averaged for the last couple of years and added to the salary
and it fell in mid range of that pay grade. This needs to be changed so
that it is effective at the beginning of the next payroll cycle on January
Mr. Hadley MOVED to approve Resolution
08-3 as amended, seconded by Mrs. Howard it was approved by unanimous
Council Appointments to Local Agencies
Mayor Vann stated that in order to
coordinate with other jurisdictions they appointed Council Member to sit
on these committees.
Beautification Committee: No appointment
Bikeway Advisory Committee: No
Fourth of July Committee: Mr. Hadley
Planning Commission: Mr. Martin, Mrs. Howard
and Children First Council: Mr. Martin, Vice Mayor Giambrone
Council: Mr. Petrak
Valley Regional Planning
Commission: Mrs. Howard, Mr. Martin
Sister City Committee: Mr. Leonard
Advisory Task Force: Mr. Leonard, Mr. Petrak
Beavercreek Youth Development Advisory
Committee: No appointment
I 70/75 Development Committee: No
Freedom’s Call Tatoo Committee: No
Environmental Advisory Committee: No
Mr. McHugh stated that one of the
requirements of the Public Records Law that went into affect is that the
Council Members are each required to be certified and take the class or
make a motion to appoint someone else from the City as their designated
The entire Beavercreek City Council MOVED
individually to appoint the Clerk Christine Bucheit as their designated
appointee; seconded by Vice Mayor Giambrone it was approved by unanimous
Chipolte Mexican Grill of Colorado LLC
Chief Turner stated they received notice
last month from the Department of Liquor Control requesting a records
check on Steven Ells and Mr. Montgomery Moran owners of Chipolte Mexican
Grill to be located at the Greene at 4473 Walnut Street. They ran
criminal background checks on both individuals and see no reason to deny
Mr. Hadley MOVED to accept without
comment Chipolte Mexican Grill liquor license, seconded by Mr. Petrak it
was approved by unanimous voice vote.
Mr. Martin explained that the Council
does not approve the liquor license, they accept without comment. We have
an opportunity to request a hearing, not approve or deny so with legal
counsel’s advice it is accept without comment.
Giant Dayton LLC–BP Products North
America Inc. and Giant Dayton LLC- Standard Oil Co.
Chief Turner stated this is a transfer of
two liquor licenses the BP Food Mart on Indian Ripple Road and the
Standard Oil Co. Food Mart on Fairfield Road and the Liquor Control Board
requested a background check on Mr. Ali of Tampa Florida and they found
nothing criminal on his record.
Mr. Martin MOVED to accept without
comment both Giant Dayton LLC liquor permits; seconded by Mr. Petrak it
was approved by unanimous voice vote.
CITY MANAGER’S REPORT
Mr. Cornell stated that there are two
levies that will be on the ballot in March and the first is the Police
Levy which is Issue 4 which is a three year 3.3 mil Police Operation Levy
that is needed to maintain current police services. The previous levy was
approved in 2005. This levy represents more than 50% of the total funds
dedicated to law enforcement operating costs here in the City of
Beavercreek. It is anticipated to generate $3,917,000 on an annual basis.
Mr. Cornell said that Issue 5 is the
second request for replacement for the Street Maintenance Levy which is a
5 year 1 mil levy which will maintain our current street services within
our community. This levy will generate 33% of the monies necessary to
maintain 244 miles of streets in the City of Beavercreek and it has been
five years since it has been approved by the voters. Citizens may call
the City if they have any specific comments about either levy.
Mr. Cornell announced the employee of the
month for December and January and both employees are from the Police
Department. Officer Roger Hildebrandt has been with us since October 1987
and Debra Moyer who is the Technical Services Supervisor who was hired in
Mayor Vann stated that this week was the
Wright State Beavercreek Night. It is wonderful to have such a great
University on the adjacent border of
and that they are willing to designate a night to celebrate their
relationship with Beavercreek and the importance of that relationship.
Mayor Vann said that the Beavercreek
Bikeway Committee had already spoke with her and on Thursday at Wright
they listened to a report on Walkable Communities. There has really been
a struggle because when the suburbs were built they were built with the
transportation being a car, but now people are rethinking that and would
like to have a walkable community. The Bikeway Committee would like to
have the Walkable Communities presented to the Council at a work session
by the Miami Valley Regional Planning to share the strengths and
importance of having a walkable community.
Mayor Vann stated that every January we
accept applications for Boards and Commissions. The City asks for
citizens who would like to volunteer and are interested to apply for the
Planning Commission, Board of Zoning Appeals, Parks, Recreation and
Culture Board, Environmental Advisory Committee, Personnel Board, Impact
Fee Appeals Board, Bikeway Advisory Committee, Youth Development Advisory
Committee and the Investment Advisory Committee which was newly formed.
There are vacancies on many of the Boards and Commissions and the
application is due in by February 4th and is on the website.
The applications will go to the City Clerk for consideration at the second
meeting in February.
Mrs. Howard wanted to congratulate
employees with anniversaries: the City Manager Michael Cornell has been
with us for a year, the Golf Employees have been with us for three years,
Bryan Beaupre, Michael Gafkjen, Leslie Heller, Judy Lemke, Joseph Moore,
Alicia Rizzo, Matthew Toney, Mike Hamilton, and Senior Center Supervisor
Lee Duteil 6 yrs, Karen Hamilton 9 yrs, Mark White 9yrs, Rachel Burkett 10
yrs, Donald Cole 13 yrs, Jeffrey Fiorita 16 yrs and Shawn Sumner 16 yrs.
Congratulations on your anniversaries with the City, thank you so much for
Vice Mayor Vicki Giambrone wanted to
thank all the staff for being so welcoming and providing everything that
she has asked for. She especially wanted to thank the other Council
Member for their welcoming advice and assistance.
Mr. Martin spoke of the young Police
Officer from Cedarville that was killed on his way to work a couple of
weeks ago and stated that a fund has been set up at Huntington Bank to
Mr. Petrak spoke of an open meeting that
the Miami Valley Regional Planning Committee will sponsor for the Regional
Transportation Public Input Session on January 24th and wanted
to be sure someone from the City would attend. Mr. Cornell stated that it
was highly attended by Beavercreek and that Dave Beach is our
representative and that he is also trying to attend and Mrs. Howard stated
that she would also try to attend.
Joseph Koussa of 1037 Beaver Creek Lane,
Kettering asked God to keep his eyes on our troops overseas and to please
God bring them home safely, they are there for a good reason, we all thank
Mr. Koussa thanked Mr. Turner for voting
yes with the government to watch over children’s’ toys. Mr. Turner stated
that parents are the best inspectors to determine whether or not they are
good for their children. Mr. Koussa would like to see parents educated in
school in finance before they get the marriage license since that causes
most divorces and he believes that children need two parents.
Mr. Hadley MOVED to adjourn at 8:50 p.m.,
seconded by Mr. Martin. The motion PASSED by unanimous voice vote.