CITY COUNCIL WORK SESSION

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937.748.4343

CITY OF SPRINGBORO

320 W. CENTRAL AVENUE, SPRINGBORO, OH

CITY COUNCIL WORK SESSION

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THURSDAY, DECEMBER 7, 2017 6:00 PM

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CITY COUNCIL John Agenbroad, Mayor Becky Iverson, At Large Stephen Harding, At Large

Janie Ridd, Ward 1 Dale Brunner, Ward 2

Carol Moore, Ward 3 Jim Chmiel, Deputy Mayor/Ward 4

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CITY STAFF

Chris Pozzuto, City Manager Alan Schaeffer, Law Director Lori Martin, Clerk of Council

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ITEM 1. CALL TO ORDER. Mayor Agenbroad called the Springboro, Ohio City Council Work Session to

order on Thursday, December 7, 2017 at 6:00 PM in Council Chambers at the Springboro Municipal Building, 320 W. Central Avenue, Springboro, Ohio.

ITEM 2. ATTENDANCE. Council: All present. Staff: Mr. Pozzuto, Mr. Schaeffer and Ms. Martin were

present. Police Chief Jeff Kruithoff was also present.

Mayor Agenbroad commented that he will be honoring World War II Veterans with a moment of silence in recognition of Pearl Harbor Day at tonight’s Regular Meeting.

ITEM 3. LEGISLATIVE AGENDA. – Review legislative items slated for December 7.

Mayor Agenbroad stated that a public hearing will be held at the beginning of the tonight’s Regular Meeting in regard to the rezoning of 1360 S. Main Street. Mayor Agenbroad further stated that he would recuse himself from the Public Hearing and proceedings concerning this rezoning due to a conflict of interest. Mayor Agenbroad received a legal notice advising him that his property sits within 300 of the property to be rezoned; therefore, his property would be affected by this rezoning. Deputy Mayor Chmiel will preside over the Public Hearing when Mayor Agenbroad recuses himself.

1) ORDINANCE: FIRST READING. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF

THE CITY OF SPRINGBORO, REZONING APPROXIMATELY 2.35 ACRES OF LAND LOCATED AT 1360 SOUTH MAIN STREET FROM R-1, ESTATE-TYPE RESIDENTIAL DISTRICT, TO PUD-R, PLANNED UNIT DEVELOPMENT-RESIDENTIAL.

This ordinance to rezone the property at 1360 S. Main Street will proceed through three readings. The third reading and any action on this ordinance will occur on January 4.

2) EMERGENCY ORDINANCE: FIRST READING. AN ORDINANCE AUTHORIZING THE ISSUANCE

OF NOT TO EXCEED $6,050,000 OF VARIOUS PURPOSE BOND ANTICIPATION NOTES, FIRST (2018) RENEWAL, BY THE CITY OF SPRINGBORO, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, AND DECLARING AN EMERGENCY.

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Staff has recommended that Council waive the second and third readings of Legislative Item 2, an emergency ordinance, in order to sell the notes in January 2018.

Council will consider a motion to suspend the rules and waive the second and third readings of Legislative Item 2, an emergency ordinance, at tonight’s Regular Meeting under Legislation.

3) RESOLUTION: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT WITH PICKREL, SCHAEFFER & EBELING CO., L.P.A. TO PROVIDE LEGAL COUNSEL AND LEGAL SERVICES FOR THE CITY OF SPRINGBORO AND DESIGNATING ALAN B. SCHAEFFER AS LAW DIRECTOR FOR THE CITY FROM JANUARY 1, 2018 THROUGH JANUARY 1, 2020.

The Council Legal Committee (Agenbroad, Brunner, Iverson) met at 5:30 PM this evening to review the proposed contract renewal for the City Law Director, Alan Schaeffer, and for professional legal services with Pickrel, Schaeffer & Ebeling (PSE). The Legal Committee recommends approval of this resolution renewing the contract. The terms of the contract are the same with an adjustment to the hourly billing rate of $5.00. The City is very satisfied with the legal services provided by PSE.

4) RESOLUTION: A RESOLUTION APPROVING THE CITY OF SPRINGBORO EMPLOYEE PAY

RANGES AND ANNUAL WAGE SCALE INDEX ADJUSTMENT FOR THE YEAR 2018.

This resolution represents the City’s annual wage scale index adjustment or COLA (Cost of Living Adjustment) for 2018 based on the CPI (Consumer Price Index) and surrounding communities to maintain competitive pay ranges.

5) RESOLUTION: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A 6.5 +/-

ACRE PARCEL OF DONATED LAND ON NORTH PIONEER BOULEVARD FROM SCA PROPERTIES.

Mr. Pozzuto commented that the City will be marketing this property on North Pioneer Boulevard to new businesses. The intention is to sell it and bring new businesses into Springboro.

6) RESOLUTION: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AGREEMENT WITH CUMMINS BRIDGEWAY TO PROVIDE AND INSTALL A RADIATOR IN THE WWTP GENERATOR.

Mr. Pozzuto commented that this resolution would ratify expenditures for a recent emergency repair at the Waste Water Treatment Plant. Repair costs exceeded the $25,000 threshold, which requires Council’s approval.

ITEM 4. CITY MANAGER. – Issues/Reports.

Leaf Collection Program: The City has advertised that the Leaf Collection Program has been

extended to the end of December. When staff plans the routes and schedule in September, it is hard to forecast the weather i.e. some years the leaves fall early and some years the leaves fall late. Originally, the Leaf Collection Program was scheduled to end yesterday, but again the program has been extended to the end of December. There is no set pick-up schedule for the extension period, but as people continue to rake leaves to the curb they will be picked-up.

SR73/SR741 Intersection Improvements Project: The Speedway building on the southwest corner

of the intersection will be demolished, and demolition is tentatively scheduled for next Tuesday. The same contractor that razed the IGA site will be demolishing the Speedway building under a contract with the Warren County Transportation Improvement District, who is managing the intersection re-construction project. According to the contractor, it should be a one to two day demolition process due to the relatively small size of the building.

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Mr. Chmiel asked if the underground fuel tanks will be removed.

Mr. Pozzuto replied yes, the tanks will be removed as part of the demolition. Once demolition is complete, it will be a clear and clean site by the end of next week. Also, traffic signal mast arms and new street lights are due to be delivered by December 14 and will be installed as the construction schedule permits. There will be a winter shutdown during which construction will temporarily cease due to the fact that the asphalt plants close over the winter. The only major construction left at the intersection, besides the demolition of the Speedway building, is to apply the final course of asphalt. They will open all of the lanes possible on SR73 to allow the traffic to flow through the intersection and apply temporary stripping to direct the traffic flow. The final layer of asphalt will be applied in the spring, which will complete the project. The project is 80% complete and is ahead of schedule. The City will notify the public of the temporary winter shutdown. When the contractor, Milcon, is completely finished with the project another contractor will be hired to install all of the landscaping. The original completion date for construction was July 1, but it is anticipated that the project will be finished about a month ahead of that date barring any unforeseen obstacles.

New Assistant City Manager: Mr. Pozzuto commented that he will be introducing new Assistant

City Manager Greg Shackelford to the public at tonight’s Regular Meeting. Mr. Shackelford is currently the Assistant City Manager in Vandalia, Ohio. Mr. Pozzuto has been bringing Mr. Shackelford up to speed and Mr. Shackelford is very excited to begin his position as Assistant City Manager for the City. Mr. Shackelford currently resides in Franklin and will be a lot closer to home working in Springboro.

Mayor Agenbroad asked if the City is prepared with enough salt for any potential winter weather events.

Salt Supply: Mr. Pozzuto answered that last year the City used very little of the annual allotment;

therefore, the City has 1,800 tons of salt on-hand and a contract for another 3,000 tons if needed. The City is indeed prepared for the winter season.

ITEM 5. CLERK OF COUNCIL. – Issues/Reports.

2018 Committee Appointments: The Council and Committee Appointments Packet will be

distributed with the next Council Agenda Packet in preparation for appointments at the December 21 Council Meeting.

Calendar Update: The Planning Commission Work Session & Regular Meeting in December will be

combined on December 13 beginning at 6:00 PM in Council Chambers. The Christmas Holiday will be observed Monday and Tuesday, December 25 and 26; whereby, the City Offices will be closed. The next City Council Work Session will be held on Thursday, December 21, 2017 at 6:00 PM followed by the Regular Meeting at 7:00 PM in Council Chambers.

Council Members-Elect – Oath of Office: Just a reminder that Council Members-Elect will take the

Oath of Office and be sworn in at the December 21 Council Meeting.

Mr. Schaeffer commented that he will be absent from the December 21 City Council Meeting; however, Attorney David Montgomery will serve as Acting Law Director in his absence and administer the Oath of Office to the Council Members-Elect.

ITEM 6. CITY COUNCIL. – Issues/Reports.

Mr. Brunner – No reports.

Ms. Ridd – Ms. Ridd will announce the Warren County Municipal League’s Holiday Meeting at

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Ms. Iverson – Ms. Iverson will report on the annual Board Meeting of the Miami Township and Austin

JEDDs at tonight’s Regular Meeting under Reports.

Mr. Harding – No reports. Ms. Moore – No reports.

Deputy Mayor Chmiel – No reports.

Mayor Agenbroad – Mayor Agenbroad noted that Mr. Pozzuto will be playing a short video of

highlights of the Springboro Veterans Memorial Dedication Ceremony at tonight’s Regular Meeting under Presentations. The City has received tremendous accolades and support of Springboro’s new Veterans Memorial. Mayor Agenbroad thanked Dayton Daily News Report Larry Budd for his story covering the Veterans Memorial Dedication. Mayor Agenbroad commented that he believes he has received as many accolades regarding the Veterans Memorial Dedication as he did regarding the Boro200 Celebration. Also, Mayor Agenbroad will present a notice for a new liquor permit for Springboro Spirits (748 Gardner Road) at tonight’s Regular Meeting under Other Business.

Chief Kruithoff commented that Council took action on a previous notice this year for a liquor permit stock transfer for Springboro Spirits, which brought the ownership under a single owner at the previous address (281 W. Central Avenue). The notice that Council will take action on tonight is for a new liquor permit at the new address (748 Gardner Road), which would allow on-premises consumption such as wine tasting events, etc.

ITEM 7. ADJOURNMENT. With no further discussion, Mayor Agenbroad adjourned the Thursday, December

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937.748.4343

CITY OF SPRINGBORO

320 W. CENTRAL AVENUE, SPRINGBORO, OH

CITY COUNCIL REGULAR MEETING

___________________ THURSDAY, DECEMBER 7, 2017

7:00 PM

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CITY COUNCIL John Agenbroad, Mayor Becky Iverson, At Large Stephen Harding, At Large

Janie Ridd, Ward 1 Dale Brunner, Ward 2

Carol Moore, Ward 3 Jim Chmiel, Deputy Mayor/Ward 4

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CITY STAFF

Chris Pozzuto, City Manager Alan Schaeffer, Law Director Lori Martin, Clerk of Council

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ITEM 1. CALL TO ORDER. Mayor Agenbroad called the Springboro, Ohio City Council Regular Meeting of

Thursday, December 7, 2017 to order at 7:00 PM in Council Chambers at the Springboro Municipal Building, 320 W. Central Avenue, Springboro, Ohio.

ITEM 2. PLEDGE OF ALLEGIANCE. Mayor Agenbroad led the Pledge of Allegiance.

ITEM 3. ROLL CALL. Agenbroad, Present; Brunner, Present; Chmiel, Present; Harding, Present; Iverson, Present; Moore, Present; Ridd, Present. Staff: Mr. Pozzuto, Ms. Martin and Mr.

Schaeffer were present. Police Chief Jeff Kruithoff was also present.

At this time, Mayor Agenbroad recused himself from the Public Hearing and proceedings related to the proposed rezoning of 1360 S. Main Street (recorded below) stating that he has a conflict of interest as a property owner, who received legal notification to all property owners within 300 feet of the subject property. (Mayor Agenbroad exited Council Chambers.)

City Council proceeded with the Public Hearing with Deputy Mayor Chmiel presiding as follows: (7:02 PM)

PUBLIC HEARING

IN ACCORDANCE WITH OHIO REVISED CODE SECTION 713.12, A PUBLIC HEARING WAS HELD BEFORE THE CITY COUNCIL OF THE CITY OF SPRINGBORO, OHIO AT 7:00 P.M. ON THURSDAY, DECEMBER 7, 2017 TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SPRINGBORO, OHIO. THE PUBLIC HEARING WILL TAKE PLACE IN COUNCIL CHAMBERS AT THE SPRINGBORO MUNICIPAL BUILDING, 320 WEST CENTRAL AVENUE (SR 73), SPRINGBORO.

PUBLIC HEARING: THIS PUBLIC HEARING WAS IN REGARDS TO A RECOMMENDATION FROM THE SPRINGBORO PLANNING COMMISSION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SPRINGBORO AND REZONE APPROXIMATELY 2.35 ACRES LOCATED AT 1360 SOUTH MAIN STREET FROM R-1, ESTATE-TYPE RESIDENTIAL DISTRICT, TO PUD-R, PLANNED UNIT DEVELOPMENT-RESIDENTIAL. THE REZONING WOULD ALLOW FOR THE DEVELOPMENT OF 7 RESIDENTIAL LOTS ON THE PROPERTY.

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THIS PUBLIC HEARING WAS HELD IN ACCORDANCE WITH CHAPTER 1287, AMENDMENTS, OF THE CITY’S PLANNING AND ZONING CODE. THE PUBLIC HEARING WAS LIMITED TO 30 MINUTES; 15 MINUTES RESERVED FOR THE OPPONENTS, AND 15 MINUTES RESERVED FOR THE PROPONENTS.

(A COPY OF THE APPLICATION FOR THE PROPOSED REZONING WAS AVAILABLE FOR REVIEW AT THE RECEPTION DESK AT THE SPRINGBORO MUNICIPAL BUILDING, 320 WEST CENTRAL AVENUE, SPRINGBORO, OHIO 45066 BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M., MONDAY THROUGH FRIDAY, LEGAL HOLIDAYS EXCLUDED. INFORMATION MAY ALSO BE FOUND ON THE CITY’S WEBSITE AT WWW.CI.SPRINGBORO.OH.US.)

DEPUTY MAYOR CHMIEL MADE THE FOLLOWING STATEMENT: TONIGHT’S PUBLIC HEARING IS INTENDED TO PROVIDE INFORMATION AND GET FEEDBACK FROM THE COMMUNITY IN ORDER FOR CITY COUNCIL TO MAKE THE BEST DECISION POSSIBLE. THIS PUBLIC HEARING IS NOT A DEBATE, BUT AN OPPORTUNITY FOR ALL TO BE HEARD. PLEASE ADDRESS ANY QUESTIONS TO THE CHAIR AND NOT TO THE APPLICANT OR THE STAFF. KEEP IN MIND THAT THIS LEGISLATION WILL COME BEFORE COUNCIL TONIGHT AFTER THE HEARING AND NO ACTION WILL BE TAKEN UNTIL THE THIRD READING, WHICH WILL TAKE PLACE ON JANUARY 4, 2018.

DEPUTY MAYOR CHMIEL STATED THAT IN KEEPING WITH PROTOCOL, COUNCIL WILL BEGIN BY HEARING PROPONENTS FOLLOWED BY OPPONENTS. (7:03 PM)

BEFORE PROPONENTS WERE HEARD, CITY PLANNING CONSULTANT DAN BORON PRESENTED BACKGROUND INFORMATION REGARDING THE RECOMMENDATION FROM THE SPRINGBORO PLANNING COMMISSION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SPRINGBORO TO INCORPORATE THE PROPOSED REZONING AS FOLLOWS: (A COPY OF THE PRESENTATION

OUTLINING THE RECOMMENDATION IS ATTACHED TO THE MINUTES FOR THE RECORD.)

THE PROPERTY PROPOSED TO BE REZONED IS SURROUNDED ENTIRELY ON THE EAST SIDE BY THE HEATHERWOODE PUD (PLANNED UNIT DEVELOPMENT) INCLUDING HEATHER GLEN AND DUNNINGTON COURT SUBDIVISIONS. THE AERIAL PHOTOGRAPH TAKEN IN 2014 INDICATES THE SUBJECT PROPERTY ALONG WITH SURROUNDING DEVELOPMENT AS LOCATED IN CLOSE PROXIMITY TO THE MAIN ENTRANCE TO THE HEATHERWOODE SUBDIVISION AND ALSO HEATHERWOODE GOLF COURSE WITH DIRECT ACCESS ONTO SR741. THE SUBJECT PROPERTY IS A 2.35-ACRE SITE LOCATED AT 1360 SOUTH MAIN STREET AND IS CURRENTLY OCCUPIED BY A SINGLE-FAMILY HOME CONSTRUCTED ROUGHLY IN 1986. THE CURRENT ZONING ON THE PROPERTY IS R-1, ESTATE-TYPE RESIDENTIAL DISTRICT, AND WAS ZONED TO THIS DESIGNATION IN MARCH 2015 AS PART OF THE CITY’S LARGER EFFORT TO MODIFY SPRINGBORO’S PLANNING AND ZONING CODE AND UPDATE THE CITY’S ZONING MAP. PREVIOUS TO THAT, THE PROPERTY WAS ZONED TR-1, CLEARCREEK TOWNSHIP RURAL RESIDENCE DISTRICT, AS PART OF AN EFFORT TO BRING ALL CITY ZONING UNDER THE CITY’S CODIFIED ORDINANCES. AS PART OF THE APPLICATION, PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) IS BEING REQUESTED. THE PROPOSED DEVELOPMENT IS A 7-LOT, SINGLE-FAMILY RESIDENTIAL SUBDIVISION. THE DEVELOPMENT DENSITY IS 2.97 UNITS PER ACRE, INCLUDING 0.22 ACRES OF RIGHT-OF-WAY DEDICATION ON THE WEST SIDE OF THE PROPERTY FROM THE CENTERLINE OF SR741, TO ENCOMPASS THIS PROPERTY. EXCLUDING THAT ACREAGE, DENSITY WOULD INCREASE TO 3.29 UNITS PER ACRE, WHICH IS IMPORTANT FOR COMPARISON WITH OTHER SUBDIVISIONS. ACCESS WOULD BE PROVIDED BY A PRIVATE ROAD WITH 27% OPEN SPACE PROVIDED AS PART OF THE PUD. AS PART OF THE DESIGN FOR THE SUBDIVISION, GARAGES CANNOT COMPRISE MORE THAN 60 PERCENT OF THE FRONTAGE, WHICH WAS INCORPORATED INTO THE UPDATE OF THE PLANNING AND ZONING CODE IN 2015. ALSO, AS PART OF THAT UPDATE, DWELLING UNITS MUST CONFORM TO THE OUTWARD APPEARANCE AND TYPE OF NEIGHBORING RESIDENCES. THE GENERAL PLAN DRAWING SHOWS THE PROPOSED STREAMSIDE AT HEATHERWOODE DEVELOPMENT WITH SEVEN RESIDENTIAL LOTS. CURRENT ZONING IS R-1, WHICH PERMITS UP TO 2 DWELLING UNITS PER ACRE, MAXIMUM YIELD. THE CITY’S LAND USE PLAN, WHICH WAS ADOPTED IN 2009, UNDER POLICY AREA #16, WHICH IS THE HEATHERWOODE POLICY AREA, RECOMMENDS UP TO 4 DWELLING UNITS PER ACRE WITH A MINIMUM OF 25% OPEN SPACE PROVIDED WITHIN THE PUD, WHICH IS THE CASE WITH THE

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PROPOSED SUBDIVISION. ON OCTOBER 25, 2017, THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THE SUBDIVISION AS PROPOSED WITH 7 LOTS AS WELL AS THE GENERAL PLAN, WHICH WILL BE PRESENTED FOR APPROVAL UPON THE THIRD READING OF THE ORDINANCE TO REZONE THE PROPERTY. AGAIN, THE GENERAL PLAN WILL BE SUBJECT TO COUNCIL REVIEW CONCURRENT TO THE FINAL READING OF THE ORDINANCE TO REZONE THE PROPERTY ON JANUARY 4, 2018. THE PUD APPROVAL PROCESS INVOLVES THREE STAGES WITHIN THE PLANNING FRAMEWORK. THE FIRST STAGE IS THE REZONING PROCESS AND PUBLIC HEARING, WHICH IS CONCURRENT TO THE GENERAL PLAN, WHICH SHOWS THE ACTUAL DESIGN OF THE PROPERTY INCLUDING THE LAYOUT OF THE SUBDIVISION, OPEN SPACE, PRIVATE ROAD AND OTHER DETAILS. THE FINAL DEVELOPMENT PLAN IS STAGE TWO OF THE PROCESS, WHICH IS AKIN TO THE SITE PLAN REVIEW PROCESS. THE FINAL DEVELOPMENT PLAN SHOWS DETAILS SUCH AS THE SUBDIVISION PLANS FOR THE STREETS, CROSS SECTIONS, OPEN SPACE WITHIN THE PUD, LANDSCAPING, IN THIS CASE THERE ARE TWO DETENTION PONDS THAT ARE PROPOSED, AS WELL AS GRADING OF THE PROPERTY, THE INDIVIDUAL HOME DESIGNS AND THE HOA DETAILS. AS INDICATED IN DISCUSSIONS WITH THE PLANNING COMMISSION, THE APPLICANT PROPOSES AN HOA TO MANAGE THE STREET MAINTENANCE, OPEN SPACE AND OTHER DETAILS AS PART OF THIS DEVELOPMENT. THE FINAL DEVELOPMENT PLAN IS REVIEWED AND APPROVED ONLY BY THE PLANNING COMMISSION FOLLOWING CITY COUNCIL APPROVAL OF THE REZONING AND THE GENERAL PLAN. A RECORD PLAN WOULD FINALLY OCCUR, WHICH IS WHERE THE PROPERTIES ARE PLATTED AND THE OPEN SPACE WOULD BE DEDICATED AND REQUIRES APPROVAL BY THE PLANNING COMMISSION AND CITY COUNCIL. AN AERIAL VIEW SHOWS THE LOCATION OF THE PROPOSED SUBDIVISION AND ITS DESIGN AS REVIEWED AND APPROVED BY THE PLANNING COMMISSION AS PART OF THE RECORD PLAN, ALONG WITH HEATHER GLEN COURT AND DUNNINGTON COURT, SHOWN WITH THE PROPOSED DESIGN SUPERIMPOSED OVER THE EXISTING PROPERTY AND EXISTING HOME ON THE SITE. THE AERIAL VIEW ALSO SHOWS THE EDGE OF THE HEATHERWOODE GOLF COURSE CLUBHOUSE AS WELL AS THE 10TH TEE ABOVE JUST TO THE EAST OF THE PROPERTY WITH SR741 AT THE BOTTOM OF THE VIEW. THE CITY HAS RECEIVED QUITE A BIT OF INFORMATION REGARDING CONCERNS THAT HAVE BEEN RAISED BY ADJACENT PROPERTY OWNERS AND THE HOAs. AS PART OF THE DEVELOPMENT REVIEW BY THE PLANNING COMMISSION, ADJACENT DEVELOPMENTS WERE TAKEN INTO CONSIDERATION AND INFORMATION WILL BE PROVIDED HERE ABOUT COMPARISONS BETWEEN THE PROPOSED STREAMSIDE SUBDIVISION WITH THE ADJOINING TWO CLUSTER HOMES AS PART OF THE HOA FOR HEATHERWOODE. LOTS - THE PROPOSED STREAMSIDE SUBDIVISION INCLUDES 7 LOTS WHEREAS DUNNINGTON COURT HAS 18 BUILT AND HEATHER GLEN HAS 14 BUILT. DENSITY – THE PROPOSED STREAMSIDE SUBDIVISION HAS 2.97 DWELLING UNITS PER ACRE WHEREAS DUNNINGTON COURT HAS 4.27 DWELLING UNITS PER ACRE AND HEATHER GLEN HAS 3.18 DWELLING UNITS PER ACRE. SETBACKS – WHICH DEFINE HOW THE BUILDINGS WILL LAY ON THE LOT, ARE ROUGHLY SIMILAR WITH A FRONT SETBACK AT 20 FT. FOR ALL THREE SUBDIVISIONS. STREAMSIDE HAS A 10-FT. REAR SETBACK WHEREAS DUNNINGTON COURT HAS A 20-FT REAR SETBACK WITH A LARGER REAR SETBACK ONLY ON THE PORTION FACING SR741, WHICH IS A 40- FT. SETBACK, AND HEATHER GLEN ALSO HAS A 20-FT. REAR SETBACK. ROADWAY – THE ROADWAY OF THE PROPOSED SUBDIVISION IS A PRIVATE ROAD, 20 FT. WIDE WITH NO SIDEWALKS. THE PRIMARY DIFFERENCE IS THE WIDTH. DUNNINGTON COURT IS A PUBLIC ROAD, 21-24 FT. WIDE WITH NO SIDEWALKS AND HEATHER GLEN IS A PUBLIC ROAD, 20 FT. WIDE WITH NO SIDEWALKS. THIS INFORMATION WAS PROVIDED BY THE CITY ENGINEERING DEPARTMENT. OPEN SPACE – STREAMSIDE OPEN SPACE IS 0.58 ACRES OR 28% OF THE PROPERTY WHEREAS WITHIN DUNNINGTON COURT 0.14 ACRES OR 3.3% IS OPEN SPACE AND HEATHER GLEN HAS NO OPEN SPACE. TO CLARIFY, THAT IS DEDICATED OPEN SPACE FOR COMMON USE. DWELLING SIZE – THE PROPOSED STREAMSIDE DEVELOPMENT DWELLING SIZE WOULD RANGE FROM 2,142 TO 2,700 SQ. FT. BUILDING PADS AS PROPOSED AND INDICATED ON THE DRAWING THAT WAS SUBMITTED BY THE APPLICANT AND IS PART OF THE GENERAL PLAN. DUNNINGTON COURT (2,188 SQ. FT.) AND HEATHER GLEN (2,118 SQ. FT.) HAVE VIRTUALLY THE SAME AVERAGE HOME SIZE. THE SOURCE OF THIS INFORMATION WAS THE WARREN COUNTY PROPERTY WEBSITE. 2,188 SQ. FT. WAS EXACTLY THE SAME FOR THOSE WHEN THEY AVERAGED ALL OF THE NUMBERS OF LOTS WITHIN THOSE TWO HOAs. MR. BORON OFFERED TO ANSWER ANY QUESTIONS OF COUNCIL.

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DEPUTY MAYOR CHMIEL THANKED MR. BORON FOR HIS PRESENTATION REGARDING THIS RECOMMENDATION.

DEPUTY MAYOR CHMIEL MADE THE FOLLOWING STATEMENT: I WOULD LIKE TO NOTE THAT COUNCIL HAS RECEIVED A NUMBER OF WRITTEN COMMENTS FROM RESIDENTS, WHICH HAVE BEEN REVIEWED AND WILL BE INCORPORATED INTO THE WRITTEN RECORD. THIS PUBLIC HEARING IS SPECIFICALLY FOR ANY PROPONENTS AND OPPONENTS THAT WISH TO BE HEARD BEFORE COUNCIL.

DEPUTY MAYOR CHMIEL INVITED ANY PROPONENTS THAT WISHED TO BE HEARD TO COME TO THE PODIUM AND STATE THEIR NAME AND ADDRESS FOR THE RECORD AND MAKE THEIR COMMENTS ACCORDINGLY.

PROPONENTS: (7:12 PM)

1) REBECCA GEIGER, 6880 JOHNSON ROAD, BLANCHESTER, OHIO, 45107 – REPRESENTING THE DANIELS FAMILY TRUST – MS. GEIGER MADE THE FOLLOWING COMMENTS:

IT IS NICE TO SEE SO MANY COMMUNITY MEMBERS AND NEIGHBORS COME OUT; WE DO WANT TO HEAR THEIR THOUGHTS AND CONCERNS. I AM SURE THEY HAVE BEEN GOOD NEIGHBORS TO MY PARENTS AS THEY HAVE BEEN TO THEM. WE UNDERSTAND THAT CHANGE IS ALWAYS DIFFICULT; WE REALLY UNDERSTAND THAT IT IS ESPECIALLY DIFFICULT FOR THE SEVEN LOTS IN EACH DEVELOPMENT THAT BORDERS MY PARENTS’ PROPERTY. WE UNDERSTAND THAT YOU HAVE ENJOYED THE PEACE AND TRANQUILITY FOR MANY YEARS THAT THEIR BACKYARD HAS PROVIDED YOU, BUT WHAT EVERYBODY MAY NOT KNOW IS MR. DANIELS HAS ALWAYS HAD DEVELOPMENT ON HIS MIND. IN FACT, WHEN HE ORIGINALLY PURCHASED THE HOME FROM THE BUILDER IT WAS SOLD TO HIM WITH ORIGINAL DRAWINGS SHOWING EIGHT LOTS FOR DEVELOPMENT. MY PARENTS HAVE DECIDED NOW IS THE TIME TO MOVE FORWARD WITH THAT PLAN. THE CITY OF SPRINGBORO HAS TAXED US WITH VERY STRINGENT GUIDELINES FOR DEVELOPMENT, WHICH FAR EXCEED THE GUIDELINES THAT WERE IN PLACE WHEN YOUR DEVELOPMENTS WERE BUILT. I KNOW SOME ARE CONCERNED WITH STORMWATER AND THAT IS WHAT THE DETENTION PONDS ARE FOR. WHEN YOUR HOMES WERE DEVELOPED, YOU DID NOT HAVE TO COMPLY WITH THE STORMWATER RULES THAT WE ARE COMPLYING WITH. IN FACT, I WOULD GUESS THAT A LOT OF THE RUNOFF FROM HEATHER GLEN MAY GO THROUGH MR. AND MRS. DANIELS’ PROPERTY. MANY HAVE BROUGHT UP THE ROAD CONGESTION, WHICH MY PARENTS STRUGGLED WITH AS WELL, BUT SINCE THE SCHOOLS ARE LOCATED WHERE THEY ARE THAT WILL ALWAYS BE A PROBLEM UNTIL ODOT (OHIO DEPARTMENT OF TRANSPORTATION) ADDRESSES THAT ISSUE. THESE WILL BE QUALITY BUILT HOMES THAT WILL BE SIMILAR IN SIZE TO WHAT EXISTS TO THE NORTH AND SOUTH. THE HOMES WILL HAVE TO BE NICE TO ACCOMMODATE THE COST OF LAND DEVELOPMENT FOR SO FEW LOTS. WHAT YOU SEE IN THE GENERAL DRAWING ARE A FEW HOUSES QUICKLY SKETCHED-IN TO SHOW A POSSIBILITY OF WHERE AND HOW A HOUSE COULD FIT WITHIN THE LOT BOUNDARIES. SOME CONCERNS ABOUT THE NUMBER OF HOMES HAVE BEEN RAISED AS WELL, BUT I WOULD POINT OUT THAT BOTH HEATHER GLEN TO THE NORTH AND THE SIR EDWARDS GLEN DUNNINGTON COURT TO THE SOUTH BOTH HAVE EXACTLY SEVEN LOTS BORDERING MY PARENTS’ PROPERTY, WHICH IS NO MORE AND NO LESS THAN WE REQUEST. THANK YOU.

DEPUTY MAYOR CHMIEL THANKED MS. GEIGER FOR HER COMMENTS.

DEPUTY MAYOR CHMIEL MADE THE FOLLOWING STATEMENT: GIVEN THE NUMBER OF PEOPLE THAT APPEAR AS IF THEY ARE HERE AS POSSIBLY OPPONENTS, I WOULD LIKE TO ASK EVERYONE TO LIMIT THEIR COMMENTS AS CLOSE TO POSSIBLY THREE MINUTES SO THAT EVERYONE WILL GET AN OPPORTUNITY TO SPEAK. IF AT SOME POINT IN THE COMMENTS THINGS BEING SAID BECOME REDUNDANT, I WOULD LIKE TO ASK YOU TO POSSIBLY HOLD THOSE THOUGHTS IF THEY HAVE ALREADY BEEN PRESENTED.

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DEPUTY MAYOR CHMIEL INVITED ANY OPPONENTS THAT WISHED TO BE HEARD TO COME TO THE PODIUM AND STATE THEIR NAME AND ADDRESS FOR THE RECORD AND MAKE THEIR COMMENTS ACCORDINGLY.

OPPONENTS: (7:16 PM)

1) SHAWN HUNTER, 990 HEATHERWOODE CIRCLE, SPRINGBORO, OHIO 45066 – (HGCCA) HEATHERWOODE GOLF COURSE COMMUNITY ASSOCIATION BOARD CHAIR & PRESIDENT – MR. HUNTER MADE THE FOLLOWING COMMENTS:

I AM HERE TONIGHT TO GIVE A VIEW POINT OF THIS PROPOSAL FROM THE HOA’S (HOMEOWNERS ASSOCIATION) PERSPECTIVE AND THEN I AM GOING TO TURN IT OVER TO A HANDFUL OF SPEAKERS; I BELIEVE WE HAVE FOUR SPEAKERS. WE HAVE COORDINATED OUR EFFORTS TO YOUR POINT ABOUT REDUNDANCY AND WE ARE GOING TO TOUCH ON DIFFERENT TOPICS. LIKE COUNCIL, YOUR JOB IS TO PRESERVE SPRINGBORO AND LOOK OUT FOR THE COMMUNITY’S BEST INTERESTS AND THAT IS WHY THE HOA EXISTS AS WELL. WE ARE HERE TO PRESERVE THE BEST INTERESTS OF THE HEATHERWOODE COMMUNITIES, WHICH INCLUDE DUNNINGTON COURT AND HEATHER GLEN, WHICH ARE THE ADJACENT PROPERTIES TO THIS PROPOSED REZONING. SPECIFICALLY, WE ARE MOST CONCERNED WITH THE PRESERVATION OF THESE PROPERTY VALUES. WE FOUND OUT ABOUT THIS A FEW WEEKS AGO; THE BOARD MET AND WE REVIEWED ALL OF THE INFORMATION. INITIALLY WE WERE CONCERNED ABOUT THE DENSITY, BUT IN REVIEWING THE MINUTES WE DO APPLAUD THE COUNCIL FOR YOUR WORK IN REDUCING THE ORIGINAL 10 LOTS DOWN AND MATCHING THE DENSITY OF THOSE ADJACENT PROPERTIES. HOWEVER, THERE ARE JUST STILL TOO MANY UNKNOWNS WE FEEL REGARDING THIS PROPOSED DEVELOPMENT AND HOW IT MAY AFFECT THE HEATHERWOODE COMMUNITY. WE UNDERSTAND THE PHASE OF THE PROJECT RIGHT NOW IS FOCUSED SOLELY ON REZONING, AND I HAVE SEEN THE LAYOUT THAT WAS PRESENTED BEFORE BY DAN (BORON) ABOUT THE FACT THAT SOME OF THESE OTHER DETAILS WILL COME LATER. BUT, REALLY TO MAKE THIS THE LEVEL OF DECISION THAT NEEDS TO BE MADE HERE, WE FEEL THAT THAT INFORMATION SHOULD BE BROUGHT FORWARD AND TAKEN INTO CONSIDERATION UP FRONT. WHAT WE ARE REALLY CONCERNED MOST ABOUT ARE THE HOMES THEMSELVES, THE BUILDING MATERIALS AND ARE THOSE GOING TO BE EQUIVALENT TO THE STANDARDS THAT WE HAVE SET FOR OUR HOMES THAT ARE ADJACENT INCLUDING THE UNIQUENESS OF STYLE. WE DO NOT WANT “COOKIE CUTTER” HOMES; WE WOULD HOPE THAT THEY WOULD BE UNIQUE JUST LIKE THE HOMES IN DUNNINGTON COURT AND HEATHER GLEN. IT DOES NOT TAKE MUCH, IF ANYONE GOES OUT AND YOU ARE LOOKING AT A NEW PROPERTY YOU GO TO ZILLOW OR YOU HAVE A HOME APPRAISAL DONE AND YOU KNOW THE PROPERTIES THAT ARE ADJACENT TO THE PROPERTY YOU ARE LOOKING AT, WHETHER IT IS YOUR HOME OR ANOTHER HOME YOU WISH TO PURCHASE, WEIGH HEAVILY ON WHAT THE VALUE AND THE QUALITY OF THE ADJACENT HOUSES ARE. WE UNDERSTAND THAT THERE IS A LOT OF GOOD FAITH DISCUSSION ABOUT NOT WORRYING BECAUSE THESE STANDARDS ARE GOING TO BE COMPARABLE. THE PERSON IN ME SAYS, “GREAT,” I FEEL LIKE THAT IS TRUE, BUT THE BUSINESS PERSON IN ME SAYS I REALLY NEED SOME ASSURANCES. YOU ARE PLAYING WITH PEOPLE’S INVESTMENTS AT THIS POINT SO IT IS A SERIOUS MATTER. WE ARE ALSO CONCERNED OR HAVE QUESTIONS ABOUT THE TIMELINE SHOULD THIS MOVE FORWARD SUCH AS WHAT IS THE TIMELINE FROM INITIAL DEVELOPMENT TO FULL OCCUPANCY. WHAT WE DO NOT WANT IS ANOTHER ASHTON WOODS SITUATION. THAT DEVELOPMENT IS KIND OF NESTLED INTO THE HEATHERWOODE AREA OFF SR741 AND SAT UNDEVELOPED FOR MANY YEARS. GRANTED, WE UNDERSTAND THE MARKET IS MUCH BETTER NOW, BUT STILL MULTIPLE YEARS OF THAT GIVES A NEGATIVE PERCEPTION OF NOT ONLY JUST THE NEIGHBORHOOD, BUT OF SPRINGBORO ITSELF. WE ALSO HEARD THAT THE APPROVAL IS CONDITIONAL UPON THE ESTABLISHMENT OF AN HOA TO “QUOTE” MANAGE THE COMMON AREAS. OUR QUESTIONS WITH THAT IS, WHAT IS THE TIMELINE OF THAT ESTABLISHMENT. AGAIN, IN THE SLIDE THAT WAS PRESENTED A FEW MINUTES AGO, THAT COMES VERY LAST IN THE GAME IT SEEMS TO ME. THAT HOA SHOULD BE TASKED WITH DEVELOPMENT OF THE ARCHITECTURAL STANDARDS THAT DRIVE THE BUILDING OF THESE HOMES. IF THEY ARE GOING TO PUT TOGETHER THOSE GUIDELINES AND STANDARDS, WILL THE HEATHERWOODE HOA HAVE AN OPPORTUNITY TO REVIEW THOSE AND MAKE SURE THERE IS EQUIVALENCY TO ENSURE THAT OUR PROPERTY VALUES WILL BE MAINTAINED AND PRESERVED.

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AGAIN WE ARE HERE AND A LOT OF PEOPLE ARE HERE TO OPPOSE THIS REZONING, BUT FOR THE SAKE OF INTEREST LET US SAY THIS MOVES FORWARD. I WANT TO PERHAPS OFFER A POTENTIALLY MUTUALLY BENEFICIAL SOLUTION AND THAT IS TO OFFER THAT THE STREAMSIDE OF HEATHERWOODE COULD BE PART OR MOVED INTO THE HEATHERWOODE HOA. FIRST OF ALL, THEY ARE ALREADY USING PART OF THE NAME, STREAMSIDE AT HEATHERWOODE, WHICH IS A LITTLE MISLEADING, BUT THAT IS A DISCUSSION FOR ANOTHER TIME.

AT THIS TIME, DEPUTY MAYOR CHMIEL INTERRUPTED MR. HUNTER TO LET HIM KNOW THAT HE WAS AT ABOUT FIVE MINUTES WITH HIS COMMENTS.

MR. HUNTER CONTINUED HIS COMMENTS AS FOLLOWS: I HAVE A FEW MORE POINTS. JUST GIVEN WHAT WE HAVE TO OFFER, WE ARE A STABLE HOA AND HAVE BEEN IN PLACE SINCE 2013. WE HAVE A LOT OF ENGAGED RESIDENTS AND WE HAVE THE ESTABLISHED COVENANTS AND STANDARDS AND WE HAVE A LOT TO OFFER IN BENEFITS AS FAR AS USE OF THE POOL AND TENNIS COURTS. AGAIN, I OFFER THAT AS A POTENTIAL SOLUTION SHOULD THIS MOVE FORWARD. AGAIN, WE HOPE COUNCIL CAN UNDERSTAND THE POINTS OF THE HOA AS BROUGHT FORWARD AS WELL AS THE RESIDENTS THAT ARE GOING TO FOLLOW ME. THANK YOU AGAIN FOR YOUR TIME.

DEPUTY MAYOR CHMIEL THANKED MR. HUNTER FOR HIS COMMENTS.

2) JOE WESTENDORF, 35 DUNNINGTON COURT, SPRINGBORO, OHIO 45066 – MR. WESTENDORF MADE THE FOLLOWING COMMENTS:

MY WIFE AND I LIVE AT 35 DUNNINGTON COURT, AND WE HAVE BEEN HERE SINCE 2011. WE ALSO OWN A BUILDING, WHICH USED TO BE THE OLD TOWNSHIP HALL ON MARKET STREET. I OWN MY OWN BUSINESS THERE AND RENT OUT THE OTHER SIDE. (MR. WESTENDORF DISTRIBUTED A

HANDOUT OF PICTURES RELEVANT TO THE SUBJECT PROPERTY PROPOSED TO BE REZONED.) I AM

GOING TO DISCUSS THE ENVIRONMENTAL IMPACT. ONE OF THE THINGS WE HAVE NOW ARE BARRIERS ON BOTH SIDES FOR HEATHER GLEN AND DUNNINGTON COURT AND IT IS VERY NICE AND TRANQUIL TO SIT IN THE BACK AND IT IS VERY PEACEFUL TO LOOK OUT. OUR CONCERNS ARE THE NEW STREAM AND THE ROAD AND EVERYTHING ELSE. WELL, NOT THE NEW STREAM, BUT THE RE-WORK TO THE STREAM AND WHAT IS GOING TO HAPPEN TO THE EXISTING BARRIERS. YOU CAN PLANT NEW TREES AND NEW BUSHES, BUT THAT IS GOING TO TAKE YEARS TO GROW AND IT IS GOING TO CHANGE THE DYNAMICS OF THE VIEW AND THE TRANQUILITY THAT HAS BEEN THERE FOR ALL OF THESE YEARS. I WOULD LIKE TO POINT OUT ONE OTHER THING THAT WAS SAID THAT I HEARD. I RESPECT THE HOMEOWNERS HAVE EVERY RIGHT TO ASK FOR THIS, BUT EVERYTHING I HAVE LEARNED SINCE I HAVE LIVED HERE IS THAT THE PROPERTY IN QUESTION HERE HAD THE OPPORTUNITY TO JOIN THE HEATHERWOODE COMMUNITY AND REFUSED. WHAT THE PLAN WAS, AS I UNDERSTAND, WAS THEY WOULD COME IN ON DUNNINGTON AND CIRCLE AROUND THE BACK AND GO INTO THE PROPERTY THAT WE ARE TALKING ABOUT HERE AND THEN IT COULD EXIT BACK OUT AND GO OUT HEATHER GLEN. THEY HAD THAT OPPORTUNITY AND THEY DID NOT WANT TO DO IT SO NOW WE ARE GOING TO HAVE ONE MORE ROAD THAT IS GOING TO BE OUT THERE. YEARS HAVE GONE BY AND NOW WE HAVE ALL THE GROWTH THAT IS ALONG THERE SO I WILL BRING THAT UP. THE OTHER THING I WILL SHOW YOU HERE THAT I TOOK PICTURES OF TODAY IS ON THE FIRST PAGE OF MY HANDOUT, WHICH IS OBVIOUSLY THE PROPERTY IN QUESTION. ON THE PROPERTY IN QUESTION, THE FRONT KIND OF SLANTS DOWN AND GOES OVER TO THE CREEK THAT IS ON THE RIGHT SIDE OF THE PAGE SO THERE IS RUNOFF FROM THAT PROPERTY THAT GOES INTO THAT CREEK. THE NEXT PAGE IS THE CENTER OF HEATHERWOODE BOULEVARD AT HEATHERWOODE AND THE ONLY QUESTION WITH THAT IS BY THE TIME PEOPLE SEE THAT SIGN THEY HAVE ALREADY PASSED IT. THE IDEA OF THE PICTURE IS, THAT IS THE DRAIN, AND I DO NOT KNOW WHERE ALL OF THIS WATER IS COMING FROM, BUT I SUSPECT IT RUNS OFF THE SOD FARM UNDERGROUND AND THEN GOES TO THE NEXT PROPERTY DOWN, WHICH IS BASICALLY THE SAME THING IN THEIR YARD, AND I BELIEVE THOSE CONNECT AND GO INTO THE STREAM, CREEK. WE CALL IT MORE OR LESS A MUD HOLE; IT IS NOTHING REALLY ATTRACTIVE. THE NEXT PICTURE IS A PICTURE I TOOK OF THE SEWER. THE SEWER IS ON BOTH SIDES OF THE ROAD AND ASSUMING AGAIN THAT IT IS FLOWING INTO THE CREEK AS WELL OFF OF THE ROAD ON BOTH SIDES ADDING TO OUR PROBLEM. AS I

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UNDERSTAND, AS WE HAVE BEEN HERE SINCE 2011, THE ISSUES REALLY STARTED COMING WITH THE WATER, THE AMOUNT OF WATER AND THE EROSION OF THE CREEK WHEN THEY WIDENED THE ROAD. I DO NOT KNOW, MAYBE THERE WERE NO CURBS ON IT AND IT RAN DOWN THE STREET; I JUST DO NOT KNOW, BUT OTHERS CAN RELATE TO THAT LATER. THE ISSUE IS THAT THE CREEK IS ERODING PRETTY BADLY AND IF YOU LOOK BACK JUST A LITTLE FURTHER HERE ON THE THIRD PAGE, THIS IS THE HOME OF A YOUNG COUPLE, BRIAN AND MELANIE, AT 36 DUNNINGTON COURT. YOU CAN SEE THEIR HOUSE THERE AND THAT IS THE CREEK, WHICH RUNS VERY, VERY CLOSE TO THEIR HOUSE. AS IT IS RIGHT NOW, MORE WATER IS GOING TO ADD TO THIS PROBLEM BIG TIME; THEY COULD HAVE A SERIOUS FLOOD. THEN, THE OTHER ISSUE WITH THAT IS NOT JUST THAT TYPICALLY THE CREEK, IF YOU WANT TO CALL IT THAT, IS DRY, WHERE THERE IS A LITTLE TRICKLE OF WATER, BUT WHEN IT RAINS IT FILLS UP FAST AND IT RUNS FAST. ALONG WITH THE FOURTH PICTURE, WHICH IS THE STREAM BEHIND THE BACK OF DUNNINGTON COURT AND THE CLUBHOUSE. THAT STREAM IS ALWAYS RUNNING; YOU CAN SEE WATER IN IT RIGHT NOW AND I DO NOT KNOW WHERE IT COMES FROM, BUT IT FLOWS FROM UNDERNEATH HEATHERWOODE BOULEVARD INTO THIS STREAM AND THE RESIDENTS THERE HAVE HAD ISSUES WITH WASHOUTS AND THOSE TWO STREAMS MEET AT ONE POINT. THE FIFTH PICTURE SHOWS THE 10TH HOLE AND WATER GOES IN A DRAIN UNDER THE 10TH HOLE, WHICH I KNOW FOR A FACT OVERFLOWS THAT FROM TIME TO TIME ON A HEAVY RAIN.

AT THIS TIME, DEPUTY MAYOR CHMIEL INTERRUPTED MR. WESTENDORF TO POSSIBLY START WRAPPING UP HIS COMMENTS.

MR. WESTENDORF CONTINUED HIS COMMENTS AS FOLLOWS: MY POINT IS THAT WE ARE VERY CONCERNED ABOUT AESTHETICS. YOU CAN TEAR THINGS DOWN AND REPLANT THEM, BUT WILL THEY GROW UP IN MY LIFETIME; THAT IS THE QUESTION. THANK YOU.

DEPUTY MAYOR CHMIEL THANKED MR. WESTENDORF FOR HIS COMMENTS AND FOR HIS ILLUSTRATIONS, WHICH ARE VERY HELPFUL.

3) KIM STRAHL, 45 HEATHER GLEN COURT, SPRINGBORO, OHIO 45066 – MR. STRAHL MADE THE FOLLOWING COMMENTS:

THANK YOU FOR THE CHANCE TO OFFER A FEW COMMENTS. THANK YOU TO SHAWN (HUNTER) AND JOE (WESTENDORF) FOR THEIR COMMENTS. I PROMISE TO BE BRIEF. MY ISSUE HERE IS AROUND SAFETY AND TRAFFIC ASSOCIATED WITH THE DEVELOPMENT OF THE PROPERTY UNDER QUESTION. AS WE ALL KNOW, SR741 IS ALREADY AN EXTREMELY BUSY STREET BOTH ALONG THE PROPOSED PROPERTY AND EXTENDING INTO THE PERPETUAL BOTTLENECK AT SR741 AND SR73. IN ADDITION TO ALL OF THE RESIDENTS IN THE AREA AS WELL AS OTHERS LIVING SOUTH OF HEATHERWOODE, THERE ARE FOUR SCHOOLS WITHIN ABOUT A MILE AND A HALF OF THE PROPOSED ZONING AT 1360 SOUTH MAIN. THIS CURRENTLY INCLUDES APPROXIMATELY 4,200 STUDENTS AND OVER 350 SCHOOL EMPLOYEES. I WOULD LIKE TO REPEAT THOSE NUMBERS –OVER 4,000 STUDENTS AND OVER 350 SCHOOL EMPLOYEES THAT ARE ON THAT ROAD ON A REGULAR BASIS. BECAUSE OF THIS CONGESTION, THERE HAVE BEEN 28 ACCIDENTS WITHIN THAT SAME MILE AND A HALF STRETCH WITHIN THE LAST YEAR INCLUDING ONE OF OUR OWN, A RESIDENT ON HEATHER GLEN COURT, WHOSE CAR WAS TOTALED SIMPLY BECAUSE HE WAS TRYING TO TURN INTO OUR PROPERTY. WHILE THE CITY HAS DONE EVERYTHING POSSIBLE TO CREATE A SAFE ENVIRONMENT WITH BOTH TRAFFIC LIGHTS AND A POLICE PRESENCE, THE FACT REMAINS THAT THIS IS AN INCREDIBLY BUSY ROAD MANY TIMES FILLED WITH YOUNG, INEXPERIENCED DRIVERS. HAVING SAID ALL OF THAT, WE FEEL THAT HAVING ONE MORE STREET THAT EMPTIES ONTO SR741 IS ONLY ADDING TO AN ESTABLISHED PROBLEM AND IN FACT ADDS TO A BUSY AND AT TIMES DANGEROUS SITUATION. BASED ON THESE TRAFFIC AND SAFETY CONCERNS, I RESPECTFULLY ASK THE COUNCIL TO DENY THIS REQUEST. I HAVE, WITH ME TONIGHT, PETITIONS THAT HAVE WELL OVER 100 SIGNATURES THAT ARE IN SUPPORT OF ALSO DENYING THIS REQUEST, AND I WOULD LIKE TO SUBMIT THOSE TO THE COUNCIL AT THIS TIME.

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DEPUTY MAYOR CHMIEL RECEIVED THE PETITIONS AND STATED THAT THESE PETITIONS WOULD BECOME PART OF THE RECORD AS WELL.

DEPUTY MAYOR CHMIEL THANKED MR. STRAHL FOR HIS COMMENTS.

4) CYNTHIA BYRD, 41 DUNNINGTON COURT, SPRINGBORO, OHIO 45066 – MS. BYRD MADE THE FOLLOWING COMMENTS:

I ACTUALLY WAS THE VERY FIRST PATIO HOME BUILT THERE BY DON DUNNINGTON OVER 25 YEARS AGO. I MOVED INTO MY HOME IN JUNE OF 1992, AND YES, I HAVE BEEN ONE OF THE PEOPLE WHO HAVE BENEFITTED BY THE SIDEYARD OF THE HOME AT 1360 S. MAIN STREET. I AGREED THAT I ENDED UP WHERE I ENDED UP BECAUSE THE PROPERTY OWNERS AT THE TIME DECIDED THAT THEY DID NOT WANT THEIR HOME TO BE PART OF THE PATIO HOME COMPLEX. AS A RESULT OF THAT, OUR BUILDER DESIGNED EACH LOT ON DUNNINGTON COURT TO MAXIMIZE PRIVACY. NOT ONLY DID HE PLACE THE HOUSE ON EACH LOT WHERE IT WOULD BE PRIVATE, BUT ALSO WHERE OUR WINDOWS WOULD BE PRIVATE AND OUR OUTDOOR LIVING SPACE WOULD BE PRIVATE. IN OVER 25 YEARS, I HAVE NEVER FELT LIKE WE WERE PACKED IN THERE LIKE RATS. THAT WAS MR. FULTZ’S COMMENT FROM THE OCTOBER 11TH SESSION WHEN HE COMMENTED THAT OUR HOUSES HAVE 10 FEET BETWEEN US AND LESS THAN 20 FEET AND MAYBE 15 FEET TO THE ROAD. I GUESS IF THAT MEANS WE ARE PACKED IN LIKE RATS, I DO NOT UNDERSTAND WHY HIS FIRM DESIGNED THESE NEW LOTS WITH 20 FEET SETBACKS FROM THE ROAD, 10 FEET SIDE YARD SETBACKS AND 10 FEET REAR YARD SETBACKS. FOR MOST OF THE YEAR, I CANNOT EVEN SEE THE HOUSE BEHIND ME AT 1360 S. MAIN STREET. WHAT THEY ARE PROPOSING SEEMS TO ME TO ACTUALLY CREATE THE PACKED IN LIKE RATS NEIGHBORHOOD BY DESIGNING HOMES THAT ARE 10 FEET FROM OUR EXISTING PROPERTIES. ANY OUTDOOR PATIOS, DECKS OR OTHER AREAS WOULD MAKE THESE PROPERTIES EVEN CLOSER TO US. THIS WILL BE FAMILY ROOMS AND KITCHENS AND WINDOWS FACING FAMILY ROOMS AND KITCHENS AND WINDOWS BECAUSE MOST OF OUR HOMES ARE DESIGNED THAT OUR LIVING SPACE IS IN THE REAR. NOT ONLY WILL WE SEE THE LOT THAT IS RIGHT BEHIND US THAT IS 10 FEET FROM OUR PROPERTY LINE, BUT WE WILL ALSO SEE THE HOUSE THAT IS TO THE LEFT OF THAT AND THE HOUSE THAT IS TO THE RIGHT OF THAT. WHEN I SPOKE TO ANN DANIELS, ONE OF THE OWNERS, SHE ADVISED ME THAT SHE PLANNED TO PRICE THE OVERALL PROPERTY IN THE $425,000 TO $450,000 RANGE. THIS MEANS THAT EACH LOT WILL BE PRICED AT APPROXIMATELY $61,000 PLUS ANY COSTS TO IMPROVE THE LOTS, DEMOLISH THE EXISTING HOUSE AND FIGURE IN A PROFIT, I GUESS, FOR THE DEVELOPER. ALSO, EVEN THOUGH MR. FULTZ SAID ON SEPTEMBER 13TH THAT THEY CANNOT HAVE ANYTHING TOO DIFFERENT OR THEY WILL PRICE THEMSELVES OUT OF THE MARKET, I AM CONCERNED THAT THE HIGH LOT AND DEVELOPMENT COSTS MAY CAUSE THEM TO CUT CORNERS ON THE ACTUAL STRUCTURES THEMSELVES. THEIR DOCUMENT PROPOSES USING EIFS EXTERIORS. MY UNDERSTANDING IS THAT IT IS SYNTHETIC STUCCO. I AM AWARE OF SEVERAL HOMES IN HEATHERWOODE THAT HAVE HAD MOLD PROBLEMS DUE TO SYNTHETIC STUCCO. WHEN I GOOGLED THIS, I DID FIND THAT MANY OF THE PROBLEMS WITH EIFS HAVE BEEN RESOLVED, BUT THERE IS STILL A STIGMA ATTACHED TO THE HOMES FINISHED WITH SYNTHETIC STUCCO. THIS COULD IMPACT HOW QUICKLY THE HOMES WOULD SELL AND COULD ALSO LOWER THE RESALE PRICES. IN SUMMARY, I AM CONCERNED ABOUT HAVING THREE HOMES BEHIND ME WITHIN 10 FEET OF MY CURRENTLY PRIVATE PROPERTY AND HOW THE LOSS OF PRIVACY MIGHT IMPACT MY PROPERTY VALUE. I AM CONCERNED ABOUT THE QUALITY OF THE CONSTRUCTION AND HOW IT MIGHT IMPACT MY PROPERTY VALUE. I AM INTERESTED IN SEEING THE COST BREAK DOWN OF THE PRICE RANGE OF THESE HOMES THAT A POTENTIAL HOME BUYER WOULD SEE. THANK YOU.

DEPUTY MAYOR CHMIEL THANKED MS. BYRD FOR HER COMMENTS.

5) JOHN WEILER, 40 DUNNINGTON COURT, SPRINGBORO, OHIO 45066 – MR. WEILER’S MADE THE FOLLOWING COMMENTS:

I LIVE AT 40 DUNNINGTON COURT AND I AM ON THAT SOUTHERN BORDER OF THE PROPERTY IN QUESTION. TO ME, THE ISSUE WE ARE FACING IS ONE OF ECONOMICS AND ONE OF FAIRNESS. WE

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BOUGHT OUR HOME IN 1994, AND OF COURSE BUYING ANY KIND OF REAL ESTATE HAS A GREAT DEAL OF RISK ATTACHED TO IT. THERE ARE ALL KINDS OF RISKS AND VARIATIONS IN THE MARKET. MOST OF US HAVE EXPERIENCED SOME KIND OF DECLINES IN PROPERTY VALUES OVER THE COURSE OF THE LAST DECADE. FORTUNATELY, THEY HAVE COME BACK UP AGAIN. HOWEVER, THESE VARIATIONS ARE CONSTRAINED BY EXISTING REGULATIONS AND ZONING LAWS. WE THOUGHT THE MARKET PRICE FOR OUR HOUSE WAS FAIR, AND I ASSUME THAT MR. DANIELS FELT THE SAME WAY WHEN HE BOUGHT HIS HOUSE A COUPLE OF YEARS EARLIER. STABILITY AND PROTECTION OF OUR PROPERTY VALUES WERE AN IMPORTANT CONSIDERATION WHEN BUYING IN AN INCORPORATED COMMUNITY SUCH AS SPRINGBORO. THE OWNERS OF THE PROPERTY AT 1360 S. MAIN ARE NOW HOPING TO ENJOY A PROFIT BY BUILDING SEVEN HOUSES ON THIS PROPERTY. THAT IS A CHANGE THAT MOST OF US COULD NOT HAVE IMAGINED WHEN WE BOUGHT OUR HOUSES. IT WILL IMPOSE COSTS ON PROPERTY OWNERS THROUGHOUT THE SURROUNDING COMMUNITY, LOWER PROPERTY VALUES, LOSS OF AMBIANCE FROM OUR PROPERTY, AS HAS JUST BEEN EXPLAINED, NOISE, MORE TRAFFIC, MORE WATER RUNOFF AND PERHAPS A PRECEDENT FOR EVEN MORE INTENSIVE DEVELOPMENT IN THE BROADER COMMUNITY AROUND SR741. THESE LOSSES WILL NOT BE BECAUSE OF CHANGES IN THE REAL ESTATE MARKET; INSTEAD, THEY WOULD BE BECAUSE THE CITY OF SPRINGBORO CHANGED THE RULES OF THE GAME BENEFITTING ONE PROPERTY OWNER AT THE EXPENSE OF OTHERS. I DO NOT THINK THAT IS FAIR; I DO NOT THINK THAT THE CITY SHOULD BE INVOLVED IN DELIBERATELY TRANSFERRING WEALTH AMONG ITS CITIZENS. I TALKED TO A NEIGHBOR ABOUT THIS ISSUE AND HE WAS KIND OF FRUSTRATED; HE SAID, “WELL, I GUESS IT IS JUST PROGRESS.” I DO NOT THINK SO. ALL OF US MADE A CHOICE TO MOVE TO SPRINGBORO BECAUSE WE LIKE IT. I THINK THAT PROGRESS IS SOMETIMES PRESERVING WHAT WE HAVE.

DEPUTY MAYOR CHMIEL THANKED MR. WEILER FOR HIS COMMENTS.

DEPUTY MAYOR CHMIEL STATED THAT THE PUBLIC HEARING IS JUST ABOUT FIVE MINUTES AWAY FROM THE TOTAL TIME PERIOD ALLOTTED AND WE USED 10 MINUTES OF THE PROPONENTS TIME SO WE WILL KEEP IT GOING FOR A LITTLE WHILE LONGER, BUT IF ANYONE ELSE THAT WISHES TO SPEAK COULD POSSIBLY TRY TO KEEP IT SHORT SO WE CAN GET AS MANY OF YOU IN AS WE CAN WE WOULD APPRECIATE IT.

6) MIKE HEMMERT, 50 ROYAL HIGHLANDS DRIVE, SPRINGBORO, OHIO 45066 – MR. HEMMERT’S MADE THE FOLLOWING COMMENTS:

I HAVE LIVED IN HEATHERWOODE FOR ABOUT 12 YEARS NOW, AND I AM FROM MAYBE A LITTLE BIT DIFFERENT PERSPECTIVE. I AM IN MY SECOND HOME IN HEATHERWOODE AND I LOVE THAT NEIGHBORHOOD. WHEN I FIRST MOVE IN, I LIVED ON HEATHERWOODE BOULEVARD RIGHT ACROSS FROM THE CLUBHOUSE. THAT AREA HAS FOUR HOMES ON IT AND THREE OUT OF FOUR OF THOSE HOMES ARE PATIO HOMES; I LIVED IN ONE OF THOSE PATIO HOMES. RIGHT BEHIND MY STREET AT THAT TIME WAS ALSO GLENCOE COURT. GLENCOE COURT IS ALSO ALL PATIO HOMES. I AM NOT SURE OF THE NUMBER, BUT IN THE PRESENTATION FROM DAN (BORON), GLENCOE COURT WAS NOT MENTIONED. ON GLENCOE COURT, WE HAVE SEVERAL HOMES THAT ARE OVER 4,000 SQ. FT.; MY HOME WAS ABOUT 3,000 SQ. FT. SO SOME OF THOSE HOMES ARE A LITTLE BIT HIGHER THAN WHAT WAS REPRESENTED. I ALSO WANT TO POINT OUT THAT I LOVED MY HOME SO MUCH THAT I ENDED UP BUILDING ANOTHER HOME ON THE OTHER SIDE OF HEATHERWOODE. I JUST LOVE IT THERE SO MUCH, AND I THINK ALL OF THE NEIGHBORS ARE GREAT. THE OTHER THING I LIKE ABOUT IT IS, IN THE 20 PLUS YEARS THAT HEATHERWOODE HAS BEEN THERE, HOW PEOPLE HAVE KEPT UP THEIR PROPERTIES. I LOOK AT THE PROPERTY AT 1360 S. MAIN, LIVING THERE THAT LONG, AND IT IS A CONCERN THE WAY THAT PROPERTY IS NOW. I AM CONCERNED WITH THE VERY LITTLE INFORMATION THAT WE HAVE AT THIS POINT. ALSO, CONSIDERING GLENCOE COURT, DUNNINGTON COURT, HEATHER GLEN, WE NOW HAVE FOUR STREETS WITH PATIO HOMES. I WOULD LIKE TO POINT OUT TO COUNCIL THAT THE OVERALL HOMES IN HEATHERWOODE IS 212 HOMES AND THE DENSITY IS JUST OVER TWO HOMES PER ACRE. THAT IS WHAT THE LAND USE PLAN IS AND THAT IS WHAT THE CURRENT DENSITY IS SO I THINK WE HAVE TO CONSIDER THE WHOLE SUBDIVISION. IF YOU ALLOW THIS REZONING THAT THE PLANNING COMMISSION HAS RECOMMENDED, YOU ARE

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GOING TO SET A PRECEDENT. WE KNOW THE LAND ACROSS THE STREET IS EVENTUALLY GOING TO GET DEVELOPED. IF WE OPEN THE DOOR WITH THESE SEVEN HOMES, I WOULD SAY IF I AM A DEVELOPER I SEE THE SAME THING COMING. ALSO, RIGHT BEHIND MY PROPERTY WHERE I LIVE NOW IS RED LION-FIVE POINTS AND THERE IS 30 ACRES UP FOR SALE THERE AS WELL. I SEE THE SAME THING AGAIN THERE AS WE OPEN THE DOOR SO I WOULD ASK CITY COUNCIL TO JUST UPHOLD THE LAND USE PLAN THAT IS CURRENTLY IN PLACE AND KEEP THIS DENSITY DOWN. THANK YOU.

DEPUTY MAYOR CHMIEL THANKED MR. HEMMERT FOR HIS COMMENTS.

DEPUTY MAYOR CHMIEL STATED THAT THERE IS TIME FOR A COUPLE MORE IF THERE IS ANYONE ELSE THAT STILL WOULD LIKE TO SPEAK.

NO OTHER OPPONENTS CAME FORWARD.

DEPUTY MAYOR CHMIEL CLOSED THE PUBLIC HEARING AT APPROXIMATELY 7:41 PM

(ALL WRITTEN COMMENTS AND PETITIONS SUBMITTED TO CITY COUNCIL PRIOR TO AND DURING THE PUBLIC HEARING WILL BE ATTACHED TO THE MINUTES FOR THE RECORD.)

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At this time, Mayor Agenbroad returned to the Regular Meeting to continue with the Regular Order of Business for December 7, 2017:

Before proceeding with the Regular Order of Business, Mayor Agenbroad observed a moment of silence in honor of World War II Veterans in recognition of Pearl Harbor Day. (Mayor Agenbroad ended the moment of silence by striking the gavel.)

ITEM 4. APPROVAL OF MINUTES: THE MINUTES OF THE CITY COUNCIL WORK SESSION AND

REGULAR MEETING OF NOVEMBER 16, 2017.

Mayor Agenbroad presented the minutes for additions/corrections. No additions/corrections.

Mayor Agenbroad called for a motion to approve the Minutes of the City Council Work Session and Regular Meeting of November 16, 2017.

Mr. Harding motioned. Ms. Iverson seconded the motion.

No discussion.

VOTE: Agenbroad, Yes; Chmiel, Yes; Moore, Yes; Harding, Yes; Brunner, Yes; Ridd, Yes; Iverson, Yes. [7-0]

ITEM 5. PRESENTATIONS: SPRINGBORO VETERANS MEMORIAL DEDICATION VIDEO. (The video was

shown just prior to Adjournment.)

ITEM 6. LEGISLATION: City Council held a Work Session at 6:00 PM tonight for approximately 15 minutes

to discuss the following legislative items as well as other city business.

1) ORDINANCE: FIRST READING. "AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF

THE CITY OF SPRINGBORO, REZONING APPROXIMATELY 2.35 ACRES OF LAND LOCATED AT 1360 SOUTH MAIN STREET FROM R-1, ESTATE-TYPE RESIDENTIAL DISTRICT, TO PUD-R, PLANNED UNIT DEVELOPMENT-RESIDENTIAL," was read by the Clerk of Council. Mr. Boron’s comments are summarized as follows:

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This is the first reading of an ordinance amending the official zoning map of the City to rezone approx. 2.35 acres of land located at 1360 S. Main Street from R-1, Estate-Type Residential District, to PUD-R, Planned Unit Development-Residential. This ordinance was the subject of the Public Hearing at the beginning of tonight’s meeting. A resolution approving the General Plan will be considered concurrent to the third reading of this ordinance on January 4. The General Plan contains all of the details associated with the layout of the subdivision. The rezoning is from R-1 to PUD-R to allow for the development of seven (7) lots. The recommendation to rezone the property was made by the Planning Commission on October 25, 2017. Mr. Boron added that the suggestion that this recommendation to rezone is not supported by the City’s Land Use Plan is incorrect. The Land Use Plan makes three recommendations as follows: 2-units per acre with no open space, 4-units per acre with 25% open space and 6-units per acre with 40% open space.

Mayor Agenbroad presented the item for questions/comments of Council. No questions/comments.

No action required at this time.

2) ORDINANCE O-17-41: FIRST READING. AN ORDINANCE AUTHORIZING THE ISSUANCE OF

NOT TO EXCEED $6,050,000 OF VARIOUS PURPOSE BOND ANTICIPATION NOTES, FIRST (2018) RENEWAL, BY THE CITY OF SPRINGBORO, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, AND DECLARING AN EMERGENCY," was read by the Clerk of Council. Mr. Pozzuto’s comments are summarized as follows:

This ordinance authorizes the issuance of not to exceed $6,050,000 of various purpose bond anticipation notes, first (2018) renewal by the City in anticipation of the issuance of bonds. The purpose of this legislation is to renew roadway improvement Bond Anticipation Notes for the SR73/SR741 Intersection Improvements Project. The notes mature on January 26, 2018. Once the project is complete, the notes will be converted to bonds.

As discussed at the Work Session, Mayor Agenbroad called for a motion to suspend the rules and waive the second and third readings of Legislative Item 2, an Emergency Ordinance. Ms. Ridd motioned. Mr. Harding seconded the motion.

No discussion.

VOTE: Brunner, Yes; Ridd, Yes; Iverson, Yes; Agenbroad, Yes; Chmiel, Yes; Moore, Yes; Harding, Yes. [7-0]

Mayor Agenbroad called for a motion to adopt Ordinance O-17-41. Mr. Chmiel motioned. Ms. Ridd seconded the motion.

No discussion.

VOTE: Iverson, Yes; Agenbroad, Yes; Chmiel, Yes; Moore, Yes; Harding, Yes; Brunner, Yes; Ridd, Yes. [7-0]

3) RESOLUTION R-17-35: "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO

A PROFESSIONAL SERVICES AGREEMENT WITH PICKREL, SCHAEFFER & EBELING CO., L.P.A. TO PROVIDE LEGAL COUNSEL AND LEGAL SERVICES FOR THE CITY OF SPRINGBORO AND DESIGNATING ALAN B. SCHAEFFER AS LAW DIRECTOR FOR THE CITY FROM JANUARY 1, 2018 THROUGH JANUARY 1, 2020," was read by the Clerk of Council. Mayor Agenbroad’s comments are summarized as follows:

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This resolution authorizes a professional services agreement with Pickrel, Schaeffer & Ebeling to provide legal counsel and legal services and designating Alan B. Schaeffer as Law Director for the City from January 1, 2018 through January 1, 2020. The Legal Committee convened this evening at 5:30 PM prior to the Regular Meeting with Mayor Agenbroad and Council Members Brunner and Iverson to review the proposed contract renewal for the Law Director. The proposed contract mirrors last year’s contract with a $5.00 increase in the hourly rate. Mayor Agenbroad thanked Law Director Alan Schaeffer and Pickrel Schaeffer & Ebeling for their legal advice and service for the past 14 years.

Mayor Agenbroad called for a motion to adopt Resolution R-17-35. Ms. Ridd motioned. Mr. Harding seconded the motion.

No discussion.

VOTE: Brunner, Yes; Ridd, Yes; Iverson, Yes; Agenbroad, Yes; Chmiel, Yes; Moore, Yes; Harding, Yes. [7-0]

4) RESOLUTION R-17-36: "A RESOLUTION APPROVING THE CITY OF SPRINGBORO EMPLOYEE

PAY RANGES AND ANNUAL WAGE SCALE INDEX ADJUSTMENT FOR THE YEAR 2018," was read by the Clerk of Council. Mr. Pozzuto’s comments are summarized as follows:

This resolution approves the City of Springboro employee pay ranges and annual wage scale index adjustment for the year 2018 for non-union employees of the City. Every year the City surveys surrounding communities in order to propose a comparable Cost of Living Adjustment as well as referencing the Consumer Price Index (CPI) for the Midwest. This year’s requested cost of living increase is 1.5% as well as “up-to” a 2.5% merit increase granted based on performance per evaluation.

Mayor Agenbroad called for a motion to adopt Resolution R-17-36. Mr. Harding motioned. Ms. Moore seconded the motion.

No discussion.

VOTE: Harding, Yes; Brunner, Yes; Ridd, Yes; Iverson, Yes; Agenbroad, Yes; Chmiel, Yes; Moore, Yes. [7-0]

5) RESOLUTION R-17-37: "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A

6.5 +/- ACRE PARCEL OF DONATED LAND ON NORTH PIONEER BOULEVARD FROM SCA PROPERTIES," was read by the Clerk of Council. Mr. Pozzuto’s comments are summarized as follows:

This resolution authorizes the City to accept 6.5 +/- acre parcel of donated land on North Pioneer Boulevard from SCA Properties. The Sanctuary (assisted living facility) is currently being built on Clearcreek-Franklin Road by the developer, SCA Properties, who has a residual 6.5-acre piece of land. During negotiations for that project, staff asked the developer to donate the land. Once the City accepts the land and owns it, the land will be marketed for economic development purposes to bring new business to Springboro.

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Mayor Agenbroad called for a motion to adopt Resolution R-17-37. Mr. Harding motioned. Ms. Moore seconded the motion.

No discussion.

6) RESOLUTION R-17-38: "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO

AN AGREEMENT WITH CUMMINS BRIDGEWAY TO PROVIDE AND INSTALL A RADIATOR IN THE WWTP GENERATOR," was read by the Clerk of Council. Mr. Pozzuto’s comments are summarized as follows:

This resolution authorizes an agreement with Cummins Bridgeway to provide and install a radiator in the WWTP generator. The purpose of this resolution is to make an emergency repair to the emergency power generator that powers the Waste Water Treatment Plant. The generator has a leaky radiator, which is already in the process of being repaired. Staff is asking Council to ratify that emergency expenditure for this repair because it exceeds the $25,000 limit, which requires Council’s approval. Staff does not want to risk any power outages at the Waste Water Treatment Plant.

Mayor Agenbroad called for a motion to adopt Resolution R-17-38. Ms. Iverson motioned. Ms. Moore seconded the motion.

No discussion.

ITEM 7. REPORTS: Mayor’s Report – The Christmas Holiday will be observed Monday and Tuesday,

December 25 and 26; whereby, the City Offices will be closed. The next City Council Work Session will be held on Thursday, December 21, 2017 at 6:00 PM followed by the Regular Meeting at 7:00 PM in Council Chambers.

City Manager’s Report – Mr. Pozzuto reported that the Speedway building at the southwest corner

of SR73/SR741 is scheduled to be demolished tentatively Tuesday, December 12 and should be a one to two day project according to the contractor. Also, the contractor is preparing for winter shutdown. Once the mast arm poles for the traffic signals are delivered and installed this month, the contractor, Milcon, will be shutting down the project for the winter because the only item left to complete in the construction phase of the project is to apply the final course of asphalt. Asphalt plants close during the winter months because asphalt cannot be produced in cold temperatures. The project is about 80% complete and on schedule for the winter shutdown. The project should be completed in the spring. Mr. Pozzuto emphasized that the public will not be seeing any activity on the project beginning from late December until the asphalt plants re-open.

Mr. Pozzuto also reported that the Leaf Collection Program, which was scheduled to end yesterday, has been extended to the end of December to wait for the remainder of the leaves to drop. There is no set pick-up schedule, but residents should continue to rake their leaves to the curb and crews will pick-up any remaining leaves.

Finally, Mr. Pozzuto recognized retired City Manager Chris Thompson in the audience and then introduced the newly hired Assistant City Manager Greg Shackelford to City Council and the community. Mr. Shackelford is currently the Assistant City Manager in Vandalia, Ohio until he begins

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in Springboro on January 3. Mr. Shackelford has been with the City of Vandalia for approximately seven years and is a resident of Franklin, Ohio. Mr. Pozzuto welcomed Mr. Shackelford to the community and to his new position with the City.

Mr. Shackelford approached the podium and thanked Mr. Pozzuto, the staff members that participated in his interview process and City Council for this opportunity. Mr. Shackelford commented that he feels like he is already part of the community, as he has coached in the community for several years and knows Council Members and staff through community associations. Mr. Shackelford also knows Law Director Alan Schaeffer who has worked with the City of Vandalia and PSE Attorney Jerry McDonald, who also provides legal counsel to Vandalia. Mr. Shackelford added that it is great to see Ms. Thompson and Chief Kruithoff, who he thanked for the opportunity to meet and share information. Mr. Shackelford also introduced his fiancée Amy Skardon, who has been very supportive of him and his family. Mr. Shackelford added that he will be less than 10 minutes away from his home and children. His daughters, who are triplets, and his son attend school in Franklin. Mr. Shackelford again thanked everyone for this opportunity; he is looking forward to getting started. Mr. Shackelford further added that he is doing the best he can to get Vandalia taken care. Vandalia just made the announcement that they are hiring the City Planner to take the Assistant City Manager position, and Mr. Shackelford and the City Planner have been working together on an exit strategy. Mr. Shackelford finally commented that it is a great opportunity and he looks forward to being in Springboro.

Mayor Agenbroad thanked Mr. Shackelford for his introductory comments and welcomed him to Springboro.

Committee Reports –

Mr. Brunner – Mr. Brunner welcomed Mr. Shackelford to his new position with the City.

Ms. Ridd – The Warren County Municipal League Holiday Dinner Meeting will take place next

Wednesday, December 13 beginning at 6:00 PM at Heatherwoode Golf Course and it is always a nice event. Ms. Martin will forward RSVPs on behalf of Council Members who wish to attend.

Mayor Agenbroad asked Ms. Ridd to pinch hit for him, as he will be unable to attend the event.

Ms. Iverson – Ms. Iverson reported that she attended the annual board meeting for the Austin Center

JEDD and Mr. Pozzuto serves on the board. The City receives approximately 20% of the income tax generated by the JEDD and will receive $185,103 in income tax distribution in the coming year. Also, the board reviewed The Miami Township-Dayton JEDD, which incorporates the Wright Brothers Airport that a lot of people think is in Springboro, but is not. They received a state grant to take down the power lines by the airport across from the West Tech Boulevard area and are working to make that area look much better aesthetically.

Mr. Harding – No reports. Ms. Moore – No reports.

Deputy Mayor Chmiel – No reports.

ITEM 8. OTHER BUSINESS. Mayor Agenbroad presented a notice of an application for a Liquor Permit as follows:

At this time, Chief Kruithoff commented that Council recently took action on a notice for a permit for this licensee. The business, Springboro Spirits, is currently in the Springboro Pointe Plaza. The first notice Council received and took action on was to consolidate the ownership of the business to one individual and transfer the current C-1 and C-2 permits held by the business allowing the carry out of beer, wine and mixed beverages. This new notice is to move that license from its current location to

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the new location being built on Gardner Road off SR741 and to add D-1 and D-2 permits, which allow the on-premise consumption of beer, wine and mixed beverages for a bar and wine tastings, etc. Chief Kruithoff made the following recommendation:

The City of Springboro is in receipt of a notification for a request for a new liquor permit from SD BHARTARA, DBA Springboro Spirits, 748 Gardner Road, Springboro, Ohio 45066 bearing the number 7639845. The request is for Permit D-1 and D-2 – On premises consumption and carry-out of beer, wine and mixed beverages until 1:00 a.m.

The Springboro Police Department can find no cause for objection to this application and recommends Council and the City of Springboro not express any objections and not request a hearing from the Ohio Division of Liquor Control concerning this application.

Mayor Agenbroad presented the item for questions/comments. No questions/comments.

Mayor Agenbroad called for a motion that the City Council and the City of Springboro not express any objections and not request a hearing from the Ohio Division of Liquor Control regarding this Liquor Permit application.

Mr. Harding motioned. Ms. Iverson seconded the motion.

No discussion.

VOTE: Agenbroad, Yes; Chmiel, Yes; Moore, Yes; Harding, Yes; Brunner, Yes; Ridd, Yes; Iverson, Yes. [7-0]

ITEM 9. FINAL COUNCIL AND MANAGER COMMENTS. At this time, Mr. Pozzuto played a brief video

highlighting the Springboro Veterans Memorial Dedication Ceremony. Mayor Agenbroad commented that the entire ceremony can be viewed on video at the Miami Valley Communications Council website at www.mvcc.net. Mayor Agenbroad thanked Mr. Pozzuto and retired City Manager Chris Thompson and the entire staff for an outstanding job on the new Veterans Memorial (located at Gardner Park off SR741).

ITEM 10. GUEST COMMENTS. No Guest Comments. ITEM 11. EXECUTIVE SESSION. No Executive Session.

ITEM 12. ADJOURNMENT. Mayor Agenbroad thanked the MVCC for tonight’s telecast and scheduled

rebroadcasts of this Springboro City Council Meeting.

Mayor Agenbroad called for a motion to adjourn the Thursday, December 7, 2017 Springboro City Council Regular Meeting at approximately 8:00 PM.

Mr. Harding motioned. Mr. Brunner seconded the motion.

VOTE: Ridd, Yes; Iverson, Yes; Agenbroad, Yes; Chmiel, Yes; Moore, Yes; Harding, Yes; Brunner, Yes. [7-0]

—MEETING ADJOURNED—

John H. Agenbroad

___________________________________ ______________________________ John H. Agenbroad, Mayor Presiding Officer

___________________________________ Lori A. Martin, Clerk of Council

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