City Council - Regular Meeting

Good evening. Before we get started tonight, excuse me, we have a special presentation to make. So, if the chief and his officers would please join me. In May, we have a special week. It's for police week, and we'd like to recognize that at this point, it said proclamation. Whereas National Police Week is observed each year to honor the dedicated men and women of law enforcement who serve with courage, integrity, and unwavering commitment to protecting our communities. And whereas the members of the Beaver Creek Police Department faithfully uphold their oath to serve and protect the residents of Beaver Creek, often placing themselves in harm's way to ensure safety and well-being for of others. Whereas these officers demonstrate professionalism, compassion, and resilience in the face of evolving challenges, working tirelessly to build trust, foster strong community relationships, and maintain a high quality of life enjoyed in our city. And whereas the Beaver Creek Police Department not only responds to emergencies, but also engages in proactive community policing, youth outreach, crime prevention, and public education efforts that strengthen the bonds between law enforcement and the citizens they serve. And whereas May 15, 2026 is designated as Peace Officer Memorial Day, a solemn occasion to honor federal, state, and local law enforcement officers who have made the ultimate sacrifice in the line of duty and to recognize the enduring strength and sacrifice of their families. Whereas, it is fitting that we as a community pause to remember those fallen heroes and reaffirm our support for those who continue to serve with honor and distinction. Now therefore, I, Don Adams, mayor of the city of Beaver Creek, on behalf of the entire city council, proclaim the week of May 10th through the 16th, 2026 as police week in Beaver Creek and further recognize May 15, 2026 as Peace Officer Memorial Day in the city of Beaver Creek. I call upon

all residents to join me in expressing our sincere appreciation and support for the dedicated members of the Beaver Creek Police Department. Let us take this opportunity to recognize their service, honor their sacrifices, and to reflect with gratitude on those who have given their lives in the line of duty. Consent that to you, sir. Thank you.

Thank you, Mr. Mayor and members of council for this proclamation honoring the men and women of law enforcement and the Beaver Creek Police Department. Your support and the support from our community means a great deal to our officers and and to their families. And this proclamation uh reinforces the the importance of our mission and the need to remember and to honor the officers who serve and protect every day and also the officers who have made the ultimate sacrifice and service to their communities. So, thank you. Now we'll call this meeting to order. Can have a roll call, please.

Council member Kern here. Council member Derer here. Council member Bills here. Council member, excuse me. Council member Literal. Council member Balos here. Vice Mayor Upton here. Mayor Adams here. Have a motion to excuse Council Member Literal. Second. I have a motion and a second to excuse Councilwoman Literal. All those in favor signify by saying I. I. I. Opposed. And I'll turn it over to Councilman Bales.

Okay. Thank you. If you would all join me for the pledge of allegiance and then remain standing for a brief prayer. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Dear Lord, we come before you this evening with gratitude for the opportunity to serve the people of this community. We ask for wisdom, clarity, and humility as we carry out the responsibilities placed before us. As we recognize National Police Week, please celebrate our police officers and first responders. Grant them protection, courage, and strength as they serve and protect our community every day. Guide us as we consider decisions that shape the future of our city. As we review our finances and resources, grant us discipline and foresight. Help us to be responsible stewards of the public trust, making decisions that are fair, transparent, and sustainable for generations to come. And as we consider placing an income tax measure before the voters, we ask for your discernment and integrity. Help us listen carefully, communicate clearly, and act in a way that respects the voices and needs of all of those we serve. In all discussions this evening, may we treat one another with respect, seek understanding, and work collaboratively for the good of our community. We ask for your guidance in all we do. Amen. We have an agenda before us. Any changes, corrections?

Move we approve the agenda, your honor. Second. Motion and a second to approve the agenda. All those in favor signify by saying I. I. I. Opposed. And we also have a couple of sets of minutes from April 13th regular meeting minutes. Any changes, corrections, updates? Motion to approve the April. Second motion and a second to approve the April 13th minutes. All those in favor signify by saying I. I. I. Oppose. And then we have a work session from April 20th. Any changes, corrections, updates. Move to approve the work session minutes.

Motion and a second to approve the work session minutes from April 20th. All those in favor signify by saying I. I. I.

Abstain. Thank you, sir. Uh, next up, public hearing PUD26-1. 26-1, SSP number one. An application filed by Walpert, Inc., 4454 Idea Center Boulevard, Dayton, Ohio. The applicant requests a specific site plan to allow for the construction of a 5,218 square foot restaurant on 1.95 acres. The property is located at the northeast corner of Presidential Drive and Colonel Glenn Highway, further described as book one, page 10, part of parcel one on the Green County Property Tax Atlas. We have an applicant Please state your name and address if you would please.

Yeah, David Tyber with Wilbert 4454 Idea Center Boulevard, uh, Beaver Creek, Ohio. Uh, so we're the the engineers or site engineers for the project and um working with Chick-fil-A. And if we could potentially bring a site plan up on the screen here just to maybe facilitate.

Sure. Okay. So, at the bottom of the page is Colonel Glenn Highway and then on the left side wrapping around the top is Presidential Drive leading towards right state. So we're working with um water development for the overall develop for the overall project. So we're just one parcel of that development. Um so we've already presented this to planning commission but some high level things um as far as access presidential would be a private road maintained by the the university. We do have a small right in driveway um at about at the top center of the page. So that is an entrance only and then our full access would be further to the top right. Um we have the the traditional Chick-fil-A building um running north south on the page. The entrance for the drive-thru would you would drive in a counterclockwise motion to enter the drive-thru. And there's there's two lanes for that drive-thru. And it's this is a consistent model with what Chick-fil-A has done around the other areas in the state of Ohio. Um but as you as you go into the driveway where the the dark shading turns to light, there's a canopy there. So that is what they refer to as the the order canopy. So they have customers um you know, you drive in there, you stop, they have employees out there that take take the order, help the customers order. Um so there is a canopy to help get the employees out of the elements. At times there's heaters beneath that canopy and fans as well for the the summertime. But as you continue around through the drive-thru, there is then a second canopy that's attached. It's freestanding, but it in a sense it kind of sits tucks right next to the building. So that's where um the meals are delivered to the customers. So um

there's two lanes throughout there. um depending on hours of the day and um how many customers there are, they will Chick-fil-A will sometimes run two drive-through lanes all the way through there. Sometimes they'll just close it to one or they'll sometimes do a combination of that. So, it it really is dependent up to the operator how they want to operate that and the volume of the store. Um public utilities are being provided through the city of Fairborn. There's been a joint agreement um in place there. So those are included with the project. So if there's anything else that that kind of wraps up all we have, but if there's any other questions, happy to answer those. Thank you very much, staff.

Good evening, mayor, members of city council. Again, the case you have before you is the first specific site plan of PUB26-1. The applicants again requesting approval of a 5200 foot restaurant on about 2 acres. Uh the project's located in in the far northern corner, far northern section of Beaver Creek. It's just west of where uh College Station is um near uh the Meyer Shopping Center. The two acres under consideration for this evening um is actually a triple frontage lot where it has 350 ft of frontage along Colonel Glenn and then about 500 ft of frontage along Presidential Drive, which is a a private street. uh along the entire frontage both on presidential and on Colonel Glenn. There's a six-foot sidewalk currently. Um and the site is mostly vacant with a little bit of overflow overflow parking for the parking lot to the east as well as a sand volleyball court, formerly used sand volleyball court at the corner there. The property was recently reszoned to PUD26-1 and has several B3 and B4 uses that are allowed within that PUD and drive-through restaurants are among the many uses that are allowed. So, what they're requesting is per permitted within this PUD. Uh the applicant pointed out the the site plan earlier. Um again, with the the primary access being off of the adjacent property to the west, I'm sorry, to the east. Um when we get to the the subdivision stage of this, the planning commission will ensure that there are appropriate access easements through this property. All of it's owned by right state, but we want to ensure that that access stays in perpetuity. Um so that would be on a on a record plan at a final stage at planning commission. In terms of the uh parking required, um going through the it's 100 square feet of indoor floor area, one for every 100 square feet of indoor, one for every 200

square feet of outdoor, and then one for every employee on the largest shift. Uh you reduce the the square footage by where you're not accounting for like storage areas or restrooms or hallways and things like that. Uh they're required to have 69 parking spaces uh on the site and they show 74. Um, you see the majority of the parking is to the west of the building. Uh, there's a little bit to the uh north of the building, but again, the bulk of it to the west of the building. Um, this just shows how it relates to the College Station to the west, which is a multi-tenant retail center, and then the storm water detention pond to the north and Kuran Highway to the south. I know over the last several months there's been discussion on drive-thru in restaurants and how they intend to ensure that all the the the drive-thru stacking stays on site. And this was a topic that I broached with Chick-fil-A early on and water development early on. Um, as you can see doing the math, they have room for up to 67 cars to be stacked on site before they get to the entrance to the one-way entrance that's on uh, Presidential Drive. Uh, this is well beyond what's required by the zoning code. Uh, I believe the zoning code requires 20 for this site. So, they're well above and beyond um what's required. So really not any concerns with the the stacking being uh spilling out onto Presidential Drive, which is a a private street to begin with. Uh seen here is the building uh that we're proposing. It's a modern style red brick building. It's got horiz horizontal tan bands of brick veneer along the base and along the center of the building. Uh they show dark metal trim. It's a cap to the building. and the and the same color for the uh proposed canopies that are both in the drive-thru lane and um along the the

food pickup area to the east of the building. The building height fluctuates between 20 and 21 ft depending on the height of the parapit wall. Um and the intent of that parapit wall on the top is to help screen the HVAC system that'll be on the roof from the ordinary public view on Colonel Glenn. Uh this is just some 3D renderings of the building to give you an idea of the materials and and where the canopies are uh in relation to the building. They do show a a good landscape plan included with the site. I kind of added different colors for the different trees between the shade trees and the ornamental trees. and then the uh evergreen bushes that'll be around the perimeter of the site to help block headlights from the uh the rideways along Colonel Glenn and the private rideway along Presidential Drive. In terms of signage, uh they're proposing to have uh 60 ft square foot signs on the north, south, and west elevations and then a 36 ft square sign, which is the medallion sign you can see on the uh the bottom left elevation, which will be on the on the east elevation. Um and then the friends and neighbors sign that'll be on the west elevation. Uh these are typical what we've seen with commercial developments in the last several years. Um no extraordinary amount of of signage that they're showing or um asking for with this application. And then uh I know the staff report said there was no ground signage, but there is a ground signage proposed. It's along Colonel Glenn. It's out uh in front of the site. Um, and they're proposing it to be 5 foot tall on a 1T brick base. This is comparable with the signage that you see all along Colonel Glenn Highway for the commercial establishment. So, no concerns there with any of the any of the signs they're proposing with this uh application. When we got to planning commission, there was concern about pedestrian

access from Colonel Glenn. Um, and they added a condition that a a stub be added directly to Colonel Glenn. Looking at that further, uh there is somewhat of a mound on Colonel Glenn. It goes up through four feet or so. And to make it ADA compliant, you'd have to extend a couple switchback switchbacks to get to the site. Um and another concern would be you're you're encouraging foot traffic to go through uh the drive-thru lane. And so after taking a look at it, staff, and this is completely up to city council, the the 18th condition says that they have that stub onto Colonel Glenn. I think it would be safer to have it along Presidential Drive, similar to what you have at College Station there to the to the east where they don't have access direct access from Colonel Glenn, but they've got it on Presidential Drive with these two stub sidewalks. You know, it is important to have pedestrian access to the site, direct pedestrian access to the site, but I think that it's it would be safer to have it uh on Presidential Drive and not through the uh drive-through lane. But this this project is actually stateowned property. So, um there's some legal caveats on not being required to go through any of this process, but working with right state and working with Woodard, um they they wanted they wanted to be good neighbors and good stewards of of their property and go through the PUD process to begin with. So, it's up to city council whether uh stubs stay on Colonel Glenn or on presidential. Um but I just wanted to point that out there. There are 18 conditions in the motion for your consideration. Both planning commission and staff recommend approval of the applicant's request subject to those 18 conditions of approval. I'll be happy to answer any questions following the public hearing. Thank you.

Thank you very much. This is a public hearing. So, if anyone would like to come forward and speak to this, uh, please come to the podium, state your name and address, and you'll have three minutes. All right, seeing none, I'll close the public portion. Council input. Mr. Mayor, a quick question for clarity. Um, Randy mentioned there's 18 conditions. I don't recall seeing 18 in the packet. It's um the very bottom on page 34 of the packet. Oh, okay. I didn't get all the way to 31.

So, kind of regarding that, are you suggesting that um council consider removing condition 18 or modifying it or modifying it just to say pedestrian access from residential instead of Colonel Glenn or well it doesn't even say Colonel Glenn, it just says southern portion. No. Or you can condition it a sidewalk access um to be a location to be approved by uh the city engineer and planning department prior to release of a permit.

In a way, it makes sense on presidential for students walking to the from campus to

Yeah, I mean this site will be more oriented. I mean, if you look at it from the big picture, um, I'm going the wrong way, but it's closer to Wright State, the proximity to Wright State, and I don't have a good picture, but it's more likely to be used by students from Wright State rather than uh the pedestrians along Colonel Glenn Highway. There is a bus stop near that location um down at the corner. And so, and that was the intent of planning commission was to from what I took is to to help uh with the customers that may or may not be using the the RTA bus or Greencat's bus or using Colonel Glenn in general, but I think that it would be safer to encourage them to walk up the additional couple 100 feet or so and and not go through what is permanently designated a drive-thru and not to have the the longer switch back that may be challenging to to build to begin with with the the the number of utilities that are in that location and uh in the this year grading of the site and trying to make it work.

I think that makes sense. I mean, presidential seems like the better choice and I don't want to send someone through the drive-thru. I think as that redevelops or that develops out over there, there's going to be more things up east of it and north of it than there is south of it. Correct. Yeah. Access there. Mike. Oh, correct. This the the sidewalk along the the entire perimeter is already there.

It's kind of hidden by that red line there, but it's there. got three four sets of questions. Mayor me I want to thank planning commission for the hard work. Um Mr. Briquette, anything any changes since planning commission? Any consideration of some of the additional points made? No, I mean I I think that they're there they were concerned about the the pedestrian access mostly. I wanted to breach the subject here with uh the city council before we had them make any changes to their plans.

Next set of questions I come with some trepidation um asking questions of Chick-fil-A's drive-thru given their outstanding reputation. Um see if I can find that one again raise a question that Mr. fountain uh on planning commission and so I'm going to point to it and then I'll come back to the mic but um this area here uh so who has the right of way is my question here through here and what's the signage going to be if there's some kind of face off into the road.

Sure. Um we tend to want to have people coming off the main roads and not be backed up on the main road. So we would make sure it's signed so that um the precedent would be somebody coming and off of that um single right in only lane. Um even though technically when you're entering a another through through fair you would have the rightway. um they'd have to talk with the engineer about what the appropriate signage would be, whether that be a stop sign or a yield sign at that that location. But all this is on private property, so it's nothing that the would be enforceable by the city. Um but at least guiding people in that direction. But I threw the 67 cars on there for discussion purpose, but I I wouldn't anticipate it would ever get that far back.

Is Chick-fil-A. It is lunch time. They're very popular. Is it the same owner operator as the other two locations in Beaver Creek if you're able to say? I have to defer that to the applicant on that one. So, I don't believe it's been finalized yet, but I believe that's the intent.

Been outstanding in terms of community involvement, uh, redoing the previous site to really speed up the, um, drive-thru. So, I I have minimal concerns. Uh, next question on the drive-thru is again, and I'll point in that location. If I have someone in my vehicle with a medical emergency, what happens?

I mean, much of the time it'll be a single lane drive-thru. Not all the time. I mean, when it when operation becomes heavy operation, I mean, they they'll have the ability to open up that second drive-thru. Um, how they get out, if there's somebody in the middle of that, I mean, we leave I'd leave that to the fire department whether that be they park and pull somebody out or um I mean, that would be up to EMS how they would get that person out of that drive-through lane. stay on the record because we there's limitations in terms of what we can do, but as a suggestion, maybe there's a way of opening here. Um maybe keeping it single lane um for as long as possible. I'd also uh suggest that, but just something on the record for people to think through. Um, but knowing Chick-fil-A, they'll work very hard to get people out and to uh make the best of it. U, but it's something that I I brought up with Seven Brew, and I think uh it's worth thinking through. Uh, I think as council, we should also consider the questions of uh, planning commissioner Jim Fountain uh, talking about the uh, new land use plan. I think your comments were uh, right on Mr. Bquette because this application predated uh the passing of the previous land the current plan land use plan and so I think it fits well under PUB26-1 B3 B4 uh I think it fits well but Mr. Fountain is looking for some guidance and I think that's worth uh us considering um um on future PUD's various um applications as well.

Certainly. Yeah. I in this PUD wasn't set up as a mixed piece mixed use PUD. So even if they wanted to do residential, it would have to come back for an amendment and the land use plan's more of the guiding document when we're going for these uh resonings rather than site plans because site plans the zoning is established and so they they design it off the zoning. But I understand. Final question pertains to the uh main entrance and it dovetales with an existing overflow parking lot at Wright State University. Do you have any concerns um as to its usage? Um

we did um when we were looking at the original documents um but because this is a a different site um we put them on notice that that should at least be a 36 foot wide access point so that you have the ability to go left out or right out and and come in so that there is uh better access in and out of that site because of the volume of traffic I would anticipate on that that particular location. thinking exam time, especially during the winter if there's a snowfall uh and other auxiliary events on campus. It is worth thinking through when when that parking lot does fill to some degree. It's it's rare uh from from what I've seen, but it is

I think in the next 6 months, I don't know the exact timing, but we'll see further development as we move down or plans for that. I mean, that's not going to stay an overflow parking. um that's going to be the next set of development restaurants or multi-use stores or or whatever they have planned for that. I mean, there's um it would be a logical um development as you go move further east.

Thank you, Mr. Burkett. And thank you, Mayor. Uh, I've said I've said all my comments, but I'd be happy to make a motion to amend a condition. So, I'd like to make a motion to amend condition 18 to read as follows. A sidewalk access point shall be located at the discretion of the city engineer and city planner. We need to say along along presidential. I'm comfortable with leaving it at their discretion. a long presidential. I mean, it's not going to be a long Colonel Glenn since we've already talked about that. So,

I'll second.

I have a motion and a second to amend uh issue 18. Uh all those in favor signify by saying I. I. I. Opposed. All right. Now, do I have a motion to I move for the purpose of taking administrative action approval of a specific site plan for PUB26-1 SSP number one Chick-fil-A on the basis that city council finds the facts submitted with the application and accompanying materials satisfy the standards and criteria set forth in section 158.066 of the zoning code. I further move that this motion with all conditions there are 18 be fully recorded in the minutes of this council meeting.

Second. I have a motion and a second to approve these uh with the addition of the uh change to 18. All those in favor signify by saying I. I opposed. Okay. Thank you very much. Ordinances, resolutions, and PUDs. Ordinance 26-12. Ordinance 26-12, an ordinance vacating drainage easements over land owned by Green Crossings LLC.

Mr. Mormon.

Yes. Good evening, Mayor, members of city council. Um, you may remember in the in late 2025, city council approved a plan for the demolition of the existing Burger King at uh 4380 Indie Ripple Road. Uh, the location of the site is shown there on the drawing. The star signifies the property. It's uh just to the west of the I675 interchange and the the greens directly across the street. Um when this site was first uh platted back in 1979, there were two or I guess actually three drainage ements. Only two are showing the drawing though, however, but um there were uh public drainage ements dedicated um through the site. Um and and again um see and really these easements, it's really kind of a remnant of what they really used to do things back in the township days. uh the way we do them now, if there's a storm sewer that runs through a commercial site, it's typically the uh property owner's responsibility to do any maintenance to that storm sewer. Where with this easement being dedicated, if we left it the way it was, it would be the city's responsibility to fix pipes, clean out, catch basins, things of those natures. Um with the development of the new plan, with the the new McDonald's going in there, there's a couple issues. when they redo the site, the location of the storm sewer is going to be changing where it'll no longer be within the confines of the easements. Uh, additionally, when the new building is put in there, the footprint of the building will encroach into one of the easements and showing with the circle where that encroachment is. And sorry for the the kind of cluttered drawing, but the the green signifies the new storm sewer and the yellow outlines where the location of the existing drain easements are. So because of those issues, uh the city and the developer and the land owner are all in agreement that these ements should be vacated. And for clarity, I I show the location of thesements on this

drawing without all the the background information. So uh with that, I'd be happy to answer your questions following the public hearing.

Yeah. Uh this is a public hearing. So if uh anyone would like to come forward to speak to this, please uh step forward microphone and state your name and address. You have three minutes. Seeing none, I will close the public portion. Council questions. Honor, I'd move uh ordinance. Mayor, I have I think we have a couple questions here. Somebody Oh, okay. Question.

Thank you for your work on this matter. Um does the new storm drain line um follow the new proposed drive-thru that we approved with the new McDonald's? Yeah, it's it's kind of hard to see on the drawing, but if you look in that where that blue dot is, you can see that the the drive-through lanes just off to the right on that drawing. Again, it's a little bit hard to see, but the uh storm sewer line, the new one will will kind of skirt the the top edge of that uh drive-thru line there. There any concern with the overlap?

Uh there isn't. The storm sewer line should be deep enough to allow for all everything McDonald's needs to go in there. Yes. Are they currently waiting on building based on on this? Because I I went by there this weekend and yeah, I think the big holdup is the McDonald's people don't want to move forward uh with part of their building encroaching into an easement which isn't a good way to proceed. I I agree with them. So, they're I believe they are waiting until that this is approved by city council.

Makes sense. Thank you. Will the council be assuming the maintenance of the uh drainage under the township days that that essentially fell to the city? Uh they will and in talking to the land owner, the land owner, he actually owns both parcels. Um but uh McDonald's is is going to lease the smaller property from him. And as I understand it, they're working in an agreement between the land owner and the the lease holder for the maintenance of the storm sewer lines to make sure it flows correctly. That kind of takes the burden off the city then. Yes, sir.

That helps. Your honor, I would uh move 2612 to second reading. Second. Have a motion and second to move ordinance 26-12 to a second reading. All those in favor signify by saying I. I. I. opposed. Ordinance 26-13. Ordinance 26-13 to approve supplemental appropriations for fiscal year beginning January 1st, 2026 and ending December 31st, 2026 and to amend ordinance 25-26 and 26-09.

Thank you. Um, so we have a few appropriation amendments. the uh hit go through them pretty quickly. The the first one is an additional appropriation for $4,623. This is related to the property taxes on the land we acquired uh at factory and 35. Um we've filed for exemption on the two parcels that are not going to be uh used for agricultural purposes. However, the property we are leasing does not qualify for exemption. In Ohio, exemptions are based on the use of the property because it's producing commercial profit. It does not qualify instead of the owner doesn't really play a part in that. Um the second two appropriation amendments are related to the street levy fund. um factory road bridge widening has run into a couple of issues um due to the bedrock and not being able to uh drive the piles as deep as what the original plans were. Um and so they've had to make some alternative plans and of course there are some additional cost associated with that. Um and then also the Graange Hall side path uh when the plan was originally budgeted um did not include co the cost to move a water line that's owned by the county. The county will be reimbursing us that money. That reimbursement likely won't be seen until 2027. So it would be included as a 2027 budgeted revenue item. Um, Street Fund has a a projected cash balance at the end of the year of $2.3 million. So, there are sufficient uh unappropriated funds to cover these two uh additional costs. Um, the last item is a supplemental appropriation for the police levy fund um seeking an

additional uh school resource officer. Um, so that is something that I know was discussed uh during um a work session. Uh, we estimate the annual cost for that school resource officer be $153,539. Um, we're asking for an appropriation for half of that amount, $76,770. Um, again, this is one of those where the expenses will be incurred in 2026. SRO's traditionally are uh build um semianually. Um so they we wouldn't see the revenue uh from the school until 2027. And with that, I'm happy to answer any questions after public comment. This is an ordinance, so that does uh require public comment if there is any. If you have something to say to this, please come forward, state your name and address, and you'll have three minutes. Seeing none, we will close the public portion. Council, any input?

Mr. Graham, does this change the street fund balance percentage at all? Still above 20%. Yes, it would be well above the 20%. Issues. Thank you. Anyone else? Have a motion. Mayor, I move to approve ordinance 26-13 in a single reading. Second. Have a motion and a second to approve ordinance 26-13 for a single reading. All those in favor signify by saying I. I. Is it roll call? Oh, I'm sorry. I messed up. It is a roll call. Sorry. Council member Derer.

Yes. Council member Boss. Yes. Vice Mayor Upton, yes. Council member Bills, yes. Council member Curran, yes. Mayor Adams, yes. Now it's approved. Resolution 26-24. Resolution 26-24, a resolution authorizing the city manager to enter into a full service street lighting agreement with the Miami Valley Lighting LLC.

Yes. again. Um, currently the city has uh 455 lighting fixtures throughout the city where Miami Valley Lighting, they take care of any kind of maintenance with those lights and our our contract unit cost pays for all the power for those lights as well. Um, right now we're operating under the old contract, which was a 10-year contract that is expiring this year. So, they've gotten together and they've negotiated a new seven-year uh agreement. And I should say when they get together and negotiate the new agreement is through the uh Miami Valley Cable Council. So there's 24 or 25 jurisdictions all going together to use their collective bargaining power to get the the best possible rates that uh all the cities can get. Uh some of the major changes from the old contract to the new contract, of course, the the LEDs are becoming more and more um the way everybody is going. So there's some new options with the LEDs. uh the cost of the polls. Uh it's a been a big increase over the last several years, the cost of the polls and that's reflected in the rates provided in the in the new agreement. Uh again, collective negotiations uh 24 25 jurisdictions going in together to to get the best possible pricing. um some of the lighting design standards, which is kind of nice because in our in our newer uh subdivisions, we often use the Miami Valley lighting decorative lights, and it provides more options for these new neighborhoods if we want to, you know, something a little bit nicer. And again, billing and payment, um nothing is done unless it's approved in writing first by the city manager as far as new installations or changes uh that we want to see done. Uh a couple newer things. Um, it used to be where if we wanted like a new light put up, it would just be wired directly into the AES system. However, a couple years ago, they made a change where now we have to meter all those. So, when you look at the pricing and the contract, you have to add in the cost of the meter

as well. So, that raises our our cost a little bit uh going forward for any new lights that are put in. Um, fixture inventory. Uh, they've been really good about uh giving us their GIS layers and we we have that now. So, we're kind of working through um matching up the GIS information with our assessment records for lighting and to get all those to to work out. So, in the smart lighting project, which is something it's a it's a pilot project they're going to be doing where they add sensors to some of the light poles where say if the light goes out, the pole gets knocked over, it sends a signal to the Miami Valley line to let them know the pole needs needs service. uh kind of the current rates. Um again, the last rate increase was all the way back in 2020 in in the last contract. So they there hasn't been any increase in the in the past five years. So um and you can see with the new rate structure, they kind of lump the most of the increase in 2026. And the explanation for that is again because they haven't had an increase in so many years. They're trying to recoup some of that money in the first year. So the first three years it's a higher increase. for the last four, it's a 2.75% uh increase in cost. And again, these are all the jurisdictions under the contract. And give you an idea, Beaver Creek's the top of the uh list here. Uh our current cost is a little bit over $75,000 per year. And you can see with those rate increases, uh how they project those going up over the years. Um of course, if we add new lighting and stuff like that, those numbers are going to change. So, in the U resolution before you, we give the city manager the authority to sign the the new seven-year agreement. And with that, I'd be happy to answer any questions.

Questions? There you go. Motion. Your honor, I'd move that we approve resolution 26-24. Second. Have a motion and a second to approve resolution 26-24. All those in favor signify by saying I. I.

Opposed. Resolution 26-25. Resolution 26-20 25. a resolution to proceed with placing a 1% municipal income tax on the November 3rd, 2026 ballot and to certify the same to the Green County Board of Elections.

Good evening again. Um so uh start with just kind of a quick review of uh what we've done, what we're asking today, and then what would be left to do if if this uh resolution were approved. So, we've had numerous uh meetings uh to discuss various property tax, income tax proposals, mixtures, and and different uh funding options. Um council has uh approved ordinance 26-10, which is the city's income tax code. Um the 30 days has passed. So, the uh ordinance is effective now. So today, uh, we are requesting council consider approval of resolution 26-25 to proceed to place the 1% income tax question on the November 26 ballot. Um upon approving this resolution, what's left to come is we would have until August 5th of 2026 to file this resolution along with the tax code ordinance uh and with the uh Green County Board of Elections. Um and then the last step would be just waiting on the election results. So, so um resolution 2625 uh again it's to proceed with placing the 1% income tax on the ballot. Uh it authorizes the submission of the question um to adopt the ordinance 2610 chapter 39 income tax code uh within the city's codified ordinances. Um the effect would be I if passed it would implement the 1% income tax effective July 1st of 27. Uh it would terminate the specific levies uh that we have identified uh upon approval by the electorate of the income tax levy. Uh it would establish the proposed

ballot language and um it would authorize the filing of the question to the board of elections. Um, next you'll see the uh proposed income tax uh ballot language. Um, you can see, you know, the percent and we'll we'll go through that in a little more detail and identifying those levies. Um, this is what we are proposing. The Secretary of State must approve all ballot language and can change or amend that language as they see fit. So uh while this is our proposed language, we work with legal uh developing this language. Uh it is important to know that Secretary of State ultimately has the final say on what that language will be. So um you know, we've talked a lot about it. Most of our income tax code is dictated by state statute. Um I do think it's kind of important to remember that um if statute changes it doesn't mean our tax code necessarily changes. Um you know there are components of uh the statute that can change through an act of the general assembly but um our tax code is under the control of this body. Um so again key components uh 1% peranom uh the purpose is general operations. We go on to define a little bit or give examples of what general operations are. The effective date would be July 1st 2027. Um this would offer a 100% tax credit up to 1% uh for income that is subject to municipal income tax where it is earned. Um, council also added a caveat in the tax code, uh, the city's tax code that

would say this 100% credit can only be changed with a vote with the approval of the voters. So, um, that that is kind of an important message um that's not part of the statute. Uh upon approval um the income tax code will be uh will permanently terminate the selected levies effective tax year 2027. This means August of 2027 would be the last collection we received from those levies that are being terminated. And you can see a list of those levies that are uh being terminated. There are nine levies uh would reduce the property tax revenue to the city by 15.2 2 million. Um, and it would save property owners $232.95 per $100,000 of appraised value uh based on current rates. Um, another slide that you have kind of seen before showing what our current estimated revenue from our property taxes are is, you know, 30.7 million. Uh, the levies to be eliminated would be 15.2 2, reducing our property tax revenue by 50%. Um, and providing uh property owners uh savings of 52% um based on uh the reduction of those levies. Um, if this uh is approved by council tonight, um, we will be putting a number of things up on our website to inform the public, um, including some FAQs, the income tax ordinance, the resolution, um, and we also have a tax estimator, uh, that would allow residents to see

what impact, um, this proposal would have on their individual situation. And with that, I am happy to answer any questions. I'd be happy to start. Thank you, Mr. Graham. I don't have any questions, but I do have a prepared statement. Tonight's income tax decision is about the future of Beaver Creek and how we ensure it remains the kind of community that we all like to call home and are proud to call home. Beaver Creek is known for its safety, its parks, its infrastructure, and the quality of services we provide. And those are not accidental. They are the result of consistent investment and thoughtful planning over time. And if we want those services to remain strong, we have to ensure that they are funded in a responsible and a sustainable way. Today, our city relies almost entirely on property taxes. This proposal creates a more balanced approach by introducing the 1% income tax while reducing the city's property tax by 50%. That means meaningful property tax relief for homeowners, particularly those who are on fixed incomes since retirement income is not subject to municipal income tax. It also ensures that individuals who work in Beaver Creek and benefit from our services contribute to supporting them. This is about long-term stability, a diversified revenue uh system that protects the city from economic swings.

If property values decline, income tax helps stabilize that. And if the economy slows, property taxes remain steady. That balance is very important and is responsible financial planning. We have also taken steps to respond to the community input we've heard throughout this whole process. The ordinance has been clarified to ensure that the reduction in property taxes is permanent starting in the year 2027. At the same time, we have maintained flexibility on how the funds can be used so that we can be responsive to future needs, whether that's infrastructure, public safety, or unexpected challenges like we had in 2019. Our budget is already carefully reviewed with public input, and we've seen the impacts of reductions that we've had to make already. Cuts to services affect programs, facilities, and the quality of life that all our residents, including myself, enjoy. There is also uncertainty ahead at the state level regarding property taxes. Taking a proactive approach now helps ensure Beaver Creek remains financially stable regardless of what may come. Even with this proposal, Beaver Creek will remain the lowest amongst the lowest, I should say. taxed communities in the region and a significant portion of the revenue will come from non-residents who come to work here. At its core, it's about maintaining the strength of our community and it's about protecting the services we value today and ensuring that they are there for tomorrow. For those reasons, I do support putting this issue on the ballot. Thank you.

Thank you. Thank you, mayor.

Thank you, mayor. Um, two main points are driving my decision. The first is that uh successive conservative Republican auditors of state have uh noted uh that this is an issue that our revenue streams are out of balance because they're so heavily connected to property tax. uh I take their advice very seriously and this is a mechanism uh to provide you know two major streams of revenue. The second is and while I have some philosophical sympathy for it the property tax initiative uh should it go through it will leave Beaver Creek with very very little money on which to operate. there is a doomsday scenario that is problematic in my mind and this resolution gets out in front of it. So for those two main reasons, Mayor, I'm in favor of this resolution.

Very much, Councilwoman Bills.

I appreciate your preparation preparing these statements every time we discuss this issue. Uh well said. and I second everything uh that you expressed. Um I also share the sympathetic philosophical feelings. Um you know I hear the stories of um seniors in our community being you know their homes being at risk. The anxiety that's a real thing not to be underestimated. Um I hear the voices. Those are real stories and those are real people. um people in our community and I I share much of that concern. Um I think it would be irresponsible not to be prepared um for the future and what could happen especially at the state level and I also think you know in my own home right we would make these preparations we would not rely on one source we would look at a larger picture um and I think it's important to do that at the city level as well so for those reasons I also am in favor of this resolution Thanks.

Thank you very much, Counc. Thank you, your honor. This income tax will provide, as already been mentioned, uh, stability, which I think is key to keeping our community strong and being able to meet the needs of the, uh, future citizens and present citizens that we have in this community. So, I strongly support it and uh we'll encourage our citizens certainly to get informed and uh hopefully uh support this effort uh to to uh really help our community to grow and move ahead. Thank you. Thank you, Vice Mayor Upton.

Thank you, Mayor. Um apologize at the risk of being repetitive here. Um, I do have a couple prepared comments as well that I'll read through. You know, our community has been exclusively reliant on property taxes to service uh to fund the services that keep our neighborhoods safe and our streets maintained. Uh, this initiative is about fairness and local relief. By implementing a 1% income tax, we can ensure that the thousands of people who work in our city and use our infrastructure but live elsewhere contribute to our roads and our police services. Most importantly, I do believe that this is a win for our residents. This plan includes a 100% credit for those who work elsewhere and pay the income tax to other cities and it triggers a massive reduction in local property taxes. By terminating over 10 mills of property tax levies, we're effectively cutting the city portion of the tax bill in half, which represents just about 10% of the overall bill. This diversification will provide meaningful tax relief to our residents. It'll improve the city's long-term fiscal health by supplementing the stability provided by property taxes with a tax source that allows for inflationary growth. The language proposed in this code is some of the most restrictive language that has been proposed uh compared to previous attempts of an income tax. Every dollar brought in by this income tax is going directly to offset a property tax dollar. This will not create a slush fund or generate a surplus of dollars. The purpose is simple. To reduce the tax burden on Beaver Creek homeowners. It's not about a new tax. It's about a smarter tax. It's about lowering the burden on our homeowners, diversifying our revenue, ensuring that Beaver Creek remains a premier place to live, work, and and raise a family.

No one likes to pay more taxes under this proposal. I will. But I value our community. I value the services that we get. As someone that does live and work in the city, uh this is it. It's it's a hard thing for me to consider the impact, but it's an easy thing to understand what the impact would be without this. Uh services would be cut potentially if uh the the property tax initiative goes through. Uh and that's something that I could not uh allow to happen uh for our community. So, for those reasons, I encourage my council members uh tonight to move forward with this this uh resolution.

You Thank you very much.

I echo the sentiments of pretty much everybody here. Um I know that uh there's 24 25,000 people a day come into this city to work and they take their money back to the cities that they live in. Uh but they utilize all of our services. uh especially from a police standpoint, about 70% of the higherend services that they provide and the the accidents and thefts and things like that come from non-residents and they're not paying their fair share. So, I think they should. Um I'd like to I'd like to see the property taxes cut as much as we can. Uh I'm concerned about what may happen in the future with this uh property tax issue that's coming down the the road. Uh is uh when you live in a community the money just doesn't appear. Everybody is part of making it happen. You know, we are all in this together. We all have to support that. We all want police. We all want fire. We all want good parks. We all want clean streets, good streets. Uh I wish they came free but they don't. Uh so we have to pay for those. And uh for that reason I uh I like the diversic diversification part of it. Uh being able to to have the two different uh streams of income because I'm a person that believes in streams of income. When one dries up, another one is there. So and if we don't have that and one dries up, which could happen, I don't even want to think about what's going to happen to Beaver Creek. be perfectly honest with you because we will go down to I think we calculated with there will be about $2 million coming into the city. So you won't have a police department, you won't have a fire department. Townships will go away and all of a sudden your property values that you have right now, they're non-existent. You won't be able to get t

insurance on your houses uh because there won't be protection. So I think I've said enough on that for now. So, is there a motion? Motion to approve resolution 26. Motion to approve resolution 26-25. Second. I have a motion and a second to approve resolution 26-25. All those in favor signify by saying I. I. Opposed.

Thank you. Decision item first quarter financial report. Mr. Graham, we get to see you again. Good evening yet again. So, um have the uh first quarter 2026 financial report in front of you. There have been some uh minor modifications. We added some tables and graphs um to maybe keep you from having to go through the detailed information, but we did include all the detailed information that's always been there in case you enjoyed looking through that. Um we've combined the street uh funds into one fund because they are so intertwined together. Um you know, you have three different uh funds that are buying salt, you know, that that's it's kind of one product. So, so by combining these all into one, I I think it it makes everything a little more comparable and a little smoother going forward. Um, also provided some city-wide overview uh to address common issues. Um, instead of listing every property taxes under each and every fund, we'll kind of talk about them in general instead. Um so first uh with regard to revenue um all of the operating funds have hit the 25% benchmark except for golf. Um golf in a good year I don't think could hit the 25% benchmark in Ohio. Um and this has been far from a good year. So uh at least for golfers. Um maybe if you're a skier it was pretty good. But um so uh with that um we'll go into property taxes. Um obviously our largest source of revenue um and uh is a large re reason why a lot of our funds exceed

that 25% benchmark because we get half of that money uh in that first quarter of the year. Usually you get the second half of the money in the third quarter of the year. Um, right now we're at 54% of the budgeted amount, which is pretty standard. You're always going to collect more in the first half to account for those people who pay their entire tax bill uh in that first half in the first half payment rather than waiting for two separate payments. This is down 3% compared to last year's property tax revenue. Um, as you recall last year, we'd talked about how our property tax revenue was up so much over what it had been in 2024 for the first quarter. And it was related to a delinquent payment made by a public utility company, a large public utility company. So, when you compare it to last year, you're still having the effect of that uh delinquent payment that was distributed in 2025 that actually related to 2024 taxes. Um, overall, one of the things I know we usually like to say is that, well, property taxes increase between 1 and 2% per year. Um, if you look at an average over the last 5 years, that is not the case. It it's um slightly below 1%. Um, and this year, we actually saw our property values decrease. So we had a net decrease in our property value even though we see all this new construction going along around. Um the decrease is primarily the result of an exemption on uh buildings that uh don't qualif that they come on the tax roles but only the department of taxation can approve an exemption. So it's not really going to affect our bottom line. Um it's just that overall these values have decreased compared to the prior year. Um intergovernmental revenues are generally lagging behind uh the 25% benchmark and

that's because a large part of our intergovernmental revenue is the property tax roll backs we receive from the state where the state pays a portion of the tax bill on behalf of property owners. That money was received last week but of course that's second quarter and we usually get that second half also in the third quarter the same general time frame as we get the property tax second half. Um intergovernmental revenues also includes our local government funding um within our street operations or street uh funds, motor vehicle license and gas tax money um which these are all performing consistent with expectations. um within the expenditure side on a general statement we're uh as of March 31st we'd finished uh seven of the 27 pay periods which means we're at 26% of our payroll for that first quarter. Um contractual services tends to be very heavy in the first quarter of the year. um a lot of the organizations and things that we pay for including our liability uh and property insurance um those monies are due at the beginning of January. So contractual services always tend to be a little heavier in in that first quarter. Um capital outlay on the other hand is always lagging in the first quarter. Not a lot of people wanting to do outside work in January and February in Ohio. I guess um more specifically if we look at the general fund intergovernmental revenue is actually ahead of schedule. Um that is because we received $313,000 in January for the marijuana excise tax. Uh that represented the payments from August of 2024 through November of 2025. Um going forward we're probably going to see anywhere from 27 to 28,000 a month.

Um going forward based on the past numbers um police is the only fund that exceeded the 25% benchmark. Um this is in part due to their high concentration on payroll. Payroll makes up 76% of their total expenditures. That's higher than our other operating funds. Um so it's obviously their expenses are going to be more tied to that 26% of the pay periods having been done. also had a a payout for leave balances for a long-term employee which uh impacted that. Um, and like I said, not only did they have the MVMA insurance, uh, at the first part of the year, um, but they also have the public safety information sharing network or PSIS PSISN and the, uh, regional emergency response team support that was required for the first quarter. Uh, within streets, um, building and facility maintenance, uh, exceeded the 25% benchmark. Um this is primarily due to uh energy cost. Um obviously uh they were working a lot of weekends. I I I know we all saw all the snow coming on the weekends. Well, that's time that you're not usually keeping that building open and operational. Additional you had fuel costs go up and it's was an extremely cold winter. Um so that also drove up some of those costs. Um, snow and ice control are at 36% of their budgeted amount. Um, they have spent 56% of their overtime budget. Um, this is up 14% compared to last year. Um now one of the benefits is uh they have a state disaster relief program uh where we're hoping to uh submit to get

reimbursed for a portion of our overtime cost uh for um is it March or no it was uh January January uh 24th and 25th both uh Saturday and Sunday driving a lot of overtime. are hoping to that number should be in the $150,000 range is what we're kind of projecting. Um parks uh obviously their recreational programs are behind schedule right now, but they'll catch up rapidly as uh the summer approaches. Um golf uh was open 58 days in the first quarter of 2026. That compares to 74 days in the first quarter of 2025. Uh even with that greens fees are up $21,000. Um so while they had fewer days, they must have been really good days or a lot of avid golfers. So uh uh food and beverage sales are down. Um again kind of trends with not being open as often and um and uh they also were able to realize some personnel savings uh with fewer seasonal employees. Uh with regard to our investments, um interest rates for Star Ohio are down uh about 15% compared to last year. Um it's not nearly as dramatic as the change we saw from first quarter 25 or first quarter 24 to first quarter 25. Um but 75% of our investments are still in Star Ohio to give us that liquidity. Obviously it gives us more rate volatility though. So um we have three investments that are going to be maturing before we will know whether the uh ballot uh initiative to eliminate property taxes goes forward. We have ordered our investment advisor to purchase no securities in excess of

three years. Um just to make sure we have that liquidity that we would need um should property taxes be eliminated. Um, with that I am happy to take any questions. I just want to say that I think this was a great summary and a sobering conclusion when you talked about needing to talk to our financial adviserss about keeping our funds liquid is because of these property tax initiatives. So, I appreciate you looking after our city funds and um I hope that our community watches your presentation and and and understands it because it's it's very interesting and and really does speak to the immediate situation that we're faced. Thank you,

your honor. I thought he pointed out a good practical reason why this uh the need for the income tax property tax can't keep up. When you see other other rates cost of services might be four or 5% and here we can only come through maybe with a 1% increase a year there's a good practical reason for uh for needing needing a change. Correct. And that's that's at a time where we're still seeing growth as well. So you know eventually when you get build out what happens then

else thank you for the report financial report. Yeah that's what I was waiting for. I'm just thinking I'll I'll make the motion to accept. Second. I have a motion and a second to accept the first quarter financial report. All those in favor signify by saying I. I. opposed. And then uh the next item up is the cancellation of the May 11th regular council meeting. Move we approve that, your honor. Second. I have a motion and a second to cancel the May 11th C regular council meeting. All those in favor signify by saying I.

I. I. Opposed. Okay. Next up is citizen comments. uh want to speak to uh council on any subject uh please come to the microphone, state your name and address and you will have three minutes and you can have up to six minutes donated to you by someone else that can donate their time.

If you're going to donate it, come up and state your name and address the same thing and donate your time. Linda Dunle, 3040 Shakertown Road, Beaver Creek. And I concede my time to Gary Dunle.

Hi, my name is Gary Duncle. Um I am um here and I I appreciate the time of the mayor and the city council members. Um, I'm here as a taxpaying citizen of the city and a registered actor v active voter of this city as well. Uh, I have resided in Beaver Creek since 1983 or for 43 years and currently reside at 3040 Shakertown Road. Uh, I am here today as a member of the opposition group to the Shakertown Road Improvements, also known as project ID19964. Um this is quote a roadway and pedestrian improvement project along approximately 65 miles of Shakertown Road. Um construction is to begin in the spring of 20 or 2027 and to be completed uh by the fall of 2028. So you're talking about an 18month project that around 65 miles. Um, the proposed improvements include widening the existing two-lane roadway to three lanes and installing sidewalks along both sides of the roadway from Carthage Drive to Shakertown or excuse me to Southern Bell Boulevard. Um, the project will also include drainage upgrades such as curbs, gutters, and storm sewers. They say the purpose of this project is to improve travel for vehicles and pedestrians along the project corridor. The installation of a center two-lane left turn lane will remove left turning vehicles from the through lane sidewalks. Um sidewalks installation will provide a safer dedicated space for residents um connecting them to other similar facilities within the city. Uh the cost

of this project is just short of 3.9 million with 62% from federal funds and the balance or 38% from the city funds. Speaking on behalf of this opposition group, I am asking the city council uh to absolutely cancel this entire project as it benefits no one in this room and in this city. And I'll give you some reasons why. Specifically, the initial application to MVRPC, Miami Valley Regional Planning Commission, contained multiple inaccuracies, some of which were later fixed after our group brought them to the attention of your engineering department and some of which which have never been fixed. So, this whole premise of this thing is under a lot of false facts. Um, number two, the project will create gross dangerous safety issues during and after the project completion such as increased traffic volume, increased traffic speeds, decrease in distances from roadway to houses, and decrease in driving lengths or driveway lengths, excuse me. Number three, the project will result in significant property value decreases in the 10 to 15% range. So take this keep this in mind. So the there are 29 res or 29 residents in two churches two church properties affected on this 65 mile improvement so to speak and we estimate the property value loss to be in the 1.75 to$2 million loss. Um, just by the increased roadways and these needless sidewalks, you're costing the residents in your city again between $1.75 and $2 million in property loss of today's market value. Number four, uh this project will result in multiple nonmonetary losses to homeowners such as an increase in noise

traffic and in excuse me, noise noise pollution, uh an increase in light pollution, a loss of approximately 105 trees. So imagine this 65 mile corridor. They're taking down 105 trees to make that happen. 105 trees. um and obviously a loss of all the all the natural wildlife that depend on those trees uh to live it and to live to live for. Um number five, the project started as a as having two sidewalks. One was a 5-ft and one with an 8 foot. Now it is a five-ft sidewalk on the south side and a 10-ft sidewalk on the north side. You ever seen a 10-ft sidewalk? The city of Beaver Creek has 105 miles of sidewalks. There is less than 1/4th of one mile currently in the city of Beaver Creek that is a 10-ft sidewalk. And that is in in front of the post office over here. So why would you put a 10-ft sidewalk on Chedgertown Road? It's crazy. Um it's it's and additionally so so when we get this quote sidewalks in the city covers that sidewalk for one year 12 months after that it becomes a homeowner homeowner's responsibility to replace that sidewalk if it needs replaced and to maintain it and everything else. So, I have at 340 Shaker Town Road 300 ft of frontage that I'm going to have 10-ft sidewalks in front of. So, let's say I need to replace that. It's going to cost me as a homeowner at today's market value $24,000 to replace it. Um, furthermore, the entire 65 mile corridor is a replacement cost of $360,000.

If all of those sidewalks need to be replaced, you as city council are going to stick your residents of the Beaver City of Beaver Creek with $360,000 in cost in replacing that. And that goes on top of the $2 million we're losing in property values. Bottom line, this Shakertown Road project um ID number 11964 is wrong and it needs to be cancelled. It is poorly thought out thought out and planned by the engineering department of the city of Beaver Creek when AC inaccurate and incomplete facts. The project benefits no one. The project is of no value and we're asking you the city of council to just cancel this whole project. It's worthless. It's a waste of money.

Questions. We don't do it back and forth. This is your You should um It's not done at this this point. So, okay. Well, I sincerely uh hope you get my point. It has no value to anybody. Thanks for your time. Yes, sir. Thank you.

My name in New Dang. I would like to do uh 3170 Shaker Tower Road. I would like to donate my time to my neighbor, my next door neighbor. Thank you.

I'm Bill Keller, 3140 Shaker Town Road, and I donate my time to Feather. Okay. Hello, city council members. My name is Heather Harvey. I live at 3180 Shakertown Road. I'm here on behalf of a group of concerned citizens regarding the city's current road widening project on Shaker Town Road. I'm might be a little bit redundant to some things that Gary's already said, so I do apologize, but I did prepare some things. I would like to share with you our concerns and express our frustration with this project. The information regarding this project was not shared properly with the residents prior to the grant being obtained. The city briefly mentioned it in fine print or in one or two sentences during meetings in 2019, but only those in attendance or those that routinely read those documents even knew about it. Therefore, our concerns were not heard and we were given no opportunity to potentially stop this project altogether. This is contradictory to statements from the engineering department and published data from ODOT, both of which state that a quote, "No build plan must be considered and public input must be obtained." End quote. It wasn't until June of last year that a majority of these people that are here on behalf of this project were notified by individual letters. During the public involvement gathering in this very room, the city was met with extreme opposition of this project. It was at this time that they realized this project wasn't going to proceed as expected. According to city engineers, our complaints were given to MVRPC. However, because MVRPC had already awarded the grant money, they were not willing to allow the city to alter the project in any way, meaning our concerns did nothing. They could present them, but they could do nothing with them because they had to follow the plan according to the grant as it was applied for. So, even though we said we didn't

want the sidewalks and the city didn't ask us in the right sequence of events, MVRPC didn't care because they gave them the money. They gave you the money, whoever we wanted to say collectively here, to make two sidewalks. So when the engineers went to them and said, "Listen, our our residents don't want two sidewalks." NVRP said, "I don't care. We gave you money for two, so you have to put in two." Now, we were told that the city had already invested over $400,000 in the project and could quote not walk away. Perhaps if they would have sought public involvement prior to applying for this grant, this could have been avoided. I'd like to share that I've personally spent hours on the phone with ODOT and MVRPC. This was necessary to pin down specifics regarding the project and to get to the bottom of what was really going on. Our group has had multiple meetings with city engineers and they blame the blame is always placed on those two groups, not internally. For the record, ODOT has made it clear that the city of Beaver Creek is the hardest to work with and doesn't seem to fully understand changes in their requirements. I say that because I'm not sure if that's something that you guys have ever heard, but every time I speak with them, they make that abundantly clear. When the application was submitted for this grant, it stated that two sidewalks would would be put in place, one 5- foot and the other 8 foot. It also stated that they would be used by both pedestrians and bicyclists. The box for complete streets was checked. ODOT states that they went round and round with city engineers on sidewalks versus shared use paths. And ultimately what they said was they got tired of having to go round and round with them and they just basically said, "We're not going to talk about this anymore." They encourage the engineers to familiarize themselves with the updated policies prior to submitting any future grant applications. Also, I'd like to bring to your attention that Beaver Creek is no longer part of District 8 with ODOT. We are now District 7. They're going to see this project through, but future projects will be with a different group. I'm bringing this up because I've been told that

extensive discussions have transpired with the new group to warn them about the lack of understanding this city has when it comes to sidewalks. It is evident from the conversations that I that I have had with um them ODOT that this city has a bad reputation with their group. I mean, the lady specifically told me like, I'm giving my colleagues in district 7 a talking to and they will be ma made well aware of all of the hocus pocus that goes on when it comes to sidewalks in the city of Beaver Creek. I have confirmed that when this project was initially presented to you, all of you were given very few details. I'd like to remind you that traffic numbers have decreased on this road. There have been no accidents to support its necessity and the there is nowhere within a reasonable distance to walk. So sidewalks are completely unnecessary. We are also directly on the bike path. So we don't need an alternate route. If I plug in the closest reasonable place for my home at 3180, it's the shooting range. And I'd like you to know that maps whether I type in that I'm walking or taking a bicycle don't take me down Shaker Town. Not for lack of sidewalks, but they take me dur on the current bike path, which is down JL across the bridge through the neighborhood on the actual bike path. So, you're creating a route that's not necessary. That being said, I'm curious if you would have been made aware that ODOT and MVRPC are now requiring a 5-ft sidewalk and a 10-ft shared use path. This is different from what was presented to you. Would you have still given your approval for this project knowing that a 10-ft shared use path was going to be placed in a residential area doesn't even

There are no other residential areas within this city with a 10- foot path. No residential areas anywhere that they are. They're commercial properties. And also FYI, ODOT is telling me now that any future plans, any road projects, the requirement is now actually 11 ft. This is outrageous. We may be the first group of angry residents, but we certainly won't be the last. of these 11oot shared use paths are going to be popping up all over the place. I would like to formally request that the city re-evaluate the ordinance regarding property owners being responsible for sidewalks. According to ODOT, anything bigger than 5T cannot be called a sidewalk. So, if the ordinance reads that property owners are responsible for a sidewalk, but what we really have is called a shared use path, then that isn't covered by the ordinance. I've been told that that ordinance is also up for renewal and needs edited according to engineers. Asking us to be responsible for something as wide as a regular road lane is absurd. I feel that the city should be responsible for all paths larger than 5T. I've already discussed this with the engineers and they seem to be in agreement. What are the next steps for updating that ordinance and how can we ensure that that this is put into place prior to our project be uh moving forward? For the record within NVRPC's complete streets documentation, there is a list of exceptions that can be used when applying for grants. You don't have to check the complete street box. Doing so may then, of course, mean that your application gets denied, but also that means that there's potential for further discussions to be had. Number three on that list of exceptions state that if the number of pedestrians or bicyclists far outweighs the cost of putting in the sidewalk or path, then that should be taken into consideration. There will be little to no no use on our path. Absolutely none. How can anybody justify putting putting it in even farther down on Shaker Town by the nursing home? I only occasionally see someone on that path. Seems to me like we're all in a hurry to put something into place because we think people will

use it when in reality they are hardly ever used. Is one person a day satisfactory? Like what is the magic number to justify that? Okay, 10 a week means wow, we're really getting our money's worth. Bottom line is a lot has changed with the road widening projects and you aren't ever going to just get by with a small 5- foot sidewalk anymore. Those days are gone. What I'm begging all of you to do is really think about the necessity of these projects versus the devastating impact to all of the residents. The only way around the new requirements from ODOT and MVRPC would be to just not use a grant, use city funding. Then you could put a small sidewalk in that's not as a inconvenience or ridiculous. I mean this can I don't Can you see this? It's wider than your thing here. We are all going to have something wider than this in our front yards. Can you I mean I That's ridiculous. That's crazy. That's all I have. Thank you very much. Anyone else? All right. Seeing none, I will close the citizen comment portion. Thank you for your input. I appreciate it. And we'll go to council time. Councilman Der.

Thank you, Mayor. um had the opportunity to uh maybe a little late but to get to the pizza dive uh ribbon cutting uh second location. Want to send my congratulations to them. Uh also want to thank um police and uh neighboring jurisdictions uh given the threat to Fairfield Commons Mall. Uh very quick action and so chief uh thank you to your uh force and uh I'll leave it there. Mayor, thanks. Councilman Curran,

I don't have anything particular, your honor. Councilman Bales.

Uh first I want to thank uh the citizens who came out and spoke tonight. You've raised some uh good points, some for us to consider for sure in either in this present project or certainly future ones. Um, one of the questions I would like to just ask the city manager for followup on perhaps is some clarity because on uh the side path replacement responsibility um because I think I understand sidewalks and so forth residents responsibility. In fact, we had long discussions about that when we were talking about our sidewalk projects. Uh, but side path, bikeways, whatever you want to call them, the the larger ones. Um, I would um I would like just some clarity on that. If you could follow up with me, I'd appreciate it. Um, and then the last thing, I had the pleasure of attending the violence future spring fleeing event couple Fridays ago. It was a very well attended event. Um and the agency was able to raise over $100,000 to support um domestic violence awareness and support for uh Green County. And so I thought it was very wonderful and um honored to be a part of that group. So that's all I have. Mayor,

thank you very much. Councilwoman Bills.

Thank you, Mayor. Um, I was able to attend the Tree City uh USA lunchon in a forest park uh celebrating us as a tree city. Um, I do appreciate the concerns expressed about the loss of trees um and habitat in our city and I think it's an important issue and I I share that with you. Um, I also was able to attend uh Arbor Day at Southern Ohio Brewing where we gave out saplings to residents and celebrated Arbor Day. Uh, we also were able to celebrate Arbor Day with Valley Elementary students uh and do a tree planting over at the school. And that is always kind of a I think one of the funnest things we do as city council members with the kids. But that's it. Thank you,

Vice Mayor Upton. Thank you, Mayor Adams. Um, just wanted to follow up um on an event that I mentioned a couple weeks ago. Uh, the Green County Township Association hosted a u property tax elimination um I guess I'll call session uh that many of us attended. I thought it was very well um presented. Uh and they're going to be putting some of the information from Representative Lamp Lamp and Representative Thomas um out there on online uh from Representative Thomas' um office and I would encourage everyone to check that out. Additionally, I'd like to take our residents on a little trip around the world uh right here in Beaver Creek and Green County. Uh this weekend is a big international uh event. Um two different international events. Beer Creek High School uh is hosting an international fair at the uh Commons 5:30 to 8 on Thursday. Uh representatives from many different countries will be there uh with music and I saw some snacks and um other information about the different countries. So if you'd like to check that out, uh I encourage you all to do that. It is a free event. And then Friday, Saturday, Sunday at the Green County Fairgrounds, the Dayton International Festival uh incorporation is hosting their a world affair. Uh this is the 50th year that they've hosted this festival. Uh it was at the Dayton Convention Center for about 45 years and has recently come out uh to the Green County Fairgrounds. Uh there's over 30 countries that'll be representative uh represented there. Uh I will be there representing the Netherlands. So if anyone would like a Heineken, come by. We also ser serve delicious uh Dutch apple flapping. Um and this year we'll have Dutch lemonade for the kids. Uh so stop by. But uh that's all weekend at the Green County Fairgrounds. Um you

know there's dancing, there's a naturalization ceremony. Um so we'll see some uh immigrants come uh to the fairgrounds to be uh naturalized and you know join our our broader community. Uh but uh check it all out. It'll be fun. That's all.

I will say if you want one of those OPA floppins, be prepared to stand in line because it takes a long time to get one. Uh I'm I've got a lot of things. I got about 15 things here that I've done over the past two weeks, but I'm not going to go through them all. You can uh see them in the minutes. And I don't want to take your time up to go through what just stating what I've done. So with that, I'll turn it over to city manager. Okay, I was quick on you are quicker, I guess. I wasn't expecting so fast. Let me see here. Okay. All right. Uh tonight, uh congratulations. Uh as you guys can uh heard from many of the discussions tonight, the finance department earns a award for once again for the 30th consecutive year for the excellence in financial reporting from the GFOA association. So congratulations. A certificate of achievement is the highest in recognition of governmental accounting and financial reporting. Uh it's just a significant accomplishment and uh congratulations to our finance staff. Uh Kemp Road open house uh Tuesday May 12th 5 to 7 Tobias Zimmer Zimmerman uh Zimmer Barn at Wardinger Park. Uh I think this is a good thing to get it not necessarily just have them all at uh that's closer by. So I have all have all of these type of open houses at uh city hall at council chamber. So get out and about. So the barn is right there. So we'll be out there in partnership with Ohio Department of Transportation for improvements on Kemp Road between North

Fairfield Road and Hannes Road. Open house will be held to provide information about the project, discuss answers, answer questions, gather feedback. The Tom Bert Memorial Golf uh scramble is coming up May 22nd, 8:00 a.m. to 4 pm at Beaver Creek Golf Club. Sponsored by City of Beaver Creek in partnership also with Fairborne Parks and Recreation Department. And please register online at beaver creek.gov uh/golfscramble. A Memorial Day ceremony. Uh since we canceled May 11th, uh just thought we better put this up. uh at the Veterans Memorial be May 25th, Monday, May 25th from 2:00 to 3:00 p.m. at Veterans Memorial Park there on North Fairfield Road to com commemorate and honor men and women who lost their life uh while serving. Limited bleacher seating available. Uh guests are encouraged to bring a lawn chair. Uh you bring a blanket, too, if you'd like to lay down on it or sit down on it. Uh offices are closed up for the Memorial Day uh on the 25th. Again, we're not here on the 11th, so I thought we'd get this public announcement. Again, all as always, non-emergencies, please contact the police department. Uh due to the holiday though, that being a Monday, and that normally being a regular council meeting, we will not have it that day, but the following next day, Tuesday, May 26th, will be our rec uh our city council's next regular scheduled council meeting. We still will have a work session, but those are not aired. And that's all I have tonight.

Thank you very much. Uh I do want to thank you again for coming tonight and uh expressing your concerns. We we will take a look at some of those things you brought up that I had heard about before. So we will look at those. So Mr. Curran move to adjurnn. Your honor second. I have a motion and a second to adjurnn. All those in favor signify by saying I. I. You are adjourned. Hand up to Yes, I did. I did.