City Council - Regular Meeting

Good evening and welcome to this Beaver Creek City Council meeting for scheduled here for tonight, February 9th. Could I have a roll call, please? Council member Kern here. Council member Derer here. Council member Bills here. Council member Literal here. Council member Baos here. Vice Mayor Upton here. Mayor Adams here. I'll now turn it over to Vice Mayor Upton. Thank you. I'd like to invite everyone to stand uh for the pledge with me, please. And a moment of silence.

I alian 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. As we gather in the chamber tonight, let us pause for a moment of quiet reflection or prayer to acknowledge the importance of the work before us. We recognize that we are here as stewards of the city and its people. We ask for clarity of vision and steadfast of heart as we navigate the challenges and opportunities facing our neighborhoods. During this session, let us strive for civic wisdom, patience, and empathy, and collaborative spirit. We're mindful of the trust placed in us by our neighbors. May our deliberations tonight be marked by civility and conclusions by justice. Let us move forward with a shared commitment to making this city a place of safety, opportunity, and belonging for all. Thank you.

Thank you. We have an agenda before us. Any uh corrections, amendments? Mayor, I'd like to move to amend the agenda to add uh decision item letter D. I'd like to decide the MVRPC primary and alternate designations. Second. I have a motion and a second to amend the agenda by adding the MVRPC appointment. All those in favor signify by saying I. I opposed. I move to approve the agenda as amended. Second. Have a motion and a second to approve the agenda as amended. Uh all those in favor signify by saying I. I. I. Opposed.

We have a couple sets of minutes before us. January 20th work session. Any changes, corrections? Move to approve the January 20th, 2026 work session minutes. Second. I have a motion and a second to approve the Jan January 20th 26 work session minutes. All those in favor signify by saying I. I. I. opposed. And then we have uh the January 26th regular meeting mission minutes. Excuse me. Any changes? Corrections. Move to approve. Second.

Have a motion and a second to approve the January 26th, 2026 regular meeting minutes. All those in favor signify by saying I. I. Abstensions. Okay. What it says here? Yes. couldn't figure out what I did.

All right. Uh, first up is appeal A26-1. This has been postponed from 11226. Resolution number 26-3, a resolution to reverse, modify, or affirm the decision of the planning commission denying the conditional use application of Birch Hill PC25-9. Do we have an applicant here?

Thank you, Mr. Mayor. My name is David Montgomery with Picker Schaffefer and Evelyn 2700 Stratacash Tower, Dayton, Ohio 45423. I'm here tonight on behalf of the applicant Beaver Creek Landing LLC. Um I do I don't know if you received a copy of it. I had sent some correspondence uh to Mr. Burquette prior to the meeting. I think before your agendas went out. I'm not sure if it made it in or not. I would like to submit a letter uh from Mr. Patel uh who was the applicant uh for your consideration and the record. Um as uh was indicated in the staff report uh and as this council is likely aware uh the applicant was not able to be at the planning commission meeting where this underlined case was heard. Uh because of that and because of the recommendation in the staff report, there was a uh recommendation or a decision of denial that came out of planning commission. And what we are asking for this evening is for this council to remand the matter back to planning commission. I have spoken with the city law director uh in advance of tonight and that is one of the options that you have before you although it wasn't necessarily read uh with the introduction of the case. Uh but with that uh the applicant would like the opportunity to present testimony and uh we're limited in doing that because today's appeal is simply an appeal based upon the record and my understanding is in speaking with the city law director that we're not allowed to introduce any new evidence or testimony and since we didn't have the opportunity or I should say as we were not able to do that at the planning commission meeting um we're very limited in what we can present to you tonight. Uh so it's a little bit of a hat-and-hand situation. Um I as indicated in Mr. Patel's letter uh by no means uh is he disregarding the efforts

of staff, planning commission or this body uh or the public in general. Uh unfortunately it was a either a clerical error or something that occurred on his end uh where he did not have notice of the meeting and as such neither he nor his local representatives of the management company that manages the property could make it to planning commission. I was only recently engaged in this matter. Uh and so again, we're asking uh council's consideration to remand this back to planning commission so the applicant would be afforded the opportunity to provide some testimony uh and council could have a full packet of information in front of them, meaning both planning staff side and the property owner side uh in which to make its determination. I I think I'm limited in being able to present anything else. So, uh that's all I can ask.

All right. Thank you very much. Thank you. We may have some questions for you. Sure. But staff.

Yes. Good evening, mayor, members of the city council. Um just wanted to kind of go through the history of the case um and and where led us up to today just so council's aware of everything that's going on. Again, this is an appeal of the December 3rd planning commission um decision to deny the the applicant's conditional use application. Um in midocctober uh staff sent a letter to the applicant to the owner of the property notifying them that um you know from our under from our uh we accompanied the fire department on an inspection that they did and uh determined they were operating a extended stay hotel which is a conditional use not a use by right within their their zoning district. um and told them that either they need to cease operation or um file a conditional use approval with planning commission. So they applied on November 7th for the December 3rd planning commission. Um and as staff was researching further into the cases from 2001 and 2004, which were the original approvals of the hotel, it was it became unclear whether or not they got approval of a conditional use or not. Um the plans showed the the hotel to be to have the facilities of an extended stay. The resolution mentioned just a motel which is neither of what we were looking at. So it just became unclear and enforcing that um became challenging. However, we did um also recognize during that in that um research period that they are operating an apartment hotel which is likewise a conditional use within their zoning district. So, we sent them a second letter on November 14th. This was after

they had applied for the conditional use approval for the the extended stay hotel stating that um while we acknowledged that it uh undetermined whether they could operate a extended use extended stay hotel, it is there was nowhere in any of the the discussions of planning commission back in 2001 or 2004 that they could operate an apartment hotel which they also needed a conditional use for. So the applicant notified the city that day that they wanted to switch the application uh from an extended stay to an apartment hotel which is it's the same process. So we just changed the verbiage and then had the planning commission meeting at the December 3rd meeting at this on the December 3rd date. staff uh presented what I will present to you here in a few moments. Um to planning commission and planning commission ultimately denied the conditional use application. Um, and so subsequent to that, the owner filed an appeal to this board, to the plan, to city council, um, which was supposed to be held on January 12th, a few days before the meeting, asked for a continuation in order to seek legal advice until the until this evening's meeting. So, that's how we ended up here today. Uh, presentation I gave the planning commission on December 3rd. Uh again, they were looking to get a conditional use approval. Uh the property is located up in northern Beaver Creek on the north side of 675 between 675 and uh Colonel Gun Highway. This is kind of a closer look at that aerial photo. You can see the the site encompasses more than 75% closer to 85% of the site is impervious surface that includes building and parking lot. Um,

and this is again is another, this was a site plan that was included in the 2001 and 2004 approvals. So, what they have on site is a three-story 102 room hotel um with 106 off- streetet street parking spaces, which meets the minimum for hotels, which is one for every room and then one for every 20 rooms for the the employees on staff. And again 82% of the site is impervious surface. Um the zoning is B3 which is a which apartment hotels and extended say hotels are conditional use not used by right within these zoning districts. Uh to the north they have a B uh two district to the south they have a few B3s but then also 675 and then to the west is a high-tech office and warehousing. Um, as I stated earlier in 2001, they they went to a conditional use approval that uh based on market conditions never got approved, expired. So, they went back in 2004 and got approval again. Um, but the language in the resolution said motel, not extended stay and not hotel. And this this slide I went over the action uh that I explained earlier that we took through um with code enforcement in the extended stay versus the apartment hotel. Uh explain to planning commission what the standards for approving a conditional use. Um that it's allowed to be in that zoning district. um that it won't have substantial material detrimental effect around to the surrounding properties or substantially negatively impact or substantially conflict with the surrounding properties and then uh current vehicular traffic um won't be severely um denigrated due to the the conditional use. Um and the one

that we focused on at planning commission was the substantial material detrimental effect on surrounding properties. Um we looked at uh crime rates of the hotel versus other hotels uh and compared it with all the hotels in the city um and showed that between January of 22 and July of 25 almost half of all police um dispatch responses to hotels almost half of them were all concentrated on the one hotel. Um the table says 2022. Okay, there was a mistake I had in in the slide then. So um and the dispatch call rate is over six and a half times the average of all the hotels combined. So um basically pointing out that the the crime rate at Birch Hill was much higher than what we see at their peer hotels throughout the city. Um and again on the um another way to look at it was on the dispatch calls per year you can see Birch Hill had between 100 and 180 depending on the year and the others maxed out in the in the 20s and 30s. One had 40. So again they were much much higher than their peer hotels. also looked at serious crimes and between January of 23 and July of 25 um 147 were classified as severe and went through the classifications what is severe um and of the 147 of the severe calls 84 of them were at Birch Hill opposed to about 60 were all the other hotels combined. So, it wasn't just property, it wasn't just crimes, but it was the severe crimes were concentrated at that

hotel. The other thing we looked at was they were requesting to go to an apartment hotel um which has different parking uh requirements and um if you throw in the the calculation for what apartment require apartment hotels are required to have, they're short on site right now 47 parking spaces. And given that they are over what we allow in typical developments for impervious service which we cap at 75, they have even more than that. There's just not room for them to expand and build 47 more parking spaces on site um to get that uh apartment hotel. So staff's recommendation to planning commission was that this there would be a substantial detrimental effect u because of the higher crime rate and that would uh no reason to think that that wouldn't continue with the department hotel um that they can't meet the parking codes. There was no way for them to expand and still meet the parking code. So staff recommended approval of planning commission and then gave them if they had explained to them that they could approve, deny or approve with conditions. And I also included a resolution that had conditions about giving people who were there permanently who have been there for more than 180 days uh a chance to vacate the hotel not within a week or two but we were going to give them till mid end of this end of last month to move had planning commission approved the or denied the um request and it didn't get appealed. So again um planning commission deliberated amongst all the the information that staff had presented to them and um planning commissioner Mr. Fountain moved that uh PC the plan

commission deny the request for that did not meet the 157 158 171 C4B which is that it will not have the detrimental effect. Um also based on not having adequate parking spaces exceeding the per impervious surface coverage and the disport disproportionate police activity on that site um was and that motion was seconded by um vice chairman council person or commissioner Meyer and they passed that resolution four to zero. So then we get to hear tonight the applicant again is appealing uh planning commission's decision uh and and Mr. Mr. Lounberry will further explain some of the rules and requirements of these appeals, but um that the applicant give 15 minutes can introduce new testimony or new evidence. Um and city council can either approve or overturn planning commission, affirm planning commission or remand it back to planning commission for a second um a second hearing at the planning commission. So, those are the three options you have before you this evening. Um, again, staff recommended disapproval at planning commission and planning commission voted to disapprove at their December 3rd meeting. So, I'll be glad to answer any questions following the public hearing of this case. Thanks.

Thank you very much. And mayor, I just wanted to just dubtail and expand on what Randy said. Um, as you mentioned that the code doesn't allow you to submit new evidence. You get to make new arguments here. Public input is still allowed here. Your decision has to be made based upon the evidence that was in the record before the planning commission. The options are to affirm, reverse or modify or there can be a remand back to the planning commission for further proceedings which is what the applicant has requested in this particular case. Um the if you are going to do a decision that's to affirm, reverse or modify. Once again, the planning commission was sitting as a quasi judicial body sort of as the judge and the jury. You guys in this case are sitting as an appellet court with just looking at what they looked at. Affirm, deny, rever, uh modify, or remand. Those are your your options. So there are technically four, not three. Well, for the resolution, there's three, but then the other one would be a motion. Correct.

Okay. So, yes. Correct.

All right. This is a public hearing, so if anyone would like to come forward and speak to it, please come to the podium and state your name and address, and you will have uh three minutes. I don't see anybody jumping up to come running up here. So, with that, I'll Okay. Hello, my name is Nick Martin. Address is 3695 Acadia Lane. I am the area manager that oversees this property. So, again, going into the new evidence. I don't know how much I can speak to because I was not uh provided the information in time from ownership to be here during the initial hearing. So, uh, you know, I do have inputs and thoughts as to how some of the data is was provided back then. Um, can certainly be skewed, especially when we talk about the number of calls compared to the other properties. There's nothing in there that talks about the number of room nights in comparison. So, extended stay hotels typically have a much larger number of room nights per month compared to some of the transient properties that we're being compared to. So just by those figures alone, we're going to have more action of everything, whether it be, you know, police calls, ambulance or, you know, uh, fire coming out or just guest coming in through our threshold every day. So there's there's a lot more information that I think needs to be provided that unfortunately I was not able to assist with at the last meeting.

Thank you. Thank you very much. Anyone else? Okay, seeing none, I will close the public portion of this and I'll turn over to council. Uh, Councilman Dart.

Thank you, Mayor. Um, Mr. Bquette, what's the timeline with remanding? Uh, would it be early March? It should be available at the next planning commission. Early March, I would imagine we'd have to advertise. We might be able to get it to the March meeting. It could be April. It could be April, but yeah, we should have time to get it on the March meeting if But yeah, obviously

in response to Mr. Martin's uh comments, can you address uh the number of serious offenses? I believe it was in the presentation, but uh to provide more detail in terms of uh child endangering, dead body, um I didn't include I didn't include that level of detail for planning commission. Um, and then I would have it, but I did not include that with planning. I just gave the the general overview.

Yeah. No, it's that was partly the question. So, okay. Um, that's it for now. Mayor, I may come back to something. Thanks, Councilman. Current was there at any time the owner of this property, why are you at this type of situation? uh the number of uh crimes and so forth taking place to your knowledge. I mean I I'm I'm I know the police were um proactively on that site throughout the police contact the owner and say do you know what's going on at your property?

They were proactive in patrolling the site and and making their presence more What about the the owner? Was he proactive in getting over there and taking a look at things when he heard about this? Not to my knowledge, but I I I could defer that to uh the chief, but I know we didn't contact him directly. I understand. Thank you.

Thank you, honor. Councilman Bills, I don't have anything at this time. Thanks,

Councilman L. I don't really have anything questioned wise. I'd just like to make a statement. And this is not a as much as we're hearing people say we didn't know, we're unaware um surprised by this. I know that letters have gone out. Communications have been made with the owners, the the facility. Law enforcement's been out there plenty. This isn't a new problem. This isn't something that just popped up last month. Um, and that's really all I want to say. It sounds like we're going to push this forward again for some reason. Um, and I think this is a problem that needs to be dealt with like quickly. Thank you, Mayor Council.

Thank you. I agree, Councilman. Um, communication obviously happened. they filed an appeal so they knew uh what the planning commission's vote was. Um but after some informal conversations with our legal counsel um I believe we're probably going to have to do it all over again. That's all I have to say. Voice may

Thank you. Um you raised a question for me, Mr. fails. Um, only because I feel like tonight we're here to decide if if our planning commission acted appropriately in their decision- making. Is that right? Right. And based off of what I saw in the video and the information presented at that um and the staff recommendation, I feel like they did act appropriately. Right. Uh, unfortunately, the applicant wasn't present to state their case. So, we went off of the information that was presented or excuse me, commission was um made their decision based off the information presented by staff. Um, and so I don't I don't know why we would would send this back. I would think that we would affirm that they acted appropriately and move forward from there. Am I incorrect in that, Mr. Williamsburg?

If you're going to make a decision on the merits, that would be whether they acted appropriately or not. The code also allows for remand and I think the argument here is they were not noticed and that's why they're making that request which would be within your discretion but we have record that notification was sent out. Yes.

I mean we we treat each individual business or resident the same with notifications. We don't specify that one person gets more notification because one reason or another. Unless there was a a mishap um in that communication, I don't know why we would send this back. If that's the grounds for why there uh for the appeal and you I think this is probably a question for Randy whether they ever got the receipt that the notice was received because it was sent via certified mail.

Okay. We did get the receipt back from uh the US Post Office. Typically, there's a signature when it's received by the individual. This was unsigned. Um that's what I got back. I know that there were neighbors that the post office can confirm it was delivered. We can't confirm that someone took it out of the box. Correct. Okay. So, was I believe I saw it somewhere. It was mailed November the 18th. Is that correct? It was the the appropriate time before the December 3rd meeting or we have Yeah, I can't find it in the packet now, but I recall that date.

Yeah, I mean it I think your packet may have a copy of that um delivery receipt. So, we sent it

and and just for clarification, I don't think you have to open the package to sign for the receipt. When they hand it to you, they're supposed to have someone sign off on the receipt whether they open the letter or not. In this case, doesn't sound like they anyone ever signed the receipt. Did want to point out we aren't required to send required to send it by first class mail. We send it by certified mail. So, had we sent it by first class mail, we wouldn't have known of that glitch. But obviously we do know now that the since that no one signed for this. So we're not sure who actually accepted that letter. Somebody at the property received it though. Presumably. Yes.

Can you explain the uh legal recourse that the applicant has? Should we affirm the planning commission's decision? There is no prohibition uh that I could find in the zoning code uh that would prohibit them from immediately refiling and requesting a conditional use application for the property and then it would be before the planning commission again. Can that perpetuate itself? I mean can can they do that again and again?

So they could do that perpetually. There's nothing in the zoning code that pre prevents that. I think the distinction here is they would get a chance to present their evidence this time around which they didn't do the last time. Once if they presented their evidence, whatever that decision is from planning commission, I think they're going to know whenever they go back the decision if they keep refiling that the decision will be the same. I think they have at least a hope that they have a different decision if they're able to present evidence. But I think it would be kicking a dead horse. Once you've presented evidence, you've got whatever decision it is to then keep wait filing more and more applications. So practically, I don't think that would happen legally. Currently, they would be allowed to continue to do that

in all the meanwhile operate as normal. I think what I don't think so that once it's been heard and gone and say the same result like say it gets denied and it come gets appealed to you you affirm that decision and then keep filing and filing. I don't think that that would prohibit us from enforcing the the zoning.

I do have a question for the applicant. So the um Mr. Patel is stated in this letter that for reasons uh unknown to me he did not receive the notice. Is he claiming he did not receive the letter at all or in time or what what has he what has he conveyed to you? And in my conversations with him, obviously there's attorney client privilege, but I mean from from a practicality standpoint, he was unaware of the hearing. He knows that he filed an application and uh as you've heard from Mr. Martin, there is local management here in the area and if Mr. Patel himself could not attend the hearing had he known about it, then he would have sent representatives on his behalf. In this given instance, neither Mr. Patel nor the local management company had representatives here at the hearing.

Okay. Thank you. Y else just one more thing. So what what we're looking at here is if we have a certain a situation where we are able to send this back to planning and they can get it on by March, it would be a much quicker resolution than if they turned around and just refiled the whole thing all over again. Am I right in assuming that? I think if they immediately refiled for timing purposes, it probably both under either circumstance could end up back in before planning commission. Well, the application deadline for the March meeting has already passed. That was last Thursday. Okay. So, that would Yeah, then it would be April then.

That would be for new applications. I'd have to look see if we have any history. In my 20 years, I don't remember ever getting having something be remanded back to planning commission. So, I think that would be new territory for us. So c can you tell me what the the implications of us affirming their com the planning commission's decision? Do they have a certain number of days to comply? Yeah, we usually give 30 days or so to comply. I mean, this is a little particular situation because people, some people have been living there for years and to expect them to be able to move out in a short period would be um challenging for them and for us. And so we a month, month and a half, but we would start that process right away. So presumably if we affirm uh then they're noticed and they were given them 30 days 45 days they could reapply but if the timing doesn't work out before they go to back to plan commission they should be in compliance they've already missed the March meeting

for a new case they they had missed the March Yeah, if we if you remanded it, you could remand it to the March the next planning commission meeting so long as we meet all of the requirements for advertising.

Yeah, but my my question was if we affirm and then they reapply but then they're not looking till the April meeting. our our affirmation and so forth would go into effect presumably earlier than 60 days and then there's violations perhaps unless they comply. Does that make sense? So just to clarify what you're saying is if we rem like it's in current like can we enforce current if we do one and we can't currently enforce if we do the other is that kind of what you're asking like if we start a new case as opposed to remand right which one can we do enforcement with

well I'm I'm thinking I'm thinking that if we affirm their decision then uh just by virtue of timing the calendar there's there's going to be an in potential enforcement if they don't comply before the planning commission has heard that assuming they even refiled the case. I mean they may or may not. That's not up to us to decide. I don't think we can make a decision based off of an assumption.

Right. Right. If we remand it though, we're allowing status quo to continue for at least another month or longer if we can't get the notices out. That's what I'm hearing is we got to put notices out for a new public hearing and if we can't hit the deadline for March, it goes to April naturally. But you said we could uh put on the March meetings. We rem You can so long as we meet those Debbie, do you would you have enough time to to get it advertised and noticed?

Yeah. So we could end up on the March meeting and I don't know what the city if that's a question probably for Randy as to enforcing the zoning and whether they would give them additional time if this was an April versus March. That would that would be something I have to work with the the zoning and code enforcement supervisor. It's historically we've put a stay on enforcement while they're as a case. This is a unique situation though because of a case and then a a second case. I mean you could we'll have to look at that on a I guess I want I want to say case by case basis but this is a unique situation. So, I'm going to have to discuss that with the civilian and code enforcement supervisor because

perhaps I a potential solution. Um, look, I'll say it. I I believe we should affirm this um case as it is, but perhaps we add a condition that we give 75 days or 90 days um for the uh applicant to conform. That way if they do decide to file, you know, in the next week or so, April's still on the the timeline or on the on the table for discussion, and that doesn't put anyone in hardship, right? Because I'm concerned about people that have lived there a long time. I don't want to put anyone in hardship. Um, but if we can do a 75 or 90day window, I don't know if we can add add a condition to

I it's approved by resolution either way. So you can add conditions to resolution.

Yeah. So they would appeal it again. Appeal the commission's decision at that point. They went back to us and back.

It's interesting. It's fun, isn't it? is not the right word. All right. The the resolution before us allows us three different opportunities. We can we can approve to reverse, modify, or affirm, or we can make a motion to remand. Is that correct? That is absolutely correct. So, I guess I'm looking for something from council. Mr. Mr. Mayor, I'd like to make a motion that we approve resolution 26-03 to affirm planning commission's decision. Second.

All right. I have a motion and a second on the floor to approve resolution 26-03 to affirm planning commission's decision. All those in favor signify by saying I. I. I.

Opposed. PD25-3 PD25-3 specific site plan number one an application filed by Josh Long 20 250 Civic Center Drive Sweet 500 Columbus Ohio 45432. The applicant requests specific site plan approval to allow for the construction of a 7 90 square foot beverage business with associated drive-thru on point 0.64 acres. The property is located at 3919 Colonel Glenn Highway, further described as book one, page 9, parcel 44 on the Green County Property Tax Atlas.

We have the applicant here. Yes. Good evening. My name is Jonathan Wker. I'm a planner with McBride Del Clarion. Oh, sorry, Mr. Mayor. That's my fault. I move to untable PUB25-3 specific site plan number one 7 brew. I have a motion in a a second to untud 25-3. All those in favor signify by saying I. I. Opposed. Sorry about that. Now we can move forward.

Thank you. Once again it's Jonathan Wker. I'm a planner with McBride Clarion representing the applicant here. Um, as you may recall, we made a presentation requesting specific site plan in October and continued that case and um, we're back to ask you to make a decision on that. Um, if you'll bear with me, I'd like to just refresh some of the facts and and bring you up to speed on on the project. Um, so this is a request for a specific site plan for Seven Brew. Uh, this is located at 3919 Colonel Glenn Highway. It's on the south side of Colonel Glenn Highway and on the north side of Germany Lane as you'll see in a minute. You know, this is a triangular shaped lot. Um the zoning is CPU. Uh that case was approved in August of 2025. It's currently a vehicle sales lot, a small lot. It's 0.64 acres. And as I mentioned before, the proposed use is for a seven brew coffee drive-thru. uh Casto commercial sites acquisitions is the developer. Uh this is a plan that shows the uh existing property. As you can see, it's a triangular shaped property. Uh Germany Lane is on the south side, the bottom of the slide and Colonel Glenn Highway is at the top. And you can see that uh there's a used car lot currently used for the property. Now, and this is the survey. Our plan would be to demolish the existing building and to build uh the new seven brew uh at the site. This is our proposed plan. Uh there is no access proposed to Colonel Glenn Highway. Um this is a one-way circulation pattern. So customers would enter at the south side, which is on the right side of the slide, and they would uh navigate the site counterclockwise and then exit at the north side. So

there are two driveways, but it's an an in and an out driveway. Uh we do have a dumpster enclosure. Uh we have 12 parking spaces. Um this site will have 21 vehicle stacking spaces, uh two drive-thru lanes. Uh there's a canopy on the north side of the building where customers can pick up their beverages. As you may recall, there's there's really two options for ordering. Uh you can order at the pickup window depending on customer access or they have employees that will come to your vehicle with a touchpad and take your your order. And typically by the time you get to pickup window, then your um order is ready. Uh so there's no inside service at this location um for this and and this project does exceed the stacking requirements for the zoning code. Um so here's a a summary of where we were. Uh we believe the plan is consistent with the concept plan that was approved in August. We think this is a complimentary use to this area. Uh to the east is a valveline instant oil that was also approved by the city recently. Uh we've worked with the planning and engineering staff on site design and access. Um they've recommended approval. Planning commission has recommended approval with 19 conditions. Um we are asking for city council's approval of the specific site plan. Uh we are asking a modification to eight condition 18. This is slightly different than what we asked for in October. Uh at this point we are only asking to remove the last uh portion that's shown as striketh through which would be to remove including the suspension revocation of their certificate of use of compliance. As we indicated in October, our concern is that uh this creates a level of uncertainty for the owner um where the city could revoke this certificate of use compliance at any time. We also

believe that the city has the ability to go through a a issuance of violation and go through a process if for any reason my client's not in compliance. So we think there's no downside to removing that last portion of of condition 18 uh from the city's perspective because you still maintain enforcement and compliance. We do feel that there's a benefit to my client because that removes a a high level of uncertainty related to that. briefly. Uh, CASTO is developing this this corner in general. Uh, currently there are five full movement curb cuts on Colonel Glenn Highway and Germany Lane has an unrestricted open curb cut. The proposed condition will have a right in right out driveway for Valve Lane and three driveways on Colonel Glenn. So, we're going from five driveways on Colonel Glenn down to one restricted and we are defining driveway access on Germany Lane. In addition, there will be left turn restrictions at Germany Lane and Colonel Glenn Highway so that left turns would no longer be permitted uh from that intersection, which is now stop sign control. And so, these are some views of that. This is looking at the intersection of Germany Lane. Uh you can see the used car lot that's at the property. So we're looking east. Uh similar view here. You're now kind of looking back towards the Germany Lane. So now we're looking west. You can see the uh several of those curb cuts that are existing. And then if if this is a view looking north of the property on Germany Lane and you can see there's a wide openen curb cut. So right now there's unrestricted access um from the site uh to the Germany Lane. This kind of demonstrates that we're showing the five curb cuts that are there. Uh Germany Lane and Colonel Glenn will be a stop sign control and then we're adding additional restriction. And

we've highlighted the uh wide openen curb cut. Uh this shows where the valvalene uh has been approved and should be under construction soon if not already. Um there will be one full curb cut on Germany Lane and a ride in right out. And then with the seven brew, we would remove three more driveways on Colonel Glenn Highway and only have access from Germany Lane. And again, that would be an entry and an exit only. And then we will work with the city on a design for a restricted left turn movement at Colonel Glenn Highway from Germany Lane. So, I know stacking is a big uh point of of concern with the city. We will have 21 stacking spaces uh on this site that exceeds the zoning requirements. Um the stacking for this uh exceeds the typical seven brew uh requirements for vehicle stacking. Uh we will point out that Germany Lane is a very low volume uh road. uh our hourly counts have indicated, you know, between 30 and 40 vehicles per hour going eastbound and somewhere between 10 and 15 vehicles per hour going westbound. So, a very low volume uh road on Germany Lane. Um we do believe also that approval of this site will alleviate some of the congestion that you see at the existing Seven Brew on North Fairfield. Uh there are other coffee drive-thru uses that are entering the market that will also uh start to capture some of the the customer counts. But we believe uh strongly that this is a good plan. Uh we believe that uh the plan that planning commission recommended with the conditions are appropriate. We would ask you to consider the modification I pointed out in condition 18 and we would ask you to approve this plan. Uh we appreciate your time and and willingness to listen to

me. Thank you. Thank you very much. Mr. Berquette,

sir. Yeah, it's been three and a half, four months since you guys heard this last and and two new members. So, I kind of want to go through the the original presentation. Um the applicant did a good job explaining a lot. So, I'll I'll go through this fairly um high level. Again, the applicant is requesting approval to construct a seven brew um on its Germany at Germany Lane and Colonel Glenn Highway. It's at the right near where we were just talking about at the hotel. So, it's north of 675 and south of Colonel Glenn. Um here's the area. You can see that the site's currently a um used auto used vehicle sales and service place and um certainly any visual improvements any development to the site will increase the the uh visual aesthetics on site. Um this just a I think you saw this view already. So it's just a view of the site as is. the property was reszoned in uh the summer of 2025. Um when they went through the reszoning, it was so that they could do a seven bruise. So um of all the the uses that are permitted on the in within the new PED restaurants with drive-through is certainly one of the the allowed uses within this PUD. To the north is commercial. To the south is a office development. To the east again is that Valvaline that we just we actually just issued a zoning permit for this past month. So that construction should start here fairly soon. And to the west is Colonel Glenn Highway and um a restaurant. uh applicant did a good job of pointing out the site plan again removing all curb cuts from Colonel Glenn and adding a um counterclockwise one-way movement around the site from

the south to the northeast. Uh just kind of superimpose that plan on the aerial to give you an idea of of the exit and the entry points as it relates to Kland and New Germany or Germany Lane. Um again, one of the big sticking points with the site was um and this and we've seen this with other drive-through um particularly coffee places, but drive-through restaurants or the uh backup can get extensive. um was the stacking. Um in our zoning code, there is a requirement for five five stacking spaces for a typical restaurant or a typical drive-thru and then an additional space required for every minute of average wait time. Uh based on the numbers provided by the applicant, um they're required to have 10. They've got more than double that. Um until you get they have enough to fit 21 until you get to Jeremy Lane. um before you get offsite. Um so they do meet the stacking requirements in the zoning code. Um next slide. There we go. One of the things we had them add and there's a condition for it that they add a sidewalk, a 4ft sidewalk along Germany Lane. We had Valvaline do the same thing. So when Valvoline goes up, there'll be a sidewalk there on the north side. So we want to continue that and extend it so it attaches to the sidewalk that's along Colonel Glang. Colonel Glenn currently and again the applicant had pointed out um one of the ways to help with traffic conflicts at the near the exit point to the the seven bruise site is to prevent cars from turning left on the Colonel Glenn where you would have cars banking to wait to go left because of the traffic volumes on Colonel Glenn. So if they can only go right um onto Colonel

Glenn then you won't have quite the Q lines down Germany Lane. So, um, we had that condition. Planning Commission, um, affirmed that condition and we're recommending also with the motion before you this evening. The building, uh, it's a brick and metal building. If you've been to the Seven Brew out there by, um, on Continental Properties off of North Fairfield Road, it's the same architecture as that. So, um, no surprises on the architect. This is the building that's here in Beaver Creek already. and their the plans that they are proposing are the um exact copy of the one that they have out in North Bever Creek already. Their landscape plan shows landscaping all around the site along Germany Lane and along uh Colonel Glenn Highway. This is a a big improvement as to what they have currently. Um there not really any landscaping around the perimeter of site now. So, I think that that will help soften the site and um give it a greener feel when you're out there at that intersection. In terms of lighting, uh they do show full cut off light fixtures. I know Kland doesn't have any residential around, but as we move forward with development and redevelopment, we want to ensure that all all sites have the full cut off fixture to help um lower the amount of ambient lighting that's out in our commercial districts. Now, if we continue to do this throughout all projects and you'll see a lower level of lighting um opposed to the 80s and 90s style where it throws lighting in in a lot of different directions. So, they're continuing that with this development. A few conditions. Um this is in an impact fee district. So uh depending on the final calculation of building and and traffic usage um impact fees will be um applicable here at this within this development. Um there is a condition the applicant spoke about it u both in

October and this evening about condition number 18 that talks about basically they'll have to keep stacking contain within their site and they'll be expected to to move cars along if they're waiting out on Germany Lane. Um the difference between this site and the site that has the issues um in front of Continental Properties is that's a private road um the existing Seven Brew. So the police don't have the authority to at on that site to move cars along that access road. this one, if they're backing out on a on a German lane, the police can move them along, can issue tickets if it becomes a problem and and keep that um the traffic flowing on Germany Lane opposed to the the existing seven brew um at Continental Properties. So, um staff doesn't really see a problem u removing what the applicant is requesting that last sentence in condition number 18 that between the zoning violations if they have that excess stacking beyond 21 spaces, but also the fact that the the police department can enforce the traffic laws on the public street. I think that we'll have ample protection to ensure the uh stacking doesn't occur um on a regular basis. There might be one or two here or there, but but we have the tools to to prevent that in the future. Um, there are 19 conditions in your motion. Um, planning commission and staff recommend approval of the applic. Not sure if the if there is a public hearing at this one, but I'll answer questions uh at any time council wishes. Thanks.

Thank you very much. Since this t was tabled a few months ago, we had the public hearing at that point and it was that particular part is closed. So council that's bills I do have something to say. Um, very specifically, I was looking at the landscape plan and I noticed that um, a lot of nandina is called for and that is considered an invasive plant in Ohio and I would ask that that not be chosen that be replaced with a non-invasive or even perhaps even better native plant but you know just not invasive.

That's it. Otherwise, the design is lovely and I know lots of people have already expressed that they're excited to have another location in town. Council Karn, thank you, your honor. I'd like to uh thank the seven brew for the efforts that you've made since the last time trying to at least address the stacking issue and address the turning issue. I think it's great to see that uh sealed off certainly along Colonel Glenn there. Uh I think it's a very positive effort. I realize there's still some questions, but uh I I've really seen some change. Thank you. Thank you, your honor.

Council, thank you, mayor. I do have a just I have a question about uh 18 the the and I can ask Randy this. You you you stated that removal of that last portion would not impact your ability to enforce. Yeah. I mean, the the end of that condition just said we could revoke their um conditional use approval. Um and and I'm sorry I I couldn't find a slide in here that he showed that showed how much of it was struck out. I didn't have it in my presentation. He has in his. I I don't know. Um

where does that where does that start? Where does the red line start after the comma? Okay. All right. All right. Um Yeah. Okay. All right. So, it still has the issue in there that we understand that stacking can't be an issue. Right.

Right. Right off the bat. Okay. Um I have a I do have a question for the applicant. Quickly, just a simple qu are is um is do you know if four brew is currently act um getting ready to Oh, I'm sorry. What did I say? Seven brew. That's okay. Seven brew. Four brew. A little seven brew. Seven brew. Yeah, it's only half as good. Okay. Seven brew. Are they are they currently uh looking to open up another location down the hill there on Colonel Glenn and Riverside?

I had heard I heard somebody talk about they were look actively looking at property down uh Colonel Glenn there down close to airway. I I don't know the specific location. I'm working on another project in Riverside. Um so it it's in the vicinity. I don't believe that it's on Yeah, I'm not the the the project I'm working on with the same team is on Lynen Avenue near Woodman.

Um so not directly, but you know, in the vicinity. So the the the reason I the reason I ask that because obviously if there was one down the road there that our worries about as much stacking and as much traffic issues would be even more lessened, you know, if we knew that there was another one coming in. That's the reason I asked that. The other question is in the in the one slide that showed the um right turn only um coming off of uh what's the name of the roadway? Germany. German. Germany. The um there's actually going to be a full median placed in there with curb. Is that the plan? I know that there was planning planners showed it in there and everything.

We haven't designed that yet. My understanding is that the city engineer recommended a curbed median. Okay. And so, you know, this is uh Mr. Burkard's illustration probably refine that a little bit, but it would be a a curved median. Okay. And I guess Randy could answer that probably. Is it It's not just going to be one of them slope things where people could drive across them if they want to. It actually not a mountable. I know some of the like Speedway has a few mountable mediums that really haven't worked as designed. Um so I I show green in there. That was just a planner's dream of trying to add more landscaping. But okay,

so that was me who not an engineer. Okay. Just doing that. So, but the intent would be for it to be curbed so that u as to prevent or highly dissuade people from trying to turn left. Okay. All right. Well, thank you. And I do have one more question for the applicant. I'm sorry I didn't ask this. You you we we had we're looking at two properties that are are the same, but you did did you make the statement that this one would not have a walk up window? I don't believe I said that there's no inside service. There's no inside service. Okay. So, there still is a walk up window. Correct, sir. And Okay.

Okay. Walk up. The other one has a walk up window, too, right? Okay. All right. That's all. While I'm here, Miss Bales, we have no objection to changing landscape materials for invasive. We'll work with the planning staff on that. Thank you. That's all I have. One fails.

I have several. Most of them are comments as opposed to questions, but um first of all, I do appreciate Seven Brew. They're super popular. Um, my daughter frequents the place all the time, spends all her money there, which is great. Uh, but I on the, uh, flip side receive a lot of complaints, a lot of complaints about um, town. Is it town drive? Yeah. And I brought this up April 22nd of 2024 when we were here discussing the specific site plan PUD for the current seven brew. And uh if you recall that meeting was very long. So if you want to go back and watch it, it starts at hour four right on the dot. Hour four on the dot. I expressed concern about stacking back then and there are 24 spaces at the current Seven Brew um on Town Drive and I asked if it was going to be an issue and they and and your representative at the time stated there are 24 spaces with an average time of three or four minutes per customer, no problems. We won't see any problems. And I said, well, okay, what if there are problems? What happens if because we had just come off, and I'm refreshing everybody, an issue with Chick-fil-A a few months before. I said, "What if

there are problems and traffic does back up onto Town Drive? what kind of mitigation plan do you have in place to solve that? And you started off by saying it wouldn't be a problem and then the developer said, "But if it were to back up, it would only be onto an access road." As if that would be okay because right now it is definitely not okay. So, I pushed a little bit harder for a uh a plan and you said if it were to back up onto Town Drive during peak hours or when it backs up, you will run traffic control on Town Drive. That was at 4 hours and three minutes into that meeting. Well, I've yet to ever ever see mitigation control by Seven Brew on Town Drive. And there are Tik Toks out there right now and I've shared them with my fellow council members that discuss how wonderful Seven Brew is, but how ridiculous Seven Brew is trying to navigate that parking lot. And that all sets the stage for this issue tonight where you gave us no new information on stacking on traffic control. In fact, the only thing you asked us to do was not put in any enforcement

potential into our resolution. And I I find it absurd for us to take that out because you have to control the traffic. Now, I want you to be a successful business, and I'm as a small business owner, I mean, I think you're doing great, but we hear the other side of the story when people can't even drive through a parking lot or they avoid REI and they avoid some places over there because it is a nightmare. Um, and you said in your presentation tonight that Germany Lane is very different than Town Drive because Germany Lane doesn't have very much traffic on it. But what do you mean by that? Does that mean it's okay if traffic pulls out there? If traffic gets stuck on Germany Lane? If I'm coming from Home Depot, I don't want to get stuck on Germany Lane. So, I'm not quite sure what you meant by the traffic on Germany Lane is is low.

Sorry. What was specifically the question? Well, this um my notes here. Mr. Wilker stated that Germany Lane traffic counts are are really low. Correct. Well, I get that. I get that. Compared to Town Drive, it still doesn't mean it's okay to have traffic backed up on Germany Lane. Yeah. I I believe the less traffic on Germany Lane was in reference to the development's effort to have access to Germany Lane versus Colonel Glenn, which is a high volume traffic road, which was the point of that slide. Okay, understood. Just specific to that question, I know you more

and I mean, and that makes sense. I'm glad there are no curb cuts on on Colonel Glenn. Yeah, that was something we worked out with staff uh I think the first meeting and it was it was a a welcomed uh comment. So, while you're up there, maybe you could talk about your mitigation plan in case cars do get backed up onto Germany Lane specific to this location.

Absolutely. But I have no reason to believe that the seven brew popularity will decline, especially given the proximity to Wright State University, right Patterson Air Force Base, all of the contractors on Colonel Glenn, and quite frankly, the traffic count on Colonel Glenn.

So, I think it's going to be a raving success. But I think it's going to also be a nightmare. And I don't want our police department to be there, you know, six hours a day directing traffic, which is exactly why I don't like the fact we're that you're asking us to remove some enforcement because I just don't want the police to be out there directing traffic. You have to have a little skin in that game.

Okay, I I hear you on that. And I would say the the rationale behind removing the language is not specifically so you can never enforce it because like we said you have that ability. It's really the the impact on the ability to operate a business with that being part of the approval is you know yeah but that's your that's your owner's decision. Your owner has to make the decision if it's worth it or not and if he's going to invest in the personnel. it may take to mitigate that circumstance.

It's not the city's we're I think the way it's written in the way planning commission designed that condition is perfect because it puts the onus on you. Okay. I I disagree, but I I appreciate the feedback. Yeah. I mean, it's just a it's a business decision your owner will have to make if it stays in there. Correct. He has to plan for the the long term of the business, not just, you know, he future operators. If he wants to look at another site, you know, Mr. Woodard is in the audience right now, and perhaps he could look right across the street. Um, yeah, unfortunately, as as the developer, we that's not as simple for us.

Understood. Uh, I believe that's all the questions I have for you. Thank you. Thanks. I have no questions. Councilman Der,

appreciate it, mayor. Thank you. Uh, I'll reiterate what I said in October. Um, as a family, we love Seven Brew. Um, it's a joy as a family to go. Uh, but I also support what Councilman Bales has has noted. It it is dangerous at the first location. uh as a family we would have gone more often but we are often we leave the site we go elsewhere um and I'm concerned that what the suggestions we gave in October have not been addressed uh at at the first site in in no way that I've I've seen that. Um, I'll start with an easy question and I'll I'll get progressively more difficult, but um, and like Councilman Bales, I have several. Um, Mr. Walker, you mentioned several other coffee shops in the area that are either in place or coming. Can you give me any more information if you're able? I realize that some sites may be in process.

Um, Jonathan Wilker again. Um, we mentioned the seven brew location that Mr. Literal was asking about in in uh Riverside. Um, my understanding that there's a competitor also looking at locations in Riverside and along this corridor. I don't have any specifics on that, Mr. Dur.

Appreciate it. Thanks. Um, in October, I mentioned the plan in case of a medical emergency. In your first location, you have an auxiliary road. Uh, if someone gets in trouble, uh, they can they can leave. I like the setup of that site. Uh I forgot that it was 4 hours plus in length. Uh but I I should have remembered that. Um but have you thought more about what to do because there's there's no additional place out and I like the changes along Colonel Glenn, but it it also means in the event of a medical emergency, it could be very difficult for someone to get out. We shared their question with um our client and their design team. Um the basic response we got back was that they would act on that emergency accordingly. That they would assuming your concern would be someone be back in the stacking line. They would do all that they could to free the stacking spaces and and make way for the emergency vehicles to provide emergency medical assistance that they're able to provide. um either from their staff or to call 911. Um so, you know, they would treat it as an emergency as well and and do all that they can to clear that that uh through.

I don't mean this to be as an an interrogation, but it may seem like it. Um have either of the two of you been through the seven brew line at say 2 p.m. on a Saturday or Sunday? I have not. Sir,

I have not. I would venture to say unlike in the packet via via casto uh that it does not meet the minimum uh suitability under the for stacking spaces in the uh the city zoning code. Uh and here's my rationale. If you go to the stacking uh slide, it's page 71 of the agenda. Mr. Mr. Bquette, you have uh Yep. That one there. Okay. Um I've been to Seven Brew over uh 20 times. Um like we said, we we love it. Um maybe on one occasion has it ever looked like that in terms of the stacking. It is uh often 6 8 10 12 feet between vehicles. And while many staff members do a wonderful job and they work incredibly hard, um some staff members do not move up the cars. And so, yes, it looks like this in an ideal world. Uh no, it never looks like this. Uh especially at 2:00 p.m. rush hour um on Saturdays or Sundays. Uh the assertion in the packet is that um you know 16 minutes still meet code minimum. Uh I asked my wife um what's the longest we've we've been in a line. Uh her answer 20 to 25 minutes. We've never timed it. We it's a guesstimation. It could well be longer. And so I I'd venture to say that it it doesn't meet uh the zoning code minimum. um you know whether it technically passes I mean I think is a matter of debate but I I I have concern over the assertion uh in the packet. Uh another assertion in the packet is

um 600 to 900 transactions per day. Uh how did you come up with this figure? Yeah, that's based on transaction data across not just the Beaver Creek site on Fairfield Road. That's more sevens around the country. Okay, that's what I assumed. Um the Fairfield Road site is one of the top five to 10 stores in the country.

Yeah, it's amazing. Yeah, it's it is atypical in terms it's like if we ran the numbers of an averaged out seven brew transaction data, it would that would that store would be an anomaly.

I don't know that it's an anomaly in Beaver Creek. The the feedback is that seven brewers loved it's it's very popular on Tik Tok and elsewhere among the college age community. It's right next to Wright State University, right Patterson Air Force Base. There's very little in terms of competition. We would be making a decision today based on assumptions that more coffee shops are coming to Riverside. Um I believe you'll see over a thousand transactions a day and that leaves me with significant concern. Um, in followup to Councilman Bales, um, and in relation to what I said in October, I I I asked for, um, a person to be, um, employed specifically for traffic control,

and we we've never we haven't seen anything like that. Um, so I I go back to Councilman Bales's question on what what's the mitigation strategy? Give me a reason to take out the half sentence on on number 18 because what what um what can we do in response if there's another site where it backs up and causes significant issues? You know, what can we what can we do? What kind of remediation can we do as a city? As a city or from Sorry, just trying to get clarify.

Mr. Maybe Mr. Bquette if you want. I would like to I would like to hear their response too about a mitigation plan. I I would too. Yep. It's probably also a question for Chief as well as Randy. That was what I was gonna ask.

Yeah, it would be multi-prong prong. I mean, we would a I believe with the this application, should it move forward, there's going to be signs put out on German lane at no blocking intersection, and those will be city installed signs. So, it it'll be city enforced signs for cars stacking out on a Germany lane. We would issue a violation zoning violate or PUD violation because one of the conditions that they can't allow cars to be stacking. So, we would require them to come up with a mitigation plan. um whether that be hiring a specific traffic person at the time um in addition to the police uh issuing citations for people waiting out on Germany Lane. So, if I'm hearing that correct, we could force them to hire someone

that would we come up with a plan that that um between staff and the the owners to make sure that um do what we need to do to prevent cars from sacking if that Well, if I may, if I may piggy back there real quick, uh under no circumstance does a city want private citizens on our public roads, right? Law enforcement uh chief can speak to that. uh any mitigation that they would have to do would have to be on their property, right? Yeah. Sorry for not clarifying. I did in October where it would only be on the property, but that's it's that's helpful.

Um sorry, I lost my question now. It's all quite all right. Um Chief, may we hear your opinion on this matter, please? So, with trying to avoid too many hypotheticals that, you know, we could come up with all kinds of different things. Um, obviously, if there's signage out there, we would have no problem enforcing what needs to be enforced. Short of signage, it would be more difficult. our our priority and main consideration at that point would be uh you know does Germany lane become a parking lot which is difficult for emergency vehicles to get through. Um I don't necessarily think that would happen based on what I'm hear from the applicant and Randy and the analysis and um kind of what they hope to accomplish. um I think would be okay with emergency vehicles getting through there, especially with lights and sirens and people being able to get out of the way. Um obviously I I would prefer not to assign officers up there or even have them spend significant amount of time up there directing traffic um for the different violations that could happen. for example, if things are backed up on Germany Lane and people are coming westbound, um you know, the potential Mark Lane's violations as people are wanting to go beside all of the you know, whatever may be backed up there. Um so that could create traffic issues. The one the one I guess issue in terms of I do I do appreciate the possibility of sta of seven brew staff assisting with moving people along Germany. I guess obviously they'd be in their own parking lot doing that, but the consideration that I think about is uh you know, obviously they're

not going to be walking up all the way up Germany Lane helping to move that along. So if a car gets right up to the entrance point, right up to the driveway to turn into Seven Brew, and an employee goes out there and says, "Okay, we're we're stacked up. You need to move along." You know, if that driver says, "No, I'm I'm next up. I'm right here. I'm not gonna move. And so it creates, you know, those are hypotheticals that obviously I want to try to avoid, but it's just things to think about. I don't know how effective and their staff could actually be moving people off of Germany. I guess it's possible, but you know, so I feel like um um probably the best thing to do would have signage up there for us to be able to enforce. And I think that would that would help to solve the problem. That would be probably the best mitigation factor to try to keep Germany clear.

Very similar to Duncan where we added the sign emergency stopping only, right? And that gave Exactly. That's why we did it there. And then I think that would take care of the issues and and we wouldn't just go up there looking to write tickets to everybody. There would obviously be warnings and everything, but the signs would give us the ability we needed to do that. So, to me, that's probably from a police operational perspective, that's probably the the the best thing to do. Thank you, Chief. Uh, can we hear from the applicant, please?

Jonathan Wilker again. We believe that we have a good plan for this location. Um, we've worked with your city staff on their stacking requirements and presented traffic data that's in your packet. Um, the North Fairfield site is an anomaly in the market that my client has seen it and we don't anticipate having that same experience here. Um, again, we think that this is a very good plan for a difficult site and that's going to be complimentary and, you know, we've received recommendations from your staff and and your planning commission and um we we think that it's it's a plan worthy to move forward with.

Well, if it is an anomaly, then the last sentence in number 18 doesn't can keep it in. The issue with that, you could apply that s that that phrase to all other 19 conditions because the city has the ability to revoke a zoning compliance certificate, but there's a process that you go through. You would issue a violation and we would uh acknowledge that. We'd work with the staff and we would appeal if we needed to. And the concern is that my client's concerned if he has a busy day and comes by and and someone says, "You've got two cars waiting on Germany and Councilman Bales decides to call the planning director and say, "We should initiate the revocation of the certificate." that by having that phrase in there, that process is going to be expedited and my client's going to have an investment that he's made that uh he won't have a due process to to fight on and and to explain why that was a a situation that that shouldn't have taken that certificate away. So, I I honestly as a planner believe that that phrase doesn't add any benefit because the city still has the ability to do that if you find it's in violation.

It adds a lot of benefit to you. It it adds uncertainty to my client that they feel is a risk that they do not want to take. That if that if that condition clause was applied to landscaping or to dumpster control or any of them, they would not be comfortable operating in the city of understood. Thank you, mayor. Thank you for your time.

Mayor, can I just ask one question because this is right on topic with this. Go going back to the signage that the chief recommended. Um, and this may be legal. The, uh, if there's signage on the roadway and vehicles are not abiding by the signage and thus resulting in a call for service, the because of the signage, the the property owners are no longer at fault. Am I correct? It's now on the customer that's sitting on the road. So there will be no way to enforce that because they could wipe their hands. Is that true? I mean it's now it's it is a legal enforcement of our traffic law because of the signage.

Yeah. I don't think we can make them control stacking in the public rideway if people are stopped on the public public highway. So without this sentence in this clause then they say well the signs are out there. It's not our fault they're stuck on the roadway.

That once again would be responsible for the stacking within there. They could move cars up to make sure that I know Councilman Der mentioned well there's leaving 8 ft between cars which just seems crazy to me. Someone doesn't know how to drive. Um they could be responsible for making sure that the stacking is meeting the requirements that they've gotten down. And if they're not doing that, they could be held to have a zoning code violation. You know, we said you said you could I think it Ry's packet said they said 23 and we staff says 21 say they've got 10 cars in there because there's 8 feet in between each of them. I think that would be a and they're not making sure that they can meet the adequate stacking within their own footprint. I think we could say there's a violation there. But if people are stopping on the street, you know, they as chief mentioned, we don't want them going out there and saying move along, move along. They're not traffic court. Uh they're not traffic cops.

Okay, that's my question. Okay, vice.

Thank you, Mayor Adams. Um, I guess maybe a couple comments based off what I'm hearing and by no means do I want to speak for all of council, but my interpretation of some of the comments tonight is that we expect the applicant to be wildly successful in business, right? We expect it to be hugely popular and we want to make the best experience for everybody. Um, I have no interest in coffee. It's not my drink at all. So, I have never been to Seven Brew. It means nothing to me. Uh I cannot sympathize with people that had to wait in line or try to go through there because I don't have that experience, but it's it's one that our residents uh do have the experience of, right? We want to make sure that we're providing the best experience for everybody, business and residential. So the only question I would have uh for Mr. Bquette and um this may sound silly but with that condition 18 the line that they're asking to be stricken how common is that in some of our other um developments? Do we include that line in other places or do we add it specifically uh to this case?

It was added specifically to this case. So we don't have it anywhere elsewhere or it's not a common it's not common anywhere else and we still have the tools in place to enforce as as the law director said, you know, they we show on the site plan 21 if they're not abiding it by 21 and we can certainly get them a zoning code violation, right? Small and with the sign out on the road, then the police can enforce the traffic laws on the public road. Okay. Yeah. That I think creates discomfort as I've heard from Sure. Councilman Little, right? On where the onus lies for for who enforces it once it gets passed. Yeah.

Jeremy Lane, as uh city manager stated and as uh the chief reiterated and I'd like to reiterate also, we have no intention, expectation or desire for uh employees of Seven Brew to do any kind of traffic control on our public roads.

Yep. Uh, one question I do have, um, more logistically, I did have a little concern looking at Colonel Glenn turning left on the Germany lane today. That it's not a highly used intersection, right? I think the applicant even mentioned 7 to 15 cars are turning left uh, from Colonel Glenn onto Germany Lane. I think of a different slide, but that might be the good spot. Yeah, I guess that's it there. Do we have concerns about traffic getting in, you know, coming on making that left turn? I think um when we get to the appropriate design for that right

pork chop as as they're called, but encourage I mean I think that what I did was like I said the the planner version Yeah. Yeah. of traffic control. It's a I'm thinking Colonel Glenn. You're on Colonel Glenn turning left on German Lane. This to me looks like you're on German Lane turning right on the Colonel Glenn. It Yeah. and you'd have to drive past it to go left. So, yeah, it would be just the way it's designed. I don't know why you're putting that up. Thank you. Those are my concerns. Nothing, brother. I have a couple of things. First of all, the fire department has to sign off on a specific site plan. Correct. Yeah, we route these to We

One of the things was brought up was emergency traffic in there. So, but if they're comfortable with it, then they I we routed it to them. They didn't have any, this is crazy. They didn't have any comments. I mean, other than they they they they look at radiuses and whether they can get their trucks through there. And they said they can make those curves.

And I guess one of the things that I'm listening to and hearing is is it's like this is going to be this busy all day long. And then I heard earlier at 2 o'clock on Saturday and Sunday. I mean, it's not this way all day long. If that was the case, then we would have a real problem. But I'm looking at uh Nutter Center with the traffic out there sometimes. Should we should we do something about that because it stops and it's it's it's horrible. The high school uh Deon Zenia every day we've got something going on there and there's no mitigation for that other than let's move through it. Uh so I you know I'm hoping that you're that busy. I really am because I've not been to Seven Brew. I I don't know why I've been to seven brew because I like my coffee black, but I don't need to pay all those uh extra prices. But apparently a lot of people like those. Uh but I just uh I mean as long as you control the stacking on your property, that's your responsibility. When you start to get out on Germany Lane, that's our responsibility and that's the police to do their job. Uh I would definitely not want any of your people out there directing traffic. I've been out there directing traffic on too many roads. You don't want that. If they don't know what they're doing, you just do not want that. Uh and I think the police can adequately, you know, they'll they'll learn when there might be busy times out there and uh they'll just address it. Uh I mean, that's that's how I look at they're public roads. People can drive on them, but if they don't do what they're supposed to do, then that's why we have a police department. So that's kind of where I am on this whole thing because I think that they they should be able to handle that themselves internally. We once they get off the property, it's not our it's not their problem. So the other location is a little different because that's all private property. We really don't have any control what happens there. If the

business owners there want to complain about it, then there's something to look at. But right now, I've not heard any of that coming here. I, you know, I hear from people, you know, quite honestly, at uh at Christmas time, I know it was a mess over there, but it took me four lights to turn left off of North Fairfield, you know, because there was so much traffic. We can't stop that. I mean, Beaver Creek is a is a big city. I mean, we're almost 50,000 people and with that, we've got a lot of cars. So, we just have to learn to deal with that. So, I mean, that's that's where my two cents are. So, so anything else for anyone else, Mayor, go ahead, please.

I agree with you and I have I have no I'm I'm so in support of seven brew. Uh just want to make sure that they're very aware of the the stacking issues. So with that said, I move for the purpose of taking administrative action approval of PUB25-3 specific site plan 1 7 brew 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 approval procedures for specific site plans of the Beaver Creek zoning code. I further move that this motion with all the following conditions, there are 19, be fully recorded in the minutes of this council meeting.

Second. I have a motion and a second to approve uh PB25-3. All those in favor signify. May I interject real quick? Sure. Does that include the full condition or the revised condition? Yeah. Which one is it? Yeah. Did you include the 19 conditions without modification? Without modification, sir.

To be clear, that is if it says vote yes, that's as good as a no. I just want to be perfectly transparent with where we stand on this. Administratively, I think we're at a uh a tough spot because there's a motion and a second on the floor that has to be voted on. If we were to want to move forward with a further motion, we have to turn this one down. We have to turn this one down. We'd have to turn this one down, then do a motion to amend it, then motion to approve the amended motion. Yes, we we have the opportunity to amend a decision that's made tonight.

You turn this one down. You could make a motion to amend the resolution and pass a different resolution, the amended resolution. Got it. We have a motion and a second. And I'm going to ask for a voice vote on this or a roll call, please. Council member Boss. Yes. Council member Literal. Yes. Council member Kern. Yes. Council member Der. Yes. Council member Bills. No. Vice Mayor Upton. No. Mayor Adams. No.

Motion carries. Ordinances, resolutions, and PUDs. Ordinance 26-03. This is a second reading. Ordinance 26-3, an ordinance amending Ordinance 00-27 PU 971, Fairfield Place to accept changes to the PUD agreed upon by the federal courts.

Anything from staff? No changes? Okay. Do I have a motion? Yeah. Move to approve ordinance 26-03. Second. Have a motion and a second to approve ordinance 26-03. All those in favor signify by saying I.

Opposed. Ordinance 26-04, which is also a second reading. Ordinance 26-04, an ordinance reszoning 8.916 acres from A1 agricultural, further described as book one, page 10, parcel one, on the property tax maps of Green County, Ohio to C-PUD 26-1, commercial planned unit development. Motion to approve uh 26-4. Your second have a motion and a second to approve ordinance 26-04. All those in favor signify by saying I.

I. opposed. Ordinance 26-01. This is a I need a motion to table this. She can go ahead and read it. Read it. Ordinance 26-01 to appropriate certain real property interest owned by Dog Do LLC for the Graange Hall Road Pedestrian Improvement Project in the city of Beaver Creek, Ohio. Yes. And good evening. Yeah, I just want to let you know that um the city and the property owner reached an agreement late last week. So there's no longer a need to consider moving this um ordinance forward. Okay.

So basically since there's no way to remove that, we have to table it indefinitely. Motion to table indefinitely ordinance 26-01. Second. I have a motion and a second to table this indefinitely. All those in favor signify by saying I. I. I. Opposed. Ordinance 26-05. This is a first reading. Ordinance 26-05, an ordinance authorizing the city manager to enter into a farm lease agreement with the Fairlands, Inc. to farm approximately 39.53 acres of land currently owned by the city of Beaver Creek.

That would be that would be me. Yes. Uh as uh council is aware uh that we recently acquired about 64 acres of vacant land. Uh we're talking about the land out on factory and US35 and Shakertown Road. Um city wishes to have the land utilized as it has been uh been farmed until such a time that the city wishes to utilize the land for another purpose. Uh it's in the best interest of the city and the citizens that the vacant land be utilized for farming operations as opposed to being left vacant and unattended. Uh entering into the farm lease uh with Fairlands, Inc. uh will generate income for the city while affording Fairlands the opportunity to farm the tillable acreage uh which is nearly about 40 acres of tillable. Um, this helps us uh any if you've been like where Springhouse Park is since that's a park, we're unable to farm that and you see how overgrown it is and how we have to cut that back. Uh, this contract it will be farmed and they will take care of all the rightway cutting back and stuff. So, uh, good use of the land until city council decides that there's an overpass maybe or or any other future for the other there. Like I said, out out of the almost 64 65 acres, there's about 40 acres that's tillable. If you have any other questions, let me know. Yeah, this is an ordinance, so there is opportunity for public input. If anyone would like to speak to this, uh, please come to the podium, state your name and address. You'll have three minutes. Good evening. My name is Bob Trout, 2187

Basset Court. Uh I do think this is a good idea being able to lease it out as it's farming. It's pretty nice. But my concern is what type of uh agents are they going to apply in way of fertilizers, weed killer, or anything else? Because it is going to be relatively close to a housing development. And I now have a grandson that lives over there and I am very worried that it's not going to be something that's going to be safe. So the question is, is there going to be a means for the city to control what type of weed killer and stuff like that gets applied on it because it could migrate beyond beyond the boundaries of this this uh plot. So that is my piece and that is just something to discuss between yourselves. Thank you.

Thank you very much. Anyone else? Seeing none, I'll close the public portion. Councel, you're on a motion to uh move ordinance 2605 to second reading. Let's address something. It's already been farmed. It's been ongoing for the last several years. So, it'll be be leased to the same guy and it's going to be the same as we they've done. Yeah. The housing unit has been there for a long time, too. A couple of years. So,

and and on on the uh number nine in the contract addresses the hazardous substances including pesticides. So, it is part of the contract what's allowed and and again, it has been farmed by the same farmer for years. Mayor, do you um sorry, uh city manager, corn, soybeans, something else? I do not know. I imagine they rotate.

Yep, there there'll be a crop rotation. Um just trying to think about site visibility, especially with corn. Um whether that causes anyone a level of concern. They do not plant that in a rideway. So it has to No, but still it can, you know, block observation at times. Uh I I drive through rural eastern Green County a lot. I hit a deer once coming out of corn corn field. You know, just there are points of concern uh with height.

If I can contribute, I I live over there so I drive it. But I every time I leave my neighborhood, um we've been there almost 20 years and it's been off and on alternating corn and soybean. Um the fields are far enough back from the road. There's plenty of space. I cannot say I it has ever even occurred to me that visibility or um the occasional deer that come through there. You can see them from quite a distance off. I drive it a fair bit. It's not a huge concern, but it's a point I thought I'd raise. So

I drive it quite a bit, too. And I think it's a little bit lower there. So even the taller corn really doesn't affect it that much. Okay. want to dot eyes and cross te's. I understand. That makes why you're here. Anyone else?

All right. I have a motion and a second on the floor to approve or move ordinance 26-05 to a second reading. All those in favor signify by saying I. I. Opposed.

Chief, we get to see you again with a liquor license. All right. Thank you, Mr. Mayor. So, we have a new liquor permit. Ohio Department of Commerce, Division of Liquor Control sent notification of request for a new liquor permit for C&J Sushi LLC doing business as Kawwa Revolving Sushi at 29 or I'm sorry, 2819 Center Drive Sweet C Beaver Creek 45324. Required record checks were completed on one applicant and staff does not have any objections or concerns. Staff is recommending this application request move forward without comment. Motion to approve without comment.

Second. I have a motion and a second to approve this without comment. All those in favor signify by saying I. I. I. Opposed. The only question I have, Chief, is are they going to deliver that on a robot? That was my question, Mayor. Yeah, actually serious there. I believe they do. All right, decision items. Uh, David,

good evening. Um, so everybody received the fourth quarter final report for 2025. Um, hit right off the top, property taxes makes up 64% of our revenue. So, uh, always going to be a topic of discussion when we have these quarterly reports. Um, property taxes came in two and a half% higher than what was budgeted. Not really big surprise in terms of, you know, the county auditor tends to budget very conservatively. Um, however, property taxes did come in 4.6% higher than what last year's actual was, which, um, is a big surprise, especially in a non-reappraisal year. um we've discussed previously there was a large delinquent taxpayer um a utility company um that really skewed the numbers for this year when comparing them to the prior year. Um so if you re would recall last year when I did the fourth quarter report for 2024 we talked about well our property tax revenue went down 2%. Well, that was the same issue just repeating itself. Um, so you know that 2% 1 to 2% is generally what we expect in growth per year um with our property tax and new construction that occurs. though. Um, within the general fund, um, revenues exceeded the budgeted amount by 51% or $3.5 million, which is really good until you consider, um, 3.1 million of that was from the sale of land that was never included in that budget. So, um, obviously that that has skewed those numbers a little bit. Uh other revenues uh of interest um fees, licenses, and permits. We can continue to see reductions in our franchise fee revenue. A lot of people are streaming their TV now instead of uh going through the the traditional

method. So, um we continue to see those revenues decrease 7 to 8% per year. Um intergovernmental revenue came in slightly under budget. Uh that was due to the um excise tax on cannabis sales. Uh none of that money was received in 2025. However, now that we're in 2026, we have received $313,000. Um that goes back from when we should have first received it through December of 2025. So, we're finally up to where uh the law said we should be. Um expenditures within the general fund, 82% of the budget. We expended 82% of the budgeted amount. Um this is a decrease at 7% in the prior year. Um kind of notable variances within uh the line items uh relative to the budget. Contractual services came in at 67% of the budget. It's because we have two large projects going on under contractual services including the land use and zoning study and uh the digitization of records. Um both of which were started in 2025 but neither of which has finished. So, um, and then we also saw capital improvements, uh, is in at 69% of the budget. Um, this is, uh, primarily the $500,000 that was set aside for, uh, matching share for a parks grant. Um, but we didn't get the grant, so obviously we didn't spend the 500,000. Um this uh exceeded last year's um uh number by a significant amount because of the $650,000 we spent on land along US35. Um police fund three uh revenues came in 3% over the budgeted amount uh and 5% more than the prior year. Um the only real revenue and and this affects a lot

of our uh accounts or a lot of our funds. Uh when you look at that other revenue generally comes in much higher than what we have budgeted. We budget very conservatively because we never know. It's made up primarily of property insurance refunds um from Miami Valley Risk Management Association and Bureau Workers Comp refunds. We can never predict exactly what those amounts are going to be. Especially with the MVMA side where they when they close a plan year, there's no more cases out there for that year. So they give you a refund of what money you had on reserve for that year. Well, we we can't predict how many plan years are ever going to close in a given year. So, um, streets have a a prevailing theme through all of the street, uh, funds in that we budget our revenues and expenditures based on when the grant is awarded. And so, in a lot of cases, what we're looking at is a grant that has a 25% match. Um, and we're budgeting not only our 25% but the state's 75% that they're contributing to this grant, but we're doing it in two years, maybe before that grant is ever, you know, finalized and or or the project is finalized. So, we're carrying these budget items on for a long time. We have a proposed solution that we're we're hoping to present to you in the future. not going to completely solve the problem, but will help address that time lag of when from when the grant is awarded to when the project actually starts and we start getting the on behalf payments and making payments. Um, parks pretty solid all year, 90 expended 90% of their budget. Uh, down nearly 3% compared to last year. Only significant variance they had with regard to the

budget is their capital outlay item. Um, and that's again an ADA improvement at the senior center that was started in 2025, but hasn't been completed. So, that will be completed in 2026. Uh, golf revenues are uh 3% over the budgeted amount, but they're down 26% compared to last year, and that's because we didn't transfer money to them this year or sorry, last year 25. Um, operating revenues are uh one 1.5% over last year. uh while the number of rounds were down 0.6% compared to the prior year their revenue was actually up 5% due to price the change in pricing structure. Um they expended 99% of their budget. Um also within the financial analysis is uh uh overtime analysis um and an investment schedule. Um, one of the concerns I know we're going to have to start contemplating on our investment schedule is um, liquidity is sudden may become much more important if property taxes are eliminated. Um, so we've scheduled a meeting with our investment advisor. We're going to talk about look I I can't have fiveyear instruments if I need the money in two years. And so um that that's something we will have coming up. Might hurt us a little bit. You know, gives us greater interest rate risk. We'll be tied more to what the current market is through something like a Star Ohio money market account. But liquidity is honestly more important than return if you read our investment policy. With that, I'm happy to answer any questions.

Questions? Motion move to accept the fourth quarter financial report. Second. Have a motion and a second to approve the fourth quarter financial report. All those in favor signify by saying I. I. Opposed. Next decision item is Ohio Parks Recreation Association membership for council member Bales. To be quite honest with you, mayor, I'm not sure why this is on the agenda. U I think it might I did not request this. Uh okay.

She's probably getting some mail for me. Okay. Okay. So, it's just your bill to give to you. Yeah. Personal bill. I thought it was open and given to me by you. Okay. I'll take it. We don't need we don't need to act on this for a minute for indefinitely. Indeely. Don't have to make any we don't have to. It was just on there. So there's not really anything. So we will move on to the next one.

Uh it wasn't that weird. The next one is support for the Dayton International Airport. Okay. So yeah, if you all recall um at budget time, we had a presentation in when was that Chris? Uh November. December. December. December. Yeah.

Um and we had added um some funding to the budget which was approved for the Dayton airport. If you remember, representative from the airport as well as Chris from the chamber came and one of the stipulations or questions I I better word is question that city council had asked me to ask the airport and along with Chris uh was about uh the investment because you remember well I'm sorry Vice Mayor Upton and Councilwoman uh uh Bills wasn't here. I think you may have been in the audience. because she was here. Uh but but yeah, it may have been. Yeah. Uh but it was about uh they were going around that to the different cities asking for the investment, how how the airport benefits the region and all the local jurisdictions and that with Chris, please stop me if I'm going off base here. Uh but with the acknowledgement and support of the local jurisdictions, they were would be able to get substantial fun other funding. Uh so this would be used as like seed money to get better much like what we do with our grants, right? We use our levy money to get uh cash matches. Uh so that was something that you know they had stated. Well, with that question was uh what that city council had for me to direct to uh Chris and the airport uh was what does the city get for as far as a little bit more tangible I I guess you could say there's a lot of intangibles that we sorry we just we can't measure necessarily maybe uh the uh Dayton Chamber could have or the airport itself could have more measurable um but what was stated to me and Chris Again, please correct me. One of these billboards, they're going to

buy, rent, whatever, and just one of the billboard boards will have all the local communities that supported uh the airport towards that would be on one billboard. Uh so, it's not like we get our own billboard. It's just and it could be for a year or longer. I if if you want Chris to say anything or Yeah. Chris, if you want to kind of clarify a things for us, if you don't mind, just state your name and address for the record.

Chris Kersner, president CEO, Dayton Area Chamber of Commerce, 8 North Main Street, uh downtown Dayton. So, yeah, we would what we were going to do is we have a lease agreement sitting on my desk uh that would uh lease one of these billboards. they have year contracts. So, our anticipation is to continue that, right, for as long as we hopefully can, but we'll be a free year contract in the beginning. We're going to put all the communities and businesses on there as well. Uh because this is really a public private partnership. Uh realizing how important the airport is and air services at the airport to driving economic development for all of our communities. Uh it's really a regional asset. So, we want to make sure we recognize that. Uh, and for those that weren't here before, um, we get a 4 to one match from Jobs Ohio for every dollar we raise locally to help incentivize new air service coming into the airport. So, we have a goal of raising $600,000 that that from the total community. That $600,000 unlocks $2.4 million from jobs Ohio gives us a $3 million total pool. So, I know the finance director was speaking earlier about return on investment. pretty good return on investment um when you can get a 4 to1 match and then we use that those dollars to help underwrite the risk for new air service development at the airport. Um unfortunately this is the way air service development is done now other communities are doing this to attract new air service. We want to make sure we are uh at the table fighting for what Dayton the Dayton community deserves.

Thank you. I think that clears everything. If we have any other questions, we'll certainly call it. Thank you, Mayor. Appreciate it. I do have a question for you. How close did you How are you? Did you meet your goal? Depending on tonight's meeting, we could exceed the goal this evening, but we are just under the goal right now. Um, so we're we're very close. Uh hopeful to be there uh uh here shortly. Thank you. Your honor, you need a motion to approve this. Hang on just any other input. I think it's a great idea. If you want to make a motion, it's up to you.

Yes, your honor. I'd move we'd uh support the Dayton International Airport funding. I think it was at $25,000. Yes. Second. And as budgeted. As budgeted. It is. It is budgeted. Absolutely. All right. I have a motion and a second to provide the $25,000 to Dayton Airport. All those in favor signify by saying I. I opposed. I

All right. The next item is uh MVRPC appointment. This typically would have be done in two weeks. Uh but Councilman Bales is our primary right now and Councilman Literal is our alternate. It was always the intent to switch that this year. We're asking to do that tonight, two weeks early, because there's an opportunity to apply for a an executive position there that we have to have the application in by Friday. So, we can't wait the two weeks for that to happen. Right. So, so the decision to appoint Councilman Literal as primary as a primary and Councilman Bales as the alternate.

Yes. I'll make that motion. Second. I have the motion and a second on the floor. All those in favor signify by saying I. I. Opposed. Fill out your application. Thank you. Okay. And I think that just to just to add a little context, I think that um the clerk or city manager should correspond with MBRPC like tomorrow to let them know that we've made that. I agree with you. And that's um so that it's not a surprise when David submits his uh application and and so on and so forth, right? No, I agree with that.

I mean, I would contact Brian Martin or or Savannah Diamond, his assistant. They're both kind of leading that charge, but I agree. That's a that's a good idea. Thank you. Yeah. Yeah. Yeah.

Okay. Uh now, we've reached that time in our schedule where we're going to do citizen comments. If you have anything you'd like to uh present to the council, you can come forward. State your name and address. You'll have three minutes. All right. Bob Trout, 2187 Basset Court. First comment that I have is in regard to stacking on the seven brew and the distance separation between vehicles. I'll get with you afterwards, but that's there's a reason that the military and contractors do stuff like that. So, we can educate you on that. Uh my comment tonight is on the January 20th, 2026 council member minutes. And this is regarding the community conversations that were in there. And we had two council members that made comments. It said that they that these community conversations that do not have agendas or anything else, it's more open forum for for the residents. But to read something along the lines, it turns into a complaining to the council and three or four guys took over the whole com uh the whole meeting. that is uncalled for because we were in there as private citizens able to address concerns that we have with the city and with events that are going on and people did that and I do make it a point to try and go to these things. So, I just want you to know that if you don't want to listen to what people have to say, you maybe you're not in the right position to be on the council. Thank you very much.

Thank you. Josh, you got anything? Since you're pretty much the last one here. So, all right. With that, I'll close the public portion or citizen comments and council time. Let's go with uh Councilman Literal.

Thank you, mayor. I'd like to begin. And I would like to thank the city again for the street sweeping cleaning out that they did. They did a phenomenal job this time. They even touch hit all those places that were that weren't looking too good from the previous giant pileup we had. Um even helped people out. I've seen a driver specifically helped some people out with the ends of their driveways on my street. So I want to say they did a fantastic job. Um, I would like to speak a little bit to the comments that um just made regarding the sitdowns with council. I I want to make certain that my comments are aren't misconstrued that I believe that these should be conversations. I just don't think they should turn into a a a situation to where it's completely one-sided and the council doesn't get the opportunity to speak. when it's just a group of people hollering at council because it's supposed to be a back and forth communication, questions and answers. And what I was concerned with is them turning into and devolving into an a almost a situation where you have to be thrown out of a business because you can't be there anymore. That's unacceptable. And that's that was the point I was trying to make. Um, and that's really all I have. Thank you.

Thank you very much, Councilman Der.

Thank you, mayor. I have the privilege of reading anniversaries and so uh there are nine names on the list. Uh the first is from public service. Gary Hulcom, six years. The remaining eight are all from the police department. Casey McCain, four years. Joe Dejardan, four years. Travis O'Neal, four years. Joseph Thcker, six years. Brittney Clauss, eight years. Ryan Stein, eight years. Cynthia Pley, 11 years. Tracy Kaufman, 27 years. Thank you all for your service uh to our community. And I would like to wish uh Mr. Briquette a belated happy birthday. So, uh congratulations. Thank you, Mayor.

Thank you, Councilman Curran. Yeah. Thank you, your honor. Again, uh I would echo the uh congratulations to the public works department and the people on the streets who did a magnificent job over these last several weeks uh allowing us to be able to get through a very challenging time. Also had an opportunity to stop by the Beaver Creek Women's League. Uh their speaker was a recycling type topic that they presented to the membership. Also stopped by your honors first Thursday. Look like you had a nice crowd. Thank you. That's it. Okay. Thanks, Council Bales.

Mr. Mayor, I only have one item and we kind of discussed it already, but last week I attended the Miami Valley Regional Planning Commission um executive committee as well as their regular board meeting. Um it was a fairly routine uh meeting uh with the exception of a lot of discussion on the vacant um second vice president position uh on the executive uh committee and as well as the caucuses that are going to take place at the next meeting in um March for the executive committee members. So, um I really appreciate council springing into action tonight um to kind of do the plan change for primary given that council member literal will be able to represent the council for far longer than I can. Um and I will be happy to attend uh the March meeting with Mr. literal to push for support in the caucus for him to remain on the executive committee and hopefully he can even obtain that second vice chair position. So that was uh really the big thing I wanted to talk about and I'm glad we moved it up in the agenda. So thank you council bills.

Thank you mayor. Um I also got to attend uh Beaver Creek Women's League and it was uh lovely. Um, Mara Blake did a great presentation on recycling and I think made it a lot easier for a lot of the residents uh that attended to know kind of how to do it the right way and not make more trouble for our environmental services department. Um, I also went to your first Thursday which was delightful and I hadn't had the chance to go into on par yet so that was fun. Uh the food was delicious. And then later that evening, I was able to go and support um the House of Bread with their Empty Bowls fundraiser that evening, which is delightful. And um even though that's kind of out in Montgomery County, these issues permeate all of our communities. Um and it's an excellent cause to support. I'd like to thank the plow crews again. Uh that can't be stated enough. So thanks for all they do. That's it. Thank you very much, Vice Mayor Upton.

Thank you, Mayor Adams. Uh, and in addition to all the thanks to the staff for the um, snow removal, I also want to put a plug in for our veterans banners. Uh, applications still being accepted. Please get those in when you can. Uh, but save me a spot because I got one I got to put in, too. So, there you go.

Okay. Well, thank you very much. Uh, I've got a few things here. It's hard to believe it's only been a week, but I've all got a whole list of things. Uh, but before I do that, the the the plow plowers out there, the guys running those plows, it's just amazing. I I've traveled to all over this area, Zenia, Fairborn, Dayton, everyone that I've spoken with said Beaver Creek had it down right. All the other cities had problems, but Beaver Creek got it right. So, thank you very much. and make sure you pass that along to uh the guys that are out there because I know it's not easy to do that with 17 14 to 17 inches of snow and below zero weather. So, we we really appreciate all of their efforts and all of your efforts with them. So, thank you for that. I was able to attend the Dayton Development Coalition annual meeting and awards lunchon along with uh assistant uh city manager Monica uh Jones. It was really informative listening to what DDC and jobs Ohio have done in 2025. But what was really interesting was the presentation by IBM. Uh they had they were in and you know IBM at one time was really a big company. They kind of went off for a little bit but they have really come back strong. Uh they got into talking about quantum computing which now was lost completely. I have no idea what they were talking about but apparently it's good but they know so that's what matters. Um, I was able to attend the Beaver Creek Chamber of Commerce lunch local at OnPAR. Uh, great opportunity to connect with several business members in the community. And then the first Thursday again on par. We had well over 100 people there from different companies, nonprofits. U in fact, the nonprofit that we highlighted was the Dayton Food Bank. So, it was uh I was really glad to be able to do that. Uh, and I know the V Creek Police Department hosted coffee with a cop at Kroger's and from what I could tell I couldn't make it there, but looks like they had a really great turnout. So, I had an opportunity to really uh interact with the citizens and I think uh I hope

you guys continue those because I think those are really good. On a personal note, I took my great-grandson to the dinosaur experience at the Dayton Convention Center over the weekend and uh I know city manager's wife says she wants to go, but she doesn't have a little to take. I said, "You don't have to worry about it. With all the people there, nobody will know. Nobody will know it."

Yeah, she is. But it was uh it was well worth it. I I really enjoyed it. My great-grandson just loved it. He was, of course, on the way home, he fell asleep, but uh that's okay. And then tomorrow morning, I need your prayers. I'm going to be meeting with the third grade classes at Fairbrook Elementary School, and I have asked them to come up with questions to ask me so that I can communicate back and forth with them. So, I've done this a few times and uh I think Councilman Der was with me once. I think Councilman Bails was too. And these kids come up with some really you think they're off the wall, but they're really un they're good questions. Make you really stop and think. So, I'm I'm looking forward to that. So, it should be should be a lot of fun. So, and that's all I had. So, city manager, it's up to you.

All right. Well, I too uh we we do pass along uh the comments to the crews for the public service. We absolutely do. Uh I've told them myself uh number of times and every time I see them, they have done an outstanding job. The only thing I'm hoping for is that this is the last time that we have to tell them this season that they've done such a good job. So, we can hope. But uh they they have done uh I think they're crying uncle you know on the snow so lot this year. Uh briefly real quick yeah veteran banner uh we have till March 31st. Um Jeff do we know how many spots have been taken?

32. So there's still plenty of spots. We have I think 62 61 62 spots total. 62 spots. So, we're about halfway there. Uh, please get them in. It is a great program. You get to take the banner home at the end of the year. Um, they actually survive the weather really, really well. So, they're good quality. So, that way you can hang it up in your I don't know, wherever you want to hang it up. Garage, pole, barn, house, basement, wherever uh to honor the loved one even after uh that. I have my dad's I got to figure out uh what to do with. Uh so, anyway, limited spots. uh get the application in on our website. You have a little bit of time to do so, but get it before all the spots are taken. Uh again, we still have plenty of snow. I guess we don't have to wait on snow. Uh actually, it's going to warm up this week um into the 30s. Uh so, and even warmer on one day. So, this snow is going to melt a little bit as far as be great packing weather. So, let's uh let's get this snowman or creature uh that can be made and get it to parks at beavercreek.gov by February 28th. So, you have till the end of the month, take the pictures and what we'll do is put up up on Facebook and then I think the pictures with the most likes uh wins the award and uh win a prize for the family. So, get that in and have a little bit of fun doing so. You talk about creativity and never know what's going to uh be done. There's been a lot of creative ones. Uh just a reminder that city offices will be closed this coming Monday in observation of the holiday uh for President's Day. So non-emergencies always contact 937-4261225 and always 911 if it's an emergency. Other than that, that's all I have.

Thank you very much. Uh Councilman Curran. Motion to adjurnn, your honor. Second. I have a motion and a second to adjurnn. All those in favor signify by saying I. I. We are adjourned. Thank you very much.