CITY OF HUBER HEIGHTS STATE OF OHIO City Council Meeting Regular Session September 11, :00 P.M.

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1 CITY OF HUBER HEIGHTS STATE OF OHIO City Council Meeting Regular Session September 11, :00 P.M. 1. Call The Meeting To Order - Mayor Tom McMasters 2. Invocation - Pastor Randy Griffith Of The Free Methodist Church At 6875 Old Troy Pike, Huber Heights, Ohio 3. Flag Ceremony - Wayne High School Junior ROTC Honor Guard 4. Pledge Of Allegiance 5. Roll Call 6. Approval Of Minutes A. City Council Meeting Minutes - August 28, 2017 B. City Council Special Meeting Minutes - September 1, Special Presentations/Announcements A. Huber Homes 60th Anniversary And Wayne Township/Huber Heights Historical Society Proclamation Presentation - Mayor Tom McMasters

2 B. Shearer Cemetery Restoration Project Presentation - Mrs. Pat Stephens, Historian And Past President, Wayne Township/Huber Heights Historical Society 8. Citizens Comments 9. Citizens Registered to Speak on Agenda Items 10. City Manager Report 11. Pending Business A. An Ordinance Establishing Chapter 343 Of Title Nine Of Part Three, Traffic Code, Of The Huber Heights Codified Ordinances To Set Forth Golf Cart Inspection Procedures And Permitting The Use Of Golf Carts On City Streets. (second reading) 12. New Business ADMINISTRATION Rob Schommer, City Manager A. An Ordinance Authorizing Advances And Transfers Between Various Funds Of The City Of Huber Heights, Ohio And Amending Ordinance No O-2251 By Making Supplemental Appropriations For Expenses Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2017 And Ending December 31, (first reading) B. A Resolution Authorizing The City Manager To Allow For The Purchase Of Portable Radios And Radio Equipment For The Fire Division In An Amount Not To Exceed $60,000. (first reading) C. A Resolution Authorizing The City Manager To Award A Contract For The Old Troy Pike And Waynetowne Boulevard/Merily Way Traffic Signal Modification. (first reading) D. A Resolution Authorizing The City Manager To Award Contract For The Installation Of Bus Shelters At Different Locations. (first reading) E. A Resolution Authorizing The City Manager To Enter Into A Contract For Preparation Of Engineering Plans And Specifications For The Design Of The Water Softening Addition Project. (first reading)

3 F. A Resolution Authorizing The City Manager To Enter Into An Amended Agreement With Ryan L. Brunk For Prosecution Services. (first reading) G. A Resolution Authorizing The City Manager To Purchase Outdoor Warning Sirens And Controls At A Cost Not To Exceed $31, For The City Of Huber Heights. (first reading) 13. Action Items / Future Agenda Items A. Action Items Tracking Form 14. City Official Reports and Comments 15. Executive Session 16. Adjournment

4 AI-5211 Minutes A. City Council Meeting Meeting Date: 09/11/2017 Approval of Minutes - 8/28/17 Submitted By: Anthony Rodgers Department: City Council Council Committee Review?: None Date(s) of Committee Review: N/A Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: N/A Information Agenda Item Description or Legislation Title City Council Meeting Minutes - August 28, 2017 Purpose and Background Approval of the minutes from the August 28, 2017 City Council Meeting. Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: There are no financial implications to this agenda item. Minutes Attachments

5 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, The Huber Heights City Council met in a Regular Session on August 28, Mayor Tom McMasters called the meeting to order at 7:00 p.m. 2. The Invocation was given by Pastor John Gakwaya of the Compassion Free Methodist Church located at 6875 Old Troy Pike, Huber Heights, Ohio. 3. Pledge of Allegiance 4. Roll Call Councilmembers present for this meeting were: Mayor Tom McMasters, Richard Shaw, Janell Smith, Tyler Starline, Mark Campbell, Glenn Otto, Nancy Byrge, and Ed Lyons. Mayor McMasters stated Council is all present and accounted for with the exception of Judy Blankenship. He entertained a motion to excuse her absence. Mr. Starline so moved; Mr. Shaw seconded the motion. On a call of the vote, Mrs. Smith, Mr. Starline, Mr. Campbell, Mr. Otto, Mrs. Byrge, Mr. Lyons and Mr. Shaw voted yea; none voted nay. The motion passes Approval Of Minutes A. City Council Meeting Minutes July 24, 2017 B. City Council Meeting Minutes August 8, Special Presentations/Announcements A. Montgomery County Human Services Renewal Levy Presentation Mr. Jeffrey Cooper, Co-Chair, Montgomery County Human Services Renewal Levy Committee. 7. Comments Mr. Jeffrey Cooper gave a PowerPoint presentation and said there are actually two Human Services levies - Levy A and Levy B. Levy B will be up for renewal in November, He said it is important to remember that this levy is a renewal and there is no tax increase. He said the major agencies that receive money from this Human Services levy involve public health services; alcohol, drug addiction and mental health services; children s services; senior services; and developmental disabilities services. He said human services agencies help to protect children from abuse and neglect, help children with developmental disabilities, help the elderly stay in their homes, help with drug addiction and mental illness as well as treatment and recovery services, and help unemployed individuals get the training and skills they need to get jobs. He said human services agencies also assist with environmental protections such as clean air, safe food, safe water, and preventing the spread of disease. He said Levy A and Levy B raise approximately $122 million per year to provide human services in Montgomery County and Levy B will be on the ballot in November, 2017 as a renewal. He asked for Council s support and endorsement of the levy if Council chose to do so. Mayor McMasters asked that the proposed resolution for endorsement of the levy be put on the agenda for discussion at the next Council Work Session. Mrs. Pat Stephens, 5612 Leibold Drive, spoke on the Wayne Township/Huber Heights Historical Society She said the restoration services company will begin the next phase of the project to restore the broken headstones at the Shearer Cemetery. 1

6 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, 17 She said the company will start at the west side of the cemetery to make sure that the Civil War soldier s headstone is one of the first ones to be restored. She thanked everyone for the support for this project. Mr. David Wilson, 6822 Watergreen Court, asked everyone to say a prayer for the people in Houston, Texas. He said Joanna Sells is organizing a local effort to send needed items to Houston and provided her phone number and said she also has a posting on Facebook. He said two of the City s firefighters were sent to Texas to lend assistance. He totally approves of this assistance and was interested in the details of that process - did the Mayor or Council have to approve that deployment or does the Fire Chief have the ability to do that? He thanked the Arts and Beautification Commission for putting on the Lego Batman Community Movie Night. He said it was a great community event and portrayed a positive image of the City. He said he has not heard anything lately about the Brandt Pike Revitalization Plan and he is concerned about it going stagnant. He asked if there are any updates and when the next meeting will be held. Mr. Schommer said the firefighters that went to Texas are part of Ohio Task Force One and when that task force is deployed, it pulls from a variety of fire departments in the region. 8. Citizens Registered to Speak on Agenda Items Clerk of Council Anthony Rodgers said there are a number of citizens registered to speak on Agenda Item 10-B. 9. City Manager Report City Manager Rob Schommer said the Kroger Aquatic Center s last day will be September 3, 2017 and the Doggie Day will be held on September 5, 2017 and residents can bring their dogs out for swim at the Kroger Aquatic Center. He said it was a great event last year. 10. Pending Business A. An Ordinance To Revise The City Code By Adopting Current Replacement Pages. (second reading) Clerk of Council Anthony Rodgers said this item is at the second reading. He said this is an ordinance to update the current replacement pages in the City Code for the period of January 1, 2017 through June 30, He said it is a bi-annual part of the codification process and the recommendation is to adopt this item tonight. Mr. Otto moved to adopt; Mrs. Byrge seconded the motion. On a call of the vote, Mr. Starline, Mr. Campbell, Mr. Otto, Mrs. Byrge, Mr. Lyons, Mr. Shaw, and Mrs. Smith voted yea; none voted nay. The motion passes 7-0. B. A Resolution Authorizing The City Manager To Enter Into A Settlement Agreement And Consent Order And Judgment In The Case Of Eco-Site LLC And T-Mobile Central LLC V. City Of Huber Heights Case No CV TMR In The United States Federal District Court For The Southern District Of Ohio Western Division And Take All Necessary Action As Required Under The Documents. (second reading) City Manager Rob Schommer said this item is at the second reading. He said this item is a settlement agreement as a result of a federal lawsuit that resulted from a Planning Commission denial decision regarding a cell phone tower. 2

7 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, 17 Mr. Otto moved to adopt; Mr. Shaw seconded the motion. Mr. Aaron Shank, 41 South High Street, Columbus, an attorney for Eco-Site, said he did not have a presentation this evening, but was present to answer any questions. Mr. Carl Liebig, 7780 Taylorsville Road, said in reading through the Planning Commission minutes, it seems that the settlement gives exactly what the companies asked for in the Planning Commission. He said it does not seem like the City has gained anything by settling this case. He said the second time this issue came to the Planning Commission, the applicant had already lowered the 180-foot cell phone tower and had already changed the foundation in order to try to mitigate damage to the water supply. He said there was no change between the second time it was approached for zoning and what the applicant is asking for in the settlement. He and his wife are concerned with the placement of the tower. He said Pastor Zimmerman said the City told him the tower had to be placed there. He said the Eco-Site representative said no it did not have to go there and he would speak to Pastor Zimmerman about not having it infringe on any of the surrounding properties. He said it sounds like there is a lot of confusion about who can actually say where the tower can be placed. He asked why does it have to be on his property line. Mrs. Leslie Liebig said there is confusion within the congregation because a church member mentioned to her that he sympathizes with her, but it is out of the church s hands and in T-Mobile s hands. She does not know if that is true or not but would like Eco-Site to clarify that matter. She said the Planning Commission minutes stated that the City said the tower could not be placed along I-70, but it was clarified at the last meeting that the City cannot tell companies where to put towers. She said Mr. Falkowski also reiterated that multiple times in the Planning Commission meeting and that is also in the lawsuit. She said there are lots of inconsistencies throughout the minutes and in the lawsuit and she thinks the City has that in its favor to use in the lawsuit because there is obviously a lie somewhere. She said one thing says there is a coverage gap along I-70 and then the Eco-Site representative says in the Planning Commission minutes that there is not a coverage gap along I-70. Mr. Carl Liebig asked what gives these companies the right to take away his land that he lawfully bought. He paid for it and when he bought this land, it was under no pretense that a tower was going to be built there. What gives these companies the right to say they are going to put this tower here and affect everybody around it. Mrs. Leslie Liebig said Council knows all the reasons why the people have been here to oppose this tower. She speaks on behalf of these people and thanked Council for voting no on the settlement because voting yes would set a precedent to the citizens that it is okay for a neighbor to infringe upon property rights, property values, safety, and the quality of life of the community. She hopes Council agrees with her that this is not okay. She thanked Council in advance for not agreeing to this settlement. Mrs. Smith said there was some discussions about the Liebig family and possibly the City Manager and the church having a private meeting to come to a resolution that was feasible for everybody. She asked if that meeting happened. Mrs. Liebig said no, they have not been approached by the City or by the church for a meeting. She and her husband approached Pastor Zimmerman last April about their opposition to the tower being placed on their property 3

8 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, 17 line and hoped to move it. He gave them the same answers that he gave on Channel 7 where he blamed the City for not being able to move it elsewhere. He said he has never seen her kids playing out there. She said her children are not old enough to play outside and she had just lost their third baby to a miscarriage and the Pastor was very insensitive to that at the time. She said he did not care and said he never sees her kids out there; but the Pastor s own son, granddaughter and great-grandchildren have been over to play with their goats in that same area. She said he did not seem very caring about the community in that regard. Mr. Schommer said he did reach out to the church regarding setting that meeting up and Pastor Zimmerman indicated that he did not see it necessary to have a meeting until such time that he would have a discussion and resolution with Eco-Site. He said members of Council and City Staff have been in contact with the family so there was no reason for just these parties to sit down to meet. He said the goal was to have the three parties meet but the church declined. Mr. Starline said the Planning Commission discussed certain changes but ultimately voted down the changes and so these changes are legally not required to be done by Eco-Site. He said Eco-Site filed a lawsuit and the City has been engaged in that lawsuit and part of the City s recent efforts were to negotiate terms for a settlement. He said the misunderstanding is that this Council has not negotiated anything. He said it was discussed at the Planning Commission a year ago and because the Planning Commission denied it, those conditions were not put in place. He said the two items are how the foundation is done and the height of the tower and both of those items that were discussed in the Planning Commission legally do not apply right now because that was not a decision affirmed by this Council. Mr. Lyons asked if the City got an opinion from legal counsel that specializes in the Federal Telecommunications Act. Mr. McDonald said yes he did and discussed this issue with the legal counsel for about 30 minutes and the counsel concurred with the opinion that a settlement would be an appropriate avenue for the City to take. Mr. Lyons asked if the Liebigs rights are fully exhausted as far as this agreement? Mr. McDonald said this agreement is between the City and Eco-Site; it is not with any other party; so he does not know what legal rights the Liebigs may have. He said the Leibigs could seek an attorney and find that out. Mr. Lyons said based on the fact that the Liebigs will lose about 42% of their property without being able to build a structure for human dwelling, he just cannot support this settlement with the property owners rights coming into question. Mr. McDonald pointed out that any other structure could go there, but a residential structure could not go there as long as the original house is there. He said should something happen to the original house, the property owners could seek a variance; there are alternatives. Mrs. Smith asked about this home being a historical house. Could the Leibigs live in that house while building a new house on the property? Mr. McDonald said with respect to the historical issue, that only comes into play in situations when there is a historic district or some kind of ordinance 4

9 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, 17 dealing with historic structures and how to deal with them which is not applicable here. Mrs. Smith asked if the Leibigs could live in that house while building a new house on that property? Mr. McDonald said it is not out of the question, but he cannot tell how the process would go. He said a case would have to be presented to either the Planning Commission or the Board of Zoning Appeals. Michelle Hesler, 7612 Mark Avenue, said she disapproves of this tower. Her concern is not only for herself, but for her neighbors. She is more disturbed that over 40% of her neighbor s yard is useless and asked why the fall zone is not on the church s property. She said now her property will have to be sold at a lower value when she decides to move. She found out about this issue eight months ago and it has been going on for a while. She asked why everybody in the neighborhood was not notified about this. She said the church is financially gaining from this tower so make it the church s responsibility to have it in its fall zone area. Eve Navarro, 7115 Mark Avenue, said her concerns are the RF emissions and how many other cell phone companies will hook up to that tower. She said these companies could come at all hours of the night to work on the tower. She said other concerns are the lights and the noise from the tower and the signs that are being put up say this tower is hazardous to your health. She said the FCC has determined that these are beyond recommended emissions; but what are the recommended emissions and why are these signs being put up if this tower is supposed to be safe? She does not think it is right that Eco-Site can put in a cell tower 337 feet behind her house. She said she is here for Leslie and Carl Liebig and thinks it is unfair that this location is the only spot Eco-Site can put the tower; there has to be another spot for it. She asked if anybody knows for a fact that these companies really looked at other sites. Mr. Campbell asked if the City participated in the settlement that is before Council? He asked if the City was aware of the location of the tower and that some residents wanted it relocated on the site? Mr. McDonald said he believes so from the Planning Commission and he said the fall zone is on the church s property. So as part of the negotiations, he said the City did not fully discuss moving it to the property. Mr. Campbell said he had asked if the City could reach out to T-Mobile and find out if it would be willing to move the tower and the answer was no because of price and time. He asked if the City could call upon them to move the tower. He said the City could help mitigate that possibly and might be willing to expedite any of the processes that would have to occur to allow for that move. Mr. Schommer said if that is what Council would like, Council can do special meetings in emergency situations to get projects done under specific timelines. He said the City has processes that it can use to accommodate that goal. Mayor McMasters said he is hearing that the City might be willing to put in some City money to mitigate some of the re-planning costs and asked how much money was being discussed. Mr. Campbell said a couple of thousand dollars. He said it cannot be that difficult to have the tower moved. He said the encroachment from the tower to the residence, as has been stated by the Leibigs, really does concern him. 5

10 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, 17 Mr. Lyons said he would be willing to support any path that might help show relief to the Liebigs. Mrs. Smith said she absolutely agrees with that avenue and added that one of the issues that the residents had was the impact on the wells. She said the City s infrastructure for the water stops about 300 feet away so could the City look into the cost to extend that water line out. Mr. Otto said he spoke to Mr. Falkowski about the cost of that tie-in and he thinks that would be a good solution to the water issue. He prefers to see the tower placed toward the center of the property. He said the City has no say in that because this is a private property matter and a private contract. Mr. McDonald said the only issue is does Council want to settle on these terms or not. He said the concept of putting money in to help with the costs sounds good, but he would have to check with the Finance Director. He said the last word that he had in talking with the parties was that moving the tower was not an option. He asked if Council wants to settle this case or go to court to make that decision. Mrs. Byrge said it was her understanding that Council moved this item to another reading so that the Law Director could have further discussions with the attorneys from Eco-Site. She said if Council withdraws the current motion and agrees to go forward with an additional reading, Council could have further discussions about moving the tower. Mr. McDonald said if Council votes yes to settle this matter, it will move towards a settlement and if Council says no then the City is not going to settle and the court proceedings will continue. He said if Council says it wants to put it off again, the other side can say no it is going to proceed with the court and if Council says it wants more time, the judge can say he is going to move this matter forward. He said the risk could be that the terms of the original application are approved by the court. Mr. Otto said he thought Council pushed this to another reading so that City Staff could attempt discussions with the church leadership for the tower movement and it appears to him that the answer from them was no. Mr. Schommer said there were some other follow-ups but that was the result of the discussion with the church. Mr. McDonald recommended that Council go into Executive Session to discuss pending or imminent litigation and perhaps invite the opposing counsel into the Executive Session to answer any questions. He said he is not comfortable addressing what the City s options are in a pending matter out in public. Mr. Starline moved to go into Executive Session to discuss pending or imminent litigation in this matter; Mr. Otto seconded the motion. Mrs. Smith asked for clarification with a 200-foot radius where there is no build, what if a freak accident happened and who is liable the City, the church, or the company? Mr. McDonald said it depends on who is at fault is it the design of the tower; is it because a tornado hits; it all depends. Mr. Starline said, for the record, he would like the two attorneys for Eco-Site and T-Mobile to be allowed to attend the Executive Session. 6

11 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, 17 Mrs. Smith asked if Council has the attorneys attend the Executive Session, why can the family that is directly involved not attend. Mr. McDonald said it is mostly because of settlement discussions and legal processes between the parties to the lawsuit and no decisions will be made. On a call of the vote, Mr. Starline, Mr. Campbell, Mr. Otto, Mrs. Byrge, Mr. Lyons, Mr. Shaw, and Mrs. Smith voted yea; none voted nay. The motion passes 7-0. The Executive Session commenced at 8:08 p.m. and concluded at 9:05 p.m. with no actions being taken by Council following the Executive Session. Mr. Otto then withdrew his motion to adopt. Mayor McMasters said he would like to have a City Council Special Meeting on Friday, September 1, 2017 at 4:30 p.m. to continue this discussion. C. An Ordinance Levying Renewed And Recalculated Assessments For A Period Of (9) Years Being The Remaining Term Of The Existing Street Lighting Contract To Pay For Approved Changes To Lighting Within The City. (second reading) 11. New Business City Manager Rob Schommer this item was discussed at the Council Work Session and this is the second reading. He said this item is a recalculation of the assessment of the street lights. He said street lights were added, rates changed, and the City had new LED lights installed. He said this item is for a period of nine years. He asked that this item be approved this evening. Clerk of Council Anthony Rodgers said there was also an amendment to this legislation presented to make this emergency legislation. He said it would be first necessary to amend the legislation as provided and posted. Mark Campbell moved to amend the legislation, Mr. Starline seconded the motion. On a call of the vote, Mr. Otto, Mrs. Byrge, Mr. Lyons, Mr. Shaw, Mrs. Smith, Mr. Starline, and Mr. Campbell voted yea; none voted nay. The motion passes 7-0. Mr. Starline moved to adopt; Mr. Otto seconded the motion. On a call of the vote, Mrs. Byrge, Mr. Lyons, Mr. Shaw, Mrs. Smith, Mr. Starline, Mr. Campbell, and Mr. Otto voted yea; none voted nay. The motion passes 7-0. ADMINISTRATION Rob Schommer, City Manager A. A Resolution Authorizing The City Manager To Waive Competitive Bidding Requirements And Accept Funding Awarded By Montgomery County Solid Waste District For Fiscal Year (first reading) City Manager Rob Schommer stated the finalization of the grant has been submitted through the Montgomery County Solid Waste District for two solar trash compacting style trash cans that Council discussed earlier. He said the County s grant will pay $9,766 and the City s match will be $4,185. He asked that this item be approved this evening. Janell Smith moved to adopt; Mr. Campbell seconded the motion. On a call of the vote, Mr. Lyons, Mr. Shaw, Mrs. Smith, Mr. Starline, Mr. Campbell, Mr. Otto and Mrs. Byrge voted yea; none voted nay. The motion passes

12 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, 17 B. An Ordinance Authorizing Transfers Between Various Funds Of The City Of Huber Heights, Ohio And Amending Ordinance No O-2251 By Making Supplemental Appropriations For Expenses Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2017 And Ending December 31, (first reading) City Manager Rob Schommer stated this item is the supplemental appropriations ordinance. He said there is a $2,325 transfer from the Capital Improvement Fund to the Parks and Recreation Fund to match donations for the pickleball project; $300 for Arts and Beautification expenses (matched by a donation); $64,750 in total increases to the 2017 Budget (matched by new revenues received); $7,000 for Senior Center HVAC maintenance; a $11,246 decrease in Fire Insurance Fund expenses; and $4,500 for the Cash Surety Fund (to match deposits). He asked that this item be approved this evening. Tyler Starline said this item was discussed at the Council Work Session and the recommendation is to adopt this item tonight. Mr. Starline moved to waive the second reading; Mr. Otto seconded the motion. On a call of the vote, Mr. Shaw, Mrs. Smith, Mr. Starline, Mr. Campbell, Mr. Otto, Mrs. Byrge, and Mr. Lyons voted yea; none voted nay. The motion passes 7-0. Mr. Starline moved to adopt; Mr. Campbell seconded the motion. On a call of the vote, Mrs. Smith, Mr. Starline, Mr. Campbell, Mr. Otto, Mrs. Byrge, Mr. Lyons, and Mr. Shaw voted yea; none voted nay. The motion passes 7-0. C. An Ordinance Authorizing The Execution Of A Master Lease-Purchase Agreement And Related Payment Schedule For The Purpose Of Acquiring An Emergency Medical Vehicle With A Horton 623 Type 1 Aluminum Body Conversion With Walk-Through Modification Emergency Medical Vehicle, Mounted On A 2018 Navistar 4300 Cab/Chassis Delivered In Accordance With The Ohio STS Pricing Schedule, And Declaring An Emergency. (first reading) City Manager Rob Schommer said this ordinance allows for a lease-purchase agreement through US Bank for the Fire Division s new medic. He said this item was discussed at the Council Work Session by the Finance Director. He said the delivery of the new medic is due for early September, He said this legislation is written as an emergency measure to take advantage of the rates. He asked that the second reading of the item also be waived. Mr. Campbell moved to waive the second reading; Mr. Lyons seconded the motion. On a call of the vote, Mr. Starline, Mr. Campbell, Mr. Otto, Mrs. Byrge, Mr. Lyons, Mr. Shaw, and Mrs. Smith voted yea; none voted nay. The motion passes 7-0. Mr. Campbell moved to adopt; Mr. Starline seconded the motion. On a call of the vote, Mr. Campbell, Mr. Otto, Mrs. Byrge, Mr. Lyons, Mr. Shaw, Mrs. Smith, and Mr. Starline voted yea; none voted nay. The motion passes 7-0. D. An Ordinance Establishing Chapter 343 Of Title Nine Of Part Three, Traffic Code, Of The Huber Heights Codified Ordinances To Set Forth Golf Cart Inspection Procedures And Permitting The Use Of Golf Carts On City Streets. (first reading) City Manager Rob Schommer stated this item was discussed at the Council Work Session. He said this legislation will allow for golf carts on City streets 8

13 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, 17 in a 25 mile per hour zone or less with other provisions and restrictions. He said it is recommended that this item be moved to a second reading for additional discussion. Glenn Otto said this item was discussed at the last Council Work Session and it was recommended that this item be passed to a second reading. City Attorney Gerald McDonald said golf carts are allowed on streets with a speed limit of less than 35 miles per hour. Mayor McMasters stated this item will be discussed at the next Council Work Session and moved to a second reading. E. A Resolution Authorizing The City Manager To Award A Contract For The Construction Of Fishburg Road Improvements. (first reading) City Manager Rob Schommer said this item was discussed by the City Engineer at the Council Work Session. He said this contract award is recommended to go to the lowest and best bidder which was Brumbaugh Construction at a cost not to exceed $400,000 for the project. He said that due to scheduling and other projects to maintain that price, it will bump this project out to early next year. Mrs. Byrge moved to adopt; Mr. Shaw seconded the motion. On a call of the vote, Mr. Otto, Mrs. Byrge, Mr. Lyons, Mr. Shaw, Mrs. Smith, Mr. Starline and Mr. Campbell voted yea; none voted nay. The motion passes 7-0. F. A Resolution Authorizing The City Manager To Solicit, Advertise And Receive Bids From Qualified Firms For The 2017 Stormwater Management Program. (first reading) City Manager Rob Schommer said this legislation will allow the City to solicit bids for the annual Stormwater Management Program. Ed Lyons said this item was discussed at the last Council Work Session and Council agreed to approve this item tonight. Mr. Lyons moved to adopt; Mrs. Smith seconded the motion. On a call of the vote, Mrs. Byrge, Mr. Lyons, Mr. Shaw, Mrs. Smith, Mr. Starline, Mr. Campbell, and Mr. Otto voted yea; none voted nay. The motion passes 7-0. G. A Resolution Declaring The Necessity Of Repairing Sidewalks, Curbs, Gutters, Driveway Approaches And Appurtenances Thereto On Portions Or All Of Certain Streets In The 2018 Sidewalk Program, Providing That Abutting Owners Repair The Same. (first reading) City Manager Rob Schommer said this legislation is for the annual Sidewalk Program for He said the areas in need of repair have been identified and in order to get notice to the residents in a timely manner, he asked that that this item be approved this evening. Richard Shaw said this item was discussed at the Council Work Session and the recommendation is to adopt this item tonight. Mr. Shaw moved to adopt; Mr. Campbell seconded the motion. On a call of the vote, Mr. Lyons, Mr. Shaw, Mrs. Smith, Mr. Starline, Mr. Campbell, Mr. Otto, and Mrs. Byrge voted yea; none voted nay. The motion passes

14 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, 17 LEGAL DEPARTMENT Gerald McDonald, Law Director H. An Ordinance Amending Certain Sections Of Chapter 737 Of Part Seven, Business Regulation Of The City Code Of Huber Heights, And Declaring An Emergency. (first reading) City Manager Rob Schommer stated this item is the solicitation ordinance that was discussed by Mr. Starline and Mrs. Blankenship. Law Director Gerald McDonald said in review of the ordinance by some of the practical users of it, it was discovered that the ratio of one adult for every two minors was not workable. He said he reviewed some similar type of provisions in the Ohio Revised Code and determined that a ratio of one adult for every six minors may be more appropriate. He said it was also discovered that the renewal of the license for every 14 days may be better served to be 30 days to cut down on staff time as well as the inconvenience of those people who wish to obtain the license. He said this ordinance incorporates those two changes. He said Council was asked to pass this legislation as an emergency so that everyone will be in compliance with the law. Mrs. Smith moved to waive the second reading; Mr. Shaw seconded the motion. On a call of the vote, Mr. Shaw, Mrs. Smith, Mr. Starline, Mr. Campbell, Mr. Otto, Mrs. Byrge, and Mr. Lyons voted yea; none voted nay. The motion passes 7-0. Mr. Shaw moved to adopt; Mr. Starline seconded the motion. On a call of the vote, Mrs. Smith, Mr. Starline, Mr. Campbell, Mr. Otto, Mrs. Byrge, Mr. Lyons and Mr. Shaw voted yea; none voted nay. The motion passes Action Items / Future Agenda Items A. Action Items Tracking Form Mrs. Smith said she would like to bring up the street banners initiative at the next Council Work Session. She has some additional information and concerns. She then said a resident in Carriage Trails asked if she was aware that Carriage Trails Parkway was going to be changed down to one lane in each direction to make room for a bike lane. Mayor McMasters said Council has discussed painting lines to make it obvious that it is two lanes or painting lines for bike lanes, but he does not believe that the Engineering Department has made a decision on that matter. Mr. Schommer said there was a discussion that the curbside lane would have a bike lane painted within it; however, the input that the City received from the residents after that discussion has all been in opposition and the residents do not want that change. He said there has not been any movement towards this change because there was no other real interest. Mayor McMasters said Council also talked about the speed limit. He said everybody wants a 35 mph road to be policed at 35 mph or 40 mph and not let traffic go exceptionally higher than that limit. He said all of those points came up in a discussion about six months ago. Mr. Shaw said he would like to have a discussion regarding a resolution to enter into an agreement in partnership with National League of Cities regarding the service line warranty program. He said he has read-ahead information available regarding research comparisons with other home warranty programs and the cost savings that 10

15 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, 17 would be given back to the residents as well as additional communications from Mr. Chambers from the warranty program. Clerk of Council Anthony Rodgers said there are a few Action Items that have been on the list for some period of time, but he pushed back the dates until the end of the month. Mayor McMasters said Council will wait until the dates expire on these Action Items. He asked Mr. Schommer if he would look at those Action Items from his office and let Council know if he needs extended time or if the Action Items could come off the list. Mrs. Smith asked if Council could have a tornado siren update and an update on The Heights development and the 2025 Plan. Mayor McMasters said it was just a couple of meetings ago where Fire Chief Mark Ashworth said the City got approval for three tornado sirens. He said Chief Ashworth was going to come back and tell Council the plan for implementing those three sirens. Mr. Schommer said it was the preliminary awards for that grant and the finalization of it through Montgomery County Emergency Management. He said the three locations for the tornado sirens were Thomas Cloud Park, Gary Sherman Park and Shullgate Park. As Chief Ashworth finalizes that project, he said City Staff will bring that back for legislation to make the purchase of the tornado sirens, but the City is not to that point yet. Mayor McMasters asked if Rob Schommer has made contact with the developer of The Heights? Mr. Schommer said yes and he will get some new information from the developer. Mrs. Byrge asked if the City s Boards and Commissions Handbook was updated yet and are new City Charter booklets available. Clerk of Council Anthony Rodgers said yes, the City s Boards and Commissions Handbook was approved by Council. He was waiting for an update on the application form which he just got last week. He said some changes on the application form were made to be consistent with some legal requirements on the employee application form. He said the next step is to have those handbooks printed and available. He said City Staff also talked about having a plan of doing some type of training on the City s Boards and Commissions Handbook with all the current members of the City s boards and commissions to bring everyone up to speed on the new handbook. He said the new handbook would also be part of the introduction/ orientation to new members of the City s boards and commissions as well. He said he has the master copy of the new City Charter booklets done and he will be getting new City Charter booklets printed in the very near future. Mayor McMasters asked about the status of the Public Records Technician employee. Mr. Rodgers said, after several false starts, he thought there were a couple of good candidates and when the background checks returned on the applicants, it fell apart there. He said City Staff did some additional interviews about three or four weeks ago and identified a potential candidate. He said this candidate is undergoing the background check process through the Police Division and he is awaiting the results of that process. When that background check comes back, hopefully positively, he will come back to Council to see if Council would like to have some input into that hiring decision or meet with that candidate or to just proceed with the hire. 11

16 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, City Official Reports and Comments Mr. Shaw said, in light of the new information supplied tonight, he asked the Clerk of Council to move the National League of Cities presentation to the September 22, 2017 Council Work Session. He said the Ward 1 meeting has been rescheduled to September 23, 2017 from 10:00 a.m. until 11:00 a.m. at the Sweet Home Restaurant and it is an open community meeting for everyone. Mrs. Smith said she sent information about an arts grant to the Clerk of Council and he disseminated it to everybody. She thinks this is something that the City might want to look into or give to the Arts and Beautification Commission. She said there is a timeline so quick action is needed. She thanked all of the volunteers and everybody that came to National Night Out. She thanked the sponsors, the businesses that got involved, and Officer Savard. She said this is the third year for the National Night Out and hats off to those involved they did a phenomenal job! She thanked the Arts and Beautification Commission for a very successful movie night. She dressed up - what a lot of fun! She reminded everybody that this was the last movie night of the year. Yesterday, she held the Kindness Rocks Painting Project and it was so successful. She had people waiting to sit at the tables and it was non-stop from 2:00 p.m. until 4:00 p.m. and they painted well over 100 rocks. She said everybody wants to do this again so she is asking if the City could partner with other people in the community like the Huber Heights Senior Center. She thanked the YMCA and Andi Otto for assistance with the events. She said the residents would like to know if the City could do another one in a couple of weeks before Halloween and have a Halloween theme. Mayor McMasters said the City needs to make sure that when telling people to hide the rocks, not to hide them in the grass like in an Easter Egg hunt. He said the rocks should be out in the mulching areas. Mrs. Smith said the rock painting events are done in at least a dozen other countries and Huber Heights made the Kindness Rocks page with a shout-out to Huber Heights. She said the event was a lot of fun and brought a lot of positive feedback. She said it would be really nice to challenge other municipalities and put Huber Heights rocks in surrounding cities and counties. Mr. Starline said he appreciated the Montgomery County Human Resources Levy presentation. He sees a good number of those constituencies that need the ongoing assistance. He said Honor Flight is scheduled for September 2, 2017 at the Dayton Airport with a welcome home celebration for veterans to recognize them for serving this country. He said this flight will have 95 veterans and will arrive between 10:00 p.m. and 10:30 p.m. and people can park in the short-term parking garage and many times you do not have to pay. He said Frontier Technology is the company that funded the entire flight for the veterans. He thanked Pat Stephens of the Wayne Township/Huber Heights Historical Society for her exciting information. He thanked the Arts and Beautification Commission for the Community Movie Night with Lego Batman. He said one of the K-9 officers found out about the super-hero movie so he brought a real life super-hero Adu. He wished Judy Blankenship a safe trip back and wished everyone a happy Labor Day holiday. Mr. Campbell had nothing further this evening. Mr. Otto echoed the sentiments of the others. He said the City has had a lot of great events recently and congratulations to all. Mrs. Byrge had nothing further this evening. Mr. Lyons said he is praying for the residents in southern Texas, the first responders, and all the volunteers - may God be with them. 12

17 Huber Heights City Council In Council Chambers 6131 Taylorsville Road August 28, Executive Session There was no need for an Executive Session this evening. 15. Adjournment Mayor McMasters adjourned the Regular Session Council Meeting at 9:47 p.m. Clerk of Council Date Mayor Date 13

18 AI-5222 Minutes B. City Council Meeting Meeting Date: 09/11/2017 Approval of Minutes - 9/1/17 Submitted By: Anthony Rodgers Department: City Council Council Committee Review?: None Date(s) of Committee Review: N/A Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: N/A Information Agenda Item Description or Legislation Title City Council Special Meeting Minutes - September 1, 2017 Purpose and Background Approval of the minutes from the September 1, 2017 City Council Special Meeting. Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: There are no financial implications to this agenda item. Minutes Attachments

19 Huber Heights City Council In Council Chambers 6131 Taylorsville Road September 1, The Huber Heights City Council met in a Special Session on September 1, Mayor McMasters had not arrived yet, so Glenn Otto called the meeting to order at 4:38 p.m. 2. Pledge of Allegiance 3. Roll Call Councilmembers present for this meeting were: Richard Shaw, Janell Smith, Tyler Starline, Mark Campbell, Glenn Otto, Nancy Byrge and Ed Lyons. Judy Blankenship was not present. Mr. Starline made a motion that Mr. Otto serve as the de facto Presiding Officer for this meeting until Mayor McMasters arrives who is running late. Mr. Campbell seconded the motion. On a call of the vote, Mrs. Smith, Mr. Starline, Mr. Campbell, Mr. Otto, Mrs. Byrge, Mr. Lyons, and Mr. Shaw voted yea; none voted nay. The motion passes Citizens Comments There were no citizens comments this evening. 5. Citizens Registered to Speak on Agenda Items Clerk of Council Anthony Rodgers said there is one citizen registered to speak on Item 7-A. 6. City Manager Report City Manager Rob Schommer had nothing further this evening. 7. Pending Business A. A Resolution Authorizing The City Manager To Enter Into A Settlement Agreement And Consent Order And Judgment In The Case Of Eco-Site LLC And T-Mobile Central LLC V. City Of Huber Heights Case No CV TMR In The United States Federal District Court For The Southern District Of Ohio Western Division And Take All Necessary Action As Required Under The Documents. (third reading) City Manager Rob Schommer said, after the last meeting, there were follow-up discussions in a conference call between the attorneys for both sides. City Staff were present as well. He said the information was summarized by Law Director Gerald McDonald and brought back to Council. He said the information is included and was distributed at part of the meeting packet. Barring any potential additional amendments or changes to the terms therein that the Council may come up with through this discussion, he said that is all the information he has to submit at this time. Mr. Lyons said, before a motion is made, it does not look like there is enough support on Council for the 20-foot amendment. He said if Council wants to go forward with this amendment, the members of Council need to be aware of that fact. Law Director Gerald McDonald reminded Council that it would have to approve the amended resolution. Clerk of Council Anthony Rodgers said an amended version was distributed and the only part that he is unclear about is the three pages that were provided 1

20 Huber Heights City Council In Council Chambers 6131 Taylorsville Road September 1, 17 today and how these three amended pages fit into the amended Exhibit B. He said the amendments need to be clarified for Council. He said there are the amendments that were noticed and advertised and distributed as part of the meeting packet and there are the three additional amended pages to Exhibit B which were received earlier today. Mr. McDonald said Exhibit B contains the plans for this tower and one of the sections talks about the survey being included, but there was not a survey included because the applicant did not have the revised survey yet. He said this revised survey (the amended three pages) would be what is being included in there. He said the City definitely wants to include this revised survey as part of the amendment to Exhibit B. He said the reason it was not in the meeting packet was because it took a little more time to get it. Mr. Rodgers said that what is before Council for consideration deals with the amendment to the original legislation and Exhibits A and B that were reviewed and discussed at the first and second readings on this legislation. He said an amended resolution, an amended Exhibit A, and an amended Exhibit B which also includes the addition of the amended three pages that were received today makes up the total documents for amendment by Council. He said if Council wants to consider the amendments, the next step would be to make a motion to amend based on the amendments provided and distributed to Council. Mr. Otto said before anyone makes a motion to approve those amendments, Mr. Lyons pointed out that others may wish to offer up amendments themselves. Mr. Lyons said that would have to be a discussion. He said not knowing what the opinions are of Councilmembers individually, he cannot speak to that point; that would have to be an open discussion on where Council would need to move it to get the votes to pass this legislation. Mr. Lyons then said talking with the Liebigs, their number was 130 feet which would be west in moving the tower closer to the center of the church property. Mr. Lyons said Council will need five votes to make an amendment. Mrs. Smith concurred with Mr. Lyons. Mr. Starline said he sees no benefit to an amendment other than what has been negotiated. He does not understand the legal benefit to seeking out another number of feet because he is not convinced that the amendment is prudent. Mr. Shaw made a motion to go ahead and amend the current settlement agreement to amend the resolution and Exhibits A and B with what has currently been published and noticed as the amended resolution and Exhibits A and B to move forward. Mrs. Starline seconded the motion. Mr. McDonald said technically Council is not amending the settlement agreement because that would require an agreement. He understands what the goal is here, but what Council has before it was whether or not to authorize the City Manager to execute the settlement agreement. He would think the motion would be to authorize the City Manager to execute the settlement agreement provided the agreement is amended to read whatever it is. Mr. Rodgers said Council would need a motion to amend the resolution and Exhibits A and B as presented. Mr. McDonald said he was confused about which amendment Council was talking about. He thought the motion was for the 130 feet. 2

21 Huber Heights City Council In Council Chambers 6131 Taylorsville Road September 1, 17 Mr. Shaw said this is the amendments that were in the meeting packet and provided to Council. Mr. Lyons said to Mr. Shaw that he knows that this item is not going to pass tonight and asked Mr. Shaw if that was his intention. Mr. Shaw said he has no idea until the Council vote occurs. Mr. Starline said Mr. Lyons seems very convinced of that fact. He asked Mr. Lyons if he polled or engaged in discussions with at least a majority of Councilmembers to know that vote outcome or is he basing that on the fact that he is aware of a vote count less than the majority with absences. Mr. Lyons said his answer is very simple - this is the support of Council. He can sit here and listen to what people say, but this is not good policy for the dais to vote something down that Council knows is not going to go. He said if that is the will of the leadership on this Council, then he completely understands. Mr. Otto said Council has been given certain concessions and he is not sure Council will get further concessions. Mrs. Leslie Liebig, 7780 Taylorsville Road, said when she read about the 20 feet this morning, she thought it was a joke; twenty feet when talking about a 180-foot cell phone tower is negligible. She is not exactly sure what numbers she should be going by. In the Eco-Site packet, if she adds the 338 feet from the west property line to the tower plus the 39 feet from the tower to the east property line that is 367 feet. She said the Montgomery County Auditor s map says the church s property is about 535 feet wide so there is a discrepancy of about 180 feet. She said someone needs to go back and look at those numbers. If the church s property is 535 feet wide, the whole 200-foot radius can sit on the church s property so the church could get paid and take full responsibility if something happens with that tower. She said everyone would be laughing at the City if Council agrees to the settlement. When this all started, she said the agent from Eco-Site presented the application at the Planning Commission and many residents came and talked about their concerns. She said one of those concerns was ground water and the Planning Commission asked Eco-Site to do a soil sample. She said, a couple of months later, the agent brought the soil sample test to the Planning Commission meeting and this is where Eco-Site brought back the numbers of 179 feet versus 180 and had already made the concession of 11 feet. She said the big change was that the foundation went to a concrete pad and Eco-Site made that change because it noticed that this is something that needed to be dealt with to avoid possible legal actions later on. She said T-Mobile is smart enough that no matter what happens going forward if it builds the cellular phone tower there, it is going to keep the foundation pad. She said if the neighbors have to have the tower, just make the church take the responsibility. She said there is a cellular phone tower on Tim Hart s property and the City had him move it toward the center of the property. She appreciates everyone saying no to the 20 feet change. She said if this goes to the judge and the City loses, the neighbors have lost 20 feet. She hopes T-Mobile would go back to the church and give them the money and build the tower in the middle of the property. Mayor McMasters arrived at 4:56 p.m. Mr. Carl Liebig said his concern is the fall zone. He said the original fall zone was going to be 200 feet and then it was shrunk to 90 feet by an Eco-Site representative. Last week, he said it was shrunk to 20 feet and Eco-Site said that this tower would collapse onto the church s property. Today, Eco-Site 3

22 Huber Heights City Council In Council Chambers 6131 Taylorsville Road September 1, 17 added an additional 20 feet so that the fall zone would lie entirely on the church s property. As he calculated it, that margin of error is approximately 70 feet and that gives a fall zone of 59 feet plus or minus 71 feet. Mr. Liebig added that he has a PhD in Physics. Mr. Otto said the 200-foot measurement is not a fall zone measurement; that is the setback measurement in the City s Zoning Code. He said he agrees that a lot of this decision falls into the church s hands. Mrs. Smith asked Mr. Liebig, because he has a PhD in Physics, to explain how a tower could collapse within itself within a 20-foot fall zone how is that concept possible? Mr. Liebig said he does not know how a 180-foot tower could collapse into a 20-foot area. Mr. McDonald said the Montgomery County Auditor s website does show 535 feet on the church property and it is in parentheses which means that it is part of a lot split. He said the website does not measure that particular parcel so it is combined with the parcel next to it. He said the 535 feet would be whatever the highlighted parcel is plus the 159 feet next to it which means that this parcel is approximately 367 feet which would be consistent with the Eco-Site survey. He believes the survey is correct and that would be the reason why. Mr. Starline said there is no good answer to this situation and he finds it concerning when people accuse others of being bullies. He does not understand why the church did not talk with all the parties directly. He has not heard any arguments based on the law from the Liebigs or the neighbors and it would have helped if the neighbors had a legal advisor. He said he will vote no on everything that is in front of Council; sometimes it just needs to go to court and let the judge decide it. Mr. Lyons asked if there was a change in the footage what number would be acceptable to the Liebigs. Mr. Liebig said it would be 130 feet. Mr. Starline asked if there is anything other than the 20 feet that the Eco-Site party could give. The attorneys present for Eco-Site said the 20 feet was the last and best offer; the best Eco-Site could do was move the tower 20 feet to the west. On a call of the vote to amend, Mr. Otto and Mr. Shaw voted yea. Mr. Starline, Mr. Campbell, Mrs. Byrge, Mr. Lyons, Mrs. Smith voted nay. The motion fails 2-5. Mr. Rodgers said Council now has the original settlement to vote on and either take that vote to adopt or Council could make a motion to postpone action indefinitely and basically kill the legislation. Mr. Starline made a motion to adopt the resolution as it was originally presented to the Council without any of the amendments. Mr. Shaw seconded the motion. On a call of the vote, none voted yea. Mr. Campbell, Mr. Otto, Mrs. Byrge, Mr. Lyons, Mr. Shaw, Mrs. Smith, and Mr. Starline voted nay. The motion fails

23 Huber Heights City Council In Council Chambers 6131 Taylorsville Road September 1, New Business Mrs. Smith thanked the representatives of Eco-Site and T-Mobile for coming to the meeting. She said this entire process has been very disappointing and she is very upset about this issue. Mr. Otto said he hoped for the best for these folks. There was no New Business this evening. 9. Executive Session There was no need for an Executive Session this evening. 15. Adjournment Mr. Otto adjourned the Regular Session Council Meeting at 5:16 p.m. Clerk of Council Date Mayor Date 5

24 AI-5229 Special Presentations/Announcements A. City Council Meeting Meeting Date: 09/11/2017 Huber Homes 60th Anniversary Proclamation - Wayne Township/Huber Heights Historical Society Submitted By: Department: Anthony Rodgers City Council Council Committee Review?: Council Work Session Date(s) of Committee Review: N/A Audio-Visual Needs: SmartBoard Emergency Legislation?: No Motion/Ordinance/ Resolution No.: City Council Agenda Item Description or Legislation Title Information Huber Homes 60th Anniversary And Wayne Township/Huber Heights Historical Society Proclamation Presentation - Mayor Tom McMasters Purpose and Background Mayor Tom McMasters will be presenting a proclamation to the Wayne Township/Huber Heights Historical Society in recognition of its work in commemorating the 60th anniversary of Huber Homes. Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: Proclamation Presentation Attachments

25 City of Huber Heights Mayoral Proclamation WHEREAS, the Wayne Township/Huber Heights Historical Society has worked to bring awareness to the 60 th anniversary of Huber Homes in 2017 with a pictorial timeline, the Charles Herbert Huber Story, and exhibits and events commemorating this anniversary; and WHEREAS, Charles H. Huber, using money earned from a housing development in Kettering to move north, purchased 200 acres of land along Old Troy Pike at what is now Leston Avenue in a strictly rural community with less than 2,000 residents and no water, sewer, or gas utilities; and WHEREAS, Huber Homes opened in 1957 with three model homes along Old Troy Pike and over 28,000 people attended the grand opening of Huber Homes; and WHEREAS, Huber Homes sold houses rapidly due to the cost, location, and all brick homes; and WHEREAS, Charles H. Huber not only built houses; he built a community. When purchasing land, he envisioned what a community needed and what was suitable for an area (such as a location for a shopping center, gas station, schools, and parks) and made sure land was provided for these amenities; and WHEREAS, Charles H. Huber built his own utility company on Needmore Road which was the first housing development to have a privately-owned utility in the State of Ohio; and WHEREAS, as sections of Huber Homes sold quickly, there was no more room in the one school in the community (Titus School then Wayne School) so Charles H. Huber provided 40 houses in each neighborhood to use for school classrooms referred to as Little Brick Schoolhouses ; and WHEREAS, the citizens of Wayne Township voted to become a city in January, 1981 and voted later that month to name the city as Huber Heights which continued to grow into a community of 38,000 plus residents today. NOW, THEREFORE, I, Tom McMasters, Mayor of the City of Huber Heights, Ohio do hereby recognize the work and efforts of the Wayne Township/Huber Heights Historical Society to document, acknowledge, and commemorate the: 60 th Anniversary of Huber Homes

26 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Huber Heights to be affixed this eleventh day of September in the Year of Our Lord, Two Thousand and Seventeen. TOM MCMASTERS MAYOR

27 Charles Herbert Huber Developer of Huber Homes

28 Charles was the son of Herbert Charles Huber, a home builder in Dayton in the early 1930 s. During Charles s teenage years, his father started a training program that had been started for his son, even without Charles realizing it. Herbert turned over several building lots and told him that he was now in business for himself. Charles became President of his own company at the age of 27, in 1958.

29 The first task was bringing the utilities to Wayne Township. Thus, Charles purchased land on the North/West area of Needmore & Old Troy PK, and soon, the first privately owned utility company in Ohio was born.

30 Looking into the future for shopping, churches and schools

31 Charles built 2000 homes in Kettering, and started to move north, to Wayne Township, an area that other builders ignored and thought was worth nothing but agricultural land. The Planning

32 Other builders in the region referred to this idea as Huber s Folly. This was farm country and there was no water and sewer utilities, the community had been a rural farm area since the early 1800 s and had made very little change.

33 Section #1 of Charles plan. The ground was cleared and using a bulldozer, the future streets were laid out, ready for open house and future buyers to select their building lot.

34 This photo speaks for itself 1958 opening over 28,000 in attendance

35 The Little Brick Schoolhouse Soon Wayne School was too small, and no time to build, Mr. Huber provided several homes for class rooms. Most were red brick houses. Thus the Little Brick Schoolhouse. While the School Board looked at high school problems, a total of 40 Huber homes served elementary students until schools were completed.

36 Kitty Hawk School 1959

37 For the first time, Wayne Township had RTA bus service. Prior to this, the nearest stop was at Troy St. near Leo St.

38

39 As you can see the community was growing at a rapid pace

40 Charles always remembered his father s motto, build a house that people want, at a price they can pay.

41 This is just the beginning of the story that began 60 years ago, of a young man named Charles Huber and the City that bears his name. What started out with 200 acres of farm land, within a matter of 5 years, 5 schools were built. And a rural township of less than 2000 people has turned into a city of 35,000 with 5 elementary schools, a massive high school, a Jr. Hi School and a Catholic School. A community that only had 1 church, 2 small grocery stores, and the Snack Shop, now has shopping to fit all needs, restaurants and churches of every denomination and more. This would have, most likely, not have happened, if a young Charles Huber had not taken a risk to build his own utility company and purchase that farm on Old Troy Pike.

42

43 AI-5231 Special Presentations/Announcements B. City Council Meeting Meeting Date: 09/11/2017 Shearer Cemetery Restoration Project Presentation - Wayne Township/Huber Heights Historical Society Submitted By: Department: Anthony Rodgers City Council Council Committee Review?: Council Work Session None Date(s) of Committee Review: N/A Audio-Visual Needs: SmartBoard Emergency Legislation?: No Motion/Ordinance/ Resolution No.: N/A Agenda Item Description or Legislation Title Information Shearer Cemetery Restoration Project Presentation - Mrs. Pat Stephens, Historian And Past President, Wayne Township/Huber Heights Historical Society Purpose and Background Mrs. Pat Stephens of the Wayne Township/Huber Heights Historical Society will give a PowerPoint presentation and update on the Shearer Cemetery Restoration Project to City Council and the public. Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: No file(s) attached. Attachments

44 AI-5212 Pending Business A. City Council Meeting Meeting Date: 09/11/2017 Operation of Golf Carts In City Submitted By: Maria Beisel Department: Police Division: Police Council Committee Review?: Council Work Session City Manager Date(s) of Committee Review: 07/05/2017 and 08/08/2017 and 08/22/2017 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: Agenda Item Description or Legislation Title Information An Ordinance Establishing Chapter 343 Of Title Nine Of Part Three, Traffic Code, Of The Huber Heights Codified Ordinances To Set Forth Golf Cart Inspection Procedures And Permitting The Use Of Golf Carts On City Streets. (second reading) Purpose and Background This agenda item was initially requested by the Police Division for a discussion regarding the operation of golf carts in the City. A proposed ordinance to permit the operation of golf carts on City streets under certain conditions has been attached for review and discussion. Citizens have spoken in favor of allowing the operation of golf carts on City streets and have advocated that Council approve legislation to allow the operation of golf carts on City streets. Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: N/A Ordinance Attachments

45 CITY OF HUBER HEIGHTS STATE OF OHIO ORDINANCE NO O- ESTABLISHING CHAPTER 343 OF TITLE NINE OF PART THREE, TRAFFIC CODE, OF THE HUBER HEIGHTS CODIFIED ORDINANCES TO SET FORTH GOLF CART INSPECTION PROCEDURES AND PERMITTING THE USE OF GOLF CARTS ON CITY STREETS. WHEREAS, the State of Ohio has statutes allowing municipalities to establish under-speed vehicle inspection procedures in the interest of protecting public health, safety and welfare for under-speed vehicles most commonly known as golf carts upon certain roadways; and WHEREAS, residents of the City have voiced interest in the ability to operate golf carts on City streets where permitted by law upon inspection of such vehicles. NOW, THEREFORE, BE IT ORDAINED by the City Council of Huber Heights, Ohio, that: Section 1. Chapter 343 of Title Nine of Part Three, Traffic Code, of the Huber Heights Codified Ordinances, shall be titled Golf Carts. Section 2. Section shall read as follows: Definitions: A golf cart is a motor vehicle as the term is defined under O.R.C (B). This section may also apply to other under-speed vehicles at the discretion of the Chief of Police based on the definitions set forth in the Ohio Revised Code, as amended from time to time. Section 3. Section shall read as follows: Restrictions: No person shall operate a golf cart on the streets within the City of Huber Heights unless the golf cart has first passed an inspection by the Chief of Police or designee for compliance with the State of Ohio s requirements that are applicable to motor vehicles and such golf cart contains all equipment required by this Ordinance. Section 4. Section shall read as follows: Equipment: A list of equipment required for safe operation by the Ohio Revised Code Chapter 4513 shall be maintained at the Police Division, and shall include: a) Two working headlights. b) At least one working taillight and one working brake light. c) Directional signals. d) A rearview mirror. e) A white light illuminating the rear license plate legible from a distance of 50 feet. f) A working horn. g) Windshield made of glass or safety glass. h) Two license plates; one in the front and one in the rear; bracketed to the cart. i) One seat belt per occupant. Section 5. Section shall read as follows: Licensing Requirements of Operator: a) No person who is less than 16 years of age shall operate a golf cart on the streets of the City. b) The operator of a golf cart on permitted streets within the City must hold a valid current motor vehicle driver s license. c) No person who is the owner or operator of a golf cart shall fail to display, in plain view on the front and rear of the golf cart, the distinctive number and registration mark, including any county identification sticker and any validation sticker.

46 Section 6. Section shall read as follows: City Inspection: a) No person shall operate a golf cart on the streets within the City unless the golf cart has been inspected for compliance with the State of Ohio statutory requirements that are applicable to motor vehicles and the Codified Ordinances of the City entitling the owner or operator to secure a title and license for the golf cart. b) The owner of the golf cart shall provide proof of insurance at the time of inspection. Section 7. Section shall read as follows: Usage and Restrictions; Waiver: a) No golf carts shall be permitted to travel on any City street where the speed limit is greater than 25 mph. Golf carts will be permitted to cross intersections with higher speeds, so long as they remain on a street that has a posted speed limit of 25 mph or less. b) Occupants of golf carts shall be seated at all times on the seat of the golf cart buckled by the seat belt when the golf cart is on and in motion. Standing on any portion of the golf cart while it is in motion is prohibited. c) Any child who falls under the child restraint criteria set by Ohio R.C is prohibited from being a passenger in a golf cart operated on any City street, right of way, or public area in the City of Huber Heights. Children less than four years old and/or less than 40 pounds, are required to be in safety seats. Children less than 8 years old and under 4 feet, 9 inches in height are required to be in booster seats. d) No person shall operate a golf cart on sidewalks. e) Golf carts must be operated in accord with all State of Ohio traffic laws in addition to all applicable sections of the City of Huber Heights Codified Ordinances. f) The provisions of this section may be waived during a limited period of special events for which the operators of golf carts have received prior approval for the use of golf carts from the City s Chief of Police or designee. Section 8. Section shall read as follows: Penalty: Whoever violates the provisions of this Chapter is guilty of a minor misdemeanor on a first offense. On a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; and for subsequent offenses within one year after the first offense, the person is guilty of a misdemeanor of the third degree. Section 9. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of the Ohio Revised Code. Section 10. This Ordinance shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights. Passed by Council on the day of, 2017; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Mayor Date Date

47 AI-5224 New Business A. City Council Meeting Meeting Date: 09/11/ Supplemental Appropriations Submitted By: Jim Bell Department: Finance Division: Accounting Council Committee Review?: Council Work Session Date(s) of Committee Review: 09/05/2017 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: City Manager Agenda Item Description or Legislation Title Information An Ordinance Authorizing Advances And Transfers Between Various Funds Of The City Of Huber Heights, Ohio And Amending Ordinance No O-2251 By Making Supplemental Appropriations For Expenses Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2017 And Ending December 31, (first reading) Purpose and Background The supplemental appropriations are for the following purposes: - $84,000 Advance to Capital Improvement Fund from Gasoline Tax Fund as front money for RTA bus shelters. - $21,000 Transfer to Capital Improvement Fund from Gasoline Tax Fund for RTA bus shelters (city portion). - $500 for Arts and Beautification expenses (matches donation received). - $2,900 for replacing Senior Center phone system. - $125,000 for Water Capital projects identified by Suez Water for remainder of year.. - $185,000 for large water valve replacement program and cleaning residual basin..- $55,000 for Shull Road pump repair and other Sanitary Sewer capital projects identified by Suez Water for remainder of year. Fiscal Impact Source of Funds: Various Funds Cost: $472,900 Recurring Cost? (Yes/No): No Funds Available in Current Budget? (Yes/No): Yes Financial Implications: Ordinance Attachments

48 CITY OF HUBER HEIGHTS STATE OF OHIO ORDINANCE NO O- AUTHORIZING ADVANCES AND TRANSFERS BETWEEN VARIOUS FUNDS OF THE CITY OF HUBER HEIGHTS, OHIO AND AMENDING ORDINANCE NO O-2251 BY MAKING SUPPLEMENTAL APPROPRIATIONS FOR EXPENSES OF THE CITY OF HUBER HEIGHTS, OHIO FOR THE PERIOD BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31, WHEREAS, supplemental appropriations for expenses of the City of Huber Heights must be made to reflect advances and transfers and for appropriations of funds for various 2017 operating and project funding. NOW, THEREFORE, BE IT ORDAINED by the City Council of Huber Heights, Ohio that: Section 1. Authorization is hereby given to advance and transfer certain monies up to amounts not exceeding those shown and for the purposes cited in Exhibit A, and such authorization applies to any and all such transfers necessary and effected after January 1, Section 2. Ordinance. Ordinance No O-2251 is hereby amended as shown in Exhibit B of this Section 3. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of the Ohio Revised Code. Section 4. This Ordinance shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights. Passed by Council on the day of, 2017; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Mayor Date Date

49 EXHIBIT A Advances: Amount Fund From Fund To Purpose $ 84, Gasoline Tax 406 Capital Imp RTA bus shelters front money Transfers: Amount Fund From Fund To Purpose $ 21, Gasoline Tax 406 Capital Imp RTA bus shelters City portion

50 EXHIBIT B AMENDING ORDINANCE NO O-2251 BY MAKING APPROPRIATIONS FOR EXPENSES OF THE CITY OF HUBER HEIGHTS, OHIO FOR THE PERIOD BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31, Section 1 of Ordinance No O-2251 is hereby amended to reflect increases in the appropriations of the #101 General Fund, as follows: a. Subsection f) Community Services, Operations and Capital of $ b. Subsection n) Information Technology, Operations and Capital of $2, Section 3 of Ordinance No O-2251 is hereby amended to reflect an increase in the appropriations of the #203 Gasoline Tax Fund, Advances of $84, and Transfers of $21, Section 27 of Ordinance No O-2251 is hereby amended to reflect an increase in the appropriation of the #406 Capital Improvements Fund, Operations and Capital of $105, Section 36 of Ordinance No O-2251 is hereby amended to reflect increases in the appropriations of the #501 Water Fund, as follows: a. Subsection e) Finance, Operations and Capital of $125, Section 38 of Ordinance No O-2251 is hereby amended to reflect an increase in the appropriation of the #504 Water Utility Reserve Fund, Advances of $185, Section 40 of Ordinance No O-2251 is hereby amended to reflect increases in the appropriations of the #551 Sewer Fund, as follows: a. Subsection b) Finance, Operations and Capital of $55, General Fund $3, Gasoline Tax Fund $105, Capital Improvements Fund $105, Water Fund $125, Water Utility Reserve Fund $185, Sewer Fund $55,000.00

51 AI-5225 New Business B. City Council Meeting Meeting Date: 09/11/2017 Purchase of Radios - Fire Division Submitted By: Department: Mark Ashworth Fire Council Committee Review?: Council Work Session Date(s) of Committee Review: 09/05/2017 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: City Manager Agenda Item Description or Legislation Title Information A Resolution Authorizing The City Manager To Allow For The Purchase Of Portable Radios And Radio Equipment For The Fire Division In An Amount Not To Exceed $60,000. (first reading) Purpose and Background The Fire Division has budgeted for the replacement of portable radios and radio equipment in an amount not to exceed $60,000 for The radio system equipment will be purchased directly from Motorola which is on the State of Ohio Procurement Bid Schedule and also a sole source vendor for the Huber Heights Fire Division. The new equipment will replace 2008 radios that will no longer be serviceable in Fiscal Impact Source of Funds: Fire Capital Fund Cost: $60,000 Recurring Cost? (Yes/No): No Funds Available in Current Budget? (Yes/No): Yes Financial Implications: Monies have already been budgeted for the 2017 fiscal year. Resolution Attachments

52 CITY OF HUBER HEIGHTS STATE OF OHIO RESOLUTION NO R- AUTHORIZING THE CITY MANAGER TO ALLOW FOR THE PURCHASE OF PORTABLE RADIOS AND RADIO EQUIPMENT FOR THE FIRE DIVISION IN AN AMOUNT NOT TO EXCEED $60,000. WHEREAS, the Fire Division is replacing aging portable radios and radio equipment to be purchased directly from Motorola; and WHEREAS, Motorola is a sole source vendor for the Huber Heights Fire Division and the cost will be at State of Ohio Term pricing; and WHEREAS, the Fire Division has budgeted for this purchase within the 2017 year. NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that: Section 1. In accordance with Section 10.05(b)(1) of the City Charter and the City s purchasing procedures, Council hereby waives the requirements to formally bid radios and radio equipment provided by Motorola as a sole source vendor and approves the purchase of radios and radio equipment provided by Motorola for the Huber Heights Fire Division in an amount not to exceed $60, Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of the Ohio Revised Code. Section 3. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights. Passed by Council on the day of, 2017; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Mayor Date Date

53 AI-5226 New Business C. City Council Meeting Meeting Date: 09/11/2017 City Manager Waynetowne Boulevard/Merily Way and Old Troy Pike Traffic Signal Modification - Award Contract Submitted By: Hanane Eisentraut Department: Engineering Division: Engineering Council Committee Review?: Council Work Session Date(s) of Committee Review: 09/05/2017 Audio-Visual Needs: None Emergency Legislation?: Motion/Ordinance/ Resolution No.: Agenda Item Description or Legislation Title Information A Resolution Authorizing The City Manager To Award A Contract For The Old Troy Pike And Waynetowne Boulevard/Merily Way Traffic Signal Modification. (first reading) Purpose and Background This legislation will authorize the City Manager to enter into a contract with Capital Electric Line Builders, Inc as the lowest and best bidder to install an eastbound dual left turn at the intersection of Old Troy Pike and Waynetowne Boulevard/Merily Way to alleviate the significant left turn delays. The cost of this improvement shall not exceed $70,000. Fiscal Impact Source of Funds: Capital Fund Cost: $70,000 Recurring Cost? (Yes/No): No Funds Available in Current Budget? (Yes/No): Yes Financial Implications: Bid Tabulation Resolution Attachments

54

55 CITY OF HUBER HEIGHTS STATE OF OHIO RESOLUTION NO R- AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE OLD TROY PIKE AND WAYNETOWNE BOULEVARD/MERILY WAY TRAFFIC SIGNAL MODIFICATION. WHEREAS, City Council under Resolution No R-6527 has previously authorized the securing of bids for the Old Troy Pike and Waynetowne Boulevard/Merily Way Traffic Signal Modification project; and WHEREAS, construction bids were received on August 18, 2017; and WHEREAS, there are adequate funds available to cover the cost of this work. NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that: Section 1. The City Manager is hereby authorized to enter into a contract for the Old Troy Pike and Waynetowne Boulevard/Merily Way Traffic Signal Modification project with Capital Electric Line Builders, Inc. as the lowest and best bidder at a cost not to exceed $70, on the terms and conditions as substantially set forth in the specifications of the contract. Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of Ohio Revised Code. Section 3. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights. Passed by Council on the day of, 2017; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Mayor Date Date

56 AI-5227 New Business D. City Council Meeting Meeting Date: 09/11/2017 RTA Bus Shelters - Award Contract Submitted By: Hanane Eisentraut Department: Engineering Division: Engineering Council Committee Review?: Council Work Session Date(s) of Committee Review: 09/05/2017 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: City Manager Agenda Item Description or Legislation Title Information A Resolution Authorizing The City Manager To Award Contract For The Installation Of Bus Shelters At Different Locations. (first reading) Purpose and Background This legislation will authorize the City Manager to enter into a contract with L. J. Deweese Co. as the lowest and best bidder for the installation of RTA bus shelters at different locations throughout the City at a cost not to exceed $105,000. The City of Huber Heights has applied through RTA Community Grant Program and has received funding for the construction of this project and 80% of the project cost will be reimbursed from the grant. Fiscal Impact Source of Funds: and RTA Grant Cost: $105,000 Recurring Cost? (Yes/No): No Funds Available in Current Budget? (Yes/No): Yes Financial Implications: Bid Tabulation Resolution Attachments

57

58 CITY OF HUBER HEIGHTS STATE OF OHIO RESOLUTION NO R- AUTHORIZING THE CITY MANAGER TO AWARD CONTRACT FOR THE INSTALLATION OF BUS SHELTERS AT DIFFERENT LOCATIONS. WHEREAS, the Miami Valley Regional Transit Authority provides for the allocation of funding in the form of grants through its RTA Community Grant Program for the purpose of promoting transit-related planning and development in Montgomery County; and WHEREAS, City Council under Resolution No R-6526 has previously authorized the solicitation of bids for the installation of bus shelters at different locations in the City; and WHEREAS, construction bids were received on August 18, NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that: Section 1. The City Manager is hereby authorized to enter into a contract for the installation of bus shelters at different locations in the City with L. J. Deweese Co., Inc. as the lowest and best bidder at a cost not to exceed $105, on the terms and conditions as substantially set forth in the specifications of the Request For Proposals (RFP). Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of Ohio Revised Code. Section 3. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights. Passed by Council on the day of, 2017; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Mayor Date Date

59 AI-5228 New Business E. City Council Meeting Meeting Date: 09/11/2017 Water Softening Addition - Award Design Contract Submitted By: Hanane Eisentraut Department: Engineering Division: Engineering Council Committee Review?: Council Work Session Date(s) of Committee Review: 09/05/2017 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: City Manager Agenda Item Description or Legislation Title Information A Resolution Authorizing The City Manager To Enter Into A Contract For Preparation Of Engineering Plans And Specifications For The Design Of The Water Softening Addition Project. (first reading) Purpose and Background City Staff solicited a Request For Qualifications (RFQ) from various engineering firms regarding the design of the Water Softening Addition Project. City Staff analyzed these responses and selected AECOM as the most qualified firm for this work. This legislation will permit the City Manager to enter into a contract with AECOM at a cost not to exceed $1,100,000 for the design of the Water Softening Addition Project. Fiscal Impact Source of Funds: Loan Cost: $1,100,000 Recurring Cost? (Yes/No): No Funds Available in Current Budget? (Yes/No): Yes Financial Implications: Proposal Recommendation Resolution Exhibit A Attachments

60 City of Huber Heights Water Softening Consultant Recommendation The City staff has reviewed the Request For Proposals (RFP) for the Water Softening Design Consultant for the proposed work at the Water Treatment Plant on Rip Rap Road. The RFP was advertised in the paper, advertised at the local plan holder s office, and it was placed on the City s website. It was also sent out to seven large engineering consulting firms that the City staff felt were capable of designing this type of project. These firms all showed previous interest in submitting a proposal for this project. Five of the firms returned the proposals by the given deadline. Each proposal was submitted with two sealed envelopes, one with their written design proposal and the other with their cost proposal. Three members of the City staff (Russ Bergman, Scott Falkowski, and Hanane Eisentraut) each reviewed all five proposals individually. After completing the reviews, it was decided to interview three of the consultants separately to help make a final choice. The interviews were then set up and conducted over a two week period. All three City staff members attended the interviews along with three members of the Suez staff (Ben Roe, Jeff Smith and Jeff Van Meter) to form the interview team. Each consulting firm brought in their own staff members that they had chosen to work on the project. Below is the Interview Scoring Sheet that we used to score each consultant at the conclusion of the interview process. The scores given are an average score of all six of our individual scores. Consultant Interview Scoring Sheet No. ITEM Total AECOM Arcadis Burgess & Niple Value 1. Firm Information 2. Qualifications Key Personnel Similar Projects Technical Approach TOTALS

61 The score sheet revealed that AECOM did the best job overall at presenting their scope and understanding of the project. As shown in the scoring sheet, they demonstrated a scoring advantage in four of the five items judged (Qualifications, Key Personnel, Similar Projects and Technical Approach). Five members of the AECOM staff attended the interview and all five were very knowledgeable in the different areas of design and construction services that they will be performing for this project. In their proposal, AECOM presented numerous membrane treatment projects that they have designed in Ohio (20) and throughout the country. They have designed over 70% of the membrane plants in Ohio including the four largest plants in the state. They provided engineering consulting for the reverse osmosis (nanofiltration) membrane softening plant in Tipp City approximately 10 years ago. The Vice President of their water treatment division, Rob Shoaf, was in attendance and he reviewed their technical approach to the project. Rob is a professional engineer with 25 years experience in designing water treatment plants and has worked on more than 45 membrane projects with approximately 20 completed designs. He is also a Class III water supply operator and he will be the Project Manager for our project. During their proposal preparation, AECOM performed some preliminary critical water quality testing of the existing filter effluent to determine if improvements were needed to the existing plant to accommodate the new membrane process. He provided an in depth understanding of our current treatment plant issues and how we need to handle these issues to help increase the plant capacity. He also showed ways to adjust the recovery rate of the nanofiltration process to also provide more capacity to the plant upon the completion of the water softening upgrades. He discussed cost savings measures that they could incorporate into our design that were discovered while designing and constructing previous projects. The two other consultants that we interviewed were Arcadis and Burgess & Niple. The proposals submitted by these companies were also complete and very informative. Both companies offered an excellent project approach and ideas for designing the new facility. Either of these companies could provide a good design for the project but we felt that AECOM s knowledge and experience with the filtration process provided them with a significant design advantage over the other consultants. We opened the sealed envelopes that contained each consultant s fee schedule for the design. The fees for each consultant are as follows: Total Fee AECOM $961,000 Burgess & Niple $1,226,786 Arcadis $1,299,800 Prime AE $1,695,012 CDM Smith $1,750,000

62 After the three interviews were completed, the interview team analyzed the scoring sheets and the fees proposals for each consultant. We were all in full agreement that AECOM submitted the best and lowest proposal. We believe that they have a thorough understanding of the existing water plant and will provide detailed plans that will be acceptable to the City, EPA, and to the contractor. For these reasons, we would like to recommend AECOM as the consultant to design the Water Softening Upgrade to the Water Treatment for the City of Huber Heights.

63 CITY OF HUBER HEIGHTS STATE OF OHIO RESOLUTION NO R- AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR PREPARATION OF ENGINEERING PLANS AND SPECIFICATIONS FOR THE DESIGN OF THE WATER SOFTENING ADDITION PROJECT. WHEREAS, it is necessary to obtain outside engineering services to design the Water Softening Addition Project to the Rip Rap Road Water Treatment Plant; and WHEREAS, it is necessary to complete engineering plans and specifications for the design of the Water Softening Addition Project; and WHEREAS, AECOM has been determined to be the most qualified firm for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that: Section 1. The City Manager is hereby authorized to negotiate and enter into a contract for engineering plans and specifications for the design of the Water Softening Addition Project in substantially the form as the contract attached hereto as Exhibit A at a cost not to exceed $1,100, with AECOM. Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of Ohio Revised Code. Section 3. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights Passed by Council on the day of, 2017; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Mayor Date Date

64 EXHIBIT A

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82