OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Dayton City Commission Meeting – August 21, 2025

City CommissionThursday, August 21, 2025
BodyDayton, Ohio
SessionCity Commission
DateThursday, August 21, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:06

The Dane City Commission meeting will now come to order.

0:09

Please rise for the invocation and remain standing for the Play of Allegiance.

0:13

This evening, the invocation will be given by Commissioner Shaw.

0:18

Dear God, may the freedom you give us be used wisely, so that what we seek will be for the good of all.

0:26

We ask this in your name.

0:27

Amen.

0:28

Amen.

0:30

Pledge of allegiance to the flag of the United States of America.

0:37

One nation, under God, individual liberty and justice.

0:50

Mayor Mims.

0:51

Aye.

0:51

Commissioner Joseph.

0:53

Shaw.

0:53

Hi.

0:54

Turner Slot.

0:55

Hi.

0:56

May I have a motion to approve the minutes from the August 13th meeting?

1:01

So moved on.

1:02

Second motion, it's been probably moved and seconded to approve the minutes from the August 13th meeting.

1:07

All in favor say aye.

1:08

Aye.

1:08

All opposed say no.

1:10

Okay.

1:10

Black She, do we have any communications or petitions?

1:13

There are none, Your Honor.

1:14

Okay.

1:15

I know we do have a presentation this evening.

1:17

So I'd like to invoke uh invite excuse me, Miss Sidney Billingsley to the podium along with the Reverend Derek Diller Stone this evening.

1:28

And Miss Billingsley will be uh receiving a proclamation for her exemplary deed of heroism.

1:41

Hello.

1:47

From the office of the mayor, the city of Dayton, Ohio, whereas we, the neighbors, family and friends of Sydney Billingsley, our proposal worker acknowledged the exemplary deed of heroism she showed on June 8th, 2025 by helping to save the life of Antonio Anderson, one of the customers she delivers to.

2:11

I, Reverend Daria Dillard Stone, the servant, would like to pause to show love and appreciation for her big heart of compassion.

2:20

There are still there are still good people amongst us, no matter what people do or don't do.

2:27

The blood of Jesus covers us all, and the blood still works.

2:32

And whereas Sydney Billing Slee took the time to call 911 while she administered first aid to the wounds he sustained, showing herself to be a citizen who cares about all human beings, regardless of creed or color, this group or zip code.

2:51

Everybody is everybody.

3:19

Do hereby complain proclaim August 20th, 2025 as Miss Sidney Billingsley Day in Dayton, Ohio.

3:28

And it is signed by the mayor and is fixed with the city seal.

3:43

Thank you.

3:43

Thank you so much.

3:45

Okay.

3:45

Uh yes, Miss Dillard Slone, would you please explain the circumstances around the proclamation?

3:52

On that day, a young man was shot eight times, and a bullet, one of the bullets entered my home, and I had missed the bullet by like 20 minutes and it missed my head.

4:07

Miss Billingsley was delivering the mail, heard him say help.

4:12

And because she had had some training in first aid, I think you would find you had trained to be a fire.

4:18

Fireman.

4:20

She knew she put her hand on one arm, leg on another, and three places, and was able to stop, put pressure on three of the wounds.

4:31

That saved his life.

4:32

He had eight bullets in him.

4:34

That young man is still alive.

4:37

He is taking, he's rehab.

4:39

Yes.

4:40

This is his cousin.

4:41

This is my brother who's dating his cousin.

4:48

It's a family affair.

4:49

Family affair.

4:50

Yeah.

4:52

And uh I just thought we cannot let that go undone like it was just one everyday thing that just happened.

5:00

She could have said ain't none of my business.

5:02

But she saw something, she said something, and she did something.

5:08

And she saved a life.

5:10

So I just wanted to say thank you.

5:18

She was just the male lady.

5:20

But when you look at people and you get to know people, you know that people care about other people.

5:25

And I know for a fact that he is he his he's alive.

5:30

And that means God's got something for him to do because you don't live and survive eight bullets without a mission.

5:36

There's a mission for him to do.

5:38

So I thank you for seeing the the uh magnitude of the importance of that life to recognize that citizen and to recognize the citizen that saved that citizen.

5:49

Okay, and uh thank you for the call.

5:51

So if you would just hold on, I think we'd like to come down and get a handshake or a hug or something.

5:57

Yes save someone's life that's very important for us.

6:00

Thank you so much.

6:01

Thank you.

6:02

Thank you.

6:03

Thank you.

6:03

They're gonna come down and hug us.

6:16

I hope so now I think I have been on TV before.

6:26

Oh you got a person.

6:29

Oh, it's the husband.

6:37

Yeah, you have to do that.

6:44

Congratulations.

6:46

That's a lot of things.

6:48

It does.

6:51

It does.

6:52

Thank you for viewing.

6:56

Thank you.

6:57

Hope things go well.

6:59

Excellent.

7:00

Good.

7:03

Congratulations to you.

7:07

Yes, ma'am.

7:08

They're gonna get working on the Tony.

7:23

My buddy, yeah.

7:32

How do you want us to be first?

7:33

You want to give me a little bit.

7:35

Oh, yeah.

7:40

But let a thank you for making it happen.

7:42

I want to acknowledge you.

7:43

You're behind the scenes, but thank you, baby.

7:45

Thank you.

7:46

Thank you, Raven.

7:56

Thank you all so much.

8:56

Okay, back to business.

8:58

Ms.

8:58

Blackshire, are in addition to deletions or coming to the calendar.

9:01

Yes, Your Honor.

9:02

I would like to request the addition of a legislation pertaining to the public hearings at the desire of the commission.

9:09

And I would like to also request the addition of emergency resolution number six eight eight three-two five.

9:18

Resolution declaring it necessary to levy a tax in excess of ten miles limitation for the purpose of placing the hospital levy on the ballot in accordance with the City of Dayton charter and declaring an emergency.

9:36

Okay.

9:36

That's all I have, Your Honor.

9:38

All right.

9:40

So Miss Dixon.

9:42

Additions, deletions, or comments to the calendar.

9:45

I have no uh additions or deletions to this evening's calendar.

9:49

I have a couple of items to highlight.

9:51

Uh one is items C5 and six, revenue to the city of $75,000 each.

10:00

These are service agreements with uh Dayton Public Schools, Dayton Board of Education for our support to the first responder career tech programs that uh we uh provide instruction to in hopes of having uh being able to diversify our uh police and fire department in regards to emergency resolution six eight eight three-25.

10:27

I'd like to call forward Barbara Dosek, our law director, to walk through uh a brief um summary of the resolution for you.

10:39

Okay.

10:44

Good evening, Mayor, Commissioner, City Manager, and clerk, as indicated by the city manager Barb Dosekeeping Law.

10:50

Um before you and added to the calendar this evening is a resolution of necessity.

10:56

Um this is in reference to the citizen initiated petition for a municipal hospital.

11:01

We as you recall, there was a um citizen initiated petition asking voters to increase their property taxes to fund a city-run hospital.

11:11

As you're aware, a majority of the commission did not vote in favor of the proposal and it failed on a two to two vote on July 23rd, 2025.

11:20

Our charter does provide the ability and opportunity for citizens to obtain an additional 1,250 signatures.

11:28

They do have to be new signatures, which means they cannot be individuals who have signed the previous petitions.

11:34

If those signatures are obtained within 20 days, the charter is clear, the initiative shall go to the ballot.

11:40

So after the vote on the 23rd, the clergy community coalition did pass additional petitions.

11:46

We just learned from the Board of Elections, they were successful in obtaining an additional 1,250 signatures.

11:53

So what happens now?

11:55

Um we know that the issue must go forward to the voters.

11:59

Unfortunately, the charter does not provide any additional procedural steps.

12:03

However, we do know that the initiative petition requires a prop property tax levy.

12:09

Again, we're seeking to increase property taxes, and therefore revised code chapter 5705 would control.

12:16

That chapter of the revised code requires a host of technical requirements prior to this being able to go to the ballot.

12:23

Before you this evening is that first requirement, the resolution of necessity.

12:28

What that resolution does is direct the county auditor to create a certificate of estimated property tax revenue.

12:36

We direct the auditor to do that because we're asking for an additional mill over a 10-year period.

12:41

The auditors the auditor certifies that to us.

12:45

We then provide we must accept, excuse me, the certified copy at a commission meeting.

12:51

So we pass this resolution this evening, direct the county auditor to create the report.

12:55

Once we receive the report, we have to accept it at a commission meeting, and then we have to at that point in time pass a resolution to proceed, which I would recommend we do next week because of the timeline.

13:06

That resolution to proceed goes to the Board of Elections and is what actually places it on the ballot.

13:12

Um it's before you this evening as an emergency because of the tight timeline.

13:16

We do not have additional time.

13:18

The charter provides that anything can be certified prior to our general election by 60 days, which for the November 4th election takes us to September 3rd.

13:28

So we need to pass both this resolution of necessity and the resolution to proceed prior to the September 3rd date, which is why it's before you this evening as an emergency.

13:39

Because the charter was not clear, because we've not done this before.

13:43

Um, I want to first highlight two things.

13:45

My staff, because we've turned this around at about 24 hours, so specifically John Musto and Alyssa Shriner were rock stars for us to be able to get this done.

13:53

I also want to take this opportunity to say thank you to the Board of Elections and the County Auditor, because they were very helpful in helping us get this and actually reviewed the resolution prior to me presenting it to you this evening.

14:04

Okay.

14:05

A lot of information.

14:07

Questions?

14:07

Right.

14:08

So if I can do it the very very uh briefly, maybe the Cliff Note version.

14:12

Okay.

14:12

So the the County as well as the uh County Auditor.

14:17

Yes.

14:17

As well as the Board of Elections.

14:19

They require this uh document to be certified by determining how much money is going to cost the citizen should they vote yes.

14:30

Yes.

14:31

So the auditor's office requires the resolution of necessity, directing them to create the certified report.

14:37

The Board of Election requires that we present both the resolution of necessity, the certified report, and then the resolution to proceed to them prior to them placing it on the ballot.

14:46

So, yes, you're right, but the additional things as well.

14:48

Okay.

14:49

So it just makes it clear for those who are voting.

14:52

Yes, the amount that would be collected because again, this is a property tax increase outside of the 10 millages that were permitted.

15:00

Okay.

15:00

Which is why they have to vote for the increase.

15:02

Additional questions, Commissioners?

15:04

Commissioner Thomas Laws.

15:05

Yes, could you tell tell just for clarification the estimated amount per uh property tax for the 10 miles?

15:16

That is what we will be getting from the auditors.

15:18

That's what they're going to do.

15:19

I will tell you and it's estimated to be around.

15:22

Go ahead, please.

15:23

Yes, okay.

15:23

I will be very frank with you as the lawyer.

15:25

I I often don't play in numbers, but I will tell you our rough estimate at a hundred percent collection is roughly about two million annually.

15:32

Two million annually.

15:33

But we will wait for the certificate the certified report from the auditor, which will establish what that amount is.

15:38

Okay.

15:39

Okay.

15:39

Commissioner Fairchild.

15:41

Questions?

15:41

I'm you good.

15:43

Oh, sorry.

15:44

Commissioner Shaw.

15:46

Okay.

15:46

Good.

15:47

Okay.

15:47

Thank you.

15:48

Appreciate it.

15:55

Okay, so Ms.

15:56

Black, do we have any citizens who are registered to uh registered to speak on the city manager's recommendations?

16:02

No, no on the city manager's recommendations.

16:05

Commissioners, questions on the city managers recommendations.

16:08

I do have a commissioner sloss.

16:10

When was this um resolution readily made to for the commission review?

16:15

Was it when did you have this ready lead?

16:18

Yes, ma'am, excuse me.

16:19

Okay.

16:21

Because I I know you're you're under some some time constraints.

16:25

Real tight timeline.

16:26

When we heard from the Board of Elections that they received the appropriate signatures, and then we received the report from the Board of Elections indicating that they were new signatures because we had to make sure that it was aligned with the charter requirements.

16:37

We then began the process of determining how it gets to the ballot.

16:40

And so yesterday we realized that we needed to pass this resolution when we put it on the calendar and realized how little time we had.

16:48

We realized it had to go this evening as an emergency.

16:50

I can say that I made contact with commission yesterday, and also I shared the resolution today.

16:57

I will share.

17:08

I know you received a copy from me in your mailbox.

17:11

I don't remember when I apologize.

17:13

Okay.

17:13

No, thank you.

17:14

Okay.

17:14

Thank you.

17:15

Good.

17:16

Yes.

17:16

Um, I do have uh another question in regards to clarification, and I I believe it is very clear, but again, um the contract modification modification for the service agreement, just highlighting the work that is being done by the Dayton Recovery Plan, and that's just for the um to expand the the services, right?

17:48

For the community space, noting that and I think Ms.

17:51

Dixtein, you may have mentioned this, and I apologize if you did, but this is not any additional funding that is being allocated to the There's no additional funding.

17:59

There are some funding allocation within the project changes.

18:04

Right.

18:04

And the biggest thing is that they had planned Five Rivers Health Centers had planned to build a new multipurpose community center, um, new construction because of escalating costs, they had to modify their plans and renovate an existing space.

18:22

So there was change within the allocation of the project budget and an extension to the project timeline, which is why the modification is before you.

18:33

Okay, thank you.

18:36

That's all I have.

18:36

Thank you.

18:37

Good.

18:38

Okay.

18:38

So I may have a motion then to approve the city manager's recommendations.

18:43

So moved, second the motion, your honor.

18:45

Okay, it's been probably moved and seconded to approve the city managers' recommendations.

18:48

All in favor say aye.

18:49

Aye.

18:49

Aye.

18:50

All opposed say no.

18:51

So legislation, Ms.

18:52

Black Sheer.

18:54

First reading, the emergency resolution number six eight eight one-two five, authorizing a First Amendment to the 2017 2017 amended and restated Miami Township Dayton Joint Economic Development District contract and related ancillary actions and declaring an emergency.

19:19

Your Honor Resolution number 6881-25 to be declared an emergency.

19:23

I move for its immediate passage.

19:26

Second, Your Honor.

19:27

Okay, so we probably moved and seconded to declare uh resolution number six eight eight one-two five is an emergency.

19:34

All in favor say aye.

19:35

Aye.

19:35

All opposed say no.

19:37

Okay.

19:37

Second reading emergency resolution number six eight eight one-two five, authorizing a First Amendment to the 2017 amended and restated Miami Township Dayton Joint Economic Development District contract and related and so and Sorelli and Civil Ready Actions.

19:59

Mayor Mims.

20:00

Aye.

20:00

Commissioner Joseph.

20:02

Shaw.

20:03

Turner Sloss.

20:04

Aye.

20:05

First reading resolution number six eight eight two-two-five.

20:10

Approving the submission of grant applications to the District 4, Montgomery County, Ohio, Public Works Commission, Ingrating Committee, authorizing the acceptance of grant awards from the state of Ohio Public Works Commission for the State Issue 1 program for capital for public capital infrastructure improvements in an amount not to exceed 3,889, 286,000 and zero cents on behalf of the city of Dayton.

20:49

Second reading resolution number 6879-25, declaring the intention to appropriate real property interests in parcels 98T and 117T in connection with the Salem Avenue Reconstruction Phase 4 project.

21:07

Mayor Mims.

21:08

Aye.

21:08

Commissioner Joseph.

21:09

Aye.

21:10

Shaw.

21:11

Turner Sloss.

21:12

Aye.

21:13

Second reading resolution number six eight eight zero-25, declaring the intention to appropriate real property interests in parcels 13 SH and 25 T in connection with the Finley Street Reconstruction Project.

21:31

Mayor Mims.

21:32

Aye.

21:32

Commissioner Joseph.

21:33

Aye.

21:33

Shaw.

21:34

Verchal.

21:35

Aye.

21:35

Turner Sloss.

21:36

Aye.

21:37

Informal resolution number one zero one four-25.

21:42

Supporting and protecting the neighborhood Social Security, Medicare, and Medicaid offices.

21:54

Go ahead.

21:55

Your Honor, I move for media approval of informal resolution number 1014-25.

22:00

Okay.

22:02

Second, Your Honor.

22:03

Okay, so we'll probably move then second it to approve formal resolution number 1014-25.

22:09

All in favor say aye.

22:11

All say no.

22:13

Thank you.

22:14

For the item that was added, first reading resolution number six eight eight three-25.

22:21

Resolution declaring it necessary to levy a tax in excess of the 10 meal limitation for the purpose of placing the hospital levy on the ballot in accordance with the city of Dayton with the City of Dayton Charter and declaring an emergency.

22:45

Well, I'll do it.

22:53

Second y'all.

22:54

Okay, so finally move then second it.

22:56

A little slow, but it's a move to second it.

22:59

Uh for resolution number six eight eight three dash two five to be declared an emergency.

23:04

All in favor say aye.

23:06

Aye.

23:06

All opposed say no.

23:07

Abstain.

23:08

Okay.

23:09

Second reading resolution number six eight eight three-25.

23:14

Resolution declaring it necessary to levy a tax in excess of the 10 mil limitation for the purpose of placing the hospital levy on the ballot in accordance with the city of Dayton Charter.

23:27

Mayor Mems.

23:28

Aye.

23:29

Commissioner Joseph.

23:30

Aye.

23:30

Shaw.

23:31

Aye.

23:31

Beer Chow.

23:32

Abstain.

23:32

Turner Sloss.

23:34

Aye.

23:34

That concludes the legislation, Your Honor.

23:37

Okay.

23:39

So we do have a public hearing.

23:42

Okay.

23:42

Ms.

23:43

Black.

23:43

Ms.

23:44

Dixtein.

23:45

Yes, Your Honor.

23:46

At this time, I'd like to call forward Jen Hanauer, who will lead us through our zoning map amendment case.

23:58

Hello.

23:58

Hello.

23:59

Hello.

24:00

Evening.

24:00

I'm Jen Hanauer, a member of the planning staff, bringing you uh two cases this evening from our our city plan board.

24:11

They are um both plan development cases, plan developments add an overlay onto our zoning map, um, allowing for uses that wouldn't typically be allowed in a zoning area.

24:24

So we have two tonight from Expresswash Concepts.

24:27

Um both are for flying Ace car washes, one that would be located at 2922 Linden Avenue in the Linden Heights Planning District, and the other at 1158 Wilmington Avenue.

24:40

Uh that one in the Belmont Planning District, right there at Wilmington and Patterson.

24:44

Um that application had also included an application for a final plan approval.

24:50

Um so you're hearing these together tonight because they are so similar, but there are some very um some very important differences between the two.

25:00

So we'll go through one, let you make a decision on that, and then move on to the second one.

25:06

Both locations are former ride aid pharmacies.

25:09

Expresswash concepts can go in and has a has a plan for adaptively reusing these former former ride aids, adaptively reusing the buildings that are that are existing on the properties.

25:22

Staff has visited express wash concepts in Ohio and in Michigan, and has also talked to express wash concepts, the municipalities that they're that they're in in Pennsylvania to try to understand a little better how this kind of more neighborhood model works.

25:45

Like I'm sure you're familiar with flying ace car washes, we have lots of them in the Miami Valley.

25:49

But non-specific none that are specifically set up like this, meaning that they're adjacent to residential uses.

25:56

You tend to see them in bigger parking lots like in a Meyer parking lot or you know, somewhere where there's some some room around it.

26:03

So these are these are kind of unique in that they're so close to residential uses.

26:07

Um because car washes generate noise and they're a more auto-oriented service, they're not typically permitted in our neighborhood commercial districts, and both of these areas are zoned E and C eclectic neighborhood commercial.

26:21

So that's why the the planned development approval is needed.

26:26

Okay, so we'll talk about the first one on Linden.

26:29

Um again, this is an application from Expresswash Concepts.

26:32

The area is zoned ENC.

26:34

It's in Linden Heights, so our southeast land use area.

26:37

Um, and currently the property is a former ride aid.

26:40

Um I believe it has a uh food truck in the parking lot right now that's operating.

26:46

So this is the zoning.

26:47

Um the pink that you see is that ENC Eclectic Neighborhood Commercial that I was talking about.

26:52

Um the property is currently composed of of several parcels.

26:56

They would need to combine those before moving forward with uh development.

27:00

Um you can see that it's very close to that corner of uh Linden in Smithville.

27:06

That um it's a very auto-heavy um corridor there, because you can just see it on the map, US 35 kind of runs parallel just north of there.

27:15

Um it does back up to residential, however.

27:18

We have some EMF, which is eclectic multifamily, and some ER4, which is eclectic single family.

27:23

And there are some single family homes in that EMF district.

27:27

So this is an oblique view.

27:28

This is actually looking south at the property, but I wanted you to be able to see how it how it does back up to those residential uses.

27:34

You can see those big multifamily buildings, but then there are also a couple of single family homes.

27:39

Um that gas station on the corner on the left there is that shell station, just trying to orient you to where we're talking about.

27:46

So this is the concept plan.

27:48

Um so Linden runs along the the top of your screen there.

27:52

Um and there are other unique things about um these flying ACE car wash concepts as well.

27:59

Um as you can see, cars would would queue up on the south side of the property in those lanes, they would go through their kiosk, they would enter the building from the right or the east side there, they'd go through the car wash and then exit the building.

28:11

Then they'd have the option to either go to the vacuums that are outdoors there along Linden, or to return back into the building and go to some vacuums that they have inside that facilitates people being able to use their car wash in kind of a more year-round sense in our particular climate zone.

28:27

Um landscaping is proposed to stay, including some of those mature trees between the property and the residential uses to the south.

28:37

They are proposing to close the curb cut along Linden that is closest to Smithville.

28:42

That we we like that.

28:43

That would help with uh traffic flow and reduce some of the vehicle pedestrian interactions that could happen there.

28:50

This is um on the Miami Valley Regional Planning Commission's list of um accident heavy corridors.

28:57

I think it's number 20 on their list.

28:59

Um so special attention would need to be paid to traffic and how it would affect the safety in the area.

29:07

So this is kind of an overview, already gone over a lot of this.

29:11

Um what's most important about about this is the the size of the building, the size of the land it's on.

29:16

It's almost two acres.

29:18

It's almost an 11,000 square foot building.

29:20

Um this is this has left a big hole.

29:22

Ride aid leaving has left a big vacant property right in the middle of a very busy corridor.

29:28

Um and this would propose to to revitalize that.

29:32

Um location hours are generally 7 a.m.

29:34

to 8 p.m.

29:35

Monday through Saturday and 8 a.m.

29:37

to 8 p.m.

29:38

on Sundays, um, slightly reduced hours in the winter.

29:42

Um so unique to this this area, it has always been a commercial development since since the electrification of the streetcar was bring we're bringing people out here.

29:54

Um, you know, this the buildings that front on Linden have been commercial structures.

30:10

There, you know, are several gas stations, mechanics, there's a quick and cold, several restaurants and retail locations.

30:17

So this is which it is not very typical for ENC.

30:23

So if you're wondering what might be permitted in ENC by right, you know, some other uses that can go in here.

30:29

Maybe a car wash isn't the only option.

30:31

You know, you could put uh a bank in here.

30:34

You could put professional and medical offices, um, an indoor and outdoor restaurant, a retail establishment recently in East Dayton, a right aid's been repurposed as a market.

30:44

Um so there are some options that wouldn't require this kind of zoning change to accommodate.

30:50

Now, that said, there are some zoning districts that Dayton allows car washes in our general commercial, so that's a slightly more intense use than our neighborhood commercial, and in our industrial areas, we do allow car washes.

31:02

And if this area were zoned, general commercial, it would actually meet all of our criteria for a car wash, um, being that it's on a property that's bigger than an acre, it's along an arterial or a collector's street.

31:14

So things like that, if it were zoned differently, it would meet those requirements.

31:20

So because this is a plan development, it has planned development standards.

31:23

Um, most of them are kind of boilerplate, but I've highlighted the ones that would be specific to this plan development under permitted uses, all of the ENC permitted uses with the addition of car washes.

31:37

Um maximum lock coverage of 65%.

31:40

So lock coverage being, you know, that impermeable surface, that paved, the roofs.

31:44

Uh typically we would allow up to 100% in our in our commercial commercially zoned areas, but in this case, they have 65% lock coverage, and we'd like to keep it to that so that it would blend more into the neighborhood with that landscaping and the trees that are existing and that kind of thing.

32:01

Um vehicle parking, uh, we would want a minimum of the 40 off street parking spaces as they show on the plan.

32:08

Um, it does have uh those big pylon signs, and we would want that removed and replaced with a monument sign as stipulated in the zoning code that would be permitted in this kind of zoning district.

32:21

Umscaping and design provisions.

32:24

Basically, we'd want to bulk up the um screening that would be required between this heavy auto use and the residential uses to the south.

32:35

Um, some of the other locations I visited did have a uh privacy fence between the car wash and the residential uses.

32:43

The ones I saw were um you know, like a vinyl and and didn't do too much to reduce the sound.

32:50

So what we are proposing is that uh we would require a six-foot-high masonry wall because masonry reduces that sound so much better than vinyl does.

33:03

So this has been a public process.

33:05

The the applicant visited the Linden Heights Community Council.

33:08

Um they had uh a lot of good questions there.

33:12

Uh the general feedback from Linden Heights seems to be that they would they would like to see this space activated.

33:17

They would like to see a business in there.

33:19

They would prefer one that didn't sell alcohol, so a car wash kind of fits the bill for them.

33:24

They do have some concerns about noise and traffic.

33:27

Uh similar conversation at Southeast Land Use Board.

33:31

Um, we had some members of the community come there, and and there was a lot of focus on traffic and how this might affect the safety in the area.

33:41

But ultimately, the land use board uh voted unanimously to recommend approval, citing um the the huge investment that that would happen right here.

33:49

Um and then as I said, I did visit other municipalities.

33:55

Um I heard just across the board, every municipality I talked to.

33:59

Um Pittsburgh, Cleveland, Toledo, Detroit, everybody said that um Express Wash Contra Express Wash Concepts has been a great neighbor.

34:09

Uh their properties are immaculate, they don't get complaints about them.

34:13

However, the properties that I did go to and stand in the yards with the people who live next door to these said that they were too loud.

34:21

Um that it has affected their quality of life and they believe affected their their property values.

34:27

So while all the properties were were absolutely immaculate, there is that to consider for those who live right next door.

34:37

Um for this case, plan board uh recommended approval and a unanimous vote.

34:47

So for this one, um, these are your decision options.

34:50

I know it's a little unusual this evening because it'll be slightly different for for the second case that you're going to hear.

34:56

Um, and I believe you've been kind of briefed on these options that we have here for you.

35:01

Um, but if you determine to proceed with the first reading for approval in accordance with plan board recommendation, that would require three votes.

35:08

Um you can determine not to proceed with the first reading, to also require three votes, or you can remand the application to plan board for additional considerations, and that would require three votes.

35:17

I'm happy to answer questions on this one.

35:19

We do also have a representative for the applicant here who could answer questions for you.

35:24

So before we have the uh commissioners ask questions, any uh citizens have uh speak, Ms.

35:32

Blackshear.

35:33

There's one citizen who has registered.

35:35

Thank you.

35:35

I would like to state that that there is a three-minute time limit.

35:39

As you address the commission, we ask that you state your name and address for the record.

35:43

At that time, I will turn on the green light.

35:45

When the green light comes on, you will have three minutes to speak.

35:49

After you have spoken two and a half minutes, a yellow light will come on, you will have 30 seconds remaining to speak.

35:55

When the red light comes on, you will be asked to cease your comments and to take your seat to the audience in attendance.

36:02

Please be mindful this is a business meeting, and we kindly request that during this portion of the meeting you refrain from any hand clapping, finger snapping, and conversations that will prevent the city commission from hearing the speaker's comments.

36:18

I call to the podium Gerald McDonald.

36:30

Name and address for a record.

36:32

Gerald McDonald, 40 North Main Street, suite 2700 in Dayton, 450 45232.

36:40

Sorry, 45423.

36:42

Can't even pick that one up.

36:43

Um I am the attorney for evening.

36:47

Good evening, Mayor.

36:49

Um I just wanted to highlight a couple things that Ms.

36:52

Hanno uh Hannah said.

36:55

Um we are going to be making a three to four million dollar investment in this.

37:00

And while there are other uses potentially, as brought up in the Southeast Land Use Plan Board, there's not a lot of people going to put that much money in this location.

37:10

And it not only is it good money, but as stated, it is with a quality company that has uh impeccable record of maintaining its properties.

37:19

Um it was agreed that even though this is an ENC, this site is not pedestrian oriented.

37:27

The plan board, all board said that.

37:29

Notwithstanding that, we're doing our best to make it friendly.

37:34

Along Linden, we are going to be putting landscaping the entire length.

37:38

There's a five-foot strip.

37:39

We are getting rid of one of the curb cuts.

37:42

That's going to be all landscaped.

37:44

Um in the back, landscaped.

37:46

Uh there was the plan board had mentioned the wall on the western side, and we're all for that.

37:52

We would prefer to put landscaping again, try to make this more green.

37:56

Um, the wall on the south side, that is something that I noticed popped up in here, but it wasn't in the previous uh discussions.

38:05

If we have to do that, we would, but we're trying to avoid the sea of concrete and blacktop and make this more of you know with trees, mature trees, and make it uh a much much more uh pleasing spot.

38:19

Um the um I'm sorry, it was a little thrown with the three minutes.

38:23

I apologize.

38:25

Um with respect to any traffic issues.

38:29

Um the plan board thinks we need a traffic study, and my experience is they probably will.

38:36

We'll get the traffic study, we will adhere by those recommendations.

38:39

And that's that just makes sense.

38:41

So that's not too much of an issue.

38:43

Um another one that kind of threw me a little bit was the the pylon signs.

38:47

Uh all the boards, everyone when we talked to along the way up said that they didn't mind the pylon signs because that's where they were.

38:55

We'd prefer to keep them.

38:57

If this commission says we want to see them go, that's fine.

39:01

But I just wanted to put it out there that that was kind of news to us coming in here tonight.

39:07

Um I just respectfully ask that um uh you guys consider this uh and um hopefully have a positive vote.

39:16

Um we do have one of our officers of the company if you have any specific questions about our operations.

39:22

Okay, thank you.

39:24

Questions, commissioners.

39:25

Commissioner Tonas Lost.

39:26

Yes, I do.

39:27

Thank you, Mayor.

39:28

Thank you.

39:28

Um I apologize.

39:30

I'm not sure.

39:30

McDonald like the hands of yes, thank you.

39:32

I thought so.

39:32

I have that written down.

39:34

Um just a couple of questions.

39:35

The first is in fact, what is that?

39:37

I know that Ms.

39:38

Hanover mentioned a number of other cities and municipalities in which the operations exist.

39:44

Could you tell us um what is the the longest standing operations that you have in any of the the locations that were mentioning?

39:51

Um I'm gonna have to have uh my cohort here answered that.

39:56

But I do want to say that the right aid conversions, that's relatively new, and I believe there's only three right now.

40:02

Uh they have plenty of the other uh existing locations.

40:05

But um uh Joe, if you wanted to come up with the stake.

40:14

Good evening.

40:16

Joe Bertucci, uh 13375 National Road Southwest Aetna, Ohio, 43068.

40:24

Umest location, uh well, we've converted a former I want to misspeak.

40:33

CVS that was before my time, so that was about eight years ago, roughly.

40:41

Um, and in the Pittsburgh market, which city staff referenced, uh, East McKe Sport was our first uh location.

40:49

It's approximately it's called four and a half years now, four or four years right around that time.

40:55

That was the first rate aid that I converted in the Pittsburgh market.

40:59

And we have many more actually coming in Detroit.

41:01

Uh so it's a model that has worked out very well in the northern Midwest markets.

41:07

Okay.

41:09

Just high washes in general along in the business.

41:12

Oh, yeah, Express Wash Concept started in 2008.

41:15

Uh we are very, very blessed to have 123 locations uh throughout five different states, 12 here uh for the flying ACE in the Dayton market.

41:25

Um car washes is all we do.

41:28

Um we don't do any other development.

41:31

We live and breathe by car washes, so we have to make sure we do that well.

41:34

Hopefully you've seen that we've been voted best car wash um, best employers in the markets that we operate.

41:41

We take a lot of pride in our operations.

41:43

It's very easy to build a car wash.

41:46

It is very difficult to maintain it and keep customer standards, and that is where we focus day in and day out.

41:52

Our employees are on site at every hour that we are open.

41:56

We secret shop them uh because that we are held to a standard um that is we call it Disney Disney-esque.

42:03

We want our customers to pull onto the site and feel good.

42:06

That's why we overlandscape.

42:09

We want our customers to feel good.

42:12

Uh we want our employees to interact with them, get to know their names, their kids' names, or dogs, we hand out treats, and all these things seem very minor, but they're very important, and that's why we have a very high retention rate of membership to membership model.

42:25

Um so this you can visit any location, whether you're in Pittsburgh, Dayton, you know, visit any location.

42:31

It's under the expresswash brand.

42:33

Um the focus is on operations, and we would bring life to a site like this, and we've done it before.

42:41

Uh the change is absolutely astonishing.

42:44

It is amazing.

42:45

And I I know that I work for the company, but when you see it before and after, and then you see the interactions and the staff that we hire, we hire between 12 and 17 employees on a site, and we hire locally.

42:58

Uh we whenever we open our grant opening is donated to a local charity, hyperlocal, that that directly affects the communities that we operate.

43:07

And that's on an ongoing basis.

43:09

We have to sales, air freshener sales, and I say all that not as a sales pitch, but it we become entrenched in the communities.

43:16

And so we know we realize we are surrounded by neighbors, and we become a neighbor, not just a business that operates and makes money.

43:23

We give back a substantial amount uh to those local charities, nonprofits, especially for the youth.

43:30

If we can help change the course of a life, uh that is what drives our owner.

43:36

So thank you for your time.

43:37

Okay, thank you.

43:38

Thank you.

43:41

Thank you.

43:41

Thank you.

43:42

I really appreciate you um providing a little bit more context and background and speaking to your commitment.

43:48

Um, the 12 to 15 jobs, I understand that Mr.

43:52

McDonald mentioned that it will be a three to four million dollar investment.

43:55

What is the hourly wait rate of the um 12 to 15 jobs that will in fact be committed to this site?

44:04

That is a great question.

44:05

Um you're talking to the real estate guy.

44:07

Okay, I don't want to misquote a number and then operations comes in, so I apologize.

44:11

Oh, no worries.

44:12

I can get you that information.

44:13

I don't want to quote it on the record incorrectly.

44:16

Thank you.

44:16

And then it's very competitive, and it's also incentivized.

44:19

Oh, right.

44:20

Highly incentivized.

44:21

And there's also with a 123 location company and growing, there is room to move up within the company.

44:28

Okay.

44:29

Great.

44:29

Thank you.

44:30

Um so Ms.

44:31

Hanover mentioned the concerns that there were, in fact, testaments or testimonies rather that alluded to that express car wash has in fact been a great a good neighbor, a good partner, and seeing the investment.

44:47

But just curious, how in fact are you all addressing or what levels of um of uh adjustments are you all willing to make in terms of adhering or mitigating the the noise complaints and addressing the the traffic like just some of your past practices that you all have instituted and some of those other areas?

45:11

This is a more unique site, is more surrounded by residential homes.

45:16

And so how are um some things that you have done or what are some things you have done in the past to help mitigate those concerns?

45:23

Well, jumping the gun a little bit, but as to the next one, um there is a concern in particular about with a couple neighbors that are directly across the street, so on the front line type of thing.

45:36

We had proposed moving the entrance to adjust for that because the owner said let's try that.

45:43

They still weren't too happy because in their minds they're we're just shifting it into front of somebody else's house.

45:50

We are also willing to redesign so that the exit that they were talking about goes away completely in that the cars are interior all the way around, so that on that side where they were concerned with the noise would be eliminated.

46:06

Okay.

46:06

So that is what this company does.

46:10

Okay.

46:10

Okay.

46:11

Thank you.

46:11

And if I if I could just agree address this site specifically, yes.

46:15

Uh we have offered to install the wall of the on the west end.

46:20

I'm not sure that the entire southern property is necessary because the actual building acts as a sound barrier, and there's very beautiful mature trees that are three quarters of the way up that we don't want to touch.

46:30

We would absolutely um prune them to make sure they look nice.

46:35

But definitely a portion of the southern property, which I know exactly what the city staff is speaking of.

46:40

There's an open space after the mature trees, and almost like an L shape, and have a nice masonry wall with landscaping in addition, because that also acts as a sound buffer, so you don't get the bounce back as well.

46:52

Uh so we're very nimble.

46:53

We do want to work with the with the with our neighbors.

46:56

So we're able to do that.

46:57

Thank you for that flexibility, and I appreciate you um for stumping that that point.

47:01

So thank you.

47:03

That's all the questions I have.

47:04

Thank you for for the um the owners and operating though, as well as the attorney, but I do have questions for Ms.

47:10

Hanover.

47:10

Thank you.

47:11

Okay.

47:13

Um I correctly understand that this maintains the building that's there.

47:19

And you're okay.

47:20

That's awesome.

47:21

Um I guess I have a question for Ms.

47:24

Hanover.

47:25

It doesn't seem like there's been a coming to mind around all of the items within the plan.

47:32

If we approve it tonight, is there still the opportunity for you to negotiate those items or do we set the plan tonight?

47:44

Um if the plan development is approved, they would return to plan board to have their final plan approved.

47:51

So that would that would address a lot of the the details in there.

47:54

Okay.

47:56

I'm curious about the decibel level, because if I understood the presentation correctly.

48:01

Residents who live around one of the properties talk about the noise and the impact on their quality of life.

48:08

Um do we know what the like what the there's ways to measure decibel level.

48:12

Do we know what that decibel level is and what it's comparable and what are the hours of operations again?

48:18

Um the hour operations uh I'll have to out 7 a.m.

48:24

to 8 p.m., Monday through Saturday, eight to eight on Sunday, and sometimes reduced hours in the winter months of nine to six.

48:31

Okay.

48:32

And with respect to the decibel levels, yes, we have measurements.

48:36

I have a handout again for the next one.

48:39

Um but basically the blowers have a uh decibel level that goes out around 80 feet, then it starts to drop to where the ambient is.

48:48

There are also the the vacuums themselves, which are tend not to go off the property line.

48:55

The city has the a code that requires a certain decibel level at a property line, and if we exceed that, you know, city is gonna knock on our door and give us a ticket.

49:06

Um so there's the blower, that's that's one of the big things, and we'll talk about that more next time.

49:11

Um but that goes out in this particular case.

49:14

This faces a building for the most part, because there's another building right there.

49:19

Then there's a little bit of a space on the west where it's open, and that is where the wall and the landscaping that we've been talking about would come in to to buffer that.

49:28

But by the time it gets to the first residential home, it it's going to be fairly low.

49:34

And we do have a a graphic with measurements on that.

49:38

And the other thing is the um correlator which operates all the vacuums, and we are moving that up towards Linden, and that too has about a I think it's 70 feet or something like that, where the noise level starts to drop to below what Dayton would normally allow at the property line.

49:58

And so we would be consistent with all of that.

50:03

I look forward to the presentation.

50:06

Those are all my questions.

50:08

Okay.

50:09

Commissioner Shaw.

50:10

Yeah, I um I don't think you have the answer to this now because uh Commissioner Turner Slots asked for the the hourly rate.

50:15

What I'm interested in is the uh the protect projected um payroll for the site.

50:22

You know, three and three point five million dollar investment is one thing, but what a municipality is interested in is the income taxes.

50:29

So that's right.

50:31

And and this site, I think um it was going to be between 13 and 16 employees.

50:36

Um they for the most part there is always a minimum, and you correct me if I'm wrong, three employees working at any given time.

50:44

They're full time, they work all this not seasonal.

50:48

They work throughout the entire year.

50:50

Again, that is the building of of the employment, you know, of the uh the team building, the people trying to get people to stay and things like that.

51:00

Um those figures I may I don't think I have I didn't have my whole file.

51:05

I may have them in my notes and we'll be able to look for them really quick, because I know that we talked about it at another meeting.

51:12

I just don't remember what they are off the top of my head.

51:14

Okay.

51:15

Okay.

51:16

Okay.

51:16

Commissioner Joseph.

51:18

Uh no questions right now.

51:19

Thank you, Mayor.

51:20

All right.

51:20

We're good.

51:22

Thank you very much.

51:23

Thank you.

51:25

I Your Honor.

51:26

You don't know the question?

51:27

Yes, from Ms.

51:28

Hanover.

51:28

Is that okay?

51:29

Yes, please.

51:29

Thank you.

51:30

Um, I think I lost the track on my question.

51:34

Oh, could you speak to, and I I I believe I know this answer, but just in doing your your review and your vetting, could you speak to if in fact we have any machine operating car washes within the Dayton area?

51:45

Uh I know we do have one more so uh that abuts the Humor Huber Heights area in many of my colleagues and I attended a grand opening for that.

51:55

But could you speak to how many we actually have in the Dayton area?

51:59

Unfortunately, no.

52:00

I can't speak to how many we have in the Dayton area.

52:03

I do know that we have some, but I could definitely get that for you.

52:05

Okay, just out of curiosity too.

52:07

Sure.

52:08

And then um in terms of some of the concerns uh that some of the neighbors have posed thus far in terms of noise noise complaints or concerns of noise.

52:20

Um are there any is there an appetite to a CBA, a community benefits agreement or some or a good neighbor agreement, whatever have you.

52:31

Um it sounds like the operator is that maybe something that they will entertain.

52:37

Um we haven't talked about that.

52:39

We could certainly talk about that um during the final plan process if it gets to that point.

52:45

I will say um to the noise complaints that I've heard from residents um in other municipalities who are whose houses are right next to a car wash like this.

52:55

Um I was standing in their yard, those cities also had you know decibel levels that that they need to stay below, and I'm I'm certain that they were staying below that.

53:04

The the noise that was more of a problem was the noise that came on the chart um that was outside of their control.

53:11

So they they have their own music that plays at a very reasonable level on their properties, but you know, some people when they get their car washed and then they're doing their vacuuming, they want to blast their own music.

53:21

Um so that could be very loud.

53:23

And and the flying ace wouldn't have much control over that aside from asking them to turn it down.

53:29

But I also heard um, you know, like when a rock or something gets stuck in your vacuum and it'll make kind of a high pitched sound.

53:36

Um I heard I heard that as well.

53:38

Um, and I saw a very unhappy dog trying to get very far away from that sound.

53:42

Um but so there were things like that that um while they're they maintain their properties and are able to to stay in control of the the things that they have control over, there are those kind of things that were happening that that were kind of affecting the the noise levels in the neighborhood.

53:57

So but to the express car wash, excuse me, um they do have signage that prohibits loud music and all of those various things that will be a nuisance or a disturbance, right?

54:10

I I would assume that they have in place to address those concerns.

54:17

Sure.

54:18

I'm sorry, I don't know.

54:20

I don't recall seeing those, but I bet you can know better.

54:23

No worries.

54:24

Thank you.

54:26

Those signs are not standard.

54:28

Okay, that sign can be made.

54:30

All right, very and installed.

54:31

That is very easy.

54:32

Um we have no loitering policy.

54:34

Yes.

54:35

You should be there to vacuum your vehicle, have your car clean, and then go about your day.

54:39

Okay.

54:40

Uh we do train our staff that if there is loud music, and I I it's hard for me to control that.

54:45

I know it's easy for me to stand here and say we do train our staff that if there's loud music, we also want other individuals who are uh uh vacuuming their cars to have a pleasant time that that music is not creating the environment we want.

55:00

We do play music uh for our site at a reasonable level that we would uh have our staff train to ask them to please lower their music.

55:06

Okay.

55:07

Thank you.

55:08

Thank you.

55:10

Okay, we all good.

55:15

Okay, for the second one, so did you get everyone get the questions answered for both the 32156 and 32157?

55:23

No, no, Mary.

55:24

You've only heard the first case rule on the first case.

55:28

Let's go on the first one, guys.

55:29

Let's move forward.

55:30

Move forward.

55:31

Okay.

55:31

Move forward.

55:33

And so just so that I'm clear, moving forward with it will allow the plan board to make those additional considerations, right?

55:40

All of the necessary to address the news the traffic study, the noise complaints, the masonary wall, and perhaps a good neighbor agreement.

55:50

Okay.

55:50

Yes, as part of the final plan, all of those can be considered by plan board when making the approval for that.

55:56

The other thing that I will add to is that um, if I may, please, you know.

56:01

Please go ahead.

56:02

Is that um we want to make sure that express car wash is a longstanding partner in our community, but also that we don't, you know, heaven forbid that something was to happen to the the operations itself and that we don't get stuck with the an eye sore in the community.

56:20

So having something in place that eliminates the responsibility for the city of Dayton to now become the property owner with keeping up the maintenance or even removing the site itself.

56:32

So making sure that that's clear.

56:34

Um again, we've seen that throughout our communities with ride aid and walgreens, and so we don't want to become, you know, get in the business of taking ownership of those various um structures.

56:47

Of course not.

56:48

Thank you.

56:48

Sure.

56:49

All right.

56:49

Thank you, Your Honor.

56:50

Okay, thank you.

56:52

Okay.

56:54

So we're moving forward with this one.

56:56

That the pledge of the commission?

56:58

Yes.

56:59

Move forward.

57:01

The legislation implementing zoning case number, PLN 2025-00182, will be ordinance number 32156-25.

57:15

The ordinance will receive a first reading only.

57:19

First reading ordinance number 32156-25.

57:24

Amending the official zoning map to establish Plan Development 191 for 1.8 acres at 2922 London Avenue.

57:36

And that concludes the legislation for that public hearing, Your Honor.

57:40

Okay.

57:40

So we'll continue with the next one.

57:44

I call forward is Jen Hanauer to present the second case.

57:48

Okay, welcome back.

57:50

Thank you.

57:50

It's been far too long.

57:52

Um so looking at our second case, there's going to be a lot of similarities here, but but again, some important differences.

57:58

So this is at 1158 Wilmington Avenue.

58:01

Uh their request had been for a plan development and also a final plan review.

58:06

Um they are able to make those applications at the same time, which they did in this case.

58:10

Um also there is an existing plan development there, PD 087, which was established in the 90s uh to accommodate the the ride aid that is there now.

58:20

That would be removed as part of this process and replaced with a new plan development.

58:24

Um this is for flying flying ace car wash again, zoned ENC, eclectic neighborhood commercial.

58:31

We're in Belmont, still in Southeast.

58:35

So this is a look at the zoning map.

58:37

Again, you see that pink, that eclectic neighborhood commercial.

58:40

The hatch lines that you see over the subject property, that's that existing PD 087 that it was established for that ride aid.

58:48

And then you can see to the north and the east, uh, those residential uses in ER4.

58:53

That's Belmont.

58:54

And then across the street, uh to the west, we have Patterson Park and Schroyer Park.

58:58

So this is kind of at that node where all these come together, and then you have Brighton Strait or Square to the south.

59:05

So this is an oblique view so that you can you can see how the existing building that would be um adapted into the car wash, kind of sits on the property.

59:14

It's location relevant to the residential uses immediately to the north and the east.

59:21

This is just a look at one of the sandboard maps um from the 1950s.

59:25

This shows how the corner used to be uh more split.

59:28

There were commercial uses there along Wilmington and Patterson, um, but the northeast part of the block was residential.

59:35

Um and then that changed and the whole block became commercial, and it's been different things over the years.

59:40

Uh a restaurant and bar for a time.

59:42

Um you can see in this image, well, maybe you can see it, uh, there was a filling station there at one time.

59:47

So this is this has really um been an active corner in Dayton for for a long time.

59:53

So this is a look at the site plan.

59:56

Um, very similar to what you were looking at with the other case.

1:00:00

The vehicles would enter the property, come around the building to the south where they would get in those those queuing lanes, go through the kiosk, enter the car wash from the right from the east side, exit on the west side, and then have that option to go to the outdoor vacuums or to return inside the building to use the indoor vacuums.

1:00:20

There is an ATM on the property right now that's active that it would be proposed to be removed.

1:00:25

That's currently on the east side, kind of where those kiosks are now.

1:00:31

Okay.

1:00:33

So this overview is gonna look very similar to the last case.

1:00:36

The building, just a little bit smaller than the other building, and the site at 1.559 acres is just a little bit smaller than the than the other site that we were looking at on Linden.

1:00:47

Um everything else is very much the same operating hours.

1:00:52

Um kind of the history with express wash concepts.

1:00:59

Uh this slide is exactly the same.

1:01:01

So the same same idea.

1:01:02

This is eclectic neighborhood commercial.

1:01:04

There are uses that would be permitted by right that could go into this building tomorrow and not need this process.

1:01:10

Um, and again, this this site plan would meet all of our requirements for our car wash if this site were zoned differently.

1:01:20

The plan development standards would be very similar to what you just saw with the site on Linden.

1:01:27

Um small differences, maximum lot coverage of 50%.

1:01:30

Again, trying to maintain that existing green space and trees that are already there.

1:01:34

Uh minimum of 24 off-street parking spaces as depicted on their plan.

1:01:38

Um, same kind of idea with the pylon signs, removing those and replacing them with monument signs as other new developments have done in that area.

1:01:47

The the wall, the uh Walmart Waffle House across the street, and then the self-storage a little further south on Wilmington.

1:01:54

They've done those monument signs, so that's the kind of development we'd like to see along there.

1:01:58

Um again, recommending a six-foot-high masonry wall.

1:02:02

That was actually part of the PD that's there right now.

1:02:05

It was supposed to be built to screen the ride aid from the uh residential uses across the street.

1:02:11

I don't believe that ever got built.

1:02:13

If it did, it was removed.

1:02:15

Uh Commissioner Joseph saying no, it was not built.

1:02:17

Um I'm not sure what happened there, but we are proposing it here.

1:02:21

Um, and then we'd also like uh pedestrian access to the building from the sidewalk network.

1:02:29

So this was a final plan application in addition to the plan development application.

1:02:36

We required some more, it's more stuff.

1:02:39

Um we needed some renderings.

1:02:41

We needed to understand the utility plan, the stormwater plan, the lighting plan.

1:02:45

So they submitted all those things.

1:02:47

This is a rendering.

1:02:48

This is looking from kind of the corner there.

1:02:52

Here's a rendering again showing it from the south, looking north.

1:02:55

You could see the the queuing lines, the kiosk.

1:02:58

Um kind of looks like a right-aid building, but adaptively reused to a car wash.

1:03:04

Um board had required they they came to a work session, and then at that point, plan board asked that they do a traffic study, which they did.

1:03:14

Um, our engineering reviewed it, agreed with everything in there.

1:03:17

The the biggest takeaway from that was that perhaps our public works needs to look at adding a left turn lane from Patterson from eastbound Patterson onto Revere.

1:03:27

Um, and that would the suggestion in the traffic study is that needs to happen regardless of what kind of development happens here.

1:03:35

Um so that was interesting.

1:03:38

We had a lot more public comment on this one.

1:03:41

Um for Linden, we didn't have have too much public comment from from the neighborhood or from the community, from neighbors.

1:03:47

Um, but for this site on Wilmington, we did.

1:03:51

We had people come to community meetings to the land use meeting, two plan board.

1:03:56

Um, we had opposition and support.

1:03:58

Um, most of those in opposition were individuals who live very near this location.

1:04:03

And then support, we did have one resident, and then also the um the different uh community councils in that area, both Belmont East Mount Hearthstone and Patterson Park Civic Association sent letters in support of the project.

1:04:17

Um, concerns as you could probably guess by now, the top of the concerns with noise, um, but then at also traffic, property values, um, safety, and at this location, specifically for the residents of Lakewood.

1:04:31

Um, that's the the large multifamily building north of this site.

1:04:35

It has a lot of residents who have disabilities, and they use the services, a lot of which are in Brighton Strait or Square.

1:04:42

So you see a lot more pedestrian activity here.

1:04:44

It is very car heavy.

1:04:46

There's a lot of traffic that goes through this node.

1:04:48

Um, but there are also a lot of pedestrians and those using assistive devices, and a lot of them residents of the Lakewood who are trying to get to the resources south of this location at Brighton Strait or Square.

1:05:07

More than one resident said that they would like to see something here that they can go and enjoy their community with their neighbors, which is not something they could do at a car wash.

1:05:17

Those in support, much like you here heard with the Linden Avenue case, seeing the activation of a vacant building would be excellent for the neighborhood, especially at this very busy node that where a lot of wonderful changes have been been made and it's really coming up.

1:05:34

The waffle house across the street is very nice.

1:05:37

Like there's just a lot of movement on this area, and it would be nice to see that building activated, see the landscape improved, see the dead trees taken down and replaced with new trees.

1:05:46

So that we had a lot of a lot of input from our our neighbors on this one.

1:05:53

Again, it went to Southeast Land Use Board.

1:05:55

Uh discussion very similar to what we heard with the Linden Avenue case.

1:06:00

It was a slight it wasn't a unanimous recommendation for approval, but they did recommend approval of it.

1:06:06

Again, citing mostly this this big investment, this opportunity to have a use that would require a planned development so that we'd have a little more control over what and what would go in there and how it would go in.

1:06:19

I I put this in here again about the other municipalities, but I kind of double dipped.

1:06:23

I only only went out to them once, but um and then plan board, they they really had to weigh the benefits of this investment versus you know putting a very intense automobile oriented use here in an area where it's it's kind of a pedestrian dominated street.

1:06:43

So they had to to to weigh those two things and ultimately unanimously decided to recommend denial.

1:06:51

So that kind of changes your decision options here.

1:06:54

Bless you.

1:06:55

Um if you determine that you will proceed with the first reading for approval, because plan board recommended denial and the applicant essentially is appealing their decision to city commission, it would require four votes um to to kind of pass that bar and move forward.

1:07:14

Um you could also determine not to proceed with the first reading, which would effectively um let the application die and be a denial.

1:07:22

Um or you would also of course have the the option to remand the application to plan board for additional considerations, and that would only require three votes.

1:07:30

So can I answer any questions about this one?

1:07:34

Yes, I'm sure.

1:07:37

I do.

1:07:38

I I I do have a couple questions.

1:07:40

So again, out of curiosity, I believe I know the answer, but I would like to hear from the attorney as well as the the operator um uh operating I believe I have your title incorrect, but nonetheless, um if I could hear from the two of you as to why is there a desire to build both of these sites simultaneously at one time?

1:08:04

Is there an opportunity for us to gauge how the first proposed site will go in terms of addressing the noise um the the site itself from the residents and um with it being very pedestrian heavy, just again would like to know why, in fact, are you all um charged with both of the sites at the same time?

1:08:44

And for my understanding, this is this was probably the original, if you will.

1:08:48

This was the original, and I think I started working on it before Halloween of last year.

1:08:54

Okay.

1:08:55

So this one we when it first came, we went to it is in the corner of three different neighborhoods.

1:09:03

Right.

1:09:04

So we met with Belmont, we met with um Patterson Park.

1:09:09

We tried to meet with Schroyer, um, and but they're not as organized, is my understanding.

1:09:15

But we still had some meetings and things like that.

1:09:17

And they had their oh, can you come to our plan board meeting, which is you know, a month from now, which was fine.

1:09:23

But that process, which ordinarily we would probably have been here by December of last year, here we are.

1:09:31

I mean, it was just because of the timing.

1:09:34

Um, we went to the plan board originally as a work session.

1:09:38

We went to the Southeast Land use.

1:09:40

What we were trying to do, which is the this is the right-aid conversion.

1:09:45

This was the first one for this area, to make sure we got as much input that we could, find out what the concerns were and address those.

1:09:52

And initially there was a lot of concern about water pressure and things like that, and we had to come back with showing you know how those things are will not be affected and stuff.

1:10:02

So the Linden one, I'm not really sure how that came up, but that just popped up more recently.

1:10:07

Okay.

1:10:08

Um and so I think in the perfect world, Wilmington would have been under construction before Linden ever came before you.

1:10:18

But that's just my perspective.

1:10:19

I don't know if Joe has any more detail on your left.

1:10:22

Okay.

1:10:23

No, I think he covered it.

1:10:25

Uh would love to have them separate, but here we are.

1:10:28

Um if I could address maybe just some of the I don't know if we're at that point now.

1:10:32

Should I some of the comments from the cities just from from our experience?

1:10:37

Um one, we've looked at these right aids because when you when you look at them, if you drive the properties which which we have and you can go there today, you could see the conditions that they're in.

1:10:48

Right?

1:10:48

10,000, 11,000 square feet, plus or minus is is a not substantial, but it's a big box to fill.

1:10:55

Um so we've our solution for car washes, we've been able to repurpose them and keep the value for property owners for all the cities that they're located in by keeping that square footage there and repurposing it and bringing it back to life.

1:11:11

So from a property value standpoint, if you don't like car washes, then you might value that as uh reducing it.

1:11:18

Similar to you looking at a house with a swimming pool, right?

1:11:21

I would look at it and say, no, thank you.

1:11:23

Someone else values that and says, I love that.

1:11:25

Well, I could live next door to the right aid as it is today, and it could sit there for the next five, six, seven, ten years, or it could be redeveloped within the next 12 months and have a beautiful property next door, which we would absolutely work with those neighbors to ensure, which I do have an idea on how to reduce the sound impact even greater.

1:11:46

And so we're able to do that.

1:11:48

So that's regarding the the property values.

1:11:51

With regards to traffic and safety, um our use is very safe.

1:11:56

Our on-site controls are very safe.

1:11:59

We're customers stay in their vehicles, so we're very cautious to provide signage and site direction.

1:12:05

So on site is not an issue.

1:12:07

What I hear is the traffic from a heavy vehicle use.

1:12:12

If you if you look at any of the uh traffic manuals, so the international traffic manuals, you'll see that the right aid is actually a heavier user.

1:12:21

A restaurant is a heavier user.

1:12:23

Because their customers don't get out of their vehicle, it's perceived as a car wash being a heavy vehicle user.

1:12:30

When in fact, per peak hour per total day trips, we have less visits.

1:12:37

It's just those customers get out of their car.

1:12:39

The similarity is that car has to enter the site and has to exit the site.

1:12:44

So the same, not the same, they have more vehicles coming and going from that site, um, which create probably a greater safety issue, but I would argue that that's why we have stop signs.

1:12:57

That's why we have yield signs.

1:12:58

That's why we have sign and then signalize intersections.

1:13:01

We can't control someone if they're a bad driver, but all the safety measures are in place for a safe driving environment.

1:13:08

So a car wash is a safe use.

1:13:12

So is a right aid, so is a restaurant.

1:13:14

They have heavier usage.

1:13:16

It's just our customers don't get out of their vehicle until they want a vacuum.

1:13:20

Um I think that's what I wanted to address the comments.

1:13:26

I know that sound and traffic, so I was addressing traffic and sound, we've absolutely do a sound uh traffic study which shows that we do have less traffic than right aid.

1:13:34

And I'm not sure if it was brought up or not, but I guess both the site plan and the and the use is being discussed here.

1:13:41

I'm very open to having the use um discussed and similar to Linden to say, hey, let's go back and rethink this, because I think that we can now that I'm stepping into this project, Linden was my project, I'm stepping into this project.

1:13:54

There is a solution there that the sound issue would go away.

1:13:59

As well as it's very creative, and uh, I know that's kind of like a big promise here.

1:14:04

Uh, but it would still, if the if the neighborhood and the city is not happy with the solution we have from a site plan perspective, this still could be stopped.

1:14:13

Okay.

1:14:13

It's just I would love the opportunity to be able to revitalize this property.

1:14:18

We already have dollar, you now you already have dollar stores in the market.

1:14:23

Uh those are your typical reuses of the property.

1:14:26

Uh your goodwills, your dollar stores, and they're already there.

1:14:30

Uh so to ask them to do a reinvestment of a location they already have.

1:14:35

And trust me, I live in a neighborhood too.

1:14:36

I want to see certain things, but I also, because of my job, understand the economics and finances of it and what will actually happen in the next 12 months.

1:14:45

And if approved, I can tell you we would build a beautiful car wash.

1:14:48

Is there in fact a demand?

1:14:51

Is is the domain there?

1:14:53

Uh yes, ma'am.

1:14:54

We we would not look at a location if we were not going to be successful.

1:14:57

Okay.

1:15:00

Again, all we do are car washes, and we have to every every site has to be profitable.

1:15:03

Right, right.

1:15:05

Thank you.

1:15:08

Yeah, I thought you were gonna show us some information around the sound.

1:15:12

Um yeah, I wasn't sure it was my turn yet.

1:15:14

I was still waiting for an hour to finish her presentation, and then I was going to do that though.

1:15:20

I'm done too.

1:15:24

I guess it is my turn.

1:15:27

Could you be able to hand those out to them so they can see what I'm talking about?

1:15:33

Uh what I have there is just a handout and that we presented to the um planning board, and the last page has uh uh Mr.

1:15:43

Fairchild what we were talking about, the um noise uh readings and such.

1:15:49

And I will just start with that since that was your question.

1:15:53

Um a reading was taken at the if you look in that page, you will see there on uh Colwick, there's a little white box with a green around it, and that was the ambient sound at that point, which was uh on average 72 decibels.

1:16:10

At the planning board meeting, we had somebody who lives not in that first row of houses, but in the second row of houses, come to speak to say that from her back porch, even right now, she hears the traffic on that intersection.

1:16:27

Um, and so you know, and she was there because of the concern of more noise, obviously.

1:16:32

I'm not saying she was doing us any favors, but she was just that's what we have there.

1:16:36

Um those yellow lines with the distance just show it's kind of hard to see, but how far away these various spots are on the lower left-hand corner, that is the vacuum correlator, which gives off about 38 decibels at 30 feet, the nearest residence 243 feet.

1:16:57

So those are not going to create any louder noise than the ambient noise.

1:17:02

The big ticket item here, and again, the vacuum, same thing, is the blower.

1:17:08

At the end of any car wash, if you've been in a car wash, you know that air comes out and it dries your car.

1:17:15

That makes noise.

1:17:17

That makes probably the most noise out of everything in here.

1:17:21

Our blowers are inside and they tend to blow out instead of out and around.

1:17:27

But um nonetheless, the blowers at about 70 feet drop down to the 60 foot decibel, and as you can see, it is it's 129 feet to the nearest house.

1:17:38

I went I went to that house.

1:17:40

I I met with the gentleman, and he is here today.

1:17:43

And I have to say, when I stood at his house and I looked at the existing right aid, it does not look like this picture.

1:17:50

It looks like it's right in front of you.

1:17:51

I mean, it looks a lot closer than than it is.

1:17:56

I know exactly where he's coming from.

1:17:58

So do my clients.

1:18:01

And one of the things that uh we were talking about originally is can we reconfigure this so that this blower is not right here on the northwest corner where it's gonna be right by his driveway.

1:18:14

And the answer was generally no, we don't think so.

1:18:17

I am told tonight, yes, we might be able to reconfigure by making a shorter interior wash lane so that there is no exit there.

1:18:27

The cars turn inside the building.

1:18:30

So there is no blower coming out in that direction.

1:18:34

And that and that's what we are talking about as a possibility of reducing the noise considerably.

1:18:41

And that is one of the things that we're saying, you know, we're willing, you know, permit the use, we'll go back with the the planning board, we'll work out these details.

1:18:51

Prior to this, what we did at the plan meeting is we presented a proposal where we moved the curb cut because again, because it's right in front of his house, shifted it down.

1:19:01

And when I went to his house to explain that to him, he was very thankful, but said all you're doing is shifting it down to my neighbors, you know.

1:19:10

Um and I say, well, there's not as much noise there, and he goes, Yeah, but now you got traffic there, and I'm gonna be the bad guy.

1:19:16

You know, but I I'm not saying make he made points, you know, and so that's why we're re-looked at this thing.

1:19:23

And and that's what we're trying to do, and that's what we think we can do.

1:19:26

Um I do want to, if if I can just kind of go through my three-minute presentation.

1:19:32

Um, and that is this property, as you saw, it's been commercial since the 50s in portions.

1:19:40

And as we've heard, and again, there's at least six meetings that we've had with various boards, is that there has always been friction between the property owners and the commercial.

1:19:52

There there were bar fights.

1:19:55

There was lots of noise.

1:19:57

There was a legal parking.

1:20:00

There was people sleeping in the parking lot.

1:20:01

There was cutting through the parking lots.

1:20:03

There was all sorts of stuff.

1:20:05

No matter what goes in there, because it's commercial, you're going to have friction.

1:20:10

What you have now is the opportunity to control what goes in there.

1:20:15

Not another dollar store, not something that may not a bar, microbreweries, you know, everyone loves those till two o'clock in the morning when you're trying to sleep.

1:20:25

And so you have the opportunity to say, since this is a PUD, you know, what can we do?

1:20:31

Well, you're with dealing with somebody who's putting four million in this site.

1:20:35

Lots of landscape.

1:20:36

I think robust was the term that was used by staff.

1:20:40

Um so we have millions of dollars invested, the robust landscape.

1:20:46

This time, pylon signs, gone.

1:20:48

Monument signs, fine.

1:20:49

No argument.

1:20:50

That was something that the Southeast Land use Board asked day one.

1:20:55

Day one, that's what we agreed to.

1:20:57

Uh we're willing to make the perimeter more walkable.

1:21:00

We did along Patterson by getting rid of the curb cut.

1:21:03

If we need to do anything on the sidewalks along Wilmington, let us know.

1:21:08

You know, that's what we'll do.

1:21:10

If you know if there's oh gosh, could use a bus stop right there, let us know.

1:21:16

Because that's what we do.

1:21:17

You know, we are not here to try to make things difficult.

1:21:20

We are here to try to make things workable.

1:21:23

Um again, responsive, responsible owner.

1:21:27

And well, one of the things that I heard a lot was we don't need a car wash.

1:21:31

If you ask me, I would say, I don't need a car wash.

1:21:34

I have a 16-year-old son, he washes my car.

1:21:36

I don't need a car wash, I don't want a car wash.

1:21:39

But if you look around, there's a lot of car washes, and there's a lot of desire for car washes.

1:21:45

And we got a lot of support from you know, notwithstanding the neighbors who rightfully don't really want this in their backyard.

1:21:52

But the neighborhood groups, the Schroyers, the Belmots and stuff, they all want this because that is some uh use that they want in their area.

1:22:01

And so, you know, what we have is the people at the plan board say, I don't think it fits right, but everybody who lives there saying, yeah, yeah, we do want this.

1:22:10

This is a use.

1:22:11

This is an amenity to me.

1:22:13

It's not an amenity to you, maybe, but to me, the person who lives in the area, this would be an amenity.

1:22:20

Now the there's there's terms that we've heard, you know, intense traffic and heavy traffic.

1:22:27

Those are words that have come from lay people.

1:22:32

The traffic engineers looked at this, approved by the city, and that is on one of the pages there.

1:22:38

Um the the minimal impact on the overall traffic conditions.

1:22:43

The one thing they needed was a turn lane.

1:22:46

Uh they said we need that anyway, but we we need that, and we said we'll put it in.

1:22:50

That's fine.

1:22:51

You know, we'll we'll put it's not building a turn lane, mind you, it's it's making the markings for the turn lane.

1:22:57

So we'll do that.

1:22:58

The noise, I'm not gonna go in there because I think we may have found a solution to the noise.

1:23:03

Notwithstanding, the ambient noise is pretty high.

1:23:06

We're not going to be adding to it very much.

1:23:09

Um, you know, the the I don't think this is a good site for this use, really doesn't cut it when you think of we get to control this use, we get to design this use in terms of landscaping.

1:23:25

The traffic is not going to be according to the experts, any worse than it is right now.

1:23:30

The noise, it's pretty loud right now, and they're doing things, putting trees up, mitigating these types of things.

1:23:38

So, you know, we do think this is a good fit for there.

1:23:42

The difference between this and Linden is we have directly across the street some people, and they don't want anything there, you know, other than something that would each one of them might want something different.

1:23:55

But they live across the street from commercial property.

1:23:58

Something's gonna go there, and at least this the way they can have control.

1:24:02

And if we go back to the board planning board, they will be there.

1:24:05

They've been to every meeting so far.

1:24:07

We'll work with them.

1:24:08

And so we just ask that you consider this, pass this so we can kind of get rid of the mattresses and other things that are lying around in the parking lot in that site, and make it something that the neighborhood wants and that the city can be proud of.

1:24:23

Okay.

1:24:25

I'm good.

1:24:26

Good.

1:24:27

I have things to say.

1:24:28

Yes, as you can imagine.

1:24:29

I live just a couple blocks that way.

1:24:31

I was almost on the other map.

1:24:33

Uh so there's a number of things.

1:24:35

I appreciate your willingness to take a look at this again.

1:24:37

I think probably without speaking from my colleagues, we're probably going to remand this to have some more conversation.

1:24:42

Uh, but I just want to say that it means a lot that the the closest groups to the area support it, Southeast land use, uh, Dominice My Hearthstone neighborhood, Patterson Park, the people that really care about the neighborhoods are they passed it unanimously or almost unanimously.

1:25:00

The opposition has been, they don't want this, like you just nicely stated, but I think what people have to understand is the comparison isn't between the car wash and your dream is the between the car wash and what other things are possibly or likely to go there.

1:25:12

And that's the comparisons that we have to deal with because it's it's reality.

1:25:16

And uh you made that case a moment ago.

1:25:18

I appreciate that.

1:25:19

Um the new wall, if there's a new wall to the north or whatever new sound arrangements, I think there's a good possibility there.

1:25:27

The actual contour of the land is also good for that because there's a slope up right before there anyway.

1:25:31

So it's going to make a six-foot wall a 10-foot or 12-foot wall, effectively, because the land goes up.

1:25:36

Um and there's plenty of space to the north for landscaping.

1:25:38

There's already some pine trees and nice things there.

1:25:40

So you can just add what's there.

1:25:41

That's very good.

1:25:42

Um the last thing about uh folks using that corridor to get to the grocery store into the waffle house and everything, that's true.

1:25:50

Uh right across the street to the south there on that drawing.

1:25:52

They do use it.

1:25:54

But uh I I would argue this is not a pedestrian-heavy corridor.

1:26:00

I mean, it is cars all the time.

1:26:02

Uh and the fact is there are ways to walk around if you want to get somewhere a lot of places.

1:26:07

And I would say if you agree, as it sounds like you have you, you're taking out the curb cut on Patterson, which makes it easier for pedestrians.

1:26:14

If you're going to maintain the nice wide sidewalk in Wilmington all the way down, that makes it nice for pedestrians.

1:26:19

Um, depending on how you stripe the street, there may be a way to make even the Patterson side of East Patterson easier for pedestrians to cross.

1:26:27

I mean, there might be a way to do that.

1:26:28

I know we have very smart traffic engineers.

1:26:30

Uh there might be a way to make it easier for pedestrians there.

1:26:34

But uh there are cars going through all the time.

1:26:37

So people are used to dodging cars.

1:26:39

It's not a new thing.

1:26:40

Uh if there are uh it's a little bit more traffic.

1:26:42

I mean, speaking for my family, we're fine.

1:26:45

We're fine.

1:26:46

Uh car wash is not exactly what we would have thought would have gone there, but it is so much better than the other potential uses that would be likely to go there.

1:26:53

And it gets rid of an empty building uh that we don't want at the city.

1:26:57

We don't want to have to take control of eventually because it's crappy or people are inside it or burned down or something like that.

1:27:03

So I like I said, I I guess I'll be quiet now.

1:27:06

But those I just want to make those statements.

1:27:07

I appreciate your efforts.

1:27:09

I really appreciate uh your efforts to work with neighbors.

1:27:12

I've seen it.

1:27:13

I was there uh at a couple of the different meetings, and uh it was it was nice to see that the back and forth and actually listen to neighbors' concerns and addressing them.

1:27:21

So thank you for that.

1:27:21

That's all I have, Mayor.

1:27:23

Okay, good.

1:27:24

Uh I think my uh colleagues have um guess shared a lot of concerns that the citizens have talked about as well.

1:27:31

And uh the options again, looking at the uh referring back to the plan board, I think is something that you guys have agreed to as well, potentially.

1:27:40

On the final plan, uh you know, we what we're hopeful is that the preliminary gets approved today, the the rezoning, and then we can work on the final plan for the details, as opposed to sending it all everything back.

1:27:53

This is what our ask would be.

1:27:58

One of the recommendations.

1:27:59

We would want to make sure that the things we're hearing now still have time to happen, that we still have leverage to make sure they happen.

1:28:05

Sure.

1:28:06

Um and this one is slightly different than the London again because plan board recommended denial um and the applicant essentially had to appeal the decision to city commission.

1:28:16

Um what you would be deciding this evening if there was uh from what I understand, if there were a super majority vote, um it would require four votes to to move it forward.

1:28:31

Even if the if the PD were to be approved, we would still ask that the final plan return to plan board for approval.

1:28:41

So you you won't there's no scenario in which you would be approving the the final plan.

1:28:46

In every scenario, it is possible for things to go back to plan board and have those final details.

1:28:52

Would that help?

1:28:52

Or did that's exactly so what's the pleasure of the commission?

1:29:00

Mayor.

1:29:01

There are two citizens who registered also to see on the Wilmington Pike.

1:29:07

Um Derek Stevens I'm sorry.

1:29:16

You just had Dick on you.

1:29:18

I'm sorry.

1:29:18

That's okay.

1:29:20

Dick Stevens, maybe good uh evening.

1:29:22

Good evening.

1:29:23

I'm uh Richard Stevens, and I'm here speaking on behalf of my sister in the pink back here, uh, who lives uh at 925 Colwick Drive.

1:29:30

Uh, needless to say, we were very disappointed when Ride 8 closed up and uh resulting in this abandoned lot.

1:29:36

We moved in, it was a nice convenient place for services.

1:29:39

She lives across the street.

1:29:41

But please note that this case is very different than the London one, like it's been said.

1:29:46

Uh and it shouldn't be allowed to proceed.

1:29:48

On the 13th of May, the City Plan Board staff recommended that it be denied, and then again, the City Plan Board itself voted unanimously for disapproval uh on 10 June.

1:30:00

And I support these previous deliberate decisions and base my continued opposition on the safety implications of increased traffic, untenable noise, and a typically peaceful residential area and resulting reduced residential property values.

1:30:13

Colwick drives a relatively narrow street with no parking allowed.

1:30:17

It's non-signal crosswalk that's been talked about at Wilmington, is used by a lot of the Lakewood folks from the Lakewood housing complex.

1:30:25

I saw someone yesterday in his motorized wheelchair going down Wilmington because of all the construction on the sidewalk there.

1:30:32

He was forced into the street.

1:30:34

Not good.

1:30:36

Revere has considerable traffic in the neighborhood, and it's tempered by several stop signs going down Revere heading towards uh Patterson.

1:30:44

But unfortunately, there's not a four-way stop at the intersection of Colwick and Revere.

1:30:49

And there's you have to look between park cars that are right at that intersection to see if anybody's coming down towards Patterson, and it's just an accident waiting to happen in the existing case right now.

1:31:00

Um but please note that there's also um a stop sign at Revere and Patterson, and it's backed up with existing traffic right now.

1:31:09

There's a lot of houses that feed off of Revere.

1:31:12

And if there's a car attempting to turn left onto Patterson, it's backed up often due to the traffic there, and also from the intersection in prime hours from Patterson and Wilmington back where you can't even get out of Revere.

1:31:24

So those there is traffic there.

1:31:26

I don't know when the engineer was there, but in real life, when you're there, you see it.

1:31:30

So if you've had any operations in the many flying aces around town, and I I use them, I love flying ace in her normal spot.

1:31:38

Uh but you'll know the neighborhood traffic will be considerably increased, especially during those peak hours and on weekends.

1:31:44

My 76-year-old sister moved to Dayton in 2020, and she selected her home based upon it being safe, a peaceful location that could accommodate her and her German Shepherd.

1:31:53

She can sit on her front porch in the mornings, drink a cup of coffee, or in the evenings and set enjoy a glass of wine and conversations with her friends and neighbors, just like you do at your home.

1:32:01

But one of the main reasons car washes typically are located in large commercial lots is due to the loud noise generated and the the constant blowing of the drying fans and noise of the outside vacuums, the site-generated music, which again starts at 7 a.m.

1:32:16

I mean, that's pretty early for someone that is retired anyway.

1:32:19

Um and then that added customer music when they blast, they're out there, they don't necessarily like the music plan.

1:32:25

They're gonna play their music as they do their wheels and all the stuff.

1:32:29

So put that commotion in a relatively quiet neighborhood in our front porch peacefulness is totally ruined.

1:32:34

Thank you for your comment.

1:32:35

Thank you, Mr.

1:32:36

Feedback.

1:32:36

Okay, thank you, sir.

1:32:37

Thank you.

1:32:40

Ramon Lebeau.

1:32:52

Good evening.

1:32:52

Good evening.

1:32:53

Good evening.

1:32:54

Name and address for the record, please.

1:32:55

Ramon Liebold, 913 Colwick Drive.

1:33:00

Dayton, Ohio.

1:33:02

45420.

1:33:05

I'm the bad guy.

1:33:08

I live directly across from the exit.

1:33:14

A hundred feet to my driveway, where the car the cars will be coming out.

1:33:22

I'm totally against it.

1:33:24

I've lived there 54 years.

1:33:32

Uh Trina, I thought.

1:33:38

Um I went up to the flying ace at Myers, not five minutes away from my house.

1:33:47

Sat there 150, 200 feet away from where they were coming out, and it's loud.

1:33:55

Them blowers are loud.

1:33:57

I sat there and counted the cars.

1:34:00

They can do 100 cars an hour.

1:34:05

And in the wintertime, they're going to be, and they could stack up 50 cars waiting to get in.

1:34:11

They're going to be busy.

1:34:13

100 cars is not a good idea for that small street.

1:34:19

Three cars can only come out of there, and they're backed up because you can't get out on Wilmington certain time of day.

1:34:32

Colwick is not wide enough.

1:34:34

You can barely pass two cars.

1:34:37

They're trying to turn out there.

1:34:39

The other cars are trying to go straight.

1:34:42

It's it's going to be a mess.

1:34:46

My front room is only 150, 160 feet away where I sit and watch television.

1:34:56

And I'm sure that that's gonna be a problem.

1:35:01

I'm retired and I sit there a lot.

1:35:05

So I'm totally against it.

1:35:08

It's it's not a good fit for this.

1:35:11

I will hope something goes in there.

1:35:13

I've been there 54 years.

1:35:15

I seen them houses get torn down.

1:35:18

And that was a big fight when they first put it in.

1:35:21

But I was all for it because it was going to use Sack Setters and Bronze's bar and the gas station is going to get rid of all that.

1:35:31

I loved the bride aid.

1:35:33

Didn't bother me.

1:35:34

But there is a lot of traffic will come out of there a lot more than people coming in there, getting out of their cars, going in and out.

1:35:43

A hundred cars.

1:35:44

Imagine that.

1:35:45

Even if it's only for three or four hours, sometimes during the winter time.

1:35:49

That still matters.

1:35:51

Where's them hundred cars are gonna go?

1:35:54

And that that is a a busy area, very busy.

1:35:58

Revere's busy, Wilmington's busy, even our little store uh streets busy.

1:36:04

We've got buses coming two different directions.

1:36:07

We've got garbage trucks, we got school buses.

1:36:10

Thank you for your thank you for your comments.

1:36:12

Thank you.

1:36:13

Thank you, Mr.

1:36:14

Laval.

1:36:14

Mr.

1:36:14

Laval.

1:36:15

That concludes the citizen comments, Your Honor.

1:36:18

Okay.

1:36:19

Mayor.

1:36:20

Can we can we get clarification?

1:36:23

It seems like we're voting on a final plan.

1:36:27

If I understand the process.

1:36:30

Yes, I'm sorry, this is very unusual today.

1:36:33

Um you will not be voting on a final plan.

1:36:37

Um it's just for the plan development.

1:36:40

Um, we would have the applicant return to plan board for the final plan.

1:36:50

You're just seeing it this evening because when they made their initial application, they did also apply for the final plan and both were recommended denial by plan board.

1:36:59

So when they appealed that that meant that they were they were bringing them both to city commission to to overturn that decision, but you're not making a decision on the final plan this evening.

1:37:09

Commissioner, your vote, your your your decision tonight is to create a new plan development that changes the zoning on the parcel that allows for the car wash use.

1:37:23

Then if you vote, if you do a supermajority vote and get four votes to overturn plan board's decision.

1:37:32

Then that that new plan development has to go back to the plan board for the final plan, which is where much of this negotiation around sound mitigation and things will happen.

1:37:51

But it won't come back before this, or will it come back?

1:37:54

It does come back before us.

1:37:58

After plan board gives it approval as of or a recommendation for approval.

1:38:03

Okay.

1:38:08

It tonight you you have to make a decision on the zoning.

1:38:13

And the new plan development is the tool they've used to request a zoning change that would allow for the use of a car wash on this parcel.

1:38:26

And then what the what you're saying is we are going to change the zoning with this with a new plan development.

1:38:35

But that new plan development hasn't been finalized.

1:38:38

So the new plan or been approved by the plan board.

1:38:42

So you're referring so that work has to still go back to the Dayton Plan Board to review and act on the PD, the new PD that your supermajority vote would create.

1:38:57

And the plan board voted unanimously not to move it forward.

1:39:02

Correct.

1:39:03

And so we would be undermining the plan board.

1:39:06

The overturning, it does happen occasionally, occasionally.

1:39:10

You would be overturning the work of the plan board, and at the same time that re-engaging plan board around the new potential PD.

1:39:24

Which we still have a chance to vote.

1:39:26

That you would uh that would come before you as well.

1:39:30

The final plan would come before you as well.

1:39:32

From what I understand, the final plan would not return to the city conversation.

1:39:36

I thought the PDs came back before.

1:39:38

Uh uh plan development does that that change to the to the zoning map, but a final plan is decided upon by by plan board.

1:39:46

That's why you don't typically see them is because the plan board has been a good thing.

1:39:51

Yeah, this was it.

1:39:52

I think the business is just remaining.

1:39:54

That's I mean, that way that we we will see it again.

1:40:00

As I understand that is an option.

1:40:01

If this is remanded to plan board, that they would then see the PD again and make another decision on it, and then that would be a good idea.

1:40:13

Right.

1:40:13

Um is how I've understood it.

1:40:17

Can you clarify that?

1:40:18

I I want to make sure though that is a definitive answer.

1:40:22

If we could yeah.

1:40:24

Because I appreciate that.

1:40:25

Yeah.

1:40:26

The applicant has asked for the action on the zoning.

1:40:30

Correct.

1:40:30

Right.

1:40:31

Correct.

1:40:32

So that's the plan development.

1:40:35

Um so what you did for the for the Linden one where you you you're going to move that one forward.

1:40:41

Um that that's just the zoning.

1:40:43

For for that one, they're they're gonna make plans, they're gonna go back to plan board and have their final plan approved.

1:40:49

This one's a little bit different.

1:40:51

Messy different.

1:40:53

Um the only way you would see this one again is if it is remanded to plan board.

1:41:04

Just remand it.

1:41:05

Yeah.

1:41:06

And they they see it again and and they make uh another decision on the plan development, and then it would come back to you again.

1:41:15

However, if you approve the use tonight, if you if you overturn that that plan board decision, that plan board recommendation with the supermajority vote, then that means that the zoning has been decided.

1:41:28

They the applicant would still return to plan board to get that final plan approved.

1:41:33

But that would not then come back to you.

1:41:35

Yeah, we want it back.

1:41:36

We want it back here.

1:41:38

Yeah.

1:41:38

All right.

1:41:39

So let's we need a motion to a remand.

1:41:42

Yeah.

1:41:43

Yeah.

1:41:44

Do we need to come out of the case?

1:41:45

You want to come out of here?

1:41:46

Yeah, we come out.

1:41:48

Okay.

1:41:48

Let's conclude the public hearing.

1:41:51

So what's the plan to the commission?

1:41:53

Uh Your Honor, I would move that we remand this back to Plan Board.

1:41:56

Second, Your Honor.

1:41:58

Okay.

1:41:58

If I move on second, we made it back to the plan board.

1:42:01

All in favor say aye.

1:42:02

Aye.

1:42:03

All the polls say no.

1:42:05

Okay.

1:42:06

Thank you.

1:42:10

So, Ms.

1:42:11

Sixteen.

1:42:12

Any uh closing comments.

1:42:13

I think you need to hear from Mayor.

1:42:20

Excuse me, folks, I don't want to.

1:42:23

I want to hear what you have to say.

1:42:24

No offense.

1:42:25

Okay.

1:42:25

There are 15 citizens who have registered.

1:42:28

And I would like to remind everyone of the three-minute time limit.

1:42:31

I call to the podium, Joshua Hastings.

1:42:43

Commissioner Hastings, let me let me apologize.

1:42:45

I didn't want to short circuit anyone from their comments.

1:42:49

Sure.

1:42:49

Your name and address for the record.

1:42:51

Yeah, it's Joshua Hastings, 303 Triangle Avenue, Oakwood, Ohio.

1:42:56

You may begin.

1:42:58

All right.

1:42:59

So I'm here to implore you to uh propose the uh safe haven resolution.

1:43:06

I uh I understand that I am not one of your constituents, but two of you have seen me active throughout the community.

1:43:15

I have a lot of friends and uh fellow activists, neighbors, um people I love and who love me, that um really want to see this done.

1:43:29

And I want to tell you about a personal experience I had earlier this year.

1:43:35

I went to the very first um trans rights rally that I had ever attended.

1:43:41

I uh didn't know any trans individuals before, and uh I'm very pleased to say that I do now.

1:43:50

And one particular speaker at that rally said something that um I can never forget.

1:43:59

Um it was a call to action, or actually, in this case, a call to inaction.

1:44:06

The words that came from this person's mouth to the assembled people that day was please don't kill yourselves.

1:44:16

This is the scenario that your constituents are in right now.

1:44:20

The United States is a mental health crisis.

1:44:23

I am passionate on that issue.

1:44:26

And I implore you to please do not turn your backs on these fine people.

1:44:32

Thank you.

1:44:33

Thank you for your comments.

1:44:37

Rhea Megan.

1:44:45

Your name and address for the record.

1:44:47

Thank you.

1:44:47

Rhea Megnan, and it is 2104 King Avenue in Dayton.

1:44:54

My name is Rhea Megnan.

1:44:55

My pronouns are she or they, and I've been a proud Dayton resident for 10 years.

1:45:01

I have my license as an independent social worker, and I own Oak and Willow Counseling, which is an LGBT focused mental health therapy office.

1:45:12

And I'm here to support the upcoming safe haven resolution when you choose to bring it before the commission.

1:45:18

I hope that happens soon.

1:45:20

This resolution protects basic human rights for the LGBTQ community, including intersex folks and others under the queer umbrella.

1:45:29

These are the most marginalized people in America right now.

1:45:33

They are rejected, shamed, and attacked even by other targeted groups because of hundreds of years of religious and political scapegoating.

1:45:42

Just a little research and connection with these folks will go a long way in uncovering the mistranslations, the lost context, and the outright lies and slander in God's name used to make us fear LGBTQ folks.

1:45:58

Yet it's my clients and loved ones who face the real life horrors.

1:46:02

Most Americans claim not to personally know any trans folks.

1:46:06

I guarantee you do.

1:46:08

They just might be unknown.

1:46:10

But let me share a little of what I hear from them every single day.

1:46:14

They are being turned down for jobs or fired because someone finds out who they are.

1:46:19

They're denied housing.

1:46:21

They're denied loans for vehicles, for homes.

1:46:24

They are told that they will be outed by the trusted adults at their school, and that they can't read about or learn about who they are there.

1:46:33

They're denied health care and treated with contempt and cruelty by those very same care providers.

1:46:39

And my colleagues and I are threatened by the gerrymandered legislature of this state with the loss of our licenses if we so much as use the correct pronouns or names for our clients.

1:46:51

And the terrorization is so strong, we all fear contacting police or other services or even speaking at this podium tonight.

1:47:01

These people are not the threats.

1:47:05

But it doesn't have to be this way.

1:47:07

You have the opportunity to offer some protection by showing Ohioans that our city of Dayton recognizes the value and validity of queer people, our brilliance, our deep caring, our community leadership.

1:47:20

The Safe Haven resolution shows that we honor the will of the vast majority of Americans and Ohio residents and the businesses who help fund our schools, our roads, our libraries, and more, and that we will protect people of all genders and sexualities here.

1:47:35

Mayor Mims and Commissioners, if you support this, I won't lie, you will face backlash.

1:47:41

I have faced it often from extremists who've been lied to and manipulated about these people.

1:47:47

I hope you will support this resolution anyway, because when we protect each other against the bullies, and we do it today while we still can, it matters.

1:47:58

Appreciate it.

1:47:59

And if you do get backlash and need some help, come see me at my office.

1:48:02

It's a safe haven.

1:48:04

Thank you.

1:48:04

Abigail Williams, my name is Abigail Williams.

1:48:15

I live at 1331 Cherry Hill Drive, Miami'sburg, Ohio.

1:48:20

My name is B.

1:48:21

I'm one of many members of my community who receives gender affirming care in the city of Dayton, and I'm here today to vocalize my support for the Safe Haven resolution.

1:48:29

In the last few years, myself and members of my community have been subjected to more and more hostile legislature.

1:48:36

I believe this to be a waste of taxpayer time and money to wage a socio-political war on a population that makes up only 1.4%.

1:48:45

This year in our state, we've seen bills introduced that serve no benefit to the community and function only to further terrorize trans and non-binary binary workers and students.

1:48:53

We've seen a ban on diversity, equality, and inclusion programs from our higher education institutions, as well as the gutting of funding to youth shelters that in any way affirm an at-risk use gender identity.

1:49:04

This legislature has robbed students in our universities, educational workers, at-risk use and advocacy workers of crucial community resources and services, and we all know that this is just the tip of the iceberg for this legislation.

1:49:19

I would like to share some data with you from a recent survey conducted nationwide by the Trevor Project and broken down into state-by-state statistics.

1:49:27

It reflects that 43% of LGBT Ohioans reported thoughts of suicide, with 12% admitting to having attempted suicide.

1:49:35

Forty-eight percent of Ohioans surveyed said they have reported feeling like they need mental health services but do not have access.

1:49:42

Twenty-three percent have reported being physically threatened or harmed, and 52 have reported that they wish to leave the state of Ohio due to the hostile political climate here.

1:49:54

I would like to ask the Dayton City Commission if they would like this city to be a place that taxpaying citizens feel they need to flee for the physical and mental well-being of themselves and their families.

1:50:00

I would like to ask the Dayton City Commission if they would like this city to be a place that taxpaying citizens feel they need to flee for the physical and mental well-being of themselves and their families, or would you like to see this city be a place where all members of the community can thrive, bolster our economy, fill in-demand jobs with skilled workers, and live beside our neighbors in peace.

1:50:13

This resolution gives Dayton the opportunity to set precedent and send a message that in the face of threats to our citizens' liberties and to our basic safety and well-being, this city and this community rises up to protect its own.

1:50:24

Thank you for your time.

1:50:25

Thank you.

1:50:25

Thank you for your comments.

1:50:28

Jordan Ostrom.

1:50:39

Your name address for the record, please.

1:50:41

Um, Jordan Ostrom, 210 Wayne Avenue, Dayton, Ohio, 45402.

1:50:49

Genocide.

1:50:51

The word evokes images of death camps and mass graves, but not all genocides end in such a way, and never do they start out as such.

1:51:02

Genocide is the attempt to destroy in whole or in part a defined group.

1:51:08

The state of Texas has decided that providing trans youth with the life-affirming medical care that they need to thrive is akin to child abuse.

1:51:18

Such a decree has been described as state-sponsored kidnapping.

1:51:22

As Dr.

1:51:23

June Bloke, PhD points out, the forcible transfer of children from one group to another group, even per the conservative parameters of the United Nations definition, constitutes genocide.

1:51:37

As our own state of Ohio attempts to follow in the dark directions of states like Texas and Florida, it is up to our leaders, including our local leaders, to stand up and fight back.

1:51:49

For those who might say that my broaching the topic of genocide is hysterical, for those that disagree with the academic degreed expert whom I cite, I would say the time to fight back against legislative actions with genocidal intent is when it's too early, not when it's too late.

1:52:06

I am here today to ask that our local leaders demonstrate moral courage and urge the mayor and commissioners to propose the safe haven resolution for our LGBTQIA plus neighbors.

1:52:19

An injury to one is an injury to all.

1:52:22

Thank you.

1:52:23

Thank you.

1:52:24

Thank you for your comments.

1:52:26

Elizabeth Hudson.

1:52:41

Maybe.

1:52:43

Thank you, Mayor, Commissioners, City Manager, Clerk, for this chance to speak tonight.

1:52:49

I'm an attorney for advocates for basic legal equality.

1:52:52

Able offers free legal services for qualifying individuals and groups within 32 count counties, including Montgomery County and Dayton.

1:53:02

I represent a collective who's worked collaborately for months to put together this safe haven resolution that many are talking about tonight.

1:53:11

It will declare Dayton a safe haven for LGBTQ people.

1:53:15

Many members of the collective have talked for themselves and other supporters, but I want to talk a little and advocate for its adoption on behalf of those who are too scared to be here tonight and give their address publicly.

1:53:33

You've hopefully watched the news, but it's unfortunate to see attacks against Q plus individuals coming from so many government officials right now, and this emboldens bigot bigotry in our community and others.

1:53:46

Support for the safe haven resolution is a declaration that bigotry does not belong in Dayton.

1:53:52

Dayton's home for many who need a safe haven right now, who need a government that stands with them and their right to equal protection.

1:54:01

This resolution will support will affirm your support and the rights of the Q plus community to feel safe here.

1:54:08

Q plus welcoming organizations and businesses in Dayton are safe havens for many in the region.

1:54:14

We ask the city to acknowledge this publicly and let Q plus people know that they're welcome and valued here.

1:54:21

You all, including the city law department, have received copies of a community-drafted safe haven resolution through your email.

1:54:28

It's modeled after other Ohio cities that have declared support.

1:54:32

We wouldn't be the first to do such a thing, but we would be among the first to pass or adopt such a resolution, affirming safety, dignity, value.

1:54:42

This is why you need to pass this resolution now.

1:54:44

It declares that Dayton is a city that stands with our Q plus community and neighbors.

1:54:50

Not only that, but it'll show that the city values community engagement by affirming the dozens of voices that have helped shape this resolution and the hundreds of individuals who have signed petitions supporting it as well.

1:55:03

You've all or many of you have expressed commitment to the Q plus community, both from your seats there, and I've seen many of you at Pride this year.

1:55:13

In fact, the majority of our commissioners at Pride, as well as you, City Manager Dixteen, you showed up for the Q Plus community there.

1:55:21

A majority of commissioners is all it would take to pass this resolution.

1:55:26

So we're requesting that you do that and give voice to this community that's been under attack.

1:55:32

Please don't wait any longer.

1:55:34

On behalf of those not here today, and Abel and this collective, thank you so much for letting me draw attention to this.

1:55:42

And I hope you'll pass this soon.

1:55:44

Thank you.

1:55:45

Thank you.

1:55:45

Thank you for your comments.

1:55:49

Yusuf Alzheimer's good evening.

1:56:04

Um, my friend A.I.

1:56:06

that we have 240 car washes in Dayton, by the way.

1:56:09

200 name and address for the way.

1:56:13

Uh my name is Yusuf El Zayn, 4906 Amberwood Drive, Dayton, Ohio.

1:56:18

The pain and anger we're feeling today from Gaza is not just a personal sentiment, but a collective cry that echoes across generations.

1:56:29

We are witnessing in real time a genocide, the devastation of what used to be flourishing city cities, the intentional starvation of children, the loss of innocent lives, and the displacement of millions of people that are most vulnerable population.

1:56:49

And yet, they are met with silence, inaction, and a definite lack of accountability from those who claim to uphold justice and human rights.

1:57:02

Where is it?

1:57:05

As leaders, it's your responsibility to recognize the inherent value of dignity of every human life.

1:57:13

The life of any Palestinian child is as valuable as your children and your grandchildren.

1:57:19

This status quo is unacceptable, and it's time for bold action.

1:57:25

We urge you to use your position of power to amplify the voices of the marginalized, including the Q plus as you see it today, to challenge the system of oppression and to demand justice and accountability for those who wield power.

1:57:43

We will not be silenced, we will not be deterred, and we will not give up.

1:57:48

We'll continue to organize, to mobilize, and to demand better future for the Gaza people and to our Q plus community in Dayton and the nation.

1:58:00

The question is will you join us?

1:58:03

Or will you be perpetuate the silence and the complicity that allows injustice and crimes against humanity to thrive?

1:58:14

The choice is yours, but know this.

1:58:17

The eyes of the world is upon us, and the faith of our Palestinian people hangs in in balance.

1:58:24

We expect more from our leaders, and we demand action, not just words.

1:58:29

Recognize the struggle of others, particularly those facing systematic oppression and violence, can indeed provide perspective and help reframe our own challenges.

1:58:51

Thank you.

1:58:52

Thank you for your comments.

1:58:56

Alec Johnson.

1:59:07

I live at the Woodman Park Apartment Complex in Dayton's Eastern Hills.

1:59:11

I'm a member of the Party for Socialism and Liberation, and these remarks reflect party sentiments.

1:59:17

We want to thank the mayor and city commissioners and Montgomery County Commissioners for an act of courage that hasn't received sufficient acknowledgement or gratitude.

1:59:25

We learned in recent weeks the Dayton area, thanks to our city and county leadership, is refusing to participate in the so-called 287G program, available under new federal law that warps local law enforcement, morphing it into jack boot gestapo units for ice.

1:59:41

This means that in our that our immigrant friends and neighbors are somewhat safer in the Dayton area, thanks to the brave and principled stand leadership has taken.

1:59:50

In stark contest stands the shameful conduct of the Butler County officials, most notably Sheriff Richard K.

1:59:56

Jones.

2:00:00

Jones is an arrested adolescent and a clansman without a hood who has devoted himself to ICE's reign of terror.

2:00:04

He found it funny to publish photos of inflatable alligators floating in front of the Butler County jail.

2:00:10

This jail holds many ICE detainees, including a recent high school grad and local soccer star.

2:00:15

Even more famously, Imam Ayman Solomon, former chaplain at Cincinnati's children's hospital, isn't in this jail instead of being allowed to do his job consoling sick children and their families.

2:00:27

Imam Solomon fled Egypt for fears of his life and fears for his life if he returns.

2:00:34

But this is all so many inflatable alligators to Sheriff Jones.

2:00:39

Public servants and the public understand that civic success can't result from having low goals.

2:00:45

It wouldn't take much to surpass Butler County, and circumstances required that we set our sights much higher.

2:00:51

We've witnessed with great admiration the city of Dayton standing up for immigrants.

2:00:55

The terror campaign the White House is directing against the immigrant community is formidable and frightening and frightfully well funded.

2:01:02

But not only did the city of Dayton stand tall in the face of that, but our local school board refused to cave to budgetary blackmail to the tune of 30 million dollars of the White House's anti-DAA culture war campaign directed against them.

2:01:16

Attacks on the trans community comprise another front in this fascist culture war with shocking parallels going back to Nazi Germany.

2:01:25

Just as Dayton has stood tall before, it must do so again.

2:01:29

A coalition of concerned citizens has submitted a safe haven resolution that we implore the commissioners to adopt at the earliest opportunity.

2:01:37

Doing so would be entirely consistent with the principled stands senior leisureship has already commendably taken.

2:01:44

Fascism is proceeding on many fronts and must be resisted on every one of them.

2:01:48

The Safe Haven Resolution is at once an important protection for this vulnerable community and a way of fighting back, a tool for resisting these and other attacks on the working class in this country.

2:01:59

Do your part to bend the arc of history towards justice, and we the people will do ours.

2:02:05

We the people will do ours.

2:02:07

Let's begin to turn this country around.

2:02:10

Let Gem City shine brightly in this way to inspire other communities to stand up and fight back.

2:02:16

Thank you.

2:02:17

Thank you for your comments, sir.

2:02:19

Moss Dickey.

2:02:27

Name and address, please.

2:02:28

Moss Dickey 116 North Johanna Drive in Centerville, but I will soon be moving to 531 Belmont near the Art Institute, so I'm very excited about that.

2:02:38

Um I'm here today to ask that the city uh propose the safe haven resolution in a time of growing hate, discrimination, and fascism.

2:02:46

It is the duty of decent, kind, and rational citizens to provide hope and safety for those most in need.

2:02:52

I am a trans woman.

2:02:54

I came out a few years ago, and I would like to tell you the story of how I came out to myself, the most important person I have come out to.

2:03:01

It was a day like any other, except I was confused and didn't quite know what I was going to do with the day.

2:03:07

So, like I was doing in that time, I drove around.

2:03:10

I drove around until I found a one of our lovely parks.

2:03:14

I must uh commend everyone on the uh city parks, they are amazing around here.

2:03:18

Um, and I walked around, stuck in my head and my own thoughts, trying to figure out what was bothering me.

2:03:25

And on the shores of a small creek, flash river, um, I finally figured it out.

2:03:32

I was a trans woman, and the sheer weight of that fact was crushing.

2:03:38

In that moment, I nearly killed myself.

2:03:42

I nearly hurled myself into a river to avoid the pressure and heartache and just general discomfort that would come with the fact of being a minority like a trans woman.

2:03:59

But fortunately, as you can see, I did not.

2:04:03

I stepped away from that river, and I continued my walk.

2:04:07

And for the past few years, I have been receiving um HRT, hormone replacement therapy at Equitas, just in this amazing city, and it has meant the world to me.

2:04:18

For the first time in my life, I like myself, I like the life I am leading, and I no longer hate seeing myself in a mirror and can look myself in the eye.

2:04:28

It means the world to me that Dayton has had the o has had the facilities to provide for me a life of dignity and a life of peace.

2:04:40

Not everyone has that, especially in rural communities around Ohio.

2:04:45

And in the in these rural communities, more now than ever, children and teenagers are facing harm from home, school, and religious facilities.

2:04:55

It is demonstrable.

2:05:00

It is heart-wrenching what these children have to go through.

2:05:03

I did not have to go through that because I did not know what being trans was at the time.

2:05:07

But had I known, it would have been an unbearable weight.

2:05:11

And I'm just glad that I realized later in life when I could transition myself.

2:05:15

I implore you to please consider this resolution.

2:05:20

It means the world to people like me to know that our local officials are standing with us and not against us.

2:05:27

It means that we can walk out in the street, our heads held high, and live in a community that values us, not in a community that despises us.

2:05:36

Thank you so much.

2:05:37

Thank you for your comments.

2:05:42

Lynn Lamance.

2:06:03

Evening.

2:06:04

Okay, I'm gonna speak on um from the Fairview neighborhood.

2:06:08

I'm gonna speak on the Phoenix Project, Phoenix Next, Phoenix Police.

2:06:13

Um basically, just to give you an idea, there was an incident earlier this week involving a neighbor.

2:06:21

Um there's basically a drug house on Auburn.

2:06:25

And I had forwarded this information to the Phoenix police.

2:06:30

Um still going on.

2:06:32

Basically, an elderly neighbor had to um approach the drug dealer.

2:06:38

There was an issue, the police were called, and basically an elderly neighbor of mine was arrested by the police instead of the drug dealer.

2:06:46

And I'm talking about methamphetamine, um, and fentanyl.

2:06:53

Um I've conducted the um neighborhood meetings now for a while, and basically I wanted to get information regarding specific information regarding the Phoenix police.

2:07:06

Living in Five Oaks, you know, I thought Fairview, I thought, you know, it was very well together.

2:07:13

Um things were getting done.

2:07:16

Um I did forward this information to citywide and also the Dayton police.

2:07:22

Uh Dayton police have provided no information.

2:07:25

Citywide said she would get back to me our worker Jasmine.

2:07:29

Uh, but since the city manager also sits on the Phoenix Next board as well as the citywide board.

2:07:36

Um, I thought I would make an appearance here.

2:07:38

But basically, there is um it doesn't appear that there is Phoenix Police.

2:07:43

We have them come to a meeting, they are not visible.

2:07:46

I did see them on Ellesmere today.

2:07:49

Um, but basically, I have information.

2:07:52

Uh, the city manager's report, November 29th, 2023, where 246,000 is approved from Premier Health to the City of Dayton for Phoenix Police.

2:08:04

This is associated with specialized assignment of two full-time community-based police officers.

2:08:10

I also have detail from December 20th, 2022, where it states uh daytime and nighttime community-based police services in the former Good Samaritan Hospital portion of the neighborhoods.

2:08:26

Um I just I would like to know what documentation shows they are actually in my neighborhood.

2:08:31

Um, this also further states that there are invoices with detail.

2:08:37

Uh each 30 days submitted, Premier Health is supposed to have this information.

2:08:43

Um, the city will prepare and submit monthly reports to citywide.

2:08:47

I would like to have that documentation.

2:08:50

Um this is supposed to be supplemental police over and above the service levels of normal police.

2:08:56

So when neighbors tell me a lot of the responses will just call the police.

2:09:00

Why do we have the Phoenix police?

2:09:03

Um it also states if there is any changes that the city, thank you.

2:09:09

Thank you for your comments.

2:09:12

Annette Gibson Strong.

2:09:22

I'm Annette Gibson Strong, and I'm here about the one uh 15 rehab center.

2:09:29

State your address for the record.

2:09:30

My address is 437 Hopeland Street, Dayton Ohio, 45417.

2:09:36

Okay, I fought, and the antique man, I fought down here at the city to not put up the 115, the rehab, the problems it was gonna cause.

2:09:49

Well, they have allowed 115 to bab all our properties, all our abandoned homes, and all of that, and now they're closed.

2:10:00

And I fought.

2:10:05

The state is trying to sell that house for 100,000.

2:10:09

So I'm sure that the state they done took it back, so there's something fraudulent in there.

2:10:13

I'd like to know because I fought for it so hard to save my neighbors.

2:10:18

Now all of a sudden, they done, it's gotta be some fraudulent because they to the state took all of the properties that they built.

2:10:25

The building, the house, right in front of my door.

2:10:28

They ain't put nobody in them because they close them down.

2:10:31

And they put them all out down there.

2:10:34

And I fought for that.

2:10:35

I'd like to know, being a homeowner.

2:10:38

Well, fighting, I'd like to know.

2:10:39

Nobody's told me anything.

2:10:42

And the streets.

2:10:44

The buses were supposed to come through our streets.

2:10:46

Our streets has just got big holes.

2:10:48

They they fill them in then.

2:10:51

But they was allowing the buses.

2:10:53

I got the buses stopping.

2:10:54

And they that was temporary for them to enter the back of the job center while they was doing that construction.

2:11:02

Well, that was not uh temporary.

2:11:05

That gate is wide open, and they've been using it for years, and it's tearing up our streets because of the traffic.

2:11:10

And they not doing nothing about the traffic.

2:11:12

They put the electric pipe, they put the new pipes in the ground all around us.

2:11:16

They didn't come down at Hopeland.

2:11:19

You know, why we can't get new pipes.

2:11:21

Them new pipes on the next block gonna blow out our old ones.

2:11:24

And then we gonna be stuck paying that.

2:11:27

I don't feel that fair.

2:11:28

If you're gonna do it, you do the whole neighborhood.

2:11:30

They went around the neighborhood.

2:11:31

They didn't come down Hopeland.

2:11:33

I just had to have uh Commissioner Turner Slus get us a corner ramp, uh going out to the corner.

2:11:42

And there was a lady that lived in a wheelchair right there, been living there 30 years.

2:11:46

But they are doing nothing.

2:11:48

I want to know what happened at the 115 because I fought I lost sleep behind this.

2:11:54

I fought y'all tooth and nail.

2:11:56

And then it's all closed down and nobody saying nothing to me.

2:12:00

I own two properties there.

2:12:01

I feel like we we wasn't notified when they put it up, so it ain't gonna be no different.

2:12:05

And they put that house up.

2:12:07

We didn't know nothing about that house until y'all came to the the groundbreaking, and we lived there.

2:12:12

I own two properties there.

2:12:13

We knew nothing.

2:12:14

We were notified about nothing.

2:12:17

And uh it's just unfair.

2:12:19

Our streets is tearing up because the job court, uh, the job centers, traffic is coming through, is snatching up our ground.

2:12:26

They filling them in, they snatching them back up.

2:12:28

But that was supposed to have been temporary, also.

2:12:30

I was down here about that.

2:12:31

That was supposed to have been temporary.

2:12:33

They stopped the buses from going through, and the cars could go to the job center.

2:12:39

And it's still the same thing.

2:12:40

Okay.

2:12:41

Thank you for your comments.

2:12:42

Thank you, Miss Gibson Strong.

2:12:45

Ethan Batsburg.

2:12:49

Sorry, my handwriting is kind of strange.

2:12:53

Name and address for the record.

2:12:55

Good evening, commissioners.

2:12:56

I'm Ethan Vanderberg.

2:12:57

My address is 8317 Washington Village Drive.

2:13:00

I'm a proud member of the Party for Socialism and Liberation, speaking in support of the Safe Haven Resolution.

2:13:06

Too often, Q plus people are discriminated against, face violence, and are increasingly isolated.

2:13:10

Dayton has a proud history of community members speaking up for one another, one of resilience and termination.

2:13:16

We should be thinking about how this resolution is more than just a policy.

2:13:20

It is about the well-being of our people to make Dayton a place where everyone feels safe and can express themselves.

2:13:26

The real harm is when we let fear and stigma come from outside of our communities and let us and let it dictate how we treat our own people.

2:13:32

Letting discriminatory laws victimize our community sets a precedent for more attacks in ways in which we can be divided and alienated.

2:13:39

Dr.

2:13:39

Martin Luther King Jr.

2:13:41

reminds us that injustice anywhere is a threat to justice everywhere.

2:13:44

Our city must affirm that the people come first, above discrimination and division.

2:13:49

We want to send a clear message with this resolution proposal that our city is a place of justice and solidarity.

2:13:56

The Equal Protection Clause, the Civil Rights Act of 1964, and the Ohio Constitution all guarantee equal protection for all, but those aren't just rights on paper.

2:14:04

They're ones that have to be bought tooth and nail.

2:14:07

The mayor and the commission need to reaffirm that their combination of discriminatory laws is not only harmful to the mental well-being of Q plus people who come and visit our city, but for those who live here.

2:14:43

Passing this resolution would affirm that the city of Dayton would not use its resources to persecute or prosecute our neighbors and family and be complicit in inhumane discrimination.

2:14:53

We have the chance to show people that fear and prejudice will not dictate the future of our city.

2:15:00

This resolution isn't the final answer, but a powerful step in the direction of building a community we all deserve here in Dayton.

2:15:03

Thank you.

2:15:04

Then Kee Cummins.

2:15:27

Okay, I'm gonna go again to speak on my life.

2:15:31

My life, I've been shot 12 times.

2:15:34

I got two bullets still in my head.

2:15:36

My temper be hurting.

2:15:38

I catch migraines every day.

2:15:41

I barely can boo-boo.

2:15:42

I barely got an appetite.

2:15:44

So this guy deserves 18 years in prison for my life.

2:15:49

I bound to die any day.

2:15:52

Second, the life is for my kids.

2:15:54

We all have kids here, especially good fathers like us or me, you know.

2:16:00

I'ma do um, I'ma do um, sorry, sorry, I'm just take your time.

2:16:10

Evidence one stating, happy father's day.

2:16:15

Um, dear dad, happy father's day.

2:16:17

I want to go back home with you.

2:16:20

Um your life is so much better, and I pray every day.

2:16:25

I want to go back home.

2:16:26

I hope we go back home next month.

2:16:29

Evidence two, I'm holding up in my right hand.

2:16:34

Second daughter.

2:16:35

Happy Father's Day.

2:16:37

I love you so much.

2:16:38

I would never forget about you.

2:16:41

You, my best dad.

2:16:43

You are a great dad.

2:16:47

Now I'm going to talk about the public and the safety of my life.

2:16:53

I'm a U.S.

2:16:53

citizen of United States of America.

2:16:56

Um, I got this evidence stating in my hand.

2:17:00

I used to work um at Patrick Staffing.

2:17:03

I was a U.S.

2:17:04

citizen.

2:17:04

I was living at Gateway Shelter.

2:17:06

I was living downtown Dayton homeless for three years.

2:17:10

Public housing, hub housing, you guys pay for money.

2:17:13

Um, don't help good man that go to work every day and provide for themselves.

2:17:20

Evidence um three or four, I guess.

2:17:24

Four.

2:17:24

Sorry for the misunderstanding.

2:17:26

Evidence four, I'm holding up in my hand.

2:17:30

These um this statement and docket shows that this young lady tried to kill me with a nine millimeter a day after I mean a year after my mom passed here on Gettysburg, which the law don't provide or help Dayton police, they take you into custody, whoever do the right thing and stand up for what's right.

2:17:55

Now, let's go back again for you guys paying public houses.

2:17:59

These young women getting pregnant, losing their houses, steady getting public by public houses, letting these drug dealers go in there and Dayton police the state, I mean the chief police um by the laws giving them open to carry where they can get drug dealers, um open firearm, so as the guy who shot me 12 times, that his wife, um Jeanna Petaway, um gave him access to firearm because she allowed to go by firearm, and I would rather be with my mom in heaven.

2:18:34

Dayton, you guys don't um care about you as citizens.

2:18:39

I'm better than my daughter say daddy, daddy.

2:18:43

Thank you for the how y'all feel if young people like us do the right thing.

2:18:48

Not criminals.

2:18:48

Please take your seat, sir.

2:18:50

Thank you, Mr.

2:18:50

Lee.

2:18:51

Thank you.

2:18:51

Sorry if I didn't convene.

2:18:52

No further.

2:18:55

Gilbert Dillard.

2:19:07

Uh uh Mayor.

2:19:09

Your name and address for the record.

2:19:11

My name is Gilbert Dillard 5303, Joshua Trail, Dayton, Ohio, 45417.

2:19:17

Um, Mayor, staff members.

2:19:22

Wow.

2:19:23

Um, celebrate recovery.

2:19:25

Ramco, recovery alliance of Montgomery County.

2:19:28

I'm in your backyard, and I want you to know I'm in it.

2:19:31

And I've been playing at it for three years now.

2:19:33

This uh Ramco thing got passed down to me, got passed on to me.

2:19:37

And so I'm the head of Ramco now.

2:19:40

And you don't know what we do.

2:19:41

Ramco was create was was organized to for community engagement.

2:19:48

We want everybody involved in the mental health and substance use issues going on in our county, especially on the West Side.

2:19:56

We give all our events on the West Side.

2:20:00

We do two celebrations a year, free to the public.

2:20:02

We feed them, we let them have fun.

2:20:06

We tell them no family left inside, bring the kids out, and while their kids are having fun, we can have meaningful conversations.

2:20:14

We invite all our vendors out, our community resources out so that our community can get educated on what's available to them.

2:20:23

And not Ramco.

2:20:24

We're coming up on our second one.

2:20:26

Uh I just gave her a flyers.

2:20:27

If you don't have one, you will have one.

2:20:29

But I want you to know that we're here, and we're here to serve our community.

2:20:34

We celebrate recovery.

2:20:36

This thing was formed during the opiate epidemic when everybody was down, y'all was putting them in trailers, right?

2:20:41

And they were talking bad about people in recovery.

2:20:43

But we stood up and said, people do recover, and this is what we look like, ain't that beautiful?

2:20:47

Hey.

2:20:49

We let people know that people do recover and help is possible.

2:20:53

So if you haven't been to one of our events, I invite you.

2:20:57

Come out and look and see what we're doing and how we're engaging our community.

2:21:01

At every event, we have gotten somebody in the treatment.

2:21:05

Peer support is a big word for me.

2:21:07

I'm an advocate for peer support.

2:21:09

A person with a live experience can best help another person with a lived experience.

2:21:13

So if you're successful in your lived experience, come get certified as a peer recovery support and help that individual.

2:21:20

Because we're all connected to somebody.

2:21:22

This thing affect what?

2:21:23

98% of all American families where they're dealing with mental health and substance use issues.

2:21:29

So now the help is out here, and it's no more secret.

2:21:32

We're about to break that stigma.

2:21:34

I'm in recovery, and I ain't got no secrets about it.

2:21:37

Yes, I know that I had somebody walk by me.

2:21:41

This person was 27 years younger than me.

2:21:44

And he walked by me for two whole years before he told me to get my own program.

2:21:49

The word peer support wasn't out then.

2:21:51

So now it is.

2:21:53

Peer support is the key.

2:21:55

Come out and see what we're doing in our community.

2:21:58

We feed them for free.

2:21:59

We have games out there for the kids.

2:22:01

We give bikes away every event free to the to our kids to come to the park.

2:22:07

So come see what we're doing, have a meal with us.

2:22:10

Thank you for listening to Ramco.

2:22:11

Okay.

2:22:12

Thank you.

2:22:12

Thank you for your comment, sir.

2:22:14

Kevin Keller.

2:22:29

Kevin J.

2:22:30

Keller, 3922 East Third Street, Data Ohio, 45403.

2:22:35

Mayor, commissioners, staff.

2:22:39

I'd like to start with the fact that uh seems that after all the emotion of today's topics, mine seems very minuscule.

2:22:46

However, I will try to be brief.

2:22:48

Speed and reckless op and down East Third Street has become a problem, but I have been told by some commission folks that uh there is change coming.

2:22:58

And it's positive change.

2:22:59

I'm very happy to hear that because I've been speaking about this probably a year at your meetings.

2:23:03

Two years.

2:23:04

And I appreciate getting the thank you.

2:23:06

I've appreciated getting the not only the response from your mouths, but the hands, which means something's about to be done.

2:23:15

Um and I'm talking about this area because our roads are narrow, and not only people speeding down these hills, they're uh sideswiping cars.

2:23:24

My wife and I had our cards swiped three different times because people go down these small roads and they hit people and they leave.

2:23:33

You know, they think that nobody's gonna notice.

2:23:35

But one of the guys that hit my wife's car, turned around, and we got it on video, turned around to check the damage.

2:23:42

And he only admitted to it because I went and figured out the damage to other cards in the area and matched his up with our the van.

2:23:49

We got to do something about that.

2:23:51

Be community and have more patrols.

2:23:53

That would be nice.

2:23:55

And uh uh fix some of the dwindling streets in these uh older neighborhoods.

2:24:01

And something I don't understand, I'm gonna treat some research on it, is how Dayton Public Schools lost, doesn't have bussing for high school kids.

2:24:09

I never understood that.

2:24:12

And um, why are we still haggling about this this uh marijuana?

2:24:17

I thought the 62% of people in Ohio thought it was good, thought it was hey, it's time, we're adults, and everybody's going through these moratoriums or extending the moratorium.

2:24:30

Um I'm an aircraft mechanic, I can't do it anyway, and I don't want to lose my license, so I'm trying to be responsible that way.

2:24:37

But you know, those that want to do it are in a safe place, that's fine.

2:24:42

But I don't understand why our our towns are constantly uh making that harder, a real big hurdle to jump.

2:24:49

We've already voted on it as citizens, and it feels our government is taking some of those choices away from us by some of these uh kind of sneaky little amendments.

2:25:00

That's not right.

2:25:01

So as far as uh um express car wash, I get my car washed down there all the time.

2:25:10

I really like it.

2:25:11

And you know, I I'm wondering if some of these people are complaining, not my neighborhood, where does he get his car washed?

2:25:18

So I thank you very much for the opportunity to speak.

2:25:20

Thank you, Mr.

2:25:21

Thank you for having us.

2:25:24

David Woods.

2:25:38

David Woods, 3230, Lady View New Hello, Mayor City Council meeting.

2:25:42

Uh I'm just doing an update.

2:25:44

Uh the chief of police of Ketter, Ohio wasted my time.

2:25:50

They said that he got quote quote was on vacation that uh he's gonna go ahead and do you know, talk to Bernice Newish, the pretty white woman chairman.

2:25:59

See my dad got choked by the male nurse and talked to the male notes who choked my dad and uh the white man child of witnesses.

2:26:05

I got a court date, the courts uh luckily Dayton.

2:26:08

I got a court date that they're gonna subpoena her.

2:26:11

It will be about a month before she gets a subpoena, but I want him to go ahead and make it easy on me so she he could talk to her and then get the other white man child who was my dad got choked and then get the male notes to choke my dad so I can submit them all together in Montgomery County Courtroom with Judge Angela Jackson.

2:26:26

He don't want to do that.

2:26:27

So then I call him out seven times and then uh then eventually they say he's gonna call Monday, he didn't call Monday, he didn't call Christine McDonald at all.

2:26:36

And then they said, well, um you know, uh we can't do nothing about it because that's Kettering police.

2:26:43

I said, No.

2:26:44

When I cutting y'all city commission meeting, I told y'all that uh y'all are responsible because I called y'all to see help me with my dad, see my dad where I got trespass, and then y'all got in link with it.

2:26:55

So now they're in link with it, but he don't want to do his job and go down there and talk to him, and I told him to rest the guy.

2:27:01

So I told I called the mayor there and I told him I won't complain to her Tuesday, oh well next week.

2:27:07

Talk about they don't care about black people because I'm black, they ain't helping me at all because I feel it's a racial thing.

2:27:13

And then uh he's gonna be sitting right there, so I don't care if he get mad or don't get mad, because then I concerned about my dad who served the Vietnam War, who's a preacher, and he got disrespected.

2:27:22

Uh Christy McDonald's does uh uh investigating Kenneth Hospital.

2:27:26

Uh her number is 937-296-2555.

2:27:31

Uh the mayor of Kennedy, Ohio, her number is 937-296-2416.

2:27:37

I asked all the people to call her and complain about she police doing his job at Kent Ohio and do what I need to do and quit playing around because he already said that they're already in Lincoln, so he can do it.

2:27:47

And then I asked everybody to call Ketter McCampus Hospital, 937-298-4331, and call for Bernice Newest.

2:27:55

That you haven't seen my dad got choked because I must choke my dad, and he probably killed other people in there.

2:28:01

He choked a people left and right, they do nothing about it.

2:28:03

When it kind of everybody's concerned about doctors and nurses talking about, oh, we don't want them to be a criminal.

2:28:07

They are a criminal.

2:28:09

My dad is a preacher.

2:28:11

He uh preached for God Jesus Christ.

2:28:13

I respect him more than them.

2:28:15

And he's starting the Vietnam War here.

2:28:17

We've been in major trouble.

2:28:18

So I got a major power there, and I'm mad every day.

2:28:22

And I want millions of dollars for them people.

2:28:24

Don't they gonna make me feel bad is get a fry and give me a fine looking woman.

2:28:27

Thank you.

2:28:27

Thank you, Mr.

2:28:28

Woods.

2:28:28

Thank you for your comments.

2:28:30

That concludes the speakers, Your Honor.

2:28:32

Okay.

2:28:34

So Mr.

2:28:35

16, in closing comments.

2:28:38

Yes, uh, I only have uh uh a couple, um, your honor.

2:28:43

One is just to um correct a couple of things with regards to um Phoenix Next and the um neighborhood um or the community policing.

2:28:54

Um first of all, the the I do not sit on the Phoenix Next board that I have a rep I have a designee um that I appoint to the board.

2:29:04

I um and uh Miss Lamance was correct in that premier the premier contract does pay for the community policing because it is dedicated community police officers that are working then the Phoenix Next geography.

2:29:24

Um I have um been informed by uh staff that there were multiple attempts by city and citywide staff to connect with Miss Lamance to try and understand what the issues were and to have a dialogue.

2:29:38

Those went unanswered.

2:29:40

So I um will the staff will continue to try and um establish or facilitate a meeting so there can be some discussion because the Phoenix Next Um board as well as the um citywide help oversee the community policing aspect.

2:30:00

So it's really important that that communication happened.

2:30:04

And then lastly, just in relation to some of the comments made with regards to Safe Haven, and you all are very much aware that you know the for you know the last 10 to 20 years or more, the city um has been staunch advocates of our LGBT community.

2:30:26

Um very supportive of all of our citizens' rights with regards to regardless of who they love, where they're from, you know, we we are very welcoming.

2:30:43

And the um as an example, the human rights campaign municipal equality index, which has been a measure for nine years, evaluating laws, policies, service and services affecting the LGBTQ plus community.

2:31:00

Um the city has been evaluated all nine years, and we've exceeded a hundred percent because of the work you all have been doing for the last 10, 15, 20 plus years.

2:31:14

You know, as an example in 2017, you all passed the anti-conversion therapy ordinance that prohibited that kind of activity within our city.

2:31:24

And so I just offer that up as a an opportunity or or as information.

2:31:32

Um I uh do believe that the law department is doing some pretty active review of the ordinance that or the resolution that was provided and looking at best practices or what other cities have done.

2:31:50

Um that's obviously the first work that has to be done to be able to engage with you all on a direction and get your policy uh recommendations or your desires.

2:32:04

But um, as soon as the law department is done with that evaluation or that assessment, I'm sure that we'll be back in front of you all getting your input, sharing that information, and seeing what the direction or the pleasure of you uh of this body is.

2:32:21

But just uh wanted to update you on that.

2:32:24

And that is all I have for this evening.

2:32:26

Okay.

2:32:27

Good.

2:32:28

Uh Ms.

2:32:29

Black Schumer.

2:32:30

Any closing comments?

2:32:31

I have none, Your Honor.

2:32:32

None.

2:32:33

Commissioner's closing comments.

2:32:34

Uh Commissioner Jones Lawson.

2:32:37

Yes, thank you, Your Honor.

2:32:38

Um, Ms.

2:32:39

Dixtein, thank you very much for providing um more context and for speaking on um Ms.

2:32:45

Lamance comments as it relates to the the Phoenix next um uh project in the um the agreement, and I do I actually do recall that agreement um that was in fact passed in November of 2024.

2:33:01

Out of all things, I do remember that.

2:33:03

Um so I I really do appreciate you um again providing information, and if you would provide us with an update once in fact, staff is able to circle back with Ms.

2:33:14

Lemance.

2:33:15

And then was does that also include the suspected drug activity on Auburn?

2:33:22

When you follow up and have the conversation, I can get if we can get some more details.

2:33:27

Yes, thank you.

2:33:29

And then in re regards to the comments um for the the safe haven resolution, we'd like to thank um Joshua Haystead, Rhea Magneed, and please forgive me if I mispronounce your name, Abigail Williams, um Jordan Ashtram, Elizabeth Hudson, Youssef Alzane, Alex Johnson, Moss Dickey, Ethan Van Berg.

2:33:59

I really appreciate you all working in community and speaking in regards to the Safe Having Haven resolution.

2:34:07

I will tell you that we are in fact, um, as Ms.

2:34:09

Dixteen has already alluded to, we are in fact having internal conversation, and I look forward to working with my colleagues so that we can then in turn um continue the partnership and work with the the coalition of community members to identify a way forward um in terms of making sure that all of our um vulnerable communities are in fact protected, uh and that includes the protection of our um LGTP LGBT2.

2:34:35

I can't get it out.

2:34:36

It's okay.

2:34:37

Q plus community.

2:34:38

Q plus is good.

2:34:39

So thank you.

2:34:40

Thank you.

2:34:41

Um so again, I look forward to continuing working with the coalition.

2:34:45

Um Mr.

2:34:46

Keller, thank you for being here for your comments.

2:34:48

And again, as already mentioned, your concerns for speeding will in fact in are in the the horizon to be addressed.

2:34:56

Mr.

2:34:56

Gilbert, thank you for your commitment with Ramco.

2:35:00

I understand your event is generally at the end of this month if I have that date correct, but I'll look forward to reviewing the um the flyer that you have.

2:35:07

Mr.

2:35:08

Lee, um, all the best to you and your continued journey as well as Mr.

2:35:12

Woods.

2:35:13

Uh thank you both for being here.

2:35:14

And Ms.

2:35:15

uh Annette Gibson, thank you for raising your um community, your neighborhood concerns as well.

2:35:21

And then if we could get some additional uh information, Mr.

2:35:24

Parlett, as it relates to 115.

2:35:26

Um I know there was an article, but it was very vague and there wasn't a lot of detail.

2:35:30

So if we can get some information on that night.

2:35:32

Uh the city manager has made copious notes.

2:35:35

Okay, yes.

2:35:35

Thank you, Mr.

2:35:36

Parlet.

2:35:37

And then I would like to uh make notes.

2:35:40

Uh thank you, Ms.

2:35:41

Reed.

2:35:41

Um the youth NFL Flag Football League registration closing soon.

2:35:46

The Department of Recreation registration for the youth NFL Flag Football League closes August 23rd.

2:35:52

Ages three to four, fifty dollars.

2:35:55

Uh ages five to fifteen, sixty sixty dollars.

2:35:58

Practice will begin the week of labor day at Centennial Field 504 Helena Street, and registration is now open at um Daytonrec.com.

2:36:10

And then I would like to also acknowledge the leadership, the committee of all of those who participate, the um the vendors, um, the food vendors, the merchandise vendors, all of those who participated in for my understanding, this is the 59th year, if I have that correct, for the African American annual culture festival, as well as this was this may be year five or six for the annual Porch Fest.

2:36:39

I may have that wrong as well.

2:36:40

But both events were well attended.

2:36:43

It was hot this weekend, but that did not stop a number of people.

2:36:46

They traveled near and far to um the city of Dayton.

2:36:50

I met people from all over this weekend from Springfield, um Beaver Creek to Zenia, even outside of the the state of Ohio who actually came to enjoy the number of events between the African American Culture Festival and the annual Porch Fest.

2:37:06

So just would like to uplift the work of all of those members and all of those persons who are involved with both events as well as our city staff.

2:37:14

I know that they were working overtime this weekend.

2:37:17

And so again, just really would like to thank um all of those who came out and participated in this weekend's events.

2:37:24

And I believe that's all I have.

2:37:25

Thank you.

2:37:26

Okay, thank you.

2:37:26

Commissioner Fairchild.

2:37:28

Yeah.

2:37:28

Um thank you, Commissioner, for your comments.

2:37:31

I won't uh go over all those as well, but uh thank you for the citizens who have come and spoken.

2:37:37

Um want to thank the leadership for the Dayton African American Cultural Festival.

2:37:42

It was an awesome event as always.

2:37:45

Um and the Porch Fest.

2:37:47

I have to believe this was the highest attendance at Porch Fest.

2:37:50

Um as I went to every venue, there were streets filled, parks filled.

2:37:56

It wasn't really good event.

2:37:57

I think these are two of we got a lot of gems around Dayton.

2:38:00

These are definitely two of those.

2:38:02

Um would like to see when the Ramco event is.

2:38:08

I do want people to know that families of addicts has their um celebration and uh time of observance on Sunday from two to six down at Courthouse Square.

2:38:20

And so encourage people to come out uh for that event as well.

2:38:23

And that leads into my final comments is that um the city of Dayton is has a commitment to all of its citizens, and we value them, respect them, and want to celebrate all of our citizens.

2:38:36

And um we want to do that work.

2:38:39

I want to make sure that uh um I believe we have a special responsibility to those who are the most vulnerable.

2:38:45

And that includes our Q community and people who are trans.

2:38:49

So I hope people hear that well and that uh we look forward to working with you.

2:38:54

And so, okay, Mr.

2:38:57

Shaw.

2:38:58

Welcome to Commissioner, appreciate that.

2:39:00

Um I want to congrat congratulate our city manager, uh Sally Dixtean on being named one of the Dayton Business Journals.

2:39:06

Uh 2025 Women Who Mean Business, and it is well deserved.

2:39:10

So I know that you do mean business.

2:39:12

I appreciate that.

2:39:13

Uh I want to celebrate uh uh celebrate back Black Business Month by attending the Greater West Dayton Incubators Business Development Event on Thursday, August 21st, 7 30 to 9 a.m.

2:39:26

at 1105 West Third Street.

2:39:28

I just think that's a great opportunity to talk about and celebrate black businesses in this community.

2:39:33

Uh also um the annual Growing Black Business Symposium is a Saturday, October 23rd from 10 a.m.

2:39:40

to 1230 p.m.

2:39:41

at the downtown library opportunity center.

2:39:43

And you can hear from a panel of small business experts as they discuss challenges, give insight, and share resources.

2:39:50

That's a lot of uh good things happening in the small business community.

2:39:54

Um I heard it was a great event at the uh cultural festival.

2:40:00

I'm unfortunately I wasn't able to be there and in town, but uh I really hear great things about that, and I really uh want to congratulate all the organizers of that event.

2:40:07

It's outstanding.

2:40:08

Okay, thank you.

2:40:10

Thank you, Mayor.

2:40:11

Uh uh, my colleagues, colleagues have had really you've made most of the points I want to make.

2:40:16

But I'd like to look back at the history a little bit if I could.

2:40:19

I'm the I'm the last one standing.

2:40:20

You are the historian.

2:40:21

2007.

2:40:23

Uh I worked with then Mayor McLean and then Commissioner Whaley.

2:40:26

The three of us stood up against opposition on this podium and in the community, and we said we value everybody in the community, and we added uh gender identity, sexual orientation to our uh the anti-discrimination ordinance.

2:40:38

And I'm very proud of that.

2:40:39

So uh I want to like reassure folks that it is there.

2:40:43

It is broad.

2:40:44

We've made it very specifically broad, so it protected everybody.

2:40:47

Um that said, we're gonna ask a law department here to review it to make sure that it's still as broad as we meant it, uh, because there's a lot of crazy things happening at the federal level and the state level.

2:40:58

Uh but we want to reassure folks, just like Commissioner said, that we're a city for everybody.

2:41:02

We don't care who you love, we don't care where you're from, we don't care what you believe in, we are glad you're here.

2:41:07

We want you to have a chance to use your talents and contribute to the community and gain the benefits that come from being in community.

2:41:14

So uh we have uh over time we've evolved, we all support this now.

2:41:18

It's not a fight up here.

2:41:20

Um so uh I appreciate my my colleagues' comments.

2:41:22

I'll I'll just leave it there.

2:41:24

So we're here, we're we're doing the work.

2:41:26

Thanks for the commission.

2:41:27

Continue to follow up, had uh a meeting with uh some representatives.

2:41:31

Um maybe three, four weeks ago, and we talked about this very same issue and talked about the aspect of taking a look at what we have already and seeing if there's any need for any adjustment or modification.

2:41:44

But the sentiment is clearly there.

2:41:47

And it's it's painful, uh, just like it was or is still for people of color to uh walk through life and experience some of the same kind of challenges that you were talking about uh this evening.

2:41:59

Uh and again, Ms.

2:42:00

Dickey, I really have uh uh moved about some of the comments that you raised.

2:42:05

I'm glad that you're moving to Dayton uh and thank you for that.

2:42:08

Uh but the aspect of looking at all the kinds of concerns that we have, again, as my colleagues have mentioned, is something we've already began looking into to see what we can do in terms of adjusting that if there's a need to do so.

2:42:19

So again, thank you for that.

2:42:21

Additionally, we wanted to talk about the sunset at the market, which is open this Thursday, August 21st from 5 until 8.

2:42:29

Uh for the community and dining, shopping, live music by the Silver Grass Band.

2:42:35

Uh be sure to visit the uh Drive Electric Dayton, uh, which is also happening during the same time frame.

2:42:42

Also, which will be located out in front and have the opportunity to learn more about electric cars.

2:42:50

Additionally, on Saturday morning from 8 to 10, uh St.

2:42:55

Luke Baptist Church will have their annual pancake breakfast.

2:43:00

Uh this is very special because I am the person that's providing the world famous pancakes.

2:43:06

In fact, they're called Jeff's World Famous Pancakes.

2:43:08

So make sure you have uh opportunity to be in attendance for that.

2:43:12

Again, uh the tickets are just eight dollars.

2:43:14

And it goes as a fundraiser for the church uh senior usher board.

2:43:19

It's an annual thing, and I'm sure you enjoy yourself if you're there.

2:43:23

I think uh with no further business to come for this commission and uh love and peace for all and hatred for none, this meeting is adjourned.

Discussion Breakdown — Share of Meeting
Community Engagement███████████████████████23%
Procedural█████████████13%
Civil Liberties And Surveillance███████████11%
Zoning Regulations██████████10%
Zoning And Land Use█████████9%
Transportation Safety████████8%
Public Hospital Implementation█████5%
Public Safety█████5%
Mental Health Awareness███3%
Summary of Proceedings

Dayton City Commission Meeting – August 21, 2025

The Dayton City Commission met on August 21, 2025, to address a wide range of items including approvals of minutes, a proclamation honoring a citizen's heroism, introduction of a resolution to place a hospital property tax levy on the ballot, public hearings on two car-wash zoning applications, and extensive public testimony on LGBTQ+ safe-haven protections and other community concerns.

Consent Calendar

  • Minutes from August 13, 2025: Approved unanimously.

Proclamation & Recognitions

  • Proclamation – Sydney Billingsley Day: The commission proclaimed August 20, 2025, as "Miss Sydney Billingsley Day" in honor of her heroic actions on June 8, 2025, when she provided first aid and called 911 for a shooting victim, saving his life. Reverend Derek Dillard Stone and family members spoke in support, noting the victim survived eight gunshot wounds.

Discussion Items

  • Addition of Legislation & Emergency Resolution: City Manager Dixteen requested the addition of legislation for public hearings and an emergency resolution (6883-25) declaring it necessary to levy a tax in excess of the 10‑mill limitation to place a hospital levy on the ballot. Law Director Barbara Dosek explained the procedural steps required by the city charter after a citizen-initiative petition received the necessary 1,250 new signatures. The resolution directs the county auditor to certify estimated property tax revenue; subsequent steps must be completed before the September 3 deadline for the November 4 election. Commissioner Thomas Laws asked for clarification on the estimated tax impact; the law director provided a rough estimate of approximately $2 million annually at 100% collection, pending the auditor's certified report. Commissioner Turner Sloss inquired about when the resolution was made available; the law director stated it was shared with commissioners on the day of the meeting due to the tight timeline.
  • Zoning Case PLN 2025-00182 – Linden Avenue Car Wash: Planning staff presented a request from Expresswash Concepts to redevelop a former Rite Aid at 2922 Linden Avenue into a Flying Ace car wash. Staff noted the site's proximity to residential areas and recommended a six-foot masonry wall for sound mitigation. The applicant's attorney and representative described a $3–4 million investment, 12–17 local jobs, and a commitment to landscaping and community engagement. The Linden Heights Community Council and Southeast Land Use Board had recommended approval. The commission voted to proceed with first reading of the ordinance (32156-25), allowing the plan development to move to final plan review by the Plan Board.
  • Zoning Case PLN 2025-00183 – Wilmington Avenue Car Wash: Planning staff presented a second Expresswash Concepts application for 1158 Wilmington Avenue, also a former Rite Aid. This site is in a more pedestrian-heavy area near residential neighborhoods, parks, and a senior living facility. The Plan Board had recommended denial on concerns about noise, traffic, and property values. The applicant's attorney and representative argued that a car wash would be an improvement over the vacant building, offered to relocate the building exit/entrance to reduce noise, and submitted traffic and noise studies showing minimal impact. Several nearby residents spoke in opposition, citing existing congestion, noise from blowers and vacuums, and safety for pedestrians using assistive devices. The commission voted to remand the application back to the Plan Board for further consideration of noise mitigation, traffic solutions, and potential community benefits. A motion to remand passed unanimously.
  • Safe Haven Resolution: During public comments, 11 citizens spoke in favor of adopting a Safe Haven Resolution to protect LGBTQ+ individuals from discrimination and violence. Speakers cited personal experiences, mental health crises among trans youth, and the hostile state climate. City Manager Dixteen noted the city's long-standing support for LGBTQ+ rights, including a 2017 anti-conversion therapy ordinance, and stated that the law department is actively reviewing a community-drafted resolution and will return to the commission with recommendations.
  • Other Public Comments: Additional speakers addressed concerns about Phoenix Next community policing (Lynn Lamance), a closed rehab facility and infrastructure issues (Annette Gibson Strong), personal safety and housing (Kee Cummins), recovery awareness (Gilbert Dillard), speeding on East Third Street (Kevin Keller), and a complaint about police in Kettering (David Woods). Commissioners acknowledged each issue and committed to follow-up.

Key Outcomes

  • Minutes approved from August 13, 2025.
  • Proclamation declaring August 20, 2025, as Sydney Billingsley Day adopted.
  • Emergency Resolution 6883-25 (hospital tax levy of necessity) passed on second reading by a vote of 4 ayes, 1 abstention. The resolution directs the county auditor to certify tax revenue estimates, with a follow-up resolution to proceed required before September 3, 2025.
  • Zoning Ordinance 32156-25 (Plan Development for Linden Avenue car wash) received first reading and will proceed to final plan review by the Plan Board.
  • Wilmington Avenue car wash application remanded to the Plan Board for additional study of noise, traffic, and design modifications. The commission directed staff to facilitate discussions with neighboring residents.
  • Safe Haven Resolution review to continue; law department to complete analysis and return to commission.
  • Various community concerns logged for follow-up by city staff and relevant departments.

Meeting Transcript

The Dane City Commission meeting will now come to order. Please rise for the invocation and remain standing for the Play of Allegiance. This evening, the invocation will be given by Commissioner Shaw. Dear God, may the freedom you give us be used wisely, so that what we seek will be for the good of all. We ask this in your name. Amen. Amen. Pledge of allegiance to the flag of the United States of America. One nation, under God, individual liberty and justice. Mayor Mims. Aye. Commissioner Joseph. Shaw. Hi. Turner Slot. Hi. May I have a motion to approve the minutes from the August 13th meeting? So moved on. Second motion, it's been probably moved and seconded to approve the minutes from the August 13th meeting. All in favor say aye. Aye. All opposed say no. Okay. Black She, do we have any communications or petitions? There are none, Your Honor. Okay. I know we do have a presentation this evening. So I'd like to invoke uh invite excuse me, Miss Sidney Billingsley to the podium along with the Reverend Derek Diller Stone this evening. And Miss Billingsley will be uh receiving a proclamation for her exemplary deed of heroism. Hello. From the office of the mayor, the city of Dayton, Ohio, whereas we, the neighbors, family and friends of Sydney Billingsley, our proposal worker acknowledged the exemplary deed of heroism she showed on June 8th, 2025 by helping to save the life of Antonio Anderson, one of the customers she delivers to. I, Reverend Daria Dillard Stone, the servant, would like to pause to show love and appreciation for her big heart of compassion. There are still there are still good people amongst us, no matter what people do or don't do. The blood of Jesus covers us all, and the blood still works. And whereas Sydney Billing Slee took the time to call 911 while she administered first aid to the wounds he sustained, showing herself to be a citizen who cares about all human beings, regardless of creed or color, this group or zip code. Everybody is everybody. Do hereby complain proclaim August 20th, 2025 as Miss Sidney Billingsley Day in Dayton, Ohio. And it is signed by the mayor and is fixed with the city seal. Thank you. Thank you so much. Okay. Uh yes, Miss Dillard Slone, would you please explain the circumstances around the proclamation? On that day, a young man was shot eight times, and a bullet, one of the bullets entered my home, and I had missed the bullet by like 20 minutes and it missed my head. Miss Billingsley was delivering the mail, heard him say help. And because she had had some training in first aid, I think you would find you had trained to be a fire. Fireman. She knew she put her hand on one arm, leg on another, and three places, and was able to stop, put pressure on three of the wounds. That saved his life. He had eight bullets in him. That young man is still alive.

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