BEAVERCREEK CITY COUNCIL

CITY COUNCIL
Regular Meeting – September 8, 2014, 6:00 p.m.
Council Chambers
I.
II.
III.
IV.
V.
CALL TO ORDER
ROLL CALL
PLEDGE AND MOMENT OF SILENCE – Council Member Giambrone
APPROVAL OF AGENDA
APPROVAL OF MINUTES
A. August 25, 2014 Regular Meeting
VI.
PRE-SCHEDULED PRESENTERS
A. Karl Colon, Director, Greene County Public Library, Issue 2
VII.
PUBLIC HEARING – PUD 12-1, SSP #1 Rolin Specific Site Plan, Ronald Miller
Sr., 2541 Eagle View Dr., Beavercreek, OH 45431
A.
B.
C.
D.
E.
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1368 Research Park Dr
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Applicant Presentation
Staff Presentation
Public Input
Council Input
Motion
VIII.
ORDINANCES, RESOLUTIONS AND PUDS
A. Resolution 14-47 Nutter Park Entrance Road Assessment Project Resolution of Necessity
B. Ordinance 14-19 Nutter Park Entrance Road Assessment Project –
Ordinance to Proceed (First Reading)
IX.
X.
XI.
XII.
XIII.
XIV.
CITY MANAGER’S REPORT
MAYOR’S REPORT
COUNCIL TIME
CITIZEN COMMENTS
EXECUTIVE SESSION
ADJOURNMENT
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BEAVERCREEK CITY COUNCIL
REGULAR MEETING August 25, 2014 6:00 p.m.
CALL TO ORDER
Mayor Jarvis called the meeting to order followed by roll call.
PRESENT: Council Member Giambrone, Council Member Litteral, Council
Member Petrak, Council Member Upton, Council Member Whilding, Vice Mayor
Wallace, Mayor Jarvis
ABSENT: None
ALSO IN ATTENDANCE: Michael Cornell, City Manager; Dennis Evers, Chief of
Police; Bill Kucera, Financial Administrative Services Director; Dianne Lampton,
Clerk of Council; Jeff McGrath, Planning & Zoning Director; Steve McHugh, Legal
Counsel; Jeff Moorman, City Engineer; Mike Thonnerieux, Parks/Recreation
Superintendent.
PLEDGE AND MOMENT OF SILENCE
Vice Mayor Wallace led the pledge followed by a pray.
APPROVAL OF AGENDA
Council Member Upton MOVED to approve the agenda, seconded by Council
Member Petrak. Motion PASSED by majority voice vote.
APPROVAL OF MINUTES
Council Member Giambrone MOVED to approve the minutes of the August 11,
2014 Regular Meeting, seconded by Council Member Litteral. Motion PASSED by
majority voice vote. (Upton abstained)
PRE-SCHEDULED SPEAKER
Review of State Audit – Greg Hughes, Plattenburg and Associates
Mr. Hughes explained the audit covered the year 2013 in the three areas of
financial statements, the City’s internal control and the the City’s compliance with
laws, regulations and grants. He referred to the summary page of the report he
handed out to the Council. He explained the no’s on the page meant there were
no issues with those area and unmodified meant it was a clean opinion. He said
very clean audit reports are very difficult to achieve and to not expect it every year
but it was achieved for 2013.
Council Member Petrak questioned if the tests they run are similar to those used
with the banks years ago at the federal level. Mr. Hughes said it was not the same
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August 11, 2014
thing. He explained what they are testing is the compliance with all the rules and
eligibility requirements related to the grants. He said they also do tests to ensure
the financial statements are in compliance with generally accepted accounting
principles.
Council Member Giambrone said this is a good proof point that says we are
spending our resources appropriately and have good business practices. She
wanted this to be shared.
Mayor Jarvis expressed his appreciation towards the finance department for a job
well done.
ORDINANCES, RESOLUTIONS AND PUDS
Ordinance 14-16 Zoning Code Changes (Third Reading)
Clerk Lampton read an Ordinance amending Chapter 158, by making certain
additions, deletions and changes to various sections of the Zoning Code (PC 148).
Council Member Litteral MOVED to approve Ordinance 14-18, seconded by Vice
Mayor Wallace. Motion PASSED by roll call vote of 6-0.
Resolution 14-45 Greene County Auditor to Enter the Cost of Noxious Weeds and
Grass Cutting on the Tax Duplicate
Clerk Lampton read a Resolution directing the Greene County auditor to enter the
cost of noxious weeds and grass cutting on the Tax Duplicate for the properties
described in Exhibit “A.”
Mr. Kucera said this is the annual legislation to send the code enforcement
violations to the County Auditor to add to the tax duplicate for next year. He
reviewed the process for code violators. Any amounts that remain unpaid are
given to the County Auditor and will be payable in March 2015. He said any
assessment that we place on the tax duplicate is a lien on the property. Mr. Kucera
reviewed the statistics of the complaints and the owners’ responses. He said 29
parcels were being assessed for a total of $6,624.
Council Member Litteral explained the one code enforcement officer has done an
excellent job. Most cities have 3-4 code enforcement officers.
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Vice Mayor Wallace asked if a citizen is listening tonight and sees their name on
the report can they make their payment before this is given to the auditor. Mr.
Kucera replied that it was too late at this point.
Council Member Upton asked if everything had been collected in years past. Mr.
Kucera replied that we have 98% of it collected but that could be older ones that
just settled.
Council Member Giambrone MOVED to approve Resolution 14-45, seconded by
Council Member Litteral. Motion PASSED by majority voice vote.
Resolution 14-46 Nature Works Grant
Clerk Lampton read a Resolution authorizing submission of an application for FY
2014 NatureWorks Grant
Mr. Thonnerieux said they were requesting permission to apply for a NatureWorks
Grant through the Ohio Department of Natural Resources. He said the grant would
fund a poured in place, rubberized surface for the playground at Virgallito Park. He
said it meets the fall standard requirement and also helps provide access for
children with access/mobility challenges along with those parents and
grandparents that would be there playing with the child. He said it is an 80/20
match grant.
Council Member Upton said it was great that staff continues to look for grants and
ways to improve the City without asking for additional dollars.
Council Member Litteral MOVED to approve Resolution 14-46, seconded by
Council Member Giambrone. Motion PASSED by majority voice vote.
LIQUOR PERMITS
Last Call Operating I Inc dba Fox & Hound Rub & Grille (transfer)
Chief Evers said the Ohio Division of Liquor Control sent police notification of a
request regarding transfer of a D5 and D6 liquor permit from Tent Restaurant
Operations Inc. DBA Fox & Hound Pub & Grille, 2661 Fairfield Commons,
Beavercreek, Ohio 45432 to Last Call Operating Co.,1 Inc, DBA Fox & Hound Pub
& Grille, 2661 N. Fairfield Road, Beavercreek, Ohio 45432. He said the
background checks required by the Ohio Department of Commerce – Division of
Liquor Control were conducted on the corporate shareholders for this application
request. Staff is recommending this application request move forward without
comment.
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Council Member Litteral MOVED to accept without comment, seconded by Vice
Mayor Wallace. Motion PASSED by unanimous voice vote.
Red Lobster Hospitality LLC dba Red Lobster #698 (transfer)
Chief Evers said the Ohio Division of Liquor Control sent police notification of a
request regarding a transfer of a D5 and D6 liquor permit from N and D
Restaurants, Inc. DBA Red Lobster #698, 2803 N. Fairfield Road, Beavercreek,
Ohio 45432 to Red Lobster Hospitality LLD, DBA Red Lobster #698, 803 N.
Fairfield Road, Beavercreek, Ohio 45432. He said the background checks
required by the Ohio Department of Commerce – Division of Liquor Control were
conducted on the corporate shareholders for this application request. Staff is
recommending this application request move forward without comment.
Council Member Litteral MOVED to accept without comment, seconded by Council
Member Petrak. Motion PASSED by unanimous voice vote.
DECISION ITEMS
Motion to Approve – Second Quarter 2014 Financial Summary
Mr. Cornell said Mr. Kucera had presented the summary at the last meeting.
Council Member Litteral MOVED to accept the Second Quarter 2014 Financial
Summary, seconded by Council Member Upton. Motion PASSED by majority
voice vote.
CITY MANAGER’S REPORT
Mr. Cornell said the City Offices would be closed next Monday for Labor Day. He
said the I-675 Pedestrian Bridge in now under construction. The project is set to
be completed by the end of May 2015. He said the new website has been receiving
a number of positive comments.
MAYOR’S REPORT
Mayor Jarvis said the Popcorn Festival is September 6th and 7th. Saturday’s hours
are from 10:00 a.m. to 8:00 p.m. with a 5K run that starts at 8:30 a.m. and Sunday’s
hours are from 11:00 a.m. to 6:00 p.m. with the car show registration starting at
9:00 a.m.
He said the Col. Glenn Highway Task Force has scheduled a public open house
for September 17th from 4:30 p.m. to 7:00 p.m. at the Wright State University
Student Union in the Wright Brother’s Room. The working draft of the plan is on
the City’s website.
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COUNCIL TIME
Council Member Litteral said she and Council Member Petrak sat on the Col.
Glenn Task Force and Randy Burkett has done a fantastic job. She said she
attended the 2nd anniversary of the Paper Cottage. She said it has been a pleasure
to meet the new base commander and his team.
Council Member Upton said Col. Barlow is staying in the area as the Director of
Workforce Programs. He said Heritage Day at Wartinger Park will be on Saturday,
September 13th.
Council Member Giambrone said she has asked how can they build a better
understanding of diverse populations. She said one of the initiatives a
Beavercreek resident is working on is called Compassionate Cities. She said Kim
Vesey, who works for Hospice, is bringing this to the Dayton region. Council
Member Giambrone asked if Council would be interested in having a presentation
by Ms. Vesey. She said it’s about a campaign to be more compassionate and
better understand each other and encourage city leaderships to bring together
efforts where we show compassion to each other through initiatives.
Mayor Jarvis said he was okay to invite her.
Vice Mayor Wallace thanked Mr. Cornell and Mr. Kucera on the excellent
independent auditor’s report. She thanked Col. John Devillier for being aggressive
to get to meet the people within the community.
Council Member Petrak said the merchants in the Popcorn Festival area are open
for business.
Council Member Whilding said school starts tomorrow and please be careful at the
bus stops.
CITIZEN COMMENTS
There were no citizen comments.
EXECUTIVE SESSION
Council Member Petrak MOVED to enter into Executive Session at 6:33 p.m.
pursuant to Section 121.22 of the Ohio Revised Code, for the purpose of the
appointment, employment or compensation of a public employee or official and
conference with city attorney concerning disputes involving the City that are
subject to pending or imminent court action, seconded by Vice Mayor Wallace .
Motion PASSED by a roll call vote of 7-0.
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Council Member Giambrone MOVED to adjourn executive session at 7:30 p.m.,
seconded by Council Member Whilding . Motion was PASSED by roll call vote of
7-0.
Council Member Giambrone MOVED to reconvene the meeting, seconded by Vice
Mayor Wallace . Motion PASSED by majority voice vote.
ADJOURNMENT
Council Member Giambrone MOVED to adjourn the meeting at 7:31 p.m.,
seconded by Council Member Litteral. Motion PASSED by majority voice vote.
__________________________
Brian Jarvis, Mayor
ATTEST:
________________________
Dianne Lampton
Clerk of Council
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CITY OF BEAVERCREEK, OHIO
RESOLUTION NO. 14-47
SPONSORED BY COUNCIL MEMBER _______________ON THE 8TH DAY OF
SEPTEMBER, 2014.
A RESOLUTION DECLARING THE NECESSITY OF THE
CONSTRUCTION AND THE IMPROVEMENT OF CERTAIN
ROADWAYS, AND PUBLIC PLACES, IN THE CITY OF
BEAVERCREEK, OHIO AND RELATED TO THE
PROJECT KNOWN AS THE SIKH RELIGIOUS CENTER
OF DAYTON.
WHEREAS, this Council has heretofore been petitioned to improve certain
roadways and public places for certain portions of the entrance road to Nutter Park
along the project known as the Sikh Religious Center of Dayton, such improvements to
be paid for in part by special assessment; and
WHEREAS, plans, drawings, specifications and profiles of the improvements for
which are petitioned, and an estimate of the cost of same have been prepared and are
filed in the office of the Clerk of Council and are open to the inspection of all persons
interested;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
BEAVERCREEK, OHIO, THAT:
SECTION I.
It is necessary to improve certain streets, alleys, easements, or public places, or parts
thereof in the City of Beavercreek (the “City”) by the improvement of the entrance road
to Nutter Park from the intersection with Factory Road to 575 feet west of Factory Road,
by the construction, extension, installation, and improvements as more particularly
described in Exhibit “B” of the petition, attached hereto and incorporated herein, and as
also described in drawings on file in the office of the City of Beavercreek City Engineer,
such improvements including, but not limited to the construction, extension, installation,
and improvements as may be necessary and proper, and as further shown on the plans,
drawings, specifications, and profiles referred to in the Preambles hereof (referred to
collectively hereinafter as the ‘Improvements’).
SECTION II.
As applicable, the plans, profiles and specifications, and the estimate of cost for the
Improvements referred to in the Preambles above are approved.
SECTION III.
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It is hereby determined that a petition requesting the Improvements has been presented
to this Council and has been subscribed by all owners of the lots and lands to be
assessed, and such petition is accepted by this Council.
SECTION IV.
It is hereby determined and declared that the improvements are conducive to the public
peace, health, safety and welfare of the City and the inhabitants thereof.
SECTION V.
The cost of the improvements shall be paid in part by special assessment with the Sikh
Religious Center of Dayton, the petitioner, construction the project known as ‘The Sikh
Religious Center of Dayton’ as indicated in Exhibit ‘C’ of the petition, attached hereto.
SECTION VI.
The total amount to be assessed to the Sikh Religious Center of Dayton, for the
proposed construction, extension, installation, and improvements as more particularly
described in Exhibit “B” and Exhibit “C” of the petition shall not exceed $20,000.
SECTION VII.
By the Petition referred to in the Preambles hereof, the lots and lands to be benefitted
are those lots and lands referred to in the Petition and as more particularly described in
Exhibit “A”, attached hereto and made a part hereof, and such lots and lands are to be
assessed the cost of the Improvements up to a maximum amount of $20,000 and in
such event the method of levying said special assessments shall be on a per acre basis
across the property described in Exhibit ‘A’. If the land described in Exhibit ‘A’ is further
subdivided into multiple lots, then the assessment shall be apportioned on a per
acreage basis against each such lot. Any lands conveyed to the City of Beavercreek, or
any lands dedicated for use as public right-of-way, shall not be assessed for any of the
costs of the improvements requested under this petition.
SECTION VIII.
The lots or parcels of land to be assessed for the Improvements shall include all lots
and lands described in Exhibit “A”, attached hereto and made a part hereof, all of which
said lots and lands are hereby determined to be specially benefitted by the
improvements. Any lands conveyed to the City of Beavercreek, or any lands dedicated
for use as public right-of-way, shall not be assessed for the cost of the improvements
requested under this petition. Any such costs which would have been assessed to
lands conveyed to the City of Beavercreek, or land dedicated for public use as right-ofway shall be reallocated in a pro rata manner against the remaining real property
described in Exhibit ‘A’.
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SECITON IX.
The cost of the Improvements to be paid for directly, or indirectly, in whole or in part, by
funds derived from special assessments, may include but is not limited to: (a) the cost
of printing, serving, and publishing notices, resolutions, and ordinances; (b) the cost of
all special proceedings; (c) the cost of labor and material, whether furnished by contract
or otherwise; (d) interest on bonds or notes issued in anticipation of the levy and
collection of the special assessments; (e) the total amount of damages, if any, resulting
from the Improvements and interest thereon; (f) the cost incurred in connection with the
preparation, levy and collection of the special assessments, including legal expenses
incurred in connection with the preparation, levy and collection of the special
assessments, including legal expenses incurred by reason of the Improvements; (g) the
cost of any special engineering studies conducted or cause to be conducted by the City
of Beavercreek in the sole discretion of the City; (h) incidental costs directly connected
with the Improvements; and (i) if applicable, the purchase price of real estate or any
interest therein when acquired by purchase or appropriation.
SECTION X.
The assessment to be levied for the initial construction and installation of the
Improvements shall be paid in annual installments over a period of time not to exceed
fifteen (15) years, with interest on the deferred payments at the same rate and for the
same period as the bonds to be issued in anticipation of the collection thereof; provided
that the owner of any property assessment, at this option, pay in cash and at any time
after the first, initial date of such assessment the total remaining balance deferred
payments, with interest on the balance of deferred payments at the same rate as the
bonds to be issued in anticipation of the collection of the assessment.
SECTION XI.
The bonds of the City may be issued in anticipation of the collection of special
assessments by installments and in an amount equal thereto and notes of the City may
be issued in anticipation of the issuance of said bonds and the levy of such
assessments.
SECTION XII.
Any remainder of the entire cost of the Improvements, after application of the
assessments herein provided, may be paid by the issuance of bonds of the City in the
manner provided by law or from funds available to the City for this purpose.
SECTION XIII.
The Clerk of Council is hereby authorized and directed to cause to be prepared and
filed in the office of said Clerk of Council the estimated assessments of the cost of the
Improvements in accordance with the method of assessment set forth in this Resolution,
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showing the amount of the assessments against each lot or parcel of land to be
assessed.
SECTION XIV.
It is found and determined that all formal actions of this Council concerning and relating
to the adoption of this Resolution were adopted in an open meeting of this Council; and
that all deliberations of this Council and of any of its committees that resulted in such
formal action, were in meetings open to the public, in compliance with all legal
requirements including Section 121.22 of the Ohio Revised Code.
SECTION XV.
This Resolution shall become effective immediately upon its passage.
THIS RESOLUTION IS ADOPTED BY THE Council of the City of Beavercreek,
Ohio this 8th day of September, 2014.
________________________________
Brian Jarvis, Mayor
Attest:
________________________________
Dianne Lampton, Clerk of Council
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CITY OF BEAVERCREEK, OHIO
ORDINANCE NO. 14-19
SPONSORED BY COUNCIL MEMBER ______________ ON THE 8TH DAY OF SEPTEMBER,
2014.
AN ORDINANCE TO PROCEED WITH THE DESIGN, CONSTRUCTION,
INSTALLATION, AND INSPECTION OF ROADWAY IMPROVEMENTS AND
IMPROVEMENTS TO PUBLIC PLACES IN THE CITY OF BEAVERCREEK, OHIO,
AND RELATED TO THE PROJECT KNOWN AS THE SIKH RELIGIOUS CENTER
OF DAYTON.
WHEREAS, in response to a petition signed by the required number of benefitted
property owners, this Council adopted Resolution No. 14-47, declaring the necessity of
designing, constructing, installing, and inspecting certain roadway improvements, and
improvements to public places, as such improvements are described and referred to in
said Petition and said Resolution (herein the ‘Improvements’), to portions of the entrance
road to Nutter Park; related to the project known as the Sikh Religious Center of Dayton,
located in the City of Beavercreek; such improvements to be paid for in part by special
assessment; and
NOW, THEREFORE, the City of Beavercreek (the “City”), County of Greene, State of
Ohio, hereby ordains:
SECTION I.
That it is hereby declared to be the intention of this Council to proceed with the
improvement of certain streets, alleys, easements, or other public places, or parts thereof
by constructing and installing, the Improvements, the nature of such Improvements and
which streets, alleys, easements, or other public places, or parts thereof, are described in
Resolution No. 14-47, duly adopted by this Council on September 8, 2014.
SECTION II.
That the Improvement shall be made in accordance with the provisions of said
Resolution, and in accordance with the plans, specifications, drawings, profiles and
estimate of cost of the Improvements, approved pursuant to said Resolution, now on file
in the office of the Clerk of Council.
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SECTION III.
That the assessable portion of the cost of Improvements shall be assessed on the
benefitted properties in the manner and in the number or annual or semi-annual
installments as provided in said Resolution.
SECTION IV.
That the estimated assessments heretofore prepared and filed in the office of the
Clerk of Council, in accordance with said Resolution, be and the same are hereby adopted.
SECTION V.
That, incompliance with Section 319.61 of the Ohio Revised Code, the Clerk of
Council be and is hereby directed to deliver a certified copy of this Ordinance to the
Greene County Auditor no later than fifteen (15) days after the date of adoption hereof.
SECTION VI.
That the City Manager, or his designee, is hereby directed to provide or advertise,
as necessary and applicable, for the construction and installation of the Improvements;
and further that a contract for same may be let in the manner provided by law, and the
cost of the Improvements shall be financed as provided in said Resolution.
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SECTION VII.
That it is found and determined that all formal actions of this Council concerning
and relating to the adoption of this Ordinance were adopted in an open meeting of this
Council, and that any and all deliberations of this Council and any of its committees that
resulted in formal action were in meetings open to the public, in compliance with all legal
requirements, including, but not limited, Section 121.22 of the Ohio Revised Code.
PASSED this 8th day of September, 2014.
ATTEST:
___________________________
CLERK OF COUNCIL
_______________________________
Brian Jarvis, Mayor
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AGENDA
1368 Research Park Dr
CITY COUNCIL
Beavercreek, Ohio
Work Session – September 15, 2014, 5:00 p.m.
Council Chambers
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I.
II.
III.
IV.
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
DISCUSSION ITEMS
A. DP&L Pricing Model & Government Aggregation – Bob Stallman, Director of
Community Development
B. Greene County Solid Waste Plan – Draft, Dana Storts, Manager, Greene
County Environmental Services
C. Storm Water Utility
D. Property Maintenance Code
E. Action Plan for Rezoning of PUD 97-1
F. Park Levy Action Plan
V.
ADJOURNMENT
CITY COUNCIL
Regular Meeting – September 22, 2014, 6:00 p.m.
Council Chambers
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
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Beavercreek, Ohio
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CALL TO ORDER
ROLL CALL
PLEDGE AND MOMENT OF SILENCE – Council Member LItteral
APPROVAL OF AGENDA
APPROVAL OF MINUTES
ORDINANCES, RESOLUTIONS AND PUDS
A. Ordinance 14-19 Nutter Park Entrance Project – Ordinance to Proceed
(Second Reading – Public Hearing)
CITY MANAGER’S REPORT
MAYOR’S REPORT
COUNCIL TIME
CITIZEN COMMENTS
ADJOURNMENT
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PLANNING DEPARTMENT STATUS REPORT
September 3, 2014
CITY COUNCIL
September 8, 2014
• PUD 12-1, SSP #1, Rolin, public hearing
September 15, 2014 (Work Session)
• Property Maintenance Code
September 22, 2014
•
•
Tabled / Delayed / Pending
•
•
Z-14-4, Miami Valley Res. Park, rezoning
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PLANNING COMMISSION
September 3, 2014
• PUD 14-3, SSP #1, Leo Brown Beavercreek, public hearing
•
Replats/Lot Combinations – Internal Review
•
Incidental Modifications
•
Filed/Incomplete
Currently Tabled / Delayed
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BOARD OF ZONING APPEALS
September 10, 2014
•
•
Currently Tabled or Delayed
•
•