business plan and the potential impact of noise on nearby residents. He acknowledged that Russell Total Wealth & Wellness had historically been a good neighbor.

Mrs. Jackson reported that she attended the Planning Commission meeting and observed the Commission’s efforts to establish reasonable conditions and thoughtful compromises. She also noted that she spoke with several residents who live along W. Schantz Avenue regarding the application. Mrs. Jackson stated that the Applicant has demonstrated a strong commitment to maintaining high standards and responding to neighborhood concerns, and she expressed her support for the Planning Commission’s recommendation.

Mrs. Turben stated that she appreciated the Applicant’s concessions, including relocating the court further from neighboring residences, but continued to have concerns regarding potential sound impacts. She discussed separation distance recommendations commonly associated with pickleball courts, which she had looked up online, and asked whether a sound study would be appropriate.

Mr. Jacques reminded Council that its decision must be based solely on evidence presented during the public hearing process, and that members may not consider information gathered independently. Discussion followed regarding whether a sound study would provide meaningful additional information, with several Council members indicating they did not believe such a study would alter their positions.

Mayor Duncan noted that the revised court location increased the distance from neighboring residences and reduced potential impacts. He also referenced the Applicant’s willingness to eliminate lighting associated with the court and commended the Planning Commission for its unanimous recommendation and proposed conditions.

Discussion continued regarding enforcement of noise complaints and the City’s existing processes for addressing nuisance concerns. Council members also discussed the role of the Planning Commission and the weight given to its recommendations.

Mr. Dorf proposed amending the conditions to prohibit lighting associated with the pickleball court. Council was receptive to this additional condition and asked Mr. Jacques for clarification as to how to add it, since approval had already been moved and seconded. Mr. Jacques opined that if Mr. Dorf was proposing an amendment to the motion, it could be accepted by the movant, and Council could then proceed to a vote.

Mrs. Jackson accepted the amendment, with acceptance seconded by Mrs. Turben, to approve Application No. 26-2 with the conditions recommended by the Planning Commission, and with the additional condition that court lighting be removed due to the proposed operating hours of 9:00 a.m. to 5:00 p.m. Mr. Jacques was directed to write the additional condition into the ordinance, where space was provided for such additional conditions.

Upon call of the roll on the question of the amended motion, the following vote was recorded:

MR. WILLIAM D. DUNCAN YEA
MRS. LEIGH TURBEN YEA
MRS. HEALY JACKSON YEA
MR. SAM DORF YEA

There being four (4) yea votes, said resolution was declared duly passed and it was so ordered.

Vice Mayor Byington returned to the dais.

CITY MANAGER’S COMMENTS

Mrs. Smiddy provided updates on several recent initiatives. She noted that the Communications Survey was launched on May 1 and encouraged all residents to complete it online to help the City better understand community communication preferences and needs. She also shared that she, along with Recreation Supervisor Thomas Hayes and Public Works Director Doug Spitler, attended the Tree City USA award program, where the City was recognized for its 44th year as a Tree City USA community. In addition, she reported that the April 10–11 Perennial Sale was successful, offering a wide variety of plants, and expressed appreciation to staff, the Beautification Committee, and volunteers. Remaining herb plants were donated to Mission of Mary Cooperative in downtown Dayton for use in their garden beds.