City Commission

On Wednesday, February 7, 2024, at 6:02 p.m., the Dayton City Commission met in regular session in the Commission Chambers of City Hall. CALL TO ORDER Mayor Mims called the meeting to order. ROLL CALL Roll call was taken, and Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner- Sloss were present. The Clerk of Commission, Ms. Regina Blackshear, and the City Manager, Ms. Shelley Dickstein, were also present. INVOCATION Commissioner Shaw gave the invocation. PLEDGE OF ALLEGIANCE Mayor Mims led the public in the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Shaw made a motion to approve the minutes from the January 31, 2024, City Commission meeting. Commissioner Fairchild seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS Communication #21870 Work Session Handout – Department of Recreation – Five-Year Strategic Plan Communication #21871 Handout from Destiny Brown at City Commission Meeting Communication #21872 State of Ohio, Department of Liquor Control – Permit Application No. 5284890 – NEW – D1 – Local 937 LLC, 1501 E 5TH Street, Dayton OH 45403. The Clerk of Commission reported receipt of Permit Application No. Permit Application No. 5284890 – NEW – D1 – Local 937 LLC, 1501 E 5TH Street, Dayton OH 45403. The application was referred through the city for investigation. Communication #21873 Email from Rhea DeBussy – RE: Police Surveillance Technology Communication #21874 Email from Stanley Hirtle - Dayton Tenant Union SPECIAL AWARDS/PRESENTATIONS There were no presentations or awards. ADDITIONS OR DELETIONS TO THE CALENDAR The Clerk of Commission, Ms. Regina Blackshear, requested the addition of the legislation pertaining to the public hearing at the desire of the City Commission. Ms. Blackshear also corrected Ordinance No. 32085-24. She said it should be read as an emergency. DISCUSSION OF CALENDAR ITEMS Calendar Item No. 3. CityWide Development Corporation – Service Agreement The City Manager, Ms. Shelley Dickstein, said the agreement will help to cover work that is done alongside city staff throughout the city. Calendar Item No. 5. C.G. Construction & Utilities, Inc. – Award of Contract The City Manager, Ms. Shelley Dickstein, said the contract will replace a 1909 installed pipe. She said they would be increasing the pipe size from eight inches to 12 inches. Emergency Ordinance No. 32085-24- Enacting Section 137.23 of the Revised Code of General Ordinances Regarding Nuisance Parties. The City Manager, Ms. Shelley Dickstein, said the ordinance will provide police with the authority to deal with nuisance activities that have become popular since COVID-19. Calendar Item No. 1. E1. Burrs, Dr. Linda J. dba STEP UP TO SUCCESS! LLC- Purchase Order Commissioner Fairchild asked about the rate of the contract if it was the same and if it was bid. Ms. Dickstein said it was the same rate and they don’t bid it because it’s a professional service contract with expertise and outcomes. Commissioner Fairchild asked if the purchase order could be pulled and voted on separately. Mayor Mims asked about the issue of honing and state law. Major Hall said he doesn’t know where the Senate is on the issue but will get back to the commission in the future. REPORTS 1. Purchase Orders, Agreements and Contracts: (All contracts are valid until delivery is complete or through December 31st of the current year). FIRE A1. Fire Service, Inc. (E-One brand parts and repair services as needed through 12/31/24) $100,000.00 A2. Proficient Information Technologies, Inc. – P0240753- (professional technical support services as needed through 12/31/24) $150,200.00 HUMAN RELATIONS COUNCIL B1. Green & Green Lawyers, A Legal Professional Association (professional legal services as needed through 12/31/27) 60,000.00 HUMAN RESOURCES C1. Frost Brown Todd LLC (professional legal services as needed through 12/31/26) 600,000.00 INFORMATION TECHNOLOGY D1. Dell Marketing LP -P0240748- (two Dell hardware units) 14,193.00  D2. Millennium Franchise Group LLC – P0240646- (temporary staffing services as needed through 12/31/28) 110,000.00 D3. Proficient Information Technologies – P0240749- (professional technical support services as needed through 12/31/24) 60,000.00 D4. Step CG LLC (software license subscription) 13,487.50 OFFICE OF MANAGEMENT AND BUDGET E1. Burrs, Dr. Linda J. dba STEP UP TO SUCCESS! LLC (professional consulting services as needed through 12/31/27) 57,000.00 POLICE F1. Friends Service Company, Inc. dba FriendsOffice -P0240754- (office furniture including delivery and installation services as needed through 09/30/24) 67,685.40 PUBLIC WORKS G1. Millennium Franchise Group LLC -P0240715- (temporary staffing services as needed through 12/31/24) 953,800.00 WATER H1. Ohio Business College (Commercial Driver Licenses (CDL) training classes as needed through 12/31/26) 466,760.00 H2. Dell Marketing LP – P0240746- (computer and accessories as needed through 12/31/27) 60,000.00 H3. Friends Service Company, Inc. dba FriendsOffice – P0240755- (office furniture including delivery and installation services as needed through 09/30/24) 20,000.00 H4. Springfield Overhead Door LLC – (overhead door maintenance and repair services as needed through 12/31/26) 36,000.00 H5. TruGreen Chemlawn dba Leisure Lawn (commercial ground maintenance services as needed through 12/31/24) $120,000.00 -Depts. of Fire, Human Relations Council, Human Resources, Information Technology, Office of Management and Budget, Police, Public Works, and Water. TOTAL: $2,889,125.90 2. Acorn Builders LTD – Contract Modification – (Safety Building Renovations Change Order 1 (10% MBE Participation Goal/13.45% MBE Participation Achieved) Department of Police/Director’s Office. $267,500.00 (Thru 12/31/25) 3. CityWide Development Corporation – Service Agreement – to pursue asset-based strategic initiatives in coordination with the Department of Planning, Neighborhoods, and Development to promote development and investment through strategic partnerships with the private sector and community-based organizations - Department of Planning, Neighborhoods, and Development/Economic Development. $600,000.00 (Thru 12/31/24) 4. Pinpoint Behavioral Health Solutions – Service Agreement – for the Officer Wellness Program – Mandatory Wellness Checks - Department of Police/Director’s Office. $104,250.00 (Thru 12/31/24) B. Construction Contracts: 5. C.G. Construction & Utilities, Inc. – Award of Contract – for the Brandt Street Water Main Improvements (20% MBE Participation Goal/20% MBE Goal Achieved) – Department of Water/Water Engineering. $744,410.00 (Thru 11/30/25) 6. The Enterprise Roofing and Sheet Metal Company –Award of Contract- for the Miami Water Treatment Plant Filter Gallery Building Roof Replacements (15%MBE Participation Goal/15% MBE Participation Goal Achieved) – Department of Water/Water Supply and Treatment. $776,050.00 (Thru 12/31/25) E. Other – Contributions, etc.: 7. Ohio Water Development Authority – Other – for Anaerobic Digester Project – Digester Improvements Work Package Loan Application Fee - Department of Water/Water Reclamation. $392,232.00 (Thru 12/31/24) 8. Bruns, Connell, Volimar & Armstrong, LLC – Payment of Voucher – for services incurred in the 2023 calendar year – Department of Law/Civil. $13,668.76 CITIZENS’ COMMENTS ON CALENDAR ITEMS There were no citizen's comments on calendar items. APPROVAL OF CITY MANAGER’S REPORTS Commissioner Fairchild made the motion to approve the City Manager’s Reports with the exception of Calendar Item 1. E1. Burrs, Dr. Linda J. dba STEP UP TO SUCCESS! LLC Commissioner Shaw seconded the motion. The City Manager’s Reports were approved with a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. Commissioner Joseph made a motion to approve City Manager’s Report Calendar Item No. 1. E1 Burrs, Dr. Linda J. dba STEP UP TO SUCCESS! LLC. Commissioner Shaw seconded the motion. The City Manager’s Report Calendar Item No. 1. E1 was approved with a 3-2-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, and Shaw. Voting in the negative is Commissioners Fairchild, and Turner-Sloss. LEGISLATION EMERGENCY ORDINANCES – FIRST READING Emergency Ordinance No. 32084-24- Authorizing the Grant of a Right of Way Easement to Pioneer Rural Electric Cooperative, Inc. for the Complete Construction, Installation, Reconstruction, Rephasement, Relocation, Extension, Operation, Maintenance, Testing, Repair, and Removal, at any Time or Times Hereafter, of the Cooperative’s Electric Transmission and/or Distribution Line or System and/or Communication Systems, Including Conduits, Cable, Wires, Poles, Fixtures and Appurtenances on Parcels of Land Located at the Dayton International Airport, and Declaring an Emergency. Commissioner Turner-Sloss moved that this being an emergency measure for the immediate consideration of the Ordinance. Commissioner Joseph seconded the motion. The motion was passed with a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. Emergency Ordinance No. 32085-24- Enacting Section 137.23 of the Revised Code of General Ordinances Regarding Nuisance Parties. Commissioner Fairchild moved that this being an emergency measure for the immediate consideration of the Ordinance. Commissioner Shaw seconded the motion. The motion was passed with a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. EMERGENCY ORDINANCES – SECOND READING Ordinance No. 32082-24- Adopting Plans, Proposing to Cooperate, and Requesting the Director of Transportation of the State of Ohio to Proceed with the Improvements to Germantown Pike (S.R.4) from Straight Line Mile 10.34 – 11.32, including pavement planning, pavement repair, resurfacing, and pavement markings, lying within the City of Dayton, and Declaring an Emergency. The question being shall Emergency Ordinance No. 32082-24 be passed. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. The Ordinance was passed. Emergency Ordinance No. 32083-24- Adopting Plans, Proposing to Cooperate, and Requesting the Director of Transportation of the State of Ohio to Proceed with the Improvement of State Route 201 (Brandt Street), State Route 835 (Woodman Drive) and State Route 202 (Troy Street) Within the City of Dayton, and Declaring an Emergency. The question being shall Emergency Ordinance No. 32083-24 be passed. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. The Ordinance was passed. RESOLUTION – FIRST READING Resolution No. 6780-24- Authorizing the Submission of an Application for Funding Consideration by the United States Department of Transportation under the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program. RESOLUTIONS – SECOND READING Resolution No. 6778-24- Declaring the Intention of the Commission to Vacate Faulkner Avenue from the Alley North of Negley Place to West Riverview Avenue and the Alley North of Negley Place from Faulkner Avenue to North Paul Laurence Dunbar Street. The question being shall Resolution No. 6778-24 be approved. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. The Resolution was approved. Resolution No. 6779-24- Authorizing the Acceptance of an Aggregate Grant Award from the United States Department of Justice in the Amount of One Hundred Eighty-Nine Thousand Four Hundred Sixty-Seven Dollars and Zero Cents ($189,467.00), on Behalf of the City of Dayton. The question being shall Resolution No. 6778-24 be approved. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. The Resolution was approved. BOARD APPOINTMENT Commissioner Joseph made a motion to appoint Hammad S. Siddiqi to the Welcome Dayton Committee for a term ending December 31, 2026. Commissioner Turner-Sloss seconded the motion. The motion was unanimously approved. PUBLIC HEARING Mayor Mims opened the Public Hearing on Plan Board Case PLN2023-00412 establishing a PD for 1233 and 1301 N. Keowee Street. Ms. Dickstein invited Mr. Jeff Green, Planner I, Planning, Neighborhoods, and Development, to present. Mr. Green said this is a request to establish a Planned Development on 5.28 acres for the property located at 1233 and 1301 N. Keowee Street. He said the applicant is proposing to utilize the property for self-storage and commercial development. He gave an overview of the properties and plans and said the request is for a Planned Development overlay only and a separate approval would be needed by the Plan Board for the final plan/plans. Mr. Green said the Northeast Priority Land Use Board recommended the unanimously recommended approval of the request and public comments that were received were supportive as well. Mr. Green said the City Commission has three decision options: approve the Plan Board recommendation, remand the case to the Plan Board, or deny the request. Commissioner Turner-Sloss thanked Mr. Green for his presentation and asked if there was a demand for self-storage. Mr. Green said Dayton has a great need for self-storage. Commissioner Joseph said their neighborhood was leery of the self-storage that went into his neighborhood, but they have been good neighbors. Commissioner Joseph suggested future changes to the zoning rules because of the different areas. Mr. Green agreed and said they would be looking into the various uses allowed. CITIZENS’ COMMENTS ON THE PUBLIC HEARING There were no citizen's comments on the public hearing. Mayor Mims closed the hearing. The pleasure of the City Commission is to move forward. THIS ITEM WAS ADDED ORDINANCE- FIRST READING Emergency Ordinance No. 32086-24- Amending the Official Zoning Map to Establish Planned Development-187 for 5.28 Acres for the Properties Located at 1233 N Keowee Street and 1301 N Keowee Street. CITIZENS’ COMMENTS Citizens’ comments were received from the following: 1. Ms. Destiny Brown, 130 W. Second St. - spoke about having a member of the Dayton Tenant Union on the City of Dayton’s Housing Steering Committee. 2. Ms. Arlie Forte, 1906 Elsmer Ave.- spoke about housing issues at her apartment. 3. Dr. Kimaru Wa-Tenza, 1200 W. Grand Ave. - spoke about blight in his neighborhood. 4. Mr. Timothy Rudd, 2308 Wayne Ave. - spoke about installing a traffic barrier on his street to keep cars from running into his property. 5. Ms. Janet Michaelis, 61 Vine St. - spoke in support of Ordinance No. 32085-24 regarding nuisance parties. 6. Mr. Alexander Gorman, 133 Linden Ave. - spoke about housing and the DRITA alliance. 7. Ms. Sarah Moore, 5970 Erica Ct. - spoke about the DRITA alliance. 8. Ms. Viridis Green, 3925 E. Third St. spoke about having a member of the Dayton Tenant Union on the City of Dayton’s Housing Steering Committee. COMMENTS BY THE CITY MANAGER The City Manager, Ms. Shelley Dickstein, said House Bill 56 passed the house in December of last year and it was referred to the Senate and assigned to the Judiciary Committee on January 24, 2024, and to date there have been no committee hearings. COMMENTS BY THE CLERK OF THE COMMISSION The Clerk of Commission, Ms. Regina Blackshear, said next week's City Commission Meeting will be the mayor’s annual State of the City address. She said it will be held at the Dayton Metro Library at 215 E. Third Street at 8:30 a.m. COMMENTS BY THE CITY COMMISSION Commissioner Turner-Sloss Commissioner Turner-Sloss thanked Mr. Green and staff for his presentation. Commissioner Turner-Sloss thanked citizens and community leaders for their comments at the meeting. Commissioner Fairchild Commissioner Fairchild thanked citizens and community leaders for their comments at the meeting. Commissioner Fairchild wished everyone a Happy Valentine's Day! Commissioner Fairchild the following upcoming events: Dayton Ballet’s Swan Lake and DCDC is dancing. Commissioner Shaw Commissioner Shaw thanked the Dayton Development Coalition for their work discussing economic development activities in the community. Commissioner Joseph Commissioner Joseph thanked citizens and community leaders for their comments at the meeting. Mayor Mims Mayor Mims said he has empirical data that the City of Dayton is not a racist organization. ADJOURNMENT There being no further business, the meeting was adjourned at 7:43 p.m. ___________________________________ Jeffrey J. Mims, Jr. Mayor Attest: _____________________________ Clerk of Commission