City Commission

On Wednesday, April 17, 2024, at 6:00 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. INVOCATION Commissioner Turner-Sloss gave the invocation. PLEDGE OF ALLEGIANCE Mayor Mims led the public in the Pledge of Allegiance. 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. APPROVAL OF MINUTES Commissioner Shaw made a motion to approve the minutes from the April 10, 2024, City Commission meetings. Commissioner Fairchild seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS Communication #21882 State of Ohio, Department of Liquor Control – Permit Application No. 84416600020 – New – D3 – Sporty’s Taphouse & Grill Inc. dba Sport Coats Bar, 3493 W Siebenthaler Avenue, Dayton OH 45406. The Clerk of Commission reported receipt of Permit Application No. 84416600020 – New – D3 – Sporty’s Taphouse & Grill Inc. dba Sport Coats Bar, 3493 W Siebenthaler Avenue, Dayton OH 45406. The application was referred through the city for investigation. SPECIAL AWARDS/PRESENTATIONS Name a Drain Contest Mayor Mims invited Ms. Felicia Graham, Water Environmentalist, to the podium to present the winners of the “Name a Drain” Contest. Commissioner Joseph said there are many storm drains and if everyone helps to keep them clean when it storms or rains it's better for the water system. He said they decided to incorporate a Name a Drain contest in conjunction with Adopt a Drain. He said citizens may sign up for the program on the City of Dayton’s website and Daytonohio.gov. Ms. Graham said the first quarter “Name a Drain” contest winners were Katie Norris, Ken Thomas and Doug Richardson. Ms. Norris’s name for her drain is “Rain Drops Keep Falling on My Head”. Mr. Ken Thomas’s name is “Barney’s Box Car”. Commissioner Joseph asked how he came up with his name. He said because he lived near Barney’s Hospital in Old North Dayton (which is now Children’s Hospital) and because the old Barney’s Box Car was near the corner of his home. Ms. Graham said Mr. Richardson was not in attendance. Dayton Recovery Plan Portal The City Manager, Ms. Shelley Dickstein, invited Ms. Abbey Patel-Jones, Director of Management and Budget, to the podium to present the new Dayton Recovery Plan Portal. Ms. Patel-Jones said once the Dayton Recovery Plan was implemented the City Manager directed the data team to create a dashboard to provide real-time updates to the community on how ARPA funds are being spent. She said that based on research of other municipalities and staff who work with the community, the transparency portal was created. Ms. Jones thanked staff: Ms. Chatan Robinson, Ms. Andrea Turnquist, Mr. Richard Bailey, and Mr. Alex Despain who were instrumental in the creation of the portal. Ms. Patel-Jones invited Mr. Bailey to give an overview of the portal. Mr. Bailey said after creating the police transparency portal they wanted the Dayton Recovery Plan Portal to mimic that look, feel, and style. He said in the future they hope to marry all the portals into one transparency portal. Mr. Bailey said the new portal page went live this morning and he gave an overview of how the portal works. Commissioner Tuner-Sloss thanked Mr. Bailey for the presentation and said she would be going through the portal. Commissioner Fairchild asked about searching for various projects. Mr. Bailey said they can’t search by projects but that is something they will add. Ms. Patel said if you know which project you are searching for it will be in the bucket of projects and the information would be there. Commissioner Fairchild said that would be helpful for citizens and other stakeholders. Commissioner Shaw said the tool was great and it sounds very flexible to future endeavors. Commissioner Joseph said they are very transparent with the budget. He said he appreciates putting effort towards that end with the Dayton Recovery Plan Portal. Mayor Mims thanked them for their work. 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. DISCUSSION OF CALENDAR ITEMS Calendar Item No. 2. Miami Valley Child Development Centers – Service Agreement The City Manager, Ms. Shelley Dickstein, said the agreement is for expansion and consolidation of four buildings. She said it will service 250 children 50 percent of which meet the federal poverty guidelines. Commissioner Shaw said he would be abstaining from the service agreement because they are a client of his. REPORTS 1. Purchase Orders, Agreements and Contracts: (All contracts are valid until delivery is complete or through December 31st of the current year). CITY MANAGER’S OFFICE A1. Kegler, Brown, Hill and Ritter Co., LPA (professional legal services as needed through 12/31/24) $50,000.00 CIVIL SERVICE BOARD B1. Sparks, Steven dba Sparks Psychological Services LLC (pre- employment psychological testing as needed through 12/31/24) $38,000.00 FIRE C1. Cummins, Inc. dba Cummins Sales and Service-P0240382- (parts and repair services as needed through 12/31/24) 2,000.00 C2. Stryker Medical – (one Life-Pak 15 monitor/defibrillator and accessories) 39,401.59 HUMAN RESOURCES D1. Millennium Franchise Group LLC-P0240585- (temporary staffing services as needed through 12/31/24) 48,000.00 INFORMATION TECHNOLOGY E1. Millennium Franchise Group LLC-P0240387- (temporary staffing services as needed through 12/31/24) 35,000.00 PUBLIC WORKS F1. Conserv Flag Company (eighteen (18) concrete picnic tables and thirteen (13) ADA-compliant concrete picnic tables) 45,569.00 F2. Best Equipment Company, Inc. (parts, supplies, and related items as needed through 12/31/24) 60,000.00 F3. Carl’s Body Shop Inc. (automobile shop repair services as needed through 12/31/24) 25,000.00 F4. Cummins, Inc. dba Cummins Sales and Service-P0240998- (parts and repair services as needed through 12/31/24) 30,000.00 F5. McNeilus Truck & Manufacturing Company (McNeilus brand refuse packer parts, supplies, and repair services as needed through 12/31/24) 40,000.00 RECREATION G1. Direct Fitness Solutions LLC (various exercise equipment including installation) 184,180.00 G2. Helena Chemical Company (herbicides, fertilizers, and application services as needed through 12/31/24) 1,000.00 WATER H1. Pickrel Brothers, Inc. (plumbing and related supplies as needed through12/31/24) 50,000.00  H2. Midwest Municipal Instrumentation, Inc. (one Rosemont 36-inch flow meter and equipment) 22,856.00 H3. Process Controls Corporation (Sierra InnovaMass 241S Vortex Meters) 38,110.00 H4. Process Pump & Seal, Inc. (Chesterton mechanical seal HM50 and HM150 pumps) 50,799.05 H5. The Belting Company of Cincinnati dba CBT Company (Allen Bradley brand drives and automation parts) 41,230.33 -Depts. of City Manager’s Office, Civil Service Board, Fire, Human Resources, Information Technology, Public Works, Recreation and Water. TOTAL: $819,010.97 Service Agreements 2. Miami Valley Child Development Centers – Service Agreement – Dayton Recovery Plan Subrecipient Agreement – funding for facility enhancements for health, safety, and sustainability in the new Lincoln Hill Child and Family Center being built in Twin Towers - Department of Planning, Neighborhoods and Development/Director’s Office. $300,000.00 (Thru 12/31/26) B. Construction Contract: 3. BK Contracting LLC – Award of Contract – Water Reclamation Facility- Tato Storm Roof Replacement (8% MBE Participation Goal/8%MBE Participation Goal Achieved - Department of Water/Water Engineering. $238,700.00 (Thru 12/31/25) E. Other – Contributions, etc.: 4. Everett J Prescott Inc. – Payment of Voucher – for payment of two outstanding invoices for the purchase of pipes, fittings, and valves – Department of Water/Water Supply and Treatment. $12,567.40 (Thru 05/30/24) CITIZENS’ COMMENTS ON CALENDAR ITEMS There were no citizens’ comments on calendar items. APPROVAL OF CITY MANAGER’S REPORTS Commissioner Joseph made the motion to approve the City Manager’s Reports with the exception of Calendar Item No. 2. Commissioner Turner-Sloss 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 the motion to approve City Manager’s Reports, Calendar Item No. 2. Commissioner Turner-Sloss seconded the motion. The City Manager’s Reports were approved with a 4-1-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Fairchild, and Turner-Sloss. Commissioner Shaw abstained. LEGISLATION EMERGENCY RESOLUTIONS -SECOND READING Emergency Resolution No. 6790-24- Reappointing a Member to the Board of Directors of the Dayton-Montgomery County Port Authority, and Declaring an Emergency. The question being shall Emergency Resolution No. 6790-24 be adopted. 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 Emergency Resolution was adopted. Emergency Resolution No. 6791-24- Approving the Montgomery County Board of County Commissioners’ Reappointment of Two Members to the Board of Directors of the Dayton- Montgomery County Port Authority, and Declaring an Emergency. The question being shall Emergency Resolution No. 6791-24 be adopted. 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 Emergency Resolution was adopted. Emergency Resolution No. 6792-24- Approving the Montgomery County Board of County Commissioners’ Appointment of Two Members to the Board of Directors of the Dayton- Montgomery County Port Authority, and Declaring an Emergency. The question being shall Emergency Resolution No. 6792-24 be adopted. 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 Emergency Resolution was adopted. ORDINANCE – FIRST READING Ordinance No. 32094-24- Authorizing the City Manager to Approve Petitions Submitted by the Owners of Real Property within the City Requesting that their Property be Added to the Territory of the Dayton Regional Energy Special Improvement District and Plans for Public Improvements and Public Services Attached to those Petitions on Behalf of the Commission of the City; to Approve Program Guidelines for the Implementation of Property Assessed Clean Energy Financing on Commercial and Industrial Real Property within the City; to Approve and Authorize the City to Execute, Deliver, and Perform a Standing Assignment Agreement with Respect to Property Assessed Clean Energy Transaction in Cooperation with the Dayton Regional Energy Special Improvement District. ORDINANCE – SECOND READING Ordinance No. 32093-24- Consenting to the Roadway Restoration Along Mainline SR 4 and NB Onramp from Stanley Avenue (Mile Marker 19.26-19.46) in the City of Dayton, and Agreeing to Cooperate in Matters Incidental Thereto, Including the Execution of an Agreement Necessary to Implement this Ordinance. The question being shall Ordinance No. 32093-24 be passed. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph and Shaw. Commissioner Fairchild voted no. The Ordinance was passed. BOARD APPOINTMENT Commissioner Turner-Sloss made a motion to appoint Steve Gondol, Director of Planning, Neighborhoods and Development to the Montgomery County Land Bank Board. Commissioner Joseph seconded the motion. The motion was unanimously approved. Commissioner Joseph made a motion to appoint Michael McGovern to the Sister Cities Committee for a term ending December 31, 2027. Commissioner Turner-Sloss seconded the motion. The motion was unanimously approved. Commissioner Shaw made a motion to appoint Brandon McClain to the Community Appeals Board for a term ending April 30, 2027. Commissioner Fairchild seconded the motion. The motion was unanimously approved. PUBLIC HEARING Mayor Mims opened the Public Hearing on Plan Board Case PLN2024-00019- regarding an application for a Planned Development overlay for 0.749 acres located at 239 Wayne Ave allowing for a mixed-use development including the preservation of historic buildings and the construction of a hotel. He asked Ms. Dickstein to proceed. She asked Ms Elizabeth Dakin, Planning Neighborhoods and Development, to the podium to present. Ms. Dakin said the proposed request is for a Planned Development zoning overlay located at 239 Wayne Avenue between Jackson Street and Fifth Street allowing for redevelopment of the church as a restaurant and event space, the parish hall as event space and hotel space, and the construction of a three-story hotel building. She said the boutique hotel would have 72 rooms across the parish hall and the new building. Ms. Dakin said the landmark Commission said they found the proposal appropriate in concept review. The Greater Downtown Land Use Board recommended the application be approved with a unanimous vote, and the Plan Board recommended approval with a 7-0 vote with the condition that MNC Design Standards within the zoning code are utilized. Ms. Dakin said the City Commission has three decision options, approve the Plan Board recommendation, deny the request by taking no action, or remand the case back to the Plan Board. CITIZENS’ COMMENTS ON THE PUBLIC HEARING There were no citizen 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 Ordinance No. 32095-24- Amending the Official Zoning Map to Establish Planned Development-189 for 0.749 Acres between the South of the Intersection of Jackson Street and Wayne Avenue. CITIZENS’ COMMENTS Citizens’ comments were received from the following: 1. Samantha Klawonn, 1221 Brookview Ave. - spoke in opposition to R.C.G.O. Code Section 137.21. 2. Ms. Ricka Woods, 45 Cambridge Ave. – spoke about mental health and an event in the City of Dayton. 3. Ms. Alexander Williams, 2125 E. Whipp Rd. - spoke in opposition to R.C.G.O. Code Section 137.21. 4. Mr. Kevin J. Keller, 3922 E. Third Street. – made general comments. COMMENTS BY THE CITY MANAGER The City Manager, Ms. Shelley Dickstein, had no closing comments. COMMENTS BY THE CLERK OF THE COMMISSION The Clerk of Commission, Ms. Regina Blackshear, had no closing comments. COMMENTS BY THE CITY COMMISSION Commissioner Turner-Sloss Commissioner Turner-Sloss thanked staff for their presentations at the meeting. Commissioner Turner-Sloss thanked citizens and community leaders for their comments at the meeting. Commissioner Turner-Sloss said they cannot continue to follow inhumane trends or continue down the path of criminalizing homelessness. She said they are working towards becoming a human rights city and this is ground zero. She said they need to make sure they are reassessing and re-evaluating how they will move forward making sure that if they are declaring the City of Dayton as a human rights city, all residents can live and have access to opportunities to thrive. Commissioner Turner-Sloss thanked partners and organizers who participated in the Digital Equity Community Event. Commissioner Turner-Sloss congratulated the University of Dayton and thanked the Glass Family for the donation of the Roger Glass Center for the Arts. Commissioner Fairchild Commissioner Fairchild congratulated Mr. Greg West for his showing of the movie Black Skin. He congratulated the Glass Family for the donation of the Roger Glass Center for the Arts. Commissioner Fairchild invited citizens to the Living City Project Clean-Up throughout the City of Dayton on Saturday, April 20, 2024. Commissioner Fairchild wished those celebrating Passover a meaningful Passover. Commissioner Shaw Commissioner Shaw highlighted his attendance at the Dayton Chamber of Commerce and said they are doing a wonderful job with MBAC. Commissioner Joseph Commissioner Joseph highlighted his attendance at the State of County address. Commissioner Joseph highlighted the donation from Center Point Energy to the new Medal of Honor Memorial and Honor Park. Mayor Mims Mayor Mims highlighted his attendance at the Ohio Mayors Alliance Luncheon, Clothes that Work, Mayor Mims Golf Clinic, and the Annual Black Mens Mental Health. Mayor Mims highlighted upcoming events: Living City Project Clean-Up and the Males and Females of Color Debate contest at Stivers School of the Arts. ADJOURNMENT There being no further business, the meeting was adjourned at 7:11 p.m. ___________________________________ Jeffrey J. Mims, Jr. Mayor Attest: _____________________________ Clerk of Commission