City Commission

On Wednesday, April 24, 2024, at 8:30 a.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 Joseph 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 17, 2024, City Commission meetings. Commissioner Fairchild seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS Communication #21883 State of Ohio, Department of Liquor Control – Permit Application No. 0689023- New – D2 – Big Motion Lounge LLC, dba Big Motion Lounge LLC, 1718 W 3rd Street, Dayton, OH 45402. The Clerk of Commission reported receipt of Permit Application No. 0689023- New – D2 – Big Motion Lounge LLC, dba Big Motion Lounge LLC, 1718 W 3rd Street, Dayton, OH 45402. The application was referred through the city for investigation. Communication #21884 State of Ohio, Department of Liquor Control – Permit Application No. 5240911- New- D5J-Liv Event Center LLC dba Liv Presidential, 100 East Third Street, Dayton OH 45402. The Clerk of Commission reported receipt of Permit Application No. 5240911- New-D5J- Liv Event Center LLC dba Liv Presidential, 100 East Third Street, Dayton OH 45402. The application was referred through the city for investigation. Communication #21885 State of Ohio, Department of Liquor Control – Permit Application No. 6547055- STCK - C1-C2- Om Anjaneyam of Montgomery LLC, 1201 Troy Street, Dayton OH 45404. The Clerk of Commission reported receipt of Permit Application No. 6547055- STCK -C1-C2- Om Anjaneyam of Montgomery LLC,1201 Troy Street, Dayton OH 45404. The application was referred through the city for investigation. SPECIAL AWARDS/PRESENTATIONS Dayton Recovery Plan Demotion Monthly Update The City Manager, Ms. Shelley Dickstein, invited Mr. Steve Gondol, Director of Planning, Neighborhoods, and Development, to the podium for a monthly demolition report. Mr. Gondol said the total planned demolitions for 2022-2026 are 1,168. He said the total demolitions for 2023 were 188. Mr. Gondol said the total number of completed structural demolitions for March 2024 was 29, and the funding sources were 11 with ARPA, four from the general fund, 14 from ODOD, and zero from CDBG. He said there were no garage demotions completed in January 2024. Mr. Gondol said there were 113 total piles removed as of February 2024. He said in March 2024 there were five piles removed and two piles added, due to fire/structural fails. Mr. Gondol showed an overview of areas where demotions had occurred. Mr. Gondol thanked Mr. Dennis Zimmer for his 30 years of service to the City of Dayton and wished him well on his retirement. Commissioner Turner-Sloss asked about the Blue Book assessment of structures. Ms. Dickstein said they will have a work session in May regarding questionable properties. Commissioner Fairchild asked about the piles near Gem City Market. Mr. Gondol said there are discussions with the owners about how the City of Dayton may assist them in removing the piles. Convention Hotel Planning The City Manager, Ms. Shelley Dickstein, invited Ms. Pam Plageman, Montgomery County Convention Facilities Authority, to the podium for a presentation on the Convention Hotel Planning. Ms. Plageman said market studies consistently identify the need for a national brand headquarters hotel with at least 500 committable rooms within walking distance of the Dayton Convention Center to attract competitive regional meetings and events that will drive economic growth. Ms. Plageman said this will advance the work and recommendations of the task force which was led by Commissioner Shaw and Mr. Phil Parker. She said their objectives are to attract a reputable, qualified hotel developer to undertake construction, operation, and ownership of a nationally branded convention quality hotel adjacent to the Dayton Convention Center and to set the conditions in place to allow for a timely and efficient process of soliciting, vetting, and selecting that qualified developer. Ms. Plageman said as part of the broader effort to revitalize downtown and enhance community assets, the post-expansion data with the headquarters hotel directly benefits workforce development and fosters the ability to attract talent that aligns with stakeholder initiatives and the business community. She invited Mr. Chris Meers to give an overview of the area that will be used for the new hotel. Ms. Plageman said the hotel will be a full-service convention hotel in Dayton and will have a funding gap that will require a public-sector investment. She said there are too many unknown variables at this point to accurately project the amount of public-sector investment required. Ms. Plageman said the goal is to have an effective RFQ solicitation and vetting process to identify the best team, and the right hotel product, with the lowest public investment. The process to determine and address the gap is to solicit developers with an RFQ and preliminary project proposals. This will inform them on what will be realistic in terms of the size and quality of the project, identify sources of funds, and layer in longer-term incentives to improve private sector value by offsetting operating costs and supporting debt service. Ms. Plageman invited Ms. Ellen Miller, Associate Vice President of Community Relations of CareSource, Ms. Amanda Byers, Director of Talent and Policy, Dayton Area Chamber of Commerce, and Mr. Steve Tieber, Owner of the Dublin Pub, who spoke in support of the proposal. Ms. Dickstein said the economic development agreement will be on next week's calendar in conjunction with the Montgomery County calendar next Tuesday. Commissioner Turner-Sloss congratulated the team and said she is very excited about the project and looks forward to seeing the agreement on the next calendar. Commissioner Fairchild thanked them for their presentation and said he looks forward to the project. Commissioner Shaw said they understood that 500 rooms were the mark that needed to be hit but the leverage and impact regionally will be tremendous. Commissioner Joseph said they do great things when they work together and he appreciates all of the hard work. Mayor Mims said in 2014 they built the first hotel in 24 years in downtown Dayton and since that time they are approaching seven. He thanked them for their contribution. ADDITIONS OR DELETIONS TO THE CALENDAR The City Manager, Ms. Shelley Dickstein, noted the inaccurate directions on Calendar Item No. 9. Marker Development LLC. The Clerk of Commission, Ms. Regina Blackshear, had no additions or deletions to the calendar. DISCUSSION OF CALENDAR ITEMS Calendar Item No. 3. Dayton Montgomery County Port Authority – Grant Agreement The City Manager, Ms. Shelley Dickstein, said the new financing program with money from an AES settlement dedicated to energy efficiency is set up to be a revolving loan fund for small and medium-sized projects. Calendar Item No. 4. Belgray, Inc. -Award of Contract The City Manager, Ms. Shelley Dickstein, said the contract is an investment by the Dayton Recovery Plan for curb and sidewalk replacement on South Broadway Street. Calendar Item No. 5. John R. Jurgensen Co. – Award of Contract The City Manager, Ms. Shelley Dickstein, said the contract is for the 2024 Residential Asphalt and Resurfacing. Calendar Item No. 6. L.J. DeWeese Co., Inc. – Award of Contract The City Manager, Ms. Shelley Dickstein, said the contract is for the street widening project for Wayne Avenue that is being funded by ODOT. Calendar Item No. 8. Delco Commerical, LLC – Development Agreement The City Manager, Ms. Shelley Dickstein, said the agreement is for a large $88M total project of the old Mendelson’s building which has an anchor tenant that will bring an annual payroll of $13M into the City of Dayton. Calendar Item No. 9. Marker Devloperment LLC – Other The City Manager, Ms. Shelley Dickstein, said Marker Development LLC is an experienced Central Ohio developer and construction company that spent three years in Dayton to find a spot for development. Cooper Park Neighborhood The City Manager, Ms. Shelley Dickstein, invited Mr. John Gower, CityWide Development, to the podium to present the new Cooper Place. Mr. Gower said Calendar Item No. 9 is for the sale of real estate at the southwest corner of Second and St. Clair Street and it has been a parking lot for 40-plus years. He gave an overview of the area that is up for consideration. Mr. Gower invited Mr. Kirk Marker, President of Marker Development LLC, and his team to the podium for more information. Mr. Marker said his objectives are to understand their Dayton Journey, share the vision for Cooper Park, and advance the overall Downtown vision. He said 2018 through 2024 was spent exploring opportunities in Downtown Dayton, discussing concepts for the Second and St. Clair sites, appraising the property to understand the project size and scale, and presenting the proposed development to the Dayton City Commission. Mr. Spencer Kuhlman, Senior Development Associate, Marker Development LLC, said the vision for Cooper Park is the same as their Crossline project in the Weinland Park Neighborhood in Columbus, Ohio which is a mixed-use development consisting of 180 apartments homes, and amenities. He said they would be connecting the Fire Blocks historic district, Riverscape Metro Park, Memorial Hall, Victoria Theater, Schuster Center, and the Dayton Metro Library. Mr. Ryan Freet, Director, Asset Management and Development, said the aim is to connect neighborhoods with amenities of the area to enhance the street life, inspire the community to others, link the assets of the Greater Cooper Park neighborhood, and strengthen the downtown vibrancy and economic activity. Mr. Meeker said they are passionate about urban revitalization and they believe in Dayton. He said they have collaborated with leaders over several years to identify the best site for the project. Ms. Dickstien said Marker Deveolopment LLC is a WBE-certified company that has been working with the Human Relations Council very closely throughout the three years. Commissioner Turner-Sloss asked about affordable housing within the residential units proposed. Mr. Freet said they did have an affordability component on the project. Commissioner Turner-Sloss asked about the percentage met for the project. Mr. Marker said that they would get back to them on the percentage for the project. Commissioner Shaw asked about the parking for the project. Mr. Marker said there is parking behind the building with 117 parking spaces. Ms. Dickstein said this project will garner $785,000 of revenue for the City of Dayton. Emergency Resolution No. 6793-24- Determining That the Expenditure of Funds By the City of Dayton to Provide for Employee Self-Care Activities and to Provide for Employee Recognition Constitutes a Public Purpose, and Declaring an Emergency. The City Manager, Ms. Shelley Dickstein, said the resolution is a renewal to keep supporting employee wellness. Emergency Ordinance No. 32096-24- Amending Sections 115.30(A), 115.60, and 115.701 of the Revised Code of General Ordinances Relating to Taxicabs for Low-Speed Vehicle Commercial Business and Commercial Quadricycles, Enacting Section 115.80, and Declaring an Emergency. The City Manager, Ms. Shelley Dickstein, said there is a one-line change in the taxi cab ordinance that will allow for a new project. Gem City Cart Rides The City Manager, Ms. Shelley Dickstein, invited Mr. Tom Conroy, to the podium to present a new service Gem City Cart Rides to the City of Dayton. Mr. Conroy said the mission of Gem City Cart Rides is to provide safe, reliable, and environmentally friendly golf cart transportation in downtown Dayton, to enhance community, foster connectivity, support local businesses, welcome visitors, and promote the City of Dayton and the region. Mr. Conroy said in the last ten years there has been a boom of residential properties, local establishments, hotels, and event spaces downtown. He said the University of Dayton Marriott is busy with events/meetings and draws a lot of visitors. He said Uber-type services charge between $8 and $20 to go from the AC Hotel to the University of Dayton and availability is an issue for short trips. Mr. Conroy said many people from the suburbs visit one downtown establishment and go home, and some do not venture downtown at all. He said Downtown hotels say that transportation and walkability challenges are the main complaints of their guests and new hotels are opening up that are not as connected to the Oregon District or Ballpark area. Mr. Conroy said he plans to launch the Low-Speed Vehicles in the Summer of 2024 and to start with two golf carts. He also plans to have local companies sponsor the carts through advertising agreements. He said the Carts will be street-legal, meeting all federal and Ohio laws, and will be inspected, licensed, and insured. Mr. Conroy said the Carts would obey all traffic laws and drivers would be drug tested and have a background check. He said Carts would run on Friday and Saturday nights, during many Dayton Dragon games, and when other major events are going on in downtown. The Carts would run in temperatures greater than 40 degrees with no severe weather. He said the Carts will service the University / Dayton Marriott to Riverscape east of the river to Keowee Street. The City Commission thanked him for his presentation. REPORTS 1. Purchase Orders, Agreements and Contracts: (All contracts are valid until delivery is complete or through December 31st of the current year). AVIATION A1. ADB Safegate Americas Holding, Inc. dba ADB Safegate Americas LLC (airfield signs, lighting, and control equipment as needed through 12/31/24) $20,000.00 FIRE B1. Locution Systems, Inc. (fire and medical emergency alert systems annual maintenance services, inspections, and repairs as needed through 12/31/24) $22,379.00 B2. Ohio Business College (Commercial Drivers License (CDL) training classes as needed through 12/31/24) 6,115.00 PUBLIC WORKS C1. Cintas Corporation No. 2 dba Cintas Corporation (work uniform rental and related services as needed through 12/31/24) 10,000.00 C2. Duncan Oil Company (unleaded gasoline, diesel fuel, and related items as needed through 12/31/24) 150,000.00 C3. Mansfield Oil Company of Gainesville, Inc. (unleaded gasoline and diesel fuel as needed through 12/31/24) 500,000.00 C4. Ohio Machinery Co. dba Ohio CAT (Caterpillar brand parts, supplies, and repair services as needed through 12/31/24) 40,000.00 C5. Reliable Transmmission Services Midwest, Inc. (parts, supplies, and labor to repair heavy equipment transmissions as needed through 12/31/24) 30,000.00 C6. Key Chrysler Jeep & Dodge, Inc. (one new 2024 truck with platform body, snowplow, and salt spreader system) 78,966.00 C7. Sherwin Williams Company (paint and related supplies) 3,500.00 -Depts. of Aviation, Fire and Public Works. TOTAL: $860,960.00 Service Agreements 2. App Archiecture, Inc. – Service Agreement – for the East District Patrol Operations North (EPODN) Renovations Project - Department of Police/Support Services. $239,783.00 (Thru 12/31/26)  3. Dayton-Montgomery County Port Authority – Grant Agreement- for a new financing program “PACE Direct” to support small and medium-sized businesses to access capital for energy improvements to new and existing buildings – City Manager’s Office/Sustainability. $1,000,000.00 (Thru 05/01/25) B. Construction Contracts: 4. Belgray, Inc. – Award of Contract – Dayton Recovery Plan – South Broadway Street Curb and Sidewalk Replacement (20% MBE Participation Goal/22.06% MBE Participation Goal Achieved) – Department of Public Works/Civil Engineering. $1,097,632.00 (Thru 12/31/25) 5. John R. Jurgensen Co. - Award of Contract – 2024 Residential Asphalt Resurfacing I (10% SBE and 10% MBE Participation Goal/10.08% SBE and 10.08% MBE Participation Goal Achieved) – Department of Public Works/Civil Engineering. $3,023,319.20 (Thru 06/07/26) 6. L.J. DeWeese Co., Inc. – Award of Contract – for the Wayne Avenue Widening Project (8% DBE Participation Goal/100% DBE Participation Goal Achieved) (Federal STP Funds) (State Issue 1 Funds) – Department of Public Works/Civil Engineering. $2,427,861.00 (Thru 06/01/27) 7. Peterson Construction Co. – Award of Contract- Wrightway Pump Station Improvements (Open Market) – Department of Water/Water Engineering. $453,970.00 (Thru 12/31/25) D. Development Agreement 8. Delco Commercial, LLC – Development Agreement – to assist with funding the interior and exterior building improvements; electrical, plumbing and HVAC system upgrades, machinery and equipment, furniture and fixtures, and new signage and lighting for the creation of the Delco Office Building – Department of Planning, Neighborhoods and Development /Economic Development. $2,500,000.00 (Thru 06/30/29) E. Other – Contributions, etc.: 9. Marker Development LLC – Other – purchase and sale agreement for the sale of approximately 1.6 acres of city-owned property located at the southeast corner of St. Clair Avenue and Second Street – Department of Planning, Neighborhoods, and Development/Economic Development. $785,000.00 (Thru 5 yrs from 365 days from closing)  10. University of Dayton – Other – for use of the University of Dayton Arena for the Dayton Water Career Conference and the Dayton Water Annual Meeting - Department of Water/Director’s Office. $13,000.00 (Thur 12/31/24) CITIZENS’ COMMENTS ON CALENDAR ITEMS There were no citizens’ comments on calendar items. APPROVAL OF CITY MANAGER’S REPORTS Commissioner Shaw made the motion to approve the City Manager’s Reports. Commissioner Fairchild 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. LEGISLATION EMERGENCY RESOLUTIONS -FIRST AND SECOND READING Emergency Resolution No. 6793-24- Determining That the Expenditure of Funds By the City of Dayton to Provide for Employee Self-Care Activities and to Provide for Employee Recognition Constitutes a Public Purpose, and Declaring an Emergency. Commissioner Fairchild moved that this being an emergency measure for the immediate consideration of the Resolution. 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. The question being shall Emergency Resolution No. 6793-24 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. 6794-24- Objecting to the Issuance of Liquor Permit #22348151925 (Renewal) Dolgen Midwest, LLC dba Dollar General Store, 445 Salem Avenue, Dayton Ohio, 45406, and Declaring an Emergency. Commissioner Turner-Sloss moved that this being an emergency measure for the immediate consideration of the Resolution. 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. The question being shall Emergency Resolution No. 6794-24 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. 6795-24- Objecting to the Issuance of Liquor Permit #3617153 (Renewal), Harpers Events LLC, dba Sugars Restaurant and Cocktail Lounge, 1919 North Main Street, Dayton, Ohio 45405, and Declaring an Emergency. Commissioner Fairchild moved that this being an emergency measure for the immediate consideration of the Resolution. 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. The question being shall Emergency Resolution No. 6795-24 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. 6796-24- Objecting to the Issuance of Liquor Permit #8441660 0015 (Renewal), Sporty’s Taphouse and Grill Inc., dba Major League Sports Bar, 3501 North Main Street, Dayton, Ohio, 45405, and Declaring an Emergency. Commissioner Fairchild moved that this being an emergency measure for the immediate consideration of the Resolution. 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. The question being shall Emergency Resolution No. 6796-24 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 ORDINANCE – FIRST READING Emergency Ordinance No. 32096-24- Amending Sections 115.30(A), 115.60, and 115.701 of the Revised Code of General Ordinances Relating to Taxicabs for Low-Speed Vehicle Commercial Business and Commercial Quadricycles, Enacting Section 115.80, and Declaring an Emergency. ORDINANCES – SECOND 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. The question being shall Ordinance No. 32094-24 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. 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. The question being shall Ordinance No. 32095-24 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. Commissioner Fairchild left the meeting. RESOLUTION – FIRST READING Resolution No. 6797-24- Declaring the Intention of the Commission to Vacate a Ten-Foot Easement of Marimont Drive from the West Property Line of City Lot #56497 to Pershing Boulevard. BOARD APPOINTMENT Commissioner Shaw made a motion to appoint David Fox, Karen Wick-Gagnet, Matt Tepper, Terri Simms, and Donald Domineck to the Use of Force Advisory Committee for a term ending April 30, 2026. Commissioner Joseph seconded the motion. The motion was unanimously approved. 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. Mr. Michael Knote, 5344 Abby Loop Way- spoke in opposition to R.C.G.O. Code Section 137.21. 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, said the work session regarding the Human Relations Council, would begin following the City Commission Meeting. COMMENTS BY THE CITY COMMISSION Commissioner Turner-Sloss Commissioner Turner-Sloss thanked everyone involved in the Living City Project Clean-up. She highlighted the Males and Females of Color event at Stivers School for the Arts. Commissioner Turner-Sloss congratulated Ms. Nicole Miller and Ms. Utsey Shelton on the ribbon-cutting of their new offices in the Arcade. Commissioner Turner-Sloss thanked citizens and community leaders for their comments at the meeting. Commissioner Shaw Commissioner Shaw thanked Commissioner Joseph for letting him sub for him at the Miami Valley Regional Planning Commission annual dinner. Mayor Mims Mayor Mims highlighted his attendance at the Living City Project Clean up event, Dayton Urban League’s ribbon cutting of their new offices, UNCF kick-off, and House Bill 65. ADJOURNMENT There being no further business, the meeting was adjourned at 9:56 a.m. ___________________________________ Jeffrey J. Mims, Jr. Mayor Attest: _____________________________ Clerk of Commission