City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Minutes Monday, October 7, 2013 7:30 PM City Council Joyce Sutton Cameron, Mayor Rap Hankins, Vice-Mayor, Ward 2 Barbara J. Staggs, At-Large Bruce D. Kettelle, At-Large Nicole Johnson, Ward 1 Ron Vaughn, Ward 3 Mary A. McDonald, Ward 4 Sandy Riege, CMC, Clerk of Council CITY STAFF Michael J. Lucking, City Manager Quincy E. Pope, Sr., Public Safety Director/Deputy City Manager City Council Meeting Minutes October 7, 2013 7:10 PM - Executive Session; 7:30 PM - Regular Council Meeting I. Call to Order - Mayor Joyce S. Cameron Mayor Cameron called the meeting to order at 7:30 PM. This meeting was called to order by Mayor Cameron at 7:30 PM. II. Pledge of Allegiance Mayor Cameron invited everyone to join her in the Pledge of Allegiance . Mayor Cameron led the Pledge of Allegiance. III. Roll Call: Clerk of Council Present: 7 - Mayor Joyce Cameron, Vice Mayor Rap Hankins, Councilmember Nicole Johnson, Councilmember Bruce Kettelle, Councilmember Mary McDonald, Councilmember Barbara Staggs and Councilmember Ron Vaughn IV. Motion to Approve the Agenda Mayor Cameron requests a motion on this item. A motion was made by Councilmember Staggs, seconded by Vice Mayor Hankins, that this be approved. The motion carried by a unanimous vote. Aye: 7 - Mayor Cameron, Vice Mayor Hankins, Councilmember Johnson, Councilmember Kettelle, Councilmember McDonald, Councilmember Staggs and Councilmember Vaughn V. Motion to adjourn into Executive Session in accordance with the Trotwood City Charter, O.R.C. Section 121.22 to consider dismissal of a public official. A motion was made by Vice Mayor Rap Hankins , seconded by Councilmember Ron Vaughn, that this be approved. The motion carried. by an unanimous vote. VI. Motion to Adjourn the Executive Session and return to the Regular Meeting Agenda A motion was made by Councilmember Nicole Johnson , seconded by Councilmember Mary McDonald, that this be return to Regular Meeting Agenda. The motion carried. by an unanimous vote. City of Trotwood Page 1 City Council Meeting Minutes October 7, 2013 VII. Public Comments: Mayor will recognize any visitors/citizens who have completed the sign-in sheet prior to the meeting. Dwight Nolan (121 MacGregor Drive, Trotwood, OH; Ward 1): Owner of a new business locating in Trotwood called Dry Clean $3.99 at 5268 Salem Avenue. Grand Opening will be in a couple of weeks. Store hours will be Monday-Friday, 8 a.m. to 7 p.m., and Saturday, 9 a.m. to 5 p.m. Website: www.drycleandayton.com. Jay Young (6431 Westanna Drive, Trotwood, OH; Ward 1): Vice-Chair of the Fire Levy Committee; he wants to announce a series of Town Hall meetings starting October 10 at Victoria Country Inn (SR 35 and Union Road). Committee members, staff and Council will be able to answer citizen questions about the upcoming levy on the November 5 ballot. Levy walks will also take place during October throughout all neighborhoods. Charles Hughes (784 Olive Road, Trotwood, OH; Ward 3): House was condemned in Drexel; he would like to see the neighborhood squatters removed. Tires are also accumulating and need to be removed. VIII. Special Presentations and Recognitions A. 13-10 RESERVE OFFICER SWEAR-IN New Reserve Police Officer Melissa Brothers was sworn in. Caption John Porter introduced her to Council. She was with the Police Department from 2007 to 2012, and was reinstated following a leave of absence. B. 13-13 2013 Residential Beautification Award Attachments: 2013 Residential Beautification Awards-Presentation Beautification Certificates This Presentation was given by Parks & Recreation Specialist Terry Lodge. Citizen properties were evaluated on eight (8) criteria for improving and maintainenace of the home and landscaping. Judging was in September 2013. Certificates were presented to Mr. & Mrs. Richard Moore (760 Wesledge Road, Ward 1) and Ms. Deborah E. Duncan (3671 Castano Drive, Ward 4). C. 13-15 Trotwood Harvest Family Fun Walk 2013 Attachments: Harvest Walk Flyer This Presentation was given by Parks & Recreation Specialist Terry Lodge. A Harvest Fun Walk will be held on Saturday, October 19 from 4 to 6 p.m. in Madison Park (301 S. Broadway). The event is open to children ages 12 and under. Group booths, 20 Trunk-n-Treaters, hay rides, inflatable structures, and food/drink will be available and open to the public. This program is in partnership with Phillips Temple church. City of Trotwood Page 2 City Council Meeting Minutes October 7, 2013 D. 13-17 A PROCLAMATION NAMING SATURDAY, SEPTEMBER 21, 2013, AS WORLDWIDE DAY OF PLAY IN TROTWOOD, OHIO, AS REQUESTED BY NICKELODEON. Attachments: Proclamation-Worldwide Day of Play, 10-7-13 Meeting A Proclamation was read by the Clerk of Council naming Saturday, September 21, 2013, as Worldwide Day of Play in Trotwood, OH. Organizations such as the YMCA are celebrating the 10th anniversary of Nickelodeon's Worldwide Day of Play for kids for a healthy lifestyle around the world. E. 13-23 INTRODUCTION OF TIM TYUS TO COUNCIL, NEW MAINTENANCE TECHNICIAN IN PUBLIC WORKS DEPARTMENT. Attachments: Tim Tyus This Presentation was given by Interim Public Works Director Dalton Hines. Tim Tyus, a new maintenance technician in Public Works, was introduced to Council. Tim has extensive experience for this position and resides in Trotwood with his wife and children. IX. Motion to Approve the Consent Agenda The Consent Agenda was approved by unanimous vote. A. 13-32 Council Meeting Regular Meeting Minutes, Monday, September 3, 2013 Attachments: Minutes Monday Sept 3, 2013 Regular Council Meeting.doc This Staff Report was read and filed B. R13-90 RESOLUTION FOR PURCHASE OF BANK-OWNED PROPERTY AT 100/102 W. WORLEY FOR DEMOLITION AND LAND BANKING Attachments: Resolution 13-90 100-102 West Worley Demo.docx Purchase-Worley.pdf A motion was made that this Resolution be approved; motioned by Mrs. McDonald and seconded by Vice-Mayor Hankins. The motion carried by a unanimous vote. X. Public Hearings/Ordinances Mayor Cameron requests a motion on this item. A motion was made by Vice Mayor Rap Hankins, seconded by Councilmember Nicole Johnson, to open the public portion of this meeting.. The motion carried unanimously. Mayor Cameron invited any citizens wishing to speak on this Public Hearing topic to step forward; several citizens approached the podium. City of Trotwood Page 3 City Council Meeting Minutes October 7, 2013 A. 13-21 APPEAL OF CONDITIONAL USE BOARD OF ZONING APPEALS CASE #13-08 - Zandra Phillps, 4951 Shadwell Drive, Trotwood, Oh Attachments: Appeal.pdf Mayor Cameron requests a motion on this item. A motion was made by Vice Mayor Hankins, seconded by Councilmember Johnson, that this Public Hearing be approved on first reading. The motion carried by the following vote: 5 yes, 1 no and 1 recused. Law Director Stephen McHugh explained that this appeal has been denied by the Trotwood Board of Zoning Appeals. Applicant requested to appeal the decision as allowed by City Charter Section 7.2. City Council has the authority to affirm the BZA decision, reverse the decision or modify the decision based on the evidence presented during this meeting. Mr. Carl Daugherty, Planning & Zoning Administrator, briefed Council on this case. Ms. Phillips' conditional use request is to provide an in-home child daycare center for up to 8 children located at 4951 Shadwell Drive. This case is a land use matter related to the Trotwood Zoning Code in a high-density zoning district. Applicant Ms. Phillips stated she is currently certified through the State of Ohio with MRDD. Her hours of operation will be Monday thru Friday, 6:00 a.m. to 12:00 midnight. Yearly inspections will take place by the Montgomery County Job & Family Services (State of Ohio), and the Trotwood Fire Department. Citizen Neldra Glasper lives next door and is not opposed to this usage of the property. Mrs. Hall lives at 3679 Mandalay Drive (behind subject property) and is opposed to this usage for various reasons. Mrs. Pastcall lives at 3672 Mandalay and asked if Ms. Phillips is qualified to handle this type of operation and is also opposed to this usage of the property. At the request of the Law Director, Mayor Cameron requested a 3-minute recess at 8:40 p.m. to the Executive Chambers with the Law Director and Council Member Mrs. McDonald. They returned to the regular meeting at 8:44 p.m. and the Law Director explained that Mrs. McDonald has recused herself from this topic of discussion since she is an abutting neighbor of this applicant. Mrs. McDonald stepped down from the dais and excused herself from the remaining testimony. After Council discussion, Mayor Cameron requested a motion, which is indicated above. The decision was reached to grant the conditional use application with six (6) conditions as submitted by the Board of Zoning Appeals in their original recommendation. At this time, Mrs. McDonald rejoined the regular City Council meeting and Mayor Cameron requested a motion to close the Public Portion of the meeting at 9:00 p.m. A motion was made by Vice-Mayor Hankins, seconded by Councilmember Johnson. The motion carried unanimously. Aye: 5- Mayor Cameron, Vice Mayor Hankins, Councilmember Johnson, Councilmember Kettelle and Councilmember Staggs Nay: 1- Councilmember Vaughn Recused: 1- Councilmember McDonald City of Trotwood Page 4 City Council Meeting Minutes October 7, 2013 XI. Resolutions A. R13-83 A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFIYING THEM TO THE COUNTY AUDITOR Attachments: Resolution 13-83 Levy Rates Certify to Montgomery County Fire Levy Nov 2013.pdf City Manager Lucking stated this resolution accepts the amounts and rates for the 2013-2014 collections by the Montgomery County Budget Commission. These amounts are subject to change due to election results and value changes. The projected collections for the upcoming year total $4,447,394.00, which reflects a 2% loss ($90,775.00) as compared to last year. These revenue estimates continue to be projected at a 95% collection due to the decline in tax collections that is also coupled with the decreased valuation of property throughout Montgomery County. Mayor Cameron requested a motion to approve Resolution 13-83; motion was made by Mrs. McDonald and seconded by Mrs. Johnson. The motion passed with a unanimous vote. B. R13-86 RESOLUTION PASSAGE FOR TAX FORECLOSURE UPON 702 E. MAIN ST. Attachments: Resolution 13-86 Tax Foreclosure Grand-E Main.pdf City Manager reported that this resolution authorized the Planning Department to initiate tax foreclosure action on this parcel of land located at 702 E. Main Street. Property was formerly the site of the Omega Gas Station and is currently over $15,000 in arrears on taxes and assessments. The property has also been in blighted condition. A prospective end user has been identified who wants to purchase the property. If City Council is in agreement, then the City Manager requested to move forward with this authorization and recommended foreclosure action. Mayor Cameron requested a motion to approve Resolution 13-86; motion was made by Mr. Vaughn and seconded by Vice-Mayor Hankins. The motion passed with a unanimous vote. City of Trotwood Page 5 City Council Meeting Minutes October 7, 2013 C. R13-89 RESOLUTION PASSAGE FOR TAX FORECLOSURE AT 216 GRAND AVENUE Attachments: Resolution 13-89 Tax Foreclosure Grand-E Main.pdf City Manager Lucking reported that Chapter 5722 of the Ohio Revised Code sets forth procedures to facilitate effective reutilization of non-productive land. This property is currently over $17,000 in tax arrears and assessments, and has been a blighted structure in the community. The plan is to transfer the ownership of the property to the Trotwood CIC for rehabilitation and resale. There would be no cost to the City as a result of this action. The City Manager would like to move forward with the authorization to recommend a foreclosure action on this property. Mayor Cameron asked for a Motion to approve Resolution 13-89; motion was made by Mrs. McDonald and seconded by Mrs. Staggs. The motion passed with a unanimous vote. D. R13-95 A RESOLUTION BY THE CITY OF TROTWOOD CITY COUNCIL OPPOSING HOUSE BILL 203, SPECIFICALLY REVISIONS TO OHIO REVISED CODE 2901.09, WHICH WOULD ESTABLISH LAW IN OHIO COMMONLY KNOWN AS “STAND YOUR GROUND” Attachments: Stand your Ground resolution (00646512).docx City Manager explained this House Bill 203 is being considered in the Ohio House of Representatives to establish a ‘Stand Your Ground Law’ in the State of Ohio. By Ohio law it’s been long recognized that a person has a right to defend themselves. The City of Trotwood Police Department has recommended and believes that outside one’s home and off one’s personal property, a civilian duty to retreat should be required when possible. Councilmember Kettelle doesn’t see the need for any changes to the law as proposed by the state. Mayor Cameron requested a Motion for approval of Resolution 13-95. A Motion was made by Mr. Kettelle; it was seconded by Vice-Mayor Hankins. Roll call resulted in six (6) yes votes and (1) abstention by Mr. Vaughn since he was absent at the workshop meeting to hear the workshop discussion. The Motion passed unanimously by a 6-1 vote to approve. Aye: 6- Mayor Cameron, Vice Mayor Hankins, Councilmember Johnson, Councilmember Kettelle, Councilmember McDonald and Councilmember Staggs Excused: 1- Councilmember Vaughn XII. Old & New Business a. Mayor City of Trotwood Page 6 City Council Meeting Minutes October 7, 2013 b. City Manager A. 13-26 A series of Town Hall Meetings (4) will be held soon regarding the upcoming Fire Levy, Issue 24. City Manager Lucking reported that Trotwood's Trick-or-Treat night would be Thursday, October 31, 2013, from 6 to 8 pm as adopted by the Dayton Mayors & Managers Association for all cities within the region. c. Council Members d. Staff Reports A. 13-25 Council Review - Ohio Division of Liquor Control New Application of D3 permit for Marfrale Inc., DBA Taqueria Mixteca located at 2190 Shiloh Springs Road in Trotwood, Ohio 45426. Permit Application# 5529850 - Motion is required. Attachments: Taqueria Mixteca.pdf Captain John Porter stated this application is for a D3 permit through the Ohio Division of Liquor Control. The division is requesting City Council to decide whether or not there should be an official request to a hearing pertaining to the processing and issuance of this application permit. Upon review of the Police Department records and after discussion with Planning and Zoning division, we do not recommend a request for a hearing. A Motion was made by Mr. Kettelle to accept this liquor permit request without comment; it was seconded by Vice Mayor Hankins. Roll call resulted in seven (7) yes votes and the Motion passed unanimously. B. 13-28 Wolf Creek -Trotwood Smoke, Sizzle, Sounds 2013 BBQ Contest Attachments: BBQ Contest Staff Report.doc This Staff Report was presented by Terry Lodge. This year, there was a total of 15 contestants. Winners in the chicken division were: 1st place was Deer Barbecue; 2nd place was Amazing BARBQ; 3rd place was Missouri Avenue BBQ; 4th place was Super Dave’s Chicken & Ribs; and 5th place Townview Smokers. Winners in the pork rib division were: 1st place Super Dave’s Chicken & Ribs; 2nd place Amazing BARBQ; 3rd place Murray Manor; 4th place Ka’Raf Katering; and 5th place G-Town BBQ. City of Trotwood Page 7 City Council Meeting Minutes October 7, 2013 C. 13-30 PAVING OF JOHN WOLFE PARK - Dalton Hines, Interim Public Works Director Attachments: Paver 1 Paver 2 Paver 3 This Staff Report was presented by Dalton Hines, who explained our new paver is now in operation for the first time at John Wolfe Park to repave the parking lot. Everything is running smoothly with the restriping to be in the next phase. D. 13-35 TROTWOOD BLOCK PARTY This Staff Report was presented by Public Safety Director Quincy Pope, who reported our block party held on Main Street this year was a huge success. Plans are now underway for the year 2014 to schedule another party. Please notify everyone if they are interested in being a sponsor; please contact the City offices for more information. XIII. Motion to Adjourn Mayor Cameron asked for a Motion to adjourn the regular City Council Meeting; motion was made by Mrs. Staggs and seconded by Mrs. Johson. Roll call resulted in 7 yes votes, and the motion passed unanimously. The meeting was adjourned at 9:49 p.m. City of Trotwood Page 8