City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Minutes Monday, July 7, 2014 6:30 PM REGULAR MEETING 3594 N. Snyder Road Trotwood Madison City School Board of Education Meeting Chambers City Council Mayor Joyce Sutton Cameron Vice Mayor Barbara Staggs Councilmember Bruce Kettelle Councilmember Bettye Gales Councilmember Rap Hankins Councilmember Ron Vaughn Councilmember Mary McDonald Sandra L. Riege, CMC, Clerk of Council City Council Meeting Minutes July 7, 2014 I. Call to Order - Mayor Joyce S. Cameron Mayor Cameron called the meeting to order at 6:30 p.m. II. Pledge of Allegiance and Moment of Silence III. Roll Call: Present: 6 - Mayor Joyce Sutton Cameron, Vice Mayor Barbara Staggs , Councilmember Bettye Gales, Councilmember Rap Hankins, Councilmember Bruce Kettelle and Councilmember Mary McDonald Absent: 1 - Councilmember Ron Vaughn Staff and Visitors Present: City Manager Michael J. Lucking, Finance Director Patricia Shively, Human Resource Manager Barbara Brooks, Fire Chief Steve Milliken, Planning and Development Director Carl Daugherty, Police Captain of Administration John Porter, Public Works Operations Manager Dalton Hines. Visitors: Stephanie Kellman, Shawn Tucker, Paul Kasperski, Jason Began, Marie Battle, David Young, Crystal Dunson Watson, Ron Watson, tom Grady, Janice chinn, Hugo Dioggs, and John Brooks. IV. Motion to Approve the Agenda City Manager Michael J. Lucking requested a change to the agenda as follows: Item VII. Consent agenda move number S, T, U & V to item IX. Resolutions. Mayor Cameron requested a Motion with this adjustment. A motion was made by Mrs. McDonald and seconded by Vice-Mayor Staggs. Roll Call resulted in the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald V. Public Comments: Mayor will recognize any visitors/citizens who have completed the sign-in sheet prior to the meeting. VI. Special Presentations and Recognitions A. PR031-14 Introduction and ceremonial swearing in of new Battalion Chief Christopher Heaton to City Council, Staff, and guests. Attachments: Fire Department Letterhead.doc 2.doc Ceremonial Oath Fire Battalion Chief _ Heaton_ 7-7-14.pdf City Manager Lucking introduced Fire Cheif Steve Milliken to introduce new Battalion Chief Heaton. City of Trotwood Page 1 City Council Meeting Minutes July 7, 2014 B. PR033-14 Ceremonial Swear-In and Introduction of New Reserve Officer Jesse West Attachments: Oath of Office.docx WEst Bio.pdf City Manager introduced Police Captian John Porter to the poldium for the swearing in of Officer Jesse West with Mayor Cameron. C. PR034-14 Formal Swear-In and Introduction of New Reserve Officer Cynthia Peffly Attachments: Oath of Office.docx Cynthia Peffly Bio Police Captain John Porter introduced Police Officer Jesse West to accept the Oath of Office from Mayor Joyce Sutton Cameron. VII. Motion to Approve the Consent Agenda Mayor Cameron requested a Motion to approve the Consent Agenda. A motion was made by Vice-Mr,. Hankins and seconded by Mrs. Gales. Roll Call resulted in: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald A. 14-76 Meeting Minutes from Regular Council meeting on Monday, June 2, 2014. Attachments: MeetingMinutes02--June-2014-02-56-30.pdf This Staff Report was read and filed B. 14-77 Motion for the Trotwood City Council to cancel regular and workshop meetings for the month of August 2014. This Staff Report was read and filed C. 14-78 Motion for the Law Director to draft ordinance to grant transfer of land in the amount of $1.00 for the right-of-way and temporary easement of 0.055 acres to Montgomery County Engineer's Office as being part of a 26.344 acre track of land, for the Denlinger Road replacement project TRT-105053, PARCEL H33-02112-00150 located at the southwest corner of Denlinger Road, Trotwood, Ohio. This Staff Report was read and filed D. 14-79 Motion for the Law Director to draft ordinance to approve the current replacement pages to the Trotwood Code of Ordinances. This Staff Report was read and filed City of Trotwood Page 2 City Council Meeting Minutes July 7, 2014 E. 14-80 Motion to accept resignation letter from Mr. Boyd Hastings, Planning Commission member and instruct Municipal Clerk to advertise its vacancy to fulfill the reminder of his term due to expire on December 31, 2015. Attachments: Boyd Hastings Resignation Ltr 7-7-14 agenda.pdf This Staff Report was read and filed F. R14-47 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE PLANNING DEPARTMENT TO INITIATE A PROPERTY TAX FORECLOSURE ACTION UPON A SINGLE-FAMILY RESIDENCE AT 307 BEARDSLEY (PID NO. H33-00211-0026) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R14-47, Tax Foreclosure, 307 Beardsley, 7-7-14 307 Beardsley - Photo Mayor Cameron requested a Motion to Approve the Consent Agenda. Motion made by Vice Mayor Staggs and seconded by Councilmember McDonald to approve the following items on the Consent Agenda. Motion was passed by the following roll call vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald G. R14-48 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE PLANNING DEPARTMENT TO INITIATE A PROPERTY TAX FORECLOSURE ACTION UPON A SINGLE-FAMILY RESIDENCE AT 812 EPPINGTON DRIVE (PID NO. H33-00204-0022) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R14-48, Tax Foreclosure, 812 Eppington, 7-7-14 812 Eppington - Photo Mayor Cameron requested a Motion to Approve the Consent Agenda. Motion made by Vice Mayor Staggs and seconded by Councilmember McDonald to approve the following items on the Consent Agenda. Motion was passed by the following roll call vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald City of Trotwood Page 3 City Council Meeting Minutes July 7, 2014 H. R14-49 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE PLANNING DEPARTMENT TO INITIATE A PROPERTY TAX FORECLOSURE ACTION UPON A SINGLE-FAMILY RESIDENCE AT 609 COLERIDGE (PID NO. H33-00207-0020) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R14-49, Tax Foreclosure, 609 Coleridge, 7-7-14 609 Coleridge - Photo Mayor Cameron requested a Motion to Approve the Consent Agenda. Motion made by Vice Mayor Staggs and seconded by Councilmember McDonald to approve the following items on the Consent Agenda. Motion was passed by the following roll call vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald I. R14-50 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE PLANNING DEPARTMENT TO INITIATE A PROPERTY TAX FORECLOSURE ACTION UPON A SINGLE-FAMILY RESIDENCE AT 721 BRADFIELD (PID NO. H33-00502-0012) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R14-50, Tax Foreclosure, 721 Bradfield, 7-7-14 Mayor Cameron requested a Motion to Approve the Consent Agenda. Motion made by Vice Mayor Staggs and seconded by Councilmember McDonald to approve the following items on the Consent Agenda. Motion was passed by the following roll call vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald J. R14-51 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE PLANNING DEPARTMENT TO INITIATE A PROPERTY TAX FORECLOSURE ACTION UPON A SINGLE-FAMILY RESIDENCE AT 5636 WESTCREEK (PID NO. H33-01508-0029) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R14-51, Tax Foreclosure, 5636 Westcreek, 7-7-14 Mayor Cameron requested a Motion to Approve the Consent Agenda. Motion made by Vice Mayor Staggs and seconded by Councilmember McDonald to approve the following items on the Consent Agenda. Motion was passed by the following roll call vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald City of Trotwood Page 4 City Council Meeting Minutes July 7, 2014 K. R14-52 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE PLANNING DEPARTMENT TO INITIATE A PROPERTY TAX FORECLOSURE ACTION UPON A SINGLE-FAMILY RESIDENCE AT 4643 KNOLLCROFT (PID NO. H33-01408-0011) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R14-52, Tax Foreclosure, 4643 Knollcroft, 7-7-14 4643 Knollcroft - Photo This Resolution was approved Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald L. R14-53 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE PLANNING DEPARTMENT TO INITIATE A PROPERTY TAX FORECLOSURE ACTION UPON A VACANT RESIDENTIAL LOT AT 3 GREACIAN (PID NO. H33-00206-0016) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R14-53, Tax Foreclosure, 3 Greacian, 7-7-14 Mayor Cameron requests a motion on this item. A motion was made by Councilmember Hankins, seconded by Councilmember Gales, that this Resolution be approved. The motion carried by the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald M. R14-54 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE PLANNING DEPARTMENT TO INITIATE A PROPERTY TAX FORECLOSURE ACTION UPON A SINGLE-FAMILY RESIDENCE AT 363 EPPINGTON (PID NO. H33-00407-0004) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R14-54, Tax Foreclosure, 363 Eppington, 7-7-14 Mayor Cameron requested a Motion to Approve the Consent Agenda. Motion made by Vice Mayor Staggs and seconded by Councilmember McDonald to approve the following items on the Consent Agenda. Motion was passed by the following roll call vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald City of Trotwood Page 5 City Council Meeting Minutes July 7, 2014 N. R14-64 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE PLANNING DEPARTMENT TO INITIATE A PROPERTY TAX FORECLOSURE ACTION UPON A VACANT RESIDENTIAL LOT AT 7 E WORLEY (PID NO. H33-00304-0036) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: Res 14-64, Tax Foreclosure, 7 E. Worley 7 E Worley Mayor Cameron requested a Motion to Approve the Consent Agenda. Motion made by Vice Mayor Staggs and seconded by Councilmember McDonald to approve the following items on the Consent Agenda. Motion was passed by the following roll call vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald O. R14-63 RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AN INTERNET AUCTION SITE CALLED PROPERTYROOM.COM FOR UTILIZATION OF SELLING ABANDONED PROPERTY FROM THE PROPERTY ROOM AND CITY SURPLUS PROPERTY. Attachments: Res 14-63, Propertyroom.com 2012 Service Agreement.pdf This Resolution was approved P. R14-55 A RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PREPARE AND SUBMIT AN APPLICATION FOR THE OHIO PUBLIC WORKS COMMISSION (OPWC) STATE CAPITAL IMPROVEMENT PROGRAM, AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM, ROUND 29; COMMITTING CITY MATCHING FUNDS IN CONJUNCTION WITH THE OLDE TOWN WATERMAIN IMPROVEMENTS, PHASE 1A (TROTWOOD BOULEVARD AND N. UNION ROAD) PROJECT. Attachments: Res 14-55, OPWC, Olde Town Watermain RES. 14-56 OLDE TOWN WATERMAIN REPLACEMENTS PHASE 1A.pdf This Resolution was approved City of Trotwood Page 6 City Council Meeting Minutes July 7, 2014 Q. R14-56 A RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION (OPWC) STATE CAPITAL IMPROVEMENT PROGRAM, AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM, ROUND 29; COMMITTING CITY MATCHING FUNDS IN CONJUNCTION WITH SANITARY SEWER LINE REPLACEMENT IN WOLF CREEK. Attachments: Res 14-56, OPWC, Sanitary Sewer Line RES 14-56 WOLF CREEK SANITARY SEWER LINE REPLACEMENT 7-7-14 C.C. MTG..pdf This Resolution was approved R. R14-57 A RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH LOCKWOOD, JONES, & BEALS (LJB INC.) FOR THE WOLF CREEK PIKE ROAD/PATHWAY CONTRACT MODIFICATION PROJECT PID 88223, ACROSS ROUTE 49/CONNECTOR AND CONNECTS THE FIVE RIVERS PARKS RAIL TRAIL, LOCATED IN TROTWOOD, OHIO. Attachments: Res 14-57, Wolf Creek Pike, LJB Contract Modification Stmt of Work 2014, LJB Contract Mod Cost Estimate Summary, Project Scope & Narrative, LJB Inc. This Resolution was approved City of Trotwood Page 7 City Council Meeting Minutes July 7, 2014 S. R14-58 SPONSORDED BY COUNCIL MEMBER __________________ON THE ______DAY OF __________, 2014. RESOLUTION DETERMINING THE NECESSITY OF LEVYING A RENEWAL TAX EXCESS OF THE TEN-MILL LIMITATION FOR THE PURPOSE OF CONSTRUCTING RECONSTRUCTING, RESURFACING, AND REPAIRING STREETS, ROADS, AND BRIDGES WHICH LEVY SHALL BE 1.0 MILL WHICH IS A RENEWAL OF AN EXISTING LEVY BE 1.0 MILL, TO RUN FOR THREE (3) YEARS, PURSUANT TO SECTION 5705.19 AND SUBSECTION 5705.19 (G) AS AMENDED, OF THE OHIO REVISED CODE, AND REQUESTING THE COUNTY AUDITOR TO CERTIFY MATTERS IN CONNECTION THEREWITH. Attachments: Res 14-58, 1 Mil, 3-Year Street Levy RES 58 & 59 PAVING LEVIES PUBLIC WORKS 7-7-14.pdf The Clerk read the caption. City Manager said this resolution is for the Public Works Department requests the Montgomery County auditors office to certify the millage and revenue allociated with the renewal of a 1 mil / 3 year term levy for the constrcution, reconstruction, resurfacing and repair of roadway that will be placed on the November 2013 general election ballot. Mayor Cameron requested a motion to approve R14-58. A motion was made by Mr. Hankins and seconded by Mrs. McDonald. Roll Call resulted in the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald T. R14-59 SPONSORED BY COUNCIL MEMBER _____________________ON THE ______DAY OF ____________, 2014. RESOLUTION DETERMINING THE NECESSITY OF LEVYING A RENEWAL TAX IN EXCESS OF THE TEN-MILL LIMITATION FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCING, RESURFACING, AND REPAIRING STREETS, ROADS, AND BRIDGES WHICH LEVY SHALL BE 1.0 MIL WHICH IS A RENEWAL OF AN EXISTING LEVY OF 1.0 MIL, TO RUN FOR FIVE (5) YEARS, PURSUANT TO SECTION 5705.19 AND SUBSECTION 5705.19 (G) AS AMENDED, OF THE OHIO REVISED CODE, AND REQUESTING THE COUNTY AUDITOR TO CERTIFY MATTERS IN CONNECTION THEREWITH. Attachments: Res 14-59, 1 Mil, 5-Year Street Levy The Clerk read the caption. City Manager Lucking said this levy certification is associated with the renewal of a 1 mil / 5 year term road levy first approved by the electorate in 2009. Will be utilized for the same purpose at stated in Resolution 14-58. Mayor Cameron requested a motion to approve R14-59. A motion was made by Mrs. Gales and seconded by Vice-Mayor Staggs. Roll Call resulted in the following vote: City of Trotwood Page 8 City Council Meeting Minutes July 7, 2014 Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald U. R14-65 SPONSORED BY COUNCIL MEMBER ______________________ON THE ______DAY OF _______________,2014. RESOLUTION DETERMMINING THE NECESSITY OF LEVYING A RENEWAL TAX IN EXCESS OF THE TEN-MILL LIMITATION FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, APPLIANCES, BUILDINGS, OR SITES THEREFORE WHICH LEVY SHALL BE 2.0 MILLS WHICH IS A R4ENEWAL OF AN EXISTING LEVY OF 2.0 MILLS, TO RUN FOR FIVE (5) YEARS, PURSUANT TO SECTION 5705.19 AND SUBSECTION 5705.91 (I) AS AMENDED, OF THE OHIO REVISED CODE, AND REQUESTING THE COUNTY AUDITOR TO CERTIFY MATTERS IN CONNECTIONS THEREWITH. Attachments: Capital improvement20141.pptx R14-65 & R14-70 Certificate Mont. Cty 7-21-14.pdf The Clerk read the caption. City Manager said this millage and revenue is associate with the renewal of a 2 mil / year term levy for the capital equipment necessary for the operation of the Fire & Rescue Department. This levy was first approved in 2009 and will be placed on the November 2014 general election ballot. Mayor Cameron requested a motion to approve R14-65. A motion was made by Mr. Hankins and seconded by Mrs. McDonlad. Roll Call resulted in the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald City of Trotwood Page 9 City Council Meeting Minutes July 7, 2014 V. R14-66 SPONSORED BY COUNCIL MEMBER ______________________________ON THE __________DAY OF __________, 2014. RESOLUTION DETERMINING THE NECESSITY OF LEVYING A RENEWAL TAX IN EXCESS OF TEN-MILL LIMITATION FOR THE PURPOSE OF THE PROVISION OF AMBULANCE, PARAMEDIC, OR OTHER EMERGENCY MEDICAL SERVICES OPERATED BY A FIRE DEPARTMENT OR FIREFIGHTING COMPANY WHICH LEVY SHALL BE 2.0 MILLS WHICH IS A RENEWAL OF AN EXISTING LEVY OF 2.0 MILLS, TO RUN FOR FIVE (5) YEARS, PURSUANT TO SECTION 5705.19 AND SUBSECTION 5705.19 (I) AS AMENDED, OF THE OHIO REVISED CODE, AND REQUESTING THE COUNTY AUDITOR TO CERTIFY MATTERS IN CONNECTION THEREWITH. Attachments: R14-66 FIRE EMS LEVY 5 YR 7-7-14 C.C. MTG..pdf history of Actual Revenue EMS.ppx.pptx R14-66 & R14-71 Certificate Mont. Cty 7-7-14.pdf The Clerk read the caption. City Manager said this renewal levy request will also certify to the Montgomery County auditors office the millage and revenue associated with a 2 mil / 5 year term for EMS services to be placed on the november general election ballot. Mayor Cameron requested a motion to approve R14-66. A motion was made by Mr. Kettelle and seconded by Mrs. Gales. Roll Call resulted in the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald VIII. Public Hearings/Ordinances. Motion to Open the Public Portion of the Meeting. Mayor Cameron requested a Motion to open the Public Hearing portion of this meeting. A motion was made by Mrs. McDonald and seconded by Mrs. Gales. Roll Call resulted in the following votes: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald City of Trotwood Page 10 City Council Meeting Minutes July 7, 2014 A. OR7-14 AN ORDINANCE GRANTING TO THE DAYTON POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IN THE CITY OF TROTWOOD, STATE OF OHIO, FOR A PERIOD OF FIVE (5) YEARS, AUTOMATICALLY RENEWING FOR ADDITIONAL PERIODS OF TWO (2) YEARS UNLESS NOTICE IS GIVEN, COMMENCING ON THE EFFECTIVE DATE OF THIS ORDINANCE. Attachments: Ord 9-89, DP&L Franchise Agreement 1989 Notice of Public Hearing, DP&L Franchise Agreement The Clerk read the caption. City Manager Lucking said this franchise agreement is a renewal for (5) five years with successive renewal of two years unless there is a early termination by the city. Key elements of this agreement include the franchise provision terms and agreement, compliance with all city rules and regulations application to construction, excavation and installation with our public right-of-way, and the indemnification regarding legal claims against DP&L releasing us from any liability. Mayor Cameron requested a motion to approve OR7-14. A motion was made by Mr. kettelle and seconded by Mr. Hankins. Roll Call resulted in: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald City of Trotwood Page 11 City Council Meeting Minutes July 7, 2014 B. OR9-14 AN AMENDMENT TO ORDINANCE NO. 39-08, “THE HIGHLANDS” TO AMEND THE MOSS CREEK SUBDIVISION PLANNED UNIT DEVELOPMENT (PUD) LOCATED ON THE SOUTH SIDE OF WESTBROOK ROAD, PARCEL I.D. NO. H333-02105-00265, LOCATED IN TROTWOOD, OHIO. Attachments: OR09-14 Revised Ordinance Approving Moss Creek PUD (00690086@xA06A8).pdf STAFF REPORT 7-21-14 HIGHLANDS.pdf FINAL HIGHLANDS OF MOSS CREEK PUD AGREEMENT 7-21-14.pdf Moss Creek 300' Public Hearing 7-7-14 OR9-14.pdf PC CASE #14-02 HIGHLANDS DEVELOPMENT LABELS 040914.pdf Notice Public Hearing Amending ORD39-08 Highlands of Mosss Creek PUD _ July 7, 2014.pdf The Clerk read the captain. A motion was made to accept the revised ordinance substituted in the packet as exhibit "A" . A motion was made by Mr. Kettelle and seconded by Mr. Hankins. Roll Call resulted in 6 yes votes to approve. City Manager Lucking introduced Carl Daugherty, Planning and Development Director to give his staff report. This case was presented to the Planning Commission on April 2014 and now has move forward for city council approval. 157 new residential homes in the proposed Highlands at Moss Creek are planned for this southwest portion of this subdivision within this 75.376 acres. Access would be provided from Westbrook Road known as Section 3. Ryan Homes is the home builder anticipating to build 20 homes per year. From the discussions by developer, the Home tOwners Association (HOA) group and staff, there was expressed need for a second tier of transitional lots. Transitional lots area "A" have 45 lots that would require a high minimum floor area of 1,500 to 1,700 ft. floor area and built with all for sides of natural material. The "B" Transitional lots will have a square footage ranges from 1,500 - 1,700 sq. ft., but not subject to the natural material. The draft agreement is originated with the previous adopted plan. Proposed changes were adjusted accordingly to achieve the highest quality of building materials. Another change relates to the non-golf course homes square footage requirement. Visitors - Mr. David Young representating Signature Sites Develop, LLC, 4900 Berry Leaf Place, Columbus, Oh, has been a broker for 44 years with experience in developing subdivisions. Only large homes in Section 21 have been built with the housing market starting to recover, he would like to see the 'Highlands' built out. Mr. Mark Locke representating Ryan Homes MVRA (parent company of Ryan Homes), 884 Pleasant Valley Drive, Dayton, Oh, said his company is currently in 16 communities in greater Dayton, Oh. They average sales in excess of 310 homes in one year and on a average of 33 sales out of the model homes. They project and anticipate selling 20 homes at set lot prices here in Trotwood with this developer. A conservation easement will be located on which adjourns Sherfield Drive lots. Square footage on the larger lot homes will vary starting from 1,000 to 3,000 sq. ft. The golf course lots will have natural materials along with the transition "A" lots . The market will dictate how much these homes City of Trotwood Page 12 City Council Meeting Minutes July 7, 2014 will sell for estimated range for golf course lots $240,000.00; transitional lots $210,000.00; and non-golf course lots $190,000.00. Mr. Jim Davis, 5229 Diamond Mill Road, Brookville, Oh - Started to develop the golf course in 1997. His partnership owned the original 216 acres of land. With this development an appraised value of $33 million could be added to the tax rolls for the city. Mr. Hankins asked about the condition of the golf course. Mr. Davis said it was sold 7 years ago. There is interest in building a club house at this time possibly down the road. Mr. George Carras, 5455 Sherfield Drive, Trotwood, Oh - The 157 homes price point doesn't seem commensrate with the other large homes already in the subvision. The golf course is in bad shape from what he's witnessed. Mr. Ron Watson lives at 7002 Tamarack in the Moss Creek Subdivison in Phase 1 since 2005. He wants to see natural materials and a phasing plan to maintain the quality of homes that is comparable to Section 1. Mr. Hugo Diggs lives at 7010 Camden Circle in Moss Creek Subdivision. The owner of the golf course hasn't been able to maintain the grounds and it's in bad shape. Their HOA volunteers has tried to do help, but they are running out of funds. We don't know how long they will be around and needs to be taken into consideration. Said the orginal 2008 PUD amendment list of acceptable homes models should be approved along with the phasing scheme are critical to him. Mayor Cameron asked, where does the Northmont School District stand on this development if we move forward. City Manager explained, this is evenings issue is to consider the land. The second part, if this is approved, council will have to decide whether to accept a Tax Increment Financing T.I.F. request from the developer to help pay for the cost of the infrastrure to the 'Highlands' section. Northmont School District has indicated they need to consent for any T>I>. Increment over a 10 year - 75% abatement, wanting a 100% reimbursement tax dollars be paid to them after the term of the abatement is fullfilled. Throughout time this may effect the sudivison and if the city of Trotwood if council would consider a T.I.F. to support this subdivison. The developer would also have the option of obtaining the financing from a private agency. Mr. Hankins said he'd like to see quality homes built and responsible land use for those lots. Some of the lots are at or just under 1/4 acre that is part of a master plannned community proposed in 1995. As part of the city Strategic Plan council would like to see the real estate market rate housing to upper income residents. Vice-Mayor Staggs has concerning about the golf course and its deterioting condition which already has an efffect to the existing residents. Someone will eventually purchase Moss Creek Subdivision Section 1 which would typically would include the golf course. The developer said he spoke to the owner of the golf course that he is committed to its future to make it viable. Staff recommdations to approve the new PUD agreement as outlined by the final proposed changes attached as presented in the Final Proposed Draft Agreement presented by and PUD Chapter 1140 of the zoning ordinance. Law Director McHugh said, this ordinance is a classified as a first reading according to the section 1140.05 (J) of the zoning code as a Preliminary Ddevelopment Land Use Plan and must require a second reading at the next City of Trotwood Page 13 City Council Meeting Minutes July 7, 2014 meeting (July 21, 2014) according to the law possibly in two weeks. City Manager stated, we will also have to have a Public Hearing to discuss the T.I.F. since the developer is asking the city for the development costs at a later date. The T.I.F. discussion will not take place in two weeks since council must have a second final reading of this ordinance. Mayor Cameron requests a motion to schedule a second reading as required by law for this Ordiance to be heard at the July 21, 2014 Special Meeting for consideration. A motion was made by Councilmember Kettelle, seconded by Councilmember McDonald. The motion carried by the following vote: Aye: 5- Mayor Cameron, Vice Mayor Staggs, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald Nay: 1- Councilmember Gales Excused: 1- Councilmember Vaughn City of Trotwood Page 14 City Council Meeting Minutes July 7, 2014 C. OR11-14 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP WITH REZONING APPROVAL OF 9.5 ACRES LOCATED at 5353 SALEM AVENUE (PARCEL I.D. #H33-00807-0001) FROM “R-B REGIONAL BUSINESS ZONING DISTRICT TO THE “I-PUD” INDUSTRIAL PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT. Attachments: Ord 11-14, Zoning Map Amendment Phoenix Staff Report.pdf 300' PHOENIX TUBE 5353 SALEM AVE,. ZONING CHANGE I-PUD 7-7-17.pdf The Clerk read the caption. City Manager Lucking introduced Carl Daugherty, Planning & Development Director to report on the repurposing of this vacant property known as the former K-Mart store (aka Sears Corporation), 5353 Salem Avenue in Trotwood. The proposal is for a light manufacturing and warehousing distribution ill bring jobs to our city. Phoenix Tubing Company has expressed an interest to purchase this property. Their Wolf Creek location is at maximum capacity, therefore, the need of a warehouse to house a variety of light metal products for various industries fpor distribution. The applicant is requesting a rezoning from the current R-B Regional Business zoning to the I-PUD Industrial Planned Unit Development zoning district for the building occupancy. Two land use requests are needed tonight requiring a zoning change and the preliminary plan use. The site is large enough to accommodate this use. The immediate plan for this 117,000 sq. ft. facility will require some changes as outlined in the zoning code Chapter 1140 according to the proposed recommendations in the attached staff report. The site has some private access easements access rights that goes out to the throughfare on Shiloh Spring will not be modified by the new owner. Dock area will be used to the rear of the building with removal of some chain link fencing. Mr. Paul Kasperski, President of Phoenix Tube stated they are out of room and move the storage out to this site so they can free up space for more manufacturing at the Wolf Creek facililty. Their employment projections will double with this facility at the manufacturing facility to produce more product working 12 hour days at full capacity. with the potential of a third line for next year. Mayor Cameron requested a motion for the approval of OR11-14. A motion was made by Mrs. McDonald and seconded by Mr. Kettelle. Roll call resulted in the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald City of Trotwood Page 15 City Council Meeting Minutes July 7, 2014 D. OR10-14 AN ORDINANCE APPROVING AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN TO OCCUPY AN EXISTING 117,000 SQUARE FOOT FACILITY AS LIGHT MANUFACTURING WAREHOUSE AND DISTRIBUTION FACILITY LOCATED AT 5353 SALEM AVENUE (PARCEL I.D. #H33-00807-0001). Attachments: OR10-14 5353 Salem Ave 2nd read Preliminary plan approval Phoenix Tube 7-21-14.pdf ORD_OR 11-14Phoenix PUD Agreement 7-7-14.pdf Mayor Cameron requests a motion to approve this first ready OR10-14 acfcoridng to section 1040.50 J of the zoning ordinance. A motion was made by Vice-Mayor Staggs, seconded by Mrs. MCDonald, that this Ordinance be approved on first reading. The motion carried by the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald Excused: 1- Councilmember Vaughn Motion to Close the Public Hearing. Mayor Cameron requested a moiton to close the public hearing. A motion was made by Mr. Kettelle and seconded by Mr. Hankins. Roll call resulted in the following votes: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald IX. Resolutions A. R14-61 A RESOLUTION BY THE COUNCIL OF THE CITY OF TROTWOOD, OHIO AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE CITY OF CLAYTON TO REPAVE A PORTION OF WESTBROOK ROAD AT A COST NOT TO EXCEED $77,496.50. Attachments: Res 14-61, Westbrook Road Paving Agreement with Clayton, Westbrook Road Paving The clerk read the caption. City Manager said this is a cooperative agreement with the city of Clayton for the resurfacing of a portion of Westbrook Road beginning at ST. Rt. 49 to Union Road. This road is a heavily traveled roadway and will require a mill and fill surface. We share the common use of this roadway with the cost to be split 50/50. The work will start during the 2014 construction season with the source of funding for Trotwood from the Permissive Use Tax Fund. Mayor Cameron requested a motion to approve R14-61. A motion was made by Vice-Mayor Staggs and seconded by Mrs. Gales. Roll Call resulted in the following vote: City of Trotwood Page 16 City Council Meeting Minutes July 7, 2014 X. Old & New Business XI. Mayor XII. City Manager - reminder to visit Trotwood website at www.trotwood.org for updated information and events in city. Mayor Walk-n-Talk in Ward 2 will be held this Friday, July 25, 2014 from 10:00 am - 2:00 pm. The web page is now in the building stage with the launch date in mid September. A new Parks and Recreation Manager will be introduced to council in September. XIII. Council Members - 1) Ward Updates, 2) Announcements Councilman Hankins - Invited everyone to attend the Farmers Market to be held every Saturday located on Shiloh Springs in front of the old mall site from 9 am - 2 pm. Councilwomen Gales - Pleasant Avenue Block Party festival was held this Saturday a very fun time for all. Councilwoman McDonald - Thank you Public Works for doing work in Ward 4 fixing the pot holes. Councilman Kettelle - Thank you to the Moss Creek resident's for helping out with the concessions to move the subdivision forward. Thank you staff for all the hard work in getting this large packet together at a minimal cost due for to us on our iPads that's saves time & money Mayor Cameron - The kids golf camp started this week at the Moss Creek golf course. NOTICE - TO SCHEDULE AN APPOINTMENT WITH MAYOR CAMERON AND CITY COUNCILMEMBERS, PLEASE CONTACT CLERK OF COUNCIL SANDY RIEGE AT 854-7212 BETWEEN THE HOURS OF 8am - 5pm, Monday-Friday. XIV. Staff Reports A. 14-75 Motion to approve Ohio Department of Liquor Control New Application of C1 & C2 Permit Class for Keowee Fuel Services LLC, dba OM Oil Trotwood, 2898 Olive Road Trotwood, Ohio 45426. Permit # 45941500015 Attachments: Council Form for Keowee.pdf Permit Classes from Liquor Control 06-26-14.docx Permit numbers for Trotwood 6-26-14.docx Police Captain John Porter said the former Swifty gas station, now under new ownership as Keowee Fuel Services LLC dba OM Oil, located at 2898 Olive Road, has applied for a C1 & C2 permit which is beer & wine carry out only. Police Department and Zoning Department found no reason for a denial. Mayor Cameron requested a motion to approve this request without comment. A motion was made by Mr. Kettle and seconded by Mrs. Gales. Roll Call resulted in the following vote: City of Trotwood Page 17 City Council Meeting Minutes July 7, 2014 XV. Motion to Adjourn Mayor Cameron requested a motion to adjourn this meteing. A motion was made by Vice-Mayor Staggs and seconded by Mr. Hankins. Roll call resuted in the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle and Councilmember McDonald City of Trotwood Page 18