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City Council

Regular Meeting

Trotwood, OH · October 3, 2016

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City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes Monday, October 3, 2016 6:30 PM Regular Meeting T-M Schools Board of Education Meeting Chambers 3594 N. Snyder Road, Trotwood, Ohio City Council City Council Meeting Minutes October 3, 2016 I. Call to Order - Mayor Mary A. McDonald Mayor McDonald called the meeting to order at 6:30 pm. II. Invocation by Pastor Norman J. Scearce III III. Pledge of Allegiance IV. Roll Call: Clerk of Council Present: 7 - Mayor Mary A. McDonald, Vice Mayor Bettye L. Gales, Councilmember Rap Hankins, Councilmember Charles Ron Vaughn, Councilmember Rhonda C. Finley, Councilmember Robert L. Kelley Jr. and Councilmember Scotty A. Sly Sr. Staff members in attendance: Quincy E. Pope, Sr. City Manager, Stephanie Kellum, Deputy City Manager/Human Resource Manager, Steve McHugh Law Director, Erik Wilson Police Chief, Steve Milliken Fire Chief, Brenda Blasuer Assistant to the City Manager, Jeannie Peyton Planning & Zoning Administrator, Donna Sure Bowman Income Tax Administrator, Chris Peeples Finance Director and Sandy Riege Fuller Clerk of Council. Visitors: Stephen Champion, Sandra Johnson, Mattie Clay, Norman Scearce III, Sean & Katy Taylor, Eric Smith, Myles Belyeu, Duane Plessinger, Shaela Ruse, Monica Houston, Jacqueline Momin, Angela Freeman, Marie Battle , William Lainhart, James Williams, Jamie Murray, George Tyler, Lynnel & Lynn Burkes, Carlos Jones, Princton Ivegbu, John Fecke, Janice Chinn, Lisa Fletcher, Jada McMann, Johnnie Freeman Devone Burney, Jr. Connie Jones, Theodore Fields, Tom Grady, Jay Young, Camrin Wilson, Torry Patton, Mikey Hunter, Therney Anderson, Tyulashee Mansell, and JaWarr Gillis. V. Motion to Approve the Agenda Mayor Mary McDonald requested a motion to approve the agenda. A motion was made by Mr. Hankins and seconded by Mr. Sly to approve. Roll Calll resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. VI. VISITORS AND COMMUNICATIONS: To comment on any topic on the agenda, please fill out a Speaker Form and return it to the Clerk of Council BEFORE the start of the meeting. Proceed to the microphone, state your name and address, proceed with your comments. You will have three (3) minutes to speak. Citizen comments on the 'Public Hearing' portion of the meeting will be accepted at the appropriate time during the meeting. William Lanhardt lives at 99 Miller is having a problem with his neighbor at 89 City of Trotwood Page 1 City Council Meeting Minutes October 3, 2016 Miller has had no water for over two years. This house was supposed to be condemned over a year ago according to our Code Enforcement officer. People at 123 & 125 Miller are working on the property, but it's still a bad health hazard. He's contacted the police department numerous times and doesn't know what else to do, can we help. City Manager Pope said the city will check into the matter. VII. Special Presentations and Recognitions A. Proclamation from Miami Valley Young Marines Recognizing National Red Ribbon Week from October 23-31, 2016 in support of illicit drug awareness. Attachments: Red Ribbon Week Young Marines Proclamation Drug Free Oct 2016 Mayor McDonald presented a Proclamation to the students from the "Young Marines of the Marine Corps League" . Their organization fosters a healthy, drug-free lifestyle and are inviting citizens to join them in observance of the "National Red Ribbon Week from October 23-31, 2016". The students explained their program is for kids under the age 18 to learn discipline, respect, physical training and support community services. VIII. Motion to Approve the Consent Agenda Mayor McDonald requested a motion to approve the consent agenda. A motion was made by Mr. Sly and seconded by Mr. Hankins. Roll call resulted in the following vote: A. Approval of the Regular Meeting Minutes for Monday, September 6, 2016 City Council meeting Attachments: Meeting Minutes September 6, 2016 Regular Mtg B. Motion of the Trotwood City Council authorizing the Clerk of Council, Sandra L. Riege Fuller as designee for the Ohio Attorney General Sunshine Law And Open Government Training Session for 2016 for four council members with consecutive terms in office. C. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 5216 BESSMER DRIVE (PARCEL ID H33 01305 0008) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: 5216 BESSMER DRIVE (PARCEL ID H33 01305 0008) 5216 BESSMER DRIVE; H33 01305 0008 SUBMISSION PACKET D. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE City of Trotwood Page 2 City Council Meeting Minutes October 3, 2016 ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 204 MAIN STREET (PARCEL ID H33 00302 0010) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-82 204 Main Street Foreclosure.pdf 204 MAIN STREET (PARCEL ID H33 00302 0010) SUBMISSION PACKET E. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 5 N. SUNRISE AVENUE (PARCEL ID H33 00303 0030) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-83_5 N. SUNRISE FORECLOSURE 10-3-16 5 N. SUNRISE AVENUE (PARCEL ID H33 00303 0030) submission packet F. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 19 N. SUNRISE AVENUE (PARCEL ID H33 00303 0035) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-84_19 N. SUNRISE AVNEUE FORECLOSURE 10-3-16 19 N. SUNRISE AVENUE (PARCEL ID H33 00303 0035) submission packet G. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 9 CARMA DRIVE (PARCEL ID H33 00314 0001) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: 9 CARMA DRIVE (PARCEL ID H33 00314 0001) 9 CARMA DRIVE (PARCEL ID H33 00314 0001) submission packet H. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 20 CARMA DRIVE (PARCEL ID H33 00314 0024) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-86_20 CARMA FORECLOSURE 10-3-16 20 CARMA DRIVE (PARCEL ID H33 00314 0024) submission packet City of Trotwood Page 3 City Council Meeting Minutes October 3, 2016 I. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 14 CAISSON STREET (PARCEL ID H33 00209 0009) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: 14 CAISSON STREET (PARCEL ID H33 00209 0009) 14 CAISSON STREET (PARCEL ID H33 00209 0009) submission packet J. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 13 MARIO DRIVE (PARCEL ID H33 00108 0031) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-88_13 MARIO FORECLOSURE 10-3-16 13 MARIO DRIVE (PARCEL ID H33 00108 0031) submission packet K. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 22 RIO GRANDE DRIVE (PARCEL ID H33 00109 0033) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-89_22 RIO GRANDE DRIVE FORECLOSURE 22 RIO GRANDE DRIVE (PARCEL ID H33 00109 0033) submission packet IX. Public Hearings/Ordinances Motion to open the Public portion of this meeting. If there are citizens who would like to speak at the Public Hearing on these Ordinances please stand and raise your right hand for Mayor McDonald to swear you in. Mayor McDonald requested a motion to open the Public Hearing of this meeting. A motion was made by Vice Mayor Gales and seconded by Mr. Sly. Roll calll resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. A. AN ORDINANCE BY THE TROTWOOD CITY COUNCIL FOR AUTHORIZING THE SPECIAL ASSESSMENTS TO PROPERTY OWNERS FOR THE 2016 STREET PAVING PROGRAM ACCORDING TO O.R.C. CODE 729.09 MADE BY CONSTRUCTING, City of Trotwood Page 4 City Council Meeting Minutes October 3, 2016 REPAIRING, AND/OR REPLACING CERTAIN SIDEWALKS, CURBS, GUTTERS AND DRIVEWAY APPROACHES ON N. BROADWAY FROM MAIN STREET TO THE BRIDGE ON NORTH BROADWAY (NORTHBOUND). Attachments: OR06-16_Ordinance Authorizing Special Assessments for 2016 Paving Project (00840530xA06A8) The Clerk read the caption. City Manager Pope explained, the Community Block Grant we received is for the paving and repairs of North Broadway Avenue to the bridge. Part of the grant requirement's are to repair the curb, gutter, sidewalks as identified where citizens could, either proceed by direct employment of labor on their own or by contractor the city has recommended. Once the repairs are made the cost will now be assessed to their property tax duplicate with a penalty of five (5%) and interest if failure to pay at the time fixed by this resolution. If the bill is not paid within 60 days at the city, we will send the assessment to the Montgomery County Real Estate taxation department to be added to their taxes. No further discussion. Mayor McDonald requested a motion for OR6-16. A motion was made by Mr. Kelley and seconded by Mr. Hankins. Roll call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. B. AN ORDINANCE BY THE TROTWOOD CITY COUNCIL FOR THE AUTHORIZATION TO RENAME MODERN WAY TO STRATACACHE WAY WHICH CONNECTS WITH OLIVE ROAD, SOUTH OF THE INTERSECTION OF WOLF CREEK PIKE AND OLIVE ROAD IN THE CITY OF TROTWOOD OHIO AND DECLARING AN EMERGENCY. Attachments: OR22-16_ Ordinance Authorizing Renaming of Modern Way to Stratacache Way (00840504xA06A8).docx OR22-16_Info The Clerk read the caption. City Manager Pope said this ordinance is to establish a new street name for Modern Way that intersects with Olive Road, south of the intersection of Wolf Creek Pike and Olive Roads. Stratacache, Inc. is a new company who moved to this site in this 378,000 sf facility. City Council would like to rename the street to Stratacache Way since the company is the principal employer at this location. No further discussion. Mayor McDonald requested a motion for OR22-16. A motion was made by Mr. Kelley and seconded by Ms. Finley to approve and declare an emergency. Roll call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. C. An ORDINANCE BY THE COUNCIL OF THE CITY OF TROTWOOD AMENDING THE OFFICIAL ZONING OF THE CITY OF TROTWOOD, OHIO, FOR THE PROPERTY LOCATED AT 5331 SALEM AVENUE AT THE SITE FORMERLY KNOWN AS WALMART, PARCEL ID H33- 00805- 0005 ON 13.2 ACRES FROM “R-B” REGIONAL BUSINESS ZONING DISTRICT TO “I-PUD” INDUSTRIAL PLANNED UNIT City of Trotwood Page 5 City Council Meeting Minutes October 3, 2016 DEVELOPMENT ZONING DISTRICT AND DECLARE AN EMERGENCY. Attachments: OR28-16_Ordinance 5331 SALEM AVE REZONING (00840834xA06A8).docx OR29-16 & OR28-16_ PC16-0809 5331 Salem_Presentation for Council 10-3-16 The Clerk read the caption. City Manager Pope said this ordinance will allow a new business to occupy the former Wal Mart Building . Ms. Jeannie Peyton Planning and Zoning Administrator said this ordinance is for the amended of the zoning map from a R-0B Regional Business District to the I-PUD Industrial Planned Unit Development Zoning District for a 13.2 acre site located at 5331 Salem Avenue. Owners are the Storage of America based in Indianapolis, Indiana. to occupy 119,104 sq ft as a storage facility and manufacturing warehouse, and distribution facility. Mr. Eric Smith commercial broker representing the Storage of America, Inc. This property has been sitting vacant for nine (9) years. Three contingencies were proposed to the city to develop this vacant building; convert to a drive thru self storage facility, grant approval for the signage, complete an environmental study to determine if there are no major problems. Part of the plan is to put up fencing, landscaping, and develop a small war memorial area on the site surrounded by military flags. No further discussion. Mayor McDonald requested a motion for OR28-16. A motion was made by Mr. Sly and seconded by Mrs. Finley to approve. Roll call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. D. AN ORDINANCE APPROVING THE PROPOSED SPECIFIC SITE PLAN TO REPURPOSE AN EXISTING 119,104 SQUARE FOOT FACILITY AS A STORAGE FACILITY AND MANUFACTURING, WAREHOUSE, AND DISTRIBUTION FACILITY LOCATED AT 5331 SALEM AVENUE AT THE SITE FORMERLY KNOWN AS WALMART, PARCEL #H33-00805-0005 LOCATED IN THE CITY TROTWOOD AND DECLARING AN EMERGENCY. Attachments: OR29-16 ORDINANCE SITE PLAN FOR STORAGE FACILITY 5331 SALEM AVE OR29-16 & OR28-16_ PC16-0809 5331 Salem_Presentation for Council 10-3-16 The Clerk read the caption. City Manager said this ordinance is to rezone the parcel for use for the specific site plan. No further discussion. Mayor McDonald requested a motion for OR29-16. A motion was made by Mr. Hankins and seconded by Mr. Vaughn to approve as an emergency. Roll Call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. E. AN ORDINANCE BY THE COUNCIL OF THE CITY OF TROTWOOD OHIO, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TROTWOOD, FOR THE PROPERTY LOCATED AT 2383 N. UNION City of Trotwood Page 6 City Council Meeting Minutes October 3, 2016 ROAD AT THE SITE FORMERLY KNOWN AS VFW POST 4270, PARCEL H33-02209-0019, H33-02209-0034, AND H33-02209- 0068 ON .78 ACRES FROM THE “G-B” GENERAL BUSINESS ZONING DISTRICT TO THE “N-B” NEIGHBORHOOD BUISNESS ZONING DISTRICT AND DECLARE AN EMERGENCY. Attachments: OR30-18_ Ordinance 2383 n union REZONING (00840835xA06A8) PC 16-07_2383 N Union_Staff Report for Council Packet PC 16-07 2383 N Union_Presentation for Council The Clerk read the caption. City Manager said the VFW Post 4270 located at 2383 N. Union Road has now moved to another location. Jeannie Peyton Planning & Zoning Administrator explained the site was zoned G-B General Business in 2015 for this service club use. Since the service club is no longer applicable, an amendment of the parcel to N-B Neighborhood Business is more appropriate for the parcel and surrounding area. No further discussion. Mayor McDonald requested a motion for OR30-16. A motion was made by Mr. Sly and seconded by Mr. Hankins to approve. Roll call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. F. AN ORDINANCE BY THE TROTWOOD CITY COUNCIL FOR THE AUTHORIZATION TO WAIVE ALL 2017 ZONING FEES FOR HABITAT FOR HUMANITYOF GREATER DAYTON Attachments: OR31-16_ Ordinance Authorizing Waiver of Fees for Habitat for Humanity (00840631xA06A8) Habitat Fee Waiver Letter 2017 The Clerk read the caption. City Manager reported Habitate for Humanity of Greater Dayton are requesting a waiver of zoning fees for 2017. Deputy City Manager Kellum stated, with this waiver it will help our city to build homes in Trotwood to increase or property values on vacant lots. A waiver of these fees in 2017 will encourage home ownership for at least eight (8) properties. The total amount of zoning fees waiver is about $600.00/800.00 per home. Mayor McDonald requested a motion for OR31-16. A motion was made by Vice Mayor Gales and seconded by Mr. Sly to approve. Roll Call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. X. Resolutions Mayor McDonald requested a motion to close the public hearing. A motion was made by Mr. Vaughn and seconded by Mr. Hankins to approve. Roll Call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. City of Trotwood Page 7 City Council Meeting Minutes October 3, 2016 A. A RESOLUTION BY THE COUNCIL OF THE CITY OF TROTWOOD, OHIO, ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION, AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE MONTGOMERY COUNTY AUDITOR. Attachments: R16-90_AMOUNTS & RATES MONT CTY BUDGET COMMISSION TAX LEVIES STREET IMPROVEMENTS EXPIRES 12.31.2017 The Clerk read the caption. City Manager said this resolution is for the amounts and rates of the city property tax levies is determined by the Budget Commission for the authorization of necessary city levies and to certify them to the Montgomery County Auditor's office. No further discussion. Mayor McDonald requested a motion for R16-90. A motion was made to approve by Mr. Sly and seconded by Mr. Hankins. Roll Call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. B. A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO APPOINT (3) THREE NEW MEMBERS TO THE INCOME TAX & UTILITY APPEALS REVIEW BOARD FOR THE TWO (2) YEAR TERM FOR THE CITY OF TROTWOOD, OHIO Attachments: R16-91_INCOME TAX & UTILITY APPEALS BOARD APPOINTEES 2 YR TERM The Clerk read the caption. City Manager Pope said this legislation will complete the Board of Tax Appeals and Board of Utility Appeals for a two year term beginning October 3, 2016 due to the new tax code effective January 1, 2016. this board is comprise of three people to hear appeals. Three people have been interviewed and nominated they are: Sandra Johnson, Jackie G. Momin, and Angela Battle received their Oath of Office by Mayor McDonald. Mayor McDonald requested a motion for R16-91. A motion was made by Mr. Sly and seconded by Mr. Hankins to approve. Roll Call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. C. A RESOLUTION BY TROTWOOD CITY COUNCIL APPOINTING DAVID E. YOUNG AS DEPUTY CLERK OF COUNCIL FOR THE CITY OF TROTWOOD, OHIO Attachments: R16-93_ Resolution Appointing Deputy Clerk of Council (00841155xA06A8) The Clerk read the caption. Mayor McDonald recuse herself from this legislation discussion. Vice Mayor Gales took over the meeting for the council. Mrs. Finley asked if this is an employee of council or administration position and would like to see the job description. Law Director explained by Charter duties performed as Deputy Clerk will assist the current Clerk of Council as needed. Mrs. Kellum stated the position was advertised currently working in an administrative capacity as a regular employee. Mr. Vaughn said historically, after a Deputy Clerk has completed their training, they have to go City of Trotwood Page 8 City Council Meeting Minutes October 3, 2016 through an interview process, and only then would a determination be made to consider a Clerk of Council. He went on to explain, only three people are appointed by City Council; the City Manager, Law Director and Clerk of Council. A motion was made by Mrs. Finley requesting to 'table' Resolution R16-93 until she sees a copy of the job description and was seconded by Mr. Sly. No Roll call took place. Mr. Sly stated, he did not understand the main motion and asked for it to be repeated by Vice Mayor. He then requested permission to withdraw his second motion and it was unanimous by the majority of council. Vice Mayor Gales asked for another second motion to 'table' R16-93, hearing none and seeing none, the Motion to table died for lack of a second. Vice Mayor Gales asked for another motion for R16-93. A motion was made by Mr. Vaughn to 'approve' R16-93 and it was seconded by Mr. Sly. Roll Call resulted in the following vote by a tally of 4-3 and was passed. Mayor McDonald came to the podium and administered the official Oath of Office to David Young - Congratulations. Aye: 4- Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn and Councilmember Sly Sr. Recused: 3- Mayor McDonald, Councilmember Finley and Councilmember Kelley Jr. XI. Old & New Business a. Mayor: To schedule an appointment with the Mayor, contact Sandy Riege Fuller, Clerk of Council at 937/854-7212 between the hours of 8 am - 5 p.m. Mayor McDonald reported on Sunday Mr. Cliff Rosenburger Speaker of the State of Ohio will be at the Phillips Temple as a guest speaker for all citizens to enjoy. Meet and greet starts at 9:30 to 11:00am. Coffee with the "Trotwood Cops" event will take place this Friday morning a 'The Point' all citizens are welcome. b. City Manager: Reminder to visit the City of Trotwood web site at www.trotwood.org for updated information and events in our city. Go to "Notify Me" icon to sign up to receive information by utilitizing your email address or mobile phone. c. Council Members Mr. Hankins - Thank you to the community who came to the BBQ Sizzle & Sound event and October Harvest Fest at the IAMS House with the Trotwood Historical Society. Mrs. Finley - Thank you to the Trotwood Madison City School students and young Marines for attending our meeting tonight. Jobs are coming to our community, check with our Human Resource manager for details. Organizations such as the 'Boots for Business' are available for any entrepreneur at the federal government level, contact her for more details. Vice Mayor Gales - reminder October is breast cancer month, please support to bring awareness. Mr. Vaughn - Montgomery County Soil & Water Conversation located at Amity Road & Diamond Mill Road is comprised of five (5) members and three (3) are up for re-election; please stop by to vote. Mr. Kelley - is pleased to see new businesses coming to our city. TCIC is doing a great job. Mr. Sly - Thank you to the Trotwood Madison City School kids for attending our meeting tonight, he's working a field trip for them to the State House in Columbus. Dayton Fit Lab new business will be open this Saturday. City of Trotwood Page 9 City Council Meeting Minutes October 3, 2016 d. Staff Reports A. Public Meeting Invitation Wetland Mitigation for the City of Trotwood Attachments: WETLAND MITIGATION AND THE CITY OF TROTWOOD Deputy City Manager Kellum said the Five Rivers Metro Park expressed the need for citizens to attend this public meeting to receive feedback on this topic scheduled on Thursday, October 13, 2016 at the Trotwood Library from 11:30 am to 1:30. A secondary location is scheduled at the Adventure Center located on James H. McGree Blvd. Citizens can call Eric Fowley at 275-7275 with more details posted on our web site. XII. Motion to Adjourn Mayor McDonald requested a motion to adjourn the meeting. A motion was made by Vice Mayor Gales and seconded by Mrs. Finley. Roll;l call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. City of Trotwood Page 10

Agenda

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Agenda - Final Monday, October 3, 2016 6:30 PM T-M Schools Board of Education Meeting Chambers 3594 N. Snyder Road, Trotwood, Ohio City Council Mayor Mary A. McDonald Vice Mayor Bettye L. Gales Councilmember Rap Hankins Councilmember Charles Ron Vaughn Councilmember Rhonda C. Finley Councilmember Robert L. Kelley, Jr. Councilmember Scotty A. Sly, Sr. Sandra L. Riege Fuller CMC, Clerk of Council City Council Meeting Agenda - Final October 3, 2016 I. Call to Order - Mayor Mary A. McDonald II. Invocation by Pastor Norman J. Scearce III III. Pledge of Allegiance IV. Roll Call: Clerk of Council V. Motion to Approve the Agenda VI. VISITORS AND COMMUNICATIONS: To comment on any topic on the agenda, please fill out a Speaker Form and return it to the Clerk of Council BEFORE the start of the meeting. Proceed to the microphone, state your name and address, proceed with your comments. You will have three (3) minutes to speak. Citizen comments on the 'Public Hearing' portion of the meeting will be accepted at the appropriate time during the meeting. VII. Special Presentations and Recognitions A. PR049-16 Proclamation from Miami Valley Young Marines Recognizing National Red Ribbon Week from October 23-31, 2016 in support of illicit drug awareness. Attachments: Red Ribbon Week Young Marines Proclamation Drug Free Oct 2016 VIII. Motion to Approve the Consent Agenda A. 16-73 Approval of the Regular Meeting Minutes for Monday, September 6, 2016 City Council meeting Attachments: Meeting Minutes September 6, 2016 Regular Mtg B. 16-74 Motion of the Trotwood City Council authorizing the Clerk of Council, Sandra L. Riege Fuller as designee for the Ohio Attorney General Sunshine Law And Open Government Training Session for 2016 for four council members with consecutive terms in office. C. R16-81 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 5216 BESSMER DRIVE (PARCEL ID H33 01305 0008) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: 5216 BESSMER DRIVE (PARCEL ID H33 01305 0008) 5216 BESSMER DRIVE; H33 01305 0008 SUBMISSION PACKET City of Trotwood Page 2 Printed on 10/4/2016 City Council Meeting Agenda - Final October 3, 2016 D. R16-82 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 204 MAIN STREET (PARCEL ID H33 00302 0010) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-82 204 Main Street Foreclosure.pdf 204 MAIN STREET (PARCEL ID H33 00302 0010) SUBMISSION PACKET E. R16-83 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 5 N. SUNRISE AVENUE (PARCEL ID H33 00303 0030) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-83_5 N. SUNRISE FORECLOSURE 10-3-16 5 N. SUNRISE AVENUE (PARCEL ID H33 00303 0030) submission packet F. R16-84 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 19 N. SUNRISE AVENUE (PARCEL ID H33 00303 0035) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-84_19 N. SUNRISE AVNEUE FORECLOSURE 10-3-16 19 N. SUNRISE AVENUE (PARCEL ID H33 00303 0035) submission packet G. R16-85 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 9 CARMA DRIVE (PARCEL ID H33 00314 0001) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: 9 CARMA DRIVE (PARCEL ID H33 00314 0001) 9 CARMA DRIVE (PARCEL ID H33 00314 0001) submission packet H. R16-86 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 20 CARMA DRIVE (PARCEL ID H33 00314 0024) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-86_20 CARMA FORECLOSURE 10-3-16 20 CARMA DRIVE (PARCEL ID H33 00314 0024) submission packet City of Trotwood Page 3 Printed on 10/4/2016 City Council Meeting Agenda - Final October 3, 2016 I. R16-87 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 14 CAISSON STREET (PARCEL ID H33 00209 0009) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: 14 CAISSON STREET (PARCEL ID H33 00209 0009) 14 CAISSON STREET (PARCEL ID H33 00209 0009) submission packet J. R16-88 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 13 MARIO DRIVE (PARCEL ID H33 00108 0031) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-88_13 MARIO FORECLOSURE 10-3-16 13 MARIO DRIVE (PARCEL ID H33 00108 0031) submission packet K. R16-89 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 22 RIO GRANDE DRIVE (PARCEL ID H33 00109 0033) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-89_22 RIO GRANDE DRIVE FORECLOSURE 22 RIO GRANDE DRIVE (PARCEL ID H33 00109 0033) submission packet IX. Public Hearings/Ordinances Motion to open the Public portion of this meeting. If there are citizens who would like to speak at the Public Hearing on these Ordinances please stand and raise your right hand for Mayor McDonald to swear you in. A. OR6-16 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL FOR AUTHORIZING THE SPECIAL ASSESSMENTS TO PROPERTY OWNERS FOR THE 2016 STREET PAVING PROGRAM ACCORDING TO O.R.C. CODE 729.09 MADE BY CONSTRUCTING, REPAIRING, AND/OR REPLACING CERTAIN SIDEWALKS, CURBS, GUTTERS AND DRIVEWAY APPROACHES ON N. BROADWAY FROM MAIN STREET TO THE BRIDGE ON NORTH BROADWAY (NORTHBOUND). Attachments: OR06-16_Ordinance Authorizing Special Assessments for 2016 Paving Project (00840530xA06A City of Trotwood Page 4 Printed on 10/4/2016 City Council Meeting Agenda - Final October 3, 2016 B. OR22-16 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL FOR THE AUTHORIZATION TO RENAME MODERN WAY TO STRATACACHE WAY WHICH CONNECTS WITH OLIVE ROAD, SOUTH OF THE INTERSECTION OF WOLF CREEK PIKE AND OLIVE ROAD IN THE CITY OF TROTWOOD OHIO AND DECLARING AN EMERGENCY. Attachments: OR22-16_ Ordinance Authorizing Renaming of Modern Way to Stratacache Way (00840504xA06 OR22-16_Info C. OR28-16 An ORDINANCE BY THE COUNCIL OF THE CITY OF TROTWOOD AMENDING THE OFFICIAL ZONING OF THE CITY OF TROTWOOD, OHIO, FOR THE PROPERTY LOCATED AT 5331 SALEM AVENUE AT THE SITE FORMERLY KNOWN AS WALMART, PARCEL ID H33- 00805- 0005 ON 13.2 ACRES FROM “R-B” REGIONAL BUSINESS ZONING DISTRICT TO “I-PUD” INDUSTRIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT AND DECLARE AN EMERGENCY. Attachments: OR28-16_Ordinance 5331 SALEM AVE REZONING (00840834xA06A8).docx OR29-16 & OR28-16_ PC16-0809 5331 Salem_Presentation for Council 10-3-16 D. OR29-16 AN ORDINANCE APPROVING THE PROPOSED SPECIFIC SITE PLAN TO REPURPOSE AN EXISTING 119,104 SQUARE FOOT FACILITY AS A STORAGE FACILITY AND MANUFACTURING, WAREHOUSE, AND DISTRIBUTION FACILITY LOCATED AT 5331 SALEM AVENUE AT THE SITE FORMERLY KNOWN AS WALMART, PARCEL #H33-00805-0005 LOCATED IN THE CITY TROTWOOD AND DECLARING AN EMERGENCY. Attachments: OR29-16 ORDINANCE SITE PLAN FOR STORAGE FACILITY 5331 SALEM AVE OR29-16 & OR28-16_ PC16-0809 5331 Salem_Presentation for Council 10-3-16 E. OR30-16 AN ORDINANCE BY THE COUNCIL OF THE CITY OF TROTWOOD OHIO, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TROTWOOD, FOR THE PROPERTY LOCATED AT 2383 N. UNION ROAD AT THE SITE FORMERLY KNOWN AS VFW POST 4270, PARCEL H33-02209-0019, H33-02209-0034, AND H33-02209- 0068 ON .78 ACRES FROM THE “G-B” GENERAL BUSINESS ZONING DISTRICT TO THE “N-B” NEIGHBORHOOD BUISNESS ZONING DISTRICT AND DECLARE AN EMERGENCY. Attachments: OR30-18_ Ordinance 2383 n union REZONING (00840835xA06A8) PC 16-07_2383 N Union_Staff Report for Council Packet PC 16-07 2383 N Union_Presentation for Council F. OR31-16 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL FOR THE AUTHORIZATION TO WAIVE ALL 2017 ZONING FEES FOR HABITAT FOR HUMANITYOF GREATER DAYTON Attachments: OR31-16_ Ordinance Authorizing Waiver of Fees for Habitat for Humanity (00840631xA06A8) Habitat Fee Waiver Letter 2017 City of Trotwood Page 5 Printed on 10/4/2016 City Council Meeting Agenda - Final October 3, 2016 X. Resolutions A. R16-90 A RESOLUTION BY THE COUNCIL OF THE CITY OF TROTWOOD, OHIO, ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION, AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE MONTGOMERY COUNTY AUDITOR. Attachments: R16-90_AMOUNTS & RATES MONT CTY BUDGET COMMISSION TAX LEVIES STREET IMPR B. R16-91 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO APPOINT (3) THREE NEW MEMBERS TO THE INCOME TAX & UTILITY APPEALS REVIEW BOARD FOR THE TWO (2) YEAR TERM FOR THE CITY OF TROTWOOD, OHIO Attachments: R16-91_INCOME TAX & UTILITY APPEALS BOARD APPOINTEES 2 YR TERM C. R16-93 A RESOLUTION BY TROTWOOD CITY COUNCIL APPOINTING DAVID E. YOUNG AS DEPUTY CLERK OF COUNCIL FOR THE CITY OF TROTWOOD, OHIO Attachments: R16-93_ Resolution Appointing Deputy Clerk of Council (00841155xA06A8) XI. Old & New Business a. Mayor: To schedule an appointment with the Mayor, contact Sandy Riege Fuller, Clerk of Council at 937/854-7212 between the hours of 8 am - 5 p.m. b. City Manager: Reminder to visit the City of Trotwood web site at www.trotwood.org for updated information and events in our city. Go to "Notify Me" icon to sign up to receive information by utilitizing your email address or mobile phone. c. Council Members d. Staff Reports A. 16-75 Public Meeting Invitation Wetland Mitigation for the City of Trotwood Attachments: WETLAND MITIGATION AND THE CITY OF TROTWOOD XII. Motion to Adjourn City of Trotwood Page 6 Printed on 10/4/2016

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