City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes Monday, December 2, 2019 6:30 PM Trotwood Community & Cultural Arts Center 4000 Lake Center Drive, Trotwood, Ohio 45426 City Council Mayor Mary A. McDonald Vice Mayor Bettye L. Gales Council Member Charles Ron Vaughn Council Member Rhonda C. Finley Council Member Robert L. Kelley, Jr. Council Member Tyna R. Brown Council Member Yvette Page Sandy Riege Fuller, Deputy Clerk of Council City Council Meeting Minutes December 2, 2019 I. Call to Order: Mayor Mary A. McDonald Mayor McDonald called the meeting to order at 6;00 pm. II. Invocation Elder Belinda Mitchell III. Pledge of Allegiance IV. Roll Call: Clerk of Council Present: 7 - Mayor Mary A. McDonald, Vice Mayor Bettye L. Gales, Councilmember Charles Ron Vaughn, Councilmember Rhonda C. Finley, Councilmember Robert L. Kelley Jr., Councilmember Tyna R. Brown and Councilmember Yvette Page Staff Members present: City Manager Quincy E. Pope, Sr., Deputy City Manager Stephanie Kellum, Finance Director Chris Peeples, Fire Chief Rick Haacke, Law Director Steve McHugh, Police Chief Erik Wilson, Planning & Development Director Jung-Han Chen, Public Works Operations Manager Johnny McCluskey, TCIC Fred Burkhardt & Chad Downing, Parks & Recreation Program Coordinator Ciara Lewis, and Deputy Clerk of Council Sandy Riege Fuller. Visitors: Kathy Walker, Steve Champion, Jessie & Cozy Smith, Duane Plessinger, Martha Ervia, Pamela Thomas, Martha Clark, Janet Foote, Tom Grady, Sean Freeman, Angela Battle, Wanda Lander, Waldo Littlejohn, Michael Ecton, Denise Moore, Raymond Bradley, Elder Belinda Mitchell, Cheryl Smith, Barbara Higgins, Dawn Wojick, Octavia Clay, and John Fecke. V. Motion to Approve the Agenda Mayor McDonald asked for a motion. A motion was made by Vice Mayor Gales and second by Ms. Brown. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page VI. VISITORS AND COMMUNICATIONS: To comment on any topic NOT 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 City of Trotwood Page 1 City Council Meeting Minutes December 2, 2019 VIII. Motion to Approve the Consent Agenda Mayor McDonald asked for a motion. A motion was made by Mr. Vaughn to approve and second by Ms. Finley. Roll Call; Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page SR19-50 Approval of Meeting Minutes for Feb, 18, April 1 & 15, June 3, July 1, Aug. 15, Sept 3, Nov. 4, 2019 Attachments: MeetingMinutes February 18, 2019 MeetingMinutes April 1, 2019 MeetingMinutes April 15, 2019 June 3, 2019 Reg. Mtg. Minutes Meeting Minutes July 1, 2019 MeetingMinutes August 15, 2019 Meeting Minutes September 3, 2019 MeetingMinutes Nov. 4, 2019 19-13 A Motion for the Law Director to prepare the necessary Ordinance legislation accepting the recommendation by the Trotwood Planning Commission for Zoning Code text amendment for Parcels ID H33 02309 0009, approximately 13 acres at 7967 West Third Street from G-B (General Business) District to L-I (Light Industrial) District, Nathan Patterson Owner/Applicant - Korrect Plumbing) 19-14 A Motion for the Law Director to draft an amendment to the Ohio Fire Code (OFC) in its current edition, as adopted by State of the Ohio Division of State Fire Marshall, Department of Commerce, at its effective date as published in Division 1301:7 of the Ohio Administrative Code (OAC); and Section (7) Civil Penalties to be paid to the Municipal Chief Fiscal Officer for deposit into the Fire Revenue Fund subject to civil action in the Court of Common Pleas (ORC). 23737.51 (B) to (H). 19-19 A Motion for the Law Director to draft an amendment to Ordinance OR38-17, re-assigning certain positions to appropriate pay grades, ensuring all other non-union positions are listed and declare and emergency 19-17 A Motion for the Law Director to set a Public Hearing amending Ordinance No. OR34-18 revising certain wage scales for full time and part time, non-union employees of the City of Trotwood, Ohio and declaring an Emergency. City of Trotwood Page 2 City Council Meeting Minutes December 2, 2019 19-21 A Motion for the Law Director to draft an Ordinance to set a Public Hearing to amend the PENSION (SERPS) Language for definition of taxable and non-taxable SERPS starting in 01/01/2020 according to State of Ohio passed budget bill & House Bill 166 for 2020-21. 19-22 A Motion for the Law Director to draft an Ordinance to approve the current replacement pages to the Trotwood Codified Ordinances for 2018 & 2019 R19-134 A Resolution by the Trotwood City Council requesting an Advance of Taxes Collected for the City of Trotwood for Tax Year 2020 from the Montgomery County Auditor’s Office. Attachments: R19-134 Resolution Advance on Taxes R19-134 Advance on Taxes R19-135 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH THE LAW OFFICE OF THE MONTGOMERY COUNTY PUBLIC DEFENDER TO PROVIDE LEGAL COUNSEL TO INDIGENT PERSONS CHARGED WITH VIOLATIONS OF MUNICIPAL ORDINANCES FOR THE YEAR 2020, UNDER CERTAIN TERMS AND CONDITIONS. Attachments: R19-135 Public Defender Agrmt 2020 R19-135___Indigent Persons Service Agreement 2020 R19-137 A RESOLUTION BY THE Trotwood city council AUTHORIZING THE EXPENDITURES TO the city of trotwood funds for the Census 2020 kick-off meeting to serve the public purpose of community relations for expenditures not to exceed $40.00. Attachments: R19-136 Res_2020Census 19-18 A Motion For The Law Director To Prepare The Necessary Legislation To Set A Public Hearing For 5385 Salem Bend Drive, Parcel ID# H33 00724 0008, (city owned) to donate to C.I.C. Attachments: Target Site- H33 00724 0008 Motion to Open the Public Hearing IX. Public Hearings/Ordinances Mayor McDonald asked for a motion. A motion was made by Ms. Brown and second by Ms. Finley. Roll Call: City of Trotwood Page 3 City Council Meeting Minutes December 2, 2019 Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page OR34-19 AN ORDINANCE BY TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION OF THE TROTWOOD PLANNING COMMISSION FOR A ZONING CODE TEXT AMENDMENT FOR CHAPTER 1189 “SUPPLEMENTAL REGULATIONS” TO ADD REGULATIONS FOR WIND TURBINES AND SOLAR PANELS AS ALTERNATIVE ENERGY SOURCES IN THE CITY OF TROTWOOD, OHIO Attachments: OR34-19__Ordinance re supplementary regulations relating to solar panels and wind turbines in the City of Trotwood (01060349xA06A8) City Manager Pope exlained this is an text amendment to the zoning code adding regulations for those residential properties to have solar panels & wind turbines within the city. Mayor McDonald asked for a motion. A motion was made by Ms. Finley to approve and it was second by Ms. Brown. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page OR35-19 AN ORDINANCE BY TROTWOOD CITY COUNCIL REPEALING OLD SECTION 1123.02 “DEFINITIONS” AND APPENDIX B “SCHEDULE OF PERMITTED AND CONDITIONAL USES BY DISTRICT” OF THE TROTWOOD ZONING CODE AND ENACTING A NEW SECTION 1123.02 “DEFINITIONS” AND A NEW APPENDIX B “SCHEDULE OF PERMITTED AND CONDITIONAL USES BY DISTRICT” TO INCLUDE ADULT DAYCARE FACILITIES Attachments: OR35-19__Ordinance Repealing and Adopting New Section 1123.02 (to add definition of adult day care facility) (01060163-2xA06A8) City Manager Pope said the city has received a number of requests to set up Adult Daycare's. The definition has been amended to reflect an adjustment for future use. Mayor McDonald requested a motion. A motion was made by Ms. Finley to approve and second by Ms. Page. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page City of Trotwood Page 4 City Council Meeting Minutes December 2, 2019 OR29-19 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE TROTWOOD PLANNING COMMISSION’S RECOMMEND TO AMEND THE OFFICIAL ZONING MAP FOR A PARCEL, ID # H33 00104 0008 ON MCGREGOR DRIVE FROM RSF-M (RESIDENTIAL SINGLE FAMILY- MEDIUM DENSITY) DISTRICT TO G-B (GENERAL BUSINESS) DISTRICT FOR APPLICANT CITY OF TROTWOOD, OH Attachments: OR29-19 Ordinance Authorizing Amendment of Zoning Map for McGregor Drive (Parcel ID H33 00104 0008) (01060481xA06A8) Transferring City owned properties to TCIC.pdf Mr. Chen stated, this empty lot will be a part of the upcoming County Municipal Court project and will be used to secure parking for the court employees, therefore, an amendment is needed to the zoning map. Mayor McDonald asked for a motion. A motion was made by Ms. Brown to approve and second by Ms. Page. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page OR33-19 AN ORDINANCE TRANSFERRING OWNERSHIP OF THE PROPERTIES LOCATED AT 1257 GUENTHER ROAD (PARCEL ID H33 01201 0030), 103 E. MAIN STREET (PARCEL ID H33 00303 0048), 3779 MARLIN AVENUE (PARCEL ID H33301009 0070) AND 4646 MARLIN AVENUE (PARCEL ID H33301009 0016) IN TROTWOOD, OHIO FROM THE CITY OF TROTWOOD TO THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION AND DECLARING THE PROPERTIES SURPLUS Attachments: OR33-19___Ordinance Transferring Guenther Main St and Marlin Avenue Properties) to Trotwood CIC (01060477xA06A8) Mr. Downing stated, the city received titles to these properties from the county land bank last year. With this legislation it will allow for the Trotwood Community Improvement Corporation TCIC to market and sell to potential end users. Mayor McDonald asked for a motion. A motion was made by Mr. Vaughn to approve and second by Ms. Brown. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page City of Trotwood Page 5 City Council Meeting Minutes December 2, 2019 OR36-19 AN ORDIANCE BY THE TROTWOOD CITY COUNCIL ESTABLISHING FOR CURRENT EXPENSES AND EXPENDITURES OF THE CITY OF TROTWOOD, STATE OF OHIO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2020 AND THROUGH DECEMBER 31, 2020 AND DECLARE AN EMERGENCY Attachments: OR36-19 RES. 2020 Budget Appropriations OR36-19 Appropriations for 2020 Finance Director said the city held budget hearings two weeks ago and this legislation is a summary of the budget according to the discussions from that hearing. The budget is balanced for the year 2020. All funds totaling approximately 22 million. Mayor McDonald asked for a motion. A motion was made by Ms. Brown to approve and second by Vice-Mayor Gales. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page OR37-19 AN ORDINANCE AMENDING ORDINANCE NO. OR38-17 RE-ASSIGNING VARIOUS POSITIONS TO AN APPROPRIATE PAY GRADE AND ENSURING ALL OTHER NON-UNION POSITIONS ARE LISTED IN THE ORDINANCE AS NEEDED TO FULFILL OPERATIONAL FUNCTIONS AS AN EMERGENCY Attachments: OR37-19 Pay Grade Non-Union Deputy City Manager Kellum stated, this legislation will amend changes to the directors positions to be equitable and reclassified to the same grade. Another addition will be to the Human Resource line item for a clerical position/administrative assistant. Mayor McDonald asked for a motion. A motion was made by Ms. Finley to approve and second by Ms. Brown. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page OR38-19 AN ORDINANCE AMENDING ORDINANCE NO. 34-18 REVISING CERTAIN WAGE SCALES FOR FULL TIME AND PART TIME, NON-UNION EMPLOYEES OF THE CITY OF TROTWOOD, OHIO AND DECLARING AN EMERGENCY. Attachments: OR38-19 Reassigning Position&Pay Grades City Manager Pope stated, this revision to the wage scale is for the cost of living adjustment for all non-union employees for the year 2020 as discussed in the budget. Mayor McDonald asked for a motion. A motion was made by Vice-Mayor Gales to approve and second by Mr. Kelley. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page City of Trotwood Page 6 City Council Meeting Minutes December 2, 2019 X. Motion to Close Public Hearing Mayor McDonald asked for a motion to close the public hearing. A motion was made by Ms. Finlery and second by Ms. Vaughn to approve. Roll Call: XI. Resolutions R19-138 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE TWO CHANGE ORDERS FOR THE OLIVE ROAD WATERLINE REPLACEMENT PHASE 1 PROJECT, WHICH CHANGE ORDERS INCREASE THE TOTAL COST OF THIS PROJECT BY $63,317.34 (FOR A TOTAL PROJECT COST OF $629,062.34) AND FURTHER AUTHORIZING AN ADDITIONAL CONTRACT CONTINGENCY OF $25,000.00 TO COVER ANY ADDITIONAL UNANTICIPATED COSTS. Attachments: R19-138____Resolution re. Change Orders re Olive Road Waterline Replacement Phase 1 Project (01061131-2xA06A8).02 R19-138 Change Order #2 Olive Rd Waterline Deputy City Manager Kellum and Public Works Operations Manager McCluskey reported there's been many watermain breaks with the Olive Road ductile waterline over the years starting from north in Oak View Estates to south Main Street. Repairs have been completed by the contractor to the 12 inch line. Some of the old water pipe will remain and has been capped due to the fact its too costly to dig it up, therefore, the need for the change orders for some of the unanticipated costs. Mayor McDonald asked for a motion. A motion was made by Ms. Brown to approve and second by Ms. Finley. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page City of Trotwood Page 7 City Council Meeting Minutes December 2, 2019 R19-133 A RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL INSPECTION CORPORATION (NIC)TO PERFORM PROPERTY MAINTENANCE INSPECTION SERVICES, Attachments: R19-133__Resolution re. Property Maintenance Services Agreement with NIC (with Exhibit A attached) (01061754xA06A8) NIC proposal.pdf Planning & Development Director Chen stated, the code enforcement & zoning complaints have increased and we need to become more proactive in our compliance. The current staff structure we have now is with 1 full time and 1 part time employee. National Inspection Company NIC can achieve the extra help we need to assist our administrative staff. The company will answer all the complaints and respond promptly. We need to be more proactive instead of reactive. As in the past, we've used NIC before and part of their services includes monthly reports and representing the cases in court if necessary. With the future demolition, fire related burns and blight on properties they will be a big help to our staff. Mayor McDonald asked for a motion. A motion was made by Vice-Mayor Gales to approve and second by Ms. Finley. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page R19-139 RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION (ODOT) FOR THE RENEWAL OF THE MUNICIPAL BRIDGE INSPECTION PROGRAM, PID NO. 109334. Attachments: R19-139 RES___FINAL BRIDGE AGREEMENT THREE YRS City Manager Pope stated, this agreement it give consent to the Director of the Local Public Agency consent for the State to assume and bear 100% of the cost for our bridge inspection program which are not included in exhibit A. Some of the features may included, but not limited to, the purchasing and erecting the weight limits, posting signs, implementation of critical findings reports and partial or total bridge closures, and the implementation of our plan of action. Starting in October 2019 the FHWA requires installing weight limit signs within 30 days from the date of approved recommendations. Mayor McDonald asked for a motion. A motion was made by Mr. Vaughn to approve and second by Ms. Finley. Roll Call: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page XII. Old & New Business City of Trotwood Page 8 City Council Meeting Minutes December 2, 2019 a. Mayor: To schedule an appointment with the Mayor, contact Clerk of Council 937.854.7212 between the hours of 8 am - 5 p.m. ANNOUNCEMENTS: 1) City Tree Lighting ceremony, Saturday, December 7th from 4-5 pm at 3035 Olive Road; 2) Strategic Plan Summit with Future IQ, December 14th from 10-11:30 am at Trotwood Community & Cultural Arts Center, 4000 Lake Center Drive; 3) Outdoor Holiday Light Contest Deadline on Friday, December 20th at 5pm for submittals; 4) City Government Office Closed on Wednesday, December 25th for Christmas Holiday. b. Council Members Mayor McDonald - The Mayoral election recount is this week. No matter the outcome, one of her goals if chosen as Mayor, is to reach out to cities to work together and others in Montgomery County. Mr. Kelley - Is glad the election process is over. Ms. Finley - Evans Arena Grand Opening is this week. Korrect Plumbing is expanding their business by 10,000 ft. Mr. Page - Council will work together as a unit. Ms. Brown - Citizens leading as one unit is important to us to work on behalf of the citizens and community. Mr. Vaughn - Would like to look at models on how we can address our code of conduct. Vice Mayor Gales -We are not a divided city and wants us all to work together. c. 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 utilizing your email address or mobile phone. Farmers are concerned about the new noxious weeds invading some of the land and parks. Metro parks will not be using chemicals to get control and said they will correct the problem. These weeds could have come from outside of our state and likely being airborne. A meeting is scheduled to discuss the former (Larch Tree) Metro Park on Snyder Road as more needs to be done. d. Staff Reports Deputy City Manager Kellum announced that the Future iQ Strategic Plan city surveys need to be turned in this week. U.S. Census Bureau's next steps are to create committees - information will be forthcoming. Job opportunities are also available for census takers. Computers for citizens to use will be available for the public to use at the TCCAC so every citizen can be counted. XIII. Motion to Adjourn Mayor Mcdonald asked for a motion to adjourn. A motion was made by Mr. kelley and second by Ms. Finley at 7:56 pm Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Councilmember Page City of Trotwood Page 9