City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes Monday, October 5, 2020 6:30 PM Trotwood Community and Cultural Arts Center 4000 Lake Center Drive, Trotwood, Ohio 45426 City Council Mayor Mary A. McDonald Vice Mayor Tyna R. Brown Council Member Charles Ron Vaughn Council Member Rhonda C. Finley Council Member Robert L. Kelley, Jr. Council Member Yvette Page Council Member Bettye L. Gales Clerk of Council Kara B. Landis City Council Meeting Minutes October 5, 2020 VISITORS AND COMMUNICATIONS: Due to COVID-19, this will be a virtual meeting. Please visit the City's website, www.trotwood.org, for details on how to view the Council Meeting. Questions or comments may be submitted to the Clerk of Council no later than 4:00 p.m. on Monday, October 5, 2020. I. Call to Order: Mayor Mary A. McDonald Mayor McDonald called the meeting to order at 6:30 p.m. II. Invocation: Elder Belinda Mitchell Elder Belinda Mitchell gave the Invocation. III. Pledge of Allegiance Mayor McDonald led the Pledge of Allegiance. IV. Roll Call: Clerk of Council Clerk Landis took Roll Call. Present: 7 - Mayor Mary A. McDonald, Councilmember Charles Ron Vaughn, Councilmember Rhonda C. Finley, Councilmember Robert L. Kelley Jr., Councilmember Yvette Page, Councilmember Bettye L. Gales and Vice Mayor Tyna R. Brown Staff Members Present: Law Director Steve McHugh, City Manager Quincy Pope, Clerk of Council Kara Landis, Deputy City Manager Stephanie Kellum, Planning and Development Director Jung-Han Chen, and Housing Director Chad Downing. Visitors Present: Phonda Gamble, Eugene and Marion Long, Richard E. Wright II, and Richard and Kaylin Morales. V. Motion to remove Item "G" from the Consent Agenda. Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Gales, to remove Item "G" from the Consent Agenda. The Motion carried by the following vote: Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown VI. Motion to Approve the Amended Agenda Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Gales, seconded by Vice Mayor Brown, to Approve the Amended Agenda. The Motion carried by the following vote: City of Trotwood Page 1 City Council Meeting Minutes October 5, 2020 Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown VII. Motion to Approve the Consent Agenda Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Page, to Approve the Consent Agenda. The Motion carried by the following vote: Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown A. SR20-19 Approval of the Regular City Council Meeting Minutes from September 8, 2020. Attachments: 2020-09-08 DRAFT Meeting Minutes This Staff Report was read and filed. B. R20-95 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO ACCEPT THE RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE MONTGOMERY COUNTY AUDITOR. Attachments: R20-95 This Resolution was approved. C. R20-99 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PUBLIC ENTITIES POOL OF OHIO FOR THE PURPOSE OF PROVIDING INSURANCE FOR THE CONTRACT YEAR OF 2020-2021. Attachments: R20-99 R20-99 Attachment This Resolution was approved. D. 20-19 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance accepting the recommendation from the Trotwood Planning Commission to approve a preliminary Planned Unit Development on approximately 40 acres of land over three parcels, Parcel No. H33 02111 0091, part of H33 02111 0092, and H33 02111 0093, for the first phase of a recreation/sports complex with various supplementary functions. This Motion was adopted and a Public Hearing will be held on Monday, November 2, 2020 at 6:30 p.m. E. 20-20 A Motion by the Trotwood City Council to schedule a Public Hearing and City of Trotwood Page 2 City Council Meeting Minutes October 5, 2020 to authorize the Law Director to draft an Ordinance providing for the issuance and sale of bonds in an aggregate principal amount to pay the cost of the refunding of the Various Purpose Refunding Bonds, Series 2010A and 2010B, for the issuance of new monies and to approve the various agreements as necessary. This Motion was adopted and a Public Hearing will be held on Monday, November 2, 2020 at 6:30 p.m. F. 20-22 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance accepting the recommendation from the Trotwood Planning Commission to approve the Zoning Map amendment on properties that are currently zoned L-I “Light Industrial” District to “L-I-1 Light Industrial 1.” This Motion was adopted and a Public Hearing will be held on Monday, November 2, 2020 at 6:30 p.m. G. 20-23 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance to adopt an Ethics and Conduct Policy for the Trotwood City Council. This item was removed from the Agenda by a vote of 7-0 at the beginning of this meeting. VIII. Motion to Open the Public Hearing Citizens wanting to comment on the Public Hearing portion of this meeting may appear at the Trotwood Community and Cultural Arts Center, 4000 Lake Center Drive, Trotwood, Ohio, before the start of the meeting. Due to COVID-19, you will be required to wear a mask and wait in the lobby. Citizens will have three (3) minutes to speak. Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Gales, seconded by Councilmember Page, to open the Public Hearing. The motion carried by the following vote: Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown IX. Public Hearings/Ordinances A. OR14-20 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO REPEAL OLD CHAPTER 1169 “L-I INDUSTRIAL” OF THE TROTWOOD ZONING CODE AND ENACT A NEW CHAPTER 1169 “L-I-1 LIGHT INDUSTRIAL 1” AND REPEALING THE OLD “APPENDIX B SCHEDULE OF PERMITTED AND CONDITIONAL USES” AND ENACTING A NEW “APPENDIX B SCHEDULE OF PERMITTED AND CONDITIONAL USES.” City of Trotwood Page 3 City Council Meeting Minutes October 5, 2020 Attachments: OR14-20 OR14-20 Exhibit A - New Chapter 1169 L-I-1 Light Industrial 1 OR14-20 Exhibit B - Appendix B OR14-20PN OR14-20 Staff Report OR14-20 PC20-03 Application OR14-20 Case PC20-03 Materials Clerk Landis read the caption of this Ordinance. Planning and Development Director Chen explained this Ordinance is to amend Trotwood Zoning Code Chapter 1169. The City is currently divided into zoning districts with three major categories: residential, commercial, and industrial. The City has eight residential, six commercial, but only one industrial district. Having one industrial district could be problematic for the City because it could allow anything to come in. The Planning Commission recommends creating two industrial districts, Light Industrial 1 and Light Industrial 2. Appropriate uses in the Light Industrial 1 District would be smaller scale manufacturing that are clean, quiet, and free of objectionable elements. No questions were asked regarding OR14-20. Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Page, seconded by Vice Mayor Brown, to Adopt this Ordinance. The Motion carried by the following vote: Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown B. OR15-20 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO AMEND THE TROTWOOD ZONING CODE BY CREATING A NEW CHAPTER, CHAPTER 1170 “L-I-2 LIGHT INDUSTRIAL 2” AND REPEALING THE OLD “APPENDIX B SCHEDULE OF PERMITTED AND CONDITIONAL USES” AND ENACTING A NEW “APPENDIX B SCHEDULE OF PERMITTED AND CONDITIONAL USES.” Attachments: OR15-20 OR15-20 Exhibit A - New Chapter 1170 L-I-2 Light Industrial 2 OR15-20 Exhibit B - Appendix B OR15-20PN OR15-20 Staff Report OR15-20 PC20-04 Application OR15-20 Case PC20-04 Materials Clerk Landis read the caption of this Ordinance. Planning and Development Director Chen explained this Ordinance is to create Trotwood Zoning Code Chapter 1170. This recommendation is from the Trotwood Planning Commission and is a companion to OR14-20. The Light Industrial 2 District is City of Trotwood Page 4 City Council Meeting Minutes October 5, 2020 geared toward large tracts for projects like distribution centers with possible 24-hour operations. No questions were asked regarding OR15-20. Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Gales, seconded by Councilmember Page, to Adopt this Ordinance. The Motion carried by the following vote: Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown C. OR17-20 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TRANSFERRING OWNERSHIP OF THE CITY-OWNED PROPERTY LOCATED ON PROSPERITY DRIVE, SPECIFICALLY PARCEL NO. H33 00416 0031, TO THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION AND DECLARING THE PROPERTY SURPLUS. Attachments: OR17-20 OR17-20 Map OR17-20PN Clerk Landis read the caption of this Ordinance. Housing Director Downing explained that the Trotwood Community Improvement Corporation (TCIC) is discussing possible developments for this site that are in line with the City's development goals and would create new jobs within the community. No questions were asked regarding OR17-20. Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Vaughn, seconded by Vice Mayor Brown, to Adopt this Ordinance. The Motion carried by the following vote: Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown D. OR18-20 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TRANSFERRING OWNERSHIP OF THE CITY-OWNED PROPERTY LOCATED AT 100 PROSPERITY DRIVE, PARCEL NO. H33 00416 0032, TO THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION AND DECLARING THE PROPERTY SURPLUS. Attachments: OR18-20 OR18-20 Map OR18-20PN Clerk Landis read the caption of this Ordinance. Housing Director Downing explained this Ordinance is for the same purpose as OR17-20. The Trotwood Community Improvement Corporation (TCIC) is working on these parcels in tandem in order to develop the Industrial Park. No questions were asked regarding OR18-20. Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Page, to Adopt this Ordinance. City of Trotwood Page 5 City Council Meeting Minutes October 5, 2020 The Motion carried by the following vote: E. 20-21 A DECISION BY THE TROTWOOD CITY COUNCIL REVERSING THE DECISION OF THE TROTWOOD BOARD OF ZONING APPEALS IN CASE 20-07 BY A VOTE OF FIVE (5) AYES TO TWO (2) NAYS AT A SPECIAL MEETING HELD ON WEDNESDAY, OCTOBER 14, 2020, AT THE TROTWOOD COMMUNITY AND CULTURAL ARTS CENTER. Attachments: Decision PN20-21 Proof of Publication Clerk Landis read the Caption of this Appeal. Mayor McDonald advised City Council that she learned late in the day that the original applicants, Mr. and Mrs. Heintz, did not receive the appropriate notice for the Public Hearing. Mayor McDonald requested a Motion to continue this Public Hearing and for a new date to be scheduled. A motion was made by Vice Mayor Brown, seconded by Councilmember Page, that this Public Hearing be continued and rescheduled for Wednesday, October 14, 2020, at 6:00 p.m. The Motion carried by the following vote: Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown X. Resolutions A. R20-96 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MONTGOMERY COUNTY LAND REUTILIZATION CORPORATION FOR THE CITY OF TROTWOOD TO PARTICIPATE IN THE MONTGOMERY COUNTY LAND BANK’S BLIGHT ABATEMENT/DEMOLITION 2.0 PROGRAM. Attachments: R20-96 R20-96 Attachment Clerk Landis read the caption of this Resolution. City Manager Pope explained this is a 1:1 matching program and the total amount of $166,000 is sufficient for the demolition of approximately 13 properties in the City of Trotwood. No questions were asked regarding R20-96. Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Gales, seconded by Vice Mayor Brown, to Approve this Resolution. The Motion carried by the following vote: Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown B. R20-97 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN EQUIPMENT FROM THE FIRE AND RESCUE DEPARTMENT AS OBSOLETE AND/OR City of Trotwood Page 6 City Council Meeting Minutes October 5, 2020 SURPLUS AND NO LONGER NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING SAID EQUIPMENT TO BE DONATED TO THE RUSSIA COMMUNITY FIRE COMPANY. Attachments: R20-97 R20-97 Exhibit A - List R20-97 Attachment Clerk Landis read the caption of this Resolution. City Manager Pope explained that the Fire and Rescue Department has declared certain property as obsolete or surplus and no longer needed for a public purpose. The Department has agreed to donate 32 items: 11 boots, 10 coats, and 11 pants to the Russia Fire Company. No questions were asked regarding R20-97. Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Page, to Approve this Resolution. The Motion carried by the following vote: Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown C. R20-98 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO DECLARE LADDER 73, A 2010 PIERCE ARROW XT 105’ AERIAL, FROM THE TROTWOOD FIRE AND RESCUE DEPARTMENT AS OBSOLETE AND/OR SURPLUS AND NO LONGER NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BRINDLEE MOUNTAIN FIRE APPARATUS, LLC FOR THE PURCHASE OF LADDER 73 FOR A PRICE OF $278,220.00. Attachments: R20-98 R20-98 Final Agreement Clerk Landis read the caption of this Resolution. City Manager Pope explained the Trotwood Fire and Rescue Department would like to sell Ladder 73 to Brindlee Mountain Fire Apparatus LLC, at a cost of $278,220. City Council approved the purchase of a new aerial truck in May 2020. Therefore, the funds from the sale of Ladder 73 will help with the cost of the new aerial truck. No questions were presented regarding R20-98. Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Page, to Approve this Resolution. The Motion carried by the following vote: Aye: 7- Mayor McDonald, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown XI. Old & New Business City of Trotwood Page 7 City Council Meeting Minutes October 5, 2020 A. Mayor: To schedule an appointment with the Mayor, please contact the Clerk of Council at 937-854-7212, between the hours of 8 a.m. - 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 utilizing your email address or mobile phone. C. Clerk of Council: Announcements Today is the last day to register to vote. You can still register online at www.montgomery.boe.ohio.gov. Also, early in-person voting begins tomorrow, October 6. Anyone wanting to vote early in-person can go to the Board of Elections Office in the Montgomery County Administration Building located at 451 West Third Street in Dayton. Be sure to view the Montgomery County Board of Elections website for specific dates and times. D. Staff Reports XII. Motion to Adjourn Mayor McDonald requested a Motion on this item. Councilmembers were All In Favor to adjourn the meeting at 6:55 p.m. City of Trotwood Page 8