City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes Monday, February 1, 2021 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 February 1, 2021 VISITORS AND COMMUNICATIONS: Due to COVID-19, this will be a virtual meeting. Please visit the City's website at www.trotwood.org, for details on how to view the Council Meeting. Comments may be submitted to the Clerk of Council no later than 4:00 p.m. on Monday, February 1, 2021. 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 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, Elder Belinda Mitchell, TCIC Executive Director Chad Downing, Finance Director Chris Peeples, Planning and Development Director Jung-Han Chen, Police Chief Erik Wilson, and Deputy Police Chief Mark Ecton. Guests Present: Janet Kuester V. Motion to Approve the Agenda Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Gales, to Approve the 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. Special Presentations and Recognitions City of Trotwood Page 1 City Council Meeting Minutes February 1, 2021 PR03-21 Presentation: Ohio Auditor of State Award with Distinction Presented by Mayor McDonald and Vice Mayor Brown to City Manager Quincy Pope and Finance Director Chris Peeples Attachments: PR03-21 Award PR03-21 Attachment City Manager Pope expressed that this award represents a lot of hard work and is a team award. This is the first time in the history of Trotwood that the City has had a clean audit and this distinction has been awarded. City Manager Pope is proud of the Finance Department and appreciates their dedication and hard work. Finance Director Peeples explained the audit process requires a lot of work and it is a team effort; he is proud and elated to receive this award. Mayor McDonald shared that she is extremely proud because she knows where the City was five years ago and tough decisions had to be made to turn things around. Mayor McDonald thanked Council for being diligent and standing strong in support of the City Manager in order to accomplish the necessary things to not fail and we are now reaping the benefits. Mayor McDonald, Vice Mayor Brown, and Councilmembers presented City Manager Pope and Finance Director Peeples with the Ohio Auditor of State Award with Distinction. PR04-21 Recognition: Resolution of Respect in Memory of Ralph Kuester Presented by Mayor McDonald and Vice Mayor Brown to Janet Kuester Attachments: PR04-21 Attachment Mayor McDonald and Vice Mayor Brown presented Ms. Janet Kuester with a Resolution of Respect in honor of her late husband, Mr. Ralph Kuester, for his volunteer work with the City of Trotwood and the Historical Society. Ms. Kuester shared that her and Ralph were married for 52 years and he did things the "Kuester Way" and the "Air Force Way"; that's how he lived his life and got things done. Ms. Kuester commented that they loved living in Trotwood and have lived here for around 32 years. VII. Motion to Approve the Consent Agenda Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Gales, seconded by Vice Mayor Brown, 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 City of Trotwood Page 2 City Council Meeting Minutes February 1, 2021 SR21-05 Approval of the Regular City Council Meeting Minutes from January 4, 2021. Attachments: 2021-01-04 DRAFT Meeting Minutes This Staff Report was filed. SR21-06 Approval of the Special City Council Meeting Minutes from January 26, 2021. Attachments: 2021-01-26 DRAFT Special Meeting Minutes This Staff Report was filed. 21-03 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation authorizing the City Manager to transfer ownership of the city-owned property that makes up a segment of the former rail line, to be aggregated with the Olive Road site and transferred at sale to allow for a consolidated site, to the Trotwood Community Improvement Corporation and declaring the property surplus. Attachments: 21-03 Attachment This Motion was Approved and a Public Hearing will be scheduled. VIII. Motion to Open Public Hearings Public Hearings/Ordinances Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Vaughn, seconded by Vice Mayor Brown, to Open the Public Hearings. 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 Mayor McDonald asked if there were any citizens in the audience wanting to speak on a Public Hearing, and if so, to stand. Mayor McDonald administered an Oath to those standing. City of Trotwood Page 3 City Council Meeting Minutes February 1, 2021 OR06-21 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT CHAPTER 549 “WEAPONS AND EXPLOSIVES” OF THE CITY OF TROTWOOD CODIFIED ORDINANCES AND ADOPTING NEW CHAPTER 549 “WEAPONS AND EXPLOSIVES” OF THE CITY OF TROTWOOD CODIFIED ORDINANCES. Attachments: OR06-21 OR06-21 Exhibit A City Manager Pope explained this change aligns our Ordinance with the Ohio Revised Code in regards to Weapons and Explosives. Law Director McHugh advised state legislators made changes regarding weapons; further, the Ohio Supreme Court considers weapons to be a "General" Law and therefore, the City must adhere to the Ohio Revised Code. Chief Wilson read Trotwood Codified Ordinance 549.08 and explained the change allows citizens to discharge a firearm on their property. The law does state that citizens are responsible for any incidents and will be held accountable. Councilmember Vaughn stated the law used to be dependant upon the distance to the nearest resident and he wanted to clarify it is no longer a violation unless the property, person, or animal is harmed. Chief Wilson confirmed his understanding is correct. Law Director McHugh wanted to be sure the public knows even if they don't hurt anyone, there could still be some potential issues. What this new wording allows for is if a homeowner wants to set up a range in their basement, previously that was not allowed but now it is; if someone wants to have target practice in a barn with a backstop, something like this is now allowed also. However, in the suburbs, a paper target in the backyard may be an issue regardless if someone is hit. This new law is not opening up as much as some think; if someone is irresponsible there may be some violations, such as inducing panic or some other charge. The standard now isn't "as long as I shot and don't hit anyone, a house, or anything, I can do it"; it is not that broad. Chief Wilson explained that the courts will look at the law as it is written and it may be difficult to pursue any type of charges. His interpretation of the new wording is if you fire a weapon into the ground in your backyard, as long as the bullet doesn't hit or harm anyone, you would be OK. Chief stated further the Department will find every avenue or recourse they can because he does not want people thinking it's OK to let rounds off in Trotwood. Councilmember Gales asked if this law is in relation to the Stand Your Ground law that was just passed. Chief Wilson explained the only reason we are doing this now is to be in compliance with state law. Chief Wilson expressed his opinion on the Stand Your Ground law and explained they are very complex issues. Councilmember Vaughn gave some examples asking if there would be charges relating to these types of incidents. Chief Wilson explained that there are some ordinances, such as loud noises, that may be an option for recourse, City of Trotwood Page 4 City Council Meeting Minutes February 1, 2021 but not for discharging the weapon. Councilmember Page questioned if there is any way of getting around or adjusting the new law, for instance if her grandchild is in the yard playing and gets shot accidentally. Chief Wilson explained in that scenario the shooter would be charged. Law Director McHugh confirmed this is state law and we must align our Ordinance. Mayor McDonald reiterated that we are aligning ourselves with the Ohio Revised Code and reminded Councilmembers that they can write to the state lawmakers behind this change; Law Director McHugh agreed. 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 City of Trotwood Page 5 City Council Meeting Minutes February 1, 2021 OR08-21 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO APPROVE A PRELIMINARY PLANNED UNIT DEVELOPMENT APPLICATION SUBMITTED BY APPLICANT MVAH PARTNERS, LLC (FORMERLY KNOWN AS MILLER VALENTINE DEVELOPMENT) FOR A PROPOSED PLANNED UNIT DEVELOPMENT TO BE LOCATED ON APPROXIMATELY 2.59 ACRES OF LAND KNOWN AS 702 EAST MAIN STREET, PARCEL NO. H33 00217 0003, IN A G-B (GENERAL BUSINESS) DISTRICT FOR A SENIOR INDEPENDENT LIVING COMMUNITY OF NO MORE THAN 70 UNITS. Attachments: OR08-21 OR08-21 TCO Chapter 1140 OR08-21 Staff Report City Manager Pope explained this application has been approved by the Planning Commission, then introduced TCIC Executive Director Downing. Mr. Downing commented this is a very exciting project to bring new development to Main Street. This new housing development will support Trotwood's senior community, as it requires less care for their home and is located near walkable services. MVAH needs approval on this Preliminary PUD Application so they can move forward with the financing process. Further, this project fits many categories of the City's Strategic Plan. Planning and Development Director Chen shared the site plan proposed to the Planning Commission and a rendering of the senior apartments. He also explained that future site plans will need to show a retention area and green space; those items are not on this plan as the current approval is being requested for funding purposes. Mr. Pete Schwiegeraht with MVAH introduced himself and thanked Council for their time. He shared their company has been developing properties for over 20 years; they manage all their own properties and they look forward to being a member of the Trotwood community. Mr. Schwiegeraht shared that they conducted a market study, which indicated there are 1,500 - 1,800 households in Trotwood that meet the senior definition; however, there are only about 100 units available in the market and currently 100% of those are leased. He also shared that the next site plan will include the retention area and other amenities; this site plan is simply for the concept. Vice Mayor Brown asked about the price points of the units. Mr. Schweigeraht shared they want to deliver affordable senior independent living units; the age restriction is 55 plus for all residents. There is no assisted or skilled nursing units or memory care, which helps keep the cost low. He estimates one bedroom units will cost approximately $650-$750 per month; two bedroom units will cost approximately $725-$825 per month. There is also the possibility of receiving better rates due to income. Councilmember Vaughn questioned what type of security there will be. Mr. Schweigeraht explained that the main building has three controlled access City of Trotwood Page 6 City Council Meeting Minutes February 1, 2021 points and residents will have electronic fobs. All entrances will have security cameras and proper lighting; there will be a call center in the vestibule so visitors can be in a dry environment, then let inside. The cottages will have direct access and likely have garages. The parking lots will be well lit. Mr. Schweigeraht shared that they are a for-profit developer and will be paying taxes and, they plan to partner with not-for-profit organizations for programming and services to act as a service coordinator. There will be onsite management offices and a community center, fitness center, business center, and theater area for the residents. Councilmember Page questioned how high the building will be and if there will be elevators. Mr. Schweigeraht explained the building will be four stories high with elevators. It will be 100% accessible with no step entries. They plan to install double the required ADA units since they are for seniors and there are a variety of options; things like a bathtub, roll-in showers, and walk-in showers. The goal is to offer universal designs, designs to accommodate everyone. Also, they plan to use national green building standards so the buildings will be high energy efficient, which means smaller electric bills. Mr. Schweigeraht anticipates phase one will include approximately 50 - 70 units and approximately 10-11 million dollars of real estate investment, or approximately $200,000 per unit. Another feature to know is that each unit will have its own laundry facility. The building will have a flat roof so they can install the condensers on top of the building in order to maximize the streetscape on Main Street. Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Vaughn, 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 City of Trotwood Page 7 City Council Meeting Minutes February 1, 2021 OR09-21 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL AMENDING ORDINANCE NO. OR26-20, RE-APPROPRIATIONS FOR EXPENSES AND EXPENDITURES OF THE CITY OF TROTWOOD, STATE OF OHIO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2020 THROUGH DECEMBER 31, 2020, AND DECLARING AN EMERGENCY. Attachments: OR09-21 OR09-21 Exhibit A City Manager Pope shared these are the final reappropriations for 2020. Finance Director Peeples explained that he had hoped their attempt to finalize the appropriations at the December Council meeting was accurate; however, there were a couple of invoices that came in later in the month so it is necessary to prepare a second amendment. The change from the first amendment to this Ordinance is only $13,521; $13,000 were expenses in the Finance Department. These changes must be done in order to avoid any type of citation. 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 OR10-21 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL AMENDING THE 2021 WAGE SCALES ADOPTED BY ORDINANCE NO. OR28-20 TO CORRECT AN ERROR ON SCHEDULE B OF THE 2021 WAGE SCALES, AND DECLARING AN EMERGENCY. Attachments: OR10-21 OR10-21 Exhibit A City Manager Pope advised Council there was an error on Schedule B of the 2021 Wage Scales. Deputy City Manger Kellum explained that periodically staff conduct audits to be sure the Ordinances are correctly implemented. This year a full audit was done and Payroll noticed that the wage for the Part-Time Firefighter I EMT-P was incorrect. In 2019, the rate was typed as $12.07, but should have been $12.75. However, there are no employees in this position so there is no adverse impact. Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Kelley, Jr., 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 City of Trotwood Page 8 City Council Meeting Minutes February 1, 2021 IX. Motion to Close Public Hearings Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Page, to Close the Public Hearings. 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. Motion to Open Nominations Mayor McDonald opened the floor for nominations to the Charter Review Commission. Vice Mayor Brown made a Motion, seconded by Councilmember Page, to Reconsider Council's previous decision on the number of members to be appointed to the Charter Review Commission. 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-1. Motion to Change the Number of Members Appointed to the Charter Review Commission Vice Mayor Brown made a Motion, seconded by Councilmember Gales, to change the number of members to be appointed to the Charter Review Commission from five primary members and two alternate members to seven members. 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 SR21-08 Open Nominations from Council Members for Charter Review Commission Mayor McDonald requested nominations for the Charter Review Commission. The nominations were as follows: Councilmember Page nominateed J.D. Williams; Councilmember Vaughn nominated Rev. Norman Scearce; Councilmember Kelley nominated Dawn Wojcik; Councilmember Gales nominated Karen Bryant; Councilmember Finley nominated Anita Schmaltz; Vice Mayor Brown nominated Deborah Gaston, and Mayor McDonald nominated Rap Hankins. XI. Motion to Close Nominations Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Page, to close nominations to the Charter Review Commission. 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 City of Trotwood Page 9 City Council Meeting Minutes February 1, 2021 XII. Vote on Nominations No voting was required as there were only seven nominations to fill seven seats on the Charter Review Commission. XIII. Motion Adding Members of the Charter Review Commission to Resolution No. R21-05 Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Page, to add the names of the seven (7) members appointed to the Charter Review Commission to Resolution R21-05. 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 XIV. Resolutions R21-05 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPOINTING THE 2021 CHARTER REVIEW COMMISSION FOR THE CITY OF TROTWOOD, STATE OF OHIO. Attachments: R21-05 R21-05 Attachment Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Page, to Approve this Resolution as amended to include the names of the seven (7) members appointed to the Charter Review Commission. 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 XV. Motion Appointing Chair of the Charter Review Commission Mayor McDonald requested a Motion to Table this item. A Motion was made by Councilmember Kelley, Jr., seconded by Councilmember Page, to Table this item. 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 XVI. Old & New Business 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. City of Trotwood Page 10 City Council Meeting Minutes February 1, 2021 b. City Manager: Reminder to visit the City of Trotwood's website at www.trotwood.org for updated information and events in our City. c. Clerk of Council: Announcements Clerk Landis advised there were no announcements to be made. d. Staff Reports SR21-04 Liquor Permit transfer from MAX’S SPORTS AND SPIRITS, INC. to KTS SPORTS AND SPIRITS INC., DBA Grills Tavern, First Floor and Volleyball Court, 4949 North Union Road, Trotwood, Ohio 45426 Attachments: SR21-04 Exhibit A Chief Wilson advised this is a request to transfer the liquor license regarding the property located at 4949 North Union Road, Grills Tavern. The owner remains the same, he is simply transferring the liquor license to another business in his name. Chief Wilson reported that upon review with the Planning Department and a check of police department records, there have been no significant issues concerning the property at this time; therefore, he recommends Council approve the request without comment. Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Page, seconded by Councilmember Gales, to Approve the request without comment. 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 XVII. Motion to Adjourn Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Kelley, Jr., seconded by Vice Mayor Brown, to Adjourn the meeting at 7:45 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 City of Trotwood Page 11