City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Tuesday, December 28, 2021 5:30 PM Special Meeting 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 - Final December 28, 2021 I. Call to Order Mayor McDonald called the meeting to order at 5:30 p.m. II. Pledge of Allegiance Mayor McDonald led the Pledge of Allegiance. III. Roll Call Assistant Sarah Eaton 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: City Manger Quincy Pope, Assistant Sarah Eaton, Law Director Steve McHugh, Deputy City Manager Stephanie Kellum, Finance Director Chris Peeples, TCIC Executive Director Chad Downing, and Police Chief Erik Wilson. Visitors Present: Ernest Curry, Winfield Scott Gibson, and Herb Jagels. IV. Approve the Agenda Mayor McDonald requested a Motion to approve the Agenda. A Motion was made by Councilmember Gales, seconded by Vice Mayor Brown, and 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 V. Open Public Hearings To comment during the Public Hearing, please fill out a Speaker Form and return it to the Clerk of Council BEFORE the start of the meeting. When instructed, please stand to be sworn in by the Mayor. When the Mayor calls the Ordinance, you will be asked to step to the microphone, state your name and address, and proceed with your comments. You will have three (3) minutes to speak on the subject of the legislation. Mayor McDonald requested a Motion to open the Public Hearings. A Motion was made by Vice Mayor Brown, seconded by Councilmember Gales, and 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 1 City Council Meeting Minutes - Final December 28, 2021 VI. Ordinances City of Trotwood Page 2 City Council Meeting Minutes - Final December 28, 2021 OR46-21 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY AND THE CLASSIFICATION OF APPROXIMATELY 18.26 ACRES OF VACANT LAND LOCATED AT 1000 SHILOH SPRINGS ROAD, PARCEL NO. H33 02112 0178, FROM BUSINESS PARK (B-P) TO RESIDENTIAL MULTI-FAMILY HIGH DENSITY (RMF-H) FOR THE PURPOSE OF BUILDING A MULTI-FAMILY RESIDENTIAL DEVELOPMENT AND DECLARING AN EMERGENCY. Attachments: OR46-21 OR46-21 Exhibit A OR46-21 PC Packet City Manager Pope shared that this Ordinance would amend the official zoning map in order to build a multi-family residential development on Shiloh Springs Road. The Planning Commission heard this case on December 14, 2021 and voted to recommend Council approve the zoning amendment. Director Downing reviewed the recommendation from the Planning Commission and spoke about the various positive impacts directly related to the economic development aspects that the proposed project would provide for the City, focusing on the impact and importance of good, quality, affordable housing for working persons. Further, some expressed concerns involve the question of how this type of housing might impact surrounding property values. Director Downing stated that there have been many studies and reviews that have a clear outcome stating affordable housing developments do not lower property values within immediate proximity; in fact, some studies show it increases property values and the overall quality of life in the surrounding area. Mayor McDonald administered an Oath to Winfield Scott Gibson, the Chief Executive Officer of Cubik, LLC., prior to him addressing Council. Mr. Gibson provided Council with a handout summarizing the proposed Elevate at Trotwood apartment community. He explained that this development would provide a housing solution for the entry-level workforce. Next, he reviewed the design of the project. Mr. Gibson explained that the Urban Land Institute defines workforce housing as housing that is affordable to households earning 60% to 120% of the area median income. Mr. Gibson discussed several area markets, outlining the demographic market from a slightly broader perspective, including Trotwood and the immediate surrounding area, narrowing to the specific demographic of the City of Trotwood. Mayor McDonald called on Mr. Ernest Curry for public comment. Mr. Curry expressed a question that was not simply limited to this project, but projects of this nature. He would like to know what Council's considerations are and what guidelines they follow when evaluating affordable housing projects, based on the desire of the residents. Mr. Curry pointed out that the overwhelming public opinion is that Trotwood needs more businesses, a grocery store, and retail, and that companies have overlooked the City of Trotwood because the area's City of Trotwood Page 3 City Council Meeting Minutes - Final December 28, 2021 median household income has been below the threshold that industries like for these types of investments. Director Downing pointed out that businesses are also concerned with cost-burdened residents. Residents who pay 30% to 50% of their income in rent are classified as being cost-burdened, which leaves residents with a smaller amount of disposable income. The job market in the Trotwood area is seeing pay scales from $15 to $25 per hour and these are the workers who would benefit from new, affordable workforce housing such as this project. Mr. Gibson stated that based on HUD data, he is allowed to go up to 80% of the area's median income, equating to an income of $60,600 per year. Councilmember Finley questioned why Mr. Gibson is applying for low-income housing tax credits if this is not a low-income housing project. Mr. Gibson explained that the funding he's seeking from HUD is not the traditional low-income housing funding, but rather a 4% bond that provides more flexibility, allowing them to focus on 60% of the area median income part. Further, obtaining tax credits is a competitive process and are finite, and the flexibility of being able to average 60% of the area median income is the only way the math works. Councilmember Finley asked how many units must be set aside in order to maintain the tax credits he is seeking. Mr. Gibson shared that the Land Use Restriction Agreement requires him to average 60% of the median income. So even though he could accept vouchers, he must average 60%. Due to Fair Housing Standards, he cannot refuse vouchers. Mayor McDonald reiterated that the City would not and cannot discriminate against those who use vouchers either. Councilmember Finley asked where else in Ohio Mr. Gibson has developed this type of product. Mr. Gibson shared his team has done historic, multi-family, and LIHTC; however, this team has been mostly market rate and this is their first workforce project. Councilmember Kelley stated that he has a long history of working with low-income housing and the challenges of this type of development. Mr. Gibson again tried to explain that this is not low-income, but entry-level workforce housing; this project is not Section 8 housing. Mr. Gibson reiterated that he would never discriminate against people who have vouchers, but this project is not dependent on the traditional low-income housing voucher program. Councilmember Kelly shared that he does not believe the public has been engaged in this project and a survey needs to be completed by the residents; that the most important people have been left out of the decision-making process. Councilmember Page asked what the total occupancy would be if all units were filled. Mr. Gibson shared that at 100% occupancy, there would be approximately 312-318 people. Councilmember Page then inquired about others who would need to review the project, like the City engineer, and things like a traffic study. Mr. Gibson shared that the final traffic study will be back next month; the preliminary report was acceptable and commented the roads were set up to service a City of Trotwood Page 4 City Council Meeting Minutes - Final December 28, 2021 tremendous amount of vehicles due to the old Hara Arena facility. Mr. Gibson stated that all feedback received thus far has been positive. Councilmember Vaughn commented that he has concerns for the call load of first responders. Mr. Gibson reiterated that this is a workforce development, not a low-income project. Councilmember Finley asked for clarification on the plans that have been completed and that Council has not viewed any of the plans, which makes it difficult to consider this matter. Mr. Gibson shared that he has not yet put together the construction documents to apply for permits. Councilmember Finley also shared her concerns with the hourly rate, in conjunction with the rental rates, and expressed her concern that this project does not support the City's strategic plan because it does not look to increase the City's median income levels. Councilmember Finley asked about removing the low-income tax credit from the site development plan and making it market rate. Mr. Gibson explained that without the 4% bond, the project is not sustainable and further, asked Councilmember Finley what strategic path she envisions would help the City increase the median income. Councilmember Finley reiterated market rate developments align with the City's strategic plan. Mr. Gibson explained there are two separate solutions to address the housing issue in Trotwood. This project is to backfill the 1,100 doors for the workforce; it is a foundational project to solve an immediate need. In addition, he has had discussions with Executive Director Downing and Director McDonnell on building something on Main Street with a market rate as they want to invest in the future of Trotwood. Councilmember Kelley asked again about conducting a survey as he is thinking about the rest of the community and what they want. Mr. Gibson shared that he is happy to do a survey above and beyond the already required public hearing notification to those owning property within 300 feet. Mayor McDonald explained that she frequently hears from individuals who want to come back to the City of Trotwood but can't because the only housing available is too expensive. She further shared that the City should be able to service individuals that currently work in the City and would like to live here also and that would be a significant number of people moving into the community. Mayor McDonald asked Mr. Gibson to review the current market rate for rent and the rent for this project. Mr. Gibson shared that Trotwood's current fair market rent is $680 for a one-bedroom, $872 for a two-bedroom, and $1,164 for a three-bedroom. The rental rates for the proposed project includes a one-bedroom for $750, $890 for a two-bedroom, and $1,020 for a three-bedroom. Councilmember Kelley shared that a lot of projects start off as a positive development; however, he has seen a lot of them fail after five or ten years and that is a big concern for him. Councilmember Gales was curious to know if this would put Trotwood at the forefront for this type of development or if the City is behind nationally. Mr. City of Trotwood Page 5 City Council Meeting Minutes - Final December 28, 2021 Gibson shared that affordable workforce housing has not been addressed over the last 10 years; the majority of the focus has been on high-end luxury housing or the lowest income. Mr. Gibson reviewed some of the amenities associated with this project and explained that he used the same design for this project as he uses for their market rate projects. City Manager Pope shared that he researched the salaries of employees working at places like Chewy, Croc, Green Tokai, Fuyao, and Proctor and Gamble. Further, he looked at the diversity of the employment fields in the City of Trotwood - Healthcare (Friendship Village, Maria Joseph, Shiloh Care Center), technology, advanced manufacturing, and education. He concluded that these are the people who would be living in workforce housing. He also found that entry-level Police Officers and Firefighters for the City would fall into the income range for such housing developments. He shared that the City is in line with their Strategic Plan and to remember that it is a long-term plan to bring high paying jobs, which takes time; it took decades for the City to get into its current status, then there was the 2019 tornado. City Manager Pope believes this project helps to make sure there is not just proper housing, like the new homes being build, but affordable housing for those working. Lastly, he reiterated that the Strategic Plan is a multpronged plan and if affordable housing to appeal to the workforce is not an answer, he is not exactly sure what direction to go. Councilmember Finley shared that she would like to table the matter until the requested survey has been completed, and she believes in taking a strategic approach to ensure the perception and the expectation is meet and in the best interest of community. She further shared that she likes what has been done, although she would like to see it at market rate, and then made a Motion to table the issue. Mayor McDonald asked for clarification on what Councilmember Finley means by market rates. Councilwoman Finley explained that she would like to see the project completed with no tax credits. Executive Director Downing shared with Council that there are several other tax credit projects within the City of Trotwood; Shiloh Villas, Orchards at Shiloh, and Wingate Belle Meadows; further, Shiloh Villas and Orchards at Shiloh have two-year waiting lists. Mr. Gibson addressed the fact that this zoning change request has been rushed because the current site is part of an approved Census tract that qualifies the project for millions of dollars, but that the funds go away at the end of this year. Without the additional Census tract funding, this project is no longer feasible and sustainable long term; technically, the deadline is January 5, 2022. City Manager Pope asked Law Director McHugh to clarify that this vote is simply to approve the zoning amendment, not the project. Law Director McHugh advised this vote is only for the zoning amendment. While the Planning Commission considered and approved both the zoning amendment and the preliminary site plan, Council is only considering the zoning amendment per the legislation as the site plan does come before Council. Councilmember Page had the understanding that this vote is for both the City of Trotwood Page 6 City Council Meeting Minutes - Final December 28, 2021 zoning amending and the site plan. Law Director McHugh clarified Council is only voting on the zoning amendment. Councilmember Kelley asked if Council approves the zoning amendment tonight, when would they receive the results of the survey he is requesting. Mr. Gibson stated he could complete the survey one week after he receives the list of who to survey. Mayor McDonald advised that Executive Director Downing could help with the survey. Councilmember Page wanted clarification from Law Director McHugh that this vote is only for the zoning amendment, which is necessary in order to place Mr. Gibson's project on Shiloh Springs; and, that the project was already voted on by the Planning Commission so once Council votes on the zoning the project can begin. Law Director McHugh explained that is not correct. The Planning Commission heard the details of the project at the same meeting as the zoning amendment request. While the Planning Commission approved the preliminary site plan, which only goes into effect if the zoning allows for such a project, the developer has to go back to the Planning Commission for approval of the final site plan - engineering, drainage, traffic, etc., and the final plan has to be designed with the same concept as the preliminary site plan. Councilmember Finley reminded Mayor McDonald that she has a Motion to Table on the floor. Councilmember Finley asked why the zoning amendment and this specific project are tied together for Council's presentation and that another developer could build a project at the same location so long as it conforms with the zoning district. Law Director McHugh explained that it is not unusual to present a zoning amendment and preliminary site plan together to the Planning Commission; however, he is unsure why Director McDonnell presented them together to Council. Mayor McDonald reminded Council that the deadline of the end of the year is why Council was asked to be seated. Councilmember Finley does not feel she has all the answers she needs to make a decision on this matter and reiterated she has a Motion to Table the issue on the floor. Councilmember Page seconded the Motion, and the Motion FAILED by the following vote: Councilmember Finley - Yes Councilmember Page - Yes Councilmember Kelley - Yes Councilmember Gales - No Councilmember Vaughn - No Vice Mayor Brown - No Mayor McDonald - No Mayor McDonald requested a Motion to approve OR46-21 as an Emergency. A Motion was made by Councilmember Finley, seconded by Councilmember Page. The Motion FAILED by the following vote: Aye: 4- Mayor McDonald, Councilmember Vaughn, Councilmember Gales and Vice Mayor Brown City of Trotwood Page 7 City Council Meeting Minutes - Final December 28, 2021 Nay: 3- Councilmember Finley, Councilmember Kelley Jr. and Councilmember Page Mayor McDonald asked Law Director McHugh if there was an opportunity for another Motion. Law Director McHugh explained that a member voting on the prevailing side could make a Motion to Reconsider. No member made such Motion. VII. Close Public Hearings Mayor McDonald requested a Motion to close the Public Hearings. A Motion was made by Councilmember Gales, seconded by Councilmember Finley, and 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 VIII. Resolutions City of Trotwood Page 8 City Council Meeting Minutes - Final December 28, 2021 R21-64 A RESOLUTION BY THE TROTWOOD CITY COUNCIL REPEALING RESOLUTION NO. R21-62. Attachments: R21-64 City Manager Pope explained that while Council approved this Resolution on December 3, 2021, the developer found a line in the Agreement that needed further clarification. Executive Director Downing explained that the issue is not substantial nor does it impact the project; however, all parties wanted to be sure the Agreement was clear before filing it with the State. The Agreement includes a statement about services to be provided that are standard for assisted living projects, but not standard in this type of development - the services are a geriatric nurse and on-site 24/7 home care. Councilmember Finley requested that language stating no one under the age of 55 be permitted to reside in the facility. The developer, Pete Schwiegeraht, explained that while this project does have an age restriction, there is a very rare instance that when a grandparent is the legal guardian of their grandchild, the grandchild is allowed to reside with the grandparent until the age of 18, at which time they are then required to leave the property. Further, Mr. Schwiegeraht advised that he has never incurred such circumstance in their portfolio and while all adults have to be 55 or older, they will follow fair housing standards should this rare circumstance occur. Mr. Schwiegeraht clarified that the facility will provide senior care and services, in-home meals, transportation, light housekeeping, and programs and activities. He also reminded Council that this is considered to be independent living and the goal is to keep seniors out of assisted living or a skilled nursing facility. Councilmember Finley asked if the two employees on-site will be employed part-time. Mr. Schwiegeraht clarified that during the lease-up time, the Manager will be full-time, but once they are stabilized, the position will be part-time, approximately 30 hours a week. The service technician position will be part-time, working 25-30 hours per week; however, they will be on call 24/7. Mayor McDonald requested a Motion to approve R21-64. A Motion was made by Councilmember Vaughn, seconded by Vice Mayor Brown, and the Motion CARRIED by the following vote: Aye: 5- Mayor McDonald, Councilmember Vaughn, Councilmember Kelley Jr., Councilmember Gales and Vice Mayor Brown Nay: 2- Councilmember Finley and Councilmember Page City of Trotwood Page 9 City Council Meeting Minutes - Final December 28, 2021 R21-65 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A COMMUNITY REINVESTMENT AREA (“CRA”) ABATEMENT AGREEMENT WITH TROTWOOD SENIOR LOFTS, LLC FOR A SEVENTY-FIVE PERCENT (75%) REAL PROPERTY TAX ABATEMENT FOR A PERIOD OF FIFTEEN (15) YEARS. Attachments: R21-65 R21-65 Exhibit A Executive Director Downing reiterated that this is the same agreement Council previously approved, with the clarification discussed under R21-64. Councilmember Vaughn shared that he is typically opposed to these types of agreements because sometimes they leave after the abatement period expires. However, he does not suspect that will happen with this project. Mayor McDonald requested a Motion to approve R21-65. A Motion was made by Vice Mayor Brown, seconded by Councilmember Finley, and the Motion CARRIED by the following vote: Aye: 5- Mayor McDonald, Councilmember Vaughn, Councilmember Kelley Jr., Councilmember Gales and Vice Mayor Brown Nay: 2- Councilmember Finley and Councilmember Page IX. Adjourn Mayor McDonald requested a Motion to adjourn the meeting. Councilmember Gales made a Motion, seconded by Councilmember Kelley, and the meeting was adjourned at 7:25 p.m. City of Trotwood Page 10