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City Council

Regular Meeting

Trotwood, OH · April 3, 2023

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City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Monday, April 3, 2023 6:30 PM Executive Session at 6:15 PM Trotwood Community and Cultural Arts Center 4000 Lake Center Drive, Trotwood, Ohio 45426 City Council Mayor Mary A. McDonald Vice Mayor Yvette F. Page Council Member Bettye L. Gales Council Member Charles Ron Vaughn Council Member Tyna R. Brown Council Member Rhonda C. Finley Council Member Robert L. Kelley, Jr. Clerk of Council Kara B. Landis City Council Meeting Minutes - Final April 3, 2023 I. Call to Order Mayor McDonald called the meeting to order at 6:15 p.m. II. Invocation Elder Mitchell gave the Invocation. III. Pledge of Allegiance Mayor McDonald led the Pledge of Allegiance. IV. Roll Call Clerk Landis took Roll Call. Present: 7 - Mayor Mary A. McDonald, Councilmember Rhonda C. Finley, Councilmember Robert L. Kelley Jr., Councilmember Bettye L. Gales, Councilmember Tyna R. Brown, Councilmember Charles Ron Vaughn and Vice Mayor Yvette Page STAFF MEMBERS PRESENT: Deputy City Manager Stephanie Kellum, Clerk of Council Kara Landis, Law Director Chris Conard, Finance Director Chris Peeples, Assistant Finance Director Julie Kilbarger, Fire Chief Richard Haacke, Deputy Fire Chief Chad McInturff, Police Chief Erik Wilson, Deputy Police Chief Mark Ecton, Planning and Development Director Debbie McDonnell, Operations Supervisor Johnny McCluskey, TCIC Executive Director Chad Downing, Income Tax Supervisor Sue Bowman, and Human Resources Generalist Portia Hill. VISITORS PRESENT: Sister Joan DeChristopher, Sister Martha Bertke, Sister Mary Garke, K. Merchant-Parrish, K. Walker, Sonja Cherry, JoAnne Orihood, Wanda Page, Gloria Cooper, Maria Brooks, Olivia Hester, Draya Jordan, Ellen Kelley, and Janice Chinn. V. Approve the Agenda Mayor McDonald requested a Motion to approve the Agenda. A Motion was made by Vice Mayor Page, seconded by Councilmember Brown, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page City of Trotwood Page 1 City Council Meeting Minutes - Final April 3, 2023 VI. Enter Executive Session SR23-11 The Trotwood City Council will move into Executive Session pursuant to Section 121.22(G)(1) of the Ohio Revised Code for the purpose of discussing a personnel matter, specifically the continued employment of a public employee. Mayor McDonald requested a Motion to enter into Executive Session pursuant to Section 121.22 (G)(1) for the purpose of discussing the continued employment of a public employee. A Motion was made by Councilmember Gales, seconded by Councilmember Brown, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page VII. Adjourn Executive Session Mayor McDonald requested a Motion to adjourn the Executive Session. A Motion was made by Vice Mayor Page, seconded by Councilmember Brown, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page VIII. PUBLIC COMMENTS: To comment on a topic not scheduled for a Public Hearing, please fill out a Speaker Form and return it to the Clerk of Council BEFORE the start of the meeting. When called upon, proceed to the microphone, state your name and address, and proceed with your comments. You will have three (3) minutes to speak. Ms. Olivia Hester of 5818 Seven Gables Avenue expressed her concerns about the continued closure of the Free Pike bridge. Ms. Hester asked if this bridge work was planned or if it is for emergency repairs. She also commented that the notice for bids went out March 23rd and closes on April 12th. Ms. Hester asked about the timeframe to start the work once the bid process closes and further, how long will it take to complete the repairs. Ms. Wanda Page of 601 Chandler Drive expressed her concerns regarding the Free Pike bridge as it has been almost two years and she doesn't understand why the repairs are taking so long. She commented that in her opinion, she doesn't feel it would take this long if the bridge was in Oakwood or Centerville because those residents wouldn't go for that and Trotwood residents shouldn't either. Ms. Gloria Cooper of 410 Rendale Place expressed the same concerns as Ms. Hester and Ms. Page; she shared that she feels if this was happening anywhere else it wouldn't take this long. Ms. Cooper would like to know how long the repairs are going to take and when the bridge will reopen. Ms. Maria Brooks of 6499 Westanna Drive thanked Council for allowing her to City of Trotwood Page 2 City Council Meeting Minutes - Final April 3, 2023 speak, then asked for more comprehensive information; not just the end date, but also what it will take to get there as she hasn't seen any work being done over the last two years. She also asked what pre-work or pre-analysis led the Engineer's team to believe this job could be completed in a month or two as initially indicated, and further, what information leads them to believe it can be completed by September. Ms. Sonja Cherry of 600 Bradfield Drive thanked Council for allowing her to ask a few questions. She would like to know what is going to be done about the number of potholes throughout the City, as well as the many eyesore properties. Ms. Cherry commented that Main Street is looking great, but there is more to the City of Trotwood and there are certain areas that have more eyesores than others; she would like to know when they will be addressed. Mayor McDonald asked Deputy City Manager Kellum to discuss the roadways. Deputy City Manager Kellum asked Public Works Supervisor Johnny McCluskey and Planning and Development Director Debbie McDonnell to speak with Ms. Cherry after the meeting so they can get more specific information relating to the potholes and eyesore properties. Deputy City Manager Kellum added that in general, weathering causes most potholes and the City's Public Works crews have been out over the past couple of weeks cold-patching some of the problem areas. She also explained that the City's 2023 Paving Program is very robust thanks to residents approving the additional 0.5% temporary income tax to help repair and pave residential roadways; that work will begin sometime in the spring. Deputy City Manager Kellum added that the Code Enforcement Division is addressing eyesore properties on a regular basis; however, there is a process that must be followed and it takes time. She then directed residents to the City's website and explained how to use the "Report a Concern" feature to register an issue. IX. Presentations PR10-23 Update on Free Pike Bridge Repair Project Presented by David Shields, Senior Bridge Engineer Montgomery County Engineer’s Office Attachments: PR10-23 Presentation Montgomery County Engineer Paul Gruner and Senior Bridge Engineer David Shields provided an update on the Free Pike bridge project. Montgomery County Engineer Paul Gruner thanked Council for inviting his office to attend the meeting. Mr. Gruner shared that bridges are inspected annually, some more often. He explained that bridges throughout Montgomery County are experiencing problems with erosion due to the increased runoff from streams; runoff has increased over the last 30 years and the County has spent a lot of money over the last 5-10 years on erosion issues that have not been problems in the past. In the case of the Free Pike bridge, the repairs were unplanned, and after review, considered an emergency. Engineer Gruner further explained that the stream caused eroding to the underside abutments of the Free Pike bridge, undercutting the ringwall footing support. He added that this erosion had not shown up in previous inspections; however erosion can happen rather quickly. Engineer Gruner stated that once City of Trotwood Page 3 City Council Meeting Minutes - Final April 3, 2023 his office was aware of the problem, they acted immediately in order to determine the problem and find a solution, which included preparing a design-build package so they didn't have to go through a selection process for the consulting engineer. He also shared that typically outside sources would be secured to fund a project of this magnitude; however in order to expedite the process, the Engineer's Office agreed to absorb the entire cost of the project, approximately $650,000. Otherwise, the process might have taken up to five years to complete. Engineer Gruner added that the Free Pike bridge has been closed for about one year, not two years; Mr. Shields stated that the bridge was closed in either June or May of 2022. Mayor McDonald asked Engineer Gruner and Mr. Sheilds to discuss what could have happened if the problem had not been found. Engineer Gruner explained that the City notified his office when they noticed the bridge was showing signs of settling and had they not of closed the bridge, the heavy truck traffic could have caused a failure of the abutment. He also assured everyone that the community in which a bridge is located has no impact on a project timeline; his office maintains 525 bridges in Montgomery County. Mayor McDonald agreed the closure is an inconvenience for the community and added that she appreciates Engineer Gruner coming out to explain the project in detail so that residents have a better understanding. Mr. Shields reviewed his presentation, which included the cost of the project and a timeline indicating the work will be completed around fall 2023, with the bridge opening in September 2023. He commented that there could be some small details to finish after the bridge opens, but anticipates the entire project will be completed in October 2023. Councilmember Kelley, Jr. thanked Mr. Gruner, Mr. Sheilds, and residents for coming to the meeting. He commented that he means no disrespect to the Engineer's Office, but wants them to know he has talked to hundreds of people about the bridge and many of them are upset, irritated, and frustrated with how long the bridge has been closed. He added that he understands the amount of damage; however, he is concerned with why it is taking so long to repair. Councilmember Kelley, Jr. explained that City Manager Pope originally told him the bridge would reopen in approximately two weeks, then he heard it would reopen around the beginning of 2023. He most recently read in the newspaper that it would reopen in September 2023. Councilmember Kelley, Jr. stated that the community needs to have a completion date to look toward. He also pointed out that this is not a side street, it is a main artery to the community so businesses are upset as well. Councilmember Kelley, Jr. shared that he feels the Engineer's Office should have given a presentation on the project 7-8 months ago and further, he is aware of a couple of groups that are so frustrated they have talked about starting a petition in the community; however, he pushed back on the petition idea after discussions with the City Manager last month. Councilman Kelley, Jr. reiterated that a completion date of September or October is pushing two years that the bridge will be closed and he doesn't feel that is the service the community deserves. He commented that he hopes what is being shared tonight is correct information. Engineer Gruner explained that his office never advised the bridge would be City of Trotwood Page 4 City Council Meeting Minutes - Final April 3, 2023 reopened in a month or two and that his office has been communicating with the City. He emphasized that the work cannot be done overnight; it must be properly designed and constructed. He also commented that he respects the fact that there is a lot of traffic in the area; however his office must follow the required processes and procedures. Councilmember Kelley Jr. commented that he doesn't expect the work to be completed overnight; he was going on what he was told by the City Manager. Mayor McDonald thanked Engineer Gruner for absorbing the expense and she understands how difficult it can be to get funding in such a short period of time. She added that Council is very appreciative and that nobody wants to allow this to happen, they simply want it done, and done right. Mayor McDonald asked Deputy City Manager Kellum to add any further details known by the City Manager's office. Deputy City Manager Kellum stated that the information shared this evening is what has been received by the City Manager; the bridge will open in September 2023. She added that the City Manager has been receiving updates from the Engineer's Office, which have been passed along to Council. Mayor McDonald commented that it is difficult to get this type of information out to the community and reminded residents to check the City's website, Facebook page, and attend Council meetings to learn details. She also asked Deputy City Manager Kellum to post the presentation slides online. Mayor McDonald again told Engineer Gruner how much they appreicate his office absorbing the cost of the project in order to have it completed in a more timely manner. Engineer Gruner apologized for any misunderstanding. Councilmember Vaughn commented that he understands the inconvenience and added that he is thankful there were no accidents due to the erosion problem and further, he understands what the Engineer's Office must go through to get the work done - the designs, bid process, contractor schedules, supplies; it all takes time. Councilmember Finley asked about the projected costs listed in the presentation, wanting confirmation that it does not include the right-of-way acquisition. Engineer Gruner confirmed that the acquisition fee was minimal, under $5,000.00 and the fee was not included in the projected costs. She then asked if Trotwood was liable for any of that cost and Engineer Gruner answered no. He explained that the bridge is the County's responsibility and that the City is only responsible for routine maintenance, things like snow removal, potholes on the approach, curbs, etc. He added that the Free Pike bridge is one of his office's top five projects. Councilmember Finley then asked if there are any milestones that would affect the anticipated completion date. Engineer Gruner stated that project completion dates are always weather dependant; however, so long as we experience near normal conditions, he is confident the work will be completed on time. Councilmember Finley commented to Engineer Gruner that Council appreciates him taking his time to hear their concerns. City of Trotwood Page 5 City Council Meeting Minutes - Final April 3, 2023 X. Consent Agenda Mayor McDonald requested a Motion to approve the Consent Agenda. A Motion was made by Councilmember Brown, seconded by Councilmember Finley, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page SR23-10 Minutes from the March 6, 2023 Regular City Council Meeting. Attachments: 2023-03-06 DRAFT Meeting Minutes The meeting minutes were approved and will be filed according to the City's Retention Schedule. R23-18 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED BIKE HELMET SAFETY AND SPRING FLING EVENT TO SERVE THE PUBLIC PURPOSE OF BUILDING STRONG COMMUNITY RELATIONS AND PROMOTING HEALTH AND WELLNESS, WITH EXPENDITURES NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS ($750.00). Attachments: R23-18 R23-18 Attachment This Resolution was approved. R23-19 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED ELECTRONIC WASTE WEEK AND SHRED DAY EVENT TO SERVE THE PUBLIC PURPOSE OF COMBATTING IDENTITY THEFT THROUGH THE PROPER DISPOSAL OF SENSITIVE ELECTRONIC AND PRINTED MATERIALS, WITH EXPENDITURES NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000.00). Attachments: R23-19 R23-19 Attachment This Resolution was approved. R23-20 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY-SPONSORED ANNUAL FAMILY REUNION WEEKEND TO SERVE THE PUBLIC PURPOSE OF BUILDING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00). Attachments: R23-20 R23-20 Attachment This Resolution was approved. City of Trotwood Page 6 City Council Meeting Minutes - Final April 3, 2023 R23-24 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING AN EMPLOYEE RECOGNITION AND APPRECIATION LUNCHEON WITH MILESTONE AWARDS TO SERVE THE PUBLIC PURPOSE OF ACKNOWLEDGING THE SERVICE AND CONTRIBUTIONS OF THE CITY’S EMPLOYEES, WITH EXPENDITURES NOT TO EXCEED SIX THOUSAND DOLLARS ($6,000.00). Attachments: R23-24 This Resolution was approved. R23-25 A RESOLUTION BY THE TROTWOOD CITY COUNCIL REAPPOINTING BONNIE E. SMITH TO THE CIVIL SERVICE COMMISSION FOR THE CITY OF TROTWOOD, STATE OF OHIO. Attachments: R23-25 This Resolution was approved. R23-26 A RESOLUTION BY THE TROTWOOD CITY COUNCIL REAPPOINTING RAP HANKINS TO THE PLANNING COMMISSION FOR THE CITY OF TROTWOOD, STATE OF OHIO. Attachments: R23-26 This Resolution was approved. 23-07 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 an amendment to the official Zoning Map of the City and the classification of approximately 33.65 acres of land located on Olive Road along the Dayton Rail Line, Parcel No. H33 00416 0036, from Light Industrial 1 (L-I-1) to Light Industrial 2 (L-I-2). This Motion was approved and a Public Hearing will be scheduled. 23-08 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 an amendment to the official Zoning Map of the City and the classification of approximately 10.032 acres of land located on Olive Road along the Dayton Rail Line, Parcel No. H33 00416 0037, from Light Industrial 1 (L-I-1) to Light Industrial 2 (L-I-2). This Motion was approved and a Public Hearing will be scheduled. City of Trotwood Page 7 City Council Meeting Minutes - Final April 3, 2023 23-09 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance repealing old Section 1341.18 “Abatement of Garbage, Trash and Other Debris” of the Trotwood Codes of Ordinances, and enacting new Section 1341.18 “Abatement of Rubbish, Garbage, Trash and Other Debris” of the Trotwood Codes of Ordinances. This Motion was approved and a Public Hearing will be scheduled. XI. Open Public Hearings To comment during a 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 wish to speak on, you will be asked to step to the microphone, state your name and address, and proceed with your comments. Only comments relating to that specific Ordinance are permissible. You will have three (3) minutes to speak. Mayor McDonald requested a Motion to open the Public Hearings. A Motion was made by Councilmember Gales, seconded by Councilmember Brown, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page XII. Ordinances OR15-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO APPROVE AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY AND THE RECLASSIFICATION OF APPROXIMATELY 11.595 ACRES OF VACANT LAND LOCATED ON PROSPERITY DRIVE, PARCEL NO. H33 00416 0031, FROM LIGHT INDUSTRIAL 2 (L-I-2) TO LIGHT INDUSTRIAL 1 (L-I-1), AND DECLARING AN EMERGENCY. Attachments: OR15-23 OR15-23 Staff Report Director McDonnell explained that in 2022, City Council rezoned this parcel from Light Industrial 1 (L-I-1) to Light Industrial 2 (L-I-2) in order to attract users by providing the best use of the property. The Trotwood Community Improvement Corporation has a potential user for this parcel; however, they do not want to maintain the retention pond that is located on the lot so they would prefer the lot be subdivided. Director McDonnell stated that as a result of subdividing the lot, the parcel would be less than 10 acres, which does not meet the L-I-2 requirements; therefore, the lot will need to be rezoned back to L-I-1. City of Trotwood Page 8 City Council Meeting Minutes - Final April 3, 2023 Mayor McDonald requested a Motion to adopt OR15-23. Councilmember Brown made a Motion, seconded by Councilmember Gales, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page XIII. Close Public Hearings Mayor McDonald requested a Motion to close the Public Hearings. A Motion was made by Vice Mayor Page, seconded by Councilmember Gales, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page XIV. Resolutions R23-17 A RESOLUTION BY THE TROTWOOD CITY COUNCIL FOR FINAL LEGISLATION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE OHIO DEPARTMENT OF TRANSPORTATION TO PERFORM SAFETY IMPROVEMENTS IN THE CITY OF TROTWOOD TO NINE INTERSECTIONS FOR THE SAFE ROUTES TO SCHOOL PLAN FOR BELLE HAVEN ELEMENTARY, INCLUDING UPGRADES TO CROSSWALKS, CURB RAMPS, AND SIDEWALKS, PROJECT ID NO. 113624. Attachments: R23-17 R23-17 Attachment Deputy City Manager shared that in June 2020, City Staff presented legislation to City Council regarding a project called Safe Routes to School. She explained this work is being done for the safety of students in Salem Village who attend Belle Haven Elementary; it is a project with Dayton Public Schools and the City of Dayton in order to provide safer routes for students who walk to school. Deputy City Manager Kellum added that this project is in its final phase and 100% of the cost is being covered by ODOT. Mayor McDonald requested a Motion to approve R23-17. Councilmember Brown made a Motion, seconded by Vice Mayor Page, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page City of Trotwood Page 9 City Council Meeting Minutes - Final April 3, 2023 R23-21 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF NEYRA CONSTRUCTION, INC., DBA NEYRA PAVING, FOR RESURFACING WORK TO BE COMPLETED ON THE FOLLOWING ROADWAYS: CAISSON STREET, GOLDENROD COURT, GRAYSTONE DRIVE, GREACIAN AVENUE, LANYARD AVENUE, SEYBOLD ROAD (PARTIAL SEGMENT - SNAKE ROAD TO WESTBROOK ROAD), MYRON AVENUE, AND CROWN AVENUE (PARTIAL SEGMENT - 104 CROWN AVENUE TO NORTH DEAD END); AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID CONTRACTOR TO COMPLETE THIS PORTION OF THE 2023 PAVING PROGRAM FOR AN AMOUNT NOT TO EXCEED $1,178,206.98, WHICH IS THE CONTRACT PRICE OF $1,071,097.25, PLUS A CONTINGENCY AMOUNT EQUAL TO 10% OF THE TOTAL CONTRACT PRICE, OR $107,109.73. Attachments: R23-21 Mayor McDonald shared that in her 18 years on City Council, and beyond that, this is the first time a road levy was presented to residents and approved. Supervisor McCluskey shared that after reviewing the bids received, Neyra Paving was the lowest and best bid, and therefore, was awarded the contract for the City's 2023 Paving Program. He explained that a private company reviewed each street within the City of Trotwood and rated them on a scale ranging from Poor to Excellent, which is how the City will determine the order of road repairs. Mayor McDonald asked Deputy City Manager to share these ratings so residents understand the process. Councilmember Vaughn asked if traffic count was a consideration when rating roads. Supervisor McCluskey shared that the private company used every possible measure to determine the ratings. Councilmember Gales asked if the paving work would change the rating to good or excellent. Supervisor McCluskey stated that newly paved roads will be rated as excellent. Councilmember Finley asked about the timeline. Supervisor McCluskey explained that typically the paving program is completed by fall of each year. However, he shared that this company is ready to begin the work so he would not be surprised if they finished sooner. Councilmember Finley mentioned that she has discussed with City Manager the possibility of Special Improvement Districts (SIDS) for residents who are willing to pay to have work done on their street. Supervisor McCluskey then shared that the City has been applying for various grants for work on the City's aging infrastructure. Deputy City Manager Kellum asked Council to stay-tuned as the City is in line to receive certain grants. She further explained that should a grant for infrastructure be received, paving would be performed after the infrastructure work is completed. Mayor McDonald requested a Motion to approve R23-18. Councilmember Vaughn made a Motion, seconded by Councilmember Brown, and the Motion CARRIED by the following vote: City of Trotwood Page 10 City Council Meeting Minutes - Final April 3, 2023 Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page R23-22 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF NEYRA CONSTRUCTION, INC., DBA NEYRA PAVING, FOR RESURFACING WORK TO BE COMPLETED ON THE EAST PARKING LOT OF THE TROTWOOD COMMUNITY AND CULTURAL ARTS CENTER; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID CONTRACTOR TO COMPLETE THIS PORTION OF THE 2023 PAVING PROGRAM FOR AN AMOUNT NOT TO EXCEED $84,337.60, WHICH IS THE CONTRACT PRICE OF $76,670.55, PLUS A CONTINGENCY AMOUNT EQUAL TO 10% OF THE TOTAL CONTRACT PRICE, OR $7,667.05. Attachments: R23-22 Deputy City Manager Kellum explained that this resurfacing work is part of the contract awarded to Neyra Paving for the 2023 Paving Program; however, it will be paid for from the Community and Cultural Arts Center Fund. Mayor McDonald requested a Motion to approve R23-22. Councilmember Brown made a Motion, seconded by Councilmember Finley, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page R23-23 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF NEYRA CONSTRUCTION, INC., DBA NEYRA PAVING, FOR RESURFACING WORK TO BE COMPLETED ON THE MADISON PARK WALK TRAIL; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID CONTRACTOR TO COMPLETE THIS PORTION OF THE 2023 PAVING PROGRAM FOR AN AMOUNT NOT TO EXCEED $44,179.30, WHICH IS THE CONTRACT PRICE OF $40,163.00, PLUS A CONTINGENCY AMOUNT EQUAL TO 10% OF THE TOTAL CONTRACT PRICE, OR $4,016.30. Attachments: R23-23 Deputy City Manager Kellum explained that this resurfacing work is part of the contract awarded to Neyra Paving for the 2023 Paving Program; however, it will be paid from the General Capital Improvement Fund. Mayor McDonald requested a Motion to approve R23-23. Councilmember Kelley, Jr. made a Motion, seconded by Councilmember Brown, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page City of Trotwood Page 11 City Council Meeting Minutes - Final April 3, 2023 XV. Staff Report SR23-12 The Trotwood City Council will vote to exercise their option to extend the City Manager’s employment for an additional one (1) year in accordance with the terms of his Employment Agreement. Councilmember Gales made a Motion to extend the City Manager's employment for an additional one (1) year in accordance with the terms of his Employment Agreement. Councilmember Brown seconded the Motion, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page SR23-13 A Request to transfer a Liquor Permit from Trenton Lee Branum and Lewis Dean Brookshire, DBA Cork N Brew, to Salem Best Price, Inc., DBA Cork N Brew, 4137 Salem Avenue, Trotwood, Ohio 45416. Attachments: SR23-13 Notice SR23-13 Memo - PD Mayor McDonald requested a Motion to approve this request without comment. Councilmember Kelley, Jr. made a Motion, seconded by Councilmember Gales, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page XVI. Comments A. Council Members: Each Council Member will have three (3) minutes to speak about topics relating to the City of Trotwood that are not on the Meeting Agenda. Vice Mayor Page commented on the resurfacing projects and how things are moving upward in the City. She thanked the citizens who came out to voice their opinion and reminded everyone to stick together so we can move forward faster. She also asked residents to thank our public service workers (Police, Fire, Public Works) as they work on minimal funding. Vice Mayor Page also thanked Council for their support over the last week as she was dealing with a personal matter. Lastly, she reminded residents to check on the City's elderly residents. Councilmember Gales commented on the potholes in the roadways and shared that they are not just in Trotwood. She also thanked the Montgomery County Engineer's Office for explaining the Free Pike bridge project and added that she wants the bridge to be safe and understands the amount of time it might take. Councilmember Vaughn mentioned that several people (City Manager, Police Chief, and the Mayor) went to Columbus to testify on the issue of honing, drag racing, etc. He also commented that everyone needs to talk with their City of Trotwood Page 12 City Council Meeting Minutes - Final April 3, 2023 neighbors, children, church community, etc. as several of the issues mentioned tonight involve residents, not just people passing through the community. Councilmember Finley shared information on H.B. 288 regarding distracted drivers. She also shared some community events surrounding Holy Week. Councilmember Brown wanted to be sure residents know that Council appreciates them attending meetings to share their voice. She reminded everyone that the City has to follow procedures to address certain issues and that takes time so to please be patient. Councilmember Kelley, Jr. thanked the residents who attended the meeting to express their concerns about the Free Pike bridge. He asked residents to stay tuned as he is not encouraged by the details shared by the County Engineer. Further, he added that even though the County Engineer disputed what the City Manager told him, he has total confidence in the information the City Manager shared. B. City Manager Deputy City Manager Kellum shared that it is incumbent upon everyone to not litter and to help keep the community beautiful. She stated the City will continue to hire staff to pick up the tons of litter collected every month. C. Mayor Mayor McDonald shared that she attended an event on Sunday sponsored by the Historical Society and she asked them to bring to the meeting a few of their displays to share. Mayor McDonald also shared that she will be attending area church services with LaVar Glover, Director of the West Campus of GWESMV, in order to promote their services. Mayor McDonald mentioned that she has met several new female officers recently hired by the Police Department. Mayor McDonald asked Chief Wilson and Law Director Conard to speak about the hearing on honing in Columbus. Law Director Conard shared that the Committee is being thoughtful about the passage of new law; he feels they will pass some piece of legislation, but there will be some tweaks regarding innocent bystanders, to ensure there are no unintended consequences. Chief Wilson added that the hope is for the new law to allow law enforcement to take an offender's car. He commented that this is a nationwide problem, not just in Trotwood, and he appreciates the Mayor driving this initiative. Mayor McDonald added that she believes taking someone's car is the only way to make an impact and deter this reckless behavior. D. Clerk of Council: Announcements There were no announcements. City of Trotwood Page 13 City Council Meeting Minutes - Final April 3, 2023 XVII. Adjourn Council had no further business to conduct; therefore, Mayor McDonald declared the meeting adjourned at 8:05 p.m. City of Trotwood Page 14

Agenda

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Agenda - Final Monday, April 3, 2023 6:30 PM Executive Session at 6:15 PM Trotwood Community and Cultural Arts Center 4000 Lake Center Drive, Trotwood, Ohio 45426 City Council Mayor Mary A. McDonald Vice Mayor Yvette F. Page Council Member Bettye L. Gales Council Member Charles Ron Vaughn Council Member Tyna R. Brown Council Member Rhonda C. Finley Council Member Robert L. Kelley, Jr. Clerk of Council Kara B. Landis City Council Meeting Agenda - Final April 3, 2023 I. Call to Order II. Invocation III. Pledge of Allegiance IV. Roll Call V. Approve the Agenda VI. Enter Executive Session SR23-11 The Trotwood City Council will move into Executive Session pursuant to Section 121.22(G)(1) of the Ohio Revised Code for the purpose of discussing a personnel matter, specifically the continued employment of a public employee. VII. Adjourn Executive Session VIII. PUBLIC COMMENTS: To comment on a topic not scheduled for a Public Hearing, please fill out a Speaker Form and return it to the Clerk of Council BEFORE the start of the meeting. When called upon, proceed to the microphone, state your name and address, and proceed with your comments. You will have three (3) minutes to speak. IX. Presentations PR10-23 Update on Free Pike Bridge Repair Project Presented by David Shields, Senior Bridge Engineer Montgomery County Engineer’s Office Attachments: PR10-23 Presentation X. Consent Agenda SR23-10 Minutes from the March 6, 2023 Regular City Council Meeting. Attachments: 2023-03-06 DRAFT Meeting Minutes City of Trotwood Page 2 Printed on 4/3/2023 City Council Meeting Agenda - Final April 3, 2023 R23-18 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED BIKE HELMET SAFETY AND SPRING FLING EVENT TO SERVE THE PUBLIC PURPOSE OF BUILDING STRONG COMMUNITY RELATIONS AND PROMOTING HEALTH AND WELLNESS, WITH EXPENDITURES NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS ($750.00). Attachments: R23-18 R23-18 Attachment R23-19 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED ELECTRONIC WASTE WEEK AND SHRED DAY EVENT TO SERVE THE PUBLIC PURPOSE OF COMBATTING IDENTITY THEFT THROUGH THE PROPER DISPOSAL OF SENSITIVE ELECTRONIC AND PRINTED MATERIALS, WITH EXPENDITURES NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000.00). Attachments: R23-19 R23-19 Attachment R23-20 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY-SPONSORED ANNUAL FAMILY REUNION WEEKEND TO SERVE THE PUBLIC PURPOSE OF BUILDING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00). Attachments: R23-20 R23-20 Attachment R23-24 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING AN EMPLOYEE RECOGNITION AND APPRECIATION LUNCHEON WITH MILESTONE AWARDS TO SERVE THE PUBLIC PURPOSE OF ACKNOWLEDGING THE SERVICE AND CONTRIBUTIONS OF THE CITY’S EMPLOYEES, WITH EXPENDITURES NOT TO EXCEED SIX THOUSAND DOLLARS ($6,000.00). Attachments: R23-24 R23-25 A RESOLUTION BY THE TROTWOOD CITY COUNCIL REAPPOINTING BONNIE E. SMITH TO THE CIVIL SERVICE COMMISSION FOR THE CITY OF TROTWOOD, STATE OF OHIO. Attachments: R23-25 R23-26 A RESOLUTION BY THE TROTWOOD CITY COUNCIL REAPPOINTING RAP HANKINS TO THE PLANNING COMMISSION FOR THE CITY OF TROTWOOD, STATE OF OHIO. Attachments: R23-26 City of Trotwood Page 3 Printed on 4/3/2023 City Council Meeting Agenda - Final April 3, 2023 23-07 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 an amendment to the official Zoning Map of the City and the classification of approximately 33.65 acres of land located on Olive Road along the Dayton Rail Line, Parcel No. H33 00416 0036, from Light Industrial 1 (L-I-1) to Light Industrial 2 (L-I-2). 23-08 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 an amendment to the official Zoning Map of the City and the classification of approximately 10.032 acres of land located on Olive Road along the Dayton Rail Line, Parcel No. H33 00416 0037, from Light Industrial 1 (L-I-1) to Light Industrial 2 (L-I-2). 23-09 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance repealing old Section 1341.18 “Abatement of Garbage, Trash and Other Debris” of the Trotwood Codes of Ordinances, and enacting new Section 1341.18 “Abatement of Rubbish, Garbage, Trash and Other Debris” of the Trotwood Codes of Ordinances. XI. Open Public Hearings To comment during a 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 wish to speak on, you will be asked to step to the microphone, state your name and address, and proceed with your comments. Only comments relating to that specific Ordinance are permissible. You will have three (3) minutes to speak. XII. Ordinances OR15-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO APPROVE AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY AND THE RECLASSIFICATION OF APPROXIMATELY 11.595 ACRES OF VACANT LAND LOCATED ON PROSPERITY DRIVE, PARCEL NO. H33 00416 0031, FROM LIGHT INDUSTRIAL 2 (L-I-2) TO LIGHT INDUSTRIAL 1 (L-I-1), AND DECLARING AN EMERGENCY. Attachments: OR15-23 OR15-23 Staff Report XIII. Close Public Hearings City of Trotwood Page 4 Printed on 4/3/2023 City Council Meeting Agenda - Final April 3, 2023 XIV. Resolutions R23-17 A RESOLUTION BY THE TROTWOOD CITY COUNCIL FOR FINAL LEGISLATION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE OHIO DEPARTMENT OF TRANSPORTATION TO PERFORM SAFETY IMPROVEMENTS IN THE CITY OF TROTWOOD TO NINE INTERSECTIONS FOR THE SAFE ROUTES TO SCHOOL PLAN FOR BELLE HAVEN ELEMENTARY, INCLUDING UPGRADES TO CROSSWALKS, CURB RAMPS, AND SIDEWALKS, PROJECT ID NO. 113624. Attachments: R23-17 R23-17 Attachment R23-21 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF NEYRA CONSTRUCTION, INC., DBA NEYRA PAVING, FOR RESURFACING WORK TO BE COMPLETED ON THE FOLLOWING ROADWAYS: CAISSON STREET, GOLDENROD COURT, GRAYSTONE DRIVE, GREACIAN AVENUE, LANYARD AVENUE, SEYBOLD ROAD (PARTIAL SEGMENT - SNAKE ROAD TO WESTBROOK ROAD), MYRON AVENUE, AND CROWN AVENUE (PARTIAL SEGMENT - 104 CROWN AVENUE TO NORTH DEAD END); AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID CONTRACTOR TO COMPLETE THIS PORTION OF THE 2023 PAVING PROGRAM FOR AN AMOUNT NOT TO EXCEED $1,178,206.98, WHICH IS THE CONTRACT PRICE OF $1,071,097.25, PLUS A CONTINGENCY AMOUNT EQUAL TO 10% OF THE TOTAL CONTRACT PRICE, OR $107,109.73. Attachments: R23-21 R23-22 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF NEYRA CONSTRUCTION, INC., DBA NEYRA PAVING, FOR RESURFACING WORK TO BE COMPLETED ON THE EAST PARKING LOT OF THE TROTWOOD COMMUNITY AND CULTURAL ARTS CENTER; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID CONTRACTOR TO COMPLETE THIS PORTION OF THE 2023 PAVING PROGRAM FOR AN AMOUNT NOT TO EXCEED $84,337.60, WHICH IS THE CONTRACT PRICE OF $76,670.55, PLUS A CONTINGENCY AMOUNT EQUAL TO 10% OF THE TOTAL CONTRACT PRICE, OR $7,667.05. Attachments: R23-22 City of Trotwood Page 5 Printed on 4/3/2023 City Council Meeting Agenda - Final April 3, 2023 R23-23 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF NEYRA CONSTRUCTION, INC., DBA NEYRA PAVING, FOR RESURFACING WORK TO BE COMPLETED ON THE MADISON PARK WALK TRAIL; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID CONTRACTOR TO COMPLETE THIS PORTION OF THE 2023 PAVING PROGRAM FOR AN AMOUNT NOT TO EXCEED $44,179.30, WHICH IS THE CONTRACT PRICE OF $40,163.00, PLUS A CONTINGENCY AMOUNT EQUAL TO 10% OF THE TOTAL CONTRACT PRICE, OR $4,016.30. Attachments: R23-23 XV. Staff Report SR23-12 The Trotwood City Council will vote to exercise their option to extend the City Manager’s employment for an additional one (1) year in accordance with the terms of his Employment Agreement. SR23-13 A Request to transfer a Liquor Permit from Trenton Lee Branum and Lewis Dean Brookshire, DBA Cork N Brew, to Salem Best Price, Inc., DBA Cork N Brew, 4137 Salem Avenue, Trotwood, Ohio 45416. Attachments: SR23-13 Notice SR23-13 Memo - PD XVI. Comments A. Council Members: Each Council Member will have three (3) minutes to speak about topics relating to the City of Trotwood that are not on the Meeting Agenda. B. City Manager C. Mayor D. Clerk of Council: Announcements XVII. Adjourn City of Trotwood Page 6 Printed on 4/3/2023

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