City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Monday, May 1, 2023 6:30 PM Executive Session at 6:00 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 May 1, 2023 I. Call to Order Mayor McDonald called the meeting to order at 6:00 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. Councilmember Gales arrived at 6:05 p.m. Councilmember Vaughn arrived at 6:15 p.m. 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: City Manager Quincy Pope, Clerk of Council Kara Landis, Law Director Chris Conard, Deputy City Manager Stephanie Kellum, Finance Director Chris Peeples, Fire Chief Richard Haacke, Deputy Fire Chief Chad McInturff, Police Chief Erik Wilson, Planning and Development Director Debbie McDonnell, Income Tax Supervisor Sue Bowman, and Human Resources Generalist Portia Hill. VISITORS PRESENT: Valerie Arnold, Martha Erwin, Jannetta Jones, Colleen Vollmer, Kathy Walker, Deanna Perkins, Sister Mary Garke, Sister Martha Bertke, Karla Merchant-Parrish, and Yoonmee Hampson. 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: 5- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Vice Mayor Page Excused: 2- Councilmember Gales and Councilmember Vaughn VI. Enter into Executive Session SR23-14 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 City of Trotwood Page 1 City Council Meeting Minutes - Final May 1, 2023 discussing a personnel matter, specifically the performance 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 performance of a public employee A Motion was made by Councilmember Brown, seconded by Vice Mayor Page, and the Motion CARRIED by the following vote: Aye: 5- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Brown and Vice Mayor Page Excused: 2- Councilmember Gales and Councilmember Vaughn VII. Adjourn Executive Session Mayor McDonald requested a Motion to adjourn the Executive Session. A Motion was made by Councilmember Brown, seconded by Councilmember Kelley, Jr., 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. Valerie Arnold, 5699 Hillary Street, voiced her concerns with a group home located at 5672 Hillary Street and the increased police presence; she would like something done about the problem. City Manager Pope shared that he is aware of the issue, as well as other group homes and activities. He explained that the City is working on new legislation to combat some of these problems, but the City must follow the law and acknowledge everyone's constitutional rights. Ms. Deanna Perkins, 812 Redwood Drive, Eaton, Ohio, asked for help regarding Bear Creek Cemetery. She explained that the conditions of the cemetery are deplorable. Ms. Perkins shared that she was told the person who previously operated the cemetery, Don, died. Now, Tammy, Bobby, and Mike are trying to manage the business and they have been of no help. She expressed personal concerns because she found liquor bottles around her 13 year old sister's headstone. She stated the owners are not mowing, and in one instance there was a grave dug but no dirt thrown over the grave. She asked the owners about this and was told that their backhoe and tractor were stolen, although when asked, they told her they had not reported such activity to the police. In addition, she said there is no lighting and when she asked why, she was told that it will cost $10,000 to repair the underground line and they simply do not have money. She ended by stating no one is being held accountable and she is looking for help. City Manager Pope shared that he has been in contact with the deceased owner's son, who commented to him that he wants relief. City Manager Pope explained that per state law, the private cemetery must no longer have a trust City of Trotwood Page 2 City Council Meeting Minutes - Final May 1, 2023 before the City can take control. He added that he knows there have been multiple complaints made to the State and understands the situation has gotten progressively worse since the previous owner died. Law Director Conard suggested Ms. Perkins contact the Ohio Department of Commerce and to contact him or the Clerk for further details as we are happy to help her navigate the system. Councilmember Vaughn added that about a year ago, he was contacted by a family member asking for help. He discussed the issue with City Manager Pope, who explained that the City cannot use taxpayer dollars to take on the burden and expense of a privately owned cemetery and the owner must file bankruptcy before the City is required to take over. Councilmember Finley suggested Ms. Perkins contact the media. Mayor McDonald suggested she contact the State because the cemetery is not under the City's purview, and the media, due a to lack of understanding, may portray the problem as the City's responsibility. IX. Special Presentations and Recognitions PR11-23 Dayton Metro Library Update Jeffrey Trzeciak, Executive Director Attachments: PR11-23 Presenter Sheet PR11-23 Presentation Mr. Jeffrey Trzeciak, Executive Director of the Dayton Metro Libary, shared a PowerPoint presentation about the library and their services. Mayor McDonald thanked Mr. Trzeciak for the library's partnership with the City, as well as for the services they offer to the community. Councilmember Kelley asked about teen usage in Trotwood compared to other branches. Mr. Trzeciak answered that he believes teen attendance in Trotwood is consistent with other locations. Mayor McDonald invited Yoonmee Hampson, to speak. Ms. Hampson is the Manager of the Trotwood Branch Library and she added that teen usage has definitely increased over the last year. PR12-23 Personal Appearance and Grooming Standards of the Trotwood Police Department Erik Wilson, Chief Attachments: PR12-23 Attachment A PR12-23 Attachment B Chief Wilson presented details about changes in the Personal Appearance and Grooming Standards for the Trotwood Police Department. Chief Wilson explained that many area and nationwide departments now allow officers to wear beards. While he is not a fan of such a policy, he City of Trotwood Page 3 City Council Meeting Minutes - Final May 1, 2023 understands he must adopt some of these standards; one driving factor is recruitment as he is frequently asked if the department allows facial hair. He shared that he has made it perfectly clear to the officers that they must still look professional. Councilmember Finley asked if there is also a policy change for women. Chief Wilson answered that there are changes in the new policy applicable to women. Councilmember Vaughn commented that once permitted and officers, in Chief's opinion, are within the limits of the parameters, it could be more easily contested. Chief Wilson shared that this is not a contractual issue and stated the policy is at his discretion and he is willing to take on that fight. X. Consent Agenda Mayor McDonald requested a Motion to approve the Consent Agenda. A Motion was made by Councilmember Brown, 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 SR23-16 Minutes from the April 3, 2023 Regular City Council Meeting. Attachments: 2023-04-03 DRAFT Meeting Minutes The meeting minutes were approved and will be filed according to the City's Retention Schedule. R23-27 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED EVENT IN RECOGNITION OF MOTHER’S DAY, WHICH SERVES A VALID PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED THREE HUNDRED DOLLARS ($300.00). Attachments: R23-27 R23-27 Attachment This Resolution was approved. R23-28 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED COMMUNITY MOVIE NIGHT, WHICH SERVES A VALID PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00). Attachments: R23-28 This Resolution was approved. City of Trotwood Page 4 City Council Meeting Minutes - Final May 1, 2023 R23-30 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPOINTING TYLER HAUCK TO THE PLANNING COMMISSION FOR THE CITY OF TROTWOOD, STATE OF OHIO. Attachments: R23-30 This Resolution was approved. 23-10 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance repealing current Sections 303.08 “Impounding of Vehicles; Redemption” and 351.14 “Overnight Parking of Trucks and Trailers” of the Trotwood Codes of Ordinances, and enacting new Sections 303.08 “Impounding of Vehicles; Redemption” and 351.14 “Overnight Parking of Trucks and Trailers” to update regulations concerning the parking of certain trucks and trailers. This Motion was approved and a Public Hearing will be scheduled. 23-11 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance repealing the current “Part 11 - Planning and Zoning Code” of the Trotwood Codes of Ordinances, and enacting a new “Part 11 - Planning and Zoning Code” to amend Sections 1123.02, 1133.04, 1141.04, 1143.04, 1145.04, 1147.04, 1149.04, 1151.04, 1153.04, 1155.04, and Appendix B, and to create new Sections 1189.21 “Group Homes” and 1189.22 “Child Day Care Centers, Type A Family Day Care Homes, and Type B Family Day Care Homes” to update regulations concerning group homes and day cares, and declaring an emergency. 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 on this item. 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 City of Trotwood Page 5 City Council Meeting Minutes - Final May 1, 2023 OR16-23 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 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). Attachments: OR16-23 OR16-23 Map OR16-23 Staff Report City Manager Pope shared that this request, along with the next ordinance, is to rezone land behind the Public Works building. Planning and Development Director Debbie McDonnell explained that there is a rail line that runs along these parcels. She shared that she feels the city is very fortunate to have parcels accessible to the rail line and that the change from Light Industrial 1 to Light Industrial 2 opens opportunities for businesses that might want to use rail lines, putting us ahead in negotiations with site seekers. Vice Mayor Page asked if any harmful matierals would be hauled, in light of recent train accidents. Director McDonnell stated that the rail line comes from Dayton and terminates in Trotwood; it is a spur, meaning it is a very slow moving train. Director McDonnell shared that she feels this will help ensure the materials being hauled would not cause concern. Mayor McDonald requested a Motion to adopt OR16-23. A Motion was made by Councilmember Vaughn, 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 OR17-23 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 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). Attachments: OR17-23 OR17-23 Map OR17-23 Staff Report City of Trotwood Page 6 City Council Meeting Minutes - Final May 1, 2023 Mayor McDonald requested a Motion to adopt OR17-23. 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 OR18-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL 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” TO UPDATE THE TERMS AND ALLOW FOR THE USE OF CONTRACTORS TO PERFORM NUISANCE ABATEMENTS. Attachments: OR18-23 OR18-23 Exhibit A City Manager Pope stated that this change will allow the City to use outside contractors when capacity is an issue in addressing nuisance abatements in a timely manner. He explained that the City will certify charges to the Auditor's Office when there is an expense to clean up a property, regardless of who does the work. He further stated that this change also inserts the word "rubbish" in order to incorporate all forms of trash. Mayor McDonald requested a Motion to adopt OR18-23. A Motion was made by Councilmember Brown, 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 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 XIV. Resolutions City of Trotwood Page 7 City Council Meeting Minutes - Final May 1, 2023 R23-29 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 IMPROVEMENTS IN THE CITY OF TROTWOOD ON SALEM BEND DRIVE FROM OLIVE ROAD TO WESTBROOK ROAD, INCLUDING PAVEMENT PLANING, RESURFACING, AND PAVEMENT MARKING, PROJECT ID. NO. 116897. Attachments: R23-29 R23-29 Exhibit A R23-29 Attachment City Manager Pope explained that the City applied for a grant from ODOT through MVRPC. This grant will cover 100% of the expense, with the City only responsible to pay for the up-front engineer costs. Mayor McDonald requested a Motion to approve R23-29. 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 XV. Staff Reports SR23-15 The Trotwood City Council has evaluated the performance of the Clerk of Council in accordance with the terms of her Employment Agreement and will vote on a compensation step increase. Mayor McDonald shared that the Clerk is doing a fabulous job and makes City Council and the City very proud. Mayor McDonald requested a Motion to approve a compensation step increase for the Clerk of Council. 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 SR23-17 A Request to transfer a Liquor Permit from Kalm Inc., DBA Dayton Sports Complex, 4801 Salem Avenue, Trotwood, Ohio 45416, to First Class Sport Management Group LLC, DBA Dayton Sports Complex, 4801 Salem Avenue, Trotwood, Ohio 45416. Attachments: SR23-17 Notice Chief Wilson explained that this is a request to transfer a liquor permit and upon checking calls for service at this address and any prior liquor violations, the department has no objections and recommends Council approve this City of Trotwood Page 8 City Council Meeting Minutes - Final May 1, 2023 request without comment. Mayor McDonald requested a Motion to approve this request without comment. A Motion was made by Councilmember Brown, seconded by Councilmember Gales, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page Excused: 1- Councilmember Kelley Jr. 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. Councilmember Brown thanked City Manager, Staff, and the Mayor for all of the movement going on in the City. She commented that residents in Ward 4 are very excited and happy about the recent demolition of a dilapidated home. Councilmember Vaughn shared that he believes Trotwood is a positive community from the top down and that he is proud to live here. Vice Mayor Page shared that she attended the grand opening of a new real estate business in the City located at 5898 Salem Avenue. She also shared that she will be participating in Hamburger Month by working at White Castle on May 17. Lastly, Vice Mayor Page reminded residents to check on seniors. Councilmember Gales shared that people are commenting on the good stuff going on around Main Street and that she will be glad when Free Pike opens so everyone can see. She asked everyone to tell someone about the things going on in the City. Councilmember Finley reminded everyone that tomorrow is Election Day and asked residents to support the Fire Department's 4.15 mill levy. She also mentioned that on May 12, the City and Chamber will host a Mother's Day brunch and on May 11, the Western Division of the Municipal Court will hold an open house. Councilmember Finley announced that the Trotwood Senior Lofts are now accepting rental applications and mentioned the good news recently reported about GFS opening a grocery store. City Manager Pope added that GFS has started construction in the former Best Buy space and that this is a project the City has been working on for three years. Further, a formal announcement is forthcoming. Councilmember Kelley thanked City Manager Pope and Staff for giving two projects of interest a lot of attention. One project being the closed bridge. He commended City Manager Pope for inviting the County Engineer to the April meeting and he shared that a lot of residents feel the County has been very negligent; he believes his previous comments helped create some action as bids went out and it is his understanding the County has found a construction company to perform the work. City of Trotwood Page 9 City Council Meeting Minutes - Final May 1, 2023 B. City Manager City Manager Pope shared that he is very excited about the revitalization going on in the Trotwood community. He mentioned that when he sees progression like GFS expanding, it means a lot to him and the community. He finished by thanking Council for their progressive economic development policies. C. Mayor Mayor McDonald shared how the GFS expansion came about and that the City and GFS have been talking for several years. She also shared that some Council Members and Staff took a trip to Detroit, Michigan, to visit a similar store; then COVID hit and GFS had to reassess, but they are now moving forward. Mayor McDonald commented that she simply did what anyone can do; she asked the question and stood behind what it took to get something done. She reiterated that each Council Member has such opportunities, and that they can move things forward by placing ideas and information with the City Manager and Staff, who will then follow through to complete the job. Mayor McDonald also mentioned the recent MVRPC spring dinner and how their partnership continually helps the City secure funding for important projects. Mayor McDonald commented that she, along with other Council Members and some Staff, will be working with senior students from Trotwood Madison Schools on their capstone projects. Lasty, Mayor McDonald shared a concern with the dollar store nearest to the Senior Lofts. She shared her experience and said the business was filthy, the service was atrocious, and the workers were out of uniform, and that this is not the standard of living in Trotwood. Knowing this store would be used by the seniors in the new lofts, Mayor McDonald knew this was unacceptable so she contacted the Manager and City Manager and after much discussion, she hopes to see a change. She then challenged others to hold businesses accountable and to say something if they witness a problem. Mayor McDonald challenged other to lift up the community, not tear it down, and that no job is too big or too small in leadership. She encouraged Council Members to support the City Manager and Staff as Council may have the ideas, but it's City Manager's job to make sure their vision is carried out and he has done an outstanding job, as has the Clerk. She ended by reiterating that Council must follow policy and hold the City Manager and other employees accountable. D. Clerk of Council: Announcements There were no announcements. XVII. Adjourn Council had no further business to conduct; therefore, Mayor McDonald declared the meeting adjourned at 7:40 p.m. City of Trotwood Page 10