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City Council

Regular Meeting

Trotwood, OH · September 5, 2023

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Minutes

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Tuesday, September 5, 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 September 5, 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. 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, 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, Planner Max Fuller, Operations Supervisor Johnny McCluskey, TCIC Executive Director Chad Downing, Human Resources Generalist Portia Hill, and Income Tax Supervisor Sue Bowman. VISITORS PRESENT: Kathy Walker, Shelley Allen, Mary, Kimball, Rhonda Sumlin, Sister Martha Bertke, Sister Mary Garke, Colleen Vollmer, Jannetta Jones, Karla Merchant-Parrish, Larry Bryant, Anthony Whitmore, Pete Baldauf, Michelle Baldauf, and Richard Farncomb. V. Approve the Agenda Mayor McDonald requested a Motion to approve the Agenda. A Motion was made by Councilmember Brown, 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 1 City Council Meeting Minutes - Final September 5, 2023 VI. Enter into Executive Session SR23-23 The Trotwood City Council will move into Executive Session pursuant to Section 121.22(G)(4) of the Ohio Revised Code, which allows for discussion regarding negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment. Mayor McDonald requested a Motion to enter into Executive Session pursuant to Section 121.22(G)(4) of the Ohio Revised Code, which allows for discussion regarding negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment. A Motion was made by Councilmember Gales, 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 VII. Adjourn Executive Session Mayor McDonald requested a Motion to adjourn the Executive Session. 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 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. Sister Mary Garke announced that the Sisters of the Precious Blood will be celebrating 100 years in the Dayton area and will be holding a catholic mass at 2:00 p.m. followed by a reception in the Parish Activity Center on Sunday, October 1, 2023 at Precious Blood Church. Dr. Xezakia Rouse shared that the 2nd Annual Something for the Children's Gala will be held on October 21, 2023. This cause has been approved for over $100 million in Community Reinvestment Act funds and the goal is to place a facility in southwest Ohio to educate at-risk youth. The purpose of the Gala is to bring awareness to this goal. Dr. Rouse invited City Council and residents of Trotwood to the Gala. City of Trotwood Page 2 City Council Meeting Minutes - Final September 5, 2023 IX. Presentations and Recognitions PR19-23 Introduction of Max Fuller, Planner I Stephanie Kellum, Deputy City Manager Attachments: PR19-23 Attachment Deputy City Manager Stephanie Kellum introduced Mr. Max Fuller, a new employee working in the City's Planning and Development Department. PR20-23 Family Reunion Weekend Charles Wheeler, Marketing Coordinator Parks and Recreation Department Attachments: PR20-23 Attachment Marketing Coordinator Charles Wheeler reminded everyone of the upcoming Family Reunion Weekend and shared that there will be a volunteer picnic/carry-in on Friday, September 29, 2023 hosted by the West Acres Nazarene Church. The Smoke, Sizzle, and Sounds event will be held on Saturday, September 30, 2023 from noon to 7:00 p.m. and it will feature live music, a parade, food trucks, various vendors, a barbecue competition, and other entertainment and attractions. Also, Coordinator Wheeler is working on an interfaith worship service to be held on Sunday, October 1, 2023; further details will follow. X. Consent Agenda Mayor McDonald requested a Motion to approve the Consent Agenda. 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 SR23-21 Minutes from the July 3, 2023 Regular City Council Meeting. Attachments: 2023-07-03 DRAFT Meeting Minutes The meeting minutes were approved and will be filed according to the City's Retention Schedule. City of Trotwood Page 3 City Council Meeting Minutes - Final September 5, 2023 R23-41 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE RENEWAL APPLICATION FOR THE PLACEMENT OF 70.778 TOTAL ACRES OF LAND OWNED BY TERRY C. AND DEBORAH K. HOHENBRINK, OF WHICH 31.600 ACRES OF LAND, PARCEL NO. H33 02309 0004, ARE LOCATED AT 720 NORTH SNYDER ROAD, AND 39.178 ACRES OF LAND (MORE OR LESS), PARCEL NO. H33 02309 0005, ARE LOCATED AT 688 NORTH SNYDER ROAD, IN AN AGRICULTURAL TAX DISTRICT IN ACCORDANCE WITH THE FARMLAND PRESERVATION ACT, SECTION 929.02 OF THE OHIO REVISED CODE. Attachments: R23-41 R23-41 Exhibit A This Resolution was approved. R23-42 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO CERTIFY DELINQUENT CHARGES FOR SEWER SERVICE TO THE AUDITOR OF MONTGOMERY COUNTY, OHIO, FOR PLACEMENT ON THE TAX DUPLICATE. Attachments: R23-42 R23-42 Exhibit A This Resolution was approved. R23-43 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO CERTIFY DELINQUENT CHARGES FOR WATER SERVICE TO THE AUDITOR OF MONTGOMERY COUNTY, OHIO, FOR PLACEMENT ON THE TAX DUPLICATE. Attachments: R23-43 R23-43 Exhibit A This Resolution was approved. R23-44 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO CERTIFY DELINQUENT CHARGES FOR STORM DRAINAGE SERVICE TO THE AUDITOR OF MONTGOMERY COUNTY, OHIO, FOR PLACEMENT ON THE TAX DUPLICATE. Attachments: R23-44 R23-44 Exhibit A This Resolution was approved. City of Trotwood Page 4 City Council Meeting Minutes - Final September 5, 2023 R23-45 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO CERTIFY DELINQUENT CHARGES FOR REFUSE COLLECTION TO THE AUDITOR OF MONTGOMERY COUNTY, OHIO, FOR PLACEMENT ON THE TAX DUPLICATE. Attachments: R23-45 R23-45 Exhibit A This Resolution was approved. R23-47 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN OBSOLETE AND/OR SURPLUS POLICE DEPARTMENT VEHICLES AND EQUIPMENT AS NO LONGER NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING SAID VEHICLES AND EQUIPMENT TO BE SOLD TO LOCAL AUTO SALVAGE COMPANIES, AT PUBLIC AUCTION, AND/OR OTHERWISE DISPOSED OF. Attachments: R23-47 R23-47 Exhibit A This Resolution was approved. R23-48 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED “DRIVE-THRU TRICK-OR-TREAT” EVENT TO SERVE THE PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000.00). Attachments: R23-48 This Resolution was approved. R23-49 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED “COMMUNITY COMMUNICATIONS PROJECT” KICK-OFF EVENT TO SERVE THE PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00). Attachments: R23-49 This Resolution was approved. 23-16 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance approving the current replacement pages to the City of Trotwood Codes of Ordinances. This Motion was approved and a Public Hearing will be scheduled. City of Trotwood Page 5 City Council Meeting Minutes - Final September 5, 2023 23-18 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance repealing current Chapter 953 “Cedar Hill and Ehrstine Cemetery Rules and Regulations” and enacting new Chapter 953 “Cemetery Rules and Regulations” to add Bear Creek-Hillgrove Cemetery and update the required maintenance of the grounds. This Motion was approved and a Public Hearing will be scheduled. 23-19 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance repealing current Section 927.05 “Removal of Empty Receptacles” and enacting new Section 927.05 “Removal of Empty Receptacles” to address waste receptacles left on the curb line or on the edge of the pavement for longer than twenty-four hours. 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 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 City of Trotwood Page 6 City Council Meeting Minutes - Final September 5, 2023 XII. Ordinances OR23-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT SECTION 1501.01 “ADOPTION” OF THE TROTWOOD CODES OF ORDINANCES AND ENACTING NEW SECTION 1501.01 “ADOPTION” TO CONFORM WITH THE OHIO FIRE CODE AS ADOPTED BY THE OHIO DIVISION OF STATE FIRE MARSHAL, DEPARTMENT OF COMMERCE, AND AS PUBLISHED IN CHAPTER 1301:7-7 OF THE OHIO ADMINISTRATIVE CODE. Attachments: OR23-23 OR23-23 Exhibit A Fire Chief Richard Haacke explained that the City's current Code refers to Ohio Fire Code Edition 2011. The proposed legislation would refer to the Ohio Fire Code "in its current edition" so that revisions to the City's Code are not necessary when the State Fire Marshal updates the Ohio Fire Code. Mayor McDonald requested a Motion to adopt Ordinance No. OR23-23. 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 OR24-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT SECTION 351.16 “FIRE LANES” OF THE TROTWOOD CODES OF ORDINANCES AND ENACTING NEW SECTION 351.16 “FIRE LANES” TO MODIFY AND UPDATE REGULATIONS PERTAINING TO FIRE LANES IN THE CITY OF TROTWOOD. Attachments: OR24-23 OR24-23 Exhibit A Fire Chief Richard Haacke shared that the City's current Code refers to Madison Township, which no longer exists due to the merger in 1996. The proposed legislation removes references to Madison Township and updates the designation of fire lanes in the City of Trotwood. Mayor McDonald requested a Motion to adopt Ordinance No. OR24-23. A Motion was made by Councilmember Vaughn, 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 City of Trotwood Page 7 City Council Meeting Minutes - Final September 5, 2023 OR25-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT SECTION 1103.01 “THOROUGHFARE PLAN” OF THE TROTWOOD CODES OF ORDINANCES AND ENACTING NEW SECTION 1103.01 “THOROUGHFARE PLAN” TO CORRECT A SCRIVENER’S ERROR. Attachments: OR25-23 OR25-23 Exhibit A Planning and Development Director Debbie McDonnell explained that the Thoroughfare Plan depicts all of the roadways within the City of Trotwood - primary, secondary, and ancillary. She further explained that the current Code regarding the Thoroughfare Plan refers to legislation related to the sewer plan. Therefore, the proposed legislation corrects the referenced legislation to which the Thoroughfare Plan is attached. Director McDonnell reiterated that there are no changes to the Plan. Mayor McDonald requested a Motion to adopt Ordinance No. OR25-23. 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 OR26-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT CHAPTER 1353 “FIRE SAFETY” OF THE TROTWOOD CODES OF ORDINANCES IN ITS ENTIRETY. Attachments: OR26-23 Fire Chief Richard Haacke shared that this Section is contained in Ordinance No. OR23-23 and is therefore redundant. The proposed legislation will repeal this Section in its entirety. Mayor McDonald requested a Motion to adopt Ordinance No. OR26-23. 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 City of Trotwood Page 8 City Council Meeting Minutes - Final September 5, 2023 OR27-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL AMENDING CHAPTER 1189 “SUPPLEMENTAL REGULATIONS” OF THE TROTWOOD CODES OF ORDINANCES BY ENACTING NEW SECTION 1189.21 “FOOD TRUCK AND MOBILE VENDORS” TO ADD REGULATIONS FOR FOOD TRUCK AND MOBILE VENDORS, AND DECLARING AN EMERGENCY. Attachments: OR27-23 OR27-23 Exhibit A Planning and Development Director Debbie McDonnell stated that Food Trucks were inadvertently dropped from the City's Code and that this legislation adopts regulations applicable to Food Truck and Mobile Vendors. The proposed legislation is based on the previous verbiage with a few updates to ensure the regulations are current with today's conditions. Mayor McDonald mentioned seeing various Food Trucks showing up in different locations throughout the City and asked how is it being communicated that there are rules that must be followed. Director McDonnell explained that her department works hand-in-hand with the Fire Department and that the Fire Marshal inspects all Food Trucks so he instructs them on the necessary steps to obtain a permit if they haven't already. She added that a one-year grace period has been instituted so that people have time to learn and understand the regulations. Director McDonnell advised that the permit also provides details to the Income Tax Department to ensure vendors are paying the proper income tax, if applicable. Vice Mayor Page asked if vendors are allowed to be anywhere in the City. Director McDonnell stated that they can only be in areas zoned for commercial use and the permit application is how the City confirms that Vendors will be in compliance with zoning regulations. Councilmember Vaughn asked about the permit from the Health Department. Director McDonnell explained that permits are issued by the County Health Department where the vendor resides and that the Fire Marshal reviews the permit to be sure it is a current. She shared that annually, vendors must obtain a permit from the City, the Fire Department, and the Health Department. Vice Mayor Page asked if vendors are only allowed to operate during certain times of the year. Director McDonnell explained that permits are not limited to certain months, they are available all year. Mayor McDonald requested a Motion to adopt Ordinance No. OR27-23, as an emergency. 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 City of Trotwood Page 9 City Council Meeting Minutes - Final September 5, 2023 OR28-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING SECTION 705.09 “BUSINESS LICENSE FEE SCHEDULE” OF THE TROTWOOD CODES OF ORDINANCES AND ENACTING NEW SECTION 705.09 “BUSINESS LICENSE FEE SCHEDULE” TO ADD FOOD TRUCK AND MOBILE VENDORS TO THE CITY’S BUSINESS LICENSES, AND DECLARING AN EMERGENCY. Attachments: OR28-23 OR28-23 Exhibit A City Manager Pope explained that this proposed legislation is based on Ordinance No. OR27-23 and allows the City to add Food Truck and Mobile Vendors to the list of businesses required to obtain a permit in order to operate within the City limits. Mayor McDonald requested a Motion to adopt Ordinance OR28-23, as an emergency. 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 XIII. 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 Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page XIV. Resolutions R23-46 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ESTABLISHING VARIOUS PERMIT FEES, ADMINISTRATIVE FEES AND SERVICE CHARGES TO BE COLLECTED BY THE CITY OF TROTWOOD, OHIO. Attachments: R23-46 R23-46 Exhibit A Deputy City Manager Kellum stated that the main changes to the Table of Fees, which is reviewed annually, were due to inflationary costs, contract renewals, competitiveness, and to add the Food Truck and Mobile Vendors. Mayor McDonald requested a Motion to approve Resolution No. R23-46. 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 City of Trotwood Page 10 City Council Meeting Minutes - Final September 5, 2023 XV. Staff Reports SR23-22 A Request to transfer a Liquor Permit from Zaina Operations Three, Inc., 4051 Salem Avenue, Trotwood, Ohio 45416, to Jay Bajrang LLC, 4051 Salem Avenue, Trotwood, Ohio 45416. Attachments: SR23-22 Transfer Request Chief Erik Wilson explained that this is a request to transfer a liquor permit (C-1, C-2, and D-6) and that the department has no objections at this time and recommends Council approve this request without comment. Mayor McDonald mentioned that she is noticing more permit transfers. Chief Wilson shared that he believes some of these individuals are working together as he is noticing some of the same names. Chief Wilson commented that the State oversees the liquor permit process so it is incumbent upon them to identify any unlawful activity. Councilmember Finley asked if the applicant was applying for Sunday sales (D-6). Chief Wilson explained that the current permit already allows Sunday sales and that this request is simply transferring the permit to another owner. 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 Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page Abstain: 1- Councilmember Finley XVI. Old and New Business XVII. Comments City of Trotwood Page 11 City Council Meeting Minutes - Final September 5, 2023 A. Clerk of Council: Announcements The City of Trotwood is inviting all residents to attend the Public Launch for the Community Communications Strategy Project on either September 8th from 6:00 to 8:00 p.m. or September 9th from 10:00 a.m. to noon. These sessions will be held at the Goodwill Easterseals West Campus located at 735 East Main Street in Trotwood - the content will be the same for both sessions. This will be the first of two engagements that will allow residents to provide insight into how they want the City to communicate with them as a valued resident of the Trotwood community. The Public Launch will give residents the opportunity to get up-to-date information on the project and to sign up for upcoming in-person events. You can read more about the Project and complete a Community Communications Strategy Project Survey at www.trotwoodspeaks.com. Please contact Cheryl Wheeler, Assistant to the City Manager, at 937-854-7215 or cwheelertrotwood.org with any questions you may have. City of Trotwood Page 12 City Council Meeting Minutes - Final September 5, 2023 B. 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 shared that she is glad to be back in session and she thanked the Clerk of Council for her meticulous work and appreciates Director McDonnell giving praise where due. She also shared that she has received calls regarding Townview and that matters are being looked into and they are working diligently to address them. Councilmember Vaughn reiterated appreciation for the Clerk of Council and stated that he wanted to address an issue that many remain silent about; recreational marijuana. He shared that he knows a former law enforcement officer who moved to the Denver area and listening to him, the consequences of passing legislation allowing recreational marijuana has completely changed that entire region. He has great concern about the monies allocated for those anticipated to have mental health issues as a result of marijuana use; he was told that their high school graduation rates are down and college entrance reduced; he also has concerns for things like the number of traffic accidents with injuries/fatalities, insurance premiums, and crime rates. Councilmember Vaughn asked residents to give serious thought to their vote on this issue. Vice Mayor Page stated that she did not stop serving when Council was out of session. She discussed the Retreet Program and how they gave trees to residents after the tornado, of which the majority of residents were in her Ward, Ward 2. She extended an invitation to anyone who participated in the program to a celebration event to be held on September 23 at 6:00 p.m. at Top of the Market and that you must RSVP. She also reminded citizens to hug seniors and make sure they are OK. Councilmember Gales shared that she had an opportunity to attend NLC's WIMG Conference and that one of the best sessions was on civility. She believes civility has gone by the wayside all around the country and she learned that government offices are starting programs to try to bring it back. Councillmember Gales is going to see about bringing a program on civility to Trotwood; she is not saying the City is not civil, but it is good information that is available to everyone. Lastly, she thanked City staff for their Facebook posts as she sees a lot of relevant information there. Councilmember Finley thanked the two presenters, Dr. Rouse and the Sisters of the Precious Blood and added that August was a very busy month for her as well and while she wasn't in session, she was out serving. She shared that she had the great opportunity to start a tomato ministry and she meet many neighbors in the process so she looks forward to continuing the ministry next year and meeting more people. Councilmember Kelley reported that the bridge will be opening soon and pointed out that he asked the City Manager to have someone from the County attend a Council meeting. Further, he shared that had heard from around a hundred citizens, friends, neighbors, and relatives asking about the bridge, which is what moved him to ask to have the County attend a Council Meeting. He stated that Engineer Gruner and his staff attended the April 3, 2023 Council Meeting and many citizens with complaints attended. Councilmember Kelley explained that while he was respectful, he did not take it easy on Engineer Gruner, and he believes it was disrespectful for them to drag their feet as the City of Trotwood Page 13 City Council Meeting Minutes - Final September 5, 2023 road had been closed for about a year and further, he learned that they hadn't even taken any construction bids. Councilmember Kelley reported that the bridge should be open before the end of week or by the first of next week and while that makes him very happy, he wanted residents to know that he told the County that they need to treat Trotwood the same as wealthier communities because Trotwood people count too. Councilmember Kelley ended by stated that some things just needed to be said and they were said that night. C. City Manager City Manager Quincy Pope shared that recently, Council passed legislation regarding things like parking of trucks and trailers on roadways and group homes, and that the community is the reason for such aggressive actions. He advised that he, along with the Mayor and Council, and City Staff, receive complaints regarding issues such as these so he wanted to remind everyone that the community drives what happens and why aggressive legislation has been passed. Further, he let residents know that these new Ordinances will be enforced. City of Trotwood Page 14 City Council Meeting Minutes - Final September 5, 2023 D. Mayor Mayor McDonald expressed her gratitude to the Clerk of Council, City Manager, Deputy City Manager, Law Director, and Supervisor of Operations for the work they are doing to restore operations at Bear Creek Cemetery. She has received many positive comments thanking the City for taking action to help residents. Mayor McDonald shared that last Friday was the fourth First Friday of the Month event and the City recognized the Food Service Department from Trotwood-Madison Schools. She was very pleased to see so many employees come out to be recognized for their hard work and reminded everyone that we need to remember those who work hard in the community and with our children as we sometimes forget about their contributions. Further, Mayor McDonald shared that she attend an event at Salem Bend Condominiums to thank those who stood by them after the tornado and also to recognize the great things that have been happening in their area. Mayor McDonald advised that she also attended NLC's WIMG Conference and shared that she remembers talking about civility when she first came on Council over 18 years ago, and that it is still a topic to be discussed. She expressed the importance of knowing that while individuals can disagree on issues, it is how you deal with the disagreement that matters. She commented that violence is way too high because she believes people are too quick to act when they experience a disagreement and the current climate affects all of us. She added that it takes cool heads to work together and be effective. Mayor McDonald then gave some background on the Free Pike bridge closure. She explained that City Staff found the problem with the bridge and they contacted the County Engineer's Office who determined the issue could be life threatening so they made the decision to close the bridge. Further, in regards to bids, no one submitted bids after the first Request for Proposals so the County had to do a second request. Mayor McDonald stated that the Engineer's Office paid for the project from their budget even though it was an unplanned expense. She also reminded everyone that Engineer Gruner stated that had he of waited to receive a grant for the project (as is common practice), it could have taken up to five (5) years to complete. Mayor McDonald beleives Engineer Gruner made Trotwood a priority and commended him and his staff for working to keep Trotwood residents safe. Mayor McDonald believes that others do respect the City of Trotwood and it is a relevant community; everyone should be proud. She ended by reiterating Code Enforcement matters and it helps make a community desirable. XVIII. Adjourn Mayor McDonald asked for a Motion to adjourn the meeting. Councilmember Finley made a Motion and the meeting was adjourned at 7:40 p.m. City of Trotwood Page 15

Agenda

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Agenda - Final Tuesday, September 5, 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 Agenda - Final September 5, 2023 I. Call to Order II. Invocation III. Pledge of Allegiance IV. Roll Call V. Approve the Agenda VI. Enter into Executive Session SR23-23 The Trotwood City Council will move into Executive Session pursuant to Section 121.22(G)(4) of the Ohio Revised Code, which allows for discussion regarding negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment. 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 and Recognitions PR19-23 Introduction of Max Fuller, Planner I Stephanie Kellum, Deputy City Manager Attachments: PR19-23 Attachment PR20-23 Family Reunion Weekend Charles Wheeler, Marketing Coordinator Parks and Recreation Department Attachments: PR20-23 Attachment X. Consent Agenda SR23-21 Minutes from the July 3, 2023 Regular City Council Meeting. Attachments: 2023-07-03 DRAFT Meeting Minutes City of Trotwood Page 2 Printed on 3/21/2025 City Council Meeting Agenda - Final September 5, 2023 R23-41 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE RENEWAL APPLICATION FOR THE PLACEMENT OF 70.778 TOTAL ACRES OF LAND OWNED BY TERRY C. AND DEBORAH K. HOHENBRINK, OF WHICH 31.600 ACRES OF LAND, PARCEL NO. H33 02309 0004, ARE LOCATED AT 720 NORTH SNYDER ROAD, AND 39.178 ACRES OF LAND (MORE OR LESS), PARCEL NO. H33 02309 0005, ARE LOCATED AT 688 NORTH SNYDER ROAD, IN AN AGRICULTURAL TAX DISTRICT IN ACCORDANCE WITH THE FARMLAND PRESERVATION ACT, SECTION 929.02 OF THE OHIO REVISED CODE. Attachments: R23-41 R23-41 Exhibit A R23-42 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO CERTIFY DELINQUENT CHARGES FOR SEWER SERVICE TO THE AUDITOR OF MONTGOMERY COUNTY, OHIO, FOR PLACEMENT ON THE TAX DUPLICATE. Attachments: R23-42 R23-42 Exhibit A R23-43 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO CERTIFY DELINQUENT CHARGES FOR WATER SERVICE TO THE AUDITOR OF MONTGOMERY COUNTY, OHIO, FOR PLACEMENT ON THE TAX DUPLICATE. Attachments: R23-43 R23-43 Exhibit A R23-44 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO CERTIFY DELINQUENT CHARGES FOR STORM DRAINAGE SERVICE TO THE AUDITOR OF MONTGOMERY COUNTY, OHIO, FOR PLACEMENT ON THE TAX DUPLICATE. Attachments: R23-44 R23-44 Exhibit A R23-45 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO CERTIFY DELINQUENT CHARGES FOR REFUSE COLLECTION TO THE AUDITOR OF MONTGOMERY COUNTY, OHIO, FOR PLACEMENT ON THE TAX DUPLICATE. Attachments: R23-45 R23-45 Exhibit A City of Trotwood Page 3 Printed on 3/21/2025 City Council Meeting Agenda - Final September 5, 2023 R23-47 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN OBSOLETE AND/OR SURPLUS POLICE DEPARTMENT VEHICLES AND EQUIPMENT AS NO LONGER NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING SAID VEHICLES AND EQUIPMENT TO BE SOLD TO LOCAL AUTO SALVAGE COMPANIES, AT PUBLIC AUCTION, AND/OR OTHERWISE DISPOSED OF. Attachments: R23-47 R23-47 Exhibit A R23-48 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED “DRIVE-THRU TRICK-OR-TREAT” EVENT TO SERVE THE PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000.00). Attachments: R23-48 R23-49 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED “COMMUNITY COMMUNICATIONS PROJECT” KICK-OFF EVENT TO SERVE THE PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00). Attachments: R23-49 23-16 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance approving the current replacement pages to the City of Trotwood Codes of Ordinances. 23-18 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance repealing current Chapter 953 “Cedar Hill and Ehrstine Cemetery Rules and Regulations” and enacting new Chapter 953 “Cemetery Rules and Regulations” to add Bear Creek-Hillgrove Cemetery and update the required maintenance of the grounds. 23-19 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance repealing current Section 927.05 “Removal of Empty Receptacles” and enacting new Section 927.05 “Removal of Empty Receptacles” to address waste receptacles left on the curb line or on the edge of the pavement for longer than twenty-four hours. City of Trotwood Page 4 Printed on 3/21/2025 City Council Meeting Agenda - Final September 5, 2023 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 OR23-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT SECTION 1501.01 “ADOPTION” OF THE TROTWOOD CODES OF ORDINANCES AND ENACTING NEW SECTION 1501.01 “ADOPTION” TO CONFORM WITH THE OHIO FIRE CODE AS ADOPTED BY THE OHIO DIVISION OF STATE FIRE MARSHAL, DEPARTMENT OF COMMERCE, AND AS PUBLISHED IN CHAPTER 1301:7-7 OF THE OHIO ADMINISTRATIVE CODE. Attachments: OR23-23 OR23-23 Exhibit A OR24-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT SECTION 351.16 “FIRE LANES” OF THE TROTWOOD CODES OF ORDINANCES AND ENACTING NEW SECTION 351.16 “FIRE LANES” TO MODIFY AND UPDATE REGULATIONS PERTAINING TO FIRE LANES IN THE CITY OF TROTWOOD. Attachments: OR24-23 OR24-23 Exhibit A OR25-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT SECTION 1103.01 “THOROUGHFARE PLAN” OF THE TROTWOOD CODES OF ORDINANCES AND ENACTING NEW SECTION 1103.01 “THOROUGHFARE PLAN” TO CORRECT A SCRIVENER’S ERROR. Attachments: OR25-23 OR25-23 Exhibit A OR26-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT CHAPTER 1353 “FIRE SAFETY” OF THE TROTWOOD CODES OF ORDINANCES IN ITS ENTIRETY. Attachments: OR26-23 City of Trotwood Page 5 Printed on 3/21/2025 City Council Meeting Agenda - Final September 5, 2023 OR27-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL AMENDING CHAPTER 1189 “SUPPLEMENTAL REGULATIONS” OF THE TROTWOOD CODES OF ORDINANCES BY ENACTING NEW SECTION 1189.23 “FOOD TRUCK AND MOBILE VENDORS” TO ADD REGULATIONS FOR FOOD TRUCK AND MOBILE VENDORS, AND DECLARING AN EMERGENCY. Attachments: OR27-23 OR27-23 Exhibit A OR28-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING SECTION 705.09 “BUSINESS LICENSE FEE SCHEDULE” OF THE TROTWOOD CODES OF ORDINANCES AND ENACTING NEW SECTION 705.09 “BUSINESS LICENSE FEE SCHEDULE” TO ADD FOOD TRUCK AND MOBILE VENDORS TO THE CITY’S BUSINESS LICENSES, AND DECLARING AN EMERGENCY. Attachments: OR28-23 OR28-23 Exhibit A XIII. Close Public Hearings XIV. Resolutions R23-46 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ESTABLISHING VARIOUS PERMIT FEES, ADMINISTRATIVE FEES AND SERVICE CHARGES TO BE COLLECTED BY THE CITY OF TROTWOOD, OHIO. Attachments: R23-46 R23-46 Exhibit A XV. Staff Reports SR23-22 A Request to transfer a Liquor Permit from Zaina Operations Three, Inc., 4051 Salem Avenue, Trotwood, Ohio 45416, to Jay Bajrang LLC, 4051 Salem Avenue, Trotwood, Ohio 45416. Attachments: SR23-22 Transfer Request XVI. Old and New Business City of Trotwood Page 6 Printed on 3/21/2025 City Council Meeting Agenda - Final September 5, 2023 XVII. Comments A. Clerk of Council: Announcements B. 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. C. City Manager D. Mayor XVIII. Adjourn City of Trotwood Page 7 Printed on 3/21/2025

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