City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Monday, February 26, 2024 6:00 PM Workshop with Executive Session Trotwood Community and Cultural Arts Center 4000 Lake Center Drive, Trotwood, Ohio 45426 City Council Mayor Yvette F. Page Vice Mayor Tyna R. Brown, Ward 4 Council Member Bettye L. Gales, Ward 1 Council Member Martha H. Clark, Ward 2 Council Member Charles Ron Vaughn, Ward 3 Council Member Rhonda C. Finley, At Large Council Member Denise Moore, At Large Clerk of Council Kara B. Landis City Council Meeting Minutes - Final February 26, 2024 I. Call to Order Mayor Page called the meeting to order at 6:00 p.m. II. Pledge of Allegiance Mayor Page led the Pledge of Allegiance. III. Roll Call Clerk Landis took Roll Call. Present: 7 - Council Member Gales, Council Member Moore, Council Member Clark, Council Member Finley, Council Member Vaughn, Vice Mayor Brown and Mayor Yvette F. 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, Planning and Development Director Debbie McDonnell, TCIC Executive Director Chad Downing, TCIC Project Manager Derek Williams, Chief Richard Haacke, Chief Erik Wilson, and Deputy Chief Mark Ecton. VISITORS PRESENT: Sister Judy Kroeger. IV. Approve the Agenda Mayor Page requested a Motion to approve the Agenda. A Motion was made by Vice Mayor Brown, seconded by Council Member Vaughn, and the Motion CARRIED by the following vote: Aye: 7- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Finley, Council Member Vaughn, Vice Mayor Brown and Mayor Page V. Executive Session SR24-07 The Trotwood City Council will move into Executive Session pursuant to Section 121.22(G)(3) of the Ohio Revised Code, which allows for discussion with an attorney for the public body concerning pending or imminent court action. Mayor Page requested a Motion to enter into Executive Session pursuant to Section 121.22(G)(3) of the Ohio Revised Code, which allows for discussion with an attorney for the public body concerning pending or imminent court action. A Motion was made by Vice Mayor Brown, seconded by Council Member Vaughn, and the Motion CARRIED by the following vote: Aye: 7- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Finley, Council Member Vaughn, Vice Mayor Brown and Mayor Page City of Trotwood Page 1 City Council Meeting Minutes - Final February 26, 2024 VI. Adjourn Executive Session Mayor Page requested a Motion to adjourn the Executive Session. A Motion was made by Vice Mayor Brown, seconded by Council Member Finley, and the Motion CARRIED by the following vote: Aye: 7- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Finley, Council Member Vaughn, Vice Mayor Brown and Mayor Page VII. Special Presentations PR06-24 City of Trotwood Codes of Ordinances, Housing Standards, and the Planned Unit Development (PUD) Process Presented by Debbie McDonnell, Director Planning and Development Department Director Debbie McDonnell referred to her memo distributed to Council entitled "Planning Department PUD Review." She highlighted a few of the details explaining that a PUD (Planned Unit Development) is used when a developer wants to do multiple types of developments that don't comply with straight zoning districts. Director McDonnell stated that Chapter 1140 of the Trotwood Codes of Ordinances addresses the PUD process. She pointed out the factors considered by staff to ensure the project is legal within the City and stressed the most important of those is "Land Use" to ensure the proposed use is appropriate for the site chosen. Director McDonnell also included on her handout, the standards and criteria for approval, which are the guidelines used by the Planning Commission to debate the application prior to making their decision. She added that staff also make recommendations regarding certain matters like variances, and specify provisions about items such as applying for their final permits. Lastly, she provides the Commission with their voting outcome options. City of Trotwood Page 2 City Council Meeting Minutes - Final February 26, 2024 PR07-24 Disaster Recovery Funds, the Development Process, and Site Selection Presented by Chad Downing, Executive Director Trotwood Community Improvement Corporation Attachments: PR07-24 Information Sheet TCIC Executive Director Chad Downing reviewed the details of his presentation regarding Disaster Recovery funds (attached). He stating that Trotwood, specifically Zip Code 45426, was identified by the County, HUD, the Ohio Department of Development, and other agencies as one of the hardest hit communities by the 2019 tornadoes, which is the foundation of the Disaster Recovery fund ("DR"). Director Downing shared that the disaster recovery plan, drafted by the State with input from the County, was unfortunately delayed due to COVID-19. He stated that OHFA (Ohio Housing Finance Agency) is administering a large portion of the $12 million set aside for DR funds. Of that amount, the largest portion, nearly $10.5 million, is dedicated to replacing rental housing lost as a result of the tornadoes. Director Downing shared that the City received a lot of interest from developers since Trotwood is where the projects have to be deployed in order to use DR funds. However, he focused on local developers for these projects not only to build better working relationships around the area, but also to see evidence of their existing properties, new and old. Director Downing shared that the CIC owns several parcels of surplus property throughout the City of Trotwood and that they own this site, which was acquired through tax foreclosure after abandonment. He stated that he believed it was very important for the CIC to own these parcels of land due to the potential future development of Main Street based on several different use plans i.e. the City's Comprehensive Plan, Land Use Plan, and the Yard and Company Main Street Plan, which clearly identifies this site for mixed-use development. He added that they actually took a less-dense approach for these housing projects than the Yard and Company plan proposed due to the natural features of the site and a natural gas line that runs through the property. He added that the developers have worked hard to maximize the land use of this site while keeping people safe from the gas line and potentially driving people to the Main Street area. Further, Director Downing added that he expects this project to be a catalyst to bring more small businesses and residents to the City. Director Downing explained that after learning of the developers and discussing potential locations, everyone found this site to be a good consideration for a mixed-use development. He then reviewed that the Planning Commission approved the Preliminary PUD by unanimous vote on June 28, 2022; and, City Council approved the same plan unanimously on September 6, 2022. Director Downing added that there is remaining space on this site for future commercial developments such as restaurants and recreation areas so to provide desired amenities within the community. Director Downing then explained that the Planning Commission reviewed and City of Trotwood Page 3 City Council Meeting Minutes - Final February 26, 2024 approved the Final PUD (all three developments) by unanimous vote on January 23, 2024 and now, the Final PUD will go before City Council during their Regular Meeting on March 4, 2024. Director Downing also pointed out that this site will promote walkability, as well as it is in close proximity to public transportation. Director Downing reviewed an overall site map to demonstrate all that will be developed in relation to the several nearby amenities. He added that in the economic development industry, the previous mantra of "location, location, location" has transitioned to "where is my workforce, what is their quality of life, what's their housing situation, and do you have a site I can use in your community." He stated that when looking at programs for infrastructure funding, one of the key questions is about housing availability; housing is currently the top buzz word in economic development. Further, he shared that there are approximately 250 jobs coming to the Trotwood community, and the sites available for future developments and their employees will only increase the need for this affordable housing. Director Downing explained that this development also has the opportunity for commercial sites; however, in speaking with site-seeking developers, the biggest challenges are the low traffic counts and low population density. Director Downing believes that these housing projects will make the community much more attractive to developers, enticing them to relocate to Trotwood. He also emphasized that there is space for recreational activities, such as a park, to tie into the fabric of Main Street and the bike path. Director Downing shared reports from the program "Placer.ai" which is powered by cell phone data. He explained that this tool provides the CIC with the same data that developers are reviewing so now the CIC can understand more about why developers place their businesses is certain locations. He shared areas of opportunity, to include amenities like full-service restaurants, and reiterated this data supports his comments earlier about being driven by traffic counts and density. Director Downing went on to provide a broad overview of the tax impact of this development and stated that annually, these developments could generate approximately $125,000 in income taxes and $28,000 for the Street Fund. In regards to Property Tax, approximately $115,000 per unit would be generated annually. Director Downing introduced the three developments that will be a part of this project. The "At Main" development is by CountyCorp and Oberer Companies. Pivotal will be developing "Jalen Lots" with the help of the CIC as a silent partner and the "Flats at Wolf Creek" are being developed by St. Mary's Development Corporation. Director Downing ended by summarizing that the City's objective was to find the best location to deploy these disaster recovery funds and that it has been a long four (4) year process in order to bring replacement housing to Trotwood. He added that the process included decision-making, site selection, the OHFA competitive application process, and in the end, these three developers, who met all of the criteria, were awarded the funding. City of Trotwood Page 4 City Council Meeting Minutes - Final February 26, 2024 Council Member Moore asked if, as part of the planning process, residents and stakeholders have had the opportunity to provide input on these developments. Director Downing explained that there are requirements in place related to noticing public meetings and public hearings. Council Member Moore asked if there was much participation. Director Downing shared that as with most other projects, unfortunately there is very little participation. She then asked if the school district was notified of the projects and Director Downing answered that he did not believe so. Council Member Finley asked when the City will begin receiving the taxes to be generated from the $10.5 million estimated total taxable value. Director Downing stated that he anticipates the tax revenue to begin around 2026 because property taxes are paid in arrears. Council Member Finley then asked about abatement agreements with the developers. Director Downing shared that there are no agreements at this time. Council Member Finley wanted to know the role of the CIC as a silent partner with Pivotal on the "Jalen Lots" project. Director Downing explained that the CIC's role relates to funding in the form of a $50,000 loan. He added that while the CIC will generate some income from this partnership, which is important because they are self funded, it is a step forward for the CIC as it helps them to gain more experience as they move into the development stage. Lastly, Council Member Finley asked what percentage of income will the CIC receive. Director Downing advised that the generated income will be a lump sum amount based on the total transaction; which he believes to be around $20,000. City of Trotwood Page 5 City Council Meeting Minutes - Final February 26, 2024 PR08-24 “At Main” Presented by Bob McCann, COO/CFO Oberer Residential Construction, LTD; and Adam Blake, Vice President of Housing CountyCorp Attachments: PR08-24 Presenter Sheet COO/CFO Bob McCann of Oberer Companies reviewed the details of his presentation (attached). He corrected one detail on the slide entitled "County Corp" stating that they have created or renovated over 600 units of affordable housing in Montgomery County, not 200. Mr. McCann shared that they added the playground as requested by the Planning Commission, and while it is not required, it is something they typically include with their similar developments. He stated that the playground site is pushed back slightly due to some monarch trees. He added that while they had an opportunity to remove the trees and replace them, they preferred to preserve the larger trees and push back the playground at their expense. Mr. McCann explained that one of the issues discussed at the Planning Commission meeting was security and access control. He commented that a resident's safety is very important to their company so they have given this a great deal of thought and reviewed the systems they plan to put in place. Mayor Page asked about their on-site management. Mr. McCann explained that there will be staff on-site five days a week from 8 a.m. - 5 p.m. which is what they find to be sufficient based on other properties. However, they do have an online portal to submit maintenance requests, pay rent, etc. Vice Mayor Brown asked if the cameras will be monitored or if they will only record activity. Mr. McCann stated that the will record activity which will be saved to the internet as monitoring is cost prohibitive; further, they find the mere sight of cameras tends to be a great deterrent. Council Member Finley asked if the rendering showed a detention pond and if so, will it be secured for safety. Mr. McCann answered that yes there is a detention pond and should it be secured, it may stop people from getting in; however, it also makes it more difficult if someone does get in. Historically they have not fenced around any of their ponds and have not had any issues. Law Director Conard asked, in anticipation of the Planning Commission meeting on Tuesday (02/27/2024), the square footage of the proposed playground. Mr. McCann did not know the exact square footage, but stated that it is comparable to what they have done in other communities with a similar number of units, which seems to be sufficient. Law Director Conard then asked about some type of safety concept/idea regarding Wolf Creek, again in regards to the upcoming Planning Commission meeting. Mr. McCann stated that Wolf Creek is a very difficult issue to address and shared that while it is a legitimate concern, they don't have an answer at this time that's going to be more effective than the dense vegetation that is already in place. He added that his development believes fencing their property sets a negative tone and further, City of Trotwood Page 6 City Council Meeting Minutes - Final February 26, 2024 the open space owned by the CIC would cause any fencing by the developers to be ineffective. City of Trotwood Page 7 City Council Meeting Minutes - Final February 26, 2024 PR09-24 “Jalen Lofts” Presented by Nick Klein, Financial Analyst Pivotal Housing Partners Attachments: PR09-24 Presenter Sheet Financial Analyst Nick Klein from Pivotal reviewed the details of his presentation (attached). Vice Mayor Brown asked if the property manager will live on site. Mr. Klein stated that the property manager will be there for a certain number of hours, but that they will be on call 24/7; they will not live on site. Vice Mayor Brown asked about the security features of the property. Mr. Klein advised that in addition to the secured entryways, they will have cameras in the common areas and in the parking lot; and all outdoor areas, such as the playground, will be well lit. Vice Mayor Brown then asked if there was any information Mr. Klein could provide to Council since they already have a development in the community; she asked if they are 100% occupied. Mr. Klein stated tjat the Senior Lots are 100% occupied and they filled up in approximately three months. Further, the last he knew they had a waiting list. He added that their goal is to create an "age-in-place" community between "Jalen Lots" and the "Senior Lofts." City Manager Pope raised a couple of concerns with the "Senior Lofts" regarding the timeliness of addressing work orders and reports of occupants who are not supposed to be on the property; he would like to know their plan to address these issues. Mr. Klein advised that he would escalate these concerns to the highest level and that they are long-term owners so stewarding the community well and being a good neighbor is very important to them. Council Member Vaughn asked Mr. Klein if he had data regarding the average age of occupants living in the "Senior Lots." Mr. Klein advised that the average age across all of their properties is 80 years old; he did not have data relating to only the "Senior Lofts." Council Member Vaughn asked about the number of service calls. Mr. Klein did not have that data, but explained some of the safety features within the building and each unit. Council Member Vaughn shared that they must consider the call load for the community as a whole, not just one location. Council Member Gales asked what measures are in place to let seniors know when there is an issue. Mr. Klein shared that when a new resident moves in they are encouraged to discuss matters of concern with their trained management staff; they might also distribute flyers, work with community partners, etc. Council Member Gales commented that most seniors are afraid to make reports and asked if something could be put in place to keep them anonymous. Mr. Klein shared that he is not a trained property manager, but that he is certain there are guidelines in place so residents are not afraid to discuss their concerns. Council Member Moore asked City Manager Pope if he knows the data regarding the number of service calls. City Manager Pope stated that in their first year, EMS has been called to the "Senior Lots" 75 times. Mr. Klein shared that their goal is to be sure residents are safe and while the do their best to City of Trotwood Page 8 City Council Meeting Minutes - Final February 26, 2024 address these issues, ultimately it is a senior living setting and residents will have falls or other accidents. Vice Mayor Brown commented that it's only because Pivotal already has a development in the community that Council is able to ask these questions. However, because he doesn't have answers to a lot of the questions being asked, she would like to know how Council and the community can receive answers. Mr. Klein understood her point and appreciated their concern about proper communication. He then offered to stay after the meeting to take down any concerns regarding the "Senior Lofts" so that he can address them properly. Council Member Moore asked if they have a pet policy and Mr. Klein stated that their property is pet friendly. Council Member Moore also asked if certain accommodations have been made for pets, such as a walking path, park, etc. Mr. Klein reiterated that there will be sidewalks, green space, and recited the concept of the development being "walkable." Council Member Vaughn asked how many stories high their building will be. Mr. Klein stated that the highest point on "Jalen Lots" is approximately 46 feet. Council Member Vaughn asked Chief Haacke if the Fire Department has the appropriate equipment to access this height. Chief Haacke confirmed that the Fire Department has the necessary equipment to effectively address any issues with these buildings. Council Member Vaughn asked about the clearance in parking lots, etc. for trucks and equipment. Fire Chief Haacke explained that all site plans are reviewed before approval and are required to have dedicated space for emergency vehicles. City of Trotwood Page 9 City Council Meeting Minutes - Final February 26, 2024 PR10-24 “The Flats at Wolf Creek” Presented by Wesley Young, Vice President St. Mary’s Development Corporation Attachments: PR10-24 Presenter Sheet Vice President Wesley Young of St. Mary Development Corporation reviewed his presentation (attached). Mr. Young shared that they have worked with Pivotal for many years on several different developments in Montgomery County. Mr. Young explained that the playground and gazebo will be used by both "Jalen Lofts" and the "Flats at Wolf Creek." Mr. Young shared that there will be some synergy between "Jalen Lots" and the "Flats " when considering property management. He explained that the standard threshold is one property manager per 80 units and between the two projects there are a total of 131 units. Therefore, they plan to share one full-time property manager and one part-time property manager (20-25 hours per week); this standard will also apply to the maintenance staff, 1 full-time and 1 part-time. Mr. Young expressed his excitement about this development and serving the City of Trotwood. Vice Mayor Brown asked about other local buildings they own. Mr. Young shared that they have developed 36 local properties; however, they no longer own/manage all of these buildings. Mr. Young explained that they have two lines of business, the other is resident services, which will apply to "Jalen Lots" and the "Flats." He added that they are CORES certified and only 50 or so organizations have earned this high level credential for resident services. He shared that they have more coordination of resident services for seniors due to their ongoing needs, whereas families are more about when the need arises. Mr. Young shared that St Mary's maintains an emergency assistance fund to help resident stay on their feet, in circumstances they deem appropriate. Mr. Young stated that their buildings are built by top quality contractors and age well. He added that they come to communities to serve for the long run. Mr. Young also explained that they maintain a capital improvement fund in order to address any issues that may arise. Vice Mayor Brown asked about their security measures. Mr. Young said there will be a lot of cameras and they plan to install additional cameras in relation to Wolf Creek. He shared that they do background checks, credit checks, and residents are expected to follow their established rules. He stated that they typically work to resolve resident issues; however, in order to protect all residents, they will ask violators to leave if they don't comply. He also pointed out that the tax credit world is highly regulated; lenders, and other stakeholders, do regular inspections. Council Member Moore asked if in addition to their benevolent fund, do they offer any other programs or activities. Mr. Young shared that with senior living City of Trotwood Page 10 City Council Meeting Minutes - Final February 26, 2024 developments, they partner with several other service groups to provide things like Affordable Groceries, Meals on Wheels, etc.; however, with families, you don't see the same needs because they are more established in their own activities. Council Member Vaughn asked about the terms of their leases. Mr. Young said they offer one-year leases and they do income certifications before renewing a lease. He explained that they may offer a six-month lease after someone has been there for a year to accommodate those who may be transitioning i.e. buying a home, relocating, etc. Council Member Vaughn asked about the number of occupants allowed in a unit. Mr. Young shared how they might discover such violations when they do inspections or from other reports and that such issues are addressed with the lessee. He added that they try to work with residents before having to evict them, but they will do so if issues are not remedied. Council Member Vaughn asked about challenges when processing an eviction in Montgomery County. Mr. Young commented that while it can be difficult, he believes they have the right attorneys who can resolve such matters. Mr. Young discussed rent ranges and the adjusted median income percentage adjustments. Mayor Page was unclear on the information he was quoting. Mr. Young clarified that he was simply trying to explain the concept to show there is a broad range of affordable housing needs. Council Member Vaughn mentioned the strain this could cause on the school district. Mr. Young said that he has been asked similar questions in the past. He explained that they previously did a study based on a similar project and it showed that enrollment increased by approximately two children per grade. Law Director Conard asked for clarification if the common areas he mentioned were dedicated to this project or if they are available for all three projects. Mr. Young stated that each project will have their own common areas, with the exception of the playground, which will be shared between "Jalen Lots" and the "Flats." Vice Mayor Brown commented that she believes the majority of Council would like citizen input and asked Mr. Young what date he is wanted an answer from Council. Mr. Young stated that they are trying to close on the property so they can get started and that they have already made a significant investment. He added that they are anxious to lock in their interest rate and keep building on the momentum they have going. Vice Mayor Brown shared that she understands his concerns, but because Council has not had an opportunity to engage with citizens regarding the development, she feels it is important for Council to be transparent with those who elected them. She asked Mr. Young if they have any leeway as to when Council must vote. Director McDonnell explained that the City has notification requirements when publishing for public meetings and public hearings and added that they have 45 days from the date Planning Commission made their recommendation. Law Director Conard questioned the timing because the Planning Commission will be meeting on Tuesday (02/27/2024) to further discuss the projects. Director McDonnell clarified that they will be meeting to review ancillary recommendations for staff approval, not requirements to be voted on by the Commission and therefore, it is her opinion that the time began when the Commission approved the Final PUD applications on January 23, 2024. Director City of Trotwood Page 11 City Council Meeting Minutes - Final February 26, 2024 McDonnell reiterated that the City has done all of the required notifications in order to engage public input. Vice Mayor Brown asked for more specifics regarding the Planning Commission public hearing. Director McDonnell stated that one resident who owns an adjoining property attended and her input is the reason they developed a security plan. Director McDonnell added that it is not uncommon for no one to attend public hearings and to keep in mind that developers are not looking for input on the number of units, the size of the units, or even how the project will look because those decisions are all driven by Code. Vice Mayor Brown then asked if any of the Planning Commission members are residents that live nearby the proposed projects. Director McDonnell stated that they all own single-family homes. Mayor Page asked for clarification on the Planning Commission meeting scheduled for tomorrow (02/27/2024). Director McDonnell explained that the Planning Commission will be holding their regular meeting and will review the previously requested items; plans for the playground on the "At Main" site, and a security plan as it relates to Wolf Creek. VIII. Adjourn Council Member Moore asked if this is the first City Council is hearing about this project. Law Director Conard explained that the timeline for such projects is set forth in the Code as eluded to by Director McDonnell and while there have been other discussions along the way, this would be the first time Council is hearing details of the project in its totality. Mayor Page asked Council if there were any further questions. Hearing none and seeing none, Mayor Page adjourned the meeting at 9:00 p.m. City of Trotwood Page 12