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City Council

Regular Meeting

Trotwood, OH · March 4, 2024

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City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Monday, March 4, 2024 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 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 March 4, 2024 I. Call to Order Mayor Page called the meeting to order at 6:00 p.m. II. Invocation Mayor Page gave the Invocation. III. Pledge of Allegiance Mayor Page led the Pledge of Allegiance. IV. Roll Call Clerk Landis took Roll Call and advised that Council Member Finley is out of town and unable to attend the meeting and she respectfully requests an excused absence. Present: 6 - Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Yvette F. Page Excused: 1 - Council Member Finley 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, Marketing Coordinator Charles Wheeler, Code Enforcement Supervisor Max Fuller, TCIC Executive Director Chad Downing, and TCIC Project Manager Derek Williams. VISITORS PRESENT: Robert McCann, Wes Young, Adam Blake, Trudy Woods, Karen Mohme, Dave Mohme, Bruce Kettelle, Bev Perry, Edward Perry, Christopher Sanders, Mr. and Mrs. Alvin Cotton, Bernita Thomas, Gregg McNair, Fred Morgan, Sister Mary Garke, Sister Martha Bertke, Karla Merchant-Parrish, Christopher Nalls, Gretchen Kenny, Sherri Waggoner, Vanessa Postway-Dewberry, Anna VonFahnestock, Karen Rollins, Janet Foote, JoAnne Orihood, Tom Grady, Dawn Wojcik, Hortense Lumpkin, Aaron Lumpkin, and Janice Chinn. V. Approve the Agenda Mayor Page requested a Motion to approve the Agenda. A Motion was made by Vice Mayor Brown, seconded by Council Member Brown, and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page City of Trotwood Page 1 City Council Meeting Minutes - Final March 4, 2024 Excused: 1- Council Member Finley VI. Executive Session SR24-08 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 reappointment of a public employee; and, 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. A Motion was made by Vice Mayor Brown, seconded by Council Member Clark, and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley VII. Adjourn Executive Session Mayor Page requested a Motion to adjourn the Executive Session. A Motion was made by Council Member Vaughn, seconded by Vice Mayor Brown, and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley City of Trotwood Page 2 City Council Meeting Minutes - Final March 4, 2024 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. Mr. Bryan Mobley of 702 East Main Street shared that they need a maintenance man to do general cleaning at the Trotwood Senior Lofts. He stated that they need someone who does more than take out the trash, he means sweeping and moping. He also said that they need a landlord who will listen to tenants and added that he is not here to get anyone fired, but is asking for someone to listen to their concerns. He suggested maybe staff needs more training. Mr. Mobley also expressed his concern with germs due to lack of cleaning and protecting those who have underlying conditions. Ms. JoAnne Orihood of 14 Oak Street thanked the Public Works Department and Parks and Recreation for their work to clean up north of the creek, north of Madison Park. She shared that you can now see the creek from the walkway and you can even go down to the creek; she hopes it stays that way. She added that she is very thankful and it looks very nice. Ms. Orihood stated that she is very pleased with the turnout at the meeting and hopes citizens continue to come and listen to what goes on in Trotwood in order to have true information. Ms. Bernita Thomas of 702 East Main Street said they have no supervision or management at the Trotwood Senior Lofts. She stated that she doesn't understand why more buildings are coming to Trotwood because the Senior Lofts are running themselves. Ms. Thomas said she would like to speak with someone from Pivotal. Mr. Fred Morgan of 702 East Main Street said that management at the Trotwood Senior Lofts is terrible. He shared that the handicap button and the phone don't work. He explained that when he speaks with the manager she gets nasty with him and all she says is that they are working on it. He stated that all they want is their rent at the beginning of the month and he pays the high tier rent; he didn't know these were low-income units, nor why he is paying $913 for rent. He believes people need to be treated right. He shared that he emptied the trash when they first got there, and the hand rail came off from the wall. He is concerned because he is never able to talk to anyone but the young lady in office, who doesn't seem to care. He said he just wants things to get better, not worse. He shared that they didn't shovel the snow or put salt down and even though they are supposed to empty the trash three days a week, it is stacked very high. He ended by sharing that he is hurt and doesn't believe Pivotal cares. Ms. Anna VonFawnestock with the Boy Scouts of America introduced herself to the Trotwood community. She explained that she is working to grow the scouting program and believes scouting would be a great opportunity for everything civic. She is asking for assistance to identify agencies that could help sponsor a unit. City of Trotwood Page 3 City Council Meeting Minutes - Final March 4, 2024 IX. Special Presentations and Recognitions PR11-24 Black History Month Contest Winners Presented by Mayor Yvette F. Page Marketing Coordinator Charles Wheeler and Mayor Page recognized the winners of the Black History Month Contest. Mayor Page thanked the contestants, the winners, and all of the their parents for supporting this initiative. PR12-24 Dayton Metro Library, Trotwood Branch Update Presented by Yoonmee Hampson, Branch Manager Attachments: PR12-24 Calendar Trotwood Branch Manager Yoonmee Hampson provided updates from the Dayton Metro Library and submitted their monthly event calendar to be posted on the City's website. X. Consent Agenda Mayor Page requested a Motion to approve the Consent Agenda. A Motion was made by Vice Mayor Brown, seconded by Council Member Moore, and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley SR24-09 Minutes from the February 5, 2024 Regular City Council Meeting. Attachments: 2024-02-05 DRAFT Meeting Minutes The meeting minutes were approved and will be filed according to the City's Retention Schedule. SR24-10 Minutes from the February 26, 2024 Workshop Session. Attachments: 2024-02-26 DRAFT Meeting Minutes Presentation - Planning Department PUD Review Presentation - CDBG-DR Funds Presentation - At Main Presentation - Jalen Lofts Presentation - Flats at Wolf Creek The meeting minutes were approved and will be filed according to the City's Retention Schedule. City of Trotwood Page 4 City Council Meeting Minutes - Final March 4, 2024 R24-29 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE MONTGOMERY COUNTY AUDITOR TO REMOVE ASSESSMENTS LEVIED AGAINST CERTAIN PARCELS OF PROPERTY FOR THE CITY’S CUTTING, REMOVAL OR DESTRUCTION OF NOXIOUS WEEDS, VEGETATION AND/OR GRASS FROM THE TAX DUPLICATE. Attachments: R24-29 R24-29 Exhibit A This Resolution was approved. R24-30 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPOINTING OAKWOOD MAYOR WILLIAM D. DUNCAN TO THE MONTGOMERY COUNTY 9-1-1 PROGRAM REVIEW COMMITTEE PURSUANT TO SECTION 128.06(A)(5) OF THE OHIO REVISED CODE. Attachments: R24-30 This Resolution was approved. 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 Page requested a Motion to open the Public Hearings. A Motion was made by Council Member Gales, seconded by Council Member Vaughn, and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley XII. Ordinances Mayor Page administered an Oath to those who registered to speak during a Public Hearing. City of Trotwood Page 5 City Council Meeting Minutes - Final March 4, 2024 OR01-24 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 CLASSIFICATION OF APPROXIMATELY 9.98 ACRES OF LAND KNOWN AS 1866 SHILOH SPRINGS ROAD, PARCEL ID NO. H33 01620 0001, FROM BUSINESS - PLANNED UNIT DEVELOPMENT (B-PUD) TO INDUSTRIAL - PLANNED UNIT DEVELOPMENT (I-PUD) FOR THE PURPOSE OF ALLOWING DESIGN, BUILD, AND LIGHT MANUFACTURING. Attachments: OR01-24 OR01-24 Dtr Report OR01-24 Staff Report Planning and Development Director Debbie McDonnell shared with Council that this legislation is to change the zoning of 1866 Shiloh Springs Road to allow for a different user to occupy a vacant building within the community. The new company, Display Dynamics, will be moving into the building; however, their business is considered industrial and therefore, the parcel will need to be rezoned. Director McDonnell reiterated that there will be no outside storage and that their use will be contained to inside of the building. Vice Mayor Brown asked for clarification if the previous business was a lumber yard. City Manager Pope confirmed that to be correct. Mayor Page requested a Motion to adopt Ordinance No. OR01-24. A Motion was made by Council Member Gales, seconded by Vice Mayor Brown, and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley City of Trotwood Page 6 City Council Meeting Minutes - Final March 4, 2024 OR02-24 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO APPROVE A FINAL PLANNED UNIT DEVELOPMENT (PROJECT 1), WITH CONDITIONS, ON APPROXIMATELY 4.322 ACRES OF LAND, PARCEL NOS. H33 00214 0014 AND H33 00214 0015 (PARTIAL), FORMERLY KNOWN AS PARCEL NOS. H33 00214 0001 AND H33 00214 0002, FOR THE PROPOSED “AT MAIN” MULTI-FAMILY HOUSING DEVELOPMENT WITH TWO THREE-STORY APARTMENT BUILDINGS CONSISTING OF 63 APARTMENT UNITS WITH ACCESS FROM MAIN STREET. Attachments: OR02-24 OR02-24 Dtr Report OR02-24 Staff Report OR02-24 Safety and Security Plan Final PUD Additional Information Planning and Development Director Debbie McDonnell spoke about a couple of items that pertain to this Ordinance, as well as the next two pieces of legislation. First, she reminded Council that they approved the Preliminary PUD in 2022, which dictates the approved uses for the property. Second, Director McDonnell explained that when the Planning Commission evaluated all three (3) proposals, they requested a Security Plan be developed to address concerns with Wolf Creek. She stated that the plan was included in Council's packet for their review. She added that per the approved Preliminary PUD, the area along the creek was intended to be recreation in nature. Director McDonnell stated that the information Council received in their packet contains her report, as well as the Staff Report and all other documents the Planning Commission reviewed when they considered this proposal. She added that during the Workshop Council held last Monday, she provided a list of the standards the planning office reviews when evaluating a Final PUD proposal. Director McDonnell stated that this proposal meets all of the criteria, with only a couple of reasonable variances, to include a slight increase in the building height from 35 feet to 41 feet and a small reduction in the size of one- and two-bedroom units. Council Member Moore mentioned that Council had expressed concerns and questions regarding Wolf Creek and further, she is unsure what information came out of the Planning meeting regarding suggestions to mitigate those concerns. Director McDonnell shared that the group suggested, and the developers agreed, to install additional cameras that will look out toward the creek. She also explained that the area is covered with heavy vegetation which makes it very difficult to get through to the creek. Director McDonnell stated that while there are several larger drop off areas, it is not likely anyone could get back there. She explained that the additional cameras will be very helpful and encouraged Council to read the Safety and Security Plan contained in their packet. Council Member Moore commented that there are pet-friendly units, then asked who would be liable in a scenario where someone chasing their pet City of Trotwood Page 7 City Council Meeting Minutes - Final March 4, 2024 toward the creek suffered injuries. Director McDonnell stated that the area around the creek is private property, although the City owns an easement due to a sewer main; however, the property owner would be liable in the scenario she presented. Director McDonnell added that no one believes something like that is even possible due to the natural barriers. Council Member Moore asked for clarification on which property owner would be liable. Director McDonnell explained that it would be the private property owner, but she does not recall their name. She added that the TCIC met with the property owners and reviewed the security plan, at which time the owners agreed to take some time to walk their property so they could determine ways to protect their commercial site and be OK with plan. Mayor Page asked for Public Comments. Mr. Robert McCann, CFO of Oberer Companies, introduced himself as the developer of the "At Main" project, in partnership with CountyCorp. He shared that they are a local company and believe all residents have the right to be treated the same regardless of their rental rate; they believe housing is a component of dignity. He explained that CountyCorp., a company that has been very active in Trotwood for more than 30 years and has worked diligently on disaster recovery, will be the long-term owner of the property. Mr. McCann feels that their companies have demonstrated their commitment to the Trotwood community and that they will continue to do so because they are based in Montgomery County and they are here for the long term. Ms. Karen Mowme and her husband own Sunrise M2 Properties and they are the owners of the private property who would be liable in the scenario discussed earlier. Mrs. Mowme explained that she only learned of this development in January. She stated that they bought their property in 2022; however, the mailings were not getting to them, they were going to the previous owner. Mr. and Mrs. Mowme bought the property because they wanted to invest in Trotwood and she had worked for the company for eight (8) years at that time. Mrs. Mowme stated that she sent an e-mail to Director McDonnell upon learning of the development and raised concern regarding the safety of children around the creek. She explained that she attended the hearing at the Planning Commission meeting in order to share her thoughts and when she left, she was told there would be a collaboration, to include her, regarding safety around the creek; she said that didn't happen. She stated that she asked for a barrier that the developers would pay for, and added that their company has contributed income taxes and property taxes to the City for over 60 years; further, she did not receive any grants to buy their property. Ms. Mowme said that she was told that the group consulted with Five Rivers MetroParks, who advised they don't do barriers, which she understands. She was then told that there would be a hedge row, which she feels is not enough. Ms. Mowme commented that she is not against the developers or even progress, but that the site is for commercial use, not residential, and she does not believe it is safe for apartments to be developed in the area, not for monetary reasons, but for safety concerns; therefore, she asked Council to reconsider. Mr. Bruce Kettelle, a former Council Member, reminded Council of an application received many years ago regarding the same site that included a river walk concept. He believes this is the last chance Council has to incorporate such a concept, which would contribute to making the area City of Trotwood Page 8 City Council Meeting Minutes - Final March 4, 2024 successful. Mr. Kettelle stated that he is not sure if the idea made it into the City's long-range land use plan, although he believes it could still be done as the City plans for the future. Ms. Bev Perry of 621 Coleridge Avenue addressed Council. She shared that she has lived in her home for 37 years and that this is the first she has heard of the development. She expressed her concerns as a homeowner because she believes bringing in 195 units will drop the value of her property significantly because of the multiplicity of things that happen in projects. She expressed her opinion that white folks are making plans for black people. She commented that she has not seen a feasibility study in terms of what "they" might want; she said that no one is representing "them." Ms. Perry commented that people should occupy the current vacancies in Trotwood rather than to build projects around their homes. She added that when projects come so does crime, violence, killings, murder. She also expressed concern over not having any generational wealth for their children and that "folks who don't look like us" are making decisions for "us." She asked Council to please not make it so difficult for people; she pays her property tax and has done what the City has asked her to do so she believes the City owes them the same in return. She stating that she has not seen any of the spec forms presented so she doesn't even know what the developments will look like and she feels as a property owner, she has a right to know. Mrs. Perry asked Council to reconsider the entire project. Mr. Edward Perry, also of 621 Coleridge Avenue, sees this as more rental property and he believes more rental property is not something Trotwood needs. He shared that there are apartments in different areas of the City and there are houses that people have bought for next-to-nothing and turned them into rental properties; often times they are not kept very well and yet there is talk about another low-income property being developed. He stated that he doesn't care what the developments look like, he believes they will further lesson the value of homes. Mr. Perry believes the City of Trotwood needs commercial development, not more people, and he would like to see more choices without having to leave the community; he believes housing is something that seems to be out of order. Council Member Moore made a Motion to Table Ordinance No. OR02-24 as presented at this time. Vice Mayor Brown seconded the Motion. Council Member Vaughn asked for discussion on the Motion. Council Member Vaughn stated that given the fact that the community seems to be uninformed as to what is going on, for whatever reason, he agrees with tabling the issue, but also requests that a Special Meeting be held so that Council can collectively address all three developments in regards to the expressed comments and concerns. He added that such Special Meeting should be held prior to the next Regular Meeting so that Council can look at options and alternatives, which there may or may not be, but he wants to be sure Council is able to make an informed decision. Law Director Conard clarified that under Section 1140.08 of the Trotwood Codes of Ordinances, Council has the ability to Table this matter. He expressed that it may be helpful to staff and the developers, and in order to comply with the spirit of the Code, for Council to specify what additional information they need. He added that those details should be part of a separate Motion. Law City of Trotwood Page 9 City Council Meeting Minutes - Final March 4, 2024 Director Conard suggested that because the three projects are related, a summary document that explains the whole development in a broader sense might be beneficial. He then reiterated his suggestion to vote on the original Motion to Table, then consider a separate Motion giving guidance to staff and the developers. Council Member Moore agrees with the Law Director; however, she added that specifics of what information is being sought cannot be brought forward until such Special Meeting as suggested by Council Member Vaughn. A Motion to table Ordinance No. OR02-24 was on the floor and Clerk Landis proceeded with a Roll Call Vote. The Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley Law Director Conard asked Council to consider what additional information they would like to know so to include such details in a separate Motion. Council Member Moore requested that Council have the opportunity to draft and send their questions to the appropriate people. She explained that she feels Council's decision may have unintended consequences so questions should be framed in a way to get specific answers so that Council can make an informed decision. Mayor Page added that she wants to be sure to include the public. She reiterated that Council wants to be transparent so that the public knows what is going on, and so they have the opportunity to attend future hearings. Law Director Conard shared such notice is part of the process, which is consistent with the spirit of Ohio law and Trotwood's Code. Council Member Vaughn summarized several issues that have been raised thus far - property values, building security, wolf creek as a hazard, and management issues. He also mentioned possible tax abatement agreements (75% abatement for 15 years), which could have an impact on the schools and the community, as well as income for the City itself. Council Member Vaughn believes all of these topics need to be a part of further information needed. Mayor Page requested a Motion for additional information related to Ordinance No. OR02-24, to include details about property values, security, water, and other additional issues that may come forward from Council's packet. Mayor Page also reiterated including the public in future proceedings for transparency. Vice Mayor Brown made a Motion requesting the additional information as stated by Mayor Page. The Motion was seconded by Council Member Moore and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley City of Trotwood Page 10 City Council Meeting Minutes - Final March 4, 2024 OR03-24 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO APPROVE A FINAL PLANNED UNIT DEVELOPMENT (PROJECT 2), WITH CONDITIONS, ON APPROXIMATELY 2.688 ACRES OF LAND, PARCEL NO. H33 00214 0016, FORMERLY KNOWN AS PARCEL NO. H33 00214 0002 (PARTIAL), FOR THE PROPOSED “JALEN LOFTS” MULTI-FAMILY HOUSING DEVELOPMENT WITH ONE FOUR--STORY APARTMENT BUILDING CONSISTING OF 66 APARTMENT UNITS. Attachments: OR03-24 OR03-24 Dtr Report OR03-24 Staff Report OR03-24 Safety and Security Plan Final PUD Additional Information Planning and Development Director Debbie McDonnell shared with Council that the Planning Commission also considered this application and voted unanimously to approve the FINAL PUD with the following variances: increase building height from 35 feet to 46 feet, a small reduction in one- and two-bedroom unit size by 8%, and a front yard set back from 100 feet to 5 feet. Mayor Page clarified that this ordinance is one of the three housing developments. Director McDonnell confirmed this is one of the three developments, in conjunction with OR02-24; this being "Jalen Lofts" to be located on the northern end off Olive Road. Council Member Moore stated that her questions are the same as those pertaining to Ordinance No. OR02-24. Mayor Page asked for Public Comments. Mr. Pete Schwiegeraht from Pivotal Housing, 9100 Center Point Drive, West Chester, Ohio thanked Council for their time and acknowledged that he appeared before them when the development was brought forward during the rezoning through the Preliminary PUD process. He shared details of the units and described them as high quality; he added that there will be full-time management, a fitness center, a business center, and a shelter and playground area onsite. Mr. Schwiegeraht reiterated that they are asking for approval of the Final PUD. He reminded Council that this all started with the tornado and the hope of bringing back high-quality housing in a way that creates a master plan. Such plan includes sharing access points and minimizing traffic on Olive Road while constructing buildings that appear consistent so to have nice frontage, and, including the senior development down the road, to create a streetscape with a downtown feel on Main Street. Vice Mayor Brown asked if the current staff at the Trotwood Senior Lofts would be the same staff for their new development. Mr. Schwiegeraht explained that staff would not be the same. He shared that they are working to increase the number of hours for the onsite management at the Trotwood Senior Lofts and that currently, the part-time tech person is working at multiple properties. He City of Trotwood Page 11 City Council Meeting Minutes - Final March 4, 2024 stated that they will likely bring on three (3) additional personnel. Vice Mayor Brown expressed her concern as to why they would bring on employees for the new development, but not address the concerns regarding staff at the current development. Mr. Schwiegaraht stated that they are in the process of onboarding a new employee and shared that with a property of 50 units, guidelines suggest an estimated 30 hours per week for property management. He added that he heard the concerns raised by residents, but as recent as last week when he met with the management team, there were no outstanding maintenance items. He announced to residents that he is planning to stay after the meeting in order to meet with residents and address their concerns. Council Member Vaughn shared that his biggest concern is occupants feeling uncomfortable with expressing, verbal or written, their concerns about safety issues. He asked Mr. Schwiegeraht if he and the other developers would be willing to pass forward public safety hazard issues to occupants and others, and to the City's public safety departments so that the City can ensure the correct measures are taken to reduce or eliminate such risks. Mr. Schwiegeraht explained that the management team has no problem doing so; however, he is unsure where to draw the line as any issues brought forward will be addressed so he is not clear as to what type of issues would merit bringing them to the City. He added that while he is confident such issues will be addressed in a timely manner, he would urge residents to also inform the City if they have concerns. Mr. Schwiegeraht explained that as a continued result of COVID, it is very difficult and a very slow process to hire employees; it can take up to six (6) months. He reiterated that they are working hard to get more staff and that he is confident they will have the necessary staff to do a better job. Council Member Vaughn pointed out that it is necessary to address such safety concerns in a timely manner because safety doesn't wait; that the responsibility goes beyond an employee. Mr. Schwiegeraht confirmed that he understands his concerns and that they will do a better job. He ended by reminding residents to stay after the meeting to speak with him so that he can note their issues and address them promptly, and he apologized for any delays they have experienced. Council Member Moore asked about their pet policy. Mr. Schwiegeraht confirmed that they do allow pets, but with limitations on their weight and breed. Council Member Moore asked how they plan to accommodate those pets in order to maintain the integrity of the exterior area and Main Street. He explained that while there is not a current dog walk or park in the design, there is a decent amount of open space where a small pet area could be added; he reiterated that it is not in the current plans, but he is confident something could be added if it would help bring this development to fruition. Council Member Moore made a Motion to Table Ordinance OR03-24 as presented. Council Member Vaughn seconded the Motion, and the Motion CARRIED as follows: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley City of Trotwood Page 12 City Council Meeting Minutes - Final March 4, 2024 After the Roll Call Vote, Law Director Conard suggested Council make a Motion similar to the Motion for additional information related to Ordinance No. OR02-24 and adding items based on the information presented on this development. Mayor Page requested a Motion to mirror the additional information requested in Ordinance No. OR02-24, and to add a request for information regarding a pet park. Council Member Moore clarified that the question regarding a pet park should be applied across the board. Council Member Vaughn made a Motion requesting the additional information as stated by Mayor Page. The Motion was seconded by Council Member Moore, and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley City of Trotwood Page 13 City Council Meeting Minutes - Final March 4, 2024 OR04-24 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO APPROVE A FINAL PLANNED UNIT DEVELOPMENT (PROJECT 3), WITH CONDITIONS, ON APPROXIMATELY 4.258 ACRES OF LAND, PARCEL NO. H33 00214 0017, FOR THE PROPOSED “FLATS ON WOLF CREEK” MULTI-FAMILY HOUSING DEVELOPMENT WITH ONE FOUR--STORY APARTMENT BUILDING CONSISTING OF 65 APARTMENT UNITS. Attachments: OR04-24 OR04-24 Dtr Report OR04-24 Staff Report OR04-24 Safety and Security Plan Final PUD Additional Information Planning and Development Director Debbie McDonnell shared with Council that the Planning Commission also considered this application and voted unanimously to approve the FINAL PUD with the following variances: increase building height from 35 feet to 46 feet, a small reduction in one- and two-bedroom unit size by 8%, and a front yard set back from 100 feet to 5 feet. Mayor Page asked for Public Comments. Mr. Wes Young, Executive Vice President with St. Mary Development, thanked Council for the opportunity to speak. He shared that he has been in the Dayton area since their beginning in 1989, and that he has been involved in 36 developments and 2,550 units. Mr. Young offered the opportunity to tour their existing properties to see what they look like, how well they are maintained, observe their resident care, and added that they are a faith-based not for profit company and that they take great pride in these intangibles that mean a lot to their residents. He shared that Jalen Lofts and the Flats are of the same structure and as mentioned, they will have one entry way to cut down on traffic. Mr. Young reminded Council that 800 units were lost in the tornado and that funding for these projects was designated based on the tornado event, specifically to Trotwood. Further, he stated that approximately $14-15 million was awarded between the three developers in order to met the needs of the Trotwood community. Council Member Moore thanked him and all the developers for providing more information and asked if, based on what has been said by citizens as well as Council's concerns around the creek, there would be any further consideration for addressing said concerns, even if such answers are not in current plans. Mr. Young stated that the developers worked with the Planning Commission and their proposal was accepted; however, they can go back and regroup to take another look. He added that it would be best to let the developers think about the concerns and work with Director McDonnell and the Planning Commission on other possible resolutions. He does agree with Five Rivers MetroParks about barriers; but further thought needs to be given as to the best way to address the concerns. Council Member Moore asked if the developers would work together since all City of Trotwood Page 14 City Council Meeting Minutes - Final March 4, 2024 of the units will back up to the creek. Mr. Young reiterated that they are already collaborating and that Oberer and Pivotal are key stakeholders; in addition, there is a lot of respect among them. He added that they are using the same contractor and the same engineer, and two of them are using the same architect; this creates a lot of synergy. Council Member Moore was glad to hear of their working relationship and believes it will be important in order to address the safety issues and any other concerns with the development overall. Mr. Young shared that he gets asked a lot about affordable housing. He explained that these units cost close to $300,000 per unit and that they are well built and will be well maintained. He commented that studies show that in most cases affordable high-quality housing such as these helps the value of surrounding properties. Council Member Moore asked for clarification on the definition of affordable and workforce housing. Mr. Young said he sees frequently that when you build workforce housing, businesses want to come because they know residents are there; he anticipates that what will happen in Trotwood. Law Director Conard asked Mr. Young about the data he referenced relating to property values and asked if he would provide the information to staff. Mr. Young will get the information from his President. Ms. Karen Mowme, who previously spoke during the Public Hearing for Ordinance OR02-24, expressed concern with traffic and the Olive Road access point. She stated that although studies done by the engineer did not warrant adding a turn lane or making changes to the road, she disagrees. She explained that they placed some of their large pipes at the front of their property to protect them from accidents and/or debris. Further, she shared that she knows of a fatal accident when a female went off the side of the road; she feels there are a lot of accidents at that site regardless of the results of the impact study. Ms. Mowme added that she is certain a case of eminent domain will affect them in the near future in order to widen the road. Also, Mrs. Mowme wanted to reiterate that any collaboration regarding safety and the creek did not include her or her husband so now she has a trust issue. She added that their property runs up the other side of the creek and that she was told safety services does not support a barrier as it could inhibit them from performing a rescue, so even though she is responsible for whatever happens on their property, they are not allowed to protect it - she then asked what choices do they have. Mrs. Mowme shared that she learned because the area is considered wetlands, there was discussion about putting in a walking trail. She expressed her concern over this because she believes that will only further draw people to the water. Further, she stated that they just put $200,000 into a new roof on a building at their business and they did not receive a grant or a 75% break, but she expects it will be damaged with spray paint or a razor. Ms. Mowme shared that she loves walking trails, but a lot of bridges are a means for graffiti and she sees that happening to their investment. Ms. Mowme ended by commenting that although they are white, they chose to invest in Trotwood and they love the community and the people or they wouldn't have invested $1.2 million of their own money into their property; she is simply asking for the City of Trotwood Page 15 City Council Meeting Minutes - Final March 4, 2024 City's respect in return. Council Member Moore made a Motion to Table Ordinance No. OR04-24 as presented. Vice Mayor Brown seconded the Motion, and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley Mayor Page requested a Motion to mirror the additional information requested in Ordinance No. OR02-24 and OR03-24. Council Member Moore made a Motion and in addition, requested information on a collaboration between each other and local businesses regarding possible resolutions to the safety concerns around Wolf Creek. She also asked City Manager Pope about the roadway concerns expressed by Mrs. Mowme. City Manager Pope reiterated that the engineer has already completed a traffic study; however, he will ask Police Chief Wilson to provide details on the number of accidents over the last two years at that intersection and the nearby intersection of Main Street and Olive Road. The Motion was seconded by Vice Mayor Brown and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley City of Trotwood Page 16 City Council Meeting Minutes - Final March 4, 2024 OR05-24 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT SECTION 1171.05 "MINIMUM LOT AREA AND WIDTH" OF THE TROTWOOD CODES OF ORDINANCES, AND ENACTING NEW SECTION 1171.05 "MINIMUM LOT AREA AND WIDTH" TO CORRECT THE MINIMUM LOT AREA AND WIDTH FOR AGRICULTURAL AND SINGLE-FAMILY USES. Attachments: OR05-24 OR05-24 Exhibit A Planning and Development Director Debbie McDonnell said that she is receiving questions from farm owners who want to subdivide their property in order to create residential lots. She explained that currently, the Code reads that the minimum lot area and width for properties in an agricultural district shall have a minimum lot size of 5 acres and a width of not less than 300 feet and that single family uses shall have a minimum lot size of 20 acres and width of not less than 600 feet. Director McDonnell stated that she believes this was published in error and that the numbers should be switched to read a minimum lot size in an agricultural district of 20 acres and a width of not less than 600 feet and that single family uses shall have a minimum lot size of 5 acres and a width of not less than 600 feet. Council Member Gales asked if this would be for rental property. Director McDonnell stated that the lot splits would be for single-family homes. Mayor Page read back to Director McDonnell the measurements in question and asked for confirmation that to correct the Code would be to flip the numbers; Director McDonnell confirmed that to be correct. She asked if a house could be built on 20 acres; Director McDonnell answered yes, and added that the owner could also split the land and sell it for single-family homes; but, the split cannot be for less than 5 acres. Mayor Page asked if the owners could sell the land to anyone and if so, would their plans have to go through the planning process. Director McDonnell answered yes and reiterated that owners have the right to subdivide their property, which typically they own one lot and want to split it into two lots; however, the way the Code currently reads, in order to have a residential lot you must have 20 acres, which she believes makes no sense. Council Member Vaughn asked if there are any property owners in agricultural districts that have less than 5 acres, and if so, would this affect them. Director McDonnell answered that due to the merger with Madison Township there are several properties in an agricultural district with only one acre because that was the Township's requirement; for this reason there are a lot of nonconforming uses in agricultural districts. Director McDonnell confirmed that property owners with less than 5 acres due to the merger are grandfathered by approval prior to the merger. Mayor Page asked about building a house on a lot when it is zoned agricultural. Director McDonnell stated that a single-family residence is an allowable use in an agricultural district; she added that this is about allowable uses within the zoning district, not the zoning district itself. City of Trotwood Page 17 City Council Meeting Minutes - Final March 4, 2024 Council Member Vaughn asked about the impact this would have on tax requirements for farms. Director McDonnell is unsure of any implications regarding single family homes, but stated that the CAUV model is based on the tillable acreage for commercial purposes and the qualifications remain the same. Vice Mayor Brown added that with CAUV and single family homes, when the new legal description is prepared after a lot split, the taxes are based on each parcel using the appropriate metrics. Mr. Bruce Kettelle, a former Trotwood City Council Member, explained that when he was a Council Member this section of the Code was adopted. He explained that during that time, Council spent two years researching the issue and talking to people and they frequently heard comments about how people liked the community being an agricultural community. Mr. Kettelle believes that when you start allowing people to subdivide their farm land, because they typically build on the front of land, you will lose the agricultural feel of the community. He added that Council actually used lower measurements than most townships, in hopes of keeping the agricultural look that people like. City Manager Pope added that staff is preparing to update the 1999 Comprehensive Land Use Plan so to address how the community should look over the next 10 to 20 years. Mr. Kettelle expressed his opinion that Council should be able to find a way to keep the agricultural community appearance, yet allow farm land to be split. Council Member Vaughn shared that he lives in a rural area and around a lot of farm land, and he feels in order to move forward, it is necessary to Table this matter and ask for additional input, such as information like Mr. Kettelle provided. Council Member Moore commented that what she likes best about farming communities is the landscape, which is a big part of why folks live in rural areas. She believes there needs to be some consideration for those people. Vice Mayor Brown asked if this is a correction. Director McDonnell believes this is a correction to the Code. She added that if in the future when the land use plan is updated, that would be the time to consider different regulations for agricultural districts. Mayor Page confirmed with Director McDonnell that if Council adopts the correction, anyone with a 20-acre farm can split their lot and build a house. Director McDonnell agreed, but explained that neither lot going forward could be split because each lot would be less than 20 acres. Council Member Moore asked Director McDonnell if this is to make a correction to the Code, and if there was there harm or foul before. Director McDonnell explained that it doesn't make sense and stated this came about because she is receiving applications to subdivide lots. Council Member Moore asked about how many applications has the department received. Director McDonnell stated the department has received three (3) applications to date, which is enough for her to address the issue. City of Trotwood Page 18 City Council Meeting Minutes - Final March 4, 2024 Council Member Vaughn commented that he needs a better understanding of what is existing, what changes need to be made, and how to make those changes; a workshop or whatever is necessary. Council Member Moore made a Motion to Table Ordinance No. OR05-24 as presented, for further understanding and clarification. Council Member Vaughn seconded the Motion and the Motion CARRIED by the following vote (see below): Aye: 5- Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Nay: 1- Council Member Gales Excused: 1- Council Member Finley City of Trotwood Page 19 City Council Meeting Minutes - Final March 4, 2024 After the vote, Clerk Landis asked Law Director Conard if Council should consider a Motion similar to those associated with the housing developments, instructing staff on what additional information they would like for further consideration. Director McDonnell is unclear as to what clarification Council is needing. She explained that there are 5-acre lots and there are 20-acre lots. The 20 acre lots can be for a farm; the Code currently reads that 5 acres can be a farm and 20 acres for residential; she is unclear of the ask. Council Member Moore asked if this could be included in a Special Meeting so that Council can have a better understand of what happens if they don't do this as opposed to if they do it - other than making a correction. Director McDonnell explained that if Council doesn't make the correction, someone can subdivide a 20-acre lot for a single-family home and you can have a 5-acre farm. Council Member Moore made the comment as opposed to a 20-acre farm; Director McDonnell agreed. Council Member Moore asked if this was a mistake and Director McDonnell answered yes, this was a mistake as we don't want 5-acre farms as that would make the area less dense which seems to be the opposite of what Council is expressing. Council Member Moore commented that his means there would be a lot of 5-acre farms; Director McDonnell agreed. Mayor Page explained why it is necessary for Council to ask such questions in order to gain a better understanding and added that this matter has already been voted on. Council Member Vaughn stated that he believes the question is by increasing residential housing in an agricultural district, would that obstruct the view of the agricultural landscape. Director McDonnell does not believe the agricultural view would be obstructed because you still have to have 600 linear feet of roadway to have a farm. Council Member Vaughn commented that the increase in single family homes would mean more homes and residents. Director McDonnell reminded Council that this is currently permitted by Code. Council Member Vaughn stated that most people building a home don't own 20 acres and as you decrease the acreage, it becomes more affordable. Law Director Conard suggested Director McDonnell provide a visual aid. Director McDonnell agreed to provide a map. Council Member Clark asked if the way it was previously passed and currently reads is a clerical error. Director McDonnell confirmed that this is simply an error. City of Trotwood Page 20 City Council Meeting Minutes - Final March 4, 2024 OR06-24 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT SECTION 1171.06 "MINIMUM LOT FRONTAGE" OF THE TROTWOOD CODES OF ORDINANCES, AND ENACTING NEW SECTION 1171.06 "MINIMUM LOT FRONTAGE" TO CORRECT THE MINIMUM LOT FRONTAGE FOR AGRICULTURAL AND SINGLE-FAMILY USES. Attachments: OR06-24 OR06-24 Exhibit A Planning and Development Director McDonnell explained to Council that this legislation is in conjunction with Ordinance No. OR05-24; the information goes together but is in two different sections of the Code. Council Member Moore made a Motion to Table this legislation as Council did with OR05-24 because they are applied as one and further. Council Member Vaughn seconded the Motion and the Motion CARRIED by the following vote: Aye: 5- Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Nay: 1- Council Member Gales Excused: 1- Council Member Finley City of Trotwood Page 21 City Council Meeting Minutes - Final March 4, 2024 24-09 Affirm, Reverse, or Modify the Decision of the Board of Zoning Appeals in Case #ZV-2023-5. Appeal filed by Christopher Sanders regarding the decision of the Trotwood Board of Zoning Appeals in Case #ZV-2023-5, a variance request from the minimum side yard setback on a corner lot known as 5151 Free Pike, Parcel ID No. H33 01013 0001. Attachments: 24-09 Petition to Appeal 24-09 Dtr Report 24-09 Staff Report 24-09 BZA FINAL Minutes 2023-10-26 City Manager Pope stated that this is an appeal filed by Christopher Sanders in a case that was heard by the Board of Zoning Appeals (BZA). Mr. Sanders does not agree with their decision so he is appealing to Council. Planning and Development Director Debbie McDonnell explained that the applicant lives on the corner of Free Pike and Camelot and that he is wanting to erect a 6-foot privacy fence around his property. Director McDonnell explained that City Code does not allow for 6-foot privacy fences to be located in the front yard of any property; when you live on a corner lot, both the front yard and the yard on the opposing street is considered a front yard. She stated that in this area, the setback is 30 feet. Mr. Sanders wants to place his fence very close to his property line even though Code doesn't allow it. Director McDonnell stated Mr. Sanders only has a 22 foot setback now. She shared that the BZA listened to his presentation where he explained the reason he wants to place his fence there is because he has several young children and he wants to maximize the space they have to play within their yard. The BZA recommended he be allowed to encroach the setback by 10 to 12 feet in order to provide enough room for his children to use the side entrance of their home, yet not negatively impact the line of sight. She stated that Mr. Sanders is asking for 17 feet, which only leaves 5 feet between the right-of-way and his fence. City Manager Pope stated that he himself viewed the property and added that it is already nonconforming because the property was part of the township prior to the merger. He said that there would be a sight-distance issue if the fence were placed further into the setback and that he agrees with the BZA's decision. He believes the BZA gave Mr. Sanders some leeway and that 12 feet is more than appropriate from a public safety perspective. Mr. Sanders shared with Council that he applied for a variance regarding his fence because he has five young boys. He expressed safety concerns and the purpose of the fence is to protect his kids from traffic, possible intruders, and animals. Mr. Sanders believes he should be able to put his fence where he wants since it is his property. He shared that there was mention about a possible sidewalk after he expressed wanting to erect a fence but he doesn't understand that reasoning because there has not been a sidewalk there in over 70 years. He said that he feels no property owner of a corner lot understands that both yards are considered front yards; he doesn't believe it makes sense. As a property owner he feels he should be able to use all of his property. He said he also spoke with neighbors who said they do not have a problem with a fence and he added that he pays his property taxes and he and City of Trotwood Page 22 City Council Meeting Minutes - Final March 4, 2024 his family want to be in Trotwood. He shared a recent incident that occurred when a car ran onto his driveway and the driver abandoned the vehicle. He again stated that he should be able to have his fence they way he wants it since it is his property, and should the City decide to install a sidewalk in the future he would happily tear it down. He feels this decision was based on a sidewalk that may never happen and it is taking away from the beauty of his home. Council Member Gales asked if Mr. Sanders filed for the proper permit and if he was told it was OK. Mr. Sanders said his fence was approved, but he had to apply for a variance and the problem is he is being told where it must be placed on his property. He added that he is not trying to break any rules, he is just trying to maximize his property and is frustrated that this about a sidewalk that has never been on the property and probably won't ever happen. Mayor Page thanked Mr. Sanders for being a homeowner then asked Director McDonnell to provide clarification to Council. Mr. Sanders said that what the Director previously said about the Code was never told to him or said at the hearing. He doesn't believe there is any good reason to deny his request. Director McDonnell shared that when they spoke with Mr. Sanders about a sidewalk, it was about the right-a-way. She explained that each road has a right-of-way and each property has a section of the right-a-way that the homeowner maintains. Further, she stated that Code does not allow for a 6-foot privacy fence on the property line in the front yard. She said that the difference in distance was about putting a fence in the front yard, but only a 3-foot tall fence with 50% visabilitiy. Director McDonnell added that frequently you will see a sidewalk at the back of the right-of-way, which creates an easy way to know where the edge is. Because Mr. Sanders doesn't want a smaller fence, the BZA felt the 12-foot encroachment was appropriate. She added that Mr. Sanders is requesting a 77% encroachment. Council Member Vaughn asked what impact this would have on future requests should Council agree to the the variance application, as well as to those who would hold the City accountable for past practices. Director McDonnell stated that should Council agree to this variance request, everyone else will come forward saying that since you did it for them you need to do it for me. Director McDonnell believes allowing this is a safety issue and there is a reason from planning perspective why setbacks are in place. She mentioned that she is aware of a few places where fences have been placed near the property line, but that they were not properly permitted. She added that she cannot in good faith allow something not allowed by code and that Council would be setting a precedent if they would do so. Mayor Page asked for clarification on if the City granted Mr. Sanders a Fence Permit; Director McDonnell confirmed that is correct. Mayor Page then asked about a 3-foot fence and City Manager Pope stated that Mr. Sanders is wanting to install a 6-foot privacy fence, which is what creates the sight-distance problem. City Manager Pope commented if someone is driving on Camelot you would not be able to see a safety vehicle entering the intersection if a 6-foot fence was installed. Vice Mayor Brown asked about neighbors having privacy fences and if any of them have front fencing. Director McDonnell said that the house behind him City of Trotwood Page 23 City Council Meeting Minutes - Final March 4, 2024 has a 24-foot setback and they have a chain link 6-foot fence in the back. Mayor Page asked for a Motion to affirm, reverse, or modify the decision of the BZA in this case. Council Member Gales made a Motion to affirm the decision of the BZA. Law Director Conard recommended that the Motion to Affirm incorporate the BZA meeting minutes, as well as the BZA Staff Report and Packet. The Motion was seconded by Vice Mayor Brown, and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley XIII. Close Public Hearings Mayor Page requested a Motion to close the Public Hearings. A Motion was made by Vice Mayor Brown, seconded by Council Member Clark, and the Motion CARRIED d by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley City of Trotwood Page 24 City Council Meeting Minutes - Final March 4, 2024 XIV. Resolutions R24-31 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO ENTER INTO AN EMPLOYMENT AGREEMENT WITH QUINCY E. POPE, SR. TO SERVE AS CITY MANAGER FOR A FIVE (5) YEAR TERM. Attachments: R24-31 R24-31 Exhibit A Mayor Page requested a Motion to approve Resolution No. R24-31. A Motion was made by Vice Mayor Brown, seconded by Council Member Vaughn, and the Motion CARRIED by the following vote: Aye: 6- Council Member Gales, Council Member Moore, Council Member Clark, Council Member Vaughn, Vice Mayor Brown and Mayor Page Excused: 1- Council Member Finley XV. Old and New Business There was no old or new business presented. XVI. Comments A. Clerk of Council: Announcements There were no announcements. City of Trotwood Page 25 City Council Meeting Minutes - Final March 4, 2024 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. Council Member Gales thanked all of the citizens for coming out and shared that meetings are also streamed so to be sure to watch so you can stay informed about what is going on in the City. She shared that she was surprised to learn people are just now hearing about the housing developments. Council Member Vaughn shared that this was one of the more informative meetings Council has had in some time and he is happy that so many people have an interest in the community and he hopes it continues. He is thankful that investors, zoning, City staff, and others have the best interest of the community at heart even though everyone sees things a bit differently. Council Member Moore shared that she believes this a great city because of the great citizens and she appreciates the time people take to come out and voice their opinion; it means a lot and it shows how important the City is to each person. She also shared that she is thankful for the great dialogue and direction from legal counsel. Council Member Moore congratulated City Manager Pope. Council Member Clark agreed with the statements already made by her colleagues and added that she was very pleased with the Black History event that took place last Saturday. She thanked Charles Wheeler for doing an excellent job and mentioned the informative posts for Black History Month on Facebook. She thanked citizens for coming out to the meeting. Vice Mayor Brown shared that she also enjoyed the Black History program last Saturday, and that the High School held a phenomenal program as well. She commented that she had the opportunity to attend an OML seminar on Saturday, which was a refresher course, and a lot of the things discussed were emphasized in tonight's meeting. She stated that this is an exciting time for Trotwood and she is excited for citizens to be a part of it. She also commented on the exciting news about the EMT Program and Sinclair, and she is grateful to know that such resources are available; she thanked Chief Haacke. C. City Manager City Manager Pope expressed his gratitude for the opportunity to continue serving the community. He shared that there was a great article in the Dayton Daily News about Display Dynamics moving into the City of Trotwood, a $1 million investment. He shared that he plans to continue moving forward, and building the tax base and the commercial and industrial sectors. D. Mayor Mayor Page promised citizens that Council would be transparent and bring information to the citizens. She congratulated City Manager Pope and thanked Council for listening to all of her questions and for their hard work such as reviewing 300 pages in a 48-hour time span in order to make the best decisions for 23,070 people. City of Trotwood Page 26 City Council Meeting Minutes - Final March 4, 2024 XVII. Adjourn Mayor Page adjourned the meeting at 9:30 p.m. City of Trotwood Page 27

Agenda

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Agenda - Final Monday, March 4, 2024 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 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 Agenda - Final March 4, 2024 I. Call to Order II. Invocation III. Pledge of Allegiance IV. Roll Call V. Approve the Agenda VI. Executive Session SR24-08 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 reappointment of a public employee; and, 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. 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. Special Presentations and Recognitions PR11-24 Black History Month Contest Winners Presented by Mayor Yvette F. Page PR12-24 Dayton Metro Library, Trotwood Branch Update Presented by Yoonmee Hampson, Branch Manager Attachments: PR12-24 Calendar X. Consent Agenda SR24-09 Minutes from the February 5, 2024 Regular City Council Meeting. Attachments: 2024-02-05 DRAFT Meeting Minutes City of Trotwood Page 2 Printed on 3/2/2024 City Council Meeting Agenda - Final March 4, 2024 SR24-10 Minutes from the February 26, 2024 Workshop Session. Attachments: 2024-02-26 DRAFT Meeting Minutes Presentation - Planning Department PUD Review Presentation - CDBG-DR Funds Presentation - At Main Presentation - Jalen Lofts Presentation - Flats at Wolf Creek R24-29 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE MONTGOMERY COUNTY AUDITOR TO REMOVE ASSESSMENTS LEVIED AGAINST CERTAIN PARCELS OF PROPERTY FOR THE CITY’S CUTTING, REMOVAL OR DESTRUCTION OF NOXIOUS WEEDS, VEGETATION AND/OR GRASS FROM THE TAX DUPLICATE. Attachments: R24-29 R24-29 Exhibit A R24-30 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPOINTING OAKWOOD MAYOR WILLIAM D. DUNCAN TO THE MONTGOMERY COUNTY 9-1-1 PROGRAM REVIEW COMMITTEE PURSUANT TO SECTION 128.06(A)(5) OF THE OHIO REVISED CODE. Attachments: R24-30 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. City of Trotwood Page 3 Printed on 3/2/2024 City Council Meeting Agenda - Final March 4, 2024 XII. Ordinances OR01-24 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 CLASSIFICATION OF APPROXIMATELY 9.98 ACRES OF LAND KNOWN AS 1866 SHILOH SPRINGS ROAD, PARCEL ID NO. H33 01620 0001, FROM BUSINESS - PLANNED UNIT DEVELOPMENT (B-PUD) TO INDUSTRIAL - PLANNED UNIT DEVELOPMENT (I-PUD) FOR THE PURPOSE OF ALLOWING DESIGN, BUILD, AND LIGHT MANUFACTURING. Attachments: OR01-24 OR01-24 Dtr Report OR01-24 Staff Report OR02-24 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO APPROVE A FINAL PLANNED UNIT DEVELOPMENT (PROJECT 1), WITH CONDITIONS, ON APPROXIMATELY 4.322 ACRES OF LAND, PARCEL NOS. H33 00214 0014 AND H33 00214 0015 (PARTIAL), FORMERLY KNOWN AS PARCEL NOS. H33 00214 0001 AND H33 00214 0002, FOR THE PROPOSED “AT MAIN” MULTI-FAMILY HOUSING DEVELOPMENT WITH TWO THREE-STORY APARTMENT BUILDINGS CONSISTING OF 63 APARTMENT UNITS WITH ACCESS FROM MAIN STREET. Attachments: OR02-24 OR02-24 Dtr Report OR02-24 Staff Report OR02-24 Safety and Security Plan OR03-24 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO APPROVE A FINAL PLANNED UNIT DEVELOPMENT (PROJECT 2), WITH CONDITIONS, ON APPROXIMATELY 2.688 ACRES OF LAND, PARCEL NO. H33 00214 0016, FORMERLY KNOWN AS PARCEL NO. H33 00214 0002 (PARTIAL), FOR THE PROPOSED “JALEN LOFTS” MULTI-FAMILY HOUSING DEVELOPMENT WITH ONE FOUR--STORY APARTMENT BUILDING CONSISTING OF 66 APARTMENT UNITS. Attachments: OR03-24 OR03-24 Dtr Report OR03-24 Staff Report OR03-24 Safety and Security Plan City of Trotwood Page 4 Printed on 3/2/2024 City Council Meeting Agenda - Final March 4, 2024 OR04-24 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL ACCEPTING THE RECOMMENDATION FROM THE TROTWOOD PLANNING COMMISSION TO APPROVE A FINAL PLANNED UNIT DEVELOPMENT (PROJECT 3), WITH CONDITIONS, ON APPROXIMATELY 4.258 ACRES OF LAND, PARCEL NO. H33 00214 0017, FOR THE PROPOSED “FLATS ON WOLF CREEK” MULTI-FAMILY HOUSING DEVELOPMENT WITH ONE FOUR--STORY APARTMENT BUILDING CONSISTING OF 65 APARTMENT UNITS. Attachments: OR04-24 OR04-24 Dtr Report OR04-24 Staff Report OR04-24 Safety and Security Plan OR05-24 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT SECTION 1171.05 "MINIMUM LOT AREA AND WIDTH" OF THE TROTWOOD CODES OF ORDINANCES, AND ENACTING NEW SECTION 1171.05 "MINIMUM LOT AREA AND WIDTH" TO CORRECT THE MINIMUM LOT AREA AND WIDTH FOR AGRICULTURAL AND SINGLE-FAMILY USES. Attachments: OR05-24 OR05-24 Exhibit A OR06-24 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING CURRENT SECTION 1171.06 "MINIMUM LOT FRONTAGE" OF THE TROTWOOD CODES OF ORDINANCES, AND ENACTING NEW SECTION 1171.06 "MINIMUM LOT FRONTAGE" TO CORRECT THE MINIMUM LOT FRONTAGE FOR AGRICULTURAL AND SINGLE-FAMILY USES. Attachments: OR06-24 OR06-24 Exhibit A 24-09 Affirm, Reverse, or Modify the Decision of the Board of Zoning Appeals in Case #ZV-2023-5. Appeal filed by Christopher Sanders regarding the decision of the Trotwood Board of Zoning Appeals in Case #ZV-2023-5, a variance request from the minimum side yard setback on a corner lot known as 5151 Free Pike, Parcel ID No. H33 01013 0001. Attachments: 24-09 Petition to Appeal 24-09 Dtr Report 24-09 Staff Report 24-09 BZA FINAL Minutes 2023-10-26 XIII. Close Public Hearings City of Trotwood Page 5 Printed on 3/2/2024 City Council Meeting Agenda - Final March 4, 2024 XIV. Resolutions R24-31 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO ENTER INTO AN EMPLOYMENT AGREEMENT WITH QUINCY E. POPE, SR. TO SERVE AS CITY MANAGER FOR A FIVE (5) YEAR TERM. Attachments: R24-31 R24-31 Exhibit A XV. Old and New Business XVI. 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 XVII. Adjourn City of Trotwood Page 6 Printed on 3/2/2024

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