| January 21, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, January 21, 2003, at 7:00 p.m. in Council Chambers. Members Present: Cultice, Baker, Saxton, Beamish, Wise, Mercer, and Bretland. Presiding Officer: William F. Lohrer, President of Council Others Present: Peter E. Jenkins, Mayor David E. Anderson, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor PUBLIC HEARINGS: At 7:02 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. O-2-03. Todd Severt, attorney for the Troy Order of Moose, the agency that requested the Zoning Code change, stated he understands Council has received information clarifying the definitions of private clubs and adult entertainment facilities and that the Moose Club has no desire to establish an adult entertainment facility and, in fact, could not do so with this proposed zoning change. He commented that the Moose would like to relocate to another site in Troy on SR 55, which is zoned M-2 and, thus, requested the amendment to the City’s Zoning Code. There being no further comments, at 7:03 p.m. Mr. Lohrer declared this public hearing closed. At 7:03 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. O-3-03. -Fred Forster, principal of company requesting the rezoning, commented that over the past year has met with the resident of the adjoining properties and has attempted to cooperate in addressing their concerns, and he feels this a good use for the property, and hopes that the rezoning would be granted. -Linda Kim, 1842 Westwood, commented: she believes most of Council is familiar with the area; Mr. Forster met three times with residents; their concerns were not addressed during those meetings; in August she and others met with Rob Harrelson (attorney for and nephew of the owner) and representatives of the Miami Conservancy District (MCD), which agency expressed interest in the land with the MCD representative stating grant money for the purchase would be available within a few months; the MCD representative felt the money would not be difficult to obtain; if that offer had been followed through, by November of 2002 the property could have been purchased by the MCD and preserved; after the August meeting with Mr. Harrelson the MCD representative stated it was too bad they could not have been involved earlier; many of the Township residents want to see the woods preserved; however, with money being available for saving the woods nothing was done; the MCD representatives had agreed to attend a meeting on 1-14-2003 (with the Township) and this meeting (1-21-03); after calls from the City Service and Safety Director and others the MCD withdrew their interest; the MCD has said they are only interested in properties without controversy; the representative also indicated it would now take longer to get money from the MCD; the woods would have had a nice park; rezoning would probably result in another wall along the interstate; it would be nice if the woods could be preserved; and there are volunteers that would help arrange funding. At the request of Mr. Lohrer, rather than a large number of people attending and speaking, signatures of those expressing concern were presented to Council with Ms. Kim reading from a petition from the North Concord Home Owners saying they would like to see other than the development of the land; there are problems with the development; the trees should be saved; there is no idea what Mr. Forster would build, the density would be comparable to a trailer park; construction over a flood plain would not be a safe plan; the tree buffer could only be temporary; and there is concern about what all the documents provided by Mr. Forster mean, i.e. wet spots. Ms. Kim provided photos of homes with walk-out basements and stated there is concern because there is land flooding now and this could become worse. She stated there is a stream that becomes strong and fast and there is concern with safety if the stream is enlarged with the development; more water may flood the stream or cause backup onto the properties; erosion into the stream may result in log dams; fast water, erosion and dams may negatively impact the roads and homes; and cutting some of the woods may result in flooding of her basement; -Mary Huber, 1720 Woodlawn Drive, expressed concerns regarding the development that would come with the rezoning: the wells may be impacted, neighbors do not want an imbalance of the woods and properties; there is concern about added burden of traffic and the impact on schools; the neighbors anticipate a negative impact on property values; if there are vacant lots, the appearance will be negative; this is not the right financial market to begin housing; it could be cheaper for the City to maintain it as a park than to pay for other development costs such as walls, water problems, etc. -Fred Forster responded that this property is downstream from the homes and his engineer has to design a culvert adequate to take away the drainage; regarding the use for the property, he feel the housing market will support it; the development period is two to three years; and his company is under contract to purchased this parcel and will purchase it even if it is not rezoned. 1-21-03 Page Two With respect to the comments of Ms. Kim regarding his conversations with representatives of the MCD, Mr. Anderson stated the contact was made because of comments that the MCD was another interested purchaser of this property and it was important to confirm the position of the MCD as an organization as to their intent to purchase or offer to purchase the 23+ acres. There arHa being no further comments, at 7:25 p.m. Mr. Lohrer declared this public hearing closed. Mr. Lohrer advised that Ordinances O-2-03 and O-3-03 have been assigned to the Law & Ordinance Committee, and following the procedure of Council, that committee will be meeting on 1-28-03 to reviewing both Ordinances in order to provide a recommendation to Council on each. MINUTES: The Clerk gave a summary of the January 6, 2003 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Saxton, seconded by Mr. Beamish, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: LAW & ORDINANCE. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing an agreement with Troy Housing Opportunities Unlimited to utilize $25,000 of CDBG funds for a continuing project of window replacements at the Garden Manor Apartments. 2) Committee recommends legislation be prepared authorizing an interagency agreement with the Ohio Dept. of Development regarding the utilization of Revolving Loan Funds, noting that the State now requires such agreements to be in place for those communities that receive such loan funds. Reports signed by Beamish, Mercer and Saxton. PERSONNEL: Mr. Wise, Chairman, reported as follows: 1) Committee recommends legislation be prepared amending the employment agreement with the Director of Public Service & Safety to allow an additional 3-month extension for meeting the residency requirement, with the legislation presented as an emergency measure as the current date for meeting residency is 2-6-03. 2) Committee recommends approval of the following reappointments: Name Committee Term Ending Roger Wylie Economic Development Revolving Loan Fund Committee 12-31-2006 Roy Carlson Enterprise Zone Tax Incentive Review Council 10-19-2005 Gary Cline “ “ “ “ Reports signed by Baker, Beamish and Wise. A motion was made by Mrs. Baker, seconded by Mrs. Saxton, to approve the Personnel Committee Report regarding the reappointments of Messrs Wylie, Carlson and Cline to the respective Committees. Motion passed by unanimous roll call vote. RESOLUTION NO. R-10-03 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDMENT TO THE AGREEMENT FOR THE EMPLOYMENT OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Beamish, Wise, Baker, Mercer, Cultice, Saxton and Bretland. No: None. Mr. Mercer moved for adoption. Motion seconded by Mr. Wise. Yes: Wise, Baker, Mercer, Cultice, Saxton, Bretland and Beamish. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-11-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF DEVELOPMENT FOR THE ADMINISTRATION OF THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND This Resolution was given first title reading. 1-21-03 Page Three Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Wise, Baker, Mercer, Cultice, Saxton, Bretland and Beamish. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Baker, Mercer, Cultice, Saxton, Bretland, Beamish and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-12-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH TROY HOUSING OPPORTUNITY UNITED, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Mercer, Cultice, Saxton, Bretland, Beamish, Wise and Baker. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Beamish. Yes: Cultice, Saxton, Bretland, Beamish, Wise, Baker and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION IN MEMORIAN TO CHARLES R. SHARETT, JR. was read as an expression of sympathy and, upon motion of Mr. Bretland, seconded by Mrs. Baker, was approved by unanimous roll call vote. Mr. Sharett served as the City’s first Recreation Director from 5-1-71 until his death on 1-13-03. ORDINANCE NO. O-1-03 AN ORDINANCE AMENDING SECTION 1509.02 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO CONCERNING EMERGENCY AMBULANCE SERVICES This Ordinance was given first title reading on 1-6-03. Given second title reading. ORDINANCE NO. O-2-03 AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF TROY, OHIO TO DEFINE PRIVATE CLUBS AS A PERMITTED USE IN THE M-2, LIGHT INDUSTRIAL ZONING DISTRICT This Ordinance was given first title reading on 1-6-03. Given public hearing and second title reading. ORDINANCE NO. O-3-03 AN ORDINANCE CHANGING ZONING FOR A 23.383 ACRE PARCEL LOCATED IN CONCORD TOWNSHIP IN THE CITY OF TROY, OHIO FROM OC-1, OFFICE COMMERCIAL DISTRICT, TO R-5, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading on 1-6-03. Given public hearing and second title reading. COMMENTS OF THE MAYOR: The Mayor commented as followed: 1) There were a number of excellent celebrations in honor of Dr. Martin Luther King, Jr. 2) Anthony Char has been appointed to the Troy Planning Commission to fill the unexpired term of Duanne Hannah, who recently passed away and who had served on the Planning Commission since 1986. 3) There have been excellent efforts of the City crews in snow and ice control. COMMENTS OF THE SERVICE & SAFETY DIRECTOR: Mr. Anderson commented that a number of bids well under the project authorization were received on the West Milton Water Line Connection Project. 1-21-03 Page Four COUNCIL COMMENTS: .Mrs. Baker stated she appreciated the organized method by which Ms. Kim made her presentation during the public hearing. .Mrs. Baker asked about the supply of road salt, and Operations Supt. Scott Walter advised that there was a good supply. AUDIENCE COMMENTS: .Mary Huber, 1720 Woodlawn Drive, commented that she felt the Director of Public Service & Safety needing an extension to meet the residency requirement (to sell his home) was reflective of the poor housing market and further justification to deny the rezoning contained in O-3-03. (It was pointed out that the Director’s current residence is in Miami Township.) .Carri Walters, Troy Main Street Director, invited Council to a Troy Main Street “open house” on 1-29-03 to hear about up-coming downtown events. .Frank Jakubek, 1713 Edgewood Drive, commented that he did not feel the Council Chambers’ sound system was effective. .One of the high school students asked about who would pay for the water problems mentioned by Ms. Kim. It was stated that if there are water problems such would be the responsibility of the developer. There being no further business, the meeting adjourned at 8:03 p.m. _____________/s/_________________ _______________/s/___________________ President of Council Clerk of Council |