| February 18, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, February 18, 2003, at 7:00 p.m. in Council Chambers. Members Present: Cultice, Baker, Saxton, Beamish, Wise, and Mercer. Upon motion of Mr. Cultice, seconded by Mrs. Saxton, Mr. Bretland was excused from this meeting by unanimous roll call vote. Presiding Officer: William F. Lohrer, President of Council Others Present: Peter E. Jenkins, Mayor (left meeting at 7:55 p.m.) David E. Anderson, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor An invocation was given by Council member Baker. At 7:03 p.m., Mr. Lohrer declared open a public hearing on Ordinance No. O-5-03. Ms. Jessica Minesinger, applicant, commented: -43% of the Westlake lots are still for sale. The development had a specific market nitch, especially empty nesters, homes sold for $180,000, owners had to be part of home owners association and pay fees. The empty nesters type of development has not been successful in this area, and she understands another development of this type plans to ask for a zoning due to their lack of success. -She is asking for 18.66 acres to be rezoned, and area that has been unkempt. -Her development will facilitate construction of Meadow Point Drive and complete a water loop and this is crucial to the neighboring developments and Concord School. -In the past, she was encouraged by City staff to finish the water line loop to insure water pressure for fire safety and a second means of water service should the water line along McKaig fail for any reason. -At the urging of staff, and feeling there was easement along Meadow Point Drive, she installed 750’ of water line across JMD property, and 35’ short of completing the line, were ordered off JMD property and not permitted to complete it. -Willowcreek (her development) has about $40,000 in permits, construction costs and interest in the JMD water line to date. -Since JMD has stated it has no plans to complete West Lake, two years ago she started working with JMD to purchase the property. Option expires 3-30. -Meadow Point Dr. would be a shorter route for safety vehicles, as well as shorter route for residents. -In light of needs for improvements, Council needs to rezone or file suite against JMD for eminent domain to finish the improvements, estimated at $300,000. -Proposing rezoning to the Willow Point Planned Development standards, and feels this is ideal planning and zoning, transition of lots from adjacent development, Willowcreek conforms to the Comprehensive Plan, has City streets, sidewalks, and there would be combined park lands of a four acre City park for the entire community. -The development would protect the West Lake lots by a landscape buffer of 50-60 mature trees, private streets to not encourage use of West Lake streets, there would be 32 lots rather than 30, home prices commensurate with the appraised value of the West Lake houses, and there would not be a negative impact. Those 15 houses continuous to West Lake would have to use similar exterior; Westlake residents would have access to Willow Point streets, and she believes the completion of the development should have a positive impact on the resale of West Lake properties. -The developer, and not the City, would pay for street and water line improvements. -Houses would probably not be developed until 2004/05, but she is willing to place a bond for the improvements by the effective date of the Ordinance and will start the waterline and road work by 6-1-03. -With a Planned Development, City would have the maximum control over the development as major modifications must be approved by the Planning Commission and Council. -Her company is located in Troy and the development of the community is high priority to her company. -There is great benefit to over 300 homes and Concord School with the completion of the waterline and road. Mr. Mercer asked about the West Lake streets, and it was commented that they would remain private. Ms. Minesinger stated she would place private street signs. 2-18-03 Page Two Mrs. Baker asked who enforces private streets. Ms. Minesinger stated the residents could enforce that if posted. Ms. Minesinger stated that people can travel on the streets in West Lake now, even though there are much more narrow than City streets and the West Lake streets would benefit by less traffic by the completion of Meadow Point Dr. Mr. Lohrer asked about the 34 lots in Sections I and II as he understands that one entity must buy all or none. Ms. Minesinger stated she believes JMD wants out of the development and wishes to sell those lots as a package. She stated she may be interested in the 34 lots, understanding they would be part of the West Lake Home Owners’ Assoc. and the purchasers required to contribute to the association and pay maintenance costs. Mrs. Baker asked why City not complete the waterline loop. Mr. Anderson stated some design money is budgeted for 2003. Ms. Minesinger stated that there is first a legal battle for eminent domain and legal fees, and the water line and road can be accomplished at her expense and with tax dollars. Mr. Mercer asked about the current R-4 zoning remaining, with Ms. Minesinger replying that the proposed change allows for a better transition in zoning, and she felt the City would want the maximum controls over the development with a PD. Mr. Lohrer asked about the average cost of the home in adjacent Willow Creek, with $150,000-$250,000 being the response. Mrs. Saxton how many lots are available in Willow Creek, and was advised that five out of a total of 120 remain, and that development was started after West Lake commenced. Mr. Cultice asked how long it would take to finish the roadway and water line if started June 1, and was advised the water line would take a half day and the road 90 days. Mr. Beamish asked for a clarification regarding the water line connector and why it was not completed. Ms. Minesinger stated her company got a little creative, and not hurting the JMD land, took a legal stretch that there was an implied easement along Meadow Point Drive, but JMD advised there was no easement and ordered them to get off the JMD land. Richard Schelb, 2520 Aster Ct.. commented: -Hampton Woods, Inc. (Ms. Minesinger’s company) sent a letter to West Lake owners covering a number of points. -The issue is not a matter of public safety, it is a matter of money and the developer is looking for way to make money. -The other is a matter of trust. The home owners trusted Planning Commission and Council. -Regarding the landscape buffer, this theoretically will provide a physical barrier to keep people on their own properties; it is supposed to be aesthetically pleasing and was a “token bone” to the West Lake residents. -Ms. Minesinger refers to a traditional development, which he calls “cookie cutter” houses, but West Lake is not made up of cookie cutter houses as all the houses are different and the owners take a great deal of interest in the landscaping. -55-60 trees, 25’-30’ apart is not an effective barrier. -Regarding keeping Willow Point residents from the West Lake private streets, there is no way to keep them off the streets. He said the neighbors are proud of the neighborhood and we don’t care that people come in our neighborhoods to see the homes. -The West Lake residents don’t want others to use amenities in the development because the property owners paid for them, including the walking paths and fishing ponds. -Regarding quicker access, he can agree there would be a savings of 30 seconds using Willow Point Drive (if completed). -Regarding emergency services having faster access, that is probably 30 seconds and he did not feel that will make difference between life and death. -Regarding the water line loop, he feels they have adequate water pressure now for the safety of the development and if the City is extending a larger water line down McKaig, this additional loop makes no sense. -Regarding the 4.5 acre City park, quite a bit of that land is flood plain. -Ms. Minesinger’s restrictions for 15 homes to be sided with brick, cedar or stone is not in the submittal and it is an empty promise. 2-18-03 Page Three -The residents have asked to meet with Ms. Minesinger and this has not been done. An offer she made to meet with them an hour before this Council meeting is not enough. While the residents feel there may be some grounds for resolution, there is not enough time now for review of what may be offered. -The residents agree that JMD will never finish the development, but the owners will be no worse off than they are now. -Regarding the 32 lots versus the 30, there is more than lot size to be considered -- there is also architectural details. Architectural style is important to West Lake. -Regarding the appraised market value—there is a difference between appraised value and market value. -The neighbors do not see a benefit to Westlake of the R-4 zoning going to PD. -The citizens of Westlake are the only ones to suffer if this is approved. -If approved, the fee paid by the owners to maintain roads and ponds will be lost future income to the Association. -They trust that officials of the City will protect the life style of the West Lake Village residents. Mrs. Saxton asked about litigation between the Home Owners’ Assoc. and JMD. Mr. Schelb commented that some of the residents are funding the suit. Jim Motrium, an attorney representing the home owners said that 26 sets of home owners have filed the suit, the trial is in June, this has been going on for a year and a half, and the case will be heard by a visiting judge. He stated that JMD has counter-sued some residents saying that the suit is to force a reduced price for the land, the suit is about why the land did not sell more than anything. He further commented that when it is said that the market changed, that is not true, and that JMD just bailed out. Mr. Schelb commented that with the low interest rates, this is the best time to build/sell houses. There being no further comments, at 7:50 p.m., Mr. Lohrer declared the public hearing closed. MINUTES: The Clerk gave a summary of the February 3, 2003 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Saxton, seconded by Mrs. Baker, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS: Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to enter into an agreement with LJB INC. for the design of Phase A of the North Elm Street Improvement at a cost not to exceed $29,860, which project is the City’s 2003 OPWC project. Committee noted that the Phase A work will assist in determining the scope of the Phase B (final) design, and $85,000 is budgeted for the total design of this project. Report signed by Cultice and Baker. FINANCE: Mr. Beamish, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for a replacement dump truck for the Street Division at a cost not to exceed $63,000. 2) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a 3-year contract for curbside recycling at a total cost not to exceed $900,000. Reports signed by Cultice, Mercer and Beamish. PERSONNEL: Mr. Wise, Chairman, reported that Committee supports the re-appointment of Mark Douglas and Des Wolfe to the Community Reinvestment Area Housing Council for 3-year terms ending 12/31/05. Committee noted that Council makes two of the appointments to the Housing Council. As this is not a matter of legislation, Committee will ask that approval of the re-appointments be by motion, second and roll call vote. Report signed by Baker, Beamish and Wise. Upon motion of Mr. Wise, seconded by Mr. Mercer, by unanimous roll call vote Council approved the re-appointments of Mark Douglas and Des Wolfe to the Community Reinvestment Area Housing Council for 3-year terms ending 12/31/05. RECREATION & PARKS: Mr. Wise reported that Committee recommends legislation be prepared returning the responsibility for the setting the golf fees for Miami Shores to the Board of Park Commissioners. Report signed by Saxton and Wise. 2-18-03 Page Four RESOLUTION NO. R-14-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR A CITY WIDE CURBSIDE RECYCLING PROGRAM This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Wise, Cultice, Mercer, Baker, Beamish and Saxton. No: None. Mr. Mercer moved for adoption. Motion seconded by Mr. Beamish. Yes: Cultice, Mercer, Baker, Beamish, Saxton and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-15-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE PURCHASE OF A REPLACEMENT DUMP TRUCK FOR THE STREET DIVISION This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Mercer, Baker, Beamish, Saxton, Wise and Cultice. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Wise. Yes: Baker, Beamish, Saxton, Wise, Cultice and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-16-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH LJB INC. FOR THE PHASE A DESIGN OF THE NORTH ELM STREET IMPROVEMENT This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Beamish, Saxton, Wise, Cultice, Mercer and Baker. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Wise. Yes: Beamish, Saxton, Wise, Cultice, Mercer and Baker. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-5-03 ORDINANCE CHANGING THE ZONING OF PARTS OF INLOTS 7146 NBD 7271 IN THE CITY OF TROY, OHIO FROM A 9.898 ACRE PLANNED UNIT DEVELOPMENT AND 8.764 ACRES OF R-4, SINGLE FAMILY RESIDENCE DISTRICT AND ADOPTING A PLANNED DEVELOPMENT This Ordinance was given first title reading on 2-3-03. Given public hearing and second title reading. ORDINANCE NO. O-6-03 ORDINANCE APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE CITY OF TROY, OHIO FOR THE YEAR 2003 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. 2-18-03 Page Five Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Saxton, Wise, Cultice, Mercer, Baker and Beamish. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer. Yes: Wise, Cultice, Mercer, Baker, Beamish and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-7-03 ORDINANCE AMENDING SECTION 933.21 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING GOLF COURSE FEES This Ordinance was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Cultice, Mercer, Baker, Beamish, Saxton and Wise. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Baker. Yes: Mercer, Baker, Beamish, Saxton, Wise and Cultice. No: None. ORDINANCE ADOPTED COUNCIL COMMENTS: -Mr. Mercer asked if someone could advise him of when the last lot was sold in West Lake Village and if there are any sale signs or indications of sales activity. -Mr. Beamish asked about any plans for the recognition of Nancy Decker. Mr. Anderson stated it has been discussed, but the City is first asking Dr. Decker and NASA to determine if they have any concerns about a sign or recognition that Troy is the astronaut’s home town. Mr. Beamish commended the Public Works staff on snow removal efforts with a 12”-14” snowfall the past weekend. There being no further business, the meeting adjourned at 8:18 p.m. ______________/s/__________________ _______________/s/_____________________ President of Council Clerk of Council |