| May 19, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, May 19, 2003, at 7:00 p.m. in Council Chambers. Members Present: Baker, Beamish, Cultice, Mercer, Saxton and Wise. 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 David E. Anderson, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law INVOCATION: An invocation was given by Council Member Beamish. AMENDING AGENDA. Mayor Jenkins commented that because of concerns he has had regarding adult entertainment facilities, he discussed with the Director of Law the possibility of placing a moratorium on such facilities for a six-month period so that the City can assure any new such business is appropriately regulated. The Mayor stated that pursuant to his request, the Director of Law has prepared a Resolution in this regard, which the Clerk has numbered R-39-03, and the possibility of such action has been discussed with Council member Mercer. The Mayor respectfully asked that the President of Council entertain a motion from Council to amend Council’s agenda for this meeting to add Resolution No. R-39-03. A motion was made by Mr. Mercer to amend the agenda for this meeting to add Resolution No. R-39-03. The motion was seconded by Mrs. Saxton and approved by unanimous roll call vote. EXECUTIVE SESSION/AMENDING AMENDED AGENDA. A motion was made by Mr. Beamish to recess into executive session to consider the purchase of property for a public purpose. Motion seconded by Mr. Cultice and passed by unanimous roll call vote. At 7:05 Council recessed into executive session. At 7:18 p.m. Council returned from executive session. A motion was made by Mrs. Saxton, seconded by Mr. Beamish, to amend the amended agenda to add Resolution No. R-40-03. Motion passed by unanimous roll call vote. MINUTES: The Clerk gave a summary of the May 5, 2003 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Baker, seconded by Mr. Cultice, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS: Mrs. Baker, Chairman, reported as follows: 1) Committee recommends the Resolution of Necessity be approved for Phase 2 of the Sidewalk Replacement Program, which program addresses sidewalks that are a liability issue for the property owners and the City due to their poor condition, and includes a reforestation portion to remove trees that have caused raised sidewalks and, where practical, replacing those trees. Committee further recommended that the property owners be given till 9-1-03 to have sidewalks replaced or the sidewalk work under permit, after which date the City will contract for the remaining work to be done with the property owners then having the option of paying for their share when the project is complete or have the cost assessed to the taxes to be paid over a five year period. Committee noted that slate sidewalks will be removed if they have been marked for removal; the marked trees will be removed by the City and property owners may contact the City if they wish to see if a marked tree can be saved; if the City has not marked a tree for removal and the property owner wishes the tree removed, that work will be at the expense of the property owner; the City will continue to pay for replacement handicap ramps at the curb radii; a permit to replace a sidewalk will be good for six months with a six month extension as long as the sidewalk contractor retains the license; and for all sidewalk work a permit is required with the minimal cost paid. Committee recommended the legislation be presented as an emergency measure so that notice to the property owners could commence immediately. 2) Committee recommends the emergency legislation provided by the Ohio Dept. of Transportation (ODOT) be approved for the State to pave SR 41 from Plum Street to I-75), authorized the City to pay $78,890, or approximately 20% of the cost, and authorize the Director of Public Service & Safety to enter into an agreement with ODOT for this project. Reports signed by Cultice and Baker. FINANCE: Mr. Beamish, Chairman, reported that Committee recommends legislation be prepared declaring as surplus a number of City vehicles and authorizing the Director of Public Service & Safety to advertise the vehicles for sale. Report signed by Cultice, Mercer and Beamish. 5-19-03 Page Two LAW & ORDINANCE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared associated with the realignment of Hobart Drive to connect with Adams Street, with Hobart Drive becoming Adams Street South, to provide for the vacation of a part of an alley and part of Hobart Drive and to replat the lots including vacated right of way and the dedication of the public right of way of Adams Street South as an emergency measure so that upon the effective date of Ordinance No. O-14-03 (rezoning requested by Tim Hortons) work can commence, including the infrastructure improvements that Tim Hortons will make. Committee further recommended that the legislation authorize the Director of Public Service & Safety to enter into an agreement with Tim Donut US Limited, Inc., parent company of Tim Hortons, whereby said company will be making a number of infrastructure improvements (water main replacement, sewer improvements, roadway construction, etc.) with the City to reimburse TIm Donut US Limited, Inc. an amount not to exceed $180,000 for the City’s share of such improvements. 3) Committee recommends Ordinance No. O-15-03 be approved, rezoning Inlots 9303 and 9304, the land also known as the Holter Annexation, from the County zoning classifications of agriculture and residential to R-4, Single-family Residence District, as Committee feels such zoning is consistent with adjacent parcels and the best use of the land. Committee noted that owners of property within the area brought up issues such as traffic, drainage, size of lots, dedication of park land, property values, etc., and that most of those issues are not matters of zoning, but of platting and were issues to be addressed as a plat is developed. Committee further recommended the Township residents pursue the cleaning of the Ziegenfelder Ditch, which ditch improvement the residents turned down in the 1970s, through the Township and County officials as the proper maintenance of this ditch should help alleviate some of the owners’ drainage concerns. Reports signed by Beamish, Mercer and Saxton. Discussion. Mr. Beamish commented that the developers stated they plan to have lots larger than 9,000 sq.ft., but with the next zoning being lot size of a minimum of 15,000 sq. ft., they felt the R-4 zoning most appropriate to provide flexibility of lot sizes. Mr. Lohrer commented he understood most lots would be in excess of 9,000 sq.ft., but not necessarily 15,000 sq. ft. Mr. Mercer commented that everyone understood this was a zoning issue, but there will be opportunity for comment on other concerns by the residents during the platting process. Mrs. Baker asked that if the area is rezoned and a plat submitted within the parameters of the zoning proposed, may the developers proceed based on the minimum size lot, and it was stated that is correct. Mr. Lohrer commented that he felt Council did hear the concerns of those opposed to the rezoning. Oral Report. Mrs. Saxton commented that notice of a new D5 Liquor Permit filing for Ruby Tuesday, Inc. at 1790 W. Main Street has been received by the City. RECREATION AND PARKS: Mr. Wise, reported that Committee recommends legislation be prepared authorizing the Board of Park Commissioners to accept land donations and easements from ITW/Hobart for recreational trails located in the Westbrook area near Lytle Road. Report signed by Saxton and Wise. UTILITIES: Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing the bidding for the cleaning of the west lime sludge lagoon at a cost not to exceed $125,000. Report signed by Saxton, Wise and Mercer. RESOLUTION NO. R-34-03 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 CLEANING OF THE WEST LIME SLUDGE LAGOON This Resolution was given first title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Cultice, Mercer, Saxton, Wise, Beamish and Baker. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Saxton. Yes: Mercer, Saxton, Wise, Beamish, Baker and Cultice. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-35-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS FOR THE SALE OF VARIOUS CITY VEHICLES NO LONGER NEEDED FOR A PUBLIC PURPOSE This Resolution was given first title reading. 5-19-03 Page Three Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Saxton, Wise, Beamish, Baker, Cultice and Mercer. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer. Yes: Wise, Beamish, Baker, Cultice and Mercer and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-36-03 RESOLUTION OF THE COUNCIL OF THE CITY OF TROY, OHIO DECLARING THE NECESSITY OF CONSTRUCTING AND/OR REPAIRING SIDEWALKS IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Beamish, Baker, Cultice, Mercer, Saxton and Wise. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Wise. Yes: Baker, Cultice, Mercer, Saxton, Wise and Beamish. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-37-03 RESOLUTION APPROVING THE STATE ROUTE 41 PROJECT IN THE CITY OF CITY OF TROY, OHIO AND DECLARING AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO SIGN ALL NECESSARY DOCUMENTS RELATED THERETO AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Cultice, Mercer, Saxton, Wise, Beamish and Baker. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Mercer. Yes: Mercer, Saxton, Wise, Beamish, Baker and Cultice. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-38-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH TIM DONUT U.S. LIMITED INC., FOR INFRASTRUCTURE AND CONSTRUCTION WORK ON WEST MAIN STREET, HOBART DRIVE, HOBART CIRCLE & ADAMS STREET SOUTH This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Saxton, Wise, Beamish, Baker, Cultice and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Wise, Beamish, Baker, Cultice, Mercer and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-39-03 RESOLUTION IMPOSING A MORATORIUM ON ADULT ENTERTAINMENT FACILITIES IN THE CITY OF TROY FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Beamish, Baker, Cultice, Mercer, Saxton and Wise. No: None. 5-19-03 Page Four Mr. Beamish moved for adoption. Motion seconded by Mr. Wise. Yes: Saxton, Wise, Beamish, Baker, Cultice and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-40-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO PURCHASE REAL ESTATE AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Mercer, Saxton, Wise, Beamish, Baker and Cultice. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker. Yes: Saxton, Wise, Beamish, Baker, Cultice and Mercer. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-15-03 AN ORDINANCE CHANGING ZONING FOR INLOTS 9303 AND 9304, IN THE CITY OF TROY, OHIO, FROM A-1 DOMESTIC AGRICULTURE, A-2 GENERAL AGRICULTURE, AND R-1AAA SINGLE FAMILY TO R-4 SINGLE FAMILY This Ordinance was given first title reading on 3-17-03. Given public hearing and second title reading on 4-7-03. Given third title reading on 4-21-03. Given fourth title reading on 5-5-03. Given fifth title reading. Mrs. Saxton moved for adoption. Motion seconded Mr. Mercer. Yes: Wise, Beamish, Cultice, Mercer and Saxton. No: Baker. ORDINANCE ADOPTED ORDINANCE NO. O-34-03 ORDINANCE ACCEPTING A RIGHT-OF-WAY VACATION PLAT IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Saxton. moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Beamish, Baker, Cultice, Mercer, Saxton and Wise. No: None. Mrs. Saxton moved for adoption. Motion seconded Mrs. Baker. Yes: Baker, Cultice, Mercer, Saxton, Wise and Beamish. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-35-03 ORDINANCE ACCEPTING A REPLAT OF INLOTS 151, 3051 THROUGH 3054 AND PORTIONS OF RIGHT-OF-WAY VACATED BY O-34-03 IN THE CITY OF TROY, OHIO AND DEDICATING RIGHT OF WAY AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Beamish, Baker, Cultice, Mercer, Saxton and Wise. No: None. Mr. Wise moved for adoption. Motion seconded Mr. Beamish. Yes: Baker, Cultice, Mercer, Saxton, Wise and Beamish. No: None. ORDINANCE ADOPTED 5-19-03 Page Five ORDINANCE NO. O-36-03 ORDINANCE AUTHORIZING THE BOARD OF PARK COMMISSIONERS OF THE CITY OF TROY, OHIO TO ACCEPT A CERTAIN GIFT OF REAL PROPERTY FROM HOBART/ITW AND DEDICATING IT AS PARK LAND FOR USE IN THE CITY OF TROY This Ordinance was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Beamish, Baker, Cultice, Mercer, Saxton and Wise. No: None. Mr. Wise moved for adoption. Motion seconded Mr. Beamish. Yes: Baker, Cultice, Mercer, Saxton, Wise and Beamish. No: None. ORDINANCE ADOPTED MAYOR’S COMMENTS: The Mayor commented: 1) The local veterans have done a great job in organizing the Memorial Day parade and ceremonies, and he hopes there is a good citizen turn out on Memorial Day. 2) The National DARE Day was well done. 3) He has appointed James Stubbs to fill the unexpired term of Walter House (deceased) on the Troy Recreation Board. 4) He appreciates Council approving R-39-03. SERVICE & SAFETY DIRECTOR COMMENTS: Mr. Anderson commended the Police Department for activities in investigating Total Xposure. COUNCIL PRESIDENT COMMENTS: Mr. Lohrer commented on the hazard skateboarders and bicyclists create for downtown pedestrian traffic. Mr. Anderson commented that these items are prohibited from the sidewalks in the downtown and the Police Department has been asked to be more diligent in enforcement of the prohibition. COUNCIL COMMENTS: -Mrs. Saxton commented that the DARE graduation held for three schools together worked well. AUDIENCE COMMENTS: Regarding the rezoning contained in O-15-03: -Brad Adams, 2455 Peebles Road, commented about the amount of money the developers could make in developing the land and stated he is concerned that nothing has been set aside to legally protect others from the downside of the development, such as drainage concerns, and stated there is legal precedent for a City being forced to buy property that was adversely impacted by another development. Mr. Adams read comments that others had made at prior Council meetings about drainage and flooding issues, particularly the Little Ponderosa residents who stated their opinions that the Stonebridge pond flooded their properties, and Mr. Adams stated he understands that the developers of the Holter land plan to use the same engineering company that Stonebridge used. Mr. Anderson commented that in the 1970s the residents opposed a ditch petition that would have cleaned out the Ziegenfelder Ditch and improved the drainage in the area; by law plats will hold all their drainage and let the water out at a metered rate of low; the intent is to have drainage systems over-engineered; rather than cast stones at the City, the Township residents should look at the County Engineer and Township Trustees to see what they have done in the last 50 years to help the residents; the City has begged the Trustees to create a drainage improvement; and that based on legal requirements and the City’s development standards, the development of the Holter land should be stormwater neutral. Mr. Adams asked who pays for the ditch improvement, with Mr. Anderson responding that it would be an area wide basin improvement and the property owners who benefit would pay. Mr. Anderson further commented that if the County and Township will work with the City, he is sure they will find a solution. Mr. Adams commented that more automobiles traveling on the roads adjacent to the Holter land will result in more motor oil on the surface roads that will run into a detention pond and there is no protection from contamination for the people living in the areas already developed. Mr. Anderson suggested that there is a bigger problem with the chemicals applied to the farm fields than from oil washed off roads. -Pat Honeyman, 2645 W. Peebles Road, stated that some of the home owners want the ditch (Ziegenfelder) cleaned before development. -Alton Ording, 3254 SR 718, commented that he was one of the persons who stopped the petition to clean the Ziegenfelder Ditch some years ago because of the cost to the abutting property owners and because the then County Engineer told him the improvement would do him no good. Mr. Ording suggested that as the City has annexed the Holter property, the City should pay for the ditch improvement. -Janie Marker, Peebles Road, asked how the Holter land came to be annexed, and it was stated that the process started with a petition by the property owners. She then asked how many members of Council knew the proposed 5-19-03 Page six developers of the land. Mr. Cultice asked why that question was asked. Ms. Marker stated that while she had just gotten involved in this issue, she felt the rezoning was approved very fast, and suggested that “if you know enough people then things go through”. Mr. Cultice stated he was insulted by Ms. Marker’s comments. -Glen Honeyman, 2465 Peebles Road, stated that he watched Council “Pledge Allegiance” and then watched the proceedings to approve the rezoning and that scared him, and he felt more members of Council should have opposed the rezoning. Mr. Lohrer and Mrs. Saxton discussed the hours of Committee meetings devoted to discussing just this rezoning, with Mr. Honeyman stating he attended some of the Committee sessions. Mrs. Saxton invited Mr. Honeyman to attend Committee sessions with her for the next few months to see the time Council invests in discussing issues. Mr. Mercer commented that issues of rezoning are often not easy; that Council carefully studies the issues before them; that he knows Mr. Honeyman has been involved in the community; and he is upset that Mr. Honeyman feels the way he does. Mr. Honeyman commented that he feels citizens will not get involved unless an item effects them. -Sue Campbell, 2255 W. Monroe Concord Road, a Concord Twp. Trustee, commented: she would not take the rap for what has happened since 1972 (time period of the failed ditch petition); the County Engineer has stated there should be no development of the Holter land until the Ziegenfelder Ditch is cleaned out; the work will cost a lot and maybe the City should help with the cost or the runoff should be put into the City system and not back into the stream; and in the future any blame will be in the City’s court. -In response to a question of how the rezoning could be stopped, Mrs. Saxton stated that a citizen could seek his own legal recourse. Regarding the Sidewalk Improvement Program: -resident at 238 Grant Street, stated he objected to the City’s position that slate sidewalks were slick as he has a number of pieces of slate sidewalk and feels they are not slick and are safe. -In response to Mr. Mercer’s question, Mr. Leffel, Public Works Director, commented that an infill program (install sidewalk where none exists) is a different and longer assessment process from a repair/replacement assessment program. Mr. Leffel commented that the City intends to start an infill program once the replacement program is further underway. -Joe Ferrier, 237 Grant Street, stated his property had slate that was not cracked, although the sidewalks are raised, and the house was constructed in 1872. He also asked about salvaging a tree. Mr. Anderson stated he was willing to accept some “half moon” areas of sidewalk if a tree could truly be saved. -Lois Ferrier, 237 Grant, stated she hoped to have the slate blocks leveled; and it was stated that is acceptable if the leveling is successful and the sidewalks not then crack. TROY MAIN STREET PRESENTATION: Carri Walters, out-going Executive Director of Troy Main Street, commented: the Sculptures on the Square Program is within the budget; a number of merchants have paid for and placed pots with flowers outside their stores; and she introduced Chuck Fox, the new Director. Mayor Jenkins thanked Ms. Walters for all her work with Troy Main Street. There being no further business, the meeting adjourned at 9:01 p.m. ________________/s/_______________ _________________/s/__________________ President of Council Clerk of Council |