| April 18, 2005 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, April 18, 2005, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Hutchinson, Mercer, Saxton and Wise. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor David E. Anderson, Director of Public Service and Safety W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor INVOCATION was given by Council President Lohrer. MINUTES: The Clerk gave a summary of the April 4, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Saxton, seconded by Mr. Hutchinson, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Law & Ordinance Committee: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends Ordinance No. O-8-05 be approved, which provides for the rezoning of IL 9403 from County Agriculture District to a residential Planned Development, known as Summerfield, as the proposed zoning change is consistent with the Comprehensive Plan and neighboring properties, it is an appropriate use of the land, and the plan will provide for a mix of lot sizes and home styles. Committee further noted that as this is a Planned Development there is more protection for the City and neighbors than there would be under a traditional rezoning as any major changes to the development plan would have to be approved by the Planning Commission and Council. (Copy of report attached to original minutes.) 2) Committee recommends Ordinance No. O-13-05, which would limit the authority of the BZA in sign variances that could be granted, not be approved. Based on information reviewed, Committee feels that the current ordinance provisions in this regard are sufficient at this time. (Copy of report attached to original minutes.) 3) Committee recommends legislation be prepared approving the vacation of a storm sewer easement on IL 9490 (location of Goodwill and Hidy Honda Power Sport) as the easement is not used, thus permitting the construction of the Hidy Honda facility. 4) Committee recommends Ordinance No. O-14-05, rezoning of part of OL 235 (1267, 1309, 1313 and 1327 S. Crawford) be approved. Committee reviewed all information submitted at various meetings. As the area is to be used as a parking lot, it would be resurfaced, which should eliminate dust issues. There were concerns expressed that an adjacent property would not have the ingress/egress now enjoyed; however, as there is an access easement as part of the plat, the easement cannot be used for parking and ingress/egress should be unchanged. Committee stated it concurred with the Planning Commission findings that the proposed rezoning is consistent with the Comprehensive Plan, consistent with the intent and purpose of the Zoning Code, public utilities and services are adequate to service the property under the proposed zoning, and the proposed rezoning is compatible with the majority of uses permitted on property in the immediate vicinity. Reports signed by Mercer, Wise and Saxton. Recreation & Parks Committee. Mr. Wise, Chairman, reported as follows regarding the former Wampler Buick site on Elm Street: - Based of concerns that former activities at this site may have resulted in potential contaminants to the water supply, it is imperative that there be an environmental assessment to determine if there are contaminants and, if so, determine a remediation process. So that the environmental assessment can proceed, Committee recommends that legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with BHE Environmental at a cost not to exceed $50,000 to perform environmental assessment and associated work on the former Wampler Buick site. - Committee recommends that legislation be prepared authorizing an application to the Clean Ohio Revitalization Fund, with committee noting that the application may cover green space utilization and economic reuse funds once the environmental assessment results are known. Report signed by Saxton, Hutchinson and Wise. April 18, 2005 Page Two CITIZEN COMMENTS ON AGENDA OR COMMITTEE REPORTS: Regarding O-8-05: - Rick Usserman 3285 Peebles Rd., commented that on 11-4-03 almost 67% of the residents voted not to rezone the land now proposed as Summerfield, density has changed little from the plan for the defeated rezoning, and concerns then were of uncontrolled growth, traffic, school overcrowding, and water issues and there has been no action on any of those items. Mr. Usserman quoted from newspaper articles on this proposed rezoning and asked that the ditches be improved and access at the schools be corrected before there be a rezoning. - John Scott, 3125 Peebles Rd., commented that the Governor is cutting funding to the schools, and this rezoning would increase student enrollment at Concord School causing even more problems for the school. - Glen Honeyman, 2645 Peebles Rd., urged Council to think about the problems and vote the way the people in the City want to see them vote - Jessica Minesinger, developer of Summerfield, stated that the proposed planned development is a vastly different plan than the rezoning overturned by a previous referendum; that rezoning had minimum 9,000 square foot lots and would have been about 400 houses, a Planned Development would provide more controls and those controls run with the land, with the development there will be improvements to the Washington Road/SR 718 intersection, the City is being given land to help with straightening Wilson Road, storm water runoff is three times that required, part of the ditch that needs work will be improved, and the proposed price range for homes in Summerfield is now not being met inside the City. Jerry Stichter, 467 W. Staunton Road, asked about the former Wampler Buick site, including if the land is in the City and if the current owner is not responsible for any remediation of pollutants. Mr. Anderson replied that the land is not in the City and stated that the current owner would not be liable and the City wishes to address a low level contamination issue before it could become high level and seeks to protect the well field and water supply of the community and the water supply used by one-third of the community. Mr. Stichter stated he sees this as the City spending tax dollars on a private property matter on land not in the City. Councilmember Wise stated that Council is addressing first a water protection issue and how and if this land may be used by the City will not be known until the assessment is done. RESOLUTION NO. R-22-05 RESOLUTION AUTHORIZING A CONTRACT WITH B.H.E. ENVIRONMENTAL OF COLUMBUS, OHIO TO PERFORM PROFESSIONAL SERVICES This Resolution was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Saxton, Mercer, Douglas, Clark, Hutchinson, Baker and Wise. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Mercer, Douglas, Clark, Hutchinson, Baker, Wise and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-23-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO FINAL AN APPLICATION WITH THE STATE OF OHIO TO PARTICIPATE IN THE CLEAN OHIO REVITALIZATION FUND This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Douglas, Clark, Hutchinson, Baker, Wise, Saxton and Mercer. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Hutchinson, Baker, Wise, Saxton, Mercer and Douglas. No: None. RESOLUTION ADOPTED April 18, 2005 Page Three ORDINANCE NO. O-8-05 ORDINANCE CHANGING THE ZONING FOR INLOT 9304 IN THE CITY OF TROY, OHIO FROM COUNTY A-1 AND A-2 AND ADOPTING A PLANNED DEVELOPMENT This Ordinance was given first title reading on February 22, 2005. Given public hearing and second title reading on March 7, 2005. Given third title reading on March 21, 2005. Given fourth title reading on April 4, 2005. Given fifth title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Wise, Saxton, Mercer, Douglas and Clark. No: Baker and Hutchinson. ORDINANCE ADOPTED ORDINANCE NO. O-13-05 AN ORDINANCE AMENDING THE CITY OF TROY ZONING CODE SECTION 1000.14130 TO RESTRICT THE SIZE OF VARIANCE FOR SIGNS This Ordinance was given public hearing and first title reading on March 21, 2005. Given second title reading on April 4, 2005. Given third title reading. Mrs. Baker moved for adoption. Motion seconded by Mr. Douglas. Yes: Douglas No: Hutchinson, Baker, Wise, Saxton, Mercer and Clark. ORDINANCE FAILED ADOPTION ORDINANCE NO. O-14-05 AN ORDINANCE CHANGING ZONING FOR PART OF OUTLOT 236, LOCATED IN THE CITY OF TROY, OHIO, FROM R-6, TWO-FAMILY RESIDENTIAL DISTRICT TO M-2, LIGHT INDUSTRIAL DISTRICT This Ordinance was given public hearing and first title reading on April 4, 2005. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Douglas, Clark, Baker, Wise, Saxton and Mercer. No: Hutchinson. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Clark, Hutchinson, Baker, Wise, Saxton, Mercer and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-16-05 ORDINANCE VACATING A STORM SEWER EASEMENT IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY. This Ordinance was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Wise, Baker, Clark, Saxton, Douglas, Hutchinson and Mercer. No: None. Mrs. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Baker, Clark, Saxton, Douglas, Hutchinson, Mercer and Wise. No: None. ORDINANCE ADOPTED April 18, 2005 Page Four COMMENTS OF MAYOR. The Mayor commented: 1) An MS Walk was held 4-17. 2) On 4-10 the second Habitat home being built by women was started, and the efforts of all Habitat for Humanity volunteers should be commended. 3) Regarding the Local Government Fund, the Mayor noted that the proposal that has passed the Ohio House would cut by 20% these funds to the City and the matter is now before the Senate. He stated that a letter has been prepared that he asked Council to sign to encourage Ohio Senators to recognize the impact on cities these cuts would present and encourage the State Senators to not approve the proposal. COMMENTS OF SERVICE AND SAFETY DIRECTOR. Mr. Anderson commented that the State has approved the City’s OPWC funding for Peters and Ridge in the amount of $450,000; this project would not be bid prior to July 2005. COMMENTS OF DIRECTOR OF LAW. Regarding the Grismer Tire Company sign that is in violation of Ordinances, Mr. Dixon stated the trial that was to be held the coming week has been continued. COMMENTS OF COUNCIL: -Mr. Clark stated he attended the annual Kiwanis Pancake Breakfast and noted the many good works the Kiwanis organization does with the proceeds. -Mrs. Baker noted that playground equipment in neighborhood parks such as Westbrook has become quite rusty and asked about the maintenance plan for such equipment. Mr. Anderson noted that the Park Department routinely inspects such equipment and has a program to replace equipment. -Mr. Wise asked about selection of the playground equipment, noting that in Kensington Park, where there are a number of young children, there are no swings. -Mrs. Saxton commented about the sidewalk replacement program and the trees that were removed as part of the program, and said that in Westbrook there had been dissatisfaction with the removal of so many older trees, but the area is beautiful this Spring with new trees blooming. -Mrs. Saxton noted the Council visioning session scheduled for April 25. Mr. Anderson indicated that input at the visioning session will be limited to elected officials. -Mr. Hutchinson asked about the N. Market railroad crossing that is in disrepair, and was advised the repairs will be made as soon as the asphalt plant opens. AUDIENCE COMMENTS: Tara Marshall, 1455 Hunters Court, said she was representing her neighbors and stated that she lives next to a drainage easement that does not drain and she has contacted the developer, builder, Health Department, EPA, and City Engineering Department for help.. She said she understands individual property owners are to maintain this area per the plat, but there is nothing to maintain as there is a depression on the land, there is a “tunnel” for the water but it is above the depression. Mr. Anderson commented that the easement is a private property owner concern and repairs need to be done by the residents as a rule. However, the City staff has recommended that a storm water utility be created because of these types of concerns, and information on establishing such a utility should go before Council shortly for their consideration of establishing a fee per each residence in the City to create the funds for maintenance of these areas and ditches. Glenn Honeyman stated he was curious as to how Council persons know how to vote, and asked if they take surveys or what procedures are used, as he feels Council does not listen to the people. -Mr. Lohrer stated Council receives a great deal of paper work, studies issues, hold meetings, and makes decisions. -Mr. Wise stated Council phone numbers are published, and there are many means of reaching Council. He stated he received favorable comments about Summerfield and none opposed. -Mrs. Saxton stated she also looks at all the information provided. -Mrs. Baker stated that Council is elected to make decisions and the citizens can make a statement at the polls as to how they feel about the decisions made by members of Council. Jerry Stichter, 465 W. Staunton, said that when he asked about the old WACO field having dumped fuel in the area where the new aquatic center is being built, he was told no environmental assessment was needed and he finds it strange that the subject of contamination and monitoring of wells comes up when the City is trying to buy another property. Mr. Anderson stated wells are monitored all the time and there is a daily and hourly function to report on the quality of water. He further stated that if the plume (contamination) near the old Wampler property is unchecked it could create a larger problem. Mr. Anderson asked Mr. Stichter if he supported monitoring the well system. Mr. Douglas stated that he feels Mr. Stichter is making an allegation and he asked Mr. Stichter to state his allegation more clearly. April 18, 2005 Page Five Mr. Stichter stated he understands that the current owner of a property is responsible for the environmental protection of his property, Mr. Anderson said that is not true, so Mr. Stichter said he’d check that out. Mr. Stichter declined to make further comment. Mr. Anderson advised that the environmental assessment being done is “due diligence” before possibly purchasing land and the assessment needs to be done in this case ahead of a grant application. He also stated that the original business on the property is defunct and he sees no purpose of bankrupting the current owner to force remediation of any contamination not created by the current owner. There being no further business, Council adjourned at 8:22 p.m. ________________/ s/_______________ ________________/s/___________________ President of Council Clerk of Council |