| August 1, 2005 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, August 1, 2005, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Hutchinson, Mercer and Saxton. (NOTE- Councilmember Craig Wise resigned following the July 18, 2005 meeting of Council. He was moving from the First Ward and, thus, could no longer represent that ward. The Republican Central Committee will appoint a replacement.) Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor David E. Anderson, Director of Public Service and Safety INVOCATION was given by Council Member Hutchinson. MINUTES: The Clerk gave a summary of the July 18, 2005, meeting of Council. The minutes were corrected to show Mr. Hutchinson as Chairman for the report of the Safety & Health Committee. There were no further corrections or additions. Upon motion of Mrs. Baker, seconded by Mr. Mercer, the corrected minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Law & Ordinance Committee: Mrs. Saxton, Chairman, reported as follows: (1) Committee recommends Enterprise Zone Agreement #29 with Ishmael Precision Tool Co. be approved for an investment of $1,223,000, retention of 20 jobs, creation of 12 new jobs at the end of three years with an additional payroll of $500,000, with the incentive of a 10-year 75% tax reduction on increased tangible personal property and real property valuation. Mrs. Saxton noted that the wages for the jobs created will be above minimum wage. (2) Committee recommends legislation be prepared approving the final plat of Pleasant View Estates Section Three, dedication of right-of-way, and accepting payment of $17,772.48 in lieu of dedicated green space. (3) Regarding the replat of IL 8806 (dividing one lot into five, one of which is the land for the American Honda Motor Company, and dedicating a roadway to McKaig Road) Committee recommended legislation be prepared approving such replat. Committee commented that a number of nearby neighbors had voiced concerns regarding traffic potential at the time the roadway would be completed and other items. Committee noted: land within the replat is zoned M-2, Light Industrial District; in addition to the standard buffer between industrial and residential zoned land, an additionally zoned strip was established just north of the residential lots on McKaig to serve as a buffer; the Enterprise Zone Agreement with Honda included language to help address truck traffic routing for the ten year duration of that Agreement; as one side of McKaig is within the Township, there are issues of enforcement not under the jurisdiction of the City; there are no immediate plans to widen McKaig Road in the area where the roadway is proposed for extension; the reported existing drainage issues to the rear of the McKaig properties should be handled by the County or Township; by law, the Honda construction will have to handle any increased run-off on-site and would not impact the residential properties; and concerns about access to land being farmed need to be directed to the owner of that land. Reports signed by Douglas and Saxton. Safety & Health Committee: Mr. Hutchinson, Chairman, reported that Committee recommends legislation be prepared adopting the State of Ohio National Incident Management System (NIMS) Program to provide a consistent approach to how public entities would handle various types of incidents, including natural disasters or terrorist activities. Failure to adopt NIMS and meet the qualification would make the City ineligible to receive any Federal funding. Report signed by Baker, Clark and Hutchinson. Audience comments regarding Committee Reports or Agenda Donna Hormell, 8 S Main, Pleasant Hill, representing Francis Hormell, her mother-in-law who lives on McKaig, read from the Enterprise Zone Agreement with Honda Motor Company the section regarding roadway extension. Mrs. Hormell said that the Myers family resist sale or taking of their land, asked that the roadway be constructed as a lane and not a boulevard, the privacy of the neighbors should be assured, the road should be more centered between the Hormel and Campbell properties, the neighbors would like to know how to contact the property owner for access to the rear of the Hormell property for access to farmed land, the neighbors have concerns about items including driveway access, drainage, potential additional flooding. Richard Stienecker, 2081 McKaig, stated he resisted extending the road. Aug. 1, 2005 Page Two Greg Weaver, 85 Norbert Drive, asked if there is a way to put a mound of dirt along the green space buffer between the residential properties and the areas to the north, with trees and bushes so people would not have to look at a parking lot, and he felt that would help if a truck accidentally turned the wrong way. Mr. Anderson indicated that as abutting properties are developed, the Planning Commission would look at those issues if the development comes before the Commission. Susan Campbell, 1635 McKaig, stated she lives next to where boulevard to proposed to meet McKaig. She commented that: there are problems of back yards flooding and this has increased in the past ten years, some properties have had to sand bag and repair basement walls and floors, read statements of other neighbors regarding water on the lots, residents believe development will only worsen the water situation, the development and building the road can be accepted with limitations, and she hopes there is a compromise. Alice and Tom Myers, 1636 McKaig, read from the Honda Enterprise Zone Agreement and stated the Myers and Barnhart Farm owners will resist all steps to buy or seize their properties. Roberta Schroeder, 1633 McKaig, stated she opposes the construction of Commerce Center Blvd. and feels the plat is residential and a roadway is not part of a residential use, and would like to see the road placed elsewhere. She further commented that the Myers and Barnhart farms should not be split and there is concern of safety issues, noise, air pollution and drainage. Bill Treasure, 790 Barnhart, said he has heard Barnhart Road will be extended to five lanes, feels some houses are close to the road, he objects to the road extension, the Honda traffic should be taken in another direction, and more emphasis should be given to the people who have lived in the area than companies. David Loerka, 1617 McKaig, asked about enforcement of trucks not using the prescribed route. Mr. Anderson indicated there would be signs, Honda will work to see that the routes are followed, and the Enterprise Zone Agreement specifically contained language to address traffic concerns. Tom Householder, 110 Woodridge Drive, asked if the residential buffer available for purchase or green space. Jim Dando, Development Director, stated the purpose of the additional buffer is to provide an additional area between the houses and the industrial land. Mr. Mercer asked for explanation of the replat. Mr. Dando explained: One lot is being subdivided into five properties plus a road. The plat complies with zoning established in 1998 with an additional strip of land to the north zoned residential as a further separation from the industrial zoned land. Plat conforms to thoroughfare plans as far back as a county plan in 1978. Next step is construction of the road. Honda’s engineers are looking at drainage issues, drainage is west to the interstate, the engineering firm will deal with run off from Honda, this may not address, and is not required to address, what has been defined as current flooding, Construction will probably in the winter, with paving in spring/summer. The balance of the property will continue to be marketed by the property owner. The plan calls for a small boulevard near intersection with McKaig. Mr. Anderson commented that the development of the remaining parcels would go through a planning process and need to meet zoning code and regulations. Mr. Clark asked if the building of the road could help with water detention of residential parcels and who is responsible for a buffer area and landscaping. Mr. Dando stated each lot has to handle its stormwater, but may not relieve any water issues along McKaig. The buffer area would be constructed by the developer of each parcel. Mr. Mercer asked when the City could ask a developer to create a buffer, and was advised this would be when the parcel is actually developed. Mrs. Baker asked at what point in time would the street plan be developed if someone wants to look at it. The response was that Honda’s engineer is working on the design, and it would probably be a matter of months. Mr. Clark asked about how accurate the roadway boundary is and was advised the accuracy as shown on the plat would have little variation. Aug. 1, 2005 Page Three RESOLUTION NO. R-42-05 RESOLUTION APPROVING ENTERPRISE ZONE AGREEMENT #29 SUBMITTED BY ISHMAEL PRECISION TOOL CORPORATION AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EXECUTE THE ENTERPRISE ZONE AGREEMENT AND RELATED DOCUMENTS This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Hutchinson, Clark, Mercer, Saxton, Douglas and Baker. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Mercer, Saxton, Douglas. Baker and Hutchinson. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-27-05 ORDINANCE ACCEPTING A REPLAT OF INLOT 8806 IN THE CITY OF TROY, OHIO AND DEDICATING RIGHT OF WAY This Ordinance was first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Mercer, Saxton, Douglas, Baker, Hutchinson and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Yes: Saxton, Douglas. Baker and Hutchinson, Clark and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-28-05 ORDINANCE ACCEPTING THE FINAL PLAT OF PLEASANT VIEW ESTATES SECTION THREE IN THE CITY OF TROY, OHIO, DEDICATING RIGHT-OF-WAY AND ACCEPTING FEES IN LIEU OF DEDICATED PARK LAND This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Douglas, Baker, Hutchinson, Clark, Mercer and Saxton. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Mercer. Yes: Baker, Hutchinson, Clark, Mercer, Saxton and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-29-05 ORDINANCE ACCEPTING THE OHIO NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND IMPLEMENTATION GUIDANCE PROGRAM This Ordinance was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Hutchinson, Clark, Mercer, Saxton, Douglas and Baker. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Mercer, Saxton, Douglas. Baker and Hutchinson. No: None. ORDINANCE ADOPTED August 1, 2005 Page Three ORDINANCE NO. O-30-05 AN ORDINANCE CHANGING ZONING FOR 216 W. FRANKLIN STREET, LOCATED IN THE CITY OF TROY, OHIO, FROM R-7, MULTIPLE FAMILY RESIDENTIAL, TO OR-1 OFFICE RESIDENCE DISTRICT This Ordinance was given first title reading. ORDINANCE NO. O-31-05 AN ORDINANCE CHANGING ZONING FOR 0.764 ACRES, LOCATED IN THE CITY OF TROY, OHIO, FROM OC-1, OFFICE COMMERCIAL DISTRICT, TO OR-1, OFFICE RESIDENCE DISTRICT This Ordinance was given first title reading. COMMENTS OF MAYOR. Mayor Beamish: -Thanked Mr. Lohrer for presenting Proclamation of July 31 as “K’ s Day in Troy”, recognizing K’s Restaurant’s 70th anniversary. -Reminded everyone about the National Night Out event on August 2. -Noted that on July 16, the Jenkins Gateway Park (W. Main & I-75) was dedicated. The Mayor stated he feels the investment in this piece of land benefits the community. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Anderson commented: -County Engineer met with staff today to work on Commerce Center Blvd. -Regarding signs in the right-of-way, following the direction of Council to remove the proliferation of signs, the past weekend a number of signs that were inappropriately located in the right of way were confiscated by City staff. City staff continues to work with the Home Builders Association on keeping signs out of the right-of-way. Mr. Lohrer asked if signs such as those for garage sales were removed from poles and was advised that a number of such signs were removed. COMMENTS OF MEMBERS OF COUNCIL. -Mr. Clark noted the excellent concerts downtown on Friday nights. -Mrs. Baker stated the bar coding from the Post Office went through a recent water bill and made it almost impossible to read and was concerned that this could lead to some difficulty for the citizens. (Mr. Anderson will check with the Post Office.) -Mrs. Baker asked about the assistance to the Fair Board for water line work. Mr. Anderson stated that the City had the equipment to assist the Fair Board, and will be reimbursed for all expenses. -Mrs. Baker asked who made decision to eliminate the cross walk at Norwich and W. Main? (The City or State) -Mr. Mercer commented regarding the replat of IL 8806, that all the provided material was read, the land has been zoned industrial since 1988; he feelS staff will do everything possible to keep truck traffic off McKaig, feels there will be appropriate signs placed, the water issues have been there for a number of years and feels there may be some help, and a southern route to I-75 is a long range plan but nothing was discussed regarding that roadway work. -Mrs. Saxton suggested the McKaig Road residents stay in touch with City staff. She stated she has heard many positive comments about the Troy Aquatic Park and about the new bike path. Mrs. Saxton asked if motorized wheelchairs are permitted on the bike trail, and was advised that an “assistance vehicle” such as a wheelchair is permitted but not other motorized vehicles. -Mr. Douglas commented that he appreciates all the information staff provides Council to keep them informed. COMMENTS OF COUNCIL PRESIDENT. Mr. Lohrer noted that Council #1 priority has been economic development and job retention, the Honda project meets those priorities, and the industrial area where Honda will locate has the potential for other development. AUDIENCE COMMENTS. -Lester Conard, 1210 S. Clay Street, stated there was very loud noise from the fairgrounds over the past weekend and asked if the City could advise fair officials of this. August 1, 2005 Page Five A number of persons presented statements and made statements regarding the roadway and other issues associated with the replat of IL 8806: -Tom Myers, asked how the City will address truck traffic on McKaig and know if the traffic is from Honda or another facility. Police Chief Phelps commented that trucks would have to be stopped and drivers questions regarding delivery to be sure they have a destination and are not just passing through. -Donna Hormel, stated she has no problem with Honda locating in Troy, it is the roadway coming within 15’ of homes. She said she felt the residents were being chastised with the comments of the zoning being in place 20 years. She commented: though truck traffic should go to SR 41, she would like the City to fund screening from the roadway, appreciates the answers they have received, and how will neighbors know about the next process. Mr. Anderson stated it would have to be determined if Council wanted to fund screening. It was noted that subjects of Committee meetings are posted. -Deborah Stichter, 467 W. Staunton Road, stated she felt the wording of the Enterprise Zone Agreement regarding a future roadway and traffic was a “big deal”, however, it did not seem that officials knew about those provisions. Mr. Anderson commented that some information could not be discussed while the Honda negotiations were going on, the unusual clause regarding the roadway and traffic direction was to protect the community, Honda wanted another road, and it was possible to get 2/3 of the cost funded. -Mrs. Saxton noted that the notification of the residents regarding the replat was a courtesy. -Roberta Schroeder, 1630 McKaig, stated she would like a guarantee of being notified of the next meeting on this. Mrs. Saxton stated that would happen under a rezoning. Mrs. Schroeder stated they have lived at their address since 1988 and this is only the second time they have had any communication from the City. -Wanda Favorite, 20 Norbert, stated her grandfather (original owner of the land) had alloted a plot to be a street through the land and everyone knew that, the property owners were advised of this to know no one would be allowed to build on the roadway area, so she doesn’t know what everyone is complaining about. There being no further business, Council adjourned at 8:40 p.m. ______________/s/__________________ _________________/s/___________________ President of Council Clerk of Council |