| April 3, 2006 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, April 3, 2006, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton. Presiding Officer: Ted S. Mercer, President of Council Pro Tem Others Present: Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council Member Douglas. PUBLIC HEARING: At 7:03 p.m., Mr. Mercer declared open a public hearing on Ordinance No. O-16-06, the Honey Creek Planned Development. Comments opposing the development: -Gerry Williamson, 3078 Troy-Piqua Road -too much traffic on Troy-Piqua Road now, he does not want more traffic, he does not want vinyl box houses, and he wants to see the woods saved. - Robert Brumbaugh, 160 Crestwood, stated concerns about noise, traffic, increased truck traffic. He stated he thinks the City is waking up to citizens feeling there has been too fast of development; there will be less people who can buy the homes with the closing of MTPD, Summit Insurance and Delphi (Dayton); and he has read that 20% of newly built homes are unsold. - Clyde Evans, 2125 DeWeese, stated he bought land and moved from City to the Country; he is not happy to be back in the City; in a nearby area there are 14 houses for sale; plants are closing; there are water drainage problems on the land now; this could make water problems worse; he does not want wild life interfered with. - Mary Davis, 145 Finsbury Lane, stated that after the last rain ( 3”), she walked on N. Market and found the bridge was acting as a dam and water not flowing and found the same at Maplecrest bridge. Mrs. Davis stated she feels more development will further slow the water and cause flooding. - Raymond Favorite, 756 Skylark, stated he feels the development will cause more misery and water problems in the Kidder Ditch, a concrete bottom was not put in areas of the ditch and should have been; this development will create more areas to maintain; no new houses are needed; taxes are already too high for senior citizens; he does not feel Troy is an attractive town; and Mr. Anderson did not get back with him on a flood zone issue. - Rachel Livengood, 1116 Scenic Court, stated her property abut the Kidder Ditch; there have been drainage problems for many years; about 10-11 years ago at a meeting at Cookson School, the Kidder Ditch was an issue then; right now the ditch is higher than it should be by 1’ because of the silting in the ditch; she has concern that the development/City will not be fair to existing homes; the ditch is wet all year and there are mosquitoes that can pose a health problem; if the City had followed Codified Ordinance Section 1119.09(d), the Kidder Ditch would have been constructed with pipe or concrete bottom; Dewey’s Run (a development owned by a City employee) did not follow that ordinance either; Street floods during heavy rain and the water comes well up into yards and driveways; Stonyridge/Market needs a traffic light but was told the location does not meet warrants; she asked if the light at Cricket meets warrants; the development and planned fire station will make traffic worse; and the City needs to handle issues before there is more development. - Tammy Yahle, 995 Oakhill Court, stated that during last big rain the fields were flooded for a day and a half; traffic is now bad and too fast on Troy-Urbana Road; and there is not good visibility for traffic. - Lowell Davis, 145 Finsbury Lane, commented drainage is a problem; the Kidder Ditch backs up into Finsbury now; the Maplecrest Bridge is too low; the drainage needs to be addressed; and the fire station will not have a retention pond so it will drain into the Kidder Ditch causing more water issues. - Brad Bergman, 1233 Northrbrook Lane, stated he has been in Troy about four years; it seems that every year there is a development that gets put on the ballot and the development is defeated; citizens say Troy does not need more houses and the City is not listening; to put 300 new units on the property would be overkill; and he moved from west side of Troy to have less traffic. - Deborah Jung, 975 Oakhill Court, stated she is concerned about the number of houses and that the development will get started and not be finished and a partial development will sit and be an eyesore; there is not a demand for houses over $200,000; two in that price range in her neighborhood have not sold. - William Barker, 136 Tamworth, said sewage and water is his main concern, he has lived in his home for 42 years; has never had a problem; but if the level in the sewer raises 5” there will be a problem; and a neighbor has had sewage in the basement. - Brian Willis, 2455 Piqua-Troy Road stated he feels there is no way to cram that many houses into the acreage and have it look decent, in addition to all the other problems mentioned; this is a nice area of Troy and it should be left as is. April 3, 2006 Page Two - Lester Conard, 1210 S. Clay Street, commented that he does not live in the area; development has been chaos in Troy; the City has promised to work with citizens on other development and has not; City now wants a stormwater utility that will cost citizens more; the community is becoming ugly; he is ashamed of Council; if approved by Council, the matter will go on the ballot. - lan Bondurant, who lives off Stonyridge, stated he feels increased development will result in increased crime; with the average wage, who will buy the houses; Eldean Road is an alternate route that will get busy; the north side is nice and he would like to keep it that way. Comments favoring the development: Bob Thompson, PTK Properties, the developer commented: . He thinks most of the Council are familiar with him and what is proposed, but does not think the public understands the spirit and nature of development; . The development is 200 acres with nothing on the west side of Piqua-Troy Road. The development has 198 single-family homes and 98 condominiums; most of the single family lots are of a larger lot category than the neighboring areas already developed. . Market information is that homes need to be in $200,000-$450,000 range; Planning Commission wanted larger lots; . Developer wants to preserve as much of the natural setting as possible; have taken advantage of terrain; . Providing 35.6 acres of common open space, 11.2 acres of private parks; . Having a PD design will benefit City with higher quality of houses; they will not be small vinyl boxes, but have brick and stone façade; condominium site will probably be by Epcon – also primarily stone or brick façade; . Regarding stormwater, he knows the development cannot create more runoff than is there now, it will have to be controlled in design by developer and verified by City; there is an issue with Kidder and DeWeese Ditches; in a prior plan for this land, the development could have assisted with the Kidder/DeWeese issued, but that development was not recommended and is not part of Honey Creek; . Traffic/lights/roads are part of the engineering phase that will be part of the next phase after zoning; . He recognizes that the concerns are real, the developer will have to address them and follow ordinances; a prior development in the City that did not get completed was a case of the developer not wanting to sell, not of the people not wanting to buy lots; there is a market and people want to be on the NE side of town; the development needs to be done correctly so that people will come to the development. There being no further comments, at 7:46 p.m., Mr. Mercer declared this public hearing closed. MINUTES: The Clerk gave a summary of the March 20, 2006, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Baker, seconded by Mr. Clark, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Douglas, Chairman, reported that Committee had met to consider if a fourth bay should be part of the construction of Fire Station 2, and recommends that the bay not be included – it is not needed to store apparatus and, if built, would add to the construction and energy costs of the building. Report signed by Clark, Kendall and Douglas. A motion was made by Mrs. Baker, seconded by Mr. Harrah, to accept the report of the Buildings, Streets & Sidewalks Committee to not add the fourth bay to the Fire Station construction. Motion passed by unanimous roll call vote. Finance Committee: Mr. Mercer, Chairman, reported as follows: 1) Committee had reviewed the request of the Director of Golf and Board of Park Commissioners to lease-purchase 15 additional golf carts for Miami Shores at this time. This item had been deferred from the 2006 budget. Committee recommended the carts be deferred for review with the 2007 budget, noting there would not be a payback in the initial years. Report signed by Douglas, Kendall and Mercer. A motion was made by Mr. Kendall, seconded by Mrs. Saxton, to accept the report of the Finance Committee to not lease purchase golf carts at this time. Motion passed by unanimous roll call vote. 2) Committee recommends legislation be prepared to provide for an agreement with M E Companies associated with the design of the extension of Commerce Center Blvd. at a cost not to exceed $29,100. Committee noted that the work had been authorized on purchase orders starting in 2004 totaling less than $25,000; however, some recent changes in the design resulted in total costs of $29,100, and the entire design project is now submitted for legislative action. Committer further recommended legislation be as an emergency measure so the work can be finalized. April 3, 2006 Page Three 3) Committee recommends legislation be prepared increasing the authorization for the Miami Shores restrooms to include the water and sewer line (paid from separate funds) as part of the project as the same contractor will be performing the work. Committee asked that the legislation be presented as an emergency measure to not delay the work. 4) The City has been asked by Miami County to provide funds for the County-wide transit system with a 3-year commitment for funding. Staff had recommended the County fund the system by a levy; and if the levy is approved the funding would be from the entire county and not just the three municipalities of Troy, Piqua and Tipp City. Committee supported a funding commitment of $40,000 for one year for the transit system, commencing 1-1-07 and supported the County placing funding the system on the ballot for a levy. (Copy of entire report attached to original minutes.) Report signed by Douglas, Kendall and Mercer. A motion was made by Mrs. Saxton, seconded by Mr. Clark, to accept the report of the Finance Committee regarding funding participation for the County Transit system so the County would be aware of Troy’s commitment as the County has not yet finalized the intergovernmental agreement for this item. Law & Ordinance Committee: Mrs. Saxton, Chairman, reported as follows: 1) Committee had met to discuss establishing a growth policy for the City, and additional discussions will take place. 2) Committee had met with all members of Council to review suggested amendments to the Rules of Council, and recommends the Rules be approved with changes supported at that meeting. Reports signed by Douglas, Mercer and Saxton. A motion was made by Mrs. Baker, seconded by Mr. Harrah, to approve the Rules of Council based on amendments made at the March 23 Committee review. Motion passed by unanimous roll call vote. Recreation & Parks Committee: Mr. Clark, Chairman, reported that Committee met twice to review the Riverside Cemetery Concept Plan and recommended the plan be accepted, noting that a pond shown on the plan will be moved and efforts will be taken to not have any recreational trails located on property lines. Report signed by Baker, Saxton and Clark. A motion was made by Mr. Harrah, seconded by Mr. Douglas, to accept the report of the Recreation & Parks Committee recommending acceptance of the Riverside Cemetery Concept Plan. Motion passed by unanimous roll call vote. Utilities Committee: Mrs. Baker, Chairman, reported that Committee has met to discuss if a storm water utility should be established, there will be further discussion/information/review on the subject, and no decision has been made at this time. Committee supports a preliminary study on the development of a storm water utility being done by the firm of Jones & Henry to assist Council with the review process. The cost of the study will be less than $25,000. Report signed by Harrah, Mercer and Baker. RESOLUTION NO. R-15-06 RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH FINFROCK CONSTRUCTION COMPANY, INC. FOR ADDITIONAL SERVICES ASSOCIATED WITH THE REPLACEMENT OF THE RESTROOMS AT MIAMI SHORES GOLF COURSE AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Clark, Harrah, Saxton, Baker, Douglas, Kendall and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas. Yes: Harrah, Saxton, Baker, Douglas, Kendall, Mercer and Clark. No: None. RESOLUTION ADOPTED April 3, 2006 Page Four RESOLUTION NO. R-16-06 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH ME COMPANIES FOR SERVICES ASSOCIATED WITH THE DESIGN OF COMMERCE CENTER BOULEVARD 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. Kendall. Yes: Saxton, Baker, Douglas, Kendall, Mercer, Clark and Harrah. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas. Yes: Baker, Douglas, Kendall, Mercer, Clark, Harrah and Saxton. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-16-06 ORDINANCE CHANGING THE ZONING OF INLOT 9892 AND PART OF INLOT 9891 IN THE CITY OF TROY, OHIO FROM COUNTY A-2 ZONING AND ADOPTING A PLANNED DEVELOPMENT This Ordinance was given public hearing and first title reading. (It was noted that the Mayor, President of Council and Director of Public Service and Safety were in Japan on a trade mission and visit to Troy’s sister city.) COMMENTS OF COUNCIL: - Mr. Clark noted that fire fighter Wade Dexter assisted in a life saving operation the YMCA while he was off duty. - Mr. Kendall commented that the Silverbacks held their first indoor football game on April 1, and it was enjoyable. - Mr. Harrah noted that the installation of the water booster station will cost less than anticipated by approximately $59,000. AUDIENCE COMMENTS: - Rachel Livengood, 1116 Scenic Court, spoke about the benefits of the Sister City Student Exchange Program (with Junior High School age students) and asked the City to continue to support the program. - Debra Stichter, 467 Staunton Road, stated she felt there was not sufficient information as to what it would cost to build a recreational trail (in Cemetery land) and what department would be responsible for it, indicating she felt she had a swimming pool in her yard when it seemed nothing was being done. - Lester Conard, 1210 S. Clay Street, stated he hopes jobs come from the trip to Japan and questioned why it would not be sufficient to meet by modern technology – phones, email. Mr. Kendall commented that working with the Asian market is built on relationships and meeting face to face. - Jerry Stichter, 467 W. Staunton Road, commented that he feels projects are being done well, but would like to see maps or power point presentations for locations of projects to provide more information. There being no further business, Council adjourned at 8:35 pm _______________/s/_________________ ________________/s/____________________ President of Council Clerk of Council |