Troy, Ohio - USA - Council Minutes

January 16, 2007

MINUTES OF COUNCIL

A regular session of Troy City Council was held Tuesday, January 16, 2007, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton.

Presiding Officer: William F. Lohrer, President of Council

Others Present: Michael L. Beamish, Mayor
Patrick E. J. Titterington, Director of Public Service and Safety
Richard L. Cultice, City Auditor
W. McGregor Dixon, Jr., Director of Law

INVOCATION: An invocation was given by Council member Clark.

PUBLIC HEARING: At 7:02 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. O-9-2007, the Honey Creek Planned Development.

Michael Burkholder, 465 W. Staunton Road - Those who support the development, the developers, officials, should give reasons as to why they support the development and that if someone does not support the development, just say no; there should be no burden of justification. The consensus of the citizens was no on this by two to one (a prior referendum vote on the PD); the Planning Commission members are appointed and do not have to take public opinion into account; the elected Council is to consider the will of the people, and if they do not, the people should consider the conviction of those officials when they look at an issue; anything should be decided in this forum and not in a court.

Ray Bretland, 910 S. Clay Street – Commented that the prior referendum vote on the development was a clear message from the citizens about the development; the approval of the development has been based on the Comprehensive Plan and plan was prepared by fallible individuals; the plan can be deviated from and should be revisited; and the referendum vote was an “action by the people” and the vote of the people should be respected by Council. Mr. Dixon asked Mr. Bretland if he would respond to a few questions and Mr. Bretland agreed. Mr. Dixon asked if Mr. Bretland understood that the Comprehensive Plan indicated the land to be future residential, and Mr. Bretland indicated that was as he recalled it. Mr. Dixon asked if he agreed that was a proper designation for the land, with Mr. Bretland commented he guessed so, but would have to study that. Mr. Dixon asked Mr. Bretland if he might not object to the specific plan but felt the timing was not right, and Mr. Bretland indicated that was correct. Mr. Dixon asked if Mr. Bretland’s reasons for objecting to the plan might be different from those of other citizens. Mr. Bretland stated that was correct – he knew of objections due to traffic, water, and that some just wanted green space and no development.

Ray Burton, 962 Crestview Drive - He had opposed the development and, after reading all that had been printed, asked to have traffic addressed; concerned about additional development on Troy-Piqua Road, feels it is not a safe road, being narrow and with an accident frequency; additional development will cause more traffic problems; and it is the responsibility of Council to listen to the voters.
Mr. Dixon asked Mr. Burton if he understood correctly that Mr. Burton felt the timing is not correct for the development. Mr. Burton concurred and stated there are houses for sale all over town and he does not feel the City has the facilities to enhance people to the development – that the price of housing requires high paying jobs and he feels those jobs are not in Troy.
Mr. Dixon noted he does not get to vote on the legislation, but wanted to provide clarification. On housing, when the City does a survey of houses available there are few in the higher price range and those generally for sale are outside the price range of the new development. Developers are trying to find a niche for the home buyers in a different level of income who can afford these houses. This will possibly develop a market for 10-18 years, maybe 10-12 houses a year. This could be a method of additional income tax revenue. The City has a lot of expenses that will go up that the City has no control over. Those costs are borne by the citizens of Troy. Does it make any sense to have the higher income advantage of income tax and thereby spread the wealth and help everyone else pay for the services? The only ways to increase revenue are more taxes/utility rates or bring in more people/income tax. The development will be in phases so if there are not buyers for the homes, there would not additional phases. Regarding Troy-Piqua Road, Mr. Dixon stated that only part of the road is in the City, it is major conduit, but the roadway would not be improved prior to the development.

Alan Bondurant, Frontier Drive, stated he did not want questions from the Director of Law.

January 16, 2007 Page Two

John Hunt, 1733 Rusk Road – He lives outside the City, opposes the development as he feels it would be a lot of density in a small area, it would be an encroachment into a rural area he would like unchanged.

Lester Conard, 1210 S. Clay St. – Indicated he felt Mr. Dixon’s comments were intimidating, and stated he felt there are not enough good paying jobs to support higher cost houses, and that he understands Ohio ranks #1 in sheriff auctions.

Mrs. Saxton indicted there are two other subdivisions that will have similar priced homes as proposed for Honey Creek and asked why there was no action for referendum on those plats. Mr. Conard stated he did not feel people living in Troy would be buying the homes in Honey Creek.

Mr. Mercer stated there had been comments about the number of homes for sale and he understands 295 are listed in Troy, 191 in Piqua, and 184 in Sidney, and noted that there are houses for sale in every community.

Don Higgins, 1412 Saratoga Drive – Agreed that the timing is wrong for this development. There was a discussion regarding income tax distribution when a person lives in Troy but works somewhere that has an equal or higher tax than Troy. Mr. Dixon stated that there is no way to know where the people would come from that would live in Honey Creek, but the City may have income tax benefit, and would have utility and property tax revenue, with the schools also benefiting from property tax. Mr. Higgins stated the timing may be wrong because of the economy and perhaps there needs to be more industry in Troy, and that additions to the City would result in additional services that cost more and he does not know if the tax amount is sufficient to cover the extra cost. He discussed Greenburg, Indiana where there will be 2,800 jobs coming into the area due to new industry and there has not been a requirement for more housing. Mr. Dixon commented that the City wants industry and houses, and would rather have homes in the City and indicated this is an attempt to have the houses for the jobs. Mr. Dixon commented that the position of the City administration is that cost of houses is not outweighed by the cost of infrastructure. Mr. Higgins stated he heard a rumor that the City planned to propose an increase in the income tax. The City Auditor advised Mr. Higgins that an increase has not been discussed and there should be no further rumor talk in that regard.
Mr. Harrah asked Mr. Higgins if the development was smaller, with 75 homes in the same price range, would he have the same position. Mr. Higgins replied that he would be less against, but against it.

Mr. Lohrer commented that City officials visited Batesville, Indiana, which is very near Greenburg, and Batesville anticipates that persons holding many of the new jobs in that area, particularly executive jobs, will be moving into Batesville.

John Headapohl, 2720 Broken Woods Drive – Commented that many years ago he decided to come back to Troy because of the excellent reputation of the community, but had a hard time finding suitable housing. He stated that the City took care of flooding issues and properties appreciated. He commented that he now lives outside the City. He has seen additional development, but has not seen traffic problems. He commented that people should not assume areas will not be developed. He stated that if he was looking at Troy as a place to locate now, he would not invest in a property in Troy due to the negative attitudes. He commented that he supports the Honey Creek development as he feels Honey Creek is the best plan for the area at this time, that it will entice more good people, and that will add to the value of the community.

Von Ferguson, 1076 Mystic Lane – Discussed that the area he lives in was flooded in the 1980s, the problem was fixed by the City, and the flooding has not been repeated, but he asked if he does get flooded again who would be responsible. In response to Mr. Dixon, Mr. Ferguson confirmed it had been quite a while since he had water issues and the correction was due to substantial improvements by the City. Mr. Dixon advised that under State Law and the City’s Subdivision Regulations, an upstream developer cannot allow more runoff to flow downstream than flowed prior to the development. Mr. Dixon stated that if it rains hard, flooding can happen and streets get wet, but rain is not the issue; the issue is that a downstream owner cannot increase the runoff. Mr. Dixon further commented that there is nothing that can be done about the runoff on vacant land, but there are controls when land is developed. Mr. Ferguson continued to ask who he blames if his house gets flooded. Mr. Dixon advised that the City requires engineering studies to determine pre-construction runoff and to establish storm water management controls and if increased runoff causes damage to another’s property, the person with the damage can sue the developer.

January 16, 2007 Page Three

Jo Swob, 880 Troy-Urbana Rd., questioned Mr. Mercer about his comments that the development would be good for the City. Mr. Mercer stated he attended all the meetings on the prior Honey Creek submittal, Troy is his home and wants only good for the community, he grew up near the proposed Honey Creek Development and can recall when many developed areas were farm fields, he believes the project would be good for the Northeast Area and the Sherwood Shopping Center, the City does not pay for the infrastructure improvements, the construction itself would provide jobs and work, and that the economy would pace the actual speed of the development. Mrs. Swob indicated she did not feel local companies would have construction work based on the Fire Department contractors not being from Troy. Mrs. Swob asked Mrs. Saxton about her statements supporting Honey Creek. Mrs. Saxton stated one positive she sees in increased business in the Sherwood area and possibly other businesses becoming interested in the area. Mrs. Swob asked Mr. Clark if the Comprehensive Plan was changed to fit Honey Creek as she read in the paper about a changed plan. Mr. Clark replied that the Comprehensive Plan is a flexible plan, but was not changed to fit Honey Creek. Development Director Jim Dando advised that comments regarding a revised plan referred not to the Comprehensive Plan, but to the first Planned Development for this area submitted by the developers, which was changed substantially by the developers at the request of the Planning Commission.

Teresa Massie, 1022 S. Market Street – Indicated she is insulted that Council is considering this development again after the 2-1 vote by the people (on the referendum of the previous submittal of Honey Creek). She commented that she feels houses have been added in areas without traffic being addressed, houses in the Historic District have been for sale for 2.5 years, she would like to sell her home but believes building other houses will make her home not sell, she likes Troy to be small, and more homes should be addressed in 25 years if needed.

There being no further comments, at 8:03 p.m., Mr. Lohrer declared this public hearing closed.

Mrs. Saxton indicated that the Committee would meet at 6:00 p.m. on January 22 to review the Honey Creek application.

MINUTES: The Clerk gave a summary of the minutes of the January 2, 2007, meeting of Troy City Council. There were no corrections or additions to those minutes. A motion was made by Mrs. Saxton, seconded by Mr. Kendall, to approve the minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:
BUILDINGS, STREETS & SIDEWALKS COMMITTEE:
Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared to enter into an agreement with the Ohio Department of Transportation to set out responsibilities should the City take over the landscape maintenance from the Operation Cloverleaf volunteers in the future. For over three years a group of local landscape companies (Andersons Lawn and Tree Tech, Acherberg Lawn Services, Ever-Green Turf and Landscape, Greentech Corp., Mercer Group, Inc., Quality Lawn and Landscape, Shields Lawn Tamers, and Tree Care, Inc.) have maintained the interchange of SR 41 and I-75 as Operation Cloverleaf, an annual donation of over $40,000. While there is no plan for these volunteers to no longer do this work, as interchanges are routinely the responsibility of ODOT, the State has a standard on-going maintenance agreement to cover these type of private arrangements.
2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with the Board of Miami County Commissioners setting for the cost sharing of the design of the improvement of the intersection of Experiment Farm Road and Farrington Road, and how the cost of the future improvement will be shared with Miami County. Enterprise Zone Agreement #28 between Honda, the City, and Miami County, requires that north-bound truck traffic from Honda access I-75 are to use Experiment Farm Road to Farrington Road to County Road 25A to I-75. The County and City have agreed that the City’s share should be 43% of the improvements. For the design, that will be $35,814.27, which is less than the amount
budgeted. The current projected cost of the construction is $1,039,500. The combined City-County CDBG application is for $666,000 to partially fund the construction. At the time the construction is bid/contracted, it will be necessary to amend the agreement to reflect the final contract amount and costs for right-of-way, and the dollar amount that the City will be contributing to these items, based on the 43% share.
Reports signed by Clark, Kendall and Douglas.

LAW & ORDINANCE COMMITTEE:
Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared regarding the Curtis & Susan Campbell Annexation (0.5050 acres, Concord Twp., 1635 McKaig), with the legislation approving the statement of municipal services, the statement of buffering if required, and consent.

January 16, 2007 Page Four

2) Committee recommends legislation be prepared regarding the Grace Baptist Church Property Annexation (1.5286 acres, Staunton Twp., 1504 N. Market Street), with the legislation approving the statement of municipal services, the statement of buffering if required, and consent.
3) Committee recommends Ordinance No O-2-2007 be approved to amend the following sections of the zoning code:
SECTION 1000.12970 (I) – Troy’s requirement for handicap parking spaces in parking lots of more than 100 spaces exceeds that required by the Federal Government by the Americans with Disabilities Act (ADA). The change would have Troy’s code consistent with the ADA requirements.
SECTION 1000.13170 (O) – As court rulings provide that the City can no longer regulate the duration, size, height and location of political signs on private property, provisions regarding that would be removed from the Code.
SECTION 1000.13170 (U) – The City has not been enforcing the requirement of a cash bond/acceptable surety for a temporary sign permit on private property, and the provision would be removed from the code. Council indicated support for the change, but would have preferred enforcement or being involved in a change earlier. Committee asked for a review of fees.
SECTION 1000.14810 TABLE S-2 – The section is only applicable to a school building in a residential area. The change is to have such a sign based on the amount of building frontage and the distance the building is set back from the property line, with a maximum allowable sign size. The maximum size of a sign under this graduated scale would be 400 square feet. However, with the distance from the roadway, that size sign would not appear out of scale with the building size. This provision is only for signs mounted on the school, and not for free standing signs of any kind. The sign could be back lighted or have lighting mounted at ground level.
Discussion. Regarding a question on the political signs, Mr. Dixon stated that registering to place such signs would be voluntary.
4) Committee supports the application of Fricker’s Restaurant for a TREX D1 liquor permit to fill a vacant building at 1420 W. Main Street, invest in the property through renovation and equipment, and create at least 29 new positions. The State has established a process known as a Transfer Exempt Permit Application to an Economic Development Project (TREX). TREX permits the applicant to import an open license from an area that may be “over-permitted” (i.e., Cleveland) to an area such as Troy where there are not sufficient licenses available to accommodate the applicant. As this will not be a matter of legislation, Committee will request approval of the Committee report. The Director of Law will also be drafting guidelines for the basis of considering TREX applications and/or establish a limit of the number that may be approved.
Reports signed by Douglas, Mercer and Saxton.
Audience Comments regarding TREX Liquor Permit. Sheila Schumaker, 1225 Northbrook Lane, stated that for the Troy Church of the Brethren, it is noted that the proposed location of Fricker’s is within 500’ of three other churches, and a support group of persons with alcohol addiction meets at the church and there is concern about having an alcohol location so close.
Larry Heise, 728 Barnhart Road, commented that the church is an election polling place, the church hosts a successful 12-step program, the church tries to be a good neighbor, but he is concerned about the closeness of an establishment serving alcohol. Mr. Lohrer commented that other permit provisions are under the control of the State of Ohio.
It was noted that the TREX process provides for permits to be obtained beyond the quota established by the State.
In response to a question from Mr. Kendall, it was stated that without the City’s written consent to the D-1 TREX for this address as an economic development project, the application of Fricker’s could not be submitted for the
D-1.

A motion was made by Mr. Clark, seconded by Mr. Douglas, to approve the report of the Law & Ordinance Committee regarding the TREX Liquor Permit for Fricker’s.
Yes: Harrah, Mercer, Kendall, Clark and Douglas
No: Baker and Saxton. MOTION APPROVED

Mr. Harrah asked if there was an issue with Mrs. Saxton signing the Committee report supporting the TREX application and then voting no. Mr. Dixon said there was no issue.

PERSONNEL COMMITTEE: Mr. Kendall, Chairman, reported that as a matter of custom, compensation for elected positions has been considered prior to the deadline of filing for a primary election so that parties would know the compensation rate. In view of that Committee recommends legislation be prepared to provide for the following:
- The compensation for members of Council remain unchanged (at $7,649.09 per year) for 2008 and 2009.
- The compensation for the President of Council remain unchanged (at $8,195.45) for years 2008 and 2009.
- The compensation for the offices of Mayor, Director of Law and Auditor be adjusted by 3% for each year of the four year terms commencing January 1, 2008 (amounted rounded down to the nearest dollar).

January 16, 2007 Page Five

2008 2009 2010 2011
MAYOR 19,695 20,285 20,893 21,519
AUDITOR 50,647 52,166 53,730 55,341
DIRECTOR OFLAW 50,647 52,166 53,730 55,341
- The offices of President of Council, Mayor, Director of Law, Auditor continue to be offered the health, life and dental insurance provisions for single or family plans, with such official paying the same employee contribution paid by non-bargaining unit employees for these coverages.
Committee noted that the compensation for Treasurer is set through 2009. Committee asked that the compensation for elected positions continue to be reviewed prior to the filing dates of primary elections.
Report signed by Clark, Harrah and Kendall.

Audience Comments on Committee Reports and Agenda:
Debra Stichter, 467 W. Staunton Road, commented regarding the Enterprise Zone Agreement with Honda -- that she understood it was a matter of safety to stipulate certain routes and with the Farrington Road/Experiment Farm Road Intersection, it seems the City has changed the concern regarding traffic and safety of citizens with the roadway work being pushed back. Mr. Mercer commented the roadway is being used now, it needs to be improved, but is also a matter of funding. Mr. Mercer also commented that the community brought in Honda and Honda has agreed to have vendors use specific roadways. Mr. Dando further explained that there is an Agreement with Honda regarding truck traffic from that facility. However, Honda; but SR 41 cannot be prevented from completely being used; traffic from SR 41 is being relieved where possible; trucks going north use Experiment Farm Rd. now; the County indicated the roadway needs some improvement; a southern route will try to avoid McKaig/Dorset so semis are not driving by the Troy Christian facility; a southern route to 718 would be ideal, the plans are to relieve SR 41, but we can’t prohibit trucks from SR 41 as that is a state route. Mrs. Stichter stated she feels people do not support Honey Creek because citizens are told one thing on an issue and then what citizens are told is changed.

Lester Conard, 1210 S Clay Street,. commented he feels that if the Operation Cloverleaf volunteers get tired, the area should be returned to ODOT to maintain. He sated he feels the percentage of increase for the compensation paid elected officials is too high.

Ray Burton, 962 Crestview Drive, stated he did not feel he was answered about additional traffic if Honey Creek goes in. Public Works Director Steve Leffefl commented that as a phase is developed roadway improvements are also provided by the developer on the development side.

RESOLUTION NO. R-1-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR FUTURE MAINTENANCE OF INTERCHANGE SR 41/I-75

This Resolution was given first title reading.

A motion was made by Mrs. Saxton to suspend the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Mercer, Kendall, Clark, Saxton, Baker, Douglas and Harrah.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Douglas.
Yes: Kendall, Clark, Saxton, Baker, Douglas, Harrah and Mercer.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-2-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE BOARD OF MIAMI COUNTY COMMISSIONERS FOR THE IMPROVEMENT OF EXPERIMENT FARM ROAD/FARRINGTON ROAD INTERSECTION

This Resolution was given first title reading.

A motion was made by Mr. Douglas to suspend the rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Clark, Saxton, Baker, Douglas, Harrah, Mercer and Kendall.
No: None.

January 16, 2007 Page Six

Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark.
Yes: Saxton, Baker, Douglas, Harrah, Mercer, Kendall and Clark.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-54-06
AN ORDINANCE REPEALING CHAPTER 555 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO, REGARDING SMOKING IN MUNICIPALLY OWNED FACILITIES.

This Ordinance was given first title reading on Dec. 18, 2006.
Given second title reading on January 2, 2007.
Given third title reading.

Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark.
Yes: Baker, Douglas, Harrah, Mercer, Kendall, Clark and Saxton.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-2-2007
AN ORDINANCE AMENDING SECTIONS 1000.12970(I), 1000.13170(O), 1000.13170(U), AND 1000.14810 TABLE S-2 OF THE CITY OF TROY, OHIO ZONING CODE REGARDING PARKING AND SIGNS

This Ordinance was given a public hearing and first title reading on January 2, 2007.
Given second title reading.

ORDINANCE NO. O-3-2007
ORDINANCE ESTABLISHING MUNICIPAL SERVICES FOR CERTAIN TERRITORY CONTAINING 0.5050 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

A motion was made by Mr. HaHaHarrah to suspend the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Douglas, Harrah, Mercer, Kendall, Clark, Saxton and Baker.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Harrah, Mercer, Kendall, Clark, Saxton, Baker and Douglas.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-4-2007
ORDINANCE ESTABLISHING BUFFER REQUIREMENTS FOR CERTAIN TERRITORY CONTAINING 0.5050 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Mercer, Kendall, Clark, Saxton, Baker, Douglas and Harrah.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Kendall, Clark, Saxton, Baker, Douglas, Harrah and Mercer.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-5-2007
ORDINANCE CONSENTING TO THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 0.5050 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

January 16, 2007 Page Seven

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Clark, Saxton, Baker, Douglas, Harrah, Mercer and Kendall.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mrs. Baker.
Yes: Saxton, Baker, Douglas, Harrah, Mercer, Kendall and Clark.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-6-2007
ORDINANCE ESTABLISHING MUNICIPAL SERVICES FOR CERTAIN TERRITORY CONTAINING 1.5286 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

A motion was made by Mrs. Saxton to suspend the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Baker, Douglas, Harrah, Mercer, Kendall, Clark and Saxton.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mr. Kendall.
Yes: Douglas, Harrah, Mercer, Kendall, Clark, Saxton and Baker.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-7-2007
ORDINANCE ESTABLISHING BUFFER REQUIREMENTS FOR CERTAIN TERRITORY CONTAINING 1.5286 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

A motion was made by Mr. Douglas to suspend the rules requiring three readings. Motion seconded by Mr. Harrah.
Yes: Harrah, Mercer, Kendall, Clark, Saxton, Baker and Douglas.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Mercer, Kendall, Clark, Saxton, Baker, Douglas and Harrah.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-8-2007
ORDINANCE CONSENTING TO THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 1.5286 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

A motion was made by Mrs. Saxton to suspend the rules requiring three readings. Motion seconded by Mr. Harrah.
Yes: Kendall, Clark, Saxton, Baker, Douglas, Harrah and Mercer.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas.
Yes: Clark, Saxton, Baker, Douglas, Harrah, Mercer and Kendall.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-9-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9892 AND PART OF INLOT 9891 IN THE CITY OF TROY FROM COUNTY A-1 ZONING AND ADOPTING A PLANNED DEVELOPMENT

This Ordinance was given public hearing and first title reading.

January 16, 2007 Page Eight

ORDINANCE NO. O-10-2007
ORDINANCE ESTABLISHING SALARIES FOR CERTAIN ELECTED OFFICIALS

This Ordinance was given first title reading.

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Saxton, Baker, Douglas, Harrah, Mercer, Kendall and Clark.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Kendall.
Yes: Baker, Douglas, Harrah, Mercer, Kendall, Clark and Saxton.
No: None. ORDINANCE ADOPTED

COMMENTS OF THE MAYOR. Mayor Beamish commented that during the celebrations honoring Dr. Martin Luther King, Jr., he saw a great deal of positive community unity. He complimented the Police Department for handling protesters during the parade.

COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that a number of fees will be reviewed and if adjustments are felt warranted, information will be forwarded to Council. He also mentioned that staff could work with the Director of Law regarding TREX guidelines. Mr. Dixon stated that the main guideline to be determined by Council will be the number of TREX applications that will be accepted.

COUNCIL COMMENTS
-Mrs. Saxton noted that Lincoln Community Center received a grant in the amount of $150,000 to provide a new gym floor and other renovations. For the Committee Meeting on the Honey Creek PD, Mrs. Saxton asked if there could be information on traffic and accidents on Troy-Piqua Road.
-Mr. Mercer stated he appreciated the citizens coming to the meeting to make comments on Honey Creek. He stated he looked forward to the presentation of staff at the committee session and anticipated that the developer would provide more information about the types of houses and other information about the development. He further indicated that it is up to the developer to sell the development to the public, and not the responsibility of Council to do so. He stated his decision on Honey Creek will be on the facts of the development.
-Mrs. Baker and Mr. Clark indicated they would welcome any other citizen comments on the Honey Creek PD.

AUDIENCE COMMENTS:
Todd Howes, 2718 Chatham Drive, stated he lives in Pamela Estates, in the last home built on south side of Chatham. His concern is water; stated the detention area is 100’ deep, it fills up with heavy rain, the water does not later dissipate, and he feels it was excavated too deep as the culvert is above the floor of the detention pond. He stated concerns of children in the area attracted to the residual water. Mr. Harrah asked if Mr. Titterington would look into this.

Matthew Stockslager, 2710 Chatham, supported the comments of Mr. Howes and stated any help from the City would be appreciated.

Jerry Stichter, 467 W. Staunton Road, asked if the Sign Ordinance change applied to any school. He was advised that would be any school in an area zoned residential.

There being no further business, the meeting adjourned at 9:50 p.m.

________________/s/_______________________ ___________________/s/____________________
President of Council Clerk of Council