Troy, Ohio - USA - Council Minutes

March 5, 2007

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, March 5, 2007 at 7:00 p.m. in Council Chambers.

Members Present: Baker, Clark, Douglas, Harrah, Kendall and Saxton.
A motion was made by Mrs. Baker, seconded by Mr. Clark, to excuse Mr. Mercer from this meeting. Motion passed by unanimous roll call vote.

Presiding Officer: William H. Lohrer, President of Council

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

INVOCATION: An invocation was given by Council Member Saxton.

INTRODUCTION: Stephen Lucas, President of the Lincoln Community Center Board of Directors, introduced Isaiah Williams, who has been appointed as the Director of the Center following the retirement of long time Director Alphas Wicker. Mr. Williams also provided an update on major renovations made possible through a grant from ITW – the restrooms will be complete by March 6 and the new basketball floor has been installed. The Center will reopen March 12, 2007. A public open house at Lincoln Center is planned for March 31.

MINUTES: The Clerk gave a summary of the minutes of the February 20, 2007 meeting of Troy City Council. There were no corrections or additions. A motion was made by Mr. Harrah, seconded by Mr. Kendall, to approve the minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:

FINANCE COMMITTEE. Mr. Douglas reported as follows:
1) Committee recommends emergency legislation be prepared to permit the waiving of certain city fees, such as sign and occupancy, related to the relocation of a downtown business district occupant if the relocation is necessitated by an act of God, fire, or structural defect in their present location.
2) Committee recommends legislation be prepared establishing the Small Business Development Revolving Loan Fund, with guidelines, to encourage retention of existing small businesses and to help attract new small businesses. The fund would be started with a fund balance of $50,000 from the 2006 funds repaid into the
Economic Development Revolving Loan Fund. Committee recommended the legislation be an emergency measure as this type of loan could assist one or both of the retail businesses that have to relocate from the downtown due to the collapsing of the roof on the building of which they are tenants.
Reports signed by Douglas and Kendall.

LAW & ORDINANCE COMMITTEE. Mrs. Saxton, Chairman, reported that Committee recommends O-9-2007, the Honey Creek Planned Development zoning change, be approved. The Honey Creek PD is a proposed 200.94 acre development located east of North Market Street, north of Troy-Urbana Road, and west of DeWeese Road, which is currently under the county agriculture zoning it held prior to annexation. This same plan was previously approved but overturned by a successful referendum. The Committee again noted that this proposed rezoning was being considered as the applicant had again submitted the plan and not by action requested by Council. The development has been considered by the Troy Planning Commission and recommended for approval. The Committee had met previously on this item and suggested the developer hold a public meeting to try to explain the development to the public. The developer’s meeting was held on February 28. The developer’s representative indicated that at such meeting he felt citizens were interested in finding out about the development, but comments of concern were made regarding items such as storm water, traffic, foreclosures on loans of existing homes, and that homes are for sale now in Troy. It was again noted that the development would be phased over 16-18 years, with the actual schedule determined by the market for the homes. One of the developers indicated that he felt the Miami East Local School District seems to recognize the good value of the development to the future of the schools with the Miami East income tax, that the officials understand there will be development in the district, and the schools need to be prepared to handle growth in this particular area. It is estimated that this development would add approximately 1.5 students per grade per year to the district.
Committee members stated they had listened to all comments and had fully reviewed the information submitted by the developer. Committee members also indicated they had again read the Comprehensive Plan, which plan supports this type of development for this area. The report noted that objections had been listened to,

March 5, 2007 Page Two

including traffic issues and regulations, the effect on the Miami East Local School District, the numerous housing
vacancies throughout the City, storm water concerns, the anti-development sentiment of some citizens, citizen questions regarding the timing of the development (that it be delayed for a period of time), the slow economy, some citizens want more “controlled growth” for various subdivisions, and the referendum that was already successful against this development.
Mr. Douglas commented:
* The Comprehensive Plan was adopted February 1, 2005 by a unanimous vote of the Planning Commission and with the unanimous support of Council.
* A comprehensive plan looks at areas inside the City and areas outside the City to consider appropriate land use or zoning if areas outside the City are annexed. Troy’s Comprehensive Plan indicates residential use for the land covered by the proposed Honey Creek development.
* With a Planned Development, the developers have defined the land density and type and number of structures.
* A build-out over 16-18 years would not result in a large number of homes in any one year.
* That there are vacant homes in Troy has nothing to do with this plan. Not every house competes for purchasers on the same level.
* The perception of harm to the Miami East Local School District is not factual and he understands the school board is aware of the potential revenue to the schools.
* A free market enterprise will determine if the project goes forth, for if Phase I is not successful that would end the project.
* As a life-long resident, he is interested in the good of the community and will not support something to the detriment of the community.
* He gave serious consideration to all factors, including the referendum of a prior approval of the same plan. All things considered, he feels the zoning requested is consistent with the Comprehensive Plan and provides the City, and citizens, with a great deal of control.
* He is in favor of recommending approval.
Mr. Mercer commented:
* He has listened to comments and had a number of discussions with citizens regarding the development.
* He agrees that 298 homes at one time would be a shock for the community, but that is the number of homes to be built over 16-18 years, not in one year.
* Actually, the free enterprise market and economy will dictate the speed of the build-out of any development.
* As he discussed this development with citizens, he came to understand that some people do not want any more homes in Troy regardless of where they might be built.
* The development would provide the City with a potential inventory of large size lots, which are considerably lacking in Troy.
* He would not recommend the development so that he could buy one of the lots, as he could not afford that. However, there are people who can afford the large lots and would like to buy a lot and build a home in Troy. Without lots available, Troy is losing residents to subdivisions in the township and to other communities where the large size lots are available.
* Other than raising fees or establishing new fees, the only way the City can increase revenue is more people living in Troy, working in Troy, paying an earnings tax. It is recognized that additional areas increase the cost of providing services to those areas. However, if this development built out on schedule, in 2024 the City could realize:
-an additional $178,000 in water and sewer fees based on today’s rates.
-an additional $250,000 in income tax if 40% of the residents worked in Troy and made $50,000 a year.
* He has no reason to believe that this development would have a negative impact on the Miami East School system.
* Any development would equate to a little more traffic, but there is no real indication that the traffic impact would create a great problem.
* The volunteer members of the Troy Planning Commission have given hours to reviewing this proposed development and considering its value to the community. He appreciates the diligence of the Planning Commission.
* He understands some people would like to revert to the Troy of 1960 or 1990, but nothing stays the same.

March 5, 2007 Page Three

* If Troy does not grow, in the long run Troy will suffer and the citizens will suffer. The growth allowed through a planned development is a controlled growth.
* He feels the zoning change requested is proper, it should be supported, and he hopes that the citizens will listen to the real facts.
Mrs. Saxton commented:
* She concurs with the statements made by Mr. Douglas and Mr. Mercer.
* She has lived in Troy for 45 years. She moved here because she liked the community. Yes, there are some things she would have liked to see unchanged, but that is not realistic.
* Older homes have concerns and some older areas of Troy now have more rentals.
* There are people who want to move here because of what Troy has to offer and some of those people want large size lots. Very few large lots are available in Troy, and Honey Creek would provide those lots and attract more people to the community,
* This is a good development plan. At this time it is just the zoning being considered. Later would come the detailed processes for considering approval. (Copy of entire report attached to original minutes.)
Report signed by Douglas and Saxton.
Mrs. Saxton stated that she would like to have O-9-2007 go to a fifth reading in that not all seven members of Council were present to vote. Mrs. Baker commented that she felt delaying a vote could be setting a precedent, Council has voted on issues without all members being present, and all matters of legislation are important. Mrs. Saxton stated she felt the voting should be delayed as when this development was voted on previously there was criticism that not all members of Council were present for the vote, and this has become an important issue with a great deal of public interest. Mrs. Baker again stated her concern for setting a precedent, noted that there is no way to know if all members will be present at the next meeting, and asked if the Rules of Council address readings beyond three. It was stated there is no provision in Council’s rules regarding maximum number of votes. Mr. Douglas commented that there is no provision limiting the number of readings of a piece of legislation, there is no prohibition against additional readings, and the Committee would like to have all members of Council present for the vote even though that will require an additional reading.

UTILITIES. Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared authorizing bidding to clean the east lime sludge lagoon at a cost not to exceed $150,000.
Report signed by Harrah, Mercer and Baker.

Citizen comments on agenda or Committee Reports – None.

RESOLUTION NO. R-8-2007
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 EAST LIME SLUDGE LAGOON

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

RESOLUTION NO. R-9-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH THE F.O.P.-OHIO LABOR COUNCIL, INC, THE TROY POLICE OFFICERS ASSOCIATION AND DECLARING AN EMERGENCY

This Resolution 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: Kendall, Douglas, Baker, Harrah, Saxton and Clark.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mr. Harrah.
Yes: Douglas, Baker, Harrah, Saxton, Clark and Kendall.
No: None. RESOLUTION ADOPTED
March 5, 2007 Page Four

RESOLUTION NO. R-10-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO WAIVE CERTAIN CITY PERMIT FEES CONNECTED TO A RELOCATION OF A DOWNTOWN BUSINESS REQUIRED BY UNFORSEEN EVENTS AND DECLARING AN EMERGENCY

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

RESOLUTION NO. R-11-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ADMINISTER A SMALL BUSINESS DEVELOPMENT REVOLVING LOAN PROGRAM AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

A motion was made by Mr. Douglas to suspend the rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Saxton, Clark, Kendall, Douglas, Baker and Harrah.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Kendall.
Yes: Clark, Kendall, Douglas, Baker, Harrah and Saxton.
No: None. RESOLUTION 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 on January 16, 2007.
Given second title reading on February 5, 2007.
Given third title reading on February 20, 2007.
Given fourth title reading.

Mrs. Baker moved for adoption. Motion failed for lack of second.

ORDINANCE NO. O-15-2007
ORDINANCE AMENDING SECTION 345.09(a) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY REGARDING PARKING OF TRAILERS ON LAWNS

This Ordinance was given first title reading on February 5, 2007
Given second title reading on February 20, 2007.
Given third title reading.

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

ORDINANCE NO. O-20-2007
ORDINANCE FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

March 5, 2007 Page Five

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

COMMENTS OF THE MAYOR. The Mayor commented:
-East Main Street is again open to through traffic after being closed for a while due to damage to a downtown building.
-There will be a Habitat for Humanity Ground Breaking on March 18 for a new house to be built by youth.

COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFEETY.
Mr. Titterington commented:
-The Ohio Public Works Commission had advised the City that the grant application for up to $400,000 has been approved for the McKaig Road Improvement Project. The City will fund the project by approximately $600,000. This project is planned for construction in 2008.
- Recreation Director Ken Siler has provided Council with a copy of the new promotional/marketing brochure for the Hobart Arena.
-Development Director Jim Dando is to be commended for his work in developing the small business loan program (R-11-2007). Statistics indicate that 60-80% of a community’s business is made up of small businesses. Troy has a variety of assistance programs/enhancements for business and industry, and this is one more tool available to the City and small businesses to help fill a gap in offering resources to many of the businesses in Troy or wishing to locate in Troy.

COUNCIL COMMENTS.
- Mr. Harrah thanked Jim Dando for the work on the Small Business Development Loan Program to assist small businesses. He also noted that downtown businesses are happy to see E. Main Street open again.
- Mr. Douglas noted that the Troy Christian High School Wrestling Team achieved the State Division III Championship. He noted that the team members were welcomed back home by the Mayor and representatives of the Police and Fire Departments. Mr. Lohrer asked Mr. Douglas if he could arrange to have members of the wrestling team attend the next Council meeting to be recognized. Mr. Douglas thanked staff for the reports Council is provided prior to Council meetings.
- Mrs. Saxton noted that there is an intern in the Planning Office assisting with property maintenance review and commented that there are already applicants for the painting and garage demolition assistance programs.
- Mr. Clark thanked Planning Director Mark Cundiff for a report on housing and commented that City crews have continued to do an excellent job for citizens during recent cold winter weather.

AUDIENCE COMMENTS.
Debra Stichter, 467 W. Staunton Road, stated she supports televising Council meetings to help inform the public.

There being no further business, the meeting adjourned at 8:02 p.m.

_________________/s/_______________________ _____________________/s/______________________
President of Council Clerk of Council