May 21, 2007
MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, May 21, 2007 at 7:00 p.m. in Council Chambers.

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

Presiding Officer: William H. Lohrer, President of Council

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

INVOCATION: An invocation was given by Council Member Clark.

PUBLIC HEARINGS:
At 7:02 p.m., Mr. Lohrer declared open the pubic hearing on Ordinance No. O-35-2007, the rezoning of part of IL 8875. Applicant representative Kenneth Kessler stated: the applicant, Troy Christian Church, has outgrown their current location; they would like to have the 38 acre site on West SR 55 rezoned; 8 acres would be left in woodlands, and the church would initially construct a 25,000 sq.ft. worship space and double that in 10 years. There were no further comments in this regard and at 7: 04 p.m. Mr. Lohrer declared this public hearing closed.
At 7:05 p.m., Mr. Lohrer declared open the pubic hearing on Ordinance No. O-36-2007, amendments to the zoning code, specifically the text of the M-1 Planned Industrial District. Mr. Dando, Development Director, representing the Troy Development Council, commented that the proposed standards would assist the City and developers by providing more guidance, especially when industrial land abuts that zoned residential, and it would now require additional buffer for the residential area. There were no further comments in this regard and at 7:06 p.m. Mr. Lohrer declared this public hearing closed.

MINUTES: The Clerk gave a summary of the minutes of the May 7, 2007 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Clark, to approve these minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:
LAW & ORDINANCE COMMITTEE.
Mr. Saxton, Chairman, reported as follows:
1) Committee recommends legislation be prepared adopting the International Property Maintenance Code as the Property Maintenance Code.
Discussion. Mr. Mercer asked for clarification about notification by posting a notice. Mr. Dando, Development Director, commented that it is often difficult to have mail reach a property owner regarding violations; the change would be that a notice posted on a property could be sufficient.
2) Committee recommends legislation be prepared authorizing a new 5-year agreement with the Ohio Historic Preservation Office to provide historic impact review when applications in the Historic District may be requesting State or Federal funding, such as CDBG funding.
3) Committee recommends legislation be prepared authorizing acceptance of an easement from the Miami Conservancy District (MCD) for the Troy Bikeway Connector to be on the MCD flood plain. Committee recommends emergency legislation as requested by the Ohio Dept. of Transportation, the oversight agency on this project.
4) Committee recommends legislation be prepared for the final approval of the Neal Annexation, 105 acres in Concord Twp. Just north of the United Retail Distribution Center, between Experiment Farm Road and I-75.
5) Committee recommends O-28-2007, the rezoning of OL 236 from R-6 to M-2 be approved based on the findings of fact that the proposed rezoning is consistent with the intent and purpose of the Zoning Code, uses under M-2 zoning would be compatible with neighboring properties, and there are adequate public utilities and services to serve the property if rezoned to M-2.
6) Committee recommends emergency legislation be prepared to approve the release of a mortgage lien for R & D Machine, Inc. in that the $50,000 loan from the City, secured by a mortgage on 1204 S. Crawford, has been repaid in full.
7) Committee recommends legislation be prepared to approve the replat of Inlots 5989, 6506, 6507, 6508, 6509 and part of Outlot 438 and vacation of utility easements for Stonyridge Veterinary Services. The replat and vacation of the easements will permit the business to expand.
Reports signed by Douglas, Mercer and Saxton.

May 21, 2007 Page Two

CITIZEN COMMENTS ON COMMITTEE REPORTS OR AGENDA ITEMS:
-Josh Koltac, attorney for L. J. Real Estate Investments, clarified that such company is the applicant for the rezoning of the property covered by O-28-2007.
-Lester Conard 1210 S. Clay Street, asked if there is anything citizens can read about the proposed changes in the property maintenance code. Mr. Dando stated there are copies in the Planning Office, there are minimal changes, and the proposed code is a model code updated about every three years.
-Mr. Conard commented he feels the City is putting a hardship on property owners, especially senior citizens, with the property maintenance issues. He said the City will come on the property regarding qualifying for a paint voucher program and then finds all sorts of things to be fixed before someone can qualify for the paint, and this is making people angry, and it seems like communism.
-Mr. Conard asked if the owner of the area covered by O-28-2007 will have to pave the parking lot as there is a lot of dust from that property.


RESOLUTION NO. R-21-2007
RESOLUTION ADUSTING FEES RELATED TO THE ZONING CODE, SUBDIVISION REGULATIONS, AND DEVELOPMENT DEPARTMENT IN THE CITY OF TROY, OHIO

This Resolution was given first title reading on May 7, 2007.
Given second title reading.


RESOLUTION NO. R-24-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO RENEW A COORDINATION AGREEMENT WITH THE OHIO STATE HISTORIC PRESERVATION OFFICE (OHPO) FOR THE REVIEW OF PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS

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


ORDINANCE NO. O-28-2007
AN ORDINANCE CHANGING ZONING FOR OUTLOT 236, LOCATED IN THE CITY OF TROY, OHIO, FROM R-6, TWO-FAMILY RESIDENCE DISTRICT TO M-2, LIGHT INDUSTRIAL DISTRICT

This Ordinance was given first title reading on May 7, 2007.
Given second title reading.

A motion was made by Mrs. Saxton to suspend the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Mercer, Saxton, Clark, Kendall, Harrah, Baker and Douglas.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Saxton, Clark, Kendall, Harrah, Baker and Douglas,
No: None.
Abstain: Mercer (His company does work for applicant and wishes to avoid an appearance of a conflict of interest.)
ORDINANCE ADOPTED


ORDINANCE NO. O-30-2007
ORDINANCE ACCEPTING THE REPLAT OF INLOTS 5989, 6506, 6507, 6508, AND 6509 AND PART OF OUTLOT 428 IN THE CITY OF TROY

This Ordinance was given first title reading.

May 21, 2007 Page Three


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


ORDINANCE NO. O-31-2007
ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 105 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, TO THE CITY OF TROY, OHIO

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


ORDINANCE NO. O-32-2007
ORDINANCE AMENDING SECTION 1307.01 AND REPEALING SECTION 1307.03 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO AND ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE FOR THE CITY OF TROY, OHIO

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: Mercer, Saxton and Clark.
No: Douglas, Kendall, Harrah and Baker.
ORDINANCE FAILED SUSPENSION OF RULES


ORDINANCE NO. O-33-2007
ORDIANCE RELEASE MORTGAGE LIEN FOR R & D MACHINE, INC. AND DECLARING AN EMERGENCY

This Ordinance was given first title reading .

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


ORDINANCE NO. O-34-2007
ORDINANCE ACCEPTING AN EASEMENT FROM THE MIAMI CONSERVANCY DISTRICT ASSOCIATED WITH THE TROY BIKEWAY CONNECTOR 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. Douglas.
Yes: Kendall. Harrah, Baker, Douglas, Mercer, Saxton and Clark.
No: None.

May 21, 2007 Page Four

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

ORDINANCE NO. O-35-2007
ORDINANCE CHANGING THE ZONING OF INLOT 8875 IN THE CITY OF TROY, OHIO, FROM M-2, LIGHT INDUSTRIAL DISTRICT TO OC-1, OFFICE COMMERCIAL DISTRICT

This Ordinance was given first title reading.

ORDINANCE NO. O-36-2007
AN ORDINANCE AMENDING SECTIONS 1000.11610 THROUGH 1000.11690 OF THE CITY OF TROY, OHIO ZONING CODE RELATED TO M-1, PLANNED INDUSTRIAL DISTRICTS

This Ordinance was given first title reading

COMMENTS OF THE MAYOR. Mayor Beamish commented as follows:
-The Sculptures on the Square, WACO replicas, are now on display throughout the downtown. The Mayor thanked all involved in the project.
-The many and varied summer events will be exciting for the City.
-National DARE Day will be held at the Hobart Arena on May 22.


COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented as follows:
-At the prior Council meeting, there was a question about a 4-way stop sign at Oxford and Canal and that is being evaluated.
-Levee improvements are coming along. A sign will be placed at each end of the levee reminding people that there is more work to be done.
-Regarding Mr. Conard’s comment about the parking lot (O-28-2007), it will be paved as part of the redevelopment.

COMMENTS OF COUNCIL MEMBERS:
-Mr. Harrah asked for update on the Wasserman Bldg. (corner of Walnut and Main where roof collapsed). Mr. Titterington advised that opening the closed area of Walnut Street could be weeks or months away, the City has had discussions with the legal counsel for the owners, there should be a response regarding the intent of the owners within three weeks, and until then the City is not going to file orders mandating repairs.
-Mr. Harrah stated he was contacted by a property owner who found a syringe in the yard and asked for the appropriate agencies to contact. It was stated the Police Dept. and Health Dept. should be notified.
-Mr. Harrah asked if trees could be planted in Trostle Park. It was stated that this question will be forwarded to the Park Dept.; however, there is a clay cap on that property that cannot be impacted by plantings.
-Mr. Kendall reminded everyone that a month from today the GOBA event will bring 2,700 to 3,000 cyclists from all over the country to Troy, this group is coming back much sooner than usual because they liked Troy so much, local businesses benefit from money spent by GOBA participants, and Assistant Public Works Director Stan Kegley, who chairs the event, is to be commended for his work with GOBA.
-Mr. Mercer suggested staff could provide a summary regarding the proposed property maintenance legislation for Council to review, and noted that improved property maintenance efforts has been a high priority of Council.
-Mr. Clark noted that citizens could take a survey on line regarding development of recreation trails at www.mvrpc.org and clicking on Miami Valley Bikeways Plan.
-Mrs. Saxton asked if the property maintenance text could be placed on the web site.

May 21, 2007 Page Five

AUDIENCE COMMENTS.
-Lester Conard, 1210 S., Clay Street, congratulated Mrs. Baker and Mr. Harrah on their primary election wins.
-Julie Carter, 17 E. Water Street, complained about the residents at 23 E. Water Street. She said she has called the police, there have been domestic disputes with no arrests, a lot of noise, and on May 20 she found a syringe in the yard. She commented that the property owner does not respond, and indicated she would like some resolution.
-Michael Burkholder, 465 W. Staunton Road, asked about the status of SB 117. Mr. Titterington commented that a modified Bill passed the Ohio Senate, it is now before the Ohio House, it may be modified further, will likely be passed, there are still many concerns about SB 117, and the voting schedule is not known.
-Donna Hormell, S. Main Street, Pleasant Hill, Ohio, and Curtis and Susan Campbell, 1635 McKaig, asked about a buffer or mounding between the Campbell property and Commerce Center Blvd. They indicated a mound of dirt they understood would be left has now been removed. Mr. Titterington said he would look into this. Mr. Mercer asked if the mound of dirt mentioned was that which Honda removed about 200 yards north of the property. It was stated they are referring to that close to the intersection with McKaig. Deborah Stichter, 467 W Staunton Road, asked if there was a large Honda sign at the entrance on Commerce Center Blvd. Mrs. Campbell commented that the sign was temporary.
-Mrs. Stichter asked if the signs on the levee mentioned by Mr. Titterington would be the size of billboards. It was stated the two temporary signs are poster size.


There being no further business, the meeting adjourned at 8:09 p.m.

___________________________________________ ______________________________________________
Clerk of Council President of Council