Troy, Ohio - USA - Council Minutes

June 18, 2007
MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, June 18, 2007 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: Michael L. Beamish, Mayor
Patrick E. J. Titterington, Director of Public Service and Safety
Richard L. Cultice, Auditor

INVOCATION: An invocation was given by Council Member Mercer.

PUBLIC HEARINGS. Public Hearings were scheduled to provide City zoning for annexed lands that still carry a County zoning.

At 7:01 p.m. Mr. Mercer declared open a public hearing on O-41-2007, the zoning of the Zwiebel Annexation, IL 9894, 2854 McKaig Road, from County R-1AAA, One Family Residential, to City R-3-B, Single-Family Residential with 12,000 sq.ft. minimum lot size. There were no comments in this regard and at 7:02 p.m., Mr. Mercer declared this public hearing closed.

At 7:02 p.m. Mr. Mercer declared open a public hearing on O-42-2007, the zoning of the Sheafer Annexation, IL 9270, Washington Road, from County A-2, Agriculture, to City A, Agricultural District. There were no comments in this regard and at 7:03 p.m. Mr. Mercer declared this public hearing closed.

At 7:03 p.m. Mr. Mercer declared open a public hearing on O-43-2007, the zoning of the Collett Annexation, IL 9893, 1588 McKaig Road, from County R-2, Two-Family Residential, to City R-2, Single-family Residential with 20,000 sq.ft. minimum lot size. There were no comments in this regard and at 7:04 p.m. Mr. Mercer declared this public hearing closed.

At 7:04 p.m. Mr. Mercer declared open a public hearing on O-44-2007, the zoning of the remaining 2.308 acres of Holter Annexation, IL 9303 from County R-1AAA, One-Family Residential, to City R-3-B, Single-family Residential with 12,000 sq. ft. minimum lot size There were no comments in this regard and at 7:05 p.m. Mr. Mercer declared this public hearing closed.

At 7:05 p.m. Mr. Mercer declared open a public hearing on O-45-2007, the zoning of the Dalton Annexation, Inlot 10152, 1182 Troy-Urbana Road, from County R-1-A, One-Family Residential, to City R-4, Single-Family Residential with 9,000 sq.ft. minimum lot size. There were no comments in this regard and at 7:06 p.m. Mr. Mercer declared this public hearing closed.

At 7:06 p.m. Mr. Mercer declared open a public hearing on O-46-2007, the zoning of the WACO Annexation, Inlots 9305, 9306, 9308-9321, County Road 25A, from County zonings of F-1 (Flood Plain), I-2 (Heavy Industrial) and A-2 (Agriculture) to City M-2, Light Industrial District. There were no comments in this regard and at 7:07 p.m. Mr. Mercer declared this public hearing closed.

At 7:07 p.m. Mr. Mercer declared open a public hearing on O-47-2007, the zoning of the Goodrich-Robinson Annexation, Inlots 9326-9342, from County A-1 and A-2 (Agriculture), R-1AAA and R-1C (One-Family Residential) and I-2 (Heavy Industrial), to City zonings of M-2 (Light Industrial), R-1 (Single Family Residential with 40,000 sq.ft. minimum lot size), and R-5 (Single-Family Residence District with 5,000 sq.ft. minimum lot size). There were no comments in this regard and at 7:08 p.m. Mr. Mercer declared this public hearing closed.

At 7:08 p.m. Mr. Mercer declared open a public hearing on O-48-2007, the zoning of the Westfall-Weaver Annexation, Inlots 10120, 10121 (1540 and 1550 N. Troy-Sidney Road),from County R-1AAA, One Family Residential, to City R-4, Single Family Residence District with 9,000 sq.ft. lot minimum size. There were no comments in this regard and at 7:09 p.m. Mr. Mercer declared this public hearing closed.

MINUTES: The Clerk gave a summary of the minutes of the June 4, 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.

June 18, 2007 Page Two

COMMITTEE REPORTS:
BUILDINGS, STREETS & SIDEWALKS COMMITTEE:
Mr. Douglas, Chairman, reported that Committee recommends Council support the reallocation of the 2007 paving and associated roadwork program, noting that the lowest and best bid came in under the authorization, but some elements of the program exceeded the individual allocations. The proposed reallocation will not require additional appropriation and can be approved by acceptance of the Committee Report.
Report signed by Clark, Kendall and Douglas.
A motion was made by Mr. Clark, seconded by Mrs. Baker, to accept the June 15, 2007 report of the Buildings, Streets & Sidewalks Committee regarding the 2007 Paving Program and Associated Roadwork Update Report. Motion passed by unanimous roll call vote.

FINANCE COMMITTEE:
Mr. Mercer, Chairman, reported that Committee supports the FY 2007-2008 CDBG funding being allocated as follows:
$ 2,500 Fair Housing Board Annual Contribution
$ 5,000 Administration and Environmental Review
$70,700 Habitat for Humanity request to construct south end of Cedar Street to provide for more
Habitat houses
$13,800 Miami County Abuse Shelter for work on building at 121 Public Square NE.
$92,000 Total

Legislation will not be presented until the July 2 meeting so that staff can hold the required public hearing on the use of CDBG funds.
Report signed by Douglas, Kendall and Mercer.
Discussion. Mrs. Baker asked if Cedar Street will be extended to Franklin Street, and was advised that Cedar Street will extend to park land behind Lincoln Community Center.

PERSONNEL COMMITTEE:
Mr. Kendall, Chairman, reported that Committee recommends emergency legislation be prepared to amend the employment contract with the Director of Public Service and Safety to extend the requirement to meet residency by 2 months (or by 9/2/2007), with Committee noting that the Director’s house is approximately 90% complete.
Report signed by Clark, Harrah and Kendall.

Citizen comments on Committee Reports or Agenda – None

RESOLUTION NO. R-26-2007
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDMENT FOR THE EMPLOYMENT OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mr. Harrah.
Yes: Harrah, Saxton, Clark, Baker, Douglas, Mercer and Kendall.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall.
Yes: Saxton, Clark, Baker, Douglas, Mercer, Kendall and Harrah.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-27-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO A LEASE AGREEMENT WITH BAKEHOUSE BREAD COMPANY, INC., REGARDING USE OF A PUBLIC SIDEWALK, AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Clark, Baker, Douglas, Mercer, Kendall, Harrah and Saxton.
No: None.

June 18, 2007 Page Three

Mrs. Baker moved for adoption. Motion seconded by Mr. Harrah.
Yes: Baker, Douglas, Mercer, Kendall, Harrah, Saxton and Clark.
No: None. RESOLUTION 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 on May 21, 2007.
Given second title reading on June 4, 2007.
Given third title reading.

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

ORDINANCE NO. O-41-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9894 IN THE CITY OF TROY OHIO FROM COUNTY ZONING R-1AAA, ONE-FAMILY RESIDENTIAL DISTRICT TO CITY ZONING R-3-B, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given public hearing and first title reading.

ORDINANCE NO. O-42-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9270 IN THE CITY OF TROY, OHIO FROM COUNTY ZONING A-2, GENERAL AGRICULTURAL, TO CITY ZONING A, AGRICULTURAL DISTRICT

This Ordinance was given public hearing and first title reading.

ORDINANCE NO. O-43-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9893 IN THE CITY OF TROY OHIO FROM COUNTY ZONING R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO CITY ZONING OF R-2, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given public hearing and first title reading.

ORDINANCE NO. O-44-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9303 IN THE CITY OF TROY OHIO FROM COUNTY ZONING R-1AAA, ONE-FAMILY RESIDENTIAL DISTRICT TO CITY ZONING OF R-3-B, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given public hearing and first title reading.

ORDINANCE NO. O-45-2007
ORDINANCE CHANGING THE ZONING OF INLOT 10152 IN THE CITY OF TROY OHIO FROM COUNTY ZONING R-1A, ONE-FAMILY RESIDENTIAL DISTRICT, TO CITY ZONING OF R-4, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given public hearing and first title reading.

June 18, 2007 Page Four

ORDINANCE NO. O-46-2007
ORDINANCE CHANGING THE ZONING OF INLOTS 9305, 9306, AND 9308-9321 IN THE CITY OF TROY OHIO FROM COUNTY ZONING F-1, FLOOD PLAIN, I-2, HEAVY INDUSTRIAL DISTRICT, AND A-2, GENERAL AGRICULTURAL DISTRICT, TO CITY ZONING OF M-2, LIGHT INDUSTRIAL DISTRICT

This Ordinance was given public hearing and first title reading.

ORDINANCE NO. O-47-2007
ORDINANCE CHANGING THE ZONING OF INLOTS 9326-9342 IN THE CITY OF TROY OHIO FROM COUNTY ZONING A-2, GENERAL AGRICULTURAL DISTRICT, R-1AAA, ONE FAMILY RESIDENTIAL DISTRICT, R-1C, ONE FAMILY RESIDENTIAL DISTRICT, I-2, HEAVY INDUSTRIAL DISTRICT, AND A-2, GENERAL AGRICULTURAL DISTRICT TO CITY ZONING OF R-1, SINGLE-FAMILY RESIDENCE DISTRICT, R-5, SINGLE-FAMILY RESIDENCE DISTRICT, M-2, LIGHT INDUSTRIAL DISTRICT

This Ordinance was given public hearing and first title reading.

ORDINANCE NO. O-48-2007
ORDINANCE CHANGING THE ZONING OF INLOTS 10120 AND 10121 IN THE CITY OF TROY OHIO FROM COUNTY ZONING R-1AAA, ONE-FAMILY RESIDENTIAL DISTRICT TO CITY ZONING OF R-4, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given public hearing and first title reading.

ANNOUNCEMENTS: Troy received a 2006 Standard of Excellence Award from the City’s insurance pool, Miami Valley Risk Management Association, based on averages losses of $40.32 per employee in 2006 for losses in the property and casualty insurance program.

COMMENTS OF THE MAYOR. Mayor Beamish commented as follows:
- This week, Troy will be a two-day host of GOBA (Great Outdoor Bicycle Adventure), when over 3,000 participants will bicycle into Troy and camp in park areas.
- The volunteers of the City Beautification Committee have worked hard to continue to provide enhancements, this year adding flower boxes on the rails of the Market Street Bridge.

COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented as follows:
- Thanked Council for approving the residency extension (R-26-2007).
- Regarding O-32-2007, the legislation updates a code that had not been updated for about 20 years and will provide some flexibility, but there will not be a change in administering the code as staff will make every effort to work with property owners for compliance. Staff is still working with the Code publisher to see if a link on the City’s website is possible in order to place the code on the web.
- Regarding live streaming of Council meetings, staff is working on this. Cost is about $6,000 per year plus additional costs based on usage. Comments of Council regarding providing this feature are requested.
- Regarding SB 117, it has passed the State Legislature, and will be forwarded to the Governor for signature. When it becomes law, CATV revenues will be reduced. Council may want to consider increasing the franchise fee from 3% to 5% to help offset the reduced revenue.

COMMENTS OF COUNCIL PRESIDENT PRO TEM. Mr. Mercer commented as follows:
- There was a report of a handicap ramp that has been taped off for some time at Willow Point Court; could staff look at this.
- In regard to repairs to Engine 1, Chief Boehringer was asked for an update. The Chief stated there are weld breaks in the pump house, the truck was deemed unsafe to operate, and Fire Department staff is working with the distributor on repairs and cost.

June 18, 2007 Page Five

COMMENTS OF COUNCIL MEMBERS:
- Harrah thanked staff for taking care of drainage issues on Swailes Road and with the Kensington Home Owners Association.
- Mr. Kendall commented that the bicycle race “Race Across America” has been cycling through Troy the last few days on a journey from California to New Jersey. He also commented about the GOBA participants visiting Troy this week and the activities planned for their enjoyment.
- Mr. Kendall commented that the levee is looking good. It was stated that the levee top will be reseeded after some of the events that are scheduled.
- Mr. Douglas noted that the downtown concerts are being well attended, and thanked those that are involved in working on the concerts.
- Mrs. Saxton noted that Troy Aquatic Park had a record day on June 7 with 1,397 attendees.
- Mrs. Baker, on behalf of a citizen, asked if the new property maintenance code will allow a way to speed up handling complaints on rundown houses or if additional legislation in this regard may be needed. She noted that a property on Finsbury Lane has now been handled, but the citizen felt it took three years for a resolution. Mr. Titterington noted that the house on Finsbury has been declared a nuisance by the Health Department and staff is working with all entities to have the house demolished. He commented that the new code does provide a little more expediency; however, this is something that perhaps should not be speeded up too much to assure that due diligence is done to also protect the property owner.
- Mrs. Baker asked about large trucks parking behind Marsh’s Market and also damaging residential streets to get to the location. Mr. Titterington commented that Ordinances prohibit such parking in residential districts, but is less clear about parking in commercial areas. Staff is attempting to clarify this in pending changes to the zoning code. Staff can attempt to contact the property owner in this regard to see if the owner will give the City the right to tow such vehicles.
- Mr. Clark commented that the Troy Classic on Square bike race is scheduled for July 21 in the downtown area.
He also stated he hopes the sculptures will not be further damaged.

CITIZEN COMMENTS. Trent Lacey, 824 S. Walnut Street, stated his teenaged children participated in the concert for “ School is Out Bash” on the Square, there was great turn out, and he would like to see more concerts for teenagers. Mr. Clark stated that the Troy REC has band nights for teenagers.

There being no further business, the meeting adjourned at 7:59 p.m.

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