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August 6, 2007 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, August 6, 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 W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council Member Douglas. At 7:01 p.m. Mr., Lohrer declared open a public hearing on Ordinance No. O-50-2007. -Jessica Minesinger, Troy Land Development, the developer of the project, commented that this Summerfield plan is a culmination of many years of working to zone this piece of land; the current plan was developed with the input of citizens and neighbors; there are 25% less lots than in any previously approved plan; the storm management design is three times that required and will alleviate flooding in areas of Concord Twp.; the park land in Summerfield is 2.5 times the park land required; the plan represents large lots needed in the City inventory; build out will be over eight to ten years, which is a reasonable, responsible and healthy rate of growth; the plan is developed by a local and family-owned business and will put money back into the community and provide a job base for the construction community; and this development will raise the bar for what Troy should expect from developers from here on out. -Beth Craycraft, 624 Sedgwick, stated she and her husband moved to Troy from Tipp City; they had lived in a plat developed by the developer of Summerfield and were so pleased that they chose to locate in a Troy development by that developer; the developer has higher standards than required; she does not understand opposition to such a development and sees no valid reason to oppose Summerfield; and this plan has numerous benefits for the community. -Frank Harlow, 561 Sedgwick, stated he is a builder and was involved in trying to develop this parcel when it was known as Concord Properties and there was a referendum on the Concord Properties development; this plan is far superior than any plan previously submitted for this parcel; this development is needed as there is only one section of Stonebridge remaining with large lots; the homes will be in excess of $300,000; this land has been annexed and needs to be housing; and Summerfield will be a great plat in Troy. -Bart Denlinger, 1594 Lakeshore Drive, stated he is a builder who was originally part of Concord Properties; the Concord Properties development was 140 lots, no park space and a sizeable storm water management basin; the Summerfield plan is a much better plan and is a perfect fit for the land; local builders will be used; no other developer would take such care of this land as Troy Land Development; and he hopes the development will happen. -Ron Musilli, 75 Countryside North, stated this is an issue of how the community grows; commented that he is Vice-Chair of the Troy Development Council and chairs a committee with responsibilities that includes looking at housing; a forward thinking community involves housing; businesses looking at Troy will look at where workers can live; he was involved in health care for over 30 years and knows that primary care physicians look at housing when looking at a community in which to locate; housing is one of the important elements of a community. -George Blouser, 755 Willow Creek Way, commented that if Council passes this Ordinance the voters will have no recourse against the Ordinance as the leadership that opposed prior development of this parcel has been silenced through court action. He commented that when Judy Tomb talked about putting a swine farm on the land, that hurt her position. -Lester Conard, 1210 S. Clay, stated he is against the Summerfield Development even more because of the action of the developer against those that opposed a prior development. He also stated concerns of traffic. He stated: “We need jobs and not houses for the rich people that want to come to Troy.” -David Knox, 200 Wilson Road, stated he has lived as his location for three years and already has water on his property and feels it will be worse if work is done in this area and on Wilson Road. He stated he talked to the County Engineer just this date. He asked who would be responsible for further water on his property. -Jerry Stichter, 467 W. Staunton Road, noted that two members of Council had asked about traffic and speeding in this area. He commented that there is a need for housing, he would like to see water line go through, things were promised and not done, this is a change of zoning and he would say it not be approved. There being no further comments in this regard, at 7:21 p.m. Mr. Lohrer declared closed the public hearing on Ordinance No. O-50-2007. August 6, 2007 Page Two At 7: 22 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. O-51-2007. There were no comments in this regard and at 7:23 p.m. Mr. Lohrer declared this public hearing closed. At 7:23 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. O-52-2007. There were no comments in this regard and at 7:24 p.m. Mr. Lohrer declared this public hearing closed. At 7:24 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. O-53-2007.There were no comments in this regard and at 7:25 p.m. Mr. Lohrer declared this public hearing closed. At 7:25 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. O-54-2007. There were no comments in this regard and at 7:26 p.m. Mr. Lohrer declared this public hearing closed. MINUTES: The Clerk gave a summary of the minutes of the July 16, 2007 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Kendall, to approve these 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 authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the improvement of the alley connecting N. Walnut Street to the Public Square at a cost not to exceed $59,850 with the funding from CDBG funds. Discussion. Mrs. Baker asked if the alley design took into consideration sub-surface electrical and phone lines as there were concerns with these utilities when the Cherry Street alley was improved. Jim Dando, Development Director , stated that electrical lines will be on one side of the alley and phone lines on the other so there is no conflict. 2) Committee recommends emergency legislation be prepared consenting to future roadway improvements by the Ohio Department of Transportation (ODOT): - Addition of turn lane from SR 41 to I-75 in 2008, at a total estimated construction cost of $157,000, of which $150,000 will be funded by ODOT. City’s estimated total cost is $36,700, which includes $9,700 that has already been paid for an Interchange Modification Study; approximately $20,000 for project design; and approximately $7,000 for construction. - Painting of SR 41 bridge, just west of 202 (Broadford Bridge) in 2010 at no cost to the City. Reports signed by Clark, Kendall and Douglas. FINANCE COMMITTEE. Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing an agreement with the Board of Miami County Commissioners regarding the City providing prosecutorial services in the unincorporated areas of the County (County will pay costs to the City as a pass through to the law office of the Director of Law to pay prosecutors). As the County made a change to this procedure in June, Committee recommended emergency legislation. 2) Committee recommends legislation be prepared approving a CDBG Economic Development Revolving Loan Fund loan to The Caroline LLC in the amount of $75,000 for the purchase of equipment for a new restaurant to be located in the Dye Building. Loan terms include seven years at 4% interest with the first year’s payments being interest only, with the applicant creating the equivalent of seven full-time regular jobs, of which four will be available to persons from LMI households. Reports signed by Douglas, Kendall and Mercer. LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing an agreement with Steven Smith for The Caroline LLC for the use of the public right-of-way sidewalk on the north side of the restaurant as outdoor seating subject to standard conditions of the City. The prior restaurant at this location had such an agreement and the canopy and fencing are still in place. 2) Committee has discussed the recommendation of the planning commission that there be a three-year moratorium on new residential preliminary plans or residential rezoning requests except for Planned Developments to * Allow time to evaluate, determine, and address in a deliberate fashion the apparent general anti-development and negative community sentiment that has led to several referendums being placed on the ballot and approved by the voters on some developments. * Allow time to work with community groups to determine if the Comprehensive Plan is reflective of the growth plan desired by the community. August 6, 2007 Page Three After discussing this, it did not appear that Council could support a moratorium as presented in the draft recommended by the Planning Commission and Committee would not be recommending that a moratorium on certain residential development, as forwarded by the Planning Commission, be presented as final legislation. There was discussion that staff could present other wording on this issue for Council review at a later date. 3) Committee met on the Summerfield Planned Development covered by O-50-2007 (57 acres located south of SR 718 and east of Wilson Road) and recommended approval of the Summerfield Planned Development which would include larger size lots within the City, and noting that: o The plan calls for 99 residential lots. This proposal is for larger lots and a plan that is less dense than the prior plans for this land, which were overturned by a referendum action. This plan is 25% less dense than a prior plan approved by Council. o The storm water management dedication is three times that required by law, and will provide even more protection for downstream properties. o There will be 3.5 acres of private park space. The park area required under standard zoning would be 1.49 acres. That being provided is almost 2.5 times what would be required. o No individual lot access drive or road will be permitted to Wilson Road or SR 718. o The developer will allow for the City to complete a much needed water line loop from Wilson Road to Concord School, saving the City an expense of about $125,000. o This plan has fewer roadways than prior plans, resulting in fewer roadways that would eventually be turned over to the City to maintain. o The developer will dedicate land to the City to be used in the future alignment of Wilson Road. o The development would be in four phases with the developer in charge of and involved in the Home Owners’ Association until the last lot is sold. The build out period is estimated at eight to 10 years. o Neighbors had opposed prior plans. Their concerns and ideas have been incorporated into the current plan. The Planning Commission was advised by the legal counsel of the neighbors that this plan was supported. o Wording changes in the covenants and restrictions requested by Planning Commission have been made. Reports signed by Douglas, Mercer and Saxton. Mr. Harrah asked that staff and the developer talk with Mr. Knox about his concerns. Mr. Clark suggested that would be a county discussion. Mr. Titterington stated there would be some communication to see that nothing is overlooked so that Mr. Knox is not negatively impacted. The Clerk was asked to advise Mr. Knox when such a meeting was held. SAFETY & HEALTH COMMITTEE: Mr. Harrah, Chairman, reported that Committee recommends legislation be prepared supporting an application to the State Attorney General’s Office for a grant to help fund the DARE program, with the application to be in the amount of $38,000. Report signed by Baker, Saxton and Harrah. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. Jose Lopez, Attorney, 18 E. Water Street, spoke regarding the Summerfield Development, O-50-2007. He said that having participated in the litigation filed by the developer against those who started the referendum process on a prior Summerfield Planned Development that had been approved by Council, he may know more about the case than anyone. He commented that he agrees the filing of a law suit was ill advised, and a comment by one of the developers regarding turning the land into a pig farm was ill advised; however, that is not the point. He said that the people who filed the referendum got past it; they had input on the current plan; storm water will be improved; the residents will not encourage or support a referendum on O-50-2007; the City has to be able to move forward in the best interests of the City; and his clients (who filed the referendum) feel that the current plan is best for the area. Charles Cochran, 440 Armand Drive, and President of the Troy Development Council (TDC). regarding the Summerfield Planned Development, commented that the TDC deals with industrial activity only, and stated there was $246,000,000 in industrial growth in the past year and over 1,055 new jobs brought into Troy in 2006, and persons filling those jobs need places to live. He also commented that as the TDC works with industry interested in Troy, appropriate housing needs to be addressed, and without Summerfield, he did not know how management type housing in the community would be addressed. Lester Conard, 1210 S. Clay Street (regarding R-38-2007) commented that he feels that is a lot of money for the alleyway, he does not see many people using the Cherry Street Alley, an alley does not need to be fancy, and even if grant money is going to pay for the alley improvement the City could use that tax money better than for a fancy alley. August 6, 2007 Page Four EXECUTIVE SESSION. A motion was made by Mrs. Saxton, seconded by Mr. Mercer, to recess into executive session to discuss pending litigation Motion passed by unanimous vote. At 8:00 p.m. Council recessed into Executive Session. At 8:36 pm Council returned to regular session, made no further comments, and continued with the meeting. RESOLUTION NO. R-34-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO APPLY FOR AND ENTER INTO A DARE GRANT THROUGH THE ATTORNEY GENERAL’S OFFICE This Resolution was given first title reading. Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Clark, Douglas, Saxton, Harrah, Baker, Mercer and Kendall. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Clark. Yes: Douglas, Saxton, Harrah, Baker, Mercer, Kendall and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-35-2007 A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH MIAMI COUNTY CONCERNING MUNICIPAL COURT PROSECUTORIAL SERVICES 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 Mrs. Baker. Yes: Saxton, Harrah, Baker, Mercer, Kendall, Clark and Douglas. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Harrah, Baker, Mercer, Kendall, Clark, Douglas and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-36-2007 RESOLUTION AUTHORIZING THE APPLICATION OF THE CAROLINE, LLC FOR ASSISTANCE FROM THE CDBG ECONOMIC DEVEOLOPMENT REVOLVING LOAN FUND This Resolution was given first title reading. Mr. Douglas moved for suspension of the rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Baker, Mercer, Kendall, Clark, Douglas, Saxton and Harrah. No: None. Mr. Kendall moved for adoption. Motion seconded by Mrs. Saxton. Yes: Mercer, Kendall, Clark, Douglas, Saxton, Harrah and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-37-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A LEASE AGREEMENT WITH THE CAROLINE LLC REGARDING USE A OF A PUBLIC SIDEWALK This Resolution was given first title reading. Mrs. Saxton moved for suspension of the rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kendall, Clark, Douglas, Saxton. Harrah, Baker and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Clark, Douglas, Saxton Harrah. Baker, Mercer and Kendall. No: None. RESOLUTION ADOPTED August 6, 2007 Page Five RESOLUTION NO. R-38-2007 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 AN ALLEY IMPROVEMENT This Resolution was given first title reading. Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Douglas, Saxton. Harrah, Baker, Mercer, Kendall and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Kendall. Yes: Saxton, Harrah. Baker, Mercer, Kendall, Clark and Douglas. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-50-2007 ORDINANCE CHANGING THE ZONING OF INLOT 9304 IN THE CITY OF TROY, OHIO FROM MIAMI COUNTY ZONING A-1, DOMESTIC AGRICULTURE DISTRICT, AND A-2, GENERAL AGRICULTURE DISTRICT, AND ADOPTING A CITY ZONED PLANNED DEVELOPMENT This Ordinance was given first title reading on July 16, 2007. Given public hearing and second title reading. ORDINANCE NO. O-51-2007 AN AMENDED ORDINANCE AMENDING SECTION 1000.13179 (E) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO CHANGEABLE COPY SIGNS. This Ordinance was given first title reading on July 16, 2007. Given public hearing and second title reading. ORDINANCE NO. O-52-2007 ORDINANCE CHANGING THE ZONING OF INLOT 10155 IN THE CIITY OF TROY, OHIO FROM MIAMI COUNTY ZONING R-1AAA, ONE-FAMILY RESIDENTIAL DISTRICT, TO CITY ZONING OF R-2, SINGLE-FAMILY RESIDENTIAL DISTRICT This Ordinance was given first title reading on July 16, 2007. Given public hearing and second title reading. ORDINANCE NO. O-53-2007 ORDINANCE CHANGING THE ZONING OF INLOT 10156 IN THE CIITY OF TROY, OHIO FROM MIAMI COUNTY ZONING R-3, MULTI-FAMILY RESIDENTIAL DISTRICT, TO CITY ZONING OF OR-1, OFFICE RESIDENTIAL DISTRICT This Ordinance was given first title reading on July 16, 2007. Given public hearing and second title reading. ORDINANCE NO. O-54-2007 ORDINANCE CHANGING THE ZONING OF INLOT 10157 IN THE CIITY OF TROY, OHIO FROM MIAMI COUNTY ZONING B-1, HIGHWAY BUSINESS TO CITY ZONING OF OR-1 OFFICE RESIDENTIAL DISTRICT This Ordinance was given first title reading on July 16, 2007. Given public hearing and second title reading. August 6, 2007 Page Six ORDINANCE NO. O-55-2007 AN ORDINANCE AUTHORIZING COOPERATION WITH THE OHIO DEPARTMENT OF TRANSPORTATION TO ADD A TURN LANE FROM SR 41 TO I 75 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Douglas moved for suspension of the rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Harrah, Baker, Mercer, Kendall, Clark, Douglas and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Harrah. Yes: Baker, Mercer, Kendall, Clark, Douglas, Saxton and Harrah. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-56-2007 AN ORDINANCE AUTHORIZING COOPERATION WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENT OF THE STATE ROUTE 41 BRIDGE (BROADFORD BRIDGE) AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Kendall moved for suspension of the rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Mercer, Kendall, Clark, Douglas, Saxton. Harrah and Baker. No: None. Mr. Harrah moved for adoption. Motion seconded by Mrs. Baker. Yes: Kendall, Clark, Douglas, Saxton, Harrah. Baker and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-57-2007 ORDINANCE CHANGING THE ZONING OF INLOTS 10158 AND 10159 IN THE CIITY OF TROY, OHIO FROM MIAMI COUNTY ZONING A-2, GENERAL AGRICULTURE, TO CITY ZONING M-2, LIGHT INDUSTRIAL DISTRICT This Ordinance was given first title reading ORDINANCE NO. O-58-2007 ORDINANCE CHANGING THE ZONING OF INLOT 4715 IN THE CIITY OF TROY, OHIO FROM M-2, LIGHT INDUSTRIAL DISTRICT, TO B-4, HIGHWAY SERVICE BUSINESS DISTRICT This Ordinance was given first title reading COMMENTS OF THE MAYOR. Mayor Beamish noted that the City had received a plaque from GOBA thanking the City for hosting GOBA; advised that a student delegation is visiting Troy from our Sister City, Takahashi City, Japan; and provided a reminder that the National Night Out celebration will be held August 7. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that there will be a testing of the water distribution system in the Kings Chapel area on August 9. He also noted that there will be a public comment meeting on the Police Department for the Accreditation Process, with that meeting held August 20 at 7:00 p.m. at the Police Department. COMMENTS OF MEMBERS OF COUNCIL. -Mr. Clark also reminded citizens about the National Night Out event on August 7. -Mrs. Baker mentioned the Festival of Nations event on August 18 and the Mayors Concert on August 19, and asked if there had been a press release on activities of Takahashi City student delegation. It was stated no formal release had been issued. August 6, 2007 Page Seven CITIZEN COMMENTS. -Bob Browning, 918 Walker Street, provided a petition objecting to a pet crematorium being located across the street from his residence, and stated he objected to this use. He also provided a copy of the applicant’s EPA permit and EPA regulations. -Beverly Schruducke, 1002 Walker Street, stated she has lived at her residence for ten years and feels that a pet crematorium will not help property values. She asked how to get the industrial properties rezoned. -Audrey Crouch 916 Walker, had a number of questions about the pet crematorium, including hours of operation, odors, traffic, how bodies will be unloaded, trauma from children seeing body bags, will road kill be cremated, how will she be protected from diseases from the process, will the heat from the process disrupt her gas line, who will clean up the ash off her house, and who will protect the health of her grandchildren. -Mr. Harrah stated he worked at a crematorium for humans and there are strict regulations and he understands there are similar regulations for a pet crematorium. He also noted that the high heat destroys diseases. -Mr. Lohrer asked if the property is correctly zoned for this use and was advised that it is. Mr. Titterington stated the Planning Director will provide a response to questions asked. Mr. Cundiff, Planning Director, noted that a rezoning would not make the crematorium go away -- that even if the property were rezoned, the crematorium could remain as a non-conforming use. Mr. Titterington also stated he would ask the Planning Commission if the Commission wished to consider a rezoning process for this area. -Mrs. Saxton stated her understanding is that some Ohio Counties prohibit spreading of human ashes if the person died of a communicable disease. She suggested the neighbors contact the Health Department. -Amy Kemp, owner of the ARK Pet Crematorium, provided the following: the requirements for pet cremation are the same as for human remains; she has obtained the required permits from the EPA; the business is intended for the individual cremation of companion pets; about 1/10 of the machine capacity would be used at any one time; individuals or veterinarians may bring in the pets; the pets would be deceased when brought in; standard hours are Monday-Friday 8 am-5 pm; emergency hours could be established; refrigeration will be available to hold a pet until standard hours; usually an owner will stay and then take the ashes with him/her to be assured it is the ashes of his/her pet; and she understands death is a touchy subject and she hopes to provide public education on the subject. There being no further business, the meeting adjourned at 9:20 p.m. ____________________/s/____________________ __________________/s/_________________________ President of Council Clerk of Council |