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September 4, 2007 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, September 4, 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 Harrah. At 7:02 p.m. Mr., Lohrer declared open a public hearing on Ordinance No. O-57-2007. There were no comments in this regard and at 7:03 p.m., Mr. Lohrer declared this public hearing closed. At 7:04 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. O-58-2007. Dr. Leslie Culp requested Council support of the rezoning so that a dental clinic could be established to serve those Medicaid eligible (uninsured and underinsured). 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 August 6, 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. Kendall, to approve these minutes. Motion passed by unanimous roll call vote. The Clerk gave a summary of the August 20 session. (note – with 4 members absent on August 20, business could not be conducted and the meeting was adjourned.) A motion was made by Mr. Clark, seconded by Mr. Kendall, to approve the summary, Motion passed by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS COMMITTEE. Mr. Douglas, Chairman, reported that Committee recommends legislation be prepared authorizing an additional payment to the Ohio Department of Transportation in the amount of $4,353.34 associated with the State project of improving SR 55 from the general area of Grant Street/Peters Road to Franklin Street. The State included a small area adjacent to the project area at the request of the City, with the work done at a lesser cost than the City paying the contractor directly. Committee recommended emergency legislation so that the payment could be made without delay. Reports signed by Kendall and Douglas. LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared accepting the final plat of Phase Four of the Nottingham Subdivision, including dedication of right-of-way. 2) Committee recommends Ordinance Numbers O-52-2007, O-53-2007 and O-54-2007 be approved. These Ordinances are establishing City zoning for annexed parcels. 3) Committee met on 8-15-2007 regarding amending Sign Ordinances regarding changeable copy signs. Committee will meet again after reviewing information about penalties for sign violations. 4) Committee recommends that the final plat of Pleasant View Estates Section Four be approved. Committee had met on this twice. Residents had requested Council not to require the bridge over the Rapp Ditch that would extend Southview Drive from the Southview Subdivision to the Pleasant View Estates Subdivision. This bridge had been part of the development since it was started in 1993 and is needed for safety factors for a second ingress and egress to meet the Ohio Fire Code and Troy’s Codified Ordinances. The plat as recommended will include the construction of the bridge and staff will be responsible for seeing that the plat is built as approved. Reports signed by Douglas, Mercer and Saxton. September 4, 2007 Page Two COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. -Audrey Crouch, 916 Walker Street, again asked about the pet crematorium on Walker Street, expressed concern that the business may impact the health of the residents, and stated concerns with people turning around in her driveway. -Christy Manson, 1009 Walker Street, stated concern about the pet crematorium being harmful to lungs and the residents did not know the business was coming in. It was stated that Mr. Harrah is trying to arrange a meeting to discuss the neighbors’ issues. -Patrick Borgerding, 401 W. Ross Street, stated he did not want a bridge to connect the Southview and Pleasant View Subdivisions, and he does not care what the law or the Fire Code says regarding that there should be a connection for safety purposes. He also indicated he had sent an email to Council, but members of Council did not receive it. -Debra Stichter, 467 W. Staunton Road, asked if Troy could post signs on land under a zoning consideration. She understands other cities do this. Mr. Kendall asked if more information could be obtained. Mr. Titterington stated he has worked in cities that do post such signs but feels the notice to neighbors within a certain distance is more effective. It was stated Troy sends such a letter, as well as advertises the rezoning. RESOLUTION NO. R-39-2007 RESOLUTION AUTHORIZING FINAL PAYMENT TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR PAVING OF A STATE ROUTE 55 IMPROVEMENT AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Kendall, Clark, Harrah, Saxton, Mercer, Douglas and Baker. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Harrah. Yes: Clark, Harrah, Saxton, Mercer, Douglas, Baker and Kendall. 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 on August 6, 2007. Given third title reading. Discussion. Mrs. Baker noted that the developer of the Summerfield PD had asked that Ordinance No. O-50-2007 go to a fourth reading and asked why this was requested. Mrs. Saxton stated the developer had asked for the additional time to see that all questions had been addressed. Mrs. Baker commented that she did not believe changes could be made to the PD at this time, and suggested that Council should act on what is now before it. Jessica Minesinger, Summerfield PD developer, stated she asked for time to talk to residents that had questions at meetings and would like to try to address those concerns to the best of her ability, she has no plans for changes, but wanted to address all the input, and she would have this accomplished by the next meeting. Mrs. Baker stated that she did not think the action of Council would make any difference to what Mrs. Minesinger mentioned as she could take all the time she wished to carry out her plans. Mrs. Minesinger commented that she had been told by some citizens that Council previously acted on developments without allowing time to address citizen questions. 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 on August 6, 2007. Given third title reading. September 4, 2007 Page Three ORDINANCE NO. O-52-2007 ORDINANCE CHANGING THE ZONING OF INLOT 10155 IN THE CITY 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 on August 6, 2007. Given third title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Kendall. Yes: Harrah, Saxton, Mercer, Douglas, Baker, Kendall and Clark. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-53-2007 ORDINANCE CHANGING THE ZONING OF INLOT 10156 IN THE CITY 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 on August 6, 2007. Given third title reading. Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Saxton, Mercer, Douglas, Baker, Kendall, Clark and Harrah. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-54-2007 ORDINANCE CHANGING THE ZONING OF INLOT 10157 IN THE CITY 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 on August 6, 2007. Given third title reading. Mr. Harrah moved for adoption. Motion seconded by Mrs. Baker. Yes: Mercer, Douglas, Baker, Kendall, Clark, Harrah and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-57-2007 ORDINANCE CHANGING THE ZONING OF INLOTS 10158 AND 10159 IN THE CITY 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 on August 6, 2007. Given public hearing and second title reading. ORDINANCE NO. O-58-2007 ORDINANCE CHANGING THE ZONING OF INLOT 4715 IN THE CITY OF TROY, OHIO FROM M-2, LIGHT INDUSTRIAL DISTRICT, TO B-4, HIGHWAY SERVICE BUSINESS DISTRICT This Ordinance was given first title reading on August 6, 2007. Given public hearing and second title reading. September 4, 2007 Page Four ORDINANCE NO. O-59-2007 ORDINANCE ACCEPTING THE FINAL PLAT OF NOTTINGHAM ESTATES SUBDIVSION SECTION FOUR IN THE CITY OF TROY, OHIO, AND DEDICATING A RIGHT-OF-WAY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Douglas, Baker, Kendall, Clark, Harrah, Saxton and Mercer. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Clark. Yes Baker, Kendall, Clark, Harrah, Saxton, Mercer and Douglas. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR. Mayor Beamish noted that many activities for the enjoyment of citizens and visitors took place over the summer, and the past weekend the Air Force Band of Flight performed a concert on September 2 and the Civic Band performed their final concert of the season on September 3. The Mayor noted the many blessings of the community including Hobart Bros. celebrating their 90th anniversary during the past week. COMMENTS OF DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that on August 29 there was a 3.5 hour Council priority retreat with the top three priorities being economic development (job retention and creation), financial stability, and communication. COMMENTS OF MEMBERS OF COUNCIL. -Mrs. Baker advised Mr. Borgerding that she would like to have his email message. -Mr. Clark stated he appreciated seeing so many Hobart Bros. employees attend their anniversary celebration. CITIZEN COMMENTS. -John Knauer, 1098 Dickerson, representing residents on both sides of the Rapp Ditch who do not want a bridge over the ditch, provided a response to the City staff report on the matter. He stated 97% of the residents of Pleasant View do not favor of the bridge (out of 22 homes); Ohio Fire Code should be looked at to how it effects future homes; other stub streets will be continued and provide circulation so the bridge is not needed; he does not agree with the interpretation that there are to be two ingress/egress points; staff did not address traffic; an extension would be like Stonyridge where cars speed; the connection will become a shortcut and increase traffic; if there is a bridge it should meet the residents’ criteria; Pleasant View residents have petitioned to change the name Southview Drive in Pleasant View subdivision; is there an engineering study about what the traffic will do to the area and the City should hire a consultant to look at this. Mr. Mercer asked staff to address Mr. Knauer’s comments in the next two weeks. -Pat Borgerding, 401 W. Ross, stated he does not understand how the Planning Commission would approve the plat without seeing a plan for the bridge, and he feels the City has to follow the laws. -Connie Black, owner of a business at 5 – 7 E. Main, expressed concern about the time it is taking to address the Wasserman Building (corner of Main & Walnut where roof collapsed), stating the barricaded area has had a negative impact on business, the building is deteriorating, water is now getting into her building, there are beer bottles and other debris within the barricades, and she may have to move her business to Piqua if the situation does not improve. Mr. Titterington stated the City has been working with the owners since the roof collapse, it has been an uphill battle; dealing with a trust is complex; the City has been adamant that the building not be demolished except as a last resort; it is a historic structure; the owner is aware of the water issues; Troy Main Street was to advise the City about the trust working on water intrusion; there is a potential buyer who wants to rehab the building; and the City will contact the management company about maintenance (weeds, etc.) There being no further business, the meeting adjourned at 8:25 p.m. __________________/s/______________________ ___________________/s/________________________ President of Council Clerk of Council |