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April 7, 2008 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, April 7, 2008, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Hutchinson, Kirkham and Schweser. Upon motion of Mr. Hutchinson, seconded by Mr. Harrah, Mr. Kendall was excused from this meeting by unanimous roll call vote. Presiding Officer: Martha A. Baker, President of Council Others Present: W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council member Schweser. INTRODUCTIONS: The Troy Christian School Eagles Division 3 Championship Wrestling Team members and coaches were introduced. PUBLIC HEARING. At 7:04 p.m. Mrs. Baker declared open a public hearing on Ordinance No. O-6-2008, the rezoning of Inlot 10160. -Judy Tomb, 3490 McCurdy Road, representing the owner, commented: many reports in the paper and in the staff report indicate she filed the application, but it was the City that initiated the rezoning; the R-3-B zoning is consistent with that of two nearby parcels zoned R-3-B; at the meeting at which the Planning Commission voted on the rezoning, the Commission adjourned into executive session, with the Commission very quiet and with little said when they returned to regular session; the City staff revised the recommendation to the Commission prior to the meeting at which a vote was taken, and she feels the City staff was ordered to change the recommendation; she assumes that with the upcoming Summerfield case there is an attempt to rezone this small parcel to establish a lower level for damages should the City lose; she does not know of any reason for staff to change the recommendation other than so ordered; she does not understand why the Commission would go into executive session, much ado is being made over the five acre parcel; only 2-4 acres would be developed after taking out the area of the existing house; there would be very few houses on the parcel; the Comprehensive Plan calls for a PD or 40,000 sq. ft. lots; as an expert on the cost of land development, the cost to develop a 40,000 sq. ft lot in the city would be in excess of $100,000 for one lot, and that is not realistic in this day and age; the 7-11-07 staff report indicated that with a small parcel a PD would probably not work; it seems that the terms “high density” has become bad words in the City of Troy; most lots in Troy are high density; she does not believe there is any legitimate opposition to R-3-B; the City asked them to annex the property and understood R-3-B would be the requested zoning; the parcel is a strange shape and R-4 zoning would be unaffordable for development. -Mr. Douglas noted that the legislation indicates Tippecanoe Land Company requested the zoning change. Ms. Tomb stated that this is a City initiated zoning change. Ms. Tomb commented that at the Planning Commission meeting, Mr. Tittering stated that not a single property west of this property is zoned R-3-B and that is true because this parcel is at the edge of the City limits. -Mr. Clark commented that the Law & Ordinance Committee would meet to review this rezoning request on April 16, and the Committee would have to have information as to who presented the zoning change. Mr. Harrah asked that the application be provided to Council. There being no further comments, at 7:15 p.m. Mrs. Baker declared this public hearing closed. MINUTES: The Clerk gave a summary of the minutes of the March 17, 2008 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: Finance Committee: Mr. Douglas, Chairman, reported that Committee recommends emergency legislation be prepared to release the mortgage lien to David & Melissa Kuo as the loan of $4,304.73 has been paid. Report signed by Schweser and Douglas. Law & Ordinance Committee. Mr. Clark reported that Committee recommends Ordinance No. O-4-2008 be approved, which is the rezoning of Inlots 3501, 3501 and 3503 from R-4 to OR-1. Report signed by Clark and Douglas. April 7, 2008 Page Two Safety & Health Committee. Mr. Kirkham, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for Self-Contained Breathing Apparatus equipment for the Fire Department at a cost not to exceed $169,800. Committee noted that a FEMA Assistance to Firefighter Grant will cover 90% of the cost of the equipment and four stair chairs, with the City having a net expenditure of about $17,900. Report signed by Harrah, Hutchinson and Kirkham. Utilities Committee: Mr. Schweser, Chairman, reported that committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for the cleaning of the West lime sludge lagoon at a cost not to exceed $160,000. Report signed by Hutchinson, Kendall and Schweser. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. None. RESOLUTION NO. R-16-2008 A 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 WEST LIME SLUDGE LAGOON This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Kirkham. Yes: Schweser, Kirkham, Harrah, Hutchinson, Douglas and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Kirkham, Harrah, Hutchinson, Douglas, Clark and Schweser. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-17-2008 A 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 PURCHASE OF SELF-CONTAINED BREATHING APPARATUS EQUIPMENT FOR THE FIRE DEPARTMENT This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Harrah, Hutchinson, Douglas, Clark, Schweser and Kirkham. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Douglas. Yes: Hutchinson, Douglas, Clark, Schweser, Kirkham and Harrah. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-4-2008 ORDINANCE CHANGING THE ZONING OF INLOTS 3501, 3502 AND 3503 IN THE CITY OF TROY, OHIO, FROM R-4, SINGLE-FAMILY RESIDENCE DISTRICT, TO OR-1, OFFICE RESIDENCE DISTRICT This Ordinance was given first title reading on March 17, 2008. Given second title reading. ORDINANCE NO. O-5-2008 ORDINANCE RELEASING MORTGAGE LIEN (SECOND) FOR DAVID KUO AND MELISSA G. KUO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. April 7, 2008 Page Three Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Douglas, Clark, Schweser, Kirkham, Harrah and Hutchinson. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Schweser, Kirkham, Harrah, Hutchinson and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-6-2008 ORDINANCE CHANGING THE ZONING OF INLOT 10160 IN THE CITY OF TROY, OHIO, FROM MIAMI COUNTY ZONING A-1 DOMESTIC AGRICULTURAL DISTRICT TO CITY R-3-B, SINGLE-FAMILY RESIDENCE ZONING This Ordinance was given first title reading. COUNCIL COMMENTS: -Mr. Clark noted that the volunteers of Operation Cloverleaf are continuing their work on the intersection of I-75/SR 41. -Mr. Harrah asked for a status report regarding staff changes and reorganization approved about six months ago. COUNCIL PRESIDENT COMMENTS: Mts. Baker noted that a summary of the March 19 priority review session had been provided to Council. AUDIENCE COMMENTS: -Michael Burkholder, 465 W. Staunton Road, stated he had read reports about the priority review session and the State of the City presentation. He stated he felt there should be consideration of a City’s reason for being and what makes a city government legitimate. He also suggested the General Fund should be a priority and consideration for all legislation and policies. -Lester Conard, 1210 S. Clay Street, commented about a newspaper article where it indicated the stormwater charge for one parcel was not calculated correctly and asked if all other charges had been checked. He also asked about what the stormwater fund would pay for. It was stated it would pay for implementing the unfunded mandate to manage stormwater and was intended to pay all costs associated with meeting the mandate. There being no further business, the meeting adjourned at 7:37 p.m. _________________/s/_______________________ ________________/s/______________________ President of Council Clerk of Council |