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December 7, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 7, 2009, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Hutchinson, Kendall, Kirkham and Schweser. Upon motion of Mr. Schweser, seconded by Mr. Hutchinson, Mr. Harrah was excused from this meeting by unanimous roll call vote. Presiding Officer: Martha A. Baker, President of Council Others Present: Michael L. Beamish, Mayor Patrick E. J. Titterington, Director of Public Service and Safety Grant D. Kerber, Director of Law Richard L. Cultice, City Auditor INVOCATION: An invocation was given by Council Member Kendall. At 7:02 p.m. Mrs. Baker declared open a public hearing on O-29-2009, the Stonebridge Meadows PD. Speaking in favor of the development: - Jessica Minesinger, Troy Land Development Company, 7 S Plum St, commented that: this piece of land has been annexed for about 10 years, it is just south of the Stonebridge Subdivision and will be an extension of Stonebridge, Stonebridge began in 2001 and consists of 146 homes, the final section has just been completed. She feels it is a lovely neighborhood of custom homes pricing of $300,000 to over $500,000, there is a mix of families and empty nesters, covenants and restrictions for Stonebridge Meadows are virtually identical to the Stonebridge Subdivision, the homes will be about the same price points and the same builders to continue the market, time frame for build out will be about the same of 9 years averaging 15 homes a year, the development is consistent with the comprehensive plan, there will be 135 homes averaging about 2.1 lots to the acre, 20% of the land will be open space/green space/etc. paid for by developer, the storm water system will be built at three times that required by OEPA and would help alleviate other storm water issues in the area and a benefit to the neighbor, the development will complete the water line loop to Concord School (part of City CIP) saving the City in excess of $190,000, homes/residents provide on-going source of revenue as well as revenues during construction, and residential growth is a vital part of the economic health of the community. - David Potts, 582 Arcadia Court, stated he lives in Stonebridge, he asked why not extend the Stonebridge Development, he believes his development would fit the City’s vision statement, he knows that there has been adversity to developing this land in the past and he hopes those feelings can be reconciled as growth is part of the vitality of a community. - Donna Cook, Home Builders Association (HBA) of Miami County, 1200 Archer Drive, commented that the economic benefits of residential construction should be recognized. She further commented that there is over 11% unemployment in Miami County, and based on a study performed for the HBA, this development would reduce unemployment, housing creates jobs and revenue for a City, the first year impact of housing construction creates over 300 jobs paying over $35,000 a year, permanent jobs are created as a result of residential growth, the fiscal impact is about $750,000 a year exclusive of real estate taxes, and this development is vitally important to the economic development of the City with jobs and stability for residents. - Dave Dippold, 115 Carriage Crossing Way, stated he supports the development. He commented that he believes it is important to plan for the future, the work by this developer and builders shows the result of a quality product. - Bart Denlinger, 1291 Archer Drive, stated that he is one of the builders that bought the last section of Stonebridge as that is the only area in Miami County where a product of $500,000 homes can be built. He commented that if Stonebridge Meadows does not go through, he will have to take his business out of Troy and Miami County. Mr. Denlinger commented that construction is an industry that brings jobs to the City, and if this were an industrial company bringing these jobs to Troy, people would look at differently. Mr. Denlinger also noted that he was one of those who originally proposed to develop this land, then known as Concord Point. At that time he was told by a person who opposed the development it would not be opposed if he could be assured the housing would be the same as Stonebridge. With Stonebridge Meadows that assurance is there and he hopes people no longer oppose this development in their back yards. In response to a question of Mr. Clark, Mr. Denlinger stated he now has six employees and has been in business since 2002. - Linda Daniel, 2151 Canterbury Court, stated she supports this development. Mrs. Daniel commented that she has a perspective from working with the Chamber of Commerce and the Troy Development and from leadership positions with the hospital and a local bank and that she has witnessed new business interested in coming to town, and the people from those businesses wanting homes and has seen the dynamics of what makes a city vital. She stated that Troy has a unique history based on what was done centuries ago, and that when Hobart Mfg. came to Troy in the late 1800s the process was the same – there was concern about bringing business to Troy and where December 7, 2009 Page Two would people live. Mrs. Daniel commented that what has made Troy unique and successful and the envy of other communities is that we have been able to work through situations and get to being able to allow the City to grow and thrive. - Dr. Jason Johnston, 810 Diana Drive, stated he supports this development as being good from the City and small business owners as the health and vitality of a small business depends on the growth of a community. He commented that in the situation of his veterinary business, more residents will result in more pet owners and, therefore, more security for his employees. - Charles Cochran, President of the Troy Area Chamber of Commerce and the Troy Development Council, commented that housing is an integral part of successful economic development. Mr. Cochran further commented that as Troy currently does not have a complete range of housing, there is an issue with recruiting new businesses that have a need of homes priced $350,000 and up for executives, and that to build a solid future for Troy with good leadership, the housing is needed as well. Speaking opposed to the development: - Lester Conard, 1210 S. Clay Street, commented that Troy is known as referendum City and he hopes the City would put this on the ballot without having the process of division of the people and the City. He stated he is not totally against development, but there has to be the jobs and he does not feel the majority of the people can afford the homes. He indicated the jobs are needed first. He again asked that the matter be put on the ballot. - Mike Burkholder, 465 Staunton Road, discussed the money the development would draw in. He indicated it would not be difficult to calculate. Mr. Burkholder asked Mrs. Cook to provide her calculations of revenue and asked to be advised of any revenues the City has budgeted from this development. Mr. Burkholder related a series of figures based on his understanding of tax and fee revenues, commenting that such revenues would be less than the projected general fund negative balances through 2014, and that the City could also have increased expenses to serve the development. Mr. Kirkham asked Mr. Burkholder if he did not think some additional revenue would be better than nothing. -Pam Tompkins, 175 Arcadia Court, asked about the difference in the zoning of Stonebridge and the proposed Stonebridge Meadows. Mrs. Minesinger commented that the zoning of Stonebridge only required 9,000 square foot minimum lots, but that the development was build to higher standards, and the covenants and restrictions that are part of the PD require that the houses and lot size of Stonebridge Meadows would be very similar to that constructed in Stonebridge. Ms. Tompkins stated that she loves the Stonebridge development and living there, but is afraid that the Stonebridge Meadows PD would not be as nice. She also asked how the former planned development for this land could have 99 homes and the proposed have 135. She asked if there should not be a moratorium when there has been a referendum on a property/development. Mr. Titterington replied that Stonebridge Meadows has had another parcel added to provide for more homes. Mr. Titterington also commented that the City is weary of the battle to have the land developed and is looking at the long term plan and filling a hole for needed homes such as Stonebridge. He further commented that in Stonebridge the developer exceeded what was required, the City wants to make sure of a guarantee of Stonebridge lots and homes in Stonebridge Meadows so the restrictions and covenants of Stonebridge are included in the PD as a guarantee. There being no further comments, at 7:44 p.m. Mrs. Baker declared this public hearing closed. Mr. Kendall noted that the Law & Ordinance Committee will meet to provide a recommendation to Council regarding the Stonebridge Meadows PD on 12-17-09 at 5:45 pm. MINUTES: The Clerk of Council gave a summary of the minutes of the November 16, 2009 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Kirkham, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Finance Committee: Mr. Douglas, Chairman, reported that Committee recommends that the 2010 Appropriation Ordinance (budget adoption) be prepared as an emergency measure. Committee noted that the budget reflects unfilled positions based on vacancies, declining revenues, minimal capital projects, and does not include salary increases for 2010 as the City is currently involved in the collective bargaining process. Committee further noted that the 2010 budget reflects Council’s number one priority of economic development, and that as a working document, some reappropriations are anticipated during 2010. In that the appropriation includes the funding for agencies for 2010 (based on decreased subsidies) and each requires specific legislation authorizing the funding, Committee recommended that legislation also be prepared authorizing the following funding: December 7, 2009 Page Three Troy Development Council $125,000 Troy Main Street, Inc. $ 70,000 Public Television Communications Center $108,000 Troy Recreation Association, Inc. $ 35,000 Report signed by Kendall, Schweser and Douglas. Safety & Health Committee: Mr. Kirkham, Chairman, reported that Committee recommends legislation be prepared authorizing contracting with the Miami County Health District for health services for Troy citizens, with 2010 funding paid in the amount of $328,670.77. This funding is based on the millage equivalent of .4 outside millage plus .2 inside millage funding of all other Miami County political subdivisions for the Health District with the exception of Piqua. Committee further supported the Director of Public Service and Safety discussing further with the Health Commissioner that Troy become part of the District’s Health Levy commencing in and presenting the process to Council. It will then be determined if Council wishes to ask the voters to support the payment for Health District services through the levy, putting Troy on the same basis as the other Miami County entities and remove the expenditure from the General Fund. Report signed by Hutchinson and Kirkham. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: None RESOLUTION NO. R-66-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY PUBLIC DEFENDER’S COMMISSION FOR 2010 This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Kendall, Douglas, Kirkham, Schweser and Clark. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Kendall, Douglas, Kirkham, Schweser, Clark and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-67-2009 RESOLUTION APPROVING FUNDING TO TROY MAIN STREET, INC. This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Douglas, Kirkham, Schweser, Clark, Hutchinson and Kendall. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Kendall. Yes: Kirkham, Schweser, Clark, Hutchinson, Kendall and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-68-2009 RESOLUTION ALLOCATING FUNDS FOR PUBLIC TELEVISION COMMUNICATIONS CENTER FOR THE YEAR 2010 This Resolution was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Schweser, Clark, Hutchinson, Kendall, Douglas and Kirkham. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Clark, Hutchinson, Kendall, Douglas, Kirkham and Schweser. No: None. RESOLUTION ADOPTED December 7, 2009 Page Four RESOLUTION NO. R-69-2009 RESOLUTION AUTHORIZING THE BOARD OF RECREATION OF THE CITY OF TROY, OHIO, TO ENTER INTO A CONTRACT WITH THE TROY RECREATION ASSOCIATION, INC. FOR RECREATION SERVICES This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Kirkham. Yes: Hutchinson, Kendall, Douglas, Kirkham, Schweser and Clark. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Schweser. Yes: Kendall, Douglas, Kirkham, Schweser and Hutchinson. Abstain: Clark (to avoid the appearance of a conflict of interest as he is a member of the Troy Recreation Association, Inc. Board). No: None. RESOLUTION ADOPTED RESOLUTION NO. R-70-2009 RESOLUTION AUTHORIZING THE CITY OF TROY, OHIO TO CONTRIBUTE TO THE TROY DEVELOPMENT COUNCIL FOR ECONOMIC DEVELOPMENT FOR THE CITY OF TROY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Douglas, Kirkham, Schweser, Clark, Hutchinson and Kendall. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Schweser. Yes: Kirkham, Schweser, Clark, Hutchinson, Kendall and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-71-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY GENERAL HEALTH DISTRICT FOR HEALTH SERVICES This Resolution was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Kirkham. Yes: Schweser, Clark, Hutchinson, Kendall, Douglas and Kirkham. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Hutchinson, Kendall, Douglas, Kirkham and Schweser. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-29-2009 ORDINANCE CHANGING THE ZONING OF INLOT 9304 AND INLOT 10160 IN THE CITY OF TROY, OHIO FROM MIAMI COUNTY ZONING A-1 DOMESTIC AGRICULTURAL DISTRICT AND A-2 GENERAL AGRICULTURAL DISTRICT AND ADOPTING A CITY ZONED PLANNED DEVELOPMENT This Ordinance was given first title reading on November 16, 2009. Given public hearing and second title reading. ORDINANCE NO. O-30-2009 ORDINANCE APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2010 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. December 7, 2009 Page Five Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Kendall, Douglas, Kirkham, Schweser and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Kendall, Douglas, Kirkham, Schweser, Clark and Hutchinson. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR BEAMISH. Mayor Beamish noted that the Troy Planning Commission is continuing the update of the Comprehensive Plan and has conducted two visioning sessions. COMMENTS OF THE CITY AUDITOR. Mr. Cultice thanked Council for adopting the budget (O-30-2009) and thanked departments and staff for the work on the budget document. Mrs. Baker thanked Mr. Cultice for his efforts on the budget. AUDIENCE COMMENTS. - Brian Nixon commented that work is still going on to raise funds for the Troy Skate Park. He stated the first financial need is $2,000 to file for tax exempt status for donations. He also noted that he has met with the Park Board President and Superintendent, and they have agreed to place more ties in the park in the interim to improve the skateboard features, and he hopes to have a power point presentation at the next meeting. - Jerry Stichter, 467 W. Staunton Road, in regard to the public hearing on the PD, commented that it was mentioned about the water line looping to Concord School, however he has asked about this in the past and not received a satisfactory answer was to why if the project was authorized as a City expenditure of $500,000 why did the project not proceed as now the developer is noting a $190,000 savings to the City for the developer completing the water line. He also asked that if the area added to the PD over the prior submittal is another 5 acre parcel, how could that area allow for increasing homes from 99 to 135. Mr. Stichter stated he thought it would be helpful to see a map. There being no further business, Council adjourned at 8:08 p.m. ________________/s/____________________ _________________/s/_____________________ Clerk of Council President of Council |