(return to 2010 Minutes)

 March 15, 2010

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, March 15, 2010, at 7:00 p.m. in Council Chambers.

Members Present: Clark, Harrah, Hutchinson, Kendall, Phillips, Schweser and Stubbs.

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, Auditor

INVOCATION: An invocation was given by Council Member Schweser.

PUBLIC HEARING: At 7:02 p.m. Mrs. Baker announced a public hearing on Ordinance No. 0-7-2010, rezoning of the Central Business District.
- Steve Kalmar, 436 Miami Street, stated he is Chair of the Housing Authority which owns a property proposed for rezoning but as there are residents at that property he understands the use would be grandfathered. He further commented that there are properties on Hobart Drive that have a residential use but a bank will not approve a loan as the properties are commercially zoned. With the proposal, Mr. Kalmar stated that residential use would be out of favor except on second floors, and that if someone wanted to move into a ground floor of a commercial location (as a residence) that could not be done, but he does not know why someone would want to do that. He suggested that definitions should be changed to reflect purpose built commercial buildings and to add to allowable uses that 1, 2 and multi-family buildings can be built in the downtown if the building is “purpose built”. He suggested people may want to live in a downtown setting but not necessarily in properties that exist. Mr. Kalmar suggested that Council look at what Troy Community Works is attempting to do in downtown Troy, and talk a little more with people that live and do business in the downtown before getting in the way of marketability of the downtown properties. He stated he is concerned that zoning changes are being made without real discussion with the property owners and suggests staff and the Planning Commission hold a series of meetings and notification ahead of the process. He suggested Council table action or send the matter back to the Planning Commission for more discussion as no one representing anyone in the downtown district was at the Planning Commission meeting. Mr. Kalmar stated that the Overfield Tavern would not be allowed to exist as a museum under the proposed rezoning.
- John Califf, 15 W. Race, stated he opposed the inclusion of this property in the rezoning, and the proposed zoning is not consistent with the use of the property, not consistent with the uses of neighboring properties, and not consistent with possible other uses he has for the property. He stated the current use as a law office, and the prior uses as a dental office, residence, and equipment calibration business (almost a shop) would not be allowed under the proposed zoning. Mr. Califf further commented that there are three Race Drive properties proposed for rezoning – his, a private residence, and a property in the historic district that is rented, and his property would be adversely affected if the rezoning is approved.
- Rosaleen Raymond, 31 N. Walnut, stated she has lived at the residence for 22 years, and she opposes the rezoning of the property. She stated she knew the property was zoned commercial when it was purchased and that is the zoning she would like to see remain. She commented that she feels the proposed rezoning is unfair to people who have invested years in a property, improved and cared for a property, and put sweat equity into a property.
- Jean Melvin, 25 N. Walnut, stated she also owns the property at 116 E. Franklin, and she opposes the rezoning. Mrs. Melvin stated she felt that the people who are affected by this proposal should have been talked to first. She also suggested that some of the property owners may be afraid to come to Council meeting, and she hears many negative comments regarding the City.
- Bill Arthur, owner of the Iliad (florist shop), 110 E. Main Street, stated he is concerned about the rezoning of properties that had been purchased under their current zoning, and he would like more time to see what he thinks about the proposal.
There being no further comments, Mrs. Baker declared this public hearing closed at 7:24 p.m.


MINUTES: The Clerk gave a summary of the minutes of the March 1, 2010, meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Harrah, to approve these minutes. Motion passed by unanimous roll call vote.


March 15, 2010 Page Two

COMMITTEE REPORTS:
Buildings, Streets & Sidewalks Committee:
Mr. Harrah, Chairman, reported that Committee recommends legislation be prepared consenting to the Ohio Department of Transportation (ODOT) resurfacing of SR 41 from I-75 west to the corporation limit, with the City paying 20% of the project. As required by ODOT, Committee supported emergency legislation.
Report signed by Kendall, Phillips and Harrah.
Discussion. In response to a question of Mr. Schweser, the City Engineer advised that ODOT will grind the pavement down about 2” and then resurfaced the ground area.

Finance Committee:
Mr. Kendall, Chairman, reported as follows:
1) Committee recommends legislation be prepared approving a 25- year loan from the Downtown Business Building Repair Loan Fund in the amount of $206,000 to Wade Westfall to provide funds to purchase the remaining five buildings from the Harbor Marital Trust. The interest rate would be 2% annual simple interest. The loan approval has been recommended by the Downtown Loan Committee (DLC). Committee noted that this loan exceeds the loan guidelines due to the size of the project and the number of buildings involved. Along with this loan, the transfer of $300,000 from the ED RLF to the DBR would be completed so that there would be funds in the DBR for future qualifying loans. This would leave a sufficient balance in the ED RLF for other loans as well. It is the intent of the loan funds that the monies be used and not held as fund balances. The legislation would be an emergency measure so the loan can be processed as soon as possible.
2) Committee recommends legislation be prepared to support the recommendations of the Enterprise Zone Tax Incentive Review Council (EZTIRC) regarding continuing the Troy Towne Park TIF and the seven Enterprise Zone Agreements that were in place as of December 31, 2009, with the legislation being an emergency measure as reports must be filed with the Ohio Department of Development prior to the end of March.
Reports signed by Schweser, Stubbs and Kendall.

Law & Ordinance Committee:
Mr. Schweser, Chairman, reported that Committee recommends legislation be prepared approving the placement of 25.15 acres of land on Lytle Road in an Agricultural District, an application for which was filed by the Harold Hines Trust. Committee noted this is the 4th five-year application for this land.
Report signed by Kendall, Phillips and Schweser.

Safety & Health Committee:
Mr. Clark, Chairman, reported that Committee recommends legislation be prepared authorizing an agreement with the Lostcreek Township Board of Trustees for the Troy Fire Department to provide Emergency Medical Services to a specified geographic service area of Lostcreek Township for a 33-month period ending December 31, 2012, with emergency legislation as the current agreement expires March 31.
Report signed by Harrah, Hutchinson and Clark.

Utilities Committee:
Mr. Hutchinson, Chairman reported as follows:
1) Committee recommends legislation be prepared authorizing an agreement with Malcolm Pirnie, Inc. to update the City’s Source Water Assessment Plan and Wellhead Protection Program at a cost not to exceed $33,000, the legislation being emergency to meet EPA deadlines.
2) Committee recommends legislation be prepared authorizing the bidding for the Floral Avenue Storm Sewer Addition Project at a cost not to exceed $90,000.
Reports signed by Harrah, Schweser and Hutchinson.

COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. NONE.


RESOLUTION NO. R-9-2010
RESOLUTION APPROVING APPLICATION OF HINES HAROLD A., TRUSTEE OF HAROLD A. HINES TRUST TO PLACE LAND IN AGRICULTURAL DISTRICT

This Resolution was given first title reading on March 1, 2010.
Given second title reading.

March 15, 2010 Page Three


Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Phillips.
Yes: Clark, Harrah, Phillips, Hutchinson, Schweser, Stubbs and Kendall.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Schweser.
Yes: Harrah, Phillips, Hutchinson, Schweser, Stubbs, Kendall and Clark.
No: None. RESOLUTION ADOPTED


RESOLUTION NO. R-12-2010
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH THE LOSTCREEK TOWNSHIP BOARD OF TRUSTEES AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Phillips, Hutchinson, Schweser, Stubbs, Kendall, Clark and Harrah.
No: None.
Mr. Schweser moved for adoption. Motion seconded by Mr. Kendall.
Yes: Hutchinson, Schweser, Stubbs, Kendall, Clark, Harrah and Phillips.
No: None. RESOLUTION ADOPTED


RESOLUTION NO. R-13-2010
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH MALCOLM PIRNIE, INC. AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Phillips.
Yes: Schweser, Stubbs, Kendall, Clark, Harrah, Phillips and Hutchinson.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Stubbs.
Yes: Stubbs, Kendall, Clark, Harrah, Phillips, Hutchinson and Schweser.
No: None. RESOLUTION ADOPTED


RESOLUTION NO. R-14-2010
RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE TAX INCENTIVE REVIEW COUNCIL AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Phillips moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs.
Yes: Kendall, Clark, Harrah, Phillips, Hutchinson, Schweser and Stubbs.
No: None.
Mr. Schweser moved for adoption. Motion seconded by Mr. Phillips.
Yes: Clark, Harrah, Phillips, Hutchinson, Schweser, Stubbs and Kendall.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-15-2010
RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE TAX INCENTIVE REVIEW COUNCIL FOR THE TROY TOWNE PARK TIF AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah.
Yes: Harrah, Phillips, Hutchinson, Schweser, Stubbs, Kendall and Clark.
No: None.
March 15, 2010 Page Four

Mr. Clark moved for adoption. Motion seconded by Mr. Harrah.
Yes: Phillips, Hutchinson, Schweser, Stubbs, Kendall, Clark and Harrah.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-16-2010
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 FLORAL AVENUE STORM SEWER PROJECT

This Resolution was given first title reading.

Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Hutchinson, Schweser, Stubbs, Kendall, Clark, Harrah and Phillips.
No: None.
Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah.
Yes: Schweser, Stubbs, Kendall, Clark, Harrah, Phillips and Hutchinson.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-17-2010
RESOLUTION APPROVING THE LOAN APPLICATION OF WADE WESTFALL FOR ASSISTANCE FROM THE CITY OF TROY DOWNTOWN BUILDING REPAIR LOAN PROGRAM AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Phillips.
Yes: Stubbs, Kendall, Clark, Harrah, Phillips, Hutchinson and Schweser.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall.
Yes: Kendall, Clark, Harrah, Phillips, Hutchinson, Schweser and Stubbs.
No: None. RESOLUTION ADOPTED


RESOLUTION NO. R-18-2010
PRELIMINARY RESOLUTION CONSENTING TO THE IMPROVEMENT OF STATE ROUTE 41, FROM INTERSTATE ROUTE 75 TO THE WEST CORPORATION LIMIT, WITHIN THE CITY OF TROY, BY THE OHIO DEPARTMENT OF TRANSPORTATION AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Phillips moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Stubbs, Kendall, Clark, Harrah, Phillips, Hutchinson and Schweser.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall.
Yes: Kendall, Clark. Harrah, Phillips, Hutchinson, Schweser and Stubbs.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-7-2010
ORDINANCE CHANGING THE ZONING DESIGNATION FOR VARIOUS PARCELS OF PROPERTY LOCATED IN THE CITY OF TROY, OHIO, FROM B-3, CENTRAL BUSINESS DISTRICT TO EITHER OR-1, OFFICE RESIDENTIAL DISTRICT OR TO B-1, LOCAL RETAIL DISTRICT INDUSTRIAL DISTRICT

This Ordinance was given first title reading on March 1, 2010.
Given second title reading.


March 15, 2010 Page Five

COMMENTS OF THE MAYOR:
Mayor Beamish commented that he has proclaimed March as National Red Cross Month.

COUNCIL MEMBERS COMMENTS:
-Mr. Harrah stated that he appreciates that Mr. Westfall has purchased the Harbor properties and looks forward to the improvements Mr. Westfall will be making to the properties.
-Mr. Phillips noted that the AMR system continues to help identify water usage issues that can be corrected to help citizens avoid costly water bills.

AUDIENCE COMMENTS:
-Lester Conard, 1210 S. Clay Street, asked if there had been discussion regarding this comments at the prior meeting regarding snow handling. Mrs. Baker noted that dealing with snow issues was a staff matter. Mr. Conard stated he felt this would be addressed by a Committee of Council. Mr. Titterington commented that Mr. Conard’s comments were discussed by staff, that the City tries not to plow in driveways; however, costs would be astronomical if the City stopped plowing at each driveway. Regarding Mr. Conard’s comments about the handicap ramps at corners, Mr. Titterington stated the City tries not to pile snow near or against the ramps and if it must do so during heavy snows, the City tries to remove the snow as soon as possible. In residential areas, Mr. Titterington stated that the ramps that are part of sidewalks are the property owners’ responsibility to keep clear. Mr. Conard stated he feels it is the job of the City to clear all sidewalk corners and not the property owner.
-Dale Magato, 2310 Cara Drive, stated he had previously complained about noise from fans at Andy’s Garden, and the noise started up again this week, and he feels he has had no response in 10 years other than receiving some copies of letters to the business. Mr. Titterington stated that the complaints have been investigated many times, often the readings will not exceed that allowed, when the readings have exceeded allowed limits, the owners of Andy’s Garden has worked with staff to provide some remedies, and staff will again check the situation.

EXECUTIVE SESSION:
A motion was made by Mr. Harrah, seconded by Mr. Schweser, to recess into executive session to discuss negotiations with our public employees concerning their compensation and terms and conditions of employment. Motion passed by unanimous roll call vote.
Council recessed into executive session at 8:06 p.m.
At 8:36 p.m., a motion was made by Mr. Harrah, seconded by Mr. Phillips, to return to regular session. Motion passed by unanimous roll call vote.

There being no further business, the meeting adjourned at 8:37 p.m.

_________________/s/_______________________ _______________/s/_______________________
Clerk of Council                                                              President of Council