November 3 Packet

8/10/2019 November 3 Packet

1/63

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City of Troy

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PLEDGE OF ALLEGIANCE

INVOCATION

AGENDA. TROY CITY COUNCIL

MONDAY. NOVEMBER

3

2014,

7:00P M

COUNCIL CHAMBERS. CITY HALL

ROLL CALL Excuses motion/second/roll call vote

SUMMARY OF MINUTES

COMMITIEE

REPORTS

October 20, 2014

motion/second/roll call vote

Citizen comments on committee reports

or

agenda items - two minute limit

RESOLUTIONS

R-48-2014

R-49-2014

R-50-2014

R-51-2014

ORDINANCES

0 31 2014

0 32 2014

0 33 2014

Contract w/Rozzi Company, Inc. for July 4 fireworks in 2015 and 2016, 31,500 per year

Bid certain supplies & materials for 2015 (Fire Hydrants

1

05,600;

Water

Meters 178,500;

Asphalt Materials 59,500)

Purchase gasoline and diesel fuel during 2015

Final Resolution, ODOT paving part

of

State Routes 55 &

41

in 2015, City share 125,216

Rezoning IL 2176 (1200 S. Crawford St.) from M-2, Light Industrial District, R-5,

Single-Family Residential District

Seasonal salaries, effective 1-1-2015

Amend Ordinance section 521.11 (g), flat administrative fee of 100 per violation

for noxious weed violations/mowing

0 34 2014 Sale of surplus parcels of land

COMMUNICATIONS/ANNOUNCEMENTS

COMMENTS:

COMMENTS:

COMMENTS:

COMMENTS:

ADJOURN

Mayor, Director

of

Public Service & Safety, Director

of

Law, Auditor, Council President

Council

Staff

Audience

NOTE: Committee meetings may take place prior to or following Council meeting

1st Reading

1st

Reading

1st

Reading

1st Reading

3rd Reading

1st

Reading

1st

Reading

1st Reading


2/63

DISPOSITION OF ORDINANCES AND RESOLUTIONS

Date

o

Meeting: Nov

3

2014

Troy City Council Meeting

DESCRIPTION RESOLUTION NO

1ST READING 2ND READING 3RD READING PUBLIC HEARING SUSPENSION ADOPTION

Fireworks contract 2015/2016

R-48-2014

Bid supplies materials for 2015 R-49-2014

Purchase fuel items for 2015 R-50-2014

Final ODOT paving

on

SR

55

SR

4

R-51-2014

RDINANCE NO

Rezone 1200 S Crawford, M-2 to R-5

0-31-2014 10/6/2014

10/20/2014 10/20/2014

easonal salaries for 2015

0-32-2014

lat fee - noxious weed violations

0-33-2014

ale surplus land

0 -34-2014


3/63


4/63

October

20

2014 Page Two

-Mayor Dick Church of Miamisburg stated that while attending a riverfront meeting in Piqua last week, he heard

that some comments attributed to him may have been used against Troy's Riverfront Development Project.

He

wanted to make it clear that Miamisburg

is

proceeding with Riverfront Development, has already spent 3

million on Riverfront Park and

had 68

events at their park this summer. Mayor Church stated that the bonding

capacity of Miamisburg will not permit Miamisburg to bond the entire development amount at this time, but

riverfront development remains a priority for Miamisburg.

--Cindy Schaefer, 26

N.

Short Street, commented that she hopes those opposing the Marina Building

continue to do

so

with a 25-year payback she feels the building

can

only be used the equivalent of 12 years of

that period. She also said

the

new entrance to Community Park makes it look like it is for commercial trucks

and not the intimate area it has been.

RESOLUTION NO. R-42-2014

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 MARINA BUILDING

IMPROVEMENTS

This Resolution was given first title reading on September

15

2014.

Given second title reading October 6 2014.

Given third title reading.

Mr.

Kendall moved for adoption. Motion seconded by

Mr.

Tremblay.

Yes: Schweser, Tremblay, Kendall, Snee and Heath.

No:

Clark, Phillips, Oda and Twiss.

RESOLUTION

NO.

R-44-2014

RESOLUTION ADOPTED


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.

Clark moved for suspension of rules requiring three readings. Motion seconded by

Mr.

Phillips.

Yes: Clark, Phillips, Tremblay, Oda, Kendall, Twiss, Snee, Heath and Schweser.

No:

None.

Mr.

Schweser moved for adoption. Motion seconded by

Mr.

Kendall.

Yes: Phillips, Tremblay, Oda, Kendall, Twiss, Snee, Heath, Schweser and Clark.

No:

None. RESOLUTION ADOPTED

RESOLUTION NO. R-45-2014


TROY, OHIO TO MAKE APPLICATION FOR OHIO PUBLIC WORKS COMMISSION (OPWC) FUNDS FOR

THE McKAIG ROAD IMPROVEMENT PROJECT PHASE Ill AND DECLARING

AN

EMERGENCY


Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by

Mr.

Schweser.

Yes: Tremblay, Oda, Kendall, Twiss, Snee, Heath, Schweser, Clark and Phillips.

No: None.


5/63

October 20 20 14

Page Three

Mr. Tremblay moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark.

Yes: Kendall, Twiss, Snee, Heath, Schweser, Clark, Phillips, Tremblay and Oda.

No:

None.

Mr. Kendall moved for adoption. Motion seconded by Mr. Schweser.

Yes: Twiss, Snee, Heath, Schweser, Clark, Phillips, Tremblay, Oda and Kendall.

No:


RESOLUTION

NO.

R-47-2014

RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS TO GRANT A RIGHT OF WAY

AND

EASEMENT TO DAYTON POWER AND LIGHT COMPANY (DP L) AND DECLARING

AN

EMERGENCY


Mr.

Kendall

moved

for suspension of rules requiring three readings. Motion seconded

by Mr.

Tremblay.

Yes: Snee, Heath, Schweser, Clark, Phillips, Tremblay, Oda, Kendall and Twiss.

No: None.

Mr. Kendall moved for adoption. Motion seconded by Mr. Twiss.

Yes: Heath, Schweser, Clark, Phillips, Tremblay, Oda, Kendall, Twiss

and

Snee.

No:


ORDINANCE NO. 0-31-2014

ORDINANCE CHANGING THE ZONING OF INLOT 2176 (PARCEL

NO.

D08-022170)

IN

THE CITY

OF

TROY,

OHIO FROM M-2, LIGHT INDUSTRIAL DISTRICT TO R-5 SINGLE-FAMILY RESIDENTIAL DISTRICT

This Ordinance was given first title reading

on

October

6

2014.

Given public hearing and second title reading.

COMMENTS OF THE MAYOR: Mayor Beamish noted that the annual Halloween Parade will be held October

25

Make a Difference Day will also be on October

25

and Trick or Treat will be October 30 6-8 pm

COMMENTS OF COUNCIL:

-Mrs. Snee asked when the water line work on Frank Street

is

to be finished. She was advised that staff will

check with the contractor and let her know.

-Mr. Phillips asked if being able to apply brine to all roadways in an 8-hour day will have a futher impact on

handling of snow or ice.

Mr.

Titterington commented that last year the City had one brine vehicle and now has

three, there will more brining

to

do more pretreatment when possible

and

that may reduce the amount of salt

needed under certain circumstances,

and

with the high cost of salt coupled with the limited supply, the City will

use brining as much as possible.

COMMENTS OF THE PRESIDENT OF COUNCIL: Mrs. Baker asked if a report will be forthcoming to Council

since the sign has been removed that indicated the traffic light at Cedar StreeVMain Street was under study for

removal.

Mr.

Titterington stated that will be provided as well as information

on

other signals that were studied.


6/63

COMMITTEE REPORT

TROY CITY COUNCIL

TO: Mrs. Baker, President of Council

FROM: Finance Committee

DATE: October

20

2014

SUBJECT: ADMINISTRATIVE FEE RELATED TO NOXIOUS WEED MOWING

SUMMARY REPORT:

to be read at Council meeting)

On October 20 this committee met regarding establishing a flat administrative fee of 100 related

to

each

mowing when there has been a noxious weed violation. The current provision is an administrative fee of

20o/o.

This equals 5.60, which does not cover the expenses associated with processing a violation. A flat fee of

100 represents the cost to the City for processing each mowing violation.

RECOMMENDATION:

to be read

t

Council meeting)

It is the recommendation of this Committee that legislation be prepared amending Section 521.11 (g) o the

Ordinances to establish a flat administrative fee of 100 related to each mowing when there is a violation of the

Noxious Weed provisions.

DETAILED REPORT:

Respectfully submitted,

John W. Schweser

Douglas W. Tremblay

Thomas

M.

Kendall, Chairman

Finance Committee

On

October 20, 2014, this committee met to consider recommending a flat administrative fee related to mowing

when there has been a noxious weed violation. This meeting was also attended by Mayor Beamish, Council

President Baker, Council Members Phillips and Oda, the Director of Law, the City Auditor, the Director o

Public Service and Safety, and members o the City staff.

The current provision is that an administrative fee of 20o/o is applied when processing the mowing bill related to

a violation o the noxious weed provisions. Based

on

a mowing charge o 28 per hour for the mowing, the

20o

administrative fee calculation is 5.60. We were advised that the

20o

fee does not cover the

administrative cost o processing a violation. Having mowing done by the City is actually considerably cheaper

than a property owner would pay to privately have a lawn care business do the mowing. Staff recommended

that Section 521.11(g)

be

amended to establish an administrative fee of 100 per mowing as such fee is

reflective o the costs incurred by the City. The administrative fee becomes part o the mowing expense that is

assessed to the property. We also reviewed a survey of the administrative fee applied by our neighboring

communities for this type o offense. A flat fee of 100 would

be in

the middle o those fees.


7/63

TO:

FROM:

COMMITTEE REPORT

TROY CITY COUNCIL

Mrs. Baker, President of Council

Finance Committee

DATE: October

20

2014

SUBJECT:

BIDDING SUPPLIES

&

MATERIALS AND PURCHASE

OF

FUEL FOR 2015

SUMMARY: to be read t Council meeting)

On

October

20

this Committee met

to

consider authorizing the purchase of fuel for 2015 and the bidding of certain

supplies and materials for 2015.

RECOMMENDATION: to be read t Council meeting)

It is the recommendation of this Committee that legislation be prepared authorizing the Director of Public Service

and

Safety

to

purchase fuel quantities

on

the open market when needed during 2015 as firm prices cannot

be

obtained through the standard bid process. It

is

the recommendation of this Committee that legislation

be

prepared

authorizing the Director of Public Service and Safety

to

advertise for bids and enter into contracts for the 2015

supply for asphalt materials, fire hydrants, and water meters as outlined

in

the detailed report.

DETAILED REPORT:


John W. Schweser

Douglas W. Tremblay

Thomas M. Kendall, Chairman

Finance Committee

On

October

20

2014, this Committee met

to

consider authorizing bidding of certain supplies and materials

and

the

purchase of fuel during 2015. This meeting was also attended by Mayor Beamish, Council President Baker,

Council Members Phillips and Oda, the Director of Law, the City Auditor, Director of Public Service and Safety, and

members of the City staff.

Based on the estimates provided by staff, the following supplies and materials would need to

be

bid for 2015

so

that vendors are selected and the needed quantities are reserved. These items are:

ITEM

Asphalt Materials

Fire Hydrants

Various size water meters and appurtenances

ESTIMATED COST

59,500

105,600

178,500

Vendors do not provide firm bids for fuel items (gasoline, diesel fuel). Routinely, Council considers legislation for

the coming year authorizing fuel items to

be

purchased as needed based on the lowest and best price at the time

fuel is needed.

RECOMMENDATION:

It

is

the recommendation of this Committee that legislation

be

prepared authorizing the Director of Public Service


8/63


9/63

TO:

COMMITTEE REPORT

TROY CITY COUNCIL

DATE: October 27, 2014

FROM:


Law Ordinance Committee

SUBJECT: REZONING INLOT 2176 FROM M-2, LIGHT INDUSTRIAL DISTRICT, TO R-5, SINGLE

FAMILY RESIDENTIAL DISTRICT

SUMMARY REPORT: to be read t Council meeting)

This Committee met on October 27 to review a rezoning recommendation from the Troy Planning Commission

that lnlot 2176 be rezoned from M-2, Light Industrial District, to R-5, Single-Family Residential District. This is

the address

of

1200 S. Crawford Street. This rezoning has been recommended by the Troy Planning

Commission. There were no comments made opposing the rezoning at the public hearing held October 20.

RECOMMENDATION:

to be read t Council meeting)

We support the findings of the Planning Commission regarding this rezoning and recommend that Ordinance No.

0 31 2014

be adopted to provide for the rezoning of lnlot 2176 from M-2 to R-5.

DETAILED REPORT:


Bobby W. Phillips

Lynne

B. Snee

John W. Schweser, Chairman

Law Ordinance Committee

This Committee met on October 27, 2014 to review the recommendation from the Troy Planning Commission

that lnlot 2176 (PARCEL DOB-022170), which is the address of 1200 S. Crawford Street, be rezoned from M-2,

Light Industrial District, to R-5, Single-Family Residential District. The meeting was also attended by Mayor

Beamish, Council President Baker, the City Auditor, the Director of Public Service and Safety, and members

of

the City staff.

The owner

of

the property is Charles Griesemer; the applicant is Jerry Miller. The proposed zoning is

consistent

with the surrounding zoning. Council held a public hearing on this rezoning at the October 20

meeting and no comments were made opposing the rezoning.

We

support the findings

of

the Planning Commission that

In

lot 2176 should

be

rezoned from M-2 to R-5 based on

the following findings:

o The area has the same zoning to the west, north, and east as the proposed zoning classification.

o The parcel meets the size requirements for an R-5 zoned property and fits the use well.


10/63

TO:

FROM:

COMMITTEE

REPORT

TROY CITY COUNCIL


Personnel

Committee

DATE:

October 28,2014

SUBJECT:

ADJUSTMENT TO

PART

-T

IME/SEASONAL

WAGE SCALE TO MEET MINIMUM WAGE LAW

SUMMARY

REPORT: to be read at Council meeting)

Committee

members Twiss and Clark

met

on October 28 regarding adjusting the starting

wage

rates

for part-time

and

seasonal workers by 0.15 per hour to be consistent with the new Ohio minimum

wage

law of 8.1 0 per hour, effective January 1, 2015.

RECOMMENDATION:

to

be read at Council meeting

It

s

the

recommendation

of

this

Committee that

legislation

be prepared amending

the rate for

seasonal employees, temporary laborers

and

temporary clerks to reflect a starting hourly wage for

all new hires of 8.10 as of January 1, 2015, to comply with the Ohio minimum wage as required.

DETAILED

REPORT:


Thomas M. Kendall

William C.

Twiss

Alan R. Clark, Chairman

Personnel

Committee

Committee

members Twiss and Clark

met

on October

28,

2014 to review a proposed adjustment to

the

entry level hourly

wage

paid to part-time and seasonal workers

to comply

with

the

Ohio

minimum wage as of January

1,

2015. This meeting was also attended by members of the City staff.

As of January

1,

2015, the State of Ohio minimum wage will increase by 0.15

per

hour from _ 7.95

per

hour to 8.1 0 per hour. The Federal law rate s 7.25

per

hour; however, the City

is

mandated to

meet

the state rate.

To comply

with the Ohio minimum

wage

the City's entry level step for part

time and seasonal workers will need to be adjusted to 8.1 0

per

hour. Adjustments are not being

made to

any

other part-time wages. The overall cost

to

the City for this adjustment will

be less

than

1,000.

RECOMMENDATION:

It

is

the

recommendation

of

this

Committee that legislation be prepared amending

the

rate for


11/63

TO:

FROM:

COMMITTEE REPORT

TROY CITY COUNCIL

Mrs. Baker, President

of

Council

Recreation Parks Committee

DATE: October 29, 2014

SUBJECT:

SURPLUS LAND

SUMMARY REPORT: to be read

t

Council meeting)

This Committee met on October 29 to consider the

re

quest that a 0.52 acre parcel on Staunton Road and an

approximate

9.368 acre parcel on

SR 202 be

declared as surplus and no

longer

needed for a public

purpose, and that the parcels be sold.

We

note that the parcel on Staunton Road has been declared as

surplus, but

was

not correctly identified as Allen Park access.

RECOMMENDATION:

to be read

t

Council meeting)

It is the recommendation

of

this Committee that legislation be prepared declaring Parcel 008-250083

on

Staunton

Road and Parcel 045-250045 on SR 202 as surplus and not needed for a public purpose.

DETAILED REPORT:


Robin I Oda

Douglas W. Tremblay

Brock A. Heath, Chairman

Recreation Parks Committee

This Committee met on October 29, 2014, to consider a request that two parcels

of

land be declared as

surplus and no longer needed for a public purpose, and that the parcels be sold. This meeting was also

attended by the City Auditor, the Director of

Public Service and Safety, and members

of

the City staff.

The following parcels are requested to be declared as surplus:

A 0.52 acre parcel (Parcel 008-250083) on Staunton Road, known as Allen Park access. The

Board

of

Park Commissioners recommended the parcel be declared as surplus.

We

note that

this parcel was declared surplus by prior legislation, but was incorrectly identified as surplus

Wastewater Treatment

Plant

WWTP)

land.

An

approximately 9.368

acre

parcel (Parcel 045-250045) on SR 202. This is the surplus

WWTP

parcel. This land is

not needed

for a public purpose.

By

selling the land the City will

not

need to

maintain or expend funds to further secure the land.


12/63

TO:

FROM:

COMMITTEE REPORT

TROY CITY COUNCIL


Streets & Sidewalks Committee

DATE: October

27, 2014

SUBJECT: FINAL ODOT

LEGISLATION

SR

55 &

SR

41

RESURFACING

SUMMARY REPORT: to be read

t

Council meeting)

This Committee met October

27

regarding the final legislation provided by the Ohio Department of

Transportation (ODOT) related to the resurfacing of sections of SR

55

and

SR

41 as a part of the State's

FY 2015 programs. The City approved the consent legislation for the paving

of

the areas set forth

in

the

detailed report. The City is required to pay

20o

of the project cost. Based on the pre-bid estimate, the

City's estimate cost is

125,216.

RECOMMENDATION:

to be read

t

Council meeting)

It is the recommendation of this Committee that he final legislation provided by ODOT be approved by

Council, including remitting the local share estimate of 125,216. Based on the ODOT format, as well as

the November 19 date the legislation and remittance is to be received by ODOT, we support emergency

legislation.

DETAILED REPORT:


Brock A Heath

Lynne B Snee

Bobby W. Phillips, Chairman

Streets & Sidewalks Committee

This Committee met

on

October

27, 2014,

to consider the final legislation provided by the Ohio Department

of Transportation (ODOT) regarding ODOT's schedule to pave portions of SR 55 and SR 41 during State

FY 2015. The meeting was also attended by Mayor Beamish, Council President Baker, the City Auditor,

the Director of Public Service and Safety, and members of the City staff.

Council previously approved revised consent legislation for ODOT to pave the following areas in

2015,

with

the City to pay

20o

of the project cost:

Portion of SR 55 from Franklin Street to Staunton Road, including the Public Square.

A section of SR 41 from the Public Square to Cherry Street.

An approximate one mile section of SR

55

from Nashville Road to the beginning of the four lane

road.

ODOT will be bidding this paving prior

to

year end, with the work to be done in the spring of 2015. The

City

is

responsible for 20o/o of the project cost, currently estimated at 125,216. That amount

is

higher than

indicated when the consent legislation was approved; however, the current estimated share is based on a


13/63


14/63

CITY

OF

TROY OHIO

RESOLUTION

No _ ....:.: .R ...... :.4;:.._9 =2o

....:.... -

Day

wn

Le

gal

: - - - - : - - - - - = = = = =

= = = = = = = ~ = = = = = = = = = = = = = = = = = = = = = = = = = = r

RE SOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC

SERVICE AND SAFETY OF THE CITY OF TROY. OHIO TO

ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS FOR

CERTAIN SUPPLIES FOR THE YEAR 2015

WHEREA

S

it

is

recommended that the City bid on the following supplies and materials for

the year 2015 in order to secure the quantities and prices prior to the year's end: various size Fire

Hydrants, various size Water Meters and Appurtenances, and asphalt materials.

NOW, THEREFOR

E

BE IT RESOLVED by the Council

o

the City

o

Troy, Ohio, as

follows:

SEC

TI

ON

1:

That the Director

o

Public Service and Safety of the City

o

Troy, Ohio is

hereby authorized to advertise for bids and to enter into a contract for the purchase

o

various

size Fire Hydrants for the year 2015,

in

accordance with the specifications now on file

in

the

office o the Director of Public Service and Safety, at a cost not to exceed One Hundred Five

Thousand, Six Hundred Dollars ( 105,600.00).

SECTION II

:

That the Director o Public Service and Safety o the City o Troy, Ohio is

hereby authorized to advertise for bids and to enter into a contract for the purchase o various

size Water Meters and Appurtenances for the year 2015, in accordance with the specifications

now on file in the office o the Director o Public Service and Safety, at a cost not to exceed One

Hundred Seventy-Eight Thousand, Five Hundred Dollars ( 178,500.00).

SECTION

Ill:

That the Director o Public Service and Safety

o

the City

o

Troy, Ohio is

hereby authorized to advertise for bids and to enter into a contract for the purchase o asphalt

materials (hot mix paving material) for the year 2015, in accordance with the specifications now

on fi le in the office of the Director o Public Service and Safety, at a cost not to exceed Fifty

Nine Thousand, Five Hundred Dollars ( 59,500.00).

SECTION IV: That this Resolution shall be effective at the earliest date allowed by law.

Adopted:

Approved:

Attest: c -

Cierk of Counci l

President o Council

Mayor


15/63

CITY

O

TROY OHIO

RESO L UTI 0 N N

o .__:;.:. _;

2 ~ o

1

:

RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC

SERVICE AND SAFETY OF THE CITY OF TROY. OHIO TO

ENTER INTO AGREEMENTS FOR THE PURCHASE OF

GASOLINE AND DIESEL FUEL AFTER BIDDING ON THE

OPEN MARKET AND AWARDING CONTRACTS ON A

LOWEST AND BEST BID BASIS

WHEREAS, this Coun

ci

l has previously determined tha t advertising for bids for

ce

rt

ain materials fo r the ca lendar year 2015 may not solicit firm bids under the statutory

bidding process; and

WHEREAS, the City may receive firm bids on certa

in

materials because they are

availa

bl

e on the open

ma

rke

t;

NOW, THEREFORE, BE IT RESOLVED by the Council o the City of Troy, Ohio,

as fo

ll

ows:

SECTION 1 That the Di rector of

Pu

b

li

c Servi

ce

and Safety of the

Ci

ty of T

roy

Ohio is hereby autho

ri

zed to enter in contracts for the pu rchase of gasoline for

th

e year

2015 on an as needed basis based upon a procedure of receiving bids

on

the open

ma

rk

et, provided

th

at

th

e bids are awarded upon a lowest and best

bid

basis .

SECTION II:

Th

at the Director

o

Public Service and Safety of the City of Troy,

Oh

io

is hereby authorized to enter in

co

ntracts for the purchase of diesel fuel for the year

2015 on an as needed basis based

up

on a procedure of receiving bids

on th

e open

market, provided that the bids are awarded upon a lowest and best bid basis.

SECTION Ill: That

th

is Resolution sha

ll

be effective at the earliest date allowed by

law.

Adopted :

President

o

Council

Approved:


16/63

CITY O TROY

OHIO

R SOLUTION N o . ~ R . . . . . . . . : - s : . . . - - 1 - . . : : : . , ; 2 0 ~ 1 - " - - 4

FINAL RESOLUTION AUTHORIZING THE OHIO DEPARTMENT

OF TRANSPORTATION PROJECT FOR THE RESURFACING ON

SR 55 (FROM NASHVILLE ROAD TO THE BEGINNING OF FOUR

LANES ON SR 55 (FROM FRANKLIN STREET TO STAUNTON

ROAD . AND ON SR 4


17/63

~ t Q / ,

Q f\.\0 ity

of Troy

u ~

MEMORANDUM

TO:

Mrs. Baker, President, Troy City Council

FROM:

Sue Knight, for the Troy Planning Commission

DATE: September

17

2014

SUBJECT:REPORT OF THE PLANNING COMMISSION ON A REZONING APPLICAT

IO

N - INLOT 2176

{PARCEL DOS-022170 , WHICH IS THE ADDRESS OF 1200

S CRAWFORD STREET, FROM THE ZONING OF

M-2, LIGHT INDUSTRIAL DISTRICT, TO THE ZONING OF R-5, SINGLE-FAMILY RESIDENTIAL DISTRICT.

On

September

10

2014, the Troy Planning Commission considered the rezoning of lnlot 2176 (PARCEL D08-

022170), which

is

the address of 1200

S.

Crawford Street, Troy, Ohio, from the zoning of

M-2

Light Industrial

District, to the zoning of

R-5

Single-Family Residential District. The owner of the property

is

Charles Griesemer;

the applicant

is

Jerry Miller.

The Commission

had

received a report of City staff, which was reviewed as part of the meeting discussion. That

report indicates that the owner plans to continue to use the property as a single-family residence. Under the

current M-2 zoning, if something happened to the property that destroyed more than 50 of the property, it could

not be rebuilt for residential use. A copy of the packet provided to the Commission is attached.

The Planning Commission determined not

to

hold a public hearing

on

this rezoning application.

By unanimous vote, the Troy Planning Commission recommends to Troy City Council that the requested rezoning

be approved for lnlot 2176 (PARCEL D08-022170), which

is

the address of 1200 S. Crawford Street, Troy, Ohio,

from the zoning

of

M-2, Light Industrial District, to the zoning of R-5 Single-Family Residential District, based

on

the following findings of staff:

The area has the same zoning

to

the west, north,

and

east as the proposed zoning classification.

The parcel meets the bulk requirements for an R-5 zoned property and fits the use well.

The proposed rezoning

is

consistent with the intent

and

purposes of the City of Troy Zoning Code.

The rezoning would eliminate a non-conforming use.

This request is forwarded herewith

to

Council for consideration.

The Public Hearing before Council has been set for the October 20 meeting of Council.


18/63

TO: Troy Planning Commission

FROM: Planning Staff

DATE: September 10 2014

SUBJECT: Rezoning: 1200 South Crawford Street

OWNER: Charles Griesemer

APPLICANT: Jerry Miller

BACKGROUND:

Jerry Miller, agent for Charles Griesemer, owner o 1200 South Crawford Street, has

applied for Planning Commission to consider allowing the rezoning

o

1200 South

Crawford Street. Currently the property is zoned M-2, Light Industrial District, and the

applicant requests that the zoning

o

the parcel be rezoned to R-5, Single Family

Residential.

The property consists o

.15

acres located on the NE corner o South Crawford Street and

Racer Street. The surrounding zoning districts include R-5, Single-Family Residential to

the north, west and east, and M-

2,

Light Industrial District to the south. A map depicting

the surrounding zoning districts has been attached to this report

DISCUSSION:

The Zoning Code describes the R-5 district

as

designed to accommodate single-family

dwellings on lots with areas o at least six thousand (6,000) square feet per dwelling unit.

This parcel meets the required bulk requirements o the

R-5

zone.

The Comprehensive Plan's Future Land Use (Figure 14-2) shows the surrounding area to

be predominately residential use with light industrial to the south.

In reviewing a rezoning proposal Section 1139.07 outlines the criteria on which

t

base decisions:

A)

Whether the change in classification would be consistent with the intent ndpurpose

of

his Zoning Code

The proposed rezoning is consistent with the Zoning Code, specifically with sections

1131.02(e), and (r). These sections dictate the intent and purpose o the Zoning Code.

Theses sections are listed below:


19/63

B)

Whether the proposed amendment

is

made necessary because o changed or

changing conditions in the area affected and, i so, the nature o such changed or

changing conditions.

The application was not submitted based upon any changing conditions in the area.

C) Whether the uses that would

be

permitted on the property

i

t were reclassified would

be

compatible with the uses permitted

on

other property

in

the immediate vicinity.

The use would be permitted on the existing parcels o land located to the west north and

east

o

the proposed rezoning area.

D)

Whether adequate utility sewer and water facilities and all other needed public

services exist or can be provided to serve the uses that would be permitted on a property

i

t were reclassified.

All utilities are provided.

E)

The

amount

o

vacant land that currently has the same zoning classification as is

proposed for the subject property particularly in the vicinity

o

he subject property and

any special circumstances in any, that make a substantial part

o

such vacant land

unavailable for development.

There is no vacant land in the vicinity o this proposed rezoning.

F) Whether the proposed amendment would correct an error in the application o this

Zoning Code as applied to the subject property.

Not applicable in this request.

PUBLIC HEARING

Due to the straight forward nature o the rezoning request and the fact that City Council is

required to hold a public hearing i the request proceeds on staff does not feel that a

public hearing before the Planning Commission is warranted.

RECOMMENDATION


20/63

o The parcel meets the ulle requirements for an R 5 zoned property and fits the use

well; and

o The proposed rezoning is consistent with the intent and purposes o the City

o

Troy Zoning Code.; and

o The rezoning would eliminate a non conforming use.


21/63


22/63

I HEREBY DEPOSE AND SAY THAT THE ABOVE STATEMENTS AND THE ST

THE EXHIBITS PREPARED BY ME AND TRANSMITTED HEREWITH ARE TRUE

Subscribed and sworn to before

me

this

Q?o h

day

of

~ u s t

My Commission Expires

Nov

1

c:


23/63

DESCRIPTION PPROVED

MI MI COUNTY ENGINEER

Y \:sv OATEfcI{ Zoftf

llllllll l

8 2 7

Tx:4 1183

M I A M I C O U N TY RECORDER

JE S S IC A A LOPEZ

2 0 1 4 0 R 0 6 2 7 1

PRESENTED FOR RECORD

M I A M I C Q U N T Y T R O ~ O H I O

0 6 / 1 1 / 2 0 1 4

1 : 3 2 : 5 6

PM

REFERENCES

0

R E C O R D IN G

FEE

2 8 0 0

P A G E S : 1

GENERAL

WARRANTYDEED

Denver Campbell

and

Susan

Campbell

husband

and

wife

for valuable

consideration paid, grants with general warranty covenants,

to

Charles

G

Griesemer

whose tax-mailing

address is 1200

S. Crawford

St., Troy, Ohio

45373,

the

following

REAL PROPERTY:

Situate in the State of Ohio,

County

of

Miami

and City

of

Troy, to-wit:

Being Inlot Number Two Thousand One Hundred

Severity-six

2176) as shown

on the recorded Plat of

said

City.

Subject

to

all

easements

and

restrictions

o f

record.

Parcel No.: DOS-022170

Grantee

herein assumes and

agrees

to

pay

all taxes and

assessments due

and

payable in July,

2014

and thereafter.

Prior instrument reference: Volume 753,

Page

876 o f

the

Deed Records of Miami

County, Ohio.

Executed this

1

O h

day o f

June

2014.

S TATE OF

O H IO

COUNTY O F

M I M I

SS:

B E IT

R E M E M B ~ R E D

that

on

this

lOth

day of June, 2014, before me, the

subscriber,

a

Notary

Public in and

for said

state,

personally came,

Denver

Campbell and

Susan Campbell, husband and wife, the grantors in

the

foregoing deed, and

acknowledged

the signing thereof to be their voluntary act and

deed.


24/63

August 20 2014

City

o Troy

Planning and Zoning Department

100

S

Market Street

Troy Ohio 45373

Reason for zoning reclassification: Continued use as a single

family residence. The property has a long history

o

use as a

residence.

Charles Griesemer Owner


25/63

@

I.L 2694

ZONED R 5

2D 3

tzq

I N L ~ T 2 5 7

ZONE R

5

/.101

17 I.L. 2186

18

9 I L 2172

20 I L

2173

21 I.L. 2174

22

I.L. 2175

23 I L 2161

24

I.

L.

2160

25 I.L . 2159

26

I.L. 2158

27 I.L. 2157

28

I.L. 2145

29 I.L. 2146

30 I L 2147

31

I.L 2148

L

2149

32

I L 2708

33 I.L. 2694

34 I.L. 2705

35 I L 2706

36 I.L.

2707

37 I L 2163

38

I L

2162

OWNER

DDRESS

1200 S. CRAWFORD STREET. TROY OHIO 45373

12D4 S. CRAWFORD-STREETTROY OHIO 45373

P.

O.

BOX 4369, SIDNEY, OHIO 45365

1301 S. CLAY STREET. TROY. OHIO 45373

P 0 .

BOX

4369, SIDNEY, OHIO 45365

P.O BOX 4369, SIDNEY

OH

IO

4-5365

/to lf

Date

Cozatt Engineering Company

Civil

Engineer

Land Surveyor

534 N

Elm

Street, Suite C Troy Ohio

Job No 11114 Ph. 937) 339-2921

Page 1 o 1


26/63

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58/63

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TALL WEEDS/GRASS

EDGEW TER

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1173 P RKVIEW DR

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20142028

1o

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CITY OF TROY W RD FIVE

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59/63

N/A

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dp

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20142042

10/14/2014

BRUSH LETTER

WESTBROOK

4

1579 SURREY RD

COMPLETED

10-14-14 dp I n i t brush

l e t t e r out

10-14-14, fo l low up

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20142041 10/14/2014 1580

SURREY

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10-14-14 dp I n i t i a l brush l e t t e r out

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10-20-14.

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20142037 10/14/2014

BRUSH

LETTER

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1543 FLEET RD

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.

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20142035

10/14/2014 540 DORSET RD S

BRUSH LETTER

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10-14-14

dp I n i t i a l brush ~ e t t e r 10-14-14, fol low up

10-20-14.

10-20-14 dp Brush

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20142033

10/14/2014

1580 CORNISH

RD


N/A

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10-20-14.

10-20-14 dp Brush

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20142030

10/14/2014 1541

BROOK

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BRUSH

LETTER COMPLETED

BROOK P RK N O R T H

10-14-14

dp

I n i t i a l brush l e t t e r o r t t

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ose

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60/63

10-24-14

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10/14/2014

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20142067

10/17/2014

TALL WEEDS/GRASS

WESTBROOK

4

1453 CHELSEA RD

NO

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10-17-14

dp

Received a compla in t

from the neighbors across the

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10/21/2014 1651

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10-28-14 dp Brush

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BRUSH LETTER

WESTBROOK 5

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10/23/2014

ZONING

PROBLEMS

N/A

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M IN ST W

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11-3-14 .


61/63

20142046 1 o 14 / o14

ZONING PROBLEMS

N/A

CITY OF TROY W RD SIX

VIOLATIONS B Y R E S O N CODE

10 14 2014 TO 10 30 2014

2503 THORNHILL

DR

COMPLETED

10-14-14 sb

Tel

MidFir s t Bank a t 888-MIDFIRST. Talked

to

Naketa

in

the Delinquency

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home

through the back

door

and

it

not

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CARRIAGE CROSSING WAY


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20142060 10/15/2014

BRUSH LETTER

WILLOWCREEK1

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WILLOW CREEK WAY

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10-20-1 .4

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10/15/2014

BRUSH

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KINGS CHAPEL 4

2501 GLASGOW DR

COMPLETED

10-14-14

sb Brush l e t t e r . Follow

up 10-20-14

10-20-14 sb Brush gone. Close.

20142065 10/16/2014

TALL WEEDS/GRASS

N/A

0 STANFIELD

RD

W

COMPLETED

10-20-14 sb

T a l l w e e d s

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Chapel Dr. C e r t i f i e d ,

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card

.

dated

.

l0-22-1.4 .

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Steve

;:Bruns ca

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.

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to

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10/30/2014

11:13:35

AM


62/63

Sun

2

Don t

Forget to

Fall Back

9

6

23

30

ovember

2 14

Mon

3

7:00p m Council

10

17

7:00p m Council

24

Tue

4

11:00 a m Park

Board

Wed

5

a

2

City

Offices

Open

18

25

l l

3:30p.m. BZA

3:30p.m.

Planning

Commission

9

1:00 p m Rec

Board

@Hobart Arena

26

Thu

6

13

20

27

Thanks-

giving

Holiday

City Offices Closed

14

21

28

City

Offices

Closed

Fri

Sat

8

5

22

29


63/63

Documents

November 3 Packet