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Troy city board seeks unanimity agreement from subdivision

Posted on Monday, March 4, 2013 at 8:18 am

Discussion on many issues highlight action by Troy Board of Alderman at their February meeting.

John and Kim Silverberg requested to hold The Chicken Run 5K Run/Walk along City streets beginning/ending at Academy Too West, 80 Main St. The event is a fundraiser for Calvary Orphan Outreach Ministry which helps orphans in Uganda. Last year’s event drew 200 people. This was approved.

Gina Pralle, realtor for Elm Tree Estates and Terry Boling of Peoples Bank spoke to the board on behalf of the bank and builders. They passed out a handout requesting the board to amend or remove #6 of the Developer Annexation Agreement dated 2004 requiring that all “structures on owner’s property shall be inspected by the city as though the property were within the city limits.” Vince Skaggs was also present in audience. Elm Tree Estates is a 100 lot development with 70 homes completed but not one home inspected per agreement and Ms. Pralle asked to continue without inspection process. Alderman Ron Sconce stated that the city is bound to the agreement and any change would have to come by all property owners to amend, modify or do away with agreement. Attorney Jesse Granneman stated that 100 percent of the legal lot owners would need to agree on a proposal to bring to the board for consideration. Due to the legal binding agreement, city inspections need to take place but will happen on bare ground and not half-completed homes. Skaggs complained of not receiving notice. It was pointed out that a title report would have shown the annexation agreement on record that binds the property; also whoever sold the property should have provided notification as per the agreement. Mary Robley, 66 Bob White Lane, asked why not a ‘grandfathered’ situation since no inspections have happened for nine years. Mayor Mark Cross responded that since agreement is now known, the city must abide. Randy Pietzman, 699 Mennemeyer Road, asked if any proposal brought to the board would have a chance; Alderman Sconce replied that it would be considered in the best interests of the people. Alderman Janet Bass stated that the consent statements from property owners need to be notarized. Nathan Abshire, 91 Hollyhock stated that if there is a conflict as set out in Paragraph eight of the agreement between city and county ordinances than county trumps over City. City Attorney Granneman refuted saying that if city’s ordinance is more stringent than county than city’s is in effect.

John Choinka, HR Green, introduced and discussed MS4 compliance permitting which includes public awareness, participation and education of program to develop stormwater plan. A public hearing is scheduled on March 18, 2013 and by then a committee should be formed of citizens and staff with a list of measurable goals for stormwater management involving a renewable permitting process of every five years.

Richard Mennemeyer spoke on behalf of Marvin Mennemeyer requesting de-annexation of 77 acres on Mennemeyer Road not knowing until recent purchase that the parcel had been annexed into the city. Alderman Anderson made a motion, seconded by Alderman Sconce to table the request until the March 18, 2013 regular board meeting.

Debate continues on pending changes to the park ordinance. Heather Graham, 201 Millridge Drive, Moscow Mill, on behalf of the Troy Community Concert Band, gave the board an outline of concerns regarding the proposed park ordinance. The proposed ordinance gives no provisions for exceptions on the outlined concerns, i.e., park hours encumbering 5K races start times and Movies in the Park ending times; no inflatables which prevents the movie screen from being allowed; parking vehicles on green spaces in near pavilion for loading/unloading equipment; police involvement/help during 5K races not allowing event to take place; the sale of CD’s, 50/50 raffles and 5K entry fees not allowed; fee for using pavilions for community concerts which have historically been waived. Alderman Eversmeyer said if exceptions such as sales in the parks were allowed for one group then would have to allow anyone to sell anything. Alderman Walker asked where the city would draw the line, yes to one or no to another. Alderman Sconce asked about legalities on use of public park for private events. Discussion continued between items donated for 5K Race versus cash received for registration and if there is a distinction between them. Alderman Anderson said there may need to be clarification on inflatables to allow for movie screens in the park. Special event requests are advised for required added security, scheduling park activities with other organizations; extra trash barrels and extra staff required. Alderman Eversmeyer said the ordinance was written for all and not specific to one group and special event requests may be accommodated with special permission if agreed to by the board. Alderman Anderson said the city cannot waive the pavilion fee but instead direct your organization to groups that could sponsor a fee such as the Troy Convention and Visitors Bureau.

Alderman Detert asked Kerry Klump why Project Royal Taylor wasn’t going to happen; Klump responded that the building specifications didn’t work. Alderman Detert also asked for specifics on development options at the South Lincoln Drive overpass area but Klump was unable to share information at this time.

Alderman Sconce made a motion, seconded by Alderman Eversmeyer to approve purchase of Sludge Tanker Truck for Sewer Department.

Alderman Detert did not see report on utility billing bad debt write-off. Treasurer Flinn had the information in Treasurer’s report and explained that this amount is still collectable but just in write-off status on utility reports.

City Clerk Schneider opened and read the only sealed bid to operate concession stand for 2013 season which was received by Elite Booster Club. The Elite Booster Club supporting Aim High Elite will return to the City 13 percent of the gross sales.

*Approved Home Occupation Permit/Business License of Modern Tactical Solution, L.L.C.

Building Commissioner Lindsey explained that Planning & Zoning Commission wanted home occupation permit letter requirement (sent to neighbors) to be more detailed giving more information on the type of business and products sold. Alderman Sconce believes the burden would be on surrounding property owners to contact the business owner, City or attend the meeting and make inquiry. Aldermen Anderson and Detert believe the duty falls on business owner to disclose more information. Alderman Bass stated that neighboring homeowners of petitioning home occupation business have recourse to protest at P&Z meeting. Alderman Sconce made a motion, seconded by Alderman Detert to leave Section 405.200 Home Occupation Regulations without modifications.