MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, December 17, 2001, at 7:30 p.m. in Council Chambers.
Members Present: Baker, Beamish, Bretland, Douglas, Howe, Mercer and Saxton.

Presiding Officer: William F. Lohrer, President of Council

Others Present: Peter E. Jenkins , Mayor
N. Lawrence Wolke, Director of Public Service & Safety
W. McGregor Dixon, Jr., Director of Law
R. Craig Helmer, Auditor

INVOCATION: An invocation was given by Rev. Carla Cunningham, St. Johns United Church of Christ.

PUBLIC HEARING: At 7:33 p.m. Mr. Lohrer declared open a public hearing on O-13-01.
-Frank Jakubek, 1715 Edgewood, stated he lived adjacent to the 23 acres proposed for rezoning, where there are plans for 180 apartment units with one roadway for ingress/egress and he feels this is a great imposition.
-Pam Tomkins, 805 Westwood, commented that the neighbors have stated that their concerns with what could be developed with the rezoning are: traffic and safety, what will happen to existing apartments, and impact on schools; and the City has only offered a 50' buffer, which does not respond to the concerns. She further commented that no explanation has been provided regarding benefits of the rezoning to the City.
There being no further comments, at 7:37 p.m. Mr. Lohrer declared this public hearing closed.

The Clerk gave a summary of the December 3, 2001, minutes of Council. There being no corrections or additions, upon motion of Mr. Howe, seconded by Mr. Beamish, these minutes were approved by unanimous roll call vote.

FINANCE COMMITTEE: Mr. Beamish, Chairman, reported that Committee recommends emergency legislation be prepared authorizing the City to use proposed proceeds from the demutualization process from Anthem, the City's health insurance carrier, to help offset some of the employee contribution for health insurance for 2002 changing the employee contribution per pay for a single plan from $16.83 to $8.41 and for a family plan from $50.21to $27.60.
(copy of entire report attached to original minutes)
Report signed by Douglas, Mercer and Beamish.

LAW & ORDINANCE COMMITTEE: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared approving Enterprise Zone Agreement #23 with Faurecia Exhaust Systems, Inc for a $5.5 Million investment on new construction, machinery and inventory retaining 212 jobs and adding 20 new jobs over the next 20 years. 2) Committee recommends legislation be prepared amending parking ordinances to address large size vehicles parking on public right-of-way by prohibiting a vehicle with an overall length greater than 22' on public right-of-way between 9 p.m. and 7 a.m.
Reports signed by Mercer, Saxton and Douglas.
Mr. Douglas commented that after issuing the report on the vehicle parking, comments were received from the Police Chief that has caused him to suggest the legislation be postponed indefinitely and that the issue be looked at by the incoming Law & Ordinance Committee.

COMMITTEE OF THE WHOLE. Mrs. Saxton reported that Council met as a Committee of the Whole and recommends legislation be prepared as an emergency measure to change Council meeting times to 7:00 p.m. effective in January 2002.
Report signed by Baker, Beamish, Bretland, Douglas, Howe, Mercer and Saxton.

PERSONNEL COMMITTEE: Mrs. Saxton, Chairman, gave an oral report that the Committee had met prior to Council meeting regarding appointments for which Mayor Jenkins has requested approval and for which the Committee recommended be approved by Council.
-A motion was made by Mrs. Saxton, seconded by Mr. Mercer, and adopted by unanimous roll call vote, to approve the following appointments to the Miami County Board of Health:
Joyce Fraas, new appointment, to fill unexpired term of Shirley Davies (deceased) from this date to 3-31-05.
Frank Bazler, re-appointment, for term of 3-31-02 to 3-31-07.
-A motion was made by Mrs. Saxton, seconded by Mrs. Baker, and adopted by unanimous roll call vote, to approve the following re-appointments to the Board of Zoning Appeals for terms of 1-1-02 to 12-31-07: Patricia Chavis, Virginia Bazler and Robert Cornell.



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RESOLUTION NO. R-59-01
RESOLUTION APPROVING THE ENTERPRISE ZONE AGREEMENT SUBMITTED BY FAURECIA EXHAUST SYSTEMS, INC. AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO EXECUTE THE ENTERPRISE ZONE AGREEMENT AND RELATED DOCUMENTS

This Resolution was given first title reading.

Discussion: Mr. Bretland commented that usually enterprise zone agreements are approved when it is rather definite that a company is committed to Troy; however, in this case, the approval of the enterprise zone agreement is a case of "if" Faurecia will come to Troy, and he hopes the company commits to an expansion in Troy.

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Mercer, Baker, Bretland, Howe, Douglas, Saxton and Beamish.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Baker, Bretland, Howe, Douglas, Saxton, Beamish and Mercer.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-60-01
RESOLUTION AUTHORIZING THE PAYMENT OF A PORTION OF HEALTH INSURANCE PREMIUMS FOR CITY EMPLOYEES AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Bretland, Howe, Douglas, Saxton, Beamish, Mercer and Baker.
No: None.
Mr. Howe moved for adoption. Motion seconded by Mr. Beamish.
Yes: Howe, Douglas, Saxton, Beamish, Mercer, Baker and Bretland.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-13-01
ORDINANCE CHANGING ZONING FOR A 23.383 ACRE PARCEL LOCATED IN CONCORD TOWNSHIP IN THE CITY OF TROY, OHIO, FROM OC-1, OFFICE COMMERCIAL DISTRICT, TO R-7, MULTIPLE DWELLING DISTRICT
This Ordinance was given first title reading on 6-4-01.
Given public hearing and second title reading on 6-18-01.
Given third title reading on 7-2-01.
Given fourth title reading on 7-16-01.
(While a vote for adoption was called on 7-16-01 [with a tie vote by 6 members present broken by a yea vote by the Council President] with the legislation presumed adopted, a referendum petition was later filed. As the exhibit as not part of the Ordinance when the vote was taken, the Director of Law ruled that the vote was not valid and the Ordinance should now continue to be read and voted on after another public hearing was conducted.)
Given fifth title reading on 11-5-01.
Given sixth title reading on 11-19-01.
Given seventh title reading on 12-3-01.
Given public hearing and eighth title reading.

Discussion: Mr. Douglas noted that the applicant had asked that this Ordinance not be voted on at this meeting. Mr. Howe commented that if zoning is the issue, and not the proposed apartments, he saw no reason to delay. Mr. Lohrer suggested that it would be appropriate to delay action if requested by the applicant and that he would like to see the further comments of the applicant on this rezoning.

ORDINANCE NO. O-39-01
AN ORDINANCE AMENDING SECTION 111.01 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO COUNCIL MEETING TIME AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.
12-17-01 page three

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer
Yes: Douglas, Saxton, Beamish, Mercer, Baker, Bretland and Howe.
No: None.
Mr. Howe moved for adoption. Motion seconded by Mrs. Baker.
Yes: Saxton, Beamish, Mercer, Baker, Bretland, Howe and Douglas.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-40-01
ORDINANCE APPROPRIATING FUNDS NECESSARY FOR THE FIRST PART OF YEAR 2002 AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Beamish, Mercer, Baker, Bretland, Howe, Douglas and Saxton.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer.
Yes: Mercer, Baker, Bretland, Howe, Douglas, Saxton and Beamish.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-41-01
ORDINANCE AMENDING ORDINANCE NO. 0-3-01, APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2001 AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland.
Yes: Baker, Bretland, Howe, Douglas, Saxton, Beamish and Mercer.
No: None.
Mr. Howe moved for adoption. Motion seconded by Mr. Beamish.
Yes: Bretland, Howe, Douglas, Saxton, Beamish, Mercer and Baker.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-42-01
ORDINANCE ENACTING SECTION 351.15 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO, RELATED TO THE USE OF PUBLIC RIGHT OF WAY WITH RESPECT TO THE PARKING OF CERTAIN TYPES OF VEHICLES

This Ordinance was given first title reading.

Mr. Douglas moved to postpone indefinitely Ordinance No. O-42-01. Motion seconded by Mr. Howe.
Yes: Howe, Douglas, Saxton, Beamish, Mercer, Baker and Bretland.
No: None. MOTION PASSED - ORDINANCE POSTPONED INDEFINITELY

COMMENTS OF MAYOR: Mayor Jenkins commented that during 2001 he attended 80 grand openings. The Mayor presented plaques to outgoing Council members Douglas and Howe.

COUNCIL COMMENTS:
. Mrs. Baker noted that some drivers are still going the wrong way on new one way streets and suggested this be monitored.
. Members of Council expressed their appreciation for the work and service of Councilmembers Douglas and Howe.
. Mr. Howe commented that it had been an honor and privilege to serve the City as a member of Council and that overall he enjoyed the experience, finding it educational, but frustrating at times.
. Mr. Douglas commented that he enjoyed his four years on Council, that he was grateful for the experience, and, as he found the experience to be so positive, he looked forward to public service again at some time in the future.




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AUDIENCE COMMENTS:
. Steve Schmitz, representing the Troy Firefighters, thanked Council for the action contained in R-60-01 and commented he felt the action particularly will benefit some of the clerical staff who might have seen more of their salary increases go toward the employee health insurance contribution.
. Brian Imhoff, Plant Manager of Faurecia Exhaust Systems, Inc., thanked Council for approval of the enterprise zone application (R-59-01) and stated he hopes the incentives the enterprise zone provides will bring the project to Troy.
. Steve Emmel, 1239 McGovern, expressed concern about possible regulations for parking on public right-of-way. Mr. Lohrer explained that the legislation that had been before Council (O-42-01) had been postponed indefinitely, and Mr. Emmel might like to forward his concerns to Mrs. Saxton, who would chair the new Law & Ordinance Committee.



There being no further comments, Council adjourned at 8:32 p.m.




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President of Council                                     Clerk of Council