| December 2, 2002 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 2, 2002, at 7:00 p.m. in Council Chambers. Members Present: Cultice, Baker, Saxton, Beamish, Wise, Mercer, and Bretland. Presiding Officer: William F. Lohrer, President of Council Others Present: Peter E. Jenkins, Mayor David E. Anderson, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor An invocation was given by Council member Beamish. MINUTES: The Clerk gave a summary of the November 18, 2002 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Saxton, seconded by Mr. Beamish, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mrs. Baker. Chairman, reported that Committee recommends that the emergency consent legislation provided by the Ohio Department of Transportation (ODOT) for that agency to plan to mill and pave SR 41 from Plum Street to the I-75 approach during late summer 2003, with the State funding 80% of the project cost. Report signed by Bretland, Cultice and Baker. FINANCE: Mr. Beamish, Chairman, gave the oral report that Committee continues to meet on the 2003 budget, with O-49-02, the first quarter appropriation Ordinance, being part of the budget process. LAW & ORDINANCE. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared amending Enterprise Zone Agreement Numbers 6, 12 and 17 with AMEC to clarify definitions within the agreements to be consistent with the City's understanding of such agreements. 2) Committee recommends legislation be prepared approving the vacation of a storm detention easement that is only a record on paper in the Troy Towne Park area as such easement is not necessary with the proposed apartment construction. Reports signed by Beamish, Mercer and Saxton. RESOLUTION NO. R-86-02 RESOLUTION AMENDING ENTERPRISE ZONE AGREEMENTS WITH MATSUSHITA ELECTRIC CORPORATION OF AMERICA FOR THE PURPOSES OF CLARIFYING DESCRIPTIONS OF THE OBLIGATIONS AND INVESTMENTS AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO EXECUTE THE AMENDMENT AND RELATED DOCUMENTS This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Mercer, Wise, Baker, Bretland, Beamish, Cultice and Saxton. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Beamish. Yes: Wise, Baker, Bretland, Beamish, Cultice, Saxton and Mercer. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-43-02 ORDINANCE RECONFIRMING THE POLICY OF THE CITY OF TROY, OHIO REGARDING THE INVESTMENT FUND FOR CAPITAL IMPROVEMENT This Ordinance was given first reading in entirety on 11-4-02. Given second reading in entirety on 11-18-02. Given third reading in entirety. Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish. Yes: Baker, Bretland, Beamish, Cultice, Saxton, Mercer and Wise. No: None. ORDINANCE ADOPTED 12-2-02 Page Two ORDINANCE NO. O-49-02 ORDINANCE APPROPRIATING FUNDS NECESSARY FOR THE FIRST PART OF YEAR 2003 AND DECLARING AN EMERGENCY This Ordinance was given first title reading Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Bretland, Beamish, Cultice, Saxton, Mercer, Wise and Baker. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Cultice. Yes: Beamish, Cultice, Saxton, Mercer, Wise, Baker and Bretland. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-50-02 ORDINANCE VACATING A STORM DETENTION EASEMENT IN THE CITY OF TROY, OHIO This Ordinance was given first title reading Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Cultice, Saxton, Mercer, Wise, Baker, Bretland and Beamish. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Baker. Yes: Saxton, Mercer, Wise, Baker, Bretland, Beamish and Cultice. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-51-02 AN ORDINANCE AUTHORIZING COOPERATION AND CONSENT TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR STATE ROUTE 41 AND DECLARING AN EMERGENCY This Ordinance was given first title reading Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Mercer, Wise, Baker, Bretland, Beamish, Cultice and Saxton. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Bretland. Yes: Wise, Baker, Bretland, Beamish, Cultice, Saxton and Mercer. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: Mayor Jenkins commented as follows: 1) Thanked everyone who worked on the holiday tree lighting ceremony. 2) Participated in the celebration at Gilardi Foods in honor of 1,000,000 work hours without a loss time accident. COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Anderson commented as follows: 1) Troy was featured in a national article by Chamber of Council President Charles Cochran regarding the rewards of Troy's economic development efforts. 2) On 12-7-02, an excess structure at Duke Park will be burned by the Fire Department as a training exercise. AUDIENCE COMMENTS: Several citizens were present to comment regarding news reports that Total Xposure (aka Total X), a nude dancing establishment, was advertising "live" sex acts on the internet from the business' location in Troy. Comments were as follows: -Rose Tunney, 1645 Washington Rd., asked why the new sound walls were not placed in front of this business, which is located adjacent to the interstate. Mr. Anderson advised that walls adjacent to businesses are placed at the request of the owner and, if the owner of Total X did not request the walls, there is no mechanism for the City to request sound walls be placed adjacent to a business. -Jack Carter, 995 S. Dorset Road, commented he was outraged regarding the revelation that sex acts are being beamed across the internet from Troy and asked what Council plans to do to address the situation, and what is status of a law suit where there was an order that the business close. Mr. Dixon stated that a State Court ordered the business closed, the owner appealed to the Federal Court, the Federal Court ruled the City's zoning ordinance to be unconstitutional and that the business could operate. Mr. Lohrer commented that he feels all of Council finds the 12-2-02 Page Three supposed situation appalling, but Council's options are quite limited as the situation is a legal, and not legislative, matter. Mr. Carter commented that if obscenity is taking place and is not permitted by any current law, he would like to see Council take action. -Brad Boehringer, 105 Crestwood, noting that the Declaration of Independence provides for the pursuit of happiness for all citizens, commented that the owners of the business have a right to operate a business, that many comments have to do with perception and he suggested Council not legislate by opinions, but look at situations from different sides of the issue. He suggested it would be better to pass an Ordinance against the sale of adult videos. -Mayor Jenkins commented that he strongly opposes the Total X establishment; that the owner has moved the operation ahead inch by inch; unfortunately it seems the business is operating legally; the City and Council have taken all the legal steps possible to halt of stop the business; the owners lied to the City from the beginning with an application for a permit for a "teen night club"; and he hopes the opposition of citizens will work toward stopping the business. The Mayor also commented that he understands most of the patrons reside outside the County. -Rev. Richard Pierce, 410 Michigan Ave., pastor of the Courts of Praise Church, commented that he will commit to whatever can be done to establish high moral standards for the community, and will pray for the leadership of the community. -Richard Pierce, 410 Michigan Avenue, stated he was present to represent the younger people of the community and that the younger population does not appreciate the activities of the Total X business. -Rev. James Hughes, 2462 Peters Road, commented that he supports the eradication of pornography from the community, and that this can be accomplished by establishing what the majority of the community defines as pandering obscenity. -Ralph Garber, Covington, Ohio, commented that he feels Miami County is a conservative County and what Troy does affects the entire County. Mr. Dixon, Director of Law, commented that the City is investigating the matter and if the alleged activities are actually taking place, the City will take legal action that may be available to the City. There being no further business, the meeting adjourned at 8:13 p.m. ______________/s/__________________ __________________/s/__________________ President of Council Clerk of Council |