MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, June 3, 2002, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Beamish, Bretland, Cultice, Saxton and Wise.
Upon motion of Mr. Beamish, seconded by Mr. Wise, Mr. Mercer was excused from this meeting by unanimous roll call vote.

Presiding Officer: William F. Lohrer President of Council

Others Present: David E. Anderson, Director of Public Service & Safety
R. Craig Helmer, Auditor

MINUTES: The Clerk gave a summary of May 20, 2002 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mr. Beamish, seconded by Mrs. Baker, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:
LAW & ORDINANCE. Mrs. Saxton, Chairman, gave the oral report that notice of transfer of existing D5 liquor permit for Tokyo Peking from the address of 1857 W. Main to 3 N. Market Street has been received.

RESOLUTION NO. R-40-02
RESOLUTION APPROVING THE ENTERPRISE ZONE AGREEMENT SUBMITTED BY RAYMATH CO., 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.

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

ORDINANCE NO. O-20-02
ORDINANCE ACCEPTING THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 59.533 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP TO THE CITY OF TROY, OHIO
(note – Holter Annexation)

This Ordinance was given first title reading on 5-6-02.
Given second title reading on 5-20-02.
Given third title reading.

Discussion. Mr. Beamish commented that the issue is annexation, and not zoning.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise.
Yes: Baker, Beamish, Bretland, Saxton, Wise and Cultice.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-21-02
ORDINANCE ACCEPTING THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 260.788 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP TO THE CITY OF TROY, OHIO
(note-WACO Annexation)

This Ordinance was given first title reading on 5-6-02
Given second title reading on 5-20-02.
Given third title reading.





June 3, 2002 Page Two


Discussion.
Mr. Bretland commented: he had sent letters to those who had recently petitioned for annexation, with what he felt were reasonable questions; he did not receive answers from all petitioners; for the first go around for these questions, he was willing to proceed on these two annexations (O-20 & O-21), but assuming it is legal for him to ask the questions, if he does not receive responses from future annexation petitioners, he may not be willing to support those future annexations.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise.
Yes: Beamish, Bretland, Saxton, Wise, Cultice and Baker.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-22-02
ORDINANCE AMENDING SECTION 351.13 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO THE USE OF PUBLIC STREETS AND ALLEYS WITH RESPECT TO THE PARKING OF CERTAIN TYPES OF VEHICLES AND WATERCRAFT

This Ordinance was given first title reading on 5-6-02.
Given second title reading on 5-20-02.
Given third title reading.

Discussion.
Mrs. Baker suggested this Ordinance have a 4th reading in view of information recently received on this issue. Mr. Bretland concurred with that request as he is concerned that, under this Ordinance, he would become a “criminal” when he left his boat parked on the street after unhooking the boat trailer from his truck or that a neighbor could no longer have visitors park a motor home on the street or run a hose from the house to a motor home.

SERVICE/SAFETY DIRECTOR COMMENTS: Mr. Anderson commented that City staff, working with Troy Main Street, is planning to be more involved in the subject of downtown revitalization. He also stated that he was very impressed with the organization and volunteerism involved with the Troy Strawberry Festival.

AUDITOR’S COMMENTS: Mr. Helmer advised that the process of the bond issues to fund the stadium improvements and the City share of the West Milton Waterline construction is going well.

COUNCIL COMMENTS:
.Mr. Bretland stated that he had received a call from a downtown merchant who felt Council needed to hear concerns of some of the merchants about downtown issues they felt not being addressed, and he felt this discussion should be part of the 6-24 Committee session. Mr. Anderson suggested that these issues could best be addressed through the Troy Main Street downtown revitalization committee/efforts. Mr. Beamish commented that he is part of a group that meets regularly with Mayor Jenkins and others on the subject of the downtown.
.Mrs. Saxton, commenting that she is a mentor with the Teen Leadership Program, commented that the participants in that program, in identifying what they liked about Troy, listed the first three in the following order: a vibrant downtown, Mayor Jenkins, and high-quality water.

AUDIENCE COMMENTS:
.Jeff Shelton, 220 Racer, stated he is against the adoption of O-22-02 as he has nine vehicles, limited driveway space, he bought his property based on being able to use the street for parking, and feels offenses can best be handled by response to complaints.
.Bill Hibbard, 351 Vincent Ave., commented he did not support O-22-02 as currently drafted.
.Mike Nash, 745 Bristol Rd., stated O-22-02 does not follow the 14th Amendment of the Constitution; persons who reviewed the Ordinance said without a citation provision, due process indicates there is an automatic 48 hour notice requirement; he is trying to locate the case law regarding the due process requirement; he appreciates those who have talked to him, particularly Chief Phelps; the 72-hour parking provision is sufficient, although people wipe chalk marks off cars; he moved here because he thought he could park his RV in front of his house; relatives are now afraid to visit him; he is concerned about how the “loading and unloading” provisions will be interpreted by different officers; speeding is more of a problem than parking on the street; and the Council meeting time is not correct on the web page.




June 3, 2002 Page Three


.Gary Compton, 1671 North Road, raised concerns of: there needs to be other ways to notify people who are frequently out of town and who do not take the paper as to what Council is considering; the sound wall along I-75 should be removed as the sound was no problem prior the walls; for 15 years he ran a business out of his home, but because of complaints about truck traffic being generated by his business, he now has found another location outside Troy; he feels his neighbor is running an “unlicensed day care” and does not like the traffic; his calls to the Development Director to help find another location for his business have gone unanswered while the City spends funds to travel to solicit business. (Mr. Lohrer said he was aware of complaints about the truck traffic generated by Mr. Compton’s business, and that the sound walls were in response to the citizen requests for the walls.) (Mr. Dando, Development Director, stated that the frequent semi-truck delivery trucks to Mr. Compton’s address prompted complaints and letters from the City that the home occupation must cease.)
.Bill Tegeler, 85 Cricket Lane, suggested that parking issues be addressed on narrow streets that will not support traffic and parking of large vehicles on both sides of the street.
.Harry Richardson, 594 Meadow Lane, stated that the parking issue has been discussed for over 18 months, and if people looked at the wording of O-22-02, they might find they have nothing to be concerned about. He further commented that he understands the Ordinance is to address abuse and safety concerns.

Mrs. Saxton commented that the Director of Law will be asked about “due process” comments; however, the Committee feels that O-22-02 is a fair Ordinance. Mr. Lohrer asked Mr. Nash to provide copies of any case law he has on the parking issue, and commented that he feels Council is listening to all comments.

.Jim Ruef, a partner in Raymath, thanked Council for approval of R-40-02 and presented a “thank you” letter signed by all employees of that company.


There being no further business, the meeting adjourned at 8:05 p.m.




______________/s/______________ __________________/s/______________
President of Council                             Clerk of Council