July 9 Committee Mtgs.

8/12/2019 July 9 Committee Mtgs.

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LttQ' ,Q (\\Q City of Troyu ~TROY CITY COUNCIL

COMMITTEE MEETING NOTICECOUNCIL CHAMBERS, CITY HALL100 S. MARKET STREET, TROY, OHIORevised to add Committee Meetings prior to and following Committee of the WholeWEDNESDAY JULY 9 20145:30PM:Safety Health Committee Oda [Chm.], Clark, Heath)

1. Provide a recommendation to Council regarding amending Ordinance sections related toconcealed carry. Consideration of emergency legislation is requested .

6:00PM:COUNCIL AS A COMMITTEE OF THE WHOLE Chaired by Council President Baker)

1. Review and discussion of the Riverfront Development Project; provide a recommendationregarding proceeding with the project.

FOLLOWING COMMITTEE OF THE WHOLE:

Community Economic Development Committee Twiss [Chm .], Kendall, Schweser)1. Provide a recommendation to Council regarding authorizing Ordinance No. 0-20-2014, rezoning

of OL 43 (612 S. Market Street) from R-5, Single-Family Residential District, to OR-1, OfficeResidential District.7-8-2014cc: Council

MayorMr. TitteringtonMr. LivingstonMr. StickelDepartment HeadsChamber of CommerceGovernment ClassBoard of EducationMedia


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S FETY HE LTHCOMMITTEE


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felcr iion-

TO:FROM:DATE:

MEMORANDUMMrs. Baker, President of ~ i lPatrick E. J. Titterington ~July 8, 2014

Patrick E J Titterington

Troy, Ohio 45373www troyohio govphone: {937 335-1725fax : {937 339 -8601patrick. itter ington @troyohio gov

SUBJECT ORDINANCE AMENDMENTS RELATED T CONCEALED CARRY

RECOMMENDATIONThat Council amend Ordinance sections related to concealed carry.BACKGROUNDAttached is a communication from the Director of Law recommending amendments to Ordinance Sections 933.17,935.11 and 1151 .12 5), to parallel the Ohio Revised Code related to carrying firearms in public open areas andrestrooms, shelters and rest areas in the parks and playgrounds and in the cemeteries.As indicated by Mr. Livingston, we would request that the legislation be presented as an emergency measure.REQUESTED ACTIONIt would be appreciated if you would assign to a Committee of Council considering amending Ordinances asrecommended by the Director of Law, with consideration of emergency legislation.

Encl.


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~ t Q / ,Qb\ City of Troy~ Grant D. Kerber, First Assistant. _.. . Lenee M. Brosh, Chief Prosecutor....... Andrew H. Johnston, Prosecutor

To: Patrick Titterington, Service and Safety DirectorFrom: Jim Livingston, Law DirectorDate: July 8 2014Re: need to amend firearm ordinances

ames R ivingstonI -

215 West Water StreetP.O. Box 310

Troy, Ohio 45373www troyohio gov

phone: 937-335-7327jim .livingston @troyohio gov

The Ohio legislature has adopted state statutes [ORC 9.68, 2923.126(B)(9),2923.1212(A)((9)], complementing its concealed carry laws, that a municipality mayexclude firearms on city property only from municipal buildings that are not usedprimarily as a shelter, restroom, parking facility for motor vehicles, or rest facility , andonly then if it has posted signs on the building giving notice of that prohibition againstcarrying firearms therein.The Ohio Supreme Court [ Citizens for Concealed Carry v Clyde 120 Ohio St 3d96 (Ohio 2008)] has held that a city may not, under authority of its home rule powers ,adopt an ordinance to preclude firearms from municipal property except as permitted bythe Ohio revised code. t further held that municipal ordinances that conflict with thoseORC statutes that purport to preclude possession of firearms from city parks areunconstitutional as conflicting with the general law of Ohio.The open areas of the park, playgrounds and other such areas of municipalfacilities are not buildings, and thus under Ohio law, we cannot bar firearms from suchareas, just like we cannot bar firearms from restrooms, shelters and rest areas, whichalthough they may be buildings, are areas in which the Revised Code permits firearms.We can however, prohibit a person from discharging firearms in all of those areas.Additionally, ORC 9.68(B) provides for the award of costs and attorney fees toanyone who successfully challenges an ordinance limiting the right to carry firearms thatconflicts with the state law.Troy has on its books ordinances that limit firearms in the parks and playgroundscontrolled and the responsibility of the Board of Park Commissioners and in ourcemeteries. We have not been enforcing those ordinances since the Supreme Courtdecision in Citizens for Concealed Carry v Clyde and no one has been charged withcarrying a firearm in those places since then. In addition we have taken down all noticesthat were not authorized by the ORC. However despite those actions since theSupreme Court case, we have been requested (under threat of suit if we do not comply)by a citizen to revise our ordinances and to put up the proper signs in the parks andplaygrounds controlled and the responsibility of the Board of Park Commissioners and


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in our cemeteries to comply with Ohio's gun friendly laws under the Ohio RevisedCode.n particular he has complained that Codified Ordinances 933.17, 935.11 and

1151.12(5), although not being enforced, are nevertheless in conflict with Ohio law. Iagree that we should amend those ordinances to remove the prohibitions from carryingfirearms from those open areas and restrooms, shelters and rest areas in the parks andplaygrounds controlled and the responsibility o the Board o Park Commissioners andin our cemeteries. I would not repeal the ordinances altogether, but just removereference to firearms being prohibited.The revised code provides the language for the statutory notice signs for allmunicipal buildings except restrooms, shelters and rest areas and once theordinances are amended, then you as Service and Safety Director can post the signswith the language to give notice as to what is prohibited in the areas covered by theamended ordinances, without further Council action.

I have attached copies o the Ohio Revised Code 9.68, 2923.126(B)(9),2923.1212(A)((9), and 933.17, 935.11 and 1151.12(5),of the codified ordinances andmy suggested language for them after amendment.Because o citizen's threatened lawsuit, I would recommend that if approved bythe appropriate committee, the amending ordinance be an emergency ordinance.


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ORC 9 68 Right to bear rms challenge to law(A) The individual right to keep and bear arms, being a fundamental individual right thatpredates the United States Constitution and Ohio Constitution, and being a consti tutionallyprotected right in every part of Ohio, the general assembly finds the need to provide uniformlaws throughout the state regulating the ownership, possession, purchase, other acquisition,transport, storage, carrying, sale, or other transfer of firearms, their components, and theirammunition. Except as specifically provided by the United States Constitution, OhioConstitution, state law, or federal law, a person, without further license, permission, restriction,delay, or process, m y own, possess, purchase, sell, transfer, transport, store, or kee anyfirearm, 2art of a firearm, its comn onents, and its ammunition.(B) In addition to any other relief provided, the court shall award costs and reasonable attorneyfees to any person, group, or entity that prevails in a challenge to an ordinance, rule, orregulation as being in conflict with this section.

(C) As used in this section:(1) The :QOssession trans orting, or carrying of firearms, their components, or their ammunitioninclude, but are not limited to, the possession, transporting, or carrying, o enly or concealed on a

erson's erson or concealed ready at hand, of firearms, their components, or their ammunition.(2) Firearm has the same meaning as in section 2923.11 of the Revised Code.


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OR 2923.126 (B) A valid concealed handgun license does not authorize the licensee to carrya concealed handgun in any manner prohibited under division (B) of section 2923.12 of theRevised Code or in any manner prohibited under section 2923.16 of the Revised Code. A validlicense does not authorize the licensee to carry a concealed handgun in to any of the following

laces:(1) A police station, sheriffs office, or state highway patrol station, premises controlled by thebureau of criminal identification and investigation, a state correctional institution, jail,workhouse, or other detention facility, an airport passenger terminal, or an institution that ismaintained, operated, managed, and governed pursuant to division (A) of section 5119.14 of theRevised Code or division A) l) of section 5123.03 of the Revised Code;(2) A school safety zone if the licensee s carrying the concealed handgun is in violation ofsection 2923.122 of the Revised Code;(3) A courthouse or another building or structure in which a courtroom is located, in violation ofsection 2923.123 of the Revised Code;(4) Any premises or open air arena for which aD permit has been issued under Chapter 4303. ofthe Revised Code if the licensee s carrying the concealed handgun is in violation of section2923.121 of the Revised Code;(5) Any premises owned or leased by any public or private college, university, or otherinstitution of higher education, unless the handgun is in a locked motor vehicle or the licensee isin the immediate process of placing the handgun in a locked motor vehicle;(6) Any church, synagogue, mosque, or other place of worship, unless the church, synagogue,mosque, or other place of worship posts or permits otherwise;(7) A child day-care center, a type A family day-care home, or a type B family day-care home,except that this division does not prohibit a licensee who resides in a type A family day-carehome or a type B family day-care home from carrying a concealed handgun at any time in anypart of the home that is not dedicated or used for day-care purposes, or from carrying a concealedhandgun in a part of the home that is dedicated or used for day-care purposes at any time duringwhich no children, other than children of that licensee, are in the home;(8) n aircraft that is in, or intended for operation in, foreign air transportation, interstate airtransportation, intrastate air transportation, or the transportation of mail by aircraft;

of this state or a political subdivision of this stateand that is not a build ing that is as a shelter, restroom arking facility for motorvehicles, or rest facility and is not a courthouse or other building or structure in which acourtroom is located that is subject to division (B)(3) of this section;


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Here are the Troy ordinances in question :933.17 FIREARMS.

No person except police officers or other law enforcement officers shall carry firearms ofany descri tion or an air rifle, bow and arrow, sling shot or missile throwing device withinthe park or any playground or discharge any firearm, fireworks or explosive substances or airrifle.935.11 GENERAL REGULATIONS.

(a) No person shall discharge any firearm or have QOssession of any firearm within thecemetery grounds, except in case ofmilitary funerals and on Memorial Day, without thewritten permission of the Superintendent of Cemeteries.1151.12 SNOWMOBILE, OFF-ROAD MOTORCYCLE, AND ALL PURPOSE

VEHICLES ATV FOUR-WHEELER).(a) The applicable provisions of this traffic code shall be applied to the operation ofsnowmobiles, off-road motorcycles, and all-purpose vehicles, except that no snowmobile,

off-road motorcycle, or all- purpose vehicle shall be operated as follows:(5) While transporting any firearm, bow or other im lement for hunting that isnot unloaded and securely encased.

_ = :::- - - - - . - - - - - - - - - - - - / ,- -- -

933.17 WEAPONS.No person except police officers or other law enforcement officers shall carry an air rifle,bow and arrow, sling shot or missile throwing device or discharge any firearm, fireworks orexplosive substances or air rifle within the parks, playgrounds and other areas within thecontrol and responsibility of the Board ofPark Commissioners

935.11 GENERAL REGULATIONS.(a) No person shall discharge any firearm within the cemetery grounds, except in case

ofmilitary funerals and on Memorial Day, without the written permission of theSuperintendent ofCemeteries.1151.12 SNOWMOBILE, OFF-ROAD MOTORCYCLE, AND ALL PURPOSE

VEHICLES ATV FOUR-WHEELER).(a) The applicable provisions of this traffic code shall be applied to the operation ofsnowmobiles, off-road motorcycles, and all-purpose vehicles, except that no snowmobile,off-road motorcycle, or all- purpose vehicle shall be operated as follows:


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COMMUNITYE ONOMI DEVELOPMENT

OMMITTEE


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1st rdpub h r2nd rd CITY OF TROY OHIO

ORD Nfi1NCE o 20 2014o : y l t ~ n ~ l a ~ l . . lnt . - .:c .- .. : :.: .::c :c..:: . : . : . =-= = =: c . ...:c= . _ := ::::: - . - -- -- -

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ORDINANCE CHANGING THE ZONING OF PART OFOUTLOT 43 (PARCEL NO. 008-090640) IN THE CITY OFTROY, OHIO FROM R-5, SINGLE-FAMILY RESIDENTIALDISTRICT TO OR-1, OFFICE RESIDENTIAL DISTRICT

WHEREAS, a request for zoning change was presented to the PlanningCommission of the City of Troy, Ohio, to rezone part of Outlot 43 (Parcel No. 008-090640) in the City of Troy, and

WHEREAS, the Planning Commission of the City of Troy, Ohio, has reviewedthe plan and recommended approval, and

WHEREAS, at least thirty days notice of the public hearing of said change hasbeen provided in a newspaper of general circulation,

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Troy, Ohioas follows:

SECTION 1: That the zoning of part of Outlot 43 (Parcel No. 008-090640) bechanged from R-5 Single-Family Residential District to OR-1, Office Residential District.

SECTiON II: That this Ordinance shall be effective at the earliest date allowed bylaw:

Adopted:__________ President of Council

Approved:_________

Attest :Clerk of Council Mayor

1

II

;- - - - - -- - ------ -- - - ---- - - - - __ _____ _ _ _ _ _ _ ____ __ _ __ _ _..-/


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TO: Mrs. Baker, President, Troy i ~ y CouncilFROM: Sue Knight, for the Troy Planning CommissionDATE: June 1 2 14

SUWIECT: R Ef:llRi Of iiHifE ? l M I M 9 ~ G C O ~ ~ S $ B ( Q ) I f A 01 \t A f R E . l O ~ H I N I G t \ P ~ I L O C ~ T O < O ~ FlrtOrui ~ @ v $8 N IGILIE-IF lV IRESBDEfi\JJTUPL DUST OCT, TO OJ[R il, OffB


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In rlfvirewmg a I r t e ~ o m n g p r o p o ~ l i ~ t i m m 1139.07 o1llltllfume the t i r i i i r i ~ on w l h l J i ~ J b tobae d e c i i o n ~ ~A) Whether the change in classification would be consistent with the intent nd purposeof his Zoning Code.

The proposed rezoning is consistent wit the Zoning Code, specifically wit sections1131.02(e),(q), and (r). These sections dictate the intent and purpose of the Zoning Code.Theses sections are listed below:

1131. 02(e) To separate incompatible land uses and to cluster compatible andmutually supportive land uses .

;;> 1131.02(q) To promote the economic vitality of business and industry .1131.02(r) To direct particular land uses to the parcels of land best suited forthem ..The rezoning is consistent with the above listed intentions of the Zoning Code. Thecommercial/residential use of the property fits well wit the current uses that exist in thearea.B) Whether the proposed amendment is made necessary because o ch nged or

changing conditions in the area affected, and, i so, the nature o such ch nged orchanging conditions.The application was not submitted based upon any changing conditions in the area.C) Whether the uses th t 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 of land located to the south and eastof the proposed rezoning area.D) Whether adequate utility, sewer, nd water facilities, nd all other needed public

services exist or can be provided to serve the uses that would be permitted on a propertyi t were reclassifiedll utilities are provided.

E) The mount of v c nt l nd that currently h s the same zoning classification s isproposed or the subject property, particularly in the vicinity of he subject property, ndany special circumstances, in any, that m ke a substantial p rt of such vacant l ndunavailable for developmentThere is no vacant land in the vicinity of this proposed rezoning.


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F) Whether the proposed amendment would correct an error in the application o thisZoning Code as applied to the subject propertyNot applicable in this request

ue to the straight forward nature of the rezoning request and the fact that City Council isrequired to hold a public hearing if the request proceeds on staff does not feel thatpublic hearing before the Planning Commission is warranted.

IRJECOMMJENIDATIONStaff is recommending that the Planning Commission recommend approval of therezoning from R-5 Single-Family Residential District to the OR-1 Office-ResidentialDistrict based on the following:o The proposed use is a permitted use n the OR-1 zoning district; ando The area has the same zoning to the south and east as the proposed zoning

classification; ando The parcel meets the bulk requirements for an OR 1 zoned property and fits theuse well; ando The proposed rezoning is consistent with the intent and purposes of the City ofTroy Zoning Code.


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Scheduled Planning Commission Meeting(Held every 2nd and 4th Wednesday of the month at 3:30p .m.)Date Requested:

Office Use O n ~ yDate Filed :f-/4- It/Accepted byFiling Fee Pd. J


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HEREBY DEPOSE AND SAY THAT THE ABOVE STATEMENTS AND THE STAJEM ENTS CONTAiNED IN ATHE E X H i B ~ T S PREPARED BY ME AND TRANSMiTTED H R W ~ T H ARE TRUE

~ SignatuSubscribed and sworn to before me this

(For Office Use Only - Do Not Write Below This Line)

REQUIRED DOCUMENTSEXHIBIT A Reasons for Zoning ReclassificationEXHIBIT 8 legal DescriptionEXHIBITC Site Plan: lot dimensions, lot numbers, current zoning, existing and proposed usesEXHIBIT D Site Map with Zoning & Owners within 250 feet of parcelEXHIBIT E Property Owners List within 250 feet of parcelLabels Two (2) Sets of Mailing Labels of Property OwnersCopies Fifteen (15) Complete Sets in a reproducible format "x17"Map(s) one (1) County Tax Map(s)Filing Fee Check issued to City of Troy for $150.00Additional Documentation (List):

PlANNING COMMISSION DISPOSITION:PUBLIC HEARING DATERECOMMENDATION TO CITY COUNCIL

CITY COUNCIL D ~ S P O S I T I O Nst Reading: 2nd: 3rd: PUBLIC HEARING DATE~

COUNCIL COMMITTEE RECOMMENDATIONApproved: Denied: CITY COUNCIL ACTION~ ~Ordinance Number:

, Effective Date:Revised 10/25/11

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COMPANY SUMMARY

Ethel's Bed & Breakfast, located in historic Troy, Ohio, will offer home style,quaint Bed & Breakfast amenities plus special events rooms for the public toenjoy. Ethel's Bed & Breakfast will currently have one individual bedroom with ashared bath, a central living room/dining room (social area), with complementarywireless internet service and a large private front porch with adjoining iarge yardfor its guests. Future plans include opening up three more upstairs bedroomswith a shared bathroom and common area.2.1 COMP NY OWNERSHIPEthefls Bed & Breakfast is the sole proprietorship of Beth Rindler. The Bed &Breakfast uses the main part of the home as the Bed & Breakfast and EventsRooms.2.2 ST RT UP SUMMARYEthel's Bed & Breakfast will have initial start-up expenses th t include:

o 180,000 to purchase the property (Obtained through a residential loan).a 1,000 in home office equipment including: computer, copier, fax machine,

extra telephone line and filing cabinet.o 1,000 for cleaning of furnitureo 1,000 for one set of living room furnitureo 500 for one Dining Room table & Chairso 300 for outside signage 600 for one Ia rge television for the living roomo 400 for Bedroom & Bathroom lin ins

1000 for e b s ~ t e creation/Credit Card access activationo 600 for Advertising/Association dues and also for the Chamber of

Commerceo Bringing total equipment needs after acquisition to/ 61400


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MARKET SEGMENMTATION/ANALYSIS SUMMARY:Ethel's Bed Breakfast has four distinct t rget markets.First are people from the region th t just w nt to get away for theweekend. They may have activities planned for the weekend or just chooseto relax.The second group is travelers who are passing through Troy, Ohio andprefer to stay in Ethel's instead of a hotel/motelThe third group is any customer affiliated with local Troy, Ohio businesses.This group may be out of town professionals working for local businessesrequiring accommodations during their business stay in Troy with the iocalhost business being the entity that sets up the reservation.The last group is the general public that would like to reserve gatheringrooms for th t small meeting, gathering or party.While there may be customers th t fall outside of these groups_, theseclassification segments should be reasonably accurate.

4.2 M RKETING STRATEGY:The Marketing Plan is to t rget the above four customer groups as defined whomake up the largest population of peop e who utilize B B's and small gatheringrooms.A three pronged str tegy will work for all four groups:

Association me rnbership and advertising. Many travelers will look toregional Bed & Breakfast associations for information about the differentBed & Breakfasts in a given area. Most associations publish a directory forsubscriptions nd advertising; we wilf p rticip te in this . An advantage ofmembership in these associations is visibility on the association's websitewith a link to ours . Additionally, we will be a member of the local Chamber


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of Commerce because travelers often make ~ n q u i r i e s to the local Chamberwhen planning a vacation or trip to the area.

o Website. Ethel} s Bed & Breakfast will offer a full service website that aliowsthe visitor to view our facility, read details about what it has to offer,provide information on regional activities and give the visitor informationon how to book a reservation. With the growing use of the internet, theweb has become an indispensable tool for making traveling plans to areasthat are not close enough to check out in person. Additionally, the websitewill have a ((shopping cart that will accept Visa, Mastercard, D i s c o v e r ~ andAmerican Express for online bookings. The website will also provi e guestswith the option to review Ethel's and leave feedback regarding their stay.

s Strategic Relationships with local businesses. EtheVs will develop anetworking partnership with the local businesses so when they are in needof finding accommodations for out of town clients, guests, customers, orothers they will refer them to E t h e ~ s .

4.3 SERVICE BUSINESS ANALYSISThere is only one other Bed Breakfast within a 15 mile radius of Ethel's BedBreakfast and there are a number area hotels/motels. Most people who needlodging in the area make reservations in advance to assure room availability.(The ~ ~ c a l d w e l l Hausen Bed & Breakfast in Piqua will be our main competi tor andthere is a reasonably significant distance factor to consider here.)


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4.3,1 COMPETITION AND BUYING PATTERNS:Typicalfy in this industry the consumer is someone who is not just looking for aroom to s ~ p n} but a facility that provides a home spun touch; a place that isunique and offers more personalized customer service.On average most Bed & Breakfasts have only a couple of rooms and are oftenbooked up in advance; demand outstrips supply for Bed & Breakfasts.

After satisfying themselves with their accommodations, guests often look to thewhole experience of staying in a lovely setting with interesting people to chatwithHotels and Motels are facilities generally much more sterile in character relativeto Bed & Breakfasts. The operator will usually see the guest when they check inand when they check out. This differs from a B&B where guests are encouragedto spend time in communal rooms and socialize with the operators and otherguests this is an appeal factor that drives customers to B&Bs.

5 1 COMPETITIVE EDGE:Ethel's B&B wil l set itself apart from the nearest similar compet ition in thefollowing ways:

location: e s t ~ e d in the historic Troy area within walking distance to aU thedowntown sights & activities

< The Bedroom: The room is individually decorated with antiques that aretasteful but comfortable; you will feel as if you have stepped back in time

o Small Events Rooms: Having small events rooms available to the public forth t special gather ing usage.

o Customer Service: Customer service is the number one priority. EtheVs willtreat each guest as if they are family.


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MANAGEMENT SUMMARY

Ms. Rindler has a degree in dietetics and 30 years' experience in restaurant andhealthcare dietary management. She has also catered many family/friendsfunctions. Ms. Rindler has dreamed of someday having a Bed Breakfast withthe excitement of taking care of travelers. Ms. Rindler's education coupled withher practical experiences has given her the ideal skill-set required for operating aB B and she will promote the facility through the advertising methods discussedabove.6.1 PERSONNEl ~ L A NMs. Rindler will contanue her full time employment as a dietetic technician anddietary manager which will allow for her personal income and the revenue fromthe B B to cover the ent ire Bed Breakfast expenses. Projecting within the first2 years of operation, the revenue from the B B is anticipated to cover the entireexpenses for the ed Breakfast. Ms. Rindler will schedule reservations,complete the housekeeping tasks} obtain help from family/friends for the lawnservices greeting guests and she will prepare the breakfast menu, purchase thefood and cook the breakfast served at the facility. Ms. Rindler will function in allcapacities of operat ing this business.

FINANCIAl PLAN:7 11MPORTANT ASSUMPTIONS:The following critical assumptions will determine the potential for future success .

o A healthy economy th t supports a moderate levei of growth our market.o Keeping operating costs as low as p o s s i b ~ e particularly in areas of

personnel and ongoing monthly expenses.


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Private garages or carports.o A structure for storage incidental to a permitted use.o guest house.o Private swimming pool, bath house, and tennis courts.o Child s playhouse.e Statuary, arbors, trellises, barbeque equipment, flagpoles, fences, play equipment, clothes lines, walls, andhedges.o Fallout shelters.e Day-care centers.@ Satellite earth stations and dish antennas. Antennas used y amateur radio operators.e ny other use customarily found in conjunctionwit the principal use.


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July 9 Committee Mtgs.

Documents

Transcript of July 9 Committee Mtgs.