MINUTES OF COUNCIL

A regular session of Troy City Council was held Tuesday, February 16, 1999, at 7:30 p.m. in Council Chambers.Members Present: Beamish, Douglas, Helmer, Melvin, Mercer, Saxton and Severt.(note – Upon motion of Mr. Severt, seconded by Mrs. Saxton, Mr. Helmer was excused. Mr. Helmer was present at 7:34 p.m., immediately following the summary of the minutes.)

Presiding Officer:         William F. Lohrer, President of Council
Others Present:             N. Lawrence Wolke, Director of Public Service & Safety
                                    McGregor Dixon, Jr., Director of Law
                                    Harold F. Willis, Auditor

MINUTES: The Clerk gave a summary of the minutes of the February 1 meeting of Council. There were no corrections or additions to these minutes. Upon motion of Mrs. Saxton, seconded by Mr. Severt, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:

FINANCE: Mr. Beamish, Chairman, reported that Committee recommends legislation be prepared authorizing a sub- recipient agreement with THOU to authorize them to expend $18,000 in CDBG Funds allocated to replace some of the windows in the Garden Manor Apartments.

Reports signed by Helmer, Mercer and Beamish.

Mr. Beamish gave the oral report that, prior to the Council meeting, Committee met with the entire Council to review the 1999 budget. As a result of that meeting, the Appropriation Ordinance will be presented at the next meeting.

LAW & ORDINANCE: Mr. Severt, Chairman, reported that Committee recommends as follows: 1) Legislation be prepared approving amending Enterprise Zone Agreement 9 with Spinnaker Coatings to reduce their employment pledged from 25 to 12 over the balance of the agreement term. It was noted that Spinnaker has exceeded all other provisions of the agreement, they have added employees after an initial reduction, and having the Enterprise Zone provisions did retain a business in Troy. 2) Committee recommends legislation be prepared authorizing approval of the final, and last, plat of Section Five of the Carriage Crossing Subdivision. 3) Committee recommends legislation be approved to accept the replat of Inlots 6080, 6081, 7447, 7448, part of IL 7225 and dedication of right of way of Arlington Ave. for Troy Christian Schools.

Reports signed by Douglas, Mercer and Severt.

4) Committee recommends approval of Enterprise Zone Agreement 16 with Miller-Valentine Partners, Ltd. for an investment of $3,600,000 to construct a 144,000 sq.ft. spec building at 2200 Corporate Drive, with the abatement of 75% of real property tax for 10 years. Committee noted that about $124,300 would still be paid in taxes with over 65% going to the schools. Mr. Mercer will abstain from this issue in that his employer performs work for the applicant.

Report signed by Douglas and Severt.

Mr. Severt gave the oral report that correspondence was received from the YMCA asking that Council repeal R-67-98, providing $200,000 toward the Y purchase, in that a referendum was filed on this Resolution, which prevented the City’s financial contribution. The Y felt this would preclude a vote on a Resolution that cannot be effective.

Discussion. Mr. Beamish suggested enterprise zone agreements include a provision for a direct payment to the schools, similar to that for Troy Development Council and Troy Main Street, to help offset what is lost in the abatement. This suggestion will be forwarded to the Development Director.

PERSONNEL: Mr. Douglas, Chairman, reported that Committee recommends that an additional full time laborer position be established in the Cemetery Department due to the workload, and Committee noted that some of the cost will be offset by about $9-11,000 in seasonal/contractual seasonal dollar savings.

Report signed by Melvin, Saxton and Douglas.

A motion was made by Mr. Douglas, seconded by Mr. Severt, to accept the report of the Personnel Committee regarding adding an additional full time laborer position in the Cemetery Dept. Motion passed by unanimous roll call vote.

2-16-99 p.2

RESOLUTION NO. R-12-99
RESOLUTION APPROVING THE ENTERPRISE ZONE APPLICATION SUBMITTED BY MILLER-VALENTINE PARTNERS LTD. 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.
Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton
Yes: Beamish, Severt, Douglas, Melvin, Saxton and Helmer
Abstain: Mercer (as employer does work for applicant)
No: None
Mr. Severt moved for adoption. Motion seconded by Mr. Douglas
Abstain: Mercer (as employer does work for applicant)
Yes: Severt, Douglas, Melvin, Saxton, Helmer and Beamish
No: None. RESOLUTION ADOPED

RESOLUTION NO. R-13-99
RESOLUTION APPROVING AN AMENDMENT TO THE ENTERPRISE ZONE AGREEMENT SUBMITTED BY SPINNAKER COATINGS, INC. fka BROWN BRIDGE INDUSTRIES, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. R-68-95 ON DECEMBER 18, 1995, AMENDED BY RESOLUTIONS NO. R-9-96 ON MARCH 4, 1996 AND R-47-98 ON AUGUST 3, 1998, AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EXECUTE THE AMENDMENT TO THE ENTERPRISE ZONE AGREEMENT AND RELATED DOCMENTS REDUCING THE EMPLOYMENT PLEDGE

This Resolution was given first title reading.
Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer
Yes: Douglas, Melvin, Saxton, Helmer, Mercer, Beamish and Severt
No: None
Mr. Severt moved for adoption. Motion seconded by Mrs. Saxton
Yes: Melvin, Saxton, Helmer, Mercer, Beamish, Severt and Douglas
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-14-99
RESOLUTION REPEALING RESOLUTION NO. R-67-98

This Resolution was given first title reading.
Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Saxton, Helmer, Mercer, Beamish, Severt, Douglas and Melvin
No: None.
Mr. Severt moved for adoption. Motion seconded by Mrs. Saxton
Yes: Helmer, Mercer, Beamish, Severt, Douglas, Melvin and Saxton
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-15-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT REGARDING CDBG FUNDS

This Resolution was given first title reading
Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish
Yes: Mercer, Beamish, Severt, Douglas, Melvin, Saxton and Helmer.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Severt.
Yes: Beamish, Severt, Douglas, Melvin, Saxton, Helmer and Mercer.
No: None. RESOLUTION ADOPTED

2-16-99 p.3

ORDINANCE NO. O-1-99
AN ORDINANCE AMENDING SECTIONS 913.01(a), 915.10(b), AND 915.10(c) AND ENACTING SECTION 913.08 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO WATER AND SEWER RATES

This Ordinance was given first title reading on 2-1-99.
Given second title reading.

ORDINANCE NO. O-2-99
ORDINANCE ACCEPTING THE FINAL PLAT OF CARRIAGE CROSSING SECTION FIVE

This Ordinance was given first title reading.
Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Severt, Douglas, Melvin, Saxton, Helmer, Mercer and Beamish.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mr. Severt.
Yes: Douglas, Melvin, Saxton, Helmer, Mercer, Beamish and Severt.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-3-99
ORDINANCE ACCEPTING A REPLAT OF INLOTS 6080, 6081, 7447, 7448 AND PART OF INLOT 7225 AND DEDICATING CERTAIN RIGHT OF WAY

This Ordinance was given first title reading.
Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton
Yes: Melvin, Saxton, Helmer, Mercer, Beamish, Severt and Douglas.
No: None.
Mr. Severt moved for adoption. Motion seconded by Mr. Douglas.
Yes: Saxton, Helmer, Mercer, Beamish, Severt, Douglas and Melvin.
No: None. ORDINANCE ADOPTED

COMMENTS OF DIRECTOR OF PUBLIC SERVICE & SAFETY. Mr. Wolke commented that: Mayor Jenkins is recovering well from triple by-pass surgery; City Engineer Paul Huelskamp is recovering well from brain surgery and is working part time; Cemetery Superintendent Lew Deeter is undergoing chemotherapy, and Development Dir. Tony Char is out of state with his wife who is ill.

COMMENTS OF PRESIDENT OF COUNCIL: Mr. Lohrer noted that Council will hold a public meeting at Hook School on 2-22 at 7 p.m.

COMMENTS OF COUNCIL:

-Mr. Helmer complimented the Police Dept. for the manner in which they work within the public.
-Mr. Beamish thanked staff and Council for work on the 1999 budget. Prior to the Council Meeting, the Finance Committee, Council, and staff met for a final budget review.
-Regarding development, Mr. Beamish stated he is in a unique position because as a member of Council and as an educator as he recognizes the competitive nature of cities in seeking development and that incentives for development may be viewed as negatives for school funding. He asked that the Development Director look into the feasibility of requesting a payment to the schools by those receiving Enterprise Zone agreements, similar to payments to the TDC and Troy Main Street.
-Mr. Beamish commented that the Park Supt. has contacted ODNR about grant possibilities for improvements at Treasure Island.
-Mr. Mercer noted that Mr. Wolke and Mr. Lohrer will be meeting with UVMC representatives regarding an update on plans for the Stouder Hospital reuse.

2-16-99 p.4

AUDIENCE COMMENTS:

-Leo Anticoli, owner of LaPiazza (downtown restaurant) presented Council with a request to abate parking enforcement downtown over the lunch hour or extend 2 hour parking to 3 hours, and that there be less diligent enforcement of parking violations. He also suggested a parking sticker program for downtown business owners/managers.
-Joyce Moreland, owner of Taggart’s (downtown restaurant) supported Mr. Anticoli’s comments regarding parking enforcement and suggested a 4 hour limit.
-Nick Nolan, President of the Main Street Board, spoke in support of Mr. Anticoli and Ms. Moreland, and stated that the downtown parking situation undermines efforts to encourage people to come downtown, makes it difficult for Main Street to conduct membership and fund raising efforts, and that little things such as this cause damage and ill will.
-Mr. Severt suggested some downtown businesses might find longer-term parking in conflict with their need for turn over or short term parking.
-Mr. Mercer asked Mr. Anticoli about the impact on available parking when employees park in the spaces and Mr. Anticoli stated the business owners keep discouraging employees from parking on the Square.
-Mr. Mercer clarified that Mr. Anticoli’s issue was not lack of spaces, but term of parking, and Mr. Anticoli indicated he recognized that parking in the downtown is somewhat limited.
-Mr. Richard Ray, Spinnaker Coatings, thanked Council for approving their Enterprise Zone amendment.
-Pat Rife, 611 Fernwood, stated she felt something should be done about parking concerns, and that City Hall should remain downtown.
-Wayne Newnam, 1170 Premwood, on behalf of the Home Builders’ Assoc., asked Council to approve the BOCA code identical to that adopted by Miami County so there would be uniformity in applied building codes throughout the County.

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