| July 5, 2005 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, July 5, 2005, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Hutchinson, Mercer and Saxton. A motion was made by Mr. Hutchinson, seconded by Mrs. Saxton, and approved by unanimous roll call vote, to excuse Mr. Wise from this meeting. Presiding Officer: William F. Lohrer, President of Council Pro Tem Others Present: Michael L. Beamish, Mayor David E. Anderson, Director of Public Service and Safety Richard L Cultice, Auditor W. McGregor Dixon, Jr., Director of Law INVOCATION was given by Council Member Saxton, followed by a moment of silence recognizing the late Barbel Adkins. PUBLIC HEARING. At 7:03 p.m. Mr. Lohrer declared open a public hearing on R-38-05, the tax budget. There were no comments and at 7:04 p.m., Mr. Lohrer declared this public hearing closed. RECOGNITION: Mayor Beamish presented a proclamation to Levi Fox proclaiming July 6 as Levi Fox Day. Mr. Fox, a recent Troy High School graduate, has been named Track and Field State Champion. Michael Hammond, Miami Valley Risk Management Association Executive Director, presented an award to the City of Troy for again receiving a 100% score on the SPEC report. That program represents the best practices for safety, loss control, and risk management. MINUTES: The Clerk gave a summary of the June 20, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Saxton, seconded by Mr. Clark, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Law & Ordinance Committee: Mrs. Saxton gave the oral report that notice of transfer of existing D5 and D6 liquor permits to Pappy’s Family Restaurants, Inc. at 725 W. Market Street. Mrs. Saxton, Chairman, reported as follows: (1) Committee recommends that Ordinance No. O-20-05, the zoning of the recent Denlinger Annexation, be approved. (2) Committee recommends emergency legislation be prepared to accept Enterprise Zone Agreement #28 with the American Honda Motor Company, Inc for: - Investment of $89 Million. - A new parts distribution building with an area of 500,000 square feet would be constructed on Commerce Center Blvd. - As part of the project, 100 jobs would be retained. The jobs are now temporarily housed in the existing Honda facility. These jobs are primarily procurement in nature. - 130 new jobs (110 full time, 20 part time) would be created. - This project does not impact the operation of the existing distribution facility and the over 200 employees that work there. - The Agreement is for 100% abatement of new real and tangible personal property taxes for a period of ten years. - There is no abatement on American Honda’s existing facility and operation. Any investment that exceeds that set forth in the Agreement, would be fully taxed. After the term of the Agreement, all taxes would be fully paid as well. - The Agreement has a positive impact on the Schools as American Honda has proposed a companion Compensation Agreement to protect the finances of the School District. The District would calculate the State school funding formula and notify American Honda of the amount the District would have received if the Enterprise Zone Agreement were not in place. As this Agreement does include 100% abatement, the Troy Schools have approved the Agreement. - This would utilize an industrial site and would further open up the adjacent land for industrial development. July 5, 2005 Page Two - American Honda has responded to the City’s concerns of increased traffic by a ten-year agreement of: . As the project proceeds, the roadway will be extended to McKaig and then to SR 55 to I-75. . Until that southern route to I-75 is complete, American Honda has agreed that they will require all heavy trucking servicing the project to use Stanfield Road and Experiment Farm Road between the site and I-75 ramp 78 located at North County Road 25A. . American Honda has also agreed to post directional signs and taking steps to encourage compliance, including not using those companies that do not follow the posted route. - To assist with the cost of the roadway construction, a grant application in the amount of $350,000 was approved by the Dayton Development Coalition, based on the recognized value of this project to the area. A second “shovel ready site grant” directly from the State of Ohio for another $350,000 has been authorized. Reports signed by Mercer and Saxton. Discussion. -Mrs. Saxton stated she felt it should be publicized that the Schools benefit from the terms of the Agreement. -Mrs. Baker asked if the new jobs could be jobs transferred from another Honda facility, such as that at Marysville. Mr. Ziance, attorney for Honda, stated the Agreement indicates the new jobs are not “transfers”. -Mrs. Baker asked if the Schools need to notify the City or make known as to how much the Schools receive from Honda under the agreement. Mr. Anderson replied that the Agreement is a public document, the payment to the schools would be public information, but no notification is required. Mr. Anderson commented that Honda is a significant deal and it is significant that the schools are protected under the Agreement. It was indicated that someone interested in knowing how much is annually paid to the Schools under the Agreement could contact the Schools. -Mr. Mercer noted that the School did not “lose” anything under the Enterprise Zone Agreement, but has gained with the terms of the Compensation Agreement. -Mr. Clark commented that the Honda project is tremendous for Troy. -Mrs. Baker asked when the Schools will receive the payment from Honda and Development Director Dando commented that the payment is tied to the School’s fiscal year and it is their responsibility to calculate the payment and contact Honda. Safety & Health Committee: Mr. Hutchinson, Chairman, reported that Committee had considered the request of the Recreation Board to amend Ordinances to permit smoking in the enclosed area of the Troy Aquatic Park. Smoking is not now permitted, so people have started to smoke just outside the gate where others are entering. Committee asked that legislation be prepared to amend Ordinance Section 555.01 to except the Troy Aquatic Park from the no smoking provision for enclosed City facilities and then have that facility covered by a written policy of the Recreation Board. That policy would have been to establish a smoking area within the Troy Aquatic Park, but away from most of the patrons. Committee noted that they did not support the Ordinance change, but this would provide a mechanism for Council to vote on the issue. Report signed by Baker, Clark and Hutchinson. CITIZEN COMMENTS ON COMMITTEE REPORTS/AGENDA: -Lester Conard, 1210 S. Clay, questioned the tax abatement for Honda and asked if the abatement could be pro rated if the company did not meet employment commitments. Mr. Anderson: (1) discussed the ten year abatement benefit to the company and the benefit to the schools by Honda positively impacting the schools’ tax revenues, and (2) explained that laws governing Enterprise Zones do not provide for pro-rating the abatement if employment is not met; rather, the there is a provision for suspending such benefits if a company does not meet an element of the Agreement. -Lester Conard, 1210 S. Clay, stated he did not feel permitting kids to smoke at the pool would help. -Michael Burkholder, 465 W. Staunton Road, asked about details on the tax budget. Mr. Cultice explained that this is a required document of the State intended for the purpose of the City securing a share of tax dollars distributed through the County. However this becomes a formality only for the City as a tax sharing distribution formula has been set by an agreement between Miami County and the other political subdivisions in the County RESOLUTION NO. R-33-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE SOUTHWEST INTERCEPTOR PROJECT This Resolution was given first title reading on June 20, 2005. Given second title reading. July 5, 2005 Page Three Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Hutchinson, Mercer, Douglas, Clark, Baker and Saxton. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Mercer, Douglas, Clark, Baker, Saxton and Hutchinson No: None. RESOLUTION ADOPTED RESOLUTION NO. R-34-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE CLEANING OF THE EAST LIME SLUDGE LAGOON This Resolution was given first title reading on June 20, 2005. Given second title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Douglas, Clark, Baker, Saxton, Hutchinson and Mercer. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Baker, Saxton, Hutchinson, Mercer and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-35-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO FILE AN APPLICATION FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Resolution was given first title reading on June 20, 2005. Given second title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Saxton, Hutchinson, Mercer, Douglas and Clark. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Mercer. Yes: Saxton, Hutchinson, Mercer, Douglas, Clark and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-36-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A THREE-YEAR AGREEMENT WITH PUBLIC SAFETY MEDICAL SERVICES REGARDING ANNUAL FIREFIGHTER PHYSICALS This Resolution was given first title reading on June 20, 2005. Given second title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Hutchinson, Mercer, Douglas, Clark, Baker and Saxton. No: None. Mr. Douglas moved for adoption. Motion seconded by Mrs. Baker. Yes: Mercer, Douglas, Clark, Baker, Saxton and Hutchinson No: None. RESOLUTION ADOPTED RESOLUTION NO. R-37-05 RESOLUTION PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF TROY AT THE NEXT GENERAL ELECTION THE QUESTION OF FOUR YEAR STAGGERED TERMS FOR COUNCIL MEMBERS OF THE CITY OF TROY AND A FOUR YEAR TERM FOR THE PRESIDENT OF COUNCIL OF THE CITY OF TROY. This Resolution was given first title reading on June 20, 2005. Given second title reading. July 5, 2005 Page Four RESOLUTION NO. R-38-05 RESOLUTION ADOPTING THE BUDGET OF THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Douglas, Clark, Baker, Saxton, Hutchinson and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Clark, Baker, Saxton, Hutchinson, Mercer and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-39-05 RESOLUTION APPROVING THE ENTERPRISE ZONE AGREEMENT #28 SUBMITTED BY AMERICAN HONDA MOTOR 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 AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Saxton, Hutchinson, Mercer, Douglas and Clark. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Saxton, Hutchinson, Mercer, Douglas, Clark and Baker. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-20-05 AN AMENDED ORDINANCE CHANGING ZONING FOR A 4.983 ACRES, LOCATED IN THE CITY OF TROY, OHIO, FROM COUNTY R-1-AAA SINGLE-FAMILY RESIDENTIAL TO R-3-B, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given public hearing and first title reading on June 20, 2005. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Mercer, Douglas, Clark, Baker and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas. Yes: Mercer, Douglas, Clark, Baker, Saxton and Hutchinson No: None. ORDINANCE ADOPTED ORDINANCE NO. O-21-05 AN ORDINANCE AUTHORIZING THE CONTINUATION OF MILITARY LEAVE WITH PAY AND THE CONTINUATION OF CITY-PROVIDED GROUP HEALTH AND LIFE INSURANCE; TO CITY EMPLOYEES WHO ARE CALLED TO ACTIVE MILITARY DUTY IN RELATION TO THE ATTACK AGAINST THE UNITED STATED ON SEPTEMBER 11, 2001, FOR THE DURATION OF ACTIVE MILITARY DUTY AND DECLARING AN EMERGENCY This Ordinance was given public hearing and first title reading on June 20, 2005. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Douglas, Clark, Baker, Saxton, Hutchinson and Mercer. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Baker, Saxton, Hutchinson, Mercer and Douglas. No: None. ORDINANCE ADOPTED July 5, 2005 Page Five ORDINANCE NO. O-22-05 AN ORDINANCE AMENDING SECTIONS 913.01 (a), 913.08 AND 915.10 (c) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY OHIO RELATING TO WATER AND SEWER RATES This Ordinance was given public hearing and first title reading on June 20, 2005. Given second title reading. ORDINANCE NO. O-23-05 ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO RELEASE CERTAIN REAL ESTATE HELD AS SECURITY FOR A MORTGAGE This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Baker, Saxton, Hutchinson, Mercer, Douglas and Clark. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Clark. Yes: Saxton, Hutchinson, Mercer, Douglas, Clark and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-24-05 AN ORDINANCE AMENDING SECTION 555.01(a) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING SMOKING AT TROY AQUATIC PARK AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Mercer, Douglas, Clark, Baker and Saxton. No: None. Mr. Hutchinson moved for adoption. Motion seconded by Mr. Douglas. Yes: Saxton. No: Mercer, Douglas, Clark, Baker and Hutchinson . ORDINANCE FAILED ADOPTION COMMENTS OF MAYOR: Mayor Beamish noted the following: 1) He is very excited about Honda’s new operation in Troy and he sees this as growth in job opportunities. 2) He feels the many tributes to the late Barbel Adkins are most appropriate. 3) He appreciates the volunteer efforts of the July 4th Celebration Committee in providing a local celebration and the funding assistance of the Troy Foundation and Concord Township for the fireworks. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Anderson commented that while the State is performing work on West Main Street at Norwich Road, the City is having a water line upgraded, but this will not add to the time Main Street will be closed. COMMENTS OF MEMBERS OF COUNCIL: REGARDING THE ELM STREET PROJECT: Mrs. Baker stated she understands that the Elm Street project is cutting into the property of the citizens and if this is correct the City should notify the residents and explain this, notify the County that the properties will have less land, and ask that the residents’ taxes be reduced likewise. Mr. Anderson stated that the project scope is unchanged. Mr. Lohrer commented he understood that the new sidewalk will be 5’ in width and a letter was to be sent to residents discussing this. Mrs. Baker asked for a follow up on these issues. Mark Livengood, Utilities Supervisor, commented that the project is within the right-of-way; however, some of the properties had previously built their retaining walls in the right-of-way and with new walls being located outside the right-of-way, some yards may appear smaller. Lew Hart, 1288 York Lane, stated his son lives on Elm Street and commented that he felt: the City provided a pathetic display of information to the residents, in some cases this project is taking as much as 2’ of the front yard, the City should change deeds to reflect the reduction in their properties, and the residents have received nothing in writing about this. Mr. Anderson commented that if there is a change in the project scope there will be a follow up, but he understands that all work is being done in the public right-of-way. July 5, 2005 Page Six -Mrs. Baker stated she appreciates the statistics on the Troy Aquatic Park, and asked if there could also be a breakdown of expenses for the facility, including personnel costs for the concession area. Mr. Cultice said this could be done following the end of July. Mr. Anderson stated he is interested in comparing Troy’s costs with that of Tipp City as Tipp City’s pool is being contractually operated. -Mr. Mercer complimented the Troy Development Council staff and City staff on securing the Honda project. He also stated he feels there is considerable regional benefit due to the number of businesses expected to locate in the area that provide support services for Honda. -Mrs. Saxton asked about the clean up of the property at 725 W. Market with the new owner, and it was stated that old vehicles, etc. are to be removed from that property. -Mrs. Saxton said that her vote on O-24-05 should not infer that she condones smoking, rather it was to support the recommendation of the Recreation Board and to encourage smoking away from the entrance to the pool. -Mr. Hutchinson thanked staff for the work cleaning up an old railroad coal yard area. -Mr. Douglas commented that the Honda project locating in Troy was not “by accident”, but by a lot of work by a number of people. AUDIENCE COMMENTS: - Scott Ziance, attorney for American Honda Motor Co., Inc., on behalf of Honda, thanked the City and Troy Development Council representatives who worked with Honda on the Enterprise Zone Agreement and the Honda project. - Tim Middlestat, 2843 Southside Drive, stated he feels there is a problem with the newly enacted Ordinance regarding fences when a property has dual frontage and asked if this issue could be reviewed. It was indicated that the Law & Ordinance Committee would meet to discuss the concern. There being no further business, Council adjourned at 8:38 p.m. _______________/s/_________________ _________________/s/___________________ President of Council Clerk of Council |