| March 6, 2006 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, March 6, 2006, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor David E. Anderson, Director of Public Service and Safety INVOCATION: An invocation was given by Council Member Clark. PUBLIC HEARINGS: At 7:03 p.m., Mr. Lohrer declared open a public hearing on O-4-06, amending Ordinances regarding sexually oriented businesses. There were no comments in this regard and at 7:04 p.m. Mr. Lohrer declared this public hearing closed. At 7:04 p.m., Mr. Lohrer declared open a public hearing on O-10-06, the rezoning of the land purchased for Fire Station Two. There were no comments in this regard and at 7:05 p.m. Mr. Lohrer declared this public hearing closed. MINUTES: The Clerk gave a summary of the February 21, 2006, meeting of Council. They were corrected to show Mr. Harrah as attending. There were no other corrections or additions. Upon motion of Mrs. Saxton, seconded by Mr. Harrah, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Law & Ordinance Committee. Mrs. Saxton, Chairman, reported as follows: 1) Committee again met to review information regarding junk or abandoned vehicles and noxious weeds. Committee recommends legislation be prepared to further define noxious weeds in the Codified Ordinances. Committee recommends legislation be prepared amending the Codified Ordinances regarding junk and abandoned vehicles similar to that enacted by the City of Piqua and to include more refined definitions and towing of vehicles if the owner does not carry insurance on the vehicle. Report signed by Douglas, Mercer and Saxton. 2) Committee met to review the recommendations of the Enterprise Zone Tax Incentive Review Council (EZTIRC) regarding the compliance status of the 24 Enterprise Zone Agreements and the TIF. As set forth in the ORC, the EZTIRC shall “after taking into consideration any fluctuations in the business cycle unique to the owner’s business, and, on the basis of such determinations, submit to the legislative authority written recommendations for continuation, modification, or cancellation of the agreement”. The Committee recommended legislation be prepared supporting the recommendations of the EZTIRC as follows: - The TIF Agreement is in compliance and should be continued. - 13 agreements were found to be in full compliance and/or still within the initial 3-year period to meet employment pledges, and Agreements should be continued: # 1 MCC-Troy (formerly Premier Labels), # 2 Motoman, # 4 F&P America, # 5 Dolco Packaging, # 11 Con-Agra (formerly Gilardi/International Pizza), # 13 3 Sigma, # 23 Faurecia, # 24 Raymath, # 25 F&P America, # 26 Faurecia, # 27 3 Sigma, # 28 American Honda, # 29 Ishmael Precision Tool. - 11 agreements were not in compliance with employment pledges but had met or surpassed investments commitments and should be continued in recognition of market conditions that may impact the companies: # 3 Stillwater Technologies, #10a Ametek Prestolite Power and Switch, March 6, 2006 Page Two #12 MTPD (formerly MDDA/Panasonic), #14 MCC-Troy (formerly Premiere Labels), #15 Stillwater Technologies, #17 MTPD (formerly MDDA/Panasonic), #18 Peak Foods, #19 Sun Machine & Tool, # 20 Dolco Packaging, # 21 Goodrich Corp., # 22 F&P America. - Committee noted recommendation to continue Agreement with MTPD may help with the marketing of that facility. Committee also noted that mid-year reports were requested on non-compliant agreements and new agreements could include methods to adjust abatements commensurate with non-compliance of pledges. Report signed by Mercer and Saxton. It was noted that Mr. Douglas abstained from the Committee review and recommendations due to a conflict of interest. Audience comments on agenda items or committee reports: - Lester Conard, 1210 S. Clay Street, stated he is glad to see that Council is questioning tax abatement and take action such as pro-rating the benefit if agreements are not in compliance. - Debra Stichter, 467 W. Staunton Road, asked how an agreement could be continued with MTPD as there is no longer an investment or employment by that company. Mrs. Saxton commented that there are still some employees. Mr. Anderson stated there is a taxable benefit related to the building and that while an Agreement would be negotiated by any purchaser of the building there could be a benefit of a new employer/user of the building taking over the current agreement, which would then be a shorter term agreement which could benefit the City. -Mrs. Stichter inquired about the TIF Agreement. Mr. Anderson reviewed the process that resulted in the completion of the Town Park Drive, an agreement with Wal-Mart to stay in Troy, that the City polices the roadway, but does not maintain Town Park Drive. RESOLUTION NO. R-12-06 RESOLUTION AUTHORIZING THE RECOMMENDATION OF THE TAX INCENTIVE REVIEW COUNCIL FOR THE TROY TOWNE PARK TIF 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: Douglas, Saxton, Harrah, Mercer, Baker, Kendall and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Mercer. Yes: Saxton, Harrah, Mercer, Baker, Kendall, Clark and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-13-06 RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE ENTERPRISE ZONE TAX INCENTIVE REVIEW COUNCIL 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: Mercer, Baker, Kendall, Clark, Douglas and Saxton. No: Harrah. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Baker, Kendall, Clark, Saxton and Mercer. No: Harrah. Abstain: Douglas. RESOLUTION FAILED ADOPTION Discussion Regarding R-13-06. Mr. Harrah stated he felt he still needed more information on some of the Enterprise Zone Agreements. As there is a 3-31-06 deadline to file a report with the State regarding the Enterprise Zone Agreements, and a financial penalty imposed every day the report is late, it was stated that the Committee will again meet on the subject prior to the next meeting. March 6, 2006 Page Three ORDINANCE NO. O-4-06 AN ORDINANCE AMENDING SECTIONS 1000.00310.02, 1000.00310.021, 1000.00310.022, 1000.00310.023, 1000.00440.051, 1000.00490.021, 1000.00490.022, 1000.00490.031, 1000.00490.032, 1000.00490.071, 1000.00490.072, AND 1000.11870(J) AND ADOPTING SECTIONS 1000.00310.0221, 1000.00310.0222, AND 1000.00430.001 OF THE TROY ZONING CODE RELATED TO SEXUALLY ORIENTED BUSINESSES AND DECLARING AN EMERGENCY This Ordinance was given first title reading on February 6, 2006. Given second title reading on February 21, 2006. Given Public Hearing and third title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Baker, Kendall, Clark, Douglas, Saxton, Harrah and Mercer. No: None. ORDINANCE ADOPTED. ORDINANCE NO. O-9-06 ORDINANCE AMENDING SECTION 521.11 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY OHIO, REGARDING NOXIOUS WEEDS ON PRIVATE PROPERTY This Ordinance was given first title reading. ORDINANCE NO. O-10-06 AN ORDINANCE CHANGING ZONING FOR INLOT 9963, LOCATED IN THE CITY OF TROY, OHIO FROM COUNTY R-3, MULTI-FAMILY RESIDENTIAL DISTRICT TO CITY OR-1, OFFICE-RESIDENTIAL DISTRICT This Ordinance was given Public Hearing and first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Kendall, Clark, Douglas, Saxton, Harrah, Mercer and Baker. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Douglas, Saxton, Harrah, Mercer, Baker and Kendall. No: None. ORDINANCE ADOPTED. COMMENTS OF MAYOR. Mayor Beamish noted that Franklin Graham will be speaking at the Hobart Arena in April, and reminded everyone that the Silverbacks (a professional indoor football team that selected the Hobart Arena as their home site) will have their first home game at the Hobart Arena on April 1. COMMENTS OF DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Anderson provided each member of Council with a copy of the published budget, stated that letters had been sent to some contractors advising of the requirement to keep the right-of-way clean and not to use the right-of-way for storage, and advised that in two weeks the Comprehensive Plan document will be back from the printer. COMMENTS OF COUNCIL. -Mr. Harrah commented that he appreciates staff working to keep contractors in compliance. -Mr. Kendall state he will host an open meeting on 3/13. -Mrs. Baker asked for more information about the City enforcing sign regulations in the County. Mr. Anderson advised that in an intergovernmental cooperation, the County/Concord Twp. gave permission for the City to remove illegal signs in right-of-way in the County, and the County code is consistent with the sign code City staff enforces in the City. -Mr. Clark thanked staff for working to bring O-4-06 before Council. March 6, 2006 Page Four COMMENTS OF COUNCIL PRESIDENT. Mr. Lohrer recognized Raymond Favorite, who often attends Council meetings, on his 80th birthday and 60th wedding anniversary. COUNCIL COMMENTS. -Lester Conard, 1210 S. Clay, said he feels it is refreshing to see another person on Council that is not influenced by big business. He also asked Mr. Douglas about a “hump” in Dorset Road, and Mr. Douglas stated that would be smoothed out after the weather allows the asphalt plant to open. -Debra Stichter, 467 W. Staunton Road, commented that the Recreation & Parks Committee had recently reviewed a cemetery plan and related bike path. A motion was made by Mr. Mercer, seconded by Mr. Kendall, to recess into executive session to consider imminent or pending court action. The motion was followed by unanimous vote, and at 7:55 p.m., Council recessed into executive session. Council returned to regular session at 8:35 p.m., made no further comment and adjourned.
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