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February 20, 2007 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, February 20, 2007 at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton. Presiding Officer: Ted S. Mercer, President of Council Pro Tem Others Present: Michael L. Beamish, Mayor Patrick E. J. Titterington, Director of Public Service and Safety W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council Member Mercer. MINUTES: The Clerk gave a summary of the minutes of the February 5, 2007 meeting of Troy City Council. There was a correction that the second ordinance listed as O-15-2007 was actually O-16-2007. A motion was made by Mr. Harrah, seconded by Mr. Kendall, to approve the minutes as corrected. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: LAW & ORDINANCE COMMITTEE. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends emergency legislation be prepared regarding the Tippecanoe Land Company Annexation, 5.838 acres in Concord Twp., located at 4354 SR 718, with the legislation to provide the statement of services, statement regarding buffering, and consent. 2) Committee recommends legislation be prepared to accept the recommendations of the Enterprise Zone Tax Incentive Review Council that the following Agreements be continued as they are in full compliance and/or still within the initial three-year period to meet employment pledges: # 4 F&P America # 5 Dolco Packaging # 11 Con-Agra (formerly Gilardi/International Pizza) # 13 3 Sigma # 17 Clopay Building Products (formerly MT Picture Display) # 22 F&P America # 23 Faurecia # 24 Raymath # 25 F&P America # 26 Faurecia # 27 3 Sigma # 28 American Honda Motor Co., Inc. # 29 Ishmael Precision Tool # 30 Faurecia # 31 Clopay Building Products That the following seven agreements were not in compliance with employment pledges but had met or surpassed investment commitments and should be continued in recognition of market conditions that may impact the companies: # 3 Stillwater Technologies #10a Ametek Prestolite Power and Switch #15 Stillwater Technologies #18 Peak Foods #19 Sun Machine & Tool # 20 Dolco Packaging # 21 Goodrich Corp. The EZTIRC found that the TIF Agreement was in compliance and should be continued. Committee also noted that the holder of Agreement #2 (Motoman) and the holder of Agreements #1 and #14, (MCC-Troy, originally Premiere Labels) have asked that the agreements be withdrawn as the agreements are nearing their expiration dates and due to the effects of the new property tax structure enacted by the Ohio Legislature. Committee noted that the companies requesting to terminate the agreements at this time is not an adverse action regarding the companies or the Enterprise Zone program. Both Motoman and MCC-Troy are companies that have grown, have met all investment criteria, and are providing job opportunities. Those are the goals of the Enterprise Zone agreements and the goals have been met. February 20, 2007 Page Two Committee asked that the legislation be prepared as emergency measures except for that releasing the companies from Agreements 2, 1 and 14. Reports signed by Douglas, Mercer and Saxton. Mrs. Saxton commented that this has been a very optimistic review of the agreements. Oral Report. Mrs. Saxton gave the oral report that notice has been received of the following liquor license applications: -New D-1 for H&M Collins, dba Hoagies Pizza House, 914 N. Market Street. -New C-1 for Cork N Vine, LLC, 1737 W. Main Street -New D-5 for Cork N Vine, LLC, dba Dagwoods Deli, 1741 W. Main Street. Audience Comments on Committee Reports and Agenda – -Michael Burkholder, 465 W. Staunton Road, questioned the use of the term “economic downturn” in the Law & Ordinance Committee report, as he understands the DOW closed at a record high, unemployment is at an all time low, and the only sector that has a problem is the housing industry. Mrs. Saxton commented that the report is based on all of 2006, that local industry representatives have indicated they have experienced a slow economy, and that the media continues to report overall economic difficulties. RESOLUTION NO. R-4-2007 RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE ENTERPRISE ZONE TAX INCENTIVE REVIEW COUNCIL AND DECLARING AN EMERGENCY This Resolution was given first title reading. A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Mercer, Douglas, Clark, Baker, Saxton, Kendall and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Yes: Douglas, Clark, Baker, Saxton, Kendall, Harrah and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-5-2007 RESOLUTION ADOPTING THE RECOMMENDATIONS OF THE TAX INCENTIVE REVIEW COUNCIL FOR THE TROY TOWNE PARK TIF AND DECLARING AN EMERGENCY This Resolution was given first title reading. A motion was made by Mrs. Saxton to suspend the rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Clark, Baker, Saxton, Kendall, Harrah, Mercer and Douglas. No: None Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Baker, Saxton, Kendall, Harrah, Mercer, Douglas and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-6-2007 RESOLUTION ACCEPTING THE TERMINATION REQUESTS FROM MOTOMAN, INC. FOR ENTERPRISE ZONE AGREEMENT #2 APPROVED BY RESOLUTION NUMBER R-66-96 AND FROM MCC-TROY FOR ENTERPRISE ZONE AGREEMENT #1 AND ENTERPRISE ZONE AGREEMENT #14 APPROVED BY RESOLUTION NUMBER R-28-95 AND RESOLUTION NUMBER R-52-98 This Resolution was given first title reading. A motion was made by Mrs. Saxton to suspend the rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Saxton, Kendall, Harrah, Mercer, Douglas, Clark and Baker. No: None Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Kendall, Harrah, Mercer, Douglas, Clark, Baker and Saxton. No: None. RESOLUTION ADOPTED February 20, 2007 Page Three RESOLUTION NO. R-7-2007 RESOLUTION ACCEPTING THE REPORT OF THE FACT FINDER CONCERNING THE CITY OF TROY AND THE F.O.P.-OHIO LABOR COUNCIL, INC., THE TROY POLICE OFFICER'S ASSOCIATION AND DECLARING AN EMERGENCY This Resolution was given first title reading. A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Harrah, Mercer, Douglas, Clark, Baker, Saxton and Kendall. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Harrah. Yes: Mercer, Douglas, Clark, Baker, Saxton, Kendall and Harrah. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-9-2007 ORDINANCE CHANGING THE ZONING OF INLOT 9892 AND PART OF INLOT 9891 IN THE CITY OF TROY FROM COUNTY A-1 ZONING AND ADOPTING A PLANNED DEVELOPMENT This Ordinance was given public hearing and first title reading on January 16, 2007. Given second title reading on February 5, 2007. Given third title reading ORDINANCE NO. O-15-2007 ORDINANCE AMENDING SECTION 345.09(a) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY REGARDING PARKING OF TRAILERS ON LAWNS This Ordinance was given first title reading on February 5, 2007 Given second title reading. ORDINANCE NO. O-17-2007 ORDINANCE ESTABLISHING MUNICIPAL SERVICES FOR CERTAIN TERRITORY CONTAINING 5.838 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. A motion was made by Mrs. Saxton to suspend the rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Douglas, Clark, Baker, Saxton, Kendall, Harrah and Mercer. No: None Mr. Clark moved for adoption. Motion seconded by Mr. Kendall. Yes: Clark, Baker, Saxton, Kendall, Harrah, Mercer and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-18-2007 ORDINANCE ESTABLISHING BUFFER REQUIREMENTS FOR CERTAIN TERRITORY CONTAINING 5.838 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, IN THE CITY OF TROY, OHIO, AND DECLARING AN EMERGENCY This Ordinance was given first title reading. A motion was made by Mrs. Saxton to suspend the rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Baker, Saxton, Kendall, Harrah, Mercer, Douglas and Clark. No: None Mrs. Saxton moved for adoption. Motion seconded by Mr. Kendall. Yes: Saxton, Kendall, Harrah, Mercer, Douglas, Clark and Baker. No: None. ORDINANCE ADOPTED February 20, 2007 Page Four ORDINANCE NO. O-19-2007 ORDINANCE CONSENTING TO THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 5.838 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, TO THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. A motion was made by Mr. Kendall to suspend the rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kendall, Harrah, Mercer, Douglas, Clark, Baker and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Harrah, Mercer, Douglas, Clark, Baker, Saxton and Kendall. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR. The Mayor announced that Troy has achieved Tree City USA recognition for the twenty-first year. With the very bad weather the week of February 12, the Mayor commended the work of all City departments in providing services and protection for the citizens. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFEETY. Mr. Titterington also commended the efforts of City crews during bad weather conditions, and especially commended the quick response when a downtown building at the corner of Main and Walnut Streets suffered a partial roof collapse, with falling debris endangering the public, building tenants, and possibly nearby structures. Regarding the comments of Mr. Burkholder, it could be that use of the term economic downtown might have been somewhat overstated, but looking at the last 12-18 months, the economy has not been booming. He commented that the DOW has increased, but that is impacted by how companies react to situations. Improvement is not always measured by investors and the City the same. Reductions in employees to cut costs may benefit the investor, but not the community where jobs are cut. There will be a better picture in the next 12-18 months. Local businesses have reported having a hard time recruiting employees. The Troy Development Council (TDC) has received a grant for workforce development to help current and potential businesses address recruitment issues. Mr. Titterington stated he feels Troy is sending the right message in supporting local businesses and that message will help with efforts to recruit more businesses and industry to Troy. Regarding the Wasserman Building (building with partial roof collapse, located at Walnut and Main Streets), a contractor is working on the third floor. It is hoped most of the building can be salvaged. Mr. Titterington further commented that during the coldest week and the biggest snowfall of the winter, this near disaster took place, the Fire Department command and staff moved fast to secure the building and protect the public. With subtle but consistent encouragement by the City, the property owner stepped up to begin repairs as quickly as possible. In response to a question regarding another location for the businesses displaced from the Wasseman Building, it was noted that Troy Main Street representatives are working to help the businesses stay in Troy, but it is not known if representatives of the Harbor Trust (building owner) are also involved in these efforts. COUNCIL COMMENTS. -Council members Mercer, Clark and Harrah commended City departments and staff for a great job in managing all areas associated with a snowfall that lasted 24 hours. Mr. Douglas noted that firefighters have been helping citizens clear areas around hydrants. -Mrs. Baker noted that the Mayor’s Prayer Breakfast will be held March 24. -Mr. Mercer thanked the citizens who kept walks shoveled during the recent snowfall. -In response to a question, it was stated that recycling, which fell behind due to the weather, is close to being on schedule. AUDIENCE COMMENTS. Michael Burkholder, 465 W. Staunton Road, thanked Mr. Titterington for his comments, and stated he was aware that companies such as Chrysler have announced layoffs. February 20, 2007 Page Five There being no further business, the meeting adjourned at 7:50 p.m. _____________/s/_______________________ ________________/s/_______________________ President of Council Clerk of Council |