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City Council meeting minutes August 3, 2009
Posted on Thursday, October 01 @ 21:31:34 EDT by Admin

Council meeting docs, etc.

Important content:

Mayor DeGraw requested the confirmation of City Council of the appointment of Steve Shaner as the City’s Fire Chief.

Res. 2009-08: A Resolution approving the Grant of Job Creation Tax Credit for Businesses within the Grandview Yard Site. This was the big ord. that set the tax rates for the G.Y. developers (the number of this ord. was later substituted to 2009-29).

…Gladman stated that throughout the process he has expressed his concern about the use of income tax to pay any debt service that the City might have. He is especially concerned that the City is giving a substantial subsidy to the developer, which he thinks is not needed and could better be used for debt service. Gladman commended the Economic Development Committee Chair and members for making this into a much better form that what it was originally but he is still not supportive of it.

Vote on approval: Hastie – yes, Jagers – yes, Koelker – yes, Panzera – yes, Von Jasinski – yes, Gladman – no, President Reynolds – yes. LEGISLATION PASSED – ORDINANCE 2009-29.

Ord. 2009-24: An Ordinance authorizing Real Property Tax Exemption with respect to Certain Real Property within the Grandview Yard Site. This was the second large ord. needed to finalize the G.Y. project. All voted yes.

Following the passage of these the council members joined the NRI bigshots in a toast to the completion of the G.Y. negotiations.

Chicken Ord. - Koelker requested that this particular version of the proposed legislation be withdrawn. She stated that it is not in a form that is workable.



City of Grandview Heights
Council Meeting
Monday, August 3, 2009

President Reynolds called to order the City of Grandview Heights Council meeting of Monday, August 3, 2009 at 7:00 p.m. The Pledge of Allegiance was recited.

Present: Council Members – E. Hastie, S. Jagers, S. Gladman, P. Koelker, A. Panzera, S. Von Jasinski, President S. Reynolds, Mayor DeGraw, Director of Administration/Economic Development Bowman, City Attorney Khouzam, and Director of Finance Dvoraczky.

Approval of Proceedings

July 6, 2009 Regular Meeting

July 13, 2009 Special Meeting

July 20, 2009 Special Meeting

…Panzera moved and Hastie seconded to approve the minutes as submitted. Vote: All ayes. THE MINUTES OF THE JULY 6, 2009 REGULAR COUNCIL, JULY 13, 2009 SPECIAL COUNCIL AND JULY 20, 2009 SPECIAL COUNCIL MEETINGS WERE APPROVED AS SUBMITTED.

Appointment of Fire Chief

…Mayor DeGraw requested the confirmation of City Council of the appointment of Steve Shaner as the City’s Fire Chief. CITY COUNCIL UNANIMOUSLY CONFIRMED STEVE SHANER’S APPOINTMENT AS FIRE CHIEF.

…Steve Shaner, accompanied by his wife Kate, was administered the Oath of Office by Mayor DeGraw.

Grand-View Landscape Awards

…Mayor DeGraw and President Reynolds presented the following with the 2009 Landscape Awards:
Residents:
Milt Lewis & Jerri Lybarger* 1201 Ashland Avenue
Jamey & Brandi Fauque* 877 Thomas Roa
Steve & Judith Von Jasinski* 1260 Broadview Avenue
Eric & Allyson Engdahl* 1165 Glenn Avenue
Jo & Phil Boswell* 1108 Lincoln Road
Jim Wells* 1444 Lincoln Road
Jason Penshorn & Aubrie Smith 1455 Inglis Avenue
Kim & Ted Bush 1127 Broadview Avenue
Jessica McCormick & Ken Kesla 1039 W. Second Avenue
Business:
The Laura Gregory Salon* 1090 W. Goodale Blvd
*Present

Comments from Visitors

Peg Rosenfield, 1650 Ridgeway Place, stated that she is aware that in spite of all the tax relief being made and available to Nationwide Realty, the Grandview Heights School District will be compensated for revenue increases that they would otherwise lose. She understood that some provision was being made to also compensate other taxing authorities for revenue that they would gain from the Grandview Yard increased evaluation if it were not for relief being granted on the property taxes. She reminded Council that the taxpayers approved tax levies to support the services offered by the Grandview Library, the Columbus Zoo, Children’s Services, Metro Parks, Senior Services, Mental Health and MRDD. This voter approval anticipated that these services would benefit from the revenue coming from any increased property value evaluation. The City of Grandview Heights has every right to abate or redirect the City’s property tax in anticipation of increased income tax revenues from the people who would be employed at Grandview Yard. Rosenfield urged Council to provide public information addressing how they plan to make whole the Grandview Library and others at this time when they are experiencing severe cuts in their State support.

…Mayor DeGraw commented that the Grandview School District has the base plus a percentage of the increase. The City, library, and County were made whole from the TIF payments for that base amount value as of today.

  • Council Reports

  • Finance – No report.

  • Planning and Administration – No report.

  • Recreation, Services and Public Facilities - No report.

  • Safety – Von Jasinski reported the Safety Committee met to discuss the pending keeping of chickens legislation. The sponsoring Council member, who initiated the legislation, asked about withdrawing the proposed legislation from the agenda. It is within the purview of that Council member to remove herself as the sponsor. Von Jasinski stated the Safety Committee has no recommendation and that the proposed chicken legislation will be withdrawn from the Council agenda.

  • Communications & Technology – No report.

  • Economic Development – Koelker stated she would provide her report at the time the legislation appears on the agenda.

  • Historical Society – No report.

  • MORPC – Director Bowman reported that at the last MORPC meeting the discussion involved the stimulus package, the 2010 census, and roundabout safety.

  • Grandview/Marble Cliff Chamber of Commerce – City Attorney Khouzam reported the Chamber golf outing will be August 13, 2009 at Phoenix Golf Links. The monthly luncheon has been scheduled for August 20, 2009 at Buffalo Wild Wings. The guest speaker will be Chester Jourdan of MORPC.

  • COTA – No report.

  • Art Hop/Ad Hoc – Von Jasinski reported the July 25, 2009 Art-Hop was again reasonably successful. The next scheduled Art-Hop is August 29, 2009.

Department Head Status Reports:
  • Police – Chief Kiser stated he submitted his report and was available for questions of Council.

…Discussion followed on the recent number of thefts involving lawn care equipment. Chief Kiser stated that two arrests were made and since that time there have not been any further thefts reported. …Chief Kiser stated that before he was hired as Chief the Division of Police was pursuing the Commission on Accreditation of Law Enforcement Agencies (CALEA) recognition which had to be delayed. After he was hired he agreed that when they got to the point where they could get it done, they would. With the culmination of a great deal of hard work and dedication by all members of the Division, and especially Sergeant Balla and Detective Harper, the Division of Police received recognition from CALEA which is an honor that approximately only 10% of the agencies in the Country receive.

  • Fire – Chief Shaner expressed his appreciation to being appointed Fire Chief. He stated he had submitted his report and was available for questions of Council.

  • Mayor’s Report - Mayor DeGraw extended his thanks to the staff of the Administration, Building Department, and City Attorney for the thousands of hours of work they put into the Grandview Yard project. He especially wanted to recognize City Council’s efforts. They (Council) have put in so many hours bringing this project from a theory, going through page by page, day and night. Mayor DeGraw stated that the residents are very fortunate to have this group of people who has given this much time and effort.

…President Reynolds stated he also wanted to take the opportunity to thank the legal consulting staff. Being such a small community with an overworked staff as it is, the effort that the regular staff and additional consulting staff put in was a tremendous help. He recognized the vision that Mayor DeGraw and Director Bowman had in pursuing this project and structuring the agreement, working with the schools to make sure that they and the county agencies were considered. President Reynolds also thanked his fellow Council members for all the hours they put in the past few months, singling out Council Members Jagers and Koelker for their time and efforts involved. NRI saw what Council has seen quite some time in the City, a tremendous location and community. He wished them the best of success as the project moves forward.

  • Director of Administration/Economic Development Report – Director Bowman reported that the Planning Commission meets on August 19, 2009. He also distributed a notification of a meeting scheduled for August 13, 2009 sponsored by the Columbus Parks and Recreation Department to discuss the bike path connector to Goodale, called the Harrison West Trail connector.

  • Director of Finance Report – Director Dvoraczky stated he will distribute his monthly report upon receipt of the income tax data that is scheduled to be received within the next few days.

  • City Attorney Report – City Attorney Khouzam stated she submitted her report and was available for questions of Council.

  • Old Business

1. Res. 2009-08: A Resolution approving the Grant of Job Creation Tax Credit for Businesses within the Grandview Yard Site; authorizing the execution of Job Creation Tax Credit Agreements between the City and Businesses within the Grandview Yard Site, authorizing the negotiation of Job Creation Tax Credits with Businesses within the Grandview Yard Site; and authorizing other necessary action related thereto.

…Mayor DeGraw summarized the development agreement through a power-point presentation. (Attached hereto and incorporated herein as if fully rewritten.)

…City Attorney Khouzam provided a quick overview of the documents before Council:

  1. Participants to the Grandview Yard (GY) development:

    1. the City of Grandview Heights;

    (2) Nationwide Realty Investors (funder & developer); and
    (3) Bond Issuer (public agency)

(b) Relationship of Parties

(1) They will enter into a Cooperative Agreement and Bond Indentures which will govern the flow of money for the Public Improvements and govern the terms and condition of repaying the bonds.

(c) Legislation

(1) The exemption ordinance is the primary ordinance which governs the relationship.

A. uses State law to designate the Tax Increment Financing (TIF) and to allow the incremental taxes to be captured to repay the debt service;

B. authorizes the City to enter into a development agreement, which spells out rights and responsibilities of the City and the developer with respect to building on the site and paying for the project; and

C. details where certain funds are applied so as to comply with State law and federal tax laws.

(2) The Community Reinvestment Act, or CRA

A. modifies the City’s current CRA designation but does not effect companies that currently have designated parcels with property tax abatements;

B. once those parcels are no longer subject to their exemptions, the incremental tax value of those that are in the designated TIF area will be captured into the TIF fund.

(3) The job creation tax credit legislation.

This item of legislation has to do with incentives - property tax incentives and income tax incentives - that are being granted in connection with the on-going negotiations that have taken place between NRI and the City. Incentives are triggered by either completion of parcel improvements or when a particular tenant may take occupancy of new buildings. The project is expected to build out over a period of 10-15 years. The bonds that will be used to fund the project generally have a 30-year maturity.

(4) Abatements

A. common incentive tools

B. NRI has asked Council to grant it property tax abatements for 15 years

i. Office 25%

ii. Residential 50%

iii. Hotel 75%

iv. No abatement available for retail use.

The City’s economic development program and the Community Plan that has been in place for a number of years have consistently sought to attract high density and well-paying jobs. The job creation tax credit incentive that is being requested, based on the 2% income tax rate, will also be made available with enhanced credit to early tenants to attract them to the site to jumpstart the project.

City Attorney Khouzam commented that this Council has spent an immeasurable amount of time and done more than its due diligence in looking at, reviewing, and analyzing every aspect of this transaction. She has been extremely impressed by their understanding of this transaction, which is not simple. They are to be commended.

…Gladman stated that throughout the process he has expressed his concern about the use of income tax to pay any debt service that the City might have. He is especially concerned that the City is giving a substantial subsidy to the developer, which he thinks is not needed and could better be used for debt service. Gladman commended the Economic Development Committee Chair and members for making this into a much better form that what it was originally but he is still not supportive of it.

…Koelker stated that a bond rate has been negotiated and she understands it is favorable to the City. Looking at the big question is whether or not this is the right thing to do. She noted that there is a Community Plan that is ambitious for a small city and to imagine the renovation of what is about a 7th of the land area that has fallen into quite a state of disrepair is something.

The City is unable, for how small we are, to back the bond. NRI has taken on that additional risk. Koelker has come to believe that that concession is worth what the City gets back in the partnership.

…President Reynolds commented that on a reasonable perspective Gladman’s comments are very valid. One of the difficulties that the City has is just the way the laws are set-up, often times there isn’t a lot of restrictions requiring net gain when community A takes jobs from community B. This project will have the opportunity to bring new jobs to the region. He is convinced that if the community doesn’t do something now it will get passed by.

…Jagers stated that the income tax portion of the package was the most discussed piece. Over the course of the past several weeks Council was able to focus the use of the income tax to first limit it to what the developer is bringing to the project. That’s what was used for both incentives and debt service. It is important that what they bring is invested back into the project (just a portion of it). Jagers commented that they made sure that the income tax was directed in both an amount and place of investment.

…Panzera stated that as a participate in the majority of the negotiations and as a member of the Economic Development Committee, he feels that this is an excellent opportunity to move this project forward as a City. It is certainly the largest development opportunity that has been presented to the City in the scope of the past fifty years. There is an investment, commitment, and trust factor that both parties share. If The City had been in the position to attract the purchase of bonds based on our revenue we would had been in the position of using income taxes to pay back those bonds for the infrastructure being built. It is the same revenue stream we are seeing, it’s just we are having some financial help by a very committed and dedicated partner.

..End of comments.

…Koelker reported the Economic Development Committee and other Council members met earlier in the day, reviewed the proposed legislation in ordinance format, made a few final changes that have been incorporated and overall, in consideration of the entire deal, the Committee recommended approval.

…Koelker moved and Von Jasinski seconded to substitute the proposed legislation. Vote on substitution: All ayes. PROPOSED RESOLUTION 2009-08 SUBSTITUTED TO NEW FORM – PROPOSED ORDINANCE 2009-29.

…Koelker moved and Panzera seconded to approve proposed Ordinance 2009-29. Vote on approval: Hastie – yes, Jagers – yes, Koelker – yes, Panzera – yes, Von Jasinski – yes, Gladman – no, President Reynolds – yes. LEGISLATION PASSED – ORDINANCE 2009-29.

2. Ord. 2009-24: An Ordinance authorizing Real Property Tax Exemption with respect to Certain Real Property within the Grandview Yard Site in accordance with O.R.C. Chapter 3735; and authorizing the execution of a Community Reinvestment AreaReinvestment Area Agreement between the City of Grandview Heights and NRI Equity Land Investments, LLC.

…Koelker reported the Economic Development Committee and other Council members met earlier in the day, reviewed the proposed legislation and with final changes being incorporated the Committee recommended approval.

…Koelker moved and Von Jasinski seconded to substitute to Version 080309. Vote on substitution: All ayes. PROPOSED LEGISLATION IN SUBSTITUTED FORM.

…Koelker moved and Von Jasinski seconded for approval. Vote: All ayes. LEGISLATION PASSED IN SUBSTITUTED FORM VERSION 080309 – ORDINANCE 2009-24.

3. Ord. 2009-23: An Ordinance Declaring Improvements to Certain Real Property to be a Public Purpose; Declaring such Real Property to be Exempt from Real Property Taxation; Authorizing a Declaration that Construction and Rehabilitation of Certain Real Property is a Public Purpose; Authorizing the Exemption of such Real Property from Real Property Taxation; Describing the Public Infrastructure Improvements and the Urban Renewal Project to be Undertaken that will Directly Benefit all such Real Property; Requiring the Property Owners of Certain Real Property to Make Service Payments in Lieu of Taxes; Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Certain Service Payments; Authorizing the Establishment of an Urban Renewal Debt Retirement Fund for the Deposit of Certain Service Payments; Authorizing the Pledge and Assignment of Certain Income Tax Revenues Available to the City to Pay Costs of Public Infrastructure Improvements; Authorizing the Execution of Development Agreements with the Owners of Certain Real Property, Including the Developer; and Authorizing the Execution of a Compensation Agreement with the Grandview Heights City School District.

…Koelker stated she would like to take this time to thank the Administration for bringing a proposal in a form that was ready to be reviewed. She extended her appreciation to legal counsel, Committee members and other Council members for helping review the proposed legislation. Koelker reported the Economic Development Committee has reviewed this document in great length and recommended approval.

…Koelker moved and Von Jasinski seconded to substitute to Version 080309. Vote on Substitution: All ayes. PROPOSED LEGISLATION IN SUBSTITUTED FORM VERSION 080309.

…Koelker moved and Von Jasinski seconded for approval. Vote on approval: All ayes. LEGISLATION PASSED IN SUBSTITUTED FORM VERSION 080309 – ORDINANCE 2009-23.

***Council adjourned for a brief recess.***

Council reconvened at 8:27 p.m.

  • Ord. 2009-12: An Ordinance Amending Chapter 505 of the City of Grandview Heights Codified Ordinances to allow Chickens to be kept within City Limits, with Certain Restrictions.

  • …Koelker requested that this particular version of the proposed legislation be withdrawn. She stated that it is not in a form that is workable.

    …Koelker moved and Hastie seconded to withdraw the proposed legislation from consideration. Vote: All ayes. PROPOSED LEGISLATION WITHDRAWN FOR CONSIDERATION.

  • Ord. 2009-16:  An Ordinance Modifying and Amending Chapter 1157 of the City of Grandview Heights Codified Ordinances to Set a Percentage for the Recycling of Demolition Debris from Commercial and Multi-Family Structures.

  • …Von Jasinski stated he would like to have a Safety Committee meeting prior to the next Council meeting. RECORDED AS A THIRD READING.

  • Ord. 2009-21: An Ordinance authorizing the Mayor and Director of Finance to enter into a lease agreement with the Bobcat Boosters, Inc. for the use of Pierce Field Park, and declaring it an emergency. RECORDED AS A SECOND READING.

  • Ord. 2008-28: An Ordinance to Authorize the Mayor and Director of Finance for the City of Grandview Heights, Ohio, to enter into a Supplemental Engagement with Robert W. Baird & Co. for the continued provision of financial advisory services in connection with the proposed Grandview Yard project; and declaring it an emergency. RECORDED AS A SECOND READING. To be reviewed by the Finance Committee.

  • Ord. 2009-25: An Ordinance authorizing the Mayor and Director of Finance to enter into an Agreement with the Village of Marble Cliff, Ohio, to furnish access to recreational facilities and activities, garbage and refuse collection and mainte- nance services, Building Department services, and police, emergency squad, and fire prevention and suppression services, and declaring it an emergency. RECORDED AS A THIRD READING. To be reviewed by the Finance Committee.

  • Ord. 2009-27: An Ordinance amending Chapter 171.03 of the Codified Ordinancesof the City of Grandview Heights, entitled, ACompensation of Mayor=s Court Magistrate@; and declaring it an emergency. RECORDED AS A SECOND READING. To be reviewed by the Finance Committee.

  • Res. 2009-09: A Resolution to amend Rules of Council. RECORDED AS A SECOND READING.

  • Res. 2009-10: A Resolution authorizing the City of Grandview Heights, Ohio to apply for and, if awarded, enter into an Agreement with the Office of the Attorney General for the purpose of administering a DARE grant; and declaring it an emergency. RECORDED AS A SECOND READING. To be reviewed by Safety Committee.

  • New Business

  • Ord. 2009-30: An Ordinance approving of certain plans, specifications, and cost estimates, on file with the Clerk of the Grandview Heights City Council, for the construction or repair of certain sidewalks; to cause certain sidewalks, located at addresses identified on EXHIBIT A (attached hereto), to be constructed and/or repaired in accordance with the plans and specifications on file with the Clerk of the Grandview Heights City Council; to authorize the Director of Building to notify owners of the property listed on EXHIBIT A to construct and/or repair such identified sidewalks in accordance with the plans and specifications approved herein; to set a time limitation within which the owners of the identified property shall construct and/or repair such sidewalks; to authorize the Director of Building to construct and/or repair such identified sidewalks if the owners of the identified property fail to construct the identified sidewalks within the specified time period; to authorize the City of Grandview Heights to assess the identified properties for the construction and/or repair of such sidewalks if the owners of the identified property fail to do so within the specified time; and to authorize the City of Grandview Heights to issue certain bonds or notes to finance said construction or repair in anticipation of receiptof certain assessments, all in accordance with Section 729 of the Ohio Revised Code, and declaring it an emergency. RECORDED AS A FIRST READING. Assigned to the Recreation, Services, and Public Facilities Committee.

  • Comments from Council Members

    …Von Jasinski that in his admiration for the new Fire Chief, who assisted in getting the recording equipment set-up for the meeting, and for his service to the community in various roles, he (VJ) feels that as positions change within the City, Council and the Administration, needs to take a collective look to see if there are opportunities for restructuring departments or how the City operates and provide services to the community.

    …Hastie reported that the local area Republicans and Democrats played in a softball game that raised over $1000 for the Grandview Heights/Marble Cliff Education Foundation. It was a really good time for all and may become an annual event.

    There being no further business the meeting was adjourned at 8:40 p.m.


     
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