Columbus City Council

Office of City Clerk City of Columbus 90 West Broad Street Columbus OH 43215-9015 columbuscitycouncil.org Minutes - Final Columbus City Council ELECTRONIC READING OF MEETING DOCUMENTS AVAILABLE DURING COUNCIL OFFICE HOURS. CLOSED CAPTIONING IS AVAILABLE IN COUNCIL CHAMBERS. ANY OTHER SPECIAL NEEDS REQUESTS SHOULD BE DIRECTED TO THE CITY CLERK'S OFFICE AT 645-7380 BY FRIDAY PRIOR TO THE COUNCIL MEETING. Monday, June 22, 2009 5:00 PM City Council Chambers, Rm 231 REGULAR MEETING NO. 31 OF COLUMBUS CITY COUNCIL, JUNE 22, 2009 at 5:00 P.M. IN COUNCIL CHAMBERS. ROLL CALL Present: 7 - Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley READING AND DISPOSAL OF THE JOURNAL A motion was made by President Pro-Tem Craig, seconded by Ginther, to Dispense with the reading of the Journal and Approve. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley C0017-2009 THE FOLLOWING COMMUNICATIONS WERE RECEIVED IN THE CITY CLERK'S OFFICE AS OF WEDNESDAY JUNE 17, 2009: Transfer Type: D2, D2X, D3, D3A To: Jambo Grill Inc 901 E Dublin Granville Rd Columbus OH 43229 From: Clifford Boling Jr DBA Village Pub 274 E Innis Av 1st Fl & Bsmt Columbus OH 43207 Permit # 4226553 Transfer Type: C1, C2, D6 To: Crystal Market LTD DBA Coughline Market 1505 Schrock Rd Columbus OH 43229 From: Anishi Inc City of Columbus Page 1 Columbus City Council Minutes - Final June 22, 2009 DBA Coughlins Express Mart 1505 Schrock Rd Columbus OH 43229 Permit # 1841962 Advertise: 6/27/2009 Return: 07/06/2009 RESOLUTIONS OF EXPRESSION PALEY 0100X-2009 To declare Saturday, June 27, 2009 "Bean Dinner Day" in the City of Columbus. A motion was made by Paley, seconded by Tavares, that this matter be Adopted. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley ADDITIONS OR CORRECTIONS TO THE AGENDA FR FIRST READING OF 30-DAY LEGISLATION A MOTION WAS MADE BY COUNCILMEMBER CRAIG, SECONDED BY COUNCILMEMBER TYSON TO WAIVE THE READING OF THE TITLES OF FIRST READING LEGISLATION. THE MOTION CARRIED THE FOLLOWING VOTE: AFFIRMATIVE: 7 NEGATIVE: 0 DEVELOPMENT: GINTHER, CHR. CRAIG TYSON MENTEL FR 0740-2009 To amend the 2009 Capital Improvements Budget; to authorize the transfer of cash between projects within the Northland and Other Acquisitions Fund; to authorize the Director of Development to enter into a Guaranteed Maximum Price Reimbursement Agreement with the Columbus Regional Airport Authority for the purpose of conducting a Traffic Impact Study considering NetJets facility expansion; and to authorize the expenditure of $25,633 from the Northland and Other Acquisitions Fund. ($25,633.00) FR 0869-2009 To authorize the Director of the Department of Development to enter into a Jobs Growth Incentive agreement with Syscom Advanced Materials, Inc. in consideration of Syscom's proposed investment of $1.1 million, the retention of 14 full-time permanent employees and the creation of 10 permanent full-time jobs. City of Columbus Page 2 Columbus City Council Minutes - Final June 22, 2009 FR 0872-2009 To authorize the Director of Development to enter into an Enterprise Zone Agreement with WB Sports of Columbus, LLC for a tax abatement of seventy-five percent (75%) for a period of ten (10) years in consideration of a proposed $7.0 million investment in acquisition costs and real property improvements. UTILITIES: PALEY, CHR. CRAIG GINTHER MENTEL FR 0756-2009 To authorize the Director of Public Utilities to enter into an agreement with GE Fanuc Automation Americas Inc for Software Support and Maintenance for the Division of Sewerage and Drainage in accordance with the Sole Source provisions of Columbus City Code, and to authorize the expenditure of $90,270.00 from the Sewerage System Operating Fund, ($90,270.00) FR 0799-2009 To authorize the Director of Finance and Management to enter into a purchase order with CBS Arc Safe for the purchase of a Remote Racking System for the Division of Power and Water; and to authorize the expenditure of $28,955.00 from the Electricity Operating Fund. ($28,955.00) FR 0811-2009 To authorize the Director of Public Utilities to reimburse the Sawmill Athletic Club for over-payment of sewer commodity charges, to authorize a revenue reduction transaction of $35,585.11. ($35,585.11) FR 0819-2009 To authorize the Director of Finance and Management to establish a purchase order with Delaney and Associates Inc for the purchase of Penn Valley Pumps and Parts for the Division of Sewerage and Drainage; and to authorize the expenditure of $59,419.00 from the Sewerage System Operating Fund. ($59,419.00) FR 0829-2009 To authorize the Director of Public Utilities to enter into a service agreement in accordance with sole source provisions of the Columbus City Code with Tom Synnott Associates AKA tsa/Advet for software support of Falcon/DMS software for the Department of Public Utilities, to authorize the expenditure of $9714.00 from the Sewerage System Operating Fund, $8664.42 from the Water Operating Fund, $2590.39 from the Stormwater Operating Fund, $1362.19 from the Electricity Operating Fund. ($22,331.00) FR 0840-2009 To authorize the Director of Public Utilities to contract with AA Programmed Janitorial and Building Maintenance, Inc. for Janitorial Services, for the Division of Sewerage and Drainage; and to authorize the expenditure of $174,192.00 from the Sewerage System Operating Fund ($174,192.00). City of Columbus Page 3 Columbus City Council Minutes - Final June 22, 2009 RULES & REFERENCE: MENTEL, CHR. GINTHER CRAIG PALEY FR 0857-2009 To amend certain sections of Chapter 161 of the Columbus City Codes, 1959. CA CONSENT ACTIONS RESOLUTION OF EXPRESSION CA 0101X-2009 To recognize the 60th anniversary of the Maccabi Usa/Sports For Israel. This Matter was Adopted on the Consent Agenda. FINANCE: MENTEL, CHR. TAVARES CRAIG PALEY CA 0848-2009 To authorize the Finance and Management Director to renew a contract with Kone, Inc. for the maintenance and service of elevators in various City facilities under the purview of the Facilities Management Division; to authorize the expenditure of $156,800.00 from the General Fund; and to declare an emergency. ($156,800.00) This Matter was Approved on the Consent Agenda. CA 0850-2009 To authorize and direct the Finance and Management Director to enter into two (2) contracts for the option to purchase Vehicle Preventive Maintenance (PM) Services from The McGlaughlin Oil Company/Fas Lube, Inc. and Valvoline Instant Oil Change; to authorize the expenditure of two (2) dollars to establish the contracts from the Mail, Print Services and UTC Fund; and to declare an emergency. ($2.00) This Matter was Approved on the Consent Agenda. PUBLIC SERVICE & TRANSPORTATION: CRAIG, CHR. MILLER TAVARES MENTEL CA 0766-2009 To authorize the Director of Public Service to expend $74,200.00 or so much thereof as may be needed from the Street Construction, Maintenance and Repair Fund for the Division of Planning and Operations' use of the Franklin County 800 MHz and 450 MHz radio systems; and to authorize the Director of Public Service to modify the existing Public Service Radio System contract. ($74,200.00) This Matter was Approved on the Consent Agenda. CA 0785-2009 To authorize the Director of Public Service to expend $66,677.71 from the Federal-State Highway Engineering Fund for the purpose of City of Columbus Page 4 Columbus City Council Minutes - Final June 22, 2009 making final payment to CSX for the costs incurred by CSX for the construction of the railroad bridge over Hard Road as part of the Hard Road phase B project. ($66,677.61) This Matter was Approved on the Consent Agenda. CA 0802-2009 To authorize the Director of Finance and Management to establish purchase orders for the purchase of thermoplastic pavement marking materials, glass beads and sign materials for the Division of Planning and Operations per the terms and conditions of four existing citywide universal term contracts with four vendors; to authorize the expenditure of $139,953.40 from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($139,953.40) A motion was made by Ginther, seconded by Tavares, that this matter be Approved. The motion carried by the following vote: Abstained: 1- Hearcel Craig Affirmative: 6- Andrew Ginther, Charleta Tavares, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley CA 0880-2009 To authorize the Director of Public Service to execute all easements, permits and ancillary documents, between the City and Columbus Southern Power Company, an Ohio corporation, necessary for the relocation of its existing overhead transmission lines over various right of way, in the vicinity of Neil Avenue and Vine Street; to authorize the Director of Public Utilities to execute a release of an existing general utility easement in a recorded Affidavit on Facts Relating to Title; and to declare and emergency. This Matter was Approved on the Consent Agenda. SAFETY : GINTHER, CHR. PALEY CRAIG MENTEL CA 0846-2009 To amend the 2009 Capital Improvements Budget; to authorize the City Auditor to transfer $4,011.50 between projects within the Safety Voted Bond Fund; to authorize the Finance and Management Director to modify a contact on behalf of the Facilities Management Division with Mid Ohio Air Conditioning Corporation for installation of two (2) Veltron CFM controls at the Central Safety Building, 120 Marconi Boulevard; to authorize the expenditure of $4,011.50 from the Safety Voted Bond Fund; and to declare an emergency. ($4,011.50) This Matter was Approved on the Consent Agenda. DEVELOPMENT: GINTHER, CHR. CRAIG TYSON MENTEL CA 0838-2009 To accept the application (AN08-018) of Donald and Miriam Jordan for the annexation of certain territory containing 3.1 ± acres in Plain Township. City of Columbus Page 5 Columbus City Council Minutes - Final June 22, 2009 This Matter was Approved on the Consent Agenda. CA 0861-2009 To authorize the submission of a petition to the Board of County Commissioners of Franklin County, Ohio, requesting a change in the boundary lines of Montgomery Township so as to make the boundary lines identical, with the corporate limits of the city of Columbus in the certain portions of Plain Township pursuant to the Annexation Agreement between the City of Columbus, Plain Township and New Albany; and to declare an emergency. This Matter was Approved on the Consent Agenda. CA 0876-2009 To authorize the Director of Development to modify various Empowerment Zone contracts with the Columbus Compact Corporation by extending the term of the contracts an additional 12 months; and to declare an emergency. A motion was made by Ginther, seconded by Tavares, that this matter be Approved. The motion carried by the following vote: Abstained: 1- Priscilla Tyson Affirmative: 6- Andrew Ginther, Charleta Tavares, Hearcel Craig, Michael Mentel, A. Troy Miller, and Eileen Paley ADMINISTRATION: MILLER, CHR. PALEY TAVARES MENTEL CA 0615-2009 To authorize the Director of the Department of Technology on behalf of the Department of Public Utilities, to modify an annual renewal contract with Ventyx Inc., formerly known as Indus Utility Systems, Incorporated for maintenance, support and related services; to authorize the expenditure of $563,591.00 from the Department of Technology Information Services Fund; and to declare an emergency. ($563,591.00) This Matter was Approved on the Consent Agenda. CA 0761-2009 To realign the City of Columbus, Department of Technology's 2009 budget appropriation; to re-allocate the Department of Technology (DoT) cost allocation formula utilized by the Department of Public Utlilities; and to declare an emergency. ($0.00) This Matter was Approved on the Consent Agenda. HEALTH, HOUSING & HUMAN SVC'S: TAVARES, CHR. TYSON MILLER MENTEL CA 0787-2009 To authorize and direct the Health Department to accept additional grant funds from the Ohio Department of Health in the amount of $30,500; to authorize the appropriation of $30,500 from the unappropriated balance of the Health Department Grants Fund. City of Columbus Page 6 Columbus City Council Minutes - Final June 22, 2009 ($30,500) This Matter was Approved on the Consent Agenda. CA 0826-2009 To authorize the Columbus Health Department to enter into a revenue contract with the City of Worthington for the provision of public health services in the amount of $34,571, and to declare an emergency. ($34,571) This Matter was Approved on the Consent Agenda. RECREATION & PARKS: TYSON, CHR. TAVARES PALEY MENTEL CA 0821-2009 To authorize and direct the Director of Recreation and Parks to enter into contract with Jack Conie & Sons Corp. dba Conie Construction Company for the Water Resource Restoration Sponsorship Program (WRRSP) Quarry Wetland Project, to authorize the transfer of appropriation within grant 517038, to authorize the expenditure of $103,000.00 from the Recreation and Parks Grant Fund and the Recreation and Parks Special Purpose Fund; and to declare an emergency. ($103,000.00) This Matter was Approved on the Consent Agenda. APPOINTMENTS CA A0063-2009 Appointment of James Panzer of 220 East Sycamore St. Columbus, Ohio 43206 to serve on the German Village Commission with a term expiration date of June 30, 2012 (resume attached). This Matter was Read and Approved on the Consent Agenda. CA A0064-2009 Appointment of Edward Thiell of 628 Mohawk St. Columbus, Ohio 43206 to serve on the German Village Commission with a term expiration date of June 30, 2012 (resume attached). This Matter was Read and Approved on the Consent Agenda. CA A0065-2009 Appointment of Terrance O'Donell of 615 City Park Ave. Columbus. Ohio 43206 to serve on the German Village Commission with a term expiration date of June 30, 2012 (resume attached). This Matter was Read and Approved on the Consent Agenda. Passed The Consent Agenda Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley EMERGENCY, TABLED AND 2ND READING OF 30-DAY LEGISLATION City of Columbus Page 7 Columbus City Council Minutes - Final June 22, 2009 FINANCE: MENTEL, CHR. TAVARES CRAIG PALEY 0079X-2009 To adopt the 2010 Tax Budget and to authorize and direct the City Auditor to submit said budget to the County and to declare an emergency. TABLED UNTIL 07/06/09 PENDING PUBLIC HEARING A motion was made by President Mentel, seconded by Tavares, that this matter be Tabled to Certain Date. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley 0868-2009 To authorize the Director of Finance and Management to apply for and to accept American Recovery and Reinvestment Act funding of up to $7,403,500 in formula allocation to the City of Columbus under the U.S. Department for the Energy's Efficiency and Conservation Block Grant; and to declare an emergency. ($0.00) A motion was made by President Mentel, seconded by President Pro-Tem Craig, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley PUBLIC SERVICE & TRANSPORTATION: CRAIG, CHR. MILLER TAVARES MENTEL 0781-2009 To authorize the Director of Public Service to enter into a contract with the Franklin County Engineer for construction of the Cooke Road over Adena Brook structure for the Division of Planning and Operations; to authorize the expenditure of $170,000.00 from the Streets and Highways G.O. Bonds Fund; to waive competitive bidding provisions of Chapter 329 of the Columbus City Code; and to declare an emergency. ($170,000.00) A motion was made by President Pro-Tem Craig, seconded by Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley 0796-2009 To authorize the Director of Public Service to enter into contract with the Complete General Construction Company for construction of the Williams Roadway and Stormwater Pump Station Replacement Project for the Division of Design and Construction; to authorize the transfer of $758,939.15 within and from the Storm Sewer Bonds Fund for the Division of Sewerage and Drainage to the State Issue II Street Projects Fund; to amend the 2009 Capital Improvements Budget; to authorize the expenditure of $2,442,989.08 from the State Issue Two Street Projects Fund; and to declare an emergency. ($2,442,989.08) City of Columbus Page 8 Columbus City Council Minutes - Final June 22, 2009 A motion was made by President Pro-Tem Craig, seconded by Ginther, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley DEVELOPMENT: GINTHER, CHR. CRAIG TYSON MENTEL 0544-2009 To adopt the Urban, Community, and/or Regional Commercial Overlays for portions of the Lockbourne Road corridor, portions of East Main and East Broad Streets, portions of Fifth and Cleveland Avenues, and portions of Bethel Road, SR 161, and Sawmill Road; and to adopt seven additional revisions to the commercial overlays to provide clarification on overlay applicability and extent and correct clerical discrepancies. A motion was made by Ginther, seconded by President Pro-Tem Craig, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley ADMINISTRATION: MILLER, CHR. PALEY TAVARES MENTEL 0820-2009 To accept Memorandum of Understanding #2009-01 executed between representatives of the City of Columbus and the Columbus Municipal Association of Government Employees/CWA (CMAGE/CWA) Local 4502, which amends the Collective Bargaining Contract August 24, 2005 through August 23, 2008; and to declare an emergency. A motion was made by Miller, seconded by Ginther, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley UTILITIES: PALEY, CHR. CRAIG GINTHER MENTEL 0854-2009 To authorize and direct the Finance and Management Director to modify and extend the UTC for the option to purchase Specialty & Industrial Gases with DeLille Oxygen Company, Airgas Great Lakes, Inc and Valley National Gases, Inc.; and to declare an emergency. A motion was made by Paley, seconded by President Pro-Tem Craig, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley HEALTH, HOUSING & HUMAN SERVICES: TAVARES, CHR. TYSON MILLER MENTEL City of Columbus Page 9 Columbus City Council Minutes - Final June 22, 2009 0824-2009 To authorize the appropriation of $380,342 from the unappropriated balance of the General Government Grants Fund to the Health Department for the 2009 Housing Opportunities for Persons with AIDS (HOPWA) Program; and to declare an emergency. ($380,342) A motion was made by Tavares, seconded by Tyson, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley 0825-2009 To authorize the Board of Health to enter into a revenue contract with the Columbus City Schools for the provision of physician services in an amount not to exceed $65,000; and to declare an emergency. ($65,000) A motion was made by Tavares, seconded by Tyson, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley RECREATION & PARKS: TYSON, CHR. TAVARES PALEY MENTEL 0843-2009 To authorize and direct the Director of Recreation and Parks to accept two grants in the amount of $450,874.00 and enter into seven (7) contracts for the expansion of congregate and home-delivered meals for older adults, to authorize an appropriation of $450,874.00 from the unappropriated balance of the Recreation and Parks Grant Fund to the Recreation and Parks Department; and to declare an emergency. ($450,874.00) A motion was made by Tyson, seconded by Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley 0849-2009 To authorize and direct the Director of Recreation and Parks to enter into contract with the Columbus Public Schools Food Service in conjunction with the 2009 Summer Food Services Program, to authorize the expenditure of $2,214,000.00 from the Recreation and Parks Grant Fund; and to declare an emergency. ($2,214,000.00) A motion was made by Tyson, seconded by President Pro-Tem Craig, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley RULES & REFERENCE: MENTEL, CHR. GINTHER CRAIG PALEY 0151-2009 To amend sections in Chapter 3381 of the Columbus Zoning Code, City of Columbus Page 10 Columbus City Council Minutes - Final June 22, 2009 Title 33, Chapter 4114 of the Columbus Building Code, Title 41, and various sections of Title 11, Water, Sewer and Electricity Code, in order to remove local testing requirements for locally registered contractors; to create a new classification of Water Contractor; and to provide for emergency permitting for the completion of work when an unlicensed contractor is removed from a work site. A motion was made by Ginther, seconded by Tyson, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley THERE WILL BE NO COUNCIL MEETING ON MONDAY, JUNE 29. THE NEXT REGULAR MEETING WILL BE MONDAY, JULY 6. HAVE A SAFE AND HAPPY 4TH OF JULY! ADJOURNMENT ADJOURNED: 6:21 P.M. A motion was made by President Pro-Tem Craig, seconded by Ginther, to adjourn this Regular Meeting. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley City of Columbus Page 11