Columbus City Council
Regular MeetingColumbus, OH · October 26, 2009
Minutes
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, October 26, 2009 5:00 PM City Council Chambers, Rm 231
REGULAR MEETING NO. 47 OF COLUMBUS CITY COUNCIL, OCTOBER
26, 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
C0027-2009 THE FOLLOWING COMMUNICATIONS WERE RECEIVED IN THE
CITY CLERK'S OFFICE AS OF WEDNESDAY OCTOBER 21, 2009:
Transfer Type: C1, C2, D6
To: Sinba Inc
DBA 14-0 Express Carryout
1481 N High St
Columbus OH 43201
From: Israa Inc
DBA Sammys 14-0 Express Carryout
1481 N High St
Columbus OH 43201
Permit # 8184597
Transfer Type: D5, D6
TO: CH Inc
3779 S Hamilton Rd & Patio
Columbus OH 43219
From: Spartan Mongo IV Inc
DBA BD S Mongolian Barbeque
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Columbus City Council Minutes - Final October 26, 2009
3977 Worth Av & Patio
Columbus OH 43219
Permit # 11643750135
Transfer Type: C1, C2, D6
To: A & A Westerville Inc
DBA Super Save Gas Food Center
2835 Westerville Rd
Columbus OH 43224
From: Adrees Inc
DBA Super Save Gas Food Center
2835 Westerville Rd
Columbus OH 43224
Permit # 0003178
Transfer Type: C1, C2, D6
To: 1540 Mound Inc
DBA Kwik Stop Drive Thru
1540 W Mound St
Columbus OH 43223
From: Moazzam Inc
DBA Kwik Stop Drive Thru
1540 W Mound St
Columbus OH 43223
Permit # 6548373
Transfer Type: D1, D3, D3A
To: Giovannis City Limits LLC
5610 Hall Rd
Columbus OH 43119
From: City Limits Café LLC
5610 Hall Rd
Columbus OH 43119
Permit # 3200245
Transfer Type: D2
To: Noodle Shop Co Colorado Inc
Noodles
5065 N Hamilton Rd & Patio
Columbus OH 43230
From: Noodle Shop Co Colorado Inc
DBA Noodles 753
2124 N High Street & Patio
Columbus OH 43201
Permit # 64316440086
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Columbus City Council Minutes - Final October 26, 2009
Transfer Type: C1, C2
To: Dewane Inc
DBA Northland Market
4312 Karl Rd
Columbus OH 43224
From: 4312 Karl Rd Inc
DBA Northland Market
4312 Karl Rd
Columbus OH 43224
Permit # 2111979
Advertise: 10/31/2009
Return: 11/10/2009
RESOLUTIONS OF EXPRESSION
GINTHER
0166X-2009 To endorse Issue 47 and support the South-Western City School
District Operating Levy.
A motion was made by Ginther, seconded by Tyson, 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
TAVARES
0165X-2009 To recognize and Endorse the passage of Issue 4 Franklin County
Children Services Levy.
A motion was made by Tavares, seconded by President Pro-Tem Craig, that
this matter be Adopted. The motion carried by the following vote:
Absent@vote: 1- Andrew Ginther
Affirmative: 6- Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy
Miller, and Eileen Paley
ADDITIONS OR CORRECTIONS TO THE AGENDA
THE FOLLOWING ITEMS WERE REMOVED FROM THE CONSENT PORTION OF tHE
AGENDA AND VOTED ON LATER IN THE MEETING
THE FOLLOWING ITEMS WERE REMOVED FROM THE CONSENT PORTION OF
tHE AGENDA AND VOTED ON LATER IN THE MEETING
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Columbus City Council Minutes - Final October 26, 2009
UTILITIES: 1253-2009
PUBLIC SERVICE & TRANSPORTATION: 1298-2009
A MOTION WAS MADE BY COUNCILMEMBER PALEY, 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
FR FIRST READING OF 30-DAY LEGISLATION
DEVELOPMENT: GINTHER, CHR. CRAIG TYSON MENTEL
FR 1373-2009 To assess certain properties for the cost for demolishing structures
found to be public nuisances.
FR 1387-2009 To accept the application (AN09-004) of Sharon Scales and Theresa
Schreck for the annexation of certain territory containing 0.5 ± acres in
Prairie Township.
UTILITIES: PALEY, CHR. CRAIG GINTHER MENTEL
FR 1301-2009 To authorize the Director of Finance and Management to establish a
purchase order with Capp Inc for the purchase of Asco Gas Shut-Off
Valves for the Division of Sewerage and Drainage, and to authorize
the expenditure of $26,890.65 from the Sewerage System Operating
Fund. ($26,890.65)
CA CONSENT ACTIONS
RESOLUTIONS OF EXPRESSION
CRAIG
CA 0161X-2009 To honor and recognize the contributions of The Columbus Northern
Lions Club as the organization celebrates 60 years of service in the
City of Columbus.
GINTHER
CA 0167X-2009 To recognize and honor Melvin Ross for his 30 years of exceptional
service to the State of Ohio.
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Columbus City Council Minutes - Final October 26, 2009
TYSON
CA 0164X-2009 To celebrate the illustrious career of jazz legend Dr. Benny Golson,
and to welcome this internationally renowned artist to Columbus.
CA 0169X-2009 To celebrate the illustrious career of Congresswoman Maxine Waters
and honor her recognition as the 2009 Jacob Julian Ashburn
Community Leadership Award recipient.
FINANCE: MENTEL, CHR. TAVARES CRAIG PALEY
CA 1278-2009 To authorize the Finance and Management Director to renew a
contract for the Facilities Management Division with Winnscapes for
snow removal services for various City facilities; and to authorize the
expenditure of $38,376.00 from the General Fund. ($38,376.00)
CA 1392-2009 To authorize the Finance and Management Director to enter into a
contract on behalf of the Office of Construction Management with
Proline Electric, Inc. for the installation of an ice melt system for the
Jerry Hammond Center, 1111 East Broad Street; to authorize the
expenditure of $78,550.00 from the 1111 East Broad Street
Operations Fund; and to declare an emergency. ($78,550.00)
CA 1456-2009 To authorize the Finance and Management Director to modify and
increase a contract with Kone, Inc. for emergency repairs to the North
West elevator at City Hall, 90 West Broad Street; to authorize the
expenditure of $78,003.00 from the Capital Improvements Budget in
the Facility Renovations - Various Projects fund; and to declare an
emergency. ($78,003.00)
PUBLIC SERVICE & TRANSPORTATION: CRAIG, CHR. MILLER TAVARES
MENTEL
CA 1256-2009 To transfer all sidewalk waiver fees currently in the Sidewalk Waiver
Fund Project in the General Permanent Improvement Fund into a fund
to be established by the City Auditor for sidewalk and bikeway capital
improvement projects use in specific Community Planning Areas.
CA 1380-2009 To authorize the Director of Public Service to prepare and execute an
application for federal grant funding to improve portions of Town
Street and Dana Avenue in Franklinton for the Safe Routes to Schools
(SRTS) program through the Ohio Department of Transportation
(ODOT); for the Division of Mobility Options; and to declare an
emergency. ($-0-)
CA 1383-2009 To authorize the Director of Public Service to prepare and execute an
application for federal grant funding to improve portions of Valleyview
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Drive and Hague Avenue for the Safe Routes to Schools (SRTS)
program through the Ohio Department of Transportation (ODOT) for
the Division of Mobility Options; and to declare an emergency. ($-0-)
SAFETY : GINTHER, CHR. PALEY CRAIG MENTEL
CA 1299-2009 To authorize the payment of $3,213.62 for vacation time and benefits
which have accumulated in excess of the maximum amount
established by salary ordinance for Fire Division personnel.
($3,213.62)
CA 1319-2009 To authorize and direct the Finance & Management Director to enter
into three (3) UTC contracts for the option to purchase Personal
Safety Products with Safety Solutions, Inc., Jendco Safety Supply and
Fire Safety Services, Inc., to authorize the expenditure of three (3)
dollars to establish the contracts from the Mail, Print Services and
UTC Fund; and to declare an emergency. ($3.00)
CA 1327-2009 To establish fund No. 223-309, titled "Feed-Police Horses Only" and
to authorize the Public Safety Director to expend said monies solely
for the purpose of feeding horses in the Division of Police Mounted
Unit. ($2,500.00)
DEVELOPMENT: GINTHER, CHR. CRAIG TYSON MENTEL
CA 1386-2009 To amend Ordinance 1150-2009, passed September 21, 2009, for the
purpose of replacing EJ Lawn Service with Higher Ground Commercial
Maintenance LLC to provide additional grass mowing and litter control
services as part of the Weed Abatement Program; and to declare an
emergency.
UTILITIES: PALEY, CHR. CRAIG GINTHER MENTEL
CA 0156X-2009 To declare the necessity and intent to appropriate permanent
easements in, over, under and through real estate in connection with
the Franklin Main Sanitary Subtrunk Project Phase III, and to declare
an emergency.
CA 1059-2009 To authorize the Director of Public Utilities to enter into an agreement
with the Mid-Ohio Regional Planning Commission (MORPC) for the
purposes of providing funding and support for the Franklin County
Greenway Plan for Fiscal Year 2010, and to authorize the expenditure
of $26,100.00 from the Sanitary Sewer Operating Fund, $23,280.00
from the Water Operating Fund, $6,960.00 from the Storm Sewer
Operating Fund and $3,660.00 from the Electricity Operating Fund.
($60,000.00)
A motion was made by President Pro-Tem Craig, seconded by Ginther, that
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Columbus City Council Minutes - Final October 26, 2009
this matter be Approved. The motion carried by the following vote:
Abstained: 1- Charleta Tavares
Affirmative: 6- Andrew Ginther, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy
Miller, and Eileen Paley
CA 1205-2009 To authorize the Director of Public Utilities to enter into a planned
contract modification with 360water, Inc. in the amount of $280,125.00
for professional services in connection with Facilities and Safety
Training Management and Documentation Services; to authorize the
expenditure of $215,365.00 from the Sewer System Operating Fund;
and $64,760.00 from the Water Systems Operating Fund.
($280,125.00)
CA 1215-2009 To authorize the Director of Public Utilities to enter into a modification
of the Utility Cut and Restoration Project contract with Decker
Construction Company, for the Division of Power and Water, to
authorize the expenditure of $500,000.00 from Water Systems
Operating Fund. ($500,000.00)
CA 1226-2009 To authorize the Director of Public Utilities to modify an existing
contract with Asplundh Tree Expert Co. for power line clearance
services for the Division of Power and Water; to authorize the
expenditure of $40,000.00 from the Electricity Operating Fund.
($40,000.00)
CA 1254-2009 To authorize the Director of Finance and Management to enter into a
contract with BissNuss, Inc. for the purchase Electronic Load Cells
and Indicators for the Division of Power and Water and to authorize
the expenditure of $33,026.00 from the Water Operating Fund.
($33,026.00)
CA 1261-2009 To authorize the Director of Finance and Management to issue a
Blanket Purchase Order from an established Universal Term Contract
for the purchase of Polymer with Fort Bend Services., for the Division
of Sewerage and Drainage; to authorize the expenditure of
$500,000.00 from the Sewerage System Operating Fund.
($500,000.00)
CA 1266-2009 To authorize the Director of Public Utilities to pay operating license
fees for the three water treatment plants to the Treasurer, State of
Ohio, Ohio Environmental Protection Agency, for the Division of Power
and Water; and to authorize the expenditure of $209,000.00 from the
Water Systems Operating Fund. ($209,000.00)
CA 1268-2009 To authorize the Director of Public Utilities to modify an agreement on
behalf of the City of Columbus between Kurtz Brothers Central Ohio,
LLC and the Solid Waste Authority of Central Ohio, for the design,
construction and operation of the Organic Waste Recovery and Reuse
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Columbus City Council Minutes - Final October 26, 2009
System Project, and to authorize the expenditure of $150,000.00 from
the Sewer System Operating Fund. ($150,000.00)
A motion was made by President Pro-Tem Craig, seconded by Ginther, that
this matter be Approved. The motion carried by the following vote:
Abstained: 2- Hearcel Craig, and Michael Mentel
Affirmative: 5- Andrew Ginther, Charleta Tavares, Priscilla Tyson, A. Troy Miller, and
Eileen Paley
CA 1269-2009 To authorize the Director of Public Utilities to pay the annual
Discharge Fees for Fiscal Year 2009 to the State of Ohio, Ohio
Environmental Protection Agency for the Division of Sewerage and
Drainage; and to authorize the expenditure of $82,800.00 from the
Sewerage System Operating Fund. ($82,800.00)
CA 1282-2009 To authorize the Director of Public Utilities to renew a membership
with the National Association of Clean Water Agencies for the Division
of Sewerage and Drainage and to authorize the expenditure of
$26,566.00 from the Sewerage System Operating Fund ($26,566.00)
CA 1284-2009 To authorize the Director of Public Utilities to enter into a professional
engineering services contract with Chester Engineers, in connection
with the Large Diameter Sewer Assessment - Alum Creek Trunk
(North) / Alum Creek SubTrunk Project; and to authorize the
appropriation and transfer of funds from the Sanitary Sewer Reserve
Fund in the amount of $663,237.56, to the Voted Sanitary Sewer Bond
Fund. ($663,237.56)
CA 1286-2009 To authorize the Director of Public Utilities to enter into an agreement
with Environmental Systems Corporation for the complete upgrade of
the Emissions Monitoring Systems under the Sole Source provisions
of the Columbus City Code for the Division of Sewerage and
Drainage, and to authorize the expenditure of $99,561.66 from the
Sewerage System Operating Fund, ($96,561.66)
CA 1293-2009 To authorize the Director of Finance and Management to establish a
Blanket Purchase Order for Sludge Grinder Equipment Repair Parts
and Service from a Universal Term Contract with JWC Environmental;
and to authorize the expenditure of $67,000.00 from the Sewerage
System Operating Fund. ($67,000.00)
CA 1306-2009 To authorize the City Attorney to file the necessary complaints for the
appropriation of fee simple title and lesser interests in and to real
estate necessary for the Big Walnut/Rickenbacker Sanitary Interceptor
Sewer Project, and to declare an emergency.
CA 1311-2009 To authorize the City Attorney to file the necessary complaints for the
appropriation of permanent easements in and to real estate necessary
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Columbus City Council Minutes - Final October 26, 2009
for the Portage Grove Area Sanitary Improvement Project, and to
declare an emergency.
CA 1328-2009 To authorize the Director of Finance and Management to establish a
purchase order with Amerisochi Inc for the purchase of ABB Low
Voltage Drives for the Division of Sewerage and Drainage, and to
authorize the expenditure of $56,153.00 from the Sewerage System
Operating Fund. ($56,153.00)
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
PUBLIC SERVICE & TRANSPORTATION: CRAIG, CHR. MILLER
TAVARES MENTEL
135-2009 To authorize the Director of Public Service to enter into a professional
service contract with ms consultants, Inc., for the preliminary
engineering of the James Road/Stelzer Road project; to appropriate
and authorize the expenditure of $500,000.00 from the General
Government Grant Fund for the Division of Planning and Operations;
and to declare an emergency. ($500,000.00)
A motion was made by President Pro-Tem Craig, seconded by Ginther, that
this matter be Approved. The motion carried by the following vote:
Abstained: 1- Michael Mentel
Affirmative: 6- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, A. Troy
Miller, and Eileen Paley
1298-2009 To authorize the Director of the Department of Public Service to
execute those documents necessary for the City to grant
encroachment easements for the proposed building foundations,
building facades, solariums and balconies, and cornice within those
public rights-of-way needed for the East Village, Phase I, Project and
to declare an emergency.
A motion was made by President Pro-Tem Craig, seconded by Ginther, that
this matter be Amended to Emergency. 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
1298-2009 To authorize the Director of the Department of Public Service to
execute those documents necessary for the City to grant
encroachment easements for the proposed building foundations,
building facades, solariums and balconies, and cornice within those
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Columbus City Council Minutes - Final October 26, 2009
public rights-of-way needed for the East Village, Phase I, Project and
to declare an emergency.
A motion was made by President Pro-Tem Craig, seconded by Ginther, that
this matter be Approved as Amended. 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
1275-2009 To authorize the Director of Development to enter into an Enterprise
Zone Agreement with Continental/Olentangy Hotel, LLC for a tax
abatement of seventy-five percent (75%) for a period of ten (10) years
in consideration of a proposed $13.6 million investment in real
property improvements.
A motion was made by Ginther, seconded by Tavares, that this matter be
Amended as submitted to the Clerk. The motion carried by the following vote:
Abstained: 1- Michael Mentel
Affirmative: 6- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, A. Troy
Miller, and Eileen Paley
1275-2009 To authorize the Director of Development to enter into an Enterprise
Zone Agreement with Continental/Olentangy Hotel, LLC for a tax
abatement of seventy-five percent (75%) for a period of ten (10) years
in consideration of a proposed $13.6 million investment in real
property improvements.
A motion was made by Ginther, seconded by Tyson, that this matter be
Approved as Amended. The motion carried by the following vote:
Abstained: 1- Michael Mentel
Affirmative: 6- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, A. Troy
Miller, and Eileen Paley
UTILITIES: PALEY, CHR. CRAIG GINTHER MENTEL
1271-2009 To authorize the City Attorney to acquire fee simple title and lesser
interests; to contract for professional services; to authorize the transfer
of $45,000.00 within the Storm Sewer Bonds Fund; to amend the
2009 Capital Improvements Budget; to authorize the expenditure of
$45,000.00 from the Storm Sewer Bonds Fund for the Department of
Public Utilities, Sewerage and Drainage Division for costs in
connection with the Maryland Avenue/Denver Avenue Stormwater
Project; and to declare an emergency. ($45,000.00)
A motion was made by Paley, seconded by Tavares, that this matter be
Approved. The motion carried by the following vote:
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Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael
Mentel, A. Troy Miller, and Eileen Paley
1253-2009 This legislation authorizes the Director of Public Utilities to execute a
planned contract modification (#3) for professional engineering
services with DLZ Ohio, Inc. in connection with the Olentangy-Scioto
Interceptor Sewer (OSIS) Augmentation and Relief Sewer (OARS); to
authorize the appropriation and transfer of $2,139,082.82 from the
Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond
Fund; to authorize the expenditure of $2,139,082.82 from the Voted
Sanitary Sewer Bond Fund; and to amend the 2009 Capital
Improvements Budget. ($2,139,082.82)
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 SVC'S: TAVARES, CHR. TYSON MILLER
MENTEL
1420-2009 To authorize and direct the Board of Health to enter into various
community contracts to support H1N1 vaccination clinics; to authorize
the expenditure of $279,149 from the Health Department Grants Fund;
to waive the competitive bidding provisions of the Columbus City
Codes; and to declare an emergency. ($279,149)
A motion was made by Tavares, 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
RECREATION & PARKS: TYSON, CHR. TAVARES PALEY MENTEL
1337-2009 To authorize the Director of Recreation and Parks to accept a grant in
the amount of $1,000,000.00 and enter into an agreement with the
State of Ohio, acting by and through the Ohio Cultural Facilities
Commission, to appropriate these funds to the Recreation and Parks
Grant Fund; and to declare an emergency. ($1,000,000.00)
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
1364-2009 To authorize and direct the Director of Recreation and Parks to accept
a grant in the amount of $3,019,500.00 and enter into an agreement
with the Ohio Department of Natural Resources for funding to support
the development of the Scioto Riverfront Park System, to authorize an
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appropriation of $3,019,500.00 from the unappropriated balance of the
Recreation and Parks Grant Fund to the Recreation and Parks
Department; and to declare an emergency. ($3,019,500.00)
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
ADJOURNMENT
ADJOURNED: 6:34
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
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