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, November 2, 2009 5:00 PM City Council Chambers, Rm 231 REGULAR MEETING NO. 49 OF COLUMBUS CITY COUNCIL, NOVEMBER 2, 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 C0028-2009 THE FOLLOWING COMMUNICATIONS WERE RECEIVED IN THE CITY CLERK'S OFFICE AS OF WEDNESDAY OCTOBER 28, 2009: New Type: D5D To: Applebaum Enterprises Inc 4600 International Gateway Dr Columbus OH 43219 Permit # 0249911 New Type: C1, C2, D6 To: OM Shiv Shankar LLC DBA Parkville Market 5705-07 Parkville Columbus OH 43229 Permit # 6547028 New Type: C1, C2 To: Obrogan Holdings LLC 1457 Schrock Rd Columbus OH 43229 City of Columbus Page 1 Columbus City Council Minutes - Final November 2, 2009 Permit # 6495686 Transfer Type: D1, D2 To: Ohio Dominican University Bishop Griffin Student Center 1216 Sunbury Rd Columbus OH 43219 From: Ohio Dominican University Bldg 1 Fitzpatrick Hall Bsmt Bldg 2 Sansbury Hall 1st Fl Bldg 3 Hamilton Hall 1st Fl 1216 Sunbury Rd Columbus OH 43219 Permit # 65173900006 Transfer Type: C1, C2 To: Inverness Way LLC 5051 Roberts Rd Columbus OH 43228 From: Nurvona LLC 5051 Roberts Rd Columbus OH 43228 Permit # 4151555 Transfer Type: D1, D2, D3 To: Porters Pub LLC 5225 N High St Columbus OH 43214 From: Aztecas LLC DBA Aztecas Mexican Restaurant 5225 N High St Columbus OH 43214 Permit # 7034800 Transfer Type: C1, C2 To: La Michoacana Mexican Market #4 LLC DBA La Michoacana Mexican Market 7 534 Norton Rd Columbus OH 43228 From: FCP LLC DBA Brandenberry Cardinal 534 Norton Rd Columbus OH 43228 Permit # 4957196 City of Columbus Page 2 Columbus City Council Minutes - Final November 2, 2009 Advertise: 11/07/2009 Return: 11/18/2009 ADDITIONS OR CORRECTIONS TO THE AGENDA FR FIRST READING OF 30-DAY LEGISLATION 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 DEVELOPMENT: GINTHER, CHR. CRAIG TYSON MENTEL FR 1419-2009 To accept the application (AN09-003) of Garry L. and Pamela S. Rowe for the annexation of certain territory containing 4.8± acres in Plain Township. FR 0162X-2009 A Resolution of support for MORPC's application for funding to facilitate the development of a balanced growth plan for the Olentangy River Watershed; and further to express the City's intention to participate actively in the Watershed Planning Partnership. ADMINISTRATION: MILLER, CHR. PALEY TAVARES MENTEL FR 1305-2009 To authorize the Finance and Management Director to extend the existing service agreement with Lease Harbor LLC, under the same terms and conditions for the first of two (2) additional one (1) year renewal terms, for the provision of web-based database management software, support, and related services for the administration of the City's real property and lease portfolio; and to authorize the expenditure of $23,000.00 from the General Fund. ($23,000) UTILITIES: PALEY, CHR. CRAIG GINTHER MENTEL FR 1338-2009 To authorize the Director of Public Utilities to enter into an agreement with the Ohio Wetlands Foundation for a deposit against the purchase of wetland mitigation credits for the Division of Power and Water's Upground Reservoir project site; to authorize the transfer and expenditure of $60,000.00 within the Water Works Enlargement Voted Bonds Fund; and to amend the 2009 Capital Improvements Budget. ($60,000.00) ZONING: TYSON, CHR. CRAIG GINTHER MILLER PALEY TAVARES MENTEL City of Columbus Page 3 Columbus City Council Minutes - Final November 2, 2009 FR 1393-2009 To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; and 3372.809 A., Parking and circulation, of the Columbus City Codes; for the property located at 1953 MORSE ROAD (43229), to permit motor vehicle fuel sales and a car wash in conjunction with convenience retail sales with an increase in the maximum number of required parking spaces in the C-4, Commercial District (Council Variance CV09-011). FR 1394-2009 To rezone 1382 GRANDVIEW AVENUE (43212), being 0.81± acres located on the east side of Grandview Avenue, 125± feet north of West Third Avenue, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z09-030). CA CONSENT ACTIONS RESOLUTIONS OF EXPRESSION CRAIG CA 0163X-2009 To honor and recognize the contributions of Esther Simmons in bettering the lives of disabled residents in the City of Columbus. This Matter was Adopted on the Consent Agenda. FINANCE: MENTEL, CHR. TAVARES CRAIG PALEY CA 1462-2009 To authorize the Director of the Department of Finance and Management to execute a second amendment to the Sale/Lease Agreement with the County Commissioners of Franklin County for the property located 2460 and 2655 Jackson Pike; and to declare an emergency. This Matter was Approved on the Consent Agenda. PUBLIC SERVICE & TRANSPORTATION: CRAIG, CHR. MILLER TAVARES MENTEL CA 1388-2009 To authorize the Director of Public Service to enter into contract with Advantage Sign Supply, Inc. in the amount of up to $14,220.00 for the purchase of an edge printer; to authorize the expenditure of up to $14,220.00 for this purchase from the General Permanent Improvement Fund; and to declare an emergency. ($14,220.00) (REPEALED BY ORD. 1546-2009 PASSED 11/23/2009) City of Columbus Page 4 Columbus City Council Minutes - Final November 2, 2009 This Matter was Approved on the Consent Agenda. CA 1405-2009 To authorize the City Attorney's Office, Real Estate Division, to begin acquisition of the rights-of-way needed for the Universal Road Reconstruction project; to authorize the expenditure of $90,000.00 or so much thereof as may be necessary to allow for the acquisition of these rights-of-way from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($90,000.00) This Matter was Approved on the Consent Agenda. SAFETY : GINTHER, CHR. PALEY CRAIG MENTEL CA 1214-2009 To authorize the Finance and Management Director to assign to Mistras Group, Inc., a contract with Conam Inspection; and to declare an emergency. ($-0-) This Matter was Approved on the Consent Agenda. CA 1303-2009 To authorize and direct the Director of Finance and Management, on behalf of the Division of Support Services, to establish a purchase order with TC Communications, Inc. to purchase Voice-Over Internet Protocol (VOIP) equipment in order to maintain the Division of Police and Fire Communication Systems located at Fire Station #25; to authorize the expenditure of $6,750.00 from the General Fund, and to declare an emergency. ($6,750.00). This Matter was Approved on the Consent Agenda. DEVELOPMENT: GINTHER, CHR. CRAIG TYSON MENTEL CA 1373-2009 To assess certain properties for the cost for demolishing structures found to be public nuisances. This Matter was Approved on the Consent Agenda. CA 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. This Matter was Approved on the Consent Agenda. CA 1440-2009 To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of three parcels of real property held in the Land Bank pursuant to the Land Reutilization Program; and to declare an emergency. City of Columbus Page 5 Columbus City Council Minutes - Final November 2, 2009 This Matter was Approved on the Consent Agenda. ADMINISTRATION: MILLER, CHR. PALEY TAVARES MENTEL CA 1309-2009 To authorize the Director of the Department of Finance and Management, for the Department of Technology and on behalf of various city agencies to establish a purchase order with Echo 24 Inc. for the acquisition of voice/data wiring services and parts associated with various connectivity projects; to authorize the expenditure of $16,100.00 from the Information Services Fund; and to declare an emergency. ($16,100.00) This Matter was Approved on the Consent Agenda. JUDICIARY & COURT ADMINISTRATION: PALEY, CHR. CRAIG TYSON MENTEL CA 1403-2009 To authorize the Administrative and Presiding Judge of the Franklin County Municipal Court to modify the contract with Asist, Inc. for language interpreter services for the Franklin County Municipal Court; to authorize the expenditure of an amount not to exceed $30,000.00 from the General Fund; and to declare an emergency. ($30,000.00) This Matter was Approved on the Consent Agenda. UTILITIES: PALEY, CHR. CRAIG GINTHER MENTEL CA 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) This Matter was Approved on the Consent Agenda. HEALTH, HOUSING & HUMAN SVC'S: TAVARES, CHR. TYSON MILLER MENTEL CA 1381-2009 To authorize and direct the Columbus Health Department to accept grant funds from the Ohio Department of Health in the amount of $17,740 for the STD Control Program, to authorize the appropriation of $17,740 from the Health Department Grants Fund; and to declare an emergency. ($17,740) This Matter was Approved on the Consent Agenda. City of Columbus Page 6 Columbus City Council Minutes - Final November 2, 2009 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 FINANCE: MENTEL, CHR. TAVARES CRAIG PALEY 1436-2009 To authorize the Finance and Management Director to enter into a contract on behalf of the Facilities Management Division with Carrier Commercial Service for the purchase of software for the HVAC control system at the East Side Health Center; to authorize the expenditure of $5,106.00 from the Neighborhood Health Center Capital Reserve Fund; to waive the competitive bidding requirements of the Columbus City Codes; and to declare an emergency. ($5,106.00) A motion was made by President Mentel, 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 PUBLIC SERVICE & TRANSPORTATION: CRAIG, CHR. MILLER TAVARES MENTEL 1391-2009 To authorize the Director of Public Service to apply to the Ohio Department of Natural Resources, Division of Recycling & Litter Prevention to facilitate an abatement effort to remove litter from the Parson's Avenue corridor leading into Columbus Southside neighborhoods with highly visible destination areas and accept said grant if awarded; to authorize the appropriation of $2,000.00 within the General Government Grant Fund; to authorize the expenditure of $2,000.00 or so much thereof as may be needed for this purpose from the General Government Grant Fund; and to declare an emergency. ($2,000.00) A motion was made by President Pro-Tem Craig, seconded by Ginther, that this matter be Approved. The motion carried by the following vote: Affirmative: 7- Andrew Ginther, Charleta Tavares, Hearcel Craig, Priscilla Tyson, Michael Mentel, A. Troy Miller, and Eileen Paley SAFETY : GINTHER, CHR. PALEY CRAIG MENTEL 1437-2009 To accept Memorandum of Understanding #2009-02 executed between representatives of the City of Columbus and Columbus Firefighters Union Local 67 IAFF, which agreement creates a successor collective bargaining agreement to the 2007-2010 collective bargaining agreement; and to declare an emergency. City of Columbus Page 7 Columbus City Council Minutes - Final November 2, 2009 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 1258-2009 To authorize the Director of the Department of Finance and Management, on behalf of the Department of Technology to establish purchase orders with Pomeroy IT Solutions, Logos Communications Inc. and Echo 24 Inc. for the acquisition of equipment, professional and related services associated with the Metronet's Telephone Services Voice Over Internet Phone project; to authorize the transfer of appropriation and cash between projects in the Information Services Bond Fund; to amend the 2009 Capital Improvement Budget; to authorize the expenditure of $199,637.95 from the Information Services Bond Fund; and to declare an emergency. ($199,637.95) 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 JUDICIARY & COURT ADMINISTRATION: PALEY, CHR CRAIG TYSON MENTEL 1402-2009 To authorize the Administrative and Presiding Judge of the Franklin County Municipal Court to accept an addendum to the grant award from the State of Ohio, Department of Rehabilitation and Correction, for enhanced probationary services; to appropriate $200,000 from the unappropriated balance of the General Government Grant Fund; and to declare an emergency. ($200,000.00) 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 UTILITIES: PALEY, CHR. CRAIG GINTHER MENTEL 1374-2009 To authorize the Director of Public Utilities to execute a construction contract with Complete General Construction Company for the 3568 Indianola Avenue Trench Drain Project; for the Division of Power and Water; to provide for payment of inspection, material testing and related services to the Transportation Division; to authorize the transfer and expenditure of $143,509.00 within the Water Works Enlargement Voted Bonds Fund; to authorize an amendment to the 2009 Capital Improvements Budget; and to declare an emergency. City of Columbus Page 8 Columbus City Council Minutes - Final November 2, 2009 ($143,509.00) 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 1194-2009 To authorize and direct the Board of Health to accept a Safe Communities grant from the Ohio Department of Public Safety in the amount of $122,400; to authorize the appropriation of $122,400 from the unappropriated balance of the Health Department Grants Fund; and to declare an emergency. ($122,400) 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 1397-2009 To authorize and direct the Board of Health to enter into a contract with Nationwide Children's Hospital for the provision of a WIC clinic; to authorize the expenditure of $478,460 from the Health Department Grants Fund; to waive the competitive bidding provisions of the Columbus City Codes; and to declare an emergency. ($478,460) 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 1423-2009 To authorize the Director of the Department of Development, in compliance with HUD regulations, to release recorded mortgage interests resulting from loans granted in conjunction with the Affordable Housing Opportunity Fund, Neighborhood Stabilization Fund or other HUD funds, on individual units of multi- or single-family residential properties by executing a Partial Release of Mortgage; to authorize the Director of the Department of Development to execute Release of Restrictive Covenants on individual units of multi- or single-family residential properties; and to declare an emergency. 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 1407-2009 To authorize the Director of the Recreation and Parks Department to City of Columbus Page 9 Columbus City Council Minutes - Final November 2, 2009 execute a Quitclaim Deed of Easement and any ancillary documents necessary to grant the State of Ohio, Department of Transportation a perpetual sewer easement necessary to its FRA-324.48 State Route 3 Roadway Improvement Project, and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised, and to declare an emergency. A motion was made by Tyson, seconded by Tavares, that this matter be Amended as submitted to the Clerk. 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 A motion was made by Tyson, seconded by Tavares, 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 1442-2009 To authorize the Director of the Department of Recreation and Parks to execute a Quitclaim Deed of Easement and any ancillary documents necessary to grant certain easements to the Columbus Southern Power Company for the purpose of providing electrical services to the Zoo's Polar Frontier Exhibit, and to declare an emergency. A motion was made by Tyson, 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 ADJOURNMENT ADJOURNED: 5:43 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 10