This Ordinance authorizes execution of a Memorandum of Understanding (MOU) between the Worthington Arts Council (WAC) and the City of Worthington. The purpose of the MOU is to set forth the terms and conditions which must be satisfied before the City will execute a lease with WAC for the improvement and operation of the Packard Annex as a community arts center. A staff presentation will be given that overviews this MOU. It requires the following be accomplished in order for the City Manager to execute the lease:

 

·        A Total Project Cost Statement be submitted to the City outlining financial responsibility for each item associated with the renovation and construction project;

·        A Source and Use of funds Statement, Aged Accounts Receivable Statement, and Cash Flow Statement be submitted to and approved by the City;

·        A Project Cost Guarantee (insufficient funds guarantee) that outlines how the WAC will cover the difference between available (grants, cash) funds and the Total Project Cost be submitted to and approved by the City.

  

This MOU is intended to ensure that the project (without furniture, fixtures, and equipment – FFE) is fully financed prior to execution of the lease. Funding for FFE, which is estimated to cost $250,000, is to be separately raised during the construction term. 

 

A “strikethrough and underline” version of the MOU is attached that depicts each of the proposed amendments to the MOU since introduction. Also enclosed is a memorandum from the Law Director that discusses each of the amendments to the MOU. 

 

Recommendation: Approval of the Ordinance as presented.

 

This Ordinance provides for the execution of a lease between the Worthington Arts Council (WAC) and the City of Worthington for the 1.282 acres of property and a building located at the northwest corner of Dublin-Granville Road and Evening Street known and commonly referred to as the Packard Annex. The lease is being made to WAC to foster the creation of the Peggy R. McConnell Arts Center. A staff presentation will be given to overview the lease. Its provisions include the following:

 

·        Leasing the property and building as depicted in attachments to WAC for the purpose of constructing and operating an arts center;

·        The lease is subject to the provisions of the Real Estate Purchase Contract executed on August 28, 2006 between the City and the School District;

·        The lease will be executed and WAC shall have possession of the premises when provisions and conditions of a separate Memorandum of Understanding (MOU) are achieved;

·        The term of the lease is twenty (20) years unless earlier terminated or assigned;

·        In lieu of making lease payments, WAC shall make leasehold improvements in accordance with City approved construction documents;

·        Changes to the construction documents (change orders) that involve an alteration in the scope of the project, an additional expenditure of $1,000 or more, or any change involving the structural integrity of the premises or building system will require the approval of the City Engineer;

·        WAC shall require the payment of prevailing wages in accordance with Ohio Law;

·        WAC shall carry project insurance in limits set forth by the City;

·        WAC may sub-lease or assign the lease for purposes of engaging an entity to operate the Arts Center with the approval of the City.

 

         A “strikethrough and underline” version of the lease is attached that depicts each of the 

         proposed amendments to the lease since introduction. Also enclosed is a memorandum

         from the Law Director that discusses each of the amendments to the lease. The

         amendments primarily attempt to address requests by City Council members at the last

         meeting to more clearly articulate the tenant responsibilities of the Arts Council and the

         landlord responsibilities of the City. 

 

 

Recommendation:      Approval of the Ordinance as presented.

The Grant Agreement is a document which provides a method of transferring the remaining balance of the City’s $1,000,000 pledge/contribution to the Arts Council to be used for renovations to the Packard Annex. The City anticipates that it will have appropriated $569,782 of the $1,000,000 by date of execution. These funds were appropriated for the purposes of architectural, engineering and survey services from preliminary design through the construction phase. This leaves $430,218 to be issued to WAC by grant, including the tap fee.

 

A “strikethrough and underline” version of the grant agreement is attached that depicts each of the proposed amendments to the grant agreement since introduction. Also enclosed is a memorandum from the Law Director that discusses each of the amendments to the grant agreement. 

 Recommendation:      Approval of the Ordinance as presented.

 

This Ordinance provides for an appropriation from the Capital Improvements fund unappropriated fund balance in the amount of $118,000 to pay the firm of DesignGroup for the cost of architectural services and related construction administration services during the renovation and construction term of the Peggy R. McConnell Worthington Center for the Arts.

 

This Ordinance would appropriate funds from the Municipal Motor Vehicle License Tax Fund and the County Permissive Tax Fund to provide for the Linworth/Snouffer resurfacing project. Attached is a memorandum from the City Engineer addressing this request.

              Recommendation:      Approval of the Ordinance as presented.

 

 

This Ordinance would appropriate funds from the Law Enforcement Trust Fund in the amount of $6,080.00 to be used for training.

              Recommendation:      Approval of the Ordinance as presented.

 

 

This Resolution would adopt the 2009 Tax Budget. Attached is a memorandum from the Director of Finance detailing the highlights of the budget.

 

This Ordinance would appropriate funds from the Capital Improvements Fund to provide funding for the Worthington Community Improvement Corporation in the amount of $50,000. Attached is a memorandum from Steve Gandee, Director of Finance outlining the funding request.

 

         Recommendation:      Introduce the Ordinance for public hearing on July 21^st.

 

 This Ordinance would appropriate $70,000 in the fuel account; $14,000 for Fire Department  fuel reimbursement; and an additional $15,000 for professional legal services related to the OSU Don Scott Airport Part 150 study process.

 

Attached is a memorandum from Steve Gandee, Director of Finance and Dave Groth, Director of Public Service outlining the shortfall in the fuel account.

 

                        Recommendation:      Introduce the Ordinance for public hearing on July 21^st.

 

The City contracted with EMH&T to conduct the Southeast Sewershed Study. This study will be presented to the Council at the July 14^th Committee of the Whole meeting. The first of three major projects the study recommends to improve the Kenyonbrook Trunk sewer is the removal of a siphon. The project provides for a new 24-inch sewer from the current trunk west of West Selby Boulevard to the Columbus interceptor near Broadmeadows Boulevard. A memorandum from the City Engineer and a map is enclosed for your information and review. The estimated cost for the construction project is $973,800. This ordinance is a recommendation by City staff that EMH&T be hired to provide the design and consulting services for the proposed project. The Council will receive a full presentation by the consultants on July 14^th about the recommendations of the Southeast Sewershed Study. Then, if this ordinance were approved on July 21^st, design for this important project could begin in August.   

 

                         This Ordinance would vacate a portion of an existing storm drainage easement to allow the 

                         owner of 535 Plymouth Street to construct a deck. Vacation of the easement would eliminate 

                         City maintenance responsibilities. A memorandum from the City Engineer recommending

                         approval is attached. The applicant’s request also requires a variance to construct the deck in

                         the setback. The variance request is scheduled to be heard by the Board of Zoning Appeals

                         at their July 3^rd meeting.   

 

 

         This Ordinance proposes a project at the Huntley Bowl Park to remove two concrete 

         stairways. One portion of the Bowl has concrete walls in the embankment that create tiered  

         grass seating areas (stadium style). The two concrete stairways that serve this seating have

         been gradually moving downward such that there are currently significant offsets that are a

         safety concern. The stairways are closed due to this problem. 

 

         Since the opening of the Huntley Bowl Park the seating has received little use and has had  

         none in recent years. Rather than replace the stairs at this time, it is our recommendation that

         the stairs be removed and their locations be restored to vegetation. Access to the bottom of

         the bowl is provided by both the roadway and a stairway in a different location. The cost to

         remove the two stairways is $21,370.00. 

 

 

         A motion is needed by Council to authorize the sale of the City’s old HazMat #101. This is

         required because the value the vehicle exceeds $5,000 and it will be sold through an on-line

         auction service.

 

        Recommendation:      Authorize the City Manager to dispose by on-line auction HazMat