Glass City Jungle

The summary of items discussed before today’s Agenda Review, some that will be before Toledo City Council on December 8th. The title and description of items are listed below as well as notes from any discussion that took place on that item, the subject of the legislation is in bold for easy skimming as well as the first word when comments are included.

Cooperative agreement with ODOT for interchange improvements to I-75/I-475 interchange

Authorizing the Mayor to enter into and execute a cooperative agreement between the City of Toledo and the State of Ohio, Department of Transportation, to make interchange improvements to the I-75/I-475 interchange; and declaring an emergency.

SUMMARY & BACKGROUND:
The City of Toledo has previously consented, via Ord. 670-07, to cooperate with the Ohio Department of Transportation on the bridge replacements at Douglas Road and at Auburn Avenue over I-475, and the Central Avenue bridge replacement over I-75. These improvements, which are presently under construction, are the first phase of the overall improvement of the I-75 /I-475 interchange in West Toledo. The design for the I-475 portion of this project is nearly complete, and ODOT is scheduled to open bids on this section in the spring of 2010. The City of Toledo does not have any financial participation or obligation with this project. However, passage of this ordinance is required to authorize the mayor to execute cooperative agreements with ODOT to conduct the aforesaid work within the limits of the City of Toledo.

Authorize sub grant to Toledo CDC for petroleum remediation of 1646 Fernwood Ave,$200,000 Grants

Authorizing a Brownfield Sub Grant from the Brownfield Revolving Loan Fund not to exceed $200,000 to the Toledo Community Development Corporation for the cleanup of the property located at 1646 Fernwood Ave.; amending the budget for the Brownfield Revolving Loan Fund; authorizing the Mayor to enter into appropriate agreements with the Toledo Community Development Corporation for uses of the sub grant for the cleanup of the property located at 1646 Fernwood Ave.; and declaring an emergency.

SUMMARY & BACKGROUND:
In 2004 the City of Toledo successfully submitted an application to the U.S. EPA for a grant to establish a Brownfield Revolving Loan Fund. Ordinance 570-04 authorized the Mayor to accept $2,000,000 from the U.S. EPA ($1,500,000 Hazardous Substance and $500,000 Petroleum Remediation) and loan or sub grant these funds for the purpose of environmental remediation at eligible brownfield sites.

Authority for the sub grant is hereby subject to approval by the U.S. EPA. The City of Toledo desires at this time to use an amount not to exceed $200,000 as designated for Petroleum Substance Remediation for the purpose of assisting in the remediation of the property located at 1646 Fernwood Ave.

In order to facilitate the grant, the sub grant documents must receive approval from the U.S. EPA, funds may be sub granted to the Toledo Community Development Corporation (TCDC) and the budget for the Brownfield Revolving Loan Fund must be amended.

Collins asked if this is the same fund that the 1.5 million for Southwyck came from, the answer was yes, there is $500,000 remaining. Collins wanted to know when this was due, it is 2010. Shultz wanted to know how many loans we’ve granted, it was re-stated the Southywck loan was the first one. Brown asked this be SEP.

Authorize sub grant to UT Foundation for petroleum remediation of 3135-3159 Dorr, $150,000 Grants

Authorizing a Brownfield Sub Grant from the Brownfield Revolving Loan Fund not to exceed $150,000 to The University of Toledo

Foundation for the cleanup of the property located at 3135-3159 Dorr Street; amending the budget for the Brownfield Revolving Loan Fund; authorizing the Mayor to enter into appropriate agreements with The University of Toledo Foundation for uses of the sub grant for the cleanup of the property located at 3135-3159 Dorr Street; and declaring an emergency.

SUMMARY & BACKGROUND:
In 2004 the City of Toledo successfully submitted an application to the U.S. EPA for a grant to establish a Brownfield Revolving Loan Fund. Ordinance 570-04 authorized the Mayor to accept $2,000,000 from the U.S. EPA ($1,500,000 Hazardous Substance and $500,000 Petroleum Remediation) and loan or sub grant these funds for the purpose of environmental remediation at eligible brownfield sites.

Authority for the sub grant is hereby subject to approval by the U.S. EPA. The City of Toledo desires at this time to use an amount not to exceed $150,000 as designated for Petroleum Substance Remediation for the purpose of assisting in the remediation of the property located at 3135-3159 Dorr Street.

In order to facilitate the grant, the sub grant documents must receive approval from the U.S. EPA, funds may be sub granted to The University of Toledo Foundation and the budget for the Brownfield Revolving Loan Fund must be amended.

Brown asked for this to also be SEP and also the one below to be SEP

Authorize sub grant to Toledo Urban Fed CU for petroleum remediation of 1409 Dorr, $140,000 Grants

Authorizing a Brownfield Sub Grant from the Brownfield Revolving Loan Fund not to exceed $140,000 to The Toledo Urban Federal Credit Union for the cleanup of the property located at 1409 Dorr Street; amending the budget for the Brownfield Revolving Loan Fund; authorizing the Mayor to enter into appropriate agreements with The Toledo Urban Federal Credit Union for uses of the sub grant for the cleanup of the property located at 1409 Dorr Street; and declaring an emergency.

SUMMARY & BACKGROUND:
In 2004 the City of Toledo successfully submitted an application to the U.S. EPA for a grant to establish a Brownfield Revolving Loan Fund. Ordinance 570-04 authorized the Mayor to accept $2,000,000 from the U.S. EPA ($1,500,000 Hazardous Substance and $500,000 Petroleum Remediation) and loan or sub grant these funds for the purpose of environmental remediation at eligible brownfield sites.

Authority for the sub grant is hereby subject to approval by the U.S. EPA. The City of Toledo desires at this time to use an amount not to exceed $140,000 as designated for Petroleum Substance Remediation for the purpose of assisting in the remediation of the property located at 1409 Dorr Street.

Street Lighting – Garden Lake Blvd., Garden Lake Parkway and Garden Lake Dr.

Determining to proceed with the improvements to Garden Lake Blvd., Garden Lake Parkway, and Garden Lake Dr. by installing street lighting; and declaring an emergency.

SUMMARY AND BACKGROUND:
The owners of the properties abutting Garden Lake Blvd., Garden Lake Parkway, and Garden Lake Dr., have requested that the City, by majority petition, install high-pressure sodium alley lighting to protect their properties and provide nighttime safety. The total annual cost for the installation, operation, and maintenance of the lighting is $5,993.26 of which the City’s share is $504.63.

Accept State Traffic Enforcement Program grant for overtime for Police, $60,386

Authorizing the Mayor to accept a grant in the amount of $60,386.38 from the State of Ohio Department of Public Safety to conduct a Law Enforcement Overtime Program; authorizing the appropriation from the unappropriated balance of the Operation Grants Fund and expenditure of said funds; and declaring an emergency.

SUMMARY AND BACKGROUND:
The City of Toledo has received a Law Enforcement Overtime Program Grant from Ohio Department of Public Safety, Ohio Traffic Safety Office in the amount of $60,386.38 to continue a Traffic Enforcement Program within the City.

This grant will pay officers on an overtime basis to enforce traffic laws at locations with a history of speeding violations and traffic crashes. Officers will concentrate upon speeding and restraint violations. There is no local match required for this grant. The grant will increase enforcement and fine revenue without any general fund impact. The Police Department has received this grant for the last twenty-one years.

Police Chief Navarre said this is the 21st year the City has received this grant and there is no match required. Brown asked if this money was going to be used right away, that was confirmed and it will be SEP.

Accept Weed and Seed grant for NorthRiver Development Corp. for overtime and cell phones,$31,640

Authorizing the Mayor to enter into an agreement and accept a grant in the amount of $31,640.00 from NorthRiver Development Corporation in the form of a Weed & Seed Grant; authorizing the deposit, appropriation from the unappropriated balance of the Operation Grants Fund and expenditure of said funds; and declaring an emergency.

SUMMARY AND BACKGROUND:
The NorthRiver Development Corporation has applied for and received a Weed and Seed Grant from the U.S. Department of Justice. The grant will pay for overtime, and cell phone services. This is the fifth Weed and Seed Grant in the NorthRiver area. A copy of the grant program information is on file with the Clerk of Council;

Police Chief Navarre stated this was the 5th grant from Weed and Seed, Waniewski asked some questions as to if these officers were available for dispatch to calls, Navarre said they are not on dispatch but they have radios and are expected if there is a priority need to respond. They are generally paid $25.00 an hour, NorthRiver does the schedule. Webb stated it provides a familiar face for residents, similar to a cop on a beat, since the Weed and Seed does get at times complaints from the area residents that is passed on to the officers. Brown said there is another CDC planning a similar grant. This will be SEP.

Terminate CRA tax abatement for High Tech Properties at 1212 E. Alexis,2nd half tax year 2005-2008

Authorizing and recommending the Termination of the Community Reinvestment Area Agreement for tax abatement between the City of Toledo and High Tech Properties, Inc.; and declaring an emergency.

SUMMARY & BACKGROUND:
Pursuant to authorities granted by Ordinance No. 523-98 passed by Toledo City Council on April 21, 1998, the City of Toledo entered into an Agreement for Community Reinvestment Area tax abatement with High Tech Properties, Inc. dated March 8, 2000. High Tech Properties, Inc. invested approximately One Million Dollars for the construction of a manufacturing facility at 1212 E. Alexis Road, Toledo, Ohio 43612 for occupancy by High Tech Packaging Inc. High Tech Packaging, Inc. has since ceased operations at this facility and efforts by High Tech Properties to establish new tenants have had minimal success. Pursuant to the Agreement, they made annual payments in lieu of taxes to Washington Local School District through first half tax year 2005 payable in 2006. The Tax Incentive Review Council Committee reviewed the agreement and passed a motion finding High Tech Properties, Inc. not in compliance as of second half tax year 2005. No payback of tax incentive dollars is required due to the fact that the company passed five years into the agreement. This legislation is necessary to terminate the Agreement effective second half tax year 2005 and have taxes re-entered onto the tax duplicate by the Lucas County Auditor for second half tax year 2005 and tax years 2006, 2007 & 2008.

Dave Amstutz presented, Shultz said she and Sarantou had a conversation on this and this person had a loan with the City that required he provide 520 jobs, he went to the economic development office and went to pay off the loan and was told that the staffer didn’t know where he should pay this since no one has ever paid this off before. She wanted this to go to Finance Committee. She then continued and said that the Committee had made no site visit and they have only been active for a year, if this goes into foreclosure then it becomes over $500,000 since the man supplied the city with jobs for years, that’s when he had financial problems and she thinks Council needs to take a closer look at this, she said they have only had two come before Council.

Waniewski wanted to know when and how he was notified, Amstutz said each year they are notified to the amount they owe the school system for that year by the real estate staff. When they went through the tax incentive review process, there are 20 to 25 agreements, where the company has to make a payment in lieu of taxes, they found several were not in compliance, they were able to get payments to get current or payment plans with a majority of them. The last company there was no response, in this case, they did have a response from the tax compliance committee, the company has not been in business for several years but the owner is not able to enter into a payment arrangement beyond a token amount. The last payment was made in 2005, so funds are owed since that time, the last payment was for tax year 2004, $46,410.00. Waniewski asked what happens when a company goes out of business, Amstutz said they would notify the companies each year and it was up to the company to make that payment. Shultz said the intention to never put a businessman out of business, she said when she asked about the job requirement the City staff was not known about it, that since this man has contributed to this community for ten years and he is not responsible for the failure of the automotive industry, that we need to assist businessmen.

McNamara asked if this would void the tax abatement, Amstutz said it would put the properties back on the tax roll. McNamara had concerns about how far they were trying to roll this back. Webb said the Washington Local School treasurer is present today, she said the one side is the businessman the second side is the impact on the school system. It seems to her that any agreement that was entered the businessman would have known that he agreed to payments in lieu of taxes that there would be consequences if that was not honored. They want to encourage businesses to succeed, but they expect certain things like the payments in a timely manner, she doesn’t see it as running a businessman out of business but expecting him to follow the terms and step up to the plate for school districts that are suffering because of their inability to police agreements they lay down.

Shultz doesn’t think we met our obligations when it came to this. Waniewski didn’t feel the committee meeting was an issue and wanted the Finance Committee to meet this month. Webb said she appreciates the comments on the economy, that the abatement they voted on last time went back years, and in that case no one responded. Sarantou arrived and asked some of the same questions that were asked prior to his coming, he received his answers, it was confirmed that Council did have a representative on the Tax Incentive review committee in 2007.

Temporary appropriation for January 2010, all Funds, $45,054,540

Appropriating money for current ordinary expenditures of the various departments for the City of Toledo for the month of January 2010; and declaring an emergency.

SUMMARY & BACKGROUND:
It is not deemed advisable to enact an annual appropriation ordinance at this time. It is necessary to pass a temporary appropriation measure for meeting the ordinary expenditures of the municipality for the month of January 2010.

John Sherburne presented, first reading.

Next are the estimates for Assessed Services…These need to be passed by the first of the year or they would not be able to assess the charges to the property owner. First reading was acceptable to – Collins wanted to know what the balances were for 2009 and if there were carryovers. Collins then wanted to know for 2008, it was explained that if they budget more they don’t charge the homeowners for that so they are only charged for what is actually assessed. Collins wanted to talk about the tree maintenance estimate, he wanted to know in 2009 how close they would be to the estimate, the representative for the city had no idea where they were at she said she didn’t have the numbers. Collins wanted a referral to see where the actual numbers are, he said they should be able to figure it out based on the 11 months. Denny Garvin said they presented a report up to the third quarter to the administration and Council a little over a month ago. Collins said when thehttp://glasscityjungle.com/wordpress/wp-admin/post-new.phpy come in with a proforma or estimate, he thinks they should know what has been spent. For the citizens receiving services in 2009, those charges will not be billed to them until 2011. He said as long as he has been commissioner they have always come in under budget. He wants to know what has been estimated versus what has actually been charged. Ashford asked for the previous report, that was stated was given to Council. Sarantou said this information as far as projections versus real costs has been given to Finance Committee. He believes in 2003 they had one heck of an ice storm, Edison had crews as far as Maryland coming in, as he recalled the assessment costs were high that year and they have had several hearings on this.

Craig wanted to commend the administration in keeping the numbers down, with the exception of Downtown Street lighting, the costs were more for downtown so she projected those out for the rest of the year based on that increase, last years estimate was to low. Craig asked why, she believed there was a whole new tariff, Craig wanted a referral on that issue. A representative (Scott Bishop?) from the City said he was waiting for information from First Energy as to the new tariff and why it impacted the costs, it also relates to the type of light as to the difference in costs. Sarantou wanted an explanation via referral as to the cost.

Providing for 2010 Assessed Services Program – Street Services,’09 = $20,077,975;’10 = $20,298,538

SUMMARY & BACKGROUND:
This is the annual ordinance declaring the necessity of providing sprinkling, sweeping, cleaning and snow removal services for streets, alleys and public ways within the City during the year 2010 and providing for the assessment of those services. The estimated cost for 2009 was $20,077,975. The total program cost for 2010 is estimated to be $20,298,538.

Providing for 2010 Assessed Services Program – Citywide St. Lighting,’09=$3,579,533;’10=$3,549,452

SUMMARY & BACKGROUND:
Certain streets, alleys and public ways outside the Downtown Area of this City are provided with various types of street lighting, which assist in preventing crime and hazards to pedestrian and vehicular traffic. The street lighting provided outside the Downtown Area of this City is different from that provided in the lighting of the Downtown Area of the City, and this Council has determined accordingly to provide separately for that street lighting outside the Downtown Area and the assessment of costs of providing it. The total estimated cost for the year 2009 was $3,579,533. The cost of the street lighting program for 2010 is estimated to be $3,549,452.

Providing for 2010 Assessed Services Program – Downtown St. Lighting, ‘09=$205,090; ‘10=$248,105

SUMMARY & BACKGROUND:
Certain streets and public ways in the Downtown Area of this City are provided with various types of street lighting, which assists in preventing crime and hazards to pedestrian and vehicular traffic. The street lighting provided in the Downtown Area of this City, using high pressure sodium vapor, mercury vapor, fluorescent and incandescent street lights, is different from that provided in the lighting of other areas of the City, and this Council has determined accordingly to provide separately for that street lighting in the Downtown Area and the assessment of costs of providing it. The total estimated cost for the year 2009 was $205,090. The estimated 2010 cost is $248,105

Providing for 2010 Assessed Services Program – Trees, ‘09 = $4,900,045; ‘10 = $4,926,883

SUMMARY & BACKGROUND:
This is the annual ordinance declaring the necessity of controlling blight and disease of shade trees, and planting, maintaining, and removing shade trees in and along City streets. This ordinance also provides for the assessment of the costs of that program. The total estimated program cost for the year 2009 was $4,900,045. The estimated 2010 cost is $4,926,883.

Providing for 2010 Assessed Services Program – Surface Treatment, ‘09 = $884,332; ‘10 = $892,203

SUMMARY & BACKGROUND:
This is the annual Ordinance declaring the necessity of providing a surface treatment program for unimproved streets within the City providing for the assessment of the cost of that surface treatment. The streets determined to be in need of this program are listed in Exhibit “A”. The total 2009 estimated program cost was $884,332; the 2010 estimated program cost is $892,203.

List of unimproved streets to be treated with a dust laying or preservative substance for the year 2010 was included. I have that to share later. Webb stated she felt that the City did not do a good job in communicating with residents as far as assessments. She’d hate to see a home in foreclosure because the assessments went sky high.

Appointments were next:

Appointment – Board of Community Relations (BCR)

Michelle Mickens – currently employed by Toledo Community Development Corporation

Appointments – Board of Zoning Appeals (BZA)

Daniel Bollin – currently employed by Transtar Companies (President) – he does not appear to be a Toledo resident residing on Birch Bark Lane in Sylvania.
A. Bailey Stanberry – currently employed by Stanberry Homes (President)
Dave Williams – retired Sheet Metal Worker

Appointment – Nuisance Abatement Trust Fund Board

Hugh Grefe – currently employed by LISC (Senior Executive Director)

Appointment – TARTA

Steven Pecsenye – currently employed by the City of Toledo, Division of Communication and Technology (Administrator)

Second reading items:

Agreements for collection of delinquent water and sewer bills for DPU, fees added

Authorizing the Mayor and the Director of Public Utilities to enter into professional service agreements with vendors to perform collection work for The Department of Public Utilities; and declaring an emergency.

SUMMARY & BACKGROUND:
The Department of Public Utilities is in need of vendors to perform collection work on delinquent water and sewer bills. DPU has recently received informal bids for this service and is finalizing its recommendation of the selected vendors. This ordinance permits the Mayor and the Director of Public Utilities to enter into agreements with the selected vendors. The selected collection agencies will add fees for collection to the delinquent water and sewer charges, and thus no out of pocket expenses will be incurred by DPU.

Encroachment into public r-o-w of Collingwood Blvd. for existing parking lot behind 533 S. Erie St.

Granting permission to encroach into the public right-of-way of Collingwood Boulevard to allow an existing parking lot to remain at 533 S. Erie Street; and declaring an emergency.

SUMMARY & BACKGROUND:
The existing parking lot located behind 533 S. Erie Street was expanded and inadvertently encroached into the public right-of-way along Collingwood Boulevard. The City of Toledo maintains Collingwood Boulevard as a duly dedicated street in the City of Toledo, the Division of Transportation is not opposed to the encroachment; and the encroachment of the asphalt pavement into the public right-of-way will not be detrimental to the public health, safety, and welfare.

Authorize transfer of parcels with TPS, Colony and Bowman Parks for Ryder School & Glendale prop.

Authorizing the Mayor to enter into a Real Estate Transfer and Development Agreement with the Toledo City School District Board of Education for the exchange of various parcels of real property; making certain findings with respect to Colony Park and Bowman Park; and declaring an emergency.

SUMMARY & BACKGROUND:

The City of Toledo has cooperated with the Toledo Public School District with respect to its building program in a manner that will benefit both the District and the City and the Toledo Public School District has reciprocated with their cooperation for retention of local jobs.

This legislation authorizes a Real Estate Transfer and Development Agreement that will result in the conveyance of certain City owned property that are part of Bowman Park and Colony Park to the District, in exchange for the conveyance of certain District property to the City. The subject City owned property consists of a Bowman Park parking lot parcel at 0 West Laskey Road, west of the Miracle Mile Complex on the south side of W. Laskey Road, consisting of a 4.6+ acres and a portion of Colony park property at 2143 Fairfax near the former Devilish High School consisting of 1.97+ (collectively “the Current City Sites”). The District owned property consists of the former Ryder School site at 3117 Nebraska Avenue on a 10+ acre parcel of property and a 0.72+ acre parcel of property located at 2625 Glendale Avenue adjacent to Schneider Field (collectively “the Current School Sites”).