Glass City Jungle

The following is a transcript of items discussed at yesterday’s Toledo City Council Agenda Review, summaries are included and items are in bold to ease skimming.

Ashford, Waniewski, Webb were the ones who were in attendance when the meeting was first called to order,

Item on Bush Street was held until McNamara’s arrival.

AT&T RE: 702 Water Street – Claims Settlement

Authorizing payment in the amount of $13,530.56 from Fund 95 (Risk Management) to settle the claim of AT&T against the City of Toledo; and declaring an emergency.

SUMMARY & BACKGROUND:
City of Toledo Water Distribution personnel working in the area of 702 Water Street, Toledo, Ohio on November 12, 2008, cut an Ameritech telephone cable, for which the City of Toledo was billed $18,040.74. Settlement of the claim has been reached in the amount of $13,530.56.

It was agreed this would be SEP

Accept USDA Grant for Ash Tree replacement in the OWE

Authorizing the Mayor and the Director of Finance to accept an Urban Canopy Restoration Grant in the amount of $30,000 by United States Department of Agriculture (USDA) Natural Resources Conservation Service to replace Ash Trees removed from the right-of-way within the Old West End Historic Neighborhood; authorizing the Mayor to sign the Grant Agreement accepting the terms of the USDA Natural Resources Conservation Service Urban Canopy Restoration Grant; authorizing the Mayor and the Commissioner of Purchasing to take formal and/or informal bids and award contracts for the various improvements, labor, materials and professional services necessary to undertake the improvement projects; authorizing the deposit, appropriation and expenditure of said funds; and declaring an emergency.

SUMMARY & BACKGROUND:
The Department of Public Service, Division of Forestry and Urban Beautification applied for and was awarded Pilot Urban Canopy Restoration grant funds through the United States Department of Agriculture (USDA) Natural Resource Conservation Service to replace Ash trees removed from the right-of-way in Toledo’s Old West End due to infestation by the Emerald Ash Borer. This grant will reimburse up to $30,000 for trees purchased for planting in the Old West End by September 1, 2010. The replacement of Ash trees with multiple tree species for maximum biological diversity is of considerable importance to restore and maintain the historic integrity and appearance of this neighborhood.

Garvin stated this was being used just for the trees, they expect to be able to plant 200 by the fall of 2010. SEP was granted for this.

McNamara, Steel and Sarantou were then in attendance.

Bush Street – Dedicating certain City-owned land as public right-of-way; and declaring an emergency.

SUMMARY & BACKGROUND:
The City of Toledo obtained title to certain property pursuant to Ordinance 583-07. A portion of the property received lies within the right-of-way of Bush Street. This Ordinance is necessary to effectuate the dedication of this land for public purposes including but not limited to highway, roadway and/or utility improvements.

Jamie Miller from Neighborhoods was present from the administration to explain the legislation. It was stated there was no rush so this will be first reading.

Landbanking sale to MV & ONYX for NIA Heights

Authorizing the Mayor to execute needed instruments for the sale and conveyance of two (2) parcels of real estate to MV Residential Land LLC and Organized Neighbors Yielding Excellence, Inc.; and declaring an emergency.

SUMMARY & BACKGROUND:
The City operates a Land Reutilization Program pursuant to Section 187.19(a) of the Toledo Municipal Code which authorizes the City to accept nonproductive land and dispose of same pursuant to Chapter 5722 of the Ohio Revised Code. The Department of Development oversees the review and processing of the program and presently holds title to, or will be accepting title to, property that MV Residential Land LLC and Organized Neighbors Yielding Excellence, Inc. wish to acquire for future housing development. The 2 parcels they seek to acquire will be utilized as part of an NSP and/or tax credit project for single family homes, summarized as follows: NIA Heights, formerly referred to as Belmont Homes, is a proposed 21-unit, single family, scattered site infill development in the City of Toledo. The proposal would be developed as a partnership between the local non-profit partner, Organized Neighbors Yielding Excellence (ONYX), Inc and Miller-Valentine Group (MV). NIA Heights involves the acquisition of approximately 43 infill parcels (used to create 21 buildable lots) and the new construction of 21 affordable single family homes. Currently, these vacant/foreclosed lots are under the ownership of the City of Toledo and/or ONYX. All the previous vacant/foreclosed homes have already been demolished and lots are ready for redevelopment. MV proposes NIA Heights be funded with State Neighborhood Stabilization Program (NSP) funds, City of Toledo NSP funds, City of Toledo HOME funds, and potentially Federal Home Loan Bank AHP funds.

Sarantou asked a question about Bush Street, a map was shown to him. McNamara asked for SEP for the Land sale, Brown then arrived.

Okun Produce settlement (Relieved of E/D)

Authorizing the expenditure of $35,761.27 to Sam Okun Produce Company as reimbursement for their two July 2008 water damage losses; authorizing the expenditure from the Risk Management Fund; and declaring an emergency.

SUMMARY & BACKGROUND:
Sam Okun Produce Company experienced two floods within a one-week period in July 2008. Both floods were the result of extensive rain and an alleged problem with a sewer line. Okun Produce has made claims to the City for costs not recovered through their insurance. Council has asked the Law Department to evaluate negotiate a settlement of these claims if appropriate. As a result of the Law Department’s investigation a settlement has been negotiated in the amount of $13,077.64 pending approval by Council and the administration.

Mr. Green from the law department was there, he said they interviewed the engineers and some retired personal and the Okun representatives they agreed on the settlement on the second flood. Ashford confirmed that he had talked to the company representatives and they were satisfied. Waniewski wanted to know if the City had rectified the issue that created the flood in the first place, Green said yes, it was corrected about a year ago, it was related to a collapse of the line. Waniewski asked about the law when it comes to a City not having liability on an issue like this. Green said if specifics need to be discussed he’d feel more comfortable in Executive Committee, Waniewski asked about home owners and would they then be able to expect liability from the City. Green said no because of the rain, Waniewski said that didn’t really answer his question. Green said the issue had to do with the notice after the first flood, the City knew there was a problem, which is why he said this is fact specific.

Purchase & Install “Wind Turbine” for UofT Water Treatment

Authorizing the Mayor and Director of Public Utilities to enter into contracts for the purchase and installation of a Nordic N1000 wind turbine at a cost not to exceed $2,000,000; authorizing the appropriation and operating transfer of $1,000,000 from the unappropriated balance of the Water Replacement Fund to the Water Improvement Fund; authorizing the appropriation and expenditure of $1,000,000 from the unappropriated balance of the Water Improvement Fund for the wind turbine project; authorizing cooperation agreements with the University of Toledo; authorizing transfers and adjustments; and declaring an emergency.

SUMMARY & BACKGROUND:
Ordinance No. 680-09 authorized the acceptance of an American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant from the U.S. Department of Energy in the amount of $3,083,600. One million dollars of the grant is dedicated to the installation of a one-megawatt wind turbine near the Collins Park water treatment plant that would generate power for the plant. The University of Toledo is in the process of developing an Advanced Concept Offshore Wind Turbine Generator that could be used in the Great Lakes to provide renewable power. The University has based its design around a Nordic two blade N1000 1.0 megawatt turbine due to its lightweight construction, ease of maintenance and low cost. The City has agreed to partner with the University by installing a Nordic two blade N1000 1.0 megawatt turbine with its ARRA EECBG funding and providing access to the University. Due to the University’s contribution of engineering, economic and environmental studies of a Nordic wind turbine’s operation, and potential funding of additional telemetry equipment, this ordinance waives competitive bidding and authorizes a contract with Nordic Windpower USA Inc. for a N1000 wind turbine. It also authorizes the hiring, after receipt of competitive proposals, of professional services for the design and site layout for the wind turbine, collection system, substation and connections. Finally, it authorizes the receipt of competitive bids for the installation of the wind turbine. The total cost of the project shall not exceed $2,000,000 which will be paid from the $1,000,000 EECBG funding and $1,000,000 set aside in the water CIP for a wind turbine project.

Kerry Bruce from Public Utilities, last week an ordinance to accept a 3 million dollar grant for energy renewable projects was approved, this is the first project it’s a 2 million dollar wind turbine project. This will be part of the energy grid they are creating at the Water Plan to reduce purchasing from Edison. Waniewski said the money from the water fund is not grant money, where would that typically go? Bruce said typically for improvements at the water plant like back up generations. Sarantou asked what the savings would be, Bruce said they have not analyzed the savings but it’s expected they would break even within 6 years. Sarantou then asked if we had a three million dollar grant why we were not using that instead of funding from the water CIP. Bruce said they were planning on doing more than one project, they were also working on the solar field and the water CIP funding could not be used for that, they are also working on a red light issue address that. Sarantou was told when the projects are ready they will come before Council. It was stated that this one has to be first since there is a lead time for this, to manufacture a wind turbine there is a six month lead time to make it.

Resolution RE: Application for Clean Ohio Fund grant for “Summit Redevelopment Project”

Authorizing the City of Toledo to file an application to the State of Ohio, to participate in the Clean Ohio Fund; and declaring an emergency.

SUMMARY & BACKGROUND:
The State of Ohio, Department of Development, provides financial assistance to local governments for the purpose of addressing local needs. One of these programs is the Clean Ohio Fund, which provides grants for redeveloping brownfield sites. The City of Toledo desires to participate in this Program to receive financial assistance for the Elsas Building and the Tower on the Maumee Parking Structure, now named the Downtown Summit Redevelopment Project, which is located at 245, 239, 237, 235 and 215 N. St. Clair Street, and consists of Parcel Numbers 12-14764, 12-14761, 12-14757, 12-14754, and 12-14744. The Downtown Summit Redevelopment Project is located entirely within the City of Toledo.
After remediation, the Eyde Company plans to develop commercial office space. The Downtown Summit Redevelopment Project includes over 18,000 square feet of office space. Facilities will be first class and state-of-the-art, and fall exactly within the City’s plans for downtown revitalization and brownfield cleanup. Clean-up of this site will continue the momentum started with the completion of the 10,000 seat multi-use arena located just one block away and with the asbestos cleanup of the adjacent Tower on the Maumee Building. Together, these projects will help rejuvenate downtown Toledo and provide a new destination for residents and tourists.
The City of Toledo is submitting a Clean Ohio Fund application requesting up to $2,000,000 to complete the remediation activities and allow this property to meet commercial standards. The Eyde Company will commit the appropriate 25% match to the Clean Ohio Grant as described in the application, if necessary. The City of Toledo has the authority to apply for financial assistance and to administer the Clean Ohio Fund. The Council of the City of Toledo must direct and authorize the Project Manager, identified in the Application for the Clean Ohio Fund (the “Project Manager”), to act in connection with the application and to provide such additional information as may be required. The Clean Ohio Fund grant is vital to making this project economically feasible.

The representative from the administration said Toledo does not have a project for Round 8, this resolution supports that. Webb asked how far along they are in remediation for the tower, the asbestos has been bidded out, work is to begin in January. Sarantou asked on the Owens Corning building, did they receive a grant for the asbestos? It was stated yes, the work would begin shortly after January 15 and the project is expected to take 6 months. This particular building is the slate colored six story building next to that, all of that information will be in the grant project. Webb also asked for a copy of the grant application to be delivered to the clerk’s office when it is complete.

It was agreed SEP on this.

Pay fire line & water tap fee for Univ. Bible Fellowship located at 2841 Dorr St.

Approving the use of water 2% infrastructure development funds to construct a fire line and pay a water tap fee for the University Bible Fellowship project; authorizing the appropriation and expenditure of $26,364 from the unappropriated balance of the Water Distribution Infrastructure Development Fund to University Bible Fellowship; authorizing the execution of necessary agreements; and declaring an emergency.

The University Bible Fellowship is expanding its worship facility at 2841 Dorr Street by constructing a new worship room, entrance meeting rooms, and kitchen, and rebuilding the entire south wing at a total cost of approximately $523,000. The expansion will require the construction of 116 feet of 4-inch fire line in the right of way that will be owned and operated by the City. The cost of the tap fee and construction of the fire line by Ohio Excavating & Sewer Contractors is eligible for payment under the 2% infrastructure development program. This ordinance appropriates $26,364 in water distribution infrastructure funds for the project.

This was an abandoned building, as part of the fire protection they need to bring in a water line. This is something Brown had been working on with them as a project. Ashford announced Copeland had arrived. Brown stated she has been working with them since they first started expanding, she said the only other time they have used the 2% money was years ago on Dorr Street for houses and the Fellowship has already spent thousands on this project. SEP was requested.

2010 Resurfacing appropriation…7.7mil of 2010 CIP

Authorizing the appropriation and expenditure of $7,734,095 from the unappropriated balance of the 2010 Proposed Capital Improvement Fund for the 2010 Resurfacing-Matches & Planning Program; authorizing the Mayor to prepare plans and specifications, acquire required rights-of-way as appropriate, and contract after due advertising according to law for these projects within the Division of Engineering Services; and declaring an emergency.

SUMMARY & BACKGROUND:
Every year, the Division of Engineering Services includes in its annual CIP funding request a line item for “Matches and Planning”. This line item represents the amount of funding that is needed in order to supply match amounts for outside grants and loans the division has anticipated and secured, as well as to plan for future projects. The Division currently projects that the amount of funding needed for the 2010 Capital Improvements Matches and Planning is $7,734,095. Appropriation of these funds at this time will provide matches for those grants the Division has already secured; as well promote the timely processing of design and project agreements. These funds will match funds provided by ODOT, the OPWC, Federal Urban Paving, and DPU. In total, $27,870,554 worth of projects will make use of these matches and planning funds. Projects such as the improvement of Secor Rd. between Alexis and the state line; resurfacing of Monroe St., from ProMedica Dr. to Detroit Ave.; Resurfacing Detroit Ave., from Central Ave. to California Blvd.; and the closure of Westwood Ave. at Airline yard are contemplated with these match funds. Appropriation of these funds now will allow for the timely designs and processing of agreements needed to authorize the acceptance of these funds.

Don Moline was there from the administration, Webb requested that this go into Committee for a hearing. Ashford was going to have it be first reading, Webb said that was fine as long as there was also a hearing. Moline said traditionally they have a hearing between first reading. McNamara said they are facing a huge deficit so every year the administration says they have to pass this for matching, but they also have to keep the city running and they don’t know what the Bell administration plan is for the budget. They are facing the worst financial crisis in years, so everything has to be on the table. A committee meeting on this will be set and Council notified Monday as to the date.

More appropriation for Peterson Ditch 1.4mil of Stormwater Fund

Authorizing the appropriation and operating transfer of $1,400,000 from the Stormwater Operating Fund into the Stormwater Replacement Fund for the Peterson Ditch Improvement Project; authorizing the appropriation and expenditure of $1,400,000 from the unappropriated balance of the Stormwater Replacement Fund; authorizing the Mayor to prepare plans and specifications, acquire rights-of-way and easements as necessary, and enter into contracts for said project in an amount not to exceed $1,400,000; and declaring an emergency.

Ordinance 635-09 appropriated $1,500,000 of Ohio EPA grant funds and $1,500,000 of Stormwater Utility funds for construction of the Peterson Ditch Improvement Project. Additional funds are needed from 2010 Stormwater funds to award bids and construct the project. Bids were taken on December 8, 2009. Ordinances 782-06, and 96-07 authorized design of this project.

Remainder of funding needed for this project. It will be first reading.

Pay for Pump Motor repair @ Water Treatment 85K

Authorizing the appropriation and expenditure of $85,000 from the unappropriated balance of the Water Replacement Fund for the repair of a High Service Pump Station Pump Low Speed Pump Motor at the Collins Park Water Treatment Plant; authorizing the Mayor and the Commissioner of Purchases and Supplies execute the necessary agreements in connection with this service; and declaring an emergency.

SUMMARY & BACKGROUND:
The Collins Park Water Treatment Plant currently has six pumps at the High Service Pump Station to distribute potable drinking water to the citizens while maintaining proper flow and pressure. One pump motor was removed from service to have the motor rewound. Once the motor was disassembled and the windings removed several cracked Amortisseur bars were identified in the rotating field poles. This portion of this synchronous rotor is used on initial start up. Once the rotor is close to synchronous speed the rotating field coils are then energized with DC voltage to pull the motor in to synchronism. Having cracked bars will cause issues with starting this motor properly. These bars will need to be removed and replaced. The repaired pump will have a life expectancy of 25 to 30 years. Funding for this repair is included in the proposed 2010 CIP Budget.

This is one of the original pump motors, it needs to be rebuilt and it will last an additional 25 to 30 years. They thought they could just rewind it but it needs to be rebuilt. SEP was granted on this.

Water Treatment & Waterway projects from SSOE & DJE

Authorizing the Mayor and the Commissioner of Purchasing and Supplies to enter into professional service agreements with SSOE, Inc. and DJE, Inc. for the purpose of providing professional engineering services for controls design, telemetry design and programming for the Bay View WWTP, the Water Treatment Plant and the Toledo Waterway Initiative Phase II projects; authorizing payment from available funds in the appropriate accounts of the divisional budgets within the Department of Public Utilities; authorizing the expenditures; and declaring an emergency.

The Bay View WWTP and the Water Treatment facility have a complicated Supervisor Control and Data Acquisition (SCADA) system that is used to control and monitor the plants and all satellite pump stations, storage basins, etc. throughout the collection system. All newly constructed plant processes and TWI Phase II projects must communicate and be fully integrated into the existing plant SCADA system. Integration of the control systems takes place during the detailed design phase of a project. After formal proposals were reviewed for this service, SSOE, Inc. and DJE, Inc. were deemed the lowest and best. Both are companies that specialize in SCADA system design, remote telemetry and programming services. SSOE, Inc. has extensive experience with the SCADA systems. DJE, Inc is MBE owned and has extensive experience in the design of communications and telemetry systems. Both companies have their home offices in Toledo.

The old control system for the drinking water and waste water as well as satellite stations they need to communicate, the system is so old that they had to jury rig a second computer to try to communicate, they are looking at replacing both to bring us into the new century. Steel wanted to know where the funding was coming from if it was assessed funds, it was stated the funding was going to come from the Department of Utilities. Sarantou asked if this was related to the consent degree, it was stated it was to keep the system functional, if they can not communicate with the stations they don’t know when to turn on or to turn off, this can mean low water pressure or sewer back ups. Sarantou asked the life expectancy, the last system lasted 15 years if they jury rig at the end. This will be first reading, Craig asked about the control system just the plants, it was confirmed it was strictly the controls. Steel said he and Ashford had talked about this recently and he was happy to see both companies are local, he wanted to know what percentage was going to SSOE.

Pay “Solids Handling Renovation” at Water Rec. 583K

Authorizing the appropriation and expenditure of $583,366 from the Sanitary Sewer Replacement Fund; authorizing the Mayor, after the taking of proposals to enter into purchase orders and agreements for permits, testing and professional services for the Solids Handling Renovation, I-60A project; and declaring an emergency.

This project is Phase I of the Solids Handling Renovation project. Phase I will create a new laboratory/O&M/training facility. Do to the lack of available land within the plant, the need to keep processes in operation during construction and the need to consolidate operations; every effort is being made to reuse existing buildings for process renovations and additions. The existing laboratory building is needed to house new waste sludge thickening and de-gritting processes. The existing laboratory will be moved to the new laboratory/O&M/training facility. By reusing the laboratory building for other processes the need for temporary thickening processes and lengthy shutdowns will be eliminated. Existing thickening processes must remain in service in order for the plant to maintain compliance with the Ohio EPA discharge permit.

Road repairs at Bay View

Authorizing the appropriation and expenditure of $350,000 from the Sanitary Sewer Bond Fund; authorizing the Mayor and Commissioner of Purchases and Supplies, after the taking of bids, to enter into contracts and purchase orders for construction and testing services for the Bay View WWTP Road Improvements; and declaring an emergency.

Sections of roadways and pavement at the Bay View WWTP have deteriorated due to a combination of age as well as on going construction activities. We propose to rehabilitate those deteriorated road segments that will not be impacted by construction traffic over the near future. The road segments involved serve the plants solids handling facilities, administration building and co-generation facility.

It was stated with the amount of construction they have torn the roads to pieces, they want to repave the road. It was assigned first reading.

Then on to second reading items, there was no discussion on any of these items:

679-09 Authorizing the Mayor to accept financial assistance from the State of Ohio, Ohio Public Works Commission (OPWC), in an amount not to exceed $2,759,076 for multiple street resurfacing projects; authorizing the deposit, appropriation and expenditure of grant proceeds in an amount not to exceed $2,759,076 from the Capital Improvement Fund; authorizing the Mayor to prepare plans and specifications, acquire rights-of-way and easements, take bids and enter into contracts after advertisement according to law for the project; and declaring an emergency.

683-09 Authorizing the settlement of the claims of Anthony Hines and Tomeka Smith in Case No. 3:08CV01573 captioned Anthony Hines and Tomeka Smith v. City of Toledo, et al. pending in the United States District Court, Northern District of Ohio, Western Division before the Honorable Judge Jack Zouhary for the sum of $15,000.00 in settlement of the claims of all Plaintiffs; and authorizing the expenditure of $15,000.00 from the Risk Management Fund; and declaring an emergency.

690-09 Granting a Special Use Permit for a proposed convenience store for a site located at 1256 Broadway in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.

691-09 Granting a Special Use Permit for a proposed convenience store for a site located at 2029 S. Byrne Road in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.

692-09 Extending a Special Use Permit granted by Ordinance No. 22-09 for a period of six (6) months, for an auto salvage and sale facility located at 310 and 400 S. Westwood Avenue, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.