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HomeMy WebLinkAboutResolution 047-18RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 47-18 Passed , 20 A RESOLUTION APPOINTING MEMBERS TO THE BRIDGE PARK NEW COMMUNITY AUTHORITY WHEREAS, appointments are needed for the Bridge Park New Community Authority. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, r7 of the elected members concurring that: Section 1. Lynn Readey and Rick Schwieterman are hereby reappointed to two- year terms on the Bridge Park New Community Authority, such terms expiring on March 31, 2020. Section 2. Each of the above-named persons shall serve until a successor is appointed or until death, resignation, or removal for cause as determined by City Council. Section 3. The members appointed herein shall serve without compensation. Section 4. This resolution is ective upon passage as provided under Section 4.04(a) f - he Revised Chart Pas /dhis l �'� � ay f � 12018. yor - Presic}(ng ATTEST: / Clerk of Council Office of the city Manager 5200 Emerald Parkway a Dublin, OH 43017-1090 Phone, 614.410-44001 Fax; 614-410.4490 To: Members of Dublin City Council From: Dana L, McDaniel, City Mana Date; August 9, 2018 Initiated By: Angel L. Mumma, Director of Finance Summary Re. Resolution Na 47.18 -- Appointing Members to the Bridge Park New Community Authority, The Bridge Park New Community Authority (NCA) was created in in 2015 with Council's approval of Ordinance No, 25-15, The seven member Bridge Park NCA board of trustees is comprised of four members who are appointed by the City and three members who are appointed by the Developer, Since its creation, Ms. Lynn Readey, Mr, AL Strip, Mr, Rick Schweiterman, and Ms, Sheri Tackett have served as the City's representatives, The terms of Ms, Readey and Mr. Schweiterman expired earlier in 2018. As such, the Administration is recommending that both members be re -appointed to a two-year term, expiring on March 31, 2020, Both members are amenable to the reappointment. Attached to this document is a Staff Report dated February 13, 2015, which provided detailed information about NCAs, including its powers, how a Community Development Charge is applied, and the process for its creation. Recommendation Staff recommends Council approve Resolution No, 47-18 at the City Council meeting on August 13, 2018. Office of the City Manager City of Dublin Pho e: 614-1410.4 0 • Fax:Prkway*blin614-0410-4490 43017-1090 To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: February 13, 2015 Initiated By: Terry D. Foegler, Director of Strategic Initiatives/Special Projects Angel L. Mumma, Director of Finance Summary Memo Re: Ordinance No. 14-15 — Determining the Sufficiency of the Petition to Establish the Bridge Park New Community Authority, Authorizing the Execution of Such Petition by the City as a Proximate City, Setting a Date for a Public Hearing under Chapter 349 of the Ohio Revised Code, and Declaring an Emergency. The primary goal for implementing the Bridge Street District (BSD) plan is to help enhance the City's long term economic competitiveness. Studies by Battelle and, more recently, the Insight2050 report issued by the Mid -Ohio Regional Planning Commission (MORPC) have reaffirmed that the type of denser, mixed-use, vibrant and walkable area planned for the BSD will enhance our City's ability to attract and retain young talent — a critical component to our community's long term economic success. Also, businesses are increasingly seeking these types of environments as part of their branding and talent attraction efforts. In order to support this type of development planned for the BSD, which is unlike development in most suburbs, a significant investment in infrastructure improvements on the part of the City will be required. This has been recognized since the early visioning of the BSD. While the infrastructure improvements will be driven in part by particular developments, we are aware that significant additional revenue streams (beyond new income tax revenue) and development financing tools will likely be needed for the BSD vision to move forward. The opportunities for implementing such new tools have been greatly improved as a result of the Cooperative Agreements entered into with the Dublin City School District and Tolles Career and Technical Center in 2014, which facilitate the use of various real property tax based incentive tools in exchange for an annual payment to both districts. Since the early 90's, the City has utilized tax increment financing (TIF) as its primary real estate tax incentive -based economic development tool to help fund infrastructure improvements in and around TIF districts. Over the years, TIF revenues have totaled approximately $79.1 million, which has supported nearly $108.6 million in infrastructure improvements and has created over $603 million of additional property tax valuation — much of which would not have occurred without the infrastructure improvements made by the City. Another economic development tool available to assist in funding such infrastructure improvements, which has been increasingly used in recent years is a New Community Authority (NCA). Created under Chapter 349 of the Ohio Revised Code, an NCA can be created to encourage the orderly development of a well-planned, diversified and economically sound new Memo re. Ord. 14-15 February 13, 2015 Page 2 of 5 community. A "new community" is a community or an addition to an existing community planned to include facilities for the conduct of industrial, commercial, residential, cultural, educational and recreational activities and designed in accordance with planning concepts for the placement of utility, open space and other supportive facilities. An NCA is a separate public entity with its own powers, which is governed by its own board of trustees and limited by the provisions of the organizational petition and a related declaration of covenants. It has no power over functions such as zoning or subdivision regulation, provision of police or fire protection, water supply, sewage treatment or disposal. However, once created, an NCA has the power to do the following: 1. Purchase real/personal property 2. Improve/sell real/personal property and community facilities 3. Landscape and otherwise aesthetically improve areas within the NCA 4. Provide recreational, education, health, social, vocational, cultural, etc. activities primarily for residents of the NCA 5. Collect service fees to cover community development programs 6. Adopt and enforce rules for use of community facilities 7. Employ staff 8. Sue and be sued 9. Enter into contracts, including with private parties and other public bodies 10. Apply for and accept grants, loans or commitments of guarantee 11. Procure insurance 12. Maintain funds and reserves necessary for performance of duties 13. Procure goods and services and enter into construction contracts 14. Issue debt and pay costs of operational and maintenance of community facilities 15. Enforce collection of Community Development Charges (to be discussed below) 16. Appropriate land, easements, rights or way within the community authority From a financing standpoint, the Community Development Charge (the Charge) which is levied and collected by the NCA provides a revenue stream that can be used to pay for operations and maintenance of the community facilities as well as debt service on bonds issued for land development and community facilities. The Charge may be based on the assessed valuation of real property, income of the residents of such property subject to such charge, a uniform fee on each parcel within the NCA, or any combination thereof. While the Charge is not a property tax, it does run with the land by way of a recorded declaration of covenants and if not paid, the unpaid Charge can become a lien on the property against which it is charged and collected in the same manner as property taxes. NCAs have been successfully implemented for other projects throughout the state of Ohio and central Ohio. Examples included: • The New Albany Community Authority • The Liberty Community Infrastructure Financing Authority (Powell) • The Powell Community Infrastructure Financing Authority • The Jeffrey Place New Community Authority (Columbus) • Pinnacle Community Infrastructure Financing Authority (Grove City) Memo re. Ord. 14-15 February 13, 2015 Page 3 of 5 To create an NCA, a developer that "owns and controls" the land in which the future development is to occur prepares and files a petition with the "proximate city", the "organizational board of commissioners", and the county board of commissioners. For an NCA created between March 21, 2012 and March 21, 2015, the "proximate city' is the municipal corporation in which, at the time of filing the Petition, any portion of the proposed NCA is located. After March 21, 2015, the largest city in the county in which the proposed NCA is located becomes the "proximate city'. As such, for NCAs created before March 21, 2015 within the City of Dublin, the "proximate city" would be the City of Dublin and for those created after that date, the "proximate city" would be the City of Columbus. Regardless of the date of creation, for any NCA located entirely within a municipal corporation, that municipal corporation's council will act as the "organizational board of commissioners". Therefore, Dublin City Council will act as the "organizational board of commissioners" for any NCA proposed within the City limits, regardless of when it is formed. This petition filed with the board of county commissioners, the "proximate city' and the "organizational board of commissioners" must contain the following: 1. Name of the NCA 2. Address of the NCA 3. Map and full description of the boundaries of the NCA together with a description of properties within such boundaries, if any, which will not be included in the NCA 4. Statement of the current/proposed zoning 5. Current plan of development 6. Suggested number of members of the board of trustees ranging from seven (7) to thirteen (13) 7. Preliminary economic feasibility analysis, including provision of public services 8. Statement that the development will comply with environmental laws Once the petition is filed, the "proximate city" will approve the petition while the "organizational board of commissioners" must determine whether the form of the petition is sufficient in accordance with the ORC. If sufficient, the petition must be accepted and a date be established for a public hearing on the actual creation of the NCA. The Ordinance affirming the compliance of the petition with the statutory requirements is referred to as the Sufficiency Ordinance. In the instance where the City of Dublin acts as "proximate city" and the "organization board of commissioners", the Sufficiency Ordinance would contain three components (assuming the petition met the requirements identified in Chapter 349 of ORC): 1. Authorize the execution of the petition as the proximate City of Dublin 2. Determine the sufficiency of the petition 3. Set a date for a public hearing If the Sufficiency Ordinance is passed by Council, a public hearing must be held between 30 - 45 days after the petition is filed with the board of county commissioners. After the public hearing, Council would then consider whether or not the authority will be conducive to the public health, Memo re. Ord. 14-15 February 13, 2015 Page 4 of 5 safety, convenience or welfare, and will result in the intended development. If Council finds that the authority accomplishes these objectives, the finding is affirmed by passage of an Ordinance that would formally establish the NCA. Bridge Park New Community Authority As the owner of approximately 30 acres within the Bridge Street District, Crawford Hoying (the Developer) has been working with the City on the development of the properties known as Bridge Park. Council was presented with and approved the Basic Development Plan, as well as Basic Site Plan for Phase I of this development, at Council's special meeting held January 20, 2015. Similar to the process undertaken with other development projects throughout the City, staff and the Developer have been working together to develop the basic terms and mutual understandings as to the responsibilities of both parties with respect to the development. Ultimately, if mutual agreement is achieved and approved by City Council, this will be memorialized in a development agreement between the Developer and the City. The concepts framing some of the key elements of this development agreement are expected to also include the establishment of at least two TIF districts (one created under ORC 5709.40 and the other created under ORC 5709.41), land exchanges necessary to facilitate the establishment of the 5709.41 TIF, the creation of an NCA, and the creation of a Community Reinvestment Area (CRA). While those basic terms and conditions are still being negotiated, the Developer has filed a Petition for the creation of the Bridge Park NCA with the City. The Developer is proposing that the NCA charges will provide the funding mechanism for the structured parking facilities and possibly a performing arts center and a special event conference facility. This mechanism was pursued by the Developer in large response to the City's direction that the parking facility financing could not utilize or have any negative impact upon the City's financial credit. As outlined above, the filing of the Petition triggers a series of statutory procedural steps which must be undertaken by Dublin City Council, the first of which is consideration of the Sufficiency Ordinance. The City's legal counsel, led by Chris Franzmann, partner with Squire Patton Boggs, has reviewed the Petition and has advised the City that it contains the necessary information, which is required to be included in such a petition pursuant to Chapter 349 of the ORC. If Council is in agreement, Ordinance No. 14-15 would be approved, which would: render the petition as sufficient; authorize the City Manager to execute the Petition as the "proximate city"; and set the date and time for the public hearing. In order to have this NCA in place prior to March 21, 2015 (and therefore subject to the current statutory "proximate city" provisions), staff recommends that the public hearing be scheduled for March 19, 2015 at 6:30 p.m., after which Council would hold said public hearing, consider the information presented, and determine, through an Ordinance establishing the NCA, whether or not the NCA will be conducive to the public health, safety, convenience or welfare and will result in the intended development. This Ordinance will further: 1. Declare the Bridge Park NCA to be organized with the corporate name designated in the resolution 2. Define the boundary of the Bridge Park NCA Memo re. Ord. 14-15 February 13, 2015 Page 5 of 5 3. Provide the method of selecting the Board of Trustees of the Bridge Park NCA 4. Fix the surety for the trustees' bonds in accordance with ORC 349.04 for at least $10,000 Additionally, at this meeting, it would be recommended that City Council appoint the four city - appointed members to the seven member Bridge Park NCA board of trustees. As previously mentioned, there will be a number of additional pieces of legislation that will come before City Council for consideration related to the Bridge Park development, including a Development Agreement, before the project can move forward. It is important to note that the steps related to the creation of the NCA will not have any impact on limiting Council's decisions and discretion regarding these other pieces of legislation, including those related to the development review and approval process and the development agreement. Most importantly, staff will ensure that the proposed Ordinance establishing the NCA will have a provision that states that if the Development Agreement is not executed and the appropriate development approvals are not secured, the City will be able to rescind the authorization creating the NCA and dissolve the NCA. Recommendation Staff recommends Council dispense with the second reading/public hearing and adopt Ordinance 14-15 as an emergency at the February 17, 2015 Special City Council meeting.