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128-99 Ordinance ~ ~~~L ORDINANCE NO. -99 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 56-94 PASSED JUNE 20, 1994 TO MODIFY THE DESCRIPTION OF PUBLIC INFRASTRUCTURE IlVIPROVEMENTS AND RENAME THE DESIGNATED TAX INCREMENT EQUIVALENT FUND; AND DECLARING AN EMERGENCY. WHEREAS, pursuant to Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43, this Council, on June 20, 1994, passed Ordinance No. 56-94 (the "TIF Ordinance") thereby declaring improvements to pazcels of certain real property located in the City (as described and depicted in the TIF Ordinance and referred to therein as the "Property") to be a public purpose, exempting those improvements from real property taxation for a period of time, specifying public infrastructure improvements (as described in the TIF Ordinance and referred to therein as the "Infrastrocture Improvements") to be made to benefit those pazcels, providing for the making of service payments in lieu of taxes (the "Service Payments") by the owner thereof, and establishing a municipal public improvement tax increment equivalent fund into which those Service Payments were to be deposited; and WHEREAS, this Council finds that a portion of the Infrastructure Improvements originally determined to be necessary for the then proposed development of the Property and approved by the TIF Ordinance aze not appropriate or necessary for the currently proposed development of the Property; and WHEREAS, this Council has determined to amend and supplement the TIF Ordinance to revise the scope of public infrastructure improvements which this Council believes is necessary for the currently proposed development of the Property; and WHEREAS, this Council also finds that by reducing the scope of public infrastructure improvements, the total cost of the public infrastructure improvements to be paid out of the designated tax increment equivalent fund shall also be reduced; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin and Union Counties, Ohio, that: Section 1. The definition of "Infrastructure Improvements" as set forth in the TIF Ordinance is hereby amended to include only those public infrastructure improvements described on Exhibit A attached hereto. Section 2. Notwithstanding the recitals in and Section 3 of the TIF Ordinance, the Agreement referred to in Section 3 of that Ordinance may be between the City and Ruscilli Development Co., Ltd. or its affiliates, successors or assigns. The fund created in Section 4 of the TIF Ordinance and initially known as the Jacobs Mall Project Municipal Public Improvement Tax Increment Equivalent Fund shall remain in existence but is hereby renamed and shall hereafter be referred to as the Perimeter West Municipal Public Improvement Tax Increment Equivalent Fund. Section 3. Except as provided herein, all other provisions of the TIF Ordinance shall remain in full force and effect. Section 4. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 5. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the City, and for the further reason that this Ordinance is required to be immediately effective in order that the Infrastructure Improvements may be constructed as quickly as possible, which is necessary to provide transportation improvements at the earliest possible time and thereby improve the safety of µ the citizens of the City; wherefore, this Ordinance shall be in full force and effect immediately upon its passage. Signe . Presiding Officer Attest: Clerk of Council Passed: 1999 Effective: 1999 he~ehy ce-tify ':ant cor.<~e; of is=.~s C~rU;ra~eiRa~et~ie~.were poster' :n the City of D~6in in accordance vritb Section T31.25 r;f tiae Ohio Revised Code. ~55C' Clerl; f Cn .cil, Dab!i , hio , -2- EXHIBIT A DESCRIPTION OF PUBLIC INFRASTRUCTURE IlVIPROVEMENTS f* ~ PERIlVIETER WEST The public improvements consist of all or part of the following: • Extension of Perimeter Drive from its current terminus to the US33/SR161 interchange. • Reconstruction of existing Post Road to connect with the extended Perimeter Drive. • Extension of Perimeter Loop Drive southward from Perimeter Drive approximately 600 feet to provide access to the first office site. • Continued extension of Perimeter Loop Drive southward to service additional sites and provide connection to the existing terminus of Perimeter Loop Drive. • Intersection improvements, including widening and signalization, at Perimeter Drive, Perimeter Loop Drive, and Post Road at Avery-Muirfield Drive. • Improvements to the current Post Road and US33/SR161 interchange, including intersections of Post Road with Hyland-Croy Road and Industrial Parkway, cost of engineering studies, design, improvements to approaches and ramps, traffic signals, street lights, landscaping and necessary utility improvements. The public roadway improvements include five-lane pavement for Perimeter Drive, three-lane pavement for Perimeter Loop, pavement widening on the identified roadways, curbs and gutters, street lighting, storm sewers, sidewalk and/or bikeways and landscaping within the right-of--way. In addition, the public improvements include design and other related costs, right-of--way acquisition, final plat preparation as required, erosion and sediment control measures, grading and other related work, survey work, soil engineering for the public street, construction staking and all other matters and activities necessary and appurtenant to those public improvements. CITY OF DUBLIN e~ Memo To: Members of Dublin City Council From: Timothy C. Hansley, City Manager Date: November 12, 1999 Re: Ordinance No. 128-99, An Ordinance Amending and Supplementing Ordinance No. 56-94 (Jacobs TIF) Initiated by: Marsha I. Grigsby, Director of Finance ' Background Information on the Existing Jacobs TIF District As City Council is aware, a tax increment financing (TIF) district was established on June 20, 1994 for the development of a mall by the Jacobs Development Co. The Jacobs TIF district is comprised of 123.2486 acres, 83 of which were for the development of the mall. The TIF district is bounded by Post Road on the north, Avery Square on the east, SR161/LTS33 on the south and Liggett Road on the west as described in the legal description, identified as Exhibit A to the attached authorizing ordinance, Ordinance No. 56-94. A map is also attached which highlights the TIF district. At the time the TIF district was established, it was anticipated that a regional shopping mall in excess of one million square feet would be constructed with an estimated private investment value between $153 million and $170 million. Based on the estimated private investment, it was estimated that service payments between $2.9 million and $3.2 million per year would be generated and would fund the list of public infrastructure improvements identified as Exhibit B to Ordinance No. 56-94. The public infrastructure improvements were projected to cost $15 to $16 million. The estimates for the private and public improvements would result in a TIF payback period of approximately 5 years. Current Development Activity The mall development did not go forward and no other development activity has occurred within the TIF district. Approximately 83 acres of the 123+ acre TIF district was recently rezoned for mixed-use development at the request of the Ruscilli Development Company (Ruscilli). The 83- acre tract is known as "Perimeter West Office Park." S:ADATA\FINANCEUACOBSTIF.DOC City staff began working with Ruscilli this past summer on alternatives to complete the roadway and other infrastructure improvements associated with this site after it was preliminarily determined the Perimeter West site was selected by Rail Van, Inc., as their preferred location for relocation and expansion. It was determined the public infrastructure improvements identified in the existing Jacobs TIF needed to be modified. First, a significant number of the improvements identified have been completed by the City or are in the process of being completed, and funding via the TIF is no longer necessary. Secondly, there are improvements not included in the description of the public infrastructure improvements that are needed for the development on the Perimeter West site and general public benefit. The public infrastructure improvements previously included that are no longer being funded by the TIF have been identified on Exhibit B to Ordinance No. 56-94. Public infrastructure improvements not included in Exhibit B to Ordinance No. 56-94 that are needed for the development of Perimeter West include the following: • the extension of Perimeter Drive through the TIF district • the relocation of Post Road to connect with the extended Perimeter Drive • the construction of Perimeter Loop Drive in two phases • intersection improvements at Avery-Muirfield Drive and Perimeter Loop Drive • improvements at the current Post Road and US33/SR161 interchange In evaluating the phasing of the public infrastructure improvements, the administration worked with Ruscilli to compile cost estimates for the various public improvements identified, calculated estimated service payments based on square footage to be developed, and then prioritized which improvements are needed for the office building for Rail Van and which improvements would provide the most overall public benefit. The construction of Perimeter Drive from its current terminus to Post Road was determined to be ~r_ , the highest priority and, therefore, has been identified as a Phase I improvement on the attached Description of Public Infrastructure Improvements. Its completion would provide the necessary access to the Rail Van site and complete a critical roadway project identified in the City's Thoroughfare Plan and the Community Plan. The construction of approximately 600 feet of Perimeter Loop Drive southward from Perimeter Drive that will provide access to the office building constructed for Rail Van has also been included as a Phase I improvement. The estimated cost for the Phase I improvements is approximately $4 million. These improvements will be initially financed by the service payments from the initial building constructed for Rail Van (112,800 square feet) and an additiona148,200 square feet which was approved but will not be included in the initial building construction. The initial phase of the private improvements is estimated to generate approximately $282,000 per year in service payments, additional land required to be purchased by July 1, 2001 will generate an additional $95,000 per year in service payments, and the additional 48,200 square feet of office space is estimated to generate an additional $110,000 per year. The Phase II improvements are required to be completed before more than 210,000 square feet of building area can be occupied on the 83-acre site. The completion of Perimeter Loop Drive will be "up-fronted" by the developer and reimbursed over time as service payments are generated from the private improvements in excess of 210,000 square feet. The intersection improvements along Avery-Muirfield will be completed by the City and will also be reimbursed by service payments from private improvements. S:\DATA\FINANCEUACOB STIF. DOC .:.w ~ ~a. _ Full development of the 83-acre site is estimated to generate approximately $8.2 million over a five-year period. Development of the 83-acre site will provide sufficient funding to construct the Phase I infrastructure improvements and the Phase II infrastructure improvements that are required to allow the construction of more than 210,000 square feet of building area on the Perimeter West site. These improvements are estimated to cost a total of $6.4 million. Debt will be issued for the extension of Perimeter Drive, resulting in an additional $1.8 million incurred in interest cost for a total cost of approximately $8.2 million. The improvements to the current Post Road and US33/SR161 interchange could then be funded, at least in part, by the private development that may occur on the remaining TIF site. Ordinance No.128-99 amending and supplementing the original ordinance, Ordinance No. 56-94, is necessary to modify the description of the public infrastructure improvements and to rename the tax increment equivalent fund. The modifications to the public infrastructure improvements on Exhibit B to Ordinance No. 56-94 can be made without triggering the new TIF rules enacted in S.B. 19 that went into effect on July 1, 1994. This modification will provide necessary public infrastructure improvements that are needed to expand the City's income tax base and to complete the extension of Perimeter Drive. ~M, S:\DATA\FINANCEUACOBSTIF. DOC Description of Public Infrastructure Improvements Perimeter West The public improvements consist of all or part of the following: Phase I • Extension of Perimeter Drive from its current terminus to the US33/SR161 interchange. • Reconstruction of existing Post Road to connect with the extended Perimeter Drive. • Extension of Perimeter Loop Drive southward from Perimeter Drive approximately 600 feet to provide access to the first office site. Phase II • Continued extension of Perimeter Loop Drive southward to service additional sites and provide connection to the existing terminus of Perimeter Loop Drive. • Intersection improvements, including widening and signalization, at Perimeter Drive, Perimeter Loop Drive, and Post Road at Avery-Muirfield Drive. • Improvements to the current Post Road and US33/SR161 interchange, including intersections of Post Road with Hyland-Croy Road and Industrial Parkway, cost of engineering studies, design, improvements to approaches and ramps, traffic signals, street lights, landscaping and necessary utility improvements. The public roadway improvements include five-lane pavement for Perimeter Drive, three-lane pavement for Perimeter Loop, pavement widening on the identified roadways, curbs and gutters, street lighting, storm sewers, sidewalk and/or bikeways and landscaping within the right-of--way. In addition, the public improvements include design and other related costs, right-of--way acquisition, final plat preparation as required, erosion and sediment control measures, grading and other related work, survey work, soil engineering for the public street, construction staking and all k< other matters and activities necessary and appurtenant to those public improvements. S:\DATA\FINANCEUACOB STIF. DOC it~.%'' ~;;Y' 1 'mot i -1 Tf - 1 , ~ / rrv raa31~3 ' / ~ 'ice ~ _ 1 e/ ~ ~ ;r i m ~ i;' f" f m / / ~ to ~I o~ j , ~ 1 .`.1----,.L:.°., / ~ ° > ~ - - ~ _s~ art= / I . I N I. m i /il~ ~ i it 1; I ~ s ~ i u' it ~ I I i } ~ ~ ~ lJ • X ;1~ _ . f I~ I Q I 1'• -fail-- -j~;~-- - ~ ~.---nt~ I ~ w, f ; ~ i i :1 _ = Wiz. ~ / ~ ; „ f i ~ I I 1 ~ y ' ~ inn.>a~ a - ~ ~ n II Q II t- - - - w g~m - f~s a~~ 99-092DP Rail Van Perimeter West PCD 6805 Perimeter Drive ORDINANCE N0. 56-94 AN ORDINANCE DECLARING IMPROVEMENTS TO A CERTAIN PARCEL OF REAL PROPERTY TO BE A PUBLIC PURPOSE, DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT THAT PARCEL, REQUIRING THE OWNERS THEREOF TO MAKE SERVICE PAYMENTS IN LIEU OF TAXES, AND ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND, FOR THE DEPOSIT OF SUCH SERVICE PAYMENTS, AND DECLARING AN EMERGENCY. WHEREAS, Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43 provide that this Council may declare improvements to a parcel of real property located in the City to be a public purpose, thereby exempting those improvements from real property taxation for a period of time, specify public infrastructure improvements to be made to benefit that parcel, provide for the making of service payments in lieu of taxes by the owner thereof, and establish a municipal public improvement tax increment equivalent fund into which such service payments shall be deposited; and WHEREAS, Jacobs Development Co., an Ohio corporation, intends to acquire certain real property located in the City, which property is described in Exhibit A hereto (the Property), and contemplates making improvements to the Property, and this Council expects to make the public infrastructure improvements described in Exhibit B hereto, that once made would benefit the Property; and WHEREAS, the City has determined that it is necessary and appropriate and in the best interests of the City to provide for service payments in lieu of taxes with respect to the Property pursuant to Section 5709.42 of the Ohio Revised Code; and WHEREAS, notice of this proposed ordinance has been delivered to the Board of Education of each affected School District in accordance with Section $709.40 of the Ohio Revised Code; NOW, THEREFORE, BE IT ORDAINED by the Council of the Ciry of Dublin, Franklin, Union and Delaware Counties, Ohio, that: Section 1. Pursuant to and in accordance with the provisions of Ohio Revised Code Section 5709.40, this Council hereby finds and determines that 100% of the increase in true value of the Property subsequent to the effective date of this ordinance (which increase in true value is hereinafter referred to as the "Improvement" as defined in Section 5709.40) is a public purpose, and all of said Improvement is hereby declared to be a public purpose for a period of 30 years and exempt from taxation commencing on the date of passage of this ordinance and ending on the earlier of 30 years from such date or on the date on which the City can no longer require service payments in lieu of taxes under Sections 5709.40 and 5709.42 of the Revised Code, all in accordance with the requirements of said Sections 5709.40 and 4709.42. Section 2. The public infrastructure improvements set forth in Exhibit B hereto and to be made by the City are hereby designated as those public infrastructure improvements that benefit, or that once made wiii benefit, the Property (the infrastructure Improvementsj. Section 3. As provided in Section 5709.42 of the Revised Code, the owner of the Improvement is hereby required to, and shall make, service payments in lieu of taxes to the County Treasurer on or before the final dates for payment of real property taxes, which service payments shall be deposited in the Jacobs Mall Project Municipal Public Improvement Tax Increment Equivalent Fund established in Section 4 hereof. The Agreement between the City and Jacobs Development Co. or its successors and assigns, in the form presently on file with the Clerk of Council, providing for, among other things, the payment of such service payments, is hereby approved and authorized with changes therein not inconsistent with this ordinance and not substantially adverse to this City and which shall be approved by the City Manager and Director of Finance. The City Manager and Director of Finance, for and in the name of this City, are hereby authorized to execute that Agreement, provided further that the approval of changes thereto by those officials, and their character as not being substantially adverse to the City, shall be evidenced conclusively by their execution thereof. This Council further hereby authorizes and directs the City Manager, the Clerk of Council, the Director of Law, the Director of Finance, or other appropriate officers of the City, to make such arrangements as are necessary and proper for collection from the owner of said service payments in lieu of taxes. Section 4. This Council hereby establishes pursuant to and in accordance with the provisions of Section 5709.43 of the Ohio Revised Code, the Jacobs Mall Project Municipal Public Improvement Tax Increment Equivalent Fund (the Fund), into which shall be deposited all of the service payments in lieu of taxes distributed to the City with respect to the Improvements on the Property by or on behalf of the County Treasurer as provided in Section 5709.42 of the Ohio Revised Code, and hereby provides that all of the moneys deposited in the Fund shall be used solely for the following purposes: (i) To pay the cost of constructing the Infrastructure Improvements; and (ii) To pay the interest on and principal of bonds or notes issued by the City in order to finance the Infrastructure Improvements until such notes or bonds are paid in full. The Fund shall remain in existence so long as such service payments are collected and used for the aforesaid purposes, after which said Fund shall be dissolved in accordance with said Section 5709.43. Section 5. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of this Council is hereby directed to deliver a copy of this ordinance to the Director of the Department of Development of the State of Ohio within fifteen days after its passage. On or before March 31 of each year that the exemption set forth in Section 1 hereof remains in effect, the Clerk or other authorized officer of this City shall prepare and submit to the Director of the Department of Development of the "State of Ohio the status report required under Section 5709.40(D) of the Ohio Revised Code. Section 6. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 7. This ordinance is declared to be an emergency measure necessary for the ' immediate preservation of the public peace, health, safety or welfare of this City and for the further reason that this ordinance is required to be immediately effective in order to provide for the funding for the Infrastructure Improvements so that the Infrastructure Improvements may be constructed as quickly as possible; thereby permitting the Improvement to be constructed as quickly as possible, providing necessary jobs and employment opportunities and improving the economic welfare of the people of the City; wherefore, this ordinance shall be in full force and effect immediately upon its passage. Signed: residing Of icer - Attest: C~~~n•~ Clerk of Council Passed: l~ 1994 Effective: 1994 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY DESCRIPTION 123.2486 Acre ~Yact; Situated in the State of Ohio, Counties of Franklin and Union, City of Dublin, in Virginia Military Survey No, 3452 and being the 40.108 acre tract conveyed to the Seahawk Associates . Limited Partnership by deed of record in OR 14327 C02, and part of the 83.149 acre tract conveyed to the BJI. limited Partnership by deed o~ record OR 10507 D05, the Recorders Ofrice, Franklin County, Ohio, and being more particularly described as follows; Commencing at an iron pin found at the intezsection of the centerline of Liggett Road and the center line of Post Road, thence with the centerline of Post Road (60 foot right of way) the following courses, S 64° 10' 34" B, a distance of 395,65 feet to an ODOT monument; thence S 52° 44' 03" E, a distance of 828.52 feet to railroad spike, thence S 72° 06' 00" E, a distance of 181.15 feet to a railroad spire set at the northeast :corner of the Vicar Company 1.398 acre tract and the POINT OF BEGINNING; ' thence, continuing East along said line, adistant-e of 420.97 feet to an iron pipe found; thence S 87° 06' 00" B, a distance of 12.01 feet to an iron pin found; thence S 4° 42' 48" E, a distance of 30,27 feetito an iron pin and cap found on the south right of way line of Post Road, thence, with the said south right of way line, S $7° 06' 00" B, a distance of 280.25 feet to an iron pin and cap found; thence N 4° 42' 48" W, a distance of 30.27 felt to a railroad spike set in the center line of Post Road; thence, with the centerline of Post Road, S 87j 06' 00" E, a distance of 725.67 feet to a railroad spike found at the north west corner of the Hospital Properties Inc. 111.649 acre tract (OR 13642 G19); ' thence, with the west line of the said 111, 6491 acre tract, S 4 ° 42' 48" B, passing iron pins and caps at 30.27 feet and 2719.44 feet, in all, a ~.istancc of 2723,72 feet to an iron pin set in the northerly right of way line of U.S. Route 33; thence with the northerly right of way of U.S.~ 33 the following courses: with a curve to the right, having aTadius of 376.53 feet, a central angle of 23° 07' 11", and an arc of 1519.85 feet, the chord of which bears ;N 72° 18' 21" W a distance of 1509.56 feet to an iron pin and cap found; thence N 55° 14' 44" W, a distance of 71,97 feet to an iron pin and cap found; thence with a curve to the right, having a radius of 3759.53 feet, a central angle of 14° 16' S9", and an arc of 1265.27 feet, the chord of wh~ch bears N 49° 54' 19" W a distance of 1259.31 feet to an iron pin and cap found; thence N 36° 00' S3" W, a distance of 211,42 feet to an iron pin and cap found; thrnce N 49° 42' 46" W, a distance of 74.81 Feet to an iron pin and cap found; thence N 35° 40'39" W, a distance of 46,65 ~eet to an iron pin and cap found on the northerly right of way line of U.S. route 33 at the center lint of Liggett Road; thence, with the centezline of Liggett Road and the west line of Virginia Military Survey No. 3452, N 4° 03' 20" W, a distance of 840,70 feet t!o a railroad spike found at the southwest corner of the S.G.D. Company 2.550 acre tract (OR $825 C18); thence N $3 ° 16' 00" B, passing iron pins and caps at 284.90 feet and 975.10 feet, in ail a distance of 1125.10 feet to a 12"x 12" concrete post found at the southeast corner of the Vicar Company 1.398 acre tract (OR 6707 I17); thence, with the east line of said 1.398 acre tra~t, N 4 ° 45' 34' W, passing an iron pln and cap at 325.43 feet, in all a distance of 357,94 feet to the POINT OF BEGINNII~IG; said described tract containing 123.2486 acres; more or less; of which 0.7652 acre is in Union County and 122.4834 acres are in Franklin County. Also, of the 0.7652 acre in Union County 0.295 acre is presently occupied by the right of way of Post Road. , Also, of the 122.4834 acres in Franklin County, 0.3934 acre is presently occupied by the right of way of Liggett Road and 0,5083 acre is presently occupied by the right of way of Post Road. Exhibit B: Description of Public Infrastructure Improvements JACOB S MALL Public Improvements The public improvements consist of all or a part of the following as determined in the agreement referred to in Section 3 of the attached Ordinance: ®1. Reconstructing Past Road to three lanes from the US 33 interchange eastward to the west property line of the proposed mall site approximately 1,700 feet. ® 2. Extending Perimeter Drive west approximately 1,900 feet from Avery Road to the east property line of the proposed mall site. © 3. Widening Avery Road between Perimeter Drive to the US 33 interchange. © 4. Widening the Avery Road bridge over US 33. © 5. Widening the US 33 westbound off-ramp at Avery Road. 6. Widening the US 33 eastbound on-ramp at Avery Road. 7. Constructing turn lanes and traffic signals at the following intersections: Avery Road and Post Road ~ Avery Road and south US 33 ramp intersection ® Avery Road and Muirfield Drive ® Muirfield Drive and Tara Hill Drive © Muirfield Drive and Sells Mill Drive © Coffman Road and Shier-Rings Road t 8. Up ading existing traffic signals and constructing turn lanes at the following: Avery Road and Shier-Rings Road © Avery Road and north US 33 ramp intersection Avery Road and Perimeter Drive 0 9. Constructing a new eastbound loop US 33 on-ramp in the southwest quadrant of the Avery and US 33 interchange. ®10. Constructing Coffman Road bridge over US 33. Q 11. Extending Coffman Road south approximately 1,000 feet from US 33 to Shier-Rings Road. The public roadway improvements include three-lane pavement for Perimeter Drive, pavement widening on the identified roadways, curbs and gutters, street lighting, storm sewers, sidewalk and/or bikeways, a bikeway underpass at the intersections of Perimeter Drive and Avery Road, and at Avery Road and Post Road, and landscaping within the right-of--way. 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