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Ordinance 054-16RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance N654-16(Amended) Form No. 30043 Passed .20 AN ORDINANCE AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016 WHEREAS, the Ohio Revised Code requires, when necessary, amendments to the annual appropriations ordinance be made in order that appropriations are not over expended; and WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding in certain budget accounts; and WHEREAS, at the beginning of each year, it is necessary to appropriate unencumbered balanced in various funds to authorize those funds for debt payments, project - related expenditures and other miscellaneous expenses. NOW, T REFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1. There be appropriated from the unappropriated balance in the General Fund the amount of $178,000 as follows: Legal Services 10110140- 713003 Other Legal Services $40,000 10110140 - 713004- Other Professional Services $25,000 Legislative Affairs 10110510 - 701100 Salaries /Wages $15,000 10110510 - 701201 Employee Benefits 3,000 Taxation 10110220- 701201 Employee Benefits $10,000 Facilities 10110350701201 Employee Benefits $10,000 Engineering 10120320- 701201 Employee Benefits $15,000 Plannin 10120720713004 Other Professional Services $60,000 Section 2. There be appropriated from the unappropriated balance in the Street Maintenance Fund the amount of $25,000 to be allocated to account 20170330- 701104 for other wages for seasonal maintenance. Section 3. There be appropriated from the unappropriated balance in the Hotel /Motel Tax Fund the total amount of $300,600 to be allocated to account 23240220 - 754003. Of that amount, $100,000 is for Dublin Arts Council /City of Dublin Cultural Plan development and a National Endowment for the Arts grant match requirement, and $200,600 is for anticipated additional bed tax revenue which is to be paid to the Dublin Arts Council (Resolution 15 -16 passed by City Council in March 206.). Section 4. There be appropriated from the unappropriated balance in the Safety Fund the amount of $20,000 to be allocated to account 24150841 - 701103 for overtime for Communications Technicians (dispatch). Section S. There be appropriated from the unappropriated balance in the Economic Development Bond Retirement Fund the amount of $1,518,500 to be allocated to RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 54- 16(Amended) Passed Page 2 of 4 Form No. 30043 .20. account 31190290763004 for interest costs related to the non -tax revenue bond debt related to the Bridge Street parking structures. Section 6. There be appropriated from the unappropriated balance in the Special Assessment Debt Fund the amount of $692.60 to be allocated to account 32096290- 741000 to transfer funds to the General Obligation Debt Service Fund to clear the fund balance in the account. Section 7. There be unappropriated from the appropriated balance in the 1992 Special Assessments Debt Service Fund the amount of $10.11 to account 32196290- 741000 to transfer funds to the General Obligation Debt Service Fund to clear the fund balance in the account. Section 8. There be appropriated from the unappropriated balance in the Ruscilli TIF Fund the amount of $725 to be allocated to account 41510290- 711001 for County Auditor deductions related to real estate tax. Section 9. There be appropriated from the unappropriated balance in the Pizzuti TIF the amount of $66,000 to be allocated to account 41680290 - 735001 for the purpose of acquiring easements for a shared use path. Section 10. There be appropriated from the unappropriated balance in the Thomas /Kohler TTF Fund the amount of $10,000 to be allocated to account 41980320- 713004 for other professional service related to the Avery Road widening project (ET142). Section 11. There be appropriated from the unappropriated balance in the Rings Road TIF Fund the amount of $4,300 to be allocated to account 42610290- 711001 for County Auditor deductions related to real estate tax. Section 12. There be appropriated from the unappropriated balance in the Upper Metro Place TIF the amount of $20,000,000 to be allocated to account 43280320 - 735004 for construction of the 270/33 interchange project. Section 13. There be appropriated from the unappropriated balance in the Rings /Frantz Road TIF Fund the total amount of $64,500. Of that amount, $64,000 is to be allocated to account 43380320- 713004 for other professional services related to the Tuttle Crossing Boulevard Extension- Wilcox Road to Avery Road /Avery Road widening project (ET013), and $500 is to be allocated to 433803200735004 for costs related to the permitting for the Rings Road shared use path (ET16G). Section 14. There be appropriated from the unappropriated balance in the Emerald Parkway phase B Fund the amount of $182,650. Of that amount, $31,000 is to be allocated to account 44180320 - 713004 for design services related to the Bright Road cul -de -sac improvements project (ET17T), and $151,650 is to be allocated to account 44196290- 741000 for debt service on Emerald Parkway Phase 8. Section 15. There be appropriated from the unappropriated balance in the Kroger Centre TIF Fund the amount of $99,500 to be allocated to account 45496290- 741000 for transfer expense for debt related to Emerald Parkway phase 8. Section 16. There be appropriated from the unappropriated balance in the Vrable TIF Fund the total amount of $43,900. Of that amount, $1,900 is to be allocated to account 45810290- 711001 for County Auditor deductions, and $42,000 is to be allocated to account 45880320 - 735004 for construction costs related to the Dale Drive — Tuller Ridge Drive temporary connector project (ET147). Section 17. There be appropriated from the unappropriated balance in the West Innovation TIF Fund the amount of $926,000 to be allocated to account 45980320- RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance N16.54- 16(Amended) Form No. 30043 Passed Page 3 of 4 .20 735006 for costs related to the State Route 161 /Post Road and Cosgray Road roundabout project related to the cooperative agreement between the City, Union County and Franklin County (ET17Q). Section 18. There be appropriated from the unappropriated balance in the Ohio University TIF Fund the amount of $167,125 to be allocated to account 46080290- 735001 for costs related to the settlement entry related to the purchase of easements for the Academic Drive, phase 1 project. Section 19. There be appropriated from the unappropriated balance in the Tuller TIF the amount of $184,000 to be allocated to account 46180320735004 for costs related to the construction of John Shields Parkway Phase II. Section 20. There be appropriated from the unappropriated balance in the Innovation TIF Fund the amount of $1 to be allocated to account 46410290- 711001 for County Auditor deductions related to real estate tax. Section 21. There be appropriated from the unappropriated balance in the Riviera TIF Fund the amount of $9,000 to be allocated to account 46580320- 735001 for pedestrian crossing signs at Avery Road and Memorial Drive (ET16N). Section 22. There be appropriated from the unappropriated balance in the Water Fund the total amount of $6,000. Of that total, $5,000 is to be allocated to account 61030320 - 701100 for salaries and $1,000 is to be allocated to account 61030320- 701201 for benefits. Section 23. There be appropriated from the unappropriated balance in the Sewer Fund in the total amount of $50,000 to be allocated to 62080320 - 735008 for the Deer Run Sanitary Sewer Upsizing project. Section 24. There be appropriated from the unappropriated balance in the Convention and Visitors Bureau (DCVB) Fund the amount of $311,500 to be allocated to account 80410220- 751008 for remittance of hotel /motel tax to the DCVB. Section 25. There be appropriated from the unappropriated balance in the Agency Funds to total amount of $303,260. Of that total, $225,000 is to be allocated to 80510210 - 711004, sewer tap paybacks, $35,000 is to be allocated to 80510210- 755008 for parks refunds on shelter rental, and room rental at the DCRC, $10,000 is to be allocated to 80510210 - 755012 for refunds to Washington Township, and $33,260 is to be allocated to OU s Tantrum Theater for refunds. Revenue to this account offsets this expense. Section 26, The Director of Finance is hereby authorized to advance monies from the General Fund and Capital Improvement Tax Fund for the purpose of paying the costs related to capital improvements within the City's various Tax Increment Financing Funds. The amounts are as follows: From the General Fund: To Woerner- Temple TIF $309,000 To Bridge Street TIF $2,500,000 To vrable TIF $2,025,000 To West Innovation TIF $937,500 To duller TIF $5,700,000 To Riviera TIF $9,000 To Ohio University TIF $168,000 From the Capital Improvement Tax Fund: To Frantz Road /Dublin Road TIF $200,000 To Perimeter West TIF $5,000 RECORD OF ORDINANCES Damn Leeal Blank. Inc. Ordinance No.54- 16(Amended) Form No. 30043 _ Passed Page 4 of 4 , 20 To Lifetime Fitness TIF $450,000 To Bridge Street TIF $2,500,000 To Permissive Tax Fund $2,200,000 Section 27. The Director of Finance is hereby authorized to repay outstanding advances from the receiving fund to the advancing fund using revenues generated within each respective fund. Sectio 8. This ordinanc shall take effect and be in force in accordance with Sectio .04(a) of the Dub'/ City Charter. Pa se this 12016 Mayor — Presiog Offiq& TTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway •Dublin, OH 43017 -1090 City of Dublin Phone: 614-410-4400,o Fax: 614 - 410 -4490 Memo To: Members of Dublin City Council From: Dana L. McDaniel, City Mana eg Initiated By: Angel L. Mumma, Director of Finance Melody Kennedy, Budget Manager Date: November 17, 2016 (original memo) December 1, 2016 (modified memo) Re: Ordinance 54 -16 (Amended) — Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2016 Changes to Ordinance 54 -16 and this memo are reflected in red. Summary Ordinance No. 54 -16 amends the annual appropriations for the fiscal year ending December 31, 2016 in the General Fund and in various other funds to provide sufficient funding in certain budget accounts. Section 1 requests funding authorization in General Fund accounts as follows: • Legal Services — requests funding for legal fees related to special projects with Frost Brown Todd, LLC (rights -of -way matters, land purchases, eminent domain, City Manager special projects, union negotiations, Bridge Street Corridor, etc.) and other professional services with Squire Patton Boggs LLP to cover costs related to legal advice and review for financing multiple City projects and economic development incentives. • Engineering, Facilities, Legislative Affairs and Taxation — requests funding for salaries /wages and /or employee benefits where the 2016 budget projection fell short of meeting the expenses in each of these accounts. Initiating Department: Department of Finance • Planning — requests funding for an addendum to the Nelson /Nygaard Mobility Study. The addendum covers the management tools for on and off- street parking within the Bridge Street District. Initiating Department: Planning Section 2 requests funding in the Street Maintenance and Repair Fund to close out the Other Wages account for seasonal maintenance workers for the year. Initiating Department (Section 2): Street &Utilities Operations Memo re. (Amended) Ord. 54 -16 — Amending Annual Appropriations for 2016 December 1, 2016 Page 2 of 6 Section 3 requests funding in the Hotel /Motel Tax Fund. On September 8, 2015, City Council approved funding for the Dublin Arts Council (DAC) in the amount of $25,000 for a cultural plan development to complete a strategic cultural arts plan and to identify a cultural arts district, and $75,000 for a grant match requirement for the National Endowment for the Arts. The requests were initiated in a memo dated September 3, 2015 from Assistant City Manager Michelle Crandall. The memo is attached for your review. Section 2 also requests funding in compliance with Resolution 15 -16 approved during the March 7, 2016 City Council meeting. In the Resolution, the DAC's funding endowment agreement was modified to provide the DAC with 25% of the actual Hotel /Motel Tax collected by the City. Previously, the DAC received 250/0 of a projected collection amount. To date, the City has expended 124% of the 2016 budget for the DAC. One additional remittance in December will be made prior to year -end. The estimate was based on last year's December payment. The Ordinance has been amended to reflect the supplemental appropriation being posted to a single account 23240220- 754003 instead of two accounts. This change is necessary to better reflect the accounting for DAC expenditures. Initiating Department (Section 3): City Manager's Office Section 4 requests funding in the Safety Fund for overtime for the Communications Technicians (dispatchers). This overtime is necessary to cover the minimum staffing levels (which was increased in 2016). Additionally, overtime has been used to cover shifts for time off, and shifts due to a vacancy in the work unit. Initiating Department (Section 4): Police Department Section 5 requests funding in the Economic Development Bond Retirement Fund for the interest due on the non -tax revenue bonds for the Bridge Street District parking structures. These are unvoted bonds approved by City Council and issued in October 2015. Section 6 and 7 request funding authorization to transfer the funds remaining in the Special Assessment Debt Service Funds to the General Obligation Debt Service Fund. The Special Assessment Debt Service Funds were established to account for the revenues and expenditures related to the debt issued for projects where a special assessment was levied against the benefiting property owners. Due to the method of how debt retirement schedules were established at the time (level principal payments versus level payments), sufficient special assessment revenue was not generated in the early years of the debt and the Special Assessment Funds were subsidized by the General Fund. This has resulted in the debt being retired with a balance remaining in the Special Assessment Debt Service Fund. Any additional special assessment revenue received will be minimal and also will be transferred to the General Obligation Debt Service Fund. Sections 8 and 24 2_0_ requests funding in the Ruscilli TIF Fund and the Innovation TIF Fund for County Auditor deductions for processing the City's real estate tax apportionment. Section 9 requests funding in the Pizzuti TIF for permanent and temporary easements for the shared -use path connection to Smiley Park (Ordinances 38 -16 and 39 -16). Memo re. (Amended) Ord. 54 -16 — Amending Annual Appropriations for 2016 December 1, 2016 Page 3of6 Section 10 requests funding in the Thomas /Kohler TIF Fund for costs related to the Avery Road widening project, north phase, from Cramer Ditch to Woerner - Temple Road. Addendum #2 of the contract with American Structurepoint states the scope of the services includes traffic and engineering services to generate projected traffic for the intersections of Avery Road and Cramer's Crossing /E. Rings Road and Avery Road and Corporate Center /Blunden Road. requests funding for County Auditor deductions related to a refund of real estate tax on the properties located at 5165 and 5175 Emerald Parkway. Both of these parcels are included in the McKitrick TIF District. The owners of the parcels submitted Board of Revision appeals on the valuation of their properties and were granted reductions. Subsequently, the City was compelled to make property tax refunds on the two parcels. This section has been removed from the amended Ordinance. Section x-11 requests funding for County Auditor deductions related to a refund of real estate tax on the property located at 5455 -5475 Rings Road. This parcel is included in the Rings Road TIF District. The owner of the parcel submitted a Board of Revision appeal on the valuation of the property and was granted a reduction. Subsequently, the City was compelled to make a property tax refund on the parcel. Section -1-3 12 requests funding in the Upper Metro Place TIF Fund to pay for expenditures for the 270/33 Interchange project. The City issued a State Infrastructure Bank (SIB) Loan through ODOT in 2015. The total loan was issued by the City. However, there is a portion of the loan for which the City is responsible for repaying the principal and interest and a portion for which Mid -Ohio Regional Planning Commission (MORPC) is responsible for repaying the principal. The City will pay MORPC's portion of the interest. ODOT is distributing the loan proceeds for both portions directly to the contractor to pay for the project. Even though the City is not receiving or distributing cash, it is required to record the "on- behalf" payments submitted by ODOT on its books. The amounts paid to the contractor represent proceeds of the SIB loan and capital outlay expenditures. The net effect on fund balance will be zero but the "'on- behalf" payments must be recorded in revenues and expenditures. Also, the proceeds of the loan will be reflected in the amended certificate as estimated revenue. The expenditures should be appropriated and reflected in the budget of the fund. This treatment follows accounting guidance issued by the Auditor of State. The amount has been amended in the Ordinance to $20,000,000 to reflect estimated expenditures through December 31, 2016. Initiating Department (Sections 5, 6, 7, 8, 9, 10, 11, 12, 43, ZO Department of Finance; (Section 9): Department of Public Works - Engineering Section -14 13 requests funding in the Rings /Frantz TIF Fund for costs related to the Tuttle Crossing Boulevard extension and Avery Road widening project. Addendum #5 of the contract with American Structurepoint states the scope of the services includes additional work including performing field survey and engineering services to provide a water service connection to the Kaltenbach Park Community Center, the study of mounds and hedge row along Avery Road and Tuttle Crossing Boulevard, plan and calculation updates due to the addition of a hedge row along Tuttle Crossing Boulevard, and landscape architecture services. Funds are also requested Memo re. (Amended) Ord. 54 -16 — Amending Annual Appropriations for 2016 December 1, 2016 Page 4 of 6 for permitting fees related to the shared use path on Rings Road, between Frantz Road and Dublin Road. Section 4-5 14 requests funding in the Emerald Parkway Phase 8 Fund for other professional services related to design and planning of the Bright Road cul -de -sac improvements. These improvements were planned as a final phase to completion of Emerald Parkway Phase 8. The amended Ordinance is reflecting a change in the amount of the appropriation from $31,,000 to $182,,650 to include debt transfers of $151,650. Initiating Department (Sections 13, 14, Department of Public Works - Engineering Section 4-6 15 requests funding in the Kroger Centre TIF Fund for transfer expense for debt related to issues in 2013 and 2014 for Emerald Parkway Phase 8. This debt was previously authorized by City Council and issued to fund improvements benefitting the City's Tax Increment Financing (TIF) district, as identified in the TIF ordinance. The service payments received within the TIF will be used to retire the debt. Initiating Department (Section 25, 4-6): Department of Finance }in~ 17 requests funding in the Bridge Street Fund. Both the professional services account and the construction account are requesting additional funding. The professional services account is requesting funding for a portion of the modification of the Structure Type Study for the John Shields Parkway Bridge, addendum #1. Earlier in the year, the City requested additional work from Burgess & Niple beyond their original scope of work. The additional areas of work include revising the development of the bridge alternatives for five (5) vehicular lanes; add a study of a steel above -deck dual arch alternative; baseline construction cost estimate for steel haunched girder concept; and additional meeting to present the final renderings and information for four (4) studied alternatives. A portion of the funding for the AT &T Midwest work is also being requested. In relation to the John Shields Parkway Phase 2 project, AT &T relocated aerial facilities along Riverside Drive and Dale Drive from Tuller Road to Martin Road. This section has been removed from the amended Ordinance. Section 4-8 16 requests funding in the Vrable TIF Fund for County Auditor deductions, and for construction costs related to the Dale- Tuller connector project (ET147). The Dale Drive/Tuller Ridge Drive project has been closed -out and the final pay request released. However, Complete General filed a claim for excessive rock excavation costs when installing a duct bank. The City and Complete General came to an agreed upon settlement, which this appropriation will fund. Section -19 17 requests funding in the West Innovation TIF Fund for construction costs related to the roundabout construction at State Route 161 and Cosgray Road. Per the cooperative agreement between the City, Union County and Franklin County, the City's share of the payments are made to the Union County Commissioner's Office (Ordinance 15 -16 approved 4/25/16). Memo re. (Amended) Ord. 54 -16 — Amending Annual Appropriations for 2016 December 1, 2016 Page 5 of 6 Section �9 18 requests funding in the Ohio University TIF Fund for the settlement entry related to property purchased for the Academic Drive, phase 1 project. Ordinance 88 -14 (approved 8/25/14) authorized the purchase from Pewamo Ltd. of the necessary easements for construction of the project. Section 19 requests funding in the Tuller TIF for construction expenditures related to the John Shields Parkway, phase 2 project. Section 21 20 (see section 8 above). Section 21 requests funding in the Riviera TIF Fund for pedestrian crossing signs at Avery Road and Memorial Drive. As described in the Riviera development agreement, the City is also responsible for providing the pedestrian crossing sign system associated with the Avery Road crosswalk at Memorial Drive. The timing of the sign system should correspond to the developer's installation of the crosswalk (curb ramps, striping and sign foundations) on Avery Road. The crosswalk is expected to be installed this year, in conjunction with the turn lane work the developer is performing. The Riviera CIP project acknowledges the need for the crossing system purchase, but assumed the timing would be closer to the Hyland -Croy roadway connection. The developer's construction schedule is driving the earlier need for the system. The turn lane work has been delayed the past few weeks, but completion later this year is still anticipated. Initiating Department (Sections 16, 17, 18, 19, 28, 21): Department of Public Works - Engineering Section -2-3 22 requests funding in the Water Fund to cover salaries and benefits for engineering staff. The budget project made for 2016 fell short of meeting the expenses. Initiating Department (Sections 23 22); Department of Finance Section -24 23 requests funding in the Sewer Fund for two sewer projects: the Deer Run Sanitary Sewer Upsizing project provides funding for upsizing of existing sewer lines in the Muirfield Village area as described in the 2016 -2020 CIP. The funding will be reimbursed with bond proceeds in 2017. Funding is needed for easements and construction. The Sanitary Sewer Extension 11A and 116 provides access to the public sanitary sewer system for Lancashire subdivision and Dublin Estates subdivision. Funding is needed to begin design. The amended Ordinance is reflecting a change in the amount of the appropriation from $660.,000 to $50,,000. Initiating Department (Section 23): Department of Public Works - Engineering Section 24 requests funding in the Dublin Convention and Visitors Bureau Fund. City Council approved a 40% funding increase for the DCVB (from 25% to 35% of bed tax revenue collected) to be used for sales and marketing campaigns for the City. Funding for 2016 was adjusted for the DCVB to 35 %, and the decrease in funding to the Hotel /Motel Tax Fund to 65 %. For 2016, $765,000 was budgeted for remittance to the DCVB. To date, more than Memo re. (Amended) Ord. 54 -16 — Amending Annual Appropriations for 2016 December 1, 2016 Page 6of6 $956,300 has been remitted, and the City has expended 125% of the 2016 budget for the DCVB. One additional remittance in December will be made prior to year -end. Section 2-6 25 requests funding in the Agency Funds for sewer tap paybacks, refund for Park /CRC deposits, refunds for Washington Township, and refunds to OU's Tantrum Theater. The Agency Funds are used to account for the assets held for distribution by the City as an agent for another entity for which the City has custodial responsibility. For this reason, the Agency Funds are considered clearing accounts and do not provide measurement of operations, and they are not required to be budgeted. However, the City prefers to monitor the accounts, and to the extent possible, eliminate deficit balances. Therefore, supplemental amounts are requested as shown in the accompanying ordinance. All payments made from the accounts within the Agency Fund have revenue to offset the expenses with no net impact to the City's financial balance. Initiating Department (Sections 24, 25, : Department of Finance Sections 26 and 27 authorize the Director of Finance to advance funds from the General and Capital Improvement Tax Fund to the various TIF funds (Section 26) and repay any outstanding advances as revenues become available (Section 27). Advances are not required to be budgeted per the Auditor of State. As a result, in the past, the advancement of funds from one fund to another has been completed by the Director of Finance without specific Council authorization. However, during the 2015 financial audit, it was recommended that the Director of Finance obtain acknowledgement from City Council of the advances that were to be made. In order to avoid this in the future, the 2017 appropriation ordinance includes funding for the anticipated advances that will need to be made during the year. This appropriates the funding for the advances (which is not required) but accomplishes the acknowledgement by City Council that the advances are expected to occur. Recommendation Staff has made a concerted effort to bring forward to City Council the accounts that need additional appropriations before year -end. Every effort was made to comply with City Council's request for two public readings with regard to appropriation ordinances and the desire to hold emergency legislation to a minimum. As year -end approaches, and in order to be in compliance with Ohio Revised Code and not have any line item accounts shown in the negative, it may become necessary for this ordinance to be amended prior to the December 5 meeting. Staff recommends passage of Ordinance 54 -16 (Amended) at the second reading /public hearing on December 5, 2016.