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84-08 OrdinanceRECORD OF ORDINANCES Dayton Lcgal Blank. Inc. Form No. 30043 Ordrrurnce No 84-08 Passed . ~0 AN ORDINANCE AMENDING ORDINANCE NO. 14-98 PASSED MARCH 16, 1998, TO SUPPLEMENT THE PUBLIC IMPROVEMENTS TO BE MADE TO BENEFIT THE PARCELS IDENTIFIED IN THAT ORDINANCE, AND DECLARING AN EMERGENCY (EMBASSY SUITES). WHEREAS, pursuant to Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43, this Council on March 16, 1998 passed Ordinance No. 14-98 (the "TIF Ordinance") thereby declaring improvements to parcels 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 Infrastructure Improvements) to be made to benefit those parcels, providing for the making of service payments in lieu of taxes (the "Service Pcrynzents") by the owner(s) thereof, and establishing a municipal public improvement tax increment equivalent fund (the "Fund") into which those Service Payments were to be deposited; and WHEREAS, this Council desires to specify additional public infrastructure improvements benefiting those parcels; and WHEREAS, notice of this amendment to the TIF Ordinance has been timely delivered to the Dublin City School District and the Tolles Career & Technical Center in accordance with Ohio Revised Code Section 5709.83; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin and Union Counties, Ohio, ~ of the elected members concurring, that: Section 1. The public infrastructure improvements set forth in Exhibit B to the TIF Ordinance and to be made or caused to be made by the City shall also include (a) the addition of lanes between I-270 and the Avery-Muirfield Drive interchange and from the Avery-Muirfield Drive interchange to the SR 161/Post Road interchange, including additional pavement, storm sewer, ditch relocation, lighting, traffic signalization, preparation of a safety study, environmental documents, preliminary engineering, design, right-of--way plans and any other related costs, right-of--way acquisition, erosion and sediment control measures, grading, landscaping and other related work, survey work, soil engineering and construction staking, and all other necessary costs and improvements, and (b) intersection improvements including grade separation of movements to facilitate the movement of traffic through the SR 161 corridor, including the widening of the at-grade US 33/SR 161 at Frantz Road intersection, turn lanes, a bridge or tunnel, any pumping mechanisms required for a tunnel or other items as necessary, retaining walls, railing, curb and gutter, the installation of any necessary traffic signal(s), public utilities which include water mains, sanitary sewer, storm sewers, street lighting, sidewalks, bike paths, parking lot modifications, business signage restoration or improvements, public park development, landscaping and any other related costs, preparation of environmental documents, preliminary engineering, design, right-of--way plans and any other related costs, right-of--way acquisition, erosion and sediment control measures, grading and other related work, survey work, soil engineering and construction staking, and all other necessary costs and improvements, each together with all other necessary appurtenances thereto, which improvements will benefit the Property (as defined in the TIF Ordinance). Section 2. Except as provided herein, all other provisions of the TIF Ordinance shall remain in full force and effect and the City Manager and Director of Finance are directed to make such arrangements as are necessary and proper for collection of the Service Payments. Those City officials are further authorized to provide such information and to execute, certify or furnish such other documents, and to do all of the RECORD OF ORDINANCES Ordinafzce No. 84-08 Page 2 Passed . 20 things as are necessary for and incidental to carrying out the provisions of this Ordinance. Section 3. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of 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. 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 necessary for the immediate preservation of the public peace, health, safety or welfare and shall therefore be in full force and effective upon passage. Signed: Mayor -Presiding Officer Attest: 1 ~ ~ Clerk of Council Passed: ~-~~'-~~~.,,~-~;~ ~ , 2008 Effective: ~ C' 21~.~CCY ,~, 2008 CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OII 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 TO: Members of Dublin City Council TROM: Marsha I. Grigsby, Interim City Manager ~`~'~~ DATE: December 4, 2008 Memo INITIATEll BY: Bryan K. Thurman, Deputy Director of Finance Summary RE: Ordinance No. 84-08, Amending Ordinance No. 14-98 (Embassy Suites Tax L~crement Financing (TIF) District] As indicated in the previous staff memo, Ordinance 84-08 provides for amendments to the existing legislation that established the Embassy Suites TIF District. At the first reading of the legislation, a concern was expressed about the deferral of property tax for Tolles Career & Technical Center (Tolles). Additional information was also requested regarding funding sources for Tolles. It is important to note that because of concerrs that had been expressed by Tolles about TIFs in the past, City staff met with Carl Berg, Superintendent and Steven Hull, Principal in addition to sending Tolles the required notice required by Ohio law. During that discussion, it seemed that Tolles was concerned about the use of the term "non-school" TIF. Because they are a school district, they believe use of that term would not be accurate. Staff expressed the City's desire to work with Tolles on potential alternatives when future TIF districts are established. The following websites were utilised to obtain information: Franklin County Auditor, Ohio Auditor of State, Dublin City Schools and Tolles. Although some limited financial information was received from Tolles for the fiscal year ended June 30, 2008, the financial data used was from their last audited financial statement, which was for the fiscal year ended June 30, 2007. 7"ones includes the following seven school districts: Dublin City Schools Fairbanks Local Schools Hilliard City Schools Jefferson Local Schools Jonathan Alder Schools Londai City Schools Madison Plains Local Schools Services provided by Tolles include instruction, support services, operation and maintenance, shident transportation and extracurricular activities. These services are primarily funded by property tax revenues and from intergovernmental revenues, including federal and state grants and other shared revenues. Memo to Council re Ordinance 84-08 -TIP Agreement (Embassy Suites) December 4, 2008 Page 2 Similar to the City, their General Fiord is Tolles' most significant fund. For their fiscal year ended June 30, 2007, their cash basis General Fund revenues totaled $8,381,784.00. Property tax revenues are only credited to the General Fund and totaled $5,274,733.00 or approximately 63 percent of the Fund's total revenues. The property tax revenues for Tolles' fiscal year ended Jw~e 30, 2008 increased to $7,461,374.00 or approximately 65 percent of Tolles' General Fuud revenues, due to their millage collection rate increase from .5 mills to 1.3 mills for tax year 2006, collected and distributed in March and August of 2007. Per Tolles' June 30, 2007 financial report, their total assessed value for tax year 2006 was $6,434,630,942.00. The City of Dublin's total assessed value for tax year 2006 was $1,920,898,766.00 or approximately 30 percenC of Tolles' total assessed valuation. Based on their reported General Fund tax revenue of $5,274,733.00 and the fact that the City's assessed valuation is approximately 30 percent of Tolles' total valuation, it is estimated that 30 percent or $1,582,420.00 of the total property tax revemie received by Tolles for fiscal year ended June 30, 2007 would have been generated by property within the City of Dublin. Based on discussions with their Treasurer, it was learned thaC 55 of Tolles' total enrollment of 585 are students from the Dublin City School District. It is not known whether these students are located within the corporate limits of Dublin; however, according to the Dublin City Schools, 59.9 percent of their high school enrolhnent are students who live in the City of Dublin. Using this percentage, approximately 33 students enrolled at Tolles would be from within the Dublin corporate limits. This is roughly C> percent of Tolles' total enrollment. Staff recognizes the valuable educational opportunities provided by Tolles for Dublin and the surrounding area and will contimie discussions regarding potential future partnerships. Based on Dublin's strong property tax base, the City provides approximately 30 percent of the property tax revenue received by Tolles while having Dui estimated six percent of the students. Recommendation Staff recommends that Ordinance 84-08 he adopted at its second reading/public hearing on December 8, 2008. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 CITY ON DLBLIN To: Members of Dublin City Council From: Marsha I. Grigsby, Interim City Manager~~C~ Date: November 13, 2008 Initiated By: Bryan K. Thurnian, Deputy Director of Finance Re: Ordinance 84-08, Amending Ordinance 14-98 [Embassy Suites Tax Increment Financing (TIF) District] Summary Memo Ordinance 84-08 provides for amendments to the existing legislation that established the Embassy Suites TIF District. The Embassy Suites TIF District was established in 1998 to provide a funding mechanism for the construction of Upper Metro Place from Frantz Road to Metro Place North. The public improvements were paid for by the developer, with the City reimbursing them as service payments are received. The developer will be reimbursed after the first half distribution of service payments in 2009. The modifications proposed by Ordinance 84-08 provide for the addition of: (1) lanes between I-270 and the Avery-Muirfield Drive interchange and from the Avery-Muirfield Drive interchange to the SR 161/Post Road interchange, including preparation of a safety study, environmental documents, preliminary engineering, design, right-of--way plans, and all other necessary costs and improvements; and (2) intersection improvements, including grade separation of movements to facilitate the movement of traffic through the SR 161 corridor, including the widening of the at-grade US 33/SR 161 at Frantz Road intersection (as defined in the TIF Ordinance). The public improvements described in this amendment will improve traffic flow along US 33/SR 161 which, in turn, improves traffic flow to the parcels in the TIF district. These modifications will extend the period of time that service payments will be received and allow the service payments that will be received from the "non-school" TIF to be utilized for costs related to the construction of the above-described improvements. Modifying the existing legislation will allow the City to begin collecting and reserving the service payments from the "non-school" TIF for the future construction of these improvements. The required notices have been sent to the Dublin City School District and the Tolles Career & Technical Center and we have met with both jurisdictions to discuss the legislation. Based on current building values and millage, the TIF will generate approximately $205,500 annually in service payments. The modification of the TIF district and the reservation of the service payments from the "non-school" TIF do not result in any obligation to initiate the construction of the public improvements within a certain period of time. Memorandum re Ordinance 84-08, TIF -Embassy Suites November 13, 2008 Page Two The Dublin City Schools will continue to receive payments from properties located in the Embassy Suites TIF district. As you are aware, other governmental jurisdictions are impacted by the establishment of TIF districts. In Franklin County, several agencies have operating levies. For those agencies, the Embassy Suites TIF will result in the following estimated property tax deferrals: • Children's Services $30,200 • ADAMH 14,800 • MRDD 40,000 • Metro Parks 150 • Zoo 4,800 • Office on Aging 6,000 • Library 7,900 It is important to keep in mind how these dollars compare to the overall tax revenue collected by these agencies. The total assessed valuation for all of the City's established TIF districts is $371.7 million, less than one and one-half percent of Franklin County's total assessed valuation. Also, the improvements to be supported by these service payments will not only provide a benefit to the City, but to the region as well. Washington Township has several operating levies for fire and EMS services. The total additional revenue deferred for these levies is approximately $65,300. The revenue from inside millage is deferred as well. Outside of the School District, the City's impact is the highest at approximately 514,000. The property tax deferred for Tolles Career & Technical Center is approximately $8,700. The City's ability to continue investing in public infrastructure improvements has been a key component of our economic success. TIFs have been a valuable tool in providing funding for these investments. As of the end of 2007, the City has invested in excess of 579 million in public infrastructure utilizing service payments from TIF districts to fund the improvements over time. A map of the City's existing TIF districts is attached, as well as the May 27, 2008 memo addressing the proposed TIF legislation. Recommendation Staff recommends that Ordinance 84-08 be adopted at the second reading/public hearing scheduled for December 8, 2008. Marsha 1. Grigsby, Deputy City Manager/Director of Finance 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 CITY 4F DUBLIN To: Jane S. Brautigam, City Manager From: Marsha I. Grigsby, Deputy City Manager/Director of Finance Date: May 27, 2008 Re: Modifications of Existing Tax Increment Financing (TIF) Districts and Additional TIF Districts Existino TIF Districts Memo As you are aware, the City has been able to aggressively fund public infrastructure improvements, in part, through the use of TIFs. As part of administering and annually updating the Capital Improvements Program the TIF districts are reviewed for their ability to fund public infrastructure improvements. As part of this review and discussions related to the public infrastructure improvements needed for the Cardinal Health, Inc. (Cardinal) expansion and the City's desire to widen US 33/SR 161 from I-270 to the Post Road interchange, staff plans to submit legislation to City Council in the near future to amend the legislation that established the following TIF districts: McKitrick; Embassy Suites; Cooker Restaurant and Lees Inn. McKitrick TIF The construction of Cardinal's West Campus building triggered the need for additional public infrastructure, specifically, improvements on existing Emerald Parkway at the entrances to their facilities, the redirection of Post Road at Commerce Parkway, and the reconfiguration of traffic lanes at the intersection of Emerald Parkway and Post Road. See the attached letter to Cardinal from the City. Based on conversations with Chris Franzman from Squire, Sanders & Dempsey, the City's bond counsel, it has been determined that for clarification purposes we need to modify the existing legislation to specifically identify the improvements at Post Road and Commerce Parkway and the reconfiguration of the traffic lanes as public infrastructure improvements allowable to be funded by the TIF district. For update purposes, the debt that was issued for Emerald Parkway -Phase 1 has been retired and the final debt payment for Phase 2 will be made in 2016. Service payments from the existing Cardinal building and the building currently under construction will generate sufficient revenue to retire the annual debt service obligation remaining for Phase 2 and the current estimated annual debt service obligations for Phase 8, Riverside Drive to just north of Bright Road. The estimated funding needed for the Post Road/Commerce Parkway improvements will initially be advanced from the Capital Improvements Tax Fund to the McKitrick TIF Fund as programmed in the current CIP. The advance will be repaid in the future when sufficient service payments are available. It is currently estimated that the advance will be repaid in 2014. Memorandum May 27, 2008 Page Two Embassy Suites, Cooker Restaurant and Lees Inn TIFs These TIF districts were established to fund the construction of Upper Metro Place from Frantz Road to Metro Place North. The public improvements were paid for by the developer with the City reimbursing them as service payments are received. The developer will be reimbursed after the first half distribution of service payments in 2009. In an effort to improve traffic flow along US 33/SR 161, which improves traffic flow to the parcels in the TIF districts, the city is working to program the widening of US 33/SR 161 from the I-270 interchange to the Post Road interchange. This project is not currently identified in the Description of the Public Infrastructure Improvements supported by the TIF districts, therefore, the legislation establishing the TIF districts will need to be modified in order to utilize the service payments to fund this necessary improvement. These TIF districts are currently generating approximately $300,000 per year. As part of this year's CIP update we will be evaluating the programming of the US 33/SR 161 widening project. The current estimate for environmental review and design for the project is approximately $1.3 million. Additional TIF Districts Bridae and Hiah TIF As we have discussed, a TIF district will be established for the Bridge and High public improvements being completed as part of the Development Agreement with the Stonehenge Company. Potential Waterford Commons TIF A concept plan was recently reviewed by the Planning and Zoning Commission for the proposed Waterford Commons development. As you are aware, we have discussed the possibility of establishing a TIF district for the commercial portion of this project to assist in funding identified public infrastructure needed to support the development (i.e. traffic signal at SR 161 and Monterey Drive). See the attached map for site location. Potential Avert/ Road/Shier Rinas TIF Dublin Building Systems is currently in the process of obtaining a Conditional Use for the development of a 44,000 square foot office complex on the south side of Shier Rings Road, approximately 500 feet west of Avery Road. We will evaluate the opportunity of establishing a TIF district that could be utilized to assist in the funding to improve the Avery Road/Shier Rings Road intersection. See the attached Planning & Zoning agenda. Attachment T:\2008\015-TIF and Modfications MEMO.doc RECEIVED M~~A~ ~ ~~ ~~O~~ ~""' FINANCE QEPT. May 8, ?007 C[TY OF DUBL[N.. Mr. Mark Marsh Divisao of Eegioeeri^g Cardinal Health SR00 Shier-Rings Rood , Du61in, Ohio 43016.7295 7000 Cardinal Place Dublin, Ohio 43017 Phone: 614.410-4600 Faz:6l4-761.6506 We6Site:www.dublin.oh.us ~~ Cardinal Health West Campus Dear Mark: Based on the preliminary site and building plans received by the City for review on April 17, Engineering offers the following items to be addressed: -- Traffic/Roadway o A study is required to determine the effect on traffic at the entry points to the site because of the security systems will need to be performed and should describe how the maximum queue is determined, and show this graphically on a site plan. The placement of the security gates should not require the queue to leave the private property. Also, this will need to be coordinated. at the shared access drive with what the adjacent property owner (currently Verizon) needs for their access and security. o We will want all the following improvements to Emerald Parkway shown in one set of Public Improvement drawings as they all need to be in place when the building is granted occupancy. ^ The median break at the eastern most drive will be removed and this drive becomes restricted to right-in/right-out. The median should be restored to match the existing median in Emerald Parkway. ^ Add 100 feet to the left turn lane into the east building's main entrance. • Installation of a traffic signal at the east building's main entrance. ^ Reconfiguring the median at the west building's main drive to the new location. The left turn storage length should be 400 feet. ^ Installation of a traffic signal at the western shared driveway. ^ Extend the left turn lane 100 feet at the western shared driveway. o Reconfiguration of the southbound lanes of Emerald Parkway at Post Road to include two left turn lanes. Also reconfiguration of the lanes on Post Road to create two eastbound lanes. This should be coordinated with City staff to be implemented with the redirection of Post Road and is needed when the western building is granted occupancy. o The western shared driveway needs to be striped with one inbound lane and three outbound lanes (one dedicated left, one shared left and right, and one dedicated right). -- Public street lighting and water appurtenances may exist at the new location of the main entrance drive. Detail survey work should be performed so that it is known what has to be moved. May 8, 2007 ' Mr. Mark Marsh RE: Cardiual Health West Campus Page 2 of 2 -+ Sanitary Ct1'l OF Dt~Bt.~\ o The proposed bridge connection between the buildings may impact the existing sanitary manhole. Elevation details of this area will need to be provided for review. o The City passed updated code regarding encroachments to public easements last year. An Easement Encroachment agreement ~vili be needed to outline Cardinal's responsibilities regarding their improvements in this easement. This agreement requires a $300 fee. An example agreement is attached. -- The site plan shows the on-site path system connecting to the public sidewalk at the northeast corner of the property. Previously, it has been our understanding that Cardinal preferred to keep their paths separate. Please review this connectivity. -+ The 1`lorth Fork Indian Run is a FEMA-studied stream in this area. The floodway, "floodway plus twenty" and the floodplain lines need to be shown on the plans. Any work in this area will be incompliance with our Flood Control and Stormwater Management regulations and will require a Special Flood Hazard Area Development Permit and submission of a $710 fee. -- The stormwater management for this project will need to meet our current Stormwater Management and Stream Comdor Protection regulations. -- The site plan shows proposed grading in the limited access right-of-way of I-27U. If this is needed, aright-of--way permit from the Ohio Department of Transportation will be required. -+ The address for this site is currently 4875 Emerald Parkway. Please coordinate with Iu-istin Yorko, PE if you desire this to change. We appreciate being able to provide a preliminary review on this project. Additional comments may occur during the review of the detail site plan and construction drawings. Please let us know if you have any questions. Sincerely, ~~ Barbara A. Cox, PE Engineering Manager -Development Attachment Cc Marsha Grigsby, Director of Finance/Deputy City Manager ,,: Paul Hammersmith, PE, Director of Engineering/City Engineer Jean-Ellen Willis, PE, Engineering Manager -Transportation Kristin Yorko, PE, Civil Engineer Waterford Commons -Monterey Drive and West Bridge Street Ordinance 42-08, adopted 08-78-2008 Case Number: 07-084CP ~_, -- +~ - r ;'~ ~ _ ~_ 7T .~ ~ ~' ~ti ~,ti` 1 - i ,~y~ -. _, ~Y ~. .. ' ~! • - ,,.. ~~, ~> ,~ . ~.. , ,~ ., i ..~ , ~, • Y, ~ ;~, -.. 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', ~ G WEST CASE RD I ~--_~ - Il o III I , ~ - j, ~-~ I I '~, O , a ~N I - ih- - - r I II ~ ~ II ~ w ~I ¢ ~ II O ~' I __ - II i ,~ - _ I i i I X - ' HAy~~ _ _ I Ao ° 1'O W BE~HEL RD UNRO NR - - ~O 1 NP 1 J 1 Perimeter West -Straight TIF 15 Duke Realty Investment - Expired 2 Perimeter Center -Non-School TIF 16 Rings Road - Non-School TIF 3 Metatec -Expired 17 Cardinal Health South Campus - Non-School TIF 4 Ruscilli -Non-School TIF 18 Rings/Frantz Campus - Non-School TIF 5 Applied Innovation -Expired 19 Historic Dublin Parking - StraightTlF 6 McKitrick -Straight TIF 20 Wendy Parcel - Non-School TIF 7 Embassy Suites -Non-School TIF 21 Irelan Place - Non-School TIF 8 Cooker Restaurants -Straight TIF 22 Tartan West - Non-School TIF 9 Lees Inn -Straight TIF 23 Shier-Rings Road - Non-School TIF 10 Upper Metro Place -Non-School TIF 24 Perimeter Loop - Non-School TIF 11 Safety Solutions -Expired 25 Kroger Centre - Non-School TIF 12 Pizzuti (Metro Place South) -Non-School TIF 26 Lifetime Fitness - Non-School TIF 13 Woerner-Temple -Non-School TIF 27 River Ridge - Non-School TIF 14 Thomas/Kohler -Non-School TIF 28 Shamrock Crossing - Non-School TIF 29 Dublin Methodist Hospital - Non-School TIF ~ ~~ ~~~y 0~ Dublin TIF Types _~~ ~ ~ Non-School TI F S crTr of ~usr rN TIF P a rc e I s Straight TIF Expired Prepared By City of Dublin Geographic Information Services January 2008 0 0.3 0.6 ,.z Miles