Explanation
Background: In 2003 the Department of Recreation & Parks determined that the "wetlands" adjacent to the "Quarry on the Scioto Subdivision" on the Griggs Reservoir ranked among the most valued wetland ecosystems in Ohio. In order to preserve the quality of this natural system, all previously permitted paths, boat docks and other man-made impacts upon such wetlands must be removed in accordance with Columbus City Code. As an accommodation for those people whose paths and floating boat docks must be removed from the wetlands, the City shall enter into a "Memorandum of Understanding" ("Memo") with the "Quarry Homeowners' Association, Inc." ("Association"), an Ohio non-profit corporation, to relocate a limited number of floating boat docks into a 'designated area' immediately north of the 'wetlands for a limited amount of time. Contingent upon the execution of the "Memo", the "Association" shall lease the designated area from the City for a period of three one-year terms, with the option to renew for a similar period. It is the City's intent to make every effort to bring these newly designated wetlands into compliance. Therefore the following legislation authorizes the Director of Recreation and Parks, and the Director of Public Utilities, respectively, to enter into a "Memorandum of Understanding", and a subsequent "Lease Agreement" with the "Quarry Homeowners' Association, Inc." to facilitate the relocation of certain man-made structures required to be removed from a newly protected wetlands, in accordance with City Code.
Fiscal Impact: There is no funding required by this legislation.
Emergency Justification: Emergency action is requested to allow the subject wetlands to come into compliance without delay.
Title
To authorize the Director of Recreation and Parks, and the Director of Public Utilities, respectively, to enter into a "Memorandum of Understanding", and a subsequent "Lease Agreement", with the "Quarry Homeowners' Association, Inc." to facilitate the relocation of certain man-made structures required to be removed from newly designated wetlands in accordance with City Code; to waive the Land Review Commission and competitive bidding provisions of the Columbus City Codes (1959), and to declare an emergency.
Body
WHEREAS, in 2003 the Department of Recreation & Parks determined that the "wetlands" adjacent to the "Quarry on the Scioto Subdivision" on Griggs Reservoir is a high quality wetland that ranks among the most valued wetland ecosystems in Ohio; and
WHEREAS, to preserve the quality of this natural system, all previously permitted paths, boat docks and other man-made impacts upon such wetlands must be removed in accordance with Columbus City Code §921.202 A(2); and
WHEREAS, for those "Quarry on the Scioto Subdivision", "Quarry Homeowners' Association, ("Association") Inc." members whose paths and floating boat docks must be removed from the protected wetlands, the City will make certain accommodations to facilitate their compliance; and
WHEREAS, the City has prepared a "Memorandum of Understanding" to define the City's agreement with the "Association.", which allows relocation of a limited number of floating boat docks into a 'designated area' immediately north of the 'wetlands for a limited amount of time; and
WHEREAS, contingent upon the execution of the Memorandum of Understanding, by both parties, the "Association" shall enter into a lease agreement with the City for the lease of the relocation area for a period of three one-year terms, with the option to renew for a similar period; and
WHEREAS, the annual rent shall be no less than $5,780.00, but not more than $6,300.00; based on established private fees for docks, boat racks, and small vessels stored on parkland as set by the Recreation and Parks commission; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize Director of Recreation and Parks, and the Director of Public Utilities, respectively, to enter into a "Memorandum of Understanding", and a subsequent "Lease Agreement", with the "Quarry Homeowners' Association, Inc." to facilitate the relocation of certain man-made structures required to be removed from protected wetlands for the immediate preservation of the public health, peace, property and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Recreation and Parks, and the Director of Public Utilities, be, and hereby are, authorized, respectively, to execute those documents necessary to enter into a "Memorandum of Understanding", as approved by the Department of Law, Division of Real Estate, between the City and the "Quarry Homeowners' Association, Inc." to allow for the relocation of certain man-made structures to be removed from those portions of Griggs Reservoir's protected wetlands, in accordance with City Code.
Section 2. That the Director of the Recreation and Parks Department and the Director of the Department of Public Utilities Management, be, and hereby are, authorized, respectively, to execute those documents approved by the Department of Law, Division of Real Estate necessary to enter into a lease agreement with "Quarry Homeowners" (Lessor") for the lease of the following describe real property:
Situated in the State of Ohio, County of Franklin, City of Columbus in Quarter Township 3, Township 2, Range 19, United States Military Lands and being part of a 3.50 acre tract of land conveyed to the City of Columbus in Deed Book 314, Page 578 of the Franklin County Recorder's Office and being a 0.109 acre lease area more particularly described as follows:
Commencing at the southwest corner of Lot 1 of The Quarry on The Scioto Subdivision as recorded in Plat Book 62, Page 3, said corner being on the west line of said subdivision, and said corner also being on the east line of said 3.50 acre tract;
Thence with the west line of Lot 1, and said common line, N 01º 41' 17" E, a distance of 50.90 feet to the True Point Of Beginning of the herein-described 0.109 acre lease area;
Thence thru said 3.50 acre City of Columbus tract the following 9 courses:
1. N 39º 59' 29" W, a distance of 0.32 feet;
2. N 51º 39' 19" W, a distance of 50.48 feet;
3. S 38º 35' 10" W, a distance of 73.62 feet to an iron pin set at a southeasterly corner of said 0.109 acre lease area;
4. N 51º 24' 50" W, a distance of 33.00 feet;
5. N 38º 35' 10" E, a distance of 132.75 feet;
6. S 51º 24' 50" E, a distance of 33.00 feet to an iron pin set at a northeasterly corner of said 0.109 acre lease area;
7. S 38º 35' 10" W, a distance of 51.13 feet;
8. S 51º 39' 19" E, a distance of 44.75 feet to a point on the east line of said 3.50 acre tract and the west line of said Lot 1;
9. S 01º 41' 17" W, a distance of 10.05 feet with said common line to the True Point Of Beginning, containing 0.109 acres of land, more or less.
The basis of bearings is the west line of Lot 1, said line also being the west line of said subdivision bearing N 01º 41' 17" E.
The above description was prepared from an actual field survey completed in August, 2005 by the City of Columbus, Division of Water, James B. Uhlenhake, Professional Surveyor and is correct to the best of my knowledge.
James B. Uhlenhake, P.S. #5622, 8/31/05.
Section 3. That the lease shall be in form approved by the City Attorneys Office and shall include the following:
a) The annual rent shall be no less than $5,780.00, but not more than $6,300.00; based on established private fees for docks, boat racks, and small vessels stored on parkland as set by the Recreation and Parks commission, times the number of docks and stored boats.
b) The term of this lease agreement shall be One (1) year, automatically renewable for two (2) additional one (1) year terms. Thereafter, subject to negotiation of rent and other lease terms, Lessee shall have the option to continue leasing for additional consecutive one-year terms by giving Lessor thirty (30) days written notice of its intention to do so.
Section 4. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.29 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.