Explanation
BACKGROUND:
This ordinance will authorize the Director of Recreation and Parks to enter an agreement with Columbus Firefighters Union Local #67 and Capitol South, which will enable and facilitate the redevelopment and expansion of the historic Toledo and Ohio Railroad Depot. Generally, the City will, without charge, convey to the Firefighters certain City-owned property for the expansion of the Depot.
Additionally, the City will establish a small, adjacent public park to be known as Firefighters Park. The cost of improving the park will be borne by the Firefighters.
In February, 2003, the City acquired from Capitol South Community Urban Redevelopment Corporation the property situated generally at the southwest corner of Broad and Starling Streets using $466,752 of funds granted by the State of Ohio, through the Department of Natural Resources. In May, 2003, at the request of the City, Capitol South acquired from the Volunteers of America the historic Toledo and Central Ohio Train Depot, which is located immediately west of the Broad and Starling Property. Capitol South owns the Depot at this time. The City Downtown Development Office, in concert with a committee of stakeholders, has received proposals for the acquisition and use of the Depot. A proposal from Columbus Firefighters Union Local #67 was determined to be the best proposal. The Firefighters propose to acquire and extensively redevelop the Depot, reconstruct a carriage porch that was originally part of the Depot and construct an addition to the Depot, all in a single construction project . Upon completion, the redeveloped and expanded Depot would be used by the Firefighters for (i) their offices, (ii) their meetings, conferences and social events, (iii) their educational, charitable and humanitarian undertakings, and (iv) a public exhibit honoring the history and contribution of fire fighting and firefighters in Columbus. This ordinance authorizes the conveyance of portions of, and certain interests in, the Broad and Starling Property to the Firefighters thereby enabling the redevelopment and expansion of the Depot.
FISCAL IMPACT:
No funding is required for this legislation
Title
To authorize the Director of Recreation and Parks to enter into an agreement providing for the conveyance to Columbus Firefighters Union Local #67 of a portion of, and certain interests in the property situated generally at the southwest corner of Broad and Starling Streets and for the establishment of a small, adjacent public park honoring fire fighting and firefighters in Columbus, to execute a quit claim deed conveying such property and interests, to execute other pertinent documents and, to the extent applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959).
Body
WHEREAS, the City of Columbus, in February, 2003, acquired the property situated generally at the southwest corner of Broad and Starling Streets (the "Broad and Starling Property") using $466,752 of funds granted by the State of Ohio, through the Department of Natural Resources, which grant contained a 15-year restriction against the conveyance of the Broad and Starling Property (the "Conveyance Restriction"); and
WHEREAS, Capitol South Community Urban Redevelopment Corporation, in May, 2003, at the request of the City, acquired the historic Toledo and Central Ohio Train Depot (the "Depot"), which is located generally adjacent to the Broad and Starling Property (the "Depot"); and
WHEREAS, the City Downtown Development Office, in concert with a committee of stakeholders, received proposals for the acquisition and use of the Depot and determined a proposal from Columbus Firefighters Union Local #67 (the "Firefighters") to be the best proposal; and
WHEREAS, the Firefighters propose to acquire and extensively redevelop the Depot, reconstruct a carriage porch that was originally part of the Depot and construct an addition to the Depot, all in a single construction project; and
WHEREAS, the redeveloped and expanded Depot would be used by the Firefighters for (i) their offices, (ii) their meetings, conferences and social events, (iii) their educational, charitable and humanitarian undertakings, and (iv) a public exhibit honoring the history and contribution of fire fighting and firefighters in Columbus; and
WHEREAS, the Firefighters proposal is conditioned upon the City conveying to the Firefighters a portion of, and certain interests in, the Broad and Starling Property and upon the establishment of a small, adjacent public park honoring fire fighting and firefighters in Columbus; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Recreation and Parks be and hereby is authorized to enter into and execute an agreement by and among the City, Capitol South and the Firefighters providing for the following:
(a) The City will convey to the Firefighters, and the Firefighters will acquire, so much of the Broad and Starling Property as is substantially described as follows (the "Depot Expansion Site"):
Situated in the City of Columbus, County of Franklin and State of Ohio and being part of Lot One Hundred Nine (109) of M.L. Sullivants' Western Additions as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 268, Recorder's Office, Franklin County, Ohio, which part is described as follows:
Commencing at a magnesium nail set at the southeast corner of said Lot One Hundred Nine (109), which corner is also the intersection of the west line of Starling Street and the north line of Capital Street; thence south 88 degrees, 57 minutes, 45 seconds west (S 88° 57¢ 45² W), along and with the southerly line of said Lot One Hundred Nine (109) and the northerly line of Capital Street, a distance of sixty (60) feet to a magnesium nail set at the southwest corner of said Lot One Hundred Nine (109); then north 1 degree, 00 minutes, 00 seconds west (N 01° 00¢ 00² W), along and with the westerly line of said Lot One Hundred Nine (109), a distance of seventy-two (72) feet, to a corner in such westerly line; thence north 88 degrees, 57 minutes, 45 seconds east (N 88° 57¢ 45² E), across said Lot One Hundred Nine (109), a distance of sixty (60) feet to a corner, which corner is in the easterly line of Lot One Hundred Nine (109) and the westerly line of Starling Street; then south 1 degree, 00 minutes, 00 seconds east (S 01° 00¢ 00² E), along and with the easterly line of said Lot One Hundred Nine (109) and the westerly line of Starling Street, a distance of seventy-two (72) feet, to the place of beginning, containing four thousand three hundred and twenty (4, 320) square feet, more or less;
which conveyance would be without consideration, except for the undertakings of the Firefighters set forth in the agreement.
(b) Such conveyance of the Depot Expansion Site shall be subject to all of the same use and conveyance restrictions imposed by Capitol South with respect to the Depot.
(c) The City will assist and cooperate in securing from the State of Ohio, Department of Natural Resources, a waiver or release of the Conveyance Restriction, provided that any payment required as a condition of such waiver or release shall be borne by others.
(d) The City will raze the existing building on the Depot Expansion Site using funds provided by the State of Ohio, Department Natural Resources, under an existing agreement that provides funding for the acquisition of properties and making of improvements on the Scioto Peninsula.
(e) The Firefighters will, at their sole cost and expense, (i) commence and complete the redevelopment and expansion of the Depot in accordance with plans approved by the Downtown Commission and (ii) improve the remainder of the Broad and Starling Property as a first-class park, consistent with plans prepared by the Firefighters and approved, in writing, by the Director of the Department of Recreation and Parks.
(f) The City will, for so long as the Firefighters, at their sole cost and expense, maintain such park in a first-class condition and in compliance with all laws having application to public parks, (i) use such park as a City park, generally open to and for public use in compliance with all ordinances, rules and regulations generally applicable to other City parks, (ii) recognize such park as "Firefighters Park" and as "adopted" by the Firefighters and (iii) rely exclusively upon the Firefighters for all maintenance and repair of the same.
(g) The City will, to facilitate redevelopment and expansion of the Depot and improvement of Firefighters Park, grant to the Firefighters (i) a license to use for construction staging other City property in the immediate vicinity of the Depot, (ii) a right for a carriage porch to encroach into Firefighters Park and (iii) a restriction creating a no build zone in so much of Firefighters Park as is within thirty (30) feet of the north façade of the Depot expansion.
(h) The Firefighters will, in recognition of the special "partnership" among Capitol South, the City and the Firefighters that enabled the redevelopment and expansion of the Depot and improvement of Firefighters Park, commission, pay for and place at the Depot, a plaque recognizing the same.
Further, that the Director of Recreation and Parks be and hereby is authorized to execute a quit claim and all other documents and instruments required or helpful to effect and perform such agreement.
Section 2. 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 329.25 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.