Loading...
HomeMy WebLinkAbout12/05/1983 . .. RECORD OF PROCEEDINGS 185 At inutes of Meeting ~ National Graphics Corp., Cols., O. Form No. 1097 ~ II eld December 5, 1983 19 ,. . ...... The regular meeting of the Dublin Village Council was called to order by Mayor Lewis at 7:30 P.M. with the following Councilmembers present: Mr. Amorose, Mr. Chambers, Mrs. Headlee, Mr. Lewis, Ms. Maurer, Mr. Sutphen, and Mr. Thornton. Also present were: Mr. Sheldon, Village Manager; Mr. Smith, Law Director; Mr. Warner, Village Engineer~ Mr. Bowman, Village Planner; and Ms. Prushing, Finance Director. Mayor Lewis requested clarification of a section of the minutes of the November 21, 1983 meeting - page four, the end of the paragraph under "Waterford Village - Reserve "A". Change from "After considerable discussion it was decided to take no action; to give it back to the developer". To be changed to "After considerable discussion it was decided to take no action. Mr. Bowman was instructed to report to the developer the essence of the above discussion". Mr. Amorose made a motion to approve the minutes, seconded by Mr. Sutphen. The motion passed unanimously. Mr. Amorose moved, and Ms. Maurer seconded the motion to approve the Bill Listing. The motion passed unanimously. Public Hearinq - Ordinance No. 45-83 - Proposed Adoption of New Dwelling Code There were no comments from the ~dience. Mr. Amorose said he was very much in favor of the Ordinance, especially Section 7 dealing with fire damaged or deteriorated structures. Mr. Sutphen mentioned that he would be in favor of the Ordinance as long as the shingles are treated, and are stated as such in the proposed Building Code under wood shingles. Mr. Warner will report with more specific information on the subject of wood shingles at the December 19, 1983 Council meeting. r ! \.- Ordinance No. 53-83 - Annual Appropriations for Fiscal Year 1984. Mayor Lewis mentioned the corrected page given to each Councilmember to attach to their copies of the Ordinance. The following was to be added to page 5, B8-1-A, 211, $362,000; 212, $97,000. Ordinance No. 55-83 - Repeal 1978 Imposed Load Limit on Glick Road. The Ordinance was introduced by Mrs. Headlee, who asked Mr. Warner for the reason for the request to lift the load limit. Glick Road was rebuilt, and for that reason, will carry normal highway traffic loads, thus the recommenda- tion. r L Ms. Susan Insley of Vorys, Sater, Seymour, and Pease, representing Mr. Russel Means and Mr. Thomas Jack of Employee Benefit Management Corp. spoke to Council. EBMC has requested action on a proposal for issuance of industrial development revenue bonds to purchase the building at 4789 Rings Road. The Dublin Area Community Improvement Corporation will hear the request on December 15. Ms. Insley discussed a tax bill pending in the House Ways and Means Committee which might include a provision denying the use of industrial revenue bonds to buy land or buy an existing facility. This bill could possibly be retroactive to January 1, 1984. Therefore, it may be necessary to move quickly on this request. Mayor Lewis said that when the proposal is made to the CIC on December 15, then whatever action is taken by those trustees and submitted to Council on the 19th will determine Council's course of action. Force Main Sewer Mayor Lewis reported that the committee on the Force Main Sewer appointed at the Council Meeting of November 21, has met at least twice, and in response to the recommendations given to the staff, an additional meeting was held with the officials of the City of Columbus. RECORD OF PROCEEDINGS 165 Minutes of Meeting ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held December 5, 1983 19 Page Two r- t '- Ms. Maurer, in the absence of Chairman Wolfrom, reported on the meetings held by the committee. The committee members are: Mr. Amorose, Ms. Maurer, and Mr. Thornton, Councilmembers; Mr. Wolfrom, Mr. Parkhill, and Mrs. Painter, citizens. r- ..... 1. The committee received literature regarding Delaware County's interest in having that disposal in their sewer district. 2. The committee received a report from Law Director, Mr. Smith, regarding the contract between Dublin and the City of Columbus with regard to using the sewer system of Columbus to dispose of Dublin's effluent. Two sections of the contract may be relevant (per Ms. Maurer): a) Section 6 - whenever Columbus wished to make a connection with our sewer, those plans could be objected to if we had good engineering reasons. b) Section 7 - This section states that the City of Columbus does have a right to use Dublin's portion of the Columbus sewer system which is in Dublin for the purposes for the tributary design area which is all of the area which Columbus covers. Ms. ,Maurer noted that there is probably some degree of legal interpretation that could be attached to those sections of the contract - perhaps Columbus's interpretation is different than Dublins. Legal options would be to ask for a declaratory judgment from the court as to what Sections 6 and 7 mean. If it appeared that Dublin wishes to do this, and that we were in the legal right in doing it, Dublin could also, at the appropriate time, when the case is right, ask for an injunction. An injunction, however, requires a heavy burden of proof from the plaintiff, noting that there will be irrepar- able harm. In other words, the axe must be ready to fall before Dublin can ask for an injunction. We don't believe that this is the time for an injunction. 3. The Village Manager and Village Engineer stated that Columbus had indicated that it might be willing to meet one of the objections of people who live along Riverside Drive. They could eliminate all blasting that might be done in the area, and use only mechanical backhoes to remove the rock and soil. Possibly Columbus would be willing to delay the bid day so that the citizens would have time to consider all the facts and determine what they would wish to do about the situation. 4. The force main line would be 4~' below the ground. If a gravity line were put in, it would have to be approximately 35' below the ground. r L Ms. Maurer also reported that the questions raised by Dublin citizens and Councilmember Chambers were taken to a meeting with the City of Columbus officials. Mr. Lashutka, Mr. Parkinson, and Mr. Dodge represented the City of Columbus. Mr. Sheldon, Mr. Smith, Mr. Warner, and Ms. Maurer represented the Village of Dublin. The following points were brought back from that meeting: 1. The bid date has been moved to December 20, 1983. 2. Revised specifications have been put out for bid. Included in those specifications is the fact that no blasting can be done within the corporation limits of Dublin. 3. Other alternatives considered by the City of Columbus were: a) Pump the effluent across the bridge down to the sewer where it goes into Muirfield and then down into Dublin. Such a request was made to D~blin some time ago. Dublin responded by saying that our pump statlon would have to be expanded - a project requiring money. Dublin requested that Columbus assist in the cost of such a project. Columbus woul~ also have to pay for easements in Delaware County, and part of the Ilne would have to go through a section of Delaware County. Delaware County would probably oppose it. .i'I.__...._...,"'*-"'_"'_,.._...~ .~....__.~__..~._>_ ,. RECORD OF PROCEEDINGS 169 Meeting i\1 inutes of ~ National Graphics Corp., Cols" O. Form No. 1097 ~ II eld December5,1983 19 r- \ - ~ a.- r L Page Three 4. b) Run a sewer line from the zoo through Powell over to Sawmill Road and down Sawmill Road to Hard Road where it would meet with the Columbus sewer system again. Part of that line would also go through Delaware County. c) The City of Columbus feels that the Delaware County alternative would be too expensive. Putting the force main line on the west side of Riverside Drive would not preclude the placement of a gravity sewer. If a gravity sewer were put in, it would probably be placed next to the river (probably the best place). The EPA has approved the alternative. 5. Mr. Thornton raised the question of EPA approval. Mr. Sheldon said that two letters had been received regarding that issue. One letter deals with the west branch sewer. The EPA has no objection to Columbus using that system provided that there i.s sufficient interest in the zoo's waste treatment problem. The second letters deals with the east branch of the sewer (east of 257) and says that as long as federal funds are not being used they have no objection. 6. Damage to property would be the responsibility of the contractor. Every- thing moved would have to be replaced. 7. 100% bonding capability of the contracting company would be required. 8. If larger landowners wanted to tap in the force main, requiring over- Sizing, it would be necessary to know how many units and in what location they would be tapping in so they would know where to oversize. A commit- ment from the landowners would also be required. There are technical problems involved in tapping into a force main sewer line. Needed is a carefully designed system of valves, and also a pump. This would add to the cost. 9. The City of Columbus would be libel for any damage, leakage, to water systems if there was negligence. Mayor Lewis introduced Mr. Parkinson, Director of Public Service for the City of Columbus. Mr. Parkinson discussed the force main sewer from the view- point of the City of Columbus. Mr. Parkinson made the following points: 1. The City of Columbus requires of the contractor a 100% performance bond which guarantees the completion of the project in accordance with the plans and specifications. That is, if the project costs $400,000 the bond would be for $400,000. That would include total restoration of the project for one year after all work has been completed. 2. There would be an additional construction cost of $120,000 if the line were put on the west side of the river. That would be the cost of re- vamping the pump station. Also, there would be an additional cost for operating and maintaining the ongoing pump station. There is also the fact that Columbus would be going into a major trunk that serves a large area of Dublin - ultimately there would probably be capacity problems. 3. The City of Columbus does have an obligation to handle the sewage at the zoo. The water park has nothing to do with their plans. If the water park would pullout tomorrow, it would not change the project. 4. Regarding tapping-in. It can be done if Dublin so elects. ,~~~=_._~__~~~_...._._._ __'__~_~._'___'_'..____.____~._m__ RECORD OF PROCEEDINGS 171 .. . ," Minutes of Meeting ~ National Graphics Corp., Cols., O. Form No. 1097 ~ 11 eld Decemb~r 5, 1983 19 Page Four ,.. t ...... 5. The borings showed very little rock; therefore, there will be no blasting. 6. The permit from the State Highway Department has been issued for construction of the sewer line. 7. There is a contractural arrangement between Columbus and Funtime whereby they would be paying Recreation and Parks for the use of the land. That would be standard procedure. Mr. Finkes, property owner, spoke to the issue. He said that he was aware of 52 property owners who would prefer a gravity type sewer. He felt that it would be better to think in relation to a long term solution (10 to 20 years in the future). From his sources,the best place for the gravity sewer would be along the river. Mr. Ben Hale, Jr., speaking for John McKitrick, developer of property on Sawmill Road, felt that they would be willing to have the opportunity to tap into a force main if the cost was reasonable, and if others would be willing to do the same. ,... Mr. Parkinson said that the force main sewer has an estimated cost of $400,000. The rest of the cost of $600,000 is for the pump station that has to be constructed at the zoo. Whatever else is decided, that pump station will need to be built. ..... Mrs. Hussey, a large property owner, is in favor of a gravity line and will be willing to pay her fair share. A canvassing of property owners is needed. Mr. Parkinson speaking to the issue of gravity vs. force main sewer. The cost of the gravity line would be too expensive at this time. He felt that the concerns regarding the tapping into the force main were greater than necessary. Force main would be a temporary, relatively inexpensive solution to take care of the areas that do want to develop in the next 10 to 15 years. Some time down the road Dublin would probably want to consider a gravity sewer line. Mayor Lewis made some observations - People at the last meeting preferred to do nothing; people at this meeting want to do something. Council needs to find out. What do the property owners in that area want to do. When that is determined then Council can decide how they are going to proceed. Mr. Parkinson said that as part of the bids to be taken December 20 he will instruct the engineers to take alternate bids as part of the contract documents for di fferent sizes of the pipe - 10", 12", 14", 16" which would allow them to change the contract with actual prices in the event the decision is made for oversizing the line. r L Mr. Hale and Mr. Finkes were instructed to do a survey of all people in the affected area to see what their wishes are - tap into a force main? gravi ty sewer? or nothing at all. Also to get enough information in order, perhaps, to have a community meeting on this one subject only, to get a truly representative feeling of those people who live along Riverside Drive. In response to other questions, unusable for a period of 2 to 3 problem crossing the driveway. The line would be down in fill, Mr. Parkinson said that driveways would be hours only. Fire trucks would have no With regard to the rock - borings were taken. on the berm. . \ .' RECORD OF PROCEEDINGS 171 lU inutes of Meeting ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held December 5, 1983 19 Page Five r- I '- Mr. Chambers felt there was still a need for more time and more information in order to make any intelligent decision. He did feel, however, that Council does know more than it did. He felt that specific information regarding cost should be available. He proposed that Council continue the course being followed, asking the committee to get the information, conduct a survey of the residents, and do whatever else is necessary to get addi tional time. Mr. Finkes said that if the estimated cost of the 8" sewer is about $400,000, the cost to increase is minimal. If a 14" or 16" force main is put in can the citizens tap in? The answer was that as long as it is large enough, and is able to handle the flow, individual citizens could tap in. Mayor Lewis asked the Village Engineer to investigate the complaint of Mrs. Breckler regarding the fact that her land was never repaired properly when a water line was put in approximately 4 years ago, and report on the apparent condi tion. Mr. Thornton suggested a survey be conducted, using Village funds if necessary, and perhaps high school students to assist, of the residents in the affected area. r- L Mr. Chambers moved, seconded by Mr. Amorose, that the Committee on the Force Main continue its work with meetings arranged either at the discretion of the chairman or any three members of the Committee. The motion passed 7-0. Council recessed at 10:07 P.M. and reconvened at 10:14 P.M. The first meeting of the new year will be held Tuesday, January 3, 1984. Capital Improvements Discussion centered on items recommended for deletion so that Village Staff can work on estimated costs and budget. Mr. Chambers, Mrs. Headlee, Ms. Maurer, and Mr. Thornton submitted lists. 1. Auditorium - It was agreed to delete this item from the list since the high school is building one. 2. Community Center - Does not appear on current list. It was felt that a more clear definition is needed in order to a~rive at an estimated cost. Suggested it be put at top of "Want List" for next year. 3. Monterey-Corbins Mill Connector - Agreed to leave it on the list. 4. Extension of Muirfield Drive to the South. Was decided to keep it on the list as an "expression of policy". Nothing definite was decided. Mrs. Headlee and Ms. Maurer voted to delete it from the list. ,- L 5. Acquisition of Riverfront Land - Was decided to keep it on the list. 6. Further Improvements to Avery Park. - Was decided to keep it on the list. Mr. Chambers voted to delete it. .\ . '" . RECORD OF PROCEEDINGS 181 At inutes of Meeting ~ National Graphics Corp" Cols" O. Form No. 1097 ~ Held December 5,_ 1983 19 Page Six "... . \ ...... 7. Frantz Road Extension - It was decided to leave it on the list as a "matter of policy". 8. Tree Nursery - Decided to delete it from the list. 9. Sewer Cleaning Machine - It was decided to leave this item on the list. 10. Cars for Staff Members - It was agreed that perhaps "A" staff car would be advisable, and so the item was kept on the list. 11. Swimming Facility - Agreed to leave it on. 12. Maintenance Facility - Agreed to leave it on. Public Hearing There will be a Public Hearing on proposed Ordinance 46-83 providing for a change of zoning on a 52.753 acre tract located between Avery Road and Wilcox Road approximately 1175 ft. south of Shier-Rings Road. To be rezoned from: R, Rural District, to: LI, Light Industrial District, on December 19, 1983, at 7:30 P.M. in the Dublin Municipal Building. i ...... Council Roundtable Discussion Mrs. Headlee opened the discussion with regard to the services provided to Dublin by the Franklin County Board of Health for $32,000 annually. She felt that the monthly visits of the Mobile Health Clinic and the monthly immunization clinics at Indian Run Elementary School need more community awareness. How many Dublin residents know these clinics are available to them? How many residents use the clinics? Mrs. Headlee and Mr. Strutner will follow through to get more information on the services provided by the Franklin County Board of Health. r The meeting was adjourned at 11:06 P.M. by Mayor Lewis. Attest: 3/~ ~' ~ Cl~rk of Council [