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HomeMy WebLinkAbout12/04/1989 RECORD OF PROCEEDINGS i~llnuteS Of Dublin City council Meeting Meeting DAYION LEGAL BLANK GO.. FORM NO. 10148 Held December 4, 1989 19 The regular meeting of Dublin City Council was called to order by Mayor Jan Rozanski at 7:32 P.M. Mr. Jankowski led the Pledge of Allegiance. Members of Council present were: Mr. Amorose, Mr. Jankowski, Ms. Maurer, Mrs. King, Mayor Rozanski, and Mr. Sutphen. Mr. Strip was absent (excused). Mr. Hansley, City Manager, and Mr. Smith, Law Director, were also present as were the following members of City Staff: Mr. Bowman, Ms. Clarke, Lt. Geis, Ms. Jordan, Mr. Mack, Mrs. Metz, and Mr. Willis. Mr. Amorose moved to approve the minutes of the November 20, 1989 meeting of Council. Mrs. King seconded the motion. Vote on approval of minutes - Mr. Sutphen, abstain; Mayor Rozanski, yes; Mrs. King, yes; Ms. Maurer, yes; Mr. Jankowski, yes; Mr. Amorose, yes. Correspondence None Approval of City Manager's Appointment of Law Director Mr. Hansley recommended that the City renew the contract with Mr. Stephen J. Smith, Law Director. Ordinance No. 108-89 - Ordinance Authorizing Manager to Enter into an Agree- . ment with the Law Director. First Reading. ~ Mr. Amorose introduced the Ordinance. Several Council members felt that they would prefer to have an executive session with Mr. Smith prior to voting on the Ordinance to discuss past and future expectations with regard to the duties of the Law Director. There will be a second reading of the Ordinance on December 18, 1989. Resolution No. 28-89 - Resolution for Statement of Services for Proposed Annexation of Approximately 590 Acres in Washington Township to the City of Dublin. First Reading. Mr. Amorose introduced the Resolution. Several Council members requested that a map of the area be made available to Council members prior to the second reading of the Resolution on December 18, 1989. It was noted that the proposed annexation was scheduled to be heard by the Franklin County Commissioners on February 7, 1989. Request for Approval of Final Plat - Dublin Commerce Park. Mr. Bowman's comments were as follows: 1. The site is 53 acres located south of Shier-Rings Road, east of Wilcox Road. 2. The plat is a change from a plat that was approved earlier, a 20 acre sale of property to one firm changed the plat. 3. One road, the north/south road from Shier-Rings Road south to Heather Glen has been eliminated. 4. There will be one road called Enterprise Drive that will connect Wilcox Road, running east and west, with Coffman Road extended. 5. Staff recommended approval of the plat. 6. The Planning Commission recommended approval with the following conditions: RECORD OF PROCEED[NGS i471nuteS Of Dublin City Council Meeting Meeting C)F 'ION I.E GAL BLANK CO.. FORM NO. 10148 Held December 4, 1989 19 Page Two A. Contined commitment to coordinate the alignment/configuration of Gateway Drive to complement the Coffman Road extension - there is a plat that shows how that can take place.). Submission of landscaping/mounding plans for the areas of Lots 2, 3 and 4 adjacent to the residential uses on the east side of Wilcox Road with implementation at the initiation of each phase. C. Inclusion of deed restrictions affecting this property and Heather Glen and Dublin Commerce Park on the plat itself. D. Indicating utility easements for the sanitary sewer extension throu h the site. E. Submission of a storm water retention plan satisfactory to the Cit Engineer. F. Commitment to install sidewalks or cooperate in a bike path plan to connect with surrounding properties. G. Piping to be installed on both Shier-Rings Road and Wilcox Roads where the ditch is sufficient to do so, and the regrading-only approach in those areas too shallow for piping. Mr. Sutphen was assured that there is a bike path or sidewalk planned to connect with surrounding properties. Mr. Sutphen moved to approve the request for approval of the final plat - Dublin Commerce Parks. Mr. Amorose seconded the motion. Vote - Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Ms. Maurer, yes; Mr. Jankowski, yes; Mrs. King, yes. I~rw Comments from Staff Mr. Bowman announced that on Monday, December 11, 1989 at 7:00 P.M. there would be a meeting with public input on the Old Dublin Master Plan. Discussion Regarding Macbeth Drive Culvert. Mrs. Fran Shonkwiler said that she felt that it would not be wise to enlarge the culvert; that $280,000.00 was a significant amount of money to be spent on a project that will affect positively one homeowner and adversel affect the rest. Mr. Willis reported that the following information: 1. The City became aware of the need to replace the culvert in 1982. 2. At that time the City commissioned a report be done by an engineering f' m. 3. The report studied the hydraulics of the Billingsley Ditch from Sawmill Road to the Scioto River, examining specifically the culvert under Macbeth Drive. 4. The report indicated that the culvert under Macbeth Drive was undersize as well as indicating the need for cleaning and straightening out certain sections of the Billingsley Ditch. 5. The City of Columbus does not require storm water retention in a single ir,r family residential subdivision. 6. The flood insurance map in 1985 showed that there was a floodway along the Billingsley Ditch. 7. The present plans show replacement of the existing ground culvert with a larger capacity box culvert. 8. It also includes a widening and straightening of the channel both down- stream for a distance of approximately 300' as well as upstream for approximately 100' to 150'. 9. The proposed box culvert will have the ability to carry a 25 year storm. 10. The plan for the culvert replacement includes a temporary access for th residents through the construction area. RECORD OF PROCEEDINGS IVIinutcS Of Dublin City Council Meeting Meeting DA:'tON LEGAL FLANK CO., FORM NO. 10148 Held December 4, 1989 19 i Page Three Mr. Willis noted that the purpose of the discussion this evening would be to gain input from the neighbors to the project as well as from members of C o unc i 1. I:~r. Willis introduced Mr. Jay Shoup of Wilbur Smith Associates, the authors of the proposed plan and report. Mr. Shoup commented as follows: 1. The goal of the project was to reduce roadway and neighborhood flooding. 2. The first effort was in data collection. 3. A land search of the area was made to develop aood base map. 4. A soils report was done to determine sub-surface conditions, depth of bed rock. 5. Also reviewed the dam known as Kiplinger Pond. 6. Conducted a review of the drainage area. 7. Looked at 2 year, 10 year and 25 year storms, based upon rainfall withi the 1,050 acre drainage basin. 8. Looked at three alternatives for replacing the culvert; A. A 6 x 16 box culvert ~ B. A 5 x 25 culvert C. A 6 x 16 precast arch culvert. 9. Determined that the precast arch culvert would be the most cost effective. 10. Traffic control is a significant item in the project since the subdivis' n has only one route in and out, that being Macbeth Drive. 11. Construction of a runaround has been projected at $26,000.00. Wr.r 12. The existing culvert pipe is 66" in diameter which cannot handle a 2 year design storm. 13. Discussed in greater detail cubic square feet and effects of a 2 year, 10 year and 25 year storm. 14. In conclusion, the report recommends that Dublin consider the instal- lation of a 6 x 16 precast arched culvert, as well as channelization of the stream, both upstream and downstream. 15. It would not be feasible to use the Kiplinger Pond for storm water retention. Mr. Shoup told Mr. Amorose that the 6 x 16 culvert would accommodate a 25 year storm; that analysis indicates that the water level in a 25 year storm would be lower upstream but higher downstream; that in a 10 year storm it would be about the same; that the above information would be without the channel work downstream. Mr. Amorose mentioned a concer regarding the amount of water coming over the spillway/earthen dam at Kiplinger Pond. Mr. Shoup also said that the earthen dam was also a concern of theirs; that earthen dams do not continue to stand over a long period of time if they are periodically topped. Mr. Shoup also said that the pond might be a storm water rention feature if it had more freeboard to it, but that the pond is only about 2'; that a 54" pipe feeds into a 48" pipe. Mr. Shoup reported that they were proposing to channelize the stream from the downstream side of the dam to Macbeth Drive and then from Macbeth Drive to a point about 400' west; that the natural turns in the stream are obstructions. He also said that they would not recommend putting in a culvert and not doing the improvements to the stream bed. Mr. Shoup also commented that channelizing would require that some of the larger trees along the stream bed be removed. Mrs. King wondered if it was fair to say that the problem is really created by accelerated runoff due to development, and Mr. Shoup said that he though it was fair to say that additional water is coming down to Macbeth Drive; water that was not there when the subdivision was constructed in the 1960s, and also said that additional water is coming down from the Columbus area. RECORD OF PROCEEDINGS ~7lnut:S Of Dublin City Council Meeting Meeting DA YtOV LEGAL BLANK CO.. FORM NO. 10148 Helcl December 4, 1989 19 Page Four 1~ Mrs. King asked Mr. Smith if there would be some way of negotiating a solution to share the cost, since the problem seems to be a shared problem. Mr. Smith said also that his office is presently involved in litigation in a similar type problem in the Columbus area. He also said that he felt that this was an engineering decision. Mrs. King said that she would like some assurances that if the City were to straighten the stream and put in a new culvert for $280,000.00 that there will not be in the future increased flooding beyond the scope of the project downstream. She also wondered if perhaps the City, since it is dealing with water beyond its jurisdiction, could consider an increased retention pond on the newly developing area on the west side of Sawmill Road, east of this site. Mr. Hansley said that staff has been working on the issue for over a year; that they have met with Columbus, as well as with representatives from the county, state, neighborhoods, etc., to try to get Columbus to recognize their involvement in the problem, but that they (Columbus) felt that they had no legal obligation and were unwilling to discuss the issue. ~ Mrs. King suggested perhaps pursuing the issue with Columbus through the Mid Ohio Regional Planning Commission. Ms. Maurer said that MORPC has set up and authorized the use of their services for negotiating issues such as this, and suggested that she and Mr. Hansley might request their assistance in this matter. Mrs. King said that she had concerns regarding the channel straightening and asked what the base would be - concrete or natural materials. ~.r Mr. Shoup said that the base would be about 20' wide and would be rigg ragp or large stone, and that the sides would be concrete, using the natural limestone of the area. Mrs. King indicated that she would like more information - perhaps being abl to deal with the majority of the water upstream, replacing the culvert but not having to straighten and take out the natural features of the stream; thereby reducing the cost of the project while reallocating the funds to a retention basin. Mrs. King also said that a topo map of the area would be helpful. Mr. Hansley asked if there was a logical place between Sawmill Road and the pond to further retain water. Mr. Shoup said that they seriously considered asking the City to take over Kiplinger Pond, but that the problem would be that so much freeboard would be required to make it work, requiring the lowering of the pond two feet and providing 4 feet of freeboard which would cause problems for the people living in the pond area. It was also noted that the pond is collectively owned by individuals. Mr. John Shonkwiler of 7267 Macbeth Drive (west side) noted that during 17 years of residence that over the years, with development, that they have ~ lost a great deal of real estate - trees, gardens, grape arbors, etc. with the widening over the years of the stream bed. Mr. Shoup said that he did not think there was a need to replace the culvert; that the answer is retention, perhaps buying additional ground to the east of the Kiplinger Pond which would be reasonably priced or perhaps purchasing the property at 7321 Sawmill Road, the yard where all the culverts come through. In this way, he noted, the stream could be kept as natural and as aesthetically pleasing as possible. Mr. Frank Alexander of 4200 Bright Road just west of Macbeth and south of Mr. Shonkwiler said that as a new resident he had had problems with water in his basement, etc. Mr. Alexander also requested a topo which would show the water levels at RECORD OF PROCEEDINGS TJIixlut~s of Dublin City Council Meeting Meeting CIA Y*;~N LEGAL BI.A NK CO., FORM NO. 10148 Held- December 4, 1989 19 Page Five 2 year storm, 10 year storm, 25 year storm. Mr. Alexander was told that with regard to the depth of the ditch, that bein proposed was a cross section to handle the 25 year storm, the ditch being lowered about 2 feet from its present depth. It was also noted that the 4" of rain in 2 hours last year was truly an exceptional storm, not the norm. Mr. Shoup said that what was being proposed would handle greater volumes of water at a less height, with the rechannelization. Mr. John Wreathall of 4157 Macduff Way at the upstream end of Kiplinger Pond said that his land is flooded at the far end of his house by the periodic raising level of Kiplinger Pond. Mr. Weatherall said that by profession he is a consulting engineer, dealing with man-made natural hazards. He indicated that he was concerned about the possibility of earthen dams suffering damage from over-topping, that being a notorious source of major floods, and that the spillway is not big enough for the amount of .water coming down. Mr. Weatherall asked if there was anything in the plan addressing the spillway problem. Mr. Willis asked Mr. Mack to respond, and Mr. Mack said that it appears that several years ago the spillway was lowered because of flooding to one of the properties around the pond and that the action increased the over-topping. He indicated that a letter was sent to the joint owners of the pond, and he also noted that the City does not own the property and thus does not have jurisdiction. The City's concern was expressed to the property owners, and several suggestions were made by the City of ways to re-stabilize the dam. Mr. Weatherall suggested that a retention area well upstream from the pond would be something that would address both issues of concern. Mr. Jeffrey Asman of 4158 Bright Road noted that he resides on the front side of Kiplinger Pond. He said that there was not any change in the height of the pond or the dam at Kiplinger Pond; that the only change was that the spillway, the dam itself, was widened; that the problem is upstream because of the increased flooding from the other side of Sawmill Road. Mrs. King asied if the dam has been inspected lately. Mr. Asman said that it was inspected two years ago. He further explained that the dam itself was not lowered; that it was just widened to let the water flow over more evenly, in a wider path, and at a lower rate. Mr. Willis reported that there are two organizations that have responsibilit for inspection of dams - the Soils Conservation Service of the Department of Natural Resources and the Army Corps of Engineers. He noted that staff tried to get one of the organizations involved in the inspection in the summer of 1988, but that the pond is too large for the Soils Conservation Service. and too small for the Army Corps of Engineers Mr. Asman said that the pond covers about 1.64 acres and goes from 4' to 7' in depth. He noted that at one point it was supposedly 15' deep. Ms. Maurer moved that Council authorize she and Mr. Hansley to approach MORPC with a request to use their negotiation process regarding this issue. Mr. Amorose seconded the motion. Vote on the motion - Mr. Amorose, yes; Mr. Jankowski, yes; Mrs. King, yes; M . Maurer, yes; Mayor Rozanski, yes; Mr. Sutphen, yes. Mr. Jankowski asied if the City has looked into the possibility of retention upstream. Mr. Willis noted that Mr. Shonkwiler had previously mentioned a three acre piece of land available on the west side of Sawmill Road. He said that if the entire three acres were turned into a retention basin (dry basin, 5' deep) that with the drainage area coming into that site, a 25 year storm would fill the pond in a period of about 12 minutes. RECORD OF PROCEEDINGS MinUteS Of Dublin City Council Meeting Meeting 04 Y70N LEGAL. BLANK CO.. FORM NO. 10148 Held December 4, 1989 19 Page Six Mayor Rozanski asked Mr. Willis if staff had had discussions with neighbors during the engineering process. Mr. Willis said that each neighbor has contacted the City during the course of the development of the plan and that each had come to the office to examine the plans. Regarding funding for the project, it was noted that $90,000.00 was appropri ted for the project. Mr. Hansley reported that if it were Council's desire to proceed with the full project that it could be put in as a new project in the 1990 budget. He said that staff would recommend that the culvert be changed; that the rechannelization be done; and that the City continue to try to negotiate with Columbus regarding the retention area. Mr. Willis said that actual construction would probably take two to three months; however, the bigger issue would be land acquisition for easements. Discussion followed regarding the City's liability, but it was generally agreed that some action needs to be taken soon. Mrs. Shonkwiler asked that if perhaps with the merger issue behind us, if perhaps the City of Columbus might be more amenable to discussing and/or participating in a joint resolution of the problem. Mayor Rozanski said that Columbus was approached before the merger issue, and that they were not willing to discuss it, but that Dublin would continue to talk to them. Ms. Maurer moved to approve replacement of the culvert. Mrs. King seconded the motion. 1rr. Several members of Council felt that they needed additional information regarding the possible rechannelization and retention. Ms. Maurer moved to approve replacement of the culvert as well as all other improvements suggested in the report. There was no seconded to the motion. Members of Council suggested that other possible alternatives be carefully examined - upstream retention with Columbus, diverting and piping water down I-270, e.g. Comments from Staff Mr. Willis 1. Reported that the new opening date for the Tuttle Road Interchange will be December 15, 1989. Mr. Sutphen asked why there was a curb on the Columbus side of Tuttle Road and was not one on the Dublin side. Mr. Willis said that he thought that the road was originally designed as it is today. Lt. Geis said that the back portion of the Borror Corporation property line, extending the line onto Tuttle Road, that the Dublin line goes west of that intersection. Mr. Bowman said that he thought that a lot of it had to do with the right-of-way in front of the apartment project; that there was not enough right-of-way to purchase or to obtain to allow a ditch section on that side of the road, trying to cut costs on the entire project. He went on to say that he felt that neither side of the road would have been curved had there been a decent right-of-way at the apartments Mr. Sutphen said that he would like to know exactly what happened. Comments from Citizens None RECORD OF PROCEED[NGS i~,7inut~s Of Dublin City Council Meeting Meeting (~AYI iiN LEGAL BLANK CO.. FORM NO. 1014H Held.- December 4, 1989 19 Page Seven Council Roundtable Discussion ~w Mrs. King ~r.r 1. Said she appreciated Mr. Hansley's help in getting a light at Kerry Glen and S.R. 745 and wondered if it would be possible to have a light at Brand and S.R. 745 as well. 2. Was told that the situation described in the letter from Mr. and Mrs. Hicks was being reviewed. 3. Asked about the status of the budget. Mr. Hansley said that Council would probably have it next month. Mr. Sutphen. 1. Asked for a report of the status of Muirfield Drive extension (near Dr. Walker's previous home). Mr. Mack reported that all the work being done presently is ahead of schedule - the sanitary sewer is about 80% complete; the bridge 75%; the bike path about 7~%and work on the storm sewer will begf~ this week. Ms. Maurer 1. Reported that she, Mr. Amorose, and Mr. Bowman would bring to Council a tentative schedule for workshops soon. 2. Suggested including outgoing members of City Council, boards and commission, etc. at the City awards banquet on January 12, 1989. 3. Statement regarding the purpose of the National League of Cities and what members of Council drawn from attendance at the meetings. A. Dublin joined the organization as a member City in 1986. B. The meetings of the organization are something-like a trade association for Council members and mayors. C. Provides information through seminars and meetings on what other cities are doing in the rest of the country. D. Provides an opportunity for networking. E. The organization develops a consistent national policy which they would like to lobby Congress which involves a series of meetings of subcommittees, including the one she serves on - the Trans- portation and Communications Subcommittee. F. The organization has two main meetings in a year - one in Washingt n in the spring which is called the Congressional Congress and focuses on matters that have to do with Congress and the annual fall meeting that is held in a different city in the United States each year. G. The Dublin Council has brought back many ideas from the meetings which have been implemented - goal setting, accreditation of the Police Department, hotel/motel bed tax, special events/special events coordination, child care. Mrs. Barbara Burkholder of the Parks and Recreation Staff has been des- ignated to help set up a child care task force in 1990. A system to monitor complaints regarding cable T.V. will be set up this year as well. Also said Dublin might be interested in developing sister city relation i.r. ships, noting that the City already has five companies that are owned by foreign companies in foreign countries. The regular Council meeiitgs in January were scheduled for January 8, 1990 and January 22, 1990. ms. Maurer moved to adjourn to Executive Session at 9:35 P.M. Mr. Amorose seconded the motion. Vote - Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Jankowski, yes; Ms. Maurer yes; Mrs. King, yes; Mr. Strip, yes. f~ - M r - Pres' ing Officer O erk of Courcil