Northwood Planning Commissions Regular Meeting Date December 8, 2014 Time Heading Call to Order: Roll Call: Location Council Chambers Record of Proceedings for Northwood Planning Commission – Regular Meeting of December 8, 2014 The regular meeting of the Northwood Planning Commission was called to order by John Melnyk, Chairman on Monday, December 8, 2014 at 6:00 p.m. in the Council Chambers of the Northwood Municipal Building. The roll was called by Kimberly Vaculik, Planning, Zoning & Economic Development Coordinator. Those in attendance were: Members: Chairman John Melnyk, Mayor Mark Stoner, Mr. Venzke, Mr. Burns, Mr. Tewers, Mr. Kamilaris, City Engineer Dave Kuhn & Planning, Zoning & Economic Development Coordinator Kimberly Vaculik Mr. Delventhal was absent. Motion to Excuse the Absent: Mr. Venzke made a motion to excuse Mr. Delventhal, second by Mr. Burns. Vote: Mr. Venzke-Yes; Mr. Burns-Yes; Chairman Melnyk-Yes; Mayor Stoner-Yes; Mr. Tewers-Yes; Mr. Kamilaris-Yes Motion Passed. Approval of Minutes for Planning Commission Motion to approve the minutes from the regular Planning Commission meeting of November 10, 2014. Chairman Melnyk made a motion to approve the minutes, second by Mr. Kamilaris. Vote: Chairman Melnyk-Yes; Mr. Kamilaris-Yes; Mayor Stoner-Yes; Mr. Venzke- Yes; Mr. Burns-Yes; Mr. Tewers-Yes Motion Passed. New Items for Review Northwestern Water & Sewer is requesting Preliminary site plan approval to build an above ground 2 million gallon sanitary sewer overflow storage tank between Wise St. and Curtice Rd. on Parcel #50-812350000022000 Mr. Tom Stalter, P.E., Manager of Engineering of Northwestern Water and Sewer District, 12560 Middleton Pike, Bowling Green, Ohio 43402 and Mr. Ted Bennett, P.E., Associate, Project Engineer for Jones & Henry Engineers, Ltd.,3103 Executive Parkway, Suite 300, Toledo, Ohio 43606 were in attendance to speak on behalf of their project. Also in attendance is Eric Chamberlin, Engineer NWSD and Rex Huffman, Solicitor for the District. Mr. Stalter: We have an agreement with the City of Oregon for treatment of the flow for the 200 area which includes Northwood and goes down South to Millbury. The 200 area is indicated in green on the maps provided. Northwestern Water This all travels through one main line into the City of & Sewer Oregon and is treated then runs into Lake Erie. Oregon Preliminary site has an agreement with the EPA to make improvements to plan for sanitary their system which has effected NWSD. We can now sewer overflow tank only allow 5 million gallons per day to run into Oregon. Under dry weather this is fine however, under wet weather and the conditions of the sewers this causes a problem. Our contract was renewed with Oregon in April. The new contract mandates that we put in a new control structure for the flow which goes to Oregon, flow metering, and a 2 million gallon storage basin. The work according to the contract is supposed to be done by October 2015, we are behind schedule. We reviewed the flow and in 18 months we exceeded 5 million gallons a day 60 times. The basin will be used to catch the excess and hold it temporarily. We have been working on INI- infiltration inflow reduction which consists of repairs to the sewer system which we have been doing throughout the district. This is way too expensive with diminishing returns. This takes years to do and results are uncertain. Occasionally man hole covers are taken off to allow storm water to drain into the sanitary sewer, this is a problem. Anytime there is an overflow to our system or Oregon's system, we are a large part of that. The City of Oregon has some direct overflow into Lake Erie. Mr. Bennett: (Showing areas on maps provided) The site needs to be near the 48" trunk sewer (red line on map) which runs North and South, between Curtice Rd. and Williston Rd. We need to get the water from the 48" trunk sewer into the basin. The further we put it away the more it raises the costs (more piping cost). We need it to be near the downstream end of the trunk sewer to make it function most efficient as possible and it must be upstream of the City of Oregon because they read the flow coming out of the district, they need the flow to be limited. When high flows persist in the system, exceeding 5 mg/d the flow backs up. We are going to set a level for when the flow backs up, not sure what level yet. Talked about options, above grade and below grade storage pipe line. We wanted to do underground line which fills and empties by gravity however the cost is much higher. We looked at couple different options to configure piping. The pipes were going to be 9' in diameter and 30' deep. We ran into problems with Toledo Edison clearance with the towers to dig for the pipes. Also, there are also some wetlands North of Wise St. We began to think a trenchless option would be the way to go. All options were 2 million gallons. The above grade will have pumps, the overflow will have to pump up into the basin. If there is an event that the basin fills up and the 5 million gallons has gone to Oregon, there will be a built in overflow to allow the excess to get away. There will be a surcharge on extra flow but it won't flood anyone out; there will be an emergency method to get rid of the flow. The tank will be beautified, there are different options for texture, finishes etc. We looked at cost, underground $7 to 8 million, above grade basin just under $5 million. Maintenance costs are greater for above ground because of pumps and moving parts. These are costs that get passed to the customers of the district so the district is trying to choose the most cost effective option for this project. Pumping is the primary difference between the options. The pipeline option construction would be complete approximately Aug 2016 and the same would be true for the above grade basin. Although we are more optimistic for the above ground basin to be built by January 2016. The tank will be approximately 1300' East of Eden East. I want to distinguish this project from a different sewer project the district is going to be working on at the Wise St. pumping station, which will parallel with wise St. So if you see dirt being moved around, don't worry it is a separate project. Chairman Melnyk asked if there was anyone else in attendance wishing to speak in favor of the project. No one else wished to speak. Chairman Melnyk asked City Engineer Dave Kuhn to read his comments. City Engineer, Dave Kuhn: These are my comments dated December 1, 2014, I am amending them after some research was done by our City Attorney. 1) The applicant is proposing to construct a 20 foot high 2 million gallon above ground flow equalization basin on a 2.07 acre parcel of land that is presently owned by Louisville Title Agency N.W. Ohio, Inc. (Hirzel Canning Co.). The proposed location of the basin is approximately 1,350 feet east of the nearest house in the Greenway Estates Subdivision. The purpose of the basin is to capture and store sanitary flows in excess of the contract flow rate limitation to the City of Oregon. The parcel is zoned "A-1" Agricultural District and is surrounded by parcels zoned "A-1" Agricultural District except in the southeast corner in which the parcel is zoned "R" Suburban Residential for possible expansion of the Crosscreek Meadows Subdivision. The basin meets the setback requirements of the zoning district. I looked at the use of the facility and this is where the City Attorney did some research and since NWSD is a political subdivision it would be considered a public facility and would meet the requirements under Section 1254.02( a ) ( 6 ) of the Northwood City Zoning Code. Per Brian, the Planning Commission (under the ORC Section 713.04) can control the height, design of the building etc. 2) Comments from the Zoning Inspection Report shall be included in the final site plan approval of the Planning Commission. Ms. Vaculik: I have the same comments as Dave. 3) A set of final site plans shall be submitted to the City of Northwood's Fire Chief to review the location of the hydrants, fire apparatus access and other equipment items. Comments from the Fire Chief shall be included in the final site plan approval of the Planning Commission. Ms. Vaculik: The Fire Chief's only comment was concerning the EPA, what are their requirements for a project like this and he wanted to make sure all regulations are adhered to. The Police Chief had no comments. 4) A set of final site plans shall be submitted to the City of Northwood's Police Chief to review vehicular access and public safety items. Comments from the Police Chief shall be included in the final site plan approval of the Planning Commission. 5) Add on the final site plan a legal description of the proposed parcel according to Section 1250.12 (b) (2) of the City Zoning Code. Furthermore, since the parcel is landlocked, an access easement needs to be recorded before the City can approve a lot split. 6) Show on the final site plan the metes and bounds description of all property lines that match the legal description according to Section 1250.12 (b) (7) of the City Zoning Code. 7) Show on the final site plan how the storm water flowing off the facility will be directed away from the adjacent properties and meet Northwood's drainage design requirements. Also, since more than one acre of land will be disturbed, an EPA NOI Permit will need to be obtained and a SWP3 Plan will need to be submitted for review. 8) Since the site is unmanned, parking will not be required. However, for service calls a minimum of two parking spaces is recommended with one being a handicap space. The parking area shall be paved with asphalt. 9) If outside security lighting will be installed at the site, provide a photometric plan at the final site plan submittal. 10) Since this site is approximately 1350 feet to the nearest residential home, we would recommend mounding and landscape screening around the entire site. A landscape plan shall be submitted at the final site plan submittal. 11) Provide additional information on the pump station building shown on the preliminary site. At the final site plan submittal provide the City Planning Commission with elevation views of the building. Chairman Melnyk opened up the meeting for public comments. Residents who spoke for/against the project: Dan Mikolajczyk, 2513 Skagway, Northwood, Ohio Wants to know who owns the land Northwestern is proposing to build on? Are there any other existing above ground tanks in Ohio? Are our rates going up again? Do we allow this type of use under the zoning code? Dave Kuhn: Yes, per our City Attorney Brian it's a public service facility, it is a permitted use under A-1 Agricultural. Mr. Mikolajczyk: Where will the overflow go? Why not put it closer to the source in Oregon? People wouldn't complain as much there because it is not surrounded by residences. I am against having this above ground tank. That is a prime area for redevelopment and once the mall is gone things will come back around. I don't think it will look that bad, but we will smell it. The problem of the storm water getting into the sanitary sewer was amplified in 2006 when farmers were draining their fields into the sanitary sewer. Were they fined? Why can't you lock the man hole covers? Mr. Stalter: Northwood Realty owns the land, Mr. Hirzel is on the Board. Northwestern has not done an appraisal on the land so they haven't negotiated any price nor have they purchased the land yet. There are other above ground tanks in Ohio, there are concrete, steel (in Gibsonburg) and open basins (in Oak Harbor). Yes, Rates will go up again however they won't be as high with the above ground tank as they would with underground. The difference would be about $10. Mr. Bennett: There is a potential for odors however the tank will have a system to catch the odors and send them back into the basin. We will put a slight negative pressure on it which will push the odors right back into the sewer lines. Mr. Mikolajczyk: Will it have back up power? Mr. Bennett: We are not sure yet, it is conceivable to have it there. Mr. Stalter: We looked at putting it in Oregon however it's very populated along the trunk line. The tank must be located where we have chosen because we need it downstream of the sewers but upstream of the control structures. The tank is 30' tall with the dome 10' to 12' and 20' of the outer wall exposed. Approximately 25' will be exposed, we plan to put screening around it. Northwood could help decide colors, screening etc. Jim Crane, 166 Bradner Rd., Northwood, Ohio Mr. Crane: I spoke to NWSD two weeks ago and they never said that it would have no odor. There will be an odor. There is always an odor on Curtice Rd. ditch, sewage always has an odor. How will the tank effect property values? This is prime property (East of Lemoyne) for development of homes. No developer will look favorably on having this type of tank in their back yard. Council needs to oppose this project. Mr. Stalter: The smell won't be any worse than what is already there. Having the sewer should help property values because it will alleviate flooding problems residents currently face. Lila Utter, 3412 Curtice Rd., Northwood, Ohio Ms. Utter: Agricultural land must be preserved as in accordance with the City's Comprehensive Master Plan. We recognize the need for this tank however we don't want the smell, bury the tank. There is conflict with building the tank and Northwood's Master Plan. Northwood has already allowed a big box store to be built (Menards) in an area that was supposed to be residential. We should stay with Master Plan in a way in which everyone is happy. I am against this project. Ms. Vaculik: Menards is in Oregon, Northwood only has the access road to it. Fritz Kalmbach, 3329 Bordeaux Rue, Northwood, Ohio Mr. Kalmbach: What happens if we allow an above ground tank that has a catastrophic failure? That could have an enormous impact on the community. When these decisions are made, a full analysis should be done on the potential of a failure. I am opposed to the project. Mr. Stalter: This tank will be empty 95% of the time. It is a concrete tank which is extremely strong however, anything can fail, it could get hit by a plane. It's a remote possibility, even an underground tank could fail. Mr. Bennett: The tank will be buried 10' underground, 2/3rds volume is already underground. There will be pumps in the tank that even if they are running it can still run back into the sewer. Most of the volume is from storm water getting into the sanitary system. Carol Harris, 703 Hanson St., Northwood, Ohio Ms. Harris: There is an Eagle in the woods that I like to watch. I am concerned about the odor, noise and lights. I am deeply opposed to this project, I have lived here for 13 years and do not approve of this project. Mr. Stalter: There would only be noise during the wet weather. The lighting can be turned down and they are aware of the Eagle's nest, the tank must be 600' away from the nest per federal law. We've done an environmental report on it. Carol Crosser, 3985 Dalling Dr., Northwood, Ohio Ms. Crosser: The difference in the monthly cost is $10 for underground, what is the difference between the two? I think most residents would be willing to pay the difference to have this put underground than to have our property values decreased. Mr. Stalter: For the above ground it will add about $2$3 per month and for underground it would add $10-$12 to the monthly bill. Jim Crane: The $10 to $12 is going to be distributed among all of the district? Mr. Stalter: That hasn't been decided yet. It could be distributed among all of the district or just the residents in the 200 area. Mayor: If the above ground tank project is estimated to cost the district $5 Million which will cost the residents an additional $2 to $3 a month, why is the difference of an additional $2 Million for the underground make the cost jump up to $10 to $12 a month? What is past practice on billing? Northwood will end up paying twice on it, once to look at it and we will have to pay for it as well. Mr. Stalter: I don't have the exact numbers for the monthly charges it depends if all of the district will be billed or if they only charge the 200 area. The district tries to keep it consistent. If only a certain area will benefit then generally they are the only ones who will pay, if it benefits a wider area then everyone will be charged. Chairman Melnyk: When Northwood joined the district years ago, we were told that all costs would be shared by the whole district. Mr. Stalter: Northwood never joined the district. I apologize we don't have the exact numbers and we will get you those answers. Dave Cufr, 228 Bradner Rd., Northwood, Ohio Mr. Cufr: I haven't seen the Curtice Rd. flow control structure. Is all of Northwood serviced by NWSD? Is Northwood feeding into this line? Brian Ballenger: The district controls all lines in Northwood. It's the customers in the 200 area that feed into the line. Mr. Bennett: The Curtice Rd. flow control structure is a below grade structure. We will add a flow meter to it. It will be just minor modifications done to it. Carolyn Schimmel, 2239 Richmand Dr., Northwood, Ohio Ms. Schimmel: We own land on Curtice Rd., we are opposed to a poop tank, it will decrease our property values. Mr. Hirzel has okayed the tank however not everyone wants to hold onto land. We may want to re sell at some point and this will only hurt that. We expected better numbers and an outline from NWSD. This will affect our lives. We are very against this project. If it's a necessity to have the tank, then put it under ground. 1:09 Donna Bear, 4909 Curtice Rd., Northwood, Ohio Ms. Bear: We are opposed. If the project gets denied where does NWSD go from here, how will it affect the residents if this is not done? Mr. Stalter: We will proceed with the design unless we are told by our Board to stop. We are under contract with Oregon and will be in violation of the contract if the project does not continue. There will be implications that are negative if the project is not done however, we cannot predict what they will be. We could get into issues with EPA. If it's not done, there could be Attorneys fees, EPA fines however we really aren't sure what will happen. Jim Crane: How are you spreading the cost of the project around, over Northwood or all of the district? Most of the overflow comes from Lake Township, correct? Mr. Stalter: A lot comes from our district, some comes from Millbury a lot of theirs is run off illegally. We have 17,000 to 18,000 residents that pay but if the project really only helps Northwood, then the cost may only affect Northwood residents. Jerry City just got new sewer lines so it might not be fair for them to have to pay for this project which only will help the 200 area. As it is right now, everyone in the district would pay but if Northwood has certain requirements, then they may have to look at the project to see who would be charged. Mr. Crane: Why would Northwood pay when you just acknowledged that most of the problem comes from Millbury? Mr. Stalter: Cost is our primary concern and we will look at everything. For the above ground it will add about $2-$3 per month and for underground it would add $10$12 to the monthly thoroughly however I do not have all the information right now. We are under time constraints due to our contract with Oregon which requires the project be completed by October 2015. Mr. Kamilaris: Why did you wait so long? Why haven't you brought it to Planning Commission before now? How much will it cost us? Mr. Stalter: We had started talking in August and had previous meetings with the staff over a year ago. I don't have the figures, we didn't have enough notice. Dan Mikolajczyk: I received my notice November 21st. If you want to do the project fine, just don't do it in our back yards. Is NWSD going to use eminent domain? Cathy Moore, 2511 Eden East Dr., Northwood, Ohio Ms. Moore: This project will literally be in our backyard. I moved here 21 years ago and this will be a horrible mistake if Northwood approves it. I already pay a lot for water and sewer bills but I would rather pay an extra $10/month. There is a better place for a tank like this. The levy just passed for the schools so that will help Northwood. NWSD should have better prepared tonight. I am opposed to this project. 1:22:01 Keith Heyman, 4422 Curtice Rd., Northwood, Ohio Mr. Heyman: How will you access the tank? How often will you go to the site? Mr. Stalter: We will access it by extending the drive off Wise St. and we will go to the site probably 2 to 3 times a week. There is going to be a fan in the tank which will suck the smell and push it back down the sewer so there will be no smell. Michelle Nyers, 2510 Eden East Dr., Northwood, Ohio Ms. Nyers: Is Mr. Hirzel receiving payment? Why can't you put this in another area like down on Woodville Rd. at the wastewater plant? This will affect our property values. I am completely against this project. Mr. Bennett: The wastewater plant on Woodville is no longer owned by the district, they sold that site to a contractor. We chose the site we did from a technical standpoint. Ms. Nyers: Is Mr. Hirzel receiving a stipend for his property? Mr. Stalter: We are not sure yet. Chuck Wood, 4119 Wise St., Northwood, Ohio Stated he is against the proposed project. We don't need another eye sore. Ron Kozina, 5389 Billman Rd., Millbury, Ohio 43447 (Owner of Parcel M50-812-260301001000, 0 Curtice Rd., Northwood, Ohio) Stated he is against above ground. Shannon Albright, 168 Bradner Rd., Northwood, Ohio Stated she is strongly opposed. Scott Deaner, 2551 Eden East Dr., Northwood, Ohio Stated he is against the proposed project. Scott Schloegl, 144 Chantilly Rue, Northwood, Ohio Stated he is opposed. Rates are already too high. 1:29 Carol Cantrell, 3902 Curtice Rd., Northwood, Ohio Stated she is opposed. Gary Baumbach, 2515 Revilla Dr., Northwood, Ohio Stated that Northwestern should focus on separating the sanitary and storm sewer lines. He is opposed to the above ground tank. Carol Albright, 2510 Revilla Dr., Northwood, Ohio Stated she is opposed to the above ground tank. Ron Albright, 2510 Revilla Dr., Northwood, Ohio Stated he is opposed to the project, he would like more information from Northwestern. Nate Cantrell, 3902 Curtice Rd., Northwood, Ohio Stated he is against the proposed project. Dave Waddell, 3787 Curtice Rd., Northwood, Ohio Stated he is opposed to above ground. Oral Robinett, 2548 Eden East Dr., Northwood, Ohio Stated he is opposed to the proposed project. Bob Utter, 3412 Curtice Rd., Northwood, Ohio Stated he is opposed to the project. Michael Albright, 168 Bradner Rd., Northwood, Ohio Stated he is opposed the project. Craig Bechtel, 265 Chantilly Rue, Northwood, Ohio Stated he is opposed to the project. George Parker, 241 Chantilly Rue, Northwood, Ohio Stated he is opposed to the project. Pat Aiello, 1920 Parc Rue, Northwood, Ohio I would like more information. Stated she is opposed to the project. Chairman Melnyk: We have gone over the information we have received and studied it. We have sent out public notices and published it in the paper so people can come to the meeting to ask questions and get answers. Our monthly meetings are always an open forum. 1:33 Chairman Melnyk: Is there grant money available for this project? Mr. Stalter: We applied for grant funding however all we received were low interest loans. Chairman Melnyk: Northwood received money previously to separate our sanitary and storm lines, why haven't other Cities in the County? Mr. Stalter: This is for a system that is already separated. In my experience, people don't spend money on things until they are forced to. Mr. Venzke: Why isn't it feasible to put the tank underground? Mr. Stalter: It is feasible but will cost more. It will function the same, the odor issues will be the same for either option. The above ground will only have a visual impact. The district is trying to save money. Mr. Venzke: Why would it cost $2 million more to have it underground? Mr. Stalter: It would require bigger pipes, they would be digging down 40' and would have to add 2 additional pipes. Mr. Venzke: Will you be using the existing pipes, pumping it up? Mr. Stalter: Yes. Mayor: Why can't you bury the tank? Mr. Stalter: It is not designed for it, it is only designed for a partial burial. Mayor: If you build it the way you propose, I would like to see other screening. Arborvitae die within 10 years, why not put in Maple trees, Oak trees etc. I would like to see better landscaping so the tank would not be visible. The height bothers me. I also think that this type of use really doesn't fit in with the typical agricultural use of farms, pigs, cattle. You don't see these in agricultural areas. Mr. Stalter: These tanks are all over in agricultural places. Mayor: I don't care if they are in other places, you don't see them in Northwood. There are about 60 people here, 28 of whom have stood up and spoken against this project. I'm speaking on behalf of my residents. What happens when the tank isn't needed? We would want the tank removed when not in operation. Mr. Stalter: We don't want to have to do this project either and we are not here to make people mad. It is possible to work something out if and when the tank is not needed. Mr. Burns: I'm not against the project and I do understand that it is needed however I am opposed to where and how you want to do it. If not totally underground, is it possible to lower the tank? I have very serious reservations about it being built there. Mr. Stalter: We've chosen that location because the tank must be between the control station in Northwood and the City of Oregon. The tank is 30' to the side not including the dome, which will be buried 15.' So it will be smaller than what is shown on the slide provided. Mr. Kamilaris: There are no other options? Mr. Stalter: No, nothing reasonable. Mr. Kamilaris: I already pay too much for my water bill, our rates got raised when we went to monthly billing and we didn't get any upgrades for it. Why are you putting this in now? The land around it will never be developed if this goes in, why not put it in Oregon? Mr. Stalter: The closest home is about 1300' away from the proposed tank. It's just not feasible to put it in Oregon. City Engineer Kuhn: You do have two options, one underground and one above ground. Mr. Stalter: Right but no other location is possible. Mr. Tewers: I am disappointed that there are only two options. I think if you came back with another option such as burying most of the tank, it would be easier to hide with landscaping. I understand that odors are easier to control with an above ground tank than they used to be however, I agree with the residents, this isn't the place for that type of tank. Mayor: I was told by Jerry Greiner from NWSD that when the district went to monthly billing my bill would not go up. I just want to say that our monthly bills did go up, so that wasn't accurate. Mayor Stoner made a motion to approve the preliminary site plan for NWSD to allow an above ground 2 million gallon sanitary sewer overflow storage tank, second by Chairman Melnyk. Vote: Mayor Stoner-No; Chairman Melnyk-No; Mr. Venzke -No; Mr. Burns - No; Mr. Tewers - No; Mr. Kamilaris - No Motion Failed. Chairman Melnyk: I personally am for the project to be underground. You may resubmit revised plans to Planning Commission for future review. Pending Items: Nuisance Code ( Property Management) Next Planning Commission January 12, 2015 at 6:00 PM Chairman's Report: No report. City Engineer's Report: No report. Zoning: The code changes that went before Council for signage, CBD, Pools etc. were approved at Council's regular meeting of December 4, 2014. They also approved the zoning changes for 2191 Drouillard from C-Commercial to M-2 Heavy Industrial and 4510 Woodville Rd. (back portion only) from CBD to C-Commercial. Adjournment: There being no further business before the Planning Commission and all being in favor, the meeting adjourned at 7:55 p.m. Attest: Kimberly Vaculik, Planning, Zoning & Economic Development Coordinator Chairman John Melnyk Approved: Produced by FTR Log Notes™ www.ftrgold.com