F-SS8-1

Ashland City Council

MINUTES FOR THE SPECIAL SESSION OF COUNCIL
August 1, 2006

Council President Glen Stewart called the meeting to order at 7:00 p.m.

ROLL CALL

Ward 1:   Robert L. Valentine   Present
Ward 2:   Robert M. Valentine   Present
Ward 3:   Ruth Detrow       Present
Ward 4:   Paul Wertz       Present
At-large:     Glen Stewart       Present

Note: Throughout the minutes, Robert L. Valentine and Robert M. Valentine are designated as to their ward representation, W1 and W2.

PLEDGE OF ALLEGIANCE

LEGISLATION

Res. 9-06
Item (a) A RESOLUTION AUTHORIZING THE MAYOR, DIRECTOR OF PUBLIC SERVICE OF THE CITY OF ASHLAND, OHIO, TO FILE AN APPLICATION AND ENTER INTO AGREEMENTS WITH THE OHIO PUBLIC WORKS COMMISSION FOR THE PURPOSE OF ACQUIRING FUNDS THROUGH THE STATE CAPITAL IMPROVEMENTS FUND AND THE LOCAL TRANSPORTATION IMPROVEMENT PROGRAM PURSUANT TO SECTION 164 OF THE OHIO REVISED CODE FOR THE COMPLETION OF CONSTRUCTION PROJECTS IN THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Resolution has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

Comments:
   City Engineer Jim Cooper explained that this is a request for Council to authorize the application for Issue 2 money for construction projects in 2007. The main project is the Mifflin Avenue booster station improvement, and the second project is a waterline replacement on East Main Street, west of Lincoln Avenue.
   The Mifflin Avenue booster station is the big water tank at Mifflin and Claremont Avenues, and this will be a total upgrade of infrastructure. This has been put off a couple of years due to budget constraints.

Moved by Wertz and seconded by Valentine W2 that the Resolution be passed on the first reading.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Valentine W1 that the rules requiring the reading on three separate days be suspended and that the Resolution be passed on the second and third readings.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

Moved by Detrow and seconded by Wertz that the Resolution be passed.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

Motion carried.

Ord. 69-06
Item (b) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC SERVICE, TO ENTER INTO A SECOND MODIFICATION OF THE ASHLAND BUSINESS PARK – PHASE I PROJECT – SIMONSON EXCAVATION, INC. (NKA SIMONSON CONSTRUCTION SERVICES, INC.) CONTRACT AUTHORIZED BY ORDINANCE NO. 59-05; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

Comments:
   Cooper stated this is the final change order to finish up the Ashland Business Park Phase 1 project. Simonson Construction did the work, and this basically will allow the completion of the project. When the job first began, they found some severe undercutting right at Faultless Drive and had some more undercutting as well as deduction and additions. This puts them all together for the final change order.

Moved by Valentine W1 and seconded by Valentine W2 that the Ordinance be passed on the first reading.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Stewart that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Valentine W1 that the Ordinance be passed.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

   Motion carried.

Ord. 70-06
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC SERVICE, TO ADVERTISE FOR BIDS AND TO ENTER INTO A CONTRACT FOR THE WATER TREATMENT PLANT IMPROVEMENTS SOFTENER UNIT NO. 1 REPLACEMENT IN THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

Comments:
   Cooper explained that this is the second water softener to be replaced at the Water Treatment Plant. This is Issue 2 money: grant, $400,000; loan, $88,000 at 0%; and the rest of the money is the responsibility of the City. This allows the continued upgrading construction at the Water Treatment Plant.
   Stewart asked how this compares with the cost of the softener replaced earlier; will it be a similar cost? Cooper responded it might be a little more only because of difficulties working on the project there that affected this tank.


Moved by Valentine W1 and seconded by Stewart that the Ordinance be passed on the first reading.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Valentine W1 that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Valentine W1 that the Ordinance be passed.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

   Motion carried.

Ord. 71-06
Item (d) AN ORDINANCE PERTAINING TO THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

Comments:
Mayor Strine noted this is on US Rt. 250 East, and on the south side of the highway.
Attorney Bill VanTilburg represents the petitioner, Alan Ratliff of Wooster, who also was present. VanTilburg commented that this is the single largest annexation ever for the City of Ashland in terms of geographic area.
Ratliff explained that he is the owner of the 185-acre property located off US Rt. 250. Using a conceptual drawing, he described his development as consisting of a commercial area along US Rt. 250; office buildings back the first access road; 240 to 250 residential lots; then between Wil Research and the rest of the allotment would potentially be condominiums and multi-family. A triangular piece along I-71 doesn’t have a designated use as of yet.
The commercial area is directly across from Wal-Mart and will share the access traffic signal for that. Access for the lot was already set aside by the state.
The residential area covers about 40 acres. Ratliff stated that he is a builder and expects to build the residences on the lots. Individual lots can be bought and will be open to other builders subject to rules and deed restrictions. A projected timeline is 10 to 15 years; size of lots are ¼ to ½ acre and will sell roughly from $28,000 to $35,000.
Stewart asked about watershed control on the outlying lots, and Ratliff responded that the engineering plans aren’t that far along, but typically his company does that for themselves; people will call them before they call the City if there are water problems. There will be several retention basins.
Law Director Rick Wolfe explained that at this time the City is only accepting the annexation of the property after having waited the requisite 60 days from the county commissioners’ detachment. There are a lot of plans, specifications and approvals to be done before many questions are addressed.
The question of tax distribution and formula came up, and Mayor Strine explained that it was discussed with the township trustees as a way to get annexation done, because the trustees were always opposing the annexations. In an effort to make progress around the community, these things were discussed and agreements were made.
Wolfe outlined the expedited annexation process, which relies greatly on the agreements and tax issues and distribution having been done ahead of time with all parties concerned. It is a win-win situation, and it facilitates the process.

Moved by Wertz and seconded by Detrow that the Ordinance be passed on the first reading.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

Moved by Wertz and seconded by Stewart that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Detrow that the Ordinance be passed.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

   Motion carried.

NEW BUSINESS

(a) Request for liquor permit hearing: (New)
To: Ashland Pizza, Inc., dba Pizza Hut, 1274 Claremont Avenue:

Moved by Wertz and seconded by Detrow to request no hearing.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

ADJOURNMENT

Moved by Valentine W1 and seconded by Valentine W2 to adjourn the special session.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

       Council adjourned at 7:35 p.m.

                                       Submitted by
                                       Elaine C. Hootman
                                       Clerk of Council