FmSS8-22-2006

Ashland City Council

MINUTES FOR THE SPECIAL SESSION OF COUNCIL
August 22, 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

EXECUTIVE SESSION

   An executive session was held to discuss the purchase of property.

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

Council adjourned to executive session at 7:03 p.m. and returned to regular session at 7:13 p.m.

Moved by Valentine W1 and seconded by Valentine W2 to close the executive session and return to regular session.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart

LEGISLATION

Ord. 72-06
Item (a) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC SERVICE, TO ENTER INTO A CONTRACT FOR PROFESSIONAL CONSULTING ENGINEERING SERVICES WITH BURGESS & NIPLE, LTD. FOR A RESERVOIR FEASIBILITY STUDY; 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 reservoir feasibility study to be done by Burgess & Niple is to identify future water sources of the City for the next thirty years. They will:
Review the boring logs the City has done in the past several years to take a look at that as far as sand and gravel and clay comes in;
Review the potential for having a sand and gravel company come and operate that for the City;
Estimate the useful life of the sand and gravel that is there;
Evaluate the revenue expenses that the City may accrue;
Determine the feasibility of constructing an in-ground reservoir with flow into the reservoir from Lang Creek;
Determine a feasible configuration capacity of this facility during drought conditions;
Evaluate the necessary water treatment required for the surface water and the possibility of a possible separate water treatment plant at the location;
Evaluate the necessary pipelines, inlets, outlets, pumping capabilities based on the reservoir;
Determine a budgetary cost estimate for the improvements and a schedule for implementation along with possible sources of financing.
Burgess & Niple have by far the best grasp of what the City is asking for. What tipped the scale is that they have a lot of knowledge of sand and gravel in the state as well as the operators. This is why Cooper is recommending their firm for this.
   Stewart asked if the City has anything like that now, and Cooper answered in the negative; there is some analysis now as far as water. He thinks that Burgess & Niple will want to do this just in relationship to the reservoir and how it will affect the City.
   Stewart commented that in his tours to the area, there was an indication that there may be more than one actual reservoir in the end, and Cooper affirmed that. He said he thinks three would be a maximum number. This study will primarily look at the area between the two forks of the Lang Creek.
   Mayor Strine asked if this study would show the pros and cons of three reservoirs versus one, and Cooper responded they could be asked to look at that, but the second and third ones would be there in case of possibilities of need beyond the thirty years’ needs. The Mayor requested that the study show those pros and cons, and Cooper indicated he would ask them to include that.
   Stewart stated that at one time many years ago the water treatment plant handled surface water; is the current treatment plant capable of handling both underground and surface water? Water Treatment Director Bruce Wiser said it could handle it. The problem with that is that the rules have changed so much about dealing with surface water that it might be a lot cheaper for the City to look at the concept of a treatment operation facility handling only that type of treatment. There would be less testing cost.
   Wiser added that once surface water is put into the current facility treating ground water, the water would have to be treated as though all of it was surface water. The treatment cost then increases significantly. To do it with a smaller separate unit would probably save a lot of money.
   Stewart questioned that the treatment cost for a million gallons increases significantly, and Wiser affirmed that. But he noted if treatment was done with a separate smaller unit, a lot of money could be saved. Cooper added that is one of the things they will take a look at; the costs associated with a plant close to the site versus taking the water off to the main plant.
   Detrow commented that this reservoir would be a completely different source of water, all surface water, while the water now at the treatment plant is all well water. Cooper affirmed it is a different source of water.
   Stewart asked about a time frame for completion of this if Council passes this tonight, and Cooper stated three or four months.

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 Detrow 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. 73-06
Item (b) AN ORDINANCE AMENDING SECTION 351.17 OF THE CODIFIED ORDINANCES OF THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by Stewart 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 stated this ordinance is a result of discussion at previous meetings on the issues of parking downtown when people park all day in front of their business or in one spot all day, in violation of parking ordinances. The traffic committee discussed this quite extensively and felt this ordinance should be at least a first step to see if it will make a difference.
   Wertz asked if anything was discussed in the committee about making more rows of the Second Street parking lot near Center Street eight hour parking. Mayor Strine said they discussed this as a possibility. The general feeling of the committee was that it just about doesn’t matter what is changed, that there will always be parking problems downtown. But parking requirements can be changed if Council members think it will help the problem.
   Detrow noted this ordinance changes only the amounts of the fines; it doesn’t speak to the person who moves from one parking space to the next. The Mayor responded that their fines would go up. Stewart added that is if they don’t beat the meter maid.
   Mayor Strine stated the first offense fine is $15.00; if not paid within seven days it will be $35.00. Valentine W2 noted those are expensive parking tickets. The Mayor’s response echoed Stewart’s comment: if they get caught. The minimum time is two hours.
   Detrow repeated that only the fines are changed; the ones who move vehicles one space up before the meter maid checks the two-hour limits are off the hook. Police Chief Bill Miracle told her that is true: all that is changed is fines. Nothing else. This does not affect the person who is in compliance with the law, maybe not the spirit of the law, but in compliance with the law. Those who move just within the two-hour limit do not get parking tickets.
   Detrow emphasized that Council’s work is not done then; it is only a start. She doesn’t feel this is a solution, because it is not speaking to the main issue that people have complained about.
   Miracle stated that what it does do is make it a little more painful for those violators who flaunt the law, because presently a $5.00 fine is no deterrent. He doesn’t know if a $15.00 fine will be a deterrent, but it sure would be a deterrent for him. The traffic committee felt that though it doesn’t address all the issues, at least it is a start. Miracle stated he doesn’t know that there is a consensus yet with the committee as to what to do about the rest of it.
   Stewart explained that a significant amount of time has been spent by several people trying to figure out a reasonable plan to alleviate this system of those violating the spirit of the law. To his recollection, nothing has been brought up that is functional, implementable, practical. So the problem still exists. He agrees with Detrow that they still need to brainstorm that. He asked if other communities had been asked about this, and Detrow affirmed that the Council Clerk had researched several communities, none of which had come up with a solution either.
   Valentine W1 stated he’d been downtown quite a lot and hasn’t had trouble finding parking places at all. Mayor Strine indicated that, at their meetings that was the general feeling of those involved also.
   Valentine W1 asked if there were signs for public parking lots downtown, and Street Director Jerry Mack affirmed that there were signs.

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

   Motion carried.

Ord. 74-06
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO PURCHASE CERTAIN REAL PROPERTY LOCATED 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:
Mayor Strine noted this is an ordinance that would authorize the purchase of a property that is on Sandusky Street, actually 1123 S.R. 96, which is the house, garage and the pole barn that sits right near the Brookside West pond. The reasons he is recommending the purchase are that it fits in well with the park system; also the City has discussed over the past years of building a pole barn for the arborist, and this pole barn will suit that operation very well, along with the extra storage shed located there; also the park office has been in a trailer for many years, and he feels this is an ideal spot for the park office. He recommends purchasing the property.
Stewart asked if all the buildings are in usable condition, and the Mayor affirmed they are in excellent condition.
Detrow asked if this property is in the City now, and the Mayor said it is not now but will be annexed. Detrow went on to comment that this particular property is unique: it is the only one in the place where it is; it is the only one with two buildings the City can use; the City can’t go out and find another property just as good and that will fill the City needs.
Stewart added that it also adjoins current City property.
Mayor Strine explained that originally they had discussed borrowing the money for this over a three or four year period. Now the recommendation is to pay for it out of the capital improvement fund, which means that some of the capital improvement projects will be delayed for maybe one to three years. That will change some schedules for projects in the budget book now. The reason for doing this is because the cost of issuing a note for three or four years just isn’t reasonable when the City could go ahead and pay for it.
Stewart noted this property was listed earlier at a significantly higher price, which was affirmed by the Mayor as about $189,900, though the property is not listed now. The price now is $170,000.
Stewart asked about the cost of putting up a pole building and was told it would be about $30,000 to $40,000, and this building has both a concrete floor and a heating stove.

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

   Motion carried.

Ord. 75-06
Item (d) AN ORDINANCE TO APPROPRIATE THE FOLLOWING HEREINAFTER NAMED SUM OF MONEY IN 2006 AND DECLARING THIS TO BE AN EMERGENCY MEASURE NECESSARY TO MEET THE IMMEDIATE FINANCIAL NEEDS OF THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by Valentine W2 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:
   Finance Director Anna Tomasek explained that this piece of legislation is to allow the City of Ashland to purchase property by appropriating $170,000 out of the capital improvement fund 405.

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 Detrow 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.

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 7:40 p.m.

                                       Submitted by
                                       Elaine C. Hootman
                                       Clerk of Council