Ashland City Council
MINUTES FOR THE SPECIAL SESSION OF COUNCIL
December 29, 2006
Council President Glen Stewart called the meeting to order at
Noon
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
Ord. 102-06
Item (a) AN ORDINANCE CREATING ADDITIONAL APPROPRIATIONS, TRANSFERS AND
ADVANCES FOR THE FOLLOWING HEREINAFTER NAMED FUNDS FOR THE YEAR 2006;
AND DECLARING THIS LEGISLATION TO BE AN EMERGENCY MEASURE NECESSARY TO
MEET THE FINANCIAL NEEDS OF THE CITY OF ASHLAND, OHIO.
Finance Director Anna Tomasek read the ordinance.
Comments:
Mayor Strine explained the first section about
creating additional appropriations is mostly due to the fact that the
extra appropriations needed for the health insurance were charged to
the individual accounts to make up the difference in the health
insurance fund. That created most of this, and that basically is
what the first part is.
The second section, special revenue funds: for
various reasons if the City doesn’t estimate the revenue high
enough, for example in Equipment Fund 222, revenue then has to be
appropriated. That is basically what all those are.
The next section, the enterprise funds, such as the
upgrading of the water treatment plant, was explained between the Mayor
and the Finance Director.
Many of the transfers included money that the City
has but which needed to be transferred to other accounts.
Stewart asked about the income tax transfer coming
in to cover some of the other, and Tomasek responded that the income
tax revenue was higher that was anticipated in the 2006 appropriations;
there was an additional $1,050,000 that will be transferred to the
general fund. Mayor Strine added that it would appear in the
general fund year-end balance; that’s what it amounts to.
Mayor Strine added a point of clarification when
talking about transfers: this is not transferring except where it
specifically says from one fund to another fund, which the City is not
permitted to do. The only place that can be done is in the
Capital Improvement Fund and the General Fund. Most of these
transfers are all within one fund, except for the last two items.
Valentine W1 asked what the end of the year balance
is, and Tomasek explained that the City is still receiving money, but
she estimated a $1.2 million carryover in the general fund.
Valentine W1 then asked if the City closes its books
at the end of December, and Tomasek responded yes, as of today.
After December 15th no bills are paid and the closing process
begins. After this ordinance is passed, then finance will
continue on closing out the books.
Moved by Detrow and seconded by Wertz 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.
PUBLIC HEARINGS:
12:10 p.m.
Stewart stated that Council would move into the
public hearings at this time.
Public Hearing #1
(a) A public hearing for the purpose of gaining input on the
establishment of “M-1” Light Industrial District for an
area of property on the north side of U.S. Rt. 250 East.
(Amberwood Center, Martin Myers)
Stewart gave the location of the area being
considered for the establishment of zoning, and he asked if there was
someone to speak to this particular hearing for Marty Myers.
1. William VanTilburg:
VanTilburg noted that this has all been explained
but if there were any questions, he would be glad to address them.
Stewart explained the location in more detail from
the plat, and asked if there were questions.
Valentine W1 asked if towers could be located in
this “M-1” zoning, but VanTilburg said not; the concept of
towers in this shopping center, one story buildings, might only refer
to the decorative cupolas that extend up on the corners of the
building. Those have been referred to in a couple of the leases
as “towers”, but these are not radio towers. Again,
the concept is that they are part of the structure only.
Valentine had looked through the “M-1”
zoning, in which it said “towers to accommodate
industries.” VanTilburg said that’s what the zoning
would permit, but that is not what these are.
2. Dean DaHinden:
DaHinden asked where he could find these zoning
regulations, and Stewart told him all of them are in the zoning codes
available in the Building and Zoning Office. DaHinden asked about
finding them on the Internet, and the Mayor responded the City is
discussing that right now.
Public Hearing #2
(b) A public hearing for the purpose of gaining input on the
establishment of “M-1” Light Industrial District for an
area of property on the south side of U.S. Rt. 250 East. (Loral
Investments, north area)
Stewart explained the location of the area and
opened the public hearing.
1. William VanTilburg:
He more specifically explained the location of this
area, as it is part of an area for which two different zonings are
requested for two different areas. This area is requesting
“M-1” zoning for commercial and possibly light industrial
uses.
DaHinden asked if this is east of WIL Research, and
Stewart explained the location in more detail. Basically it is a
rectangle of land directly across from the main entrance to Wal-Mart
and Carter Lumber, and it will be zoned “M-1” for business
uses.
An audience member asked if this parcel runs up
behind WIL Research, and Stewart said it doesn’t.
Public Hearing #3
(c) A public hearing for the purpose of gaining input on the
establishment of “R-S” Residential District for an area of
property on the south side of U.S. Rt. 250 East. (Loral
Investments, south area)
Stewart again described this particular area,
explaining that this area does in fact run behind WIL Research; it runs
out to George Road in two areas; it is common property with some
smaller properties and homes that are already there; it does come over
to I-71 right-of-way to the east. This is the area that Council
is asking for public input at this point.
1. William VanTilburg:
VanTilburg explained that this is the rest of the
property owned by Loral Investments, and it is proposed for residential
single and multi units.
2. Chuck Fisher:
Fisher asked if this will change any of the zoning on property that
abuts this property, and will it be annexed into the City? Mayor
Strine and Stewart explained that this is already annexed into the
City.
Fisher asked about changing the zoning on his
property: he stated it is General Farm and he wants it to stay
that. Stewart told him they will have no impact on his zoning,
but the new zoning will abut the back line of his property.
3. Dick Gordon:
Gordon asked if there would be a drive accessible to
T.R. 805 (George Road) from this property?
Ratliff (developer for Loral Investments) responded
there would be two streets out onto George Road. Gordon noted
that T.R. 805 is not George Road out further. Stewart consulted
the map with them to identify the street access. No specifics
were given.
Gordon asked about widening the road, but Stewart
responded he couldn’t speak to that as it is the township road
from a point out. Mayor Strine added that the City has agreed
with the County to cooperate in improving that road; however, he
doesn’t know what the County’s intentions are.
4. Chris Meyer:
In reference to Gordon’s question about road
widening, noting that since Loral Investments extreme southern limit is
at his property line, Meyer asked if the City will be responsible for
widening the road to there? City Engineer Jim Cooper indicated
that County Engineer Ed Meixner is working on this along with Richland
Engineering, and the Mayor added that Meixner would be the one to ask
about this question.
Meyer had two other questions: Who will
maintain George Road/T.R. 805? Mayor Strine responded that as
long as it is in the township, it is their responsibility. Meyer
asked about the part that the City is annexing in? Wertz stated that
part is the City’s.
5. Dan Meyer:
Meyer asked if the road is half City and half
township at the point where Loral Investment’s western edge is;
or does the road become all township or all City? Stewart noted
that the annexation goes to the right-of-way but not including half of
the road in the two areas that come up against the road. Ratliff,
however, thought they had annexed to the center of the road at those
points.
Cooper explained the legal description will clarify
that question. In checking, Cooper noted that it does go to the
center of the road.
6. Dean DaHinden:
DaHinden asked what was the next most restrictive
zoning code after “R-S”, and why was “R-S”
chosen?
Stewart outlined from least to most
restrictive: “R-S”, “R-A” and then
“RL-3”, and they add allowances/restrictions as they
go. Each one includes the entire above plus.
Ratliff explained that they chose “R-S”
because of deeper set backs, widths of lots and larger back yards,
which are not current with what market conditions are in Ashland and in
other places where they are working. They chose the zoning that
allows changes in set backs and widths; they want that to allow for
more saleable lots that people want. They also wanted the
allowance for two stories plus attics; there will not be three story
condominiums or apartments however.
Stewart discussed a question that Council members
had with this zoning request, and that is the addition of eight pages
of covenants that go with this to make it more restrictive than several
of the building codes that currently exist in the City. The
covenants limit what can be done with the lots even more than what the
more restrictive City zonings do. City zonings cannot be
evaluated/changed very quickly; this company has looked at City codes
and the eight pages of covenants really buy a lot of restriction and
allow some building that would be extremely difficult under the current
building and zoning codes.
7. Terri Meyer:
Meyer asked about the quantity and quality of the
houses, square footages and prices.
Ratliff responded: approximately 200 single
family homes, from 1,600 to 2,500 square feet; condominiums can be from
1,100 to 1,500 or 1,600 square feet. This is primarily a single
family development; there is an area along I-71 and another immediately
south of WIL Research that will be possibly condominiums and
apartments. This is a 185-acre property and could be a 15-year
project, during which times the consumer demands could change quite
dramatically. Detached cluster homes are also a possibility,
having some condominium advantages without being all attached.
Cluster homes are selling for around $170,000 and are about 1,200 to
1,400 square feet. Single-family homes will range from $180,000
to $350,000, depending on the area.
Meyer asked about the trees along I-71 being taken
out, but Ratliff said they would not be, as they were not on their
property.
8. Chris Meyer:
Meyer asked about expansion or widening of George
Road. Cooper said they haven’t seen any plans for such at
this time.
Meyer discussed his concern with the increase of
traffic on George Road and its benefit only to the businesses on US Rt.
250. It’s a convenient cut through from SR 60. Gordon
added that one day last summer between 4:00 and 5:00 p.m. he counted
190 vehicles passing on that road.
Meyer spoke again against widening the road: there
are children along that road, and as soon as it is widened, the speed
will increase. But he also commented that aesthetically he likes
what is being planned; as long as it blends in with what is already on
TR 805, he’s pretty much OK with it.
He asked about house trailers, and Ratliff told him
that section has pretty much been scrapped; multi-family will be south
of WIL Research and/or along I-71.
Meyer asked about having a copy of the covenants
that go along with the ordinance, and Stewart told him that will be
addressed along with the legislation after the hearings are finished,
noting that it is a public document.
Detrow commented that as this area becomes more
densely populated, she didn’t think there was any chance that the
speed limit and the policing will remain static; eventually there will
be a lower speed limit and much more police presence there, especially
since it will be a part of the City. These things may address
some concerns about traffic and speeding.
Mayor Strine asked the audience as a whole if they
were comfortable coming in and talking to this group; the City is
internally making an effort to improve communications. He asked
for comments.
Gordon noted the letter and map sent to the people on TR 805; just
keeping them informed was the biggest thing. They don’t
like reading about something after the fact, as though it were all cut
and dried. That goes a long way to keeping them informed.
Chris Meyer reinforced what Mr. Gordon said about
being informed. Stewart noted that all the meeting agendas,
without exception, go to the newspapers for publication. Council
tries very hard to let everyone know what their next meeting is going
to be about. Stewart told them Council appreciates their
input. He also noted that all the meetings are open to the public
and they start at 7:00 p.m. first and third Tuesdays; work sessions are
noted in the newspapers and are usually held on the second or fourth
Tuesdays or the fourth Thursday. But they are always
announced. Anyone is welcome to attend Council meetings whether
they are involved in the business or not.
With that, Stewart closed the hearings to return to
special session.
LEGISLATION, Continued
Ord. 103-06
Item (b) AN ORDINANCE ESTABLISHING THE APPROPRIATE ZONING DISTRICT OF A
CERTAIN AREA OF THE CITY OF ASHLAND, OHIO. (Amberwood Center,
Martin Myers)
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:
VanTilburg noted that the shopping center is well
underway; it is nearly 100% leased; the occupancy day for the tenants
to take over is March 31st; generally the program will be that the
tenants will be open for business by 60 days after that. The
businesses have to do their own interior finishing of their space.
One of the tenants is a store called Deals, and it
is new in the country; another will be a much newer and expanded
Rent-A-Center store; there will be a coffee shop, a medical facility, a
pizza facility of a kind that hasn’t been in Ashland before; and
there are other businesses that make it about 90% leased.
Moved by Wertz 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 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. 104-06
Item (c) AN ORDINANCE ESTABLISHING THE APPROPRIATE ZONING DISTRICT OF A
CERTAIN AREA OF THE CITY OF ASHLAND, OHIO. (Loral Investments,
north area)
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 W2, Detrow, Wertz, Stewart, Valentine W1
Moved by Valentine W1 and seconded by Wertz 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 Valentine W1 that the Ordinance be
passed.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Motion carried.
Item (d) AN ORDINANCE ESTABLISHING THE APPROPRIATE ZONING DISTRICT OF A
CERTAIN AREA OF THE CITY OF ASHLAND, OHIO. (Loral Investments,
south area)
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 W2, Detrow, Wertz, Stewart, Valentine W1
Comments:
DaHinden asked if this ordinance includes all the
restrictions as discussed, and Stewart responded if they pass it as it
is right here, it will.
Stewart discussed a point in the covenants that he
personally disagreed with, and he read: “The developer may
be entitled to modify any of the previous provisions of these covenants
and restrictions, or to waive any of these provisions, either generally
or with respect to the particular party, if, in the developer’s
judgment, the development or lack of development requires such
modification or waiver or if, in the developer’s judgment, the
purposes of the general plan of the development will be better served
by such modification or waiver. This is in effect until January
2022.”
After reading that, Stewart shared his
concern. These covenants are, for the most part, very real and
very protective. This part negates the whole thing, and he will
vote against it if it is presented as it is now. He thinks there
may be a proposal for amendment.
VanTilburg stated the proposed amendment, but first
explained a deed restriction. A deed restriction is unlike an
ordinance that is passed today and amended tomorrow. A deed
restriction, unless there is some sort of clause such as this in it, is
written in stone and nobody but nobody has any authority to change it
for its duration. He thinks these go on for 50 years and then are
extended for another 50.
Situations change. VanTilburg gave the example
of satellite dishes that first came out and were quite large; in his
development, they invoked that kind of a clause to keep them out.
Things change and developers need to change with them. That is
the reason for that clause.
VanTilburg suggested to Stewart, on behalf of Loral
Investments, that they have no intention of being unreasonable about
this, and they have every reason to think that City Council will be
reasonable about it. So the change would be: “The
developer, upon concurrence of City Council,
may……….”. So if the developer wants to
make a change such as something unusual coming up, they can come to
City Council and if they concur, the change can be made. It takes
the concurrence of City Council; it cannot be done unilaterally.
That is the change.
Stewart suggested with the change in language, using
the word “shall”: “The developer shall come to
City Council to subscribe to changes”. With that insertion
of proper language, that makes it more like a zoning variation than a
non-flexible covenant.
Moved by Stewart and seconded by Detrow to table this ordinance and act
upon it when the revised wording is used.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Motion carried.
Stewart noted that with the revision in the
document, it would be put back onto the agenda.
EXECUTIVE SESSION
Stewart requested an executive session be held
immediately following the special session for a personnel issue
relating to the appointment of a public official. They will
return to special session to adjourn. There will be nothing to
announce following that meeting.
Moved by Stewart and seconded by Valentine W1 to move to executive
session.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Council moved to executive session at 1:08 p.m. and returned at 1:49
p.m.
Moved by Wertz and seconded by Valentine W2 to reconvene the special
session.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
ADJOURNMENT
Moved by Valentine W1 and seconded by Valentine W2 to adjourn.
Ayes: Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Council adjourned the special
session at 1:50 p.m.
Submitted by
Elaine
C. Hootman
Clerk of
Council