MINUTES FOR THE REGULAR SESSION OF COUNCIL
June 7, 2005
Council President Greg Gorrell called the meeting to order at 7:00 p.m.
ROLL CALL
Ward 1: Bob Valentine Absent
Ward 2: Greg Gorrell Present
Ward 3: Ruth Detrow Present
Ward 4: Paul Wertz Present
At-large: Glen Stewart Present
Gorrell noted that Mr. Valentine is absent due to a previously scheduled out-of-town trip, planned long before events of concern to the audience this evening. It was a plan he could not change, pointed out specifically for audience awareness.
Moved by Stewart and seconded by Detrow to excuse Mr. Valentine.
Ayes: Gorrell, Detrow, Wertz, Stewart
May 17, 2005 Regular session
May 24, 2005 Special session
Stewart reported a call regarding the content of the minutes of May 17th. Upon reviewing them in the hard copy he received, he saw no error in them.
Moved by Stewart and seconded by Wertz to accept the minutes as presented.
Ayes: Gorrell, Detrow, Wertz, Stewart
SPECIAL PRESENTATION: DARE Essay Award Winner 2005, Michael Rueger
Ashland City DARE Officer Jeff Shipper explained that all City sixth grade DARE students each year write essays to express their ideas about the DARE program. The field is narrowed down to the one essay that best represents the DARE program and the DARE student’s idea of that program, and that student follows the tradition of presenting the essay before City Council. An unexpected second tradition has emerged, and Shipper termed this the “Rueger Trilogy” in that this is the third essay winner from the Daniel and Michel Rueger family. Sixth grader Michael Rueger is the essay winner this year, following his sisters Danielle and Christina winning in previous years.
Michael presented his essay entitled “Why I have the power not to smoke, drink or use other drugs,” and he used the letters P-O-W-E-R outlining his very solid, important reasons and values upon which he has based his decision to live a drug-free life. Michael’s essay is indeed an award winner. Congratulations to Michael and to his family for being a part of a continuing tradition.
(a) Request for a “Skate Day”: Christine Hootman
Hootman expressed her concern about the youngsters skating in the town and getting into trouble, being arrested, getting tickets. There is a countrywide day planned, June 21st, called “Skate Day”. She asked permission for the skaters to have a time to skate without being arrested.
Hootman explained that she wants to talk to them to explain the need for respect from the skaters as to property, the community residents, police officers. Her request is to talk to the Mayor to see if there can be a place for them to skate; a place for them to be and not cause trouble with their skating.
Hootman has a degree in sociology, criminal justice and a focus on youth, and she talks to the skaters if she sees them skating where they ought not to be. She is asking for the skaters to have a chance to participate on this June 21st skate day; this is something that goes on in all states, and some of the events are quite large.
Gorrell told her that she should give the Mayor a call to schedule a time to meet with him. As to permission to participate on the skate day, issues of safety and location and control would have to be discussed with the Mayor.
Ken Hammontree
Hammontree, a Center Street resident and owner of the Jenny Wade Bed and Breakfast, told of his experience with the problem skaters in Ashland. He hoped that something could be done with the skateboarding and the trespassing on personal property. He told of skaters on his garage roof; skaters tearing up his property (newly installed steps and grassed banks); skaters coming up onto the porch, being a nuisance; skaters in groups of ten and more; skaters and noise at all hours of the day and night, going up and down the streets; police calls. The skaters are just plain running the streets.
Hootman said the issue is that the skaters don’t have a place to go; she does have an issue with skateboarders being on private property like his; she doesn’t condone some of their actions; she hasn’t had a chance to gather them in one spot to talk; however, she is a substitute teacher, so they all know her.
Gorrell responded that Hootman needs to get together with the Mayor and Mr. Hammontree; there is destruction of property and other issues with skateboarders. There were discussions a couple of years ago on this situation, and there are lots of things to work out, such as funding, location, transportation, others. He told Hootman to find out what’s already been discussed and then see what can come of this.
(b) H and H Development area: Bruce VanScoy, Foxmoor Lane
VanScoy asked if the H and H Development area would be discussed tonight, and Gorrell responded that is not on the agenda tonight. That zoning was taken care of years ago. The issue tonight is about the rezoning request for the area owned by the hospital; the Planning Commission item for H and H is already properly zoned for what they want to do there; that will not be on Council’s agenda as it relates to legislation.
VanScoy asked if there is any way to stop condominiums from going in at the H and H area, and Gorrell told him not by Council. That area has been zoned for years for that use as well as others.
Item (i) was moved to first consideration of legislative items.
Ord. 44-05
Item (i) AN ORDINANCE REZONING A CERTAIN AREA OF THE CITY OF ASHLAND, OHIO, FROM “R-A” RESIDENTIAL TO “R-S” RESIDENTIAL.
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: Gorrell, Detrow, Wertz, Stewart
Comments:
Gorrell explained that this request went to the Planning Commission and was approved some time ago. A public hearing was set by Council per regulations established and was held as scheduled on May 17th. After the hearing, legislation was requested for presentation to Council on June 7th. Gorrell stated that there was some confusion as to the change from R-A to R-S as well as the location of the property and the already established zonings around the area of request, and as a result of that, the meeting of last Thursday the 26th was scheduled. Councilmen Valentine and Stewart were in attendance, as well as the Mayor Strine and the City Engineer, Jim Cooper.
That was an informal meeting; there was no requirement that it take place, but it was hoped some clarity would be gained before legislative action on the issue. Tonight there will be discussion from Councilman Stewart as well as Danny Boggs, CEO of Samaritan Hospital, after which audience questions will be taken.
A. Glen Stewart, At-large Councilman:
Stewart stated he wanted to correct a statement he made at the May 26th informal meeting. He had said there would be another public hearing on the Samaritan rezoning request before legislation would be considered tonight. The fact is that the prescribed public hearing took place during the Council meeting of May 17th. The concerns raised during that meeting caused Mayor Strine to direct City Engineer Jim Cooper to facilitate a neighborhood meeting to allow additional citizens to air concerns and/or issues on the rezoning issue. That was done May 26th.
Citizens will be allowed to raise concerns and ask questions tonight previous to this body considering the legislation; it just isn’t called a “public hearing”. It is the normal process that any citizen may exercise prior to action being taken on any legislation that comes before City Council. Stewart apologized for the error of calling this a public hearing.
All concerns and questions accepted though the minutes of this evening’s meeting will not reflect those as an actual “public hearing”.
Gorrell gave the opportunity for Danny Boggs of Samaritan Hospital to clarify the plans and intentions of the hospital.
B. Danny Boggs, CEO, Samaritan Hospital
1. Boggs explained what the project is:
The project envisioned by the hospital is one of a professional park.
The hospital purchased the two parcels from Woodview in 2000 and 2001, and careful restrictions were placed on the purchase in regards to what could be built on this property.
Plans for the property being considered for the zoning change tonight include: medical office buildings, hospital outpatient services and physician/hospital joint ventures to provide new services to this community.
All operations are expected to be 9:00 a.m. to 5:00 p.m. type operations.
This first facility is planned to house four medical practices that currently reside in Samaritan Hospital office facilities either at Hillcrest or Center Street; one optometry group located on East Main; and the Women’s Heath Center located off Claremont behind the McDonalds.
It will also provide a cardiac testing center and space for the cardiology group, and hopefully an endoscopy center.
There is space available for three or four more physicians new to the community.
The architect was asked to create a possible design for a campus, a concept that would illustrate what type of buildings were possible on this property based on the zoning available.
The architect was also asked to upgrade parking areas to at least 150% of what codes call for.
As the property to the south of them is developed, the hospital property is required by deed restrictions to collect their water; a detention pond is therefore required, whether or not the hospital builds at all.
2. Boggs explained what the project is not:
It will not be a replacement hospital or any 24/7 operation.
This option was discussed and reviewed by the hospital planning groups; it is too costly and less philanthropically funded. Unless someone comes forward and gives them about a hundred million dollars to replace the hospital, that is not going to happen.
The hospital just invested $6 million in the current campus to upgrade the surgical area; they have facility plans to invest another $20 million in the current campus over the next ten to fifteen years; they are not moving the hospital to Mifflin Avenue and US Rt. 42.
3. Boggs answered questions that were presented at the informal meeting last Thursday night:
Why here? The hospital did several studies in the late 1990’s to look at options for the future growth of the hospital since they are landlocked by Hillcrest Drive, Center Street, Eastern Avenue and the historical district. Determination was made to purchase property that would either accommodate an outpatient medical park, which is what they are planning, or a complete hospital replacement. The leaders at that time did look at the Harlow property, the old K-Mart, and the abandoned Foodtown grocery store. The K-mart and grocery store were both rejected due to cost, layout and inability to purchase those facilities, among other concerns. None were felt to provide space for a replacement facility. Discussion with the Harlow owners resulted in a gift that was made to the hospital, and renovation and ownership made it useful for office activity. The hospital plans to continue to use it for back-office operations, accounting, collections, data processing and other activities that are not patient-care related.
Employment projection for this project? This project will be 80 to 90% filled with existing practitioners or hospital personnel. Very little new employment will come from this; however, the project will provide the hospital with five office suites for recruitment. There will be one office suite at this site and four at the hospital. On average, each new physician they attract to the community will provide four new jobs besides the physician and a total payroll of about $400,000. It is their goal to recruit two new physicians to the community this year, and each year for several years, they will be trying to recruit two new physicians. The inventory of physicians in the community right now: there are a number of physicians who are over the age of 60 and in the next five years are likely to retire.
Congestion and traffic? Eight practitioners who will work in this facility and the services that are being proposed by the hospital are well established. In checking with each of these, the average weekly visit to this facility will be 1,133 patients. Each office will be open an average of eight hours a day, five days per week, making the average traffic count 28 patients per hour. If the hospital is successful in attracting four more physicians, the maximum for this facility, that would add an additional ten patients per hour at full capacity, or 38 patients per hour; that many are not traveling down CR 1095 at this point for services.
Lighting, buffering, etc.? They plan to use down lighting that would minimize the ability to see the clear sky and stars when that is possible here in Ohio; the deed restrictions call for mounding of at least four-foot-high along the entire southern and eastern borders with a double row of conifers at least five-feet-high every fifteen feet, with limbs starting at the ground; or a screening buffer of at least nine feet before they take occupancy of any building.
Squad runs? They would not expect any squad runs to this facility that would not be the same for the general public; for the same number of people that are in this facility, percentage-wise would be the same number of squad runs as in the existing neighborhood.
Road construction and possible entrance from US Rt. 42? It is required by their deed according to the property owner to the south, that they build this access road to meet City specifications to be dedicated, so obviously it will be built to City specifications. US Rt. 42 is a limited access highway, so egress from US Rt. 42 onto this property is nearly, if not completely, impossible.
Devaluation of the neighborhood? It is the hospital’s full intention to be good neighbors and to provide the community with a first class professional park. Samaritan Hospital has demonstrated over the years that when they do a project, they do it correctly. They believe this adds to the home values by improving the economy of Ashland.
Boggs expressed appreciation for the opportunity to address Council and the citizens tonight, and encouraged any of the neighbors who want to review the hospital’s plans and provide their input to feel welcome to come to his office to discuss the issue at any time.
C. Gorrell clarified some issues involved here:
Businesses (bank, pharmacy, gas station) could not be in this complex with the rezoning proposal on the table now; they could however go into B-3 zoning. Should the hospital not proceed with present proposal, the options could be for the hospital to let the property sit dormant, or they could sell it. If they sell it, a developer could put a less desirable business in that B-3 zoning. However, the issues of B-3 and R-A zoning must be kept separate here.
Traffic issue is that Mifflin Avenue is standard double lane road now. Should this pass, there would be the option of adjustment of the street by the City to alleviate traffic concerns.
As to facilities/patients, Gorrell would prefer to have patients come here rather than take their business to Mansfield.
This land is already owned and zoned. It should be considered that with current zoning, four-story buildings could be built here now. Hospital deed restrictions allow no more than two-story buildings here until 2009, and they have no vision of building higher than two-story ever, as Boggs has said.
Economic growth and development envision that this is a partnership and a win/win situation for the City.
Gorrell noted he felt many issues and concerns of the citizens have already been addressed; however, he opened the floor for public comments.
D. Questions/answers/discussions/concerns from residents:
Don Welch, Woodview Court
Traffic concerns: will be higher than estimated.
Intersection light, Mifflin/US Rt. 42: badly congested; difficult getting through.
Property devaluation: returned to Ashland for retirement; supported community and schools; this project will not support the valuation of his own personal residence.
Gorrell response: he questioned separately two real estate brokers, asking them if the project proceeds as outlined, how will it affect property values - up, down, stay the same? Their answers were: a. worst case scenario, no worse than now or equal to; b. most likely slightly improve with enhancement of this type of facility.
Ken Wright, Woodview court
With zoning change, all building shown can be built.
Traffic increase substantial; traffic study should be done.
Boggs response: construction to begin in September to October, if all permitting and design falls into place as hoped; hospital will fill up all other office suites available before building other office suites in this area; looking toward desirable space to recruit physicians to; will have four spaces available at the hospital and one here when this project is complete.
Butch White, Ridgewood Court
Concern not so much the hospital project but rather severely changing the atmosphere of the neighborhood.
Bob Brown?, Ridgewood Court
How many physicians to be recruited?
There is an office building at Wal-Mart plaza; why not there?
Boggs response: Two physicians this year. There is one medical office building available for recruitment in this community. The one at the Wal-Mart area was set up for an OBGYN practice, making it very difficult to recruit other specialties to that building; the other disadvantage is that it is a duplex, and ownership of that building is prohibited. At the moment there is very little space in this community to recruit doctors to, the two doctors Samaritan is looking for.
Mindy Long, Mifflin Avenue
Young family with children: have there been traffic studies done to see if Mifflin Avenue could even handle that much traffic? Now, there is one vehicle every eight seconds on average.
There is already congestion at the traffic light.
Exit/entrance off US Rt. 42 also?
Boggs response: Hospital has not conducted a traffic study; they will do so if the Planning Commission requires it. His experience in driving that road to work every day is that the traffic count isn’t that high.
Getting access off a limited access highway (US Rt. 42 bypass) practically requires an act of the state governor.
City Engineer Jim Cooper response: Cooper affirmed that the chance of putting an access off the bypass is very, very slim; the state would consider it a dangerous situation to put another access there.
Tom Strine, Deer Trail Lane
Traffic is unbearable now.
Should do a traffic study during a rush hour situation such as 5:00 p.m. with all the additional development; don’t realize how bad it is now.
The expected traffic from the other proposed development (H and H Homes) should also be considered in the hospital’s estimate of traffic.
Boggs response: only 1/8 of the traffic will be coming to the facilities at that hour; four more curb cuts on Mifflin Avenue (as discussed at Planning Commission concerning H and H Homes) would be far more dangerous.
Gary Kurtti, Woodview Court
His own example of fire department time to the Woodview development now is 15 minutes; emergency services are not getting to the people who need it, when they need it.
Cliff Hubler, Woodview Drive
Asked what R-L3 includes (H and H Homes) and what is more restrictive?
Gorrell response: R-L is most restrictive.
Susie Kurtti, Woodview Court
Asked why a fire department substation has not already been put near their area? There is tremendous growth there already; there is a concern for safety.
Stated there is a need for a traffic study; congestion is a problem already; need a fire substation near for safety.
City should take care of the people already there first; more traffic/people will exacerbate the situation.
Mayor Strine response: City has studied the possibility of substation for fire department; cost is prohibitive; building is minor cost, staffing it is significant cost.
Fire Chief Mark Burgess response: Substation would require twelve additional people; cost of $50,000 apiece for the first year.
Khush Pittenger, Deer Trail Lane
Concern for children who walk/bike to Taft Elementary School and other activities.
Should be designed to protect children.
Diane Murphy, Woodview Drive
Most medical offices have extended hours, 7:00 a.m. and such; could there be a covenant to prohibit them from opening until 9:00 a.m.?
Is there an assisted living facility included?
Boggs response: hospital has no intention at all of being in the assisted living facility business. Their focus is on running a hospital, not other kinds of businesses. He emphasized again that they have no interest in an assisted living facility. His vision for this is to bring other specialties here, such as a dialysis center. A few people coming in at early hours would enhance the issue, not detract.
Leslie Sowl, Woodview Drive
Pointed out minutes from 5/17 Council meeting at which Boggs listed “assisted living facility”; now saying not?
Assisted living facility would change traffic patterns; three shifts, extra traffic.
Boggs response: the hospital has no intention to be in the assisted living business, and he did not say that. The architect portrayed one (in the artists rendering) because one is allowed. He is willing to put a covenant in there that the hospital would not do that; if the community asked for one, they would do it.
The hospital wants to have all 24/7 service on the main campus, and outpatient services on this new campus.
Gorrell response: Focus and clarity this evening is what the hospital is saying.
Shane Ross, Creekview Court
Communication, or lack of, is what brought them here; communication from the past five minutes has been very valuable.
Visions of the proposal is all they have; the architects have developed this and it must be taken at face value; the minutes state that this is part of the vision.
Asked that Council consider the communication that has been made; have the opportunity to correct that before they make a ruling on this particular issue.
Gorrell response: Gorrell questioned what in particular needs corrected? It has been articulated and a comment made that there would be assisted living; he knows that if this is approved, assisted living could be put in there based on what the zoning calls for; maybe that’s the interpretation that went into the minutes.
The notion is that this is going to be doctors’ offices; it’s going to be testing centers; doctors coming in; it’s going to be two stories; it’s not going to be the things discussed this evening that will not go in there. How could it be said any clearer than that?
Could this possibly change down the road in ten years if Danny Boggs isn’t here? Of course it could; lots of things could change. This is what is proposed; the land was purchased by the hospital years ago for the very thing being talked about now for several weeks; purchased for those purposes in mind. Gorrell expressed surprise that they didn’t know that the hospital owned this land or that there might be some uses for it.
The objective is to have the hospital and the neighborhood be partners in a user-friendly environment; to have it done in such a way that it will not destroy the neighborhood and will provide additional services that this community needs or, equally important, needs to not lose to other communities.
Shane Ross
Ross pointed out that Gorrell’s surprise was generated by certain renderings and minutes, so if that is corrected, he thinks that Council will change or inform a lot of them here tonight. Ross said he had knowledge of this some time ago, and the vision that was talked about tonight is the one he heard at that time.
But there is not another rendering here tonight other than what has been talked about. So if those things are corrected and time given to have another viewing of those things, it would be helpful to the citizens here tonight. That is the recommendation he would like to make to Council tonight.
Unidentified woman
Another question: will Mifflin Avenue have to be widened?
Mayor Strine response: there are no plans now to do that, but yes, it could be.
Unidentified woman
Would Council be willing, with the hospital, to have a traffic study done, since there seems to be Council thought that the area is not congested, while the citizens seem to think that it is.
Is that something Council would consider doing prior to voting on the rezoning?
Would Council then consider holding another public hearing with the results? Would Council consider doing that for the citizens?
Gorrell response: Gorrell gave his own perspective from what he has heard this evening. Council went through this issue with another facility in the community, and the reality was that the concerns about the traffic patterns were not borne out, though he recognizes that wasn’t in this neighborhood. In talking about the kinds of traffic and facilities that he has heard this evening, he didn’t know if Mifflin Avenue would have the opportunity to be widened; he doesn’t know that would happen because that is not within his span of control.
The reality is, he is not sure that Council should not move forward to allow this to happen before a traffic study occurs, but it certainly would not be prohibitive from having a traffic study be done, and determine what kind of configuration should take place. That is his view; he doesn’t know if Council has other thoughts.
Don Welch
Believes that one Councilman lives in the neighborhood; there is a lot of concern here, not opposition but a lot of concern.
For Council to vote up or down on this tonight without further due consideration of the points expressed by residents, is not something that will set well.
He can’t see the rush to judgment where a vote couldn’t wait until August; he thinks Council is moving a little faster than what the people have expressed.
Cliff Hubler
The way Mifflin Avenue is growing out towards US Rt. 30, a traffic study now won’t do much good.
There will be more traffic on Mifflin Avenue every year from areas feeding into it and growth; it’s going to get a lot worse.
A traffic study now won’t do a darn bit of good.
Gary Gerwig, Vernon Avenue
Gerwig lives next to the hospital.
Hospital is deceptive in buying properties and the promises and uses thereof; not doing what they said they will; not taking care of the properties.
Hospital is not a good neighbor.
Example: The addition for the emergency room was sorely needed, but nobody knew about the helicopters landing there.
What they are planning now, using his 12-years experience with them as a neighbor, will change.
Offices for the doctors are needed, but he’d be wary of things not changing quickly.
Bonnie Graves, Woodview Drive
Ashland High School teacher.
Real concerns for safety of students.
Safety of crossing US Rt. 42; that intersection is a disaster waiting to happen.
Need for sidewalks.
Tricia Stevenson, West Liberty Street
Suggested that the hospital find garage area for existing pieces of paramedic equipment or ambulances to give medical response to that end of town more quickly.
Gorrell response: that’s an issue that could be looked into and considered separately.
Carolyn Yoss, Ridgewood Court
If the hospital is not interested in having an assisted living facility there, could they let somebody else do it?
Boggs response: it is the hospital intent at this point to hold onto this land and control this land; it is not in the current plans and not in the foreseeable future.
Ken Wright
All to go on tonight is the zoning change.
If the zoning change is permitted, all these things that are “not in your vision” could happen; your vision can change.
The hospital is trying to confuse residents over what the intent is and what the zoning permits.
The zoning permits stuff that we are against. We want it left alone.
Gorrell response: in what way do you see that happening here, because of what can be put in R-A; they might have the same concerns. What you are saying is that you want no change and you want green space. So what if the hospital chooses to sell it to somebody else?
Several voices said that is what they want.
Unidentified man
If one building happens, the others and supporting businesses will come.
This whole complex could happen.
Maybe it is not in Bogg’s vision, but it is in the vision.
Somebody drew that picture.
Ron Graves, Woodview Drive
A four year resident; addressed the safety issue on Mifflin Avenue.
Two hazards already on Mifflin Avenue: 1) very risky to turn left off Claremont onto Mifflin; speed is a risk; 2) at US Rt. 42, they like to walk, but it is one of the most dangerous intersections he has ever crossed in his life; he has seen numerous cars and trucks crash that light without even a hesitancy to slow down; most probably going beyond the 55 mph speed limit.
Mifflin Avenue is one of two connections to US Rt. 30, and it is heavily used.
A very serious look at the traffic patterns for Ashland in relationship to Mifflin Avenue needs to be looked at, no matter what is done.
Would rather be preventative instead of waiting until there are people going to the hospital; there are dangerous areas at Claremont Avenue, Us Rt. 42, and Mifflin Avenue.
Leslie Sowls
In the traffic pattern, has Council considered the delivery and supplies, the pharmaceutical representatives that will be coming to the buildings? What kinds of trucks?
Fred Rogers, Beeechwood Drive
Four year resident; Council asked a question about a resident moving there and did they know about the zoning on that green area.
When he moved there, he didn’t give any thought to what the zoning would be there or whether the hospital owned the property or were there any commercial ventures.
He made the assumption because all the area around is single family dwelling that the whole area should be zoned single family dwelling.
He proposed that City Council should look at changing both the R-A and the RL-3 to R-S.
Many in the audience agreed.
Mike Meyer, realtor
Problem is, Rogers’ property is already zoned RL-3, same as property across the street; even with deed restrictions.
As for R-A, if the hospital didn’t take this property, anybody could come around and put an investment in there, apartments, low-income housing; that is part of the zoning.
The basic question becomes, what neighbor do you really want over there? Sure, it could be kept R-A and be single family housing but it allows someone like Ashland University to come in and build.
Read the zoning to see what is allowed; there are other options.
Gorrell response: It already allows other uses such as schools, churches, libraries, public buildings, museums; all that can be done right now, currently; a school with all its traffic.
Jackie Lindecamp, Woodview Court
Addressed the fact that all of them bought property out there in order to be in the country.
Are three of the nicest subdivisions in all of Ashland.
Now, Council and the hospital are preparing to pretty much trash it.
She is not saying that the hospital won’t do something nice, but then, what’s going to come next?
They bought there and paid a lot of money for their lots; she doesn’t believe anybody who is telling her that her property value is not going to go down.
Paul Light (?), Woodview Drive
Asked what it would take to change that to R-S; what can citizens do to change that back to make it just single housing?
Gorrell response: He can’t answer that question. The agenda item tonight is whether the Council will move this from R-A to R-S, or will they look at other avenues before moving on that. That is the agenda item.
Butch White
Is this public hearing at all designed to help you make your decision, or is it already made?
What are you planning to do with what people think?
Because people are allowed to speak, does it help you? Yes or no?
Gorrell, Wertz response: This is not a public hearing.
Gorrell response: Yes, it helps. Council has heard a lot of input tonight, but he also thinks there is a balance between economic growth and development and trying to do what is good for the long-term health of this community. He lives in a neighborhood where 42 condominiums are coming in to his area; he’s prepared to deal with that. The reality is, it sounds like many of you are not going to be happy no matter how user friendly the facility is going to be.
He understands the concerns and frustrations that they are viewing; he’d like to think that, at the end of the day, there can be a partnership with those who want to grow and be vibrant in this community with health care and with the issues regarding the concerns expressed tonight. He cannot imagine there would not be discussion regarding traffic patterns, or if there needs to be adjustments looking at the kinds of things talked about tonight.
Does he think that what’s been said tonight should stop the action from taking place? Personally he doesn’t feel that way, and that’s where he is at. He thinks there can be a partnership with the community to make this work for all of us.
Diane Sabo, Deer Trail Lane
Concerned with traffic.
Is the only entrance going to be placed opposite Woodview?
Would there be a stoplight there at some point in time to direct traffic?
Would traffic there get so heavy that they would have a stoplight put right in front of their front door?
Those current residential areas have very limited access now; for safety, it should be looked at.
Gorrell response: Currently that is the entrance as it is projected. Woodview would be extended back, following necessary codes and requirements, and that would be the egress. Depending on the traffic pattern, a light could possibly be put there. If this project were to be 24/7, he’d be real concerned.
E. Wrap-up, Gorrell:
Have experienced this situation in this community on three or four other projects.
Has a sense that even with a traffic study, there would be some who wouldn’t want the project; nothing against the hospital.
Has a sense that even with a fire station there, there would still be the concern about the growth in that area.
There’s a relationship between economic growth and development and the health care services in the community.
The many empty buildings and the eastern corridor development are things the community is wrestling with, and those are whole separate issues.
There may never be a consensus between Danny Boggs and residents as to what may happen when somebody else is at the helm.
The vision and what’s been stated here tonight: he is willing to take the hospital at their word that it’s not going to be four stories, it’s not going to be assisted living, and let’s have that on the record to be corrected: it’s not assisted living. It is facilities that are going to enhance the health care in this community in a user friendly manner and done with integrity and safely. He’d hope that when the streets are put in, traffic lights may be added, streets may have to be widened; that those things would be done with the safety and integrity and egress in mind.
There will be no perfect solution whether it’s here or someplace else in the community.
Other elements of this community have been impacted by growth for many of the same reasons presented tonight, and there was a great deal of fear and trepidation early on. Most of those projects have proved to have most of those fears put to rest, because those doing the growth and expansion have done it in a user friendly manner.
The green space question can’t be answered; it has no answer.
He has read their letters and personal notes added, and he has not taken them lightly.
He has heard what they have said this evening; he believes there can be a partnership.
F. Additional Council comments:
1. Ruth Detrow
She thinks Council has heard from a lot of people venting frustration about a great many things, especially traffic and a lot of other “what ifs”.
Her job is to look at this; at what could happen if this is not passed; and to weigh it against the benefits if it is passed.
By benefits, she means for the whole community.
She intends to vote in favor of this issue, and she intends to do it because she thinks it will be more good than bad for the whole community, and even for these neighborhoods.
That doesn’t mean she intends to ignore the fact that residents have told us loud and clear that a traffic study is needed, that fire department response time needs to be reduced.
She has heard what they have said; she’s weighed it very carefully; and that is what she intends to do.
2. Glen Stewart
Glen noted that he is a neighbor; he lives there.
He has weighed this from his own perspective and has tried to weigh it from the perspective offered here tonight, and on the evenings of the 17th and the 26th.
He is weighing his decision very heavily and basing it on the zoning as it stands today. If residents truly familiarize themselves with the zoning as it stands today, the traffic will be there; the “what-ifs” will be there; the property values he won’t comment on as he has his own opinion; the child safety will be there; the response time will be there; and there will potentially be a whole lot more people in that area; and Council will not have to act on a zoning change.
He asked if they are aware that, under the current zoning, R-A, “an efficiency apartment shall have not less than 300 square feet of living area per family”; as an example, this meeting room could be the equivalent of approximately four efficiency apartments. Does he want that in his neighborhood? No, absolutely not. Is it going to be there? He can’t tell that. But he can tell that the zoning says it could be there. That’s the worst-case scenario.
“A single family apartment shall have not less than 800 square feet at ground level, if it’s less than two stories in height”; 800 square feet isn’t a big home, and a lot of them could be put in a small area.
He personally doesn’t like the traffic; but being retired, he has the luxury of going out at a more convenient time.
The “what ifs”? He thinks they can work with the hospital, and he is willing to work with them and whatever others that the City might want to work to get more firm commitments.
He can’t tell that the hospital will change its mind; but he hears Mr. Boggs say he doesn’t want an assisted living facility, loud and clear. It’s not in their view. Maybe. That could generate more discussion as to its possibility, and he’s willing to ask that.
He is going to take the hospital at their word; they are an honorable business in the community and have been so; they have shown a great deal of respect, from his viewpoint, for community or neighborhood improvements; the Harlow building, a disaster, but now it is a huge change, and he compliments the hospital for that kind of action, and he personally believes they will keep it up.
It is not the hospital’s responsibility, in his view, for the fire department fire and emergency response time; that rests with the City.
The child safety is shared by all; there are sidewalks on Mifflin Avenue from the City limits all the way to Claremont Avenue; crossings have to be made at US Rt. 42 and also later at the church; but there are sidewalks the full length of that area, and they are set back from the pavement by several feet; can a car go up there and hit someone? Absolutely. It could happen anywhere in town. Do vehicles travel faster than they should? Sure they do, and not only on Mifflin Avenue but all over town.
Property values? He will neither elicit comments nor comment on this himself, as he is not an expert in this area.
His point at this time is that he would rather take a risk with his property values, with the congestion and with the way the area looks by moving toward the conceptual drawing; but he is confident they will not deter from that in a detrimental way.
From his viewpoint, he is going to support this zoning change.
In putting this to a vote, Gorrell stated that one of the commitments he will make is that if this passes Council, there will be the appropriate traffic analysis done, there will be appropriate lighting studies done, and the issues regarding safety will be reviewed as a part of this process. Glen Stewart has committed to that as well.
*Clarification of the May 17th Council minutes as to what Danny Boggs did or did not say referring to assisted living was made by Council Clerk as to her responsibility toward the inclusion of such.
One more comment was made as to the correction and better safety of the US Rt. 42 and Mifflin Avenue intersection by staggering the stopping limits when there are two lanes side by side. Gorrell responded that the intersection is being reviewed.
Moved by Stewart and seconded by Detrow that the Ordinance be passed on the first reading.
Ayes: Gorrell, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Gorrell 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: Gorrell, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Wertz that the Ordinance be passed.
Ayes: Gorrell, Detrow, Wertz, Stewart
Motion carried.
Ord. 45-05
Item (a) AN ORDINANCE AMENDING ORDINANCE NO. 78-04 DESIGNATING THE DEPOSITORIES FOR THE ACTIVE, INACTIVE AND INTERIM FUNDS OF THE CITY OF ASHLAND, OHIO; AND DECLARING THIS TO BE 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: Gorrell, Detrow, Wertz, Stewart
Comments:
Finance Director Nancy Boyd explained that each two years the City enters into depository agreements with various banking facilities. That was done in February, but since that time, Bank One and Charter One in Cleveland have contacted her with an effort to offer the City good rates. They want to get into the market, and the City then has an opportunity to earn better interest. This legislation will permit her to put funds in these banks.
Moved by Wertz and seconded by Gorrell that the Ordinance be passed on the first reading.
Ayes: Gorrell, Detrow, Wertz, Stewart
Moved by Gorrell 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: Gorrell, Detrow, Wertz, Stewart
Moved by Stewart and seconded by Gorrell that the Ordinance be passed.
Ayes: Gorrell, Detrow, Wertz, Stewart
Motion carried.
Ord. 46-05
Item (b) AN ORDINANCE TO PROVIDE FOR THE DISPOSITION OF SURPLUS MUNICIPAL PROPERTY; 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: Gorrell, Detrow, Wertz, Stewart
Comments:
Boyd told Council this is following an example that the state auditor’s office is recommending. Since the City has two IT persons on staff and an active, constantly updated City web site, the finance office will attempt to sell some items over the Internet. A digital picture can be put on, and the bidding process is not quite as sophisticated as ebay, but it is something of that order that Dave Rakestraw has set up. She is hoping to keep items moving and selling them more frequently.
Moved by Gorrell and seconded by Detrow that the Ordinance be passed on the first reading.
Ayes: Gorrell, Detrow, Wertz, Stewart
Moved by Gorrell and seconded by Wertz 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: Gorrell, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Detrow that the Ordinance be passed.
Ayes: Gorrell, Detrow, Wertz, Stewart
Motion carried.
Ord. 47-05
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO OFFER FOR SALE BY PUBLIC AUCTION CERTAIN PROPERTY OF 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: Gorrell, Detrow, Wertz, Stewart
Moved by Gorrell and seconded by Wertz that the Ordinance be passed on the first reading.
Ayes: Gorrell, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Gorrell 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: Gorrell, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Stewart that the Ordinance be passed.
Ayes: Gorrell, Detrow, Wertz, Stewart
Motion carried.
Ord. No. 48-05
Item (d) AN ORDINANCE TO AMEND ORDINANCE NO. 88-04, AN ORDINANCE ESTABLISHING NEW LIMITS FOR WAGES AND DETERMINING OTHER PROVISIONS RELATIVE TO POSITIONS OF EMPLOYMENT OF SUPERVISORY PERSONNEL FOR AREAS NOT INCLUDED IN ANOTHER WAGE OR SALARY ORDINANCE 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: Gorrell, Detrow, Wertz, Stewart
Comments:
Boyd explained that this is to change the supervisory ordinance to create a position within the Parks Department based on the retirement of a couple of people. One person has stepped up to take on both those duties, and so the Parks Department is realigning.
Gorrell clarified that this is a savings to the City due to one person retiring and another assuming those additional responsibilities.
Moved by Wertz and seconded by Gorrell that the Ordinance be passed on the first reading.
Ayes: Gorrell, 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: Gorrell, Detrow, Wertz, Stewart
Moved by Gorrell and seconded by Stewart that the Ordinance be passed.
Ayes: Gorrell, Detrow, Wertz, Stewart
Motion carried.
Ord. 49-05
Item (e) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC SERVICE, TO ADVERTISE FOR BIDS AND TO ENTER INTO A CONTRACT FOR THE CONSTRUCTION OF THE ASHLAND BUSINESS PARK RETENTION POND PROJECT IN 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: Gorrell, Detrow, Wertz, Stewart
Comments:
City Engineer Jim Cooper explained that they are asking Council’s approval for the Ashland Business Park retention pond, the construction of which will allow development of commercial buildings there. This pond will handle all the storm water coming from the 165 acres of the Riley property, which is required by the EPA.
Gorrell added that the funds of $70,000 in the account as described in the ordinance are in the Engineering budget for the year; Cooper affirmed that they are appropriated.
Wertz asked if this is being done in-house, and Cooper responded that the design is being done out, then the job will be contracted out.
Stewart asked if this includes the design and did Council pass legislation on it, and Cooper said it does not include the design. But that money has been appropriated.
Gorrell noted that this figure is funds for the engineering estimate to put that together, and he asked about the timing of this work. Cooper responded that they’d like to have this under construction by late July or early August, and fully functional by the end of September to handle storm water for the buildings to be in there.
Moved by Stewart and seconded by Detrow that the Ordinance be passed on the first reading.
Ayes: Gorrell, 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: Gorrell, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Wertz that the Ordinance be passed.
Ayes: Gorrell, Detrow, Wertz, Stewart
Motion carried.
Ord. 50-05
Item (f) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO PURCHASE CERTAIN REAL PROPERTY LOCATED IN THE CITY OF ASHLAND, OHIO; AUTHORIZING THE ENTERING OF A LOAN AGREEMENT FOR THE PURCHASE THEREOF; 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: Gorrell, Detrow, Wertz, Stewart
Comments:
Mayor Strine explained that this is a follow up to the CIC offering a loan to the City to purchase the Weber property on US Rt. 250 North. With the property purchased, the City can move ahead with the retention pond to allow natural flow rather than having to install a lift station. By owning this property, it will also allow the City to have more properties available to sell.
Moved by Stewart and seconded by Detrow that the Ordinance be passed on the first reading.
Ayes: Gorrell, 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: Gorrell, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Gorrell that the Ordinance be passed.
Ayes: Gorrell, Detrow, Wertz, Stewart
Motion carried.
Ord. 51-05
Item (g) AN ORDINANCE ENACTING CHAPTER 1191 OF THE CODIFIED ORDINANCES OF THE CITY OF ASHLAND, OHIO, ESTABLISHING AN HISTORIC PRESERVATION BOARD WITHIN 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: Gorrell, Detrow, Wertz, Stewart
Comments:
Gorrell asked if there were any comments or questions on this ordinance, as the process will move forward if it is passed this evening.
Trisha Stevenson asked about the process once it is enacted. First of all, why is it called an emergency, and second, this ordinance creates the Board but that it doesn’t actually come into effect until such time as the state does something, then the board is actually appointed. What is the timeline for that, what is the process for that, how long will this take, does Council have anyone in mind for these positions?
Gorrell stated that in the legislation tonight, the language of “emergency” is somewhat of an archaic usage, in that this is a process by which Council eliminates the need for reading the legislation three separate meetings, three separate nights. Also, if the legislation gets passed tonight, the Mayor actually appoints to the board. There is language in the ordinance itself that identifies the kind of people to be considered and appointed to this position. Timing of all this can’t be specified.
But importantly, if it passes this evening, this process can move forward. If it will be part of the national historic district, that can’t go and get the right designation until Council passes action. That then has to go with the filing of the application to get the designation; simultaneously the Mayor can be involved in appointing the committee; and ultimately there is language that says if there is something that goes awry down the road with the five member commission, then Council ultimately has the opportunity and the final authority. The hope is, however, that this five member Commission will do what it is designed to do.
Tonight just gets the wheels turning.
Stevenson indicated more concern over the future when this is enacted and in force and the board exists and everyone has to go through the processes laid out in the document to get things done; her concern is that the document remain fluid so that if there are bugs in it, should they discover that even though she’s been assured that no one will use some of the powers that are in there, she suspects that if they are given to them, they could be used. She was curious and wants to say for the record, that this document is considered fluid and could be changed. The City Council has the ultimate authority should a homeowner refuse to compromise with the board.
Gorrell responded that is why this commission is being appointed; and Council trusts that everyone’s going to do the right things there, but like everything else, if there is an exception to the rule, there is an appeal process. This should be given the opportunity to work the way in which it was designed initially, and then if there is an issue, there is a provision to provide appeal.
Moved by Wertz and seconded by Stewart that the Ordinance be passed on the first reading.
Ayes: Gorrell, Wertz, Stewart Abstain: Detrow
Moved by Gorrell 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: Gorrell, Detrow, Wertz, Stewart
* Moved by Gorrell and seconded by Stewart that the Ordinance be passed.
Ayes: Gorrell, Wertz, Stewart Abstain: Detrow
Motion carried.
*Note: This ordinance was adopted and passed by a majority of Council members, but it was not adopted as an emergency measure and will not be effective immediately.
Ord. 52-05
Item (h) AN ORDINANCE ESTABLISHING THE APPROPRIATE ZONING DISTRICT OF A CERTAIN AREA OF THE CITY OF ASHLAND, OHIO.
Moved by Wertz and seconded by Gorrell 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: Gorrell, Detrow, Wertz, Stewart
Moved by Gorrell and seconded by Detrow that the Ordinance be passed on the first reading.
Ayes: Gorrell, 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: Gorrell, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Gorrell that the Ordinance be passed.
Ayes: Gorrell, Detrow, Wertz, Stewart
Motion carried.
Ward 3: Ruth Detrow
(a) High grass:
Detrow reported some calls about high grass. She said she would deal with that.
Ward 4: Paul Wertz
(a) Farm animals, Cleveland Avenue:
Wertz reported calls about a small lot on Cleveland Avenue where someone has goats, sheep, ducks, roosters and chickens. The complaint is about the roosters crowing and waking people up at 5:00 a.m., people who work second shift.
Wolfe told him there is nothing to prohibit someone from having these animals; it’s how they are kept and whether they create a nuisance, an odor or unsanitary conditions. They have prosecuted someone before about this situation. Wertz said he’d give Wolfe the information.
At-large: Glen Stewart
(a) Asphalt patching/high grass:
Stewart reported some issues about patching asphalt holes and about high grass, but he noted he’d see to those.
OLD BUSINESS: None
(a) Request for sidewalk waiver:
Lot Numbers 1854A and 1855; 1491 Troy Road: Petitioner, Calvin Keefer
Mr. Keefer gave pictures of the site to Gorrell who discussed them with Council: where the sidewalk would go, there is a culvert and a storm sewer drain; there are no other sidewalks in the area. Jim Cooper indicated that Engineering would not oppose a waiver. The City sidewalk program will reach this area in its final year.
Moved by Wertz and seconded by Gorrell to grant a temporary extension of waiver. Sidewalks must be installed when others in the area are installed, or when the City sidewalk program reaches that area of the City. Conditions of storm sewer/culvert will be reconsidered at that time.
Ayes: Gorrell, Detrow, Wertz, Stewart
(b) Budget 2006:
Boyd told Council that the tax budget books for 2006 are available for Council’s review; there will be a public hearing at the next regular session of Council on June 21st. An ordinance will be on the Council regular session of July 5th for consideration. She is required to file this with the county auditor. There is a copy in her office for the public to review.
(c) Council attendance:
Gorrell noted that Valentine would be back from vacation for the next meeting; however, Stewart would be away then.
(a) Ward Walks:
Mayor Strine commented that June 14th will be the Fourth Ward “Ward Walk”; Third Ward, July 12th; Second Ward, August 9th; First Ward September 13th. Ellie Grubb explained the meeting area and progress of the walk, as well as the meeting afterwards to be held at the Pumphouse from 7:00 p.m. to 8:30 p.m.
(b) Work sessions:
2. On July 26th there will be a work session for the discussion of the sale of water to the Rural Lorain Water Authority. The Mayor told Council he had a map and a contract for them to review before that meeting.
7:10 p.m.
Community Development Block Grant Program (CDBG), Fiscal Year 2005, Hearing #1
Moved by Detrow and seconded by Wertz to move to public hearing.
Ayes: Gorrell, Detrow, Wertz, Stewart
Gorrell introduced the public hearing scheduled for tonight and asked Director of Accounting Anna Tomasek to proceed.
Tomasek gave a brief description of the Community Development Block Grant Program, both the Formula portion and the Community Distress portion:
20-year funding program to help small cities meet community development needs.
Eligibility based on meeting one of the three national objectives of the program: benefiting low-and-moderate-income persons (LMI); preventing or eliminating slums or blight; meeting community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available to meet such needs.
One exception: Program Administration and Planning are exempt from meeting the national objectives.
A. Formula Grant, Fiscal Year 2005, $98,000:
To benefit areas that have 51% or more LMI persons.
Eligible projects determined through the Community Assessment and Strategy (CAS).
FY 2004 application projects, Formula portion:
Fair Housing, $1,500.
Public Service (15% of allocation); Ashland Public Transit, $15,600.
Council on Aging; roof repair $15,000.
Race Street Improvement Project, $72,900.
FY 2005 Formula portion projects chosen will be announced at the next CDBG public hearing on June 21st during the regular Council meeting.
B. Community Distress portion, $300,000:
New program projects rated on criteria of distress, leverage, program impact and citizen participation points
Must be areas of 61% LMI persons; determination of eligible activities assisted by CAS.
Eligible activities include: acquisition of real property; parking facilities; park and recreation facilities; public improvements; street improvements; public utilities; flood and drainage activities; historic preservation; general administration.
For 2005 application, “Area 5” chosen; 68% LMI – population 1,106; survey of property owners resulted in return of over 250 surveys; survey included input as to possible projects.
Three public hearings held pertaining to projects and additional comments: April 11, April 22, May 6.
Proposed projects for the Community Distress portion will be announced at the next CDBG public hearing, June 21st.
Tomasek opened the floor for public input. There was none.
Moved by Stewart and seconded by Detrow to close the public hearing.
Ayes: Gorrell, Detrow, Wertz, Stewart
ADJOURNMENT
Moved by Gorrell and seconded by Stewart to adjourn the meeting.
Ayes: Gorrell, Detrow, Wertz, Stewart
Council adjourned the regular session at 9.20 p.m.
Submitted by
Elaine C. Bucklew
Clerk of Council