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Council of the Village of Yellow SpringsMINUTES IN COUNCIL CHAMBERS April 5, 2004 CALL TO ORDER President Tony Arnett called the meeting to order at 7:02 p.m. ROLL CALLTony Arnett, Denise Swinger, Mary Alexander, Jocelyn Hardman and George Pitstick were present for tonight’s meeting. Village Manager Rob Hillard was also present. ANNOUNCEMENTSHillard Earth Day/Village Clean-Up will be held April 24th at the Bryan Center. Hillard also announced that hydrants would be flushed this coming week. This causes some households to experience brown water. This process is performed approximately every six months. REVIEW OF THE MINUTES.Review of the minutes from March 15, 2004 regular meeting. Swinger MOVED that the minutes be accepted as submitted. Alexander SECONDED the MOTION. The MOTION PASSED UNANIMOUSLY. REVIEW OF AGENDA Arnett suggested the three emergency ordinances 2004-14, 15 and 17 be moved to the beginning of Public Hearings/Legislation. Council agreed. Alexander-Y.S. Men’s Group re: James A. McKee Way (New Business) PETITIONS/COMMUNICATIONS The Clerk will receive and file: AMP-Ohio Newsletters
PUBLIC HEARINGS/LEGISLATIONArnett explained the Village had received notice that the Ku Klux Klan (KKK) has intentions to have a literature drive in downtown Yellow Springs on April 17th. It is not a rally, march or demonstration. Therefore the Village’s Codified Ordinance was reviewed to identify any inadequacies respective to securing the rights of individuals to have freedom of expression and to secure the public safety in the conduct of that constitutional right. The following three ordinances are adding new and amended language to the Ordinances in order to add more clarity to present language. 1st Reading and public hearing of emergency ordinance #2004-14 AN ORDINANCE OF THE VILLAGE OF YELLOW SPRINGS AMENDING SECTION 660.08 BURNING--OF CHAPTER 660--SAFETY, SANITATION AND HEALTH--OF THE Ordinances OF THE VILLAGE OF YELLOW SPRINGS, TO PROVIDE REGULATION OF THE OPEN BURNING OF COMBUSTIBLES WITHIN THE VILLAGE OF YELLOW SPRINGS, AND DECLARING AN EMERGENCY. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. Arnett explained that this is new language for 660.08. This language strengthens the code and prohibits open burning on public property in the interest of public safety. Bonfires are still allowed on private property with the proper permit. Arnett opened the public hearing. Audience member Peggy Erskine asked if this would prohibit bonfires during Halloween because some of the neighbor bonfires are on public as well as private property. Arnett explained that Council has six months to find a solution to those limited cases where bonfires have been on public property. Joan Chappelle asked if that included campfires at Ellis Pond. Hillard explained that he was not aware of open burning at Ellis Pond but that it is prohibited. Arnett closed the public hearing. The roll was called. The MOTION PASSED UNANIMOUSLY. 1st Reading and public hearing of emergency ordinance #2004-15 AN ORDINANCE OF THE VILLAGE OF YELLOW SPRINGS AMENDING TITLE FOUR OF THE VILLAGE OF YELLOW SPRINGS Ordinances TO INCLUDE REGULATIONS REGARDING PARADES AND PUBLIC ASSEMBLAGES, AND DECLARING AN EMERGENCY. Alexander MOVED and Pitstick SECONDED a MOTION for APPROVAL. Arnett explained that the Village has had an informal process for parades and public assemblages. This ordinance establishes a procedure for approval of such requests. Swinger addressed a concern about a fifty-dollar fee being charged to groups like the elementary school children who walk around the downtown area in Halloween costumes. Village Solicitor John Chambers explained that the Village could do away with the fee all together. He added that the fee could be waived under certain circumstances, but it would be easier to eliminate it. Arnett suggested striking Section B of 418.04. Swinger MOVED and Hardman SECONDED a MOTION to strike Section B of 418.04. This would then change Section C to B and so on. The MOTION PASSED UNANIMOUSLY on the amendment. Arnett then opened the public hearing. Bob Mihalek of the Y.S. News asked how would this effect the distribution of literature. Arnett explained that if the activity involves standing around downtown and handing out literature, this could influence how people would assemble and it could restrict any spontaneous marches that might suddenly evolve. Jonas Bender asked if there had been a permit issued. Arnett added that the Village has not received an application for a parade, march or demonstration for April 17th. He further added that anyone could stand downtown and pass out literature. Arnett closed the public hearing. The roll was called. The MOTION PASSED UNANIMOSULY. 1st Reading and public hearing of emergency ordinance #2004-17 AN ORDINANCE AMENDING SECTION 660.10 SIDEWALK OBSTRUCTIONS; DAMAGE OR INJURY-OF CHAPTER 660 SAFETY, SANITATION AND HEALTH OF TITLE SIX-GENERAL OFFENSES OF THE Ordinances OF THE VILLAGE OF YELLOW SPRINGS, OHIO AND DECLARING AN EMERGENCY. Pitstick MOVED and Alexander SECONDED a MOTION for APPROVAL. Pitstick referring to 660.10(f) where it states police officer of the Village recommended the language to be amended to authorized law enforcement because the Village from time to time has used law enforcement from other jurisdictions. Chambers suggested the amended language should state an authorized law enforcement officer. This was accepted as a friendly amendment. Pitstick also expressed a concern regarding the actual size a sign, stating that a larger sign could be used in a way that would intimidate another person. Arnett opened the public hearing. Audience members expressed concerns about the language used regarding the size of a sign. The ordinance states No person shall carry a sign, placard or banner on a public sidewalk in excess of twelve (12) square feet per face.The sign would not have to be a square, but could be tall and narrow or wide and narrow. Audience members and Council member Swinger expressed concerns about the marching/walking in single file on the sidewalks. Chambers stated that this is a difficult situation but there is not always an answer in an ordinance for every single thing. Alexander asked if there could be a limit on the number of people who could walk in a single file line. Chambers explained there could be a limit but it would have to be safety related. Glen Watts suggested that a limit be placed on the width of the sign. Chambers agreed that it could be three feet or four feet. Pitstick MOVED the amendment to 660.10(g) state: No person shall carry a sign, placard or banner on a public sidewalk in excess of twelve (12) square feet per face and not to exceed four feet (4’) in width, etc.Swinger SECONDED the MOTION for the amendment. The MOTION PASSED UNANIMOUSLY. The roll was called on the ordinance. THE MOTION PASSED UNANIMOUSLY. Jonas Bender asked where does all of this lead us? Arnett explained that the KKK is planning to do a literature drop/leafleting in downtown Yellow Springs. The event will be Saturday, April 17th from 1 p.m. to 3 p.m. They have not requested permission to do a parade or rally. Bender asked would literature for membership to the KKK be permitted. Chambers explained that they would be allowed to do so. Arnett added that there is not legislation to prevent such activity. He further added that they would not be allowed to congregate on the sidewalks, hold a spontaneous rally or a parade or demonstration. Hardman asked would they be allowed to distribute their literature dressed in their traditional costumes? Arnett explained that there was extensive investigation regarding this question and unfortunately the courts have given inconsistent guidance on this issue. Alexander asked about the litter cause by the leafleting and what about store- owners who do not want them distributing literature in front of their store. Chambers stated that there is legislation in place that addresses litter. Regarding restricting where they stand, Arnett explained the sidewalk is not private property and a storeowner could not make someone move away nor could they call the police to have the person remove. Arnett suggested that villagers should ignore them and not give them an audience. This would demonstrate that they have the right to come to the Village to pass out their literature, but no one would be there to receive it. Arnett added that the Village Solicitor, Village Manager and the Police Chief have been working diligently to address this issue, so no legislation prohibiting costumes would be considered at this time. Arnett then opened the floor for comments from the audience. Audience members offered alternative activities for villagers to pursue during the KKK demonstration. Arnett stressed the importance of public safety and its priority especially during this time. Bob Mihalek asked if the KKK changed the date and/or the time what would happen? Arnett explained that they still would be allowed to leaflet. Arnett assured the audience that the Village is doing everything it can to ensure the public safety. Arnett thanked all who attended tonight’s meeting and contributing to the discussion. 2nd Reading and public hearing of ordinance #2004-09 Amendments to the Parking Code. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. Hardman asked for clarification regarding the Monday through Friday/Monday through Saturday timeframe within the Corry Street Municipal Parking Lot. Council agreed that standardizing the timeframe for the all the municipal parking lots would be more consistent. Arnett announced that the Village was awarded federal funds to pay for the Northern Gateway project. This project would upgrade the parking lot on Cemetery St. and connect it to the bike path. There would be a bike spur running in front of the Bryan Center to the parking lot. Alexander suggested that Corry Street Municipal Parking Lot. have a parking limit of four hours rather than the two hours as stated in the ordinance. Swinger MOVED and Alexander SECONDED a MOTION for an amendment to change the parking limit to four hours (l) within the Corry St. parking lot and amend the days of limited parking at Bryan Center from the original Monday through Friday to Monday through Saturday (k). The MOTION on the amendment PASSED UNANIMOUSLY. Arnett opened the public hearing. Pam Adams, co-owner of the Village Herb Shoppe and secretary of the Y.S. Chamber of Commerce read a statement that the Chamber of Commerce would be surveying visitors, residents and business owners on the parking question. The 21 businesses that she has surveyed indicated that short time limits of 2 hours or less would cause more problems. She requested that any action on this ordinance be postponed until the survey was complete. Tom Gray, of Tom’s Market felt that shortening the parking limits would cause more problems for his lot. He added that his employees do not park in his lot. Bob Baldwin owner of several parking areas suggested that the front of the Bryan Center be paved to provide more parking spaces. Arnett closed the public hearing. The roll was called. The MOTION PASSED UNANIMOUSLY. 2nd Reading and public hearing of ordinance #2004-11 Amending Municipal Income Tax. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL. Arnett explained that this was to bring the Village’s codified ordinance into compliance with the State. The 1.5% income tax rate does not change. Arnett opened/closed the public hearing. The roll was called. The MOTION PASSED UNANIMOUSLY. 2nd Reading and public hearing of ordinance #2004-12 Amending Zoning Codes 1240.08 Amendments; 1266.07 Nonconforming Structures; and 1278.03 Exceptions to Area, Yard and Height Requirements. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. The amendments allow owners of nonconforming structures to add on to their houses and eliminate the two-thirds signature requirement for property owners who want to amend the boundary in their district. Arnett opened/closed the public hearing. The roll was called. The MOTION PASSED UNANIMOUSLY. 2nd Reading and public hearing of ordinance #2004-13 Amending Section 206.02 Sale of Surplus Property. Pitstick MOVED and Alexander SECONDED a MOTION for APPROVAL. Arnett explained that the ordinance would allow the Village to sell the surplus property to the current tenant without going through the usual bidding process. Arnett opened/closed the public hearing. The roll was called. The MOTION PASSED UNANIMOUSLY. Resolution #2004-21 ESTABLISHING A LIMITED MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ZONING PERMITS, BUILDING PERMITS AND OTHER CONSTRUCTION RELATED APPROVALS FOR SEXUALLY ORIENTED BUSINESSES, AND DECLARING AN EMERGENCY. Pitstick MOVED and Alexander SECONDED a MOTION for APPROVAL. Arnett explained that Planning Commission would be drafting legislation regarding this issue and that this ordinance temporarily places a moratorium on these types of permits until the legislation process has been completed. The roll was called. The MOTION PASSED UNANIMOUSLY. CITIZENS CONCERNS There were no comments from the audience. SPECIAL REPORTS Annual Report-Human Relations Commission. Joan Chappelle a member of the Human Relations Commission reviewed the report. (A copy of the report is available from the Clerk). Chappelle did express concern regarding the turnover of their membership. In 2003 the membership did begin to stabilize. Despite the inconsistency of the membership the Commission was able to complete many of its 2003 goals. The Commission would like a racially and culturally diverse membership and asked that Council consider this when making appointments. Council thanked Chappelle for the report. OLD BUSINESS Volunteer Listing Update. Alexander suggested sending a personalized letter to the individuals with the Village seal signed by Council President. Arnett would work with the Clerk on this project. The Mayor would provide a proclamation honoring the volunteers at the next Council meeting. NEW BUSINESS Y.S. Men’s Group re: James A. McKee Way. Bill Alexander had sent a letter to Council on behalf of the Y.S. Men’s Group requesting “James A. McKee Way” be an additional name to Limestone St. This is not a name change for Limestone St. The street would have Limestone St. on one sign and James A. McKee Way on a secondary sign. Hillard was directed to find out the possibility of the name re-designation Pitstick added that in addition to the secondary name he hopes that a future newly developed significant street would be named for McKee. Alexander noted McKee was the first black man to be named to the post of Chief of Police in a major municipality in the U.S. MANAGER’S REPORT Hillard reported that a draft copy of the cable franchise contract between the Village and Time Warner was included in the Council packets. This contract was developed with the assistance of Jim Baldwin, Lebanon Communications Director and attorney in negotiations. Council would review this contract at their next meeting. Hillard also reported that the solid waste bid proposal would be released on Friday, April 2, 2004. The Village Solicitor and the Solid Waste Committee prepared the bid proposal. Hillard briefly reviewed the budget request updates, which included vehicles and lab equipment for the Waste Water Treatment Plant. He also reviewed the notice posted regarding the prohibition of concealed weapons in any Village facility. Staff members Randall Newsome and Larry Campbell drafted the Wellhead Protection Emergency Response Plan. AGENDA PLANNINGThe next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, April 19, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street. Items for discussion at the April 19, 2004 meeting are: Presentation-Department of Development/Housing
FUTURE AGENDA ITEMSResolution Awarding Bid-Baseball Diamond (May) EXECUTIVE SESSION ADJOURNMENTPitstick MOVED and Alexander SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 10:35 p.m. A full and complete set of these minutes is available for review electronically by audio or videotape. These tapes are kept permanently and can be requested by referencing the date of the Council meeting.
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