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Council of the Village of Yellow SpringsMinutes IN COUNCIL CHAMBERS March 15, 2004CALL TO ORDER President Tony Arnett called the meeting to order at 7:00 p.m. ROLL CALLTony Arnett, Denise Swinger, Mary Alexander and Jocelyn Hardman were present for tonight’s meeting as was the Village Manager Rob Hillard. George Pitstick was absent from the meeting. ANNOUNCEMENTS 3/22- 7:00 p.m. Joint Meeting with Planning Commission, Rooms A & B 3/29- 7:00 p.m. Joint Meeting with Miami Township Trustees, 225 Corry St. REVIEW OF THE MINUTESReview of the minutes from March 1, 2004 regular meeting. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL as amended. The MOTION PASSED UNANIMOUSLY. REVIEW OF AGENDAPETITIONS/COMMUNICATIONSThe Clerk will receive and file: AMP OH Newsletter(s) PUBLIC HEARINGS/LEGISLATION2nd Reading & public hearing of ordinance #2004-10 Sanitary Sewer Inter-Fund Loan. Alexander MOVED and Swinger SECONDED a MOTION for APPROVAL. Arnett explained that the Village’s Bond Redemption Fund had been credited with $27,853.38, which should have been credited to the Ohio Water Development Authority for a loan for the construction of a sanitary sewer system. This ordinance corrects the credit. Arnett opened the public hearing. Having no comments the public hearing was closed. The MOTION PASSED UNANIMOUSLY. 1st Reading of ordinance #2004-11 Amending the Municipal Income Tax. Swinger MOVED and Hardman SECONDED a MOTION for APPROVAL. Arnett explained that these amendments would make Village’s Chapter 880 more consistent with the State regulations. The MOTION PASSED UNANIMOUSLY. The second reading and public hearing was scheduled for April 5 th. 1st Reading of ordinance #2004-12 Amending Zoning Codes 1240.08 Amendments; 1266.07 Nonconforming Structures; and 1278.03 Exceptions to Area, Yard and Height Requirements. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL. Hillard explained that 1240.08 Amendments streamlined the Village’s process, 1266.07 Nonconforming Structures allows more opportunity for expansions of nonconforming structures, and 1278.03 Exceptions to Area, Yard and Height Requirements revises the automatic adjustment to the front yard requirement. The MOTION PASSED UNANIMOUSLY. The second reading and public hearing was scheduled for April 5 th. 1st Reading of ordinance #2004-13 Amending Section 206.02 Sale of Surplus Property. Hardman MOVED and Alexander SECONDED a MOTION for APPROVAL. Arnett explained that the Village owned two rental properties on State Route 343. This ordinance assists the Council in making every effort to sell one of the properties to the existing tenants. Hillard added there were remaining legislative and administrative steps to complete in the process but that this was the first step in that direction. The MOTION PASSED UNANIMOUSLY. The second reading and public hearing was scheduled for April 5 th. Resolution #2004-20 Solid Waste Contract Extension. Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL. Arnett explained that this was in keeping with a recommendation from the Solid Waste Committee. This would allow the staff to go through the bidding process and possible transition to a different vendor. The MOTION PASSED UNANIMOUSLY. CITIZENS CONCERNSThere were no comments from the audience. SPECIAL REPORTSOhio Municipal League Conference. Alexander presented a report on her participation in the OML Conference. The seminars included information on the Duties and Powers of Council members, the Open Meetings and Sunshine Laws, Financing, and Land Use. Alexander participated in a mock Council meeting. A copy of her report is available from the Clerk. Design Advisory-Annual Report. David Battle, Sam Bachtell, Tod Tyslan and Dan Reyes were in attendance for the Commission’s presentation. Bachtell reviewed some of the accomplishments of the Commission, which included addressing a variety of signage issues, plaque and bench issues adjacent to the bike path and numerous meetings with various community organizations and groups to discuss historical data and present day concerns regarding the bike path. Battle then reviewed the Commission’s 2004 Goals. These goals included establishing a place within the Bryan Center to house and archive their various drawings and plans, to continue to build alliances within the Village’s various community groups, and to investigate alternative memorial sites. Arnett suggested a review of Village owned green spaces for possible new memorial sites. Council thanked the Commission for their informative report and welcomed their newest member Dan Reyes. Hillard offered special appreciative remarks to the Commission for their assistance to staff. A copy of the DAC’s report is available from the Commission or the Clerk. OLD BUSINESSAppointment to the Human Relations Commission. Hardman MOVED and Swinger SECONDED a MOTION to APPOINT Aurelia Blake to the Human Relations Commission for a two-year term. The MOTION PASSED UNANIMOUSLY. Proposed 2004 Street Paving Project. Harold “Dunie” Hamilton and Phil Hawkey were present to review the prioritized Street Paving Project list. These paving projects would be included in the County’s 2004 Street Maintenance Bid. The cost is approximately $100,000. Hillard explained that after the projects were reviewed then they were prioritized into selections A, B or C. He further explained that staff recommends projects listed in selection A. These included one area on Center College St. between Xenia Ave. and Livermore; two sections in Park Meadows, three sections on King St. and two sections on Livermore between Herman and Marshall and North College and Davis Sts. Hamilton further explained that in making these selections, staff took into consideration what other work would be scheduled for Village streets. He has evaluated the Village’s utility conflicts and drainage concerns. Hawkey added that the bid date was early April and a pre-construction meeting would follow. Council discussed the possibility of not participating in this program because the Village had not budgeted for this work and that the staff already had committed to other projects. Hillard explained that the Village’s does not always know when these opportunities will present themselves. He stated that he could pay for this out of the existing budget. Council agreed by consensus to authorize Hillard to proceed. Hillard would present a revised budget at the next quarterly financial review in April. He would also designate what items are currently over or under budget. NEW BUSINESS Minutes- Legal Opinion. The Village Solicitor offered an opinion on the length and content of Council minutes. Arnett reviewed the opinion, which included that the legislation section includes consensus or opinions of Council, as well as the vote. The Special reports could be brief with a notation that a full copy is available. The minutes should include a notation that: 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. Council agreed with the opinion. Ohio Division of Liquor Control-Change of Ownership. Council received notification of a change in license/ownership of the BP Gas Station/Pettit Enterprises Inc. This change would move the present liquor license from Kenneth W. and Shirley A. Pettit to Shirley A. Pettit. Council agreed not to request a hearing. The Clerk would notify the Liquor Control Board of the Council’s decision. Y.S. Chamber of Commerce Request for Street Closing-Other Informations. Council agreed to the Chamber’s request to the biannual street closings to accommodate the June and October Other Informations.
MANAGER’S REPORT Hillard included in his report a copy of the proposal from Jones & Henry Engineers, Ltd. The proposal included a listing of their scope of services for providing consulting services for a final detention pond design on the Glass Farm property. The cost would be $14,760.00. Alexander expressed concern that this would be another study completed and put away. Hillard explained that this was more than just a study. This is the second step in the process addressing the storm water issue. Council agreed by consensus to direct the Village Manager to proceed. Bob Mihalek from the Y.S. News asked if Council was committed to the engineering and committed to a detention pond? Arnett explained that as funds allowed the progress and the will of Council remained as such. They would continue. Regarding KVA Demand Charge, Hillard explained that the larger power users in the Village have been informed that the Village is enforcing the 1982 ordinance that allows for the charge for power demand that is intended to cover the cost the Village incurs from DP & L related to inefficiencies in the power used by them. This charge would range from $200 to $6,000, annually. Hillard also suggested that these users contact an electrical contractor for ways to reduce their cost. A public announcement was sent to Mills Lawn 5 th and 6 th graders informing them that the Bryan Center would be open on weekdays from 5 p.m. to 8 p.m. and on weekends from 12 p.m. to 4 p.m. Children under 10 years would not be permitted without adult supervision. Hillard also included a copy of the 2003 Village Accomplishments list. He thanked the supervisors, staff, employees, commissions, committees and boards for their hard work in completing so many of these tasks.
STANDING REPORTSArnett Village Mediation Program Arnett Community Council Hardman Environmental Commission Hardman Human Relations Commission Alexander Library Commission Alexander Cable Advisory Panel. Alexander reported that the Cable Panel hopes to videotape more community meetings and is assisting with cable for Mills Lawn. Alexander Reg. Planning & Coord. Comm. Greene Cty. (On file) Pitstick Planning/Bike Comm./N. Gateway Commission (On file) Swinger Miami Valley Regional Planning Commission (On file). Swinger indicated that there were going to be many upcoming changes regarding the MVRPC. A full report would be included in the next Council packet.
Swinger MVRPC Transportation Committee
AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, April 5, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street. Items for discussion at the April 5 th meeting are: 2nd Reading and public hearing of ordinance #2004-09Amendments to the Parking Code 2nd Reading and public hearing of ordinance #2004-11 Amending Municipal Income Tax 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 2nd Reading and public hearing of ordinance #2004-13 Amending Section 206.02 Sale of Surplus Property as an Emergency Annual Report-Human Relations Commission Deficiencies in Code-Housing Standards Volunteer Lists FUTURE AGENDA ITEMS Street Project Update (April 19th) EXECUTIVE SESSIONSwinger MOVED and Alexander SECONDED a MOTION to MOVED into Executive Session for a discussion regarding Personnel-Appointment/Library Commission in accordance with the Ohio Revised Code #121.22(G)(1). The MOTION PASSED UNANIMOUSLY. Alexander MOVED and Swinger SECONDED a MOTION to ADJOURN from the Executive Session. Alexander MOVED and Swinger SECONDED a MOTION to APPOINT Amy Killoran and Sheila Darrow to the Library Commission. Killoran would serve a two-year term and Darrow a three-year term. The MOTION PASSED UNANIMOUSLY. ADJOURNMENT Swinger MOVED and Alexander SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 8:53 p.m.
_______________________ Deborah Benning, Clerk 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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