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The Yellow Springs

Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS September 20, 2004

CALL TO ORDER

President Tony Arnett called the meeting to order at 7:04 p.m.

ROLL CALL

Tony Arnett, Mary Alexander, Jocelyn Hardman, George Pitstick and Denise Swinger were present. The Village Manager Rob Hillard was also present.

ANNOUNCEMENTS

Arnett announced the recent passing of former Interim Village Manager, Dave Foell. Mr. Foell accepted the position of Interim Village Manager after the resignation of former Village Manager David Heckler and worked for the Village until the present Village Manager Rob Hillard was hired. Regrets and sympathies were extended to his family.

Hillard announced the Commemorative Ceremony for the Limestone Street designation to James McKee Way in honor of former Police Chief James McKee. The Commemorative Ceremony will be held Saturday, October 2nd at 10 a.m.

Mary Alexander announced that she would be attending the Ohio Municipal League’s Fall Conference in Akron, Ohio.

Pitstick announced that Planning Commission would have a special meeting on Tuesday, September 21 st to discuss the Kelcey and Edwards Report regarding the PUD and Site Plan Review zoning.

REVIEW OF AGENDA

Arnett suggested and Council agreed to delete Resolution 2004-49, Awarding the Bid for the Gaunt Park Improvement Project/Baseball Diamond.

Arnett also suggested and Council agreed to move the legislation concerning the annexation request to the beginning of Public Hearings/Legislation.

REVIEW OF THE MINUTES

Review of the minutes from September 7, 2004 regular meeting. Hardman MOVED and Alexander SECONDED a MOTION for APPROVAL as amended. The MOTION PASSED UNANIMOUSLY.

Review of the minutes from September 8, 2004 special meeting. Alexander MOVED and Swinger SECONDED a MOTION for APPROVAL as amended. The MOTION PASSED UNANIMOUSLY.

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP OH Newsletter(s)

Opinion Letter-John Chambers-Electric Transmission Lines

Design Advisory Commission July and August Minutes

Design Advisory Commission September Draft Minutes

Yellow Springs Cabooses LLL re: Purchase from Roberts (Moved to Agenda Planning)

Ken Huber re: Detention Basin

Richard Zopf re: Detention Basin

MV Communications Council Newsletter

Announcement of new Finance Director (Ms. Potter will be introduced to Council at their next regular meeting.)

Dayton Chamber of Commerce Update

Request to State Auditor’s Office re: DUI Enforcement & Ed. Fund

YSI re: Results of Sampling of Monitoring Wells

William Short re: Sidewalk Assessment (Village Manager will review and report back to Council at their next regular meeting.)

MVRPC Local Government Funds Survey (The Village Manager has already completed the Survey.)

Village Solicitor re: Opinion-Electric Transmission Lines

Memo from Arnett

PUBLIC HEARINGS/LEGISLATION

Resolution #2004-51 Annexation Request-Extension of Utilities/Services-Fogg Property. Pitstick MOVED and Alexander SECONDED a MOTION for APPROVAL.

This is an “expedited annexation” request, which means that Council must act on the Extension of Utilities/Services request at this meeting in order to meet the “within 20 days of filing of the petition with the County Commissioners” deadline.

Arnett explained that the conditions included in Section 1 of the legislation states that the Village is willing to extend services but the Village would not underwrite the cost.

Hillard explained that this request offered an opportunity for staff to review the Village’s Annexation Policy.

Doug Miller representing the Petitioners read a brief statement explaining his thoughts for the development of the property. He also distributed a conceptual plan of the property and added that he would work closely with the Village Manager and staff before any formal rezoning applications are submitted. His conceptual plan included a life-long learning center, multi-family housing/apartments and an office complex. The office complex/strip mall could house an drive-thru (inline) banking institution and a copier business. No retail businesses were included in the conceptual plan at this time.

Arnett added that the property is included in the CEDA area but the applicant is not applying under the rules of the CEDA.

Swinger asked who would provide the oversight for a retention basin to see that it is done correctly? Phil Hawkey, Village Planner explained that his office would review the plan and the process for any retention basins. The developer would pay for the inspection services for all utility development and storm water work.

Audience member Suzanne Patterson asked when would the public have an opportunity to comment? Arnett explained that the public could comment at tonight’s meeting; during the zoning hearings and during the development plan process. Arnett added that this expedited annexation process is driven by the State and not by the Village.

Bob Mihalek, Editor of the YS News asked was Council committing any funds to extend the utilities and what zoning process would be used for the property? Arnett answered that Council was not committing any funds for the extension and that the property would probably come under the Planned Unit Development (PUD) zoning. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-52 Annexation Request-Fogg Property. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL. Phil Hawkey had provided Council with his Planner’s Report for the Fogg Property. His report addressed the issues stated in the Village’s Annexation Policies & Procedures. Hawkey added that more detailed plans would be necessary before he could identify all the potential impacts.

Audience member, Bruce Rickenbach suggested and Pitstick and Hardman agreed to a friendly amendment to remove the words of services from Section 3. The words were inserted in error. The roll was called. The MOTION PASSED UNANIMOUSLY.

2nd Reading & Public Hearing of Ordinance #2004- 35 Authorizing Village Treasurer Rep Appointments. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL The legislation allows the Treasurer to appoint a representative for the day-to-day collection of fees.

Arnett opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

1 st Reading & Public Hearing of Ordinance #2004-36 Matricula Consular Identification Cards. Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL. Hardman distributed a recommendation of support from the Human Relations Commission. Hardman explained that the ID cards would allow the cardholder to get a library card and open utility accounts. She added that police departments accept this form of identification if no other is available. She further added that the ID card does not circumvent any immigration laws.

Hardman offered two amendments. The first is the renumbering of Sections 4through10. The second was the removal of fourth and fifth WHEREAS. They appeared to be redundant of Section 5. Swinger agreed to the amendment.

The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for October 4th.

Resolution #2004-49 Awarding Bid-Gaunt Park Improvement Project/Baseball Diamond was deleted from the agenda.

Resolution #2004-50 Greene County Parents Appreciation Week. Alexander MOVED and Hardman SECONDED a MOTION for APPROVAL. Parents’ Week has been scheduled for the week of September 26 th through October 3 rd. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS

There were no comments from the audience.

SPECIAL REPORTS

There were no Special Reports scheduled for tonight’s meeting.

OLD BUSINESS

5-YR Financial Plan Update. Arnett distributed the newest draft of the Plan. Council will meet to further discuss the Plan on Monday, September 27, 2004 at a special meeting in Council Chambers.

Public Works Facility/Salt Barns/1140 State Route 343. Planner Phil Hawkey assisted in the discussion and distributed a report regarding the following:

Salt Barns: Hawkey explained that the Village was sharing space with Miami Township at their facility. The Township would like full use of their facility and asked that the Village vacate before winter. Hawkey had put out bids for the construction of a salt barn for Village use to be housed at the public works facility. The one bid received was over the amount budgeted for the project. Hawkey stated that increased lumber cost contributed to the high bid. He suggested that the bid of $62,000 go out in October and that additional monies be appropriated if needed. The Township has expressed a willingness to work with the Village while the Village moves forward in its process.

1140 State Route 343: Hawkey provided a copy of the appraisal of this Village-owned property. The appraisal included an addendum that listed suggested steps for the property before becoming totally marketable which included a new septic system, a new well and a site/lot split according to the plot plan.

Public Works Facility: Hawkey explained that staff had gone through two bidding processes and that each time the bids were over the budgeted amount. The budgeted amount was $45,000 and the bids were at least $27,000 over that amount. His suggested options were to build a new building or addition, to purchase the materials, and have staff do most of the work or adapt the farmhouse for public works use.

After a further discussion Council agreed that the best solution would be to build a new building or addition, although they cautioned that staff proceed with care and attention.

NEW BUSINESS

There were no items under New Business.

MANAGER’S REPORT

Hillard reported that he is still investigating the 1992 Village Sidewalk Project, before he talks with Village resident William Short. Mr. Short had sent a letter expressing concerns regarding the residents’ assessment for the Allen Street sidewalk.

Hillard will introduce Council to the new Village Finance Director Sharon Potter at the October 4th meeting.

STANDING REPORTS

Arnett Village Mediation Program

Arnett Community Council

Hardman Environmental Commission (On file)

Hardman Human Relations Commission

Alexander Library Commission

Alexander Cable Advisory Panel

Alexander Reg. Planning & Coord. Comm. Greene Cty.

Pitstick Planning/Bike Comm./N. Gateway Commission (On file)

Swinger Miami Valley Regional Planning Commission

AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, October 4, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the October 4th meeting are:

2nd Reading & Public Hearing of Ordinance #2004-HRC re: Matricula Consular
Resolution re: YS Cabooses LLC
Review Process for Clerk of Council
Review Process for Village Manager
Upcoming Budget Process

FUTURE AGENDA ITEMS

Resolution Awarding Bid-Electrical System Improvement (October)
Resolution Awarding Bid-Walnut Street Projects (October)
Quarterly Financials (October)
Economic Revolving Loan Fund Update (October)
Village Manager Employment Agreement (November)
Village Treasurer Employment Agreement (November)
Clerk of Council Employment Agreement (November)
Zoning Code/Enforcement Update (November)
Wheeling Gaunt Request-Flour/Sugar (November)
Supplemental Appropriations (December)
Records Commission Update (December)
Ordinance re: Utility Deposits and Delinquent Notices
Charter Review Committee
Conservation Easement for Well Fields
Annexation Policy Review
Natural Gas Aggregation

EXECUTIVE SESSION

There was no Executive Session scheduled.

ADJOURNMENT

Having no further business, Hardman MOVED and Swinger SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 8:31 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.

Council Agenda
100 Dayton St.
Yellow Springs, Ohio 45387
Clerk of Council:
Phone: 937-767-9126
Fax: 937-767-7220
E-mail: dbenning(at)yso.com
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