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.
|