|
Council of the Village of Yellow SpringsIN COUNCIL CHAMBERS December 18, 2006 Comments from the Public are welcomed at two different times during the course of the meeting: (1) Comments on items not on the Agenda will be heard under Citizens Concerns, and (2) Comments on all items listed on the Agenda will be heard during Council's consideration of said item. A Sign-In sheet will be made available on the small table at the rear of the Council Chambers. Please write your name and the topic you wish to discuss.
CALL TO ORDER Council Vice President Karen Wintrow called the meeting to order at 7:00 p.m.
ROLL CALL Karen Wintrow, Bruce Rickenbach, Judith Hempfling and Kathryn Chase were present. Village Manager Eric Swansen, Village Planner Phil Hawkey and Village Engineer John Eastman were also present.
ANNOUNCEMENTS There were no announcements.
REVIEW OF THE MINUTES Review of the minutes from December 4, 2006 regular meeting. Rickenbach MOVED and Hempfling SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED. REVIEW OF AGENDA Wintrow suggested and Council agreed to move Resolution 2006-39 Clerk of Council Employment Agreement to Executive Session.
PETITIONS/COMMUNICATIONS The Clerk will receive and file: AMP-Ohio Newsletter(s) OML Legislative Bulletins Time Warner Cable Update Greene County Parks-Program Update Suzanne Clauser re: Council Process YS Chamber of Commerce Newsletter Copy of Press Release re: Council Vacancy Copy of Public Notice re: Council Vacancy Bob Moore re: Application to Design Advisory Commission Joshua Zinger re: Application to Design Advisory Commission Delaine Adkins re: Support for Chad Runyon Don Hollister re: Urban Service Area Patti Dallas re: Support for Kathryn Van der Heiden Sean Creighton re: Support Chad Runyon PUBLIC HEARINGS/LEGISLATION 2 nd Reading & PH of Ordinance 2006-20 Annual Appropriations, including the recently passed Property Tax Levy. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Hempfling referring to the Human Relations Commission and the Environmental Commission were trying to work on Council's goals, asked if funds were available to commissions and committees to offset costs associated with their work. Council Clerk Benning explained that there were some monies placed in Council's budget each year to defray costs incurred by commissions, committees or boards. Wintrow opened the public hearing. Pat Murphy asked where would revenues be outlined? Swansen explained that this is a budget plan of expenditures and the revenues would be shown in a statement from the County Auditor 's Office. Having no further discussion the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY. 2 nd Reading & PH of Ordinance 2006-21 Annual Appropriations. This ordinance was written to show the appropriations without the passage of the Property Tax Levy. Rickenbach MOVED and Hempfling SECONDED a MOTION to REMOVE this item from the agenda. The MOTION PASSED. 1 st Reading of Ordinance 2006-24 Amending Zoning Code-Central Business District. Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. Rickenbach explained that Planning Commission in its review of a proposed development plan in the Central Business District found interior conflicts in the zoning code regarding this zoning district. This ordinance addresses some of those conflicts, which also include signage. Rickenbach further explained that these amendments are just an interim measure and that the Planning Commission would further review the zoning code after they complete their review of the Comprehensive Plan. Village Planner Hawkey gave a brief overview of the recommended changes to Sections 1256.03, 1256.04, 1256.06, 1256.08, 1258.05, 1260.03, 1268.01, 1268.03, 1268.12, 1272.05, 1276.03, and 1276.07. These amended sections covered large buildings and lots, yard and height requirements, parking and signage. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for January 16, 2007. 1 st Reading of Ordinance 2006-25 Approving the Amended Comprehensive Plan, Urban Service Map & Edit References. Rickenbach MOVED and Chase SECONDED a MOTION FOR APPROVAL. Rickenbach explained that during its review of the 2002 Comprehensive Plan, Planning Commission was not satisfied with the lack of definition of the Urban Service Area and Boundary. The boundary is defined by topography. The area could not be defined until after the Sanitary Sewer Study was complete. The study would enable the Planning Commission to see the "capacity of transport to the wastewater treatment plant". Engineer John Eastman reviewed the Sanitary Sewer Study. The study outlined the collection system including the existing pumping station. Eastman explained that the Urban Service Area is designated as the Facilities Planning Area and the Village is the Designated Planning Agency or the Facilities Planning Agency. The Facilities Planning Agency would take the lead on any discussions regarding development in the Facilities Planning Area. In addition to the amendments to the Comprehensive Plan, the ordinance also allows for the Sanitary Sewer Study, the updated maps and the revised Annexation Policy to be place in the Appendices of the Plan. Hempfling expressed concern that this topic needed more discussion within the community and at the council table and asked that the time be made available. The roll was called. The MOTION PASSED 3-1, with Hempfling voting no. Council scheduled the public hearing for January 16, 2007. Resolution 2006-38 Waterline Installation & Agreement-Friends Care Center . Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. Swansen explained that the water system needs improvements, especially to fight fires in the downtown area. Friends Care Center would have the waterline installed and the Village would pay their share of the costs over a three-year period without interest. The new water main would eight inches and approximately 200 feet long. The roll was called. The MOTION PASSED 3-0, with an abstention from Hempfling. Resolution 2006-39 Clerk of Council Employment Agreement. This agenda item would be delayed until after the Executive Session. Resolution 2006-40 Accepting Amounts and Rates-Tax Levy. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen explained that this document showed the Village's revenue from the passage of the 8.4 mills property tax levy. The MOTION PASSED UNANIMOUSLY. CITIZENS CONCERNS Jerry Papania expressed concern regarding permits for demolition of buildings as a public safety issue. Papania asked that there be more control regarding the dust, noise and protection of the infrastructure. Hawkey explained that the county issues the permit and that there is very little guidance given in the Village's code. Hempfling stated that she was concerned about the protection of the public health and that at the last demolition, which was a controlled burn; there was asbestos that was inadvertently burned. She suggested that the Village might consider not allowing such demolitions. Hempfling MOVED and Chase SECONDED a MOTION to begin to formulate legislation to control demolitions within the Village. The MOTION PASSED. Paul Abendroth explained that there is the possibility of unintended consequences. Fire Department volunteers would be unable to train without such demolitions and without the volunteers there would be more costs associated with fire fighting. SPECIAL REPORTS There were no special reports.
OLD BUSINESS Appointment to the BZA. This was postponed until January 2 nd . Discussion re: Council Appointment. Wintrow reviewed the process for making the appointment as was discussed at the last Council meeting. Hempfling suggested that Council reconsider its process to allow for a public question and answer period to the candidates. Wintrow suggested that this new process could be more grueling than what the elected Council members had gone through. Diane Chiddister, Editor of the YS News stated that she had called other municipalities to investigate their processes for filling vacancies. She named Santa Cruz and Vancouver as two of her contacts. Chiddister added that she had asked the three candidates to submit a short biography and answer six questions. Sue Abendroth asked how were the questions formulated. Chiddister explained that the questions were formulated the newspaper's staff. Pat Murphy expressed concern that using the results of the levy was polarizing the community and should not be apart of this appointment. Sean Creighton submitted a petition of thirty signatures in support of Chad Runyon for the Council vacancy. He explained that Runyon represented young families of the Village and that having this diversity on Council was important. Chase stated that she would like the person to have exemplary communication skills. Hempfling suggested that significant points of view be represented on Council. Wintrow asked who would determine who is significant. Barbara Bernstein suggested that the close vote on the levy does not indicate that there is less confidence in Council. She further suggested that there be a more holistic approach of hearing all the possibilities before making the final decision. Helen Eier stated that she felt there were three excellent applicants but the best is not always easy to define. Hempfling suggested that the candidates be asked about their point of view in a public setting. The three candidates Jerry Sutton, Kathryn Van der Heiden and Chad Runyon all agreed that they would be open to some public participation. Rickenbach explained that there was no reason to change the process. Hempfling MOVED that Council prepares a list of questions for the candidates and that the public be given time to ask questions. The MOTION DIED for lack of a SECOND. The process would remain as previously outlined. Council would review the applications, call the candidates individually, allow for discussion in an open forum, adjourn to Executive Session to continue Council discussion and then make the appointment in open session. Discussion re: Annexation Process. Hawkey reviewed the annexation timeline for the Fogg property. Council agreed to have all the annexation documents for their January 2 nd meeting. This would include the annexation memo from Village Solicitor John Chambers, the Annexation Study from Kelcey and Edwards and the documents from the County Commissioners . Council further agreed to a special January 29 th meeting with legal counsel present to further discussion this issue.
NEW BUSINESS Rezoning Request-Center for Business and Education from Agricultural to Mixed Commerce District. Hawkey reviewed the timeline. Council agreed to have a first reading on January 16 th and the second reading and public hearing on February 20 th .
MANAGER'S REPORT Swansen reported that there would be a groundbreaking at the location of the Center for Business and Education on January 24 th . Swansen thanked Sharon Potter and her staff Roxie Potts and Susie Yount for their hard work and patience in preparing the new utility bills.
STANDING REPORTS Kathryn Chase Village Mediation Program Bruce Rickenbach Community Council Judith Hempfling Environmental Commission Judith Hempfling Human Relations Commission Library Commission Kathryn Chase Cable Advisory Panel Karen Wintrow Chamber of Commerce (On file) Reg. Planning & Coord. Com. Greene Cty. Bruce Rickenbach Planning/Bike Comm./N. Gateway Commission (On file) Karen Wintrow Miami Valley Regional Planning Commission (On file)
Hempfling MOVED and Rickenbach SECONDED a MOTION to reappoint Joan Chappelle to the Human Relations Commission for another term. The MOTION PASSED.
AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Tuesday, January 2, 2007 in Council Chambers, John Bryan Community Center , 100 Dayton Street .
Items for discussion on Tuesday, January 2, 2007: Appointment of new council member Budget Discussion Fogg Property-Annexation
FUTURE AGENDA ITEMS Village Manager/Employment Agreement- January 16 th Self-evaluation due. Additional Revenue Sources-Event Tax-Hotel/Motel Tax Appointment to HRC & DAC Guidelines for Utility Resolution Dispute Commission Fairfield Pike/Polecat Rd Citizen's Petition Update Greenspace Fund Sidewalk Obstructions Municipal Credit Card
EXECUTIVE SESSION Rickenbach MOVED and Hempfling SECONDED a MOTION to go into Executive Session, in accordance with Ohio Revised Code #121.22(G)(1) for a discussion regarding Personnel-Employment. The MOTION PASSED UNANIMOUSLY AT 10:23 P.M. Rickenbach MOVED and Chase SECONDED a MOTION to return to the General Session. The MOTION PASSED.
GENERAL SESSION Resolution 2006-39 Clerk of Council Employment Agreement. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Council agreed to continue Benning's agreement and to increase her annual salary. The MOTION PASSED UNANIMOUSLY. ADJOURNMENT Having no further business, Rickenbach MOVED and Chase SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY.
_______________________________ Karen Wintrow, Vice President
_______________________________ Deborah Benning, Clerk of Council |
|