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The Yellow Springs

Council of the Village of Yellow Springs

MINUTES

COUNCIL OF THE VILLAGE OF YELLOW SPRINGS

IN COUNCIL CHAMBERS February 21, 2006

CALL TO ORDER

President Jocelyn Hardman called the meeting to order at 7:00 p.m.

ROLL CALL

Jocelyn Hardman, Karen Wintrow, Bruce Rickenbach, Judith Hempfling and Kathryn Chase were present as was the Village Manager Eric Swansen.

ANNOUNCEMENTS

Council thanked Rickenbach for giving each of them and Swansen a copy of David Osborne and Ted Gaebler’s book entitled Reinventing Government: How the Entrepreneurial Spirit is Transforming the Public Section. Rickenbach explained that the concept of “steer not row” in guiding governance came from Mr. Osborne.

REVIEW OF THE MINUTES

Review of the minutes from February 6, 2006 regular meeting. Rickenbach MOVED and Wintrow SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED with an abstention from Hempfling. Hempfling did not support the section of the minutes entitled Tecumseh Land Trust re: Strategic Implementation Plan. Hempfling was invited to write an addendum as an attachment to the minutes if she chooses.

REVIEW OF AGENDA

There were no changes to the agenda.

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:
AMP OH Newsletter(s)
YS Chamber News
Letter to Micki Adams
EPA re: Pollution Investigation Complete/Vernay Labs.

PUBLIC HEARINGS/LEGISLATION

2nd Reading and PH of Ordinance #2006-03 General Warranty Deed-Antioch Univ.-Glen View Road: Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. The private land commonly known as Glen View Road is being conveyed to the Village by Antioch University. Attached to the ordinance is a copy of the deed (Exhibit A), the legal description (Exhibit B) and a map (Exhibit C).

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

1st Reading of Ordinance #2006-04 King Street Parking. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. Parking would be prohibited on the west side of King Street from Kingsfield Drive to a point 285 feet south of that intersection and to a point 150 feet north of that intersection, except for areas designated as Truck Loading Zones. The current map shows that the southeast driveway that runs along the rear of the homes does not exit onto King Street as was indicated in an earlier map. The roll was called and the MOTION PASSED UNANIMOUSLY. Due to the publishing cycle of the Yellow Springs News, the public hearing was scheduled for March 20 th.

1st Reading and Public Hearing of Ordinance #2006-05 Amended the 2006 Temporary Budget as an Emergency. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. Swansen reviewed the amendments, which included the FEMA Fund amount being adjusted to zero, the Police

Pension Fund should replace the Furtherance of Justice Fund and the totals for the Special Revenue Fund would be $344,188 and the Grand Total of the Appropriations would read $2,293,300.

Hardman opened the public hearing. Having no comments, the public hearing was closed. Rickenbach requested and Wintrow agreed to a friendly amendment in the second Whereas, which changed the word was to has been. The roll was called and the MOTION PASSED UNANIMOUSLY.

Resolution #2006-09 Ohio Municipal League Dues. Hempfling MOVED and Wintrow SECONDED a MOTION for APPROVAL. Hardman explained the various workshops and assistance provided by the OML. The MOTION PASSED.

Resolution #2006-10 Adoption of Amended Annexation Policy. Wintrow MOVED and Rickenbach SECONDED a MOTION for APPROVAL. Swansen explained that the changes would bring the policy into compliance with case law. Council reviewed the updated policy. The Annexation Policies and Procedures for the Village of Yellow Springs would replace the older policy which is included in the Village’s Comprehensive Plan. The roll was called and the MOTION PASSED UNANIMOUSLY.

Resolution #2006-11 Cabooses. Wintrow MOVED and Rickenbach SECONDED a MOTION for APPROVAL. Council agreed to the following amendments to this existing legislation. Section 1. After the word interested parties the following would be inserted: to purchase the cabooses in a manner that would benefit the restoration of caboose number 900954, and act as the agent for the Village of Yellow Springs to complete such a transaction. Section 2 would be deleted in its entirety. Section 3. The word interpretive would be deleted and this Section would become Section 2. Section 4 was amended to read:  That the Village Council expresses their intent to see the restored caboose 900954 be included as a static display that educates visitors to the role railroads played in the settlement and development of small communities, the history of Yellow Springs with current information about Yellow Springs and its environs. This Section would become Section 3. The roll was called and the MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS

Mary M. Morgan a resident on Ridgecrest Dr. presented Council with a petition with 35 signatures from the surrounding area requesting that Council look at remedies to curb the excessive speed of motorists on Fairfield-Yellow Springs Rd. The suggested remedies included reducing the speed prior to entering the Village by erecting signage, using the speed monitor sign, increasing patrols and erecting of a “Welcome to Yellow Springs” sign. Bill Mullins sent a statement in support of the petition, which was read by Morgan. Council also heard comments from audience members Jennifer Walters and John McQueen signers of the petition.

Swansen stated that the police department has increased presence of law enforcement on Fairfield-Yellow Springs Rd. He added that the speed monitor sign had been vandalized and is being repaired. Swansen further explained the location of signage outside the Village warrants more discussion with the County and the Township.

Hardman suggested that a subcommittee could be formed to address cost of signage and other items listed, if any traffic calming devices could be used and of these suggestions, which would actually provide what is needed. Council authorized the Village Manager to move forward and provide updates to Council and the residents.

SPECIAL REPORTS

Environmental Commission Annual Report. Delaine Adkins, Chairperson for the Commission gave a review of the report, which included a list of accomplishments and their 2006 Plan. Adkins also reminded Council that they were still two members short. Adkins asked Council what was needed to finish the noise ordinance and what should the Commission’s role be regarding Cemex tire burning. Swansen provided an updated version of the noise ordinance he received from the Village Solicitor.

Adkins explained that the Commission would like to address historical preservation and restoration in the Village. She suggested a subcommittee be form to include members from Planning Commission, Design Advisory Commission and EC.

The membership also includes Julia Lightner, Matt Reed, Douglas Bailey and Tracy Logan. (See report for additional details).

Planning Commission Annual Report. Rickenbach, Chairperson for Planning Commission gave a review of the report, which included a list of the various discussions and public hearings addressing the multiple stages of development for Thistle Creek Phase I and II,

Glenwood Springs (formerly Birch III) Sections I and II, Educational Institution District and the Stancliff Neighborhood. The Commission also designated bike lanes on Xenia Avenue, mapping of the Urban Service Boundaries, and a conditional use of the former bowling alley to an automotive service. The Commission completed its Building Impediment Survey and has forwarded those results to Council. The Commission’s membership also includes John Struewing, Bill Bebko and Burhan Bayraktaroglu. The Commission has one vacancy. (See report for additional details).

OLD BUSINESS

BZA/Micki Adams/Appeal. The Appeal has been withdrawn. All parties involved have been informed.

Charter Review Update. Council agreed that this review would be a legal review of the existing Charter and that the committee should have a membership of five.

NEW BUSINESS

Stancliff Neighborhood. Rickenbach reported that Planning Commission has recommended approval of the Preliminary Plan of the Stancliff Neighborhood PUD-R. The first reading of the ordinance approving the rezoning by Council would be March 6 th. The 2nd reading and public hearing would be held April 3 rd. The developer and adjacent property owners have been notified. The entrance to this development and what could be the entrance to any development on the Kinney property would be via an estate street off of Dayton Street. The waterline to this property and Kinney property could serve their needs. The sewer line could only serve the needs of the Stancliff Neighborhood and not additional development without altering the size and depth of the line.

Building Impediment Survey Results. Rickenbach explained that the Planning Commission was charged with determining whether there were barriers that could cause concern to builders, contractors or developers. If there were concerns, Council could, if need be take action to address these concerns. Rickenbach reported that a survey was drafted and distributed to the various parties. After reviewing the results, Planning Commission agreed that the results should be considered anecdotal since the response rate was to low to have statistical viability.

Appointment to the Library Commission. Hardman MOVED and Rickenbach SECONDED a MOTION to APPOINT David Gansz to the Library Commission for a two-year term. The MOTION PASSED.

Liquor License Transfer. The Ohio Department of Liquor control asked Council to determine whether it would require a public hearing on a liquor license transfer request it had received from Pettit Enterprises Inc. DBA Pettit BP Oil to Village BP LLC DBA Village BP. The business is located at 4 Xenia Avenue. Council agreed not to request a hearing.

MANAGER’S REPORT

Swansen reported that the mowing bid package was out. He had been busy with work regarding the development projects and making preparations for the upcoming budget workshops. The next budget workshop scheduled for Thursday, February 23 rd would include review of electric and water, sewer, solid waste, capital projects and capital equipment requests.

STANDING REPORTS

Kathryn Chase Village Mediation Program
Bruce Rickenbach Community Council
Judith Hempfling Environmental Commission (On file)
Judith Hempfling Human Relations Commission
Jocelyn Hardman Library Commission
Kathryn Chase Cable Advisory Panel (On file)
Karen Wintrow Chamber of Commerce (On file)
Jocelyn Hardman Reg. Planning & Coord. Comm. Greene Cty.
Bruce Rickenbach Planning/Bike Comm./N. Gateway Commission (On file)
Karen Wintrow Miami Valley Regional Planning Commission (On file)

AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, March 6, 2006 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion on Monday, March 6th:
Annual Report from Cable Advisory Panel
A nnual Report from Channel 13
1st Reading of Ordinance-Stancliff Preliminary Plan
1st Reading of Ordinance-Village as Agent to Army Corp of Engineers

FUTURE AGENDA ITEMS
2nd Reading and PH-King Street Parking
Accessibility Committee Annual Report (3/20)
Katrina Relief
Mowing Contract
Farm Leases
Greenspace Fund
Noise Ordinance
Sidewalk Obstructions
Guidelines for Utility Resolution Dispute Commission
Interview for Village Treasurer
Annual Reports (commissions, committees and boards) (Feb)
Municipal Credit Card
2006 Annual Appropriations
Pole Contact Agreements
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan
Citizens’ Petition-Fairfield Pike Update

EXECUTIVE SESSION
There was no executive session scheduled.





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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