Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS May 1, 2006

CALL TO ORDER
President Jocelyn Hardman called the meeting to order at 7:02 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 will hold a two-hour work session on Saturday, May 6 th in Meeting Rooms A and B for a discussion about the information needed and identifying the process to be used for notification of the public regarding the Village’s financial future.

REVIEW OF THE MINUTES.
Review of the minutes from the April 3, 2006 regular meeting. Rickenbach MOVED and Hempfling SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED.

Review of the minutes from the April 17, 2006 regular meeting. Rickenbach MOVED and Wintrow SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED.

REVIEW OF AGENDA
Hempfling: Review of the HRC Brochure-Agenda Planning

PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletter(s)
MVRPC Regional Issues Forum
MVRPC March Minutes
Little Miami River Clean-Up Event
Greene County Public Library Board Meeting
Miami Township Fire and Rescue Annual Report
Mayor’s Monthly Statement
Kathryn Chase re: Narrative of Financial Outlook
Aida Merhemic re: Resignation from HRC
Ohio University Executive Leadership Institute re: Workshops

Carl and Lorena Hyde re: Vectren Source $0.967 per CCF –Swansen advised that the public visit the PUCO website to get a comparison on which plan to use. He added that the Village could not be competitive in this market at this time.

Birgitta Valey re: Alley/Limestone & Davis-Swansen reported that some of the weeds had been removed.

PUBLIC HEARINGS/LEGISLATION

2nd Reading and PH of Ordinance #2006-11 Rezoning of 150 Railroad St. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Because Wintrow is part owner of the property, she recused herself from the discussion.

If approved the ordinance would rezone the .50-acre property known as150 Railroad Street from Residence B to the Central Business District. The proposed plan includes offices on the first level and living quarters on the second level.

Hardman opened the public hearing. Code Enforcement Officer, Ed Amrhein stated that he had not received any correspondence in support of or against this request. Having no additional comments the public hearing was closed. The roll was called. The MOTION PASSED 4-0, with an abstention from Wintrow.

2nd Reading and PH of Ordinance #2006-12 Public Disturbance-Noise.
Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Rickenbach and Hempfling agreed to a friendly amendment to Section 2, which deletes effective upon passage to the earliest period allowed by law.

Hardman opened the public hearing. Dimi Reber questioned the 10p.m to 8 a.m. enforcement and how whistling, singing and playing musical instruments could be a cause for prosecution. Swansen explained that this was an illustrative enumeration and that it may trigger enforcement or it may not. The public hearing was closed. The roll was called the MOTION PASSED UNANIMOUSLY.

Resolution 2006-16 Confirming Agricultural Use-Community Resources/CAUV.
Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. If approved this resolution would permit the 34.769 acres, Parcel F1900010020000300, which was recently annexed into the Village, retain its agricultural zoning. Rickenbach suggested and Wintrow agreed to a friendly amendment in Section 1, which deletes is currently zoned by the Village to has retained its zoning. The roll was called and the MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS
There were no comments from the audience.

SPECIAL REPORTS
There were no special reports scheduled.

OLD BUSINESS
Volunteer Response Program. Council suggested that notification of expiring terms be made available in a timely matter, that qualifications and skills needed would be included in the advertising if necessary and that the ads continue on Channel 13 as well as the YS News. Wintrow and Swansen would interview applicants to the Design Advisory Commission and make a recommendation to Council. There are still vacancies on the Board of Zoning Appeals and the Human Relations Commission.

NEW BUSINESS
Northern Gateway Project-Review. Swansen reviewed the project and its financial impact on the Village. Due to the Village’s current financial condition and the additional increase costs for the bridge, Swansen suggested revising the project. The original project would increase parking on Cemetery Street and would be linked to the bike path by constructing a bridge across the YS Creek. This project has had Village funds set aside in 2005 and has budgeted funds to be set- aside in 2006 and the remaining unbudgeted fund balance would be scheduled for 2007. The Village would receive 70% of the construction cost for this through MVRPC. Swansen’s suggested alternatives included finding additional money to cover the cost increase for the bridge, revise the plan and eliminate the bridge or not to proceed with the project. Of these alternatives Swansen supported revising the plan and eliminating the bridge. In his revision the bridge would be replaced by a new path constructed parallel to State Route 68. The path would be wide enough to accommodate bikes and would follow the existing emergency road. The Cemetery parking lot would be expanded to hold more vehicles including recreational vehicles. Swansen also reviewed a plan that would increase parking in the Bryan Center parking lot.

Kristin Eggeman of Eggeman Engineering explained that the Village would pay 30% of the construction costs, costs for engineering, an environmental study and any right-of-way acquisitions.

Wintrow stated that the Village needed the additional parking spaces and that returning the funds to MVRPC could jeopardize future funding efforts. Wintrow added that the northern gateway into the Village would be enhanced by this project.

Ed Amrhein explained that there would be 7 to 8 paved parking spaces and the remaining spaces would be of some type of pervious surface.

Bike Enhancement/Northern Gateway Committee member John Struewing asked that any decision be put on hold in order to give the committee members time to seek additional funding. Ted Donnell Chair of this committee added that the completion of the bike spur and the traffic light at Cemetery Street were projects that were directly connected to this project. Donnell added that the committee was also looking for new members.

Chase stated that in the light of our financial difficulties, the bridge project should not move forward.

Hempfling suggested that a walk of the area that would include the alternative project be scheduled.

Bob Baldwin added that Council should address the availability of public restrooms in the Central Business District.

Council agreed that Swansen continue to work with the Bike Enhancement/Northern Gateway regarding additional funding and report back to Council before the June 18 th status report due date to MVRPC.

Council Goal Outline-Greenbelt. Swansen reviewed a draft of the project charter for establishing a plan to continue the greenbelt. Staff and Tecumseh Land Trust created the draft. Council members offered some amendments to the draft. Swansen suggested that staff work with the listed stakeholders in order to move forward in the completion of this goal.

Hempfling suggested that the Environmental Commission take more of a leadership role in the process. Hardman explained that although she appreciated that EC would like to take the leadership role, due to the financial implications to the Village the Manager should remain in that position.

Joint Meeting of Council and Miami Township Trustees. Council agreed to meet with the Township Trustees on Tuesday, May 30 th in Meeting Rooms A and B in the Bryan Center.

MANAGER’S REPORT
In addition to his written report, Swansen stated that the front entrance YS Library was opened to the general public and Greene Metropolitan Housing would be making improvements in heating of their units.

AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, May15, 2006 Council Chambers, John Bryan Community Center, 100 Dayton Street.

Resolution: Establishing a Special Revenue Fund-CDBG
Commerce Park
Resolution: Accepting of the Early Retirement Incentive Program
Council Goal Outline-High Speed Internet
Northern Gateway Project-Review
Review of the HRC Brochure
Volunteer Response 2 nd Draft
Agenda of Joint Meeting-Miami Township Trustees and Council

FUTURE AGENDA ITEMS
Approval of the Tax Budget
Guidelines for Utility Resolution Dispute Commission
Fairfield Pike/Polecat Rd Citizen’s Petition Update
Katrina Relief
Greenspace Fund
Sidewalk Obstructions
Interview for Village Treasurer
Municipal Credit Card
Pole Contact Agreements
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan
Review of the Village Manager Search Process

EXECUTIVE SESSION
Rickenbach MOVED and Wintrow SECONDED a MOTION to go into an Executive Session for a discussion on Personnel-Employment and Compensation in accordance with the Ohio Revised Code #121.22 (G)(1). The MOTION PASSED.

Wintrow MOVED and Rickenbach SECONDED a MOTION to return to the General Session. The MOTION PASSED at 9:46 p.m.

GENERAL SESSION

Rickenbach MOVED and Hardman SECONDED a MOTION to ACCEPT the resignation of David Foubert as Mayor. The MOTION PASSED.

Hardman MOVED and Wintrow SECONDED a MOTION to APPOINT David Foubert as Acting Mayor. The MOTION PASSED.

ADJOURNMENT
Rickenbach MOVED and Wintrow SECONDED a MOTION to ADJOURN. The MOTION PASSED at 9:50 p.m.