Council
of the Village of Yellow Springs
IN COUNCIL CHAMBERS January 2, 2007
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 made available on the small table at the rear of the Council Chambers. Please first write your name and the topic you wish to discuss.
CALL TO ORDER
Vice President Karen Wintrow called the meeting to order at 7:02 p.m.
ROLL CALL
Karen Wintrow, Bruce Rickenbach, Judith Hempfling and Kathryn Chase were present as was the Village Manager, Eric Swansen and Village Planner Phil Hawkey.
ANNOUNCEMENTS
Rickenbach offered words of sympathy in acknowledging the passing of Linda Chambers, wife of the Village Solicitor, John Chambers. This was followed by a moment of silence.
REVIEW OF THE MINUTES.
Review of the minutes from December 18, 2006. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL as amended. The MOTION PASSED.
REVIEW OF AGENDA
There were no changes to the agenda.
PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletter(s)
Sue Abendroth re: Support for Jerry Sutton
John Chambers re: Legal Opinion-Conflict of Interest
MVRPC-January 4 th Agenda
Paul Abendroth re: Council Appointment
Village Financials
Memo from Hempfling re: Tecumseh Land Trust-Cost of Community Services Report
PUBLIC HEARINGS/LEGISLATION
Resolution #2007-01 Membership Dues. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. This legislation directs the Village Manager to authorize membership payments to the Miami Valley Regional Planning Commission for a cost of $1,730.06, the Ohio Municipal League for a cost of $730.00 and Greene County Emergency Management for a cost of $451.32. All funds would be paid from Account #101-1001-3108.
CITIZENS CONCERNS
Rick Donahoe explained to Council that he was circulating a petition within the Village in order to place all future annexations on the ballot so that they could be put to an electoral vote.
SPECIAL REPORTS
There were no Special Reports scheduled.
OLD BUSINESS
Fogg Property Annexation Discussion. Council received a draft of the Annexation Study of the Fogg Property from Village consultants Kelcey and Edwards, a copy of The Cost of Community Services in Clark County commissioned by Tecumseh Land Trust and The Metro Area Impact of Home Building in the City of Troy . Wintrow reviewed the timeline explaining that Council must take action by April 16 th . She further suggested that a special meeting scheduled for the 29 th should include a representative from the Village Solicitor's office as well as a representative from Kelcey and Edwards. Kelcey and Edwards drafted an annexation study of the Fogg Property.
Swansen explained that the annexation study explores what is likely to happen on the property. There could be development on the property without annexation using township zoning. Swansen suggested that public comments regarding the annexation study be submitted over the next two weeks and a draft of the comments be sent to Council.
Hempfling asked what additional information if any would be needed for the discussion on the 29 th and were there other resources that should be reviewed. Council agreed to with a prior suggestion by Wintrow to have Shannon Martin from the Village Solicitor's office and a representative from Kelcey and
Edwards attend the 29 th meeting. Council also agreed to have copies of a memo from John Chambers regarding annexation, the Comprehensive Plan and the timeline as part of their document package. Public comment regarding the annexation study would be due no later than January 12 th .
Chase added that she appreciated having the three different perspectives to aid Council in getting started.
In answering a question from Chad Runyon regarding "how to submit responses", Swansen explained that responses could be submitted by postal mail, phone or email.
Suzanne Patterson asked if the study would be available on the web. Swansen answered yes. Hempfling suggested that the homebuilders report not be placed on the website because the association is such a strong lobbying group. Wintrow suggested all the documents be placed on the website. Adding that each group has some bias.
Rickenbach MOVED and Chase SECONDED a MOTION to ACKNOWLEDGE RECEIPT of the expedited annexation documents from the Greene County Commissioners Office. The MOTION PASSED.
Appointment to Board of Zoning Appeals. Rickenbach MOVED and Hempfling SECONDED a MOTION to APPOINT Kingsley Perry Jr. to the Board of Zoning Appeals. Rickenbach explained that he had met with Kingsley Perry and that Perry had stated that he was committed to maintaining the integrity of the Village's zoning code. The MOTION PASSED 3-0, with an abstention from Wintrow.
Council Appointment. Wintrow reviewed the selection process explaining that resumes were submitted and individual council members spoke with each applicant. Hempfling stated that she had heard great things about all three applicants and added her appreciation to them for their commitment.
Audience member Gina Paget asked that Council consider diversity when making their final selection.
Chris Zurbuchen also offered appreciation to the three applicants and hoped that they would consider running in the general election in November. The appointment would expire at the November election.
NEW BUSINESS
There were no items listed for New Business.
MANAGER'S REPORT
Swansen reported that there was a truck accident at Xenia Avenue and Corry Street that caused some damage to the traffic signal. There was also some damage to the diesel fuel tank. Village crew members put down absorbents to stop the fuel from entering the storm drains. The Village will be seeking reimbursement for expenses from the driver's insurance company.
Swansen also reported that Police Chief John Grote has found a replacement officer for the vacancy created by a retirement and the boiler replacement cost was over $10,000. Gerrie Slone has retired from the Village.
The Center for Business and Education will hold a dedication ceremony on January 24 th at the Bryan Center .
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 16, 2007 Council Chambers, John Bryan Community Center, 100 Dayton Street.
1 st Reading of Ordinance re: Center for Business and Education-Zoning
2 nd Reading & PH of Ordinance 2006-24 Amending the Zoning Code-CBD
2 nd Reading & PH of Ordinance 2006-25 Approving the Amended Comp. Plan
Village Manager's Annual Report
Swearing In of new Council Member
Agenda Planning for January 29 th meeting-Annexation
FUTURE AGENDA ITEMS
Resolution re: Village Manager/Employment Agreement (2/5)
Discussion re: Economic Development
Unified Building Code
Audit Conference
Ordinance re: Control of Demolitions
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/Repair
Protecting the Greenbelt
Municipal Credit Card
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan
Review of the Village Manager Search Process
UNIFIED BUILDING CODE was adopted by the State and municipalities must decide how to deal with this issue. According to the Village Planner Phil Hawkey, the Village could hire an independent contractor, let the County do it and/or not be a part of the unified code system. Swansen added that this code may or not include certain items such as greenspace requirements. Wintrow further added that cost implications would also be a concern. Rickenbach explained that the Village already adopted insulation and energy efficiency codes that are at higher standards than the State.
EXECUTIVE SESSION
Rickenbach MOVED and Chase SECONDED a MOTION for an Executive Session to discuss Personnel-Appointment/Council Vacancy, in accordance with the Ohio Revised Code #121.22 (G)(1). The MOTION PASSED UNANIMOUSLY at 8:21 p.m.
Rickenbach MOVED and Hempfling SECONDED a MOTION to return to the General Session. The MOTION PASSED.
GENERAL SESSION
Hempfling MOVED and Rickenbach SECONDED a MOTION to APPOINT Kathryn Van der Heiden to Council. The MOTION PASSED UNANIMOUSLY.
ADJOURNMENT
Having no further business, Rickenbach MOVED and Chase SECONDED a MOTION to ADJOURN. The MOTION PASSED.
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