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The Yellow Springs

Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS January 16, 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 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

Vice President Karen Wintrow called the meeting to order at 7:02 p.m.

SWEARING IN OF NEW COUNCIL MEMBER
Vice President Wintrow administered to Oath of Office to newly appointed Council member Kathryn Van der Heiden.

ROLL CALL

Karen Wintrow, Bruce Rickenbach, Judith Hempfling, Kathryn Chase and Kathryn Van der Heiden were present as were the Village Manager Eric Swansen, the Village Planner Phil Hawkey and the Village Engineer John Eastman.

ANNOUNCEMENTS

Eric Swansen completed his first 26-mile marathon at Disney World in Orlando , Florida . Swansen raised over $3000 for the Leukemia-Lymphoma Society.

REVIEW OF THE MINUTES

Review of the minutes from January 2, 2007 regular meeting: Rickenbach MOVED and Hempfling SECONDED a MOTION to APPROVE the minutes as submitted. The MOTION PASSED 4-0, with an abstention from Van der Heiden.

REVIEW OF AGENDA

Add: Standing Reports- Council rep to EC (Hempfling)

Add: New Business- Community Information Project (Wintrow)

 

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP-Ohio Newsletter(s)

McKinney PTO re: "State of the Village" (New Business)

Len Kramer re: Forum on Annexation-Smart Growth Task Force (Old Business)

William John Booth re: HRC Commission Application

Environmental Commission re: Electric Utility (New Business)

Greene County Parks re: Bee Keeping

Greene County Parks re: "live in the lodge"

Greene County Parks re: February At-A-Glance

Greene County Parks re: Weekender

YS Library re: Using the Catalog; Open Computer Lab & Intro to Internet

MVRPC re: Annual Spring Dinner

Time Warner re: America 's Store

YS Chamber re: Unique Creations-Closing

YS Chamber re: Ohio Business Development Mission

Mayor's Monthly Update

John Chambers re: In Appreciation

Fogg Annexation re: Public Comments

Legislation Bulletin re: OML January 10 th

YS Chamber re: Ohio Law Seminar

YS Chamber re: Annual Report

Rick Walkey & Ali Thomas re: Dance Room Rentals

 

PUBLIC HEARINGS/LEGISLATION

2 nd Reading & PH of Ordinance 2006-24 Amending the Zoning Code-CBD. Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. This ordinance amends portions of Chapters 1256, 1258, 1260, 1268, 1272 and 1276. Rickenbach explained that Planning Commission had found inconsistencies in the zoning code as well as conflicts regarding various zoning sections in the code as it relates to the Central Business District. Rickenbach went on to explain that these amendments are just an interim step until Planning Commission concludes it review of the Comprehensive Plan. Wintrow opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

2 nd Reading & PH of Ordinance 2006-25 Approving the Amended Comp. Plan. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. This ordinance amends sections of the Comprehensive Plan, its maps and appendices. Rickenbach explained that Planning Commission was concerned that the urban service area in the Comprehensive Plan was not precise and the urban service boundary map was not clearly defined. Rickenbach went on to explain that the boundary is a technical term based on the areas that can be served by gravity sewer. The area is a political area. Yellow Springs would be the

Facilities Management Agency for this area. Rickenbach also explained that the Commission made its strategic decisions based on the Sanitary Sewer Study submitted by LJB Inc. The proposed area includes only those properties contiguous to the Village. Having these properties within the Village's Urban Service Boundary gives the Village a voice at the table if and when these properties were to be developed. Without their inclusion, the Village would have no input in the developer's plans. Wintrow opened the public hearing.

Hempfling expressed concerns about the wording used to describe "Category 2" on the map. Eastman explained that the description language could be changed.

Rickenbach MOVED and Van der Heiden SECONDED a MOTION to amend the description language for Category 2 on the map to read: "Areas where development, should it occur, is expected to be served with Sanitary Sewers connected to an existing POTW in the next twenty years. The public hearing was closed.

The vote was called on the amendment. The MOTION PASSED UNANIMOUSLY. The vote was called on the motion. The MOTION PASSED UNANIMOUSLY.

1 st Reading of Ordinance 2007-01 re: Center for Business and Education-Zoning. Van der Heiden MOVED and Chase SECONDED a MOTION for APPROVAL. Citing her husband's role in this development, Wintrow recused herself from this discussion and the vote. Rickenbach as senior member of Council facilitated the discussion. This ordinance would change the zoning of the 34.769-acre property known as the Center for Business and Education to be changed from Agricultural to Mixed Commerce District.

Rickenbach explained that the McGregor property zoning was changed from agricultural zoning to Educational zoning through the zoning application process, which included public hearings with Planning Commission and Village Council. The remaining 34.769 acres although annexed into the Village, its township zoning remained. Planning Commission and the property owners agreed that a mixed-use zoning would be a better fit for the property.

Answering Mary Donahoe, Rickenbach explained the permitted uses under Mixed Commerce Zoning. There would be no retail businesses. A property owner could only sale what they produce on their property. They could not ship in other products to sale along with their product.

Rick Donahoe inquired about how much protection is available through zoning. Rickenbach explained that there is an application process, along with various public hearings before a property could receive a zoning designation. There cannot be any deviation from the designation wants it has been assigned.

Hempfling suggested the zoning code be updated to include environmental concerns, what impact the development would have on the Village, energy efficiency, smart growth and ranges of housing costs. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for February 20 th .

CITIZENS CONCERNS

There were no comments from the audience.

 

SPECIAL REPORTS

There were no special reports scheduled for this meeting.

 

OLD BUSINESS

January 29 th Special Meeting-Annexation. Council members discussed who should give presentations at this meeting, what items should be available for distribution and would the subject matter include annexation in general or the Fogg annexation specifically.

Council agreed with a statement made by Chase that this meeting should address the Fogg annexation specifically because Council must render a decision by April 16 th . Council also agreed that the Annexation Study, public comments, the memo from the Village Solicitor and any documents from the property owners be available for the general public. The agenda would include a facilitator from the Mediation Program, presentations of the Annexation Study by Edwards and Kelcey, the conceptual plan from property owner Miller, explanation of Council's role in the annexation process, statements from Miami Township Trustees and YS School District and public comments. Council agreed that this would be an opportunity for them to hear from all parties and the general public. Council also agreed that they could ask questions but that this was a fact-finding meeting for Council and the general public. Council directed the Village Manager to prepare a press release announcing the meeting, its location, time, presenters and that there would be a delay broadcast of the meeting on Channel 13.

 

NEW BUSINESS

Council Retreat. Wintrow reviewed her memo regarding the retreat, which included how "communication related to Village and Council issues can be facilitated to fully engage themselves, staff, volunteers and the community." Wintrow asked that another Council member volunteer to work with her to further explore the draft she had presented.

Hempfling suggested that previous council member should be invited to attend. She also would like to explore "open participatory democracy" as it related to governmental ideas of the 1600's and 1700s.

Van der Heiden volunteered to work with Wintrow. They would bring back their findings with suggested dates at a later time.

Community Information Project-Liaison. Wintrow explained that she has resigned and the Village government's liaison to the CIP . Wintrow suggested that the Village Manager be the logical replacement. Council agreed.

PTO-State of the District/Village. The YS Board of Education will be having a public meeting regarding the State of the School District . The Board has asked that a Village government representative give a State of the Village presentation as well. Council agreed to have the Village Manager draft the report and make the presentation. This report could act as the Annual Report to the Village, which per the Village Charter is an annual responsibility of the Village Manager.

 

MANAGER'S REPORT

Swansen reported the John Eastman would be preparing the operational details for the Wastewater Treatment Plant upgrades. Swansen also reported that he was selected to the Greene County Emergency Management Board.

STANDING REPORTS

Kathryn Chase Village Mediation Program

Bruce Rickenbach Community Council

 

Judith Hempfling Environmental Commission (On file) Hempfling reported that she would like to resign her position as liaison to the EC. Van der Heiden is a community member to the EC. The Council Clerk explained that Van der Heiden would automatically be assigned the liaison vacancies left by former member Jocelyn Hardman and if she were to add the EC, she would then be responsible for three liaison positions. Van der Heiden agreed to accept the Library Commission and the Greene County Planning appointments and Hempfling agreed to remain on the EC.

 

Judith Hempfling Human Relations Commission Hempfling and Wintrow will meet with John Booth to explore his interest in becoming a member of HRC.

 

Kathryn Van der Heiden Library Commission

Kathryn Chase Cable Advisory Panel

Karen Wintrow Chamber of Commerce (On file)

Kathryn Van der Heiden 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)

 

AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, February 5, 2007 in Council Chambers, John Bryan Community Center , 100 Dayton Street .

 

Items for discussion on Monday, February 5, 2007:

Resolution: Village Manager/Narrative

Discussion: Economic Development

Control of Demolitions/Burns

 

FUTURE AGENDA ITEMS

#2007-01 Zoning-Center for Business and Education (Feb. 20 th )

Farm Leases

Mowing Contract

Annual Commission, Committee Reports

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

 

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

Having no further business, Rickenbach MOVED and Van der Heiden SECONDED a MOTION to ADJOURN. The MOTION PASSED at 9:46 p.m.

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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