Council
of the Village of Yellow Springs
IN COUNCIL CHAMBERS June 18, 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 7:00 p.m.
ROLL CALL
Karen Wintrow, Bruce Rickenbach, Judith Hempfling, Kathryn Chase and Kathryn Van der Heiden were present. The Village Manager Eric Swansen and the Assistant Village Planner Ed Amrhein were also present.
ANNOUNCEMENTS
Both Wintrow and Hempfling read individual statements regarding the closing of Antioch College and support for its future. There would be ongoing meetings with the staff, faculty, students and alumni during this Alumni Reunion Weekend. Hempfling supported a meeting with Council and the College to discuss the impact of the 2008 closing.
REVIEW OF THE MINUTES
Review of the minutes from June 4, 2007 regular meeting. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL of the minutes as submitted. 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)
Bruce Rickenbach re: Charter Review Amendments (Moved to PH/Legs)
YS. Library re: various upcoming programs
Legislative Bulletin #12, #13 and #14
OML re: Mayor's Court Alert
OML re: Local Government Call to Action/SB 117
RITA re: Municipal Income Tax/Riverside (Village Manager to monitor)
Court Records re: Riverside Tax Issue (Village Manager to monitor)
Ashlee O'Neal Application Library Commission (Van der Heiden to
interview)
Joseph Cronin Application Library Commission (Van der Heiden to
interview)
YS Chamber Press Release re: Closing of Antioch College
Evelyn LaMers re: Dayton St Bike Lanes/Opposition
Swansen reply to Pat Olds re: ADA Plan
Mayor's Monthly Statement
PUBLIC HEARINGS/LEGISLATION
1 st Reading re: Ordinance 2007-11 re: Charter Amendments. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. In their discussion regarding the charter amendments, Council agreed to change the language in the second amendment. There had been concerns on whether the township rep should have the right to vote as a member of Planning Commission. Council members Rickenbach, Van der Heiden and Wintrow voiced support to continue to have a Miami Township resident on Planning Commission and that that person would have voting privileges.
Rickenbach MOVED and Van der Heiden SECONDED a MOTION to amend Charter Amendment #2 to read that one of the members shall reside in Miami Township . The MOTION PASSED UNANIMOUSLY. Rickenbach MOVED and Hempfling SECONDED a MOTION to include Charter Amendment #2 with Charter Amendment #1. The MOTION PASSED UNANIMOUSLY. Rickenbach MOVED and Van der Heiden SECONDED a MOTION to APPROVE the AMENDED ordinance. The roll was called. The MOTION PASSED UNANIMOUSLY. The second reading and public hearing would be held on July 16 th .
1 st Reading of Ordinance 2007-12 re: Capital Funds. Van der Heiden MOVED and Rickenbach SECONDED a MOTION for APPROVAL. Swansen explained that the adding the additional funds to the budget would aid in tracking those capital expenditures and would be inline with municipal financing's "best practices".
Rickenbach MOVED and Hempfling SECONDED a MOTION to AMEND to ordinance to add in Section A, the Library and create a new Section labeled E that would add the Electric Improvement Fund for the purpose of funding future capital needs. The roll was called on the amendment. The MOTION PASSED UNANIMOUSLY. Van der Heiden MOVED and Rickenbach SECONDED a MOTION to APPROVE the AMENDED ordinance. The roll was called. The MOTION PASSED UNANIMOUSLY. The second reading and public hearing would be held on July 16 th .
1 st Reading of Ordinance and PH 2007-16 Supplement Appropriations as an
Emergency. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that this Supplement Appropriations would allow for adjustments to line items listed under Mayor's Court, Cable TV, US Army Corp and the County Auditor . The variance to the Annual Appropriations would be $ 477,182.
Rickenbach and Van der Heiden agreed to a friendly amendment to change to ordinance number from 2007-16 to 2007-13. Wintrow opened the public hearing. Having no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.
CITIZENS CONCERNS
Pat Murphy expressed concern that having reviewed the Comprehensive Plan, which is under review by Planning Commission is too lengthy and that there was no statement regarding growth. He added that the 4600-population size was also not referenced. Rickenbach explained that the figure was accepted but not formally adopted. Van der Heiden asked (1) If the figure would go into this latest revision; (2) What would be the definition of "growth" and "small community"; and (3) What is "restoration of population"? Swansen suggested that there has been a regional decline in population, employment and new job creation. He added that he supported a regional plan to address some of these concerns.
Joan Edwards asked if due to the recent decision to close Antioch College would Council consider closing the pool? She added that Council should allay any fears that are beginning to surface and develop a proactive plan to address the impact of the closing.
Ted Campbell suggested that the cabooses are becoming an eyesore and should be given away.
Wilfried Keller spoke of his concern regarding the lack of new businesses, residents relocating out of the Village, and the Antioch closing. Wintrow stated that there were many positive things going on in the Village.
SPECIAL REPORTS
CIP Presentation -Jerry Sutton representing the "Community Information Program" made a presentation to Council describing the information package that has been put together to promote the Yellow Springs. There is a new brochure, bumper stickers and new logo. The group has hosted a reception for realtors as one of its promotion activities.
OLD BUSINESS
Appointment to Library Commission. Van der Heiden explained that there were now three applicants to the Commission and that all three should be interviewed before an appointment is made. She added that the YSLA had reappointed Alice McKinney and Rebecca Eschliman to the Commission as their representatives. Van der Heiden MOVED and Rickenbach SECONDED a MOTION to confirm the appointments of McKinney through 2008 and Eschliman from 2007-2010 to the Library Commission. The MOTION PASSED UNANIMOUSLY. Van der Heiden is also considering amending the membership section of the ordinance regarding the Library Commission.
Rules and Procedures for Council. Wintrow reviewed the latest draft. Hempfling would like to insure that citizens would have the ability to read council documents prior to the meeting. Council Clerk Benning explained that documents are available at the Library, the Bryan Center Lobby, and the website. She added that she had no control over when the Library would have the packet out or when the website manager would have time to update the Village's site. She added that requests for documents are handled according to the Village's Public Records Request Policy and laws of the State. Rickenbach MOVED and Van der Heiden SECONDED a MOTION to APPROVE the Rules and Procedures Policy as amended. The MOTION PASSED.
NEW BUSINESS
Review of Due Process Policy for Council Employees. Village Solicitor John Chambers had sent suggested wording that could be added to the employment agreements of the Council employees. The language would insure due process would be provided to the employees. Council agreed to add the language to the employment agreements. A resolution amending the agreements would be drafted.
Planning and Zoning Report. Swansen reviewed the report, which had been submitted by Ed Amrhein, Assistant Planner. The report explained that there were fourteen zoning permits issued from January through March. Six permits were for single-family dwellings and the others were for accessory buildings and fences. The report also stated that the Board of Zoning Appeals had met on March 21 st to consider two variances and a special exception for Yellow Springs Home Inc. and for the property at 1227 Xenia Avenue.
MANAGER'S REPORT
Swansen referenced the closing of Antioch College , explained that Antioch is the Village's largest electrical customer. Swansen has had and will continue to have discussions with Chancellor Toni Murdock regarding the closing and sharing payroll information to help gauge the impact to the Village.
Swansen explained that although there are near drought conditions in the Village, the well capacity is more that adequate so there is no need for restrictions.
Swansen also reported with sadness the passing of 16-year old Samuel Mayenschien, the son of Electric/Water employee Dan Mayenschien.
STANDING REPORTS
Kathryn Chase Village Mediation Program. The VMP has had an active case load.
Kathryn Chase Community Council . Their next meeting will be July 19 th .
Judith Hempfling Environmental Commission
Karen Wintrow Chamber of Commerce (On file)
Kathryn Van der Heiden Reg. Planning & Coord. Com. Greene Cty.
Judith Hempfling Human Relations Commission . The HRC is continuing its work on the sidewalk project.
Kathryn Van der Heiden Library Commission . The Library needs some sidewalk repair and tree trimming. They would also like to review the lease agreement between the Village and the Greene County Library Association.
Kathryn Chase Cable Advisory Panel. (on file) The Panel has begun brainstorming for ideas on how to continue to operate with the advent of a reduction of funding due to the passing of HB 117.
Bruce Rickenbach Planning/Bike Comm./N. Gateway Commission (On file). The PC continues its review of the Comprehensive Plan. The new revision will include a preamble, principles and concepts regarding the New Urbanism and Smart Growth.
Karen Wintrow Miami Valley Regional Planning Commission (On file). MVRPC has used the Village's Facilities Planning Area maps as guidelines for other communities. The MVRPC is currently updating their Bike Trail Plan.
AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, July 16, 2007 in Council Chambers, John Bryan Community Center , 100 Dayton Street .
Items for discussion on Monday, July 16, 2007:
Overview & History Greenspace Fund/Protecting the Greenbelt/TLT
2nd Reading and PH Ordinance re: Charter Review
2nd Reading and PH Ordinances for Capital Improvement Funds (4)
Resolution and PH Approving the Tax Budget
Resolution Amending the Village Manager's Employment Agreement
Resolution re: Modifications to Paving
Resolution Amending Council Employee Agreements.
Resolution re: Sewer Extension/Glen Helen
1 st Reading of Ordinance re: Birch III
FUTURE AGENDA ITEMS
Village Solicitor Employment Agreement (8/6)
CEMEX Letter
Caboose Update
Library Commission/Terms
Library Lease
ERLF Application-Don Beard
YS Tree Committee re: Proposed Tree Survey
Personnel Policy Manual-Amending Removal of Office/Council Employees
Annexation
Ordinance re: Control of Demolitions
Guidelines for Utility Resolution Dispute Commission
Fairfield Pike/Polecat Rd Citizen's Petition Update
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan
EXECUTIVE SESSION
There was no Executive Session scheduled.
ADJOURNMENT
Having no further business, Rickenbach MOVED and Van der Heiden SECONDED a MOTION to ADJOURN. The MOTION PASSED at 9:45 p.m.
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Karen Wintrow, Vice President of Council
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Deborah Benning, Clerk of Council
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