Council
of the Village of Yellow Springs
IN COUNCIL CHAMBERS March 19, 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.
ROLL CALL
Karen Wintrow, Judith Hempfling, Kathryn Chase and Kathryn Van der Heiden were present as well as the Village Manager Eric Swansen. Bruce Rickenbach was absent.
ANNOUNCEMENTS
The Grand Opening of the Coretta Scott King Center at Antioch College will be held March 27, 2007.
The Art Center Steering Committee will be host a series of workshops regarding the possibility of an arts center in the Village beginning March 23 rd .
REVIEW OF THE MINUTES
Review of the minutes from March 5, 2007 regular meeting. Van der Heiden MOVED and Chase SECONDED a MOTION to APPROVE the minutes as submitted. The MOTION PASSED.
REVIEW OF AGENDA
Council agreed to (1) move Greene County Career Center Levy under Citizens Concerns immediately following Petitions/Communications; (2) move the Pre-Annexation discussion along with Chase's memo to the first item under Old Business, and (3) combine the Green Pricing with Energy-Conservation under Old Business.
PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletter(s)
Christine O. Roberts re: Fogg Farm Annexation
Home Inc. re: Fogg Farm Annexation (Moved to Pre-Annexation Discussion)
Dimi Reber re: Energy Plan
Shelley Wing re: Traffic & Parking/Shawnee Drive
Senator George Voinovich re: Financial Management Seminar
Kelly O'Keefe re: Downtown Parking (Directed to Staff)(Future Agenda)
Greene County Parks Weekender
David Hergesheimer re: Fogg Farm Annexation
Eric Swansen re: Organizational Chart
Connie Collett re: Invitation/Karl Colon
Time Warner Cable re: On Demand Programs
YS Library re: Teen Book Nook
Legislative Committees Weekly Report
Anne Whitaker re: Energy Conservation
Suzanne Clauser re: Fogg Farm Annexation
Announcement re: Planning and Zoning Commission Workshop
Legislative Bulletin from March 16 th
House Bill 3 and 4 (Swansen & Wintrow would respond.)
CITIZENS CONCERNS
Greene Vocational School-Levy . Eric Ulmes spoke on behalf of the Career Center, urging support for the levy.
PUBLIC HEARINGS/LEGISLATION
2 nd Reading and Public Hearing of Ordinance 2007-03 Deferred Comp Plan. Hempfling MOVED and Chase SECONDED a MOTION for APPROVAL. Swansen explained that this would be an employee benefit similar to a 401K Plan. The employee contributes pretax dollars into their account. The Village provides no matching funds.
Wintrow opened the public hearing. Having no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution 2007-04 re: Facilities Planning Area Expansion-Jacoby Creek. Hempfling MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Village Planner Hawkey explained that the map outlined the Facilities Planning Area in which the Village as the Designated Management Agency of the area would have input into any development that could affect the ground water supply. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution 2007-05 re: Business First/Business Retention. Chase MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that this allows the Village to join other municipalities in a regional business retention effort. This group, which includes 18 cities, 10 villages and 16 townships throughout a five county area would support and encourage retention and expansion of existing businesses. The roll was called. The MOTION PASSED UNANIMOUSLY.
CITIZENS CONCERNS
Mary Donahue spoke on behalf of the Growth Smart Coalition. She explained that if Council passed the annexation request on the Fogg property that her group would work for a referendum on that legislation. She also asked that a charter amendment be drafted that would allow the residents to vote on any annexation request.
Christine Roberts asked that Council reconsider the information from the Cost of Benefit Analysis before making a decision on the annexation.
Bob Baldwin explained that the Village needed to increase its population and its revenue.
SPECIAL REPORTS
Annual Report-Library Commission. Connie Collett, Head Librarian from the Yellow Springs Public Library gave an overview of the Library Commission's annual report. The items that were request included but were not limited to a thorough assessment of the building, soundproofing for meeting room wall, and repair of one remaining porch. (See report).
Annual Report-Environmental Commission. Delaine Adkins gave a review of the Environmental Commission's annual report. The highlights of the report were the sponsoring of an Eco-Yard Tour and a village clean-up day in celebration of Earth Day. The Commission is currently working on a history of the Jacoby greenbelt. Council thanked Adkins for her hard work during her tenure on the Commission. Adkins had just recently resigned. (See report).
OLD BUSINESS
Pre-Annexation Agreement. Swansen reviewed the draft of the pre-annexation agreement that he had worked on with Doug Miller of the Fogg property. Swansen reported that Miller was amiable to the points previously discussed with Council.
Wintrow asked regarding the Energy Star program, who would be responsible for the $650 cost per home. Swansen stated it would be the developer. Wintrow referring to the recycling of building materials asked if they would be according to the recommendations from the Leeds program. Swansen answered yes. Wintrow expressed concern regarding the pedestrian/bike path not being the usual 10'. Hawkey explained that he supported the 10' width instead of 6' indicated by Miller, but added that the additional 4' could be added at a later date. Wintrow asked if the proposed "tot lot" could be added to the village's parks department if there was no homeowner's association? Swansen stated that he would support a homeowner's association rather than add the cost of maintenance on an additional park.
Van der Heiden asked if the tot lot could wait until after the homeowner's association was established? Swansen explained that the PUD requires land be set aside early on in the process prior to the establishment of a homeowner's association.
Marianne MacQueen, speaking on behalf of Home Inc. supported 25% of the Fogg property development be set aside for affordable housing. She added that the developer could partner with a non-profit group like Home Inc. to make half of those affordable homes available to people below the median income level. She further added that she would like to also see rental units and perhaps have the affordable units "permanently affordable".
Hempfling suggested that Home Inc. meet with Miller to discuss a possible partnership for developing the affordable housing initiative. Council supported the suggestion.
Hempfling added that the following (1) inclusionary zoning; (2) the future of the Glass Farm; and (3) updating of the zoning code; could be added to Council's future discussions.
Peggy Erskine expressed concern regarding rental units and who would manage them.
Chase expressed concern about adding another layer such as the meeting with Home Inc. as a precursor to the pre-annexation agreement.
Council agreed thar a special meeting for April 23 rd that would give the Village Solicitor time to finalize the pre-annexation agreement and Home Inc. time to meet with Miller. Council also would like to know more information regarding "rentals".
Energy Conservation. Hempfling commended Swansen on the great research findings he had distributed to Council. Hempfling and Wintrow are drafting a charge for an energy committee. They would report back to Council.
Legislation re: Green Pricing. Council also agreed that any questions regarding "green pricing" be forwarded to Swansen. Council also agreed to continue this discussion at a later date.
At 10:58 p.m. Council agreed to take a brief recess. Council returned to the Council table at11:04 p.m.
Council Retreat. Some council members were concerned about how to honor the Ohio Sunshine Law and Open Meetings Law during the retreat. Hempfling would like the retreat open to the general public and that they are urged to attend. The Clerk explained that the retreat was just like any meeting of council and that it would have to meet the same law requirements. The Clerk further explained that in the past, the council president asked that the public honor council's need to have the retreat and not attend. Van der Heiden suggested that the retreat was a way for Council to look at their processes and address how they could be more effective. Hempfling stated that she would not ask the public not to attend and was very uncomfortable with that position. The retreat is scheduled for March 31 st from 9 a.m. to 4p.m. in the Presbyterian Church with Bruce Heckman facilitating. Lunch would be served.
NEW BUSINESS
There were no items under New Business.
MANAGER'S REPORT
Swansen's report included: (1) the farm lease bid packet is out; (2) the pool hiring will begin soon with Tina Fox overseeing the pool operations; (3) there were some sewer backup problems that affected a building at Antioch; and (4) Amrhein and Hawkey are working to finalize a list of street overlays to be included in the County's bidding process. (See report).
STANDING REPORTS
Kathryn Chase Village Mediation Program
Bruce Rickenbach Community Council
Judith Hempfling Environmental Commission (On file)
Judith Hempfling Human Relations Commission (On file)
Kathryn Van der Heiden Library Commission
Kathryn Chase Cable Advisory Panel (on file)
Karen Wintrow Chamber of Commerce (On file)
Kathryn Van der Heiden Reg. Planning & Cord. Com. Greene Cty. (On file)
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, April 2, 2007 in Council Chambers, John Bryan Community Center, 100 Dayton Street.
Items for discussion on Monday, April 2, 2007:
Human Relations Commission Annual Report
Bike Enhancement/Northern Gateway Annual Report
Planning Commission Annual Report
2 nd Reading & P.H.-Fogg Annexation Request
Cabooses-Rickenbach Memo
Unified Building Code
1 st Reading of Ordinance: Mutual Aid Agreement/AMP-Ohio
Resolution re: Master Services Agreement/AMP-Ohio
Resolution re: WASG Power Pool Schedule/AMP-Ohio
Legislation re: Green Pricing
Resolution re: Village Manager's Employment Agreement
Resolution re: Mayor's Computer Fund
FUTURE AGENDA ITEMS
Annual Report-Cable Advisory Panel & Channel 13 (4/19)
Annual Reports-Commissions/Committees/Boards
Energy-Generation/WASG
Farm Leases
Audit Conference
Ordinance re: Control of Demolitions
Appointment to HRC, DAC & EC
Guidelines for Utility Resolution Dispute Commission
Fairfield Pike/Polecat Rd Citizen's Petition Update
Greenspace Fund
Protecting the Greenbelt
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan
Phil Hawkey had asked that he be given time to speak to council. Hawkey, who is retiring soon stated his concerns and support of the work that Council has undertaken. He spoke about the challenges and rewards in his role as Village Planner and the Interim Village Manager. Hawkey asked that Council move forward with their decision regarding the Fogg property. He explained that if Council were to make their decision soon, it would enable a special election to be held in August if there was a referendum. He further explained that if there was a referendum the vote should be before the general election. There would be three council seats to be filled at the general election.
EXECUTIVE SESSION
Van der Heiden MOVED and Chase SECONDED a MOTION to ADJOURN to Executive Session for a discussion on Confidential Matters in accordance with the Ohio Revised Code 121.22 (G)(5). The MOTION PASSED UNANIMOUSLY.
Hempfling MOVED and Van der Heiden SECONDED a MOTION to RETURN to the General Session. The MOTION PASSED UNANIMOUSLY.
ADJOURNMENT
Having no further business, Hempfling MOVED and Chase SECONDED a MOTION to ADJOURN. The MOTION PASSED.
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