RECORD OF PROCEEDINGS

MEETING OF COUNCIL

April 28, 2008

 

Mayor Goudy called the April 28, 2008 City of Union council meeting to order on Monday evening at 7:30.  Attendance was taken and the following council members were present:  Mr. Bruns, Mrs. Kyle, Mayor Goudy, Mr. O’Callaghan, Mr. Blackwell, and Mrs. Perkins.

 

          Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director. 

 

          Mayor Goudy called for a moment of silence.

 

          1.       Mayor Goudy asked if there were any additions or corrections to the minutes of April 14, 2008 meeting.  There were no changes mentioned so Mr. Bruns moved that the minutes be accepted as prepared.  Mr. O’Callaghan seconded the motion.  All concurred and the motion passed.

 

Mayor Goudy said that Mrs. Terry had an illness in the family so she moved to excuse Mrs. Terry from attending the council meeting.  Mr. Bruns seconded the motion.  All concurred and her absence was excused.

 

          2.    Mayor Goudy asked if any citizens and visitors had comments or questions on any subject other than the matter for the public hearing.  There were no comments.

 

3.       Public hearing on rezoning application for 119 S. Main Street from C-2, Commercial –2 Zoning to C-1, Commercial – 1 zoning. (Leisure Living property)

 

          Mayor Goudy opened the public hearing. 

 

          No citizens indicated that they wanted to speak during the public hearing.  Mrs. Winemiller said Mary Anne Schellhaas, the owner of the property, Leisure Living was present.

 

          Mayor Goudy checked to see if anyone wanted to address the council concerning the public hearing.

 

          Mr. Applegate said he would like to state for the record that the rezoning matter had been advertised as required by law and adjoining property owners had been contacted as required by the Ohio Revised Code.

 

          Only one person, Mr. Gilleland, of Babes In Toyland, 121 South Main Street, had looked at the file.  There had been no comments on the zoning change.  Mr. Applegate said that it was the staff’s recommendation that the rezoning of the property be approved and since there were no comments opposed to the change, it should be passed as an emergency. 

 

          Mr. Bruns commented that the size of the building for retail operation was 4,500 to 5,000 square feet and in the C-2 zoning, it mentions small retail shops less than 1,200 square feet.  Mr. Bruns said it was very obvious that this property should be zoned C-1.   Mr. Applegate agreed that it was obviously a commercial building.

 

          There were no more comments so Mayor Goudy closed the public hearing. 

 

4.       ONE READING - ORDINANCE 1447 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED AND DECLARING AN EMERGENCY.  (Leisure Living property, 119 S. Main)

 

Mr. Bruns moved that Ordinance 1447 be declared an emergency for the reasons set forth in the ordinance.   Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1447 was declared an emergency.

 

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance 1447.  Mr. O’Callaghan seconded the motion.  All concurred and emergency Ordinance 1447 was adopted. 

           

5.       ONE READING – ORDINANCE 1448 - AN ORDINANCE ACCEPTING THE BID FROM JOHN R. JURGENSEN COMPANY FOR THE PHILLIPSBURG-UNION ROAD RELIEF SANITARY SEWER/ASPHALT RESURFACING PROJECT IN THE CITY OF UNION. (waive three readings)

 

          Mr. Applegate said Phillipsburg-Union Road was now open and the city has posted signs that it is a rough road.  With the completion of the sidewalks and catch basins, they will resurface the road the end of May or the first part of June. 

          The City has gone out for bids and the lowest and best bid was from John Jurgenson Company. 

 

          Mr. Bruns moved that they suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1448.   Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.

 

          Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1448.    Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1448 was adopted.

 

6.       Open Agenda

 

Mr. Blackwell thanked everyone for coming to the meeting. 

 

Mr. O’Callaghan said he thought that the Phillipsburg-Union Road surface was really pretty smooth.

 

Mayor Goudy said she thought that, at usual the city had done a top-notch job.  She knew that there were a few disgruntled homeowners but she thought that the city did a wonderful job in getting the road back open in a very expedient manner. 

 

Mr. Bruns said the reason for waiving the three readings on Ordinance 1448 was so that they could get this project under way and not wait another month and a half. 

 

Mr. Applegate said he wanted to comment about the article in the Dayton Daily News.  He said they still had a suit against the Ohio E.P.A. concerning TMDL readings in the Stillwater River.  He said this is a step in the right direction, where the Ohio E.P.A. has finally accepted the results from the last two years from the Miami Conservancy District, showing the pollution is much less.  He said he would keep the council posted on this matter.  

 

7.       Mrs. Kyle moved that the council meeting be adjourned.  Mr. O’Callaghan seconded the motion.  All concurred and the council meeting was adjourned.

 

Respectfully submitted,

           

 

________________________________

Denise A. Winemiller, Clerk of Council

                                                                                           

____________________________

Michael O’Callaghan, Vice Mayor