RECORD OF PROCEEDINGS

MEETING OF COUNCIL

November 13, 2007

 

 

The City of Union council meeting was called to order by Mayor Beyer on November 13, 2007, at 7:30 p.m. 

 

          Attendance was taken and the following council members were present:  Mr. Bruns, Mrs. Kyle, Mayor Beyer, Mr. O’Callaghan, Mrs. Goudy, 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 Beyer asked Mrs. Winemiller about Mrs. Terry.  Mrs. Winemiller said Mrs. Terry had called in saying she was sick and had asked to be excused.

 

          Mrs. Terry’s absence was excused in the open agenda portion of the council meeting.

 

          Mayor Beyer called for a moment of silence.

 

          1.       Mayor Beyer asked if there were any additions or corrections to the council minutes from October 22, 2007.  There were no corrections so Mr. O’Callaghan moved that the council minutes be accepted as prepared.  Mrs. Kyle seconded the motion.  All concurred and the council minutes were accepted as prepared.

 

          2.       Citizens’ and Visitors’ Comments

 

          There were no comments from the citizens and visitors in the audience.

 

3.       THIRD READING – ORDINANCE 1435 – AN ORDINANCE ESTABLISHING REGULATIONS FOR REMOVAL OF ANIMAL DEFECATION IN THE CITY OF UNION, OHIO.  (three readings)

 

           Mr. Bruns moved to have the third reading and adopt Ordinance 1435.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1435 was adopted.

 

4.       THIRD READING – ORDINANCE 1436 - AN ORDINANCE GRANTING TO VECTREN ENERGY DELIVERY OF OHIO, INC. AND INDIANA GAS COMPANY, INC., AS TENANTS IN COMMON, ITS SUCCESSORS AND ASSIGNS, A GAS FRANCHISE IN THE CITY OF UNION, STATE OF OHIO, FOR A PERIOD OF FIVE (5) YEARS, AUTOMATICALLY RENEWING FOR ADDITIONAL PERIODS OF TWO (2) YEARS UNLESS NOTICE IS GIVEN, COMMENCING ON THE EFFECTIVE DATE OF THIS ORDINANCE.  (three readings)

 

Mayor Beyer moved to have the third reading and adopt Ordinance 1436.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1436 was adopted.

 

5.       FIRST READING – ORDINANCE 1437 - AN ORDINANCE AMENDING CHAPTER 941.04 RATES OF THE UNION CODE, RELATING TO CHARGES FOR STORM DRAINAGE SERVICE CHARGE.  (three readings)

 

Mr. Applegate said that this ordinance increased the charges for the storm water utility system.  Mr. Applegate said they have discussed this with the budget committee and postponed making a change for the last two years.  To comply with the Ohio EPA stormwater regulations permit and what may be expected in the future, they are asking the council to look at this ordinance which increases the rate annually to twenty-five cents additional per month, over a four year period.  Mr. Applegate said that this will let them increase the amount of catch basins repaired and replaced and they would have the funds to replace some of the storm sewers.

 

Mr. Applegate said the permit comes due next year and there will be additional requirements.  He said once they see what is required in the permit renewal process they may have to change this charge in another year or so.  Mr. Applegate said this increase will bring in about $7,500 per year and to replace a catch basin costs from $800 to $1,200 each.  They replace ten a year, and would like to increase it to fifteen or even twenty a year.  He was asked how many catch

basins there were in the city and Mr. Applegate speculated about 1,000 or so.  Due to the economic times, they want a small, gradual increase to the citizens.

 

Mr. Bruns moved that they have the first reading of Ordinance 1437.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1437 was passed to the second reading.

 

6.       ONE READING – ORDINANCE 1438 - AN ORDINANCE ADOPTING A STATEMENT INDICATING THE SERVICES THE CITY OF UNION, OHIO, WILL PROVIDE TO THE 78.489 ACRE TERRITORY PROPOSED TO BE ANNEXED FROM BUTLER TOWNSHIP, MONTGOMERY COUNTY TO THE CITY OF UNION AND BUFFER REQUIREMENTS THE CITY WILL ENFORCE AS PROVIDED BY OHIO REVISED CODE SECTION 709.023 AND DECLARING AN EMERGENCY.

 

                   Mr. Applegate said this was the annexation that went all the way to the Supreme Court where the city received a decision in the early part of the year.  This was concerning that certain township roads have right of way that goes to the center of the road.  This annexation deals with one owner, Don Thies, and there is a memorandum of explanation and a map attached to the ordinance.  This is a re-filing of this annexation to comply with the Supreme Court decision and that is why it needs to be done as an emergency.  The ordinance needs to be adopted within twenty days. 

 

                   In response to a question from Mrs. Perkins, originally the city took in the road.  Since some of the properties go to the middle of the road, now they are only taking in Don Thies’ property.

 

 

 

                   Mr. Bruns moved that Ordinance 1438 be declared an emergency for the reasons set forth in the ordinance.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.

 

Mr. Bruns moved to have the one and only reading and adopt emergency ordinance 1438.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1438 was adopted.

 

7.       ONE READING – ORDINANCE 1439 - AN ORDINANCE REPEALING AND REPLACING CHAPTER 751 OF THE CODIFIED ORDINANCES OF THE CITY OF UNION REGARDING CABLE TELEVISION SYSTEMS AND COMPETITIVE VIDEO SERVICE IN ORDER TO COMPLY WITH THE ENACTED OHIO SENATE BILL 117 AND DECLARING AN EMERGENCY.

 

                   Mr. Applegate said this is the end result of Senate Bill 117.  Information on the franchise agreement, a memorandum from the city’s attorney, and new code sections due to the passage of Senate Bill 117 were all included in the council’s information. 

                   Mr. Applegate said the most important information was concerning the video service authorization (VSA) which is under state law, and that the city is expecting a notice from Time Warner.  The city has ten days to let Time Warner know that the city still wants to collect the franchise fees, which amounts to fifty-six to fifty-seven thousand dollars to the general fund.  Mr. Applegate said it also appears that the city would lose fifteen to thirty-three percent.  They asked that this be treated as an emergency because the city cannot afford to lose the money.

                   Mr. Applegate said that the cities have been asked to react very quickly.  This VSA or new franchise fee agreement is good for ten years.  The city has to comply with meeting the ten day requirement.   Mr. Applegate said they need to comply according to the advice of their attorney.

 

 

                  

The purpose of this ordinance is that the city can continue to collect the franchise fees like they have done in the past. 

 

                   Mr. Bruns moved that Ordinance 1439 be declared an emergency for the reasons set forth in the ordinance.  Mayor Beyer seconded the motion.  All concurred and the motion was passed.

 

                   Mr. Bruns then moved to have the one and only reading and adopt emergency ordinance 1439.  Mayor Beyer seconded the motion.  All concurred and Ordinance 1439 was adopted.

 

8.       ONE READING – RESOLUTION 07-10 - A RESOLUTION DECLARING THE OFFICIAL INTENT AND REASONABLE EXPECTATION OF THE CITY OF UNION ON BEHALF OF THE STATE OF OHIO (THE BORROWER) TO REIMBURSE ITS SEWER FUND FOR THE PHILLIPSBURG-UNION ROAD RELIEF SANITARY SEWER PROJECT WITH THE PROCEEDS OF TAX EXEMPT DEBT OF THE STATE OF OHIO. 

 

                   Mr. Applegate said that this resolution is a requirement of the state for Issue II funds.   Mr. Applegate said they did the same thing for the Rinehart Road lift station.  This requirement has to be done so the funds are received.

 

                   Mr. O’Callaghan moved to have the one and only reading and adopt Resolution 07-10.  Mayor Beyer seconded the motion.  All concurred and Resolution 07-10 was adopted on the first reading.

 

9.       ONE READING – RESOLUTION 07-11 - A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LAW OFFICE OF THE MONTGOMERY COUNTY PUBLIC DEFENDER TO PROVIDE LEGAL SERVICES FOR INDIGENT PERSONS CHARGED WITH JAILABLE OFFENSES UNDER THE CITY’S LOCAL ORDINANCES.

 

                   Mr. Applegate said this was the city’s annual service agreement for indigents that are charged with city ordinance violations.  The city passes this every year.  It is the staff’s recommendation and the law director’s that this resolution be adopted.

                  

                   Mr. O’Callaghan moved to have the one and only reading of Resolution    07-11.  Mr. Bruns seconded the motion.  All concurred and Resolution 07-11 was adopted on the first reading.

 

        10.       Open Agenda

 

          Mrs. Goudy said it looked like a lot of leaves were getting picked up and she asked how the new leaf machine was doing.  Mr. Applegate said they were still getting used to it but the pick up was going faster.  He said with the cost of fuel, it helped that they did not need to make as many trips.   They could also continue to pick up leaves during rainy weather with the new machine.

 

          Mr. O’Callaghan congratulated everyone that was re-elected to the city council and congratulated Pat Goudy for being elected as Mayor.

 

          Mr. O’Callaghan also reminded everyone that the tree lighting ceremony was going to be on November 25, the Sunday after Thanksgiving, at 6:00 p.m. at Montgomery Street and Martindale Road.   

 

          Mr. Bruns said the tree trimming done on Main Street looked really good. 

 

          Mr. Bruns moved to excuse Mrs. Terry’s absence from the City of Union council meeting.  Mrs. Goudy seconded the motion.  All concurred and Mrs. Terry’s absence was excused.

 

          Mr. Applegate said that Mr. Deal was attending the council meeting and he owned land on the east side of the river. 

 

          Mr. Applegate asked the council to set a public hearing date for two properties.  The first property is located on the south side of Old Springfield Road and is zoned Residential-4.  The second property located on the north side of Old Springfield Road is zoned Agricultural-Residential.  Both properties were to be

 

changed to Light-Industrial.   This would be part of the application the city was working for in the job-ready program. 

 

          Mr. Applegate said they would be filing a preliminary application with the state in January and they would like to have this property re-zoned.  The airport property is to the east and the property is contiguous to other Light-Industrial zoned property. 

 

          Mr. Bruns moved to set a public hearing date for January 14, 2008, for the rezoning of the acreage.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.  The public hearing date will be on January 14, 2008. 

 

          Mr. Applegate said the Phillipsburg-Union Road project will start the following day and the signs will be going up to close the road.  The manhole that they were waiting for has arrived. 

 

          Mr. Applegate also reported that the Rinehart Road lift station project has been completed. 

 

          Mr. Moore said that they are pursuing various zoning cases that are in Vandalia court.  They are enforcing the City of Union zoning code.

 

          Regarding the resolution on the public defender agreement, when there is a case where someone can go to jail and they are indigent, they have the right to have an attorney appointed for them.  That is why there are public defenders.  It is mandated by Supreme Court case law. 

          Mr. Moore added that most of the zoning cases that were filed by the City of Union were not jailable offenses, just fines.  So those cases would not have a public defender attached to them. 

 

                             11.     Mr. O’Callaghan moved that the council meeting be adjourned.  Mayor Beyer seconded the motion.  All concurred and the November 13, 2007 City of Union council meeting was adjourned.

 

 

Respectfully submitted,

         

 

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Denise A. Winemiller, Clerk of Council

                                                                                           

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Michael O’Callaghan, Vice Mayor