RECORD OF PROCEEDINGS

MEETING OF COUNCIL

November 26, 2007

 

 Mayor Beyer called the City of Union council meeting to order on November 26, 2007, Monday night at 7:30. 

 

            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.

 

          Mrs. Winemiller checked her messages during the meeting and there had been no call from Mrs. Terry.  Mayor Beyer asked if there was a motion to excuse her absence and no one made a motion.  Mrs. Terry’s absence was not excused. 

 

          Mayor Beyer called for a moment of silence.

 

          1.       Mr. Applegate said that today, the city had received the certified results of the election from the Board of Elections.  According to the city charter, once the certified results are received, the term ends for the person who is serving the unexpired term.   That person would need to be sworn in again.    The agenda is amended because they just received the results that day and would be able to swear the council member in.  Mr. Applegate invited Mr. Moore to make any additional comments and Mr. Moore agreed that this was a provision of the charter dealing with this exact situation. 

 

          Mayor Beyer asked Mr. Moore to swear in Mrs. Perkins.  Mrs. Perkins was sworn in as council member for the term 11/26/2007 to 12/31/2009.             

 

          2.       Mayor Beyer asked if there were any additions or corrections to the council minutes from the November 13, 2007 council meeting.  There were no corrections so Mr. Bruns moved that the council minutes of November 13, 2007 be accepted as prepared.  Mayor Beyer seconded the motion.  All concurred and the minutes were accepted as prepared.

 

          3.       Citizens’ and Visitors’ Comments

 

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

 

4.       SECOND 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. O’Callaghan moved to have the second reading of Ordinance 1437.  Mr. Bruns seconded the motion.  All concurred and Ordinance 1437 was passed to the third reading.  

 

5.       ONE READING – ORDINANCE 1440 – AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE BOARD OF MONTGOMERY COUNTY COMMISSIONERS.  (waive three readings)

 

          Mr. Applegate said this ordinance deals with the city entering into an agreement with the Board of County Commissioners where the city will allow them to tie into the sanitary sewer from an area outside of the City of Union that is currently Clayton.   This has been in the city’s facility planning area that was approved back in 1979 or 1980.  Everything that was done with the system, as far as trunk lines installed, etc. was done with the plan to serve that area if it was ever annexed into the city. 

          Mr. Applegate said he has attended several meetings for the facilities planning area as part of the Clean Water Act and there is an ongoing process. The staff recommends the passage of this Ordinance and to extend the service to the area outside of the city corporate boundaries. 

          Mr. Bruns clarified that the city was not running any lines or incurring any additional expenses.  The county would be doing that.  Mr. Applegate said that was correct.  The ordinance did allow for a shared cost if there was something that would be mutually beneficial for the City of Union.  Right now there is no such area. 

          Mrs. Perkins had a question and referred to the map.  Mr. Applegate said there was an area through boundary adjustments that would come into the city if the property owner agreed to it.   The rest of the shaded area is the Facilities Planning area.

 

          Mr. Applegate said there was a time line from the Miami Valley Regional Planning Commission and they would like this effective by January 1, 2008, so that is why they were asking for only one reading of this Ordinance.

 

           Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1440.  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 1440.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1440 was adopted.

 

          Mr. Applegate said for clarification, he would like to say that for properties outside of the City of Union, the sewer rate was twenty-five percent higher.

 

6.       ONE READING – RESOLUTION 07-12 – A RESOLUTION ACCEPTING A DEED OF CONSERVATION EASEMENT FROM JOSETTA M. ALLEN.

         

          Mr. Applegate said that the Dave Allen and Josetta M. Allen had approached the city on accepting a deed of conservation easement.  Mr. Allen was born and raised in Union and is doing the small seven unit subdivision on State Route 48.  Mr. Applegate said the city has always been very involved in protecting their resources and were the first community to pass an ordinance recognizing the Stillwater River as a scenic river, and have always been a good steward of the aquifer and well fields.  They have offered this deed of conservation that goes along with the goals and policies that the city always tried to do.  This area is north of the city, by Ludlow Falls, and if this is accepted by the council, the Allen’s will give the city $5,000.  Mr. Applegate said he would recommend that they do this.  There is no cost to the city.  It would be the city’s stewardship to make sure that no gravel mining would ever take place on the property but any maintenance or costs would be paid by the Allen’s as they still own the property.  This protects the Stillwater River.    

         

Mr. Bruns moved to have the one and only reading and adopt Ordinance 07-12.  Mayor Beyer seconded the motion.  All concurred and Resolution 07-12 was adopted.

 

7.       Open Agenda

 

          Mrs. Perkins asked if they would be extending the leaf pick up program.  Mr. Applegate said they would probably extend it a few weeks in December.

 

          Mrs. Goudy said the lighting in the city is beautiful.

 

          Mr. O’Callaghan said he was going to comment on that also.  He also thanked everyone for coming to the tree lighting, despite the cold and bad weather.  There were approximately 75 kids that showed up to visit with Santa Claus.  He thanked Mrs. Kyle, John and Carolyn Bruns, Mrs. Winemiller, John and Sharon Applegate, the police and fire departments, and the Ladies of the LaSertoma Club who provided the doughnuts.

 

          Mrs. Kyle asked about the leaf pick up program.  Mr. Applegate said this was new equipment and due to the different vacation schedules, they had three different operators on the equipment.  They had been able to pick up leaves in the rain with the new machine but there was a period of adjustment in getting used to the equipment. 

 

          Mr. Bruns said there was no motion made to excuse Mrs. Terry due to the fact that she did not call in as required.  At the last meeting she missed, she had called in with a reason and was excused from attending the meeting. 

 

          Mr. Applegate said the tree lighting was very nice and they were able to open the doors and get everyone inside of the new firehouse.  Mr. Applegate said they had a lot of good comments and the fire station looked great.  Mr. Applegate said the station was one of the best things the city has done. 

Respectfully submitted,

         

 

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Denise A. Winemiller, Clerk of Council

                                                                                           

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Michael O’Callaghan, Vice Mayor