RECORD OF PROCEEDINGS

MEETING OF COUNCIL

April 26, 2010

 

 

 

          The April 26, 2010 City of Union council meeting was called to order by Mayor Goudy at 7:30 p.m. on Monday.  Attendance was taken and the following council members were present:  Mr. Bruns, Mrs. Oberer, Mrs. Kyle, Mayor Goudy, Mr. O’Callaghan, Mr. Blackwell, and Mrs. Perkins.

 

          Other city staff members present were John 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 from the minutes of April 12, 2010.  There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared.  Mrs. Oberer seconded the motion.  Mrs. Goudy abstained and the other council members voted in favor of the minutes.  The minutes were accepted as prepared.

 

          2.       Mayor Goudy asked if there were any citizens and visitors comments on matters other than the public hearing on the rezoning.  There were no other comments.

 

          3.       Public Hearing on request for change of zoning district for 78 acres known as Waterwheel Farm from A-R, Agricultural-Residential to L-I, Light- Industrial.

 

          Mayor Goudy said they had distributed forms for anyone wishing to speak at the public hearing.  She asked that anyone that wanted to speak but had not received a form let her know.  There was no one that still needed to complete a form so Mayor Goudy called the public hearing to order.

 

          Mr. Applegate was the only one wishing to address the council so Mayor Goudy asked Mr. Moore to swear in Mr. Applegate.  Mr. Applegate was sworn in.   

 

          Mr. Applegate explained that this was a request on a zoning change on a property that was annexed and recently accepted by the city.  He indicated the area shown on the map.  The property is owned by Waterwheel Farms and is approximately 78 + acres.  Currently the land is zoned as Agricultural-Residential.  As required, all of the adjoining property owners have been sent letters notifying the owners of this public hearing.  This acreage is a part of the area that city would like to tie into the Jobs Ready Application for Light Industrial development located by the airport.

 

          Mr. Bruns said they were only looking at a 78 acre section and this property has nothing to do with other properties.  Mr. Bruns added that this rezoning does not concern what the public knows as Waterwheel Farm on Main Street.  Mr. Applegate said that was correct and he introduced property owners, Mr. and Mrs. Don Thies.  Mr. Bruns said he wanted to make sure that everyone knew this zoning change only involved a small section of land by Dogleg Road and Jackson Road.

 

          Mrs. Perkins commented that this property was not in the flood plain or within the Miami Conservancy District.  Mr. Applegate said that was correct and he pointed out the location of the flood plain on the map. 

 

          Mayor Goudy asked if Mr. Thies wanted to make a statement so Mr. Thies was then sworn in by Mr. Moore.  Mr. Thies said that the property had been zoned Agricultural-Residential.  He had sold some lots as residential properties and roughly fifteen houses had been built.  The houses had been purchased by the airport and then were torn down.  Mr. Thies said the only use for the property was industrial. 

 

          Mayor Goudy thanked Mr. Thies.

 

          Mr. Applegate said it was the staff’s recommendation that the council approve Ordinance 1488 because it ties in with the city’s long range plans. 

 

          4.       ONE READING – ORDINANCE 1488 - 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. (Thies, Waterwheel Farm 78 acres)

 

          Mrs. Perkins asked why this ordinance was being declared an emergency.  Mr. Applegate said with the planning that was taking place and with the Jobs Ready application and a potential user for part of the ground, the city needed to have this area zoned industrial and ready to go.

 

          Mr. Bruns moved that Ordinance 1488 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 then moved to have the one and only ruling and adopt emergency ordinance 1488.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.

 

          5.       THIRD READING - ORDINANCE 1491 - AN ORDINANCE GRANTING TO PIONEER RURAL ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO ACQUIRE, CONSTRUCT, MAINTAIN AND OPERATE IN THE STREETS, THOROUGHFARES, ALLEYS, BRIDGES AND PUBLIC PLACES OF THE CITY OF UNION, STATE OF OHIO AND ITS SUCCESSORS, LINES FOR THE DISTRIBUTION OF ELECTRIC POWER AND ENERGY TO PARTS OF THE CITY OF UNION AND THE INHABITANTS THEREOF FOR LIGHT, HEAT, POWER AND OTHER PURPOSES AND FOR THE TRANSMISSION OF THE SAME WITHIN, THROUGH OR ACROSS SAID CITY OF UNION, STATE OF OHIO. (three readings)

 

          Mr. O’Callaghan moved that they have the third reading and adopt Ordinance 1491.  Mrs. Oberer seconded the motion.  All concurred and Ordinance 1491 was adopted.

 

          6.       THIRD READING - ORDINANCE 1493 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

 

          Mr. Bruns moved that they have the third reading and adopt Ordinance 1493.  Mr. Blackwell seconded the motion.  All concurred and Ordinance 1493 was adopted.

 

          7.       FIRST READING – ORDINANCE 1495 - AN ORDINANCE EXPRESSING THE CITY’S INTENT TO NEGOTIATE JOINTLY WITH OTHER CITIES IN THE REGION ON ONE PRICE SCHEDULE UNDER WHICH ELECTRIC LIGHT SERVICES SHALL BE FURNISHED TO THE RESIDENTS OF THE CITY FOR THE PURPOSE OF STREET LIGHTING.

(three readings)

 

Mr. Applegate said that this ordinance would authorize the city to participate with other cities and villages in the region to negotiate a common contract.  The current contract expires December 10 of this year.  Mr. Applegate said they had included information attached to the ordinance.  By their participation, the city has a better chance of getting a better rate.  This would be negotiated through the Miami Valley Cable Council.

 

Mr. Applegate said it would be his recommendation that the city pass this ordinance to the second reading. 

 

          Mr. Bruns moved that they have the first reading of Ordinance 1495.  Mr. O’Callaghan seconded the motion.  All concurred Ordinance 1495 was passed to the second reading.

 

          8.     Open Agenda

 

          Mayor Goudy thanked everyone for attending the meeting.

 

          She commented on the work being done on the new basketball court.  Mr. Applegate said that they will be putting the overlay on the parking lot and then they will plan on what will go on the old court.  They will be landscaping and putting a decorative fence up. This will be on the park on Martindale.  There will be various improvements on both community parks on Martindale and Parkgrove.   

 

          Mayor Goudy said the pear trees were breathtaking this year and even though she works far away from the city, she heard a lot of positive comments and that it was worth the drive just to see the trees in the City of Union.  Mayor Goudy added that she was quite proud of that. 

 

          Mrs. Perkins encouraged everyone to get out and vote on May 4th.

 

          Mr. Blackwell asked if they would pave the lot behind the city building when they pave the parking lot at Martindale Road.    Mr. Applegate said not at the moment because the installation of the sewer line was taking priority.  They will be getting to that later.

 

          Mr. O’Callaghan welcomed Mrs. Winemiller back to the council meeting and he asked the council again for nominations for the Spirit of Union award.

 

          He also asked everyone to vote on May 4th and mentioned the Northmont Replacement Levy was on the ballot.  In his opinion, he thought that a vote for the schools was important.  He said the community had an excellent school in Northmont and the school was helping to keep the property values up.  Mr. O’Callaghan commented that voting in favor of the replacement levy would keep the schools as good as they are.

 

          Mrs. Kyle welcomed back Mr. Applegate and Mrs. Winemiller and added that the pear trees were beautiful. 

 

          Mr. Applegate said that the basketball court at the old pool site is open now and it has been well received and well used.  He said they will continue to make improvements there.  They will still be doing a sand volleyball court and adding some corn hole games. 

 

          Mr. Applegate commented that the council had all received the water and sewer rate survey compiled by the City of Oakwood.  The city was second out of sixty-six jurisdictions with the lowest water rate.  For the sewer rates, the city is tenth out of sixty-three jurisdictions.  In the combined rate both water and sewer, Union is the lowest out of sixty-three jurisdictions.    He said he thought that was very good.  He added that it was not always good to be the lowest and they would be looking at the rates for next year when they look at the fiscal year budget.  They will discuss items with the budget committee and see if a small rate increase is necessary.  This would not start until 2011.  Mr. Applegate said that the city works very hard to keep the rates reasonable and he felt seeing that survey made them feel like their hard work had paid off.

 

          Mr. Moore stated that the City of Union is in the Second District Court of Appeals and there is a Court of Appeals Election this time on May 4th because a judge is retiring.  These are generally non-partisan elections but the vote in the primary will really be a vote for the judge. 

 

          9.       Mr. Bruns moved that the council meeting be adjourned.  Mr. O’Callaghan seconded the motion.  All concurred and the April 26, 2010 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