RECORD OF PROCEEDINGS

MEETING OF COUNCIL

August 10, 2009

 

 

          The City of Union council meeting was called to order by Mayor Goudy on August 10, 2009, at 7:30 p.m. on Monday.  Due to a bad case of laryngitis, Mayor Goudy asked Vice Mayor, Mr. O’Callaghan to conduct the council meeting.

 

          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 P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

 

          Mr. O’Callaghan asked for a moment of silence. 

 

          1.       Mr. O’Callaghan asked if there were any corrections or additions to the minutes of the July 13, 2009 council meeting. 

          There were no comments so Mr. Bruns moved that the council minutes be approved.  Mr. Blackwell seconded the motion.  All concurred and the council minutes were approved.

 

          2.       In the Citizen’s and Visitor’s Comments, Mr. O’Callaghan recognized Austin Crickmore from 403 Swank Court. 

         

          Mr. Crickmore asked what it would take to get a skate park in Union.  He proposed using the old YMCA area, which was the location of the city pool.  Mr. Crickmore and his friends presented a cost sheet for the project, based on a park located in Columbus. 

          Mr. O’Callaghan said that they had discussed skate parks on May 25 of this year.

          Mr. Bruns said Taylor Ware and two other gentlemen had talked to the council and at that time, the boys were told that the City of Union could not take on the liability for having a skate park.  Since then, Mr. Applegate had talked to the park district and they said they would not get involved in a skating park in the area.

          Mr. Bruns said the consensus was that it would be a good thing for the kids to have but the city would not be able to do it because of the liability. 

 

          A lady in the audience said the kids from the City of Union have nowhere to ride and nothing to do.  She said these teenagers are reaching out to council and presenting ideas.  They are riding bikes and police are chasing them out of vacant parking lots. 

          She said she volunteered to take these kids to Brookville because that city had things for them to do.  She said at 14 and 15 years old, there is not a lot to do in Union.  She said they have found places to go for donations.  She said they would need to have proper equipment, like a helmet, but they needed a place to ride. 

 

          Mr. Bruns asked about the place in Brookville – if it is privately owned or city owned place with supervision.

 

          The resident said the location is where they do BMX racing.  Mr. Bruns asked if someone would be hurt, whose responsibility would it be?  She said she did not know and that she watched her own son when they were there.    She suggested Union could post signs, like “ride at your own risk” and that there was a way to get around the city being responsible.

 

          Mr. Bruns said they listened to their law director and as a city, they would have to be responsible and be concerned with liability if someone was hurt.    She responded by saying there is a way and other cities have done it.  Mr. Bruns said he appreciated people coming to the council but he felt that they could not do anything regarding providing a skating park.

 

          The resident asked if someone would come in and build a place for kids for bikes and skateboards and had everything donated, if they could do that.  Mr. Bruns said the building was not necessarily the problem.  It was the upkeep, maintaining it, paying for people to run it, etc.  Staffing a facility and the maintenance of the facility would be the problem.

          Mr. O’Callaghan agreed with Mr. Bruns.  He said that people had come before the park board requesting a facility and they had looked into it and building it, maintaining it and insuring it was a problem.

 

          Mr. Applegate said there were certain standards that would be required by their insurance company and that would be a major expense.  Mr. Applegate said if someone wanted to step forward and provide all the requirements, the city would take another look at it.  All the ramps, steps, and rails would have to be built according to certain standards.  Mr. Applegate said they have looked at that and it was 150 to 200 thousand dollars.   Mr. Applegate said the city does not have the money for that.  He said if someone would step forward and provide that, he would take another look at the situation. 

 

          Mr. O’Callaghan thanked them for coming to the meeting.

 

          3.       Public Hearing on request for change of zoning district from Light-Industrial to Agricultural-Residential on 11995 and 11975 Frederick for Horse-N-Around Farms.

 

          Mr. O’Callaghan said the public hearing had been continued from the last meeting but since then, the council has had a request to withdraw the application. 

 

          Mr. Moore advised them to reopen the public hearing and then to close it.

 

          Mr. O’Callaghan moved to open the public hearing on the rezoning of the property.  Mr. Bruns seconded the motion.  All concurred and the motion was passed.  The public hearing on the rezoning was open.

 

          Mr. O’Callaghan then moved to close the public hearing on the rezoning application for 11995 and 11975 Frederick for Horse-N-Around Farms.   Mr. Bruns seconded the motion.  All concurred and motion passed.  The public hearing was closed.

 

          Mr. Bruns moved to accept the request to withdraw the zoning application.    Mr. Blackwell seconded the motion.  All concurred and the rezoning application was withdrawn.

 

          4.       ONE READING – ORDINANCE  1479 - AN ORDINANCE AMENDING CHAPTER 741.17 OF THE UNION CODES RELATING TO SOLID WASTE COLLECTION.  (waive three readings)

 

          Mr. Applegate introduced Kyle Aughe from Rumpke.  Mr. Applegate said they have a contract that is in effect and they have the option of  one more extension.   As stated in the city’s memo to the council, Rumpke has asked for a five percent increase.   Rumpke is passing on cost increases from Montgomery County and the State of Ohio.  To accommodate these increases, the city is looking at raising their charge to residents to $14.20 per month.

 

          Mr. Applegate invited Mr. Aughe to speak.  

          Mr. Aughe said there were several reasons for the increase.  One increase was from the state of Ohio.  That put another $1.25 responsibility to all communities.  The fuel costs have increased and the recycling programs have gone up and down.  There was a big drop about eight months ago because of the economy.  Currently the value of the recycling items does not cover the cost of the extra truck and driver. 

          Mr. Applegate said the existing rate that the city bills residents is $13.50 and there needs to be a seventy cent increase or $14.20 per month starting on October 1, 2009.    

          Mr. Applegate said he sits on the Solid Waste Committee for Montgomery County and he knows that all the things that Mr. Aughe has mentioned have occurred to increase the costs.

          Mr. Applegate added that he hopes that things will be better by next year.  At the end of this year, the city will have to go out for bids again because they are at the end of their contractual agreement with Rumpke.

          Mr. O’Callaghan asked if the increase from the state also includes the recycling program.  Mr. Aughe said no, it was just for solid waste. 

 

          Mr. Applegate said the staff recommends the adoption of this ordinance.

 

          Mr. Bruns moved that they suspend the charter requirement of three separate readings on three separate days in regards to Ordinance 1479.   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 Ordinance 1479.  Mrs. Perkins seconded the motion.  All concurred and the motion was adopted. 

 

          Regarding the next two resolutions, Mr. Applegate said they are on Round 24 for Issue II projects and the applications are due this Friday.  The city would like to apply for these next two grants.  The first one is for Parkgrove/Maplegarden Drive area, replacing all of the water lines in that area to Martindale Road.

 

          5.       ONE READING – RESOLUTION 09-05 - A RESOLUTION AUTHORIZING THE CITY OF UNION TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM(S) AND TO EXECUTE CONTRACTS AS REQUIRED. (Parkgrove/Maplegarden Drive area)

 

          Mr. Bruns moved to have the one and only reading and adopt Resolution 09-05.  Mr. Blackwell seconded the motion.  All concurred and the motion was passed.  Resolution 09-05 was adopted.

 

          6.       ONE READING – RESOLUTION 09-06 - A RESOLUTION AUTHORIZING THE CITY OF UNION TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM(S) AND TO EXECUTE CONTRACTS AS REQUIRED. (Recoating Shaw Road Elevated Water Tank)

 

          Mr. Applegate said this is for the recoating of the Shaw Road water tower.  Last year, the state would not approve loans for that kind of work but they have changed their policy this year and will pay for spot welding, etc. and painting.  The city has changed their application to a 100 percent loan.

          Mr. Applegate recommended that this application be approved.

 

          Mr. Bruns moved to have the one and only reading and adopt Resolution 09-06.  Mr. O’Callaghan seconded the motion.  All concurred and Resolution 09-06 was adopted. 

 

          7.         Open Agenda

 

          Mr. O’Callaghan said that the Mayor wanted him to mention that at the last meeting, they got a book from the Randolph Township on the schools.  Mr. O’Callaghan said it was very interesting and they appreciate the effort that has gone into the book of Schools in Randolph Township.

 

          Mr. Marsh, of the Randolph Township Historical Society was present and asked to make a comment to the council.  He said this book was the fourth in the series from the Randolph Township Historical Society.  They are publishing oral histories.  They have done two programs on National Road, one on Dayton-Covington Pike, and then they had three programs that supplied the information for this book on the school.  Mr. Marsh talked about some of the future programs that were organized by the Randolph Township Historical Society. 

          Mr. Marsh thanked Union and the individual council members for their support.     

 

          Mr. O’Callaghan had a Mayor’s Proclamation for the support of the Dayton
Gems Hockey Team.  He read the proclamation aloud at the meeting and the proclamation will be forwarded to the Dayton Gems Ice Hockey Group.

 

          Mrs. Perkins thanked Mr. Crickmore and his friends for attending the meeting.  She said a skate board park was out of reach right now but she suggested they try to come up with another proposal for the council that they could consider.

          Mrs. Perkins said she will be out of town for the next council meeting, September 14. 

 

          Mr. Bruns reminded everyone that there would not be a second council meeting in August and the next meeting would be September 14. 

 

          Mr. Bruns also commented that Ordinance 1476 was tabled at the last meeting and since they had accepted the withdrawal of the rezoning application, those ordinances were no longer valid.

 

          In addition, Mr. Bruns said the council had been taken on a tour of the Iron Removal facility and the new water tower construction site and saw how much hard work and effort has been done by the City of Union employees.  He said he thought that John, Marlin, and all of the crew deserve heartfelt thanks from the council.

 

          Mr. Applegate thanked the council for taking the time to look at the improvements and current projects.  Mr. Applegate added that the iron removal building is now on line and has the capability of operating the well field in a power outage.  He said they were very proud of the building and it will serve the city for a long time.  It allows the city to pump two million gallons of water in case of a power outage and ninety-nine percent of the work was done by the employees.  He said when they get the wastewater treatment plant completed, they will have a tour of that facility also.

 

          Mr. Bruns said awhile back, the city had a power outage and some people in other areas lost water for days.  In Union, that will not happen.  The city will still be able to provide water.  During the last power outage, Mr. Applegate said that is one thing that citizens appreciated, that they still had their water. 

          Mr. Applegate said they have back up power at the city building, maintenance building, lift stations, etc.  The city has standby power for everything and still has two portable generators.  The city crews have done a great job in making this happen. 

 

          8.       Mr. Bruns moved that the council meeting be adjourned.  Mr. Blackwell seconded the motion.  All concurred and the August 10, 2009 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