RECORD OF PROCEEDINGS

MEETING OF COUNCIL

February 8, 2010

 

 

 

          Mayor Goudy called the City of Union council meeting to order on February 8, 2010, 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 attending the meeting were 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 additions or corrections on the council minutes from the January 25, 2010 meeting.  There were no corrections so Mr. O’Callaghan moved that the minutes be accepted as prepared.  Mrs. Kyle seconded the motion.  Mr. Bruns and Mayor Goudy abstained and the other council members voted in favor of the motion.  The January 25, 2010 council minutes were accepted as prepared.

 

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

 

          3.       “Going Places: An Integrated Land Use Vision” presentation from Martin Kim, Director of Regional Planning, Miami Valley Regional Planning Commission.

 

          Mayor Goudy introduced Mr. Martin Kim from Miami Valley Regional Planning Commission who was present to give a presentation called “Going Places:  An Integrated Land Use Vision”. 

 

          Mr. Kim speculated on what the region would look like in the future.  He discussed population changes from the 1970’s and how populated clusters have changed over the years. 

          Mr. Kim discussed the various phases of their program called Going Places and that the Miami Valley Regional Planning Commission (MVRPC) wanted input from the community to develop a shared vision of future development in a three county area. 

 

          In addition, Mr. Kim asked that the council consider endorsing Phase I of the four year program.   He said he was hoping to get an endorsement for the project from as many jurisdictions as possible passing resolutions of support.

 

          Mr. Kim then explained Phase II, which is exploring their options by developing different scenarios, how areas could develop. 

 

          Mr. Kim said that the MVRPC was inviting people to attend a workshop meeting for ninety minutes and to be a spokesperson for this program, Going Places”.   Several community workshops have already been completed.

 

          He invited everyone to check out their web site and to participate in the workshops and he offered to answer any questions they might have.

 

          Mayor Goudy thanked Mr. Kim for his presentation.

 

          Mr. Bruns moved that they place the resolution requested from Mr. Kim on the council agenda for the next meeting.  Mr. O’Callaghan seconded the motion.  All concurred and the resolution to support the “Going Places; An Integrated Land Use Vision” will come before the council at their next meeting. 

 

          4.       THIRD READING – ORDINANCE 1485 – AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $750,000 OLD SPRINGFIELD ROAD SEWER EXTENSION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF SEWER SYSTEM IMPROVEMENTS FOR THE OLD SPRINGFIELD ROAD SEWER EXTENSION PROJECT. (three readings)

 

          Mr. Bruns moved to have the third reading and adopt Ordinance 1485.  Mrs. Oberer seconded the motion.  All concurred and Ordinance 1485 was adopted on the third reading. 

 

          5.       ONE READING – ORDINANCE 1487 – AN ORDINANCE ACCEPTING THE ANNEXATION OF 78.489 + ACRES, MORE OR LESS, IN BUTLER TOWNSHIP, MONTGOMERY COUNTY, TO THE CITY OF UNION, OHIO, AND DECLARING AN EMERGENCY.

 

          Mrs. Winemiller said that Butler Township Trustees had appealed this annexation to the Ohio Supreme Court.  The area involves a 78 acre tract that is adjacent to other acreage that is part of the Jobs Ready Site Grant application that the city is applying for through the Ohio Department of Development.  Mr. Thies is anxious to come into the City of Union and has other land on Jackson Road that has already been annexed into the city. 

          Mr. Moore said this matter has been in litigation for a number of years.  He explained that basically the Supreme Court said that Butler Township had no standing to raise the issues they had attempted to raise.  Therefore, the property is ready to be brought into the city which is a benefit to the property owner and also to the city in the long term because it would be part of that tract of land available for development. 

 

          Mr. Bruns said the city had done everything required in this matter so he moved that Ordinance 1487 be declared an emergency for the reasons set forth in the ordinance.   Mrs. Perkins 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 1487.  Mr. O’Callaghan seconded the motion and emergency Ordinance 1487 was adopted.

 

6.       Open Agenda

 

Mayor Goudy commented about the absence of John Applegate, the City Manager and asked Mrs. Winemiller for any news on his health.  Mrs. Winemiller said he was doing very well. 

 

Mr. O’Callaghan said he was glad to hear that Mr. Applegate was doing well and that he was glad to see that Mr. Bruns was well and back at the council meeting. 

Mr. O’Callaghan said that regarding the recent snow fall, he thought that the city crews had done a fantastic job with what they have and their efforts are appreciated.

 

Mrs. Kyle thanked Mr. Kim for his presentation.

 

Mr. Bruns also thanked Mr. Kim and said he gave an excellent presentation.  He also agreed with Mr. O’Callaghan concerning the great job that was being done by the city crews and keeping the streets clear of snow.

 

Mayor Goudy asked if the city still had an ample supply of salt.  Mrs. Winemiller said the salt supply was fine but they had developed some equipment problems and had to replace an axle for one of the dump trucks.  She added that the maintenance men were averaging about twenty-three to twenty-four hours of overtime.  They were also getting ready for the next round of snow. 

 

Mrs. Winemiller said they are working on a newsletter to be out by the second or third week of March.  The CCR report on water quality is ready and will be included in the newsletter. 

The city will be going out for bids on mowing and also for materials on the sewer project once they receive the note money.  She said they are continuing to move forward on that project.

 

On behalf of the council, Mayor Goudy thanked Mrs. Winemiller for the wonderful job she had done in Mr. Applegate’s absence and said that it had not gone unnoticed. 

 

Mr. Moore showed the council a slip opinion from the Supreme Court which means the opinion will be formalized.  Mr. Moore explained that Butler Township had tried to get a writ of mandamus, which is a legal process to force a public agency to do something.  The township thought that the Montgomery County Board of Commissioners should have done something else concerning the annexation.    The Supreme Court determined that when the township tried to get a writ, they didn’t have “standing”, which means a legal right to do something.  When passing the annexation law, the legislature left out the option to obtain a writ.          The Supreme Court, because of this provision, stated that Butler Township was not mentioned as a party that could do this writ.  The township had no standing to raise this issue in an annexation, as decided by the Supreme Court.  Since the court decided that the township did not have any standing, they did not feel they had to make any further decisions on the original annexation issue.  Mr. Moore said he wanted to take this opportunity to explain that. 

 

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