May 14, 2007




Mayor Beyer called the May 14, 2007 City of Union council meeting to order.  Attendance was taken and the following council members were present:  Mr. Bruns, Mrs. Terry, Mrs. Kyle, Mayor Beyer, Mr. O’Callaghan, 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 said that Mrs. Goudy was having some medical problems so he moved that Mrs. Goudy’s absence be excused.  Mrs. Kyle seconded the motion.  All concurred and her absence was excused.


          Mayor Beyer called for a moment of silence.


          1.       Mayor Beyer asked if there were any additions or corrections to the minutes of the April 23, 2007 council meeting.  There were no corrections so Mr. Bruns moved to accept the minutes as prepared.  Mr. O’Callaghan seconded the motion.  Mrs. Terry abstained and the other council members voted for the motion.  The minutes were accepted as prepared.


          2.       Mayor Beyer had three people from the audience that indicated that they wanted to address the council.


          Mr. Stamper from West Martindale Road complained about the loud boom boxes from the traffic on West Martindale.  He said he had brought this up before. 

          Mr. O’Callaghan said the council had passed a noise ordinance in the past to deal with those.  Mr. Stamper said he thought the boom boxes had to be shut down.  Mr. O’Callaghan said he would have to look at the ordinance again.  The council did not think that they could prohibit them.  Mr. Moore said they would not be able to enforce that easily or prohibit a particular kind of music.  Mr. Bruns said they could revisit the ordinance and thanked Mr. Stamper for his comments.   


          Virginia Dean from 104 Burgundy asked the council about the storm water draining into her yard.  She said they have a problem in Concord Meadows.  She added that there are houses behind them and the water from the neighbor’s yards drain into her yard.  She said the developer had not put in a drain. Mrs. Dean said there was standing water and she had to wait three or four days before she could mow her grass.  She said the developer had filled the area up with rocks but not solved the problem.  Mrs. Dean asked if the city inspector could look at it.  She said she thought the drainage system needed to be redone. 

          Mr. Applegate said he would take a look at the drainage in her area.


          Judy Collins from West Martindale Road said she had a “historical moment” and talked about various places for vacations, such as the cities of Jamestown and Williamsburg.  She said she had recently visited Mount Vernon, George Washington’s home. 




Mr. Applegate said this resolution was concerning a piece of property for an easement. 


         Mr. Bruns moved to have the one and only reading and adopt Resolution 07-04. Mr. O’Callaghan seconded the motion.  All concurred and Resolution 07-04 was passed.




      Mr. Applegate said the council probably had seen in the papers that the Senate did pass the bill on cable franchises with minor modifications.  The bill is moving on to the House and being sent to a committee.  Union is being asked along with other communities to pass this resolution and forward it to the House committee. 


          Mayor Beyer said he noticed that the governor had sent the city a letter about their position.

      Mr. Bruns moved to have the one and only reading and adopt Resolution 07-05.  Mr. O’Callaghan seconded the motion.  All concurred and Resolution 07-05 was adopted.


5.       Open Agenda


          Mr. O’Callaghan reminded everyone that the next meeting would be on a Tuesday instead of Monday due to the Memorial Day holiday. 


          Mr. Bruns said although Mr. Stamper had left the meeting, he appreciated what he was saying about the noise.  Mr. Bruns said he hadn’t realized how long ago the city had passed the noise ordinance.  He thought they should look at the ordinance and see if the levels that were established were still valid. 

          Mr. Applegate said he had checked with the Chief and they had cited five or six people last year.  The police department has and uses a sound meter.

          Mr. Bruns said that the noise ordinance was passed fifteen years ago and he wondered if the levels used when the ordinance was passed were still acceptable and the regulations were adequate.

          The council agreed that the boom boxes could not be prohibited from the city.


          Mr. Bruns commented about the response from the governor on the franchising legislation, noting that it was written to the City Manager instead of to the council.  He said he felt like their resolution was just put in a corner and they got a generic “to whom it may concern” response.  Mr. Applegate agreed saying the city had received another response from a senator and his letter was on a totally different subject, completely different than what the city was concerned with.

          Mayor Beyer asked if the Senate held any hearings on the bill.  Mr. Applegate said they had.


          Mr. Applegate said he had one item.  He said Mrs. Terry has asked him if there was some place that the city would allow a little park as a memorial for her grandson.  He thought of an area in Union Community Park off of Phillipsburg-Union Road.  They have raised funds and would like to erect playground equipment as a memorial.  Mrs. Terry provided council with photos of the proposed equipment.    Mr. Applegate said this would require council’s approval by motion. 


          Mayor Beyer moved that the city name the amusement area in the community park for Kyle Klein.    Mr. Bruns asked if they were just renaming the area or was there more involved.  Mr. Applegate said there would be a playground in this area with a plaque.  Mr. Applegate said this motion would give them permission to put in the playground.  Mrs. Terry said it would be called the Kyle Klein Memorial for Battered Children. 

Mr. Beyer rescinded his original motion and made a new motion to establish the Kyle Klein Memorial for Battered Children and to erect such park equipment as it becomes available.  Mrs. Perkins seconded the motion.  Mrs. Terry abstained and the other council members voted for the motion.   The motion was passed.


Mrs. Hissong said the firehouse was really beautiful and her husband Jerry would have been very proud of it. 

          Mr. Applegate said he thought that all of the firefighters and policeman that had served the city back when it was a village would be proud of their new firehouse.


6.       Mr. O’Callaghan moved that the council meeting be adjourned.  Mr. Bruns seconded the motion.  All concurred and the council meeting was adjourned.


Respectfully submitted,



Denise A. Winemiller, Clerk of Council



Michael O’Callaghan, Vice Mayor