Union City Council Meeting Minutes
First Quarter 2000
 
Jan. 10, 2000, Meeting Minutes
Jan. 24, 2000, Meeting Minutes
Feb. 14, 2000, Meeting Minutes
Feb. 28, 2000, Meeting Minutes
March 13, 2000, Meeting Minutes
March 27, 2000, Meeting Minutes

Jan. 10, 2000

The January 10, 2000 City of Union council meeting was called to order by Mayor Robert Packard.

Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mr. Beyer.

Other city staff member present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard moved that Mrs. Shields be excused from the council meeting due to illness. Mr. O'Callaghan seconded the motion. All concurred and her absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the December 23, 1999 council meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience.

Mrs. Johnson, from West Martindale Road, said she had read an article in the Englewood Independent and she asked why a part time patrolman was promoted over four full time patrolmen for lieutenant.

Chief Gessner said the officer chosen was the most qualified in experience and college education.

Mrs. Johnson asked about the college degrees of the lieutenant and other officers. She also asked if the officer had taken a test. Chief Gessner said there was no test.
Mrs. Johnson asked if the city had any sergeants. Chief Gessner said they did not. Mrs. Johnson asked if the city would have sergeants in the future. Chief Gessner said he did not know at this time. She asked if this promotion would cause problems with the other officers. He said it would be hard to say. Mrs. Johnson said other municipalities have tests that the officers take and they have to have a minimum of two years of full time experience. She went on about how other municipalities use top test scores to choose their officers. Chief Gessner said that Union does not use that system and that each city or department has their own requirements.
Mrs. Johnson maintained that most of the cities do have a system where the officer would have to be a full time employee for two years and that a test was required. Mayor Packard asked if any of the departments that she had checked with were the size of Union's. Mrs. Johnson said yes, she had talked to several. When Mayor Packard asked what departments she was referring to, she said that he was a mayor and could find out the information himself, like she had. Mr. Bruns said Mrs. Johnson was the one that was making the point and should want to substantiate her point with facts. Mrs. Johnson was not willing to give the mayor or council any information about the departments she had talked to. She said they could find out for themselves if they were interested. Mr. Bruns said the city had their own procedures and those were followed. Mrs. Johnson then asked what Union's procedures were regarding police officers.

Mr. Applegate said they did have procedures concerning police officers. Mr. Applegate said if it was a certified position, tests were given, by rule of five, and that is in the city's administrative book. The positions of police chief and lieutenant are exempt positions. It is a decision that is made by the police chief and city manager.
Carla Edwards asked if the lieutenant was a step down from the police chief position. Mr. Applegate said it was. The resident said she had heard a lot of rumors, even outside of Union, that the lieutenant recently appointed would be the next police chief. That Chief Gessner was going to retire within the next three months to a year.
Mr. Applegate said anything is possible but the decision has not been made. He said the officer is the lieutenant and that is what he was hired for. Mr. Applegate said when Chief Gessner makes the decision to retire, that would be his decision and they would address that at that time.
Mr. Applegate said the decision has been made, they thought they had chosen the best man for the job, Lieutenant Blackwell has been with the sheriff's department for several years, he has done an excellent job as a part time officer since he has been at Union, and he has the qualifications. He was a deputy at the sheriff's office.
A resident said he had heard that he was a transportation officer. Mr. Applegate said he was a deputy.
Mrs. Johnson said she did like Officer Blackwell but she was concerned that there were officers in Union that had more training.
Mr. Applegate said there were reasons, some get into personnel matters, but he said the decision has been made and it complies with the code - and that he would do an excellent job for the city.
In response to another questions, Mr. Applegate said it was within the administrative records, Code 153.

Mr. Charles Arnett said the conversation aroused his curiosity. He said there was some kind of standardized county-wide test and he asked if Lieutenant Blackwell had pass a test before working at the sheriff's department.
Mr. Applegate said all the police officers are accredited officers. Mr. Beyer mentioned that the all applicants take the Ohio peace officers. Mr. Applegate said they all take their course and take a test from the State of Ohio.
Mr. Arnett said the implication was that there was no test. Mayor Packard said there was no implication there. The Chief was asked if he gave a test and he said no.

3. Since it was the first meeting of the new year, several appointments have to be made.
In the past, the councilmember having served for the longest time, would be appointed as vice mayor. Mayor Packard moved that Mr. Beyer be appointed as vice mayor.
Mr. Bruns said that he did not necessarily agree with always appointing the most senior member of the council but that he would support Mr. Beyer because of the job that he had done in the past.

Mr. Hissong seconded the motion. Mrs. Terry voted against the motion, the other councilmembers voted for Mayor Packard's motion and the motion was passed. Mr. Beyer will be the vice mayor.

Mayor Packard then moved that Mrs. Winemiller be reappointed as Clerk of Council. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mrs. Winemiller was reappointed as Clerk of Council.

Mayor Packard then moved to appoint the Mayor of council, Mr. O'Callaghan, and Mr. Hissong to the safety committee. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Then, Mayor Packard moved to appoint the Mayor, Mrs. Shields, and Mrs. Terry to the street committee. Mrs. Terry suggested that Mr. Hissong take her place on the street committee. Mayor Packard asked if Mr. Hissong could handle both committees and he agreed. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mayor Packard moved to appoint the Mayor, Mr. Bruns, and Mr. Beyer to the budget committee. Mrs. Terry asked if there were ever any changes made on the budget committee. Mr. Beyer said yes, that they were changing the committee this year. Mrs. Terry asked who was on the budget committee before and was told that Mr. O'Callaghan was on the budget committee last time. Mr. Hissong seconded the motion. Mrs. Terry voted against the nomination for the committee, the other councilmembers voted for the motion and the motion was passed.
Mayor Packard said Mr. O'Callaghan will still be on the park board.

4. Representatives and alternates needed to be chosen for the Miami Valley Regional Planning Commission.

Mr. Applegate said that in previous years, it has been the Mayor serving as the representative on both committees and the City Manager serving as the alternate on both committees. Mr. Beyer moved that Mayor Packard and Mr. Applegate be appointed as representative and alternate to the committees. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Beyer asked about council's representative for the planning commission. The mayor is on the commission and Mr. Beyer's position needs to be reappointed or a new councilmember chosen during each organizational meeting. The Mayor is to appoint the position. Mr. Beyer explained that the planning commission has three citizen representatives, the Mayor, a council representative and Mr. Applegate, as ex-officio, and he is a non voting member.
Mr. Bruns moved for Mr. Beyer to be the councilmember serving on the planning commission.
Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mayor Packard asked for nominations for the planning commission. Mr. Arnett from the audience expressed his interest.
Mrs. Winemiller said they have always required an application and those would be available at the city office.

5. Open Agenda

Mayor Packard asked about the additional lines painted on State Route 48. Mr. Applegate said they were planning on moving the traffic over to that side later in the week.

Mr. Hissong said that the city crews were doing a very good job of moving the traffic during the construction on State Route 48.

Mrs. Terry asked if they were on schedule on State Route 48. Mr. Applegate said actually, they were ahead of schedule. Mrs. Terry said she would like to see information about Mr. Applegate's receiving his award in the Englewood Independent.

Mr. O'Callaghan asked if Mr. Applegate would be commenting on the ordinances in the council packets on the storage and parking of tractor/trailers. Mr. Applegate said the public hearing for that was scheduled for the next council meeting.

Mr. O'Callaghan asked if anyone had any comments on the letter in the council packets from Centerville on bike helmets. Mr. Beyer said the letter was from a pediatrician that Centerville has passed a law that all children eighteen years and under would be required to wear a bicycle helmet. Mr. Beyer said the pediatrician had offered to come and talk to any interested city. Mr. Beyer said he thought parents should monitor that and asked how the city could enforce a regulation like that. Mr. Beyer thought it was important but that it would be one more law that they would be mandating the police department to enforce.
There was a brief discussion that Union has been very supportive and encouraged the use of helmets in the past with several of their own programs.

Mr. Beyer asked if the city had experienced any Y2K problems. Mr. Applegate said there were no problems with Y2K but they had a lightning problem on Monday night that took out some of the computers.

Mr. Applegate said their three year mowing contract was up and he said the city would need to go out for bids.

Mr. Beyer moved that they be allowed to go out and advertise for bids for the mowing contract. Mr. O'Callaghan seconded the motion.
All concurred and the motion was passed.

Mr. Applegate said he had also enclosed some information for the council on the Montgomery County port authority. Mr. Applegate said in the early 90's they were all opposed to it but they have made several changes. No action is required at this time.

Chief Gessner said he had warned residents earlier to keep their car doors locked at night. He also said they should keep the doors to their homes locked at night also. He said they had just had an incident were an inebriated person walked in an unlocked back door of the wrong residence.

Fire Chief Bud Bergman said 1999 had been a very good year for the Union fire department - with very few fire losses.
He said that response times are down and continuing to improve. Chief Bergman said they have some people ready to join the fire department.

Mayor Packard said he would have a recommendation for the planning commission by the next meeting.

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

Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
___________________________
Lawrence Beyer, Vice-mayor

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Jan. 24, 2000

The January 24, 2000 City of Union council meeting was called to order by Mayor Robert Packard.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mark Henry, sitting in for Joe Moore, the Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the minutes of the January 10, 2000 City of Union council meeting. There were none so Mr. O'Callaghan moved that the council minutes be accepted as prepared. Mr. Beyer seconded the motion. Mrs. Shields abstained, the other council member voted for the motion and the January 10 council minutes were accepted as prepared.

2. Mayor Packard asked Thomas Young to come forward. Mr. Young was sworn in as a volunteer firefighter for the City of Union by Mayor Packard.

Mayor Packard introduced Mark Henry, sitting in for Joe Moore, the Law Director.

3. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. Mayor Packard said these comments would be other than the ones to be made during the public hearing.

Resident Carla Edwards, asked Chief Gessner where he got the information that Lt. Blackwell was a deputy at the Sheriff's Department.
Chief Gessner said it would have to do with what the definition of deputy was. Ms. Edwards said he was a transportation officer and she had documentation that he was not a deputy.

Mayor Packard pointed out that he was a qualified peace officer. Mr. Applegate asked her if Lt. Blackwell was a sworn officer of the county and Ms. Edwards said that he was.
Mr. Applegate said if he was wrong, he was wrong but he took it to mean that if he was a sworn officer of Montgomery County, he was a deputy sheriff.
Ms. Edwards said she wanted to know his qualifications over four full-time officers.
Mr. Applegate said he would not discuss personnel matters of the four officers. He said in looking at all of the officers, they felt that Lt. Blackwell was the best choice.
Ms. Edward said she had nothing against Lt. Blackwell, but if Chief Gessner decided to retire, she thought there should be a search made for a chief. She also felt that a problem would be caused in promoting Lt. Blackwell over the other full time officers.
Mr. Applegate said that in looking at all the officers, they felt Lt. Blackwell was the best and the decision was made.
In hiring a police chief, certain procedures would be followed and qualifications would need to be met.
Mrs. Edwards asked for the type of qualifications Mr. Applegate used to choose a lieutenant.

Mr. Beyer said Mrs. Johnson had brought up tests given at the last meeting in other departments. He said some departments rely on tests, and some use other criteria. Qualities considered like maturity, judgement, etc. cannot be tested for and could be considered. Mr. Beyer said that the Chief and City Manager know the officers and deal with them on a daily basis and he said he would not second guess them on their opinions.
Ms. Edwards said she had the job description of transportation officer from Montgomery County which she said was what Lt. Blackwell was in Montgomery County.
Mr. Beyer said he was a qualified peace officer in the State of Ohio and there was subjective criteria involved which is why Lt. Blackwell was chosen. Mr. Beyer said the decision had been made and some of the questions concerned personnel matters which were not going to be discussed at a public meeting.
Mrs. Edward asked if there was written criteria and Mr. Applegate said there was not for lieutenants.

Mr. Hissong asked if Chief Gessner had first worked for the city before being appointed as police chief. Mr. Applegate Chief Gessner was hired from the outside and decision to hire him was made by the council and city manager.

Mr. Arnett asked if the city had job descriptions and if they were available to citizens. Mr. Applegate said there was job descriptions and they were available to citizens.

Mr. Arnett said he submitted an application for a planning commission and asked if he would be called for an interview. Mayor Packard said a decision would be made by the end of the meeting and he did not call for any interviews.

Mrs. Terry asked Chief Gessner if job applications were required for the position of police officer and if the Chief checked out the information. Chief Gessner said if they are interested in hiring the applicant, they would check the information.
Mrs. Terry asked Mr. Applegate and Chief Gessner if criteria could be written out for the police positions. Mr. Applegate said he preferred to hire from within and they selected an officer based on personnel decisions and matters that had happened.
Mrs. Terry asked if the other officers were okay with the decision.
Mr. Applegate said they go by the rule of five, they give a written exam for officers and they must pass it by 70 percent. They go into a background check, psychology testing and several other items.
Mr. Applegate said this is part of their procedures and they will not make the results public.
When it is time to make the decision to hire a new police chief, council will determine that, along with the city manager. An executive session will be held and a discussion about what would need to be done to come to a decision.

Mr. Joe Plashek said Mr. Applegate specified certain things in court, such as that he had seen his tractor/trailer parked at his residence.
Mayor Packard asked if he wanted to bring this matter up in the public hearing. Mr. Plashek wanted to speak before that. He said Mr. Applegate had specified certain dates when the truck was in his driveway. Mr. Plashek said he provided his log to the court and Mr. Applegate had withdrawn the charges. Mr. Plashek said he was upset that someone would go to court and lie against him to enforce an ordinance. He said it upset him and he felt everyone should know.
Mr. Applegate said they had talked to the council about the problem with the ordinance and that is why they were holding the public hearing.
Mr. Applegate added that Plashek said he had proof in his trucker's logs but on the day of the trial, Mr. Plashek had forgotten his log book and left it at home. When Mr. Applegate saw they were having a problem defining "overnight" they dismissed the court case. They planned to tighten up the ordinance for any future cases.

4. Public hearing on amending the official zoning code of the City of Union regarding 1153.01 C, off-street parking and loading requirements and Chapter 1165.02, Definitions.

There was a discussion over an incorrect agenda that Mr. Arnett had, showing the public hearing was item # 3 instead of # 4. Mr. Applegate said that the agenda had been changed with the addition of the swearing in of Mr. Young. Mr. Arnett had a copy of an earlier agenda before the addition had been made.

Mayor Packard opened the public hearing for amending the zoning code.

Mr. Applegate said the public hearing was advertised as required by law. Before taking comments from residents, Mr. Applegate explained what the changes were in the amended ordinances.
Regulation 1153.01 C has been in effect since 1973. Mr. Applegate said the court case against the tractor/trailer parking in a residential area was dismissed so the ordinance could be tightened up. Ordinance 1169 amends that code section. Mr. Applegate indicated the blown up copies of the ordinance on the wall for the residents to see during the public hearing.

Commercial district has been added under Section 1, number 3. The purpose is to prevent someone from parking a tractor/ trailer in a vacant business lot. To enforce this in the past, the city has contacted the owners who do not want the vehicles parked there. Now, this type of parking is prohibited in the code.
The word "overnight" has been deleted to prevent any future disagreements.
The word "standing" has been added which is part of all parking regulations in Ohio and City of Union codes, it is now included.
"Rear yard" was included to prevent someone from arguing that parking in the rear yard was allowed.
Under "C", the underlined section was added that in a commercial district, tractor/trailers were allowed if they were considered an accessory use to the business.

Ordinance 1170, a definition of "storage" has been added which was not in the code.
Mr. Applegate said they were dealing with several weaknesses that were in the ordinances.

Mr. Applegate said people were concerned with some information they had received in the mail, including information sent from Mr. Arnett.
Residents had called, concerned about information in these flyers over the statement regarding "any truck or commercial vehicle". Mr. Applegate said the city had never cited anyone for a pickup truck or a vehicle used for their own personal use. He said that back in 1973 when the ordinance was designed, very few people owned pickup trucks, there were no sport utility vehicles and most trucks were less than 5,000 pounds. Mr. Applegate recommended that they could amend the 5,000 pound limit in the future. In doing some research, Mr. Applegate said he discovered that some SUV's are up to 9,200 pounds now. The intent of the ordinance is not to ban those kinds of vehicles and that is not the way the city has enforced the ordinance.
Mr. Bruns clarified Mr. Applegate's comments that the 5,000 pounds weight limit has always been on the books and is not the subject being amended and discussed at the public hearing. The only changes being considered for the public hearing are the ones that are crossed out or underlined on the ordinances that are displayed. Mr. Bruns said after the hearing, he would suggest that Mr. Applegate investigate and turn it over to the planning commission so they might propose a change in the vehicle weight in the future.

Mr. Applegate said that was correct - they were concerned with tractor/trailers parking in residential neighborhoods. Mr. Applegate said people have used large step vans as their personal vehicles and they have only cited those trucks when they have a complaint. Mr. Applegate said the weights of vehicles have increased dramatically over the years since the ordinance was written in 1973.

A resident in the heating/air-conditioning business was concerned because he was driving a truck that weighed 6,000 pounds.
Mrs. Shields stressed that the city had not enforced that part of the ordinance unless there was a complaint.
Mr. Beyer asked Mr. Applegate to clarify that the city was not out to stop vans and SUV's from being used in town.
He also suggested Mr. Applegate clarify the handout claiming that kids can't store their bicycles or people can't store their garden hoses in their yards.
Mr. Applegate said there was no definition of storage in the code. This did not apply to children's bikes or garden hoses. Residential use is a permitted use so items used a residence is allowed.
In response to a question from Mrs. Edwards, Mr. Bruns said the ordinance reads "storage of any truck".

Mr. Arnett asked if a statement that he would read before the council could be attached to the minutes and copies given to the planning commission. Mr. Arnett read his statement.
(Copy of document attached to original minutes.)

Resident, Jack Anderson said even though the regulations on weight limits has not been enforced, it could be enforced. He was concerned about the commercial vehicle aspect - many people he knows drive company vehicles. He said if his neighbor complains about him, they could use the ordinance to come after him. He suggested the council write a new ordinance.

Michael McFann asked about a hypothetical situation where a neighbor pulling out from his driveway couldn't see because of a parked commercial vehicle and hits something. He asked if the person having the commercial vehicle could then be cited.
Mr. Applegate said he had never used the ordinance that way.

Mr. McFann said if he asked the police to enforce the regulations on the books, if he would have to be cited.
Mr. Applegate asked Mr. Henry. Mr. Henry said the language in the ordinance would not say if a person is negligent or not. The ordinance would not define the legal wrong.
Mr. Applegate said when neighbors are fighting and trying to find things to cite on each other, going back and forth, the city zoning does not participate.
A resident said he had a house with a gravel driveway which he eventually paved. He believe that since he had gone to the expense of putting in the driveway, he should be able to park whatever he wanted.
Mr. Applegate said that was a recreational vehicle zoning regulations that were not created by the council but by residents that were upset about people parking boats and trailers in driveways and front yards.
Mr. Applegate reminded the council and residents that in the past, the city did not have zoning. He explained that zoning is generated by people in the community, that look at their properties in their area, what people do, how it looks, etc. Zoning comes from the citizens, not only in Union but in other cities.
Recreational vehicles are a separate part of the code and those kinds of vehicles can be parked in the rear. Mr. Applegate said those regulations have nothing to do with the tractor/trailers that they are discussing.

Mr. Applegate said unless someone calls or complains, they do not go after service vehicles.
Mr. Arnett said they would not want an 18 wheeler or moving van parked in the street. He agreed it could be a danger for children coming out of a driveway onto the road way.
Mr. Jones said Mr. Applegate does what he says. He was in a zoning violation fight with a neighbor and Mr. Applegate told him what he needed to do. He asked if the weight would be for personal or commercial vehicles. Mr. Applegate said they would go back to the planning commission and discuss their options.
A resident said he drives a truck for a cable company and is on call 24 hours a day. He says he does not park his vehicle on the street and no one has ever complained about it.
Mr. Applegate said no one complains because they want someone from the cable company near by.

Another resident said her neighbor had been bothering her over parking a commercial vehicle on the street.
Mr. Applegate suggested she contact the office. He said they got a call that the vehicle was blocking the sidewalk.

Roger Hansel said he was a contractor and drove a truck. He thought that they should give semi truck drivers the benefit of the doubt and let them park at their house and get a good night's sleep before making him move the vehicle.
He said Mr. Applegate accused Mr. Plashek of lying in court. Mr. Applegate said he did not say Mr. Plashek lied - Mr. Plashek accused him of lying. Mr. Hansel said he thought Mr. Applegate owed Mr. Plashek an apology.
Mr. Hansel said the council was getting over and above what this city is all about with the storage. He said he couldn't keep everything in a barn - it was stored in his back yard as neat as he could.
Mr. Applegate said there had been complaints from neighbors about Mr. Hansel's property. Mrs. Terry said Mr. Hansel does have a large storage barn and her parents live next door to Mr. Hansel. She said large piles of wood attract rodents and they could check with Montgomery County Health Department on that.
A resident said Mr. Hansel has a very neat front yard and that what was stored in the back was out of view. Mrs. Terry said it was not out of view from the people living next to him.
George Siegler said he was in support of what the council was trying to do. He said looking at the community, he thought they had done a pretty good job. He said the council had agreed with the residents that they should address the weight issue of trucks in the future. He said he supported the council.

A resident said they were allowing bucket trucks but his semi did not weigh much more than a bucket truck so why would they ban his vehicle. He said his truck weighs between 11,000 and 17,000 pounds.
A semi (just the tractor) weighs about 19,000 and he said he should be allowed to park it in his driveway.

A resident said if they were taking a new look at the ordinance, he wanted them to relook at repairing vehicles. He said he could not repair a flat tire in his driveway. Mr. Beyer said if he fixed it, he would be in compliance by the time a citation was issued.
There was another question on storage - about future use. If he didn't intend to use it, he could store it there. Mr. Bruns said he would still be parking it there.
Mr. Beyer said a semi could be parked, stored, or standing. If it was not being stored, it would have to be one of the other two items.
The resident said some of the items in the ordinance didn't make sense to him.
Mr. Beyer said ultimately, interpretation is done by the courts. The resident thought it should be defined well enough not to have to go to courts.

Mr. Applegate said the regulations on the repairing and dismantling vehicles were not to prevent adding windshield wiper fluid, etc, but to keep people from working on vehicles, other than their own.

Mr. Arnett talked about a Supreme Court ruling that statutes or ordinances must be understandable to be valid, that if an ordinance is vague, it can become void. He said what the city wants is to stop the 18 wheelers from parking in town. He suggested they say tractor/trailer or items of comparable size. Mr. Arnett said the council should come up with a size, not weight. He said he didn't want a fully loaded or empty trailer on his street, blocking his view because that interferes with his safety. He said he did not mind if the vehicles would be parked in the property owner's driveway.

Mrs. Edwards said they have a zoning inspector - let them do his job. Have him check out a neighbor's complaint. She suggested they say truck or semi and say what they mean. She said people were making a living from driving these vehicles.
Mr. Applegate said neighbors don't want to know their neighbors are complaining. The city does check out complaints. Mrs. Terry said sometimes people driving down the street call in and complain - it is not just neighbors.

Mr. Applegate said people move into a community and they do not call to see what the zoning is. He said people don't check to discover if they can park their tractor/trailers.
A person said her niece worked for a cable company and is in a battle with a neighbor. As part of her job, she is on call 24 hours a day and was concerned about the city enforcing the current ordinance, prohibiting her from parking her truck at her residence. Mr. Applegate said the planning commission will take a look at the weights of vehicles.

Mr. Applegate said there are three tractor/trailers in the area that are abusing the code and neighbors are calling. Mr. Applegate said they dismissed Mr. Plashek case and one other's. Mr. Applegate said 14 people were cited in 1998 and fifteen were cited in 1999 so the number of tractor/trailers coming into the community is increasing.
When there were no additional comments from the council or staff, Mayor Packard closed the public hearing.

Mr. Bruns asked if it would be appropriate to ask the city manager to review 1153.01 regarding the weight limits of vehicles or anything else with the planning commission. He said he would like to make that as a motion. The current ordinances are specific enough to add commercial district, standing, rear yard, etc. Nothing will alter or affect the 5,000 pound situation.
Mr. Hissong seconded the motion. All concurred and the motion was passed.

5. FIRST READING - ORDINANCE 1169 - AN ORDINANCE AMENDING SECTION 1153.01 (C) OF THE CITY OF UNION CODE, RELATING TO OFF-STREET PARKING AND LOADING REQUIREMENTS. (three readings)

Mr. O'Callaghan moved that they have the first reading of Ordinance 1169. Mr. Bruns seconded the motion. Mrs. Terry and Mayor Packard voted against the motion and Mr. Bruns, Mr. Hissong, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer voted for the motion. The motion passed to the second reading.

6. FIRST READING - ORDINANCE 1170 - AN ORDINANCE AMENDING SECTION 1165.02 OF THE CITY OF UNION CODE, RELATING TO DEFINING THE TERM "STORAGE." (three readings)

Mr. Beyer moved that they have the first reading of Ordinance 1170. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1170 was passed to the second reading.
Mrs. Johnson questioned the 5,000 pounds. She asked that the whole ordinance go back to be looked at by the planning commission.
Mr. Bruns explained that he had asked for that already but the 5,000 pounds was already on the books and the amendments being made at the January 24th meeting would not alter the weight of the trucks.

Mr. O'Callaghan said most of the questions asked did not have anything to do with the changes on the proposed ordinances.

7. Open Agenda

Mayor Packard thanked the crews that did the snow plowing. Mr. Applegate said there were 28 miles of streets that were
plowed.

Mayor Packard moved that Mrs. Thomas-Roth be reappointed to the planning commission. Mr. Beyer seconded the motion. All concurred and the motion passed.

Mrs. Shields also said they had done a great job with the snow plowing.

Mr. O'Callaghan said he was concerned about State Route 48. Mr. Applegate said they keep checking and patching any pot holes but the freezing and thawing is making it hard to keep the streets patched.

Mr. Hissong asked how they were doing on the lateral water lines. Mr. Applegate said they had five more to do.

Mrs. Terry said she was really pleased with how the streets were taken care of during the heavy snow.

Mr. Applegate said they have spent 5,600 dollars in overtime for the snow plowing, and had used 100 tons of salt. He said the Union crews had done a good job. He personally was out for 27 ½ hours. He said they cleaned curb to curb, and had done every ally and every cul-de-sac.
Mayor Packard said most of the cars were off the street. Mr. Applegate said the snow ordinance was created because of a bad blizzard and the residents came in complaining that they couldn't get down the streets. Mr. Applegate said it makes the plowing much easier when the residents get out and move their cars. Mr. Applegate said this time, the city got approximately ninety percent compliance. Lt. Blackwell went out and knocked on doors, letting everyone know that if they didn't move the cars, they would get ticketed.

Chief Gessner thanked the residents for moving their cars off the streets. He said they gave out 31 tickets which is less than it has been in the past.

Fire Chief Bergman recommended that the house numbers should still be visible to emergency vehicles since the curb numbers are covered up with snow.

Mayor Packard thanked everyone for coming. He said he was against tractor/trailers and he wanted to work on the ordinance until it was correct. He said he voted no on the one ordinance because he wanted to get it correct.

8. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callahan seconded the motion. All concurred and the council meeting was adjourned.

Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
___________________________
Lawrence Beyer, Vice-mayor

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Feb. 14, 2000

Mayor Packard called the February 14, 2000 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were Mr. Applegate, City Manager, Mrs. Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard moved to excuse Mr. Bruns who had informed the council at the last meeting that he would be out of town. Mrs. Shields seconded the motion. All concurred and his absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any comments or corrections on the minutes from the January 24, 2000 council meeting.
There were none so Mayor Packard moved that the minutes be approved. Mr. O'Callaghan seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience.

Jack Anderson said from what he heard about the last council meeting,(public hearing on amending zoning codes),there seemed to be a problem with the ordinance on vehicles. He asked for the council to table the ordinance until they get the ordinance right.

Charles Arnett said he was confused from the last meeting. He had asked about 1153.06 (D) (2) outdoor storage and other definitions, if storage meant any item or if like Mr. Beyer said at the last meeting, storage was defined only as applied to trucks.
Mr. Applegate said if "storage" was in the definitions, the section of the zoning code for storage, storage somewhere else in the code would still apply - since it is a definition unless there is another meaning defined in the section where it is used. Mr. Arnett said he was questioning Mr. Beyer's comments about Mr. Arnett using hyperbole in the flyers he mailed out. Mr. Beyer said storage was still not interpreted like what was in the flyers. He said that people can still store items in the yards like bicycles, garbage cans, hoses, lawn chairs, etc., that are proper to the use of the household. He said that was the point he was trying to make at the last meeting. He said some of the literature passed out implied that those items could not be stored and he asked Mr. Applegate and the law director to confirm the statement. Mr. Applegate confirmed the items mentioned by Mr. Beyer would be permitted at a residence.
Mr. Arnett read from the accessory uses of the code book and asked where it stated specifically that bicycles and garbage cans were allowed. Mr. Beyer said in accessory uses. Mr. Applegate said trash cans fall under part of the code dealing with solid waste.

3. SECOND READING - ORDINANCE 1169 - AN ORDINANCE AMENDING SECTION 1153.01 (C) OF THE CITY OF UNION CODE, RELATING TO OFF-STREET PARKING AND LOADING REQUIREMENTS. (three readings)

Mayor Packard said the planning commission had discussed the weight limit at the last planning commission meeting on February 8, 2000. He said they would be coming up with a recommendation for the council. Mayor Packard said he had done some calling around and was amazed at the weights of some of the vehicles in the town. He said he felt they were moving in the right direction with amending the ordinance and they would eventually have a public hearing on the weight issue which he felt would settle some of the concerns expressed at the last council meeting.

Mayor Packard moved to have the second reading of Ordinance 1169. Mr. O'Callaghan seconded the motion. Mrs. Terry voted against the motion, the other councilmembers voted for the motion and Ordinance 1169 was passed to the third reading.

4. SECOND READING - ORDINANCE 1170 - AN ORDINANCE AMENDING SECTION 1165.02 OF THE CITY OF UNION CODE, RELATING TO DEFINING THE TERM "STORAGE." (three readings)

Mrs. Shields moved to have the second reading of Ordinance 1170. Mr. Beyer seconded the motion. All concurred and Ordinance was passed to the third reading.

5. ONE READING - ORDINANCE 1176 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $164,700 PHILLIPSBURG-UNION ROAD UTILITY EXTENSION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF THE PHILLIPSBURG-UNION ROAD UTILITY EXTENSION PROJECT, TOGETHER WITH ALL NECESSARY APPURTENANCES. (Sixth Renewal) (waive three readings)

Mr. Applegate said this was the sixth renewal and they needed to have the three readings waived so they could get the notes advertised and sold.

In response to Mr. Beyer's question, Mr. Applegate thought they would have two more renewals for this note.

Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1176. Mrs. Shields seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1176. Mayor Packard seconded the motion. All concurred and Ordinance 1176 was passed on the first reading.

6. Open Agenda

Mayor Packard thanked everyone for their comments at the last council meeting.

Mr. O'Callaghan asked Mr. Applegate about the State Route 48 road reconstruction project and if there were any plans to smooth out the temporary traffic lanes. Mr. Applegate said they keep working on it but the patching material keeps coming out. Mr. Applegate said they were doing the best they could.
Mr. Applegate said at council's direction, he had sent a letter to Dr. Gresham about the bicycle helmets. Dr. Gresham is planning on attending the next council meeting.
Mr. Applegate said they have completed the work on all of the existing service lines and have everything hooked up to the new water line that was installed.

7. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was adjourned.

Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
___________________________
Lawrence Beyer, Vice-mayor

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Feb. 28, 2000

The February 28, 2000, City of Union council meeting was called to order by Mayor Packard. Attendance was taken and the following councilmembers were attending the meeting: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members attending were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief. Mrs. Terry's absence was excused due to illness.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the council minutes from the February 14, 2000 council meeting. There were no comments so Mr. O'Callaghan moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. Mr. Bruns abstained, the other councilmembers voted for the motion and the minutes were accepted.

2. Mayor Packard asked for George McDonald to step forward. He was then sworn in as a full time police officer for Union.

Mrs. Winemiller said that Mrs. Terry had called in and was unable to attend the meeting due to illness. Mayor Packard moved that her absence be excused. Mr. Beyer seconded the motion. All concurred and her absence was excused.

3. Presentation by Paul M. Gresham, M.D., from Ohio Pediatrics, Inc. and Beth Woolpert, Community Relations Manager from Children's Medical Center, on legislation requiring children to wear protective bicycle helmets.

4. Since Dr. Gresham had not arrived, Mayor Packard moved on to the next item on the agenda and asked if there were any comments from visitors and citizens in the audience.

Mr. Arnett said he was still not really clear on the definition of the term "storage". He asked the council to reconsider the ordinance since he considered it vague.

5. THIRD READING - ORDINANCE 1169 - AN ORDINANCE AMENDING SECTION 1153.01 (C) OF THE CITY OF UNION CODE, RELATING TO OFF-STREET PARKING AND LOADING REQUIREMENTS. (three readings)

Mr. O'Callahan moved to have the third and final reading and adopt Ordinance 1169. Mr. Bruns seconded the motion. All concurred and Ordinance 1169 was passed.

6. THIRD READING - ORDINANCE 1170 - AN ORDINANCE AMENDING SECTION 1165.02 OF THE CITY OF UNION CODE, RELATING TO DEFINING THE TERM "STORAGE." (three readings)

Mr. Bruns moved to have the third and final reading and adopt Ordinance 1170. Mr. O'Callaghan then seconded the motion. All the councilmembers concurred and Ordinance 1170 was passed.

7. FIRST READING - ORDINANCE 1177 - AN ORDINANCE AUTHORIZING A CONTRACT FOR THE MOWING OF PUBLICLY OWNED PARKS, FACILITIES AND ROADWAYS WITHIN THE CITY OF UNION. (three readings)

Mr. Applegate said this deals with the mowing contract of publicly owned land within the City of Union. The current three year contract is up on May 1, 2000. Mr. Applegate said three people picked up the bid specifications but only one bid was received from R.B. Services. Mr. Applegate said it was staff's recommendation that the bid be accepted and another three year contract be awarded to R. B. Services.
Mayor Packard noted that on the agenda, Ordinance 1177 should show that there will be "three readings" o the ordinance. Mr. Applegate said that was correct.

Mr. Bruns asked if this was a decrease or increase in mowing costs. Mr. Applegate said that in a memo to council, he had explained that there was a reduced total amount of $31.28. The decrease is $21.28 for roadway mowing and $5.00 each for locations 12 and 13. Mr. Bruns pointed out that the city was actually obtaining the contract for a lower price.

Mr. Bruns moved that the council have the first reading of Ordinance 1177. Mr. Hissong seconded the motion. All concurred and Ordinance 1177 was passed to the second reading.

8. ONE READING - RESOLUTION 00-01 - A RESOLUTION DECLARING THE NECESSITY OF A REPLACEMENT LEVY IN EXCESS OF THE TEN-MILL LIMITATION AND REQUESTING THE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY OF UNION AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY A SPECIFIED NUMBER OF MILLS.

Mr. Applegate said the street levy is coming due at the end of the year (the end of a five year period). Mr. Applegate said there is a new step in the process now that council must pass a resolution authorizing the city to get the necessary information from the Montgomery County Auditor's office. The city is asking for a replacement levy from the existing 2.2 mills back to the original 3 mills. Mr. Applegate said that they had waited from the initial levy, passed in 1976, to five years ago before asking for a replacement levy. Mr. Applegate said they would come back to council again, to have the levy put on the ballot. This replacement levy would be on the November, 2000 ballot, for the 2001 taxes which will be collected in 2002.

Mr. Bruns moved to have the one and only reading and adopt Resolution 00-01. Mr. Beyer seconded the motion. All concurred and Resolution 00-01 was passed on the first reading.

9. ONE READING - RESOLUTION 00-02 - A RESOLUTION TO INFORM STATE LEGISLATORS AND THE STATE EXECUTIVE LEADERSHIP OF THIS MUNICIPALITY'S OPPOSITION TO PASSAGE OF PROPOSED "ANNEXATION REFORM".

Mr. Applegate said they had received a request from the Ohio Coalition for Equitable Annexation in the State of Ohio. Several other communities have already adopted this proposed resolution. Mr. Applegate recommended that they approve the resolution. In response to Mr. Beyer's questions, Mr. Applegate said this was in committee and that the legislation is not ready to be passed yet. In December, the city received the information, asking the City of Union for support.

Mr. Beyer moved to have the one and only reading and adopt Resolution 00-02. Mr. Bruns seconded the motion. All concurred and Resolution 00-02 was passed on the first reading.

Mayor Packard recognized Dr. Gresham. Dr. Gresham said he was a pediatrician, affiliated with the Children's Medical Center. He is trying to promote ordinances or laws to require children to wear bicycle helmets. He has encouraged his patients to wear helmets and educating people that helmets can save almost 80 percent of children's lives that are injured in bicycle accidents. He said he lives in Centerville and started there.
Bicycles are associated with more injuries with children with the exception of the automobile. In the information that was distributed to the council, Dr. Gresham went over the statistics of injuries and how helmets use could decrease the number of injuries. He said he felt the solution should be through legislation requiring helmets. Sixteen states have laws requiring bicycle helmets for children under the age of 16. So far, his group has been unsuccessful in getting any law passed through the Ohio legislature. They are now trying to get communities to adopt legislation. Dr. Gresham said Beechwood has had their ordinance in place since 1986 and the ordinance has been very successful - all the children wear bicycle helmets. He felt that child protection laws were already in existence, like requiring seat belts, prohibiting children from purchasing alcohol, etc.
He thanked the city council for allowing him to come and address the council. He offered to answer any questions.
Mayor Packard said they have had bike activities and given out helmets and reviewed safety rules. Dr. Gresham said he thought that was a very good start. He still felt there were kids that would not wear the helmets unless it was required. He said Children's Hospital is committed to cities or areas that are passing the ordinances or laws requiring helmets and they have given out many helmets in the past.
Mr. Bruns asked if Dr. Gresham felt that adding skateboards, roller blades, etc. to the legislation was a good idea or not. Mr. Gresham said he felt it was - that the bicycle helmets was a start and hoped that it would spread to other sports.
Mr. Applegate asked if there was a problem in enforcement, having parents pay fines, etc. If children are cited, if they produce a helmet or a receipt for a helmet, the fine is waived for the first time, or they can leave that to the judgement of the officer. If they continue to warn the same kids, they can fine them. Dr. Gresham said the law is part of the educational process.

Mayor Packard asked about kids riding bicycles from city to city, like from Englewood to Union. Dr. Gresham said when they are in Union, they would have to follow Union's laws. Mayor Packard said bike paths were being developed to link cities together so he thought it could be a problem. Dr. Gresham said eventually, he hoped that the state would adopt the law.

Mr. Bruns asked for the price range of helmets that meet the safety standards. Dr. Gresham said they could be purchased for as little as $10.00. He said that Children's Hospital always has helmets that would be available for people that couldn't afford them.
Mrs. Johnson said the school had rules that you couldn't ride your bike to school until fourth grade, and if you did ride your bike to school, you had to wear a helmet. Mrs. Johnson said the actions of the police department had been wonderful. They have provided third graders helmets and given children awards for wearing helmets.

Dr. Gresham thought both of those programs were very good.
Mr. Siegler from the audience asked how many municipalities have the regulations. Beth Woolpert, Community Relations Manager from Children's Medical Center said there were six now and others were considering it, like West Carrollton.

Mr. Siegler asked if their plan was eventually to include skate boards, etc. and how many additional injuries would be eliminated if you added knee pads and wrist braces. Dr. Gresham said they did not have those kind of statistics. Ms. Woolpert said it was not an exact science yet but to even save one child from injury was important.

Dr. Gresham thanked the council for checking into the subject.

10. Open Agenda

Mr. Applegate informed the council that work crews have started the conduits on the east side of State Route 48 for the street lights and trees. After that, they will switch sides. They will hold up completing the west side until the traffic is moved back to the east side since there is not much room to work in.

Chief Gessner said by swearing in Officer McDonald, they were back to their full staff. He has been working part time for the city since October, 1998.

Bud Bergman said over the years, working for the rescue squad, he had seen many injuries that could have been avoided if kids had been wearing helmets. He said he and the rescue squad would support an ordinance requiring bike helmets. He said that children have their whole lives ahead of them and maybe just need a little direction. He said by offering free helmets, the requirement would not be a hardship on anyone.

11. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. The councilmembers all voted for the motion and the February 28, 2000 council meeting was adjourned.

Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
___________________________
Lawrence Beyer, Vice-mayor

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March 13, 2000

Mayor Packard called the March 13, 2000 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were: John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said he had been contacted by Mrs. Terry who was not able to come to the meeting because of an illness in the family.
Mayor Packard moved that her absence be excused. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the February 28, 2000 City of Union council meeting. There were no proposed changes so Mayor Packard moved that the minutes be accepted as prepared. Mrs. Shields seconded the motion. All concurred and the minutes were accepted.

2. Mayor Packard asked resident George Siegler to step forward to be sworn in as a park board member.
Mr. Siegler was then sworn in.

Mayor Packard moved to reappoint Steve Coker for an additional term for the park board. Mr. Beyer seconded the motion. All concurred and the motion was passed.

3. Mayor Packard asked if there were any citizens and visitors comments from the audience.

Resident and Park Board member Julie Johnson said they would be having an Easter egg hunt for Union children, ages toddlers through age 10. She said they would be putting out flyers to the school about the event.

She also asked about the census form that came to her address with a mailing address as Englewood, Ohio instead of Union, Ohio. Mayor Packard said he had also brought that to Mr. Applegate's attention.
Mr. Applegate said he had been working on census information since 1998, going through appeals, finding residents that have not been counted, etc. He informed the council that he had already called and questioned the census office and asked if the four digit addition to the zip code was also incorrect. Mr. Applegate said the census office assured him that it would be taken care of. The next correspondence he received, there was still an error and he had called the census office again but had not received an answer.
Mr. Applegate said he was keeping on top of it and would continue to monitor the situation. He said that he had already spent a lot of work and time on getting correct numbers to the census.
Mr. Beyer said the last four digits was the mail carrier route number.

Ron Van Horn said he had seen Clayton's Mayor Gudorf on the news about supplying water for the high school. Mr. Applegate said the city has offered Clayton water for the school. Mr. Beyer said they have offered water both before and after the Clayton merger. Mr. Van Horn asked if the television news station knew that. Mr. Beyer said the meetings were public. They had offered to trade some land for providing Clayton water.

4. SECOND READING - ORDINANCE 1177 - AN ORDINANCE AUTHORIZING A CONTRACT FOR THE MOWING OF PUBLICLY OWNED PARKS, FACILITIES AND ROADWAYS WITHIN THE CITY OF UNION. (three readings)

Mrs. Shields moved to have the second reading of Ordinance 1177. Mr. Beyer seconded the motion. All concurred and the motion was passed.

5. Open Agenda

Mayor Packard thanked everyone for their comments, especially about the water situation to the high school.

Mr. Beyer said he thought the newsletter was excellent. Mrs. Shields agreed.

Mr. O'Callaghan said the Easter egg hunt would be on April 15 and he invited the council. He said last year the council donated $400.00 to the Union Ladies' League for the Easter egg hunt. Mr. O'Callaghan moved to donate $400.00 again to the Ladies League for this year's event. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns said he was looking at the newsletter, where it shows where the property tax money goes to. More money from the property tax goes to the county (22.4%) rather than the city (21.8%).

Mr. Applegate said that Union had received the new survey from Englewood on water and sewer rates. In the combined water and sewer rates, Union is seventeen lowest out of sixty-three communities. Last year, they were nineteen so they have moved up two positions.

Mr. Applegate said that he needed a motion from the council to allow the city to submit for Community Development Block Grant (CDBG) money. Mr. Applegate said they are looking to bringing the city building up to ADA compliance and are looking for one hundred fifty-two thousand eight hundred twenty-five dollars with ten percent of that being the city's contribution. It would include upgrading restrooms, building an atrium, and putting in an elevator to the upstairs. They would also like to complete the second floor of the building.
The second application would be for Springview Acres plat - for resurfacing Lutz Drive. Mr. Bruns moved to authorize the city to submit CDBG applications. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Applegate said that the city had received referendum petitions on Ordinance 1169 and 1170 from Ronald and Jennifer Kidwell. Once the city has reviewed the petitions, they will be submitted to the Board of Elections.

6. Mr. Beyer moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the council meeting was adjourned.

Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
___________________________
Lawrence Beyer, Vice-mayor

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March 27, 2000

Mayor Packard called the March 27, 2000 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections for the minutes from the March 13, 2000 meeting. There were none so Mr. O'Callaghan moved that the minutes be approved. Mr. Beyer seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the March 13 council minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience.

Mrs. Johnson from Martindale Road, asked about two gravel driveways, one on East Martindale Road and Leona Jackson's old property on Main Street. Mr. Applegate said the one at Leona Jackson's would be completed after State Route 48 was completed.
Mr. Applegate said he had also talked to Mr. Cantrell on East Martindale Road regarding the driveway that has been expanded and Mr. Cantrell said he would be paving the driveway this spring.

Larry Combs from 105 North Main Street asked about the storm sewer. He said that he had heard that the storm sewer would be between his property and Mr. Jackson's. Mr. Combs said gravel has been placed there and he asked if the storm sewer would be going down the alley. Mr. Applegate said it would not. Mr. Combs then asked if the gravel would be remaining there. Mr. Applegate said the alley with the gravel is owned by the city and it has been used by Mr. Combs but it does not go all the way through.
The storm sewer that Mr. Combs is referring to, the drainage will come north and across State Route 48. In answer to the Mayor's questions, parking will not be permitted on State Route 48 and the only access to these properties will be the allies. Mr. Applegate said Mr. Combs and Mr. Jackson will probably be using the alley to park. Mr. Applegate said that eventually the city will probably pave the alley.
Mr. Combs said he understood his neighbor's concern. He said Main Street was a mess and he asked if it would be paved or if he could put gravel to the rear of the property so he can get his four vehicles off the street. He wanted to put down gravel now but he didn't want to be in violation of the existing ordinance. Mayor Packard asked if it would be temporary or permanent. Mr. Combs said legally he had parking on Main Street. He said when the work crews knock on his door and ask him to move his vehicles he does but he said he doesn't have to. He asked if he needs to pull behind his house to park, and he puts gravel down so he can get back out when it rains, would it be legal?
Mr. Applegate said anyone could put a parking area on their lot. Mr. Applegate said yes, Mr. Combs could put gravel back there. Mr. Combs asked for how long? Mr. Combs said he did not want to be cited.

Mr. Applegate said they have not cited anyone on Main Street for parking in the yard because of the construction. He said that it was not the city's decision but the federal government's that lent the money for the road project, that State Route 48 would be a no parking zone. Mr. Applegate said the alley was there before the ordinance was in effect. He said he thought that the city would pave the alley. He said that if Mr. Combs wanted to leave a parking area in the back of his yard to use as a parking area, it would eventually have to be paved.
Mr. Combs said he was just concerned during the time the construction was going on. Mr. Combs said that he thought that the council should let him know when the project would be done and when he would not be in compliance anymore because he did not want to be sent a citation. Mr. Applegate said the project should be done by December 2000.

Another resident asked if all the gravel driveways on Main Street will need to be paved once that State Route 48 is completed. Mr. Applegate said anything new would have to be paved but there were some properties that had the requirements waived by the Board of Zoning Appeals because the properties were there before the ordinance was in effect.

3. Discussion and motion on application for placement of farmland in an agricultural district for Glynn Marsh and Sue Cummings at 3473 Sweet Potato Ridge Road.

Mr. Applegate said this was for the approval of the placement of farmland in an agricultural district for another five years. He said Mr. Marsh was present if there were any questions and Mr. Applegate said the staff recommended approval.
Mr. Beyer asked if Mr. Marsh could explain the new application. Mr. Marsh said there were two additional parcels purchased at two different times. Now they are applying for all three parcels.

Mrs. Terry asked why it had to be brought up every five years. Both Mr. Marsh and Mr. Applegate said it was a requirement of the county.

Mr. Beyer moved to approve the application for placement of farmland in an agricultural district for Mr. Marsh and Ms. Cummings.
Mr. Bruns seconded the motion. All concurred and the motion was passed.

4. THIRD READING - ORDINANCE 1177 - AN ORDINANCE AUTHORIZING A CONTRACT FOR THE MOWING OF PUBLICLY OWNED PARKS, FACILITIES AND ROADWAYS WITHIN THE CITY OF UNION. (three readings)

Mr. Beyer moved to have the third and final reading and adopt Ordinance 1177. Mr. Bruns seconded the motion. All concurred and Ordinance 1177 was adopted.

5. Open Agenda

Mayor Packard said that he has seen people really working on their yards and gardens and he appreciated all the effort from the Union residents.

Mr. O'Callaghan reminded everyone that there would be an Easter Egg Hunt on April 15, at 11:00 at Union Elementary. Mrs. Johnson said it was for toddlers through ten years old.

Mrs. Terry encouraged everyone to come to the Easter Egg Hunt and she thanked the council and park board for their donation every year. She said the event was a lot of fun and was growing bigger each year.

Mrs. Terry said her husband had been very ill and she had to call the emergency squad. She said with their fast reaction, he was saved from being on a respirator. She said she was grateful and she would be writing a thank you letter to the rescue squad and she wanted to have it posted at the fire house.

Mr. Applegate said there were several memorandums in the council packets. He said the first one was for a change of zoning from A-R to R-3 for a property at 501 North Main Street owned by Mike and Teri Mangen. The planning commission has recommended that the city council set a date for the pubic hearing. Mr. Applegate suggested May 8, 2000 for the public hearing. The Mangen's are proposing building a new home, subdividing their lot, and selling their old home. The area would still be zoned single family.

Mr. Beyer moved to have a public hearing on May 8, 2000 for the zoning change for Mr. Mangen.
Mrs. Shields seconded the motion. All concurred and the motion was passed.

Mr. Applegate said council had another memo concerning an amendment to the Vehicles and Other Vehicles section. He said just before the meeting, Mr. Moore, the law director, asked if the proposed amendments could be tabled. Mr. Moore said he asked for a little additional time to check a few more things. He thought he could be ready by the next meeting. Mr. Beyer said the topic was not on the agenda so they did not need to table anything. Mr. Moore asked that they just postpone the discussion until the next meeting.

Mrs. Terry asked if Te-Co had a storage lot. Mr. Applegate said they did. Mrs. Terry commented that someone said that they couldn't store their passenger vehicle there when went up and removed a truck stored there. Mr. Applegate said it was his understanding that the passenger vehicle could be stored there until the truck was returned.

Mr. Applegate said that he had been in touch with the Census Bureau and they have assured Mr. Applegate that the census forms from Union residents will be credited to the City of Union even though they were addressed to Englewood.

Chief Bergman cautioned people to watch our for mulch fires. He suggested that they keep the mulch away from the house.

Mr. Applegate showed the council a copy of an ad by Houser Concrete claiming that the city was marking curbs, etc. Mr. Applegate said he had called Houser Concrete and is sending them a letter cautioning them about the ad. They told Mr. Applegate that it was an error.

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

Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
___________________________
Lawrence Beyer, Vice-mayor

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