Union City Council Meeting Minutes
First Quarter 2001
 
Jan. 8, 2001, Meeting Minutes
Jan. 22, 2001, Meeting Minutes
Feb. 12, 2001, Meeting Minutes
Feb. 26, 2001, Meeting Minutes
March 12, 2001, Meeting Minutes
March 26, 2001, Meeting Minutes

Jan. 8, 2001

Mayor Packard called the January 8, 2001 Monday night council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields. Mayor Packard said Mr. Beyer had called and would be a little late due to medical reasons.

Other city staff members that were 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 in the minutes from the December 18, 2000 council meeting. There were no corrections so Mayor Packard moved that the minutes be accepted as prepared. Mr. Bruns seconded the motion. Mr. Hissong abstained, Mr. Bruns, Mrs. Terry, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields voted for the motion. The minutes were accepted as prepared.

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

Mr. Glynn Marsh thanked the council and city staff for their assistance to the Randolph Township Historical Society in the past three years. The museum should be opening in a few months. Many items have been donated, for instance they just received a wall map dated from 1857.

3. FIRST READING - ORDINANCE 1211 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $300,000.00 CITY BUILDING IMPROVEMENT BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVEMENTS TO THE CITY BUILDING. (three readings)

Mr. Applegate said this deals with the notes that concern the renovation to the city building that was approved by the council at the last meeting. It is for $300,000 and the staff recommends the passage of this ordinance.

Mr. Bruns moved to have the first reading of Ordinance 1211. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1211 was passed to the second reading.
Mr. Applegate said that if anyone asked why the city was having three readings of this ordinance, he said by the city charter, the first issuance of notes was required to go through three readings. When the note comes up for a renewal, it can then be passed by one reading or by declaring an emergency.

Mr. Applegate said they were working on getting the plans completed for the city building and they were hoping they would be ready by the end of February. They hope to have the plans to go out for bids by April 1, with the opening some time in May, and then the contract will be awarded.

Mr. Beyer arrived at the meeting.

4. FIRST READING - ORDINANCE 1212 - AN ORDINANCE AMENDING 1131.01 OF THE UNION CODE, ADOPTING THE 1999 OHIO BUILDING OFFICIALS ASSOCIATION (OBOA) RESIDENTIAL BUILDING CODE AND THE MIAMI VALLEY AMENDMENTS TO THE OHIO RESIDENTIAL CODE FOR ONE, TWO, AND THREE FAMILY DWELLINGS. (three readings)

Mr. Applegate said they were asking for the city to adopt the Ohio Building Officials Association Residential Building Code and also the Miami Valley amendments. Other cities have been adopting the regulations already and Union wanted to also adopt these codes, as they have in the past.

Mr. Bruns moved to have the first reading of Ordinance 1212. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1212 was passed to the second reading.

5. ONE READING - RESOLUTION 01-01 - A RESOLUTION DECLARING THE NECESSITY OF A REPLACEMENT STREET 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, to meet a state requirement, the city needs the county auditor to certify to the city the total value for the millage requested, to place the levy on the ballot and to be certified so the city is authorized to put this on the ballot. This begins the process which is necessary since the street levy was defeated at the last election.

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

6. Open Agenda

Mayor Packard said he hoped that everyone had a good holiday.

Mayor Packard said they had an opening on the personnel and advisory board. He asked for interested citizens to come forward and complete an application.

There is also an opening on the park board and there will be an ad in the newspaper advertising for that volunteer position.

Mayor Packard moved to re-appoint Glynn Marsh to the planning commission. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Beyer apologized for being late and asked that the record show that he arrived by item number 4 on the agenda. He said that he was getting his schedule changed to avoid being late in the future.

Mr. O'Callaghan welcomed Mr. Hissong back to the meeting after his recent surgery. He also said he was looking forward to a productive year.

Mr. Hissong thanked everyone for their best wishes and said he was doing well and glad to be back.
Mr. Hissong thanked the city workers for doing such a tremendous job during all the snow and ice.

Mrs. Terry welcomed Mr. Hissong back and commended Mr. Beyer for his dedication and courage. She wished everyone a great new year.

Mr. Applegate had several items to bring out. There was information distributed to the council that was put together by the fire chief, Mr. Applegate, and Mr. Smith, Englewood's city manager. There are two items. The first is an ordinance adding a code section, 557, (proposed ordinance 1213). It concerns emergency access and nuisance alarm codes. Mr. Applegate said they have been looking at this for awhile. The problems are mostly caused by lack of maintenance of business alarm systems. Mr. Applegate recommended that this be on the agenda for the first meeting of February.

Fire Chief Bergman said the purpose was not to generate funds but to deter false alarms. False fire alarms repeated over and over for the same address can eventually possibly slow down a response. They don't have that problem now and this ordinance will keep that from ever happening. The purpose is not so much for residential homes but for businesses.

Chief Gessner said they have had similar false alarms for the police being called out to businesses. Chief Gessner said it happens so frequently that the employees didn't even pay attention when the police arrive. Chief Bergman said they had the same thing with a business in Englewood.

Mr. Bruns moved that the city manager have Ordinance 1213 put this on the agenda for the first meeting in February. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

The next item was the City of Union Fire and Rescue year 2001 improvement proposal. There has been an increase in EMS calls within the last year - a thirty-two percent jump from 1999 to 2000. The expenses have gone up accordingly resulting in increased items in the budget. The expenses are for manpower, gasoline, and other things to run emergency services. There has been a 35.6 percent increase in personnel and contract costs. On the fire department expenses, there has been a 25 percent increase.
The city has looked at what they can do to help the department continue to provide the best service. They are considering billing for services now. The city has two years left to go before they will consider asking for any additional change in the levy. Mr. Applegate said they need to do something.

Chief Bergman said they would be looking at charging services to insurance companies, not the individuals calling for service. Other cities are already doing this because their departments have seen the need. The insurance money is there and there should be no increase of insurance rates. Chief Bergman said he felt it would be a disservice not to obtain the money - since people have already paid for this through their insurance rates. The city would not try to collect from the individuals. Chief Bergman said they would accept what was received from the insurance company. They believe they could obtain up to $50,000 for this change. The money will go towards capital improvements and EMS staffing.
Mr. Bruns asked if someone had no insurance, what would happen. Chief Bergman said they would have to be billed - that would be required, legally by Medicare rules, but the city would not force collection. Chief Bergman said Englewood will be discussing this at their next meeting.

Mr. Applegate said ninety percent of the people don't use their services but they still pay for it. Over fifty percent of the people are not homeowners, they are traveling through the city or living in apartments.

Mr. Bruns moved that the staff prepare the necessary legislation to place this on the agenda for the first meeting in February. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Applegate said they thought they would be striping State Route 48 by Wednesday. By Thursday, they hope the road will be open. The Englewood Dam is open now.
Mr. Applegate said he had received a letter from the YMCA and was asked to pass on their appreciation for the donation of $10,000 for the next five years ($2,000 per year).

Chief Gessner said they had caught a fourteen year old burglar that was active for November and December. He was sent to Juvenile Detention and had to stay a few days.

They also had about five traffic accidents, due to the slippery roads.

Mr. Applegate said he had received a copy of a letter sent to Clayton residents from Mayor Ted Gudorf. Mr. Applegate read the third paragraph of the letter:

Union's demand that Clayton exchange land (approximately 1,000 acres) for water was a major stumbling block. In addition, its water system is significantly undeveloped and its financial footing is tenuous.

Mr. Applegate said the city never demanded 1,000 acres. They only asked for what Mr. Gudorf had originally promised to the city. Mr. Applegate said he did not know what Mr. Gudorf meant by "significantly undeveloped". He also did not understand about the "financial footing is tenuous" comment. No one has ever contacted the city for their financial records. He said these comments reminded him of comments made during the merger. Mr. Applegate said he felt this letter put the city in a bad light.

Mayor Packard said he hoped that some of Mr. Applegate's comments in defense of Union made it into the local newspaper coverage.

7. Mr. Beyer moved that the 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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Jan. 22, 2001

The January 22, 2001, City of Union council meeting was called to order, Monday evening, at 7:30 p.m. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mark Henry, Legal Counsel, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said that Mrs. Terry and Mr. Beyer had contacted the office and they would not be attending the meeting. Mrs. Terry and her husband were ill and Mr. Beyer was to have by-pass surgery the next day. Mayor Packard moved to excuse their absences from the meeting. Mr. Bruns seconded the motion. All concurred and the motion was passed. Mrs. Terry and Mr. Beyer were excused from the meeting.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections for the minutes of the January 8, 2001 council meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Bruns seconded the motion. All concurred and the council minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from citizens and visitors that did not concern the public hearing on the rezoning.

Ray Mitchell said he wanted to address the council about the local power company breaking up. Mr. Mitchell discussed dumps, landfills, and incinerators. He asked for residents to contact the county commissioners and power companies and express their concerns about potential power shortages and ask for research parks and alternate energy sources.

3. Public hearing on the rezoning of property from Agricultural-Residential, A-R, to Residential-3 (R-3) on approximately 110+ acres located on the north side of Old Springfield Road and west of the intersection of Kessler-Frederick Road and Old Springfield Road.

Mayor Packard asked everyone that wanted to speak during the public hearing to complete a form and turn it in to the police chief. The mayor asked that people limit their comments to five minutes.

Mayor Packard introduced Ron Nunnari from the Englewood Independent and Martha Hardcastle from the Dayton Daily News who were sitting up at the council dais in the empty councilmember's chairs so that more seats were available to the public.
Mayor Packard said that developers would make a presentation first and then the people in the audience could speak.

Mayor Packard opened the public hearing. Everyone wishing to speak would need to be sworn in. He asked people to stand and they were sworn in and asked to be seated.

Mayor Packard said he would call upon each person, ask them to state their name and that they have been sworn in. Then they would be allowed to make their presentation or ask questions.

Mr. Applegate said this was a rezoning for approximately 110 acres located in Butler Township. The public hearing was advertised and notices were sent out to adjoining property owners. Mr. Applegate said this was the second time this rezoning has come before the council.

Mark Locke, from Oberer Development introduced himself and said he had been sworn in. He said they made a presentation six weeks ago asking for one tract to be zoned R-3 and the other tract to be zoned R-4. There were concerns with the R-4 tract and suggestions that both tracts be zoned R-3 which requires larger lots. R-4 zoning allows a 60 foot lot. R-3 will mean no lot will be less than 80 feet wide. By changing the lot size, they have also eliminated the Old Town series and will be putting in the American Dream Series and Gold Key Series of homes. By increasing the lot size, they have also decreased the number of homes to be built. Initially, there were 305 to 310 lots. Now there are 265 to 275 homes. The access points, Old Springfield, and Frederick Road across from Furnas Road will be the same. They will also get additional comments from the city traffic engineer as the plans get more detailed.

George Oberer Jr. asked to speak to the council and stated that he had been sworn in. He said they would be placing and maintaining landscape buffers, decorative fencing, etc. to buffer the homes from the road and the road from the homes. He also said that some of the homes overlooking the river valley would be larger homes.
Mr. Oberer said that in this proposal, the density is less and the square footage of the homes and size of the lots is larger.

George Stiegler of Hitching Post Road in Union said he had been sworn in and was in favor of the development. He said he knew there was concern about the property values and that he felt this development would increase their property values.

David Mobley said he had been sworn in. He said he lives on Furnas Road and recently had his property reappraised. In three years, he said the appraisal had increased by $50,000. He said that lots are two and three acres or more in the area. He objected to so many homes in the development, saying that it would hurt the other existing properties with the wooded, rural setting.

Katherine Kauflin, from Furnas Road, said she had been sworn. She has resided in the area since 1969. She has a single family home on an acre and a quarter and asked that the homes be brick or stone construction. She said she felt anything less than that would bring down their property values. She said she was attending the meeting to speak for other people that could not attend and to speak for the youth in their community. Ms. Kauflin stated she had been a teacher for the last twenty-five years. In the last year, they had to hire one and ½ extra teachers for the Vandalia school system. She said they can not handle any more students. Ms. Kauflin said she was not talking about the value of the homes but of the future education of the students. She said she was objecting to the number and quality of homes.

Carole Jackson residing on Springview homes and she has been sworn in. She said that she wanted bigger acreage for homes, not R-3, for the same reasons that other people have stated.

James Elliott, residing at the north-east corner of Frederick and Furnas said he had been sworn in. He said he has lived there for 33 years and his house is directly across from the development. He said he was opposed to the development. He was against the size of the houses and also a future traffic light in front of his house on Frederick - that the road was too noisy now.
He wanted to know how far back the houses are from the road. Mr. Locke said that from the edge of the pavement to the back of the house would be 65 to 75 feet. The lots will be 175 to 200 feet deep.
Mr. Locke said they were asked by the county engineer to minimize the driveway access to Frederick. Mr. Elliott noted that he would be looking at the back of the houses instead of the front of the houses.
Mr. Locke said there would be landscaping, trees, mounding, etc.

Mr. Elliott asked why Ordinance 1210 was being declared as an emergency. Mayor Packard read Section III of Ordinance 1210.

The City Council has determined that this Ordinance shall be declared to be an emergency measure necessary for the immediate preservation of the public health, and welfare in that it will provide sanitary sewer to a non-serviced part of the city for the city's use and benefit in the future; it will provide additional and increased revenues for the city; and it will benefit the city in other respects. This Ordinance shall take effect and be in force from and after the earliest period allowed by law.
Mr. Elliott said he did not see any emergency in developing the land right away. He said his lot was 300 feet by 300 feet and most people had lots that size or larger.

J.D. Jackson said he had been sworn in. He asked if the roads on Old Springfield Road and Frederick Pike would be widened and if so, which side, or would they split it 50/50. He also asked who purchased Miller's Grove Recreational property and if it would still be kept as a recreational area.

Mr. Applegate said if it was the same people that talked to him a few months ago, that it was their intention to continue to use the property the way it has been used. In response to Mr. Jackson's question, he said the Miller's Grove property was zoned Light Industrial and was zoned that way before it came into Union.
Mr. Applegate said no one had contacted him since the property had been closed.
Mr. Miller said part of the property was in the flood plain and was under the park district's jurisdiction.
Mr. Oberer said they will be required to make improvements and those will come out of Oberer's side of the property. They will pay for any curbs, sidewalks, etc, on their side of the street. He said they have not submitted final plans to the county yet.

Mr. Applegate said the proposed improvements would be in the existing sixty foot right-of-way. Possibly the road would eventually be four lanes but as far as he knows, improvements would occur in the existing right of way.

Mr. Jackson asked about the impact with the schools.
Mr. Oberer said he spoke to the school district and they will take no position on this or any other rezoning. They said they do appreciate that they were contacted. The schools are presently planning for the future and will take this development and others in consideration. Mr. Oberer said that the development would take place over ten years. In the past, the statistics have indicated that the development would increase the populations in schools by .85 kids per household. That survey is five years old and is approximate.
Mr. Jackson asked what the cost of the busses and drivers would be. That information was not available from Oberers. Mr. Jackson said he was opposed.

Thomas Gearheart said he had been sworn in and lives on Frederick Pike. He said there was no disclosure on the potential development. He just moved from Huber Heights and is opposed to the development. He said that the traffic is heavy on Frederick Pike.

Shawn Higgins said he had been sworn in. He said he had attended the last meeting and had a few more questions. He asked if there were other homeowners' associations in Union. He was concerned about insurance coverage being hard to obtain for homeowner's associations with retaining ponds, basket ball courts, etc. He wanted to know who would enforce the by laws and the cost of the homeowner's association and who is responsible for the maintenance of the ground.
Mr. Oberer said they have been developing areas similar to this one since the 1960's and that homeowners associations became very popular in the 1970's. He said they have never had a homeowner's association fail. He said that frequently retention basins are required and both the city and the individual homeowner does not want the responsibility so the homeowner's associations are created. They also are responsible for maintaining green spaces, and making sure the by-laws and covenants are followed. A professional management company will run the homeowner's association until there are a significant number of people in the area to take it over. Mr. Oberer said since they have not finalized plans, he's not sure what the development will include but he said they have never had a problem getting insurance.

Mr. Higgins then asked what the width of a typical home would be on this proposed eighty foot wide lot. Mr. Oberer answered a sixty feet width would be a typical size home, leaving ten feet side yard on each side.

Mr. Higgins then asked what the phone exchange would be. Mr. Oberer said since it was not a zoning issue, they hadn't checked that out yet.

Cindy Brockert said she had been sworn in, and resides on Frederick Pike. She said she was at the last meeting and was concerned about her children and the number of children in their class rooms. She was concerned about a "divided" school system. She asked for a compromise of R-1 zoning and start the homes at 175 to 250 thousand dollars so that the new homes are comparable with the property values that they already have. She said she had a property that was valued 350 to 375 thousand dollars and the developers were planning on putting in a 130 thousand dollar home.

Mark Locke said that he knew from the last meeting that residents had concerns over the property values. He said he went to the county and looked at the thirty-four properties to get the appraised value of the properties. The average was $122,000 dollars. There were some that were under 100,000. Twenty-four of the thirty-four were over 100,000 dollars. The average of those homes were 148,000 dollars. This is the appraised value.

There are no $20,000 lots and there weren't any in the last proposal. If the Old Towne series were used, they would be starting at 130,000. Now they are dealing with 80 foot lots, which are what the people liked at Millwood. These homes will be comparable and the price range will start at an estimated 160,000 dollars and go up to close to the 300,000 dollar range.

John Manning said he lived on Furnas Road and had been sworn in. He said he was opposed to the development. He said it was a very desirable area and he said he thought it would be better developed as R-1. He wanted something to drive their property values up. He said they want homes with acreage, like they have existing four acre, seven acre, and eight acre lots.

Don Hopper from Furnas Road was sworn in by Mayor Packard. He said all of the homes built in the area have been 250,000 dollars and up. He said Mr. Miller did a disservice to his neighbors in his attempt to obtain water for his property.

Mayor Packard told about a past incident where the city provided water to the people that needed the water. He said people had approached the city to obtain water because their wells were inadequate.

Sharon Armstrong, from Furnas Road said she was opposed to the development because of the additional traffic it would create.

Rob Eichenauer asked what the lots would sell for and asked what size in acreage they were. Mr. Oberer said lots would be sold for the upper 30's or lower 40's, including water and sewer. The size would be approximately .3 acres. Mr. Eichenauer said he sold two lots on Old Springfield. He sold 1½ acre lots without water and sewer for forty thousand dollars. He said he was opposed to the smaller lots but he could see it going both ways with property values. He said he was asking the council to consider what Butler Township wants to see out there.

James Cotrell was sworn in. He asked what size Mr. Oberer's lot was. Mr. Oberer said that had nothing to do with the rezoning issue.

Ms. Kauflin talked about school levies and increased utility bills and was concerned about higher taxes.

Mr. Mobley mentioned problems with the Beavercreek school levy and people leaving the area. He was concerned about how the new development would affect the school district.
Mr. Applegate said property taxes generated will go to the Vandalia School District. He said that in Union, they have never seen a decrease in property values and the last time, they had one of the highest increases in Montgomery County. When a levy is passed, there would be a valuation. As the valuations increase, the cost to the individuals go down, because the amount collected by the levy will remain the same.
Mr. Applegate said that based on past history, he did not feel that the development would cause any problems to school districts.
The 80 foot wide lot is a minimum. Mr. Applegate said there are bigger size lots shown on the conceptual plan.
Mayor Packard asked Mr. Oberer where in Vandalia were more developments managed by Oberer Development. Mr. Oberer said there was a commercial development in the Northwood area. He also mentioned that Washington Township Schools had a very good school system and they were putting in a development with sixty-five foot wide lots.

Mr. Elliott asked about the phrase "riverfront lots" and asked about the houses being built over ten to twelve years. He asked for more details before getting the zoning. Mr. Elliott asked how many people had hooked up to Union's water.

Mr. Applegate said everyone that had petitioned for annexation had received water service. There are probably seven or eight people.

Mr. Oberer said he was referring to the "river valley" or flood plain.

Mr. Jackson addressed Mr. Locke about the average value of the homes being $122,000. He said most were built in the late 50's or early 60's. He said the homes were quality homes. Mr. Locke said he was just trying to get a value of the homes, according to the county auditor's office.

Mayor Packard closed the public hearing.

4. ONE READING - ORDINANCE 1210 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED AND DECLARING AN EMERGENCY.

The mayor read the last section of the ordinance on why it was an emergency. Oberer Development has been before the planning commission and council twice. They have made compromises and are willing to address people's comments. The developer wants to get started and begin building in the spring of this year.
Mr. Applegate said no one, whether it was a developer or individual would be required to spend the funds necessary to submit completed engineered drawings at this stage of the application. He said just as is done in any city or township, if the rezoning is approved, that would start the next step of the process which is providing more detailed plans.
The Union planning commission meets the second Tuesday of each month and is open to the public. They want this rezoning to take place, and the city would like to get sewer in the area.

Mr. Applegate said the property was annexed in 1995 and a service resolution was passed. The city advertised and sent letters to people adjacent to the ground. Mr. Applegate said it was not a secret and the city had worked to install the utilities. Mr. Applegate said they had been working with Frederick since 1987 to provide water. Ground can not be annexed unless property owners have signed for the annexation.

Mr. Bruns moved that Ordinance 1210 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance 1210. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1210 was adopted.

5. SECOND READING - ORDINANCE 1211 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $300,000.00 CITY BUILDING IMPROVEMENT BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVEMENTS TO THE CITY BUILDING. (three readings)

Mr. Bruns moved to have the second reading of Ordinance 1211. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1211 was passed to the third reading.

Due to the number of people leaving the meeting, Mayor Packard moved for a five minute recess. Mr. Bruns seconded the motion. All concurred and the motion was passed.

6. SECOND READING - ORDINANCE 1212 - AN ORDINANCE AMENDING 1131.01 OF THE UNION CODE, ADOPTING THE 1999 OHIO BUILDING OFFICIALS ASSOCIATION (OBOA) RESIDENTIAL BUILDING CODE AND THE MIAMI VALLEY AMENDMENTS TO THE OHIO RESIDENTIAL CODE FOR ONE, TWO, AND THREE FAMILY DWELLINGS. (three readings)

Mr. Bruns moved to have the second reading of Ordinance 1212. Mr. Hissong seconded the motion. All concurred and Ordinance 1212 was passed to the third reading.

7. ONE READING - ORDINANCE 1213 - AN ORDINANCE ADOPTING A STATEMENT OF SERVICES THE CITY OF UNION WILL PROVIDE TO 755.344 ACRES PROPOSED FOR ANNEXATION TO THE CITY OF UNION AND DECLARING AN EMERGENCY.

Mr. Applegate said this is required by the Ohio Revised Code and deals with the annexation process. It is a statement of services that the city council has to approve and adopt and it becomes part of the information required to be submitted to the county commissioners for the public hearing process. This deals with 755.344 acres.

Mr. Bruns stated it was being done as an emergency because it needed to be in effect by the hearing date for Montgomery County on February 13, 2001.

Mr. Applegate showed the councilmembers where the land was located on a map.

Mr. Bruns moved that Ordinance 1213 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance 1213. Mrs. Shields seconded the motion. All concurred and Ordinance 1213 was adopted on the first reading.

8. Open Agenda

Mayor Packard said that he was pleased that people had attended the meeting and had a chance to ask questions.

Mrs. Shields said the developers had listened to what was said and had made a lot of changes. She said she felt good about the plans for the development. She also said her thoughts would be with Mr. Beyer during his surgery the next day.

Mr. O'Callaghan said he also wished Mr. Beyer well.
Mr. O'Callaghan wanted to comment on the opening of Main Street. He said it is fantastic.
He also commented that there had been some improvement in the property next door.
Mr. O'Callaghan asked if there were any plans for a center line down Martindale Road. Mr. Applegate said they had never had a problem with that and always maintaining the line would become a maintenance problem.

Mr. Hissong also wished the best for Mr. Beyer and said he said he thought Main Street was really nice.
Mr. Hissong asked about the wiring on the pear trees. Mr. Applegate said they were waiting for parts to come in and once they were in, the electrical connection could be removed.

Mr. Bruns said they were thinking about Mr. Beyer and his upcoming surgery.
He said he wanted to commend the city and staff for their work on Main Street and getting it opened and striped.
Mr. Bruns said that concerning the vote on the rezoning, the developers made the changes they were asked and still have to go before the planning commission and get their plans approved. There are still things that the council can do to make sure it is a quality development. Mr. Bruns said everyone on the council wants a quality development there. He said he was upset about people considering one hundred sixty thousand to two hundred fifty thousand, and three hundred fifty thousand dollar ranges as cheap housing. Mr. Bruns said he felt this development would be beneficial for the entire Union community.

Mayor Packard thanked Mr. Applegate and the staff for helping in putting the public hearing together.

Mr. Applegate said he was glad to see State Route 48 open.

The rest of State Route 48 was approved for reconstruction the year of 2004 which would take the road the rest of the way to Phillipsburg-Union Road. If other projects don't meet the time table, the project could be moved up. The road improvement will be fully funded.

Mr. Applegate said he thought the public hearing went well. He said they will be working closely with the Planning Commission to make sure it is a quality development. He said they are aware of people's concerns. The reason the city was there was because they had responded to people's request for water and they were glad to be able to provide services to that area. They have been dealing with one hundred percent of people signing for annexations to get water.
Mr. Applegate said the city will file other annexations in the area once the 755 acres is approved.

Mr. Henry said that the rationale for having each person testify, and getting sworn testimony is if there are any legal proceedings, sworn testimony is admissible in court

proceedings. This is why the change in conducting the meeting was instituted.

Chief Gessner said they have been monitoring Main Street and the speeds have been lower than they expected. Very few tickets have been written and they will continue to monitor it. So far, speeding on Main Street has not been a problem.

Chief Gessner said last month they had reported five accidents in December. He saw the published figures for Beavercreek the next day and they had 224 accidents.

Fire Chief Bergman suggested the Butler Township residents check with their insurance company. He said their insurance rates could be reduced because of the installation of fire hydrants.

They recently responded to a fire in Butler Township the week before so Chief Bergman said they were still being good neighbors.

9. Mr. O'Callaghan moved that the council meeting be adjourned. Mr. Bruns seconded the motion. All concurred and the January 22, 2001 council meeting was adjourned.

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

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Feb. 12, 2001

Mayor Packard called the Monday, February 12, 2001 meeting to order. Attendance was taken and the following councilmembers were at the meeting: 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, 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 additions or corrections of the minutes from the January 22, 2001 council meeting. Mr. Bruns said that on page 12, the figures concerning the price of homes needed to have "thousand" inserted after the dollar figure.
Mayor Packard moved to accept the minutes with the correction requested by Mr. Bruns. Mr. O'Callaghan seconded the motion. Mr. Beyer abstained, the other councilmembers voted for the motion and the minutes were accepted with the correction to be made to page 12.

2. Mayor Packard asked for Helen Oberer to step forward and she was sworn in as Park Board member.

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

There were no comments from the audience.

4. THIRD READING - ORDINANCE 1211 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $300,000.00 CITY BUILDING IMPROVEMENT BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVEMENTS TO THE CITY BUILDING. (three readings)

Mr. Bruns moved to have the third and final reading and adopt Ordinance 1211. Mr. Beyer seconded the motion. All concurred and Ordinance 1211 was adopted.

5. THIRD READING - ORDINANCE 1212 - AN ORDINANCE AMENDING 1131.01 OF THE UNION CODE, ADOPTING THE 1999 OHIO BUILDING OFFICIALS ASSOCIATION (OBOA) RESIDENTIAL BUILDING CODE AND THE MIAMI VALLEY AMENDMENTS TO THE OHIO RESIDENTIAL CODE FOR ONE, TWO, AND THREE FAMILY DWELLINGS. (three readings)

Mr. Bruns moved to have the third and final reading and adopt Ordinance 1212. Mr. Beyer seconded the motion. All concurred and Ordinance 1212 was adopted.

6. ONE READING - ORDINANCE 1214 - AN ORDINANCE AMENDING SECTION 123.01 (a) OF THE UNION CODE, RELATING TO POSTING OF NOTICES AND DECLARING AN EMERGENCY.

Mr. Applegate said this would amend the posting of notices. There was a correction of typographical errors, correcting north to south, changing locations of posting and adding a sixth location.
Mrs. Terry asked what the locations were. One is Leisure Living, Union Tire, CVS, Carpet Connection, Fast Max, and the city building.

Mr. Bruns moved that Ordinance 1214 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading of emergency ordinance 1214. Mr. Beyer seconded the motion. All concurred and Ordinance 1214 was passed.

7. ONE READING - ORDINANCE 1215 - AN ORDINANCE OF THE CITY OF UNION, OHIO, APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF THE CITY OF UNION AND TO AMEND OR ENACT SECTIONS OF THE TRAFFIC AND GENERAL OFFENSES CODES TO CONFORM TO ENACTMENTS OF THE GENERAL ASSEMBLY AND DECLARING AN EMERGENCY.

Mr. Applegate said this is done annually and concerns the updating of the Union codified ordinances, and includes ordinances passed by the city and state.

Mr. Bruns moved that Ordinance 1215 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and pass emergency Ordinance 1215. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1215 was adopted.

8. ONE READING - ORDINANCE 1216 - AN ORDINANCE ESTABLISHING CHARGES AND COLLECTION POLICIES FOR EMERGENCY MEDICAL SERVICES (EMS) AS PROVIDED BY THE CITY OF UNION, DEPARTMENT OF FIRE AND RESCUE. (waive three readings)

Mr. Applegate said the council had authorized this to be put on the agenda concerning improvements to the fire and rescue department in the City of Union. The first one deals with charging for medical services. Englewood has adopted this ordinance already. Chief Bergman said other communities are adopting these types of charges and collection policies. They will bill and collect from insurance companies but they will not force collection from people that do not have insurance and it will not affect their credit rating.
The charges will only be for transport and when care is given.

Mr. Applegate said the money that was generated would go right back to the fire and rescue department. It can be assigned to the general fund but in Union, it will go directly to the fire and rescue department and that is specified in the ordinance.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1216. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1216. Mr. Beyer seconded the motion. All concurred and Ordinance 1216 was adopted.

9. ONE READING - ORDINANCE 1217 - AN ORDINANCE ADDING SECTION 557 ALARM SYSTEMS, EMERGENCY BUILDING ACCESS AND NUISANCE EMERGENCY CALLS OF THE UNION CODIFIED ORDINANCES. (waive three readings)

Mr. Applegate said council authorized them to have this on the agenda in January. This deals with rules and regulations and costs associated with false alarms for police and fire rescue.
Fire Chief Bergman said that this is not currently a problem in Union but that it could be in the future. Most other fire departments already have this type of legislation in place. Police Chief Gessner said he was in favor of the legislation also.
Chief Bergman said similar legislation was passed by Englewood in the fall of last year.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1217. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1217. Mr. Beyer seconded the motion. All concurred and Ordinance 1217 was adopted.

10. ONE READING - RESOLUTION 01 - 02 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR EMERGENCY MEDICAL SERVICES (EMS) BILLING AND REIMBURSEMENT.

Mr. Applegate said this would authorize the city manager to enter into a contract with MBI Solutions, the company that will do the collection and billing for the fire and rescue department. They will retain ten percent of the amount collected for the billing.

Mr. Beyer moved to have the one and only reading and adopt Resolution 01-02. Mr. Bruns seconded the motion. All concurred and Resolution 01-02 was adopted.

11. ONE READING - ORDINANCE 1218 - AN ORDINANCE PROPOSING A REPLACEMENT LEVY FOR THE PURPOSE OF THE STREET LEVY FUND AND CERTIFYING THE QUESTION TO BE PLACED ON THE BALLOT TO THE MONTGOMERY COUNTY BOARD OF ELECTIONS. (waive three readings)

Mr. Applegate said this would allow the replacement of the street levy on the ballot for May 2001.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days for Ordinance 1218. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1218. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1218 was adopted.

12. Open Agenda

Mr. Beyer said, regarding the street levy, he hoped that the newspapers put out the correct story and that people who opposed the levy in the past would not put out falsehoods about the amount the levy would cost.

Mr. O'Callaghan welcomed Mr. Beyer back and welcomed Ms. Oberer to the Park Board.
Mr. O'Callaghan asked when they would be adding the turn lane on State Route 48 at Concord Farm Road. Mr. Applegate said it would be in the spring when the asphalt companies open again.

Mr. Hissong welcomed Mr. Beyer back. Mr. Hissong said he was thankful that State Route 48 was open again. He said it was much better now.

Mrs. Terry welcomed Mr. Beyer and wished everyone a Happy Valentine's Day.

Mr. Bruns asked if the election in May would be on May 8. Mr. Applegate checked and the correct date is May 8.
Mr. Bruns then asked if the city still needed someone to serve on the Personnel and Advisory Board. Mayor Packard said they still need a volunteer for that position.

Mr. Applegate said he was glad to see that the council put the levy back on the ballot. He said he had read an article by Val Bush in the Dayton Daily News where she had talked to Marty Moore in the auditor's office. The amount that will be collected will be a little less to the homeowners each year partly due to the growth of the city and the additional property values added to the city, which is up to about sixty-eight million. Mr. Applegate explained that growth spreads the cost of levies over a greater number so individual amounts are less. If the street levy is not passed, Mr. Applegate said the council will have a lot of hard decisions to make the following year. The money from the street levy is what the city uses to repair streets and to match Issue II funding. There was a lot of mis-information put out and Mr. Applegate said he felt that it cost the city the levy. He said he wished that people would get the facts. The street levy has been in effect since 1976.

The planning commission had asked Mr. Applegate to establish another hearing date in regard to the removal of the overnight parking of tractor/trailers. The planning commission has recommended that the council take some action.

Mr. O'Callaghan asked if the legislation would be the same language as before or changed. Mr. Applegate said that it would be the same except that they would not be defining the term "storage". The city is still getting calls and the tractor/trailers are still being parked in town.
Mr. Bruns asked if they could have their code books back in time for the next meeting. He said he would like to have his code book with him when they were discussing that topic.
The council decided to wait until they have the new, updated code pages.

Mr. Bruns asked that Mr. Applegate go back over what he said on the amounts on what was collected on the previous levy and what would be collected now. Mr. Applegate said that the previous levy generated about one hundred fifty-four thousand dollars. The new one will generate somewhere around two hundred thousand dollars. The newspaper said it would be around one hundred ninety-seven thousand dollars but the information generated from the auditor's office puts it over two hundred thousand dollars. With the growth, the amount that the people pay this year is less than last year.

Mayor Packard thanked Mr. Henry for helping him conduct the meeting during last month's public hearing.

Fire Chief Bergman said if a business had a false alarm, they would provide them with a letter of explanation and legislation that explains the rules so they could avoid having the problem in the future. Chief Bergman said they want people to understand that responding to false fire alarms increases the department's risk and costs them time and money.

13. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the February 12, 2001 City of Union council meeting was adjourned.

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


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Feb. 26, 2001

Vice-mayor Lawrence Beyer called the February 26, 2001 City of Union council meeting to order on Monday evening at 7:30 p.m.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer.
Other city staff members present were Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.
Mr. Beyer stated that Mayor Packard had suffered a heart attack and was not able to attend the meeting. Mr. Beyer moved to excuse his absence. Mr. O'Callaghan seconded his motion. All concurred and Mayor Packard's absence was excused.

Mr. Beyer called for a moment of silence.

1. Mr. Beyer asked if there were any additions or corrections on the minutes from the February 12, 2001 council meeting. There were none so Mr. O'Callaghan moved that the minutes be approved. Mr. Hissong seconded the motion. All concurred and the minutes from the Feb. 12 meeting were accepted as prepared.

Mr. Beyer said that the agenda included the swearing in of a new member for the Personnel and Advisory Appeals Board. Since the City of Union Charter mandates that position be appointed by the mayor and approved with the consent of council, Mr. Beyer moved that the agenda be amended to include the appointment and swearing in of Steve Roth. Mr. Bruns seconded the motion. All concurred and the agenda was amended.

Mr. Beyer then nominated Steve Roth to serve on the Personnel and Advisory Appeals Board. Mr. Bruns seconded the motion. All concurred and Mr. Roth was appointed.

2. Mr. Beyer asked Mr. Steve Roth to step forward to be sworn in. Mr. Roth was then sworn in to serve on the Personnel and Advisory Appeals Board by Vice-mayor Larry Beyer.

3. Mr. Beyer asked if there were any comments from the visitors and citizens in the audience. There were no comments.

4. Open Agenda

Mr. Bruns thanked the staff for the updated forms with the terms and names of the council and board members, and the different committees listed.

Mr. Beyer said he knew that there would be a final coat of asphalt applied on State Route 48 in the spring but he said there was an area in the south bound left turn lane to Martindale Road that needed some patch material.

Mrs. Winemiller said that there was information in the council packets requesting that the council establish a public hearing date for a proposed change in off street parking and loading requirements prohibiting parking of commercial vehicles with a gross vehicle weight limit over 11,500 pounds in any residential or commercial zoning district.

Mr. Beyer moved to set a public hearing for April 9, 2001, for the proposed change regarding tractors/trailers. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Moore said that on February 20, the Clerk of Council was served with two charter amendments and one initiative petition. If the signatures are approved by the Board of Elections, the documents will come back to the council so an election can be set.

Mr. Moore read the text submitted to the clerk.

The first proposed amendment to charter reads:

SECTION 2.06 PROCEDURES

(h) Except as otherwise provided in this Chapter, each ordinance approved by the Council will be effective at the end of thirty days following passage, or such longer period as is determined by the Council. If the Council SHALL ONLY PASS AN EMERGENCY MEASURE IN THE EVENT OF A NATURAL DISASTER OR CALAMITY determines that an ordinance should be passed on an emergency basis, AND the reasons for declaring such ordinance to be any emergency measure shall be set forth in one section of the ordinance which section shall only pass only upon a yea and nay vote upon a separate roll call with at least five (5) of the membership voting affirmatively. No ordinance prescribing rates and charges by a public utility, or granting a franchise, or levying a tax shall be passed as an emergency measure. An emergency ordinance shall become effective immediately upon passage, or at such later time as it COUNCIL may specify.

The second proposed charter amendment reads:

ADD

SECTION 9.05 SALE OF WATER AND SANITARY SERVICE

WHEN REVENUES EXCEED EXPENSES FROM THE SALE OF WATER AND/OR SANITARY SERVICE TO PERSONS OR TERRITORIES OUTSIDE THE MUNICIPAL CORPORATION, SUCH EXCESS REVENUE SHALL BE DIRECTED SOLELY TO DEFER OR REDUCE THE COSTS OF THE SAME SERVICES DELIVERED TO CITY RESIDENTS. IN NO EVENT SHALL THE CITY WAIVE THE CONNECTION (TAP) FEE CHARGED FOR MUNICIPAL WATER AND SANITARY SERVICES. ALL PERSONS AND TERRITORIES INSIDE OR OUTSIDE THE CORPORATE LIMITS SHALL BE CHARGED THE SAME CONNECTION (TAP) FEES. WHERE INFRASTRUCTURE IS AVAILABLE, THE CITY SHALL MAKE MUNICIPAL WATER AND SANITARY SEWERAGE AVAILABLE TO ANY PERSONS OR TERRITORY OUTSIDE THE MUNICIPAL CORPORATION AT A PRICE (RATE) NOT TO EXCEED A MAXIMUM OF TWENTY-FIVE (25%) ABOVE THE RATE STRUCTURE ESTABLISHED FOR CITY RESIDENTS.

Mr. Moore then read the initiative petition:

BE IT ORDAINED BY THE PEOPLE OF THE CITY OF UNION;
That the City of Union Zoning Ordinance, be and hereby is, amended to provide that, the real property commonly known at 555 Old Springfield Road and 11713 Frederick Pike, Union, Ohio, and being more specifically described by the legal description attached hereto as Exhibit "A" and incorporated herein, be rezoned from its existing R-3 Residential Zoning District to R-1 Residential Zoning District.
Police Chief Dan Gessner said the police department had received their new police cruiser. They plan on retaining the older cruiser so they will have five marked vehicles.
Mrs. Terry commented that the model chosen, the Ford Crown Vic, was one of the safer designed models on the road.

Fire Chief Bud Bergman said that he was working on the new procedures for EMS billing. He said he wanted to correct a statement made in the Englewood Independent. They would be billing people for transportation services but they would not be collecting from individuals or turning over the bills to a collection agency.

5. Mr. Bruns 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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March 12, 2001

Mayor Packard called the March 12, 2001 meeting to order on Monday evening at 7:30 p.m. 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, Janet Hamilton, sitting in for 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 to the minutes of the February 26, 2001 meeting. There were none so Mr. Beyer moved that the minutes be approved. Mr. Bruns seconded the motion. All concurred and the motion was passed. The minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. There were no comments.

3. Robert L. Stallman from Dayton Power and Light Energy Resources was present to address the council.
Mr. Stallman passed out information to the council and introduced himself as working for Dayton Power and Light Energy Resources, which is a non-regulated affiliate and formally a part of Dayton Power and Light.
Mr. Stallman said he was present to discuss unregulated services. He was interested in setting up a partnership agreement with the City of Union concerning street lights and offering consulting to the city concerning electrical services.
Mr. Stallman said changing to a new six year agreement on street lights would save the city approximately $52,000.00 over the course of the next six years.
Currently, Dayton Power and Light has one of the lowest rates for electrical services. The generation option that Dayton Power and Light Energy Resources would be offering would include their services and expertise to buy and sell electrical power from the wholesale electric market. By law, if Union wanted to purchase electrical services, it would require a certified buyer which Dayton Power and Light Energy Resources could provide.
As a consultant and partner with the City of Union, they would be focusing on the pricing of electricity and also energy efficiency and reliability.
After Mr. Stallman's presentation, both the council and the members of the audience were given a chance to ask questions.
Mr. Bruns asked about the charges on repairing fixtures. This new contract would not have a charge for repairing the light fixtures, with the exception of the ornamental light poles in some of the new subdivisions.

4. ONE READING - ORDINANCE 1221 - AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF UNION A PROPOSED AMENDMENT TO THE UNION CITY CHARTER, RELATING TO THE REQUIREMENTS FOR PASSAGE OF AN ORDINANCE ON AN EMERGENCY BASIS. (waive three readings)

Mr. Applegate said this was a charter amendment submitted to the city and the Board of Elections and then returned to Union. The passage of this Ordinance would allow the city to have a special election on June 5, 2001. The council is required to do this step of the process so the charter amendment can be voted upon.

Mr. Bruns moved to waive the charter requirement of three separate readings on three separate days in regard to Ordinance 1221. Mr. Beyer seconded the motion. All concurred and the motion was passed.
Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1221. Mr. Beyer seconded the motion. All concurred and Ordinance 1221 was adopted.

5. ONE READING - ORDINANCE 1222 - AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF UNION A PROPOSED AMENDMENT TO THE UNION CITY CHARTER, RELATING TO THE RAISING AND USE OF REVENUES FROM MUNICIPAL WATER AND SANITARY SEWER SERVICES. (waive three readings)

As with Ordinance 1221, this ordinance was also a charter amendment which after being submitted and returned from the Board of Elections and having the necessary signatures, must be submitted for a vote for the public.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regards to Ordinance 1222. Mr. Beyer seconded the motion. All concurred and the motion was passed.
Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1222. Mr. Beyer seconded the motion. All concurred and Ordinance 1222 was adopted.

6. ONE READING - RESOLUTION 01-03 - A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LAW OFFICE OF THE MONTGOMERY COUNTY PUBLIC DEFENDER TO PROVIDE LEGAL SERVICES FOR INDIGENT PERSONS CHARGED WITH JAILABLE OFFENSES UNDER THE CITY'S LOCAL ORDINANCES.

Mr. Applegate said this is an annual resolution passed by the city so the city manager can enter into an agreement with the public defender's office so indigent persons can have legal services.

Mr. Beyer moved to have the one and only reading and adopt Resolution 01-03. Mr. Bruns seconded the motion. All concurred and Resolution 01-03 was adopted.

7. ONE READING - RESOLUTION 01-04 - A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DAYTON POWER AND LIGHT ENERGY RESOURCES TO PROVIDE STREET LIGHTING AND ENERGY MANAGEMENT.

The passage of this resolution will authorize the City Manager to enter into an agreement with Dayton Power and Light Energy Resources. The agreement will be effective on April 1, 2001.

Mr. Bruns moved to have the one and only reading and adopt Resolution 01-04. Mr. Beyer seconded the motion. All concurred and the resolution was adopted.

8. Open Agenda

Mrs. Terry informed the council that they were having an Easter Egg hunt on April 7, at 11:00 a.m. at Union Elementary school.
Mr. O'Callaghan, of the park board, said they had supported the Easter Egg Hunt last year with a four hundred dollar donation. Mrs. Terry moved that the council donate the same amount this year. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mayor Packard said that he had advertised for both the Park Board and the Personnel and Advisory Appeals Board and there had been no applications submitted for either position so he had appointed residents.

Mr. Beyer commented that he hoped the Dayton Power and Light de-regulation would work better than the telephone company de-regulation.
Mr. Beyer also said he knew that the weather had been cold, but he reminded the staff that the turn lane on North Main Street to East Martindale Road needs to be patched.

Mr. O'Callaghan commented that the public hearing on the zoning change for tractor/trailers would be held at the council meeting on April 9, 2001.

Mrs. Terry thanked the maintenance crew for fixing a pot hole on her street.

Mr. Bruns thanked Mr. Stallman for his presentation. Concerning the language in Ordinance 1222, Mr. Bruns asked if the word "shall" indicated that the city had no option when offering water services. Mr. Moore said that the word "shall" would be more mandatory than if the word "may" had been used. He said if the infrastructure was there and the city could offer services, the charter amendment, if passed, would indicate that they would have to.
Mr. Applegate said this was the same as what was put on the ballot before. They were asking for a 25% increase over what the city charges for properties within the city, which the city was already doing. Mr. Applegate said money collected in the water fund could only go towards the water system. Money collected could not be used for any other department, like streets or police.
Mr. Applegate said annexing land to obtain industrial and commercial areas would benefit the city overall, and lighten the citizen's tax burden to support the police, fire, and street services.

Mr. Applegate went over the results of Englewood's latest city survey of water and sewer rates. Union, compared to other communities, is lower than last year in all three area, water, sewer, and the combined rates. Mr. Applegate said some other cities would be having rate increases this year so Union's rating should be improved again next year.

Mr. Moore said regarding the two charter amendments passed by the council, Ordinance 1221 and 1222, that the record should reflect that the council has a duty to put the charter amendments on the ballot. He said questions about whether the charter amendments were legal could not be raised at this time and that the passage of these ordinances by the council did not condone or support Ordinance 1221 and Ordinance 1222.

Scott Branscum from Northmont Schools invited the public and council to a Union Elementary meeting.

Charles Arnett asked if Mr. Moore had received a recent ruling from the Supreme Court. Mr. Moore said he had not been provided with a copy of the ruling yet.

9. Mr. Beyer moved that the council meeting be adjourned. Mr. Bruns seconded the motion. All concurred and the March 12, 2001 council meeting was adjourned.

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

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March 26, 2001

The March 26, 2001 City of Union council meeting was called to order by Mayor Packard, Monday evening at 7:30 p.m.
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 that Mrs. Terry had called the office and said she would not be able to attend due to an illness in the family. Mayor Packard moved that her absence be excused. Mr. O'Callaghan seconded the motion. All concurred and her absence was excused.

Mayor Packard called for a moment of silence.

Mayor Packard reminded everyone that there would be an executive session on imminent litigation during the council meeting.

1. Mayor Packard asked if there were any additions or corrections for the minutes of the March 12, 2001 council meeting.
Mr. Bruns said that on the second page of the minutes, Ordinance 1221 was referred to as "1211".
Also, on page 3, the motion for the adoption of the Ordinance 1222 was omitted. Mr. Bruns said with those corrections, he would move for the minutes to be approved. Mr. Beyer seconded the motion. All concurred and the minutes were approved with the corrections as noted by Mr. Bruns to be completed.

2. Mayor Packard asked if there were any citizens and visitor's comments from the audience.

Mr. Roger Hansel from 212 West Boitnott said he had a few concerns and said he issued citations. He said he was concerned about some zoning violations at Steve Roth's, 200 East Martindale, John Applegate, 224 West Martindale Road, and Glenn Applegate, 100 North Montgomery. He said he turned the violations in to the city law director on March 13, and he got a response by March 19, 2001 from the law director. He read the response from Mr. Moore.

As you know, I am in receipt of documents that you delivered to me at my office on March 13, 2001 at approximately 1:15 p.m.
In the documents that you delivered, there are sheets labeled at the top "Affidavit". Additionally, in the documents labeled "Affidavit", you indicate that "I expect to hear from the zoning inspector or head enforcement officer by the 22nd of March". You make additional statements in that paragraph of the Affidavit".
I am writing to advise you that I received your documents: I am investigating the situation; and intend to proceed in the same manner that the City of Union has proceeded with other alleged violations in the past. I am enclosing herewith a copy of a letter that I have sent the Montgomery County prosecutor's office advising Mr. Heck that you may "file a complaint with the County Prosecutor's Office or file charges against the City of Union for dereliction of duty and failing to honor their oath of office to enforce the existing ordinances".
As I have indicated, I have reviewed your correspondence; I have investigated this matter and continue to investigate this matter; and the City of Union will proceed in the same manner it does on all alleged zoning violations. I am not sure what you intend by your statement concerning hearing from the zoning inspector or head enforcement office by the 22nd, but I am advising you how the City of Union will proceed in this matter.

Mr. Hansel said as for the investigations, all he has to do is drive by these homes and personally see the violations or walk outside and look across the VFW parking lot.
Mr. Hansel also said he was asking about Donley's use of water. Mr. Hansel read from the city charter regarding occasional water use. He said he was going to read from the old city charter and then the new one. (Mr. Hansel was probably referring to the city's codified ordinances, not the city charter)

921.18 RESALE OF WATER

No person, firm or corporation shall sell water or enter into contract with any persons for sprinkling of lots, streets, or for any purpose whatsoever other than their own use, and when any such contract is known to exist, they will be liable to be disconnected from all water privileges.

Mr. Hansel said that has been in effect "in the original charter" since 1968 and then he read from the new "charter" in effect since 1997.

921.19 WATER SALES TO CASUAL USERS IN CONTAINERS.

(a) The Municipality may sell water to a casual user in containers furnished by the user at the current overage rate. The user must secure written permission from the City Manager. The person, firm or corporation receiving the water shall pay the Municipality for the water before the water is secured.

Mr. Hansel said Donley is paying the same amount as the residents pay. He said he was concerned about that and that it should be five times the rate, $8.75 and the documents say he is receiving it for $3.50 per one thousand gallons.

Mr. Hansel said he had also asked for documents on Mr. Roth's property and this was the response. He had four questions: what was he doing with the drainage line and cement culverts, and the answer was "no record in regard to this." The second question was who was paying for this and who was going to install it and the answer from the city was "no record in regard to this. Mr. Hansel said he also asked who was allowing this pipe to be installed in a flood plain area and the response was "no record in regard to this." Mr. Hansel said he asked the question if it was true that Steve Roth is going to have a pond built and if so, who is allowing that to be dug in a flood plain area, and what kind of permits are required. The city responded, "The City of Union has no records concerning this."
Mr. Hansel said pipes have been down there another couple of months and he was concerned about the trash lying around and he said it was another concern he had for Mr. Moore since he was the city's law director and "he is here to represent all of us".
Mr. Hansel said, in reference to Mr. Roth, he did not know what he was going to do with it and it was none of his business what he was going to do with it but it was a violation with trash and pipe "laying around".
Mr. Hansel said he asked at the same time if the zoning inspector had cited these properties and he had not gotten a response.
Mr. Hansel said he stopped at Mr. Moore's office that day (Monday, March 12) and would also personally hand Mr. Moore a second citation on the property.

3. ONE READING - RESOLUTION 01-05 - A RESOLUTION SUPPORTING A PROPOSED STREET REPLACEMENT LEVY FOR THE CITY OF UNION (ISSUE NO. 4). (May 8, 2001 Election Ballot)

Mr. Applegate said it was the same proposed resolution dealing with the street replacement levy that was used for the November ballot last year.
Mr. O'Callaghan said Resolutions only have one reading - there is no waiving of readings necessary.

Mr. Beyer moved to have the one and only reading and adopt Resolution 01-05. Mr. Bruns seconded the motion. All concurred and Resolution 01-05 was adopted.

4. ONE READING - RESOLUTION 01-06 - A RESOLUTION OPPOSING THE PROPOSED CHARTER AMENDMENT FOR THE CITY OF UNION RELATING TO MANDATORY PRICING POLICIES FOR MUNICIPAL WATER AND SANITARY SEWER SERVICES (ISSUE NO. 1). (June 5, 2001 Election Ballot)

Mr. Applegate said this resolution deals with the proposed charter amendment dealing with mandatory pricing policies for municipal water and sanitary services and also allows the city to inform the residents about this issue.

Mr. Bruns moved to have the one and only reading and adopt Resolution 01-06. Mr. Beyer seconded the motion. All concurred and Resolution 01-06 was adopted.

5. ONE READING - RESOLUTION 01-07 - A RESOLUTION OPPOSING THE PROPOSED CHARTER AMENDMENT LIMITING THE CIRCUMSTANCES UNDER WHICH COUNCIL MAY ADOPT AN EMERGENCY ORDINANCE (ISSUE NO. 2). (June 5, 2001 Election Ballot)

Mr. Applegate said this was also a resolution opposing a proposed charter amendment dealing with how the council can adopt legislation by emergency ordinance. This will also be on the June 5, election ballot.

Mr. O'Callaghan moved to have the one and only reading and adopt 01-07. Mr. Bruns seconded the motion. All concurred and Resolution 01-07 was adopted.

6. Open Agenda

Mayor Packard suggested that the Chief remind everyone to watch out for the children in the streets and ticket anyone that was speeding.

Mr. Beyer, regarding what Mr. Hansel said, asked what the city's jurisdiction was in the flood plain and if it was the conservancy district that governs what is and is not allowed in the flood plain. Mr. Applegate said yes. So, Mr. Beyer said it was not the city's responsibility, it was the Miami Valley Conservancy District's jurisdiction.
Mayor Packard asked where the flood plain began and Mr. Applegate said there was a line established by the Conservancy District, called the 876 line and there were properties that did run along the flood plain. The number "876" refers to an elevation line.

Mr. O'Callaghan wanted to remind everyone there was an Easter Egg Hunt on April 7, at Union Elementary at 11:00 a.m.
Mr. O'Callaghan asked if there had been any other complaints about the tractor trailer parked next door. Mr. Applegate said no. Mr. O'Callaghan asked if the property owner had been cited yet. Mr. Applegate said there had been no citation issued. Mr. O'Callaghan asked why not and Mr. Applegate said the property owner would be cited. It is currently being documented that the vehicle is being stored at the property over night.

Mr. Applegate reported to the council that they have made a capital improvement on the water system that was mapped out in the original master plan. The city crews made the connection on the east side of River Road to Martindale Road. A few tests need to be done yet before it will be ready to be brought on line.

Mr. Applegate said they had received a letter from the Miami County Commissioners that was in their packet about changing their policy concerning water outside the city boundaries. Mr. Applegate said the policy is the same as it always has been. The answer has always been no. Mr. Bruns asked for clarification on part of the letter where they are asking for assistance in installing the lines for Miami County and being reimbursed later.
Mayor Packard moved that their policy concerning the sale of water outside the city would not be changed. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Referring to Mr. Hansel's comments, Mr. Applegate said he would not go into any detail but the city has their interpretation of the code and Mr. Hansel is putting his interpretation on the code, which is wrong. Mr. Applegate said anyone could read the codes, section 921.19.

Mayor Packard asked who Mr. Vehorn responded to. Mr. Applegate said Mr. Vehorn would respond to the city manager.

Mr. Arnett wanted to ask Mr. Applegate a question. He asked if the water haulers that live in the city can buy at twice the rate that the city pays, not including the sewage. Mr. Applegate said if the water hauler is a current customer and resident of the city, they pay twice the water rate.

Fire Chief Bergman said tornado season is approaching and they will be doing their siren test the first Monday of each month.

7. Mayor Packard moved to excuse the council to an executive session and asked that the City Manager, Clerk of Council, and Law Director be present. Mayor Packard said there would not be any action taken. Mr. Beyer seconded the motion. All concurred and the motion was passed.

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