Union City Council Meeting Minutes
First Quarter 2002
 
Jan. 14, 2002, Meeting Minutes
Jan. 28, 2002, Meeting Minutes
Feb. 11, 2002, Meeting Minutes
Feb. 25, 2002, Meeting Minutes
March 11, 2002, Meeting Minutes
March 25, 2002, Meeting Minutes

 

Jan. 14, 2002

The City of Union council meeting was called to order by Mayor Packard on January 14, 2002, at 7:30 p.m., Monday evening.
Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, 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 welcomed Mrs. Goudy to her first meeting to serve as a councilmember.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the minutes from the December 17, 2001 council meeting. There were none so Mayor Packard moved that the council 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. There were none.

3. Mayor Packard moved to appoint Lawrence Beyer to serve as Vice-Mayor again. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mayor Packard then moved to appoint Denise Winemiller as Clerk of Council. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mayor Packard said he had talked to Mr. Shields who wanted to stay on the City of Union's Planning Commission. Mayor Packard said Mr. Shields had done a very good job so he moved to appoint Dale Shields to another term on the Planning Commission. Mr. O'Callaghan seconded the motion. All concurred and the motion was approved.

Mayor Packard moved to appoint Martha Robinson for another term on the Personnel Advisory and Appeals Board. Mayor Packard said he had talked to Mrs. Robinson and she would like to continue to serve. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mayor Packard moved to appoint Michael O'Callaghan for another term on the Park Board. Mayor Packard said Mr. O'Callaghan had worked very hard and helped out on the Toll Road Festival and contributed to other projects sponsored by the Park Board. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mayor Packard moved to appoint Mrs. Goudy to the street committee to fill Mrs. Shield's place. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mayor Packard moved to appoint Mr. Beyer to be the council's representative to the planning commission. Mrs. Goudy seconded the motion. Mr. Beyer voted against the motion, the other councilmembers voted for the motion and the motion was passed.

Mayor Packard moved to appoint the mayor, Mr. O'Callaghan, and Mr. Hissong to the Safety Committee. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mayor Packard moved to have the mayor, Mrs. Goudy, and Mr. Hissong be on the street committee. Mr. Beyer seconded the motion. Mr. Bruns and Mrs. Terry voted against the motion, the other councilmembers voted for the motion. The motion was passed.
Mr. Bruns said he voted against that motion because last time, one councilmember, Mrs. Terry, was not on a committee and Mr. Hissong was serving on two committees. He said he would have recommended that Mr. Hissong be replaced by Mrs. Terry. Mayor Packard asked if Mrs. Terry would serve on the street committee and if Mr. Hissong would step down. Both councilmembers agreed so Mayor Packard moved that the mayor, Mrs. Terry and Mrs. Goudy serve on street committee. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mayor Packard moved that the mayor, Mr. Beyer, and Mr. Bruns serve on the budget committee. Mr. Beyer seconded the motion. All concurred and the motion was passed.

4. Mayor Packard moved to keep the representative and alternate the same for the Miami Valley Regional Planning Commission and the Transportation Committee. Mr. Beyer seconded the motion. All concurred and the motion as passed. Mayor Packard will be the representative and Mr. Applegate will be the alternate.

5. ONE READING - ORDINANCE 1246 - 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 was a yearly housekeeping matter to update the code books for the city. The passage of this ordinance updates the code book on the laws that have been passed at the state level and also all the ordinances that the city has passed.

Mr. Beyer moved that Ordinance 1246 be declared an emergency for the reasons set forth in the Ordinance. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Beyer moved to have the one and only reading and adopt emergency ordinance No. 1246. Mr. Bruns seconded the motion. All concurred and emergency ordinance 1246 was adopted.

6. ONE READING - ORDINANCE 1247 - AN ORDINANCE TO APPROVE A STATEMENT OF SERVICES TO BE FURNISHED TO A 618.4 ACRE TRACT OF GROUND PROPOSED FOR ANNEXATION TO THE CITY OF UNION AND DECLARING AN EMERGENCY.

Mr. Applegate said they had to ask for the agenda to be amended. They needed to pass a service resolution before a scheduled annexation hearing scheduled for Tuesday to be continued to February 21. This service resolution would need to be in effect.
Mr. Applegate said he refers to this as the Waterwheel Farm annexation. The majority of the ground (500 acres) is in the flood plain. This would be the last piece of acreage needed to complete the well field protection plan that the city is working on. This land is located mostly on the east side of State Route 48 and goes all the way to the river.
The Garland Road land fill is also located in this section of the annexation and the city is monitoring that situation.
All property owners have signed and requested to be annexed except for the Miami Conservancy District which has a policy about not signing for annexations. They have stated they have no objections to annexation but they will not sign for it.

Mr. Moore asked that they have a motion to amend the agenda.

Mr. Beyer moved to amend the agenda. Mr. O'Callaghan seconded the motion. All concurred and the agenda was amended.
Mr. Beyer then moved that Ordinance No. 1247 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. Beyer then moved to have the one and only reading and adopt emergency ordinance No. 1247. Mr. Bruns seconded the motion. All concurred and Ordinance 1247 was adopted.

Mayor Packard asked if they would explain to Mrs. Goudy, since she was a new council member, how they could pass an ordinance by an emergency.

Mr. Moore said they would generally have three readings on each ordinance and then a thirty day waiting period before the ordinance would become effective. However, when there is an emergency, the council would have to react more quickly because there is usually some deadline that has to be met. To declare something as an emergency, there has to be at least a five to two vote. The ordinance can not just be passed by a simple majority. If that passes, then the actual ordinance can be passed by a four to three vote. In Union, Mr. Moore said the emergency ordinance is not used a lot. Sometimes there are deadlines and things need to be effective immediately. Only emergency legislation (generally) is effective immediately.
The city can also waive three readings on an ordinance but the ordinance would still take thirty days to go into effect.
Certain items, like tax legislation, can not be passed as an emergency. The reason for the thirty day waiting period is that it gives people the opportunity to referendum an ordinance.

Mr. Applegate said they have a format on the language of how an ordinance is passed by an emergency and Mr. Applegate said he would see that Mrs. Goudy received a copy of that.

7. Open Agenda

Mayor Packard asked about Main Street, across from CVS. He said he noticed that water was coming up from the curb. Mr. Applegate said they would check on that. He said if people ever saw something like that, they should call city hall. Mayor Packard said it had been frozen and he thought it was water run off from the property. Mr. Applegate said it could also be water from the property owner's sump pump but they would check it out.

Mayor Packard said during the Toll Road Festival, a banner was signed by the residents to be sent to the Pentagon concerning the September 11 attack. Mayor Packard said he had received a letter from the Pentagon thanking the citizens for the wonderful banner. The letter stated that the banner would be displayed over the holidays.

Mr. Beyer said that the Thursday before, in the Dayton Daily News, there was an article about getting water to the Northmont High School that quoted Mayor Ted Gudorf of Clayton as saying they were in furious negotiations with Dayton, Englewood, and the City of Union concerning providing sewer service to the city of Clayton. Mr. Beyer asked, to get this out in the public record, if the city was in any kind of negotiations with Clayton on sewer services. Mr. Applegate said as of the date of the article, the city was not in negotiations with Clayton.
Mr. Applegate said after the article, he did receive a call and was invited to get with Clayton's city manager.

Mr. O'Callaghan said he wanted to comment on how beautiful the new city sign is, especially when lit in the evening.
Mr. O'Callaghan said he would like to make a motion. He said he felt that some kind of income tax was needed in the city. He asked that Mr. Applegate and staff look into a credit or one percent income tax. Mr. O'Callaghan stated he wanted to see how much money a half percent would bring in and he asked that his request be considered as a motion. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Hissong asked if anyone had started with the sewer line with building across the river. Mr. Applegate said they are getting ready to start and he has looked at the plans for the lift station. Quotes for the work are being taken by the developer. The city is ready to issue the first permit for Stoney Crest Development.
Mrs. Terry asked what the zoning and lot size was. It is R-3 and the minimum lot size is 80 feet by 135 in depth. The lot sizes vary and the prices of the homes will be in the range of 170,000 to 350,000 dollars. Mr. Applegate said the home submitted for review is a two story, full basement, with a three car garage and is a very nice house. Oberer Development has received many inquiries on the development. Their American Dream series is set for the front half and the Gold Key homes, their top of the line, will be in the back half of the development.

Mr. Bruns said, as a person who pays no city income tax, he fully supports what Mr. O'Callaghan says. He says he felt people like him should be paying an income tax to the city.
He said that he did not think the winners of the Christmas lighting contest had been announced. Mrs. Winemiller said that letters had been sent to all the winners. Mr. Bruns suggested that they read the names of the winners at the next meeting to enter the information into the record.
Mr. Applegate said that the interior of city hall was framed in and they were waiting for the trusses to be delivered so everything could be set, then sheeted and if the weather holds, they will start putting on the shingles. They think they will be dry-walling in a couple of weeks and their goal is to get the staff moved over and then start working on the council chamber. Once they get the first floor done, they will move the staff over and work on the council area while they are finishing up the second floor.

Mr. Applegate said he had sent along in the council packets, some information sent by the Randolph Township Historical Society, and added that the city will be paying their dues for the coming year.

Chief Bergman said their response times for the fire and rescue had dropped further and the department had a very good year. They have not received complaints or problems with the billing for ambulance services and the additional funding is very beneficial. Manning the station with more hours has also been helpful. Mr. Applegate said they have made the commitment of being there within five minutes and now it is down to four minutes and thirty seconds. Having the people at the fire house instead of at their individual homes has helped in lowering response times.
Mrs. Terry asked how they handled the area across the river when the road is flooded. Chief Bergman said at this time, Union was not covering the area, it was Butler Township but he said he felt they needed to discuss some things concerning that. Butler Township comes from a long way, from Little York Road. Mr. Beyer suggested that the safety committee discuss this further.
Mr. Applegate said if they would have to respond over there, they had done time studies, they could go Garland Road or across the dam and it would be just as quick.

Mr. Marsh said he would like a comment to go into the record about the 9-11 incident and the large banner that was signed by the people around the community. He said that was a very historic thing that happened in the city and that maybe it would be more appropriate to have retained the banner in the community. He suggested that in the future, the city should consider this. Mr. Beyer said it was done for the Pentagon and would probably go into the National Archives.
Mayor Packard offered to give the letter from the Pentagon to the Historical Society. He said he felt that the banner was signed by the residents so it could be sent to the Pentagon and that they wanted the banner sent to show their support.
Mr. Marsh said he would accept a copy of the letter for the society. The Randolph Township Historical Society does have an exhibit about organizations that serve the community.
Pictures were taken and an article was in both the Englewood Independent and the Dayton Daily News and Mrs. Winemiller said they had photos at the city building.
Mr. Marsh said he would like to see local things kept local.
Mr. Applegate said he would like to commend Mr. Marsh and his wife for starting up the organization and said they had done an excellent job.
Mr. Marsh said the historical society has had almost 1000 items donated and the community has really come together.

8. 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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Jan. 28, 2002

The City of Union council meeting was called to order by Mayor Packard on January 28, 2002, at 7:30 p.m., Monday evening.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, 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 asked for a moment of silence.

Mayor Packard welcomed Mr. Mark Henry to the meeting.

1. Mayor Packard asked if there were any corrections or additions to the minutes from the January 14, 2002 council meeting. There were none so Mayor Packard moved that the council minutes be accepted as prepared. 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. There were none.

3. FIRST READING - ORDINANCE 1248 -AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF MILEAGE TO CITY PERSONNEL AND CITY OFFICIALS OF THE CITY OF UNION WHEN IT IS NECESSARY TO USE A PRIVATE VEHICLE WHILE CONDUCTING CITY BUSINESS. (three readings)

Mr. Applegate said this is an ordinance that they have asked the council to look at that would reimburse employees and elected officials for gas mileage when their personal car was used. The previous ordinance was passed in March, 1995 and set the rate at 30 cents per mile. This ordinance would tie the rates to the Federal tax guide issued each year which is currently 36.5 cents per mile.

Mr. Beyer moved to have the first reading of Ordinance 1248. Mr. Bruns seconded the motion. All concurred and Ordinance 1248 was passed to the second reading.

4. FIRST READING - ORDINANCE 1249 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $144,000 STATE ROUTE 48 IMPROVEMENT PROJECT (PHASE II) BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE CITY'S PORTION OF THE COST OF IMPROVEMENTS TO STATE ROUTE 48. (three readings)

Mr. Applegate said this would be the first issuance of notes for money for the continuing improvement of State Route 48, Phase II, the city's portion of the improvement. The money for this portion was included in the budget for this year. The $144,000 is the city's ten percent share of the Issue II grant.
The city charter requires that the first passage of notes must be done by three readings on three separate occasions.
Mr. Bruns questioned Section 1 and Section III. He said one section said six percent and one said four percent.
Mr. Applegate said the first section dealt with bonds and that the interest would not exceed that six percent rate. The third section deals with notes which rates will not exceed four percent.
Mr. Beyer moved to have the first reading of Ordinance 1249. Mayor Packard seconded the motion. All concurred and the Ordinance 1249 was passed to the second reading.

5. Open Agenda

Mayor Packard asked for Mrs. Shields to come forward and he presented her with a plaque for her dedicated service as councilmember.

Mayor Packard said he appreciated the attendance of the Police Chief Dan Gessner and Fire Chief Bud Bergman to the council meetings but he was not certain that they would need to be at every council meeting. He said he would like to present this for discussion and see if they could be excused from the meetings unless they were needed.
Mr. O'Callaghan said sometimes even if there was nothing on the agenda that pertained to the police department, residents sometimes had questions for the police officers and the fire department.
Mr. Bruns said if people had a question, he would not want them to have to wait two weeks for an answer.
Mr. Hissong asked if Mr. Applegate could answer any questions addressed to the police and fire department.
Mayor Packard said there was nothing in the code book that the chiefs had to attend the meeting.
Mr. Applegate said that if the staff did not know the answer to a question, they would find out and report back to council or contact the people.
If the chief would not attend, the council would have to appoint a new sergeant of arms because the police chief is also the sergeant of arms for the meetings.
Mrs. Terry asked what the chiefs thought about this.
Mr. Beyer said a sergeant of arms position was not a mandatory requirement for every council meeting. That position could be appointed for a council meeting.
Chief Gessner and Chief Bergman said they were happy to attend or would be able to come when needed.

Mayor Packard moved that the Chiefs did not have to attend the meeting. Mr. Beyer seconded the motion.

Mr. Bruns asked who the police and fire chiefs report to. The answer is the city manager. Mr. Bruns said it would be up to the city manager, not the council as to whether the police and fire chief would be present. Mr. Applegate said their attendance was a carry over from when the city was still a village and every department head was present. The council at that time wanted all department heads to be present. Mr. Applegate said if the council is not interested in having the chiefs present at every meeting, he could look at the situation again.
Mr. Bruns suggested that Mr. Applegate get with the chiefs and decide and the council would accept Mr. Applegate's decision. Mayor Packard withdrew his motion and said he would let Mr. Applegate discuss it with the Fire and Police chiefs.

Mr. O'Callaghan said they had a list for the Christmas light winners and they had sixteen winners. Mr. Bruns asked that the names be read into the record.
Mrs. Winemiller said they will include the names in the city newsletter in March.

Mrs. Terry said she needed someone to help out with the Easter Egg hunt because she had a family commitment that day. She would do much of the preliminary work in advance but would need someone else to do the actual event. The mayor indicated he would contact Mrs. Terry concerning this matter.

Mr. Applegate said they had some meetings that would occur on holidays. He asked that the meetings be postponed to the following day, on Tuesday.

Mr. Beyer moved that the following meeting dates be changed to avoid the holidays:

May 27 meeting moved to Tuesday, May 28, 2002

October 14 meeting be moved to Tuesday, October 15, 2002

November 11 meeting be moved to Tuesday, November 12, 2002.

Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Applegate said he had included a memo and some information from Englewood on presale exterior home inspections. The city has also requested information from Huber Heights and Oakwood. This topic has been discussed recently at the Manager's meeting. Mr. Applegate said in talking with other managers, they have reported that the system has worked very well for their cities. Mr. Applegate asked if the council would be interested in pursuing this. Mr. Beyer asked how much time this would entail. Mr. Applegate said he was unsure of that at this point. He said the positive side of the program was that when someone would move out of a property, they could help set a standard in the community and improve the over-all exterior of the property. Mr. Applegate said that he has heard that real estate agents are also in favor of this.
Mr. Bruns said if the program would pay for itself, he thought it would be a good idea. He would not like to see the city need to put a lot of money into the program.
Mrs. Terry asked what the average fee would be. Mr. Applegate said Englewood was charging $50.00 for one, two, or three families, but there were other fees and he was unsure of the charges. If the city would have to go outside the city to hire someone, it would probably cost more money.
Mr. Beyer moved that the city manager and staff look into presale property inspections on the exterior only. Mr. Bruns seconded the motion. All concurred and the motion was passed.
Mr. Beyer added that it should be noted that this would not replace the type of inspection that the homeowners get where they would check for leaks, etc. It would determine whether the house was complying with all of the zoning and house maintenance code items in the City of Union.

Mr. Applegate said that the work on the city building remodeling was progressing. The trusses are in, and the sheeting has been installed.

Mr. Henry said that pre-trial home inspections have caused some law suits on where a resident has purchased a home and said for example, that the city missed a leak in the roof and that the city would be liable. The Supreme Court has said that those ordinances are there for the benefit of the city, not to replace inspections that buyers have to do for themselves so the city is not held liable if they missed something.

6. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard 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. 11, 2002

The City of Union council meeting was called to order on February 11, 2002, 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. Goudy, and Mr. Beyer.

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

Mayor Packard called for a moment of silence.

Mayor Packard moved to amend the agenda to add Ordinance 1252. Mr. Beyer seconded the motion. All concurred and the agenda was amended to include Ordinance 1252.

1. Mayor Packard asked if there were any additions or corrections on the minutes from the January 28, 2002 council meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments or questions from the audience. There were none.

3. SECOND READING - ORDINANCE 1248 - AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF MILEAGE TO CITY PERSONNEL AND CITY OFFICIALS OF THE CITY OF UNION WHEN IT IS NECESSARY TO USE A PRIVATE VEHICLE WHILE CONDUCTING CITY BUSINESS. (three readings)

Mr. Bruns moved that they have the second reading of Ordinance 1248. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1248 was passed to the third reading.

4. SECOND READING - ORDINANCE 1249 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $144,000 STATE ROUTE 48 IMPROVEMENT PROJECT (PHASE II) BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE CITY'S PORTION OF THE COST OF IMPROVEMENTS TO STATE ROUTE 48. (three readings)

Mr. Bruns moved to have the second reading of Ordinance 1249. Mayor Packard seconded the motion. All concurred and Ordinance 1249 was passed to the third reading.

5. FIRST READING - ORDINANCE 1250 -AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF UNION, OHIO, SECTION 921.20, SERVICE CONNECTION FEES AND STANDARDS, AND 931.02, SEWER TAP INS AND CHARGES IN THE CITY OF UNION, OHIO. (three readings)

Mr. Applegate said this ordinance deals with the charges for tap in fees for new homes. The last time the fees were increased was in 1995. The city is installing a new meter reading system in the city and these tap in fees will help off set the cost of the new system. The last time the meters were replaced, Concord Farms North and West were not done. These meters should be replaced and this new style will also be installed in all newly built homes.

Mr. Bruns said if they went with the three readings, this would not be in effect until April. Mr. Applegate said he would like it in effect as soon as possible. Mr. Bruns said with the waiving of three readings, the ordinance would be in effect by March 11.

Mayor Packard moved to amend the agenda to waive three readings on Ordinance 1250. Mr. Hissong seconded the motion. All concurred and the agenda was amended.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to ordinance 1250. 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 Ordinance 1250. Mr. Hissong seconded the motion. All concurred and Ordinance 1250 was adopted on the first reading.

6. ONE READING - ORDINANCE 1251 - AN ORDINANCE ESTABLISHING A REVOLVING ACCOUNT WITH IRONGATE DEVELOPMENT LTD. FOR THE INSTALLATION OF 1,500 FEET OF WATER AND SEWER LINES ALONG PHILLIPSBURG-UNION ROAD. (waive three readings)

Mr. Applegate said this ordinance deals with working with the new developer of Irongate Estates, Sections 5 though 9. The city requires that the water and sewer line be extended fifteen hundred feet along Phillipsburg-Union Road. This ordinance will set up a revolving account that will allow the developer to recoup that expense for the water and sewer lines across the 150 lots within the development. Mr. Applegate said Bruce Anderson from Irongate Estates was present. There are other improvements that will be done. The section of property that the water and sewer lines cross is not within the city. The developer will put these lines in and recoup the funds when they sell the lots.

Mrs. Terry asked for an explanation of "revolving account". Mr. Applegate said when they issue a permit for a new home, the additional cost per lot will be added to the permit. Then the city will write a check to the developer for the amount that the city collects over the regular building permit and tap in fees. He said that the staff recommends the passage of this. The developer will do the work, then the city will collect the funds from the builders and reimburse the developer.
Mr. Bruns asked if there would be an increased amount of time to do this. Mr. Applegate said it would be a nominal amount. Mr. Applegate said that they would be doing it again in a month or two for another development. Mr. Bruns said if it would be time consuming, they should consider charging a service fee.
Mr. Applegate said this would be for only 150 lots and the duration would be for a short period, of approximately five years.
There will be another development, Stoney Crest Development, and they will probably do something similar because that development was also going to require a revolving account agreement.

Mr. Bruns move to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1251. 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 1251. Mayor Packard seconded the motion. All concurred and Ordinance 1251 was adopted on the first reading.

7. ONE READING - ORDINANCE 1252 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH R. E. HOLLAND EXCAVATING INC. TO COMPLETE THE RECONSTRUCTION OF STATE ROUTE 48, PHASE II, BASED ON THE CONTRACTOR'S ORIGINAL BID PRICES AWARDED FOR THE FIRST PHASE OF THE STATE ROUTE 48 RECONSTRUCTION. (waive three readings)

Mr. Applegate said this deals with something that the council was also aware of - that the city had received additional money to complete State Route 48. R. E. Holland was willing to extend the costs that the city received in the original bid documents. The city asked that they have only one reading because the city wants to be sure to get their portion of the revenue before this ordinance would go into effect which would be within thirty days.

Mr. Bruns moved to suspend the charger requirement of three separate readings on three separate days in regard to Ordinance 1252. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns moved to have the one and only reading and adopt ordinance 1252. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

8. Open Agenda

Mayor Packard talked about how fast changes were occurring in Irongate Estates. Mr. Anderson said Mr. Applegate had been very helpful. Mr. Anderson said they had put in a 37 lot section of the street within ninety days, which was a record for them.

Mr. O'Callaghan said the park board met last week and they discussed what to do with the pool. The YMCA will not be running the city pool this year and the new YMCA will have an indoor pool.
Mr. O'Callaghan said to renovate the pool would cost an estimated 250,000 to 500,000 dollars. They do not plan to use the pool this year and will consider filling it in. Mr. O'Callaghan asked if anyone had any suggestions on how to make use of the area. The park board decided with a one hundred percent consensus that the pool would be closed. Mr. O'Callaghan suggested they come up with a list of what they wanted to do with the pool and to come up with a way to raise funds.
Mr. Applegate said he wanted to be sure that the councilmembers knew that the pool would be closed and they would be doing away with it.
Mrs. Terry asked if the YMCA would consider bussing the kids to the new YMCA. Mr. Applegate said he had not heard that mentioned. Mr. Beyer said it would need to be at the YMCA's expense because the city did not have the money.

Mayor Packard said "The Grove", formerly Miller's Grove Pool, is now within the city and there will be the new pool at the YMCA so there will still be public pools in the area.
Mrs. Terry talked about the four hundred dollars she was receiving from the park board for the Easter egg hunt.

Mr. Applegate said included in the packet was additional information from Huber Heights and Oakwood on presale inspections.
The city would be putting together specifications on the refuse contract. Rumpke will continue to collect until October 1, but they will not be asking for an extension.

Mayor Packard asked if Englewood was getting any complaints about their presale inspection regulations. Mr. Applegate said he had provided an article in the Englewood Independent in the council packets.

Mr. Moore said there was a supreme court case on presale inspections so when the city was ready to consider the legislation, they would have to make it clear to the residents that the inspections are for the benefit of the city, to correct zoning and housing violations.

Mr. Beyer asked Mr. Moore to express their condolences to Mark Henry, from Mr. Moore's office, on the death of his father.

9. 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. 25, 2002

The City of Union council meeting was called to order by Mayor Packard on February 25, 2002 at 7:30 p.m. Monday evening at the Mill Ridge Village Community Center.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were Denise Winemiller, Assistant City Manager and Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said that Mrs. Terry had called and due to an emergency out of town, she was unable to attend the meeting. He added that Mr. Hissong had a commitment at work and asked to be excused so Mayor Packard moved to excuse Mrs. Terry and Mr. Hissong from the meeting. Mr. Beyer seconded the motion. All concurred and the absences were excused.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the February 11, 2002 council meeting. Mr. Bruns said that there was a correction to be made. On page 4, in the second paragraph, the word "emergency" needed to be deleted regarding ordinance 1251.
Mr. Beyer moved that the minutes be accepted with that correction made. Mr. O'Callaghan seconded the motion. All concurred and the minutes were accepted with the correction.

2. Mayor Packard asked Chris Hoover to step forward and be sworn in as a City of Union volunteer firefighter/EMS. Mr. Hoover was sworn in and congratulated by the council.

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

Brian Butterbaugh from 131 Marrett Farm Road said they were concerned about their property values. He said he was concerned about two empty homes in his area and the house next to him. The house next to him, 133 Marrett Farm, seems to have no one living there but there are three dogs, barking, and trash scattered around. He also complained about another house with trash on the back deck, at 118 Marrett Farm. He was also concerned about a black mold problem on Lexington Farm Road and also 133 Marrett Farm. He said sometimes the dogs are checked on and shut up in the garage.

Another person complained about 118 Marrett Farm and said he lived behind the property. He complained about teenagers and parties and noise. He was particularly worried about the trash at that property.

Mrs. Winemiller said the city had another complaint on the dogs and they had sent a police officer out to check. Mrs. Winemiller said she had also gone to check. The police department contacted the animal shelter and they sent someone out there. Mr. Butterbaugh said they saw and talked to the representative from the Montgomery County Animal Shelter and they left a warning at the property. Mrs. Winemiller said she talked to the animal shelter and since there are locks on the gate, they can not go onto the property because the animals are considered personal property and the animals did not appear malnourished. Mrs. Winemiller said the animal shelter would continue to work with the city.

Mr. Butterbaugh asked if the city could pursue the black mold problem and Mrs. Winemiller said the city could contact the health department.
Mr. Butterbaugh said he was also concerned that the German shepherd at the property could jump the fence. Mrs. Winemiller said she had checked with the animal shelter on that matter and again, they still said they could not go on to the property.

Mr. Butterbaugh said they had problems the year before and the city was very helpful and the neighbors formed a neighborhood watch program and everything had been fine.

Mr. Beyer asked that they give Mrs. Winemiller and the staff a chance to contact the correct authorities and report back at the next council meeting.
Mrs. Winemiller said having three dogs is not permitted and the city will be sending out some violation notices concerning that matter. She asked Mr. Butterbaugh to contact the police department when the barking occurs.

Mr. Butterbaugh asked if the city knew the status on the house on Boxford Road. Mrs. Winemiller offered to follow up on that situation.

4. THIRD READING - ORDINANCE 1248 - AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF MILEAGE TO CITY PERSONNEL AND CITY OFFICIALS OF THE CITY OF UNION WHEN IT IS NECESSARY TO USE A PRIVATE VEHICLE WHILE CONDUCTING CITY BUSINESS. (three readings)

Mr. Beyer moved that the council have the third reading and adopt Ordinance 1248. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1248 was adopted.
5. THIRD READING - ORDINANCE 1249 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $144,000 STATE ROUTE 48 IMPROVEMENT PROJECT (PHASE II) BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE CITY'S PORTION OF THE COST OF IMPROVEMENTS TO STATE ROUTE 48. (three readings)

Mr. Beyer moved that they have the third reading and adopt Ordinance 1249. Mr. Bruns seconded the motion. All concurred and Ordinance 1249 was adopted.

6. Open Agenda

Mr. Beyer asked if they needed a lowered speed limit when work started on State Route 48. Mrs. Winemiller said they would get with their traffic engineer and look into that.

The work at the city building is progressing.

Mrs. Winemiller said a map was passed out to the council for a request for a zoning change for the Comb's property on Montgomery Street. She asked that the public hearing date be set for April 8. Mr. Beyer said the matter had been forwarded from the planning commission and the planning commission had no objections to the rezoning.

Mr. Beyer moved to set a public hearing date for a change in a zoning district for Larry Combs for 104 Montgomery Road on April 8, 2002. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Chief Bergman congratulated Mr. Hoover for joining the fire department.

In response to a question from Mayor Packard, Chief Bergman said he would like to take over the responsibility of certain properties in Miami county, like the Water Wheel Farm for fire and rescue services if the annexation of that area would be approved. He said he felt the City of Union could respond more quickly and that they would want to give the city's residents the best possible service.

The hydrants in the various areas have been tested and they had a good supply of water.
7. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the meeting was adjourned.

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

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March 11, 2002

Mayor Packard called the March 11, 2002 council meeting to order, 7:30 p.m., Monday evening at the Mill Ridge Community Center. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the February 25, 2002 meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. Bruns seconded the motion. Mrs. Terry and Mr. Hissong abstained, the other council members voted in favor of the motion so the minutes were accepted.

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

Mr. Marsh said the city initiated a program a few months ago where a city employee picks up trash along the road way. He said he appreciates that and it certainly makes the road way look better and improves the image of the city.

3. Open Agenda

Mr. Beyer complimented the designer of the current newsletter.

Mrs. Goudy said she had heard favorable comments on the newsletter also.

Mr. O'Callaghan asked if anyone had complained about trash blowing from construction areas. Mr. Applegate said he had received two calls that day and that the city had contacted the builder and he will get it cleaned up.

Mr. O'Callaghan reminded everyone of the Easter Egg hunt on March 23 at Union
Elementary. Mayor Packard said that Mrs. Terry would not be able to attend on the day of the Easter Egg hunt but she had done much of the preliminary work.

Mr. Hissong asked about the south trunk sewer line. Mr. Applegate said they were at manhole number 9 with four more to go. They had one more ravine to cross on the south side. They hoped to be done by Friday except for some clean up work.

Mr. Hissong said the crew had moved very quickly on the project. Mr. Applegate said they had to obtain easements within the last year. The original planning was done in the 1970's. Now some people residing on Sweet Potato Ridge that had city water, would be able to have the city sewer also.

Mrs. Terry thanked Mayor Packard, his family, and some others that had contributed to the Easter Egg hunt. She also thanked the fire department for their help.

Mr. Applegate said things were moving along at the city building. The drywall was installed on the first floor. They are expecting the painting to be done next week. They have had a delay waiting for Dayton Power and Light to install a transformer.

Mr. O'Callaghan said there was something called the First Response Appreciation Breakfast for firefighters, EMT, and policemen and their families. He was involved with the local scout troop in showing their appreciation with a free breakfast. It will be Saturday, March 16, from 8:00 to 11:00 a.m.

4. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard 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 25, 2002

Mayor Packard called the March 25, 2002 City of Union council meeting to order on Monday evening at 7:30 p.m. at the Mill Ridge Community Center building.

Attendance was taken and the following councilmembers were at the meeting: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer.
Other city staff members attending the meeting were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections from the minutes of the March 11, 2002 council meeting. There were none so Mayor Packard moved that the council minutes be approved. Mr. Bruns seconded the motion. All concurred and the minutes were accepted as prepared.

Mayor Packard said the agenda would need to be amended to add Resolution 02-01. Mr. Bruns moved that the agenda be amended to include Resolution 02-01. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed and the agenda was amended.

2. Mayor Packard asked if there were any questions or comments from the citizens and visitors in the audience. There were none.

3. Open Agenda

Mayor Packard said he had attended the Easter egg hunt at Union Elementary on Saturday, March 23. He added that Mrs. Terry had worked very hard on the event and he also thanked Mr. Jerry Hissong, his wife Shirley Hissong, and Mr. O'Callaghan for his help in the drawing. Mayor Packard asked Mr. Applegate to pass on his thanks to the Union fire and police departments for their participation.

Mrs. Goudy said she had been approached by a couple of businessmen about the vacant pool area. They were interested in this for a play area for the children. She said they were interested in checking liability and they wanted to meet with Mr. Moore. Mr. Beyer suggested that they also meet with the park board. The next meeting would be on April 3, 2002 so they will try schedule a park board meeting and invite the interested parties to attend.

Mrs. Goudy also said she had received a few phone complaints about heavy equipment and trucks at a location on Sheets Street. Mrs. Goudy was asked to bring it up to the council because someone else had been cited for the same thing. Mr. Applegate said that portion of the street was located in a commercial district and the trucks were allowed. The person that was cited lives in a residential area.

Mr. O'Callaghan thanked Mayor Packard for all his work on the Easter egg hunt and also thanked Mrs. Terry.

Mr. Hissong thanked the employees for getting the city back in shape after the unexpected snow fall.

Mrs. Terry thanked Mayor Packard and Mr. O'Callaghan for taking care of the Easter egg hunt in her absence.

4. Mayor Packard moved to recess into an executive session and asked that Mr. Applegate, Mrs. Winemiller, and Mr. Moore attend the meeting. Mayor Packard added that they would be taking action after the executive session. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Beyer moved to reconvene the council meeting. Mayor Packard seconded the motion. All concurred and the council meeting was reconvened.

5. Resolution 02-01 - A Resolution of Intent to Appropriate Real Estate.

Mr. Bruns moved to adopt Resolution 02-01. Mr. O'Callaghan seconded the motion. Mrs. Terry voted against, the other councilmembers voted for the motion and Resolution 02-01 was passed.

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


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

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