Mayor Robert Packard called the April 10, 2000 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Mrs. Terry was absent.
Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.
Mayor Packard said he had received a call from Mrs. Terry and that she was ill. He moved that her absence be excused. Mr. O'Callaghan seconded the motion. All concurred and Mrs. Terry's absence was excused.
Mayor Packard called for a moment of silence. He asked the council to think about Gary Haines, Montgomery County sheriff, who had passed away recently from cancer.
1. Mayor Packard asked if there were any corrections or additions to the minutes from the last meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. Hissong seconded the motion. All concurred and the motion was passed.
2. Mayor Packard then asked if there were any comments or questions from the citizens and visitors attending the meeting.
from Frederick, in Miami County, an unincorporated area, said
there would be a meeting on Wednesday, April 12, 2000 on water
and annexation. He said Mr. Applegate was coming along with some
trustees from Union Township. He also invited any interested
3. ONE READING - RESOLUTION 00-03 - A RESOLUTION FROM THE CITY OF UNION TO SHOW SUPPORT TO THE NORTHMONT AFTER PROM PROGRAM.
Mayor Packard said this provided a place for the children to go and have fun after the prom. Mayor Packard read the resolution to the council.
Mr. O'Callaghan moved to have the one and only reading and adopt this resolution. Mrs. Shields seconded the motion. All concurred and the resolution was passed.
4. ONE READING - RESOLUTION 00-04 - A RESOLUTION SUPPORTING COUNTY CORP FOR THEIR TWENTY YEARS OF SERVICE TO THE CITIZENS OF MONTGOMERY COUNTY.
Mr. Applegate said the city had received a letter requesting this. He said that County Corp was the first non profit housing and economic development program started in the state of Ohio. He said they had also made available affordable housing. He recommended the passage of the resolution.
Mr. Beyer moved to have the one and only reading and adopt Resolution 00-04. Mr. Bruns seconded the motion. All concurred and Resolution 00-04 was passed.
5. ONE READING - RESOLUTION 00-05 - A RESOLUTION PROCLAIMING APRIL 24TH TO APRIL 30TH, 2000 AS "COMMUNITY DEVELOPMENT WEEK" IN THE CITY OF UNION, OHIO AND CALLING UPON ALL CITIZENS OF UNION TO PARTICIPATE IN ACTIVITIES CELEBRATING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
said this was an annual request. The CDBG program is in its 26th
year and the city has received funds for sidewalks and other
projects. CDBG also funded the park equipment on West Martindale
Mrs. Shields moved to have the one and only reading and adopt Resolution 00-05. Mayor Packard seconded the motion. All concurred and the resolution was passed.
6. ONE READING - ORDINANCE 1179 - 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)
said they needed official action from the council. He reminded
the council that on February 28, the council passed a resolution
authorizing the city to submit a resolution to the county auditor
concerning the money that would be generated if the levy would
be placed on the ballot. Mr. Applegate said they did not want
to wait as long as they had in the past before proposing a street
replacement levy because the millage continues to drop and is
currently at 2.28 mills from the three mill levy passed in 1995.
Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1179. Mr. Beyer seconded the motion. All concurred and Ordinance 1179 was adopted.
7. Open Agenda
Mayor Packard said he had been invited to participate in the opening of a new a recreation center for the Church of God off of Salem Avenue. He said he hoped that kids could utilize the new center.
Mayor Packard asked Mr. Applegate about the cars parked along Montgomery Street. He asked why there was so much parking on the street. Mr. Applegate said an AM Vets had been there but that is gone. He said he had contacted the owner, Larry Combs, and sent him a letter that he had to supply off-street parking as required by the code by May 1, 2000 and Mr. Combs had agreed to that. Mr. Applegate said the organization was not there anymore, however, he would notify Mr. Combs to let the city know what plans were for using the building before anything was started again.
Mr. Beyer said he wanted to comment about statements made in the usual place by the usual people perhaps in retaliation to comments Mrs. Winemiller made in a recent newspaper article concerning referendum petitions, statements that Mrs. Winemiller was not appointed to the position of Assistant City Manager. Mr. Beyer said he was on council at the time the council decided to establish and fill that position. Approximately 108 applications were reviewed, and eight people were interviewed by city council for the position. Mrs. Winemiller was selected, and she was sworn in October 1986 by then mayor, David Stamper. In April 1988, when Mrs. Hewell retired, Mrs. Winemiller was then appointed as Finance Director. She also fills the position of Clerk of Council which is an unpaid position. Mr. Beyer said there were rumors that she can not fill all three positions. Mr. Beyer said he, the law director, and city manager can't find anything in the code book prohibiting that. He said Mrs. Winemiller is authorized to fill all three positions, and she does so very well, and has for many years.
Mr. Beyer said there were other stories from the same sources about annexations. He said that people that are upset about the city filing these annexations should check the facts. Mr. Beyer said most of the people living in Union, reside on land that has been annexed into the city.
said the Easter Egg hunt would be at Union Elementary this Saturday
at 11:00. It is organized by the Union Ladies League and the
city park board contributes funds for the event.
Mr. Bruns said going back to the money that they have received from Issue II, he was amazed at the amount of work that has been done for the city with just a limited amount of the city's money.
Mr. Bruns said there was an article in the Thursday's, April 6th edition of the Dayton Daily News on the water offer to Northmont and Clayton. The article states that the City of Union is "demanding" a land swap. Mr. Bruns said he did not remember the city ever demanding land from Clayton.
said he had met with Ted Gudorf who was
Mr. Beyer said that he would like to confirm Mr. Applegate's comments because he was part of at least one of the meetings. Mr. Beyer said that he also felt that Clayton was in agreement with the negotiations.
Mr. Bruns said that was how he remembered the situation and he was irritated with the recent newspaper quote by Mr. Gudorf.
Mrs. Winemiller said she was notified by the Board of Elections that the referendum petitions did contain sufficient signatures so Ordinances 1169 and 1170 would be submitted to the Board of Elections as ballot issues for November.
Mr. Moore said that on March 30, at Vandalia Municipal Court, a case concerning Mr. Rick Johnson, the decision was made that the court found the defendant guilty in not paving the off street parking area, as per Union code regulations. Mr. Johnson has thirty days to appeal the court's decision.
Chief Gessner spoke briefly about Gary Haines. They had used the sheriff's department dispatching until the Northmont system was started. He said he had always provided officers to help the city. He said all the people that helped were very professional - Union had used the Montgomery County shooting range, and had always received excellent cooperation with the Montgomery County Sheriff's Department. He said the county had lost a great guy.
Fire Chief Bergman said the squad had delivered a baby. He said it was a fireman's wife that was the mother and Lieutenant Blackwell had assisted and everything had gone very well.
Mr. Applegate said he was given a copy of a Union Focus posting which suggested the City Manager had done something wrong. He said none of the people involved were attending meetings back then. He said he did not appreciate them creating a false impression and he wished that they would check their facts.
Mr. Applegate said they had received an Issue II grant for a storm water project on Jodean.
handout on the Frederick area water meeting, Mr. Applegate said
he had been working with them and was invited to the meeting.
He relayed a brief history of annexing land across the river.
He said with the recent water line installation, people started
stopping by and talking to the city about bringing water out
to them, since they had dry wells.
Mr. Applegate said they needed to have a public hearing on May 22 to amend ordinances on the weight of vehicles prohibited in the city from 5,000 to 11,500 and to include a definition of commercial vehicle.
Mayor Packard moved to set the public hearing on May 22. Mr. Bruns seconded the motion. All concurred and the public hearing date was set.
said that a notice had been sent out about a proposed bike helmet
law. Mr. Applegate said they would listen to the parents that
have children and see what they say. Mr. Applegate invited the
council to attend but said it was not an official meeting. They
were merely asking for public input. Notices were sent to the
school and an ad was in the newspaper.
8. Mr. Beyer moved that the meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was adjourned.
Mayor Robert Packard called the April 24, 2000 City of Union council meeting to order. Attendance was taken and the following council members were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Mrs. Terry was absent. Her absence was not excused by city council.
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 welcomed everyone to the meeting and asked for a moment of silence.
1. Mayor Packard asked if there were any corrections or additions to the minutes from the last meeting. There were none, so Mr. O'Callaghan moved that the minutes of April 10, 2000 be accepted as prepared. Mr. Bruns seconded the motion. All concurred and the motion was passed.
2. Mayor Packard then opened up the floor for any comments from visitors or citizens attending the meeting. There were no comments from the audience.
3. ONE READING RESOLUTION 00-06 A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION AND ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR THE PURPOSE OF ACQUIRING FUNDS THROUGH THE DIVISION OF FORESTRY'S URBAN FORESTRY ASSISTANCE PROGRAM.
Mr. Applegate explained that this resolution allows the city to apply for grant funds from the Ohio Department of Natural Resources for the purchase of additional trees. The city would be looking at the purchase of sixty-five additional trees on a 50/50 grant basis to replace the ones lost due to Route 48 reconstruction. The city would also look at placing some trees on Montgomery Street and some in the park areas. If council would be interested in this, the city would like to proceed with the application.
Mr. Beyer asked if this grant information came from the woman who attended the park board and planning board meetings, and Mr. Applegate stated "no"; that the information came through the mail.
Mr. Bruns then made a motion to have the one and only reading and adopt this resolution. Mrs. Shields seconded the motion. All concurred, and the resolution was passed.
4. Open Agenda
Mayor Packard reported on the April 19, 2000 meeting held at Union Elementary regarding the youth helmet law. Some members of city council and staff attended. Dr. Paul Gresham, pediatrician, was there to answer questions and take comments from those in attendance, which included youth from the community.
Mayor Packard also noted that the city had been contacted regarding making a contribution to the Northmont Chamber of Commerce Fourth of July celebration for 2000. Mayor Packard made a motion that the city donate the same amount as was done last year, which was $250.00. Mr. Hissong seconded the motion. All agreed and the motion was passed.
Mr. O'Callaghan stated that he would like to thank the Ladies League for running the Easter egg hunt this year and for making it the success it was. Also, he wanted to remind people that the park board is looking for a recipient for the "Spirit of Union" award. If anyone has any nominations for this award for residences or businesses, please give Denise Winemiller a call so the board can take a look at the nomination.
Mr. Applegate asked council to refer to the information in their packets regarding the report prepared by the city of Fairborn and its fifth annual government cost survey concerning taxes for villages and cities in Montgomery and Greene counties. The study also incorporated rates on water and sewer from the Englewood survey that is done every year. He noted that of the twenty four communities represented that Union was 23rd lowest for rates for services. This is a better rating than we received last year, and he feels it shows how well we do in providing services to our citizens. The information will be available in our next newsletter, and a copy will be kept at the front counter.
Chief Dan Gessner then commented on the situation regarding the resident who complained at the last meeting about the man walking the dog in the street. The dog was seen defecating in the street. A note was left in the man's door concerning this matter, and he called the police department that evening. He told Officer Hacker that he would take care of the problem and that it should not happen again.
Mayor Packard then mentioned that he had received calls concerning speeders and noise from "boom boxes". He has talked to the chief regarding this, and the chief will have his officers keep on top of this situation. Mayor Packard asked if it is possible to have signs posted at the entrances to Union stating that the city will enforce the noise ordinance. Mr. Applegate responded that this would be possible.
5. Mr. Beyer made a motion that the meeting be adjourned. Mrs. Shields seconded the motion. All concurred, and the council meeting was adjourned.
Mayor Packard called the May 8, 2000 City of Union council meeting to order. Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were: John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.
Mayor Packard called for a moment of silence.
1. Mayor Packard asked if there were any corrections or additions to the minutes from the last meeting. There were none, so Mayor Packard moved that the minutes of April 24, 2000 be accepted as prepared. Mr. Bruns seconded the motion. All concurred and the minutes were accepted. Mrs. Terry abstained.
2. Mayor Packard then opened up the floor for any comments from visitors or citizens attending the meeting.
Mr. Glynn Marsh, representing the Randolph Township Historical Society, invited city council members and citizens to attend their Third Annual Open House to be held at the Ward Center at 235 East Salem in Clayton on Friday May 19, 2000 from 6-9 P.M. and on Saturday May 20, 2000 from 10:00 A.M. to 6:00 P.M. Mr. Marsh also thanked the city staff and residents for supporting the Historical Society in the past.
3. Public hearing on the rezoning of property at 501 N. Main Street from Agriculture / Residential , A-R, to Residential , R-3 on approximately 3 acres located on St. Rt. 48(North Main Street) on the east side of the road and north of Old Springfield Road.
said the public hearing was advertised as required by law and
notices were sent to adjoining property owners. No negative letters
or comments were received on this rezoning. The Mangens own a
three acre tract of ground and home in the agricultural/residential
district, and they want to split the lot in order to build a
new home. They intend to eventually sell their existing home.
Mr. Mangen said they like living in Union, and they are looking
forward to building a new home.
4. Mr. O'Callaghan moved to amend the agenda in order to waive the three reading requirement and have one reading of ordinance 1178. Mr. Hissong seconded the motion. All members voted yes and the agenda was amended.
moved to suspend the charter requirement of three separate readings
on three separate days in regards to ordinance 1178. Mr. Bruns
seconded the motion. All members were in favor and the motion
5. Open Agenda
Mr. Packard asked community residents to please be careful and watch out for children in the community. Now that nice weather is here he has seen many children playing outside and some areas do not have sidewalks so people need to exercise caution.
Mr. Beyer asked for information on Route 48 construction progress. Mr. Applegate responded that the storm sewer on the east side is almost done and they should be able to finish paving soon. Mr. Beyer then asked about the funding for Route 48. When bids came in the amount figured was approximately $700,000 underneath the engineer's estimate. That amount is still "on target" and the work on the west side should proceed more quickly. The city has also recently finished the last two sanitary sewer lines in the old part of town.
Mr. O'Callaghan noted that the parks are looking nice and being used quite a bit, along with NABL's use of the ball diamonds. He also noted that he believes that helmets should be worn for biking, skate boards, etc. even though the city is not pursuing the helmet law at this time.
then referred to the newsletter that Englewood prints for its
citizens. One of the articles referred to the fact that a citizen
could call in with the license number of a car which is violating
the 'noise ordinance" and at that point the police department
would take care of it. Mr. Bruns did not believe this would be
a good idea. Chief Gessner explained that this probably does
not mean a citation would be issued based on the call, but that
as in Union, if our police department took a complaint, an officer
would talk to the individual and tell them that if the police
catch them violating the ordinance they would be fined.
At this point Mr. Applegate brought up the subject of Heartland Airlines which is trying to locate at the Dayton Airport. Dayton has requested a joint ED/GE application for regional participation to fund the start of the airline. Six communities to date have authorized a joint application. Mr. Applegate recommended an amount totaling 1% of the $500,000 needed from area communities for a total of $5,000 to help fund the start up airline. There would be no money out of city funds but it would come out of ED/GE funds.
Mr. Beyer asked what kind of airline and Mr. Applegate responded that it is a passenger and business airline, hoping to be starting up by January 1, 2001. Mr. Bruns then asked if there was a deadline for support of this project, and Mr. Applegate replied that they needed an answer by next week. Mr. Beyer stated that start-up airlines do not have a good track record. Discussion followed as to the merits of this participation.
Mr. Bruns then
made a motion that Mr. Applegate go ahead and add Union as a
participant in this application for the recommended 1%. Mr. Packard
seconded the motion. The vote was
6. Mr. O'Callaghan
then made a motion to adjourn the meeting. Mrs. Shields seconded
and the motion was passed. The meeting was adjourned.
Mayor Packard called the May 22, 2000, City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Michael Blackwell, Police Lieutenant.
Mayor Packard welcomed everyone to the meeting and to the public hearing and called for a moment of silence.
1. Mayor Packard asked if there were any additions or corrections on the minutes of the May 8, 2000 council meeting. There were no corrections so Mayor Packard moved that the minutes be approved. Mr. Bruns seconded the motion. All concurred and the motion was passed. The May 8, 2000 council minutes were accepted as prepared.
2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience.
Mrs. Julie Johnson from Martindale Road asked if the City of Union was mowing along Union Elementary under the power lines and the baseball fields. Mr. Applegate said that the City of Union does the mowing.
said kids were on the playground from noon to 1:45. She suggested
the city may have liability mowing so close to the children on
the school playground. Mr. Applegate said they mow along a storm
ditch around the school, but the power lines and the baseball
fields are not close to the school playground. He said he would
get with the maintenance department.
Mr. Applegate said Mr. Mason had called him and he had taken a look at it. He said they would have to check with an engineer to see if it was possible to extend the storm sewer to that area.
Mr. Applegate said by state law, the city is not responsible for curbs and sidewalks. He said why there was a problem, he didn't know but the plat is over 30 years old. Mr. Applegate said that was the way that the design work was done back at that time. Mr. Applegate said they would have to have an engineer take a look at it.
In response to Mayor Packard's questions, other problems could be occurring - the concrete mix, etc. Mr. Applegate said it would be hard to tell. Most of the problem is in the driveway approach, not the curbs. There are other areas in the community that has similar water run off but the concrete curb is not deteriorating.
3. Public hearing on amending the official zoning code of the City of Union regarding 1153.01 (c), relating to off street parking and loading requirements and Chapter 1165.02 of the City of Union code, relating to defining the term "Commercial Vehicle"
Mayor Packard opened up the public hearing.
Mr. Applegate said this has been advertised as required by law and since it is an amendment, there were no notices to property owners as with a zoning change.
When the city
had a public hearing on definition of storage and commercial
vehicles, they realized that some of today's vehicles, like sport
utility vehicles can weigh up to 9,000 pounds and the existing
code only allows up to 5,000. This change would allow vehicles
weighing up to 11,500 pounds.
Carla Edwards said at the last public hearing on storage of vehicles, there were people with commercial vehicles weighing 17,500 pounds. She asked if those vehicles would be permitted.
Mr. Applegate said at the meeting, some of the residents did not know for sure what their vehicles weighed. They did call and talk to him later and Mr. Applegate told them that their vehicles would probably be over the weight limit. Probably 90 percent of private and commercial vehicles will be covered, but not the larger bucket trucks and tractors.
Mr. O'Callaghan said the existing ordinance with a 5,000 pound weight limit has been on the books since 1973 and the city has not cited the majority of the vehicles. If there is a complaint about a commercial vehicle or an obvious violation, the city will send a violation notice.
Mr. Applegate said most cities still are using the 5,000 weight limit. Some cities, like Englewood, specifically prohibit semis.
Mrs. Johnson said that commercial vehicles over 5000 pounds but not non-commercial were covered under this ordinance. Mr. Applegate said, no, the ordinance stated, "the overnight parking or storage of any truck or commercial vehicle".
Motor homes are covered under another part of the code. Any size recreational vehicle can be parked in the rear yard and some can be in the side yard if they meet certain restrictions.
Mr. Arnett asked about the term "overnight" that was in the original ordinance. He said that was being taken out and there was no amount of time specified. He said a Dayton Power and Light vehicle would not be allowed.
Mr. Applegate said that the amendment changing the overnight specification would be on the ballot. A cable, electric, or commercial vehicle that is being used as a permitted use or accessory use would be allowed. Work that has to be done and requires a truck, would be permitted.
Mr. Bruns said the only change on what is being discussed on this ordinance is the 5,000 is being changed to 11,500.
There were no more comments so Mayor Packard moved that the public hearing be closed.
Mr. Applegate said since there was so much concern about the weight of the vehicles expressed by the citizens, he suggested that the council consider waiving the three readings so the ordinance could go into effect within thirty days so the change would be made as soon as possible.
Mr. Bruns moved to amend the agenda for item 4 and item 5, to eliminate the three readings and to move that they be on one reading. Mr. O'Callaghan seconded the motion. Mrs. Terry and Mayor Packard voted against the motion and Mr. Bruns, Mr. Hissong, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer voted for the motion. The motion to amend the agenda was passed.
Mrs. Johnson asked how you amend a charter requirement. Mr. Beyer said the charter allows the requirement for three readings at three separate meetings to be suspended.
Mr. Bruns read the corresponding passage from the charter, under section 2.06, section G.
Every ordinance shall be fully and distinctly read on three different days, unless each member has previously been furnished a copy thereof, in which case it can be read by title only. By an affirmative vote of five (5) members of Council, the council can suspend the rule requiring the reading of an ordinance on three different days.
4. FIRST READING - ORDINANCE 1180 - AN ORDINANCE AMENDING SECTION 1153.01 (c) OF THE CITY OF UNION CODE, RELATING TO OFF-STREET PARKING AND LOADING REQUIREMENTS. (three readings)
Mr. Bruns moved
to have the one and only reading and adopt Ordinance 1180. Mr.
Beyer seconded the motion. There were two votes against the Ordinance
by Mrs. Terry and Mayor Packard and five votes in favor of the
ordinance by Mr. Bruns, Mr. Hissong, Mr. O'Callaghan, Mrs. Shields,
and Mr. Beyer. Ordinance 1180 was adopted.
Mr. Bruns moved to have the one and only reading and adopt Ordinance 1181. Mr. O'Callaghan seconded the motion. Mrs. Terry and Mayor Packard voted against the ordinance. Mr. Bruns, Mr. Hissong, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer voted for the ordinance and Ordinance 1181 adopted.
6. ONE READING
- ORDINANCE 1182 - AN ORDINANCE TO APPROVE A STATEMENT OF SERVICES
TO BE FURNISHED TO A 640.542 ACRE TRACT OF GROUND PROPOSED FOR
ANNEXATION TO THE CITY OF
said all three ordinances 1182, 1183, and 1184 are required by
the Ohio Revised Code in regard to annexations where the city
is required to have an ordinance about services to be provided
to the annexation area. Mr. Applegate indicated the area of 640.542
acres on the map. The date for the hearing before the county
is June 13, 2000. One hundred percent of the residents have petitioned
for annexation. Water and sewer is being made available. Tap
in fees will be charged except to the existing residential structures.
Mr. Applegate said in this area, all property owners have good wells. Mrs. Johnson said the city was giving away water and sewer tap in fees and services. Mr. Beyer said the city would not be giving away services. Mr. Beyer explained that they were looking ahead to the city's future - to gain more jobs, more commercial and industrial development, etc., which the people are always requesting. There would not be residential development near the airport - it would be more likely industrial or commercial. Now, there are only a few lots left in the city zoned for Light Industry. Mrs. Johnson said she could not understand why they would give the tap in fees for free. Mrs. Edwards felt if they wanted into the city, they did not need the incentive of free tap in fees.
reminded the citizens that water and sewer money, by state law
could not go to streets, police, etc.
Mr. Bruns pointed out that in all past annexations, the tap in fees to existing residences have been waived. Mr. Applegate said the cost is so small, $600.00 for capital sewer and $600 for capital sewer compared to the potential benefit to the community.
Mrs. Edwards was concerned that the annexations would cost the city money in maintaining streets and services. Mr. Applegate indicated a few areas on the map. There are only two small sections of road that the city would need to maintain.
Mrs. Johnson asked why the city didn't contact other people so the border would be straight. Mr. Applegate said they responded to the residents that approached the city. He said the city helped draw up the petition in response to property owners' desire to be in the city.
Mrs. Terry said some residents on Kley Road also were having water problems and Mr. Applegate said that in some time in the future, they may be meeting with those people.
Mr. Bruns moved that Ordinance 1182 be declared an emergency for the reasons set forth in the Ordinance. Mr. O'Callaghan seconded the motion. All the councilmembers concurred and the motion was passed.
Mr. Bruns then moved to have the one and only reading and adopt emergency ordinance 1182. Mr. Beyer seconded the motion. All concurred and the motion was passed.
7. ONE READING
-ORDINANCE 1183 - AN ORDINANCE TO APPROVE A STATEMENT OF SERVICES
TO BE FURNISHED TO A 53.097 ACRE TRACT OF GROUND PROPOSED FOR
ANNEXATION TO THE CITY OF
A resident asked why this needed to be an emergency. Mr. Bruns said it was necessary so it could be passed before the public hearing would be held at the county. When asked how long they have known about it, Mr. Bruns said it had just now come before the council.
Mr. Bruns moved that Ordinance 1183 be declared an emergency for the reasons set forth in the Ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion as passed.
Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance 1183. Mayor Packard seconded the motion. All concurred and Ordinance 1183 was passed on the first reading.
Mr. O'Callaghan asked when the public hearing on the 640 acre annexation at the county would be held. Mr. Applegate said on June 13. Mr. O'Callaghan verified that the statement of services needed to be passed before the public hearing.
8. ONE READING
- ORDINANCE 1184 - AN ORDINANCE TO APPROVE A STATEMENT OF SERVICES
TO BE FURNISHED TO A 3.771 ACRE
Mr. O'Callaghan moved that Ordinance 1184 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. O'Callaghan then moved to have the one and only reading of emergency Ordinance 1184. Mr. Bruns seconded the motion. All concurred and Ordinance 1184 was passed.
9. Open Agenda
Mayor Packard said he believed in Ordinance 1180 and 1181, but that he wanted to have three readings of each one.
Mr. O'Callaghan asked that people continue to nominate residents for the Spirit of Union award.
Mrs. Terry said she also voted no on having one reading only on Ordinances 1180 and 1181 because she wanted three readings.
Mrs. Terry said she had received a letter concerning Officer Wilson. She had spoken to Officer Wilson who had failed his last police exam.
Mr. Beyer said he thought this was a personnel matter and he thought it should not be discussed in an open meeting.
Mrs. Terry said Mr. Wilson had asked her to bring this up at the meeting. Mr. Beyer said since that was the case he had no problem discussing the matter publicly. Mrs. Terry said the test was in four parts and Mr. Wilson did not pass the test. However, he said he has been a part-time officer for twenty-two years, since 1978. Part time officers do not have to pass the test and this is a civil service requirement. She asked if he could be a full time officer without passing the test. Mr. Applegate said he would have to pass the test and he could take the test again when it is offered. Mrs. Terry also had another matter regarding testing that she offered to take up with Mr. Applegate at another time. Mr. Applegate said officers had to pass the test to work full time and it was a civil service exam and a civil service requirement. The city does not provide or grade the test that is handled by a private company.
Mrs. Terry said when the city obtained extra money for the police department, she thought the purpose would be to have two police officers on duty all of the time.
Mr. Applegate and several councilmembers responded that was not correct. The object was to hire four full time officers and the city has done that. Sometimes, there are two or even three officers on duty but they are not all full-time officers.
Concerning Officer Wilson, when the test is given again, Officer Wilson can take the test again.
Mr. Bruns said Randolph Township Historical Society had their open house. He said he appreciated the effort that the historical society puts out.
Mr. Applegate asked council if they had noticed the no noise signs are up.
Lieutenant Blackwell said he wanted to thank the Montgomery County Sheriff's office for bringing in workers to mulch the flower beds and pick up trash in the parks.
10. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was adjourned.
Mayor Packard called the June 12, 2000, City of Union council meeting to order.
Attendance was taken and the following councilmembers were present: Mayor Packard, Mr. Beyer, Mrs. Shields, Mr. Hissong, and Mr. O'Callaghan.
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 Mr. Bruns was on vacation this week so he moved to excuse Mr. Bruns from attending the council meeting. Mr. O'Callaghan seconded the motion. All concurred and Mr. Bruns' absence was excused.
said that Mrs. Terry had said she would not be at the council
meeting but when asked if she had a reason, she said no. Mayor
Packard moved that the council not accept her absence. Mrs. Winemiller
said that Mrs. Terry had informed her that she had business to
take care of but did not state the nature of her business. Mayor
Packard withdrew his motion. Mrs. Terry's absence was not excused.
1. Mayor Packard asked if there were any comments or corrections on the council minutes from the May 22, 2000 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 in the audience.
Julie Johnson on Martindale Road said she wanted to mention that the basketball courts looked really nice. She asked if the basket ball goal put on the side was adjustable. Mr. Applegate said it was. Mrs. Johnson said both older and younger people were playing on it.
Mrs. Johnson asked about the movies that the YMCA wanted to have this summer. She asked if they had any luck purchasing a movie screen. Mr. Applegate said he had talked to Dan Hall, the principal of Union Elementary and they were planning on renting the screen and purchasing the movies. Mrs. Johnson asked if the park board was going to sponsor one of the movies and Mr. Applegate said they were.
Then Mrs. Johnson asked if they had made a decision on the Spirit of Union award. Mrs. Winemiller said they were still waiting for one more park board member's input.
asked when an unlicensed vehicle was determined to be abandoned.
Mr. Applegate said that vehicles had to be operable and operable
vehicles needed to be licensed.
Mrs. Johnson said she wanted to leave an article with the Union staff about education.
asked if anyone had received an envelope a few weeks ago and
if the city has a policy on uniform patches - if the patches
had to be removed when a uniform was discarded. Chief Gessner
said that the officers were supposed to turn the uniforms in
with the patches, when they leave.
Mr. Applegate said they had a few new trucks but they were grey. They also have an old grey army truck that is also used by the police department.
Mrs. Edwards said they did have city tags and she asked if they had authorized the purchase of new trucks. Mr. Applegate said they had two new trucks. Mr. Applegate said the army truck had been repainted and that all trucks purchased had been authorized in the appropriation ordinance for this year.
residing in the village of Frederick, Miami County, thanked Mr.
Beyer and Mr. Applegate for attending a meeting they had organized
about annexation and water issues. He said the meeting had been
very informative for the residents and the village. He said he
was stopping in at the meeting to see if there had been any progress
or what the status was of an annexation.
Mr. Dulaney asked if once the lines were drawn for the annexation, if the city would be able to extend water to any areas outside of the city. Mr. Applegate said that there is an area that they will consider and bring that possibility before the council.
3. Mayor Packard asked Darrin Goudy to step forward. Mr. Goudy was then sworn in as a full-time police officer for the City of Union.
4. ONE READING - ORDINANCE 1185 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION AND DECLARING AN EMERGENCY. (waive three readings)
Mr. Applegate said as stated in the memorandum that was distributed to the council, this was Union's first union negotiated contract. Mr. Applegate said that they have been in negotiations since December, 1999 with the police union and the city. Attorney Janet Cooper, who assisted Union in the contract negotiations, was present at the meeting. At the request of the police union, since the police department did not get a raise when the other raises took effect because of their negotiations, Mr. Applegate said they would appreciate passing the ordinance in one reading. Mr. Applegate said that not everyone walked away with what they wanted in the negotiations, but it was a start. Mayor Packard thanked Ms. Cooper for her assistance.
Mr. Beyer said that Mr. Applegate kept the budget committee apprised of the negotiations since it would have an impact on the budget.
Mr. O'Callaghan moved that Ordinance 1185 be declared an emergency for the reasons set forth in the Ordinance. Mayor Packard seconded the motion. All concurred and the motion was passed.
Mr. O'Callaghan moved to have the one and only reading and adopt emergency ordinance 1185. Mr. Beyer seconded the motion. All concurred and Ordinance 1185 was passed.
5. ONE READING - ORDINANCE 1186 - AN ORDINANCE AMENDING ADMINISTRATIVE CODE CHAPTER 153 OF THE CITY OF UNION CODE AND DECLARING AN EMERGENCY. (waive three readings)
said with the addition of the contract, the city would have to
make various changes in the administrative regulations to come
into compliance with the police union contract, and to offer
the same benefits within the agreement to all full time employees.
6. Open Agenda
Mayor Packard said that Mr. O'Callaghan and the Park Board were checking out several different addresses for the Spirit of Union award and it would be a tough decision.
mentioned that in the council packet was the approval from the
Community Development Block Grant program that the city would
receive funding to bring the city building up to code for handicap
Chief Gessner welcomed Darrin Goudy to the police department. He grew up in this area and is a Northmont High School graduate.
The Chief said that fifteen people took a test for the position of full time police officer that had four different parts and covered math, reading, grammar, and writing, and Mr. Goudy's scores were 100, 100, 95, and 100.
Mayor Packard said that he has noticed more people wearing helmets when riding their bikes.
Chief Bergman said that they had received a grant to help pay for fire training through the Fire Marshal's office. The amount is $750.00 and covers the cost of books and tuition for new fire fighters.
There was a
structure fire on Phillipsburg-Union Road and the firemen were
on the scene within four minutes. An extra minute or two would
have made a big difference. Chief Bergman
said a Union employee, Rob Bergman, saw the smoke from the fire
and reported it which helped get the firemen there even faster.
Mayor Packard called the June 26, 2000 council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were Denise Winemiller, Assistant City Manager/Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Buddy 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 June 12, 2000 council meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. Mr. Bruns and Mrs. Terry abstained, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer voted for the motion and the council minutes were accepted as prepared.
2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience.
Edwards from Sheets Street asked about the permit for the waste
water treatment plant. She said that they were not in compliance
in three separate areas. She asked if the city was in compliance
said that he said that he had been required to pave his gravel
driveway but there was someone in the neighborhood that had not
paved his driveway. Mr. Butler asked why some residents were
made to pave their driveways and others were not.
from 6 Laurelgrove, said there were a lot of RV's and trailers
in town. Mrs. Winemiller said that Mr. Clark had come to a Planning
Commission meeting and turned in some addresses he felt had zoning
violations. Mrs. Winemiller said the addresses had been furnished
to the zoning enforcement officer. She said she would be meeting
with him on Tuesday, June 26, the day after the council meeting.
She said some citations had been issued, some were in the process,
some of the locations from Mr. Clark did not have addresses.
Mr. Moore said that after the third notice was given, the residents would be given a summons into Vandalia Municipal Court. He explained the process the court goes through, first sending the notice by certified mail, then by regular mail, etc. He said the court had their own time schedule on handling the violation.
Mrs. Terry asked if three notices were required. Mrs. Winemiller said that the judge would want the notices - that it would look favorable to the city. It is part of the process of building up a case.
Mr. Clark had other complaints, and questions about having his trailer parked on the street and in the driveway. Mrs. Winemiller explained that 48 hours was granted for RV's but that utility trailers could not be stored in the front yard or on the street.
3. Swearing in of Christopher Guthrie as part-time police officer.
Mayor Packard asked Christopher Guthrie to step forward. Mr. Guthrie was then sworn in as a part-time City of Union police officer.
of asking F/Y 2001 budget.
Mr. Beyer moved that the asking F/Y 2001 budget be approved. Mayor Packard seconded the motion. All concurred and the asking F/Y 2001 budget was approved.
5. Open Agenda
Mayor Packard said he hoped everyone would have a safe holiday.
Mr. Beyer said
that the Budget Committee had recommended the adoption of the
Mr. O'Callaghan announced that they had presented the Spirit of Union award to Chris Van Atta at 408 Skipper Court. He thanked Chris for all her work and suggested the council stop by to admire their property. He said there would be an article about 408 Skipper in the next city newsletter.
Mr. O'Callaghan asked if there had been any further discussion on the curbs/sidewalks that a resident had complained about that were deteriorating due to storm water flow. Mrs. Winemiller said the engineer had not gotten back with Mr. Applegate on that yet.
Mrs. Terry wished everyone a happy Fourth of July. She also asked about the minutes of the last meeting. She said if the Mayor withdrew his motion to not excuse her from the meeting, did it mean her absence was still not excused. The council and Mrs. Winemiller said it was still an unexcused absence.
Mrs. Winemiller said that the Union police department, the YMCA, and the schools had sponsored a movie held at the pool but the attendance had been very low. They will be having more movies and the times will be advertised in the Englewood Independent.
Chief Gessner said that Mr. Guthrie that was just sworn in to the police department, had the second highest score and averaged 95% in all four categories. Chief Gessner said they now have four part-time officers.
Buddy Bergman said that Union had taken first place for their
1991 fire tanker at the Central Western Fire event.
6. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the council meeting was adjourned.