Union City Council Meeting Minutes
Second Quarter 2001
 
April 9, 2001, Meeting Minutes
April 23, 2001, Meeting Minutes
May 14, 2001, Meeting Minutes
May 23, 2001, Meeting Minutes
May 29, 2001, Meeting Minutes
June 11, 2001, Meeting Minutes
June 25, 2001, Meeting Minutes
 
 
 

April 9, 2001

Mayor Packard called the City of Union council meeting to order on Monday evening, April 9, 2001 at 7:30 p.m.

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

Mayor Packard said Mrs. Terry had called and had to be out of town due to an illness in the family so he moved to excuse Mrs. Terry from the meeting. Mr. Beyer seconded the motion. All concurred and her absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections on the minutes from the March 26, 2001 council meeting. There were none so Mr. Beyer moved that the minutes be accepted as prepared. Mr. Bruns 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 citizens and visitors in the audience on matters other than the public hearing. There were none.

3. Public hearing on amending section 1153.01 (c) of the City of Union Code, relating to Off-Street Parking and Loading Requirements.

Mayor Packard opened up the public hearing and asked if there was anyone that wished to be sworn in to speak at the public hearing. No one from the public requested to speak during the public hearing.

Mr. Applegate said this was the second time an ordinance dealing with parking and storage of tractor trailers and vehicles has been before council.

There were no comments from citizens, council, or staff. Mayor Packard closed the public hearing.

4. FIRST READING - ORDINANCE 1219 - 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 first reading of Ordinance 1219. Mr. Beyer seconded the motion. All concurred and Ordinance 1219 was passed to the second reading.

5. ONE READING - ORDINANCE 1223 - AN ORDINANCE TO APPROVE A STATEMENT OF SERVICES TO BE FURNISHED TO A 1.299 ACRE TRACT OF GROUND PROPOSED FOR ANNEXATION TO THE CITY OF UNION AND DECLARING AN EMERGENCY.

Mr. Applegate explained that this dealt with the Ohio Revised Code requirement of the statement of services needed for an annexation hearing scheduled on April 24, 2001. This ordinance fulfills an obligation made in 1988 when the city was invited to attend a meeting from the Frederick Water Association. The outcome was that Mr. Tom Miller and a few other citizens agreed to be annexed to the City of Union and that the city would provide water, and there would be free water and sewer tap ins to the existing residential structures. In recent service resolutions for annexations, water and sewer has just been made "available". This ordinance honors that previous commitment made in 1988. Mr. Applegate commented that those citizens still have to pay for their own water service line and sewer laterals. The annexation of 1.299 acres will bring in a tool and die shop.
Mr. Applegate wanted to clarify what had been stated by various people that a fire and police building would be built in the newly annexed area, Mr. Applegate said that was not true. The ordinance states that if flooding or other matters occur which prevent easy access to the area, the city could set up a substation in the annexation area. Mr. Applegate said that a resident, Mr. Miller, has offered to provide an area in one of his businesses at no charge if something like that would be necessary. There are no plans from the city to build a substation in that area.

Mr. Beyer asked, for the record, considering the annexations on the agenda for this meeting, how many residences could receive free tap ins. Mr. Applegate said there were 34 owners, 49 properties, some of which are vacant lots. There would be roughly 40 properties. The zoning is Agricultural-Residential. Eventually, there will be some rezoning changes. Once in the city, anything new would have to comply with City of Union regulations.

Mr. Beyer moved that Ordinance 1223 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. Beyer then moved to have the one and only reading and adopt emergency ordinance 1223. Mr. Bruns seconded the motion. All concurred and Ordinance 1223 was adopted.

6. ONE READING - ORDINANCE 1224 - AN ORDINANCE TO APPROVE A STATEMENT OF SERVICES TO BE FURNISHED TO A 87.266 ACRE TRACT OF GROUND PROPOSED FOR ANNEXATION TO THE CITY OF UNION AND DECLARING AN EMERGENCY.

Mr. Applegate said this was the second annexation, also scheduled for a public hearing on April 24. Everything that was said about Ordinance 1223 would apply to this ordinance. They were handled separately because they are not contiguous to each other.
Mr. Beyer moved that Ordinance 1224 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 1224. Mrs. Shields seconded the motion. All concurred and Ordinance 1224 was adopted.

7. PROCLAMATION FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

Mr. O'Callaghan moved to amend the agenda to include the proclamation. Mr. Beyer seconded the motion. All concurred and the agenda was amended.

Mr. Applegate said that this was an annual proclamation that was asked to be passed by Montgomery County concerning the Community Development Block Grant Program. Mr. Applegate said this program has been very effective for this community, particularly in installing sidewalks on West Martindale Road, Montgomery Street, and in Springview Acres # 1. Mr. Applegate added that he currently sits on the CDBG advisory board and he recommended adopting the proclamation.
Mayor Packard said he and a former councilmember, Steve Liles had pushed for sidewalks in Springview Acres many years ago. Mayor Packard said Mr. Liles came back into the city after fifteen years and was very pleased with what had been done in the city.
Mr. Applegate said the recent grant received for updating of the city building for the American Disabilities Act was from the Community Development Block Grant Program.
Mr. Beyer moved to approve the proclamation recognizing the Community Development Block Grant program. Mr. Bruns seconded the motion. All concurred and the proclamation was adopted.

8. Open Agenda

Mayor Packard said he and Mr. Hissong had attended the Easter Egg hunt at the Union Elementary. He said Mrs. Terry, her family, and the Ladies League had done an excellent job and he hopes that the city continues with this yearly event. Mayor Packard said he was very pleased with what was going on.

Mr. Beyer asked if there was any information on Main Street. Mr. Applegate said they will start grading and seeding areas that need work and in about three weeks, they anticipate coming through with the finished course of asphalt, depending on the weather and temperature.

Mrs. Shields asked when the mowing of the green spaces would be started. Mr. Applegate said all the mowers and equipment are ready.

Mr. O'Callaghan said there were only sixty to seventy more people listed in the census from 1990 to 2000. Mr. Applegate said there were approximately 400 homes built between 1990 and 2000. They will officially dispute and challenge the number to try to get an accurate count. It is important to the city because of the local government funds and other revenues.

Mr. O'Callaghan also thanked Mrs. Terry for her work and donation to the egg hunt. Mayor Packard also thanked Mr. Hissong for donating twenty-five dozen cookies.

Mr. Hissong asked if they were going to move Mr. Bob Jackson's storage building. Mr. Applegate said yes, the contractors for State Route 48 would. He said that it was one of the items that they did not get finished last year. Sidewalks will be installed along East Martindale Road as far as the new curb.
Mr. Hissong also wanted to thank Mrs. Terry for the Easter egg hunt. He said she brought a crew of nine people that worked on Friday, came back on Saturday morning, and they were ready by 11:00 a.m. He said that she did a tremendous job.

Mr. Bruns asked how much they had benefited from the ED/GE program. Mr. Applegate said they had received approximately 60,000 dollars in grant monies.
He also asked if Mr. Applegate was going to discuss the new storm water management regulations.

Mr. Applegate said he was going to comment concerning that. It is called Phase II Storm Water Regulations and this program affects cities of less than 10,000 people. Mr. Applegate recently obtained information at a seminar that he had attended. The new program is initiated by the Federal Government. Cities have five years to meet the new program guidelines. Luckily, the city already has a storm water program in effect. They will have to obtain a permit from the E.P.A. for this program.

Mr. Applegate said they have gone through the Concord Far West parks and have trimmed and cleaned up fence rows. They have had several favorable comments about the work done there.

Mr. Applegate said he wanted to talk a little about the police new cruiser. He said he and the department were very proud of the equipment installed in the cruisers. Mr. Applegate said he wanted to talk about where the money came from for these improvements. He said the city gets negative comments that annexations cost them money but the annexation that took in Miller Brothers Excavating in Miami County generates revenue from tangible personal property taxes. For the entire City of Union located in Montgomery County, tangible personal property values total 2.7 million. The acreage within the eighteen acres in the Miami County annexation has a tangible personal property tax value of 2 million. The General Fund receives $3,203 dollars, the street levy, $ 6,454 dollars, the police pension fund $650.00, police fund, $17,921, and fire $5,400. In over four years, they have brought in $70,000 to the police department. This money has allowed the police department to purchase this equipment. They have also obtained over $8,000 a year in license plate fees from Miller Brothers that goes into the street fund. There is less than a mile of streets in the annexation area so most of the money received from that goes to the other sections of Union.
Mr. Applegate said eventually, Union will have to have an income tax. When the city develops industrial and commercial properties, they may not require any voted property tax millage in the future. Mr. Applegate said when the council sees the police cruisers, they should realize that without that money from the annexed area, they would not have been able to buy the equipment. The money generated has meant a great deal to the city, especially the police department.

Also, concerning a recent letter to the editor, the city manager commented that those are sometimes opinions, not fact, and a letter implied that money for a lawsuit had come from the street levy. Mr. Applegate stated that was incorrect. The street levy has never paid for any law suit.

Mayor Packard said the letter in the Englewood Independent had encouraged people to vote against the street levy. He asked Mr. Applegate to explain what would happen if the street levy failed.
Mr. Applegate answered that before the first levy was passed in 1976, the city had no money to fix the roads and pot holes. Now, Union has a good street scape and that helps increase the property values. He added that streets will always be there and always need to be maintained. If the levy would fail, they would also lose the money for the reconstruction of the streets.
Mayor Packard said it was hard to believe that Mr. Arnett would encourage someone to vote against something that is needed very badly. Mr. Beyer added that it was very irresponsible. Mr. Applegate said anyone can have an opinion but a lot of them are not based on facts.

Mr. Moore said he needed to make some informational and educational types of comments. He said within the last year, there was a case in the Vandalia court on a housing code violation dealing with a garage. Mr. Moore does not do criminal cases - that is done by the Vandalia prosecutors. But when there is a housing or zoning violation, the city law director does do that. One person had not been able to get his garage in shape and later the city found he had some other problems. The city kept working with him and when the person made an effort, Mr. Moore dismissed the case because the resident had made a good faith effort to improve the property. Mr. Moore wanted to quote a portion of the housing code 1361.03 PURPOSES:

This chapter is hereby declared to be remedial and essential for the public interest and it is intended that this chapter be liberally construed to effectuate the purposes as stated herein.

This was passed in 1985. Mr. Moore said they haven't been to court too often because they usually try to resolve the problem without going to court. Mr. Moore said he wanted the council to have that background because they had another case. On March 13, 2001, Mr. Hansel came to his private office - he had not called ahead or made an appointment, he just went to the office. Mr. Moore said he signed a document saying "The undersigned, Joseph Moore received five sworn statements from Rodger Hansel concerning John P. Applegate, John P. Applegate, Steven E. Roth, John P. Applegate, and Glenn Applegate. Mr. Moore said these sworn statements were five paragraphs long and he was just going to highlight a couple of the sentences in the paragraph. Mr. Hansel wanted Mr. Moore to file charges against the people mentioned. The document was signed by Mr. Hansel and notarized by Carol M. Arnett. It states: " John P. Applegate, Steven E. Roth, and Glenn Applegate, you are hereby ordered to call or appear before the building inspectors/zoning enforcement officer within five days to avoid prosecution. I expect to hear from the zoning inspector or head enforcement officer by the 22nd of March. If these violations are not corrected and the city law director fails to comply with the law, I will have no alternative but to file a complaint with the county prosecutor's office or file charges against the City of Union for dereliction of duty and failing to honor their oath of office to enforce the existing ordinances."

Mr. Moore said he wanted the council and public to know about this correspondence. Mr. Moore wrote back to Mr. Hansel on March 19 and said he would treat this like any other case, it would be investigated. He also informed them that he sent a letter to Matt Heck at the Montgomery County Prosecutors' office on March 19, 2001.
On March 26, Mr. Hansel showed up again at his private office and served Mr. Moore with another piece of paper saying "I am following up on these violations I turned in to Jim Vehorn and Joe Moore on 3/13/01. Has John Applegate, Glenn Applegate, and Steve Roth been sent ordinance violations yet? I am following the procedure of the City of Union and I'm giving you another five day notice. After the second five day notice has expired, you will be sent your third and final notice and appropriate action will be taken." This letter was written to Mr. Moore and Mr. Vehorn. "Mr. Moore, I would like to know the type of time frame you are talking about when you say you are going to do an investigation. Are we talking a few days, a week, a month? I would like some type of idea how long this investigation will take."
Mr. Moore said he is not the zoning inspector and has asked Mr. Applegate to look into this. He said if there was a zoning violation, they should be resolved. Mr. Moore said these are not massive problems. Mr. Moore said these zoning violations have been remedied, just like they would for anyone else. Mr. Moore reminded the council of what he read earlier, about the purpose of the housing code. He said these problems are usually attempted to be resolved without court intervention. In this case, Mr. Moore said he would not be filing charges. They have gone through the normal zoning process, trying to have problems resolved, just as with other citizens. Mr. Moore said he did go to the Roth property. They were looking at a piece of property that was purchased in a different condition than what it is now. Mr. Moore said as an example, if there were ten things wrong and seven were corrected but there is more to do, they would not prosecute. The city would work with the person instead of citing them into court. The interpretation and practice of the code has always been within the best interest of the city, and working with citizens. Mr. Moore said he would not be filing any charges.

Mr. Roth said if you look at the rest of the chapter of the PURPOSES, it states that it doesn't devalue the immediately surrounding properties or allow a situation to perpetuate to cost the city money. Mr. Roth said on one side of his property was the wastewater treatment plant, on the west was one of the highest priced properties in Union, and three vacant lots, and Kelso Jones' farm. Mr. Roth said he still had a lot to do but when he was done, it would be one of the nicest properties in Union.
The housing code was passed in 1985 and Mayor Packard said the code has really worked. Mr. Applegate said he felt they had met the expectations of the council. Usually complaints originate from neighbors and then the city responds by sending out a violation. Mr. Applegate said they work closely with the citizens to make sure they are in compliance and fit in the neighborhood.
Mr. Hissong said Mr. Roth had done tremendous work on the house and barn and people that have lived in town know how much the property and the entire town has been improved.

Chief Gessner said the council had asked him to keep on top of all of the traffic violations and the first three months of 2000, they had issued 83 citations and in the first three months of 2001, it was up to 200. Chief Gessner said they were enforcing the laws. In the first three months of 2000 they wrote 17 speeding tickets and this year, it had increased to 107. Chief Gessner said they have not had neighbors requesting police presence this year so evidently the officers were doing a good job and covering the entire town.
Chief Gessner said if anyone has any complaints on speeders, go carts, etc. they should call the police right away.

Mayor Packard also wanted to thank Officer Frank Mauro who also helped at the egg hunt.
Mr. Hissong said that Officer Mauro comes to the school and walks through the school two to three times a week and it has made a difference in the children's attitude towards the police.

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

Mr. Beyer then moved to reconvene the meeting. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was reconvened.

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

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

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April 23, 2001

The April 23, 2001 City of Union council meeting was called to order 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. 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 additions or corrections to the minutes of the April 9, 2001 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.

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

3. SECOND READING - ORDINANCE 1219 - AN ORDINANCE AMENDING SECTION 1153.01(c) OF THE CITY OF UNION CODE, RELATING TO OFF-STREET PARKING AND LOADING REQUIREMENTS. (three readings)

Mr. O'Callaghan moved to have the second reading of Ordinance 1219. Mr. Bruns seconded the motion. All concurred and Ordinance 1219 was passed to the third reading.

4. ONE READING - ORDINANCE 1220 - AN ORDINANCE ACCEPTING THE ANNEXATION OF 126.470 ACRES, MORE OR LESS, IN BUTLER TOWNSHIP, MONTGOMERY COUNTY, AND UNION TOWNSHIP, MIAMI COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance was a requirement for annexations. The land involved is owned by Miller Brothers Sand and Gravel, and is located in the flood plain. This is a continuation of annexing flood plain properties to protect the city's wellfield. Mr. Applegate said Mr. Moore had a few comments to make.

Mr. Moore said they had accepted 640 acre annexation after a charter amendment had passed in the November, 2000 election, that residents would vote on annexations . At that time, Mr. Moore had indicated that annexations were a state wide concern and the Ohio Supreme Court and the other courts in Ohio have stated that when there is a matter of state wide concern, local governments can not pass ordinances or laws that are in conflict of state wide concerns. Mr. Moore said he would advise the council again that the procedure passed to amend the charter was an unconstitutional charter amendment so he felt it was his duty to inform the council that they are free to go ahead and accept the 126.470 acre annexation.

Mr. Bruns moved that Ordinance 1220 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency ordinance 1220. Mr. Beyer seconded the motion. All concurred and Ordinance 1220 was adopted.

5. Open Agenda

Mayor Packard said he had enjoyed driving through the city, looking at the flowers and trees in bloom, especially on Main Street.

Mr. O'Callaghan asked how they were doing on the mowing. Mr. Applegate said the city crew has made a complete pass throughout the city.
Mr. O'Callaghan also reminded everyone to watch for properties to nominate people to receive the Spirit of Union award.

Mr. Hissong asked why did the City give so much time for contractors to complete jobs when they award bids. He complained about the length of time a contractor was spending on completing a job near his house. Mr. Applegate responded that the people that bid the job stipulated the time it would take to complete the project. On the Jodean Lane Culvert Replacement Project, they ran into an unexpected problem where the gas line needed to be lowered. They couldn't turn the gas off during the cold weather. Mr. Applegate said he had no control over the contractor. The bid was awarded in November and it had been a cold season. The contractors were concerned about interfering with the gas line and that brought the project to a halt. The information that was supplied from Dayton Power and Light was what the project was based on but they were too close to the gas line. Mr. Applegate said they were lucky that the contractor came out when they did and they were doing the best they could under the circumstances.

Mrs. Terry thanked the city for their contribution to the Easter Egg hunt. She said it was fun and she hoped to continue with it.
Mrs. Terry asked when Main Street would be finished. Mr. Applegate answered that the contractor was in town grading and he was having a meeting with them next week. Everything is weather related and when it is warm enough, they will start back paving.
Mrs. Terry asked if anything had been done concerning CVS. Mr. Applegate said they were trying to find a contact person and there would be a letter sent.

Mr. Bruns said he wanted to discuss upcoming council meetings. The second meeting in May is May 28, when Memorial Day is observed. In October, and November, it will be the same situation as last year, with Columbus Day and a Monday right after the observed Thanksgiving holiday. In December, the fourth Monday is December 24, Christmas Eve. Mr. Bruns asked if the council would consider discussing moving the council dates for May, October, November, and December from the second and fourth to the first and third Monday. This would avoid future holidays.
Mr. Beyer suggested they have the May meeting on May 29, on Tuesday. Mr. Bruns said that he thought people would have vacation plans during that week.
The council discussed waiting until the following meeting, the first meeting in May, to make their decision on when to have the rest of the council meetings that need to reschedule for holidays.

Mr. Applegate said the council should have information on the Garland Road Landfill in their packets. Mr. Applegate said the city is staying on top of that situation. They had hired an environmental firm several years ago to keep the city informed and to relay the city's views and request for various testing results.

Fire Chief Bergman reminded the council that there have been some brush fires because everything is still dry.

6. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the April 23, 2001 City of Union council meeting was adjourned.

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

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May 14, 2001

Mayor Packard called the May 14, 2001, City of Union council meeting to order on Monday evening at 7:30.

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

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

Mayor Packard said Mrs. Terry had called and was absent because she had an illness in the family. Mayor Packard moved that her absence be excused. Mr. Beyer seconded the motion. All concurred and her absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections on the council minutes from April 23, 2001. There were none so Mr. Beyer moved that the minutes be accepted as prepared. Mr. Bruns 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.
There were no comments.

3. Mr. Foster from the Regional Transit Authority (RTA) was present to make a presentation.

Mayor Packard welcomed Mr. Foster from the RTA. Jim Foster also introduced Bob Troutwine from the RTA. Mr. Foster said RTA tries to visit cities each year to let them know what is going on with the RTA.

Mr. Foster showed slides and went over some statistics of the RTA, telling how many busses they operated, that they were open 365 days a year, forty routes, some of which operate twenty-four hours a day, and two hundred eighty-five busses of different sizes. They also have a down town circulator street car, the Wright Flyer, also available for charter.
They have a project mobility program to help disabled people and their fleet has wheel chair lifts installed.
Ninety-four percent of citizens in Montgomery County live within one half mile of RTA service.
Mr. Foster also gave statistics on the type and numbers of people that use the RTA bus service.
RTA also has a community grant program and he spoke briefly about that.
Enhancements for Union would be adding service to the Meijer store, and coordinated locations for State Route 48. They review routes and stops periodically and are open to suggestions.
Mr. Troutwine passed out information from the RTA to the councilmembers and invited them to contact him if they had any questions.
Mr. Beyer said he knew people that used the project mobility program and thought it was appreciated.
When asked if they would be having service out of the county, Mr. Foster said they were looking at running a service from Wright State to the Fairfield Mall.

4. THIRD READING - ORDINANCE 1219 - 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 third reading and adopt Ordinance 1219. Mr. Beyer seconded the motion. All concurred and ordinance 1219 was adopted.

5. FIRST READING - ORDINANCE 1225 - AN ORDINANCE AUTHORIZING THE PROMULGATION OF BUSINESS REGULATIONS IN THE CITY OF UNION TO REQUIRE THE LICENSING AND REGULATION OF SEXUALLY ORIENTED BUSINESSES, THEIR EMPLOYEES AND INDEPENDENT CONTRACTORS; DISPERSING SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR ADDITIONAL MISCELLANEOUS REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES. (three readings)

Mr. Bruns moved that they withdraw item 5, Ordinance 1225 from the agenda and that the agenda be amended to reflect that. Mayor Packard seconded the motion. All concurred and the motion was passed.
Mr. Applegate said that they had discovered some typographical errors in the ordinance and wanted to get those corrected.

6. ONE READING - RESOLUTION 01-08 - A RESOLUTION DECLARING THE NECESSITY OF A REPLACEMENT STREET LEVY IN EXCESS OF THE TEN-MILL LIMITATION AND REQUESTING THE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY OF UNION AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY A SPECIFIED NUMBER OF MILLS.

The street levy failed so the council needs to decide if they want to have a special election or put this on the agenda. Also, should they have a renewal or a replacement levy in the November election.

Mr. Bruns said in both resolutions, it is stated August 7 as the date for the special election. Mr. Beyer said if it would not pass in August, they could still put this on in November.

Mr. Bruns said they had tried a replacement levy. He suggested a renewal which would give them less money but he thought they could get the levy passed more quickly.
Mr. O'Callaghan disagreed, saying he felt they should have a replacement levy.
Mr. Applegate said information passed out in the community did not help passing the levy. Mr. Applegate said they would put together information on what would happen if the levy did not pass. For instance, they would stop leaf pick up, street sweeping, would only be able to plow the main streets in winter, etc. There would only be about sixty thousand dollars left and that would not even cover payroll.
Mr. Bruns said the last two street levies were replacement levies and they failed. Mr. Applegate said they have never have had a renewal street levy fail. The last two replacement levies have failed. Mr. Bruns said he understood what Mr. O'Callaghan was saying but he wanted to see something passed by the populace.
Mr. Beyer said it should be a replacement. He said Mr. Hansel, in his hand out, had mentioned that gas prices have gone up. The levy was last passed in 1995 and the city has also had to pay increased gas and electric price increases over the last five years. Mr. Beyer said Mr. Hansel makes the city's point that they need a replacement levy.
Mr. Applegate said in regard to some of Mr. Hansel's comments about annexations, new residents pay their share of taxes.
Mr. Beyer said the majority of the city existed because of annexations.
Mayor Packard said working on the budget was very difficult since the city had no income tax.
Mr. Beyer suggested that the city put out information to the public on the city's expenses for salt, snow plows, etc.

Mr. Beyer moved to have the one and only reading and adopt Resolution 01-08. Mr. Bruns seconded the motion. Mr. Bruns voted against the motion, the other councilmembers voted for the motion and Resolution 01-08 was adopted.

7. ONE READING - RESOLUTION 01-09 - A RESOLUTION DECLARING THE NECESSITY OF A STREET LEVY RENEWAL IN EXCESS OF THE TEN-MILL LIMITATION AND REQUESTING THE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY OF UNION AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY A SPECIFIED NUMBER OF MILLS.

Mr. Beyer moved to withdraw Resolution 01-09. Mrs. Shields seconded the motion. All concurred and Resolution 01-09 was withdrawn.

8. Open Agenda

Mayor Packard said he was disappointed that such a small minority of people had such a big effect on the city.

Mr. Beyer asked what the difference was between withdrawing or tabling an ordinance. Mr. Moore said withdrawing an ordinance would be like it was never on the agenda. If an ordinance was tabled, it was considered but is moved to another time or indefinite period.
Mr. Bruns said he thought if it was tabled, the wording would be the same and the errors could not be corrected.

Mr. Beyer wanted to talk about Mr. Hansel's flyer that was distributed. He said everyone is entitled to his opinion but he said people should speak factually. Mr. Beyer said Mr. Hansel said the city is the third highest city with property taxes but he failed to mention that all the property taxes are generated by vote from the city residents, so the citizens have taxed themselves voluntarily and that more than half goes to the school district. Mr. Beyer said that Mr. Hansel made an illogical point when he referenced the Fairborn survey which listed Union as one of the most cost effective municipal governments in the area but then says people pay city income tax where they work so that somehow makes us not a cost effective government. Mr. Beyer commented that the city income tax that they pay doesn't go to the City of Union, it goes somewhere else. So it doesn't affect our revenues one way or the other so it completely negates his point. Mr. Beyer said he should have included the ramifications of what would happen if the levy failed. Mr. Beyer was also concerned that so few people voted. Only seventy votes decided the issue.
Mr. Beyer said that in the flyer, Mr. Hansel talks about how the city is sort of in the pockets of developers and wealthy landowners. Mr. Beyer said "we don't get anything out of this personally." Mr. Beyer said that one developer, Mr. Sam Knobler, put in a left turn lane at North Main and Concord Farm Road. That was not put in by the city but by Mr. Knobler to help the entrance way to his new development. Mr. Beyer says it also creates a safer intersection so he appreciated what was done by Mr. Knobler. He said, "Probably people driving by there probably think that was done by the city using street levy money and it wasn't - it was put in by Mr. Knobler at his expense."
Mr. Beyer said that Mr. Hansel actually misstates a few things and that one of the things he misstates is the fact that the Route 48 project was supposed to take about a year to complete. He said Mr. Hansel was correct in saying the State Route 48 project was originally done or planned to go to Phillipsburg-Union Road but the cost came in too high. He said when you put out a request for proposals, you take your chances on the costs that come back to you and you do what you can but they still have plans to take Route 48 up to Phillipsburg-Union Road. Mr. Applegate said it had been approved for 2004.

He also commented that the State Route 48 project was always supposed to take more than one year to complete. It was a major project and also involved putting in utility lines, water lines, moving trees, etc.

Mrs. Shields said she was concerned on how to get people out to vote. She also said Route 48 was coming along very nicely.

Mr. O'Callaghan said he was disappointed on the street levy and that only a small number of people made the decision for the community.
Mr. O'Callaghan said he had read about arsenic levels in water in other communities and asked if the Union tested for that. Mr. Applegate said they do test for that but there is no arsenic levels in their water and that mostly occurs in private wells.

Mr. Hissong asked about bad language being used at the Martindale Road park. Mr. Applegate said he had not heard there was a problem, but if there is one, they will do what they have done before and take the basketball hoops down.
Mr. Hissong also asked if people could put private gardens in the community park. Mr. Hissong said there is a garden behind the school.
Mr. Applegate said they would be taking action. Mr. Hissong said Mr. Hansel cut some trees down that were planted back there.

Mr. Bruns moved that the next meeting be moved from Monday, May 28 to Tuesday, May 29. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns said he voted no on Resolution 01-08 because he felt it was better to go for a renewal instead of a replacement levy. He was not against the street levy and now that this motion for a replacement levy was passed, he would support that.

Mayor Packard expressed sympathy and best wishes to the Terry family because of the recent illness in the family.

Mr. Applegate said the council had received a copy of what was picked up in the city last year for trash. There was 2,602.18 tons of waste and 380.78 tons of recycling.

Mr. Applegate also said contained in their packets was an invitation for elected officials meeting to be held at Pollen Farms.
Also, an open house will be held at Concord Meadows on Tuesday and the council is invited.

Mr. Applegate said Sweet Potato Ridge Road will be closed on Monday and opened back up the first week in June. Montgomery County is paving Sweet Potato Ridge Road to Laurelgrove Drive.
State Route 48 should be paved by Tuesday, and there will be some additional landscaping done and some driveways will be finished. Mr. Applegate said State Route 48 looked really good and he was anxious to see it finished.

Mr. Moore said he wanted to point out that sometimes allegations are made that the city has to spend money on. Some of the expenses are there because people are forcing the issue and the city has to enforce the ordinances.

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

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

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May 23, 2001

Mayor Packard called to order a special council meeting held at 6:00 p.m. on May 23, 2001. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer.

Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mark Henry, Legal Counsel, and Dan Gessner, Police Chief.

Mayor Packard said that Mr. Bruns was out of town on business. Mayor Packard moved to excuse his absence from the meeting. Mr. Beyer seconded the motion. All concurred and his absence was excused.

Mayor Packard called for a moment of silence.

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

Glenn Marsh from Sweet Potato Ridge Road strongly encouraged that the council and city staff impart complete and full information to the electorate this time so they can get the street levy passed. Mr. Marsh said he felt that it was atrocious that 541 people voted last time on an issue that would affect over 5,000 people. He said he hoped they could convey how important it is that the streets be maintained and improved in the same pattern that they have been the last several years.

2. ONE READING - ORDINANCE 1226 - AN ORDINANCE PROPOSING A REPLACEMENT LEVY FOR THE PURPOSE OF THE STREET LEVY FUND AND CERTIFYING THE QUESTION TO BE PLACED ON THE BALLOT TO THE MONTGOMERY COUNTY BOARD OF ELECTIONS. (waive three readings)

Mr. Beyer asked if this Ordinance would need to be read as an emergency or if waiving the three readings would be sufficient for the Board of Elections. Mr. Applegate said that this is what they have done in the past.
Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1226. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.
Mr. Beyer moved to have the one and only reading and adopt Ordinance 1226. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1226 was adopted.

3. ONE READING - RESOLUTION 01-10 - A RESOLUTION
SUPPORTING A PROPOSED STREET REPLACEMENT LEVY FOR THE CITY OF UNION (ISSUE # 1).
Mr. Applegate said this resolution refers to Ordinance 1226 and staff recommends this resolution be adopted by the council.

Mr. O'Callaghan moved to have the one and only reading and adopt Resolution 01-10. Mr. Beyer seconded the motion. All concurred and Resolution 01-10 was adopted.

4. Open Agenda

Several councilmembers commented on the status of Main Street, saying it looked beautiful.
Mrs. Terry addressed Mr. Nunnari from the Englewood Independent, saying that she was supporting the street levy one hundred percent and hoped that all her constituents would go out and vote. She said she and the council agreed that it was necessary to pass the street levy.
Mayor Packard said the other members of the council would agree with her statements of support for the street levy and that people should go out and vote.

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

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

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May 29, 2001

Mayor Robert Packard called the May 29, 2001 meeting to order at 7:30 p.m. on Tuesday. The meeting was delayed one day due to the Memorial Day holiday on Monday, May 28.

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

Mayor Packard moved to excuse Mrs. Terry's absence. He said Mrs. Terry had called to say there was a serious illness in the family and she was not able to attend the meeting. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions on the minutes from the May 14, 2001 council meeting. There were no comments so Mayor Packard moved that the minutes of the May 14, 2001 council meeting be approved. Mr. Bruns seconded the motion. All concurred and the motion was passed.

2. Mayor Packard asked if there were any corrections or additions to the minutes from the May 23, 2001, special council meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. Mr. Bruns abstained, the other councilmembers voted for the motion and the motion was passed. The minutes of May 23, 2001 were accepted as prepared.

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

4. Open Agenda

Mayor Packard said he was proud to see all of the flags up in town for Memorial Day.

Mr. O'Callaghan agreed and said the city also looked clean and looked nice. He added that they were still trying to choose the next recipient of the Spirit of Union award and it was difficult because all of the homes looked so good.

Mr. Hissong asked about some lights not working on Main Street. Mr. Applegate said they were working on that today. He said the contractor had to dig up a conduit that was crushed and needed to be repaired but once they were done with the wiring, DP & L would be contacted to hook them up.
Mr. Hissong then asked about the trees that had died. Mr. Applegate said they had ordered new trees and the dead ones would be replaced.
Mr. Hissong also asked about the property next to the city building mentioning there were a lot of cars parked there over the weekend. Mr. Applegate said the city would do something about that.
Mr. Hissong asked what would be done about a garden located on city property. Mr. Moore said something would be delivered this week to give the person the opportunity to remove the garden or be informed of the consequences that would occur if he did not remove the garden.

Mr. Bruns reminded everyone that there was a special election coming up on June 5, and Mr. Bruns urged more people to get out and read what the charter amendments actually say and understand what they would do to the city. He said if people would read these amendments, there is no way that the charter amendments should pass.

Mayor Packard said Martha Hardcastle would not be reporting on the City of Union for the Dayton Daily News. Her husband was just sworn in as a part time police officer so she would not continue covering the council meetings due to a possible conflict of interest.
Mr. Applegate said the council packets contained information originally provided to the council in 1998 concerning fence regulations. Mr. Applegate said that the planning commission had discussed this again and asked the topic to be brought forward to the council to set a public hearing date to amend the regulations. A copy of the ordinance was attached specifying excluding chain link and farm fence in front yards, and that the finished side of exterior fences would be to the outside.

Mr. Bruns said since they had a public hearing once before and took no action, why should they do it again. He asked if the planning commission could give any more information to the council about why they should look at this again.

Mr. Marsh said he was the one that proposed that it be brought before the council due to the large number of fences that were going up. He said his personal opinion was that this was the first impression that a city makes and the back side of a wood fence showing out to the neighbor or to the public is very obtrusive, and a chain link fence is not an appropriate type of fencing to be used in front yards. He said they have had some problems with wire fencing but there is nothing to prohibit that in the future.
Mr. Applegate said they do allow fences in the front yard, up to four feet. He said it was up to the council on what they want to do. Mr. Applegate said he was in agreement with Mr. Marsh that they were trying to enhance the standards in the city. All the existing fences would be exempt. Mr. Applegate said they were talking about perimeter fencing, by the property lines, not interior fencing.
Mr. Beyer moved that they set the public hearing for the second meeting in July, for July 23. Mr. Bruns seconded the motion. He said he was interested in seeing if there was enough interest from the citizens to go forward. Mr. Hissong voted against the motion, the other councilmembers voted for the motion and the motion passed.

Mr. Applegate said there were some items concerning the MVRPC meeting and the last Mayor and Manager's meeting. He said if anyone was interested in attending, to let him know.
There was information included in their council packets about Stoney Farms development that the planning commission had requested. In response to the Mayor's question, Mr. Applegate said the people that have looked at the plans think the development looks very nice. Mr. Applegate said they do have an initiative concerning this on the ballot in November.

Chief Gessner said that things were going well and he would encourage people to slow down since school children would be getting out soon.
They have added Chris Guthrie to the bicycle patrol and he will be going to the Dayton Academy when an opening is available.

Fire Chief Bergman said he received a few questions about the EMS billing. He said he had not received any complaints or concerns about the charges. Mayor Packard said other communities are considering the same thing or are already billing insurance companies for ambulance services.
5. 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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June 11, 2001

Mayor Packard called the City of Union council meeting to order on Monday evening, June 11, 2001 at 7:30 p.m.

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

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the May 29, 2001 council meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Beyer seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the minutes of the May 29, 2001 meeting were approved.

2. Mayor Packard asked for Christopher Snider to come forward. Mr. Snider was then sworn in as a part time firefighter/paramedic for the City of Union.
Fire Chief Bud Bergman said Mr. Snider was a fully trained firefighter/paramedic coming from Trotwood and has a lot of experience.

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

4. ONE READING - ORDINANCE 1225 - AN ORDINANCE AUTHORIZING THE PROMULGATION OF BUSINESS REGULATIONS IN THE CITY OF UNION TO REQUIRE THE LICENSING AND REGULATION OF SEXUALLY ORIENTED BUSINESSES, THEIR EMPLOYEES AND INDEPENDENT CONTRACTORS; DISPERSING SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR ADDITIONAL MISCELLANEOUS REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES. (waive three readings)

Mrs. Winemiller said this was an attempt by the city council to protect the health, safety, and welfare of the community. The council wants to adopt provisions within the city's business regulations that will regulate the operation and location of sexually oriented businesses. There are currently no businesses like that now nor is there anyone that has expressed an interest in opening a business in Union. By law, the city can not prohibit that type of business from locating in town but they can provide laws that would restrict where such a business could locate and regulate it's operation.
Mr. Beyer said they were waiving three readings because they wanted the ordinance to be in effect as soon as possible.
Mrs. Winemiller asked if they had any questions about the document. Mr. Bruns asked if there was any advice from the law director, concerning page 3, about decisions of the United States Supreme Court.
Mr. Moore said he and Mr. Applegate had attended a seminar offered by Ohio Government Risk Management regarding certain types of legislation that could be put in place concerning sexually oriented businesses. Mr. Moore added that when dealing with these matters, there are issues that come up concerning the first amendment and freedom of speech. The individual cases already tested before the court system are listed in the first "whereas" clause in the proposed document. The proposed ordinance is based on the rules that have been established by the supreme court listed in those various cases. Mr. Bruns asked if everything within the ordinance met the supreme court rulings and guidelines. Mr. Moore said the kind of rules in the ordinance were guidelines for regulations that were allowed for the council to put into place.
Mayor Packard thanked Mr. Moore and the staff for getting these regulations established now so they were prepared by having some guidelines established. Mr. Moore said this ordinance was similar to the one that was already being used by another city in Montgomery County. Mr. Moore said timing was very important on first amendment matters and laws can not be passed after a request has been made, so it was important to have regulations already in place.

Mr. Bruns moved to suspend the charter requirement of three separates readings on three separate days in regard to Ordinance 1225. 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 1225. Mr. Beyer seconded the motion. All concurred and Ordinance 1225 was adopted.

5. ONE READING - RESOLUTION 01-11 - A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT AGREEMENT WITH THE MONTGOMERY COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE AN ED/GE GRANT FOR THE BENEFIT OF THE CITY OF UNION IN ORDER TO COMPLETE A COMPREHENSIVE LAND USE PLAN.

Mrs. Winemiller said this resolution would allow the city manager to enter into an agreement with the Montgomery County Board of County Commissioners for an ED/GE grant that the city submitted for back in April of this year. The city has been in the ED/GE program since 1995. In 1996, they received a grant for 63,000 dollars to extend Quinter Farm Road. Union has contributed approximately 20,000 dollars to the program and are now receiving a 50,000 dollar grant. This would be for a comprehensive land use plan update. The first land use plan was adopted in 1973. The city needs to establish guide lines for industrial and business uses in land annexed from Butler Township.

Mr. Bruns moved to have the one and only reading and adopt Resolution 01-11. Mr. Beyer seconded the motion. All concurred and Resolution 01-11 was adopted.

6. Open agenda

Mayor Packard said he appreciated the citizens backing the city at the special election for the charter amendments. He commented that residents saw the importance of what was happening, listened to what the council had to say, and put aside all the negative information that was being distributed. Mayor Packard thanked the public and the city staff for their support.

Mr. O'Callaghan said they would like to select the Spirit of Union award recipient within the next few days.

Mrs. Terry said she was happy about the results of the last election and was looking forward to the next election. She said she was backing the street levy and hoped that people would give it serious consideration and that the City of Union would be successful in getting the street levy passed.

Mr. Bruns said he shared Mrs. Terry's sentiments.

Mayor Packard said Mr. Applegate had an illness in the family and was out of town.

Mrs. Winemiller said she was sure Mr. Applegate would want her to pass along that he was pleased with how the election results came out and was grateful for the community's support.

Mrs. Winemiller said she only had two items to bring up. She said the Consumer Confidence Report on the city's water system was completed and mailed.
She thanked the City of Englewood for having their government surplus auction and said the city sold an old dump truck. It was a 1981 and the city was able to sell it for two thousand dollars.

Mr. Moore had provided the council with a copy a letter that had been mailed to a city resident.

Fire Chief Bergman said they had sent a fire truck out to Phillipsburg, Verona and eventually Pittsburg to help out the other villages with a chemical spill.

7. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the June 11, 2001 council meeting was adjourned.

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

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June 25, 2001

Mayor Packard called the June 25, 2001 council meeting to order at 7:30 on Monday evening. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer.
Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief. Mrs. Terry was absent and had not called the city office.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any comments or corrections on the minutes from the June 11, 2001 council meeting. There were none so Mr. Beyer moved that the minutes be approved. Mrs. Shields seconded the motion. All concurred 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. There were no comments from the audience.

3. Open Agenda

Mayor Packard mentioned that the city had received a letter from the Ohio E.P.A. thanking the city for their assistance in helping West Milton during their recent water problem from a chemical spill that occurred in Pittburg, Ohio. Mayor Packard thanked the staff for helping out.

Mayor Packard commented about the recent Englewood Independent article on Ken Quinter of Te-co in Union. Mayor Packard congratulated him for his recent entrepreneur award.

Mr. Beyer asked about a cross cut in the road at Woburn Farm before you turn on Concord Farm. Mr. Applegate said it is Dayton Power and Light's responsibility and that they should be contacted to resurface the trench area.

Mrs. Shields asked if anyone knew when Sweet Potato Ridge would be open. Mr. Applegate said they hoped it would be by the end of the week. The road still needed to be striped and a section of storm sewer needed to be installed. They would also need to put in a catch basin.
Mayor Packard asked if they would be getting a traffic light at that intersection. Mr. Applegate said if the traffic count gets up there, they would. One side is the Englewood corporation line and the other side is Clayton. If they wanted a light, they would eventually apply for funding. Mr. Applegate said the city would be for a traffic light in that location since many of their residents use that route.
Mr. O'Callaghan announced that they had a Spirit of Union award winner. It is the Aran family that live on 106 Deubner Drive. Mr. O'Callaghan said it was very nicely landscaped and he invited people to drive by and see the property.

Mr. O'Callaghan said there was an article in the Dayton Daily News about the defeat of the charter amendments. He said he had an objection to part of the article, and read a quote in the article from Mr. Charles Arnett: "The (city council) admitted and stated so publicly that they used water as a way of extorting people to annexing." Mr. O'Callaghan said he objected to the word "extorting" and that it has a negative connotation. He wanted to state for the record that he did not appreciate the use of those words.

Mr. Bruns asked if Mrs. Terry had called. Mrs. Winemiller said she had not received a call. Mayor Packard said Mrs. Terry had not asked to be excused from the council meeting.

Mr. Applegate said the council had received a memorandum in their packet concerning how they establish square footage for new homes. This was discussed at the planning commission and they had recommended to the council that they set a public hearing to eliminate areas that include roofed terraces and roofed porches from the square footage requirements for residential buildings. Mr. Applegate suggested August 13.
Mr. Beyer moved that a public hearing to amend the square footage requirements be set for August 13. Mrs. Shields seconded the motion. All concurred and the motion was passed.

Mr. Applegate said they hoped that State Route 48 would be finished in the next two weeks. They were completing paving on Sweet Potato Ridge Road and in the alley. It is very close to being finished.

Mr. Moore said he wanted to comment about a letter he had written to a resident. Mr. Moore said the person had responded to Mr. Applegate and the resident's attorney had responded to Mr. Moore. Mr. Moore stated that he had written back on June 21, indicating that if they wanted to resolve the matter, they would have to resolve it by the city terms. He had not received any reply from the attorney. If they do not get a response, they will proceed to the next step.

Mayor Packard asked Chief Gessner if there were any speeders in Union in the Concord Farm area from the workers that are building the new homes. Chief Gessner said they hadn't had any complaints come into the office. Mr. O'Callaghan said he walks in that area frequently and the only speeders he sees are the kids and the adults that live there.
Mr. Applegate said had received their first check from EMS billing and he would let Chief Bergman talk about that.

Fire Chief Bergman said the Union Fire Department had been awarded first place at the fire convention in Arcanum with the fire engine.

He said as Mr. Applegate had mentioned, they had received their first Medicare payment, reimbursing the city for ambulance calls.

The City of Union fire department also just received notification of an Ohio EMS grant for $4,400 to buy EMS medic equipment.

4. Mayor Packard moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the council meeting was adjourned.

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

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