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Mayor Packard called the April 8, 2002 City of Union council meeting to order at 7:30 p.m. at the Mill Ridge Community Building center. Attendance was taken and the following councilmembers were present at the meeting: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director. Mayor Packard said he had received a call from Mrs. Terry that there was an illness in her family and she was unable to attend the meeting. He moved to excuse Mrs. Terry from attending the meeting. Mr. O'Callaghan seconded the motion. All concurred and her absence was excused. Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any additions or corrections from the minutes of the March 25, 2002 council meeting. There were no comments so Mayor Packard moved that the council minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the council minutes were accepted. 2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. There were none. Mayor Packard
said if anyone wished to speak during the public hearing, they
should fill out a form. He wanted to make sure that everyone
that needed to speak had received one. Mayor Packard opened the public hearing and invited anyone interested to speak. Since no one indicated that they wished to speak, he did not swear in any members of the audience. Mr. Applegate
explained that there was a request to change the zoning from
Commercial (C-1) to Residential - 3 (R-3). Documentation had
been provided to the council. This matter had gone before the
planning commission who forwarded it to council. All requirements
per the Ohio Revised Code have been complied with. Mayor Packard asked if there were any more comments. There were none so Mayor Packard then closed the public hearing. 4. FIRST READING - ORDINANCE 1253 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. (three readings) Mr. Applegate said this was the first reading concerning the matter that was just discussed for the public hearing, the rezoning of the property at 104 North Montgomery from C-1 to R-3. Mayor Packard
moved to have the first reading of Ordinance 1253. Mr. Beyer
seconded the motion. All concurred and the motion was passed
and Ordinance 1253 was passed to the second reading. Mr. Applegate
said at the request of the law director, he asked that this matter
be tabled until the next meeting. 6. Open Agenda Mayor Packard commented that the reconstruction of city hall was moving along. He asked Mr. Applegate asked how the contractors were doing. Mr. Applegate said they were behind schedule but they were getting ready to lay carpet for next week. Mr. Beyer said
he passed out an amendment to the language that was in resolution
02-02. He added a thirty minute per subject time limit and asked
that this be included in the new proposed resolution. Mr. Beyer
said he had seen it used during another council meeting. He thought
that things would move more efficiently if there was only thirty
minutes allowed per topic. Mayor Packard asked that he be able
to extend the time allowed if necessary. Mr. Beyer suggested
another set time period, like fifteen minutes. Mr. Beyer stated
that this was just for the citizens and visitors comments portion
of the meeting - it would not apply to public hearings. Mr. O'Callaghan said he was on a committee for the Northmont schools and invited people to attend a public meeting on rebuilding and renovating schools. It will be held April 18, Thursday at 7:00 p.m. at the Northmont High School. Mr. Hissong offered to provide the council information concerning that. 7. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the council meeting was adjourned. Respectfully
submitted,
The April 22, 2002 City of Union council meeting was called to order by Mayor Packard. The meeting was held on Monday, 7:30 p.m. at the Mill Ridge Village Center. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director. Mayor Packard welcomed everyone to the meeting and called for a moment of silence. 1. Mayor Packard
asked if there were any additions or corrections on the minutes
from the April 8, 2002 council meeting. There were none so Mr.
O'Callaghan moved that the minutes of the last meeting be approved.
Mr. Bruns seconded the motion. Mrs. Terry abstained, the other
councilmembers voted to approve the minutes and the April 8,
2002 council minutes were accepted as prepared. Mr. Applegate said he had known Mr. Maxwell for a long time and he said he had served the community for twenty-one years, "above and beyond the call". He added that Mr. Maxwell will be sorely missed but he hoped he would enjoy his retirement. He said he was glad he was staying in the community. Mr. Maxwell
was thanked by all the councilmembers and Mrs. Winemiller stated
that the people in the office would miss working with him. Mr. Maxwell
said he had lived in town for almost forty-one years. He was
elected and had served on the Charter Commission. He said it
had been a good experience, that he would miss everybody, but
he would be staying in town. 4. SECOND READING - ORDINANCE 1253 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. (three readings) Mr. Bruns moved to have the second reading of Ordinance 1253. Mr. Beyer seconded the motion. All concurred and the motion was passed to the third reading. 5. ONE READING - ORDINANCE 1254 - AN ORDINANCE AMENDING THE RULES OF COUNCIL. (waive three readings) Mr. Applegate said this would amend the rules of the council and he asked that Joe Moore, the Law Director, explain this ordinance. Mr. Moore said this ordinance involves several different concepts. The first one is the citizens and visitors portion of the meeting, the public's comments would be limited to five minutes, per person, and the chair could, according to his discretion, extend it for three more minutes. The discussion on any one subject would be limited to thirty minutes. The second concept would be concerning public hearings. If a decision would need to go to court, the people speaking would be under oath so if their comments would be used, the comments would be considered as sworn testimony. The same limit for speaking would also apply except for the thirty minute limit on one subject. In answer to a question from Mrs. Terry, this swearing in procedure has been used before by the city during public hearings. Mr. Beyer said visitors at the meeting during the public hearing in January, 2001 were sworn in. Mr. Bruns asked if other communities were doing these things, limiting speaking and having people sworn in for public hearings. Mr. Moore said each council could determine the limit of discussion, and that having the people be under oath for public hearings was being done by other communities. This would be done for any person wishing to testify, or comment on the public hearings proceedings. The councilmembers would not necessarily be sworn in because the council is listening to the testimony or comments of what people are saying.
Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1254. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Bruns moved to have the one and only reading of Ordinance 1254. Mr. Beyer seconded the motion. All concurred and Ordinance 1254 was passed. 6. ONE READING - RESOLUTION 02-02 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES TO DESIGN THE MAIN STREET (SR48) TRAFFIC SIGNAL INTERCONNECT SYSTEM. This resolution authorizes the city manager to enter into a contract for the city's portion of the cost for the engineering services for the traffic signal interconnect system. Mr. Bruns commented
that at the last meeting, there was a Resolution 02-02 that was
tabled so he asked if there would be a problem. There was no
response to Resolution 02-02 so Mr. Moore said there would be
no difficulty in this resolution with the number 02-02. 7. ONE READING - RESOLUTION 02-03 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL CONSULTING SERVICES TO COMPLETE A COMPREHENSIVE LAND USE PLAN FOR THE CITY OF UNION. Mr. Applegate said they had received grant money for this and had received three proposals through the request for proposals process. After review, they have chosen the best firm for the City of Union. Mr. Applegate said the staff recommends that the council approve this. The process will take ten to eleven months to upgrade the land use plan and add on the additional land that has been annexed into the city. Mr. Bruns moved to have the one and only reading of Resolution 02-03. Mr. Beyer seconded the motion. All concurred and Resolution 02-03 was passed. 8. Open Agenda Mr. Beyer asked who did the cross cut on State 48 near Charles Place and said it still needed to be filled in. Mr. Applegate said that was done by Miller Pipeline for Vectren. Mr. O'Callaghan asked about the denial of the annexation in Miami County. Mr. Applegate said he would discuss that in his portion of the agenda. Mr. Applegate
said two public hearings need to be established for rezoning
applications. Mr. Applegate said things were moving along well at City Hall. Mr. Applegate said city hall will need to be closed for two days so staff and equipment can be moved to the other side. There would not be much advance notice from the contractors on when this will occur. The city will be staking the right of way for the State Route 48 project. The sewer line will be installed first, then the water line, then the curbs and storm water facilities. Mr. Moore said
that an ordinance was on the agenda for amending the rules of
council. He explained the council generally acts by ordinances,
resolutions or motions. The charter, in section 2.06, Procedures,
allows the city to make rules on how they operate the meeting
and they amended the rules at this meeting. Mayor Packard
moved that the council meeting be reconvened. Mr. Beyer seconded
the motion. All concurred and the council meeting was reconvened.
Mr. Beyer said that there has been discussion on the Garland Road landfill and the annexation includes this area. Just for the record, Mr. Beyer said the corporation that dumped the material would be responsible for the clean up cost of the land fill, not the City of Union. Mr. Beyer moved that the council authorize the law director to appeal the decision of the Miami County Commissioners regarding the Waterwheel Farm annexation. Mayor Packard seconded the motion. All concurred and the motion was passed. 10. Mr. O'Callaghan moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the meeting was adjourned.
The City of
Union held their meeting on May 13, 2002, Monday evening, at
the Mill Ridge Village Community Center. Mayor Packard called for a moment of silence. Mayor Packard asked for another moment of silence for Bob Skinner, a long time city employee who had recently died. 1. Mayor Packard asked if there were any corrections or additions on the minutes from the April 22, 2002 meeting. Mr. Bruns noted that the date was incorrect at the top of the minutes. Mayor Packard moved that the minutes be approved with the date corrected. Mr. Beyer seconded the motion. All concurred and the minutes were approved. 2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. There were no comments. 3. THIRD READING - ORDINANCE 1253 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. (three readings) Mr. Beyer moved that they have the third reading and adopt Ordinance 1253. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1253 was adopted. 4. FIRST READING - ORDINANCE 1257 - AN ORDINANCE AMENDING SECTION 921.16 OF THE UNION CODE RELATING TO PAYMENT OF UTILITY BILLS. (three readings) Mr. Applegate said this would increase the cost for resumption of water service, and fees for return checks which would help in covering the city's costs. The last change in this ordinance was in May, 1986. Mr. Applegate said the staff recommends the approval of this amendment. Mayor Packard
moved to have the first reading of Ordinance 1257. Mr. Hissong
seconded the motion. All concurred and Ordinance 1257 was passed
to the second reading. Mr. Applegate said this resolution establishes a voluntary retirement incentive plan for one year. It has to do with five percent of the service department employees. This would need to be done so the city can buy one year for retiring employee Bill Maxwell. The plan would be in effect for twelve months. The amount would be approximately $9,000 and it is included in the budget. Mr. Beyer moved to have the one and only reading of Resolution 02-04. Mr. Hissong seconded the motion. All concurred and resolution 02-04 was passed. 6. Open Agenda Mayor Packard mentioned that there were some abandoned homes within the city with high grass. Mr. Applegate said quite a few have been cited. He said he would encourage people not to wait until the grass is so high before calling because the city has a process that they need to go through. Once a notice has been sent and there has been no response, then the city can start mowing the property. Mayor Packard asked that the fire departments from Clayton, Englewood, and Union, be thanked for the program and the funeral procession for Bob Skinner. He said they gave a terrific and well deserved send off for Mr. Skinner. Mr. O'Callaghan
thanked the NABL for replacing the sign at the community park.
He said it looked very nice. Mr. O'Callaghan suggested that they invite a member from the school board to come to the council meeting to present what their plans are for a bond issue for the school. Mr. Hissong said a lot of people would miss Mr. Skinner. He said he had touched everybody's heart. Mrs. Terry
also spoke highly of Mr. Skinner. Several of the councilmembers welcomed back Ron Nunneri from the Englewood Independent who was attending the meeting. Mr. Applegate said the staff had moved back to the newly remodeled area of the city building. He thought the police would be back in the building in three weeks. The old council chamber is being redone and things are moving quickly. He invited the councilmembers to stop by and see the progress. Mr. Applegate stated that the State Route 48 project has been started by Holland Excavating. 7. Mayor Packard moved to have an executive session. He asked for the council, Mr. Applegate, Mrs. Winemiller, and Mr. Moore to join them. Mr. O'Callaghan seconded the motion. All concurred and the councilmembers went into an executive session. After the executive session, Mr. Beyer moved to reconvene the meeting. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was reconvened. Mr. Beyer moved to authorize the city law director and city manager to appeal the recent Miami County Commission decision which rejected the 37 + acres, referred to as the Frederick annexation. Mr. O'Callaghan seconded the motion. All concurred and the motion passed. 8. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the meeting was adjourned.
Attendance was taken and the following councilmembers were present: Mayor Packard, Mr. Beyer, Mrs. Goudy, 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, and Bud Bergman, Fire Chief. Mayor Packard moved that Mr. Bruns be excused since he was out of town on vacation. Mr. O'Callaghan seconded the motion. All concurred and Mr. Bruns was excused from the council meeting. Mrs. Terry's absence was not excused. Mayor Packard said they had passed out forms for people that wished to speak at the council meeting. He asked if there was anyone that wanted to speak at the meeting that did not have a form. He asked that all forms be turned in to Mrs. Winemiller, the Clerk of Council. Mayor Packard called for a moment of silence. Mayor Packard asked Fire Chief Bud Bergman to step forward. Chief Bergman wanted to congratulate a City of Union youth, Brittany Weekly, who had gone out of her way to help her neighbor. Thanks to her quick action, the fire was put out quickly. Chief Bergman presented her with a Fire Safety Certificate of Appreciation. Mayor Packard also thanked her for what she had done. 1. Mayor Packard asked if there were any additions or corrections to the minutes from the May 13, 2002 council meeting. There were none so Mr. Beyer moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. All concurred and the council minutes were accepted. 2. Public hearing on proposed zoning change for 215 West Martindale Road from Commercial -1, (C-1) to Residential -3 (R-3). Mayor Packard opened the public hearing. Anyone wishing to speak would need to have the oath administered. Mayor Packard administered the oath to the citizens.
A resident that just arrived wished to speak during the public hearing was sworn in by Mayor Packard. Mr. Applegate
referred to a map with four lots indicated. The plans are for
building a house on lot 1. Mrs. Julie Johnson, from 217 West Martindale, read a statement to the council concerning zoning regulations. (A copy of the statement will be attached to the council minutes.) She quoted sections from the zoning code and asked that the council deny the zoning change as it does not meet the prerequisite of the planning code which was creating a new zoning district. Mr. Applegate said to create a new zoning district you would have to meet certain minimum requirements but they were not creating a new zoning district. This property was next to an already existing R-3 zoning district. Mrs. Sharon Applegate said that Helen Oberer's property would be more affected than Mrs. Johnson's. She added that Mrs. Oberer's property was more open and Mrs. Johnson's property was overgrown and you could not see from the back yard to the front yard. Mrs. Oberer said she had no objections to the zoning change and she owned the property that would be most affected. She said she may consider building another home on their lot in the future and it was already zoned residential. Mayor Packard asked about properties on other sides of the lots. Both the east and west of the two lots are zoned commercial. Mrs. Johnson asked how the trash pickup would be done. The trash truck would pick up on West Martindale. Mr. Applegate said the owner of the house and Mr. Butler would have the discretion of arranging where the trash would be picked up. Mrs. Johnson said the previous owner had tried to develop that property into a residential area but was not allowed since they said there wasn't't an easement wide enough for a road and utilities and all the other items required. Mr. Applegate said if it would be a city street, it would have to have the city's fifty foot right of way but this would remain a private drive. There were no more comments so Mayor Packard closed the public hearing. Mr. Applegate
said on behalf of Mr. Butler, he was asking if the council could
amend the agenda and waive the three readings. Mr. Butler would
like to start building the house as soon as possible. 3. Citizens' and Visitors' Comments No one had indicated to the council by completing a form, that they wanted to speak. Mr. Beyer moved to amend the agenda with regard to item # 4, to place on the agenda, Ordinance 1255 with the waiving of three readings. Mr. Hissong seconded the motion. All concurred and the agenda was amended. 4. ONE READING - ORDINANCE 1255 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. (waive three readings) Mr. Beyer moved
to suspend the requirement of three separate readings on three
separate days in regard to Ordinance 1255. 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 1255. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1255 was adopted. 5. SECOND READING - ORDINANCE 1257 - AN ORDINANCE AMENDING SECTION 921.16 OF THE UNION CODE RELATING TO PAYMENT OF UTILITY BILLS. (three readings) Mr. Beyer moved to have the second reading of Ordinance 1257. Mr. Hissong seconded the motion. All concurred and Ordinance 1257 was passed to the third reading. 6. ONE READING - ORDINANCE 1258 - AN ORDINANCE ADOPTING THE INTERNATIONAL FIRE CODE, 2000 EDITION, AS THE FIRE SAFETY CODE FOR THE CITY OF UNION. (waive three readings) Chief Bergman said they were in the process of trying to get a nationwide code. The state of Ohio has adopted a uniform building code and the fire departments are working towards doing the same thing. The new code is similar to the former code and Chief Bergman asked that they adopt this code which would match the adopted building code. Mr. Beyer moved to suspend the requirement of three separate readings on three separate days in regard to Ordinance 1258. Mrs. Goudy seconded the motion. All concurred and the motion was passed. Mr. Beyer moved to have the one and only reading and adopt Ordinance 1258. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1258 was adopted. Mayor Packard asked if there were any citizens and visitors comments and there were none. 7. Open Agenda Mayor Packard said he had addressed the VFW and represented the city during Memorial Day. Mr. Beyer said that he had visited Northmont School District for their annual Elected Officials Dinner and he said it was a good opportunity for them to visit with the school. He wanted to thank them for the dinner. Mr. O'Callaghan said they were looking for nominations for the Spirit of Union award. He said he would appreciate a call if people noticed improvements.
Mr. Applegate said there was a notice in the council packets that representatives from the school board will attend a future council meeting. There was some concerns about grass cutting at a previous meeting and R.B. Services has gotten everything cut once. They have also been authorized to pick up trash from the properties and get it hauled away. The State Route 48 project is underway. City hall is progressing. Additional work was done in the council room replacing some items that had water damage.Mr. Beyer asked if a representative from the cable company could come by. Mr. Applegate said they were currently working with a group to negotiate a new contract for the franchise so that would be handled first. Mr. Moore and Mr. Applegate are also working on the electric franchise which is also coming up for approval. They will probably not simply renew the current agreement as they have in the past. The public hearing for the budget has been set for June 17, on a Monday. They are still putting together the budget. City hall will be closed Thursday and Friday because the new glass enclosure for the entry way is being installed. Mr. Moore said this was the first night to have forms completed for people to address the councilmembers but that forms would need to be completed according to their new regulations. Mr. Applegate said trash bids will be opened on Wednesday. He said he
received a letter about speeders on Shaw and West Martindale
Road. They asked if speed limit signs could be posted. Speed
limits in the city are statutory- they are 25 mph in residential
areas. They asked if they could put a three way stop at that
intersection. In past studies, they find that a three way stop
can create more problems. They also asked for increased police
coverage and Mr. Applegate said they can check that and issue
citations. Phillipsburg-Union Road was closed for a short time
and that could have temporarily increased the traffic. Since
the residents did not attend the meeting, Mr. Applegate said
he would call them and respond to the letter to slow down anyone
speeding. 8. Mr. Beyer moved that the meeting be adjourned. Mayor Packard seconded the motion. All concurred and the council meeting was adjourned. Respectfully submitted, _________________________
Statement of Julie Johnson, public hearing on rezoning property behind 215 and 217 W. Martindale, May 28, 2002. I have been advised not to argue with council. I have a statement to be entered into the record for council's consideration, calling attention to your duties as council, as outlined in the Union Planning and Zoning Code, which all members of council have sworn to uphold: 1101.01 Authority
and purpose; 1125.01 Interpretation
of words and phrases; Definitions: a. 1. Shall is mandatory and not discretionary. May shall be permissive. 1141.05 Minimum
size for districts a. Zoning district. A-3 3 acres 1161.03 Council c. In the case of a change to the official zoning district map, council SHALL not consider favorably any petition which would result in a total contiguous area, separated only by streets and excluding the area of streets of less than the minimum size requirement for zoning district in section 1141.05. 1141.05 Minimum
size for districts a. Zoning district. A-3 3 acres Therefore based
on the criteria set forth in the Union Zoning Text, it is your
duty as council to deny this rezoning application, as it does
not meet the prerequisites of the current planning and zoning
code.
Mayor Packard said Mrs. Terry had called him at home and said she would not be able to make it to the meeting. He moved to excused her absence. Mayor Packard was asked if she had given a reason and Mayor Packard had been informed that she was tired and had just gotten home and was worn out. There was no second to the motion so Mrs. Terry was not excused from the meeting. Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any questions or corrections on the minutes of the May 28, 2002 council meeting. There were no corrections so Mr. O'Callaghan moved that the council minutes be approved. Mr. Hissong seconded the motion. Mr. Bruns abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared. 2. Public hearing on proposed zoning change for 709 North Main Street, from Agricultural-Residential (A-R) to Commercial -1, (C-1). Mayor Packard opened the pubic hearing. There were four people that had requested to speak at the meeting. Mayor Packard had them stand and they were sworn in. Mr. Applegate
said this was a request for a change of zoning district on Agricultural-Residential
property to be changed to Commercial. The city has complied with
all requirements including sending a notice to the paper and
contacting adjoining property owners. The planning commission
had forwarded this to the council to set a public hearing. This
change would comply with the creation of a new zoning district.
Mr. Applegate introduced the owners, Mr. and Mrs. Yoakum. Randy
Yoakum said they had been selling produce and flowers and wanted
to continue to do this. He asked if the council would consider
waiving the three readings. He said he would like to get started
with the building so everything would be ready before the harvest.
He showed the council a picture of the proposed building that
would be built. The building would take eight to ten weeks to
be constructed which is why he was asking the council to approve
the request. Randy Freundenberg
asked about the speed on the road which was fifty miles an hour.
He was concerned about additional traffic due to the business.
Phil Henry read a statement to the council. He was concerned that if the property would be changed, what could be put in by a new property owner. He was concerned about the variety of future commercial uses that could occupy the property if the Yoakums sold to a new property owner. He suggested a variance be allowed for this business rather than a rezoning. Mr. Marsh said as a citizen of Union and a member of the planning commission, he asked that the council look favorably upon the zoning change request. He said they already have a business with eye appeal and he thought the change would enhance the existing operation and bring more people into the community. Mr. Beyer asked if there had been any written comments for or against this proposal. There has not been. Mr. Applegate
said he had talked to Mr. Henry about his request, they would
have to try to change the existing code to accomplish what he
has proposed concerning a variance. The city is working on a
comprehensive land use plan update. They can continue to look
at the code to see if it would need to be amended but it would
be too late to affect this rezoning application. The Yoakum's
have been lifetime residents of Union and Mr. Applegate said
the city could look into plans for what will happened along State
Route 48. The five acres
meets the minimum requirement for a change of a zoning district.
Since it is within a residential area there would be additional
requirements and the Yoakums would have to obtain a zoning certificate
and the city would make sure the building would meet the proper
requirements, like parking, etc. Mr. Bruns wanted to make sure
that changing this area now would not affect a new change for
residential areas. Mr. Applegate said the council would have
to decide what the zoning would be in the future. State Route
48 is Union's only state route and they will have to decide the
best use. Mr. Applegate said when they receive the first draft
of the comprehensive land use plan, they can look into it further.
He said that the council could always change zoning and that
they might want to consider setting up a special zoning where
the city could go back and revise what changes that have been
made. Mr. O'Callaghan said now that there were more developments out there, it was harder to pull out and go south. Mr. Hissong asked if the speed could be reduced. Mr. Applegate said there is a process that must be followed and he will talk with their traffic engineer on that. Mr. Applegate said they might also look for funding for a turn lane or three lane road. Since it is a State Route, they might be eligible to get funds. Mr. Yoakum
said he had talked to Mr. Applegate about the traffic and he
thought a turn lane would be a good idea. He added there was
an eighty foot easement there which they will keep as a buffer
zone between their neighbors on the south side of the property.
One acre north of the building will be flowers and landscaping. There were
no more comments so Mayor Packard closed the public hearing. Barbara Locke
said there was land on Old Mill and Phillipsburg Road and she
said she did not want the water coming down on her mother's property.
She said they have been fighting this for two years because they
don't want the water to come through their property. She said
she realized that there was a natural flow of water through the
property but that did not include the flow of water from a development.
She also disputed the appraisal of the property and what was
offered.
Mr. Beyer moved to amend the agenda in regards to Ordinance 1256, to waive the three readings. Mayor Packard seconded the motion. All concurred and the agenda was amended. Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1256. 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 Ordinance 1256.
Mr. O'Callaghan seconded the motion. All concurred and Ordinance
1256 was adopted. Mr. Bruns moved to have the third and final reading and adopt Ordinance 1257. Mr. Beyer seconded the motion. All concurred and Ordinance 1257 was adopted. 6. FIRST READING - ORDINANCE 1259 - AN ORDINANCE AWARDING A CONTRACT TO RUMPKE WASTE INC. FOR REFUSE COLLECTION WITHIN THE CITY OF UNION. (three readings) Mr. Applegate
said that this ordinance deals with a new contract. The city
received bids for a refuse contract. Three companies, Dempsey,
Rumpke, and Waste Management, were the three bidders for a five
year contract. Rumpke was the lowest. The city has asked for
a few changes, with collection one day of the week for the entire
city, the collection for large items on the same day, with residents
calling ahead as they do now. (The cost of waste wheelers will
go up from $1.65 to $2.00 per month.) They also had asked for
a uniform price for a five year term. The staff recommends Rumpke
Waste, and alternative 1 a, with a fixed price of $9.65 for the
life of the contract. Mr. Beyer moved to have the first reading of Ordinance 1259. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1259 was passed to the second reading. 7. FIRST READING - ORDINANCE 1260 - AN ORDINANCE AMENDING CHAPTER 741.17 OF THE UNION CODE, RELATING TO SOLID WASTE COLLECTION. (three readings) (COLLECTION RATES) Mr. Applegate said this would set the rate that would need to be passed in conjunction with accepting the new Rumpke contract. Mayor Packard moved to have the first reading of Ordinance 1260. Mr. Beyer seconded the motion. All concurred and Ordinance 1260 was passed to the second reading. 8. FIRST READING - ORDINANCE 1261 - AN ORDINANCE AMENDING CHAPTER 741.03 (a) OF THE UNION CODE, RELATING TO SOLID WASTE COLLECTION. (three readings) (STORAGE OF CANS) Mr. Applegate said this would amend the code concerning storage of trash cans, asking that the cans, when not out for collection, be stored in the garage or in the rear of the property. Mr. Applegate said most people do this already and staff recommends the passage. Mayor Packard moved to have the first reading of Ordinance 1261. Mr. Beyer seconded the motion. All concurred and Ordinance 1261 was passed to the second reading. 9. ONE READING - ORDINANCE 1262 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $280,000 CITY BUILDING IMPROVEMENT BOND ANTICIPATION NOTES, FIRST (2002) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVEMENTS TO THE CITY BUILDING AND DECLARING AN EMERGENCY. This is the first renewal of the notes for the improvement of the city building. The charter requirement of three separate readings has been complied with the first time the notes were brought before council so this can now be passed as an emergency. Mr. Applegate said the city would have to pass this or they would be in default. Mr. Beyer moved that Ordinance 1262 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 moved to have the one and only reading and adopt emergency ordinance 1262. Mayor Packard seconded the motion. All concurred and Ordinance 1262 was adopted. 10. ONE READING - ORDINANCE 1263 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $46,700 PHILLIPSBURG-UNION ROAD UTILITY EXTENSION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF THE PHILLIPSBURG-UNION ROAD UTILITY EXTENSION PROJECT, TOGETHER WITH ALL NECESSARY APPURTENANCES AND DECLARING AN EMERGENCY. This is also an ordinance re-issuing notes to cover costs for installation of utility lines. This would be the last renewal for this note. It has been in effect for nine years now and the city will pay off the note in 2003. Mr. Beyer moved that Ordinance 1263 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 moved that they have the one and only reading and adopt emergency Ordinance 1263. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1263 was adopted. 11. ONE READING
- ORDINANCE 1264 - AN ORDINANCE PROVIDING FOR ISSUANCE OF $141,600
WATERLINE REPLACEMENT BOND ANTICIPATION NOTES, THIRD (2002) RENEWAL
BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF
BONDS, FOR THE PURPOSE OF REPLACING AN EXISTING WATERLINE AND
DECLARING AN EMERGENCY. Mr. Beyer moved that Ordinance 1264 be declared an emergency for the reasons set forth in the ordinance. Mr. Bruns seconded the motion. All concurred and the motion was passed. Mr. Beyer moved to have the one and only reading and adopt emergency Ordinance 1264. Mrs. Goudy seconded the motion. All concurred and ordinance 1264 was adopted. 12. ONE READING - ORDINANCE 1265 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $50,200 PROPERTY ACQUISITION BOND ANTICIPATION NOTES, THIRD (2002) RENEWAL OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING PROPERTY AT 107 WEST MARTINDALE FOR USE BY THE CITY FOR FUTURE EXPANSION OF FIRE AND EMS SERVICES AND DECLARING AN EMERGENCY. Mr. Applegate said this was the third renewal and is for the building where the police department is now, at 107 West Martindale Road, next to the firehouse. Mr. Beyer moved that Ordinance 1265 be declared an emergency for the reasons set forth in the ordinance. Mrs. Goudy 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 1265. Mr. Hissong seconded the motion. All concurred and emergency Ordinance 1265 was adopted. 13. ONE READING - ORDINANCE 1266 - AN ORDINANCE AUTHORIZING THE APPROPRIATION OF AN EASEMENT OF REAL ESTATE FOR THE CITY OF UNION AND DECLARING AN EMERGENCY. Mr. Applegate
said this is one of two ordinances that deal with appropriation
of real estate for an easement from Larry McKenzie and his wife.
He said that the council had passed an intent to purchase real
estate resolution on March 25. The council passed this unanimously.
Mr. Moore said he wanted to put into the record that on October
23, 2001, he wrote Mr. McKenzie and Mrs. Lillian Locke which
was the subject of the next legislation. Mr. Moore read into
the record, the letter written to Mr. McKenzie. A similar letter
was sent to Mrs. Locke. Mr. Hissong asked about trash, like pop cans, going into the catch basins and then in the creek. Mr. Applegate said they clean out the catch basins twice a year and people throwing out trash along roadsides and other areas, this will always occur. The city will maintain the detention pond. A similar system is currently working very well in Union Ridge. Mr. Beyer moved that Ordinance 1266 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. Mr. Hissong voted against the motion, the other councilmembers voted for the motion and the motion was passed. Mr. Beyer moved
to have the one and only reading and adopt emergency ordinance
1266. Mr. O'Callaghan seconded the motion. Mr. Hissong voted
against the motion, the other councilmembers voted for the motion
and emergency ordinance 1266 was passed. Mr. Moore said
the appraiser had stated that it is an easement. Mr. Moore said
they were not taking ownership, just having the use of the property
to install and maintain an underground storm pipe. Mr. Applegate said they were following the direction of the flow of the water and it would enhance the property. Mr. Beyer moved that Ordinance 1267 be declared an emergency for the reasons set forth in the ordinance. Mr. Bruns seconded the motion. Mr. Hissong voted against the motion, the other councilmembers voted in favor and the motion passed. Mr. Beyer then moved to have the one and only reading and adopt emergency ordinance 1267. Mr. Bruns seconded the motion. Mr. Hissong voted against the motion, the other councilmembers voted for the motion and emergency Ordinance 1267 was adopted. 15. ONE READING - RESOLUTION 02-05 - A RESOLUTION OF INTENT TO APPROPRIATE REAL ESTATE. Mr. Applegate said if further negotiations fail, they are putting forth a resolution to authorize the city to appropriate the real estate. The location of the property is in Clayton at 4138 Phillipsburg- Union Road. Mr. Beyer moved to have the one and only reading and adopt Resolution 02-05. Mr. O'Callaghan seconded the motion. All concurred and Resolution 02-05 was adopted. 16. Open Agenda Mr. Beyer asked if the city would be doing slurry seal on the roads. Mr. Applegate said he had not been notified yet that they were ready to come into the area so he offered to call them. Mr. Applegate said the police would be moving back into the city building in a few weeks and they were getting the parking lot paved. Mr. Applegate
said the council has copies of a series of articles in the Dayton
Daily News which depict how well the City of Union is doing in
income, housing starts, etc. compared to other cities and villages
in Montgomery County and other counties. Mr. Applegate added
that it was safe to say that the city council had made the right
decisions in directing the city from the late eighties, through
the nineties. The city has experienced a steady, solid growth.
17. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was adjourned.
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June 10, 2002 To whom it may concern, I couldn't ask for nicer neighbors than Randy and Pam Yokum. Even at our first meeting about 5 years ago, Randy and Pam's good nature and generosity were easy to see. I want only the best for Randy and Pam. I strongly support them in their endeavor to expand their farm produce business to include produce and handcrafts from sources outside of their own property. I appreciate the timeliness of their request as they need to start soon to be ready for the harvest. They have approached their request for a change in their business very responsibly, personally contacting the neighbors. If I understand correctly, Randy and Pam currently can only sell items they grow or make themselves to comply with the code for the Residential/Agricultural zoning of their property. Again if I understand correctly the Yokums' request a small change allowing his small, family business to sell items not grown or made on their farm. Under the current proposal, the Yokums are required to set aside 5 acres of his beautiful property and take the radical and permanent step of rezoning to commercial. This opens an uncertain future for the neighborhood. The change will go beyond Randy and Pam's ownership. Eventually the property will be sold to a new owner who can, within the zoning code, operate any retail business they choose. They can operate a dry cleaner, a motorcycle shop, or a 24-hour convenience store; whatever they choose. It is a radical change for the neighborhood. Granted this is Main Street but this is currently a picturesque, quiet residential area. If there is a plan to rezone the area I would feel better about addressing the entire area, not a piece at a time. Randy has generously offered a buffer zone between the market and our property line. I hope we can work out an agreement that can stand the test of time and not face costly challenges by future owners. It seems the Yokums are requesting a simple extension of their current operation. I strongly urge the board to provide the Yokums with a special use permit, a variance, so the neighbors can support what is intended not some unknown future. Please provide the Yokums and the neighborhood what they need not the unknown plans of a future owner. I hope the decision made tonight is one that we will not regret at a later date. We all want the security of knowing we will have a say in what happens to our neighborhood in the future. Sincerely, Phil Henry
Mayor Packard called the City of Union council meeting to order. The meeting was held on Monday evening, June 24, 2002, at the Mill Ridge Community Center building. Attendance was taken and the following councilmembers were present: Mayor Packard, Mr. Bruns, Mrs. Terry, Mr. Hissong, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director. Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any additions or corrections from the minutes of June 10, 2002. There were none so Mayor Packard moved that the council minutes be approved. Mr. Hissong seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared. 2. Linda Blum, School Board President, Bob McClintock, Business Manager, and Bruce Clapp were present, representing Northmont Schools. Ms. Blum discussed
how meetings were set up so people could contribute more information
on what they wanted for their schools. Groups to study what was
going on in the area, in the state, etc. were developed. A school
board member was on each additional planning team and that is
why Mr. Clapp was present at the meeting. 3. Citizen's and Visitor's Comments Mrs. Julie
Johnson asked about the new policy of taking an oath before speaking
at a public hearing. She also commented that it was nice to have
a copy of the minutes on the web page. She said that what she
said at the meeting was not stated exactly in the minutes. She
said in other public meetings she had attended, there had been
a court stenographer present. She asked why if a citizen was
taking an oath, why the city didn't have a court stenographer.
4. SECOND READING - ORDINANCE 1259 - AN ORDINANCE AWARDING A CONTRACT TO RUMPKE WASTE INC. FOR REFUSE COLLECTION WITHIN THE CITY OF UNION. (three readings) Mr. Beyer moved
to have the second reading of Ordinance 1259. Mr. O'Callaghan
seconded the motion. All concurred and the motion was passed. Mr. Beyer moved to have the second reading of Ordinance 1260. Mr. Bruns seconded the motion. All concurred and the motion was passed. 6. SECOND READING - ORDINANCE 1261 - AN ORDINANCE AMENDING CHAPTER 741.03 (a) OF THE UNION CODE, RELATING TO SOLID WASTE COLLECTION. (three readings) (STORAGE OF CANS) Mr. Beyer moved
to have the second reading of Ordinance 1261. Mr. Bruns seconded
the motion. All concurred and the motion was passed. Mr. Applegate
said the council had passed a resolution to start the process.
The city has failed to reach a resolution with the property owners.
Mr. Bruns moved that Ordinance 1268 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. Mrs. Terry voted against the motion, the other councilmembers voted for the motion and the motion was passed. Mr. Bruns then moved to have the one and only reading and adopt emergency ordinance 1268. Mr. Beyer seconded the motion. Mrs. Terry voted against the motion, the other councilmembers voted for the motion and the motion was passed. 8. Motion for approval of FY/2003 Asking Budget. Mr. Applegate said they have met with the budget committee. It is a tight budget. It is an asking budget. The revenues and expenses are in balance.
Mr. Beyer moved to approve the FY/2003 budget. Mr. Hissong seconded the motion. All concurred and the motion was passed. 9. Open Agenda Mayor Packard thanked the school board for coming. Mr. Beyer also said he did not want to lose the school but they may not be able to have a neighborhood school as they did in the 1950's. Mr. Beyer said he had received a flyer about painting street numbers on curbs. Mr. Applegate said they would not need to get the city's permission. Recently the supreme court ruled against that. Mr. O'Callaghan
said they have chosen a place for the Spirit of Union award and
will be contacting those people. Mr. Hissong thanked the school board members for coming. He asked when the new, large item pick up will start. Mr. Applegate said the new contract would start October 1, 2002. Mr. Bruns thanked the school members for their presentation. Mr. Applegate also thanked them and said he had told Mr. Mabry, the superintendent, that he will talk to them more when the have more information about what they want to do and he feels they can meet the state requirements so that Union will not lose the school. Mr. Moore said
the city was looking for a right to use an easement, not to own
the property. Also, that the city tried for a long time to negotiate
the use of the property. 10. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the council meeting was adjourned. Respectfully submitted, _________________________ |