Union City Council Meeting Minutes
Second Quarter 2002
 
April 8, 2002, Meeting Minutes
April 22, 2002, Meeting Minutes
May 13, 2002, Meeting Minutes
May 28, 2002, Meeting Minutes
June 10, 2002, Meeting Minutes
June 24, 2002, Meeting Minutes
 
 

April 8, 2002

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.
3. Public hearing on proposed zoning change from Commercial - 1 (C-1) zoning to Residential - 3 (R-3) zoning on property located at 104 North Montgomery Street.

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.
Mr. Applegate asked them to look at the last page of the information provided concerning part of lot 58 and lot 59. Mr. Applegate said property owner Larry Combs was present if he wanted to make any comments. Mr. Applegate said the planning commission had no objections to the zoning change. In response to a question from Mr. Beyer, Mr. Applegate stated that the city had not received any written comments from neighbors concerning the request. Mr. Applegate said he would still need to look at the parking requirement.

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.

5. ONE READING - RESOLUTION 02-02 - A RESOLUTION AMENDING THE RULES OF COUNCIL.

Mr. Applegate said at the request of the law director, he asked that this matter be tabled until the next meeting.
Mayor Packard moved to table Resolution 02-02. Mr. Bruns seconded the motion. All concurred and Resolution 02-02 was tabled.

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.
Mayor Packard thanked Mrs. Goudy for attending the recent park board meeting.

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

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April 22, 2002

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.

2. Mayor Packard called city employee Bill Maxwell, retiring in June, to step forward for a presentation of a retirement plaque.
Mayor Packard talked about the duties that Mr. Maxwell had performed over his twenty-one years of service with the City of Union. He presented Mr. Maxwell with a plaque with a clock and an inscription.
Mrs. Terry said Mr. Maxwell was an "asset to the community, and a role model".
Mr. Hissong said the city would miss him and that he had always been around town to help people.
Mrs. Goudy stated that Bill was the "epitome of what a city worker should be", and " a friend to the community". Mr. Beyer said "I don't think I can top that one".

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. O'Callaghan said Mr. Maxwell was always helpful to him in working with the cub scouts and agreed that Mr. Maxwell was a roll model.

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.

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

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.


Mayor Packard said that during a public hearing, limiting the duration of the comments helps keep the meeting moving along in an orderly fashion.

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

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. Beyer moved to set the public hearing for the rezoning for 215 West Martindale Road for May 28 and the public hearing for the rezoning for 709 North Main Street for June 10, 2002. Mayor Packard seconded the motion. All concurred and the motion was passed.

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.
9. Mayor Packard moved that the council meeting be recessed to an executive session with John Applegate, Denise Winemiller, and Joe Moore also attending. He said that action will be taken after the executive session. Mr. Beyer seconded the motion. All concurred and the motion was passed. The council moved into executive session.

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

Mr. Applegate said the annexation petition of the 618 acres, commonly known as the Waterwheel Farm annexation was denied by the Miami County Commissioners. The staff is asking for the council to approve an appeal on the decision since the city takes exception to the reasons why it was turned down.
Mr. Applegate introduced Mr. Don Thies, the owner of the largest amount of the land included in the annexation. Mr. Thies said he wanted to thank the City of Union and officials for their efforts. He said that the Miami County Commissioners did not take in consideration the wishes of the eight people involved.

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.


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

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May 13, 2002

The City of Union held their meeting on May 13, 2002, Monday evening, at the Mill Ridge Village Community Center.
Mayor Packard called the meeting to order. 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.

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.

5. ONE READING - RESOLUTION 02-04 - A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A VOLUNTARY RETIREMENT INCENTIVE PLAN IN COOPERATION WITH THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OF OHIO FOR ELIGIBLE EMPLOYEES OF THE DEPARTMENT OF SERVICE, WHICH IS BEING DESIGNATED AS A SUBORDINATE EMPLOYING UNIT OF THE CITY OF UNION.

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.
Also, Mr. O'Callaghan said they would like to award the Spirit of Union award in the spring so he asked for nominations.

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.

Mr. Bruns said the last two meetings had dealt with saying good bye to people that had put a lot of time in for the city and he hoped that practice would not become a habit.

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.


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

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May 28, 2002


The council meeting was called to order by Mayor Packard on Tuesday evening, May 28, 2002, at 7:30 p.m.

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.


Mr. Applegate said Mr. and Mrs. Al Butler were requesting the zoning change. All the requirements of the city code have been met, including the ad in the newspaper and letters to adjoining property owners. Mr. Applegate said that Mr. Butler's daughter had been hit by a car today and had to be taken to the hospital so he would be late to the meeting.

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.
In answer to Mr. O'Callaghan's question, there will be a private drive to the lot. It would not be maintained by the city. Water and sewer lateral lines would be run by the property owner. Lots 1 and 4 are the only ones proposed to be changed to R-3. Lots 2 and 3 will remain as commercial, C-1 zoning.

Mr. Beyer said he just wanted to state for the record, that this matter had come before the planning commission and they had no objections to the proposed change.

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.
Mayor Packard asked Mr. Moore to go over amending the agenda. Mr. Moore said it was council's agenda and if they wanted to amend it, they had the discretion to do so.

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.
Mayor Packard asked for the reason of the suspension of the readings. Mr. Moore said it was by the request of the property owner and other reasons stated.

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. Hissong said the employees picking up the trash were doing a tremendous job, keeping bottles and trash cleaned up.

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.
Mr. Beyer asked if signs would be posted on State Route 48 concerning the speed limit through the construction area. Mr. Applegate said they will be posting signs.

8. Mr. Beyer moved that the 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

 

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;
b. These regulations SHALL be held to the minimum requirements adopted for the promotion of public health, safety, convenience and general welfare within the municipality.

1125.01 Interpretation of words and phrases;
c. Shall is a mandatory requirement, the word may is a permissive requirement, and the word should is a preferred requirement.

Definitions:
1141.04 Text and map interpretation rules

a. 1. Shall is mandatory and not discretionary. May shall be permissive.

1141.05 Minimum size for districts
No zoning district established in the zoning ordinance SHALL be changed or a zoning district established after the effective date of the zoning ordinance unless the TOTAL size of such zoning district is of the following size:

a. Zoning district.

A-3 3 acres
C-1 5 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
No zoning district established in the zoning ordinance SHALL be changed or a zoning district established after the effective date of the zoning ordinance unless the TOTAL size of such zoning district is of the following size:

a. Zoning district.

A-3 3 acres
C-1 5 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.

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June 10, 2002


The City of Union council met on Monday evening, June 10, 2002, 7:30 p.m. at the Mill Ridge Community Center. Attendance was taken and the following councilmembers were present: 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 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.

Mrs. Yoakum said they would still reside on the property and there was an easement between them and their neighbors. They feel the building would be an improvement to the city.

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.
Mr. Applegate said if this request was approved by the council, they would be looking into the situation with their traffic engineer, checking the business entrance and seeing if there is anything else that would need to be done to enhance the traffic flow. The speed limit is established by state warrant.

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.
Mr. Applegate read the definition of "variance" and it was not something that could be used in this situation.

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.
The commercial use is required because the Yoakums will be selling retail items, things that were not produced on their own property.

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.
Mrs. Yoakum said they will be selling crafts from local artisans as well as produce.
Mr. Henry asked Mr. Applegate if there was anything in the code concerning special use and Mr. Applegate said no.

There were no more comments so Mayor Packard closed the public hearing.

3. In the "Citizens and Visitors" portion of the meeting, Mayor Packard recognized Larry McKenzie. He said he was at the meeting to discuss easements the city is attempting to obtain for a storm water utility. He said he was concerned about the environmental impact and thought it was irresponsible for the City of Union not to have done the study prior to their actions. He said he was not there to argue with the ordinance, he just wanted to know the protocol and if there had been a study, etc. He said he was seeking out information.
Upon the advice of the law director, the Mayor said he would have Mr. Applegate respond to Mr. McKenzie's comments when the legislation came up on the agenda.

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.
She said she did not want this done. She thought the developer should have also approached them about this before planning the development.


4. ONE READING - ORDINANCE 1256 - 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 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.
5. THIRD READING - ORDINANCE 1257 - AN ORDINANCE AMENDING SECTION 921.16 OF THE UNION CODE RELATING TO PAYMENT OF UTILITY BILLS. (three readings)

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.
Mayor Packard asked if the one day a week pick up could be done. Mr. Kyle Aughe, from Rumpke Waste said it could. Mr. Beyer asked about the large item pickup and he said that was the way most people were doing it now. When the large pick up is on a weekly basis, they do not get as much items set out. They encourage people to put out one item a week.

Mr. Bruns asked who set the price of yard waste bags. Mr. Applegate said Rumpke sets the price and the city adds a small amount for handling. The city charges $1.60 per month for billing, taking phone calls, etc. Mr. Applegate said the staff recommends awarding the contract to Rumpke Waste.
Mayor Packard said Rumpke has done a good job for the city and he has heard many favorable comments.

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.

This is the third renewal and is for the waterline replacement on State Route 48.

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. Applegate said, to address the question from Mr. McKenzie on if the city was in compliance with the Ohio E.P.A., as far as he is aware, there is no requirement that there is any environmental impact statement that would need to be done on this kind of stormwater discharge. The land has been zoned R- PUD since 1975. To finish developing the ground, the city needs to acquire and replace the existing storm water pipe to allow the development to properly drain. The development plan has a detention pond that will take care of storm water so there is no more additional drainage. Initially, the developer and now the city has tried unsuccessfully to resolve this issue but the plat is under construction and this legislation needs to be passed.
The existing field tile is broken down. The city will make sure the entire line will be replaced and the properties will be enhanced.
Mr. Beyer said the water will flow whether the city takes care of it or not. The city is not creating any more water. No additional water will be added to Pig Eye creek because of the detention pond.
Mr. Applegate said Mr. McKenzie was concerned about the degradation of the creek. That is already a problem with farm land water run off on the property. The city's planned improvement with help the situation.
Mr. Beyer said, any time land is acquired in this way, the action would automatically go before a common pleas court. Mr. Moore said it was an action that the city would have to file. Mr. Applegate said there was a procedure that the city would follow to comply with all regulations.
Mr. Moore said the first letter was October 23, 2001, and there has been seven to eight correspondences to the owners or their agents up until June 4, 2002. The city is not trying to get ownership of the property, only easements. The project is starting and they still do not have easements. Mr. Hissong and Mrs. Goudy asked about the restoration of the land. The city will make sure the area is restored.

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.

14. ONE READING - ORDINANCE 1267 - AN ORDINANCE AUTHORIZING THE APPROPRIATION OF AN EASEMENT OF REAL ESTATE FOR THE CITY OF UNION AND DECLARING AN EMERGENCY.

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.
Mayor Packard asked if having the water run through the new pipe would improve the situation. Mr. Applegate said instead of much of the water running over ground, it would run through the new storm water 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.
Mayor Packard said he also thought the home maintenance code that was established fifteen years ago had also made a difference.

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


Respectfully submitted,

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

 

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

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June 24, 2002

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.
Mr. Clapp said they were trying to develop a strategy on having a state of the art building. They visited various schools in Ohio and other states. They also checked into the state funding being developed and got bids from architectural firms to check into appropriate designs for schools.
Mr. McClintock said after doing their research, the action planning team turned everything over to the implementers. They continued to work towards a master plan. None of the school buildings that exist now come up to the new standards.
Since the renovations will be so high, they will need to build all new schools.
The total master plan would be for a new high school, a new middle school, and five elementary schools. The school facilities commission will accept the proposal and put forty percent of the total dollars towards the project. The cost of the total project will be 120 million dollars, when the state funding sixty percent of the costs.
They committed to doing five elementary schools because the area still wanted "neighborhood schools." State law requires approximately fifteen acres per school and it will be hard to locate fifteen vacant acres within a neighborhood area.
Mrs. Terry expressed concerns about finding fifteen acres in a neighborhood area and how they could encourage citizens to vote for a levy without knowing where a school will go.

As far as operating costs, there will be only five instead of seven and the buildings will be more efficient and cost effective. They will have to increase to three bus schedules and will eventually have to come back to the voters for additional funds.

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.
Mr. Beyer said the written minutes were not verbatim, only a summary. The tape of what was said at the council meeting will be kept and Mrs. Winemiller said Mrs. Johnson's written statement would become part of the permanent record of the minutes.
Mr. Beyer said they don't have a transcription but they have a recording. He added that the city had looked at other agencies and they are doing similar things. If people make a statement that they have sworn to, it would encourage people to tell the truth in their statements.
Mrs. Johnson also asked about a re-zoning on a property. She had asked for a document request for copies of certain documents, the concept plan, the construction drawings, the subdivider's agreement, the final plat, detailed construction drawings, the performance bond, standard specifications for improvements and the zoning map. She said she received a document that stated no documents other than what were already reviewed by her were required because it was a private development, not a public development. She was asking what the difference was.
Mr. Applegate said that there are no public improvements in the development that the city will accept that would become the responsibility of the city.
Mrs. Johnson then asked about the water and sewer in the development. Mr. Applegate said it would all be private. Mrs. Johnson asked if the Brethren Home was a private development. Mr. Applegate said that some of it is private and some is public. Mrs. Johnson asked for a section of the code that would be in and Mr. Applegate said he would look that up and provide her with that information, and that it was within the subdivision regulations.

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.

5. SECOND READING - ORDINANCE 1260 - AN ORDINANCE AMENDING CHAPTER 741.17 OF THE UNION CODE, RELATING TO SOLID WASTE COLLECTION. (three readings) (COLLECTION RATES)

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.

7. ONE READING - ORDINANCE 1268 - AN ORDINANCE AUTHORIZING THE APPROPRIATION OF AN EASEMENT OF REAL ESTATE FOR THE CITY OF UNION AND DECLARING AN EMERGENCY.

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.
The city met with them over a year ago. The city is now following through with requirements of the Ohio Revised Code. The city gets an appraisal and that is what is paid. They had the option of going through the developer but they have not reached an agreement with them either. This easement in question is for fifteen feet. They are putting sanitary sewer, storm water, water, curb, sidewalk, and new road way and it is not costing the property owner anything.

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 said the budget committee has recommended this to the council and there was a public hearing on the budget and there were only a few councilmembers and staff present. There were so citizens present.

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.
He said it had been a privilege to serve on the school committee and they all worked very hard. He said they knew that Union would still want to retain a school.

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.
He will also have more information on the recent supreme court ruling about the solicitation ordinances.

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,

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

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