Union City Council Meeting Minutes
Second Quarter 2003
 
April 14, 2003, Meeting Minutes
April 28, 2003, Meeting Minutes
May 12, 2003, Meeting Minutes
May 27, 2003, Meeting Minutes
June 9, 2003, Meeting Minutes
June 23, 2003, Meeting Minutes

 

April 14, 2003

The City of Union council meeting was called to order by Mayor Packard on April 14, 2003, at 7:30 p.m. on Monday.


Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mrs. Goudy. Other City of Union 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. He asked for an additional moment of silence for the men and women overseas that are serving the country.

1. Mayor Packard asked if there were any additions or corrections from the minutes of the March 24, 2003 meeting. There were none so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Hissong seconded the motion. All concurred and the council minutes were accepted as prepared.

Mrs. Winemiller said that Mr. Beyer had asked to be excused from the meeting. Mayor Packard acknowledged that Mr. Beyer had called in so Mayor Packard moved to excuse Mr. Beyer from the meeting. Mr. Beyer had just been released from the hospital after having surgery and was not able to attend the meeting. Mr. O'Callaghan seconded the motion. All concurred and his absence was excused.
Mrs. Terry had not called in and her absence from the meeting was not excused.

2. Mayor Packard commented that two citizens had completed forms requesting to speak at the council meeting.
Ms. Liz Hernandez from Merrymaid Drive said she was concerned about the problems of vandalism at the school, throwing rocks, etc. She said that when her children had gone to the park, kids had thrown rocks and threatened her children.
Mr. Applegate said he had talked to the police chief about it and they had officers stopping by the park more frequently. Mr. Applegate suggested that Ms. Hernandez talk to the police department and provide them the names of the children suspected of causing the vandalism.
Mr. Hissong, an employee of the school, also mentioned that the police have been working on it and recommended that Ms. Hernandez talk to the police.
Mr. Applegate said Chief Blackwell would have been at the council meeting except that he was attending night school.
Mr. Applegate assured them that the police department was aware of it and were working on the problem.


Mayor Packard recognized Mrs. Judy Collins from 409 West Martindale who talked about some of Ohio's presidents, as part of the awareness campaign for the Ohio Bicentennial celebration. She suggested that the council consider having a historical marker for the City of Union since the city is eligible. She had obtained information on what was required for the application and provided that to the council.

3. Proclamation for the Community Development Block Grant Program proclaiming April 21 to April 27, 2003 as Community Development Week in the City of Union.

Mr. Applegate said that this was an annual proclamation that the council is asked to pass for community development week. Mr. Applegate said the staff recommended the passage of the proclamation.
Mr. Bruns asked how long it had been since the city had received a CDBG grant. Mr. Applegate said they had received one last year for $125,000 for the A.D.A., handicapped accessibility renovation of the city building.

Mr. Bruns moved that the proclamation be passed by the council. Mr. O'Callaghan seconded the motion. All concurred and the proclamation for the Community Development Block Grant Program was passed.

4. Discussion and motion on a renewal application for placement of farmland in an agricultural district for Conrad M. Phillippi for property located on Phillipsburg-Union Road.
Mr. Applegate said that this is for the placement of farmland in an agricultural district. Mr. Applegate commented that this was a formality because the land had already been in an agricultural district and had been approved in the past. Mr. Applegate recommended the approval of agenda items 4 and 5.
Mayor Packard moved that the renewal application for placement of farmland in an agricultural district for Conrad M. Phillippi for property on Phillipsburg-Union Road be passed. Mr. Bruns seconded the motion. All concurred and the motion was passed.

5. Discussion and motion on renewal application for placement of farmland in an agricultural district for Dennis B. Swartz for property located on Phillipsburg-Union Road, east side of State Route 48, Old Springfield Road.

Mayor Packard moved that the renewal application for placement of farmland in an agricultural district for Dennis Swartz for property located on Phillipsburg-Union Road be passed. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

6. Open Agenda

Mayor Packard said the Easter egg hunt at Union Elementary was held on April 12, 2003. The event was well attended and the children had a great time. He said he wished to thank Mrs. Terry for her assistance, promotion and financial contributions. He also thanked the La Sertoma club for their donation of cookies, Shirley and John Hissong for their help in getting set up, and the Union Fire Department for delivering the Easter bunny. Mayor Packard thanked all the volunteers, including his family, McDonald's restaurants for supplying the punch, and the City of Union Park Board for their support.

Mr. O'Callaghan said he wanted to comment about how nice all the pear trees looked in Union. He also asked when the people were coming to complete the brick in the wall at State Route 48 and Phillipsburg-Union Road. Mr. Applegate said they were coming the following day.

Mr. Hissong asked if trees will be planted along the north end of the State Route 48 project in the spring or fall. Mr. Applegate said they hoped to do it later this spring if they can still purchase the trees. Right now they are working on the electric wire for the street lights and tree lights. Mr. Hissong said it was looking great up there.

Mr. Hissong said he wanted to thank Mayor Packard for all his hard work on the Easter egg hunt. He said everyone had done a tremendous job.

Mr. Bruns thanked everyone for coming, including Arlene Setzer, State Representative, from the House of Representatives. Ms. Setzer spoke about local government funds that had been passed and that the bill was going on to the Senate. She spoke about various committees she was serving on and invited the council to contact her if they had any problems and she would see what she could do within the committees she was serving on, or in assisting the city in contacting the correct committee chairman.

Mr. Applegate said that currently, the city managers are meeting every two months with Ms. Setzer and at the last meeting, Jeff Jacobson had also attended. He thanked Ms. Setzer for her support and commented that she was doing an excellent job.

Mr. Applegate said they had received approval for the city's storm water N.P.D.E.S. permit and the process will begin very soon.

There will be a public hearing at the next meeting concerning the adoption of the final draft of the City of Union Comprehensive Plan. The completed plan was distributed to the council.

Mr. Applegate said he had recently attended a meeting concerning Montgomery County inclusion into the Presidential Disaster Declaration for Montgomery County . They could receive a reimbursement for a portion of the city funds that were spent during the President's Day weekend on snow removal.

Mr. Applegate said the new well # 4 was in place and they are preparing information to receive the final approval from the Ohio E.P.A.

On April 11, the city received Fairborn's annual city government cost survey and the city is the 24th, the lowest in the governmental costs for a community. In property taxes, the city is 9th out of 28th, and all the cities with higher property taxes than Union also have an income tax.

Mr. Applegate said most residents in the community are already paying an income tax. The city has a 1% income tax on the ballot in November and even with that, they will be close to the bottom of the list on governmental revenues.

Mr. Moore said that he and the city manager were at the Court of Appeals that day on the city's 618 acre annexation in Miami County. The ruling will come in the next 60 to 90 days.
Mr. Moore stated at the last meeting Mr. Beyer had asked who were the actual parties involved in the last Court of Appeals case. That was with Butler Township and Ron Kidwell concerning suing the city for moving the meeting dates and the case was decided in the city's favor on March 14, 2003. Butler Township and Ron Kidwell were the plaintiffs.

7. Mayor Packard moved that the meeting be recessed so they could meet in an executive session to discuss the possible purchase of real estate. There was to be no decision made after the executive session. Mayor Packard asked that Mr. Applegate, Mrs. Winemiller, and Mr. Moore also attend the executive session. Mr. O'Callaghan seconded the motion. All concurred and council moved to an executive session.

Mr. Bruns moved that the council meeting be reconvened. Mr. O'Callaghan seconded the motion. All concurred and the meeting reconvened.

8. Mayor Packard moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was adjourned.

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

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April 28, 2003


The City of Union council meeting was called to order by Mayor Packard on April 28, 2003, Monday evening at 7:30 p.m.

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

Mayor Packard said that Mrs. Goudy had called and said she could not attend the meeting due to illness. He moved to excuse Mrs. Goudy from attending the meeting. The motion was seconded by Mr. O'Callaghan. All concurred and Mrs. Goudy's 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 April 14, 2003 meeting. Mr. Beyer said he wanted to clarify for the record why he was not at the last meeting and asked that his reason be included in the written minutes. Mr. Beyer said he had just been released from the hospital from having surgery.
Mr. Brun moved to accept the minutes with that addition. Mr. O'Callaghan seconded the motion. All concurred and the minutes were accepted with the addition of details of Mr. Beyer's absence.

2. Mayor Packard asked if there were any citizen and visitor comments for the council other than the subjects of the public hearings.

Mrs. Collins asked to be recognized and contributed information about the Wright Brothers, presidents and buildings of historical significance concerning Ohio in celebration of Ohio's Bicentennial.

3. Public hearing on change of zoning application from Robert Martin for Randolph Street from Commercial - 2 (C-2) to Residential - 3 (R-3).

Residents that wished to speak were sworn in by Mayor Packard.

Mr. Applegate said Mr. and Mrs. Martin own the property and want to build a single family home on the south end of Randolph Street on the west side. The city has complied with all the regulations for a zoning change with an ad in the paper, letters to adjoining property owners, etc.

The property owners ask that an additional parcel of land, approximately one acre that was zoned Commercial-2, purchased from Dr. Staddon be changed to residential zoning so the Martins could build a single family home. Mr. Applegate said a map was attached to the information provided to the council.
Mr. Martin was invited to speak but he said Mr. Applegate had covered most of the items he was going to mention.
There were no more comments so Mayor Packard closed the public hearing.

4. Public Hearing on adoption of the City of Union's Comprehensive Plan.

The people that wanted to speak at the public hearing on Union's Comprehensive Plan were sworn in by Mayor Packard.
Mr. Applegate introduced Chad Akins and David Rickard from Woolpert who developed the Comprehensive Plan for the city.
Mr. Rickard said there was a lot to cover in their presentation. Mr. Beyer said most of the councilmembers were familiar with the document.
During their work they Woolpert completed data analysis, studied the issues facing the community and then discussed the recommendations and the final plan. They described the comprehensive plan as a tool for future reference and to guide the development decisions for the city. The Comprehensive Plan deals with transportation, infrastructure, economic development, park systems, more services for the downtown area, street scape improvements, and other items with the intent of increasing the quality of life in the City of Union.

Mr. Applegate said this plan would help direct the city in the future and is a concept that can be further developed as corporation boundaries change and development takes place.
Mr. Marsh from Sweet Potato Ridge said that as a member of the Planning Commission, they had spent a considerable amount of time on the plan. He said he felt it was an excellent document and it was a good starting point for the city to build into the future. He recommended the adoption of the document.
There were no more comments from the council or public so the public hearing portion of the meeting was closed.

5. FIRST READING - ORDINANCE 1288 - 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 that this was the matter discussed earlier to change the zoning for Mr. Martin to build a single family home. He asked that the council waive the three readings with regard to Ordinance 1288 so the resident can go forward with his building plans and obtaining permits.

Mr. Beyer moved to amend the agenda to waive the three readings on Ordinance 1288. 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 regards to Ordinance 1288. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1288. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1288 was adopted.

6. RESOLUTION 03-01 - A RESOLUTION ADOPTING IN CONCEPT THE COMPREHENSIVE PLAN FOR THE CITY OF UNION.

Mr. Beyer moved to adopt Resolution 03-01, the comprehensive plan. Mr. Bruns seconded the motion. All concurred and Resolution 03-01 was adopted.

7. Discussion and motion on renewal application for placement of farmland in an agricultural district for Richard Oaks and Mary Oaks for property located on Jackson Road.

Mr. Applegate said that this was similar to the applications granted by the council at an earlier meeting. These renewal applications must be done every five years.
Mr. Beyer moved to renew the application for placement of farmland in an agricultural district for Richard Oaks and Mary Oaks for property located on Jackson Road. Mayor Packard seconded the motion. All concurred and the motion was passed.

8. Open Agenda

Mayor Packard complimented the entry into the city from the north. He said the residents had done a great job with maintaining their properties, particularly along Main Street.
Mayor Packard said he had also seen new well # 4 now that it was completed.

In regard to future plans for Union, Mr. Beyer said "everything begins with money, and that's really the bottom line."

Mr. Beyer said he had received a letter from a Concord Farm Road resident complaining about the Union sign at Phillipsburg-Union Road and State Route 48. She said she lived north of that and thought the sign should be located there. Mr. Beyer said he thought some time in the future something else would be added around County Line Road and that he knew that sign at Phillipsburg-Union Road was part of the State Route 48 project.
Mr. Applegate stated that the sign at Phillipsburg-Union was not a "welcome to the City of Union" sign. Within the Comprehensive Plan, there is plans to put a sign at both ends of town. Mr. Beyer said he wanted it in the record that they would be installing signs at the corporation line of State Route 48 at some point in the future.
Mr. Applegate said they have annexed some property up to West Milton's corporation line and they will be putting a sign in that area.
Mr. Beyer said that it would be the last council meeting for Rhonda and George Steigler as residents. He said they had only been in the city for three years but they had consistently volunteered and helped the city. They had worked with the Toll Road Festival, and Mr. Steigler has served on the Park Board and the well field protection committee and had run for council.
Mr. Beyer moved that the council of the City of Union offer their sincere thanks to George and Rhonda Steigler for their contributions to the community. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan said that on State Route 48 coming south, there was an arrow that said right turn only at the light at Phillipsburg-Union and actually the lane could be used to go straight. Mr. Applegate said he thought that was an oversight and they would get it taken care of.
Mr. O'Callahgan said there would be a special election on May 6 for Northmont schools. He asked for people to vote and in his opinion, vote for the school levy.

Mrs. Terry also asked everyone to vote in the special election. Mrs. Terry said she had been out driving in Union and the town looked beautiful with all their landscaping. She also said she loved the Comprehensive Plan.

Mr. Bruns said since people on council had indicated that they personally supported the school levy, he suggested they could support it as a council.

Mr. Bruns moved to support the school levy. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns said he would miss the Steiglers.
He thanked the representatives from Woolpert for all their efforts on the Comprehensive Plan.

Mr. Applegate said the report that Mr. Beyer had asked for concerning total expenses on snow removal from November, 2002 to spring, 2003 was $36,904.87 including overtime, salt, sand, etc. The city still has two hundred tons of salt left. They have also filed for reimbursement for overtime since Montgomery County was included in the presidential declaration for emergency disaster relief for snow removal. They hope to received funding back from that.

Mr. Applegate attended a Chamber breakfast meeting and the representatives of the city discussed the activities and accomplishments for their towns within the last year. One of the items discussed was the school district. Mr. Applegate said the school has a positive effect on their housing starts and increases property values. The school is trying to pass an operating levy.

Mr. Applegate announced that the 618 acre annexation has been granted to the city by the court of appeals.

Mr. Moore said this decision was from the Second District Court of Appeals after initially going through the Miami County Commissioners and Miami County Common Pleas Court.
Mr. Moore said that in annexations, the city is contacted by people that want to become a part of the city. There was a serious need for a water supply by the area that needs to be annexed.
Mr. Moore said that one property owner had vacated his property due to well contamination and had been unable to drill for a new well. Several owners mentioned, either by testifying or by affidavit, that they were unable to obtain adequate water from their wells. There were situations where people did not have enough water to meet their daily needs, such as doing laundry and taking showers.
Mr. Moore read a portion of the decision and a copy of the document is attached to the minutes.
Mayor Packard thanked the staff and Mr. Applegate for all of their work. Mr. Moore said Catherine Cunningham was the attorney for the petitioners. Mr. Applegate said he had talked to some of the residents and they were elated that the annexation was official and looking forward to having the city services.
Mr. Applegate said this annexation would help protect the city's well field plan by bringing the additional land under the city's control.

9. Mayor Packard moved to recess for an executive session on the status of the Ohio Patrolmen's Benevolent Association (OPBA) collective bargaining agreement. There will be action taken after the executive session. Mayor Packard asked that Mr. Applegate, Mrs. Winemiller, Mr. Moore, attorney Janet Cooper, and Police Chief Blackwell attend the executive session. Mr. Beyer seconded the motion. All concurred and the meeting adjourned into the executive session.

After the executive session, Mr. Bruns moved that the council meeting be reconvened. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was reconvened.

Mr. Beyer moved that due to the financial constraints of the City of Union, the City of Union rejects the fact finders report regarding the negotiations between the City of Union and the Ohio Patrolmen's Benevolent Association on a new collective bargaining agreement for the police department of the City of Union. Mr. Bruns seconded the motion. Mrs. Terry voted against the motion, the other councilmembers voted in favor of the motion and the motion was passed.

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

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

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May 12, 2003

Mayor Packard called the council meeting to order on May 12, 2003, at 7:30 p.m., Monday evening.

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

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

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the minutes of the April 28, 2003 council meeting. There were none so Mr. Bruns moved that the council minutes be approved. Mr. Hissong seconded the motion. Mrs. Goudy abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared.

2. Mayor Packard said two citizens, Mrs. Judy Collins and Mr. Glynn Marsh, had indicated that they wished to speak at the meeting.

Mrs. Collins said for her "Ohio Bicentennial Moment", she wanted to focus on early education in Ohio. In 1773, the first school was held near an Indian village laid out by a missionary, near Newcomerstown in Ohio.
In 1789, the first school was located in a block house which also served as a fort and a church. One of the early educators was Florence Mann who later served as the president of Yellow Springs college.
When Ohio was admitted to the Union, Congress gave the state parcels of land to be used for universities for higher education. These universities include Ohio State, Ohio University, and Miami University. Mrs. Collins also stated that Mr. William McGuffy taught at Miami University and is the author of the McGuffy reader which was used all over America from 1836 to 1900.
Mrs. Collins showed the council a first McGuffy reader from her grandfather. The copyright for the book was 1879.

Mr. Marsh said it has been five years since the beginning of the Randolph Township Historical Society and the society had grown to a membership of over 150 people.

One of the original ideas proposed in the formation of the Society was reading all of the cemeteries in the original Randolph Township. Various limited studies have been done in the past but Loren Butterbaugh took on the task of "reading" all of the cemeteries, which is the process of recording all the information off of the tombstones.
Mr. Marsh presented a copy of the readings of Minnich Cemetery, the only remaining active cemetery in Randolph Township, to the City of Union council. The reading, the accumulation of hundreds of hours of work, was done in 1999 and was recently computerized. Mr. Marsh presented the document to the Clerk of Council to become part of the City of Union's historical records.

3. ONE READING - ORDINANCE 1289 - AN ORDINANCE ACCEPTING THE BID FROM TERRY CONSTRUCTION, INC. FOR THE APPLICATION OF SLURRY SEAL FOR VARIOUS STREETS IN THE CITY OF UNION. (waive three readings)

Mr. Applegate said the passage of this ordinance would allow the city to enter into a contract so the city can apply slurry seal to the streets.

Mr. Beyer said he wanted to make it a matter of public record that Terry Construction Inc. had no affiliation with Mrs. Betty Terry on the council.

Mr. Beyer moved to waive the charter requirements of three separate readings on three separate days in regard to Ordinance 1289. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1289. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1289 was adopted.

4. Open Agenda

Mayor Packard asked that residents watch out for the children playing when driving through town.

Mr. Beyer commented that the Ohio Public Broadcasting station had shown a two hour program on the history of the State of Ohio and would be repeating it throughout the year if anyone was interested.


Mr. Beyer said after the last council meeting, when he went to his car that was in the handicapped parking space, he found a note on his car windshield asking if he was truly handicapped. Mr. Beyer stated, "In case that person (or persons) is here tonight, yes, I do meet the requirement for the Ohio Revised Code for the Handicapped parking placard because I am ambulatory for the reason that I have a prothesis so I'd just like to make that clear in case there are any questions. I'll try to remember to put the placard in the window."

Mrs. Goudy asked what the status was on the flag pole. Mr. Applegate said they would be starting the concrete work by the next day.

Mr. O'Callaghan asked if the council could consider nominating Union residents for the Spirit of Union award for beautifying their landscaping and improving their properties.

Mr. Hissong thanked everyone for working on State Route 48 at the corner of Phillipsburg-Union Road and for planting new trees.
He also thanked everyone for voting for the Northmont School Levy.

Mr. Applegate said the street lights on the northern section of State Route 48 were installed and would be turned on later in the week and half of the trees were planted.
Mr. Bruns reminded the councilmembers that the next meeting date would be Tuesday, May 27, 2003.

Mr. Marsh said Ohio was celebrating their bicentennial in 2003 and Randolph Township was celebrating their bicentennial in 2004.

Mr. Marsh said on Thursday night at 7:30, the Randolph Township Historical Society was having an antique's appraisal night at Mill Ridge Village.

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

 

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

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May 27, 2003

The City of Union council meeting was called to order by Mayor Packard. The meeting was held at 7:30 p.m. on Tuesday, May 27, 2003, instead of Monday, May 26, due to the observance of Memorial Day.

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

Mayor Packard said that Mr. Bruns was on vacation, Mr. Beyer was out of town for medical treatment, and Mrs. Terry had called and said she had sinus problems.

Mayor Packard moved to excuse Mr. Brun's absence from the meeting since he was on vacation. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mayor Packard moved to excuse Mr. Beyer from attending the council meeting due to medical reasons. Mr. O'Callaghan seconded the motion. All concurred and Mr. Beyer's absence was excused.

Mayor Packard moved to excuse Mrs. Terry's absence from the meeting due to sinus problems. There was no second to the motion so Mrs. Terry's absence was not excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the May 12, 2003 council meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mrs. Goudy seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors at the meeting.
Mayor Packard recognized Judy Collins. Mrs. Collins said she had discussed historical sites in Union with the mayor and since she had been the church historian for the Union Methodist Church and the building was up for sale, the mayor had thought it would be interesting to have Mrs. Collins talk about the church.

Mrs. Collins said that the church has a date stone with the date of 1854 which is located on the north gable end of the building.

The original church was occupied in the early 1800's by Quakers. Before 1862, the Methodists moved into the church and the church has been Methodist for 149 years.

3. Open Agenda

Mayor Packard asked if anyone had noticed the city's new flag pole and commented that the flags looked very nice.

Mrs. Goudy said that she had heard the tornado sirens last week. She asked if the city could consider a secondary siren since it hard to hear the alarm in her area. She also thought additional literature could be distributed to inform people about the purpose of the alarm.
Mr. Applegate said the siren is tested the first Monday of each month and there was an article done in the newspaper about testing the siren. Mr. Applegate said that the sirens are very costly and the city does not currently have the money to purchase another siren.

Mr. O'Callaghan asked if the newsletter was coming out soon. He suggested that they add the information on the tornado siren to the newsletter.

Mr. O'Callaghan asked for nominations for the Spirt of Union award. Mrs. Winemiller said that was going to be mentioned in the city newsletter.

Mayor Packard said Mill Ridge Village will have a pancake breakfast and lunch on June 7 along with a car show and the proceeds will go towards the Union parks.

Mr. Applegate asked for a motion from the council to extend the contract with RB Services for mowing for the next year, at the current rates.

Mayor Packard moved to extend the mowing contract for one year. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Applegate said the city had nine more trees to plant out of one hundred fifteen and then the city would be doing some trimming.

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

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

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June 9, 2003

Mayor Packard called the June 9, 2003 City of Union Council meeting to order. The meeting took place on Monday evening, at 7:30 p.m.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mrs. Goudy. Other city staff members present were Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mayor Packard moved that Mr. Beyer be excused due to his medical condition after surgery. Mr. Bruns seconded the motion. All concurred and his absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the May 27, 2003 meeting. There were no comments so Mr. O'Callaghan moved that the minutes be accepted as prepared. Mr. Hissong seconded the motion. Mr. Bruns and Mrs. Terry abstained, the other councilmembers voted for the motion and the council minutes were accepted as prepared.

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

Mayor Packard recognized Judy Collins. Mrs. Collins said that recently Mr. Bruns had mentioned the exhibit of sculptures in Troy, Ohio. Mrs. Collins distributed pictures showing some of the twenty sculptures displayed . Mrs. Collins said the area businessmen had commented that the exhibit had brought many people to their town. The display will be in Troy until the middle of July.

Mrs. Collins also reminded everyone that June 14 was Flag Day.

3. ONE READING - RESOLUTION 03-02 - A RESOLUTION DECLARING THE NECESSITY OF A REPLACEMENT POLICE LEVY IN EXCESS OF THE TEN MILL LIMITATION AND REQUESTING THE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY OF UNION AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY A SPECIFIED NUMBER OF MILLS.

Mrs. Winemiller said that this resolution would authorize the council to direct the finance director to submit a request to the Montgomery County Auditor's office on how much additional revenue would be received if the city would place a police levy on the ballot in November. This is a procedural step that would need to done before the council goes any further.

Mr. O'Callaghan asked Mrs. Winemiller to explain the difference between a replacement levy and a renewal. Mrs. Winemiller said the last time the levy was passed was in 1996 and in that seven years, the 8.33 mill levy has been reduced approximately 3 mills.. The passage of this levy would take the amount back to the 8.33 mills. The city has expanded the police department with additional officers and replaced police cruisers and purchase new equipment now, due to the expansion of the city and the department, they need additional funds.

Mr. Bruns moved to have the one and only reading and adopt Resolution 03-02. Mayor Packard seconded the motion. All concurred and Resolution 03-02 was passed on the first reading.

4. Open Agenda

Mayor Packard thanked Mrs. Collins for sharing information about Ohio during the council meetings.

Mayor Packard said he had attended the pancake breakfast sponsored by Mill Ridge Village with the proceeds going to Union for the city parks. Mayor Packard said Lieutenant Goudy from the Union Police department was there also, showing the residents a city police cruiser.

Mrs. Goudy said she wanted to comment on the continual improvement along Main Street with the trees, and treatment of the falls, sidewalks etc. She said she was quite proud of the city and the improvements were quite striking.

Mr. O'Callaghan asked if they had figures yet about the proceeds from the pancake breakfast but Mrs. Winemiller said she had not heard from Mrs. Kreuzer from Mill Ridge Village yet. Mr. O'Callaghan said that everyone had enjoyed the breakfast.

Mr. O'Callaghan said they had approximately twelve Spirit of Union nominees that had come in and he would be checking out those properties.

He also said he thought the recent city newsletter was very informative.

Mrs. Terry said she also thought the city was looking very good and that the newsletter was very well done.

Mrs. Winemiller showed the council what the oil drain container looked like for the City of Union oil recovery plan. They had applied for a grant through the Montgomery County Solid Waste District. Mrs. Winemiller answered some questions about the program from the councilmembers. They hope to install a heating system in the maintenance building that will burn the used motor oil. Brookville has a successful program running already.

Mr. Moore said regarding the 618 acre annexation, Union Township filed a motion for a stay, which implies they will try to get the case before the supreme court.

Mr. Moore added that the city was enforcing the zoning ordinances and they are working on several cases through the Vandalia court.

5. Mayor Packard moved that the council meeting be adjourned for an executive session and he asked that Mrs. Winemiller and Mr. Moore the law director attend the executive session. Mayor Packard said there would be action taken after the executive session. Mr. Bruns seconded the motion. All concurred and the meeting was recessed to an executive session.

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

Mr. Bruns moved that the law director and city staff prepare legislation to purchase the property at 201 West Martindale Road, the legislation incorporate the conditions set forth in the draft contract.
Mayor Packard seconded the motion. All concurred and the motion was passed.

Mrs. Winemiller added that part of the contract stipulates that the purchase is contingent on the residents passing the one percent income tax which will be on the November ballot.

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

 

Respectfully submitted,


_______________________
Denise A. Winemiller,
Clerk of Council
_______________________
Michael O'Callaghan,
Councilmember
_______________________
Robert Packard, Mayor

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June 23, 2003

On Monday, June 23, 2003 at 7:30 p.m. the City of Union council meeting was called to order by Mayor Robert Packard.

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

Mayor Packard moved to excuse Mr. Beyer's attendance from the meeting due to illness. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.
Mrs. Terry was not excused from attending the meeting.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the June 9, 2003 meeting. There were none so Mr. Bruns moved that the minutes be accepted as prepared. Mr. O' Callaghan seconded the motion. All concurred and the minutes were accepted as prepared.

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

Judy Collins from 409 West Martindale Road had some information concerning Ohio as part of the Ohio Bicentennial celebration.

Mrs. Collins talked about the 88 counties in Ohio and how the land was divided originally into counties during the settlement of the Northwest Territory. She relayed interesting facts about some of Ohio's counties.

3. ONE READING - ORDINANCE 1290 - AN ORDINANCE PROPOSING A REPLACEMENT LEVY FOR THE PURPOSE OF THE POLICE LEVY FUND AND CERTIFYING THE QUESTION TO BE PLACED ON THE BALLOT TO THE MONTGOMERY COUNTY BOARD OF ELECTIONS. (waive three readings)

Mr. Applegate said the ordinance was self-explanatory. It was an ordinance for replacing the existing police levy that funds the police department. It was originally passed in 1995 and went into effect in 1996. The passage of this ordinance would bring the levy back up to its current value and would generate approximately 230,000 additional dollars to the police department for their operations. When the last police levy was passed, it allowed for the first major expansion of the police department.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1290. Mr. Hissong seconded the motion. All concurred and the motion passed.

Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1290. Mr. Hissong seconded the motion. All concurred and Ordinance 1290 was adopted.

4. FIRST READING - ORDINANCE 1291 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Applegate said that this was an annual housekeeping ordinance authorizing and approving the street light assessments.

Mayor Packard talked about a recent repair to street lights to Lexington Farm where the electric company did a temporary repair with an overhead line instead of an underground line. Mr. Applegate said they probably wanted to get the lights on as quickly as possible.

Mr. Bruns moved to have the first reading of Ordinance 1291. Mayor Packard seconded the motion. All concurred and Ordinance 1291 was passed to the second reading.

5. ONE READING - ORDINANCE 1292 - AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL ESTATE LOCATED AT 201 WEST MARTINDALE ROAD, FROM THE UNION METHODIST CHURCH. (waive three readings)

Mayor Packard asked Mr. Applegate to explain why they were requesting one reading of this ordinance. Mr. Applegate said that this ordinance was council's authorization for the city to purchase the church if the income tax would pass. He said that over the years residents have requested that the city provide a community center for activities for the children in the city. He said besides the purchase of the building, funds would be needed to operate the new programs along with the rehabilitation of the building.
Mr. O'Callaghan commented that for the next two months there will only be one council meeting so it would be too long of a delay to pass the Ordinance using three readings. Mr. Moore added that this would authorize the city to sign a contract, even though the contract is contingent of the passage of the income tax. The ordinance would take 30 days to go into effect so the passage of this ordinance in one reading gives the city an interest in the property.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1292. Mayor Packard seconded the motion. All concurred and the motion passed.

Mr. Bruns moved to have the one and only reading and adopt Ordinance 1292. Mayor Packard seconded the motion. All concurred and Ordinance 1292 was adopted on the first reading.

6. ONE READING - RESOLUTION 03-03 - A RESOLUTION SUPPORTING A PROPOSED POLICE REPLACEMENT LEVY FOR THE CITY OF UNION.

Mr. Applegate said this resolution indicates city council's support for the proposed police levy and authorizes the city manager to expend the funds to give the public information concerning the police replacement levy for the November ballot.

Mayor Packard moved to have the one and only reading and adopt Resolution 03-03. Mr. Bruns seconded the motion. All concurred and Resolution 03-03 was adopted.

7. ONE READING - RESOLUTION 03-04 - A RESOLUTION SUPPORTING A CITY INCOME TAX.

Mr. Applegate said this was the same type of resolution as for the police levy. It would authorize the city manager to expend funds to give the public information concerning the city income tax.

Mr. O'Callaghan moved to have the one and only reading and adopt Resolution 03-04. Mr. Bruns seconded the motion. All concurred and Resolution 03-04 was adopted.

8. Adoption by motion of the F/Y 2004 asking budget.

Mr. Bruns said the budget committee did review the asking budget and recommended that the council pass the budget. Mr. Bruns commented that the budget was very tight and the city had held a public hearing on the proposed budget and no one from the public attended.

Mr. Bruns moved to adopt the F/Y 2004 asking budget. Mr. Hissong seconded the motion. All concurred and the motion was adopted.

9. Open Agenda

Mayor Packard complimented Mrs. Winemiller on handling matters while Mr. Applegate was on vacation.

Mr. O'Callaghan said the pancake breakfast sponsored by Mill Ridge Village raised $350.00 for the City of Union for playground equipment. Mill Ridge Village is planning on holding a pancake breakfast again next year.

Mr. O'Callaghan suggested that since there was a new business now on State Route 48, in the northern part of the community, and since there had been additional development, he suggested that they look at lowering the speed limit. Mr. Applegate said they could look at it but he thought it would still not warrant a reduction in the speed limit. He said he was in discussions with a new business and hoped to have an announcement to make in the future. If that would happen, they would look at the situation again. Speed limits are more determined by entrances into the street and there are not enough cuts in the road to alter the existing speed limit.
Mr. O'Callaghan said it was difficult to pull out when the speed limit was 50 to 55 miles per hour and there had been some accidents on State Route 48.

Mr. Hissong asked if the city was thinking about spring conditions, with the mosquitos and the West Nile Virus and the possibility of the city spraying. Mr. Applegate said they had looked at it in the past and it would be an additional expense and some people are against putting more chemicals in the air. He said the topic had always been controversial. Mr. Hissong said he was thinking about the River Road pond. Mr. Applegate said they would keep an eye on the situation.

Mr. Bruns asked if Mrs. Terry had called Mayor Packard about not attending the meeting. Mayor Packard said she had not called so Mr. Bruns asked that it be shown in the minutes that her absence from the meeting be shown as an unexcused absence. Mr. Bruns said he personally found it interesting that some councilmembers could appear on television but not appear at a council meeting.

Mayor Packard asked about the problem with storm water this spring. Mr. Applegate said that the storm water system has been in effect for a long time and the city regularly cleaned and maintained their catch basins. The drainage systems in the plats have been there since the developments were built. Mr. Applegate said that it is a perpetual problem that people fill in their yards with gardens, play areas, etc. and those things prevent water from moving away. Mr. Applegate said the city has never taken the position that it is a city problem. The city helps where they can and he had met with Mr. Bramlage a year ago and the city did a few things that they had said they would but it was a neighborhood problem and a topic for civil courts between the residents. Homeowners have put in storage sheds, pools, etc., without obtaining permits and are blocking storm drainage easements. Anything that the city would do with the situation, like take people to court, would take additional funds. Mayor Packard said he wanted to get it on the record that this is not a problem that the city has created and that the city is not ignoring the problem, and is checking into complaints. Mr. Applegate said they do the best they can and always make sure that the city's system is working. Originally, the design of the development worked well but over the years the residents have disrupted the natural flow of the water which can cause major problems. Mr. Moore added that it was not a simple question. Mr. Applegate said that ever since the city did the storm water utility, they had replaced all the storm water systems on State Route 48 and are working at replacing lines in the developments, putting in larger lines. Mr. Applegate said he has a creek by his house on Martindale Road and he cleans the plants out of the creek four times a year and maintains the creek so that everyone up stream from him does not have problems. Mr. Applegate said that the city has no flooded streets anymore because of their storm water system. The city's system is working and many cities are starting their own system that Union has had in place since the 1980's.
More areas are scheduled for Issue II funding projects and the city will continue to move through and improve drainage and other things in neighborhoods as they continue to get funding.
Mayor Packard said he wanted it on record that the city is concerned and has looked at the problems. He added that cities don't have available "Turn to 2" to make their views or comments known. Mr. Applegate said that areas were saturated due to the heavy rains this spring.

Mr. Applegate said since two councilmembers were absent, he asked that a councilmember bring up the support of the request for levies when the entire council was present, and make sure that everyone was supporting the levies for November 4.

Mr. Applegate said that street resurfacing was scheduled to be done the first of August.

Mr. Moore said the 618 acre annexation was in appeal and the Court of Appeals granted a stay of any further action until the Supreme Court decided whether or not they were going to take the case. The City of Union did not oppose that and the city will file their brief if the court decides to hear the case.

Mrs. Winemiller said she wanted to talk about the storm water situation. She said she read a detailed, lengthy message to Mr. Howard Nathan from "Turn to 2" which was cut for editing purposes. She did point out that the situation was a private property owner's matter. She said this point is reiterated by the fact that developers today include protective covenants on their plats. A standard protective covenant is a storm sewer easements, and the fact property owners are not to build within the easements or modify them and it places the responsibility on the property owner, making it a civil matter.

10. Mayor Packard moved to have an executive session to discuss pending legal matters. He asked that Mr. Applegate, Mrs. Winemiller, and Mr. Moore attend the meeting. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mayor Packard said there would be no action taken.

Mr. Bruns moved that the council meeting be reconvened. Mr. O'Callaghan seconded the motion. All concurred and the council meeting reconvened.

11. Mr. O'Callaghan moved that the council meeting be adjourned. Mr. Bruns seconded the motion. All concurred and the June 23, 2003 council meeting was adjourned.

Respectfully submitted,

_______________________
Denise A. Winemiller,
Clerk of Council
_______________________
Michael O'Callaghan,
Councilmember
_______________________
Robert Packard, Mayor

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