Union City Council Meeting Minutes
Second Quarter 2005
 
April 11, 2005, Meeting Minutes
April 25, 2005, Meeting Minutes
May 9, 2005, Meeting Minutes
May 23, 2005, Meeting Minutes
June 13, 2005, Meeting Minutes
June 27, 2005, Meeting Minutes
 

April 11, 2005

Mayor Packard called the April 11, 2005 City of Union council meeting to order at 7:30 p.m., Monday evening.

Attendance was taken and the following council members 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, and Joseph Moore, Law Director.

Mrs. Goudy had contacted Mr. Applegate saying that she was having difficulties where she worked and was not able to attend the council meeting. Mayor Packard moved to excuse Mrs. Goudy from attending the meeting. Mr. Beyer seconded the motion. 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 corrections on the minutes from the March 28, 2005 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. Mrs. Terry abstained, the other council members voted
for the motion and the minutes were accepted as prepared.

2. There were no comments from the citizens and visitors in the audience.

3. Discussion and motion on a renewal application for placement of farmland in an agricultural district for Glynn Marsh and Sue Cummings for property located on Sweet Potato Ridge Road.

Mr. Applegate said this was an application that needed to be renewed every five years and was a process that needed to be done with farmland. Mr. Applegate introduced the property owner, Glynn Marsh, who was present if the council had any questions.

Mr. Beyer moved that the application for placement of farmland in an agricultural district on property located on Sweet Potato Ridge Road owned by Glynn Marsh and Sue Cummings be renewed. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

4. Executive session on personnel matters.

Mayor Packard moved to close the regular council meeting so the council could have an executive session to discuss personnel matters. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mayor Packard asked that Mr. Applegate, Mrs. Winemiller, and Mr. Moore attend the
executive session. Mayor Packard said there would be a motion or
discussion afterwards.

After the executive session, Mayor Packard moved that the council meeting be reconvened. Mr. Beyer seconded the motion. All concurred and the council meeting reconvened.

5. Open Agenda

Mr. O'Callaghan reminded everyone that the park board would be seeking nominations for the Spirit of Union award so he encouraged everyone to get out and spruce up their properties.

Mr. Applegate told the council that the water line was installed along State Route 48 to Baker Road. The city crews were charging the line and the city was waiting on the results of the purity test. Mr. Applegate said they hoped to have everything on line within the next few weeks.

Mr. Applegate announced his plan to retire effective on July 31, 2005 of this year and requested the city council consider following the process to rehire him as City Manager according to the Ohio Revised Code.

Mayor Packard moved that the Clerk of Council give the appropriate notice for the retirement and rehiring of Mr. Applegate as City Manager. Mr. Beyer seconded the motion. All concurred and the motion was passed.

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

Respectfully submitted,

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

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April 25, 2005

Mayor Packard called the City of Union council meeting to order on April 25, 2005, at 7:30 p.m. on Monday evening.

Attendance was taken and the following council members 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 at the meeting due to illness. Mayor Packard moved that Mrs. Terry's absence be excused. 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 of the April 11, 2005 council meeting. There were none so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Hissong seconded the motion. Mr. Goudy abstained, the other council members voted for the motion and the minutes were accepted as prepared.
2. Mayor Packard said there were no forms completed for comments from the
citizens and visitors in the audience.

3. ONE READING - ORDINANCE 1354 - AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL ESTATE LOCATED AT THE CORNER OF STATE ROUTE 48 FROM RONALD R. BUTT AND ALMA F. BUTT AND DECLARING AN EMERGENCY.

Mr. Applegate said this would be the final step in the approved Issue II application for which the city will receive funding. The grant amount was for $271,122 with a ten percent local match from the city of $27,112 and the state putting in $244,010. The city is buying one parcel of ground which includes the Old Springfield Road frontage so the city can improve the vehicular sight distance on this portion of roadway. The ordinance is being presented as an emergency so the change can occur in a timely matter and as a matter of safety. The grant money will be coming in on July 1, 2005.
Mr. Bruns moved that Ordinance 1354 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns moved to have the one and only reading and adopt emergency ordinance 1354. Mr. Beyer seconded the motion. All concurred and emergency ordinance 1354 was adopted.

4. Open Agenda

Mayor Packard said he thought the city was looking very good.
Mayor Packard read a letter from Mrs. Mona T. Hobson on Lutz Drive, complimenting the city for caring and maintaining the pear trees. She appreciated their appearance both in the spring and also when they were lit for the holidays in the winter.

Mr. Beyer asked if Lieutenant Goudy could attend the next council meeting. He said since he has now retired, he was seeing more news reports on abductions, etc. He said he would like to know Ohio's regulations on abductions, sexual offenders, etc. as far as registration and other regulations. He thought it would be beneficial for the council members to hear. Mayor Packard said there was a website with that information. Mrs. Winemiller said she thought the City of Union web site, in the police section, had a link to that site.
Mr. Beyer said he would just like an update on that.

Mr. O'Callaghan said he had a personal comment to make and he reminded everyone of the upcoming school levy. He said Northmont has one of the finest school systems in Montgomery County and has an excellent rating in the state. He said this levy would not increase any taxes. It is a renewal and he hoped everyone would get out and support the levy.
Mr. Hissong said he wanted to compliment the city crews on their installation of the water line on State Route 48. He said the work was completed and the area had been re-seeded.

Mr. Applegate asked if anyone had noticed the new high water signs at the intersections of West Martindale and Old Springfield. The signs are hung on poles and have flashing lights. Mr. Applegate added that they definitely get people's attention. Once the electric lines are installed the signs will automatically open up, alerting people to the high water. A level will be installed that will trip the opening of the signs. Mr. Applegate said he hoped that the county would do the same thing on the other side.

Mr. Moore said that the city has misdemeanor cases that go to the City of Vandalia Court. This week, Mr. Moore said there was an interesting case. Part of the City of Union is now located in Miami County. An arrest took place in Miami County, within the City of Union. A pretrial conference has been set up in Miami County for a misdemeanor that happened in the City of Union.

5. 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 9, 2005

Mayor Packard called the City of Union council meeting to order on May 9, 2005, at 7:30 p.m., Monday evening. Attendance was taken and the following council members were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer.

Other city staff members that were present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mayor Packard stated that Mrs. Terry had not contacted him or the city concerning her absence at the meeting. Mrs. Terry's absence was not excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections to the minutes of the April 25, 2005 council meeting. There were no comments so Mr. Bruns moved that the council minutes be approved. Mr. Beyer seconded the motion. All concurred and the council minutes were approved.

2. There were no comments from the citizens and visitors in the audience.

3. Open Agenda

Larry Beyer stated at the last meeting he requested a presentation by the Police Department on what the state's procedures are concerning sexual predators. Since then, he was informed that the city's police department had a web site link to the state's listing of sexual predators. Additionally, the Englewood Independent had an article concerning this issue in last week's paper. Therefore, he no longer felt it was necessary to have a presentation.

4. Mr. Beyer 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 23, 2005

The City of Union council meeting was called to order on May 23, 2005, at 7:30 p.m., Monday evening. Attendance was taken and the following council members were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer.

Other city staff members that were present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mrs. Terry had not contacted anyone concerning her absence at the meeting. Mrs. Terry's absence was not excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections to the minutes of the May 9, 2005 council meeting. There were no corrections or comments so Mr. Bruns moved that the council minutes be approved. Mr. O'Callaghan seconded the motion. Mayor Packard voted against the motion, the other council members voted for the motion and the council minutes were approved.

2. There were no comments from the citizens and visitors in the audience.

3. ONE READING - ORDINANCE 1355 - 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 that this was to accept the bid for slurry seal application for the city streets. Terry Construction was the lowest bid and they have done the work for the city the last two years. Mr. Applegate said they were waiving the three readings so Terry Construction could get started on the project.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1355. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance number 1355. Mr. Beyer seconded the motion. All concurred and Ordinance 1355 was adopted on the first reading.

4. Open Agenda

Mayor Packard said that people were working very hard on their yards and the city was looking very nice.
Mayor Packard said that at the last meeting, he had been concerned about the health of a resident in his area because his neighbors had informed him that the grass had not been cut, the cars had not been moved, and no one had seen the owner recently. Since then, the grass has been mowed. Mayor Packard said their primary concern had always been for the safety of the resident.

Mr. O'Callaghan said that flowers were blooming and they were looking for a recipient for the Spirit of Union award. He asked that council and residents nominate Union residents for their landscaping and improvements on their property.

Mr. Hissong asked if it was the city crews that were cutting across State Route 48 at the bridge. Mr. Applegate said the state is working on that and not the city crews.

Mr. Bruns asked if there was still a vacancy on the park board. Mayor Packard said he would work on seeing that the vacancy was filled.

Mayor Packard welcomed students from the Northmont Government class and invited them to come back any time.

5. 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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June 13, 2005

The City of Union council meeting was called to order by Mayor Packard on Monday evening, June 13, 2005, at 7:30 p.m.

Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were Denise Winemiller, Assistant City Manager and 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 to the minutes from the council meeting held on May 23, 2005. There were no corrections so Mayor Packard moved that the council minutes be approved. Mr. Beyer seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the council minutes from May 23, 2005 were accepted as prepared.

2. Citizens' and Visitors' Comments

Mrs. Judy Collins reminded everyone that the next day was June 14, Flag Day. She said in driving around during the recent Union city-wide garage sales, she noticed that many Union homes were displaying the American flag. She said she frequently had received compliments about the flag at the city building. Mrs. Collins also gave a brief history of the American flag and the proper way to display the flag.

Mr. Steve Roth said that last year some citizens had formed a committee to promote and support the fire and police levies for Union. Since both levies had passed, the group had just officially closed and they wished to donate the approximately twenty-five dollars left in the treasury to the Fire and EMS department.

Mayor Packard thanked Mr. and Mrs. Roth and the other members for their work on the committee and for the donation of the remaining funds.

3. Open Agenda

Mayor Packard said that he had attended the annual pancake breakfast at Mill Ridge Village, along with the Mike O'Callaghan. The proceeds from the pancake breakfast would go to the Union PTO towards replacing school playground equipment.
Mr. O'Callaghan said that Mill Ridge Village was very community oriented and wanted to be involved with the city.

Mr. Hissong said that the city crews had done a tremendous job in the installation of the sewer and storm sewer lines on State Route 48.

Mrs. Terry said she knew of several cases where people had moved or sold their homes and come back to Union. She said it was nice that there were upscale and different ranges of home sizes and prices that allowed people to stay in Union.

Mr. Bruns clarified that a matter that needed to come before the council would be presented by the law director later in the meeting.

Mrs. Winemiller said that the CCR report on water quality would be mailed to residents before the end of June. She said that the city recently had a few problems with mail delivery so if the council members heard of any difficulties, have the residents call city hall.
Mr. Beyer suggested putting that information in the Dayton Daily News neighborhood section and Englewood Independent as a public service announcement to the community.

Mr. Moore had an item to bring before the council and he read a portion of the city charter to the council members.

Section 2.11. Vacancies; Forfeiture of Office; Filling of Vacancies.

A) Council shall declare the office of Council member or Mayor vacant upon death, resignation, violation of Section 2.03 of this Charter, recall in accordance with Section 6.01 of this Charter, conviction of a crime involving moral turpitude, or failure to attend three (3) consecutive regular meetings of the Council without being excused by a majority of the other members.

B) The Council shall provide written notice by certified mail of its intention to consider whether to declare a vacancy in the Council to any affected Council member accused of conduct which gives rise to removal. The member shall be allowed thirty (30) days to respond to such notification.

Mr. Moore said that if a council member failed to attend three meetings and was not excused by a majority of the council members, the council would have to declare their intent to vacate the council seat, to comply with Section 2.11, B).

Mr. Moore said they would have to then send a written notice to the council member.

Mrs. Terry said that no matter what happens, nobody is going to excuse her.

Mr. Beyer moved to amend the agenda to place the item regarding the vacancy of Mrs. Terry's seat pursuant to Section 2.11 of the City Charter on the agenda. Mr. O'Callaghan seconded the motion. Mrs. Terry and Mayor Packard voted against the motion and Mr. Bruns, Mr. Hissong, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer voted for the motion. The motion was passed.

Mr. Beyer moved pursuant to Section 2.11 of the City Charter, the council declares its intent to consider declaring Mrs. Terry's seat vacant and that further, the council directs the Clerk of Council to send Mrs. Terry a letter, to that effect, giving her thirty days from the date of that letter, to respond to the council's letter, for missing three consecutive required meetings of council without being excused by a majority of the council. Mr. Bruns seconded the motion. Mrs. Terry and Mayor Packard voted against the motion and Mr. Bruns, Mr. Hissong, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer voted for the motion. The motion was passed.

Mr. Bruns asked Mr. Moore, if by voting against the motion, if they would be in violation of the charter. Mr. Bruns asked if the council would have to pass the motion to be in compliance with the charter.
Mr. Moore said that the council had to send the letter but they might have some other facts to consider later and the council was not mandated to declare the seat vacant. Mr. Moore quoted Section 2.03 D) Council shall be the sole judge of the qualifications of its members. Mr. Moore said that Mrs. Terry must respond to the letter and if not, the council would move forward in the process. He said that thirty days from the date of the letter, Mrs. Terry would need to respond in writing and she could also say what she wanted at the next council meeting. Mr. Bruns said the council had no choice but to vote in the affirmative for the motion. He disagreed with the council members that voted against the motion. Mayor Packard said that there were other circumstances that would be brought out later.

Mr. Beyer said the matter discussed concerned the fact that Mrs. Terry had not been excused from three consecutive council meetings. Mayor Packard asked about those three particular meetings. Mr. Bruns had copies of the minutes and said that on May 23, there was no motion. On May 9, there was no call from Mrs. Terry and no motion was made. On April 25, Mrs. Terry had contacted the Mayor at his home and there had been a motion to excuse her but no second to the motion.

Mr. Moore said Mrs. Terry should send her response to the Clerk of Council.

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

The June 27, 2005 City of Union council meeting was called to order by Mayor Packard at 7:30 p.m., Monday evening.

Attendance was taken and the following council members 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.

Respectfully submitted,

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

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June 27, 2005

Mayor Packard called for a moment of silence.

1. Mayor Packard then asked if there were any additions or corrections to the council minutes from the June 13, 2005 meeting. There were none so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. All concurred and the council minutes were accepted as prepared.

2. Mayor Packard indicated there were three people that wished to address the council.
Marlin Applegate, Wastewater Superintendent for Union said that the city had three power surges that had affected the wastewater treatment plant by taking it off line and they had to start the plant up each time which slowed down the treatment process. A variable speed drive unit on the main blower had been hit by lightning or was taken out from a power surge and the city had ordered a replacement which was to come by the next day. The failure of the damaged part combined with the weather conditions and humidity was interfering with the normal treatment process and an odor had been noticed. Mayor Packard said that there rarely was an odor coming from the wastewater treatment plant.
The City Manager has asked Marlin Applegate to attend the meeting to explain the situation and they assured everyone that the odor was not a health hazard. Mr. Applegate said when they apply sludge, they try to make sure the wind is not blowing towards the town because that can create a slight odor.
Mr. John Applegate, City Manager, said that part of the treatment process is adding air to the decomposition and anytime there is a loss of power and the blowers go down, the microorganisms die very quickly and become septic, which creates the odor. When the process is started back up, it takes several days for the plant to get everything back up to speed. The city is working with Dayton Power and Light concerning the spikes in the electrical system. Mr. Applegate said that on Wednesday, Friday, and Saturday, the plant had to be restarted. He said they were doing everything they could and responding as quickly as possible. Mr. Applegate added that part of the treatment process does create a musty odor and that is normal for a wastewater treatment plant.

Mayor Packard identified Jack Anderson from Butler Township. Mr. Anderson said he wanted to clarify that the wastewater had nothing to do with the drinking water and Mr. Applegate said that was correct. He then asked if the power spikes were storm or lighting related or if the problem was the amount of power coming in.
Mr. Marlin Applegate said he was not sure of the cause. Mr. Applegate said sometimes some lines touch due to high winds and that can cause it. Mr. Applegate said that the plant has protection from lighting strikes. Mr. Anderson thought there could be a problem with the feed line. Mr. Applegate said the control panel was taken out during the incident and it would take a major surge of power to do that.
The City Manager said they had asked Dayton Power in Light to check into that.

The Wastewater Treatment plant superintendent, Mr. Marlin Applegate offered to take anyone interested on a tour to the treatment plant.

Mr. Gary Johnson from the audience said they had a similar problem in Xenia. They had asked Dayton Power and Light to come out and the city was able to prove to them that it was their problem. Mr. John Applegate said they had talked to an engineer and they would be checking it out because it was happening so frequently.

Mr. Packard identified another resident who had wanted to address the council but she said her questions had been answered.

Mrs. Judy Collins was recognized by the Mayor to discuss Independence Day. Mrs. Collins talked about Betsy Ross and George Washington and the history of the first flag.

3. ONE READING - ORDINANCE 1356 - AN ORDINANCE PROVIDING FOR THE
ISSUANCE OF $206,900 CITY BUILDING IMPROVEMENT BOND ANTICIPATION NOTES, FOURTH (2005) 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.
Mr. Applegate said that this was the first of several bond anticipation notes that needed to be renewed. This one is the fourth renewal and is for the improvements to city hall. All of these notes have been passed by three reading, according to the city's charter requirement. The city has complied with charter requirements and they need to pass these notes or they would be in default of the note. They are passed by emergency with one reading this time so the city can get the best interest rate possible.

Mr. Bruns moved that Ordinance 1356 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1356. Mr. Beyer seconded the motion. All concurred and Ordinance 1356 was adopted.

4. ONE READING - ORDINANCE 1357 - AN ORDINANCE PROVIDING FOR THE
ISSUANCE OF $155,800 WATER SYSTEM IMPROVEMENT BOND ANTICIPATION NOTES, THIRD
(2005) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVING THE CITY'S WATER SYSTEM BY INSTALLING NEW PRODUCTION WELL NUMBER 4 AND DECLARING AN EMERGENCY.

Mr. Bruns moved that Ordinance 1357 be declared an emergency for the reasons set forth in the ordinance. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1357. Mr. Beyer seconded the motion. All concurred and Ordinance 1357 was adopted.

5. ONE READING - ORDINANCE 1358 - AN ORDINANCE PROVIDING FOR THE
ISSUANCE OF $89,800 WATERLINE REPLACEMENT BOND ANTICIPATION NOTES, SIXTH
(2005) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF REPLACING AN EXISTING WATERLINE AND DECLARING AN EMERGENCY.
Mr. Bruns moved that Ordinance 1358 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1358. Mr. Beyer seconded the motion. All concurred and Ordinance 1358 was adopted.

6. ONE READING - ORDINANCE 1359 - AN ORDINANCE PROVIDING FOR THE
ISSUANCE OF $23,000 PROPERTY ACQUISITION BOND ANTICIPATION NOTES, SIXTH
(2005) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION 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. Bruns moved that Ordinance 1359 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1359. Mr. Hissong seconded the motion. All concurred and Ordinance 1359 was adopted.

7. ONE READING - ORDINANCE 1360 - AN ORDINANCE PROVIDING FOR THE
ISSUANCE OF $93,300 MERRYMAID STORM WATER SEWER SYSTEM IMPROVEMENT BOND ANTICIPATION NOTES FIRST (2005) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVING THE CITY'S STORM WATER SEWER SYSTEM BY REPLACING EXISTING CORRODED METAL PIPES AND OTHER CORRODED FIXTURES AND DECLARING AM EMERGENCY.

Mr. Bruns moved that Ordinance 1360 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.
Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1360. Mr. Beyer seconded the motion. All concurred and Ordinance 1360 was adopted.

8. ONE READING - ORDINANCE 1361 - AN ORDINANCE PROVIDING FOR THE
ISSUANCE OF $106,700 STATE ROUTE 48 IMPROVEMENT PROJECT (PHASE II) BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE CITY'S PORTION OF THE COST OF IMPROVEMENTS TO STATE ROUTE 48, AND DECLARING AN EMERGENCY.

Mr. Bruns moved that Ordinance 1361 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1361. Mr. Beyer seconded the motion. All concurred and Ordinance 1361 was adopted.

9. ONE READING - ORDINANCE 1362 - AN ORDINANCE CONSOLIDATING SIX BOND
ANTICIPATION NOTE ISSUES OF THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mr. Applegate said that with this ordinance, they were consolidating the previous six bond issues into one note and that way they could obtain a better interest rate.

Mr. Bruns moved that Ordinance 1362 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1362. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1362 was adopted.

10. Discussion and action on ORDINANCE 1363.

Mr. Applegate said when the city council accepted the annexation of the Water Wheel Farm last year, that was the last annexation done under the old annexation laws. Also, some of the ground annexed in Butler and Union Township seceded from the township to the city. In looking at this annexation, Mr. Applegate said they recommended doing the process with this land also for conformity. Anything annexed under the new regulations cannot secede from the township.

The reason for the emergency is to pass as soon as possible so the city can begin collecting the millage that will come to them.

11. ONE READING - ORDINANCE 1363 - AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO FILE A PETITION WITH THE BOARD OF COUNTY COMMISSIONERS OF MIAMI COUNTY, OHIO TO WITHDRAW THE PROPERTY DESCRIBED HEREIN FROM UNION TOWNSHIP AND DECLARING AN EMERGENCY.

Mr. Bruns moved that Ordinance 1363 be declared an emergency for the reasons set forth in the ordinance. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1363. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1363 was adopted.

12. Open Agenda

Mayor Packard said he had enjoyed watching the NABL teams play over the weekend. He said he was glad they were able to play within the city.
Mayor Packard also talked about some problems with kids and their paint ball activities at a certain location and Mr. Applegate said if the Mayor would provide him with the address, they would check into it and make sure that there were no violations of any city regulations.

Mr. Beyer, referring back to Mayor Packard's paint ball complaints, asked Mr. Moore a question about an assault and filing a complaint. Mr. Moore briefly explained the process. Mr. Beyer said that if people were being assaulted with paint ball guns, they would need to step forward and file a complaint. Mayor Packard said he would work with the police department and encourage the people to contact the police.

Mr. O'Callaghan said it was nice to see the ball fields filled to capacity last Saturday. Mr. O'Callaghan also mentioned that the city still had an opening on the park board and they were also looking for nominee's for the Spirit of Union award.

Mr. Hissong said he had seen children riding bicycles without lights, late at night. Mr. Hissong was concerned that they were young, around twelve years old. He was advised to let the police know.

Mrs. Terry said that she would be turning in a letter to Denise.

Mr. Moore said that the city is enforcing the zoning ordinances that they have and are ready to file another case so they have four or five cases pending now in the Vandalia Court. The zoning code is being enforced.

13. 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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