The April 12, 1999 City of Union council meeting was called to order by Mayor Packard. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, Mr. O'Callaghan, and Mr. Beyer. City staff members present were: John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.
Mayor Packard asked for a moment of silence.
1. Mayor Packard asked if there were any comments or corrections on the minutes from the March 22, 1999 meeting. There were no comments so Mr. O'Callaghan moved that the minutes be approved. Miss Gregg seconded the motion. Mr. Beyer abstained, the other councilmembers voted for the motion and the March 22 minutes were accepted as prepared.
2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience.
Eric Sprankle introduced himself and said he was attending the council meeting for an American History School Project.
said he wanted to apologize to the council. He said Mr. Beyer
and Mr. Bruns had pointed out in a letter to the editor that
he had passed out some mis-information. He said he had gotten
his information from the city Focus newsletter and the PAC committee,
which he said Union supports.
Mayor Packard said they would be having an executive session later in the meeting.
Mayor Packard thanked the Union Ladies League and Park Board for sponsoring the Easter egg hunt at Union Elementary School. He said it was well attended and everyone had a good time. He also thanked the park board. Mayor Packard said he was looking forward to next year's Easter celebration. Mrs. Julie Johnson thanked Mayor Packard for attending the celebration.
Mr. Beyer said he said he was sorry he had missed the last two meetings in March. He had been traveling in Europe and had visited NATO installations while the bombing was going on and commented that he had acquired an interesting appreciation of the situation by being outside of the United States.
Mr. Beyer acknowledged
a phone call left on his answering machine from Ron Kidwell asking
him to discuss things but Mr. Beyer said didn't know what Mr.
Kidwell wanted to discuss.
Mr. Arnett disagreed with the statements made by Mr. Beyer. Mayor Packard said that Mr. Beyer had the floor - it was his time to speak.
Mr. Beyer said Mr. Arnett had written a letter to the editor and he was responding to it. In the letter, Mr. Beyer said he was on a similar trip outside of the country last year and some of the members of the council were compared to Nazis. This year, the letter appeared in the Englewood Independent and it stated that defending the constitution was not important to some members of the city council. On June 3, 1972, Mr. Beyer said he took an oath to defend the constitution, and he has done that as an employee of the defense department and will continue to do so. Mr. Beyer said he does not mind a difference of opinion or a disagreement with a city policy, but when people are accused of being Nazis and accused of not defending or supporting the constitution or the county, that becomes personal and Mr. Beyer said it was a sad commentary of the level of civil discourse that they have reached in this community.
Mr. Beyer said the trees on Main Street in the city are spectacular.
thanked the Union Ladies League for a well done Easter egg hunt.
He said the Park Board participated financially but he thanked
Mayor Packard and Mrs. Terry for all their work at the celebration.
Miss Gregg said that most of the hours have been filled for the Relay for Life event.
Miss Gregg welcomed Mr. Sprankle to the meeting. She also wanted to comment on the trees on Main Street saying they have been gorgeous this year.
Mr. Bruns agreed
and asked if they could get some photos of the trees and put
them on the city web site so they could be shared with other
Mrs. Terry asked Mr. O'Callaghan if the Spirit of Union award could include businesses or was just for residential properties. Mr. O'Callaghan said it could include anyone.
Mrs. Terry said she was quoted that she had been misled which was true, in the recent article in the Englewood Independent. She said she would like to get with the Englewood Independent and clarify how she was misled and would like to explain how.
She said the Easter egg hunt was wonderful and that the children really seemed to enjoy it.
Mayor Packard asked Mr. Moore if there was anything Union could do to prohibit adult bookstores, abortion clinics, and adult bars etc. in Union. He said some of the citizens had asked him to check into this.
said he could have Mr. Moore take a look at it, but he felt it
was a non-permitted use in the city zoning codes.
Mr. Applegate reported by the end of the week, Well # 1 should be back on line.
Mr. Moore said
that because so many allegations have been made about truthfulness,
as he has stated before, the fact that something has been said
does not necessarily mean that what is said is accurate or that
the council is guilty of what has been said. Mr. Moore said statements
could be made about public officials and rather than debate these
issues, sometimes the council would choose not to respond in
a forum such as a council meeting.
Chief Gessner said they were getting complaints on loud stereos in cars. No one has been cited yet but the police department has been giving out warnings.
Number 8 on the Attorney's General's top ten list of consumer myths is "that people can not take money directly from your bank account without your written authorization." In fact, Chief Gessner said that merely giving someone your bank account number may result in a withdrawal from your account. People can issue a "demand draft" claiming that the account holder has authorized the withdrawal and the bank may pay it even though there is no signature. The account holder may not know about it until he receives his next statement.
Mayor Packard asked about children riding their bicycles on the sidewalks.
said that bikes are to yield to pedestrians on sidewalks. Bicycles,
skateboard, roller blades, etc., can ride on the sidewalk but
they must yield to pedestrians.
reminded the citizens that it was tornado season. He suggested
they keep track on weather predictions and know where to go during
a tornado, the lowest floor of the home, a windowless room in
the center part of the house, and try to get under something
substantial for extra protection. He said stay away from open
fields, trailer parks, and cars.
4. Mayor Packard moved that the council, Mayor, law director, and City Manager recess into an executive session on personnel matters. Mr. Beyer seconded the motion. All concurred and the meeting recessed into an executive session.
Mr. Beyer moved that the council meeting be reconvened. Mr. Bruns seconded the motion. All concurred and the council meeting was reconvened.
5. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the council meeting was adjourned.
The April 26, 1999 City of Union council meeting was called to order by Mayor Packard. Attendance was taken and the following councilmembers were present: Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, 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, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.
Mayor Packard said that Mr. Terry had contacted him at home and Mrs. Terry was not able to attend the meeting due to an illness in the family. Mayor Packard moved that her absence be excused. Miss Greg seconded the motion. All concurred and Mrs. Terry's absence was excused.
Mayor Packard called for a moment of silence.
1. Mayor Packard asked if there were any questions or comments on the minutes from the April 12, 1999 council meeting. There were none so Mayor Packard moved that the minutes be approved. Miss Gregg 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.
Glynn Marsh from Sweet Potato Ridge Road said there was a serious accident in front of his property where a car flipped over. It was the responsibility of Clayton and they sent out both of their ambulances and the city of Union ambulance also responded. The City of Union police handled the traffic responsibilities even though the accident was in Clayton's jurisdiction. Mr. Marsh said the incident showed the spirit of cooperation between the two cities. He said that they should be very proud of the Union Police Department and Rescue Squad.
Mr. Marsh also
reminded the council that Sunday, May 2 was the second annual
open house for the Randolph Township Historical Society at the
Janice Ward Center in Clayton, from 1:00 to 5:00 Sunday afternoon.
Carolyn Sowders, circulation manager at the Englewood Independent, referring to the shooting incident at Columbine High School in Colorado, commented about some teenagers that had come before the council earlier, asking for a location for skateboarding, etc. She asked if the building for sale next to the YMCA on Martindale Road could be used for area kids. She said she would like the communities to join together and provide some recreational facility for the children to avoid future problems.
Mayor Packard said unfortunately, he felt that providing a recreational area would not be the total answer to the problem. He said that solving problems should begin at home but that they could look into that.
Mr. Gauvy from
McCraw said he was asked by a neighbor about fences in the front
yard. He asked about the requirements. Mayor Packard said there
was an ordinance requiring a permit for fences.
Mr. Joe Moore, regarding the Bell law suit, read the magistrate's decision and conclusions of law, to the council about the clarification of the ordinance on gravel driveways. The court of appeals agreed with the earlier court's decision that the ordinance clarified an existing ordinance. The issue was not about or did not deal with retroactive zoning, it was to clarify the ordinance so the city could define paving.
unanimous Supreme Court decision, Mr. Moore said to keep in mind
that there was a prior court case which raised an issue about
"dictum" that signatures can be withdrawn from petitions,
not removed. The removal statute is clear, but there is a different
question concerning withdrawal, where some residents requested
the withdrawal of their names. Mr. Moore said that was one of
the major issues in the case whether people had the right to
A video was shown, encouraging people to correctly fill our their census form and send it in and explaining the importance of an accurate census. The census assures that people are fairly represented in government, it can affect economics, influences development of new police and fire departments, indicates new areas for building, etc. The census hires local enumerators to help with accuracy. The enumerators will be going door to door, checking maps, and asking questions. They make lists of where people live and check into households that do not send in a completed census.
said there are twelve regional census centers. One is in charge
of Ohio, Michigan, and West Virginia. The center is located in
He explained that the forms will be confidential and any violation of that, people would be subject to a $5,000 fine and five years of imprisonment.
There will be three short forms mailed out for every long form that is sent out. The enumerators will be going to the homes where the people have not returned their forms.
Mr. Marsh said
census records are very important historical information, containing
family information for genealogists, and information on determining
occupations. Census records are kept for approximately seventy
years. Mr. Marsh said the last one that has been released is
the 1920 census.
4. Open Agenda
said he had recently attended the Northmont Chamber of Commerce
luncheon. He said the Northmont area was growing and there were
many plans initiated by Clayton for the future. He said he felt
that all the entities and committees would be working together.
Mr. Beyer said, referring to what Mr. Arnett said about Ordinance 1038, passed in 1995, that several of them had signed a false statement. He said the implication was that they had intended to deceive or mislead the public. Mr. Beyer said that a mistake was made in the typing of the "Whereas" sections of the ordinance. Mr. Beyer said the "Whereas" sections do not contain the actual law or content of the Ordinance. The Mayor, Mr. Beyer, and Mrs. Winemiller signed to pass the ordinance - and there was no intent to mislead or deceived.
On the supreme court decision regarding the fire department, the decision was unanimous but approximately 65% of the people that signed the petition, after receiving further information, decided to withdraw their names from the petition. There was enough ambiguity that Union chose to go forward with the withdrawal of the names.
When the final vote was taken, approximately the same percentage voted to maintain the city's's own fire department.
Mr. O'Callaghan said he appreciated Mrs. Sowders comment and said they were always considering possibilities and as a single community alone, it would be difficult to financially come up with a recreational center.
Mrs. Shields asked about when Old Mill and West Martindale Road would be striped. Mr. Applegate said it was on the schedule to be done.
Miss Gregg said the chamber luncheon was very interesting. She said there are many things going on, including the State Route 48 project, which they felt would be worth the wait and the trouble.
Mr. Bruns said that the people that attended last year's open house, found it very interesting and he recommenced that people try to attend.
said that Sheets Street would be paved some time next week.
said that the planning commission had reviewed a request for
a zoning change for a portion of land located on Old Mill Road.
The developer said the development will be single family attached homes. The name would be Brandywine. There will be doubles and three unit buildings, referred to as cluster homes, 1100 to 1600 square feet in size, priced from 110,000 to 140,000 dollars.
Mr. Beyer moved
to set a public hearing date for June 14, 1999 for a proposed
zoning change for 17 acres north of Phillipsburg-Union Road and
east of Old Mill Road.
Mr. Moore said he wanted to make another comment. A question has risen, asking if a charter city could pass a retroactive ordinance. He said yes, the city can. He used an example of pay raises where paperwork wasn't completed until February or March of a year and it would be retroactive back to January 1. A retroactive ordinance can not be made where a city could take away use of land from someone or take away property rights. The paving driveway issue was not one where they were trying to change the use of a property. The court of appeals decision was that the 1995 ordinance did not impose a new paving requirement for off street parking but merely clarified an existing paving requirement in the 1973 ordinance. This did not affect retroactive laws.
Chief Gessner told about an incident where an officer found a rear door open in a car, with dog food on the seat. He went to the house to inform the resident. The resident said his dog had gotten loose and he was using his car to trap the dog.
Chief Gessner continued with number nine of the Attorney General's ten most common myths: "Only those to whom you give permission can look at your credit report". This is incorrect. Potential employers, landlords, insurance companies and others look at credit reports. The law protects an individual's right to review his own report for accuracy and to challenge any errors.
5. Mr. Beyer moved that the meeting be adjourned. Mayor Packard seconded the motion. All concurred and the meeting was adjourned.
Mayor Packard called the May 10, 1999 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, 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 Dan Gessner, Police Chief.
Mayor Packard had received a note from Mr. Beyer that he could not attend the meeting due to his business. Mayor Packard moved to excuse Mr. Beyer from the meeting. Mr. Bruns seconded the motion. All concurred and his absence was excused.
Mayor Packard asked for a moment of silence.
1. Mayor Packard asked if there were any additions or corrections to the minutes from the April 26, 1999 council meeting. Mr. Bruns said the second paragraph should include that Mrs. Terry's absence was excused. Mayor Packard moved that the minutes be approved with the correction. Mr. Bruns seconded the motion. All concurred and the minutes were accepted as prepared.
2. Mayor Packard asked if there were any comments from citizens and visitors from the audience.
had several questions about housing developments within the City
asked if a pumping station would have to be built. Mr. Applegate
said there would need to be one located on Kley Road and Old
Springfield. The city has another pumping station at Concord
Farms West. In response to Mr. Hansel's question, the developers
would have to run the sewer line from the Kley and Old Springfield
intersection to the new development. Mr. Hansel asked if the
treatment plant could handle the additional homes. Mr. Applegate
said the design was for one million gallons a day and they were
currently in the range of 625,000 gallons. Mr. Hansel asked if
the plant could still handle the new developments. Mr. Applegate
said when the building was completed, in five to ten years, they
will probably be reaching close to the design.
said the 9-1-1 committee from Montgomery County has requested
that the city amend their agreement to include careNow as one
of their secondary answering points. This is an official request
that is being made to each community. Mr. Applegate said this
was another option for medical services. There is no cost to
the community and there will be no changes. This would only be
another alternative and allow them to become part of the 9-1-1
emergency answering system.
4. Open Agenda
Mayor Packard said when driving though town, it was a pleasure seeing how people were taking care of their properties.
Mayor Packard said he had received a letter from the Veteran's Memorial organization that their ceremony would be on Saturday, May 29, at 10:00 at Northmont High School. He recommended that people attend.
Mr. O'Callaghan commented that if anyone had any last minute nominations to the Union Spirit award, he would still be interested.
Mr. O'Callaghan said they had a park board meeting and said they were investigating ramps for skateboarding, checking on costs, etc. They would still have to determine how they could come up with money, where they could place the ramp and other concerns.
Mrs. Shields said that Old Mill Road has been striped and she thanked Mr. Applegate for getting that done.
also commented favorably on Old Mill Road being striped and she
asked if anyone was else was interested in the Relay for Life,
sponsored by the American Cancer Society. Union has a team and
there are a few openings left for walkers.
Mr. Applegate said the base coarse of asphalt is now down on Sheets Street. In the next two to three weeks, he thinks the road will be opened back up. He thanked the residents for bearing with the construction but said that the road was really looking good.
They are currently in the last phase of a plan that was implemented in 1976. Well number one is currently pumping directly into the new water tower located on Shaw Road. After some additional minor work is completed, he said he would like to show the council the new installation and explain what they are now able to do. This will probably occur in the next two or three weeks.
said he had received information about the river scape that was
being built by the City of Dayton. Some cities have donated money.
Englewood recently donated $11,500.00. Communities are starting
to comply with the request of a dollar per resident. He asked
if the council was interested in donating or if they would like
to see a presentation. If they go by the census, it would be
$5,300. Mr. Applegate said that he had not really looked into
the situation until he got some direction from the council.
Mr. Applegate said there was also a memo in the council packets about a study from the City of Fairborn. Union is the third lowest in over all cost effectiveness in a study of twenty-four communities. Mr. Applegate said they would discuss this further in the next city newsletter.
He also pointed out that a copy of the ad for Union in the Dayton Daily News Forecast was included in their council information.
Chief Gessner had number 10 of the Attorney General's top ten list of consumer myths. "Advertisements on radio, TV, and newspapers and magazines are accurate or they would not be in the reputable media." The fact is, "Neither the government nor the media checks the accuracy of ads before they run.
not believe everything they see or hear, especially ads claiming
huge price discounts or wholesale prices."
The May 24, 1999 City of Union council meeting was called to order. Attendance was taken and the following councilmembers were present: Miss Gregg, Mayor Packard, Mrs. Shields, Mr. O'Callaghan, and Mr. Beyer. Other staff members present were John P. Applegate, City Manager, Janet Hamilton, sitting in for Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.
Mayor Packard said Mr. Bruns had called and was on vacation. He moved that his absence be excused. Miss Gregg seconded the motion. All concurred and his absence was excused.
Mayor Packard called for a moment of silence.
Mayor Packard said that they would need to amend the agenda to include swearing in a city employee. He moved that the agenda be amended. Mr. Beyer seconded the motion. All concurred and the agenda was amended.
Mayor Packard asked Michael Kline to step forward. Mr. Kline was sworn in as a part time fire fighter.
1. Mayor Packard asked if there were any additions or corrections to the minutes of the May 10, 1999 meeting. There were none so Mayor Packard moved that the minutes be approved. Miss Gregg seconded the motion. Mr. Beyer abstained, and Miss Gregg, Mayor Packard, Mrs. Shields, and Mr. O'Callaghan voted for the motion. The minutes were accepted as prepared.
2. Mayor Packard asked if there were any comments from the visitors and citizens from the audience.
from 3152 Phillipsburg-Union Road, said that she did not reside
in the City of Union, (even though that portion of Phillipsburg-Union
Road is surrounded on all sides by the City of Union).
Cindy Packet, from Lightner Lane, asked to see the ordinance or regulations concerning skateboards. She was questioning how it was being enforced. She said that the police were allowing bikes and roller blades in the streets but not allowing the skate boards.
Greg Packet, also from Lightner Lane, said he agreed that riding off the curbs into Martindale Road was not a good idea. He suggested that the police take a proactive instead of reactive approach to the situation.
said for safety concerns, they did not want skateboards on the
3. Open Agenda
Mayor Packard and several other councilmembers said they enjoyed participating in the Relay for Life for the American Cancer Society. They thanked Pam Gregg for organizing the teams.
Mayor Packard informed the council of two Memorial Day celebrations, one at 10:00 on May 29, at Northmont High School and one at 1:00 on Monday, May 31, at the VFW in Union.
Mr. Beyer also invited residents to the Memorial Day celebrations, especially the one held in Union.
Mr. O'Callaghan asked Mr. Applegate if Main Street could be repaired. Mr. Applegate said that GTE was responsible for that and he had already contacted them to come out and put in more asphalt.
Miss Gregg commented that she did biking and roller blading but some of the skateboarders seem to come in and out of driveways more frequently than other modes of transportation.
She thanked everyone for their participation in the relay and said they raised about $400.00 for the American Cancer Society.
said that Englewood, as the lead agency, had held the bid opening
for the State Route 48 project on May 21. Five companies made
bids ranging from $4,050,000 to 4,925,000. The low bidder was
Holland, for 4,050,000. Englewood was to award the bid at their
May 25, 1999 council meeting.
Mr. Applegate said that by Thursday, Sheets Street would have the final coating of asphalt. Carla Edwards, from Sheets Street said her yard looked wonderful.
welcomed Michael Kline to the fire department.
Mayor Packard thanked the residents for their comments during the meeting.
4. Mr. Beyer moved that the meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the meeting was adjourned.
On June 14, 1999, the City of Union council meeting was called to order. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, 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, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.
A moment of silence was held.
asked that during the citizens' and visitors' comments portion
of the meeting, anyone with comments about the zoning change,
should wait until the public hearing, saving this portion of
the meeting for other matters concerning the city.
Mr. Beyer moved
that the minutes be accepted as prepared with those corrections.
Mrs. Terry and Mr. Bruns abstained, and Miss Gregg, Mayor Packard,
Mrs. Shields, Mr. O'Callaghan, and Mr. Beyer moved to accept
the minutes. The minutes were accepted as prepared.
3. Mayor Packard then called Nick Scowden to come forward to be sworn in as part-time firefighter.
4. Citizens's and Visitor's Comments
There were no comments from the members of the audience.
5. Public Hearing on 17.4 acres located on the north east corner of Phillipsburg-Union Road and Old Mill Road. Proposed zoning change is from Agricultural-Residential (A-R) to Residential - Planned Unit Development -1, (R-PUD-1)
moved to open the public hearing. Mr. O'Callaghan seconded the
motion. All concurred and the public hearing for a rezoning request
Mr. Applegate showed the location of the property on a map to the council and residents.
Mr. Bruns asked to make some comments before taking questions from the public. He said he was opposed to the development and would not vote for the change in the zoning.
He said they have a good idea from the neighbors on how they felt about the rezoning. He asked if anyone else on council felt the same about the rezoning request.
Mrs. Terry said she was opposed to the zoning change.
Mr. Bruns said
he was not opposed to all rezoning changes to help develop the
city but he did oppose this zoning change.
Mrs. Shields said that after reading the letters and talking with people, she would not be voting for the change.
Miss Gregg said that she tended to agree with the letters, that they were not anti-development, only against this type of development, with this density.
Mr. Bruns said from listening to the council, he did not think that the ordinance would not even come up for a vote.
Mr. Beyer asked if the developer was present. The developer was not at the meeting. Mr. Beyer said he had been on the planning commission for the last seven years. When someone comes in for a zoning request or variance, Mr. Beyer said he felt that the person should appear before the planning commission or city council to speak up for their position. He said his policy was if the proponent did not even show up, Mr. Beyer would not vote in favor of their proposal.
Mr. Beyer said that the city had gone through a referendum process previously with single family homes, apartments, and doubles on Phillipsburg-Union Road. He said there was no point in going forward with such a battle again.
Mr. Beyer said he lived in a planned unit development. Some of the letters referred to crime, and low income, etc. He said that he took that a little personally. In his development, there are only about twenty percent rentals. There are not many school age children and there are no crime and drug problems. Mr. Beyer commented that planned unit developments, cluster homes, condominiums, etc. are not bad things. He said he hoped that residents would not have a fear against multi-family housing since there are a lot of people that don't want to deal with yard work, three bedroom homes, etc.
Mrs. Terry said that the proposed development here was not as upscale or as higher priced. She also thought there were too many units.
Mayor Packard moved to close the public hearing. Mrs. Shields seconded the motion. Miss Gregg voted against the motion, the other councilmembers voted for the motion and the public hearing was closed.
6. FIRST READING - ORDINANCE 1163 - 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. [17.4 acres north of Phillipsburg-Union Road and east of Old Mill Road] (three readings)
There was no motion brought forward on Ordinance 1163. Mayor Packard said the ordinance failed.
Mr. Bruns asked Mr. Applegate to explain the process if this plan would be submitted again.
said that any rezoning request goes before the planning commission
and if worthy to be passed along to the council, it goes to the
councilmembers for a public hearing to be set. Notices are posted
in the newspaper and contiguous property owners are contacted.
A public hearing is held. Since the motion failed, the developer
would have to start at the beginning, going through the planning
Gale McNulty, from Old Mill Road, thanked the council for their comments and for their handling of the ordinance. Mr. McNulty said that this group was not against development of Phillipsburg-Union Road.
Edwards asked about the zoning district, R-PUD-1 not being listed
in the code book in the list of zoning district designations
but regulations for the district were listed. Mr. Applegate said
the codification company omitted the code designation in the
list but there was an R-PUD-1 district.
7. Open Agenda
Mayor Packard said that he had stopped in at the new restaurant, Trish's Cafe and Catering. They will open on June 21st. He was given a tour and he said it would be a very positive thing for the City of Union. He invited people to participate in trying out Trish's and other Union businesses.
Mr. Beyer said there was an editorial in the Englewood Independent about volunteers being the backbone of the festivals in the area. Mr. Beyer said they always see the same faces at the Toll Road Festival each year. Mr. Beyer said he would like to invite everybody to volunteer to work at the festival on September 17, and 18. He said he appreciated the editorial in the paper.
Mr. O'Callaghan said he was also against the rezoning because of the way the ground was going to be developed, but was not against developing Phillipsburg-Union Road.
He asked if the council had seen that the Spirit of Union award has been chosen. The residents selected were Debi and Ken Kessler, 824 West Martindale Road. He said he appreciated how they are keeping their property.
Mr. O'Callaghan also said that Sheet Street looked great.
asked when speed limit signs will be up on Rinehart. Mr. Applegate
said it is 25 mph.
Miss Gregg also welcomed the new volunteers for the fire department. She said the reason why she voted no on closing the public hearing, was because she thought if residents had a strong desire to speak, they should still be allowed to have their say. She said if residents were comfortable with how things went, she was comfortable too.
Mr. Bruns brought
up Metro Parks. He said he thought that the park would be a Union
park, not an Englewood park. He wanted Union's name on the park.
Mr. Applegate said they have talked with Mr. Olinski and he is supposed to be checking on this.
Mr. Bruns also commented that June 14 was Flag Day.
Mrs. Terry thanked everyone for coming to the meeting.
said they had a program with the third graders at Union Elementary
on bike safety. The police department still had use of grant
money and they provided kids with helmets and instructions.
Bergman said they have converted the siren at the fire station
to a tornado warning - controlled by the dispatch center. If
a tornado is cited or a tornado is bearing down on Union, the
siren will be blown. Starting July 5, they will be testing sirens
along with rest of the county, on the first Monday of the month
at noon. If the weather is bad or there is a tornado watch, the
sirens will not be tested on those days.
8. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the meeting was adjourned.
Mayor Robert Packard called the City of Union council meeting to order on June 28, 1999 at 7:30 p.m. Attendance was taken and the following councilmembers were present: Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, Mr. O'Callaghan, and Mr. Beyer. Other city staff members present were Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.
Mayor Packard said that Mrs. Terry had called in and needed to take a family member to the doctor. He moved that her absence be excused. Mr. O'Callaghan seconded the motion. All concurred and her absence was excused.
Mayor Packard said that Mr. Applegate, the City Manager, would not be attending the meeting due to a death in the family.
Mayor Packard asked for a moment of silence.
1. Mayor Packard asked if there were any additions or corrections on the minutes from the June 14, 1999 council meeting. There were none so Mayor Packard moved that the council minutes be accepted as prepared. Mrs. Shields 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.
Glynn Marsh from Sweet Potato Road said he had read an opinion in a local newspaper that bothered him on the request for donations to the river scape project in Dayton. He said the writer was critical of Union and the community for being unwilling to donate the one dollar per person from each of the individual cities that was being requested. Mr. Marsh said that earlier, they had asked for cities not to request money through the ED/GE program so Dayton could use the money. Mr. Marsh said he felt this second request was a little out of line. He said he commended the council for tabling the request for a donation to the river scape project. He said if the matter came off the table, he hoped they would remember the comments.
3. Approval of asking F/Y 2,000 budget.
Mrs. Winemiller said this was the asking F/Y 2,000 budget. The budget committee has already met and reviewed the budget. A meeting, publicized in the local newspaper, was held for questions and comments but no residents attended. Mrs. Winemiller asked for a motion from the council to pass the asking budget. Later in December, the final budget will be adopted.
Mayor Packard moved that the asking F/Y 2,000 budget be approved. Mr. Bruns seconded the motion. The councilmembers all voted for the motion and the asking F/Y 2,000 budget was accepted.
4. ONE READING - ORDINANCE 1164 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $175,000 WATERLINE REPLACEMENT BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF REPLACING AN EXISTING WATERLINE. (waive three readings)
said that in February, the city council had directed the city
manager to do what was necessary to implement the State Route
48 project. The note issue is for the water line replacement
which will take place from Sweet Potato Ridge Road north to Charles
Place on State Route 48. The 1930 line will be replaced. The
city will be doing the work themselves. Mr. Beyer said this will
also close the loop by running the line along River Road and
connecting to Sweet Potato Ridge Road.
Mrs. Winemiller said that the agenda was in error and that they would actually need to have three readings on this note.
Mr. Beyer moved to amend the agenda with regard to item 4, Ordinance 1164, to eliminate waiving the three readings. Miss Gregg seconded the motion. All concurred and the agenda was amended.
Mr. Beyer moved to have the first reading of Ordinance 1164. Miss Gregg seconded the motion. All concurred and ordinance 1164 was passed to the second reading.
5. ONE READING - RESOLUTION 99-04 - A RESOLUTION PROVIDING FOR THE TRANSFER AND ASSIGNMENT OF A CABLE TELEVISION FRANCHISE.
introduced Bob Pugh from Media One and Gerald DeGrazia from Time
Warner. Mr. DeGrazia addressed the council, telling them about
his company. They are working on a complete trade of assets with
Media One. Because of the large base of customers, they will
be able to introduce new services and upgrades in the Dayton
area. Satellites have become more popular than cable services
so Time Warner is responding to that by expanding their channel
capacity. He thought it would take about two years to make all
the upgrades and they will be starting in Dayton. He said they
would be checking back in with the council at different times
and offered to answer any questions that the council might have.
Mr. Beyer asked if after they upgraded the plant, would the facility be able to accommodate high definition television. Mr. DeGrazia said the upgrades they will be doing will be compatible with the fiber optic systems and high definition televisions.
Mr. Beyer then asked if they would need to go into the individual homes for upgrades and he was informed that the current wiring, unless damaged or cracked, should be able to carry the new systems.
A questions was asked by Mrs. Winemiller if the gross revenues from the new services offered to customers would be passed on in the franchise fee that was paid to the city. Mr. DeGrazia said that the new services would be calculated in as part of the gross revenue and included in the franchise fee.
Mrs. Winemiller then asked if the city would still be able to use the cable for emergency announcements. The answer was yes, that the emergency cable system will continue to function as it always has.
then inquired if Time Warner felt comfortable that they could
meet everything within the current franchise agreement. Mr. DeGrazia
said that they felt comfortable that they could meet all the
requirements in a timely fashion.
6. Open Agenda
Mayor Packard said that the newsletter that was sent out had quite an effect. He said he had received several calls on the home maintenance portion of the newsletter. Three of them were from new home owners that were concerned about cracks in their sidewalks, curbs, and driveways. Mayor Packard advised them to contact their builders. He commented that he was pleased citizens were concerned with the city's appearance.
The Mayor said a lot of grocery ads are being thrown in driveways and yards. Mrs. Winemiller said that if they could get a name, they would write to the publisher and ask them to discontinue this practice.
Mayor Packard complimented the city manager and city crew on their hard work on the water line on Frederick Road.
Mr. Beyer thanked
the staff for the newsletter and said it was the best layout
said he had attended the same dinner and
Mrs. Shields said she also appreciated the newsletter and that it contained some very useful information.
Miss Gregg thanked the school district for the dinner and that it was impressive with how they were handling financial concerns and state mandates.
Mr. Bruns said
he liked seeing the property tax breakdown and where the money
is going as demonstrated in the newsletter.
Mrs. Winemiller also said she wished to pass on her condolences to the Durning family and the Applegate family.
Bud Bergman said they will be testing the tornado siren on July
5, unless the weather is bad.