Union City Council Meeting Minutes
Second Quarter 1999
 
April 12, 1999, Meeting Minutes
April 26, 1999, Meeting Minutes
May 10, 1999, Meeting Minutes
May 24, 1999, Meeting Minutes
June 14, 1999, Meeting Minutes
June 28, 1999, Meeting Minutes

April 12, 1999

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.

Charles Arnett 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.
3. Open Agenda

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. Beyer commented about a letter to the editor of the Englewood Independent from Mr. Arnett, where Mr. Arnett stated that the Mayor, Clerk of Council, and Mr. Beyer had signed a false statement. Mr. Beyer said Mr. Arnett had made that statement to him personally in the past so Mr. Beyer assumed Mr. Arnett was referring to the gravel driveway situation or ordinance. Mr. Beyer said that Mr. Arnett was an opponent to the driveway issue and his son-in-law had filed a suit against the city. A common pleas court magistrate ruled against Mr. Bell in the lawsuit, the decision was confirmed by a judge in the common pleas court in Montgomery County, and the state district court of appeals upheld that decision. Just last week, the Ohio Supreme decided that they were not going to review the case so they let the previous decisions stand. The Supreme Court said it did not involve a constitutional issue. Mr. Beyer said he, the mayor, and the clerk of council did not sign a false statement, and the courts vindicated the ordinance that was passed.

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.

Mr. O'Callaghan 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.

Mr. O'Callaghan said he was seeking nominations for the Spirit of Union award. He asked people to nominate their friends or neighbors for any landscaping or property improvements.

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 people.
He said he also wanted to acknowledge a phone call from Mr. Kidwell that was on his answering machine. He said since the city was currently in litigation he did not respond to the phone call.
Mr. Bruns said he had noticed a statement on a church sign which read "You can't change opinion to truth by raising your voice." He said he thought that was something that they should all think about and live with.

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.

Mr. Applegate 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 said he received confirmation that the bid notice date had been established for the State Route 48 project. The bid opening date is May 21 of this year.

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.
Mr. Moore said on the court cases, he would read certain items to make sure there would be no misunderstanding.
Mr. Moore said on the case with Timmy K. Bell versus the City of Union, Union received an entry from the Supreme Court on April 7, 1999. The entry said: "Upon consideration of the jurisdictional memorandum filed in this case, the court declines jurisdiction to hear the case and dismisses the appeal as not involving any substantial constitutional question." Mr. Moore added that the City of Union prevailed at each level of the court.
Mr. Arnett commented that he agreed that Mr. Moore's statement was accurate.

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.

Chief Gessner 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.
Mayor Packard suggested that information could be included in the next newsletter.

Bud Bergman 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.
There is a fire siren on the firehouse tied into dispatch so they can set it off if there is a tornado. The siren is not designed to wake people up at night but would give some indication that something is wrong.
In response to a question from the Mayor about the siren going off during the day, Chief Bergman said that sometimes when there is a power surge or power outage, the siren can be set off.

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.

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

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April 26, 1999

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.

Mr. Arnett said he had a few comments and he passed out a document to the councilmembers to clarify what Mr. Beyer had said at the preceding council meeting.
He read what Mr. Beyer had said about taking an oath in 1952 to up hold the constitution. Mr. Arnett said he had accused Mayor Packard, Mr. Beyer and Mrs. Winemiller of signing a false statement into the record for Union. Mr. Arnett said Mr. Beyer seems to have denied that. He also said that Mr. Beyer said Mr. Arnett opposed the gravel driveway ordinance and that was not true, he had opposed the retroactive zoning.
Mr. Arnett stated that in the record of the minutes of October 23, Mr. Gerlach asked about making an ordinance retroactive and if Union was a statutory or charter form of government.
Mr. Arnett then went into details concerning his son-in-law's law suit, referring to high-lighted portions of a document. The two false statements Mr. Arnett was referring to was that the ordinance said "whereas the current ordinance does require off street parking areas to be paved" and that the council finds it "necessary and desirable to define paving, not require it." Mr. Arnett said those are the two false statements he is referring to. He said the court case established that the city is not allowed to do retroactive zoning and that is what he set out to do.
He then read a portion of a judge's decision on another matter revised code 3501.38 about removing signatures after a petition is filed. He said the published records is on the people's published web site and there was no reason why anyone should say the decision was not unanimous.

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.
He encouraged everyone to attend.

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. Applegate said they had a summary of the regulations available in the front office. There have been no recent changes in the ordinances. Mr. Applegate said four foot fences were permitted in the front yard.

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.

Regarding the 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 withdraw.

3. Dr. Isaiah Olanipekun Adegbile from the U.S. Department of Commerce will address the council concerning the 2000 Census.

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.

Dr. Adegbile said there are twelve regional census centers. One is in charge of Ohio, Michigan, and West Virginia. The center is located in Detroit Michigan.
They would like to hire people from the community to assist in the census.
There will be two kinds of census forms. The short form will only take ten minutes to complete. The long form will take thirty minutes to complete.

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.
The enumerators will be hired in July and August and will be working until April 1, 2000.

4. Open Agenda

Mayor Packard 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, regarding the suggestion about a location for children to play, he said at one time there were plans for a recreational district but he didn't know if that would be considered again in the future.

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.

Mr. Applegate said that Sheets Street would be paved some time next week.
He said he had been working on the census already and reviewing the existing documents. In checking the addresses, there were 414 addresses that were not listed in the community. Some of the addresses were not on the 1990 census also. That information has been accepted and added to the records. The population is very important concerning money the city may receive and their house seats.

Mr. Applegate said that the planning commission had reviewed a request for a zoning change for a portion of land located on Old Mill Road.
He showed the location on the map. The requested change would be from Agricultural-Residential to Residential - Planned Unit Development-1. The property will have a club house, pool, and tennis courts. Mr. Applegate said the planning commission had asked the council to set a public hearing date for June 14, 1999.

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.
Mayor Packard seconded the motion. All concurred and the motion was passed.

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.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council

___________________________
Lawrence Beyer, Vice-mayor

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May 10, 1999

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.

Roger Hansel had several questions about housing developments within the City of Union.
Mr. Hansel asked how many building permits have been issued in Irongate. Mr. Applegate said he would have to check to get the exact figure but he guessed it would be about 30 homes.
Mr. Hansel asked if the clubhouse on Old Mill Road was for a retirement village. Mr. Applegate said that was the Brethren's Home and was for 62 years old and older. He also commented that there was another retirement development, which Mr. Applegate said is Union Springs. Mr. Hansel said they had already voted last year on cluster homes. He said if he had to, he would put a referendum on these new cluster homes. He said he would like to see some of these developments finished before getting into additional builders.
He asked when Main Street would be torn up for the State Route 48 project and Mr. Applegate said that would be starting after May 21.
He asked when Old Springfield would be closed. Mr. Applegate said that would be closed for five days starting next Monday.
Mr. Hansel commented that the sewer and water lines were going up to Tommy Miller's house and he asked how far up the line was going. Mr. Applegate said the lines would be going up to Miami County and ending at the corporation line. Mr. Hansel asked why the city was doing that and how much money the city was spending on the project. Mr. Applegate said the materials cost $200,000 and the total would probably be $300,000. Mr. Applegate said it was a water line, only. The sewer line goes to the intersection of Kley Road and Old Springfield Road.
Mr. Hansel asked about the fire hydrants and if Mr. Miller was in the city. Mr. Applegate said he is in the city, there is a fire hydrant and the city is extending water services. Mr. Applegate said that Mr. Miller would be submitting plans to the planning commission and council and he could not say what will be in the proposed development.

Mr. Hansel 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.
Mr. Hansel asked about the money spent to run water and sewer to Irongate. The total cost was $310,000.
For Lindeman Commons, the sewer line was already there, they just put in the water line.
In response to another question, Mr. Applegate said that the retirement village would have 76 units and 22 single family homes on one side of Rinehart Road. Mr. Hansel asked if there were doubles in that development and Mr. Applegate said there would be four doubles and the rest were four family units, 76 units in all.
Mr. Hansel said he was concerned about the clusters around the outside of the town. He said he viewed it as a cluster community. He said he was concerned about all the developments. He asked who would develop Brandywine. Mr. Applegate said that Steve Young was the developer. The buildings will be all brick fronts. The public hearing will be on June 14, 1999. After the questions, Mr. Hansel said he had other things to do and he left the meeting.

3. ONE READING - RESOLUTION 99-03 - A RESOLUTION AUTHORIZING THE APPROVAL OF THE PROPOSED AMENDMENT TO MONTGOMERY COUNTY'S 9-1-1 IMPLEMENTATION PLAN.

Mr. Applegate 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.
Mr. Bruns moved to have the one and only reading and adopt Resolution 99-03. Mr. O'Callaghan seconded the motion. All concurred and Resolution 99-03 was adopted.

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.

Miss Gregg 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. Bruns thanked Mr. Marsh and the Historical Society for holding their recent open house. He said many interesting things were there.

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.

Mr. Applegate 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.
The feelings expressed by the council were that they would like to wait and see what money is available later in the year and also get an idea of what the Park Board comes up with on the skateboard ramps and other park equipment.

Mr. Bruns moved to table the donation request for the river scape project. Mrs. Shields seconded the motion. The council will look at this again, later in the year.

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.

Consumers should not believe everything they see or hear, especially ads claiming huge price discounts or wholesale prices."

5. Mayor Packard moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the May 10, 1999 City of Union council meeting was adjourned.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council

___________________________
Lawrence Beyer, Vice-mayor


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May 24, 1999

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.

Pam Jones, 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).
She reported that on Mother's Day, May 9, a Union officer arrested her son for a twenty dollar traffic ticket issued by Miami University. The officer was responding to a warrant issued from Butler County. Mrs. Jones said that the treatment of her son seemed excessive.
Chief Gessner said he had met with Mrs. Jones and they were going over the situation. He said he did not want to comment at that time, since they were still having discussions.
Mr. Applegate said he would get with the Chief and Mr. Moore and check into the situation.

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.

Mayor Packard said for safety concerns, they did not want skateboards on the streets.

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.

Mr. Applegate 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.
The completion date for the project was December 1, 2000.
Mr. Applegate said the project was estimated at 4.8 million so they were pleased that the bidding came in lower.

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.

Bud Bergman welcomed Michael Kline to the fire department.
He cautioned people to be careful not to throw their cigarette butts in the mulch. He said that mulch fires are very frequent this time of year and the initial slow burning can become a big fire.

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.

Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council

___________________________
Lawrence Beyer, Vice-mayor

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June 14, 1999

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.

Mayor Packard 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.

1. Mayor Packard asked if there were any questions or comments on the council minutes from the May 24, 1999 meeting. Miss Gregg asked that her name be corrected to "Gregg" from "Corbin". She also wanted her comment about skateboarders going in and out of traffic changed. She wanted to say that there are times when they do that, not that they always do that.

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.

2. Mayor Packard asked Emily Potts to come forward so she could be sworn in as part-time firefighter/EMT.

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)

Mayor Packard moved to open the public hearing. Mr. O'Callaghan seconded the motion. All concurred and the public hearing for a rezoning request was opened.

Mr. Applegate said that the public hearing was advertised and contiguous property owners were contacted. The proposal is for 83 units, (ten doubles, and twenty-one three family units). Mr. Applegate said that the council had in their possession twelve letters against the development.

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.
Mayor Packard said he would also vote against the 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.

Mr. Applegate 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 commission first.
Mr. Beyer says everyone has the right to go before the planning commission. Mrs. Terry asked if the planning commission can stop it.
Mr. Beyer said that unless there is something grievously wrong, the planning commission passes it on to the council, simply so that the pros and cons may be heard.

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.

Mrs. Carla 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.
In answer to her question, most of the zoning districts were in existence when the codes were developed. A few, like Light-Industrial were added later. Proposed zoning changes must go before planning commission and then council before changes are made.

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.

Mrs. Shields asked when speed limit signs will be up on Rinehart. Mr. Applegate said it is 25 mph.
Mrs. Shields welcomed Emily Potts and Nick Scowden to the fire department.

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.
He moved that the city manager and law director prepare a formal resolution to be sent to the Metro Park District indicating the council's displeasure at the naming of the park.
Mr. Beyer said he is in favor of the suggestion. He said they have already discussed this with Charlie Shoemaker and Marvin Olinski.
Mrs. Shields seconded the motion. All the councilmembers concurred and the motion was passed.

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.

Chief Gessner 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.
He said he wished to thank Whitman's Bike Shop, the police officers, and Dan Hall, principal of Union Elementary, for their support and assistance and the Englewood Independent for their nice article.

Fire Chief 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.
Englewood has one siren and is adding another one or two.
Mayor Packard thanked everyone for coming.

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

Respectfully submitted,

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

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June 28, 1999

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)

Mrs. Winemiller 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.

Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1164. Mr. Bruns seconded the motion. All concurred and the motion was passed.

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.

Mayor Packard 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.
Mayor Packard asked since Time Warner was investing more dollars, how that would affect the cable customers. Mr. DeGrazia said that they will recover a return on their investment gradually, collecting the funds over the next fifteen to twenty years. He said there would be price adjustments and they hoped to entice customers to subscribe to new digital and high speed data services.

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.

Mrs. Winemiller 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.

Mayor Packard moved to have the one and only reading and adopt Resolution 99-04. Mr. Beyer seconded the motion. All concurred the Resolution was passed on the first reading.

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 yet.
Mr. Beyer said he had recently attended the Northmont school district dinner. He said he was expecting to receive some information from Mr. Mabry and said he would be getting back to the council later when he received additional information.

Mr. O'Callaghan said he had attended the same dinner and
he said that the financing was doing well for the schools and they didn't think they would have to go back to the voters for the next few years.

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.
He said he wished to extend his and his wife's condolences to Mr. Applegate's family for their loss.

Mrs. Winemiller also said she wished to pass on her condolences to the Durning family and the Applegate family.

Fire Chief Bud Bergman said they will be testing the tornado siren on July 5, unless the weather is bad.
The fire crew took an apparatus up to the Central Western Convention and won first place again.

7. Mr. Beyer moved that the council meeting be adjourned. Mrs. Shields 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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