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The City of Union council meeting was called to order by Mayor Packard for their July 10, 2000 council meeting. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mark Henry, sitting in for the Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief. Mayor Packard moved to excuse Mr. Beyer from attending the meeting. He said Mr. Beyer had called and would either be late or unable to attend. Mrs. Shields seconded the motion. All concurred and his absence was excused. Mayor Packard
asked for a moment of silence. 2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. There were no comments. 3. Open Agenda Mayor Packard said the State Route 48 project has the curbs in and the roadway is starting to take shape. Mrs. Shields said she liked the property maintenance portion included in the newsletter. Mrs. Terry asked who was to mow around the large cedar trees at the property behind Union Terminal apartments. Mr. Applegate said that is part of the Brethren Homes property. Mr. Applegate said they had been asked to mow already. Mrs. Winemiller said a resident at the last meeting had presented some zoning complaints and he had made arrangements to pick up the information concerning the violations at the council meeting. Mrs. Winemiller said she wanted to make the council aware that they had followed up on his complaints. Mr. Applegate said the work crews intended to start paving the east side of State Route 48 on Wednesday morning, so East Martindale will need to be closed. The next step will be the driveway approaches and sidewalks and within two to three weeks, the traffic will be switched to the other side. Included in the council packet was information on the ED/GE program. This is the end of the first ten years of the ED/GE program. The city can renew their participation and Mr. Applegate said it would be his recommendation that the council sign up for another ten years. Mayor Packard said he would like to see an ordinance to participate in the ED/GE program on the next agenda. Mayor Packard introduced Mark Henry, with an update on the election commission charges. Mr. Henry said the last of the complaints and counter complaints after the last election was finally heard. All the complaints were dismissed but a second look was taken at the Unionfocus web site. They determined that it not like a political action committee. Mayor Packard asked if there had been any noise complaints since they had put the noise signs up. Chief Gessner said they had issued two citations. Mr. O'Callaghan asked if there was any trouble with fireworks. Chief Gessner said there were many complaints about fireworks but there were no injuries that he knew of. Mr. O'Callaghan said he wanted to compliment Union on their cost effectiveness, based on information in the city newsletter compiled by the City of Fairborn. He said the city does get more bang for the buck than most other communities. Mr. O'Callaghan said he thought the Union staff did an excellent job and that they appreciate it. 4. Mayor Packard 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 July 24, 2000 City of Union council meeting to order. Attendance was taken by Clerk of Council, Denise Winemiller, and the following councilmembers were present at the meeting: Mr. Bruns, Mr. Hissong, Mayor Packard, 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 informed the council that Mr. O'Callaghan had called and was out of town and Mrs. Shields contacted the city and was tied up at work. Mayor Packard moved to excuse the absence of Mr. O'Callaghan and Mrs. Shields. Mr. Beyer seconded the motion. All concurred and their absence was excused. Mrs. Terry's absence was not excused. Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any additions or corrections to the minutes from the July 10, 2000 meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. Bruns seconded the motion. Mr. Bruns, Mr. Hissong, and Mayor Packard voted for the motion and Mr. Beyer abstained. There were not enough votes to carry the motion so the council minutes from the July 10, 2000 council meeting will be on the agenda again for the next council meeting. 2. Mayor Packard asked if there were any comments from the citizens and visitors in the office. There were no comments from the audience. Mr. Applegate said the next two ordinances, 1187 and 1188, concerned the issuance of notes, and needed to be passed by an emergency. Since there were not enough councilmembers present to declare an emergency, Mayor Packard moved to table Ordinance 1187 and 1188 to the next meeting. Mr. Beyer seconded the motion. All the councilmembers concurred and the motion was passed. 3. ONE READING
- ORDINANCE 1187 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF
$164,700 PHILLIPSBURG-UNION ROAD UTILITY EXTENSION BOND ANTICIPATION
NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE
OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF THE PHILLIPSBURG-UNION
ROAD UTILITY EXTENSION PROJECT, TOGETHER WITH ALL NECESSARY APPURTENANCES
AND DECLARING AN EMERGENCY. [Seventh renewal] (waive three readings) 5. FIRST READING - ORDINANCE 1189 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE BOARD OF MONTGOMERY COUNTY COMMISSIONERS, MONTGOMERY COUNTY, OHIO. (ED/GE Program) (three readings) Mr. Applegate
said this ordinance deals with information that was passed out
to council at the last meeting concerning the Economic Development,
Government Equity (ED/GE) program. The new agreement would run
from July 1, 2001 to December 31, 2010, a ten year period. Mr.
Applegate said he would recommend continuing their participation
in the ED/GE program. 6. FIRST READING - ORDINANCE 1190 - AN ORDINANCE AMENDING THE UNION CODIFIED ORDINANCES TO INCLUDE CHAPTER 960 THROUGH CHAPTER 966 TO PROVIDE FOR PUBLIC RIGHT-OF-WAY ADMINISTRATION. (three readings) Mr. Applegate explained that the purpose of this ordinance was to create a new code section for right-of-way. Englewood is the lead city on this and several other cities have adopted this type of legislation. Mr. Applegate said that there are many changes occurring in the communications field and this change will enable the city to maintain some control over how the right-of-way is used. People requiring the use of the right-of-way will need to obtain a permit from the city to do business. The city will continue to have a say over how the right-of-way is used with the passage of this legislation. Mayor Packard moved they have the first reading of Ordinance 1190. Mr. Bruns seconded the motion. All concurred and the motion was passed. 7. FIRST READING - ORDINANCE 1191 - AN ORDINANCE GRANTING TO THE DAYTON POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IN THE CITY OF UNION, STATE OF OHIO, FOR A PERIOD OF THREE (3) YEARS, AUTOMATICALLY RENEWING FOR ADDITIONAL PERIODS OF THREE (3) YEARS UNLESS NOTICE IS GIVEN, COMMENCING ON THE EFFECTIVE DATE OF THIS ORDINANCE. (three readings) Mr. Applegate said that Dayton Power and Light had some concerns over the recent right-of-way studies and already have a franchise agreement in place with the City of Union. A twenty-five year contract was passed in 1977 and will expire in 2002. Also, there are changes occurring within Dayton Power and Light and they will be selling their gas service. Ordinance 1191 and 1192 will continue the franchise agreement with Dayton Power and Light for a three year period. If the Dayton Power and Light company would be sold, the city would still have control of the franchise agreement. Mayor Packard moved to have the first reading of Ordinance 1191. Mr. Beyer seconded the motion. All concurred and Ordinance 1191 was passed to the second reading. 8. FIRST READING - ORDINANCE 1192 - AN ORDINANCE GRANTING TO THE DAYTON POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A GAS FRANCHISE IN THE CITY OF UNION, STATE OF OHIO, FOR A PERIOD OF THREE (3) YEARS, AUTOMATICALLY RENEWING FOR ADDITIONAL PERIODS OF THREE (3) YEARS UNLESS NOTICE IS GIVEN, COMMENCING ON THE EFFECTIVE DATE OF THIS ORDINANCE. (three readings) Mr. Beyer moved that they have the first reading of Ordinance 1192. Mr. Bruns seconded the motion. All concurred and Ordinance 1192 was passed to the second reading. 9. Open Agenda Mayor Packard announced that the National LaSertoma Club would be holding another pool party on August 7, from 7:00 to 9:00 for ages 11 to 17 years at the Union Pool. Mayor Packard said they had been doing this for several years and he would encourage people to attend. There will be a deejay and free refreshments. Mr. Beyer asked how State Route 48 was progressing. Mr. Applegate said it was going very well. He said the contractors had worked until 11:30 Friday evening to finish paving the east side of State Route 48. They are also
working on the grading for the sidewalks from south to north. Mr. Applegate asked that the council set up a public hearing date for a zoning change for three properties, one owned by Curt Walker, and two owned by Tom Miller. The properties will be changed from Agricultural-Residential, (A-R) to Light Industrial (L-I). The council was provided with a memo concerning this in their packets and a map was attached to the memo. Mr. Bruns moved that a public hearing date for a zoning change be set for September 25, 2000. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Applegate said that he had included a memo to the council about a resolution to support a levy for Five Rivers Metro Park in November. The councilmembers asked if a representative could attend the meeting. Mr. Applegate said he could call and have someone come out. The council asked that the resolution be included on the agenda for the next meeting. Mr. Applegate said that a property owner from Sweet Potato Ridge had said that Clayton was contacting property owners to see about installing a 150 to 175 foot new radio tower for wireless communications. Mr. Applegate said he would be obtaining additional information and was concerned that the installation of the tower could affect property values. He thought that a representative from the city should attend the Clayton council meeting for additional information. 10. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the council meeting was adjourned. Respectfully
submitted,
Mayor Packard called the meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, 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, Bud Bergman, Fire Chief. Mayor Packard asked for a moment of silence. 1. Mayor Packard said the council had received the July 10, 2000 minutes earlier at the July 24, 2000 meeting but there were not enough votes to approve them. Mr. Moore said that four affirmative votes would be necessary to approve the minutes. Mayor Packard moved that the minutes be approved. Mr. Bruns seconded the motion. Mrs. Terry and Mr. Beyer abstained, Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields voted for the motion and the July 10, 2000 council minutes were accepted as prepared. Mr. Bruns said that in the council minutes, there were four ordinances that went through the first reading. He questioned the language used on the four ordinances, which sometimes said that the "motion was passed" and sometimes said that the "ordinance was passed to the second reading". He said that the statements were correct but asked that the language be consistent on all ordinances to eliminate any confusion. Mrs. Winemiller said the proper way to state it would be that the ordinance was passed to the second reading. 2. Mayor Packard
asked if there were any additions or corrections on the minutes
from the July 24, 2000 council meeting. There were none so Mayor
Packard moved that the minutes be approved. Mr. Bruns seconded
the motion. Mrs. Terry, Mr. O'Callaghan, and Mrs. Shields abstained,
and Mr. Bruns, Mr. Hissong, Mayor Packard, and Mr. Beyer voted
for the motion. The July 24, 2000 council meeting minutes were
approved. 4. Mayor Packard introduced Marvin Olinsky, Director of Five Rivers MetroPaks to address the council on the Five River MetroParks Levy for November 7, 2000. Mr. Olinsky showed a video on the history and benefits of the Five River MetroParks. The facilities are free, they provide recreation and conservation. There are twenty-two facilities in the area. After the video,
Mr. Olinsky said that Five Rivers Metro Parks is one of the leading
park systems in the country. It is very highly respected, innovative,
different, and clean. He asked if anyone had any questions. In
response to a question from Mr. Applegate, Mr. Olinsky said the
millage is .6 tenths of a mill increase, the millage is 1.8.
The Riverscape park has been a big expense. Mr. Olinsky
said that Mr. Hissong said they wanted the new park on Old Springfield
Road named Union Metro Park. Mr. Olinsky said they had not re-named
the park yet - in discussions they had talked about trying not
to name parks after specific municipalities. They do have Englewood
and Germantown, which were named for the dams. Mr. Olinsky asked
the council to give them time and maybe they could come up with
an appropriate name about some historic event in Union, like
how Cox Arboretum was named. Mr. Beyer said a historical name
would be "Sheets". Mr. Olinsky said he would be willing
to work with the council on a name. Mr. Olinsky said even if you have a beautiful park, it needs to be safe or people won't come. He said they need police, and safety, and cleanliness is a concern. If the levy
would fail, they would have to find a different way to manage
Riverscape, they would have to freeze law enforcement and maintenance
and stop hiring staff. They would try again to get the levy.
The existing levy would still be in place until 2003 if the new
levy fails. 5. Mayor Packard asked if there were any comments from citizens and visitors. Mr. Glynn Marsh
from 3473 Sweet Potato Ridge Road addressed the council concerning
the 180 foot transmission tower that was before the Clayton Board
of Zoning Appeals. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed. Mr. Applegate asked who could attend the Clayton Board of Zoning Appeals meeting with him. Mayor Packard said he would go and invited the other councilmembers. A resident complimented the city on how wonderful the lights looked on Main Street. 6. ONE READING
- RESOLUTION 00-07 - A RESOLUTION TO ENDORSE THE FIVE RIVERS
METROPARKS LEVY. 7. ONE READING - RESOLUTION 00-08 - A RESOLUTION AMENDING RESOLUTION 00-01, PLACING A THREE (3) MILL STREET REPLACEMENT LEVY ON THE NOVEMBER 7, 2000 ELECTION BALLOT. Mr. Applegate
said that as stated in the memo, when asking for the street levy,
the title of the resolution was correct but wording within the
body of the resolution needed to be corrected as it contained
the word "continuing" and should have read "five
years". It is just a housekeeping change. The city did not
catch this change in the sample resolution provided by the county
auditor's office. 8. ONE READING
- RESOLUTION 00-09 - A RESOLUTION AUTHORIZING THE CITY MANAGER
TO FILE APPLICATIONS LISTED ON ATTACHMENT A FOR ISSUE II FUNDS
WITH THE DISTRICT 4 PUBLIC WORKS INTEGRATING COMMITTEE FOR THE
PURPOSE OF ACQUIRING FUNDS THROUGH THE PUBLIC INFRASTRUCTURE
CAPITAL IMPROVEMENT PROGRAM PURSUANT TO THE AMENDED SUBSTITUTE
HOUSE BILL 704 AND SECTION 164.01 (A) OF THE OHIO REVISED CODE. 9. ONE READING - ORDINANCE 1187 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $164,700 PHILLIPSBURG-UNION ROAD UTILITY EXTENSION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF THE PHILLIPSBURG-UNION ROAD UTILITY EXTENSION PROJECT, TOGETHER WITH ALL NECESSARY APPURTENANCES AND DECLARING AN EMERGENCY. [Seventh renewal] (waive three readings) Mr. Beyer moved that Ordinance 1187 be declared an emergency for the reasons set forth in the ordinance. Mr. Bruns seconded the motion. All concurred and the motion was passed. Mr. Beyer moved to have the one and only reading and adopt emergency ordinance 1187. Mr. Bruns seconded the motion. All concurred and Ordinance 1187 was adopted. 10. ONE READING - ORDINANCE 1188 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $167,700 WATERLINE REPLACEMENT BOND ANTICIPATION NOTES, FIRST (2000) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF REPLACING AN EXISTING WATERLINE AND DECLARING AN EMERGENCY. [First renewal] (waive three readings) Mr. Applegate
said this was in conjunction with the State Route 48 project.
A new eight inch water line was installed up to Charles Place,
and all new water service lines were installed. Mr. Beyer moved to have the one and only reading and adopt emergency ordinance 1188. Mrs. Shields seconded the motion. All concurred and the Ordinance 1188 was adopted. 11. SECOND READING - ORDINANCE 1189 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE BOARD OF MONTGOMERY COUNTY COMMISSIONERS, MONTGOMERY COUNTY, OHIO. (ED/GE Program) (three readings) Mayor Packard moved to have the second reading of Ordinance 1189. Mr. Beyer seconded the motion. All concurred and the ordinance was passed to the third reading. 12. SECOND READING - ORDINANCE 1190 - AN ORDINANCE AMENDING THE UNION CODIFIED ORDINANCES TO INCLUDE CHAPTER 960 THROUGH CHAPTER 966 TO PROVIDE FOR PUBLIC RIGHT-OF-WAY ADMINISTRATION. (three readings) Mr. Beyer moved to have the second reading of Ordinance 1190. Mr. Bruns seconded the motion. All concurred and the ordinance was passed to the third reading. 13. SECOND READING - ORDINANCE 1191 - AN ORDINANCE GRANTING TO THE DAYTON POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IN THE CITY OF UNION, STATE OF OHIO, FOR A PERIOD OF THREE (3) YEARS, AUTOMATICALLY RENEWING FOR ADDITIONAL PERIODS OF THREE (3) YEARS UNLESS NOTICE IS GIVEN, COMMENCING ON THE EFFECTIVE DATE OF THIS ORDINANCE. (three readings) Mr. Beyer moved
to have the second reading of Ordinance 1191. Mr. Bruns seconded
the motion. All concurred and the ordinance was passed to the
third reading. Mr. Beyer moved
to have the second reading of Ordinance 1192. Mr. Bruns seconded
the motion. All concurred and Ordinance 1192 was passed to the
third reading. Mayor Packard said the people that were cutting the grass and the green spaces were doing an excellent job. The Mayor said
drivers were racing down the new section of Rinehart Road and
asked the police department to patrol the area. Mrs. Terry addressed Mr. Olinsky and said she appreciated the parks but she would still like one of their parks named after Union. Mr. Bruns thanked Mr. Olinsky for attending the meeting and giving his presentation. Mr. Applegate
said they were at the Montgomery County Budget Commission to
ask for the inside millage for the fire/ems fund. This year,
it was approved permanently by a two to one vote. Mr. Applegate said the trees will be back up and decorated in December. They can also do banners for the street lights, to promote the Toll Road Festival. Mr. Applegate requested that they hold an executive session that would include him, Mrs. Winemiller, the Law Director, and the Fire Chief. Police Chief Dan Gessner said he would let the officers know about watching for speeders on Rinehart. Chief Bergman reminded the council that school starts in eight days and to watch out for kids on the streets. 16. Mayor Packard moved to have an executive session for reason stated on the agenda and asked that in addition to the council, Mr. Applegate, Denise Winemiller, Joe Moore, and Bud Bergman also attend. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Beyer moved that the council meeting be reconvened. Mr. Hissong seconded the motion. All concurred and the council meeting reconvened. Mr. Beyer moved that the council authorize the city manager to enter into a purchase agreement for the property at 107 West Martindale Road, in Union, lots forty-nine and fifty on West Martindale road for a purchase price no greater than sixty-five thousand dollars. Mayor Packard seconded the motion. All concurred and the motion was passed. Mr. Beyer said that the property next to the firehouse is available and the city has considered that they may at some time expand the fire house. Since the land is for sale at a reasonable price they decided to take advantage of purchasing the land. If they do expand, they can still utilize the current fire department instead of building a brand new structure. There will be an ordinance at the next council meeting for the purchase of the property. 18. Mr. O'Callaghan moved that the council meeting be adjourned. Mr. Bruns seconded the motion. All concurred and the council meeting was adjourned. Respectfully
submitted,
Mayor Robert Packard called the August 28, City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Joe Moore, Law Director, and Bud Bergman, Fire Chief. Mayor Packard called for a moment of silence. 1. Mayor Packard
asked if there were any corrections or additions to the minutes
of the August 14, 2000 meeting. There were none so Mayor Packard
moved that the council minutes be approved. Mr. Beyer seconded
the motion. All concurred and the minutes were accepted as prepared.
3. Mayor Packard
asked if there were any comments from the citizens and visitors
in the audience. Mr. Marsh said that at the Clayton Board of Zoning Appeals meeting, there had been a strong showing of community support. The council chamber was filled with community residents in support of the resolution the City of Union passed and petitions from Clayton and Englewood in support against the conditional use application of a 180 foot high communications tower. Mr. Marsh thanked everyone for all their help in getting the application for the tower defeated.. 4. THIRD READING - ORDINANCE 1189 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE BOARD OF MONTGOMERY COUNTY COMMISSIONERS, MONTGOMERY COUNTY, OHIO. (ED/GE Program) (three readings) Mr. O'Callaghan moved to have the third reading and adopt Ordinance 1189. Mr. Beyer seconded the motion. All concurred and Ordinance 1189 was adopted. 5. THIRD READING - ORDINANCE 1190 - AN ORDINANCE AMENDING THE UNION CODIFIED ORDINANCES TO INCLUDE CHAPTER 960 THROUGH CHAPTER 966 TO PROVIDE FOR PUBLIC RIGHT-OF-WAY ADMINISTRATION. (three readings) Mrs. Shields moved to have the third reading and adopt Ordinance 1190. Mr. Beyer seconded the motion. All concurred and Ordinance 1190 was adopted. 6. THIRD READING - ORDINANCE 1191 - AN ORDINANCE GRANTING TO THE DAYTON POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IN THE CITY OF UNION, STATE OF OHIO, FOR A PERIOD OF THREE (3) YEARS, AUTOMATICALLY RENEWING FOR ADDITIONAL PERIODS OF THREE (3) YEARS UNLESS NOTICE IS GIVEN, COMMENCING ON THE EFFECTIVE DATE OF THIS ORDINANCE. (three readings) Mr. Beyer moved to have the third reading and adopt Ordinance 1191. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1191 was adopted. 7. THIRD READING
- ORDINANCE 1192 - AN ORDINANCE GRANTING TO THE DAYTON POWER
AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A GAS FRANCHISE
IN THE CITY OF UNION, STATE OF OHIO, FOR A PERIOD OF THREE (3)
YEARS, AUTOMATICALLY RENEWING FOR ADDITIONAL PERIODS OF THREE
(3) YEARS UNLESS NOTICE IS GIVEN, COMMENCING ON THE EFFECTIVE
DATE OF THIS ORDINANCE. (three readings) 8. ONE READING - ORDINANCE 1194 - AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL ESTATE LOCATED AT 107 WEST MARTINDALE ROAD, ADJACENT TO THE CITY OF UNION FIRE STATION 81 FROM DAVID A. HAMMOND AND PHYLLIS J. HAMMOND AND DAVID A. KLEIN AND KATHERINE L. KLEIN. (waive three readings) Mr. Applegate
said at the direction of city council at the last meeting, the
staff had an ordinance prepared to purchase property. Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1194. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Bruns moved
to have the one and only reading and adopt Ordinance 1194. Mr.
Beyer seconded the motion. All concurred and Ordinance 1194 was
adopted. Mr. Bruns moved to have the first reading of Ordinance 1195. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1195 was passed to the second reading. 10. ONE READING - ORDINANCE 1196 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (waive three readings) Mr. Applegate said this was the annual ordinance authorizing the city to submit the list of assessments to the auditor's office for collection of funds for street lights. The overall street light assessment has been reduced to reflect the new appraisals. Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1196. Mr. Bruns seconded the motion. All concurred and the motion was passed. Mr. Beyer moved to have the one and only reading and adopt Ordinance 1196. Mayor Packard seconded the motion. All concurred and Ordinance 1196 was adopted. Mr. Bruns moved that the agenda be amended to reflect waiving the three readings on item numbers 11 and 12. Mr. Beyer seconded the motion. Mr. Hissong voted against amending the agenda. The other councilmembers voted for the motion and the motion was passed. The agenda was amended. 11. ONE READING
- ORDINANCE 1197 - AN ORDINANCE SUBMITTING TO THE ELECTORS OF
THE CITY OF UNION A PROPOSED AMENDMENT TO THE UNION CITY CHARTER,
RELATING TO VOTER APPROVAL OF ANNEXATION OF NEW TERRITORY BY
THE CITY. (waive three readings) Mr. Bruns moved to have the one and only reading and adopt Ordinance 1197. Mr. Beyer seconded the motion. Mr. Hissong voted against the motion, the other councilmembers voted for the motion and Ordinance 1197 was adopted. 12. ONE READING - ORDINANCE 1198 - AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF UNION A PROPOSED AMENDMENT TO THE UNION CITY CHARTER, RELATING TO THE RAISING AND USE OF REVENUES FROM MUNICIPAL WATER AND SANITARY SEWER SERVICES. (waive three readings) Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1198. Mr. Beyer seconded the motion. Mr. Hissong voted against the motion, the other council members voted for the motion and the motion was passed. Mr. Bruns moved to have one and only reading and adopt Ordinance 1198. Mr. Beyer seconded the motion. Mr. Hissong voted against the motion, the other councilmembers voted for the motion and Ordinance 1198 was adopted. 13. ONE READING
- RESOLUTION 00-10 - A RESOLUTION ADOPTING AN INVESTMENT POLICY
FOR THE CITY OF UNION. 14. Open Agenda Mayor Packard said there were many people from Union at the Clayton Board of Zoning Appeals meeting concerning a proposal for placement of a communications tower. He said the Union citizens were ready to protect their portion of the city. He thanked the residents of Union, Clayton, and Englewood for backing a common cause. Mr. Beyer asked
where the city stood on State Route 48. Mr. Applegate said that
if it did not rain, they would probably be ready on Wednesday
or Thursday to move the traffic to the other side. Mr. O'Callaghan
agreed with what Mr. Beyer said. Mr. O'Callaghan also suggested
that people drive by 104 Irongate Drive and see a home that has
been beautifully landscaped. Mr. McFadden's house is the latest
recipient of the Union Spirit Award. Mrs. Terry
said that Mr. Beyer made a few points in his comments about the
charter amendments but that the people in the town have the right
to go to the polls and be a part of the decision making. Mr. Bruns said he wanted to make a comment on the amendments to the charter. Although he made the motion to pass them and voted to have them on the ballot, he said he wanted to make it clear that he was opposed to both amendments. Mr. Bruns commented that as someone had just said, the people do have the right to vote but as elected officials, Mr. Bruns said they were elected to vote their conscious. If everything the council voted on was put to a public vote for the people, everything they did would come to a halt and city business would not get done. Mayor Packard said what they did with the charter amendments was required and the council put it on the ballot regardless of what their opinion was on the amendments. Mayor Packard said it was done because it was requested by the citizens. Mr. Beyer said the Toll Road Festival was September 15 and 16 and they still needed volunteers. Mr. Applegate said that new banners for the festival were on the new street lights. Mr. Applegate
said he needed a motion from the council to extend the contract
that was issued by Air Touch Cellular, originally approved in
1998, the tower that was on top of the water tower. They have
received $6,000 dollars in the past but Air Touch Cellular is
now offering $7,000. The contract would be for a two year period,
but they may not want to extend it an additional year since it
was only to be a temporary situation. The agreement will be considered
one year at a time. Mr. Moore said he appreciated the council following what he considered good advice on the charter amendments. Mr. Moore said he wanted the minutes to reflect that the council and the law director had nothing to do with the text or the language of the petitions. They were done by someone else. The city or city attorney or anyone involved with the city had no part writing the petitions. The city did not draft these documents. These charter amendments would face the same test as any other legislation so the public should be aware that questions will be asked about the language in the two charter amendments. They have to be specific and need to be understood by the residents. The city did not promote this, but by law, Mr. Moore said he felt the amendments had to be passed along to the Board of Elections. Mr. Moore said questions would be asked by what this would mean. The text as it was presented to the council is what was passed along to the Board of Elections. Fire Chief Bud Bergman thanked the council for the future possibilities of buying the land next to the fire department. He said he appreciated their support. 15. Mr. Beyer moved to adjourn the council meeting. Mrs. Shields seconded the motion. All concurred and the August 28, 2000 City of Union council meeting was adjourned. Respectfully
submitted,
Mayor Robert Packard called the September 11, 2000 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, 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. Mrs. Terry's absence was not excused. Mayor Packard asked for a moment of silence. 1. Mayor Packard asked if there were any questions or comments on the minutes from the August 28, 2000 meeting. There were none so Mr. O'Callaghan moved that the council minutes be approved. Mr. Beyer seconded the motion. All concurred and the August 28, 2000 council minutes were approved. 2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. There were no comments. 3. SECOND READING - ORDINANCE 1195 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $65,000 PROPERTY ACQUISITION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING PROPERTY AT 107 WEST MARTINDALE FOR USE BY THE CITY FOR FUTURE EXPANSION OF FIRE AND EMS SERVICES. (three readings) Mr. Beyer moved to have the second reading of Ordinance 1195. Mr. Bruns seconded the motion. All concurred and Ordinance 1195 was passed to the third reading. 4. ONE READING - RESOLUTION 00-11 - A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. Mrs. Winemiller said this was an annual housekeeping resolution done every year. The purpose of the resolution is to certify the various tax rates to Montgomery County. The information was sent to Union the last week in August and is due back to the county before the end of September. In the past, the city has done this as a resolution which only requires one reading. Mr. Bruns moved to have the one and only reading and adopt Resolution 00-11. Mr. Beyer seconded the motion. All concurred and Resolution 00-11 was adopted. 5. Open Agenda Mayor Packard reminded everyone that Halloween was coming and the leaves would be coming down. He commented that children would be out walking around and playing in the leaves so the adults should watch out for them. Mr. Beyer said that the first council meeting date in October was October 9 which was Columbus Day. He moved that the council meeting be moved to Tuesday, October 10, 2000, at 7:30. Mrs. Shields seconded the motion. All concurred and the council meeting date was changed to October 10. Mr. O'Callaghan
said the Toll Road festival was this weekend and volunteers were
still needed. He added that volunteers would receive a free festival
tee-shirt. Mayor Packard said that the reconstruction of State Route 48 had created a hardship for some of the area businesses. He encouraged residents to patronize and support the businesses in the community. Mrs. Winemiller
said there was a new website from the Board of Elections. She
said that you could print out registration forms, and find where
one could vote. Mr. Moore asked Mrs. Winemiller to distribute a copy of an article concerning a legal case on political signs and zoning. The case concerned a city that had regulations that a political sign could be posted seventeen days before an election and should be picked up within 48 hours after the election. These regulations have been judged that they violate the first Amendment, that they are unconstitutional and violate free speech. Mr. Moore said he and the city manager would need to look at the city's ordinance on political signs as will most cities throughout the state. The courts have decided that a city can not put a "durational limit" on political signs. Mr. Moore said
he had heard comments that the city had spent $8,000.00 looking
at or investigating the last election. Mr. Moore said the city
had received a public record request for legal fees involving
the election and the bills were provided. Some invoices have
areas that are "whited out" since those matters deal
with privileged information. The three months of bills did reflect
total charges of $8,000.00 but Mr. Moore said that the amount
that was spent on the election issues was approximately $1,000.00.
The rest of the charges were for other services that the law
director does for the city. Chief Gessner said Union had contracted with the Englewood Police Department to provide additional police officers and security for the Toll Road Festival. In addition, they might get some officers from the Sheriff's Department. In response to a question from a councilman, Union will probably be able to have people provided by the Sheriff's department to help clean up after the festival. Fire Chief
Bud Bergman reminded everyone that the fire department made the
best sugar waffles in town and they would be for sale at the
festival. Respectfully submitted, _________________________
Mayor Robert Packard called the September 25, 2000 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, 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 called for a moment of silence. 1. Mayor Packard
asked if there were any additions or corrections to the minutes
from the September 11, 2000 meeting. There were none so Mayor
Packard moved that the council minutes be approved. Mr. Hissong
seconded the motion. Mrs. Terry abstained, the other councilmembers
voted for the motion and the minutes were accepted as prepared. 3. Public hearing on the rezoning of property from Agricultural-Residential, A-R, to Light-Industrial, L-I, on approximately 41+ acres located north of Old Springfield Road and west of the intersection of Kessler Frederick Road and County Line Road. The property owners are Curt Walker and Thomas O. Miller. Mayor Packard
opened the public hearing. Mr. Applegate said they had advertised
the public hearing as required by law, and had notified adjoining
property owners. There was a map in the council packets showing
the area and Mr. Applegate indicated a map on the wall with the
property to be discussed. The land was brought into the city
by annexation in 1995 as Agricultural-Residential and the property
owners want the zoning changed to Light Industrial. While in
Butler Township, the property as zoned as business. A homeowner
in the area asked why his property was not included. Mr. Applegate
said his particular property was not currently within the city
corporation limits. 4. ONE READING - ORDINANCE 1193 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. (waive three readings) Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1193. Mrs. Shields seconded the motion. All concurred and the motion was passed. Mr. Beyer then
moved to have the one and only reading and adopt Ordinance 1193.
Mr. Bruns seconded the motion. All concurred and Ordinance 1193
was adopted. Mr. Applegate said they would need a motion from the council to extend the contract. Mr. Applegate said the staff would recommend the extension of one year. Mayor Packard moved to extend the City of Union contract with Rumpke for refuse collection for an additional year. Mr. Hissong seconded the motion. All concurred and the motion was passed. Mr. O'Callaghan said he would like to know the participation rate of people that were recycling. Mr. Applegate said they would receive some information on amounts of items that were being recycled for the entire year in January or February and he could provide that information to the council. 6. THIRD READING - ORDINANCE 1195 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $65,000 PROPERTY ACQUISITION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING PROPERTY AT 107 WEST MARTINDALE FOR USE BY THE CITY FOR FUTURE EXPANSION OF FIRE AND EMS SERVICES. (three readings) Mr. Beyer moved to have the third reading and adopt Ordinance 1195. Mr. Bruns seconded the motion. All concurred and Ordinance 1195 was adopted. 7. ONE READING - ORDINANCE 1199 - AN ORDINANCE ACCEPTING THE ANNEXATION OF 53.097 ACRES, MORE OR LESS, IN BUTLER TOWNSHIP, MONTGOMERY COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY. (waive three readings) Mr. Applegate said these next two ordinances were to accept two of the three annexations that were done back in June. This would be the final step to officially accept the land into the city. Mr. Bruns moved that Ordinance 1199 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Bruns moved to have the one and only reading and adopt emergency ordinance 1199. Mr. Beyer seconded the motion. All concurred and Ordinance 1199 was adopted.. 8. ONE READING - ORDINANCE 1200 - AN ORDINANCE ACCEPTING THE ANNEXATION OF 3.771 ACRES, MORE OR LESS, IN BUTLER TOWNSHIP, MONTGOMERY COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY. (waive three readings) Mr. Bruns moved that Ordinance 1200 be declared an emergency for the reasons set forth in the Ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Bruns then
moved to have the one and only reading and adopt emergency Ordinance
1200. Mr. Beyer seconded the motion. All concurred and Ordinance
1200 was adopted. Mayor Packard
said he enjoyed the Toll Road Festival. Mr. Beyer asked how State Route 48 was doing. Mr. Applegate said it was going well and scheduled to be open by December 1. The new trees have been ordered. Curbs will be put in, then Dayton Power and Light will set the new street lights. Also, all the lights on the east side will be able to be charged once the new conduits are put in across State Route 48. Mrs. Shields said where Sweet Potato Ridge intersects State Route 48, there is a hole. She asked if they could fill the hole in. Mr. Applegate said he would bring it to their attention. Mr. O'Callaghan
said that it was a little cool but they had good participation
at the Toll Road Festival. He said he appreciated all the volunteers
that helped. Mrs. Terry said she was glad that the Christmas lights would be up in the city this year. Mr. Bruns asked
about the sidewalk on the State Route 48 project. He asked where
the sidewalks would be. Mr. Applegate said they stop on the east
side at Area Wide services in Englewood and pick back up at the
Union corporation limit at Mr. Mishler's property on the east
side. Between those two points, there will be no sidewalks on
the east side. On the west side, there will be a continuous sidewalk
like there always has been from O. R. Edgington school through
to Charles Place in Union. Mr. Beyer said
that in the next few months of council meetings, there were several
meetings that would occur on Mondays that were holidays, like
Christmas, and that they would have a council meeting immediately
after Thanksgiving. Mr. Beyer asked if for the next three months,
if they could consider having the council meetings on the first
and third Monday instead of the second and fourth. There were
no objections to the change. Mr. Applegate said the Toll Road Festival went very well. He thanked the volunteers. They will be applying slurry seal to some of the streets starting next week. Chief Gessner
thanked the Englewood Police Department for assisting during
the Toll Road Festival. Respectfully submitted, _________________________ |