Union City Council Meeting Minutes
Third Quarter 2000
 
July 10, 2000, Meeting Minutes
July 24, 2000, Meeting Minutes
Aug. 14, 2000, Meeting Minutes
Aug. 28, 2000, Meeting Minutes
Sept. 11, 2000, Meeting Minutes
Sept. 25, 2000, Meeting Minutes
 
 
July 10, 2000

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.

1. Mayor Packard asked if there were any corrections or additions to the minutes from the June 26, 2000 council meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Hissong seconded the motion. All concurred and the council minutes were accepted as prepared.

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.


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

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July 24, 2000

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)

4. 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)

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.

Mayor Packard moved that they have the first reading of Ordinance 1189. Mr. Beyer seconded the motion. All concurred and the motion was passed.

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.
Bases for street lights have been installed from the south corporation limit to Martindale Road. The next stage will be from Martindale to Charles Place. They hope to start putting lights up by Wednesday. Mr. Applegate stated that in three weeks, they should have switched the road over, then the work should move very quickly.

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

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Aug. 14, 2000

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.
3. Mayor Packard said that they had expected David Blackwell to be sworn in as a firefighter but he was not able to attend the meeting due to his work schedule.

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. Applegate asked about a bike path from the Englewood park to the park on Old Springfield Road. Mr. Olinsky said there has been many discussions and they would like to still bring the bikeway around the Meijers area, through the Englewood Reserve, through the Union well field area,and go to the north park at Old Springfield Road and continue further. They have had discussions with Mr. Miller to increase the north park and the bikeway would follow.

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.
The length of the levy would be for a ten year period. On an average home with a real estate value of $100,000, there would be an increase of about $40.00 per year.

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.
Mr. Bruns said that what they were asking for was a fifty percent increase and that they would find it hard to ask any of the Union residents for a fifty percent increase in water, sewer, or trash.
Mr. Beyer asked for a rough estimate on what percentage of the levy would be going towards Riverscape. Mr. Olinsky said about .4 mills with the balance going for additional law enforcement. Mr. Bruns said that would be two-thirds. Mr. Olinsky said the balance would be going towards law enforcement, maintenance, and programing through the entire county. This increase will complete Riverscape, which should be completed by Memorial Day.

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.
He objected to a 180 foot tower dominating the landscape, especially since other builders and developers have planned landscaping and planted trees.
Mr. Marsh said that he had obtained a copy of the letter notifying the contiguous properties of the location of the tower. The road to service the site will come directly out on Sweet Potato Ridge Road at the Old Mill Road intersection. He was also concerned with the height of the tower creating a problem with the airport expansion. The tower was close to a gas transmission line. He was concerned about if the tower would be struck by lightning.
He was worried about what this would do to property values. Mr. Marsh said they have mailed 110 packets of information to various residents and are circulating petitions through the area. Mr. Marsh said they would like to get the Clayton Board of Zoning Appeals to turn down the request for the tower.

Mayor Packard moved to oppose the transmission tower before the Clayton Board of Zoning Appeals. Mr. Beyer asked what the Clayton Board of Zoning Appeals would be doing at the meeting. Mr. Marsh said they would be holding a public hearing for a conditional use of an R-1, residential area. Mr. Beyer said he would like more information about this.
Mr. Applegate said it would affect development in that area. Mr. Applegate said he understood that the council might want more information but they just don't have the time.
Mr. Applegate said that Union does not have another council meeting before the public hearing. What is being requested is not a resolution but a motion opposing the installation of the tower. If the council wants to take action, it would need to take place this night.
Mr. Bruns said the council could send a representative to the Clayton public hearing.
Mr. Applegate said from what was said at the last meeting, he thought that the council was opposed to it. Mr. Applegate said if they don't object to it as a community at that meeting, they may not get another chance.

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.

Mayor Packard moved to have the one and only reading and endorse the Five Rivers MetroParks levy. Mr. O'Callaghan seconded the motion. Mr. Bruns, Mr. Hissong, and Mr. Beyer voted against the motion. Mrs. Terry, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields voted for the motion. Resolution 00-07 was adopted.

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.

Mr. Bruns moved to have the one and only reading and adopt Resolution 00-08. Mr. Beyer seconded the motion. All concurred and Resolution 00-08 was adopted.

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.

This resolution deals with the next cycle of Issue II grants. In the memo, it lists the five projects that the city will be submitting to obtain grant money. Mr. Applegate briefly went through the individual projects. One will be to complete the State Route 48 project. The engineering is completed, the right-of-ways established, and the project would be ready to go if they can get the funds.
Other projects are the Rinehart Road sanitary sewer line extension, Merrymaid Drive storm sewer project, the Morning Glory Lane storm sewer and the resurfacing of Springview Acres # 1. Council is being asked to authorize the city manager to file the applications for funding.
All of the projects are for a ten percent city match. This is a great source of revenue but the city needs to be able to come up with their ten percent match, which is why they need the street levy.

Mr. Bruns moved to have the one and only reading and adopt Resolution 00-09. Mr. O'Callaghan seconded the motion. All concurred and Resolution 00-09 was adopted.

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 that Ordinance 1188 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 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.

14. SECOND 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 to have the second reading of Ordinance 1192. Mr. Bruns seconded the motion. All concurred and Ordinance 1192 was passed to the third reading.

15. Open Agenda

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. Shields said that on Saturday morning she had complaints about two dump trucks traveling down Sweet Potato, Rinehart, and Martindale Road, all day to a house that is being built across from Lindeman Commons. Mr. Applegate said the next time, she should call the police department or Mr. Applegate and they would stop the trucks, since there was an alternate way to go.
Mr. O'Callaghan said the pool party sponsored by the city, YMCA, and the LaSertoma Club was very successful. There were around one hundred kids participating. The deejay said he was happy to see the younger kids enjoying themselves. Mayor Packard thanked the police officers and the EMS that were there in case of an emergency. He also thanked Mrs. Winemiller for her participation.

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.
State Route 48 is proceeding. There was now a big push to get everything ready before school.

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

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Aug. 28, 2000

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.

2. Mayor Packard asked for Frankie Mauro III to step forward to be sworn in as part-time police officer.

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

Carla Edwards asked about items 11 and 12, the charter amendments that would be going on the ballot. Mr. Moore recommended that they amend the agenda and waive three readings to get the amendments to the Board of Elections. Mr. Moore said this was an act that the council had to do. The case law says that these ordinances must appear on the ballot. Mr. Moore explained that to vote for the ordinances to appear on the ballot does not necessarily mean that the council wanted to adopt or agreed with the amendment, only that they needed to go through the procedure to put them on the ballot. Mr. Moore recommended that the three readings be waived and the items passed on the one reading to appear on the ballot.
To further explain the process, Mr. Beyer said that some people had carried a petition to put these ordinances, which are amendments to the charter, on the ballot. Those petitions have been reviewed by the Board of Elections. The Board of Elections had found those petitions to be sufficient and the council, based on case law, had no alternative but to put both proposed charter amendments on the ballot.
Mr. Beyer said whether the council agrees or disagrees, the people did what was required so the council has to comply with the procedure to place the charter amendments on the ballot.
Mr. Bruns felt they were still asking the council to give up their right to choose. Mr. Bruns said the charter amendments could go on the ballot but he did not want the council to have to vote to have the charter amendment to be placed on the ballot.
Mr. Moore said state law says the council needs to get the charter amendments on the ballot. The vote to place the amendments on the ballot is only an administrative act. The council does not have to agree with the charter amendment to place them on the ballot..
Another question was asked that if it went on the ballot and was tested, if the charter for the city could be abolished. Mr. Moore said that if the state statutes would permit that.

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)

Mr. Beyer moved to have the third reading and adopt Ordinance 1192. Mrs. Shields seconded the motion. All concurred and Ordinance 1192 was adopted.

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.
Julie Johnson asked if the council knew that the church property would be for sale later and that had a bigger lot. It was pointed out that property was not adjacent to the fire house. Mr. Beyer said an addition to the fire station is not planned, but the land is available and is next to the existing building so they would have room for future expansion. Mrs. Terry said that it would be a good investment also because they actually were able to purchase the property for under the appraised value given by Montgomery County. Mr. Applegate said that was correct. The appraised value was $76,000 and the city is purchasing the property for $65,000.

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.

9. FIRST 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. 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 suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1197. Mr. Beyer seconded the motion. Mr. Hissong voted against the motion, the other councilmembers voted for the motion and the motion was passed.

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.

Mr. Applegate said this was creating an investment policy with Fifth Third Bank. The city has a Star Ohio account but now there will be a charge for that. Fifth Third has provided the city access to a special account. The city will continue to use Star Ohio but will set up a separate account with the funds required so there will be no charges to the city. To do this, by law, the city has to establish an investment policy. Staff recommends the approval of this resolution.
Mayor Packard asked Mr. Moore if he had found any problems with the resolution. Mr. Moore had not so Mr. Bruns moved that they have the one and only reading and adopt Resolution 00-10. Mr. Beyer seconded the motion. All concurred and Resolution 00-10 was adopted.

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. Beyer wanted to comment on the charter amendments. He said he understood that they were required to get the charter amendments on the ballot. He said he was concerned that they not start changing the charter too casually. He said he understood there were disagreements between the council and the people carrying the petition. He said sometime in the future, the current council and the people that carried the petition would be gone and the new city council twenty or fifty years from now would be dealing with the decisions that were being made today.
Mr. Beyer stated concerning the annexation amendment, that almost all of the territory in Union was acquired by annexation except for the small central portion.
On the amendment regarding the water situation, it has been council's policy to waive tap in fees for people that come into the city through annexation. Fees are not waived for developers or new homes but only for the few existing homes that come into the city through annexation. Mr. Beyer said the portion of the amendment that says that the city must sell water takes away the power of the city council now and in the future and the executive power of the city manager in the future. He was concerned about the possible definition of infrastructure, and that the amendment took away their ability to negotiate a better price for water. He said that the future council and city manager's hands will be tied by the charter amendment. Mr. Beyer said he wondered why the citizens would give away the services of the city in the future without the possibility of negotiating their best deal.

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.
Mr. O'Callaghan asked what the status is of the property next door to the municipal building. Mr. Applegate said there is someone living there. Mr. O'Callaghan said he had thought it was not habitable. Mr. Applegate said possibly they have fixed it up to comply with the county. Mr. O'Callaghan said he would like to know that if the county is allowing the house to be occupied.
Mr. O'Callaghan asked Fire Chief Bergman if he had been at the barn fire on Barnes Road in Clayton and if they had called for mutual aid. Chief Bergman said Union was called about fifteen minutes into the fire. They had called West Milton first, than Union and later Englewood.
Chief Bergman said in rural areas, usually the two closest tankers would be sent.
Mr. Hissong asked about the lights when the street is switched over. Mr. Applegate said that once the street is switched to the west side, they can get to the poles and switch over everything. The sidewalks are almost done now.

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.
Mrs. Terry asked about the franchise agreement with Dayton Power of Light, that Mr. Applegate said this referred to right-of-way only. Mr. Applegate said that was correct.

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. Beyer moved that the city manager be authorized to extend the contract with Air Touch Cellular, now Verizon, for another two years. Mayor Packard seconded the motion. All concurred and the motion was passed.

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

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Sept. 11, 2000

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.
Mr. O'Callaghan stated that he liked the newsletter and it had information that the residents needed, concerning the leaf pick up program and that Beggar's Night was Tuesday, October 31, from 6:00 p.m. to 8:00 p.m.
Mr. O'Callaghan asked about the property next to the city building. Mrs. Winemiller said the Montgomery County Health Department had been called but that they had not gotten back to the city yet.

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.
The last day to register to vote is October 10th for the November 7, 2000 election.

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.
Mr. Beyer said that the city was not investigating or spying on anyone.

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.

6. 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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Sept. 25, 2000

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.

2. Mayor Packard asked if there were any citizen's and visitor's comments on anything else beside the public hearing topics. There were no comments.

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.
Mrs. Terry asked how many properties were around the land being discussed. Mr. Applegate pointed out the several properties that were occupied in the area.
Mr. Miller said the zoning in Butler Township was called B-4 zoning. Mr. Miller said he had no plans at this time for any changes to the property.
Mr. Walker said they wanted the closest zoning that Union had to what they were zoned before being annexed. He said they had no immediate plans for changes but his son had considered doing something with the field house but they were not moving forward on that now.

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.
Mr. Applegate said the staff would recommend the council to approve these two requests for zoning changes. He said since there were no objections, he requested that they amend the agenda and waive the three readings on the ordinances

Mr. Bruns moved to amend the agenda to waive three readings on Ordinance 1193. Mr. O'Callaghan seconded the motion. All concurred and the agenda was amended.

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.

5. Kyle Aughe from Rumpke addressed the council, asking that Union extend their refuse collection contract for an additional year. Mr. Aughe said that the City of Union had one of the most cost effective programs in Montgomery County. He said they have a good working relationship with the city. They would like to extend the existing offer to the city with no price change or change in service. There will be a change in the recycling process so they can handle the newspapers and mixed papers in one container. Mr. Aughe said that Union was one of the first cities to start a recycling program in this area. With the price of the fuel and cost of trucking, they could not extend the contract for more than an additional year at this time. Mr. Applegate provided the city council with area trash collection rates and Union current rates are very favorable.

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.

9. Open Agenda

Mayor Packard said he enjoyed the Toll Road Festival.

Mr. Beyer asked if there were any figures on the Toll Road Festival yet. Mrs. Winemiller said it looks roughly like they made $9,500.00. They are down from the previous year, probably because of the colder weather.

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.

Mr. O'Callaghan asked if the Montgomery County Health Department had gotten back with the city on the property next to the municipal building. Montgomery County has been called but they have not called the city back about the property.

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.
Mrs. Terry said the parking is very bad behind Union Elementary school. She asked if it could be alleviated. Mr. Applegate said the city relieved some of it because of the widening of Martindale. The school won't allow the parents to drive through and drop off the students and won't change their policy. Mr. Applegate said they did not know what else to do. The school has closed off the parking lot entrance off of West Martindale Road.

Mr. Beyer said he had read about Clayton's deal with the water from the City of Dayton. He asked how that would work since it was going down Sweet Potato Ridge Road to State Route 48. He asked if it would be in Englewood's or Union's corporation limit. Mr. Applegate said they were working on drafting a letter asking for a copy of the agreement so the city could take a look at it. He also said Sweet Potato Ridge Road is in the city of Clayton.

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. Beyer moved to have the October, November, and December council meetings on the first and third Monday of the month, to allow for the holidays. Mr. Bruns seconded the motion. All concurred and the motion passed.

Mayor Packard asked that the newspapers be contacted with the date 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.
10. Mr. O'Callaghan moved that the council 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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