Union City Council Meeting Minutes
Third Quarter 2002
 
July 8, 2002, Meeting Minutes
July 22, 2002, Meeting Minutes
August 12, 2002, Meeting Minutes
August 26, 2002, Meeting Minutes
September 9, 2002, Meeting Minutes
September 23, 2002, Meeting Minutes
 

July 8, 2002

On Monday evening, July 8, 2002, the City of Union council meeting was called to order by Mayor Packard.

Attendance was taken and the following councilmembers were present at the meeting: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer.
Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mayor Packard asked for a moment of silence.

Mayor Packard said Mrs. Terry had contacted him and would not be able to attend the meeting due to an serious illness in the family. He moved that her absence be excused. Mrs. Goudy seconded the motion. All concurred and her absence was excused.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the June 24, 2002 council meeting. There were no corrections so Mayor Packard moved that the minutes be accepted as prepared. Mr. Hissong seconded the motion. All concurred and the minutes of June 24, 2002 were accepted.

2. Citizen's and Visitor's Comments

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

3. THIRD READING - ORDINANCE 1259 - AN ORDINANCE AWARDING A CONTRACT TO RUMPKE WASTE INC. FOR REFUSE COLLECTION WITHIN THE CITY OF UNION. (three readings)

Mr. Beyer moved to have the third reading and adopt Ordinance 1259. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1259 was adopted.

4. THIRD READING - ORDINANCE 1260 - AN ORDINANCE AMENDING CHAPTER 741.17 OF THE UNION CODE, RELATING TO SOLID WASTE COLLECTION. (three readings) (COLLECTION RATES)

Mr. Beyer moved to have the third reading and adopt Ordinance 1260. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1260 was adopted.

5. THIRD READING - ORDINANCE 1261 - AN ORDINANCE AMENDING CHAPTER 741.03 (a) OF THE UNION CODE, RELATING TO SOLID WASTE COLLECTION. (three readings) (STORAGE OF CANS)

Mr. Beyer moved to have the third reading and adopt Ordinance 1261. Mr. Bruns seconded the motion. All concurred and Ordinance 1261 was adopted.

6. Open Agenda

Mr. O'Callaghan announced that the winner of the Spirit of Union award was Sarah and Michael Pace who reside at 101 Old Mill Road.

Mr. O'Callaghan asked if the next meeting would be at the city building. Mr. Applegate said the dais should be installed by the next week.
Mr. O'Callaghan said he had taken a tour and the building was looking very nice.

7. 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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July 22, 2002

The City of Union council meeting was called to order by Mayor Packard. The meeting was held at 7:30 P.M. Monday evening, July 22, 2002 at the City of Union council room.

Mayor Packard called for a moment of silence.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

1. Mayor Packard asked if there were any additions or corrections on the minutes from the July 8, 2002 council meeting. There were none so Mr. O'Callaghan moved that the council minutes be approved. Mr. Beyer seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared.

2. Mayor Packard asked Glen Green to step forward. Mr. Green was sworn in as Union's full time building/zoning inspector.

3. Mayor Packard asked if there were any comments from the citizens and visitors attending the meeting.
Mr. George Stiegler, from 14 Hitching Post wanted to make a statement on the ordinance for income tax. He said he wanted the council to know that both he and his wife were in favor of the income tax.

4. ONE READING - ORDINANCE 1269 - AN ORDINANCE AMENDING THE REGULAR PAY TABLE, ASSIGNING PAY GRADES STEPS/SALARIES AND THE MAXIMUM NUMBER OF FULL-TIME, REGULAR PART-TIME, PART-TIME (SEASONAL) AND AUXILIARY POSITIONS WITHIN THE CITY OF UNION FOR 2002 AND DECLARING AN EMERGENCY.

Mr. Applegate said since the city had hired their first full time building/zoning inspector, they would need to pass this ordinance as an emergency so they would be authorized to pay his salary.
Mr. Bruns moved that Ordinance 1269 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion passed.

Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1269. Mr. Beyer seconded the motion. All concurred and emergency Ordinance 1269 was adopted.

5. FIRST READING - ORDINANCE 1270 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

This is the city's annual street light ordinance that would need to be approved. The charges are the same as last year.

Mr. Bruns moved that they have the first reading of Ordinance 1270. Mr. Beyer seconded the motion. All concurred and Ordinance 1270 was passed to the second reading.

6. FIRST READING - ORDINANCE 1271 - AN ORDINANCE AMENDING CHAPTER 1161.01, ADMINISTRATIVE PROVISION, FIXING AND DETERMINING FEES FOR CERTAIN PROCEDURES SPECIFIED BY THE ZONING ORDINANCE OF THE CITY OF UNION. (three readings)

Mr. Applegate said they were asking the mayor and council to change the charges on items that the planning commission handles, such as zoning variances, special exceptions, etc. These fees have not been changed since the code was adopted in 1973. The cost of advertising and other administrative work has increased so this change would help cover those additional charges.

Mr. Bruns asked about why there was a large jump in price on item number 5. Mr. Applegate said that should be changed from $1,000.00 to $100.00.

Mr. Beyer moved that Ordinance 1271 be amended to read that number 5, the special exception, be $100.00 instead of $1,000.00. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1271 was amended.

Mr. Beyer moved to have the one and only reading and adopt amended Ordinance 1271. Mr. Bruns seconded the motion. All concurred and Ordinance 1271 was adopted.

7. FIRST READING - ORDINANCE 1272 - AN ORDINANCE LEVYING A TAX ON INCOME, AS DEFINED HEREIN, IN ORDER TO PROVIDE FUNDS FOR THE PURPOSES OF GENERAL MUNICIPAL OPERATIONS, AND PERMANENT IMPROVEMENTS OF THE CITY OF UNION. (three readings)

Mr. Applegate said Mr. O'Callaghan had suggested that the council look into passing a city income tax. Mr. Applegate said they had put together some information for the council to examine.

Mr. Applegate explained that this would be the fourth time the city has looked into establishing an income tax. The last time was in 1995. This ordinance is for a proposed one percent credit income tax. If a resident is already paying an income tax to another jurisdiction, they would not pay income tax for Union since the proposal is for only one percent.
A memorandum explaining some further details concerning the income tax had been provided to the councilmembers in their packets. Mr. Applegate asked if the council had any questions.
Mrs. Terry asked about business people and people who were self-employed. Mr. Beyer said anyone that is not paying an income tax somewhere else, will pay a tax on earned income only, not retirement, social security, unemployment, interest earnings, etc. People that are self employed or own a business are treated the same. Mr. Beyer used himself as an example. He does not pay income tax where he works, so if the proposed ordinance would pass, one percent of his salary would go to Union. If people are working and already paying one and a half percent to another city, since the proposed Union tax is only one percent, those people would not have to pay any additional tax to Union.
Mrs. Terry was concerned that this would only generate approximately one hundred thousand dollars. Mr. Beyer said they had tried a no credit income tax and that had failed.
Mr. Beyer said that most people that work already pay income tax, and the way the city conserves money, even one hundred thousand dollars to the general fund would be a significant amount. City council can only pass up to one percent without going to a vote.
Mr. O'Callaghan said as the city would get additional businesses, the income generated by the tax would gradually increase.
Mr. Beyer said the budget gets tighter every year and things get more expensive. He said he has looked at the income tax proposal over the years because of his position on the budget committee and he knows the city needs it.

Mr. Hissong said this would be a good start and that the city has needed this for a long time.

Mr. Bruns said in the handout from Mr. Applegate on the income tax, there were only two other cities in the area with an income tax as low as one percent - Tipp City and New Carlisle. Mr. Bruns said that one percent was not a high amount.

A resident commented that Clayton uses vehicle license fees. Mr. Beyer said that Union does also.

Mr. Beyer moved that have the first reading of Ordinance 1272. Mr. Hissong seconded the motion. All concurred and Ordinance 1272 was passed to the second reading.

8. Open Agenda

There were favorable comments about the remodeled council chamber.

Mayor Packard welcomed Mr. Green to his new position of building and zoning inspector for the city.

Mr. Beyer said the city building looks wonderful and the council dais looks fabulous.
Mr. Beyer asked that the twenty-five mile an hour speed limit on State Route 48 be enforced where they are doing the work at the intersection of Phillipsburg-Union Road.
Mr. Beyer said he saw where Jim Dineen was now the City Manager of Dayton and he asked Mr. Applegate to pass along their congratulations for his new position.

Mrs. Goudy said she concurred with what Mr. Beyer had said about the city income tax and she said she would like to encourage everyone there to get with their neighbors and if they have any questions to contact the council or city hall.

Mr. O'Callaghan said he agreed with what had been said and he thought there would be a lot of misinformation circulating and he thought the city should try to quell that if they could.

He also wanted the city to thank Mill Ridge Village in some way for letting them use their community building. He moved that the council thank Mill Ridge Village and that they appreciated using their facility. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan said the striping for the turn lane has almost disappeared on State Route 48 at Concord Farm Road. Mr. Applegate said the street was on the list to be striped.

Mr. Hissong asked when the sewer line was scheduled to go across the river. Mr. Applegate said they were getting ready to start the project and were going over the final details on the lift station to be installed at Kley Road and Old Springfield. He added that they are hoping to do the work at a time when the road will already be closed when they are doing the work on the east side of State Route 48 so both projects would be done at the same time.
Mr. Hissong thanked everyone for working so hard on the city hall. He said it was beautiful.

Mrs. Terry said she was very pleased with city hall. She welcomed Mr. Green to the City of Union staff.

Mr. Bruns said the city manager did a great job with the remodeling as well as the others. He also welcomed Mr. Green.

Mayor Packard asked that the city manager make sure the two members of the press get the correct information on the city income tax.

Mr. Applegate welcomed Mr. Green and said he was looking forward to having him take over the building inspections. He thought he would be a tremendous asset.

State Route 48 is moving along. The curbs are in on the west side. They anticipate the approaches to be started soon and in three weeks, they will be switching over to the other side.

Mr. Applegate said he wanted to mention a few things concerning the income tax. Some people will be coming forward with an area that they will want to get rezoned which will be an area for the city's first industrial park. That would also increase the financial stability of the city in the years to come.
Since the pool has been closed, the city is considering a water play area, such as the area used in Englewood Centennial park. They are looking at utilizing the park area and the filter room and some of the things that are already there. They would also consider looking at replacing the walk way system in the Concord Farms areas and they would like to put in a walk system to tie into the Metro Park.
They would also like to have money set aside for new ambulances, fire trucks, etc. The money will allow Union to further enhance the city, improve the park systems, etc. He thanked the council for passing the first reading for the income tax.

Mr. Moore said the council should have before them the copy of Judge Hall's decision dated July 17, 2002. For the record, he wanted to go over the matter for the council and the audience.

On July 17, 2002, Judge Mike Hall of the Common Pleas Court issued a decision regarding a case started in 2000. A 648 acre annexation was granted by the Montgomery County Commissioners. Then Butler Township and some other plaintiffs sued the city claiming the city had acted improperly in various manners. On November 6, 2000, the City of Union accepted the annexation by emergency ordinance. Then a lawsuit was filed claiming the city had acted improperly and had moved their meeting improperly so they could accept the annexation, that the emergency ordinance was passed improperly, and they claimed the city failed to give a proper notice. The decision was in favor of the city in all three issues, that the moving of the meetings was done properly, the city was acting properly in passing the emergency ordinance and accepting the annexation, and proper or sufficient notice had been given. The plaintiffs would have thirty days to appeal the decision.

Mayor Packard said he wanted to thank everyone for attending the meeting and invited them to come back again.

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

Respectfully Submitted,

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

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August 12, 2002

The August 12, 2002 City of Union council meeting was called to order by Vice Mayor Mr. Beyer on Monday evening at 7:30 p.m.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer.
Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Bud Bergman, Fire Chief.

Mr. Beyer said that Mayor Packard was ill so he moved to excuse Mayor Packard's absence. Mr. O'Callaghan seconded the motion. All concurred and his absence was excused.

Mr. Beyer called for a moment of silence.

1. Mr. Beyer asked if there were any questions or corrections to the minutes of the July 22, 2002 meeting. There were no comments so Mr. O'Callaghan moved that the minutes be approved. Mr. Hissong seconded the motion. All concurred and the minutes were accepted as prepared.

2. In the citizens and visitors comments, Ron Nunneri from the Englewood Independent said he was sorry that he had reported incorrect information concerning the city income tax. Mr. Beyer said the apology was noted and accepted graciously.

3. SECOND READING - ORDINANCE 1270 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Bruns moved to have the second reading of Ordinance 1270. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1270 was passed to the third reading.

4. SECOND READING - ORDINANCE 1271 - AN ORDINANCE AMENDING CHAPTER 1161.01, ADMINISTRATIVE PROVISION, FIXING AND DETERMINING FEES FOR CERTAIN PROCEDURES SPECIFIED BY THE ZONING ORDINANCE OF THE CITY OF UNION. (three readings)

Mr. Bruns moved to have the second reading of Ordinance 1271. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1271 was passed to the third reading.

5. SECOND READING - ORDINANCE 1272 - AN ORDINANCE LEVYING A TAX ON INCOME, AS DEFINED HEREIN, IN ORDER TO PROVIDE FUNDS FOR THE PURPOSES OF GENERAL MUNICIPAL OPERATIONS, AND PERMANENT IMPROVEMENTS OF THE CITY OF UNION. (three readings)

Mr. Bruns moved to have the second reading of Ordinance 1272. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1272 was passed to the third reading.

6. ONE READING - ORDINANCE 1273 - AN ORDINANCE CONSOLIDATING FOUR BOND ANTICIPATION NOTES ISSUES OF THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mr. Applegate said this was a request from the bond counsel. There are several bond anticipation notes that were approved by council earlier and the bonding company has asked that they be combined as one issue.

Mr. Bruns moved that Ordinance No. 1273 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan 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 1273. Mr. Beyer seconded the motion. All concurred and emergency Ordinance 1273 was adopted.

7. ONE READING - RESOLUTION 02-06 - A RESOLUTION APPROVING AND RATIFYING THE AMENDED MONTGOMERY COUNTY SOLID WASTE MANAGEMENT PLAN.

Mr. Applegate said this was a three year review required by state law in regards to the solid waste plan that was adopted by Montgomery County. A memo with the letter asking for the adoption and the executive summary was included in the council packets. Mr. Applegate said the staff recommends the adoption of this plan.

Mr. Bruns moved to have the one and only reading and adopt Resolution 02-06. Mr. Hissong seconded the motion. All concurred and Resolution 02-06 was adopted.

8. ONE READING - RESOLUTION 02-07 - A RESOLUTION AUTHORIZING THE CITY OF UNION TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM(S) AND TO EXECUTE CONTRACTS AS REQUIRED. (Merrymaid Drive Storm Sewer and Replacement Project)

Mr. Applegate said this was one of three resolutions that the council would be asked to approve. This first one deals with the improvement of storm sewers for Merrymaid Drive. Mr. Applegate said he had just received the maps and distributed those to the council. The project is one with a ten percent match required by the city. The total cost is $305,520.00 and the city's cost would be $30,552.00 with $274,968.00 coming from the state. Mrs. Terry asked where the project would start. Mr. Applegate showed Mrs. Terry on the map, indicating the culvert and storm sewer. This project is for storm sewer only. This is the second time that the city has submitted for this project.

Mr. Bruns moved to have the one and only reading and adopt Resolution 02-07. Mr. O'Callaghan seconded the motion. All concurred and Resolution 02-07 was adopted.

9. ONE READING - RESOLUTION 02-08 - A RESOLUTION AUTHORIZING THE CITY OF UNION TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM(S) AND TO EXECUTE CONTRACTS AS REQUIRED. (Rinehart Road Sanitary Lift Station Elimination Project)

The council also was presented with a map of the project, indicating the replacement of the existing lift station on Rinehart Road. The project cost would be $499,631.00 with the city's share of $49,959.00 and the state share of $449,631.00. This project was also submitted once before.

Mr. Bruns moved to have the one and only reading and adopt Resolution 02-08. Mr. O'Callaghan seconded the motion. All concurred and Resolution 02-08 was adopted.

10. ONE READING - RESOLUTION 02-09 - A RESOLUTION AUTHORIZING THE CITY OF UNION TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM(S) AND TO EXECUTE CONTRACTS AS REQUIRED. (North State Route 48 Improvement Project Phase I)

Mr. Applegate said this would be part of their continual improvement of State Route 48, going all the way up to Quinter Farm Road from Phillipsburg-Union Road. The project cost would be $743,193.00, with the city share of $74,219.00 and the state portion of $667,974.00. This would be done in three phases.
Mr. Beyer asked what the city's chances were for this project to be funded and Mr. Applegate said they might have to submit for it again.

Mr. O'Callaghan moved to have the one and only reading and adopt Resolution 02-09. Mr. Beyer seconded the motion. All concurred and Resolution 02-09 was adopted.

11. Open Agenda

Mr. Beyer said the last three resolutions that the city passed emphasized the need for an income tax. The city has the potential of receiving money for programs as long as the city can come up with their portion of the funds.
Mr. Beyer asked about the progress on the State Route 48 project. Mr. Applegate said the project is going quite nicely. They will soon be ready to lay asphalt on the west side and then be starting on the other side.

Mrs. Terry wished the mayor well and complimented Mr. Beyer on his efficient handling of the meeting.
Mrs. Terry said she was for the city income tax and she was concerned that it would be on a small segment of residents but if the income tax was a no credit tax, all residents would pay and it would be on top of what they pay where they work and she would be opposed to that. She said she knew the council had the right to levy a tax but she would like it to go to the ballot. She said she felt that the city needed the money and they have gone as far as they can without having an income tax.

Mr. O'Callaghan said the Toll Road festival was September 13 and 14 and that he had noticed that the banners were up.
He also mentioned that he had a couple of complaints about the stop sign at Concord Farm Road and Marrett Farm Road. He said people were not paying attention and driving through the intersection. Mr. Applegate said he would have the police check into that.

Mr. Beyer said to respond to what Mrs. Terry at said, the city would not be double taxing people that work in one city and live in the City of Union. Those citizens will only pay one tax, where they work, if there is a tax, or if there is no tax where they work, they will pay the city.

Mr. Applegate said they just received approval on a new well site and he asked for a motion from the council. They had been working with the Ohio EPA for the last eighteen months and they wanted to go out for bids for a new well. Mr. Beyer moved that the council authorize the city manager and staff to go out for bids for proposed well # 4. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Applegate also mentioned that they had started the sidewalk on San Bernardino Trail.

Fire Chief Bud Bergman said he wanted to publicly announce that they received a fire grant from FEMA, the federal government in Montgomery County for the City of Union. The grant was a $57,600.00 grant for air packs and breathing air supply. This is the first time the federal government has given grants to local departments and this is the second year of the program. The Union fire Department is the first department in Montgomery County to receive a grant.

12. Mr. O'Callaghan moved that the council meeting be adjourned. Mr. Bruns 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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August 26, 2002

Mayor Packard called the August 26, 2002, City of Union council meeting to order at 7:30 p.m. on Monday evening.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy and Mr. Beyer.
Mayor Packard asked if Mrs. Terry had contacted city hall. Mrs. Winemiller said she had not so her absence from the meeting was not excused.
Other city staff members present were John Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections on the minutes of the August 12, 2002, council meeting. There were no comments so Mr. O'Callaghan moved that the minutes be accepted as prepared. Mr. Hissong seconded the motion. Mayor Packard abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared.

2. City of Dayton Income Tax Collection Representative will be present to answer councils' and citizens' questions concerning city income tax collection regulations.

Mayor Packard welcomed John C. Beyoglides from the City of Dayton to answer any questions the residents or the council might have about the income tax.
Mr. Kidwell asked about compensation from other wages and incomes. Mr. Beyoglides asked for more specifics on what kind of income. Mr. Kidwell used babysitting as an example. Mr. Beyoglides said that income would be taxable. Distribution from employers, like if a person was retired, was generally not taxable, but again, Mr. Beyoglides said he would need more specific information. He said if Mr. Kidwell had specific questions, and would leave his name and phone number, Mr. Beyoglides would be happy to contact him with the answers.
Mr. Kidwell said he had talked to Mr. Voelkl from the City of Dayton and there were about eight cities that were similar on how they handled income tax so Mr. Kidwell had obtained some information off the Englewood web site. He said the Union ordinance specified that lottery winnings were not taxable and Englewood said they were. Mr. Beyoglides said that Englewood is the only city for which Dayton collects taxes on lottery winnings.
Mr. Applegate said the ordinance that the council had was identical to what Dayton used. Mr. Kidwell had a form with a specific list of information of what was collected by the city of Dayton.

Mr. Kidwell said the ordinance says "other compensations" and he asked what that would be. Mr. Beyoglides said it was other income that was not considered earned income. He was asked if he had a list of those. Mr. Beyoglides said he could give them some examples. Mr. Beyer asked him to read off some of the items besides a salary that would be taxable. Mr. Beyoglides read: commission fees and other income, supplement unemployment benefits, net rental income, net profit from businesses, vacation pay, strike pay, travel expenses, etc.
Mrs. Winemiller asked Mr. Beyoglides to read items that are not taxable. They are welfare benefits, social security, worker's compensation, state unemployment benefits, qualified pension plans, alimony, active duty military pay, proceeds from life insurance, capital gains, etc.

Roger Hansel said he had stocks, bonds, and treasury notes. He asked about capital gains and interest. Mr. Beyoglides said capital gains are not taxable, and dividends and income from stocks are not taxable.
Mr. Applegate said if someone had a business and had questions, they should check with their accountant.
Mr. Hansel said he paid taxes to various cities. Mr. Beyoglides asked him if he was self employed. When Mr. Hansel said he was, Mr. Beyoglides said self employed would pay taxes on earned income and if Mr. Hansel paid taxes at a rate equal to or greater than one percent, that portion of the income would be taxable to Union. When he worked in Union, he would now pay taxes on the net portion of that income, after expenses.

Mr. O'Callaghan asked what the City of Dayton would charge for collection of Union's income tax. Mr. Applegate said it would be in a range of four to five percent. They will negotiate with the City of Dayton and the council would be asked to authorize the agreement.
Mr. Hansel asked if the City of Dayton was handling the taxes. Mr. Applegate said Mr. Beyoglides could not answer that, but it was the city's intent to recommend that Dayton collect the taxes but that would only occur after they meet with them and negotiate a contract.

3. Mayor Packard recognized two individuals that had asked to speak to the council. Mr. Ron Kidwell from 119 McCraw and Mr. Roger Hansel from 212 West Boitnott.

Mr. Hansel said some tar and gravel was put down on the street a few weeks ago on Boitnott, Candy Lane and Hollycrest. He said it was not acceptable and he expected a new road.
Mr. Applegate commented that Mr. Hansel had not supported the street levy and the city was preparing the road for slurry seal which would be done this September. Mr. Hansel said slurry seal was not acceptable. Mr. Applegate said that is what the city could afford.

Mayor Packard recognized Mr. Kidwell who said he had already made his comment on the income tax.

4. THIRD READING - ORDINANCE 1270 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. O'Callaghan moved to have the third reading and adopt Ordinance 1270. Mr. Beyer seconded the motion. All concurred and Ordinance 1270 was adopted.

5. THIRD READING - ORDINANCE 1271 - AN ORDINANCE AMENDING CHAPTER 1161.01, ADMINISTRATIVE PROVISION, FIXING AND DETERMINING FEES FOR CERTAIN PROCEDURES SPECIFIED BY THE ZONING ORDINANCE OF THE CITY OF UNION. (three readings)

Mr. Beyer moved to have the third reading and adopt Ordinance 1271. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1271 was adopted.

6. THIRD READING - ORDINANCE 1272 - AN ORDINANCE LEVYING A TAX ON INCOME, AS DEFINED HEREIN, IN ORDER TO PROVIDE FUNDS FOR THE PURPOSES OF GENERAL MUNICIPAL OPERATIONS, AND PERMANENT IMPROVEMENTS OF THE CITY OF UNION. (three readings)

Mr. Bruns said he wanted to make a comment. He said that at the August 12 council meeting, and mentioned within the council minutes, Mrs. Terry had stated that she was in favor of the city income tax. Though she was not present at the current meeting, he said he wanted to express her interest in passing the income tax.

Mr. Bruns moved to have the third reading and adopt Ordinance 1272. Mr. Beyer seconded the motion. All concurred and Ordinance 1272 was adopted.

7. DISCUSSION ONLY - ORDINANCE 1274 - AN ORDINANCE AMENDING CODE SECTION 1341, SIGN REGULATIONS OF THE CITY OF UNION AS ENACTED BY ORDINANCE NO. 338 AND DECLARING AN EMERGENCY.

Mr. Applegate said this was a recommendation from the planning commission to amend the city's sign regulations. Mr. Applegate introduced attorney Lynette Ballato who had helped with the ordinance.

Mr. Beyer said the planning commission had worked on the sign regulations since January. The city's sign ordinance had not been updated since 1973. Ordinance 1274 had been drafted to follow appropriate case law, supreme court decisions, and they have discussed it for the last several months.
Mr. Moore said that there were regulations governing pre-existing signs and he read that section of the code.
Mr. O'Callaghan asked if a pre-existing sign did not comply with the current regulations, would it still be allowed. Mr. Applegate said if the sign was existing before the 1973 ordinance, it would still be permitted. If the sign was put up after 1973, and was in violation, it would still be in violation.

Mr. Bruns had a few questions on temporary signs. He asked if a new business could put up a grand opening sign. He said banners, etc. were prohibited in the ordinance. Mrs. Ballato said that was true but there were provisions for a variance process. Mr. Bruns wanted to clarify that if a business wanted, they could apply for and possibly obtain a variance and still have grand opening signs, etc.
Mr. Bruns also had a question on temporary signs and sizes. There is no restriction on temporary signs for religious and charitable organizations.
Mr. Applegate said in the existing regulations, those types of organizations were exempt. Now, there are a few restrictions, like they can only be up for thirty days, and they can only be located on the property where the event is taking place. Mr. Bruns asked if they were comfortable without a size restriction. Mrs. Ballato said from a legal point with her research, they usually did not have size restrictions for temporary signs.
Mr. Beyer said the sign could only be up for thirty days and Mr. Applegate said it could only be up for that specific event.
Mr. Bruns thanked the planning commission for putting the ordinance together. Mr. Beyer said they tried to balance the community looking well with everyone's first amendment privileges and also they did not want to burden anyone. Mrs. Ballato said they paid attention to visual obstruction, deterioration, etc.
Mr. O'Callaghan asked about signs advertising developments. Mr. Applegate said the developer would be advised to come to the planning commission for a variance and they could plead their case. The Board of Zoning Appeals could limit the signs or work with the developer. Mayor Packard said that he was concerned about signs for builders, but he thought they had put a lot of effort and time into the regulations. Mr. Applegate said they had increased the fees from $25.00 to $50.00 for a sign permit and the $50.00 variance fee increased to $75.00.
There was no action taken on the proposed ordinance.

8. Open Agenda

Mayor Packard apologized for not attending the last meeting.

He said the doubles on Main Street looked sharp where the road is being reconstructed. Mr. Applegate said since the intersection of State Route 48 and Phillipsburg-Union Road is a major intersection, they will be putting in a railing and lighting the falls.
Mr. O'Callaghan asked about the southwest corner of the intersection. There will be a stone wall with the City of Union name recessed into the stone wall. There will be another wall on the south east corner and some wrought iron on the other corners.

Mayor Packard said the income tax money would not be spent frivolously. They had a list of things that people wanted done - for example, they would like to renovate the pool to a water park. The city would put money towards replacing the walkways in Concord Farms North and West and look into putting in a walkway along the Stillwater River. Mayor Packard said with the addition of the income tax, they would be able to do a lot of things that the city needs.

Mr. Hissong said he was one hundred percent for the income tax.

Mr. O'Callaghan reminded everyone that the Toll Road Festival was September 13 and 14, and that they would still need volunteers.

Mr. Moore advised the council that a notice of appeal had been filed by the plaintiffs concerning Judge Hall's decision which was decided in favor of the City of Union, about the council meeting dates.

Mr. Applegate said a presentation was made to the planning commission about some ground that was annexed on the east side of the river. He showed the location on the map. There was a proposed industrial park area indicated which would be the first one for Union. The income tax and industrial park would help bring stability to the area.
The planning commission had recommended that the council set a public hearing date. Mr. Applegate said the city has been planning this step for years. Money collected by the income tax will enable the city to enhance the infrastructure and re-surface streets instead of using slurry seal, as Mr. Hansel commented before he had left the meeting. An income tax will allow the city to do more for parks and to continue to match funds for obtaining grants.
Mr. Applegate said he would like to ask the council to set a public hearing for October 14. This is recommended by staff and the planning commission.
Mr. Beyer said property owners presented letters requesting the zoning from the city. Mr. Beyer talked to some of the owners and asked them questions and they do want the zoning changed.

Mr. Beyer moved to have the public hearing on the rezoning on October 14, 2002.

Mr. Bruns asked if there was a holiday in there for Columbus Day. Mr. Applegate said the 14 was a holiday and the council had already moved the meeting date to October 15. Mr. Bruns seconded the motion to have the public hearing at the October meeting, on October 15. All concurred and the motion was passed.
Mayor Packard suggested they look into the holiday dates for the rest of the year and Mr. Applegate said they would look into it.
Mrs. Winemiller said she appreciated all the support from the businesses for the Toll Road Festival. With the proceeds from the festival last year, they were able to resurface the basketball courts on West Martindale Road.

9. Mr. Beyer moved that the council meeting be adjourned. Mr. Hissong 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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September 9, 2002

The City of Union council meeting was called to order at 7:30 p.m., Monday evening, on September 9, 2002. Mayor Packard asked for attendance to be taken and the following councilmembers were present: Mr. Bruns, Mr. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer.

Other city staff members present were Denise A. Winemiller, Clerk of Council and Joe Moore, Law Director.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections from the minutes of the August 26, 2002 council meeting. There were no corrections so Mr. O'Callaghan moved that the minutes be accepted as prepared. Mr. Hissong seconded the motion. Mrs. Terry abstained, the other councilmembers voted in favor of approving the minutes and the council minutes were accepted as prepared.

2. Mayor Packard asked if there were any citizens and visitors comments from the audience. Mr. Glynn Marsh spoke in favor of the passage of the sign ordinance. He said the planning commission had spent many hours updating the existing sign ordinance and encouraged the council to vote in favor of the ordinance.

David Stamper was present at the meeting. He talked about his taking the office of mayor in the 1980's and how they had made changes in the police department. He felt it was time to make changes again. He thought that a few of the police officers should be removed.
Mrs. Winemiller asked if Mr. Stamper had spoken to the city manager or the police lieutenant about this. He said he had in 1982 and 1983. He said he did not want to give out names at a public meeting. Mrs. Winemiller suggested that they set up a meeting to discuss the issues that Mr. Stamper was concerned with and also if there were specific individuals he had complaints against. Mr. Stamper indicated he did not want a meeting. Mr. Beyer said he was not familiar with the individual officers and did not know what Mr. Stamper was
referring to. Mr. Stamper relayed two incidents that happened a few years ago about traffic tickets and his complaints about the police officers and then left the meeting.

3. ONE READING - ORDINANCE 1274 - AN ORDINANCE AMENDING CODE SECTION 1341, SIGN REGULATIONS OF THE CITY OF UNION AS ENACTED BY ORDINANCE NO. 338 AND DECLARING AN EMERGENCY.

Mr. Beyer moved that Ordinance 1274 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt emergency ordinance 1274. Mr. O'Callaghan seconded the motion. All concurred and emergency Ordinance 1274 was adopted.

4. Proclamation - "A Day to Remember" concerning September 11, 2001.

Mayor Packard read the proclamation to the council.

5. Open Agenda

Mayor Packard said he was invited along with the councilmembers, police, EMT's, and fire department, to a memorial at the Methodist church, to remember those that have served in the city.

Mr. O'Callaghan invited people to the Toll Road Festival to celebrate the city's togetherness, to remember what had happened last year before the festival (the September 11, 2001 attack) but to continue to celebrate their lives and support the city's festival.

Mr. Hissong asked when Old Springfield Road would be shut down due to the State Route 48 project. Mrs. Winemiller said in a week or two but they would minimize the inconvenience as much as they could.

Mrs. Terry said it was a lovely memorial service at the church.

Mr. Bruns asked if they still needed volunteers and Mrs. Winemiller said they still could use help at the festival.

Mrs. Winemiller also thanked the Methodist church for their service to honor the City of Union firefighters, EMT's and police and that they had a nice dinner afterwards. She said that the police officers really appreciated it.

Mrs. Winemiller thanked attorney Ms. Lynnette Ballato for her assistance in developing the new sign ordinance and for attending the meeting that evening.

She also encouraged everyone to come to the Toll Road Festival and help raise money for Union's community parks.

Mayor Packard asked Ms. Ballato if she had any comments on the sign ordinance and thanked her for her work.
Ms. Ballato said it was a pleasure working with the planning commission. She said they had raised some tough questions and it had really helped in putting together an effective ordinance that would serve the community.

Mr. Moore said that he had received a copy of a decision filed by a judge concerning an annexation petition that was filed in Miami County that was dismissed without a hearing. The judge found that the board's dismissal of the annexation was not lawful. The decision was reversed and that there would have to be an annexation hearing.

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

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

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September 23, 2002

The September 23, 2002 City of Union council meeting was called to order by Mayor Packard on Monday evening at 7:30 p.m.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.
Mayor Packard said that Mrs. Terry had called and said she would be either late or not be able to attend the meeting. He said he would like to wait before making a motion concerning her absence.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections on the minutes of the September 9, 2002 council meeting. There were none so Mr. Beyer moved that the minutes be accepted as prepared. Mr. Bruns seconded the motion. All concurred and the minutes were accepted as prepared.

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

3. Open Agenda

Mayor Packard moved to excuse Mrs. Terry from the meeting. There was no second to the motion and Mrs. Terry's absence was not excused.

Mayor Packard said he really enjoyed talking to people at the Toll Road festival. He said he wanted to thank all the volunteers, especially Denise Winemiller.

Mr. Beyer suggested to the park board president, since 2003 is the bicentennial for the State of Ohio, he thought the T-shirts and festival should acknowledge that with some kind of bicentennial theme.

Mrs. Goudy said this was her first year volunteering at the Toll Road festival and she commented that she throughly enjoyed it and looked forward to working there again next year.

Mr. O'Callaghan thanked everyone for helping at the festival and thanked the councilmembers and their families. He thanked Mrs. Winemiller for her running of the festival.

Mr. Hissong thanked Mrs. Winemiller also and said the festival runs very smoothly with her management.

Mr. Bruns said he also wanted to thank Mrs. Winemiller and he said he would like to do something more formal, like thanking her by a letter or in some way to officially and formally thank her.

Mrs. Winemiller said she appreciated the comments but wanted to thank the staff, the police, the assistance from the maintenance department in setting up the booths and electric, the secretaries in helping with the bike decorating contest, etc. The maintenance staff had to work very hard on Sunday to have the city cleaned up.

Mayor Packard said the Union Methodist church on the corner of Martindale and Montgomery had their ground breaking for their new church on Phillipsburg and Shaw Road. There is also a Baptist church on Shaw Road that is putting up a new church. Mayor Packard said both churches were staying within the City of Union and he was very pleased with that.

Mrs. Winemiller said they had sent out a letter to all the people that had obtained political sign permits to advise them of the new regulations and that signs were not permitted in the public right of way.

The city received petitions for a referendum on the city income tax from Mr. Kidwell. The petitions contained 280 signatures and will be forwarded to the Board of Elections.

The slurry seal program is starting and will be completed this week, weather permitting.

The new refuse contract is starting October 1, 2002 and the city is sending out post cards reminding residents of the change, that everyone's pickup will be on Tuesday.
The curb is being completed on State Route 48 and they will be closing the Old Springfield Road and State Route 48 intersection.
She thanked everyone for their help at the festival. She said she did not have the final figures yet from the Toll Road festival but thought revenues were up $5,000.00 - more figures will be presented at the next meeting.

Mayor Packard asked when the leaf pick up program will start. Mrs. Winemiller said that information was in the recent newsletter and it was the second week in October on a Monday.

4. Mr. Beyer moved that the meeting be adjourned. Mayor Packard seconded the motion. All concurred and the meeting was adjourned.

Respectfully Submitted,

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

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