Union City Council Meeting Minutes
Third Quarter 2004
 
July 12, 2004, Meeting Minutes
August 6, 2004, Meeting Minutes
August 9, 2004, Meeting Minutes
September 13, 2004, Meeting Minutes
September 27, 2004, Meeting Minutes
 
 

July 12, 2004

Mayor Packard called the July 12, 2004 City of Union council meeting to order on Monday evening, at 7:30 p.m.

Attendance was taken and the following council members were present: Mrs. Goudy, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mr. Bruns, 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 called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections for the minutes of the June 28, 2004 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared. Mayor Packard seconded the motion. Mrs. Goudy, Mrs. Terry, and Mr. O'Callaghan abstained, and Mr. Hissong, Mayor Packard, Mr. Bruns, and Mr. Beyer voted for the motion. The motion passed and the minutes were accepted as prepared.

2. Citizens' and Visitors' Comments

Mayor Packard noted there were no comments from the citizens and visitors in the audience.

3. THIRD READING - ORDINANCE 1318 - AN ORDINANCE PROVIDING FOR THE
ISSUANCE OF $100,000 MERRYMAID STORM WATER SEWER SYSTEM IMPROVEMENT BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVING THE CITY'S STORM WATER SEWER SYSTEM BY REPLACING EXISTING CORRODED METAL PIPES AND OTHER CORRODED FIXTURES. (three readings)

Mr. Bruns moved to have the third reading and adopt Ordinance 1318. Mr. Beyer seconded the motion. All concurred and Ordinance 1318 was adopted.

4. ONE READING - ORDINANCE 1319 - AN ORDINANCE ADOPTING A STATEMENT
INDICATING THE SERVICES THE CITY OF UNION, WILL PROVIDE TO THE 79.840 ACRE TERRITORY PROPOSED TO BE ANNEXED FROM BUTLER TOWNSHIP, MONTGOMERY COUNTY TO THE CITY OF UNION AND BUFFER REQUIREMENTS THE CITY WILL ENFORCE AS PROVIDED BY OHIO REVISED CODE SECTION 709.023 AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance deals with services that would be provided to property to be annexed. The annexation was filed with the Montgomery County Commissioners according to the Ohio Revised Code. This needs to be passed as an emergency because they have to meet a certain time frame of twenty days and this ordinance had been tabled from the June 28, 2004 meeting because they did not have a majority of council members present. The property is located north of Jackson Road and south of State Route 40. The staff recommends this be approved by the council.

Mr. Bruns moved that Ordinance 1319 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 1319. Mr. Beyer seconded the motion. All concurred and Ordinance 1319 was adopted.

5. ONE READING - ORDINANCE 1320 - AN ORDINANCE PROVIDING FOR THE
ISSUANCE OF $229,400 CITY BUILDING IMPROVEMENT BOND ANTICIPATION NOTES, THIRD (2004) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVEMENTS TO THE CITY BUILDING AND DECLARING AN EMERGENCY.

Mr. Applegate explained that the next few ordinances deal with current notes that the city has for various projects. All of these have been through a three reading process before so they may be passed as an emergency in one reading this time. This Ordinance 1320 was for the improvements to city hall.

Mr. Beyer moved that Ordinance 1320 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 1320. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

6. ONE READING - ORDINANCE 1321 - AN ORDINANCE PROVIDING FOR THE
ISSUANCE OF $31,900 PROPERTY ACQUISITION BOND ANTICIPATION NOTES, FIFTH
(2004) RENEWAL 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 AND DECLARING AN EMERGENCY.

Mr. Applegate explained that this ordinance is for the property that is next to the firehouse and is for the future expansion of the firehouse. If the fire levy is approved, they will have this paid off by next year and start expanding the City of Union's fire house.

Mr. Bruns moved that Ordinance 1321 be declared an emergency for the reasons set forth in the ordinance. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Bruns moved to have the one and only reading and adopt emergency ordinance 1321. Mr. Hissong seconded the motion. All concurred and the motion was passed.

7. ONE READING - ORDINANCE 1322 - AN ORDINANCE PROVIDING OF THE
ISSUANCE OF $106,300 WATERLINE REPLACEMENT BOND ANTICIPATION NOTES, FIFTH
(2004) 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.

Mr. Applegate said this is the fifth renewal for replacement of the water line, an Issue 2 project for State Route 48.

Mr. Bruns moved that Ordinance 1322 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 1322. Mr. Beyer seconded the motion. All concurred and emergency Ordinance 1322 was adopted.

8. ONE READING - ORDINANCE 1323 - AN ORDINANCE PROVIDING OF THE
ISSUANCE OF $170,200 WATER SYSTEM IMPROVEMENT BOND ANTICIPATION NOTES, SECOND (2004) RENEWAL BY THE CITY OF UNION, OHIO IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVING THE CITY'S WATER SYSTEM BY INSTALLING NEW PRODUCTION WELL NUMBER 4 AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance was for the installation of production well # 4.

Mr. Bruns moved that Ordinance 1323 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 1323. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1323 was adopted.

9. ONE READING - ORDINANCE 1324 - AN ORDINANCE CONSOLIDATING FIVE BOND ANTICIPATION NOTE ISSUES OF THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance would consolidate the five bond notes for one sale on a larger amount of money to potentially get a better rate. This would need to be passed as an emergency so it can be forwarded to the bond company for sale of the notes.

Mr. Bruns moved that Ordinance 1324 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 1324. Mayor Packard seconded the motion. All concurred and Ordinance 1324 was adopted.

10. ONE READING - ORDINANCE 1325 - AN ORDINANCE SUBMITTING TO
THE ELECTORS OF THE CITY OF UNION A PROPOSED AMENDMENT TO THE UNION CITY CHARTER, RELATING TO REMOVING COUNCIL'S AUTHORITY TO ADVOCATE ITS POSITION TO MEMBERS OF THE PUBLIC IN RELATIONS TO PROPOSED TAX LEVIES AND DECLARING AN EMERGENCY.

Mr. Applegate said the next two ordinances need to be approved by the council so they can submit these to the Board of Elections. Mr. Applegate said this was action that the council had to take and he asked Mr. Moore to comment on this legislation.

Mr. Moore said Ordinance 1325 and Ordinance 1326 were charter amendments. The city has had these reviewed by outside counsel. With the shortened meeting schedule having been adopted by council, in order to have the ordinance effective by the November election, these would need to be passed as an emergency.

Mr. Beyer moved that Ordinance 1325 be declared an emergency for the reasons set forth in the ordinance. Mayor Packard 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 1325. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1325 was adopted.

11. ONE READING - ORDINANCE 1326 - AN ORDINANCE SUBMITTING TO THE
ELECTORS OF THE CITY OF UNION A PROPOSED AMENDMENT TO THE UNION CITY CHARTER, RELATING TO REMOVING COUNCIL'S AUTHORITY TO PASS ORDINANCES ACCEPTING ANNEXATIONS BY AN EMERGENCY MEASURE AND REQUIRING THE PUBLIC TO VOTE ON ANY RATES AND CHARGES BY A PUBLIC UTILITY AND DECLARING AN EMERGENCY.

Mr. Bruns moved that Ordinance 1326 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 1326. Mr. Beyer seconded the motion. All concurred and Ordinance 1326 was adopted.

12. FIRST READING - ORDINANCE 1327 - AN ORDINANCE AUTHORIZING AND
APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Applegate informed the council that this was an annual housekeeping ordinance that needs to be done for street lights. The ordinance is basically the same as last year except for some changes in the lot charges but the light assessment fee is the same. In response to a question from Mr. Bruns, the street light charges are set by Dayton Power and Light and is a negotiated contract involving all surrounding communities.

Mr. Bruns moved to have the first reading of Ordinance 1327. Mr. Beyer seconded the motion. All concurred and Ordinance 1327 was passed to the second reading.

13. ONE READING - ORDINANCE 1328 - AN ORDINANCE ACCEPTING THE BID FROM
WAGNER PAVING, INC. FOR THE RESURFACING OF APPROVED PERMISSIVE TAX ROADS WITHIN THE CITY OF UNION. (waive three readings)

Mr. Applegate said this is an ordinance dealing with a contract with Wagner Paving for Phillipsburg-Union Road from the park entrance west to Section 1
of Irongate Estates Subdivision. This deals with approved permissive tax
roads only. They have received

$119,000.00 in permissive tax funds and since the bid came in at a low price, they may be able to use the additional funds for East Martindale Road. Mr. Applegate said the staff recommends the passage of this ordinance.

Mr. O'Callaghan moved to suspend the charter requirement of three separate readings on three separate days in regards to Ordinance 1328. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan moved to have the one and only reading and adopt Ordinance 1328. Mr. Bruns seconded the motion. All concurred and Ordinance 1328 was adopted.

14. Open Agenda

Mayor Packard said he had driven though some of the subdivisions and noticed many new homes in Irongate Estates and Concord Meadows.

Mayor Packard mentioned about not excusing a council member's absence due to a vacation on a situation that occurred at the last meeting. He said he would like to bring this matter up for discussion. Mr. Bruns said he personally did not feel that vacation should not be excused but that council could do what they wanted. Mr. Beyer said he was willing to excuse vacations except when the vacation was during the summer when they have less council meetings already to allow for vacations. Mr. Bruns said there are two days a month for council meetings and work and vacations should not be an excused absence. Mrs. Goudy said that they were changing midstream because they had always excused those absences in the past. Mr. Bruns agreed and said he apologized to Mr. O'Callaghan because he said he should have been excused at the last meeting because they always had done that in the past. Mr. Bruns said it came up as a discussion and he decided not to excuse absences for vacations in the future. They discussed reasons for being absent from council meetings. Everyone had different opinions on reasons for absences. They also discussed Mrs. Terry's absences and when she was not excused from the meetings. Mayor Packard said he would make a motion to excuse an absence and the council would not second the motion. He asked why. Mr. Beyer said when Mrs. Terry ignores the council and does not call in, they do not excuse her. Mrs. Terry said she felt even when she called in, she was not being excused, so she had stopped calling.

Mr. Moore asked to interject something into the discussion. He said in looking at the Rules of Council, he read :

A member who shall be absent from a meeting or meetings shall make such absence known in the meeting or meetings prior to such absence or absences. A member who does not advise fellow members at a Council meeting of such absence shall forthwith upon knowing that such member shall miss a meeting or meetings, notify the Clerk of Council supplying information as to which meeting or meetings shall be missed and the reasons for such absence or absences.

Mr. Moore said it does not say what would be considered an excused absence. Mayor Packard said he wanted to bring it up since there were people absent at the last meeting and everyone was present at this meeting. Mayor Packard said if he made a motion, he said it should be seconded and voted upon, whether they wanted to excuse the absence or not. Mr. Beyer said when the mayor makes a motion, it "can" be seconded, not "should" be seconded. The council has the right not to second any motion before the council.

Mr. Moore said most councils operate in this way. If someone wants to sponsor legislation and no one else wants to support it, and lack of a second is a parliamentary procedure which is one way of handling the issue. Mr. Moore said he would not recommend adopting a rule that every motion would require a second. Mr. Moore said any change would require amending the rules of council and he said they now have the option to vote the way they choose and that maybe the council would want to keep that.

Mr. O'Callaghan said when he saw the minutes of the last meeting, he was a little disappointed and surprised that he was not excused. He said it was an individual thing and he thought they should keep it the way it was.

Mr. Bruns said they could not go back and excuse him but he said they should have done it differently but he said council members have to vote the way they think they should vote.

Mr. Beyer said he noticed that his letters to the Dayton Daily News and Englewood Independent had no effect because no representatives were attending the meeting. Mr. Beyer said Derek Ali from the Dayton Daily News had called and tried to leave a message on his answering machine.

Mr. Beyer also announced that the police chief has moved into his new home.

Mrs. Winemiller said she spoke to Derek Ali and he had been told that a person was coming to the meetings upon discovering that they were not, that person had been let go. He told Mrs. Winemiller that the Dayton Daily News had plans on trying to get someone to cover the meeting.

Mayor Packard said they were trying to get them to cover the special meeting on July 19 about the police and fire levy.

Mr. O'Callaghan said they had a park board meeting and discussed the Toll Road Festival which would be on September 10, and 11. He asked that all the council members receive minutes from the meeting.

Mrs. Terry said she thought the blue bulbs and red ribbons were great. She suggested blue ribbons for trees since she only had the large security lights. Mayor Packard said she could put a blue bulb in a lamp in the window.

There will be a meeting Monday night, at 7:00 p.m. at Union Elementary for discussing the police and fire levies. Roughly three hundred to three hundred fifty lights had been given out.

Mr. Applegate said they would be getting slurry sealed applied to Lutz Drive, Carol Lane, the older part of town, Springview Acres, # 1.

They have permits for forty-nine homes so far this year.

Mr. Applegate said he also wanted to talk about the local government fund. It was still being talked about and they were still holding meetings about it. Losing the local government fund would be devastating to the city and would seriously affect other cities, townships, etc.

Mr. Moore said he had a comment to make about the charter amendments. He said he would assume most of council would have a position on that and it would probably coincide with the city's position. Regarding accepting annexations without being an emergency, people are trying to keep a certain thing from happening. Mr. Moore said the passage of this could impact other things. As an example, he said cities would want businesses to come to their community. If a business wanted to come into a city and the land would need to be annexed, the process would need to move quickly. Passing a charter amendment like this one could have more ramifications than what is apparent. In his experience, he has seen situations where several government entities have tried to do something as rapidly as they could.

Mr. Applegate agreed with Mr. Moore. He said that this could potentially affect many things. He said at the next meeting, they would have legislation authorizing the city to spend funds on the issues.

15. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the July 12, 2004 City of Union council meeting was adjourned.


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

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August 6, 2004

The special council meeting was called to order by Mayor Packard on August 6, 2004, at 5:00 p.m. Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mrs. Goudy, and Mr. Beyer.

Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Darrin Goudy, Police Lieutenant.

Mrs. Winemiller said that Mr. O'Callaghan had to work until 6:00 that evening. Mayor Packard moved to excuse Mr. O'Callaghan due to his work schedule. Mrs. Terry seconded the motion. All concurred and Mr. O'Callaghan's absence was excused.

Mayor Packard called for a moment of silence.

Mayor Packard thanked everyone for coming to the special council meeting.

1. Mayor Packard said no one from the audience had requested to address the council.

2. ONE READING - RESOLUTION 04-08 - A RESOLUTION DECLARING THE
NECESSITY OF A REPLACEMENT POLICE LEVY IN EXCESS OF THE TEN-MILL LIMITATION AND REQUESTING THE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY OF UNION AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY A SPECIFIED NUMBER OF MILLS.

Mr. Applegate said due to the time frame required to have the police and fire levies on the November ballot, they had to have a special meeting for Resolutions 04-08 and 04-09. The deadline for submitting the levies to the Board of Elections is August 19.

This is the first step, authorizing the Montgomery County Auditor to certify the money to be collected with the millage requested. At the Monday, August 9 council meeting, the city will have the information back from the auditor and can proceed to the next step of getting the levies on the ballot.

Mr. Beyer moved to have the one and only reading and adopt Resolution 04-08. Mrs. Terry seconded the motion. Mr. Hissong voted against the motion, the other council members voted for the motion and Resolution 04-08 was adopted.

3. ONE READING - RESOLUTION 04-09 - A RESOLUTION DECLARING THE NECESSITY OF
AN ADDITIONAL FIRE/EMS LEVY IN EXCESS OF THE TEN-MILL LIMITATION AND REQUESTING THE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY OF UNION AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY A SPECIFIED NUMBER OF MILLS.

Mr. Applegate said this was the same as for Resolution 04-08. This would be the first step authorizing the Montgomery County auditor to certify the amount of money to be collected by the 2.5 mills.

Mr. Beyer voted to have the one and only reading and adopt Resolution 04-09. Mrs. Goudy seconded the motion. Mr. Hissong voted against the motion, the other council members voted for the motion and Resolution 04-09 was adopted.

4. Mr. Beyer 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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August 9, 2004

Mayor Packard called the August 9, 2004 City of Union council meeting to order on Monday night at 7:30 p.m.

Attendance was taken and the following council members were present: 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, Joe Moore, Law Director, Darrin Goudy, Union Police Lieutenant, and John Parrish, Captain of the Fire Department.

Mrs. Terry had not called in and her absence was not excused.

Mayor Packard called for a moment of silence.

Mayor Packard said he had a few corrections that needed to be made concerning the agenda. There were two item # 7's and first one needed to be corrected to item # 6. On the item # 7 for Ordinance 1331, on both the agenda and the ordinance itself, Montgomery County in the ordinance title needed to be corrected to Miami County. Mayor Packard moved to amend the agenda to correct both items. Mr. Bruns seconded the motion. All concurred and the agenda was amended.

1. Mayor Packard asked if there were any additions or corrections on the minutes from the July 12, 2004 meeting.

Mr. Bruns said that on page 7 of the minutes, regarding Ordinance 1328, the council waived three readings but the minutes say it was declared an emergency ordinance and passed as an emergency. With that correction being made Mr. Bruns moved that the minutes be accepted. Mr. Hissong seconded the motion. All concurred and the minutes were corrected with the proposed change.

2. Mayor Packard asked if there were any additions or corrections on the minutes from the August 6, 2004 special council meeting. There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared. Mayor Packard seconded the motion. Mr. O'Callaghan abstained, the other council members voted for the motion and the minutes were accepted as prepared.

3. Mayor Packard welcomed the citizens in the audience. Several people had indicated that they wanted to speak. Mayor Packard called on David Stamper, former Mayor of the City of Union.

Mr. Stamper talked about how important the police and fire departments were to the city. He was concerned that the levies had failed. He said when he was mayor, he had worked hard to get the police department established.

Mayor Packard recognized Phyllis Edens from 192 Woburn Farm Circle. Mrs. Edens said she had lived on Woburn Farm since 1972. She said that when she moved in, she thought the city would take care of the walk ways behind the properties. She added that the pavement is gone behind her house and that people don't walk that area any more because of that. She asked if the city was going to do anything about the walkways.

Mr. Applegate said he would give Ms. Edens some historical background on the problem. Initially, the area was zoned R-PUD and there were assessment fees paid by all the homeowners to maintain the green space and walkways. Later, there were a few residents that threatened a law suit against the village stating it was illegal to collect those fees so the council elected to drop the fee. Since then, the funds for maintenance of the green spaces, walkways and parks needed to be transferred out of the general fund in the amount of $35,000, for the mowing, etc. Mr. Applegate commented that asphalt does not hold up when used for walkways because there is not enough traffic. The walks should be concrete. The city has tried several times to get an income tax passed to commit funds for replacing the walkways but they have been defeated every time. Without an additional source for funding, the city has been unable to replace the walkways.

Mr. Applegate added that if the police and fire levy fail again, things will get a lot worse because changes will be made in the funding and certain things will need to come first. The city is also going to lose funds that have been provided by the State Local Government Fund in the past years. There will be additional cuts in services because the city does not have the money to do what needs to be done.

Mrs. Edens asked if the new homes that were being built helped with the money issue. Mr. Applegate said the sidewalks are paid for by the builder and the money from the building permits goes into several funds, including the general fund. The city requires concrete sidewalks now and the people pay for them up front.

Mrs. Edens said she was concerned about the failure of the police and fire levies and thought more people should be concerned. She said she had been using her blue light for the last month, supporting the police levy.

Mr. Applegate said basically 95 percent of the residents already pay an income tax to some community and the city sees no benefit from that. Mr. Applegate added that most of the people that do not vote for an income tax would not have to pay the city anyway, but they still are voting against money that could go to maintain the sidewalks behind their homes and other things that need to be done.

Mrs. Edens asked if they would generate that much money with only five percent of the population paying and why did they keep putting it on the ballot. Mr. Applegate said it would still generate one hundred to one hundred fifty thousand dollars and every amount coming in helps.

Mayor Packard commented that the council has tried to establish an income tax three times and each time, they have had a referendum filed by a group of citizens. The council has never put an income tax on the ballot because the council is allowed to pass up to a one percent income tax without going to the ballot.

4. SECOND READING - ORDINANCE 1327 - AN ORDINANCE AUTHORIZING AND
APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. O'Callaghan moved to have the second reading of Ordinance 1327. Mr. Beyer seconded the motion. All concurred and Ordinance 1327 was passed to the third reading.

5. ONE READING - ORDINANCE 1329 - AN ORDINANCE ACCEPTING THE
ANNEXATION OF 49.676 + ACRES, MORE OR LESS, IN BUTLER TOWNSHIP, MONTGOMERY COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mr. Applegate said items 5, 6, and 7, are three annexations that the city had filed as far back as 2001. The annexations have all been through the legal process and as of Friday, August 6, the Supreme Court denied Butler Township and Ron Kidwell's request to hear the appeal of the Court of Appeals decision from Montgomery County, which was in the City of Union's favor. The city is now able to accept these annexations and for the residents that live in the annexed areas, they want to go ahead with these as soon as possible by declaring them as an emergency.
Mr. Moore said he was involved with the litigation and said that the city believes that this is a benefit for the city also, which is why they would like to pass the annexation as an emergency. Mayor Packard commented about the cost that it took the city to fight the law suits brought against them. Mr. Applegate said that earlier, Mr. Moore had submitted a memorandum to the city council that the matter was unconstitutional and the council had made the correct decision and the matter had now finally been resolved in the city's favor. Mr. Moore said he wanted to make an additional comment about this since they were dealing once again this year with charter amendments proposed from a few citizens.

Mr. Moore stated that there was a charter amendment in 2000 that was passed by voters in an election that stated the city could not accept an annexation unless it was accepted by the voters in a general or special election. Mr. Moore had issued a memorandum with his opinion, stating that the charter amendment was unlawful because it conflicted with state law therefore the city did not have to follow the charter amendment. That was in 2000. In 2003, when the city was processing an annexation, Butler Township Board of Trustees and Ron Kidwell sued the city saying Union was not following the charter amendment. That decision went to the Court of Appeals, which ruled in favor of the City of Union. The opposition took the case to the Supreme Court of Ohio and the court declined jurisdiction, meaning that they would not hear the case and it was referred back to the decision made by the Court of Appeals. The Court of Appeals decision stated, "Annexation is a matter of state-wide concern and you can't pass local laws or charter amendments to try to control it." Mr. Moore said it took a long time to go through that process and because of that, they are passing the annexations as an emergency.

Mr. Beyer moved that Ordinance 1329 be declared an emergency for the reasons set forth in the ordinance. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mr. Beyer moved to have the one and only reading of Ordinance 1329. Mr. O'Callaghan seconded the motion. All concurred and emergency ordinance 1329 was passed.

6. ONE READING - ORDINANCE 1330 - AN ORDINANCE ACCEPTING THE
ANNEXATION OF 94.927 + MORE OR LESS, IN BUTLER TOWNSHIP, MONTGOMERY COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

This is the second annexation and Mr. Applegate said staff recommends that this be passed as an emergency.

Mr. Beyer moved that Ordinance 1330 be declared an emergency for the reasons set forth in the ordinance. Mayor Packard 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 No. 1330. Mayor Packard seconded the motion. All concurred and emergency ordinance 1330 was adopted.

7. ONE READING - ORDINANCE 1331 - AN ORDINANCE ACCEPTING THE
ANNEXATION OF 618.40+ ACRES, MORE OR LESS, IN UNION TOWNSHIP, MIAMI COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

This is the last annexation and Mr. Applegate said that the staff recommends the passage of this ordinance as an emergency.

Mr. Beyer moved that Ordinance 1331 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 moved to have the one and only reading and adopt emergency Ordinance 1331. Mayor Packard seconded the motion. All concurred and Ordinance 1331 was adopted.

8. ONE READING - RESOLUTION 04-10 - A RESOLUTION PROPOSING A
REPLACEMENT LEVY FOR THE PURPOSE OF THE POLICE DEPARTMENT AND CERTIFYING THE QUESTION TO BE PLACED ON THE BALLOT TO THE MONTGOMERY COUNTY BOARD OF ELECTIONS.

Mr. Applegate said this resolution deals with staff's recommendation that they go forward with putting the fire/ems and police levies on the ballot in November. The city lost by a close vote so they want the levies back on the ballot.

Mayor Packard moved to have the one and only reading and adopt Resolution 04-10. Mr. Beyer seconded the motion. All concurred and Resolution 04-10 was adopted.

9. ONE READING - RESOLUTION 04-11 - A RESOLUTION DECLARING THE
NECESSITY OF AN ADDITIONAL FIRE/EMS LEVY IN EXCESS OF THE TEN-MILL LIMITATION AND CERTIFYING THE QUESTION TO BE PLACED ON THE BALLOT TO THE MONTGOMERY COUNTY BOARD OF ELECTIONS.

Mr. Applegate said this is the resolution for putting the fire/ems levy back on the ballot.

Mr. Bruns moved to have the one and only reading and adopt Revolution 04-11. Mr. O'Callaghan seconded the motion. All concurred and Resolution 04-11 was adopted.

Mayor Packard asked for the citizens' help on passing these levies. He said the council was willing to help but he would ask that the residents would get with their neighbors and support the police and fire/ems levies.

10. ONE READING - RESOLUTION 04-12 - A RESOLUTION OPPOSING THE
PROPOSED CHARTER AMENDMENT LIMITING COUNCIL'S ABILITY TO APPROPRIATE AND AUTHORIZE THE EXPENDITURE OF PUBLIC FUNDS TO PROVIDE INFORMATION WITHOUT ADVOCATING ITS POSITION IN CONNECTION WITH ELECTIONS ON BOND ISSUES FOR THE PURPOSES OF THE MUNICIPALITY AND OTHER NON TAX ISSUES.

Mr. Applegate said this resolution was opposing the charter amendment that was going to be on the ballot in November. Mr. Applegate said that it was the staff's recommendation that this resolution be approved by the council.

Mr. Beyer moved that they have the one and only reading and adopt Resolution 04-12. Mayor Packard seconded the motion. All concurred and Resolution 04-12 was adopted.

11. ONE READING - RESOLUTION 04-13 - A RESOLUTION OPPOSING THE
PROPOSED CHARTER AMENDMENT LIMITING THE CIRCUMSTANCES UNDER WHICH COUNCIL MAY ADOPT AN EMERGENCY ORDINANCE.

Mr. Applegate said this is similar to Resolution 04-12 but he wanted Mr. Moore to make some comments on what the Supreme Court's attitude is on the proposed charter amendments that were passed earlier.

Mr. Moore said that the city does not go around suing people but that Butler Township has sued the City of Union. The city does not initiate many of these law suits.
If the charter amendment on the annexations had failed, it would not have been a problem. If the city had not placed it on the ballot then the city would be accused of taking away people's right to vote. Recently, Butler Township sued the city again concerning another annexation and tried to stop the Montgomery County Commissioners from voting on the annexation. They tried to get the court to issue a preliminary injunction to stop the county commissioners and the court would not grant that. Mr. Moore said he had just received a copy of a complaint that day that Butler Township is still trying to stop the annexation.
Mr. Moore said he wanted the record to reflect that the council passing the charter amendment does not mean that the council thinks it is right. Mr. Moore said the same people that are trying to pass this, are saying that the council should never be able to use emergency legislation which goes immediately into effect which sometimes the council needs. Mr. Moore added that just because it is on the ballot, that does not mean that the city thinks the amendment is constitutional or appropriate or right. The city has to let it go to the ballot even though it is another effort to tie the council's hand in doing what is in the best interest of the city. Mr. Moore said if citizens don't want the council to make decisions for the city, they would not be elected.

Mr. Beyer moved to have the one and only reading and adopt Resolution 04-13. Mayor Packard seconded the motion. All concurred and Resolution 04-13 was adopted.

12. ONE READING - RESOLUTION 04-14 - A RESOLUTION OPPOSING THE
PROPOSED CHARTER AMENDMENT ELIMINATING COUNCIL'S RIGHT TO INCREASE UTILITY RATES WITHOUT APPROVAL BY A MAJORITY VOTE OF THE ELECTORS AT A SPECIAL OR GENERAL ELECTION.

Mr. Applegate said again, it is the staff's recommendation that the council pass this resolution. He commented that if the council remembers, there was a charter amendment earlier to prohibit council passing items by an emergency. This time, it is for the same purpose with the water and sewer rates going before the vote. Mr. Applegate said the charter already prohibits council from passing any rate increase by an emergency. This charter amendment concerning emergency legislation was defeated once already by voters. Mr. Applegate said the council has never abused that privilege and in this case, the rate issue was included in the charter amendment.
Mr. Moore said no one likes utility rate increases or hikes but the city has no control over federal or state EPA regulations and the city must meet these requirements. This charger amendment, if it passed, would prohibit anything that the city wanted to do, even to meet legal EPA requirements, unless going before an election.

Mr. Moore said this would also not allow council to lower utility rates either. Mr. Moore said these amendments are not well thought out or in the best interest of the city.

Mr. Bruns moved to have the one and only reading and adopt Resolution 04-14. Mr. Beyer seconded the motion. All concurred and Resolution 04-14 was adopted.

13. ONE READING - RESOLUTION 04-15 - A RESOLUTION AUTHORIZING
THE CITY MANAGER 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.

Mr. Applegate said agenda items 13, 14, and 15 deal with applications for issue 2 programs for grants. The first one is for the sanitary lift station on Rinehart Road. This would be for state funding of 366,000 dollars.

Mr. Bruns moved to have the one and only reading and adopt Resolution 04-15. Mr. Hissong seconded the motion. All concurred and Resolution 04-15 was adopted.

14. ONE READING - RESOLUTION 04-16 - A RESOLUTION AUTHORIZING
THE CITY MANAGER 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.

Mr. Applegate said that the city has a short time frame in which to file a grant application. If the utility rates needed to be raised, by the time the city go to the voters to get the rate increase, they would lose the grant. This would be another example of how passing a charter amendment like what was proposed by citizens would negatively affect the city.

Mr. Applegate said they have received a grant for the Merrymaid storm sewer and that work will be started this fall. They are currently preparing all the bid specifications and the project will be done the middle of next year.

This project is the last phase of San Bernardino Trail and 132,604 dollars is the amount to be provided by the state.

Mr. Bruns moved to have the one and only reading of Resolution 04-16. Mr. O'Callaghan seconded the motion. All concurred and Resolution 04-16 was adopted.

15. ONE READING - RESOLUTION 04-17 - A RESOLUTION AUTHORIZING
THE CITY MANAGER 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.

This is a new project that is an improvement on Old Springfield Road. It is the curve, just before getting to the culvert. There are a number of accidents there so the city is planning on widening the road and enter into negotiations to buy an additional easement so it will increase the line of sight. This is a new project and would be paid for out of the street levy. This project would greatly enhance the travel and safety long that portion of the road.

Mr. Bruns moved to have the one and only reading and adopt Resolution 04-17. Mayor Packard seconded the motion. All concurred and Resolution 04-17 was adopted.

16. ONE READING - RESOLUTION 04-18 - A RESOLUTION SUPPORTING A
PROPOSED POLICE REPLACEMENT LEVY FOR THE CITY OF UNION

Mr. Applegate said that earlier, the council authorized that the police levy be placed on the ballot. This is in support of that.

Mayor Packard moved to have the one and only reading and adopt Resolution 04-18. Mr. Beyer seconded the motion. All concurred and Resolution 04-18 was adopted.

17. ONE READING - RESOLUTION 04-19 - A RESOLUTION SUPPORTING A
PROPOSED FIRE/EMS ADDITIONAL LEVY FOR THE CITY OF UNION.

This is to support the fire/ems levy that will be on the ballot.

Mayor Packard moved to have the one and only reading and adopt Resolution 04-19. Mrs. Goudy seconded the motion. All concurred and Resolution 04-19 was adopted.

18. Open Agenda

Mayor Packard said it was a disappointing month as far as the outcome on the police and fire/ems levies. He thanked the people for their support and for displaying the blue lights and the red ribbons.
Mayor Packard asked that they keep the blue lights and red ribbons on display.

Mr. Parrish said on behalf of the fire department, he thanked the council for putting the levy back on the ballot.

Lieutenant Goudy said he appreciated that the council adopted the resolution supporting the police levy. He said he wanted to stress to the citizens how important the levy is to the operation of the police department. He said he realized that things are tight and that people are afraid to vote for a tax levy but it is so desperately needed. There has been an increase in activity and they need additional manpower.

Mrs. Goudy said she thought it was time that any groups in the city put aside their adverse opinions or differences and decide that both levies are for the benefit of the city and that they can not afford to lose these services. Mrs. Goudy pledged to do anything to get it passed.

Mr. O'Callaghan said he could not state it any better than the other members of the council had already done. Despite the failure of the levies, it did not mean it was not needed and he felt it was council's job to get it passed. Mr. O'Callaghan said once they get that, they should look at getting a city income tax because he knew that the walkways did need replaced.
In response to a question from a resident, Mr. Applegate said the police levy was defeated by 30 votes and the fire/ems levy was defeated by 17 votes.

Mr. Hissong said the only way to get the levies passed was to get out and fight. Mr. Hissong said the police and fireman put their hearts in the job and their lives on the line and the people had let them down. He asked them to get behind the department and fight for the levies. He asked that they talk to their neighbors.

Mr. Bruns asked about the park board minutes. The date of the Toll Road festival is September 10 and 11. This would be the last meeting before the festival. Mr. Bruns asked for volunteers and for support for the Toll Road Festival because it was very important that it become successful.

Mr. Applegate said they will continue the safety first campaign and will have additional blue bulbs and red ribbons available at city hall and at the fire station.
He said if anyone had any questions, please call. If they want to get a bunch of neighbors together and have the police chief or someone to come talk, they would be more than happy to. He said they would be looking at serious cuts to services. The city can not spend money it does not have.
Mr. Applegate added in November 2003, 18 percent voted against the police levy. In March, it was 11 percent against and in August, it was three percent against. Mr. Applegate said he hoped that they could keep the momentum going.

Mr. Applegate said with the 618 acre annexation, 400 acres are in the flood plain and this would help the city's well field protection plan. They can now control what is going into that area so it will help the city protect their well fields. That is one of the main reasons why the city did that annexation.

Mr. Applegate said at the first of the year, they would need to come to City council asking for legislation for an increase in the water and sewer rates to take the next step required by the adoption of the well field protection plan.
They are the recipient of an 850 kilowatt generator provided at no charge. The generator will be installed so they can operate all the wells at any time. In case of a power outage, the city can still pump water. When the city asks for a rate increase, they want to be able to explain to the residents why this increase is necessary.

Mr. Moore said he wanted to ask a question so it would be reflected in the record. He asked what John meant when he said the city can't spend money or that the city did not have any money for the police department unless the police levy passes.
Mr. Applegate said there would be shifts with no officers on duty, and instead of officers being dispatched to a residence, the citizens would have to come to the office. The fire department is responding in under four minutes now instead of ten or twelve minutes because they have people staying at the fire department twenty-four hours a day, seven days a week. Without the levy, they may be forced to go back to people responding from their homes and the response time will be affected.
Mr. Applegate said they will make the citizens aware of what cuts will be made if the levies fail. He reiterated that the city can not spend money that is not being collected. They have to balance the budget and they can not borrow money for operating expenses.

19. 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 13, 2004

Mayor Packard called the City of Union council meeting to order on September 13, 2004, Monday night at 7:30 p.m. Attendance was taken and the following council members 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, Joe Moore, Law Director, and Mike Blackwell, Police Chief.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the September 13, 2004 council meeting. There were no changes so Mr. Bruns moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. Mrs. Terry abstained, the other council members voted for the motion and the minutes were accepted as prepared.

2. There was no one that had indicated they wanted to address the council but David Brunotte from Sheets Street said they had lived in Union almost thirteen years and were very happy with the way the city is run and with the current Mayor and council.

3. THIRD READING - ORDINANCE 1327 - AN ORDINANCE AUTHORIZING
AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. O'Callaghan moved to have the third reading and adopt Ordinance 1327. Mr. Hissong seconded the motion. All concurred and Ordinance 1327was adopted.

4. ONE READING - ORDINANCE 1332 - AN ORDINANCE ADOPTING A STATEMENT
INDICATING THE SERVICES THE CITY OF UNION, OHIO, WILL PROVIDE TO THE 81.213
+ ACRE TERRITORY PROPOSED TO BE ANNEXED IN BUTLER TOWNSHIP, MONTGOMERY
COUNTY TO THE CITY OF UNION AND BUFFER REQUIREMENTS THE CITY WILL ENFORCE AS PROVIDED BY OHIO REVISED CODE SECTION 709.023 AND DECLARING AN EMERGENCY.

Mr. Applegate said one of their requirements for annexation is that they have to pass an ordinance with a statement of services for the Montgomery County Commissioners within twenty days of filing the annexation petition. In order to quickly get the statement of services to the county, it has to be passed as an emergency. This ordinance states the services that the city will provide to the area. This was an annexation with one hundred percent of the property owners wishing to be annexed.

Mr. Bruns moved that Ordinance 1332 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 1332. Mayor Packard seconded the motion. All concurred and Ordinance 1332 was adopted.

5. Open Agenda

Mayor Packard said he saw many people enjoying the Toll Road Festival. He thanked all of the volunteers and Mrs. Winemiller for all of the work that she had done.

Mayor Packard reminded everyone that in November, there would be a police and fire/ems levy on the ballot. He said that there were several people, including former Mayor David Stamper, and David Brunotte willing to start a citizens group to meet with people.

Mayor Packard said a few words about Dayton Daily News reporter Derek Ali, who had recently died. He extended his condolences to the Dayton Daily News and Mr. Ali's family. Mayor Packard added that Mr. Ali had done a good job for the city and he would be missed.

Mr. Beyer said since there was no representative from the press, he asked if anyone could put information in the Englewood Independent that they are looking for citizens to contact Mr. Stamper and Mr. Brunotte to support Union's levies. He said they needed to put something out in the paper because they were only seven weeks away from the election. Mr. Beyer offered to write the letter if the council desired it.

Mr. Beyer said he had received a call from Derek Ali when he was first elected. He said Mr. Ali was a decent guy and Mr. Beyer said he was stunned by his death. He had known Mr. Ali for twenty years and said he would miss
him.

Mr. Beyer also pointed out that it was the 190th anniversary of the bombardment of Fort McHenry, in Baltimore Harbor, witnessed by Frances Scott Keyes, who wrote the Star Spangled Banner.

Mr. O'Callaghan thanked everyone including the volunteers and staff for helping at the Toll Road Festival. He noted that it might not have been as busy or made as much money, but he thought it went very well and people enjoyed themselves and that was the important thing.

He also extended his condolences to Derek Ali's family.

Mr. Hissong said the crew did a tremendous job at the festival and in keeping everyone happy. He said the crew worked very hard.

Mrs. Terry said she was unable to attend the festival but she heard it was a huge success.

Mr. Bruns said there were five items on the ballot, the police and fire/ems levy, and several charter amendments. However, two of the three charter amendments are together as one issue on the ballot, plus the two levies.

Mr. Applegate said East Martindale and Phillipsburg Road will be resurfaced. They are working on the grinding now.

They also have advertised for bids for the Merrymaid storm water project and they hope to work on that in mid fall.

Mrs. Winemiller thanked everyone for helping at the Toll Road Festival. She said the maintenance department did a tremendous job in getting things set up, with the electric, etc. The police department used Clay Township police officers to help with security and they did an excellent job. She also thanked the secretaries for helping out.

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 27, 2004

Mayor Packard called the September 27, 2004 City of Union council meeting to order on Monday, at 7:30 p.m. Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, 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 said he had received a call from Mrs. Goudy and she was not able to attend the council meeting because she was ill.
Mayor Packard moved that Mrs. Goudy be excused from the meeting. Mr. Beyer seconded the motion. All concurred and her absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the September 13, 2004 council meeting. There were no corrections so Mr. Bruns moved that the minutes be accepted. Mr. O'Callaghan seconded the motion. All concurred and the minutes from September 13, 2004 council meeting were accepted as prepared.

2. Citizens and Visitors Comments.

Mrs. Judy Collins from West Martindale Road had indicated that she wanted to address the council.
She said she was trying to put together a scrap book for the City of Union and would like to display the album at city hall. She asked if people could provide her with any historical pictures that she could use or make copies. She thought people would enjoy looking at the album in City Hall.

3. Mayor Packard said that they needed to set a public hearing and asked Mr. Applegate for his comments.
Mr. Applegate explained that the planning commission had recommended that the council establish a public hearing date for amending the R-2 zoning text to add single family attached homes.. They will also add that the square footage would need to be 1,500 square feet per side. The R-2 zoning code would need to be amended before the council could have a second public hearing to change the zoning of the property.

Mr. Beyer moved that the public hearing date to amend the R-2 zoning text be set for November 8, 2004, at 7:30 p.m. during the council meeting. Mr. Bruns seconded the motion. All concurred and the public hearing was set for November 8, 2004.

4. Mayor Packard said they would need to set a second public hearing to change a zoning district.

Mr. Applegate said the planning commission had forwarded a second request to the council for setting a public hearing for a proposed change of zoning district for property located on Phillipsburg-Union Road, known as the Hartman property. The proposed change is from Agricultural-Residential
(A-R) to Residential-2, (R-2).
Mr. Beyer moved that a public hearing date to change the zoning on Phillipsburg-Union Road from A-R to R-2 be scheduled for November 22, 2004
at 7:30 p.m. Mayor Packard seconded the motion. All concurred and the second public hearing date was set for November 22, 2004.

5. Open Agenda

Mayor Packard said that the city would be starting their leaf pick up program soon. He asked that they keep the rocks and branches out of the leaf piles and not allow children to play in the leaf piles in the street.

Mayor Packard also asked that if people wanted to speak, they needed to sign in and fill out a slip on what they wanted to bring up before the council. He said he was sorry that he had neglected to have a resident do that at the last meeting.

Mr. Beyer asked about a trailer that was parked at Union Tire. Mr. Applegate said they were looking at it because it has been there for about four weeks. The side of the trailer is painted as a sign to advertise a sale. They had been told that the trailer was full of tires and when the sale was over it would be gone.

Mr. O'Callaghan said the profits from the Toll Road Festival for this year was roughly $9,000 which was good but last year it was $13,000 to $14,000.
He also wanted to comment on how nice the roads looked in Union. He said Martindale and Phillipsburg-Union Road looked great.

Mr. Bruns reminded the council that the next meeting would have been October 11, but due to the holiday, it would be Tuesday, October 12.

Mr. Applegate said they had finished up the slurry seal program that they do every year and are on the seven to eight year rotation for city streets. Funds for the East Martindale Road and Phillipsburg -Union Road paving came from permissive tax money received from the county. The city did not use any of the street funds to finance the work done on those roads.
Mr. Applegate added that the city pool was close to being filled in.

Mr. Moore said he had a few items. Ron Kidwell, Julie Johnson and Charles Arnett had sued the City of Union. The trial court judge, Judge Rose, terminated the suit and dismissed the case. Mr. Kidwell, Mrs. Johnson, and Mr. Arnett are appealing the case to the Federal District Court of Appeals. Mr. Moore said he was pointing that out because the city was getting public record requests and he said he wanted the minutes to reflect that the city was being sued, the city was not initiating this case.
In another case, Butler Township is suing the city. Mr. Moore said that the city was accused of initiating lawsuits but they were not starting these cases, they were being sued by other parties.
There was an annexation where a case was pending and there was a lawsuit where Butler Township sued the City of Union stating that the Water Wheel Farm annexation was not proper so the township asked for a preliminary injunction and permanent injunction.
On September 17, 2004, Judge Kessler of the Common Pleas Court issued an order over ruling their motion to stop the annexation, denying it and saying he would not grant an injunction to stop the annexation. He ruled in the City of Union's favor and Union is able to move forward with the annexation.

Mr. Beyer asked who the additional people were in the lawsuit. Mr. Moore said it was the Butler Township Board of Trustees and other landowners but he did not know who the other people were.

Mr. Moore said he wanted the minutes of the meeting to reflect that a few years ago, he had given a legal opinion that annexations were matters of statewide concern and a charter amendment couldn't change that. The city was sued in regards to that issue and the Court of Appeals found in the City of Union's favor, stating that they were right when they made that determination that charter amendments could not conflict with state law.
Currently, the city has two charter amendments on the ballot before the voters. The one charter amendment saying that the city can not accept annexations by emergency and that utility rates can not be raised without an election. Mr. Moore said that these particular charter amendments have a good chance of being tested in court if they pass. In regard to Union's charter, Ohio case law says charter amendments should only have one issue in them so that the voters know they are voting on one particular issue. One charter amendment has to do with emergencies and raising utility rates in the same amendment.
Mr. Moore added, as he had stated before, just because the city was required to place these items on the ballot, did not mean that the city believes they are necessarily legal or comply with the law, only that they had to move forward and put the items on the ballot so the citizens have an opportunity to vote on them. Mr. Moore stated that it is his belief that there are some problems with the way the charter amendment is drafted and some defects in how it will comply with Ohio law.
Mr. Moore said another issue he wanted to bring up to make citizens aware was that one charter amendment wants to say that the council can not raise utility rates unless the voters approve. In the existing Charter, Section 2.06.I, states that "Council shall not have the authority to delegate its
legislative power." Mr. Moore pointed out that the amendment that they
are proposing having the public vote on water rates, is a contradiction with the existing charter.
Mr. Moore added that there is a potential conflict with the city charter and there are some legal deficiencies in the proposed charter amendments that will cause some legal scrutiny if they pass.

Mayor Packard asked if the city was taking advantage of some incentives from the Solid Waste Committee on recycled materials like for playground equipment. Mrs. Winemiller said the city had submitted for park benches and recycled mulch.The last grant the city had received was for the oil
containers for recycling. Mayor Packard noted that the grants did require the city to put up matching funds.

6. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the September 27, 2004 meeting was adjourned.

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

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