Union City Council Meeting Minutes
Third Quarter 2006
 
July 10, 2006, Meeting Minutes
July 24, 2006, Meeting Minutes
August 14, 2006, Meeting Minutes
August 28, 2006, Meeting Minutes
September 11, 2006, Meeting Minutes
September 25, 2006, Meeting Minutes

 

July 10, 2006

Mayor Packard called the City of Union council meeting to order on July 10, 2006, at 7:30 on Monday evening.

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

Mayor Packard said that Mr. Hissong was ill and he moved that his absence be excused. Mr. O’ Callaghan seconded the motion. All concurred and Mr. Hissong’s absence was excused.

Mayor Packard said Mrs. Goudy had called in and was sick. Mayor Packard moved that her absence be excused. 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 June 26, 2006 City of Union council meeting. Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Beyer seconded the motion. Mr. O’Callaghan abstained and the other council members voted for the motion. The motion passed and the minutes were accepted as prepared.

 

2. Citizens and Visitors Comments. Mayor Packard recognized Mr. Glynn Marsh who wanted to discuss the National Road display. Mr. Marsh said 2006 marked the bicentennial of the National Road legislation. The actual construction started in 1811. The road reached Ohio in 1825. To commemorate this, Randolph Township scheduled two special programs and the three historical societies, Vandalia- Butler, Randolph, and Clay Township combined and put together a display which has been very successful. They have decided to extend the hours of the display. The schedule will include Wednesday evening, at 7:30 p.m. The display will end on July 31, 2006. National Road had an indirect impact on the City of Union and brought in many settlers. Mr. Marsh personally invited the mayor and council members to attend the display. The Randolph Township Historical Society hopes to do the same thing with the Dayton-Covington Turnpike from Westbrook Road to the county line.

Mayor Packard called upon Anthony Baldridge. Mr. Baldridge said he lived on Springhouse Drive. Westrock Road intersects Springhouse and goes all the way to Martindale Road now. He asked if they could have a four way stop there instead of a two way stop because cars are going through there now and there are still a lot of children in the area. Mayor Packard said they will look into that and do a traffic study.

Mayor Packard identified Judy Hamilton from Marrett Farm. Ms. Hamilton said she was in the newer area where the duplexes are. She said there would be a development in back of their street. She said this land has huge, beautiful trees. She said they treasure the trees and she wanted to know if the trees would be cut down. She said she spoke with the person that purchased the land and she wanted to voice her opinion. Mayor Packard said they could not stop the new land owner from cutting down trees. Mr. Applegate said it was the same zoning as the area she was in. Mr. Applegate said several parties were looking at it and the land had not been sold yet.

Mayor Packard recognized Jack Anderson. Mr. Anderson asked about a rumor he had heard about one or two police officers and a young woman they took back to the police department. The rumor concerned inappropriate sexual behavior. Both the Mayor and Mr. Applegate said they had not heard the rumor. Mr. Anderson then asked why the city had not purchased the property adjacent to the existing fire department when the plans were drawn up several years ago. He asked why it was purchased at the last minute. Mayor Packard disagreed with his statement and said that people had been living at the property.

 

3. A PROCLAMATION HONORING KENNETH QUINTER.

Mayor Packard said Mr. Quinter had not been able to attend the meeting so he moved to table the Proclamation for Ken Quinter to the next meeting. Mr. Beyer seconded the motion. All concurred and the motion was passed.

 

4. ONE READING - ORDINANCE 1392 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED AND DECLARING AN EMERGENCY.

Mr. Applegate said this was the ordinance that was tabled from the last meeting and the public hearing on the zoning change occurred at the last meeting. The property owner, Jason Ritter was out of town at the last meeting but was present for this meeting. Mr. Ritter was in the process of building a garage and to do that he needed to change the zoning of his property to R-3 zoning. He is hoping to get the building started so thatis why the ordinance is being declared as an emergency so that it will go in effect immediately.

Mr. Bruns moved that Ordinance 1392 be declaredan emergency for the reasons set forth in theordinance. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1392. Mr. Beyer seconded the motion. All concurred and Ordinance 1392 was adopted.

 

5. SECOND READING - ORDINANCE 1393 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Applegate said this is the annual housekeeping ordinance that allows the city to pay for the street lights. The staff recommends that they have the second reading of Ordinance 1393. Mayor Packard moved to have the second reading of Ordinance 1393. Mr. O’Callaghan seconded the motion. All concurred and Ordinance 1393 was passed to the third reading.

 

6. SECOND READING - ORDINANCE 1394 - 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 this is the second reading of this ordinance. The credit income tax ordinance will be placed on the ballot. This came out of discussions during a budget meeting for the fiscal year 2007. The budget committee and staff recommend that this be placed on the ballot. The amount of the income tax is a 1.75% credit income tax. Mr. O’Callaghan asked how much this would bring into the city and Mr. Applegate said it would be about one hundred seventy-five thousand dollars. This would go into the general fund and be used for anything that the council appropriates.

Mayor Packard moved to have the second reading of Ordinance 1394. Mr. O’Callaghan seconded the motion. All concurred and Ordinance 1394 was passed to the third reading.

 

7. SECOND READING - ORDINANCE 1395 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $1,200,000 FIRE STATION EXPANSION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCES OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF EXPANSION OF THE FIRE STATION FOR FIRE AND EMS SERVICES. (three readings)

Mayor Packard invited the audience to look at the rendering of the fire station that was posted. Mr. Beyer moved to have the second reading of Ordinance 1395. Mr. O’Callaghan seconded the motion. All concurred and Ordinance 1395 was passed to the third reading.

 

8. ONE READING - RESOLUTION 06-04 - A RESOLUTION OF INTENT TO APPROPRIATE REAL ESTATE.

Mr. Applegate said this was a resolution that states their intent to appropriate real estate dealing with an Issue II project that they have received funding for. This is on Rinehart Road in an area referred to as Concord Farms West. This is to replace a lift station that is approximately thirty-two years old. The lift station needs to be replaced. The city has already purchased another piece of the property from Mrs. Starline. The property owners are in California and this agreement will be in place if the city cannot come to an agreement with the owners. They are in negotiation with the owners of the property. Mr. Applegate said they needed to be moving ahead on this.

Mr. Bruns moved to have the one and only reading and adopt Resolution 06-04. Mr. Beyer seconded the motion. All concurred and Resolution 06-04 was adopted.

 

9. Mr. Beyer said the budget committee did approve the asking 2007 budget. It currently does not include any money from the income tax. There was a pubic hearing on the budget. Mr. Beyer moved to adopt the fiscal year 2007 asking budget. Mr. O’Callaghan seconded the motion. All concurred and the asking budget was adopted.

 

10. Open Agenda

Mayor Packard was concerned because there had been some children running around at night. He was also concerned about semi trucks in town because of a call he had received. Mr. Applegate said if they see something, they could call the police after hours. Mayor Packard said that in talking to the police, they said they would notify Glen Green on Monday.

Mrs. Terry said it was her that had called the Mayor. She said she had called the police and talked to Lieutenant Goudy. He said he would log it and turn it over to Mr. Green. She said he called her back later and they had gone over and had the semi removed. Mr. Applegate said if the semi was parked on the street, it could be cited. Mr. Applegate said they logged it and verified the semi was parked on the street. Mr. Applegate said the police took pictures and the situation was handled. Mr. Applegate said the best thing would be to call for the police if this occurs after business hours.

Mr. Beyer said Mr. Applegate had mentioned a couple of months ago that the council packets could be e-mailed. Mr. Applegate said they had just received scanning equipment and they were working on being able to do that.

Mr. O’Callaghan asked if the city crews that are mowing the green spaces in Concord Farm North, could check the walk ways because a lot of the walkways are being overgrown by brush. Mr. Applegate said they were working towards that and it was on their list of things to do.

Mrs. Terry said she had a problem on their street and she wanted to thank the police. She had great success with the crew they have now and thought they were very dedicated. She said she thought the rumor Mr. Anderson heard could not be true. She said she wanted to commend them for the work  they had done on her street.

Mr. Applegate said East Martindale Road had been closed by Montgomery County. The county was working on the east side of the Stillwater River.It should be open in a couple of days. When that road is re-opened, the city will start the Old Springfield Project and that road will be closed for two or three months. The city is the entity that is closing that road.

11. 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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July 24, 2006

Mayor Packard called the July 24, 2006 City of Union council meeting to order at 7:30 p.m. Monday evening. Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mayor Packard, Mrs. Goudy, and Mr. Beyer.

Other city staff members present were Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Mike Blackwell, Public Safety Director and Glen Green, Building and Zoning Inspector.

Mayor Packard said that Mr. Hissong was still in the hospital so he moved to excuse Mr. Hissong. Mr. Beyer seconded the motion. All concurred and Mr. Hissong’s absence was excused. Mayor Packard moved to excuse Mr. O’Callaghan who was on vacation. Mrs. Goudy seconded the motion. All concurred and the absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the council minutes from the July 10, 2006 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted. Mrs. Terry seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. No one indicated that they had any comments.

3. A PROCLAMATION HONORING KENNETH QUINTER.

Mayor Packard said he felt that this was something special and that Mr. Quinter had done the City of Union a special service by being who he is. Mayor Packard asked City of Union business owner Kenneth Quinter to come forward. A proclamation acknowledging his seventy-fifth birthday on July 3, was presented to him. Mr. Quinter said he was very glad to have been a part of the community. He said he built his plant in the City of Union in 1981. Mr. Quinter said he was surprised and honored to receive the proclamation. He thanked the mayor and council.

4. THIRD READING - ORDINANCE 1393 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Bruns moved to have the third and final reading and adopt Ordinance 1393. Mr. Beyer seconded the motion. All concurred and Ordinance 1393 was adopted.

5. THIRD READING - ORDINANCE 1394 - 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. Beyer moved to have the third and final reading and adopt Ordinance 1394. Mr. Bruns seconded the motion. All concurred and Ordinance 1394 was adopted.

6. A MOTION TO AUTHORIZE THE CLERK OF COUNCIL TO SUBMIT TO THE BOARD OF ELECTIONS THE NECESSARY PAPERWORK TO PLACE THE PROPOSED 1.75 % CREDIT CITY INCOME TAX ON THE NOVEMBER 7, 2006 ELECTION BALLOT.

Mrs. Winemiller said that they need council’s approval to submit the ordinance to the Board of Elections to place on the ballot. Mr. Bruns moved to authorize the Clerk of Council to submit to the Board of Elections the necessary paperwork to place the proposed 1.75 % credit city income tax on the November 7, 2006 election ballot. Mr. Beyer seconded the motion. All concurred and the motion was passed.

7. THIRD READING - ORDINANCE 1395 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $1,200,000 FIRE STATION EXPANSION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCES OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF EXPANSION OF THE FIRE STATION FOR FIRE AND EMS SERVICES. (three readings)

Mr. Beyer moved to have the third and final reading and adopt Ordinance 1395. Mr. Bruns seconded the motion. All concurred and Ordinance 1395 was adopted.

8. ONE READING - ORDINANCE 1396 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $183,800 CITY BUILDING IMPROVEMENT BOND ANTICIPATION NOTES, FIFTH (2006) 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.

Mrs. Winemiller said she would like to comment on Ordinances 1396 through 1400 because they were all one year bond anticipation notes that were being renewed for the principal amount and were for projects that had been completed. She said they were asking them to be passed as an emergency because the prior year’s issue is closing and they needed to have the money available to pay off the debt retirement. Otherwise, the city would be in default. When each one was read the first time, there were three readings.

Mr. Bruns moved to declare Ordinance 1396 an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Bruns moved to have the one and only reading and adopt emergency Ordinance 1396. Mr. Beyer seconded the motion. All concurred and Ordinance 1396 was adopted.

9. ONE READING - ORDINANCE 1397 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $66,900 WATERLINE REPLACEMENT BOND ANTICIPATION NOTES, SEVENTH (2006) RENEWAL BY THE CITY OF UNION, OHIO, INANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF REPLACING AN EXISTING WATERLINE ANDDECLARING AN EMERGENCY.

Mr. Bruns moved to declare Ordinance 1397 an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Bruns moved have the one and only reading and adopt emergency Ordinance 1397. Mr. Beyer seconded the motion. All concurred and Ordinance 1397 was adopted.

10. ONE READING - ORDINANCE 1398 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $86,400 MERRYMAID STORM WATER SEWER SYSTEM IMPROVEMENT BOND ANTICIPATION NOTES SECOND (2006) 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 STORM WATER SEWER SYSTEM BY REPLACING EXISTING CORRODED METAL PIPES AND OTHER CORRODED FIXTURES AND DECLARING AN EMERGENCY.

Mr. Bruns moved to declare Ordinance 1398 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 Ordinance 1398. Mayor Packard seconded the motion. All concurred and emergency Ordinance 1398 was adopted.

11. ONE READING - ORDINANCE 1399 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $95,300 STATE ROUTE 48 IMPROVEMENT PROJECT (PHASE II) BOND ANTICIPATION NOTES, SECOND (2006) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE CITY’S PORTION OF THE COST OF IMPROVEMENTS TO STATE ROUTE 48, AND DECLARING AN EMERGENCY.

Mr. Bruns moved to declare Ordinance 1399 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 1399. Mr. Beyer seconded the motion. All concurred and Ordinance 1399 was adopted.

12. ONE READING - ORDINANCE 1400 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $141,000 WATER SYSTEM IMPROVEMENT BOND ANTICIPATION NOTES, FOURTH (2006) 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. Bruns moved to declare Ordinance 1400 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 1400. Mr. Beyer seconded the motion. All concurred and Ordinance 1400 was adopted.

13. ONE READING - ORDINANCE 1401 - AN ORDINANCE CONSOLIDATING SIX BOND ANTICIPATION NOTE ISSUES OF THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mrs. Winemiller said this ordinance combines all of the notes, including the fire house note which just went through the three readings. By combining this into one large issue, they will probably receive a better interest rate. It is declared an emergency so they can repay the debt that they plan to retire in the middle of August. Mr. Bruns moved that Ordinance 1401 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 1401. Mr. Beyer seconded the motion. All concurred and Ordinance 1401 was adopted.

14. ONE READING - ORDINANCE 1402 - AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL ESTATE LOCATED AT 401 NORTH MAIN STREET AT THE CORNER OF STATE ROUTE 48 FROM RONALD R. BUTT AND ALMA F. BUTT AND DECLARING AN EMERGENCY.

Mrs. Winemiller said the council has already approved the project for CDBG funding where the city would purchase the property and demolish the existing house at 401 North Main Street. They are asking the ordinance to be passed as an emergency so they can meet the time deadline required by the CDBG application. They had applied for $70,000 but received $50,000. Mrs. Winemiller said they felt they could still do the project. Mr. Bruns asked about the closing date and Mr. Moore said that they had met with the Butt family and this was one of several forms and there were some amendments but the closing would actually be held at a later time. Mr. Bruns moved to declare Ordinance 1402 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 1402. Mr. Beyer seconded the motion. All concurred and Ordinance 1402 was adopted. Mr. Moore said the acceptance was up through today. The closing has to take place by December 31.

15. ONE READING - RESOLUTION 06-05 - A RESOLUTION TO ADOPT THE SOLID WASTE MANAGEMENT PLAN FOR THE MONTGOMERY COUNTY SOLID WASTE MANAGEMENT DISTRICT.

Mrs. Winemiller said this is the Tri-annual update for the Montgomery County Solid Waste Management Plan. Mrs. Winemiller said it was staff’s recommendation that the city adopt this plan. Mr. Bruns moved to have the one and only reading and adopt Resolution 06-05. Mr. Beyer seconded the motion. All concurred and Resolution 06-05 was adopted.

16. ONE READING - RESOLUTION 06-06 - A RESOLUTION AUTHORIZING THE POLICE CHIEF TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) GRANT PROGRAM AND TO EXECUTE AGREEMENTS AS REQUIRED.

Mayor Packard asked Chief Blackwell to give some background on the D.A.R.E. program. Chief Blackwell said that this was a new program. The program used to be handled by Montgomery County Sheriff’s Office but the sheriff felt it was in their best interest to pull out of Union, Brookville and New Lebanon, leaving their schools without a program. The Chief sent a senior officer, Officer Kevin Kern to the D.A.R.E. school. He completed the school and has had his first session which was very successful. Now, they are able to apply for grants to receive some revenue to utilize the program. This grant covers the cost for the personnel and man hours. They will also apply for some grants in the future to cover equipment. Officer Kern will spend one or two hours a week at the school and this grant will cover that expense. Mayor Packard said that Officer Kern worked well with the children. Mrs. Winemiller said it was a fifty percent grant. The city pays fifty percent and the State of Ohio pays fifty percent. Mr. Bruns moved to have the one and only reading and adopt Resolution 06-06. Mr. Beyer seconded the motion. All concurred and Resolution 06-06 was adopted.

17. ONE READING - RESOLUTION 06-07 - A RESOLUTION OF INTENT TO APPROPRIATE REAL ESTATE.

Mr. Moore said this a resolution with the intent to appropriate real estate owned by Eleanor Starline. The city and Mrs. Starline have negotiated and agreed upon a price. The mortgage company has an interest in the real estate and the city is working with them but they have not been able to get an agreement with the mortgage company in the time needed. Mr. Moore said he was confident that this will be settled but they need to have this resolution in place to appropriate real estate if necessary. Initiating this litigation will likely help get this settled. The city has met with Mrs. Starline who is the one that has to set the price for the property, but the mortgage companies are considered interested parties. Mr. Bruns moved to have the one and only reading of resolution 06-07. Mr. Beyer seconded the motion. All concurred and Resolution 06-07 was passed.

18. ONE READING - RESOLUTION 06-08- A RESOLUTION AUTHORIZING JOHN P. APPLEGATE, CITY MANAGER TO SUBMIT AN APPLICATION TO PARTICIPATE IN A PROGRAM FOR CLEAN OHIO CONSERVATION PROGRAM FUNDS AND TO EXECUTE CONTRACTS AS REQUIRED.

Mrs. Winemiller said this was another grant application applying to the Ohio Clean Water Act to acquire and preserve a wet land area for the Grove at Stoney Crest Development. The land is located on the south side of Old Springfield Road and west of Frederick Pike. There is seventy-seven acres that Oberer Development owns and plans to develop. Within the seventy-seven acres is twenty-six acres to be set aside for wetlands. There will be restrictions on the property and it will only be allowed to be used for passive type of recreation to preserve the wet land area. Mayor Packard said he felt this was a good move to make on the city’s part. Mr. Bruns moved to have the one and only reading and adopt resolution 06-08. Mr. Beyer seconded the motion. All concurred and Resolution 06-08 was adopted.

19. Open Agenda

Mayor Packard said he was worried about Mr. Hissong and knew if he could have attended the meeting he would have. He asked that they keep him in their thoughts.

Mr. Beyer asked Mrs. Winemiller where the city stood with “on line banking”. He said he could pay on line with his bank but they have to issue an actual check and send it to the city. He asked if there could be some kind of automatic payment where the money would be automatically withdrawn from his account. Mrs. Winemiller said they were getting requests for that, and they were getting some of the checks from the banks. She said they would hope to do that eventually but right now, funds had not been set aside for that. She said they would like to set that up as part of their city web site.

Mrs. Terry said she was also concerned about Mr. Hissong.

Mrs. Terry said she had a few questions for Mr. Green, the building and zoning inspector. She asked if he cited someone to make some repairs, if he would go back and look at the repairs and if there were certain standards or building codes that would need to be followed. Mr. Green said they do have a property maintenance code. He said if there was a problem, he would send out a first notice. There could be up to three notices sent out and if it was not corrected, it would go to court. Mrs. Terry used an example if there were holes in something and they were to fix the holes was there something to tell them how to fix the holes. Mr. Green said if the hole was fixed, if they nailed on a board and painted it, that would be sufficient because there was nothing in the code book telling them how they would have to fix the hole. Mrs. Terry said her next question was, if they were selling the house, would that pass the pre sale inspection. Mr. Green said if there was something specific that would cover the situation he could, other wise, he could not make them change what was done.

Mrs. Winemiller said that Old Springfield Road was now closed.

Mr. Moore said he had a couple of items following up with Mr. Green and Mrs. Terry. When the property is sold, since they have pre-sale legislation in place, if there was a law that allows the city to say a repair has to be done a certain way, Mr. Green could enforce it at that time. If the city doesn’t have a ordinance to have the resident make the repairs, hopefully the buyer would have the repairs done in a workmanlike manner. The city has to work within the parameters of the ordinances that they have. Mr. Moore said that Mr. Green had brought several cases to court after citizens have been cited and the city has had success getting dogs removed, or certain problems resolved. He said the staff does take these matters seriously. They do enforce zoning violations and go thorough the appropriate due process so if they have to go to court, they can prevail.

Mr. Moore said they have new people in the audience and he wanted them to be aware that all of the council members had received their packets the Friday before to look over so they were already familiar with the items on the agenda.

Some ordinances were passed as emergency and that is allowed in the charter as long as there is a reason. Most of the items needed to become effective immediately. Otherwise, it would generally take thirty days after the ordinance is passed for the ordinance to go into effect. The law allows a charter city such as Union to pass items as an emergency.

Mayor Packard said there were a few representatives from local newspapers. Mayor Packard said they missed the presentation for Mr. Quinter and the reporter said she was hoping to follow up on that after the meeting.

20. Mr. Bruns moved that the council meeting be adjourned. Mrs. Goudy 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 14, 2006

Mayor Packard called the City of Union council meeting to order. The meeting was held on Monday, August 14, 2006, at 7:30 p.m.

Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, 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 moved to excuse Mr. Hissong who was still in the hospital. Mr. Beyer seconded the motion. All concurred and Mr. Hissong’s absence was excused.

Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any additions or corrections from the minutes of the July 24, 2006 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Beyer seconded the motion. Mr. O’Callaghan abstained, the other council members voted for the motion and the minutes were accepted as prepared.

2. Mayor Packard recognized several residents who wanted to address the council. Stacy Spirk said she wanted to provide some information to the council. She resides in Irongate Estates and asked if everyone knew that Ryan Homes was pulling out from building in Irongate Estates. She said that Mr. Firsdon of Irongate Estates Ltd. does not have very good communication with the homeowners and there were things that the homeowners did not understand. She said when they talked to Mr. Firsdon, he indicated that he was not aware that Ryan Homes had pulled out. She said she was concerned about what was going to happen to the neighborhood. She wanted to make sure the city was informed.

The second issue she wanted to discuss was concerning the pond located at the front entrance. She said approximately three weeks ago, Mr. Firsdon called her husband who takes care of the pool and informed him that if the neighborhood wanted the pond cleaned and the fountain installed, they would have to come up with two thousand dollars in addition to their dues. Mrs. Spirk said they were upset and informed Mr. Firsdon that all of them have a problem with the extra expense. Mr. Firsdon said the reason it wasn’t done was because they already owe over nine hundred dollars to the person that installs the pump every year. Mr. Firsdon said he wanted everyone to put in twenty dollars. Mrs. Spirk said they have asked for a detailed report on what is spent and they have not received anything from Mr. Firsdon. Mrs. Spirk said they were thinking of getting an attorney. They were also concerned about the club house so Mrs. Spirk said if they tried to take over the building, they would have an unpaid mortgage. Mrs. Spirk said it seemed like Mr. Firsdon was very unorganized. Mrs. Spirk asked if the city could help or guide the home owners on what they could do. They wanted to move now before the dues are established again in April. She said they were planning a meeting to inform everyone on what was going on.

Mayor Packard was sympathetic with what was happening but said the city could not do anything about it. He said on the weeds, the city could notify them and if the weeds were not cut, the city could do the mowing and place everything on the taxes but the pond was on private property. Mayor Packard said he had just heard about Ryan Homes that day. Mr. Moore said the homeowner’s agreement was between the home owners and the developer. As long as the developer has so many units, he still has some control and their only remedy is to enforce the agreement. Mr. Beyer said he spent twenty-one years in a Ryan Home and he understood where they were coming from, but it was all private property. Any contractual agreement is between Ryan Homes and Byron Firsdon and the city can not be involved. Mr. Beyer asked how much dues were for the development and they said they were paying $240.00 a year. Mr. Beyer said with the swimming pool and its mortgage, those were small fees and in his opinion, the fees would need to be in the five hundred to one thousand dollar range.

Mrs. Spirk asked if there was any organization they could contact about the pond. Mr. Applegate said he had talked to some residents and Tony Baldrige has contacted the Ohio EPA and he said it is private and they have no control over it. Mr. Applegate said he had talked to Bruce Anderson earlier and was assured that the pond would be taken care of. It had not been. Mr. Applegate said they are having the weeds mowed and the contractor that has installed Section 4 will clean out the stumps. Ryan Homes did call the city on Friday and said they will finish building the five or six lots they still own but due to market conditions, they are pulling out of Irongate Estates because the building market is soft and they are basically breaking even. Mr. Applegate said that the steps that the city can legally do, they are doing. Mr. Applegate said it is a pond and moss grows in it. The city has a pond that is just like that. It is a spring fed pond. Mr. Applegate said the home owners have offered to put the pump in but they are still not getting a response even for free help. Mr. Applegate said if the homeowners in the development are not satisfied, they need to contact an attorney. Mr. Applegate said there are also some people that have not paid their fees and there are procedures in the by-laws that allow the developer to go through the steps to collect those funds. Mr. Applegate said he did not understand why they have not done that. Mrs. Spirk said the developer did not even have an accurate list on the home owners and know who had paid their fees. Mr. Applegate said it would be smart to hire an attorney.

Another resident said that she had talked to Mr. Applegate on the phone. She asked if they could force Mr. Firsdon to have the homeowner’s association turned over to a management company. Mr. Moore said he could not give them legal advice but assuming that the association documents have provisions on how the developer is supposed to do things and what the remedies are if he doesn’t, the homeowners could possibly get an injunction, complaint, etc. He said he had not read any of the documents but that would be his suggestion. The property owners would have nothing to lose and a lot to gain.

Mr. Applegate told Mrs. Spirk that they may have some initial out of pocket expenses but they may eventually get reimbursed for their time and effort by the association. Mr. Beyer asked Mrs. Spirk if they have a board of directors. Mrs. Spirk said Mr. Firsdon would not come to any more meetings but he would be willing to meet with a small group of six people. Mr. Moore suggested they call the Dayton Bar Association and ask what lawyers do home association work or real estate type of work. Mr. Applegate said Mr. Moore is suggesting they get something different set up so they pay their funds to a court appointed receiver instead of Mr. Firsdon.

3. ONE READING - ORDINANCE 1403 - AN ORDINANCE AMENDING CODE SECTION 1341.02 (A) (10) BY THE CITY OF UNION AS ENACTED BY ORDINANCE NO. 1274. (waive three readings)

Mr. Applegate said this ordinance would amend the sign ordinance changing the requirement of thirty square feet of sign area to thirty-two square feet so it would match a standard 4 x 8 foot sheet of plywood. In looking back to the original notes, they had intended on doing that but it was not changed. Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1403. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Bruns moved to have the one and only reading and adopt Ordinance 1403. Mr. O’Callaghan seconded the motion. All concurred and Ordinance 1403 was passed on the first reading.

4. ONE READING - ORDINANCE 1404 - AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A RIGHT OF WAY OF REAL ESTATE FOR THE CITY OF UNION AND DECLARING AN EMERGENCY.

Mr. Applegate said this would be the next step for the acquisition of the right of way that started several weeks ago. The process was moving along and they discovered that the property owner had a lien on the property. The original bank was bought out and they have not been able to get a release of a lien from the new bank. This will be the next step in the process to prompt some action. It is a process that must be done for eminent domain. Mr. Bruns moved that Ordinance 1404 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 them moved to have the one and only reading and adopt emergency Ordinance 1404. Mayor Packard seconded the motion. All concurred and emergency Ordinance 1404 was adopted.

5. ONE READING - RESOLUTION 06-09- A RESOLUTION AUTHORIZING JOHN P. APPLEGATE, CITY MANAGER TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAMS(S) AND TO EXECUTE CONTRACTS AS REQUIRED.

Mr. Applegate said this resolution will allow the city manager to submit for the next round of Issue II money for next year. The application would be for the last segment of sanitary sewer on Phillipsburg-Union Road from State Route 48 to Marrett Farm Road. This is the last phase. The application is due by Friday at 4:30 p.m. Mr. Bruns moved to have the one and only reading and adopt Resolution 06-09. Mr. Beyer seconded the motion. All concurred and Resolution 06-09 was adopted.

6. Open Agenda

Mayor Packard said he had talked to Mr. Applegate concerning McCraw Drive where some of the homeowners have water that comes up in the back yard. He asked why it was working that way. Mr. Applegate said that design was approved and installed back in the early sixties. At that time, that was the way things were done. Mayor Packard asked if there was any way to improve the drainage. Mr. Applegate said that the last drain the city replaced was a drain that affected fifty-five percent of the community. This drain only affects four or five homes. The cost to replace a drain is expensive. Mr. Applegate said they have talked to the residents concerning this and they have cleaned and checked the catch basin. The storm system is working the way it was designed. Mayor Packard said the water drains down through the yards into a drain in one yard. Mr. Applegate said at that point the water flows into a catch basin. Mr. Applegate said no one in the area had complained until the Mayor’s son rented a house there. Mr. Applegate said he has explained the situation to him. Mayor Packard said that other neighbors have called him. Mr. Applegate said he understood the Mayor’s son had gone door to door to the neighbors and that it was his right to do that but the system was designed that way and was working. Mayor Packard said it should have been done right the first time. Mr. Applegate said when that neighborhood was built, that was an accepted design. Mr. Applegate said if the city would ever receive extra funds and the council directed him to replace the drainage system, they would.

Mrs. Goudy said her thoughts were with council member Jerry Hissong.

Mr. O’Callaghan reminded everyone of the Toll Road festival coming up. Mrs. Winemiller said they always needed volunteers.

Mr. Applegate said there was a memorandum about the NPDES permit. The city filed for a renewal in 1998 and the E.P.A. is finally addressing this. Mr. Applegate said when they get more information, he will make sure the council gets it.

Mr. Applegate said they would need a second meeting in August so they can award the bid for the fire house. Mr. Beyer moved that the council have a second council meeting in the month of August on August 28, 2006. Mr. Bruns seconded the motion. All concurred and the motion was passed.

7. Mr. Beyer moved that the council meeting be adjourned. Mr. O’Callaghan seconded the motion. All concurred and the August 14, 2006 council meeting was adjourned.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

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August 28, 2006

The City of Union council meeting was called to order by Mayor Robert Packard on August 28, 2006, at 7:30 p.m. on Monday.  Attendance was taken and the following council members were present at the meeting: Mr. Bruns, Mrs. Terry, 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.

 Mr. Hissong was still in the hospital so Mayor Packard moved to excuse his absence from the council meeting.   Mrs. Terry seconded the motion.  All concurred and his absence was excused.

 Mayor Packard called for a moment of silence. 

Mayor Packard moved to table item # 3 on the agenda.  He said they had not been able to contact the people involved.   Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1405 was tabled.

Mayor Packard welcomed everyone to the meeting and made sure that everyone had an agenda.  He explained that each person would have the chance to address the council for five minutes. 

1.     Mayor Packard asked if there were any additions or corrections to the minutes from the August 14, 2006 council meeting.  There were no corrections so Mr.  O’Callaghan moved that the council minutes be accepted as prepared.  Mrs. Terry seconded the motion.  All concurred and the council minutes were accepted as prepared.

2.      Mayor Packard asked for comments from the citizens and visitors in the audience. 

Mayor Packard identified Phyllis Taylor, from 147 Westrock Farm Road.  She was concerned about the maintenance of properties in Irongate Estates and asked what was being done to make the developer fulfill his obligations.  

Mayor Packard responded that the City Manager and the Zoning Inspector have cited the developer and had the properties mowed.  The city will put all mowing charges on the property taxes.  In response to another question from Mrs. Taylor, the city will have the vacant lots mowed. 

Ryan McDaid from 122 Springhouse Drive said he understood that the City of Union had street lights that need to installed on his block from Barnside Road on.  He heard that the city has the street lights in their possession but since the developer has not paid for them, they are not set up yet.

Mr. Applegate said the City of Union does not have those street lights.  Dayton Power and Light has been authorized to install the lights and the plan for the lights was approved approximately nine months ago.  Mr. Applegate said it was his understanding that the lights would be installed.  The street lights are required by the city’s subdivision regulations.   Mr. Applegate has called the developer to see what his schedule is and if he fails to install the lights within a certain length of time, the city will authorize Dayton Power and Light to install the poles and they will put the installation charges on the property taxes. 

Nikki Adams from 119 Summitt Drive asked if there would be any more people building since Ryan Homes was pulling out.

Mr. Applegate said he had not heard about any new builders.  Ryan Homes had called him two weeks ago saying they were leaving.  Ryan Homes would finish the nine other lots that they have in Irongate.  Mr. Applegate said he had not heard from Vantage Homes but he understood that they were staying.  He added that like most developers, he was sure that Irongate Estates is looking for builders to take their place. 

Mr. Applegate said he had talked to Dan Medder and he assured Mr. Applegate that warranty work on the homes will be taken care of but due to the housing market, they will not be building in Union. 

Stacy Spirk, 112 Irongate, said she would like to have Rob Schommer speak in her place.  

Rob Schommer said he lived at 115 Barnside Drive.  He offered to sum up some of their concerns.  He said their attendance was not to bombard the city council with their problems or intimidate the council.  He said Union was a property tax driven city and he was sure the council was as concerned as they were about their property values.   He said their neighborhood generated about a quarter  million dollars of income for the city and they would like to see the same return on their investment as the city would.  Mr. Schommer said that is the premise of their concerns. 

He thanked the city manager for the work he had done.  He said he understood that the city would authorize mowing once a month with all bills going to Mr. Firsdon.  He said he commended the city for contacting Mr. Firsdon and taking action in making sure the street lights will be installed.  Mr. Schommer said he talked to Mr. Firsdon the day before and he had said he had no idea that it was his responsibility. 

Mr. Schommer asked Mr. Applegate about the pond.  He questioned when EPA granted the permit for the pond, what type of a pond was it?   He wanted to know if it was a controlled sediment at the input of the storm  water or if they would let the sediment fall into the pond.  He said some of the rocks were removed and the rocks had controlled the amount of sediment going into the pond.  He was afraid that they would start having over flow problems and that someone needed to dredge out the sediment.  He asked who would be responsible for that. 

Mr. Applegate said it would be the developer’s responsibility to clean it out.  He said one of the things that happened is that there is a spring at the base of the pond so water is going in and out.  Mr. Applegate said the detention pond would have to be at the capacity for which it was designed. 

Mr. Schommer thanked Mrs. Terry for inviting them to come to the meeting so they could be heard.   He asked that any information be provided to the group of home owners, even though they were not an official home owner’s association.    He said their goal was to get builders in and keep their property values up.   He said as long as they were getting support and cooperation from the city, the city would get the same from the Irongate residents.  Mr. Applegate said he had Mr. Schommer’s phone number and if Mr. Schommer agreed, he would be the city’s contact to provide information to the homeowners in Irongate Estates. 

Amy Pryor, from 234 Irongate Drive said  her concern was the pond and that had already been discussed.  She asked what the Irongate website is and was told  irongatehomeowners.com.

Kenneth Spann said his concern was the pavement in Irongate.  He said the water was backing up in front of his yard right now.  The road has not been paved. 

His address is 107 Summitt.  Mr. Applegate said he had asked for those streets to be finished out in that section and the developer had asked for quotes from Miller Brothers Construction which were provided.  Mr. Applegate said curbs needed to be replaced and other items like that, and he had asked that everything be completed by October 1, 2006.

Mayor Packard recognized Daniel Ott from 139 Springhouse Drive.    Mr. Ott asked about the intersection of Springhouse and Westrock Farm.  He said now that the road is opened, there is a lot of traffic there.  He asked if they could make that into a four way stop.

Mr. Applegate said he had provided all the information to Richard Oaks, the traffic engineer, and was waiting to hear back from him.  He said he would report back at the next meeting.  Mr. Applegate said they follow the uniform Traffic Code. 

Mayor Packard said the officers have increased their presence and several members of the public agreed. 

Stacy Spirk from 112 Irongate said she and her husband did see an attorney concerning  the community suing the developer.  The cost would be approximately $12,000.  They agreed that they did not want to take on that debt in addition to the debt on the club house.  She said they would be deluging Mr. Firsdon with letters from citizens in the development.    A copy of the letter will be kept in the official record.  Mrs. Spirk said Mr. Firsdon had called her husband and said that within two days he will have a company out to start working on the pond. 

Fran Uhrig, from 120 Irongate, said at the back of her house is a concrete drainage ditch.  She says in the last couple of years, it always has water in it.  She asked if the city would fill it in or cover it with tile or what they will do about it.

Mr. Applegate said the city owns that swale which was put in when Concord Farms West was developed.   The concrete channel was required to prevent erosion.  Most of the water in that area is from springs.  The water that is pumped out from the basements is some of the water that goes through that ditch.  Mr. Applegate said it would be a huge cost to enclose that ditch which drains water not only from the city but also the property located west of the city.  The city does not have the money to do that. 

Tom Rudman, from 108 Summitt Drive, asked if Mr. Firsdon was responsible for the pond until all of the lots are developed.  He asked if that was part of the developer’s responsibility.  He was concerned about additional costs being passed on to the homeowner’s association.  Mr. Applegate said they wouldn’t be responsible for the street lights, but everything else would be their responsibility.   The developer is in control of the home owner’s association until 75 percent of the homes are sold.  After that, everything would be turned over to the home owner’s association.  

Jennifer LaRue said her question concerned the pond.  She asked what the city could do and if the pond area could be mowed.

Mr. Applegate said he wanted to clarify something said earlier.  The City of Union was not actually mowing the property but they had hired a contractor that was billing them and they were putting those charges on the taxes.  Everything else is at Mr. Firsdon’s expense.  Mr. Applegate said they would need to work that out with Mr. Firsdon. 

Mr. Beyer said that it is Mr. Firsdon that is responsible for all these things now but once the home owner’s association takes over, they will be responsible for the pond, pool, club house, etc.   

Mr. Beyer said he was in a Ryan home owner’s association for twenty-one years and it was not the easiest thing to do but the Irongate residents would need to “step up to the plate”.  He wanted to make sure they all understood where the city was coming from and what the homeowner’s responsibilities would be at some point in the future. 

One of the residents was concerned that the items that were being placed on the taxes would come to the home owner’s association and they would receive a year’s worth of debt.  Mr. Applegate said the charges on the taxes would be placed on the property that Mr. Firsdon owns, not what the residents of Irongate own.  Mr. Applegate said they were not mowing the common area.  They were mowing land owned by the developer.  The lots that have not been sold are not part of the home owner’s association but are actually owned by Byron Firsdon.  The charges for mowing are sent to the county auditor and placed on the property taxes.  If the city would mow the property owned by the home owner’s association, there is a bill that would need to be paid.   If the city mowed the common area that is owned by the home owner’s association, there is a deed for that property and the taxes would be attached to that. 

A resident with a home at 230 Irongate Drive said his street was not a dedicated street.  He said his neighbor’s alarm went off and the emergency vehicles had difficulty finding  his address.  Mayor Packard said they should be certain that they have their house numbers on their homes.  The residents were concerned that there are two separate Irongate Drives and they do not connect yet.

Mr. Applegate said he would check into that personally.  He said dispatch and the fire and police departments are given maps.  If there is a problem, he asked that they let the city know about it because that is easy to get corrected. 

Mr. Applegate said the streets would connect eventually.  He said when they call, they should tell them they live on Irongate off of Springhouse, in the new section. 

In response to a question from a resident, there were two sections left that have not been started in Irongate Estates. 

Matt Donohoo at 214 Irongate said they were asking $50,000 per lot.  He asked if there was anything they could do to negotiate the price of the lot.  He was also concerned about an emergency response due to the dead end street, not yet being connected to the original section of Irongate Drive.

He was also concerned that builders were dumping rock, cement, dirt, wood, etc.  He said the area was starting to look bad. 

Mr. Applegate said the dumpster was there and he has talked to them and they said the area would be cleaned up. Mr. Applegate said that has always been a problem with builders and dead end streets.  Mr. Applegate said the developer had plans to open up the next section but the housing market has slowed down not only in Union but everywhere. 

A resident thanked the council for listening and thanked the police department for the extra patrols in Irongate Estates.

Jill Steele from 100 Summitt Drive asked if the vacant lots were already on a rotation to be cut.  Mr. Applegate said yes.  Mr. Applegate said if she was concerned about a vacant lot that needed to be cut, she should call city hall.

She asked if there was any kind of price limit on the charges that could be placed on the home owner’s association.   Mr. Applegate said they should try to look at the books and find out what their responsibilities are and set up an escrow account to see where the money is going.

Ms. Steele also asked if all of the council members are elected to the city council.  She asked if they were going to have an additional meeting with their committee.  Mayor Packard said he had suggested the council meet with their committee. 

A resident wanted to know what was promised to the city.  Mrs. Spirk said there was the original owner, then Bill Dries, then Byron Firsdon.  He wanted to know if the developer was doing what he agreed to.

Mr. Applegate asked that what is public and what is private not be confused.  He said what was promised to them for the public areas is being done.    The resident said he would like to see the presentation that was made from the original developer. 

Ms. Steele said she wanted to know what roll the city will have in assisting the home owner’s association. 

Mr. Moore said the city can only do what the law allows them to do.  They have ordinances and statutes in place and they would love to say they would fix everything for the Irongate residents but there are other tax payers in the city that would not want them to do that.  Within the parameters of the city ordinances and state laws, the city will do what they can.  The questions about rights and remedies about the home owner’s association is a private agreement that was entered into and the city does not have authority over this. 

She asked if there was any law on what could be passed on to the home owner’s association.  Mr. Moore said he had not read their document but he would assume it would be controlled by the agreement that she had.

A resident said the county auditor had audited the agreement.  He asked if the auditor could check what is being done and make sure the developer is in compliance.   

Mr. Beyer said he thought the stamp just meant that the auditor received the documents but they were not read.  He did not think the document would do anything for the home owner’s association.   He said when he purchased his house, Ryan Homes gave him all the documents.

Mr. Applegate said that was correct.  The stamp just meant the documents were recorded at the county. 

In response to another question, the city does not receive the regulations  for the home owner’s association.

Mr. Moore asked if they were talking about the county auditor or county recorder.  Deeds are recorded at the county recorder’s office.

The resident said the paperwork was signed by the county auditor.  Mr. Moore said the county auditor’s authority would derive from state law, but he did not know if they audited home owner’s association agreements.  He had not seen that happen.

3.      ONE READING - ORDINANCE 1405 - AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A RIGHT OF WAY OF REAL ESTATE FOR THE CITY OF UNION AND DECLARING AN EMERGENCY. 

This item was tabled.

4.     ONE READING - ORDINANCE 1406 - AN ORDINANCE AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE FOR 2006 AND DECLARING AN EMERGENCY.

Mr. Applegate said this was to amend the appropriations ordinance that was passed for 2006.  This deals with the money that was borrowed to start the remodeling of the firehouse.

Mr. Bruns moved that Ordinance 1406 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 1406.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1406 was adopted.

5.         ONE READING - ORDINANCE 1407 - AN ORDINANCE ACCEPTING THE BID FROM LACY BUILDING CORPORATION FOR THE FIRE STATION RENOVATIONS AND ADDITION PROJECT AND DECLARING AN EMERGENCY.

Mr. Applegate said that this was the ordinance accepting the lowest and best bid for the construction of the firehouse.  They would like to get this project moving so they are asking that this be passed as an emergency. 

There were ten bids submitted to the city. 

Mr. Bruns moved that Ordinance 1407 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 No. 1407.  Mr. Beyer seconded the motion.  All concurred and Ordinance 1407 was adopted.

6.         Open Agenda

Mayor Packard said this open agenda portion of the meeting was for the council members.  He thanked everyone for coming and invited them to come again.

Most of the residents attending the meeting left. 

Mr. Bruns moved that the council meeting be adjourned.   Mayor Packard seconded the motion.  Mayor Packard voted for the motion, and Mr. Bruns, Mrs. Terry,  Mr. O’Callaghan, Mrs. Goudy, and Mr. Beyer voted against the motion.    The motion did not pass.

Mrs. Terry left the meeting.

Mr. Beyer thanked the citizens remaining, Rob Schommer and Tony Baldridge. 

Mrs. Goudy thanked everyone.  She appreciated the group effort and said she knew Mr. Applegate would do anything he could.  She offered to attend any meetings if they wanted her presence. 

Mr. Schommer said the city did a wonderful job of archiving the minutes on the city’s web site. 

Mr. O’Callaghan appreciated everyone’s comments. He also invited everyone to the city’s Toll Road Festival. 

Mr. Beyer asked if individuals could post to the Irongate Home Owner’s web site and if they could link it to city information like the Toll Road Festival.  Mr. Schommer said he would add the Toll Road Festival on the web site. 

Mr. O’Callaghan said they were presenting the Spirit of Union award.  The winners are George and Kathleen Diamantides on 389 Rinehart Road.  He asked that they drive by and look at their beautifully kept and landscaped home.

Mr. O’Callaghan asked when the slurry seal program would be done.  Mr. Applegate said it would be starting in September.  Mr. O’Callaghan asked if he could have a list of the streets.

Mr. Bruns said throughout the meeting, he heard references made to Irongate as seventy-five percent completed.  He asked Mr. Applegate how close that figure was.  Mr. Applegate said there were 246 lots.  There are still two phases left in the development.  They have the preliminary lay out right now.  Mr. Applegate said if the housing market would pick up, Ryan Homes would come back.  Mr. Bruns said that it would be a while before the home owner’s association could take over.  Mr. Schommer said they did not want to take it over right away.  They wanted to take care of some of the items themselves.  They have plans to take care of the pond on their own.   They hope the developer gets his own bills paid off. 

Mayor Packard said he had a letter to Byron Firsdon from one of the residents.  He asked that it become part of the record.

Mr. Applegate said he was out at Irongate that day and what the city could mow, they would.  He was checking to see what would be done with the piles of stones.  The city wanted rocks removed so the property could be  mowed.  The city has already sent  three notices to Mr. Firsdon on the mowing.  Most of the developers respond to the city’s request.  Mr. Applegate said what they can do, they will do.

Mr. Moore said a few months ago, some residents came that were having some dog problems.  The people with the dogs moved so that problem was resolved.  The cases were disposed of and are over as of this week.

Mr. Applegate said the reason why Ordinance 1405 was tabled was because the process server in California was not able to serve the paperwork.  Mr. Applegate said he hoped they would be able to have this ordinance on the agenda at the next meeting. 

Mr. Beyer  moved that the council meeting be adjourned.  Mrs. Goudy seconded the motion.  All the council members except Mrs. Terry who had left, voted for the motion.   The council meeting was adjourned. 

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

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September 11, 2006

The September 11, 2006 City of Union council meeting was called to order at 7:30 p.m. on Monday.

Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, 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,  Joseph Moore, Law Director, and Lynnette Ballato, trial counsel for the city.

Mayor Packard said he would have an announcement concerning Mr. Hissong in his portion of the open agenda.

Mayor Packard called for a moment of silence.

Mayor Packard said that item # 3 on the agenda would need to be tabled.  He moved that Ordinance 1405 be tabled.  Mr. Beyer seconded the motion.  All concurred and Ordinance 1405 was tabled.

1.         Mayor Packard asked if there were any additions or corrections to the minutes of the August 28, 2006 council meeting.  Mr. Bruns said on page 8 of 10in the last paragraph, he made the motion to adjourn the council meeting, not Mr. Beyer.  With that change, Mr. Bruns moved that the minutes of the August 28, 2006 council meeting be accepted.  Mr. Beyer seconded the motion.  All concurred and the minutes were accepted with one item to be corrected.

2.         Mayor Packard opened up the meeting for comments from the citizens and visitors in the audience.

Robert Lodge of 365 Rinehart Road said he and some other residents were concerned about the open pit for excavation at Mill Ridge Village.  He said it was to be a nice pond with aesthetic value to the community.  Mr. Lodge said that is not what they got.  He was concerned about mosquitoes. 

He said he wanted to bring it to the City of Union’s attention.  He said two of the people on his street have won the city’s beautification award and he wanted to maintain that image.   He said he felt the pit was an eyesore and hoped that the city could do something about it. 

Mr. Applegate said he had contacted Mill Ridge Village and they had not gotten back to him yet.  He said he had not returned Mr. Lodge’s call because he still did not have the information.  Mr. Lodge said he understood that and that the city had helped that subdivision in other matters. 

Mayor Packard recognized David Stamper from West Martindale Road.  Mr. Stamper asked how many people with boom boxes had been cited in the last ninety days.  Mr. Stamper said it was hard to watch television with all the noise from the boom boxes. 

Mayor Packard said they could get with the Public Safety Director and ask him about that. 

Bob Schommer, 115 Barnside Drive, extended his condolences to the city council as friends and colleagues of Jerry Hissong and to the Hissong family.

He also mentioned the tragic events of 9/11 five years ago and asked that they remember the people who sacrificed and lost lives and continue making sacrifices to maintain their freedom and quality of life. 

Mr. Schommer thanked the council for their assistance and for allowing the Irongate Estates residents to be heard at the last meeting.  

3.         ONE READING - ORDINANCE 1405 - AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A RIGHT OF WAY OF REAL ESTATE FOR THE CITY OF UNION AND DECLARING AN EMERGENCY.  (This ordinance was provided at the August 28, 2006 meeting and tabled)

The city representative had not been able to deliver the documents so this Ordinance was tabled by an earlier motion.

4.         ONE READING - RESOLUTION 06-10 - A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. 

Mr. Applegate said this was an annual housekeeping matter accepting the amounts and rates from Montgomery County and certifying them to the county auditor. 

Mr. Bruns moved to have the one and only reading and adopt Resolution 06-10.  Mrs. Goudy seconded the motion.  All concurred and Resolution 06-10 was adopted.

5.         Open Agenda

Mayor Packard recognized William Schneider,  230 Irongate Drive, who also wanted to make some comments.  He said he had done some research through the public records.  He thought the pond was a health issue.  He said he went through the CEC and the EPA.  He said whether it was on private property or not, he thought it was a health issue.  He said he was concerned about the West Nile virus.

Mr. Schneider said he had read through the July 10, 2001 planning commission minutes and that the pond wasn’t going to be a retention pond but a beautification pond.  He said they had a pond doctor come and spray for weeds.  He asked that the City of Union  protect it’s citizens.  He asked if he could see the pictures and diagrams of the pond.  He also talked about Ryan Homes sodding both lots on either side of the Ryan Home model.  He asked who would enforce these things, like sodding on both sides of the model home. 

Mr. Schommer said he had some updated information that he wanted to add.  He said the fountain will be installed the next day and will be up and running.  The pond has been treated, thanks to cooperation of everyone.  The water will then be aerated and that will get the water flowing.   Mr. Spitler, the ground water surface technician for the Ohio EPA, said since the pond is located in direct sunlight, the pond is NOT a habitat for mosquito growth.  The pond is not a hazardous area.  There is an odor from the algae and vegetation growth but since the geese have left, the odor is mostly gone.  Mr. Schommer said the fountain should be up and running and most of the problems with the pond will be resolved. 

Mr. Applegate said he had not looked at the minutes from 2001 but he thought they were talking about the side yards, not the side lots.    He said the ordinance requires sod in the front, side and fifteen feet in the rear yard.  Mr. Schneider said in the minutes, it says they would sod both sides of the empty lots. 

He also asked what the city considered as a full basement and discrepancies of the square footage of the houses. 

Mr. Applegate said if the basement is not finished, it is not considered as part of the living area.

Mr. Beyer asked what Ryan Homes  offered as a full basement.  Mr. Schneider said he had to pay extra to have the morning room and paid extra for a basement under the morning room and under the kitchen.    Mr. Schneider said he had read through all of the council and planning commission minutes on the web site. 

Mr. Schneider said he felt the council bought into an idea and did not follow up on things. 

Mr. Beyer said the council sets the policy and it is up to the city employees to follow the policies.  He said they do not go and inspect houses. 

Mayor Packard said they could have the building inspector look into some of the items mentioned in the minutes. 

Mr. Applegate said that the city has requirements for square footage and the covenants in Irongate Estates has a square foot requirement that is greater than the city’s requirement.   Mr. Applegate said he was not sure how Mr. Schneider was interpreting the minutes, but in those discussions the city did not accept full or partial basements as living area.  Mr. Applegate said he could pull the minutes but he was sure the sod was for the side yards, not side lots. 

Mr. Schneider said his neighbor had gotten a citation about a basketball court in the street.  He said that the inspector has driven down the street so he wanted to make sure that the lots were mowed.   Mr. Applegate said that everyone has been cited and the lots will be mowed.  He said that he was having trouble having his calls returned but the lots would be mowed the next day. 

Mrs. Goudy commented that some of the empty lots had been mowed that day. 

Mr. Schommer said he had the first house built by Ryan Homes.  When they do a basement, they offer their standard package half basement, half crawl space but you can pay for the option of a full basement. 

He said regarding the sod, after some citations from the city, the developer did come in and finish up with gates, lights and a sprinkler system.  The lots have not been built upon but they do have sod. 

Mayor Packard said he had known Jerry Hissong for twenty-seven years.  Mayor Packard said the last thing he worked on was the Old Springfield Road project. He said it had been a pleasure knowing Mr. Hissong. 

Mayor Packard moved to declare a vacancy on the council due to the death of John Hissong.  Mr. Bruns seconded the motion.  All concurred and the motion was passed declaring a vacancy upon the council.

Mr. Beyer moved to appoint John Bruns to the city Planning Commission, taking Mr. Hissong’s place.  Mrs. Goudy seconded the motion.  Mr. Bruns abstained and the rest of the council members voted for the motion.  The motion passed.  Mr. Bruns will now serve on the planning commission.  

Mr. Beyer passed on his condolences to Mrs. Hissong and said he was glad to see her attending the meeting.

Mrs. Goudy also extended her heartfelt sympathy to Mrs. Hissong.

Mr. O’Callaghan said he appreciated Jerry Hissong and all that he had done for the city.  He passed on his condolences to the Hissong family.

Mr. O’Callaghan invited everyone to the Toll Road Festival coming up this weekend.  He invited people to volunteer and get a festival t-shirt.

Mrs. Terry said she had talked with Shirley Hissong who knew how she felt about Jerry. 

Mr. Bruns said everyone had expressed how the council felt about the loss of Mr. Hissong.

Mr. Applegate said that he hoped that by October 1, Old Springfield Road would be open.  The base was down and they hope to have it paved within another week.

Mr. Applegate reminded everyone that there was a special election that would be going on during the Toll Road Festival on Friday and the city would be placing signs making sure that people knew how to get to the polls. 

Mr. Applegate said he had know Shirley and Jerry Hissong his entire life and he wanted to extend his deepest sympathies and condolences to the Hissong family.  He added that Jerry was a good friend. 

Mr. Moore introduced Ms. Lynnette Ballato who was the trial counsel in a case that was just decided by the Court of Appeals.  Mr. Moore read the press release which will be made part of the record and attached to the minutes. 

Mayor Packard relayed information that Irongate Estates would be having a garage sale that would be held at the Irongate clubhouse, September 28, 29, and 30.       

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 25, 2006

 Mayor Packard called the September 25, 2006 City of Union council meeting to order.  The council meeting was held at 7:30 p.m., Monday evening. Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mayor Packard, Mr. O’Callaghan, and Mrs. Goudy. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.   Mayor Packard moved to excuse Mr. Beyer from the meeting since he was in the hospital.  Mr. O’Callaghan seconded the motion.  All concurred and Mr. Beyer’s absence was excused.

Mayor Packard called for a moment of silence.

 1.         Mayor Packard asked if there were any additions or corrections from the minutes of the September 11, 2006 council meeting.  There were no changes so Mr. Bruns moved that the minutes from September 11, 2006 be accepted as prepared.  Mr. O’Callaghan seconded the motion.  All concurred and the council minutes were accepted as prepared.

2.         Citizens’ and Visitors’ Comments

There was no one in the audience that indicated they needed to address the council.

3.         ONE READING - ORDINANCE 1405 - AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A RIGHT OF WAY OF REAL ESTATE FOR THE CITY OF UNION AND DECLARING AN EMERGENCY.  (This ordinance was provided at the August 28, 2006 meeting and tabled)

Mr. Applegate said the parties involved had finally returned his calls and have been in touch with the law director.  Mr. Applegate said they will continue to talk to them and answer any questions they might have.  Mr. Applegate asked that the council go forward and pass the ordinance that evening and then the city will be in a position where they can go forward with the project. 

In response to a question from the Mayor, Mr. Moore said he would like to continue the discussion because some of their questions were based on incorrect information.  The people live out of state so it is more difficult to meet with them.  Mr. Moore said he was hoping to have everyone together to answer questions and get the issue resolved.

Mr. Bruns moved that Ordinance 1405 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 1405.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1405 was adopted.

4.         ONE READING - ORDINANCE 1408 - AN ORDINANCE ACCEPTING THE BID FROM ADVANCED MECHANICAL SERVICES INC. FOR THE HVAC COMPONENTS OF THE FIRE HOUSE BUILDING RENOVATIONS. (waive three readings)

Mr. Applegate said that this ordinance was to have the council authorize the issuance of a contract for the HVAC in the firehouse renovation.  The city has received a letter from one of the bidders in the project.  After review by the City Manager and Law Director, it was their recommendation that the contract be awarded to Advanced Mechanical Systems.  Mr. Applegate said within the bid document is the following statement,  "The city council reserves the right to accept or reject any or all proposals; to waive any and all informalities or irregularities in the bids received or accept any proposal which is deemed most favorable to the City of Union."  Mr. Applegate said this amounts to about a $25,000.00 difference.   Mr. Applegate said in reviewing this with Rick Willis from Lynn App Architects, and checking the experience statement, everyone had given the company a good rating and reported that they do good work.  It is in the bid specs that they can accept their proposal so it was Mr. Applegate’s recommendation to award the bid to Advanced Mechanical Services.   

Mr. Bruns moved to amend the agenda and add "waive three readings" on Ordinance 1408.  Mr. O’Callaghan seconded the motion.  All concurred and the agenda was amended to waive three readings on Ordinance 1408. 

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separates days in regard to Ordinance 1408.  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 Ordinance 1408.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1408 was adopted.

5.         Open Agenda

Mayor Packard said it seemed like everyone had a good time at the Toll Road Festival  on Friday night.

 Mr. O’Callaghan asked if they had any preliminary figures on the festival.  Mrs. Winemiller said that the festival profits were up from 2005.  She said the preliminary figure was roughly $9,500.00 to $10,000.00. 

Mr. O’Callaghan thanked everyone for coming and he thanked the city staff, the volunteers and he especially thanked Mrs. Winemiller.

Mr. O’Callaghan asked if the council had noticed the article concerning the RTA and the change in their route where they would not be coming to Union.    He said he had received a few calls from citizens.

In the discussion that followed, Mr. Applegate said there is a one-half percent sales tax that goes to the RTA.  Mr. O’Callaghan informed everyone that there were phone numbers and an e-mail address in addition to the scheduled meetings if people wanted to contact the RTA. 

Mrs. Terry asked about the small RTA vehicles that pick up the handicapped.   Mr. Applegate said he was not aware if that would be discontinued.  Mr. O’Callaghan said one of the people that had contacted him was working with people that are functional but need to have a ride to work.

Mr. Bruns asked if some questions from the last meeting concerning Mill Ridge Village had been addressed.  Mr. Applegate said he met with Dale Musser and the director and Mill Ridge will have the grass cut around the pond.    They are having trouble finding someone with a side boom mower.  Mr. Applegate said they have made arrangements that the city would make one mowing pass this year around the pond if Mill Ridge would pay for the work.  Mr. Applegate said the pond is a storm water detention pond and approved for that development and the cat tails are not weeds and are actually good for the pond. 

Mr. Applegate said someone had come in years ago concerned about the drainage and the city had assured him that the pond could never be filled in because it is part of the drainage system approved for the development. 

Mill Ridge said they would do some mowing and try to do a better job of maintaining the property.  They will fill in some of the low areas and re-seed places. 

Mr. Applegate said they had hoped to have Old Springfield Road paved by October 1, but due to the weather conditions, that had not happened.  The ground is now wet and soft so it may now be a couple more weeks before the project can be complete.

Mr. Applegate said the city’s  second response to the Southwest District Ohio EPA has been filed and there are copies of his correspondence and the EPA’s letter.  They have not yet received anything back from the Ohio EPA.    Mr. Applegate said they are moving ahead with some of the things they want to do to enhance the wastewater treatment plant.  The changes asked for by the Ohio EPA for the new permit could cost the city two and a half million dollars.   The city has disagreed with some of the requirements of the new permit.   Mr. Applegate referred back to his letter and said the city is forced to do various items concerning the city’s  discharge into the stream.  The stream already meets and exceeds the Ohio EPA’s requirement which is part of the city’s argument. 

The EPA’s testing results differ from testing done by the Miami Conservancy District in regards to the Trading Program. 

Mr. Applegate said this is a process that the city needs to continue to go through.  Due to the extensive improvements required by the Ohio EPA and the city’s findings that differ from the Ohio EPA, this matter may eventually go to court. 

Mayor Packard said starting on September 26, he will accept letters from people who are interested in stepping in to fill the council vacancy.  Mayor Packard said he would accept the letters for the next fifteen days, until October 10. 

6.         Mr. O’Callaghan moved that the council meeting be adjourned.  Mrs. Goudy seconded the motion.  All concurred and the September 25, 2006 City of Union council meeting was adjourned.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

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