Union City Council Meeting Minutes
Fourth Quarter 2000
 
Oct. 2, 2000, Meeting Minutes
Oct. 16, 2000, Meeting Minutes
Nov. 6, 2000, Meeting Minutes
Nov. 20, 2000, Meeting Minutes
Dec. 4, 2000, Meeting Minutes
Dec. 18, 2000, Meeting Minutes
 

Oct. 2, 2000

Mayor Packard called the October 2, 2000 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer.
Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mark Henry, Assistant to the Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said that Mrs. Terry was ill so he moved that Mrs. Terry's absence be excused. Mr. Beyer seconded the motion. Mr. O'Callaghan voted against the motion, Mr. Bruns, Mr. Hissong, Mayor Packard, Mrs. Shields, and Mr. Beyer voted for the motion and Mrs. Terry's absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections of the minutes from the September 25, 2000 council meeting. Mr. Bruns said that on page 6, the first paragraph, the minutes should include "All concurred and the motion was passed." Mrs. Winemiller said that correction would be made.

Mayor Packard moved that the minutes be accepted with the correction. Mr. Bruns seconded the motion. All concurred and the minutes were accepted with the correction made.

2. Mayor Packard then asked if there were any comments or questions from the citizens and visitors in the audience.

Ken Cecil from 137 Concord Farm Road said he and some other residents had some questions about underground utilities and excavation being extended to Concord Meadows that will affect twelve homes in the existing plat. He said he understood that Dayton Power and Light had right-of-way but he asked if the city had explored any other avenues - like utilizing the green space in the rear of the properties.
Mr. Applegate said he had talked to Mr. Cecil late Monday afternoon and had tried to contact Dayton Power and Light but had not been able to reach anyone. All underground utilities in Section 1, Concord Farms North are in the front. Mr. Applegate said he was not sure that the utilities could be moved. Mr. Applegate said if the lines are out front, that is where they need to tie in for the new development. He said until he was able to talk to them, he did not know exactly what Dayton Power and Light would do.
Mr. Cecil said he had some twelve to fourteen year old maple trees and if they trenched where marked, the trees would not survive. He asked if there could be a less intrusive alternative.
Mr. Cecil said they did get a letter saying they would be marking areas and digging test holes. He said if they could cut back to behind the lots, it would still be a straight shot. Mr. Cecil said they now have increased traffic and that people are speeding. He said that after talking to Mr. Applegate, he was told the police would come out and Mr. Cecil said they were out there today.

Tina Bowers from Concord Farm Road was concerned about the traffic and speeders. They asked Chief Gessner to check into it.

Mr. Applegate said that when they have officers watch for drivers exceeding the speed limit, most of the people speeding will usually be the neighbors or people that live in the area. Mayor Packard said they would work with the residents on the speeding that was reported in Concord Farms North.

Dave Clark, from 100 Tall Timbers said the developer had put a sewer line in his side yard. He said it had been five months and the work was not completed. Mr. Applegate said he could address that because after he had talked to Mr. Cecil, he had called and talked to the developer. Mr. Applegate said that the people that had done the landscaping and stone wall at the entrance along State Route 48 and Concord Farm Road would be fixing his yard within the next week to two weeks.

Scott Hadden, 124 Concord Farms, said if they tear up the front yards, what kind of time frame will they have before they repair the yards. Mr. Applegate said he would try to get an answer for him.

3. Open Agenda

Mayor Packard said he was glad to hear from people in the Concord Farm area and
thanked them for coming.

Mr. Applegate said the contractor is working six days a week on State Route 48 and they are moving quickly.

Mayor Packard welcomed Mark Henry, sitting in for Joe Moore, to the council meeting.

Fire Chief Bud Bergman said Fire Prevention Week starts on Saturday. Chief Bergman said October is generally the worst month for fires because heating units are kicking on and people are out burning leaves. He advised everyone to check their smoke detectors and if possible, have an extra one installed.

4. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the October 2, 2000 council meeting was adjourned.

Respectfully submitted,

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

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Oct. 16, 2000

Mayor Packard called the October 16, 2000 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the October 2, 2000 council meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Beyer seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared.

2. Mayor Packard called Chris Guthrie forward. He was sworn in as a full time police officer for the City of Union.

3. Mayor Packard asked if there were any citizens and visitors comments from the audience.
Carla Edwards had a question on resolutions 00-13 through 00-16 and asked if this was normal procedures. Mr. Applegate said it was. She asked why it was being done. Mayor Packard said because they had an election coming up. Mrs. Edwards then asked exactly what the city was authorizing. Mayor Packard said they had been through this before and Mrs. Edwards said she was not present then. Mrs. Edwards said she thought resolutions were usually to authorize something. Mrs. Edwards asked that the resolutions be read. Mayor Packard said he would read the resolution when it came up on the agenda. Mrs. Edwards then said she would assume that the resolution would be asking the voters to vote a certain way on these issues. She asked if the resolution would say the city would give out information. Mayor Packard said it would. Mrs. Edwards asked if this information would be giving both sides of the issue. Mayor Packard said the information would be giving the city's side of the issues since they wanted the citizens' support. Mrs. Edwards said litigation was pending on this very issue. She read a statement to the council that there was legal authority to stop these kind of issues and that the council should be prepared to be publicly and personally responsible. Mayor Packard asked where she was getting that statement and Mrs. Edwards said it was her own opinion.

Mr. Charles Arnett said if the council passed these resolutions, they could rest assured that there would be a law suit against councilmembers. He suggested they listen to a video of a Attorney General Betty Montgomery's opinion on this.

Mr. Arnett also said he wanted to comment on Issue 10. Mayor Packard asked if he could wait, they would discuss the resolutions during the meeting when they came up on the agenda. Mayor Packard said Mr. Arnett would be given a chance to comment.

4. ONE READING - ORDINANCE 1201 - AN ORDINANCE ACCEPTING THE BID FROM BALSBAUGH EXCAVATING INC. FOR THE INSTALLATION OF JODEAN LANE CULVERT REPLACEMENT. (waive three readings)

Mr. Applegate said they had gone out for bids for the installation of the Jodean Lane culvert replacement project. This is an Issue II project and the city's portion is ten percent.
Balsbaugh Excavating was chosen because he was the second lowest bidder and he is local to the City of Union. The difference is less than 1,000 dollars.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1201. 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 Ordinance 1201. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1201 was adopted.

5. ONE READING - ORDINANCE 1202 - AN ORDINANCE AUTHORIZING THE COUNCIL OF THE CITY OF UNION TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A USED 1993 FORD DUMP TRUCK FROM CORKY'S WITHOUT BIDDING AND ADVERTISING AND DECLARING IT AN EMERGENCY.

Mr. Applegate said this ordinance concerned the purchase of a dump truck without bidding to replace a 1981 truck that is no longer running. The 1993 truck is in excellent condition and if brand new, would cost 60,000 to 65,000 dollars. Mr. Applegate recommended that council allow them to purchase this vehicle. The Ordinance is declared as an emergency because the vehicle could be sold anytime and because they can't go out for bids on used equipment.

Mr. Bruns moved that Ordinance 1202 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 1202. Mr. Beyer seconded the motion. All concurred and Ordinance 1202 was adopted.

6. ONE READING - RESOLUTION 00-12 - A RESOLUTION SUPPORTING A PROPOSED STREET REPLACEMENT LEVY FOR THE CITY OF UNION. (ISSUE NO. 8)

Mr. Bruns asked if the law director, Joe Moore, had any comments to the council regarding passing or not passing these resolutions. Mr. Moore said by their vote, the council, as elected officials, would be telling the public how they felt about the items. Section 5.09 of the Union Charter says: The council shall have the power to appropriate and authorize the expenditure of public funds to provide information to the members of the public in connection with elections on proposed tax levies and bond issues for the purposes of the Municipality, and other issues affecting the Municipality and not involving the election of candidates to a public office, or the recall of a member of the Council."
The city has a charter provision to allow the council to do this. The council has a right to tell the public their position. Mr. Moore said Betty Montgomery is the Attorney General but he was not aware of any statement she had made, as Mr. Arnett had implied. Mr. Moore said he didn't know if she was referring to something similar to Union's situation or a statutory city.

Mr. Arnett said he had no problem with the city providing information but he was against the city passing a resolution to support providing information. He said the city would not be explaining the issues, like what would be in the newspaper, but that they would publish information to encourage the people to support the council in their decisions on the resolutions.

Mr. Moore said everyone on the council could express their opinion on issues. Mr. Bruns read the section of the charter again to the public. Mr. Bruns said he was allowed to state his opinion and that would be reflected in his vote on the resolutions.

Mr. Arnett said the council was trying to "advocate their position."
Mr. Beyer asked Mr. Arnett, if the council would put out a newsletter, would it be advocacy or simply telling people what council's opinion was?
Mr. Beyer said in his opinion information like a newsletter would explain his opinion and why he has that opinion. Mr. Arnett said Mr. Beyer may be correct. Mr. Arnett said his understanding was that the council would not only give their opinion but also encourage people to vote a certain way. Mr. Beyer said they would publish information but they would not tell people how to vote. Mr. Beyer said they would lay out the position of the city council.
Mr. Arnett said the resolution that the Mayor will read does encourage the people to vote for the issue. Mr. Beyer said that was because it was their opinion. He said the council has in the past, encouraged people to support park levies, Community Development Block Grants, and other matters.
Mrs. Edwards said this was "our point", when they use public funds, (which Mr. Beyer said is allowed), if they only support one side, even if it is the councils' opinion, it is considered advocacy because it is not neutral information.
Mr. Bruns said the people have a right to know what his opinion is, which will be shown by voting for or against the resolutions. He said the resolution also says the city manager is authorized to expend money to prepare materials for public consumption to citizens regarding the importance of the issue. Mrs. Edwards asked if their information would be included. Mr. Bruns said there will always be a disagreement on whether the information should be stated differently, stronger or weaker.
Mrs. Johnson asked if the council wanted to put out their own opinions, why didn't they pay for it themselves. Mr. Bruns answered that what is put out is not his opinion. His vote on the resolution is his opinion. He added, if the newsletter tells people how the council voted and by how many votes the resolution was passed, that is information that should go to the city residents.

Mr. Arnett said Mr. Bruns read the portion of the charter, but Mr. Arnett said he was talking about the portion in the resolution 00-12 where it says the council encourages the public to support the street levy.
There was further discussion about whether Mr. Arnett considered their resolutions as "advocacy".
Mr. Kidwell said if there was any advocating what so ever by the council or Mr. Applegate, there would be a separate lawsuit not included in the one already going on. He said whoever votes in favor of advocacy will be charged.
Mr. Moore repeated his statement and there was a disagreement with what was said. Mr. Beyer said it was a civil issue, not a criminal issue.

Mr. Beyer moved to have the one and only reading and adopt Resolution 00-12. Mr. O'Callaghan seconded the motion. All concurred and Resolution 00-12 was adopted.

Mayor Packard read the entire resolution, as had been requested.

Mrs. Terry said she was for the street replacement levy but she didn't know why specific wording where people are asked to vote yes was included in the body of the resolution.
Mr. Beyer said the school board, park district, human services, etc. comes to the various cities and asks for the exact same thing, just as the council voted to support the park district levy a few weeks ago. He said he didn't understand why it was okay to do it for other levies but it was not okay for the council to support their own levies.
Mrs. Terry said the people should already know. Mr. Bruns said unless the council votes, the people don't know how the council feels. Mrs. Terry said the people speaking out against the resolutions say it's acceptable if the council supports the levy but the council should not ask the people to vote for the levy.

7. ONE READING - RESOLUTION 00-13 - A RESOLUTION SUPPORTING VOTER APPROVAL OF A REFERENDUM OF CITY ORDINANCE 1169, AMENDMENTS TO THE CITY OF UNION CODE WHICH EXTEND PROHIBITIONS RELATED TO THE PARKING OF CERTAIN TRUCKS AND OTHER LARGE VEHICLES IN RESIDENTIAL AND COMMERCIAL DISTRICTS WITHIN THE CITY (ISSUE NO. 9)

Mr. Bruns moved to have the one and only reading and adopt Resolution 00-13. Mr. Beyer seconded the motion.

Mayor Packard asked if there were any questions from the audience on this issue. Mr. Arnett said that on 00-12, he had a correction. He said school board members did not put forth money and if they had a "yes" sign in a teacher's window, they also had to have a "no" sign concerning school levies. Mr. Beyer said he did not say that, he only said that the council was asked by the school board to support the levy. Mr. Beyer said that Clayton or Randolph Township did expend public money on the fire issue. Mr. Arnett then said Steve Roth had lied about Randolph Township paying for his legal fees. Mr. Beyer told Mr. Arnett that he would have to take that up with Mr. Roth.

Mr. Kidwell said the levy was not 3 mills, it was 2.2 mills. Mr. Applegate said that was not correct. They would be replacing the levy every five years to keep it at 3 mills. Mr. Kidwell said the auditor's office said it was 2.2 mills. Mr. Applegate said that was because of a reduction factor and the levy would still raise the same amount of money. They had continued to replace the levy every five years, keeping the 3 mills so they would not get behind in maintaining the city streets.

All concurred and Resolution 00-13 was adopted.

Mayor Packard read the entire resolution.

Mrs. Terry said she liked the way this resolution read because the body of the resolution indicates support but does not use the word "yes". Mr. O'Callaghan said the resolutions were saying the same thing, it was just semantics.

Mr. Arnett said that to clarify what Mr. Kidwell said, when he said the council would be "charged", he meant when the court would award a large sum of money, it would be their intention to collect that from the council that individually voted for the resolution, not to charge them with a crime.
Mr. Arnett continued to complain about the city amending the ordinance (referring to Ordinance # 1169) two different times and about the "spin" that the city was putting on the ballot.
In response to Mr. Arnett's comments, Mr. Applegate said the Law Director, as required, put together the ballot language and submitted it to the Board of Elections, which was then submitted to the Secretary of State, who said the wording was fine. Mr. Applegate said that is the way it has always been done. If the Secretary of State or Board of Elections doesn't like the wording, the language gets changed until they are satisfied on how the wording is done.

8. ONE READING - RESOLUTION 00-14 - A RESOLUTION SUPPORTING VOTER APPROVAL OF A REFERENDUM OF CITY ORDINANCE 1170, AN AMENDMENT TO THE UNION CODE WHICH DEFINES THE TERM "STORAGE" (ISSUE NO. 10)

Mr. Beyer moved to have the one and only reading and adopt Resolution 00-14. Mrs. Shields seconded the motion. All concurred and Resolution 00-14 was adopted.

Mayor Packard read the entire resolution.

9. ONE READING - RESOLUTION 00-15 - A RESOLUTION OPPOSING THE PROPOSED CHARTER AMENDMENT FOR THE CITY OF UNION RELATING TO MANDATORY PRICING POLICIES FOR MUNICIPAL WATER AND SANITARY SEWER SERVICES (ISSUE NO. 11)

Mr. Beyer moved to have the one and only reading and adopt Resolution 00-15. Mr. O'Callaghan seconded the motion. All concurred and Resolution 00-15 was adopted.

Mayor Packard read the entire resolution.

Mrs. Terry asked what would be the difference between the water and sewer rates for outside of the city. Mr. Applegate said according to the proposed charter amendment, it would be five percent over what is charged to the homes inside the corporation limits. Currently, the city charges more than that. Mrs. Terry mentioned commercial haulers, like Donley's Water Hauling, and then asked why they would be charging only five percent when they could charge more.
Mr. Kidwell then called Mr. Bruns an idiot and Mayor Packard said he would not have that type of behavior. Mr. Kidwell said they were talking about annexations, not commercial water haulers such as Donley's. Mayor Packard pointed out that it was Mrs. Terry that mentioned the water hauler, not Mr. Bruns.
Mrs. Terry asked how much more than five percent the city was receiving. Mr. Beyer said that some people on Main Street have been getting water for a long time. Mr. Applegate said he was not certain what the percentage was now on what the city was getting from selling water outside the city. He said that the point of the charter amendment was to control the city council's ability to establish a rate for any water sales outside the city. For instance, Mr. Applegate said that Clayton just did a deal for 25 percent, but they had the right to negotiate. Mr. Beyer said if the City of Dayton and Clayton have the right to negotiate, why wouldn't the city council have the right to make the best deal they can make, and make sure that the city doesn't over expand the system. Mrs. Terry said if the city was already collecting higher rates from outside the city, she didn't understand what the problem was and she asked if Mr. Kidwell was aware of that information, that people outside the city already pay higher rates.
Mr. Kidwell said that the city was giving away the water to annexation areas, not getting the five percent. The city's policy is not to give water to other communities unless annexed.
Mr. Beyer asked Mr. Kidwell what if expanding the water system costs more that what can be gained by the five percent. Mr. Applegate said every time a new house is built, the city collects six hundred dollars for water taps and six hundred dollars for sewer taps.
Mr. Applegate said the tap in fees are governed by the size of the meter. A larger meter (like for commercial or industrial use) would be a larger tap in fee.
Mr. Applegate said the service resolution for the 640 acres recently annexed says that the city will make water and sewer available. The city would not be extending water and sewer lines. There are only six property owners with existing homes in the annexed area.
The developer will need to run the water and sewer to the acreage and the developers will put in the lift station. The developer will operate a revolving account and as the land is developed, whoever develops the land will pay back the original developer.

Mr. Arnett commented again about the storage of items and if it related only to trucks. Mr. Applegate said if people have living room furniture in the yard and are treating it like lawn furniture, they could be cited. He said they would not cite people for lawn furniture, garden hoses, etc. Mr. Applegate said they added the definition of storage because they didn't have a definition and needed one for dealing with tractor trailers.
Mr. Arnett said an ordinance has to be made clear or it is void, and he complimented Mr. Moore for stating that at an earlier meeting. Mr. Applegate said zoning is initiated by residents. He said some people feel they have a right to store car fenders, car frames, etc. He said they can't provide an ordinance to prohibit every item. If someone feels something is being unfairly enforced, they can come to a council meeting. Mr. Applegate said it is the people that ask for the zoning, that have certain expectations on how the neighbors should keep their property. The city didn't have a definition of the word "storage" and they were trying to establish one so if a problem develops, they can take care of it.

Mr. Arnett wanted to explain the ordinance of the storage of trucks. He says it does relate to the storage of other items and it is misleading to say it only refers to trucks.
Mr. Moore said one ordinance deals with trucks and one ordinance deals with "storage".

10. ONE READING - RESOLUTION 00-16 - A RESOLUTION OPPOSING THE PROPOSED CHARTER AMENDMENT FOR THE CITY OF UNION RELATING TO VOTER APPROVAL OF ANNEXATION OF NEW TERRITORY BY THE CITY (ISSUE NO. 12)

Mr. O'Callaghan moved to have the one and only reading and adopt Resolution 00-16. Mr. Beyer seconded the motion. Mrs. Terry voted against the resolution, the other councilmembers voted for the resolution and Resolution 00-16 was adopted.

Mayor Packard read the entire resolution.

Mrs. Terry wanted to comment on her negative vote against Resolution 00-16. She said she had a lengthy conversation with Mr. Applegate on this issue and he made some very good points. Mrs. Terry said that Mr. Applegate pointed out that the land she was living on, as well as the land her daughter was living on, was annexed into the city. She said she felt "she could not vote to not give the people the right" to study this issue and she said she trusted them to make the vote that would be the best for Union.

Mayor Packard asked Mr. Applegate if there were any ordinances in other cities where voters have the approval of annexations. Mr. Applegate said not that he knew of. Mr. Moore said this was not an ordinance but a charter amendment, or charter provision.

Mr. Hissong said that Mr. Applegate's house was the last house in the original town and if the people felt that way in the past, none of the people would be living in the City of Union.
Mr. Kidwell said his neighbor told him he moved to Union because it was a small community and that is the way he wanted it to stay.

Mr. Siegler in the audience said what Mr. Kidwell just said was contrary to what he had been saying all evening. Mr. Siegler said the councilmembers were trying to control the growth. He said he had heard the council being called names which was completely uncalled for.
Mr. Siegler said he supported what the council was doing and he supported the resolutions passed that night.

11. Open Agenda

In response to Mayor Packard's question, Mr. Applegate said they had started picking up leaves.
Mayor Packard said he thought it was important to read the resolutions so the people could hear the entire content of the resolution.

Mr. Beyer asked how State Route 48 was doing. Mr. Applegate said they would be pouring curbs by Wednesday, then putting down the base by the middle of the week and be paving by the end of the week. That is their intentions if the weather clears up. In response to Mr. Beyer's question, Mr. Applegate said they do have the trees purchased for along State Route 48.

Mrs. Shields asked everyone to watch out for the Trick or Treaters.

Mrs. Terry asked why Clayton hasn't put in a sidewalk on State Route 48. Mr. Applegate said sidewalks would be on the west side only, not the east side and that was their choice.

Mr. O'Callaghan asked the police chief if any tickets have been written up in the Concord Farm area. Residents had expressed concern about people speeding in that area at the last meeting. Chief Gessner said the officers have been up there, making their presence known but he didn't believe that any tickets had been written. Mr. Beyer said he could vouch for that. He said the neighbors have noticed it and have asked him why there was increased police presence. He said they are glad for the additional coverage.

Mr. Applegate said the fastest anyone had been clocked was 33 to 35 miles per hour. He said he had contacted Dayton Power and Light and they will change the route of the electric line feed into the new subdivision Concord Meadows and submit a new plan to go across city property as property owners who attended the prior meeting had requested.
Mr. Applegate said they had a request to set a public hearing for a zoning change. He suggested November 20, 2000 for a public hearing during the council meeting. The proposed subdivision will be known as Stony Farms and will be developed by Oberer Development.
Mayor Packard moved to set a public hearing date of November 20, 2000 to discuss a proposed zoning change from Agricultural-Residential (A-R) to Residential-3 (R-3) and Residential - 4 (R-4) for property located off of Old Springfield and Frederick Pike Road. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Applegate said most of the people in this room would not be residing in the City of Union if not for annexation. He said annexation has been good for the city. He thanked the council for expressing their opinion. He said that was important because the people that have elected the council would want to know how they feel. He said it was important that the voting public understands the issues and makes a wise decision on how they cast their vote because the issues affect the future of the community.

Mr. Moore said he wanted to make an observation. He said the audience has heard that they may be in court after tonight's meeting. Mr. Moore said he wanted the minutes to reflect, with that allegation made, that Mr. Arnett and Mr. Kidwell were sitting right next to each other and that Mr. Kidwell said more than once that he had a tape recorder. Mr. Moore said that while the comments were made, they had been sitting together and tape recording the meeting.

Chief Gessner said that Officer Doug Hacker had left and is working for Englewood. Officer Guthrie will be taking his place and they would like to hire another part time police officer.
In response to a question from Mrs. Terry, they have six full time officers now, including the chief.

Fire Chief Bergman said he wanted to recognize a local boy scout, Ben Blankenship, who was here for a scouting requirement.

Chief Bergman announced that Fire Prevention Week was observed last week. There was a fire at a residence and the Union Fire Department had a good response and were able to save the house. It was a kitchen fire and had almost spread to the attic. Chief Bergman said the firemen had done a very good job.

12. Mr. Beyer moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the October 16, 2000 City of Union council meeting was adjourned.


Respectfully submitted,

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

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Nov. 6, 2000

Mayor Packard called the City of Union council meeting to order on November 6, 2000, Monday evening.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer.
Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mark Henry, sitting in for Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the minutes of the October 16, 2000 council meeting. There were no corrections so Mayor Packard moved that the council minutes be approved. Mr. Bruns seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any questions or comments from the visitors in the audience.

Resident Julie Johnson from West Martindale Road asked if the council had received a copy of the opinion from the second appeals court concerning her gravel driveway. Mayor Packard said they had. She then asked if they had read it, then Mrs. Johnson read the last paragraph. Mayor Packard said they had read the opinion.

3. ONE READING - ORDINANCE 1204 - AN ORDINANCE ACCEPTING THE ANNEXATION OF 640.542 ACRES, MORE OR LESS, IN BUTLER TOWNSHIP, MONTGOMERY COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY. (waive three readings)

Mr. Applegate said this ordinance complies with the Ohio Revised code and the city has waited the required sixty days to accept the annexation of 640 acres which has been approved by the Montgomery County Commissioners. Mr. Applegate requested council's approval on behalf of the city and the residents that signed the petitions because they want to be a part of the city as soon as possible. Mr. Applegate also mentioned that one hundred percent of the property owners within the annexation area had signed petitions to be annexed into Union.
Mrs. Terry said she was for the annexation and had voted for it. She explained tonight it was a littler harder because it is an emergency measure. Mrs. Terry said she spoke with Mr. Applegate and asked why it had to be an emergency measure. She said Mr. Applegate said it has nothing to do with voting tomorrow. She said he told her there were people here tonight who live there who are wanting this. So for that reason, Mrs. Terry said she was going to vote yes.

Mr. Bruns moved that Ordinance 1204 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 1204. Mr. Beyer seconded the motion. All concurred and Ordinance 1204 was adopted.

4. Open Agenda

Mayor Packard reminded everyone to vote on Tuesday, November 7. Mr. Packard said that each person's vote counted and he encouraged citizens to go out and vote.

Mr. Beyer asked about the status of the turn lane on State Route 48, at Concord Farm Road. Mr. Applegate said the equipment is already on the site and they will be starting shortly.

Mr. O'Callaghan encouraged everyone to vote. He also thanked Steve Roth on the information that he had put out. Mr. O'Callaghan said it was an excellent letter and the information needed to be said.

Mrs. Terry also asked everyone to read the issues and vote.

Mr. Bruns wanted to comment that the way Ordinance 1204 was handled by declaring it as an emergency, was part of the normal procedure in passing ordinances concerning annexations, and he cited two recent examples of annexations which were also passed on the first reading, ordinance 1200 and 1199. This ordinance was not treated any differently than others have been. He also encouraged everyone to vote.

Mayor Packard welcomed Mark Henry, sitting in for Joe Moore.

Mr. Applegate thanked the homeowners in the crowd that signed petitions to be annexed and he thanked them for joining with the Union community.
Mr. Applegate said State Route 48 was progressing. With good weather, the final layer of asphalt would be applied during the next week depending on the temperature. The street lights are going up, the trees should arrive during the next week so Mr. Applegate said everything was going forward nicely. The final course of asphalt will need to be applied when the temperature is 53 degrees or above.

Chief Gessner said that last Tuesday, Beggars Night, everything went very well and there were no problems. Mayor Packard said there were a lot of kids out and that he saw a lot of the Union patrolmen out also.

Fire Chief Buddy Bergman cautioned everyone to drive carefully - that there were leaves on the road and soon they would have snow.

5. Mayor Packard moved that the meeting be recessed to hold an executive session. Mr. Bruns seconded the motion. All concurred and the councilmembers recessed to an executive session to discuss legal matters. Mayor Packard asked that the City Manager, Clerk of Council, and Paul Courtney, assistant to the Law Director to also attend the executive session. He also stated, action may be taken following the executive session.

Mr. Beyer moved that the council meeting reconvene. Mrs. Shields seconded the motion. All concurred and the council meeting reconvened.

Mr. Beyer moved that the council authorize the city manager and law director to take necessary action to file an appeal on the gravel driveway case that was just decided by the court of appeals. Mr. Bruns seconded the motion. All concurred and the motion was passed.

6. Mr. Beyer moved that the meeting be adjourned. Mrs. Shields 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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Nov. 20, 2000

Mayor Packard called the City of Union Council meeting to order on Monday, November 20, 2000 at 7:30 p.m.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mark Henry, sitting in for Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said that Mr. Beyer had called and said he could not attend the meeting due to illness. Mayor Packard moved that Mr. Beyer's absence be excused. Mr. Bruns seconded the motion. All concurred and his absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the minutes from the November 6, 2000 meeting. There were none so Mr. O'Callaghan moved that the minutes be approved. Mr. Hissong seconded the motion. All concurred and the council minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience that did not pertain to the public hearing before the council. There were none.

3. Public hearing on the rezoning of property from Agricultural - Residential, A - R, to Residential - 3 (R - 3) and Residential - 4 (R - 4) on approximately 110 + acres located on the north side of Old Springfield Road and west of the intersection of Kessler-Frederick Road and Old Springfield Road.

Mayor Packard opened the public hearing portion of the meeting.

Mr. Applegate indicated the land for the proposed zoning change on a map. Mr. Applegate said the required steps had been done with the notice of public hearing advertised in the paper and letters sent to adjoining properties. Mr. Applegate introduced the developer, George Oberer Jr. and Mark Locke of Oberer Development, who wanted to make a presentation.

Mr. Locke gave a brief history of Oberer Development including what and where they usually build. The first parcel, proposed for R - 3 zoning, referred to as the Miller parcel, is 56.53 acres north of Old Springfield Road. The proposal is 138 building units from the Gold Key Home series with between 1,900 to 3,000 square feet of living space, with about twenty different home styles.
For the second piece of land, abutting Frederick Pike and proposed for R - 4 zoning, referred to as the Rohr property, they are proposing the Old Town series of homes, with 1,200 to 2,100 square feet of space, with 19 home styles available. They are proposing 167 homes on that land for a total of 306 units for 110 acres.

The Miller property has frontage Old Springfield Road on and the Rohr property has frontage on Frederick Pike. Both roadways would be improved by the standards set by the city and county. Oberer Development will also put in additional green space in several areas. Mr. Locke invited the council to ask him any questions.

The price range on the Old Town series of homes runs from the upper $130,000's to $180,000 Mr. Oberer said they would start at $125,000 and go to $175,000. The Gold Key series start at $175,000 and go to $250,000.

Mr. Locke offered to show slides of the different models of homes. Mayor Packard said that after the slide presentation, he would invite the audience to make any comments or ask questions.
Mr. Locke showed entry ways in other Oberer developments and several different styles of homes offered in the Gold Key and Old Town packages.

If the zoning is approved, they would plan on starting in spring. Mr. Oberer said there would be a homeowner's association to take care of mowing, and maintenance of the green spaces, etc.

Mr. Applegate, at Mr. Packard's request, explained the rezoning process.

One parcel has been within the city since 1995, the other was recently annexed this year. Mr. Applegate said all property that is annexed comes into the city as Agricultural-Residential. When someone wants to develop the property, the parcels may go through the rezoning process.

Someone from the audience asked about the process, if this would be voted on that evening. Mayor Packard explained the item was on the agenda and would be going through the first of three readings.

A member of the audience asked what other zoning possibilities were allowed within Union's zoning code. Mr. Applegate briefly explained the range of zoning from residential to commercial, industrial, etc. Each zoning division has specific requirements on lot size and square footage requirements, etc.

Another person asked for the lot size for R - 1. Mr. Applegate said without referring to the code book, it would be a one acre minimum. The minimum requirements on the proposed zoning is 66 foot frontage and a minimum 8500 square foot lot size for R - 4 and for R - 3, 9,500 square foot lot size and 80 foot minimum lot width..

Mr. Bruns asked, for comparison purposes, if Mr. Applegate could give other samples. Both Irongate (lot sizes 80 foot minimum) and Lindeman (minimum of 85 and up) is R - 3 zoning and Union Ridge is R - 3 and R - 4 zoning and those lots are 75 to 85 foot wide on up.

Mr. Applegate reminded the council that this was a conceptual plan only. The developer is showing lots based on the minimum requirements. This plan has not been approved or gone through planning commission. As Mr. Bruns pointed out, the first step in the process was to get the zoning to R - 3 and R - 4. Mr. Applegate said the lot sizes may change but can not get any smaller than what is currently on the map.
Cindy Brockert, living on the east side of Frederick Pike, asked if the school system serving the new development would remain as Vandalia Butler. She asked what impact this development would have upon the school. She said most of the existing homes were on five acre lots. She asked that they consider one house per acre. She said with their acreage, their homes were valued at $300,000. She was against the $135,000 homes.

Mr. Locke said they had done market studies on the entire region and that they want to "hit the target" on income levels and what would sell. Their research showed that these developments would be very successful. The topography has to be considered because underlying rock would not allow homes with basements.

Mr. Oberer said there was a ten to fifteen foot green space that runs along Frederick Pike and will be landscaped. He said they had added that green space area from a suggestion of the planning commission. Mrs. Brockert asked about reducing the speed limits. Mr. Applegate said at both entrances, they will provide left turn lanes and through lanes. Once the traffic count indicates a change, the city would petition the county to lower the speed limit.

Mayor Packard asked if they had considered the impact with the school systems. They said they would be doing that but they would not normally check until the preliminary steps have been done. Mayor Packard said that he wanted the people attending the meeting to know that the school issue was being addressed.

Another member of the audience was concerned about the length of time that children were riding on busses and that adding an additional three hundred homes would add even more time to the bus ride.

Paul Trittschuh said he had lived in the area for thirty-five years and that no one wanted the property to be developed. He said the Vandalia schools, the Union residents, and Butler Township residents do not want the land developed. He said they should give the people living out there consideration. He complained about the gravel and cement trucks and that there would be too much traffic passing in front of their homes. Mr. O'Callaghan said that the city could not control the traffic from the gravel and cement trucks.

Mayor Packard said Richard Oaks, their traffic engineer, said the left turn lane would ease in the additional traffic and not cause any problems. Another property owner was concerned that they would lose their property to make the turn lane. Mr. Applegate said it would be in front of the existing property and Mr. Applegate indicated the area on the map.

Mr. J.D. Jackson said there were no turn lanes on the plan. Mr. Applegate said this is a conceptual plan. Mr. Jackson said with 306 houses and approximately 1200 automobiles, and gravel trucks, Fedex, Emery, and other traffic, he asked how they could explain that size road with that many vehicles. Mayor Packard said there would not be 1200 vehicles on the road at one time.

Debbie Tackett, on Frederick Pike, across from the Miller property, said they have a $350,000 home on five acres and they live out there because it is country. She was concerned about the traffic and was against the development and was concerned with the school taxes. She wanted to keep with five acres lot for the area.

Ruth Worman asked how once the property was in Union how it would affect the Butler schools. Mr. Applegate said they went through an annexation process, in response to petitions to property owners that requested to be annexed. The city installed a water line. The area is nice, people want to live there, and the land will some day be developed. Everyone wanted to stay within the Vandalia school district. Mr. Applegate said the residents would be able to vote for any levies for the school district.

Mr. Oberer said to move the properties to another school system would take action by the state school board, and would be negotiated between the Northmont School system and Vandalia- Butler school system. He said both of the school systems are very marketable.

Mike Haines, a Butler Township Trustee said that when the land was annexed, it was zoned R - 1. He said there are 1,300 additional acres that are being annexed by Union and he said that would indicate many more homes being built. He said he had heard that this property was not going to be developed and he had no faith in anyone that the property would not be developed.

A resident asked for some higher price homes to be included and to have more of the $350,000 homes on five acres/lots.
Mr. Locke said it was cost prohibitive partly because of the expense of running water and sewer lines.

Mr. Arnett of Union said "we do" not want that many homes sending their kids to Northmont because he was concerned about school taxes. Mr. Arnett said Mr. Oberer was more concerned about his standard of living than the Butler Township residents.

Mr. O'Callaghan asked who Mr. Arnett was referring to by saying "we". Mr. Arnett said Mr. O'Callaghan was trying to cloud the issue.

Mr. Arnett asked why R - 3 and R - 4 was a starting point. He asked why they couldn't start with R-1.
A resident on Old Springfield Road asked if residents of the new development would have any input and what would be done with getting the water and sewer across the river without contaminating the river. He also asked about fire and police protection.
Mr. Applegate said the city would provide police protection but the township would continue to provide fire protection. If in the future, the residents would want that changed, the city would be willing to look into that.
Mr. Applegate said they are across the river with both the water and sewer lines. Oberer Development will be installing a sewer lift station and extending the sewer lines.

Mr. Applegate said people wanted to move to this area. He said that development would happen in the area. Vandalia was growing and the township was growing. The council, developer, and others were at the meeting, listening to the people's concerns.

Mr. Bruns wanted to clarify his comment about a starting point being R - 3. Mr. Bruns said if they start at a zoning, they can increase the lot size. He said he was concerned with the 66 foot width. If they would start the zoning at R - 1, they could not increase the lot size.

A member of the audience asked if there would be retention ponds. Mr. Locke said there would be but at this point, they did not have specifics. Once they decided how many lots or homes were going to be built, then they would do the engineering to determine what was required, complying with the Ohio Revised Code. They would not spend the additional engineering fees until they knew the size of the development.

A question was asked about vinyl siding. The person said within fifteen years, the homes would be become rentals.

Mr. Manning on Furnas Road said he moved to an area that was agricultural from the city of Vandalia. He asked if they would have a guarantee about the wells and what phone company would service the new development. Mr. Applegate said that he could not offer a guarantee but they did not usually have any problems. He said their wells should not be affected. As far as the zoning, it would be General Telephone and the exchange would be up to the phone company. Mr. Manning said that anyone from there calling the Vandalia schools would be making a long distance call.

In a conversation about fire protection, Mr. Applegate said the city was willing to provide fire protection and that Mr. Thomas Miller had offered to provide a building for an additional fire station. Mr. Applegate said in 1995 they had done time studies and Union could respond better and quicker than Butler Township, due to the location of their station. Mr. Applegate said protection would be provided but now, it was through the Butler Township Fire Department. The City of Union has a policy to assist any department that needs help.

A member of the audience asked if there were covenants available for review. Mr. Oberer said they could provide sample copies. Mr. Bruns said the Planning Commission would review any covenants and could provide any additional requirements. Mr. Applegate said covenants would be a document recorded with a subdivision and can be changed if enough residents in the area ask for a change. Covenants can be changed by the residents, not by the city, once the covenants have been recorded. Mr. Oberer said they wanted a common mail box standard and that was an example of one of the covenants that the development would have.

The postal service for the area will continue to go through the Vandalia post office.

Another person in the audience said it was a nice piece of ground and he suggested that they put something nice in the area.

There was a discussion on the disadvantages of vinyl sided homes. Mr. Oberer said they would use a combination of vinyl and brick homes. Mr. Applegate said the city requires OSB board or better for siding so they don't any problems with vinyl siding.

City requirements are overhangs, concrete driveways, minimum two car garages, sidewalks, and sod.

A question was asked if Old Springfield would be widened. Mr. Applegate said he thought it was a sixty foot right-of-way out there and the city could create four lanes with a center turn lane and that will probably happen in the future.

A question was asked about the recent 640 acres that was annexed. As for now, there is no plans for that. It has the potential for being commercial since it is close to the airport.
There is another annexation filled with Montgomery County of 755 acres along Jackson Road. Much of the ground is already zoned Industrial/Commercial.

Mr. Jackson asked when the council meetings were being held. Mr. Applegate said the rest of this month, meetings would be held the first and third Monday at 7:30. Starting January 1, 2001, the meeting date will go back to the second and fourth Monday of each month.
Mr. Jackson felt if more people knew about the meetings, more residents would attend. Mayor Packard said people were invited and that the council meetings were covered in two newspapers.
Mr. Applegate said they were welcome to call City Hall and he gave the audience the city office phone number.

A question was asked about the square footage for R - 2 zoning. Minimum lot size is 11,500 square feet. R - 3 is 9,500 and R - 4 is 8,500. The resident said that everyone would like to see the land zoned at least an R - 2.

Mayor Packard asked if there were any other questions. There were none so Mayor Packard closed the public hearing.

4. FIRST READING - ORDINANCE 1203 - 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. (three readings)

Mr. Bruns moved to have the first reading of Ordinance 1203. Mayor Packard seconded the motion. Mr. Bruns, Mr. Hissong, Mr. O'Callaghan, and Mrs. Shields voted against the motion. Mayor Packard voted for the motion. The motion failed.

5. FIRST READING - ORDINANCE 1205 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COMBINED HEALTH DISTRICT OF MONTGOMERY COUNTY FOR THE CONTRIBUTION OF TEN PERCENT (10%) OF RETURNED LIQUOR PERMIT FEES TO SUPPORT THE PREVENTION AND TREATMENT OF ALCOHOLISM AND CHEMICAL DEPENDENCY. (three readings)

Mr. Applegate said this was their annual agreement requested by Montgomery County and done each year.

Mr. Bruns moved to have the first reading of Ordinance 1205. Mrs. Shields seconded the motion. All concurred and the ordinance was passed to the second reading.

6. ONE READING - ORDINANCE 1206 - AN ORDINANCE ADOPTING A STATEMENT OF SERVICES THE CITY OF UNION WILL PROVIDE TO 126.740 ACRES PROPOSED FOR ANNEXATION TO THE CITY OF UNION AND DECLARING AN EMERGENCY.

Mr. Bruns said that under Section I, under Water, Mr. Bruns read the following section:
"It will be the individual property owner's responsibility and expense to extend and connect to the City's existing water main if and when he desires the service. Connection is not mandatory."
Under Sewer, Mr. Bruns also read this section: "It will be the individual property owners' responsibility and expense to extend and connect to the City's existing sewer mains if and when he desires the service. Connection is not mandatory."

The hearing is scheduled for December 5 at the County Administration building at 1:30. This is a requirement of the Ohio Revised Code that council must adopt a resolution of services and the staff recommends the adoption.

Mr. Bruns moved that Ordinance 1206 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 1206. Mayor Packard seconded the motion. All concurred and Ordinance 1206 was adopted.

7. ONE READING - RESOLUTION 00-17 - A RESOLUTION AUTHORIZING THE EXTENSION OF THE DEPOSITORY AGREEMENT BETWEEN THE CITY OF UNION AND FIFTH THIRD BANK FOR ACTIVE FUNDS.

Mr. Applegate said the staff recommends the adoption of this resolution.

Mayor Packard moved to have the one and only reading and adopt Resolution 00-17. Mr. Bruns seconded the motion. All concurred and Resolution 00-17 was adopted.

8. Open Agenda

Mayor Packard said he was pleased to see the people attending the meeting and encouraged Mr. Oberer and Mr. Locke to come back with another plan for the area.

Mrs. Shields wished everyone a happy Thanksgiving.

Mr. O'Callaghan said that in voting down Ordinance 1203, the zoning change, he said he was not against development in that area. He suggested they consider a compromise, like R - 3 for the entire area, instead of both R - 3 and R - 4.

As president of the park board Mr. O'Callaghan said he had a few announcements to make. The annual Christmas tree lighting and the lighting of the trees on Main Street will be on December 3, at Montgomery and Martindale at 6:00 p.m.

The Christmas decorating judging will be done on Sunday, December 17, at 7:00 p.m. Mr. O'Callaghan asked in the newspapers could include that in their coverage of the meeting.

Mr. Hissong thanked everyone for coming to the meeting and giving their opinions.

Mr. Bruns said he was very much in favor of the land being developed. He said he had a problem with the R - 4 zoning. He said he would like to see the land R - 3, in a development similar to the Lindeman Commons, he would be in favor of that.

Mayor Packard invited the new members in the audience to attend the tree lighting on December 3, 2000.

Mr. Applegate updated the council on State Route 48. He said that they had most of the trees in and Christmas lights would be lit if Dayton Power and Light would complete their work. Mr. Applegate said the final course of asphalt had not been applied because the weather needed to be warmer. They will stripe the street and have the sidewalks done but they will have to finish the road when the weather is warmer.

Mayor Packard asked if Mark Henry, sitting in for Mr. Moore, had any comments.

Police Chief Gessner, in response to a question from Mayor Packard, said he was not worrying about covering the area with the proposed zoning change.

Fire Chief Bergman said they provide mutual aid to that area already.

9. Mayor Packard moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and November 20, 2000 City of Union council meeting was adjourned.

Respectfully submitted,

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


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Dec. 4, 2000

Mayor Packard called the City of Union Council meeting to order on Monday, December 4, 2000 at 7:30 p.m.

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

Mayor Packard said that Mr. Hissong had recently undergone surgery and could not attend the meeting. Mayor Packard moved that Mr. Hissong's absence be excused. Mrs. Shields seconded the motion. All concurred and his absence was excused.

Mr. Bruns asked if Mrs. Terry had called in or requested an excused absence. Mayor Packard said he had not heard from her. There was no motion made so Mr. Bruns said that the minutes should reflect that this was an unexcused absence.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the minutes from the November 20, 2000 meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. O'Callaghan seconded the motion. Mr. Beyer abstained and the other councilmembers voted for the motion. The council minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. There were no comments.

3. SECOND READING - ORDINANCE 1205 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COMBINED HEALTH DISTRICT OF MONTGOMERY COUNTY FOR THE CONTRIBUTION OF TEN PERCENT (10%) OF RETURNED LIQUOR PERMIT FEES TO SUPPORT THE PREVENTION AND TREATMENT OF ALCOHOLISM AND CHEMICAL DEPENDENCY. (three readings)

Mayor Packard moved to have the second reading of Ordinance 1205. Mr. Bruns seconded the motion. All concurred and Ordinance 1205 was passed to the third reading.

4. Open Agenda

Mayor Packard said that the people attending really enjoyed the Christmas tree lighting on Sunday evening.

He also thanked Mr. Applegate for getting the new pear Aristocrat trees planted and the Christmas trees lit along Main Street.
Mr. Beyer said that the new trees and the street lights already create a "pretty spectacular effect" and as the young trees get larger, it will be even better.

Mrs. Shields also commented that the trees were very nice and also complimented the decorated Christmas tree on the corner of West Martindale and Montgomery Street.

Mayor Packard thanked Mr. O'Callaghan and the Park Board for the successful tree lighting ceremony. Mr. O'Callaghan said credit should go to the ladies at the La Sertoma Club, the people at the firehouse, and Mr. Applegate and Mrs. Winemiller. He said he appreciated all the help.

Mr. O'Callaghan also reminded everyone that the Christmas light judging would take place on December 17, around 7:00 in the evening. They will pick between eight to ten houses that have the best lighting display.

Mr. Bruns said that earlier this evening, they dealt with two council absences and the actions were different for each member. Mr. Bruns said he did not want anyone to think that they were prejudiced against any councilmember. He read a portion of the Rules of Council, Chapter 121, section 121.01, item number 14: "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. The Clerk shall notify the other members of the Council of such absence or absences. Council may, by affirmative vote of four of its members, excuse the absence or absences of a member conforming to the provisions in this section."

Mr. Bruns said that one of the councilmembers followed the rules and was excused. One did not and that absence was not excused.

Mr. Applegate said that Mr. Moore had another commitment for the evening so Mr. Applegate said he would turn his portion of the meeting over to Mr. Moore. Mark Henry, from Mr. Moore's office, will remain at the council meeting.

Mr. Moore said that he was also the Law Director at Tipp City and occasionally he has a conflict with Tipp City meetings. When he is not able to attend, he has Mr. Henry or Mr. Courtney from his office go to the meeting and they are all kept informed of city matters.

Mr. Moore said that the City only pays for one lawyer at each meeting. If there are more than one at the meeting there is still only one fee for one lawyer charged because there is a flat annual fee charged for attending council meetings.

Mr. Moore said that he needed to discuss a critical item with the council members. On November 3, Butler Township Board of Trustees and Ron Kidwell sued the City of Union and city council. A few issues were raised concerning an annexation and the Charter amendment that was on the ballot for November 7. On November 24, an amended complaint was filed after a pre-trial was held on this matter and the township and Mr. Kidwell tried to get an injunction but no injunction was granted. Mr. Moore said that they were about to respond by filing a defense. Mr. Moore said he wanted to talk to the council about the defense. There are approximately four claims raised in the amended complaint and there are several defenses being presented.
The amendment to the city charter on annexation would require an election and voter approval before any new territory could be added to the city by annexation under Ohio Revised Code. The new charter amendment also seeks to block the city's recent 640 acre annexation.
Section 709.04 of the Ohio Revised Code describes the final step for the process provided by state law for approving an annexation petition. Once an annexation petition has been approved by the county commissioners, the final acceptance or rejection is to be decided by the legislative authority (city council). The charter amendment changes the specific effect of 709.04 because it put a vote into effect as part of the annexation process. The problem is that Union is a charter city but they are also governed by certain provisions of the Ohio Revised Code. The Charter amendment establishes a new procedure and appears to be in conflict with case law and the Ohio Revised Code.
Under Article 18, Section 3, of the Ohio Constitution, the charter city has the authority to exercise all powers of local government that are not in conflict with general laws. The research from Mr. Moore's office and a second law firm determined that the Ohio Supreme Court consistently rules that annexation laws are of a general nature, state wide in scope and are exclusively within control of the Ohio General Assembly. The Ohio Supreme Court said that laws enacted by the general assembly that establish procedures for annexation are general laws and activities by way of charter, ordinance or otherwise, may not be in conflict with general laws. Mr. Moore said other courts have struck provisions of city charters (like Upper Arlington), saying there were invalid. Mr. Moore said he had noted his concerns on the legal validity of the charter amendment in the resolution of opposition which council adopted prior to the election. That resolution included a "Whereas" clause mentioning that it could be unlawful to alter the state wide policy. Mr. Moore said as a municipal law director, he had a duty under the Ohio Revised Code, to prevent abuse or unlawful exercise of local government authority by the city. He said he was notifying council that in his opinion and the opinion of another law firm that he consulted with, Altic and Corwick, that the annexation charter amendment is invalid under the constitution and the laws of the State of Ohio. When he answers the pending lawsuit, he will seek to have the court declare it unconstitutional. Mr. Moore said the city's answer would be filed Tuesday or Wednesday and it will have a claim that the charter amendment is unconstitutional and invalid.

Mr. Moore added that if items are state wide concern, even if you are a charter city, you can not make laws that contradict the general laws of Ohio. The answer has to be filed by December 6 and it is in response to an amended complaint filed by Butler Township Trustees and Mr. Ron Kidwell. This is one of the various defenses that will be raised. The trial date is set for January but the judge may rule on the issue before that. Mr. Moore said that under that statute, it is his duty to take this action.

Mr. Applegate said he also wanted to make a few comments. He said that he had heard about several cards being passed out by Mr. Arnett on the day of the election. Mr. Applegate said he asked for a card and Mr. Arnett gave him one. Mr. Applegate said when you looked at the card, it said to vote no on issue 9 and a yes vote would prohibit the parking of vehicles over 5,000 pounds on private property. Mr. Applegate said that was definitely misinformation and misleading. Mr. Applegate said the ordinance in effect now and at the time of the election, is for a weight limit of 11,500 pounds for parking vehicles. Council addressed this issue of 5,000 pounds when the city had the first public hearing and it has been rectified. Mr. Applegate said the people passing out the information knew the statement on the card about the weight limit was incorrect.
On the "storage" issue on the ballot, Mr. Applegate said they would let the dictionary provide the definition for the court. Mr. Applegate said he wanted the council to think on whether they wanted to direct the law director and city manager to re-present the issue about semi or large trucks parking in the community and over night parking. Mr. Applegate suggested that they think about it and decide if they want to proceed with the legislation.

Regarding the charter amendment about the five percent charge for water outside the city that failed, Mr. Applegate said currently the city charges twenty percent over the water rate for city residents. If the amendment would have passed, the city would have lost revenue. The literature that was passed out made it sound like the city would gain revenue. Mr. Applegate said the information sent out did not tell the whole story.

Regarding the street levy, Mr. Applegate recommended that the city council put the road levy back on the ballot for the May primary. Mr. Applegate said the article in the paper by the Dayton Daily News misrepresented the facts. The newspaper did put in a correction a few days later but the information passed out by some citizens referred back to the original article. Mr. Applegate said that people should understand the issues when they read something that is passed out and call the city if they have any questions.

Mr. Applegate said that the Union council has the power to levy taxes and incur debts and that is in every city charter.
Mr. Applegate read from a statement from Ron Kidwell: "I strongly disagree and may in the future petition with this, an amendment, to change the city charter. I feel that it is in the best interest of the people that the taxes that are going to be levied against us or maybe the properties, we should at least be allowed to vote. It should be our decision, not left to a small group of councilmembers." Mr. Applegate said, then Mr. Kidwell goes on to point out, "In 1986, my property taxes were $36.40 a month, and in 1999, they were $147.91." Mr. Applegate said it was not done by this small group of people, i.e. the city council. "They do not have the power or authority to pass outside millage. It goes to the vote of the people." And then, in the next paragraph, the statement from Mr. Kidwell says, "Read the Dayton Daily News". Mr. Applegate said that what was put out by Mr. Kidwell and some other citizens did not reflect the full context. Mr. Applegate said that as citizens, they need to be careful and understand what they are voting on.

Mrs. Shields asked if the people could be held responsible for what is distributed. Mr. Henry said that there was first amendment rights for publications.

Mr. Applegate said he was pleased that the lights were up on the trees. He said that the employees and Dayton Power and Light made a concerted effort and he said he thought the effect was fantastic. They have about twenty-five more trees to put in.
They are planning to make the corner where the pine tree is on Montgomery and Martindale Roads a focal point for the city.
The pear trees that were along Main Street were donated by residents and were put in ten years ago. The city planted the trees but the trees were not purchased by the city. There were 78 trees put in this year.

Mr. Applegate said they had been working on plans to make improvements to the city building and had received a CDBG grant to bring the city building in compliance with ADA requirements. Mr. Applegate showed designs of the first and second floor. The project has grown since they have been working with the plans. The first floor will have an elevator, which is funded by Community Development Block Grant. The current building was constructed for a complete second floor but it only has part of the second floor. The police department, which needs more space, will be moved to the expanded second floor. Then the administrative area, which is also very tight on space, could be expanded. Restrooms would be updated, since none of those are ADA compliant.
Mr. Applegate also said they would like to put in a vestibule at the front of the building with entry assisted doors.
They also took a look at the council room and there is a design where the dais curves and the councilmembers could see each other. The City Manager's office would stay the same.
A new stairway would be built and an additional exit to meet the code requirements.
On the second floor, part of the area will be the police department. There will be an office for the police and lieutenant, and separate rooms for evidence, property, and interrogation, and a new conference room. The first floor, the second floor, the restrooms and the vestibule will cost around $372,000. The city has $100,000 from the grant so they need $272,000. Mr. Applegate asked the council to think about if they would do the entire project or do the project in phases. Also, they would need to think about how the project would be funded from the budget, like the amount of funds coming from each department and the general fund. The city would have to borrow funds to cover its portion of the project.

There are ten seats for the council - places for the council and staff. Mr. Beyer asked if it would be more practical to do it all at once than having the building under construction for several years. Mr. Applegate said he thought it would as long as the budget committee was comfortable with that recommendation to the council.

Mr. Applegate said that there were some other preliminary matters to be discussed. He suggested that since Main Street was being improved, he felt it was time to consider an entry way sign to the south corporation limit for the city. He suggested some kind of masonry or stone structure with a message board that can be controlled by the city. Conduit was installed in the street for street lights and tree lights and for future communications. Mr. Applegate said he had discussed the matter with the property owner who wanted to see a drawing of the structure.

Mrs. Winemiller said that they were starting a holiday food drive again this year. She asked for donations from the council and residents. Containers are set up at the city building and at the firehouse. The city is hoping to provide food to six families. Once again, Fast Max and Union Tire is providing toys to the children in several families in Union.

Chief Gessner reminded everyone to remove Christmas packages from the cars into the homes after their shopping trips, to prevent break ins into automobiles.

Fire Chief Bergman said they were awarded a grant for the amount of $950.00 for the purchase of a new computer from the Ohio Department of Public Safety.

Mayor Packard asked Chief Bergman to pass along their thanks for helping with the Christmas lighting ceremony.

5. Mr. Beyer moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and December 4, 2000 City of Union council meeting was adjourned.

Respectfully submitted,

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


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Dec. 18, 2000

The City of Union Council meeting was called to order by Mayor Packard on Monday evening, December 18, 2000.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields.

Other city staff members attending the meeting were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mark Henry, sitting in for Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said Mr. Hissong had called and has not been released by his doctor to attend the meeting due to his recent surgery. Mayor Packard also said that Mr. Beyer was delayed due to medical reasons but would be arriving late to the meeting.

Mayor Packard moved to excuse Mr. Hissong. Mr. Bruns seconded the motion. All concurred and the motion was passed. Before excusing Mr. Beyer, the council decided to wait in case he made it to the meeting.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the meeting that was held on December 4, 2000. There were none so Mr. O'Callaghan moved that the minutes be approved. Mayor Packard seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the visitors and citizens in the audience. There were none.

3. THIRD READING - ORDINANCE 1205 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COMBINED HEALTH DISTRICT OF MONTGOMERY COUNTY FOR THE CONTRIBUTION OF TEN PERCENT (10%) OF RETURNED LIQUOR PERMIT FEES TO SUPPORT THE PREVENTION AND TREATMENT OF ALCOHOLISM AND CHEMICAL DEPENDENCY. (three readings)

Mr. O'Callaghan moved that they have the third reading and adopt Ordinance 1205. Mr. Bruns seconded the motion. All concurred and Ordinance 1205 was adopted.

4. ONE READING - ORDINANCE 1207 - AN ORDINANCE AMENDING THE ANNUAL APPROPRIATION ORDINANCE FOR 2000 AND DECLARING AN EMERGENCY.

Mr. Applegate said this was an adjustment of the various line items for the fiscal year 2000 budget so that they meet with the expenditures that have taken place in 2000. Mr. Applegate said it was staff's recommendation to approve this.
Mr. Bruns said the budget committee met and they are in accord with the adjustments.

Mr. Bruns moved that Ordinance 1207 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 then moved to have the one and only reading and adopt emergency ordinance 1207. Mayor Packard seconded the motion. All concurred and Ordinance 1207 was adopted.

5. ONE READING - ORDINANCE 1208 - ANNUAL APPROPRIATION ORDINANCE FOR 2001 AND DECLARING AN EMERGENCY.

Mr. Applegate said this was the actual appropriation budget for Fiscal Year 2001. The asking budget was approved in July and this is the final version.

In the Capital Outlay portion under the general fund is the renovation planned for city hall along with landscaping for the lot and a planned city entrance sign on State Route 48.
Mr. Applegate showed a drawing of the elevations of how the building would look when it is remodeled. The city will be borrowing $300,000 to make the renovation. The cost of the renovation is in the budget and Mr. Applegate said he would like permission from the council to proceed with the renovation. The annual debt retirement breakdown of $30,000 will be $10,000 from the General Fund, $10,000 from the Police Fund, $5,000 from the Water Fund, and $5,000 from the Sewer Fund.
Mr. Applegate said the city was approached by the YMCA for a donation for their new building on Hoke Road. Mr. Applegate suggested that they consider $2,000 a year for the next five years. This figure is in the budget.

The city is looking at purchasing five in car video and audio systems for the police department. Chief Gessner said the system would video and audio tape everything that goes on and would eliminate any questions people have about the police stops. Other cities are going to that system. Mr. Applegate said they were looking at an additional car computer. They have bought two and they are on line and working.
The city will be looking at buying a dump truck that is a used vehicle but in excellent condition. Most of the items were discussed in July. Minor adjustments have been made but everything is in line - revenues and receipts. The city will have to re-address the street levy. After this year, the levy expires so the city needs to pass the street levy in 2001. If not, there will be no levy money in 2002.
Staff recommends the passage of this ordinance.
Mr. Bruns asked why it was being done as an emergency. Mr. Applegate said that the city would start spending money the first of the year with payroll, etc. so the appropriation ordinance has to be in effect.

Mr. Bruns moved that Ordinance 1208 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 then moved to have the one and only reading and adopt emergency ordinance 1208. Mrs. Shields seconded the motion. All concurred and Ordinance 1208 was adopted.

6. ONE READING - ORDINANCE 1209 - AN ORDINANCE ESTABLISHING A REGULAR PAY TABLE, ASSIGNING PAY GRADES STEPS/SALARIES AND THE MAXIMUM NUMBER OF FULL-TIME, REGULAR PART-TIME, PART-TIME (SEASONAL) AND AUXILIARY POSITIONS WITHIN THE CITY OF UNION FOR 2001 AND DECLARING AN EMERGENCY.

Mr. Applegate said this in an additional housekeeping ordinance. Mr. Applegate said the staff recommends the adoption of Ordinance 1209.

Mr. Bruns moved that Ordinance 1209 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 1209. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1209 was adopted.

7. Open Agenda

Mayor Packard wished everyone a Merry Christmas and cautioned everyone to watch driving on the roads during the winter weather. Mayor Packard said he had received some calls that people think that Union should plow Sweet Potato Ridge. Mr. Applegate said that the road belongs to the City of Clayton. Mr. Applegate said that there was a new man working for Clayton and he was stopping the snow plowing at the Union corporation line.

Mr. Applegate said that Clayton has reported that the problem has been corrected.

Mrs. Shields asked when Sweet Potato Ridge Road would be opened. Mr. Applegate said that he has a call in for the contractor. The road has been paved but it is still closed.
Mrs. Shields wished everyone a safe Christmas and happy new year.

Mr. O'Callaghan said that Steve Coker and he had gone out Sunday evening and had chosen ten people that did an exceptional holiday lighting job on their homes. He specifically mentioned 104 Irongate and also 19 Greencliff.

Mr. O'Callaghan wished everyone a safe holiday and said to be careful traveling.

Mrs. Terry said that she had received a lot of positive comments on the Christmas lights on the pear trees along Main Street.

Mr. Bruns also wished everyone a merry Christmas.

Mr. Beyer made it to the council meeting and apologized for being late. Mr. Beyer commended Englewood and Union for their work in clearing off the streets and had best wishes for the holidays.

Mr. Applegate said they needed to make their annual appointment to the Miami Valley Regional Planning Committee and the Transportation Committee. In the past, the Mayor has been the representative and Mr. Applegate has been the alternate.
Mr. Beyer moved that the positions remain the same as the previous year. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Applegate also noted that the council had received a memo in their packets about setting another public hearing for Oberer Development for approximately 110 acres for a zoning change in Butler Township, from Agricultural-Residential to Residential - 3.

Mr. Oberer asked for the council to re-consider their request to re-zoning the entire area as Residential-3.

Mr. Applegate said they were asking for the public hearing to be set on January 22, 2001. Mayor Packard moved that the public hearing be set for that date. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Applegate said they were getting ready to file two annexations in Miami County. One is a 1.29 acre tract of ground, owned by R.B. Machine Shop. The second one is one that fulfills a commitment the city made in 1989. The first attempt at annexation was turned down. Since then, part of the land was annexed in 1995 and now the water lines are in and the city can now fulfill the commitment to the people that have sought annexation to the city for the city's water service. He said they would be coming to the council with a service resolution later. It is for approximately 88 acres. Mr. Applegate said a few of the property owners were attending the meeting tonight.
The next step will be to get sewer over in the area and then they will be able to service commercial/industrial areas. The lift station will be paid for by the developer.
Mr. Applegate said they would waive the water and sewer taps in this area.

Mr. O'Callaghan asked about the capacity of the sewer plant. Mr. Applegate said that currently, the plant is working under capacity. They are still waiting for a NPDS permit. The city has had preliminary plans done and improvements will eventually take place whether any land is annexed or not.

Mr. Applegate said they are working on more plans for Main Street. There will be improvements in the right-of-way, like a green strip behind the sidewalk, additional Christmas decorations, with wrap-a-round garlands and colored lights on the street light poles.
Mr. Applegate also wished that everyone would enjoy the holidays.

Mr. Applegate also mentioned that the Dayton Daily News had an article headlined, "Union Law Director Files Law Suit" and that was not correct and a correction was published in the paper. Mr. Applegate said the city had replied to a lawsuit against the city.

Mr. Henry said that the litigation involving the charter amendment was moving ahead very quickly and there would probably be a decision before spring.

Chief Bergman said that they were very close in location to Butler and Union Township and that eventually they may want to extend their fire protection services over there as the land is annexed.

8. Mr. Beyer moved that the council meeting be adjourned. Mrs. Shields 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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