Union City Council Meeting Minutes
Fourth Quarter 2001
 
Oct. 9, 2001, Meeting Minutes
Oct. 22, 2001, Meeting Minutes
Nov. 13, 2001, Meeting Minutes
Nov. 26, 2001, Meeting Minutes
Dec. 10, 2001, Meeting Minutes
Dec. 17, 2001, Meeting Minutes
 
 
 

Oct. 9, 2001

The October 9, 2001 City of Union council meeting was called to order by Mayor Packard on Tuesday evening, at 7:30. The meeting was delayed one day due to October 8, 2001, being Columbus Day, an observed holiday.

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

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the minutes of the September 24, 2001 council meeting.
There were none so Mayor Packard moved that the minutes be approved. Mr. O'Callaghan seconded the motion. Mrs. Terry and Mr. Beyer abstained, the other councilmembers voted for the motion 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.

Mr. Roth complimented Mr. O'Callaghan on his choice of his necktie.

3. Public hearing on amending Chapter 1153.04 (c) FENCES, WALLS, AND HEDGES within the supplemental zoning regulations of the City of Union planning and zoning code.

Mayor Packard opened the public hearing on Ordinance 1235, an amendment to the existing regulations on fences.

Mr. Applegate said this was the third time this matter had come before the council and the proposed ordinance was to amend Chapter 1153.04 concerning fences. The councilmembers each had a copy of the proposed ordinance with deletions and additions indicated.

The first section adds a section prohibiting chain link or farm fencing in any front yard.
The second section was that structural supports on all fences should be erected with supports on the inside, except with several exceptions. Mr. Applegate read those sections of the proposed ordinance.

a. A fence visible from he public right-of-way which is designed with a finished appearance on one side shall be oriented so that the finished side faces such right-of-way.

b. A fence that adjoins the side or rear lot line of another lot may be erected with such supports on the outside of the area to be enclosed if the owners of the said adjoining lot or lots, have provided a signed and notarized letter attesting to their approval of this situation.

Mr. Applegate said this has been forwarded to the council by the planning commission and Mr. Applegate said it would be the staff's recommendation that the council act favorably upon the ordinance.

Mayor Packard asked if Mr. Moore had reviewed this. Mr. Moore said they had revised it and that the ordinance met what the council wanted and satisfied the law.

Mr. Bruns said that in paragraph a, sometimes the fence post plays an integral part of the design so that is why that paragraph is in there. Sometimes fence posts are decorative and are meant to be on the outside. Mr. Bruns commented that he was in favor of this ordinance.

Mayor Packard asked if there were any comments from the citizens in the audience.
Mr. Roth asked if this applied to agricultural properties and if there was any distance that would affect the regulations, for example would he be permitted to put a fence in and put a privacy fence around his patio, which would be 100 yards from the road. Mr. Applegate said it would not be allowed in the front yard but would be permitted in the side and rear yard. Mr. Applegate said this would apply to agricultural districts.

Mr. Marsh said there were some parts of the ordinance that he did not agree with but that he thought it was a reasonable compromise and he was for the ordinance. He used an example of a fence by Warner cemetery with solid board on one side and aluminum siding on the other side. He said the doubles present a unique problem and he thought this legislation would benefit everyone.

Mr. O'Callaghan said that the city could not try to provide a contingency for each style and design of fence and he would suggest that they just have a variance on the different situations. He stated he would probably go ahead and vote for the ordinance but he did not feel sections "a" and "b" were necessary. He said he thought the law was a good one and he wanted to see it pass.
There were no more comments so Mayor Packard closed the public hearing.

4. FIRST READING - ORDINANCE 1235 - AN ORDINANCE AMENDING CHAPTER 1153.04 (C) FENCES, WALLS, AND HEDGES WITHIN THE SUPPLEMENTAL ZONING REGULATIONS OF THE CITY OF UNION PLANNING AND ZONING CODE. (three readings)

Mr. Beyer moved to have the first reading of ordinance 1235. Mr. Bruns seconded the motion. All concurred and Ordinance 1235 was passed to the second reading.

5. Open Agenda

Mayor Packard asked when the leaf pick up program would start. Mr. Applegate said this was the first day for the leaf pick up program.

Mayor Packard said he was asked if the city could have a place for tree limbs to be dropped off once or twice a year. Mr. Applegate said they had talked about that before and that the city would have considered starting a pick up or wood chipping service for limbs at the curb if they had been able to pass an income tax. At this time, he said they did not have the revenue to start a new program. If they had a place where people could take their branches, they would have to have a person there all the time making sure that only branches were dropped off. He said that the program the city needs is one where the city would chip the branches in front of each property. That would allow the city more control because they could pick up and chip what they want. The city would need more money to start this kind of a program.

Mr. Beyer asked what the schedule was for the slurry seal for the streets. Mr. Applegate said he has called the company and they are behind. He says the job is weather related. Mr. Beyer said that they did just pass the street levy and he wanted the work done yet this year. Mr. Applegate said that Englewood and Union had bid the project together and they were working with the company that was awarded the bid. He said that Englewood's street work was done but Union had to wait because their street levy had not passed. He said there was still time to get the work done.

A resident said her husband worked for an asphalt company and at the end of the season, everyone wants work done and the workers get behind. Mr. Beyer said he understood but the city pushed for the levy, so he wanted to have the work done.

Mr. O'Callaghan asked if they were getting ready to put in a cul-de-sac behind his property on Tall Timbers. Mr. Applegate said they were getting ready to start and have been clearing and cleaning up the site. They were going through the final review process from Woolperts and they already had three or four lots sold.
Mr. O'Callaghan thanked Mill Ridge for letting them hold their council meetings there during the remodeling. Mr. O'Callaghan said it was a nice facility and the council appreciates letting them meet there while the remodeling is being done at the city building.
Mayor Packard moved that they excuse Mrs. Shields from the meeting. Mr. Beyer seconded the motion. All concurred and Mrs. Shield's absence was excused.

Mr. Hissong expressed his concerns about the loose gravel being thrown up by cars while they are waiting for the final road treatment.

Mrs. Terry said that people have mentioned to her that they want the street work done. Mr. Applegate said he wanted to make it clear that the company was in the city once before, ready to do the work, but the street levy had not passed, so they went on to other jobs. Mr. Applegate added, like the one resident had commented, that everyone in that profession was very busy right now. Mr. Applegate said the city had their chance but because the levy had not passed, they were not able to have it done when the contractor was ready.

Mr. Bruns asked if the large item pick up is the second or third Saturday. He was informed it was the third Saturday. Mr. Bruns asked if things could be put out early. Mr. Applegate said they did not want items set out early but if people were cleaning up their properties, they felt it was better if they did that, even if the items were at the curb for a few extra days.

Mr. Beyer asked Mr. Moore if he could clarify that the recent settlement agreement that the council passed, was a situation where the case was "settled" and not "won" by one side or the other. Mr. Moore said that was a very accurate statement and that the settlement agreement was signed by all the parties and it was a negotiated settlement. It did not go to trial and there was no decision. It was a negotiated settlement. Mr. Beyer said that anyone that would make the statement that they won the case would be inaccurate. Mr. Moore said that was correct and Mr. Beyer said he wanted to make that clear for the record.

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

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

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Oct. 22, 2001


Mayor Packard called the City of Union council meeting to order. The meeting date was Monday, October 22, 2001, at 7:30 p.m. held at the Mill Ridge Community Building Center.

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 Berman, Fire Chief.
Mayor Packard said that Mr. Hissong had called in and was ill so Mayor Packard moved that Mr. Hissong be excused from attending the meeting. Mr. Beyer 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 comments or corrections from the minutes of the meeting from October 9, 2001. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. Mrs. Shields abstained, the other councilmembers 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.
Mr. Marsh from Sweet Potato Ridge Road commented that the election would occur before the next city council meeting and he was concerned that there was no media representation at the meeting because Mr. Marsh wanted to encourage everyone to vote.

3. SECOND READING - ORDINANCE 1235 - AN ORDINANCE AMENDING CHAPTER 1153.04 (C) FENCES, WALLS, AND HEDGES WITHIN THE SUPPLEMENTAL ZONING REGULATIONS OF THE CITY OF UNION PLANNING AND ZONING CODE. (three readings)

Mr. Beyer moved that Ordinance 1235 be passed to the third reading. Mr. Bruns seconded the motion. All concurred and Ordinance 1235 was passed to the third reading.

4. ONE READING - RESOLUTION 01-16 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION IN COOPERATION WITH THE CITIES OF ENGLEWOOD AND CLAYTON TO THE MIAMI VALLEY REGIONAL PLANNING COMMISSION UNDER THE SURFACE TRANSPORTATION PROGRAM (STP) AND CONGESTION MITIGATION/AIR QUALITY (CMAQ) PROGRAM TO IMPLEMENT A REGIONAL TRAFFIC SIGNAL INTERCONNECT SYSTEM.

Mr. Applegate said he was asked to attend a meeting in Englewood concerning federal dollars available for specialized types of traffic funding, particularly the synchronization of traffic lights along State Route 48.
Mr. Applegate said before the work was done on State Route 48, the city buried conduit the length of the project in anticipation for street lights, lighting the Christmas trees, and also for future installation of fiber optics so they could control the traffic flow in the community. Englewood had paid for a study for the feasibility and found that there was money available. Mr. Applegate said he believes this is a good idea. There is one hundred percent funding for the project but no funding for the engineering. The estimate for Union's engineering cost is $11,571.00. In talking with Richard Oaks, Union's traffic engineer who also works for Englewood and Clayton, they are trying to work things out and trying to reduce costs. Mr. Applegate said he was for going ahead with the project and liked the concept and eventually, it would be possible to install video cameras at the intersections and they could monitor what occurs. The capability would be there. If there would be a high accident area at an intersection, they would be able to track what was happening and correct traffic problems.

Mr. Bruns questioned the cost because the city's lines were buried and the cost quoted was for an aerial cost. Mr. Applegate said the lines do come out of the ground and become aerial at the intersections. He said they may have to eventually change the signal heads and what is hanging from the wires, and that would be considered overhead.
Mr. Bruns said that it was a lot money just to tie in one light at West Martindale Road. Mr. Applegate said it would include Phillipsburg, and the road would be widened by 2004 and maybe even sooner, in 2003. This project would come about in two to four years. Sweet Potato Ridge is designed for a light and they will do a traffic study and see if a traffic light is warranted at that intersection. Mr. Applegate said this would be the highest cost, the $11,571.00 for the engineering. Mr. Bruns wondered if the city had a better place to spend the money. Mr. Applegate said in looking at the overall project, where it starts and ends and the capability that it would give safety forces and traffic engineers he thought it would be very worthwhile. For example, at the Northmont Dispatch Center, where the equipment would be located, could actually change the lights if they were noticing a problem. The city has been preparing for this capability which is why they laid the conduit. It would cost more money if the city would wait and do it in the future, they would still want to tie Sweet Potato, West Martindale, and Phillipsburg-Union Roads together. The engineering fees would not need to be paid until they received the grant. Mr. Oaks is working directly with Wagner-Smith that does all the signal light work, and he is hoping that the estimated cost would be reduced.

Mr. Beyer moved that they have the one and only reading and adopt Resolution 01-16. Mr. Bruns seconded the motion. All concurred and Resolution 01-16 was adopted.

5. Open Agenda

Mayor Packard asked if the police were ready for Beggar's Night on Tuesday, October 30. Chief Gessner said they would be ready.

Mr. O'Callaghan wished everyone a happy Halloween and asked everyone to remember to vote on November 6.

Mr. Applegate said the city hall renovation is well under way. The parapet wall is almost competed. The foundation for the stairway addition and elevator shaft is in and the slab is in. Mr. Applegate invited the council to stop in because everything looks different.
They will need some new electrical lines for the elevator. The existing sidewalk on the side of the building will be moved over four feet and additional conduit will be buried for future uses of the city. Eventually, the city could have a control station within city hall for traffic.

The city has filed an annexation for area on Frederick Road for approximately thirty-seven acres and will also be filing a petition for the Water Wheel Farm area. That annexation would have one hundred percent signatures except for the Miami Conservancy District, which does not sign petitions but they did provide the city with a letter that they are not opposed. That annexation will be filed on Wednesday.

The leaf pick up is moving right along. All the equipment is working fine.

Fire Chief Bergman said there was a blood drive coming up on October 31. They would appreciate it if residents could call for an appointment. Reminder letters were sent out to the people that signed up to give blood at the Toll Road Festival.

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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Nov. 13, 2001


The City of Union held their council meeting on Tuesday, November 13, 2001, at 7:30 p.m. at the Mill Ridge Community Building Center.

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 from the minutes of the October 22, 2001 meeting. Mr. Bruns said that the second paragraph should have that Mrs. Terry was absent from the meeting.
Mr. Bruns moved that the minutes be approved with the correction in the second paragraph. Mr. Beyer seconded the motion. All concurred and the minutes were approved with the correction.

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

3. THIRD READING - ORDINANCE 1235 - AN ORDINANCE AMENDING CHAPTER 1153.04 (C) FENCES, WALLS, AND HEDGES WITHIN THE SUPPLEMENTAL ZONING REGULATIONS OF THE CITY OF UNION PLANNING AND ZONING CODE. (three readings)

Mr. Beyer moved to have the final reading and adopt Ordinance 1235. Mr. Bruns seconded the motion. All concurred and Ordinance 1235 was adopted.

4. FIRST READING - ORDINANCE 1239 - 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 is their yearly agreement with the Montgomery County Health Department that the city will turn over ten percent of any liquor permit fees that the city receives to support the county's program for the prevention and treatment of alcoholism and chemical dependency.
Mayor Packard moved to have the first reading of Ordinance 1239. Mr. Beyer seconded the motion. All concurred and Ordinance 1239 was passed to the second reading.

5. ONE READING - ORDINANCE 1240 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF MONTGOMERY COUNTY OHIO FOR ITS BOARDING AND DISPOSAL OF CATS. (waive three readings)

Mr. Bruns asked why the council was asked to waive the three readings on the first ordinance and not Ordinance 1240 if they were both annual ordinances. Mr. Applegate said Ordinance 1240 was done every two years and the county was requesting that the Ordinance be returned to their office by November 28, so that is why Ordinance 1240 was on the agenda for only one reading.

Mr. Beyer moved to suspend the charter requirement of three separate reading on three separate days in regard to Ordinance 1240. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1240. Mrs. Shields seconded the motion. All concurred and Ordinance 1240 was adopted.

6. ONE READING - ORDINANCE 1241 - AN ORDINANCE AMENDING THE REGULAR PAY TABLE, ASSIGNING PAY GRADES STEPS/SALARIES AND THE MAXIMUM NUMBER OF FULL-TIME, REGULAR PART-TIME, PART-TIME (SEASONAL) AND AUXILIARY POSITIONS WITHIN THE CITY OF UNION FOR 2001. (waive three readings)

Mr. Applegate said this was to amend the ordinance on the pay table and number of employees and they are now including a part time position for someone with specialized skills that could be hired occasionally if and when professional skills are needed. In response to a question from Mrs. Terry, it would not be necessarily a building inspector or zoning inspector, but similar to a professional engineer, someone with higher qualifications and specialized skills.
Mrs. Terry asked if they could get a zoning inspector full time instead of part time. Mr. Applegate said it still comes down to the availability of money which the city does not have right now.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1241. 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 1241. Mr. Beyer seconded the motion. All concurred and Ordinance 1241 was adopted.

7. Open Agenda

Mayor Packard congratulated the candidates that had run for the council. He said that it was a fair race where people promoted themselves and did not criticize others and he thought the candidates did a very good job.

Mr. O'Callaghan said council had received a letter from the Community Blood Center thanking everyone that participated in the community blood drive. He said he was very pleased to walk in and see Mr. Applegate, Mrs. Winemiller, Mr. Maxwell, and other city employees that were donating blood.

Mrs. Terry congratulated Mr. Stiegler and said she was sure he would do a good job on council. Mrs. Terry said she had stopped by and congratulated Mrs. Goudy and had told her she would make a great councilwoman.

Mr. Applegate said he wanted to make the council aware of several items in their council packet. There is the annual survey that they get from Fairborn and the city is still twenty third out of twenty-four cities, lowest in combined real estate taxes, city income tax, water and sewer rates, etc. The city does not have an income tax so this is the only fair way that they can rate the cities. This shows that the city is still doing a good job and that Union is an inexpensive place to live.
Mayor Packard asked if this information could be put on the web site and Mr. Applegate said they would.

Mr. Applegate said that when they did the State Route 48 improvement project, they applied for a federal grant to be received for the last portion of the project in 2004. This was because there was not enough money to go any further than Charles Place in the original combined grant for Englewood, Union, and Clayton. Mr. Applegate said they also received notice of a grant from Issue II for 1.43 million dollars to be awarded in 2002. This state grant is ninety percent/ten percent versus the federal grant that would have been eighty percent/twenty percent. So instead of the city having to pay $283,000 they will only have to pay $143,000 for the city's share. The paper work is being put together to accept the state Issue II grant.

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

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

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Nov. 26, 2001

The November 26, 2001, City of Union council meeting was called to order on Monday evening at 7:30 P.M.
Mayor Packard called the meeting to order and attendance was taken. The following councilmembers were at the meeting: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Mrs. Terry was not present.
Other city staff members present were John P. Applegate, City Manager, 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 changes or additions on the minutes from the November 13, 2001 council meeting. There were no changes. Mayor Packard moved that the minutes be accepted as prepared. Mr. Hissong 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 citizens and visitors in the audience. There were none.

3. SECOND READING - ORDINANCE 1239 - 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)

Mrs. Shields moved to have the second reading of Ordinance 1239. Mr. Beyer seconded the motion. All concurred and Ordinance 1239 was passed to the third reading.

4. Open Agenda

Mayor Packard said Main Street looked sharp and the decorated street light poles looked great. Mr. Applegate said the colored Christmas light bulbs are partially covered by the garland and need to be turned out from the poles so they show up better.

Mr. O'Callaghan said on December 11 or December 18, they will be judging the city for the best Christmas lighting display. He will get with Mr. Coker, another Park Board member and will choose a time for the judging. Mr. O'Callaghan said many people were lighting their homes and more people are decorating their homes each year in the city.

Mrs. Shields said that the lights along Main Street looked really nice.

Mr. Beyer said he was glad to see that Mr. Applegate finally got colored lights on Main Street.

Mr. Beyer asked what the plan was for the second meeting of December. Mr. Applegate said he was not sure yet but they hoped to cancel the second meeting in December. It would just depend on if they were able to complete the budget.
Mr. Beyer said they usually swear in the new councilmembers at the last meeting in December so if that meeting is canceled, they will swear in the new councilmembers during the first meeting in December.

Mr. Bruns asked if Mrs. Terry called in for an absence. She did not so Mr. Bruns asked that the minutes show that her absence was unexcused.

Chief Gessner said everything was going very well in town.

5. Mr. Beyer moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the meeting was adjourned.

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

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Dec. 10, 2001


Mayor Packard called the December 10, 2001 City of Union council meeting to order. The meeting was held Monday evening, at the Mill Ridge Village community building.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief. Mayor Packard said Mr. Beyer had called and was ill. Mayor Packard moved to excuse Mr. Beyer from the meeting. 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 to the minutes from the November 26, 2001 meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

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

3. THIRD READING - ORDINANCE 1239 - 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 to have the third reading and adopt Ordinance 1239. Mayor Packard seconded the motion. All concurred and Ordinance 1239 was adopted.

4. ONE READING - ORDINANCE 1242 - AN ORDINANCE TO APPROVE A STATEMENT OF SERVICES TO BE FURNISHED TO A 37.307 ACRE TRACT OF GROUND PROPOSED FOR ANNEXATION TO THE CITY OF UNION AND DECLARING AN EMERGENCY.
Mr. Applegate said this ordinance needed to be adopted by emergency and was a statement of services for an annexation that has been proposed to come into the city. The hearing will go before Miami County on December 27, 2001.
The area is referred to as Frederick, the unincorporated section, and is approximately thirty-seven acres. It starts north of Miller Brothers Excavating office and extends to Boyd's Machine Shop. The area is located on the edge of the city's corporation line. In response to a question from the council, approximately seventy-one percent of the property owners have requested the annexation.
The Ordinance needs to be passed as an emergency since the hearing is coming up before the end of December.
Mrs. Terry asked about the charter amendment passed that would allow people to vote on annexations. She asked if in Mr. Moore's opinion, the amendment was considered unconstitutional. Mr. Moore said yes and a case was pending from January 2001, that had not been decided yet. Mr. Moore said annexations are state wide concerns and an annexation bill passed by the state was recently put to a referendum. Mr. Moore said when something is considered a state-wide concern, a chartered city can not make new laws or rules of their own on a state matter. Mr. Moore said his opinion on that matter has not changed. Mr. Moore said he had originally consulted with another law firm to check his opinion.

Mr. O'Callaghan moved that Ordinance 1242 be declared an emergency for the reasons set forth in the ordinance. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan moved to have the one and only reading and adopt emergency Ordinance 1242. Mrs. Shields seconded the motion. All concurred and Ordinance 1242 was adopted.

5. Open Agenda

Mayor Packard said the city's holiday decorations looked better every year and he was proud to say that he lived in the City of Union. Mayor Packard said that Main Street looked sharp and he had heard all kinds of favorable comments about the lighting.
Mayor Packard said he would like to have a tree lighting ceremony next year.

Mr. O'Callaghan asked if they would have a meeting next week and Mr. Applegate stated the council will meet on Monday, December 17, 2001.
Mr. O'Callaghan said he and Mr. Coker will be driving through town and judging the house decorating on the evening of December 18. Mr. O'Callaghan said there were more houses decorated this year.

Mr. Hissong said Main Street looks great and he has had so many compliments about it. Mrs. Terry agreed, saying there were many uniquely decorated homes and that she was very proud of how Main Street looked.

Mr. Bruns said that last year, there were yellow/orange barrel decorations on Main Street and that they really appreciated how Main Street looks this year.
Mayor Packard said the new councilmembers would be sworn in at the next meeting and he invited everyone to attend with their families.

Mr. Applegate said for the record, he appreciated the comments on the colored lights on the street light poles on Main Street.

The brick work has been completed for a base for the new city sign and they are waiting for the sign to be delivered.

6. Mr. Bruns moved that the December 10, 2001 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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Dec. 17, 2001

Mayor Packard called the City of Union council meeting to order on December 17, 2001, on Monday evening at 7:30 p.m. Due to the renovation of Union city hall, the meeting was held at the Mill Ridge Community Center building.

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, substituting for Joe Moore, the 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 from the minutes of the December 10, 2001 council meeting. There were no corrections so Mayor Packard moved that the minutes be accepted as prepared. Mr. Bruns seconded the motion. Mr. Beyer abstained, the other councilmembers voted for the motion and the minutes were accepted.

2. Mayor Packard then asked if there were any comments from the citizens and visitors in the audience.
Mr. Marsh thanked the council for the job they had done and passed on his personal best wishes to the city council, staff, and employees. He said without their dedication, the city would not have progressed the way it had.

3. ONE READING - ORDINANCE 1243 - AN ORDINANCE AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE FOR 2001 AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance adjusts the various funds within the categories to handle the expenses for this year. This would need to be in effect by December 31, 2001. Mr. Beyer said that the budget committee had reviewed everything and the budget committee is happy with the financial condition of the city.

Mr. Beyer moved that Ordinance 1243 be declared an emergency for the reasons set forth in the Ordinance. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt emergency Ordinance 1243. Mr. O'Callaghan seconded the motion. All concurred and emergency Ordinance 1243 was adopted.

4. ONE READING - ORDINANCE 1244 - AN ANNUAL APPROPRIATION ORDINANCE FOR 2002 AND DECLARING AN EMERGENCY.

This is the annual appropriation ordinance for 2002 and establishes the budget amounts for all categories. The adoption of this is recommenced so it can be in place by the first of January, 2002.

Mr. Beyer moved that Ordinance 1244 be declared an emergency for the reasons forth in the ordinance. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt emergency Ordinance 1244. Mr. Bruns seconded the motion. All the council members concurred and emergency Ordinance 1244 was adopted.

5. ONE READING - ORDINANCE 1245 - 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 2002 AND DECLARING AN EMERGENCY.

This is a yearly ordinance that establishes pay tables. It needs to be passed as an emergency so the ordinance will be in effect by January 1, 2002.

Mr. Beyer moved that Ordinance 1245 be declared an emergency for the reasons set forth in the ordinance. Mrs. Shields seconded the motion. All concurred and the motion was passed.

Mr. Beyer moved to have the one and only reading and adopt emergency Ordinance 1245. Mrs. Shields seconded the motion. All concurred and Ordinance 1245 was adopted.

6. ONE READING - RESOLUTION 01-17 - A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LAW OFFICE OF THE MONTGOMERY COUNTY PUBLIC DEFENDER TO PROVIDE LEGAL SERVICES FOR INDIGENT PERSONS CHARGED WITH JAILABLE OFFENSES UNDER THE CITY'S LOCAL ORDINANCES.

Mr. Applegate said this was their annual agreement that is passed every year where the city agrees to provide legal services for indigent persons.

Mr. Beyer moved to have the one and only reading of Resolution 01-17. Mrs. Shields seconded the motion. All concurred and the motion was passed.

Mayor Packard thanked Mr. Applegate, Mrs. Winemiller and the staff for all their hard work on the budget.

7. Open Agenda

Mayor Packard wished everyone a happy and safe holiday. Mayor Packard introduced Mark Henry, sitting in for the law director.

Mr. Beyer wished everyone a happy Christmas and he acknowledged that this meeting would be the last meeting for Colette Shields. He thanked her for her service to the city and that added that he wished her well.

Mr. O'Callaghan also wished everyone happy holidays and said that Tuesday, December 18, the park board would be judging the Christmas light decorations. He also thanked Mrs. Shields for serving on the City of Union council.

Mrs. Terry wished everyone a merry Christmas and she said she was very proud of Union and that it looked very pretty this year.

Mr. Bruns thanked Mrs. Shields for her efforts and said they would miss having her on the council. He also expressed holiday wishes to everyone.

Mr. Bruns said after the last meeting, there was an article in the Englewood Independent. Mr. Bruns said Ordinance 1242 passed, not "despite their law director" as indicated in the article. Mr. Bruns said they passed the legislation based on the law director's guidance.

Mr. Bruns added that the same article stated the next council meeting would be Tuesday, December 19 which was also incorrect.

Mrs. Winemiller wished everyone a merry Christmas and said that after January, Mrs. Rosenberger of the Dayton Daily News would not be covering the meetings anymore and she wished her well.

Mr. Applegate said it had been a pleasure working with Mrs. Shields and he, the staff and council will miss her.
Mr. Applegate said the city had made great strides this last year and the city was planning new projects for 2002. He said the staff and employees had done a great job and also the council. He said he had grown up in the city and had seen many changes over the years. He wished everyone a good December 25.

Chief Gessner said he and the officers wished everyone a good and safe holiday.

Fire Chief Bergman said they had responded to a fire in Phillipsburg last week and were able to save the house. He suggested that they look at providing fire service across the river in the newly annexed area. He said he felt they could provide better service than what they already had using the services from other jurisdictions.

Mrs. Shields wished everyone a merry Christmas and a nice new year. She said she had enjoyed working on council, and learned a lot and met a lot of people. She said she would still be in Union, and still help out at the Toll Road Festival and attend some of the meetings.

8. Mayor Packard asked for Mr. Beyer to stand and he was sworn in for another term of council.

Mayor Packard asked Mrs. Terry to stand and she was sworn in as councilmember.
Mayor Packard then asked Mrs. Goudy to step forward to be sworn in as a new councilmember.

9. Mr. Beyer moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the meeting was adjourned.

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

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