Union City Council Meeting Minutes
Fourth Quarter 2004
 
October 12, 2004, Meeting Minutes
October 25, 2004, Meeting Minutes
November 8, 2004, Meeting Minutes
November 22, 2004, Meeting Minutes
December 13, 2004, Meeting Minutes
December 27, 2004, Meeting Minutes
 

October 12, 2004

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

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

Mayor Packard asked for a moment of silence.

Mayor Packard said he needed to make a motion dropping Item # 3 from the agenda due to a legal complication. Mr. Applegate said that Butler Township had filed an appeal to stay the action of the council on the annexation of the 79.84 acres in Butler Township.Mr. Applegate said that when that was resolved, the ordinance would be back on the agenda. Mr. Bruns seconded the motion. All concurred and Item # 3, Ordinance 1335 was dropped from the agenda.

1. Mayor Packard asked if there were any additions or corrections in the minutes from the September 27, 2004 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be approved. Mr. Hissong seconded the motion. Mrs. Goudy abstained, the other council members voted for the motion and the council minutes were accepted as prepared.

2. Mayor Packard recognized David Stamper from Martindale Road. Mr. Stamper discussed some steps he and other citizens were taking to promote the police and fire/ems levies. The group is also having a meeting at 7:00 p.m. on October 13, at Mill Ridge Village. Mr. Stamper said they had some hand bills made and were making phone calls to residents. Mr. Stamper and Mr. Hissong both offered to take calls from residents if they were interested in supporting the levy.

3. ONE READING - ORDINANCE 1335 - AN ORDINANCE ACCEPTING THE ANNEXATION OF 79.84 + ACRES, MORE OR LESS, IN BUTLER TOWNSHIP, MONTGOMERY COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

This item was removed from the agenda by an earlier motion.

4. ONE READING - ORDINANCE 1336 - AN ORDINANCE ACCEPTING THE BID FROM R.E. HOLLAND EXCAVATING, INC. FOR THE MERRYMAID STORM SEWER REPLACEMENT PROJECT, PHASE III, IN THE CITY OF UNION. (waive three readings.)

Mr. Applegate said this ordinance would authorize the city to enter into a contract with R. E. Holland Excavating for the Merrymaid Storm Sewer Replacement Project, Phase III. It was staff's and the city's engineer's recommendation to accept the bid and enter into a contract. This is for a box culvert and the project will be started in mid November, which is why the council would like to waive three readings to get the work started.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1336. 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 1336. Mr. Beyer seconded the motion. All concurred and Ordinance 1336 was adopted.

5. ONE READING - ORDINANCE 1337 - 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. (waive three readings)

Mr. Applegate said that for a number of years, Union has always entered into this agreement. For this year, Mr. Applegate recommended the council table this matter until they see how their financial condition is the first of the year.
Mr. Beyer moved to table Ordinance 1337. Mayor Packard seconded the motion. All concurred and Ordinance 1337 was tabled.

6. ONE READING - RESOLUTION 04-20 - A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.

Mr. Applegate explained that this was a resolution setting the amounts and rates from Montgomery County for the various tax rates and certifying them to the City of Union. Mr. Applegate said it was staff's recommendation that this resolution be approved.

Mr. Bruns moved to have the one and only reading and adopt Resolution 04-20. Mr. Beyer seconded the motion. All concurred and Resolution 04-20 was adopted.

7. Open Agenda

Mayor Packard thanked Mr. Stamper for his assistance for working to promote the police, and fire/ems levy.
Mayor Packard asked if Mr. Applegate knew anything about threats against the school. He said a resident had called and asked the city to do something. Mayor Packard said the parents needed to be responsible for their children. He suggested that the school and police get together and discuss some of the problems.

Mr. Beyer said there is a house on Marrett Farm Road near Concord Farm Road that is lit up with Halloween lights and decorations. He recommended that everyone go out and take a look at the property.

Mr. Beyer said he was watching the Clayton city council meeting and there was a group of small communities that were interested in joining together, which was like what Union participated in before, called the Northmont Round Table. He asked if anyone had approached Union about this. No one was aware of the new group.

Mr. O'Callaghan asked how the city was doing with their leaf pick up program. Mr. Applegate said they had just started, as scheduled, on October 12, the morning of the meeting.
He also said in the Neighborhood News section of the Dayton Daily News, there was an excellent article written by Val Bush. He said it had all of the pertinent information included about the levies that will be on the ballot on November 2. He had copies for the council members if anyone had missed reading it.

Mr. O'Callaghan asked who had set the date for Beggar's Night. He disagreed with having it on Saturday, October 30, from 6:00 p.m. to 8:00 p.m. Mr. Applegate said it was set in advance by the Mayor's and Manager's Association.

Mr. Hissong said the city crews had picked up a lot of leaves that day and he thanked Mr. Stamper for the work he was doing for the Union levies.

Mr. Applegate said it was in the newspaper that there was a ruling against the city in the Gessner law suit. Mr. Applegate said there was not much that could be said because they were still in litigation and they have not yet argued the merits of the case yet, but had just dealt with the pleadings of the plaintiff`so he asked the council to keep that in mind. Mr. Applegate said Ms. Ballato, the attorney that is handling the case, was out of town so he had not been able to talk to her about the article.

Mrs. Winemiller said she had given Mr. O'Callaghan the final figures for the Toll Road festival and it was $9,500.00.

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

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

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October 25, 2004

The City of Union council meeting was called to order by Vice Mayor Lawrence Beyer on October 25, 2004, at 7:30 p.m., Monday evening.

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

Mr. Beyer said they had tried to call Mayor Packard and had not reached him so in case he was on the way, they would wait to see if he arrived.

Mr. Beyer called for a moment of silence.

1. Mr. Beyer asked if there were any additions or corrections from the minutes of the October 12, 2004 meeting. There were no changes so Mr. Bruns moved that the council minutes be approved. Mr. O'Callaghan seconded the motion. All concurred and the council minutes were accepted as prepared.

2. Mr. Beyer recognized Mr. David Stamper from Martindale Road who indicated he wanted to address the council.

Mayor Stamper thanked several Union residents that had been working very hard on the campaign for the police and fire/ems levies. He said they had very good response and had already covered two precincts. As each one was completed, they would move on to the next precinct. He also thanked council members Mike O'Callaghan, Betty Terry, and Jerry Hissong for their assistance in delivering signs.

3. Open Agenda

Mr. Bruns said he hoped that the city would have a good turn out at the November 2, 2004 election.

Mrs. Terry said she had enjoyed getting out and talking to the residents. She said there had been a good response and she hoped that the police and fire/ems levies would pass.

Mr. Hissong thanked Mr. Stamper for keeping everyone fired up in campaigning for the levies. He said many people have stopped at his house asking for signs.

Mr. O'Callaghan thanked everyone for working so hard on the up coming levies.

Mrs. Goudy said that the comments she had received had been very positive and she hoped that the levies would pass by a great majority of the voters.

Mr. Applegate said that as the city manager, he appreciated the work being done by the citizens and he thanked Mr. Stamper for stepping up to the plate. He said everyone's involvement was very good to see.

Mr. Moore said he had filed a brief with the Court of Appeals on why the court should not grant a stay on an annexation of 79.84 + acres that the council had postponed from accepting at the last meeting. The Court of Common Pleas had decided in Union's favor that Butler Township had no right for a restraining order but Butler Township had taken this to the Court of Appeals. He said that he might have more information from the court by
the next meeting.

4. 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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November 8, 2004

The November 8, 2004 City of Union council meeting was called to order by Mayor Packard at 7:30 p.m. on Monday evening. Attendance was taken and the following council members were present: Mayor Packard, Mr. Beyer, Mr. Bruns, Mr. O'Callaghan, Mrs. Goudy, and Mr. Hissong. Other city staff
members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Mike Blackwell, Police Chief.

Mrs. Terry's absence was not excused.

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 25, 2004 council meeting. Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Hissong seconded the motion. Mayor Packard abstained, the other council members voted for the motion and the council minutes were accepted as prepared.

2. Mayor Packard said there was one person from the citizens and visitors in the room that wanted to comment on matters other than what would be discussed in the public hearing. Before Mayor Packard recognized David Stamper, he said he wanted to commend him for his work with the citizens supporting the police and fire/ems levies.
Mr. Stamper said it was an honor to work with the council, citizens, and volunteers and that he enjoyed it very much. He thanked all the people that helped him and thanked the citizens for voting for the police and fire/ems levies.

Mayor Packard closed the regular portion of the council meeting and opened up the public hearing.

3. Public hearing on a proposed zoning amendment on Chapter 1145.03 of the Union Code relating to R-2 Residential District Regulations.

Mayor Packard said that one citizen had indicated that they wished to speak during the public hearing so he asked everyone that wanted to make a comment stand and be sworn in.

Mr. Applegate explained that the subject of the public hearing was to amend the residential zoning district, R-2, and add to the uses of single family homes and community parks, "attached two single family homes", with a minimum of 1500 square feet per side, and brick wrap or similar material to the square.
Mr. Applegate said this amendment had been before the planning commission and had been recommended to the council. All of the procedures done by the city, such as advertising, were in compliance with the Ohio Revised Code.
Mr. Beyer emphasized that this public hearing was to amend the zoning text not to discuss a possible development. He asked Mr. Applegate to explain the differences between the word "doubles" and "attached two single family homes".
Mr. Applegate said a double was two houses attached with a common party wall, and the building would have one owner for both sides and one deed to the property. An attached two single family home would have two actual separate sides and lots and could have two different owners and there would be two deeds for the property. These attached, two single family homes would be similar to what was built in Union Ridge and Concord Meadows except that these units in the R-2 zoning would have a minimum of 1500 square feet instead of the normal 1400 square foot minimum requirement.
Mr. Beyer commented that they were increasing the square footage requirement by 100 feet.

Mr. Applegate said the only other property in Union that was zoned R-2, that would be affected by the zoning amendment was the Swartz property located on the north west corner of Main Street and Phillipsburg-Union Road.

Mr. Hansel asked how many attached homes there would be and size of the lots. He said he would only want single family homes and he would like the land to be used as a park.

Mr. Applegate said this was not a re-zoning public hearing, it was only to amend the zoning text. The meeting for re-zoning would be at the next council meeting on November 22, 2004. Mr. Applegate said there was a folder at the city building that was available to the public that had the number of lots, elevations of the homes, and a development plan.

There were no more comments so Mayor Packard closed the public hearing on the amendment to the residential zoning code.

Mayor Packard then re-opened the regular council meeting.

4. FIRST READING - ORDINANCE 1333 - AN ORDINANCE AMENDING ZONING
REGULATIONS, CHAPTER 1145.03 OF THE UNION CODE, RELATING TO R-2 RESIDENTIAL DISTRICT REGULATIONS. (three readings)

This was the subject of the public hearing and is an amendment to the Residential zoning code to allow attached two single family homes, with a 1500 square foot minimum per side and brick wrap or similar material to the square.

Mr. Beyer moved that they have the first reading of Ordinance 1333. Mr. Bruns seconded the motion. All concurred and Ordinance 1333 was passed to the second reading.
5. ONE READING - ORDINANCE 1338 - AUTHORIZATION FOR THE CITY OF
UNION, OHIO TO PICK UP THE STATUTORILY REQUIRED CONTRIBUTION TO THE OHIO POLICE & FIRE PENSION FUND FOR THE POLICE CHIEF BY PAYING THE CONTRIBUTIONS ON THE POLICE CHIEF'S BEHALF AS A DEPARTMENT HEAD, AS DEFINED BY THE ADMINISTRATIVE CODE OF THE CITY OF UNION, AND PURSUANT TO INTERNAL REVENUE CODE §414(H)(2) AND DECLARING AN EMERGENCY.

Mr. Applegate said that the next three ordinances, 1338, 1339, and 1340 dealt with changes in the requirements for the Ohio Police and Fire Pension fund. They have new procedures which have to be adopted concerning the federal and state income tax. The three ordinances are being done by an emergency because the adoption of the new code needs to be done by November 30, 2004.

Mr. Hansel asked about the pension fund. Mr. Applegate said there had been a change in the reporting and the city needed to adopt these changes to comply with federal and state request on how income is deferred. Union needs to be in compliance and all other entities are being required to adopt these changes.

Mr. Beyer moved that Ordinance 1338 be declared an emergency for the reasons set forth in the ordinance. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt emergency Ordinance No. 1338. Mr. Bruns seconded the motion. All concurred and emergency Ordinance 1338 was adopted.

6. ONE READING - ORDINANCE 1339 - AUTHORIZATION FOR THE CITY OF UNION,
OHIO TO PICK UP THROUGH A PAYROLL DEDUCTION THE STATUTORILY REQUIRED CONTRIBUTION TO THE OHIO POLICE & FIRE PENSION FUND FOR FULL TIME PATROL OFFICERS, PURSUANT TO INTERNAL REVENUE CODE §414(H)(2) AND DECLARING AN EMERGENCY.

Mr. Beyer moved that Ordinance 1339 be declared an emergency for the reasons set forth in the Ordinance. Mr. Hissong seconded the motion. All concurred and the motion passed.

Mr. Beyer then moved to have the one and only reading and adopt emergency Ordinance 1339. Mr. O'Callaghan seconded the motion. All concurred and emergency ordinance 1339 was adopted.

7. ONE READING - ORDINANCE 1340 - AUTHORIZATION FOR THE CITY OF UNION,
OHIO TO PICK UP THE STATUTORILY REQUIRED CONTRIBUTION TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OF OHIO FOR THE EMPLOYEES OF THE CITY OF UNION, PURSUANT TO INTERNAL REVENUE CODE §414(H)(2) AND DECLARING AN EMERGENCY.

Mr. Beyer moved that Ordinance No. 1340 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt emergency Ordinance No. 1340. Mr. O'Callaghan seconded the motion. All concurred and emergency Ordinance 1340 was adopted.

8. Open Agenda

Mayor Packard thanked everyone in the city for participating in voting at the November 2, 2004 election. Mr. Applegate said this was one of the largest turn outs of voters that he could remember.
Mayor Packard said the passage of the police and fire/ems levies was a victory for the citizens.

Mr. Beyer said despite all the work that was done to pass the levies, they still only received 51 percent of the vote. He said that in the future, when they had to try to pass another levy, he wanted to be sure that the city kept all the promises that they had made to the citizens, such as having two police officers on duty, purchasing a new fire truck and ambulance, etc. He said they still had a lot of work to do.
Mr. Beyer asked for a printout from the Board of Elections showing how each precinct voted. He said he knew the information would not be available for several months.
Mrs. Goudy agreed with Mr. Beyer saying they would fulfill all of their obligations. She said she felt the citizens had taken a step in the right direction and was very thankful.

Mr. O'Callaghan thanked everyone for giving the city the means to do things that Mr. Beyer was talking about.
He also reminded everyone that the tree lighting ceremony was scheduled for November 28, Sunday evening.

Mr. Hissong thanked everyone, especially Mr. Stamper for working on the police and fire/ems levies.

Since concerns had been reported that the council passed annexations by emergency, Mr. Bruns said that passing an ordinance by an emergency was permitted by the city charter and it is required that the ordinance contain a section stating the reason for declaring an emergency. The fact that an ordinance was an emergency was already part of the ordinance.

Mr. Applegate thanked everyone for participating in voting. He thanked Mr. Stamper for chairing the committee and said he did a great job. He said he remembered earlier in the city's past, if someone was hurt, you had to find a way to take them to the hospital because at that time there was no ambulance. He said the people had made the right decision.

Mr. Moore added that the council has discretion to pass legislation by emergency and they can decide to make regulations effective right away. He said that sometimes the city is compelled to treat legislation as an
emergency to meet a deadline. Mr. Moore commented that the city does not
hold or wait on items. Legislation frequently comes in at the last minute and needs to be dealt with.

Since several concerns had been relayed to the mayor and council about annexations being passed as an emergency, Mr. Moore said that regarding annexations, people approach the city. For example, residents in Butler Township wanted to come into the city to benefit the property owners which would also benefit the City of Union. Butler Township sued the City of Union to try to stop the annexation. Mr. Moore said that if there has been a delay in an annexation, the council can choose to pass the legislation as an emergency. They are not violating any law. The council has the discretion to pass an annexation by an emergency.

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

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

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November 22, 2004

The council meeting was called to order by Mayor Packard on November 22, 2004, Monday, at 7:30 p.m.

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

Mayor Packard called for a moment of silence.

Mayor Packard said that if anyone wanted to address the council during the public hearing he would swear them in. No one indicated they wanted to speak.

1. Mayor Packard asked if there were any questions or corrections from the minutes of the November 8, 2004 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. Mrs. Terry abstained, the other council members voted for the motion and the minutes were accepted as prepared.

Mayor Packard informed the council that item # 6 had been changed on the agenda. Ordinance 1341 had the year 2005 incorrectly typed instead of 2004. The agenda and ordinance had been corrected and the council was provided with new copies.

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

Mayor Packard closed the regular portion of the council meeting and opened the public hearing.

3. Public hearing on a proposed zoning change on property located south of Phillipsburg-Union Road, west of State Route 48, from Agricultural-Residential (A-R) to Residential-2 (R-2).

Mr. Applegate asked if he could be sworn in. Mayor Packard said that anyone else wishing to speak during the public hearing would need to be sworn in. Mr. Moore conducted the swearing in.

Mr. Applegate explained that the public hearing deals with a proposed zoning change and he indicated the area shown on the map.
The public hearing has been advertised as required by the Ohio Revised Code and the surrounding property owners were notified. The file has been available for public review.
For clarification, Mr. Applegate explained the last council meeting had conducted a public hearing for a zoning text change, and this public hearing was for a proposed zoning district change from Agricultural-Residential (A-R) to Residential - 2 (R-2). The proposed development is Stonebridge Estates and the plan is for sixty single family homes and fourteen attached two single family homes.
Mr. Applegate said the developer, Scott Dillon had been called out of town and was being represented by Howard Schumacher.
Mr. Applegate said that the city's R-2 zoning requires single family homes with the minimum size of 2000 square feet. The proposed zoning text amendment that had the first reading at the last meeting was being changed to allow attached two single family homes with a minimum 1500 square foot per side and that they would be brick to the square.
There were drawings of the proposed homes on display.

Mr. Shumacher said he represented several developers in the area. The land in question is 40.765 acres. The homes will have pitched roofs and some could have cedar or vinyl siding. The attached single family homes would be all brick. Mr. Shumacher passed around some examples of the housing designs.
The price range they were considering was $190,000 for a single family up to $300,000, with one and two stories. All units would have attached minimum two car garages. The lot sizes would be ninety feet wide except for a few on some of the cul-de-sacs.
Mr. Shumacher asked if there were any questions. Mr. Beyer asked for the price of the attached single family homes. Mr. Shumacher said they would be 150,000 to 180,000 per side.
Sixty of the lots would be single family homes and fourteen of the lots would be attached two single family homes. Mr. Shumacher indicated where the attached homes would be. He said this was a preliminary concept plan and that the engineering had not been done yet.
Mr. Hansel asked if the attached two single family homes were up against the ball diamonds. Mr. Applegate said yes and indicated where the attached single family homes were located.
Mr. Hansel had a few more questions and Mr. Moore said he would have to be sworn in. He was asked to stand so Mr. Moore could administer the oath. Mr. Hansel then asked a question about why they would need to be sworn in and Mr. Beyer said the public hearing was for questions about the development and not other subjects.
Mayor Packard recognized James Hamblett, 219 Keller Court, who had a couple of questions. He said one of the previous development designs had a run off pond. Mr. Shumacher said he was unaware of that. Mr. Hamblett said there was a water run off situation in that area and he had concerns about that. Mr. Shumacher said that would be something that the engineers would have to address.

Mr. Hamblett asked if the plan was changed, if the citizens would be aware of that. Mr. Applegate said the storm ditch the city put in during the early 70's was designed to handle the run off of three houses per acre. The existing plan was designed to handle that flow. There is no detention pond because the design will handle the flow. There is already a field tile in place. As they proceed with the development, the developer will have to comply with the city's regulations on storm drainage.

The set back requirement is 35 feet in the front, 35 in the rear, and a minimum of ten feet on each side with the combined width not to be less than 25 feet. There is a 40 foot easement for the creek so that can be maintained. Once the zoning change has been approved, the developer will come back before the planning commission again for approval of the preliminary plan. Mr. Applegate offered to let the residents know when the developer would be coming before the planning commission again.
Mr. Hamblett asked about the wildlife in the area. Mr. Applegate said there would be some displacement of the wildlife and that was unavoidable. Mr. Hamblett asked if the builder would be present at the next meeting and Mr. Applegate said he would.

Mr. Hansel decided he did have a question pertaining to the public hearing matter and there was a discussion on whether he had been sworn in.

Mr. Moore explained that there are certain rules on how things proceed. At a public hearing, people are sworn in and the comments made would be considered people's testimony. If the matter would go forward, the record of what was said would be reviewed and that is why the people would be sworn in, under oath. According to the rules of the council, if people want to speak at the meeting, they would sign a form. Mr. Moore said these rules have been in place for years - they weren't just created for the evening's meeting. The format was different for a public hearing. If a person wanted to speak at the meeting or public hearing, they would be required to sign up. Mr. Moore said if Mr. Hansel would say yes, and he would tell the truth, in response to Mr. Moore's swearing him in, he would be able to speak. If not, he would not be able to ask the question. Mr. Hansel asked if he could ask the question. Mayor Packard asked if Mr. Hansel accepted being sworn in and he said he had responded yes. Mr. Hansel then said he had a question on why he had to be sworn in and Mr. Moore had explained that.
Mr. Hansel then asked when the property was re-zoned from A-R to R-2, if it was possible to build four family homes. Mr. Applegate explained that R-2 zoning in the City of Union only allows single family dwelling units, a minimum of 2000 square feet of living area. The proposed zoning text amendment would allow attached two single family homes, have two deeds to the property, each half is individually owned, and a separate wall between the units. The purpose of the R-2 district is to have single family homes on larger lots. There are only two areas in the city that are currently zoned as R-2.
Mr. Applegate said this development is a high end development. The only thing that can be built on this property is the single family homes, and nothing else. That is why the city chose the R-2 zoning for the property. These are expensive, good size homes and will positively affect the property values of the homes in Union.
Mr. Hansel asked if R-2 could be amended to allow four family homes. Mr. Applegate said any zoning in the city can be amended by going through the same process that the city was doing that evening.
Mr. Moore said anything in the code book could be changed but it would take action by council. Zoning code changes would take a public hearing and action by council.

Another gentleman said he wanted to speak but didn't want to be sworn in because he didn't believe in God. Mr. Moore said he could be affirmed and he administered the oath.

The person asked if zoning changes or amendments could be passed as an emergency. Mr. Applegate said if the council would choose to do so, those items could be passed by an emergency.
Mr. Moore said the zoning is not changed until the ordinance is passed. The council is having a public hearing on a proposed zoning change and then the ordinance will come before the council. The council can pass ordinances by emergency if it is deemed an emergency for the benefit of the health, safety, and welfare of the city to act in an expedient matter. So the answer to the resident's question is yes but there are certain restrictions, for example, income taxes can't be passed as an emergency, franchises can not be granted as an emergency, etc. Unless restricted by the charter, any ordinance could be passed by an emergency.
Mr. Applegate said the last time this property went through a re-zoning process, the council passed it with the three readings, but a referendum was filed, and then the development was voted down. He added that the council has never passed a zoning change by an emergency.
Another resident asked to be sworn in and asked to clarify something. She asked about the next ordinance, # 1341 on the building code mentioning one, two, and three family dwellings and if that ordinance had anything to do with allowing three family homes in the new development. Mr. Applegate
explained that Ordinance # 1341 was an ordinance adopting and updating building codes and had nothing to do with the public hearing on the proposed zoning change.

A Clayton citizen asked about Philipsburg-Union. He said it had a lot of traffic now and he asked about the future right of way and if they had considered the entrance of the subdivision and also if the builder was aware of the planned expansion of the road. Mr. Applegate said the builder was aware of that and would be required to put in his portion at his expense.

Mayor Packard closed the public hearing and returned to the regular council meeting.

4. SECOND READING - ORDINANCE 1333 - AN ORDINANCE AMENDING ZONING
REGULATIONS, CHAPTER 1145.03 OF THE UNION CODE, RELATING TO R-2 RESIDENTIAL DISTRICT REGULATIONS. (three readings)

Mr. Beyer moved to have the second reading of Ordinance 1333. Mr. Bruns seconded the motion. All concurred and Ordinance 1333 was passed to the third reading.

 

5. FIRST READING - ORDINANCE 1334 - 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. Applegate said based on the prints from the developer and the type of the development and the benefit it would be to the community, it was the staff's recommendation to approve Ordinance 1334.

Mr. Bruns asked if Mr. Dillon had attended the planning commission meetings. Mr. Beyer said Mr. Dillon had been to two meetings of the planning commission. Mr. Bruns said he did not appreciate the brief presentation of Mr. Schumacher and that he would have liked to see the developer. Mr. Bruns said he didn't want to vote no but he did want the developer to attend the next meeting. Mr. Bruns said that the city will have two more readings so they would still have an opportunity to turn the zoning change down in the future.

Mr. Bruns moved to have the first reading of Ordinance 1334. Mr. O'Callaghan seconded the motion. Mrs. Terry, Mayor Packard, and Mr. Beyer voted against the motion and Mr. Bruns, Mr. Hissong, Mr. O'Callaghan, and Mrs. Goudy voted for the motion. Ordinance 1334 was passed to the second reading by a four to three vote.

Mayor Packard encouraged anyone that had attended the public hearing to come back to the next meeting.

6. ONE READING - ORDINANCE 1341 - AN ORDINANCE AMENDING 1131.01 OF
THE UNION CODE, ADOPTING THE 2004 OHIO BUILDING OFFICIALS ASSOCIATION (OBOA) RESIDENTIAL BUILDING CODE AND THE MIAMI VALLEY AMENDMENTS TO THE OHIO RESIDENTIAL CODE FOR ONE, TWO, AND THREE FAMILY DWELLINGS. (waive three
readings)

Mr. Applegate said they were currently using the 1999 building code and they wanted to adopt the new, updated code which was being adopted by Montgomery County and other communities. Any changes that have been made in the building code would be reflected in this new update.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1341. 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 1341. Mr. Beyer seconded the motion. All concurred and Ordinance 1341 was adopted.

7. ONE READING - RESOLUTION 04-21 - 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 resolution would authorize the city manager to enter into a contract with the Montgomery County Defender's office to provide legal services to individuals cited under city codes. This is done every year and the staff recommends that the resolution be passed.

Mr. Beyer moved to have the one and only reading and adopt Resolution 04-21. Mr. Bruns seconded the motion. All concurred and Resolution 04-21 was adopted.

8. Open Agenda

Mayor Packard said the tree lighting ceremony would be at 6:00 p.m. on Sunday, November 28, at the intersection of Montgomery and Martindale Road.
He invited everyone to attend. In addition to Santa and refreshments, etc. they would have Shaw Road Baptist church members sing Christmas carols.

Mr. Beyer asked if the state had passed their budget, because of the possible reduction of state funds to the city. Mr. Applegate said the state budget would not be officially completed until June 30, 2005 and there will be cuts. The city has no information on that.

Mr. Beyer said that the council had never passed a zoning change by an emergency.

Mrs. Goudy encouraged residents to talk to their neighbors and attend the next meeting if they had more questions.

Mr. O'Callaghan said they would have their usual recognition of the outside lighting and holiday displays of the Union citizens.

Mr. Hissong said the city crews were doing a tremendous job with the leaf pick up program and he was anxious to see the holiday lighting along Main Street.

Mrs. Terry thanked everyone for attending the meeting.

Mr. Applegate said the city ranked very high on two Issue II projects so he thought the city would receive funding for the projects. One is to straighten a curve on Old Springfield Road, and the other would be Phase IV of the Merrymaid Stormwater project.

Mr. Applegate said when passing annexations by emergency is mentioned, he wanted to add that annexation is a very long process and it has to meet the requirements of the Ohio Revised code and the entire process can take as long as nine months to two and a half years. At the end of the process, when the council is able to accept the annexation, as required by law, the people that have been waiting through the process to be annexed, would like the process completed as soon as possible, which is why the city accepts the annexation on the first reading.

Lieutenant Goudy of the police department thanked the residents for their support of the police levy.

Mr. Moore said he wanted to talk about the zoning code. The city occasionally gets complaints about a property or the city notes something that should be done with a property and the city follows a process to get the situation corrected. A zoning violation can be issued and the resident is encouraged to remedy the situation voluntarily. Ultimately, if the problem can not be resolved, the case can go to the Vandalia Municipal Court.

The city has taken several of these problems to court and have been obtaining successful results.

He also said the city passed the public defender agreement that evening. If someone is charged for a jailable offense and can not afford a lawyer, this would allow a public defender to represent someone if charged, which is required by law.

9. Mr. Beyer moved that the November 22, 2004 City of Union 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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December 13, 2004

The City of Union council meeting was called to order by Mayor Packard on December 13, 2004, Monday evening at 7:30 p.m.

Attendance was taken and the following council members were present: Mrs. Goudy, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mr. Bruns, and Mr. Beyer.
Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Finance Director, Joe Moore, Law Director, and Mike Blackwell, Police Chief.
Mayor Packard said that Mrs. Terry had not notified him that she was not coming to the meeting so Mrs. Terry's absence was not excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or comments on the council minutes from the November 22, 2004 council meeting. There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard said three people had indicated that they had comments or questions. Mayor Packard recognized Mark Carey. Mr. Carey said he may have a question for the developer. Mayor Packard introduced Mr. Dillon who was the developer for a new housing development, which had been discussed in a public hearing for a zoning change at the last meeting.
Mr. Dillon apologized for not being able to attend the last meeting. He said he was called out of town unexpectedly. He said he wanted a subdivision that would offer something for everyone, first time home buyers, elderly, etc. He said he was planning on living in the development. He said he had worked out a plan with the planning commission and that he would build cost effectively and have good builders.
Mayor Packard asked him to explain what the "doubles" were in the development. Mr. Dillon said they would be deeded separately and the purpose was to reduce the cost of the lots. They will keep to the minimum size of 1500 square feet and the house will be easier to maintain but will still be marketable. He said they wanted to do something for the city and were planning on setting a high standard and would have consistent quality. He said they would like to help Union continue to grow.

Mrs. Goudy said she was concerned about the lack of green space in the proposed development. Mr. Dillon showed her the areas that will still be green space. He said some of the area would be up to the association. He said the size of the lots were bigger than most of the existing lots in Union. They were mostly .4 acres, almost 1/2 acre per lot.
He invited the people to see homes he had built in Centerville. In this development, they will offer a five year warranty on the homes, use high end appliances, Carrier furnaces, etc.
Mr. Bruns asked how many lots they were planning in the development. Mr. Dillon said 74 lots. Mr. Bruns asked how many lots were planned by an earlier developer. Mr. Applegate said they were asking for R-5 zoning which allowed for single family and two family units, but he was unsure of the number of planned lots, but it was more that the 74 planned for this development.
Mr. Carey asked how the insurance was handled on the attached two single family homes and if there was a fire wall between them. Mr. Dillon said there would be a two hour fire wall in between. Mr. Beyer said he had lived in a building like that before and the insurance would be handled just like for a single family detached home. Each half of the attached home could be insured by a different company.
Mayor Packard identified James Hamblett, of Keller Court. Mr. Hamblett said Mr. Dillon had answered most of his questions. He wanted to know when this would be started. Mr. Dillon said they had the finances and insurance in place. Mr. Beyer said the developer would have to submit the plans to the planning commission and they would have their engineering firm review the plans. Mr. Beyer thought with going through their normal process, the building could not be started until spring or summer of 2005. Mr. Dillon said that they would also have to install the sanitary sewer and that would be in their first phase. He said he was the developer but he was using another company to do the work.

Mr. Hansel asked Mr. Applegate if the city would be paying to run the sewer line. Mr. Applegate said that the developer would pay for the sewer. They can ask that the city collect more than their normal tap in fees and split the sewer charges evenly per lot and then the city would reimburse what they collected over the normal tap in fees.

Mr. Hansel said he objected to the two family homes. He asked if the R-2 was changed if that would go out for the whole city.
Mr. Applegate said they would be changing the zoning text in the R-2 zoning to allow attached two single family homes in R-2 zoning, which is only located in two areas in the city and Mr. Applegate showed where the R-2 zoning in Union is located.
Mr. Hansel said the city could change this at any time. He said the doubles were his concern. He said if the single family homes did not sell, than they would come back and ask for more doubles. Mr. Dillon said he would not do that.

Mr. Hansel asked how they would handle the sewer. Mr. Applegate said the city has excess capacity for both water and sewer.
Mr. Applegate said the concept plan is what would be approved and would be built unless the developer would come before the planing commission again.
Mr. Dillon said they have been very cooperative with the city and made the three changes that they suggested, increasing the size of the attached units, etc.
Mr. Hansel asked why they just didn't bring it up to a public vote. Mr. Beyer said Ohio law allows the city council to make these decisions and the council was voted in by the people to make these decisions. Mr. Beyer said they would not abrogate their responsibility as the legislature to the City of Union.

Mr. Carey said several people that he had spoken too had agreed that this is the best proposal that has come into the city.

3. THIRD READING - ORDINANCE 1333 - AN ORDINANCE AMENDING ZONING
REGULATIONS, CHAPTER 1145.03 OF THE UNION CODE, RELATING TO R-2 RESIDENTIAL DISTRICT REGULATIONS. (three readings)

Mr. Bruns moved to have the third reading and adopt Ordinance 1333. Mr. Beyer seconded the motion. All concurred and Ordinance 1333 was adopted.

4. SECOND READING - ORDINANCE 1334 - 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 second reading of Ordinance 1334. Mr. Beyer seconded the motion. Mr. Beyer voted against the motion, Mrs. Goudy, Mr. Hissong, Mayor Packard, Mr. O'Callaghan and Mr. Bruns voted for the motion. The motion was passed so Ordinance 1334 was passed to the third reading.

5. ONE READING - ORDINANCE 1342 - AN ORDINANCE AMENDING THE ANNUAL
APPROPRIATIONS ORDINANCE FOR 2004 AND DECLARING AN EMERGENCY.

Mr. Applegate said this was the annual house-keeping ordinance that deals with the changes - the increasing and decreasing of the appropriations for 2004. The staff recommends the adoption of this ordinance which would need to be effective by the end of the year.
Mr. Bruns moved that Ordinance 1342 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. Buns then moved to have the one and only reading and adopt emergency Ordinance No. 1342. Mr. Beyer seconded the motion. All concurred and emergency Ordinance 1342 was adopted.

6. ONE READING - ORDINANCE 1343 - AN ANNUAL APPROPRIATION ORDINANCE FOR 2005 AND DECLARING AN EMERGENCY.

Mr. Applegate said this was the annual appropriation ordinance for fiscal year 2005 and it would need to go into effect by January 1, 2005 so the city could continue to operate. The total amount of the budget for 2005 is six million, one hundred eight-nine thousand, six hundred seventy-five dollars.
Mr. Beyer said the budget committee met the week before and he wanted to comment on several items. He said the budget is tight and they still don't know the extent of the damage that will be done to the city by the State of Ohio by the reduction of the local government fund. Mr. Beyer said since the citizens of Union had seen fit to approve the fire and police levy, the city will be able to purchase two vehicles for the police department, a new ambulance, and a fire truck in several years,
Mr. Beyer said they are close to issuing 91 building permits which also helps out the general fund.

Mr. Bruns moved that Ordinance 1343 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 them moved to have the one and only reading and adopt emergency Ordinance 1343. Mr. Beyer seconded the motion. All concurred and emergency ordinance was adopted.

7. ONE READING - ORDINANCE 1344 - 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 2005 AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance was to set the pay grades and would need to be in effect by midnight, January 1, 2005 so the city employees can be paid.

Mr. Beyer moved to that Ordinance 1344 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. Beyer then moved to have the one and only reading and adopt emergency Ordinance 1344. Mr. Bruns seconded the motion. All concurred and emergency ordinance 1344 was adopted on the first reading.

8. ONE READING - ORDINANCE 1345 - AN ORDINANCE AMENDING CODE SECTION 1321 FLOOD DAMAGE REDUCTION OF THE CITY OF UNION AS ENACTED BY ORDINANCE 460 AND DECLARING AN EMERGENCY.

Mr. Applegate said this deals with a new part of the code dealing with flood control. This was requested by Ohio Department of Natural Resources (ODNR) to be in compliance with the new FEMA requirements and updated maps. These regulations have been reviewed by ODNR and need to be adopted by January 6, 2004 so the city can continue to have flood damage coverage. Union falls in Zone A, and certain regulations are required.
Mr. Beyer moved that they suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1345. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Beyer them moved to have the one and only reading and adopt Ordinance 1345. Mr. Bruns seconded the motion. All concurred and emergency Ordinance 1345 was adopted.

9. ONE READING - ORDINANCE 1346 - AN ORDINANCE ADOPTING A STATEMENT
INDICATING THE SERVICES THE CITY OF UNION, OHIO, WILL PROVIDE TO THE 7.12 + ACRE TERRITORY PROPOSED TO BE ANNEXED IN UNION TOWNSHIP, MIAMI COUNTY TO THE CITY OF UNION AND BUFFER REQUIREMENTS THE CITY WILL ENFORCE AS PROVIDED BY OHIO REVISED CODE SECTION 709.023 AND DECLARING AN EMERGENCY.

Mr. Applegate said this property involved the properties owned by Paul Tripp, the old raceway, Jean Kendall, and includes the line from Montgomery County Line Road to West Milton, along State Route 48. This can be passed by th Ohio expedited process and the city has to be passed within twenty days to pass the service resolution. Mr. Applegate said they are only dealing with one hundred percent annexations.

Mr. Bruns moved that Ordinance 1346 be declared an emergency for the reasons set forth in the ordinance. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mr. Bruns moved to have the one and only reading and adopt Ordinance 1346. Mr. Hissong seconded the motion. All concurred and emergency Ordinance 1346 was adopted.

10. ONE READING - RESOLUTION 04-22 - A RESOLUTION FORMERLY REQUESTING THAT FIVE RIVERS METRO PARKS AND THE MIAMI CONSERVANCY DISTRICT APPROVE THE PERMANENT REMOVAL OF A STILLWATER RIVER "COFFERDAM" FOR THE PURPOSE OF IMPROVING WATER QUALITY AND PUBLIC SAFETY.

Mr. Applegate said this was a formal request that the coffer dam be removed which is creating a problem with the water quality and improves the safety of the area. They are looking for grant money to cover the cost of the removal. Mr. Applegate said this will also help the city in the renewal of the permit for the waste water treatment plant. He said it was staff's recommendation that this resolution be passed.

Mr. Beyer moved to have the one and only reading and adopt Resolution 04-22. Mr. Hissong seconded the motion. All concurred and Resolution 04-22 was adopted.

11. ONE READING - RESOLUTION 04-23 - A RESOLUTION ADOPTING THE NATIONAL
INCIDENT MANAGEMENT SYSTEM (NIMS).

Mr. Applegate said this deals with the homeland security act. The city has to adopt this and it has to be forwarded to the county that they will comply with the regulations, in case of a disaster. It is a common reporting procedure that will be nationwide.

Mr. Beyer moved to have the one and only reading and adopt Resolution 04-23. Mr. Bruns seconded the motion. All concurred and Resolution 04-23 was adopted.

12. Open Agenda

Mayor Packard reminded everyone to contribute to the food drive. He also asked for some new toys for the children.
He thanked everyone for coming to the tree lighting. He said the volunteers did a great job providing cookies, and cameras to take pictures of Santa. They also had the members of the Baptist church on Shaw Road to sing Christmas carols.

Mr. Bruns asked everyone if they had a problem with having the next meeting on December 27. There were no objections.

Mr. O'Callaghan also thanked everyone for helping with the tree lighting. He said they had 140 goodie bags and all were given out.

Mr. O'Callaghan notified everyone that the Christmas decorating/lighting judging would be on December 21, 2004.
Mr. Hissong thanked Mr. Applegate for the new lights where the Christmas tree is. He said it looked wonderful.

Mr. Applegate said they had included a memorandum in the council packets about a public hearing on the cable franchise. The public is invited.

13. Mr. Beyer moved that the council meeting be adjourned. Mr. Bruns
seconded the motion. All concurred and the December 13, 2004 City of Union council meeting was adjourned.

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

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December 27, 2004

The December 27, 2004 City of Union council meeting was called to order by Mayor Packard on Monday evening, at 7:30 p.m. Attendance was taken and the following council members were present: Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mr. Bruns, and Mr. Beyer. Other staff members present were Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Bud Bergman, Fire Chief, and John Parrish, Fire Captain.

Mrs. Goudy and Mrs. Terry had not contacted the Mayor or the city office and they were not 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 December 13, 2004 council meeting. There were no corrections so Mr. Bruns moved to accept the minutes. Mr. Beyer 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.
He had a request from Alan Stastny, of 6010 North Montgomery County Line Road. Mr. Stastny said he had received a packet of information about an annexation. He asked why this all had to happen on Friday. He said he now had Clayton and Union on two sides, and Union Township on the other side. He said they were not notified ahead of time about the annexations.

Mrs. Winemiller asked Mr. Stastny if it was the seven acre annexation that they were discussing. Mrs. Winemiller said the Waterwheel Farm on the east side of State Route 48 had been annexed already to the City of Union. That was filed under older annexation laws. The current annexation law requires the city to notify all of the adjoining property owners. Mrs. Winemiller said she had been notified that the attorney that is handling the seven acre annexation had notified the surrounding property owners as part of the new annexation requirements. The Waterwheel Farm, which was filed earlier, under the old regulations, had been tied up in court and was now accepted by the City of Union but the city was not required to notify property owners under the old regulations.

The seven acre annexation includes the VFW, properties owned by Mr. Tripp and Mrs. Kendall, and an area referred to as the raceway. Mr. Stastny said that they did not object to the annexation and but he was not asked to be a part of it. Mrs. Winemiller said these property owners came to the city and asked to be annexed.

In response to a question, the Waterwheel Farm annexation was accepted by the city in September, 2004 and was in the court system for two years. Mr. Bruns said since Mr. Stastny had said he didn't want to be annexed and that the city would only take annexations that consisted of one hundred percent participation, they had not contacted Mr. Stastny, but that he was welcome to ask to come into the city if he was interested. Mr. Stastny said that he did not want to deal with the e-check for his car. Mrs. Winemiller said he would remain a Miami County resident so he would not have to participate in the e-check. Mrs. Winemiller said the school district would also stay the same.

3. THIRD READING - ORDINANCE 1334 - 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 said that Ordinance 1334 was scheduled for a third reading. He said that two of the council members and the city manager was absent from the council meeting. Mr. Bruns said he would like to wait until the next council meeting, January 10, before they discuss Ordinance 1334 again, when the city manager and more council members would be present. Mr. Beyer said he would not be able to attend that meeting but he had no objections to tabling the ordinance.

Mayor Packard said that he had not been contacted by either Mrs. Terry or Mrs. Goudy that they were not able to attend the meeting and he wanted that on the record.

Mr. Bruns moved to table Ordinance 1334 until the next council meeting on January 10, 2005. Mr. O'Callaghan seconded the motion. Mayor Packard voted against the motion, and Mr. Hissong, Mr. O'Callaghan, Mr. Bruns, and Mr. Beyer voted for the motion and Ordinance 1334 was tabled.

4. ONE READING - ORDINANCE 1347 - AN ORDINANCE ACCEPTING THE ANNEXATION OF
81.213 + ACRES, MORE OR LESS, IN BUTLER TOWNSHIP, MONTGOMERY COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mrs. Winemiller said this was an annexation that the city filed in September, 2004. The city passed a statement of services ordinance and the Montgomery County Commissioners approved the annexation in October. The ordinance was held as required by law for sixty days. The staff requests that this be approved as an emergency so the residents can become part of the city as soon as possible.

Mr. Bruns moved to declare ordinance 1347 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 1347. Mr. Beyer seconded the motion. All concurred and Ordinance 1347 was passed.

5. ONE READING - ORDINANCE 1348 - AN ORDINANCE AUTHORIZING THE COUNCIL OF
THE CITY OF UNION TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A USED EMERGENCY MEDICAL VEHICLE AND DECLARING AN EMERGENCY.

Mrs. Winemiller said this was dealing with the purchase of a demo ambulance. It is a 2004 Horton ambulance with 16,000 demonstration miles. The ambulance would have a full conversion warranty and the remainder of the chassis warranty. The cost is 149,000 dollars. The city does have the money in the budget for 2005 and Mr. Applegate thought that this would be a good purchase for the city. Mrs. Winemiller said that both Chief Bergman and Captain Parrish were present at the meeting. The ambulance would be delivered during the first of the year. It is a medium size ambulance. Mr. Hissong said it was very impressive and that the citizens would be very happy with the ambulance. Chief Bergman said it would be over 175,000 dollars if purchased new. As a demo, it had a little more equipment on it. Mr. Beyer said he liked that it would be a quick delivery.

Mrs. Winemiller said that they would like to purchase this ambulance on a lease purchase plan. They would put approximately $30,000.00 down and finance it for five years. Chief Bergman said that the ambulance should last roughly fifteen years.

Mr. Beyer moved to declare ordinance 1348 and emergency for the reasons set forth in the ordinance. Mr. Bruns 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 1348. Mr. Bruns seconded the motion. All concurred and Ordinance 1348 was adopted.

6. ONE READING - RESOLUTION 04-24 - A RESOLUTION AUTHORIZING AND ENTERING
INTO A MASTER LEASE-PURCHASE AGREEMENT FOR THE LEASE PURCHASE OF A USED EMERGENCY MEDICAL VEHICLE.

Mr. Beyer moved to have the one and only reading and adopt resolution 04-24. Mr. O'Callaghan seconded the motion. All concurred and Resolution 04-24 was adopted.

7. Open Agenda

Mayor Packard commented on the extensive snow fall and that it was difficult to find a place to put the snow, especially in the cul-de-sacs. Mayor Packard thanked the city employees for all their hard work.
There were a few water main breaks over the holidays caused from the colder temperatures.

Mr. O'Callaghan said they chose twenty people for the Christmas lighting decorations. They would be sending everyone a letter and at the next meeting, they would announce the winner of the properties that were beautifully decorated for the holidays. Mr. O'Callaghan wished everyone a happy new year and said he felt that they had accomplished a lot in 2004.

Mrs. Hissong thanked Mrs. Winemiller and her staff and also the city crews for doing the snow plowing.

Mr. Bruns said that the plowed streets took a lot of effort, sleepless nights, and people working many hours.

Mrs. Winemiller said that the city through donations, helped out three families this year and had a good time picking out toys and delivering food.

She added that she did not have the final figures for time spent on snow removal. They had 371 man hours from Wednesday to late Friday afternoon. The transmission in the 1979 dump truck went out so they would have to decide on what action would be taken. Mrs. Winemiller added she enjoyed working with everyone throughout the year and hoped that 2005 would be very successful for the city.

8. Mr. Beyer moved that the December 27, 2004 council meeting be adjourned. Mr. O'Callaghan 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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