Union City Council Meeting Minutes
Fourth Quarter 2005
 
 
October 11, 2005, Meeting Minutes
October 24, 2005, Meeting Minutes
November 14, 2005, Meeting Minutes
November 28, 2005, Meeting Minutes
December 12, 2005, Meeting Minutes
December 27, 2005, Meeting Minutes

 

October 11, 2005

Mayor Packard called the City of Union council meeting to order at 7:30 p.m. on Tuesday, October 11, 2005.

Attendance was taken and the following council members were attending the meeting: 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 Joe Moore, Law Director.

Mayor Packard welcomed three students attending the meeting for their history class.

Mayor Packard moved to amend the agenda to waive three readings on Ordinance 1369. Mr. Beyer seconded the motion. All concurred and the agenda was amended.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections of the council minutes from the September 26, 2005 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be approved. Mr. Beyer seconded the motion. Mrs. Goudy abstained, and the other council members voted to accept the minutes. The minutes from the September 26, 2005 council meeting were accepted as prepared.

2. Mayor Packard said three people in the audience had indicated that they wanted to address the council. He recognized Jack Anderson.

Mr. Anderson asked why they would have zoning inspector Glen Green do pre-sale inspections for $50.00 on homes when the city was paying him to be the zoning inspector. Mr. Applegate said if the house was inspected prior to the sale, the city would know that the property was in compliance with the city building and zoning codes. The $50.00 fee would be covering the administrative costs.
Mr. Anderson said he felt that would be between the buyer and the seller. Mr. Beyer said a buyer could purchase a home and not realize he is liable for problems with the property. Mr. Beyer also commented that the city had not passed the ordinance concerning this.
Mr. Applegate said other cities are adopting this kind of legislation, such as Englewood and Huber Heights. It insures that the house that is sold is in good shape.
Mayor Packard said Mr. Green was doing his job and working with people on resolving zoning violations but he was not studying every house and going through their yard, checking storage sheds or structures within easements, etc.
Mr. Bruns said that the details of what they were discussing could be changed since the city has not passed an ordinance or regulations yet.

Andrew C. Fowler, from 101 Burgundy Drive also commented against the extra $50.00 fee for pre-sale inspections. There was further discussion that violations against a property could be transferred to a new owner if the buyer acknowledged such at the closing. Mr. Beyer added that in addition to being the zoning inspector, Mr. Green was also the city's building inspector.

Mr. Fowler asked if the agendas, public hearings, and legal notices could be placed on the City of Union's web site.
The agenda's are posted in five locations throughout town and the other items mentioned are published in the local newspaper. Mr. Applegate indicated they could post public hearing notices at the city's web site.

Mr. Stamper from Martindale Road suggested that the city contact Representatives of the State Legislature about adding regulations banning the use of cell phones when driving vehicles.

3. ONE READING - ORDINANCE 1369 - AN ORDINANCE AUTHORIZING THE COUNCIL OF THE CITY OF UNION TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A TEREX UTILITIES HI-RANGER XT-60/70 AERIAL BUCKET TRUCK UNDER THE TERMS OF THE GSA CONTRACT PRICE (#GS-30F-003P). (waive three readings)

This Ordinance was tabled from the last meeting. The company has reduced the height of the vehicle so the city is going forward with the purchase.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1369. 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 1369. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1369 was adopted.

4. ONE READING - RESOLUTION 05-06 - A RESOLUTION AUTHORIZING ENTERING
INTO A MASTER LEASE-PURCHASE AGREEMENT FOR THE LEASE PURCHASE OF A UTILITY VEHICLE.

Mr. Applegate said that this lease-purchase would be with Fifth Third Bank because they had the lowest interest rate for a five year term.

Mr. Beyer moved to have the one and only reading and adopt Resolution 05-06. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 05-06 was adopted.

5. Open Agenda

Mayor Packard spoke favorably about the opening of Westrock Road into Irongate Estates which would allow an additional access for emergency vehicles.

He also asked about the progress of some of the city's developments. Mr. Applegate said Section II of Union Springs was set for the October planning commission meeting.

Mr. Beyer commented on a letter from Dayton Power and Light concerning billing for street lights that are owned by the city and lights not owned by the city. Mr. Applegate said the city does own all of the lights but sometimes poles are shared. The letter from DP & L was a form letter sent to other cities so the information was not specific for the City of Union.

Mr. O'Callaghan asked about when road work would be done on State Route 48. Mr. Applegate said that was through the state and it was scheduled to be done in 2008.

Mr. O'Callaghan inquired about the status of Union One Stop on South Main Street. Mr. Applegate said nothing could be done until the bankruptcy was resolved.

Mr. Hissong asked if the north sewer line was completed. Mr. Applegate said it was ready for people to hook up their sewer lines.

Mrs. Terry asked if Mr. Applegate had checked to see when her street, Merrymaid Drive, was due for a Slurry Seal application. Mr. Applegate said the street had been resurfaced five years ago so the street was not due for two years.

Mrs. Terry commented she was having some trouble with mail delivery and that there had been several different postmen servicing her area.

Mr. Bruns said in a newspaper posting about what cities were closed for Columbus Day, the "City of Union" was still being referred to as "Village of Union". Mr. Applegate said the city has tried repeatedly to get that corrected since 1982.

Mayor Packard reminded the council that on October 15, the Union Police were having "Community Awareness Day" where they would be advising residents about safety issues. The event will be held at the State Farm office. He said that Glen Cove was also participating and the Pork Chop Charlie was selling sandwiches. All proceeds would go to the Union Police Department to pay for cameras.

Mayor Packard suggested everyone should comply with the city ordinance concerning having house numbers posted and they should be at least 3" in size to help emergency vehicles.

Mr. Applegate said the bid price had come in for salt for the roads. Last year the price was $36.00 per ton and this year, the price increased to $51.00 per ton. Mr. Applegate said the increase was due to hurricanes Katrina and Rita and also because of increased dealer transportation costs. The price of sand has remained the same. Mr. Applegate said last year the city had used 200 tons of salt. The city has ordered 250 tons for this winter.

Mr. Moore said he wanted to comment on the pre-sale inspection issue that had been brought up. He said that cities can pass ordinances allowing for repairs to be done to the house when it was sold. He said that way they could keep the housing in the city in good shape. A case from 1989 had gone to the Supreme Court and so this practice was a well tested ordinance. Mr. Moore said the city would be able to establish an ordinance for pre-sale inspections.

6. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the October 11, 2005 City of Union council meeting was adjourned.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

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October 24, 2005

The City of Union council meeting was called to order by Mayor Packard on October 24, 2005, at 7:30 p.m., Monday evening.

Attendance was taken and the following council members were attending: 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 Joe Moore, Law Director.

Mayor Packard welcomed everyone to the meeting and then called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections on the minutes of the October 11, 2005 meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the council minutes were accepted as prepared.

2. Mayor Packard indicated that there was no one from the audience that had any questions or comments to bring before the council.

3. ONE READING - RESOLUTION 05-07 - A RESOLUTION AUTHORIZINGTHE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH THE WATER CONSERVATION SUBDISTRICT OF THE MIAMI CONSERVANCY DISTRICT.

Mr. Applegate said this was a pilot program that entities such as Dayton, Englewood, Tri- cities, and Butler County has developed along with the Miami Conservancy District. It is a pilot program that deals with future requirements of discharging phosphorous and total nitrogen into the Stillwater River based on TMDL. The City of Union is looking at a two million dollar expense to meet the proposed discharge parameters and the expansion of the wastewater treatment plant.
Mr. Applegate said they have been working with Dusty Hall and Sara Hippenstadt on developing this pilot program with the intent of reducing the amount of money that will need to be spent to meet these new requirements.
Mr. Applegate asked for the council's approval of this agreement. He said that it was not the cities that were causing the problem with the river upstream but private agricultural operations. The ten year pilot program has the EPA's blessing.
Mr. Applegate said they will develop various programs, like planting prairie grass in the well field that the city did a few years ago. Any improvements made in the river upstream will be calculated to determine the pounds of nutrients reduced and the City of Union will be able to apply that figure against their permit requirement, hopefully reducing the amount of funds spent.
Mr. Applegate said that Englewood would have this on their agenda for the next day, and Tri-city had already approved it.
Mr. Applegate asked for the council's approval so they can get the program started and see how it works.

Mayor Packard moved to have the one and only reading and adopt Resolution 05-07. Mr. Beyer seconded the motion. All concurred and Resolution 05-07 was adopted on the first reading.

4. Open Agenda

Mayor Packard reminded everyone to watch out for the children trick or treating on Monday, October 31. Mayor Packard expressed his concerns about street lights and that Dayton Power and Light was not making repairs on the lights. Mr. Applegate reminded everyone to call the city office and the outages will be reported.

Mr. O'Callaghan reminded everyone that November 8th was election day and he asked for everyone to go out to vote.

Mr. Applegate said that the council would need to set a date for a public hearing.

Mr. Beyer moved to have a public hearing for a zoning change on November 28, 2005 for 109 North Main Street. The proposed change is from Commercial-2 (C-2) to Commercial-1 (C-1). His motion was seconded by Mayor Packard. All concurred and the date for the public hearing was set for November 28, 2005.

Mr. Applegate referred to a memo concerning the council dates that was in their packets.

Mayor Packard moved that the proposed meeting date changes for council meeting be accepted. Mr. Beyer seconded the motion. All concurred and the motion was passed. The council dates were set for 2006. The changes would be moving the Monday, October 9 meeting to Tuesday, October 10, and the December 25 meeting to Tuesday, December 26. The second meeting in July and August would be cancelled.

5. 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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November 14, 2005

The City of Union council meeting was called to order by Mayor Packard on November 14, 2005, 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 Joe Moore, Law Director.

Mayor Packard said a few changes needed to be made on the agenda. On item number, 4 the wording "declaring an emergency" needed to be removed and an additional item needed to be added to the council agenda so Mayor Packard moved that the council agenda be amended. Mr. Bruns seconded the motion. All concurred and the council agenda was amended.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the minutes from the October 24, 2005 City of Union council meeting. There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the minutes were accepted.

2. In the citizens and visitors comment section of the meeting, Judy Collins on West Martindale Road indicated that she had a comment. She spoke concerning Aullwood Farm and gave a brief history of John and Marie Aull.
Mrs. Vukovic from 619 Franklin Avenue, said that from information on the Internet, two people had told her that there was a sex offender living on Shaw Road. She asked how far away from the location of the sex offender did the notice go out that there was a sex offender in the neighborhood and also how close were the sex offenders allowed to live near a school. Mr. Moore said he could find out. Mayor Packard offered to get that information for her.
Mayor Packard recognized David Stamper from West Martindale Road. He wanted to talk about Mrs. Terry's attack on Mr. Beyer during the recent campaign.
He also wanted clarification on her absences from the council meeting. There was a brief exchange between Mrs. Terry and Mr. Stamper. Mayor Packard asked Mr. Stamper to finish his comments and reminded him he had five minutes to address the council.
Mr. Stamper continued to talk about Mrs. Terry's reasons for her absence from the council meetings and her absence during meetings where there were public hearings on annexation, etc. He read other statements from Mrs. Terry's campaign literature and disputed some of her comments. He also referred to comments and specifics from Mr. Beyer's campaign literature.
Mr. Stamper also challenged her remarks from an earlier meeting concerning a newspaper article saying she was misquoted.
Mayor Packard said he had no comment on what was said and offered to let Mrs. Terry respond and she said she thought it could be taken care of at another time.

3. ONE READING - RESOLUTION 05-08 - 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 explained that this was an annual resolution done every year and is for an agreement with the Montgomery County Defender's Office to provide legal services to indigent persons.

Mr. Bruns moved that Resolution 05-08 be adopted. Mr. Beyer seconded the motion. All concurred and Resolution 05-08 was adopted.

4. ONE READING - RESOLUTION 05-09 - A RESOLUTION ENACTED BY THE CITY OF
UNION, MONTGOMERY COUNTY, OHIO, HEREINAFTER REFERRED TO AS THE LOCAL PUBLIC AGENCY (LPA), IN THE MATTER OF THE STATED DESCRIBED PROJECT.

Mr. Applegate said this was the first step of legislative action that needed to be taken by the council regarding a resurfacing project for State Route 48 from just north of the intersection of Phillipsburg-Union Road and
going all the way to Montgomery-Miami County line. The project is estimated to be done in 2008 and is valued in the amount of 125,000 dollars with eighty percent state funding and twenty percent local. The city's share will come out of the permissive tax fees. Mr. Applegate said it is the staff's recommendation that they go forward with this project.

Mr. Bruns moved that Resolution 05-09 be passed. Mr. Beyer seconded the motion. All concurred and Resolution 05-09 was adopted.

5. ONE READING - RESOLUTION 05-10 - A RESOLUTION CHANGING THE NAME OF
CONCORD MEADOWS DRIVE LOCATED IN CONCORD MEADOWS DEVELOPMENT, SECTION 6, TO RIESLING DRIVE.

Mr. Bruns asked if the rules of council required that agenda and legislation needed to be prepared by Friday. He said even though they approved the agenda and added the item, he asked if that was allowed by the rules of council. Mr. Moore said it was permitted to add legislation on the night of the council meeting.

Mr. Applegate said that they were contacted by the Montgomery County Engineer's office on today's date, November 14, concerning the recording of Section 6 in Concord Meadows. A small section of a street was recorded in Section 6. The Fire Chief suggested a change in the name of Concord Meadows Drive because of the similarity of Concord Farm Road. The Planning Commission agreed to Riesling Drive and since the county knew that the Union city council was meeting that night, they requested that they pass this resolution tonight.
Mr. Applegate said it was staff's recommendation that this resolution be passed. In response to Mr. O'Callaghan's question, Mr. Applegate added that there are no houses on this new street yet.
Mr. Bruns moved that Resolution 05-10 be passed. Mayor Packard seconded the motion. All concurred and Resolution05-10 was passed on the first reading.

6. Open Agenda

Mayor Packard said that now that the elections was over, he hoped that everything could get back in order and said he was glad that Union had a council that worked together.
Mr. Beyer thanked Mr. Stamper for the comments that he made about his attendance at the council meetings.
Mr. Beyer asked about a note he had received about re-surfacing Marrett Farm. Mr. Applegate said it was a resurfacing treatment called "Reclamite" and the city had very good luck with it. "Reclamite" was a requirement on all new streets as part of the construction specifications. It seals the asphalt surface and extends the life of the pavement and saves the city money.

Mrs. Goudy asked if the city would be helping out families this year again and asked if they could contact some of the area businesses, like Te-Co for donations.
Mrs. Winemiller said they had worked with the school the last few years but it was such a struggle to find people that need help, that they decided to donate to the Northmont FISH organization. Last year, Mr. Dillon, the developer of Stonebridge had donated $500.00 and they had shopped for the families. Mrs. Winemiller said if someone knew of a family that genuinely needed assistance, they could provide the name to city hall.

Mr. O'Callaghan said he noticed that the city crews were hanging up Christmas lights and that it would be beautiful, as it was every year. He also reminded the council and public that the tree lighting ceremony would be on November 27, 2005, at 6:00 p.m. He invited everyone to attend.

Mrs. Terry thanked Mr. Stamper for his comments.

Mr. Applegate said that at the last council meeting, the council had established a date for a public hearing. Mr. Applegate referred to a memorandum included in the council packets and said that due to earlier deadline requirements by the newspaper and to satisfy the Ohio Revised Code requirements, the public hearing date needed to be rescheduled to December 12 and Mr. Applegate respectfully requested a new motion.
Mr. Beyer moved to change the date of the public hearing for re-zoning for the property on Main Street be rescheduled to December 12, 2005. Mr. O'Callaghan seconded the motion. All concurred and the public hearing date was changed.

Mr. Applegate also discussed a memo on the water quality trading program that the council has passed at the last meeting.

Mr. Applegate said it was not official but that the City of Union is one of several cities that would be receiving Issue II funding from the state. They would be using the money for the replacement of the Rinehart Road Sanitary Sewer lift station in 2006 with a gravity sewer. That will be scheduled for next year.
Mr. Applegate said the city was fifth to receive money out of thirty communities for Issue II. They have received 4.7 million dollars so far so Union has done quite well.

Also included in the council packets is the annual survey done by Fairborn and the City of Union is the cheapest community again for the third year in the row, as far as operating costs. Mr. Beyer suggested they present a copy of the survey to Mr. Nunnari of the Englewood Independent.

Mr. Moore said that the first piece of legislation that the council passed during the meeting deals with the public defender's office. This represents a Supreme Court case that is over 31 years old that an attorney would need to be appointed to defend a person if they were charged with a jailable offence.

7. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the council meeting was adjourned.
The November 28, 2005 City of Union council meeting was called to order by Mayor Packard at 7:30 p.m. Monday evening.

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, Janet Hamilton, sitting in for Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

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November 28, 2005

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 14, 2005 meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard said there were two citizens that wanted to address the council. Mrs. Collins from West Martindale Road asked that the council consider planning a celebration for Union's 200th anniversary, which would be in 2016.

Dave Stamper from West Martindale said he wanted to ask council a question about his comments from the last meeting. He said, "Do you feel like I 'trashed' the council?" Several council members responded that they did not. He also said that at the last meeting, Mrs. Terry said he had "trashed" the police department and he wanted to know when that was and asked to have the recorded minutes checked concerning his comments.

3. Open Agenda

Mayor Packard said that the tree lighting was very successful and that there was a large crowd.
He also commented that Westrock Farm Road had been extended into Irongate Estates although it was not paved yet. He said that would be a real time saver and there were thirty-one more lots ready to be sold in Irongate.

Mrs. Goudy said that the city with the Christmas lights along Main Street and the Christmas tree was beautiful.

Mr. O'Callaghan said that there were at least one hundred fifty children at the tree lighting because that is how many Christmas bags were given out. He said there were probably twice that many adults. He thanked the National LaSertoma Club, who donated the cookies, Mr. Applegate, and John Parrish and the other members of the fire department for their assistance. Mayor Packard thanked Shirley Hissong and Jean Kyle for their help.

Mr. Hissong thanked Mr. O'Callaghan and said everyone had done a tremendous job for the tree lighting ceremony.
Mr. Hissong also commented that the city crews were doing a great job with the leaf pick up and that the city was looking very good.
Mr. Hissong said in Mrs. Terry's campaign literature, she said she supported the fire department. Mr. Hissong commented that she had fought against the formation of Union's fire department. He thanked Mr. Stamper for getting the fire levy passed. Mrs. Terry said she had worked with Mr. Stamper to get the fire levy passed.

Mayor Packard suggested they look towards the future and concentrate their efforts on working to improve Union. He said the city had their own police and fire department now.

Mr. Bruns said he had a suggestion about absences for the council to consider. He said it would not require any action that night and that he was not proposing a change of the Rules of Council. Mr. Bruns said since there had been some contention concerning absences, he suggested they consider not excusing any absences. He said the council could follow the existing policy of calling into the Clerk of Council and explaining their reason why they could not attend the meeting. The reason for their absence would then be read into the minutes. No council member would have an excused absence. In the event that a council member would be absent three times, the council would follow the charter requirement and send a letter and then determine if the absences were reasonable. Mr. Bruns asked Joe Moore to check into that. He said it would give the council an even hand and everyone would be treated equally.
Mr. Applegate distributed information from Police Chief Mike Blackwell on the Montgomery County Sheriff's policy on notifying area homeowners of sex offenders in their neighborhood. This was in response to a question from Mrs. Vukovic from 619 Franklin who attended the last meeting.

Mr. Applegate said they had started burying the overhead power lines to wells two and three since they have received the mitigation funds from FEMA. The city workers will pull the wires. Changing the iron removal piping from four inch to a six inch will allow the city to go from pumping 400 to 600 gallons per minute. Once they determine that the iron removal system tank can handle the greater flow they will come back to the council for funds to expand the treatment facility and put up a building for a standby generator that was donated to the city. Once that happens, Union will be able to run all four wells on standby power. Mr. Applegate added that the expansion and all of these improvements would require a rate increase.

Mr. Applegate said they were still waiting for notification of the renewal of the NPDES permit. Union submitted their application in 1998 and again in 2004 with additional information. Mr. Applegate said he hoped that the trading program that they were involved in would offset some of the costs. He said they would need to expand the lab and make some improvements to the wastewater treatment plant.

The plans are completed for the expansion of the firehouse but Mr. Applegate said that some of the other projects needed to be done first.
When they start work on the firehouse, to reduce the expenses, many of the city workers will be involved. For example, the master plumber and master electrician that are city employees will be working on the project.

Mr. Applegate said they would be picking up leaves for one more week but most of the leaves had already been picked up.

Mr. Applegate said some of the trees along Main Street needed more lights so there would be some longer strands of electric lights added to approximately ten or twelve trees.
Mr. Applegate also said that he was having a new star made for the Christmas pine tree in the center of town. As the tree has continued to grow, it has outgrown the existing star so the old star will be replaced with a larger one.

Mr. Moore said in checking into the Rules of Council, the regulations say that the council may, by an affirmative vote of four of their members, excuse the absences of its members. Mr. Moore said by using the word "may", it is at the council's discretion. If the council does not take any action, people are not excused. He said it was an option - and it was a discretionary act to excuse members of council.

7. 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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December 12, 2005

The City of Union council meeting was held on December 12, 2005, on Monday evening at 7:30 p.m. Mayor Packard called the meeting to order and attendance was taken. 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 Joe Moore, Law Director.

Mayor Packard welcomed everyone to the meeting and explained that anyone that wanted to speak at the public hearing would need to complete a form.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections from the minutes from the November 28, 2005 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be approved. Mayor Packard seconded the motion. All concurred and the council minutes were accepted as prepared.

2. Mayor Packard said there was one resident that had indicated that he wanted to speak. Mayor Packard recognized Dave Stamper from West Martindale Road. Mr. Stamper questioned a comment made by Mayor Packard from the last meeting. He said Mayor Packard said he would not allow Mrs. Terry to be removed from the council. Mayor Stamper asked if Mayor Packard thought he was the sole authority to decide if a council member goes or stays. Mayor Packard said he did not have that authority.

3. Public Hearing on proposed change of zoning district from Commercial-2, (C-2) to Commercial-1 (C-1) at 107 North Main Street.

Mayor Packard asked for everyone that was interested in speaking at the public hearing to stand and be sworn in.

Mayor Packard opened the public hearing.

Mr. Applegate explained that the public hearing was for the re-zoning of a lot located at 107 North Main Street. The building lot has been vacant for a number of years. The request is to change from C-2 to C-1. All adjoining property owners have been notified and the public hearing was advertised so all requirements have been met. Mr. Applegate introduced Rob Sanders who was requesting the zoning change. He wants to use this lot for a small business. The current C-2 allows existing residential structures to house a business but it limits the type of business. The zoning classification C-1 is general commercial and allows a variety of businesses, like electrical and plumbing. Mr. Applegate said the staff has no problem with the proposed zoning change.

Mr. Sanders added they wanted to erect a small building for electrical service with a small office in the front and use the back for storage. He was planning a 36 x 36 foot building with a brick front and wanted to use the alley in back. The alley is a public right-of-way and owned by the city.

There were no more questions so Mayor Packard closed the public hearing.

4. ONE READING - ORDINANCE 1370 - AN ORDINANCE AMENDING THE OFFICIAL
ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED AND DECLARING AN EMERGENCY.

Mr. Applegate said this is the ordinance that would change the zoning code as discussed in the public hearing. There has been no opposition from the public to the proposed zoning change. There was only one inquiry to Mr. Applegate asking for an explanation of what would be discussed. Mr. Applegate said Mr. Sanders wanted to get started as soon as possible so he could open the business in the spring which is why this ordinance was being handled as an emergency.

Mr. Bruns moved that Ordinance 1370 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency ordinance 1370. Mr. O'Callaghan seconded the motion. All concurred and ordinance 1370 was adopted.

5. ONE READING - ORDINANCE 1371 - AN ORDINANCE ESTABLISHING A REVOLVING
ACCOUNT WITH STONEY CREST FARMS, LTD. FOR THE INSTALLATION OF A LIFT STATION, FORCE MAINS, GENERATOR, TRUNK SEWERS, ELECTRIC TRANSMISSION LINES AND APPURTENANCES TO SERVE STONEY CREST PHASE 1, PHASE 2, AND PHASE 3, AND ALL FUTURE PHASES THEREOF AND ADDITIONAL LAND EAST OF THE STILLWATER RIVER IN THE CITY OF UNION, OHIO. (waive three readings)

This is an ordinance concerning the land east of the Stillwater River referred to as Stoney Crest Development. It deals with establishing a revolving account. Mr. Applegate said George Oberer Jr. of Oberer Development was present. This ordinance would allow the city to collect additional tap in fees on top of what is currently charged by the city for water and sewer and forward the funds to Oberer Development to go towards what Oberer Development has paid to install the Stoney Crest lift station. Mr. Applegate said it is staff's recommendation that they approve this ordinance.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1371. 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 1371. Mr. Hissong seconded the motion. All concurred and Ordinance 1371 was adopted.

6. ONE READING - ORDINANCE 1372 - AN ORDINANCE AUTHORIZING THE COUNCIL OF
THE CITY OF UNION TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A USED 1999 FORD/LOUISVILLE SINGLE AXLE DUMP TRUCK FROM MIDWEST TRUCK AND EQUIPMENT, WITHOUT BIDDING AND ADVERTISING AND DECLARING IT AN EMERGENCY.

Mr. Applegate said this ordinance would allow them to purchase a dump truck. The city had three salt trucks for years. Then the 1979 truck became inoperable so the city has only been using two trucks. Mr. Applegate said occasionally one of the remaining two trucks needs repaired or breaks down and then the city only has the one salt truck working. They had located this truck from Midwest Truck and Equipment. The vehicle has been examined by city mechanics and driven around. The vehicle has 29,000
miles on it and is in excellent condition. Mr. Applegate said once they obtain the truck, they will get it outfitted with a plow and salt spreader. The city is looking for a fourth truck and has one located in Michigan but they have not purchased it yet. Mr. Applegate said this third truck is needed by the city.

Mr. Beyer moved that Ordinance 1372 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Beyer moved to have the one and only reading and adopt emergency ordinance 1372. Mr. O'Callaghan seconded the motion. All concurred and emergency ordinance 1372 was adopted.

7. ONE READING - RESOLUTION 05-11 - A RESOLUTION DECLARING THE
NECESSITY OF A RENEWAL STREET LEVY IN EXCESS OF THE TEN-MILL LIMITATION AND REQUESTING THE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY OF UNION AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY A SPECIFIED NUMBER OF MILLS.

Mr. Applegate said it is a requirement of the Ohio Revised Code to have this resolution adopted so the county auditor can certify the amount of money that will be collected from the street levy which expires this year. The levy would need to be on the ballot by May. This is a renewal so there is no increase. The passage of Resolution 05-11 is the first step in getting this on the ballot.

Mr. Beyer moved that they have the one and only reading and adopt Resolution 05-11. Mr. Bruns seconded the motion. All concurred and the motion was passed.

8. Open Agenda

Mayor Packard thanked Mr. Stamper for his comments and wished everyone a merry Christmas.

Mr. Beyer said it was unfortunate that there were no reporters present from area newspapers because he wanted to wish the entire city a merry Christmas and a blessed Hanukkah season.

Mrs. Goudy passed on her best wishes for a merry Christmas to all the citizens and said the new Christmas star on the city Christmas tree was a nice improvement.

Mr. O'Callaghan wished everyone a merry Christmas and said that he and Mrs. Bruns would be driving around the city on Wednesday, December 14, looking for exceptional holiday lighting on the homes in Union.

Mr. Hissong, Mrs. Terry, and Mr. Bruns wished everyone a merry Christmas also.

Mr. Applegate said that he had placed a notice in the council packets that the city had received confirmation from Public Works on the Issue II project to replace the lift station on Rinehart Road. They are working on the necessary paperwork and will be starting after July 1, 2006. Mr. Applegate said he would be coming back to council to request a rate increase in water and sewer.

Mr. Applegate said they would need to have a majority of council members at the next meeting on December 27 to do several housekeeping ordinances for budget and payroll.

Mr. Applegate, Mrs. Winemiller and Mr. Moore wished everyone a merry Christmas.

9. Mr. O'Callaghan moved that the council meeting be adjourned. Mr. Beyer 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 27, 2005

The City of Union council meeting was called to order on Tuesday, December 27, 2005 at 7:30 p.m. by Mayor Packard.

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

Mayor Packard welcomed everyone to the last council meeting for the year and called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections of the

minutes from the December 12, 2005 meeting. There were no corrections on the minutes but Mr. Bruns mentioned that the title on the resolution 05-11 for the street levy on the last agenda had said "replacement" levy instead of "renewal" and he wanted that noted. The title on the actual resolution was correct. With that notation, Mr. Bruns moved that the council minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. All concurred and the council minutes from December 12, 2005 were approved.

2. Mayor Packard noted that there were two residents that had comments for

the council. Mayor Packard recognized Judy Collins from West Martindale Road. Mrs. Collins read a Christmas poem written by first President, George Washington.

David Stamper from West Martindale Road also wished to address the council. He said due to the many items on the agenda, he would just wish everyone a happy new year.

3. ONE READING - ORDINANCE 1373- AN ORDINANCE AMENDING THE ANNUAL

APPROPRIATION ORDINANCE FOR 2005 AND DECLARING AN EMERGENCY.

Mr. Applegate said that this is an annual housekeeping ordinance that amends the appropriation ordinance for 2005 to make the city in compliance with the auditor. It needs to take effect immediately due to the end of the year which is why it is presented as an emergency.

Mr. Bruns moved that Ordinance 1373 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency ordinance 1373. Mr. O'Callaghan seconded the motion. All concurred and ordinance 1373 was adopted.

4. ONE READING - ORDINANCE 1374- AN ANNUAL APPROPRIATION ORDINANCE FOR 2006

AND DECLARING AN EMERGENCY.

Mr. Applegate explained that this is the annual appropriation ordinance for 2006 which allows the city to spend money in 2006. This has been presented to the budget committee. Mr. Beyer said that the budget committee had met several times and the budget was tight but was doable and was approved by the committee.

Mr. Bruns moved that Ordinance 1374 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns moved to have the one and only reading and adopt emergency ordinance 1374. Mr. O'Callaghan seconded the motion. All concurred and emergency ordinance 1374 was adopted.

5. ONE READING - ORDINANCE 1375 - 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 2006 AND DECLARING AN EMERGENCY.

Mr. Applegate said with the adoption of Ordinance 1374, this next ordinance would establish the pay rates starting in January, 2006 and allow employees to be paid.

Mr. Bruns moved that Ordinance 1375 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns moved to have the one and only reading and adopt emergency ordinance 1375. Mr. Hissong seconded the motion. All concurred and ordinance 1375 was adopted.

6. ONE READING - ORDINANCE 1376 - AN ORDINANCE AUTHORIZING THE CITY

MANAGER TO ENTER INTO AN AGREEMENT WITH THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance deals with the new three year contract

for the Union Police Department. He said the staff recommends the

approval.

Mr. Bruns moved that ordinance 1376 be declared an emergency for the reasons set forth in the ordinance. Mrs. Goudy 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 1376. Mr. O'Callaghan seconded the motion. All concurred and ordinance 1376 was adopted.

7. ONE READING - ORDINANCE 1377 - AN ORDINANCE AMENDING ADMINISTRATIVE CODE

CHAPTER 153 OF THE CITY OF UNION CODE AND DECLARING AN EMERGENCY.

Mr. Applegate said with the approval of the police union contract, Ordinance 1377, which established injury leave for the first time. He said this ordinance allows up to fifteen days injury leave in addition to workman's compensation which will allow them to draw one hundred percent of their pay check in case of a work injury.

Mr. Bruns moved that ordinance 1377 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns moved to have the one and only reading and adopt emergency ordinance 1377. Mr. O'Callaghan seconded the motion. All concurred and ordinance 1377 was adopted.

8. FIRST READING - ORDINANCE 1378 - AN ORDINANCE AMENDING PART NINE, TITLE

THREE, UTILITIES CHAPTER 921, SECTION 921.33 OF THE CODIFIED ORDINANCES OF THE CITY OF UNION PERTAINING TO WATER RATES. (three readings)

Mr. Applegate said the next two ordinances were concerning water and sewer rates that amounted to roughly $4.17 additional a month or $50.00 per year to generate additional money to go towards renovation of wells, painting the water towers, expanding the lab at the wastewater treatment plant, replacement of the Rinehart Road lift station with gravity sewer, and also for a match for Issue II funds that the city will apply for in the future.

Mr. Beyer said this information was provided to the budget committee and they support the rate increase.

Mr. Bruns moved to have the first reading of ordinance 1378. Mr. Beyer seconded the motion. All concurred and ordinance 1378 was passed to the second reading.

9. FIRST READING - ORDINANCE 1379 - AN ORDINANCE AMENDING PART NINE, TITLE

THREE, UTILITIES CHAPTER 931, SECTION 931.01 OF THE CODIFIED ORDINANCES OF THE CITY OF UNION PERTAINING TO SEWER CHARGES. (three readings)

Mr. Applegate said his comments made before ordinance 1378 also applied to this ordinance.

Mr. Beyer moved to have the first reading of ordinance 1379. Mr. O'Callaghan seconded the motion. All concurred and ordinance 1379 was passed to the second reading.

10. ONE READING - ORDINANCE 1380 - AN ORDINANCE PROPOSING A RENEWAL LEVY

FOR THE PURPOSE OF THE STREET LEVY FUND AND CERTIFYING THE QUESTION TO BE PLACED ON THE BALLOT TO THE MONTGOMERY COUNTY BOARD OF ELECTIONS. (waive three readings)

Mr. Applegate said this ordinance would need to be adopted by the council in one reading so it can be placed on the ballot for the May primary. If the levy is not approved by the end of the year, 2006, the city would be without money to repair streets.

Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to ordinance 1380. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Beyer moved to have the one and only reading and adopt ordinance 1380. Mr. O'Callaghan seconded the motion. All concurred and ordinance 1380 was adopted.

11. FIRST READING -ORDINANCE 1381 - AN ORDINANCE ESTABLISHING PRE-SALE

INSPECTION AND CERTIFICATE OF OCCUPANCY FOR REAL ESTATE PREMISES IN THE CITY OF UNION, OHIO. (three readings)

Mayor Packard introduced Mr. William Singer from the City of Englewood and Mr. Applegate introduced Glen Green, the City of Union's building and zoning inspector.

Mr. Applegate said several communities in Montgomery County have already adopted this kind of legislation. Oakwood has both interior and exterior pre-sale inspections, and Huber Heights and Englewood have adopted the

pre-sale exterior inspections. Mr. Applegate said he felt it was time to

move forward with this kind of legislation.

Any property owner selling their home within Union would have to fill out an application and pay for inspection of the exterior premises. Union would then inspect the property within fourteen days and make any comments on deficiencies or violations of city codes. This legislation also allows the transfer of these deficiencies so it would become the new owner's responsibility. There would be documentation signed by both parties and held by the City of Union.

Mr. Applegate said he felt this was needed and would increase the value of the individual properties and reduce zoning violations. In 2005, there were 129 homes sold within the City of Union. The number of four hundred that Mr. Applegate used at the last meeting had also included rental properties, brand new homes, and was the number of finals, where people moved out of various properties. At the time of the meeting, Mr. Applegate did not have the actual breakdown of numbers.

Mr. Singer said he had put some notes together and had an overview. This year so far, they had two hundred twenty-three inspections and will probably have up to 250. He said their inspector had a check list, takes pictures, and uses those documents for the inspections or transfer of responsibility. He said they have a file for every property in the city.

Mr. Bruns asked if there was anything in the program that wasn't working and needed to be changed. Mr. Singer did not suggest any changes. He said it was a great way to be non-confrontation and there was not a lot of

opposition from their citizens. He thought there should not be much

confrontation from real estate agents and that some of them like it because they have information coming from the city.

Mr. Singer said that with the pre-sale inspections, the house stock is definitely maintained and improved. Substandard properties are not resold. Some of the non-apparent violations are caught, like items piled behind a shed, decks built with no permits, etc.

The new resident moves into a home that the seller has had to fix up because of the city's requirement. New homeowners don't immediately receive a violation from the city because the city has already inspected the home. Mr. Singer said that most of Englewood's house inspections do not have deficiencies or violations.

In response to another question, Mr. Singer said there was no waiver but there was a transfer of responsibility and the buyer would be aware of any problems. In response to a question from Mayor Packard, Mr. Singer said it would not affect rental property when the renters are moving in and out. Mr. Singer said that would still go back to the property owner.

The pre-sale inspection will have the original home owner that is responsible for the property correct the violation and then the new owner will not purchase a house with a problem he was unaware of.

Mr. Applegate said ownership of a house will not be transferred by the county unless a certificate is issued by the City of Union.

Mr. Singer said that Englewood has not had to take any legal action against any residents to have problems corrected.

Mr. Beyer felt the $50.00 cost for the inspection was reasonable.

Mr. Singer said that Englewood only had one inspector that does the work. He said the check list helps the inspector do his job.

Mr. Applegate said that the City of Union had three people that would be able to do these inspections if required.

Mr. Marsh asked what the average time was to inspect the house. Mr. Singer said with taking pictures, it was frequently less than fifteen minutes.

Mr. Moore said this kind of ordinance in Ohio had already gone all the way through the Supreme Court of Ohio and it was upheld as a legitimate function of city government for the benefit of the community and their residents. There is no liability for the city if something was missed because the inspections are done solely for the benefit of the city. It is a helpful tool for communities.

Mr. Moore said in his involvement with real estate agents, he thought they would not object to it because it was another layer of protection for the potential buyer. Buyers could still have their own home inspections of the interior, exterior, etc.

Mayor Packard asked if there were questions from the audience and a resident asked about selling a house next to a dilapidated house. Mr. Beyer said that they should report the problem to city hall and the city would cite the property for violations. In a further discussion with the resident, the city had responded and cited the property owner and the area had been cleaned up. Mr. Applegate said they could check the property again in case there were new violations.

Mr. Bruns moved to have the first reading of Ordiannce1801. Mr. Beyer seconded the motion. Mrs. Terry voted against the motion, and the other council members voted for the motion. The ordinance was passed to the second reading.

12. Swearing in of Mike Blackwell as Fire Chief.

Mayor Packard called Chief Mike Blackwell to step forward and he was sworn in as Fire Chief for the City of Union.

13. Swearing in of three re-elected council members, Lawrence Beyer,

Patricia Goudy, and Betty Terry.

Mr. Moore conducted the swearing in for the three council members that were reelected in November, 2005.

14. Open Agenda

The council members wished everyone a safe new year's holiday.

Mr. O'Callaghan congratulated the council members on being re-elected.

He also added that as a member of the park board, they had chosen eleven properties that had outstanding lighting and decorations for the holidays and were being awarded certificates of appreciation from the City of Union Park Board.

Mr. Applegate said that Police Chief Mike Blackwell was sworn in as Fire Chief. He is both a police chief and a fire chief. He will have a new title of Director of Public Safety. Mr. Applegate congratulated Chief Blackwell. He said the city has kept their commitment in the operation of the fire department that they made in 1998 and they will continue to provide excellent service as they have in the past.

Mr. Applegate asked if the council would like Mr. Singer to come back to the next meeting. The council felt he did not need to attend the next meeting and if there were questions from residents, they could invite him to come back for the third reading of the ordinance.

Mr. Applegate wished everyone a happy new year.

Mr. Moore, referring back to the pre-sale ordinance said the inspector had no liability to the buyer or seller.

He also wished everyone a happy new year.

15. Mr. Beyer moved that the 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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