January 14, 2008


The City of Union council meeting was called to order on January 14, 2008 on Monday at 7:30 p.m. 


          Attendance was taken and the following council members were present:  Mr. Bruns, Mrs. Terry, Mayor Goudy, Mr. O’Callaghan, and Mrs. Perkins.  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.


          After the pledge of allegiance, Mayor Goudy asked for a moment of silence.


          Mayor Goudy verified with Mrs. Winemiller that Mrs. Kyle had called in reporting a back injury and that she was unable to attend the meeting.  Mayor Goudy asked for a motion for her absence to be excused.  Mr. Bruns moved that Mrs. Kyle’s absence be excused.  Mr. O’Callaghan seconded the motion.  All concurred and her absence was excused.


          1.       Mayor Goudy asked if there were any additions or corrections of the council minutes from the December 10, 2007 council meeting.  There were no corrections so Mayor Goudy moved that the council minutes be accepted as prepared.  Mr. O’Callaghan seconded the motion.  All concurred and the council minutes were accepted.


2.       Mayor Goudy said that the council is required by the charter and rules of council to re-organize various positions and every two years after a municipal election.


Mayor Goudy moved that Michael O’Callaghan be appointed as Vice Mayor of the City of Union.  Mr. Bruns seconded the motion.  All concurred and the motion was passed.  Mr. O’Callaghan will continue to be Vice Mayor.


3.       Mayor Goudy moved that Denise Winemiller be appointed as Clerk of Council.  Mrs. Perkins seconded the motion.  All concurred and Mrs. Winemiller was reappointed to the position of Clerk of Council.


4.       Mayor Goudy moved to appoint council members Betty Terry and Jean Kyle to the street committee.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.


5.       Mayor Goudy moved to appoint Michael O’Callaghan to the safety committee.  Mr. Bruns seconded the motion.   Mr. O’Callaghan abstained and the other council members voted for the motion.  The motion was passed.

          Mayor Goudy said when they filled the vacant council position she would like that person to serve on the safety committee also.


6.       Mayor Goudy moved to appoint council members Mr. Bruns and Mrs. Perkins to the budget committee.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.


7.       Mayor Goudy moved to nominate Mr. Bruns to serve as the council’s representative to the Planning Commission.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.


8.       Mayor Goudy moved to nominate Lynne Thomas-Roth for reappointment to the Planning Commission for the term of January 2008 through December 2011.  Mr. Bruns seconded the motion.  All concurred and the motion was passed.


9.       Mayor Goudy moved to nominate Chuck Wehrman to be reappointed to the Park Board.  Mr. O’Callaghan seconded the motion.  All concurred and Mr. Wehrman was appointed to the park board for the term of January 2008 through December 2011. 


10.     Mayor Goudy said in the past the mayor has been appointed as the representative and the city manager as the alternate to represent the city for the Miami Valley Regional Planning Commission and the Transportation Committee.

 Mr. Bruns moved to appoint Mayor Goudy as representative and Mr. Applegate as the alternate to serve on the Miami Valley Regional Planning Commission and the Transportation Committee.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.


11.  A motion was needed to declare Mayor Goudy’s council seat vacant since she had been elected to the position of Mayor of the City of Union. 

Mr. Bruns moved to declare the council seat of former council member Pat Goudy, now the elected Mayor of Union, as vacant.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.


12.     There were no comments from the citizens and visitors in the audience concerning matters not including the subject of the public hearing on rezoning.


13.     Public Hearing on rezoning of 113.213+ acres from A-R, Agricultural-Residential to L-I, Light Industrial for the area north of Old Springfield Road and from R-4, Residential-4 to L-I, Light-Industrial for the area south of Old Springfield Road.


          Mayor Goudy offered the comment forms to anyone that had not already completed one if they wanted to address the council. 


Mayor Goudy called the public hearing to order.


Mayor Goudy explained the protocol for the public hearing.  She asked Law Director Joe Moore to administer the oath.  Mr. Moore administered the oath to everyone that wanted to speak during the public hearing.


Mayor Goudy recognized Mark Weiss who acknowledged that he had been sworn in.  He said he had just moved into the area and had four young children.  He was concerned that if the area turned into an industrial site, there would be a lot of traffic.  He thought it would affect his quality of life and the property values.  He inferred that the zoning had already been changed.


Mr. Bruns said that this zoning change had not occurred.  The reason for the public hearing is to hear everyone’s comments before they vote on the zoning change.   He said no action has been taken. 


Mayor Goudy recognized Harry Worman.  Mr. Worman stated his name and that he lived at 11434 Dog Leg Road.  He said he objected to a change from residential to light-industrial.  He felt that at the expense of the majority, the city was benefiting the minority.  Mr. Worman said he had purchased the land as residential and wanted that to continue.  He felt the property values would depreciate because of the zoning change. 

Mr. Worman also asked if someone could explain what would be considered as light industry. 

Mr. Applegate referred to the City of Union code book and read the following: 


L-I, Light Industrial District.  Purpose.  This district has been established to accommodate industrial uses, which will have a minimum impact upon their environment.

Principal Permitted Uses, The manufacturing compounding, assembling or treatment (any combination of such processes) of articles or products from the following substances:  bone, canvas, cellophane, clay, cloth, cork, elastomers, feathers, felt, fiber, fur, glass, etc.


Mr. Applegate said it would basically be machine shops, electrical shops, dental manufacturing, assembling or repairing of electrical products, equipment rental, carpentry, etc.    Mr. Applegate said there was an entire page of what was allowed.  Mr. Applegate said it was “light” items.  It would not be heavy industry, like with trusses or iron. 

Mayor Goudy asked about the noise level and Mr. Applegate agreed that noise, if any, would be less than what would occur with heavy industry. 


Mayor Goudy recognized Harry Bluhm, who introduced himself, acknowledged he was sworn in, and said he resided at 11340 Dog Leg.  He agreed with the previous comments in opposition to the zoning change.  He said he and his wife were retiring and wanted to stay in the area.  Mr. Bluhm was concerned about the property values and assuming the heavy tax burden that this industry would bring.  He said he was concerned about the pollution and that it would affect their water.  He said he had lived in the area for sixteen years. 

Mayor Goudy verified with Mr. Applegate that the Ohio E.P.A. had stringent rules on water pollution.  Mr. Bluhm agreed that they probably did but said it would be a matter of catching violators in the act.  He was worried about oil, etc. going into the ground.  He thought the small shops would be worse polluters than the large companies.  Mr. Bluhm was also concerned about traffic and trash along the roadways. 

Mr. Applegate said that what took place at NCR, Delphi, General Motors and some of the old factories happened before the regulations that are in place now were established.  Currently, the Ohio E.P.A. would be involved and everything would have to be approved. The problems from those industries in the past would be avoided.


Mayor Goudy recognized Matt Baxter from Old Springfield Road and Mr. Baxter said he had been sworn.  He said he had lived there for two and a half years.  He said he had concerns about noise, environment, taxes, traffic, water being polluted and he was concerned about odors and what the buildings would look like.  He said that some light industrial companies look very nice if they are properly kept up but others can be an eyesore. 


Another citizen, Virginia Worman, decided she wanted to comment so she stood and was sworn in by Mr. Moore.  Ms. Worman talked about the Dayton Airport dumping into the creeks and that wells were destroyed.  She said they are using bottled water because she felt the Dayton Airport was still polluting the land.  Mr. Worman stated that when she walks, she sometimes still smells fuel.  She said she was against the light industrial zoning.


Ron Jackson said he had been sworn and his property bordered the property they were discussing.  Mr. Jackson said he highly recommended the change in zoning. 


Mr. Applegate said he would like to state for the record that the City of Union had complied with the Ohio Revised Code and the city’s codebook as far as notification and publication of the public hearing notice as required by law and that all property owners that they were aware of had been contacted.  Mr. Applegate commented that a lot of activity is taking place surrounding the airport.  He had just attended a meeting on Friday where Dayton had asked for over 400 acres to be developed as light industrial.  Other land in Butler Township may be zoned light industrial or commercial in the future.  The airport is there and there have been problems in the past, like with de-icing the planes.  Now that run off is collected and discharged through Montgomery County, through the City of Dayton treatment plant.  Mr. Applegate said the area around the airport was going to change and there was no way around that. 

Mr. Applegate added that the city had initiated this zoning change with the approval of the property owner.  It was also part of the application process for the city in going through with a job-ready-site.  Mr. Applegate said that the change could occur within a year or ten years.  Economically and financially, the airport is important to the community.  Mr. Applegate stated that right now, there are no definite plans in place for the development. 


Mr. Applegate said some of the property owners are present and one has spoken.

Mr. Bruns asked where the Dayton boundaries were and Mr. Applegate indicated that on the map.  

Mr. Bruns said all of the homes to the south are in Butler Township.  Mr. Jackson owns the only property that is located in Union. 

In response to a question, Mr. Applegate said the city does have plans to extend the water to the area.  He said he was aware that some of the residents did not have good wells. 

Mr. Bruns said that if the zoning were changed, any business that would come into the city would have to go through the City of Union planning commission for approval.  Mr. Applegate said that was correct and they would be very aware of how the company would run their business. 


Mr. O’Callaghan said his property backed up to an industrial park on Quinter Farm Road with Qu-Co and Te-co.  He said it was nicely landscaped with trees and said it was not bad at all.


Mr. Weiss said he appreciated being invited to the meeting and that the council listened to his comments but he felt that the way they had commented, they had already made their decision.  He said he thought it was a “done deal” and that the city would be going forward with the re-zoning.  Mr. Weiss added that no one had defended the residents.  He referred to the city as Union Township and said that he did not reside in Union Township.

Mr. Bruns explained that this was City of Union, not Union Township and that the only Union resident that spoke at the meeting was Mr. Jackson.  Mr. Bruns said that it was a public hearing and the council members were listening to everyone.  He said it was not a “done deal” as the resident said.  Mr. Bruns helped to clarify that some people were in Union, some in Union and Butler Township both and some in Butler Township.  Mr. Bruns said that he would listen to everyone but he would serve the City of Union residents first, since he was representing them. 


There were no further comments so Mayor Goudy declared the public hearing was closed.




Mr. Bruns moved that Ordinance 1441 be tabled until the next meeting for further review.  Mrs. Perkins seconded the motion.  All concurred and Ordinance 1441 was tabled.


Mr. Bruns told Mr. Weiss that this ordinance has been tabled for further review.  It did not pass and would be considered at the next meeting.


Mr. Moore said it would be on the agenda for next meeting but it would be for the council’s consideration.  There would not be another public hearing.  The next meeting would be January 28, 2008.  Mr. O’Callaghan said there was also a council member that was not present and might have further views on this issue. 




          Mr. Applegate said this was a housekeeping matter that the city does every two years, signing an agreement with the Montgomery County Animal Shelter for the boarding and disposal of cats.   He said it is the staff’s recommendation that this ordinance be adopted. 


          Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1445.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.


          Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1445.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1445 was adopted. 




          Mr. Applegate said this ordinance needs to be adopted within twenty days of an annexation that had been filed in Miami County.  It is 26.458 acres in an area known as Frederick.  It is one hundred percent annexation of the owners as shown in the shaded area.  The city had been asked by the homeowners to provide water and sewer.  The Ohio Revised Code requires the city to adopt the service resolution within twenty days of filing the annexation, which took place on Friday, January 11, 2008.  Mr. Applegate said it was the staff’s recommendation that the council adopt this service resolution so Miami County Commissioners can set an administrative hearing on this annexation.


          Mr. Bruns moved that Ordinance 1446 be declared an emergency for the reasons set forth in the Ordinance.  Mayor Goudy seconded the motion.  All concurred and the motion was passed.


          Mr. Bruns moved to have the one and only reading and adopt emergency ordinance No. 1446.  Mrs. Perkins seconded the motion.  All concurred and emergency ordinance 1446 was adopted.




          Mr. Applegate said this was part of a new requirement from the Ohio Revised Code that the council or their representative attend training sessions.  The council had chosen Mrs. Winemiller to be their representative at an earlier meeting.

          Mrs. Winemiller said this is something that the city has already been doing but the state is now making it official.  Public records are open to the public but this adopts a policy with guidelines for employees and a notice to the public.  This takes something that the city has already been doing in the past and makes it official. 


          Mr. Bruns moved to have the one and only reading and adopt Resolution 08-01.  Mr. O’Callaghan seconded the motion.  All concurred and Resolution 08-01, the public records policy, was adopted.


18.     Open Agenda


          Mayor Goudy commented that before she called on the council for any comments, she wanted to present a letter of commendation to the City of Union Safety Director, Michael Blackwell.  She asked for Mr. Applegate to step forward and make the presentation.


          Mr. Applegate said as stated by Mayor Goudy, this was a letter of commendation and Mr. Applegate read the contents of the letter to the public and presented it to Chief Blackwell.  (copy of letter of commendation attached)


          Mr. Bruns, Mrs. Terry and others congratulated Mayor Goudy on her first meeting serving as mayor.


          Mr. O’Callaghan asked when Phillipsburg-Union Road would be open again.  Mr. Applegate said that the sewer line is tied in and some fire hydrants have been installed to the existing sixteen inch line.  The next step is to replace all of the services to the individual homes and then the original line which is cast iron, will be abandoned. Six sanitary sewer lines will need to be installed so it will be another forty-five to sixty days and then they will need to apply new asphalt. 


          Mr. O’Callaghan asked when the State of Ohio will be coming through and fix State Route 48.    Mr. Applegate said he had just received a call from them and they will be meeting with the representative in the next two weeks to go over what needs to be done and then, depending on the contractor, the work will probably be done some time during the summer of 2008.


          Mr. O’Callaghan thanked everyone for attending the meeting and he said he understood their concerns on the rezoning.


          Mrs. Perkins said she wanted to congratulate their Clayton neighbors for celebrating their tenth anniversary as a city.


          Mayor Goudy thanked everyone on the council and staff for their support on her first meeting.  She thanked the audience for bearing with her and she thanked everyone for coming.


19.     Mayor Goudy moved that the council meeting be adjourned.  Mrs. Perkins seconded the motion.  All concurred and the council meeting was adjourned.


Respectfully submitted,




Denise A. Winemiller, Clerk of Council



Michael O’Callaghan, Vice Mayor