January 22, 2007



The January 22, 2007 City of Union council meeting was called to order by Mayor Beyer at 7:30, Monday evening.


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


            Mrs. Terry was not present, had not called, and was not excused from attending the meeting.


            Other city staff members present were John Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.


            Mayor Beyer called for a moment of silence.


            1.         Mayor Beyer asked if there were any additions or corrections from the minutes of the January 8, 2007 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 Beyer then asked if there were any additions or corrections from the minutes of the January 10, 2007 special council meeting.  There were no corrections so Mr. O’Callaghan moved that the minutes be accepted as prepared.  Mr. Bruns seconded the motion.  All concurred and the January 10, 2007 council minutes were accepted as prepared.


            3.         In the Citizens and Visitors comments Mayor Beyer acknowledged there was one resident that wanted to address the council.  Mr. Mike Duncan from 312 San Bernardino Trail had a question concerning the income tax.  He said he had been a citizen in Union for thirty years and had raised a family in Union.

            Mr. Duncan asked how many years the city income tax had been on the ballot.  Mayor Beyer said he did not know exactly but it was several times over the last fifteen years. 

            Mr. Duncan asked why the council could override the majority vote of the community.  Mayor Beyer said the council makes the decision not by personal preference but as they see fit for the good of the city.  He said they know the city finances and made their decisions based on that knowledge. 


            Mr. Duncan asked if they had a problem voting something in that had been voted down many times.  Mayor Beyer said they see the financial picture of the city and make their decisions based on that.

            Mr. Duncan asked where the money would go.  Mayor Beyer explained it would go to the General Fund and could be spent as part of the General Fund for any needs that the city has.  It is not tied to a specific fund like streets or fire.

            Mr. Duncan said he was not really for the tax but he had voted for specific things that the city needed. He said he did not want to vote for things that would just go to a general fund because he said the funds were not accountable and he was all about accountability.

            Mayor Beyer said they were accountable to the voters, and the city manager and his staff were accountable to the council, and they were all accountable to the state of Ohio.  The money in the General Fund had to be spent on reasonable government expenses.

            Mr. Duncan said he appreciated the council’s time. 

            Mr. Bruns asked if the Finance Director would explain the purpose of the General Fund.  Mrs. Winemiller said the council would appropriate where the money would be spent.  The city would also have an appropriation ordinance to transfer money to the police fund or where ever they decided.  The appropriations ordinance would all be done during a public meeting and go through three readings. 

            Mr. Bruns said due to expenses coming up, the city does need additional funds.  In response to Mr. Duncan’s question, Mayor Beyer said the people that would pay the income tax would be the people that are not already paying an income tax because they are living in townships.  If people live in Englewood, Dayton, or cities with an income tax, they would not pay Union because what they are already paying more than what Union is asking for.


            4.         Public Hearing on the re-zoning of 1810 Old Springfield Road, from Agricultural-Residential (A-R) to Residential-3 (R-3), Residential-3 (R-3) to Residential-4 (R-4), Commercial-1 (C-1) to Residential-4  (R-4), Residential-4  (R-4) to Residential-5 (R-5) and Residential-4 (R-4) to Residential-Planned Unit Development (R-PUD) on 153 acres east of the Stillwater River. 


            Mayor Beyer administered the oath for all of the people that wanted to speak during the public hearing on re-zoning. 


            Mayor Beyer asked Mr. Applegate to explain what was being discussed at the meeting.  Mr. Applegate said that this proposal had gone before the Planning Commission and they had forwarded this to the council for a public hearing date to be set.  The public hearing was advertised per the Ohio Revised Code.  Notices were sent to adjoining property owners concerning the public hearing along with a map and conceptual plan of the Glen. 

            Mr. Applegate indicated a map that was posted with all of the surrounding properties numbered that corresponded to a list of owners.


            Mr. Applegate pointed out where each proposed zoning change was located on the map. 

            Mr. Applegate introduced the developer, Jeffrey Hyman from Landtech Development Group, L.L.C.   Mr. Hyman stated his name and address and acknowledged that he had been sworn.  He thanked everyone for attending and listening to his presentation.

            Mr. Hyman said they were proposing a multi-generational community with different housing styles, types, and prices.   This will be designed into a community encouraging much social interaction.

            The northern section is twelve acres and will be for custom, single family homes.  It will be open to individual builders. 

            The next section is twenty-six acres and will have eighty foot wide, single family lots.           South of that, with an entry off of Old Springfield is another twelve acre property that is planned for sixty-five foot wide single family lots. 

            South of Old Springfield is a ten acre portion for duplexes, two units per building.  This will be a community within a community for active adults, age restricted, fifty-five and older, no children. 

            The next section will be 17.6 acres and will be multi-family and a rental community.  The development will link all uses of the property together.  The primary entrance will be on Old Springfield Road.  The secondary entrance will be on Furnas Road.  There will also be access off of County Line Road for the custom home community.

            Each entrance will have waterscapes with significant water features. Mr. Hyman displayed a large picture of a water feature with a tiered waterfall effect over rocks with recirculating water. 

            Mr. Hyman said they are planning a boulevard effect to link the communities together that will circle around a five acre park.  There would be a twenty-five foot buffer on each side, with landscaping and additional water features will be located inside.  These areas will be maintained by the homeowners association.

            Mr. Hyman said since it was not a gated community, the area would also be open to the public.  There will be benches, a circular bike path, jogging path, and exercise stations to encourage residents to meet their new neighbors.


            They will incorporate architectural features, guidelines for types of materials, roof line pitches, and four sided architecture.  The entrances will have city engineering approval.

            He said they want the entrances to have a paver effect and will be stamped concrete.  The architecture of the community will tie the whole development together.  He said they want people to be grateful that they purchased in the development and he said he liked the fact that there would be a lot of social interaction. 


            Mrs. Goudy asked about the multi-family rentals.  Mr. Hyman said fifty percent of the rentals would be two bedroom apartments.   Twenty-five percent would be three bedroom apartments and twenty-five percent would be the one bedroom apartments.   He said his company will not be building the apartments and the percentages would be subject to change depending on the market.  Three bedroom apartments are more difficult to rent.  They have not decided how many units per building.  Mr. Hyman said the apartments would serve as incubators, where people will go from there to another property within the development.  He said it would be an upscale apartment community.  They are aware of how these should be presented and the rent would be above the area rates. 


            Mrs. Goudy asked who would maintain the trails, etc.  Mr. Hyman said there would be a homeowners association and a sub homeowner’s association for the age restricted area since they would have to have the buildings maintained in addition to the grounds. 


            Mr. Applegate commented that nothing was really planned and the developer would have to come back with a preliminary plan.  A considerable amount of individual engineering needed to be done.

            Mr. Hyman said once the zoning was approved, they would design individual lots and streetscapes.   They would require a minimum landscape expenditure per unit for the participating builders.  His company would not be building the units.  His company would be doing the infrastructure and be involved in the signage, entrance structure, and Glen Drive improvements. 


            Mr. O’Callaghan asked if there were any Landtech developments in the Dayton area.  Mr. Hyman said his company is based in Chicago and that is where their development is located.


            Mayor Beyer introduced Ron Jackson, 1810 Old Springfield Road, who said he was sworn in.  Mr. Jackson said that at the last re-zoning hearing, the biggest complaint from the surrounding property owners was the commercial zoning and they are willing to eliminate the commercial zoning from the property.


            Mr. Jackson commented that he was very impressed with Mr. Hyman and thought he had found a good developer.  He said this will be a top notch community and that the City of Union would be very proud of this development.  Mr. Jackson asked that the council approve the request for zoning change.


            Pam Geisler, 1770 N. County Line Road said she had been sworn.  She asked about services being brought to the area.

            Mr. Hyman said city services will be brought over.  She asked if properties that were adjacent and in the City of Union could be hooked up to the services.  Mr. Applegate said yes.

            Mrs. Geisler asked about the retention pond.  She asked where the water would come from.  Mr. Hyman said the retention areas would be designed to hold water and they would provide water.    He said the detention areas would not be stagnant mosquito beds.  The water would be flowing and the area would be maintained by the homeowner’s association. 

            Mrs. Geisler then asked how they would take care of the natural water drainage.

            Mr. Hyman said they would not increase or decrease the amount of out fall to other properties.  The site will be designed to maintain it’s own water.  If there was inherent flooding in the area, Mr. Hyman thought they could take care of some of the drainage.  He said they would be working with engineering on that.

            Mrs. Geisler asked if people living adjacent to the property but not in the City of Union, would be able to hook up to water and sewer and Mr. Applegate said they would not. 

            The city engineers would also study that and make sure there was no increase of flow from this development off site.  Mr. Applegate said that was a requirement.  He added that sound engineering would resolve a lot of problems. 


            Mayor Beyer recognized Ann Patton and her husband Rick who wanted to speak first.   They reside at 1482 Furnas Road and Mr. Patton acknowledged that he had been sworn.  Mr. Patton asked what specifically what would be the responsibility of the developer.   Mr. Hyman said they would be putting in everything that was shown on the conceptual plan.  Mr. Patton then asked how they could control the development of the houses. 

            Mr. Hyman said they would have specific architectural guidelines and that would be part of their contract with the builders.  They would maintain the integrity of the community and would have covenants and restrictions.  They would have restrictions on building materials, roof line pitches, and make sure the homes were four sided architecture so the homes would look good on all sides. 

            Ann Patton, 1482 Furnas Road had been sworn in.  She was concerned with the impact on the Vandalia Butler School system. She asked if they had spoken to the schools.

            Mr. Hyman said he had not spoken to the schools.  They had met with the City Manager and Assistant City Manager of Vandalia.  He said they are sharing information with them.  Mr. Hyman said he could have a third party do a study about the revenue and expenses and make it available to the city.  Mrs. Patton asked if she could get a copy.  Mr. Applegate said she could leave her information with the city and they would contact her.

            She asked about Stoney Crest with 250 lots available.  She said fifty lots have been built in the last five years.  She asked if there was a market for developments.

            Mr. Hyman said he could not answer that question.  He said all developments were not created equal and he was confident about this development.  Referring to Stoney Crest, he said some of their execution could have been done differently.

            Mrs. Patton asked about the rental fees for the apartments being above median. She asked where they got those figures.  Mr. Hyman said it was looking at the greater Dayton area.

            Mrs. Patton said she did not believe people wanted to come in the country and live on smaller lots or in apartments.

            Referring back to a comment about the schools, Mr. Applegate said the school levies taxes for that development which would go to Vandalia Butler schools.


            Mayor Beyer acknowledged Larry Hefflinger, from1659 Furnas Road.  He said he had been sworn. 

            He asked who would pay for the water and sewer.  He asked if it would be the developer or the city.  Mr. Applegate said it would be the developer. 

            Mr. Hefflinger asked about the flow rate and number of units.  Mr. Hyman said they would be doing a population study.  They were planning six hundred units. 

            Mr. Hefflinger said they already had police, fire, and school levies.  He was concerned about additional taxes.

            Mr. Hefflinger then asked about the width of Furnas Road and if the road could handle the traffic or if they would widen the road.  He said the road is fourteen feet wide.

            Mr. Hyman said they would look at the entire engineering issue. 

            Mr. Hefflinger said he had friends in Stoney Crest.  He said he thought vacant lots and empty houses did not look good for a community.  He said he was concerned about the eighty foot lots and sixty foot lots.  He asked why they were so small.


            Mr. Applegate said those were the minimum requirements for each zoning district.  He said that once the plan was engineered, it may be changed but they needed to start somewhere.

            Mr. Hefflinger said he was unhappy about the width of the lots.  He said he liked looking out over a serene open field and soon he would see nothing but roof lines. 

            He mentioned he had read an article in a newspaper about Ohio leading in repossessed houses.  He thought the market was not good now. 

            He then asked what the cost of the houses would be.  Mr. Hyman said the prices had not been set.  Mr. Hefflinger said he did not like approving a conceptual plan. 

            Mayor Beyer said they were not approving the conceptual plan.  They would be approving a change of zoning. The preliminary plan would go before the planning commission and have to be approved by them.

            Mr. Hefflinger then asked about the effect on the airport.  Mr. Hyman said this development was outside of the noise impact studies.

            A resident said the flight patterns were switched all the time.  Mr. Hyman said this was done according to federal regulations.

            Mr. Hefflinger thought the airport was expanding and they should talk to them. 


            Mr. Applegate said he sat on a committee concerning the airport and they were outside of the noise level contours and outside the flight plans.  The city was outside the most recent noise levels.  The airport is aware of this.  Mr. Applegate provided them with copies and they have no problems with it.  Mr. Applegate said he is continuing to meet with the airport and the most recent noise study was less than a year ago. 


            Mr. Glenn Patton, 1482 Furnas Road, said he had been sworn in.  He asked that they consider the people that had been there for awhile.  He said Mr. Hyman said it was important to him that people be happy living at their property and he asked them to consider the people that have been there for a long time.  He said they were not totally against development.  He asked them to consider what is already there.  He has 2 ½ acres, and a 200 foot wide lot.  He said other people in the area had larger lots. 

            He was concerned about the width of Furnas Road and how traffic would be with 600 people trying to get to work.

             Mr. Patton asked about emergency services and Old Springfield Road being closed.  He asked that the council put themselves in the current homeowners’ place. 

            Roger Bailey, from 1269 Furnas Road had signed the form to address the council but left the meeting early. 

            Several other people wanted to address the council.  After their forms were filled out, Mayor Beyer asked them to stand and they were sworn in.


            Mayor Beyer recognized Jack Barnes, 1731 Old Springfield Road, Butler Township.  Mr. Barnes said he moved out to the country.  He did not want to look at an apartment complex.  He said he felt the developer did not understand economic growth in the community.  He said everyone was losing their jobs.  He said he felt Stoney Crest had failed miserably. He thought they were not familiar with the area to spend all that money. 


Ellie Lewis said she lived at 1430 Furnas Road and is a Butler Township Trustee. 

She said she wanted to correct something that was said earlier.  Butler Township does not provide police and fire service to the Stoney Crest area.  She said that the township had offered but Mr. Applegate had decided that he did not want the township to do that.  She said that if someone had a heart attack and needed help, that would be a major problem.  She said she would not want to be on the other end of that situation.


Ms. Lewis said the second problem was that she assumed an experienced company such as Landtech would have done major drilling and discovered that the area has a lot of limestone.  Building would require a lot of blasting which would also be a major problem.


Ms. Lewis said the third problem was that Furnas Road is a Butler Township Road.   She said the township would work out with Union, if they would, about the traffic on Furnas Road.  She added that she found it interesting that Landtech talked with Vandalia because she said Vandalia does not even touch the area.  

Mr. Hyman commented that he did not say that Vandalia had jurisdiction, but that they shared information about growth.  He said he was aware that the area was located in Butler Township.


Ms. Lewis said in Butler Township, they would never approve any change of zoning without seeing the plan, knowing the square footage, how large the lots were, the target market, etc.  She thought not having the knowledge of what was being built there was terrible.


Mr. Applegate said he wanted to clarify a few points. When the city annexed the property and went before the Montgomery County Commissioners for a public hearing, they made it clear that Union would provide police and fire services.  He said that the fire and police chiefs from both jurisdictions were present.  He said that Union had never asked and the township had never offered police and fire services.  Ms. Lewis said she had a copy of a list and they were tenth on the list.  Mr. Applegate asked if it was for the public hearing and Ms. Lewis said she did not know about the public hearing.

Mr. Applegate said Union had established by a resolution and an ordinance what services the city would provide.  He stated that Butler Township never offered police and fire services and that Ms. Lewis was not a trustee at that time. 

In addition, Mr. Applegate said that the response times provided by Butler Township are accurately reflected in the minutes of the public hearing during the annexation.  He said that the City of Union monitors their fire and EMS response times monthly and the city has continually met or exceeded the response times of Butler Township.  Mr. Applegate said he had his fire captain at the meeting who could verify that. 


Regarding the road situation, Mr. Applegate said there is a road running through the development that will meet the current City of Union thoroughfare standards.  That road is designed to carry the traffic to Old Springfield Road.  The traffic will be on those roads, not on Furnas Road.  He said that is the purpose for the road that goes through the development.  

Thomas Cope was on the other side of the road, at 3349 North Montgomery County Line Road.  He asked if they had discussed this development with Miami County.  Mr. Applegate said they had not. 

He also asked if the water and sewer services would be available to Miami County residents.  Mr. Applegate said what was in place was based on covering 1900 acres.  They were looking into putting in new facilities in the future.

Mayor Beyer said if people wanted water and sewer, they had to be a part of the city. Mr. Applegate said basically that was correct but if the property owner was willing to sign a document that they would be willing to come into the city sometime in the future, they may work something out on a case by case basis.  Mr. Applegate said if someone did not have water and there was water available right in front, he would try to work something out.

Mr. Cope asked if there were problems crossing the county line.  Mr. Applegate said they were already in Miami County.

Mr. Cope said he wanted to caution the council or suggest that when they approve the plan, they don’t create a nest for lower income housing to come in.  He said sometimes reputable people put together a development and sell it out to a trailer park.  He said this was his front yard and they would want something nice.   He added that he hoped that the council would take that into consideration.


Mr. Applegate said they were well aware of that.  He said over seven hundred homes have been built in Union in the last ten years.  He said that the city was just as concerned as everyone else about having nice homes.  He added that Union did not allow trailer parks.  He said there was a builder from Huber Heights that the city did not allow to come into Union.

Mr. Cope said he liked the concept of the four sided architecture.   He thought that was a good start.  He asked them to be cautious on the next step on sizing lots. 

Mayor Beyer said they were aware of that and the city had actually enlarged the square footage minimum of the homes earlier which require larger lots. 

Mr. Applegate said they were very aware of what Mr. Cope was saying. 


Richard Martin, from 1425 Furnas Road said he was across from Mrs. Lewis.  He  had a couple of questions.  He said he was concerned about the water.  He said there would be city water supply, so there would be no wells and septic tanks.  He said he was a geologist by trade and eighteen feet down would be bedrock.  He asked if they would do an easement across Furnas Road, in Butler Township, since that would seem to be the shortest route. 

Mr. Applegate showed Mr. Martin on the map a portion of Furnas Road that was already in the City of Union.    He then showed him where the water line would go.  Mr. Martin asked if there would be any kind of assessment to the property owners and Mr. Applegate said there would not be. 

Mr. Martin said he was not opposed to development but he thought six hundred units was way out of line.  He was concerned about the 60 and 80 foot lot frontage but said they had not mentioned lot size.  Mr. Applegate said to give him an idea, in R-3, the minimum lot size is 9,500 square feet and in R-4 it would be 8,500 square feet.  If they would build a double in R-4, the minimum would be 10,000 square feet. 

Mr. Martin asked about the fees back to Vandalia Butler Schools.  Mr. Applegate said the current levies that are in effect for Vandalia Butler schools would be assessed against the property valuation of those homes.  Mr. Martin said his wife is a teacher and is concerned about all the new students moving into the school.

Mr. Martin asked if the city had done a traffic survey on Furnas Road.  Mr. Applegate said they had their traffic engineer, Richard Oaks, at the meeting.

Mr. Martin thought with six hundred units, that would be a lot of additional traffic.  He was also concerned that building expensive homes would raise the property values.  He said with the rentals, a lot of the units would be empty and that would drive the property values down.  He thought they were creating a situation that would not be economically viable.



Mayor Beyer asked how long the development would take, over what period of years.  Mr. Hyman said their assumption would be that the general economy and housing economy would be improved but they were thinking of a five year build out.    He said there are non- competing uses within the development, such as active adult which is not competitive with the single family, or the custom is not competitive with the duplexes.  So there are different markets. 


Mayor Beyer asked if there were any more questions from the council.


Mr. Bruns asked if Mr. Oaks had any comments on the traffic.  Mr. Oaks said since this was a re-zoning issue, they didn’t get too much into traffic on re-zoning issues.  It is not really a statutory issue but when they get to the next stage, they would be looking very definitively about what kind of access to Furnas Road.  The main idea of having a main corridor running north to south is for that to be the magnet to attract the traffic and take it down to Old Springfield and County Road and distribute it to Dog Leg and Frederick Pike and all the other road network system.  He said when they get to the next stage, they will be looking in depth on the impact it will have.


A resident asked the Fire Chief about the response time.  Fire Captain John Parrish said if the road is closed, it would take nine minutes.  If not, it takes six minutes.  He said Butler Township would take a longer time.  The resident told the council survival statistics for a heart attack and how the survival rate goes down ten percent per each minute.

There was a disagreement on response times from Butler Township to that area.  Mr. Applegate invited them to stop by and check out the city’s response times. 


Mr. Bruns asked Mr. Applegate to refresh everyone’s mind about why Old Springfield Road was closed, because a resident had commented upon that.

Mr. Applegate said the road was closed as part of an Issue II grant.  The road had a blind curve that was changed.  That area had numerous accidents and is now very much improved and safer due to the changes made in the four months that the road was closed.


Mayor Beyer discussed putting a fire truck and police cruiser in the area when the road was closed because of high water.  Mr. Applegate said they had done time studies going across the dam, Old Springfield Road, Garland Road and Martindale Road.   The study was done by a traffic engineer, it is still current and available.  There was not that much difference in the times no matter what route was used. 


The public hearing was closed.






Mr. Bruns moved to amend the agenda to eliminate the item # 5 giving three readings to Ordinance 1409.  Mayor Beyer seconded the motion.  Mrs. Perkins voted against the motion and the other council members voted for the motion.  The motion was passed and the agenda was amended.


Mr. Bruns said they have eliminated item # 5.  Mr. Bruns said many of the questions that were brought up can not be answered yet.  Once the zoning is changed, this matter would go before the planning commission.  Then they will determine lot sizes and can get Mr. Oaks, the traffic engineer more involved.  Mr. Bruns said until the zoning is changed, the developer can not go to the planning commission with any plans.  That is why he would like this ordinance passed as soon as possible. 


Mrs. Perkins said she did not see why this was being rushed.   Mr. Bruns said they had voted on it and it was done.  He said that the reason why it was an emergency was mentioned by the city manager and is within the ordinance. 


Mr. Bruns moved that Ordinance 1409 be declared an emergency for the reasons set forth in the ordinance.  Mayor Beyer seconded the motion.  Mrs. Goudy and Mrs. Perkins voted against the motion and Mr. Bruns, Mrs. Kyle, Mr. O’Callaghan and Mayor Beyer voted for the motion.  There were not five affirmative votes so the motion did not pass.


Mr. Bruns moved to amend the agenda and place item # 5, the first reading of Ordinance 1409 back on the agenda.  Mayor Beyer seconded the motion.  All concurred and the item was back on the agenda.


            Mr. Bruns moved to have the first reading of Ordinance 1409.  Mr. O’Callaghan seconded the motion.  Mrs. Goudy and Mrs. Perkins voted against the motion and Mr. Bruns, Mrs. Kyle, Mayor Beyer and Mr. O’Callaghan voted for the motion.    The motion was passed and Ordinance 1409 was passed to the second reading.




            Mr. Bruns moved that the council have the third reading and adopt Ordinance 1413.  Mayor Beyer seconded the motion.  Mrs. Perkins voted against the motion and Mr. Bruns, Mrs. Kyle, Mayor Beyer, Mr. O’Callaghan, and Mrs. Goudy voted for the motion.  Ordinance 1413 was adopted.




            Mr. Applegate said they need to adopt a new set of construction specifications and repeal the old set.  The new standards were prepared by the city engineers and have been reviewed by the staff. 

            This was last updated in 1973.  Mr. Applegate said this allows the city to permit some of the new technologies. 


            Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1415.  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 Ordinance 1415. Mayor Beyer seconded the motion.  All concurred and Ordinance 1415 was adopted on the first reading.


            8.         Open Agenda


            There was nothing for the open agenda.


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


Respectfully submitted,




Denise A. Winemiller, Clerk of Council



Michael O’Callaghan, Vice Mayor