RECORD OF PROCEEDINGS
MEETING OF COUNCIL
The January 22, 2007 City of
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
Mayor Beyer called for a moment of silence.
1. Mayor Beyer asked if there were any
additions or corrections from the minutes of the
2. Mayor Beyer then asked if there were
any additions or corrections from the minutes of the
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
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
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
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
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
asked if there were any Landtech developments in the
introduced Ron 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
Mr. Hyman said
city services will be brought over. She
asked if properties that were adjacent and in the City of
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.
asked if people living adjacent to the property but not in the City of
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.
recognized Ann Patton and her husband Rick who wanted to speak first. They reside at
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.
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
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.
acknowledged Larry Hefflinger, from1659
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.
then asked about the width of
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
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,
He was concerned
about the width of
Mr. Patton asked about emergency services and
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.
recognized Jack Barnes,
Ellie Lewis said she lived at
She said she wanted to correct
something that was said earlier.
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
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
Ms. Lewis said in
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
Mr. Applegate said
In addition, Mr.
Applegate said that the response times provided by
Regarding the road
situation, Mr. Applegate said there is a road running through the development
that will meet the current City of
Thomas Cope was on
the other side of the road, at
He also asked if
the water and sewer services would be available to
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
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
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.
showed Mr. Martin on the map a portion of
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
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
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
There was a
disagreement on response times from
Mr. Bruns asked
Mr. Applegate to refresh everyone’s mind about why
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.
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,
The public hearing was closed.
5.a ONE READING - ORDINANCE 1409 - 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. 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.
READING - ORDINANCE 1413 - AN ORDINANCE LEVYING A TAX ON INCOME, AS DEFINED
HEREIN, IN ORDER TO PROVIDE FUNDS FOR THE PURPOSES OF GENERAL MUNICIPAL
OPERATIONS, AND PERMANENT IMPROVEMENTS OF THE CITY OF
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.
7. ONE READING - ORDINANCE 1415 -
AN ORDINANCE REPEALING THE EXISTING CONSTRUCTION SPECIFICATIONS AS ESTABLISHED
BY ORDINANCE 318 AND ADOPTING A NEW SET OF CONSTRUCTION AND MATERIAL
SPECIFICATIONS FOR THE CITY OF
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.
Denise A. Winemiller, Clerk of Council
Michael O’Callaghan, Vice Mayor