Union City Council Meeting Minutes
First Quarter 2005
 
January 10, 2005, Meeting Minutes
January 24, 2005, Meeting Minutes
February 14, 2005, Meeting Minutes
February 28, 2005, Meeting Minutes
March 14, 2005, Meeting Minutes
March 28, 2005, Meeting Minutes
 

January 10, 2005

The City of Union council meeting was called to order by Mayor Packard on January 10, 2005 at 7:30 p.m., Monday evening.

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

Mayor Packard called for a moment of silence.

Mayor Packard said Mr. Beyer had called in and could not attend the meeting because of a business conflict. Mayor Packard moved to excuse Mr. Beyer. Mr. O'Callaghan seconded the motion. All concurred and Mr. Beyer's absence was excused.

1. Mayor Packard asked if there were any corrections on the minutes from the December 27, 2004 council minutes. There were no corrections so Mr. Bruns moved that the minutes be approved. Mr. O'Callaghan seconded the motion. Mrs. Goudy and Mrs. Terry abstained, the other council members voted for the motion and the minutes were accepted as prepared..

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

3. Swearing in of Christopher Allen as full time police officer.

Mayor Packard asked Christopher Allen to step forward. Mr. Allen was sworn in by Mayor Packard as a full time police officer.

4. Swearing in of Mark Carnevale as full time police officer.

Mayor Packard asked Mark Carnevale to come forward. Mr. Carnevale was sworn in as a full time Union Police officer.

5 Re-appointment of members for the Planning Commission and the Park Board.

Mayor Packard moved to reappoint Helen Oberer for another four years to the park board. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mayor Packard moved to reappoint Glynn Marsh to the planning commission. Mr. Hissong seconded the motion. All concurred and the motion was passed.

6. Appointment of representatives and alternates for the Miami Valley Regional Planning Commission and Transportation Committee.

Mr. Bruns moved that the appointments remain the same as last year. Mr. O'Callaghan seconded the motion. Mayor Packard abstained, the other council members voted for the motion and the motion was passed. Mayor Packard will continue as the representative for the Miami Valley Regional Planning Commission with Mr. Applegate serving as the alternate. Mr. Applegate will continue as the representative for the Transportation Committee with Mr. Richard Oaks as the alternate.

7. THIRD READING - ORDINANCE 1334 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. (three readings)

Mr. Bruns moved that they have the third reading and adopt Ordinance 1334. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed. Ordinance 1334 was adopted.

8. ONE READING - ORDINANCE 1349 - AN ORDINANCE OF THE CITY OF UNION, OHIO, APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF THE CITY OF UNION AND TO AMEND OR ENACT SECTIONS OF THE TRAFFIC AND GENERAL OFFENSES CODES TO CONFORM TO ENACTMENTS OF THE GENERAL ASSEMBLY AND DECLARING AN EMERGENCY.

Mr. Applegate said this was an annual ordinance that updates the code for the City of Union. It incorporates all of the ordinances and resolutions that have been passed and incorporates the changes in traffic and criminal law that have taken affect in the Ohio Revised Code. They are asking that
it be passed as an emergency since most of the ordinances are already in effect.

Mr. Bruns moved that Ordinance 1349 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 that they have the one and only reading and adopt emergency Ordinance 1349. Mr. O'Callaghan seconded the motion. All concurred and emergency ordinance 1349 was adopted.

9. Open Agenda

Mayor Packard said he was very pleased to have added two new police officers to the Union Police Force. He said that the department had good leadership and the two new officers would be an asset to the city.

Mayor Packard said he had never seen the water on East Martindale as high as what it had been over the weekend of January 8, 2005.

Mr. Applegate talked about the steps that the city crews had done to continue to operate and maintain city services after the heavy snows and heavy rains. Electric controls on several of the wells were disconnected to be saved and water supply was switched to use a different water tower. There was no interruption of the city's water service and the back up systems that were in place worked very well.

Mrs. Goudy said she was sure the citizens were so proud of the dedication shown by the city manager and staff during the recent emergency and that she was proud that the citizens had voted for the police levy and that they had been able to add two fine police officers.

Mr. O'Callaghan asked about a letter he had received and Mr. Applegate said they were pursuing the matter both civilly and criminally. He said they were taking steps to correct the situation.

Mr. O'Callaghan moved that the council meetings continue to be held on the second and fourth Monday of each month with the exception that the October 10 meeting be moved to Tuesday, October 11, the December 26 meeting be moved to Tuesday, December 27, and that the second meeting in July and August be cancelled. Mayor Packard seconded the motion. All concurred and the meeting schedule for 2005 was adopted.

Mr. O'Callaghan said he had sent out letters to nineteen homes for the Christmas decorating and that the names would be posted in the newspaper.

Mr. Hissong welcomed the two new police officers.

Mrs. Terry said Chief Blackwell had done an excellent job and said that they really need the two police officers that were sworn in that evening.

Mr. Bruns also thanked the city and the city employees for the excellent job they had done during the recent record breaking snow fall and heavy rains.

Mr. Applegate said he wished to commend the City of Union council for the work and the approval of the infrastructure projects, particularly in the storm sewer replacements. The improvements that have been made allowed the city to operate successfully during two different types of bad weather. Mr. Applegate said they have more things that need to be done but the way everything worked shows that the improvements are working successfully. He said he appreciated the faith that the council and public had shown in the city staff. He also welcomed the two officers and thanked them for their past efforts as part time officers.

Mr. Moore welcomed the police officers. He said he knew that the council members had received a letter about a zoning violation in town. Mr. Moore said they have to follow a process and have gotten some results and they will continue to work on the problems and will monitor the situation.

Mayor Packard recognized Police Chief Mike Blackwell. Chief Blackwell said the new officers have been working part time for the city for well over a year. He said not only have they been willing to meet standards but they have set high standards and have made a positive impact on the community. He welcomed the officers to the Union police department.

10. Mr. Bruns 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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January 24, 2005

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

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

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any questions or corrections from the minutes of the January 10, 2005 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be approved. Mr. Beyer seconded the motion. Mr. Beyer abstained and the other council members voted for the motion so the council minutes from the January 10, 2005 council meeting were approved.

2. There were no citizens and visitors that indicated they needed to address the council.

3. Mr. Applegate, referring to a memo provided to the council, said that the planning commission had approved a request for a rezoning from Oberer Development for property located on Frederick and Old Springfield Road and forwarded it to the council to set a date for a public hearing.

Mayor Packard moved to have the public hearing for the first meeting of March which would be March 14, 2005, not March 8, 2005 as incorrectly indicated in the memo. Mr. O'Callaghan seconded the motion. All concurred and the public hearing was scheduled for March 14, 2005.

4. Open Agenda

Mayor Packard said that the roads during the recent snow storms were looking very good and cleared of snow thanks to all of the hard work done by the city crews.

Mr. Applegate said that he had included information from the MVRPC web site from the Internet in the council packets. The subject was the local government fund and the impact that the loss of funds will have on communities. The information also specified the amount of revenue that will be lost and what it would take to replace the revenue that was lost.

Mr. Moore said he had a brief update on what is referred to as the Waterwheel Farm annexation. He said it has been in the court of appeals. The history is that the Commissioners granted the annexation, Butler Township went to court to try to stop it, the trial court overruled the motion for preliminary injunction, then the township went to the Court of Appeals. The Court of Appeals' decisions said it was properly in the Court of Appeals and Union had twenty days to file their response to the brief that Butler Township filed. Mr. Moore said that within two to four months, Union should get a final decision on this. This is a case that the city had won but it is now in the Court of Appeals.

5. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. Mr. Beyer voted against the motion, the other council members voted for the motion and the council meeting was adjourned.

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

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February 14, 2005

Mayor Packard called the February 14, 2005 City of Union council meeting to order at 7:30 p.m., Monday evening.

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

Mayor Packard said that Mr. Beyer was still in the hospital. Mayor Packard moved to excused Mr. Beyer from the council meeting. Mr. O'Callaghan seconded the motion. All concurred and Mr. Beyer's absence was excused.

Mayor Packard said that Mrs. Goudy had received an emergency call to go back into work so Mayor Packard moved to excuse Mrs. Goudy from the council meeting. Mr. O'Callaghan seconded the motion. All concurred and Mrs. Goudy was excused.

Mayor Packard said he had received a call from Mrs. Terry and she had to run her husband to the hospital. Mayor Packard moved to excuse Mrs. Terry from the council meeting. Mr. O'Callaghan seconded the motion. All concurred and Mrs. Terry was excused from the council meeting.

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 January 24, 2005 meeting. There were none so Mr. Bruns moved that the council minutes be accepted as prepared. Mayor Packard seconded the motion. All concurred and the council minutes were accepted as prepared.

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

3. ONE READING - ORDINANCE 1351 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $106,700 STATE ROUTE 48 IMPROVEMENT PROJECT (PHASE II) BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE CITY'S PORTION OF THE COST OF IMPROVEMENTS TO STATE ROUTE 48 AND DECLARING AN EMERGENCY.

Mayor Packard said there would need to be five council members present to declare an emergency. Since there were not sufficient council members present, Mayor Packard moved to table Ordinance 1351. Mr. Bruns seconded the motion. All concurred and Ordinance 1351 was tabled.

4. Open Agenda

Mayor Packard said they now had the new ambulance and he invited people to stop by and see what the city had been able to purchase due to the passage of the fire levy.

Mr. O'Callaghan also was pleased with the new ambulance. He commented that there was an article in the Dayton Daily News Neighbors section of the newspaper and he appreciated the article and thought it was well done.

Mr. Applegate commented on the handout to the council concerning the cuts to the local government fund. The governor's budget was released and they are proposing a twenty percent cut to counties and cities and the end result will probably be more than that. Mr. Applegate said that for the state to balance their budget, they were passing the responsibility to the libraries, cities, townships, etc., cutting their funding instead of raising state fees or taxes. Mr. Applegate said that the city will have to cut services
because of the loss of these local government funds. It would take a percent and a half of income tax, or $140,000 to replace the potential loss of the one hundred percent of the local government fund.

Mr. Applegate said that the council had scheduled a public hearing on March 14 at an earlier meeting. Due to a scheduling conflict, Mr. Oberer of Oberer Development would not be able to attend the public hearing. Mr. Applegate suggested March 28, 2005 for a new public hearing date.

Mr. Bruns moved to cancel the public hearing scheduled for March 14, 2005. Mr. O'Callaghan seconded the motion. All concurred and the public hearing for March 14, 2005 was cancelled.

Mr. Bruns moved to reschedule the March 14, 2005 public hearing for rezoning to March 28, 2005. Mr. O'Callaghan seconded the motion. All concurred and the public hearing was rescheduled for March 28, 2005.

Mr. Applegate said he needed to discuss a referendum that was submitted to the Clerk of Council. He said that the Clerk of Council, Denise Winemiller had a prepared statement for the council. Mrs. Winemiller stated that when the referendum petition on 1333 was returned from the Board of Elections, she declined to submit the referendum petition to the electors of the municipality because the petitions submitted failed to comply with the Ohio Revised Code 731.32, which requires a certified copy of the ordinance to be filed with the clerk. Neither Mr. Roger Hansel nor anyone on his behalf, provided that certified copy of the ordinance.

Mayor Packard moved not to submit the referendum petitions for 1333 based on the report given by Denise Winemiller, Clerk of Council. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Moore said they were pursuing several zoning cases in Vandalia Municipal Court, trying to resolve the problems.

5. Mayor Packard moved for an executive session on a personnel matter and the purchase of real estate. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mayor Packard asked for Mr. Applegate, Mrs. Winemiller, and Mr. Moore to be present during the executive session.

Mayor Packard moved to reconvene the council meeting. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was reconvened.

6. Mayor Packard moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the February 14, 2005 City of Union council meeting was adjourned.

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

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February 28, 2005

The City of Union council meeting was called to order by Mayor Packard at 7:30 p.m., Monday evening, on February 28, 2005.

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 called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections of the council minutes from the February 14, 2005 meeting. There were none so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. Mrs. Terry, Mrs. Goudy, and Mr. Beyer abstained and Mr. Bruns, Mr. Hissong, Mayor Packard, and Mr. O'Callaghan voted for the motion. The motion was passed and the council minutes were accepted as prepared.

2. Citizens and Visitors Comments

Several citizens had indicated that they wanted to speak. Mayor Packard recognized Shirley Hissong. Mrs. Hissong said she wanted to compliment Mr. Beyer on his interview on a local television station concerning the reduction of local government funds. She asked that everyone listen to the coverage again at 11:00 p.m. on channel 7 because she thought the reporting was very good. Mayor Packard said the loss of the local government fund would affect all of the cities, townships, libraries, etc.

Mayor Packard recognized Lisa Koogler. Ms. Koogler said that litter has gotten worse in her neighborhood over the years. She resides at 105 Old Mill Road. She asked if something could be done, like giving warning tickets. She also complained about people not cleaning up after their dogs.
Mr. Applegate asked if Ms. Koogler could call the city office and provide them with addresses and then they would turn the matter over to the zoning inspector.

Mayor Packard recognized Jamie Staley. Mrs. Staley said she had several items to discuss. She said that she had heard that the residents could purchase the green space area including the bike path. Mr. Applegate said that was not true. The matter had been discussed years ago but never went any further. All of the residents would need to purchase the properties or else there would be gaps and they would lose the continuous walkway.

Mrs. Staley said that she kept hearing that the walkways would be repaired. Mr. Applegate said that if the city would get an income tax, they would spend money replacing the asphalt with concrete. Without an income tax, the park fund does not have enough money to replace the walkways.
Mrs. Staley said that the city sent her a citation because she cut down a tree and a week later she received a notice from the city to dispose of the wood and stump. Mr. Applegate said probably someone had reported it to the city. Mrs. Staley told the council she had originally asked the city to
come out and determine if it was her tree or the city's, and since it was hers, she had it removed.
Mr. Bruns clarified that the city does not make any money for any zoning violations so this is not a source of revenue. Mrs. Staley suggested they could charge individuals if they had to remove trash, etc.
Mr. Applegate said that most of the people that are sent violations do comply. If they do not they can be taken to court. Sometimes it takes people a little time to get the problem corrected but generally the problem is resolved. Mr. Applegate said the city does try to work with the people.

3. ONE READING - ORDINANCE 1351 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $106,700 STATE ROUTE 48 IMPROVEMENT PROJECT (PHASE II) BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE CITY'S PORTION OF THE COST OF IMPROVEMENTS TO STATE ROUTE 48 AND DECLARING AN EMERGENCY.

Mr. Applegate said this was a note renewal. Once an original note went through the first three reading process, the next time it was renewed, it could be passed in one reading. This note will be due again in August because they are tying this in with other notes.

Mr. Bruns said there was a typographical error in the ordinance saying the note was passed February 14 instead of February 28. With that correction, Mr. Bruns moved that Ordinance 1351 be declared an emergency for the reasons set forth in the Ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed. Ordinance 1351 was adopted.

Mr. Bruns then moved to have the one and only reading and adopt emergency ordinance 1351. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

4. Open Agenda

Mayor Packard said he wanted to comment on the local government fund. Mayor Packard gave a brief history of the origin of the local government fund which has been in existence since 1935. The state has decided since they are in debt, not to return the money to the cities, townships, and libraries. The mayors and city managers have been attending meetings concerning this. Mayor Packard said he wanted the citizens to be aware that the city was losing this income and he wanted the state representatives to know their concerns.

Mr. Beyer thanked the Union Fire and Police department for their response to his home during his recent illness.
He said also thanked the Union Fire Department and medics for their response to the home of one of his nurses when she had a grease fire.
Mr. Beyer thanked Mrs. Hissong for her comments on his interview with news reporter Jim Otte concerning the local government fund. Mr. Beyer said he agreed with Mayor Packard on the high cost of the eventual complete reduction of the local government fund and how serious it would affect Union and other entities.

Mrs. Goudy asked if more of the stop signs could have the reflective strips on the sign posts to make them more visible. Mr. Applegate said they have them at the major intersections but the cost would be too high to put them on all the stop signs in town.
Mrs. Goudy also said that some of the street lights go off when her car head lights shine on the street light. Mr. Applegate said that if she would get the location of the lights, they would turn that in to Dayton Power and Light to get it fixed.

Mrs. Terry thanked the citizens that were attending the meeting. Mrs. Terry asked for the $400.00 that they get every year for the Easter celebration with the school children. She said she was hoping for help this year with the event.

Mayor Packard recognized Mr. Young, from 603 Morning Glory Lane who wanted to address the council. Mr. Young said the city did a fantastic job of clearing the snow off the streets. He asked that they pass on his comments to the snow removal people.

Mr. Applegate said the local government fund was an issue for all of the communities and libraries in Ohio. The Governor's budget is recommended to have a twenty percent reduction. Mr. Applegate emphasized that it was the Governor's budget and that it had not gone through the House or the Senate yet. They are talking about a fifty percent or greater cut. It won't be decided until June 30, when they finish the budget. Mr. Applegate said they are attending local rallies and have flyers to distribute against this new policy.
Mr. Applegate said the General Fund supports the Park Fund and that fund will be cut due to the local government fund reduction. This will greatly affect the community. Mr. Applegate suggested that the citizens write their state representatives concerning this. Mr. Applegate said this would not affect the police and fire departments since they have their own levies, unlike some other communities.

Jim Geir from Morning Glory said he was very concerned with the budget cuts from the state. He asked if the city could publish a letter and send it to citizens. Mr. Applegate said he thinks that there is a letter available on the web site.
Mr. Applegate suggested that if the people would modify that letter and send it in, their representatives might contact them. If they merely duplicate the form letter the representatives may not respond because they received multiple copies.

Mr. Moore said he wanted to follow up on the zoning enforcement issues. The cases that go to court are considered minor misdemeanors and have a maximum fine allowed. The jurisdiction of Vandalia Court is that they can not order people to do things. The courts downtown can order something to be torn down but the Vandalia court can not. Sometimes it takes more time than the city would like to get a problem handled but eventually they get everything resolved. Sometimes, a person will plead guilty but then not correct the problem. Most of the city ordinances state that every day that residents are still in violation can be an additional fine so the city has to take them to court a second time before they correct the situation. The Vandalia Court does not have the jurisdiction to tow a car or force residents to comply but the city is seeing improvement in the resolution of zoning violations.

5. Mayor Packard 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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March 14, 2005

Mayor Packard called the City of Union council meeting to order. The meeting was held on Monday evening at 7:30 p.m. on March 14, 2005.

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 Denise Winemiller, Clerk of Council, and Joseph Moore, Law Director.

Mayor Packard called for a moment of silence.

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

2. Citizens and Visitors comments

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

3. Open Agenda

Mrs. Terry announced that the Easter Egg hunt will be held on Saturday, March 19, 2005 at 10:30 a.m. at Union Elementary. She invited everyone to come. There were be cookies, punch, and egg hunt, prizes, and the Easter bunny will arrive in the city fire truck. Mrs. Terry thanked Mayor Packard and his family for their assistance, the Hissong family, and the fire department for delivering the Easter Bunny.

Mrs. Winemiller said she had a prepared statement concerning the referendum petitions for Ordinance 1334.

Upon return of Referendum Petitions of Ordinance 1334 from the Board of Elections of Montgomery County, the Clerk of Council for the City of Union, Denise Winemiller, hereby declines to submit the referendum to the electors of the municipality.

The petitions submitted to the clerk fail to comply with Ohio Revised Code and appropriate case law. The relevant law requires the petitions to be signed by 10% of the number of electors who voted for governor in the most recent general election. The Board of Elections verified that the petitions contained 178 valid signatures. They also verified that 1894 electors voted for governor in the most recent general election. 189 signatures were required. The Referendum Petitions submitted for Ordinance 1334 did not meet the legal requirement for signatures and did not meet another legal requirement concerning referendum.

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

Respectfully submitted,

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

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March 28, 2005

The City of Union council meeting was called to order on March 28, 2005, Monday evening at 7:30 p.m. Attendance was taken and the following council members were present: Mr. Bruns, 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.

Mrs. Terry had not called in and her absence was not excused.

Mayor Packard said that item # 7 needed to be added to the agenda so he moved that the agenda be amended with the addition of item # 7. 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 minutes from the March 14, 2005 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. Citizens and Visitors Comments

Mayor Packard asked if there were any comments from the citizens and visitors in the audience that did not pertain to the public hearing. There were no comments.

3. Public hearing on a proposed zoning change on property located south of Old Springfield Road on the east side of Frederick Pike in Montgomery County, from Residential-3 (R-3) to Residential-4 (R- 4), Residential-5 (R-5), and Commercial-1 (C-1).

Mayor Packard opened the public hearing. Mayor Packard asked the audience if there were any residents or visitors in the audience that needed to speak and he asked them to complete the required form. Mrs. Winemiller distributed additional forms to the audience.

Mayor Packard then asked anyone wishing to speak to stand and be sworn in. After the people were sworn in, Mayor Packard asked the residents to state their name and address, and that they have been sworn when they were called upon.
Mr. Applegate said this public hearing was for a re-zoning change on property located south of Old Springfield and east of Frederick. The application has been submitted by Oberer Development. They are requesting a change from R-3 zoning to R-4 zoning, which allows single family homes and doubles, in an area that is 31.56 acres, another part is a change from R-3 to R-5, which is 28.94 acres and allows single family, doubles, and multi-family. This ground would be for four family units and Mr. Applegate said there would be a presentation on that by Oberer Development. The third section of the property is zoned R-3 and the proposed change is to C-1. That area is 11.73 acres and is located in the corner.
Mr. Applegate added that the zoning change has been advertised as required by law and the adjoining property owners have been notified of the public hearing and the proposed zoning change.
Mr. Applegate introduced Mr. George Oberer.

Mr. Oberer said he was representing the Oberer Development Company and that he had been sworn.
Mr. Oberer said his company is currently the one that is developing the Stoney Crest Development in the City of Union. This new development will be a continuation and expansion of the Stoney Crest project. Mr. Oberer said his company specializes in creating communities and residential neighborhoods.
The proposed zoning change has been divided into three separate concepts, as outlined by Mr. Applegate earlier. This will be a neighborhood area of medium density with a higher quality of multi-family and commercial areas for neighborhood use. Mr. Oberer displayed the concept plan showing the
entryway. There will be an entry on Frederick Pike and on Old Springfield Road. The area will have the same landscaping, architecture, etc. as Stoney Crest. The same homeowners association will be involved and the residents of Stoney Crest would be permitted to use the pool and amenities of the new development.
Mr. Oberer showed a concept of what they are considering for the multi-family area. He said he would be willing to answer any questions that the audience might have.

Mr. Beyer said that the planning commission had received some deed restrictions and he asked that they go over that.
Mr. Oberer said the planning commission only gave them a favorable recommendation on the development after Oberer made some changes, particularly concerning the multi-family use. Mr. Oberer said one of the restrictions was to have a deed restriction placed on the property that no more than four units would be built within any one building and that every unit would have an individual entryway with no common corridor or stairs. Mr. Oberer said it was not their intention to sell the property or build rental units. Other terms are that the maximum density would be eight units per acres, that no building would be more than two stories high, that the house size would be a minimum of 1,100 per two bedroom home and 1,200 per three bedroom home, and all homes would have a two car garage. There would be, no private driveways for individual units cutting into Old Springfield Road, a fifty foot right of way set back on Old Springfield Road, and the exterior facade would consist of natural materials, brick, stone, glass,
etc. Vinyl siding would not be permitted.

Mayor Packard recognized Chris Whittaker of 1275 Old Springfield Road, who said he had been sworn.
Mr. Whittaker asked what the C-1 area was for. Mr. Oberer said that it would be intended for neighborhood commercial area, convenience food operations, a sub carry out or small restaurant or small grocery store.

Mayor Packard recognized Joyce Edgington, from1237 Old Springfield, who said she had been sworn. Ms. Edgington asked if they had connected with the airport concerning this development.
Mr. Oberer said that they have obtained the airport noise information and the development is not in conflict with that.

It was also clarified that the four units properties would be individually owned and there would be a homeowners association. Ms. Edgington said she would have liked to see the concept plan. Mr. Oberer said when he mentioned that their company may not build all the buildings, he only meant that another company may come in and build it but the concept would be the same as the concept presented.
Mr. Bruns clarified that there would not be anything built other than the four unit structure or something similar to what was being presented.

The deed restrictions cannot be changed, even if the property was sold to another developer.

Mr. Oberer said this would not be a gated community but it would have private streets.
Mayor Packard said that Mr. Oberer had made revisions that the planning commission had requested and had come back three times before the concept was approved.
They discussed the "pin wheel" design for the four unit homes where typically, only one garage door can be seen from any one side. Each unit has their entryway.
Mr. Oberer said that all of the green space and the area in the right of way would be the responsibility of the homeowner's association, landscaping, private streets, retention area, etc.

Mr. Bruns pointed out that the city would not be responsible for street maintenance or clearing the streets of snow, leaves, etc. Mr. Oberer said that was correct. The residents would continue to pay taxes to the city but the city would not be expending funds to maintain or service the streets.
Mr. Oberer said this development was targeted for the "empty nester" couples so there would not be much impact on the school system.

Mayor Packard asked Mr. Applegate to address the water and sewer issue. Mr. Applegate said the city had annexed and re-zoned land along Jackson Road to Light Industrial. This development will allow the extension of the water and sewer and the city can start promoting their industrial area.
Mr. Oberer said if the city would approve this, he would appreciate the choice of a quick approval, passing the ordinance as an emergency, so they could move the development along and have the utilities extended as soon as possible.

Since there were no more questions or comments, Mayor Packard closed the public hearing.

4. FIRST READING - ORDINANCE 1350 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. (three readings)

There were two items on the agenda for Ordinance 1350. Mayor Packard said the first item would be going through the three reading process and the second one was to be declared as an emergency. In response to Mr. Oberer's request and the city's desire to have the water and sewer lines installed to the area, there was no action on the ordinance requiring three readings.

5. ONE READING - ORDINANCE 1350 - 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 that Ordinance 1350 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance 1350. Mr. Beyer seconded the motion. All concurred and emergency ordinance 1350 was adopted.

6. ONE READING - ORDINANCE 1352 - AN ORDINANCE ACCEPTING THE ANNEXATION OF 7.12 + ACRES, MORE OR LESS, IN UNION TOWNSHIP, MIAMI COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance deals with the city accepting the annexation. The property is located in Union Township, Miami County and includes the VFW Memorial Post 8211, Mr. and Mrs. Paul Tripp, and Mrs. Jean Kendall Brown's house. Due to their eagerness to be in the city and the length of time already spent for the annexation process, the staff recommends that this be passed as an emergency.

Mr. Bruns moved that Ordinance 1352 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance 1352. Mr. Beyer seconded the motion. All concurred and emergency Ordinance 1352 was adopted.

7. ONE READING - ORDINANCE 1353 - AN ORDINANCE AUTHORIZING A CONTRACT FOR THE MOWING OF PUBLICLY OWNED PARKS, FACILITIES AND ROADWAYS WITHIN THE CITY OF UNION. (waive three readings)

Mr. Applegate said this ordinance would authorize the city manager to enter into a contract for the mowing of publicly owned properties in the City of Union. Mr. Applegate said they recommend going with RB Services. The contract would be for a three year term. RB Services have been doing the city's mowing for the last twelve years and has always done an excellent job for the city.
They are not the lowest bidder but they are the most favorable and the best for the city. Over the three year contract, there is less than $100.00 difference. Mayor Packard also pointed out that RB Services is local to Union.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1353. 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 1353. Mr. Beyer seconded the motion. All concurred and Ordinance 1353 was adopted.

8. Open Agenda

Mayor Packard thanked the residents for showing an interest and attending the public hearing. He complimented the appearance of the Stoney Crest Development.

Mr. O'Callaghan asked about the city installing a water line. Mr. Applegate said they were running water and sewer up State Route 48, as part of their statement of services for a new annexation area.

Mr. O'Callaghan said the city had their annual Easter Egg Hunt, organized by Mrs. Terry with assistance by Mayor Packard. Mr. O'Callaghan said it was very well organized and well attended, with Easter baskets, a raffle, and other activities. Mr. O'Callaghan said he wanted to thank the Terry and Packard families for doing an excellent job.
Mayor Packard thanked the Hissongs for their help also.

Mrs. Goudy asked if it would be possible to have a community action clean up day to assist senior citizens. She was thinking of getting the Boy Scouts involved and doing some kind of community service. Mayor Packard asked if she would like to consider organizing something like that and getting the word out. He said he thought it was a good idea. Mrs. Goudy asked Mr. Moore if there would be any legal problems and he said he knew it had been done before and did not think it would be a problem.

Mr. Hissong thanked Mr. Oberer for coming in and thanked him for his presentation. Mr. Oberer said he appreciated the input from the city staff on the new development.
Mrs. Winemiller asked if Mrs. Terry had called and she had not so her absence was not excused.

9. Mr. Beyer moved that the council meeting be adjourned. Mrs. Goudy
seconded the motion. All concurred and the council meeting was adjourned.

Respectfully submitted,

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

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