Union City Planning Commission and Board of Zoning Appeals Meeting Minutes
 
Third Quarter 2001
 
July 10, 2001, Meeting Minutes
Aug. 14, 2001, Meeting Minutes
 
 

July 10, 2001

PLANNING COMMISSION MINUTES

Members Present:
Lawrence Beyer
Glynn Marsh
Mayor Packard
Dale Shields
Lynne Thomas-Roth
 
City Staff Members Present:
John Applegate
Janet Hamilton
 
The Planning Commission meeting was called to order by Mr. Shields. Attendance was taken and all of the planning commission members were present.
1. Mr. Shields asked if there were any additions or corrections on the minutes from the June 12, 2001 meeting. There were none so Mr. Packard moved that the minutes be accepted. Mr. Marsh seconded the motion. Mrs. Thomas-Roth and Mr. Beyer abstained and the other planning commission members voted for the motion. The minutes were accepted as prepared.
2. 01-08 Preliminary plan for MG Commerce Park
Mr. Applegate introduced the property owner, Thomas Miller.
Mr. Applegate distributed prints of the property which indicate the location of the existing hanger.
Mr. Miller said that currently, there are no tenants and that there will be a small tool shop, but no large businesses. He is just preparing for the future. He will come back later with a final plan showing more details like the storm water system.
When asked about a buffer, Mr. Miller said there were trees between the park area and the residential area.

Mr. Beyer moved that the preliminary plan for MG Commerce Park be accepted. Mr. Shields accepted the motion. All concurred and the motion was passed.
3. 01-09 Preliminary plan for undeveloped sections of Irongate Estates.
Mr. Applegate said that Byron Firsdon, Bruce Anderson, and a representative from Ryan Homes was present.
Drawings of the preliminary plans were distributed to the planning commission members.
Mr. Applegate said they have met the requirements concerning extending the water and sewer lines to the west property line along Phillipsburg-Union Road and they have committed to expand curb and sidewalk in front of the parcel of ground that is located outside the city.
They have complied with the city's request to provide a street off of Irongate Drive to the west called Lantern Trail, for anything to be built in the future to the west. Mr. Applegate said these items addressed the concerns that the staff had.
Mr. Packard asked how the meeting went with the residents at Irongate Estates. Mr. Firsdon said the meeting went very well and they were able to answer many of their questions. The new layout was shown to the existing residents and most of the people seemed to be receptive to the idea. Mr. Firsdon said they followed up with a letter to the residents and invited them to see Ryan homes in other locations.
Mayor Packard said some people were concerned about the change in the street scape. Mr. Anderson said some roads were 32 feet wide and some were 28 feet wide and they explained that to the residents. He said they would be making an actual pond instead of just a detention pond and they talked about a new entrance way to the development which would be considered the major entry way.
Mr. Firsdon said they will make the new entrance way very attractive with the pond and hope to draw residents in that way, and cut down on the traffic coming in through the other sections. He said they want to have the least amount of impact to the existing homes. Mr. Firsdon said they will be able to come through that entrance way to get to the first sections of Irongate Estates when they start building the new homes.
Mr. Beyer asked about the subject of bracing that was contained in the memorandum of understanding that was presented to the city. Mr. Applegate said since the city was allowing the Thermo-ply to be installed instead of the subsheeting, this would be an additional support - a back up to the structural corners even though the subsheeting carries the same strength and structural quality as the OSB board.

Mr. Applegate said one thing that needed to be discussed was that on Item 7 in the memorandum of understanding, it says that the model will have a brick facade. Mr. Applegate said it was his understanding that the model would be all brick. He said there was a difference between what was in the minutes from the last meeting and what was in the memorandum of understanding.
Mr. Shields and Mr. Packard said they had expected the model to be all brick. Mr. Marsh said he felt an all brick model would have a tendency to set the precedent for the other homes to follow.
Mr. Applegate asked Mr. Firsdon if it was correct that Ryan Homes did not build an all brick home.
Mr. Firsdon said that none of their homes show brick all the way around the house but the front of the homes are predominantly brick. He added that they didn't do as good of a job of explaining the design of the homes and the memorandum of understanding is how they saw the items set up by the planning commission.
Currently, Ryan Homes does not offer an all brick home.
Mr. Firsdon showed the commission members where the model would be located, on Lot 54. The house would sit at an angle and the lot would be well lit, with the brick on the front high lighted. The gables of the home would not be prominently visible from Phillipsburg-Union Road.
The Ryan Home representative said the surrounding lots would be left empty but will be sodded to show off the model.
Mr. Applegate asked if they could get some additional landscaping on the homes that would be backed by Phillipsburg-Union Road, lots 148,149,and 150 to hide the rear yards. Mr. Firsdon said he thought they could put in some fir trees.

Mr. Shields recognized Mr. Greg Behrens from the audience who asked about the brick in the development. Mr. Applegate said all the homes in the first four sections would all have a brick facade in the front. The proposed model would have brick in front.
Mr. Behrens asked if there would no brick homes offered unless the customer requested it. Mr. Applegate said that is what they were trying to determine. Mr. Behrens said this was the first that the possibility of no all brick homes had been mentioned.
Mr. Firsdon said they had explained that the new sections, 5 through 8, that they would have the prerogative of building non-brick homes.
Mr. Beyer asked if an all brick home could be purchased from Ryan. The representative said they have one all brick ranch home but it is not offered in the two story homes.
Another resident said that siding had not lasted on Mr. Behrens home and did not do well in that area. Mr. Behrens said it was probably from the western winds. Mr. Shields said Ryan Homes used a thicker and more rigid siding and it should hold up better.
Mr. Beyer said he had lived in a Ryan home for seventeen years and he has never had any problem with the siding.
Mr. Behrens said he had a couple of questions and wanted to make a statement. He said a vision of how Irongate Estates would look was presented to homeowners that bought into the subdivision. He said the vision has now changed and that is what they are concerned with. He asked if Unibilt Homes had come in and wanted to build their style homes behind them, could the planning commission do anything to stop them. He was told that as long as a builder met the building regulations, the planning commission could not stop them.
Mr. Behrens was concerned about "marrying" the two sections together and he said they felt like there was nothing the residents could do but they asked that their investment be protected. They still wanted all brick homes or at least brick fronts. He asked for Ryan Homes to assure them that a percentage of the homes would have brick fronts. He said all brick facades would help marry the two areas together.
The second request was that they continue to have larger homes as far as square footage.
His third request was to adjust the property lines for the properties directly behind his lot and two others. Mr. Behrens said it would improve the appearance behind his house and the property lines would line up better.
There was also a question that houses 1400 square feet would be allowed with a basement. Mr. Applegate said basements that were totally finished would be considered part of the living space and would be included into the square footage of the homes.
A resident said that were a lot of problems with a home in Irongate Estates that was a house with smaller square footage. He said he was afraid of the type of people that smaller homes attract. Mr. Beyer said that he lived in a 1000 square foot home and that frequently they were older people or younger people without children and smaller square footage homes did not necessarily draw lower quality residents.
Mr. Behrens said he moved from a 1600 square foot home and went to a larger square footage home because he liked the vision presented in Irongate Estates and he wanted to keep the standards as high as he could.
Mr. Beyer said they had been excited about the plans for Irongate Estate. He said the vision has changed but it was not the homeowners fault or the city's fault. The economics of the individual companies were what had affected Irongate Estates.
Mr. Applegate said the first question was about the brick facades. Sections one through four will still be brick facades. Mr. Applegate asked if the representatives from Ryan and Mr. Firsdon's group would answer the question and work with the people since the city can not answer the questions or require all brick facades.
Mr. Firsdon said they were respectful of the current citizens. He said once they see how the area would be built up, they would feel more secure with the way the development would go. But, Mr. Firsdon said he could not guarantee that they could do certain things.
Mr. Beyer said they were guaranteeing certain things that were included in the memorandum of understanding. Mr. Firsdon said that it was more of a marketing decision that would determine the brick facades and they didn't want to be locked into a certain percentage.
Mr. Firsdon said when people come in to buy a 130,000 dollar home they would usually buy something much more expensive, like a 140,000 dollar or 150,000 homes. Sometimes, Mr. Firsdon said they don't know what they can afford until they sit down and the process is explained to them. Mr. Firsdon said Ryan Homes would be motivated to sell the larger homes. He said a larger percentage of homes would probably have brick but he couldn't guarantee a certain percentage.
The representative from Ryan Homes said they chose Union because they would not be required to build all brick and they chose Union they thought there was an opportunity to sell homes. He said they studied the market and they thought there would be a significant portion of homes that would have brick but they could not guarantee a percentage. He said people like brick and would tend to chose brick homes but what drew people in to look at the homes was the price.
Mr. Shields asked what the price difference was for a home to add brick facade instead of siding. The Ryan representative said on the model, it would be $8,000 more for front brick facade.
The value of the model would be approximately $225,000. Mr. Shields said for $8,000 extra, he would go with the brick front.
The Ryan representative said sometimes, if it is a first time buyer, they would not be able to afford it but other people would probably choose that option. He thought the 1700 to 2000 square foot homes would probably be the most popular for the development but he thought they would probably see a few smaller homes.
Mr. Applegate said homes in Union Ridge started at $109,00 but they were all sold for higher than that. The lower price was to get the buyers to look at the homes.
The Ryan Home representative added that fifty-four percent of Ryan home buyers choose finished basements and sixty-two percent of the home buyers choose morning rooms which is a rear extension. The basement adds approximate three hundred-fifty square feet and the morning rooms add an average of one hundred sixty square feet. When they talk about the square footage of homes, they are not including those extra figures. He said on an average, they build over 2,000 square foot homes.
Mr. Beyer said the city could not force them to build all brick, or brick facade, (Mr. Applegate said the compromise would be brick facade in sections one through four), and the model will be a full brick facade.
Mr. Shields said the memorandum of understanding just says "some brick". The Ryan Home representative said all the homes would have some brick, for instance, depending on the design, you could not have all brick if there were certain overhangs, etc.
In response to a question from the audience, a resident asked how the existing Irongate Estates would be marketed. They said Mr. Temple will continue to build and Mr. Firsdon said they just sold a lot to another builder. They also had a third builder looking at the lots.
All the sections will be marketed.
Mr. Anderson said small builders love it when Ryan Homes comes in because they bring in people. For instance, if a customer wants a style of home that Ryan does not build, they would refer them to another builder in the area.

Mr. Firsdon said he needed to make a correction on the memorandum of understanding. He said in Paragraph 8, they mention sections six though eight and that it should be corrected to read sections five though eight.
Mr. Applegate said the city was now in the process of changing the square footage of requirements in their regulations because the existing regulations allow the inclusion of covered porches and terraces to be figured in the square footage. The city feels that a builder is taking advantage of that and is building a house less that the 1400 square foot requirement but is including two porches on the building.
Mr. Applegate asked about the change requested by Mr. Behrens in property lines.
Mr. Behrens asked that the existing homes have their property lines changed.
Mr. Winemiller said he was trying to get a reasonably sized lot worked in that area to accommodate a house. Mr. Winemiller said he could make the corner lot a little bigger.
In response to another questions, Mr. Firsdon said fences are permitted in Irongate Estates.
Mr. Shields said he would not like to look diagonally into someone's house - he would prefer to see the houses back to back.
Mr. Firsdon said only two lots would be impacted. Mr. Firsdon said they would try to slide the property lines down some.
Mr. Applegate said this was still a preliminary plan and sometimes in the final design, a lot could be lost.
Mr. Beyer said the only correction in the Memorandum of understanding was going from "six" to "five". Mr. Beyer said when Mr. Applegate signed the agreement, what enforcement would be available. Mr. Applegate said if necessary, they would take the developer to court.
Mr. Marsh asked if the development needed more than one new exit. Mr. Applegate said he had talked to Mr. Oaks, the traffic engineer and they believe the less exits, the less traffic there will be going through the town.
Provisions will be made for utilities, extended to the west property lines.
Mr. Beyer moved that the city accept the preliminary plan and agenda item 01-09, with the addition or provision that paragraph 8 of the memorandum of understanding be corrected and also that Mr. Winemiller adjust the property lines as best as possible on the plan as discussed. The lots are 24 through 27.
Mr. Beyer said the memorandum of understanding is attached to the preliminary plan so it will be included in the motion.
Mayor Packard seconded the motion. All concurred and the motion was passed.
4. Mr. Beyer moved that the meeting be adjourned. Mayor Packard seconded the motion. All concurred and the planning commission meeting was adjourned.
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Aug. 14, 2001
 
BOARD OF ZONING APPEALS MINUTES
 
Members Present:
Lawrence Beyer
Glynn Marsh
Mayor Packard
Dale Shields
Lynne Thomas-Roth
 
City Staff Members Present:
John Applegate
Denise Winemiller

Mr. Shields called the Board of Zoning Appeals meeting to order. Attendance was taken and all of the board of zoning appeals members were present.
1. Mr. Shields asked if there were any additions or corrections for the minutes of the May 8, 2001 meeting. There were none so Mr. Beyer moved that the minutes be accepted as prepared. Mr. Marsh seconded the motion. All concurred and the minutes were accepted.
2. 01-10 - Zoning variance requested by Jeff Testerman of Steel Framed Custom Homes for the side and rear yard requirement for a new home located at 101 Sue Circle, Lot 17.
Mr. Applegate said Mr. Testerman was present. The side yard requirement is ten feet and the measurement from the side yard to the proposed house is 9.51 feet.
 
The rear yard requirement is thirty, and he would like to have a measurement of fifteen approved. Mr. Applegate suggested they look at the last page of the application. The plot plan shows that the house is a corner lot. The size of the home is 2600 square feet and the owners are aware of the reduced rear yard and do not want all of the yard to mow. Taking that into consideration, Mr. Applegate said the staff recommends the approval of this variance.
Mr. Beyer also said this home will have a full basement. Mr. Beyer suggested Mr. Testerman tell the board about the people wanting to have the house built. Mr. Testerman said that the new owner had an accident and broke his neck. He is having trouble taking care of their five or six acre lot and they want to simplify their life and have less maintenance.
Mrs. Thomas-Roth asked if there were homes behind the property. Currently, it has not been platted and Mr. Applegate said that was good because a person buying the lot directly behind the house, would see what was being built and the house's location on the lot.

Mayor Packard moved to grant the variance in the side and rear yard for 01-10. Mr. Beyer seconded the motion. All concurred and the variance was granted.
3. Mr. Shields moved that the Board of Zoning Appeals meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the Board of Zoning Appeals meeting was adjourned.
 
 
PLANNING COMMISSION MINUTES
 
Members Present:
Glynn Marsh
Mayor Packard
Dale Shields
Lawrence Beyer
Lynne Thomas-Roth

City Staff Members Present:
John Applegate
Denise Winemiller
 
 
The Planning Commission meeting was called to order by Mr. Shields. Attendance was taken and all of the planning commission members were present.
1. Mr. Shields asked if there were any questions or corrections for the minutes of the July 10, 2001 meeting. There were none so Mr. Beyer moved that the minutes be accepted. Mr. Marsh seconded the motion. All concurred and the minutes were accepted as prepared.
2. 01-11 - Final plat application for Stoney Crest Development, Section 1, from Oberer Companies.
Mr. Applegate said they had the final plans for Section 1 of Stoney Crest Development. They are still working on Section II.
This section is off of Old Springfield Road where the horse farm is. The plans have been sent down to Woolpert for review. Mr. Applegate requested that this final plan be approved contingent upon the final review from Woolpert Consultants. This plan does meet the standards laid out by the Union code and what was approved in the preliminary plan.
In response to Mr. Marsh's question on the ground breaking date, Mr. Oberer said they were already doing test holes and once they got the approval from Woolpert, they would get started.
Mr. Beyer moved that 01-11 be approved pending review by Woolpert. Mayor Packard seconded the motion. All concurred and the final plan for Stoney Crest Development was approved.
Mr. Applegate said when they start the other section, they will tie both sections in together. Mr. Oberer said they hoped to be in by the next meeting for Section II.
3. 01-12 - Final plat application for Irongate Estates, Section 5, from Byron Firsdon.
Mr. Applegate introduced Mr. Firsdon, Mr. Anderson, and their engineer, Mr. Winemiller. This is a subdivision that has also been submitted to Woolpert for the final review. They have already made a few changes. Mr. Applegate said he wanted to point out that Mr. Behrens, who was present at the last meeting, wanted the lot lines behind his property adjusted and according to the engineer there was no way they could adjust those lot lines.
Mr. Winemiller said to insure that the lot was big enough so they would not have to apply for a variance, he called Ryan Homes and got the size of a 2000 square foot home and there was no way that the size of the lot could be changed.
 
Mrs. Thomas-Roth asked how much the second lot behind Mr. Behrens would adjoin his lot. Mr. Applegate said it was approximately fifteen feet. Mr. Behren's lot was 95 feet in length and 120 feet wide. Mr. Applegate said the office did call Mr. Behrens and leave a message that the final plan for Irongate Estates was on the agenda for the August 14 meeting.
Mr. Marsh asked if the 1.496 acres in the front was for the stormwater detention pond. Mr. Applegate said that was the original plan but now it will be an actual pond that will hold five to five and a half feet of water. Mr. Applegate added that they still have to meet the storm water requirements and there will probably be a natural water source in that area.
They discussed the location of the model and that it will have a side entry garage.
Mr. Marsh asked if they had any drawings of the proposed entry way. Mr. Firsdon said they had the rendering that they brought in last time but they did not have any completed drawings yet.
Mr. Marsh said there had been a conversation about creating a new main entry way and he was curious to see what it looked like. They will make the existing entry way the secondary entrance to the development.
The developers are still talking to Mr. Blevins, who lives next to the development, but in the city of Clayton. They will be making some improvements in front of his property. Mr. Applegate said he would need to talk to Mr. Firsdon and Mr. Blevins about a fifteen foot easement on Mr. Blevins property.
Mr. Firsdon asked if Clayton would have a problem with that and Mr. Applegate said Union actually owns the right of way on both sides of the road.
Mr. Marsh asked when they would be starting and Mr. Firsdon thought it would be within the next twenty-five days.
Ryan Homes is preparing to get a permit for the model home.
 
Mr. Applegate said accepting this final plan would be
contingent upon the plans meeting the approval of the engineers at Woolpert.
Mayor Packard moved to accept the application once they receive the approval of Woolpert. Mrs. Thomas-Roth seconded the motion. All concurred and the final plan for 01-12, Irongate Estates was passed.

4. 01-13 - Final plat application for Lindeman Commons, Section 4.
Mr. Applegate said that Mr. Thomas Winemiller, the engineer, was present. The city has done a preliminary review and the city has those comments, several which Mr. Winemiller has already addressed.
Mr. Winemiller said they have complied with all of the requests from Woolpert. The amended covenants have not been recorded yet. Mr. Applegate said he did have a copy of those that had been dropped off by Mr. Lindeman.
Section 4 basically complies with the preliminary plan that was approved and Mr. Winemiller has already addressed the comments from Woolpert. Mr. Applegate said they recommend the approval. This is a continuation of the first section. There are two more sections to be developed after this.
There is a total of 67 lots in the entire plat. The remaining two sections will have eleven lots. The same type of homes will be built.
Mr. Marsh commented that Magdelena, the existing road was already in place. Mr. Applegate said they have provided the city with the easement needed for stormwater and sanitary to cross the next section so the city can now get that recorded. That can be tied into Concord Farm West.
Mr. Marsh added that there is not much additional water and sewer work to be done.
 
Williams Way is the only street that dead ends but in the future, it will tie into Fitchburg which ties into
Martindale Road.
Mr. Winemiller said he thought Mr. Lindeman was ready to start and was concerned about having lots for sale. Mr. Applegate said Mr. Lindeman thought he would get started within the next two weeks.
Mr. Beyer moved to approve the application for the final plan pending the final review from Woolpert. Mr. Shields seconded the motion. All concurred and 01-13 was approved.
5. 01-14 - Final plat application for Concord Meadows, Section II.
Mr. Applegate said that Mr. Knobler and Mr. Moe, the engineer was present at the meeting. They were there for the final plan for Section II. The plans were currently at Woolpert to be reviewed. Mr. Applegate has made several notes to the engineer of items that need to be corrected. He said he wished to point out one item. On page 3 of 9, in the original plan, there was a detention pond but the city has not yet obtained an easement that is needed so that can be tied in. What is shown on the drawing is a temporary structure. The city is working on what it would take to get this improvement done. The design has been put together and will be reviewed by Woolpert. It is a little different system. Everything else is in compliance.
Mr. Marsh asked if the lot sizes as drawn, would accommodate the JZ doubles. Mr. Knobler said they have been building doubles and have not had any trouble yet. They are even doing some three bedroom doubles.
Mr. Marsh said he thought Mr. Knobler and his associates have been a tremendous asset to the City of Union. He said indirectly, it was because of Mr. Knobler that they had other developments on the agenda, because of his aggressive advertising campaign for his existing development, they have made more people aware of this
community and it has been to the benefit of the community.
Mr. Knobler said they have been very popular and would have many lots for sale. He said so far they have had modest success in Concord Meadows. He said it was an open market and he had some anxiety about all the development but it was nothing that the city or anyone could do about it. The community was growing.
Mr. Applegate said when you look at Oberer Development, those are homes that Mr. Knobler does not build. Those are homes from 175 to 350 thousand dollars. Ryan homes would be the closest similar style homes but would be looking at 2000 square feet. Lindeman Commons sets its own stage and has it's own requirements.
Mr. Applegate said they were lucky to have three major builders in the city and actually a total of five builders when most cities would give their eye teeth to have one builder. Mr. Applegate said this would bring people into the area and the variety should give the people the type of home that they are looking for.
In the survey taken in 1993, what people said they wanted was homes to step up into, and the city has done that.
The market is slow overall but Mr. Applegate thought it would turn around. Mr. Knobler said the city trying to spruce up the buildings on State Route 48 would make a good impression. Mr. Applegate said they did have funding to extend State Route 48 improvements up Phillipsburg-Union Road.
Mr. Beyer moved that they approve the final plat application of 01-14, with the contingency that it would need to be reviewed by Woolpert. Mayor Packard seconded the motion. All concurred and 01-14 was approved.
 
Mr. Applegate said he needed to bring up another item for Midlife Development. No one can pronounce the Pinot Noir street name. The proposal was to change the name to Burgundy Drive.
Mr. Beyer moved that the name be changed from Pinot Noir to Burgundy Drive. Mrs. Thomas-Roth seconded the motion. All concurred and the motion was passed.
Mr. Shields said he was supposed to bring up the matter of fences.
Mr. Applegate said the ordinance concerning fences was defeated at the council meeting. He said the vice-mayor had asked councilman John Bruns to attend the meeting and present his case so Mr. Applegate introduced John Bruns. He said Mr. Bruns has gone through some information that was originally collected from other communities and that the City of Kettering is the only city that leans towards Mr. Bruns point of view.
Mr. Bruns said one copy he passed out to the members was an excerpt from Kettering. Mr. Bruns said this gives the option on changing the requirement for the finished side of the fence.
Mr. Bruns said everyone agrees with the first paragraph, which prohibits fences in the front yard that are wire or chain link. He said he has kept the first paragraph and modified the second paragraph, making it like the regulations in Kettering.
Mr. Bruns said they could let the matter drop or come forward with a new ordinance.

Mayor Packard said, for the record, he had invited the other councilmembers that had voted against the ordinance to attend the meeting and they had said they would be at the meeting but they were not present.
 
Mr. Marsh said since they have been through the procedure twice before with public hearings and having the ordinance written and it had always been unacceptable to the council.
Mr. Bruns said if the council looks at this again, he would vote for this and he thought another councilmember would accept this ordinance. They would only need one vote.
Mr. Applegate asked if Mayor Packard was happy with the corrections of the ordinance because he had changed his vote.
Mr. Applegate said he agreed with Mr. Marsh - they had taken this matter up twice before and it has failed both times. Mr. Beyer agreed that there was no point in presenting it to the council unless they thought it would pass. Mayor Packard said they have finally come out with a good ordinance and he felt the other councilmembers would be satisfied.
Mr. Applegate said this information from Kettering was provided in the first packet of information from several years ago and again recently to both the planning commission and the council.
Mr. Applegate said it went through the process once and failed, a second time and was tabled, and a third time and it failed. He said the council should think about what they were doing.
Mr. Applegate asked if everyone was happy with the way this was written. Mr. Beyer asked if the law director could look at it.
Mr. Applegate said he would call Kettering and see if they had any trouble with the ordinance. Mr. Applegate said they keep trying to raise their standards on how the community looks. Mr. Applegate said he felt they do need this.
 
Mr. Applegate said if this passed, they would have to see what was already out there so they would know if someone put up a new fence, that they would be in compliance.
Mr. Marsh felt that the ordinance should contain a way to get around the ordinance to handle exceptions.
Mr. Applegate said existing fences would be left as is, and if a fence was taken down and replaced immediately, that would be acceptable.
Mr. Beyer moved that the revised fence ordinance as prepared by Mr. Bruns be presented to the law director for review and any necessary changes and that it be presented to council for a public hearing. Mayor Packard seconded the motion. Mr. Marsh voted against the motion and the other councilmembers voted for the motion. The motion passed.
Mr. Beyer said the city should prepare a press release since the city had approved four developments within one night. He said he felt it was important.
Mr. Marsh said he felt that Mrs. Rosenbarger of the Dayton Daily News would appreciate it. Mr. Applegate said that they would like to have the information in the real estate magazine section of the Dayton Daily News. He said she had wanted to do a story on the city including information about the new subdivisions.
6. Mr. Beyer moved that the meeting be adjourned. Mr. Marsh seconded the motion. All concurred and the meeting was adjourned.

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