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Mayor Packard
called the October 2, 2000 City of Union council meeting to order.
Attendance was taken and the following councilmembers were present:
Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs.
Shields, and Mr. Beyer. Mayor Packard said that Mrs. Terry was ill so he moved that Mrs. Terry's absence be excused. Mr. Beyer seconded the motion. Mr. O'Callaghan voted against the motion, Mr. Bruns, Mr. Hissong, Mayor Packard, Mrs. Shields, and Mr. Beyer voted for the motion and Mrs. Terry's absence was excused. Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any additions or corrections of the minutes from the September 25, 2000 council meeting. Mr. Bruns said that on page 6, the first paragraph, the minutes should include "All concurred and the motion was passed." Mrs. Winemiller said that correction would be made. Mayor Packard moved that the minutes be accepted with the correction. Mr. Bruns seconded the motion. All concurred and the minutes were accepted with the correction made. 2. Mayor Packard then asked if there were any comments or questions from the citizens and visitors in the audience. Ken Cecil from
137 Concord Farm Road said he and some other residents had some
questions about underground utilities and excavation being extended
to Concord Meadows that will affect twelve homes in the existing
plat. He said he understood that Dayton Power and Light had right-of-way
but he asked if the city had explored any other avenues - like
utilizing the green space in the rear of the properties. Tina Bowers from Concord Farm Road was concerned about the traffic and speeders. They asked Chief Gessner to check into it. Mr. Applegate
said that when they have officers watch for drivers exceeding
the speed limit, most of the people speeding will usually be
the neighbors or people that live in the area. Mayor Packard
said they would work with the residents on the speeding that
was reported in Concord Farms North. 3. Open Agenda Mr. Applegate said the contractor is working six days a week on State Route 48 and they are moving quickly. Mayor Packard welcomed Mark Henry, sitting in for Joe Moore, to the council meeting. Fire Chief Bud Bergman said Fire Prevention Week starts on Saturday. Chief Bergman said October is generally the worst month for fires because heating units are kicking on and people are out burning leaves. He advised everyone to check their smoke detectors and if possible, have an extra one installed. 4. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the October 2, 2000 council meeting was adjourned. Respectfully submitted, _________________________
Mayor Packard called the October 16, 2000 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief. Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any additions or corrections to the minutes from the October 2, 2000 council meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Beyer seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared. 2. Mayor Packard called Chris Guthrie forward. He was sworn in as a full time police officer for the City of Union. 3. Mayor Packard
asked if there were any citizens and visitors comments from the
audience. Mr. Charles Arnett said if the council passed these resolutions, they could rest assured that there would be a law suit against councilmembers. He suggested they listen to a video of a Attorney General Betty Montgomery's opinion on this. Mr. Arnett also said he wanted to comment on Issue 10. Mayor Packard asked if he could wait, they would discuss the resolutions during the meeting when they came up on the agenda. Mayor Packard said Mr. Arnett would be given a chance to comment. 4. ONE READING
- ORDINANCE 1201 - AN ORDINANCE ACCEPTING THE BID FROM BALSBAUGH
EXCAVATING INC. FOR THE INSTALLATION OF JODEAN LANE CULVERT REPLACEMENT.
(waive three readings) Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1201. 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 1201. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1201 was adopted. 5. ONE READING
- ORDINANCE 1202 - AN ORDINANCE AUTHORIZING THE COUNCIL OF THE
CITY OF UNION TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A
USED 1993 FORD DUMP TRUCK FROM CORKY'S WITHOUT BIDDING AND ADVERTISING
AND DECLARING IT AN EMERGENCY. Mr. Bruns moved that Ordinance 1202 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 1202. Mr. Beyer seconded the motion. All concurred and Ordinance 1202 was adopted. 6. ONE READING - RESOLUTION 00-12 - A RESOLUTION SUPPORTING A PROPOSED STREET REPLACEMENT LEVY FOR THE CITY OF UNION. (ISSUE NO. 8) Mr. Bruns
asked if the law director, Joe Moore, had any comments to the
council regarding passing or not passing these resolutions.
Mr. Moore said by their vote, the council, as elected officials,
would be telling the public how they felt about the items. Section
5.09 of the Union Charter says: The council shall have the
power to appropriate and authorize the expenditure of public
funds to provide information to the members of the public in
connection with elections on proposed tax levies and bond issues
for the purposes of the Municipality, and other issues affecting
the Municipality and not involving the election of candidates
to a public office, or the recall of a member of the Council." Mr. Arnett said he had no problem with the city providing information but he was against the city passing a resolution to support providing information. He said the city would not be explaining the issues, like what would be in the newspaper, but that they would publish information to encourage the people to support the council in their decisions on the resolutions. Mr. Moore said everyone on the council could express their opinion on issues. Mr. Bruns read the section of the charter again to the public. Mr. Bruns said he was allowed to state his opinion and that would be reflected in his vote on the resolutions. Mr. Arnett
said the council was trying to "advocate their position."
Mr. Arnett
said Mr. Bruns read the portion of the charter, but Mr. Arnett
said he was talking about the portion in the resolution 00-12
where it says the council encourages the public to support the
street levy. Mayor Packard read the entire resolution, as had been requested. Mrs. Terry
said she was for the street replacement levy but she didn't know
why specific wording where people are asked to vote yes was included
in the body of the resolution. Mr. Bruns moved to have the one and only reading and adopt Resolution 00-13. Mr. Beyer seconded the motion. Mayor Packard asked if there were any questions from the audience on this issue. Mr. Arnett said that on 00-12, he had a correction. He said school board members did not put forth money and if they had a "yes" sign in a teacher's window, they also had to have a "no" sign concerning school levies. Mr. Beyer said he did not say that, he only said that the council was asked by the school board to support the levy. Mr. Beyer said that Clayton or Randolph Township did expend public money on the fire issue. Mr. Arnett then said Steve Roth had lied about Randolph Township paying for his legal fees. Mr. Beyer told Mr. Arnett that he would have to take that up with Mr. Roth. Mr. Kidwell said the levy was not 3 mills, it was 2.2 mills. Mr. Applegate said that was not correct. They would be replacing the levy every five years to keep it at 3 mills. Mr. Kidwell said the auditor's office said it was 2.2 mills. Mr. Applegate said that was because of a reduction factor and the levy would still raise the same amount of money. They had continued to replace the levy every five years, keeping the 3 mills so they would not get behind in maintaining the city streets. All concurred
and Resolution 00-13 was adopted. Mrs. Terry said she liked the way this resolution read because the body of the resolution indicates support but does not use the word "yes". Mr. O'Callaghan said the resolutions were saying the same thing, it was just semantics. Mr. Arnett
said that to clarify what Mr. Kidwell said, when he said the
council would be "charged", he meant when the court
would award a large sum of money, it would be their intention
to collect that from the council that individually voted for
the resolution, not to charge them with a crime. 8. ONE READING - RESOLUTION 00-14 - A RESOLUTION SUPPORTING VOTER APPROVAL OF A REFERENDUM OF CITY ORDINANCE 1170, AN AMENDMENT TO THE UNION CODE WHICH DEFINES THE TERM "STORAGE" (ISSUE NO. 10) Mr. Beyer
moved to have the one and only reading and adopt Resolution 00-14.
Mrs. Shields seconded the motion. All concurred and Resolution
00-14 was adopted. Mr. Beyer moved to have the one and only reading and adopt Resolution 00-15. Mr. O'Callaghan seconded the motion. All concurred and Resolution 00-15 was adopted. Mayor Packard read the entire resolution. Mrs. Terry
asked what would be the difference between the water and sewer
rates for outside of the city. Mr. Applegate said according
to the proposed charter amendment, it would be five percent over
what is charged to the homes inside the corporation limits.
Currently, the city charges more than that. Mrs. Terry mentioned
commercial haulers, like Donley's Water Hauling, and then asked
why they would be charging only five percent when they could
charge more. Mr. Arnett
commented again about the storage of items and if it related
only to trucks. Mr. Applegate said if people have living room
furniture in the yard and are treating it like lawn furniture,
they could be cited. He said they would not cite people for
lawn furniture, garden hoses, etc. Mr. Applegate said they added
the definition of storage because they didn't have a definition
and needed one for dealing with tractor trailers. Mr. Arnett
wanted to explain the ordinance of the storage of trucks. He
says it does relate to the storage of other items and it is misleading
to say it only refers to trucks. 10. ONE READING - RESOLUTION 00-16 - A RESOLUTION OPPOSING THE PROPOSED CHARTER AMENDMENT FOR THE CITY OF UNION RELATING TO VOTER APPROVAL OF ANNEXATION OF NEW TERRITORY BY THE CITY (ISSUE NO. 12) Mr. O'Callaghan moved to have the one and only reading and adopt Resolution 00-16. Mr. Beyer seconded the motion. Mrs. Terry voted against the resolution, the other councilmembers voted for the resolution and Resolution 00-16 was adopted. Mayor Packard read the entire resolution. Mrs. Terry wanted to comment on her negative vote against Resolution 00-16. She said she had a lengthy conversation with Mr. Applegate on this issue and he made some very good points. Mrs. Terry said that Mr. Applegate pointed out that the land she was living on, as well as the land her daughter was living on, was annexed into the city. She said she felt "she could not vote to not give the people the right" to study this issue and she said she trusted them to make the vote that would be the best for Union. Mayor Packard asked Mr. Applegate if there were any ordinances in other cities where voters have the approval of annexations. Mr. Applegate said not that he knew of. Mr. Moore said this was not an ordinance but a charter amendment, or charter provision. Mr. Hissong
said that Mr. Applegate's house was the last house in the original
town and if the people felt that way in the past, none of the
people would be living in the City of Union. Mr. Siegler
in the audience said what Mr. Kidwell just said was contrary
to what he had been saying all evening. Mr. Siegler said the
councilmembers were trying to control the growth. He said he
had heard the council being called names which was completely
uncalled for. 11. Open Agenda In response
to Mayor Packard's question, Mr. Applegate said they had started
picking up leaves. Mr. Beyer
asked how State Route 48 was doing. Mr. Applegate said they
would be pouring curbs by Wednesday, then putting down the base
by the middle of the week and be paving by the end of the week.
That is their intentions if the weather clears up. In response
to Mr. Beyer's question, Mr. Applegate said they do have the
trees purchased for along State Route 48. Mrs. Terry asked why Clayton hasn't put in a sidewalk on State Route 48. Mr. Applegate said sidewalks would be on the west side only, not the east side and that was their choice. Mr. O'Callaghan asked the police chief if any tickets have been written up in the Concord Farm area. Residents had expressed concern about people speeding in that area at the last meeting. Chief Gessner said the officers have been up there, making their presence known but he didn't believe that any tickets had been written. Mr. Beyer said he could vouch for that. He said the neighbors have noticed it and have asked him why there was increased police presence. He said they are glad for the additional coverage. Mr. Applegate
said the fastest anyone had been clocked was 33 to 35 miles per
hour. He said he had contacted Dayton Power and Light and they
will change the route of the electric line feed into the new
subdivision Concord Meadows and submit a new plan to go across
city property as property owners who attended the prior meeting
had requested. Mr. Applegate said most of the people in this room would not be residing in the City of Union if not for annexation. He said annexation has been good for the city. He thanked the council for expressing their opinion. He said that was important because the people that have elected the council would want to know how they feel. He said it was important that the voting public understands the issues and makes a wise decision on how they cast their vote because the issues affect the future of the community. Mr. Moore said he wanted to make an observation. He said the audience has heard that they may be in court after tonight's meeting. Mr. Moore said he wanted the minutes to reflect, with that allegation made, that Mr. Arnett and Mr. Kidwell were sitting right next to each other and that Mr. Kidwell said more than once that he had a tape recorder. Mr. Moore said that while the comments were made, they had been sitting together and tape recording the meeting. Chief Gessner
said that Officer Doug Hacker had left and is working for Englewood.
Officer Guthrie will be taking his place and they would like
to hire another part time police officer. Fire Chief Bergman said he wanted to recognize a local boy scout, Ben Blankenship, who was here for a scouting requirement. Chief Bergman
announced that Fire Prevention Week was observed last week.
There was a fire at a residence and the Union Fire Department
had a good response and were able to save the house. It was
a kitchen fire and had almost spread to the attic. Chief Bergman
said the firemen had done a very good job.
_________________________
Mayor Packard called the City of Union council meeting to order on November 6, 2000, Monday evening. Attendance
was taken and the following councilmembers were present: Mr.
Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan,
Mrs. Shields, and Mr. Beyer. Mayor Packard asked for a moment of silence. 1. Mayor Packard asked if there were any corrections or additions to the minutes of the October 16, 2000 council meeting. There were no corrections so Mayor Packard moved that the council minutes be approved. Mr. Bruns seconded the motion. All concurred and the minutes were accepted as prepared. 2. Mayor Packard asked if there were any questions or comments from the visitors in the audience. Resident Julie Johnson from West Martindale Road asked if the council had received a copy of the opinion from the second appeals court concerning her gravel driveway. Mayor Packard said they had. She then asked if they had read it, then Mrs. Johnson read the last paragraph. Mayor Packard said they had read the opinion. 3. ONE READING - ORDINANCE 1204 - AN ORDINANCE ACCEPTING THE ANNEXATION OF 640.542 ACRES, MORE OR LESS, IN BUTLER TOWNSHIP, MONTGOMERY COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY. (waive three readings) Mr. Applegate
said this ordinance complies with the Ohio Revised code and the
city has waited the required sixty days to accept the annexation
of 640 acres which has been approved by the Montgomery County
Commissioners. Mr. Applegate requested council's approval on
behalf of the city and the residents that signed the petitions
because they want to be a part of the city as soon as possible.
Mr. Applegate also mentioned that one hundred percent of the
property owners within the annexation area had signed petitions
to be annexed into Union. Mr. Bruns moved that Ordinance 1204 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 1204. Mr. Beyer seconded the motion. All concurred and Ordinance 1204 was adopted. 4. Open Agenda Mayor Packard reminded everyone to vote on Tuesday, November 7. Mr. Packard said that each person's vote counted and he encouraged citizens to go out and vote. Mr. Beyer asked about the status of the turn lane on State Route 48, at Concord Farm Road. Mr. Applegate said the equipment is already on the site and they will be starting shortly. Mr. O'Callaghan encouraged everyone to vote. He also thanked Steve Roth on the information that he had put out. Mr. O'Callaghan said it was an excellent letter and the information needed to be said. Mrs. Terry also asked everyone to read the issues and vote. Mr. Bruns wanted to comment that the way Ordinance 1204 was handled by declaring it as an emergency, was part of the normal procedure in passing ordinances concerning annexations, and he cited two recent examples of annexations which were also passed on the first reading, ordinance 1200 and 1199. This ordinance was not treated any differently than others have been. He also encouraged everyone to vote. Mayor Packard welcomed Mark Henry, sitting in for Joe Moore. Mr. Applegate
thanked the homeowners in the crowd that signed petitions to
be annexed and he thanked them for joining with the Union community. Chief Gessner said that last Tuesday, Beggars Night, everything went very well and there were no problems. Mayor Packard said there were a lot of kids out and that he saw a lot of the Union patrolmen out also. Fire Chief Buddy Bergman cautioned everyone to drive carefully - that there were leaves on the road and soon they would have snow. 5. Mayor Packard moved that the meeting be recessed to hold an executive session. Mr. Bruns seconded the motion. All concurred and the councilmembers recessed to an executive session to discuss legal matters. Mayor Packard asked that the City Manager, Clerk of Council, and Paul Courtney, assistant to the Law Director to also attend the executive session. He also stated, action may be taken following the executive session. Mr. Beyer moved that the council meeting reconvene. Mrs. Shields seconded the motion. All concurred and the council meeting reconvened. Mr. Beyer moved that the council authorize the city manager and law director to take necessary action to file an appeal on the gravel driveway case that was just decided by the court of appeals. Mr. Bruns seconded the motion. All concurred and the motion was passed. 6. Mr. Beyer moved that the meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the council meeting was adjourned. Respectfully submitted, _________________________
Mayor Packard called the City of Union Council meeting to order on Monday, November 20, 2000 at 7:30 p.m. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mark Henry, sitting in for Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief. Mayor Packard said that Mr. Beyer had called and said he could not attend the meeting due to illness. Mayor Packard moved that Mr. Beyer's absence be excused. Mr. Bruns seconded the motion. All concurred and his absence was excused. Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any corrections or additions to the minutes from the November 6, 2000 meeting. There were none so Mr. O'Callaghan moved that the minutes be approved. Mr. Hissong seconded the motion. All concurred and the council minutes were accepted as prepared. 2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience that did not pertain to the public hearing before the council. There were none. 3. Public
hearing on the rezoning of property from Agricultural - Residential,
A - R, to Residential - 3 (R - 3) and Residential - 4 (R -
4) on approximately 110 + acres located on the north side of
Old Springfield Road and west of the intersection of Kessler-Frederick
Road and Old Springfield Road. Mr. Applegate indicated the land for the proposed zoning change on a map. Mr. Applegate said the required steps had been done with the notice of public hearing advertised in the paper and letters sent to adjoining properties. Mr. Applegate introduced the developer, George Oberer Jr. and Mark Locke of Oberer Development, who wanted to make a presentation. Mr. Locke
gave a brief history of Oberer Development including what and
where they usually build. The first parcel, proposed for R -
3 zoning, referred to as the Miller parcel, is 56.53 acres north
of Old Springfield Road. The proposal is 138 building units
from the Gold Key Home series with between 1,900 to 3,000 square
feet of living space, with about twenty different home styles.
The Miller property has frontage Old Springfield Road on and the Rohr property has frontage on Frederick Pike. Both roadways would be improved by the standards set by the city and county. Oberer Development will also put in additional green space in several areas. Mr. Locke invited the council to ask him any questions. The price range on the Old Town series of homes runs from the upper $130,000's to $180,000 Mr. Oberer said they would start at $125,000 and go to $175,000. The Gold Key series start at $175,000 and go to $250,000. Mr. Locke
offered to show slides of the different models of homes. Mayor
Packard said that after the slide presentation, he would invite
the audience to make any comments or ask questions. If the zoning is approved, they would plan on starting in spring. Mr. Oberer said there would be a homeowner's association to take care of mowing, and maintenance of the green spaces, etc. Mr. Applegate, at Mr. Packard's request, explained the rezoning process. One parcel has been within the city since 1995, the other was recently annexed this year. Mr. Applegate said all property that is annexed comes into the city as Agricultural-Residential. When someone wants to develop the property, the parcels may go through the rezoning process. Someone from the audience asked about the process, if this would be voted on that evening. Mayor Packard explained the item was on the agenda and would be going through the first of three readings. A member of the audience asked what other zoning possibilities were allowed within Union's zoning code. Mr. Applegate briefly explained the range of zoning from residential to commercial, industrial, etc. Each zoning division has specific requirements on lot size and square footage requirements, etc. Another person asked for the lot size for R - 1. Mr. Applegate said without referring to the code book, it would be a one acre minimum. The minimum requirements on the proposed zoning is 66 foot frontage and a minimum 8500 square foot lot size for R - 4 and for R - 3, 9,500 square foot lot size and 80 foot minimum lot width.. Mr. Bruns asked, for comparison purposes, if Mr. Applegate could give other samples. Both Irongate (lot sizes 80 foot minimum) and Lindeman (minimum of 85 and up) is R - 3 zoning and Union Ridge is R - 3 and R - 4 zoning and those lots are 75 to 85 foot wide on up. Mr. Applegate
reminded the council that this was a conceptual plan only. The
developer is showing lots based on the minimum requirements.
This plan has not been approved or gone through planning commission.
As Mr. Bruns pointed out, the first step in the process was
to get the zoning to R - 3 and R - 4. Mr. Applegate said the
lot sizes may change but can not get any smaller than what is
currently on the map. Mr. Locke said they had done market studies on the entire region and that they want to "hit the target" on income levels and what would sell. Their research showed that these developments would be very successful. The topography has to be considered because underlying rock would not allow homes with basements. Mr. Oberer said there was a ten to fifteen foot green space that runs along Frederick Pike and will be landscaped. He said they had added that green space area from a suggestion of the planning commission. Mrs. Brockert asked about reducing the speed limits. Mr. Applegate said at both entrances, they will provide left turn lanes and through lanes. Once the traffic count indicates a change, the city would petition the county to lower the speed limit. Mayor Packard asked if they had considered the impact with the school systems. They said they would be doing that but they would not normally check until the preliminary steps have been done. Mayor Packard said that he wanted the people attending the meeting to know that the school issue was being addressed. Another member of the audience was concerned about the length of time that children were riding on busses and that adding an additional three hundred homes would add even more time to the bus ride. Paul Trittschuh said he had lived in the area for thirty-five years and that no one wanted the property to be developed. He said the Vandalia schools, the Union residents, and Butler Township residents do not want the land developed. He said they should give the people living out there consideration. He complained about the gravel and cement trucks and that there would be too much traffic passing in front of their homes. Mr. O'Callaghan said that the city could not control the traffic from the gravel and cement trucks. Mayor Packard said Richard Oaks, their traffic engineer, said the left turn lane would ease in the additional traffic and not cause any problems. Another property owner was concerned that they would lose their property to make the turn lane. Mr. Applegate said it would be in front of the existing property and Mr. Applegate indicated the area on the map. Mr. J.D. Jackson
said there were no turn lanes on the plan. Mr. Applegate said
this is a conceptual plan. Mr. Jackson said with 306 houses
and approximately 1200 automobiles, and gravel trucks, Fedex,
Emery, and other traffic, he asked how they could explain that
size road with that many vehicles. Mayor Packard said there
would not be 1200 vehicles on the road at one time. Ruth Worman asked how once the property was in Union how it would affect the Butler schools. Mr. Applegate said they went through an annexation process, in response to petitions to property owners that requested to be annexed. The city installed a water line. The area is nice, people want to live there, and the land will some day be developed. Everyone wanted to stay within the Vandalia school district. Mr. Applegate said the residents would be able to vote for any levies for the school district. Mr. Oberer said to move the properties to another school system would take action by the state school board, and would be negotiated between the Northmont School system and Vandalia- Butler school system. He said both of the school systems are very marketable. Mike Haines, a Butler Township Trustee said that when the land was annexed, it was zoned R - 1. He said there are 1,300 additional acres that are being annexed by Union and he said that would indicate many more homes being built. He said he had heard that this property was not going to be developed and he had no faith in anyone that the property would not be developed. A resident
asked for some higher price homes to be included and to have
more of the $350,000 homes on five acres/lots. Mr. Arnett of Union said "we do" not want that many homes sending their kids to Northmont because he was concerned about school taxes. Mr. Arnett said Mr. Oberer was more concerned about his standard of living than the Butler Township residents. Mr. O'Callaghan asked who Mr. Arnett was referring to by saying "we". Mr. Arnett said Mr. O'Callaghan was trying to cloud the issue. Mr. Arnett
asked why R - 3 and R - 4 was a starting point. He asked why
they couldn't start with R-1. Mr. Applegate said people wanted to move to this area. He said that development would happen in the area. Vandalia was growing and the township was growing. The council, developer, and others were at the meeting, listening to the people's concerns. Mr. Bruns wanted to clarify his comment about a starting point being R - 3. Mr. Bruns said if they start at a zoning, they can increase the lot size. He said he was concerned with the 66 foot width. If they would start the zoning at R - 1, they could not increase the lot size. A member of the audience asked if there would be retention ponds. Mr. Locke said there would be but at this point, they did not have specifics. Once they decided how many lots or homes were going to be built, then they would do the engineering to determine what was required, complying with the Ohio Revised Code. They would not spend the additional engineering fees until they knew the size of the development. A question was asked about vinyl siding. The person said within fifteen years, the homes would be become rentals. Mr. Manning on Furnas Road said he moved to an area that was agricultural from the city of Vandalia. He asked if they would have a guarantee about the wells and what phone company would service the new development. Mr. Applegate said that he could not offer a guarantee but they did not usually have any problems. He said their wells should not be affected. As far as the zoning, it would be General Telephone and the exchange would be up to the phone company. Mr. Manning said that anyone from there calling the Vandalia schools would be making a long distance call. In a conversation about fire protection, Mr. Applegate said the city was willing to provide fire protection and that Mr. Thomas Miller had offered to provide a building for an additional fire station. Mr. Applegate said in 1995 they had done time studies and Union could respond better and quicker than Butler Township, due to the location of their station. Mr. Applegate said protection would be provided but now, it was through the Butler Township Fire Department. The City of Union has a policy to assist any department that needs help. A member of the audience asked if there were covenants available for review. Mr. Oberer said they could provide sample copies. Mr. Bruns said the Planning Commission would review any covenants and could provide any additional requirements. Mr. Applegate said covenants would be a document recorded with a subdivision and can be changed if enough residents in the area ask for a change. Covenants can be changed by the residents, not by the city, once the covenants have been recorded. Mr. Oberer said they wanted a common mail box standard and that was an example of one of the covenants that the development would have. The postal service for the area will continue to go through the Vandalia post office. Another person in the audience said it was a nice piece of ground and he suggested that they put something nice in the area. There was a discussion on the disadvantages of vinyl sided homes. Mr. Oberer said they would use a combination of vinyl and brick homes. Mr. Applegate said the city requires OSB board or better for siding so they don't any problems with vinyl siding. City requirements
are overhangs, concrete driveways, minimum two car garages, sidewalks,
and sod. A question
was asked about the recent 640 acres that was annexed. As for
now, there is no plans for that. It has the potential for being
commercial since it is close to the airport. Mr. Jackson
asked when the council meetings were being held. Mr. Applegate
said the rest of this month, meetings would be held the first
and third Monday at 7:30. Starting January 1, 2001, the meeting
date will go back to the second and fourth Monday of each month.
A question was asked about the square footage for R - 2 zoning. Minimum lot size is 11,500 square feet. R - 3 is 9,500 and R - 4 is 8,500. The resident said that everyone would like to see the land zoned at least an R - 2. Mayor Packard
asked if there were any other questions. There were none so
Mayor Packard closed the public hearing. Mr. Bruns moved to have the first reading of Ordinance 1203. Mayor Packard seconded the motion. Mr. Bruns, Mr. Hissong, Mr. O'Callaghan, and Mrs. Shields voted against the motion. Mayor Packard voted for the motion. The motion failed. 5. FIRST READING - ORDINANCE 1205 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COMBINED HEALTH DISTRICT OF MONTGOMERY COUNTY FOR THE CONTRIBUTION OF TEN PERCENT (10%) OF RETURNED LIQUOR PERMIT FEES TO SUPPORT THE PREVENTION AND TREATMENT OF ALCOHOLISM AND CHEMICAL DEPENDENCY. (three readings) Mr. Applegate
said this was their annual agreement requested by Montgomery
County and done each year. 6. ONE READING - ORDINANCE 1206 - AN ORDINANCE ADOPTING A STATEMENT OF SERVICES THE CITY OF UNION WILL PROVIDE TO 126.740 ACRES PROPOSED FOR ANNEXATION TO THE CITY OF UNION AND DECLARING AN EMERGENCY. Mr. Bruns
said that under Section I, under Water, Mr. Bruns read the following
section: The hearing is scheduled for December 5 at the County Administration building at 1:30. This is a requirement of the Ohio Revised Code that council must adopt a resolution of services and the staff recommends the adoption. Mr. Bruns moved that Ordinance 1206 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 to have the one and only reading and adopt emergency Ordinance 1206. Mayor Packard seconded the motion. All concurred and Ordinance 1206 was adopted. 7. ONE READING - RESOLUTION 00-17 - A RESOLUTION AUTHORIZING THE EXTENSION OF THE DEPOSITORY AGREEMENT BETWEEN THE CITY OF UNION AND FIFTH THIRD BANK FOR ACTIVE FUNDS. Mr. Applegate said the staff recommends the adoption of this resolution. Mayor Packard moved to have the one and only reading and adopt Resolution 00-17. Mr. Bruns seconded the motion. All concurred and Resolution 00-17 was adopted. 8. Open Agenda Mayor Packard said he was pleased to see the people attending the meeting and encouraged Mr. Oberer and Mr. Locke to come back with another plan for the area. Mrs. Shields wished everyone a happy Thanksgiving. Mr. O'Callaghan said that in voting down Ordinance 1203, the zoning change, he said he was not against development in that area. He suggested they consider a compromise, like R - 3 for the entire area, instead of both R - 3 and R - 4. As president of the park board Mr. O'Callaghan said he had a few announcements to make. The annual Christmas tree lighting and the lighting of the trees on Main Street will be on December 3, at Montgomery and Martindale at 6:00 p.m. The Christmas decorating judging will be done on Sunday, December 17, at 7:00 p.m. Mr. O'Callaghan asked in the newspapers could include that in their coverage of the meeting. Mr. Hissong thanked everyone for coming to the meeting and giving their opinions. Mr. Bruns said he was very much in favor of the land being developed. He said he had a problem with the R - 4 zoning. He said he would like to see the land R - 3, in a development similar to the Lindeman Commons, he would be in favor of that. Mayor Packard invited the new members in the audience to attend the tree lighting on December 3, 2000. Mr. Applegate updated the council on State Route 48. He said that they had most of the trees in and Christmas lights would be lit if Dayton Power and Light would complete their work. Mr. Applegate said the final course of asphalt had not been applied because the weather needed to be warmer. They will stripe the street and have the sidewalks done but they will have to finish the road when the weather is warmer. Mayor Packard asked if Mark Henry, sitting in for Mr. Moore, had any comments. Police Chief Gessner, in response to a question from Mayor Packard, said he was not worrying about covering the area with the proposed zoning change. Fire Chief Bergman said they provide mutual aid to that area already. 9. Mayor Packard moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and November 20, 2000 City of Union council meeting was adjourned. Respectfully submitted, _________________________
Mayor Packard called the City of Union Council meeting to order on Monday, December 4, 2000 at 7:30 p.m. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief. Mayor Packard said that Mr. Hissong had recently undergone surgery and could not attend the meeting. Mayor Packard moved that Mr. Hissong's absence be excused. Mrs. Shields seconded the motion. All concurred and his absence was excused. Mr. Bruns asked if Mrs. Terry had called in or requested an excused absence. Mayor Packard said he had not heard from her. There was no motion made so Mr. Bruns said that the minutes should reflect that this was an unexcused absence. Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any corrections or additions to the minutes from the November 20, 2000 meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. O'Callaghan seconded the motion. Mr. Beyer abstained and the other councilmembers voted for the motion. The council minutes were accepted as prepared. 2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. There were no comments. 3. SECOND READING - ORDINANCE 1205 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COMBINED HEALTH DISTRICT OF MONTGOMERY COUNTY FOR THE CONTRIBUTION OF TEN PERCENT (10%) OF RETURNED LIQUOR PERMIT FEES TO SUPPORT THE PREVENTION AND TREATMENT OF ALCOHOLISM AND CHEMICAL DEPENDENCY. (three readings) Mayor Packard
moved to have the second reading of Ordinance 1205. Mr. Bruns
seconded the motion. All concurred and Ordinance 1205 was passed
to the third reading. Mayor Packard said that the people attending really enjoyed the Christmas tree lighting on Sunday evening. He also thanked
Mr. Applegate for getting the new pear Aristocrat trees planted
and the Christmas trees lit along Main Street. Mrs. Shields also commented that the trees were very nice and also complimented the decorated Christmas tree on the corner of West Martindale and Montgomery Street. Mayor Packard thanked Mr. O'Callaghan and the Park Board for the successful tree lighting ceremony. Mr. O'Callaghan said credit should go to the ladies at the La Sertoma Club, the people at the firehouse, and Mr. Applegate and Mrs. Winemiller. He said he appreciated all the help. Mr. O'Callaghan also reminded everyone that the Christmas light judging would take place on December 17, around 7:00 in the evening. They will pick between eight to ten houses that have the best lighting display. Mr. Bruns said that earlier this evening, they dealt with two council absences and the actions were different for each member. Mr. Bruns said he did not want anyone to think that they were prejudiced against any councilmember. He read a portion of the Rules of Council, Chapter 121, section 121.01, item number 14: "A member who shall be absent from a meeting or meetings shall make such absence known in the meeting or meetings prior to such absence or absences. A member who does not advise fellow members at a council meeting of such absence shall forthwith upon knowing that such member shall miss a meeting or meetings, notify the Clerk of Council supplying information as to which meeting or meetings shall be missed and the reasons for such absence or absences. The Clerk shall notify the other members of the Council of such absence or absences. Council may, by affirmative vote of four of its members, excuse the absence or absences of a member conforming to the provisions in this section." Mr. Bruns said that one of the councilmembers followed the rules and was excused. One did not and that absence was not excused. Mr. Applegate said that Mr. Moore had another commitment for the evening so Mr. Applegate said he would turn his portion of the meeting over to Mr. Moore. Mark Henry, from Mr. Moore's office, will remain at the council meeting. Mr. Moore said that he was also the Law Director at Tipp City and occasionally he has a conflict with Tipp City meetings. When he is not able to attend, he has Mr. Henry or Mr. Courtney from his office go to the meeting and they are all kept informed of city matters. Mr. Moore said that the City only pays for one lawyer at each meeting. If there are more than one at the meeting there is still only one fee for one lawyer charged because there is a flat annual fee charged for attending council meetings. Mr. Moore
said that he needed to discuss a critical item with the council
members. On November 3, Butler Township Board of Trustees and
Ron Kidwell sued the City of Union and city council. A few issues
were raised concerning an annexation and the Charter amendment
that was on the ballot for November 7. On November 24, an amended
complaint was filed after a pre-trial was held on this matter
and the township and Mr. Kidwell tried to get an injunction but
no injunction was granted. Mr. Moore said that they were about
to respond by filing a defense. Mr. Moore said he wanted to
talk to the council about the defense. There are approximately
four claims raised in the amended complaint and there are several
defenses being presented. Mr. Moore added that if items are state wide concern, even if you are a charter city, you can not make laws that contradict the general laws of Ohio. The answer has to be filed by December 6 and it is in response to an amended complaint filed by Butler Township Trustees and Mr. Ron Kidwell. This is one of the various defenses that will be raised. The trial date is set for January but the judge may rule on the issue before that. Mr. Moore said that under that statute, it is his duty to take this action. Mr. Applegate
said he also wanted to make a few comments. He said that he
had heard about several cards being passed out by Mr. Arnett
on the day of the election. Mr. Applegate said he asked for
a card and Mr. Arnett gave him one. Mr. Applegate said when
you looked at the card, it said to vote no on issue 9 and a yes
vote would prohibit the parking of vehicles over 5,000 pounds
on private property. Mr. Applegate said that was definitely
misinformation and misleading. Mr. Applegate said the ordinance
in effect now and at the time of the election, is for a weight
limit of 11,500 pounds for parking vehicles. Council addressed
this issue of 5,000 pounds when the city had the first public
hearing and it has been rectified. Mr. Applegate said the people
passing out the information knew the statement on the card about
the weight limit was incorrect. Regarding the charter amendment about the five percent charge for water outside the city that failed, Mr. Applegate said currently the city charges twenty percent over the water rate for city residents. If the amendment would have passed, the city would have lost revenue. The literature that was passed out made it sound like the city would gain revenue. Mr. Applegate said the information sent out did not tell the whole story. Regarding the street levy, Mr. Applegate recommended that the city council put the road levy back on the ballot for the May primary. Mr. Applegate said the article in the paper by the Dayton Daily News misrepresented the facts. The newspaper did put in a correction a few days later but the information passed out by some citizens referred back to the original article. Mr. Applegate said that people should understand the issues when they read something that is passed out and call the city if they have any questions. Mr. Applegate
said that the Union council has the power to levy taxes and incur
debts and that is in every city charter. Mrs. Shields asked if the people could be held responsible for what is distributed. Mr. Henry said that there was first amendment rights for publications. Mr. Applegate
said he was pleased that the lights were up on the trees. He
said that the employees and Dayton Power and Light made a concerted
effort and he said he thought the effect was fantastic. They
have about twenty-five more trees to put in. Mr. Applegate
said they had been working on plans to make improvements to the
city building and had received a CDBG grant to bring the city
building in compliance with ADA requirements. Mr. Applegate
showed designs of the first and second floor. The project has
grown since they have been working with the plans. The first
floor will have an elevator, which is funded by Community Development
Block Grant. The current building was constructed for a complete
second floor but it only has part of the second floor. The
police department, which needs more space, will be moved to the
expanded second floor. Then the administrative area, which is
also very tight on space, could be expanded. Restrooms would
be updated, since none of those are ADA compliant. There are ten seats for the council - places for the council and staff. Mr. Beyer asked if it would be more practical to do it all at once than having the building under construction for several years. Mr. Applegate said he thought it would as long as the budget committee was comfortable with that recommendation to the council. Mr. Applegate said that there were some other preliminary matters to be discussed. He suggested that since Main Street was being improved, he felt it was time to consider an entry way sign to the south corporation limit for the city. He suggested some kind of masonry or stone structure with a message board that can be controlled by the city. Conduit was installed in the street for street lights and tree lights and for future communications. Mr. Applegate said he had discussed the matter with the property owner who wanted to see a drawing of the structure. Mrs. Winemiller said that they were starting a holiday food drive again this year. She asked for donations from the council and residents. Containers are set up at the city building and at the firehouse. The city is hoping to provide food to six families. Once again, Fast Max and Union Tire is providing toys to the children in several families in Union. Chief Gessner reminded everyone to remove Christmas packages from the cars into the homes after their shopping trips, to prevent break ins into automobiles. Fire Chief Bergman said they were awarded a grant for the amount of $950.00 for the purchase of a new computer from the Ohio Department of Public Safety. Mayor Packard asked Chief Bergman to pass along their thanks for helping with the Christmas lighting ceremony. 5. Mr. Beyer moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and December 4, 2000 City of Union council meeting was adjourned. Respectfully submitted, _________________________
The City of Union Council meeting was called to order by Mayor Packard on Monday evening, December 18, 2000. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields. Other city staff members attending the meeting were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mark Henry, sitting in for Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief. Mayor Packard said Mr. Hissong had called and has not been released by his doctor to attend the meeting due to his recent surgery. Mayor Packard also said that Mr. Beyer was delayed due to medical reasons but would be arriving late to the meeting. Mayor Packard moved to excuse Mr. Hissong. Mr. Bruns seconded the motion. All concurred and the motion was passed. Before excusing Mr. Beyer, the council decided to wait in case he made it to the meeting. Mayor Packard asked for a moment of silence. 1. Mayor Packard asked if there were any additions or corrections to the minutes from the meeting that was held on December 4, 2000. There were none so Mr. O'Callaghan moved that the minutes be approved. Mayor Packard seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared. 2. Mayor Packard asked if there were any comments from the visitors and citizens in the audience. There were none. 3. THIRD READING - ORDINANCE 1205 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COMBINED HEALTH DISTRICT OF MONTGOMERY COUNTY FOR THE CONTRIBUTION OF TEN PERCENT (10%) OF RETURNED LIQUOR PERMIT FEES TO SUPPORT THE PREVENTION AND TREATMENT OF ALCOHOLISM AND CHEMICAL DEPENDENCY. (three readings) Mr. O'Callaghan moved that they have the third reading and adopt Ordinance 1205. Mr. Bruns seconded the motion. All concurred and Ordinance 1205 was adopted. 4. ONE READING
- ORDINANCE 1207 - AN ORDINANCE AMENDING THE ANNUAL APPROPRIATION
ORDINANCE FOR 2000 AND DECLARING AN EMERGENCY. Mr. Bruns moved that Ordinance 1207 be declared an emergency for the reasons set forth in the Ordinance. Mayor Packard 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 1207. Mayor Packard seconded the motion. All concurred
and Ordinance 1207 was adopted. Mr. Applegate said this was the actual appropriation budget for Fiscal Year 2001. The asking budget was approved in July and this is the final version. In the Capital
Outlay portion under the general fund is the renovation planned
for city hall along with landscaping for the lot and a planned
city entrance sign on State Route 48. Mr. Bruns moved that Ordinance 1208 be declared an emergency for the reasons set forth in the Ordinance. Mayor Packard 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 1208. Mrs. Shields seconded the motion. All concurred and Ordinance 1208 was adopted. 6. ONE READING - ORDINANCE 1209 - AN ORDINANCE ESTABLISHING A REGULAR PAY TABLE, ASSIGNING PAY GRADES STEPS/SALARIES AND THE MAXIMUM NUMBER OF FULL-TIME, REGULAR PART-TIME, PART-TIME (SEASONAL) AND AUXILIARY POSITIONS WITHIN THE CITY OF UNION FOR 2001 AND DECLARING AN EMERGENCY. Mr. Applegate said this in an additional housekeeping ordinance. Mr. Applegate said the staff recommends the adoption of Ordinance 1209. Mr. Bruns
moved that Ordinance 1209 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. 7. Open Agenda Mayor Packard wished everyone a Merry Christmas and cautioned everyone to watch driving on the roads during the winter weather. Mayor Packard said he had received some calls that people think that Union should plow Sweet Potato Ridge. Mr. Applegate said that the road belongs to the City of Clayton. Mr. Applegate said that there was a new man working for Clayton and he was stopping the snow plowing at the Union corporation line. Mr. Applegate said that Clayton has reported that the problem has been corrected. Mrs. Shields
asked when Sweet Potato Ridge Road would be opened. Mr. Applegate
said that he has a call in for the contractor. The road has
been paved but it is still closed. Mr. O'Callaghan said that Steve Coker and he had gone out Sunday evening and had chosen ten people that did an exceptional holiday lighting job on their homes. He specifically mentioned 104 Irongate and also 19 Greencliff. Mr. O'Callaghan wished everyone a safe holiday and said to be careful traveling. Mrs. Terry said that she had received a lot of positive comments on the Christmas lights on the pear trees along Main Street. Mr. Bruns also wished everyone a merry Christmas. Mr. Beyer made it to the council meeting and apologized for being late. Mr. Beyer commended Englewood and Union for their work in clearing off the streets and had best wishes for the holidays. Mr. Applegate
said they needed to make their annual appointment to the Miami
Valley Regional Planning Committee and the Transportation Committee.
In the past, the Mayor has been the representative and Mr. Applegate
has been the alternate. Mr. Applegate also noted that the council had received a memo in their packets about setting another public hearing for Oberer Development for approximately 110 acres for a zoning change in Butler Township, from Agricultural-Residential to Residential - 3. Mr. Oberer asked for the council to re-consider their request to re-zoning the entire area as Residential-3. Mr. Applegate said they were asking for the public hearing to be set on January 22, 2001. Mayor Packard moved that the public hearing be set for that date. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Applegate
said they were getting ready to file two annexations in Miami
County. One is a 1.29 acre tract of ground, owned by R.B. Machine
Shop. The second one is one that fulfills a commitment the city
made in 1989. The first attempt at annexation was turned down.
Since then, part of the land was annexed in 1995 and now the
water lines are in and the city can now fulfill the commitment
to the people that have sought annexation to the city for the
city's water service. He said they would be coming to the council
with a service resolution later. It is for approximately 88
acres. Mr. Applegate said a few of the property owners were
attending the meeting tonight. Mr. Applegate
said they are working on more plans for Main Street. There will
be improvements in the right-of-way, like a green strip behind
the sidewalk, additional Christmas decorations, with wrap-a-round
garlands and colored lights on the street light poles. Mr. Applegate also mentioned that the Dayton Daily News had an article headlined, "Union Law Director Files Law Suit" and that was not correct and a correction was published in the paper. Mr. Applegate said the city had replied to a lawsuit against the city. Mr. Henry said that the litigation involving the charter amendment was moving ahead very quickly and there would probably be a decision before spring. Chief Bergman said that they were very close in location to Butler and Union Township and that eventually they may want to extend their fire protection services over there as the land is annexed. 8. Mr. Beyer moved that the council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the council meeting was adjourned. Respectfully submitted, _________________________ |