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He showed the location on the map. The requested change would be from Agricultural-Residential to Residential - Planned Unit Development-1. The property will have a club house, pool, and tennis courts. Mr. Applegate said the planning commission had asked the council to set a public hearing date for June 14, 1999.

The developer said the development will be single family attached homes. The name would be Brandywine. There will be doubles and three unit buildings, referred to as cluster homes, 1100 to 1600 square feet in size, priced from 110,000 to 140,000 dollars.

Mr. Beyer moved to set a public hearing date for June 14, 1999 for a proposed zoning change for 17 acres north of Phillipsburg-Union Road and east of Old Mill Road.
Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Moore said he wanted to make another comment. A question has risen, asking if a charter city could pass a retroactive ordinance. He said yes, the city can. He used an example of pay raises where paperwork wasn't completed until February or March of a year and it would be retroactive back to January 1. A retroactive ordinance can not be made where a city could take away use of land from someone or take away property rights. The paving driveway issue was not one where they were trying to change the use of a property. The court of appeals decision was that the 1995 ordinance did not impose a new paving requirement for off street parking but merely clarified an existing paving requirement in the 1973 ordinance. This did not affect retroactive laws.

Chief Gessner told about an incident where an officer found a rear door open in a car, with dog food on the seat. He went to the house to inform the resident. The resident said his dog had gotten loose and he was using his car to trap the dog.

Chief Gessner continued with number nine of the Attorney General's ten most common myths: "Only those to whom you give permission can look at your credit report". This is incorrect. Potential employers, landlords, insurance companies and others look at credit reports. The law protects an individual's right to review his own report for accuracy and to challenge any errors.

5. Mr. Beyer moved that the meeting be adjourned. Mayor Packard seconded the motion. All concurred and the meeting was adjourned.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council

___________________________
Lawrence Beyer, Vice-mayor

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May 10, 1999

Mayor Packard called the May 10, 1999 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, and Mr. O'Callaghan. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Dan Gessner, Police Chief.

Mayor Packard had received a note from Mr. Beyer that he could not attend the meeting due to his business. Mayor Packard moved to excuse Mr. Beyer from the meeting. Mr. Bruns seconded the motion. All concurred and his absence was excused.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the April 26, 1999 council meeting. Mr. Bruns said the second paragraph should include that Mrs. Terry's absence was excused. Mayor Packard moved that the minutes be approved with the correction. Mr. Bruns seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from citizens and visitors from the audience.

Roger Hansel had several questions about housing developments within the City of Union.
Mr. Hansel asked how many building permits have been issued in Irongate. Mr. Applegate said he would have to check to get the exact figure but he guessed it would be about 30 homes.
Mr. Hansel asked if the clubhouse on Old Mill Road was for a retirement village. Mr. Applegate said that was the Brethren's Home and was for 62 years old and older. He also commented that there was another retirement development, which Mr. Applegate said is Union Springs. Mr. Hansel said they had already voted last year on cluster homes. He said if he had to, he would put a referendum on these new cluster homes. He said he would like to see some of these developments finished before getting into additional builders.
He asked when Main Street would be torn up for the State Route 48 project and Mr. Applegate said that would be starting after May 21.
He asked when Old Springfield would be closed. Mr. Applegate said that would be closed for five days starting next Monday.
Mr. Hansel commented that the sewer and water lines were going up to Tommy Miller's house and he asked how far up the line was going. Mr. Applegate said the lines would be going up to Miami County and ending at the corporation line. Mr. Hansel asked why the city was doing that and how much money the city was spending on the project. Mr. Applegate said the materials cost $200,000 and the total would probably be $300,000. Mr. Applegate said it was a water line, only. The sewer line goes to the intersection of Kley Road and Old Springfield Road.
Mr. Hansel asked about the fire hydrants and if Mr. Miller was in the city. Mr. Applegate said he is in the city, there is a fire hydrant and the city is extending water services. Mr. Applegate said that Mr. Miller would be submitting plans to the planning commission and council and he could not say what will be in the proposed development.

Mr. Hansel asked if a pumping station would have to be built. Mr. Applegate said there would need to be one located on Kley Road and Old Springfield. The city has another pumping station at Concord Farms West. In response to Mr. Hansel's question, the developers would have to run the sewer line from the Kley and Old Springfield intersection to the new development. Mr. Hansel asked if the treatment plant could handle the additional homes. Mr. Applegate said the design was for one million gallons a day and they were currently in the range of 625,000 gallons. Mr. Hansel asked if the plant could still handle the new developments. Mr. Applegate said when the building was completed, in five to ten years, they will probably be reaching close to the design.
Mr. Hansel asked about the money spent to run water and sewer to Irongate. The total cost was $310,000.
For Lindeman Commons, the sewer line was already there, they just put in the water line.
In response to another question, Mr. Applegate said that the retirement village would have 76 units and 22 single family homes on one side of Rinehart Road. Mr. Hansel asked if there were doubles in that development and Mr. Applegate said there would be four doubles and the rest were four family units, 76 units in all.
Mr. Hansel said he was concerned about the clusters around the outside of the town. He said he viewed it as a cluster community. He said he was concerned about all the developments. He asked who would develop Brandywine. Mr. Applegate said that Steve Young was the developer. The buildings will be all brick fronts. The public hearing will be on June 14, 1999. After the questions, Mr. Hansel said he had other things to do and he left the meeting.

3. ONE READING - RESOLUTION 99-03 - A RESOLUTION AUTHORIZING THE APPROVAL OF THE PROPOSED AMENDMENT TO MONTGOMERY COUNTY'S 9-1-1 IMPLEMENTATION PLAN.

Mr. Applegate said the 9-1-1 committee from Montgomery County has requested that the city amend their agreement to include careNow as one of their secondary answering points. This is an official request that is being made to each community. Mr. Applegate said this was another option for medical services. There is no cost to the community and there will be no changes. This would only be another alternative and allow them to become part of the 9-1-1 emergency answering system.
Mr. Bruns moved to have the one and only reading and adopt Resolution 99-03. Mr. O'Callaghan seconded the motion. All concurred and Resolution 99-03 was adopted.

4. Open Agenda

Mayor Packard said when driving though town, it was a pleasure seeing how people were taking care of their properties.

Mayor Packard said he had received a letter from the Veteran's Memorial organization that their ceremony would be on Saturday, May 29, at 10:00 at Northmont High School. He recommended that people attend.

Mr. O'Callaghan commented that if anyone had any last minute nominations to the Union Spirit award, he would still be interested.

Mr. O'Callaghan said they had a park board meeting and said they were investigating ramps for skateboarding, checking on costs, etc. They would still have to determine how they could come up with money, where they could place the ramp and other concerns.

Mrs. Shields said that Old Mill Road has been striped and she thanked Mr. Applegate for getting that done.

Miss Gregg also commented favorably on Old Mill Road being striped and she asked if anyone was else was interested in the Relay for Life, sponsored by the American Cancer Society. Union has a team and there are a few openings left for walkers. vEasy Meetingstrippeddevi Tzh Contact Contact Meeting Stripped Devi Council Meeting Minutesb i Stripped Meeting Stripped Devi dEasy Meetingstrippeddevi Tzh Contact Contact Meeting Stripped Devi Council Meeting Minuteso Meeting Stripped Devi