The Council of the City of Milford met in Regular Session in Council Chambers at 745 Center Street at 7:00 p.m. on Tuesday, December 4, 2001. Mayor Kolb opened the meeting with the Pledge of Allegiance and a moment of silence.

Roll Call: Present - Mayor Kolb, Ms. Hinners, Mr. Metz, Mr. Bishop, Ms. McBeath

Motion by Ms. Hinners and second by Mr. Bishop to excuse Mr. Gradolf and Mr. Antell. All voted yea.

Reading of Minutes: Motion by Ms. McBeath and second by Mr. Bishop to waive the reading and to approve the minutes of the November 20, 2001 Regular Meeting. All voted yea.

Comments: Richard Uhle, attorney representing MBLA Partnership, brought an objection to Ordinance 01-144, which was passed on October 2, 2001; this involves an easement on property owned by Mr. Sepela. Mr. Uhle stated that he spoke with Mr. Sepela this evening and will continue to talk to Mr. Sepela; however, to rectify this issue he’s not going to be able to without Council taking some action. Mr. Uhle will formally address Council by asking to be put on the agenda at a later date.

Public Hearing: Mayor Kolb opened the Bryco/Gatch Public Hearing.

Assistant City Manager, Jeff Wright, presented the Staff Report concerning the 167-acre site that is located in south Milford with access to both Garfield Avenue and South Milford Road. The property, which is currently vacant, is zoned "R-2" Single Family Residential District with a "PD" Planned Development Overlay District. The property is included on the Milford Thoroughfare Plan (6/19/01) as being the location of a connecting roadway from South Milford Road to Garfield Avenue.

Also Mr. Wright reported several requests by Bryco that is in their pending application, Staff’s conditions concerning the pending application, and a summary that on November 14, 2001, the Planning Commission voted to recommend to the City Council denial of the Preliminary Development Plan for the Bryco PD. Due to the length of the requests, Staff’s conditions and the conclusions a copy of the Staff Report has been attached to these minutes.

Mayor Kolb invited the applicant to speak at this time.

C. Francis Barrettt, 105 E. Fourth Street, Suite 500, Cincinnati Ohio 45202, attorney for the property owner and the applicant. Also the developer is, the Bryco Company, represented by Mr. William C. Ryan and Donna Ryan, the Milford School Principal, John Borchers, and John Sansalone, a registered professional engineer, registered surveyor and the site planner for the proposed development.

As we indicated to the Planning Commission the proposed development is contingent upon and necessarily integrated with the elementary school site. We can’t develop our development without the elementary school conversely the elementary school cannot be developed without our site development plan and in order to allow this to go forward we did agree to all of the conditions that are set forth in the Staff report in order to address all issues and of course the most significant one is the agreement to put in the through connector road from South Milford Road to Garfield Avenue which is in compliance with the thoroughfare plan.

Mr. Barrettt presented a cover letter, Exhibit A, regarding the Preliminary Development Plan: Bryco/Gatch Properties containing the following exhibits:
• The "Comparative Density Analysis" which we presented to the Planning Commission – Exhibit B
• The document entitled "South Milford Elementary School/Bryco Development" revised November 9, 2001 and submitted to the City of Milford – Exhibit C
• The "Supplemental Information" concerning additional prior proposals – Exhibit D
• The "Analysis of Housing Types and Density Under Milford Land Use Plan" – Exhibit E

Mayor Kolb set the record straight by saying that he does not believe this Council is predisposed in any way towards any action on this plan. Since this is the first time we’ve had the opportunity to consider it, hear your presentation, staff analysis, and I’m sure public comments will follow.

Mayor Kolb opened the floor to Council for any questions at this time.

Council voiced concerns and asked the following questions:
• The small lot sizes.
• The environmental sensitivity of this particular tract of land. We’re dealing with extensive flood plane and flood way issues.
• In the flood way plan there’s a reference to a possible detention area or borrow pit. This implies to me a great disturbance to a sensitive natural area.
• Proposed setbacks, because some of the lots being as small as forty feet, that there’s a five foot side-yard setback requirement.
• What is this going to do to the environment down there?
• Another concern is that with a new development that it’s bound to attract a lot of young families with children, what’s that going to do to the population of the new school?

Ms. Hinners stated she wished the school and the homes could be there, but with our current zoning code.
And would also like the area along the Miami River to be preserved.

Mr. Metz asked is it possible to configure lots with wider frontages?

Mr. C. Francis Bennet advised that in order to get increased lot sizes we would lose units and they get to the point where it is not feasible for the company to build.

Ms. Hinners asked the question about the word "feasible", which means that it isn’t financially feasible?

Mr. C. Francis Bennet, yes. In other words you would lose money if you developed it.

Ms. McBeath requested information of what the proposed homes for this property would be like and their average costs.

Mr. Bishop stated that an assurance would have to be made that whatever is presented is the way the houses would look regardless, because to his understanding Bryco would not be building them.

Also, Mayor Kolb advised Mr. Barrett that he thinks that it’s important for potential buyers to know that we have a gun club and we have a sewage treatment plant as neighbors.

Mayor Kolb opened the floor to any public comments.

Len Harding, resident of Cleveland Avenue in Milford, "I’m not sure, but there’s no vote going to be taken tonight am I right in understanding that?"