City of Milford Council January 15, 2002 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, January 15, 2002. Mayor Antell opened the meeting with the Pledge of Allegiance and a moment of silence. Roll Call: Present - Mayor Antell, Vice-Mayor Bishop, Ms. Hinners, Mr. Metz, Ms. McBeath, Mr. Gradolf, Mr. Kolb Reading of Minutes: Motion by Mr. Gradolf and second by Ms. Hinners to waive the reading and to approve the minutes of the January 2nd and 9th, 2002 Regular Meeting. All voted yea. Swearing In: Law Director, Mike Minniear swore in David Metz as a member of the Board of Zoning Appeals and Lou Bishop as a member of the Planning Commission. Speaker: Chris Smith from the Clermont Chamber submitted information concerning what 100 Jobs Means to the Community, 2001 Growth Report Clermont, Clermont County SBA 504 Loans, and the Clermont County Chamber of Commerce Annual Report. Correspondence: Clerk Barrons-Sweeney reminded Council that they received the following December financial information: Allocation of Collections, Reconciliation of City Funds, and Statement of Cash. Clerk Barrons-Sweeney handed out the 2002 Ohio Ethics Commission Annual Request to each of the Council members and one was mailed to Brad Olson, former Council member. Public Hearing: Mayor Antell opened the Bryco/Gatch Public Hearing. Assistant City Manager, Jeff Wright, presented the Staff Report by stating Council will recall that on January 2nd, Council raised several questions and issues concerning the proposed Bryco Preliminary Development Plan. The topics touched on in the Staff Report are listed below: ¸ Availability of flood insurance ¸ Preliminary Storm Sewer and Drainage Plan was submitted and discussed with the City Engineer January 15¸ Traffic Impact Study submitted and discussed¸ Requirements and guidelines that govern a proposed Planned Development A copy of the Staff Report has been attached with the details of the summary. Mayor Antell opened the floor to additional Public Comments. PUBLIC COMMENTS: MR. TIM MARA: Tim Mara, attorney for a number of home owners in the South Milford area, reitterated that the citizens who retained him have concerns about this Bryco/Gatch Project. MS. JENNIFER LILES: Jennifer Liles, 39 Mound Avenue, strongly feels that this is not the right plan and urges Council to reject the proposal and come up with another one. MR. LEN HARDING: Len Harding, 222 Cleveland Avenue, is quite alarmed about the risk to all of us with putting over 40% of the housing stock where they’ll be building on sand. He thinks the risk to Milford is overwhelming. MR. DINO PELLE: Dino Pelle, 134 Cleveland, moved here from Maderia, I don’t think this is the right development. MR. STEVE MYERS: Steve Myers, submitted additional information to Council. MR. GENE BINNING: Gene Binning, 151 Laurel Street, this property was made for corn and soybeans. MR. BEAU PARRY: Beau Parry, 28 Cleveland Avenue, stated, "I believe another grouping of cookie cutter homes is nothing but a detriment to a community". MR. BOB SMITH: Bob Smith, 5364 S. Milford Road, a resident in Milford for 24 years. Mr. Smith stated, he does not like the way this whole thing is coming at us. There are too many people per square foot down there. We should rethink the entire situation and make a decision that is not a detriment to the community, it's something that will push us forward instead of pull us back. Mayor Antell closed the floor to public comments. Mayor Antell opened the floor to the Applicant. C. FRANCIS BARRETT: C. Francis Barrett, 105 E. Fourth Street, Suite 500, Cincinnati, Ohio 45202, attorney for the property owner and the applicant. Mr. Barrett advised the following were in attendance: William C. Ryan and John Sansalone. Mr. C. Francis Barrett gave the following background points:¸ Timothy Mara – Mr. Barrett did try to reach him this afternoon, but was unable to.¸ Reviewed what has happened up to this date for Council and the Community.¸ Thirty-one items being addressed are from questions Council has asked along with what the Community has asked. Mr. C. Francis Barrett advised Council that he received an addendum staff report prior to the meeting. MR. JOHN SANSALONE: Mr. John Sansalone, 1008 Marshal Avenue, reviewed his prepared responses to the several questions and issues raised concerning the Byrco/Gatch Property. Mr. Sansalone reviewed Applicant Exhibit B. Mr. Metz asked if the area to the right of number one, on the Gatch plat, would be owned by the homeowners association? Mr. Sansalone, yes, that’s correct. Mr. Sansalone stated that since the City adopted the flood insurance study back in ’94, flood insurance is available for the site. What we will do upon completion of the plan and completion of the project we’ll apply for a letter of revision on the site, which we did back in ’88 with the first plan, and had received a map revision at that time. Subsequent to then, that particular plan, the sanctuary was not constructed but we did have map revision that allowed us to proceed without any flood insurance. The City then undertook a new study and raised those flood elevations, but since all of our buildings will be well above the FEMA 100 year and all the slabs will be at or above the 500 year flood there’ll be no problem in obtaining a map provision. Mr. Antell clarified that rather than the City raising the floodplain by a foot it was the core of engineers. Law Director, Mike Minniear requested clarification as to when Mr. Sansalone refers to the Byrco Development are you referring to Gatch as well or – Mr. Sansalone, yes, Bryco Development, but sometimes it’s Bryco/Gatch simply because of the ownership, but the Bryco Development is the entire site. In reference to question number eleven, Mr. Metz asked, "What is rip rap?" Mr. Sansalone explained rip rap is dump rock or concrete that is stacked to break the current. Mr. Kolb, is that permissible? Mr. Sansalone, yes, that would have to be in part of the map revision. Mr. Kolb requested if Mr. Sansalone and Bryco/Gatch would entertain a condition that would allow for an independent expert on rivers and erosion to maybe address that and the soils. Mr. Sansalone stated when we get to that point we have no problem, this information will be submitted with the Final Development Plan. In reference to question number twenty-nine, Mr. Gradolf asked, is Bryco paying for the road? Mr. Sansalone, yes. Mayor Antell asked if the Applicant has any further response they’d like to add at this time. Mr. C. Francis Barrett inaudible. Mayor Antell asked if Council had any additional comments/questions of the applicant at this time. Mr. Bishop and Ms. Hinners requested clarification, by Council passing the Ordinance for the Preliminary Development Plan to be accepted this only puts the plan in process, but does not obligate the City to grant the Preliminary Development Plan once it’s been turned back over to the Planning Commission. Mr. Wright, correct. Ms. Rokey advised that once Council approves and/or does not approve this Preliminary Development Plan it does not come back to City Council. Mr. Bishop stated that if you stuck to the R2 zoning outlines that you could build 450 houses rather than 355. My question is why would you chose to build 355 small houses when you could build 450 houses with 10,000 sf lots with 75 foot frontage, why would you make that decision? MR. C. FRANCIS BARRETT: Mr. C. Francis Barrett, the property does not lend itself to 450 houses. Mr. Hinners asked, why won’t the property lend itself to the 10,000 sf lots? Mr. C. Francis Barrett, as stated in land use plan because of the physical characteristics of the site namely the floodway, floodplain, topography, the elevation, the whole size shape and location, all those things as the land use plan states it doesn’t lend itself to a standard R2 10,000 sf subdivision.

Mr. Metz asked for clarification to the answer that was given to Mr. Kolb’s questions regarding the willingness as part of the Final Development Process to allow the City to use independent soil experts – Mr. C. Francis Barrett stated I think his comment is a very valid point and it’s well taken that there should be an independent consultant, soils expert, and a hydrogeologist or hydraulic engineer to review it. Mr. Minniear, City Law Director, asked if Mr. Barrett would object to adding this as another condition to the list that you already have. Mr. C. Francis Barrett, how would this be worded. Mr. Minniear asked Mr. Barrett how he’d like it worded. Mr. C. Francis Barrett, I don’t know if you want the developer to select it and have it concur by the City, but have an independent hydrogeologist or hydraulic engineer and a geotechnical engineer to review the soils and the water conditions as a part of the Final Development Plan. Mr. Kolb said this wording is fine. Mr. Bishop stated the purpose of the Plan Development District, under the purpose section 1169.01 states to allow flexibility in the zoning requirements where the result will be a higher quality development. I’m still having trouble with the higher quality term. Mr. C. Francis Barrett, I think the answer is that again the purpose, you recognize that you have R2 zoning which is basically four units to the acre so the purpose of the PD is to allow flexibility so you don’t have that rigid 10,000 sf lots 75 ft. lot width requirement. If you laid that out on the site, this site does not lend itself to that so you want some flexibility. That is relaxing the strict standards for setbacks, lot widths, lot sizes, and being equal to or less than the existing zoning you have a higher quality of development. Motion by Mr. Gradolf and second by Mr. Kolb to close the Public Hearing. All voted yea. Mr. Mike Minniear, City Law Director, stated for the record the applicable section of the Charter. And that is Article 7 Section 7.01 fifth paragraph, Any recommendation of the Planning Commission may be approved, modified, or ammended by simple majority vote of the full legal Council or may be overruled and rejected by a two-third vote of the full legal Council. The full legal Council is defined as it presently consists of seven members, a two-third vote would require five or more members voting to overturn it, if that’s the pleasure of Council. Mr. Kolb made a motion to draft an Ordinance to approve the Preliminary Development Plan subject to the conditions contained in the Staff Report dated January 15th with the following additional conditions. Number 26, that an independent expert provide verification that the character of the soils can support the proposed development. And Number 27, that independent expert verification dealing with the soil eroision from the river or a river hydrogeologist, however the legal staff may chose to word that condition. Clarify condition Number 8, which deals with the covenants and restrictions, specifically fencing, out buildings, building materials in addition to what’s stated to Number 8 in the Staff Report, the open spaces and dealing with the ownership and recreational areas, etc., so that would be clarified to add. That the covenants would be part of the Home Owners Association. Also disclose to potential owners, buyers or builders here that they will be neighbors of a gun club and a sewage treatment plant. So I would add that as a 28th condition that there be some means of notifying perspective buyers that you do have these neighbors there. Second by Mr. Metz. All voted yea. Mike Minniear, Law Director, advised that this motion serves to supercede the prior vote. Council agreed. Therefore the previous motion does not appear in these minutes. Mayor Antell closed the floor at this time. Mayor Antell advised that the vote for the Bryco/Gatch Preliminary Development Plan will be voted on at the next meeting. Mayor Antell called a short recess at 9:30 p.m. Motion by Mr. Gradolf and second by Mr. Kolb to adjourn to a short recess. All voted yea. Mayor Antell resumed the Council meeting at 9:48 p.m. Standing Committee Reports Public Services: Mr. Gradolf reported the Public Services Committee met January 7, 2002 from 4:50 p.m. to 6:45 p.m. Mr. Gradolf reported on the discussion of the fire at 632 Main Street. Mr. Gradolf informed Council that their were sewer back-ups at 16, 18, 19, 20, and 21 Powhatton. Motion by Mr. Gradolf and second by Mr. Metz to draft an ordinance authorizing an agreement with Synagrow in an amount not to exceed $50,000 for sludge hauling. All voted yea. Mr. Gradolf reported before the streets to be bid are finalized, each will be evaluated in relation to other construction projects that may cause damage to the new repairs. Motion by Mr. Gradolf and second by Mr. Bishop to draft a resolution for the advancement of real estate and estate taxes. All voted yea. Administrative Services: No report. Safety Services: No report. Community Development: Mr. Bishop reported the Community Development Committee met January 8, 2002 from 5:30 p.m. to 6:50 p.m. Motion by Mr. Bishop and second by Mr. Gradolf to draft an ordinance for a purchase order and agreement with the Regional Crime Information Center for nine Mobile Data Computers for an amount of $22,500. All voted yea. Mr. Bishop reported that a request from the Greater Milford Area Historic Society for a donation in the form of a corporate membership in the amount of $10,000 was presented to the Committee by Howard Kuhnell. Motion by Mr. Bishop and second by Ms. Hinners to draft an ordinance to adopt the Blight Study Review as an addendum to the Urban Renewal Plan. All voted yea. Motion by Mr. Bishop and second by Mr. Metz to draft an ordinance establishing FEMA Fund #227. All voted yea. City Manager: Ms. Rokey reported the Service Department is picking up Christmas Trees from now through every Wednesday in January. Committee Meetings to be scheduled: Administrative Services Wednesday, January 23 5:30 p.m. Community Development Tuesday, January 22 5:30 p.m. Several reminders were reported, please see City Managers report dated January 15, for details. Police Department: Chief Larry Lantman submitted the December Police Department Report. Fire Department and EMS: No report. Old Business: Maggie Campbell Reynolds invited Council on January 22 at 7:30 p.m., 515 Mill Street to join a neighbor to neighbor conversation on racial issues in this community. New Business: 02-168 An Ordinance authorizing an agreement with Synagrow for sludge hauling. Motion by Mr. Kolb and second by Ms. Hinners to suspend the rules and read by title only. All voted yea. Motion by Mr. Gradolf and second by Mr. Bishop to adopt. All voted yea. 02-169 An Ordinance authorizing the purchase from the Regional Crime Information Center of Mobile Data Computers for the Milford Police Department. Motion by Mr. Metz and second by Mr. Gradolf to suspend the rules and read by title only. All voted yea. Motion by Ms. Hinners and second by Mr. Gradolf to adopt. All voted yea. 02-170 An Ordinance authorizing the adoption of the Blight Study Review and amending Ordinance No. 99-2017. Motion by Ms. Hinners and second by Mr. Bishop to suspend the rules and read by title only. All voted yea. Motion by Mr. Bishop and second by Mr. Metz to adopt. All voted yea. 02-171 An Ordinance establishing FEMA Fund No. 227. Motion by Mr. Gradolf and second by Mr. Metz to suspend the rules and read by title only. All voted yea. Motion by Ms. Hinners and second by Mr. Gradolf to adopt. All voted yea. 02-468 A Resolution authorizing request for advancement of property taxes and estate taxes from the Clermont County Auditor. Motion by Mr. Gradolf and second by Mr. Metz to adopt. All voted yea. Final Comments There being no further business to come before Council, the meeting was adjourned at 11:00 p.m. ______________________________ _________________________________ Joan Barrons-Sweeney, Clerk James J. Antell , Mayor