On the agenda: Oxford City Council Meeting — colocation (Jan 15)

CITY OF

HOSE

OF

MIEAM ETE

UNIVERSITY

AGENDA
OXFORD CITY COUNCIL
COURT HOUSE

TUESDAY, JANUARY

15, 2008

EXECUTIVE SESSION
7:15 P.M.
1.

Roll Call.
Prudence Z. Dana, Mayor
Ken Bogard, Vice-Mayor
Kate Currie
Richard Keebler

Doug Ross
Alysia Fischer
Greig Rutherford

MEETING PROCEDURE:
Comments from the Public are welcome at two different times during the
course of the meeting: (1) Comments on items not on the Agenda, and Consent Agenda items, will be
heard under Public Comments — and (2) Comments on all Resolutions and Ordinances will be heard
during Council consideration of said item. Please wait until you are recognized by the Mayor, proceed
to the podium, state your name and address so that your comments may be properly recorded and limit
your remarks to a period of five minutes or less.

REGULAR MEETING
7:30 P.M.
PLEDGE OF ALLEGIANCE
2.

Approval of Agenda.

This facility is wheelchair accessible. If you plan to attend this meeting and you have a disability that requires
special arrangements, please notify the City Manager’s office 48 hours in advance so that reasonable
accommodations can be made.

Council Agenda
January 15, 2008
Page 2

3.

Public Participation.
A.

Public Comments.
The purpose of the Public Comments Section is for members of the Public to
speak to the City Council on any subject not scheduled on the Agenda, except
Consent Agenda items. Although City Council values your comments,
presentations are not to be in the form of public debate, personal attacks on
Council, City staff or other members of the public and Council shall not act
except to direct the City Manager to take action or schedule the matter for
discussion at a later date.

B.

Proclamation — ‘Dr. Martin Luther King Day’

C.

Proclamation — ‘African American Read-In Chain Day’

D.

Presentation — Oxford Farmers Market — Larry Slocum

E.

Swearing In — Police Sergeant, Dennis Colyer

Consent Agenda.

All matters under the Consent Agenda are considered by the City Council to be routine and
will be enacted by one motion. Any City Council member may, however, remove an item
from consent by request. Items removed for separate discussion will be considered after the
motion to approve the Consent Agenda.

A.

Minutes of the December 18, 2007 City Council Meeting. (Mary Ann Eaton, Deputy
Clerk of Council and Janice Grill)
Report regarding the December 11, 2007 Planning Commission Meeting. (Jung-Han
Chen, Community Development Director)
Report regarding the December 19, 2007 Board of Zoning Appeals Meeting. (JungHan Chen, Community Development Director)

Report regarding the January 2, 2008 Historic and Architectural Preservation
Commission Meeting. (Jung-Han Chen, Community Development Director)
A Resolution authorizing the City Manager to enter into a contract with Statewide
Ford Lincoln Mercury, Inc. for the purchase of four new 2008 Ford Crown Victoria

Police Interceptors at State contract pricing at a cost not to exceed $88,000.00. (Steve
Schwein, Police Chief)
A Resolution appointing Prudence Z. Dana as Council Representative to the Self
Board. (Doug Elliott, City Manager)

Council Agenda
January 15, 2008
Page 3

ey

Resolutions.

A.

A Resolution authorizing the City Manager to sign final legislation and other
contracts with the Ohio Department of Transportation in connection with

resurfacing portions of State Routes 73 and 732. (Mike Dreisbach, Service
Director)

A Resolution authorizing the City Manager to sign preliminary legislation and
other contracts with the Ohio Department of Transportation in connection with the

rehabilitation of a portion of High Street (US 27) from Main Street to Beech
Street. (Mike Dreisbach, Service Director)
A Resolution authorizing the City Manger to enter into a Lease, Utility, and

Access Easement Agreement with the Board of County Commissioners of Butler

County for the location and operation of a communication tower. (Mike
Dreisbach, Service Director)

Ordinances. — Ordinances are adopted using a two-step procedure. First reading
introduces the Ordinance and provides an opportunity for public input on the
subject as well as allowing Council to request more information as needed. Second
reading is to provide Council with the opportunity to consider new information and
to deliberate.

A.

First Reading.

ls

B.

An Ordinance Accepting The Recommendation Of The Planning
Commission To Deny The Conditional Use Permit To Allow For A New
Drive-Through Banking Facility In The General Business District Located
At 10 North Locust Street. (Jung-Han Chen, Community Development
Director)

Second Reading.
1.

An Ordinance Accepting The Annexation Petition From Jack Thacker,

Donna Thacker And Ned Hoelzer For 1.7 Acres Of Land In The Township
Of Oxford, Ohio And Accepting Said Territory To Be Annexed. (Jung-

Han Chen, Community Development Director)

Council Agenda
January 15, 2008
Page 4
Announcements and Communications.

The comments expressed by individual members of Council or City staff during the
‘Announcements’ portion of a City Council meeting do not necessarily reflect the
views of the City of Oxford, The Oxford City Council, or the City staff.
A.

Announcements.

1.
B.

Remarks from City Council and City staff.

Future Meetings

(Note: Meetings will be held at the Court House unless otherwise indicated.)
Wed

Jan

16

Civil Service Commission Special Meeting 7:15
p.m. LCNB 2™ Floor Meeting Room

Wed
Fri

Jan
Jan

16
18

Mon
Tues
Wed

Jan
Jan
Jan

21
22
23

Board of Zoning Appeals 7:30 p.m.
Community Improvement Corporation 12:00 p.m.

LCNB 2™ Floor Meeting Room
Holiday — City Offices Closed
City Council Work Session 6:00 p.m.
Environmental Commission 7:00 p.m. Municipal

Building 2™ Floor Conference Room
Wed
Thur
Thur

Jan
Jan
Jan

23
24
24

Tues
Wed

Feb
Feb

5
6

Mon

Feb

11

City Council Meeting 7:30 p.m.
Historic and Architectural Preservation Commission
Meeting 7:30 p.m.
Housing Advisory Commission Meeting 7:00 p.m.

Tues
Thur

Feb
Feb

12
14

Municipal Building 2" Floor Conference Room
Planning Commission Meeting 7:30 p.m.
Police Advisory Board 7:00 p.m. Senior Citizens

Fri

Feb

15

Center
Community Improvement Corporation 12:00 p.m.

Mon
Tues

Feb
Feb

18
19

Civil Service Commission 7:15 p.m.
Recreation Board 4:00 Senior Citizens Center

Finance Commission Meeting 6:00 p.m. Municipal
Building 2"! Floor Conference Room

LCNB 2" Floor Meeting Room

8.

Adjourn

Holiday — City Offices Closed
City Council Meeting 7:30 p.m.

ce of the Mayor

Dr. Martin Luther King,
: ; hereas:
a dream of justice
his lifetime pursued
equality for all Americans;
and

and
for

during
racial

Jr.
and

WHEREAS,
Dr. King believed in the promotion
exercise of human rights and fundamental freedoms
all people;
and

WHEREAS,
Dr. King’s leadership and notable
gave fresh
rights
of civil
on behalf
contributions
emphasis to democratic ideals and the recognition of
equality of all people;
and
WHEREAS,
the memory
of
Dr.
King
and his
continue to inspire countless millions
achievements
and
oppression
of
face
the
in
world
the
around
discrimination;
and
WHEREAS,

Dr.

King’s

contributions

NOW,

of

the

January

THEREFORE,

City

of

21,

2008:

DR.

Oxford,

MARTIN

I,

LUTHER

great

Dana,

Mayor

Prudence

Z.

do

hereby

Ohio,

KING,

JR.

to

of

are

justice and humanity
equality,
freedom,
importance and value to all our lives.

proclaim

DAY

in the City of Oxford and urge all citizens to honor
Dr. King by showing understanding toward their fellow
man,
promoting
peace,
and
helping
freedom
exist
everywhere
for all people.
IN

WITNESS

WHEREOF,

I

have

hereunto
set
my
hand
and
caused the seal of the City
of
Oxford
to
be
affixed
this
lith day of January,
2008.

A, shun a
PRUDENCE

2.

ene,
ai

MAYOR

of the Mayor

°
wa

long,

eas:

proud

African

of

tradition

and

African

literacy

Americans

have

excellence;

and

a

and the National
the NCTE Black Caucus
WHEREAS,
the
sponsoring
are
of English
of Teachers
Council
African American Read-In Chain with the endorsement
of the International Reading Association in order to
bring public notice to the importance of reading and
to the
contributions
writers’
American
of African
American literacy tradition;
and
having begun in
this literacy campaign,
WHEREAS,
stands as
1990 and continued throughout the decades,
supported
publicly
running,
longest
the
of
one
and
in the nation;
literacy campaigns
this event will take place at the King
WHEREAS,
4,
on February
to 4:00 p.m.
from 1:00 p.m.
Library
Miami University
2008 with organizers and sponsors,
and Honorary Co-Chairs.
Libraries,
2. Dana, Mayor of the
proclaim February 4,

I, Prudence
THEREFORE,
NOW,
do hereby
Ohio,
City of Oxford,
2008 as,
‘AFRICAN

AMERICAN

CHAIN

READ-IN

DAY’

and urge all citizens of all ethnic groups to support
this most worthwhile effort to make the celebration
of literacy a traditional part of Black History Month
activities.
have
I
WHEREOF,
WITNESS
IN
hereunto set my hand and caused
of Oxford
the seal of the City
llth day of
this
to be affixed
January,

2008.

Kody Sen
PRUDENCE

Z.

DANA,

MAYUK

Council Minutes
December 18, 2007

Page 1

A regular meeting of the Oxford City Council was called to order by Mayor Prue Dana on
Tuesday, December 18, 2007 at 7:30 p.m. Those members present were Ken Bogard, Doug
Ross, Alysia Fischer, Kate Currie, and Richard Keebler. Greig Rutherford was excused.
Staff members present: Mr. Doug Elliott, City Manager; Mr. Mike Dreisbach, Service Director;
Mr. Steve Schwein, Police Chief; Mr. Len Endress, Fire Chief; Ms. Kim Newton, Assistant to
the City Manager; Mr. Jung-Han Chen, Community Development Director; Ms. Harlita
Robinson, Finance Director; Mr. Steve McHugh, Law Director; Ms. Donna Heck, Clerk of
Council and Ms. Mary Ann Eaton, Deputy Clerk of Council.
ADJOURN TO
EXECUTIVE SESSION
Mr. Bogard moved to adjourn to Executive Session at 7:15 p.m. in accordance with Ohio
Revised Code section 121.22 (G) for the purpose of discussing (1) appointment of public
officials. Ms. Fischer seconded. The motion passed by the following roll call:

AYE:

Ms. Currie, Ms. Fischer, Mr. Keebler, Mr. Bogard, Ms. Dana (5)

NAY:

None (0)

ABS:

None (0)

Mr. Ross arrived at 7:19 p.m.
RETURN FROM
EXECUTIVE SESSION
Ms. Fischer moved to return from Executive Session at 7:28 p.m.
motion passed by the following roll call:

Ms. Currie seconded.

AYE:

Ms. Dana, Ms. Fischer, Mr. Ross, Mr. Keebler, Ms. Currie, Mr. Bogard (6)

NAY:

None (0)

ABS:

None (0)

The

Mayor Dana requested the ‘Pledge of Allegiance’

APPROVAL OF AGENDA
Mr. Bogard moved to approve the agenda.

Ms. Fischer seconded.

The motion passed 6-0-0.

Council Minutes
December 18, 2007

Page 2
PUBLIC COMMENTS

Ms. Bobbe Burke, 722 David Dr., noted the recent visit by a representative from the Butler
County Environmental Services who made a presentation before Council. Ms. Burke advised
following that meeting, a group convened to investigate the possibility of increasing the amount
of recycling in the City. Ms. Burke stated as of Friday, a grant proposal was submitted to Butler
County Environmental Services for a pilot project to do recycling at Candlewood Apartments.
Ms. Burke noted the participants involved. Ms. Burke outlined the project.

Ms. Connie Elliott, 5201 College Corner Pike, advised she had the previously requested
information and provided Council with a copy of the items included in each emergency kit.
Ms Elliott noted she had given out two kits so far.
Mayor Dana thanked Ms. Elliott.
Ms. Elliott stated 42 flashlights had been donated from the Rayovac Corporation.
PROCLAMATION
‘LARRY FINK DAY’
Mayor Dana read the Proclamation and presented it to Mr. Fink.
Mr. Keebler noted Mr. Fink attended Miami as a student and joined the fire department shortly
after his arrival. Mr. Keebler thanked Mr. Fink for his time and service.
Mr. Larry Fink noted it had been an honor and privilege to serve the fire department.
noted the members of the department in attendance.

Mr. Fink

PROCLAMATION
‘BILL OF RIGHTS DAY’
Mayor Dana read the Proclamation and presented it to representatives from the Oxford Bill of
Rights Defense Committee, the Oxford Citizens for Peace & Justice Committee, and Students

Promoting Equality and Kindness from Talawanda High School.
RECGONITION
Chief Schwein introduced Adam Pennington and Tyler Smith. Chief Schwein explained how
Mr. Pennington and Mr. Smith were on their way to a Cincinnati Bengals football game when
the gentleman they were with (Jace Prows) suffered a seizure. Chief Schwein noted due to the
quick thinking of the young men, a tragic event was avoided. Chief Schwein commended both
Mr. Pennington and Mr. Smith for their quick thinking and reactive efforts. Chief Schwein

presented each with a certificate and thanked them.

Council Minutes
December 18, 2007

Page 3

Chief Schwein advised Mr. Pennington and Mr. Smith did miss the Bengals game that day, and
upon contacting the Bengals, they presented tickets to both Mr. Smith and Mr. Pennington for
the upcoming game against the Cleveland Browns.
Mayor Dana recognized both Mr. Pennington and Mr. Smith and thanked them.

APPOINTMENTS TO
BOARDS AND COMMISSIONS
Mr. Keebler moved to appoint Mr. John Barnhart to the Board of Zoning Appeals for a term
expiring June 30, 2010. Ms. Fischer seconded. The motion passed 6-0-0.

NOTICE TO
LEGISLATIVE AUTHORITY

Stock Transfer for Kona Bistro and Coffee Bar Inc. 31 W. High St. 1“ Floor, Basement, and
Patio, Oxford, Ohio 45056.

Chief Schwein advised this was a transfer of ownership. Chief Schwein noted Kona was a
premier establishment as far as obeying Ohio State liquor laws.
Ms. Fischer explained it is not, in fact, a change of ownership but an internal change of stock.
Mr. Bogard moved to accept the notice without comment.
passed 6-0-0.

Ms. Fischer seconded.

The motion

CONSENT AGENDA

Mr. Keebler requested removal of item A. Minutes and item G. Resolution. Ms. Fischer
requested removal of item B. Minutes.

REPORTS

Report regarding the November 26, 2007 Civil Service Commission Meeting. (Donna Heck,
Human Resources Director)
Report regarding the November 28, 2007 Environmental Commission Meeting. (Mike
Dreisbach, Service Director)
Report regarding the December 4, 2007 Civil Service Commission Special Meeting. (Donna
Heck, Human Resources Director)
Report regarding the December 5, 2007 Historic and Architectural Preservation Commission
Meeting. Jung-Han Chen, Community Development Director)

Council Minutes
December 18, 2007

Page 4
Ms. Fischer moved to approve the consent agenda.
6-0-0.

Mr. Bogard seconded.

The motion passed

MINUTES

Minutes of the November 20, 2007 City Council Meeting. (Mary Ann Eaton, Deputy Clerk of
Council and Janice Grill) (Tabled)
Mr. Bogard moved to remove the minutes from the table.
passed 6-0-0.

Ms. Fischer seconded.

The motion

Mayor Dana advised the minutes were tabled due to a Council member being absent at the last
meeting.
Ms. Fischer moved to approve the minutes.
following roll call:

Mr. Ross seconded.

AYE:

Mr. Ross, Mr. Bogard, Ms. Fischer, Ms. Dana (4)

NAY:

None (0)

ABS:

Mr. Keebler, Ms. Currie (2)

The motion passed by the

Minutes of the December 4, 2007 City Council Meeting. (Mary Ann Eaton, Deputy Clerk of
Council and Janice Grill)
Ms. Fischer noted a correction on page 31 of the agenda.
Ms. Fischer moved to approve the minutes as corrected.
passed 6-0-0.

Ms. Currie seconded.

The motion

RESOLUTION
RESOLUTION
AGREEMENT WITH
R.A. MILLER
Resolution No. 4314 authorizing the City Manager to enter into an agreement with R.A. Miller
Construction Co. Inc. for improvements to Locust Street at a cost of $155,070.00 plus a 10%
contingency in the amount of $15,507.00 for a total cost not to exceed $170,577.00. (Mike
Dreisbach, Service Director)
Mr. Dreisbach noted late last summer, Walgreen's completed their road improvements at Locust
and Spring Streets, including new sidewalks, curbs, gutters and traffic signals.
Mr. Dreisbach advised phase two of North 27 was ceasing construction for the winter.

Council Minutes
December 18, 2007

Page 5

Mr. Dreisbach explained in between the two projects, there was approximately 800 feet of
unimproved Locust Street. Mr. Dreisbach outlined the unusual circumstances surrounding this
case. Mr. Dreisbach noted the commitment for federal dollars to cover the right-of-way costs for
phase three of Route 27. Mr. Dreisbach noted he did seek permission from Mr. Elliott to bring

this before Council, staff designed the improvements, and bids were sought and received.

Ms. Currie asked if construction would begin in the spring when the weather was more
conducive to road construction.

Mr. Dreisbach noted the money would be encumbered in '07 dollars, and work would commence
in March or April.
Mr. Keebler referred to the design, and asked if the height and alignment of the road would be
addressed to increase visibility.
Mr. Dreisbach noted the alignment issue would be field addressed.

Mr. Dreisbach advised they

would use a thicker layer of asphalt at the bottom of the slope and taper it out as best as possible.
Mr. Dreisbach noted between the thickness of the asphalt, the fresh markings, and possibly

reflective delineators at the center line, safety should be greatly improved.

Mr. Keebler suggested widening the crossing and Mr. Dreisbach stated that could be done.

Ms. Fischer noted the crossing had been addressed previously, and asked Mr. Dreisbach what the
City had control over as it related to CSX and their ownership of the property.

Mr. Dreisbach explained CSX was the owner of the right-of-way. Mr. Dreisbach noted their
desire to be cooperative, but the timing made it difficult for them to follow through. Mr.
Dreisbach noted the City's ability to pave right up to the rail on Spring Street under the
supervision of CSX. Mr. Dreisbach noted the intention to continue to work cooperatively with
CSX to get a better project.
Ms. Fischer noted the positive input from citizens regarding the completed construction.
Ms. Fischer voiced concern regarding the lack of sidewalks in some areas.
Mayor Dana suggested the installation of a sidewalk would positively benefit the adjacent
businesses.
Mr. Bogard asked if the carwash that was approved would address the improvements at the
intersection.
Mr. Dreisbach noted they had been working with the City Engineer on those improvements.
Mr. Bogard moved to adopt Resolution No. 4314.
adopted by the following roll call:

Ms. Fischer seconded.

The Resolution was

Council Minutes
December 18, 2007

Page 6
AYE:

Ms. Dana, Mr. Ross, Mr. Bogard, Ms. Fischer, Mr. Keebler, Ms. Currie (6)

NAY:

None (0)

ABS:

None (0)

RESOLUTIONS
RESOLUTION
AGREEMENT
WITH GRANICUS
Resolution No. 4315 authorizing the City Manager to enter into an agreement with Granicus,

Inc., a California Corporation, for internet broadcasting and archiving of local government public
meetings and records. (Kim Newton, Assistant to the City Manager)
Ms. Newton noted a previously held work session and presentation in September by Granicus.
Ms. Newton outlined the services offered by Granicus including improving communication with
the public by providing on demand and live video of all public meetings. Ms. Newton noted
there were three public meetings included in the proposal; Council, Planning Commission and
Board of Zoning Appeals. Ms. Newton explained the public could view the meeting live.
Ms. Newton explained on demand meant the public could access both the meetings and the
agenda any time they desired. Ms. Newton noted the ability to provide public broadcasting and
public education.
Mr. Bogard asked when the process would begin and if past meetings would be available.
Ms. Newton noted previous Council and Planning Commission meetings could be uploaded
along with the agenda, and would be available on the website for up to a year. Ms. Newton
advised there was a media vault, which would archive several years of meetings.

Ms. Fischer noted the amount of staff time saved by this service, and voiced her approval.
Mayor Dana asked for an elaboration on the amount of time staff presently expends on minute
preparation.
Ms. Newton advised there would still be public access on the cable channel for those who do not
have Internet. Ms. Newton noted there would be a time savings regarding records searches
performed by staff. Ms. Newton explained the agenda would be uploaded along with the
minutes and roll call. Ms. Newton advised the minutes would be prepared during the meeting,
with Ms. Eaton editing them the following day.
Ms. Heck noted the Granicus system would require some training and advised there would be an
adjustment period. Ms. Heck noted the ease of searching for subject matter within a meeting.

Council Minutes

December 18, 2007
Page 7

Mayor Dana inquired upon approval, when the program would start and how much training
would be required.
Ms. Newton stated it would be a maximum of 60 to 75 days. Ms. Newton advised
representatives from Granicus would be on site for four days to train staff. Ms. Newton noted

there was online support known as Granicus College.

Ms. Linda Kimble, 724 Melinda Drive, stated she had an occasion several years ago to make a
public records request, and staff could not retrieve the record because it was no longer held.

Ms. Kimble asked if this system was a repository for public records.

Ms. Newton advised all written documentation regarding the published meetings would be
attached to the video and would be available.
Mr. Keebler noted it was not meant to be a repository of every record the City held.
Ms. Fischer noted the new copier had the capability to store documents that were scanned.
Mr. Elliott advised that since he was not present during the Granicus presentation, upon

consultation with Mr. Dreisbach, Ms. Newton and Ms. Heck, stated he was very impressed with

the system. Mr. Elliott noted Oxford would be the first community in Ohio to utilize this system.
Mr. Elliott stated this should increase the involvement of citizens while providing a savings to
the City in minute preparation.
Mr. Bogard moved to adopt Resolution No. 4315.
adopted by the following roll call:

Ms. Fischer seconded.

The Resolution was

AYE:

Mr. Bogard, Ms. Fischer, Mr. Keebler, Ms. Currie, Mr. Dana, Mr. Ross (6)

NAY:

None (0)

ABS:

None (0)

RESOLUTION
MODIFYING THE AGREEMENT
WITH ME COMPANIES

Resolution No. 4316 authorizing the City Manager to modify an agreement with ME Companies
for the U.S. 27 North Right-of-Way acquisition and construction — Phase III at a cost of

$184,005.00 plus a ten percent contingency of $18,400.00 for a total not to exceed cost of
$202,405.00. (Mike Dreisbach, service director)

Council Minutes
December 18, 2007

Page 8
Mr. Dreisbach noted phase two construction was coming to an end on Route 27, with the winter
slow down, picking up again in March or April when weather permits. Mr. Dreisbach noted staff
was continuing to prepare for phase three improvements, which would go from Merry Day out to
the City limits. Mr. Dreisbach advised the detailed engineering plans were approximately 99
percent complete, and it was time to acquire the necessary right-of-way or temporary
construction easements for that phase of the project. Mr. Dreisbach noted federal funds would
be utilized to acquire the necessary property and easements; however, the City had the
responsibility to engage the consultant who would acquire the approximate 45 parcels involved.
Mr. Dreisbach advised ME Companies had been retained in phase two, and there were many
positive comments regarding them, along with a few negative comments. Mr. Dreisbach noted

in light of that, he asked both Mr. Elliott and Mr. McHugh if it would be possible to amend the
existing contract. Mr. Dreisbach noted Council had previously authorized CDBG funds to be
used for this purpose with the balance coming from the CIP.
Mayor Dana asked for clarification regarding the amendment of the contract.
Mr. McHugh referred to page 56 of the agenda where the resolution called for a modification of
the agreement with ME Companies.
Mr. Keebler inquired if this was the amount being paid for professional services or the cost of
acquisition.
Mr. Dreisbach noted this was the cost for professional services. Mr. Dreisbach advised the costs
to actually pay property owners for either property or easements would come from federal
dollars.
Mr. Bogard noted most of the property from Merry Day to the city limits was residential and
should result in fewer problems regarding acquisitions.
Ms. Currie moved to adopt Resolution No. 4316.
adopted by the following roll call:

Ms. Fischer seconded.

The Resolution was

AYE:

Ms. Fischer, Mr. Keebler, Ms. Currie, Ms. Dana, Mr. Ross, Mr. Bogard (6)

NAY:

None (0)

ABS:

None (0)

Council Minutes
December 18, 2007
Page 9
RESOLUTION
ANNEXATION

PETITION

Resolution No. 4317 accepting the annexation petition from Annabelle and Harry Paulin for
54.577 acres of land bounded by Fairfield and Contreras Roads, in the Township of Oxford,

Ohio; consenting to said annexation; and adopting a statement of services the City of Oxford will
provide to proposed territory to be annexed to the City of Oxford, pursuant to a petition filed
with the Board of Commissioners of Butler County, Ohio, by Timothy H. Myers, agent for the
petitioners. (Jung-Han Chen, Community Development Director)

Mr. Chen noted this came before Council in August of 2006, and explained the delay in bringing

it back before the County Commissioners. Mr. Chen advised because of the delay, there were
concerns raised by the County Prosecutor that it may not conform to annexation procedures,
prompting the Prosecutor's office to urge the petitioner to re-file. Mr. Chen noted the property
was situated west of the Knolls of Oxford. Mr. Chen advised the City had entered into an
agreement with the property owners as well as an agreement with the County Engineer's Office
regarding roadway maintenance. Mr. Chen offered to address any questions or concerns.

Mr. Ross inquired about sidewalks and the OATS trail.
Mr. Chen stated in the agreement, the property owner agreed to set aside land for the bike trail.
Mr. Chen noted sidewalk installation would be reviewed and determined through the subdivision
regulations.
Mr. Bogard inquired about the time line for development.

Mr. Chen stated there had been no time line provided. Mr. Chen noted there was a preliminary
sketch plan presented to staff for negotiation purposes.

Ms. Fischer referred to Resolution No. 4278 on page 64 of the agenda, which was adopted in
July, with the attached annexation agreement. Ms. Fischer noted that the present resolution
would accept the petition. Ms. Fischer asked if the annexation agreement would remain in effect
and Mr. Chen stated it would remain in effect.
Mr. McHugh suggested the possibility of obtaining a reaffirmation agreement.
Ms. Fischer referred to page 66 of the agenda, number five, which stated, "the cost to connect to
the existing nearest municipal water service to the property will be the City's responsibility."
Ms. Fischer asked if this was usually done in the "normal course of business."
Mr. Chen noted that was the agreement executed in 1988.

Council Minutes
December 18, 2007

Page 10

Mr. Dreisbach noted the reason this was beneficial to the City was it allowed water service to the
Community Park.

Ms. Fischer referred to page 66 of the agenda, items number six and eight, and requested a
spelling correction, "forth" to forty percent.
Mr. Bogard moved to adopt Resolution No. 4317.
adopted by the following roll call:

Ms. Currie seconded.

The Resolution was

AYE:

Mr. Ross, Mr. Bogard, Ms. Fischer, Mr. Keebler, Ms. Currie, Ms. Dana (6)

NAY:

None (0)

ABS:

None (0)

ORDINANCES
FIRST READING
An Ordinance Accepting The Annexation Petition From Jack Thacker, Donna Thacker, and Ned

Hoelzer For 1.7 Acres Of Land In The Township Of Oxford, Ohio And Accepting Said Territory
To Be Annexed. (Jung-Han Chen, Community Development Director)
Mr. Chen noted this was the first reading of the last step of the annexation process. Mr. Chen
referred to an overhead presentation and outlined the property to be annexed. Mr. Chen advised
the Planning Commission determined there must be a second egress in the subdivision regulation
and the annexation provided the second egress to 27 North. Mr. Chen noted the petition request
was heard in October and County approval was previously obtained.
Mr. Ross asked for clarification regarding possible problems in the future.
Mr. Chen stated without the second egress to 27 North, all traffic would be diverted up to
University Park Boulevard.
Ms. Fischer noted the Planning Commission had requested a second egress due to emergency
vehicle access.

Council Minutes
December 18, 2007
Page 11
ORDINANCES
SECOND READING
An Ordinance No. 2992 Approving A Conditional Use Permit To Permit A Bed And Breakfast
In An Existing Residence Located At 6244 Hester Road. (Jung-Han Chen, Community
Development Director)
Mr. Chen stated he has no additional information, but would provide answers to Mr. Rutherford's
inquiries. Mr. Chen stated in accordance with the Zoning Code, the approval of the conditional
use had to be specific to the location and stays with the land. Mr. Chen stated the actual amount
of acreage was taken from the survey, which was .967 acres. Mr. Chen noted the proposed
Ordinance stated that the bed and breakfast use would be restricted to two bedrooms only.
Mr. McHugh noted Zoning Code Section 1147.01(c) and 1147.02(e)(1), which addressed
conditional use.
Mayor Dana noted the decision standards on page 94 of the agenda.
Ms. Fischer moved to adopt Ordinance No. 2992.
adopted by the following roll call:

Ms. Currie seconded.

The Ordinance was

AYE:

Mr. Keebler, Ms. Currie, Ms. Dana, Mr. Ross, Mr. Bogard, Ms. Fischer (6)

NAY:

None (0)

ABS:

None (0)

ANNOUNCMENTS
Mayor Dana asked for a review of the Property Maintenance Code, Section 404, Occupancy
Limitations, and requested staff to provide interpretations regarding some recent inquiries.
Ms. Fischer noted she had received comments as well.

Mr. Keebler noted the intent of having the Planning Commission review the Property
Maintenance Code. Mr. Keebler noted the interrelationship between the Building Code, the

Maintenance Code and the Zoning Code.
Mr. Elliott thanked Council for their vote of approval for the Granicus system.
Mr. Elliott noted he attended a public information meeting held by ODOT this evening regarding
an intersection improvement project at US 127 and State Route 73, which would include
providing turn lanes and a traffic signal at that location. Mr. Elliott stated ODOT provided three
options and were accepting comments for approximately two weeks.

Council Minutes
December 18, 2007

Page 12
Mr. Elliott reminded Council of the Council retreat scheduled for January 7, 2008 at Hueston
Woods from five to nine p.m.
Mr. Elliott wished all a happy holiday.
Mr. Chen noted the Uptown Zoning District discussion would be held January 8, 2008 during the
Planning Commission meeting.

Ms. Robinson stated the Finance Department planned to undertake a mailing to all city residents
notifying them of the new income tax requirements.
Mayor Dana commended Ms. Dale on her work with the Steering Committee for the
Comprehensive Plan Update, and outlined some of her accomplishments.

Mr. Bogard noted the upcoming project at the intersection of 73 and 177.
Mr. Bogard noted the passing of Marge Barker and Tom Gilmore.
Mr. Bogard noted the Oxford Township Comp Plan Committee continued to meet and was
finalizing the goals and objectives of the plan.
Ms. Fischer noted a tentative date for the ad hoc/University committee was set for February 4,
2008 at 3:30 p.m.
Ms. Fischer noted a meeting with the Talawanda School Board was scheduled for February 11,
2008 at six p.m. prior to their regularly scheduled meeting.
Ms. Fischer suggested a work session with NIC.
Mr. Keebler wished all happy holidays.
Ms. Currie noted her desire to utilize some of the intellectual resources in town to apply for
grants for City improvements.

Mayor Dana noted the School Board would be discussing facilities Wednesday night, December
19, 2007.
Mayor Dana noted the Miami University bicentennial in 2009 and the City's bicentennial in 2010
and requested suggestions for these celebrations.
ADJOURN
Mr. Bogard moved to adjourn at 9:05 p.m.

Ms. Fischer seconded.

The motion passed 6-0-0.

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager
Council Meeting Of:

Community Development
Originating Department

January 15,2008
Jung-Han Chen

Account Code No. #:

Prepared By

Budgeted Amount:

December 20. 2007
Date Prepared

Agenda Title:

Planning Commission Meeting Report — December 11, 2007

|

[Recommendation:

N/A

|

DISCUSSION:
Public Hearing
PC-23-2007
Conditional Use Permit - to allow for a new drive-through banking facility in the General Business District
located at 10 North Locust Street, Scott Webb, Architect, Applicant.

This case was first presented to the Planning Commission at their October meeting. During the meeting, concerns were
raised regarding the design and orientation of the proposed building, as well as potential traffic generated from the use onto
public streets. The Planning Commission advised the Applicant to redesign the building to address their concerns. After
giving the Applicant additional time for a redesign proposal, the Planning Commission learned the design was the same as
originally presented. At the December 11, 2007 meeting, a 0-7-0 vote was taken by the Planning Commission recommending
city Council deny this Conditional Use application for failing to meet the decision standards.
Staff also provided an update regarding balconies/decks as requested by the Planning Commission. The Planning
Commission would like to incorporate this topic during review of the Mile Square design guidelines coming up for
discussion in the next few months.
Staff provided additional information for the members to contemplate the concept of cluster design in the subdivision
regulations. Future workshops will be scheduled to discuss changes to these regulations.
The next regular meeting is scheduled for January 8, 2007.

Approved By:
Department Head:
City Attorney:

City Manager:

DA

Initial
Co
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oUF

Date
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L/y DE
7

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager
Council Meeting Of:

Community Development
Originating Department

January 15, 2008
Kathryn A. Dale

Account Code No. #:

Prepared By

Budgeted Amount:

December 21, 2007
Date Prepared

|Agenda Title:

Board of Zoning Appeals- December 19, 2007 Meeting Report

|Recommendation:

N/A

|
|

Discussion:
BZA-13-2007 10N. Locust Street Variance to Section 1143. 12(d)(2)(D), Section 1149.05(e)(3)(D), Section
1143.12(d) (3) allowing for queuing spaces in front setback area at proposed new bank with a drive-through
facility and for a principal front entrance not facing the street, Scott Webb, Applicant, Architect (Tabled)
(Modified).
Staff shared that the application was modified by the Applicant to include the section regarding the positioning
of the building. Staff stated that notices were resent and shared the action of the Planning Commission
regarding the Conditional Use recommendation for denial at their December 11, 2007 meeting. Applicant
provided and slide show of layout and building elevations. Applicant stated that there was no other way to
position the building and that even if the building were ‘flipped’ an exit drive would be necessary in the front
yard setback. Board voted 5-0 to deny the request on the basis that the BZA decision standards B, D, E,F & G
were not satisfied.
BZA-14-2007
120 W. Sycamore Variance to Section 1143.03(c)(2)C allowing for side yard setback, Robert
Blackburn, Owner, Applicant
Staff presented the facts of the case and that the Applicant was requesting a one-foot side yard setback variance
for a new single-family house on a nonconforming lot and that all other applicable requirements were satisfied.
Board voted 5-0 to approve the request on the basis that all of the BZA decision standards were satisfied.
BZA-15-2007
6405 Contreras Variance from Section 1129.01, and Section 1141.01(a)(1)G to allow for an
accessory structure constructed without a permit and location in the front of a primary structure, Scott Webb,
Architect, Applicant
Staff presented the facts of the case and that the Applicant was requesting permission to continue to allow an
accessory building in front of the primary structure that was constructed without proper permits. The Applicant
shared that this was truly a mistake and did not realize this provision of the code existed. There was much

discussion about when the building was constructed, and how much of the building was constructed at the time
it was discovered permits were necessary Many Board members voiced that decision standard C was not met,
This standard states that “The conditions upon which the application is based are not the result of actions of}
the applicant”. Legal Council advised that additional criteria should support item C and shared case law about
the intent of item C. Three motions were made without being seconded. The fourth motion made was to deny
the request on the basis that decision standards C, D & E were not satisfied. The Board voted 3-2 to deny the
request.

BZA-16-2007
6180 Contreras Variance from Section 1137. 06(c) and Section 1143.02(c)(2)B to allow for
building of a screened patio and bedroom extension over an existing patio Jerry Morris, Owner,
Applicant
Staff presented the facts of the case and that the Applicant was requesting permission to enclose a patio on the
rear of the house as well as provide a bedroom addition where an existing patio was located, both encroaching
into the required rear yard setback. Staff shared that the Applicant had requested a rear yard setback when
the
house was constructed in the late 1980’s, but that these proposed additions would encroach beyond what
they
were given permission for in 1986. The Board deliberated whether or not these were the minimum variances
being requested because some members felt that the bedroom addition could be placed on the side
of the
house, thus possibly alleviating the need for one of the variances. The Board voted 4-0-1 to approve the
request
on the basis that all the decision standards were satisfied.

BZA-17-2007
13 W. Chestnut St. Variance from Section 1143 (c)(2) to allow for addition of a second story
fo an existing one story house, April Myers, Agent, Applicant
Staff presented the facts of the case and that the Applicant was requesting a second story addition
to a singlefamily house. The Applicant wished to utilize the existing footprint; however, the existing
footprint was a
nonconforming structure that did not satisfy the current side yard setback requirements by 1.9 feet.
The Board
voted 5-0 to approve the request on the basis that all the decision standards were satisfied.
The next regular meeting is scheduled for January 16, 2008.

Approved By:

Initial
Department Head:

City Attorney:
City Manager:

&

Date
\iz}/2ijo7

\

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager
Council Meeting Of:

Community Development
Originating Department

January 15, 2008
Kathryn A. Dale

Account Code No. #:

Prepared By

Budgeted Amount:

January 3, 2008
Date Prepared

|Agenda Title:

HAPC Meeting Report — January 2, 2008

|

DISCUSSION:
Request for Review:
None.
Announcements:
Ms. Jackie Hunt asked Mr. Mike Smith, Chair to write a letter to the CHAPS publication regarding their
December article concerning Oxford Preservation. Many members agreed they were disappointed with the tone
of the article.
New Business:
None.
Old Business:
Historic District Brochure

Ms. Henderson stated that her student was working on and finalizing the details over winter break and should
have the final version for the next meeting.
Township House Update
Ms. Henderson shared that the building was moved to Pioneer Farm on December 20, 2007. She said it had not
been set on the foundation yet, but hoped it would be in the coming week. Mrs. Dale shared that she added
numerous pictures and a video link about the move on the City’s website.
Historic Inventory & Demolition Language
The HAPC reviewed comments received by the Planning Commission at their joint work session held
December 11, 2007. HAPC made modifications to the regulations as a result of those comments. Ms. Dana
asked Ms. Dale to try to schedule a joint work session for February 5 or 6 between City Council and the HAPC
prior to bringing back to City Council. Ms. Dale explained this would provide new City Council members
with awareness of the proposed changes and City Council could have informal discussions with HAPC for any
clarifications or questions that may be necessary.
Administrative Findings/Approvals:

Members requested staff look into 14. N. Poplar (Methodist Church) if entry modifications were made without
proper review.
Other Business:
Ms. Dale shared that Tom Kacachos asked if the HAPC would mind having the awning over 26 W. High
removed during the fagade renovations. Consensus was made that the awning could be removed, but they
would like to see a sketch of what the building entrance would look like if the awning were permanently
removed.
HAPC Report-January 2008

Ms. Dana asked if'an annual report for HAPC could be completed. She stated the last one she had received was
in 2004. She also shared that she came across some information for tax credits offered by the state for
renovations and would forward the information to Ms. Dale. Lastly, she offered the opportunity for anyone
interested to serve on a committee for the Miami University 2009 Celebration.
The next regular HAPC meeting is scheduled for February 6, 2008.
Approved By:
Department Head:
City Attorney:
City Manager:

HAPC Report-January 2008

Yj
‘

Initial
an

Date —
3/0©

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Police

Original Department
Council Meeting Of:

01/15/08

Account Code No. #:

140.110.52520

Budgeted Amount:

$ 132,000.00

Matt Franke
Prepared By
01/02/08
Date Prepared

Agenda Title:

Resolution authorizing the purchase of four Ford
Crown Victoria Police Interceptors from Statewide
Ford Lincoln Mercury, Inc. at or below state
contract pricing for cost not to exceed $88,000.00.

| Recommendation:

Approve the resolution.

Discussion:
This resolution will allow the purchase of four Ford Crown Victoria Police
Interceptors as part of our annual vehicle replacement schedule. These four cars will replace
the remaining 1999 and the three 2000 Crown Victorias currently assigned to first line patrol
use; those cars would then be assigned to secondary uses by the police, use by another
department or sale at auction. Our vehicle plan is based upon eight years as a primary patrol
vehicle; we have been able to extend the police service to ten years for secondary uses such
as Investigations, Administrative, School Resource, Parking Control and Citizen Patrol.
However, our experience demonstrates that, after eight years, the cars no longer have the
ability to survive the intense use by first responders; our recent experience confirms that
maintenance costs begin to increase significantly after eight years. We have attempted to
extend the vehicle service life to ten and even eleven years with modest success. That
success is due, however, to our ability to retire any vehicle when those costs escalate
without compromising our primary patrol function. The eight year limit on first line patrol is
necessary to maintain a safe patrol fleet and this request allows us to continue with our
approved and proven vehicle replacement schedule. The Crown Victoria is again selected
based upon its past performance with the city, size, comfort and suitability for city police

service. Overall,

it has performed

well

during

the increased

life expectancy

of our

replacement scheduling. The Crown Victoria continues to offer more benefits for our needs

at a comparative cost which includes the recommended trunk safety package and, new this
year, side air bags. The additional interior space for both driver and equipment and the
demonstrated service life continues to make it the best choice of the police pursuit models.
The remaining funds in the account are used to equip the vehicles for police service.

Approved By:

Initial

Department Head: <p

D

/

City Attorney:
City Manager

é

JS U
To

RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH STATEWIDE FORD LINCOLN MERCURY, INC. FOR THE PURCHASE OF
FOUR NEW 2008 FORD CROWN VICTORIA POLICE INTERCEPTORS AT STATE
CONTRACT PRICING AT A COST NOT TO EXCEED $88,000.00.
BE IT RESOLVED BY THE
COUNTY, STATE OF OHIO, THAT:

COUNCIL

OF

THE

CITY

OF

OXFORD,

BUTLER

SECTION 1: Council hereby authorizes the Police Department to purchase four Police
Crown Victoria Interceptors at State Contract pricing at a cost not to exceed $88,000.00.
SECTION 2: The City Manager is hereby authorized to enter into a contract with Statewide
Ford Lincoln Mercury, Inc. for the purchase of four Police Crown Victoria Interceptors at a cost not
to exceed $88,000.00. Said amounts shall be paid by funding which the City Manger and Finance
Director are hereby authorized to negotiate and secure on behalf of the City.
SECTION 3: Funds have been appropriated in an amount in excess of the purchase price
authorized.

SECTION 4: This resolution shall take effect at the earliest date allowed by law.

MAYOR
ADOPTED:
ATTEST:

DEPUTY CLERK OF OXFORD

CITY COUNCIL

INTRODUCED BY: PRUE DANA
PREPARED BY: LAW (STAFF)

CITY OF OXFORD
STAFF SUMMARY

REPORT

Report to the City Manager
Council Meeting Of:

Clerk of Council
Originating Department

January

15,

2008
Mary

Ann

Eaton

Account Code No. #:_N/A

Prepared By

Budgeted Amount:__N/A

January

Agenda Title:
Representative

A Resolution
to

the

2008

Date Prepared
Prudence Z. Dana

appointing

Self

11,

as

Council

Board.

|Recommendation:

Discussion:
As requested
the Self Board.

Approved

by

Jeffrey

Diver,

Executive

Director

of

By:
ia

City

Manager:

Date

WA

Department Head:
City Attorney:

\ {11-08
\

~V

7

Vee

RESOLUTION NO.

A RESOLUTION APPOINTING PRUDENCE Z. DANA AS COUNCIL REPRESENTATIVE
TO THE SELF BOARD.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OXFORD, BUTLER
COUNTY, STATE OF OHIO, THAT:

SECTION 1:

Oxford City Council supports the efforts of the SELF (Supports to

Encourage Low-Income Families) Board in helping low-income residents of Butler County to
achieve self sufficiency.

SECTION 2: Council therefore appoints Prudence Z. Dana as Council representative to
the SELF Board for a term expiring November 26, 2009.
SECTION 3:

This resolution shall take effect at the earliest date allowed by law.

MAYOR
ADOPTED:
ATTEST:

DEPUTY CLERK OF OXFORD CITY COUNCIL
INTRODUCED BY: KEN BOGARD

PREPARED BY: LAW(STAFF)

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Service Department
Originating Department

City Council Meeting of: January 15, 2008
Victor Popescu, P.E., City Engineer

Account Code #:

2008 Appropriation Pending

Prepared By

Budgeted Amount:__$100.000.00

December 10, 2007
Date Prepared

Agenda Title:

Final Legislation — Local Public Agency (LPA) Agreement with the Ohio
Department of Transportation to Participate in an Urban Paving Project

Recommendation:

Approve

Discussion: The Ohio Department of Transportation (ODOT) has evaluated the road condition of certain
sections of state routes passing through the corporate limits of Oxford.
ODOT has proposed two
construction projects to improve the street surface condition of SR 73 and part of SR 732. The scope of
work would include a complete milling of the roadway surface up to six inches in depth, placement of
asphalt surface, and replacement of street markings. ODOT would pay 80% of project costs under their
Urban Paving Program while the City (the Local Public Agency, LPA) would be responsible for 20% of the
project costs.
On October 16, 2007, City Council Resolution #4302 approved the Preliminary legislation for subject

project.
Final legislation is required to proceed with this project. Council has tentatively approved $100,000 for this
project in the proposed Capital Improvement Plan for 2008. The City estimates our costs for the project at
approximately $90,000 at this time. Specific City responsibilities are outlined in the Final Legislation
document.
The proposed project limits for this program include the following:
State Route 73 — from Patterson Ave. to the Corporate Limit (approx. at Four Mile Creek)
State Route 732 — From the southern Corporate Limit to Brookville Road.
Staff recommends City Council approve this Resolution authorizing the City Manager to sign the attached
Final Legislation as well as to enter into contracts with the Ohio Department of Transportation to complete
the project.

Approved By:
Department Head:
City Attorney:
City Manager:

RESOLUTION NO.
A
RESOLUTION
AUTHORIZING
THE
CITY
MANAGER
TO
SIGN
FINAL
LEGISLATION AND OTHER CONTRACTS WITH THE OHIO DEPARTMENT OF
TRANSPORTATION IN CONNECTION WITH RESURFACING PORTIONS OF STATE
ROUTES 73 AND 732.
BE IT RESOLVED BY THE
COUNTY, STATE OF OHIO, THAT:

COUNCIL

OF

THE

CITY

OF

OXFORD,

BUTLER

SECTION 1: The City Manager and Service Director recommend approval of the attached
Final Legislation which is incorporated herein by this reference, and related contracts not attached,
in connection with a project to resurface portions of State Routes 73 and 732 which run through the
City of Oxford, Ohio.

SECTION 2:

Said resurfacing is necessary to maintain the safety and integrity of major

roads within the City of Oxford, Ohio, and would be undertaken jointly with the Ohio Department of
Transportation (ODOT) under their Urban Paving Program, as set forth in the referenced attachment.
SECTION 3:
Council has tentatively approved $100,000
Improvement Plan for 2008.

SECTION 4:

for said project in its Capital

Council hereby accepts the recommendation of the City Manager and Service

Director and approves the attached Final Legislation.
SECTION 5:
Council hereby authorizes the City Manager to sign the attached Final
Legislation, and to enter into related contracts with ODOT to complete said resurfacing project.
SECTION 6: This resolution shall take effect at the earliest date allowed by law.

MAYOR
ADOPTED:
ATTEST:

DEPUTY CLERK OF OXFORD CITY COUNCIL
INTRODUCED BY: KEN BOGARD
PREPARED BY: LAW(STAFF)

(Resolution No. 4302)

PID No.
Project No.

FINAL

75505
(2007)

RESOLUTION

The following Final Resolution enacted by the City of Oxford, Ohio, hereinafter referred
to as the Legislative Authority/Local Public Agency or "LPA", in the matter of the stated
described project.
WHEREAS, on 16th day of October, 2007, the LPA enacted legislation proposing
cooperation with the Director of Transportation for the described project:
Plane and pave State Route 73 from Patterson Avenue to the City of Oxford east
corporation line and State Route 732 from the City of Oxford south corporation
line to Chestnut Street. Install raised pavement markers and pavement markings,
lying within the City of Oxford; and
WHEREAS, the LPA shall cooperate with the Director of Transportation in the above
described project as follows:
The City agrees to assume and bear the entire cost and expense of the
improvement, less the amount of State funds set aside by the Director of
Transportation of the State of Ohio for the financing of this improvement from
funds allocated by the Federal
Highway Administration, U.S. Department of
Transportation, ad further, the City agrees to assume and bear one hundred
percent of the cost of the following items:
1. Preliminary Engineering, excluding in-house preliminary engineering charges
incurred by the State.
2. Right-of-Way.
In addition, the City also agrees to assume and bear one hundred percent (100%)
of the cost of any construction items requested by the City on the entire
improvement, which are not necessary for the improvement, as determined
by the State and Federal Highway Administration.
The share of the cost of the LPA is now estimated in the amount of Seventy One
Thousand Forty Eight and - - -- 00/100 Dollars, ($71,048.00), but said estimated amount
is to be adjusted in order that the LPA's ultimate share of said improvement shall
correspond with said percentages of actual costs when said actual costs are determined;
and
WHEREAS, The Director of Transportation has approved said legislation proposing
cooperation and has caused to be made plans and specifications and an estimate of cost
and expense for improving the above described highway and has transmitted copies of the
same to this legislative authority; and
WHEREAS, The LPA desires
aforesaid highway improvement.

the

Director of Transportation

to proceed

with the

PID No. 75505 - Final Resolution

NOW,

THEREFORE,

be it resolved:

I.

That the estimated sum of Seventy One Thousand Forty Eight and - - - - 00/100
Dollars, $71,048.00, is hereby appropriated for the improvement described above
and the fiscal officer is hereby authorized and directed to issue an order on the
treasurer for said sum upon the requisition of the Director of Transportation to pay
the cost and expense of said improvement. We hereby agree to assume in the first
instance, the share of the cost and expense over and above the amount to be paid
from State funds.

I.

That the LPA hereby requests the Director of Transportation to proceed with the
aforesaid highway improvement.

HI.

That the LPA enter into a contract with the State, and that City Manager be, and
is hereby authorized to execute said contract, providing for the payment of the LPA
the sum of money set forth herein above for improving the described project.

IV.

That the LPA transmit to the Director of Transportation a fully executed copy of this
Resolution.

This is to certify that we have compared the foregoing copy of Resolution with the original
record thereof, found in the record of the proceedings of the LPA, and which Resolution
was duly passed by the LPA on the
day of
2
:
and that the same is a true and correct copy of the record of said Resolution and the action
of said LPA thereon.
We further certify that said Resolution and the action of said LPA thereon is recorded in
the journal of said LPA in Volume
, at Page
, and under date of
,2

Legislative Authority of the
City of Oxford, Ohio

City Manager

SEAL
(if Applicable)

Clerk (Secretary Ex-Officio)

PID No.
Project No.

75505
(2007)

FISCAL OFFICER’S CERTIFICATE
(Chapter 5521

and Section 5705.41, Ohio Revised Code)

| hereby certify to that the money, to wit: $71,048.00 required for the payment of the

cost other than

that thereof assumed by the State Government, for the improvement of that

portion of State Route 73, lying within the corporate limits of the City of Oxford, more
particularly described as follows:
Plane and pave State Route 73 from Patterson Avenue to the City of Oxford
east corporation line and State Route 732 from the City of Oxford south
corporation line to Chestnut Street. Install raised pavement markers and
pavement markings, lying within the City of Oxford; and
has been lawfully appropriated for such purpose and is in the treasury to the credit of, or
has been levied placed on the duplicate and in process of collection for the appropriate
fund, and not appropriated for any other purpose; or is being obtained by sale of bonds
issued on account of said improvement, which bonds are sold and in process of delivery.
| further certify that this certificate was made, sealed and filed with the legislative
authority of the City of Oxford, Ohio, after said legislative authority passed the final
resolution in connection with the within described project; and that this certificate was
forthwith recorded in the record of the proceedings of said Jegislative authority, namely:
Legislative Authority's Journal, Volume
IN WITNESS WHEREOF,
officer, this

, at Page

,

I have hereunto set my hand and official seal as said fiscal
day of

, 2007.

(Fiscal Officer's Seal)
(if Applicable)

Fiscal Officer of the City of
Oxford, Ohio

PID No.
Project No.

75505
(2007)

CONTRACT
(Chapter 5521, Ohio Revised Code)

This contract is made by and between the State of Ohio, Department of Transportation,
acting through its director (hereinafter referred to as the "STATE"), 1980 West Broad
Street, Columbus, Ohio 43223, and the City of Oxford, (hereinafter referred to as the
legislative authority/Local Public Agency or "LPA”).

WITNESSTH:
WHEREAS, Chapter 5521 of the Ohio Revised Code provides that the legislative
authority may cooperate with the STATE in a highway project made by and under the
supervision of the Director of Transportation; and

WHEREAS, through the enactment of preliminary legislation, the LPA and the STATE
have agreed to cooperate in the highway project described below; and
WHEREAS, through the enactment of final legislation, the LPA has committed to pay
an estimated amount of money as its share of the total estimated cost and expense of the
highway project described below; and

WHEREAS, the fiscal officer of the LPA has filed with the LPA a certificate stating that
sufficient moneys are available, as required by Chapter 5521 and Section 5705.41 of the
Ohio Revised Code. A duplicate certificate is attached hereto; and
WHEREAS, in accordance with the final legislation, the LPA hereby enters into this
contract with the STATE to provide for payment of the agreed portion of the cost of the
highway project and any additional obligations for the highway project described below.
NOW, THEREFORE, in consideration of the premises and the performances of mutual
covenants hereinafter set forth, it is agreed by parties hereto as follows:

SECTION I:

RECITALS

The foregoing recitals are hereby incorporated as a material part of this contract.

SECTION Il:

PURPOSE

The purpose of this contract is to set forth requirements associated with the highway
project described below (hereinafter referred to as the "PROJECT"”) and to establish the
responsibilities for the administration of the PROJECT by the LPA and the STATE.

PID No.

SECTION Ill:

75505 - Contract

LEGAL REFERENCES

This contract is established pursuant to Chapter 5521 of the Ohio Revised Code.

SECTION IV:

SCOPE OF WORK

The work to be performed under this contract shall consist of the following:
Plane and pave State Route 73 from Patterson Avenue to the City of Oxford
east corporation line and State Route 732 from the City of Oxford south
corporation line to Chestnut Street. Install raised pavement markers and
pavement markings, lying within the City of Oxford .

SECTION V:

FINANCIAL PARTICIPATION

1.

The STATE agrees to provide the necessary funds as enumerated in this section
and allowed by law for the financing of this project.

2.

The STATE may allocate the money contributed by the LPA in whatever manner it
deems necessary in financing the cost of construction, right-of-way, engineering,
and incidental expenses, nctwithstanding the percentage basis of contribution by
the LPA.

3

The total cost and expenses for the project are only an estimate and the total cost
and expenses may be adjusted by the STATE. If any adjustments are required,
payment of additional funds shall correspond with the percentages of actual costs
when said actual costs are determined, and as requested, by the Director of
Transportation.

4.

The LPA agrees to pay to the STATE its share of the total estimated cost expense
for the above highway project in the amount of Seventy One Thousand Forty

Eight and - - - - 00/100 Dollars, ($71,048.00)
a

The City agrees to assume and bear the entire cost and expense of the
improvement, less the amount of State funds set aside by the Director of
Transportation of the State of Ohio for the financing of this improvement from
funds allocated by the Federal Highway Administration, U.S. Department of
Transportation, ad further, the City agrees to assume and bear one hundred
percent of the cost of the following items:

1. Preliminary Engineering, excluding
charges incurred by the State.
2. Right-of-Way.

in-house

preliminary

engineering

PID No. 75505 - Contract

In addition, the City also agrees to assume and bear one hundred percent
(100%) of the cost of any construction items requested by the City on the
entire improvement, which are not necessary for the improvement, as
determined by the State and Federal Highway Administration.

The LPA agrees that change orders and extra work contracts required to fulfill the
construction contracts shall be processed as needed.
The STATE shall not
approve a change order or extra work contract until it first gives notice, in writing, to
the LPA.
The LPA shall contribute its share of the cost of these items in
accordance with other sections herein.

SECTION VI:
1.

RIGHT-OF-WAY AND UTILITIES

The LPA agrees that all right-of-way required for the described project will be
acquired and/or made available in accordance with current State and Federal
regulations. The LPA also understands that right-of-way costs include eligible utility
costs.
The LPA agrees that all utility accommodation, relocation, and reimbursement will
comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual,
including that:
A.

Arrangements have been or will be made with all utilities where facilities are
affected by the described PROJECT, that the utilities have agreed to make
all necessary removals and/or relocations to clear any construction called for
by the plans of this PROJECT, and that the utilities have agreed to make the
necessary removals and/or relocations after notification by the LPA or
STATE.

B.

The LPA shall, at its own expense, make all removals and/or relocations of
publicly-owned utilities which do not comply with the reimbursement
provisions of the ODOT Utilities Manual. Publicly-owned facilities which do
comply with the reimbursement provisions of the ODOT Utilities Manual will
be removed and/or relocated at project expense, exclusive of betterments.

C.

The removals and/or relocation of all utilities shall be done in such a manner
as not to interfere with the operation of the contractor constructing the
PROJECT and that the utility removals and/or relocations shall be approved
by the STATE and performed in accordance with the provisions of the ODOT
Construction and Materials Specifications.

PID No. 75505 - Contract

SECTION VII :

ADDITIONAL

PROJECT

OBLIGATIONS

S TATE

shall initiate the competitive bid letting process
PROJECT in accordance with ODOT's policies and procedures.

1.

The

2.

The LPA agrees:

A.
B.

and

award

the

To keep said highway open to traffic at all times;
To provide adequate maintenance for the PROJECT in accordance with all
applicable state and federal law, including, but not limited to, Title 23, U.S.C.,
Section 116;
To make ample financial and other provisions for such maintenance of the
PROJECT after its completion;
To maintain the right-of-way and keep it free of obstructions in a manner
satisfactory to the STATE and hold said right-of-way inviolate for public
highway purposes;
To place and maintain all traffic control devices conforming to the Ohio
Manual on Uniform Traffic Control Devices on the project in compliance with
the provisions of Section 4511.11 of the Ohio Revised Code;
To regulate parking in accordance with Section 451 1.66 of the Ohio Revised
Code, unless otherwise controlled by local ordinance or resolution.

SECTION Vil I:

DISPUTES

In the event that any disputes arise between the STATE and LPA concerning interruption
of or performance pursuant to this contract, such disputes shall be resolved solely and
finally by the Director of Transportation.
SECTION

IX:

NOTICE

Notice under this contract shall be directed as follows

City of Oxford
101 E. High Street
Oxford, Ohio
45056

Ohio Department of Transportation
Office of Estimating
1980 West Broad Street, 1st Floor
Columbus,

Ohio 43223

PID No. 75505
- Contract
SECTION

X:

GENERAL

PROVISIONS

1.

This contract constitutes the entire contract between the parties.
All prior
discussions and understandings between the parties are superseded by this
contract.

2.

Neither this contract nor any rights, duties or obligations described herein shall be
assigned by either party hereto without the prior express written consent of the other
party.

3.

Any change to the provisions of this contract must be made in a written amendment
executed by both parties.

4.

This contract and any claims arising out of this contract shall be governed by the
laws of the State of Ohio. Any provision of this contract prohibited by the law of
Ohio shall be deemed void and of no effect. Any litigation arising out of or relating
in any way to this contract or the performance thereunder shall be brought only in
the courts of Ohio, and the LPA hereby irrevocably consents to such jurisdiction.
To the extent that the STATE is a party to any litigation arising out of or relating in
any way to this contract or the performance thereunder, such an action shall be
brought only in a court of competent jurisdiction in Franklin County, Ohio.

5.

All financial obligations of the State of Ohio, as provided in this contract, are subject
to the provisions of Section 126.07 of the Ohio Revised Code.
The financial
obligations of the State of Ohio shall not be valid and enforceable unless funds are
appropriated by the Ohio General Assembly and encumbered by the STATE.
Additionally, it is understood that this financial obligation of the LPA shall not be
valid and enforceable unless funds are appropriated by the LPA's legislative body.

6.

This contract shall be deemed to have been substantially performed only when fully
performed according to its terms and conditions and any modification thereof.

SECTION XI:

SIGNATURES

Any person executing this contract in a representative capacity hereby warrants that he/she
has been duly authorized by his/her principal to execute this contract on such principal

behalf.

PID No. 75505 - Contract
IN WITNESS THEREOF,

the parties hereto have caused this contract to be duly executed

in duplicate.
SEAL
(If Applicable)

OHIO DEPARTMENT
TRANSPORTATION

OF

LOCAL PUBLIC AGENCY
City of Oxford

Director of Transportation

City Manager

Date

Date

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Service Department
Originating Department

City Council Meeting of: January 15, 2008
Michael B. Dreisbach, Service Director

Account Code #:

Not Applicable

Prepared By

Budgeted Amount:_Not applicable

Agenda Title:

January 3, 2008
Date Prepared

Preliminary Legislation — Local Public Agency (LPA) Agreement with the Ohio
Department of Transportation to Participate in a Project to Rehabilitate a Portion
of High Street.

Recommendation:

Approve

Discussion:

City Staffrequested assistance from the Ohio Department of Transportation (ODOT) to rehabilitate a section
of High Street, specifically from Main Street to Beech Street. This section of brick surfaced US 27, is in
very poor condition with the road base failing in several sections of the road. The City has requested ODOT
use the remaining portion of the FY2005 federal highway funding earmark for this project prior to the
funding authorization expiring. The available funding for this project is $364,000 from the FY2005
earmarked appropriation.
ODOT has agreed to the project and assigned it PID No. 83549.
The road section number is
“BUT US 27- 16.14”. The project scope involves the removal (and storage) of existing brick; removal of|
existing concrete/aggregate road base; replacement of aggregate and concrete base, and installation of
existing bricks. This work will be an ODOT project and will be managed by ODOT staff (just as US27
improvements on College Corner Pike). In addition to ODOT’s scope, City staff will be installing a new
ductile iron water main and a buried duct bank below the reconstructed brick surface. At some point in the
future, the duct bank could be used for underground wiring for holiday light displays, power for street
lighting, fiber optic / telecommunication cable, irrigation water for seasonal flower displays, etc.
Preliminary legislation is required to proceed with this project. While a project of this nature typically
requires a 20% match from local funds, in this case, ODOT is applying Toll Revenue Credit to cover the
required local match.
Staff recommends City Council approve this Resolution authorizing the City Manager to sign the attached
Preliminary Legislation as well as to enter into contracts with the Ohio Department of Transportation to
complete the project.

Approved By:

Initial

Department Head:
City Manager:

TED
Gee

Date

3-78 [oS
He

RESOLUTION NO.

A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN PRELIMINARY
LEGISLATION AND OTHER CONTRACTS WITH THE OHIO DEPARTMENT OF
TRANSPORTATION IN CONNECTION WITH THE REHABILITATION OF A PORTION
OF HIGH STREET (US 27) FROM MAIN STREET TO BEECH STREET.
BE IT RESOLVED BY THE
COUNTY, STATE OF OHIO, THAT:

COUNCIL

OF

THE

CITY

OF

OXFORD,

BUTLER

SECTION 1: The City Manager and Service Director recommend approval of the attached

Preliminary Legislation which is incorporated herein by this reference, and related contracts not
attached, in connection with a project to rehabilitate a portion of High Street (US 27) from Main
Street to Beech Street which runs through the City of Oxford, Ohio.
SECTION 2: Said rehabilitation is necessary to maintain the safety and integrity of a major
road within the City of Oxford, Ohio, and would be undertaken by the Ohio Department of
Transportation (ODOT) utilizing the remaining portion of the FY2005 federal highway funding
earmarked for this project as well as a Toll Revenue Credit to cover the required local match.

SECTION 3: Council hereby accepts the recommendation of the City Manager and Service
Director and approves the attached Preliminary Legislation.

SECTION 4:

Council hereby authorizes the City Manager to sign the attached Preliminary

Legislation, and to enter into related contracts with ODOT to complete the rehabilitation project.
SECTION 5: This resolution shall take effect at the earliest date allowed by law.

MAYOR
ADOPTED:
ATTEST:

DEPUTY CLERK OF OXFORD

CITY COUNCIL

INTRODUCED BY: KEN BOGARD
PREPARED BY: LAW(STAFF)

PRELIMINARY LEGISLATION
Rev, 6/26/00

Ordinance/Resolution#

PID No. 83549
County/Route/Section : BUT US 27 - 16.14
The following is

enacted by the _ City__of Oxford, Butler
(Ordinance/Resolution)

(Local Public Agency)

County, Ohio, hereinafter referred to as the Local Public Agency (LPA), in the matter of the stated
described project.

SECTION I - Project Description
WHEREAS, the City has identified the need for the described project:
Rehabilitate a portion of High Street ( US 27 ) from Main Street to Beech Street by
removing the existing brick pavers, replacing the failing concrete base and replacement
of the brick pavers
NOW THEREFORE, be it ordained by the City of Oxford, Ohio.
(LPA)

SECTION

II - Consent Statement

Being in the public interest, the LPA gives consent to the Director of Transportation to complete the
above described project.

SECTION III - Cooperation Statement
The LPA shall cooperate with the Director of Transportation in the above described project as
follows:
The City agrees to assume and bear one hundred percent ( 100% ) of the Preliminary
Engineering and Right-of-way Phases plus the non-Federal share of the Construction cost
of the subject project.
The City further agrees to pay one hundred percent (100%) of the cost of those features
requested by the City which are not necessary for the improvement as determined by the
State and Federal Highway Administration.

PID No. 83549
SECTION IV - Utilities and Right-of-Way Statement

The LPA agrees that all right-of-way required for the described project will be acquired and/or made
available in accordance with current State and Federal regulations. The LPA also understands that
right-of-way costs include eligible utility costs.
The LPA agrees that all utility accommodation, relocation and reimbursement will comply with the
current provisions of 23 CFR 645 and the ODOT Utilities Manual.
SECTION

V - Maintenance

Upon completion of the Project, and unless otherwise agreed, the City shall:
(1) provide adequate maintenance for the Project in accordance with all applicable state and federal
laws, including, but not limited to, Title 23, U.S.C., Section 116; (2) provide ample financial
provisions, as necessary, for the maintenance of the Project; (3) maintain the right-of-way, keeping
it free of obstructions: and (4) hold said right-of-way inviolate for public highway purposes.
SECTION VI - Authority to Sign

of said City of Oxford is hereby empowered on

The
(Contractual Agent)

(LPA)

behalf of the City of Oxford to enter into contracts with the Director of Transportation
(LPA)
necessary to complete the above described project.
Passed:

32
(Date)

Attested:
(Clerk)

(Officer of LPA - title)

(Title)

(President of Council)

Attested:

This Resolution No.

is hereby declared to be an emergency measure to expedite the

(Ordinance/Resolution)

highway project(s) and to promote highway safety. Following appropriate legislative action, it shall
take effect and be in force immediately upon its passage and approval, otherwise it shall take effect
and be in force from and after the earliest period allowed by law.

PID No. 83549
CERTIFICATE OF COPY
STATE OF OHIO
City of Oxford
(LPA)

of

I,

Butler County, Ohio

, as Clerk of the City of Oxford, Butler County,

(LPA)

Ohio, do hereby certify that the foregoing is a true and correct copy of
(Ordinance/Resolution)

adopted by the legislative Authority of the said City of Oxford
(LPA)
of
, 2008,
that the publication of such

on the

day

has been made and certified of record
(Ordinance/Resolution)

according to law;

that no proceedings looking to a referendum upon such
(Ordinance/Resolution)

have been taken; and that such

and certificate of publication thereof
(Ordinance/Resolution)

are of record in
(Ordinance/Resolution Record No.)

IN WITNESS WHEREOF, [ have hereunto subscribed my name and affixed my official
seal, if applicable, this
day of
»2 008 .

Clerk

(SEAL)
(If Applicable)

City of Oxford, Ohio.
(LPA)

The aforegoing is accepted as a basis for proceeding with the project herein described.
For the City of Oxford, Ohio
(LPA)
Attest:

, Date
Contractual Officer

FRR HR 8 HE

AR SAS HC He eC 2S 2A 29 fe 9S 2g fe 2g 2 ee 2

2S oe fee AS

2 af 2 22 2 2 2 2g 2 2G 2 2

2 2 246 2S 3S

2 2 2g 2S fe 2S iG fg 2A fe fe 2g 2 0K OK ok 2k 2K 2 ok

For the State of Ohio
Attest:

, Date
Director , Ohio Department of Transportation

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Service Department
Originating Department

City Council Meeting of: January 15, 2008
Michael B. Dreisbach

Account Code #:

Not Applicable

Prepared By

Budgeted Amount: Not Applicable

Agenda Title:

January 3, 2007
Date Prepared

Lease, Utility, and Access Easement Agreement with Butler County

Recommendation:

Approve

Discussion:
Since Miami University notified the City of Oxford of its intention to decommission the
Williams Hall antenna tower, City staff has been working to evaluate other solutions for public safety and
City utility communication and data operations. After evaluating possible options, the city owned Municipal
Garage site was selected for the construction of an antenna tower comparable to the Williams Hall tower.
The City obtained the proper permits for the site including several variances from the Board of Zoning
Appeals and a conditional use permit for the site.
Staff attempted to negotiate with the private sector for the construction of a tower without using the capital
improvement funds of the City, however negotiations became stalled and the City explored other options.
After further evaluation, it became clear that the best alternative would be to partner with Butler County as
they were also constructing multiple towers throughout Butler County. City staff, including Sgt. Franke
working a special assignment for communication operations with Butler County, met with County staff on
numerous occasions and negotiated an agreement for the construction of a tower at the Municipal Garage
site. The agreement has favorable terms to the City, and allows for the construction and operation of the
tower without investment from the City.
To summarize the attached proposed Agreement (attorney comments have been included for the Council’s
information), the City will provide the land for the tower and associated equipment and the County will pay
for all construction and maintenance costs for the site (the City will also receive $1 as rent payment from the
County). City and County public safety communication equipment will be mounted on the tower, and the
possibility exists for private communication equipment to be operated as well to earn revenue for the City
and County. Should this possibility come to fruition, a separate Agreement Amendment must be approved
by the City prior to installation. The initial term of the Agreement is for five years, with automatic renewal
terms of five years. Should the agreement not be renewed, the County will be responsible for dismantling
the tower or the City may elect to take possession of the tower.
Staff recommends approval of this agreement with Butler County, and this Resolution will authorize the City
Manager to enter into and enforce the Agreement.
Approved By:

Initial
Department Head:

City Manager:

Date
B/ bd

é

\

i

/

RESOLUTION

NO.

A RESOLUTION AUTHORIZING
THE CITY MANAGER TO ENTER INTO A LEASE,
UTILITY,
AND ACCESS
EASEMENT AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS
OF BUTLER COUNTY FOR THE LOCATION AND OPERATION OF
A COMMUNICATION
TOWER.

BE
COUNTY,

IT RESOLVED BY
STATE OF OHIO,

SECTION

1:

THE COUNCIL
THAT:

The

City

OF

Manager

THE

CITY

and

Service

OF

OXFORD,

BUTLER

Director

recommend the City Manager enter into a Lease,
Utility,
and
Access Easement Agreement with the Board of County Commissioners

of

Butler

County

for

the

location

and

operation

of

a

communication
tower,
set forth in Attachment
‘A’
attached hereto
and incorporated herein
for a period of five
(5)
years with
automatic
renewal terms
of five
(5) years.
The communication
tower will provide
a platform for City of Oxford antennas.

enter

the

SECTION
into a

Board

of

2:
Lease,

County

Council hereby authorizes
the City Manager to
Utility,
and Access
Easement Agreement with

Commissioners

of

Butler

County

for

the

for

location and operation
of a communication
tower,
set forth in
Attachment
‘A’
attached hereto and incorporated herein for a
period of five
(5)
years with automatic renewal
terms of five

years.
of

The

Oxford

communication

will

provide

a

platform

shall

take

effect

antennas.

SECTION

3:

date

earliest

tower

This

resolution

by

allowed

law.

MAYOR
ADOPTED:
ATTEST:

DEPUTY

CLERK

INTRODUCED
PREPARED

BY:
BY:

OF

OXFORD
PRUE

CITY

DANA

LAW(STAFF)

COUNCIL

at

City

the

(5)

Attachment

"A"

LEASE AND UTILITY AND ACCESS EASEMENT AGREEMENT
BETWEEN
THE BOARD OF COMMISSIONERS OF BUTLER COUNTY
AND
THE CITY OF OXFORD, OHIO

Comment [A1]: Separate easement
instrument removed, Legal Descriptions
only attached as Exhibits

This Lease and Easement Agreement (‘“‘Agreement”) is entered into as of the _ day of
;
2007, at Hamilton, Ohio, between the Board of County Commissioners of Butler County, Butler
County Government

Services Center, 315 High Street, Hamilton, OH, 45011

City of Oxford, Ohio, Oxford Municipal Building,

(“Lessee”) and the

101 East High Street, Oxford, Ohio 45056,

(“Lessor”) for the use in connection with the operation of a R.C. 307.63 countywide public
safety communications system (as such a system is now and may hereafter be defined) to be
known as the Butler County Public Safety Communication System (the “System.”).
WITNESSETH
IN

CONSIDERATION

OF

the

mutual

promises

and

subject

to the terms

and

conditions

hereinafter set forth, Lessor and Lessee do hereby agree as follows:

SECTION 1: LEASED PREMISES

propesty

(a)

Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the real

described in Exhibit A, which description is incorporated herein as if fully rewritten

ere, (“hereinafter called “Leased Premises”) situate in the City of Oxford, Butler County, Ohio.

The Leased Premises is part of an overall
incorporated herein as if fully rewritten here.
(b)

Lessor

does

not warrant

site plan attached

the above

as Exhibit

or underground

B, which

conditions

also

is

at the Leased

Premises are suitable for Lessee’s intended use. Lessee has chosen the Leased Premises as a site,
and Lessor has not solicited Lessee to locate there. Lessee takes the Leased Premises in its “as
is” condition.

(c)
Collectively the Leased Premises and the property burdened by the utility and
access easement shall be referred to as the “Property”.
SECTION 2: GRANT OF UTILITY EASEMENT AND ACCESS EASEMENT
(a)
Utility Easement.
In connection with and for so long as this Lease remains in
effect, Lessor hereby grants to Lessee a utility easement for the benefit of the Leased Premises.

This utility easement is described in Exhibit C attached to this Lease, and that description is
incorporated herein and made a part hereof as if it was fully rewritten here. This utility easement
shall be for the use and enjoyment of the facilities on the Leased Premises in order to permit
them to be provided with energy and telephone access. By way of illustration and not by way of
limitation, energy may be needed for security lighting, alarm systems, aerial warning lights, and
for powering all equipment used on the Leased Premises.
At its own expense, Lessee, its
employees, contractors, or crews of a local public utility shall enjoy the right to install utility

improvements within this utility easement above or below ground for the benefit of the Leased

Premises. If any such improvements are constructed above ground, Lessee shall enjoy the right

to relocate, at its own expense, aerial interferences with the utility improvements to a location
designated by Lessor. if interference or conflict should develop underground between utility
infrastructure uses within the utility easement, Lessor shall have the right to determine which
infrastructure use shall yield or adjust its facilities to the existing improvement within the

=

=

Comment [A2]: No separate easement
| instrument exists any longer.

|

easement. Lessee shall have a duty to safely, prudently, and without undue delay construct,
operate, repair, replace, maintain and eventually remove any utility infrastructure located within
the easement. All concrete footers or structures must be removed one (1) foot below the top of
the surface. If sufficient space has not been provided within the easement granted to safely
construct, operate, repair, replace and maintain any utility infrastructure located within the
easement, upon Lessor’s prior written approval, Lessee shall enjoy the right to temporarily use
adjacent ground, owned or controlled by Lessor, to operate equipment upon to engage in
construction, operation, repair, replacement and maintenance activity.
Following any
disturbance of the earth for the enjoyment of this easement, Lessee shall restore the disturbed
earth to its former appearance and apply grass seed or surfacing material as was the case
preceding the activity.
(b)
Access Easement.
In connection with and for so long as this Lease remains in
effect, Lessor hereby grants to Lessee an access easement between a public roadway and the
Leased Premises for the benefit of the Leased Premises. This access easement is described in
Exhibit D attached to this Lease, and that description is incorporated herein and made a part here
of as if it was fully rewritten here. Lessee shall either have control this access easement or the
right to utilize it twenty-four hours a day every day. This access easement shall be intended for
ingress to and egress from the System on the Leased Premises in order to permit them to be made
accessible to responsible persons having reason to safely, prudently, and without undue delay
construct, operate, repair, replace, maintain and eventually remove any communication
infrastructure, facilities or equipment located on the Leased Premises. By way of illustration and
not by way of limitation, access may be needed by county personnel, maintenance and repair
subcontractors,

or other

users

of the facilities

on the Leased

Premises.

At

its own

expense,

Lessee shall enjoy the right to improve this access easement with a paved roadway upon written
approval from Lessor. If any such improvements are constructed above ground, Lessee shall
enjoy the right to relocate, at its own expense, aerial interferences with the utility improvements
to a location designated by Lessor. Lessee shall have a duty to safely, prudently, and without
undue delay construct, operate, repair, replace, maintain and eventually remove any
improvements located within the easement. If sufficient space has not been provided within the
easement granted to safely gain access to the Leased Premises in order to construct, operate,
repair, replace or maintain any infrastructure located on the Leased Premises, upon Lessor’s
prior written approval, Lessee shall enjoy the right to temporarily use adjacent ground, owned or
controlled by Lessor, to access the Leased Premises in order to engage in construction, operation,
repair, replacement and maintenance activity on the Leased Premises.
Following any
disturbance of the earth for the enjoyment of this easement, Lessee shall restore the disturbed
earth to its former appearance and apply grass seed or surfacing material as was the case
preceding the activity. While the access easement will commence on a public road, no part of a
public road shall be part of the access easement.
SECTION 3: PURPOSE
(a)
The purpose of this Agreement is to enable Lessee to use the Leased Premises as
a site for some portion of the System as well as, where possible, for Lessee to co-locate other
telecommunications providers in order to avoid proliferation of cellular towers and provide a
revenue source to offset against the operating costs of the System.
(b)
The purpose of the utility easement made a part of this Lease is to allow the
Leased Premises to be provided with necessary power for operation of both System and other
facilities which may, from time to time, be located on the Leased Premises. The purpose of the

access easement made a part of this Lease is to allow the Leased Premises to be accessed by
persons having legitimate need to access the Leased Premises for care, maintenance, repair,
replacement, rehabilitation, rebuilding, reconstruction, modernization, operation and finally

removal of both System and other facilities which may, from time to time, be located on the
Leased Premises.
SECTION 4: INITIAL AND RENEWAL TERMS

{ Comment [A3]: County will only
| enter into leases for five year periods ata

The Initial Term of this Agreement shall be for a period of five (5) years beginning on the
date

this

instrument,

as

set

forth

above,

and

ending

on

the

fifth

anniversary

date

tume

|

}

of this

Agreement (“Initial Term”).
Provided:

(a) the System as a whole or this site in particular has not previously been

disassembled and relocated, discontinued, or abandoned by Lessee, (b) Lessee or Lessor has not

provided the other party with a Notice of Termination or Cancellation of this Agreement at least

sixty (60) days prior to the anniversary date of the initial or any Renewal Term as defined herein,
(c) Lessee is not in material default of its rights or duties hereunder, and (d) Lessee has paid
Lessor all amounts due during this Agreement, upon expiration of the Initial Term or any

Renewal Term of this Agreement, it shall automatically renew for another five (5) calendar year
term (“Renewal Term”). The number of Renewal Terms is not limited by this Agreement.
However, Lessor and Lessee agree that if Lessee’s use of the Leased Premises for System

purposes ever ceases without plans for the Leased Premises immediate re-use for communication

purposes, this Agreement shall end on December 31“ of the year in which such cessation of use
occurs and the improvements on the Property shall be removed or left in place as later provided
in Section 17.
During any Renewal Term of this Agreement, all of the covenants and conditions which
prevailed during the Initial Term shall also be in effect.
SECTION 5: RENT
(a)
Annual Rent. During the initial and any Renewal Terms of this Agreement,
Lessee shall pay to the Lessor annual rent in the amount of One Dollar ($1.00), which shall be
due on the first day of January each year.
(b)
Third Party Co-Location.
In addition to the foregoing Annual Rent, Lessee
agrees to share with Lessor a percentage of its net profit or otherwise compensate Lessor (as

determined in an amendment to this lease) for allowing any third parties to use the Leased

Premises for the commercial communication purposes of such third party. The terms of such colocation for a third party and any profit sharing or other compensation shall be set forth in an
amendment to this lease that is to be negotiated signed by both Lessor and Lessee before any colocation takes place or any collocation sublease is signed.
(c)
Consideration for Accompanying Easements. The annual rent set forth in
subsection (a) above shal! also constitute the consideration for the granting of the access and
utility easements attached hereto.
(d)
Place Where Rent is Payable. Rent shall be sent to principal place of business of
the Lessor. The Lessor may change the place of payment for the rent by notifying the Lessee in
writing at least ten (10) days in advance of any rent payment date.

| Comment [A4]: There is no se
| co-location agreement. At presen
Commissioners have said they wou.— ..0t
lease to co-locators due to conflicting
demands and variation among Lessors
over % share of the tent. Hence, if the
opportunity presents, the terms will then
be negotiated. Tried to clarify this.

Comment [A5]: I added (c ) to reflect
consideration for the access and utility
easements.

|

SECTION 6: UTILITIES AND EXPENSES
(a)
Lessee shall be responsible for any snow removal, security fencing, lighting, pest
control, insurance, real property taxes, construction, operation, repair, replacement maintenance
of the System improvements and facilities erected or installed on the Property.
(b)
All utility expenses or other service expenses for Lessee’s use of the Property
shall be separately metered from Lessor and all such utility or other service established for the
Property shall be performed using an account solely in Lessee’s name and shall be Lessee’s
exclusive financial responsibility. In no case shall Lessor be responsible for utility or other
services supplied to the Property unless Lessor itself has located its own facilities on the Property
requiring energy for which service is being purchased by Lessor. Multiple and even redundant,
utility services, connections, and accounts can be established and used on the Property.
(c)
Except as otherwise provided here, Lessee shall be responsible both financially
and operationally for all obligations related to Lessee’s utility service to the Property. All
obligations and expenses, incurred at any time, related to Lessee’s utility service shall be the sole
responsibility of Lessee. If Lessor incurs any expense or obligation as a result of Lessee’s utility
service or any agreement for Lessee’s utility service, Lessee shall assume any such obligation
and Lessee shall directly pay any such expense. In the event Lessor pays any such expense,
Lessee shall fully reimburse Lessor for that expense, including reasonable attorneys’ fees and
other expenses of litigation or other defense if applicable.
(d)
Lessee shall further be entitled by this Agreement to plan, design, construct and
operate an emergency source of power, which may involve energy production by combustion
engine using a fuel stored on site, for an indeterminate period of time when normal electrical
service to the Property is interrupted and continuing until it is suitably restored, provided
however, the Lessee may not place any underground fuel storage tanks on the Property.
SECTION 7: BUILD-OUT AND NECESSARY PERMITTING
Motorola, Inc. was the successful bidder for the design fabrication and construction of the
System. Motorola and Lessee shall be responsible for securing any necessary zoning and
building permits required for the System. Lessee is required to ensure that Motorola performs its
obligations to construct on the Property in accordance with the terms of this Agreement and with
any applicable federal, state and local laws and regulations and building permits as the same are
in effect at the time of first construction of regulated improvements.
If Lessor’s signature,
authorization and/or cooperation is needed in order to obtain the right to use the Property for the
purposes intended hereunder, Lessor agrees to do all things reasonably necessary to obtain such
right to use, provided, however, Lessor shall not be required to expend any funds or to become
obligated under any agreement or writing.
SECTION 8: REPAIR AND CARE OF PREMISES OF PROPERTY
Lessee shall do all work and things hereby authorized to be done by it upon or affecting
the Property, in a good and workmanlike manner, and so as to cause no unnecessary damage or
disturbance to the Property. Lessee, its successors or assigns, will be responsible for and pay
Lessor for any damages occasioned to the Property and/or to Lessor, its respective successors,
assigns, licensees or sublessees, by Lessee, its employees, agents, contractors, in so erecting,
constructing, maintaining, operating, replacing, relocating or removing the System together with
any and all other structures and improvements, or any part thereof, or that may result from any

reason or cause to Lessor,

its respective

successors,

assigns

or lessees or to Lessor’s

lands

in

consequence of the granting by Lessor of said rights and privileges.

SECTION 9: LESSOR ACCESS
Except in the event of emergency or except to gain access to Lessor’s own facilities on
the Leased Property, Lessor shall not have the right to enter the fenced portion of the Leased
Premises where broadcasting or transmitting equipment is located due to the specialized nature
and sensitivity of the equipment and the environmental conditions which must be maintained for
equipment to operate.
SECTION

10: LESSEE’S OBLIGATIONS UNDER THIS AGREEMENT

Lessee agrees during the initial and any Renewal Term of this Agreement to undertake
the following duties:
(a)
Exterior Repair and Maintenance: Lessee agrees that it will, at its own expense,
keep the exterior of any enclosed structures or cabinets on the Property in good, clean, sanitary,
and, at all times, environmentally safe condition, and that it will promptly initiate action to make

such exterior repairs, replacements, and/or maintenance as they become necessary or appropriate.
At its own expense, Lessee will repair, replace and maintain the exterior of all structures of every
kind located on the Property including without limitation: the roof; doors and windows; any
aerial navigation lights; and also cut, trim and control plants, trees or vegetation within fenced
areas and any plants, trees or vegetation planted as screening on the outside of the fenced area by
Lessee. Lessee shall, at its own expense, plant such plants, trees, vegetation or other landscaping
on or surrounding the fenced area of the Property as may be required by applicable planning and
zoning regulations.
(b)

Interior Repair and Maintenance:

Lessee agrees that it will, at its own expense,

keep the interior of any enclosed structures on the Property in good, clean, sanitary, and
environmentally safe condition, and that it will promptly initiate action to make such interior
repairs, replacements, and/or maintenance as it becomes necessary or appropriate. At its own
expense, Lessee shall repair, replace and maintain the interior of all structures located on the
Property. Lessee will repair, replace and maintain the interior of all structures located on the
Property, including without limitation, as applicable, broken glass; doors and locks, the heating
ventilating and air conditioning system; any plumbing system; and any electrical wiring, fixtures
and equipment. When it becomes necessary, Lessee will repair or replace the HVAC system,
doors, ceiling tiles, ceiling lighting, light fixtures and ballasts, electric wiring, fixtures, and panel,
and electrical equipment which are a part of the System. Lessee shall be responsible for all
cleaning and janitorial service with respect to the interior of the Property.
(c)
Taxes and Assessments:
Lessee shall pay any and all federal, state and local
taxes, charges and assessments levied or assessed upon or in respect to the Property and the
System, together with any and all other structures and improvements, when and as due and
payable, whether assessed with real or personal property of the Lessor or separately. In the event

Comment [A6]: Qualified
by adding

any part of said improvements or real property is assessed to Lessor, Lessee will on demand pay
Lessor or the proper taxing authority the amount of the taxes so assessed upon such
improvements within the discount period for payment thereof.
Lessor shall cooperate with
Lessee, by signing tax exempt applications and other appropriate documents, in order to obtain
and maintain the tax exempt status of the Property and any fixtures and personal property
thereon.
(d)
Snow Removal: Lessee shall provide such prompt removal of snow and ice from
the access easement as Lessee deems necessary for its purposes.
(e)
Extermination:
Lessee shall provide extermination
necessary to maintain the Property in reasonable condition.

service,

as

reasonably

(f)
Trash Removal:
Lessee shall police the access easement and Property and keep
them free of debris and trash but is not required to provide regular interval trash removal.
(g)
Emergency Equipment: Lessee shall provide and maintain emergency equipment
and facilities on the Property including exit lights and signs and fire extinguishers, as required by
federal, state or local law or code.

(h)
Compliance with Laws and Regulations: Lessee shall comply with all federal,
state, county and city laws, ordinances and regulations affecting or respecting the use or
occupancy of the Property for the purposes described herein. Lessee shall secure all necessary
licenses or permits from any governmental body, authority or other person or persons which may
be required for or in any way connected with the erecting, constructing, maintaining, repairing,
replacing, removing, relocating or operating of the System, and shall further comply with all
laws, rules and regulations respecting the same.
(i)
Hazardous Materials. Lessee hereby represents and warrants that it shall not use,
generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the
Property in violation of any Environmental Law (as defined below), and it will not permit itself
or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on,
under, upon, or affecting the Land in violation of any Environmental Law.
1.
“Hazardous Material” means
hazardous wastes), regulated substances,

(including

any solid, gaseous or liquid wastes
pollutants or contaminants or terms of

similar import, as such terms are defined in any Environmental

Law, and shall include, without

limitation, any petroleum or petroleum products or by-products, flammable explosives,
radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or
material which constitutes a threat to health, safety, property or the environment or which has
been or is in the future determined by any governmental entity to be prohibited, limited or
regulated by any Environmental Law.

regulations,
thereof,

2.
“Environmental Law” means any and all federal, state or local laws, rules,
codes, ordinances, or by-laws, and any judicial or administrative interpretations

including

orders,

decrees, judgments,

rulings,

directives

or notices

of violation,

that

create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmental
pollution, impairment or disruption, including, without limitation, laws governing the existence,

[ Comment [A7}: Change added OK,

|

use, storage, treatment, discharge, release, containment, transportation, generation, manufacture,

refinement, handling, production, disposal, or management of any Hazardous
otherwise regulating or providing for the protection of the environment.

Material,

or

Gj)
Care of Property: Lessee shall take good care of the Property and not commit or
allow others to commit waste on or damage the Property.
(k)
Security Measures:
Lessee shall be responsible for security measures on the
Property and shall take reasonable steps to design and construct the Property improvements to
discourage and prevent unauthorized entry into building and onto towers. Lessee shall erect
fences and other suitable barriers to prevent trespassers and post signs warning of the dangers to
be found on the Property.
()
Locks: Lessee shall provide its own proprietary locks for the exterior fence and
door(s) at the Leased Premises, and for any interior doors at the option of Lessee. Lessee shal!
provide Lessor with duplicate keys.
m
Storage: The Property
is nct to be used for storage
Storage:
p
g of containers, motor vehicles,
or other general storage, or the keeping of other forms of pesonal property whether or not
having to do with communications.

(n)
Construction in Workmanlike Manner:
Property shall be completed in a workmanlike manner
building and zoning codes.

Improvements constructed on the
and in compliance with applicable

(0)
LESSEE SHALL NOT ALLOW LIENS TO BE CREATED AGAINST THE
PROPERTY:
Lessee shall not permit-any person to file a lien upon or against the Property or
its improvements. If, because of any act or omission of Lessee or anyone claiming through or
under Lessee, any mechanic's or other lien or order is filed against the Property, any building
occupied by Lessee, or Lessee's leasehold estate,

Lessee shall, at Lessee's sole expense, cause

the same to be canceled and discharged of record within forty-five (45) days after the date of
filing, and shall save harmless Lessor against any and all costs, expenses, interest, claims, losses

or damages resulting from such lien or Lessee's failure to release the same.
SECTION 11:
ENJOYMENT

LESSOR

OBLIGATIONS

&

WARRANTIES:

WARRANTY

OF

QUIET

(a)
Lessor agrees that, provided Lessee is not in breach of this Agreement, during the
Initial and every Renewal Term of this Agreement it will not interfere with Lessee’s lawful use,
possession and enjoyment of the Leased Premises. Relatedly, Lessor warrants that if Lessee shall
pay the rent and keep and perform its covenants under this Agreement, Lessee shall peacefully
and quietly hold, occupy and enjoy the Leased Premises without any hindrance or molestation by
Lessor or any persons lawfully claiming under Lessor.
(b)
the purpose

Lessor agrees not to impair Lessee’s reasonable access to the Leased Premises for
of performing any obligation imposed upon the Lessee by the terms of this

Agreement, and for the purpose of performing reasonable repair, replacement, maintenance, and
inspections of improvements on the Leased Premises.
SECTION

12: TRANSFER

This Agreement shall extend to and be binding upon the heirs, legal representatives, successors
and assigns of the parties hereto. Lessee shall not sell, assign, sublet or transfer this Agreement,
the Leased Premises or all or any part of the rights and privileges granted hereunder without first
securing the prior written consent of the Lessor, such consent not to be unreasonably withheld.
However, the prohibitions contained in this Section 12 do not extend to nor prohibit Lessee from

entering into arrangements with other public or private agencies whereby such an agency would
co-locate one or more communication facilities on the Leased Premises. Such action is expressly
permitted without permission of Lessor save and except when Lessor obtains a credible expert
opinion that the improvements on the Leased Premises are incapable of safely supporting or
safely sustaining the increased burden the proposed assignment would add.
SECTION

13: SALE OF LESSOR’S [INTEREST SUBJECT TO RIGHT OF FIRST REFUSAL

Except for selling or donating to an organization which has facilities located on or that
intends to locate facilities upon the Leased Premises so as to cause the Lessee to be a tenant or
one of its existing tenants, Lessor may sell the Leased Premises subject to the Lessee’s right of
first refusal. However, before agreeing to sell the Leased Premises, Lessor shall offer Lessee the
opportunity to buy the property on the same terms as are being offered. This shall be done by
informing Lessee of the pending offer to sell, the amount and terms of such offer, and allowing
Lessee thirty (30) days from date of Lessee’s receipt of Lessor’s notice to match the offer to
purchase or decline. If Lessee agrees to match Lessor’s pending offer within thirty (30) days of

receiving notice it, Lessee shall have the first right to buy the property from Lessor unless Lessor
decide not to sell to anyone.
SECTION 14: WAIVER

No waiver of any of the covenants and agreements herein contained or of any breach

thereof shall be taken to constitute a waiver of any other subsequent breach of such covenants
and agreements or to justify or authorize the non-observance at any other term of the same or of
any other covenants and agreements hereof.
SECTION

15: NOTICES

All notices required under this Agreement to be given to Lessee shall be sent to:
Derek Conklin

County Administrator
Government Services Center

315 High Street,
Hamilton, OH 45011

or at such other place as Lessee may designate in writing.
Any such notice to be given to Lessor under this Agreement shall be sent to:
City Manager

City of Oxford
Oxford Municipal Building
101 East High Street
Oxford, Ohio 45056
or at such other place as Lessor may designate in writing.
All notices shall be in writing.
SECTION

16: DEFAULT AND TERMINATION

(a)
Termination by Lessee. This Agreement shall be subject to termination by Lessee
in the event of any one or more of the following events:
1.
The Leased Premises ceases to be used in connection with the operation of
a R.C. 307.63 countywide public safety communications system (System). For example and by
way of illustration and not by way of limitation, the improvements on the Leased Premises are
no longer used by the System because public safety communications have been switched from
tower-based to satellite-based operations and no facilities for the now satellite-based System are
located on the Leased Premises.
2.
The default by Lessor in the performance of any of the terms, covenants or
conditions of this Agreement, and the failure of Lessor to remedy, or undertake to remedy, to
Lessee's satisfaction, such default for a period of thirty G0) days after receipt of notice from
Lessee to remedy the same.
3.
Damage to or destruction of all or a material part of the Leased Premises
or facilities necessary to the operation of the System with no immediate intention of repairing or
rebuilding.
4,
The lawful assumption by the United States, or any authorized agency
thereof, of the operation, control or use of the System, or any substantial part or parts thereof, in
such a manner as to restrict substantially Lessee from conducting System operations for a period
in excess of ninety (90) days.
(b)
Termination by Lessor. This Agreement shall be subject to termination by Lessor
in the event of any one or more of the following events:
1.
The default by Lessee in the performance of any of the terms, covenants or
conditions of this Agreement, and the failure of Lessee to remedy, or undertake to remedy, to
Lessor's satisfaction, such default for a period of thirty (30) days after receipt of notice from
Lessor to remedy the same.
2.
Lessee files a voluntary petition in bankruptcy, including a reorganization
plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt
or if a receiver is appointed for the property or affairs of Lessee and such receivership is not
vacated within (30) days after the appointment of such receiver.
(c)
Exercise. Exercise of the rights of termination set forth in subparagraph (a) and
(b), above, shall be by written notice to the other party within thirty (30) days following the
event giving rise to the termination.

(d)

Cause of Breach; Waiver.

{ ‘Comment [AB]: Hopefully ththis i is
| clarified

IN.
Neither party shall be held to be in breach of this Agreement because of
any failure to perform any of its obligations hereunder if said failure is due to any cause for
which it is not responsible and over which it has no control; provided, however, that the
foregoing provision shall not apply to failures by Lessee to pay fees, rents, expenses or other
charges to Lessor.
2.
The waiver of any breach, violation or default in or with respect to the
performance or observance of the covenants and conditions contained herein shall not be taken to
constitute a waiver of any such subsequent breach, violation or default in or with respect to the
same or any other covenant or condition hereof.
SECTION

17: REDELIVERY OF PREMISES AT END OF TERM

(a)
Upon the expiration, termination or cancellation of this Agreement by either
party, Lessee, its successors or assigns, at its own expense, shall remove the System and
associated improvements and structures and shall further reclaim and restore the Property to the
same condition as the same is now and in compliance with all federal, state or local laws or
regulations in effect at the time of such removal within ninety (90) days after receipt of written
notice so to do. Upon failure of Lessee, its successors or assigns, to remove said System and
associated improvements and structures, Lessor and/or its respective successors, assigns,
contractors or lessees, may effect such removal or cause said System, together with any and all
other structures and improvements to be removed at the expense of Lessee, its successors or
assigns, without, and in any manner, being liable to the Lessee, its successors or assigns, on
account hereof, and the Lessee shall reimburse Lessors, its successors, assigns, contractors or
lessees, upon demand for the costs of said removal. Lessee shall on the expiration, termination or

cancellation of this Agreement deliver up to Lessor the Property as well as the access and utility
easement in as good order and condition as they were upon Lessee’s entry into possession,
reasonable use and ordinary wear and tear thereof and damage by fire or other unavoidable
casualty, condemnation or appropriation excepted.
(b)
Lessee shall on the expiration, termination or cancellation of this Agreement also
promptly surrender any and all keys and any other access control devices to the Property to the
Lessor when Lessee vacates the Property.
(c)
If the improvements on the Property still have a safe and useful life for the
purpose for which Lessee has used them when Lessee ceases use of them, (this provision does
not prevent Lessee from moving improvements such as the generator and propane tank from
Oxford to a different site if needed there) Lessor may elect to take possession of the Property and
the improvements in their “as is” condition subject to Lessee’s agreements, if any, with any
remaining co-locating users of the improvements on the condition that Lessor shall first provide
Lessee with a full and final release of future liability for use of the Property and improvements
thereon, whereupon Lessee shall return the Property and improvements in their “as is” condition
to Lessor.
SECTION

18: ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties and supersedes all prior

agreements.

No waiver, modifications or additions to this Agreement shall be valid unless in

writing and signed by both the Lessor and Lessee. Any consent required of either the Lessor or
the Lessee by any provisions of this Agreement shall not be unreasonably withheld by either
party. This Agreement shall be interpreted in accordance with the laws of the State of Ohio.

Comment [A9]: A change has been
made here to allow Lessor use but
recognition has also been given to the
possibility some improvements night be
needed elsewhere in the System when a
4 site is abandoned,

|

SECTION

19: INSURANCE AND FINANCIAL RESPONSIBILITY

Lessee agrees to provide $3,000,000 of comprehensive general liability insurance
coverage to compensate itself and Lessor and any injured third party in case of a loss arising
from the Property. Lessee agrees to vigorously defend any suit brought because of conditions
upon the Property or areas associated with the Property which cause injury to persons or property
not employed or associated with Lessee. Moreover, Lessee agrees to require any insurance
contract it secures to include Lessor as an additional insured. Lessee further agrees to require its
insurer to give Lessor at least thirty (30) days notice before insurance will be cancelled due to a
pack of premium payment.

Comment [A10]: Removed the
| objectionable sentence

SECTION 20: SEVERABILITY
If a provision hereof shall be finally declared void or illegal by any court or administrative
agency having jurisdiction, the entire Agreement shall not be void, but the remaining provisions
shall continue in effect as nearly as possible in accordance with the original intent of the parties.
SECTION 21:

RIGHT OF ENTRY

For security reasons, unless Lessor has facilities of its own

upon the Leased

Premises,

Lessor has no right to enter upon the Lessee’s fenced portion of the Leased Premises to inspect
the same, make improvements thereon or for any other lawful purpose.

| Comment [A11}: Changed Landlord
to Lessor

| Comment [A12]: if Oxford has
SECTION 22: EMINENT DOMAIN
If the Leased Premises or such a substantial part thereof, which in Lessee’s reasonable
judgment renders the remainder unfit for the intended use, shall be taken by any competent
authority under the power of the eminent domain or be acquired for any public or quasi-public
uses or purpose, this Agreement shall cease and terminate upon the effective date of the taking
and Lessor shall have no claim against Lessee for the value of any of the value of the
improvements.
However, Lessor is entitled to the value of the underlying interest it holds
following the conclusion of this Agreement.
SECTION 23:

INDEMNITY

Lessee, its successors and assigns, agree to protect, indemnify, hold harmless and defend
Lessor, and the officers, directors, employees, workman, agents, servants and invitees of Lessor

and its respective successors, assigns or lessees from and against all losses, damages, demands,
claims, suits and other liabilities, including reasonable attorneys’ fees and other expenses of
litigation or other defense, because of (a) bodily injury, including death at any time resulting
therefrom, or (b) damages to all lands and property including loss of use thereof and downtime,
which occur, either directly or indirectly, in connection with or by reasons of (i) the lease and
easements herein granted, (ii) the erecting, constructing, operating, maintaining, using, repairing,
replacing or relocating the System together with any and all other structures and improvements,
(iii) the co-location of other facilities and antennae on the Leased Premises or the System, or (iv)
by reason of Lessee, its successors or assigns, or its or its or their employees, workmen, agents,
servants sublessees, licensees and contractors being present on the Property, other lands of

facilities in the fenced area, it can enter to
service them. If it has nothing inside the
| fenced area, why would it want to euter
| the communications facility?

|
|
|

Lessor and, in the case of either (a) or (b), are caused by or alleged to have been caused by any
act, omission, breach of duty, or default (irrespective of whether liability is based on negligence,
strict liability, product liability, breach of expressed or implied warranty or other breach of duty),
of Lessee or any contractor retained by or through Lessee, or any of their employees, workmen,
agents, or servants.

Lessee’s agreement to protect, indemnify, hold harmless, and defend Lessor

and its respective successors, assigns, contractors, lessees or licensees, to the foregoing extent
shall not be negated or reduced by virtue of the existence of any negligence or alleged negligence
of Lessor, active or passive, concurrent or nonconcurrent with that of others, including Lessee,
its employees, workmen, agents, servants, successors, assigns and contractors.

SECTION 24:

RIGHT OF CO-LOCATION BY LESSOR

(a)
During the Initial or Renewal Terms of this Agreement, upon forty-five (45) days
prior written notice to Lessee, Lessor shall have the right to co-locate its communications and
electronic
equipment,
antennae
and other related
equipment
and
facilities ("Lessor
System") within the Leased Premises and upon the tower and other supporting structures of the
System

to be

located

on the Leased

Premises.

In connection

with

this

right of co-location,

Lessor shall also be permitted (i) to place within the compound or fenced area, a cabinet or other
structure for the placement or housing of Lessor’s electronics and related communications
equipment and (ii) to use the utility and access easements granted to Lessee herein for Lessor’s
access to and from the Leased Premises and the Lessor System and for installation of electrical
power and any other necessary utilities.
With respect to Lessor's right to co-locate the Lessor
System as set forth in this Section 24, Lessee hereby agrees to reserve and maintain a place on
the tower at which Lessor's antennae can be attached in accordance with FCC rules and
regulations and other related state and federal laws. The location reserved and maintained for
Lessor shall be at the radiation centers (both AGL and AMSL) of the antennae determined by
the Lessor,

with

the reasonable

approval

of Lessee,

and

such

determination

shall be made

in

accordance with sound engineering practices and as soon as possible following the construction
of the tower and installation of the System and prior to any co-location by any
commercial communications provider or other third party.
Consistent with the foregoing
determination process, Lessee shall provide Lessor with a 30-day prior written notice of any
proposed co-location by any such commercial communications provider or third party. Lessor’s
right of co-location shall remain in effect during the life of this Agreement and shall be free of
charge and without offset against its share of net profits set forth in Section 5 of this Agreement.
(b)
While Lessee agrees to accept Lessor's equipment, Lessee does not warrant nor
represent that it has constructed the tower in such a fashion as to be able to safely and
structurally bear the weight and/or location of Lessor's equipment at the location stated herein or
a different location. However, Lessee will accept Lessor's equipment on the tower if it can be
safely located there.
(c)
At Lessee’s sole expense, it’s obligations under this Section 24 are subject to a
determination by an independent and qualified engineer satisfactory to both Lessor and Lessee
using sound engineering practices that the equipment Lessor proposes to install on the tower will
not interfere with any pre-existing use of the tower or the System.

Comment [A13]: [ don’t understand
| why Oxford would object to having the
| right to set up a separate communication
| systein if it feels the need to do so at
| some point. West Chester specifically
| asked for this right. I have no objection
| to removing it however.

|
|

|
|

(d)
Lessor may not assign its rights under this Section 24 except to a political
subdivision which is a successor to Lessor without prior written consent of the Lessee.
(e)
Lessor's equipment may not displace any pre-existing tower user's equipment
already on the tower when Lessor gives its 45 day notice. However, Lessor may take its own
interest in this Section 24 into account when negotiating with Lessee on private collocation on
the tower.
In witness whereof, the Lessor and Lessee have executed this Agreement as of the day
and year first above written.
REQUIRED

SIGNATURES

LESSOR:
THE CITY OF OXFORD, OHIO

Douglas R. Elliot, Jr,
City Manager

Date

ACKNOWLEDGEMENT
State of Ohio
County of Butler
The foregoing instrument was acknowledged before me this
day of
, 2007
by Douglas R. Elliot, Jr., City Manager of Oxford, Ohio a person known to me and pursuant to
Resolution No.
of Oxford City Council.

Notary Public
My Commission expires

LESSEE:
BUTLER COUNTY

BOARD OF COMMISSIONERS:

Gregory V. Jolivette, President

Date

Charles R. Furmon, Vice President

Date

Donald L. Dixon, Member

Date

Acknowledgment
State of Ohio

County of Butler
The foregoing instrument was acknowledged before me the _ day of
, 2007 by
Butler County Commissioners Gregory V. Jolivette, Charles R. Furmon, and Donald L. Dixon
persons known to me as the Commissioners of Butler County Ohio and pursuant to Resolution
No.
of such Commission.

Notary Public
My Commission expires

Prepared and Reviewed by:

Board Counsel Butler County Commissioners

Date

Approved As To Form by:

Stephen M. McHugh, Oxford Law Director

Date

[BALANCE OF THIS PAGE ITENTIONALLY LEFT BLANK]

BUTLER COUNTY

EXHIBIT A
DESCRIPTION OF LEASED PREMISES
BOARD OF COMMISSIONERS’ OXFORD RADIO TOWER

SITE

Situate in the City of Oxford. County of Butler, State of Ohio and known as being port of the
Original Village Lot No. 716. and further known as being part of lands conveyed to the Village
of Oxford (no dead found) and referred to as being Parcel No. H4000.115.000.016 by the Butler
County Auditor's Office and further bounded ad described as follows:
Commencing at the intersection of the Southern Right-of-Way line of Chestnut Street having a
width of 66 feet and with the western Right-of-Way line of the Baltimore and Ohio Railroad said
intersection else being the Northeastern corner of lands conveyed to Ledger LLC by deed doted
March 24, 2004,
Records.

recorded in Deed Volume 7331, Page 1067, of the Butler County Recorder's

Thence along the Right-of-Way line of the Baltimore and Ohio Railroad bearing South 30° 46'
27" East, a distance of 681.77 feet to a Point thereon;
Thence at a right angle, bearing South 59° 13' 33" West, a distance of 14.26 feet to an iron pin
and being the PRINCIPAL PLACE OF BEGINNING of the Butler County Board of
Commissioners Lease Area herein described:
Thence, bearing South 29° 55' 35" East, a distance of 100.00 feet to an iron pin set;
Thence at a right angle bearing South 60° 04' 25' West, a distance of 50.00 feet to an iron pin set;
Thence at a right angle bearing North 29° 55' 35" West, a distance of 100.00 feet to iron pin set.
Thence at a right angle bearing North 60° 04' 25" East, a distance of 50.00 feet to the
PRINCIPLE PLACE

BEGINNING,

containing 5,000 square feet or 0.1148 acres of land, more

or less and subject to all legal highways and all covenants and agreements of record.
Bearings are based on an assumed meridian and are used herein to indicate angles only.
The statement iron pin set refers to a 5/8" X 30" inch rebar set vertically with surveyor’s I.D. cap
marked "Rolling-Hocevor"
This legal description as prepared based on a survey under the supervision of Andrew G. Plonet,
P.S. No. 7802 by Rolling & Hocevor Inc. in April, 2007.

SITE
RADIO TOWER
BUTLER COUNTY

EXHIBIT B
SITE PLAN FOR LEASED PREMISES
BOARD OF COMMISSIONERS’ OXFORD

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EXHIBIT C
UTILITY EASEMENT FOR LEASED PREMISES
BUTLER COUNTY BOARD OF COMMISSIONERS’ OXFORD RADIO TOWER

SITE

Situate in the City of Oxford, County of Butler, State of Ohio and known as being part of the of
Original Village Lot No. 716, and further known as being part of lands conveyed to the Village
of Oxford (no deed found) and referred to as being Parcel No. H4000115000016 by the Butler
County Auditor’s Office and further bounded and described as follows:
Commencing at the intersection of the Southern Right-of-Way line of Chestnut Street, having a
width of 66 feet and with the Western

Right-of-Way

line of the Baltimore and Ohio Railroad,

said intersection also being the Northeastern corner of lands conveyed to Ledger LLC by deed
dated March 24, 2004
Recorder’s Records;

as recorded

in Deed

Volume

7331,

Thence along the Right-of-Way line of the Baltimore and
30°46’27” East, a distance of 681.77 feet to a point thereon;

Page

1067

Ohio

of the

Butler

County

Railroad,

bearing

South

Thence at a right angle, bearing South 59°13’33” West, a distance of 14.26 feet to an iron pin set
at the Northern corner of a proposed Lease Area;
Thence along the Northeastern line of said Lease Area, bearing South 29°55'35" East, a distance
of 31.48 feet to a point thereon and being the PRINCIPLE PLACE OF BEGINNING of the
Butler County Board of Commissioners Utility Easement herein described;
Thence, bearing North 59°13'33" East, a distance of 2.73 feet to a point;
Thence at a right angle, bearing North 30°46'27" West, a distance of 169.12 feet to a point;
Thence at a right angle, bearing South 59°13'33" West, a distance of 17.18 feet to a point of
curvature;

Thence, along the arc of a curve deflecting to the right, having a radius of 42.00 feet and having
a chord which bears North 69°23'47" West for a distance of 65.63 feet and having an arc length
of 75.32 feet to a point of reverse curvature;

Thence, along the arc of a curve deflecting to the left, having a radius of 62.00 feet and having a
chord which bears North 53°13'27" West for a distance of 71.49 feet and having an arc length of
76.19 feet to a point;
Thence, bearing North 88°25'47" West, a distance of 26.95 feet to a point;
Thence at a right angle, bearing North 01°34'13" East, a distance of 8.00 feet to a point;
Thence at a right angle, bearing South 88°25'47" East, a distance of 26.95 feet to a point of
curvature;

Thence, along the arc of a curve deflecting to the right, having a radius of 70.00 feet and having
a chord which bears South 53°13'27" East for a distance of 80.71 feet and having an arc length of
86.02 feet to a point of reverse curvature;

Thence, along the arc of a curve deflecting to the left, having a radius of 34.00 feet and having a
chord which bears South 69°23'47" East for a distance of 53.13 feet and having an arc length of
60.98 feet to a point;
Thence, bearing North 59°13'33" East, a distance of 25.18 feet to a point;
Thence at a right angle, bearing South 30°46'27" East, a distance of 185.12 feet to a point;
Thence, bearing South 59°13'33" West, a distance of 10.85 feet to a point of the aforementioned
Northeasterly line of said Lease Area;
Thence along said Lease Area line, bearing North 29°55'35" West, a distance of 8.00 feet to the

PRINCIPLE PLACE OF BEGINNING, intending to be a 8-foot wide strip of land for utility
purposes and subject to all legal highways and all covenants and agreements of record.
Bearings are based on an assumed meridian and are used herein to indicate angles only.
The statement iron pin set refers to a 5/8” X 30” iron rebar set vertically with surveyor’s I.D. cap
marked “Rolling-Hocevar”.
This legal description was prepared based on a survey under the supervision of Andrew
Planet, P.S. No. 7802 by Rolling & Hocevar, Inc. in April 2007.

G.

EXHIBIT D
ACCESS EASEMENT FOR LEASED PREMISES
BUTLER COUNTY BOARD OF COMMISSIONERS’ OXFORD RADIO TOWER SITE
Situate in the City of Oxford, County of Buffer, State of Ohio and known as being part of the
Original Village Lot No. 716, and further known as being part of the lands conveyed to the
Village of Oxford (no deed found) and referred to as being Parcel No. H4000.115.000.016 by the
Butler County Auditor's Office and further, bounded and described as follows:
Commencing at the intersection of the Southern Right-of-Way line of Chestnut Street having a
width of 66 feet and with the western Right-of-Way line of the Baltimore and Ohio Railroad said
intersection else being the Northeastern corner of lands conveyed to Ledger LLC by deed doted
March 24, 2004,
Records;

recorded in Deed Volume 7331, Page 1067, of the Butler County Recorder's

Thence along the Right-of-Way line of Chestnut Street, bearing North 88° 57' 27" West. a
distance of 88.69 feet to a point thereon and being the PRINCIPLE PLACE OF BEGINNING of
the Butler County Board Commissioners Access Easement herein described;
Thence, bearing South 01° 44' 11" West, a distance of 364.64 feet to a point;

Thence, bearing South 21° 15' 45" East, a distance of 49.93 feet to a point;
Thence, bearing South 02° 34' 00" East, a distance of 212.94 feet to a point;
Thence, bearing South 45° 49' 22" East, a distance of 101.96 feet to a point;

Thence, bearing South 89° 04' 44" East, a distance of 150.65 feet to a point;
Thence, bearing North 63° 02' 29" East, a distance of 161.32 feet to a point on the Southwestern

line of a proposed Lease;
Thence, along said Lease Area line, bearing South 29° 55' 35" East, a distance of 15.02 feet to

point thereon;
Thence, bearing South 63° 02' 29" West, a distance of 165.82 feet to a point;
Thence, bearing North 89° 04' 44" West, a distance of 160.32 feet to a point;

Thence, bearing North 45° 49' 22" West, a distance of 113.85 feet to a point;
Thence, bearing North 02° 34' 00" West, a distance of 216.37 feet to a point;
Thence, bearing North 21° 35' 45" West, a distance of 50.51 feet to a point;

Thence, bearing North 01° 44' 11" East, a distance of 367.55 feet to a point on the
aforementioned Right-of-Way line of Chestnut Street;
Thence, along said Right-of-Way line, bearing South 88° 57' 27" East, a distance of 15.00 feet to
the PRINCIPLE PLACE OF BEGINNING intending to be a 15-foot wide strip of land for
ingress/egress purposes and subject to all legal highways and all covenants and agreements of
record.
Bearings are based on an assumed meridian and are used herein to indicate angles only.
The statement iron pin set refers to a 5/8" X 30" inch rebar set vertically with surveyor=s I.D.
cap marked "Rolling-Hocevor"
This legal description as prepared based on a survey under the supervision of Andrew G. Plonet,
P.S. No. 7802 by Rolling & Hocevor Inc. in April, 2007.

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CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager
Council Meeting Of:

Community Development Department
Originating Department

January 15, 2008
Jung-Han Chen

Account Code No. #:

Prepared By

Budgeted Amount:

December 20, 2007
Date Prepared

Agenda Title:

Conditional Use Permit - to Allow for a New Drive-Through Banking
Facility in the General Business District Located at 10 North Locust
Street, Scott Webb, Architect, Applicant.

|Recommendation:

Denial

|

Discussion:

The Applicant has been seeking approval to build a drive-through banking facility at 10 N. Locust
Street. The application was first presented to the Planning Commission during its October 9, 2007
meeting. After the presentation, the Planning Commission raised numerous concerns regarding the
proposal, specifically, the size of the site, the potential traffic generated from the drive-through, and
the orientation of the proposed building. The Planning Commission advised the Applicant to revise
the design for additional review and tabled the case.

At the December 11, 2007 meeting, realizing the Applicant had not made any changes to address the
concerns raised by the Planning Commission earlier, the Planning Commission voted 0-6-0
recommending City Council deny the conditional use permit application.

Approved By:

Injtial
Department Head:
City Attorney:
City Manager:

Date

ORDINANCE NO.
ORDINANCE
ACCEPTING THE RECOMMENDAITON
OF THE PLANNING
COMMISSION TO DENY THE CONDITIONAL USE PERMIT TO ALLOW FOR A
NEW DRIVE-THROUGH BANKING FACILITY IN THE GENERAL BUSINESS
DISTRICT LOCATED AT 10 NORTH LOCUST STREET.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OXFORD,
BUTLER COUNTY, STATE OF OHIO, THAT:
SECTION I:
Council hereby finds in accordance with Section 1147 of
the Codified Ordinances of the City of Oxford, the City of Oxford Planning Commission
held a public hearing on December 11, 2007 and that following the public hearing did
deliberate and as a result of that deliberation, the Planning Commission recommended to
deny the Conditional Use Permit application submitted by Scott Webb, Architect, to
allow a new drive-through banking facility in the General Business District located at 10
North Locust Street.

SECTION II:

During the public hearing held on December 11, 2007 the

City of Oxford Planning Commission applied each of the General Decision Standards set
forth in Section 1147.02(c)(2) of the City of Oxford’s Planning and Zoning Code to the
Conditional Use Permit application submitted by Scott Webb. The Planning Commission
members determined that the Conditional Use Permit application did not meet the
following General Decision Standards set forth in Section 1147.02(c)(2) finding that:
B.
D.
E.
fie

The use and site does not satisfy the general intent of this Zoning Code.
The size and shape of the site are not sufficient for the proposed use.
The use will be hazardous or disturbing to existing or potential future
neighboring uses that are permitted in the zoning district.
The use will involve activities, processes, materials, equipment, or
conditions of operation that will be detrimental to any person, property, or
the general welfare because of excessive production
smoke, fumes, glare, odors, or other emissions.

of traffic,

noise,

J.

The site will be designed, constructed, and maintained in a character that
is not harmonious in appearance and general character with the existing or
intended character of the general vicinity, and that such use will change
the essential character of the same area.

K.

The site is designed so that on-site traffic and traffic accessing the site will

M.

inappropriately impact the movement of traffic on adjacent public streets.
All necessary permits and licenses for the Conditional Use and its
operation have not been or cannot be obtained for the use at the proposed
location.

Based on the fact that the Conditional Use Permit application did not satisfy each of the
General Decision Standards as is required by Section 1147.02(c)(2) of the City of
Oxford’s Planning and Zoning Code, the City of Oxford Planning Commission denied
the application submitted by Scott Webb, Architect, for a Conditional Use Permit to
allow for a new drive-through banking facility located at 10 North Locust Street.

SECTION III: Council hereby accepts the recommendation of the Planning
Commission and the reports submitted by the Planning Commission and incorporates the

same herein and further denies the application submitted by Scott Webb, Architect, for a
Conditional Use Permit to allow for a new drive-through banking facility located at 10
North Locust Street.
SECTION IV:

by law.

This ordinance shall take effect at the earliest time allowed

MAYOR
ADOPTED:
ATTEST:

DEPUTY CLERK OF OXFORD CITY COUNCIL
INTRODUCED BY: RICHARD KEEBLER
PREPARED BY: LAW (STAFF)

Certification of Action
Oxford Planning Commission
Recommendation to City Council
Report Date

December

11, 2007

Case Number

PC-23-2007

Applicant Information

Scott Webb, Architect, Applicant
Beth Swailes, Owner

Requested Action

Conditional Use Permit

Summary of Request

Request for a Conditional Use Permit to allow for a new drivethrough banking facility in the General Business District located at
10 N. Locust Street.

Public Hearing
Information

On October 9, 2007, a public hearing was held at 118 West High
Street. A legal notice of the hearing was published in the Oxford
Press on September 12, 2007. Courtesy notices were mailed to
adjacent property owners and public hearing signage was posted at
the property.

Commission Action

During the October Planning Commission meeting, the Planning
Commission heard the Applicant and raised concerns regarding the
proposed conditional use permit. The Planning Commission
suggested the case be tabled until further review by the Applicant
and Owner. The Planning Commission, at the December 11, 2007
meeting, voted 0-6-0 denying the conditional use permit application.

Commission Findings
and Conclusions

After public hearings and discussions, and review of the Decision
Standards for a Conditional Use, the Planning Commission
determined the Decision Standards had not been met therefore

denying the permit.
Exhibits Submitted to

1.

Community Development Staff Report dated September 24,

2007

the Commission

a>

AR

2.

Inter-Office Review Transmittal Sheets dated September 10,
2007
Conditional Use Permit Application dated August 24, 2007
Letter of Agency
Letter to BZA from Applicant dated October 23, 2007
Formal letter of request and Decision Standards statement dated
August 24, 2007
Site plan
Bank drawings

City of Oxford

Community Development Department
STAFF REPORT
Planning Commission
Case # PC-23-2007

Date — September 24, 2007

APPLICATION

Applicant:

Scott Webb, Architect

Location:
Owner:

10 North Locust Street
Beth Swailes

Action Request:

Approval of a Conditional Use for a New Drive-Through Banking
Facility in the GB District
Medical building
GB-General Business
Medical office, cemetery, construction office, single residence

Current Use:
Current Zoning
Surrounding Existing Land Uses:

GENERAL DESCRIPTION
The applicant requests approval of a Conditional Use Permit to allow for a new drive-through banking
facility at the above location. The applicant is proposing to build an approximately 1,300 square feet of

bank building with two drive-through windows.
The site of the banking facility will be located on the grassy area if the request is approved. The new bank
would share an ingress/egress with the existing medical office onto U.S. 27 north and on Locust St.
According to the applicant, the property was intended for a branch bank. The improvement to the
intersection of College Corner Pike, US 27 has reduced the overall property area of the intended out lot.
The building and its associated traffic circulation has been designed for the remaining lot.

SURROUNDING NEIGHBORHOOD
There is a variety of businesses along the west side of U.S. 27. A cemetery is on the east of U.S. 27 and

Locust. Residential structures are across from Locust from the subject property. A railroad track is located
to the west of the property.

ZONING CODE REGULATIONS
Conditional Use
The purpose of Conditional Use regulations is at Section 1147.01(a):
“Purpose. Conditional Uses are land uses that are potentially appropriate in many zoning districts
but that are likely to have characteristics that could be detrimental to the public health, safety, or
general welfare if not located appropriately, operated appropriately, or mitigated with good design.”

PC-23-2007

Page | of8

$1143.12(b\(2) GB District Conditional Uses:

STAFF FINDINGS:
GB District.

Bank with drive-through facilities are listed specifically as a Conditional Use in the

§1143.12(d)(2) Supplementary Regulations for the GB District:

A.

Provision shall be made for undulating earthen mounds that extend along 50% of the
linear frontage of a site adjacent to a public righ-of-way and any adjacent residential
zoning district boundary line.

B.

A

combination

of trees,

bushes,

and

shrubs

shall

be

planted

on

the

mounds

to

provide additional screening and help stabilize the soil.

A minimum of 1 tree for every 50 linear feet of frontage shall be required in addition

C.

to any other required site landscaping.

D.

Each earthen mound shall be a minimum 10 feet high from the average surrounding
grade for property 5 acres or more in size and a minimum

of 5 feet in height for

properties less than 5 acres in size.

STAFF FINDINGS: Staff does not recommend mounding along the frontage of the property because of the
potential sight obstruction the mounding may cause on both street sides of the lot. However, staff does
recommend that the frontage of the lot along U.S. 27 North and Locust St. to be landscaped as proposed
by the applicant due to the egress /ingress on Locust St.
§1143.12(d)(6) Supplementary Regulations for the GB District:

The front fagade of the principal structure shall be finished, utilizing at least 50% natural
materials including brick, stone, masonry, glass, or wood. No aluminum or vinyl siding
shall be used in finishing or utilized on the front facade of the building.

STAFF FINDINGS:

Based on the orientation of the building and the site being a corner lot, this

requirement shall include all sides of the building
§1143.12(d\(7) Supplementary Regulation for the GB District:

A. All refuse collection and recycling containers must be enclosed or screened so as not
to be visible from a right-of-way or other publicly accessible area. The structure
surrounding the container(s) must be enclosed on all sides, one of which includes a
gate or door that can be secured. The enclosure may consist of wood or masonry

walls. Containers shall not be located in any front yard. The exterior perimeter of the
enclosure(s) must be landscaped, excluding the access point.

§1147.02(a)\(1)(C)(6) & (8) Site Plan Requirements for a Conditional Use:

6. Location, height, dimensions, and use of all proposed and existing structures.
8. Location, size, and type of all proposed signs.
STAFF FINDINGS:
The applicant has not provided any building elevations or signage with the
application. The applicant will be limited to two wall signs, with a max. height of 3 feet and the

maximum total sign area for all signs on the development site shall not exceed 360 sq. ft. per

§1151.05(a)(3).

§1149.05(e)(2) Loading Spaces

A.

One loading space shall be required fro all non-residential uses and for residential
uses with greater than three dwelling units.
STAFF FINDINGS: The applicant has not provided or indicated on the drawing as to where the loadin

space would be on site. An approval is required from the Board of Zoning Appeals.
§1149,05(e)(3)(D) & (E) Non-residential Regulations for Queue and exit spaces:

D. Queuing spaces shall not be located in the required front setback.
E. The following uses require queue and exit spaces:
Page 2 of8

Use
Queue Spaces
Exit Spaces
Drive-up banking
three per bay
one per bay
STAFF FINDINGS: Per the applicant’s drawing, both requirements are not satisfied. Relief of the stacking
spaces will require approval from the Board of Zoning Appeals.
§1149.05(d) Screening and Landscaping

Off-street parking areas of more then four spaces must meet the landscaping requirements set
forth in this chapter.
§1149(05 (e)(5) Screening and Landscaping

B.(1) A parking area shall have two trees per parking facility plus one tree for every five
parking spaces or fraction thereof generally distributed throughout the parking area..
STAFF FINDINGS: The proposal only indicates one two trees to be planted. The code requires a
minimum of three trees to be distributed throughout the parking area.
OTHER FINDINGS: It would appear that the applicant is proposing an ATM on the side of the proposed
building, on the same approach to the drive-through facility. This would affect the circulation of the
drive-through pattern with delays. This issue needs to be considered.

COMPREHENSIVE

PLAN

The subject property is located in an area in which it abuts two different sections of the Land Use Chapter
in the Comprehensive Plan; U.S. 27 North and the Locust Street Commercial Subarea.

Commercial strategies are particularly relevant to the subject site:

The U.S, 27 North

U.S. 27 Commercial Subarea
A.

Concerns

The City's major employment base outside Miami University is located on US 27 North in
the City's northwest quadrant. This corridor is also one of the City's major industrial and
commercial areas, with a host of auto-oriented businesses. In addition, the corridor contains
Oxford's major mobile home community as well as a host of other residential uses.
The corridor is important from several perspectives. It is vitally important to the City's »
long-term economic growth and should provide Oxford with the ability to attract additional
manufacturing and light industrial facilities similar to Square D. A large amount of vacant
industrially zoned land is located in the corridor.
Commercial uses are expected to continue in the corridor as well, given the current land use
pattern. Of concern, however, is the aesthetic impact of such development if stronger

development standards are not enacted including the potential impact on traffic flow
resulting from additional curb cuts.

US 27 North is not conducive to a residential neighborhood along the road frontage in its
current form, despite the amount of housing in the corridor. If housing is to continue,
particularly on the north side of US 27, then improvements should be instituted to support
existing and new development. These might include additional active parkland to serve
individual neighborhoods, sidewalks and pedestrian connections along US 27 and
enhancements to US 27 that slow traffic.

PC-23-2007

B.

Strategies
Continuing to promote US 27 North for light industrial, light manufacturing, research and
development, office and flex-office space.

2.

Maintaining and enhancing rail access.
Page 3 of8

pW

O IDL

Encouraging truck traffic to bypass Uptown.
Discouraging additional residential development adjacent to industrial sites, but rather
buffer with office, flex-office, light commercial uses, or parkland.
Directing single-family residential to the northeast of US 27.
Discouraging single-family residential to the southwest of US 27.
Enhancing US 27 with sidewalks, curbing and gutters and street trees.

Consolidating signage.
Including roadway enhancements to slow traffic flow along US 27 North, such as
additional traffic control devices and enhanced enforcement.

See Economic Development, Transportation and Urban Design elements.
Locust Street Commercial Subarea

A.

Concerns

The Locust Street Commercial Subarea is one of Oxford's major business districts. It has
attracted a variety of new investment in the area, the majority of which has been retail
oriented. This is expected to continue in the Subarea, however, infill development,

reinvestment and redevelopment should be emphasized over expansion.
The Subarea is surrounded by residential neighborhoods. These should be insulated from
existing commercial activity and the integrity of neighborhoods should not be
compromised by commercial expansion. Traffic flow and circulation are a concern and
should be addressed to improve reinvestment potential, as well as to improve conditions
for residents in the adjacent neighborhoods. The physical boundaries of the Subarea
should be clearly defined by the City through a study of property boundaries and adopted
as a land use policy by City Council. The zoning code should be strengthened to ensure
that commercial-residential separation is effective, as discussed earlier in this chapter.

Infill development should be encouraged in the Subarea, perhaps so far as to provide a 10
percent to 20 percent reduction in off-street parking requirements as an incentive.
Concurrently, the City should require the installation of street trees in off-street parking

areas, as well as interior perimeter landscaping (e.g. three-foot continuous evergreen

he

hedge).
. Strategies
Continuing the Locust Street Subarea as a commercial business district.
Focusing future efforts on infill development and redevelopment of existing sites and not
physical expansion.
Focusing future uses on community-oriented businesses and not those geared towards a
regional market.
Delineating clearly the boundaries of the Subarea and discouraging the conversion of
adjacent residential areas to nonresidential areas.
Enhancing the Zoning Code to provide for increased buffering between commercial and

residential uses including screening, noise restrictions, lighting restrictions and trash
receptacle screening.
Emphasizing commercial development standards, addressed in the Land Use element, in
the Subarea.
Developing additional pedestrian and safe bicycle linkages to better integrate the Subarea
with adjacent neighborhoods.
Traffic circulation problems should be analyzed and alternatives considered.

PC-23-2007

Page 4 of8

AGENCY

COMMENTS

Comments from the Engineering Division are attached for your information. Police and Fire did not
provide any comments on this project.

PUBLIC COMMENT

FORMS

No comments have been received to date.

DECISION CRITERIA
A copy of the Zoning Code Conditional Use decision standards is attached.

STAFF ANALYSIS
The site is transitioning from the Locust Street subarea to U.S. 27 North commercial subarea. The
emphasis of land use is also shifted from redeployment and/or infill project while discouraging expansion
to industrial/commercial growth in the U.S. 27 corridor. It is the corner piece of the transition and is
critical to ease the transition between these two subareas. One important element that must be established
is an aesthetic continuity of commercial development standards.
Staff identified the issues that need to be addressed by the applicant based on the code requirements.
There are other concerns that are not covered by the code would also need to be considered, such as
additional traffic generated from this new development that could impact the continuous right-turn lane
from U.S. 27 to Locust St. . These issues are outlined below. Staff suggests that the Commission consider
the following items prior to approving the proposed project.
lL.
That, no earthen mound will be required, and the frontage of the site on U.S. 27 North
and Locust St shall be landscaped as proposed by the applicant.
2.
That, the facades of the building shall be finished, utilizing at least 50% natural materials
including brick, stone, masonry, glass, or wood. No aluminum or vinyl siding shall be
used in finishing or utilized on the front facade of the building, per §1143.12(d)(6).
That, a refuse collection and recycling container must be enclosed or screened so as not

to be visible from the right-of-way or other publicly accessible area. The enclosure may
consist of wood or masonry walls. Containers shall not be located in any front yard. The
exterior perimeter of the enclosure(s) must be landscaped, excluding the access point, per

§1143.12(e) (7) (b)
That, a maximum of 2 wall signs shall be permitted with a maximum height of 3 feet and
the maximum total sign area for all signs on the entire site shall not exceed 360 sq.
ft. per §1151.05(a)¢3).
That,

there

shall

be

a

10

feet

by

25

feet

load

space

for the

located

in

the

required

proposed

use,

per

setback,

per

§1149.05(e)(2)
That,

queuing

spaces

shall

not

be

front

§1149.05(e)(3)(D).
That, all other zoning requirements are satisfied, especially in regards to the height and
lighting of the proposed building.
That, all appropriate BZA approvals are obtained prior to filing for a demolition permit.

PC-23-2007

Page 5 of 8

RECOMMENDATION
Not Applicable
SUBMITTE

J

n Chén, Director
Community Development Department

DATE:

PC-23-2007

P:2I7

=f

Page 6 of8

ATTACHMENT
(c) Planning Commission Review. The Planning Commission shall! base its review of a proposed
Conditional Use upon the complete application, upon any staff report, and upon any relevant and credible
public comment presented during the public hearing. If the Planning Commission finds that the
information provided is insufficient to make a determination, it may suspend its review until sufficient
information has been provided.
(1) Burden of proof.
A. Planning Commission has no obligation to recommend approval and City Council has
no obligation to approve a Conditional Use. This Zoning Code assumes that the uses
listed in this section are not appropriate unless an applicant proves that the use will not be
detrimental to the public health, safety, or general welfare of the City or the

neighborhood in which it is proposed.
B. Applicants shall prove that potential negative impacts of elements such as location,
size and extent of facilities and operations, site design, traffic generation, site access, and
potential impact upon public facilities will be adequately mitigated.
(2) General decision standards. All Conditional Uses shall satisfy these General Decision
Standards:
A. The proposed use is in fact a Conditional Use in the zoning district in which it is
proposed.
B. The use and site will satisfy the general intent of this Zoning Code.
C. The use and site will be compatible with the general intent of the Comprehensive Plan.
D. The size and shape of the site are sufficient for the proposed use.
E, The use will not be hazardous or disturbing to existing or potential future neighboring
uses that are permitted in the zoning district.
F. The use will not involve activities, processes, materials, equipment, or conditions of
operation that will be detrimental to any person, property, or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare, odors, or other emissions.
G. The only accessory uses will be directly related to the operation of the principal use
and will not be operated independent of the principal use.
H. The use and site will be adequately served by public facilities and services such as
streets, water and sewer, drainage structures, police and fire protection, and refuse
disposal, or adequate provisions will be made to provide the same services privately.
I. Development of the site and operation of the use will not require substantial public
expenditure for additional infrastructure or services.
J. The site will be designed, constructed, and maintained in a character harmonious in
appearance and general character with the existing or intended character of the general
vicinity, and that such use will not change the essential character of the same area.
Structures to be constructed, reconstructed, or altered in a residential zoning district shall
have the appearance of residential buildings permitted in the zoning district.
K. The site is designed so that on-site traffic and traffic accessing the site will not
inappropriately impact the movement of traffic on adjacent public streets.
PC-23-2007

Page 7 of 8

L. Proposed construction will not result in the destruction, loss, or damage of a natural,
scenic, or historic feature of major importance.

M. All necessary permits and licenses for the Conditional Use and its operation have
been or can be obtained for the use at the proposed location.

PC-23-2007

Page 8 of 8

City of Oxford
Inter-Office Review Transmittal Sheet

Date:

9/10/2007

To:

Fire Departme:

From:

Community Development

Engineering Division

Police Department

Drawings are being submitted to you for the following:
Case #:

PC-23-2007

Description:

PC 23-2007

CONDITIONAL USE PERMIT - to allow for a new drive-through banking

facility in the General Business District located at 10 North Locust Street. Scott
Webb, Applicant, Architect.

X

Review

Revisions

Comments or status update requested by:
Please return no later than:

9/28/2007

Other

Lynn Taylor

Note: IF no comments

project meets your department's standards.

Drawings are returned:

Drawings reviewed by:

w/comments

LL

are received, we will assume the

{without/comments

Fircbenas

hive
/

>

Chief

City of Oxford
Inter-Office Review Transmittal Sheet

Date: 9/10/2007

ee

To:

Fire Department

From:

Community

a

_ Engineering Division

Police Department

Development

Drawings are being submitted to you for the following:
Case #: PC-23-2007
Description:
PC 23-2007

CONDITIONAL USE PERMIT - to allow for a new drive-through banking
facility in the General Business District located at 10 North Locust Street. Scott
Webb, Applicant, Architect.

X____s Review

Revisions

Comments or status update requested by:
Please return no later than:

9/28/2007

Other

Lynn Taylor

Note: If no comments

are received, we will assume the

project meets your department's standards.

Drawings are retumed(_w/comments >

—_—————

"pean

4

(C7OR.

[LL

Drawings reviewed by:

7-26-07

—_

MEM DATED

,

SEE

without/comments

wr,

i ty

ee
ceA

j CITY OF

“OXFORD
EOME

CF

MEAMT

Memo

UNEVERSETE

Service Department
Engineering Division

513/524-5208 — fax 513/524-5267
TO:

Community

Development

FROM:

Victor Popescu

Department

City Engineer

RE:

Case # PC-23-2007
Conditional Use Permit - 10 N. Locust St.

DATE:

September 26, 2007

We have reviewed the material presented, and offer the following comments:

e

Concern is expressed regarding the utilities that are needed for the proposed
bank. Construction is underway on the improvements for USR 27 and Locust
Street. The improvement includes new or rehabilitated pavement, sidewalks,

curb and gutter, and a tree lawn. The installation of the required utilities
(water, sanitary sewer, and natural gas) will require the open cutting of the
roadway, shortly after its completion. Not a very good public relation move.

It is strongly recommended that, if the building of this proposed bank will be
approved by the Planning Commission, the utilities laterals be installed prior
to the laying of the asphalt surface course.

S:\Shared\l0 N Locust St. - Bank.rtf

City of Oxford
Inter-Office Review Transmittal Sheet
Date:

9/10/2007

To:

Fire Depariment

From:

Community

Engineering Division

Police Department

Development

Drawings are being submitted to you for the following:
Case #:

PC-23-2007

Description:
PC 23-2007

X

CONDITIONAL USE PERMIT - to allow for a new drive-through banking
facility in the General Business District located at 10 North Locust Street. Scott
Webb, Applicant, Architect.
Review

Comments

Revisions

or status update requested by:

Please return no later than:

9/28/2007

Other

Lynn Taylor

Note: If no comments

project meets your department's standards.

are received, we will assume the

——_—.
SSSPSCEA

HRT

RT

RTS

HRERRHEEET

Drawings are returned:

CHR

RTE

R

ERK

H

ERR

w/comments

REET

EPHEMERA

( without/e omments
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Drawings reviewed by:

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ee Filed:

PC- “A
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Conditional Use Permit Application
City of Oxford, Ohio

REQUIRED

INFORMATION

Name of Applicant:

(pgint.c!

7.

)

i

(Attach a letter of

Mailing Address:

‘
Avele tat

g

10% Wy. W/.
Wud of

Telephone Number(s):

— CL

625:

;
Pec

443

SFE

623 -1ZF2.

at.

[st

Legal Descripticn:
Zoning District:
Total Area:

CFD
BO

Keres / Square Feet (circle one)

Existing Use:

égld [Abels a

$3

Location of Property:

lo

Gwe les

if the applicant is not the property owner.

Al, locum

PEST |

elves

VAéc Atty

Proposed Use:

SUBMISSION REQUIREMENTS
The required fee of $100.00, made payable to the City of Oxford, must accompany the application. The
entire submission

must be prepared

in accordance with Chapter 1147, Conditional

Uses, of the Zoning

Code of the City of Oxford.

—

iS

—

=DOONAHRON>

Attach thirteen (13) copies of a site plan indicating the following:
North arrow

13.
14.

Scale
Vicinity Map
All existing and proposed lot lines within the site
Dimensions of all lots and of the entire site and any adjacent rights-of-way
Location, height, and use of all proposed and existing structures
Location and design of all proposed vehicle management areas
Location, size, and type of all proposed signs
Location, height, and type of all proposed screening and landscaping
Distances to residential zoning districts if within 1,000 feet

The use of land and location of structures on adjacent property and across adjacent rightsof-way
Elevations of proposed structure, or typical elevations if structures are not yet designed, shail
be required by the Zoning Administrator if the proposed location, height, or bulk of the
structure is such that it may negatively affect an adjacent use
| Photographs of the existing use and its surroundings.
Other information as required by the Planning Commission

Attach a statement describing how the proposed, Conditional Use meets the following
decision standards of the zoning districtj in, which itis to be located:
IME

“4.
2.
3.
4.

om

7

cee,

The
The
The
The
The
that

sh)

of

va

3

ey

™

4

proposed use is in fact a Conditional Use in the zoning district in which it is proposed,
use and site will satisfy the general intent of this Zoning Code.
use and site will be compatible with the general intent of the Comprehensive Plan.
size and shape of the site are sufficient for the proposed use.
use will not be hazardous or disturbing to existing or potential future neighboring uses
are permitted in the zoning district.

Updated 3/06

The use will not involy = activities, processes,

materials, equipn.znt, or conditions of

operation that will be detrimental to any person, property, or the general welfare because of
excessive

7.

production

of traffic, noise, smoke, fumes, glare, odors, or other emissions

The only accessory uses will be directly related to the operation of the principal use and will
not be operated independent of the principal use.
The use and _site will"be adequately served by Public’ facilities: and services such as streets,
water and Sewer, ‘drainage structures, police’ and fire" ‘protection, "and refuse disposal, or
adequate provisions|will be.made to provide the same services privately.
Development at He-site and’ operation. of. the. uge will tot require . Substantial public

“expenditure
for additiénal infrastructure’or sefvides;”

The site will-be ‘designed, constructed, and maintained in-a Ph aractet harmonious in
appearance and general characterwith the: existing ar, intehded ‘character of the general
vicinity, and that such use Will hot’ change ‘the essential charactér of the same area.
Structures to be constructed, reconstructed, or altered in a residential zoning distribute shall
have the appearance of residential buildings permitted in the Zoning. district.
The site is designed so that on-site traffic and traffic accessing ‘the:site will not
inappropriately impact the movement of traffic on adjacent, public ‘Streets.

10.

41.

On a

12.

Proposed

13.

or historic feature of major importance. “° * W*2
US¥r ‘ws ss
All necessary permits and licenses for the Conditional Uses and its operation have been or
can be obtained for the use at the proposed location.

construction will not result in the Spstruction, Joss; Ct demmage

of a natural, scenic,

separate sheet of paper, provide the names and addresses of all adjoining property

owners within 200 feet of the site, including those across streets, roads, alleys and
highways.
NOTE: The Butler County website (www.butlercountyohio.org/auditor) is very helpful when
searching
for the mailing address of adjoining property owners. Once the site is up, click on online
searches,
then click on real estate. It will allow you to search by owner, address or parcel number

All materials must be delivered to the office of the Community Development Director, City of Oxford, 101
East High Street, Oxford, Ohio 45056. Any questions should be directed to the Community Development
Department at (513) 524-5204. The issue will be placed on the next possible agenda

NOTE:

Incomplete applications will not be processed.

NOTE:
Notification and publication requirements must be adhered to.
days prior to the proposed meeting date.

Mh

"y

i

yt

Lif

Webb

of Applicant

FEE / RECEIPT

Date: An

24, Cees

Printed Name

7

$100 Fee Paid / Receipt Number:/OO

$:\forms\conditionaluse

Submit materials 45

a

BUS

Updated 3/07

/

10 North
Medical Building
443 Emerald Woods Drive

Oxford, Ohio 45056
513-523-7282

Jung Han Chen, Community Development Director
City of Oxford

101 East High Street
Dear Mr. Chen,
Scott Webb, as my architect, will be acting as my agent in the

application to Planning Commission and City Council for the
Conditional Use Application for the proposed Branch Bank and
drive-through on my property at 10 North Locust Street.
Respectfully,

LtzatetE___
Elizabeth M. Swailes
property owner

10 North Locust St.
Oxford, Ohio 45056

\
ae

Board of Zoning Appeals
Oxford, Ohio

BRAM

City of Oxford
101 East High Street

45056

FS"

Re:

Proposed Branch Bank
10 North Locust Street

SCOTT

WEBB
ARCHITECT

October 23, 2007

103 West Walnut Street
Oxford, Ohia 45056
(513) 523-3838
www.scottwebbarchitect.com

Board Members,

Please accept this letter as an amendment to the formal petition for a Board of Zoning Appeals.
Based on the issues raised at the October 17 review hearing, the application has been amended

to include the variance to the requirement of a building’s front entrance to face the right-of-way,
the location of the drive through lanes in the required
location of the queuing spaces in the front setback area.

front

setback

and

subsequently

the

The Zoning Code Sections are as follows:
Section 1143.12(d)(3) Supplemental

Requlations

(3) Every principal structure shall have a principal front entrance that is oriented toward and
within 45 degrees of parallel to the adjacent facing right-of-way.
Section 1149.05(e)(3)(D) Non-residential Regulations for Queue and exit spaces
(D) Queuing spaces shall not be located in the required front setback

Application has been made to Planning Commission as required for a Conditional Use.
As the attached drawing & Survey shows, the modification of the intersection and the widening
of the existing Right-of-Way for the US 27 improvements has had a significant effect on this lot.
This is compounded by the location of ingress and egress from
inherent requirement for this building to have four public sides.

the connected

site and

the

There is not enough depth to the remaining lot to accommodate a building, its required parking,
and all necessary access lanes. The building, as shown in the attached drawing, uses the drive

of the existing parking lot to eliminate the necessity of providing this drive and parking lanes on
the site itself. However in doing so, the building faces inward, toward the existing professional
office building.
In response to the decision standards outlined in the application, we offer the following:

a)

The variance

would not permit or result in a use that is not permitted in the zoning

district;

A bank that includes a drive-through is a Conditional Use in the GB Zoning District.
Conditional Use application has been filed with Planning Commission.

The

b)

Conditions of the land, site, structure, or element for which the application is submitted
are substantially different from other site in the same zoning district because of physical
characteristics of the land including dimensions, elevation, topographical variations, soil
conditions, or other extraordinary situations, and the difference support the application;
The

existing

lot

is

very

small,

and

has

been

made

smaller

still

by

the

US

27

improvements and the modification of the intersection.
c)

The conditions upon which the application is based are not the result of actions by the
applicant;
The size and shape of the lot, and its irregular relationship with the new street Right-ofWays are the result of the road improvements, and not of the applicant.

d)

The variance
hardship;

would not confer a special privilege to the applicant,

but would relieve a

A building and its required parking will only fit on this site if entrances and parking drives
are shared. Additional curb cuts for this lot would not be prudent with regard to the new
traffic pattern. In doing so, the building is forced to face inward, rather than toward the
public right-of-way.
The location of the proposed drive-through lanes in the front yard setback would relieve a
hardship, and
improvements.

e)

allow

the

site

to

be

developed

as

intended

before

the

intersection

The literal interpretation of this Zoning Code would deprive the applicant of the ability to
develop a site or use the land as a conforming permitted use in that district;

The improvements to the intersection have made it difficult to develop this site for any
use allowed in the Zoning district.
f)

The variance will be minimum variance necessary to permit reasonable use of the land,
- site, structure, or element for which the variance is sought;
The variance to allow the building to face inward is necessary to allow the shared
entrances and parking drives with the adjacent building is the minimum necessary to
permit reasonable use of the land.
The variance to the location of the drive-through lanes and queuing spaces are the only
variances sought and is the minimum necessary the development of this lot for its
intended use as a bank.

g)

The situation permitted by the variance will be in harmony with the general vicinity, will
not be detrimental to the public health, safety, or general welfare, and will satisfy the
general intent of this Zoning Code;
The proposed branch bank, as the corner lot for this professional office building site, will
be in harmony with the general vicinity. While the rear of the building faces the public
right-of-way, this fagade and the drive-through lanes will be partially hidden by the
mounding, grading, and landscaping. The attached site plan shows no new curb cuts,
and uses existing ingress and egress points for the existing professional building.

Thank you for your consideration of this application.
additional information, please call.
Respectfully,
Scott Webb, Architect

If you have any questions or need any

Jung-Han Chen
Community Development Director
City of Oxford

Municipal Buiiding
101 E. High Street

Oxford, Ohio 45056

ARCHITECT
Re:

Application for Conditional Use
Out Lot @ 10 North Locust Street

103 West Walnut Street

Oxford, Ohio 45056
(513) 523-3838

August 24, 2007

www.scottwebbarchitect.com

Dear Mr. Chen,

Please accept this letter as a formal request for a review hearing by the City of Oxford Planning
Commission and Oxford City Council for a Conditional Use for a new drive-through banking
facility in the General Business Zoning District.
The attached proposal has been prepared for and with the help of the following:
Property Owners:
Beth Swailes
443 Emerald Wocds Drive
Oxford, Ohio 45056
Architect:

Scott Webb, Architect
103 West Walnut Street
Oxford, Ohio 45056

Surveyor.
DDS Surveying Inc.
318 South College Avenue
Oxford, Ohio 45056

Consulting

Code Studies

Site Planning

Schematic Design

Construction Documents

Construction Management

Statement describing how the proposed Conditional
standards of the zoning district in which it is loacted.

Use

meets

the following

decision

In response to the decision standards outlined in the application, we offer the following:
1.

The proposed
proposed;

use is in fact a Conditional Use in the Zoning District in which it is

Banks with drive-through facilities are specifically listed as a conditional use in the GB
district.
The use and site will satisfy the general intent of the Zoning Code;

Banks are listed as permitted uses in the GB zoning district. The drive-through facility
requires the conditional use approval for site plan review

The use and site will be compatible with general intent of the Comprehensive Plan;
The Comprehensive Plan call for infill development over expansion in this Subarea.

This has never been more true, as the City expands westward with the new Wal-Mart.
The size and shape of the site are sufficient for the proposed use.
The property at hand was intended for a branch bank.

The improvements to the

intersection of College Corner Pike, US 27, reduced the overall property area of the

intended out lot. The building and its associated traffic circulation has been designed for
the remaining lot, though application for relief from the Board of Zoning Appeals will be
required for the location of the drive-through lanes.
The use will not be hazardous or disturbing to existing or potential future neighboring
uses that are permitted in the zoning district.

The proposed bank will not be hazardous to its neighbors.

The use will not involve activities, processes, materials, equipment, or conditions of

operation that will be detrimental to any person, property, or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors, or other
emissions.

The operation of the proposed branch bank will not be detrimental to any person,
property or the general welfare.
The only accessory uses will be directly related to the operation of the principal use and
will not be operated independent of the principal use.
There is only one proposed use of the property.
anticipated.

No incidental uses are proposed nor

The use and site will be adequately served by public facilities and services such as
Streets, water and sewer, drainage structures, police and fire protection, and refuse
disposal or adequate provisions will be made to provide the same services privately.
All utilities are available at the proposed location.

No special provisions are required.

9,

Development of the site and operation of the use will not require substantial public
expenditure for infrastructure or services.

No public expense is anticipated by this project.
10. The site will be designed, constructed, and maintained in a character harmonious in
appearance and general character with the existing or intended character of the general
vicinity, and that such use will not change the essential character of the same area.

Structures to be constructed, reconstructed, or altered in a residential zoning district
shall have the appearance of residential buildings permitted in the zoning district
The site and building is designed to reflect the materials and construction of the existing

professional office building on the other portion of the site.
11. The site is designed so that on-site traffic and traffic accessing the site will not
inappropriately impact the movement of traffic on adjacent public streets.

The site is designed to accommodate the traffic and potential stacking spaces.
12. Proposed construction will not result in the destruction, loss, or damage of a natural,
scenic, or historic feature of major importance.
There are no scenic or natural resources in this area

13. All Necessary permits and licenses for the Conditional Use and its operation have been
obtained or can be obtained for the use at the proposed location.
All permits will be secured for the construction of this building.
Thank you for your consideration of this proposal.
additional information, please call.
Respectfully

Scott

Webb, Architect

If you have any questions or need any

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CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager
Council Meeting Of:

Community Development
Originating Department

Department

December 18, 2007
Jung-Han Chen

Account Code No. #:

Prepared By

Budgeted Amount:

December 11, 2007
Date Prepared

Agenda Title:

Ordinance Accepting the Annexation Petition of 1.7 Acres in Oxford
Township into the City of Oxford.

|Recommendation:

Approval

‘|

Discussion:

This legislation is to officially accept the petition filed by Donna and Jack Thacker and Ned
Hoelzer for the subject property being annexed into the City.
City Council adopted a resolution to accept the annexation request in its October 2007 meeting.
Subsequently, the Butler County Commissioners also approved this annexation request.
This is the final step of the annexation process and requires City Council to formally accept the
parcel into the City. Staff recommends approval of this legislation.

Approved By:
Department Head:

Initial
a}

Date
zqiufo?

\2s.1

19 | if lo

City Attorney:
City Manager:

v

ORDINANCE NO.

AN
ORDINANCE
ACCEPTING
THE
ANNEXATION
PETITION
FROM
JACK
THACKER, DONNA THACKER, AND NED HOELZER FOR 1.7 ACRES OF LAND IN
THE TOWNSHIP OF OXFORD, OHIO AND ACCEPTING SAID TERRITORY TO BE
ANNEXED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OXFORD, BUTLER COUNTY,
STATE OF OHIO, THAT:

SECTION 1:

Jack Thacker, Donna Thacker and Ned Hoelzer filed a petition with the Board of

County Commissioners of Butler County, Ohio, to obtain annexation to the City of Oxford, Butler
County, Ohio, territories consisting of 1.7 Acres of Land abutting Millville Oxford Road, in the
Township of Oxford, Ohio. Said petition was filed with the consent of all parties pursuant to Ohio
Revised Code Section 709.022.
SECTON 2:
The Board of County Commissioners did, by Resolution No. 07-10-1883, adopted
October 1, 2007, approve the annexation of the proposed territory to the City of Oxford as hereinafter
described. Such approval was subject to the terms and conditions contained in the Statement of Services
Resolution No. 4299 attached hereto and incorporated herein as Exhibit “A”.
SECTION 3:

The

Board of County

Commissioners

did, through the Clerk of the Board of

County Commissioners, Butler County, Ohio, certify a transcript of the proceedings in connection with

the map and petition required herein to the Clerk of the Oxford City Council who received the same on
or about the 5th day of October, 2007.
SECTION 4: Sixty (60) days from the date of the filing have now elapsed in accordance with
the provisions of Ohio Revised Code 709.04.
SECTION 5: The proposed annexation, as applied for in the petition of Jack Thacker, Donna
Thacker, and Ned Hoelzer being the petitioners and owners of the real estate in the territory sought to be

annexed and filed with the Board of County Commissioners, Butler County, Ohio, in which the petition

prayed for annexation to the City of Oxford, Ohio, of certain territory adjacent thereto as hereinafter
described, and which petition was approved for annexation to the City of Oxford, Ohio, by the Board of
County Commissioners on October 1, 2007, be and the same is hereby accepted and deemed annexed to
the City of Oxford, subject to all the terms and conditions provided herein and contained within the

Statement of Services Resolution No. 4299, attached hereto and incorporated herein as Exhibit “A”, and

the acceptance of public roads and streets. The territory to be annexed is more particularly described in
Exhibits “B” and “C”, attached hereto and incorporated herein.
SECTION 6: A certified transcript of the proceedings for annexation with an accurate map of
the territory, together with the petition for annexation and the papers relating to all proceedings
heretofore with the County Commissioners, are all on file with the Clerk of the City of Oxford, and have
been for more than sixty (60) days.

SECTION 7:

The Clerk of the City of Oxford be and is hereby authorized and directed to make

four copies of this ordinance, to each of which shall be attached a copy of the map accompanying th’
petition for annexation, a copy of the transcript of proceedings of the Board of County Commissioners
of Butler County, Ohio, related thereto, and certified as to the correctness thereof. The Clerk shall then
forthwith deliver one copy to the County Auditor, one copy to the County Recorder, one copy to the
County Engineer, and one copy to the Ohio Secretary of State and shall file notice of this annexation
with the Board of Elections within thirty (30) days after it becomes effective and the Clerk shall do all

other things as required by law.
SECTION 8:

This Ordinance shall take effect at the earliest time allowed by law.

MAYOR
ADOPTED:
ATTEST:

DEPUTY CLERK OF OXFORD CITY COUNCIL
INTRODUCED BY:

PRUE DANA

PREPARED BY: LAW (STAFF)

EXHIBIT

"A"
RESOLUTION NO.

4299

A RESOLUTION ACCEPTING THE ANNEXATION PETITION FROM JACK THACKER, DONNA
THACKER, AND NED HOELZER IN THE TOWNSHIP OF OXFORD, OHIO; CONSENTING TO
SAID ANNEXATION; AND ADOPTING A STATEMENT OF THE SERVICES THE CITY OF
OXFORD WILL PROVIDE TO THE PROPOSED TERRITORY TO BE ANNEXED TO THE CITY
OF OXFORD, PURSUANT TO A PETITION FILED WITH THE BOARD OF COMMISSIONERS
OF BUTLER COUNTY, OHIO, BY JACK THACKER, DONNA THACKER, AND NED HOELZER.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OXFORD, BUTLER COUNTY,
STATE OF OHIO, THAT:
SECTION 1: Council, having received the notification of a petition for annexation from Jack

Thacker, Donna Thacker, and Ned Hoeizer, in the Township of Oxford, Ohio, hereby accepts said
petition.

SECTION 2: Council hereby consents to the annexation petition from Jack Thacker, Donna
Thacker, and Ned Hoelzer, in the Township of Oxford, Ohio.
SECTION 3: The Ohio Revised Code, Section 709.031(B) provides that the legislative authority
of a municipal corporation shall adopt an ordinance or resolution indicating what services a municipal
corporation will provide to the territory to be annexed to the municipal corporation upon receiving
notice of the petition for annexation and a hearing date before the Board of Commissioners of Butler
County, Ohio.
SECTION 4: The City of Oxford, will provide the following services to the territory sought to
be annexed in the petition filed by Jack Thacker, Donna Thacker, and Ned Hoelzer of 1.7 acres plus or

minus as described on Exhibit “A”, attached hereto and incorporated herein, conditioned upon the

property owners providing to the City of Oxford the means of ingress and egress acceptable to the City,
by which the City will have access to the proposed annexed territory. These services are conditioned
upon access being provided.
POLICE

Police service will be provided on a twenty-four (24) hour basis. - Additional police

services/equipment will be provided as required.

FIRE PROTECTION

The Oxford Fire Department will provide fire protection and emergency ambulance service

without charge in the territory to be annexed. Additional fire protection and services/ equipment will be
provided as required.
WATER AND SEWER
Water and Sewer, as provided by law and by service contract, will be furnished to the annexed
territory where available, subject to the City’s ability to provide these services, based on the current
system. Upgrading the present system will be necessary and will be done at the owner’s expense.
PLANNING AND DEVELOPMENT

A professional planning and engineering staff and economic development staff will be available
to service the annexed territory.

ZONING REGULATIONS
Current City of Oxford Zoning Regulations will be enforced in the annexed territory.
STREET MAINTENANCE

The Division of Streets will provide a full range of street maintenance activities, upon the owners
dedicating streets to the public and deeding the same to the City.
BUILDING AND PLANNING SERVICES
Building inspection and planning services by the City of Oxford’s professional staff will be
provided to the territory on annexation.
WASTE COLLECTION
Waste collection services will be provided immediately upon annexation. Waste collection
services are provided on a weekly basis and consist of curb-side pick-up. The property owners will be

subject to a monthly fee for waste-collection services.
PARKS AND RECREATION
As the territory develops, the need for parks and recreational facilities will be evaluated and
appropriate facilities provided upon approval of the Council of the City of Oxford. The City of Oxford
currently provides to its citizens play fields, a swimming pool, tennis courts, and ball fields.

MISCELLANEOUS
Any and all other services provided to the citizens of the City of Oxford will be provided to the
proposed territory upon annexation.
SECTION 5: This resolution shall take effect at the earliest time allowed by law.

VICE
ADOPTED:

October

2,

2007

ATTEST:

Many dan)

4 ton.

DEPUTY CYERK OF OXFORD CITY COUNCIL
INTRODUCED BY: JEROME CONLEY

PREPARED BY: LAW (STAFF)

MAYOR

EXHIBIT

"B"

RESOLUTION NO. 07-10-1883

Page tof3

Resoived By the Board of County Commissioners of Butler County, Ohio, That
WHEREAS, a petition to annex 1.7 acres of land in Oxford Township, Butler County, Ohio to the City
of Oxford, Ohio (hereafter Oxford) was filed with the Clerk of the Board of County Commissioners
(hereafter the Petition) on July 27, 2007; and
WHEREAS, the territory proposed to be annexed (hereafter the Territory Proposed to be Annexed)
into Oxford is described in the Petition as:
Situated in Section 36, Town 5, Range 1, Oxford Township, Butler County, Ohio, and being all of the
lands of Jack Thacker, Donna Thacker, and Ned C. Hoelzer, as recorded in Official Record 7833,
Page 1286 of the Butler County, Ohio records and being further described as follows:
Beginning at the intersection of the westerly line of aforementioned Section 36 and the centerline of
Millville Oxford Road (S.R. 27).
Thence along the centerline of said Millville Oxford Road (S.R. 27), South 33' 42' 27" East 478.61
feet to a point on the southerly line of the aforementioned lands of Jack Thacker, Donna Thacker,
and Ned C. Hoelzer, thence leaving said centerline, along said southerly line, South 64'57' 44" West
313.55 feet to a point on the aforementioned westerly line of said Section 35; thence leaving said
southerly line, along said section line, North 01’ 59' 39" East 531.17 feet to the point of beginning,
containing 1.7 acres of land and being subject to all restrictions, easements and right-of-ways of
record.
WHEREAS, a hearing upon the Petition was held before the Board of Butler County Commissioners
in the Butler County Commission Chamber on September 20, 2007, at which time evidence and
testimony for, against, and about the Petition and the Territory Proposed to be Annexed was
solicited by the Board; and
WHEREAS, no evidence of testimony was offered in favor of or opposed to the annexation at the
hearing and no owner's signatures were requested to be withdrawn from the Petition; and
WHEREAS,

it is now time for the Board to decide whether or not to grant the Petition; and

NOW, THEREFORE, BE IT RESOLVED
COMMISSIONERS THAT:
SECTION

BY THE BOARD

OF BUTLER COUNTY

1: In accordance with R.C. 709.033 this Board finds, based upon a preponderance of the

substantial, reliable, and probative evidence on the whole record, that:

(a) The petition meets all the requirements set forth in, and was filed in the manner provided in,
section 709.02 of the Revised Code.
(6) The persons who signed the petition are owners of real estate located in the territory proposed to
be annexed in the petition, and, as of the time the petition was filed with the board of county

RESOLUTION

NO.

07-1

0-1 883

Page 2 of 3

commissioners, the number of valid signatures on the petition constituted a majority of the owners of
real estate in that territory.
(c) The municipal corporation to which the territory is proposed to be annexed has complied with
division (D) of section 709.03 of the Revised Code.
(d) The Territory Proposed to be Annexed is not unreasonably large.
(e) On balance, the general good of the Territory Proposed to be Annexed will be served, and the
benefits to the Territory Proposed to be Annexed and the surrounding area will outweigh the
detriments to the Territory Proposed to be Annexed and the surrounding area, if the annexation
petition is granted, treating the “surrounding area” as the territory within the unincorporated area of
any township located one-half mile or less from any of the Territory Proposed to be Annexed.
(6) No street or highway will be divided or segmented by the boundary line between a township and
the municipal corporation as to create a road maintenance problem, or, if a street or highway will be
so divided or segmented, the municipal corporation has agreed, as a condition of the annexation,
that it will assume the maintenance of that street or highway.
SECTION 2: In accordance with R.C. 709.033(B) and its finding set forth above this Board hereby
grants the Petition to annex the Territory Proposed to be Annexed to Oxford.
SECTION 3: In accordance with R.C. 709.033(B) the Board instructs the Clerk of the Board, upon
journalization of this resolution to send a certified copy of this Resolution to: (a) the agent for the
petitioners, (b) the clerk of the legislative authority of the City of Oxford, and (c) the fiscal officer of
Oxford Township. The clerk of this board shall take no further action until the expiration of thirty (30)
days after the date of journalization.
SECTION 4: In accordance with R.C. 709.033(C) if ,after the expiration of the thirty-day period
contained in Section 3 of this Resolution, no appeal has been timely filed under R.C. 709.07, the
clerk of this board shall deliver a certified copy of the entire record of the annexation proceedings,
including all resolutions of the board, the petition, map, and all other papers on file, the recording of
the proceedings, if a copy is available, and any exhibits presented at the annexation hearing, to the
clerk of the City of Oxford in order that Oxford can determine whether or not to accept the
annexation in accordance with R.C. 709.04.

SECTION 5: In accordance with R.C. 709.033(D), if a timely appeal is filed in the manner provided
in R.C. 709.07 from the determination of this board, the clerk of the board shall take further action
only in accordance with that the instructions of a court of competent jurisdiction.

Requestor:

Flora Butler

Request Date:

September 26, 2007

Commissioner Dixon moved for the adoption of the foregoing resolution.
Commissioner Furmon seconded the motion and upon call of the roll,
the vote resulted as follows:
Commissioner

Furmon

Yea

Commissioner

Dixon

Yea

Commissioner

Jolivette

Yea

Adopted: October 01, 2007

Attest:

Yo

h Aut

_ Clerk
Page 3 of 3

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ANNEXATION
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OXFORD
CITY 36,OFTOWN
6, RANGE 1

SECTION

Butier County, Chio

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ANNEXATION EXHIBIT

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700 Nilles Road

Fairfield, OH

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45014 513.829.2149