On the agenda: Oxford City Council Regular Meeting — data center (Feb 19)

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AGENDA
OXFORD

CITY COUNCIL

COURT HOUSE

TUESDAY, FEBRUARY

19, 2008

EXECUTIVE SESSION
7:00 P.M.
l.

Roll Call.
Prudence Z. Dana, Mayor
Ken Bogard, Vice-Mayor

Doug Ross

Kate Currie

Alysia Fischer

Richard Keebler

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
February 19, 2008
Page 2

BE

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.

Appointments to Boards and Commissions

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 February 5, 2008 City Council Meeting. (Mary Ann Eaton, Deputy
Clerk of Council and Janice Grill)

Report regarding the January 23, 2008 Environmental Commission Meeting. (Mike
Dreisbach, Service Director)
Report regarding the January 24, 2008 Recreation Board Meeting. (Gail Brahier,
Parks and Recreation Director)

Report regarding the January 24, 2008 Finance Commission Meeting. (Heidi Hill,
Acting Finance Director)
Report regarding the February 6, 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 Vance’s Law
Enforcement for the purchase of thirty (30) Bushmaster M4-A2 Semi Automatic
Rifles and thirty (30) twenty (20) round magazines at a cost not to exceed $22,300.00.
(Steve Schwein, Police Chief)

A Resolution authorizing the City Manager to enter into a contract with Southeastern
Equipment Co. Inc. for the purchase of a 2008 case Model 590 SM backhoe at State
Contract pricing at a cost not to exceed $60,953.78. (Mike Dreisbach, Service
Director)

Council Agenda
February 19, 2008
Page 3

H.

A Resolution authorizing the City Manager to enter into a contract with Southeastern

Equipment Co. Inc. for the purchase of a 2008 Case Model 721E wheel loader at
State Contract pricing at a cost not to exceed $116,675.94. (Mike Dreisbach, Service,
Director)

A Resolution authorizing the City Manager to enter into a contract with Clark
Equipment, DBA Bobcat Company of Chicago, IL. for the purchase of a 2008 Bobcat
Model 250T tracked loader at State contract pricing at a cost not to exceed

$39,226.00. (Mike Dreisbach, Service Director)
A Resolution authorizing a temporary abatement of the Noise Ordinance No. 2550,
Section 509.09, on Friday, April 4, 2008 starting at 6:00 p.m. to Saturday, April 5,

2008 at 3:00 a.m. at Cook Field on Miami’s Campus for the American Cancer
Society Relay For Life. (Doug Elliott, City Manager)

A Resolution authorizing a temporary abatement of the Noise Ordinance No. 2550,
section 509.09, on Friday, April 25, 2008 from 10:00 p.m. to 1:00 a.m. on the Patio at
Shriver Center on Miami’s campus for an After Dark Carnival. (Doug Elliott, City
Manager)

A Resolution authorizing a temporary abatement of the Noise Ordinance No. 2550,
Section 509.09, on Friday, May 9, 2008 from 8:00 p.m. to 2:30 a.m. in the Uptown
Parks for the Red Brick Rasta. (Doug Elliott, City Manager)
Resolutions.

A.

A Resolution establishing the Uptown Revitalization Committee to review the
Zoning Code of the City of Oxford, specifically the floor area ratio in the Uptown
District, and Section 404 of the Property Maintenance Code for the City of
Oxford. (Jung-Han Chen, Community Development Director)

A Resolution authorizing the City Manager to deposit additional funds in the
amount of $
with the Butler County Clerk of Courts for the settlement of
City of Oxford v. MyDears, Inc., Case No. CV-2006-01-0135, for a total

settlement of $

. (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.

1,

An Ordinance Repealing Zoning Code Section 1143.10, Uptown District
And Adopting New Section 1143.10, Uptown District. (Jung-Han Chen,
Community Development Director)

Council Agenda
February 19, 2008
Page 4
2.

B.

An Ordinance Repealing Current Chapter 143 Of The Oxford Code Of
Ordinances, Civil Rights; Community Relations Commission, And
Replacing It With New Chapter 143 Of The Oxford Code Of Ordinances,
Civil Rights; Community Relations Commission; Adding Sexual
Orientation. (Doug Elliott, City Manager)

Second Reading.

1.

An Ordinance Amending Salary Ordinance No. 2984, Section 1. FullTime Positions. (Steve Schwein, Police Chief)

7.

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
Wed
Wed

Feb
Feb
Feb

20
20
27

Civil Service Commission Meeting 7:00 p.m.
Board of Zoning Appeals 7:30 p.m. Cancelled
Environmental Commission 7:00 p.m. Municipal

Building 2" Floor Conference Room
Mar
Mar

Thurs
Thur

Mar

Mon

Mar

10

Tues
Thurs

Mar
Mar

11
13

Mon

Mar

17

Tues
Wed
Fri

Mar
Mar
Mar

18
19
21

uw

Tues
Wed

City Council Meeting 7:30 p.m.
Historic and Architectural Preservation Commission
7:30 p.m.
City Council Work Session 6:00 p.m.

Recreation Board 12:00 p.m. LCBN 2™ Floor

Mar

Meeting Room
Community Choices Workshop 7:00 p.m.
Talawanda Middle School
Planning commission Meeting 7:30 p.m.
Police Advisory Board 7:00 p.m. Senior Citizens
Center
Housing Advisory Commission 7:00 p.m.
Municipal Building 2"4 Floor Conference Room
City Council Meeting 7:30 p.m.
Board of Zoning Appeals Meeting 7:30 p.m.
Community Improvement Corporation 12:00 p.m.

LCNB 2" Floor Meeting Room
8.

Adjourn

Council Minutes

February 5, 2008
Page 1

A regular meeting of the Oxford City Council was called to order by Mayor Prue Dana on
Tuesday, February 5, 2008 at 7:35 p.m. Those members present were Ken Bogard, Alysia
Fischer, Kate Currie, Richard Keebler and Greig Rutherford. Doug Ross was excused.
Staff members present: Mr. Doug Elliott, City Manager; Mr. Mike Dreisbach, Service Director;
Mr. Steve Schwein, Police Chief; Mr. Jung-Han Chen, Community Development Director;
Ms. Harlita Robinson, Finance Director; Ms. Gail Brahier, Parks and Recreation Director;

Mr. Steve McHugh, Law Director and Ms. Mary Ann Eaton, Deputy Clerk of Council.
ADJOURN TO
EXECUTIVE SESSION
Ms. Fischer 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) bargaining sessions with
public employees. Mr. Keebler seconded. The motion passed by the following roll call:

AYE:

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

NAY:

None (0)

ABS:

None (0)

RETURN FROM
EXECUTIVE SESSION
Mr. Bogard moved to return from Executive Session at 7:34 p.m.
motion passed by the following roll call:

Ms. Fischer seconded.

AYE:

Ms. Dana, Ms. Fischer, Mr. Rutherford, 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. Keebler moved to reorder the agenda to place item 3. B. ahead of item 3. A.
seconded. The motion passed 6-0-0.
Ms. Fischer moved to approve the agenda as amended.
passed 6-0-0.

Mr. Bogard seconded.

Mr. Bogard

The motion

Council Minutes
February 5, 2008
Page 2
PROCLAMATION
‘FREEDON FUND BANQUET

WEEK’

Ms. Dana read the Proclamation and noted Mr. Bogard would present it at the NAACP Freedom
Fund Banquet on February 18, 2008.
PUBLIC COMMENTS
Ms. Connie Elliott, 5201 College Corner Pike, noted another donation had been received for the
Smokey and Tornado Project of 23 smoke alarms. Ms. Elliott stated four kits had been
distributed to date.
Mayor Dana thanked Ms. Elliott for her efforts with the project.
Ms. Elliott announced Life Span invited her to make a presentation regarding the project.
Mr. Alan Kyger, 6164 Contreras Rd., noted he now served on the Board of the Chamber of

Commerce. Mr. Kyger stated the Chamber implemented many changes in January. Mr. Kyger
thanked the members of Council who attended the annual awards dinner in January. Mr. Kyger
noted the Chamber had all new officers with Brian Fey as Chair, Mike Patterson as Vice Chair
and Holly Bruder as Treasurer. Mr. Kyger noted the expansion of the Board from 10 to 14
members. Mr. Kyger recognized Board members Holly Bruder, Lisa Marshall, Tim McGowan,
Kim Ogle, Scott Webb, Ken Thacker and Anthony Azama. Mr. Kyger outlined the breakdown
of the committees that were created by the Chamber along with their charges. Mr. Kyger noted
the Chamber's new web site. Mr. Kyger addressed the change in the Chamber's philosophy
where it was now ready to be more proactive in helping develop business in town.
Mr. Kyger addressed the ordinances and changes regarding Issue 20 and encouraged continued
revision. Mr. Kyger noted the replacement for the First National Bank building was scheduled
for HAPC review. Mr. Kyger stated the proposed building was multiple heights with multiple
sized apartments as well as 6,000 square feet of commercial space on the first floor.
Ms. Vanessa Cummings,

125 Marti Ct., noted the NAACP's Annual Freedom Fund Banquet

scheduled for Monday, February 18 at 6:30 p.m. with tickets available for $30. Ms. Cummings
stated this was the one annual fundraiser to support scholarship in the community. Ms.
Cummings noted since 2000, over $50,000 had been awarded in scholarship money to support
students graduating from Talawanda and going to college. Ms. Cummings encouraged
community support. Ms. Cummings noted Kathy Wade, a jazz vocalist, would be the featured
speaker.
Mayor Dana stated tickets could be purchased and donated as scholarship tickets.

Council Minutes
February 5, 2008
Page 3
NOTICE TO LEGISLATIVE AUTHORITY
Transfer from Midstates Restaurants Inc. DBA Pedros 1‘ Floor 40-44 E. Park Place Oxford,

Ohio 45056 to Bella Investments LLC 1

Floor 40-44 E. Park Place Oxford, Ohio 45056.

Chief Schwein advised the owners were very responsible and encouraged Council to accept the
transfer without comment.
Mr. Bogard moved to accept the liquor permit transfer without comment.
The motion passed 6-0-0.

Ms. Currie seconded.

CONSENT AGENDA
Mr. Bogard requested removal of item G. Resolution.
MINUTES

Minutes of the January 9, 2008 City Council Special Meeting. (Mary Ann Eaton, Deputy Clerk
of Council)
Minutes of the January 15, 2008 City Council Meeting. (Mary Ann Eaton, Deputy Clerk of
Council and Janice Grill)
REPORTS
Report regarding the January 8, 2008 Planning Commission Meeting. (Jung-Han Chen,
Community Development Director)
Report regarding the January 16, 2008 Board of Zoning Appeals Meeting. (Jung-Han Chen,
Community Development Director)
Report regarding the January 16, 2008 Civil Service Commission Special Meeting. (Donna
Heck, Human Resources Director)
Report regarding the January 23, 2008 Civil Service Commission Meeting. (Donna Heck,
Human Resources Director)
Mr. Keebler moved to approve the consent agenda.
passed 6-0-0.

Mr. Rutherford seconded.

The motion

Council Minutes
February 5, 2008
Page 4
RESOLUTION
NEW FUND
A Resolution No. 4323 approving the creation of a new fund for the 2008 operating budget to
provide for affordable housing. (Harlita Robinson, Finance Director)

Mr. Bogard asked if City funding was involved or just an account being set up to receive funds
from private donations or others into the fund.
Ms. Robinson stated it would be to receive both the City funding as well as outside funding.
Mr. Bogard asked the amount of the City funding on an annual basis.
Ms. Robinson stated there had only been an appropriation in 2007 and 2008 for $5,000 each.
Mr. Bogard referred to Section 2 of the resolution regarding HAC having oversight of the
Housing Trust Fund, and asked if any other commission had this type of authority.
Ms. Robinson explained it was designed similarly to CIC as an advisory to Council; however, it
would still take an act of Council to expend the funds upon recommendation.
Mayor Dana referred to the letter from the League of Women Voters regarding this issue as they
had been working with both the City and HAC over the past several years to create this fund.
Ms. Robinson noted for clarity this was just to establish the fund. Ms. Robinson stated the need

for a supplemental in order to get the appropriation into the fund.
Ms. Fischer moved to adopt Resolution No. 4323.
adopted by the following roll call:

Ms. Currie seconded.

The Resolution was

AYE:

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

NAY:

None (0)

ABS:

None (0)

RESOLUTIONS
RESOLUTION
SUPPORT MIAMIY’S
LEASED SPACE INITIATIVE
A Resolution No. 4324 supporting Miami University’s leased space initiative and encouraging
and requesting Miami University to locate the center within the City of Oxford. (Jung-Han Chen,
Community Development Director)

Council Minutes
February 5, 2008
Page 5

Mr. Chen stated the purpose of the proposed Resolution was to support Miami University's
solicitation for proposals to build leased space for the University's data processing and associated
office functions. Mr. Chen noted the importance of having these types of facilities within the
City and the attraction it created for other business. Mr. Chen stated staff recommended Council
adopt the proposed Resolution. Mr. Chen offered to address any questions.
Ms. Fischer noted her recent meeting with University representatives where they had indicated
they were in the process of narrowing their choices. Ms. Fischer stated the University was
willing to work with Council as they moved forward.

Mr. Rutherford asked for an outline regarding the progression of the Resolution. Mr. Rutherford
noted the Resolution might have the appearance of favoring one site over another.
Mr. Rutherford asked for information regarding the revenue sharing agreement with the
Township concerning the 4-Leaf Development LLC site. Mr. Rutherford asked for the amount
of acreage within the confines of the city limits available for this type of proposed development.
Mr. Elliott addressed the matter of the development of the Resolution.

Mr. Elliott stated there

was arecent CIC meeting, which he attended, where Mr. Jim Clawson as a member of CIC

requested CIC author a letter in support of his proposal. Mr. Elliott stated following discussion,
the CIC decided not to send the letter. Mr. Elliott stated he then suggested Mr. Clawson address
Council requesting support. Mr. Elliott noted he and Mr. McHugh discussed the proposed
Resolution and the appropriate wording.

Mr. Elliott noted there was a revenue sharing agreement in place between the City and the
Township regarding the Southpointe project. Mr. Elliott noted the intent to keep the Township
whole for a specific period of time. Mr. Elliott stated the length of the agreement was ten years
with automatic renewal.
Mr. Chen stated there were approximately 55 acres allotted for the tech park in the Southpointe
Development. Mr. Chen noted there was also 42 acres available just south of Indian Trace that
was currently zoned OI, Office Industrial. Mr. Chen stated there was a tract of land on 732
South next to the bowling alley of approximately six acres zoned OI. Mr. Chen noted a small
piece of land, less than one acre, on the corner of Morning Sun and Sycamore that was also
zoned OJ.
Mr. Rutherford asked if the tech park would only fit in OI zoning.

Mr. Chen stated OI was designed for that type of facility as opposed to light industrial and would
not be appropriate for the GB district.
Mr. Bogard outlined some of the history regarding the plans for the 172-acre site, which would
include multiple types of housing as well as the tech park. Mr. Bogard noted the City had
encouraged the progression of information technology type industries.

Council Minutes
February 5, 2008
Page 6
Ms. Fischer noted the inclusion of the possibility of annexing sites outside of the City for
Miami’s project. Ms. Fischer noted should a site be chosen that wished to annex into the City an
annexation agreement would be negotiated with the Township. Ms. Fischer stated she could
support the Resolution with that idea in mind. Ms. Fischer noted she did not think the proposed
Resolution supported a specific site, only having it in the City.
Mr. Rutherford expressed concern with the possibility of creating a wedge between the
Township and the City. Mr. Rutherford stated he felt economic development needed to be a
cooperative effort.

Mr. Keebler stated he felt the important thing was that the proposed Resolution was not site
specific while preserving jobs within the City. Mr. Keebler noted he felt the proposed
Resolution was well written.
Ms. Currie moved to adopt Resolution No. 4324.
adopted by the following roll call:

Mr. Keebler seconded.

The Resolution was

AYE:

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

NAY:

None (0)

ABS:

None (0)

RESOLUTION
WINE TASTING EVENT
A Resolution No. 4325 authorizing the City Manager to permit the Oxford Chamber of
Commerce to hold a Wine Tasting Event on June 27" and 28", 2008 in the Uptown Parks. (Doug
Elliott, City Manager)
Mr. Elliott stated staff was approached by the Chamber of Commerce to work in conjunction
with them on a wine tasting event. Mr. Elliott noted the recommendation was to hold it in the
Uptown parks on Friday and Saturday, June 27 and 28. Mr. Elliott stated while the exact hours
had yet to be determined, it would be late afternoon to early evening. Mr. Elliott highlighted
points made in the staff report such as the Chamber would be working with the Ohio Wine
Producers Association to put on the event, and they would be required to obtain the F4 liquor
permit. Mr. Elliott explained the event would be restricted with a fence erected and participants
would be required to purchase tickets. Mr. Elliott clarified the Chamber of Commerce would
obtain the proper insurance policies with the City being named as an additional insured on the
policies. Mr. Elliott pointed out that each participating winery would provide an insurance
policy as well. Mr. Elliott noted similar events held throughout Ohio. Mr. Elliott stated the
Chamber would hold the event next year at the Oxford Community Arts Center. Mr. Elliott
assured the event would not interfere with the Farmer's Market.

Council Minutes
February 5, 2008
Page 7

Mr. Elliott noted the Chamber would be required to cover any additional costs due to the event
and street closings would be minimized. Mr. Elliott noted he was in favor of the event and
recognized several members of the Chamber who were present. Mr. Elliott offered to address
any questions or concerns.
Mr. Mike Patterson, 6163 Contreras Road, noted as Vice Chair of the Chamber of Commerce,
he would like to address the event. Mr. Patterson thanked everyone for taking their time to
review the proposed Resolution and take it under consideration. Mr. Patterson stated the
Chamber understood the gravity of what they were asking for and it was not being taken lightly.
Mr. Patterson noted the Chamber understood the responsibilities that went along with such an
event, including the acquisition of any licenses needed. Mr. Patterson stated the official name of
the event would be the Oxford Wine and Art Affair, a Toast to Oxford. Mr. Patterson stated the
goal was to establish an annual upscale event, which would bring awareness to the business
community as well as the City of Oxford. Mr. Patterson addressed the issue of attracting more
businesses to town. Mr. Patterson noted the possibility of an art walk through all the businesses
in town during the event. Mr. Patterson addressed the need to move forward with the event in
2008. Mr. Patterson noted the support of the Ohio Wine Producers as well as the opportunities
for local businesses. Mr. Patterson noted the importance of a partnership between local
businesses and the City. Mr. Patterson explained the F4 liquor permit was designed specifically
for tasting Ohio wines and to promote Ohio wines within the state. Mr. Patterson stated proper
insurance coverage would be provided. Mr. Patterson noted the Chamber would take
responsibility for event security. Mr. Patterson stated the Chamber would purchase the wine at
wholesale prices, and managing the wine then became the primary objective of the Chamber to
make sure it was consumed properly. Mr. Patterson assured the police department the Chamber
would take responsibility for all ID checks. Mr. Patterson noted the Chamber would establish a

committee to oversee the event.
Ms. Betty Quantz, 322 W. Vine, stated that while this sounded like a wonderful idea, there may

be other less responsible individuals who would like to serve alcohol in the Uptown parks.
Ms. Quantz noted that while some may feel this did not establish a precedent, she feels it did.
Ms. Quantz encouraged Council to discuss the possibility of future requests and how they might
be handled.
Ms. Fischer voiced concern with groups approaching Council with similar requests in the future.
Ms. Fischer asked Chief Schwein to explain the F4 permit.
Chief Schwein stated it was basically a notification to the police department. Chief Schwein
noted as long as the organization met specified state criteria for an F4, the permit was granted.
Chief Schwein explained the limitations of the F4 permit. Chief Schwein noted the permits were
generally issued to non-profit organizations. Chief Schwein stated he had probably seen three F4
permits in his 17 years of service.
Mr. Rutherford asked Chief Schwein how many two-ounce servings it would take for one to
become legally intoxicated.

Council Minutes
February 5, 2008
Page 8

Chief Schwein noted several different factors relating to alcohol and intoxication.
Mr. Elliott stated participants would be expected to drink responsibly and abide by the laws in
the City.
Chief Schwein noted in conversation with Sergeant Fritz of Cincinnati, the Cincinnati City

Council had denied requests from various groups.
Ms. Fischer noted the assumption those decisions were based on specific criteria, which was

what she would request in moving forward.
Mr. McHugh noted that could certainly be reviewed.

Mr. McHugh stated there had not been a

similar request. Mr. McHugh stated he did not see this as binding precedence.
Mr. McHugh suggested correcting the organization carrying the insurance within the Resolution.

Mr. Bogard asked if the Chamber of Commerce would have to seek approval on an annual basis
once it moved the event to the Arts Center.
Mr. McHugh stated the Arts Center was private property and Council approval would not be

necessary.
Ms. Fischer asked Ms. Brahier if admission had ever been charged for an event in an Uptown
park.
Ms. Brahier noted there had not been a situation where the park was gated and admission
charged.
Mr. Keebler noted he was not worried about either policy or precedent and viewed this as a
single event only. Mr. Keebler suggested such requests be viewed on an individual basis. Mr.
Keebler stated he felt the Chamber had done everything possible to make this a good quality
event. Mr. Keebler stated he felt this was a great event and noted he was in favor of it.
Ms. Currie noted her excitement with the corresponding artwork possibility. Ms. Currie
suggested it might be a good opportunity to model responsible drinking. Ms. Currie noted her
support.
Mr. Rutherford asked if future F4 permits would have to be approved for the event.
Mr. McHugh stated he didn't think it would be necessary.
Mr. Rutherford noted he was very pro-business, and while he had some concern, he wanted the
Oxford business community to be successful as well as the Chamber.
Mayor Dana noted her support of this as a one-time event.

Council Minutes

February 5, 2008
Page 9
Mr. Bogard moved to adopt Resolution No. 4325.
was adopted by the following roll call:

Mr. Rutherford seconded.

AYE:

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

NAY:

Ms. Fischer (1)

ABS:

None (0)

The Resolution

ORDINANCE
FIRST READING
ORDINANCE
SALARY ORDINANCE
AMENDMENT

An Ordinance Amending Salary Ordinance No. 2984, Section 1. Full-Time Positions. (Steve
Schwein, Police Chief)
Chief Schwein noted last year Council realized that over the next three years the police
department would have a significant turnover in staff command officers. Chief Schwein stated
within the next three years, at least four sergeants or lieutenants would retire. Chief Schwein
noted in preparation of that, in the 2008 budget, there was a budget for an overlap of lieutenants.

Chief Schwein stated Council afforded the department a temporary bump in manpower
authorization at the lieutenant level to go to three lieutenants temporarily.

when this occurred; it would create a shortage in sergeant ranks.

increase in budget would be necessary.
from six to seven.

Chief Schwein stated

Chief Schwein noted no

Chief Schwein asked the sergeant position be bumped

ORDINANCE
SECOND READING
ORDINANCE
DENY CONDITIONAL

USE

An Ordinance No. 2994 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)
Mr. Chen stated he had no additional information to provide Council regarding this matter.
Ms. Betty Quantz, 322 West Vine, asked if Council voted to deny the conditional use permit for
the new drive-through how would that affect the project as a whole.

Council Minutes
February 5, 2008
Page 10
Ms. Quantz pointed out that the BZA denied the variance to put the drive-through in the front
yard of the building.
Mr. Chen stated if the conditional use application was denied, then no similar project may be
brought forward. Mr. Chen noted the site could possibly be redesigned and brought back to the
Planning Commission for review.
Mr. McHugh noted this was a conditional use strictly for a drive-through.
Mr. Bill Houk, 6 Bull Run Dr., asked for an explanation regarding the wording of the
Ordinance. Mr. Houk noted if the Ordinance were to fail, there would be no effect.
Mr. McHugh noted the Ordinance was written to accept the recommendation of the Planning
Commission, which was to deny the conditional use. Mr. McHugh noted should Council turn it
down, it would be appropriate to move to amend it to convert it to a motion to grant the
conditional use.
Ms. Betty Quantz, 322 W. Vine, referred to the general decision standards and asked Council to

consider "J" and "K." Ms. Quantz noted the back of the building faced the front of the property
and was not harmonious in appearance and the general character of the existing properties.
Ms. Quantz noted this was a sub-area of the Mile Square and noted concern with pedestrian
traffic.
Mr. Alan Kyger, 6164 Contreras Road, noted the size of the piece of property due to the taking
caused by road improvements. Mr. Kyger described a small shopping center in Chapel Hill
where his son attended school, which was bermed with all the shops facing in. Mr. Kyger noted
the logic in locating the building as presently depicted.
Mr. Keebler noted there were several other issues concerning the project besides the orientation
of the building, and the fact that a drive-through was denied did not mean the property was not
useable.
Ms. Fischer addressed the process in regard to Mr. Houk's comments. Ms. Fischer noted if the
present legislation failed, changing it might be problematic from a public standpoint. Ms.
Fischer thanked Mr. Houk for bringing the issue forward.
Mr. Bogard noted the legislative process had been historically that when the Planning
Commission recommended a denial, usually Council had accepted that recommendation.
Mr. Rutherford stated he felt legislation should be written so that a vote in the affirmative is for
something in the affirmative.
Mr. Rutherford pointed out several buildings, noting the front and back of those buildings.
Mr. Rutherford stated he could not vote to approve this because of the flawed process behind it.

Council Minutes
February 5, 2008
Page 11

Mr. Bogard asked when the plans for the highway originated.
Mr. Dreisbach stated there was a design contract for US 27 in either 1999 or 2000,
Mr. Bogard asked if a bank was ever considered at the time the professional building was
designed.
Mr. Webb noted, according to his client, it was always the intention to have an out lot there with
a business such a small bank occupying the space.
Mr. McHugh suggested if Council wanted to have legislation in the affirmative and one in the
negative, both should be included. Mr. McHugh outlined the procedures and criteria followed by
the Planning Commission in arriving at their denial. Mr. McHugh noted Council had used this
procedure in the past where both an affirmative and negative option were available.
Mayor Dana noted she would prefer to deal with the ordinance as it came forward during the
second reading.
Mayor Dana cited the decision standards, particularly "D," "J," and "K."
Ms. Fischer moved to adopt Ordinance No. 2994.
adopted by the following roll call:

Mr. Bogard seconded.

AYE:

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

NAY:

Mr. Rutherford (1)

ABS:

None (0)

The Ordinance was

ANNOUNCMENTS
Mayor Dana noted Ms. Quantz had inquired at the last meeting about the Parking and

Transportation Committee.

Mayor Dana stated they had not met, but a meeting was scheduled

and minutes should be available on the City web site. Mayor Dana noted there were nine
members and both the student member and the Mile Square member had just recently agreed to
serve on the Committee.
Ms. Fischer noted Resolution No. 4176 called for the Board to be appointed by Council, and
asked when the recent membership changes would come before Council for approval.
Mr. Bogard noted applications were generally discussed during Executive Session, and
concurred with Ms. Fischer that they should be considered at the next meeting.

Council Minutes
February 5, 2008
Page 12
Mayor Dana referred to a memo from Mr. Chen regarding the study committee for the housing
maintenance code. Mayor Dana noted she had requested the discussion concerning floor area
ratio that had been considered by the Planning Commission not come forward so as to examine
both of these issues together.
Ms. Betty Quantz, 322 W. Vine, asked Mayor Dana what she was reviewing since the public
was not privy to that information.
Mayor Dana noted it was Mr. Chen's memo to Council suggesting how the housing maintenance

code should be discussed, which determined the number of square feet in bedrooms and living
spaces that would be allowed in apartments in the Uptown area. Mayor Dana stated that by
taking that out of the Charter, it allowed the freedom to develop the best way to discuss space as
it was used in the UP District. Mayor Dana explained at the last meeting, the recommendation of
Mr. Chen was accepted by Council to appoint a study committee to review that square footage.
Mayor Dana asked Council to look at the listed categories included in the seven-member study
group. Mayor Dana stated Mr. Chen and the Planning Department recommended seven
members; a Council member, a Community Development staff member, a University student, a
property owner, an Uptown business owner, a rental agent and an architect. Mayor Dana noted
that while she felt seven might be slightly large, all these people were important. Mayor Dana
suggested the list include a Council member, a Planning Commission member, an HAPC
member, a property owner, an Uptown business owner, an architect, and an attorney. Mayor
Dana noted the charge of the committee would remain the same; to review recent changes, to
understand the reason for the changes including the Ordinance on the floor area ratio, to hear
concerns voiced by property owners, to propose options for staff to explore, to present findings
for the Planning Commission and City Council's consideration in a timely manner so that there
was a clear directive to staff to assist property owners in their individual projects.
Ms. Fischer asked what action Council was expected to take immediately. Ms. Fischer asked
Mr. McHugh if this was something that needed to come before Council in the form of a
Resolution.
Mr. McHugh asked if the group had actually been formed.
Mayor Dana stated they had not yet been formed, referring to the memo from Mr. Chen.
Mr. McHugh suggested for clarity, a Resolution would be best.
Mr. Keebler noted the length of time a Resolution would take in light of Council's promise of
quick action.
Mayor Dana stated that work sessions involving Council, Planning and HAPC all together are
going to be involved as well as consultation with the Planning Department.
Mr. McHugh suggested the Resolution and fulfillment of the study group could take place
simultaneously.

Council Minutes

February 5, 2008
Page 13

Ms. Currie suggested the decision be made as to what categories would make up the group.
Ms. Fischer noted that while the first group contained a University student, the second group of
seven does not. Ms. Fischer stated her feeling not only was a University student necessary, but
in particular a renter.
Mayor Dana suggested adding a student renter as number eight of the group.

Mr. Rutherford expressed the desire that the group be nimble and able to review various
technical documents with the proper understanding.
Mr. Keebler noted he felt it might be more appropriate for the student or renter to come and
speak to the group regarding their wants and concerns.

Mr. Rutherford concurred with Mr. Keebler.
Mr. Rutherford noted the study group would be charged with crafting policy.

Mayor Dana suggested the possibility of bringing in someone from outside the City who was
familiar with overlay districts, zoning, and options that might be available.

Ms. Fischer noted that while she disagreed with Mr. Rutherford concerning University students
and their technical abilities, she felt a decision on the study group should be made.
Mayor Dana noted the people on her list include those with technical interests.

Mr. Bogard stated in working with students for a number of years, he would like to see a student
representative serve on the group.
Mr. Keebler noted his main concern was addressing the issue in a timely manner. Mr. Keebler
suggested the recommendation from the Planning Commission be brought back and perhaps
passed as interim legislation.

Ms. Currie stated she felt a student should serve on the group.
Mayor Dana stated the study group would consist of nine members.
Mayor Dana stated she was still in discussion with Fairfield regarding the recycling contest.

Mayor Dana noted she asked Ms. Currie if she would be interested in serving on the Bicentennial
Committee. Mayor Dana passed information on to Ms. Currie.
Mr. Bogard noted former Mayor Conley was the Chair of the University's Bicentennial
Committee.

Council Minutes
February 5, 2008
Page 14

Mayor Dana referred to a memo from Mr. Chen regarding Mr. Webb's request for clarification
concerning the projection into the right-of-way issue. Mayor Dana noted Mr. Chen suggested a
couple of options Council might consider. Mayor Dana outlined the two suggested options.
Mr. Bogard noted staff recommended Council refer the matter to the Planning Commission.
Mr. Bogard suggested adding a time line for its return to Council.
Ms. Fischer noted the Planning Commission would not be meeting next week due to a lack of

cases.

Mr. Chen stated discussions could take place with the Planning Commission, but it would have
to take place next month due to public notice issues.
Mayor Dana noted it would be appropriate to have a discussion with Planning before it came
back to Council and asked for agreement to follow that course of action.
Mr. Rutherford encouraged the Planning Commission to place the item on the agenda for
discussion in an expeditious fashion.
Mr. Elliott referred to a report outlining a meeting held on January 18 regarding a parcel of land
on east Route 73. Mr. Elliott noted Mr. McHugh, Mr. Dreisbach, Mr. Chen and he attended the
meeting. Mr. Elliott stated the name of the developer was Campus Crest Communities out of
North Carolina, who specialized in student housing. Mr. Elliott referred to the letter Campus
Crest Communities sent to the City Manager's office dated January 29 in which they requested
an opportunity to make a presentation to the City Council. Mr. Elliott noted at the meeting, a
pre-annexation agreement was discussed. Mr. Elliott stated a PowerPoint slide representation
was shown at the meeting, which he had available, showcasing their projects in other college
communities. Mr. Elliott highlighted various aspects of the preliminary plan. Mr. Elliott stated
at the meeting both he and staff advised that while it was a very nice project, it did not meet the
current land use plan. Mr. Elliott stated the developer closed the meeting with the request of
making a presentation to City Council for comment. Mr. Elliott noted the tract of land is 21
acres as well as a portion of land the City desired for a well field protection.
Ms. Currie stated she had no real interest in expending the time on something so opposed to the
current land use plan.
Mr. Keebler concurred that he didn't see any purpose in scheduling a work session; however,
there was nothing to keep them from moving forward with their process.
Ms. Fischer noted her agreement.
opposition to the project.

Ms. Fischer stated there had been many letters received in

Mr. Bogard noted letters had also been received from the Oxford Township Trustees regarding
this project.

Council Minutes

February 5, 2008
Page 15

Mr. Rutherford stated he felt the project did not really provide any assets to the Oxford
community, nor did it achieve the goals laid out in the comprehensive plan.
Mayor Dana reiterated the idea of addressing the imbalance between rental property and owner
occupied property.

Mr. Elliott noted he would send a letter to Campus Crest Communities declining the
presentation.
Mr. Elliott referred to his earlier report regarding the Council facility tour for newly elected and
existing Council members and requested a response from those who have not yet done so.

Mr, Elliott referred to the Municipal Records Commission, as required by law, which was
responsible for City records consisting of the City Manager, Finance Director, City Attorney and
one citizen appointed by the City Manager. Mr. Elliott noted the citizen position had been
vacant for some time and an application was received from Robert Smith. Mr. Elliott stated he
recently met with Mr. Smith, reviewed his application, and appointed Mr. Smith to fill that
vacant spot.

Mr. Elliott referred to a memo distributed by Ms. Robinson regarding notification of the GFOA
award, and thanked Ms. Robinson.

Mayor Dana thanked Ms. Robinson for her service and noted she would be missed.
Ms. Brahier stated Ms. Robinson had been enjoyable to work with and would be missed.
Mr. Bogard noted the passing of Don Schwab on January 23.
Ms. Fischer noted during the Ad Hoc Committee meeting with University representatives, one of
the subjects discussed was a sidewalk along south 27 down to Southpointe. Ms. Fischer stated
they would like to know a time line for that project and who was responsible for which part.
Mr. Dreisbach stated sidewalks were to be included in ODOT's widening of south 27, which was
scheduled for several years in the future.
Ms. Fischer stated she understood as part of the development agreement, a temporary sidewalk

would be installed.

Mr. Dreisbach noted he would have to review the agreement. Mr. Dreisbach noted concern
about the size of the current bridge and stated it was not safe for pedestrian traffic.
Mr. Bogard stated there were more pedestrians along 27. Mr. Bogard suggested exploring what
component parts could be done. Mr. Bogard stated construction of 27 south probably would not
occur until 2012.

Council Minutes
February 5, 2008
Page 16
Mr. Dreisbach asked if Council would like staff to prepare a construction estimate for the
project.
Mayor Dana suggested an estimate as well as a time frame.
Ms. Fischer suggested a review of the Southpointe development agreement.
Mr. Dreisbach noted a temporary asphalt sidewalk was not permitted by City standards and

specifications and special discussions may have to take place.
Ms. Fischer noted the improvements to the railroad crossing on Locust Street and thanked those
involved in completing that project.
Ms. Fischer noted Ms. Robinson would be missed.

Mr. Keebler referred to the original zoning code amendment dealing with the FAR in the
Uptown district and noted that the Planning Commission narrowly looked at just portions of it.
Mr. Keebler suggested that portion coming before Council for review. Mr. Keebler requested
legislation be brought forward along with the recommendation from the Planning Commission
regarding the zoning code amendment dealing with floor area ratio.
Mayor Dana noted the Comprehensive Plan Update community input session was scheduled for
March 10.
Mayor Dana noted some meetings between now and March may not have all members present
due to spring break.
ADJOURN
Ms. Fischer moved to adjourn at 9:50 p.m.

Ms. Currie seconded.

The motion passed 6-0-0.

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Service Department

Originating Department
Council Meeting of:

February 19, 2008

Account Code #:

N/A

Prepared By

Budgeted Amount:

N/A

January 28, 2008
Date Prepared

| Agenda Title:

Environmental Commission Meeting of January 23, 2008

David Treleaven

Recommendation:

_ For Review and Consideration

|

Discussion:
Environmental

Commission

members

present

at

the

January

23,

2008

meeting

were:

Secretary, Ms. Heidi Schran; City Council Representative, Mr. Greig Rutherford; Mr. John
Obrycki; and Mr. Charlie Ford. Chair Ms. Melissa Patrick and Vice-Chair Ms. Gisela Bahr

were excused.

Ms. Schran updated the Environmental Commission
on recent activities of the
Comprehensive Plan Steering Committee. A public meeting of the Steering Committee is
scheduled for Monday, March 10, 2008 at u:00 a.m. in the Courthouse.
Mr. Obrycki
informed the Commission that the Source Water Protection Plan (SWPP) Committee had
essentially completed the development of the SWPP, and were currently working on the
public education portion of the Plan. Staff informed the Commission that Ms. Bahr resigned
from the Miami University Presidential Task Force on Environmental Sustainability,
Community Outreach Subcommittee, and that Staff (also a member of the Subcommittee)

would keep the Commission updated on developments.

Discussion regarding recommendations to City Council for incorporation of Leadership in
Energy and Environmental Design (LEED) Green Building Rating System components into
the potential new municipal facility building(s) was temporarily suspended.
Further
development of the facility(s) plans are currently on-hold.
The current revision of the
Comprehensive Plan offers the opportunity for a City-wide policy recommendation

stipulating environmental reviews for capital projects and/or expenditures. Commission
members were requested to consider wording for an environmental review recommendation
to be discussed at the February, 2008 meeting.
The Commission adjourned at 8:55 p.m.
The next Commission
scheduled for Wednesday, February 27, 2008 at 7:00 p.m.
Approved By:
Department Head:
City Attorney:
City Manager:

meeting

is tentatively

Initial
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Date
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CITY OF OXFORD
STAFF SUMMARY REPORT

Report to the City Manager

Parks and Recreation
Original Department

Council Meeting Of: __ 2/19/08
Gail Brahier

Account Code No. #: __ N/A
Budgeted Amount:

Prepared By

N/A

2/14/08

Date Prepared
Agenda Title:
Recreation Board Meeting — Report

Recommendation:

N/A

Discussion:
The Recreation Board met at the Oxford Senior and Community Center on 1/24/08.
In attendance:

Brandy Darby, Chair, Kevin Marks, Shaunna Tafelski, Jon Ralinovsky,

Ken Bogard, City Council Representative. Absent: Holli Morrish.
were Gail Brahier and Deanna Barbour.

Staff members present

Ms. Brahier briefly discussed 2007 revenue noting the Department ended the year with $1,549
over projected revenues, generating $261,249. Ms. Brahier noted there will be additional
usage of the Community Park in 2008, with SAY Soccer offering a spring league and Miami
Little League will host a two week regional tournament in July, adding both of these will
enhance concession revenue. Mr. Marks noted the SAY Soccer spring league would begin
April 15 — May 31. Ms. Darby inquired about the marketing of the spring league, to which
Mr. Marks replied through the schools, paper, and TRI. Mr. Marks inquired about increases
in field usage fees. Ms. Brahier replied there are no increases in field usage fees for 2008.
There was discussion about the possibility of the pool being developed, and possible scenarios
if located at the Community Park. Mr. Marks remarked if the pool were to go where the second

wagon wheel is marked, then the back soccer fields would definitely need to be expanded.
~ continue ~

Approved By:

Initial

Department Head:

Ch

\ Date

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City Attorney:

City Manager:

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Mr. Bogard said there is some thought to incorporate portions of the family center with the pool,
specifically the indoor/outdoor restrooms and apply for grant funding. Ms. Brahier noted we could
seek funding for the restroom portion of it, but it would be a Council decision on how they want to

proceed with the park.
Ms. Brahier said the signs are posted at the Community Park reminding patrons that pets must be on
a leash. Mr. Bogard inquired if people would still be allowed to bring their pets to the Community
Park once the Dog Park is built? Ms. Brahier said patrons with pets on leash are welcomed at all
parks, but owners must abide by the rules.

Ms. Brahier distributed and reviewed the job postings for the two modified positions on the
Department, noting the deadline for applications is Feb. 20.
Mr. Bogard inquired about speed bumps on the new section of Kay Rench Drive to Brookville.
Mr. Marks also noted there should be signs off Brookville as it is easy to miss the entrance.
Ms. Brahier said there was discussion of an entrance sign off Brookville, and she would relay the
requests regarding speed bumps.
Ms. Darby asked about the status of the Memorial Tree Plaque.

Ms. Brahier noted the cost is

approximately $5,000, and that she had asked one service club who thought it was too much to
donate, so she would revise her request to several service clubs for a smaller donation. Mr. Marks
suggested writing a small article and maybe the public would like to donate as well.

Mr. Marks inquired about the status of the Dog Park? Ms. Brahier responded the group hosted one
fundraiser before the holidays and raised approximately $500 selling dog biscuits. Ms. Brahier noted
she was writing a grant to assist them in raising funds for the fencing.
Ms. Brahier distributed information regarding Ohio’s Physical Activity Plan which is endorsed by the
Governor and will be highlighted at the Ohio Parks and Recreation Association conference.
Ms. Brahier said the plan is a comprehensive approach to make Ohio a healthy state by encouraging
healthy lifestyles, physical activity plans, trails, etc. She asked the Recreation Advisory Board to
review and endorse the plan. There was general consensus to add their name to endorsements.

Ms. Brahier said the City Manager had also endorsed the plan.
Mr. Bogard noted at the recent OKI meeting there was a question on where Oxford was with trail

development. Ms. Brahier said she would check into the deadline for the current OKI funding rounds,
noting the land agreements must be in hand to apply for funding, Jon Ralinovsky said he would check
on what agreements OATS has signed.

The meeting adjourned at 5:10 pm
Next meeting - March 6 -LCNB

Community Room, Noon

CITY OF OXFORD
STAFF SUMMARY

REPORT
Finance
Originating Department

Report to the City Manager
Council Meeting Of:_02/19/08

Heidi Hill
Prepared By

Account Code No. #:

02/14/08

Budgeted Amount:

Date Prepared
|Agenda Title:
Recommendation:

Finance Commission Meetings
N/A

Discussion:
The second meeting of the Finance Commission took place on January 24, 2008.

submit the 2008 Distinguished Budget Award to the GFOA.

Staff requested permission to

The Commission approved the request.

Discussion took place regarding the financial reports the Commission would review to determine what reports
would be sent to City Council and how often they would receive those reports.
The Commission discussed future meeting dates and the proposed discussion at each meeting. The Commission
will meet quarterly, the first Monday of the month of February, May, August, and November.

Approved By:

Initial Dat
Department Head:

City Manager:

/
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YG

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

Community Development
Originating Department

February 19, 2008
Kathryn A. Dale

Account Code No. #:

Prepared By

Budgeted Amount:

February 7, 2008
Date Prepared

|Agenda Title:

HAPC Meeting Report — February 6, 2008

DISCUSSION:
Request for Review:
HAPC-01-2008 25 West High Street to Section 1331.063 conditions of removal and construction of a
new mixed use building. Scott Webb, Applicant, Architect

The Applicant was requesting a COA to remove the existing First Financial Bank and a COA for approval ofa
3 & 4 story mixed-use building. The structure will be one building with two facades. Part of the building is
proposed as a four-story structure, while another portion steps down to three stories. The applicant provided a
site plan and rear building elevations at the meeting. Staff commented building details submitted commonly at
the time for construction permits will be reviewed for zoning compliance. Any issues related to building
height, site layout, proposed uses, etc. that do not conform to the Zoning Code may require additional review
by this Commission and possibly other City Boards and Commissions.
Mr. Webb shared that he did a lot of research on the building prior to the First Financial Bank to help guide the
design of the building under review. Mr. Webb shared similarities and discussed how it would fit with the rest
of the street. Ms. Dana asked the applicant what hardships if any he had with using the FAR and what he
would have done differently if the FAR was not in effect. Mr. Webb commented that they would have
proposed a full four story building across the entire lot. He shared that he thought this was an example of
exactly what City Council was looking for when adopting the FAR.
HAPC voted 5-0-0 to approve Case HAPC-01-2008 with the following conditions:
1,
That, any modifications to the structure as a result of any other City Board or Commission
decisions are represented to the HAPC.
2.
That, the metal doors shown on the drawings for the mixed use building are appropriate.
3.
That, final details of the building, including but not limited to brick color, stone, type, signage,
lighting, streetscape are presented to the HAPC.
Announcements:

Mr. Smith shared that Ms. Henderson inquired about getting CLG funding for the Township House relocation
but was told that since the building was not on the National Historic Registry and had been moved from its
original site that it would not qualify. Members commented that they would continue to look for funds or
grants to share with Mr. Don Thomas for the building rehab at 26 W. High Street.

Ms. Dana asked that the annual report be included in the City Council Packets and any other annual reports
prepared for the planning and zoning boards.
The Comprehensive Plan Update will be holding their second public input work session called Community
Choices on March 10, 2008 from 7:00-9:00p.m. at Talawanda Middle School. The future, conceptual land use
map will be presented for the public to comment on.
HAPC Report-February 2008

New Business:
Ms. Dana shared with the Commission that City Council would like to have a work session to consider changes
to the Issue 20 density regulations as well as the property maintenance code changes to bedroom sizes and
possibly providing density incentives in the Uptown Historic District that would encourage property owners to
use the additional money they receive with a density bonus to keep the building up and maintain the historic
integrity Uptown. Ms. Kay asked why that would effect the HAPC regulations because it would seem that is
regulated through Planning and Zoning, not this Commission.

Ms. Dale asked for clarification about the work session and if Ms. Dana meant that the proposed changes to the
HAPC regulations would be put off until the density issue was ready to be presented. Ms. Dale stated that she
thought the HAPC regulations that were being proposed now related more to the function and decision making
process of the HAPC, including the conditions of removal and that density was a separate issue that should not
effect the proposed text amendments. Ms. Dale indicated she thought a work session with City Council to
review the regulations on the table, currently, would take approximately an hour in order to bring the new
Council Members up-to-date on what has been done and what was requested by the previous City Council, and
to provide an opportunity for the entire City Council to ask questions and get clarification prior to going back
to a public hearing.
Mr. Smith shared with the Commission that demolition of 120 W. Sycamore was planned as well as the old St.
Mary’s rectory at the corner of 27 North and Locust Street.

Old Business:
Historic District Brochure

Ms. Henderson was absent and Mr. Smith indicated that she hoped to present a brochure to City Council in
April.
Administrative Findings/Approvals:
Ms. Dale shared that LaBodega had received their second notification regarding their sign. A representative of
LaBodega was present and stated they would get the proper documentation filed. Mr. Smith asked the
Commission if they thought this was something he could review administratively. The Commission voted 5-0-0
to have Mr. Smith review the application administratively.
Ms. Dale shared that the United Methodist Church received a letter regarding the ramp and railing installed
along N. Poplar Street. She stated that a Trustee for the church was working on getting the required
documentation submitted.
Other Business:
Ms. Dale shared with the Commission that their Rules & Procedures had not been updated in some time and
she corrected all of the cross references. Ms. Dale stated they needed to make a recommendation to modify or
approve so it could be forwarded onto City Council for approval. The Commission voted 5-0 to recommend
approval of the HAPC Rules & Procedures as presented by Staff.
Ms. Hunt asked if it would be possible for the City Manager to attend one of their meetings and be introduced.
She said she has not yet met him and would like for him to meet this Commission.

The next regular HAPC meeting is scheduled for March 5, 2008.
Approved By:
Department Head:

City Attorney:
City Manager:
HAPC Report-February 2008

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

Douglas Elliott, Jr.

Police
Originating Department

Council Meeting Of:

February 19, 2008

Account Code No. #:

N/A

Steve Schwein
Prepared By

Budgeted Amount:

$30,000.00

February 5, 2008
Date Prepared

A Resolution authorizing the purchase of thirty (30) Bushmaster M4-A2 Semi
Agenda Title:
Automatic Rifles and Thirty (30) Twenty (20) round magazines from Vance’s Law Enforcement,
Columbus, Ohio

ata cost not to exceed $22,300.

Recommendation:

Discussion:

Adopt the Resolution.

These long guns were included in the 2008

budget and will enable each

Individual weapon
individual Officer to be assigned his/her personally issued weapon.
of maintenance and
ty
accountabili
assignment is preferable to pool weapon assignment for
security, everyday readiness, tactical and shooting proficiency, and liability. Studies of police
response to active shooter incidents such as Columbine, University of Virginia, and the Los
Angelos bank robbery etc. have shown the advantages and increased utility of the police rifle
over the standard police shotgun. These long guns are an overall replacement for aging and
worn shotguns in the present police armory with a few of the shotguns being retained. All
monies expended for this project are budgeted from the Law Enforcement Trust Fund, NOT
the General Fund.

Approved By:
Initial

Department Head:
City Attorney:
City Manager:

Date

SRS

\ eT
\

Gia

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&E

RESOLUTION NO.

TO ENTER INTO A
THE CITY MANAGER
AUTHORIZING
A RESOLUTION
CONTRACT WITH VANCE’S LAW ENFORCEMENT, COLUMBUS, OHIO FOR THE
PURCHASE OF THIRTY (30) BUSHMASTER M4-A2 SEMI-AUTOMATIC RIFLES AND
THIRTY (30) TWENTY (20) ROUND MAGAZINES AT A COST NOT TO EXCEED
$22,300.00.
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 thirty (30)
Bushmaster M4-A2 Semi-Automatic Rifles and thirty (30) twenty (20) round magazines at a cost not
to exceed $22,300.00.

SECTION 2: The City Manager is hereby authorized to enter into a contract with Vance’s
Law Enforcement, Columbus, Ohio for the purchase of thirty (30) Bushmaster M4-A2 SemiAutomatic Rifles and thirty (30) twenty (20) round magazines at a cost not to exceed $22,300.00.
Said monies expended for this project are budgeted from the Law Enforcement Trust Fund.
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: PRUE DANA
PREPARED

BY:

LAW (STAFF)

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Service Department
Originating Department

City Council Meeting of: February 19, 2008
Account Code #:

Michael B. Dreisbach
Prepared By

320.811.50801

Budgeted Amount: _$83.000.00

February 8, 2008
Date Prepared

Agenda Title:

Purchase of Replacement Backhoe for the Water Distribution Division

Recommendation:

Approve

Discussion:

The 2008 Capital Equipment Budget includes $83,000 for the purchase of a replacement backhoe / loader for
use by the Water Distribution Division of the Service Department. The City is replacing a 1996 Case
backhoe which staff recommends be traded in for credit against the new purchase. This machine is critical to
the operation of the division, and is used throughout the City on a daily basis.
The State of Ohio (Department of Administrative Services) contract for the purchase of backhoes / loaders
(Index No. STS-515W) includes contract number 7751500807, a Case model 590 SM backhoe. The City of
Oxford has been authorized to participate in this Cooperative Purchasing Program administered by the Ohio
Department of Administrative Services. The unit price for this equipment, sold through Southeastern
Equipment Co., Inc. is as follows:

Base vehicle price:

$105,934.00

DAS Discount with State Contract
Optional suspension, safety & environmental packages
Credit for backhoe trade-in

(44,492.28)
16,012.06
(16,500.00)

Total price:

$60,953.78

This Resolution will authorize the City Manager to enter into an agreement with Southeastern Equipment
Co., Inc. of Monroe, OH for the purchase of a 2008 Case model 590 SM backhoe at a cost not to exceed

$60,953.78. Staff further recommends Council authorize the City Manager to dispose of a 1996 Case
backhoe by means of trade-in with the purchase of this machine.

Approved By:
Department Head:
City Manager:

RESOLUTION NO.
A RESOLUTION
AUTHORIZING
THE CITY MANAGER
TO ENTER INTO A
CONTRACT WITH SOUTHEASTERN EQUIPMENT CO. INC. FOR THE PURCHASE OF
A 2008 CASE MODEL 590 SM BACKHOE AT STATE CONTRACT PRICING AT A
COST NOT TO EXCEED $60,953.78.
BE IT RESOLVED BY THE
COUNTY, STATE OF OHIO, THAT:

SECTION

1:

COUNCIL

OF

THE

CITY

OF

OXFORD,

BUTLER

Council hereby authorizes the Service Department to purchase a 2008 Case

Model 590 SM backhoe at State Contract pricing at a cost not to exceed $60,953.78 and to dispose

of a 1996 Case backhoe by means of trade-in with the new purchase.
SECTION 2: The City Manager is hereby authorized to enter into a contract with
Southeastern Equipment Co. Inc. for the purchase of a 2008 Case Model 590 SM backhoe at State
Contract pricing at a cost not to exceed $60,953.78 and to dispose of a 1996 Case backhoe by means
of trade-in with the new purchase. Said amount 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:
authorized.

Funds have been appropriated in an amount in excess of the purchase price

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)

'

Rev. 04/01/07
Page 1
STATE OF OHIO
DEPARTMENT OF ADMINISTRATIVE SERVICES
GENERAL SERVICES DIVISION
OFFICE OF PROCUREMENT SERVICES
4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

STATE TERM SCHEDULE: CONSTRUCTION EQUIPMENT - BACKHOES, BUCKETS, PLANERS
STATE AND LOCAL GOVERNMENT PRICING SCHEDULE
SCHEDULE

NUMBER: 7751500807

EFFECTIVE DATES: 04/01/07_

TO 03/31/11

The Department of Administrative Services has completed the evaluation and analysis of the State Term Schedule (STS)
offering submitted by the Contractor as listed herein. The Contractor listed herein has been determined to provide competitive,
economical and reasonable pricing for the items contained in their offer. The respective offer, including the Standard Contract
Terms & Conditions, any proposal amendment, special contract terms & conditions, specifications, pricing schedules and any
attachments incorporated by reference and accepted by DAS become a part of this State Term Schedule.
This State Term Schedule is effective beginning and ending on the dates noted above unless, prior to the expiration date, the
Schedule is renewed, terminated, or cancelled in accordance with the Standard Contract Terms and Conditions dated
10/25/06.
,
This State Term Schedule is available to all state agencies, state institutions of higher education and political subdivisions
properly registered as members of the Cooperative Purchasing Program of the Department of Administration Services, as
applicable.
Agencies are eligible to make purchases of the supplies and/or services in any amount and at any time as determined by the
agency (see maximum order limit). The State makes no representation or guarantee that agencies will purchase the supplies
and/or services approved in the State Term Schedule.
State agencies may make purchases under this State Term Schedule up to $1000.00 using the state of Ohio payment card.
Any purchases that exceed $1000.00 will be made using the official state of Ohio purchase order (ADM-0523). Any non-state
agency, institution of higher education or Cooperative Purchasing member will use forms applicable to their respective agency.
Questions regarding this and/or the State Term Schedule may be directed to:
Janice Fitzpatrick, CPPB
Janice. fitzpatrick@das. state.oh.us

This State Term Schedule and any Amendments thereto are available from the DAS website at the following address:

http:/Avww.ohio.gov/procure

Signed:
Carol Nolan Drake, Acting Director

Date

Rev. 04/01/07
Page 2

APPROVED PRODUCTS/SERVICES: Only those vendors, products or services as listed in the price pages, approved by the
Office of Procurement Services, may be purchased from this State Term Schedule. Any vendors, prices, terms, conditions,
products or services not listed in the approved price sheets are outside the scope of this schedule.
All General Distribution Contracts (GDC), Limited Distribution Contracts (LDC), Multiple
MANDATORY USE CONTRACTS:
Award Contracts (MAC), and Request For Proposals (RFP) take precedence over this State Term Schedule (STS). This STS
is only for govermmental entities without a mandatory use contract.
EXCLUDED ITEMS: (State Agencies Only) In accordance with the Ohio Revised Code Sections 5147.07, 4115.31, through
4115.35, 5119.16 and 3304.28 through 3304.33 state agencies are required to purchase through Ohio Penal Industries (OP!);
Community Rehabilitation Programs (CRP); Department of Mental Health (ODMH) Office of Support Services (Central

Warehouse and Pharmacy Services); and Rehabilitation Services Commission (RSC).

State agencies must obtain a waiver

from OPI, CRP, DMH Central Warehouse or Pharmacy Services, and/or RSC to procure from this schedule.

THE STATE OF OHIO INCLUDING BUT NOT LIMITED TO ITS AGENCIES, BOARDS,
SPECIAL NOTE:
STATE
SCHOOLS,
STATE VOCATIONAL
UNIVERSITIES,
STATE
DEPARTMENTS,
COMMISSIONS,
COMMUNITY COLLEGES OF OHIO, AND ANY ENTITY AUTHORIZED BY LAW TO USE THIS STATE TERM
SCHEDULE (THE "STATE") IS NOT OBLIGATED TO PROCURE ANY PRODUCTS OR SERVICES FROM
THIS STATE TERM SCHEDULE. THIS TERM SCHEDULE SHALL NOT BE CONSTRUED TO PREVENT THE
STATE FROM PURCHASING PRODUCTS OR SERVICES USING OTHER PROCUREMENT METHODS AS
AUTHORIZED BY LAW.

NOTICE TO CONTRACTOR/VENDOR:
with

current

information.

All

updates

Itis the responsibility of the contractor’s contact to maintain this State Term Schedule
i.e., telephone

numbers

contact names,

email

addresses,

tax

identification

number,

prices, and catalogs etc., are required to be processed through the formal amendment authorization process which is initiated
by way of a written request from the contractor's contact

CONTRACTOR

CONTRACTOR:
79882
CNH America
Case Construction Equipment
,
621 State Street
Racine, WI 53402

CONTRACTOR'S CONTACT:
Mr. Cory Joubert
Email: cory [email protected]
Telephone: (262) 636-6621
Web:

www.casece.com

TERMS:

INDEX

Net 30 Days

DELIVERY:

30-60 Days A.R.O.

FOB Destination:

freight prepaid

CONTRACTOR'S USAGE AND REVENUE SHARE CONTACT:
Mr. Cory Joubert
Email: [email protected]
Telephone: (262) 636-6621
Web:

www.casece.com

Rev. 10/01/07 _
Page 3

BASIC ORDER

LIMITATIONS

Minimum:

$25.00

Maximum:

$150,000.00 - Agencies should contact Procurement Services when they expect to exceed the Maximum Order
Limitation.

Rate Schedule:

Current Price List dated April 1, 2007

Please Note: Unless expressly stated within the body of the Contract, all Contract Terms and Conditions shall prevail over any
terms stated in the contractor catalogs and pricelists.
Model #
Loader Backhoe
580M
580MT
580SM
580SM +
590SM

% Off List
40%
42%
42%
42%
42%

Tractor Loader

570M XT

30%

Vertical Forklift

580G
Skid Steer
410/420/430
435/440
445/450/465
420CT/440CT
445CT/450CT

37%
33%
33%
33%
28%
28%

Crawler Dozer

*

550H
650K
750K
850K
1150K
1650K
1850K
Wheel Loader
21E

36%
36%
36%
38%
37%
31%
31%

121E

30%

221E
321E
521D
621E
721E
821E
921E
Crawler Excavator
Cx14
CX27B
CX31B

30%
30%
38%
38%
38%
38%
35%

CX36B

21%

CX50B
CX75/C X80
CX130
CX135
CX160B
CX210B
CX225
CX240B
CX290B

25%
35%
35%
35%
35%
35%
35%
35%
35%

Indicates update to price list, and new model number,

30%

20%
20%
20%

effective with all orders issued on or after October 1, 2007.

Southeastern

STS Quote

Quote Prepared For.

Prepared by:

Mr. Scott Flannigan

Michael Gilmartin

City of Oxford

404 Breaden Road

101 East High Street

Monroe, OH 45050

Oxford, OH 45056

(513) 539-9214

Equipment Co., Inc.

January 10, 2008

(513) 539-69 17
(513} 519-6852 Cell
mgilmartin@’southeastern.com
CASE 590SM Tractor Loader Backhoe
Wanranty Information:

One Year Full Mfg Warranty

Delivery Information:

30-60 Days A.R.O.

Index #

Contract #

|STSS15W

ly7sisoosoy,

NIGP Code

21101700

Hem #

Description

879

590 Super M Serles 2

List Price

:2E

‘Loader/Extendahoe

3K

|14X17.5, 1OPR Front Tires

4-L

21X24, 1OPR Rear Tires

$-G

\Cab, ROPS with Heater and Air Conditioning,

Discount %

STS Price
$0.00

$105,934.00

42.00%

$61,441.72

$0.00
$0.00
Left Side Door

Includes | door, defroster, pressurization, door activated dome

$8,943.00

42.00%

$5,186.94

light, 4 front and 4:

$0.00

lights, floor mat, tinted glass, and front & rear wiper & fender extensions
6-D

Suspension (cloth) Seat with arm rests

7-C
8-F

$0.00:
$533.00

42.00%

_

Combination stablizer pads, flip-over

$857.00

42.00%

$497.06.

93" wide, heavy duty long lip {1.3 cu.yd)

$3,095.00

42.00%

$1,795.10:

Includes bolt-on cutting edge with lift eyes

9-RC

Ride Control

9-1B

Tool Box

9-CT

‘Deluxe Cab Package
(Includes Operator Convenience

Package

9-GH

Grid Heater with Dual Batteries

:

$309.14

$0.00

:

:

$1,746.00

42.00%

$180.00!

42.00%

$1,012.68
$104.40

$1,966.00"

42.00%

$1,140.28

$591.00.

42.00%

$342.78

plus delux inferior, 72dba sound level /radio ready)

‘9-HC

900# Front Weight for extendahoe

$436.00

42.00%

$252.88:

9-PC

‘Pilot Controls Includes backhoe/excav ator pattern change switch

$2,328.00

42.00%

$1,350.24.

9-BE

Uni-directional Auxiliary Hydraulics for units with pilot controls, for use with Hammet

$2,893.00

{Includes boom

ILO 440 Ib. standard

$0.00

guards}

42,00%
|

$1 677.94
|

$0.00

9-DP

16" heavy duty (3.60 cu. Ft. heaped capacity}

$1,093.00

42.00%

$633.94

9-DR

18" heavy duty (5.30 cu. Ft. heaped capacity)

$1,160.00

42.00%

$672.80

9-DS

24” (7.70 cu. Ft. heaped capacity)
Parts Addition

$1,287.00

42.00%,

$746.46
$0.00;

ZAEJHD3000

AM-FM/CD Weatherband

Radio

$289.42°

$289.42.

TOTAL STS QUOTE TO CITY OF OXFORD

Trade In 590 Turbo SN# JJG0208092

$77,453.78.

$16,500.00)

|

$16,500.00;

Prior authorization and review required from state of Ohio prior to purchase

“Prices Subject To Change

Total STS Price —-$40.953.78:
www.southeasternequip.com

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Service Department
Originating Department

City Council Meeting of: February 19, 2008
Account Code #:

Michael B. Dreisbach
Prepared By

Multiple (defined below)

Budgeted Amount:_$114.000.00

February 8, 2008
Date Prepared

Agenda Title:

Purchase of Replacement Wheel Loader for the Service Department

Recommendation:

Approve

Discussion:
The 2008 Capital Equipment Budget includes $114,000 for the purchase of a replacement rubber tire
wheel loader for use by all divisions of the Service Department. Funding was appropriated in three separate Funds
including the following:

Capital Equipment Fund

141.122.50801

$ 64,000

Water Equipment Fund
Wastewater Equipment Fund

320.811.50803
330.831.50803

25,000
25,000

The City is replacing a 1994 Case loader which staff recommends be traded in for credit against the new purchase.
This machine is used for a variety of purposes including loading deicing materials, managing composting and recycling
operations, as well as for road improvement projects throughout the City.
The State of Ohio (Department of Administrative Services) contract for the purchase of backhoes / loaders (Index No.
STS-515W) includes contract number 7751500807, a Case model 721E machine. The City of Oxford has been
authorized to participate in this Cooperative Purchasing Program administered by the Ohio Department of
Administrative Services. The unit price for this equipment, sold through Southeastern Equipment Co., Inc. is as
follows:
Base vehicle price:
$194,062.00
DAS Discount with State Contract
( 73,743.56)
Credit for existing loader trade-in
( 35,000.00)
Optional suspension, safety & environmental packages
31,357.50
Total price:

$ 116,675.94

The total price for this machine exceeds the budgeted amount of $114,000. With passage of this Resolution, staff will
request the City Manager and Finance Director to transfer $2,675.94 from the Water Fund’s line item for backhoe
replacement. This line has a surplus of approximately $22,000.
This Resolution will authorize the City Manager to enter into an agreement with Southeastern Equipment Co., Inc. of
Monroe, OH

for the purchase ofa 2008 Case model 721E wheel loader at a cost not to exceed $116,675.94.

Staff’

further recommends Council authorize the City Manager to dispose of a 1994 Case loader by means of trade-in with the
purchase of this machine.

Approved By:

Injtial

Department Head:
City Manager:

Date

EEE \ 2fo/ops
BE.
ad

zy)
o

a

Za

RESOLUTION NO.
A RESOLUTION
AUTHORIZING
THE CITY MANAGER
TO ENTER INTO A
CONTRACT WITH SOUTHEASTERN EQUIPMENT CoO. INC. FOR THE PURCHASE OF
A 2008 CASE MODEL 721E WHEEL LOADER AT STATE CONTRACT PRICING AT A
COST NOT TO EXCEED $116,675.94.
BE IT RESOLVED BY THE
COUNTY, STATE OF OHIO, THAT:

SECTION

1:

COUNCIL

OF

THE

CITY

OF

OXFORD,

BUTLER

Council hereby authorizes the Service Department to purchase a 2008 Case

Model 721E wheel loader at State Contract pricing at a cost not to exceed $116,675.94

and to

dispose of a 1994 Case loader by means of trade-in with the new purchase.
SECTION 2: The City Manager is hereby authorized to enter into a contract with
Southeastern Equipment Co. Inc. for the purchase of a 2008 Case Model 721E wheel loader at State
Contract pricing at a cost not to exceed $116,675.94 and to dispose of a 1994 Case loader by means
of trade-in with the new purchase. Said amount 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:
authorized.

Funds have been appropriated in an amount in excess of the purchase price

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)

$

&Y
aga

Hh

aie

4

Wie,

Index No. STS515W
Rev. 04/01/07

Opis

Page

4

1

STATE OF OHIO
DEPARTMENT OF ADMINISTRATIVE SERVICES
GENERAL SERVICES DIVISION
OFFICE OF PROCUREMENT SERVICES
4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

STATE TERM SCHEDULE:

CONSTRUCTION

STATE AND
SCHEDULE

NUMBER: 7751500807

EQUIPMENT - BACKHOES,
LOCAL GOVERNMENT

BUCKETS,

PLANERS

PRICING SCHEDULE

EFFECTIVE DATES: 04/01/07_

TO 03/31/11

The Department of Administrative Services has completed the evaluation
and analysis of the State Term Schedule (STS)
offering submitted by the Contractor as listed herein. The Contractor listed
herein has been determined to provide competitive,
economical and reasonable pricing for the items contained in their offer.
The respective offer, including the Standard Contract
Terms & Conditions, any proposal amendment, special contract terms & conditions,
specifications, pricing schedules and any
attachments incorporated by reference and accepted by DAS become a part of
this State Term Schedule.
This State Term Schedule is effective beginning and ending on the dates
noted above unless, prior to the expiration date, the
Schedule is renewed, terminated, or cancelled in accordance with
the Standard Contract Terms and Conditions dated
10/25/06.
This State Term Schedule is available to all state agencies, state institution
s of higher education and political subdivisions
properly registered as members of the Cooperative Purchasing Program
of the Department of Administration Services, as
applicable.

Agencies are eligible to make purchases of the supplies and/or services
in any amount and at any time as determined by the
\ agency (see maximum order limit). The State makes no representation
or guarantee that agencies will purchase the supplies
) and/or services approved in the State Term Schedule.
State agencies may make purchases under this State Term Schedule
up to $1000.00 using the state of Ohio payment card.
Any purchases that exceed $1000.00 will be made using the official
state of Ohio purchase order (ADM-0523). Any non-state
agency, institution of higher education or Cooperative Purchasing member
will use forms applicable to their respective agency.
Questions regarding this and/or the State Term Schedule may be directed to:
Janice Fitzpatrick, CPPB

janice [email protected]

This State Term Schedule and any Amendments thereto are available from
the DAS website at the following address:

http:/Avww.ohio.gov/procure

Signed:

Carol Nolan Drake, Acting Director

Date

Index No. STS515W
Rev. 04/01/07
Page 2

in the price pages, approved by the
APPROVED PRODUCTS/SERVICES: Only those vendors, products or services as listed
prices, terms, conditions,
Office of Procurement Services, may be purchased from this State Term Schedule. Any vendors,
products or services not listed in the approved

price sheets are outside the scope of this schedule.

All General Distribution Contracts (GDC), Limited Distribution Contracts (LDC), Multiple
MANDATORY USE CONTRACTS:
Term Schedule (STS). This STS
Award Contracts (MAC), and Request For Proposals (RFP) take precedence over this State
is only for govemmental entities without a mandatory use contract.
5147.07, 4115.31, through
EXCLUDED ITEMS: (State Agencies Only) In accordance with the Ohio Revised Code Sections
Penal Industries (OP!);
Ohio
through
purchase
to
required
are
agencies
state
3304.33
through
3304.28
4115.35, 5119.16 and
Services (Central
Support
of
Office
(DMH)
Health
Community Rehabilitation Programs (CRP); Department of Mental
must obtain a waiver
agencies
State
(RSC).
Commission
Services
Rehabilitation
and
Services);
Pharmacy
and
Warehouse
from OPI, CRP, DMH Central Warehouse or Pharmacy Services, and/or RSC to procure from this schedule.
THE STATE OF OHIO INCLUDING BUT NOT LIMITED TO ITS AGENCIES, BOARDS,
SPECIAL NOTE:
STATE
SCHOOLS,
VOCATIONAL
STATE
UNIVERSITIES,
STATE
DEPARTMENTS,
COMMISSIONS,
COMMUNITY COLLEGES OF OHIO, AND ANY ENTITY AUTHORIZED BY LAW TO USE THIS STATE TERM
FROM
SCHEDULE (THE "STATE") IS NOT OBLIGATED TO PROCURE ANY PRODUCTS OR SERVICES
THE
THIS STATE TERM SCHEDULE. THIS TERM SCHEDULE SHALL NOT BE CONSTRUED TO PREVENT
AS
METHODS
T
PROCUREMEN
OTHER
USING
SERVICES
OR
PRODUCTS
PURCHASING
FROM
STATE
AUTHORIZED BY LAW.
itis the responsibility of the contractor's contact to maintain this State Term Schedule
NOTICE TO CONTRACTOR/VENDOR:
number,
All updates i.e., telephone numbers contact names, email addresses, tax identification
with current information.

which is initiated
prices, and catalogs etc., are required to be processed through the formal amendment authorization process
contact.
contractor's
the
from
by way of a written request

CONTRACTOR INDEX
CONTRACTOR:

79882
CNH America
Case Construction Equipment
621 State Street
Racine, Wi 53402
CONTRACTOR'S CONTACT:
Mr, Cory Joubert
)
ov oe
Email:
Telephone: (262) 636-6621

Web: sins cas

TERMS:

Net 30 Days

DELIVERY:

30-60 Days A.R.O.

FOB Destination:

freight prepaid

CONTRACTOR'S USAGE AND REVENUE
Mr. Cory Joubert
AG tae
:
Email:
Telephone: (262) 636-6621
vets t ot
Web: vow

SHARE

CONTACT:

Index No. STS515
Rev. 10/01/07
Page 3
BASIC ORDER
inimum:

Maximum:

*

$25.00

$150,000.00 - Agencies should contact Procurement Services when they expect to exceed the Maximum
Limitation.

Rate Schedule:
Please

Note:

LIMITATIONS

©:
Untess expressly stated within the body of the Contract,

all Contract Terms

and Conditions shall prevail over any

terms stated in the contractor catalogs and pricelists.
Model #

% Off List

Loader Backhoe

580M
580MT
580SM
580SM +
590SM

40%
42%
42%
42%
42%

Tractor Loader

570M XT
Vertical Forklift
580G
Skid Steer
410/420/430
435/440
445/450/465
420CT/440CT
445CT/450CT

30%
37%
33%
33%
33%
28%
28%

Crawler Dozer

4

550H
650K
750K
850K
1150K
1650K
1850K
Vvheel Loader
21E
121E
221E
321E
521D
621E
721E
821E
921E

36%
36%
36%
38%
37%
31%
31%
30%
30%
30%
30%
38%
38%
38%
38%
35%

Crawler Excavator

Cx14
CX27B
CX31B
CX36B
CX50B
CX75/C X80
CX130
CX135
CX160B
CX210B
CX225
CX240B
CX290B
ta

Order

20%
20%
20%
21%
25%
35%
35%
35%
35%
35%
35%
35%
35%

‘ndicates update to price list; and new model*number, effective with all orders issued on or after October 1, 2007.

CASE

721E

9 721E ARTICULATED WHEEL LOADER
STANDARD FEATURES
e ENGINE:
Case Family IV 667TA/EED
Automatic Mode
Displacement: 409 cu. in. (6.7 L)
Peak Gross Power
- Max Power: 195 Hp (145 kW) @ 2000 RPM
- Standard Power: 182 Hp (136 kW) @ 1900 RPM
- Economy Power: 157 Hp (117 kW) @ 1500 RPM
Air-to-air aftercooler
Anti-freeze solution -34°F (-37°C)
Fuel Tank: 65 gal. U.S. (246 L)
Air cleaner - 2 stage with radial seal elements
Hydraulicatly driven fan with guard
rail electronic fuel injector

DRIVE TRAIN:
AXLES:
Limited slip differentials - front and rear
Maintenance free driveshafts and axle dipsticks
TRANSMISSION:
Speeds: 4F-3R
Computer controlled, full power,
proportional shifting
Single lever electronic shift control on steering
column
FNR shuttle shift on hydraulic controller
Programmable gear selection
Selectable fully-automatic and
manual modes
Electronic transmission disconnect
On-board diagnostics with fault code
storage and retrieval
spin-on oil filter

HYDRAULICS:
Pressure compensated, load sensing hydraulics
Two vertically mounted, spin-on oil filters
Hydraulic diagnostic quick couplers
O-ring face seal hydraulic fittings
Full-flow oft cooler
Cushioned steering cylinders
e OPERATOR PROTECTIVE STRUCTURE:
Cab with ROPS and Heater
Front wipers
Suspension seat, with 2" (50 mm) seat belt
Storage tray, cup holder
Tilt-steering wheel with integral steering knob
Fully adjustable wrist rest
Lockable storage compartment
Cool box
Front sunscreen
Exterior rearview miorrors
(1) Interior mirror

Printed in USA

LOADER SYSTEM:
Automatic return-to-dig, automatic height control and
automatic return-to-travel
Position indicator on bucket
Single lever / two spool loader control
Z-bar loader linkage - standard version
Single piece, flame cut, loader arms

Ground level lubrication points

Mid-mounted cooling module
Auto idle control

Single, vertically mounted,

Parking brake; switch actuated, spring applied,

hydraulic release
Separate front and rear brake systems
Single brake pedal

INSTRUMENTATION:
Electronic Information Center
(Standard on both Cab and Canopy versions)
Digita! Display of:
1. Tachometer
2. Speedometer

3. Gear selected
4. Trans Mode (auto/man)
5. Time
6. Trans direction
Analog Gauges for:
1.Trans. Oil Temp.
2. Hyd. Oil Temp.
3. Fuel Level
4. Engine Coolant Temp.
Indicator Lights for:
. Master warning (yellow)
. Master warning (red)

OQONAHRWN

Cammon

BRAKES:
4-Wheel, outboard mounted, wet disc hydraulic brakes

. Turn signals

. Steering pressure (low)
. Low fuel
Brake pressure
High beam
. Grid heater
. Parking brake

ELECTRICAL:
24 volt system
Two heavy duty 12V 700 cold cranking amp (CCA)
batteries
Halogen lights:
2 front flood (top mtd.)
2 front driving (hi/lo beam)
2 rear flood (top mtd.)
2 stop/tail lights
Front and rear turn signals and flashers
Alternator: 65 amp
Electrical disconnect switch
Horn
Backup alarm
Electric Hood

CE-29

PL-200 CE R41 16-OCT-06

721E

CASE
@f21E ARTICULATED WHEEL LOADER
STANDARD FEATURES
OTHER BASIC EQUIPMENT:
Articulation and loader lift arm locking bars
Standard counterweight
Drawbar hitch (pins not included)
Front and rear fenders
Remote drain points
Front and rear lift and tie down points

PL-200 CE R41 16-OCT-06

CE-30

Printed in USA

iw

| Equipment Co., Inc.
January 2, 2008

Quote Prepared For:

Prepared by:

Mr. Eric Keebler

Michael Gilmartin

City of Oxford

404 Breaden Road

101 East High Street

Monae,

Oxford, OH 45056

(513} 539-9214

OH

45050

(513) 539-6917

(513) 519-6852 Cell
[email protected]

CASE 721E XT Wheel Loader
Warranty tnformation:

One Year Full Mfg Warranty

Delivery Inlormation:

30-60 Days ARO.
NIGP Code

Index #

Contract #

STSS15W

7751500807

Item #

Description

Ull

721E Articulated Wheel Loader

21101700

List Price

$0.00

2-CA

Parallel Loader Arm Linkage (XT}

3-CA

Axles with limited slip differentials (45% Blas} - Front and Rear

4-CA

Cooling System: INCLUDES hydraulic oil cooler, reversing and variable speed fan

5-AA

Standard Noise Suppression Package

6&-DA

Cab with ROPS;

STS Price

Discount %

INCLUDES Alr Conditioner AND Heater

$194,062.00

38.00%

$120,318.44

$695.00

38.00%

$430.90

$5,200.00

38.00%

$3,224.00

$0.00

$0.00

In addition to standard features, the cab provides sound suppresion insulation, rub

$0.00

mat, front intermittent windshield washers, anti-glare front window strip with Case

$0.00

inside rearview mirror. West coast mirrors, dome light, fully tittered positive cab pre

$0.00

provided by 3 - speed blower fan, and partially/fully opening cab side windows [c

$0,00

7-AA

Steering System; Does NOT include secondary steering system

8-FA

3 - spool valve with joystick and 1

- single axis control lever

$0.00
$1,685.00

$1,044.70

38.00%

$0.00

Joystick controls loader lift arms and bucket, single axis controls auxiliary hydrautic
(Includes hydraulic lines to lift arm cross tube)

$0.00

9-RA

Air suspension, cloth covered seat w/ 2" seatbelt

$350.00

38.00%

$217.00

10-CA

L.H. and R.H. steps with front and rear standard width fenders

$353.00

38.00%

$218.86

11-EN

English for North America Decals

1.2-BA

20,582512 [3.pcsim) SELOES

13-AG

Coupler and bucket

ACS Pro Series 2000 Size 30HD male master and ACS 3.0 yd g:

$0.00

$4,272.00.

35:00%) —-$ 3082: 64

$20,265.00

38.00%

$12,564.30

$1,114.00

38.00%

$690.68

purpose bucket with cutting edge and skid pads
14-CA

Conterweight, additional

15-BA

No tire brand preference

1,225 Ibs

$0.00

$0.00
$460.66

1S-RS

AM/EM Stereo Radio w/ Weatherband

$743.00

38.00%

15-TB

Tool Box

$250.00

38.00%

$155.00

$3,470.00

38.00%

$2,151.40

15-RC

Ride Control
Provides hydraulic cushioning of loader lift arms.

$0.00

$0.00
$0.00

Prior authroization and review required from State of Ohio prior to purchase
“Prices Subject To Change

Total STS Price

$144,558.58

= 3082, A44
——_,

<1) 475.14

Ded

ot

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Service Department
Originating Department

City Council Meeting of: February 19, 2008
Michael B. Dreisbach

Account Code #:

330.831.50802

Prepared By

Budgeted Amount: $39,500.00

Agenda Title:

February 8, 2008
Date Prepared

Purchase of Tracked Loader for the Wastewater Collection Division

Recommendation:

Approve

Discussion:

The 2008 Capital Equipment Budget includes $39,500 for the purchase of a tracked loader for use by the
Wastewater Collection Division of the Service Department. This machine will be used in routine Treatment
Plant operations as well as in collection system and general construction projects. This machine may also be
utilized as a fork lift loading and unloading supplies.
The State of Ohio (Department of Administrative Services) contract for the purchase of backhoes / loaders
(Index No. STS-515W) includes contract number 7751500107, a Bobcat model T250 rubber track loader.
The City of Oxford has been authorized to participate in this Cooperative Purchasing Program administered
by the Ohio Department of Administrative Services. The unit price for this equipment, sold through Clark
Equipment Co. dba Bobcat Company is as follows:
Discounted base machine price (30% off SLP):
Optional suspension, safety & environmental packages

$ 35,865.00
3,361.00

Total price:

$39,226.00

This Resolution will authorize the City Manager to enter into an agreement with Clark Equipment, dba
Bobcat Company of Chicago, IL for the purchase of a 2008 Bobcat model 250T tracked loader at a cost not
to exceed $39,226.00.

Approved By:
Department Head:
City Manager:

RESOLUTION NO.
A RESOLUTION
AUTHORIZING THE CITY MANAGER
TO ENTER INTO A
CONTRACT WITH CLARK EQUIPMENT, DBA BOBCAT COMPANY OF CHIGACO,
IL. FOR THE PURCHASE OF A 2008 BOBCAT MODEL 250T TRACKED LOADER AT
STATE CONTRACT PRICING AT A COST NOT TO EXCEED $39,226.00
BE IT RESOLVED BY THE
COUNTY, STATE OF OHIO, THAT:

COUNCIL

OF

THE

CITY

OF

OXFORD,

BUTLER

SECTION 1: Council hereby authorizes the Service Department to purchase a 2008 Bobcat
Model 250T tracked loader at State Contract pricing at a cost not to exceed $39,226.00.
SECTION 2: The City Manager is hereby authorized to enter into a contract with Clark
Equipment, DBA Bobcat Company of Chicago, IL. for the purchase of a 2008 Bobcat Model 250T
tracked loader at State Contract pricing at a cost not to exceed $39,226.00. Said amount 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:
authorized.

Funds have been appropriated in an amount in excess of the purchase price

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)

Index No. STS515W
Rev. 07/01/06
Page 1

8
()

STATE OF OHIO
DEPARTMENT OF ADMINISTRATIVE SERVICES
GENERAL SERVICES DIVISION
OFFICE OF STATE PURCHASING
4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

STATE TERM SCHEDULE: HEAVY CONSTRUCTION EQUIPMENT, LOADERS, EXCAVATORS, UTILITY VEHICLES
STATE AND LOCAL GOVERNMENT PRICING SCHEDULE
SCHEDULE NUMBER: 7751500107

EFFECTIVE DATES: 07/01/06 TO 06/30/10

The Department of Administrative Services has completed the evaluation and analysis of the State Term Schedule (STS)
offering submitted by the Contractor as listed herein. The Contractor listed herein has been determined to provide competitive,
economical and reasonable pricing for the items contained in their offer. The respective offer, including the Standard Contract
Terms & Conditions, any proposal amendment, special contract terms & conditions, specifications, pricing schedules and any
attachments incorporated by reference and accepted by DAS become a part of this State Term Schedule.
This State Term Schedule is effective beginning and ending on the dates noted above unless, prior to the expiration date, the
Schedule is renewed, terminated, or cancelled in accordance with the Standard Contract Terms and Conditions dated
03/24/06.
This State Term Schedule is available to ail state agencies, state institutions of higher education and political subdivisions
properly registered as members of the Cooperative Purchasing Program of the Department of Administration Services, as
applicable.
Agencies are eligible to make purchases of the supplies and/or services in any amount and at any time as determined by the
agency (see maximum order limit). The State makes no representation or guarantee that agencies will purchase the supplies
and/or services approved in the State Term Schedule.
State agencies may make purchases under this State Term Schedule up to $1000.00 using the state of Ohio payment card.
Any purchases that exceed $1000.00 will be made using the official state of Ohio purchase order (ADM-0523).
Any non-state
agency, institution of higher education or Cooperative Purchasing member will use forms applicable to their respective agency.
Questions regarding this and/or the State Term Schedule may be directed to:
Janice Fitzpatrick, CPPB
janice. [email protected]
This State Term Schedule and any Amendments thereto are available from the DAS website at the following address:

http://www.ohio.gov/procure

Signed:
Carol Nolan Drake, Director

Date

Index No, 515W
Rev. 07/01/06
Page 2

APPROVED PRODUCTS/SERVICES: Only those vendors, products or services as listed in the price pages, approved by the
Any vendors, prices, terms, conditions,
Office of State Purchasing, may be purchased from this State Term Schedule.
products or services not listed in the approved price sheets are outside the scope of this schedule.
All General Distribution Contracts (GDC), Limited Distribution Contracts (LDC), Multiple
MANDATORY USE CONTRACTS:
Award Contracts (MAC), and Request For Proposals (RFP) take precedence over this State Term Schedule (STS). This STS
is only for governmental entities without a mandatory use contract.
EXCLUDED ITEMS: (State Agencies Only) In accordance with the Ohio Revised Code Sections 5147.07, 4115.31, through
4115.35, 5119.16 and 3304.28 through 3304.33 state agencies are required to purchase through Ohio Penal Industries (OPI),
Community Rehabilitation Programs (CRP); Department of Mental Health (DMH) Office of Support Services (Central
Warehouse and Pharmacy Services); and Rehabilitation Services Commission (RSC). State agencies must obtain a waiver
from OP!, CRP, DMH Central Warehouse or Pharmacy Services, and/or RSC to procure from this schedule.

SPECIAL NOTE:
THE STATE OF OHIO INCLUDING BUT NOT LIMITED TO ITS AGENCIES, BOARDS,
STATE UNIVERSITIES, STATE VOCATIONAL SCHOOLS, STATE
DEPARTMENTS,
COMMISSIONS,
COMMUNITY COLLEGES OF OHIO, AND ANY ENTITY AUTHORIZED BY LAW TO USE THIS STATE TERM
SCHEDULE (THE "STATE") IS NOT OBLIGATED TO PROCURE ANY PRODUCTS OR SERVICES FROM
THIS STATE TERM SCHEDULE. THIS TERM SCHEDULE SHALL NOT BE CONSTRUED TO PREVENT THE
STATE FROM PURCHASING PRODUCTS OR SERVICES USING OTHER PROCUREMENT METHODS AS
AUTHORIZED BY LAW.
NOTICE TO CONTRACTOR/VENDOR: It is the responsibility of the contractor's contact to maintain this State Term Schedule
All updates i.¢., telephone numbers contact names, email addresses, tax identification number,
with current information.
prices, and catalogs etc., are required to be processed through the formal amendment authorization process which is initiated
by way of a written request from the contractor's contact.

CONTRACTOR
CONTRACTOR:
132030
Bobcat Company

INDEX

TERMS:

Net 30 Days

DELIVERY:

250 East Beaton Drive
PO Box 6000
West Fargo, ND 58078

30-60 Days A.R.O.

FOB Destination:

CONTRACTOR'S CONTACT:
Mr, Jim Christensen
Email: [email protected]
Telephone: (701) 241-8746
Fax: (701) 241-8704
Web: www.bobcat.com

freight prepaid

CONTRACTOR'S MIS/IT CONTACT:
Ms. Crystal Stram
Email: [email protected]
Telephone: (701) 241-8719
Fax: (701) 241-8704
Web: www.bobcat.com

CONTRACTOR'S USAGE AND REVENUE
Ms. Crystal Stram
Email: crystal [email protected]
Telephone: (701) 241-8719
Fax: (701) 241-8704
Web: www.bobcat.com

SHARE

CONTACT:

Index No. STS515W
Rev. 05/04/07
Page 3

BASIC ORDER LIMITATIONS
Minimum:

$250.00

Maximum:

$250,000:00 - Agencies should contact State Purchasing when they expect to exceed the Maximum
Limitation.

Rate Schedule:

Order

Current Price List dated January 2, 2007

Discount Schedule:
All skid steer, tracked, and all wheel steer loaders

% Discount off Suggested List Price

30% off SLP

Including factory installed options and attachments
Mini track loaders
Including factory installed options and attachments

15% off SLP

Compact excavators
Including factory installed options and attachments

30% off SLP

Versahandlers

24% off SLP

Including factory installed options and attachments
Utility work vehicles (Toolcat)
Including factory installed options and attachments

15% off SLP

Utility vehicles (2100, 2200)

20% off SLP

Including factory installed options and attachments
All attachments for the skid steer, tracked, all wheel
Steer loaders, mini track loaders, compact excavators,
Versahandlers, Toolcat work machines and Utility vehicles.

30% off SLP

CONTRACTOR INDEX
P.O.’s To:

Contract ID: 7751500107-2
Vendor ID: 132030
Bobcat Company
250 East Beaton Drive
PO Box 6000
West Fargo, ND 58078

Remit To:
Contract ID:

7751500107-2

Vendor ID: 132030
Bobcat Company
75 Remittance Drive, Ste. 1130
Chicago, IL 60675-1130

Contractor/Dealer Contact:
Mr. Jim Christensen
Email: [email protected]
Telephone: (701) 241-8746
Fax: (701) 241-8704

Web: www bobcat.com

~~,

Item Description:
Loaders, Pneumatic Tires (Bobcat)
Loaders, Crawiers (Bobcat)
Short Wheelbase Vehicle (Bobcat)
Parts and Accessories (Bobcat)
Backhoe/Loader Combination (Bobcat)

Indicates corrected tax identification number

OAKS Category ID:
22000000

effective May 4, 2007.

Service Counties:

All 88 Counties

Index No. STS515W
Rev. 05/04/07
Page 4
SUMMARY

OF AMENDMENTS

Amendment
Number

Revision
Date

oa
Description

3
2

05/04/07
04/20/07

To correct tax identification number to effective May 4, 2007
To indicate updated price list and discount dated January 2, 2007, effective with all

4

41/22106

orders issued on or after April 20, 2007.
To add a new “Remit To” address on page three (3), effective with all orders issued on
or after November 22, 2006.

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Clerk of Council
Originating Department

Council Meeting Of: February

19,

2008
Mary

Ann

Eaton

Account Code No. #: N/A

Prepared By

Budgeted Amount:__N/A

February 11, 2008
Date Prepared
a temporary abatement

Agenda

Title:

A Resolution

authorizing

the Noise Ordinance
No.
2550,
2008 starting at 6:00 P.M.
to

Section
509.09,
Saturday,
April

A.M.

Campus

at

Society

Cook

Field

on

Relay

for

Life.

Miami’s

for

the

on
5,

Friday,
2008 at

American

of

April
3:00

4,

Cancer

Recommendation:

Discussion:

for

Life

This

which

request

is

to

raise

is

for

the

money

for

American

the

Cancer

American

The walk will take place on Miami’s
Cook Field.
Council approved the Noise Abatement
until
3:00

Approved

Society

Cancer

Relay

Society.

Last
a.m.

year

Initial

Date

By:

Department

Head:

City

Attorney:

City

Manager:

\

Mi
\

\Yur
P

;

RESOLUTION NO.

A RESOLUTION AUTHORIZING A TEMPORARY ABATEMENT OF THE NOISE
ORDINANCE NO. 2550, SECTION 509.09, ON FRIDAY, APRIL 4, 2008 STARTING AT
6:00 P.M. TO SATURDAY, APRIL 5, 2008 AT 3:00 A.M. AT COOK FIELD ON MIAMI’S
CAMPUS FOR THE AMERICAN CANCER SOCIETY RELAY FOR LIFE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OXFORD, BUTLER
COUNTY, STATE OF OHIO, THAT:

SECTION 1: The City Manager and Police Chief recommend a temporary abatement of
the Noise Ordinance No. 2550, Section 509.09, for the American Cancer Society Relay for Life
on Friday, April 4, 2008 starting at 6:00 p.m. to Saturday, April 5, 2008 at 3:00 a.m. at Cook
Field on Miami’s campus in accordance with the provision in the Noise Ordinance No. 2550,
Section 509.11 Exceptions to Noise Restrictions, Section G: “Noises resulting from authorized
public activities such as parades, fireworks, sports events, musical productions and other
activities which have the approval of the City of Oxford, Ohio.”
SECTION 2: Council having reviewed the recommendation and finding this to be a
community event hereby authorizes the City Manager to issue a temporary abatement of the
Noise Ordinance.
SECTION 3: The City Manager is hereby authorized to approve a temporary abatement
of the Noise Ordinance No. 2550 Section 509.09 for the American Cancer Society Relay for Life
on Friday, April 4, 2008 starting at 6:00 p.m. to Saturday, April 5, 2008 at 3:00 a.m. at Cook
Field on Miami’s Campus.

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
NOTSZ

EVENT

ABATEMENT

APPLICATION

INFORMATION:

DATE

REQUESTED

FOR NOISE

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Keen

a.m.
p.m.

Se
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FROM:

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NUMBER OF PEOPLE EXPECTED TO ATTEND:
OPEN TO PUBLIC
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BE

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read and understand the rules, conditions and laws applicable to the
of the noise ordinances, and understand that acceptance of them is a

condition

the

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subject

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approval.

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and

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alcohol

is

free.

O2-O4- 06

nen

TO:

City Council

FROM:

Student Community Relations Committee

RE:

Noise Abatements Requests for Spring 2008

DATE:

February 11, 2008

Three noise abatements requests were submitted to SCRC for activities this Spring.
These are the same events that have been approved for abatements in the past few years.
SCRC agreed that these events are worry of Council’s consideration for extensions of the
noise limits. We pass them on with SCRC’s endorsement.
The organizers of these events have been informed that it would be helpful if they had a

representative be available at the February 19, 2008 City Council meeting to answer any
questions that Council members have about their event and/or the abatement request
1. 04/04-05/2008

Relay for Life

6 pm — 3 am (04/05/08)

Cook Field—event runs from 6 pm on 04/04/08 until ipm on 04/05/08

2007: 04/13 - 04/14, 6 pm—3 am
2006:

03/31 - 04/01, 11 pm —2 am

2. 04/25/2008
Shriver Patio

After Dark

2007:

04/20, 8 pm —2 am (04/21)

2006:

04/21, 9 pm— 1am

10 pm — 1 am (04/26/07)

3. 05/09/2008
Red Brick RASTA = 8 pm — 2:30 am (05/10/08)
High St. between Main St. and Poplar St.
2007: 05/04, 5 pm — 2:30 am (05/05)

2006: 05/06, 7 pm — 1:30 am (05/07)

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Clerk

of

Council

Originating Department
Council Meeting Of: February

19,

2008
Mary

Ann

Eaton

Account Code No. #: N/A

Prepared By

Budgeted Amount:__N/A

February

Agenda Title:

A Resolution

authorizing

the Noise ordinance No.
2550,
Section
25,
2008
from 10:00
P.M.
to 1:00 A.M.
Center on Miami’s
Campus
for an After

11,

2008

Date Prepared
a temporary abatement

of

509.09,
on Friday,
April
on the patio at Shriver
Dark Carnival.

Recommendation:

Discussion:

annual

party

This

on

request

the

patio

community members
are
Noise Abatement
until

Approved

is

for

the

(behind

invited.
Last
2:00 a.m.

After

Dark

Shriver).
year

organization’s

Miami

Council

students
approved

and
the

By:
Initial

Department Head:
City Attorney:
City Manager:

Date

\
\
a

WE

il

RESOLUTION NO.

A RESOLUTION AUTHORIZING A TEMPORARY ABATEMENT OF THE NOISE
ORDINANCE NO. 2550, SECTION 509.09, ON FRIDAY, APRIL 25, 2008 FROM 10:00 P.M.
TO 1:00 A.M. ON THE PATIO AT SHRIVER CENTER ON MIAMI’S CAMPUS FOR AN
AFTER DARK CARNIVAL.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OXFORD, BUTLER
COUNTY, STATE OF OHIO, THAT:
SECTION 1: The City Manager and Police Chief recommend a temporary abatement of
the Noise Ordinance No. 2550, Section 509.09, for the After Dark Carnival on Friday, April 25,

2008 from 10:00 P.M. to 1:00 A.M. on the patio at Shriver Center on Miami’s campus in
accordance with the provision in the Noise Ordinance No. 2550, Section 509.11 Exceptions to

Noise Restrictions, Section G: “Noises resulting from authorized public activities such as
parades, fireworks, sports events, musical productions and other activities which have the

approval of the City of Oxford, Ohio.”
SECTION 2: Council having reviewed the recommendation and finding this to be a
community event hereby authorizes the City Manager to issue a temporary abatement of the
Noise Ordinance.
SECTION 3: The City Manager is hereby authorized to approve a temporary abatement
of the Noise Ordinance No. 2550 Section 509.09 for the After Dark Carnival on Friday, April 25,
2008 from 10:00 P.M. to 1:00 A.M. on the patio at Shriver Center on Miami’s Campus.

SECTION 4:

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

MAYOR
ADOPTED:
ATTEST:

CLERK OF OXFORD CITY COUNCIL
INTRODUCED BY: PRUE DANA
PREPARED BY: LAW (STAFF)

CIty

EVENT

INZTORMATION:

DATE

REQUESTED FOR
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= MIAMI
ed UNIVERSITY
TO:

City Council

FROM:

Studeat Community Relations Committee

RE:

Noise Abatements Requests for Spring 2908

DATE:

February 11, 20038

Three noise abatements requests were submitted to SCRC for activities this Spring.
These are the same events that have been approved for abatements in the past few years.
SCRC agreed that these events are worry of Council’s consideration for extensions of the
noise limits. We pass them on with SCRC’s endorsement.
The organizers of these events have been informed that it would be helpful if they had a
representative be available at the February 19, 2008 City Council meeting to answer any
questions that Council members have about their event and/or the abatement request.
1. 04/04-05/2008

elay for Life

6 pm — 3 am (04/05/08)

Cook Field—event runs from 6 pm on 04/04/08 until 1pm on 04/05/08

2007: 04/13 - 04/14, 6 pm —3 am

2006: 03/31 - 04/01, 11 pm—2 am
2. 04/25/2008
Shriver Patio
2007:

After Dark

10 pm — 1 am (04/26/07)

04/20, 8 pm -2 am (04/21)

2006: 04/21,9 pm—1 am
3. 05/09/2008
Red Brick RASTA = 8 pm — 2:30 am (05/10/08)
High St. between Main St. and Poplar St.
2007: 05/04, 5 pm
— 2:30 am (05/05)
2006: 05/06, 7 pm — 1:30 am (05/07)

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Clerk of Council
Originating Department

Council Meeting Of: February

19,

2008
Mary

Ann

Eaton

Account Code No. #:_N/A

Prepared By

Budgeted Amount:__

February

Agenda

Title:

N/A

A Resolution

the Noise Ordinance
2008
from 8:00 P.M.
Brick Rasta.

authorizing

11,

2008

Date Prepared
a temporary abatement

No.
2550,
Section 509.09,
on Friday,
to 2:30 A.M.
in the Uptown
Parks
for

of

May
the

9,
Red

Recommendation:

Discussion:
This request
is
is held in the Uptown
Parks
Last year the Resolution
end at 2:30 a.m.

Approved

for
and

was

the annual
is open to

approved

for

Red
the
the

Brick Rasta
community.
Noise

which

Abatement

to

By:
Initial

Department Head:
City Attorney:

City

Manager:

Date

\
\

PLE

WAI EV
aA
€

RESOLUTION NO.

A RESOLUTION AUTHORIZING A TEMPORARY ABATEMENT OF THE NOISE
ORDINANCE NO. 2550, SECTION 509.09, ON FRIDAY, MAY 9, 2008 FROM 8:00 P.M. TO
2:30 A.M. IN THE UPTOWN PARKS FOR THE RED BRICK RASTA.
BEIT RESOLVED BY THE COUNCIL OF THE CITY OF OXFORD, BUTLER
COUNTY, STATE OF OHIO, THAT:

SECTION 1: The City Manager and Police Chief recommend a temporary abatement of
the Noise Ordinance No. 2550, Section 509.09, for the Red Brick Rasta on Friday, May 9, 2008

from 8:00 P.M. to 2:30 A.M. in the Uptown Parks in accordance with the provision in the Noise

Ordinance No. 2550, Section 509.11 Exceptions to Noise Restrictions, Section G: “Noises
resulting from authorized public activities such as parades, fireworks, sports events, musical

productions and other activities which have the approval of the City of Oxford, Ohio.”
SECTION 2: Council having reviewed the recommendation and finding this to be a
community event hereby authorizes the City Manager to issue a temporary abatement of the
Noise Ordinance.

SECTION 3:

The City Manager is hereby authorized to approve a temporary abatement

of the Noise Ordinance No. 2550 Section 509.09 for the Red Brick Rasta on Friday, May 9, 2008
from 8:00 P.M. to 2:30 A.M. in the Uptown Parks.
SECTION 4:

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

MAYOR
ADOPTED:
ATTEST:

CLERK OF OXFORD CITY COUNCIL
INTRODUCED BY: PRUE DANA
PREPARED BY: LAW (STAFF)

CITY OF OXFORD
ABATEMENT APPLICATION

NOISE
EVENT

INFORMATION:

DATE

REQUESTED

FROM:

4

Ped

Brick

FOR NOISE

<

LOCATION

ea

MENT

a.m.

em

Ce

TO:

Hi

Mau

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of paperwork

showing

yo

>

Baste

(attach

copies

approval

to use

site);

UI +9

AW

RA

NUMBER OF PEOPLE EXPECTED TO ATTEND: — |, (WO)

OPEN TO PUBLIC
ALCOHOL

:

yes >

AVAILABLE

YES

:

°

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> ;

Full Ligatn sounn “erin “trite
ry

chal wi be avail "as WELT “as Eel

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ONITORING

APPLICANT

NAME

ORGANIZATION

OF ORGANIZATION:

aoress: S74
Is this

INFORMATION:

ASt

Swvivey Cewhey

a registered

INDIVIDUAL
NAME

PI

student

INFORMATION

OF

CONTACT

PERSON:

oe is

et,

ey

organization

(RESPONSIBLE
ey)

MUST

University? VES

BE OVER

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avoress:_0 Hametteael
CCE

ss

at Miami

yrs.):

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;

om. +: (WG) 347-22

n to De

FEA

ATTACH EXTRA PAGES IF THE SPACE PROVIDED ABOVE
AND ATTACH ANY SUPPLEMENTAL DOCUMENTATION THAT

ete.)?

IS INSUFFICIENT
MAY BE OF

RELEVANCE.
I have
waiver

read and understand the rules, conditions and laws applicable to the
of the noise ordinances, and understand that acceptance of them is a

condition

the subject

of

Applicant’s

approval.

of this

I

hereby

application

signature

certify

that

the

event/activity,

will be open to the public
Date:

which

and alcohol

is

free.

2 MIAM

I
mee UNIVER
SITY

TO:

City Council

FROM:

Student Community Reiations Committee

RE:

Noise Abatements Requests for Spring 2008

DATE:

February 11, 2008

Three noise abatements requests were submitted to SCRC for activities this Spring.
These are the same events that have been approved for abatements in the past few years.
SCRC agreed that these events are worry of Council’s consideration for extensions of the
noise limits. We pass them on with SCRC’s endorsement.
The organizers of these events have been informed that it would be helpful if they had a

representative be available at the February 19, 2008 City Council meeting to answer any
questions that Council members have about their event and/or the abatement request.
1. 04/04-05/2008

Relay for Life

6 pm — 3 am (04/05/08)

Cook Field—event runs from 6 pm on 04/04/08 until 1pm on 04/05/08

2007: 04/13 - 04/14, 6 pm —3 am
2006:

03/31 - 04/01, 11 pm —2 am

2. 04/25/2008

After Dark

10 pm — 1 am (04/26/07)

Shriver Patio

2007: 04/20, 8 pm —2 am (04/21)
2006: 04/21,9 pm—1lam

3. 05/09/2008
Red Brick RASTA = 8 pm — 2:30 am (05/10/08)
High St. between Main St. and Poplar St.
2007: 05/04, 5 pm — 2:30 am (05/05)
2006: 05/06, 7 pm — 1:30 am (05/07)

CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

Community Development Department
Originating Department

Council Meeting Of: February 19, 2008
Jung-Han Chen

Account Code No. #:

Prepared By

Budgeted Amount:

February 11, 2008
Date Prepared

Agenda Title:

Resolution to establish an Ad Hoc Committee to Study Oxford
Property Maintenance Code Section 404-Occupancy Limitation and
Oxford Zoning Code, specifically Floor Area Ratio in the Uptown
District to Prepare
Recommendations
to City Council
for
Consideration

|Recommendation:

Approval

Discussion:

During the last City Council meeting, Council determined the need to establish an ad hoc committee to review
recent changes to the Oxford Property Maintenance Code, as well as the Uptown Zoning Regulations.
Specifically, Council charged the committee to look into increased bedroom size of the Property Maintenance
Code and the FAR (floor area ratio) calculation in the Uptown district.
Nine members are to be appointed by City Council to serve on this committee; one Council member; one
Planning Commission member; one HAPC member; one property owner; one Uptown business owner; one
architect: one land use attorney; one Miami University student, and one long-term renter. The Community
Development Department will provide staff support to this committee.
The committee will: 1) review the recent changes to understand the reasons for the changes; 2) hear concerns
voiced by property owners; 3) propose options for staff to explore and; 4) present findings for Planning
Commission and City Council’s consideration in a timely manner.

Approved By:

Initial

Department Head:

ghe

Date

| i310

City Attorney:

City Manager:

DF

Tete

RESOLUTION NO.
A RESOLUTION ESTABLISHING THE UPTOWN REVITALIZATION COMMITTEE TO
REVIEW THE ZONING CODE OF THE CITY OF OXFORD, SPECIFICALLY THE FLOOR
AREA RATIO IN THE UPTOWN DISTRICT AND SECTION 404 OF THE PROPERTY
MAINTENANCE CODE FOR THE CITY OF OXFORD.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OXFORD, BUTLER
COUNTY, STATE OF OHIO, THAT:

SECTION 1: Council herewith establishes the Uptown Revitalization Committee to
review the Zoning Code of the City of Oxford and section 404 of the Property Maintenance Code
for the City of Oxford, specifically the floor area ratio in the Uptown District. The Committee

shall be made up of the following nine (9) members, each of who are appointed by City Council:
(A) City Council representative; (B) Planning Commission representative; (C) Historic and

Architectural Preservation Commission representative; (D) Property Owner; (E) Uptown
Business Owner; (F) Architect; (G) Land Use Attorney; (H) Student Renter; and (I) Long-Term
Renter. Staff support shall be provided by the Community Development Department
SECTION 2: The purpose of the Uptown Revitalization Committee shall be to (1)
review and understand the recent changes in the Uptown District; (2) hear concerns voiced by
property owners; (3) propose options for staff to explore; and (4) present findings for the
Planning Commission and City Council to consider in a timely manner.
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: PRUE DANA
PREPARED BY: LAW(STAFF)

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

Service
Originating Department

February 19, 2008
Michael Dreisbach

Account Code #:

141.720.51443

Budgeted Amount:

$1,881,000

Prepared By
February 15, 2008

Date Prepared

Agenda Title:

Settlement of Right of Way Acquisition Case

Recommendation:

Approve

Discussion:

The Ohio Department of Transportation required the City to acquire all necessary right of way for
improvements to US 27 {North} from Locust St. to Melanee Lane / Merry Day Drive. The City settled
the majority of properties, but was forced to acquire some properties though the appropriation process.
Parcel No. 56, 5228 College Corner Pike (aka the former Dairy Queen site), owned by Mydears, Inc., is
a property in which the City and owner have agreed to an appropriate value for the necessary right of
way and easements, and this case may now be settled with the approval of Council.
In this particular case, the owner felt the City’s consultant did not give adequate compensation for the
property and that the use would be diminished in the future. The City conducted additional evaluations
of the property, and both parties have agreed to tentative settlement of this case pending City Council
approval. The City has already deposited funds with the Butler County Clerk of Courts in the amount of
$4,960.
Funds to settle this parcel have been appropriated and are available to settle this matter. It is Staff's
recommendation that Council authorize the City Manager to settle this case and deposit the required
additional funds with the Butler County Clerk of Courts.

Approved By:

im top

HOSP

Department Head:
City Manager:

a

D

a

Date

\__alis/o3by
WYES

RESOLUTION

NO.

A RESOLUTION AUTHORIZING THE CITY MANAGER TO DEPOSIT ADDITIONAL
FUNDS IN THE AMOUNT OF $
WITH THE BUTLER COUNTY CLERK OF
COURTS
FOR THE SETTLEMENT
OF CITY OF OXFORD V. MYDEARS,
INC.,
CASE NO.
CV-2006-01-0135,
FOR A TOTAL SETTLEMENT
OF $
:
BE
COUNTY,

IT RESOLVED BY
STATE OF OHIO,

SECTION
1:
Director to enter
v. MyDears,
Inc.,
SECTION

in

the

2:

amount

The

of

OF

THE

CITY

OF

OXFORD,

Council previously authorized the
into a settlement
agreement
in City
Case No.
CV-2006-01-0135.

reviewed the terms of
and recommend Council
Courts,
claims

THE COUNCIL
THAT:

City

Manager

and

Law

settlement negotiated
authorize the deposit

Director

Law
of Oxford

have

with MyDears,
of additional

$

with

the

Butler

in order
to effectuate
in said
case.

a

full

and

County

fair

BUTLER

Inc.,
funds

Clerk

of

settlement

of

the

SECTION
3:
Council has determined that such settlement
will further the US 27 Roadway
Improvement
project
and will
benefit the citizens
of the City of Oxford,
and hereby accepts
the recommendation
of the City Manager
and Law Director.
SECTION 4:
additional
funds
amount of $

Council
hereby authorizes
the deposit
of
with the Butler County Clerk of Courts
in the
, for a total settlement
in the amount of

$
SECTION 5:
This Resolution
earliest date allowed by law.

shall

VICE
ADOPTED:
ATTEST:

DEPUTY

CLERK

INTRODUCED
PREPARED

BY:
BY:

OF

OXFORD
KEN

CITY

BOGARD

LAW (STAFF)

COUNCIL

take

MAYOR

effect

at

the

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

Community Development Department
Originating Department

February 5, 2008
Jung-Han Chen

Account Code No. #:

Prepared By

Budgeted Amount:

January 25. 2008
Date Prepared

Agenda Title:

PC-01-2008 ZONING CODE TEXT AMENDMENT -— Chapter 1143
Districts Section 1143.10(c) Site Development Regulations

|[Recommendation:

Approve with Modification

|

Discussion:
On November 20, 2007 City Council passed Ordinance 2986 as an emergency adopting regulation to the site
development standards of Chapter 1143 that included the language for the Floor Area Ratio, minimum
dwelling unit sizes and minimum lot area per dwelling unit to the Uptown District as a result of the Charter
Amendment. City Council also voted to remand Ordinance No. 2986, Zoning Code Section 1143.10, to the
Planning Commission to consider any further amendments and changes with due diligence and report back to
City Council within a period not to exceed two months. During the public hearing portion of the City Council
meeting, questions were raised about the literal interpretation of the ratios.
At the January 8, 2008 Planning Commission hearing, the Commission reviewed the following items presented
by staff and the general public;
1.
If outdoor eating areas associated with the first floor occupant counts towards satisfying the
1:1 ratio;

2.
Bn

If amenities to the structure for residential use such as outdoor patios, decks, balconies will
count as satisfying the 2:1 ratio;
Parking on-site and whether it counts towards satisfying the FAR ratio for residential or
commercial component;

4,
5.

Usage of the basement;
Egress and interior circulation areas as well as required gas meters, electrical meters, dumpster
requirements and loading space requirements.

The Planning Commission recommended that parking not be included into either the residential or commercial

ratio because if it were included then the intent to diversify commercial space sizes and dwelling types would
have been compromised.
A minor modification to 1143.10(b)(2) is also recommended to clarify the language.
The Planning Commission voted 6-0-0 to recommend approval as modified and presented herein to City
Council.

Approved By:

Injtial

Department Head:

i

City Attorney:
City Manager:

7

Date

| 1/25/08
|

te?

_

ORDINANCE NO.
ORDINANACE REPEALING ZONING CODE SECTION 1143.10, UPTOWN
DISTRICT, AND ADOPTING NEW SECTION 1143.10, UPTOWN DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OXFORD,
BUTLER COUNTY, OHIO, THAT:

SECTION I: Council hereby finds that the City of Oxford Planning Commission
held a public hearing on January 8, 2008 and that following the public hearing did
deliberate and as a result of that deliberation, the Planning Commission recommended
repealing Oxford Codified Ordinance Section 1143.10, Uptown District, and adopting
new Section 1143.10, Uptown District.
SECTION II: Council hereby repeals Section 1143.10 of the Oxford Code of

Ordinances and adopts new Section 1143.10 as follows:
PC 01.08.2008 Recommendations

a

1143.10 UPTOWN DISTRICT.
(a) Purpose. The purpose of this district is to preserve and encourage the
continued vitality of the City’s historic central business and civic activity area. Selected
uses and regulatory standards are provided to guide development so as to achieve a
mixture of appropriate uses in a functional, aesthetic and pedestrian compatible manner.
(b) Uses.
(1)
Permitted uses.
A. Single-Family, Two-Family, and Three-Family Dwellings on the
second floor or higher.
B. Retail services shall not exceed 10,000 square feet of floor area on
any given floor.
1.
Apparel and jewelry.
a
Bars and establishments serving alcohol.
ot
Books, stationery, newspapers, magazines, office
equipment and office supply stores.
4.
Drugs and pharmaceuticals.
5.
Food products, including groceries, meat, fish, baked
goods, confectionary, and beverages.
Flowers, potted plants, and garden supplies.
7.
Hardware, paint, home furnishings, and other home
improvements products.

8.
9.
10.

Optical aids.
Photography, bicycles, gifts and toys, pets, music, sporting
goods, and other hobby and craft supplies.
Restaurants, not including drive-in.

11.

Other similar establishments engaged in retail trade except
those included as Conditional Uses in subsection (b)(2)
hereof.
C. Personal and professional services shall not exceed 10,000 square
feet of floor area on any given floor.
1.
Accounting, advertising, architectural, auditing,
bookkeeping, legal, and medical offices, and offices for
other similar professional service providers.
2.

Banks, credit agencies, investment firms, real estate,

insurance offices, and other similar establishments engaged
primarily in financial services.
3.
Barber and beauty shops.
4.
Cleaners, including dry cleaning and laundromats.
5.
Home improvement services, including carpentry,
electrical, heating, plumbing, and decorating.
6.
Offices for nonprofit, charitable, labor, and other service
organizations.
7.
Repair establishments for bicycles, household appliances,
locksmiths, shoes, and motor vehicles (if no gasoline is
sold).
8.
Theaters, not including drive-ins.
9.
Other similar personal and professional services, such as
employment agencies, travel bureaus, and ticket offices.
D. Residential uses.
1.
Single-family dwelling, two-family dwellings, and three
family dwellings. Residential uses shall be on the second
floor or above.
E. Accessory buildings incidental to the principal use.
(2)

Conditional uses. The following Conditional Uses are subject to
review and regulation in —
with oes 1147.

A.

Retail services:

Fhat-exeeed

F

1.

ans-siven-fleer:
Any permitted retail use that exceeds 10,000 sq. ft. on
any given floor.

2

Banks with drive-through facilities.

3.
4.

Building supplies, garden supplies.
Temporary or outdoor sales of pee

and garden as

B. Personal and public services: Faatexeeed4+0000-se—£

e

fleeraasy-siven-fleer
1.
Any permitted personal or public service that exceeds
10,000 sq. ft. on any given floor.
2.
Cultural institutions, including libraries, art galleries and

museums.
3.
4.

Hotels and motels.
Places of worship.

5
6.
C.

Funeral homes.

Night clubs, discotheques, and other entertainment
facilities.

Other uses.

1,

on

eo

2.

Single-Family, Two-Family, and Three-Family Dwellings
on the first floor or basement.
Community-Oriented Residential Social Service Facilities

(CORSSF’s).
Shared Housing and Congregate Housing for the elderly.
Government owned and/or operated parks and recreation
facilities.
Bed and breakfast homes.

Publicly owned and operated neighborhood recreation
centers.

Day care facilities, including Day Care for child, Day Care

8.
D.

Center for child, Day Care Home Type A family, and Day
Care Home Type B family.
Schools: primary, intermediate, and secondary, both public
and private.

Sidewalk uses.

1.

This section is intended to provide for active use of private
and public property in the Uptown district for outdoor cafes
and retail sales. A sidewalk use requires a permit, shall be
operated according to the provisions of this section, and is
valid for one year and only for the location, design, and use
approved.
A sidewalk use may include outdoor activity on both
private and public property as follows:
a.
Private property in the front setback area or any
courtyard or other partially enclosed area adjacent
to a right-of-way may be utilized only for
commercial activity related to the principal use on
the first floor of the principal structure.
b.
The public sidewalk and other paved portions of the
right-of-way that are designed and constructed to
accommodate pedestrians may be utilized only for
commercial activity related to the principal use on
the first floor of an immediately adjacent principal
structure.

A sidewalk use permit application shall include a fee of
$50, a scaled site plan, and other information sufficient to
determine compliance with all of the following provisions:
a.
The use may not extend more than five feet into the
right-of-way
b.
The use may not result in less than five feet of
unimpeded sidewalk adjacent to the sidewalk use

(street trees, parking meters, street sign poles, and
the like are impediments)
The adjacent property owner and the operator of the
use have a liability insurance policy that covers
accidents and injuries on the public right-of-wayfor
a minimum of one hundred thousand dollars
($100,000) per person and three hundred thousand
dollars ($300,000) per accident, premiums are fully

c.

paid for the calendar year of the permit, and the
City of Oxford is a named insured upon such
d.

e.

liability policy
The use shall employ only displays, counters,
tables, chairs, umbrellas, and planters that are
moveable
Nothing related to the operation of the use shall be

permanently installed on public or private property
except anchors that do not protrude above the
adjacent sidewalk surface and do not otherwise
create a trip hazard

f.

All materials shall be lightweight and easily

g.

removable
All roofs shall be made of a flame-resistant (per

Ohio Basic Building Code and Ohio Fire Code),

h.

i.
4.

nonstructural material such as treated canvas or
vinyl fabric
All illumination shall be confined within the
perimeter of the use

All partitions shall be transparent 3 feet above the

adjacent sidewalk surface
The City Manager or designee shall require removal of
anything or correction of any condition associated with a
sidewalk use that threatens the public health, safety, or
general welfare and shall revoke an approved permit if its
holder fails to comply with any such order in a timely

manner.
5.

The City Manager shall reinstate a revoked permit if the
holder removes the immediate threat and provides

sufficient proof that the threat will not recur.
6.

If a sidewalk use permit is revoked more than once during

the year that the permit is valid, the permit shall not be
reinstated and a new permit shall not be issued until after
the original expiration date of the revoked permit.
(c) Site Development Regulations. (Unless superseded by Conditional Use
Requirements)
(1)
Lot requirements.

A. Minimum Lot Area:
1. Lots in the Uptown District shall be a minimum of three
thousand (3,000) square feet.
B. Minimum Lot Area per dwelling unit:
1. Efficiency:
300 sq. ft. lot area per unit
2. One-Bedroom:
400 sq. ft. lot area per unit.
3. Two-Bedroom
500 sq. ft. lot area per unit
4. Three-Bedroom
600 sq. ft. lot area per unit
5. Four-Bedroom
700 sq. ft. lot area per unit
(2) Yard requirements.
Front Yard
16.5 feet minimum except
*
On High Street — at least 70
percent of building must meet the
right-of- way line
Rear Yard
none except
*
Adjacent
to a residential
district — 10 minimum.
Side Yard
none except

( )

*
Adjacent
to a residential
district — 6 feet minimum

Structural requirements.
A. Building height:
Minimum — 23 feet and a minimum of 2 stories above

street grade
Maximum — 45 feet and 4 stories maximum above street

grade.
B. Gross Floor Area Ratio:

1.

The maximum permitted gross floor area ratio of a
structure in the Uptown District shall be 3. (Lot area x 3 =
total bldg. sq. ft.)
a. Commercial space shall provide a minimum ratio of 1:1
of the lot area subject to the following:
i.
The basement of a structure may be used
for commercial space, but shall not be
computed into the minimum 1:1 ratio.
ii.
Areas for public infrastructure, public
access and public utility purposes (i.e.
meters, trash collection, loading spaces)
shall be computed into the minimum 1:1
ratio.
iii.
Outdoor eating areas associated with the
first floor occupant, located on the
property and not on the public sidewalk,

2.

shall be computed into the minimum 1:1
ratio.
b. Residential space shall provide a maximum ratio of 2:1
of the lot area subject to the following:
i.
Outdoor patios, decks and balconies for
residential use shall be computed into the
maximum 2:1 ratio.
Parking on-site shall not be computed into the Floor
Area Ratio for the residential or commercial
component.
Ratasls

0006-se—h—o

eee

ansehen

C. Minimum Floor Area per dwelling unit.

1. Efficiency:
2. One-Bedroom
3. Two-Bedroom

600 sq. ft.
800 sq. ft.
1,000 sq. ft.

4. Three-Bedroom
5. Four-Bedroom

1,200 sq. ft.
1,400 sq. ft.

SECTION UI: It is hereby found and determined that all formal actions of this
Council concerning and relating to the adoption of this Ordinance were adopted in an
open meeting of this Council, and that any and all deliberations of this Council and any

of its committees that resulted in such formal action were in meetings open to the public,

in compliance with all legal requirements, including, but not limited to Section 121.22 of
the Ohio Revised Code.
SECTION IV: This Ordinance shall take effect at the earliest time allowed by
law.

MAYOR
ADOPTED:
ATTEST:

DEPUTY CLERK OF OXFORD
INTRODUCED BY:

CITY COUNCIL

RICHARD KEEBLER

PREPARED BY: LAW (STAFF)

Certification of Action

Oxford Planning Commission
Recommendation to City Council
Report Date

February 5, 2008

Case Number

PC-01-2008

Applicant Information

City of Oxford

Requested Action

Zoning Code Text Amendment

Summary of Request

Zoning Code Text Amendments to Chapter 1143 Districts, Section
1143.10(c) Site Development Regulations

Public Hearing
Information

At the January 8, 2008 Planning Commission meeting, a public
hearing was held at 118 West High Street. A legal notice of the
hearing was published in the Oxford Press on December 7, 2008
Amendments were made to the chapter. Please refer to the case
Staff Report and marked changes identified on the UP (Uptown)
District section that are attached for your review.

The Planning Commission voted 6-0-0 to recommend City Council
approve this zoning code text amendment with modifications noted
on the attached UP (Uptown) section.

Commission Findings
and Conclusions

After public hearing and discussion, the Planning Commission voted
to recommend approval of the zoning code text amendment with
modifications.

Exhibits Submitted to
the Commission

Community Development Staff Report dated January 25, 2008.
Proposed language with marked modifications.
Staff Report to Planning Commission dated January 2, 2008.
Zoning Code Text Amendment Application dated November 21,
2007.

Seis

Commission Action

City of Oxford

Community Development Department
STAFF REPORT
Planning Commission
Case # PC-01-2008
APPLICATION
Applicant:
Action Request:

Date — January 2, 2008

City of Oxford
Zoning Text Amendment to Chapter 1143 Districts; Section
1143.10(c) Site Development Regulations

DESCRIPTION
On November 20, 2007 City Council passed Ordinance 2986 as an emergency adopting regulation to the
site development standards of Chapter 1143 that included the language for the Floor Area Ratio,
minimum dwelling unit sizes and minimum lot area per dwelling unit to the Uptown District as a result of
the Charter Amendment. Council also voted to remand Ordinance No. 2986, Zoning Code Section
1143.10, to the Planning Commission to consider any further amendments and changes with due

diligence and report back to City Council within a period not to exceed two months.
The purpose of the amendments to the Uptown District was to diversify commercial space sizes and
dwelling types. During the public hearing portion of the City Council meeting, questions were raised
about the literal interpretation of the ratios. The argument made was that the 100% lot coverage for
commercial activity on the first floor is not realistic because egress and interior circulation areas as well
as required gas meters, electrical meters, dumpster requirements and loading space requirements are not
taken into consideration and could potentially penalize a property owner by forcing them to place remnant
commercial space on the second story. Questions from the general public since the adoption of the

regulations have been made to the Community Development Department asking if commercial space
would be permitted in the basement of a building. Since the basement may only be used for nonresidential purposes, the use of a basement does not conflict with the intent to promote additional
commercial usage on the Uptown lots while controlling residential density.

STAFF ANALYSIS
In order to manage density issues in the Uptown area, it was important to maintain the controlling tools
adopted by City Council. Amendments adopted in November included establishing a minimum lot size
per dwelling unit as a base for density and dependant on the type of dwelling. The number of potential
dwelling units is proportional to the size of the lot. A second ratio was placed in the form of a minimum
gross floor area per dwelling unit. This is a re-introduction of minimum floor area for a dwelling unit that
was part of the zoning ordinance many years ago. The third change introduced the Floor-Area-Ratio
(FAR) concept to regulate the bulk of the structure while providing some flexibility to the design. The
FAR is the ratio between the total gross floor area to the lot size. It compliments other design regulations
to allow for potential variations building heights and bulk. Additionally, the amendment also stipulates a
maximum FAR for residential space and a minimum FAR for commercial space.

PC-01-2008

Page | of2

Additional language has been added to the FAR for clarification exempting required utility details and

public infrastructure from the FAR requirements. Other items the Planning Commission needs to consider
and discuss include:
1.
If outdoor eating areas associated with the first floor occupant counts towards satisfying
the 1:1 ratio;
2.
If amenities to the structure for residential use such as outdoor patios, decks, balconies
will count as satisfying the 2:1 ratio;

ge

Parking on-site shall not count towards
commercial component;

satisfying the FAR

ratio for residential or

4.

Usage of basement. The basement area may be used, however should not be computed
into the FAR if an exception for required infrastructure and utilities is provided in the
text.

With these additional standards and regulations in place, the City would still have better tools to foster

quality commercial and control residential density.
Decision Criteria

Any proposed amendment shall be considered and approved only if it meets at least one of the following
criteria and if its benefits will likely outweigh any potential pitfalls. The proposed amendment will:

a.
b.

Make the Code conform more closely to the Comprehensive Plan.
Improve the public health, safety, and general welfare of Oxford.

c.
d.
e.

Clarify the intent of the Code.
Better implement the intent of the Code.
Improve enforcement of the Code.

RECOMMENDATION
Not Applicable

SUBMI

BY:

adr)

Sale

' Kathryn A. Ddle, AICP

City Planner
Community Development Department
DATE: January 2, 2008

PC-01-2008

Page 2 of2

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NO.

Date filed:

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Zoning Code Text Amendment Application
City of Oxford, Ohio
REQUIRED INFORMATION

Name of Applicant:

Mailing Address:

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Telephone Number(s)

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SUBMISSION REQUIREMENTS
Awritten, detailed description, where applicable, is required for each subsection.

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All applications must include:
A general description of the proposed amendment.
A narrative statement that describes how the proposed amendment relates to the Comprehensive Plan.
A statement that identifies potential negative consequences of the proposed amendment.

Any existing section number and text that is proposed to be deleted or amended.

Any new or amended text as it is proposed to be codified including its proposed location in the Code.
(section numbers)
A narrative statement that describes the expected effects of the proposed text.

A narrative statement that compares the expected effects of the proposed text with any existing text
that it will replace, if a::plicable.

Planning Commission and Council Review

The Planning Commission shall base its recommendation on a proposed

Zoning Code amendment upon the complete application, upon any staff report, and upon any relevant and credible
public comment presented during the public hearing. Council shall base its decision on the same materials and shall
consider the Planning Commission recommendation. If the Planning Commission or Council finds that the information
provided is insufficient to make a determination, it may suspend its review until sufficient information has been
provided.

Decision Standards A proposed amendment shall be approved only if it meets at least one of the following criteria,
and if its benefits will likely outweigh any potential pitfalls. The proposed amendment will:

a.
b.
c.
d
e

Make the Code conform more closely with the Comprehensive Plan.
improve the public health, safety, and general welfare of Oxford.
Clarify the intent of the Code.
better implement the intent of the Code.
improve enforcement of the Code.

All materials and the application fee in the amount of $150.00 payable to the City of Oxford must be delivered to the

office of Community Development, 101 East High Street, Oxford, Ohio 45056. Incomplete applications will not be
processed. Any questions should be directed to the Community Development Department at (513) 524-5204.
NOTE:
Notification and publication requirements must be adhered to. Submit materials 45 days prior to
the proposed meeting date.
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CITY OF OXFORD
STAFF SUMMARY REPORT
Report to the City Manager

City Manager

Originating Department
Council Meeting Of:

February 19, 2008
Doug Elliott

Account Code No. #:

Prepared By

Budgeted Amount:

February 15, 2008
Date Prepared

[Agenda Title:
Recommendation:

Chapter 143, Civil Rights; Community Relations and Sexual Orientation
Approve

Discussion:
In January of 2008, I met with a group of Miami University students and administrators to discuss concerns
expressed from some gay students. Before the meeting, I reviewed the city's Civil Rights Law (Chapter 143). I
was surprised to see that discrimination based on sexual orientation was not included in the sections dealing
with fair housing, unlawful employment, and unlawful public accommodation practices. I believe it is importar ’
for the city of Oxford to include the prohibition of discrimination based on sexual orientation in our civil right
law. The proposed changes will accomplish this.

Approved By:

Initial Date

Department Head:

City Attorney:
City Manager:

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ORDINANCE NO.

AN ODINANCE REPEALING CURRENT CHAPTER 143 OF THE OXFORD CODE OF
ORDINANCES,
CIVIL
RIGHTS;
COMMUNITY
RELATIONS
COMMISSION,
AND
REPLACING IT WITH NEW CHAPTER 143 OF THE OXFORD CODE OF ORDINANCES,
CIVIL
RIGHTS;
COMMUNITY
RELATIONS
COMMISSION;
ADDING
SEXUAL
ORIENTATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OXFORD, BUTLER COUNTY,
STATE OF OHIO, THAT:
SECTION 1: It is the legislative determination of this Council that it is in the best
interest of the City of Oxford to revise Chapter 143 of the Oxford Code of Ordinances so as to

prohibit discrimination based in a person’s sexual orientation.

SECTION 2: Council hereby adopts new Chapter 143 Civil Rights;
Relations Commission attached hereto and incorporated herein as Attachment “A”,

Community

SECTION 3: Current Chapter 143 is hereby repealed in its entirety.
SECTION 4:

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

VICE MAYOR
ADOPTED:
ATTEST:

DEPUTY CLERK OF OXFORD

CITY COUNCIL

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

143.01 DEFINITIONS.
As used in this chapter, the following terms shall have the meanings ascribed in this
section, unless the context requires otherwise:
(a)

"Commission" shall refer to the Oxford Community Relations Commission.

(b)
"Community Relations Director" means an employee
these duties by Council.

(c)

"Discriminate"

and

"discrimination"

include

of the City appointed to

segregate

or separate

and

any

difference in treatment based on race, color, religion, ancestry, national origin or sexual
orientation.
(d)
"Employer" means any person who employs four or more persons, within the
City, including the City of Oxford, its departments, boards, commissions and authorities.
(e)
"Employment agency" means any person regularly undertaking with or without
compensation, to procure opportunities for employment or to procure, recruit, refer or
place employees.
(f)
"Housing accommodations" includes any building or structure or portion thereof
which is used or occupied or intended, arranged or designed to be used or occupied as a
home residence or sleeping place of one or more individuals, groups, or families, whether
or not living independently of each other; and any vacant land offered for sale or lease. It
also includes any housing accommodation held or offered for sale or rent by a real estate
broker, salesman or agent, or by any other person pursuant to authorization of the owner,
by the owner himself, or by his legal representative. Owner-occupied dwellings which
consist of not more than four units are exempt from the rental portions of this chapter.
(g)
"Labor organization" includes any organization which exists for the purpose, in
whole or in part, for collective bargaining or of dealing with employers concerning
grievances, terms or conditions of employment, or for other mutual aid or protection in
relation to employment.
(h)
"Person"
includes
one
or more
individuals,
partnerships,
associations,
organizations, corporations, legal representatives, trustees, trustees in bankruptcy,
receivers and other organized groups of persons. It also includes, but is not limited to, any
owner, lessor, assignor, builder, manager, broker, salesman, agent, employee and lending

institution, and the City of Oxford and all political subdivisions, authorities, agencies,
boards and commissions thereof.
(i)

"Place

of public

accommodation"

means

any

inn,

restaurant,

eating

house,

barbershop, public conveyance by air, land or water, theater, store or other place for the

sale of merchandise, or any other place of public accommodation or amusement where
the accommodation, advantages, facilities or privileges thereof are available to the public.

Qj)
"Restrictive covenant" means any specification in a deed, land contract or lease
limiting the use of any housing because of race, color, religion, national origin, ancestry,
sexual orientation or any limitation based upon affiliation with or approval by any person,
directly or indirectly, employing race, color, religion, national origin, ancestry or sexual

orientation as a condition of affiliation or approval.
143.011 COMMUNITY

RELATIONS COMMISSION.

(a)
The Community Relations Commission shall consist of five greater Oxford area
residents selected by Council to serve three-year overlapping terms: one member shall be
appointed for one year, two members shall be appointed for two years, and two members
shall be appointed for three years. Thereafter, members shall be appointed for three-year
terms of office.

(b)

The Commission, in addition to the powers and duties set forth elsewhere in this

chapter, shall have the power and responsibility of studying, investigating, conducting
public meetings and public hearings relative to any and all matters of factual situations
wherein there is the possibility of the existence of discriminatory practices or prejudice or
discrimination which in any manner could conceivably result in any degree of deprivation
of the civil rights of any person within the City of Oxford.
(c)
Said Commission may initiate action pursuant to these powers upon its own
motion and shall have the duty of initiating such action whenever a majority of the

members of said Commission deem action necessary and appropriate.

(d)
No provision of this section shall be construed so as to limit the power or
authority of the Commission in the area of discriminatory practices or civil rights
violations, and this section shall be construed broadly to permit the Commission great
latitude in these areas.
(e)

purpose

In addition to other purposes

of the Commission

contained in this chapter,

to become

it shall be a primary

acquainted with any and all discriminatory

practices, civil rights violations or matters of similar nature existing within the City of
Oxford, and to acquaint both the public and Council, as well as other persons, as to the
nature thereof, as well as to make findings of fact, determinations and recommendations.
(f)

The

Commission

may

accept

its own

rules

of procedure

and whenever

the

Commission shall convene a hearing, said Commission may administer oaths and take

such testimony
hearing.

as shall be deemed

necessary by the Commission

to effectuate such

143.02

FAIR HOUSING.

It shall be unlawful discriminatory practice for any person to do any of the following:
(a)
Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or
withhold housing accommodations from any person because of race, color, religion,

ancestry, national origin, or sexual orientation of any prospective owner, occupant or user
of such housing accommodation.
(b)
Represent to any person that housing
inspection when in fact they are so available.

accommodations

are not available

for

(c)
Refuse to lend money, whether secured by mortgage or otherwise, for the
acquisition,
construction,
rehabilitation,
repair
or
maintenance
of
housing
accommodations or otherwise withholding financing of housing accommodations from
any person because of race, color, religion, ancestry, national origin or sexual orientation
of any present or prospective owner, occupant or user of such housing accommodation,
provided such person, whether an individual, corporation or association of any type,
lends money as one of the principal aspects of his business and not only as a part of the
purchase price of an owner-occupied residence he is selling nor merely casually or
occasionally to a relative or friend.
(d)
Discriminate against any person in the terms or conditions of selling, transferring,
assigning, renting, leasing or subleasing any housing accommodations or in furnishing
facilities, services or privileges in connection with the ownership, occupancy or use of
any housing accommodations, because of race, color, religion, ancestry, national origin or
sexual orientation of any present or prospective owner, occupant or user of such housing
accommodation.
(e)
Discriminate against any person in the terms or conditions of any loan of money,
by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or
maintenance of any housing accommodations, because of race, color, religion, ancestry,
national origin or sexual orientation of any present or prospective owner, occupant or
user of such housing accommodations.
(f)
Print, publish or circulate any statement or advertisement relating to the sale,
transfer, assignment, rental, lease, sublease or acquisition, construction, rehabilitation,
repair or maintenance of any housing which indicates any preference, limitation,
specification or discrimination based upon race, color, religion, ancestry, national origin
or sexual orientation.
(g)
Make any inquiry, elicit any information, make or keep any record, or use any
form of application containing questions or entries concerning race, color, religion,
ancestry, national origin or sexual orientation in connection with the sale or lease of any
housing accommodations or the loan of any money, whether or not secured by a

mortgage or otherwise for the acquisition,
maintenance of housing accommodations.

construction,

rehabilitation,

repair

or

(h) = Include in any deed, land contract or lease of any housing accommodations any
restrictive covenant, or honor or exercise or attempt to honor or exercise, any such
restrictive covenant, provided that the prior inclusion of a restrictive covenant in the
chain of title shall not be deemed a violation of this provision.
(i)
Induce or solicit or attempt to induce or solicit any housing accommodations
listing, sale or transaction by representing that a change has occurred or may occur with

respect to the racial, religious, or ethnic composition of the block, neighborhood or area,

in which the property is located, or induce or solicit or attempt to induce or solicit such
sale or listing by representing that the presence or anticipated presence of persons of any
race, color, religion, ancestry, national origin or sexual orientation, in the area will or

may have results such as the following:
(1)

The lowering of property value.

(2)

Acchange in the racial, religious or ethnic composition of the block,

neighborhood or area in which the property is located.
(3)

An increase in criminal or anti-social behavior in the area.

(4)

A decline in the quality of schools serving the area.

(j)
Discourage or attempt to discourage the purchase by prospective purchasers of
any housing accommodations by representing that any block, neighborhood or area has or
might undergo a change with respect to the religious, racial, national
or sexual
composition of the block, neighborhood or area.
(k)
Nothing in this section shall bar any religious or denominational institution or
organization, or any charitable or educational organization, which is operated, supervised
or controlled by or in connection with a religious organization, or any bona fide private or
fraternal organization, from giving preference to persons of the same religion or
denomination, or to members of such private or fraternal organization, or from making
such selection as is calculated by such organization to promote the religious principles or
the aims, purposes or fraternal principles for which it is established or maintained, unless
membership in such organization is restricted on the basis of race, color, religion,
ancestry, national origin or sexual orientation.
(1)
Discriminate in any manner against any other person because he has opposed any
unlawful practice defined in this chapter, or because he has made a charge, testified,
assisted or participated in any manner, in any investigation, proceeding or hearing under
the provisions of this chapter.

(m)
Nothing in this chapter shall require any person to offer housing or business
accommodations for sale or lease or to show such accommodations to any person if such
person is not negotiating for the purchase or lease thereof in good faith.
143.03

UNLAWFUL

EMPLOYMENT

PRACTICES.

It shall be an unlawful discriminatory practice, except where based upon applicable
national security regulations established by the United States:
(a)
For any employer to refuse to hire any person or otherwise to discriminate against
any person with respect to hiring, tenure, compensation, promotion, discharge or any
other terms, conditions or privileges directly or indirectly related to employment because
of race, color, religion, ancestry, national origin or sexual status.
(b)
For any employer, employment agency or labor organization to establish,
announce, or follow a policy of denying or limiting, through a quota system or otherwise,
the employment or membership opportunities of any person or group of persons because
of race, color, religion, ancestry, national origin or sexual orientation.

(c)
For any employer, labor organization or joint labor management committee
controlling apprentice training programs to discriminate against any person because of
his race, color, religion, national origin, ancestry or sexual orientation in admission to or
employment in any program established to provide apprentice training.
(d)
For any employer, employment agency or labor organization to publish or
circulate or to cause to be published or circulated any notice or advertisement relating to
employment or membership which indicated any preference, limitation, specifications or
discrimination based upon race, religion, color, ancestry, national origin or sexual
orientation.
(e)
For any employment agency to fail or refuse to classify properly or refer to
employment or otherwise discriminate against any person because of race, color, religion,
ancestry, national origin or sexual orientation.
(f)
For any employer to substantially confine or limit recruitment or hiring of
employees with intent to circumvent the provisions of this chapter, to any employment
agency, employment service, labor organization, training center, training school or any

other employee referring source known to discriminate against persons because of race,
color, religion, ancestry, national origin or sexual orientation.
(g)
For any labor organization to discriminate against any person or limit his
employment opportunities or otherwise adversely affect his status as an employee, or his
wages, hours or employment conditions because of his race, color, religion, national
origin or sexual orientation.

(h)
For any employer, employment agency or labor organization to discriminate
against any person because he has opposed any practice forbidden by this chapter, or
because he has made a complaint or testified or assisted in any manner any investigation
or proceeding under this chapter.
(i)
For any person, whether or not an employer, employment agency or labor
organization, to aid, incite, compel, coerce or participate in the doing of any act declared
to be an unlawful discriminatory practice by this chapter, or to obstruct or prevent any
person from enforcing or complying with the provisions of this chapter, or to attempt
directly or indirectly to commit any act declared by this chapter to be an unlawful
discriminatory practice.

(j)

Nothing in this chapter shall require any person, company or business to offer

employment to any person not applying for such employment in good faith.
143.04 UNLAWFUL

PUBLIC ACCOMMODATION

PRACTICES.

It shall be an unlawful discriminatory practice:
(a)
For any proprietor or his employee, keeper or manager of a place of public
accommodation to deny to any person, except for reasons applicable alike to all persons
regardless of race, color, religion, national origin, ancestry or sexual status, the full
enjoyment of the accommodation, advantages, facilities or privileges thereof.
(b)
For any proprietor or his employee, keeper or manager of a place of public
accommodation to publish, circulate, issue, display, post or mail, either directly or
indirectly, any printed or written communication notice or advertisement to the effect that
any of the accommodations, advantages, facilities, goods, products, services and
privileges of any such place shall be refused, withheld, or denied to any person on
account of race, color, religion, ancestry, national origin or sexual orientation or that such
person is unwelcome, objectionable or not acceptable, desired or solicited.
(c)
For any person, whether or not included in subsections (a) and (b) hereof, to aid,
incite, compel, coerce or participate in the doing of any act declared to be an unlawful
discriminatory practice under this chapter.
143.05

COMPLAINT

(a)

Whenever

PROCEDURE.

it is charged

in writing,

by

a person

or aggrieved

organization,

hereinafter referred to as "complainant", that any person, employer, employment agency
and labor organization, hereinafter referred to as the "respondent", has engaged in or is
engaged in any unlawful discriminatory practices as defined in this chapter, or upon its
own initiative, in matters relating to such discriminatory practices, the Community
Relations Director may initiate a preliminary investigation. Such charge shall be filed
with the Director within six months after the alleged unlawful discriminatory practices

are committed. If the Director determines after such investigation, that it is not probable

that unlawful discriminatory practices have been or are being engaged in, the Director
shall notify the complainant that he has so determined, and that he will not initiate
prosecution of the matter.
(b)
If the Director determines, after such investigation, that it is probable that
unlawful discriminatory practices have been or are being engaged in, he shall endeavor to
eliminate such practices by informal methods of conference, conciliation and persuasion.
If after such investigation and conference, the Director is satisfied that any unlawful
discriminatory practice of the respondent will be eliminated, it may treat the complaint as

conciliated and notify the complainant that it will not initiate prosecution of the matter.
(c)
If the Director fails to effect the elimination of such unlawful discriminatory
practices or to obtain conciliation of the matter, or, if the circumstances warrant, in
advance of or during any such preliminary investigation or endeavors to conciliate the
matter, the Director shall issue and cause to be served upon the respondent a notice of an
investigative hearing, notifying the respondent of an investigative hearing before the
Community Relations Commission, at a time and place therein fixed to be held not less
than ten days after the service of such notice and stating the charges specified in the
original charge against the respondent.
(d)
Any such charge may be amended by the Director or complainant at any time
prior to or during the hearing based thereon. The respondent shall have the right to file an
answer or to amend an answer to the original or amended charge, and to appear at such
hearing in person, by attorney or otherwise to examine and cross-examine witnesses.
(e)
The complainant shall be a party to the proceeding, and any person who is an
indispensable party to a complete determination or settlement of the question involved in
the proceeding shall be joined. Any person who has or claims an interest in the subject of
the hearing and in obtaining or presenting relief against the acts or practices complained
of, may be, in the discretion of the Community Relations Commission, permitted to
appear for the presentation of oral or written argument.
(f)
In any proceeding the Community Relations Commission shall not be bound by
the rules of evidence prevailing in the courts of law or equity, but shall in ascertaining the
practices followed by the respondent, take into account all reliable, probative and
substantial evidence, statistical or otherwise, produced at the hearing, which may tend to

prove the existence of an unlawful discriminatory practice or a predetermined pattern of
unlawful discriminatory practice under this chapter, provided that nothing contained in
this section shall be construed to authorize or require any person to observe the
proportion which persons of any race, color, religion, national origin, ancestry or sexual
orientation bear to the total population or in accordance with any criterion other than the
individual qualifications of the applicant.

(g)

The testimony taken at the hearing shall be under oath and shall be reduced to

writing, and filed with the Community Relations Commission. Thereafter, in its
discretion, the Commission upon notice to the plaintiff, Community Relations Director

and to the respondent with an opportunity to be present may take further testimony or
hear arguments.
(h)
No person shall be compelled to be a witness against himself in any hearing,
formal or informal, before the Community Relations Director or Community Relations
Commission.
(i)
In conducting any hearing as provided herein, the Commission may subpoena as
witnesses any person believed to have knowledge of facts relevant to such hearing, may
compel the production of books, papers, records or other evidence relative to such
hearing by the person having custody or control thereof and may administer oaths, take
testimony and issue such rules as shall be necessary to effectuate an investigatory hearing
under this section.

(j)
Upon written application of the respondent, complainant or Director, the
Community Relations Commission shall issue subpoenas as if issued on its own motion.
(k)
If upon all the reliable, probative and substantial evidence the Commission
determines that the respondent has engaged in, or is engaging in, any unlawful
discriminatory practice under this chapter, whether against the complainant or others, the
Commission may endeavor to eliminate such practices by informal methods of
conference, conciliation and persuasion. If the Commission fails to effect the elimination
of such unlawful discriminatory practices or to obtain conciliation of the matter, or, if the
circumstances warrant, in advance of or during such investigative hearing, or endeavors
to conciliate the matter, the Commission may direct the Community Relations Director to
guide the complainant in the prosecution of this matter in the appropriate court of record.
(1)
If the Commission finds that no probable cause exists for crediting the charges, or
if upon all the evidence the Commission finds that the respondent has not engaged in any
unlawful discriminatory practice under this chapter, against the complainant or others, it

shall state its findings or fact, and shall notify the complainant and respondent that it will

not prosecute the matter further.

143.06 VALIDITY AND SEVERABILITY.

This chapter and each part of any section thereunder are hereby declared to be
independent sections and parts of sections and, notwithstanding any other evidence of
legislative intent, it is hereby declared to be the controlling legislative intent that if any

provisions of any section or the application thereof to any person or circumstance is held

to be invalid, the remaining sections or parts of sections and the application of such

provision to any person or circumstances other than those to which it is held invalid, shall
not be affected thereby, and it is hereby declared that such sections and parts of sections
would have been passed independently of such section or parts of such sections so known
to be invalid.

143.99 PENALTY.
(a)

Any person who

fails to comply with a subpoena

issued by the Community

Relations Commission as provided in this chapter shall, upon conviction thereof, be fined
not more than fifty dollars ($50.00).
(b)
Any person convicted of a violation under this chapter shall be fined not more
than one hundred dollars ($100.00) for a first offense and not more than five hundred
dollars ($500.00) for any subsequent offense.

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

Doug Elliott

Council Meeting Of:

February 5, 2008

Account Code No. #:

N/A

Budgeted Amount:

N/A

Police
Originating Department
Steve Schwein

Prepared By
January 29, 2008

Date Prepared
Agenda Title:
Positions.

An Ordinance Amending Salary Ordinance No. 2984, Section 1. Full-Ti
me

Recommendation:

Adopt the Ordinance.

discussion:
The 2008 Police Budget anticipated the beginning of the Oxford Police
Division’s succession planning by including a budgeted provision for Superv
isors who

announce their retirements fifteen (15) months in advance.

Also included was a temporary

bump in authorized sworn strength for Lieutenants from two (2) to three
(3). However, a
temporary increase in authorized strength for Sergeants was NOT include
d in the salary
ordinance wording, nor was the increase included in the budget. It is
not anticipated that any
additional monies will be needed to allow for a temporary six (6) month
increase in the
Sergeant’s sworn strength, however, the Salary Ordinance does
need to reflect the temporary

change.

Approved By:

Department Head:
City Attorney:
City Manager:

Initial

5)

Date

1 119108

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ORDINANCE NO.
AN ORDINANCE AMENDING
POSITIONS.

SALARY ORDINANCE NO. 2984, SECTION

1. FULL-TIME

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OXFORD, BUTLER
COUNTY, STATE OF OHIO, THAT:
SECTION 1: The City Manager and Chief of Police recommend Council amend the
Salary Ordinance to temporarily increase the number of Police Sergeant positions from six (6) to
seven (7) for a period of three (3) months to provide a period of overlap pending the retirement
of one of the current six (6) Sergeants.

SECTION 2:

Council hereby accepts the recommendation of the City Manager and

Chief of Police and amends Section 1 of the Salary Ordinance to increase the number of Police
Sergeant positions from six (6) to seven (7) for a period of three (3) months. Following the said
three (3) month period the Salary Ordinance will automatically revert back to the current
maximum allowed total of six (6) Sergeant positions.
SECTION 3: In all other respects Ordinance No. 2984, except as herein amended, shall
remain in full force and effect.
SECTION 4:

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)

SECTION 1:
established
pay range:

The following
full-time positions
are hereby
with respect
to position title,
authorized number

POSITION

OFFICE

City

OF

THE

TITLE

AUTHORIZATION

CITY

Assistant
to the City Manager
Human Resources
Director/CLERK
Of Council
Clerk

of

Council

ECONOMIC

DEVELOPMENT

DEPARTMENT

Economic

Development

Director

FINANCE DEPARTMENT
Finance
Director
Accounting Manager
Utility Billing and
Collections
Supervisor
Payroll
and Benefits
Specialist
Utility Collections
Specialist
II
Utility Collection
Spec.
I.
Accounting
Specialist
Accounting Assistant
LAW

DEPARTMENT

Law

Director

PARKS
Parks

&
&

RECREATION
Recreation

Recreation

# OF
EMPLOYEES

(NC)

(1)

(NC)
(NC)

(1)
(1)

5
7

(NC)

(1)

3

(NC)

(1)

i)

(NC)
(C)
(C)

(1)
(1)
(1)

(C)

(1)

5

(C)

(1)

4

(C)
(C)
(C)

(1)
(1)
(2)

2
4
2

(NC)

(1)

(NC)

(1)

7

(C)

(1)

5

(1)
(1)
(1)
(1)
(1)
(1)

5
5
1
1
3
3

7

MANAGER

Manager

Deputy

PAY
BAND

TYPE

DEPARTMENT
Director

Programs

Supervisor

Sports Activities
Supervisor
(C)
Office Manager
(NC)
Receptionist
(C)
Custodian
(NC)
Recreation
Programs
Coordinator (C)
Sports Coordinator
(C)
COMMUNITY

DEVELOPMENT

Community

DEPARTMENT

Development

Director

Planner

Admin.
Asst.
to Director
Administrative
Assistant

(Tech)
II

By

By

Contract

Contract
6
6

By

Contract

(NC)

(1)

(C)

(1)

6

(NC)
(NC)

(1)
(2)

5
3

and

-

FIRE

DIVISION

Assistant

Administrative

Assistant

II

SAFETY
Police
Police
Police
Police
Public

DEPARTMENT
- POLICE
Chief
Lieutenant
Sergeant
Officer
Safety Assistant

Police

Records

Public Safety
Officer

DIVISION

(NC)

Specialist
Communications

7
Contract
Contract
Contract
Contract
Contract
Contract

Manager

Assistant
to the Chief
Properties
Custodian

Parking

Clerk

SERVICE

DEPARTMENT

(Tech)

Service
Director
Deputy Director
Environmental
Specialist
Administrative Assistant
Custodian
ENGINEERING

Division

City Engineer
Engineer
*authorized -

not

budgeted

Engineer-in-training
Engineering Aide
STREETS
Streets

AND
and

III

PrRPoo

Office

(NC)
(NC)
(NC)

Chief/Inspector

+

DEPARTMENT

Chief/Inspector

Oo oy ~
toe

Fire

WH

SAFETY

(EIT)

MAINTENANCE DIVISION
Maintenance
(C)

Manager

Mechanic

*authorized for two-budgeted for one
Parks Maintenance Supervisor
Administrative Assistant
Service Workers
WASTEWATER

I

DIVISION

Collection
Wastewater Collection
Service Workers

Manager

on

Equipment

I
I

DIVISION

Manager

Plant
Water Plant Manager
Utility Maintenance

Utility

Meter

Water

Plant

TOTAL

Full-Time

(C)
(C

Technician

Reader

Operators

Authorized

C)
NC)
C)

Strength:

122

C)

RPNS

Distribution
Water Distribution
Service Workers

NPRB

WATER

RPWPEWO

II

WRPRPRPE

Plant

aZzaaqaa

Mechanic

Plant Mechanic
Service Worker
WWTP Operators

—0A—_~~

Plant
Wastewater
Plant Manager
WWIP Laboratory Technician

RESOLUTION NO.
A RESOLUTION
SUPPORTING
MIAMI
UNIVERSITY’S
LEASED
SPACE
INITIATIVE AND ENCOURAGING AND REQUESTING MIAMI UNIVERSITY
TO LOCATE THE CENTER WITHIN THE CITY OF OXFORD.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OXFORD,
BUTLER COUNTY, STATE OF OHIO, THAT:
SECTION 1:

The City of Oxford supports Miami University’s leased space

initiative for the purpose of housing certain research and support functions including an
information technology data center, an electron microscope facility, and associated office

space.
SECTION 2:

Council believes the location of Miami University’s leased space

initiative in the City of Oxford will benefit the City of Oxford and the community at
large.
SECTION 3:

Council supports and encourages the location of the facility within

the City of Oxford and pledges the City’s support to Miami University and asks the
University to take all steps necessary to locate the facility within the City of Oxford.
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

City Manager

Originating Department
Council Meeting Of: February 5, 2008
Doug Elliott

Account Code No. #:

Prepared By

Budgeted Amount:

February 1, 2008
Date Prepared

Agenda Title:

Chamber of Commerce 2008 Wine Tasting Event in the Uptown Parks

Recommendation:

Approve

Discussion:
In December of 2007, several board members of the Oxford Chamber of Commerce approached the city about a
wine tasting event. Originally, they requested to hold the event in the Oxford Community Park. Later, it was
decided that the event should be held in the uptown area to showcase our uptown and to benefit local
businesses. The Chamber considered the Oxford Community Arts site, however, found that a wedding
reception was scheduled that same weekend. The Chamber then approached the city about holding the wine
tasting event in the uptown parks.
{am recommending to the City Council that the city permit the Oxford Chamber of Commerce to hold a wine
tasting event on June 27 and 28th (a Friday and Saturday) in the uptown parks. Attached is a resolution
authorizing the city manager to grant this permit to the Chamber of Commerce, in which I am recommending
Council pass. The Oxford Chamber of Commerce represents over 200 businesses and 27 restaurants in the city.

The Oxford Chamber of Commerce and the Ohio Wine Producers Association will sponsor the event. They
would obtain an F-4 State of Ohio Liquor Permit (which permits serving wine by the glass and bottles of wine
for sale). The area where wine is served would be restricted and would require the purchase of a ticket and
possession of a wristband. The association would carry general liability insurance coverage and an additional
liquor liability policy. In addition, each winery would also be required to provide a $1 million liability policy.
In North East Ohio there is a Vintage Ohio event held in a Lake MetroParks park (Farm Park) in Kirtland, Ohio.
This event has grown to attract 35,000 people and is featured each year in USA Today as a premiere event.
(Their web site is www. visitvintageohio.com). This event will focus on Ohio wine, music, and art. The
Chamber is planning to hold this same event on the Oxford Community Arts site next year and thereafter.

Approved By:

Initial Date
\

Department Head:
City Attorney:

City Manager:

BA
#

Wiles
L7