City Council Meeting: 03.01.10
In comparison to other more sparsely attended meetings this evening there were more than 25 residents and guests in attendance, most of them due to the two public hearings scheduled for review.
The meeting was called to order by President Hale, with Mayor Gillis leading us in prayer with the Boy Scouts leading us in the Pledge of Allegiance.
Mayor Gillis provided the Miami County Board of Developmental Disabilities with a special proclaimation and in return the Miami County Board of DD presented Chief Davidson and two of his officers with certificates of appreciation for their work with children and adults with Developmental Disabilities.
President of the Downtown Tipp City Partnership, Matt Owen provided Council with an update on the status of the Partnership, its work, planned projects, new employees and goals set to apply for the Main Street USA program in one year. President Hale questioned Mr. Owen on whether he had the support of the entire downtown. Owen expressed that while he has not broached Main Street with all of the downtown yet, those involved in the Partnership are aware and are in favor of it.
Ordinances
6-10 The sale of notes in the maximum principal amount of $1,875,000, in anticipation of the issuance of bonds, for the purpose of paying the City’s portion of the costs of improving County Road 25A, extending Kinna Drive and buying a new generator. Passed Unanimously
Resolutions
9-10 - This legislation fulfills requirements of the Ohio Revised Code to outline the scope of a project and to provide notice of the City’s intent to assess property owners for various public improvements. (Horton)
10-10 – This legislation fulfills requirements of the Ohio Revised Code to outline the scope of a project and to provide notice of the City’s intent to assess property owners for various public improvements. (Hartman)
Councilman Lovett: “This is just the tip of the iceberg, the City has many other proejcts to perofrm in the older parts of town and these are just two of them.” Lovett continues, “Both of these projects have been on the project schedule to perform since – 2002 for the water/sewer plan.”
These two resolutions pass unanimously.
11-10 – A resolution authorizing the City Manager to purchase two vehicles for the Police Department at a cost not to exceed $49,077.00
Councilman Budding: “I have driven junk my whole life” he continued, “I just can’t see the reason behind buying a new vehicle just because it hits 100,000 miles.”
Chief Davidson: “Maintenance of the (police) vehicles goes on engine hours, not mileage for example, we change oil every 3,000 hours not 3,000 miles due to the time the vehicles idle. We monitor the maintenance records of these vehicles very closely for problems.” Chief Davidson continued, “I have seen that 100,000 miles means that major repairs are around the corner”
Councilman Gibson continues Budding’s objections and proposes that Council vote on replacing the old vehicles individually “on their own merit”.
Amended: 11-10 Motion to replace the 2000 police K9 unit. Unanimous, Passes
Resolution 12-10 Motion to replace the 2006 police unit. Budding/Black/Gibson vote No – Passes
Resolution 13-10 – Surplus property. Woodchuck chipper. Sale of unit proceeds go back to the electric fund. New chipper was purchased last year. Passes Unanimously
Public Hearing
The real “meat and potatoes” of the council meeting had to deal with two public appeal hearings held for Holiday Inn (Amerilodge) and Spring Hill/Gardens Alive! While you can catch the entire proceedings on KIT-TV rebroadcast this week and next, TippNews tried to assemble some of the best quotables from the hearings. Just proceeding the public hearing, Joe Moore, General Council warned all City Council members that City Council can no longer grant variances for decisions made by the BZA regarding the sign code regulations due to the risk of litigation. This statement meant that while Council could listen to the appeal made by Holiday Inn, they in fact could not vote on a variance or changing the law in any way that evening to accommodate the applicant’s request.
Holiday Inn Express
Holiday Inn representative: ”I am not pleased with the decision that the BZA has made to stifle the growth of business in Tipp City. Amerilodge (the parent company of Holiday Inn Express) picked Tipp City during a market assessment made with your assistant City Manager Brad Vath and assumed that the same opportunities (with regards to signage) afforded to other (exit) businesses be afforded to Amerilodge. Our corporate office has gone to great length to build and brand a new sign package – As with any branding effort, Holiday Inn Express will not bend or rebrand their image due to the Tipp City sign code. Our business means dollars to Tipp City, its visitors and its shopping interests. Our success is your success. Unfortunately another hotel will not be built in Tipp City (Amerilodge brand) and rest assured that none of my competition will consider developing in Tipp City. I simply cannot understand the position of the City. The monstrosity you ask me to consider reusing (the old hotel sign frame) is old, rusted and unmaintained. Our plan is to install a new, modern and clean signpost along with a sign that conforms to our brand.”
We have installed signs of this nature up and down I-75 why would we not be granted the same opportunities in Tipp City? This request will cost our Holiday Inn 60k to install a new sign during this volitile economic environment. Please let us stay in business. This is a huge investment for IHG (the new Holiday Inn Express cost $6 million to construct) and the owners and our sole effort is to drive occupancy which in turn drives visitors to Tipp City. We are more than willing to share financials with City Council. We are not able to pay our bills right now. You cannot see my hotel from I-75 northbound and from the north we cannot be seen until you are right up on it. You have created an ordinance that will stifle any changes for your city. There is no way that Menards is happy with their tiny sign. Since they are not a destination, they probably didn’t care. That is not the case with our hotel and travelers. I am struggling with our local business, why do we want to struggle in Tipp City, if we could just as easily enjoyed the amenities in Troy? There is alot of drive-by traffic that would stop in Tipp City if they could see me. Your decision tonight is disrespectful to the ($6 million dollar) investment that we have already made. I will be leaving this meeting and cutting it down with a hacksaw (the old rusted sign mast) after this meeting.
Councilman Gibson – “We need to encourage business, but in the meantime that there should be liberal construction allowed in defense of the applicant.”
Holiday Inn representative: “Maybe I should paint up my building to attract more attention (reference to Warrior Racing’s Mad Professor mural)”
Spring Hill/Gardens Alive!
Felix Cooper: “My position is if you look at our operation, we do alot of things that Tipp City can be proud of. Nationally and internationally we are known of our horticultural studies. For our purposes, this is an extremely large expense (the concrete). The site is utilized for plant breeding (USDA) cooperative breeding and a number of universities send their testing and students here. We perform ground breaking laboratory research and development.Councilman Lovett: “How much would it cost to pave the entire area concerned, and how much is the total cost of your expansion project?”Felix Cooper: “The cost to pave the area as demanded by City ordinance would be $8,000-11,000. While your notes mention that the project was $60,000, I did not provide that number to you, it was $50,000 for the entire project.”John Burbaugh: (sitting member of the BZA) “The approval request will set a bad precedence, the BZA already waived lighting, curbing and landscaping requirements for Gardens Alive! You must work to keep things consistent. You send mixed signals to the BZA and to the Planning board when you over rule our recommendations and decisions.”Pat Hale: “I can’t see how this decision will set a bad precedence for BZA if we look at all requests individually. “Mark Springer: (President of the Planning Board) “At Planning Board we look at applying the code, and apply it equally. We do not look at it as unique. If we make exceptions to unique situations there is no good way to apply decision-making.”Felix Cooper: “We want to do business, and there are expenses as a result of the zoning rules that are not naturally considered in the agricultural use of the property (even though the property is currently zoned light industrial)
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Posted by Michael McDermott
on Mar 1 2010. Filed under Featured Post, News.
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My understanding of Council's actions as to the Holidy Inn public hearing was to affirm the BZA determination, and not grant the applicant any variance. It's not that there was no vote, or to hold-off until the retreat on Friday. Rather, Council's action was to not grant the variance for Holiday Inn. Good choice of words, though when you use “chastised”. That's exactly what it was.
Correction made good sir. I have a feeling that this issue may be broached during your radio and TV interview tomorrow at 1PM. While I have a pro business stance in Tipp and everyone should know where I stand on the sign code by now.. It was unfortunate that council was “dressed down” last evening seeing that there was only one council member up there that was present during the sign code creation (with the exception of Mr. Moore) It is also unfortunate that with all of the many years that Mr. Moore has served Tipp's Council that he was silent to the myriad of unconstitutionalities of our current sign code during its creation and maturation.
I am a small Business a 25 seat Cafe Kanoe Cafe I promote Tipp City in all my advertising either in social network venues and all media. I asked the zoning enforcement about a signage to the street. I was told I was not allowed to move my current signage or put one on the posts all ready at the edge of the shopping center. I try constantly to put my image out to the street but I get from many new customers i did not know you were here. My sign on the building is so small even at night with lights on can not be seen. I checked into digital lighting but not allowed. So I asked about a sandwich sign on 571. Not allowed even though downtown is allowed. Why? The ordiance needs to be updated to allow entrepueanur ship to flow in Tipp City. Not stifle.
I am really wondering what the reasoning was in the development of the sign laws. It would appear that the rickety old structure still standing would be in violation of this code:
” (E) Construction. All signs shall be constructed to meet all current building and electrical code regulations of Miami County. All signs and related surroundings shall be properly maintained and shall not show signs of rust or corrosion, exposed wiring, chipped paint or faces, cracked, broken, or missing faces, or loose materials. The structural integrity of all sign foundations shall be maintained.”
It appears to me that Holiday Inn's proposed sign would be more easily maintained and a great improvement over the eyesore that has been in place. This is the kind of thing that makes us (Tipp City) look silly. We have this dandy new hotel – again, a great improvement over what had previously been there – and we don't want to let them put their sign up? The new sign looks modern – are we trying to look old and worn out? Antique, downtown historical signs/buildings are special to our town and I can see being picky about the regulations in the “historical” part of Tipp City – but come on, right by the interstate? I think the new sign would attract attention to Tipp City, which is a good thing, right? Might even draw business for Tipp of the Town restaurant because Holiday Inn brand is a well know, respected. Can we stop throwing roadblocks and find ways to help our businesses?
What was the purpose behind the size in the zoning code? What is the point in being this restrictive outside of the historical district?
If variances can't be granted on an individual basis, more thought should be given to the code so that it is not a hindrance to development.
It also concerns me that not all the downtown businesses are included in the major decision making about the Main Street project. Better get them on board now instead of further down the line.
These are my opinions as a citizen and I appreciate the work of our boards and councils.
It is our shame to share that no latitude was given in the instance of Gardens Alive .Springhill has been operating in Tipp since 1889 and while it has enjoyed the low utility rates and local tax rates Tipp offers .It has also been one of the largest contributors to our tax base without any taxpayer incentive that I can find. In an economic time when many cities and villages are giving incentives to companies to locate in their towns we failed to allow any relief to a company that has contributed so much too ours .The isolated expansion they developed does not engage in retail sales and is not expected to have active public access.While the 8000-11000 paving bill mandated by our city can probably be handled by Gardens Alive .The hassle and lack of flexibility on our part will not likely be forgotten when the next expansion plans are considered.
Did everyone see Attorney Joe Moore spank Councilman Joe Gibson for trying to impute reason to a zoning law? Moore's slavish punctiliousness to the zoning code trumps the need for Holiday Inn Express's need for a functional sign at their new $6,000,000 motel. The resulting unreasonableness, if unchecked, will result in the failure of the motel , but we shall have complied with the letter of the 2006 sign code in the mean time. And it's really more important to comply with the code and allow the motel to go unvisited and fail financially? We have a need to review Tipp City's attitude regarding business in the city. We are allowing our officials to tell business to go somewhere other than Tipp City.
Are we really going to compare family vehicles to police cars? Vehicles that people depend on for public safety, life and death issues? I want their cars to be in top notch shape for their sake and mine!
Are we really going to compare family vehicles to police cars? Vehicles that people depend on for public safety, life and death issues? I want their cars to be in top notch shape for their sake and mine!