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HomeTipp City NewsCity Council Meeting: 03.01.10

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)”

Since Council was chastised to not vote or take action on this by General Council, no vote was made while there was a decision to speak of sign code regulations during their retreat on Friday.

Spring Hill/Gardens Alive!

Prior to Felix addressing Council, Councilman Gibson recused himself from the meeting as he was sitting on Planning Board and voted in support of the variance request for Gardens Alive! (to allow them to lay down gravel and not pave the parking area) Also, Joe Moore commented that the Planning Board has never waived a paving requirement since 1993 when the City first started to mandate paving every parking area.
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)
Motion to affirm the BZA decision.  Budding voting No. Passes
President Hale closed the regular Council session and ordered an 8 minute recess and then Executive Session with Jon Crusey and General Council Joe Moore in attendance.

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