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City Council Meeting 6.7.10

Planning Session

City Council held a study session to cover interstate signage (sign code) legislation, ODOT/ARRA (stimulus) funds and the NAWA Master Plan.

Councilman Gibson led off with comments regarding his proposed changes to the sign code as it relates to variances and the signage directly off the Interstate 75.  Councilman Budding stated in favor of variances, “We wouldn’t be sitting here right now trying to rewrite the sign code if variances were allowed before.”

Gibson continued to plead his case, “There is always a unique situation where variances are called for.” as he lifted stack after stack of documents referring to sign codes both in Miami County and from far flung cities elsewhere all of which had conditions where variances are allowed.

“I’d just like to pass something” stated Mayor Gillis, obviously frustrated with all of the discussion.

As one of the members of council that received the initial guidance from sign code consultant Dr. Kelly, councilman Lovett stated, “I think Dr. Kelly’s credentials are impressive, I would like to see us go forward with the ordinance without(E-7/variances)that would be durable and not subject the city to lawsuits.”

President Pat Hale shared, ” I don’t know if we can go on and on and on about this. We may have to just take a vote and see how this turns out” referring to the continued discordance in Council regarding the variance question.

Council Meeting

Mayor Gillis welcomed and introduced John Green, the new City Finance Director, taking the place of Dick Drennen who served the city in that capacity for over 3o years. Green recently served as assistant finance director for the City of Marysville. Green stated, “I jumped right in to submit the capital improvement plans for 2011, you (the City) got a great bunch of people working here, I am looking forward to the challenge, and I am here any time you need assistance”

Resolutions

President Pat Hale proposed that the 4th of July fireworks take place on the 4th of July (Sunday) with a rain date of July 5th. The rest of council voted in agreement with President Hale.

Council finalized the approval process for the finance director to follow the alternative tax budget process for the State of Ohio. Approved unanimously.

Ordinances

Council first voted unanimously to table the vote on the sign code changes. An amendment was brought by Mayor Gillis to amend the sign code proposal to eliminate the 660 foot from the highway component from the sign code proposal, rather wanting to follow the map/drawing that better described the area concerned. This amendment passed unanimously.

Councilman Gibson proposed 3 other changes to the sign code regulations as they refer to the property on the Interstate ramps.

Propose a 20ft maximum variance for signs on the interstate. (VOTE – N, Gillis, Hale, Kessler, Lovett VOTE – Y, Gibson, Budding, Black) amendment failed

Propose the ability of the zoning administrator, BZA or Council to grant or deny each appeal with no binding or precedential effect and liberal construction in favor of the applicant. (VOTE – N, Hale, Kessler, Gillis, Lovett VOTE – Y, Gibson, Budding, Black) amendment failed

Propose modifying the amendment to the ordinance .175E7 to increase the maximum available sign size by not more than 20 square ft and increase the height to a total of not more than 90 ft. Color or content BZA or council deems appropriate. (VOTE – N, Gillis, Hale, Lovett, Kessler VOTE – Y, Gibson, Budding, Black) amendment failed

The now ever attentive CEO of Holiday Inn Express Terry Hamlin stated in public comments, ” It (the proposed changes) would take care of my needs, but I don’t think it bodes well for other businesses that could grow on the Interstate. Dividing a maximum of 250sq ft by 3 or 4 signs for the automotive dealerships along the interstate is not entirely fair for those that have branded franchises to run. We have (Holiday Inn) hotels in 17 different communities and I am not aware of a single one that does not have the ability to grant variances. It can be worked out but I just cannot believe that you are not wanting to hear the business case of someone that wants to move into this city. I don’t’ understand how a business is a drag on the community (referring to comments made by City Manager Crusey during the planning session).”

George Lovett responded to these comments, “I have been here 20 years and have worked hard to build it up (my business), I know what it is like to build a business, I would not do anything to discourage business from coming here. Part of those duties of council is to refrain from doing something that will expose the city to a known legal risk. Dr. Eric Kelly from Ball state reviewed our case and stated that a  major problem with variances is that it can put the entire code at risk.”

In other business.. An ordinance for the extension of a water line on Lightner Rd. was unanimously approved.

Motions

Motion to approve the purchase of 3 defibrillators sponsored by the Tipp City Rotary. Council passed unanimously.  “We have a wonderful police department that is so well trained and equipped and lead by Chief Davidson. We believe that the police department should continue to be well equipped. ” stated Rotary President, Mark Mabelitini.

Motion to nominate Wendy Bauder to another term on the Cable Access Commission Council passed unanimously.

Motion to approve the appointment of 2 people to the Building Standards Board for a 5 year term, Gary Spangler, Kari Arbruster were proposed Council passed unanimously.

Motion to approve the annexation of 4120 Tipp Cowlesville Rd.Council passed unanimously.

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