CITY OF CRESTVIEW HILLS

MINUTES - REGULAR COUNCIL MEETING

December 9, 1999

CALL TO ORDER - With the Pledge of Allegiance and a silent prayer, Mayor Paul W. Meier called the meeting to order at 7:30 PM.

ROLL CALL - Present were Messrs. Ralph Laird, Joe Price, Harold Ries, Joe Maloney, Frank Sommerkamp and Mrs. Robin Huller.

APPROVAL OF AGENDA - It was suggested that New Business item B) Planning Commission be moved to item C. Added under New Business is item B) Capital Real Estate, D) New Police Chief Confirmation, E) Ordinance 1999-12-2, and F) Proclamation. Approved as amended. Ayes carried

Motion: Mr. Ries Second: Mr. Sommerkamp

APPROVAL OF MINUTES - Mr. Price wished to clarify line 3 under Old Business, Item B to read, "Mr. Hargis announced that this was a revision to the stage I and stage II plans originally approved for the Waterford Project in June." Accepted as amended. Ayes carried.

Motion: Mr. Laird Second: Mr. Maloney

CITIZENS AND GUESTS

Jim Avery, a resident from 111 University Circle, desired to challenge the spending of taxpayer’s money for the creation and distribution of Crestview Hills calendars. Mr. Avery stated that he did not ask for, nor did he want a calendar from the City and wondered why the City could not provide gloves or shoes for its residents instead. Mayor Meier replied that the newly formed Communications Committee wished to commemorate the City’s redesigned logo for the new millennium. Mrs. Huller noted that the committee felt it was a way to unify all parts of the City since it is geographically separated and instill pride in the residents.

CITY ADMINISTRATOR’S REPORT

Mr. Celarek reported on the following:

  1. The Waterford Project (Triad Senior Living) exercised significant movement by purchasing lot 14 on the Southwest corner of Rhine Valley Lane and Centreview Blvd. in the RP-1 zone from Hemmer Co.

  2. Manor Care, which will be located on lot 15 on Centreview Blvd., has applied for a grating (earth work) permit and is in the process of submitting plans for the building permit process.

  3. There will be a master gardener program held at the Kenton County Extension Center January 17, 2000.

  4. There will be an interfaith peace service at the World Peace Bell in Newport on December 31st, from 2:30PM to 4PM.

  5. Jarco has signed the contract for snow and ice removal on the dedicated streets of Crestview Hills and the City Building lot.

  6. Census 2000 will be taking place the week of April 1st. Residents are strongly encouraged to send their forms back as the totals are used in calculating Municipal road aid as well as demographic statistics for the City.

  7. Traffic counts have been completed on Horsebranch Rd. and Thomas More Parkway by OKI. The Public Works Committee will have a report ready by the January council meeting.

  8. A Board of Adjustment meeting will be held at the City Building December 14th at 7PM to discuss the conditional use permit referencing the Grand Court project, and the 18’ set back variance for People’s Bank.

  9. C.R. Monhollen was elected Director of the Northern Kentucky Municipal Clerk’s Association for the upcoming year.

OLD BUSINESS

A. Economic Development

It is believed that there was a deed restriction in the Old Crestview Hills area that prevented detached garages, however, nothing was ever found in the zoning text. The current zoning text is unclear and interpretation is gray. There are two detached garages being built in the City that will be "grand fathered" in. The proposed amendment to the zoning code is as follows:

This language is to make it absolutely clear that detached garages are not allowed in single-family residential districts.

DEFINITIONS

ACCESSORY BUILDING: Item e. – Clarify that accessory buildings are permitted uses only in the single family zoning districts (R-1Bc; R-1C; R-11;R-1E). – added language is underlined.

"c. Is limited to one building which has a maximum size of one hundred (100 square feet and is no more than ten (10) feet in height. This customary accessory building and use limitation applies to single family residential zones R-1Bc; R-1C; R-1D; R-1E."

GARAGE, ATTACHED: A new definition requiring any garage attachment to the dwelling to be completely enclosed and have a roof.

"GARAGE, ATTACHED: A portion of a building, used as a private garage, that is attached by one or more common walls to the principal use of the lot. Such structure shall be completely enclosed and have a complete roof."

GARAGE, PRIVATE: Eliminate the first three words in the definition and the last sentence, which states that a private garage is not an accessory building. The new definition would read as follows:

"GARAGE, PRIVATE: A portion of a principal building not exceeding eight hundred (800) square feet in area, per dwelling unit, designed, intended, and used for the storage of not more than four (4) motor-driven vehicles, per dwelling unit, owned, used, and registered in the name of the occupants of the dwelling unit for which said private garage is intended. Not more than one (1) or the vehicles shall be a commercial vehicle and this vehicle shall not be more than two (2) ton capacity. This definition shall not include a public garage."

ZONING DISTRICTS

Change item B. 1. in each of the above described single family districts (R-1Bc; R-1C; R-1D; R-1E). to read:

1. Customary accessory buildings and uses, not including detached garages.

Section 10.7 R-PUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) ZONE add Accessory Uses as stated in all other zones.

B.5. Accessory Uses Permitted;

  1. Fences and walls, as regulated by Article XIII and as approved in the plan.

  2. Home occupations, subject to the restrictions and limitations established in Section 9.11.

  3. Signs, as regulated by Article XIV and as approved in the plan."

Mr. Price made the motion to accept the proposed amendment to the Zoning Ordinance with the stipulation that KC/ZC/MP finds the amendment favorable in its upcoming January meeting. Motion seconded by Mr. Maloney. Ayes carried.

NEW BUSINESS

A. Finance Ordinance 1999-12-2

Mr. Celarek informed council that a budget amendment was necessary to accommodate the purchase of capital real estate that is projected to take place in late January. Other general government and public works expenditures and tax revenues were also adjusted at this time. This meeting is considered first reading with no noted objections. Mayor Meier reminded council that there will be a special meeting December 16, 1999 at 4:30 PM for second and final reading of this ordinance.

B. Capital Purchase – Real Estate

Mayor Meier noted that in recent conversations with Crestview Hills Mall Management, owners and Dillard’s, it is now possible to purchase the lot next to the City Building for future purposes. However, the mayor can purchase capitally with the consent of council. Mr. Ries made the motion to give consent to Mayor Meier and staff to purchase the lot next to the City Building, seconded by Mr. Laird. Ayes carried.

  1. Planning Commission Representative

    Mayor Meier wished to appoint Joe Price to a 4- year term as Crestview Hills representative on the KC/ZC/MP. Motion to accept from Mr. Sommerkamp, seconded by Mr. Maloney.
    Ayes carried.

  2. Police Chief

    The Authority Board formally selected Paul Herbst as Chief of the Crestview Hills/Lakeside Park Police Authority on December 1, 1999. Mayor Meier needed an endorsement from council to show the City Of Crestview Hills approval. Motion to accept from Mrs. Huller, seconded by Mr. Laird. Ayes carried.

  3. Ordinance 1999-12-2

    Mr. Sommerkamp informed council that it had been approximately ten years since compensation for elected officials had been discussed. This is first reading of an ordinance that would, effective January 1, 2001, raise yearly compensation for council members from $1,800 to $2,400 and effective January 1, 2003, raise the mayor’s compensation from $4,800 to $6,000.

  4. Proclamation

    Mr. Maloney suggested the City Of Crestview Hills make a proclamation in honor of Barry Wehrman’s 24 years of service. Mr. Maloney felt that anyone giving that many years of service should be recognized accordingly in his last year before retirement. Mr. Celarek will write the proclamation and present it at the January meeting.

COMMITTEE REPORTS

Public Works - Mr. Sommerkamp commented that Public Works projects under way at this time are as follows:

  1. Widen Horsebranch Rd. to 3 lanes at Orphanage Rd. to allow a right turn lane. Mr. Berling is waiting for KDOT to reply to possible funding assistance for the turn lane and traffic signalization at that intersection. A traffic count was conducted and results should be forthcoming.

  2. The Dixie Hwy. sidewalk project. Mr. Berling has met with KDOT and the project is in the bidding process with the plan revision from last month to add curb and gutter requirement on the north end. The revision is expected to add approximately $25,000 to the bid. The sidewalk is expected to be complete by May 15, 2000.

  3. Varsity Court has some paving failures. The sub grade and sewer ditch has settled or shrunk and the paving has cracked and dropped. Adding bituminous paving over the south lane of the street has temporarily repaired the surface. A more permanent solution is being considered.

  4. Plans and permits are underway to widen Thomas More Parkway to allow two right turn lanes onto northbound Turkeyfoot Rd. A letter was received from a College Park resident expressing concern that a second turn lane might negate anyone trying to turn left from Fraternity Ct. onto northbound Turkeyfoot Rd. Possible traffic signal synchronization and limited stuttering was discussed to allow turns to be made at different times in the signal cycle.

  5. The sidewalk on the west side of Legends Way will be reconstructed to eliminate the pond of water and silt. The contractor awarded the sidewalk bid will also delete the headwall.

  6. The storm water detention facilities being proposed by KDOT along I-275 and the Horsebranch Creek drainage area will be handled in a section by section manner by the City.

Recycling- Mr. Celarek reminded residents that curbside pickup of Christmas trees for chipping will take place January 7th and 14th. The trees may be set curbside for regular garbage pickup but it was noted that the trees will then go to the landfill rather than being recycled as mulch.

Recreation - Mr. Price stated that an adhoc committee has been formed to better plan recreational events, activities and green space in the City. The sub-committee shall hold a meeting January 16, 2000 at 4PM and will continue to meet monthly until the recreational and green space needs of the City have been identified. The committee is also working on survey questions for distribution to residents at a later date. Focus groups are being reviewed as a possible means of input.

Telecommunications Board – Mayor Meier warned residents to review their cable bill. It seems as though a fee of some sort that was incurred by Insight when purchasing Intermedia might be passed on to consumers in the form of higher rates.
Communications – Mayor Meier complimented staff on the hard work put into the tree lighting ceremony and noted that he has received numerous compliments on the City calendar.

After committee reports, Mr. Price announced that as a result of a recent ruling by a Commonwealth of Kentucky Court of Appeals, he will be resigning from City Council effective December 31, 1999 to pursue representation on the KC/MP/ZC. There was general discussion concerning procedure for finding a new council person to fill the unexpired term.

After general conversation, motion to adjourn made by Mr. Laird, seconded by Mr. Sommerkamp at 8:22 PM.

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Mayor Paul W. Meier City Clerk C.R. Monhollen