CITY OF CRESTVIEW HILLS

MINUTES - REGULAR COUNCIL MEETING

APRIL 12, 2001

 

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 Terri Jameson, David Kramer, Joe Maloney, Harold Ries & Frank Sommerkamp.  Ralph Laird was absent.

APPROVAL OF AGENDA  -    Approved as submitted.  Ayes carried.

Motion: Mr. Ries                                       Second: Mr.Kramer

APPROVAL OF MINUTES -  from the regular meeting of March 8, 2001.    Motion made to accept as submitted.  Ayes carried.

Motion: Mr. Maloney                               Second: Terri Jameson

CITIZENS AND GUESTS

Mr. Alex Papas, resident of 6 Rose Terrace, addressed Council about the possibility of an ordinance prohibiting the feeding of wild geese and ducks.   Mr. Celarek said that he had spoken to Mr. Papas about the geese in October last year and presented the matter to the Public Works Dept. in September or October and the Committee agreed that an ordinance should be adopted.  Mr. Celarek said that he called the resident on Rose Terrace, who is feeding the geese, requesting that she cease.  Mr. Papas said that Mr. Gieske, neighbor, has posted a “do not feed the ducks and geese” sign, to no avail.  Mr. Celarek believes that the food thrown out for the geese and ducks also attracts raccoons.  Mr. Celarek has contacted Mr. Mando’s associate, Mary Ann Stewart to research an ordinance.  Mr. Sommerkamp suggested contacting a company called Geese be Gone that uses a dog to chase wild geese away. It has worked well for the country club golf course.  Mr. Meier suggested that the city contact the owner of this company and get her opinion about whether the dogs would work in this situation.  Mr. Meier said that a similar problem existed in Lookout Farm.  Mr. Maloney stated that there has also been a problem with the ducks in Old Crestview Hills and they present a health hazard.

Ms. Kathleen Corneil stated that the Lookout Farm Homeowners Association contractor had been trapping raccoons in Lookout Farm.  She said the association thinks the raccoons have been driven into the neighborhood because the Sanitation Department is doing work on Springside and disturbing their habitat.

CITY ADMINISTRATOR’S REPORT

Mr. Celarek reported on the following:

1.      The Board of  Adjustments heard a request on April 3, 2001 from Panera Bread.  The request was denied and another hearing was scheduled for April 23, 2001 pending Panera’s submission of revised plans that adhere to the Boards’ demands.  On April 23, Panera will resubmit.  The Board will review a request for a 29 foot variance for parking spaces only.  On April 23, the board will also hear a request from the resident at 25 Winding Way for a setback variance of 3 feet 1 inch for the building of an addition to the residence.

2.      Letter from the Kentucky Planning Commission – a State law was passed, effective June 21, 2001, requiring those individuals who deal with zoning issues (Board of Adjustment, Zoning Consultants, Zoning Administrators), take 8 hours of training per year for the next two years for a total of 16 credit hours of continuing education.  This would mean that it is mandatory that the Board of Adjustments, Walter Blair, and Kevin Celarek to complete these mandatory requirements.

3.      A meeting is scheduled for March 9, 2001 between Mr. Celarek and the Gallenstein Company to discuss landscaping, drainage, and air conditioning plans for 25 Crestview Hills Mall Road.

4.      Two weeks ago, Darin Wagner of the Lakeside Park/Crestview Hills Police Dept. graduated from the Police Academy.  Officer Wagner will patrol with another officer for a period of time.  Another officer will be entering the Academy soon.

 

OLD BUSINESS

A.     Public Utilities

Mayor Meier asked Mr. Celarek to relate any feedback from the Division of Air Quality Control regarding the proposed Cinergy mini-power plant on Erlanger-Crescent Springs Road.  Mr. Celarek reported that the city is continuing to correspond with Secretary Hornback.  The Mayor will meet next week with the Division of Air Quality Control.  Air Quality Control will make a decision whether to issue a permit to Cinergy for the plant at the end of April.  Mr. Meier has received various correspondences and resolutions that Ft. Mitchell, Lakeside Park, Erlanger, Elsmere opposing the building of the power plant.  Mr. Meier has not yet heard from Edgewood, Villa Hills, or Crescent Springs.

 

Mr. Meier reported that Jeff Mando, City Attorney, has written a letter to Mr. Bickford at the Division of Air Quality Control, on behalf of the City.  Mr. Meier stated that it was significant that Erlanger expressed opposition to the plant.  Should the plant become a reality, Erlanger will participate with Crestview Hills in further studies of noise levels in an attempt to assure the least noise impact for the two cities.  Mr. Meier reported that the Committee, that was formed to focus on development issues, met on March 29 and will meet again on May 17.  

 

Mr. Maloney would like the City to contact Ft. Wright and Park Hills as the pollution would have an effect on their citizens as well.

 

Mr. Meier commended the many citizens who have written letters, sent e-mails, organized efforts, and picketed.  Mr. Meier stated that it is important to continue to publicly oppose the plant in an effort to appeal to Cinergy.

 

Mr. Maloney thinks that there is a demonstration planned for 4th & Race, Cinergy offices.  Mr. Reis commended the staff on efforts to oppose the plant.

 

Mr. Meier offered to go to various cities and speak about the plant should those cities request more information about the plant.  Mr. Meier referred to the public meeting that has already been held at Thomas More and suggested that perhaps another could be held in Northern Kentucky.   Mr. Reis enquired whether anything had been done to appeal on a national level.  Mr. Meier stated that he has met with Senator Lucas and wants to meet with Senator Bunning.

 

Ø             Recreation

Terri Jameson, Chair of Recreation Committee, addressed Council regarding the 50th Anniversary Celebration events planned by the Committee.  There will be a dinner dance on November 10, 2001 at Summit Hills Country Club.  Mr. Celarek stated that a number of awards will be forthcoming for various citizens.  Those awards will be presented at the Dinner Dance.  Mrs. Jameson stated that the reservations are for between 150 to 300 people.

 

Also planned, are three Reds games on April 21, May 13 and August 22.  The city purchased 85 tickets for the April 21st game and to date 45 of those tickets have been sold.  All tickets are $25 each.

 

Tuesday, May 17 there will be a babysitting class held by the Red Cross and sponsored by the City.  A trip to Mammoth Cave is planed for June.  Mrs. Jameson reminded residents to check their newsletters and the website for various events that have been planned this year.

 

 

NEW BUSINESS

A.    Safety

Mayor Meier asked for Mr. Celarek to present the findings regarding fire and EMS services in the southeastern portion of the City.  Mr. Celarek reminded Council that the bulk of services as agreed upon last meeting will be with Fort Mitchell Fire & EMS for $76,989.67 for the period April 1, 2001 through March 31, 2005 as voted by Council last month.  Edgewood will provide fire and EMS with soft billing for April 1, 2001 through March 31, 2002 for the south eastern portion of the City.  A bid will be forthcoming for the second, third, and forth year at a later date.

 

Joe Maloney made a motion to accept the bid from Edgewood for April 1, 2001 through March 31, 2002 in the amount of $24,077 for fire and EMS service for the southeast corner, which is Legends Way, Horsebranch Road, and Palmer Court.  Second by Frank Sommerkamp  Motion Carried with 5 ayes.

 

 

B.     Public Works

Frank Sommerkamp reported that the lower bid for the reconstruction of the entrance to Lookout Farm from Dixie Highway to Shinkle Drive for $195,531 from JPS Construction for a concrete surface.

 

Mr. Meier and Mr. Celarek agreed that the project must begin after July 1, 2002 and be included in next fiscal year budget.  Also, the People’s bank project should be finished by that time preventing the two contractors trucks from being cramped for space in which to do their separate jobs.

 

Mr. Maloney made a motion to accept the bid for reconstruction of the entrance to Lookout Farm from Dixie Highway to Shinkle Road for the amount of $195,531 from JPC Construction for concrete street, which includes tearing out old concrete replacing it with new concrete and installing drains.  Seconded by Mr. Sommerkamp.  Motion carried with 5 ayes.

 

C.      Safety

Mr. Celarek asked Mr. Mando, City Attorney, to explain the need for

Ordinance 2000-4-1 to set the maximum speed limits on all city streets, except Thomas More Parkway and Horsebranch Road, at 25 MPH.  The speed limit on Thomas More Parkway and Horsebranch Road is set at 35 MPH.  Mr. Mando explained that the law has recently changed that governs the setting of speed limits due to a court case involving the city of Ludlow in which their ordnance was challenged and found not to be valid.  The law did not allow Kentucky cities to set the speed limits on city streets without an engineering study until March 1997.  That law as of March 1997 does allow cities to now set the speed limits on city owned streets without an engineering study.  Because Ludlow had passed an ordinance setting speed limits on their city streets and had not complied by getting engineering study before adopting the ordinance.  Ludlow’s ordinance had not been changed to reflect the changes to the law.  The person who received a ticket challenged the ordinance and won.  This was brought to cities attention by a letter from the County Attorneys Office.

 

Mr. Mando presented  1st Reading of Ordinance 2000-4-1 to replace Section 71.60 of the Crestview Hills Zoning Ordinance.  Setting the speed limit at 25 MPH on all city owned streets except Thomas More Parkway and Horsebranch Road is set at 35 MPH.  The ordinance makes it mandatory to post 25 MPH signs on all city street.

 

COMMITTEE REPORTS

Public Works –

Ø      Mr. Somerkamp reported work in process on Campus Drive.  The 72” pipe under Campus will be reinforced and 15 feet riprap is being installed at the ends of existing culverts.  Repair to the curbs is also being done in the College Park area.

Ø      Mr. Sommerkamp inquired about the progress for plans for a second right-hand turn lane on Turkeyfoot onto Thomas More Parkway.  Mr. Meier stated that work on Lookout Farm Drive will be ready to include in next year’s budget.

Finance – Mayor Meier informed council about changes to the Council monthly financial reports that reflect State requirements according to GASB 34.  GASB 34 changes must be implemented by 2003.  Monthly changes in reports will be reflected in monthly reporting as they are implemented between now and 2003 deadline.   

Economic Development –Mr. Kramer reported that the Committee had met on April 10.  The following items were discussed:

Ø      Update on the Panera Bread project and the decision of the Board of Adjustments was discussed – The Board turned down the variance request pending certain changes to the plans.  Panera will resubmit plans for review by the Board on April 23.

Ø      Hemmer Company presented plans for development of lots 16A & 16F.

Ø      Discussed directional signage needs of Thomas More Research Park.

Ø      Discussed the conditional use permit for Waterford/Triad Senior Living.  If the company is not forthcoming with progress toward the project by October 3 the permit will not be renewed.

Ø      Brief discussion on recommendations from the University of Cincinnati Urban Planning Studio (student projecty) study of the Mall property.

CHEER – no report

RECREATION – Terri Jameson on behalf of the Committee asked for anyone, wishing to volunteer for the Committee or for one of the projects, to phone the city building.

PERSONNEL – Mr. Celerek reported that the Committee will meet sometime in May, date to be set.

ETHICS – Mr. Maloney reminded Mr. Celarek about yearly ethics statements.

TELECOMMUNICATIONS – Mr. Meier reported that more information will be sent about the universal ordinance, which various cable companies are seeking.  As that information comes in Council will be notified.

 

Motion to adjourn made by Mr. Sommerkamp, seconded by Mr. Ries at 8:55PM.

 

 

 

 

____________________________                     ______________________________

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

                                                                             Minutes authored by Judy Rae Cox, Adm. Asst.