CITY OF CRESTVIEW HILLS
REGULAR COUNCIL MEETING MINUTES
THURSDAY, APRIL 14, 2005
7:30 PM
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. David Kramer, Ralph Laird, Joe Maloney, David Meier II, Tom Moser and Frank Sommerkamp, Jr.
APPROVAL OF AGENDA – With the following addition: 1.) under Old Business – Item A. – ALS Contract.
Motion: Mr. Kramer Second: Mr. Sommerkamp, Jr.
Ayes carried.
APPROVAL OF MINUTES – Regular meeting minutes of March 10, 2005 with the following corrections: Page #1 Call to order punctuation after Tom Moser’s name. Page #2 – paragraph 1 – Scratch out in parenthesis (motion was out of order 8:20 P.M.)
Motion: Mr. Kramer Second: Mr. Moser
Ayes carried.
CITIZENS AND GUESTS
1. Mr. David Jansing, Fire Inspector Ft. Mitchell Fire Department.
2. Mr. Mark Bruggeman and Mr. Tim Green, CDS Architects.
1. Mayor’s Group monthly meeting will be Saturday, April 16, at Edgewood Senior Center.
2. Municipal Government League of Northern Kentucky (MGLNK) annual meeting will be Thursday, April 21st at the Coconut Grove Restaurant. Speaker John D. Rinehart will give a Legislative Update. Deadline for registration is Monday, April 16th.
1. Annual Statements of Financial Interest Forms for elected officials are due by April 29, 2005.
2. Mayor and Council are invited to Inaugural Mass for Installation of Sister Margaret Stallmeyer, C.D.P. as the thirteenth President of Thomas More College. Inaugural Mass, April 28, at 4:00 P.M. at the Cathedral Basilica of the Assumption – Inaugural Reception, immediately following the Mass, at the Cathedral Gardens. Inaugural Ceremony to be held April 29 at 11:00 A.M. at Connor Convocation Center, Thomas More College. Inaugural Luncheon, immediately following the ceremony at Seiler Commons, Thomas More College. R.S.V.P’s are due by Monday April 16th.
3. 5- K Run Saturday, June 4 at 9 a.m. Pre-Registration required forms to register are available at the City Building – due Wednesday, May 25. Event benefits the Kenton County Public Library Foundation. The race passes through the City of Ft. Mitchell, Lakeside and Crestview Hills. Mr. Groth will get with those cities regarding safety. Cost to register $12 or $20 including a T-shirt. Packets available for pick-up the day of the race.
OLD BUSINESS
A. Mayor Meier updated Council regarding the Advanced Life Support (ALS) - The Mayors Group Committee has negotiated a contract with Trans-Care. Seven cities were negotiating with Trans-Care. The City of Edgewood opted to join with the City of Erlanger for ALS services. The cost to Crestview Hills will be $21,090 per year. Contract will run from July 1, 2005 through June 2006. There will be soft billing, which means there will be no cost to citizens. A copy of the contract will be presented at the May meeting for Council’s review.
NEW BUSINESS
A. Resolution 2005-4-1 – To enter into an Interlocal agreement with the Northern Kentucky Area Planning Commission (NKAPC) for Unified “One Stop Shop” Codes Administration as defined by Kentucky Revised Statute 65.230 & KRS 65.240 and pursuant to KRS Chapter 100, the uniform state building code; pursuant to KRS Chapter 198B, and the International Property Maintenance Code and other applicable local ordinances when a violation of them has been classified as a civil offense pursuant to KRS 65.8801 to 655.8839; pursuant to KRS Chapters 99 and 100 and whereas the City authorized to create a Code Enforcement Board which shall have the power to issue remedial orders and impose civil fines as a method of enforcing a local government ordinance pursuant to KRS 65.8808.
Dan Groth reported that the Economic Development Committee met Thursday. They discussed the services offered by NKAPC to Northern Kentucky Cities. There are several different options. The committee decided that Level 2 of the “One Stop Shop” services was the better choice for the City. Level 2 will be a uniform maintenance code, whereby submission is made to NKAPC, fees are paid directly to NKAPC with no pass through of funds to the City.
Mr. Mando stated that the Resolution gives the Mayor power to enter into an Interlocal agreement with Northern Kentucky Area Planning Commission (NKAPC). The second reading of the Items B. & C. should take place following the passage of Ordinance 2005-4-1 and 2005-4-2.
Mayor Meier suggested that resolution be postponed until next Council meeting after the Second Reading of Ordinance 2005-4-1 and 2005-4-2.
B. First Reading of Ordinance 2005-4-1- To adopt the Residential Property Maintenance Code (BOCA) pursuant to KRS 100 and KRS198B.
Mr. Laird inquired whether current situations are grandfathered. Has item per item been compared?
Mr. Mando stated that the BOCA Code deals with maintenance.
Mr. Moser stated that there is nothing in the State BOCA Code that would put this in question.
Mayor Meier suggested that if there are particular items that Mr. Laird wishes to research on an item per item basis that he make a list of those items.
Mr. Sommerkamp stated that part of Council had not had time to read the code thoroughly, since everyone had not received the Code until today. He suggested that staff highlight items that could possibly conflict with past applications of present ordinances.
Mr. Mando, City Attorney, stated that Northern Kentucky Area Planning Commission (NKAPC) has done a study with regard to how the BOCA Code relates to the present ordinances of the City. Perhaps, NKAPC could provide more information about that study.
Mayor Meier stated that this will be considered first reading of Ordinance 2004-4-1, to be presented at the May Council Meeting for second reading.
C. First Reading of Ordinance 2005-5-2 – An Ordinance amending Ordinance No. 950.8 of the City of Crestview Hills Commonwealth of Kentucky Ordinance Pertaining to the establishment of Fees for Zoning Permits, Building Permits, and Building/Life Safety Code Permits in unincorporated Kenton County. This adopts Service Level 2 of the “One Stop Shop” service offered by Northern Kentucky Area Planning Commission (NKAPC).
Mr. Mando explained that Northern Kentucky Area Planning Commission (NKAPC) has not yet set the fees for the service, and the fee schedule is being reviewed by the County Attorney’s office. A copy will be forthcoming when those fees are set. Also, the Ordinance will reflect that the City wishes to contract for Level 2 service instead of Level I.
Discussion followed:
Mr. Sommerkamp explained why the Committee recommends Service Level 2 instead of Level 1. Level 2 gives the City the means to join with Code Enforcement Services.
Mr. Maloney concurred that the committee chose Level 2 for that reason and the city has a provision to opt out.
Mr. Mando read the Ordinance.
Mayor Meier declared this to be first reading of Ordinance 2005-5-2. Information will be provided before the next meeting.
D. Proclamation
Mayor Meier declared May 1 – May 7, 2005 to be Municipal Clerks Week in the City of Crestview Hills.
Public Works – Mr. Sommerkamp reported on the following:
Finance- Mr. Laird reported – FY2005-2006 budget will be presented for first reading at the May, Council meeting.
Fire & EMS- Mr. Jansing, Ft. Mitchell Fire & EMS reported that a strap broke while the construction crew was moving a propane tank on the construction site of the Max & Erma’s Restaurant. A valve was sheered off the tank. HASMAT was called to the scene and traffic was stopped on Dixie Highway for 6 ½ hours. The valve was plugged.
Mr. Maloney inquired with regard to whether the builders would pick up the expenses for fire and police personnel expenses. Mr. Jansing stated that Ed Burke was on the scene and he will be responsible for the process of determining if funds will be forthcoming. Mr. Jansing will keep the City posted on the process.
Development & Zoning – Mr. Sommerkamp reported:
1. Applebee’s requested about 16’ for an outside smoking area, which means that vegetation would be removed and concreted. The committee will discuss the matter at the next meeting.
Mr. Maloney opposes taking out any landscaping.
2. Abuelo’s and The Pub restaurants want to put an awning over 5’ of sidewalk and be granted permission to have outside dining and 5’ of open sidewalk.
Mayor Meier expressed concern that there is not sufficient room for the tables and sidewalk to allow both the restaurants that permission. Mayor Meier further thought this could have some bearing on the license to sell liquor requiring a fenced in area. He does not want people wandering between the two buildings where both are serving alcohol. The committee will need further information and will discuss the matter at their next meeting.
3. Anderson Realty has requested seating be placed on each side of the main entrance, which has planters and sidewalks. There will also be planters in this area. Limitation of adequate walkway was a concern. Questions were raised whether there would be enough room to accommodate the public as regards disabilities, children’s strollers, etc. Mr. Anderson will revise the plan and get back to the committee at the next meeting.
Mr. Kramer explained that Council will need to decide whether the above requests represent minor or major changes to the original Town Center plans. Dan Groth, as Zoning Administrator, may need to make rulings on the projects, and, if he turns them down, Mr. Anderson could ask for a Board of Adjustment ruling.
Much discussion followed: Concerns were expressed by Council whether there was too much deviation from the original Stage I and Stage II Plans. Mr. Sommerkamp suggested that though Mr. Groth has authority to turn down or accept certain zoning matters he should exercise care and bring these matters to the Committee for consideration so that the matters may be decided in an agreeable manner by the Council.
Mr. Jansing, Fire Inspector asked to be at the next committee meeting when the above matters are discussed.
4. Mr. Sommerkamp reported that there is concern with regard to the Centre View & Rhine Valley, Quast project. Quast Developers have requested 200,000 cubic yards of fill dirt. Concern is that this will present an erosion problem. Mr. Berling reports that Quast Developers are nowhere near answering the questions regarding the project. A performance bond should be forthcoming from them. There must be more information gathering before presentation of Stage I.
Building Committee – Mr. Groth reported that the Committee discussed whether to build or add onto the present building. RFQ’s were requested and he received 13 applications. Four of those applications were considered. The committee then narrowed the selection to two firms. Humpert/Wolnitzek and CDS Architects. The Committee chose CDS Architects. A decision was made to go with a new building. Mr. Tim Green and Mark Bruggeman, CDS Architects presented a handout showing the fixed costs and some scenarios such as the addition of sprinklers, at generator, etc. The Architects will meet periodically with Administration, Council, and the Police Authority to determine the needs of all concerned. The schedule is quite aggressive to guarantee that the project can beat inclement weather in the fall.
Motion to accept CDS Architects as recommended by the Building Committee: Ralph Laird Second: Frank Sommerkamp
Motion carried.
Recreation
Mr. Meier reported:
1. The Easter Egg Hunt was a success. He will meet with Connie Smith, Thomas More College to request that the hunt be held at Thomas More next year.
2. Reds Outing – about half of the 60 tickets purchased for each of the three games have been sold.
3. The Committee will meet soon to discuss the Annual Golf/Picnic Outing that has been set for Tuesday, August 9, a Florence Freedom Night, Renfro Valley Trip, and Kings Island Outing.
Personnel Committee
A meeting is scheduled for May 4, 2005 for staff review.
Safety- Mr. Kramer reported that the Committee discussed the concerns of the Police Department with regard to determining their obligations concerning the new building. Lakeside Park also needs to know their obligations as well. Mr. Kramer stated that from a personal standpoint he would like to see the City keep Lakeside’s obligation to a minimum due to Lakeside Park not overly charging the City for housing fees over the years. Mayor Meier stated that the Finance Committee will be forthcoming with this information in the next couple of months.
Telecommunications – Mr. Mando will look into the Cable Board changes.
Communications – A newsletter will go out next week.
Motion to Adjourn: Ralph Laird Second: Joe Maloney
Ayes carried.
____________________________ ______________________________
Mayor Paul W. Meier Acting Clerk, Judy R. Cox