CITY OF CRESTVIEW HILLS

MINUTES - REGULAR COUNCIL MEETING

August 9, 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:  Mrs. Terri Jameson, Messrs. Ralph Laird, David Kramer, Joe Maloney, Harold Ries, and Frank Sommerkamp

APPROVAL OF AGENDA  -  Approved as submitted.  Ayes carried.

Motion: Mr. Kramer                     Second: Mr. Sommerkamp

 

APPROVAL OF MINUTES -  Motion to Approve the minutes of the regular meeting of July 12, 2001, with the following corrections:  Page 3, Second Paragraph Public Utilities – the word Gran-fathered should read Grand-fathered. Page 4, Economic Development - Motion to approve should read:  the Motion to approve the Stage I and Stage II - 2-story, 41,000 square foot office building on Centre View and Chancellor Drive subject to staff approval as recommended by the Northern Kentucky Area Planning Commission.

Motion:  Mr. Kramer        Second:  Mr. Ries

 

CITIZENS AND GUESTS

1.     Colonel Paul Herbst, Chief of Lakeside Park/Crestview Hills Police Authority.

2.     Mrs. Kathleen Corniel, Board Member, Lookout Farm Homeowners Association.  Mr. Ries asked that Officer Russ Lubrechet be commended for the speech given for the senior citizens at ATRIA Summit Hills.

CITY ADMINISTRATOR’S REPORT

Mayor Meier reported for Mr. Celarek, who was absent due to illness:

1.      The August 13, Chamber of Commerce, Government Forum that had rescheduled for August 17 has been canceled.

2.      Chamber of Commerce, Annual Dinner scheduled for Tuesday, September 25, 2001 at Turfway Park.  Call the City to make reservations.

3.      KC&MP&ZC –  A matter before the KC&MP&ZC, that would allow developers to bypass local Boards of Adjustments and be automatically granted variance and setbacks, was tabled.  Mr. Meier stated that a great number Northern Kentucky cities strongly opposed this action, preferring to keep those decisions at the local level.

4.      Annual NKADD meeting will be held at Receptions on Monday, August 20.

5.      The Kentucky Annual Convention will be held in Owensboro October 3 – October 6.  Mr. Meier & Mr. Celarek will attend every day.   Mr. Sommerkamp will be in attendance for several days.  If anyone else on Council wishes to attend, please call and reserve a spot by next week.

6.      Mr. Meier will attend the Local Issues Forum on Tuesday, August 14 in Louisville.

7.      Recognition Awards honoree nominations for the 50th Anniversary Dinner in November are due by the end of August.

8.      The Mayors Meeting will be held at Fort Mitchell city building on August 19th.

 

OLD BUSINESS

A.  Public Utilities

Cinergy Power Plant - Mayor Meier reported that all Committee meetings regarding the plant are on hold due to Cinergy’s six month postponement of the project in order to comply with the spirit of the moratorium put on further power plants by Governor Patton.  “Cinergy will not seek another zoning permit from Erlanger for six more months.”  Mayor Meier stated that 8 or 9 other Northern Kentucky cities have made an appeal to the State Office of Administrative Hearings, the purpose of which is to appeal the Air Quality Control Permit that has been issued by the Environmental Protection Cabinet.”  Mr. Meier asked Mr. Mando to comment about the appeals process. 

 

Mr. Mando stated that the first hearing before the Board of Administrative Hearings is to be on Tuesday, July 17, 2001 at 2:00 PM.  This is a status hearing, the purpose of which is to exchange information, complete discovery, and perhaps set a final date with the Office of Administrative Hearings for the receipt of information.  Since the last Council meeting, Mr. Mando’s office has filed a response to the Natural Resources Environmental Protection Cabinet petition, which takes the position that the Air Quality Permit was issued in accordance with law.  Cinergy has not filed a formal response but has made a motion to dismiss, which is a tactic that we anticipated when we filed the petition.  Mr. Mando stated that his office is in the process of filing a response, which will be filed in a timely fashion.  He feels confident about our position in respect to that motion. Mr. Mando will be in a position to give Council a substantive report after that initial hearing next week.

 

Mr. Kramer asked Mr. Mando if there is a time limit on the Air Quality Permit.  Mr. Mando replied that there is but he is not sure of the date.  Mr. Kramer asked about the status regarding Erlanger’s denial of the building permit.  Mr. Meier answered that Cinergy can appeal through the Board of Adjustments but this will probably not be the case because of time limitations on Board judgments.  Mr. Mando stated that Cinergy is probably going to reapply for the building permit after the six-month moratorium. 

 

Mayor Meier stated that he talked to Bill Scheyer, Erlanger Administrator today and he and Mr. Scheyer agreed that it would be beneficial to look into putting development controls in place should the plant be built.  A committee for this purpose, consisting of business people from Erlanger and Crestview Hills has been meeting. Tom Cheney, Cinergy asked the committee to discontinue meeting pending further events because of Cinergy’s cooperation with the moratorium.

 

Mayor Meier stated that possibly the State could come out with stricter environmental controls.   Mr. Kramer asked if the moratorium has a time limit.  Mr. Meier stated that it is six months.  Mr. Laird asked if any other cities are financially backing the project.  Mayor Meier stated that the City of Erlanger has filed its own appeal and is financially responsible for that.  Mr. Ries asked whether any other cities have been approached about financial assistance?  Mr. Mando said that he is breaking down expenses during billing of charges to the city.  After the meeting on July 17, he will have a better idea of overall expenses and will have a breakdown for Council at the August Council meeting.

 

Mrs. Jameson asked about the effect of pending legislation in January?  Mayor Meier stated that the plant could be considered granfathered under the old laws or it may be that due to Cinergy’s cooperation with the moratorium and suspension of the project for six months the project could fall under the new legislation.  Mayor Meier  will write a letter to Cinergy soon, requesting information regarding Cinergy’s future intentions. 

 

Mr. Kramer asked Mr. Mando whether it could present another legal issue for the City should there be an attempt to make the new legislation retroactive?  Mr. Mando replied that the possibility exists that the matter could go to Franklin Circuit Court and it could be well past six-months.

 

 

B.  Safety Ordinance 2001-6-1

Mayor Meier presented this ordinance to implement a stop sign at Legends Way and Palmer Court.  Mr. Celarek stated the Mr. Berling, City Engineer had endorsed the installation of the sign.  Tony Berling is in attendance for Mr. Berling this evening.  Mr. Sommerkamp stated that two hearings of the committee have been held regarding the matter.  Speaking for the constituents the sign was installed for safety pure & simple.  Mr. Meier asked for discussion regarding the sign. 

 Motion to adopt Ordinance 2001-6-1 to install a stop sign at Legends Way and Palmer court made by Frank Sommerkamp

Seconded:  David Kramer

All Ayes – Motion Carries

NEW BUSINESS

1.    Economic Development

Mr. Hargis, Sr. Vice President of the Hemmer Company requested Stage I and Stage II approval for a two-story office building at Centre View Blvd. & Chancellor Drive.  Mr. Hargis has met with the Economic Development four times.  He presented a letter to the Economic Development committee, a staff report from Northern Kentucky Area Planning Commission.

 

The building plan is for a 2-story and 41,000 square feet office building.  The plan is similar to the Chapel Place AB&C buildings.  This building will be on Lots 16A&F which covers four acres.  The building will set on the rear of the site.  Plans are for 220 parking spaces.  The building will face Centre View Blvd.  The already approved driveway should be sufficient.  However, Hemmer is requesting another entrance beside the condo association property.  Hemmer anticipates the building to be occupied by 50% medical and 50% office space.  This creates the necessity for wheelchair access, which in turn necessitates the need for the additional entrance.  The floor plan is similar to the plan for Chapel Place C modified somewhat in general appearance.  There will be a flat roof as does Chancellor Commons A & B and 20% will be standing seam.  The brick will be similar with a different color glass.

 

The letter from the Economic Development Committee wished the answer to the following:

2.     Who will maintain the storm retention pond?

Ans.  – The owner of Thomas More Center will be responsible.

3.     What kind of exterior lighting?

Ans. – C2.03 lights on 25-foot poles with maximum of ¼ foot-candle.  There are already four streetlights in place.

4.     Mayor asked for a landscape plan?

Is provided?

5.     Trash removal?

There is an existing trash disposal system that will be enclosed.

 

Mr. Hargis stated that calculations will be provided regarding the parking spaces.  Mr. Celarek stated that the five mailboxes and Fed-X Box will be moved from Centre View Blvd.  Mr. Hargis explained that the boxes presented a hazard.  Hemmer Company has contacted the Post Office to have the boxes moved.

 

Mr. Kramer reported that the Economic Development Committee was in unanimous approval of the project.  Storm water calculations have been approved by letter from the Northern Kentucky Area Planning Commission.  Landscape, signage and lighting have been addressed sufficiently by Mr. Hargis. 

 

Motion to approve the Stage I and Stage II –2 story 41,000 square foot office building on Centre View and Chancellor Drive according to recommended and conditions by the Northern Kentucky Area Planning & Zoning Commission:   Mr. Kramer

Seconded:  Mr. Sommerkamp

 

All ayes – motion carries.

 

Mr. Hargis stated that grading will begin August 1 and that the project will be finished in 7 or 8 months.

 

Mr. Laird recommended that a pull off should be constructed for the mailboxes.  Mr. Maloney was in agreement.   Mr. Sommerkamp inquired whether the Thomas More Center group convened regular meeting.  Mr. Hargis said that he did not attend those and was not aware when they were held.  Mr. Celarek said he would look into it.  Mr. Celarek asked Tony Berling to consult Jim Berling about making a pull off.  Mr. Celarek stated that the Post Office had taken the boxes out completely.  He will contact the Post Office to put the boxes back temporarily until a pull off can be constructed.

 

Mr. Meier stated that the private drive had been discussed and he believes it should remain a private drive.  Mr. Hargis stated that the present pavement may not meet the criteria for a subdivision street.  The street will be given a name and Hemmer will continue to maintain the street.

 

Mr. Meier stated that all lots in the office park have dedicated road frontage with the exception of one lot.  There is some question regarding flag lots that will need to be addressed at a later date.  Mr. Meier recommended that the lot be made into green space.

 

6.    Proclamation

Mr. Meier read a proclamation to declare July 20, 2001 Reverend William Cleves Day in Crestview Hills.  Mr. Meier added that Father Cleves has been president of Thomas More College for 9 years and is now resigned.  A meeting his honor will be held at the World Peace Bell, Newport, Kentucky at 6:00 PM on July 20 followed by dinner at the Syndicate at 7:00 PM. 

 

Motion to declare July 20, 2001 Reverend William Cleves Day in Crestview Hills:  Frank Sommerkamp

 

Second:  Mr. Laird

 

All Ayes – Motion Carries

 

 

COMMITTEE REPORTS

Public Works -  Mr. Sommerkamp reported:

1.     Straw and netting for restoring the right-of-way for work on Thomas More Parkway is down.  Striping will take place in the next ten days and Barrels will be removed within the next 30 days.

2.     Lookout Farm original entrance lanes have been completed.  Pouring has begun on the exit lanes and will be finished within the next 2 weeks at which time seeding will begin.

3.     Blacktopping will be done in the next 60 days on Darby Dan Court.

4.     A pole, that was obstructing the left hand turn lane on Horsebranch & Orphanage Road has been removed.

5.     Blacktopping on Calumet Court has begun and will be finished in the next 60 days.

6.     The 72” pipe on Campus is complete in accordance with regulation.

 

Mr. Meier expressed gratitude for the patients of residents due to the projects in process.

 

Mr. Sommerkamp commented that the Thomas More Parkway project took so long to complete because the existing turn lane needed extensive repair from Villa Madonna Drive to Turkeyfoot Road involving $25,000 - $28,000 additional cost.  Mr. Meier pointed out that $100,000 was financed by the State of Kentucky.

 

Mr. Celarek stated that the Dry Creek area at the rear of Springside Drive is being worked on by the Sanitation Dept. because the odors still exist in the area.

 

Finance - The City audit is scheduled for Tuesday.

 

–  Economic Development –

1.     Discussed possible change to zoning ordinance involving privacy fences.  Mr. Maloney will meet with Mr. Blair and Mr. Celarek to discuss the matter.

2.     The private drive off of Centre View was discussed.

3.     Hemmer office building for Centre View was discussed.

 

Mr. Maloney stated that the present fence ordinance reads that a 4’ fence is allowed unless the resident has a pool then a 6’ fence is allowed.  Various individuals have disputed the ordinance recently.

 

Mr. Celarek said he and Mr. Blair, Zoning Consultant will look at the issue for the next meeting.

 

Recreation –Mrs. Jameson expressed thanks to those who worked on the float for the Edgewood and Ft. Mitchell parades.  Especially to Colleen & David Bright and Mrs. Flagherty. 

          The 50th Anniversary Picnic will be July 28, at Thomas More Parkway from Noon – 5:00 PM. 

            An Anniversary Dinner Dance is planned for November to be at Summit Hills County Club.  $25 per ticket.  A newsletter will go out soon detailing the event.

 

Telecommunications -  

Mr. Meier stated that the Countywide Telecommunication contract is on hold pending further research with companies.

 

Adjournment -   Motion to Adjourn – Ralph Laird

                        Seconded:  Joe Maloney

 

All ayes.   – Motion carries

 

                                                                                    Transcribed by Judy Rae Cox

                                                                                    Administrative Assistant

 

 

____________________________                     ______________________________

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