CITY OF CRESTVIEW HILLS
REGULAR COUNCIL MEETING MINUTES
THURSDAY, JULY 8, 2004
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 Mrs. Terri Jameson,
Messrs. David Kramer, Joe Maloney, and Frank Sommerkamp. Mr. Harold Ries and Mr. Ralph Laird were
absent.
APPROVAL OF AGENDA - Approved as submitted.
Motion: Mr. Sommerkamp Second:
Mr. Kramer
APPROVAL OF MINUTES – Minutes from the meeting of June 10
were considered. Mr. Kramer desired the second sentence, fourth line under A)
New Business, read, “The committee recommended approval of the zone change for
the project and recommended approval of the project subject to
conditions.” Minutes approved as
amended.
Motion: Mr.
Kramer Second: Mr. Sommerkamp
CITIZENS
AND GUESTS
Colonel Paul Herbst, Chief of Lakeside
Park/Crestview Hills Police Authority was present, as was Brenda Sebastian from
777 Right Fork Rd. Mrs. Sebastian
wished to approach council in an attempt to obtain assistance with a problem
she and her neighbor has with a lack of water in their wells. She stated her belief that heavy commercial
development at St. Elizabeth Hospital and in the research park [on the hill
behind her property] has diverted water that would naturally fill the
wells. Mrs. Sebastian would like to
work out a solution with the City’s assistance, with the Northern Kentucky
Water District to be able to tap into “public water.” It would cost over $57,000 to bring piped water to Right Fork Rd
according to figures obtained by Mrs. Sebastian. Mayor Meier and Mr. Berling stated that alternate water routes
could be explored and the City could recommend options as it would take little
effort to research water drainage and current piping routes.
1) The Dixie Hwy. Corridor study will
host an educational and information gathering open house, which will allow
members of the study team to share data gathered to date with the public. It also presents a chance for the community
to share its concerns about traffic flow and congestion on Dixie Hwy. The open house will be held Monday August 9
from 4:30 to 7PM at the Northern Ky. Area Planning Commission on Royal Drive.
Mr.
Groth reported on the following:
1.
Eggs and
Issues will be held Tuesday July 20 at Five Seasons Country Club with Jeff
Anderson as the featured speaker. Jeff
will speak on the Town Center project.
2.
Mr.
Groth has ordered a gray 2004 Chevrolet Impala at a cost of $16,500 to serve as
the new City car, currently driven by the Administrator. The 1997 Ford Taurus will be declared
surplus property when the Impala arrives and sealed bids will be accepted. Details to follow.
3.
A letter
was received by Ky. Dept. of Transportation announcing David Jones replacing
Sam Beverage as the head of district 6.
4.
August 5
has been set as the hearing date for the zone change on “short” College Park
from R1bc to R1bd with setbacks similar to those on Legends Way.
OLD
BUSINESS
A. Second
Reading of Ordinance 2004-6-2
– Lawson Walker, attorney representing Vincent Smith Family Trust, told council
that the biggest concern is with the language in section 1, number 3, page 2 of
the proposed ordinance. The Trust has
certainly agreed not to use an access between the apartments and the medical
office building project. Mr. Walker is
not sure that the easement can simply be eliminated in the sense that it is a
deeded easement.
Earlier
in the project proceedings, a condition was approved that would allow access
for emergency vehicles only. However,
that condition has been changed to number 3 under section 1, which states
desired elimination of the easement altogether.
Mayor
Meier wondered if the easement could be quick claimed by both sets of property
owners (lot 5 and the current lot through which Napa Valley Lane
traverses). Mr. Walker noted that since
the lot was purchased either at the time or before the Erpenbeck foreclosures
began, that one of the Erpenbeck family is still a trustee of the existing
ownership and negotiations between parties could take quite a long time. The current owner (LOT 5, Smith Family
Trust) does not have the sole right to eliminate the easement.
Discussion
occurred on what would happen to the property should the current proposed
development [on lot 5] not take place and the City Council should remove the
number 3 condition from section 1. The
property could stay as RP-1 but the Smith Family could have problems selling
the property to prospective buyers, as there is interest from other developers
to build more apartments on the lot. So
the new owner, should the property not be developed as an office building and
sold by Smith Family Trust, would have to return to council to request a zone
change back to R2b from RP-1. Mr.
Walker does not believe that will happen, however wants to entertain all
possibilities.
Mr.
Jeff Mando, City Attorney, stated that the language for the Ordinance as
presented, came from either the Economic Development meeting or the Area
Planning Commission. It was agreed
[between Mr. Mando and Mr. Walker] that the current language could be kept,
however it would not be enforceable.
The clearest solution would be to eliminate item 3 from section 1.
Mr.
Walker informed council that his client would not be able to do a stage I plan
without the zone change and would not agree to spend the money to conduct a
traffic study or hire a geotechnical engineer until the zone change was
approved and in effect.
Mr.
Walker approached the subject mentioned in the Tuesday July 6 Economic
Development meeting which was to eliminate the restriction of access to
Horsebranch Rd. It was assumed this
deletion could simplify the process by not having to conduct the [traffic]
study and lessening paperwork.
Regardless, however, the owner would not build a road not in compliance
with current regulations, or that had no City approval.
Various
scenarios were discussed regarding passage of the ordinance as is, or with a
modified item 3, if the owner would have to come back to council or Area
Planning with new or revised stage I plans.
Mr.
Mando suggested the following verbiage to replace current wording in item 3:
“that the existing access from Napa
Valley Lane be restricted from commercial use or from commercial traffic use.”
Mayor
Meier asked for approval of this language and members of council agreed upon
the wording as presented by Mr. Mando.
Mayor Meier referenced item 1, as brought up by Mr. Walker, by noting
that it should stay in the ordinance with no wording changes as it was
presented to NKAPC in that manner.
Mr.
Maloney felt there would be no problem of going back through whatever
procedures were necessary for whatever project was being presented for the zone
of discussion. After reading the
header, a motion was made by Mr. Maloney for approval of the ordinance with the
amended item 3 as stated by Mr. Mando.
Motion seconded by Mr. Sommerkamp.
Ayes carried.
NEW
BUSINESS
A.
None
COMMITTEE REPORTS
Public Works – Mr. Sommerkamp reported on the following:
1)
Eaton Asphalt Paving Co. is constructing the
new lane on Thomas More Parkway. The
work should be completed during July.
700’ will be added to the lane extending it from Villa Madonna Drive
entering Thomas More College to the first entrance to Five Seasons Country
Club. .
2)
The City is working with the Kenton County
Board of Education and the Kentucky Department of Transportation to construct a
new storm sewer from the Dixie Highway to a point in the rear of Caywood
School. This will help relieve the
storm water ponding problem in the rear yards of our residents on the south
side of Summit Drive. The field survey
work is complete and the project is in the design stage.
3)
The City will be improving the northeast side
of the Dixie Highway and Winding Way intersection by moving back the steel pole
for the traffic signal, removing part of the guardrail and building board fence
to match the southwest side of the intersection.
4)
The landscaping in the island on Turkeyfoot
Rd. is complete and growing nicely. The
south end of the island has been modified and paved. This job is complete.
Discussion
was held regarding whether an inquiry to District 6 of KDOT to extend slightly
the right turn lane from S. Turkeyfoot Rd. onto Mall Rd. would be of
benefit. Mr. Maloney commented that the
median strip was attractive and asked if other medians, especially those on
Dixie Hwy., be considered in the near future for Public Works beautification
projects.
Mr.
Sommerkamp asked Mr. Groth to remind Contract Sweepers to sweep Thomas More
Parkway from gutter to gutter.
Finance - C.R. Wirthlin gave a general description of the new USTI Asyst financial package, which the City recently purchased. The new system, once all the information is entered vital to the operation thereof, according to the demonstration from the vendor, should help the City better track constituent complaints, public works projects, property taxes, and financial reporting. The City has requested Kenton County Fiscal Court to present business licensing and taxing information so the program will be able to import and post the information.
Police Authority - Mr. Kramer noted that the board met and discussed parking on the sidewalks, which seems to be a more problematic in Lakeside Park. Chief Herbst informed council of the new Lakeside Park/Crestview Hills Police Authority website through which constituents can access new forms, information, and request vacation checks, etc.
Fire/EMS – Mayor Meier reported that Trans Care would provide advanced life support services until June 30, 2005. After that date, it is unclear if Trans Care will be able to garner enough cities participation to continue service at all. The City of Covington will provide its own paramedics beginning September 1, 2004, with Elsmere and Erlanger following suit February 1, 2005. Discussion was held on what cities could possibly contract with each other or if Trans Care could still be an option. Mayor Meier will update monthly.
Economic Development – Mr. Groth spoke about the new Quast building sign installation at 330 Thomas More Pkwy. Also, a foundation permit has been held up for Dillard’s construction as it was discovered that the new building would be slightly on Mr. Anderson’s lot and the rest on Mr. Dillard’s lot. The current mall lot has been divided into two lots and this has caused consternation at N. Ky. Area Planning. It is anticipated a solution will be worked out in the very near future.
CHEER – Mayor Meier stated that the contract with Bavarian has been extended for one year.
Recreation/Communication – Mrs. Jameson reported the city outing at Summit Hills Country Club would be Tuesday August 10 with golf starting shotgun style at 12:30PM. Prices will remain the same as last year, $50 per person to play golf, $10 per adult to dine buffet style afterwards, and $5 for children 12 and under. Dinner shall consist of “steak” burgers, hot dogs, and grilled chicken, with several salads and desserts. August 28 tickets remain for the City’s third and final outing to Great American Ball Park and Danbarry Cinema discounted movie passes remain.
Building –
Mr. Groth stated that the City is waiting on a topographical survey of the west
parking lot.
After general discussion, motion to
adjourn made by Mr. Sommerkamp, seconded by Mrs. Jameson at 8:53 PM.
____________________________
______________________________
Mayor Paul W. Meier City Clerk C.R. Wirthlin