CITY OF CRESTVIEW HILLS
MINUTES - REGULAR COUNCIL MEETING
MAY 10, 2001 – 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 Terri Jameson, David Kramer,
Ralph Laird, Joe Maloney, Harold Ries & Frank Sommerkamp.
APPROVAL OF AGENDA -
Approved as re-submitted. New
Business section B. Public Works Ordinance 2001-5-2. Ayes carried.
Motion: Mr. Ries Second:
Mr.Kramer
APPROVAL OF MINUTES
- from the regular meeting of April 12,
2001. Motion made to accept as
corrected Page 2 Item 4 Police spelling
of name Aaron Wagner not Darin Wagner.
Ayes carried.
Motion: Mr. Sommerkamp Second: Mr. Maloney
Ø
CITIZENS AND GUESTS
Mr. Celarek
reported on the following:
1.
The
State has passed a law necessitating that Board of Adjustments need 4 hours per
year and City Planning Staff shall have
8 credit hours of training per year for a total of 16 credit hours every 2
years.
2.
Design
Consortium, located in the Shinkle Mansion property will have a grand opening
on Friday, June 1, 6:00 to 9:00 PM.
3.
Northern
Kentucky Chamber of Commerce is sponsoring a meeting Thursday, June 14, 2001 at
5:00 to 6:30 PM for the purpose of
Northern Kentucky officials to meet with State legislators. Mr.
Sommerkamp recommended that it was an important meeting because it gives
Council a chance to meet with the State legislators and puts a face with a
Northern Kentucky representative’s name.
Mr. Meier stated that Council will take place at the regular time 7:30
PM – but recommended that Council members attend this reception.
4.
No. Ky.
City & County Administrators will meet at the Crestview Hills City Building
on Friday, May 18 at noon for the monthly scheduled meeting.
5.
The
Mayor’s Group will meet at the Crestview Hills City Building on Saturday, May
19 at 9:00 AM.
6.
The
Board of Adjustments met on April 23, 2001.
The Board granted a 20 foot variance for parking only to Panera
Bread. Panera representatives will
present drainage plans, landscaping plans, and lighting plans at the regular
June Council meeting. Mayor Meier asked
if this would include the signage. Mr.
Celarek stated that Panera is allowed one wall mounted sign and one monument
sign. Ms. Jamesons inquired whether
this meant that the variance started at the chain link fence (property line)
and went back 80 feet. Mr. Celarek
confirmed.
7.
The
Municipal Government League of Northern Kentucky will meet Thursday, May 17 at
6 PM at Northern Kentucky University.
Utilities
Mayor Meier gave an update regarding the proposed Cinergy power plant on Erlanger-Crescent Springs Road. Mayor Meier, Mr. Celarek, Patti Suedkamp of Erlanger, Representative Jon Draud, Riley Kinman of RNK Environmental, and Bill Scheyer of City of Erlanger met with Governor Patton on April 13, 2001 for thirty minutes to discuss citizen concerns about the location of the plant. Governor Patton expressed concerns about the location of the plant and agreed to contact Cinergy to discuss the close proximity of the plant to residential neighborhoods. However, Governor Patton informed them that no present State law exists regulating the distance power plants can be constructed near residential neighborhoods. This ties his hands as far as presenting a strong opposition to the building of the plant. Mr. Meier expressed appreciation for the assistance of Representatives, Lucas and Draud, Senator Westwood, and Governor Patton. Mr. Meier stated that the State of Kentucky issued an Air Quality Control Permit to Cinergy on May 4, 2001.
Mr. Meier expressed
the desire for continued effort to oppose the project on behalf of citizens of
Erlanger, Edgewood, Ft. Mitchell, and other Northern Kentucky cities. Mr. Celarek, Mayor Meier, Terri Jameson, and
Joe Maloney will continue to research ways to protest the building of the
plant. The next meeting of the committee will be May 15 at 6 PM at the Erlanger
Fire House. Cinergy representatives
have been invited to attend to answer unanswered questions and to inform
citizens of their plans now that the permit has been issued. The press and Phil Taliafaro, who represents
the Erlanger Citizens Committee, will be in attendance. The meeting will be about an hour long to
accommodate Erlanger’s regularly scheduled council meeting time at 7:00
PM. The Air Quality/Noise Abatement
Site Development Committee will meet on Thursday, May 17 at 4:00 PM as planned
at the City of Erlanger.
Mr. Meier informed council that Mr. Celarek had
gathered statistics about a similar plant that Cinergy plans for downtown
Cincinnati adjacent to the I-75 bridge.
Cinergy has preliminary approval from the Ohio Site Board for that
plant. Thus, adding to the pollution of
the area. Mr. Celarek reported that the
plant in Cincinnati would put out 262 tons of pollution versus 432 tons of
pollution that the Erlanger Plant would put out; a difference of 170 tons,
which staff finds to be disproportionate given that there is greater need in
Ohio for the energy. Riley Kinman, RNK
Environmental will attend a public hearing being held this evening about the
Cincinnati plant.
Mr. Maloney pointed out that the proposed location
of the Cincinnati plant is on the West End on the Riverfront in an industrial
area. Mr. Celarek pointed out that the
nearest residential dwelling would be 1,700 feet and the nearest Church 3,000
feet from the proposed Cincinnati location.
Mr. Celarek presented a summary of a 16 page report
from Dr. Kinman, RNK Environmental, suggesting that pages 1 &2 (the
summary) and pages 13, 14, 15 & 16 were of most interest. Mr. Celarek received a 12-page report about
new legislation from Representative Jon Draud.
Representative Draud intends to present this to the Kentucky Legislature
in January. This new legislation would
attempt to prevent further construction of peaking power plants in such close
proximity of residential neighborhoods in the future.
Mayor Meier suggested that the State should be held
to more rigid standards of informing cities and citizens when changes are made
to applications submitted by Cinergy.
Perhaps a more rigid paper trial that would allow citizen access to
information that affects Kentucky communities so that public hearings might be
held to discuss courses of action.
There was no information forthcoming from the State before Cinergy
applied for the permit or when Cinergy made changes to the application for this
plant.
Mr. Maloney suggested that perhaps Kentucky has been
targeted for more peaking plants due to the Kentucky’s lax or non-existing
regulations with regard to locating these plants close to residential
areas. Mr. Celarek stated that
according to an article in the Louisville Courier Journal, 18 natural gas fired
peaking plants with 5000 megawatts of power have been approved in the State of
Kentucky. The article’s implication was
that all this power is not used by the State of Kentucky but by neighboring
states.
Mr. Laird informed council of similar size peaking
plants being built on the Texas-Mexican Border. Texas was getting excess pollution due to the prevailing winds
carrying the pollution across the border.
Mayor Meier has been in contact with James Bickford
of the Division of Air Quality Control regarding procedures for appealing the
State’s decision to allow Cinergy the permit.
Mr. Bickford informed Mayor Meier that an appeal could be made to the
Office of Administrative Hearings. If
this brought no satisfaction the next step would be an appeal through the
Frankfort Circuit Court. Mayor Meier
asked Council for permission to begin this appeal process. Mayor Meier inquired of Mary Ann Stewart,
associate of Jeff Mando, city attorney, whether their office could make the
appeal or should an environmental attorney be consulted. Ms. Stewart said that her office has been in
contact with John Hornbeck, Division of Air Quality Control. Mr. Mando’s office can begin the initial
appeals process. At such time and
should the matter become too technical, Mr. Mando’s office will come back to
Council and request additional assistance from an environmental attorney. Mayor Meier asked Mr. Mando’s office to
begin looking into financial aspect of the appeal. When a more accurate cost is forthcoming he will request a budget
amendment from Council. prepare a
resolution on behalf of the Council to appeal.
Mr. Meier put a motion on the floor to approve Resolution
2001-5-2
- A Resolution of the City Council of Crestview Hills, Kentucky
Expressing Opposition to the Cinergy Mini-Power Plant Proposed to be Located in
the City of Erlanger.
Motion To approve – Joe Maloney
Second – David Kramer
All Ayes - Motion Carried Unanimously
Mayor Meier suggested
that the City work in conjunction with the City of Erlanger on the opposition
of the plant. Much discussion followed
with regard to the plant. Mary Ann
Stewart, attorney, informed Council that it may be several months before a
hearing date will be set in Frankfort.
Mr. Mando’s office will keep the city informed and Mayor Meier will keep
Council closely informed. Mr.
Sommerkamp inquired of Mayor Meier whether Lakeside Park and Fort Mitchell had
been fully informed and brought into the process. Mr. Meier and Mr. Celarek stated that they will be presenting
more information to Ft. Mitchell and Lakeside.
The main focus of concentration was getting citizens of Erlanger and
Crestview Hills organized for the letter writing and getting publicity
out. Mr. Maloney stated that the
prevailing winds blow toward Lakeside Park and Ft. Mitchell and those two cities
and the Lookout Farm area of this city would be the most vulnerable to the
pollution.
Ms. Jameson stated that
the plant would be the 4th largest air polluter in Northern Kentucky
and the largest air polluter in Kenton County.
Mr. Sommerkamp inquired whether the Federal Government was involved in
any way. Mayor Meier explained that the
Federal has little involvement – it is left up to the State to issue the permit
and enforce Federal regulations. .
Motion to Appeal the State of Kentucky’s issuance of an
Air Quality Control Permit to the Cinergy Corporation – Frank Sommerkamp -
Second – Terri Jameson
All Ayes – Motion Passed Unanimously.
Ø
NEW BUSINESS
Safety
Mayor
Meier presented Ordinance 2001-4-1 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 shall be 35 MPH.
Motion to accept – Ordinance 2001-4-1 – Frank Sommerkamp - Second – Harold Ries
All Ayes – Motion Passed Unanimously
Public Works
Mayor
Meier presented for a First Reading - Ordinance 2001-5-2, to prevent the feeding of wild ducks and
geese. Mary Ann Stewart presented the
ordinance as an amendment to Section 5-B of the existing nuisance
ordinance. There was much discussion
regarding the wording of the amendment.
Mr. Laird stated he thought the ordinance as proposed to be too
restrictive, as it would limit feeding of regular birds (i.e. birdhouses,
backyard feeders, etc.) and restrict kids who like to feed ducks. Mr. Maloney stated that to not have the
ordinance at all would punish those who were plagued with the nasty feces and
destruction by wild animals. Mr.
Sommerkamp said that he felt it very detrimental to health issues because of
the droppings of these wild flocks. Mr.
Kramer suggested that the ordinance be worded to indicate waterfowl rather than
wild animals or wild geese & ducks.
Mr. Celarek suggested that he and Mary Ann Stewart research the Nuisance
Ordinance further to clarify the ordinance.
Mayor Meier stated that this can be considered first reading but the
ordinance will be discussed further at the next meeting before second
reading. Mr. Celarek suggested that
Section 3, (penalty), should be clarified.
Finance
First Reading of Ordinance 2001-5-1 Budget for Fiscal year 2001-2002
C.R. Wirthlin, Clerk/Treasurer reported that the
budget will depict a deficit between revenue and expenditures of $305,000 which
will necessitate use of reserve funds.
These were due to the capital improvements on Lookout Farm Drive, Thomas
More Parkway, and Horsebranch Road. Mr.
Celarek stated that there will be revision of the budget formatting due to the
ongoing process of adapting the budget to required GASB compliance. T
This
was considered a first reading of the budget ordinance.
Mr.
Laird reported that he has scheduled a finance committee meeting this Monday,
May 14.
Ø
Committee Reports
Public Works
Ø Mr. Sommerkamp reported that the planners have done some markings on the ground where the second right hand turn lane is planned on Thomas More Parkway. The project will begin soon. There will be some delays due to the construction. The traffic signal will be reprogrammed by the state to control the traffic and allow cars from Fraternity to turn left..
Ø Lookout Farm Drive at Dixie Highway will be experiencing delays and rerouting of traffic due to the repaving.
Ø The mouth of Horsebranch where it dumps into Orphanage Road will receive a left turn lane. Bids will be in by next month for the project.
Ø Asphalt surfacing is planned for Claiborne Court, Darby Dan, and Calumet.
Ø Contracted work will be done on Campus Drive creek this summer.
When they rebuild Lookout Farm Drive, one side of Lookout Farm Drive will be closed completely for a period of time this summer. This will cause some detouring or traffic. Residents will be kept posted and every attempt will be made to cause the least effect on traffic flow. Mr. Celarek stated that when concrete is poured it takes a week of not driving on the area for the concrete to cure.
Finance
Mr. Meier stated that he has contracted for the yearly audit with Rankin-Rankin. The cost of the audit will be $3550, which reflects $150 increase over last years cost. There will be some extras charges of between $500 and $1500 to comply with the State GASB 34 compliance requirements.
Fire & EMS
The fire and EMS contracts have been negotiated but not yet written up.
Development & Zoning
Mr. Kramer reported on the following:
Ø The Peoples Bank expansion project was discussed. A citizen complaint had been made. The committee determined that the project was too near completion to accommodate the citizen request.
Ø Panera Bread – Updates have been received in order to reflect the changes made mandatory by the Board of Adjustments. These were presented.
Ø The committee discussed that a private drive connecting with Centre View Blvd. be made into a city street. Lots affected were 16A & 16F, which will be developed soon off of Centre View. A large, two-story building is planned on these two lots. The building will face in a direction causing it not to face Centre View Blvd. Lot 16D will not front Centre View either once it is developed. The situation would create flag lots that would interfere with fire service and the addresses would not be clear for 911 service. Mayor Meier suggested that a geo-technical engineer, City Engineer, and the Police Chief should be consulted regarding the matter.
Ø Mr. Kramer inquired about the PO1 Zoning for signage in the area. Mr. Ries thought the zoning should be reviewed due to some of the signage being issued as much as ten years hence. Mayor Meier stated that the zoning should remain the same in that PO1 Zone. It seems that there are businesses, in that area, because of their locations desire larger signs for advertisement purposes. Mayor Meier stated that if signage zoning is relaxed in that area it would create a tacky mismatch of signage sizes for advertising purpose and that is not a situation the City wishes to encourage.
Recreation
Ø Terri Jameson, Chair of Recreation Committee, updated Council regarding the 50th Anniversary Celebration events planned by the Committee. There will be a number of awards given at the dinner dance on November 10, 2001 at Summit Hills Country Club in recognition of outstanding citizens of Crestview Hills. Cost of the meal and dance will be $25.
Ø The August 22, Reds Game is sold out.
Ø Saturday, July 28 from 12:00 – 5:00 PM has been set as the date of the City Picnic.
Personnel
Mr. Meier reported that the committee will meet next Month to review staff appraisals.
Mr. Meier expressed wishes for a speedy recovery from hip surgery to Henry Stark, the City’s oldest resident at 102 years of age.
Ø ADJOURNMENT
Motion to Adjourn –
Ralph Laird
Second - Terri Jameson
All
Ayes – Motion Carried
Prepared by -Judy Rae Cox
Administrative Assistance
__________________________ __________________________
Paul W. Meier, Mayor C.R. Wirthlin,Clerk/Treasurer
Date Approved: ____________________