CITY OF CRESTVIEW HILLS

REGULAR MEETING COUNCIL MINUTES

MAY 8, 2003

7:30 P.M.

 

Call to Order – Mayor Paul Meier called the meeting to order with the Pledge of Allegiance and silent prayer.  Mayor Meier asked for special prayer for Larry West, Attorney.

 

Roll Call – The roll was called to determine a quorum.  Present:  Mrs. Terri Jameson and Messrs. David Kramer, Ralph Laird, Joseph Maloney Jr., Harold Ries and Frank  Sommerkamp, Jr.

 

Mayor Meier welcomed Harold Ries back from having had surgery.  Mr. Ries thanked the City for the flowers, while in the hospital.

 

Approval of the Agenda – The agenda was approved with the following amendment and deletion:  Item A under New Business- Tabled until next month.  Add under New Business Item E – First Reading of Ordinance 2003-5-3 – To require locks on commercial sprinkler systems.

 

            Motion:  David Kramer           Second:  Joe Maloney

 

            Ayes:  6            Nays:  0

 

Approval of the Minutes – The minutes of the April 10, 2003, Regular Council Meeting minutes were approved with the following correction:  1.)  Committee Meetings – Public Works Item #9 should read; Mr. Sommerkamp reported that the work on the drain along Summit Drive, instead of “work in the rear of Summit Drive”.   …..   also, that same item should state a financial burden for the Kenton County School Board instead of “for the County”

 

            Motion:  Harold Ries               Second:  Ralph Laird

 

            Ayes:  6            Nays:  0

 

Motion passed.

 

Citizens & Guests - Chief Paul Herbst, Lakeside/Crestview Hills Police Authority, Fire Inspector David Jansing, Ft. Mitchell Fire Department.

 

Chief Herbst asked to address Council.  Chief Herbst wished to let citizens know that the City is not in peril because of the recent tragedy at Applebee’s Restaurant.  There is no greater danger to citizen safety than before the incident.

 

Mayor’s Report

  1. Congratulations to Dan Groth, City Administrator, upon his graduation tomorrow night from Leadership Northern Kentucky.
  2. Banklick Creek Clean-up to support the Skate Park, which will be placed at Pioneer Park, will be Saturday – May 10th 9:00 AM to 4:00 PM.  Looking for skateboarders and roller bladders and/or teenagers and adults to get sponsors to help support the building of the Skate Park.  Those skateboarders, rollerbladders, and volunteers would work to clean up Banklick Creek on May 10 and sponsors would pledge a certain amount per hour.  No one will have to go into the water or into unsafe areas.  Green tape will mark those areas that are off bounds or considered hazardous. Mayor Meier has signup forms and release forms for those under18 years of age. 
  3. Municipal Government League of Northern Kentucky (MGLNK) – Thursday, May 15th at 6:00 PM – City of Ft. Mitchell.  Subjects are:
    1. Lake Williamstown Video/Presentation
    2. Northern Kentucky Road Project Updates – Kentucky State Transportation representative will speak.
  4. Mayor’s Meeting – Saturday, May 17th at City of Crescent Springs.
    1. Skate Park
    2. Mobile Data Terminals (MDT) – Computer units in police cruisers and fire trucks. According to an article in the Post, Kenton County.  Judge Executive Murgatroyd’s office is looking into funding this with grants and bonds. Various city police departments will also be responsible for part of the funding.
  5. Eggs & Issues – Tuesday, May 20th at Receptions in Erlanger.  The BEST Program will begin at 7:15 PM.
  6. June 17th – Kenton County Town Hall Meeting 7:00 PM at Atria Summit Hills – hosted by Crestview Hills and Edgewood.
  7. Northern Kentucky United – opportunity to meet with Kentucky Legislators  – Scheduled for Wednesday, June 18th.  This is a chance to meet with legislators on an off year to bend their ear about issues important to your city.  No application forms have come in yet, however, there is an online form.  The City will pay for Council members and spouse.
    1. Boat Ride with Legislators – 5:00 PM – 7:00 PM.  Registrations will be on the Belle of Cincinnati.
    2. Optional Reds Ball Game following.

 

City Administrator’s Report

  1. Graduation ceremonies for the Leadership Northern Kentucky Class of 2003 is this Friday night, 6:00 – 10:00 P.M., at the Cincinnati Marriott at RiverCenter in Covington.  Mr. Groth described the course as a wonderful experience and he hopes to use many of the aspects of the program in both his personal and professional life.  The course was 9 months.  It was worth the time and he recommends the course.
  2. Last week Mr. Groth attended the Robert L. Kline Annual Conference on the Management of Local Government.  Topics covered included:  Legislative Updates, Homeland Security, Risk Management, Reverse Auctioning, Investing and Borrowing in Your City, Consolidating and Integrating Technology, Corruption in Local Government, and Conflict Management.  This was a 2-½ day program.
  3. Upcoming committee meetings this month include: Public Works on May 15th, Recreation on May 23rd, and Economic Development on Monday, June 9th.  We also continue with our training for Board of Adjustment members at the City Building on the first Monday of each month, from 4:00 to 5:00 P.M.
  4. The Antique Auto Show, held last Sunday in the Crestview Hills Mall parking lot, was very successful.  All proceeds benefit the Beechwood High School Band.  Mr. Groth was told that they raised over $3,500.  There were over 150 antique cars displayed with trophies awarded in various categories.  In previous years, the event was held in the Beechwood High School parking lot, but the event out-grew that location.  Thanks to the management of the Crestview Hills Mall for their cooperation.  Also, thanks to local police, fire, and Sheriff Chuck Korzenborg for their cooperation.

 

New Business

Resolution 2003-5-2 – Supporting the Northern Kentucky Regional Farmers’ Market – Mayor Meier reported that at the last Mayor’s Meeting a group came and spoke regarding a problem of the Northern Kentucky tobacco farmer.  Due to cutbacks in the tobacco market, the farmer must raise other crops, such as various produce.  There are funds available from the State to start a regional farmer’s market.  An area has been chosen for this purpose on Scott Street in Covington between 6th & 7th Streets.  The State has asked local governments to pass a resolution of support for the project.    Mayor Meier asked for a motion of approval for this Resolution.

 

Motion:  David Kramer                       Second:  Ralph Laird

 

Discussion:  Mayor Meier asked if there was any discussion about the project or wording of the Resolution.  Mr. Sommerkamp suggested that there should be a whereas added to Resolution to assure that the nearby businesses, that will be displaced by the produce market, are adequately compensated.  Mr. Sommerkamp stated that in particular he was concerned about “The Point,” formerly the Northern Kentucky Association for the Retarded (NKAR).  Mayor Meier suggested Mr. Mando, City Attorney, assist with the wording for the Resolution to that effect, and the Resolution presented at next month’s regular Council meeting.  Mayor Meier asked Mr. Kramer if he would consider withdrawing his motion.  Mr. Kramer withdrew his Motion and Mr. Laird withdrew his second.  Mr. Kramer stated that if the businesses are taken by Eminent Domain then it is built into the law that they be reasonably subsidized for the loss of their businesses. 

 

Motion withdrawn.

 

Council will vote to withdraw from the Kenton County Animal Authority, an independent Authority jointly run by the cities of Kenton County.  Council asked to vote to contract with Kenton County Fiscal Court for purpose of Animal Control – to be under the direct control of the Kenton County Police Department.  The Kenton County Animal Authority will cease to operate. -

Dan Groth, City Administrator, reported - for many years the control of animals, in Kenton County, has been independently handled by the Kenton County Animal Authority.  The Authority now employs two wardens.  The wardens will become employees of the Kenton County Fiscal Court, and another warden will be employed.  The animal control officers will be under the direct supervision of the Kenton County Police Department.  The fee will remain the same at $1.35 per capita.  A sixty-day notice is allowed for formal withdrawal by the various city councils.  Mr. Groth sent a letter to Nancy Bowman, Secretary of the Authority, to give notice that the City is withdrawing from the present Authority.  Discussion followed:  Mr. Groth explained that there is a 4% window on the guaranteed $1.35 per capita charge until the contract expires.  Mr. Groth also explained that the City of Covington has its own animal control.  Covington was not a member of the Authority and will still not be part of the Fiscal Court’s Animal Control Department.  Mr. Kramer asked whether the City Administrators Group had presented the prospect of disbanding the present Authority and turning it over to the Fiscal Court.  Mayor Meier explained that the matter had been proposed as a joint decision of the Administrators and the Mayor’s Group.  Mayor Meier said the main reasoning was that the wardens would receive better supervision with the County.  The present wardens will gain better benefits and are pleased to be under the Kenton County Police Chief’s immediate supervision. Another benefit will be the means to pick up wild animals and cats.

 

Mr. Mando, City Attorney inquired whether there was an Interlocal Agreement governing the Authority and if all assets would be turned over to the Fiscal Court.    Judy Cox, Acting Clerk, who attended the final meetings, stated that there had been no outstanding liabilities or assets that the Authority agreed would present a problem and it was the consensus of all present that all assets be turned over to the County.

 

Motion to resign from the present Kenton County Animal Control Authority and to consent to contract with the Kenton County Fiscal Court for animal control services was as follow:

 

Motion:  Frank Sommerkamp, Jr.                    Second:  Terri Jameson

 

            Ayes:  6            Nays:  0

 

Motion passed.

 

First reading of Ordinance 2003-5-1 to adopt the budget for Fiscal Year 2003-2004  -

Mr. Laird reported that the copy received by Council this evening is a preliminary budget.  If anyone has questions, please contact the Finance Committee.  There will be a Finance meeting a week before next Council Meeting to fine-tune the budget.  Mr. Groth stated that the budget is 1.61 million and last year’s budget was 1.65 million. 

 

Mr. Kramer asked what accounted for a smaller budget this year as compared to last year.  Mr. Groth explained that it was because of the Thomas More Parkway Street Lighting Grant last year.  Mr. Kramer asked if there could be a spreadsheet showing a breakdown comparison of last years and this year’s budget.  Mr. Meier said that is possible and will be forthcoming.  Mr. Laird explained that the partial, accrual basis accounting does not as readily show the breakdown as the past system of accounting.   

 

Mayor Meier explained that there are some differences, such as the breakdown for street maintenance, which must become part of the capital outlay to be depreciable under the new mandated accounting requirements.  Mayor Meier stated that on the last page the Police Authority figures need to be double-checked.

 

First Reading of Ordinance 2003-5-3 to require locks on commercial sprinkler systems – Mayor Meier introduced Dave Jansing, Fire Marshall with Fort Mitchell Fire Department.   Since the City of Crestview Hills contracts with Fort Mitchell for fire protection, the department is asking Crestview Hills to pass an ordinance making it mandatory that lockable sprinkler caps be required on the sprinkler system connections.  The purpose of the lock is to keep children from putting rocks and small articles in the connections.  There have been instances where the sprinkler heads being removed and articles shoved into the fixture.  When those are hooked up to the hoses in an emergency situation. 150 pounds of pressure is put on the unit.  This interferes with the internal workings of the sprinkler system.  This happened to the sprinkler system at Top Flight Gymnastics system. 

 

At this time, the Building and Fire Prevention Codes do not contain a clause for the requirement of a lockable cap.  This is true nationwide.  There is a company that makes a lockable cap.  There are cities throughout the country that have enacted an ordinance requiring facilities who have sprinkler systems within a six month period of time, change out the existing cap they have on the unit to a lockable cap.  The lockable cap is controlled with a key that is controlled by the Fire Department.  Fort Mitchell passed this ordinance.  Crestview Hills and Lakeside Park each need to pass an ordinance to the same effect.  Six businesses in Crestview Hills, protected by Edgewood Fire Department, already have the key.  Mr. Jansing spoke with Chief Mesmer of the Edgewood Fire Department, who is fully on board and has no problem with it.  The purpose is to keep down vandalism and not have a disaster at a time when the sprinkler would be desperately needed.  If Crestview Hills had adopted a fire code, and this had been a stipulation in the fire code, an ordinance would not have been necessary.  Since this is not the case, the ordinance is necessary. 

 

The commercial buildings under construction would be required to comply and those already in existence would be given six month’s to purchase the lockable caps.  You are looking at a cost of $200 to $250 for each cap for about 18 or so businesses.  Mayor Meier asked Mr. Jansing if the business did not comply, would there be a penalty?  Mr. Jansing said that Fort Mitchell had set the penalty at $300 per day of non-compliance after the six-month period expires.  As soon as the ordinance is adopted they intend to send each business a letter with a copy of the ordinance and an explanation letter to go along with it.  When they receive the letter, which will instruct them to get in touch with the fire department, the department would order the lock for them after receiving payment and have it shipped to their business.  When the lock arrives, the business would call the department and the department would send someone out to install the lockable cap. 

 

Mr. Laird asked if the Mall is covered under this.  Mr. Jansing said that this would affect only the Dillard’s Furniture Store.  The rest of the Mall is a sealed unit.  It is what is known as a flow system.  The Dillard’s Furniture Store has a sprinkler unit in the front next to the loading dock.  That part of the unit was built when the Mall was built in 1979 and Dillard’s Furniture Store came in later.  Mr. Kramer asked whether it was standard to build sprinkler units now?  Mr. Jansing explained that a typical sprinkler system will flow about 15 gallons of water a minute on it’s own.  When the fire department hooks into it at 150 lbs of pressure, it ups that to about 30 gallons a minute.  That is like having firemen standing in there every 10 square feet. 

 

Mr. Laird asked whether there could be some sort of rebate offered to those businesses who complied, because it seemed $200 -$250 is a lot of money for one business to pay for the lock.  A variance on taxes, or something similar for a year, would help offset the cost to the business.  Mr. Kramer stated that the reward would be realized in greater safety for the business.  Mayor Meier asked Mr. Jansing how much it cost Top Flight to get their system fixed when their system became stopped up with rocks.  Mr. Jansing said it cost Top Flight approximately $500 to $1000 to get the sprinkler fixed.  Mayor Meier pointed out that labor charges are being saved for the companies when the fire department picks up the cost of labor for installation.  Mayor Meier said he does not think it’s appropriate for the city to consider reimbursement to the companies. 

 

Mr. Groth asked if one key fit all.  Mr. Jansing said yes, it is a universal key.  Discussion followed.  Mayor Meier proclaimed that this reading to be first reading.

 

COMMITTEE REPORTS

 

Public Works

Mr. Sommerkamp reported that he, Dan Groth, Jim Connelly and Jim Berling had the annual tour of the streets.  Ninety percent of the streets are in excellent condition.  There is the need for some corrective maintenance, but primarily preventative maintenance on the street edges are needed to avoid deterioration, sealing of streets and some of the streets need sections removed and replaced.  Overall the streets are in good shape.

 

  1. Parts of Vernon Drive and Rossmoyne will be rotomilled, patched and resurfaced from Sunset Drive to Druid Lane.  This work will be done this month.
  2. Dixie Lane will be resurfaced from Summit Drive to Parkway.  This work will be done this month.
  3. Part of Varsity Court is being reconstructed between the top of the grade and the cul-de-sac.  The work is 90% complete.  It will be done in two weeks.  The subsurface has been poured and the top surface will be blacktopped within two weeks.
  4. Our parking lot, between the City building and Dillards, will be rotomilled, patched and paved.  Work on the under drains began today.
  5. Lighting on Thomas More Parkway has begun.  The lights will be on 40 ft. poles with 15 ft. arms and cobra head.  They will be spaced 150 feet apart. Tunneling has begun on the east side of Thomas More Parkway.
  6. K.D.O.T. is still studying the intersection of Thomas More Parkway and Turkeyfoot Road to find a way to allow better left hand turn movement from southbound Turkeyfoot Road onto eastbound Thomas More Parkway.  The traffic engineers from Frankfort will be looking at this intersection to determine what can be done to improve the left turn movement.

 

Fire and EMS – Mayor Meier reminded residents that the City of Crestview Hills has authorized the City of Ft. Mitchell and the City of Edgewood to bill for EMS runs, the basic life support runs.  Most of the cost for basic life support services is covered by health insurance.  If any of our citizens do get a bill, contact the City and we will advise you what to do on that.  Trans-Care service is paid for by the City.  If you should receive a bill, call the City and we will advise what to do.

 

Development & Zoning – David Kramer reported that the Committee met Tuesday.  One topic was the Stage I and II Hemmer project, which was tabled until next meeting.  Mr. Ries inquired as to why the Hemmer project was tabled.  Mr. Kramer stated that Hemmer needed time to be sure they were within our zoning ordinance stipulation without needing any variances.  

 

Also discussed were proposed text amendments to the Kenton County Zoning Ordinance regarding manufactured homes.  More discussion will take place because the committee is not ready for any action concerning this topic.  Some discussion dealt with what constituted a family.  Mayor Meier stated that zoning laws try to ascertain what makes up a family.  For example a home zoned for one family could have multi-families in that residence.  The County would like to determine guidelines as to what constitutes a family and add a text amendment to the original zoning.  This would mean the City would need to pass a text amendment to the City Zoning Ordinance to comply with that County zoning change.  More research will need to be done on the issue before the Committee can act.

 

Recreation – The annual Crestview Hills golf outing and picnic is scheduled for August 12th at Summit Hills Country Club.  The Committee will meet this month to finalize the details.  They will try to keep the cost about the same as last year’s event.

 

Reds Games – June 14th game has four or five tickets left for the game.  All other games are sold out.

 

Seats are still available for the Renfro Valley Trip on June 7 to see the Oak Ridge Boys.  This is a bus trip, which includes a meal and the show, for a cost of $30 per person.

 

The King’s Island outing is planned once again for Father’s Day.  Tickets are available at the City Building for a cost of $25 each and $5 for a parking pass.  This includes entrance to the park for the day and a picnic in the picnic grove.

 

Movie tickets are available at the City Building for a cost of $1.50 each for the Danbarry Theater.  Tickets are good for a year for second run movies only.

 

Details are still being ironed out regarding some programs at Silverlake and Top Flight for this summer.

 

Mr. Kramer inquired whether the holes that are under repair at Summit will be open in time for the outing.  Ms. Jameson stated that the holes will be open by then.

 

There were 119 attendees of the Easter Egg Hunt.

 

Personnel – Mayor Meier reported that the Committee has met this month and recommended raises and employee reviews were completed.

 

Communication- A newsletter will be out soon.  Mr. Ries asked whether a donation could be made to the family of the deceased manager of Applebees.  Mr. Mando stated that it was not legal under Kentucky Statutes.

 

Adjournment

 

            Motion:  Ralph Laird               Second:  Joe Maloney

 

                        Ayes:  6            Nays:  0

 

                                                                                    ________________________

                                                                                    Paul Meier, Mayor

 

 

                                                                                    ________________________

Attest:                                                                          Judy Rae Cox, Acting Clerk