CITY OF CRESTVIEW HILLS

MINUTES - REGULAR COUNCIL MEETING

NOVEMBER 8, 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 were Terri Jameson, David Kramer, Joe Maloney, Ralph Laird, Harold Ries, & Frank Sommerkamp.

APPROVAL OF AGENDA  -    Mayor Meier suggested the addition of the following items: 

Under NEW BUSINESS, item E, Zoning  - to discuss a text amendment in the RP-1 zone, and item F, Zoning – Ordinance 2001-11-3, first reading of a uniform county-wide commercial landscaping ordinance.

Item C should read Ordinance 2001-11-2.

Approved as amended.  Ayes carried.

Motion: Mr. Ries                                       Second: Mr. Kramer

APPROVAL OF MINUTES -  from the regular meeting of October 11, 2001.   

Motion made to accept as submitted.  Ayes carried.

Motion: Mr. Kramer                                 Second: Mrs. Laird

CITIZENS AND GUESTS

Colonel Paul Herbst, Chief of Lakeside Park/Crestview Hills Police Authority and Mrs. Kathleen Corniel, Board Member, Lookout Farm Homeowners Association.

CITY ADMINISTRATOR’S REPORT

Mr. Celarek reported on the following:

1.      The Thomas More College bond issue will also cover the building of an observatory on campus.  Promotional flyers, aerial pictures, and plans were shown to members of council.  The project was well received by the Economic Development committee.

2.      The 50th anniversary dinner held November 10 at Summit Hills Country Club appeared to be enjoyed by all who attended.  Special thanks to Terri Jameson, Colleen Bright, Shirley Pitts, Don Grant, Mary Lou Haglage, and city staff for their work and effort toward the success of the event.

 

Mayor Meier informed council that he received a letter from the Governmental Accounting Standards Board recognizing the City of Crestview Hills for becoming the first city in the state of Kentucky and one of the first in the country to implement GASB 34 reporting standards.  The Board noted that early implementation was a tribute to the City Clerk/Treasurer, C.R. Wirthlin, and auditor, Linda Chapman.

It was also noted that the next Kenton County Mayor’s meeting would be held at the Red Barn in Ryland Heights at 9AM and the Municipal Government League meeting would be at the Marquis facility in Wilder at 6PM on Saturday, November 17.

 

 

OLD BUSINESS

A.     Public Utilities

Mr. Jeff Mando reported that depositions would be scheduled with the cabinet staff for Tuesday November 13.  We are responding and exchanging discovery requests as needed. 

 

NEW BUSINESS

A.      Finance – Resolution 2001-11-1

Mr. Celarek introduced Dirk Bedaraff from the law firm of Peck, Shaffer & Williams, to explain the need for more revenue bonds for Thomas More College. They will be issued in a lump sum up to the maximum of 7.5 million dollars. This resolution would authorize the issuance of industrial building revenue bonds in one or more series in an aggregate outstanding principal amount not to exceed 7.5 million dollars. The proceeds shall be loaned to Thomas More College to finance the acquisition and installation of equipment suitable for use in furtherance of the educational purposes of the College. The dormitory and observatory projects are expected to be the prime receivers of this funding. The City is not liable in any way for the repayment of these bonds. Mr. Mando noted that these bonds are similar to other sets of bonds approved by Council in prior years and the City only serves as a conduit therefore incurring no financial exposure in the consummation of this transaction or in the event of default.  After discussion about the procedure of bond issuance and their allowable uses for funding purposes, Mr. Sommerkamp made the motion to approve resolution 2001-11-1 as submitted for the sole purposes expressed, seconded by Mr. Maloney.  It was noted that although Mr. Sommerkamp serves on the Board of Thomas More College, there appears to be no conflict of interest.

VOTE CALL

Mr. Laird – abstain, Mr. Kramer – recuse, Mr. Sommerkamp – yes, Mrs. Jameson – yes, Mr. Ries – yes, Mr. Maloney – yes.

Passage of Resolution 2001-11-1:  Ayes – 4.  Nayes – 0,  recuse or abstain - 2

 

B.     Economic Development

Mr. Celarek introduced Bob Jacoby, Manager of TGI Fridays, Paul Darple, attorney, and Mike Gallenstein, developer.

TGI Fridays submitted a request to build a 780 square foot addition on the back end of the restaurant facing the I-275 eastbound off ramp onto Turkeyfoot Rd.  The main issue is parking.  Mr. Celarek reviewed the parking situation on several occasions over a three- week period and found the lot to only be filled to capacity on weekends.  This is considering that parking spaces at Sableux salon and spa were also being used. 

Under the current proposal, a green island would be removed and the parking situation would improve by 14 for a total of 218.  There would be an additional 50 seats inside the restaurant.  It was noted that parking along the curb behind the handicapped spaces would be more closely monitored and cited for violation.

Mr. Laird inquired about the response of Coldwell Banker/West Shell to the current situation and the proposed additions.  They had not been notified, however, Mr. Celarek agreed to facilitate conversations amongst Applebee’s, Coldwell Banker/West Shell, and TGI Fridays.

Mr. Ries made the motion to approve the project, seconded by Mr. Sommerkamp. 

Mr. Kramer informed council that the Economic Development committee decided unanimously in favor of the project contingent upon meeting recommendations made by the NKAPC and staff.

Mr. Laird wished to be on record as opposed to the project.

C.     Zoning – Ordinance 2001-11-2

Mr. Celarek presented the favorable decision to allow 6’ fences in the City, unanimously reached by the KCMPZC on Tuesday November 1.  Bob and Joan Trame (residents on Campus Dr.), Mr. Celarek, and Mr. Maloney attended the meeting.  Mr. Maloney reported that while there were no objections from KCMPZC, one member commented he did not see many people (residents of Crestview Hills) going for a 6’ fence.

There was discussion on the current zoning regulations regarding 4’ and 6’ fences.  Mr. Maloney stated the regulation appears to be discriminatory to those not owning a pool.

Mrs. Jameson remarked that she had spoken with several of her neighbors and they agreed that allowing 6’ fences in rear yards would be aesthetically unappealing.  Mrs. Jameson suggested a compromise and made a motion to amend the proposed ordinance to state that 6’ fences would be allowed along the back edge of a yard that abutted a commercial zone but side yard fences would remain at 4’.  Mr. Ries seconded the motion.

Mayor Meier stated that only minor changes could be made to the proposed ordinance, otherwise it becomes a separate issue and would require another hearing by KCMPZC. 

Discussion ensued regarding the current ordinance and why there seems to be a need or want for change.  Mr. and Mrs. Trame stated that the traffic behind the mall was disturbing enough to warrant a change of the proposed type.  Most traffic is using the mall parking lot as a shortcut to and from Dixie Hwy. to Turkeyfoot Rd. 

Mayor Meier asked Mr. Ries if he would like to withdraw his second.  Mr. Ries answered in the negative.  Mrs. Jameson replied that Ordinance 2001-11-2 should be postponed until other alternatives can be studied and made a motion to do so.  However, Mayor Meier noted that there was already a motion on the floor with a second and that motion had to be voted upon before another could be put on the floor.

VOTE CALL

Mr. Laird – No, Mr. Maloney – No, Mr. Kramer – No, Mr. Ries – Yes, Mrs. Jameson – Yes, Mr. Sommerkamp – Yes

Tied vote, Mayor Meier voted no.  Motion to amend the proposed ordinance failed.

Mr. Maloney made the motion to accept the original proposed ordinance as first reading, seconded by Mr. Laird.

Mayor Meier stated since the ordinance was on the agenda, it would be considered first reading and it was not necessary to make a motion to that effect. 

There was more discussion on parliamentary procedures as Mr. Sommerkamp stated that there was game playing taking place.

Mayor Meier informed council that some action had to be taken on the original proposal as KCMPZC had approved it and if no action was taken by council on that particular issue, it would become law within 60 days from the date of the approval of KCMPZC minutes. 

Mr. Laird withdrew his second; Mr. Maloney withdrew the motion to accept the original proposed ordinance as first reading.

Mr. Kramer made the motion to draft a revised ordinance to state that 6’ fences would be allowed along the back edge of a yard that abutted a commercial zone but side yard fences would remain at 4’ to send to KCMPZC for further study.  Motion seconded by Mrs. Jameson.

VOTE CALL

Mr. Laird – No, Mr. Maloney – No, Mr. Kramer – Yes, Mr. Ries – Yes, Mrs. Jameson – Yes, Mr. Sommerkamp – Yes.

A revised ordinance will be drafted and sent to KCMPZC for further review. 

D.     Education

Mayor Meier read a proclamation in support of Northern Kentucky University’s 2002 General Assembly session priorities.  Motion to accept by Mr. Maloney, seconded by Mr. Kramer.  Ayes carried.

E.      Economic Development

Mr. Celarek reminded council that in 1996, a company called Harris Corp. petitioned for light assembly to be added as a conditional use in the RP-1 zone.  It was added as #19 but since the Harris Corp. did not follow through with the project, it was recommended by the Economic Development committee to delete #19 from section 10.14 of the zoning ordinance of Crestview Hills. 

Mr. Kramer made a motion to delete section 10.14, subsection B, number 19 from the Crestview Hills zoning ordinance and to submit the same to KCMPZC as a text amendment.  Motion seconded by Mr. Maloney.  Ayes carried.

F.      Economic Development

          Mayor Meier enlightened council on a plan by KCMPZC to adopt a county-wide landscaping ordinance.   Currently, cities or the planning commission have no control over whether a developer installs landscaping items that are compatible in this region’s soil, or if landscaping is installed at all.  This recommended plan by KCMPZC would make uniform allowable landscaping options for developers of commercial properties. 

            Mr. Sommerkamp did not feel qualified to vote on this item or consider it first reading until further personal review could be done and motioned to postpone the agenda item for thirty days.  Motion seconded by Mr. Kramer.  Ayes carried.

 

COMMITTEE REPORTS

Public Works –  Mr. Sommerkamp reported on the following:

Ø      The Kenton County Board of Education is planning an expansion to the Dixie Heights High School.  Their engineers have been working with Mr. Berling to try to overcome some of the storm water problems in the area.

Ø      Mr. Berling is investigating the possibility of constructing an earthen berm along the I-275 right of way line adjacent to the homes on Woodspoint Drive to act as a sound barrier.  The report should be completed by next month’s council meeting.

 

Economic Development –Mr. Kramer reported that the Committee had met on November 6.  The following items were discussed:

Ø      A request was made from area car dealers to hold a car show (sell-off) at the Crestview Hills mall.  The committee decided against such a show as the changes needed in the acceptable uses for the shopping center zone might open the door for less desirable activities.

Ø      The Thomas More College observatory plan.  Flyers, aerials, and plans were discussed, although a formal application has yet to be submitted.

Recreation – Mrs. Jameson said that 23 residents would receive awards at the November 10th 50th anniversary dinner/dance.  The menu includes field and turf (steak and chicken) along with many door prizes to be distributed.

Mr. Celarek also noted the holiday tree lighting would be held at the City Building on November 30 from 4:30PM to 7PM.  Santa and Mrs. Klaus will make an appearance and there will be hors d’ouvres and light entertainment for those present.

Telecommunications – Mayor Meier reported that the term of Peggy Sensel will expire as of December 31 as representative for Crestview Hills on the Telecommunications Board.  Motion was made by Mr. Laird, seconded by Mr. Maloney to appoint Mrs. Sensel to another term as representative of Crestview Hills.

Mr. Celarek noted that an ad hoc committee consisting of Mr. Laird, Mr. Kramer, Mr. Sommerkamp, Bill Goetz, and him was formed to study a draft of the “universal” ordinance for telecommunications.  There has been no action taken as concerns were raised over what happens in the right-of-ways (sharing space with the utilities) and fees on telecommunications franchises.  Council will be kept informed.

 

After general discussion, motion to adjourn made by Mr. Laird, seconded by Mr. Sommerkamp at 9:09PM.

 

 

 

____________________________                     ______________________________

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