CITY OF CRESTVIEW HILLS

MINUTES - REGULAR COUNCIL MEETING

NOVEMBER 14, 2002 - 7:30 PM

 

CALL TO ORDER - Mayor Paul W. Meier called the meeting to order at 7:30 PM., with the Pledge of Allegiance and silent prayer.

ROLL CALL - Present were: Mrs. Terri Jameson Messrs. Ralph Laird, Joe Maloney and Harold Ries   Absent:  Messers. David Kramer and Frank Sommerkamp, Jr.

APPROVAL OF AGENDA  - Approval as presented.

 Motion: . Harold Ries            Second: Terri Jameson

Ayes:  4            Nays: 0  

Motion passes.

APPROVAL OF MINUTES - of the regular Council Meeting of  October 10, 2002 with additions, corrections or deletions.

A.    Page 3 Para. 5 – Should be presented in Answer/Question format.  Question:  How much closer to the hard pavement of Dixie Highway will the proposed project be in comparison to the already existing Panera Bread?  Answer:  Josh McIntosh stated that the proposed project would be 8 to 10 foot closer than the Panera Bread property.

B.    Page 5 Para. 4 – Should be in the form of a Comment instead of a Question.

C.    Page 5 Para. 6 – the word communication should be cooperation.

Motion to accept as corrected.

Motion: Mr. Laird             Second: Mr. Maloney

Ayes:  4            Nays: 0         

  Motion passes.

CITIZENS AND GUESTS

Kathleen Corneil, Lookout Farm Homeowners Assoc., Steve Barry, Crestview Hills Mall Manager, Glen Anderson, MD Management, Bob Frey, Carrabba’s Italian Grill, and Jay Bayer, Bayer Becker Engineers.

CITY ADMINISTRATOR’S REPORT

A.    Economic Development Committee to meet December 10, 2002.

B.    Mr. Groth will contact Judge Schmadecke to swear in the Mayor and Council for another term at the December Council meeting.

MAYORS REPORT

Mayor Meier reported on the following:

1.       The Kenton County Mayors Group will meet this Saturday, November 16h at 9:00 AM at the Crestview Hills City Building.

2.      Chamber of Commerce – Eggs & Issues will be at Five Seasons Country Club (formerly Four Seasons) in Crestview Hills on Tuesday, November 19 at 7:15.  Topic – Northern Kentucky Industry Report 2002.

3.      The Municipal Government League annual Meeting is Saturday, November 23rd at Receptions in Erlanger.

4.      City offices will be closed for Thanksgiving – Thursday & Friday, November 28th and 29th.

 

OLD BUSINESS

          No Report

NEW BUSINESS

A.     First reading of Ordinance 2002-11-1 of a Text Amendment relative to setback requirements for the Shopping Center (SC) Zone- Mayor Meier asked Mr. Groth to give a brief summary:  Mr. Groth gave the following timeline:  June 17– The Crestview Hills Mall representatives and Bob Frey, Carrabba’s Italian Grill met with the City to present a concept for development of the area of the Crestview Hills Mall.  Carrabba’s Italian Grill is interested in building a restaurant.  July 11– Council agreed to allow the present zoning of Lot A, which was for one 15,000 square foot building.  The Lot shall be split into two lots, which will accommodate two buildings.  Combined, those buildings are not to exceed 15,000 square foot in size.  Sept. 25 - Crestview Hills Mall representatives contacted the City to request a setback change for the Mall front Lots from the City’s suggestion oft 75-foot setback for the building and 20-foot setback from the parking lot, to a 50-foot setback for the building and a 10-foot setback for the parking lot.  The setback is now 150-foot for building and 100-foot for parking lot.  Oct. 8 – The Economic Development Committee recommended to present the 75-foot for building and 20-foot setback for parking lot to Council for Text Amendment review to the Kenton County &Municipal Planning & Zoning Commission (KC&MP&ZC).  Oct. 10 – Council agreed to the submission to KC&MP&ZC for Text Amendment review for the 75-foot building, 20-foot for parking lot setback scenario.  Nov. 7 – KC&MP&ZC held a Public Hearing.  The KC&MMP&ZC agreed that this was compatible with the County’s Comprehensive Plan and recommended approval.  Nov. 12 – The Economic Development Committee met and recommended to present to Council the possibility of changing the offer of 75-foot setback for the building and 20-foot setback for the parking lot to recommend a 90-foot setback for building and a 20-foot for the parking lot.

Mr. Maloney, asked for the Council to discuss the suggestion to change to the 90-foot setback for building and 20-foot setback for the parking lot scenario, as suggested by the Economic Development Committee.  Mayor Meier stated that Council has three options:  to accept the recommendation of the KC&MP&ZC, to accept that recommendation with changes, or to reject that recommendation.  Mr. Meier asked for input from the City Attorney.

Mr. Mando, City Attorney, stated that the approval by the KC&MP&ZC for the 75-foot setback for building and 20-foot setback for parking lot as compliant with the Comprehensive Plan.  He could not speak to the Committee Meeting recommendation.  If the decision was made to change the footage, that would count a first reading of the Text Amendment.

Discussion followed.   Mr. Maloney wants more research on the subject.

Mr. Mando stated that it is permissible for Council to still have discussion and research after the first reading.  Mr. Mando further explained that the purpose of a first reading on a Text Amendment is to allow for public discussion before a second reading is done, which becomes final. 


Mrs. Jameson stated that she has received numerous calls from residents of Old Crestview area.  The opinion of those callers was that they felt that the issue is being rushed.  Of greatest concern was the land slope & lighting at the Mall.

Mr. Maloney inquired of Mr. Mando whether the first reading of the Text Amendment could be tabled.  Mr. Mando advised against tabling the issue.  He explained that if that were the stance that Council wishes to take it would be best to vote to delay the reading rather than to table.  Also, any major changes would send everything back to the very beginning.  Minor changes can be made to the KC&MP&ZC that would not affect compliance with the Comprehensive Plan as ruled by the KC&MP&ZC.  This can take place before the second reading.

Mayor Meier reported that the Mall would be willing to answer more in-depth questions and do another presentation if Council wishes. 

Mayor Meier suggested that too much delay could cause the Mall and the City to lose the interest of the perspective clients who are interested in the location.  Mr. Meier stated that he prefers not to cause that to happen.

Mr. Maloney stated that in his opinion the Mall had caused the delays by bringing in a second developer.

Mr. Laird spoke regarding discussion on the motion.  He stated that he does not want this to lag on into March and April.  He suggested a special meeting before the second reading for discussion.

A motion to postpone the First Reading of the Text Amendment to allow for a change to the setback requirements for Crestview Hills Mall Frontage.

Motion:  Joe Maloney      Second:  Terri Jameson

 VOTE CALL:

      Mrs. Jameson:  Yes      Mr. Laird:  No Mr. Maloney:  Yes      Mr. Ries: No

Vote results in a tie.

Mayor Meier it is your option to break the tie vote.  – Mayor Meier declined to vote.

Motion does not pass.

Mr. Mando read the First Reading of the Ordinance 2002-11-1 a Text Amendment to allow for change to the setback requirement for Crestview Hills Mall Frontage. 

Mayor Meier asked Council if anyone would like to see another presentation by the Crestview Hills Mall about the project.  No response.

Mayor Meier stated that the second reading of the Ordinance would take place at the December Council Meeting.  Mayor Meier stated that he will try to find a larger facility for the December Meeting and will entertain comments from the public at that meeting. 

COMMITTEE REPORTS

A.    Finance – No report

B.    Public Works – see attached report from the Committee.

C.    Police & Safety  – Mayor Meier reported that the Committee would honor Mr. Jordan of Lakeside Park, who was not reelected to Council, for his long time commitment to the Police Authority at the next meeting on Monday the 3rd at 7:30 PM.

D.    Fire & EMS – Mrs. Jameson reminded citizens to change their batteries in smoke detectors.

E.    Development & Zoning – 1) Covered in this Council Meeting. 2) 328 Thomas More Parkway building Zoning was done on the site in 1993 and the first building on the site was built in 1996.  There has been no more activity to begin the second building on the lot.    Building has begun on the sight – the City was unaware.  The NKAPC approved the building permit without checking with the City.  Permit should not have been issued because the City Ordinance states that the permit should have gone back to Council due to the long time lapse between the zoning and building.  There have been extensive changes to the Landscape Ordinance since that time.  The City will meet with the contractor and NKAPC next month to discuss the issue. 

2)  Mr. Maloney asked about the construction signage at 25 Crestview Hills Mall Road on the vacant lot.  Is that signage legal and there is also an electrical advertisement sign attached to the construction sign.  Mr. Groth stated that he would call the owner.

3) Mr. Groth stated that he had several complaints regarding the number of cats allowed at a residence.  He researched the matter and decided that it was almost impossible to enforce such ordinance.  Mr. Maloney suggested that the nuisance ordinance should be tightened.

F.     Recreation – Ms. Jameson reported that December 6th, Friday at 4:30 to 7:00 PM is the tree lighting at the City Building.  The survey, which will assist with planning next year’s program, will be sent out in the next newsletter.

G.    Telecommunication – No report.

H.    Communications – Fall Newsletter will go out before the Holidays.  The Website has had some changes, i.e. links and feedback capabilities.

 

Adjournment – 9:10 PM

Motion:  Ralph Laird                  Second:  Terri Jameson

Ayes:  4                      Nays:  0

Motion passed.

 

 

                                                                                     ___________________________

                                                                                     Paul Meier, Mayor

 

Attest:  ______________________________________

             Judy Rae Cox, Admn. Asst. (acting clerk)

 

Date Approved:  _________________