City of Crestview Hills, Kentucky
Regular Council Meeting
November 9, 2000, 7:30 PM
CALL TO ORDER – Mayor Meier called the meeting to order and requested the pledge of allegiance to the flag and silent prayer.
ROLL CALL – Present were Robin Huller, David Kramer, Ralph Laird, Joseph Maloney, Harold Ries and Frank Sommerkamp.
APPROVAL OF THE AGENDA – The Agenda was approved with no additions or deletions on a Motion from Harold Ries, Second by Joseph Maloney.
Yes 6 No 0
APPROVAL OF THE MINUTES – The minutes of the October 11, 2000 meeting were approved with the following correction – Page 2,OLD BUSINESS, B. Public Utilities third paragraph, line 6 reads “a non-regulated utility would be subject to section 278 of KRS.” Should be changed to read a non-regulated utility would not be subject to section 278 of KRS.
Motion to accept with change Joseph Maloney, Second by David Kramer.
CITIZENS & GUESTS – Chief Paul Herbst; Kathleen Corneil; Terri Jameson; Mr. & Mrs. Richard Allen; Dr. Riley Kinman, RNK Environmental.
CITY ADMINISTRATOR REPORT – Mr. Celarek announced that 1) Mayor Meier had led ten (10) volunteers on October 28 in a street cleanup effort. Half of a roll off box was filled. 2) The Board of Adjustments will Meet on Wednesday, 7:00 PM on November 15 to hear a request for a rear yard setback at 2725 Darby Dan Court. 3) Panera Bread may be requesting a Board of Adjustment hearing but no date has been set. 4) A meeting to review the Kenton County Comprehensive Plan will take place on November 15, 2000 at Carlisle Elementary School, 910 Holman Ave, Covington, KY. 5) Mr. Celerek announced that he had attended a Cinergy Conference on November 11, 2000. 6) Mr. Celerek announced that Walter Blair, Zoning Consultant to the city will have knee surgery on November 14, 2000.
Mayor Meier urged the public to attend the Comprehensive Plan meeting on November 15, 2000 at Carlisle Elementary. Mayor Meier urged citizens and Council to attend as this forum will update Kenton County Comprehensive Plan, which covers a twenty (20) year span.
OLD BUSINESS – Zoning – Status report on text amendment ref Section 9.22 of Crestview Hills Zoning Code. Mr. Celarek called Council’s attention to a handout, copy of a memo he sent to the KC&MP&ZC Commission and to Northern Kentucky Area Planning Commission on Tuesday, November 7, 2000, regarding the Text Amendment Section 9.22 Regulations Pertaining to Parking or Storing of Trailers, Mobile Homes, Campers, Inoperable Vehicles, and Other Such Type Equipment. KC&MP&ZC will hear the matter at 6:15 PM, December 7, 2000. Mayor Meier encouraged those interested to attend this public hearing and give input at this time about this matter.
Public Utilities ref the Cinergy Mini-Power Plant on Erlanger Crescent Springs Road – Mr. Celarek introduced Dr. Riley Kinman, RNK Environmental. Mr. Kinman, a Professor of Environmental Studies for University of Cincinnati, did a noise study in September, 1998 for the city. Mr. Kinman has done a base line noise study for the City the purpose of which is to compare and contrast the current noise level with the added level of noise that the Mini-Power Plant will generate.
The earlier, 1998 study Mr. Celarek pointed out was done when the leaves were on the trees. He and Dr. Kinman have since tested various sites which were Station 1 – New Kenton County Library site in Erlanger, Ky. Station 2 – Front yard of Baptist Village in Erlanger, Ky. Station 3 – rear yard of 108 Vernon, Crestview Hills. Station 4 – Center of front yard at 109 Vernon, Crestview Hills. Station 5 – North of intersection of Vernon and Sunset on Vernon, Crestview Hills. All testing was done between 7:00 AM & 6:00 PM. Overall it was determined that citizens of Crestview Hills are being exposed to levels of noise 70(+) dB(A) and 80(+) dB(A) for periods of time that are unhealthy by OSHA standards and unacceptable by FHA criteria. It was found that all five sites tested were in the 60+ dbls. range when trees had their leaves and in 70’s range when the leaves fell.
Dr. Kinman concluded that 1) Noise levels along the I-275 corridor exceed FHA criteria for residential areas. 2) These noise levels measured in August and September, 1998, and in September and October, 2000, are unhealthy to the citizens of Crestview Hills. 3) Noise abatement activities should be initiated by responsible agencies. 4) More than one type of noise barrier will be required to reduce the levels by 10 to 15 dB(A) along the whole corridor. 5) No additional noise creating activities should be permitted until noise abatement activities are carried out to reduce existing noise to healthy and acceptable levels. Dr. Kinman’s suggestion was that Noise abatement activities designed to reduce the noise levels in Crestview Hills should be initiated as quickly as possible in order to protect the health and well being of the citizens along the I-275 corridor. No additional noise creating activities should be permitted unless noise mitigation along the I-275 corridor is carried out to reduce existing noise levels to acceptable standards.
Dr. Kinman also pointed out that frequency of the noise should be considered along with decibel levels to get a true effect of how much noise will be generated by the plant in addition to present noise levels. This would determine if the city should insist on insulation and thicker housing of the turbins. The report is available for view at the City Building. Dr. Kinman then entertained questions.
Mr. Ries asked if there were to be 2 or 4 turbins. Dr. Kinman said there would most likely be two. One would be in use probably about all the time and as the Cinergy Capital which is a profit making group, sold excess power to a grid the second turbin would kick in. This he assumes will be very frequently as the company markets the energy.
Mr. Kramer asked that when the noise study was conducted in 1998 and the noise exceed the mitigation range for acceptable levels did the City ask the State to fund noise barriers. Dr. Kinman stated that attempts were made at the time to try to get some funding for noise barriers, trees, vegetation, etc. It was determined at the time that it would cost around $150,000 for a noise mitigation feasibility study. The City had tried to apply to the State for funding and was told that the State had no money set aside for noise barriers.
Mr. Meier stated that the city needs to get this project in the Kentucky Highway Department’s Six Year Plan. Mr. Maloney stated that the traffic has greatly increased on I-275. Mr. Meier stated that the truck detour was responsible for some of the increased noise levels.
Mr. Celarek stated that Dr. Kinman’s study showed noise levels at the Library are 64.4 dbls. At the Baptist Village it shows 64.59 dbls. At108 Vernon it is 61.8 dbls at 109 Vernon is 58.1 dbls. At Vernon & Sunset it is 60.87 dbls. This is a mean value for an 8 hour period of time.
Mr. Laird asked how the city will keep track of the noise. Dr. Kinman stated that there is Equipment available to monitor noise on a 24 hour basis. Mr. Sommerkamp stated that Mt. St. Joe had asked the Airport Board to install a noise monitoring system to monitor airplane noise on a 24 hour basis.
Mr. Meier stated that the plant would need to be monitored to make sure safe decibel levels were maintained should the plant be built.
Mr. Celarek asked Dr. Kinman about the safety concern with regards to this type of plant. Dr. Kinman explained that the Turbins must meet safety qualifications. Mr. Meier agreed that an outside expert was needed to determine the safety of the plant for both noise and other concerns.
Mrs. Jameson, citizen, asked if the mini-plant would present a health hazard as relates to pollutants in the air. Dr. Kinman stated that RNK Environmental can measure exhaust from burning and combustion.
Mr. Meier stated that he had written a letter to Secretary Bickford of the Environmental Protection and Natural Resources Cabinet. The purpose of the letter was to ask Secretary Bickford to hold a public hearing in this area. Secretary Bickford has agreed to do so in February. Mr. Meier pointed out that RNK Environmental could attend and help the City to ask pertinent questions to insure that Cinergy will adhere to State Permit requirements.
Dr. Kinman stated that he would be an Ad-Hoc Member of the Erlanger Citizen Advisory Committee.
Mr. Mando called Council’s attention to a copy of a memo received by Frank Wichmann, Attorney for Erlanger, from their zoning administrator, P. David Hahn RE: Cincap IX, LLC Electrical Generation Facility Proposed at 3000 Erlanger/Crescent Springs Road. Herein quoted: “As provided by K.R.S. 100.324, as long as Cincap IX, LLC is a public utility operating under the jurisdiction of either the state Public Service Commission or the Federal Energy Regulatory Commission (FERC) (as successor to the Federal Power Commission), the location of the referenced facility doesn’t need the approval of the City, by means of zoning permit or otherwise. Although it has been represented that the proposed facility is subject to the jurisdiction of FERC, the City should be provided with some documentation thereof before any construction of the referenced facility is begun.
Copy of memo also sent to Michael Pahutski, Counsel for Cinergy Corp.
Mr. Mando, City Attorney called attention to a memorandum to Mr. Celarek regarding his research on the mini-plant. He stated, “Based upon Cinergy’s argument that they are exempt under KRS 100.324 from Erlanger’s Zoning Code, I looked at two additional issues. First, whether the “Federal Power Commission” (FPC) as referred to in KRS 100.324 is the same as the Federal Energy Regulatory Commission (FERC). Second, what, if any, role the FERC will play in overseeing Cincap’s proposed expansion in Erlanger.”
“As to the first question, it seems the FPC is the same as the FERC. The Federal Power Commission, as referenced in KRS 100.324, was created by the Federal Power Act in the 1920s. In the late 1970s, the Federal Power Commission was abolished and its functions were split between the Department of Energy and the FERC. 42 USCA 7172, 42 USCA 7151 (transferring FPC’s functions between FERC and DOE, respectively).”
As far as my research has shown, neither the FERC nor the DOE monitors the construction or expansion of a facility. I have reviewed the U.S. Code and the Code of Federal Regulations provisions respecting these agencies closely, and cannot find anything relevant. Most provisions address energy conservation and measures that can be taken to reduce the nation’s dependence on foreign energy supplies, or non-electric power sources (atomic, nuclear, water and coal). I specifically reviewed Title 18 and Title 42 of both the Code and the Regs.”
“Title 18 is entitled “Federal Power Act”, its subchapter II provides for the regulation of electric utility companies engaged in wholesale interstate commerce. The provisions deal primarily with the rates that can be charged by these companies, and do not have any application for our purposes.”
“Title 42 is entitled “Public Health and Welfare”, several chapters initially looked as though they might help us, but on further examination they did not. The requirement in the chapter on “National Environmental Policy” that environmental impact statements be submitted prior to certain construction apparently applies only to federal agencies or federally funded projects. 42 USC 4332. As a prerequisite to taking any action under the chapter on “Noise Control”, the offending structure must be identified by the federal government as a “major source of noise” among other requirements. 42 USC 4905. The chapter on “Energy Conservation” is about policy for the efficient use of energy sources by federal agencies. The Power plant and Industrial Fuel Act requires only that new power plants be built with the capability to use coal as a primary energy source. 42 USC 8301.”
“In short, it unfortunately appears that Cinergy’s argument that it is exempt from the Erlanger zoning ordinances under KRS 100.324 has merit. Perhaps more disturbing is the fact that their expansion may be virtually unsupervised by any governmental authority.”
Mr. Mando will continue to research the matter and will advise if he finds anything helpful.
Mr. Celarek reported that the Citizen Advisory Committee, Cinergy Mini Power Plant would be represented by Bill Scheyer, City of Erlanger, John Long, Cincinnati Barrell, Ludlow, Ky., Gary Parker, No. Ky. Baptist Association, Erlanger, Ky., Patty Suedkamp, citizen of Erlanger, Ky., Tom Chaney, Cinergy, Van Needham, Cinergy, Kevin Celarek, City of Crestview Hills, Joe Maloney, Council Crestview Hills, Jay Zang, citizen at 108 Vernon Drive, Crestview Hills, John Toelke, citizen of 145 Lookout Farm Drive, Crestview Hills also member of Library Board, and Paul Meier, Mayor of Crestview Hills.
Motion to appoint Kevin Celarek, City of Crestview Hills, Joe Maloney, Council Crestview Hills, Jay Zang, citzen at 108 Vernon Drive, Crestview Hills, John Toelke, citizen of 145 Lookout Farm Drive, Crestview Hills who is also a member of the Library Board, and Paul Meier, Mayor of Crestview Hills to serve on the Ad-Hoc Citizen Advisory Committee made by Frank Sommerkamp. Seconded by Ralph Laird
Yes 5 No 0 Recused - David Kramer
Safety – Overnight Parking Enforcement in Summit Lakes and Lookout Farm on Private Condominium Streets – Mr. Celarek presented letters from the Lookout Farms Homeowners’ Association and The Summit Lakes Homeowners’ Association requesting that the Lakeside Park/Crestview Hills Police Authority enforce the Overnight Parking Ordinance on the private condominium streets. The letters confirmed that the Board of Directors of both homeowners associations had voted at board meetings to make this request. Summit Lakes at it’s October meeting and Lookout Farm at their November meeting.
Discussion followed and Council suggested that notice of pending enforcement of the ordinance be announced in the City Newsletter in the Mayor’s letter to residents. It was also agree that officers should issue warning tickets in the beginning. After about 30 days the officers will write formal tickets.
Mr. Maloney stated that it had been determined some years ago that the City has the authority to adopt and enforce and overnight parking ordinance on city condo streets. He suggested that private entities should pay for the signs. Mayor Meier stated that the sign cost was not an issue as it was minimal. Motion by Frank Sommerkamp to ask the Police Authority to enforce Ordinance 2000-7-1 on the Summit Lakes and Lookout Farms Condominium Streets. Second by Joe Maloney.
Yes 6 No 0
Mr. Ries asked whether the City Attorney had been consulted about the overnight parking issue. Mr. Meier assured him that he had consulted the attorney.
Pam Zepf, representing Summit Lakes Homeowners Assoc. and Kathleen Corneil, representing the Lookout Farms Homeowners Assoc. both agreed to announce the decision to enforce the overnight parking in their monthly newsletters.
Public Works – Mr. Sommerkamp reported that the committee will meet on Monday, November 13, 2000, at 1:30 PM. He announced that the new sidewalk along Dixie Highway from Winding Way to Carran Drive will be finished by November 18, 2000, weather permitting.
Work on the 72” pipe under Campus Drive is under contract and should be completed in December. This work includes underpinning the pipe at the outlet end and adding15’ of rip-rap at each end of the existing pipe.
Lookout Farm Drive will be repaired by replacing the broken section of concrete with new concrete paving. Plans and specifications for this work are in process now. A conclusion will be reached at the Monday meeting.
As soon as weather permits, Thomas More Parkway and Crestview Hills Mall Road will be restriped. In front of the Gallenstein Office Building and Four Seasons the area will be changed to provide for left turn lanes.
The City will construct dedicated right turn and left turn lanes on Horsebranch Road at Orphanage Road. Bids will be received on Monday for this work in December, 2000.
Mr. Celarek announced that the City audit is scheduled for December 5 and 6 with Linda Chapman of Rankin & Rankin.
Mrs. Huller announced that the new recruit begins the Police Academy training on Monday.
Mr. Celarek stated that there was concern about the billing of Citizens for Emergency medical coverage. He will look into trying to keep the Advanced Life Support Company from soliciting the citizens by letter for the same coverage that the City already pays for on their behalf.
Mr. Kramer reported that the City has received correspondence from KC&MP&ZC requesting those issues that most concern and/or importance to the city to be discussed when they update the Comprehensive Plan. The Economic Development Committee met on November 6, 2000 to decide these issues. Mr. Celarek presented a list of those issues of most concern to this city as a result of that meeting. 1.) Establish a three county Parks and Recreation Commission for Northern Kentucky with taxing authority to plan and implement a comprehensive recreation and open space plan. 2.) Reduce the excessive noise on I-275 by various methods of noise mitigation. Also, work to reduce the amount of traffic, especially trucks on I-275 in Crestview Hills. 3.) Reduce or better manage the increasing vehicular traffic on Turkeyfoot Road, Dixie Highway, and Thomas More Parkway in the City of Crestview Hills. The current level of volume of vehicular traffic is close to the maximum capacity that these roads can handle. 4.) Develop stronger standards to buffer and protect residential areas from adjacent incompatible uses. This is particularly of importance where residential areas border industrial zones and/or commercial zones. 5.) Work with zoning codes to allow residential home businesses but at the same time protect the residential environment and character of the neighborhood. 6.) Prepare in advance a plan that will ensure that schools, traffic, and infrastructure needs are met when new residential developments are proposed by developers.
Mr. Meier asked for a motion to accept these six (6) issues as most pertinent to the City.
Yes 6 No 0
Mr. Celarek reported that there had been some misunderstanding by one of Rumpke drivers regarding the pickup of loose newspaper. This he reported has been reported to Rumpke and hopefully will improve in future.
Mr. Kramer inquired about the proper way to put out cardboard. Mr. Celarek explained that cardboard boxes were to be cut apart and laid flat.
Mr. Celarek announced that the Tree Lighting Ceremony will be held at the City building on Friday, December 1 from 4:30 – 7:30 PM. It will be announced on the web site.
Mr. Celarek reported that the 2001 calendar will be out soon. He was aiming for December 1 if possible. It is at the printers.
Robin Huller presented to Council, a resignation letter to become effective December 2, 2000. Mrs. Huller stated that her family has lived on Summit Drive in Crestview Hills for over 20 years and regrets that the new home her family found was not located in Crestview Hills, therefore, affecting this decision. Mrs. Huller said that she was honored to serve the citizens of Crestview Hills and was proud to have been one of the driving forces behind the renewed improvement of the joint police authority. She thanked elected official and city staff for hours of service they gave to Crestview Hills.
Mr. Kramer, Mr. Maloney, and Mr. Sommerkamp expressed in kind words their appreciation to Robin for her service to the City.
Mayor Meier asked that the Personnel Committee meet and interview candidates to fill Robin’s seat by January 1, 2000. Mayor Meier asked that a press release be sent and an announcement be made in the newspaper, requesting letters of interest from anyone who would be committed to fill the un-expired term, as well as the two-year term, determined by the recent election. Deadline for the letters should be 4 PM, December 4, 2000. The five (5) members remaining on Council will vote on the replacement at the
December 14, 2000 meeting of City Council.
Motion to accept the resignation of Robin Huller from her seat on City Council and begin the process of replacement made by David Kramer. Seconded by Robin Huller.
Yes 6 No 0
Motion to adjourn at 8:50 PM Ralph Laird. Seconded by Joe Maloney
Attest: Judy Cox, Administrative Asst.
Attest: Paul W. Meier, Mayor