CITY OF CRESTVIEW HILLS

MINUTES - REGULAR COUNCIL MEETING

OCTOBER 10, 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: Messrs. David Kramer, Ralph Laird, Joe Maloney, Harold Ries and Frank Sommerkamp. Absent: Terri Jameson.

APPROVAL OF AGENDA - Mayor Meier requested that under New Business the Item B should be changed to read: B: Zoning Lots 15C and 16B on Centre View Blvd. – Thomas More Park Research Park – Decision whether to allow the designation of Flag Lots. To accept the Agenda as amended:

Motion: . Mr. Sommerkamp Second: Mr. Maloney

Ayes: 5 Nays: 0

Motion passes.

APPROVAL OF MINUTES - of the regular Council Meeting of September12, 2002 with additions, corrections or deletions.

Page 3 – Public Works Committee report – Item 6 is a repeat of Item 5.

Motion to accept as corrected.

Motion: Mr. Kramer Second: Mr. Sommerkamp

Ayes: 5 Nays: 0

Motion passes.

CITIZENS AND GUESTS

See attached signup list of residents. Kathleen Corniel, Lookout Farm Homeowner Association.

CITY ADMINISTRATOR’S REPORT

None at this time.

MAYORS REPORT

Mayor Meier reported on the following:

A. Many people thanked our City and other N. Ky. Cities for a warm reception to KLC Members throughout the State to the Northern Kentucky Area for the Annual KLC Convention.

B. October 5 the Kenton County Veterans Memorial was dedicated at its new location at Buttermilk and Collins Road in Crescent Springs.

C. Eggs & Issues – will be held October 15^th at the Marquise Center.

D. Opening of the new Erlanger Public Library, located on Kenton Lands Road, Sunday, October 13, 2002 at 2:00 PM

E. NKAPC – quarterly meeting Wednesday, October 30^th at 6:00 pm at Twin Oaks.

F. Bill Bowdy of NKAPC retirement dinner November 1, 2002 at 6:00 PM at Drawbridge. Reservations should be in by October 18^th.

G. The City Website has a new entrance format.

OLD BUSINESS

Second Reading of Ordinance 2002-2-1 – to set the real estate tax rate for calendar year 2002 - Ralph Laird, Chair of Finance Committee reported that the rate will be .1525 per $100 Valuation, this is the same rate as the previous year.

Motion: Mr. Laird Second: Mr. Ries

Yes 5 No 0

Motion passes.

NEW BUSINESS

A. Zoning Lots 15C and 16B on Centre View Blvd. – Thomas More Research Park – Mike Hargis of the Hemmer Company came before Council to ask for assistance regarding future development of the above lots. One facet is whether the City wishes the access road to the property to be a City designated street or remain a private drive. The drive is asphalt with curb and drainage. One option would be to create flag lots with 25’shared frontage. 16D would be a 12 ½ feet wide, finger shape and be deeded with lot 15C to enable NKAPC to divide lot 15C. There is a land contract at this time on 15C pending the zoning decisions. Hemmer is satisfied to leave the street private with no city responsibility for maintenance or repair. Jim Berling, City Engineer stated that if the City were to dedicate the street it would need to be 40 or 50 ft. wide. The utility easements are workable.

Mr. Sommerkamp expressed concerns about the ability to readily identify the various businesses in that area, on behalf of the clientel of those businesses. He suggested that maps on business cards could be part of a solution. Mayor Meier stated that he prefers the property have a Centre View Blvd address with smaller signage and the drive remain private and unnamed. Jim Berling stated that this would need to be treated as a minor change to the Stage I Development Plan. Mr. Laird asked how this would be documented. Mr. Hargis said it would be part of the deed.

Motion to approve zoning of 15D and 16C as designated Flag Lots and as a minor change to the Stage I Development Plan.

Motion: Mr. Sommerkamp Second: Mr. Kramer

Yes: 5 No: 0

Motion passed.

B. Crestview Hills Mall - Text Amendment Request Pertaining to the Lots Directly in Front of the Crestview Hills Mall - Mayor Meier recently met with Crestview Hills Mall representatives. At that meeting the Mall representatives asked for consideration to rezone the property in front of the Mall to accommodate several restaurants. Management of those establishments are interested in the purchase of the lots. Glenn Anderson, Mall representative met with NKAPC inquiring as to whether the zoning could be changed to accommodate building on those lots. NKAPC advised Mr. Anderson that a zone change is not recommended, however, a text amendment is the most viable solution. The Economic Committee discussed this at their last meeting and decided that the matter should go before the KC&MP&ZC for a Text Amendment, which would require a public hearing. Mayor Meier asked that the Crestview Hills Mall representatives should state their intentions, then all citizens who wish to speak be allowed to do so but asked that each citizen keep it brief.

Josh McIntosh, Bayer Becker Engineering representing the Mall explained the following: The Mall wants a 20-foot additional setback to the parking lot area, an additional 10-foot setback along I-275, and an additional 75-foot building setback on the property. It is the Mall’s wish to provide good quality restaurants on the lots directly in front of the Mall. Mr. McIntosh presented drawings of a proposed plan that is of interest to two different restaurants should the zoning be approved. The current building setback is 150 feet. Parking requirement for that type of restaurant is a parking spot for every two employees and two spots for every customer. There is now a 5 ½ parking spot requirement at the Mall for every 1,000 feet of leasable space. The Mall wishes to keep that requirement.

Mr. Maloney inquired of Mr. McIntosh if this plan is agreed upon would this leave the possibility open to the structure built on those lots to have more square footage than the original intent.

Mr. Laird stated that the 10- foot requirement from the fence on I-275 is not as close as Friday’s is to the I-275 entrance on Turkeyfoot Road.

It was asked how much closer to the Dixie Highway the new proposed project would be in comparison to the already existing Panera Bread? Mr. McInstosh stated that that would be 7 to 10 feet closer than the Panera Bread property.

Mr. Sommerkamp asked what the closest point to Dixie Highway would be for the current plan? Mr. Mcintosh sated that it would be 55 feet at the closest spot and as much as 100 feet at the furthest spot.

Mr. Maloney wondered at the possibility that Dixie Highway may be widened in the future. Mr. Meier stated that that could be a possibility and asked Jim Berling to give an opinion as to which direction that a possible widening of Dixie would go as pertains to the right-of-way. Mr. Berling stated that generally widening of highways is done symmetrically to the center lane, therefore taking equal amounts of land on both the sides of the road. The reasoning for the placement of the buildings thusly on the lots is because there is a culvert that must be worked around.

Mr. Maloney raised the question regarding the property Southeast of Panera. Could that frontage setback go as close as only 75 feet? Mayor Meier explained that in that case the matter would go back to the Economic Development Committee for review before further development would proceed.

Mr. Anderson, Mall representative stated that the two lots proposed for development are pending. The one restaurant would require about 126 parking spots and the other 146 parking spots. Also, planning for development must take into consideration emergency and safety requirements that are dictated by law. This puts limitations on the development process.

Mr. Meier asked if Trio’s is one of the interested restaurants. Mr. Anderson stated that it is one of them. Mr. Meier stated that the possibility that one of the restaurants may back out of the deal if the City does not work with the Mall on the zoning options.

Mayor Meier asked for comments from residents at this time. The comments and questions were expressed as follows:

Question: What is the benefit to the City to close up even more green space in front of the Mall 150 feet (present setback) down to 75 feet?

Answer: Mayor Meier answered that the Mall has sat practically empty for so long that it should get moving. Also, the City needs it to get moving for the Economic Growth of the City. He reasoned being that the Mall tax base could provide an offset for future inflation in the future due to the eventual full capacity of the business park. The City has no room for further expansion after the business park is filled. Mr. Meier stated the Mall does have a right to try to develop their property.

Question: Why restaurants not other types of businesses?

Answer: Mr. Anderson said that the number of parking spaces zoned for the property does lend possibilities to banks or retail establishments, but the restaurants are interested parties at this time. If this text amendment is not approved, he will lose one of the restaurants as a buyer.

Question: Will the landscaping screen the parking lot from the view of residents?

Answer: Not entirely.

Comment: The Mall made promises to keep the green and they are now going back on that promise. Question: Is there documentation to that effect?

Answer: The documentation is built into the zoning. Ms. Mary Ann Stewart, City Attorney said it would exist in the zoning and minutes of various meetings.

Question: Won’t this crowd the existing Panera Bread Restaurant – already there?

Answer: No. – Mr. Maloney suggested all walk the lot to get an accurate picture of how this would look.

Question: Is the purpose of allowing the loss of more green space strictly a financial purpose?

Question: Without some cooperation from the city the Mall will not be able to develop.

Question: Why does the City owe the Mall the right to develop? Comment: Does not feel that the citizens owe the Mall anything.

Answer: Mayor Meier pointed out that the Mall has sat for a very long time and become a White Elephant. Various reasons have caused the Mall not to develop. The Mall is trying now to do so and the City needs to seek communication between the Mall, the council and the citizens to the best benefit of the City as a whole. The Mall has the right to develop without undue pressure being exerted by the City.

Comment: Wants more walkway space for citizens around the Mall.

Mayor Meier inquired whether comments should be taken per individual.

Mr. Kramer stated that – the forum should be in the form of anonymous comment – for the purpose of this meeting.

Comment: Reference was made to the noise and bright light situation that perhaps will disturb nearby residents. The commercialization and size of the buildings is also a concern.

Comment: A Cincinnati resident attending the meeting stated that she lived near Rookwood Commons and the potential of this Mall area becoming like the Rookwood Commons is not a good one for residents because the traffic situation is terrible. As this development was compared to Rookwood Commons.

Mayor Meier pointed out that there are two expressway ramps nearby. There are three traffic lights at entrances/exits from the Mall and he does not anticipate this being a problem.

Mr. Kramer stated also that he was not around in the 80’s when the Mall was originally built and he cannot speak to but can certainly understand the viewpoint and concerns of the citizens. The development options that were available during these years have not happened. For whatever reasons that may be, the Mall has the right to develop without undue restrictions. A similarity to Rookwood Commons would be a good thing for the City.

Mr. Kramer stated that a good example of the City efforts to try to protect the residents was the recent effort to restrict the Cinergy Power Plant. Therefore, it is not that the Mayor & Council do not want what is best for the City.

More discussion followed: Mr. Maloney pointed out that the issue is not the number of buildings but the size of the buildings allowable under current zoning.

Question: Why can’t the present Mall be torn down?

Answer: That was determined by past zoning and the Mall has the right to do with that property what they will as long as no zoning regulations were violated.

Mayor Meier pointed out the now, stronger Landscape Ordinance will assist and he feels the City needs to seize the opportunity to develop the property.

Mr. Kramer stated that he cannot see that the Mall would have given up all rights to develop the property by making restrictive promises in the beginning, it makes no sense.

The City has done a good job preventing a sprawling zoning area on the Dixie Highway by turning down drive through restaurants in the past. Mr. Kramer also stated that he works in the business park and drives through there all the time and he does not see real problems with the traffic situation.

Mr. Sommerkamp stated that it is prudent at this time for the owners and residents to give and take in order to allow the Mall to be developed.

Mr. Laird stated that it seems to be a matter of control and what is good for the City. A compromise and working together is recommended.

Mr. Maloney stated that he was here in the beginning when the Mall was developed originally and respects the fact that Dr. Leo Oppenheimer, deceased former Council member, worked diligently to keep the city’s green space. The Mall was happy to agree to citizen’s demands at the time of the building of the Mall. He thinks the City should insist the Mall abide by the original zoning. Any obligation is owed to the residents not the Mall.

Mr. Anderson stated that the restaurants interest in the frontage property is because restaurants do better on frontage property verses on side property such as the undeveloped lot at the end of the Mall. That lot is not marketable to the type quality restaurants the City wants. The development of the interstate, the Florence Mall development and various aspects of the economy have affected the development of the Crestview Hills Mall. He has said no to quality concerns because they may not have been the type of businesses or eating establishments the City would want and is trying to determine best usage of the property.

Mr. Kramer, Economic Development Chair stated that the Committee has agreed 4 to 2 at the last meeting to send the text amendment to the KC&MP&ZC.

A Motion was made by Mr. Maloney not to send the Text Amendment to the KC&MP&ZC to allow for a 10-foot setback next to I-275, a 20-foot setback for the parking lot, and a 75-foot setback as for the building structure as pertains to the lots directly in front of the Crestview Hills Mall.

Motion died for lack of a second.

Mayor Meier asked if Council would like to put a motion on the floor to send a Text Amendment to the KC&MP&ZC?

Motion to send a Text Amendment to KC&MP&ZC for consideration of a 10-foot setback next to I-275, a 20-foot setback for the parking lot, and a 75-foot setback for the building structure as pertains to the lots directly in front of the Crestview Hills Mall.

Motion: Mr. Laird Second: Mr. Sommerkamp

Ayes: 3 Nays: 2 Absent: 1

Vote Call:

Yes: Mr. Laird, Mr. Sommerkamp, Mr. Ries

No: Mr. Maloney, Mr. Kramer

Motion passed.

Mayor Meier informed Council and residents present that the meeting of KC&MP&ZC to hear this matter will be on November 7, 2002 – that is the first Thursday of the month, at 6:15 PM at the Jim Huff Building, 2332 Royal Drive, Ft. Mitchell, KY. Mayor Meier informed those present that the matter will be heard in no separate order. The matter will not necessarily be held at 6:15 pm as KC&MP&ZC does not give a time choice to anyone regarding the order in which the cases that appear before them are heard. The meeting is very structured as follows: 1) The Staff recommendation will be heard. 2) Testimony in favor of the text amendment. 3) Testimony not in favor of the text amendment. All those who give testimony must sign up. This is why it important to be at the meeting promptly at 6:15 pm and stay throughout – so you will not miss the signup sheet. Those not signed in will absolutely not be allowed to speak. Speak clearly and concisely. Once testimony has been heard from those on the list the proceeding will close and no more talk will be allowed. A recommendation will then be made whether to approve the text amendment, disapprove the text amendment or approve with conditions.

KC&MP&ZC will return that recommendation to the City. The First Reading of that decision will take place at the November 14, 2002 regular Council Meeting. The Second Reading will take place at the December 12, 2002 regular Council Meeting. The City will hear no more public comments – nor accept questions at either of these meetings.

A letter will be sent about two weeks in advance informing all of the property owners in Old Crestview Hills about the November 7, 2002 meeting.

Discussion followed regarding whether the proposed changes could be marked perhaps with a tape or in some manner that people would get a better idea of the location of the proposed projects. The Mall representatives said they could not guarantee this since it may involve expensive unnecessary surveying. Mayor Meier stated that it is not a requirement that the Mall must mark the property.

Lawson Walker, Atty. For the Mall stated that Panera Bread is 447 feet from the house across from it on Dixie Highway and the proposed projects would be 432 feet from the house directly across from them. The Carabas restaurant would have approx. 238 seats and Trios would have approx 248 seats.

COMMITTEE REPORTS

A. Finance – No report

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

C. Police & Safety – Mayor Meier reported that Terri Jameson has resigned from the Police & Safety Committee. Mayor will fill out the rest of the term.

D. Development & Zoning – No report

E. Economic Development – Both Items under New Business we discussed.

F. Recreation – Recreation Survey will be sent to determine the program for next year.

G. Telecommunication – No report.

H. Communications – Fall Newsletter is out.

ADJOURNMENT

Motion to Adjourn the Meeting 9:30 P.

Motion: Mr. Laird Second: Mr. Sommerkamp.

Yes: 5 No: 0

Motion passed.

___________________________

Paul Meier, Mayor

Attest: ______________________________________

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

Date Approved: _________________