CITY OF CRESTVIEW HILLS
MINUTES OF THE REGULAR COUNCIL MEETING
SEPTEMBER 8, 2005
7:30 P.M.
I. CALL TO ORDER – Mayor Paul Meier called the meeting to order with silent prayer, with special emphasis on those affected by Hurricane Katrina and remembrance of the William Bubenzer family, and the Pledge of Allegiance to the American Flag.
II. ROLL CALL TO DETERMINE A QUORUM – Present: David Kramer, Ralph Laird, Joe Maloney, David Meier II and Tom Moser. Absent: Frank Sommerkamp, Jr.
III. APPROVAL OF THE AGENDA – with additions, deletions, or corrections. Mayor Meier asked for the following:
o Correction- Under Old Business – Item A. Line 3 to change 2,565,000 to $2,575,000.
Motion to approve as amended: David Kramer Seconded: David Meier II
Ayes 5 Nays 0 Absent 1
Motion carried.
IV. APPROVAL OF THE MINUTES – of the August 11, 2005, Regular Council Meeting with any additions, deletions or corrections.
Motion to approve as presented: David Kramer Seconded: David Meier II
Ayes 5 Nays 0 Absent 1
Motion carried.
V. CITIZENS & GUESTS – Dirk Bedarff, Peck, Shaffer & Williams, LLP
Bob Cooper, Seasongood & Mayer
VI. MAYOR’S REPORT – No Report
VII. CITY ADMINISTRATOR’S REPORT
Mr. Groth reported on the following:
ü The annual audit, by Rankin & Rankin, will be conducted September 13, 14, and 15. The City’s adopted troop, Alpha Company, 1st Platoon of the 82nd Airborne Division from Ft. Bragg, N.C., will be returning home on Thanksgiving. Thus far, we have shipped 93 boxes to them and will probably have one more shipment this month. We invited the 21 member troop to our City; however, they will be splitting up the unit and sending them to different companies. They have invited the Mayor and any other city officials to join them at Ft. Bragg on Saturday, November 26th, so that they can officially recognize and commend the City for taking on this project. Please let him know if anyone wants to attend.
ü The City of Lakeside Park will be having their 75th Anniversary Dinner/Dance at the Gardens of Park Hills on Saturday, September 17, at 6:00 P.M. All city officials and their guests are invited to attend. Please contact me after the meeting if you plan to attend – deadline for reservations is tomorrow at Noon.
ü Lakeside Park will be hosting the 6th Annual 5K walk/run this Saturday – check in at 8:00 A.M. at the Lakeside Park Presbyterian Church on Dixie Highway race to begin at 9:00 A.M.
ü Mr. Groth has started collecting samples of ordinances pertaining to Pit Bull Dogs and street cuts. All information will be in by the middle of next week. The committee will get together and report to Council at the next meeting.
ü The city will not be hosting the annual Tree Lighting Ceremony this year because the new building will be under construction and parking will be at a minimum. The City will, however, be working with the owners and management of the Crestview Hills Town Center for some holiday festivities. The city would normally hold ceremonies on the first Friday in December, which is December 2nd. Instead, the Town Center will have a joint ceremony with us on that date. They have asked the city to partner with them in having an impressive fireworks display, put on by the Rozzi Brothers that evening. Cost is $15,000, overall. The Town Center asked if we would split the cost with them, or if not, any amount the City would be willing to chip in. The city has spent about $3,200 for our Tree Lighting Ceremony for the past two years. – Discussion followed:
General consensus being that since the city must cancel the Annual Tree Lighting Ceremony due to construction of the City building/parking facilities, the funds the city would have spent on the activity this year would be best served, on behalf of the residents, to cooperate with the Town Center on a celebration that coincides with the grand opening of the Town Center, which falls around the same time as our annual Tree Lighting Ceremony.
Motion to donate $3,000 to the Town Center instead of having the celebration at the City - David Meier II
Second – David Kramer
Ayes 4 Nays 1 Absent 1
Vote Call: Mr. Kramer – yes; Mr. Laird – yes; Mr. Maloney – no; Mr. Meier II – yes; Mr. Moser – yes.
Motion carried.
ü Mr. Groth also reported that I-275 exit onto and from Turkeyfoot Road will be blocked to one lane while construction on the I-275 bridge surface and repair takes place during the next 30 days. Mr. Meier II asked if this would create a safety issue for emergency vehicles. Mr. Groth stated that it would not be a problem since work is only being done during the daytime and there is adequate traffic direction at the site; and emergency vehicles could be directed through by those directing the traffic at the site.
VIII. OLD BUSINESS
A. Second Reading of Ordinance 2005-7-3 – An Ordinance to authorize the issuance of General obligation Public Project Bonds, Series 2005 in the aggregate principal amount of $2,575,000 (subject to a permit adjustment increasing or decreasing the size of said bonds by up to $225,000) for the purpose of financing the costs of the acquisition, construction and installation of a public project in the City of Crestview Hills, Kentucky; approving a form of bond; authorizing designated officers to execute and deliver the bonds; authorizing and directing the filing of notice with the State Local Debt officer; providing for the payment and security of the bonds; creating a bond payment fund; creating a sinking fund; authorizing acceptance of the bid of the bond purchaser for the purchase of the bonds; and repealing inconsistent ordinances.
Dirk Bedarff, Peck, Shaffer & Williams, LLP presented the ordinance for second reading. The First reading was at the July regular meeting of Council. Mr. Bedarff stated that since the City does not have a credit rating to date, therefore, a rating ne4eded to be issued. The City was given an “A” rating.
Bob Cooper, Seasongood & Mayer reported that Mayor Meier, Dan Groth, City Administrator and C.R. Wirthlin, Clerk/Treasurer had a lengthy conference all with a rating agency and an “A” credit rating was given to the City. The underwriters will review and prepare the bids for presentation on September 20 with an October 5th closing date. The city has the option to refuse any and all bids.
Long –term bonds produce the lowest interest rate at this time, that rate is somewhere in the vicinity of 4.50% for 20 years. Bonds cannot be called for 10 years after which time early payment is possible. Mr. Cooper will give the city an update after the presentation on September 20.
Motion to Approve: David Kramer Second: Ralph Laird
Ayes 5 Nays 0 Absent 1
Motion carried.
B. Second Reading of Ordinance 2005-8-2 to set the Property Tax Rate for calendar year 2005.
Mr. Laird reported that the Finance Committee set the rate for the same as last year at .1525 per $100 valuation.
Motion to accept: Ralph Laird Second: David Kramer
Motion Carried.
C. Resolution 2005-9-1 – A resolution supporting legislation to amend sections of Chapter KRS 220 effecting Sanitation District No. 1 of Northern Kentucky.
Mary Ann Stewart, Attorney explained that KRS Chapter 220 has become outdated from the time in 1998 when the KRS Chapter 220 was amended to give the sanitation district storm water responsibilities. This Resolution clarifies ambiguities in that amendment to allow collected penalties to fall to the Sanitation District rather than to become the responsibility of the cities.
Last paragraph should read KRS 220 instead of 200.
Motion to accept as corrected: Ralph Laird Second: David Meier II
Mr. Kramer recused.
Ayes 4 Nays 0 Abstained 1 Absent 1
Motion carried.
IX. NEW BUSINESS
A. Discussion of results of Bid Opening, September 1, 2005 regarding building of the City Building.
Mr. Groth reported that Endeavor Construction at a bid of $2,179,000 is the preferred bid of CDS Architects and the Committee is in agreement. Mr. Moser checked on Endeavor’s performance as he was not familiar with some of their subcontractors. He could find nothing negative. To their credit the company has built several buildings in Ohio that ranged in price from $2 million to $6.4 million projects.
Mr. Maloney stated that a performance bond should be issued before building begins. Mayor Meier explained that the bond will be in place until completion of the building..
CDS Architects will oversee the project. A completion goal is for July to move into the new building and August is the goal for demolition of the present city building. The project is inclusive of landscaping.
Commercial wiring, security, irrigation, architect fees, non-fixed furniture and the audio/video system are separate items.
Motion to accept the Bid of $2,179,000 from Endeavor Construction based on the recommendation of CDS Architects and pending “due diligence”: Joseph Maloney
Second: Ralph Laird
Ayes 5 Nays 0 Absent 1
Motion carried.
X. COMMITTEE REPORTS
A. Public Works- Jim Berling reported:
1. The City is continuing to work with the Kenton County Board of Education and the Kentucky Department of Transportation to construct a new storm sewer from the Dixie Highway to a point in the rear of Caywood School. This will help relieve the storm water ponding problem in the rear yards of our residents on the south side of Summit Drive. This project will be supported by the City, the Board of Education, the Sanitation District and the Kentucky Department of Education. Phase One of the construction will begin at 8:00 p.m. on Sunday, September 18, 2005. A new piping system will be constructed across Dixie Highway. This work will be done at night to avoid heavy traffic. Barriers will be erected during the work.
Some question regarding cost overruns on Phase I have been raised. Mary Ann Stewart, City Attorney asked Mr. Berling to explain the cost of Phase One. Mr. Berling explained that the cost will be under $100,000. The State of Kentucky will be putting up the $100,000. He believes the contract will come in under this amount. The City and the Board of Education will be a second bidding process. The coast will be 1/3 to the City of Crestview Hills and the Kenton County Board of Education to pick up 2/3 of the remaining cost. Mary Ann Stewart asked Mr. Berling if he will be obtaining that in writing. Mr. Berling stated that it would be a mistake to delay Phase One. Mr. Groth explained that the State has sent a letter explaining that they do feel some responsibility since the State put in a smaller pipe than should have been put in when the project was originally done. That was done in error. Mayor Meier asked Mr. Berling to explain about the cost of the $6,600 paid to a company that performed an MRI that showed where a 36” bore would allow for the larger pipe to be placed under the highway. This did not work and a bill was issued by the company that did the MRI for $6,600. A deal was struck with the company to offset the cost of the error, whereby, the company will provide approximately $12,000 pipe and stone which will well compensate for the error.
Mr. Berling asked for Council’s approval of the contract with the State for the $100,000. $60,000 has been budgeted for the Phase II part of the project. Mr. Berling wants the contract signed before digging begins.
Mayor Meier asked that letters of explanation go out to residents in Edgewood and Crestview Hills to let them know about the construction.
Mayor Meier asked for a vote of Council to authorize him to enter into the agreement with the Highway Department to begin the work on Phase I of the project.
Motion: David Meier II Second – Tom Moser
Ayes 5 Nays 0 Absent 1
2. There is a surface water drainage problem at the intersection of Calumet and Lookout Farm Drive. This problem will be eliminated by constructing a small drain line from the area to the nearest storm water catch basin. This should be done before the winter weather sets in.
3. Parkway Drive has shown signs of deterioration over the past two years. This road will be refurbished and resurfaced this year. The project will cost less than $20,000. Mr. Groth asked that Mr. Berling add Campus Drive to the list for resurfacing as a separate project. Mr. Berling will get a separate price on Campus. Mr. Groth wants to add College Park Drive and University to next year’s list for resurfacing. Mr. Berling thinks Campus will be over $20,000 and will need to go out for bid.
4. The City has been studying traffic movement on Dixie Highway and Turkeyfoot Road in an effort to accommodate future traffic into the new commercial area. We have submitted a drawing to KDOT for revisions to turn lanes on Turkeyfoot Road. They are studying our suggestions at this time. We will be submitting a plan for additional lengths to the left turn storage lane for the south entrance to the commercial area on Dixie Highway. We hope to receive comments from KDOT by the end of next month.
Mr. Berling sited a letter form KDOT to Mayor Meier, which stated their recommendation. (Attached with Minutes)
5. OKI has completed their traffic study on Turkeyfoot Road. Hopefully this will have recommendations to solve traffic in the area. We expect to have the results of that study from KDOT sometime next month.
Mr. Berling suggested to KDOT that a Dixie Highway turn lane, into the Town Center, can be tapered to allow for more storage. The cost would be minimal and may assist future access into the Town Center. He is in the process of getting a cost from Eaton Asphalt to do that taper. If the cost is minimal, that would be a consideration for the Public Works Committee on Monday.
Another thing Mr. Berling considered was, on Turkeyfoot Road, a northbound right turn lane onto Thomas More Parkway could be widened for extra auto storage lane. Cables are under the sidewalk there and would need to be moved. Mr. Berling he was cautioned not to make the lane there too long because there would be those drivers that would use it to quickly get around traffic and create a hazard.
Mr. Meier II stated that the goal is to complete the current projects on Turkeyfoot by October 27th. This will be discussed further and solutions could be pending the acceptance of the OKI study by the State of Kentucky.
Several scenario have been studied and this will be determined by several factors such as the OKI study and City budgeting.
B. Finance Committee – Mr. Laird reported that August statements have been completed. The new tax rate has been set. There will be a meeting before next Regular Council Meeting in October. Mayor Meier reported that a letter has gone out to the city attorney regarding some Property Tax delinquencies.
C. Police Authority- David Meier reported that there was a report of a registered sexual predator on College Park Drive. Chief Herbst came to a meeting of the College Park Neighborhood Watch. Chief Herbst is signed up with the State to receive notification, any time there is a sexual predator moving into the area, he will receive a notification and he in turn will notify residents. One of the big concerns was the amount of cars parking overnight on city streets being charged only $5 for a ticket. Mr. Meier II would like Council to consider changing that to $25 per ticket. Mayor Meier stated that this City is the only Northern Kentucky City that has the overnight parking ordinance. He stated that he further thinks the ordinance is a good one. Chief Herbst does not care for the overnight ordinance he will enforce it. Discussion followed and Council concluded that the ordinance does serve significant purpose and should stay on the books for $5.
Dorothy Waite, Police Clerk has retired. Chief Herbst reported that he has not yet chosen a replacement will do so soon.
D. Recreation – The Committee will meet soon. He reminded the Council that the Lakeside Park 5 K walk is this weekend. The Committee will talk about planning a trip to Keenland. The Renfro Valley, Carl Hurley trip is November 4th.
E. Personnel – The Personnel committee will meet this month to approve a new personnel policy.
F. Telecommunication Board- Mayor Meier asked for approval of Resolution No. 2005-9-2 A resolution expressing opposition to Senate Bill 1504 known as the “Broadband Investment an Consumer Choice Act” (S. 1504), urging Congressional Representatives to refrain from any form of support or Co-Sponsorship of S. 1504 an to vote in opposition to S.1504 an directing that this Resolution be forwarded to the (Kentucky) congressional Delegation, Other Members of Congress as deemed appropriate, an the President of the United States; an providing an Effective Date.
Motion: Tom Moser Second: David Kramer
Ayes 5 Nays 0 Absent: 1
Motion carried.
G. Building Committee- Mayor Meier thanked those who served on the committee and made decisions regarding the new City building.
XI. Adjournment
9:15 P.M.
Motion: David Kramer Second: Ralph Laird
Ayes 5 Nays 0 Absent: 1
Motion carried.
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Mayor Paul Meier
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Attest: Acting Clerk/ Judy Cox