MINUTES OF THE REGULAR COUNCIL MEETING
CITY OF CRESTVIEW
HILLS, KENTUCKY
THURSDAY,
SEPTEMBER 11, 2003, 7:30 PM
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. Mayor Meier asked special remembrance of the
deceased in the Twin Tower, Pentagon, and Pennsylvania incidents on this the
second anniversary of the events of September 11, 2001.
ROLL CALL - Present were: Mrs. Terri Jameson
and Messrs. David Kramer (arrived at 7:50 PM.), Ralph Laird, Joe Maloney,
Harold Ries and Frank Sommerkamp.
APPROVAL OF AGENDA - Item A should be under Old Business
instead of New Business. It will not
change the order of the meeting. As corrected:
Motion: Mr. Sommerkamp Second: Mrs. Jameson
Ayes: 5 Nays: 0
Absent: 1
Motion
passed.
APPROVAL OF MINUTES – Under Citizens & Guests on Page 1 & Page 2 Mr. Tom Nienaber is
referred to as representative of the Condo associations. The minutes shall reflect that Mr. Nienaber,
is Attorney for the Quasts.
Motion: Mr. Ries Second: Mr. Maloney
Ayes: 5 Nays:
0 Absent: 1
Motion
Passed
CITIZENS
AND GUESTS
Tim Krebs, Boyscout Troop #717 held at Lakeside Christian Church, sitting in on Council meeting to fulfill requirement for his Communication Merit Badge.
Chief Paul Herbst, Lakeside Park/Crestview Hills Police Authority
OLD BUSINESS
Mayor Meier reported that this is a one-year moratorium, however, it started in May 2003 and only lasts a year so May 15, 2004. The matter will be addressed again when the study is complete.
Jeffrey Mando, City Attorney, read the Ordinance.
Motion for passage:
Motion: Mr. Sommerkamp Second: Mr. Maloney
Ayes: 6 Nays: 0
Motion passed
NEW BUSINESS
A. First
Reading of Ordinance 2003-9-1 – To change the Council stipend to $3300 per year
per member, to become effective in January 2005, after the next council
election and to change the Mayor stipend to $7200 per year, to become effective
January 2007, after the next election.
Mr. Laird asked what is the reason for the raise of the Council stipend?
Mr. Sommerkamp stated that his reason for the increase of the Council stipend is because the last two elections were uncontested therefore, to encourage younger folks, approximately the age group of Mrs. Jameson or younger to become interested in running for Council and becoming interested in serving on committees the compensation is necessary.
Mr. Maloney stated that he doesn’t think anyone is there for the money. If he had been, then you would have had to pay him a heck of a lot more to be around all these years. Mr. Maloney asked Mrs. Jameson if she was here for the money. Mrs. Jameson stated that she was not here for the money but for the time and effort she puts in and the decisions she makes she feels the stipend is quite small. Mrs. Jameson stated that she actually works the recreation events and it is a big time commitment.
Mr. Sommerkamp stated that no one turned down the raise of the stipend four years hence. Mr. Maloney stated that he did not think anyone would turn it back he just does not think Council needs the raise.
Mr. Ries agrees that it is a different world and this generation does not have time.
Mr. Laird stated that he could see the Mayor stipend being raised due to the amount of meetings requiring the attendance of the Mayor and the Administrator, but he does not feel Council stipend should increase.
Mayor Meier stated that the raise is not for this Council. It will be enacted for the next administration.
B. First
reading of Ordinance 2003-9-2 – To set the Real Estate Tax rate for Calendar
Year 2003 at .1525 per $100 valuation
Mayor Meier stated that real estate property taxes are remaining the same as last year. This rate has been in effect sing 1998.
Mr. Maloney asked what the assessed rate of property was for 2002. Mayor Meier stated that it was remarkable that this year valuation had gone up $814,000, the lowest for some time. Previous years it has been over $10,000,000. Last year it went up 5.2 million. Mr. Maloney asked if this included reassessment. Mayor Meier stated that it did and in additions to real property.
Mr. Sommerkamp stated that we had very little new construction because it was the year after the world trade center problems. The construction we have had today is the most we’ve had in the last two years. There are three projects in the office park and that is unusual. That is why we had such a low increase.
Mr. Sommerkamp stated that there is a bigger bite because of homestead exemptions, which have increased.
Mayor Meier stated that it is the recommendation of the Finance Committee to keep the rate the same.
Mayor Meier stated that when not using the state certified compensating rate, property must be certified 45 days from the date of official assessment by the County. He will have Mr. Mando, city attorney, look at the ordinance. This would make the assessment two days shy of the 45 days rather than complying with the ordinance to the day. Mr. Mando will advise whether the Council will need to meet earlier than the regular meeting time for the second reading. Certification of the PVA report was August 23, 2003.
COMMITTEE REPORTS
Public Works - Mr. Berling, City Engineer is not present due to the passing of his father-in-law – Norbert Krebs.
1. Mr. Somerkamp stated that sections of the paving on Rose Terrace have failed. They have removed the paving and poured the concrete on the bottom section of Rose Terrace he checked there today and the barrier is still up. The barrier is still up giving the concrete time to cure. One layer of blacktop will be needed after the blacktop is cured. That will complete the work on Rose Terrace this year. Mr. Ries asked that Mr. Sommerkamp explain. There was a faulty area of about 75 feet on the north side at the end of Rose Terrace. Curb and surface were ripped up and replaced. Concrete part has been done and not the blacktopping.
2. Mr. Sommerkamp reported that K.D.O.T. has reported after studying the intersection of Thomas More Parkway and Turkeyfoot Road to find a way to allow better left hand turn movement from southbound Turkeyfoot Road onto eastbound Thomas More Parkway. K.D.O.T. has stated that the manual says there will be no left-turn on green arrow for the second lane if there are two turn lanes. The Committee discussed the possibility of when turning left from Turkeyfoot onto Thomas More and you get into the curb lane which he calls the right hand lane, that lane dead-ends at Villa Madonna Drive and what happens not is people are turning on their turn signals in order to get over because 90% of the people do not want to go to Villa Madonna Drive. Mrs. Jameson suggested that maybe the City could continue that lane to the first driveway of Five-Seasons, which gives people more chance to meld into the second lane of traffic and those going to Five-Seasons don’t have to meld at all. The K.D.O.T representative thought this was an excellent idea. Mayor Meier asked if there were sidewalks on that side and if right-of-way was going to be enough. Mr. Sommerkamp stated that Jim Berling, City Engineer, will be asked to give a report on that at the next meeting. Mr. Laird mentioned the cost being prohibitive when Council spoke of taking the road from a three to a four lane. Mr. Maloney asked if the State, since they think it is a good idea, is willing to chip in some money for the project. Mayor Meier asked Mr. Maloney to mention this to State Representative Draud about State funding.
3. The south lane of paving on Woodspoint Drive from House No. 131 to the cul-de-sac will be removed and repaved. This work should be one within the next four weeks.
4. Horsebranch Road and Crestview Hills Mall Road will be restriped within the next six weeks.
5. The City will be replacing several sections of concrete curbs throughout the City during the next thirty days.
Mr. Kramer inquired whether, due to the Kroger Co.
expansion, the possible Water District proposal, and several large medical
practices that will be going into the Research Park, there was a possibility
for the City to add another lane to Thomas More Parkway without needing to
demolish any buildings. Mr. Sommerkamp
replied that this is not the first time that question has been asked and all he
can say is that Mr. Berling has said that three lanes or four will not make a
difference. Mr. Kramer said at some
point we will need to do something to relieve traffic on Thomas More
Parkway. Mr. Sommerkamp said that the
Parkway is our biggest traffic problem.
Mr. Groth, City Administrator stated that he had spoken to John Hielman
and he said that the road must be widened.
Mr. Kramer reported that the St. Elizabeth Hospital shift change causes a constant stream of cars back there. Mr. Laird suggested that perhaps someone from the City speak with the businesses back there to see if a possibility of some flex-time for employees would be an option. Mayor Meier does not think the city should have to tell them, management of the businesses must be aware that there is a problem. Mr. Maloney stated that the bulk of the traffic is going to St. Elizabeth Hospital. Mr. Laird stated that a lot of autos turn left at the road just past Five-Seasons. Mr. Groth agreed that the extended lane suggested by Mrs. Jameson is a good start.
Mayor Meier stated that it should be considered in the long-range plans to widen Thomas More Parkway and/or readjustment of lanes, etc.
Finance Committee – Mr. Laird stated that setting of the tax rate was all there is to report.
Police Authority Committee – Mr. Kramer reported that the meeting canceled and moved to next week so there has been no meeting since the last Council meeting.
Fire & EMS – Mayor Meier reported: Remember October 5th Ft. Mitchell is having their open house in the afternoon. Mayor Meier urged Council members to attend.
Development & Zoning –
1. Mr. Sommerkamp Reported. Thanked Council for their efforts to peak the interest of the developer, Jeffrey Anderson, who is interested in development of the Mall. Mr. Anderson sent several preliminary plans, which were drawn up for Dillard’s that represents different scenarios for development of the Mall. A recent news article, consisting of an interview with Dillard’s management states that management is considering one of two options: a.) Stay where they are and lose a percentage of the present building and remodel the existing Dillard’s or; b.) tear down the whole building and build a new Dillard’s at the South end toward Dixie Highway. This would be 200,000 sq. ft. of store space. The article also states that a Crescent Springs Mall and a Crestview Hills Mall are not a possibility, the developer will do one or the other. The developer is asking for something concrete by November or December from the Dillard’s Management, and Mr. Dreiseszun, the owner of the Mall and begin construction in April. Mr. Somemrkamp stated that he much appreciated Mr. Kramer keeping in contact with Mr. Anderson, the developer about the development of the Mall.
2. Presentation was given by Melissa Jordan, NKAPC on manufactured homes. The Committee is in favor or the legislation. The Committee wants the City Administrator to prepare a finite ordinance. The legislation will require a minimum of 900 sq. ft. There are none that small in Crestview Hills.
3. Dr. & Mrs. Quast came before the Committee regarding the ingress and egress onto the property on the East side of Thomas More Parkway. The Quasts have gotten together with Paul Hemmer Company. They want to break through on the backside of their property to the Hemmer property and put a driveway that will connect the two parking lots. The Quasts want to widen their entryway onto Thomas More Parkway to accommodate three lanes. One incoming and two outgoing. The two outgoing would be dedicated, one would be left turn only and one would be right turn only. That is to move the traffic because right now if someone wants to head out of that parking lot and go left say to the hospital or their home it holds up all the traffic in the line coming from the parking lot. Secondly, the Hemmer people said that if we allow a breakthrough from the Quast property parking lot in the rear to their property parking lot in the rear, then they would like to ask Council to consider the idea of making Chapel Place Drive which since its conception has been one way in, to make it two ways, in and out. The Committee approves suggesting to Council to grant that request but on the out lane be made right turn only. Their attorney was with them and asked that when the Committee talks to the City Engineer, the traffic engineer and the Police Chief would your also ask them to consider a left turn on the outgoing lane. That would still be a two lane, which would turn right or left only. This is the road across from Five-Seasons. Mayor Meier asked if there had been any decision by the Committee? Mr. Sommerkamp stated that that there has not. Mr. Meier said that there was much research needed before a decision could be made. Mr. Kramer stated that they did not ask for a change in their setback to accommodate additional parking up front. Mr. Sommerkamp stated that each and every building that goes up complicates the traffic situation on Thomas More Parkway.
Mr. Kramer thanked Mr. Sommerkamp for presiding at
the last meeting of the Committee since he had a funeral to attend and could
not be present. He explained that the
reason he has been following up regularly with Mr. Jeff Anderson, developer of
Rookwood Commons and other upscale retail centers, and Lawson Walker, Attorney
for the Crestview Hills Mall, is that City Council has conferred a major
benefit on the Mall in allowing the setback change so that restaurants could be
put in the front of the Mall. The only
reason he personally and, he believes, other members of Council agreed to the
setback change was that representations were made that there was a good
prospect that the setback change would lead to the re-development of the Mall
by Jeff Anderson. Mr. Kramer wants to
hold the Mall to those representations.
He has told the Mall representatives that we are counting on this, and
should this not come to pass in a reasonably quick period of time the
opportunity may bypass us, and if that happens he would remember it the next
time the Mall comes to him as Chair of the Committee and says "trust
me." Mayor Meier stated that he
has been communicating with Mr. Glenn Anderson about the status of the
redevelopment of the Mall.
Mr. Laird asked if there was any conversation at the meeting about the speed limit on Thomas More Parkway. Is there enough traffic generated there to warrant a slower speed limit. Mayor Meier stated that he thinks a 35 mph limit is sufficient. Mr. Laird expressed concern that every once and a while the traffic is a little strong through there. Mr. Sommerkamp agrees that it is a problem and it concerns him that when he takes a right hand turn onto Legends Way people who want to go beyond him go out into that turn lane, which is a no-no, just to get around him before he turns. Should someone come out of Legends Way from the doctor’s offices we have problems.
Mr. Ries suggested that a committee should be formed to try to revamp the entire Thomas More Parkway because it is getting to be such a mess. Mr. Reis stated that the City is just piece-mealing it by putting a patch here and there. Mayor Meier said he would rely on the Public Works Committee and Jim Berling, City Engineer to come up with a plan and if they need a traffic consultant the City will provide that consultant.
Mr. Maloney stated that he does not think the problem is the 35 mph speed limit the problem is keeping people driving at 35 mph. To slow less than 35 mph you can’t keep people from exceeding that limit. Mr. Maloney asked Chief Herbst what the chances of having a patrolman sit there even if he does not pull anybody over. Mayor Meier suggested that putting out the stealth radar on one of the light poles would be a possibility. Chief Herbst stated that he did not think that would be very helpful but they could try it. Mr. Sommerkamp stated that the patrolmen are on the lane next to the soccer field periodically so they are out there. Chief Herbst stated that due to the moving radar that works in front or behind it is not necessary to have a patrol car there for great periods of time. Mr. Maloney suggested that more warning by officers would go a long way. Chief Herbst disagreed. People catch on to that and pulling over people you almost have to give a citation.
Mayor Meier mentioned the number of real-estate signs that are around especially the Research Park Area should be looked at as possible violations. Mr. Sommerkamp thinks some of them have been up as long as 9 years. Mr. Groth stated that he and Walter Blair, Zoning Consultant met about that and they have a game plan they are getting ready to put into motion. Mr. Ries also asked about the grass growing so tall on the constructions lots. Mr. Groth explained that they are cutting the perimeter and leaving the tall grass in the middle high, which they are supposed to bush hog it once or twice during the summer, however, they have some construction equipment in there and the grass serves the purpose of hiding that equipment. Actually, according to Mr. Groth the area the grass looks better than the equipment. Mr. Groth has sent letters. If within ten days, it has not been cut Mayor Meier advised Mr. Ries to call Mr. Groth.
Mr. Maloney asked where the Committee stood with regard to The Bank of Kentucky sign. Mr. Groth answered that the Bank had applied for a permit back in April of last year, in that application they described just what kind of sign they want to replace the sign with and it was approved. Mr. Sommerkamp asked who approved the sign. Mayor Meier stated that the sign was approved by the Zoning Administrator, that is Mr. Groth. Mr. Groth stated that he approved the sign because the Bank said that to take the sign back to the etched in variety would have cost them $27,000. The Bank did not want to take the matter to their board of directors to have their stockholders pay for that when these signs cost $1200. Mr. Groth said the bottom line is that the signs were approved as a replacement and there is not much to be done about it. Mr. Maloney stated that he thinks we have egg on our face and there isn’t much we can do. Mayor Meier stated that this is the same sign that has been approved at every The Bank location throughout Northern Kentucky. They did not treat us different than anyone else. Mr. Maloney stated that we are treating them different by approving that sign. Mr. Sommerkamp stated that it was a multiplicity of signs. Mr. Maloney suggested changing the ordinance and letting everyone have the same advantage. Mayor Meier explained that the multiple signage was granted by the Board of Adjustments. If you felt that that decision was wrong, you had a right to appeal that decision to allow a third sign on the building. Mr. Maloney said that the sign is different than what was originally approved. What Council approved was a limestone with the name of the bank etched into it. Mr. Maloney said he is sorry it would have cost them $27,000. A 32 square foot sign would be about $50 per square foot. Mayor Meier stated that if Mr. Maloney wishes pursue the matter he will turn all the information over to the City Attorney and see how he feels about the matter. Mr. Maloney asked if the rest of council agrees to turn it over to the attorney. All agreed that this would be a matter for Jeff Mando, City Attorney to investigate. Mr. Maloney said that the sign can be faced over rather than taken completely out.
Recreation Committee
Mrs. Jameson Reported: The Committee is scheduled to meet this Monday. December 5th will be the next Tree Lighting Ceremony here at the City building at 4:30 PM to 7:00 PM
Mr. Groth reported that the next newsletter is due to come out in mid October. Mayor Meier urged Council that if there is anything they want to report to let the office know.
Mr. Sommerkamp reported: Mr. Laird along with two residents and Chief Paul Herbst served on the committee. After a three-month study, they recommended to Mayor Meier that if the reason for expanding the existing building was to add storage area and more efficient quarters for our staff they recommended no. If the idea was to bring the Lakeside Park/Crestview Hills Police to this building so there would be adequate facilities to assure for re-accreditation in the future and to let our police force to work in professional surroundings the Committee whole heartedly agrees to expand. Mayor Meier stated that the feels the police need a newer better place and it is not just for our own personal use. Mayor Meier stated that he thinks the City should move forward for an RFQ for design to see what kind of cost that is going to be for designing a new building. That may include interviewing the Police Department and the City officials to see what we need to determine the cost. Trying first to find an architect that we want to handle this. Mr. Sommerkamp stated that if we are going to enlarge this building to accommodate and insure the most professional Police Department for a city our size then we should also consider adding storage for our staff and upgrading the wiring to further modernize the building.
Mr. Laird asked if they should have a little more on the needs before doing that. Mayor Meier stated that an architect should be able to determine that by interviewing the Chief of Police, the Clerk and our people here to determine what our needs are. The architects will have the expertise to do that. It will cost consulting fees to get a better product. Mr. Sommerkamp said that if a builder got an RFQ he would want specifics. Mr. Laird stated that you are looking for two different people. Perhaps to figure this out the first the need will be someone to do the planning then someone else for the design process. Mr. Meier stated that Wolnetzick Architects had come up with some preliminary plans at one time and it is time to refresh that. It did not cost us a lot of money. Mr. Sommerkamp recommended assistance from other Cities that have built, as to procedure. Mr. Sommerkamp said the Committee has disbanded because it was a research Committee only.
ADJOURNMENT
Motion: Ralph Laird Second: Harold Ries
Ayes 6 Nays
0
Motion passed.
___________________________
Paul W.
Meier, Mayor
Attest: ____________________________
Judy Rae
Cox, Acting Clerk