City of Crestview Hills
Regular Council
Meeting
January 9, 2003
7:30 PM
Call to Order – Mayor Paul W. Meier called the meeting to order with the pledge of allegiance and silent prayer.
Roll Call – Present: Terri Jameson, Messrs. David Kramer, Ralph Laird, Joseph Maloney, Harold Ries and Frank B. Sommerkamp, Jr.
Citizens & Guests – Paul Hemmer, Sr., Hemmer Company, Don Hemmer, Attorney for Hemmer Company, Mike Hargis, Hemmer Company. Joseph Gross, President of St. Elizabeth Hospital. Kathleen Corneil, Lookout Farm Homeowners Assoc.
Approval of the Agenda- The agenda was approved as presented.
Motion: Harold Ries Second: Terri Jameson
Ayes: 6 Nays: 0
Approval of Minutes – The minutes of the December 12, 2002 meeting was approved with the following corrections: 1) Page 10 – second paragraph – last sentence should indicate that Mr. Sommerkamp received several phone calls not one call. 2) Page 11 – paragraph 1 – second to last sentence should read that Mr. Sommerkamp said Summit Drive not Summit Lakes. 3) Page 8 – second paragraph from the bottom – first sentence should indicate that Mrs. Jameson stated she was proud of the citizens instead of Council.
Approved as corrected:
Motion: Frank Sommerkamp, Jr. Second: Terri Jameson
Ayes: 6 Nays: 0
Mayor’s Report- Mayor Meier reported on the following:
Old Business - None to report.
New Business – Mike Hargis, Hemmer Company presented to Council the Hemmer Company’s plan to build a 2-story office building on Lot 15C in the Research Park adjacent to Chancellor Commons. The facility is for Oncology Associates, a complete cancer care center. The facility would contain 27,000 square feet of office space. The first floor to contain a Radiology department with adequate space for another potential tenant; second floor would contain a Blood Oncology Department. The facility would have 134 parking spaces – the requirement is 130 spaces.
There is a 50 feet gas easement already there. A storm water detention facility will accommodate four sites. When fully developed this will take care of all the flag lots, which the City allowed for compliance with subdivision regulations. The building project will be serviced off the private drive connected with the condos to Centre View Blvd., which is a private drive. Council decided to keep this a private drive. (a site plan – is on file showing compliance with subdivision regulations)
Mr. Hargis stated that Hemmer Company is asking for Stage I and Stage II approval. Hemmer Company would like to have the building under roof by January 1, 2004. The outside of the building will be of similar brick used on the Chapel Place Buildings with a band of windows. The building is in an isolated location, therefore, he tried to give some variation to the building, feeling that Council, at one of Council meetings, mentioned that the buildings looked too similar in the park. To do so the building has a flatter roof than other buildings in the area but is offset by parapets which will offset the flat roof and vary the building appearance.
The Stage I & II plans were submitted for recommendation by NKAPC. NKAPC came back with five items to be addressed. Those five items have been addressed as follows: Item #1) Storm water calculations have been submitted to NKAPC as requested. Item #2) Hemmer Company agrees that the landscaping plan meets the Crestview Hills regulations. Item #3) Information on the number of medical employees and parking calculations has been submitted to Walter Blair in the form of a letter, dated January 7, 2003. Item #4) Site lighting will be 24’ high “shoe box” type pole fixtures. Location of the fixtures is as indicated on the Site Utility Plan, Drawing C2.03. Item #5) Erosion control measures (silt fence) are indicated on the Site Grading Plan, Drawing C2.02, with additional information on Drawing C3.03. Item #6) As requested by Walter Blair, we agree to submit to the City, a copy of the maintenance agreement for the private drive as soon as the finalized document is available.
Mr. Ries inquired about an apparent perfusion on the side of the building in the drawing. Mr. Hargis stated that that is to show a brick entrance canopy.
Mr. Laird stated that he is not in favor of the flat roof for the building.
Mr. Kramer stated that he must recuse himself from any vote on the Stage I and II for this building, due to his law firm’s representation of St. Elizabeth Hospital.
Mr. Sommerkamp stated that he had mentioned the likeness of the buildings in the Research Park, however, he wishes to apologize for the statement.
Mr. Hargis explained that the drawing he has presented is a mass model, not an artist rendering. That picture has a rather stark appearance because no landscaping is being shown, etc.
Mr. Laird inquired whether Council would see the landscape plans. Mayor Meier stated that the landscape plans were submitted with a shortage of 200 square feet. This was brought to their attention and Mr. Hargis. Mr. Hargis had put some extra landscaping to buffer the parking lot, which made up for the 200 square feet.
Mr. Berling, City Engineer, asked Mr. Hargis if the Architectural Review Board of Thomas More College was still in operation and/or is that documentation being adhered to or was it retained when the land was sold to Hemmer Company. Mr. Hargis stated that the Board has been retired as several members have since retired. Mr. Hargis stated that this plan is not restricted by any such plan.
Mayor Meier recognized Paul Hemmer, Sr. in the audience. Mr. Hemmer Sr. stated it was good to be here, but had no comments.
Joe Gross, President of St. Elizabeth Medical Center addressed Council about the proposed Oncology project. Mr. Gross presented a newspaper article that stated that doctors were moving out of the State of Kentucky as testimony that the medical community is going through a rough period. According to Mr. Gross, St. Elizabeth Medical Center has a state of the art Cancer Care Center. This project is a duplication of an already existing service. He asked that Council consider that duplicating this service would make it difficult to fund for the Hospital in the future.
Don Hemmer, Attorney for Hemmer Company, addressed Council. Mr. Hemmer stated that is not legal for Mr. Gross to ask that the City deny this project on the premise that it would be competition for the Hospital. Hemmer should not be deprived the right to develop this property for the intended purpose. Competition he stated is inevitable.
Dan Groth, City Administrator, stated that the Economic Development Committee, at its regular meeting made no recommendation. Attempts to bring this to a vote of the members resulted in two members declining to vote and no recommendation was forthcoming.
Dave Kramer, Chair of the Economic Development Committee, reported that the matter was not put to a vote. Since the members could not come to a consensus, Mr. Kramer advised the committee that the matter should be decided by City Council, since they were the final legal voting body on the matter.
Mr. Maloney stated that he appreciates Mr. Gross’ dilemma, however as long as the developer has submitted for and is in compliance with zoning regulations; the developer has the right to the development. Council, he feels is legally bound to allow the development.
Mr. Laird stated that there were five assisted living projects interested in locating in the City at one time. He noted that the City had no reason to deny the facility if Stage I and Stage II site plans are submitted under the City’s zoning laws; competition was not a valid reason for turning those facilities down. He thinks that denying this project could leave the City open to legal action.
Note: Walter Blair, Zoning Consultant has researched the matter and offered the following observations via a memo to Mr. Groth – that memo reads: “Subject: Hemmer Development – Cancer Center - I have done some research on restricting competition in zoning regulations. The matter of cancer treatment facilities was brought up at the Economic Development Committee when it was pointed out that the hospital has “adequate” cancer treatment facilities and those proposed by the development I the Research Park would be detrimental to the hospital.
The research found that “mere competitive injury” is not an interest protected by the zoning laws”, also, zoning is intended to regulate property use not competition.
While some jurisdictions do have growth management ordinances, the terms and conditions of the management items have to be given the jurisdiction by the enabling legislation as well as incorporated within the zoning ordinance. Neither is present in this case.
Protection of the hospital from competition could trigger anti-trust liability. As you recall, Mr. Hargis indicated legal action should the City deny this project if all zoning regulations are met.
It is urged tat legal council be sought for advise should City Council indicate that it would deny this project.
There are several items that need to be furnished the City to meet the requirements of the ordinance. These are included in items 1,4, and 5 of the Planning Commission letter. Also, note that their calculation of 1,673 square feet building is an error. Mr. Hargis submitted correct calculations at the Economic Development meeting. His information also answered the adequacy of off-street parking.”
Motion to Approve Stage I and Stage II for a two-story office building on lot 15C in the Research Park adjacent to Chancellor Commons – Developer Paul Hemmer Company – owner Oncology Associates.
Motion: Joe Maloney Second:
Ralph Laird
Ayes: 4 Nays: 1 Recuse: 1
Vote Call:
Joseph Maloney – Yes; David Kramer –
Recused; Ralph Laird – Yes;
Terri
Jameson – Yes; Harold Ries – Yes; Frank B. Sommerkamp, Jr. – No
Mr.
Sommerkamp explained his vote. He has
been on the St. Elizabeth Hospital Fund Raising Board for some years. He helped raise funds of around $100,000 for
the facility. Mr. Sommerkamp agrees
with Mr. Gross that doctors are moving out of Northern Kentucky. He further stated that this facility (as
vote call before this statement indicates) has been approved here tonight
because the Council is legally bound by the vote. However, he feels there could be a problem in future if St.
Elizabeth is forced to sacrifice state of the art medical care in the area
because of competition.
Motion
passed.
STATE OF THE CITY – Mayor Meier stated the following accomplishments in his state of the city report for 2002 –
Mayor Meier offered words of thanks to City Council, volunteer board members, staff, and members of the Lakeside Park/Crestview Hills Police Authority, and to the City of Fort Mitchell and Edgewood Fire Departments for their contracted services for fire and ambulance, thereby making Crestview Hills a wonderful place to call home and a great place to work.
GOALS and OBJECTIVES FOR 2003 – As he starts his second term as mayor, Mayor Meier expressed his desire to continue to work with City Council and staff to continue to improve the City with more public works projects, recreational activities and economic development projects.
Mayor Meier asked for support and assistance to accomplish these Goals for a better Crestview Hills.
First Reading of Ordinance #2003-1-1 – an Ordinance Providing for a Credit of its Occupational License Fee for New Kentucky Resident Employees as Part of an Economic Development Project by the Kroger Company Under the Kentucky Jobs Development Act (KRS 154.24.010-.160,KRS 141.120,KRS 141.350 AND KRS 11.407 – Mayor Meier explained that the Ordinance would give a 1% tax credit for residents of Kentucky who work for the Kroger Facility located in the City. The credit would be in effect for 10 years. This is part of the incentive to bring businesses into Kentucky known as the Kentucky Jobs Development Act (KJDA). The state will allow the eligible employees a 4% payroll tax credit for 10 years and the City is bound by the Act to give a credit of (in our case 1%) 10 years in kind.
Mr. Maloney stated that was against the project and was the dissenting vote when Alliance Research was given the incentive.
Mr. Sommerkamp stated that this would give an incentive for Kroger to hire Kentucky people. Mr. Kramer concurred that this was the aim of the State of Kentucky. He stated that because Kroger is a Fortune 25 Company the City has a good decision, i.e. investment by granting them the Kentucky Jobs Credit.
Ms. Jameson asked what this meant to the City with reference to revenue.
Discussion followed – by way of explanation of the Jobs Act.
Mayor Meier has invited Dan Tobergte of the TRI-ED to speak at the next Council meeting.
Mr. Groth reported that the 2003 Committee assignments have been made. He asked that Judy VonHandorf be added to the Recreation committee and Mr. Kramer be added as a member of the Police Authority.
Mr. Groth also stated that Hank Boehmer has resigned from the Board of Adjustments. He is making an attempt to fill the position and is awaiting a returned phone call. The term is for 4 years.
Public Works – Mr. Sommerkamp reported.
3. The City is still investigating improvement and landscaping of the median in Turkeyfoot Road between Crestview Hills Mall Road and I-275.
4. The Lighting on Thomas More Parkway will be completed in 4 or 5 months. The City is waiting on state funds.
5. Mr. Berling is working KDOT to is study the traffic congestion on Turkeyfoot & Thomas More Parkway.
Mayor Meier inquired of Mr. Berling, whether he had met with Mr. Hemmer, Jr. about the possibility of lakes on Thomas More Parkway. Mr. Berling stated that he has met with them, however nothing has been finalized. Mr. Berling stated that the Thomas More Parkway Lighting is being researched. The poles will be 30 – 35 feet – they are previously used poles. There are some questions regarding the installation and maintenance of the lights.
Mr. Maloney inquired whether the City has plans to fix the potholes in the lot, next to the building. Mayor Meier stated that the lot is on list for repair.
Mr. Kramer inquired whether there is a timetable for the study of the planned berms. Mr. Sommerkamp stated that he hopes to wrap that up this spring. There has been contact with residents within a quarter mile of the proposed berms and the feedback has been positive. Mayor Meier stated that the benefit of the berms is still being studied.
Mr. Maloney commented that he had previously been opposed to a wall, however, he the wall on the expressway near Kenwood and the brick wall in Ft. Mitchell has aesthetic value. Also, foliage growing on the walls make them more pleasing.
Mr. Maloney inquired of Mr. Berling whether the possibility of blacktop versus the concrete along expressway was a possibility. Mr. Berling stated that since the cost of the project was enormous he doubts the State would be open to the prospect.
Finance Committee- Mr. Laird reported that Linda Chapman, Rankin & Rankin met with the committee on Wednesday. The committee has asked for an analysis of the Accounting Software Package.
Mr. Maloney inquired about the decision regarding bonding of employees. Whether, that has been increased. Mr. Laird stated that the matter is in process.
Fire/Safety – The Ft. Mitchell Fire Department has hired Chuck Dietz to fill the police chief position. Mayor Meier stated that he will draft a congratulatory letter.
Economic Development – Mr. Kramer stated that the 328 Thomas More Parkway building has begun building. All permit procedure has not been adhered to, therefore a certified letter has been sent giving the developer ten days to comply.
Recreation Committee – The Annual Golf Outing has been will be discussed at the meeting on January 27th at 10 AM.
Personnel Committee – The committee will meet on January 15th at 4 PM.
Motion: Mr. Kramer Second: Mr. Laird
Motion passed
Motion: Mr. Maloney Second: Mrs. Jameson
Ayes: 6 Nays: 0
Motion passed
Motion: Mr. Laird Second: Mr. Kramer
Ayes: 6 Nays: 0
Motion passed
____________________________
Paul W. Meier, Mayor
Attest: ____________________________
Judy Rae Cox, Acting Clerk