CITY OF CRESTVIEW HILLS

MINUTES - REGULAR COUNCIL MEETING

October 12, 2000

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.

ROLL CALL - Present were Messrs. Ralph Laird, Harold Ries, Joe Maloney, David Kramer and Mrs. Robin Huller.  Mr. Frank Sommerkamp was in absentia.

APPROVAL OF AGENDA  -    Mayor Meier recommended the addition of the following items:  NEW BUSINESS  B) Safety- Halloween Hours, C)  Zoning – Text Amendment.   Approved as amended.  Ayes carried.

Motion: Mr. Ries                                       Second: Mr. Maloney

APPROVAL OF MINUTES -  Mayor Meier suggested the deletion of the entire first paragraph on page 2 of the September 14, 2000 minutes under the heading of OLD BUSINESS C.  Public Utilities.  Accepted as amended.  Ayes carried.

Motion: Mr. Kramer                                 Second: Mr. Laird

CITIZENS AND GUESTS

None noted. 

CITY ADMINISTRATOR’S REPORT

Mr. Celarek reported on the following:

1.      The Fall edition of the Eagle’s View newsletter is out and all residents and most businesses should have received one. 

2.      On Saturday, October 28th, the Kenton County Mayor’s Group is asking residents to volunteer between 9AM to 12PM to assist in cleaning up various areas of the county.  Each city is responsible for their area and assigning volunteers to the most needy sections within their boundaries.

3.      The Northern Kentucky Area Planning Commission is planning town meetings for the 2001 areawide comprehensive plan update.  The first scheduled meeting will be held Monday, October 30th at Summit View School in Independence.  The next meeting will be Wednesday, November 15th at John G. Carlisle Elementary School in Covington.  Crestview Hills plans to work on recommendations for our city at the November meeting of Economic Development.

4.      The Sanitation District No. 1 will begin work on a 2.3 million dollar sewer line replacement project that begins on Springside Drive in the Lookout Farm area.  It is anticipated the line replacement will alleviate the odor problem that has plagued the area for the last few years.  Also, the Sanitation District must work with individual cities in Northern Ky. to submit a storm water management plan to Federal by March, 2003.  The storm water system will be reviewed in 2001 for areas in need of repair or replacement and the cost will be estimated to perform the needed patches.

5.      The Crestview Hills Board of Adjustments will have a meeting on Tuesday, October 17th at 7PM to review a request from People’s Bank for a conditional use permit for Design Consortium in the HLC zone.

 

OLD BUSINESS

A.  Zoning – Ordinance 2000-9-1

Mr. Celarek stated that the ordinance, which would change square footage allowable for swimming pools or bath houses from 500 square feet to 200 square feet might need to be postponed since it was not in a formal format.  However, the City attorney, Mr. Mando, informed council that the minor text change could be made with the verbage presented.  The proposal was submitted to KC/MP/ZC and was approved 13 – 1 and was recommended by the Economic Development Committee last month.  Mr. Kramer made the motion to accept the minor text change to Crestview Hills Zoning Ordinance Z-00-08-01/1474R, seconded by Mr. Maloney.  Ayes carried.

B.  Public Utilities

Mayor Meier recounted the attendance of he, Mr. Celarek, and Mr. Maloney at the Erlanger Economic Development meeting where the position of the City of Crestview Hills was presented regarding the mini-power plant proposed near the residential area known as “Old Crestview.”   The Erlanger Economic Development committee gave the Crestview Hills representatives a copy of their Resolution 9-19-00, which stated approval of the project by the Erlanger City Council.  It was agreed that a joint-city committee should be formed, comprised of residents and elected officials from both cities. 

Mr. Celarek noted that a letter had been sent to Mr. James Bickford, Secretary of the Cabinet for Environmental Protection and Natural Resources, requesting a public hearing in the Northern Kentucky region when Cinergy applies for their state permit.  Mr. John Horvac sent a return letter acknowledging receipt.  It is believed that once the state reviews the application from Cinergy and a favorable opinion is issued, a public hearing should be held.  There is the possibility that the state will deny the usage or recommend approval once the residential concerns have been met. 

Mr. Celarek informed council of the results of a noise study that had been conducted by RNK Environmental in the following five locations:      1) Kenton County Library

·        in front of the Baptist Home located in Erlanger

·        the center/rear yard at 108 Vernon Ave.

·        the center/front yard at 109 Vernon Ave.

·        the intersection of Vernon and Sunset

The report showed that the noise levels currently met or exceeded Federally accepted levels.

#1        80 db. Max.               64.44 db. Mean        will significantly exceed Federal levels when leaves fall.

#2        66 db. Max                63.59 db. Mean        will significantly exceed Federal levels when leaves fall.

#3        90 db. Max                61.81 db. Mean        reaches Federal Highway Administration abatement

#4        70 db. Max                58.00 db. Mean        when the train passed, the level exceeded Federal levels.

#5        100 db. Max              60.87 db. Mean        when the train passed, the level exceeded Federal levels and will continuously exceed those levels when the leaves fall.

Discussion occurred on what constitutes acceptable levels of noise and why.  Mayor Meier expressed interest in another approach discovered by Mr. Mando.  It would be a matter of zoning whereby if Cinergy applies to the State to be an unregulated utility at this particular site, so they may act as an energy broker and sell power on the grid, then the utility must comply with the zoning code of Erlanger.  A non-regulated utility would be subject to section 278 of KRS.  The Erlanger Economic Development committee reviewed section 100 of KRS, which noted that a utility is exempt from zoning.  However, if Cinergy applies as non-regulated, they are not considered a utility, therefore must comply with all zoning codes that apply to the zone in which the company plans to build.  In that particular zone, energy- producing power plants are not a permitted use.  Under 9.12 of Erlanger’s Zoning Code, a public hearing for the Board of Adjustments would have to occur which would give residents of Crestview Hills an opportunity to express concerns.  There was discussion on future taxation benefits by the City of Erlanger and Erlanger-Elsmere Schools.  Mr. Mando will continue to research the issue and keep administration and council informed.

C. Finance – Ordinance 2000-9-2

Mr. Laird noted that this was second reading of the ordinance to set the property tax rate for calendar year 2000.  Mr. Laird discussed the outcome of the October Finance committee meeting, which was to keep the rate at .1525 per $100 valuation or 1.525 per $1000 valuation. Mr. Laird made the motion to accept Ordinance 2000-9-2, an ordinance providing for the levy, apportionment, and collection of taxes and revenue of the City of Crestview Hills, Kentucky for the year 2000.  Motion seconded by Mr. Ries. 

VOTE CALL:

Mrs. Huller – Yes, Mr. Laird -  Yes, Mr. Maloney – No, Mr. Kramer – Yes, Mr. Ries – Yes. 

Yes – 4                                   No – 1                                    Absent – 1

Mr. Maloney stated that he believed council should take into consideration that Kenton County valuations rose this calendar year and the City should watch it’s expenses.

 

NEW BUSINESS

·          Zoning 

Mr. Celarek noted that the Economic Development committee took no action on passing any kind of ordinance dealing with distance requirements or text amendments for zones because it did not seem to be appropriate for the City as most of the zoning codes cover allowable businesses within the different sections.  Mayor Meier clarified stating that the City is currently covered by the Kenton County law governing adult oriented businesses which states a proposed business must obtain the proper licenses, background checks, photo Ids, inspections, and other steps to obtain permission to open the doors.  Enforcement also falls under county jurisdiction at this time.  Discussion ensued on why the City of Covington opted out of Kenton County enforcement.

·          Safety

Mayor Meier suggested Halloween hours for trick-or-treating be on October 31st from 6PM to 8PM.  Motion stated as such from Mr. Laird, seconded by Mr. Maloney.  Ayes carried.

·          Zoning – Text Amendment

Mr. Celarek introduced a proposed text amendment concerning the storage or parking of trailers, mobile homes, campers, boats, recreational vehicles, inoperable vehicles and other such type equipment.  The last Economic Development meeting brought forth the following in section 9.22 (C):

 

        C. Outside storage of any trailer, R-V, mobile home, camper, boat, or other such type equipment, within any place or location in the city, shall be regulated as follows.  In no case shall more than one of the previously mentioned vehicles or similar type equipment be permitted outside of an enclosed building on any lot. 

 

o        Such equipment of 18 feet or less in length may be stored outside in the rear yards of residential districts with side and rear yard setbacks being maintained.  In cases where, due to unique conditions, topographical or otherwise, which do not allow use of the rear yard, the Board of Adjustments may permit such storage in another part of the lot excluding the front yard.

o        The storing of said equipment outside must be on a hard surface, such as asphalt or concrete.

o        Such equipment greater than 18 feet in length may be stored within an enclosed garage, or in the rear yard as approved by the Board of Adjustments for appropriate location and screening.

o        Storage of a trailer, R-V, mobile home, camper, boat or other such recreational type equipment may be permitted on hard surfaced driveways during the period from June 1 through the following September 1 for no more than 14 days, provided that the following conditions are met:

§         The required off-street parking spaces are available in addition to the space used for the recreational equipment.

§         The stored recreational vehicles shall not extend over any property or right-of-way line.

o        No storage of recreational vehicles, campers, and boats on trailers is permitted within driveways during the period from September 2 through the following May 31 of the next year.

Mr. Celarek pointed out that the language currently in place is unenforceable and these changes would make it easier.  Mr. Kramer made the motion authorizing Mayor Meier to instruct Mr. Celarek to submit the proposed changes to NKAPC and KC/MP/ZC for review.  Motion seconded by Mr. Ries.  Ayes carried.

 

COMMITTEE REPORTS

 

Public Works - Mr. Celarek commented projects at this time include:

·        Paul Michels & Sons Construction Co. has begun construction on the Dixie Hwy. sidewalk.  It will be completed this building season.  Commemorative plaques have been ordered for the sidewalk honoring Mrs. Beverly Draud.

·        The paving repairs at the middle entrance to Four Seasons are complete

·        Widening of Thomas More Parkway near Turkeyfoot Road has been approved by the State of Kentucky.  Bids will be taken later in October, 2000.  Construction will start next season.

·        A contractor has been selected to underpin the headwall on the outlet end of the 72” pipe under Campus Drive and install rip-rap on both ends of the culvert. 

·        Reconstructing parts of it with concrete or resurfacing it with blacktop will improve Lookout Farm Drive.

 

Police Authority – Mrs. Huller noted that a refund has been issued to Lakeside Park and Crestview Hills for excess funds.

CHEER – Mayor Meier informed council that the contract with Rumpke has been completed.

Recreation – Mr. Celarek reminded council of the 14 recommendations from the Long Range Recreation and Open Space Committee.  The recommendations will be reviewed and presented to Council for endorsement, if the project has not already been considered in the budget, after costs have been determined and approximate time tables for completion of each of the recommendations.  Discounted Cincinnati Cyclones tickets and the holiday tree lighting on December 1st were mentioned.

Communications – Mr. Celarek stated that political sign regulations were sent to all council members.  Signs cannot be over 12 square feet, can not be publicly displayed until 60 days prior to the election and must be removed within 10 days following the election.  Residents were urged to check the visibility of house numbers as this can be a determining factor in the expediency of emergency personnel and equipment.  Community leaders are invited to attend the Cinergy Leadership conference on November 9th.

 

After general conversation, motion to adjourn made by Mr. Laird, seconded by Mr. Maloney at 8:48PM.

 

 

 

 

 

 

 

 

____________________________                     ______________________________

Mayor Paul W. Meier                                     City Clerk C.R. Monhollen