CITY OF FORT MITCHELL, KENTUCKY - DOC by deECUcY0

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									                               CITY OF FORT MITCHELL, KENTUCKY
                                     CITY COUNCIL MEETING
                                    October 6, 2008 – 7:00 p.m.
  CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
  Mayor Holocher called the meeting to order at 7:00 p.m. and lead the Pledge of Allegiance.
  PRESENT: Mary Burns, Doug Hill, Bill Reis, David Stoeckle* and Dennis Zahler. Vicki Boerger was
  absent at roll call but arrived at 7:05 p.m.** Absent: Timothy Hollenkamp and Renée Oka. Others
  Present: Mayor Thomas Holocher, Police Capt. James Bussman, Fire Chief Scott McVey, Public
  Works Director Robert Zerhusen, City Attorney Robert Ziegler, and City Clerk Amy Able.

  APPROVAL OF AGENDA AND MINUTES
  Mr. Hill made a motion to approve the agenda, Mr. Reis offered a second to the motion; motion
  carried by voice vote.
**(Mrs. Boerger arrived.)
  Mr. Zahler made a motion to approve the minutes of the August 4, 2008 meeting, Mr. Reis
  offered the second; motion carried by voice vote.

  Mr. Reis made a motion to approve the minutes of the August 25, 2008 Public Hearing and
  Special Council Meeting, Mr. Stoeckle offered the second; motion carried by voice vote.

  Mrs. Boerger made a motion to approve the minutes of the August 28, 2008 Special Council
  Meeting, Mr. Reis offered the second; motion carried by voice vote.

  CITIZENS NOT ON THE AGENDA
  Mike Schwartz of the Northern Kentucky Area Planning Commission (NKAPC) addressed
  Council reviewing the history of sign regulations and the new model and responded to questions.
  The comprehensive evaluation was done and included an expert on free speech issues. They also
  reviewed what cities wanted to keep and a clear answer was cities wanted strong language to prohibit
  new billboards. The draft given to Council is the recommendation of NKAPC and believed to be
  legally defensible (especially with regard to the Sixth Circuit), written with flexibility toward business
  and property owners. Numerous meetings were held with officials and they notified sign contractors
  who had applied in the previous year. NKAPC held public hearings and recommends approval of the
  model regulations. The new regulations will eliminate having Classes 1- 9 and now there will only be
  classifications of wall, window and free-standing signs. Existing, non-conforming structures would be
  grandfathered in and allowed to continue but could not be made larger or taller. Mr. Schwartz stated
  if re-construction of a road caused removal of billboards the company would be compensated and
  they would not be allowed to replace it. The regulations are content neutral. The only time limits are
  for signs relating to time specific events needing to be removed seven days after the end of the event.
  The limitations for a residential lot would be a maximum of four signs, the allowable size would be six
  square feet in area, they shall be non-illuminated, and they must be at least five feet back from the
  property line. NKAPC hopes the cities will act promptly to adopt the regulations by the end of the
  calendar year.

  Jerry McIntyre of 43 Beechwood Road addressed Council regarding his concerns about the
  proposed improvements and expansion at Beechwood School. He stated neighbors have attended
  School Board meetings but do not feel there has been adequate communication with property
  owners. He asked that as permits or variances are obtained the voice of the citizens be heard.
  Mayor Holocher and Mr. Ziegler noted that as a public entity, variances, conditional use and zoning
  requirements for the school do not come before Council. Mr. Schwartz confirmed that a public school
  system is not exempt from the building code but is exempt from zoning. Mayor Holocher said Mr.
  Miller has expressed they would make an effort to make it attractive and be sensitive to the citizens
  across the street.

  MAYOR’S REPORT

  As a result of the recent wind storm there was damage and trees down throughout the City. The
  Mayor stated the Public Works, Fire and Police Departments worked very hard including the Fire
  Department Volunteers. He noted special thanks for the long hours worked by the Public Works,
  Police and Fire Departments. The City wanted more dumpsters for collection but could not get them.

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   City of Fort Mitchell, Kentucky
   City Council Meeting
   October 6, 2008 – 7:00 p.m.

   Four vehicles were auctioned Saturday for an approximate total of $10,000.

   Mayor Holocher stated he has met Jim Huff several times in recent weeks. He has been working with
   the owners of the Reserve at Fort Mitchell. There had been some talk of the Reserve owners
   purchasing the Huff property on Beechwood Road for green space but it appears this will fall
   through. Mr. Huff is proposing a zone change to put in patio homes or condominiums. His plan had
   fifteen units but he has agreed to limit it to twelve.
*(7:32 p.m. Dave Stoeckle excused himself from the meeting.)
   In 1994/1995 the Mayor’s Group started a tax committee who encouraged collection of business
   licenses by the County and the County-wide license. The committee is active again, is trying to
   bring Covington in (who has continued to collect their own license fees), and the committee is
   interested in working up a tax rate for businesses which are transient throughout the county. A
   melded rate of payroll tax with distribution to all the cities will make it easier on businesses. If
   Covington comes in they may raise the county-wide rate perhaps from $175 to $225. That would be
   the first increase since the inception in 1994/1995. This would allow an amount to go directly to
   Covington and an amount to cover the distribution of the county wide license. Currently the
   distribution of the countywide license is based on the number of domicile businesses in each City.
   Raising the Countywide fee helps ease any losses and provide for Covington. The Mayor said the
   formula is not yet certain; basing it on population does not make sense, there must be an equitable
   approach.

   Regarding the Kroger project, there have been numerous meetings. The parking requirements are
   being reviewed. The existing parking is 3.37 spaces per 1,000 feet of gross floor area and the
   Ordinance requires 5.5 spaces per 1,000 feet of floor area. The City has applied for additional right-
   of-way from the Transportation Cabinet for an additional half acre in the area.

   Council was provided a copy of a letter on Cincinnati Bell trying to get franchise for cable
   television.

   The Municipal Government League of Northern Kentucky will hold a dinner on November 15.
   Council may make reservations through the City Clerk.

   The engineer is reviewing the sidewalk on the East side of Dixie Highway between Idaho and
   Highland Avenues. The cost estimate is $50,000 - $60,000. A previous grant application was
   denied. The idea would be to have a berm as a barrier between the highway and sidewalk.

   The Mayor has received a preliminary drawing from the engineer for the sidewalk requested on
   Orphanage Road. There is some additional work required where the slope back toward the houses
   would be. A public hearing would likely be required, it appears there is sufficient right-of-way for the
   project, and the estimate is yet to come.

   The Mayor commented on the following items the City Administrator noted in his written report to
   Council.

   The new owners of the USA Hotel want to put in one or two additional businesses at the property but
   it is not clear if they have enough room.

   The City is working with the State to get some warning of children crossing Dixie Highway at
   Beechwood Road. Disallowing a right turn on red there may cause a significant traffic back up.

   The engineer is preparing a cost estimate for the sidewalk project at the “End-of-the-line”. The
   project is not expected to be completed this year.

   CITY ATTORNEY’S REPORT

   Mr. Ziegler read Resolution 2008-04. Mayor Holocher explained that due to a legislative change,
   new employees hired after September 1, 2008 with no prior CERS service would be deemed non-

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City of Fort Mitchell, Kentucky
City Council Meeting
October 6, 2008 – 7:00 p.m.

hazardous in CERS unless or until the position is submitted for approval as hazardous. This would
apply even if there are others in an identical position that was previously given hazardous duty status.
The resolution is simply a housekeeping item. Mr. Hill made a motion to approve Resolution
2008-04, Mr. Reis gave second to the motion. Mayor Holocher called for any questions or
comments, upon hearing none he called for a roll call vote.

            Mr. Hill:             Aye    Mrs. Boerger: Aye
            Mr. Reis:             Aye    Ms. Burns:    Aye
            Mr. Zahler:           Aye

            Ayes: 5       Nays: 0       Absent: 3
            Resolution 2008-04 was passed.

Mr. Ziegler gave an explanation of Ordinance 2008-11 regarding a text amendment in the Mixed
Land Use (MLU) Zone. As noted in the City Administrator’s report to Council, this relates to outdoor
dining at the Grandview Tavern on Grandview Drive. Mr. Schwartz confirmed NKAPC recommended
approval as a permitted use (as they have previously for other zones), and Mayor Holocher added for
consistency the City may wish to approve it as a conditional use in the MLU Zone. Mr. Ziegler
explained allowing it as a permitted use is a wider application whereas allowance as a conditional use
requires approval of the Board of Adjustment. Mr. Ziegler gave first reading by title and summary
to Ordinance 2008-11. There was a brief discussion about the different application of permitted and
conditional uses. The first reading was to make it a Conditional Use in the MLU Zone.

COMMENTS FROM COUNCIL
Chief McVey reviewed the report for September noting of 130 Fire Department calls, 51 were on the
day of the wind storm. There were 113 squad runs in September. One notable incident was a small
fire in a kitchen. Chief McVey reminded everyone October is Fire Prevention month and encouraged
residents to be pro-active. He answered Ms. Burns’ question about fire extinguishers explaining they
should have a rating on them, if not or if you cannot remember when you purchased it then it is time
to replace it.

Mr. Zerhusen gave a project update. There is 320’ of street remaining on Ross; this should take five
or six weeks. He is working with the Water District on Lawrence Drive, they contracted with Paul
Michels and this should start next week, weather permitting. The paving schedule depends on the
Water District’s progress. Regarding the wind storm he noted that the City used Jim Partin Tree
Service the night of the storm. Mr. Partin, who is a resident, did a fantastic job and helped to open
the streets that night and worked with the City the next three days.

Ms. Burns noted the lines on Beechwood Road from Royal to Beechwood are no longer visible and
this is becoming a hazard as drivers become confused and use the wrong lanes. Mr. Zerhusen
replied he has bids and this should be addressed in the next few weeks.

Mayor Holocher stated representatives from the Adopted Unit will be visiting the City and attending
the Beechwood football game on October 24. Nancy Taylor, recently retired from Beechwood
continues to volunteer and work hard with the Adopt-a-Unit Program.

Ms. Burns asked about absentee ballots. The City Clerk noted absentee ballots are available at the
Kenton Co. Clerk’s office (303 Court Street in Covington) from October 4 – November 3.

Mr. Reis thanked Mr. Scott for his email and positive message regarding the tax rate.

ADJOURNMENT There being no further business, Mr. Hill made a motion to adjourn; second was
offered by Mr. Zahler. Motion carried by voice vote; the meeting adjourned at 8:05 p.m.

Respectfully submitted by:                                Signed__________________2008

________________________                         ____________________________
Amy B. Able, City Clerk                          Thomas E. Holocher, Mayor

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