CITY OF FORT THOMAS,

CAMPBELL COUNTY, KENTUCKY, ON

MONDAY, NOVEMBER 16, 2009

Mayor Mary Brown called the meeting of council to order at 8:00 p.m. on Monday, November 16, 2009. The Clerk called the roll and the following Councilmembers were present: Lisa Kelly, Jill Steller, Eric Haas, Roger Peterman and Tom Lampe. Absent: Jim Doepker. Staff members in attendance included: City Administrative Officer Don Martin, City Clerk Melissa Kelly, Finance Director Fred Ewald, Fire Chief Mark Bailey, Police Chief Mike Daly, and City Attorney Jann Seidenfaden.

Mayor Mary Brown led the Pledge of Allegiance to the flag.

Minutes

The minutes of the November 2, 2009 meeting were presented to council for consideration. A motion was made by Mr. Peterman to approve the minutes at written, it was seconded by Mr. Haas. The motion passed by a unanimous vote.

Visitors and Communications

Mayor Brown commented on an e-mail received from Stephanie McNay regarding speeding on West Southgate Avenue. Don Martin noted that he has responded to Mrs. McNay’s e-mail and the city is waiting on the recommendation from the city engineer, CDS Associates. Once the recommendation is received, this matter will be presented to the Public Safety Committee for review and recommendation.

Reports of Boards, Committees or Commissions

Report of the Law, Labor and License Committee: Jill Steller reported that the Law, Labor, and License Committee of Council met prior to the council meeting to discuss a request from a resident asking the City of Fort Thomas to join the Campbell County Cable Board. Executive Director Jennifer Teipel was present to answer questions. The committee tabled the issue pending additional information and discussion by the Committee. The Law, Labor, and License Committee will re-convene in the near future to discuss the issue and to formulate a recommendation to the full council.

Reports of Officers

Fire Department Monthly Report for October: Chief Mark Bailey: Chief Bailey presented his monthly report for October to Council. Chief Bailey noted that there were many activities offered by the Fire Department in conjunction with Fire Prevention Month. A motion was made by Mr. Lampe and seconded by Mr. Haas to receive and file the monthly report for the Fire Department. The motion carried by a unanimous vote.

Police Department Monthly Report for October: Chief Mike Daly: Chief Daly presented his monthly report for October to Council. Chief Daly noted that Lt. Jamey Gazala and Officer Mike Jansen had applied for a $23,300 grant through the Kentucky Justice and Public Safety Cabinet. On October 28^th, the Fort Thomas Police Department was awarded the grant. These funds will allow Fort Thomas Police to purchase 7 Eagle Eye digital video recorders to be installed in the police cruisers. A motion was made by Mrs. Steller and seconded by Mr. Haas to receive and file the monthly report for the Police Department.

Mayor Brown thanked the Police and Fire Departments for all of their hard work on last month’s activities and events.

Mayor Brown noted that the dedication for the Fort Thomas Military and Community Museum was held on Sunday, November 15^th. She commended Debbie Buckley, Renaissance Manager, City Staff, and the Museum Committee for all of their hard work on this project.

Report from City Administrator: Don Martin: Don Martin presented a report to council on the following:

Rossford Park: A public forum was held on Thursday, November 5 at 7:00 p.m. to review the draft Rossford Park Master Plan. Approximately 30 people were in attendance to comment and/or ask questions about the project. Once the design team has finalized a draft master plan, a meeting of the Recreation Committee of Council will be convened to review the plan and formulate a recommendation to council.

“Trash Pickers” Regulations: Staff has been investigating the issue of regulating “trash pickers” who look through trash placed at the curb. Staff will continue to research this issue and provide additional information to council in the near future.

Police Department Renovations: The police department is scheduled to begin moving into the remodeled area the week of November 16^th. The move will take place over a period of a couple of weeks. An open house is schedule in conjunction with the “Holiday Walk” on December 6^th.

Highland United Methodist Church Historical Highway Marker Application: Highland United Methodist Church has applied for a Kentucky Historical Highway marker. The marker will be placed on private property.

New Business

Consideration of Contract Proposal for City Engineer: CDS Associates, Inc. has submitted a proposal to continue providing engineering services to the city. The rates will remain unchanged due to the current economic issues. A motion was made by Mr. Peterman and seconded by Mr. Lampe to approve the contract for CDS Associates, Inc. Upon call of the roll, the following members voted “aye”: Ms. Kelly, Mrs. Steller, Mr. Haas, Mr. Peterman, and Mr. Lampe. Voting “no”: none. The motion carried by a unanimous vote.

Consideration of an Agreement with Campbell County Fiscal Court for Improvements to the Soccer Complex: The Campbell County Public Works Department has agreed to make improvements to the fields at the soccer complex next to Pendery Park. The work entails aerating and reseeding. In exchange the city will pay for the seed and provide fuel for the work. A motion was made by Mrs. Steller and seconded by Mr. Haas to approve the agreement with Campbell County Fiscal Court for the improvements to the soccer complex. Upon call of the roll, the following members voted “aye”: Ms. Kelly, Mrs. Steller, Mr. Haas, Mr. Peterman and Mr. Lampe. Voting “no”: none. The motion carried by a unanimous vote.

Southbank request to Re-appropriate Funds: Several months ago Southbank requested donations from member cities and outside agencies to fund lobbying efforts in Washington, D.C., towards the creation of the Riverfront Commons project. Because federal stimulus funds are being distributed through the States, the lobbying efforts have been suspended. Additionally, several months ago Southbank asked member cities to support a Resolution authorizing them to enter into an agreement with the Port Authority to serve as a conduit to facilitate an Army Corps of Engineers feasibility study, also for the Riverfront Commons project. The Army Corps has indicated that in order to obtain grant funding for the feasibility study Southbank must provide a $96,000 match. Southbank is asking permission from the cities to use the previously submitted donations towards the Army Corps study rather than for the lobbying efforts. Without this study, the Riverfront Commons project will not proceed. A motion was made by Mrs. Steller and seconded by Mr. Haas to approve the request by Southbank to re-appropriate $5,000.00 toward the Army Corps study rather than lobbying efforts. Upon call of the roll, the following members voted “aye”: Ms. Kelly, Mrs. Steller, Mr. Haas, Mr. Peterman and Mr. Lampe. Voting “no”: none. The motion carried by a unanimous vote.

Consideration of a Proposal from CDS Regarding Road Slippage near 570 Waterworks Road: Waterworks Road in the vicinity of the home at 570 has begun to slip and the city is concerned about potential structural damage to the house. Staff has requested a proposal from CDS/Thelen to investigate the subsurface conditions to facilitate the design of a repair, prepare bid documents, and provide construction oversight. The total amount of the proposal is $26,000 and includes CDS’s fees of $19,400 and Thelen’s estimated fees of $6,600. A motion was made by Mr. Haas and seconded by Mr. Peterman to authorize the proposal from CDS / Thelen to investigate the subsurface conditions, and, if repairs are time-critical, to authorize CDS to proceed with designing the wall, and soliciting bids for construction of same, for council’s consideration. If it is determined that repairs are not time-critical then it be referred to the Public Works Committee of Council for possible inclusion in the 2010 Street Program. Upon call of the roll, the following members voted “aye”: Ms. Kelly, Mrs. Steller, Mr. Haas, Mr. Peterman and Mr. Lampe. Voting “no”: none. The motion carried by a unanimous vote.

Consideration of a Proposal from CDS for Architectural and Engineering Services for the Amphitheater Project: CDS has submitted a proposal for Architectural and Engineering Services for the amphitheater project. Because of the soil conditions (non-engineered fill material) the design will likely have to incorporate sub-surface piers and will require geotechnical exploration. Thelen has submitted a two-part proposal for the geotechnical work. Option 1 is for the area under the amphitheater in the amount of $6,961.38 plus $567.00 to backfill the holes with grout. Option 2 is to evaluate the consolidation of fill, the area under the proposed stairs, and under the proposed retaining walls in the amount of $2,903.50 plus $336.00 to backfill the holes with grout. CDS has submitted a proposal for Architectural and Engineering in a lump sum amount of $32,249.00.

A motion was made by Mr. Peterman and seconded by Mr. Lampe to approve Option 1 of the proposal by Thelen in the amount of $7,528.38 and to amend the budget accordingly. Upon call of the roll, the following voted “aye”: Ms. Kelly, Mrs. Steller, Mr. Peterman and Mr. Lampe. Voting “no”: none. Mr. Haas abstained from the vote. The motion carried.

A motion was made by Mrs. Steller and seconded by Mr. Peterman to approve the Architectural and Engineering services from CDS in the amount of $32,249.00 and to amend the budget accordingly. Upon call of the roll, the following voted “aye”: Ms. Kelly, Mrs. Steller, Mr. Peterman and Mr. Lampe. Voting “no”: none. Mr. Haas abstained from the vote. The motion carried.

Report on Vouchers

The Finance Committee presented its Report of Disbursements and recommended the payment of warrants numbered 59045 through 59156 for the period of November 3 - 16, 2009. A motion was made by Mrs. Steller and seconded by Ms. Kelly to concur in the recommendation of the Finance Committee. Upon call of the roll, the following members voted “aye” – Ms. Kelly, Mrs. Steller, Mr. Haas, Mr. Peterman and Mr. Lampe. Voting "no" - none. The motion passed by a unanimous vote.

Ordinances, Resolutions, and Orders

Ordinance O-19-2009: An ordinance amending Chapter 97 if the City of Fort Thomas Code of Ordinances to regulate the placement of temporary storage units, portable storage units and dumpsters, and establishing a permit fee and penalty for violation was presented to council for consideration. A motion was made by Mr. Lampe and seconded by Mr. Haas to approve Ordinance O-19-2009. Upon call of the roll, the following members voted “aye”: Ms. Kelly, Mrs. Steller, Mr. Haas, Mr. Peterman and Mr. Lampe. Voting "no" - none. The motion passed by a unanimous vote.

Ordinance O-20-2009: An ordinance clarifying the intent of Section 97.07 of the Fort Thomas Code of Ordinances was presented to council for a first reading. As currently worded, it could be interpreted that the definition of “sidewalk” applies even to the situations where no improved public sidewalk exists. The proposed language will help clarify the original intent of the ordinance. This ordinance will be laid over to the next regular meeting of council for consideration.

Ordinance O-21-2009: An ordinance adopting the supplement to the Code of Ordinances was presented to council for a first reading. This is a record-keeping ordinance which accepts the codification of all changes to the Code of Ordinances over the last year. This ordinance will be laid over to the next regular meeting of council for consideration.

Resolution R-10-2009: A resolution authorizing Mayor Brown to enter into an agreement with the Department of Local Government for an Energy Efficiency and Conservation Block Grant. If received by the city, this grant will provide new tennis court lighting in Tower Park. A motion was made by Mrs. Steller and seconded by Mr. Peterman to approve Resolution R-10-2009. The motion passed by a unanimous vote.

A motion to adjourn the council meeting was made by Mr. Lampe and seconded by Mrs. Steller. Motion approved by unanimous vote. Meeting adjourned at 8:45 p.m.

APPROVED:

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Mary H. Brown, Mayor

ATTEST:

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Melissa K. Kelly, City Clerk