MINUTES OF A MEETING

OF THE BOARD OF COUNCIL OF THE

CITY OF FORT THOMAS, CAMPBELL

COUNTY, KENTUCKY, ON

TUESDAY, SEPTEMBER 5, 2006

 

An advertised Public Hearing on the 2006 Tax Rate was called to order by Mayor Mary H. Brown at 7:45 P.M. in Council Chambers.  After a Roll Call, and presentation of the Proof of Publication, Mayor Brown read the proposed Tax Rates for 2006.  The rate proposed is $.314/$100, with an anticipated revenue of $3,273,029.00.  General stated areas of allocation for these monies are:  Personnel, Utilities, and Supplies.  Also announced were amounts for revenue from New Property, of $12,088.00 and from Personal Property, of $37,993.00.  Mayor Brown asked for any comments from the public or from Councilmembers.  She asked the Clerk if there were any written comments; there were none. There being no further input, the meeting was declared adjourned.

 

Mayor Mary H. Brown called the Meeting of City Council to order at 8:00 P.M. on September 5, 2006.  She asked the Clerk to call the roll and the following Councilmembers were present:  Barb Runge, Jim Doepker, Karen Lied, Eric Haas, Roger Peterman and Tom Lampe.  Other staff members attending included:  City Administrative Officer Don Martin, City Clerk Melissa Kelly, City Attorney Jann Seidenfaden, Finance Director Fred Ewald, Fire Chief Mark Bailey, and Police Chief Mike Daly.

 

Mayor Brown led the group in the Pledge of Allegiance to the flag.

 

Minutes

 

The minutes from August 9, 2006 were presented to Council.  Mr. Peterman noted that the last sentence in paragraph 3 on the second page should be removed.  With that, Mr. Peterman made a motion to approve the minutes as amended.  It was seconded by Mr. Lampe.  Motion carried 6-0.

 

 

Visitors and Communications 

 

A letter was received by the City from Jeri Stull regarding her business located at 637 Highland Avenue.  The letter is requesting that on-street parking in front of the office be restricted to 2 hour parking Monday thru Friday (8:00 a.m. to 8:00 p.m.).  Mrs. Stull noted in her letter that there are sometimes vehicles parked in front of the business for over a month at a time.  It was requested by Council that the police do a minor parking study to monitor parking in this area.  A motion was made by Mrs. Runge to refer this matter to the Safety Committee.  It was seconded by Mrs. Lied.  Motion carried 6-0.

 

A resignation letter was received from Michelle Frisch, Renaissance Manager.  Michelle stated that she was submitting her resignation due to health complications and personal reasons.  Due to the fact that Michelle was only with the city for several months, the city will look into filling this position from the previous list of candidates.  A motion was made by Mrs. Runge to receive and file the letter.  It was seconded by Mr. Doepker.  Motion carried 6-0.

 

The clerk read a letter from Cissy Blevins of 16 Pentland Place.  The letter was regarding the deer problem that exists in Ft. Thomas.  Mrs. Blevins would like to see the city look into a solution for this ever-growing issue.   Mr. Doepker noted that staff should contact the Department of Natural Resources to see if there are any new programs for deer control in areas where you cannot have a controlled hunt.  A motion was made by Mr. Doepker to receive and file the letter and to have city staff respond to Mrs. Blevins.  It was seconded by Mr. Lampe.  Motion carried 6-0.

 

A letter was received by the city from the Campbell County Solid Waste Department.  The letter was regarding the Fall Litter Abatement and Cleanup.  The event will be held on October 27, 28, and 29 between the hours of 8:00 a.m. and 6:00 p.m.  It was moved by Mrs. Lied and second by Mr. Lampe to receive and file the letter.  Motion carried 6-0.

 

Flo Grey of 4th at the Fort, Inc. was present and addressed Council.  Mrs. Grey thanked the city for the use of Tower Park and the mess hall for the event.  4th at the Fort, Inc. has now become an independent non-profit charity organization.  Mrs. Grey also thanked Fred Ewald for supplying them with information on the Park; this will help with grant applications for future events.  The 4th at the Fort, Inc. paid the City $4,849.00 for fire and police services for July 4th.  There was a small profit made of $3,164.00.  The Grey’s buy special insurance for the Community Center at a cost of $993.00.  In addition to this, there is special event insurance for this day to cover the committee and the city, which costs $1,189.00.  Mrs. Grey indicated that they would need to re-negotiate with the city to come to an agreement on a budget for the event and possibly incorporate some of the financing into the City’s budget.  If they cannot come to an agreement, they will have to do away with the event.  All of the money that is made will go toward the construction of an new amphitheatre in Tower Park.

            Chief Daly noted that it is important to have a strong police presence at functions with a large crowd.  He also indicated that the whole Police Department was not in the park at the same time the day of the event.

 With that, Mrs. Runge made a motion to refer this issue to the Finance Committee.  It was seconded by Mrs. Lied.  Upon call of the roll, the following members voted “aye”, Mrs. Runge, Mr. Doepker, Mrs. Lied, Mr. Haas, Mr. Peterman and Mr. Lampe.  Voting “no”, none.  Motion carried.

 

Joe Schwerling of 192 Holiday Lane was present and addressed Council.  Mr. Schwerling noted that the concrete work on Holiday Lane had been completed.  Mr. Schwerling requested to be present for the walk thru with the engineer so that he can point out some problems on the street. 

Eric Haas noted that he would make an attempt to get down there to take a look at the finished product.  There will be no settlement with the contractor until the Public Works committee of Council meets and reviews the finished work.

 

Reports of Officers

 

Fire Chief, Mark Bailey presented his monthly fire report for July.  In the month of July the Fire Department totaled 132 responses, 91 of which were EMS responses.  There were 36 Fire incident Reponses and 5 Back-Up runs for the Medic 680 ambulance.  The largest activity for the month was the Fourth of July Parade and the Fourth at the Fort Event.  The Fire Department staffed the first aid station and assisted with the fireworks event in the evening.  A motion was made by Mr. Doepker to receive and file the Fire Report for the month of July.  It was seconded by Mrs. Lied.  Motion carried 6-0.

 

Police Chief, Mike Daly presented his monthly police report for July.  In the month of July the Police Department had 28 DUI arrests and 101 drug charges.  There were 57 speeding charges, 43 charges for non-traffic offenses, and 113 traffic charges.  The Officers issued 428 written warnings for the month of July and had 41 court appearances.  A motion was made by Mr. Doepker to receive and file the Police Report for the month of July.  It was seconded by Mrs. Lied.  Motion carried 6-0.

 

Reports of Boards, Committees, and Commissions

 

The clerk read a letter from the Fort Thomas Planning Commission regarding a Map Amendment proposed for 931 Alexandria Pike.  The Commission is recommending to Council that the requested map amendment, Professional Office (PO) to Residential-Three (R-3) for an approximate 2.0844 acre site and Residential-One C (R-1C) to Residential-Three (R-3) for a .3957 acre site for Ashley Properties, Applicant and Highland Country Club, Owner, be approved.  The Ordinance for this map amendment will be given a first reading later in the meeting.  A motion was made by Mr. Doepker to receive and file the letter from the Planning Commission.  It was seconded by Mrs. Lied.  Motion carried 6-0.

 

The clerk read a letter from the Fort Thomas Planning Commission recommending that a Text Amendment to Section 10.14, Professional Office Building Zone (PO), to allow studios for professional work or teaching of any form of fine arts, photography, music, drama, and dance, be approved.  This ordinance will be given a first reading later in the meeting.  A motion was made by Mr. Doepker to receive and file the letter from the Planning Commission.  It was seconded by Mrs. Lied.  Motion carried 6-0.

 

New Business

 

Towne Center Re-Development Project Bid Award

 

Don Martin updated Council regarding the Towne Center Project.  On August 31st the Finance Committee of Council met to discuss and review the bids and financing options for the Towne Center Re-Development project. Two bids were received.  The bid amounts are as follows:

 

Contractor                                                     Total Bid              Deduct for Option A        Net Bid

R.E. Schweitzer Construction Company     $1,085,000.00          $78,300                       $1,006,700

HGC Construction Company                        $1,514,300.00          $62,000                        $1,479,300

 

City staff and Cardinal Engineering have reviewed the bids that were received and reported no mistakes or irregularities.  Both bids are in general conformance with City specifications.  Staff recommends awarding the contract to the low bidder, R.E. Schweitzer Construction Company, allowing for the deduct for Option A, being $78,300.  The city’s portion will be equal to $659,700 and Citizens Bank of Campbell County and Fort Thomas Enterprises will pay the remaining portion in accordance with the contractor’s bid.  With that, Mr. Lampe made a motion to award the bid to R.E. Schweitzer Construction Company.  It was seconded by Mr. Peterman.  Upon call of the roll the following voted “aye”, Mrs. Runge, Mr. Doepker, Mrs. Lied, Mr. Haas, Mr. Peterman, and Mr. Lampe.  Voting “no”, none.  Motion carried 6-0.

 

Joint Development Agreement – Towne Center

 

Don Martin briefed Council on the Joint Development Agreement between the City, Citizen’s Bank and Fort Thomas Enterprises, which will be necessary to finalize the Towne Center Project.  Council reviewed this in February of this year but no action was taken.  The city is waiting on several items to be included with the JDA.  One is a survey of the Towne Center property completed by CDS (Exhibit A).  Mr. Martin met with City Attorney, Jann Seidenfaden to review the JDA language.  Staff recommends that Council adopt the JDA and authorize the Mayor to execute it with conditions.  This will be voted on later in the meeting via Resolution R-10-2006.  It is the desire of the parties to see construction begin on this project in mid-September.

 

Towne Center Project Manager Agreement

 

The City received a proposal for project management from Cardinal Engineering.  Staff discussed the proposal with Citizens Bank and Fort Thomas Enterprises.  The parties agree that Cardinal Engineering should serve as the Project Manager for the Towne Center project at rates included in their proposal.  It is recommended by city staff, with concurrence from the Finance Committee of Council, that the proposal from Cardinal Engineering be accepted by the city, and the Mayor be authorized by Council to execute the agreement.  With that, a motion was made by Mr. Doepker to allow the Mayor to enter into an agreement with Cardinal Engineering.  It was seconded by Mr. Lampe.  Upon call of the roll, the following voted “aye”, Mrs. Runge, Mr. Doepker, Mrs. Lied, Mr. Haas, Mr. Peterman, and Mr. Lampe.  Voting “no” – none.  Motion carried 6-0.

 

Mr. Peterman noted that when the financing of the Towne Center Project is finalized, he would abstain from the vote.  Mr. Peterman’s firm represents the Kentucky League of Cities and this would create a conflict of interest.  Mr. Peterman noted that he is very much in agreement with the project, but will abstain from the vote related to financing.

 

Contract between City of Ft. Thomas and Rick Warner and Associates

 

Rick Warner signed a $14,000 contract with singer John Waite to perform at the “Merchants and Music Festival” without providing a copy of the contract to the city ahead of time for review.  The contract language was not acceptable to the city relating to the inclement weather clause.  Jann Seidenfaden has drafted a contract that stipulates the city will reimburse Mr. Warner $7,000 only after John Waite has performed his full performance.  In addition, the city was successful in obtaining a $5,000 LIFT grant, which will be used to help promote the event.  The contract also provides language that outlines a process for Warner and Associates to receive reimbursement for promotional and advertisement costs not to exceed the $5,000 grant amount. 

Rick Warner and Ken Bowman were present and addressed Council.  Mr. Bowman noted that there have been a lot of outside sponsors brought in to help with expenses.  This is the most expensive headliner in the past three years for this event.  Mr. Bowman noted that the $7,000 was approved by the Renaissance Committee and will be taken from their budget. All prices were presented ahead of time and sponsors were secured for numerous a amount of the expenditures. 

Fred Ewald noted that in the future, the purchasing policy needs to be followed and make sure there is a purchase requisition granted to avoid any conflicts with contracts or agreements. 

Mr. Warner has requested that he be reimbursed after John Waite has done his performance and to list him in the contract as a company and not an individual.  All documentation will be provided by Mr. Warner’s company in relation to the LIFT grant.  There is no profit for Mr. Warner’s company and there are support documents that indicate this. 

Mr. Peterman noted for the record that the volunteer committees are greatly appreciated and events like this help to create an atmosphere in the City that government cannot provide without help from citizens and volunteers. 

With that, a motion was made by Mr. Peterman to authorize the Mayor to enter into the contract with Mr. Warner.  It was seconded by Mr. Haas.  Upon call of the roll, the following voted “aye” – Mrs. Runge, Mr. Doepker, Mrs. Lied, Mr. Haas, Mr. Peterman, and Mr. Lampe.  Voting “no” – none.  Motion carried 6-0.

 

Site Plan Consideration for T-Mobile Compound

 

T-Mobile is requesting to lease a 375 square foot area in the grass area behind the city building near the police garage to add an antenna to the existing cell phone tower.  Council is being asked to consider the location of the antenna equipment compound.  The specific design of the compound (fence material, fence height, exact location, etc.) would be submitted at a later date.  If Council is in agreement with the location, staff will work with T-Mobile to work out the details of a lease agreement.  With that, Mrs. Runge made a motion to approve the site plan and move forward with negotiations between the city and T-Mobile.  It was seconded by Mrs. Lied.  Upon call of the roll, the following voted “aye” – Mrs. Runge, Mr. Doepker, Mrs. Lied, Mr. Haas, Mr. Peterman, and Mr. Lampe.  Voting “no” – none.  Motion carried 6-0.

 

St. Luke Community Foundation Request for Assistance

 

John Lange of Lange, Quill and Powers, PLC has submitted a letter to the City requesting assistance.  The Children’s Advocacy Center treats and evaluates abused children.  Currently located in Bellevue Medical Center on Landmark Drive, they are looking for a new site with a more “residential” feel.  St. Luke Hospital has offered a site on their West Campus in Florence.  The City of Florence has agreed to serve as an applicant for a $500,000 Community Development Block Grant and Mr. Lange is requesting that the City of Fort Thomas apply for a CBDG as well. This would require only signatures from council and would provide $1,000,000 for this much needed facility.  There will be no work required from the city, the grant would be prepared by the NKADD and, if awarded, would be administered by them as well.  If Council approves the concept, we will need to draft a joint letter with the City of Florence to the Governor’s Office of Local Development in Frankfort requesting permission for a multi-jurisdictional grant.  We will be required to conduct a public hearing and adopt an interlocal agreement with Florence.  One city, most likely Florence, will serve as the lead applicant.  The City will also have to enter into an agreement with the Children’s Advocacy Center whereby they would have to cover all cost overruns on the project, indemnify the cities, etc.  Staff recommends that Council support this endeavor and give the go ahead for the NKADD to apply for the grant on the City’s behalf.  With that, Mr. Peterman made a motion to authorize NKADD to apply for the grant on the City’s behalf.  It was seconded by Mr. Lampe.  Upon call of the roll the following voted “aye” – Mrs. Runge, Mr. Doepker, Mrs. Lied, Mr. Haas, Mr. Peterman, and Mr. Lampe.  Voting “no” – none.  Motion carried 6-0.

 

 

            Finance Committee Vouchers

 

            The Finance Committee presented their report on Vouchers and recommended the payment of disbursements for the period of August 10 thru September 5, 2006.  A motion was made by Mr. Doepker to concur in the recommendation of the Finance Committee.  It was seconded by Mrs. Lied.  Upon call of the roll, the following members voted “aye” – Mrs. Runge, Mr. Doepker, Mrs. Lied, Mr. Haas, Mr. Peterman, and Mr. Lampe.  Voting “no” – none.  Motion carried 6-0.

 

Ordinances, Resolutions, and Orders

 

            Ordinance O-21-2006, amending O-14-2006, establishing compensation of the Administrative Employees, was given a first reading.  The second reading of this ordinance will be laid over to the September 18th meeting.

 

            Ordinance O-22-2006, a zone change for 931 Alexandria Pike was given a first reading and the second reading will be laid over to the September 18th meeting.

 

            Ordinance O-23-2006, a text amendment of the Zoning Ordinance Professional Office Zone was given a first reading.  Mr. Lampe requested that Council set a special meeting to do the second reading because of time sensitivity of the applicant on opening her business.  Members were in agreement and a special meeting of Council was scheduled for Friday, September 8 at 12:00 p.m.

 

            Ordinance O-24-2006, fixing the 2006 tax rate was given an emergency reading due to time sensitivity of the tax bill mailing.   A motion was made by Mrs. Lied to adopt ordinance O-24-2006.  It was seconded by Mr. Doepker.  Upon call of the roll the following voted “aye” – Mrs. Runge, Mr. Doepker, Mrs. Lied, Mr. Haas, Mr. Peterman, and Mr. Lampe.  Voting “no” – none.  Motion carried 6-0.

 

            Municipal Order MO-17-2006, re-appointing John Cody to the Fort Thomas Tree Commission was approved upon motion by Mr. Doepker and second by Mrs. Lied.  Motion carried 6-0.

 

            Municipal Order MO-18-2006, re-appointing David Dalton to the Renaissance Board was approved upon motion by Mrs. Lied and second by Mr. Doepker.  Motion carried 6-0.

 

            Resolution R-10-2006, approving the Towne Center Joint Development Agreement was approved upon motion by Mr. Peterman and second by Mr. Lampe.  Upon call of the roll, the following voted “aye” – Mrs. Runge, Mr. Doepker, Mrs. Lied, Mr. Haas, Mr. Peterman, and Mr. Lampe.  Voting “no” – none.  Motion carried 6-0.       

 

            There being no further business to come before Council, the meeting was adjourned.

                                                                       

APPROVED:

 

 

                                                                                    _____________________________

                                                                                    Mary H. Brown, Mayor

 

 

ATTEST:

 

 

______________________________

Melissa K. Kelly, City Clerk