CITY OF DAYTON
COUNCIL MEETING
March 7, 2017
A regular meeting of Dayton City Council held on Tuesday, March 7, 2017, 7:00 p.m. in the board meeting room of the Dayton Independent School Administration Building, Third & Clay Street, Dayton, KY.
Roll Call:
Mayor Boruske Present Member Haas Present
Member Volter Present Member Lynn Present
Member Burns Present City Adm. Giffen Present
Member Neary Present City Att. Edge Present
Member Baker Present
Mayor Boruske opened the meeting with a silent prayer and led the Pledge of Allegiance.
Audience:
Karen Tuerk, 335 6th Ave., sent an email to council about her concerns making Ervin Terrace a two-way street and she would like council to reconsider before voting on this.
Mayor’s Report:
Motion by Member Neary, seconded by Member Volter to approve the minutes from February 7, 2017, meeting as received. Motion carried- so ordered.
Second Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017-#1
AN ORDINANCE AMENDING CODE OF ORDINANCES SECTION 111.06 TO COMPLY WITH KRS 243.090 AS AMENDED IN THE 2016 LEGISLATIVE SESSION.
WHEREAS, KRS 243.090 was amended in the 2016 Legislative Session to requires City alcohol licenses to be renewable upon the date established by the Department of Alcoholic Beverage Control for the expiration of state licenses; and
WHEREAS, the City desires to amend local ordinance to comply with the newly enacted requirements of KRS 243.090.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section I
That the Code of Ordinances for the City of Dayton shall be amended as follows:
§ 111.06 Payment of License Fees.
In compliance with KRS 243.090, all license fees shall be paid in full prior to [July 1 and the license issued shall be in effect from July 1 of such year until June 30 of the following year.] the date the license fee is renewable as established by the Department of Alcoholic Beverage Control for the expiration of state licenses issued for premises located in the City of Dayton. No license shall be in effect unless all such fees are paid by such date.
Section II
This ordinance shall be in full force and effect from and after its adoption, approval and publication as is required by law.
PASSED by City Council of the City of Dayton, Campbell County, Kentucky assembled in regular session.
First Reading:
Second Reading:
_____________________________
MAYOR VIRGIL L. BORUSKE
ATTEST:
________________________
DONNA LEGER
CITY CLERK/TREASURER
Motion by Member Baker, seconded by Member Haas to approve 2017#1 as read.
Member Neary questioned how this affects the current license for this fiscal year. City Att. Edge stated this ordinance allows the city to be on the same calendar year as the state. For this year businesses will need to purchase two licenses. The current license is set to expire June 30th and in order for the city to be on the same calendar year with the state, the city will prorate alcoholic beverage licenses from July – November. The second license purchased will be valid until next November.
ROLL CALL:
Member Lynn Aye Member Neary Aye
Member Volter Aye Member Baker Aye
Member Burns Aye Member Haas Aye
Motion carried- so ordered.
Second Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017-#2
AN ORDINANCE AMENDING ORDINANCE 2016-#7 CONCERNING THE REGISTRATION OF VACANT REAL PROPERTY LOCATED WITHIN THE CITY AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.
WHEREAS, the presence of vacant real property located within the City of Dayton may constitute a threat to the public, health, general welfare and safety of its residents; and,
WHEREAS, the presence of such vacant real property may depreciate real property values and contribute to the deterioration of surrounding neighborhoods and the City, in general; and,
WHEREAS, the presence of such vacant real property may necessitate expensive and disproportionate expenditures of City funds for preservation of the said property, maintenance costs and the prevention of crime along with associated police, fire and accident protection; and,
WHEREAS, appropriate City personnel are hampered in their efforts to enforce various pertinent municipal codes without requisite information regarding the current status and ownership of such vacant real property; and,
WHEREAS, it is in the best interest of the City to ensure sufficient information is made available to appropriate City personnel to assure effective preservation of such vacant real property;
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section I
That the Code of Ordinances for the City of Dayton shall be amended as follows:
§ 157.01 PURPOSE.
It is the purpose and intent of this Ordinance to establish vacant [residential] property registration requirements as a mechanism to protect neighborhoods, preserve real property, prevent or lower maintenance costs and minimize hazards to persons and property located within the City as a result of such vacancy.
§ 157.02 DEFINITIONS.
As used herein, the following terms shall be defined, as follows:
(A) “Creditor” shall mean any person or any federal or state chartered bank, savings bank, savings and loan association, credit union or any other financial institution or entity acting on behalf of the Creditor named in the debt obligation including, but not limited to, servicers.
[(B) “Dwelling unit” shall mean a group of rooms located within any building, structure or house used for residential purposes, forming a single housekeeping unit with facilities which are designed and used for living, sleeping, cooking and/or eating.]
[(C) “Residential property” shall mean any real property and the improvements, buildings, structures or house thereon, whether single or multi family, whether or not owner occupied, used for residential purposes, containing one (1) or more dwelling units.]
[(D)](B) “Vacant” shall mean any real [residential] property having no legal resident or tenant. Evidence of vacancy may include any condition that, on its own or combined with other present conditions, would lead a reasonable person to believe that the property is uninhabited. Such conditions may include, but are not limited to, overgrown or dead vegetation; accumulation of flyers, mail or trash; rodent infestation; disconnected utilities; the absence of window coverings or furniture; broken and/or boarded up windows and entryways; neglect or lack of general maintenance; and, statements of neighbors, delivery persons or government employees as to the lack of occupancy. The abandonment or voluntary “walk away” by the owner of any [residential] property in which any Creditor holds a mortgage interest shall be considered as evidence of vacancy.
[(E)](C) “Vacant Property Registration Form” shall mean a form [publicly available from the Department of Development Services] that Creditors and owners of vacant [residential] property subject to the requirements of this Ordinance must complete and submit as specified herein.
[(F)](D) “Vacant, Foreclosed [Residential] Property” shall mean a vacant [residential] property upon which a Creditor has filed an action in foreclosure in Circuit Court in order to recover monies pursuant to a mortgage which is secured by [residential] real property.
§ 157.03 REGISTRATION.
(A) Within ten (10) business days of filing a foreclosure action on [residential] real property that is vacant at the time of filing or within ten (10) days of the [residential] real property becoming vacant after the filing, the Creditor shall complete and submit a Vacant Property Registration Form to the City Clerk/Treasurer.
(B) No later than sixty (60) days after [residential] real property becomes vacant, the owner of the [residential] real property shall complete and submit a Vacant Property Registration Form to the City Clerk/Treasurer. This requirement shall be deferred for an additional one-hundred and eighty (180) days from the date of vacancy if the real property is listed for sale by the property owner or purchased for rehab and occupancy or resale.
(C) Registration of any vacant [residential] real property required to be registered herein shall include the [residential] real property address, the name and address of the owner of the [residential] real property, if applicable, the name and address of the Creditor who has instituted a foreclosure action or the Creditor’s authorized agent located within the Commonwealth of Kentucky for acceptance any notice required herein.
(D) The Creditor of vacant, foreclosed [residential] real property or owner of any vacant [residential] real property shall notify the City Clerk/Treasurer within ten (10) business days of any change of information on the Vacant Property Registration Form. The Vacant Property Registration Form shall be maintained with accurate information until the Creditor or owner notifies the City Clerk/Treasurer in writing that the property has sold at a judicial sale, reoccupied or transferred to an unaffiliated third party. The name and address of the new owner or individuals occupying the real property shall be provided in writing to the City Clerk/Treasurer.
§157.04 REGISTRATION FEES.
The Creditor of vacant, foreclosed [residential] property and the owner of vacant [residential] real property shall pay an initial registration fee of $500.00 and annually thereafter a $500.00 registration fee until such time that the foreclosure action is dismissed, the property is sold at a judicial sale, the property is reoccupied or until the property is transferred to an unaffiliated third party.
If registering under 157.03(B), payment of the initial registration fee may be deferred for ninety (90) days from the date of registration if the real property is listed for sale by the property owner or purchased for rehab and occupancy or resale.
§ 157.05 PENALTY.
(A) Any Creditor of vacant, foreclosed [residential] real property or owner of vacant [residential] real property that fails to register such property with the City Clerk/Treasurer shall be subject to a civil fine of one hundred ($100.00) dollars for each day of the violation.
(B) Failure to maintain accurate information once having registered the property shall constitute a violation and shall be subject to a civil fine of one hundred ($100.00) dollars for each day of the violation.
Section II
This ordinance shall be in full force and effect from and after its adoption, approval and publication as is required by law.
PASSED by City Council of the City of Dayton, Campbell County, Kentucky assembled in regular session.
First Reading:
Second Reading:
_____________________________
MAYOR VIRGIL L. BORUSKE
ATTEST:
________________________
DONNA LEGER
CITY CLERK/TREASURER
Motion by Member Volter, seconded by Member Neary to approve 2017#2 as read.
Comments:
Member Burns asked if someone owns a vacation house in Dayton and only visits once a year would this be considered a vacant property. City Atty. Edge stated there are multiple factors when looking into a vacant property such as: maintaining the property, grass cutting, the time frame of the house being vacant.
ROLL CALL:
Member Volter Aye Member Baker Aye
Member Burns Aye Member Haas Aye
Member Neary Aye Member Lynn Aye
Motion carried- so ordered.
Second Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017-#3
AN ORDINANCE RESCINDING PRIOR CITY CIVIL FINE SECTIONS AND CREATING A CITY CIVIL FINE SCHEDULE.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section I
That Sections 50.99, 51.98, 91.98, 92.98, 94.98, 95.98(A), 96.98, 98.98, 114.98, 130.98, 150.98, and 156.99 of the City of Dayton Code of Ordinances, is rescinded.
Section III
That the following sections shall be added to the Code of Ordinances for the City of Dayton:
§ 38.15 Civil Fine Schedule.
Violation of ordinances that are enforced by the Code Enforcement Board shall be subject to the following schedule of civil fines:
(A) If the first, second, or third citation for a violation of an ordinance is not contested by the person charged with the violation, the penalties set forth in this division shall apply.
| Violation | Civil Fine |
| First Offense | $250.00 |
| Second Offense | $500.00 |
| Third Offense | $1,000.00 |
(B) If the citation is contested and a hearing before the code enforcement board is required, the following minimum to maximum penalties may be imposed at the discretion of the code enforcement board:
| Violation | Civil Fine Range |
| First Offense | $50.00 – $500.00 |
| Second Offense | $100.00 – $1,000.00 |
| Third Offense | $200.00 – $2,000.00 |
(C) Determination of whether the citation of first, second, or third offense will be determined based on the cited person or business with no citation over five years prior counting against the cited person or business.
Section IV
This ordinance shall be in full force and effect from and after its adoption, approval and publication as is required by law.
PASSED by City Council of the City of Dayton, Campbell County, Kentucky assembled in regular session.
First Reading: _____________________
Second Reading: ___________________
_____________________________
MAYOR VIRGIL L. BORUSKE
ATTEST:
________________________
DONNA LEGER
Motion by Member Lynn, seconded by Member Baker to approve 2017#3 as read.
Comments:
Member Burns feels that current rules need to be enforced instead of changing the fee schedule. Member Volter explained that the previous ordinance didn’t allow options for the fines to be reduced, it was a set $ 250.00. This ordinance has an option to reduce a fine to the minimum of $ 50.00. Member Baker said in two ordinances prior to this one, the fee was reduced to a $ 1.00 which caused people to take advantage of the system.
ROLL CALL:
Member Burns Nay Member Haas Aye
Member Neary Aye Member Lynn Aye
Member Baker Aye Member Volter Aye
Motion carried-so ordered.
Second Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017-#4
AN ORDINANCE AMENDING THE CITY TRAFFIC SCHEDULES TO MAKE ERVIN TERRACE A TWO-WAY STREET BETWEEN FIFTH STREET AND SIXTH AVENUE.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section I
That City of Dayton Ordinance Chapter 74, Schedule I is amended as follows:
| Street | Location | Direction |
| [Terrace Ave.] | [Between Fifth St. and Sixth Ave.] | [Northbound] |
Section II
This ordinance shall be in full force and effect from and after its adoption, approval and publication as is required by law.
PASSED by City Council of the City of Dayton, Campbell County, Kentucky assembled in regular session.
First Reading: _____________________
Second Reading: ___________________
_____________________________
MAYOR VIRGIL L. BORUSKE
ATTEST:
________________________
DONNA LEGER
CITY CLERK/TREASURER
Motion by Member Neary, seconded by Member Volter to table 2017#4.
Comments:
Member Neary sees the safety benefits with this ordinance, but needs a definitive cost. Member Neary would like for the Administration to get prices on a traffic study and bring to council before voting on this. Member Burns main concern is the citizens on Ervin Terrace were not notified like the citizens on Berry. Member Neary stated he has been requesting a traffic study to be done on Ervin Terrace for 2 yrs. City Adm. Giffen advised that the city had two studies done and the council received those copies. Member Neary said those studies were for an access on 6th at a controlled light. City Adm. Giffen stated council was made aware that additional traffic studies would cost money. Member Neary requested for City Adm. Giffen to get prices together. Mayor Boruske said the motion on the floor is to table.
ROLL CALL:
Member Neary Aye Member Lynn Aye
Member Baker Nay Member Volter Aye
Member Haas Aye Member Burns Nay
Motion carried-so ordered.
First Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017-#5
AN ORDINANCE AMENDING CHAPTER 154 OF THE DAYTON CODE OF ORDINANCES COMMONLY REFERRED TO AS THE CITY OF DAYTON ZONING ORDINANCE BY AMENDING THE TEXT TO ALLOW FOR TATTOO AND BODY PIERCING ESTABLISHMENTS IN CENTRAL BUSINESS DISTRICT AND REGULATE SUCH ESTABLISHMENTS.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section I
That a regular planning and zoning meeting on March 1, 2017 to update the city’s zoning book.
Section II
That following the public hearing on this matter the City’s Planning and Zoning Commission recommended to the city council that the zoning ordinance be amended as provided below.
Section III
That the amendments are attached hereto and so incorporated.
Section IV
That this Ordinance shall be signed by the Mayor, attested by the City Clerk/Treasurer, recorded and published. Same shall be in effect at the earliest time provided by law.
PASSED by City Council of the City of Dayton, Campbell County, Kentucky assembled in regular session.
First Reading: _____________________
Second Reading: ___________________
_____________________________
MAYOR VIRGIL L. BORUSKE
ATTEST:
________________________
DONNA LEGER
CITY CLERK/TREASURER
First Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017-#6
AN ORDINANCE AMENDING CHAPTER 154 OF THE DAYTON CODE OF ORDINANCES COMMONLY REFERRED TO AS THE CITY OF DAYTON ZONING ORDINANCE BY UPDATING THE CHAPTER AND NUMBERING SYSTEM THAT WILL BE EASIER TO USE AND MORE COMPATIBLE WITH ONLINE USE.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section I
That a regular planning and zoning meeting on March 1, 2017 to update the city’s zoning book.
Section II
That following the public hearing on this matter the City’s Planning and Zoning Commission recommended to the city council that the zoning ordinance be amended as provided below.
Section III
That the amendments are attached hereto and so incorporated.
Section IV
That this Ordinance shall be signed by the Mayor, attested by the City Clerk/Treasurer, recorded and published. Same shall be in effect at the earliest time provided by law.
PASSED by City Council of the City of Dayton, Campbell County, Kentucky assembled in regular session.
First Reading: _____________________
Second Reading: ___________________
_____________________________
MAYOR VIRGIL L. BORUSKE
ATTEST:
________________________
DONNA LEGER
CITY CLERK/TREASURER
CITY OF DAYTON, KENTUCKY
MUNICIPAL ORDER NO. 2R
A resolution of the City of Dayton, Kentucky authorizing the Mayor to make application for and, upon approval, to enter into an agreement with the Kentucky Office of Homeland Security (KOHS), to execute any documents which are deemed necessary by KOHS to facilitate and administer the project and to act as the authorized correspondent for this project. This resolution also establishes procurement policy for any KOHS approved project for the FY-2017 application cycle.
WHEREAS, the City of Dayton Kentucky desires to make an application for United States Department of Homeland Security and/or Commonwealth of Kentucky funds for a project to be administered by Kentucky Office of Homeland Security:
WHEREAS, it is recognized that an application for and approval of Kentucky Office of Homeland Security funds impose certain obligations and responsibilities upon the city:
BE IT HEREBY ORDERED BY THE CITY OF DAYTON, KENTUCKY AS FOLLOWS:
Section I
The Mayor is hereby authorized to execute and furnish all required documentation, including a memorandum of agreement, as may be required by KOHS for the furtherance of the above-referenced project and to act as the authorized correspondent for said project.
Section II
For the purpose of any KOHS funded projects using FY-2017 funds the city will use the provisions of KRS 45A for the purchase of equipment and/or services. For any equipment and/or services under $20,000 three (3) quotes will be obtained. For any equipment and/or services that exceeds $20,000 the provisions of KRS 45A will apply.
Section III
That this Order shall be maintained and indexed in the Official Order Book by the City Clerk/Treasurer.
_____________________________
MAYOR VIRGIL L. BORUSKE
ATTEST:
________________________
DONNA LEGER
CITY CLERK/TREASURER
Motion by Member Lynn, seconded by Member Haas to approve 2017-2R as read.
ROLL CALL:
Member Baker Aye Member Volter Aye
Member Haas Aye Member Burns Aye
Member Lynn Aye Member Neary Aye
Motion carried- so ordered.
CITY OF DAYTON, KENTUCKY
MUNICIPAL ORDER NO. 3R
A MUNICIPAL ORDER ADOPTING THE AMENDED GRANT AWARD POLICIES AND PROCEDURES FOR THE COMMERCIAL COMMUNITY ADVANTAGE PROGRAM.
BE IT HEREBY ORDERED BY THE CITY OF DAYTON, KENTUCKY AS FOLLOWS:
Section I
That the City has authorized a Commercial Community Advantage Program to award grants to businesses in the Community based on the amended Policies and Procedures as set forth and attached hereto.
Section II
That the City authorizes the Mayor to execute any contracts and agreements necessary to the execution of this program and to take necessary actions against any grant recipient in the event that the terms in these Policies or any additional conditions are breached.
Section III
That this Order shall be maintained and indexed in the Official Order Book by the City Clerk/Treasurer.
_____________________________
MAYOR VIRGIL L. BORUSKE
ATTEST:
________________________
DONNA LEGER
CITY CLERK/TREASURER
Motion by Member Haas, seconded by Member Volter to approve 2017-3R as read.
Comments:
Member Volter questioned why current businesses are not included. City Att. Edge said this was done to bring new growth into the city. City Adm. Giffen advised last spring a letter was sent out to all business owners about the CCAP program, but the city didn’t receive any response. City Adm. Giffen explained the new CCAP incentives are available for purchasing a property. Member Volter asked about people who are rehabbing a building with commercial space and have intentions of renting if they would be eligible. City Adm. Giffen stated this only applies if they are purchasing the property or purchasing for investment. Member Volter wanted to make sure if new businesses were to move in and a year later would they be able to apply. City Adm. Giffen said with any new business that comes in after these guidelines are adopted, then the business would be eligible whether they wait a year because they didn’t have money for repairs, or if they purchased the property and waited a year to get the businesses going. Businesses would not have to apply for CCAP right away, but the city would talk to any new business.
Member Burns liked the changes regarding the rental abatement on how the funds are distributed. Member Neary disagrees with the changes on the rental abatement, and wording changes made to the business occupancy section to only include those who purchased a commercial building. With the wording being changed, it excludes current property owners and he feels this will have a negative effect. Member Neary doesn’t like the review process for the application where the main street manager reviews the application for compliance and accuracy, then a recommendation will be made by the main street manager to council with or without conditions or deny funding. City Adm. Giffen stated that approval was never in the wording it was based upon review. Member Volter feels the current property owner shouldn’t be included in the façade and structural portion of CCAP and with these guidelines for the review process of the applications, this will allow this process to be more streamlined and allow the city administrator and main street manager more authority. Member Neary wanted to know maximum funding for CCAP. City Adm. Giffen advised council approves an amount in the budget and the city can’t spend any more than approved.
ROLL CALL:
Member Haas Aye Member Burns Aye
Member Lynn Aye Member Neary Nay
Member Volter Aye Member Baker Aye
Motion carried- so ordered.
Before Resolution 4R was read Bob Yoder, Main Street Manager, addressed council. Bob Yoder, Main Street Manager, stated Sargeant Park is a wooded area that doesn’t see a lot of use. With this grant for the recreational trails, the city is being offered an 80/20 deal, which is similar to recent grants the city applied for. Bob Yoder, Main Street Manager, is in the process of getting information and maps together and will have a public meeting at the Main Street meeting March 28th.
Bob Yoder, Main Street Manager, advised if this park is cleaned up and trails become useable, this will be a great asset for hiking, biking and walking. Bob Yoder, Main Street Manager, said the trails are overgrown with honeysuckles, but there are eradication funds for invasive plants.
CITY OF DAYTON, KENTUCKY
RESOLUTION 4R
A RESOLUTION BY THE CITY OF DAYTON, KENTUCKY, TO SUPPORT APPLICATION FOR RECREATIONAL TRAILS PROGRAM FUNDING
WHEREAS, the CITY OF DAYTON, KENTUCKY proposes to develop recreational resources to provide for the health and well being of the general public, and
WHEREAS, the CITY OF DAYTON, KENTUCKY proposes to develop a recreational trail within the city limits of the CITY OF DAYTON, KENTUCKY, and
WHEREAS, the CITY OF DAYTON, KENTUCKY intends to make an application for the 2017 Recreational Trail Program Grant, and
WHEREAS, the Recreational Trails Program is limited to funding a maximum of eighty percent (80%) of proposed project costs;
NOW THEREFORE BE IT RESOLVED, that the CITY OF DAYTON, KENTUCKY hold in reserve twenty percent (20%) of the proposed project costs for the purpose of matching the Recreational Trails Program funding, and
BE IT FURTHER RESOLVED,, BY THE CITY OF DAYTON, KENTUCKY THAT the City of DAYTON, Kentucky supports the Transportation Alternative Program grant request and construction of the SARGEANT PARK RECREATIONAL TRAIL PROJECT as submitted by the City of DAYTON, Kentucky
ADOPTED by the Mayor and City Council of the City of Dayton, Kentucky this day of March 7, 2017.
City of DAYTON, Kentucky
By: _____________________
Virgil Boruske
Mayor
Attest:
By: _____________________
Donna Leger
City Clerk/Treasurer
Motion by Member Lynn, seconded by Member Burns to approve Resolution 4R as read.
Comments:
Member Neary asked if there are separate funds for Sargeant Park. City Adm. Giffen said $36,000 is available and will cover the 20%. Bob Yoder, Main Street Manager, added the maximum for the grant is $20,000; his estimated cost is $14,000. Member Neary thanked Bob Yoder for getting this done.
ROLL CALL:
Member Lynn AyeMember Neary Aye
Member Volter Aye Member Baker Aye
Member Burns Aye Member Haas Aye
Motion carried- so ordered.
City Administrator’s Report:
Special event application received from the VFW to have a flea market and craft show April 8, 2017, from 9 am – 3 pm and they are requesting to close Main Street between 6th and 7th Avenue.
Motion by Member Neary, seconded by Member Haas to approve the special event application for the VFW. Motion carried- so ordered.
Special event application received for the City Gospel Mission. This is a charity motorcycle event that is starting in Cincinnati and will pass through NKY. The event is for July 15, rain out date July 22. They will arrive between 9:20 and 9:30 am on Route 8. No motion is needed because the event is not being held in Dayton, they are passing through.
Special event application received for the annual Psalms 147 festival for September 16 at Gil Lynn Park from 9 am to 9 pm.
Motion by Member Haas, seconded by Member Lynn to approve the special event application for Psalms 147 festival. Motion carried- so ordered.
City Adm. Giffen advised council that Dayton and Bellevue were informed the loan for the fire truck was denied. The loan was originally approved by Citizens Bank. Since the approval, Citizens Bank was in a merger and is now United Bank. Due to the merger with United Bank, the higher-ups denied the loan for the LLC to sign off on. The reason is, United Bank thought the LLC was a 501 (c) (3) even though the city’s paperwork never listed the LLC as a 501 (c) (3). Citizens Bank has done loans in the past for the Fire Board. City Adm. Giffen said council was going to have a special meeting a few weeks ago about the two options the city had. Those options were having the LLC sign off or co-signing with Bellevue. Now the LLC is off the table and we need to co-sign with Bellevue. A proposal from US Bank was presented to council. US Bank’s percentage rate went from 2.9% to 2.95%. United Bank (Citizens Bank) is offering a loan for co-signing but the rate is 3.56%, which hasn’t changed. City Adm. Giffen stress to council all resources are exhausted to have LLC to sign off on the loan. City Adm. Giffen turned over to council for questions.
Questions:
Member Volter stated he was never for the LLC signing off, but in favor of a lower percentage rate with US Bank or paying in full. Member Volter said he does not want the city to be in this position again and should have more banks lined up. City Adm. Giffen stated the city had 5 banks lined up but they backed off. Member Baker is in favor of a lower interest rate, but would rather write a check in full for our half of the bill. Member Haas disagreed with Member Baker because the city doesn’t need to deplete their savings, the city should spread the payments out. Member Baker said that the city has over the allotted amount in savings by KY statue and feels a check should be cut for the full amount. Member Haas stated if the city depletes our savings it will make it harder for the city to invest in the community. City Adm. Giffen commented it’s easier for the city to save money vs. losing a large amount of the city’s savings. Member Lynn agrees with Member Haas that the city should not write a check for the balance. Member Neary and Member Baker are in agreement that a check should be written in full for the city’s half. City Atty. Edge advised council that if one city pays in full and the other city gets a loan for the other half and one city defaults on their loan, the city that defaulted on the loan will have the bank coming after that them. This will cause the Fire Department to be disbanded and assets will be handed down. Member Neary would like the city to be ready to co-sign or write a check and to better prepared for these situations in advance.
A motion by Member Lynn, seconded by Member Haas to approve co-signing a loan subject to Bellevue’s approval.
ROLL CALL:
Member Volter Aye Member Baker Aye
Member Burns Aye Member Haas Aye
Member Neary Aye Member Lynn Aye
Motion carried- so ordered.
Department Head’s Report:
Bob Yoder, Main Street Manager, had a Main Street meeting with guest speakers Kevin Wright and Joe Nickol who talked about their book Neighborhood Playbook. Also, the Main Street Board decided to install 8 bike racks in the CBD and they will be having a ribbon cutting ceremony on April 8th. Recently, the City of Dayton received $1,550 for an Urban Forestry Grant. Last Friday, Bob Yoder represented Dayton in a Micro Brewery meeting and he is in the process of being a notary.
Tiffany Myers, Assistant Clerk/ Treas., council received financials, and the 88th Bellevue-Dayton Memorial Day Parade is on Monday, May 29, 2017, at 10:30 am.
Rich McAllister, Code Officer, submitted a report and advised council with the new ordinance passed new letters will be prepared. Rich McAllister, Code Officer, stated if anyone has a couch on their porch and it is fabric or cloth this is not allowed unless it is for continuous outdoor use. Member Neary requested that the city posts the information for the Sherman Williams paint discount on the city’s website and Facebook.
Mike Auteri, Fire Chief, submitted a copy of his report.
Dave Halfhill, Police Chief, submitted a copy of his report and announced Dayton is listed as the 49th safest place to live out of 425 cities listed in Kentucky.
New Business:
Member Baker asked about the information that was given with Ordinance 2017#6 if the changes can be made more noticeable. City Att. Edge advised for KY Statue, the city can only have strike through in red for deletions and brackets for additions. The information received is only updating the numbering system to align with Campbell County Zoning Ordinance.
Member Neary announced that on March 12, 1867, the first Dayton, KY City Council meeting was held. This marks the 150 year anniversary of the first City Council meeting this week.
Member Neary thanked the Park Board for the cleanup efforts in the parks and the new dugouts being installed.
Adjournment:
A motion by Member Volter, seconded by Member Haas to adjourn. Motion carried- so ordered.
Respectfully Submitted,
Tiffany Myers
Assistant Clerk/Treas.
Donna Leger
Clerk/Treas.
ATTEST:
Virgil L. Boruske
Mayor