CITY OF DAYTON
COUNCIL MEETING
June 6, 2017
A regular meeting of Dayton City Council held on Tuesday, June 6, 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:
Frank Kramer and Manager Gary Barlow from Huff Realty located at 2008 Alexandria Pike is speaking on behalf of their client who bought 911 4th Ave. Per Frank Kramer, his client bought the property in July of 2015 to rehab but found out after rehabbing this house is zoned for industrial use and due to 50% of fire damage his client was unaware he couldn’t rebuild for commercial use. Frank Kramer is requesting the city to write a letter in order for his client not to lose out on his investment. City Adm. Giffen stated this property is listed as pre-existing non-conforming use and when City Adm. Giffen researched this issue in the past, he looked at the KY revise statute and the city ordinance and he doesn’t have the authority to override the ordinance.
Ken Houston, 119 4th Ave. Ken Houston questioned why his house has not been repaired, it has been 2 months. City Adm. Giffen advised that Mr. Houston did receive an email stating the developer has offered to fix the problem. First with a temporary fix and then 12-18 months to do a more permanent fix, but Ken Houston didn’t agree to what the developer wanted to do. City Adm. Giffen will reach back out to the developer, but Ken Houston and the developer need to reach an agreement.
Beth Neyman, 625 10thAve. Asked council about the city’s plans for the houses the city owns on Berry Ave. City Adm. Giffen advised the city plans are to demolish the houses on Berry and to put a new city building there. The plans for the new city building have been in the works for 10 years. Beth Neyman prefers the city pick another spot for the city building because this location has become a natural meeting spot for residence due to the green space. Member Volter feels the city should explore new options to build the city building at a different location. Member Neary was concerned that council does not have a say in the buildings being demolished. Beth Neyman questioned when these buildings would be demolished and would the citizens know when the buildings were scheduled to be demolished. City Adm. Giffen advised that the plans to demolish are in the works, but issues would need to be worked out before they city can proceed.
Tim Hall, 410 Kenton Ave. Tim & Crystal own Hometown Heroes at 517 6th Ave. Tim would like council to revisit the ordinance about having music and serving beer outside. As a small business owner, he is competing with other cities for business. Mayor Boruske asked if any council members would to be on a committee to work with City Att. Edge and this ordinance. Member Baker, Member Volter, and Member Neary agreed to form the committee.
Mayor’s Report:
Due to the next meeting falling on July 4, the council meeting will be moved to July 18th which is our regular schedule time to hold a council meeting.
Motion by Member Baker, seconded by Member Lynn to approve the minutes from May 2, 2017, meeting as received. Motion carried- so ordered.
Second Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017-#7
AN ORDINANCE OF THE CITY OF DAYTON, IN CAMPBELL COUNTY KENTUCKY ESTABLISHING AN NON-EXCLUSIVE FRANCHISE FOR THE USE OF THE PUBLIC STREETS, ALLEYS, AND OTHER PUBLIC GROUNDS OF THE CITY FOR THE TRANSMISSION AND DISTRIBUTION OF EITHER OR BOTH NATURAL GAS AND ELECTRICITY THROUGH AND FOR CONSUMPTION WITHIN THE CITY; AND PROVIDING THE TERMS THEREOF.
WHEREAS, Duke Energy Kentucky, Inc. (“Duke Energy”) is a public utilities subject to the provisions of Sections 163 and 164 of the Kentucky Constitution and K.R.S. 96.010 through 96.045; and
WHEREAS, Sections 163 of the Kentucky Constitution prohibits public utilities from using the streets, alleys, and other public grounds within a city without a franchise for that use; and
WHEREAS, Duke Energy now uses the streets, alleys, and public grounds of the City of Dayton (“City”) for the transmission and distribution of either or both electricity and natural gas through and for consumption within the City; and
WHEREAS, Duke Energy is a successor to the Union Light, Heat, and Power Company (“ULH&P”); and
WHEREAS, Duke Energy had a franchise for the use of the City streets, alleys and public grounds for the transmission and distribution of electricity through and for consumption within the City; but that franchise expired pursuant to the terms thereof; and
WHEREAS, Duke Energy does not currently have a franchise for the use the streets, alleys, and public grounds of the City for the transmission and distribution of either or both electricity and natural gas through and for consumption within the City; and
WHEREAS, this ordinance is enacted for the purpose of complying with the Constitution and Statutes of Kentucky and pursuant to the authority and requirements of Sections 163 and 164 of the Kentucky Constitution and K.R.S. 96.010 through 96.045.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section 1.0 ‒ Definitions
As used herein, the following words and phrases have the meanings indicated for them:
- The word “City” means the City of Dayton in Kenton County, Kentucky.
- The words “continuing default” mean a default lasting for a period of more than thirty (30) consecutive calendar days.
- The word “facilities” means the tangible apparatus, equipment and instrumentalities and the appurtenances thereto used for the transmission and distribution of either or both electricity and natural gas through and within public property in the City, including, without limitation, poles, wires, cables, cross-arms, conduits, anchors, junction boxes, manholes, mains, pipes, and valves.
- The word “Franchisee” means the person to whom the City has awarded and granted a franchise hereby established.
- The words “public property” mean real estate in the City of Dayton that has been dedicated or is otherwise open to public use and is subject to regulation by the City of Dayton.
- The words “calendar quarter” mean three months (¼) of a calendar year composed of the months of either: (a) January, February, and March; or (b) April, May and June; or (c)July, August, and September; or (d) October, November, and December.
Section 2.0 ‒ Franchise
There is hereby established a non-exclusive franchise for the use of the public property within the City for the transmission and distribution of either or both electricity and natural gas for consumption both within and outside of the City.
Section 3.0 ‒ Terms of Franchise
As required by K.R.S. 96.010, the terms and conditions of the franchise hereby established are as follows:
3.1 Bidding Requirement
Pursuant to Section 164 of the Kentucky Constitution, before granting the franchise hereby established, the City shall first, after due advertisement, receive bids therefor publically, and award it to the highest and best bidder; but the City shall have the right to reject any and all bids.
3.2 Bond Requirement
Pursuant to the requirements of K.R.S. 96.020(1), each bid for the franchise hereby established shall include cash or a certified check equal to five percent (5%) of the fair estimated cost of the plant required to render the service. The deposit shall be forfeited to the City in case the bid is accepted and the bidder fails, for thirty (30) days after the confirmation of the sale, to pay the price bid and to give a sufficient bond in a sum equal to one-fourth (¼) of the fair estimated cost of the plant to be erected. The bond shall be conditioned to be enforceable in case the person giving it fails, within a reasonable time, to establish a suitable plant for rendering the service and begin rendering the service in the manner set forth in the terms of the sale; provided, however, that pursuant to the provisions of K.R.S. 96.020(2), this section 3.2 shall not apply to a person already owning a plant and equipment sufficient to render the service required under the franchise hereby established.
3.3 Reservation of Rights
Pursuant to the requirements of K.R.S. 96.060, the City hereby reserves all of the rights identified therein and within the meaning thereof; and the City shall have all of the rights, privileges and authority established thereby; and the Franchisee shall comply with all of the lawful exercise thereof by the City and with all other laws, rules and regulations of all governmental agencies having jurisdiction thereof.
3.4 Franchise Non-exclusive
The franchise hereby established is not an exclusive franchise. It is a non-exclusive franchise; and the City reserves the right to also grant the franchise hereby established to others in accordance with the Kentucky Certified Service Territories Act at KRS 278.016, et seq and other applicable law.
3.5 Franchise Not Assignable
The franchise established hereby shall not be assignable without the written consent of the City; however, the Franchisee may assign the franchise to any affiliate which may, during the term of the franchise assume the obligation to provide electricity and/or natural gas throughout and for consumption within the City without being required to seek the City’s consent to such assignment.
3.6 Franchise Area
The franchise established hereby shall be for the use of those portions of the public property within the City that are included in the territory for which the Franchisee has been certified by the Public Service Commission of Kentucky pursuant to K.R.S. Chapter 278.
3.7 Effective Period of Franchise
The franchise established hereby shall be effective for a period of three (3) years, beginning on the first day of the calendar month immediately following the grant and award of a franchise hereby established to a Franchisee and ending three (3) years thereafter, unless previously terminated by the City pursuant to the provisions hereof or as otherwise provided by operation of law.
3.8 Franchise Termination
In the event of any continuing default by a Franchisee of any of the obligations of the franchise hereby established and after a written notice and description thereof to the Franchisee from the City by certified mail, return receipt requested, and upon the failure of the Franchisee to reasonably cure the default within a reasonable period of time, , .the City may terminate the franchise awarded and granted to the defaulting Franchisee, through a written notice thereof to the Franchisee, by certified mail, return receipt requested, to be effective no less than ninety (90) days from delivery of said written notice
3.9 Franchisee Rights and Privileges During Effective Period
While the franchise established hereby is effective, the Franchisee may engage in the following activities; but always subject to the rights reserved by the City pursuant to the provisions of the previous Section 3.3 hereof:
3.9.1 Continuation of Existing Facilities
The continued operation, use, maintenance, repair construction and/or re-construction to the existing condition thereof all of the facilities of the Franchisee within or upon any public property within the City.
3.9.2 New Facilities
The Franchisee shall provide commercially reasonable notice of any non-emergency extension or expansion of any existing facilities of the Franchisee, or the construction or installation of new facilities within the franchise area; and the plans and specifications for such new facilities to the City. The Franchisee shall abide by the City’s permitting process and receive the necessary approval thereof by the Mayor or the designee thereof, which approval shall not be withheld unless the extension, expansion, construction, or installation described in those plans and specifications is contrary to the public health, safety, welfare, and convenience. In the event that any request for the extension or expansion of any existing facilities of the Franchisee or the construction or installation of new facilities of the Franchisee is denied by the Mayor or his designee, such denial shall be set forth in writing with the basis of the denial set forth therein within thirty (30) days of the Franchisee’s notice. If written denial or approval is not received within thirty (30) days of the Franchisee’s notice, the extension, expansion, construction, or installation request shall be deemed approved. The City acknowledges that the Franchisee has a statutory duty to provide adequate efficient and reasonable service and that the Franchisee shall not be prevented from fulfilling that statutory obligation due to any delay by the Mayor or the designee thereof in giving or failing to give any approval described herein.
3.9.3 Pavement Removal, Excavation and Grading
The Franchisee shall provide commercially reasonable notice of any non-emergency removal or revision of any pavement and any excavation and grading reasonably necessary within any public property in the franchise area and the plans and specifications for such new facilities to the City. The Franchisee shall abide by the City’s permitting process and receive necessary approval thereof by the Mayor or the designee thereof, which approval shall not be withheld unless the proposed pavement removal, excavation or grading are contrary to the public health, safety, welfare, and convenience. In the event that any request for pavement removal or revision, excavation or grading is denied by the Mayor or his designee, such denial shall be set forth in writing with the basis of the denial set forth therein within thirty (30) days of the Franchisee’s notice. If a written denial or approval is not received within thirty (30) days, the removal or revision of any pavement and any excavation and grading shall be deemed approved. The City acknowledges that the Franchisee has a statutory duty to provide adequate efficient and reasonable service and that the Franchisee shall not be prevented from fulfilling that statutory obligation due to any delay by the Mayor or the designee thereof in giving or failing to give any approval described herein.
3.9.4 Right of Way Maintenance
The Franchisee shall have the right, without payment of fees, to cut, trim or remove any trees, overhanging branches, or other obstructions on public property which in the reasonable opinion of the Franchisee may endanger or interfere with the efficient installation or maintenance of facilities. If, during the franchise period, the City closes to public use any public property in or on which facilities of the Franchisee are located, the City shall make such provisions as may be legal and necessary to grant the Franchisee the right to retain the facilities thereof within that public property, along with the rights to maintain and operate such facilities
3.9.5 Other Activities
All other activities that are reasonably necessary for the use by the Franchisee of the public property within the franchise area pursuant to the provisions of the franchise hereby established.
3.10 Franchisee Obligations During Effective Period
While this franchise is effective the Franchisee shall:
3.10.1 Surety Bond
Provide the City with and continually maintain a surety bond with (a) the City as the Obligee; and (b) the Franchisee as the Principle; and (c) a surety approved by the Mayor of the City, in an amount equal to $50,000.00 conditioned upon the faithful performance by the Franchisee of the terms and conditions of the franchise hereby established; provided, however, that this requirement may be waived by the Mayor or the designee thereof upon the reasonable satisfaction thereof with the net worth of the Franchisee.
3.10.2 Liability Insurance
Provide the City with and continually maintain a comprehensive policy of liability insurance, with the Franchisee and the City as named insureds, and with limits not less than $500,000.00 per person and $1,000,000.00 per occurrence, by which the Franchisee and the City are insured against any legal liability to others that is in any way related to any acts or omissions of the Franchisee pursuant to the franchise hereby established; provided, however, that this requirement may be waived by the Mayor or the designee thereof upon the reasonable satisfaction thereof with the net worth of the Franchisee.
3.10.3 Provision of Electricity and Natural Gas
Provide either or both electricity and natural gas to the consumers thereof within the City that is no less in character, quantity and geographical area than that provided at the time a franchise established hereby is granted and awarded to the Franchisee; and also equal to and no less in character and quantity than that provided to consumers thereof outside of the City and according to the same terms, conditions, rates, charges and costs as approved by the Kentucky Public Service Commission (“Commission”)
3.10.4 Maintenance of Facilities
Cause the facilities of the Franchisee within the franchise area to be maintained and repaired to a condition that is functional and safe and not a hazard to the public health, safety, welfare, and convenience.
3.10.5 Prosecution of Work
During the construction, maintenance, repair, replacement, re-construction, expansion, extension, new construction or installation of any of the facilities of the Franchisee, the Franchisee shall promptly and diligently prosecute such activities to completion within a reasonable time, and at the least possible hazard to the public health, safety, inconvenience and general welfare; and, upon completion thereof, the public property of the City in which those activities occurred shall be restored by the Franchisee to a condition that is as good or better than the condition thereof at the time of the commencement of those activities.
3.10.6 Relocation of Facilities
During any construction, maintenance, repair, replacement, improvement, or expansion by the City of any of the public property within the franchise area or any improvements therein other than the facilities of the Franchisee, or at any other time, the Franchisee shall, remove, relocate, or adjust any of the facilities of the Franchisee in such public property within a reasonable time after a written request therefor from the City.
3.10.7 Reserved Rights of the City
Comply with the exercise by the City of all the rights thereof reserved by the City pursuant to the provisions of the previous Section 3.3 hereof.
3.10.8 Franchise Fee
Pay to the City within thirty (30) days after the end of each calendar quarter a franchise fee equal to three percent (3%) of the gross receipts of the Franchisee from the sale of electricity and natural gas for consumption within the City during the previous calendar quarter, along with a certification signed by an officer of the Franchisee or a Certified Public Accountant employed by or on behalf of the Franchisee indicating the quarter’s gross receipts, payment calculation, and any necessary gross-ups for collections by the Franchisee. The franchise fee required hereby is not in substitution or in lieu of any other tax, fee, imposition, or charge for which the Franchisee would otherwise be responsible and liable. The franchise fee required hereby is in consideration of the use of the public streets, alleys and other public grounds within the City by the Franchisee pursuant to the provisions of the franchise hereby established, since such use is a valuable right in property, the acquisition and maintenance of which is very expensive to the City; and, without such use, the Franchisee would be required to acquire easements in private property for the transmission and distribution of either or both electricity and natural gas, at considerable expense to the Franchisee.
3.10.9 Release
Except to the extent otherwise prohibited under Kentucky law, release acquit and forever discharges the City, and all of the officers, agents, employees, successors and assigns thereof, from each, every, any and all uninsured obligations and liabilities of any of them to the Franchisee and the successors and assigns thereof for each, every, any and all personal injuries, property damage, costs, expenses, losses, compensation and all other damages of every kind and nature, and all claims and causes of action therefore, at law, or in equity, which may accrue to the Franchisee and the successors and assigns thereof, through any act, omission, event or occurrence proximately caused by any negligence of the City that is in any way related to the administration of the franchise established hereby or the award or grant thereof by the City to the Franchisee or the use of the public streets, alleys and other public grounds within the City by the Franchisee pursuant to the franchise established hereby
3.10.10 Indemnification
Pay, indemnify and hold the City and the officers, agents, employees, successors and assigns thereof harmless from and to defend them at the request of the City and at the sole cost and expense of the Franchisee, from each, every, any and all obligations and liabilities of any of them to others and the executors, administrators, heirs, successors and assigns of such others for each, every, any and all personal injuries, property damage, costs, expenses, losses, compensation and all other damages of every kind and nature, and all claims and causes of action therefore, at law, or in equity, including, without limitation, claims of third parties for indemnification and/or contribution, which may accrue to such others and their executors, administrators, heirs, successors and assigns, through any act, omission, event or occurrence proximately caused by the negligence of the Franchisee which is in any way related to the franchise established hereby or the award or grant thereof by the City to the Franchisee or the use of the public streets, alleys and other public grounds within the City by the Franchisee pursuant to the franchise hereby established.
3.11 Franchisee Obligations After Effective Period
The Release obligation of the Franchisee provided in the previous Section 3.10.9 and the Indemnification obligation of the Franchisee provided in the previous Section 3.10.10 shall continue after the effective period of the franchise hereby established regarding all such claims that accrue during the effective period.
Section 4.0 – Construction
This ordinance shall not be construed in a manner which would create an obligation, requirement or duty on the part of the Franchisee which is in any way inconsistent with Kentucky law or its tariff on file with and approved by the Commission.
Section 5.0 – Conflicting Ordinances Repealed
All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
Section 6.0 – Effective Date
This Ordinance shall be effective as soon as possible according to 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 Burns, seconded by Member Volter to approve 2017 #7 as read.
ROLL CALL:
Member Neary Aye Member Lynn Aye
Member Baker Aye Member Volter Aye
Member Haas Aye Member Burns Aye
Motion carried- so ordered.
Second Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017-#8
AN ORDINANCE ADOPTING AND ENACTING SUPPLEMENTS TO THE CODE OF ORDINANCES OF THE CITY OF DAYTON, KENTUCKY.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section I
That the City of Dayton, being authorized by KRS 83A.060(5) that the S-1, S-2, S-3, S-4, S-5, S-6, S-7, S-8, S-9, S-10, S-11, S-12, S-13, S-14, S-15, S-16, S-17, S-18, S-19, S-20, S-21, S-22, S-23, S-24, S-25, S-26, S-27, and S-28 Supplements to the Code of Ordinances of the City of Dayton, Kentucky, as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same are hereby adopted by reference as if set out in its entirety. Said Code and Supplements contain all ordinances of a general nature enacted since the adoption of the Code of Ordinances of the City of Dayton, Kentucky as well as revisions or additions of certain sections of the Code of Ordinances which are based upon or make references to section of Kentucky Revised Statute.
Section II
This ordinance shall be signed by the Mayor, attested by the City Clerk, recorded, published, and 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
Motion by Member Haas, seconded by Member Burns to approve 2017#8 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.
Second Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017#9
AN ORDINANCE AMENDING THE CITY OF DAYTON, KENTUCKY’S ANNUAL BUDGET FOR FISCAL YEAR JULY 1, 2016 THROUGH JUNE 30, 2017, & ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE CITY TO THE FULL EXTENT AUTHORIZED BY KRS 82.082 AND INTERPRETATIVE CASE LAW.
BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section I: That the annual budget for the fiscal year beginning July 1, 2016 and ending June 30, 2017 to estimate revenues and resources and appropriate funds for the City to the full extent authorized by KRS 82.082 and interpretative case law, is hereby amended as follows:
| Resource Available | General Fund | Municipal Road Aid | Parks |
| Fund Balance Forward | 403,781 | 226,778 | 103,598 |
| ESTIMATED REVENUES: | |||
| Property Tax | 1,353,305 | 100,000 | |
| Licenses and Permits | 1,223,900 | ||
| Intergovernmental | 65,200 | 105,000 | |
| Fines & Penalties | 42,500 | ||
| Charges for Services | 151,692 | ||
| Other | 527,714 | [500,000] 0 | 2,000 |
| Interest | 4,000 | 700 | 200 |
| Total Estimated Revenue | 3,368,311 | 105,700 | |
| Total Resources Available for Appropriation | 3,772,092 | [832,478] 332,478 | 205,798 |
| APPROPRIATIONS: | |||
| General Government | 423,628 | ||
| Police Department | 1,240,638 | ||
| Fire Department | 941,301 | ||
| Public Works | 340,777 | 30,000 | 65,000 |
| Building Services | 100,693 | ||
| Professional Services | 648,705 | [802,478] 302,478 | |
| Main Street | 76,350 | ||
| Park Salary | 12,500 | ||
| Utilities/Operations | [12,400] 61,645 | ||
| Repair/Maintenance | 10,750 | ||
| Miscellaneous | [1,500] 5,000 | ||
| Total Appropriations | 3,772,092 | [832,478] 332,478 | [102,150] 154,895 |
| Excess of resources over/under appropriations | 0 | 0 | [103,648] 50,903 |
| Transfers from other funds | 0 | 0 | |
| Transfers to other funds | 0 | 0 | |
| Estimated fund balances | 0 | 0 | [103,648] 50,903 |
| Resource Available | Economic Development | Sargent Park Trust Fund | Waste Collection |
| Fund Balance Forward | 594,784 | 38,158 | 0 |
| ESTIMATED REVENUES: | |||
| Charges for Services | 6,700 | 316,750 | |
| Land Sale Payment | 200,000 | ||
| Other (Interest) | 900 | 200 | |
| Intergovernmental | 0 | ||
| Total Estimated Revenue | 207,600 | 200 | 316,750 |
| Total Resources Available for Appropriation | 802,384 | 38,358 | 316,750 |
| APPROPRIATIONS: | |||
| Capital Outlay | 200,000 | ||
| CCAP | 128,000 | ||
| Waste Collection Services | 260,058 | ||
| Administrative Collection Fee | 15,500 | ||
| Franchise Fee | 41,192 | ||
| Total Appropriations | 328,000 | 0 | 316,750 |
| Excess of resources over/under appropriations | 474,384 | 38,358 | 0 |
| Transfers from other funds | |||
| Transfers to other funds | |||
| Estimated fund balances | 474,384 | 38,358 | 0 |
Section II. This ordinance shall be signed by the Mayor, attested by the City Clerk, recorded and published and become law at the earliest possible time.
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
Member Neary noticed a typo in the budget. City Att. Edge stated he will correct the typo and indicate where the changes were made.
Motion by Member Lynn, seconded by Member Burns to approve 2017#9 as read.
ROLL CALL:
Member Haas Aye Member Burns Aye
Member Lynn Aye Member Neary Aye
Member Volter Aye Member Baker Aye
Motion carried- so ordered.
Second Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017-#10
AN ORDINANCE REPEALING AND REPLACING SECTIONS IN THE CODE OF ORDINANCES TO OUTLINE ENFORCEMENT PROCEDURES, IMPOUNDMENT PROCESS, ENACTMENT OF THE KENTUCKY PARKING CITATION ACT AND PENALTIES FOR VIOLATIONS OF PARKING REGULATIONS.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section I
That sections 72.25, 75.26 and 75.99 Code of Ordinances for the City of Dayton shall are repealed.
Section II
That the following sections shall be added Code of Ordinances for the City of Dayton:
§ 72.50 LOCAL GOVERNMENT PARKING CITATION ACT ADOPTED BY REFERENCE.
The provisions of the Local Government Parking Citation Act as codified at KRS 82.600 to 82.640 are hereby adopted, incorporated, and made applicable by reference, as authorized in KRS 83A.060(5), within the corporate limits of this City.
§ 72.51 FALSE PERSONATION.
It is unlawful for any person charged with violating any of the provisions of this title relating to traffic to present a citation tag under a name other than his or her correct and true name.
§ 72.52 PARKING TICKETS; PAYMENT OF FINE.
(A) The Chief of Police is authorized and directed to supply officers with parking tickets, for the purpose of giving notice to persons violating any provisions of this title or other laws or ordinances affecting the use of streets. The notice may be given by delivering such ticket to the violator, or by affixing it to the vehicle by means of which the violation occurred. The parking ticket shall direct the offender when and where to appear to present the ticket for payment.
(B) In the event the offender desires to contest the parking ticket, the procedure as outlined by KRS 82.620 et. seq. shall be followed.
(C) Nothing in this section shall be construed to abridge the power of a police officer to arrest any violator and take him or her into custody for traffic violations where the penalty for its violation may result in incarceration upon conviction by the District Court.
§ 72.53 OWNER’S RESPONSIBILITY.
The violation of any section or provision of this title by means of a motor vehicle shall be prima facie evidence that the violation was committed by or with the authority or permission of the owner of the vehicle.
§ 72.54 IMPOUNDMENT OR IMMOBILIZATION OF VEHICLES.
(A) Any police officer may impound or immobilize any vehicle parked, stopped or standing upon a street or public way in violation of any of the provisions of this chapter or Kentucky Revised Statute prohibiting parking, stopping or standing in the location, manner or at the time the vehicle is cited, or if such vehicle has any currently outstanding delinquent parking tickets, or for any other lawful reason. Any person desiring to redeem any such impounded or immobilized vehicle, in addition to the fines levied, including payment of all outstanding fines levied for any parking or traffic offense, shall also be liable for a fine and towing, handling and storage charges which are reasonable. An impounded vehicle shall be released only upon proof of ownership or right to possession.
(B) Any owner of an impounded motor vehicle shall have the right to request a hearing to determine the validity of such impoundment under the terms and conditions as set forth in KRS 82.625.
§ 72.55 DISPOSAL OF IMPOUNDED VEHICLES.
(A) If within ten (10) business days of impoundment, any motor vehicle so impounded has not been claimed or a hearing has not been requested to determine the validity of such impoundment pursuant to KRS 82.625, notice shall be mailed by certified mail to the registered owner, if known, and lienholders of record, if any, affording the parties the right within ten (10) days from the date of notice to claim the vehicle or request a hearing pursuant to KRS 82.625. The notice shall state that, if no hearing is requested, the vehicle shall be deemed abandoned unless the charges thereon are paid within forty-five (45) days of receipt of notice.
(B) After forty-five (45) days from the date of notice required by subsection (A) of this section, an impounded motor vehicle shall be deemed abandoned and the vehicle may be disposed of as provided by state statute.
(C) If the vehicle is judged suitable for use, the City may obtain a certificate of registration and ownership from the County Clerk, pursuant to KRS 186.020, and either use the vehicle for governmental purposes or sell the vehicle at public auction to the highest bidder. If the vehicle is not suitable for use, it may be sold for its scrap or junk value.
(D) The City shall possess a lien on a motor vehicle impounded pursuant to KRS 82.625 for all fines, penalties and towing, handling and storage charges imposed thereon. The lien shall be superior to and have priority over all other liens thereon.
§ 72.56 PARKING CITATIONS ENFORCEMENT HEARING BOARD.
All contested parking citations and impoundments shall be heard by the Code Enforcement Board who is empowered to conduct such hearings pursuant to KRS 82.605 to 82.640.
§ 72.99 PENALTY.
(A) The owner of any motor vehicle or other mobile unit who violates § 72.04(A)(8) shall be subject to a civil offense with a civil fine of $25.00. Unless paid or appealed within seven (7) days, said fine shall be increased to $50.00.
(B) The owner of any motor vehicle or other mobile unit who violates § 72.06 shall be subject to a civil offense with a civil fine of $10.00. Unless paid or appealed within seven (7) days, said fine shall be increased to $15.00.
(C) The owner of any motor vehicle or other mobile unit who violates any other provisions of this chapter or chapter 75 shall be subject to a civil offense with a civil fine of $20.00. Unless paid or appealed within seven (7) days, said fine shall be increased to $40.00.
Section III
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 Haas, seconded by Member Volter to approve 2017#10 as read.
ROLL CALL:
Member Lynn Aye Member Neary Aye
Member Volter Aye Member Baker Aye
Member Burns Aye Member Haas Aye
Motion carried- so ordered.
First Reading:
CITY OF DAYTON, KENTUCKY
ORDINANCE NO. 2017-#11
AN ORDINANCE ADOPTING THE CITY OF DAYTON, KENTUCKY’S ANNUAL BUDGET FOR FISCAL YEAR JULY 1, 2017 THROUGH JUNE 30, 2018, AND ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE CITY TO THE FULL EXTENT AUTHORIZED BY KRS 82.082 AND INTERPRETATIVE CASE LAW.
BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section I: That the annual budget for the fiscal year beginning July 1, 2017 and ending June 30, 2018 to estimate revenues and resources and appropriate funds for the City to the full extent authorized by KRS 82.082 and interpretative case law, is hereby adopted as follows:
| Resource Available | General Fund | Municipal Road Aid | Parks |
| Fund Balance Forward | 589,225 | 176,226 | 61,669 |
| ESTIMATED REVENUES: | |||
| Property Tax | 1,538,200 | 100,000 | |
| Licenses and Permits | 1,266,400 | ||
| Intergovernmental | 69,200 | 105,000 | |
| Fines & Penalties | 71,500 | ||
| Charges for Services | 407,750 | ||
| Other | 1,935,897 | 2,000 | |
| Interest | 5,500 | 700 | 200 |
| Total Estimated Revenue | 5,294,447 | 105,700 | 102,200 |
| Total Resources Available for Appropriation | 5,883,672 | 281,926 | 163,869 |
| APPROPRIATIONS: | |||
| General Government | 433,724 | ||
| Police Department | 1,314,111 | ||
| Fire Department | 938,727 | ||
| Public Works | 344,609 | 30,000 | 65,000 |
| Building Services | 125,639 | ||
| Waste Collection | 220,000 | ||
| Professional Services | 2,429,437 | 251,926 | |
| Main Street | 77,425 | ||
| Park Salary | 12,500 | ||
| Utilities/Operations | 12,400 | ||
| Repair/Maintenance | 10,750 | ||
| Miscellaneous | 1,500 | ||
| Total Appropriations | 5,883,672 | 281,926 | 102,150 |
| Excess of resources over/under appropriations | 0 | 0 | 61,619 |
| Transfers from other funds | 0 | 0 | |
| Transfers to other funds | 0 | 0 | |
| Estimated fund balances | 0 | 0 | 61,719 |
| Resource Available | Economic Development | Sargent Park Trust Fund | TIF |
| Fund Balance Forward | 773,775 | 38,158 | 1,500 |
| ESTIMATED REVENUES: | |||
| Charges for Services | 6,700 | ||
| Land Sale Payment | 200,000 | ||
| Other (Taxes/Interest) | 900 | 200 | 125,000 |
| Intergovernmental | 0 | ||
| Total Estimated Revenue | 207,600 | 200 | 125,000 |
| Total Resources Available for Appropriation | 981,375 | 38,358 | 126,500 |
| APPROPRIATIONS: | |||
| Capital Outlay | 200,000 | ||
| CCAP | 128,000 | ||
| TIF Payment | 125,000 | ||
| Total Appropriations | 328,000 | 0 | 125,000 |
| Excess of resources over/under appropriations | 653,375 | 38,358 | 1,500 |
| Transfers from other funds | |||
| Transfers to other funds | |||
| Estimated fund balances | 653,375 | 38,358 | 1,500 |
Section II. This ordinance shall be signed by the Mayor, attested by the City Clerk, recorded and published and become law at the earliest possible time.
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-#12
AN ORDINANCE AMENDING ORDINANCE 2016-#14 SETTING FORTH COMPENSATION AND NUMBER OF AUTHORIZED POSITIONS FOR EMPLOYEES UNDER THE DAYTON JOB CLASSIFICATION SYSTEM.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
SECTION ONE: Compensation ranges for employees and number of authorized positions under the Dayton Job Classification System shall be as follows:
Position (No. Authorized) Pay Range
City Administrative Officer (1) 50,000.00 – 82,000.00
Assistant City Administrator (0) 22,000.00 – 36,000.00
City Clerk/Treasurer (1) 35,000.00 – [61,000.00] 65,000.00
Ass’t City Clerk/Treasurer (2) 25,000.00 – 39,000.00
Administrative Secretary (0) 24,000.00 – 35,000.00
Chief of Police (1) 45,000.00 – [72,000.00] 75,000.00
Police Captain (0) 39,000.00 – 59,000.00
Police Lieutenant (1) 39,000.00 – [56,000.00] 60,000.00
Police Sergeant (2) 39,000.00 – 57,500.00
Police Corporal (1) 34,700.00 – 53,000.00
Police Officer [(4)] (8) 31,000.00 – [47,000.00] 50,000.00
Police Recruit (0) 30,000.00 – 33,500.00
Part-time Patrol Officer (2) 15.00 – 17.00 per hour
Police Clerk (1) 8.00 – [16.00] 17.00 per hour
Superintendent, Public Works (1) 35,000.00 – [53,000.00] 55,000.00
Crew Leader (0) 25,000.00 – 33,000.00
Laborer (2) 10.00 – 19.00 per hour
Laborer (23 hrs/week) (0) 7.00 – 12.00 per hour
Seasonal Laborer (4/1-10/31) (2) 7.00 – [12.00] 13.00 per hour
City Codes Director (1) 22,000.00 – 43,000.00
City Inspector (0)
Blight Inspector (20 hrs/week) (0) 14.90 – 18.00 per hour
Janitor (10 hrs/week) (0) 7.00 – 11.00 per hour
Recreation Director (0)
Main Street Manager (1) 30,000.00 – [40,000.00] 41,000.00
SECTION TWO: Unless otherwise stated, the compensation stated in Section One shall be a yearly amount based upon the normal number of hours required for each position under the Job Classification System and does not include overtime pay as authorized under the Employee Personnel Policy.
SECTION THREE: City Council may, by resolution, authorize the payment of a yearend bonus to any or all employees in an amount not to exceed One Hundred Dollars ($100.00)
SECTION FOUR: Any and all ordinances including or portions thereof in conflict herewith are hereby repealed.
SECTION FIVE: This ordinance shall be signed by the Mayor, attested by the City Clerk, recorded, published, and 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-#13
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 FOR THE R-1JJ ZONE.
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 May 17, 2017 to hear proposed text amendments to the R-1JJ Zone in the City’s Zoning Ordinance.
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 so attached and incorporated herein.
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 Adm. Giffen stated this ordinance allows for certain buildings in the historic district located within a certain radius of Route 8 and bus routes to have additional uses for commercial development.
CITY OF DAYTON, KENTUCKY
MUNICIPAL ORDER NO. #5R
A MUNICIPAL ORDER ACCEPTING THE COMPLETED AUDIT FOR YEAR ENDING JUNE 30, 2016 AND AUTHORIZING REPORTING AND PUBLICATION IN ACCORDANCE WITH KRS 91A.040.
WHEREAS, the Van Gorder, Walker & Co., Inc. completed an audit for the City of Dayton for the Fiscal Year ending June 30, 2016 that was received on May 22, 2017; and
WHEREAS, the City Council has been presented a copy of the audit in accordance with KRS 91A.040(4)(e) at regular meeting held June 6, 2017.
BE IT HEREBY ORDERED BY THE CITY OF DAYTON, KENTUCKY AS FOLLOWS:
Section I
That the City Council hereby accepts the audit by prepared by Van Gorder, Walker & Co., Inc. for Fiscal Year ending June 30, 2016, attached and incorporated herein, presented at regular meeting held this 6th day of June, 2017.
Section II
That the Mayor and any other necessary officials are authorized to report and submit the audit to the Department of Local Government in accordance with KRS 91A.040, publish in accordance with KRS Chapter 424, as required by KRS 91A.040 and all other necessary actions as required by Kentucky Revised Statute.
Section III
That this Order shall be maintained and indexed in the Official Order Book by the City Clerk/Treasurer.
So ordered by the City Council of the City of Dayton, Campbell County, Kentucky assembled in regular session this 6 day of June 2017.
_____________________________
MAYOR VIRGIL L. BORUSKE
ATTEST:
________________________
DONNA LEGER
CITY CLERK/TREASURER
Motion by Member Neary, seconded by Member Lynn to approve 2017#5R as read.
ROLL CALL:
Member Volter Aye Member Baker Aye
Member Burns Aye Member Haas Aye
Member Neary Aye Member Lynn Aye
Motion carried- so ordered.
CITY OF DAYTON, KENTUCKY
MUNICIPAL ORDER NO. 2017-#6R
A MUNICIPAL ORDER DECLARING CITY-OWNED PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING THE CITY MANAGER TO SELL OR DISPOSE OF EQUIPMENT AND DISPLAYS.
BE IT HEREBY ORDERED BY THE CITY OF DAYTON, KENTUCKY AS FOLLOWS:
Section I
That the City of Dayton, in accordance with the provisions of KRS 82.083, hereby makes the following findings:
(a) That it is in the public interest for the City to declare the following personal property as surplus:
- Red Van,
- Concrete Mixer
- Cushman Dump Cart
- Playground Equipment from Walnut Street Park
(b) That the intended purpose of the property described herein at the time of initial purchase were Public Works use and are now in dilapidated condition. Similarly the playground equipment was for the Walnut Street Park and is now in dilapidated condition.
(c) That it is in public interest to sell or dispose of the property because each item is outdated and maximum value can only be obtained through sale or disposal.
Section II
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
Comments:
Member Burns questioned if we sell this park equipment that is in dilapidated condition will the city be held liable if someone were to buy it and get hurt. City Att. Edge advised this will be bought “as is”.
Member Neary would like to know the plans to replace the playground equipment at Walnut Street Park and who is doing the site prep. City Adm. Giffen stated the city is doing site prep and the developers are helping. Member Neary thought council made a motion that the developer was responsible for the site work. City Adm. Giffen stated that is incorrect. Also, the city has a clause in the contract with the developer to complete the project. City Adm. Giffen advised the city is responsible for the payments and he is getting estimates for the cost of replacing the equipment and it’s undecided what fund this will be taking out of. Additionally, the playground equipment needs to be replaced because it has graffiti on it and when the playground equipment was removed it was damaged in the process. City Adm. Giffen advised for the playground equipment, he will get the cost together and reach out to the developer to see if they can help with the cost. City Adm. Giffen is working diligently to get this park up and running as soon as possible.
Motion by Member Burns, seconded by Member Haas to approve 2017#6R as read.
ROLL CALL:
Member Burns Aye Member Haas Aye
Member Neary Aye Member Lynn Aye
Member Baker Aye Member Volter Aye
Motion carried- so ordered.
City Administrator’s Report:
Handicap application received from Dee Weier, 422 6th Ave. Dee Weier does have a parking pad in the back but her landlord won’t let her park there. Chief Halfhill stated in that location you can only fit four cars in the back because a lot of tenants might have two cars per an apartment. City Adm. Giffen said Dee Weier meets all the requirements of the ordinance and recommends approval of the handicap sign. Motion by Member Baker, seconded by Member Burns to approve the handicap sign. Motion carried- so ordered.
Special event application received from Cincy Blues Society. This is a picnic for their volunteers at Gil Lynn Park, Sunday, September 10 from 1-5pm. Since this is being held a Gil Lynn Park, the city will need to get Park Board’s approval. Motion by Member Volter, seconded by Member Baker to approve the special event application for Cincy Blue’s Society, pending Park Board’s approval. Motion carried- so ordered.
Special event application received from Cystic Fibrosis Foundation. They are having a bike relay riding through town on September 23 from 8:00 am-5:00 pm. Motion by Member Lynn, seconded by Member Haas to approve the special event application for the Cystic Fibrosis Foundation. Motion carried- so ordered.
Special event application received from First Baptist Church for June 16 from 4-9pm for family night. They are requesting the roads to be closed on Dayton Ave between 5th Ave and the alleys between 5th and 6th Ave. Motion by Member Baker, seconded by Member Lynn to approve the special event application for the First Baptist Church. Motion carried- so ordered.
City Adm. Giffen stated the Spring Lighting project is canceled because Duke Energy is the only bid received and they are unable to provide details or give a definitive cost. This project will need to be rebid or added to a larger lighting project at a later time.
City Adm. Giffen said the bids are in for the Dayton Parking Lot Reconstruction project. The city bid out the project in three phases. Phase 1 is for demolition, Phase 2 is for laying out concrete and Phase 3 is for paving. Phil Wiseman had the lowest bid for Phase 1 & 2. Phase 1 is for $ 10,249.90 and Phase 2 is for $ 16,058.00. Bluegrass Paving had the lowest bid for Phase 3 in the amount of $35,718.88 for a total of $62,026.78. Based on the final total, City Adm. Giffen is requesting council approve the bids along with a 10% contingency added to the total to help with unforeseen circumstances. The total amount to be approved is $71,000.00 and this will be taking out of the Municipal Road Aid Fund. Motion by Member Neary, seconded by Member Volter to accept the bids and the 10% contingency.
ROLL CALL:
Member Neary Aye Member Lynn Aye
Member Baker Aye Member Volter Aye
Member Haas Aye Member Burns Aye
Motion carried- so ordered.
The last item under the City Adm. Giffen is the Reverse Salt Auction. A bid was received by Morton Salt at $58.50 per ton. Member Baker questioned why the city keeps buying salt because the past two winters have been mild. City Adm. Giffen advised you don’t have to use the Reverse Salt Auction but if we don’t take the rate now, you could run into a situation where in winter time the city needs salt and will be forced to take a higher rate. City Adm. Giffen stated the salt will be delivered in fall and by then he will have the details worked out for storage. Member Volter requested a timeline on when the city would need to take the bid from Morton Salt. City Adm. Giffen said we have thirty days from last week to give an answer. City Adm. Giffen recommended taking the bid. It’s better to have more salt on hand than not enough.
Motion by Member Volter, seconded by Member Haas to accept the Moron Salt bid.
ROLL CALL:
Member Baker Nay Member Volter Aye
Member Haas Aye Member Burns Aye
Member Lynn Aye Member Neary Aye
Motion carried- so ordered.
Departments Heads:
Dave Halfhill, Police Chief, submitted a copy of his report. Officer Lillich graduated from the Academy in May. Only 28 officers from the state went to this three-week course for Sergeants. Officer Wilholt competed in the Great American Fitness Challenge, he placed 1st overall. Chief Halfhill thanked Officer Baldwin for putting out a Golden Alert. The elderly gentleman was recovered safely.
Chief Halfhill said the police department received several compliments. One was from a female Cincinnati police officer. She was the passenger and called the next day to say how the officers went above and beyond the call of duty. The second compliment received was for Officer Seger. Officer Seger was at UDF in Bellevue and was approached by someone. Officer Seger stood by to answer all questions and concerns the individual had.
Michael Auteri, Fire Chief, submitted a copy of his report. Chief Auteri said the boat is in service and in the water. The new fire truck was in the Memorial Day Parade but went back to Ohio on May 30 to have the finishing touches done it and will arrive back shortly. The next Fire Board Meeting is on Wednesday, June 21 at 6:00 pm. At this meeting, a guest speaker will address concerns on why you can’t hard bill and soft bill certain runs.
Bob Yoder, Main Street Manager, had a ribbon cutting ceremony at Trotta’s and now a ribbon cutting ceremony for Body Art Studios. CCAP has pending items for Trotta’s and Body Art Studios.
Big thanks to public works for their help in installing the bike racks. Main Street had their first Food Truck Thursday with Packhouse Meats & Mister Softee. The upcoming dates are July 13, Remi J’s BBQ & Kona Ice, August 3, Street Chef Brigade & Kona Ice and on September 7, Empanadas Aqui & Mister Softee.
Bob Yoder, Main Street Manager, is working on several grants: Street Scape Grant, Nano Grant, the Tree Grant which the city received and will plan on planting the trees in the fall, the Catalytic Fund, and the Camera Grant. One last item, Paint the Town will be in Dayton this Saturday.
Rich McAllister, Code Officer, submitted a copy of his report. Member Neary questioned the $500.00 vacant registration ordinance and the procedure involved.
New Business:
Member Baker reminded everyone Musicfest is June 17 at Gil Lynn Park from 1:00 pm to Midnight. Member Baker wanted to know the plans for the YMCA building. City Adm. Giffen will look into renting out the YMCA once the water issue is resolved. Member Baker questioned if the city is able to put stop signs, speed bumps or a higher police presence at the underpass on Ervin Terrace. Chief Halfhill advised stop signs wouldn’t work because no one would be able to see around the bend, but he can look into a higher police presence. Mayor Boruske advised a traffic study only counts cars not how to handle situations such as this. Member Baker mentioned that today is June 6 and on this day in 1944, the American (Allied) troops stormed the beaches of Normandy.
Member Volter would like council to revisit the trash ordinance to give the code officer a clear definition on what can be cited. Member Volter wanted people to know this will only affect residents who leave a very large set out of trash. City Adm. Giffen recommended council to form a committee to revisit the trash ordinance with City Att. Edge. Member Haas, Member Burns, and Member Volter agreed to start the committee.
Member Neary thanked the Board of Adjustments and Campbell County Planning & Zoning for the text change to the R-1JJ Zone. Member Neary mentioned that Sunday, June 11 from 7am-1pm there will be bikers coming through the city to raise money for cancer research. Member Neary would like City Att. Edge to look into a possible class action lawsuit against drug manufacturers and he will send the articles to City Att. Edge for further research. Member Neary asked City Att. Edge about seeing the employee performance appraisals and how to go about this. City Att. Edge advised as a citizen an open record request would need to be done and from a councilmember’s stance, you can talk to City Adm. Giffen and he would be able to help you. Member Neary requested to be on the board to update the 5-year comprehensive plan. Member Neary would like to know if the information council receives on Friday before the council meeting can be sent sooner. Mayor Boruske advised the first readings you don’t vote on and after that, you have a whole month to review those ordinances before voting next month for the second reading.
Member Haas received a concern from a citizen about buying property and having code fines while they are trying to fix up their house. Rich McAllister, Coder Officer, advised he allows 30 days for them to fix items that have fines and if they need more time they can call, he will issue an extension for 30 days, 90 days is the limit. In order to get an extension of 30 days, the property owner needs to show continuous work on the property.
City Adm. Giffen advised he has one correction regarding the Walnut Street Park conversation from earlier in the meeting. The total project must be done in 90 days from when the permit was issued and the permit was issued in May, this gives the developer until mid-August to complete the project.
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