CITY OF UNION, KENTUCKY

Regular Business Meeting

MINUTES

Monday, April 10, 2006

 

 

CALL TO ORDER: 

Mayor Don Kirby called the Regular Business Meeting of the Union City Commission to order at 7:35 p.m., Monday, April 10, 2006. 

 

Present: Mayor Don Kirby and City Commissioners Gary McCormick, Greg T. Lloyd, Bob Kelly and Warren S. Moore.  Also present were Greg D. Voss (City Attorney), Joyce Travis (Office Assistant) in absence of City Clerk Kathy Porter, and Barry J. Burke P.E. (City Engineer).

 

Visitors in attendance were Tim Foster, Engineer-Intern with Foppe Technical Group; Dave Geohegan, Boone County Planning and Zoning; Melinda Gardt; Charlie Scroggin; Todd Sayers; Mike Trout and Karen Franxman.

 

MINUTES:

Mr. McCormick made a motion to accept the minutes of March 13, 2006 as presented. Mr. Kelly seconded the motion. Motion carried.

 

TREASURER'S REPORT:

The Treasurer’s Report was not available due to the absence of the city clerk, but the mayor stated that we are in balance.

 

BILLS FOR PAYMENT:

The bills for payment were reviewed. Mr. Moore made a motion to pay the bills as presented. Mr. Kelly seconded the motion. Motion carried.

 

CORRESPONDENCE:

Mayor Kirby read a letter from John P. Walker, CPA, written as a confirmation that the Northern Kentucky Chamber of Commerce’s Business/Government Exchange luncheon will be at the City of Union building on Thursday, July 13, 2006.  Mayor Kirby asked that everyone mark their calendars for that day.

 

Mayor Kirby read a notice from Mr. Warren Moore, in which he stated that in order to accept the position of City Administrative Officer for the City of Union, he hereby tendered his resignation as city commissioner effective at the end of April 2006 when someone is chosen to replace him on the city’s governing body, whichever occurs first. Mayor Kirby stated that Mr. Moore knows the City of Union better than anyone and the position would be a great addition; the city would go about looking for someone to replace Mr. Moore.

 

Mayor Kirby presented Ms. Myndi Gardt who spoke about the Union Visioning Committee. Her topic was the Union Community Center. Ms. Gardt stated that the city has been given a great opportunity to acquire a property that would be very conducive for use as a community center. Ms. Gardt presented a proposal and information pertaining to this acquisition, including a finance proposal offered by PNC Bank.

 

Mayor Kirby stated that PNC Bank has indicated that since the city has been a long-term customer, they would be willing to offer us favorable finance terms.

 

Ms. Gardt stated that she has done research on the center, she has met with various people on the possibility of this community center; there is a market for it and the city has a vested interest in the development of this center. This community center can be Phase 1 of the Union Town Plan. We expect it to be at the helm of this plan and lead us in the direction we want to go with the Town Plan. Ms. Gardt sees the center as offering outreach programs to the seniors of the community as well as the youth. The Branch Manager of PNC Bank has offered, on a monthly basis,

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to cover the cost of seminars that he plans to conduct at this community center for us, covering anything from

 

financial planning, presenting a college education, to other seminars that speak directly to our senior citizens within the area.  Ms. Gardt included in her packet a list of personal uses for the center, at a nominal cost, including such functions as Rehearsal Dinners, Anniversary Parties, Family Parties, Showers, First Communions, Christmas Parties, Sporting Event Banquets and other personal needs. There would also be people outside the city who would have interest in using the facility for their needs.

 

Ms. Gardt discussed the City of Taylor Mill, who purchased a house and made it into a community center. At this point, Karen Franxman, a resident of Union, spoke about the positive experiences some of her family members have had, who live in Taylor Mill, with renting their community center for various events. That city has had the facility for three (3) years and it has been a success.

 

Mayor Kirby questioned the square footage of the bank property – Ms. Gardt referred to the square footage drawing in the packet that stated the footage was 2,575 square feet. She also explained the layout of the drawing, and explained where the glass walls were located. There are two (2) bathrooms and a kitchenette. It was also explained that the drive-thru area could be remodeled so that it could accommodate concrete picnic tables for outdoor functions, or overflow from the center.

 

Mayor Kirby stated that one of the intriguing aspects of this proposal is where the building is located, in that he has had thoughts of having festivals in that area, and the center would be right on the corner.

 

Mr. Dave Geohegan, Boone County Planning Commission, stated that the site is ¾ of an acre and currently has 27 parking spaces.  He provided an ariel photo of the property.  He also feels it would be a good location for festivals and arts and crafts events. He also stated that the new bridge on Hathaway would connect this part of the city to other areas in the community.

 

Mayor Kirby questioned if the facility would be large enough for dances and receptions. Attorney Voss stated that the fire marshal would make that decision.

 

Commissioner McCormick stated that he loved the idea of the center and that it may encourage development. He also stated that as the City of Union grows, this facility could be used for larger city meetings. Commissioner McCormick stated that if this is going to be a $425,000.00 investment, the city would need to make approximately $5,000.00 a month in order to pay the mortgage. Mayor Kirby stated that he believes the payoff would take longer than the stated 15 years and that an appraisal needs to be done. Ms. Gardt stated that an appraisal and inspection  would be part of the purchasing process. She also stated that this needs not to be something that the commission sits on for a length of time; the bank has a new building that they will be moving into in May and the announcement of the move was made in March. This something that the city should not drag their feet on – they will go public with the sale and someone else will acquire it and use for other needs than what the city needs to be using it for.

 

Dr. Lloyd stated that from a business standpoint, the center would be an asset for the community, and that it could be made into an attractive place. He would be supportive of this project.

 

Commissioner Kelly stated that that area of the city needs to be revitalized and the city needs to think about what we can do to help this area.

 

Mayor Kirby stated that if we can make a commitment to this project, and show that interest, we may be able to get a developer or two to buy that block and redo that area to truly make it a viable place in addition to this area of the city.

 

Myndi Gardt stated that Jeff Vuotto, Branch Manager for PNC Bank, would like to coordinate his VIP branch opening in May with the announcement of our community center at the old location, because they have a vested

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interest in a community center; they have offered to come in at least once a month to hold a community wide seminar.

 

Mayor Kirby inquired of Ms. Gardt what would be included in the “full building contents.” Ms. Gardt stated that this included all the furniture that matches the décor, chairs, etc. She has informed the bank that she wanted everything to be included.

 

Attorney Voss inquired as to how the bank arrived at their asking price. Ms. Gardt stated that the sale is listed with Colliers International. She informed the commission that if the city does not offer the full asking price, the property must be offered to the public, and we do not want the sale to go public.

 

Attorney Voss stated that there is a lot of homework to be done; it will take time to get everything together. He said he would be willing to sit down with the bank officials and get more information on cost, etc. We must have an independent appraisal.

 

Mayor Kirby asked for a motion to move forward with the plans as stated by Attorney Voss. Mr. McCormick made a motion to move forward. Mr. Kelly seconded the motion. Motion carried.

 

CITY ENGINEER REPORT:

Mr. Burke’s monthly report had been provided to the Commissioners prior to tonight’s meeting. Mr. Burke discussed and improvised on several items.

 

At this point, Mr. Burke introduced an associate that was recently hired by Foppe Technical Group, Mr. Tim Foster, who is working out of the Cincinnati office, with two-three days from the Florence office. Mr. Foster stated that he graduated from Bluefield College in West Virginia and worked for a company in Chesepeake, Ohio where he did some utility infrastructure design.

Item # 1 (a) (2) – Mr. Burke made reference to the Sanitation District letter, in which we had been requested from the District to identify what is on the city table in terms of land development within the community. We responded to that letter and received preliminary information back from the District indicating that the Board may approve an allocation of 20,000 gallons a day in the next two (2) year period for tying in the unsewered residents within the city. When the Board meets, they are going to divvy up that capacity. We are at the top of the line in terms of sewering unsewered residents, so it should not be long before we receive the letter in terms of capacity.

Item # 1 (b) (1) – Mr. Burke addressed Phase B, stating that the total grants for sewers is $400,000. Phase B has been reduced to exclude Russwill Drive. Mr. Burke stated that per the Mayor’s direction, we will go as far as we can with the grant money for sewers with the funds already received.

Item # 5 – Mr. Burke addressed the sump pump storm water problem for Abbington Drive residents. Instead of the status - pending, the concrete aprons and sidewalks have been completed.

Item # 7 – Mr. Burke stated that we are in the process of getting costs for the missing sidewalk opposite 9098 Braxton Drive. When he receives this information, it will be shared at a later date.

Item # 10 – Mr. Burke stated that there have been a number of complaints along Hempsteade Drive in the area beyond the entrance where the street changes from asphalt to concrete. There has been some concern about pavement settlement in front of driveways. The way to fix this is to treat the joints and resurface it, in due time. It is contingent upon funding availability.

Item # 14 – Mr. Burke responded to a request from Stoneybrook Court regarding a clogged street catch basin. This has been cleaned and completed by BCPW.

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Item # 16 – Mr. Burke addressed the unfinished street issue near 10174 Burleigh Lane. An inspection revealed an approximately 1-inch high pavement in transition from a final surface to a portion of an asphalt base pavement.

Feathering the pavement was the responsibility of the developer. The complaint hasn’t reoccurred.

Item # 17 – Mr. Burke stated that the 4-way stop sign at Burleigh Drive and Holderness Drive has been posted. This should improve the traffic flow and the concern for safety of children.

Item # 20 – Mr. Burke stated that the catch basin along Churchill Drive has been reconstructed and BCPW did an outstanding job on the repairs. This project has been completed.

Item # 21 – Mr. Burke responded to a request at 10050 Hempsteade Drive regarding street repair fronting a resident’s driveway. An inspection revealed portions of street slabs have settled approximately ¾ inches. Options for repair include mud-jacking, slab removal and replacement or complete resurfacing. The work has been added to the project list and will be addressed as early this or next year dependent on funding available.

Item # 22 – Mr. Burke stated that the “dead tree” issue at 9793 Windsor Way has been resolved – the tree has been removed.

Item # 29 – Mr. Burke stated that in reference to 1915 Whispering Trail, the county’s zoning administrator indicated that the driveway carport and off driveway parking has been removed.

Item # 30 – Mr. Burke addressed a complaint from Union Village resident/HOA VP (Mr. Scroggin) regarding a storm sewer discharge problem in Florence. Mr. Burke provided photos. The headwall structure is missing causing embankment soil to erode toward the lower Savannah Lakes Pond. The source of the discharge is generated from Richmond Road, a Union city street. The pipe without a headwall was added later, more than likely by the builder with some excavated soil. There was no dedication for public use. It was recommended that a headwall structure be installed to meet standards. The problem has been who will pay for it. The homeowners have been encouraged to get together since it is a common problem relative to ownership.  It has never been dedicated to public use, although approximately 15% of the water is coming from the city street of Richmond Road. Mr. Burke stated that this does not appear to be a City of Union issue and not our problem.

At this point, Mr. Scroggins spoke and stated that the drainage problem has gotten much worse and had photos of the soil running into the pond. Mr. Scroggin stated that the headwall had been covered sometime in the past and a pipe was put in place for extension. Mr. Scroggin questioned where the responsibility should be placed or where he should go to get the issue resolved.  Mayor Kirby also questioned, that if the city is not responsible, who is. Attorney Voss stated that Florence should deal with it, but the property owners have responsibility because it is on private property. Dr. Lloyd stated that his concern is that the homeowner association does not have the resources to file a lawsuit; it sounds like the builder created this mess. Dr. Lloyd also stated that he would not like to dump this on Florence even though the pipe extends into Florence. It is possible that Florence could say that it was a builder in Union who actually did this and the matter would come back to us anyway. The water is from Union, coming off of Richmond Road, and going into the Florence pond. Dr. Lloyd believes the city should find out who the builder was and write them a letter to make them aware of our concerns and desire to make this situation right. Attorney Voss stated that if the builder could be determined, he would prepare the letter. Mayor Kirby stated that we should get any information we could and Mr. Burke would work with Mr. Scroggins on this situation. Mr. Scroggins said he would help provide us with the information requested.

Item # 31 – Mr. Burke addressed a complaint regarding storm water runoff in Hempsteade Subdivision at the end of Bayswater Drive, where excessive storm water from at least two (2) lots via sump pumps and roof leaders are overtopping the sidewalk. This overflow onto the street causes an ice/safety problem during the winter. The residents have indicated that this is an ongoing problem. The options for this problem are: a) do nothing; b) evaluate

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the feasibility of response for addressing a letter to the developer/builder for extending a sump pimp line within the tree lawn strip to the next catch basin a significant distance and cost; or c) the city may want to cut the curb and install, a pipe under the sidewalk of the street to improve safety. Mr. Burke stated that option “b” would be the first step toward a solution. Mayor Kirby agreed to sign a letter to the Drees Company for mailing.

Ms. Gardt spoke of her personal experience with a similar problem in the area. She stated that her sump pump runs all the time; after she had lived in her home for awhile, it was determined that the home was built on a natural spring. A ten feet stretch of her sidewalk would be covered with sludge. She first contacted Boone County, who told her to call the builder. The builder re-routed her sump pump line across her entire basement, across their property, into the woods.  The Drees Company covered the cost, which was four (4) years ago. Attorney Voss advised to proceed with sending the letter, to Mr. Michael Schoettelkotte.

Item # 32 – Mr. Burke addressed a flooding issue received via email from Jeff Wallace.  The area is located along relocated U.S. 42 and Frogtown Road, opposite St. Timothy. To ascertain the size of the watershed, there are three (3) large culvert pipes beneath the new access road connecting the Cool Springs Subdivision near the Zaring Homes sign. When Mr. Burke and Tim Foster observed the problem, it appeared that there is no culvert pipe under the driveway at 1923 Frogtown Road. As a result, the driveway acts as a dam. Mr. Burke shared photos to this effect. It appears that the owner of the driveway should take care of the problem. Mr. Burke stated that he would prepare a letter in response to Mr. Wallace with a copy to the property owner recommending repairs.

 

PLANNING AND ZONING:

Mr. Randy Barlow, Planning and Zoning Representative, was not present

 

OLD BUSINESS:

There was no Old Business for discussion.

 

NEW BUSINESS:

Todd Sayers introduced himself and stated that he would like to offer his time and services as Commissioner when the position presently held by Warren Moore becomes available. Mayor expressed his appreciation for this offer.

 

Mr. Scroggins spoke again about the Homeowners Association in Union Village. He stated that they have a strong association there, thanks in part to Dr. Lloyd who held the position of President a couple of years ago. Mr. Scroggin addressed four (4) issues pertaining to Union Village: 1) speeding on Richmond Road; since the Arlinghaus development ties into Richmond Road, it has now become a mayor thoroughfare for people going from Mt. Zion Road to his area. There is a considerable amount of speeding and drivers running stop signs. He wanted to know if the area could be policed more for speeding 2) Mr. Scroggin stated that with the Ordinance recently passed concerning garbage cans, no change has taken place in that area in Union Village and wanted to know what can be done to enforce that 3) He also expressed that there are residents who park in the grass on a regular basis. He usually calls Planning and Zoning; they send the residents a letter but there is no “teeth” in it to stop the situation from happening 4) Mr. Scroggin stated that there is a resident who is running a car repair business out of his home on Richmond Road. No proof has been established, but it is very obvious that that is what is going on.

 

Mayor Kirby asked Mr. Scroggins to keep the lines of communication open, because a lot of times we do not know about the problems. Mayor Kirby also stated that the speeding is an issue all over the city and county, even on Hempsteade Drive, which is a thoroughfare in the area where he lives. What we typically do in those cases is where there starts to be a lot of that activity, we have the sheriff department concentrate on that area and write tickets. We ask for extra patrols in those particular areas and enforce it.

 

Mayor Kirby asked Attorney Voss about the garbage ordinance. Attorney Voss stated that it must be enforced by the sheriff’s department. If we have the names of the persistent offenders, Attorney Voss stated that he would be glad to

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write a letter to them.

 

Mr. McCormick questioned the use of speed bumps. Mr. Moore stated that we must check with the state before speed bumps can be installed.

 

Mr. Scroggins thanked the council for their guidance and assistance.

 

Myndi Gardt stated that the Union Visioning Committee would like to have a meeting next Wednesday from 7:00-8:00 p.m. (19th).

 

Mayor Kirby stated that he has been contacted recently by an organization called “America Supporting Americans” and Linda Patterson has called to ask if Union would participate in adopting a military squadron stationed in Iraq. This particular squadron was supposed to be sponsored by another city but they backed out. As a part of this, we want to have a Resolution and send in the application. We will also coordinate as a community doing things with the schools such as letter writing programs, just anything we can do to get the information out to the citizens. Mayor Kirby stated that he has gotten an email from the Captain over there. Those gentlemen serving in Iraq are so appreciative of this type of effort, and to know that there are people here thinking about them and supporting them, no matter your views on the war.

 

Mr. Moore stated that he appreciated what the soldiers are doing in Iraq.

 

Mayor Kirby read RESOLUTION NO. 2006-004 – RESOLUTION OF THE CITY OF UNION, KENTUCKY JOINING THE GRASSROOTS MOVEMENT OF AMERICA SUPPORTING AMERICANS AND HEREBY ADOPTING THAT CERTAIN MILITARY UNIT KNOWN AS HHT (HEADQUARTERS AND HEADQUARTERS TROOPS) FIRST SQUADRON 32nd CAVALRY REGIMENT 1 BCT, 101st ABN DIV (AASLT).  Mr. Moore made a motion to approve the Resolution. Dr. Lloyd seconded the motion. Motion carried.

 

ADJOURNMENT:

No further business came before the Commission. Mr. McCormick moved to adjourn the meeting at 9:15 p.m.  Dr. Lloyd seconded the motion.  Motion carried.

 

Signed this 8th day of May 2006.

 

APPROVED:                                                                  ATTEST:

 

                                                                       

_____________________                                          _______________________________­­__

Don Kirby, Mayor                                                        Kathy Porter, City Clerk/Treasurer