CITY OF UNION, KENTUCKY

Regular Business Meeting

MINUTES

Monday, November 2, 2009

CALL TO ORDER: Regular Business Meeting

Mayor Don Kirby called to order the Regular Business Meeting for the Union City Commission on Monday, November 2, 2009 at 7:00 p.m.

Present: Mayor Don Kirby, City Commissioners Bob Kelly, John Adams, Todd Sayers, and John Mefford. Also, City Attorney Greg Voss, City Engineer Barry Burke, (FOPPE Technical Group) and Kathy Porter (City Clerk/Treasurer). Sixteen (16) citizens signed the attendance sheet.

MINUTES: (All Commissioners were provided a copy prior to tonight’s meeting)

Commissioner Sayers moved to accept the REGULAR BUSINESS MEETING MINUTES of Monday, October 5, 2009 and the motion was seconded by Commissioner Adams. Motion carried.

TREASURER’S REPORT: Commissioner Mefford moved to accept the Treasurer’s Report as of October 31, 2009 as presented. Commissioner Kelly seconded the motion. Motion carried.

UNION CARES PROGRAM – November – Harvest of Hope Ministries – Karen Franxman introduced Arnie Foreman and Dale Bryant from Union Baptist Church. Mr. Foreman spoke on behalf of Harvest of Hope. The information can be found on the website.

Karen Franxman gave a brief summary of what the Union Cares Program is and how a citizen can donate.

CORRESPONDENCE: None was presented.

CITIZENS WISHING TO SPEAK: Ms. Jill Price of 10026 Cedarwood Drive spoke to the commission about the need for speed humps on Cedarwood Drive. Ms. Price spoke how the situation was brought up six (6) years ago, but had not been remedied. But within two weeks of bringing the situation to the attention of the city someone had contacted her. Ms. Price gave a signed petition from certain residents in favor of the speed hump to Mayor Kirby. Ms. Price also asked for extra patrols in this area.

Mr. Burke gave his report on the findings of the Speed Study at Cedarwood Drive. Mr. Burke did a detailed Spot Speed Study. He stated that the study was performed in the peak hours (the time when people are going and coming home from work.) However, Ms. Price also suggested that he come out around 3:00 p.m. when the buses and kids are coming home from school. Mr. Burke stated that during the AM & PM times that he was there, a total of 65 cars were clocked and speeds recorded came through (e.g. 39 eastbound and 26 westbound), and of those cars only 3 were going less than 20 miles per hour. The 85 percentile speed taken revealed that 85% of the traffic exceeded the 20MPH posted speed limit by over 5MPH, which according to ITE qualifies for the need of a traffic calming device (i.e., speed hump).

Mr. Burke recommended that a speed hump be placed opposite addresses of 10050 & 10051; and, another opposite 10026 & 10025. This would help to slow traffic down to the posted speed limit. Mr. Burke recommended that humps would be placed about 315 feet from each other to limit the speeds. Regarding the hump near 10026, there is about 15 feet between mailboxes, so this hump could be placed without a conflict with the driveways. Mr. Burked stated that based on the ITE guidelines and the study speed humps are recommended. He recommended to the commission that speed humps be placed along Cedarwood Drive at the addresses as stated.

Mayor Kirby asked about how the weather will affect the placement of the speed humps. Mr. Burke state that the asphalt plants are open till the end of November which gives the contractor four (4) weeks to install the speed humps. Mr. Burke said that he was hoping that we could do the two (2) on Richmond Road as well as the two (2) on Cedarwood Drive. Mayor Kirby said that he would like to proceed with this after a little bit of discussion.

Mayor Kirby asked Mr. Sayers to contact the Sheriff’s Department to ask for a ticket writing party on Cedarwood Drive. He would like them to write tickets no matter how much over the speed limit they are.

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A resident asked how the speed hump will affect snow removal. Mr. Burke stated that we should let Spillman Lawncare (the company that handles the snow removal for the City of Union) know that new speed humps have been installed. The previously explored the options of putting in hard rubber speed humps that need to be removed were quite costly and required unnecessary extra maintenance.

Mr. Kirby asked for someone to be the main contact at Cedarwood Drive. This person would be the one that would be in contact with the city on this project. Ms. Jill Price agreed to do this.

Someone from the audience asked if there were any other options other than putting in the speed humps. Mayor Kirby responded that we have been through this process as how to figure out ways to slow people down through different calming devices, more patrols and other options. He stated that this is why we do the detailed speed studies first to make sure that the speed humps are the best action. He states that the positioning of the speed humps is key.

Someone from the audience asked what a speed table is? Mr. Burke answered that question. A speed table is concrete that is poured in forms has ramps to slow traffic and the top is flat. The speed table near the pool within Hempsteade Drive is there mainly because it also can be used as a crosswalk for pedestrian safety.

Someone from the audience asked if any after studies had been done on the areas where speed bumps had been put in. Mr. Burke stated that he had physically tested the speed humps and they do work. However, Mayor Kirby stated that no other official review had been done after the humps have been installed. Mayor Kirby requested that another after speed study be done. Mr. Burke stated he would provide such and document the results of speeds after the speed hump construction and compared the results with the pre-construction conditions.

A resident asked how the speed humps affect the property value of the homes. Mayor Kirby stated that we had never done the analyses to see if it hurt or helped the value of homes, except to know that it helps in pedestrian safety. He stated that the only complaints that he had received were from residents who do not live in the area.

Someone from the audience commented about a safety issue concerning basketball goals in the streets. Mayor Kirby said that he would check to see if there was some type of zoning issue that can be enforced. Someone from the audience stated that there is one in Lancashire near Wilshire Court that has been concreted in. The goal post is in a cul-de-sac. Mayor Kirby stated that we need to check into this issue. Mayor Kirby asked Mr. Kelly to make note of the location and to check into it.

Mr. Eric Erpenbeck spoke to the council concerning street lights within the Union Village Homeowners Association. The issue that he brought up is the compensation of the difference between the gas lights and electric lights in the subdivision. He stated that they had received a payment of $700.00 from the city in April of this year. He was under the understanding that the $700.00 was supposed to be a quarterly payment, but they had not received any more. Mayor Kirby asked Kathy Porter to check into the $700.00 check that was sent in April to see what it was for. Mayor Kirby let Mr. Erpenbeck know that the city had just last month agreed to pay only the difference and move forward. Mr. Erpenbeck said he had a scanned copy of the check that he could send.

Mr. Erpenbeck also spoke to the council concerning the maintenance associated with the lights in the city. Shawn Knollman had addressed the council with this issue back in May of this year. He presented the commission with a quote for $3,000.00 dollars from Duke Energy that would handle three (3) separate cleaning. Mr. Moore (Commissioner) was at that time given the task to investigate this. Mr. Erpenbeck since has received a new quote from Cincinnati Gas and Light with prices of $475.00 per cycle. Mr. Erpenbeck asked the commission to look into this to see if the city can help with the cleanings. Mayor Kirby asked Mr. Erpenbeck to forward the quotes to the Kathy Porter so the commission can look into this.

Mr. Erpenbeck also spoke about a lake that is behind his house that shares a retention pond from Krogers. He stated that

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The lake was at one point in time very deep. Mr. Erpenbeck stated that in the summer the lake turns green and looks as if you could walk on it. By the middle to end of September it looks clear again. During the summer months the mosquitoes are bad. He asked about a quote that he received from Jones Fish and Pond that will make the pond to look good all year around. They would add chemicals to the pond for around $6,000.00 to $6,500.00 per year. He would like to bring that to the City of Union for any help they can give. If this is not an option and this is a private lake that is drainable, he asked if that could be done.

Attorney Voss explained to Mr. Erpenbeck that the lake is privately owned and the city cannot spend public money on a private property. He also stated that before the lake can be drained that the homeowners would have to talk to Planning and Zoning. Since this is a retention pond they need to prove that it is doing what it is supposed to do.

Mr. Erpenbeck asked who would be responsible for the pond if it no longer could do what it is supposed to do. Mayor Kirby said unfortunately it would be the responsibility of the residents. However, the city of Union can lend help to get the appropriate parties and records together to see if this issue can be settled.

Mr. Adams asked if SD#1 could help if this is a retention pond. Mr. Burke stated that ponds whether they are retention or not they are private and not part of their scope regarding cost funding assistance.

Mayor Kirby asked Mr. Burke perform a re-evaluation and take a look at the pond to see if there is something the city could do to assist in the options discussed at present.

CITY ENGINEER REPORT: Mr. Burke referenced his detailed City Engineering Report and summarized stated the following issues. Mr. Burke spoke about the city’s sanitary sewer system. Phase C is now ninety-one percent (91%) complete; and. Phase A & B is about sixty percent (60%) complete. On the total project for both phases, we are about seventy-five percent (75%) complete. Mr. Burke spoke about the highlighted points in his report.

Mr. Burke spoke about Item# 1. (b) (2). —Mr. Allen at 10021 Russwill Drive. Mr. Allen has continued to coordinate the concerns he has with the structural condition and the landscaping issues at his property. Mr. Burke spoke with Attorney Voss and he is moving forward with the tree problem.

Regarding Item # 1 (b) (6). Mr. Dwelly at 10109 Russwill Drive is getting a little contentious. The city contractor was out at the property to re-erect some of the fences. Mr. Dwelly had asked for higher fences and the city told him that the contractor would put in the fences but Mr. Dwelly is responsible for the difference in cost. Mr. Dwelly is accusing the contractor of damaging his pet cemetery fence. It is Mr. Burke’s understanding that the city’s contractor went out to the property to start erecting the posts to replace the fence and Mr. Dwelly stopped the work. Mr. Burke spoke with Attorney Voss about the legal aspects of the stoppage. Mr. Dwelly is already in violation of the tap-in ordinance, of 90 days. Attorney Voss stated that he would deal with the situation with Mr. Dwelly and his attorney.

The next issue Mr. Burke spoke about was Item #1. (b) (14). Mr. Kemp at 10178 Russwill Drive is now tapped in to public sewers.

The next Item# 1 (c) (3) Mr. Burke stated we have submitted the record drawings to SD1for the sewer system from the point of the relocated US 42, the city building, and eastwardly along the north side of Mt. Zion Road on 9/15/2009. We are waiting on the final sewer line mandrel testing prior to sending letters out to the property owners in the area to be able to tie-in. The city contractor was directed to restore with vegetation to the disturbed areas. An application of winter wheat seed is often used to help with erosion prevention in colder weather. Then, the contractor will come back in the spring to ensure a quality job.

Item# 1 (d) Mr. Burke mentioned the invoicing from the city’s sewer contractor G&T Excavation. We did not get a bill from them this month, so the next invoice will carry to next month. He also mentioned that according to the City Clerk Kathy Porter, the application for the $517,500.00 KIA Loan has been returned to a local law firm Peck Schaffer Williams

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for review; but we had not yet received the loan money that we had applied for to date.

Regarding Item #1 (f) Sewer Capacity Connection Fees. He stated that SD1 connection permits had been issued to over 30 owners and the majority of users have tied in. There is the problem of the promissory notes that have not been signed. Some residents that had signed the promissory note and had been billed the $199.68 on their annual property taxes for a term of twenty (20) years. But the ones that had not and did not pay up front have not been billed as of yet. This is a problem which still needs a satisfactory solution.

Regarding Item # 1 (g) Mr. Burke stated in regards to the surcharges and assessments, SD1 has previously agreed to place assessments on and as part of SD1’s monthly sewer bills. Mr. Burke stated that while several property owners still have not tapped – in, this billing process is critical for SD1 to collect the assessments/surcharges so that SD1can reimburse the city to pay off the KIA loan. Mr. Burke assured the city he will follow up with SD1 to bring a satisfactory solution.

Regarding Item #4 Mr. Burke mentioned the Hempesteade Drive Street improvement project. The project is now complete. Mr. Burke recommended the 10% retainage amount be paid to Bluegrass Paving Inc.

Regarding Item #3 Mr. Burke mentioned the public culverts along Hempsteade Drive. Resident Mr. Paul Moran has questioned the design of the horizontal cover on his culvert. Mr. Moran asked if we could replace the 1” solid bars with 1-1/2” hollow bars for extra strength. Also he asked whether painted steel or galvanized steel or alloy is better. Mr. Burke will work with him on his requests. Mr. Moran also asked if he could install storm grating himself. Attorney Voss said unless he is qualified as a city contractor with insurance, etc., that there is no other viable option then the city to perform the work. Mr. Burke will respond to him regarding the advice given by the city attorney.

Regarding Item #5 the traffic controls issues. Mr. Burke was requested to perform a speed study on Pembroke Drive. Mayor Kirby said that was fine to proceed.

Regarding Item #13 the stubbed street of Wilshire Court within Plantation Point, The street pavement, water main, etc. stops about 52 feet short of the public right-of-way. Contact with Boone County inspectors failed to report a reason why the street was not constructed closer to the terminus of the public right-of-way. According to Drees Company, requesting some help in this regard, the cost of extending the infrastructure has been estimated at about $9,000.00. Mr. Burke’s opinion is that the City is not responsible for the cost of errors of others. Mr. Burke asked if The Drees Company needed a formal response. The city indicated that it was not needed.

Kathy Porter made a comment on Mr. Burkes report under Item #3 about the cleaning of the storm inlets along Hempsteade Drive per landscaping contract with A&A. A&A contacted Kathy and said they had completed the clean out and would going back since we had a lot of rain.

PLANNING & ZONING: Jim Longano - Planning and Zoning Union Representative

Mr. Longano was in attendance and stated that there is nothing this month that will affect the city of Union directly. He also mentioned the Greenway and Trail Study for Boone County.

COMMISSIONER OF PUBLIC WORKS/UNION VISIONING COMMITTEE: Bob Kelly-Commissioner of Public Works; Mr. Kelly mentioned project at Union Village gas vs. electric. The city had agreed to reimburse the difference. The average for the payment of the gas lights is $731.00 per month. Mr. Erpenbeck stated that it was closer to $900.00 per month. Mr. Kelly stated that if the lights were electric the cost would be around $312.00 per month. Mr. Kelly offered to check with the person that Mr. Erpenbeck had talked to at Duke Electric. Mayor Kirby asked Mr. Kelly to check and see who is paying for the light by the Library and US 42 that the HOA does not pay for. Mr. Erpenbeck asked if the reimbursement would be for the whole year of 2009 or from now moving forward. Attorney Voss and Mr. Kelly both think the intention was from now moving forward.

Mr. Kelly also mentioned a property maintenance code. Since we do not have an ordinance can we still send letters to

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people about property maintenance? Attorney Voss said he would look into it but would also like to see the list of people we would like to send letters to.

The visioning committee will be sending letters to developers. He also mentioned the letter that we received about school redistricting.

CITY EVENTS COORDINATOR: Karen Franxman spoke about the Union Community Building. We spent $35o to winterize the second floor. The next step in getting the building ready is to shut off the heat on the second floor and get the bottom of the steps closed off. As far as renting the building she and Kathy Porter are working on an agreement to rent the building.

Ms. Franxman also suggested naming the new rooms to distinguish them from each other, rather than calling them the large and small rooms. The room name suggestions were Porter Hall and Kirby Hall. Porter Hall would be the smaller room and Kirby Hall the larger room.

Ms. Franxman also suggested that Spillman Lawncare hang a curtain to hide the truck. The commission agreed with this suggestion. Mr. Kelly stated that he would call them.

Ms. Franxman also mentioned the last Union Event which was held on October 24, 2009. The Chili Cook Off event was attended by approximately one hundred (100) people. The chili cook off champ was Diane Michael, second place was Ken Fountain and third place was Randy Barlow. We had eight entries. Ms. Franxman stated that the City of Union donated the remaining hot dogs and buns that were left from the Chili Cook Off to the Hosea House.

Ms. Franxman suggested that for the next event road closure signs should be put out a couple of days in advance. It was recommended that we could borrow the signs from public works.

The next scheduled event is Saturday, December 5, 2009, which is the “tree lighting” which will be held at the Union City Building from 6 to 8. There will be refreshments served. There will be activities for the kids and the lighting of the tree at 7:00. It was asked if there would be enough parking at the city building. Ms. Franxman stated that they had thought about it and one solution would be to possibly get the Sherriff’s Department here to direct traffic to the Union Baptist Church and have them bused to the city building.

Mayor Kirby commented on how pleased he has been on the events that have been held within the city through out the year and is looking forward to the events to come.

The volunteer committee has compiled a list of possible events that Ms. Franxman presented to the commission for approval. One suggestion would be a fireworks display for Fourth of July. There are a lot of things to consider when planning for an event this big. Mayor Kirby suggested Karen look into events a little further. The volunteer committee is still looking for more volunteers.

The next meeting for the volunteer committee is planned for Monday, November 9, 2009 at the Union City Building.

Karen Franxman stated that someone had contacted her about maybe starting Northern Kentucky Corn Hole League. She has asked for more information. She also received an email from Laura Pears about working with the Union Presbyterian Church about hosting a community wide Easter Egg Hunt.

The Union Community Theater will be meeting on November 8^th to discuss the 2010 season. They are looking at possibly having two (2) shows this year; one in July and one in December.

The Union Cares program for November is Harvest of Hope Ministries. For December there will not be an organization, but the city will be accepting donations of gently used winter coats and H.U.G. S. which stands for hats, underwear, gloves, and socks. Then we will contact organizations to distribute.

For the Town Center Plan Karen has met with Kevin Costello and Dave Geohegan from Boone County Planning Dept. They are reaching out to developers as Pizzutti had recommended.

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OLD BUSINESS:

Second reading of ORDINANCE NO. 2009-010 – AN ORDINANCE ENACTING AND ADOPTING A

SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF UNION, KENTUCKY. Commissioner Sayers made a motion to accept, Commissioner Adams seconded. Motion Carried.

Second reading of ORDINANCE NO. 2009-011 – AN ORDINACE ANNEXING CERTAIN UNINCORPORATED TERRITORY ADJACENT TO THE PRESENT BOUNDARIES OF THE CITY OF UNION, KENTUCKY. Commissioner Adams made a motion to accept, Commissioner Mefford seconded. Motion Carried.

NEW BUSINESS:

None presented.

ANNOUNCEMENTS:

Next City Commission Meeting: Monday, December 7, 2009 @ 7:00 p.m.

EXECUTIVE SESSION:

Mayor Kirby called for a motion to enter into Executive Session pursuant to K.R.S. 61.810 (a&b) to discuss acquisition and litigation of sanitary sewers. Motion made by Commissioner Adams and seconded by Commissioner Sayers. Motion carried.

***Executive Session

At the conclusion of the Executive Session, Commissioner Mefford moved to reconvene the Regular Business Meeting at 9:03 p.m. seconded by Commissioner Sayers. Motion carried.

ADJOURNMENT:

No further business came before the Commission. Commissioner Adams moved to adjourn the meeting at 9:03 p.m. Commissioner Sayers seconded the motion. Motion carried.

Signed this 7th day of December, 2009.

APPROVED: ATTEST:

________________________ _______________________________

Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer