CITY OF UNION, KENTUCKY

Regular Business Meeting

MINUTES

Wednesday, September 9, 2009

CALL TO ORDER: Regular Business Meeting

Mayor Don Kirby called to order the Regular Business Meeting for the Union City Commission on Wednesday, September 9, 2009 at 7:00 p.m.

Present: Mayor Don Kirby, City Commissioners Bob Kelly, John Adams, and John Mefford. Also, City Attorney Greg Voss, City Engineer Barry Burke, (FOPPE Technical Group) and Kathy Porter (City Clerk/Treasurer). Absent: Commissioner Todd Sayers. Six (6) citizens signed the attendance sheet.

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

Commissioner Adams moved to accept the REGULAR BUSINESS MEETING MINUTES of Monday, August 3, 2009 and the motion was seconded by Commissioner Kelly. Motion carried.

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

UNION CARES PROGRAM – September – Hosea House

Karen Yates from Hosea House spoke about the charity. They provide an evening meal every night. They also provide a foot clinic to aid the homeless.

CORRESPONDENCE:

Lighting at the Villa’s at Fowler Creek entrance. Resident Ms. Noreen Morgan spoke to the city commission about the need to light the entrance. There have been some residents winding up off the roadway due to dimmed lighting. She gave the commission two (2) estimates that she received, One (1) from Quinn Electric and one (1) from Rose Electrical. The location of the lighting with respect to public rights-of-way was discussed. Mayor Kirby asked Mr. Burke to work with the Villa’s at Fowler Creek residents to see if the city can help them with this issue.

Ryle High School Homecoming Parade: An invitation was received to be in the Ryle High School homecoming parade. The parade will be on September 25, 2009. Mr. Mefford will coordinate with the sponsor.

Trick or Treat Schedule: Mayor Kirby read an e-mail from Ethan Argenbright about changing the trick or treat times so that it will be dark when the kids are out. Mayor Kirby asked Kathy to ask around to other cities to see what their trick or treat times are.

KLC Conference: Mayor Kirby read a letter from the City of Covington who is hosting the 2009 KLC Conference and Expo. They would like a contribution of $75.00 for gift to give to delegates that will be attending. Mayor Kirby asked Kathy to issue the check.

Mr. Paul Moran – 10252 HempsteadeDrive – regarding a safety fencing project on a storm sewer headwall in process. Mr. Moran did not agree with the city engineer regarding the project and asked the city commission to stop the project or delay putting the proposed fencing around the drainage culvert in his back yard until December or when SD1 will take over the storm sewer infrastructure in Northern Kentucky. Mr. Moran took issue with the city’s project regarding lack of adequate notification, lack of public easement and other concerns including the need for such a project.

Mr. Moran advised the city commission of his background and had concerns that the fence will be an attractive nuisance and attract youngsters to his back yard. He points out that the former city engineer had been at his property and had not seen the need to put up such a fence, now recommended by the new city engineer. He stated that he has never had any accidents or incidents since the unfenced storm drainage culvert was put in.

Mr. Moran asked to see a copy of the easement giving the city the rights to put up the fence.

Attorney Voss pointed out statute KRS 100.277 which deals with subdivision regulations. It states that there is no need for separate easements. Under Kentucky section 4 of the law.. any street or other public ground which has been

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dedicated shall be accepted for maintenance by the legislative body after it has received final Plate approval by planning commission. Mr. Voss also pointed KRS 82 the home rule allows the city for safety purposes to do what they need to do. Atty. Voss pointed out that the city has a legal responsibility to ensure the safety.

Mr. Burke, in response to Mr. Moran’s comments, spoke about the background on the project, as approved by the city in 2008 and the need for such safety fencing. Research performed regarding the subdivision plats clearly indicated a publically dedicated easement for the storm sewer and headwall and a private easement beyond the headwall structure. It is the industry standard that no specific easement documents regarding such fencing are necessary. The overall project included the review of two (2) inlets and two (2) outlets. The larger inlets now have safety enclosure grates for protection. The smaller outlet on Mr. Moran’s property was the last portion of the project to be completed. Mr. Moran directed the city’s contractor to remove a portion of the fencing. Thus, there was a work stoppage brought on by the property owner rather than the city. Mr. Burke stated that there is not a specific regulation regarding fences on headwalls, however, numerous national, county and local standards include guidelines for increased safety for both inlet and outlet structures. As City Engineer licensed by the state of Kentucky, Mr. Burke felt responsible for the provision of safety for the residents. Mr. Burke recalled his meeting with the previous city engineer regarding the fencing on two (2) inlets. These inlets were totally enclosed with swing gates. During intense storms, excessive debris would accumulate in front of the gates causing high maintenance costs.

Mr. Burke gave more background on what the city has done in the area, including taking down the inlet fences that were debris catchers that were unnecessary. He pointed out that guidelines intend that all drainage outlet structures with a vertical drop of 42” or more needs to have a fence around them for safety reasons. Mr. Burke pointed out another larger outlet just up the street from Mr. Moran’s property that had a chain link fence around it and was in need of repair. That repair has been completed to the owner’s satisfaction. In response to the concerns voiced by adjacent neighbor Mr. Dale Evraetes and Mrs. Moran at a city commission meeting in 2008, the city authorized Mr. Burke to consider a fence that was more aesthetically pleasing as opposed to the chain link fence. Mr. Burke stated he visited Mills Fence Company in Walton and made copies of some brochures for an aluminum fencing upgrade. He then forwarded brochure copies to the Moran’s and his neighbor Mr. Evraetes. After a few unanswered contacts, and further delay due to the winter season, the project moved forward. Mr. Burke contacted a local contractor to install the fence. However, after the work started and since Mr. Moran took the fence down (with the approval of the mayor) it will need to be re-inspected first. There were also some discussions regarding the city owner liability. Based upon the foregoing information, as stated in a Memorandum to the city commission, Mr. Burke recommended the following: 1) that the city be authorized to move forward on the project; 2) that the fencing removed my Mr. Moran be re-inspected for adequacy; and 3) that any additional cost incurred over the cost estimated at $1,150 be paid by Mr. Moran.

Mayor Kirby spoke to Mr. Moran and told him that we have the right to put fence up, but also stated that we should have spoke with Mr. Moran throughout the process. Mayor Kirby asked if SD#1 has looked at the culvert. Attorney Voss related to the documents pending transfer of storm sewer systems to SD#1. Mr. Burke stated that SD#1 staff was contacted including Mike Apgar, Sean Blake and Jim Parsons, attorney for the District. Mr. Apgar deferred the legal implications to Mr. Parsons. Mr. Parsons stated that he didn’t see a difference between the city’s street public right-of-way and the storm sewer easement, as dedicated but referred legal implications to the city attorney.

Mayor Kirby wanted to find a solution that both the City and Mr. Moran can agree on. Mayor Kirby asked Commissioner Kelly to work with Mr. Burke and Mr. Moran. Mr. Burke stated that another possible solution as an alternative would be a horizontal structure bolted to the top of the headwall. He would contact Mills Fence regarding the cost of the fencing removed and work with Mr. Kelly and Mr. Moran to come up with a reasonable solution. Mr. Moran again pointed out that there are more safety issues throughout the community that the city should be concerned about other than his back yard.

CITY ENGINEER REPORT: Mr. Burke referenced his documented report and stated the following. The city’s sewer system is moving along. We are about seventy percent (70%) complete. Mr. Burke sent a letter to the contractor about punch list items. The contractor has been out working on them and they are about fifty percent (50%) complete. Phases

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A & B is also moving forward, draft letters to the users are pending mail out after the portion of the new sewers pass testing procedures.

Mr. Burke mentioned that both he and Kathy received copies of the KIA State Loan Fund Assistance Agreement. Kathy needs signatures before they can send back to the law prior to forward back to KIA for completion of the agreement. The loan amount of $517,500 is necessary to complete the project.

Mr. Burke advised that the Hempesteade Drive improvements are complete except for (1) speed hump, paint stripping, and joint seal. An invoice for 90% of the construction costs was recommended for payment, holding back 10% until project completion.

Mr. Burke advised that the Mt. Zion Road crosswalk at Pembroke and Wetherington is fading. He stated that it needs to be re-striped. Kathy will call a qualified contractor to perform the work.

Mrs. Brown of Hartwood Court was in attendance and spoke about the concern of soil erosion through the rear of her and her neighbor’s property. Mr. Burke responded to the issue at Hartwood Court with the Brown property. An on-site inspection was performed and digital pictures taken. The drainage from the large watershed is causing erosion of the yards beyond the publically dedicated storm sewer easement. He stated that this is a private easement and the city cannot use public funds on private property issues. The burden of responsibility is on the homeowner. Mr. Burke had spoke with Mr. Brown about ways to correct this problem. Mr. Burke stated he would check the discharge control structure regarding the lake opposite Cedarwood Drive. He also suggested they use large stone rip-rap to minimize the erosion over time. Mr. Burke advised that SD1 is considering responsibilities for publically owned and maintained open channels; however, in his opinion, the city doesn’t have any such public open channels. Mayor Kirby asked Mr. Burke to provide any engineering related help that he could and provide a list of contractors for Mrs. Brown in case she decides to initiate the work themselves.

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

Mr. Longano was not in attendance but submitted his monthly report to the commission. There is nothing this month that will affect the city of Union directly.

COMMISSIONER OF PUBLIC WORKS/UNION VISIONING COMMITTEE: Bob Kelly-Commissioner of Public Works; Mr. Kelly states that we need some type of criteria for the placement of speed humps. A lot of neighborhoods are now requesting them. Mr. Kelly will work with Mr. Burke to set the criteria.

Mr. Kelly spoke about the island at Hempestead. He states that the HOA will be taking over control once the city gets it landscaped. He would like to work with the HOA President on the landscaping to make sure they are in agreement with the choices.

Mr. Kelly has been working on the cost of the gas lights at Union Village Subdivision.

Spillman Lawncare has asked about using a bay at the community center to store his truck in case they have a break down during snow season. Karen Franxman pointed out that the bay in question is where the new handicap restroom will be. Also she asked if they will only be using it for storage or maintenance. The city will be putting a lot of money

in to making this a nice place to rent out and wants it to stay nice. A suggestion of maybe parking the truck outside was considered. Mr. Kelly said he would go back and ask Mr. Spillman to put this in writing what he is looking for.

CITY EVENTS COORDINATOR: Karen Franxman spoke about the change of use permit for the community center. She has talked to Mark Martin at the Boone County Building Dept. concerning this issue. Mr. Martin e-mailed Karen specific things that need to be done before a change of use permit will be issued. They are: shut off the upstairs, Not to exceed 300 in capacity,

Movie night on September 4, 2009, was a success approximately 200 people showed up. The next movie night is scheduled for October 2, 2009. We will be showing Ghostbusters.

There are two upcoming events: A chili supper in October and on December 5, 2009 a tree lighting ceremony. Also mentioned was the idea to sell City of Union Christmas ornaments.

The Community Theatre – show dates are October 1, 2, & 3 with two shows on Saturday October 3, 2009.

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OLD BUSINESS:

Second reading of ORDINANCE NO. 2009-009 – AN ORDINANCE LEVYING AND FIXING THE TAX RATE OF THE CITY OF UNION, KENTUCKY FOR THE FISCAL YEAR 2009 LEVYING SAID TAX UPON REAL AND TANGIBLE PROPERTY; FIXING THE DATE OF PAYMENT, DISCOUNT PAYMENT, DELINQUENCY AND INTEREST CHARGES; FIXING THE PURPOSE THEREFORE; AND SETTING THE PROCEDURE FOR COLLECTION OF TAXES. Commissioner Mefford made a motion to accept, Commissioner Adams seconded. Motion carried.

NEW BUSINESS:

Storm Water Infrastructure Transfer - Mayor Kirby states that he has issues with the transfer. Pointing out the lawsuit that Cold Springs has. Attorney Voss stated that two (2) of the detention ponds are public. Attorney Voss will talk with the SD#1 to inquire about the question concerning the Cold Spring lawsuit. This Resolution has been tabled until next month for further review.

ANNOUNCEMENTS:

City Clerk Kathy Porter mentioned to the commission that the city will now be accepting credit cards. The cards accepted are Visa, Mastercard, and Discover. There will be a 2.00% convenience fee added to amount due.

Next City Commission Meeting: Monday, October 5, 2009 @ 7:00 p.m.

ADJOURNMENT:

No further business came before the Commission. Commissioner Adams moved to adjourn the meeting at 9:45 p.m. Commissioner Mefford seconded the motion. Motion carried.

The Meeting was re-opened at 9:50 p.m. to read Resolution 2009-010 – RESOLUTION OF THE CITY OF UNION, KENTUCKY APPROVING AND AUTHORIZING AN ASSISTANCE AGREEMENT BETWEEN THE CITY OF UNION, KENTUCKY AND THE KENTUCKY INFRASTRUCTURE AUTHORITY. Commissioner Adams made a motion to accept, Commissioner Mefford seconded. Motion carried.

Motion to adjourn the meeting was made by Commissioner Adams and seconded by Commissioner Kelly at 10:00 p.m.

Motion carried.

Signed this 5^th day of October, 2009.

APPROVED: ATTEST:

________________________ _______________________________

Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer