CALL TO ORDER:
PUBLIC HEARING:
Mayor Kirby called to
order the Public Hearing to hear comments regarding use of the Municipal Road
Aid Funds for the coming year and the existing balance. The balance carried
forward was $225,000.00, with anticipated receipts of approximately $46,000.00;
at the end of the year there should be approximately $275,000.00. Mayor Kirby asked if anyone on the commission
had any thoughts on the use of this fund. Mr. McClellan suggested that we look
at Hempsteade. Mr. McClellan made a
motion to use the Municipal Road Aid Funds for the roads. Dr. Lloyd seconded the motion. Motion
carried.
Mayor Kirby asked for
a motion to adjourn the public hearing meeting. Mr. Moore moved to adjourn. Mr.
McClellan seconded the motion. Motion carried.
CALL TO ORDER:
Mayor Don Kirby called the
Regular Business Meeting of the Union City Commission to order at
Present: Mayor Don
Kirby and City Commissioners: Wayne McClellan, Greg T. Lloyd and Warren
Moore. Absent: Gary McCormick. Also
present were Greg D. Voss (City Attorney),
Kathy Porter (City Clerk/Treasurer)
and Barry Burke (City Engineer).
Visitors signing the
attendance list were: Greg Rumpke, Greg Pitzer (Rumpke), Paula Christy (CSI),
Brett Gaspard (Bavarian), Paul
McKibben (Reporter from the Community
Recorder) and Mike Trout.
MINUTES:
Mr. Moore made a
motion to accept the minutes as written. Dr. Lloyd seconded the motion. Motion
carried.
TREASURER'S REPORT:
Mr. McClellan moved
to accept the Treasurer's Report as of May 31, 2005 as presented. Mr. Moore seconded the motion. Motion
carried.
BILLS FOR PAYMENT:
The bills for payment
were reviewed. Mr. Moore made a motion to pay the bills as presented. Dr. Lloyd
seconded the motion. Motion carried.
WASTE COLLECTION BIDS:
Mayor Kirby stated that the sealed bids would be opened which went out a few weeks ago regarding our contract for waste collection. Three (3) bids were received. The totals this year were based on the number of family residences of 3,363 units and 17.67 miles of street. The remainder of the contract read similar to the specs from two years ago. The bid for Rumpke was opened. This will be for a two (2) year contract; the day of waste pickup will be Thursday. The bid was for $9.40 per unit per month, for a total of $38,436.60 to be invoiced to the city of Union on a quarterly basis. Total for the year will be $153,746.40.
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MINUTES – June 13, 2005 – Page 2 of 7
The second two (2) years on the option will be $9.87 per unit per month, for a total of $40,358.43 to be invoiced to the city of Union on a quarterly basis. Total for the year will be $161,433.72.
The bid for CSI was opened. This will be for a two (2) year contract; the day of waste pickup will be Thursday. The bid was for $10.75 per unit per month. The total for the year will be $175,827.00, for the first two years. The second two (2) years on the option will be $11.18 per unit, per month. An alternative pickup day on Friday will be for a cost of $10.75. The second two (2) years on the option will also be $11.18.
The bid for Bavarian was opened. There was no bid listed for a Thursday pickup. An alternative pickup day was listed at a cost of $10.95 per unit, per month. The total for the year will be $179,098. Routes would be divided among several days per week, schedules would be provided prior to contract start date. Bavarian would notify each resident as to his or her pickup date. Mr. Brett Gaspard spoke from Bavarian.
Mr. Moore made a motion to accept the bid from Rumpke for waste collection. Dr. Lloyd seconded the motion. Motion carried.
Mr. Rumpke asked if the city would do an audit of the house count every three (3) months. The mayor and commission agreed to the audit.
CORRESPONDENCE:
Mayor Kirby read a letter dated May 31, 2005, from Kevin Costello, Executive Director, Boone County Planning Commission, regarding Union Board of Adjustment Appointment. City Clerk Kathy Porter spoke with Sharon Bellan concerning her desire to continue to serve on the Board. Ms. Bellan stated that she would be interested in another term if no one else were interested.
Mayor Kirby read RESOLUTION
NO. 2005-006 – A RESOLUTION REAPPOINTING SHARON BELLAN OF THE
CITY OF UNION BOARD OF ADJUSTMENTS. Mr.
McClellan made a motion to reappoint Sharon Bellan to the Union Board of
Adjustment. Dr. Lloyd seconded the motion. Motion carried.
CITY ENGINEER REPORT:
Mr. Burke’s monthly report had been given to Commissioners and he
discussed and improvised on several items:
Item # 1
– Mr. Burke commented on the cost figures for resurfacing Windsor Way and Tudor
Lane, and Whispering Trail. Senator Dick Roeding had asked for some numbers on
the repaving. Mr. Burke stated that we gave Senator Roeding higher numbers for
these two projects than we were able to work out with the county’s Bid Awards.
At present, we are approximately $20,000.00 under the number that was given to
Senator Roeding, with which the city should be pleased.
Item # 2
– Mr. Burke is trying to get everything to come together in terms of a contract
for resurfacing of
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MINUTES – June 13, 2005 – Page 3 of 7
Whispering Trail, where multiple subcontractors may create a problem.
Mr. Burke spoke with Mark Weber of Bluegrass Paving, Inc., the Gunpowder Greens
contractor, who indicated that he would have
equipment in the area if we run into a problem on Whispering Trail. He
would be willing to perform this job also at the County’s FY2004-2005 rates.
Barrett Paving, Inc. was going to do the entire project for a cost of about
$65,000.00. We could save around $8,000.00 if we could get Eaton Asphalt to do
the milling, the County low bidder on this work. Mr. Burke called Eaton Asphalt
several times and they were to schedule the project for mid-June. The
commission had stated that if Eaton did not get on the job right away, i.e. by
the end of June, the project would be awarded to someone else. Without Eaton
Asphalt performing the milling, there is a way to save an additional $5,900.00,
bringing the cost down from $58,000.00 to $50,000.00, by acknowledging that
Bluegrass could do the same thing. Thus,
Bluegrass Paving, Inc. would be contacted for a contract at significant cost
savings ($5,900.00-$13,900.00) for similar work.
Mr. Burke suggested multiple contracts; one for Eaton to do the milling
and one for Barrett to do the paving may also be pursued in the future
regarding quality of the work and availability of contractors. He advised that
Bluegrass was the low bidder on most the County’s Road work for FY2005-2006.
Future contracts would be bid on an individual and availability bases to get
the work done in a reasonable time frame.
Item # 4 – Mr. Burke
referenced the Sanitary Sewerage Plan, submitted under separate cover, which is
ongoing.
Item # 5
– Specifications and signed agreement has been forwarded to Attorney Voss so
that Paul Michels and Sons can perform the work of a blocked channel drainage
problem adjacent to storm sewers at rears of Pickett Run and Merrimac Court.
The cost of this work is estimated to cost about $7,000.00.
Item # 8
– A contract has been signed with Benchmark Excavating to address the drainage
problem along Mt. Zion at Sycamore Drive West on the Nantz property. Three (3)
sections of pipe have been furnished by the KTC.
Items # 9 thru # 13 – Concerning the Wetherington Drive issue, Paul
Michels has indicated that after the job is completed on Hempsteade, they will
start work. Per Mr. Burke, since the cost is under $5,000.00, it is just a
matter of waiting for Paul Michels to begin the project.
Item # 14
– Mr. Burke addressed the roadway/pavement “sink hole” along Whittlesey Drive
off Burleigh Drive. What began as a sinkhole turned out to be two (2) major
areas, plus one (1) additional area of settlement of soil between the sidewalk
and curb. Mr. Burke inspected the area with County Public Works personnel and
discovered that the job performed on the storm sewer leaking joints was not
done correctly initially. Mr. Burke attempted to locate the contractor but this
work was performed three (3) years ago, beyond any warranty period. Boone County Public Works repaired two (2) of
the three (3) problems using “flowable fill.” The third area was filled with
soil. The street will be closely
monitored in the future for more settlements and repairs, if necessary.
Item # 18
– Mr. Burke addressed the options concerning Whispering Trail’s storm water
problem. He stated that he had an
on-site meeting with a contractor to discuss the options. One option would be
to remove the entire concrete structure, which would be at a ridiculous cost
and would create a hydraulic
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MINUTES – June 13, 2005 – Page 4 of 7
problem. Another option would be to clean out the structure and define
the flow lines with concrete paved channels, since it is germane to the storm
sewer system. This would re-establish
the function during low
flow conditions, which would enable the residents to add plantings
adjacent to the paved flumes. This
could be done at a cost of $5,600.00
Mr. McClellan is in favor of proceeding with taking care of the problem
as soon as possible. Mayor Kirby also stated to proceed with the repairs. An
agreement and contract will be forwarded to JPS Construction of Highland
Heights, Ky.
Item # 21
– Mr. Burke reviewed the plans for the Boone County Elementary School on the
Ryle High School Grey Middle School Campus. Bids were awarded for about 14
million dollars to complete the contract. Mayor Kirby questioned the
anticipated opening date for the school, which Mr. Burke was not sure of.
Item # 23
– In reference to street cleaning, Mr. Burke deferred until later on in the
agenda.
Item # 24
– Mr. Burke had the opportunity to meet with Jack Hunt regarding a street
under-drainage problem along Sycamore Drive West. The underdrain was part of
the public improvement for street reconstruction. The solution would be to
replace the deteriorated pipe with perforated pipe so that under drainage can
go into a gravel trench, the cost of repair not to exceed $2,250.00.
Mayor Kirby was in agreement to getting this project done.
Mr. Burke submitted the Sanitary Sewer Plan for discussion. At this
point, Mayor Kirby offered details on the plan for those present. This part of the county and Union in
particular, is out of sewer capacity and there are a number of residents along
Mt. Zion Road who are first priority to be sewered. In addition, there is the
Drees Harmony development as well as commercial development opportunities in
the town center area. The city has been
working with a number of developers and the sanitation district to come up with
a solution. The solution is a package treatment plant, which would allow for
the development of these areas. The plan
that Mr. Burke put together is not just how we hook into the temporary sewer treatment
plant, it is a comprehensive plan on how we sewer this part of the city, up Mt.
Zion Road, cover as much as we can and get our citizens on sewers.
Mayor Kirby also stated that the estimates Mr. Burke put together on
our infrastructure look reasonable. He
is still concerned the most about the fact that the sewer treatment plant has
to be in the City of Union’s name. We had anticipated that the city would get
some capacity for residents and commercial development, at no cost to the city.
That seemed to change at the last meeting. It was revealed that with this 2
million plus plant, the city was being asked to pay for a fourth of it, which
completely shocked those present because it was not anticipated. The city is
trying to reach a solution for this problem. From the Mayor’s perspective, the
developers are putting in a sewer treatment plant for development that is going
to yield them profits. The city will be paying for a sewer treatment plant that
is not going to yield the city profits and the city may or may not receive
payback. Mr. Burke had included in his estimates some type of tap-in fee that
the city could collect, but in the agreement from the sanitation district, they
have a tap-in fee that is being reimbursed to the developers but the City of
Union is not mentioned in that at all.
When it was discussed with the sanitation district, with the developers,
the possibility of adding a tap-in fee so the city could recoup, was not worked
into the agreement that the city received from them.
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Mr. McClellan stated that the city was blind-sided at the meeting; it
was the intent of the city to use the
funds for our infrastructure that is greatly needed. Mr. McClellan was
making reference to the
$200,000.00 Grant Award that was received from the State of Kentucky
for our sewer infrastructure that was anticipated being used for the sewer
lines down Mt. Zion Road.
Mayor Kirby’s concern was having to pay over half a million dollars for
the commercial development that is going to come in. Perhaps the city can work
a way to resale our capacity. If we have
125,000 gallons and a developer comes in (after the residents have been
sewered) that wants some capacity, if we can then resell them that capacity
that we have paid for, the city would recoup our cost. Developers want to come
here and it can be done if the city is legally allowed to do so. It is
something that needs to be pursued, but at this point, the mayor does not want
to hand over $500,000.00 plus for the treatment plant when the developers have
the most to gain from it.
Mr. Voss stated that Mr. Burke and he should sit down with Drees,
Arlinghaus, Sanitation District #1, and discuss the city’s concerns in a
smaller group.
Mayor Kirby complimented Mr. Burke on the Sanitary Sewer Plan report
that he compiled.
PLANNING & ZONING:
Mr. Randy Barlow, Planning & Zoning
Representative, expressed his personal concerns about the sewer situation. He
stated that SD#1 has a consistent pattern of expressing that they do not have
the capacity, yet if it really is available, the city needs to find out where
it came from and why the city cannot get that capacity. Mr. Barlow’s concerns
about the zone change for the Wright property was addressed. At this point,
Mayor Kirby stated that no promises were ever made to Dr. Wright as to if he is
annexed, there would be a zone change. The city’s stand was that there were a
few residents in Cool Springs who were upset about this development but that
would not influence the city because they are not residents of Union. Mr.
Barlow stated that problems have always existed at the corner site of the
proposed development.
OLD BUSINESS:
Mr. Moore made a motion to table Ordinance
No. 2005-005 until the July business meeting. Mr. McClellan seconded
the motion. Motion carried.
Attorney Voss stated that he has spoken with
the attorney for the Wrights and has asked that the city pass the second
reading on the annexation. With the
advice of Attorney Voss, Mayor Kirby stated that the city ought to table
it. Mr. Moore made a motion to table Ordinance
No. 2005-005 until the July business meeting. Mr. McClellan seconded
the motion. Motion carried.
Dr. Lloyd informed the commission that
residents were present to discuss the Union Village Pond issue. Mayor Kirby
advised those present to introduce themselves and state their reason for
attending the meeting. Larry Webster, 1701 Sherman Court, stated that he
purchased his home from his parents. He is concerned about the ownership and
maintenance of retention pond. He stated that the developer was able to slide
from his/their responsibility, and did have a contract for maintenance in
conjunction with Kroger. As an update, Mr. Burke explained what efforts have
been made to solve those problems.
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MINUTES – June 13, 2005 – Page 6 of 7
Tammy Rankin, 1687 Pickett Run, built her
home eight (8) years ago and has had drainage problems from the beginning.
Attorney Voss explained the county regulations which were in place at that time
and that the silt that is present is due to the surrounding developments. The
bottom line is that the residents own the property and have the obligation for
maintenance. The city has tried to help
the citizens and is willing to put some funds toward the project and will work
toward that. Attorney Voss will do all he can to help the citizens.
Teresa Kreft, a two (2) year resident,
questioned why those responsible for the silt were not held accountable.
Attorney Voss stated that recourse would be a lawsuit by the homeowners. Mayor
Kirby restated that what has stalled this project has been the inability to
find a disposal site. He also stated
that we will make sure that this project keeps moving, by finding a disposal
site, coming up with a cost, and trying to get the parties to agree on the
amounts needed. Another meeting should
be held to evaluate solutions regarding this issue.
NEW BUSINESS:
First reading of ORDINANCE NO. 2005-006
– AN ORDINANCE AMENDING THE CITY OF UNION, KENTUCKY ANNUAL BUDGET FOR THE
FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005 BY ESTIMATING REVENUES AND
RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT. Mr. Moore made a motion to approve the ordinance
and Dr. Lloyd seconded the motion. Motion carried.
First reading of ORDINANCE NO. 2005-007
– AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2005
THROUGH JUNE 30, 2006, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING
FUNDS FOR THE OPERATION OF CITY GOVERNMENT FOR THE CITY OF UNION, KENTUCKY.
Mr. Moore made a motion to approve the ordinance and Mr. McClellan seconded the
motion. Motion carried.
RESOLUTION NO.
2005-007 – A RESOLUTION PERMITTING THE CITY OF UNION, KENTUCKY TO
USE BOONE COUNTY’S COMPETITIVE BIDDING SCHEDULE ON ROADWAY AND INFRASTRUCTURE
CONSTRUCTION. An oral resolution was
passed at the May 9 Regular Business Meeting.
Discussion of Bond Issue: Attorney Voss proposed to put the money into
CD’s so that any one person could not have access to it, or that it be placed
in a restricted account. The city clerk will check into the different options.
Discussion of Street Closing: Attorney Voss requested guidance on how to
proceed with the Maple Street closing. The Commission asked Attorney Voss to
confirm whether or not Mr. Muldoon is going to sign the Consent to Close the
street. If Mr. Muldoon’s decision is not to sign the Consent, the Commission
gave Attorney Voss permission to move forward in the court system.
Discussion on how to proceed regarding the
abandoned house at 10015 Old Union Road, owner Thomas J. Volpenhein. Mr. McClellan stated to condemn and Mr. Moore
agreed to proceed with the process of trying to get the structure demolished.
Attorney Voss will research the process of what can be done.
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MINUTES – June 13, 2005 – Page 7 of 7
First reading of ORDINANCE NO. 2005-008
– AN ORDINANCE ACCEPTING THE BID OF RUMPKE OF KENTUCKY, INC. AS THE LOWEST,
BEST AND MOST RESPONSIBLE BID FOR THE EXCLUSIVE RIGHT, PRIVILEGE, AND FRANCHISE
OF ENTERING IN AND UPON THE STREETS AND PUBLIC WAYS OF THE CITY OF UNION,
KENTUCKY, FOR COLLECTING AND HAULING AWAY FROM BUSINESSES, HOMES, DWELLINGS AND
OTHER PLACES WHERE NECESSARY GARBAGE, TRASH AND REFUSE, AND GRANTING AN
EXCLUSIVE FRANCHISE FOR SUCH PURPOSES, SUCH FRANCHISE HAVING BEEN ADVERTISED
FOR BIDS, PROVIDING THAT SUCH BID, TOGETHER WITH THIS ORDINANCE AND THE TERMS
AND PROVISIONS OF THE ADVERTISEMENT FOR BIDS SHALL CONSTITUTE THE FRANCHISE,
AGREEMENT AND CONTRACT AND PROVIDING FOR A PENALTY FOR VIOLATIONS OF THE
EXCLUSIVE GARBAGE FRANCHISE GRANTED BY THE CITY. Mr. Moore made a motion to approve the
ordinance and seconded by Mr. McClellan.
Motion carried.
ADJOURNMENT:
No further business
came before the Commission. Mr. McClellan moved to adjourn the meeting at 9:50
p.m. Mr. Moore seconded the motion. Motion carried.
Signed this 11th
day of July 2005.
APPROVED: ATTEST:
_____________________ _______________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer