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 Tom Miller representing Greg D. Voss (City Attorney), Kathy Porter (City
Clerk/Treasurer) and Barry Burke (City
Engineer).
Visitors signing the
attendance list were: Joe Jones, Charlotte Woodward, Jeff Wallace, Larry
Webster, Sherman Collins, Mike Trout, Karen & Steve Rymers, Barry &
Sandy Schuster, Gregory Cheeks, Sean & Rani Peffer, and Jim & Judy
Adams.
MINUTES:
Mr. McClellan made a
motion to accept the minutes as written. Mr. Moore seconded the motion. Motion
carried.
TREASURER'S REPORT:
Dr. Lloyd moved to
accept the Treasurer's Report as of June 30, 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.
CORRESPONDENCE:
Mayor Kirby read an email from Roberto Henriquez, President of Center
Stage Players, Inc. that is a community theatre that has been operating in
Mayor Kirby
acknowledged those in attendance and stated that he would proceed to address
the issues those in the audience had come to discuss, which
was Dr. Wright’s property, on the corner of U.S. 42 and
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At this point, Mayor Kirby read a statement pertaining to the Wright property. This was done in hopes that the points he made would clear up some misconceptions; he wanted to make sure that we all are on the same playing field, so that others would understand where we are coming from, our motives, and make sure that we are not being calculating, or have intentions of hurting anyone. After reading the statement, Mayor Kirby asked if the commission had anything to add, which they did not.
Mayor Kirby asked who
in the audience would like to speak, at which time they would be given one (1)
minute to make their statements. The first to speak was Jeff Wallace, who lives
on
Dr. Lloyd commented
that the commission would like to see
Mr. Wallace stated that he has no problem with the annexation; he has a problem with the zoning.
Mr. Moore stated that
in previous years, he had been asked numerous times the advantages of being in
the City of
Dr. Lloyd interjected that the Planning Commission decision was made solely on the facts and had nothing to do with the public input.
Mayor Kirby reinforced the fact that if the Planning Commission had been wholehearted behind this issue, there would not be an issue here. Some may not like it, but if they voted for it, we would back them on it. Mr. Wallace asked is it a technicality since Planning has voted against the rezoning; Mayor Kirby stated that he has serious concerns about overturning Planning. We did not see the final plan in front of the commission – we saw some of the preliminary and liked what was seen. At that point, we did not know what a lot of the concerns with Planning would be on that. We rely on them because they are our agent.
Mr. McClellan stressed
the fact that when the Union Town Plan was done, he was an originator, along
with twenty (20) other residents of the city.
We govern the City of
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look
at what Dr. Wright has and the city will decide. Right now, we have not had any
input because it is not in the City of
Shawn Peffer, from
Barry Schuster
expressed his reservations about the Wright project. He had suggested in an
email to the Mayor that it did not seem to him that this particular development
was in concert with the Union Town Plan, that in regard to density, the plan is
not in agreement. He stated that the plans for 38 duplexes tend to reduce the
property value of every family landowner, not only in the City of
Dr. Wright spoke in
reference to the type of structures that would be going up on his property,
such as the $350,000 patio homes, as well as the 64 homes, with 1486-1890
square feet, with a cost of roughly $190,000-$210,000. As far a utilization of
ground, this development will be only one of a few in
At this point, guest Sherri Collins asked Dr. Wright about his ownership of property in Richwood, and why he does not develop that property. Dr. Wright stated that the location was too far out. Ms. Collins is against duplexes in her backyard. Mr. McClellan explained to her that where her development now is was once a beautiful horse farm and residents said at that time that that development would ruin the neighborhood; now this neighborhood is complaining about Dr. Wright’s development ruining the neighborhood. Ms. Collins stated that she has nothing personal against Dr. Wright or his development; she just does not want duplexes in her neighborhood.
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 addressed the resurfacing in Gunpowder Greens Subdivision. There is
a contract with Bluegrass Paving but construction is pending.
Item # 2
– Mr. Burke stated that Barrett Paving Materials has a contract for resurfacing
of Whispering Trail. The problem with Eaton Asphalt not wanting to do the
milling has moved us in the direction where we can see a savings for the
repaving by the same contractor that is going to do Gunpowder Greens.
Item # 8
– Mr. Burke stated that the Nantz property sanitary sewer project is complete.
Heavy rains have caused the property to be reseeded a couple of times. At this
point he feels comfortable that the work is all done, but recommended when
invoiced paying Benchmark Excavating 90%, and hold 10%
back, in the event the seed does not germinate, thus a need to have Benchmark
return for reseeding.
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Items # 9
– Mr. Burke stated that the Storm Sewer Inlet catch basin along
completed. He recommended 100% payment when invoiced to
JPS Construction.
Item # 12
– The trench drain issue has been completed at the intersection of
Item # 15
– Mr. Burke addressed the Whispering Trail open drainage structure problem. JPS
Construction was approved to do the work not to exceed $5,600.00 for putting
some low flow 2-3 foot wide concrete channels in. Specifications were forwarded
to the contractor for acceptance. The agreement was faxed to the city attorney
for a contract. Upon completion of the
contract, the work will begin.
Item # 17
– Mr. Burke has been in contact with Jack Hunt concerning the street
under-drainage problem along
Item # 19
– Mr. Burke reviewed the Concept Development Plan for the Racon Development.
The public hearing is upcoming for the 78
condominiums. Mr. Burke forwarded his comments to the Planning Commission for
that public hearing.
Item # 21
– Mr. Burke addressed the issue of replacement fencing for Lassing Green. He
has spoken with Thomas Jones’ representative, who indicated that Tom Schreiber
would obtain estimates from Mills Fencing to replace
the approximately 250 feet of fence that was taken out as the result of the
widening of U.S. 42. Mr. Burke has
reviewed the letters and it has been indicated that the work would be done
shortly to restore it to the way it was.
Item # 26
– In reference to the complaints from
Item # 27
– Mr. Burke addressed the issue of an inventory of certain streets within
Hempsteade Subdivision, as requested by the Homeowners Association. From a conservative approach, it appears that
we are ready to get some cost estimates for that portion of Hempsteade, from
Item # 4 – Union Sewage Plant Agreement. Mrrs. McClellan, Voss
and Burke met with developers and Sanitation District #1 staff and presented an
update on sanitary sewerage plans. Mayor
Kirby stated that we should not delay the plan anymore – that we need to get
things rolling.
Item # 6
–
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enable
the hauler who ever that turned out to be, to utilize his commercial property
alongside the west side of U.S. 42 and north of
was to pursue negotiations with Mr. Grammas on the site, get something
from him confirming that; also, we should consider having a meeting with the
residents at the city building to go over the plan of action, to discuss the depth
of detail identified in Mr. Burke’s General Conditions and Specifications that
could be authorized for advertising for bids at tonight’s meeting. Mr. Burke
stated that the burden of cost at this point is going to be among the partners
of the group and we have not really decided how much, if any, the property
owners are going to give. It may figure out to be approximately $540.00 per
resident; that is a way to accumulate the total amount, which will not be known
until we advertise for bids. As far as the time frame we are working in, with
the ideal time to do this kind of work being the hot season, if we are able to
advertise, have a meeting with the residents, with a commitment from the
partners, and awarding a contract, it would conceivably be the middle of August
and hopefully this year.
Mayor Kirby made the statement that if the City of Union is going to be
paying the tax dollars of all the citizens of the city, the residents who live
around the pond should be willing to put something forth as well. Our goal is
to try to keep this moving, although it is a legal matter between the
residents, the builders and the other partners.
The city is just trying to help with getting this situation back to a
normal state.
Mayor Kirby asked for a motion to advertise for bids for the Union
Village Pond Remediation. Mr. Moore made
the motion. Dr. Lloyd seconded the motion. Motion carried.
PLANNING AND ZONING:
Mr. Randy Barlow was not present; therefore, nothing was reported.
OLD BUSINESS:
Mr. Moore made a motion to table the second reading of Ordinance
No. 2005-005 until the August business meeting. Dr. Lloyd seconded the
motion. Motion carried.
Second reading of ORDINANCE NO. 2005-006
– AN ORDINANCE AMENDING THE CITY OF UNION, KENTUCKY ANNUAL BUDGET FO THE FISCAL
YEAR JULY 1, 2004 THROUGH JUNE 30, 2005 BY ESTIMATING REVENUES AND RESOURCES
AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT. Dr. Lloyd made a motion to amend the budget
for fiscal year
Second 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 adopt the annual
budget for fiscal year
Second reading of ORDINANCE NO. 2005-008 – AN ORDINANCE ACCEPTING THE BID OF RUMPKE OF KENTUCKY, INC. AS THE
LOWEST, BEST AND MOST RESPONSIBLE BID
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FOR THE EXCLUSIVE RIGHT, PRIVILEGE, AND FRANCHISE OF ENTERING IN AND UPON
THE STREETS AND
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. McClellan
made a motion to approve the ordinance and Dr. Lloyd seconded the motion. Motion
carried.
NEW BUSINESS:
Mayor Kirby read RESOLUTION NO. 2005-008 – A
RESOLUTION OF THE CITY OF UNION, KENTUCKY DESIGNATING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT AND REQUIRING
THE USE OF THE INCIDENT COMMAND SYSTEM IN UNION, KENTUCKY. Mr. Moore made a motion to adopt the
resolution. Mr. McClellan seconded the motion. Motion carried.
The recognition of Eagle Scouts Kevin Yates and Robert Feather did not
take place due to the fact that they did not attend the meeting.
Dr. Lloyd addressed an issue pertaining to being unable to locate an
ordinance to limit the number of trash receptacles being set out 24 hours
before or after scheduled pickup. People
are placing receptacles out four or five days in advance and the trash gets
knocked over, blown around, etc. He would like an ordinance to address this
issue. Mr. Moore stated that the existing nuisance ordinance could be modified
to include this issue. Mayor Kirby suggested that Dr. Lloyd present this at the
August business meeting.
Dr. Lloyd’s other concern was a problem with motorcycles and
all-terrain vehicles being used on residential property in subdivisions, with
racing in the backyards. He stated that he has called the Sheriff’s department
to enforce ordinances and wanted to know what can be done when there is no
resolution. Mayor Kirby suggested to keep calling the
Sheriff’s department, fax them the ordinance being violated and perhaps meet
with them to review the ordinances.
The Mayor, City Commissioners and City Clerk decided on the design for
the temporary signs for the City of
City Clerk Kathy Porter spoke on behalf of Eddie Johnson, Cemetery
Sexton, who was unable to attend the meeting. Mr. Johnson is seeking approval
for permanent corner markers for the new section of the cemetery that was
recently surveyed. The cost will be less than $1,000.00; the markers will be
4-5 inches in diameter. Approval was given to proceed.
Mayor Kirby stated that this month is City
Clerk Kathy Porter’s ten (10) year anniversary with the city and that he had
submitted her name for Northern Kentucky Outstanding Clerk of the Year, of
which she
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is one of the three finalists.
ADJOURNMENT:
No further business came before the
Commission. Mr. Moore moved to adjourn the meeting at
Signed
this 8th day of August 2005.
APPROVED: ATTEST:
_____________________ _______________________________
Don
Kirby, Mayor Kathy Porter, City Clerk/Treasurer