CITY OF UNION, KENTUCKY

Regular Business Meeting

MINUTES

Monday, August 8, 2005

CALL TO ORDER:

Mayor Don Kirby called the Regular Business Meeting of the Union City Commission to order at 7:30 p.m., Monday, August 8, 2005.

Present: Mayor Don Kirby and City Commissioners: Wayne McClellan, Greg T. Lloyd, Warren Moore and Gary McCormick. Also present were Greg D. Voss (City Attorney), Kathy Porter (City Clerk/Treasurer) and Barry J. Burke P.E. (City Engineer).

Visitors filled the attendance room as well as the lobby.

MINUTES:

Dr. Lloyd made a motion to accept the minutes as written. Mr. Moore seconded the motion. Motion carried.

TREASURER'S REPORT:

Mr. McClellan moved to accept the Treasurer's Report as of July 31, 2005 as presented. Dr. Lloyd 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 the following correspondence received:

A letter dated July 15, 2005, from Larry and Sharon Warner, 4518 Hathaway Road, in support of the U.S. 42/Frogtown Road development.

A letter from Brian Cox, 12996 Pavilion Court, Cool Springs, in opposition to the U.S. 42/Frogtown development.

An email from Marquetta Gunderson, Triple Crown subdivision, in opposition to the U.S. 42/Frogtown development.

An email from Gary L. Reed, Cedarwood Drive, in reference to adopting an ordinance to prohibit neighbors from blocking other homeowners’ mailboxes. Attorney Voss stated that we need to fine-tune our parking ordinance to address this issue.

A letter from Tim Grote, Litigation Manager, Collins & Company, on behalf of the Kentucky League of Cities in regard to the lawsuit of The Wessels Company v. Sanitation District #1. They do not have a claim against us.

Mayor Kirby read and presented to the Rice family a Proclamation honoring lifetime resident Kim Jerome

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Rice (Kimmy) who was killed in a traffic accident in June. Mr. Rice’s brother (James Rice) and sister (Denice Rader) also spoke during the meeting. Denice Rader asked for the city’s support in getting the speed limit lowered on U.S. 42 through Union. She inquired about whether she needed to present a petition to the state to get the speed limit lowered. Attorney Voss advised that a petition never hurts. Mayor Kirby advised that our City Engineer will forward a request to the KTC regarding the speed limit.

CITY ENGINEER REPORT:

Mr. Burke’s monthly report had been given to Commissioners and he discussed and improvised on several items:

Items # 1 and # 2 – Mr. Burke stated that we have been looking forward to the resurfacing of Gunpowder Greens and Whispering Trail. He spoke to the contractor the week prior and was promised that work would be performed within the next two (2) weeks. Mr. Burke is hoping that nothing else happens to delay this work, since the weather (heat) has caused some problems with resurfacing contractors.

Item # 3 – Mr. Burke placed a call to the Sanitation District’s attorney relative to the partnering for waste water treatment plant agreement. He has not yet seen a copy of this agreement, as amended, between The Drees Company, Arlinghaus Builders, Sanitation District # 1 and the City of Union.

Items # 4 and # 5 are linked with Item # 3 in terms of the Grant Assistance Funding for Public Sewers, which Mr. Burke is reviewing per the Union Sanitary Sewer Plan. As soon as it is acceptable, the city can pursue the $200,000 grant award available that has been earmarked by the KIA in the State of Kentucky for extending public sewers to about 30 unsewered residences.

Mr. Burke was also made aware of by the NKADD under the GOLD/CEGG program that there are additional grant monies available to extend public sewers to the remaining 49 unsewered residences. Again, that depends on the agreement with the two developers and the sanitation district regarding sewerage capacity before that can be consummated. However, there is definite possibility, subject to state competition for this grant to provide the remaining sewers at no cost to the residences and at little cost to the city.

Item # 7 – Mr. Burke will discuss this topic at the end of his report in terms of the Union Village Pond/Retention Basin bid opening.

Item # 9 – In reference to the drainage problem along Mt. Zion Road on the Nantz property, Benchmark Excavating was awarded the contract and has completed that work. They have reseeded and are waiting for the seeds to germinate. The storm sewer along that West side of the property has been installed, completed and is working. The storm water crossing the state highway was unusual and continues to work with the KTC to solve that problem.

Item # 12 – The Wetherington Drive street pavement settlement problem has been completed. There were five (5) separate areas that were worked on.

Item # 16 – Mr. Burke addressed the open drainage structure problem on Whispering Trail (1834 and 1839). This is linked with the resurfacing project identified in Item # 2. The contractor has indicated that

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he was going to do that work (i.e., cutting the concrete pavement as well as extracting silt and paving the channel) at the same time as the resurfacing. However, due to hot weather, the contractor was unable to do that. The contractor was again contacted. Mr. Burke is looking for this to be accomplished as soon as possible.

Item # 23 – Mr. Burke identified the Hempsteade resurfacing proposals for this administrative year. He does not have the cost yet, but Paul Michels & Sons has indicated they have an interest in this project. Mr. Burke hopes to get the cost for this work, also to be done during this year.

Item # 24 – Mr. Burke made reference to a FOPPE Memorandum dated July 19 relative to the FY2005-2006 budget regarding the City Engineer. The amount budgeted will be insufficient based upon the FY2004-2005 work load combined with the fees required for Land Surveying and Design Engineering for the public sanitary sewers as part of the agreement for the temporary treatment plant. We should get some authorization to begin the design for the public sanitary sewer infrastructure relative to the grant agreement. Mr. Burke and FOPPE will advise the city through invoices when any phases of the work required near the budget figures as allocated.

Item # 28 – Mr. Burke met with Mr. Scroggins, a Union Village (Richmond Road) resident, who has a unique situation. After meeting with County Inspector Daryl Davis, we have a completed storm sewer system that was inspected by the county. Subsequent to that time there was another pipe extended to the lower Savannah Lake. It was not dedicated public use. It is a private pipe and it is without a headwall. There is some erosion taking place. Mr. Burke advised that the city is unable to do anything regarding repairs relative to an undedicated private pipe that was extended by others without inspection or dedication.

Item # 29 – Mr. Burke stated that this relates to Mr. McClellan’s input later on the agenda for street striping in Union Village, and stop bars and the three (3) speed humps in Hempsteade as well.

Item # 7 – As mentioned earlier in the minutes, the last issue Mr. Burke addressed was relative to the Union Village Pond Remediation. We had a bid opening on August 3, with three (3) bidders submitting bids. The low contractor was Rector Excavating, Inc. at $79,000. The second lowest bidder was ENC Services at $102,300; the highest bidder was Pipelayers, Inc. at $103,326. Mr. Burke stated that Attorney Voss would be able to comment on where we go from here from a legal standpoint.

At this point, Attorney Voss stated that this would not be a contract between the city and the contractor; it would be between the private citizens and the contractor. Kevin Costello, Barry Burke and Attorney Voss have tried to spearhead getting some partners involved in this. At this point, we need to figure out the bid, what questions they would have, who they would like to use, and then schedule a meeting with all the partners to get this situation going. A determination would then have to be made as to how much contribution the city would want to make towards this. We would prepare the engineering and do the legal work, but we would not be a party to the contract. The citizens must decide whom they would like to use.

Mayor Kirby asked Mr. Burke if he has familiarity with the lowest bidder. Mr. Burke stated that he does not, but that the bidder gave references. He also stated that there are entities he can contact to get their experience but as far as the other documents, they did submit everything that was required. Mr. Burke talked with the President of the company and he appeared to be very upfront and honest with his information. Mr. Burke believes he will be a reliable contractor.

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It was suggested that a meeting take place with the primary partners including the homeowners, Mr. Costello, Attorney Voss and Mr. Burke in order to resolve the remaining issues before the contractor selected can begin the required work.

PLANNING AND ZONING:

Mr. Randy Barlow, Planning and Zoning Representative, spoke in reference to the sewer project and the recommended plan for Florence/Boone County Federal “201 Study”. He stated that at the committee meeting relating to the Racon Development, the committee received a copy of a letter dated August 1, 2005, from Bob Townsend, City of Florence Public Services Department Director, directed to Jim Shumate, CDS Engineers, for the Racon Development within the City of Union. Mr. Barlow asked the commission if they were aware that Racon Development would be sewered by the City of Florence. Mayor Kirby stated that we had not gotten that far, yet. Mr. Barlow read the portion of the letter that stated “this development area falls within the City’s (Florence) Federal “201 Study Area” and is therefore permitted to gain access to the City of Florence’s sanitary sewer collection system even though being located within the City of Union”. Mr. Barlow offered to leave a map of the area that will be covered and stated that Union was in the center of the map. Mr. Barlow suggested using this information about the “201 Study” as an option to expand and/or accelerate some development in our area.

OLD BUSINESS:

Second reading of ORDINANCE NO. 2005-005 – AN ORDINANCE ANNEXING INCORPORATED TERRITORY OF THE CITY OF UNION, KENTUCKY, CERTAIN UNINCORPORATED TERRITORY ADJACENT TO THE PRESENT BOUNDARIES OF THE CITY OF UNION.

Mayor Kirby asked Attorney Voss to review the process on how this annexation would work. Attorney Voss stated that the purpose of reading the annexation ordinance is only to bring the property into the City of Union. We would not address nor would it be appropriate to deal with zoning at that time. Once the property comes into the city, we would use the same planning and zoning that the county does and the process would be that whatever plan was submitted would “die on the vine” as of August 15, and Dr. Wright would need to file an amended plan and go through the process there. Attorney Voss stated that at this time, the zoning issue is not before us.

Mayor Kirby stated that if that does become the case, the adjacent property owners must be notified, and postings must be made as to the time and place of a public hearing to address that situation.

At this point, Mayor Kirby read ORDINANCE NO. 2005-005. Mr. Moore made a motion to approve the ordinance. Mr. McClellan seconded the motion. Motion carried.

Dr. Wright stated that the ditch on his property that is a swamp will be cleaned out and the pond will be put back in for a nicer appearance. A driveway will also be repaired.

NEW BUSINESS:

Tabled until September 12^th meeting. ORDINANCE NO. 2005-009 – AN ORDINANCE OF THE CITY OF UNION, KENTUCKY IN REGARD TO THE OPERATION OF ALL TERRAIN VEHICLES. Attorney Voss would need to make modifications to this ordinance. Mr.

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McClellan made a motion to table this ordinance until the September 12^th business meeting. Mr. Moore seconded the motion. Motion carried.

First reading of ORDINANCE NO. 2005-010 – AN ORDINANCE REGULATING THE TIMES FOR PLACEMENT AND REMOVAL OF WASTE RECEPTACLES FROM THE STREETS OF UNION, KENTUCKY. It was agreed to change the footage from 75 to 50 feet. Dr. Lloyd asked how the ordinance would be enforced. Mayor Kirby stated that the City Clerk could write a letter to the violators. Attorney Voss stated that the city is getting to the point where we need to look at hiring a City Manager or a full time Public Works employee to handle these kinds of situations. Dr. Lloyd made a motion to approve the ordinance. Mr. Moore seconded the motion. Motion carried.

Mayor Kirby read RESOLUTION NO. 2005-009 – A RESOLUTION OF THE CITY OF UNION, KENTUCKY TO CLARIFY WHICH BOONE COUNTY DEPARTMENT IS AUTHORIZED TO ACT ON BEHALF OF THE CITY OF UNION REGARDING UNSAFE STRUCTURES. Mr. Moore made a motion to pass the resolution. Mr. McCormick seconded the motion. Motion carried.

Relating to the agenda and Item # 29 in the City Engineer’s Report, Mr. McClellan discussed street striping in Union Village and speed humps in Hempsteade and center striping at the bridge in Gunpowder Greens. The striping has been fading, causing a safety issue. There were four (4) bids submitted – Tru-Line Striping, LLC; TNT Line Striping; A & A Safety, Inc., and Kneisel Contracting Corporation. The bids ranged from the lowest bid of $1,244.25 to the highest bid of $3,680.00. Mr. McClellan recommended Kneisel Contracting Corporation for the street striping project. Mr. Moore made a motion to accept the lowest and best bid from Kneisel Contracting Corporation. Dr. Lloyd seconded the motion. Motion carried.

ADJOURNMENT:

No further business came before the Commission. Mr. Moore moved to adjourn the meeting at 9:00 p.m. Mr. McCormick seconded the motion. Motion carried.

Signed this 12^th day of September 2005.

APPROVED: ATTEST:

_____________________ _________________________________

Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer