Regular Business Meeting
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 and Greg T. Lloyd. Also present were Greg D. Voss (City Attorney), Kathy Porter (City Clerk/Treasurer) and Barry J. Burke
P.E. (City Engineer)
Absent were Commissioners Gary McCormick and
Warren Moore.
Visitors in attendance were John Schoener,
David Hall, Brenna Kelly (Kentucky Enquirer), B. Hensley, Jim Fallon,
Randall Become, Matthew Franks, Casel Burnett, Larry Webster, Mike Trout and
Paul McKibben (Reporter, The Community Recorder).
MINUTES:
Mr. McClellan made a motion to accept the
minutes as written. Dr. Lloyd seconded the motion. Motion carried.
TREASURER'S REPORT:
Dr. Lloyd moved to accept the Treasurer's
Report as of September 12, 2005 as presented. Mr. McClellan seconded the
motion. Motion carried.
BILLS FOR PAYMENT:
The bills for payment were reviewed. Mr.
McClellan made a motion to pay the bills as presented. Dr. Lloyd seconded the
motion. Motion carried.
CORRESPONDENCE:
Mayor Kirby read a letter dated September 14, 2005
from ORP Real Estate Group, which is the agent for Hempsteade Homeowner’s
Association, in reference to the lower lake overflow in front of Hempsteade
subdivision being in need of repair. Mr.
McClellan responded that this is their lake; they had been asked at one time if
they wanted to bring the lake into the city limits, which they did not. Mayor
Kirby stated that from his perspective, it is a private lake, owned by the
homeowner’s association, and the issue seems to be who is responsible for the
repair. It is a maintenance issue. Mayor
Kirby stated that Attorney Voss would be asked to construct a letter to respond
the Ms. Godfrey’s correspondence.
Warren Moore arrived for the second reading of
Ordinance No. 2005-012.
At this point, Mayor Kirby gave second reading of
Ordinance No. 2005-012, at which time Attorney Voss asked Mr. McClellan to
leave the room. Mayor Kirby read ORDINANCE NO. 2005-012 – AN
ORDINANCE FOR A ZONING MAP AMENDMENT FROM RURAL SUBURBAN ESTATES/UNION TOWN
OVERLAY (RSE/UTO) TO SUBURBAN RESIDENTIAL TWO/UNION TOWN OVERLAY (SR-2/UTO) FOR
15.02 ACRES AND FROM UNION NEIGHBORHOOD OFFICE (UNO) TO SUBURBAN RESIDENTIAL
TWO/UNION TOWN OVERAY (FR-2/UTO) FOR 3.85 ACRES, BOTH FOR A TOTAL OF 18.87
ACRES LOCATED AT 9209 OLD UNION ROAD, AND A VACANT PARCEL IMMEDIATELY TO THE NORTH
OF 9209 OLD UNION ROAD AND ACROSS OLD UNION ROAD FROM THE BOULEVARD, UNION,
KY. Mr. Moore made a motion to
approve the ordinance. Dr. Lloyd seconded the motion. Motion carried.
Mayor Kirby explained that Mr. Moore had agreed to
come to the business meeting to have a quorum to vote on the 2005-012
Ordinance. At this point, Mr. McClellan was asked to return to the meeting and
Mr. Moore left the
MINUTES – October 10,
2005 – Page 2 of 4
meeting because he was ill.
CITY ENGINEER REPORT:
Mr. Burke’s monthly report had been given to Commissioners and he
discussed and improvised on several items:
Item # 1 and 2 – Mr. Burke stated that the
repaving of Whispering Trail and Gunpowder Greens had already been addressed,
but did mention the request of KTC Department of Intergovernmental Programs for
more money. They have indicated that
perhaps approximately $37,000.00 would come back to the City of Union that
would help with the repaving programs.
Item # 4 and 5 – Mr. Burke stated that the $200,000.00 KIA Grant has been approved.
He received an email clarifying the administrative fee equal to ½ of 1% of the
principal amount of the Grant. The Administrative Fee shall be due and payable
on the date of the Grantee’s initial Request for Payment and Project Status
Report is submitted to the Authority.
Mr. Burke also commented on the $678,693.00 CEGG matching grant. The
preliminary application has been approved and Mr. Burke will send the final
documents back to them prior to their deadline of November 29.
Item # 8 and 9 – JPS Construction has completed the work on Indian Hill Drive. The
storm sewer inlet along Double Eagle Drive has been completed and recommended
for payment.
Item # 11
– Mr. Burke stated that a contract has been forwarded to Paul Michels and Sons
for signature for curb repairs/resurfacing along Hempsteade, Burleigh and
Bayswater. The milling operation would begin the next day and would be
coordinated with the highway department to control traffic.
Item # 14
– Mr. Burke addressed the open drainage structure problem at 1834 (Landrum) and
1839 (Campbell) Whispering Trail. JPS Construction was awarded the contract for
the low flow channels. Residents have stated that the work was an improvement
but less than ideal. Mr. Burke stated
that any other work to be done would be at the owners’ expense in terms of
landscaping, vegetation, etc. Mr. Burke recommended that $100.00 be held back
from the $5,600.00 that is on the bills for payment tonight until the final
seeding has been applied.
Item # 15
– Mr. Burke stated that the fence fronting the rear lots of Lassing Green has
been painted white and blends well with the existing fencing.
Item # 16
– Mr. Burke addressed the issue of the Encroachment Permit from Arlinghaus
Builders, which had previously been denied. At issue is where the pipes would
be placed, which would be parallel to and outside of the public right-of-way.
An approval is conditioned upon placing four (4) inch diameter pipe at the
easement line 19.5 feet back of the curb.
Item # 21
– Mr. Burke stated that letters had been sent out to three (3) residents on
Abbington Drive who were having storm water runoff safety problems. The
residents acknowledged that it would be in their best interest to tap into a
pre-existing 4-inch connector pipe between the street and sidewalk. Ryland Homes has come forward to perform the work that would solve the
runoff problem.
Item # 23
– Mr. Burke spoke in reference to the KTC Traffic Division doing a study and
evaluate the feasibility of posting stop signs along Mt. Zion Road at
Hempsteade Drive. Mayor Kirby stated that their response was negative – their
study concluded that there was no need for the additional signs on Mt. Zion
Road.
Item # 24
– Mr. Burke stated that the asphalt surface pavement slippages along Mt. Zion
Road westbound have been repaired.
Regular Business Meeting
of Union City Commission
MINUTES – October 10,
2005 – Page 3 of 4
Item # 25
– Mr. Burke stated that Attorney Voss would legally respond to this issue in
reference to the Hempsteade
Homeowners Association.
Item # 27
– Mr. Burke stated that this category was listed FYI in reference to the costs
of the Union Sanitary Sewer Plan.
Mayor Kirby stated for the commission, and for the public record, that
the commission and he appreciated the important work that Mr. Burke has done,
especially in securing grants for the city. With the plans and applications
that Mr. Burke has submitted, we are starting to get more monies into the city
than we ever have and that really helps us to get some of the state and federal
monies to help us with infrastructure.
PLANNING AND ZONING:
Mr. Randy Barlow, Planning and Zoning Representative, was not present.
OLD BUSINESS:
Second reading of ORDINANCE NO.
2005-009 – AN ORDINANCE OF THE CITY
OF UNION, KENTUCKY IN REGARD TO THE OPERATION OF ALL TERRAIN VEHICLES, DIRT
BIKE/MOTOCROSS AND MOTORCYCLES. After some discussion from the audience, Mayor Kirby
made a recommendation to table the ordinance until next month; in the meantime,
get some input from those in the audience who questioned the ordinance. Mayor
Kirby stated that the intent of the ordinance was not to take these vehicles
away from law-abiding citizens but to get the noise issue under control. Mr. McClellan made a motion to table the
ordinance until next month for further clarification and modification. Dr.
Lloyd seconded the motion. Motion carried.
Second reading of ORDINANCE NO. 2005-011 –AN ORDINANCE
LEVYING AND FIXING THE TAX RATES OF THE CITY OF UNION, KENTUCKY, FOR THE FISCAL
YEAR 2005-2006; 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 FORTH THE PROCEDURE FOR COLLECTION OF TAXES. Mr. McClellan made a motion to approve the
ordinance. Dr. Lloyd seconded the motion. Motion carried.
Second reading of ORDINANCE NO. 2005-013 – AN
ORDINANCE AMENDING THE SPEED LIMIT ON A PORTION OF OLD UNION ROAD FROM 55 MILES
PER HOUR TO 45 MILES PER HOUR. Mr.
McClellan made a motion to approve the ordinance. Dr. Lloyd seconded the
motion. Motion carried.
NEW BUSINESS:
First reading of ORDINANCE NO. 2005-014
– AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES.
Dr. Lloyd made a motion to approve the ordinance. Mr. McClellan seconded the
motion. Motion carried.
At this point in the meeting, Attorney Voss
discussed the issue involving the Volpenhein property. He stated that we have
attempted to serve Mr. Volpenhein by certified mail but to no avail. We have
had the sheriff go to his residence but could not locate him. In order to
resolve this situation, according to our ordinance, we must publish the notice
for a hearing on this property.
Per Item # 7, Mr. Burke presented
an update on the Union Village Pond situation. He stated that Attorney Voss and
he have been working on the contract and it has been submitted. The contract
states that the partners are limited to City of Union, Kroger and Scheben
Company. Two major concerns right now are the cost of excavation at $79,000.00;
and the timing, since it is getting late in the year. There is also concern
about an adequate disposal site, since Mr. Grammas has deviated from his
original approval. Attorney Voss
interjected that he was present when
Regular Business Meeting
of Union City Commission
MINUTES – October 10,
2005 – Page 4 of 4
Mr. Grammas agreed to the use of his site.
Attorney Voss has talked with the Scheben Group, who has committed $12,000.00;
Kroger has taken a backstep and cannot get adequate input from them at this
time; everything with Bear Creek has fallen on deaf ears and would involve
litigation if taken further. If Kroger
would step up to the plate, everything could be done; at this point, they are just
not returning our phone calls.
Mayor Kirby suggested keeping everything
moving forward. Attorney Voss advised that this should be discussed further.
ADJOURNMENT:
No further business came before the Commission. Mr. McClellan moved to
adjourn the meeting at 8:18 p.m. Dr.
Lloyd seconded the motion. Motion
carried.
Signed this 14th day of November
2005.
APPROVED:
ATTEST:
_____________________ _________________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer