CITY OF UNION, KENTUCKY

Regular Business Meeting

MINUTES

Monday, May 8, 2006

CALL TO ORDER:

Mayor Don Kirby called the Regular Business Meeting of the Union City Commission to order at 7:30 p.m., Monday, May 8, 2006.

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

Visitors in attendance were Pam and Todd Sayers; Melinda Gardt; Charlie and Marti Scroggin; David A. Ryan, 60^th (D) Candidate, and Karen Franxman.

MINUTES:

Mr. McCormick made a motion to accept the minutes of April 10, 2006 as presented. Mr. Kelly seconded the motion. Motion carried.

TREASURER'S REPORT:

Dr. Lloyd moved to accept the Treasurer’s Report as of April 30, 2006 as presented. Mr. Kelly seconded the motion. Motion carried.

BILLS FOR PAYMENT:

The bills for payment were reviewed. Dr. Lloyd made a motion to pay the bills as presented. Mr. McCormick seconded the motion. Motion carried.

CORRESPONDENCE:

Mayor Kirby read a memo from Municipal Government League of Northern Kentucky, Inc., in reference to the May meeting which will take place on May 18, 2006, at NKADD in Florence, Kentucky. Mayor Kirby stated that if anyone desired to attend, they should inform City Clerk Kathy Porter.

Mayor Kirby read an email from Kevin Schwab, with Florence Freedom. Mr. Schwab informed us that the City of Union would need to pick a “game night” date in order for tickets to be sent. Mayor Kirby advised everyone to take a look at the schedule after the meeting and submit suggestions to the city clerk.

CITY ADMINISTRATOR’S REPORT:

City Administrator Warren Moore did not have a report due to the fact that his position is not yet official. Mayor Kirby read information supplied from Mr. Moore’s report for FY 2005-2006. He stated that adjustments would be made to the budget to bring expenses in line.

Mayor Kirby had First Reading of ORDINANCE NO. 2006-005 – AN ORDINANCE AMENDING THE CITY OF UNION, KENTUCKY ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006 ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT. Dr. Lloyd made a motion to approve the Ordinance. Mr. McCormick seconded the motion. Motion carried.

CITY ENGINEER REPORT:

Mr. Burke’s monthly report had been provided to the Commissioners prior to tonight’s meeting. Mr. Burke discussed and improvised on several items.

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MINUTES – May 8, 2006 – Page 2 of 4

Item # 1 (c) (2) – Mr. Burke clarified that on page 3 (2) we are not at 99% of the city engineering budget; he made a correction for the report to read 89% and, page 5 under No. 8, side drains, joint seal and a slurry seal would be considered rather than a “sami” process, a more repairing process for deteriorated streets.

Mr. Burke discussed two (2) updates. Item # 1 (3) – Mr. Burke stated that there is a conflict with the agreement with Kentucky Department of Transportation in repaving Old Union Road. About 2,000 feet of the District’s 36-inch sanitary sewer intercepter project directly impacts the Old Union Road, a pavement to be resurfaced by the KTC prior to transfer to the city. A meeting has been scheduled with all parties involved to resolve the matter.

The second update involved Item # 8 – Mr. Burke stated that this issue involved a number of streets on the list for repairs and resurfacing. Items # 3-9 have an engineer’s estimate of $110,850.00. Other alternatives are being considered. Mr. Burke also passed out a list of various concrete pavement/sidewalk repairs for Indian Hill Drive, Braxton Drive, Richmond Road, Kingston Court and Hempsteade Drive for a Proposal submitted by JPS Construction, Inc., the low bidder for concrete work per the Boone County inter-local agreement. While the fee is higher than the maximum $20,000, a public bid is not necessary.

Following some comments, Mayor Kirby asked for a motion to approve repairs/resurfacing in amount of $21,649.53. Mr. McCormick made motion for approval. Dr. Lloyd seconded the motion. Motion carried.

Mr. Burke then submitted a draft contract to Attorney Voss to be edited for the proper signatures for initiation of the work.

Mr. Burke then stated the plan to try to get an early reimbursement from the second $200,000 grant coming out of the KCDO/CEGG program. The governor presented the ‘paper’ check to Mayor Kirby. Attached to the Reimbursement Forms is an amended FOPPE Personal Services Agreement for $64,070 for the Land Surveying and Engineering necessary to accomplish the design of the small area of sewers excluding Russwill Lane. Mayor Kirby asked for a motion to approve all documents and proceed with the Union Sanitary Sewer Plans. Mr. Kelly made a motion to proceed. Mr. McCormick seconded the motion. Motion carried.

Mayor Kirby addressed the KTC traffic study along Relocated U.S. 42 and Whispering Trail. He stated that he has signed a letter that will be sent to the state to do that study so that they can look at putting a traffic light in.

Mr. Burke addressed the issue of the speed limit change on Gunpowder Road, from 35 to 45 mph, posted by KTC. Resident Mr. Leatherbee had called to complain but was told that Gunpowder Road is now a state road. Mr. Burke was not aware of the reposting of the speed limit; he called Mr. Madden with the highway department and was told that this process has been going on for several years about the change and those involved were in favor of the change. Mr. Burke inquired as to whether or not the KTC was aware that 40% of the road is in Union. Mr. Madden was unaware of this and stated that the city could draft a letter and they would take a look at the situation again. Mayor Kirby stated that he would like to look into this; he does not understand why the speed limit would be raised since the road is curvy and dangerous. Mr. Burke will forward a draft letter for the Mayor’s signature.

Item # 17 – Mr. Burke addressed the issue of the Union/Savannah Lakes storm sewer problem. Resident Charles Scroggin has indicated that there has been some re-construction near the storm sewer headwall; they have relocated the 4” pipe. Mr. Burke stated that the pipe has been relocated to the other side of the property line. Mr. Burke stated that what we have with this situation is a private pipe in City of Florence that was never dedicated, never plated; in order to do work on that, there would be a jurisdictional problem. It is in the City of Florence but on private property. The city may not be able to do anything on that property without permission from the homeowners’ association in terms of permission, permit, easement, etc. Mr. Burke discussed the options listed in his report. Attorney Voss advised that it’s a jurisdictional problem beyond the authority of the city. Mayor Kirby suggested working with the resident and HOA to determine the exact property lines and provide a cost estimate for the pipe improvement.

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Dr. Lloyd addressed Item # 2 in Mr. Burke’s report pertaining to the blocked channel drainage problem adjacent to storm sewers at rears of Pickett Run and Merrimac Court. Dr. Lloyd stated that this has been a problem for a while and the resident of that area had inquired about the status. Mr. Burke stated that he had met with Paul Michels and Sons, was given an estimate and a contract was drawn up. Mr. Michels indicated that he had lost a worker who was to perform this work. Mr. Burke then contacted Benchmark Excavation, who said the work would be completed before the end of 2005. Mr. Burke contacted Benchmark again about a month ago and notified him again as a reminder. The rainy season has been the reason why the work has not been performed. Mr. Burke stated he would contact Benchmark again; if the work cannot be done within a week or two, he will contact someone else.

Dr. Lloyd stated that he would like to see a deadline on this issue, since the resident was promised a resolution and a year has gone by without a solution. The resident has concerns about the danger that exists with his children playing in the yard. Mr. Burke will follow up on this situation. Attorney Voss stated that it is a dangerous situation and needs to be fixed.

PLANNING AND ZONING:

Mr. Randy Barlow, Planning and Zoning Representative, was not present.

NEW BUSINESS:

Mayor Kirby read RESOLUTION NO. 2006-005 – A RESOLUTION APPOINTING WARREN MOORE TO THE POSITION OF ADMINISTRATIVE OFFICER OF THE CITY OF UNION, KENTUCKY. Dr. Lloyd made a motion to approve the resolution. Mr. McCormick seconded the motion. Motion carried. Mr. Moore will be sworn in during the June City of Union meeting.

EXECUTIVE SESSION:

Mayor Kirby stated that the commission would go into Executive Session pursuant to K.R.S. 61.878 (1)(b) and (3)(f), the time being 8:55 p.m. The meeting was reconvened at 9:10 p.m.

Mayor Kirby explained the reason for the Executive Session, being that we have had discussion regarding an appraisal for PNC Bank. The city has talked about possibly purchasing that building. Mayor Kirby stated that the location is one that the city would like to acquire for use as a community center, as well as an anchor for the old town area. Based on the information that has been obtained, the city has decided to make a bid contingent upon financing from KLC, which can get the best rates at the best terms. We are going to offer $275,000.00 as the initial bid. Mr. Kelly made a motion to approve this dollar figure. Mr. McCormick seconded the motion. Motion carried.

Mr. Kelly stated that he met May 4 with Dave Geohegan, Mindy Gardt, and Karen Franxman concerning the Union Visioning Committee. Mr. Kelly questioned the status of the Collett property. Mayor Kirby stated they had met with Mr. Collett about six months ago and he is receptive to the city. Mr. Kelly inquired about the Technical Design Review Committee that possibly Commissioner Warren Moore or Wayne McClellan served on he is not sure who served on this committee and after discussion with David Geohegan he informed Mr. Kelly that the city can have a city commissioner serve as an ad hoc member of that committee for any commercial/office projects in the city limits. Mr. Kelly asked if they heard anything about the 3 to 8 lanes with double turn lanes at U.S. 42 and Mt. Zion Road. Attorney Voss advised that the state has all the control on that. Mr. Kelly asked if annexing unincorporated land had been discussed before. Mayor Kirby replied yes. Mayor Kirby mentioned that between the Drees property and Dr. Wright property, that approximately 100 acres came in to the city limits last year.

Mayor Kirby stated that he has asked the city clerk to add the Union Visioning Committee to the agenda every month.

Karen Franxman from the audience stated that the grading has been approved for the Muldoon property. She stated that there would be three (3) out buildings that would consist of a Subway, Convenient Store with gas pumps and a bank, and wanted to know if anyone was aware that these types of structures were being considered. Mayor Kirby

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asked Mr. Burke to contact Dave Geohegan to obtain more information and share the findings with Mr. Moore so that he will be involved in the process.

ADJOURNMENT:

No further business came before the Commission. Mr. Kelly moved to adjourn the meeting at 9:26 p.m. Mr. McCormick seconded the motion. Motion carried.

Signed this 12^th day of June 2006.

APPROVED: ATTEST:

_____________________ _________________________________

Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer