CITY OF UNION, KENTUCKY
COMMISSION MEETING
MINUTES
April 8, 2002
Mayor Warren S. Moore called the regular business meeting of the Union City Commission to order at 7:30p.m. in the Auditorium of the Union City Building.
Commissioners in attendance were: Jonathan Jennings, Don Kirby, and Wayne McClellan. Absent: Gary McCormick.
Also present were: City Clerk, Kathy Porter, City Engineer Willard H. Rusk and Attorney Greg D. Voss in absence of City Attorney David W. Martin and Jim Curry of David Estes Engineering Inc.
Mr. Kirby made a motion to approve the Regular Business Meeting Minutes of March 11, 2002 seconded by Mr. McClellan. Motion carried unanimously.
Treasurer’s Report as of March 31, 2002 was read and presented for acceptance by Mayor Moore. Motion to accept as presented was made by Mr. McClellan and seconded by Mr. Kirby. Motion carried unanimously.
BILLS FOR PAYMENT:
Mayor Moore presented the bills for payment for review. Motion to pay the bills as presented was made by Mr. Jennings and seconded by Mr. Kirby. Motion carried unanimously.
ANNOUNCEMENTS/CORRESPONDENCE:
Mayor Moore mentioned that a letter was received dated March 22, 2002 from Benjamin, Yocum & Heather, LLC Attorneys at Law from Cincinnati, Ohio on behalf of Queen City Blacktop Company, Inc., upset about the awarding of the contract to Paul Michels & Sons on the Whispering Trail Pavement Repairs project. Mayor Moore commented that the letter basically said they had submitted the lowest bid price and therefore they felt they should be awarded the contract. The bid submitted by Queen City Blacktop Company, Inc., and the successful bidder Paul Michels & Sons were very close as to the total amount bid to complete the project and the city attorney wrote them back a letter after his review and investigation of the bids that the work was awarded to the company that submitted the lowest evaluated bid price.
Mayor Moore announced that the Great American Clean-Up date would be Saturday, April 27th, 2002. The clean-up sites include City of Florence, City of Walton, City of Union, Rabbit Hash General Store and Split Rock Conservation Park. If anyone would be interested in volunteering to pick up litter they should call 859-334-3151.
Mayor Moore announced that the National Day of Prayer is Thursday, May 2, 2002 and as in years past the city building is available for anyone that would like to show up at 12:Noon to do an interdenominational prayer service for our nation.
CITY ENGINEER REPORT:
City Engineer, Willard H. Rusk reported on the following:
1. Churchill Drive work is still progressing and the sanitary sewer part of the Gunpowder Bridge replacement project will be finished in due time.
2. Lassing Green Subdivision entrance has been cleaned up by landscape mowing contractor and looks good, mulch has been replaced and spring flowers are coming up. The stop sign at Mountain Laurel Way is up and in place. Also, all streetlights are now working in Lassing Green Subdivision.
3. The Encroachment Permit for Hillcrest Homes has been issued; they were experiencing an underground drainage problem with three homes, which seems to be clearing up. Another builder, Savannah Homes has been having some construction problems at the entrance to the subdivision on the library side and are not keeping mud off the street. Talked to the developer and the builder about this and should be taken care of.
4. No apparent work is being done on the encroachment permit of Whispering Trail. There is a concern of a driveway being placed to close to another property. The contractor followed procedures of the permit other than the location problem and mud. Have talked to both parties and feel this can be resolved.
5. Stop signs on Bayswater in the Hempsteade Subdivision are in place. Since installation there has been a complaint, wanting to take one or two signs down. No change pending further study and review later on in the year.
6. Wendy’s Restaurant still has some revisions to be made before their site plan can be approved. Had talked to Jim Berling with concerns of water problems. Will meet in the morning with Mr. Berling to discuss some solutions, as we don’t want the same problems that occurred with Skyline. Just for information purposes the grading plans for the Erpenbeck development at the City and Cavalry Drive have been approved. Will check on catch basins, when improvement plans are made so that they will be included.
PLANNING & ZONING REPORT:
Mr. Randy Barlow, City of Union Representative not here.
OLD BUSINESS:
Mayor Moore had received information from the Union Garden Club that they would no longer be able to maintain the plantings at City Hall due to a shortage of volunteers. However, they want to continue to plant and maintain at Union Rice Cemetery.
NEW BUSINESS:
Carol Harvey of 10686 Aspen Place was present to request a third stop sign be installed as a safety factor, also, sidewalks are not completed. Mayor Moore informed Mrs. Harvey the matters will be checked as to condition and the legal responsibility of the city.
Mr. Don Harden, 1700 Sherman Court, Union Village Subdivision made a presentation regarding the Wendy’s Restaurant location, also gave handouts so Commissioners could follow his concerns. Mr. Harden feels that Wendy’s Restaurant does not have a right to build at this location as it belongs to Mr. Berling. The original concept was to conform with citizens’ desires to live in an area that would provide neighborhood services. The idea to exclude fast food and drive thru restaurants was originally planned. Mr. Harden had information dating back to January, 1995 Boone County Planning Commission Public Hearing through January 2000 which the Civil Action Suit between Kroger Limited Partnership vs. City of Union Board of Adjustment and Zoning Appeals motion for Summary Judgment. Judge Jay Bamberger ruled in favor of Kroger being entitled to all C-2 uses because there were no conditions prohibiting such use. Still Mr. Harden stated the area has drainage problems, garbage and littering and large detention pond that smells and could be a safety hazard. He is confused as to what can or cannot be developed in this area since Judge Bamberger’s precedent. Now, there is a possibility of a gas station. Mayor and Commissioners assured Mr. Harden that they would do anything in the future to curb unwanted facilities. Providing it would not bankrupt the City as it has taken years for the City to be in the financial status that is currently. The City had received advice from legal counsel as to the steps that were taken regarding the suit. It is very clear as to the decision that would be made if an appeal would be made now. There is a possibility that Wendy’s might not want to conform to the architectural design that is required as it is believed was the case of McDonalds Restaurant and they moved on to locate in Florence. The bottom line is the Commission has to comply with Judge Bamberger’s decision. (A copy of the handout from Mr. Harden is a separate attachment).
A complaint had been received from Mr. and Mrs. Bill Arlinghaus, 10644 Mountain Laurel Way regarding a parked car, stop signs and uncompleted sidewalks.
ADJOURNMENT:
Mr. McClellan moved to adjourn the meeting at 9:00 p.m. Seconded by Mr. Jennings. Motion carried unanimously.
APPROVED: ATTEST:
________________________ ___________________________
Warren S. Moore, Mayor Kathy Porter, City Clerk
Date approved: May13, 2002