CITY OF UNION, KENTUCKY

MINUTES

SPECIAL MEETING

APRIL 1,1999

 

CALL TO ORDER

Mayor Warren S. Moore called the Special Meeting of the Union City Commission to order at 7:30 p.m. on Thursday, April 1, 1999, in the Union City Building Auditorium.

ROLL CALL

Roll call was answered by Mr. Jennings, Mr. Johnson, Ms. Logsdon, and Mr. McClellan.

Others in attendance: City Engineer Willard Rusk, City Clerk Kathy Porter and City Attorney Greg D. Voss was present in absence of David W. Martin. There were approximately twelve (12) people in the audience.

Mayor Moore stated the purpose of this meeting is to consider and take action if desired on settlement of the civil actions arising from Ordinances No. 98-012 and 98-013.

Mayor Moore read in full Municipal Order No. 99-001:

A MUNICIPAL ORDER APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE AMONG THE CITY OF FLORENCE, KENTUCKY AND THE CITY OF UNION, KENTUCKY, ET AL. Upon motion of Mr. McClellan, second by Mr. Johnson, that Municipal Order No. 99-001 be passed and approved. Mayor Moore called for a vote.

Mr. Jennings - Aye, Mr. Johnson - Aye, Ms. Logsdon - Nay, Mr. McClellan - Aye, Mayor Moore - Aye.

AYES 4 NAYS 1 Motion passed.

Mayor Moore noted that the next item on the agenda is to consider and take action if desired on repealing the following two Ordinances:

Ordinance No. 98-012 - AN ORDINANCE STATING THE INTENTION OF THE CITY OF UNION, KENTUCKY, TO ANNEX CERTAIN TERRITORY CONSISTING OF PARCELS OF LAND ALONG LONGBRANCH RAOD, FOWLER CREEK ROAD, CAMP ERNST ROAD, AND HATHAWAY ROAD AND ADJACENT TO THE BOUNDARY OF THE CITY.

Ordinance No. 98-013 - AN ORDINANCE STATING THE INTENTION OF THE CITY OF UNION, KENTUCKY, TO ANNEX CERTAIN TERRITORY CONSISTING OF PARCELS OF LAND ALONG FOWLER CREEK ROAD, SOUTH FORK OF GUNPOWDER CREEK, KROTH LANE AND LONGBRANCH ROAD.

Mayor Moore explained that this is not a public hearing, however he felt that it would not be a bad idea to let people have some brief discussion on their opinion of this. He asked if anyone wanted to make a particular comment on the repealing of the two Ordinances listed above.

Mayor Moore recognized Dave Lampl, 2580 Longbranch Road. Mr. Lampl congratulated and thanked the Commission for drawing the Ordinance up to annex the parcel of land along Longbranch Road. He asked what has happened since? Mayor Moore responded that at the advice of several attorneys. Not including Attorney Stepner. Mayor Moore said there were several problems that attorneys pointed out to the Commission members that might have made it difficult for Union to win in court and would cost the taxpayers money. Stating first, Union did not give 24-hour notice of the meeting, required by law. Second, case law does not say whether a city can call an emergency meeting in order to annex property.

Mr. McClellan stated that he voted for the settlement because he didn't want to see the city in litigation for a long period. Commenting that the lawyers he is taking advice from say there's a good chance we would not win the case in court and it would cost the taxpayers money. He commented that he would like to see the City of Union annex as much territory as possible to protect the City of Union and we need the homeowners/landowners help to do this.

Mayor Moore recognized resident Jack Hunt in the audience. Mr. Hunt asked if the City of Union filed a challenge with St. Paul Insurance Company on the Reservation of Rights?

Attorney Voss explained that it was handled properly in accordance with the situation.

Mayor Moore recognized Al Millard, Chief of the Union Emergency Medical Service. Mr. Millard asked if the EMS would loose the tax base if Florence annexes this property on Longbranch? Commenting that he sees the tax money we're losing because of Florence grabbing, grabbing and grabbing. When would the City of Union put up a roadblock and say that's enough? Mr. Millard said if the beating keeps up, the EMS would not be able to provide its services to Union. Mayor Moore responded that's another good reason for people to look down the road and decide over the next few years whether they want to be in Florence or Union.

Mayor Moore read in full at first reading Ordinance No. 99-001:

AN ORDINANCE REPEALING ORDINANCES NO. 98-012 AND 98-013 IN THEIR ENTIRETIES AND DECLARING SUCH ORDINANCES TO BE OF NO FORCE AND EFFECT AB INITIO.

Upon motion of Mr. Johnson, second by Mr. McClellan, that Ordinance No. 99-001 be passed and approved on first reading. Mayor Moore called for a vote.

Mr. Jennings - Aye, Mr. Johnson - Aye, Ms. Logsdon - Nay, Mr. McClellan - Aye, Mayor Moore - Aye.

AYES 4 NAYS 1 Motion passed.

Mayor Moore recognized resident Paul Moran in the audience. Mr. Moran spoke about mailing addresses and the separate tax base. He commented that as Florence is expanding their city limits it is cutting into the Union Fire District tax base.

ADJOURNMENT

Upon motion of Mr. Johnson, second by Mr. McClellan, that the Special Meeting be adjourned, Mayor Moore called for a vote. Motion carried unanimously.

 

APPROVED: ATTEST:

 

_____________________ _____________________

Warren S. Moore, Mayor Kathy Porter, City Clerk

 

Date: April 12, 1999