CITY OF UNION, KENTUCKY
City Commission Meeting
MINUTES
Mayor Warren S. Moore called the Regular Meeting of the Union City Commission to order at 7:30 p.m. on Monday, October 14, 2002 in the Union City Auditorium.
Commissioners in attendance: Mr. Kirby, Mr. McClellan, and Mr. McCormick. Absent: Mr. Jennings
Also present were City Clerk Kathy Porter, City Engineer Representative Mr. Jim Curry of Estes Engineering Inc., and City Attorney Greg D. Voss.
Mayor Moore noted that all Commissioners received a copy of the September 9 business meeting minutes. Commissioner McCormick moved to dispense with the reading of the minutes and be approved as written. The motion was seconded by Commissioner Kirby and carried unanimously.
Mayor Moore presented the Treasurer’s Report as of September 30, 2002. Mr. McClellan moved to accept the Treasurer’s Report. Motion seconded by Mr. McCormick and carried unanimously.
The bills for payment were reviewed. Mr. Kirby made a motion to pay the bills as presented and Mr. McClellan seconded the motion and carried unanimously.
Mayor Moore read a copy of a letter received from Christy Snelling, Kroger Real Estate Supervisor dated October 1, 2002 that she had mailed to Union resident Cindy Nelson regarding the perceived noise problem generated from the Kroger deliveries. The letter listed the steps that Kroger has taken to reduce the noise behind the store. Mayor Moore commented that Kroger has done everything that they should do. Mr. McClellan commented that he inspected the area and the signs are posted and noticeable. Kroger has done everything that they mentioned in the letter and are enforcing the restricted delivery hours as well as making certain that all delivery trucks turn off the engine during deliveries to mitigate this problem.
Mayor Moore read correspondence received from Chris Hadley regarding violations related to the covenants laid out in the homeowner’s bylaws. Mayor Moore advised that the City does not regulate or enforce subdivision By-Laws and/or Covenants. The Lassing Green entrance area is to be maintained by the City and has been inspected. Mayor Moore commented that the sign may need to be replaced or repaired because it is rusting. Regarding the high weeds, the City has a Nuisance Ordinance that will be enforced when in violation.
Mayor Moore read a summary of an E-mail received from Larry Trenkamp dated October 8, 2002 regarding the pre-construction meeting of the reconstruction of US 42 in Union. The successful bidder for this project was Lawrence Construction and Leasing LLC. The Contract amount is $9,236,242.17 and the Proposal states that there are 220 working days for this project and the Contractor has begun work on this project.
At this time, Mr. McClellan reported on several of his concerns he has with the current construction of the new water line project on US 42 in Union. There are issues that he has been experiencing with regarding the traffic problems and road conditions and commented that their workmanship is lousy and thinks the city should file a formal complaint.
Mr. David Thibodeau business owner of the old Union Post Office Building located on US 42 was present tonight in the audience to voice his concerns and the issues he has been experiencing with the installation of the new water line on US 42 and how it has effected the loss of business at the Hair Salon that is now located in that building. Mr. Thibodeau expressed that no one was notified of their schedule so that the business could rearrange their schedule accordingly. The equipment is being parked on the property and they have blocked the entrance to enter the parking lot to the Hair Salon.
Mayor Moore commented that this is a project of the Boone County Water District which is a separate district and the city has no jurisdiction over that project unless there is a violation of a City Ordinance. Attorney Voss asked Mr. Curry to contact the people at the Water District and Reynolds Construction Company and relay the City’s concerns.
Mr. McClellan commented that Wayne Baker is the Forman for the job running the line and he has contacted the Water District and Reynolds Construction Company and expressed to them the problems and concerns he has been experiencing on his property. Mr. McClellan was not notified regarding this project and no permission was given to work on his property. He commented that this project is supposed to be completed in April 2003 and the line will go to New Haven School. Mr. McClellan commented that they are not doing a good job or a safe job, and he is also concerned about the area near the Emergency Medical Service building which is next to the Hair Salon and they are experiencing the same problems.
PLANNING AND ZONING REPORT
Mr. Randy Barlow, Union’s Representative was not present tonight to give a report.
CITY ENGINEER REPORT
Mr. Jim Curry of David Estes Engineering, Inc. reported on the following:
1. Received several calls from Kathy relaying complaints from citizens about potholes on Wetherington Blvd. and Bayswater Drive. Investigation revealed eight areas that needed repairs. Received bids to repair these areas and the low bidder was Len Riegler Blacktop Co, Inc. Estes recommends the low bid be accepted and the City enter into a contract with Riegler for the Asphalt Pavement Repairs.
Mr. McClellan made a motion to accept the bid submitted by Len Riegler Blacktop to repair the roads on Bayswaters and Wetherington Blvd. The motion was seconded by Mr. McCormick and carried unanimously. Attorney Voss will draft the contract for the Mayor’s signature.
2. The City received two complaints regarding storm water drainage across private property. One is from Mr. Kojima, 10104 Russwill Ln. Drainage from two catch basins discharge onto the front of Mr. Kojima’s property and flows along his side property line to the rear property line. Complains that he has to clean debris from his property every time it rains. The second complaint is from Mr. Raap, 10210 Creekstone. The creek through the rear of his property receives street drainage and is starting to erode. He is worried the erosion may eventually reach his swimming pool. Mr. Curry has looked at the area and noticed on the plat that there is a drainage easement and does not know who it’s for or any responsibility there. Mr. Curry commented that he would like to get a legal opinion on both these issues to determine the City’s responsibility and obligation for handling surface drainage across private property.
Mayor Moore commented that in the past what the City has done in certain areas depending on what the liability or damage is we have worked in areas that the City is not legally bound to do, but have done so in an effort to take care of the citizens like putting rip rap or gabions in the back of residents yards. This is something that we may want to look at and needs a legal opinion.
Sanitation District #1 has informed us that their consultant (Woolpert) will be conducting a Storm Water Inventory starting in about two weeks. They will be inspecting all pipes, culverts and drainageways in the City. Their employees will carry identification, they will have letters of authorization from SD#1, and their vehicles will be marked. The City may receive some calls concerning this.
Attorney Voss reported that he had contacted Zoning Administrator, Kevin Wall regarding the connection of Braxton Drive between Union Village Subdivision and the Columns of Wetherington, Plantation Pointe. His recommendation is that the City does not take any measure in the future that would violate the subdivision regulations. In essence, leave Braxton as a through street.
Mayor Moore gave second reading of ORDINANCE NO. 2002-006 – AN ORDINANCE LEVYING AND FIXING THE TAX RATES OF THE CITY OF UNION, KENTUCKY, FOR THE FISCAL YEAR OF 2002-2003, LEVYING SAID TAX UPON REAL, AND TANGIBLE PROPERTY; FIXING THE DATE OF PAYMENT, DISCOUNT PAYMENT, DELINQUENCY AND INTEREST CHARGES; FIXING THE PUROSE THEREFORE, AND SETTING FORTH THE PROCEDURE FOR COLLECTION OF TAXES. Motion to accept on second reading by Mr. Kirby and seconded by Mr. McCormick. Vote was unanimous.
Mr. Michael Morgan, Union Fire Department Director had researched on the different tax districts and the allocation of the funds. He had some concerns on whether the taxes were being allocated to the correct Fire and EMS Tax Districts because of all the new development in the City of Union and Boone County. Mr. Morgan commented that currently one of the areas in particularly is Arbor Springs Boulevard and Lincoln Court located in the Arbor Springs Subdivision which the taxes are going to the City of Florence and should be going to Union City Tax District number 9. He plans to contact Florence in regards to this clerical error and Attorney Voss will examine the issue on behalf of the City. Mr. Morgan also gave an update on the current status of the Fire and EMS Districts. Mayor Moore commented that he would like to see more communication between the Union Fire and EMS Services and expressed that they do a great job.
Mayor Moore acknowledged that the Union Town Plan won an ASLA Award.
No further business to come before the Commission, Mayor Moore entertained a motion to adjourn the meeting. Mr. McClellan moved to adjourn the regular business meeting at 8:10 p.m. with a second by Mr. McCormick and motion carried.
APPROVED: ATTEST:
_____________________ ______________________
Warren S. Moore, Mayor Kathy Porter, City Clerk
Date: November 4, 2002