CITY OF UNION, KENTUCKY

Special Business Meeting

MINUTES

Friday, June 23, 2006

 

 

CALL TO ORDER: 

Mayor Don Kirby called the Special Business Meeting of the Union City Commission to order at 7:00 p.m., Friday, June 23, 2006. 

 

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

 

There were eight (8) in audience attendance.

 

Mayor Kirby addressed the vacancy on the commission due to the resignation of Warren Moore, who is now the City Administrator. Mayor Kirby asked if there was anyone in the audience, other than Mr. Sayers, who was interested in that position. With no one being interested, Mayor Kirby asked for a motion to approve Mr. Todd Sayers to be on city commission. Dr. Lloyd made a motion to appoint Mr. Sayers to the commission. Mr. Kelly seconded the motion. Motion carried.

 

Mayor Kirby read RESOLUTION NO. 2006-006 – A RESOLUTION APPOINTING TODD L. SAYERS TO SERVE AS CITY COMMISSIONER FOR THE CITY OF UNION, KENTUCKY, REPLACING WARREN S. MOORE WHO HAS RESIGNED.

 

Mayor Kirby administered the Oath of Office to Todd L. Sayers.

 

MINUTES:

Mr. Kelly made a motion to accept the minutes of May 8, 2006 as presented. Dr. Lloyd seconded the motion. Motion carried.

 

TREASURER'S REPORT:

Dr. Lloyd moved to accept the Treasurer’s Report as of May 31, 2006 as presented. Mr. Kelly seconded the motion. Motion carried.

 

BILLS FOR PAYMENT:

The bills for payment were reviewed. Mr. Kelly made a motion to pay the bills as presented. Mr. Sayers seconded the motion. Motion carried.

 

CORRESPONDENCE:

Mayor Kirby read a memo dated June 15, 2006 from Kevin Costello, Executive Director of Boone County Planning Commission, in reference to the 2006 Zoning Update. The memo stated that the Planning Commission will hold two (2) workshops on June 28, 2006. Mayor Kirby asked if anyone would be interested in attending.

 

Mayor Kirby read a letter dated June 15, 2006 from Jeff Earlywine, County Administrator for Boone County pertaining to snow and ice removal service to the City of Union. Mayor Kirby stated that this situation would be discussed further.

 

Mayor Kirby read a letter dated June 19, 2006 from Thomas J. Schomaker, Chief District Engineer, in reference to the speed limit on Ky 237 (Gunpowder Road). Mr. Moore replied that he had responded to Mr. Schomaker’s letter.

 

Mayor Kirby stated that the assistant coach of the Ryle High School state softball champs contacted him and asked if he would look into erecting a sign giving recognition to the team. City Clerk Kathy Porter will look into this. Mayor Kirby also invited the coaches, team and families to attend our July or August meeting, where he will read a

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Proclamation in their honor.

 

CITY ADMINISTRATOR’S REPORT:

City Administrator Warren Moore discussed the citizens’ complaints listed in his report. For the most part, most of the complaints were in reference to vacant homes with tall grass. Spillman Lawn Care cut the grass and liens will be filed.

 

The complaint pertaining to the PODS storage units in driveway at 10092 Russwill Lane, as well as the travel trailer in the side yard, was discussed. We have had difficulty with this situation for several years. The PODS are there due to rehabbing.  Zoning Enforcement has sent the homeowner a letter.  

 

The situation at 1764 Mt. Zion Road has been resolved-the trailer has been emptied and removed.

 

Mr. Moore addressed the complaint from 10178 Russwill Lane concerning drainage onto the homeowner’s property from the development adjoining it. Since it is private property and the development is not in the city, there will not be much the city can do, except possibly send the developer a letter.

 

Mr. Moore stated that in reference to the Volpenhein property at 10015 Old Union Road, before there can be a resolution, it will be necessary to have an asbestos check done. Mr. Moore will check into this further.

 

Mr. Moore received a request from a Gunpowder Green resident asking that the subdivision sign and entry bridge be repainted, which has been done in the past. We have a call in to Mr. Spillman for a quote.

 

Mr. Moore prepared correspondence to Tom Schomaker on retaining the existing Hathaway Road Bridge when the KY 536 reroute is undertaken. The state highway plans to close this bridge. Its retention would enable connection of a bicycle/pedestrian path to others in the vicinity as proposed in the Town Plan. Mr. Moore also discussed Mr. Schomaker’s correspondence concerning the speed limit situation on Gunpowder Road.

 

Mr. Moore discussed the correspondence he prepared to Jeff Earlywine from the Boone County Public Works, concerning discontinuance of city snow removal.

 

Rumpke is requesting an increase in the house count for an additional 100 dwellings. Mr. Moore stated that this is reasonable since there has been no adjustment since the inception of the contract. City Attorney Voss will have an addendum prepared for the July meeting.

 

Additional signage will be placed on Burleigh Lane indicating no parking (fire lane) and a 20 mph speed limit.

 

Mr. Moore stated that PNC counter-offered on the obsolete building on Old Union Road; his opinion is that we should forget about this project. He stated that the EMS Building looks more attractive as far as being an option purchase for the community center.

 

Mr. Moore explained that he installed new computer system in the office and would like to update the wireless system. He stated that the cost would be approximately $300.00.

 

Mr. Moore recommended that the “Bills for Payment” be removed from the meeting approval cycle. He suggested that the bills be paid when they are received, which would eliminate penalties for late payment. He recommended that a “Bills Paid” be included in the monthly meeting package. Mayor Kirby suggested that discussion should take place concerning payment on contracted work.

 

 

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CEMETERY REPORT:

Mr. Eddie Johnson, Sexton/Manager, Union Rice Cemetery, was not present.

 

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.

 

 

Item # 1 - Mr. Burke stated that we are continuing to work on the Union portion of the sanitary sewer system. Foppe will also work with SD#1 to coordinate the Hathaway extension if possible. Mr. Burke shared the contents of a letter he received from the sanitation district concerning rates which will increase 15%.

 

Item # 1 (4) - Mr. Burke stated that the city was awarded another $200,000 grant and we are waiting for the paperwork. Costs for the Russwill Drive sewers (Phase C) have been estimated at $402,000, about 50% short of the funds available to provide sewers to the entire street. Mr. Burke stated that direction is needed in terms of what is to be done with these funds.

 

Item # 3 and 5 - Both are related to the blocked channel drainage problem at Pickett Run and Hartwood Court. A contractor has been found to perform the work, starting as early as next week. CS Earth Innovations Inc. will perform the work for a total of $8700, approved in May, 2005. Mr. Burke has contacted the property owners.

 

Item # 8 - Mr. Burke stated that the “brick-striped crosswalk” problem along Braxton Road between Kroger and the Library has been corrected.

 

Item # 9 - Mr. Burke stated that we are working toward repairing streets that are being considered for the 2006 calendar year. He has talked to a number of contractors. Mr. Burke stated that Option A would be considered the “band aid” approach. The contractor utilized the 2005-06 bid awards with Boone County wherein we take the low bid from Bluegrass Paving. This involves stripping off the asphalt and resurfacing. Mr. Burke stated that he believes there is a better option. With Option B, Mr. Burke stated that he had received a couple of sample estimates from side or edge drain contractors for comparison. Mr. Burke suggested using a slurry or “black mat” resurfacing. It is a thinner surface but less costly. The work would require public bidding. Mr. Burke asked for authority to advertise. He stated that bids would be accepted up to July 28th.

 

Mayor Kirby asked for further explanation on Option B and stated that it would be put out for public bid and formal action to award a contract addressed later.

 

Item # 13 - Mr. Burke received a Preliminary Plan for Arbor Springs at Plantation Point. Comments were forwarded to BCPC. The extension of Seltman Drive is proposed to stub to an unimproved portion of public right-of-way connecting Braxton Drive. Mr. Burke stated that the developer has said that they do not own the public right-of-way and Mr. Burke is trying to determine how the street connection will come about.

 

Dr. Lloyd stated that the homeowner who owns the adjacent property has informed him that since he (homeowner) has spent several years maintaining the property in question, that someway he can petition for the property to become his; that is what this particular homeowner is doing.

 

Mr. Burke stated that an option would be to close this section of street. The agreement to close the street should be put back to the planning commission, which approved it originally without the street pavement.

 

Dr. Lloyd also stated that there are some major problems on Richmond Road, with traffic to/from Kroger and the strip center. The traffic does not stop at the signs and he feels that opening up Union Village to become a conduit to

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the other subdivisions would be a big mistake and would deteriorate the property values. His personal feelings would be to take whatever avenues necessary to close the street in question.

 

Mr. Sayers spoke in agreement with Dr. Lloyd. He lives on Richmond Road and stated that the stop signs are disregarded. He is in agreement to closing the street.

 

Attorney Voss will contact Property and Zoning and asked for authorization to further explore this situation. Mayor Kirby asked for a motion for Attorney Voss to contact Property and Zoning about the street at Seltman Drive. Dr. Lloyd made the motion. Mr. Sayers seconded the motion. Motion carried.

 

Item # 17 - Mr. Burke received a Preliminary Plan for Brookwood Estates (later Westbrook) along west side of Old Union Road, north of Keystone Holdings by Arlinghaus. Mayor Kirby asked if part of this development will be in the county, to which Mr. Burke answered that about 25 lots will be in the county. Mayor Kirby also asked if the city can initiate conversation about bringing the rest of the neighborhood into the city. Mr. Burke stated that capacity for sewage will be limited to about 90 lots during the first two (2) years.

 

Item # 18 - Mr. Burke addressed the Improvement Plans for Phase A of Harmony Estates by the Drees Company. Work has already started on the development in reference to infrastructure and street plans.

 

Item # 23 - Mr. Burke discussed the issue of sump pumps and the fact that water was coming onto sidewalks and creating a safety problem. BCPW was authorized to remedy that problem 8877 Braxton Road.

 

Item # 24 and # 25 - Mr. Burke stated that he received a request from Riemer on Lakepoint Drive as well as another problem along Brandsteade Court where the drainage over public sidewalk is causing a safety problem. Mr. Burke stated that reference to the Resolution has been prepared pertaining to these issues.

 

Item # 29 - Mr. Burke responded to a request from Hathaway Road resident Andy Brun regarding traffic control devices/changes at intersection of Old Union Road and Hathaway Road. The city chose to take no action.

 

Item #27 - Mr. Burke addressed the issue of reoccurring drainage problem at 9008 Richmond Road, resident Kevin Ashley. A sump pump line was previously installed by the developer/builder, but additional surface water from the watershed at the rear of the Ashley’s lot has contributed to erosion, rutting and damages to their side yard. Since the problem is on private property, contact with BC Enforcement indicated that the department will further study the issue and advise the developer/builder and the city regarding efforts to resolve the problem. Mr. Ashley spoke about the problems he is having and had photos of the erosion problem.

 

Mayor Kirby asked Mr. Burke to follow up with Brad Horn. He also asked Mr. Burke if there is a fix for this problem and if he has a recommendation, to provide that to Boone County Code Enforcement. From there, determine a way of addressing this again with Arlinghaus.

 

PLANNING AND ZONING:

Mr. Randy Barlow, Planning and Zoning Representative, had nothing to report. He did make a comment concerning the plans for the EMS Building.

 

Dr. James Wright commented that he repurchased a quarter acre from the state that they had purchased to use as parking space for state equipment. He also stated that if the city wants a gas station in his development, the city would need to be represented at the planning meeting to affirm that the city would like to keep a gas station at the edge of the community. Dr. Wright stated that he could put a bank there but would have to ask for a variance because the county stated he could not have a drive-thru but could have the bank. Dr. Wright does not want a bank without a drive-thru.

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Dr. Wright has agreed to a turning lane on Frogtown Road with some state requirements. Dr. Wright asked for the city’s help with the state requirements.

 

OLD BUSINESS:

Second reading of ORDINANCE NO. 2006-005 – AN ORDINANCE AMENDING THE CITY OF UNION, KENTUCKY ANNUAL BUDGET FOR FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006 ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT. Mayor Kirby explained that at the beginning of the fiscal year, the city approves a budget for the given year. If we happen to exceed the budget in any given area, state regulation allows us to adjust our budget. Dr. Lloyd made a motion to approve the Ordinance. Mr. Kelly seconded the motion. Motion carried.

 

NEW BUSINESS:

First reading of ORDINANCE NO. 2006-006AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2006 THROUGH JUNE 30, 2007 BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT FOR THE CITY OF UNION, KENTUCKY. Mr. Kelly made a motion to approve first reading of Ordinance. Mr. Sayers seconded the motion. Motion carried.

 

Mayor Kirby explained that one of the advantages to having Mr. Warren Moore on board as City Administrative Officer is that Mr. Moore is able to pursue issues on a day-to-day basis that is not possible for the mayor or city commissioners to do from day-to-day. Mr. Moore is able to respond to the citizens in a timelier manner. There are times when papers and checks need to be signed when the mayor would not be available. Mayor Kirby stated that because of issues such as these, he would sign an Executive Order to allow the City Administrative Officer to have the types of powers that the mayor does in order to be able to act on behalf of the city, while still being required to answer to the mayor and commission.

 

Mayor Kirby signed EXECUTIVE ORDER NO. 2006-001 – EXECUTIVE ORDER AUTHORIZING THE CITY ADMINISTRATIVE OFFICER FOR THE CITY OF UNION, KENTUCKY ADDITIONAL DUTIES AND AUTHORITY.

 

Mayor Kirby discussed RESOLUTION NO. 2006-007 regarding an appointment of someone as Commissioner of Public Works, a special designation for one commissioner, to be responsible for public infrastructure, who will be required to work with the city engineer and city administrative officer. Mayor Kirby asked if anyone would be interested in serving in that capacity. Mr. Bob Kelly volunteered for this position.

 

Mayor Kirby read RESOLUTION NO. 2006-2007 – A RESOLUTION APPOINTING BOB KELLY AS THE COMMISSIONER OF PUBLIC WORKS FOR THE CITY OF UNION, KENTUCKY. Dr. Lloyd made a motion to approve the Resolution. Mr. Sayers seconded the motion. Motion carried.

 

Mayor Kirby read RESOLUTION NO. 2006-008 – A RESOLUTION APPOINTING GREG LLOYD AS AN AD HOC MEMBER OF THE TECHNICAL DESIGN REVIEW COMMITTEE FOR THE UNION TOWN PLAN FOR THE CITY OF UNION, KENTUCKY. Mr. Kelly made a motion to approve the Resolution. Mr. Sayers seconded the motion. Motion carried.

 

Mayor Kirby read RESOLUTION NO. 2006-009 – A RESOLUTION REAPPOINTING ANDREW ROSEN TO THE BOARD OF ADJUSTMENTS FOR THE CITY OF UNION, KENTUCKY. Mr. Sayers made a motion to approve the Resolution. Mr. Kelly seconded the motion. Motion carried.

 

 

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Mayor Kirby read RESOLUTION NO. 2006-011 – A RESOLUTION RE-APPOINTING EDDIE JOHNSON AS THE SEXTON/CEMETERY MANAGER OF UNION RICE CEMETERY FOR THE CITY OF UNION, KENTUCKY. Dr. Lloyd made a motion to approve the Resolution. Mr. Kelly seconded the motion. Motion carried.

 

Mayor Kirby stated that he would be signing a contract for grave digging services for Union Rice Cemetery. The charge would be $450.00 per grave opening.

 

Mayor Kirby read RESOLUTION NO. 2006-010 – A RESOLUTION FOR THE CITY OF UNION, KENTUCKY TO ENTER INTO AN AGREEMENT WITH PROPERTY OWNERS CONCERNING EXCESSIVE STORM WATER DISCHARGES TO PUBLIC STREETS/SIDEWALKS. Mr. Kelly made a motion to approve the Resolution. Dr. Lloyd seconded the motion. Motion carried.

 

Mr. Ashley made a statement that if he installed a drain to catch water and run it to the public right of way, it would damage the street. He questioned the cost to the homeowner. Mayor Kirby suggested coming up with a solution that can be recommended to Arlinghaus in order to get the problem resolved.

 

Mayor Kirby read the list of upcoming meetings.

 

City Clerk Kathy Porter stated that Mr. Eddie Johnson could not attend the commission meeting but asked her to report on a couple of issues. Mrs. Porter stated that there was a situation where a citizen had purchased two (2) lots in the cemetery and his sister was not aware that he owned these two (2) lots. Upon his death, the purchaser of the lots was instead buried in Fort Wright. The sister had requested that the city purchase these two lots back. Attorney Voss had stated that permission was needed from the commission in order to do so.  Mrs. Porter stated that we are running low on lots, so we could use them. Mayor Kirby, as well as the commission, had no objections to repurchasing these lots.

 

Mrs. Porter also stated that Mr. Johnson would be meeting with Greg Larison about surveying the front section of the cemetery and getting markers for the lots. Tree work will also be done in the cemetery. Mayor Kirby asked when the front section is expected to be completed and available. City Clerk stated that the state surveyor has been in contact with us since a portion of the cemetery will be taken during the relocation of Mt. Zion Road. There is no timetable at this time.

 

ADJOURNMENT:

No further business came before the Commission. Dr. Lloyd moved to adjourn the meeting at 9:00 p.m. Mr. Sayers seconded the motion. Motion carried.

 

Signed this 10th day of July 2006.

 

 

APPROVED:                                                                  ATTEST:

 

 

_____________________                                          _______________________________­­__

Don Kirby, Mayor                                                        Kathy Porter, City Clerk/Treasurer