CITY OF UNION, KENTUCKY

Public Hearing (MRA/LGEA Fund)

And Regular Business Meeting

MINUTES

Monday, July 10, 2006

CALL TO ORDER:

Mayor Kirby called the Municipal Road Aid Fund use hearing for the City of Union, Kentucky to order at 7:31 p.m., Monday, July 10, 2006. This is done every year to solicit written or oral comments from citizens regarding the use of our Municipal Road Aid and Local Government Economic Assistance Funds. We have allocated this year $359,060.00 in Municipal Road Aid Fund and $11,850.00 in the Local Government Economic Assistance Fund. Typically, these funds are used for infrastructure road improvements, maintenance, etc. Mayor Kirby stated that a lot of this will be coming up this year and asked if anyone had any specific earmarks for the city’s funds this year. Mr. Trout asked about sidewalks as one suggestion.

Mayor Kirby asked for a motion to adjourn. Mr. Kelly made the motion. Mr. Sayers seconded the motion. Motion carried. The meeting was adjourned at 7:33 p.m.

CALL TO ORDER:

Mayor Kirby called the Regular Business Meeting of the Union City Commission to order at 7:33 p.m. Monday, July 10, 2006.

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

There was one (1) in audience attendance.

MINUTES;

Dr. Lloyd made a motion to accept the minutes of June 23, 2006 as presented. Mr. Kelly seconded the motion. Motion carried.

TREASURER’S REPORT:

Mr. Sayers made a moved to accept the Treasurer’s Report as of June 30, 2006 as presented. Mr. Kelly seconded the motion. Motion carried.

CORRESPONDENCE:

There was no correspondence on the agenda to present.

CITY ADMINISTRATOR’S REPORT:

City Administrator Warren Moore made a short report. He discussed the drainage situation on Russwill Lane and deferred any details to the city engineer’s report.

Mr. Moore also stated that we are still working on the Volpenhein property. The city attorney has been authorized by the city administrator to proceed with the condemnation process. A quote on the asbestos inspection is forthcoming.

Mayor Kirby asked if the city would take possession of the property after it is condemned and torn down. Attorney Voss stated that the city would obtain the property thru the blighted property statute.

Mr. Moore has obtained a quote from Spillman Lawn Care on painting the subdivision sign and Entry Bridge at Gunpowder Greens. He is waiting for the other bid from Rick Gayle who performed the work the last time it was painted.

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MINUTES – July 10, 2006 – Page 2 of 5

Mr. Moore received an email from Jeff Earlywine, County Administrator. Mr. Earlywine wants to set up a meeting with the Mayor and City Administrator not only to discuss the snow removal but a few other matters as well.

Mr. Moore met with Cemetery Sexton Eddie Johnson and the surveyor about marking the plots of the new front section. The markers have been ordered and should be received in six-eight weeks; it would take two-three days for the surveyor to install. Once everything is completed, it will be entered in the Boone County GIS System.

Mr. Moore has obtained equipment for the upgrade of the city’s wireless network to the 802.11g standard. Installation is planned for the weekend of 7/15-16/06.

Attorney Voss stated that he had contacted Arlinghaus and spoken with Bob Schroeder concerning Westbrook. Attorney Voss stated that Mr. Schroeder should have an answer for us concerning the annexation by our next meeting.

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 (3) – Mr. Burke stated that regarding the Union Collector Sewer System, we are waiting for confirmation regarding the third $200,000 grant that has been earmarked specifically for the first distribution of $64,070. Mr. Burke stated that we have submitted the first quarterly report. The project has been estimated at $476,000.

Item # 3 and # 4 – Mr. Burke stated that the CS Earth Innovations has started work on the Pickett Run drainage issue. This work including Hartwood was approved in May, 2005 for a total of $10,700. The completed work will improve the channel flow and minimize vegetation growth. All property owners have been contacted for permission.

Item # 5 – Mr. Burke stated that Item #5 as well as Items # 6, 7, and 8 are in process. JPS Construction is under contract for this work. This company had the low bid on concrete last year in Boone County.

Item # 7 – In reference to the streets that are to be considered for repairs and resurfacing, Mr. Burke stated that as a part of Option B, about thirty (30) pages of Bid Specs have been provided. Mr. Burke stated that the competition should be good. A bid opening is scheduled for July 28 at 3:00 P.M. at the city building.

Item # 12 and # 13 – We are still coordinating and waiting for a partnering legal agreement on the sump pump issue relative to site drains and cost share participation for the residents who have this problem.

Item # 14 – Per another request, Mr. Burke stated that he had talked with Kevin Ashley of 9008 Richmond Road concerning his surface drainage runoff problem. Mr. Burke stated that we recommended certain things that could be done in his front yard to extend and upsize the sump pump lines from his and neighbor’s system. Contrary to the city’s knowledge, Arlinghaus extended a 2-inch and gave Ashley the option of paying for upsizing to 6-inch, which Ashley refused, which could have been used to resolve the present surface drainage problem. A letter received from Arlinghaus refused any more work for a second homeowner. Boone County enforcement has not responded to this issue. Mr. Burke informed Mr. Ashley that there was not much that we could do because it was a private project. However, if the surface water crosses the sidewalk causing a safety problem, the cost sharing sump pump line resolution/agreement

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may apply. Mr. Ashley was instructed to obtain cost estimates from a private contractor for comparison.

Item # 16 – Mr. Burke stated that Mr. Moore and he had talked about some of the history of the bridge structure at Clarkston Lane. The city through BCPW has received a Bridge Inspection Report from the State Highway Department dated in February, 2005; BCPW was getting ready to do this work. The problem is that the project is in the City of Union and they will not do any work unless it is authorized by the City Commission. BCPW has stated that they have the people, and they can rent the equipment at a cost of $6,540 to do the work as recommended by the highway department. Mr. Burke suggested calling a couple other contractors.

Mr. Moore stated that he would be in favor of removing the old bridge. He stated that $6,540 was not a huge amount of money. The county feels that there might be a chance that taking the old one out from beneath of the newer structure could damage the new one; Mr. Burke feels there is a risk but it probably would not be an emergency situation.

Mayor Kirby asked how long would passage over the bridge be restricted – how long would it take for the work to be completed. Mr. Burke stated three (3) days. Mayor Kirby stated that for $6,540, it would be worth making the investment now as to running into problems later.

Mr. Kelly asked about what the savings was years ago when the bridge work came about. Mr. Moore stated that he did not remember, that he would have to refer back to the minutes, but he did state that it was back when the county did a lot of work for the city and did not charge for the service.

At this point, Dr. Lloyd stated that he wanted to share some information about the sidewalk on Seltman Drive that was addressed in Mr. Burke’s report under Item # 5. Dr. Lloyd stated that he has learned that the missing sidewalk area is going to become a street in a year and he does not believe the city needs to invest in a sidewalk now. This project should be cancelled. Mr. Burke stated that he would get back with JPS to delete the sidewalk and the related costs.

Mayor Kirby asked to return to the Clarkston Lane bridge issue – he asked if anyone had any more comments and if all were in agreement to proceed, with the county to perform the work. Dr. Lloyd made a motion to proceed with the project. Mr. Kelly seconded the motion. Motion carried. Mr. Burke will inform Boone County to perform the work.

Item # 17 – Mr. Burke stated that he met with Mr. Robert Kemp of Russwill Lane in terms of the drainage problem in his yard collecting storm water within the watershed causing heavy vegetative growth and high weeds from being cut with a mower. Mr. Burke also met Mr. Johnson, the adjacent neighbor on an earlier problem. The history explained was as follows. The lake immediately upstream (existing since the 1950’s) is now in separate new property ownerships. These owners are silent regarding any responsibilities regarding problems downstream. The original developer Foltz of Dublin Estates (within unincorporated Boone County) abutting the Kemp and Johnson properties in Union, installed a piping system directing the lake water overflows to the Kemp land subject of this current complaint. Private improvements were made. The subsurface and open channel systems through the Kemp and further downstream Kemper properties remain private. Sanitation District No. 1 has not assumed any ownership and maintenance responsibilities for such systems in this permit cycle (2003-2008). After further review, Mr. Burke advised Mr. Kemp that there was an issue with the county/city’s nuisance ordinance concerning high weeds. The weeds inhibit the flow and generate more weed growth. However, if this issue is pursued by a government violation directive, it would not only affect his neighbor’s property in Boone County, but also his property. The unpaved driveways not mentioned to Kemp were another separate issue. After Mr. Kemp’s request for a load of large stone, Mr. Burke advised that the city cannot use public dollars to fund private projects. In conclusion, Mr. Burke advised Mr. Kemp if he wanted to pursue the nuisance

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Union City Commission

MINUTES – July 10, 2006 – Page 4 of 5

Ordinance to call him before the meeting for city commission action. Since no call was received, assumption was made that Mr. Kemp didn’t want the city to act. As a result, no action was taken.

The above text concludes the City Engineering Report for the July meeting.

The following items within an earlier City Engineering Report heard at a Special Meeting on Friday, June 23, 2006 are included as a part of the July Minutes.

Item # 1 (4) - Mr. Burke stated again 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 more direction is needed in terms of what is to be done with these funds, however dependent upon the dollar cost in bids received for Phases A & B.

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 $10,700, approved in May, 2005. Mr. Burke has contacted the property owners.

PLANNING AND ZONING:

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

UNION VISIONING COMMITTEE;

Ms. Mindy Gardt, Consultant, was not present.

Mayor Kirby asked if any citizens needed to be heard. Mr. Trout asked who is responsible for cleaning the new U.S. 42. Attorney Voss replied that the state is responsible. Mr. Trout stated that the new section needed to be cleaned. Mayor Kirby stated we can contact the state to request cleaning.

OLD BUSINESS;

Second reading of ORDINANCE NO. 2006-006 – AN 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. Dr. Lloyd made a motion to approve the Ordinance. Mr. Sayers seconded the motion. Motion carried.

NEW BUSINESS;

Mayor Kirby read RESOLUTION NO. 2006-012 – A RESOLUTION FOR THE CITY OF UNION, KENTUCKY TO ADD AN ADDENDUM TO THE CONTRACT WITH RUMPKE OF KENTUCKY, INC. FOR WASTE COLLECTION AND DISPOSAL SERVICES. Mr. Kelly made a motion to approve the contract. Dr. Lloyd seconded the motion. Motion carried.

Mayor Kirby stated that, in regards to Rumpke, the company tends to pick up his garbage at 5:30-6:00 A.M., which would be in violation of their contract. The city has told them about this numerous times, and it is appropriate that they be told again that the contract reads 7:00 A.M.

Dr. Lloyd has also had a problem with this same issue.

Mr. Burke stated that he is on the committee of the Chamber of Commerce and would like to attend the Chamber meeting on Thursday to display a map of the areas that will get sewers. Mayor Kirby agreed that this would be a good idea.

Public Hearing & Regular Business Meeting of

Union City Commission

MINUTES – July 10, 2006 – Page 5 of 5

ADJOURNMENT:

No further business came before the Commission. Mr. Kelly moved to adjourn the meeting at 8:23 p.m. Mr. Sayers seconded the motion. Motion carried.

Signed this 14th day of August, 2006.

APPROVED: ATTEST:

_____________________ _________________________________

Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer