Regular Business Meeting
CALL TO ORDER
Mayor Don Kirby called to order the Regular Business
Meeting of the Union City Commission on
Present: Mayor Kirby and City Commissioners
Bob Kelly, John Mefford, Greg Lloyd and Todd Sayers. Also present were Greg D. Voss (City
Attorney), City Clerk Kathy Porter, and Barry J. Burke P.E. (City Engineer).
There were twelve (12) audience attendants.
MINUTES:
Dr. Lloyd made a motion to accept the minutes
of
TREASURER’S REPORT:
Mr. Sayers made a motion to accept the
Treasurer’s Report as of October 31, 2006 as presented. Mr. Mefford seconded
the motion. Motion carried.
CORRESPONDENCE:
None presented.
NEW BUSINESS:
Mayor Kirby addressed the issue of Whispering
Trail residents concerns regarding access of business traffic onto Whispering
Trail. Mrs. Kim Trout stated that she does not understand how, and why, this
situation happened. She stated that a City of
Mr. Kevin Costello, Boone County Planning
Commission, spoke at this point. He stated that there is a Site Plan before the
Commission, which they have not acted on. The people involved have been
informed of the dilemma they are in and plan to go back to the State to
determine what provisions, if anything, were made. The state had given the
opinion that they thought they had access there. They may withdraw the
application and abandon the project; or they may seek some other alternative.
Mr. Costello stated that no one has approved this project and explained that
there are two steps involved in such a project: The Site Plan Review and the
Design Review.
Mayor Kirby stated that there are
applications, and interest in applying, that go to Planning and Zoning many
times but don’t get anywhere. Until a person starts down the process, we don’t
even find out about them. This is a case
where it has not gotten that far yet, and from the perspective of if it did get
that far, we are not going to let a road go in from Whispering Trail to one of
those developments.
Dr. Lloyd stated that on numerous occasions
we have seen quite a feverish hysteria that develops anytime something happens
in these neighborhoods and there are gross exaggerations about many things, so
the only way to clear things up is for the public to come to the city to talk,
and the city can get the right people in to answer whatever questions they may
have.
Mayor Kirby stated that the property in
question is owned by a Mr. Kirby but he is not related to, nor is he acquainted
with, this man. He only became aware of the property owner’s name a few weeks
prior to the meeting.
Mr. Dave Geohegan, Boone County Planning and
Zoning, stated the zoning on the parcel is neighborhood
MINUTES –
office/residential zone that was in place
before the Union Town Plan. The city adopted the zoning recommended by the
Union Town Plan, and also adopted the pre-existing zoning, and combined the
two. Either a residence or an office could go on the site. Mr. Geohegan stated
that it specifically states in the Ordinance that an office built in that zone
cannot have access to Whispering Trail.
Mayor Kirby informed everyone that the
engineering study came back from the state and there will be no light installed
at Whispering Trail.
Kevin Costello stated that they have been
meeting with the state regarding the speed limit on U.S. 42. A speed study will
be done as development occurs and we are in the process of making sure that the
state follows thru on the speed study. We are hopeful that they would
eventually reconsider. The existing speed limit needs to be enforced. Mayor
Kirby stated that each time we ask for a study concerning the traffic light,
each time we are told cordially, that according to their engineering specs and
the study that they did, a light is not required; they encourage us to come
back as often as we like, and they would do the study again, and hopefully we
will eventually get a light there. We will keep going back because we want a
light there. As traffic gets heavier from new development, we will continue our
work on getting the traffic light.
Mrs. Trout stated that she wanted to make
sure that the Whispering Trail issue would be noted in the minutes. Mayor Kirby
assured her that it would be. He also stated that he appreciated everyone
voicing constructive questions and statements. We will work together to make
sure that the development near Whispering Trail, when and if it does happen, is
the appropriate development for the area and that the access does not go thru
there for commercial or office space.
Mayor Kirby stated that we have spoken with
Senator Roeding, and will speak with our new State Representative as well when
they convene in
An audience participant stated that it should
be taken into consideration that they only have one way in and out of
Whispering Trail.
CITY ADMINISTRATOR’S REPORT;
City Administrator Warren Moore was not
present. Mayor Kirby stated that he is recovering from very serious surgery and
we need to keep him and his family in our thoughts and prayers. Hopefully, we
will have him back at full strength very soon.
PLANNING & ZONING:
Mr. Randy Barlow, Planning and Zoning
representative was not present.
Mr. Dave Geohegan, Director of Planning
Services, Boone County Planning and Zoning, spoke at this point. He spoke about
the Union Town Plan and the town center. Mr. Geohegan stated that we have not
painted a picture of what the
Mayor Kirby stated that one of the things
that was found on the Visioning Committee as they were meeting was we have our
Union Town Plan, we have ideas about what we want for the
MINUTES –
developers coming to us with the same old
thing and we must tell them no, that that is not what we are looking for. The
idea is to take that a step further, to come up with a plan of what we want
this to look like and use it as a
marketing tool, to get the right kind of
developer in here, instead of waiting for them to come to us. We need to get the
right type of developer who has the same vision as we do, instead of the same
old thing you normally see for commercial or mixed use development. We want to get a detailed plan of everything
of how we want this town center to look, something that is unique to this area,
with a small town feel, small local owned businesses, if possible a community
theater, lots of green space, very walkable, a place where people can come and
gather. This vision needs to be put into something concrete in order that people
can see it.
Mr. Geohegan stated that we are breaking new
ground for this area.
Mr. Kelly stated that we are like “new
urban.” If you searched the internet for new urban, it would give you an idea.
We tend not to want it to look like
Mr. Geohegan stated that the Union Town Plan
does put out certain perimeters, such as it requires commercial buildings to be
close to the street (sidewalk); parking on the side and rear. These things are
spelled out in the plan.
Mayor Kirby stated that as the state looks at
the relocation and expansion of
Mr. Geohegan suggested getting a consultant
to prepare us a plan. He also suggested getting a better name for the
Mayor Kirby stated that what we would like to
propose, and get approval from the commission, is to further pursue this and
get some names and get to the point where we can take some bids to start
addressing some of these issues. Mr. Costello stated that they could proceed
with putting together an RFP and advertise that. We can see what comes back. He
stated they have worked with KZF Designs before. Mr. Mefford made a motion to
allow the Planning Commission to put together a more detailed RFP to get some
bids in order to carry this process forward. Mr. Kelly seconded the motion. Motion
carried. Mr. Costello stated that they would proceed and have the
information available at the next city business meeting.
Mr. Costello also stated that tree planting
will start along U.S. 42; there will be 140 trees planted. This will be done in
the next two weeks.
Attorney Voss addressed the Haltermon and
Thiessen Annexation. There are two sisters who have houses on property on
MINUTES – November 13,
2006 – Page 4 of 5
CITY ENGINEER REPORT:
Mr. Burke’s monthly report had been provided to the Commissioners prior
to tonight’s meeting. Mr. Burke discussed some items.
Item # 1 (d) – Mr. Burke stated that City Clerk Kathy Porter had
received a letter from the state on the KIA Program. She will follow-up to make
sure they received the report.
Item # 1 (c) – Mr. Burke stated that an “open cut” has been
completed for the first part of the sewer and Eaton Asphalt has done this. It
is expected that the full lane re-surfacing will be done within the next week.
Item # 3 – Mr. Burke addressed the issue of Black Mat on these
streets for the 2006 Street Repair Project. Discussion with Terry Asphalt
Materials stated that the Black Mat will be delayed until the spring of 2007
since their plant recently closed. The cost of this project is locked in.
Invoice for a partial payment has been submitted and recommended for payment.
Item # 5 – Mr. Burke stated that the drainage/safety problem
over the public sidewalks on the four lots along
Item # 6 – Mr. Burke stated that the same type of situation
existed on
Item # 13 – Mr. Burke stated that the
Item # 15 – Mr. Burke addressed the issue of excessive storm
water crossing U.S. 42 from
Item # 16 – Mr. Burke stated that a call was received from
the HOA in terms of a storm water recycle in the vicinity of the rear of Kroger
and
Item # 17 – Mr. Burke stated that a No Outlet sign for
Item # 19 – Mr. Burke stated that an Application for
Encroachment Permit along
Item # 20 – Mr. Burke stated that we have updated the overall
cost of the Union Sewer Collection System for the benefit of continuing to get
more money from the grant program. The general estimate has risen from $879,000
to $1,028,000.
Mrs. Trout asked that at any time if there is
an issue concerning Whispering Trail, if the residents can be notified. Mayor
Kirby stated that that could be done.
Mayor Kirby discussed the Snow Plowing of
City Streets and the Bid Report. Mr. Kelly reported that the bidding process
closed last Thursday at 4:00 p.m. Four (4) bidding packets went out and two (2)
were received. We have 69 streets,
Mayor Kirby asked if we feel comfortable that
these companies have the heavy equipment to do the city streets. Mr. Kelly said
that it could be a huge issue. If it is done right, it is a great service that
the city offers. Mr. Kelly recommended that we really need the county to back
us up on this. Mr. Kelly stated that he feels more comfortable with Spillman. This
issue is up for discussion, perhaps get more bids. Also, someone needs to look
at their equipment.
MINUTES – November 13,
2006 – Page 5 of 5
Mayor Kirby stated that he would like to have
Kenny Crooker or someone from the county involved in this to make
sure we get a contractor who is able to
service our city streets, which is different from a parking lot. Mr. Kelly
stated
that the key is having the county to back us
up. Mayor Kirby stated that a discussion needs to take place, and contact
Mr. Crooker to see if they have used these
contractors.
OLD BUSINESS:
Mayor Kirby inquired about the Thomas Volpenhein unfit structure at
NEW BUSINESS:
Already addressed.
ANNOUNCEMENTS;
Union Board of Adjustment Special Business Meeting, Tuesday, November
14, at 6:30 p.m.
Date for next month’s City Business Meeting: Monday, December 11, 2006,
at 7:30 p.m.
Mr. Kelly stated that the two (2) PODS on Russwill should be removed by
November 11; their contract expires at that time.
Mr. Sayers reported that he contacted Lt. Jim Dennison of the Sheriff’s
Department due to residents at our last meeting from Arbor Springs who
complained about speeding and not seeing a deputy in their area. Lt. Dennison
has issued a cruiser into the Arbor Springs area. One of the intersections they
monitor is
ADJOURNMENT:
No further business came before the Commission. Mr. Kelly moved to
adjourn the meeting at 9:25 p.m. Mr. Mefford seconded the motion. Motion
carried.
Signed this 11th day of December, 2006.
APPROVED: ATTEST:
___________________ _____________________________
Don Kirby, Mayor Kathy
Porter, City Clerk/Treasurer