CITY OF UNION, KENTUCKY

CITY OF UNION, = KENTUCKY

Regular = Business Meeting

MINUTES

April 9, 2007

CALL TO ORDER:= May= or Don Kirby called to order the Regular Business Meeting of the Union City Commis= sion on Monday, April 9, 2007 at 7:30 p.m.

Present: Mayor Don Kirby and Greg Lloyd, = Bob Kelly, Todd Sayers and John Mefford (City Commissioners). Also present were Warren S. Moore, (City Administrator), Greg D. Voss (City Attorney), Barry J. Burke P.E. (City Engineer of Foppe Technical Group), and Kathy Porter (City Clerk/Treasurer).

Audience attendance totaled twelve (12), including Paul McCubbin and Brenna Kelly.

MINUTES: (All Commissioners were prov= ided copies prior to tonight’s meeting)

Mr. Sayers moved to accept the minutes of= March 12, 2007 as written. Mr. Kelly seconded the motion. Motion carried.=

TREASURER’S REPORT: Mr. Kelly moved to ac= cept the Treasurer’s Report of March 31, 2007 as presented. Mr. Sayers seconded the motion. = Motion carried.

CORRESPONDENCE/SPECIAL PRESENTATI= ONS: None were presented.

PLANNING AND ZONING:= Mr. Randy Barlow reported on certified letter he received concerning the request for= a zone change for the old fire house on Old Union Road. The request was for zoning to allo= w an automotive detail facility. They are asking for variances in set-back and a= zone change requirement in building variances. That public hearing will be on Ap= ril 18. Mr. Barlow stated that he will be speaking as an adjoining property own= er.

CITY ENGINEER REPORT: Mr.Barry Burke P.E., P.L.S., Foppe Technical Group. (All Commissioners were provided copies of the report dated April 4, 2007 prior to tonight’s meeting). Mr. Burke provided the Commission with updates = as it related to his report.

Item # 1 (e) – Mr. Burke reported that we are = in the process of having to file a quarterly report as well as getting disbursement back from the state in terms of the CEGG money. Also, it is critical to get an extension for the first of three (3) grants, the $200,00= 0. The balance stands to be lost if we do not extend it by June 30, 2007. Mr. = Alexander, from Foppe Technical Group was present, and Mr. Burke stated that Mr. Alexa= nder is finishing the design.

Item # 3 (a) – Mr. Burke stated that he respon= ded to a “repeat complaint” regarding excessive sump pump water atop the public sidewalk on Gol= den Pond Drive. Mr. Burke stated that this project will= be completed in April before May with Black Mat resurfacing.

Item # 7 – Mr. Burke addressed the issue of the intersection at Russwi= ll Lane with vehicular movements exiting onto Mt. Zion Road. Thi= s has caused a settled embankment directly adjacent to the curb that needs to be filled = with “clay soils embankment material”, trimmed, seeded, mulched and netted. He stated that a call to Spillman Landscaping should solve the prob= lem.

Item # 22 – Mr. Burke stated that the uncompleted sidewalk along Richmond Road has been restored.

Item # 24 – Mr. Burke stated that, thru the= Boone County GIS mapping and its= data base, he had identified and provided to the city and Attorney Voss a listin= g of city streets having both “Posted” and “Unposted” sp= eed limit signs within Hempsteade and Hampshire Subdivisions.

Regular Business Meeting of Union City Commission

MINUTES – April 9, 2007 – Page 2 of 3=

Item # 26 – Mr. Burke stated that Mr. Roger Pulsfort, a resident of Cedarwood Drive, complained about sidewalk “scaling” due to the fact that Boone County was spreading their salt too wide. The coloring had been that way since 1999, now in 2007 the t= op has been scaling off. Boo= ne County assumes no responsibility and the city has no responsibility. Mr. Burke stated that he= has forwarded same recommendation that the sidewalk is still operable.

Item # 27 – Mr. Burke stated that Mr. Moore= and he had responded to a complaint from Mr. Larry Webster regarding the detent= ion pond behind Kroger, in reference to the water elevation. Mr. Burke stated t= hat Mr. Webster’s complaint did not have any water level credibility.

Item # 30 – Mr. Burke stated that he respon= ded to a drainage complaint from Mr. Eugene Bucknell, a Sycamore Drive resident. This invol= ves the Harmony development that Drees is building. Erosion is coming through sinkholes and thru Mr. Bucknell’s property. The Drees Company has sta= ted that someone would place silt fence into the grade or other alternative so = that additional runoff would be caught.

Item # 31 – Mr. Burke addressed the issue o= f a request by Riegler Engineering in behalf of Union Pointe Centre regarding an opinion for acceptance for maintenance of a large storm sewer system. Mr. B= urke submitted a separate opinion relative to this issue. Mr. Burke provided a summary.

Mr. Moore stat= ed that he had talked with Mr. Riegler, also, and agreed with Mr. Burke that t= he majority (actually the 365 acre drainage was 75 acres) of the watershed is = not within the city limits and the city should not have to take it over. Mr. Mo= ore will provide a letter to Mr. Riegler. The opinion was later forwarded to Mr. Riegler for input.

COMM= ISSIONER OF PUBLIC WORKS: Mr. Kelly stated that the stop sign and speed limit sign on Burleigh Lane have been put up.

CITY ADMINISTRATOR: Mr. Moore stated that the first meeting has taken place with KZF, along with Mayor Kirby, Commissioner Kelly and the landowners. The second meeting is scheduled fo= r the 20^th at 2:00 p.m.

Mr. Moore stated that in reference to Tax Software, a lot of research has been done. After attending both the sales presentation and live demonstration, the tax software by Pontem Software appears to meet all of our needs. Mr. Moore will get a quote next week.

Mr. Moore stated that concerning Urban Forestry, the Boone County Arborist inspected the plantings that appeared to have ice storm damage along U.S. 42. The plantings were restaked/straighten= ed and no replantings appear to be needed at this time. Duke Power was able to work around the plantings along the east side of U.S. 42 to Harmony.

Mr. Moore stated that he has signed the agreement with a company to do the asbestos inspection at the Volpenhein ho= use. He will follow-up on a time for the inspection.

Mr. Moore stated that in reference to the Flood Plain Requirements, the updated ordinance required for the federal fl= ood insurance program has been prepared by the city attorney.=

In reference to the 2007-2008 Budget, Mr. Moore stated that he is working on it, and will provide copies to everyone = for their suggestions/questions during the process.

Mayor Kirby discussed the PNC Bank build= ing on Old Union Road. He stated that the building on the corner serves as an anchor for our old t= own area. Attorney Voss stated they could go into Executive Session to discuss = the possible property acquisition/sale of real property of the PNC Bank buildin= g on Old Union Road. The commission went into Executive Session. They reconvened at 8:21 p.m., coming out of the Executive Session and back into the Regular

Business Meeting.

Regular Business Meeting of Union City Commission

MINUTES – April 9, 2007 – Page 3 of 3<= span style=3D'font-size:12.0pt'>

OLD BUSINESS:

Mayor Kirby gave second reading of ORDINANCE NO. 2007= -002 – AN ORDINANCE SETTING THE SPEED LIMIT ON THE STR= EETS OF BURLEIGH, HOLDERNESS DRIVE, WHITTLESEY DRIVE, BRANDSTEAD COURT, HEMPSTEA= DE DRIVE, LAKEPOINTE COURT, LEWIS LANE, WATERSIDE

COURT, LURAWOODS COURT, BAYSWATER DRIVE, CEDARWOOD DRIVE, ASHTON COURT,

WYNDHAM WAY, PEMBROKE DRIVE, EASYM= OOR COURT, GRAFTON DRIVE, FIRESIDE COURT AT TWENTY (20) MILES PER HOUR. Mr. Sayers moved to approve the Ordinance. Mr. Kelly seconded the motion. Motion carried.=

Attorney Voss stated that the last Ordina= nce was prepared due to Mr. Burke’s search throughout the city that found inconsistencies on the speed limit. Everything should be consistent through= out the neighborhood at 20 mph. Mayor Kirby asked if there were any objections = to consistently making all the neighborhood city streets 20 mph. There were no objections.

Mayor Kirby gave second reading of ORDINANCE NO. 2007-003 - AN ORDINANCE REPLACING THE CURRENT CHAPTER 152 OF THE CITY OF UNION, KENTUCKY CODE OF ORDINANCES WITH A NEW UPDATED FLOOD DAMAGE PREVENTION ORDINANCE IN ACCORDANCE WITH KRS 82.082. Mr. Mefford mad= e a motion to approve the Ordinance. Mr. Kelly seconded the motion. Motion carried.=

NEW BUSINESS:

Mayor Kirby recognized State Representati= ve Sal Santoro. Mayor Kirby stated that Mr. Santoro has graciously offered to visit with us. Mr. Santoro stated that he would be stopping in ever so ofte= n.

Attorney Voss stated that complaints have been received about parking in front of mailboxes.

Mayor Kirby stated that there are two (2) vacancies – one for City Commissioner and one for Planning and Zoning. Mayor Kirby stated that there were a few people present who were interested= in these positions and asked if anyone would like to speak. =

Lisa Wilson stated that she was intereste= d in serving as the representative for Planning and Zoning.

Don Davis stated that he would be interes= ted in serving as the representative for Planning and Zoning.=

Patrick Reynolds stated that he would be interested in the City Commissioner vacancy left by Greg Lloyd.<= /span>

ANNOUNCEMENTS:

Mayor Kirby: Date for next monthly meeting will be Monday, May 14, at 7:30 p.m.

City Clerk Kathy Porter: Florence Freedom= Baseball City of Union night of family-friendly entertainment will be held Friday, J= uly 20, at 7:05 p.m.

ADJOURNMENT:

No further business came before the commission. Mr. Kelly moved to adjourn the meeting at 8:35 p.m. Mr. Sayers seconded the motion. Motion carried.

Signed this 14 day of May 2007.<= /span>

APPROVED:=             &nb= sp;            =             &nb= sp;            =             &nb= sp;         ATTEST:

________________________=         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;          ___________= __________________

Don Kirby, Mayor            =             &nb= sp;            =             &nb= sp;            = Kathy Porter, City Clerk/Treasurer