CITY OF UNION, KENTUCKY

CITY OF UNION, = KENTUCKY

Regular = Business Meeting

MINUTES

May 14, 2007

CALL TO ORDER:= May= or Don Kirby called to order the Regular Business Meeting of the Union City Commis= sion on Monday, May 14, 2007 at 7:30 p.m.

Present: Don Kirby (Mayor) and City Commissioners: Bob Kelly, Todd Sayers and John Mefford. Also present were Wa= rren 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 three (3).

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

Mr. Mefford moved to accept the minutes o= f April 9, 2007 as written. Mr. Sayers seconded the motion. Motion carried.=

TREASURER’S REPORT: Mr. Mefford moved to = accept the Treasurer’s Report of April 30, 2007 as presented. Mr. Kelly seconded the motion. M= otion carried.

CORRESPONDENCE:

Mayor Kirby acknowledged receipt of the resignation of Randy Barlow as the city’s Planning and Zoning Representative, effective April 13, 2007.

Mayor Kirby read a letter dated May 9, 20= 07, from Arlinghaus Builders LLC regarding the request from several residents of Braxton Drive to close the right-of-way area between Braxton Drive and property owned by Arlinghaus. Mayor Kirby stated that this issue would be discussed further during the City Engineer’s Report.

CITY ADMINISTRATOR REPORT:

Mr. Moore addressed the Union Town Plan. = The second meeting was held with representatives from the city, Boone County Planning and Zoning, the consultant and the major property owners. The consultants reviewed the information on the direction of the project, which appeared to be fairly well what we expected. The next meeting is scheduled = for the end of May. The final output should be presented in June, at which time= we will have a concrete vision of what will be built.

Mr. Moore stated that in reference to the= Mt. Zion rebuild, the city, state DOT, Boone County Planning and Zoning, and Jim Collette met. The state still intends to do the additional work that was ag= reed to a couple of months ago but is adamant in staying with their design.

Mr. Moore stated that the Tax Software wi= ll be ordered as soon as a few items are ironed out and should be completed be= fore tax season begins.

Mr. Moore stated that in reference to the Volpenhein house, he has sent the bid to the asbestos inspection company in= Cincinnati. After= an inspection time has been set up, we can proceed with demolition.=

Mr. Moore informed that the Flood Plain Requirements Ordinance needed for federal flood insurance program had been prepared by the city attorney and was passed and approved at the April busi= ness meeting.

Mr. Moore stated that in reference to the Sexually-Oriented Business (SOB), the city attorney represented us on this = with the county and had prepared an ordinance for the meeting.

Mr. Moore stated that he is still working= on the 2007-2008 Budget and should have something to present by the end of next week. He stated that he had prepared an amended budget for tonight’s meeting.

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Mr. Moore stated that the Daily Complaints/Suggestions that have not needed the involvement of the city attorney or city engineer have been handled. He is still working on the iss= ue of two (2) abandoned cars, one each on Whispering Trail and Braxton Drive.

CITY ENGINEER REPORT:

Mr. Barry Burke P.E., P.L.S., Foppe Technical Group.= (All Commissioners were provided copies of the report dated May 9, 2007 prior to tonight’s meeting). Mr. Burke provided the Commission with updates = as it related to his report.

Item #3 (c) – Mr. Burke responded to a questi= on from Commissioner Bob Kelly concerning reimbursement of KYTC funds for Ivy Pond. It was estimated that approximately $27,100 of the work qualified for reimbursement under this program to be completed in May. If the balance of = the $50,000 grant was NOT used, it would be returned to the DOT program for reallocation and future opportunity.

Item #1(a) – Mr. Burke addressed the 36-inch Union Interceptor Sewer and the cross-culvert replacement by Howell Contrac= tors along Old Union Road. Rather than replace per the conditions forwarded, the contractor is in the process of tunneling under the culvert and maintaining the original concrete structure.

Item #1(b) – Mr. Burke stated that the sanit= ary sewer plans are nearing completion, However, by making some final design changes now (i.e., relocating the “bore and jack crossing” under Relocated US 42 closer to Mt. Zion Road, constructing at a shallower depth)= , we are trying to make sure that the design for the Sanitary Sewer System is the most cost effective design and added savings for the city.

Item #1(d) – Mr. Burke stated that now that = we are approaching completion of Phase A and Phase B he is suggesting city authorization to begin on design plans for Phase C for Russwill Drive. Without a guarantee= , it is assuring that additional grants or loans will be available form the KIA program(s).

Item #3(b) – Mr. Burke addressed the sump pu= mp issue from Mark Hadley on = 10099 Golden Pond Drive. An initial inspection revealed tha= t more than one (1) resident must agree to connect sump pump lines to a public dra= in system to comply with the city’s Resolution 2006-010.

Item #5 – Mr. Burke addressed the drainage problem over public sidewalks along Lakepoint Drive, where edge drains and leader pipe have = been installed within the public right-of-way. Mayor Kirby stated that two-third= s of the project has been completed.

Item #7 – Mr. Burke recognized the compla= int regarding the Russwill Dri= ve intersection. Mr. Moore stated that the mulch and a large stone placed may = have generated more complaints. If this application doesn’t solve the prob= lem it was recommended that the settled embankment be filled with clay soil embankment material, with placement of field stone along the bank to afford visual benefit to restrict vehicles to stay within the pavement turning rad= ius.

Item #11 – Mr. Burke stated that the storm water overtopping U.S.42 across from the library has been remedied.

Item #14 – Mr. Burke addressed the ConSpan Bridge at Union Pointe Centre, in reference to the various types of railings. Some details regarding Timber h= ave been submitted. A response will be made.

Item #17 – Mr. Burke addressed the city’s speed limit signs within Hempsteade and Hampshire subdivisions= . Questions regarding an Interlocal Agreement, the BC Traffice Committee, unposted stre= et segments and an engineering study remain following discussion with BCPW off= icials. Attorney Voss stated that he would need to review the Interlocal Agreement.=

Item #20 – Mr. Burke stated that he had sp= ent some time with Mr. Eugene Becknell of Sycamore Drive, in reference to adjacent property that = he is trying to get Drees to do something on his land, a legal question. =

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Item #27 – Mr. Burke stated that he had ph= otos concerning the soil settlement/catch basin problem along Willowbrook Court, in Ivy Pond Subdivision. Discussion with a BCPW official indicated this problem has actually been caused by an adjacent property owner. There is a child safety issue present. The issue was forwarded to BCPW for repair. Upon completion,= the invoice should be forwarded to property owner at 1836 Willowbrook Court.<= /span>

Item #30 – Mr. Burke stated that authoriza= tion has been given for an existing culvert removal and replacement under Old Union Road near the St. E. Union Diagnostic Center as part of the “in-road” sew= er construction by Howell Contractors. This is the same issue discussed in item 1.a) where existing structure was tunneled under and maintained.

Item #3. (b) – At this point, Mr. Hadley spoke regarding a sump pump issue at his home at = 10099 Golden Pond Drive. He stated that he has no wh= ere to drain it, and that it floods the area between his and his neighbor’= ;s house. Mr. Burke referred to Resolution No. 2006-010 that was passed some t= ime ago.

Mayor Kirby st= ated that he would like for Commissioner Kelly to look at this situation, with M= r. Burke, and report back to the commission so the issue can be addressed as s= oon as possible.

Item #31. - Mr. Burke asked if the Seltman Drive issue regarding the unimproved public right-of-way would be addressed added later= to the agenda and not documented in the city engineer report. Adjacent resident John Bain spoke on this issue. He stated that he is trying to get the right= -of-way closed between Braxton Dri= ve and property owned by Arlinghaus, where there is a planned street and a mis= sing sidewalk. Mr. Burke stated that plans were submitted by Arlinghaus to insta= ll the street stub within Arbor Springs to the unimproved public right-of-way = of Union Village Subdivision. The Boone County Engineer holds a guarantee (a surety of bond) from the original developer Scheben. Following discussions = with the fire department knowing that several other access points have been installed, Chief Morgan doesn’t have a serious problem if the street connection was not required. The city has considered the options regarding connecting or not connecting the street and the missing sidewalk. Mr. Burke will seek a letter from Chief Morgan in this regard.

Attorney Voss = will call Kevin Costello and get his position on this issue. <= /p>

Item 1. (d) - Mr. Burke again addressed the issue of design plans for new sewers along Russwill Lane, otherwise referred to as Phase C of the city’s S= ewer Collector System. This issue was addressed in previous meetings and a letter mailed to Ms. Chesser. Following discussions regarding the positive assuran= ce of more grants, but without a guarantee and the issue regarding having to do the work sooner or later, the city commission agreed to authorize FOPPE Technical Group, Inc. to begin Phase C for the design of the sewers. It is estimated that surveying and engineering fees would be approximately $25,00= 0 to $35,000, of which a portion should be reimbursed by the KIA programs simila= r to Phase A and B, now approaching completion.

COMM= ISSIONER OF PUBLIC WORKS:

Mr. Kelly reported on street signs and street lights. Signs that have been spray painted will be replaced. Mr. Say= ers reported that several stop signs have been painted in Arbor Springs on Richmond Road.

OLD BUSINESS:

None was reported.

NEW BUSINESS:

Mayor Kirby spoke about the vacancy left = by Randy Barlow for the Planning and Zoning Commission. Mr. Patrick Reynolds introduced himself as being interested in the vacancy. Mayor Kirby asked if anyone on the commission knew of anyone else who was interested in this pos= ition. Mayor Kirby stated that he had spoken to Mr. Reynolds about this position, = and stated that if there are no objections, he would like to appoint Patrick Reynolds to the

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Boo= ne County Planning Commission. = There were no objections.

Mayor Kirby read RESOLUTION NO. 2007-012 – A RESOLUTION APPOINTING PATRICK REYNOLDS TO SERVE ON T= HE BOONE COUNTY PLANNING AND ZONING COMMISSION ON BEHALF OF THE CITIZENS OF THE CITY OF UNION, KENTUCKY REPLACING RANDY BARLOW, WHO HAS RESIGNED. Mr. Kelly made a motion to appoint = Mr. Reynolds to the planning commission. Mr. Sayers seconded the motion. Mot= ion carried.

Mayor Kirby read ORDINANCE NO. 2007= -004 – AN ORDINANCE AMENDING THE CITY OF UNION, KENTUCKY ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2006 THROUGH JUNE 30, 2007 ESTIMA= TING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT. Mr. Sayers ma= de a motion to pass the Ordinance. Mr. Mefford seconded the motion. Motion carried.

Mayor Kirby read ORDINANCE NO. 2007= -005 – AN ORDINANCE SETTING THE SPEED LIMIT ON THE DEDICATED STREETS OF THE CITY OF UNION, KENTUCKY AT TWENTY (20) MILES PER HOUR= . Mr. Mefford made a motion to pass the Ordinance. Mr. Sayers seconded the motion. Motion carried.

Mayor Kirby read RESOLUTION NO. 2007-009 – A RESOLUTION ACCEPTING THE BID OF SPILLMAN LAWN CARE TO PROVIDE LANDSCAPING/MOWING SERVICES IN THE CITY OF UNION COMMENCING MAY 14, 2007 THROUGH DECEMBER 31, 2008 AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SPILLMAN LAWN CARE. Mr. Sayers made a motion to accept = the Resolution. Mr. Kelly seconded the motion. Motion carried.

Mayor Kirby read RESOLUTION NO. 2007-010 – A RESOLUTION OF THE CITY OF UNIO= N, KENTUCKY ACCEPTING THE GRANT, APPROVING THE GRANT AGREEMENT, AUTHORIZING THE AMENDME= NT OF LOCAL BUDGET, AND AUTHORIZING A REPRESENTATIVE TO SIGN ALL RELATED DOCOM= ENTS REGARDING SX2101500, GRANT I.D. #209N-200. Mr. Kelly made a motion to accept the Resolution. Mr. Sayers seconded the motion. Motion carried.

Mayor Kirby read RESOLUTION NO. 2007-011 – A RESOLUTION EXPRESSING APPROVAL FOR THE ORDINANCE ADO= PTED BY BOONE COUNTY FISCAL COU= RT REGULATING SEXUALLY ORIENTED BUSINESSES. Mr. Sayers made a motion to accept = the Ordinance. Mr. Mefford seconded the motion. Motion carried.

ANNOUNCEMENTS:

Date for next regular business meeting will be Monday, June 11, 200= 7 at 7:30 p.m.

Public Hearing on the use of the Municipal Road Aid & Local Government Economic Assistance Funds will be held prior to the regular busi= ness meeting next month on June 11, 2007, at 7:15 p.m.

ADJOURNMENT:

No further business came before the commission. Mr. Kelly moved to adjourn the meeting at 8:46 p.m. Mr. Sayers seconded the motion. Motion carried.

Signed this 11^th day of June 200= 7

APPROVED:=             <= span style=3D'mso-tab-count:5'>        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; ATTEST:

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

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