CITY OF UNION, KENTUCKY

Public Hearing (MRA/LGEA Fund)

Regular Business Meeting

MINUTES

June 11, 2007

 

CALL TO ORDER: Public Hearing

Mayor Don Kirby called to order the Public Hearing on the Municipal Road Aid Fund and Local Government Economic Assistance Funds at 7:15 p.m. Mayor Kirby stated that we have this hearing every year to take input from the public as well as the commission as to any particular earmarks for any of the funds. We use these funds for normal infrastructure improvements. There were no special requests for earmarking the funds.  Therefore, it will be used for normal street repairs and improvements.

 

Mr. Sayers made a motion to adjourn the Public Hearing. Mr. Mefford seconded the motion. Motion carried.  The meeting was adjourned at 7:25 p.m.

 

CALL TO ORDER: Regular Business Meeting

 Mayor Don Kirby called to order the Regular Business Meeting of the Union City Commission on Monday, June 11, 2007 at 7:30 p.m.

 

Present: Don Kirby (Mayor) and City Commissioners: Bob Kelly, Todd Sayers and John Mefford.  Also present were Warren S. Moore, (City Administrator), Barry J. Burke P.E. (City Engineer of Foppe Technical Group), and Kathy Porter (City Clerk/Treasurer). Attorney Greg Voss was absent. Attorney Bruce L. McClure was here in place of Attorney Voss.  Audience attendance totaled six (6).

 

MINUTES: (All Commissioners were provided copies prior to tonight’s meeting)

Mr. Mefford moved to accept the minutes of May 14, 2007 as written. Mr. Sayers seconded the motion. Motion carried.

 

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

 

CORRESPONDENCE:

Mayor Kirby read a letter from Kevin Costello, Executive Director, Boone County Planning Commission, regarding the Board of Adjustments term of Terrill Kidwell, whose term expires June 30, 2007. City Clerk Kathy Porter stated that Mr. Kidwell has agreed to serve again in this same capacity.

 

Mayor Kirby stated that we have a vacancy on the city commission left by the resignation of Dr. Greg Lloyd. We received four (4) applicants for the position. Mr. James Logsdon spoke of his desire to serve on the commission. He is retired from Kroger. Ms. Karen O’Sullivan was not present. Mr. John Adams, Whispering Trail, stated that he has been a resident of Union for 17 years. Mr. Matt Grimes has been a resident of Union for eight years and is the owner of Colonial Cottage.

 

EXECUTIVE SESSION:

At this point, Mayor Kirby stated that the commission would go into Executive Session (closed), to discuss the vacant seat, according to KRS 61.80(F).

 

Mayor Kirby reconvened into the Regular Business Meeting after the Executive Session at 7:50 p.m. He thanked all the candidates who had applied for the vacant seat and encouraged those not chosen to stay involved in the community; as the city grows, there will be other committees and opportunities to serve.  A voice vote was taken at this time. Mr. Mefford stated that all were qualified but chose John Adams. Mr. Kelly stated that he likes representation from all over the city and chose John Adams because he lives on Whispering Trail and there is a lot of development going on in his location. Mr. Sayers thanked the applicants and stated that John Adams was his choice also.

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Mayor Kirby read RESOLUTION NO. 2007-013 – A RESOLUTION APPOINTING JOHN PAUL ADAMS TO SERVE A CITY COMMISSIONER FOR THE CITY OF UNION, KENTUCKY, REPLACING GREGORY T. LLOYD WHO HAS RESIGNED. Mr. Sayers made a motion to approve the Resolution. Mr. Mefford seconded the motion. Motion carried.

 

Mayor Kirby administered the Oath of Office to John Adams.

 

CITY ADMINISTRATOR REPORT:

Mr. Moore addressed a carryover item concerning the Union Town Plan. The third meeting was held at the city building on May 24. KZF presented what they have done so far and will return next month with final documentation concerning the brochure.

 

Mr. Moore stated that in reference to the Mt. Zion rebuild, everything stands as it was before between the city, state DOT, Boone County Planning and Zoning, and Jim Collette. The state still intends to do the additional work that was agreed to a couple of months ago but is adamant in staying with their design.

 

Mr. Moore stated that the Tax Software will be purchased as soon as the new budget is passed.

 

Mr. Moore stated that in reference to the Volpenhein house, it still sits as it was. We have spent months trying to find a qualified asbestos inspector; we accepted his bid but have not been able to get a return call.

 

Mr. Moore addressed the current item concerning the 2007-2008 Budget. The budget was done in a very conservative manner.

 

Mr. Moore stated that in reference to the Daily Complaints, they are being handled as they come up.

 

Mr. Moore stated that the projector and screen will be ordered as soon as the new budget is approved.

 

Mr. Moore stated that we have gotten rid of the Symantec’s software on our network. The new AVG software is working better for less money and the computers have not dropped the wireless connection, which had been happening fairly often.

 

Mr. Moore stated that he will be talking with Insight concerning the city’s financial advantage to bundle all services with them.

 

CITY ENGINEER REPORT:

Mr. Barry Burke P.E., P.L.S., Foppe Technical Group. (All Commissioners were provided copies of the report dated June 6, 2007 prior to tonight’s meeting). Mr. Burke asked if there were any questions on the 25 issues, then provided the Commission with some general updates as it related to his report followed by four (4) issues for city commission action.

 

Item # 3 – Mr. Burke addressed the Union 2006 Repair Projects (Indian Hill and Ivy Pond). A separate report was prepared for distribution Four (4) Recommendations were made. Mr. Burke stated that this project was started last fall. Some cost saving innovative things were done in terms of fixing a lot of concrete curb deterioration, gutter removal, and edge and under drain installation. The Black Mat Coating was specified since existing street pavements were good. Indian Hill Drive has some “joint seal” falling out and surface abrasions. Ivy Pond had some areas where the original surface is visible and some surface abrasions. Several complaints from residents were received and documented. Mr. Burke recommended that one (1) of the two invoices, in the amount of $34,981.87, be paid and the other invoice in the amount of $11,553.03 be held until the Invoices are separated by street due to the requirement by state DOT for reimbursement and such time as he is able to meet with the contractor on site and fix the incidental problems. Mr. Burke stated that a one (1) year guarantee should be provided by Terry Industries,

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Inc., a sub-contractor of Jarco. Mr. Moore asked that during the inspection, directly in front of his home location being the first drive way to the left, many people enter Indian Hill, realize they have the wrong street and turn around in his drive way, which has caused deterioration. After more discussion regarding the quality, Mayor Kirby asked Burke if he thought the problems were related to quality of the product or the company applying it. Mr. Burke stated that with the known information, it may be a combination of both. Mayor Kirby stated that the contractor should Not-Be-Paid one (1) cent until the problems are resolved.

 

Mr. Burke stated that Gary Tucker, with Boone County Public Works, had advised that an expert in this area be contacted for an opinion. The contact is employed with American Pavements, Inc. An opinion will be forwarded back to the city. The original recommendation to pay Invoice #6628 will be delayed.

 

Item # 3(c) – Mr. Burke addressed the issue of a complaint of excessive sump pump line drainage at 10099 Golden Pond Drive (Mark Hadley). This request relates to the city’s  Resolution 2006-010 where the city’s cost sharing should not exceed 4 times the sum of the costs paid by the benefited property owners for connecting their sump pump lines and roof leaders to a side drain system along the street. Mr. Hadley stated that it has been very dry, but during a rainy period of time he has problems with drainage. Mr. Kelly stated that the cost to the city to repair this problem would be $4,320. This figure is based upon an average cost that Boone County Public Works would bill the city. Mr Hadley questioned where Mr. Burke came up with a $1,000 figure for private work at the last meeting. Mr. Burke stated that using a private contractor, the homeowner cost would be about $480 per line per homeowner, if several homeowners went together to pay the same contractor. If three (3) owners connect using the standard cost of $480 each or $1,440 X 4 = $5,760, then the city’s Resolution would be satisfied. If a contractor performs the work for only one (1) owner, the costs could be higher. The $1,000 was stated to cover the added costs unknown. If only two (2) owners agree to connect to the system (e.g, 2 X $480 X 4 or $3,840, then compliance with the Resolution will be short by $480. Further city action will be required upon request. Mr. Burke will forward a sketch plan and a listing of contractors willing to perform the work to Mr. Hadley.  

 

Item # 16 – Mr. Burke reported on the Speed Limit Signage changes. Using the Boone County GIS mapping confirmed by field checks, an inventory of streets and speed limit signs was completed. A total of 20 streets and 44 signs were affected. If the city passes Ordinance # 2007-005 later on the agenda, all existing speed limit signs (25 mph) will be replaced and reposted with new speed limit signs (20 mph). This also may relate to Ordinance 2007-002.

 

Mayor Kirby stated that it would be feasible to be consistent with the limit being 20 mph, with the exception of Old Union Road, which would be 35 mph.

 

Mr. Burke will coordinate with BCPW to begin the process of repainting the signs.

 

Item # 23 – Mr. Burke addressed the John Kirby development at the intersection of Whispering Trail and Relocated U.S. 42. In December 2006 there was an Encroachment Permit submitted for that request to access Whispering Trail. The action the city took in December was a denial, based on Ordinance No. 2000-007, relating to language in the Boone County Zoning Ordinance applicable to the City of Union. Section 2535 of the Zoning Code states “and shall not be accessed form Whispering Trails”. Mr. Burke stated that the city may have has two (2) options related to this situation – Deny the new Encroachment Permit (2007-002) or approve the Encroachment Permit (2007-002) subject to certain conditions. In either case the city may be subject to legal implications if the zoning code isn’t changed.

 

Mayor Kirby stated that Attorney Voss would do some extensive research on the Kirby property.

 

PLANNING & ZONING:

Mr. Patrick Reynolds, City of Union Representative, was not present.

 

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PUBLIC WORKS/UNION VISIONING COMMITTEE:

Mr. Kelly reported that the Visioning Committee is in the early stages of planning a community event. The focus of the event would be to explain, inform and gather support for the Union Town Center. Date, time and location to be announced.

 

OLD BUSINESS:

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 ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT.  Mr. Kelly made a motion to approve the Ordinance. Mr. Sayers 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. Sayers made a motion to approve the Ordinance.  Mr. Mefford seconded the motion. Motion carried.

 

 

NEW BUSINESS:

Mayor Kirby read ORDINANCE NO. 2007-006 – AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008 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 the Ordinance. Mr. Sayers seconded the motion. Motion carried.

 

Mayor Kirby read RESOLUTION NO. 2007-014 – A RESOLUTION APPOINTING BOB KELLY AS THE CITY OF UNION, KENTUCKY, MAYOR PRO TEM.  Mr. Mefford made a motion to approve the Resolution. Mr. Sayers seconded the motion. Motion carried.

 

Mayor Kirby read RESOLUTION NO. 2007-015 – A RESOLUTION REAPPOINTING TERRILL L. KIDWELL TO THE CITY OF UNION BOARD OF ADJUSTMENTS.  Mr. Kelly made a motion to approve the Resolution. Mr. Adams seconded the motion. Motion carried.

 

Mayor Kirby read ORDINANCE NO. 2007-007AN ORDINANCE TO PROVIDE FOR THE ORDERLY SUCCESSION OF OFFICE OF MAYOR IN THE EVENT OF THE ABSENCE OR DISABILITY OF THE MAYOR. Mr. Sayers made a motion to approve the Ordinance. Mr. Adams seconded the motion. Motion carried.

 

ANNOUNCEMENTS:

Date for next regular business meeting will be Monday, July 9, 2007 at 7:30 p.m.

 

ADJOURNMENT:

No further business came before the commission. Mr. Mefford moved to adjourn the meeting at 9:06 p.m. Mr. Sayers seconded the motion. Motion carried.

 

Signed this 9th day of July 2007

 

APPROVED:                                                                        ATTEST:

 

________________________                                                        _____________________________

Don Kirby, Mayor                                                               Kathy Porter, City Clerk/Treasurer