Public Hearing and Regular Business Meeting
CALL TO ORDER: Public Hearing:
Mayor Don Kirby called to order the Public Hearing to discuss the tax rates for 2007-2008 Fiscal Year on Monday, September 10, 2007, at 7:15 p.m. The rate targeted was .217 per $100 assessed value, down from last year, which was .221 on real property tax. Personal property tax will go down from .199 to .188. Mayor Kirby asked for comments or suggestions from the audience; there was none. Mr. Kelly moved to adjourn the public hearing. Mr. Mefford seconded the motion. Motion carried. The Public Hearing adjourned at 7:21 p.m.
CALL TO ORDER: Regular Business Meeting:
Present: Mayor Don Kirby and City Commissioners Todd Sayers, Bob Kelly, John Mefford and John Adams. Also present were Barry J. Burke P.E. (Foppe Technical Group), Kathy Porter (City Clerk/Treasurer) and City Attorney Greg Voss.
Audience attendance totaled 33.
MINUTES: (All Commissioners were provided copies prior to tonight’s meeting)
Mr. Sayers moved to accept the minutes of August 13, 2007 as written. Mr. Adams seconded the motion. Motion carried.
TREASURER’S REPORT: Mr. Kelly moved to accept the Treasurer’s Report of August 31, 2007 as presented. Mr. Adams seconded the motion. Motion carried.
CORRESPONDENCE:
Mayor Kirby read an email dated August 23, 2007, from Julie Moldt, regarding access to the Kirby commercial property via Whispering Trail.
Mayor Kirby read a letter dated August 7, 2007, from Mike Weisman, regarding the achievements and service of Eagle Scout Kevin Weisman. Mayor Kirby stated that the city would prepare a proclamation.
Mayor Kirby read a letter dated August 31, 2007, from Sharon Bellan, a member of the Board of Adjustments, in which she tendered her resignation effective immediately. This position will need to be filled.
Mayor Kirby read a letter dated September 2, 2007, from Florence Fran Cheser, regarding the Russwill Lane sewer connection.
Mayor Kirby read an email dated September 7, 2007, from Gerald A. Cummins, regarding access via Whispering Trail.
REPORTS OF CITY OPERATIONS:
CITY ADMINISTRATOR’S REPORT:
Carryover:
Mr. Warren Moore reported that in reference to the Union Town Plan, there was no change.
In reference to Mt. Zion Rebuild, there was no change.
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In reference to the Tax Software, it is operational.
In reference to the Volpenhein House, the asbestos inspection took place on August 15; the laboratory results were negative. Bids for demolition will be published.
In reference to Midland Atlantic, the development has been difficult to put together. They have been informed by our city attorney to continue working their plan thru the Boone County Planning Commission.
In reference to Telephony, the switchover should take place in the next couple of weeks.
In reference to the John Kirby Development, there was no change.
In reference to the Traffic Control, there was no change.
In reference to the Fingerprinting, we are still waiting on the Boone County Sheriff’s Department to schedule time for instruction on the process.
Current:
Mr. Moore reported on the LUCA partnership. He stated that the city would let Kevin Costello be our liaison.
COMMISSIONER OF PUBLIC WORKS:
Mr. Kelly addressed the issue of work orders sent to Boone County Public Works, pertaining to signs.
Mr. Kelly stated that The Taste of Union would be Saturday, September 22 and that the city had been invited to set up a booth for this event.
PLANNING AND ZONING:
Mr. Reynolds was not present.
CITY ENGINEER REPORT:
Mr. Barry Burke with Foppe Technical Group presented the City Engineer’s Report. (All Commissioners were provided copies of the report dated September 4, 2007 prior to tonight’s meeting).
Items # 1(a, b, c) – Mr. Burke stated that the sewer interceptor by Sanitation District No. 1 was proceeding. We are moving forward on the design of the unsewered residents of Union.
Item # 2 – Mr. Burke stated that the Old Union Road transfer to Union was still pending. The state highway department is busy doing other things.
Item # 30 – Mr. Burke stated that in reference to public works, Commissioner Kelly has indicated that they are busy with other things. In the past, what they have done was help the city with work orders then bill for services. Mr. Burke stated that now it would be best to contact the low bidder and contract with them.
OLD BUSINESS:
Second Reading of ORDINANCE NO. 2007-008 – AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF UNION, KENTUCKY. Mr. Mefford moved to approve the Ordinance. Mr. Sayers seconded the motion. Motion carried.
NEW BUSINESS:
Tabled ORDINANCE NO. 2007-009 – AN ORDINANCE SETTING THE GENERAL SPECIFICATIONS FOR THE DEMOLITION OF UNFIT STRUCTURES AND/OR OTHER RELATED PROPERTY
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LOCATED IN THE CITY OF UNION, KENTUCKY. Mayor Kirby stated that this lengthy Ordinance would be tabled to be read at the October business meeting.
First Reading of ORDINANCE NO. 2007-010 – AN ORDINANCE LEVYING AND FIXING THE TAX RATES OF THE CITY OF UNION, KENTUCKY, FOR THE FISCAL YEAR 2007-2008; LEVYING SAID TAX UPON REAL AND TANGIBLE PROPERTY; FIXING THE DATE OF PAYMENT, DISCOUNT PAYMENT, DELINQUENCY AND INTEREST CHARGES; FIXING THE PURPOSE THEREFORE; AND SETTING FORTH THE PROCEDURE FOR COLLECTION OF TAXES. Mr. Adams moved to approve the Ordinance. Mr. Sayers seconded the motion. Motion carried.
Mayor Kirby asked if there was any other new business before discussion on the Whispering Trail issue. There was no other new business.
Mayor Kirby stated that there were a number of people present in regard to Whispering Trail. He stated that if anyone would like to speak, to raise their hand, try to keep to the point, and stick to the facts. He stated that he could speak for everyone on the commission by saying they are honest, hardworking people, not out to get anyone. He only wanted to hear discussion that is not based on emotion, hearsay or rumor, but based on fact and reality.
Karen Franxman addressed the commission. She stated that there are questions they would like answered. She stated that Whispering Trail is a no outlet street and is heavily populated with children of all ages. She asked if no one has the right to land lock property, how can the state land lock property. Attorney Voss stated that the state has regulations on access, and Mr. Burke stated that 600-800 feet is the adequate spacing. Attorney Voss stated that when we passed the ordinance, we attempted to divert the traffic onto U.S. 42, but since we were unable to have that done because of the state, it was created by the city. We tried everything we could to avoid having traffic on Whispering Trail.
Ms. Franxman asked about an easement on the Quinn property. Attorney Voss stated that he had spoken with Kelly Brown, a resident on Whispering Trail and real estate attorney, and this was not an alternative.
Ms. Franxman asked what restrictions the Union Town Plan has on how many tenants would be allowed in the office building. She was told that it possibly could be a slab building, with three (3) tenants, with 18 parking spaces, with 5600 square footage.
The residents do not want a daycare on this site.
Ms. Franxman stated that Mr. Kirby developed the first portion of Whispering Trail and each resident was given a deed restriction at closing. The question was is Mr. Kirby’s property part of the deed restrictions that he made and is he bound by any of them. Attorney Voss stated that deed restrictions are private and something that the city does not get involved in.
Ms. Franxman asked if Mr. Kirby has had an offer from the state to condemn the property, if this would be an option. Mr. Kirby’s attorney, C.J. Vickers, was present and stated that they have had no offer from the state.
Ms. Franxman stated that the residents would like to have something that would make it obvious that Whispering Trail is a no outlet kind of residency, some type of entry wall, as at Plantation Pointe or Harmony.
The residents wanted to know how the development would impact their property values – could anyone ensure the values would not go down. Attorney Voss stated nothing could be ensured at this point. There is no answer now, but the legalities would be looked into.
Ms. Franxman addressed the issue of the area being a four way intersection now, and with all the new development,
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asked about a traffic light being installed at that intersection. Attorney Voss stated that we have made a request for a traffic light there but that is not our decision to make. The commission will continue to stress the need for a light.
Mayor Kirby stated that with more development in that particular area, the traffic light will come faster, but as a city, even though we pay the electric bill, we cannot decide whether or not to install it. The state makes that decision. In some cases, with the state, it often takes someone getting hurt before they act.
Mr. Moore interjected that the state mostly installs traffic lights after a fatality has taken place. They work strictly on traffic counts.
Ms. Franxman stated that she believed a state official as well as a state highway official should be present for the next city meeting. Mayor Kirby stated that a request would be made for Sal Santaro to be present.
Mayor Kirby further explained the Ordinance that was passed seven (7) years ago pertaining to the Union Town Plan. The city is in a situation where the state takes precedence over us and our Ordinance is in conflict with the state. In our constitution, property rights come almost above everything else. The property in question has been zoned commercial for at least thirty (30) years; it had been a sewer plant in the past. This is a situation where we want to do the right thing. Mayor Kirby stated that he did not feel comfortable voting on Ordinance No. 2007-011 at this time because he would like to have another month to explore ramifications involved, take another look at it, give them an opportunity to speak with the Quinns, and see if we can come up with a better solution than this ending up being a legal battle between the city and Whispering Trail residents, or the city and Mr. Kirby. If it does come to the point where we do not have a choice and this is going to happen, the city, the citizens on Whispering Trail and Mr. Kirby can be able to work together to come up with the best solution. ORDINANCE NO. 2007-011 tabled until next month business meeting.
Mayor Kirby asked if any Boy Scouts wanted to be recognized. Paul Parmele stated that he was there with a group from Troop 702, from St. Timothy Church, who are working on their merit badges. They introduced themselves. Mayor Kirby thanked them for coming, hoped that the Troop had enjoyed their visit and had learned something from the meeting.
ANNOUNCEMENTS:
Date for next month’s regular business meeting: Monday, October 8, 2007, 7:30 p.m.
The November meeting date is the day after Veterans Day. That Monday is a State and Federal Holiday. The meeting was scheduled for Tuesday, November 13, at 7:30 p.m.
ADJOURNMENT:
No further business came before the commission. Mr. Mefford moved to adjourn the meeting at 9:01 p.m. Mr.
Sayers seconded the motion. Motion carried.
Signed this 8 day of October, 2007.
APPROVED: ATTEST:
________________________ _____________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer