Special Business
Meeting
CALL TO ORDER: Mayor Don Kirby called to order the Special Business Meeting of the Union City Commission on Monday, March 3, 2008 at 6:31 p.m.
Present: Don Kirby (Mayor) and John Mefford, Todd Sayers, Bob Kelly and John Adams (City Commissioners). Also present were Warren
S. Moore (City Administrator), Barry
J. Burke P.E. (Foppe Technical Group),
Kathy Porter (City Clerk/Treasurer)
and Greg D. Voss (City Attorney). There were fifteen (15) in audience attendance.
MINUTES:
(All Commissioners were provided copies prior to
tonight’s meeting)
Mr. Sayers moved to accept the minutes as
written. Mr. Adams seconded the motion. Motion carried.
TREASURER’S REPORT: Mr. Adams moved to accept
the Treasurer’s Report of February 29, 2008 as presented. Mr. Mefford seconded the motion. Motion
carried.
CORRESPONDENCE: Mayor Kirby read a letter dated 7 February 2008 from
Ryan Nix resident of Cool Springs regarding the need for sidewalks on
CITIZENS/RECOGNITION/PUBLIC COMMENTS:
Mayor Kirby recognized Kevin Hoeben, a Life Scout with Troop 805 working on his Eagle
Scout. Mr. Hoeben is a
Mr. Eugene Becknell, 1588 Sycamore Drive, was present tonight to
inquire whether or not the city received any information after the on-site meeting
that was held with Commissioner Kelly and two (2) of the Drees Company representatives
relating to the issue he is having with a natural drainage problem (springs). Mr.
Becknell restated his position that any subject “spring water” emanating from
Drees property (Harmony Development) be redirected off of his land. Mr.
Becknell was advised that the developer’s engineer and SD#1, the governing
agency regarding storm water have responded to the issue; and, no regulations
exist that would require any more improvements. Attorney Voss advised that this
is a private issue between the property land owners. After much discussion
Mayor Kirby stated that we would speak with the Drees Company and see what they
can do; from a legal perspective there is nothing we can force them to do. We
can make suggestions to see if they can improve the situation.
Mr. Yuzo Kojima, 10104 Russwill Lane, was present tonight to inquire about the location
of the sanitary sewer on his property and wanted to inform us that he has a
private water irrigation system and there is electric conduit and public
drainage in the rear yard and wants to know who is going to pay for putting
this back together after the sewer line is put in? Mr. Burke answered that as
part of the engineering design plans and specifications the location of the
sewer to serve on-site systems is rear lot and most cost effective. The bid
documents have specific language requiring the contractor’s responsibility to
basically restore private property back to the way it was before construction
began.
Mr. Roy Frost,
Special Business Meeting of
MINUTES – March 3, 2008 – Page 2 of 4
of the assessments was not included in the
documents. Attorney Voss explained that the exact assessment amount is not
known until all the acquisitions of the easements are received and that
determination will be made after all the costs associated with the project are
known. We are trying to get all the easements in now so we can get the
construction project started. Mentioning that at this time the City is eligible
for a low interest loan which you can choose to take advantage of, or in the
alternative, pay the assessment amount in full. Citizens that do not want to
sign the easements then legal action would take place in the Circuit Court via
eminent domain which we want to avoid as that would just increase the legal
expenditures in the acquisition of the easements. Attorney Voss said once we
know that number we will send another letter out to the property owners.
Mr. Joey Slone, 10165 Russwill Lane, committed that he is for the sewers and this
is great that the city is helping
Mr. James Bell, 1830 Whispering Trail, mentioned that he attended last month’s
meeting concerning the sewerage and drainage systems along Whispering Trails when
the city commission authorized the city engineer to study and make
recommendations including costs. Mr. Burke reported that the investigation is
still in process regarding the following issues: a) improve child safety for an
open drainage structure located on addresses 1838 and 1834; b) identify
regulations, problems and solutions regarding sewerage clogging for one (1) or
more residential buildings (e.g., addresses 1838 and 1826) via a single tap
connected to the public sewer main; and c) evaluate the magnitude and extent of
excessive flooding problems within the watershed, the existing storm drainage
systems, its causes and possible short and long term solutions. Mayor Kirby
stated that the city will proceed unless there is an objection from the
commission to give approval to do the recognizance work and find out what the
lines look like through there, map them out so that everybody knows where they
are and how they are connected in. The SD#1 should have verification of the
size of lines they are supporting. Mr. Burke commented yes for the public line
but SD#1 could not verify the private lines. Mayor Kirby commented that we will
find out where the private lines are and where they connect in and we can go
from there once we have an assessment as to what the situation is.
Mr. Randy Lovett, 1810 Whispering Trail, mentioned that he also received
the letter regarding the sewer easement and assessment forms in the mail dated February
22 and he doesn’t want to sign the easement until an agreement can be made for compensation
of the easements from the non-benefited owners. Mr. Voss and Mr. Burke will
meet with each effected Whispering Trails home owner individually to take a
look at their specific issues and talk about possible solutions.
CITY ADMINISTRATOR’S REPORT: Warren S. Moore, CAO
Carryover:
o
Spoke with Bill Zanoni, VP of Commercial Development with Continental and
he is still working on coming up with a plan for the Collett property.
o
Midland
LUCA (Local Update of Census Addresses): The City’s part of
the process has been completed.
Transfer of
Special Business Meeting of
MINUTES – March 3, 2008 – Page 3 of 4
Current Issues:
Snow Removal: Getting very few complaints, and interestingly enough, a lot of the
people that are complaining are also complimenting us at the same time in
comparison to what the County done for us in the past. Mayor Kirby commented
that we are paying for it but getting good service. Mr. Moore mentioned that
right now our contractor is about out of salt along with the County and the
State. This late in the season it’s almost impossible to locate other suppliers.
Mayor Kirby inquired about the year-to-date expenditure on the snow removal services
Mr. Moore answered that this information can be found in the Budget Comparison
Report document that they all received in their meeting packet tonight.
Urban Forest Commission: In the next few weeks Mr. Moore will meet with
representatives of the Urban Forestry Commission and inspect the existing US42
plantings to determine which trees will need replanting. We will replace as
many of them as we can, based on budget constraints.
Sanitary Sewers: Easements are coming in. Bids for the project were opened last Friday
afternoon. Mr. Burke will go into the details of that under the City Engineer
Report.
Old Fire District Facility: Met with the City Attorney and Chief Morgan two
weeks ago, along with Jack Nickerson (the Appraiser) to go over the building
once more. The Fire District Board has tentatively accepted the bid.
Daily Complaints/Suggestions: Those complaints not requiring review by either the
City Attorney or the City Engineer have been handled.
PUBLIC WORKS/UNION VISIONING COMMITTEE REPORT: City Commissioner Bob Kelly
Public Works
Snow Removal: Mr. Kelly stated that in regards to the snow removal and the concern
with the salt shortage we should be fine according to the ten day forecast.
Stop Signs: We received a request from Hampshire Home Owners Association to install
two Stop signs at the corner of
Symposium: Mr. Moore had mentioned earlier in his report
regarding the Boone County Planning Symposium and Mr. Kelly commented that he
thinks this is a great idea and it will be held on Thursday, April 17th
10:00 am to 4:00300 pm at the Burlington Library.
Sidewalk Grants: Mr. Mefford reported that the
Intent-to-Apply form has been submitted for the KTC’s Transportation
Enhancement (TE) Program – we received an approval that we could submit a full
application that has to be postmarked by March 20, Mr. Mefford is working with the
city engineer for specific costs and the Northern Kentucky Area Development District
(NKADD) as they have the expertise and the software to download the
applications so that we can get the six applications submitted by the deadline.
Identity for Union: The Visioning Committee is looking for an
identity for city of
CITY ENGINEER REPORT: Barry J. Burke, P.E., P.L.S.
Mr. Barry Burke with Foppe Technical Group
presented the City Engineer’s Report. (All
Commissioners were provided copies of the report including 21 issues dated February
27, 2008 for tonight’s meeting). The following issue was
presented for city commission action.
Sanitary
Sewer Project: Union Collector Sewers there are two phases to this project we call
one Phase A&B and the other Phase C. The Bid Opening was held on February
29th at 3PM at the city building. Warren Moore, Kathy Porter, Barry
Burke and Tim Foster and a total of 13 contractors and suppliers were in
attendance. Mr. Burke provided to the Commission the Bid Tabs for five (5) of
the 11 Contractors that bid on these projects. Also, a Summary of the analyses
recommending that G&T Excavating of Burlington, Ky. be awarded the
Special Business Meeting of
MINUTES – March 3, 2008 – Page 4 of 4
Combined Contract of $855,148.69 for Phases
A&B and Phase C and is considered to be the Lowest Qualified
Bidder subject to a review of the Bid Bonds
by the City Attorney. Mr. Burke reported that from the 23 Plan Holders, a total
of 11 Bids were submitted, opened and read aloud. Bids ranged from a Low Bid of
$855,148.69 to a High Bid of $2,201,868, the low bid was from G & T
Excavating out of
Motion - Union
Sewer BIDS: Motion was made by Mr. Kelly
to accept the Combined Bid amount of $855,148.69 contingent on the City
Attorney reviewing the Bonds from G&T Excavating, Inc and seconded by Mr.
Sayers. Motion carried.
Planning & Zoning – Mr. Kevin Costello, Executive Director, Boone County Planning Commission, was here tonight
to present a proposal before the Commission for soliciting proposals to hire a
retail real estate consultant(s) in order to prepare and execute strategies for
the first phase of development in the Union Town Center Mixed-Use District in
Motion: Mayor Kirby called for a motion to approve
the Boone County Planning Commission creating a Proposal to seek for the position
of a retail real estate consultant(s). Motion made by Mr. Mefford and seconded
by Mr. Adams. Motion carried.
OLD
BUSINESS:
There was none
presented.
NEW BUSINESS: Mayor Kirby gave first reading on the following
Ordinance:
ORDINANCE NO. 2008-001 – AN ORDINANCE APPOVING AND ADOPTING A RESOLUTION OF
THE BOONE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL FOR A REQUEST FOR
ZONING TEST AMENDMENTS TO REGULATE SEXUALLY ORIENTED BUSINESSES. After first reading Mayor Kirby called for a motion to approve. Mr. Adams
made a motion and Mr. Sayers seconded the motion. Motion Carried.
ANNOUNCEMENTS: Next city business meeting: Monday, April 14, 2008,
at 7:30 p.m.
ADJOURNMENT: No further business came before the Commission.
Mr. Kelly moved to adjourn the meeting at 9:05 p.m. and Mr. Mefford seconded
the motion. Motion carried.
Signed this 14th day of April, 2008.
APPROVED:
ATTEST:
________________________ _____________________________
Don Kirby, Mayor Kathy
Porter, City Clerk/Treasurer