Regular Business Meeting
CALL TO ORDER: Mayor Don Kirby called to order the Regular Business Meeting of the Union City Commission on Monday, May 12, 2008 at 7:30 p.m.
Present: Don Kirby (Mayor) and Todd Sayers, Bob Kelly and John Adams (City Commissioners). Also present were Barry J. Burke P.E. (Foppe Technical Group), Warren S. Moore (City Administrator), Kathy Porter (City Clerk/Treasurer) and Greg D. Voss (City Attorney). Absent: John Mefford (City Commissioner). There were twelve (12) in audience attendance.
MINUTES: (All Commissioners were provided copies prior to tonight’s meeting)
Mr. Adams moved to accept the minutes as written. Mr. Sayers seconded the motion. Motion carried.
TREASURER’S REPORT: Mr. Sayers moved to accept the Treasurer’s Report of April 30, 2008 as presented. Mr. Kelly seconded the motion. Motion carried.
CORRESPONDENCE: Mayor Kirby read a letter dated May 7, 2008 from Governor’s Office for Local Development, Jennifer R. Chandler Executive Director Office of State Grants. Enclosed was a check in the amount of $124,226.00 for the Community Economic Growth Grant (CEGG) “Union Sanitary Collector System” Project.
City Attorney Greg D. Voss reported on the correspondence we received from Insight and Cincinnati Bell requesting a cable service franchise agreement that he has spoken to both companies and they indicated that there are some time lines and they are willing to work with us and will be dealt with fairly.
CITIZENS/PUBLIC COMMENTS: There were no comments.
REPORTS OF CITY OPERATIONS:
CITY ADMINISTRATOR’S REPORT: Warren S. Moore, CAO
Carryover:
Union Town Plan: Still receiving little response to the package mailings. Dave Geohegan with Boone County Planning is in the process of locating additional developers, to whom we will send our information.
Midland Atlantic: As you are aware, the Boone County Planning Commission turned down the zoning request for the "Galleria at Union." Mr. Moore was informed that the vote was 6 to 3 against.
Transfer of Old Union Road to the City: Even though we have not received the actual paperwork on the roadbed transfer to the City, the State has confirmed that the transfer has taken place, and we should consider it ours from a maintenance standpoint.
Current Issues:
Snow Removal: The snow season is over, and for the first time we had to foot the entire bill. While it was extremely expensive in comparison to years past when the County did our work for us, it was still extremely cheap when compared to the initial cost of purchasing our own equipment and hiring staff to operate it. While we are eventually going to have to invest in starting our own public works department, at the present time contracting the work out is a more fiscally responsible solution.
Urban Forest Commission: At the beginning of the month, the Urban Forestry Commission walked the entire planting area along U.S. 42 and determined that nearly all of the landscape trees were lost to the late freeze and drought during the summer. We are estimating that replanting those trees will run around $35,000, which we will use from the $50,000 that was to go toward the trees along the Northern part of U.S. 42. We are developing a maintenance program to handle watering should the drought persist. As far as the northern stretch is concerned, we will provide funds based on budget constraints.
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Sanitary Sewers: Easements are still coming in more slowly than we would like. All permits have been issued, the contract with G&T has been signed, and we have completed/mailed the paperwork for the first draw against the Grants. Both the City Engineer and the City Attorney can provide more detail.
Old Fire District Facility: The loan has been approved by Kentucky League of Cities to purchase the facility. Mr. Moore suggested that we use some of the General Fund to pay off the existing PNC lease/purchase on the City Building. The outstanding balance is about $14,800.
Budget: The final Amended Budget for FY 2007/8 is on tonight's agenda. I have begun work on the FY 2008/9 budget.
Cable Franchise: Attorney Voss already reported on this earlier in tonight’s meeting.
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: Bob Kelly, City Commissioner
Mowing: Mr. Kelly reported that the property at 1957 Arbor Springs Blvd. needs mowed and a letter will be sent. Also, there is a stormwater problem regarding sidewalk safety at 1957/1961 Arbor Springs Blvd. City Engineer Barry Burke will inspect and report back. Mr. Kelly reported on the property at Russwill Lane where there is accumulation of old tires, a camper unit in driveway and high grass.
Roads: Mr. Kelly inquired about how the resurfacing looks on Indian Hill. Mr. Moore reported that there are one or two spots on Indian Hill Drive that needs re-surfacing where the snow plow blade took some of the surface off down to the concrete. Mr. Burke said this is re-patchable.
Visioning Committee: Working with the County regarding the request and receipt of proposals for consulting services on Economic Development Firm. Today was the final day for receiving proposals for the Union Town Center and interviews will probably be conducted around May 19-23.
Developers Symposium: Reported that there were six good speakers and was very well attended.
Excess Parcels and Gateways: Attorney Voss has contacted Kevin Costello for assistance regarding the triangle excess parcels of land South and North end of US Hwy 42 that is owned by the Kentucky Transportation Cabinet. Attorney Voss will continue to work on this.
TEA 21 Grant: We should receive notification before the end of summer 2008 as to whether or not the Union Pedestrian Enhancements (Sidewalk) Project will receive funds.
Firehouse: We are scheduled to close on the purchase of the property at 10087 Old Union Road by the end of this month and would like to take a tour of the facility to determine needs and identify uses, future events etc.
Ryle Football Stadium Renovations: It was suggested that the City could purchase a brick with the City name. The renovations are anticipated to be completed by the end of August. Attorney Voss will get the information
Grocery Bags: In regards to the discussion that took place at last month’s meeting regarding the reusable bags. Mr. Kelly displayed an example mentioning that in an effort of trying to be green these bags could be used instead of the paper or plastic bags that the stores provide. The city could purchase these bags in bulk with The City of Union name/logo printed on them. Mayor Kirby commented that the bags could be ordered in mass quantity at a price of ninety five cents a piece.
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 32 issues dated May 7, 2008). A hard copy of the report will be filed with the minutes of tonight’s meeting.
Mr. Burke mentioned that the mapping that we used at the first and second public hearings was on display tonight showing Phase A&B of the city sewer project over properties that are impacted and benefited and Phase C the Russwill Drive area. Also shown on the mapping is the status of the easements received to date. The color GREEN is for those easements that property owners have signed and RED is for those easements that are in need.
Regarding Sanitary Sewers Projects, Mr. Burke summarized the Design Changes/Easements/Clarifications on the following: Jim and Paul Grammas - small changes have been made to the northwest corner of (Relocated US 42 and
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Mt. Zion Road). Advised what needs to be done regarding Mr. Yuzo Kojima (Russwill Lane). This is a new project after we get done with the sewer system plans. Mr. Kojima wants the extension of the public sewer generally from his house crossing the public sanitary sewer to the rear. That is not a part of the sanitary sewer and the city is going to have to consider as an extra cost. The final assessments have been amended to exclude Mr. Shell’s house (Russwill Lane) as well as the private sewer easement in front of George Allen’s house. Also did a cost estimate as a result of the second public hearing relative to changing 715 foot of sewer on Mr. Terry Dwelly (Russwill Lane) property. This amounted to $4,260, which Mr. Dwelly said he would pay at the hearing. Mr. Burke will contact Mr. Dwelly regarding the changes and the cost difference and report back. Forwarded information by mail for coordination with property owners to Ms. Fran Chesser (Russwill Lane) regarding the private plumbing regulations and installations. Mr. Burke reported that the SD#1 Board approved an “Extension for Reservation of Sanitary Sewer Capacity” for an additional two – (2) year period. Attorney Voss is in the process of contacting Jeff Egar at SD#1 regarding the status of them financing the tap in fees and will provide an update at the next meeting. Mr. Burke asked Mayor Kirby for some clarification on the Dwelly issue. Mr. Burke will call Mr. Dwelly again and report back these results at the next meeting. The Assessment Roles have been finalized and amended and the property owners have been forwarded an updated version of that as a result of some changes from the first public meeting to the second. Mr. Burke reported that a request for street repair bids was resent to ten (10) contractors on April 18th. The 2008 construction repair work was divided up between four- (4) contractors for costs within a range of $62,427 to $70,127. Since these projects are generally less than $20,000 and we’re using the Boone County Bid Awards, no public advertising and bidding is required. This repair work can be done within the next four months. After discussion, Mayor Kirby called for a motion to proceed forward with the miscellaneous fixes. Mr. Kelly made a motion and seconded by Mr. Adams. Motion Carried.
OLD BUSINESS:
Mayor Kirby mentioned that the following Ordinance No. 2008-002 was presented and given first reading at last months meeting. After review and consideration there were discussions concerning the locations in the city limits of Union that might be suitable for temporary auto sales (those being the High School and Kroger), neither of which would be usable. It was mentioned that the City of Florence (bordering Union) allows such sales, and they have taken place at the Florence Mall (only 4 miles from Union). Additionally, Boone County also allows such sales, which usually take place at Turfway Race Track (only 8 miles from Union). After discussion, The City Commission decided to reject passage of the ORDINANCE NO. 2008-002 – AN ORDINANCE ALLOWING A MOTOR VEHICLE DEALER TO CONDUCT A MOTOR VEHICLE TEMPORARY OFF-SITE SALE AT A LOCATION OTHER THAN THE DEALER’S LICENSED PLACE OF BUSINESS. Mayor Kirby called for a motion to reject Ordinance No. 2008-002. Mr. Sayers made a motion and seconded by Mr. Adams. Motion Carried.
Second reading of ORDINANCE NO. 2008-003 – AN ORDINANCE ADOPTING THE PROCEDURE AND NECESSARY TERMS REQUIRED BY K.R.S. 91A.260 PURSANT TO THE UNION CITY COMMISSION’S DECISION AND DETERMINATION TO PROCEED BY SPECIAL ASSESSMENT WITH THE CONSTRUCTION OF THE MT ZION/OLD UNION/RUSSWILL SEWER PROJECT
LOCATED IN THE CITY OF UNION, KENTUCKY. Mayor Kirby called for a motion to approve. Motion made by Mr. Adams and seconded by Mr. Sayers. Motion Carried.
NEW BUSINESS:
First reading of ORDINANCE NO. 2008-004 – AN ORDINANCE AMENDING THE CITY OF UNION, KENTUCKY ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1 2007 THROUGH JUNE 30, 2008 ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT. City Administrator Warren Moore reviewed the changes that were made. Mayor Kirby called for a motion to approve. Motion made by Mr. Kelly and seconded by Mr. Adams. Motion carried.
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First reading of ORDINANCE NO. 2008-005 – AN ORDINANCE OF THE CITY OF UNION KENTUCKY APPROVING A LEASE FOR THE FINANCING OF A PUBLIC PROJECT IN A MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $375,000; PROVIDING FOR THE PAYMENT AND SECURITY OF THE LEASE; DIRECTING THE MAINTENANCE OF THE HERETOFORE CREATED SINKING FUND AS SECURITY FOR THE LEASE; AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH LEASE. Mayor Kirby called for a motion to approve. Motion made by Mr. Sayers and seconded by Mr. Adams. Motion carried.
The Commission agreed to hold a Special Meeting on Thursday, May 15 at 5:30p.m. for the purpose of having a Second Reading of ORDINANCE NO. 2008-005.
Mayor Kirby called for a motion to payoff the debt on the city building. Motion made by Mr. Adams and seconded by Mr. Sayers. Motion carried.
City Administrator Warren Moore mentioned that the Boone County Emergency Management Services is planning to put a siren out in front of the city building and the area they had originally planned to put it unfortunately has a gas line under it. They have suggested taking down the middle tree in the side yard and placing it there. There were no issues that came before the Commission.
ANNOUNCEMENTS:
Public Hearing will take place on Monday, June 9th at 7:00 p.m. on the use of the Municipal Road Aid & Local Government Economic Assistance funds.
ADJOURNMENT: No further business came before the Commission. Mr. Adams moved to adjourn the meeting and seconded by Mr. Kelly. Time 8:40 p.m. Motion carried.
Signed this 9th day of June, 2008.
APPROVED: ATTEST:
________________________ _____________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer