Regular Business Meeting
CALL TO ORDER: Mayor Don Kirby called to order the Regular Business Meeting of the Union City Commission on Monday, April 14, 2008 at 7:30 p.m.
Present: Don Kirby (Mayor) and John Mefford, Todd Sayers, Bob Kelly and John Adams (City Commissioners). Also present were Barry J. Burke P.E. and Tim Foster E.I.T. (Foppe Technical Group), Kathy Porter (City Clerk/Treasurer) and Greg D. Voss (City Attorney). Absent: Warren S. Moore (City Administrator) There was ten (10) in audience attendance.
MINUTES: (All Commissioners were provided copies prior to tonight’s meeting)
Mr. Kelly moved to accept the minutes as written. Mr. Sayers seconded the motion. Motion carried.
TREASURER’S REPORT: Mr. Mefford moved to accept the Treasurer’s Report of March 31, 2008 as presented. Mr. Adams seconded the motion. Motion carried.
CORRESPONDENCE: Mayor Kirby read a letter dated 15 March 2008 from Karen S. Franxman resident of Whispering Trail. Ms. Franxman submitted her proposal for a Union Town Plan Consultant in reference to the Proposal/Solicitation by Mr. Kevin Costello of the Boone County Planning Commission to help with the Union Town Plan. Mayor Kirby mentioned that he spoke with Ms. Franxman about and Commissioner Kelly has also spoken with her and would like the city to take under consideration with all the activity that is going on now with developers coming to us and the brochures we sent out. Mr. Kirby commented it would be worthwhile to look at hiring somebody to handle that on a part-time basis to concentrate on just that. Mayor Kirby asked for any other thoughts. Attorney Voss advised that he would research the exempt and bidding process of applications and see how far we can extend that professional so that we would not have to require an application. Mayor Kirby asked Karen Franxman who was in the audience if she would like to say anything to the Commission and she declined. Mr. Kelly commented that Karen is a great asset to the city and has served on the Union Visioning Committee for 3 years.
A letter received from Insight Communications dated March 31, 2008 informing us that Insight is taking the proper steps, well in advance, toward the renewal of the franchise agreement with the City of Union, which is due to be renewed on or before February 12, 2011.
Attorney Voss advised that Cincinnati Bell has sent us a request for a cable franchise agreement. They are working on expansion that would cover the same area as their telephone service. Attorney Voss has reviewed the Ordinance where in we granted Insight the franchise and reported that it is a non-exclusive. This would perhaps give the residents a choice. Attorney Voss advised that both franchises would have to be consistent and he will keep us informed.
Mayor Kirby read a letter received from Robert & Jeanne Demler dated April 13, 2008 regarding the zone change to accommodate a Target store. Mayor Kirby commented that the proposed development has gone in front of the Boone County Planning Commission and nothing that we have accepted or we’ve approved. Every developer has a right to do that it has not been addressed by us. It’s not something that we’re allowing, it’s something that any developer can go in front of the planning commission and submit an application for.
Mayor Kirby mentioned that we are in receipt of the Real Estate Purchase Agreement for the property at (10087 Old Union Road) by and between The City of Union, Kentucky and the Union Fire Protection District. A Resolution will be presented later in tonight’s agenda under New Business.
Mayor Kirby mentioned that we are in receipt of a letter from Boone County Planning Commission with our bill amount for the FY2008/09 budget as it relates to Planning & Zoning services and GIS services. It’s an increase over
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last year possibly due to budget constraints on their side and the City getting a lot of their time and attention over planning and zoning matters. Also, correspondence received from the Boone County Urban Forest Commission for their allotment for the trees and landscaping as a part of the US 42 Master Landscaping Plan and the amount they are asking for is $60,000 from the city of Union for their FY2008/09 budget.
Mayor Kirby read the letter received from the City of Florence dated April 1, 2008 regarding their Memorial Day Parade and Program.
CITIZENS/PUBLIC COMMENTS:
Mr. Eugene Becknell, 1588 Sycamore Drive, was present to inquire on whether or not the city has received any updates regarding the drainage problem (natural springs) issue running onto his property. 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. Mayor Kirby suggested Public Works Commissioner Kelly draft a letter to the Dress Company for resolving the problem for his signature. Mr. Becknell stated that “if the latest effort fails with the Drees Company, he may relocate the drainage himself in order for the lot to be buildable”. Before proceeding, Mr. Becknell was advised by legal counsel to seek legal advice regarding this issue.
Mr. Kenneth Shell, 10007 Russwill Lane, was present asking the commission to remove his property from the assessment because their residence will be taken by the Kentucky Department of Transportation with the re-routing of Mt. Zion Road. Attorney Voss confirmed with KDOT that Mr. Shell’s residence will be taken. After more discussions, the Commission agreed to have Mr. Shell’s assessment removed from the roll. Mr. Burke acknowledge that the entire assessment roles will be calculated and updated, and the private building sewer easement fronting neighbor George Allens’ property will be extinguished.
Mr. Yuzo Kojima, 10104 Russwill Lane, was present to discuss the private water irrigation system and electric conduit and public drainage in his rear yard which may directly impact the sanitary sewer project. Mr. Burke stated that he recently visited the site and the irrigation installer’s sketch will be forwarded to the contractor. The bidding documents state that the contractor is responsible for restoring disturbances to private property. Mr. Burke advised that extra work beyond the sewer contractor’s responsibility crossing the sewer project could include about 180 feet of 12-inch public storm sewer extension along north property line. Mr. Burke will meet Mr. Kojima after the meeting to discuss further all of Mr. Kojima’s questions and concerns.
REPORTS OF CITY OPERATIONS:
Warren S. Moore, City Administrator – Not present
Mayor Kirby reviewed Mr. Moore’s report for April that everyone received prior to tonight’s meeting and reported on the following items from that report.
o Union Town Plan: Reminded the Commission to not forget the Symposium on New Urban Development, this Thursday from 10:00 am to 4:00 pm at the new Boone County Library building on KY 18. Lunch will be provided. Mayor Kirby urged everyone to attend.
o Midland Atlantic: The response from the Zone Change Committee hasn't been presented to the full Planning Commission as of yet.
o Old Fire District Facility: We are in the process of finalizing everything for the purchase of the Old Fire House on Old Union Road; we have a Resolution that will be presented later in the agenda tonight for discussion.
o Budget: Work has begun on the FY 2008/9 budget. Also, we will have to pass another amended budget at the end of this fiscal year.
Public Works/Union Visioning Committee:
Mowing: Mr. Kelly reported that we had a request to check on why the Kirby property is being cut by the city
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contractor and after Mr. Kelly spoke with Greg Spillman was informed that they have a new crew working and it was a mistake and shouldn’t happen again.
Snow Removal: Mr. Kelly mentioned that there was an article in the paper regarding the price we paid for the snow removal this year and commented that this is an ongoing evaluation as far as this being our first year. This was a big expense and need to keep in mind that the costs are just going to keep increasing each year and we will need to evaluate for next year, this also applies to public works and landscaping. Mayor Kirby mentioned that next year he would like to see that we have one central place for residents to call as there was some confusion this year. Also, he reported that we are in the process of updating our complaint system on our web-site. Mayor Kirby commended Bob Kelly for all the work he did on this.
Roads: Mr. Mefford mentioned that he spoke with Warren last week about a sinkhole between the street catch basin and sidewalk fronting 10702 Aspen Place. Mr. Burke commented that Boone County Public Works has been notified regarding emergency repairs and safety. Since this work was not yet initiated, Boone County will be again contacted for placing safety cones and schedule repairs ASAP.
Visioning Committee: Mr. Kelly reported that the Union Visioning Committee Members (Mayor Don Kirby, Commissioner Bob Kelly. Citizen Karen Franxman, Planner Dave Geohegan) meet once a month and discuss ways to promote the City and the Union Town Plan. The City and Boone County Planning Commission are conducting interviews with Economic Development Firms to promote the Union Town Center. Interviews took place last week and three firms responded. No decisions have been made at this time. Mr. Kelly will keep us updated. The Committee is taking ideas/uses for the Firehouse. Karen Franxman reported that Earth Day is coming up and in the effort of trying to be green was discussed and the idea of possibly providing citizens with reusable bags that they could take to the store with them instead of using the paper or plastic bags that the store provides. Mayor Kirby commented that this is one way of reducing waste and he would like see in the future the city getting actively involved in promoting Earth Day as a way of helping our citizens learn more about ways that they can conserve and save money in the process. Earth Day is April 22. Mayor Kirby mentioned that some requests have been made for a Drop-off box at the city building. He asked for Attorney Voss to contact the Kentucky Transportation Cabinet regarding the triangle excess parcels of land South and North end of US Hwy 42.
CITY ENGINEER REPORT: Barry J. Burke, P.E.
Mr. Barry Burke with Foppe Technical Group presented the City Engineer’s Report. (All Commissioners were provided copies of the report including 23 issues dated April 4, 2008 for tonight’s meeting). A hard copy of the report will be filed with the minutes of tonight’s meeting. Another issue (added as #24) was a resident call-in regarding some extensive street pavement deterioration (potholes) along Bayswater Drive near the Cedarwood Drive intersection. This issue, as observed in the field, will be included in the future tasks for repairs.
Regarding the issue of sanitary sewerage (i.e., a combined line and capacity, etc.) concerns along Whispering Trails, Mr. Tim Foster with Foppe Technical Group showed a detailed video presentation via Electronic Media including camera and sound of the approximately 390 feet of the public 8-inch sewer between 1838 (Landrum) and 1822 (Vice). This video (provided by the city’s consultant) and another video (provided by resident Bell) showed that the original concern (i.e., a private common undersized line) does not exit. The videos showed that each residence has its own separate tap and connection to the Sanitation District’s public sanitary sewer along the south side of the street. Further, in response to residents concerns regarding capacity, calculations indicate that the capacity of the District’s sewer will be adequate for the existing 19 users, 33 new users for the sewer project along Russwill Drive; as well as the approximate 75 existing users from the RJ Lane area should SD#1 abandon the existing pump station in the future. Should sewer capacity be an issue, SD#1 is responsible for ensuring adequate capacity and the public’s health and safety.
Regarding the issue of stormwater, Mr. Burke mentioned the watershed upstream from address 1822 (Vice) is comprised of about 38 acres. The magnitude of this watershed has cause major problems downstream relating to the city sanitary sewer project. Several downstream driveway culverts may be undersized. Focusing on the extreme flooding occurrence by photos (1996) using a 50- Year storm event in a preliminary concept design, both short and
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long term plans include upsizing the existing drainage systems along Whispering Trails with larger pipe sizes (i.e.,
36-inch/54-inch). In the long term, a $500,000 grant has been requested from Congressman Geoff Davis, which, if granted in 2009 would provide adequate funding for resolving issues within the entire watershed including downstream toward Relocated US42. In the shorter term, to resolve immediate issues in the problem area, the replacement of driveway culverts with a large sewer (i.e., 36-inch/54-inch) at a cost estimated at $160,000 is a part of the city’s plan, subject funding. Hopefully, the grant application will provide some assistance in this effort.
Attorney Voss mentioned that we were able to negotiate the compensation easements from the non-benefited property owners on Whispering Trails. Mayor Kirby called for a motion to approve authorizing the Mayor to sign the contracts. Motion was made to approve by Mr. Adams and seconded by Mr. Mefford. Motion carried.
OLD BUSINESS:
Second reading of 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. Mayor Kirby called for a motion to approve. Mr. Sayers made a motion and seconded by Mr. Kelly. Motion Carried.
NEW BUSINESS: Mayor Kirby gave first reading on the following Ordinance:
First reading of 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. After discussion of adding the insurance, frequency per year of 1 time per quarter, and can a dealer come from outside the state. Mayor Kirby called for a motion to approve with the changes. Mr. Mefford made a motion and seconded by Mr. Kelly. Motion Carried.
RESOLUTION NO. 2008-003 – RESOLUTION OF THE CITY OF UNION, KENTUCKY AUTHORIZING THE PURCHASE OF THE PROPERTY LOCATED AT 10087 OLD UNION ROAD, UNION, KENTUCKY FROM THE UNION FIRE PROTECTION DISTRICT. Mayor Kirby called for a motion to approve. Mr. Adams made a motion and seconded by Mr. Sayers. Motion Carried.
ANNOUNCEMENTS:
Public Hearing on May 1 at 6:30 pm for the Sewer Assessments and a Special Meeting immediately follows at 7:30 pm for first reading of an ORDINANCE Adopting the Assessments. Next regular city business meeting: Monday, May 12, 2008, at 7:30 p.m.
ADJOURNMENT: No further business came before the Commission. Mr. Kelly moved to adjourn the meeting and seconded by Mr. Sayers. Motion carried.
Signed this 12th day of May, 2008.
APPROVED: ATTEST:
________________________ _____________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer