6:30 p.m. Public Hearing (Tax Rates)
7:00 p.m. Regular Business Meeting
CALL TO ORDER: Public Hearing (Tax Rates)
Mayor Pro Tem Bob Kelly called to order the Public Hearing to discuss the tax rates for 2008 Tax Year on Monday, September 8, 2008, at 6:31 p.m. The rate targeted was 0.217 per $100 assessed value on Real property, same as last year, and 0.188 on Personal property. Mayor Pro Tem Kelly asked for comments or suggestions from the audience; there was no response. Commissioner Sayers, Adams and Mefford agreed to keep the tax rates the same as last year. Mr. Kelly called for a motion to keep the tax rates at 0.217 on Real property and 0.188 on Tangible property which is the same as last years rates; so moved by Commissioner Sayers and seconded by Commissioner Adams. Motion carried.
ADJOURNMENT:
Mr. Mefford moved to adjourn the public hearing. Mr. Adams seconded the motion. Motion carried. The Public Hearing adjourned at 6:33 p.m.
CALL TO ORDER: Regular Business Meeting
Mayor Pro Tem Bob Kelly called to order the Regular Business Meeting for the Regular Business Meeting of the Union City Commission on Monday, September 8, 2008 at 7:00 p.m. (Ord. 2008-007, passed 7-14-2008; New Meeting Time)
Present: Mayor Pro Tem Bob Kelly and City Commissioners Todd Sayers, John Adams, and John Mefford. Also, Barry J. Burke P.E. (Foppe Technical Group), Kathy Porter (City Clerk/Treasurer) and City Attorney Greg Voss. Warren Moore (City Administrator) was absent. Audience attendance totaled twenty-two (22) and twelve (12) of them signed the attendance sheet.
MINUTES: (All Commissioners were provided a copy prior to tonight’s meeting)
Commissioner Adams moved to accept the REGULAR BUSINESS MEETING MINUTES of Monday, September 8, 2008 and seconded by Commissioner Sayers. Motion carried.
TREASURER’S REPORT:
Commissioner Sayers moved to accept the Treasurer’s Report of August 31, 2008 as presented. Commissioner Mefford seconded the motion. Motion carried.
CORRESPONDENCE: Nothing presented.
CITIZENS WISHING TO SPEAK:
Mayor Pro Tem Kelly asked if anyone in the audience would like to speak. There was no response.
CITY ADMINISTRATOR’S REPORT: (All Commissioners were provided a copy prior to tonight’s meeting)
Warren S. Moore, City Administrator was not present tonight as he was out ill. Mayor Pro Tem Kelly gave a brief summary of the Administrator’s Report that Mr. Moore had prepared ahead of time.
Carryover:
· Sanitary Sewers: Mayor Pro Tem Kelly mentioned that City Engineer Barry Burke will cover the details on the sewer project under the city engineer report later on in tonight’s agenda. Also, he commented that due to the timing of getting the easements, filing the paperwork, etc., that Phase C will actually be the first section undertaken which is Russwill Lane. Then Phase A&B will start which are Old Union Road/U.S. 42 and Mt. Zion Road.
· Urban Forest Commission: Kevin Costello, Executive Director of the BCPC reported that 104 trees are scheduled to be planted in October. The city has purchased water bags for around the remaining trees on the sides of US 42.
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Current Issues:
· Old Fire Hall: We have purchased the building and we’re working on turning it into a community center and possibly a public works building in the future.
· Transfer of State Right of Way to the City: Gateway Parcels for Signage’s/Beautification. The paperwork to transfer the Old U.S. /S.R. 42 right-of-way at the north and south ends of the city has been completed and sent to the Kentucky Transportation Cabinet’s District 6 offices. We are in the process of waiting on that. Mr. Adams asked how the process works in obtaining the right-of-way; Attorney Voss explained that he is working on obtaining the property by deed so that the city will own the property. Mr. Adams asked if this property would be offered to Union first. Attorney Voss advised that they would not sell it to a private entity. Mr. Costello commented that the parcels that are in question are a little too small to develop on and would be possible locations for a community sign. Mr. Barry Burke stated that since Foppe Technical Group completed the survey work he shared some information with us commenting that this is located both on the north and south side of Whispering Trail right-of-way as extended to the pump station. There are little fragments of property that are basically under the jurisdiction of the Commonwealth of Kentucky. There are two on the north side of the right-of-way and one on the south side of the right-of-way. Attorney Voss and Mr. Burke will work together on this.
COMMISSIONER OF PUBLIC WORKS: Bob Kelly, City Commissioner
· Snow Removal: Mayor Pro Tem Bob Kelly mentioned that we need to get the specifications/bid documents together for accepting bids on snow removal because the current contract expires on December 31st. The original Word Document could be edited so that we can review and make modifications prior to accepting bids. The new contract once awarded will be good for another two years. Regarding another Word Document, the Landscaping Documents are in process of being updated including new land areas of responsibilities. Upon completion, a Draft Set will be forwarded to city administration for finalizing and advertising/bidding/award for 2009-2010.
· Nuisance issues: Mayor Pro Tem Kelly reported that grass cutting remains to be an issue at several properties around the city that are in violation of our city nuisance ordinance and the city mowing contractor has mowed the properties. Mr. Kelly stated that there were two properties cut this past weekend; one on Lancashire Drive and the other on Lurawoods Court.
· Unsewered Properties: Mayor Pro Tem Kelly asked the city engineer about the feasibility and expense of sanitary sewers for Churchill Drive, Windsor Way and Tudor Lane. Mr. Burke commented that we will continue to search for any grants that may be available from the state for design and construction.
UNION VISIONING COMMITTEE: Bob Kelly, City Commissioner
Mr. Kelly reported that the Committee met on August 28 and had discussions on the following:
· In regards to the Pizutti Consulting Firm, Kevin Costello will speak on this later in tonight's agenda.
· The Committee is looking for ideas of what type of businesses that would be attracted to our Town Center.
· There was mention of an upscale bakery like what they have at the Crestview Hills Town Center (Servatti's Pastry Shop and Deli).
· There were ideas discussed at the Committee meeting regarding the old Firehouse that the city purchased recently.
· Trees in the right-of-way parcels were discussed.
PLANNING AND ZONING:
Mr. Patrick Reynolds (Union’s Representative on Boone County Planning Commission) 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 detailed report dated September 8, 2008 prior to tonight’s meeting) This report has 36 issues on this report many of these are on-going. Mr. Burke said he will summarize 15 issues, then go through and ask you to acknowledge about four (4) actions; they would include the Kojima storm sewer, the issue about Gunpowder Greens extra work, the Hempsteade culverts gratings including some fencing issues, and provide an overview of the Hempsteade Blvd. Study, which has been completed with handouts provided.
First the Sanitary Sewer Pg.1 – They are starting on Phase C along Whispering Trails and coming up to Russwill Drive. They started on it the week of Sept. 3rd. The city attorney indicated that all easements have been acquired with the
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exception of Steelman and some legal issues. The Vice’s aren’t happy with the contractor; he was only supposed to be ten feet on each side on the center line of the sewer. Mr. Vice is saying he has 80 foot of sand and gravel, 80 foot of pipe and 80 foot of equipment in his front yard. Mr. Burke said, they will work with the contractor about adequate restoration. We have agreements from Mr. Grammas; we’re coordinating that with Mr. Voss. Mr. Kojima; basically we got two bids on the storm sewer system crossing the sanitary sewer which is already in the contract. One bid is from the city's sanitary sewer contractor; for a low bid of $9,290. Mr. Burke recommended the same sewer contractor be awarded the job. The other bid was from Lonkard Construction about $2,000 higher.
Mayor Pro Tem Kelly moved to accept recommendation made by Mr. Burke on the bid amount he received from G&T Excavation of $9,290. A motion was made by Commissioner Adams and seconded by Commissioner Mefford. Motion carried. The work will begin after the sanitary sewer is installed, perhaps within the next six weeks. Union Baptist Church called wanting to know when the project is going through the parking lot. It was stated that it would probably be November or December. Pg. 3 (9) A Pre-Construction Conference and another meeting was held to coordinate the inspections by the Sanitation District No. 1. Pg. 4 (10) The SD#1 Board approved an “Extension for Reservation of Sanitary Sewer Capacity” for an additional two- (2) year period. Under Item (12) on pg. 4 there is a typo and it should read ¾” meter instead of 4”. On pg. 5 & 6 (4) Gunpowder Greens street/drainage repairs along Churchill Drive. The initial repair work was estimated to cost about $20,000. However, based upon further input from residents (the Lambert's') to resolve more surface/drainage problems sooner than later, this extra work based upon Boone County Bid awards has been acknowledged by the public works commissioner and approved by the city commission. Total cost of the entire project to the city by Paul Michel’s Construction has been now authorized for $59,570. Mr. Burke said the work is scheduled to start this month and be completed by fall. This project will now include a side drain system preventing excessive water from inundating the street sub grade and full asphalt resurfacing.
Pg. 8 (13) Regarding street deterioration in Lassing Green Subdivision, Commissioner Mefford reported that the work on the concrete curbs started today, Mr. Burke said he will periodically inspect the overall project.
Pg. 8 (15) The Union Bluffs the detention pond “clean up” by Boone County Public Works is complete and Mr. Voss has the deed of transfer from Mt. Zion, Reese LLC to the city of Union. Thus, the Land Transfer was authorized, including letter to residents regarding enforcement for dumping. A new lot as Mapping Area “K” will be added to the Landscaping Documents for the new bids so that the city's landscaper can take of the general maintenance of that is as city owned property. The other land addition is the one is in Hampshire subdivision between Holderness and Wyndham Way, and that’s a similar one on a separate lot, the Drees Company went back and bushogged the weeds so that Mr. Burke could see the discharge control structure. This lot will be another one that Mr. Moore said it's in process for transfer and put a record in the courthouse. Pg. 8 (16) Drainage issues along Whispering Trails, we’re trying to get the Sanitation District to work with us. Commissioner Adams and the Sanitation District were out there and said there are some real, real problems and they may consider a 50/50 funding split. District staff now states there will not be a 50/50 split, as it will be placed in the master plan. Usually, these plans identify projects which will be several years away. Churchill Drive within Gunpowder Greens in terms of some added work needed and more costs was discussed. Pg. 11 (b) Storm Sewer Drainage Structures – Child safety and debris accumulation problems against fencing (fixed and moveable) along Hempsteade Drive exists at two (2) locations near 10151/10152 (larger structure) and 10257/10258 (smaller structure). The smaller outlet has a concrete outlet headwall that has a safety problem. There is no safety fence on top of that structure or down the sidewalls. Mr. Burke pursued a cost for installing a fence from Mills Fencing. In the meantime, he received a call from resident Paul Moran (10252) and he stated that he disliked fences. Mr. Burke commented that the public easements for access already exist. These issues for improvements were discussed with other owners Dennis Shelters (10151) and Denise Ross (10152) with affirmations. Mr. Burke suggested meeting with the property owner to work with him in terms of safety goal and aesthically pleasing. Mr. Burke commented that there is a safety concern on the smaller outlet due to a greater than 48-inch drop impacting child safety. Dale Evraets (10258) the other property owner next to resident (Paul Moran) spoke from the audience tonight and he said he just heard about this today as he has been away on vacation. Mr. Evraets asked if this would be a chain link fence that we are thinking about putting up there. Mr. Burke showed him a photo of a similar type of fence that was being considered. Mr. Evraets commented that a chain link fence will not bring up property value and chain link fence has never been appealing to him. Commissioner Sayers agreed and commented that other type of decorative fencing could be looked at. Mr. Burke will make the arrangements for them to meet for further discussion. Pg. 12 (26) The Gateway Parcels survey plats and descriptions for transferring parcels from the KYTC to the city of Union for public purpose, beautification, monument signage, etc. Warren Moore has submitted the detailed surveys to Dan White at the highway department and he is reviewing those before forwarding
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the documents to the District office in Frankfort. The city will wait for a quick response. Pg. 13 (32) Met with Sanitation District No. 1 regarding the Master Plan – Gunpowder Watershed and provided input regarding flooding locations and stream erosion problems. Pg. 14 (33) Responded to a request within Harmony Subdivision from Sonata Drive resident (Freeman) regarding posting proper signage (i.e., Speed and Stop Signs). The County will coordinate sign postings with Drees. Pg. 14 (35) Boone County Parks Levy including the Union Pool Park Master Plan. Recent meeting with several NK Chamber Committees presented by Mike Hammons (Vision 2015) and Judge Gary Moore stated that a Boone County Parks Levy will be on the November ballot.
Mayor Pro Tem Kelly asked if anyone had questions regarding the city engineer's report. There were none.
At this time, Mr. Burke gave a presentation on the Hempsteade Subdivision - Hempsteade Boulevard Study – Traffic Calming, Storm Drainage and Street Pavements. The purpose of this study is to evaluate the concerns and issues regarding traffic, drainage and other street pavement conditions including recommendations and costs for the city commission to decide the next steps to take to improve Hempsteade Boulevard for the residents of Hempsteade and the general traveling public within the city of Union, Kentucky.
After further discussion, Mayor Pro Tem Kelly asked for acceptance of the Report. In response to a question, Mr. Burke stated that the design plans could proceed and specific items including traffic calming measures (e.g., speed humps or speed tables, etc) could be decided later to proceed with additional input from the Hempsteade HOA. Commissioner Mefford made a motion to accept the Study in principal. Commissioner Adams seconded the motion. Motion carried.
A copy of the City Engineer's Report dated September 8, 2008 is available for viewing at The Union City Building, 1843 Mt. Zion Road during normal business hours.
OLD BUSINESS:
Second reading of ORDINANCE NO. 2008-008 – AN ORDINANCE SETTING THE COMPENSATION FOR THE UNION, KENTUCKY CITY ADMINISTRATIVE OFFICER. Mr. Sayers made a motion to approve the Ordinance. Mr. Adams seconded the motion. Motion carried.
NEW BUSINESS:
Mr. Mark Romito of Cincinnati Bell Holding Director of Government Relations was present tonight to discuss the possibility of establishing a Cable Franchise in Union. After discussion, Mayor Pro Tem asked for a motion to pass a committee of Commissioner John Mefford, Commissioner Todd Sayers, City Administrator Warren Moore and City Attorney Greg Voss. Mr. Adams made a motion to accept and seconded by Commissioner Mefford. Motion carried.
Mr. Kevin Costello, Executive Director B.C. Planning Commission was present tonight to discuss the recommendations of hiring (Pizutti Solutions) to undertake Tasks #1and #2 for the various phases of development in the Union Downtown Business District. The purpose of the project is to formulate strategies to begin the construction of the first phase and subsequent phases of development in the downtown area, or the Union Town Center. The size of the Union Downtown District is approximately 90 acres. As a result, the Planning Commission prepared a Request for Proposals and six (6) firms’ submitted proposals. On July 14, 2008, the Planning Commission presented a proposal to the Union City Commission of 4 project tasks to be completed by Pizzzuti Solutions.
First reading of ORDINANCE NO. 2008-009 – AN ORDINANCE RELATING TO THE ADOPTION AND APPROVAL OF ZONING REGULATIONS, INCLUDING TEXT AND ZONING MAP, AS PART OF THE UPDATE, REVIEW AND AMENDMENT OF THE CURRENTLY BOONE COUNTY ZONING REGULATIONS APPLICABLE TO THE CITY OF UNION, KENTUCKY. Commissioner Mefford made a motion to accept on first reading and seconded by Commissioner Sayers. Motion carried.
First reading of ORDINANCE NO. 2008-010 – AN ORDINANCE LEVYING AND FIXING THE TAX RATES OFR THE CITY OF UNION, KENTUCKY, FOR THE FISCAL YEAR 2008-2009 LEVYING SAID TAX UPON REAL, AND TANGIBLE PROPERTY; FIXING THE DATE OF PAYMENT, DISCOUNT PAYMENT,
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DELINQUENCY AND INTERESTCHARGES; FIXING THE PURPOSE THEREFORE; AND SETTING FORTH THE PROCEDURE FOR COLLECTION OF TAXES. Commissioner Mefford made a motion to set the tax rate on all Real Property at $2.17 per one thousand Assessed Valuation and $1.88 on Tangible Property per one thousand Assessed Valuation, the same rates as last years. Commissioner Adams seconded the motion. Motion carried.
First reading of ORDINANCE NO. 2008-011 – AN ORDINANCE RELATING TO THE CREATION OF THE POSITION OF CITY ECONOMIC DEVELOPMENT COORDINATOR FOR THE CITY OF UNION, KENTUCKY SPECIFYING POWERS AND DUTIES OF THE POSITION. Commissioner Adams made a motion to accept on first reading and seconded by Commissioner Sayers. Motion carried.
Commissioner Adams reported that Tully's Tavern will be a full restaurant and approximately 3,700 sq foot with a capacity of 78.
Mr. Dwelly resident (Russwill Lane) addressed the Commission on the sewer easement regarding his property.
EXECUTIVE SESSION:
At this point in the meeting the time being 8:55 p.m., Mayor Pro Tem Kelly called for a motion to enter into Executive Session pursuant to K.R.S. 61.810 to discuss acquisition and litigation of sanitary sewers. Motion made by Commissioner Adams and seconded by Commissioner Mefford. Motion carried.
***Executive Session
At the conclusion of the Executive Session, Commissioner Adams moved to reconvene the Regular Business Meeting at 9:02 p.m. seconded by Commissioner Sayers. Motion carried.
Mr. Carl Caudill resident (Russwill Lane) addressed the commission regarding nuisance issues with a neighboring house/property on Russwill Lane. Commenting that this is an on going issue that has been brought to our attention before and nothing is getting done about it. The grass is up to your knees and whoever we are getting to mow this property is not completing the job he suggested that the health department get involved.
ANNOUNCEMENTS:
Date for next month’s regular business meeting: September 8, 2008, 7:00 p.m. City Clerk mentioned that a Public Hearing will take place at 6:30 p.m. prior to the regular meeting for the purpose of hearing comments regarding the proposed tax rates for the 2008 Tax Year.
ADJOURNMENT:
No further business came before the commission. Commissioner Sayers moved to adjourn the meeting at 9:14 p.m. Commissioner Mefford seconded the motion. Motion carried.
Signed this 13th day of October 2008.
APPROVED: ATTEST:
________________________ _____________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer