Regular Business Meeting
CALL TO ORDER:
Present: Mayor Don Kirby and City Commissioners Todd Sayers, Bob Kelly, and John Adams. Also present were Warren S. Moore (City Administrator), Barry J. Burke P.E. (Foppe Technical Group), Kathy Porter (City Clerk/Treasurer) and City Attorney Greg Voss. Commissioner John Mefford was absent. Audience attendance totaled four (4).
MINUTES: (All Commissioners were provided copies prior to tonight’s meeting)
Mr. Sayers moved to accept the REGULAR BUSINESS MEETING MINUTES of Monday, July 14, 2008 with corrections by adding an “s” to the end of Mr. Sayers name. Mr. Kelly seconded the motion with the corrections. Motion carried.
Mr. Kelly moved to accept the PUBLIC HEARING MINUTES of Monday, July 14, 2008. Mr. Burke stated he did not attend the hearing, as noted, and to delete his name. Mr. Sayers seconded the motion with the correction. Motion carried.
TREASURER’S REPORT:
Mr. Sayers moved to accept the Treasurer’s Report of July 31, 2008 as presented. Mr. Adams seconded the motion. Motion carried.
CORRESPONDENCE:
Nothing presented.
CITIZENS WISHING TO SPEAK:
Mr. Jon Campbell – resident of (Whispering Trail) reported that there is an issue with vehicles parking on the street for over 24 hours and is becoming a nuisance; he presented pictures for the Commission to view. Violation letters were sent to the owner and a county code enforcement officer may need to be contacted as some of the issues may fall under the county ordinances. Mayor Kirby said this will be looked into and the proper procedures will be followed.
Mr. George Allen – resident of (Russwill Lane) asked when the sewer project was going to get started. Mayor Kirby commented that this will be covered under the city engineer's report.
REPORTS OF CITY OPERATIONS
CITY ADMINISTRATOR’S REPORT: Warren S. Moore, CAO
Carryover:
Union Town Plan: Due to the publicity surrounding the July public hearing concerning the Midland-Atlantic project, we have received quite a few emails and telephone calls about the Union Town Plan. Mayor Kirby answered every one of the emails personally. Mr. Moore reported that there will be a two-page article coming out in the August issues of “What’s Happening in Boone County” which is mailed to every citizen in the county. The article is intended to both remind long-time residents and explain to the newer residents of both Union and the county the Town Plan concept, and its importance to the city.
· As was presented by Kevin Costello at the last City Meeting, the consulting firm for the Downtown District proposal economic development aspect of the Town Plan has been recommended. At this point, the County is requesting that the city take action on its recommendation. Part of this process will require that the city contract with an individual who can represent the city as liaison with Pizutti.
Regular Business Meeting of Union City Commission
MINUTES – August 11, 2008 – Page 2 of 4
Midland-Atlantic: At this point, Midland is looking over their options. Following the public hearing, Mayor Kirby directed Warren to look into the possibility of placing a true vote on whether or not to allow the construction on the November General Election ballot. What research revealed was not only the fact the Kentucky law does not allow zoning issues to go on a ballot, but that even if it were allowed by the state law, there would be no time to get it on the ballot after following all necessary procedures.
Sanitary Sewers: We have a bunch of easements, some we don’t have. The City Attorney is in the process of filing to gain court orders for condemnation for those properties that have not provided the sewer easements to the city, as well as filing a foreclosure on the problematic property located at 10033 Old Union Road. We had to get an extension on the completion date to the Governor's Office for Local Development on the GOLD/CEGG grant until the end of the year. This is the sole GOLD grant, and has been expended.) We now have an extension on the project-end date until 12/31/2008.
Urban Forest Commission: The removal of the dead trees and street plantings that were killed by last year's late freeze and ensuing drought has taken place. Several of the remaining trees appear to have been pushed over into leaning positions by the high winds we recently received, and our landscaper will straighten them. Additionally, one of the trees in the north most planting median along U.S. 42 was destroyed by something we haven’t been able to identify. It has been cut to the ground and will be replaced by our landscaper.
Current Issues:
Old Fire Hall: Still corresponding with the county (Jeff Earlywine) to determine whether they have an interest in a sublease of any or all of the parking bays for their equipment. We have had an interest expressed by our landscaper in subleasing at least one bay for his equipment, and we will probably use at least one other bay for winter salt storage; leaving four that could be leased out.
· As an aside, we had a break-in at the facility last week. Someone went up the rear fire escape/stairway, broke out the window, and entered the building by reaching through to the deadbolt and door handle lock. On inspection, nothing appears to have been either damaged or stolen. The window has been replaced with a ½ - inch sheet of clear Lexan, which is less expensive than replacing the door, and should be proof against this type of smash-and-run attack. The city is looking into putting an alarm system on the building.
Transfer of State Right of Way to the City: The paperwork to transfer the U.S. 42 right-of-way at the north and south ends of the city has been and sent to the Kentucky Transportation Cabinet’s District 6 offices but, some the paperwork is missing and Mr. Moore will get with Barry after the meeting. The purpose of the property transfer is to give the city property on which monument signage at the gateways to Union can be placed.
Subdivision Traffic: For whatever reason, we have been receiving more complaints this summer about persons exceeding neighborhood speed limits, with the most of them coming from residents along Richmond Rd. Richmond Rd. has become problematic due to the long straight of way beginning at roughly 8925 Richmond Rd. on the south, extending northward to the intersection with Arbor Springs Blvd. The city placed stop signs and a crosswalk at the community’s swimming pool last year in an effort to help, and one of the neighbors said that people slow down for it. After additional research, and after discussing the issue with the Kentucky Transportation Cabinet, it has become clear that the City can indeed place traffic-calming devices (speed bumps/plateaus) on city-maintained streets. If the commission desires, you can direct the City Engineer to look at the situation and determine where and what sort of devices might be useful, and develop a cost estimate. The city has also received a request for traffic signage in Harmony, putting in speed limit signs. Drees is putting up the stop signs and street name signs because theirs are prettier. The Wetherington Blvd. reconstruction along the Union portion is scheduled of October of this year.
City Website: Several minor changes have been made to the website to provide additional information to our citizens. Additionally, the conversion from eBetterPlace to GovQA for better handling of both complaints and suggestions should take place later this month or the beginning of September.
Daily Complaints/Suggestions: Those complaints not requiring review by either the City Attorney or the City Engineer have been handled. We are definitely receiving more complaints this year about properties being neglected (grass height, etc.); and are sending out more violation notices.
PLANNING AND ZONING:
Mr. Patrick Reynolds (Union’s Representative on Boone County Planning Commission) was not present.
Regular Business Meeting of Union City Commission
MINUTES – August 11, 2008 – Page 3 of 4
COMMISSIONER OF PUBLIC WORKS: Bob Kelly, City Commissioner
Mr. Bob Kelly mentioned that violation letters were sent to properties on Lakepointe Court and/or Lurawoods Court about grass cutting. Also received a call regarding an issue where neighbors are concerned about a resident turning vegetable oil into bio-fuel and storing it. Mayor Kirby mentioned that he spoke with Chief Michael Morgan at the fire district, and he is going to check into this further. Traffic trailer was up at (Burleigh Lane) today. Received a call from a resident on Tudor Lane (i.e., Sue Lambert – City Engineer Barry Burke will address this issue for commission action), about the road work on Gunpowder. Her concern about the water getting below the asphalt and the asphalt not lasting 15 years and she was hoping that we would do it right this time. Also, we are still getting requests on street signs for Harmony and Holderness.
UNION VISIONING COMMITTEE: Bob Kelly, City Commissioner
Mr. Kelly reported that the Visioning Committee including the Mayor Don Kirby, Dave Geohegan and Karen Franxman took a trip to Creekside to see a development that is located outside of Columbus, Ohio. This area is similar to what we’re looking at for a Town Center. They met with the developer, city officials, and took an extensive tour. The Mayor took some great pictures. Mayor Kirby said the article coming out in “What’s Happening in Boone County” has lots of pictures in regards to the Town Center and the small town feel and what we’re envisioning in our Town Center area. Mr. Kelly commented that a lot of those pictures will be in the “What’s Happening” article.
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 August 11, 2008 prior to tonight’s meeting) This report is 15 pages and has 34 item, many of these are on-going. Mr. Burke said he will summarize 16, within those 16 there are three (3) individual action items.
First are Churchill Drive and Gunpowder Greens in terms of some added work needed and more costs. Second relates to an added engineer expense (estimated at $14,000) and construction (estimated at $140,000) for the repairs on Hempsteade Blvd. Third is the update of the landscaping documents which are good thru the end of this year, to be re-bid for another two-(2) year period for 2009-2010., which was acknowledged by the commission On page 1, regarding sewers, I will comment in more detail for Mr. Allen who’s here. According to city records and working with Attorney Voss, a total of 52 easements have been acquired out of the total of 87; five (5) of those were on Whispering Trails as they already have sewers. According to Attorney Voss, there were about 17 easements going through the legal condemnation process. Mr. Burke said he did call Cincinnati Bell and they stated they found the document and will submit it to us. The last he heard; there was about 15 left. Mr. Voss said he has to get with Kathy this week and file them and know exactly where we’re at. We’ve got several owners Mr. Voss talked to and they haven’t delivered. We have a couple that we just filed and Mr. Moore thought he could talk to them. In general, the ones we need to get started are here. In response to Mr. Allen, who is present, we don’t know the time frame yet. We have to get back with G&T Excavation, Inc. again regarding their schedule they were to start in August, subject to the authorization of the City Attorney to say go. If Attorney Voss authorizes it, then we can stake it out and the work can begin. It is believed that the work would start on Phase A and B down by Fowler Creek first; however, this is dependant upon the easements. Phase C may be first. Mr. Burke stated that another option may be to hop over some of the contested easements that are not yet acquired, if necessary, subject to legal direction by the City Attorney. Attorney Greg Voss said the Commission would go into Executive Session and discuss the litigation aspects. He explained the process, mentioning that after we file then the court appoints a commissioner to appraise and evaluate the property; we get that back, then summons are issued then we have to determine how we are going to perceive it then find a dollar amount we have to file an order if we can’t come to a resolution with the property owner. The Mayor wanted to know out of the 15 or so that are outstanding (not signed the easements) how many are opposed. The majority are just not responding. Only a few are against it. The Mayor wanted to know if the correspondence is just by phone/mailings. Attorney Voss commented that some have been visits. The question was asked if they can stake out the route and get that under way. They thought they could stake out. It depends on the Contractor and we can work with the terms. Next, Mr. Burke summarized the repair issues on Churchill Drive within
Regular Business Meeting of Union City Commission
MINUTES – August 11, 2008 – Page 4 of 4
Gunpowder Greens. The initial work was intended only to provide incidental repairs this year based upon an estimated cost not to exceed $20,000. However, after numerous calls from residents including the Lamberts, discussions with the original developer/builder Ron Arendell regarding natural springs and new grading by resident Mr. Partin has contributed to directing more water the street and future problems Therefore, these issue cause the need to install a storm side drain system better sooner than later. New curbing and full depth asphalt repairs are complete. A new side drain system and full resurfacing for the entire street is estimated to cost another $25,000 to $30,000, subject to actual contractor costs to be submitted. The commissioners agreed that doing the additional work now would be more beneficial than later, and voted to approve the added work. City Administrator Warren Moore advised that we will need to make a budget amendment.
After questions, Mayor Kirby entertained a motion to accept the proposals made by City Engineer Barry Burke to proceed forward. Commissioner Kelly made a motion to approve and Commissioner Adams seconded the motion. Motion carried.
A copy of the City Engineer's report dated August 11, 2008 is available for viewing at The Union City Building, 1843 Mt. Zion Road during normal business hours.
OLD BUSINESS:
There was none presented.
NEW BUSINESS:
First reading of ORDINANCE NO. 2008-008 – AN ORDINANCE SETTING THE COMPENSATION FOR THE UNION, KENTUCKY CITY ADMINISTRATIVE OFFICER. Mr. Adams made a motion to approve the Ordinance on first reading. Mr. Sayers seconded the motion. Motion carried.
EXECUTIVE SESSION:
At this point in the meeting the time being 8:53 p.m., Mayor Kirby stated that the commission would go into Executive Session pursuant to K.R.S. 61.810 to discuss sanitary sewer litigation and the possible appointment of an employee for the position of City Coordinator on the request of Karen Franxman.
***Executive Session
At the conclusion of the Executive Session, Commissioner Adams moved to reconvene the Regular Business Meeting at 9:15 p.m. seconded by Commissioner Sayers.
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. Mr. Sayers moved to adjourn the meeting at 9:20 p.m. Mr.
Kelly seconded the motion. Motion carried.
Signed this 8th day of September 2008
APPROVED: ATTEST:
________________________ _____________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer