7:00 p.m. Regular Business Meeting
CALL TO ORDER: Regular Business Meeting
Mayor Don Kirby called to order the Regular Business Meeting for the Union City Commission on Monday, October 13, 2008 at 7:00 p.m.
Present: Mayor Don Kirby, City Commissioners Bob Kelly, 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 and Warren Moore (City Administrator). Audience attendance totaled twenty (20), fourteen (14) 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 the motion was seconded by Commissioner Sayers. Motion carried.
TREASURER’S REPORT:
Commissioner Mefford moved to accept the Treasurer’s Report of September 30, 2008 as presented. Commissioner Kelly seconded the motion. Motion carried.
CORRESPONDENCE: Mayor Don Kirby mentioned the receipt of e-mails in response to the letter mailed to Union residents on October 7, 2008 stating the position of the commission on “the Galleria at Union” proposed development. He read five e-mails aloud. The Mayor read a letter from the KLC regarding the city’s award to be given to the City of Union as recognition for 20 years commitment to the KLC league of cities Insurance Programs. The luncheon will be held October 16, 2008.
CITIZENS WISHING TO SPEAK:
Mark Romito, Director of Relations, Cincinnati Bell, filed an application to provide cable service, met with a committee after the last meeting, hoping to be on track to get an infringement. Cincinnati Bell purchased a cable company in Ohio, and is expanding and would like to offer service to Northern Kentucky. The lines will be coming into the homes via copper cable. Attorney Voss stated he will encourage competition among other companies as well, and will talk with Insight Cable Company.
Mr. Frank Beemon addressed continued drainage problems with a ditch in his back yard, which runs onto the neighbor’s yard. The neighbor has put in a dam, and water is backing up into his property. Mayor Kirby assured Mr. Beemon the city engineer would come out and inspect the area. Natural flow of water issues were mentioned, and Mr. Voss, city attorney, stated there are no laws currently enforcing water flow. Mr. Beemon also stated he called to express his concern that the commission was using the city of Union’s funds to mail the letter out to the citizens and used it as a campaigning tool. Mayor Kirby stated that every state elected official has a stipend where they can send out information to citizens. He went on to say that this was a way to communicate the issues with the citizens of Union only, and not meant for campaigning.
Tom Hodge was recognized and thanked the city for the letter, was impressed with the stand the commission took, didn’t want a “big box” in his community. He expressed an appreciation for the commission’s position. He stated that it is tempting to invite big business in to generate revenue, but that he wants the community to stay quiet.
Brennen Sweeney was recognized and raised questions about the Pizzuti Consultants, economic development firm, possibly for hire with new union town center. Mr. Sweeney wanted to know if there would be a review before plans are drawn up. Mayor Kirby assured Mr. Sweeney that the commission would take a review into consideration, but that it would not be voted on tonight.
CITY ADMINISTRATOR’S REPORT: Warren Moore – City Administrator
Carryover:
Sanitary Sewers: Construction well under way, Phase C done first, some difficulty with residents who did not want to
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MINUTES – October 13, 2008 – Page 2 of 4
grant the city easements; although at this point things are under control and proceeding well.
Urban Forest Commission: Managed to save the trees from last year that didn’t die and fall planting is underway.
Transfer of State Right of Way to the City: Gateway Parcels for Signage’s/Beautification. Additional paperwork to transfer the U.S. 42 right of way at the north and south ends of the city was overlooked, but with the help of Barry we will sign and get those documents out to the transportation Cabinet this week.
Old Fire Hall: Due to a break in at the Old Fire Hall he has requested and received a bid to place an alarm on the building that amounts to approximately $3,000.00.
Union City Website: Mr. Moore is continuing to have difficulty with the city’s website publishing. He has discussed these issues with technical support personnel at Web.com and was informed our site was larger than what their package was designed to handle. He is in contact with the marketing people to find out what they might have to offer us. He is also considering web hosting and at looking at hosting services.
Stream and Wetland Restoration: Center for applied ecology at NKU manages the NK Stream and wetland restoration fund. They have funds to restore stream beds. Fowlers Fork Creek along Old Union Road has been marked as something they would like to do. He will get a meeting with representatives, engineers; it is fully funded so it won’t cost the city any funds.
We are continuing to get more complaints this year about properties being mowed and parked cars.
Snow Removal Service: The city will need to post an RFP immediately due to the time constraints if we want to go through the bid process again, or extend our existing contract with Spillman Companies, LLC. There is an anticipated rise in salt prices this year.
Current Issues:
COMMISSIONER OF PUBLIC WORKS: Bob Kelly, City Commissioner
Two “No Outlet” signs to be going into Hampshire, installed by Greg Martin, Boone County Sign Division. Talked to some folks on Richmond Road about the need for speed bumps. Warren Moore stated as long as it is not a state highway, we can put anything on it. Concerns addressed about the speeding, and the need for traffic calming. Mayor Kirby stated that we are looking for ways to slow down the traffic. Barry Burke stated that there was a study done, and there is a wide variety of traffic calming options, speed bumps, humps, and tables or center islands. He suggested the commission taking a look at the study and deciding which would work best for these problem areas. Mayor Kirby asked Barry Burke to go out and take a look at the areas that are having problems, and bring back some specific proposals of what we can do immediately. Mr. Beemon said they don’t stop at all, that there are a lot of problems on Richmond Road. They are using Jake brakes. Mayor Kirby listened to further complaints from Mr. Beemon about Richmond Road, speeding, parked cars, runners not using sidewalks. He assured that these problems had been heard and that these problems exist in other areas of the city as well. He expressed a concern with truckers avoiding Highway 42 in an attempt to save time. Mr. Kelly continued with mention of detention pond erosion at Scroggin’s property that has been gong on for two years. Mr. Burke stated in summary the pond and about 10 feet of Mr. Scroggins property is in Florence. The erosion is taking place in city of Florence, but the water is coming from the city of Union. He put a cost of $3,500.00 to fix this issue two years ago, and it was bought to the HOA for review. Nothing was heard back. Mayor Kirby asked that Mr. Burke follow up with this issue to resolve.
The McCarthy property along Russwill Drive is continuing to have problems. Union does not have an ordinance to go in and clean up property. The McCarthy property has been an eye sore for quite some time now.
UNION VISIONING COMMITTEE: Bob Kelly, City Commissioner
The committee met to discuss the future of the Union Town Center, but developers want to wait until after the election to discuss so it will be put on hold until after the election.
PLANNING AND ZONING: Mr. Patrick Reynolds (Union’s Representative on Boone County Planning Commission) was not present.
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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 October 8th, 2008 prior to tonight’s meeting)
Mr. Barry Burke had six new issues new and clarifications updated from the report as distributed.
1st First item, Sanitary Sewer Systems (a) (13) line #6 after only – Change the amount $66,075 to $124,224; and line #8 after Only – change the amount $1,222 to $59,371; and add – “City Administration and City Engineer is in receipt of the KIA’s Conditional Commitment Letter (CCL) dated 08-03-08), approving a state loan “Fund “C” up to $517,500 subject to the following actions: a) Return the Authorization for Electronic Deposit Form to the KIA; b) The City must pass an Ordinance on or before January 1st, 2009 including the Final Surcharges (i.e., assessments). This leaves the November and December Meetings to finalize everything; and c) The City Engineer will complete the remaining tasks”.
#2) Item #13. Lassing Green – “The Repair Work is Complete pending submission of an Invoice”; and
#3) Item #16. Drainage Issues…Add the following sentence – “At a recent meeting with the Sanitation District Officials, the formal asset transfer for the 44 Co-Permittees including Union’s public storm sewer systems will start in July 2009;
Mayor Kirby added that if you look at your bill for charges, those monies collected will take over some of the public storm sewers and drains.
#4) Item #26. Gateway Parcels. Add the following sentence – “A new application for signature authorizing the request for parcel transfers was forwarded to Warren Moore on 10/10/2008 for return; and, Relocated US 42 Right-of-Way Plans “color shading” both the North and South Parcels was completed and submitted to KYTC’s Dan White on 10/10/2008 for review by a combined local and state committee; and
#5) Item #37. Raider’s Run Bus Traffic Problem. Add the following sentence – “Information with a suggested sketch was emailed to the KYTC’s Traffic Engineer Rick Davis for comment”. Mr. Burke added that Rick Davis took the place of Bill Madden, who has retired. Commissioner Mefford will contact Rick Davis regarding the Raider’s Run Bus Traffic Problem.
#6) Item #43. Snow Removal Bid Documents for Re-bidding. City Administration stated that the existing bid documents expiring on December 31st could be renewed for 2009-2010.
Mr. Trout asked the Mayor who was responsible for removal of a tree on his property. Mr. Trout has already removed the tree. Commissioner Bob Kelly stated if the tree is healthy the homeowner is not liable.
OLD BUSINESS:
Second reading of ORDINANCE NO. 2008-009 – AN ORDINANCE ADOPTING AND APPROVING AMENDMENTS TO ZONING REGULATIONS, INCLUDING TEXT AND A ZONING MAP BOONE COUNTY, KENTUCKY. Mr. Sayers made a motion to approve the Ordinance. Mr. Adams seconded the motion. Motion carried.
Second reading of ORDINANCE NO. 2008-010 – AN ORDINANCE LEVYING AND FIXING THE TAX RATES OF THE CITY OF UNION, KENTUCKY, FOR THE FISCAL YEAR OF 2008-2009; LEVYING SAID TAX UPON REAL, AND TANGIBLE PROPERTY; FIXING THE DATE OF PAYMENT, DISCOUNT PAYMENT, DELIQUENCY AND INTEREST CHARGES; FIXING THE PURPOSE THEREFORE; AND SETTING FORTH THE PROCEDURE FOR COLLECTION OF TAXES. Mr. Kelly made a motion to approve the Ordinance. Mr. Sayers seconded the motion. Motion carried.
Second 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 Mefford made a motion to table this ordinance until next meeting. The motion was seconded by Commissioner Sayers. Motion carried
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NEW BUSINESS:
First reading of ORDINANCE NO. 2008-012 – AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF UNION, KENTUCKY. Commissioner Adams made a motion to accept on first reading and seconded by Commissioner Mefford. Motion carried.
Mayor Kirby asked a motion be made to open up snow removal to the bidding process. Commissioner Kelly made a motion. The motion was seconded by Commissioner Adams. Motion carried.
Mayor Kirby stated there was a break in at the Old Firehouse, and asked for a motion to install a security system for the building. Mr. Moore stated the cost of the security system would be approximately $3,000.00. Commissioner Mefford made a motion, Commissioner Kelly seconded it. Motion carried.
Mayor Kirby asked for a motion to be made setting this year’s Halloween Trick or Treat hours from 6:00 p.m. to 8:00 p.m. on Friday, October 31, 2008. Commissioner Kelly made a motion, and Commissioner Sawyers seconded. Motion carried.
EXECUTIVE SESSION:
At this point in the meeting the time being 8:11 p.m., Mayor Kirby 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 Kelly and seconded by Commissioner Sayers. Motion carried.
***Executive Session
At the conclusion of the Executive Session, Commissioner Adams moved to reconvene the Regular Business Meeting at 8:41.p.m. seconded by Commissioner Sayers. Motion carried.
ANNOUNCEMENTS:
Date for next month’s regular business meeting: November 10, 2008, 7:00 p.m.
ADJOURNMENT:
No further business came before the commission. Commissioner Mefford moved to adjourn the meeting at 8:41 p.m. Commissioner Adams seconded the motion. Motion carried.
Signed this 13th day of October 2008.
APPROVED: ATTEST:
________________________ _____________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer