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, November 10, 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. Warren Moore (City Administrator) was not in attendance as he was ill. Audience attendance totaled seventeen (17), thirteen (13) signed the attendance sheet.
MINUTES: (All Commissioners were provided a copy prior to tonight’s meeting)
Mr. Kelly made a correction to his title name under Executive Session. Commissioner Sayers moved to accept the REGULAR BUSINESS MEETING MINUTES of Monday, October 13, 2008 and the motion was seconded by Commissioner Adams. Motion carried.
TREASURER’S REPORT:
Commissioner Adams moved to accept the Treasurer’s Report of October 13, 2008 as presented. Commissioner Kelly seconded the motion. Motion carried.
CORRESPONDENCE: None Presented
CITIZENS WISHING TO SPEAK:
Mr. Frost – 10123 Russwill Lane addressed the commission regarding the sewer project and presented pictures of his property before work began and after. Pictures showed rocks and grass seeded soil. He stated that it cost him and his insurance about $10,000.00 due to poison in his soil in 1984 and that the construction workers did not return the top soil to his property, the top soil is two doors up the street on another property. He stated that his backyard is raised about three feet. This has caused a “small lake” in his back yard. He stated when he signed the easements he was guaranteed his property would resume to its original state. Mr. Burke met with Mr. Frost & G&T Excavation and stated that some of the yards will need to be re-graded and re-excavated, seeded and mulched. He assured Mr. Frost that his yard will be taken care of and that they are waiting for spring to correct the problems with his yard. The issue has been documented and pictures have been taken and the Mayor assured him his concerns are legitimate but that the city would take care of it.
Mr. George Allen – Addressed the commission with pictures and issues during construction. He claimed his “house was shaking like you wouldn’t believe”. He placed a call the day before Halloween, complaining about the open trenches very close to his house, concerned about 5 year old boy, safety concerns. The manhole and work was left open overnight. The next day there was netting placed around the area. The construction workers are working three feet from his house. They took the birch tree out and it never got put back. Mr. Allen stated that he is sure there is a crack in the foundation of his home. Mr. Burke stated that Sanitation District No. 1 is the on-site inspector. Mayor Kirby asked for either Mr. Burke or Mr. Moore to make a trip out to this property on a daily basis to be sure nothing like this happens again where safety is compromised stating the more interaction with the workers the better. Mr. Allen stated that there was also a mix-up in the removal of his trees. Attorney Voss needs the arborist to look at the tree removed, which is in his neighbor’s yard, to see what it looks like. Mr. Burke assured Mr. Allen that restoration will be done with his approval.
Mr. Joe Sloan – Russwill Lane resides next door to Mr. Vassuer. Mr. Sloan stated that the contractors seem to have pushed the rocks and top soil all the way up to the end of the cul-de-sac. He stated how hard the top soil is now, extremely hard, and that it will be difficult to use again in the spring. Mr. Burke assured that they will meet with the
Sanitation District Department and make all of the citizens concerns known to the G&T construction company. Mr. Sloan expressed his concern about water leaking with cold weather coming and freezing ice conditions.
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Noreen Morgan - Resides on Royal Oak Lane – congratulated the four commissioners on the re-election of their seats.
Would like an update and regular communication on the Town Center for herself and feels citizens would like to know as well. Mayor Kirby thanked her and discussed the collection of e-mail addresses so as to keep citizens updated on any new information.
Donna Sawyer – 1733 Mt. Zion Road. Congratulated the commission on their re-election and expressed her support for all they do and what they stand for. Mayor Kirby thanked her.
CITY ADMINISTRATOR’S REPORT: Warren Moore – City Administrator
Report was given by Mayor Kirby as Mr. Moore was ill and not in attendance.
Carryover: Replanting along Relocated US 42 will take place some time this month weather permitting. Submitted paperwork to the State for the transfer of the North and South end and right-of-ways to get from the state. Mayor Kirby signed and sent in these documents. Someone is interested in renting out the bays in the old firehouse. Mr. Voss stated that as he was driving by the firehouse there were kids playing in the area. Mr. Mefford inquired if there were stipulations on renting out firehouse bays. Inquired as to what the Parks Department would be using the bays for.
COMMISSIONER OF PUBLIC WORKS: Bob Kelly, City Commissioner
Mr. Kelly spoke to Julie Adkins on Richmond Road and Don Bales. Speed studies were conducted on the front end but not the back end of Richmond Road, needs approval to do the back of Richmond Road. Talked with resident Kathy Sinclair in Hempsteade Subdivision who had a complaint about garbage being picked up too early, 6:00 AM, Mayor Kirby stated that this has been an ongoing issue. Mr. Kelly told her he would follow up with Rumpke. Regarding the salt storage, Mr. Kelly requested that gates to secure the area as kids are playing on the salt piles. The cost would be about $2,000.00 to contain it. There is currently netting around and a tarp on the salt. For future reference possibly put down concrete bed to store salt. Right-of-ways by the libraries, there are five dead pine trees that need to be taken down.
UNION VISIONING COMMITTEE: Bob Kelly, City Commissioner
Communications with citizens – Need for better communication with the residents. Mr. Kelly stated that citizens of the community could be a part of the visioning committee to express thoughts. Also putting in a suggestion box. While visiting with residents during the campaigning found that there needs to be more community involvement, and better communication. Mayor Kirby talked about a “walk around” where commissioners would take to foot and visit with residents on current issues, gaining input with big issues. Mr. Kelly stated discussions with Pizzutti – Economic Development firm Kevin Costello and will start discussions with them to get moving on the Town Center. Drop Box or secure mail slot was suggested for residents to use for payment or correspondence, legal papers, etc.
PLANNING AND ZONING: Mr. Patrick Reynolds (Union’s Representative on Boone County Planning Commission) was not present. His term expires at the end of December 2008. Mr. Kirby introduced Kevin Costello who spoke regarding the Union Downtown District and passed out and reviewed the set of tasks #1 (one), #2 (two), #3 (three) and #4 (four) discussed bringing a firm on board to help with the new Town Center, 98 acres of the downtown business district. Put together a proposal identified four different tasks. One, complete market analysis, commercial/retail market assessment. What types of business, unique, fit the town plan. Two, sit down with primary property owners in the Town Center, finding key issues. Three, what percentage of work with developers regionally, locally, pointed out very few that do these types of development located in the Cincinnati area, some in Columbus and Indianapolis. Fourth, looking at obstacles with regards to financing and public improvements to get the town center going. Pizzuti, an economic development firm, who we have interviewed, specializes in cities like Union. They are based in Columbus, Ohio. Based on conversations with Union Visioning Committee, Mr. Costello submitted a cost of $47,000 that includes $2,500 in expenses, if the City of Union would want to proceed and enter into a contract. Focus of this project is to jumpstart the Union town center project. Mayor Kirby stated a few comments on the Union Town Plan. City contracted through KZF ideas, took Town Plan and put a vision on it so residents can see what it could look like. The next step which included interviewing is to take this vision and to assist us in many areas. Look at the market and what would the market tolerate, commercial, residential. Task two, to have this firm work with property owners to continue good relationships. Firm brought in to show objective view to help all is the goal. Task three, sent number of postcards and packets all over the
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country, but with Pizzuti, we can target specific firms that are into this type of development market, and what we vision. Pizzuti has relationships with many developers and will help us find the right fit. We want to explore all options and opportunities available to the city. Mayor Kirby asked if anyone had any questions or comments they would like to offer. John Mefford inquired as to if task two and task three would be done concurrently. Mr. Costello explained that Pizzuti would help with identifying phasing of various parcels that the two tasks may overlap.
Lisa Compo – Inquired wanting to know if most of this is dependent on the widening of Highway 42. Mr. Costello stated that a road could be built in phases, working in conjunction with the state. All options will be looked at with regards to building and space. Mayor Kirby assured that there will be many conversations with state officials and local developers.
Mr. Costello stated there would need to be a motion made to fund $47,000 to Pizzuti. Motion was made to fund $47,000 to the Boone County Planning and Zoning Commission so they can contract and hire Pizzuti. Motion made by Commissioner Adams, and seconded by Commissioner Kelly. Motion carried.
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 November 10th, 2008 including three (3) items, as updated, prior to tonight’s meeting)
Mr. Burke indicated that there are two additional transmissions were added to the City Engineer Report sent to the City Administration on November 10th, 2008. All sewer issues brought up by residents were documented, and we’re into the restoration mode at this time. The second invoice is ready for processing for an approximate amount of $146,000. New paperwork for the reimbursement, a CD of the drawings, and other information was presented to the Mayor for signature. Greg Voss, City Attorney, advised that a Resolution authorizing Mayor Kirby to sign the application would need to be passed tonight so as to get the request for reimbursement out as soon as possible. Regarding an overview of speeding complaint issues, attached to the Report in the most inexpensive way regarding costs, is to do two stop watch times per day, in the AM and PM. Mr. Burke provided a Report Spot (via stop watch) Speed Study indicating frequency of Vehicles, Cumulative frequency, Cumulative percent, and the 50th & 85th speed percentiles. As an example, on Richmond Road while 85% of drivers feel safe at speeds over 33 MPH, but because of children in the subdivision, these speeds are deemed unsafe. At attempt will be made to slow the traffic down from 33 to 20 mph in these high traffic areas. Research was done on rubberized speed bumps that are bolted into the street, however, these are labor intensive, which costs at least $7,000 each compared to asphalt speed humps costing about $2,100 including striping. With the results of the speed study, the city administration needs to discuss the options available with prices that would best suit these problem areas. Mayor Kirby inquired as to getting other quotes from contractors, and would like to get the most cost effective speed humps that could be put in as soon as possible to make an impact. Mr. Burke indicated another effective way of tracking speed, also, is the speed indicator lights, on signs which flash the speed of the car as it passes by the sign. Mayor Kirby added that we need to continue to explore all options available, and several residents in the audience voiced opinions on various methods of slowing traffic down. In response to the need for a few more studies along Richmond Road near the pool crossing and Arbor Springs. Mr. Mefford stated that Indian Hill Drive was another street he witnessed cars going at least 40mph. Mayor Kirby stressed the importance of working on Richmond Road and the other streets, now authorized for a speed study and contacting those residents who want to be involved. Mr. Burke stated that other issues mentioned in the report were on-going, some resolved and some others were pending.
Another item of concern was a Cool Springs resident called in to say that her son had been playing in vicinity of St. Timothy’s property rear of Whispering Trails in tunnels and wanted to report these issues to the commission. Mr. Burke advised that this could be a safety issue although the issue was within the unincorporated area and Mayor Kirby asked Commissioner Kelly to contact St. Timothy’s to discuss this area of concern.
OLD BUSINESS:
Second 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 Sayers made a motion to accept, Commissioner Mefford seconded. Motion carried.
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Tabled second reading of ORDINANCE NO. 2008-011 – AD 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. Mayor Kirby is tabling this until next months meeting. Commissioner Kelly made motion to table, and Commissioner Mefford seconded. Motion carried.
NEW BUSINESS:
First reading of ORDINANCE NO. 2008-013 – A FRANCHISE ORDINANCE GRANTING A COMPETITIVE FRANCHISE AGREEMENT FOR CABLE SERVICE TO CINCINNATI BELL EXTENDED TERRITORIES LLC, AND INCLUDING PROVISIONS FOR INSURANCE, REPORTS AND RECORDS, CONSUMER PRACTICES, CONSUMER PROTECTION MEASURES, CONSTRUCTION, AND CONSTRUCTION-RELATED PRACTICES, AND OPERATION PROCEDURES, AND HEALTH, SAFETY, AND WELFARE MEASURES; PROVIDING AND EFFECTIVE DATE. Motion made by Commissioner Mefford and Commissioner Sayers seconded. Motion carried.
First reading of ORDINANCE NO. 2008-014 – AN ORDINANCE SETTING THE COMPENSATION FOR THE UNION, KENTUCKY CITY CLERK/TREASURER. Commissioner Adams made a motion to accept, Commissioner Kelly seconded. Motion carried.
There will be an opening for a representative on the “Boone County Planning Commission” as the current city of Union representative Mr. Patrick Reynolds term expires on December 31, 2008. Those interested in serving can send a letter of interest or a resume to City Clerk Kathy Porter.
There is also an opening on the “Union Board of Adjustments” which deals with zoning issues with variances. Currently have two members serving and are in need of a third. Those interested in serving can send a letter of interest or a resume to City Clerk Kathy Porter.
EXECUTIVE SESSION:
At this point in the meeting the time being 9:20 p.m., Mayor 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 Kelly and seconded by Commissioner Mefford. Motion carried.
RESOLUTION NO. 2008-008 – A RESOLUTION FOR THE CITY COMMISSION OF THE CITY OF UNION, KENTUCKY TO AUTHORIZE MAYOR DONALD KIRBY TO EXECUTE A REQUEST FOR PAYMENT AND PROJECT STATUS REPORT FOR THE KENTUCKY INFRASTRUCTURE AUTHORITY. Motion made by Commissioner Adams and seconded by Commissioner Sayers. Motion carried.
At the conclusion of the Executive Session, Commissioner Adams moved to reconvene the Regular Business Meeting at 9:25 p.m. seconded by Commissioner Sayers. Motion carried.
ANNOUNCEMENTS:
Date for next month’s regular business meeting: Monday, December 8, 2008, 7:00 p.m.
ADJOURNMENT:
No further business came before the commission. Commissioner Mefford moved to adjourn the meeting at 9:27 p.m. Commissioner Adams seconded the motion. Motion carried.
Signed this 8th day of December, 2008.
APPROVED: ATTEST:
________________________ _______________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer