CITY OF UNION, KENTUCKY
Regular Business Meeting
MINUTES
Monday, January 12, 2004
CALL TO ORDER:
Mayor Don Kirby called the Regular Business Meeting of the Union City
Commission to order at 7:30 p.m., Monday, January 12, 2004
Present: Mayor Don Kirby, Commissioners: Gary McCormick, Wayne
McClellan, Warren Moore and Jonathan Jennings.
Also present were Greg D. Voss (City Attorney), Kathy Porter (City
Clerk/Treasurer) and Jim Curry (City Engineer).
Visitors: Signing the attendance list were Mike Trout, Frances Barlow, Gregory
T. Lloyd, Pinky Morgan, William S. Yauch, and Wes Bittlinger.
MINUTES:
After reviewing the past meeting minutes presented, Mayor Kirby asked
for any comments or corrections. The City Clerk made the Commission aware of a
change she had made on page 2 of the draft that had been previously sent out
regarding street stripping, useful life and regulations of hot tape versus
paint. Mr. Moore moved to dispense with reading of the minutes and accept as
presented and include the change. Mr. McCormick
seconded the motion. Motion passed.
TREASURER' REPORT:
Mayor Kirby read the Treasurer's Report of December 31, 2003. The
report being in balance, Mr.Jennings moved to accept the Treasurer's report.
Second to the motion by Mr. McClellan and motion carried.
BILLS FOR PAYMENT:
Mr. McCormick asked about the Spillman Lawn Care bill in the amount of
$35.00 dollars. City Clerk answered that Mr. Spillman made a concrete lid for
the septic tank cover and that is how much he charged for doing the work. No more
comments were made on the bills as presented, Mr. Moore moved to pay the bills.
Mr. Jennings seconded the motion.
Motion carried.
CORRESPONDENCE:
Mayor Kirby read a memorandum from Erin Pleiman, Sanitation District
No.1 dated December 15, 2003. Re: Co-Permittee KPDES Compliance Submittal. In
March, 2003 the Sanitation District No. 1 applied for the KPDES Storm Water
Phase II Small Separate Storm Sewer Systems (SMS4) General Permit on behalf of
the Northern Kentucky region. The region to be covered by the permit was
established by the Kentucky Division of Water (KDOW) in order to comply with
the federally mandated NPDES Phase II requirements. Co-permittees to the Permit
included 30 cities, Boone, Campbell, and Kenton counties as well as the
Regular Business Meeting of Union City Commission
January 12, 2004 – page 2
Kentucky Transportation Cabinet. The City of Union is listed as a
Co-permittee. The permit retroactively became effective on January 1, 2003.
Compliance with the Permit requires the parties to address and achieve
measurable goals for six minimum control measures defined in the Permit.
An e-mail dated December 26, 2003 received from Abby Dummitt, 1154
Abbington Drive was read by Mayor Kirby.
Mrs. Dummitt was expressing her complaint as a new resident of an on
going drainage problem. Ryland Builders had built her families' home and the
drainage has caused much concern. They
have not been able to enjoy their yard because of the grass being mushy and
growing some type of mold. She had been
told by Ryland Builders, the problem would be taken care of. This has been a past problem and work has
been done, according to City Engineer Jim Curry, P.E., Ryland Builders had
installed the drain that Mr. Curry recommended. Mayor Kirby asked if there had been any development on the legal
action pending and if it would make a difference. Despite compliance to the development by builders, should the
City in regard to this problem and in the future have some stricter standards
enacted above what the county has provided, so this type of problem will not
occur. The City Clerk will contact some
other cities to get samples of guidelines or Ordinances that they have in place
that deal with similar projects and have input from City Engineer Jim Curry
P.E. In the meantime Mayor Kirby will
contact Mr. & Mrs. Dummitt.
Mayor Kirby read an e-mail from Gregory T. Lloyd of Union Village with
four questions to be considered or answered.
The first question was concerning street lighting. Mr. Lloyd had been informed that the City of
Union paid for lighting in other subdivisions but not Union Village. Also, the
Homeowners' Association is responsible not only for the upkeep and utility
expenses of the street lights in the subdivision, but also for the ones on the
street by the Banks, Skyline and the Library. Mr. Lloyd feels this is unfair. Mayor Kirby
explained that at the time of the development, gas lighting was requested. The
developer opted out of installing the electric street lights. Therefore, the
residents own the gas lights. The City
Clerk will check with Cinergy about the lights located at the Library, Bank and
Skyline in the vicinity of Braxton and Richmond Road and see how they are being
billed for the gas to those particular streetlights. The City does pay for the electric and maintenance on electric streetlights
in the city limits. The second item was in regard to the condition of some
vacant lots in the subdivision. Some
people have been dumping all types of garbage on these lots and some violators
can be identified. This is a criminal act, so witnesses should call 911 to
report violators. The City Clerk had
checked with Boone County Solid Waste and they should be notified to research,
also the City has Ordinances that could be enforced. A third item regarding any
laws mandating pet owner's to pick up their pet's excrement when walking their
pets. The City Clerk has contacted the
Boone County Animal Control and is waiting for their answer. Mr. Lloyd's fourth
item
Regular Business Meeting of Union City Commission
January 12, 2004 – page 3
was if the City Engineer had found out who owns the property at the
Braxton entrance regarding the need for a sidewalk on the north side of the
street. The City Engineer responded that there were three lots at 9094 Braxton,
that the owner is unknown. The BFT
parcel at the corner of Sherman and Braxton has no sidewalk, also the Kroger
parcel has no sidewalk nearest to Sherman.
Subdivision regulations state the developer or lot owner can install
sidewalks and if after two years after plat approval, the developer shall
install sidewalks on each recorded lot. Mayor Kirby stated that the city will
start the ground work for the sidewalks, especially with Kroger to get started when
weather permits. The snow removal is contracted
with Boone County, if any problem, the City Clerk should be called as she can
assist in getting the information to the County.
An e-mail received from Nick Ostrosky informing the Commission that the
residents of Arbor Springs Subdivision in Plantation Pointe had circulated a
petition to have Arlinghaus Builder amend restrictions to prohibit above ground
pools and chain link fences with 75% of the residents signing. To date, the residents have not received any
information from the builder. Mr. Ostrosky
would like to know if the city can have any influence on this issue. Attorney will respond and send a letter to
Mr. Ostrosky.
Sue Lind's e-mail consisted of requesting a 4-way stop sign at Ashton
Court and Cedarwood Drive, although there is stop signs on Ashton, people
assume drivers will stop on Cedarwood too.
Due to almost getting hit, she feels this would be an effective safety
measure. City Engineer Mr. Curry will
take a look at the problem and Mayor Kirby will respond to her e-mail.
An e-mail from Bill Smith of Arbor Spring Boulevard and Richmond Road
was requesting a stop sign to be placed on the north and south corners of his
streets. People are creating a speedway
going through to Kroger’s. Mr. Curry
will also check out this request.
ENGINEER REPORT:
Jim Curry, City Engineer reported that he had checked out the Lassing
Green Subdivision and found five lots owned by Tom Schreiber are being mowed
the first 30 feet and leaves the rest.
Construction debris is also being dumped. He will get with the City
Clerk to notify Mr. Schreiber. At the
corner of Hempsteade Drive and Bayswater Drive, the house does have a drainage
pipe which discharges approximately five feet from the sidewalk. There is
evidence of water discharging over the sidewalk it was not draining at the
present time. Mr. Lloyd has similar
situation in Union Village Subdivision.
Regulations will be researched on the amount of feet back from the right-of-way
(property line) requirements and report back to the Mayor.
Regular Business Meeting of Union City Commission
January 12, 2004 – page 4
PLANNING & ZONING:
Representative Randy Barlow was not present.
OLD BUSINESS:
Regarding the striping of streets, research has been done as to the
comparison of the life span or durability of hot tape versus paint. The striping work will be done when weather
permits.
NEW BUSINESS;
New zoning is already in place as well as infrastructure for future
development in the city, which will probably occur with the widening of US 42
this coming summer. Mr. McClellan
elaborated on the widening of Mt. Zion Road. Information on the status of
development of the roads and Union Town Plan can be obtained on either the City
of Union Website or Boone County Website. Mr. Moore mentioned that Bruce
Ferguson will be presenting a history of the City of Union at the Union Scheben
Library, January 26th. The Drees development (Harmony) has been approved and
each Commissioner has a copy in his meeting packet. Mr. Trout wanted to know if
there are any plans to expand the city.
Mayor Kirby answered that the city is interested in annexing St.
Timothy's, the Post Office and the Resurrection Cemetery. Mayor Kirby will be approaching the church
soon and explain the city's position and with requesting their approval. The properties would not be subjected to
taxation.
ADJOURNMENT:
No further business to come before the Commission, Mr. McCormick moved
to adjourn meeting at 8:25 p.m. Mr.
Moore seconded the motion. Motion carried
APPROVED: ATTEST:
_____________________ ______________________
Don Kirby, Mayor Kathy
Porter, City Clerk
February 9, 2004