CITY OF UNION, KENTUCKY

Regular Business Meeting

MINUTES

Monday, March 8, 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, March 8, 2004

Present: Mayor Don Kirby, Commissioners: Gary McCormick, Wayne McClellan and Jonathan Jennings. Absent: Warren Moore. Also present were Greg D. Voss (City Attorney), Ruth Meadows (City Clerk Asst.) and Jim Curry (City Engineer) and Randy Barlow (P&Z Representative)

Visitors: Signing the attendance list were Mary Ann, Jessica and Don Harden, Ron Nelson and Gregory Lloyd.

MINUTES:

After reviewing the past meeting minutes presented, Mayor Kirby asked for any comments or corrections. Mr. McClellan moved to dispense with reading of the minutes and accept as presented. Mr. McCormick seconded the motion. Motion passed.

TREASURER' REPORT:

Mayor Kirby read the Treasurer's Report of February 29, 2004. 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 made a motion to approve monthly bills presented. Mr. McClellan seconded the motion. Motion passed.

CORRESPONDENCE:

No specific correspondence.

PLANNING & ZONING:

Mr. Barlow reported he had attended the hearing on the Bowman and Waite property across the street from Kroger. A lot of people attended the hearing in opposition of the development. This development is to be annexed to the City of Florence. P & Z representatives had met with the surrounding property owners and gone into three homes regarding vehicle lights flashing into their homes. An agreement was reached to change elevation of the homes to justify this situation. A substation will be located next to the condo property. The commercial presentation seemed to be acceptable, which would include Walgreen’s, Graeter's and 5/3rd Bank. This will require appropriate signs. The Union Town Plan needs

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March 8, 2004 – page 2

to be in control, developers are agreeable to work with the entities, which was Mr. McClellan's main concern. Another meeting will be on March 17th at 4:30 p.m. for further information. Mr. McClellan plans to attend.

CITY ENGINEER REPORT:

Mr. Curry only had one item, it had been discussed previously the "motel" development coming into the Florence Sewer system without being annexed to the city. This is true, technically speaking the City of Florence had accepted a Federal Grant to build their sewer system. Accepting this grant, Florence agreed to provide sewer service to area accounts throughout the city. The property will be annexed by Florence due to the developer having to file suit to do otherwise. This would require time and money and he felt it was better to proceed being accepted by Florence. Mayor Kirby wanted the crosswalk a Lancashire and Wetherington checked. The County had requested some specs drawn up. Mr. Curry said these would be finished tomorrow. There is a question about where that property actually lies, was wondering if it was in the City of Florence, if so it would be their responsibility. Otherwise, we will go ahead and put the crosswalk in.

OLD BUSINESS:

Mayor Kirby had been talking with St. Timothy's about the annexation request; the Finance Committee had not taken a final vote. Several persons have spoken positive, so hopefully this will be voted on at their next meeting to begin the approval process.

Mr. Greg Lloyd was asking the Commission what can be done to start on crosswalks, sidewalks and requiring vacant lot owners to clean their property at the Braxton entrance. This has been an on going situation and weather has been a factor, obviously two lots in particular are of greatest concern being lots 16 & 28. Five vacant lots are in question with a health and safety concern. Mayor Kirby asked Mr. Lloyd to meet after the meeting to discuss further and make plans to rectify the problems.

NEW BUSINESS:

Mr. Don Harden - 1700 Sherman Court presented the Commission members with a packet containing a letter dated January 4, 2004 to Jim Wenstrup of the Scheben Company, Inc. from homeowners with deed to the storm Water Detention Lake, a fax to Carol Crank of Kroger Real Estate, Storm Water Drainage Easement Agreement and a legal description and map of the Union village Storm Water Detention Lake Area. The residents are tired of the fact that the Scheben Co. has never performed any of its responsibilities to maintain the lake properly since 1996. Mr. Ron Nelson was in agreement with Mr. Harden of their continuing problem. There have not been any documents signed by residents accepting the

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responsibility of maintenance. Now, the lake is down to 3ft. from the normal 8 - 10 ft. and filled with sediment build up, cattails and mud. They feel this is devaluating their properties and will continue to do so. They would like to know if the city can do anything to help force this contract to be fulfilled. Both gentlemen have spent much time in researching the documents. Mr. Nelson had been told that this is a county problem. After reading the information provided, Attorney Voss had some recommendations due to assumption that the lake is not a city problem. The recommendation was for the homeowners have an informational meeting and obtain private legal counsel. At this time Mr. Voss will be glad to review their findings. There was much discussion on unsightly conditions being left by builders and the city not being aware of construction, such as a Chinese Restaurant and hours that businesses should be open, this will be checked to see if the city should have an Ordinance governing times for specific businesses. Mr. Harden said over the weekend he had filled two large garbage bags from Kroger's drains and was requesting some type of screening behind Kroger's to keep debris and such on their property, as he feels this is a health problem too. Planning and Zoning will be contacted concerning some of these drainage and water problems as to enforcement. Mr. Curry reminded that we have the new Storm Water Agency. Mayor Kirby said they would be contacted to check some of these problems. Mayor Kirby expressed his concern for problems they are experiencing and will be more aggressive concerning future developments. Mr. Nelson is expecting an answer from Jim Wenstrup of The Scheben Company, Inc. on Wednesday regarding the Storm Water Detention Lake issue. Mr. Nelson will call the City Hall with the reply.

Mr. McClellan reported a problem at the Lassing Green entrance. Due to a new house being built, a builder had done foundation work and damaged the sprinkler system and partially upgraded a pine tree. Mr. McClellan will continue to check after ground dries out.

ADJOURNMENT:

No further business to come before the Commission, Mr. McCormick moved to adjourn meeting at 8:40 p.m. Mr. Jennings seconded the motion. Motion carried.

APPROVED: ATTEST:

___________________ ______________________________

Don Kirby, Mayor Ruth G. Meadows, City Clerk Asst.

Kathy Porter, City Clerk/Treasurer

April 12, 2004