CITY OF UNION, KENTUCKY

Public Hearing (MRA/LGEA Fund)

and

 Regular Business Meeting

MINUTES 

Monday, June 8, 2009

 

 

PUBLIC HEARING

Public hearing regarding possible use of Municipal Road Aid and Local Government Economic Assistance program funds for the upcoming year.  Decision was made to use these funds as we customarily do for various projects throughout the year and on an as needed basis.  Commissioner Sayers moved to close the hearing.  Commissioner Adams seconded.  Hearing adjourned.

 

CALL TO ORDER: Regular Business Meeting

Mayor Don Kirby called to order the Regular Business Meeting for the Union City Commission on Monday, June 8, 2009 at 7:00 p.m.

 

Present: Mayor Don Kirby, City Commissioners Bob Kelly, Todd Sayers, John Adams.  Also City Engineer Barry Burke, (FOPPE Technical Group), Warren Moore (City Administrator), Kathy Porter (City Clerk/Treasurer), Karen Franxman (Events Coordinator). City Attorney Greg Voss and Commissioner John Mefford were not in attendance.  Attorney Mr. David Steele was in attendance for Mr. Greg Voss.  Seven (7) signed the attendance sheet.

 

MINUTES: (All Commissioners were provided a copy prior to tonight’s meeting)

Commissioner Kelly moved to accept the REGULAR BUSINESS MEETING MINUTES of Monday, May 11, 2009 and the motion was seconded by Commissioner Adams.  Motion carried. 

 

TREASURER’S REPORT: Commissioner Adams moved to accept the Treasurer’s Report as of May 31, 2009 as presented.  Commissioner Sayers seconded the motion.  Motion carried

 

UNION CARES PROGRAM:  Tracy Fuchs, Development Director of Family Nurturing Center, which is a not-for-profit charitable organization presented.  The organization has been in Northern Kentucky for thirty years and is a child abuse education/prevention agency.  This organization offers a wide variety of programs to the community.  The needs of the center were displayed for residents to view.  Karen Franxman described the program, stating with the economy the less fortunate are in need of help and the city building will serve as a drop-off/donation location.

      

CORRESPONDENCE:   Letter to John Schickel regarding a traffic signal request at Mt. Zion Road and Gunpowder Road.  Open bids received for waste collection and disposal services.  CSI submitted a letter stating it is not interested in bidding.  Bavarian’s bid was $45,765.00 quarterly; and $183,060.00 annually.  Rumpke’s bid was $50,595.75 quarterly; and $202,383.00 annually.  Mr. Brett Gaspard spoke in behalf of Rumpke asking the commission to take into consideration its past service from Rumpke.  Mr. Greg Rumpke spoke to the commission regarding recycling and asked that it be taken into consideration for future service options.  Mr. Bruce Wilcox spoke in behalf of Bavarian citing exemplary past service and offering letters or recommendation. Mr. Wilcox pointed out the large price difference between Rumpke and Bavarian, which is almost $20,000.00 annually.  Mayor Kirby announced that the commission would set a special meeting to determine which of these bids to accept.  Mr. Kelly would like to get references from other cities before trying to make a final decision.       

Mr. Lovett, a Whispering Trails resident stated that he had been served well by Rumpke and remembers when the city had some troubles with other providers.

 

CITIZEN COMMENTS:  Citizens wishing to be heard include George Allen, Russwill Lane.  Regarding the Sewer Project, Mr. Allen stated that he is still having issues with exposed rocks in his yard, telephone service lines cut three (3) times, with temporary wiring from his chimney to a tree, sidewalks with cracks, surveyor stakes, and a birch tree estimate still pending.  Mayor Kirby asked that Mr. Voss be contacted regarding these issues.  City Administrator Mr. Moore stated that the majority of the complaints are coming from residents regarding restoration/re-grading.  Mr. Burke addressed these concerns and spoke of heavy rain hampering the restoration efforts.  He will work with the contractors to UNION CITY COMMISSION

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be certain the project is completed satisfactorily.  Mr. Kenneth Bradley, a Russwill Drive resident made several complaints about the landscaping workers that have been at his property regarding the restoration and has asked them not to return.  Mayor Kirby stated that the city will work to reimburse Ms. Meihaus for the cost of the sidewalk and apron repairs damaged by the city’s contractor.  Ms. Meihaus stated she only recently found out that aprons and sidewalks were the property owner’s responsibility and has filed a claim for $1,900.00 with $1,000.00 deductible on her homeowners insurance.  When the insurance company settles, she will use some money to reseal the driveway and be in touch with Mr. Burke regarding the balance from the city.  Mr. Gary Vice addressed the commission regarding issue over the past flooding events along Whispering Trails.  Mr. Ron Hodges spoke to the commission regarding the same water problem and erosion taking place under his driveway.  Culverts are eroding.  Driveways are sinking.  Mr. Burke stated that the problem has to do with numerous undersized pipe culverts and driveways causing storm water backupages during intense rain storms.  Two (2) applications for 2009/2010 funding have been made to SD1 and Congressman Davis’ office without any commitments.  The site was previously reviewed by SD1 personnel. Mayor Kirby stated that he will contact Senator Schickel and Geoff Davis’ office and ask them to walk the site in order to expedite funds for the needed repairs.   Mayor Kirby asked Commissioner Adams to collect as many documents and pictures as possible in order to speed the process of receiving funds and having the necessary repair explored.  Mr. Lovett asked about the status of the project on Kirby property at the entrance to Whispering Trails. There is no new information.

  

CITY ENGINEER REPORT: Mr. Barry Burke with Foppe Technical Group presented the City Engineer’s Report.  (All Commissioners were provided copies prior to the meeting)   The sewer city’s contractor (G&T Excavations) is now working on Phase A & B of the Project installing sewers.  The Phase C re-grading/restoration process is was underway except for the follow-up needed due to the intense rain storm on Tuesday, June 2, 2009.  Letters were mailed to the Russwill residents explaining the Tap-In procedures.  The KIA State CWSRF Loan Application was denied – recommending that the city should reapply in October 2009.  However, Mr. Burke clarified that the alternative Fund “F” loan was not in jeopardy.  A final package for approval of this KIA loan is still in process.  Mr. Moore stated that he got a call from Mr. Bellan, at 1966 Mt. Zion Road, that there is an existing ice house underground on his property near the new sewer alignment and it is not to be disturbed.    Regarding Old Union Road – State Roadway transfers, city administration advised that a Quitclaim deed was received, forwarded to the City Attorney and recorded in the office of the county clerk.  The Gateway Parcels both north and south were included; however, more discussions with the KYTC should resolve this.  Regarding Gunpowder Greens Estates – Pavement settlement fronting 9794 Windsor Way. R.E.B.T. Construction Inc. submitted a quote for an edge drains excluding any concrete repairs; this cost item will be substantial and deferred until later.  Regarding traffic calming concerns the city will use the model/profile speed hump from Hempsteade on Burleigh Lane.  Regarding the Union Village stormwater problem at Braxton & Sherman Court behind Kroger, storm water inlets are on order for the work estimated to cost around $4,018.00, authorized with R.E.B.T. Construction.  R.E.B.T. is also working on fencing repairs along Hempsteade Drive culvert outlets via  Evarets & Moran properties  – Mills fencing will be involved.  Regarding the Hempsteade inlets, Spillman was previously paid $5,000.00 via an earlier uncompleted MOA.  However, due to recent storms, with added debris and need to line the channel with large football size stone, and additional costs of $2,320.00 was stated and authorized.  Hempsteade Estates pot holes on Lake Point Drive and Kinston Court will be coordinated with asphalt by Michels temporarily and concrete by Bluegrass Paving/TMS with the Hempsteade Drive project. 

 

PLANNING & ZONING:  Jim Longano - Planning and Zoning Union Representative

Unanimously appointed Mrs. Sayers to the Union Board of Adjustments.

 

 

CITY EVENTS COORDINATOR:  Karen Franxman reported May 16th and 17th were clean-up dates at the old firehouse. Volunteer hours logged by students totaled 52 hours of community service.  There will be another clean-up Monday June 15th and Wednesday June 17th.  Movie night will be June 19th, 2009, hosted by Boone County Parks and Recreation Dept., and co-hosted by the City of Union.  This event is being held at the old firehouse on Old Union Road.  The city needs to write a letter announcing this event and times the road will be closed.  Ms. Franxman met with Luann Baumann at the Building Department to start the process of getting the permit for the change of use.  Ms. Franxman is in the process of setting appointments with Union Emergency Services to tour the building and identify all switches.  Mr. Kelly has been asked to attend this tour.  Ms. Franxman met with Mr. Geohegan from Boone County Planning to discuss UNION CITY COMMISSION

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property on Old Union Road and US 42 that was deeded to the City from the state and discussed possible use of the property.  Currently working with Union residents interested in putting together a volunteer committee.  Following up with state laws about establishing committee.  Meeting times and dates to be determined.  Union Cares Program – May was a success and Paul Gottbrath expressed how pleased they were with the program.  Attached are some future event ideas that are under consideration.  Permission is requested to plan a Labor Day Parade.  

 

COMMISSIONER OF PUBLIC WORKS/UNION VISIONING COMMITTEE: Bob Kelly-Commissioner of Public Works; Follow up regarding stop signs at Ivy Pond residents at Golden Pond and Willow brook. Golden Pond/Lily Pad stop signs are up.  Favorable reports have been given.  Home on Lake Pointe is completely falling apart and the city needs to look at maintenance ordinance.  Attorney David Steele spoke on the procedure the city would need to follow up.  Attorney Voss should research this and get back to the commission.  The Pizzuti report is due soon would like to meet with them in August or September.  Mr. Kelly will get back with them on dates to present.      

 

OLD BUSINESS:

Second reading ORDINANCE NO. 2009-003 – AN ORDINANCE ESTABLISHING THE DAY AND TIME OF THE MONTHLY CITY COMMISSIONERS MEETING FOR THE CITY OF UNION, KENTUCKY.  THAT THE CITY COMMISSIONERS FOR THE CITY OF UNION, KENTUCKY SHALL HENCEFORTH MEET ON THE 1ST MONDAY OF EACH CALENDAR MONTH AT 7:00 P.M.  Commissioner Kelly made a motion to accept. Commissioner Sayers seconded.  Motion carried.

 

Second reading ORDINANCE NO. 2009-004 – AN ORDINANCE FIXING THE DATE OF PAYMENT, DISCOUNT PAYMENT, DELINQUENCY AND INTEREST CHARGES; FIXING THE PURPOSE THEREFORE; AND SETTING FORTH THE PROCEDURE FOR COLLECTION TAXES.  Commissioner Kelly made a motion to accept, Commissioner Adams seconded.  Motion carried.

 

Second reading ORDINANCE NO. 2009-005 – AN ORDINANCE ADOPTING AN AMENDED ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2008 THROUGH JUNE 30, 2009 BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT FOR THE CITY OF UNION, KENTUCKY.  Commissioner Sayers made a motion to accept.  Commissioner Adams seconded.  Motion carried.

 

NEW BUSINESS:

First   reading of ORDINANCE  NO.  2009-006 - AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010 BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATIION OF CITY GOVERNMENT FOR THE CITY OF UNION, KENTUCKY.  Commissioner Kelly made a motion to accept, Commissioner Adams seconded.  Motion carried.

                                                                      

First reading of ORDINANCE NO. 2009-007 – AN ORDINANCE ACCEPTING THE BID OF ___________ AS THE LOWEST, BEST AND MOST RESPONSIBLE BID FOR THE EXCLUSIVE RIGHT, PRIVILEGE, AND FRANCHISE OF ENTERING IN AND UPON THE STREETS AND PUBLIC WAYS OF THE CITY OF UNION, KENTUCKY, FOR COLLECTING AND HAULING AWAY FROM HOMES, DWELLINGS AND OTHER PLACES WHERE NECESSARY, GARBAGE, TRASH AND REFUSE, AND GRANTING AN EXCLUSIVE FRANCHISE FOR SUCH PURPOSES.  This ordinance will be presented at a special meeting on June 15, 2009.

 

First reading of ORDINANCE NO. 2009-008 - AN ORDINANCE REGULATING EXCESSIVE, UNNECESSARY OR UNUSUALLY LOUD NOISE WITHIN THE CITY OF UNION; PROHIBITING CERTAIN TYPES OF NOISES AS LOUD, DISTURBING, OR UNNECESSARY; PROVIDING EXEMPTIONS FOR CERTAIN TYPES OF NECESSARY NOISES; REQUIRING A PERMIT FOR INSTALLATION OF EMERGENCY WARNING DEVICES; AND PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDIN­ANCE.  Commissioner Sayers made a motion to accept, Commissioner Adams seconded.  Motion carried.

UNION CITY COMMISSION

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RESOLUTION NO. 2009-008 - A RESOLUTION FOR THE CITY OF UNION, KENTUCKY TO ACCEPT THE BID FROM BLUEGRASS PAVING, INC., TO PROVIDE REPAIRES AND IMPROVEMENTS TO HEMPSTEADE DRIVE.  Commissioner Kelly made a motion to accept, Commissioner Adams seconded.  Motion carried.

 

RESOLUTION NO. 2009-009 - RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR CITY ATTORNEY.  Commissioner Sayers made a motion to accept, Commissioner Adams seconded.  Motion carried.

 

ANNOUNCEMENTS:

Next City Commission Meeting: Monday, July 6, 2009 @ 7:00 p.m.

 

ADJOURNMENT:

No further business came before the Commission. Commissioner Kelly moved to adjourn the meeting at 9:50 p.m. Commissioner Adams seconded the motion. Motion carried.

 

 

Signed this 6th day of July, 2009.

 

 

APPROVED:                                                                                        ATTEST:

 

 

________________________                                                        _______________________________

Don Kirby, Mayor                                                                Kathy Porter, City Clerk/Treasurer