CITY OF UNION, KENTUCKY

Public Hearing

Special Business Meeting

MINUTES

Tuesday, June 22, 2004

 

PUBLIC HEARING Municipal Road Fund & Local Government Economic Assistance Funds:

Mayor Kirby called Public Hearing to order at 7:30 p.m. to receive oral or written comments from the general public regarding the use of Municipal Road Funds and Local Government Economic Assistance Funds.  Mayor Kirby explained the amounts of both funds available.  Approximately $221,290 is available, which would include balance carried forward and the anticipated receipts and interest for the coming year.  The discussion was opened up for suggestions as to how the funds could be used. Mr. McClellan was concerned with the participated opening of the new road that some type funding could be used to help businesses on old US 42 to continue support from their regular customers  and attract new customers  No further comments, Mr. Moore moved to adjourn the Public Hearing.  Mr. Mc Cormick seconded the motion. Motion passed and meeting was closed at 7:35 p.m.

 

SPECIAL BUSINESS MEETING

CALL TO ORDER:

Mayor Don Kirby called the special business meeting of the Union City Commission to order in the Union City Building at 7:35 p.m., Tuesday, June 22, 2004.

                            

The following members of the Commission were present:  Wayne McClellan, Gary McCormick. and Warren Moore.  Mr. Jennings was absent.  Also present were City Clerk/Treasurer Kathy Porter, City Attorney Greg D. Voss, City Engineer Barry Burke, Dave Geohegan – Planning and Zoning.

Visitors signing the attendance list were Nelson Smith, Derrick Strode, Greg Lloyd, John B. Nalbandran, and Tim Broering – TBNK

 

MINUTES:

Motion to approve the May 10, 2004 meeting minutes as presented was made by Mr. Moore and seconded by Mr. McClellan.  Motion carried.

 

TREASURER’S REPORT:

Mayor Kirby presented the Treasurer’s Report as of May 31, 2004. Mayor Kirby brought to attention the use of the temporary service, which is a help to the City Clerk. Mr. McClellan moved to accept the Treasurer’s Report.  Motion seconded by Mr. McCormick and motion carried.

 

BILLS FOR PAYMENT:

The bills for payment were reviewed. Mr. McClellan made a motion to pay the bills as presented and Mr. McCormick seconded the motion. Motion carried.

 

CORRESPONDENCE:

No pertinent correspondence, Mr. McClellan brought up the request of Mrs. Catherine Johnson – 10033 Cedarwood Drive to remove the cemetery fence around the gravestone that is located in her backyard. A letter is to be forwarded to Mrs. Johnson informing her that this is not possible according to information on cemeteries provided by the Boone County Zoning Regulations Section 3166.  She can contact Director Kevin Wall, if she has any further questions.

Two bids had been received to build the proposed 360 ft. length, 10ft width road at the Union Rice Cemetery. 

 

1. Paul Michels and Sons, Inc. - $17,750.00

2. Len Riegler Blacktop, Inc. - $10,450.00

Mr. McClellan moved to accept the bid of Len Riegler Blacktop, Inc.  Mr. Moore seconded the motion.  Motion passed.

 

Two proposals from Tru-Line Striping, LLC and TNT Line Striping were received for striping of Richmond Road, Braxton Drive and Churchill Drive, also the stop bars throughout the subdivision.  After discussion of the proposals in regard to materials to be used and durability,   Mr. Moore made a motion to table a decision until such time further study and evaluation can be made.  Mr. McClellan seconded the motion. Motion passed. Mr. McClellan will conduct the investigation. 

 

CITY ENGINEER REPORT

Engineer Barry Burke provided Commissioners with a monthly report regarding 18 issues that had been addressed.  These included excessive storm water in street gutters in Gunpowder Greens Subdivision being surveyed and plans completed for bid. Also concrete street pavement repairs specifications will be prepared for there and cost estimates obtained.  Specifications for Crosswalk Striping along Braxton Road prior to entrances to Krogers and the Boone County Library will be completed and forwarded to BC Public Works for work scheduling. Uncompleted sidewalks fronting vacant or building lots along Braxton Road and Sherman Court are still being pursued involving Scheben Company and BFT  Investments with addition of lot 70 and land space between lots 129 and 130 to be added to uncompleted sidewalk list. Periodic updates will be provided regarding future developments and infrastructure for the Drees Company/Harmony Estates, Arlinghaus Builders and Union Town Plan.  A meeting was held on May 19th with Sanitation District # 1 with Attorney Greg Voss, Commissioner McClellan representing the City of Union.  Some items discussed were land, cost, capacity and Drees’ desire to start construction in 2005. It is felt the city should encourage the Sanitation District to move the plant to the north so as to better serve the city. A meeting is to be scheduled with Cinergy on upgrading or relocating overhead power line along existing or new US 42 due to location of new firehouse had been requested.  Traffic lanes need to be re-striped along Richmond and Braxton Roads at intersection of US 42.  An updated Service Agreement had been reviewed by Foppe’s legal counsel and City of Union Attorney Greg Voss and found acceptable.  A resident’s complaint for additional stop sign along Fireside Court and Ashton Court has bee forwarded to BCPW for review.  A request for a NO-Outlet sign will be processed by BCPW and billed accordingly.  Cost estimates have been submitted for an additional internal access drive for Rice Cemetery.  KTC District 6 had been contacted regarding the need for additional “asphalt feathering” needed at the Mt. Zion and Gunpowder Road.  BCPW has been contacted to repair pot holes and uneven surfaces in both lanes at the entrance and exit near Mr. Zion Road, a pot hole along Burleigh and Hempsteade just before Bayswater Drive per property owner Warren Hanson 10184 Glenfield Court.  Cost will be approximately $1000.00 billed to the city.  A cost estimate is to be obtained from a contractor for performing restoration work on the property of Doris Creech – 1711 Pickett Run due to ponding in her rear yard.  Had met with Boone County Planning Commission representatives regarding the Union Village Storm water Retention Pond and is fully explained in

the Memorandum presented. Another meeting is scheduled for June 28th and more information will be obtained as to costs. The May 21st meeting with Richard Wilkerson – 10043 Golden Pond requested information how to resolve a drainage problem. He was advised a sketch plan be prepared and submitted to the proper authorities for an encroachment permit regarding any work on the city’s right-of-way. Met with Mr. Mustacchio on site (Lancashire Subdivision Abbington/Napa Ridge Drives’) and reviewed the rear yard drainage problem.  In an effort to permanently to solve this problem 2 measures requiring easements from property owners affected will be needed.  A letter is to be forwarded to the planning commission requesting that existing regulations should have required additional infrastructure. Who pays for this work has not been determined. Doug Meyers – 1204 Lancashire Drive has been informed that to extend his driveway, a zoning permit must be issued by the county’s zoning administrator and an encroachment permit must be submitted and approved by the city.  Mr. Denny Fossett – 10169 Hartwood Court complained of storm water discharge eroding his yard from a piped system.  It was determined that this is a private issue.     

Copies of the monthly report and memorandum are attached to minutes on file.

 

PLANNING AND ZONING REPORT

Mr. Randy Barlow, Union’s Representative was not present.

 

Mr. David Geohegan, Director of Planning Services with Boone County Planning and Zoning spoke about the recent action taken by the Boone County Planning Commission regarding the 2005 Boone County Comprehensive Plan, Goals and Objectives.  There were 14 new changes in the new plan. There is support for the Union Town Plan.  Commissioners commented that this was a job well done.

.

OLD BUSINESS

Second reading of ORDINANCE NO.: 04-001: - AN ORDINANCE AMENDING THE CITY OF UNION, KENTUCKY ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2003 THROUGH JUNE 30, 2004 BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT. Mr. Moore moved to accept second reading of Ordinance No.04 – 001.  Mr. McClellan seconded the motion and motion passed.

 

NEW BUSINESS

Honorable Anthony Frohlich, a resident of Union was present to announce that he had been appointed Circuit Judge by Governor Ernie Fletcher. He expressed his admiration for the City of Union and that it was a great place to live and he would do all he could to keep that atmosphere.  Mr. Moore congratulated him.

 

Mr. Tim Broering, Executive Director of Telecommunications Board of Northern Kentucky presented information on the services provided to the community by TBNK.  There are five cities that are not members and do not pay fees.  Therefore, if  the City of Union does not join the Telecommunication Board, the city and citizens will not have access to the Public Access Channels, Government, Education, Devotion and CPC channels 21 and 22. Mr. Broering explained this is a good communication and educational tool for the city and its citizens. There would be a split of the 5% Franchise fee collected with TBNK receiving 2%.  This would cost the city $12,000 to $15,000.  An Interlocal Agreement would be signed.  Mayor Kirby’s concern was

the Union citizens not having access to this programming.  Those channels will be blacked out September 1, 2004 if the city does not become a member. Mr. Broering will be forwarding to the City Clerk a copy of the Information Packet for the Commission’s review.  The Commission will be getting some more input and examine the Insight contract and make a decision at the August meeting.  

 

Mr. Doug Simpson of Simpson Properties, LLC presented the Commission with his proposal for their input regarding a carwash known as Laserwash.  The location would be at 8750 Richmond Road next door to the Kroger complex.  Mr. Simpson gave a brief description of his credentials and of his partner Rick Dalton.  The construction would be the same as Heritage Bank, Skyline and Kroger.  The facility would include all up todate features, providing an almost noiseless operation 24 hours daily, seven days a week. The Commission could not make a decision without some further study.  Mayor Kirby asked Dave Geohegan to elaborate on the request, his reply was

that a couple of proceeding things would be that it would have to go before the  Board of Adjustments due to zoning and the concept plan shows it as a sit down restaurant and would probably require a Public Hearing. Mr. Simpson will be back for the July meeting.

 

Mr. McCormick left meeting at 9:16 p.m.

 

Mayor Kirby read RESOLUTION NO. 04–002: – A RESOLUTION APPOINTING THE FOPPE TECHNICAL GROUP, INC. TO THE CITY ENGINEER POSITION FOR THE CITY OF UNION, KENTUCKY.  Mr. Moore moved to accept the Resolution.  Mr. McClellan seconded the motion.  Motion carried.

 

Mayor Kirby read RESOLUTION NO. 04-003: A RESOLUTION APPOINTING EDDIE JOHNSON AS THE SEXTON OF UNION RICE CEMETERY FOR THE CITY OF UNION, KENTUCKY.  Mr. McClellan made a motion to accept the Resolution.  Mr. Moore seconded the motion.  Motion carried.

 

Mayor Kirby presented budget copies to the Commission and asked that they study and make comments by July meeting.  There are some added items with some adjustments to make the budget keeping easier for the City Clerk.  One main item is an 8 ˝ percent raise for the City Clerk raising her salary to $32,500 and  streets will need more.

 

First reading of ORDINANCE NO. 04-003: AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT FOR THE CITY OF UNION, KENTUCKY. A motion to accept first reading by Mr. Moore.  Mr. McClellan seconded the motion.  Motion carried.

 

First reading of ORDINANCE NO. 04-004: AN ORDINANCE OF THE CITY OF UNION, KENTUCKY AMENDING ORDINANCE NO.94-013 ESTABLISHING A CODE OF ETHICS. A motion to accept first reading by Mr. McClellan. A second to the motion by Mr. Moore.  Motion carried.

 

ADJOURNMENT

No further business to come before the Commission, Mr. Moore moved to adjourn the meeting at 9:37 p.m.

Mr. McClellan seconded the motion.  Motion carried.

 

APPROVED:                                                                                 ATTEST:

 

________________________                                                     _______________________________

Don Kirby, Mayor                                                                        Kathy Porter, City Clerk/Treasurer

 

July 12, 2004