CITY OF UNION, KENTUCKY
Regular Business Meeting
MINUTES
Mayor Don Kirby called the regular business meeting of the Union City Commission to order in the Union City Building at 7:30 p.m., Monday, September 13, 2004.
The following members of the Commission were present: Jonathan Jennings, Gary McCormick, Wayne McClellan and Warren Moore. Also present were City Clerk/Treasurer Kathy Porter, City Attorney Greg D. Voss, and City Engineer Barry Burke.
Visitors signing the attendance list were: Mike Trout, Fran Cheser, Greg Lloyd, Barry Burke and Don Harden.
MINUTES:
Mr. Moore moved to dispense with reading of August 9, 2004 meeting minutes and approve as presented. Mr. McCormick seconded the motion. Motion carried.
Mayor Don Kirby presented the Treasurer’s Report as of August 31, 2004. Mr. Jennings moved to accept the Treasurer’s Report. Motion seconded by Mr. McClellan. Motion carried.
The bills for payment were reviewed. Mr. Moore made a motion to pay the bills as presented and Mr. Jennings seconded the motion. Motion carried.
Mayor Kirby read letter dated September 7, 2004, from James E. Parsons, Boone County Deputy/County Judge Executive, reference being made to the proposed 2005 Goals and Objectives of the Boone County Planning and Zoning Comprehensive Plan. The County is planning to make four changes to the recommended goals. In order for the Goals and Objectives section to be consistent among all the legislative bodies, the county requests the City of Union’s consideration to adoption of these amendments to the recommendations. Mayor Kirby read the changes that they are recommending and asked for Mr. Kevin Costello to comment. Mr. Costello stated that he was not here to discuss this primarily and mentioned that David Geohegan, Director of Planning Services spoke about the proposed 2005 Goals and Objectives of the Boone County Planning and Zoning Comprehensive Plan at one of our previous city meetings and just recently the Fiscal Court felt they needed to make a few changes. Mr. McClellan stated that if the Planning Commission accepts it, the City of Union should do likewise. Mr. Costello stated that the City of Walton has adopted the Planning Commission version without the changes that are recommended by Boone County Fiscal Court.
Mayor Kirby gave first reading of ORDINANCE NO. 2004-006 – AN ORDINANCE ADOPTING AND APPROVING OF THE GOALS AND OBJECTIVES FOR THE 2005 BOONE COUNTY COMPREHENSIVE PLAN AS PART OF THE REVIEW OF THE CURRENT BOONE COUNTY COMPREHENSIVE PLAN APPLICABLE TO THE CITY OF UNION. Mayor Kirby asked for a motion that we approve the Ordinance on first reading. Mr.
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Moore made a motion and Mr. Jennings seconded the motion. Those in favor were Commissioners Jennings, Moore, McCormick and Mayor Kirby. Those opposed was Commissioner McClellan. Motion passed.
The Kentucky League of Cities Insurance fax dated August 31, 2004, in reference to Bond Quote for Public Officials. Attorney Greg Voss explained that our current coverage does not cover the Public Officials and a separate Bond required for the Mayor, City Clerk/Treasurer and the City Commissioners. Mayor Kirby asked for motion to pass the Bond Quote with the additional amount to include the Mayor as soon as possible. Mr. McClellan made a motion to accept the Bond Quote to include Mayor Kirby; Mr. Moore seconded the motion. Motion carried.
Mayor Kirby read a letter from Ms. Marty McDonald, Executive Director of Dinsmore Homestead letter dated September 10, 2004, in which McDonald thanked the City for its contribution to, and its support of, the Dinsmore Homestead.
Mayor Kirby also read a letter which was copied to City of Union, from Mr. John W. Hutton, Senior V.P. of Operations, Insight, to Mr. Tim Broering, Executive Director, Telecommunications Board of Northern Kentucky (TBNK).
Mr. Jennings mentioned letter from Regional Ethics Authority, which Mayor Kirby read, welcoming the City of Union as a new member.
CITY ENGINEER REPORT:
City Engineer Barry Burke
provided Commissioners with a monthly report regarding 23 issues that had been
addressed, completed or in progress since the last business meeting. Issues needing approval are listed in bold print
highlighted.
Mr. McClellan had some questions about the cemetery. Mr. Moore commented that the work started today. Mr. Burke commented that the 1st phase has been completed.
Mayor Kirby stated that invoices for Item #7 and #8 were approved for payments during the review of bills presented.
Item # 1 – Improvements to Gunpowder Greens are
approximately 95% completed on concrete replacement and repair. Excessive storm
water in street gutters (Gunpowder Greens Subdivision). A design plan for two
(2) storm sewers, catch basins and a manhole has been completed and cost
estimate submitted by the same contractor doing street repairs, is $10, 800. Authorization was made for Dad’s Bobcat
Service to do the work, in the amount of $10,800. Mayor Kirby moved to approve repairs and payment. Mr. Moore made motion to accept. Mr. McClellan seconded the motion. Motion
carried.
Item # 12 – Mayor Kirby stated that in anticipating of taking possession of the old U.S. 42, we need to rename the road. Mr. Moore made a motion to rename the road Old Union Road. Mr. McClellan seconded the motion. Motion carried.
Mr. McClellan stated that it is necessary to notify the residents and businesses on the Old Union Road. The actual addresses will not change. The only change will be that U.S. 42 will change to Old Union Road.
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Mr. Costello suggested that we may want to consider phasing in the change in order to give residents and businesses ample time to make their changes with address names, etc. Pick a time period as to when the switch will occur. He will work with us on this matter.
Mr. McClellan stated that he has not had his meeting with Transportation yet. He will meet with the Chief Engineer to discuss fixing culverts, road repair, striping, etc., before accepting ownership. They will not do the signage. The speed limit signs will need to be changed by ordinance. Speed limit is 55 mph until arriving in town, where it drops to 35 mph. He would like to get speed reduced to 45 mph, since it is now a city street. He is also concerned about how the identification is going to be done on the new road for Old Union Road, both at the North end and at Whispering Trails.
Item # 23 - Request for centralized sanitary sewerage service for Russwill Lane. Mr. Burke and Mr. McClellan shared information on its progress. Mr. Burke had talked with Mrs. Cheser and with the Sanitation District No. 1. The attempt to get the Sanitation District to fund a larger percentage of centralized sewers was an issue, in that Boone County Fiscal Court contributed a cost share due (Sycamore Drive shared grant) to the fact that it was linked to other projects within their county. The petition that Mrs. Cheser submitted showed that 19 out of 27 residents indicated that they were interested and would pay for 50% of the Preliminary Engineering Study together with 100% of the assessment based on the study. Sanitation District indicated that the preliminary engineering study would cost $4,000-$8,000. Sanitation District would not pay for any of the final assessment in order to build the system. Their estimate, based on previous projects, would be in the neighborhood of $12,000 a unit. If city would be interested in talking
further about picking up half of the cost of the Preliminary Engineering Study, together with one third of the total assessment of the overall project, it would likely cost approximately $112,000 to do this. This would enable the $12,000 per unit cost to be reduced to $10,000 per resident. Mayor stated that this was a physical possibility but questioned how this weighs with what the Sanitation District is telling us about no capacity and not being able to extend the lines out here. Mr. Burke stated that it is contradictory. The waste water treatment plant is probably a year and half off. Basically, it is an issue of cost.
Mrs. Cheser spoke on the petition she has been working on since last October. Mayor Kirby made the point that $112,000 would be about one-fifth of our budget for the year. Perhaps there is some other way at looking at this issue, such as grants.
Mr. Warren Moore stated that there are 108 possible residential hookups left on the pumping station when Pat Muldoon turned the IGA into the doctors’ office. He had to put in the line there to make that happen. He is in agreement with whatever we must do to make it happen if we can figure a way to handle the finances.
Randy Barlow suggested looking at the whole city as a means of meeting our goals and objectives for the city.
Mr. McClellan discussed sewers for the city, and the fact that we are not getting any help from the Sanitation District. Spoke about the Collett property and Drees with the Harmony project. He stressed the point that the City needs some help. Mr. McClellan is asking for assistance from
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State Representative Paul Marcotte and Senator Dick Roeding by way of a letter to the Sanitation District No. 1. He wants Mr. Burke to push the Sanitation District on our behalf.
Mr. Kevin Costello commented that NKADD knows of grants and/or funding sources if the city is eligible; contact John Mays, Executive Director.
Mr. Randy Barlow commented to Mr. McClellan in reference to his remark about Florence buying everything that the Sanitation District owns, that Florence has the leverage to do so; possible to watch the Union Town Plan go down the drain because we have not installed sewers; we need to do it ourselves or tie into someone who has the capacity.
Mayor Kirby stated to Mrs. Cheser that the answer from the city is neither yes nor no. One thing we need to do is get an assessment of our sewers across the entire town and then come up with a plan to take to the Sanitation District. The city should recommend to them what we need instead of looking to give us the answer. We should come up with the answer and go to them with the question of how they can help us. We need to come up with a comprehensive plan to present to the Sanitation District. Also, get the state officials involved when we do have a game plan.
Mr. McClellan stated that we need to react now; we need the sewers to make the Union Town Plan work.
Mr. Moore asked about the original study that was done back in the 80’s and how did Florence wind up with that capacity and we got cut out. Could they do this legally? Mr. Costello commented that this is referring to the 201 Study that defined what the service areas were. Mr. Moore would like to know whether or not they should have notified us that the capacity could be sold as we were never notified. Mr. Moore asked what decision we can make now on what we are going to do. Attorney Voss will check into the 201 Study; will contact the Sanitation District No. 1 on what is happening since last meeting of what alternatives they have possibly come up with for the treatment plant or holding plant that would service the City of Union and find out when they are going to put the thirty inch line in, if they are going to put in 10,000 feet or the 17,000 feet that they said would be put in.
Mayor Kirby stated that independently of that Mr. Barry Burke, P.E. City Engineer needs to put together a comprehensive plan of cost. Also, talk with State Representatives Paul Marcotte and Senator Dick Roeding.
Mr. Randy Barlow, City of Union’s Representative made comments earlier in the meeting. Mr. McClellan asked if he knew what the zone change is on the triangle property. Mr. Barlow answered that he received the notice but does not know what they are requesting; the Public Hearing should be coming up on Wednesday.
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NEW BUSINESS:
Mayor Kirby gave first reading of ORDINANCE NO. 2004-005 – AN
ORDINANCE LEVYING AND FIXING THE TAX RATES OF THE CITY OF UNION, KENTUCKY, FOR
THE FISCAL YEAR 2004-2005; LEVYING SAID TAX UPON REAL, AND TANGIBLE PROPERTY;
FIXING THE DATE OF PAYMENT, DISCOUNT PAYMENT, DELINQUENCY AND INTEREST CHARGES;
FIXING THE PURPOSE THEREFORE; AND SETTING FORTH THE PROCEDURE FOR COLLECTION OF
TAXES. Mayor Kirby asked for motion to
approve the Ordinance on 1st reading. Mr. Moore moved to approve the Ordinance. Mr. McCormick seconded the motion. Motion
carried.
Mayor Kirby read a Proclamation honoring the Boone
County Public Library’s 30th Anniversary. Mayor Kirby asked for motion to honor this. Mr. Moore so moved and
Mr. Jennings seconded the motion. Motion
carried.
Mayor Kirby presented discussion for Trick-or-Treat
hours. Mayor Kirby moved for motion to
set hours for 6:00-8:00 p.m., Sunday, October 31st. Mr. McClellan moved to accept motion. Mr. McCormick seconded the motion. Motion
carried.
Mayor Kirby asked if anyone in the audience had
anything to add to new business. No response.
Resident Michael Trout inquired about the fire
station. Mayor Kirby stated that the fire station is for sale, and that the
city is in the process of talking with owners about the possibility of
purchasing the station.
Mr. Moore mentioned the complaints on the weeds
along the fence line at Union Rice Cemetery.
His neighbor stated that the fence line has not been weeded in some
time. Mr. Moore looked at the problem
with the grass, which is about two (2) feet tall. It is the city’s responsibility to take care of that. Some of the weed problem is coming from
adjoining property owners, whose weeds are protruding through the fence.
Mr. Greg Spillman contractor for the city of Union
was present tonight to address the issue and ask if the city would prefer
spraying the weeds or pulling them by hand. Attorney Voss advised not to spray.
Mr. Spillman will get this issue resolved.
Mr. McClellan discussed the DuraTherm for street print
on the crosswalks for the new U.S. 42.
The cost to Union will be $24,500 of the $50,000 up-charge. This is a new technique but is very durable. Attorney Voss suggested more research be
done due to the cost and bidding process. Mayor Kirby asked for a motion,
pending an opinion/approval letter of the amount from City Attorney to approve the
DuraTherm street print for the crosswalks.
Mr. McClellan moved to accept the motion. Mr. Moore seconded the motion.
Motion carried.
Mayor Kirby noticed that Mr. Kevin Costello had to
leave the meeting before we got to the section on the agenda tonight where he
was going to give an update on the Phase 1 of U.S 42 Traffic Islands, Master
Landscape Plan.
ADJOURNMENT:
No
further business to come before the Commission. Mayor Don Kirby entertained a
motion to adjourn. Mr. Moore moved to adjourn the meeting at 9:20 p.m. Mr. McCormick
seconded the motion. Motion carried.
APPROVED: ATTEST:
_________________________________ _______________________
Donald G. Kirby II, Mayor Kathy
Porter, City Clerk