CITY OF UNION, KENTUCKY

Business Meeting

MINUTES

Monday, February 14, 2005

CALL TO ORDER:

Mayor Don Kirby called the Regular Business Meeting of the Union City Commission to order at 7:30 p.m., Monday, February 14, 2005.

Present: Mayor Don Kirby; Commissioners: Gary McCormick, Wayne McClellan, Greg Lloyd and Warren Moore. Also present were Greg D. Voss (City Attorney), Kathy Porter (City Clerk/Treasurer) and Barry Burke (City Engineer).

Visitors signing the attendance list were: Teresa Franklin Hudson, CPA, Inc., Andy Rosen and Mike Trout.

MINUTES:

After reviewing the past minutes presented, Mayor Kirby asked for comments or corrections. Mr. McClellan asked City Clerk Kathy Porter if there were any changes since there was a second draft. City Clerk responded that the only change was a typo correction. Mr. Moore moved to dispense with reading of the minutes and accept as presented. Mr. McCormick seconded the motion. Motion carried.

TREASURER'S REPORT:

Mr. McClellan moved to accept the Treasurer's Report as of January 31, 2005 as presented. Mr. Lloyd seconded the motion. Motion carried.

BILLS FOR PAYMENT:

The bills for payment were reviewed. Mr. Lloyd made a motion to pay the bills as presented. Mr. Moore seconded the motion. Motion carried.

AUDIT REPORT: Fiscal Year ending June 30, 2004:

Copies of the audit had been mailed to the Commission prior to the meeting date. Teresa F. Hudson, City Auditor made her presentation of the Auditor’s Report and Financial Statements for the Year Ending June 30, 2004. Ms. Hudson explained the Table of Contents, as well as Management Discussion and Analysis, to which she drew attention to pages 6 and 7, stating that the one difference on page 6 is found under Capital Assets. We are required to state what the depreciation would be if you depreciated fixed assets.

Ms. Hudson pointed out that total assets were just over 1.2 million as of June 30, 2004, with total liabilities of $98,000, which gives the city a very strong financial position. The only debt outstanding is the payoff on the city building.

In regard to the Statement of Activities, Ms. Hudson stated that the city’s net income for the year was $274,000. Page 17 of the report compares budget to actual variance. 2004 was a very good year in that total revenue was within 2% of budget. Mayor Kirby stated that the main thought to take from the report would be that the city continues to operate efficiently, and that it continues to be good stewards of the citizens’ money.

Regular Business Meeting of Union City Commission

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CORRESPONDENCE:

Mayor Kirby read an email from Mr. Andrew Rosen (who was present) to City Clerk Kathy Porter, in which he asked to be considered for the Union Board of Adjustment vacancy. Mayor Kirby stated that Mr. Rosen is a very involved citizen, which is the number one key to being successful in such a position. Mr. McClellan stated that he is glad that Mr. Rosen has stepped up.

Mayor Kirby read Resolution NO. 2005-004, A RESOLUTION APPOINTING Andrew A. Rosen TO THE CITY OF UNION BOARD OF ADJUSTMENTS. Mr. McClellan moved to approve the resolution. Mr. Moore seconded the motion. Motion carried. The Oath of Office was administered by Mayor Kirby to Mr. Rosen.

Mayor Kirby read a letter from Mrs. Jennifer Brown, Whispering Trail, in which she requested that the 15 mph signs be replaced on her street. Mayor Kirby stated that Mr. Burke had spoken to Mrs. Brown, and that the topic would be covered in Mr. Burke’s report.

Mayor Kirby read correspondence from Gary W. Moore, County Judge/Executive, in regards to the Boone County Planning Commission, the makeup of the commission and the number of members represented from each city or county. Mr. McClellan posed the question of what Mr. Moore actually wants to do – does he want to “up” the cities. Mayor Kirby stated that it appears he is wanting to “up” the county; that whatever the number is, the city would need to be equal to, or greater than, Walton. Mayor Kirby stated that he would keep everyone in the loop concerning what is taking place.

CITY ENGINEER REPORT:

Mr. Burke started with Item # 18 since it had been discussed earlier in the meeting, concerning follow-up on a complaint from Whispering Trail resident Jennifer Brown on the placement of a 15 mph warning sign before entering the cul-de-sac. Ms. Brown had submitted correspondence previously concerning this same issue. Mr. Burke stated that he had spoken with the resident to clarify that the 25 mph signs is a precedent thing and it should not be disturbed. Mr. Burke recommended that Boone County Public Works add a 15 mph speed warning sign on each side of the existing pedestrian warning sign to improve safety.

Mr. Moore raised the matter of putting in sidewalks on Whispering Trail, since the setback of the homes would allow it. Mayor Kirby stated that it would be reasonable to look into, to go forward with Mr. Burke putting together an estimate to see what sidewalks would cost. Mr. Burke stated that he would estimate the cost at $12.00 a foot, on one side; generally speaking, at a cost of approximately $30,000.

Item # 1 – Mr. Burke addressed the issue of concrete street pavement repairs in Gunpowder Green Subdivision. Repairs have been completed but are still holding $2178.00 until clarification from the contractor on their invoice for curbing.

Item # 2 – Mr. Burke inspected Braxton Road and Sherman Court, which are under construction. Sidewalks are expected but status is pending at this time. Mr. Burke stated that the key to sidewalk completions is the Zoning Administrator and Building Administrator getting together before occupancy to make sure that the sidewalk is done or a condition of approval is given.

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Item # 3 – Mr. Burke stated that he will address the topic of Harmony Estates later in the agenda.

Item # 4 – Mr. Burke stated that two (2) additional stops signs have been installed along Fireside Drive at Ashton Court.

Item # 5 – Mr. Burke expressed his disappointment with the issue of the drainage swale situation and DADS Bobcat Service, who has stated that they will perform the needed restoration but has gotten involved in other projects in Covington with Cinergy, which has caused a delay. Mr. Burke will get back with DADS to see when they can proceed.

Item # 6 and # 7 – The Union Village Pond situation has posed a disappointment in the cost estimate, which is $108,592. Mr. Steve Berling will review the cost estimate for alternatives. We must also get an agreement from Don Harden to cross his property. There also was discussion about a 6-foot rather than 8-foot dredging depth to reduce costs. Mayor Kirby stated that we need to get the pond cleaned out as much as possible; if we are going to go to the amount of trouble that will be required, we should proceed with the 8-foot cleaning. Mayor Kirby also questioned SD#1’s indication of a Storm Water Master Planning Program being available to the city. Mr. Burke stated that the city could apply; it mainly is a matter of getting the plan of action in place to forward to the committee. Mayor Kirby advised Mr. Burke to proceed with whatever plan of action is necessary.

Item # 8 – There are no changes; currently waiting on the contractor. Boone County Public Works has been contacted to perform the work as an alternative.

Item # 9 – Mr. Burke addressed the issue of the drainage problem along Mt. Zion Road at Sycamore Drive. KDOT has agreed to supply a Ditch Box Inlet and upsizing the storm sewer; Benchmark Excavation has been approved to complete the total work. Mr. Burke will do follow-up with KDOT.

Item #10 and # 11 – Pending.

Item # 12 – Mr. Burke stated that drafts of re-mapping new drawings/sketches for the landscaping and mowing contracts in digital format have been completed. New drawings/sketches for the traffic islands and Old Union Road R/W will be included. An update of the Contract Specs will follow. A letter has been submitted to Tom Schomaker regarding acquisition or easement for erecting a monument sign on a property at the intersection of US 42 and Old Union Road. The city is waiting for a response to this letter.

Item # 13 – Mr. Burke stated that the street roll curbing problem on Capri Court is still pending. Boone County Public Works has been contacted to remedy the situation when the weather improves.

Item # 14 – Mr. Burke addressed the issue of a sidewalk along Hempsteade near Bayswater Drive has fractured around a sanitary manhole, which poses a pedestrian safety problem. Also, a street pavement settlement exists along Cedarwood and Bayswater. Mr. Voss stated that from a legal standpoint, the sidewalk problem is a minor repair and suggested that the city have it repaired.

Item # 16 – Mr. Burke will do a follow-up on the complaint from a Sycamore West property owner regarding the mud on the street problem generated from builder Tim Marsh.

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Item # 17 – As noted.

Item # 19 – Mr. Burke stated that the 35 mph speed sign along Mt. Zion Road, at Golden Pond, has been knocked down; Mr. Moore also stated that a sign on Mt. Zion near Gunpowder Road is down. The KTC will be advised of these problems.

Item # 20 – Mr. Burke inspected Brandsteade Drive where there are drainage problems. There are a number of different problems that have caused water to stand in the yards, such as sump pumps.

Additional Items. The water situation at the end of Braxton Drive upon entering the apartment complex is quite severe. There is a big pond, at the bend, which is half in Union, half in Florence. The most likely solution would be to install a catch basin near the intersection, in the City of Union, and install a storm line with a headwall where the grade falls down. Mr. Burke stated that this situation is only half of Union’s problem; perhaps we could contact the homeowners’ association also. Mr. Voss stated that the city has a problem and from a liability standpoint, we need to fix it as soon as possible. Mayor Kirby agreed and suggested working up a solution and then talk with Florence and the apartment complex to see if we can get some type of contribution from them.

Mr. Burke mentioned the issue of the Preliminary Plat for Harmony Estates. The plat has been submitted to the planning commission and they have already received the zone change. Review and comments will be made.

Mr. Burke has the plans for the commercial property at Richmond Road and Cavalry Drive. Review and comments will be made.

The Littlest Angels Learning Center site plan has gone thru the Board of Adjustments. Review and comments will be made.

Mr. Burke and Mr. McClellan attended the meetings in reference to the Union temporary Sewage Treatment Plant with Sanitation District officials and Developers. It appears there is satisfaction with the location. Mr. Burke has spoken with Greg Brown from Vitech about the contracts or agreements necessary partnering the city, SD#1 and Developer’s Drees and Arlinghaus to move the project forward.

PLANNING & ZONING:

Mr. Randy Barlow, Planning & Zoning Representative, was present but had no report.

OLD BUSINESS:

Second reading of ORDINANCE NO. 2005-001 – AN ORDINANCE ESTABLISHING CURFEW HOURS FOR PERSONS UNDER EIGHTEEN YEARS OF AGE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Mr. Moore made a motion to approve the Ordinance and Mr. McClellan seconded the motion. Motion carried.

Regular Business Meeting of Union City Commission

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NEW BUSINESS:

First reading of ORDINANCE NO. 2005-002 – AN ORDINANCE AMENDING THE PERSONNEL POLICIES AND PAY PLAN FOR THE CITY OF UNION, KENTUCKY. Mr. Moore made a motion to approve the Ordinance and Mr. McCormick seconded the motion. Motion carried.

Discussion of complaints received from Union Village concerning cars parking on the street heading in the opposite direction of traffic, as well as cars parking on lawns. City Clerk Kathy Porter stated that she has received several complaints on this subject. Mr. Lloyd stated that we are having a number of issues with one or two residences. He stated that it is definitely a detraction from the neighborhood at large. The problem seems to be that no one wants to have any teeth about this issue. There are ordinances in place for the city and county, but whenever anything is asked to be done, the sheriffs come out to talk to the owners, but the cars are not moved. Mr. Lloyd stated that letters and visits do not accomplish anything, but that Planning and Zoning will be taking a look at the situation. Mayor Kirby suggested that he could write a letter to the sheriff’s department to make sure that they know that where there is a legitimate ordinance, we would strongly urge them to enforce it. Mr. Moore stated that he did not have a problem with someone parking facing the wrong direction as long as they are on the right side of the street. Attorney Voss stated that the problem with cars facing the wrong way is that the vehicles will have to cross traffic the wrong way; if you look at the statutes, this is not allowed – the driver would be going the wrong way, however briefly, in a lane of traffic. Mayor Kirby stated that we would look at what is on the books and see just what it does say.

ADJOURNMENT:

No further business came before the Commission. Mr. Moore moved to adjourn the meeting at 9:01 p.m. Mr. Lloyd seconded the motion. Motion carried.

Signed this 14^th day of March, 2005.

APPROVED: ATTEST:

_____________________ _______________________________

Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer