PUBLIC HEARING (MRA/LGEA Fund) at 7:00 p.m.
And REGULAR BUSINESS MEETING at 7:30 p.m.
Those signing the attendance list included the following: Kem Landrum, Carl & Mary Jo Caudill, Gerry Dusing, Karen Franxman, Randy & Kris Lovett and Yuzo Kojima.
OTHERS PRESENT: Mayor Don Kirby, Commissioners Bob Kelly, John Mefford and Todd Sayers. City Attorney Greg Voss, City Engineer Barry Burke and City Clerk Kathy Porter. ABSENT: Commissioner John Adams and City Administrator Warren Moore.
Mayor Kirby opened the Public Hearing at 7:01
p.m. and stated the purpose of the hearing was to receive input from citizens
regarding the proposed use of Municipal Road Aid Funds and Local Government
Economic Assistance Funds (Coal Severance), there is $535,348 in the Municipal
Road Aid Fund plus $15,644 in the Local Government Economic Assistance Fund
(Coal Severance). Typically, these funds are used for infrastructure road
improvements, maintenance, etc. Ms. Porter explained that these funds have only
been dipped into once or twice since she has been the City Clerk. Mr. Burke
recommended considering using those funds for road and interrelated storm
drainage projects in
Mayor Kirby asked for a motion to close the public hearing. Mr. Sayers made the motion. Mr. Mefford seconded the motion. Motion carried. The meeting was adjourned at 7:17 p.m.
CALL TO ORDER:
Mayor Kirby called the Regular Business Meeting of the Union City Commission to order at 7:30 p.m. Monday, June 9, 2008.
Mayor Don Kirby, Commissioners John Adams, Bob Kelly, John Mefford and Todd Sayers. City Attorney, Greg Voss, City Engineer, Barry Burke, City Administrator, Warren Moore and City Clerk, Kathy Porter.
There were eight (8) in audience attendance; those signing the attendance list included the following: Kem Landrum, Carl & Mary Jo Caudill, Gerry Dusing, Karen Franxman, Randy & Kris Lovett and Yuzo Kojima.
MINUTES;
Mr. Mefford made a motion to accept the minutes of the SPECIAL MEETING on May 1, 2008 as presented. Mr. Sayer seconded the motion. Motion carried.
Mr. Mefford made a motion to accept the minutes of the REGULAR MEETING on May 12, 2008 as presented. Mr. Adams seconded the motion. Motion carried.
Mr. Adams made a motion to accept the minutes of the SPECIAL MEETING on May 15, 2008 as presented. Mr. Sayer seconded the motion. Motion carried.
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TREASURER’S REPORT:
Mr. Kelly made a motion to accept the Treasurer’s Report as of May 31, 2008 as presented. Mr. Mefford seconded the motion. Motion carried.
CORRESPONDENCE:
There was no correspondence on the agenda to present.
CITY ADMINISTRATOR’S REPORT:
City Administrator Warren Moore made a short report.
He also stated that Midland-Atlantic has formally
requested that the city hold a public hearing to revisit their zone change
request for the Galleria at
He also reported that while all of the necessary easements for the sanitary sewer project have not been received from all affected citizens he will move forward with a pre-construction meeting with the city engineer, city attorney, and the contractor, etc. later this month.
Regarding the Urban Forest Commission, a contract with the Florence Nursery has been let for $28,000 to remove now and replant (this fall) the street plantings that were killed by last year’s late freeze and drought. This expense is in the FY 2007-08 budget. Plantings along the northern section of U.S. 42 have been put in the FY 2008-2009 budget at an allowance of $50,000 as opposed to the $60,000 that was initially requested.
Regarding the Old Fire District Facility, the City of
Mr. Moore commented that the FY 2008-2009 budget that is being presented at tonight’s meeting is as conservative as he could make it with the assumption that income would remain at near the same rate as the previous year.
CITY ENGINEER REPORT:
Mr. Burke’s monthly report containing about 38 ongoing and new items had been transmitted/provided to the Commissioners and city administration prior to tonight’s meeting for public record. Mr. Burke discussed and elaborated on several items within the monthly report.
He referenced the sanitary sewer project Mr. Moore reported on and added that he and Mr. Moore, Mr. Voss, etc. will be meeting with G&T Excavation Inc. at 10:00 a.m. on June 25 at the Union City Building to discuss the project with the contractor and other local utilities and state agencies. G&T Excavation has indicated to Mr. Burke that they plan on starting the project mid-July, if the weather cooperates.
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Item # 1 (a)(1) – Mr. Burke stated that the city has about 44 of the 87 easements needed for the Union Collector Sewers Phases A, B & C. Working with Attorney Voss, those easements will need to be signed and obtained as quickly as possible.
Item # 1 (a)(6) – Mr. Burke stated that the city has authorized himself and Mr. Moore, Union City Administrator, subject to approval, to address Mr. Yuzo Kojima’s storm sewer issues on Russwill Dr. crossing the sanitary sewer project. New design work relating to the storm sewer that stops short of the proposed sanitary sewer that needs to be extended. Mr. Burke will provide the design plans and the necessary permits. He will offer the work to G&T Excavation as well as other companies to bid the lowest price. Regarding Mr. Dwelly’s property on Russwill Dr. in regards to the proposed sewer lines Mr. Dwelly has informed Mr. Burke via a telephone conversation that he will not pay to have the proposed sewer line (about 715 feet of the line) changed in order to place the sewer line at a different location on his property. Therefore, Mr. Burke stated he will leave the original sewer line plan unchanged regarding Mr. Dwelly’s property. Mr. Dwelly indicated to Mr. Burke that he may contest the plan by contacting Attorney Voss. Attorney Voss indicated that he had not been contacted in regards to this matter.
Item # 1 (a)(10) – Regarding the CWSRF state loan, Mr. Burke stated that the preliminary application has been completed and the loan needs to be processed before by the end of the month of June, 2008. This is due to the fact that beginning on July 1, 2008, the start of the new FY 2008-2009, this type of loan will be by invitation only from the state. This loan in the amount of $517,500 will be used for the public sanitary sewer project that the city has a valid bid under contract for.
Item # 4 – In reference to the numerous
incidental repairs that the commission had authorized him to go ahead with at
the last meeting; these incidental repairs are under $20,000 each and
therefore, do not need to be bid publically. There are about 16 identified
items; and, Mr. Burke has chosen a total of four (4) contractors for these
projects. Some contractors are already underway including Paul Michels and Sons on
Item #11 – Mr. Burke reported on a joint
partnering project with the City of Florence on Wetherington Blvd., a street shared
by Union and the City of Florence (Florence is going to pay for 100% of the
engineering and inspections of the project within Union via a $300,000 grant
they have received from the KYTC and the City of Union will pay for the work to
be done on the street within the Union city limits. This will be a significant
savings to the city of
Item # 25 – Mr. Burke handed out and
referenced photos that he brought to show the so called “drainage pen” or
fenced area along the rears of lots fronting Hempsteade Dr. A five (5) or six
(6) foot diameter culvert put in when Hempsteade was developed. The structure
serves a watershed of about 128 acres. Preliminary analysis shows the highest
point of the watershed area is at
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in and remove the problematic part of the fencing. The cost may be closer to $3,500 to fix this problem but this is only an estimate. There is also an erosion problem on the outlet side of the drainage area at the headwall as well as a collapsed fence that poses a safety issue. Reference was also made to smaller structures further south along Hempsteade. These structures will also be inspected for safety and debris problems and recommendations made. Mayor Kirby instructed Mr. Burke to begin the work to address these issues immediately.
Staying on the subject of storm water problems on Hempsteade Drive, Mr. Burke also stated that Municipal Aid Road Funds could possibly be used to address the street sub-grade failures issues on Hempsteade due to the fact that it is a concrete street and is being affected by sub-surface water from water run-off from the front yards of the homes that accelerates deterioration as well as joints that were not sealed properly on a regular basis. To address this issue, he recommends installing curb-side drains and offering to residents the ability to tie in their sump pumps and roof leaders to those drains, milling of the top of the transverse joints, grinding out about thirty (30) inches of concrete near the gutter and resurfacing with asphalt over top of the concrete that will improve drivability and longevity. He reported that this will most likely be over $20,000 and will need to be put out for bid publically. Mr. Burke offered to put together a study focusing on the problems, bid specifications and plan on how to work with the homeowners on Hempsteade to offer connections to the proposed new curb side drains. Mayor Kirby asked him to please go ahead and work on the study, the plans and the bid documents.
Mr. Burke also commented on the north/south surveys
regarding the pieces of properties the city wants to purchase from the KYTC. As
authorized by city administration, these surveys and plats are complex. A
portion of the original public right-of-way for Whispering Trails may have to
be vacated in accord with proper legal procedures. Upon completion and
with application to the KYTC, Mr. Burke will forward the documents and work
with Attorney Voss for obtaining these parcels from the State of
The above text concludes the City Engineering Report for the June meeting.
PLANNING AND ZONING:
Mr. Patrick Reynolds, Planning and Zoning Representative, was not present.
SPECIAL GUEST PRESENTATION:
Attorney Gerry Dusing representing Midland-Atlantic
was present to formally request that the city hold a public hearing to revisit
their zone change request for the Galleria at
Midland Atlantic is asking for a public hearing
because it is a very significant project for the city and they feel the
Commission deserves a first hand hearing of the evidence in the case as they
felt the Boone County Planning Commission meeting outcome was “curious” due to
process of the public hearing the BCPC held. Mr. Dusing summarized that the
meeting lasted two (2) hours and twelve (12) people spoke on the issue. Of the
twelve (12) present, six (6) spoke for the Galleria plan and six (6) spoke
against it because they felt it would compromise the ability of the city to
develop
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his vote was to approve the project.
In the larger BCPC meeting, nine (9) members of the fifteen (15) were
present and the vote was 6-3 against the project. Mr. Dusing stated that the
most vocal opponent of the Galleria project was not at the public hearing to
get the information. Thus, he stated, his client felt it was warranted to have
a public hearing at the City of
PUBLIC WORKS/UNION VISIONING COMMITTEE: Bob Kelly, City Commissioner
Commissioner Kelly reported on the following issues:
He has contacted Spillman Landscaping regarding weeding, seeding and topsoil for medians.
The city is having some issues with grass cutting problems with vacancies and foreclosures. He referenced ordinances 8701 and 9203 that prohibit public nuisance regarding grass that is more than eight (8) inches tall. Spillman Landscaping has cut four (4) lawns due to this. The city policy and procedure is to send a certified letter out to the property owner to correct the nuisance. After receipt of the letter, they have 5 days to cut the grass or the city cuts it and charges the fee to the property owner.
Grass cutting concerns regarding the properties at or near the entrance of Whispering Trails: The city will send notice to the owners that they must maintain the grass at 8 inches or less. If they do not cut the grass within five (5) days of receiving a certified letter the city will arrange for it to be cut and charge the owners of those properties.
Sump pump issues draining on the grass and going over sidewalks continues to be an issue; one case is 1961 Arbor Springs. The owner feels it is the responsibility of Arlinghaus Builders. City Engineer Mr. Burke expressed his opinion that it is an engineering problem; another catch basin was not installed along the rear lots for a significant drainage area just upstream along Braxton and Palladian Drives, where it was necessary. Mr. Burke recommended contacting Bob Schroeder at Arlinghaus and that he may work with the city to address the issue. If not, the city would have to address the issue with the property owners to correct the problem and be in compliance with the 2006 City Ordinance. Commissioner Kelly will contact Arlinghaus Builders.
Lassing Green entrance landscaping safety issues are currently being addressed.
In front of the city building; storm water is accumulating when it rains and needs to be rerouted. Spillman
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is addressing and correcting this issue.
CITIZENS/PUBLIC COMMENTS:
Mr. Carl and Mrs. Mary Jo Caudill of
Randy Lovett and Kim Landrum, two separate residents of Whispering Trail, provided documents and a CD of photos and stated concerns regarding storm water drainage. City Engineer Mr. Burke explained the reasons for the problem pertaining to watershed. The city has applied for grants to address this issue and is awaiting word on grant awards. City Engineer Burke recommended regrading the area as a short term solution to the problem. Mayor Kirby asked Mr. Burke to assess the problem and see what the city can do to help alleviate the storm water problem, partnering with the property owners to do so. Mr. Burke stated that he will have surveys of the lot and prepare a grading plan for additional stormwater protection. Two (2) bids from reputable contractors will be sought and these improvements will be made. More permanent and detailed solutions will also be planned, if additional funding can be secured.
OLD BUSINESS:
Second reading of ORDINANCE NO. 2008-004 – AN ORDINANCE AMENDING THE CITY OF UNION, KENTUCKY ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008 BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT. Mr. Adams made a motion to approve the Ordinance. Mr. Sayers seconded the motion. Motion carried.
NEW BUSINESS:
First reading of ORDINANCE NO. 2008-006 – AN ORDINANCE ADOPTING AN 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. Mr. Mefford made a motion to approve the Ordinance. Mr. Kelly seconded the motion. Motion carried.
First reading of ORDINANCE NO. 2008-007 – AN ORDINANCE ESTABLISHING THE DAY
AND TIME OF THE MONTHLY CITY COMMISSION MEETINGS FOR THE CITY OF UNION,
KENTUCKY WHEREAS THE DAY AND TIME OF MONTHLY UNION CITY MEETINGS HAS BEEN
ESTABLISHED BY THE CITY OF UNION, KENTUCKY IN ORDINANCE NO. 82-017 NOW
THEREFORE THE CITY COMMISSION FOR THE CITY OF
Public Hearing & Regular Business Meeting of
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ON THE SECOND MONDAY OF EACH
CALENDAR MONTH AT 7 P.M. AT THE
Mayor Kirby read RESOLUTION NO. 2008-004
- A RESOLUTION AUTHORIZING THE CITY OF
Mayor Kirby read RESOLUTION NO. 2008-005 - A RESOLUTION APPOINTING CRESTON STICKLES AND MARK HADLEY TO THE BOARD OF DIRECTORS OF THE UNION EMERGENCY AMBULANCE SERVICE DISTRICT. Mr. Adams made a motion to accept the resolution. Mr. Kelly seconded the motion. Motion carried.
Mayor Kirby asked for a MOTION TO APPROVE SETTING A PUBLIC HEARING TO CONSIDER THE MIDLAND ATLANTIC/TARGET DEVELOPEMNT AT 8:00 P.M. ON JULY 14, 2008 AT RYLE HIGH SCHOOL AUDITORIUM. Mr. Mefford made a motion to set the public hearing at this date and time. Mr. Sayer seconded the motion. Motion carried.
Mayor Kirby asked for a MOTION TO APPROVE MOVING THE JULY REGULAR BUSINESS MEETING TO 6:30 P.M. ON JULY 14 AT RYLE HIGH SCHOOL AUDITORIUM, IMMEDIATELY BEFORE THE PUBLIC HEARING TO CONSIDER THE MIDLAND ATLANTIC/TARGET DEVELOPMENT. Mr. Adams made a motion to set the meeting at this date and time. Mr. Sayer seconded the motion. Motion carried.
Mayor Kirby asked for a MOTION TO APPROVE THE APPLICATION OF A LOAN FOR $517,500 IN ORDER TO ALLOW ALL CITY OF UNION KENTUCKY RESIDENTS TO LOAN FUNDS FROM THE CITY OF UNION, KENTUCKY IN ORDER TO PAY FOR THEIR CONNECTION TO NEW SEWER SYSTEMS. Mr. Mefford made a motion to set the meeting at this date and time. Mr. Adams seconded the motion. Motion carried.
ADJOURNMENT:
No further business came before the Commission. Mayor Kirby moved to adjourn the meeting at 8:59 p.m. Mr. Kelly made the motion to adjourn. Mr. Sayers seconded the motion. Motion carried.
Signed this 14th day of July, 2008.
APPROVED: ATTEST:
_____________________ _________________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer