Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, December 9, 2002 at 7:00 p.m. with Mayor Tom Shroyer and the following members present: Leeroy Winburn, Dwayne Roberts, Fred Downey, Kelly Mathis, and Laura Whitney. Absent was Member Doug Bates.

The minutes of the previous regular session held on November 11, 2002 were reviewed. Motion made by Member Mathis and seconded by Member Winburn to approve the minutes as presented. All members present voted “Yea”.

Subject: Community Center Rental Proposal - Art Adams was present to discuss his proposal to use the community center for a drug and alcohol treatment program. He wants to lease the center for one year with an option for three years. After discussion, consensus of council was to allow the use of the center for the going rate while he tries to get approvals to use the city council room and if approved he will come back to the January meeting to discuss the lease. Council prefers he not use the community center for this type of program.

Subject: County Business - Magistrate Wayne Gunnell was present. Discussed various county business including the passing of the deed tax for fire department income. Their next meeting is December 17th.

Subject: Renaissance Report - West Owen Street Consultant Kriss Lowry was present. Informed council she had meetings today with persons in the West Owen Street area who are being relocated. The meetings went well. Reported that the preliminary title searches have been done with some problems needing to be worked through. The plat is the holdup due to them encountering some of the same problems as found on the title searches. The title search information will assist in getting the plat completed by the end of the week. The committee is meeting next week. The asbestos inspections were also done today on some of the properties with the balance to be completed by the end of the week. The reports should be back in about two to three weeks on the samples. The property ownership can always be a problem but it is going fairly well. Ms. Lowry reviewed her quarterly accounting for this project, which showed only the planning expense of $15,000.00 to date with an account balance of $100.00, which the City put in to open the account.

Mary Jane Yates reported that the West Owen Street steering committee meeting Kriss discussed will be held next Wednesday, December 18th at 5:00 p.m.

Mary Jane reported that Light Up Eminence had a good crowd throughout the day. The arts and crafts sale had about twenty booths. Expressed her appreciation to Carol Kalbfleisch, Ellie Brammell, Kelly Mathis, Bill Smith, Tim Fitzgerald, and Terry Carson for all their hard work in getting everything ready and decorated for this activity.

Mary Jane reported that the historic district committee is preparing a packet to go to all downtown business and property owners in the proposed district. A meeting will be held later for sharing of ideas. The goal is to get the owners and tenants in a meeting for input and planning.

Reported that the architects have a rough estimate on combining both phases of the streetscape work. A meeting will be held soon to finalize these plans with revised costs and design for presentation at the January council meeting.

Subject: Police Department Report - Chief Hadden reviewed the monthly activity report with council. Detective Kemper is the activity officer of the month.

Chief Hadden reported that the abandoned vehicles on Short Alley and Fairview Court have been removed. The parking of vehicles on the sidewalk on North Penn at Elm Street has been taken care of.

Chief Hadden reported that he has not done anything else on the curfew surveys. Attorney Brammell reported that he contacted four cities with three responding on their curfew ordinances. New Castle reported that they have never cited anyone, but having it available has made a difference. Campbellsburg had a similar report of never enforcing. Captain Minnis of Shelbyville reported they had taken their ordinance one step further with them being able to take someone home, which they have done. They have not gone to court. They give a warning document and take home. Chief Hadden stated he feels we need something to enforce, particularly in the summer months.

Subject: Public Works Report - Public Works Director William Smith reviewed the activity report with council. Reported that the Henry County Water District project is still not complete. They believe they have found the problem, which is a clogged line between Sunnyside Road and the old plant. A new line is proposed for this area. A change order will be done with another contractor who is working for them. The master meter work in town is also not complete on this project so we will not want to release all of the money on this project.

Mr. Smith discussed with council a question, which has arisen on the impact fees. The Elm Crest project has prepaid sewer tap-ons that were paid prior to the impact fees and transferred from Paul Harrod to Tony Tingle and Alvin Sanders. The question is whether they would be subject to paying the impact fees. The prepayment of tap on fees was allowed in order to get money in advance to move the Elm Street pump station. The amount of money involved for sewer impact fees is forty-four lots @ $2,000.00 each for a total of $88,000.00. If credit were given to him for the difference in the sewer tap-on fees of $500.00 each the total would be $66,000.00. Mr. Tingle will be losing one lot beside a pump station that he cannot use and is willing to give the City an easement or possession of the lot. Attorney Brammell stated he feels we legally can enforce the impact fees if we want to, as it is a separate fee from the sewer tap-on fee. Discussion held. Motion made by Member Downy to allow T & S Realty, based upon a verbal agreement from the January 12, 1998 minutes, the forty-four tap-ons for the amount already paid with no impact fees required. Motion seconded by Member Roberts. All members present voted “Yea”.

Mr. Smith reported that the Seven Gables developer wants a decision from council on whether we would bring the water services to his property if he were able to get it released from North Shelby Water District. Mr. Smith reported that the estimated cost to extend the 8-inch water line and cross the road to this property would be $35,000.00. With 75 water and sewer hookups proposed we would recover $75,000.00 from water tap-on and impact fees and an additional $187,500.00 in sewer tap-on and impact fees for a total of $262,500.00. Consensus of council to agree to extend water service to the Seven Gables development at City expense if they are able to work everything out with Shelby County.

Attorney Brammell held the second reading of an amendment to the water and sewer ordinance clarifying connection and impact fees for new connections where previously demolished structures have been connected to the sewer and water. Motion made by Member Whitney and seconded by Member Winburn to approve this amendment as read. Motion carried unanimously by all members present.

Subject: Community Center Report - The activity report for November was reviewed. Several December activities were noted. Member Mathis asked when we would know about the school’s grant application. Mayor Shroyer reported it should be on the website next week. Mayor Shroyer asked council to review the financial report on the community center and if any questions to bring them back next month. Member Winburn stated he had checked the facility today on a complaint that the Church is not cleaning the facility adequately. He found no problems. Rev. Whitt was present and stated that after they leave at 1:30 or 2:00 the center is being used again, so they cannot be held responsible after they leave.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council.

Ms. Doane reviewed the line item budget changes needed to date. Motion made by Member Winburn and seconded by Member Roberts to authorize the line item changes to the working budget for the fiscal year 7-1-02/6-30-03 as attached hereto. All members present voted “Yea”.

Ms. Doane reported on a retirement system change, which allows employees to purchase service credit with before tax payroll reductions. In order to participate in the pre-tax purchase or the current after tax purchase (which we currently do) a new Form 7280 needs to be signed by the City authorizing our employees to participate in the installment purchase of service program administered by the Kentucky Retirement System. Motion made by Member Mathis and seconded by Member Whitney to authorize the Mayor to enter into the installment purchase of service agreement with the Kentucky Retirement System (Form 7280) authorizing our employees to participate in the installment purchase of service program. All members present voted “Yea”.

Subject: Fire Department Report - Member Whitney reviewed the Fire Department activity report with council. She emphasized the need to start having regular board meetings starting in January. New active members must be found.

Subject: Employment Policies and Procedures, Compensation Plan and Classification Plan - Attorney Brammell held the first reading of a summary to an ordinance adopting the revised employment policies and procedures, compensation plan and classification plan and repealing all other ordinances relating thereto and as listed. A special meeting was scheduled for Wednesday, December 18, 2002 at 7:00 p.m. to hold a detailed workshop on these policies and to hold the second reading of the ordinance.

Subject: Warrants - The warrants presented for payment were reviewed. Motion made by Member Winburn and seconded by Member Mathis to approve the warrants for payment as presented. All members present voted “Yea”.

Subject: Christmas Dinner - Council reminded of the Christmas Dinner on December 17th @ 6:30 p.m.

Subject: Closed Session - Motion made by Member Mathis and seconded by Member Roberts to go into closed session to discuss litigation.

Subject: Howell Lawsuit - Motion made by Member Mathis and seconded by Member Winburn to approve the terms of settlement of Henry Circuit Action No. 99-CI-00141 pursuant to the attached by disbursing to Howell Contractors, Inc. $25,500.00 of those monies previously withheld from Howell Contractors, Inc. The Clerk is hereby directed to make the check payable to Howell Contractors, Inc. and to Scott Guenthner, their attorney, in said amount. All members present voted “Yea”.

Subject: Hyatt Lawsuit - Motion made by Member Roberts and seconded by Member Whitney to accept from Lillian Hyatt and Paul Sue Martin an easement for surface water runoff/drainage to conform essentially with the terms of the attached exhibit and to accept said easement as a part of the resolution of Henry Circuit Court Action No. 2000-CI-00233. All members present voted “Yea”.

With no further business to be discussed, motion made by Member Roberts and seconded by Member Downey to adjourn. Motion carried unanimously. Meeting adjourned at 9:30 p.m.

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