EMINENCE, KENTUCKY  JANUARY 13, 2003

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, January 13, 2003 at 7:00 p.m. with Mayor Doug Bates and the following members present: Kelly Mathis, Laura Whitney, Howard Roberts, Drane Stephens, Tom Ferguson, and Leeroy Winburn. Absent were none.

Immediately prior to the regular session a public hearing was held at 6:45 p.m. on the proposed use of the local law enforcement block grant. All of the above listed people were present. Also in attendance at the public hearing were Kevin Harris, Brooke Neville, Tim Fitzgerald, Todd Rankin, Mary Jane Yates, Sandy Doane, William Brammell, and Herb Kinman.

Mayor Bates called the public hearing on the law enforcement block grant to order at 6:50 p.m. Police Chief Mount Hadden reviewed the minutes of the January 8th advisory board meeting and explained the grant. He also informed the public who was on the advisory board. The federal grant amount is $4,500.00 with a $500.00 City match. Chief Hadden reported that the board recommends that the entire grant and match amount be spent to purchase digital cameras, surveillance equipment and tactical equipment to aid in drug enforcement and basic law functions for the Police Department. Mayor Bates asked for comments and questions regarding the law enforcement block grant. No comments or questions from the public. Mayor Bates asked if any other written or oral comments had been received from the public. None had. With no further comments or questions, Mayor Bates closed the public hearing at 7:05 p.m.

Mayor Bates called the regular session to order at 7:05 p.m.

The minutes of the previous regular session held on December 9, 2002 were reviewed. Mayor Bates asked for corrections or comments on the minutes. Member Roberts asked for one point of clarification on the motion allowing Tony Tingle to be exempt from paying impact fees on the forty-four sewer tap-ons he purchased from Paul Harrod. Clarification made that Mr. Tingle would have to pay impact fees on the remainder of his development after the forty-four are used up. Motion made by Member Ferguson and seconded by Member Roberts to approve the minutes as presented. All members present voted “Yea”.

The minutes of the previous special called session held on December 18, 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: Zone Change Request: Herb Kinman and Surveyor Adam West were present to discuss a possible zoning change. Mr. West explained that Mr. Kinman of Kinman Chrysler is purchasing two tracts of land from Casper Martin at the corner of Eminence Terrace and West Broadway and will probably be requesting a zone change from R-2 to B-3. The house will be taken down and the lot paved for location of vehicles for sale. There will be a 20 feet entrance on Eminence Terrace. A 2-3 foot tall retaining wall will be installed. Mr. Kinman stated he will work with the neighbors and will do appropriate setbacks for traffic. Attorney Brammell stated that all the adjoining property owners would be contacted by planning and zoning prior to the zoning hearing. Planning and zoning will make recommendations for or against the zone change. The formal request will then come to the City for their vote. Discussion held including the fact that children use this area and Mr. Kinman’s lot to walk through. Council discussed the possibility of Mr. Kinman installing sidewalks along the front of his entire business. Mr. Kinman was receptive to this idea.

Subject: County Business - Magistrate Wayne Gunnell was present. Welcomed all the new members and stated that he would be glad to assist them in any way he could and that the fiscal court meets the third Tuesday of each month. He had no new County information to present. Mayor Bates asked about the fire district tax. Mr. Gunnell stated there is a $35.00 per deed tax and that he would get more details prior to our next meeting. The purpose of the deed tax is to hopefully eliminate the funding from local county funds for the $6,500.00 per year given to each fire department by funding this from the deed tax.

Subject: Renaissance Report - Main Street Director Mary Jane Yates reported on Renaissance. Mary Jane reported that the historic district committee meeting would be held later in the month to finalize a letter to property owners in the proposed area inviting them to a meeting for their input on the district.

Mary Jane reported that Carol Kalbfleisch has resigned from the beautification committee, which handles, in addition to other activities, the Light Up Eminence festivities. This committee needs members and discussion on the projects including Light Up Eminence for budget planning.

Mary Jane reported that the West Owen Street project would be handled by the steering committee, as it is a CDBG project rather than a renaissance project.

Mary Jane reviewed the master plan on the streetscape project. The new proposal from CMW, Inc. combines Phase I & II with the total $400,000.00 grants. It has been decided to pull the City park in front of Farmers Deposit Bank from the streetscape project and to have the City bid it separately and do improvements based upon what the bank is willing to donate toward this. The revised streetscape area for the first two phases is in front of City Hall, across Depot Avenue to a bump-out by Brenda’s Beauty Shop and on to the end of the buildings before the City parking lot; and both sides of Penn Avenue as far as possible past Cook’s Pharmacy pending funds balance. We have approximately $8,200.00 as a rollover to spend toward the architect fees from the original Phase I to put toward the now combined Phase I & II project. The Phase III grant application deadline is February 14th. Our proposal for this phase will be both sides of Main Street. The revised proposal for professional services from CMW for streetscape development of Phase I and Phase II in the amount of $13,900.00 with additional reimbursable expenses was reviewed. Motion made by Member Roberts and seconded by Member Stephens to accept the proposal from CMW, Inc. as presented. All members present voted “Yea”.

Public Works Director William Smith asked for clarification on the City bidding the park improvements. Mary Jane explained that CMW’s proposal for this area was $85,000.00 and it was felt we could get the same or more improvements for less money if the City bids it independently. No City funding or work should be involved.

Citizen Kevin Harris requested information on the requirements for improvements on properties located on East Broadway. He is interested in purchasing a business property on East Broadway and is currently working toward opening a business in this location. Mary Jane explained that these have not been developed yet but that he would be contacted for his input.

Subject: Police Department Report – Police Chief Mount Hadden reviewed the monthly activity report with council. He also compared the 2001 and 2002 statistics and noted that 78% of our criminal cases for 2002 have been closed as compared to 56% for 2001. He attributed much of this to having one officer promoted to detective for the purpose of more in-depth investigations.

Chief Hadden reported that Sergeant Case has fully retired effective January 1st. He is still volunteering at the department by getting the mail and running other police department errands. He still has a key to the department.

Chief Hadden requested permission to sell the surplus 1992 Chevy police car, which has 125,600 miles on it. Motion made by Member Roberts to declare the 1992 police cruiser as surplus and to authorize the sale of the cruiser by sealed bid. Motion seconded by Member Ferguson. All members present voted “Yea”.

Chief Hadden reported that two major drug arrests have been made this day by DEA and the Eminence Police Department. He stated he could not release any other information at this time. Mayor Bates stated that our drug dog has been to assist the state police. Chief Hadden reported that if Officer Rankin is available or if adequate coverage is available to the City when assistance is requested, we will always try to accommodate other departments. Member Roberts stated he appreciated the good job the department was doing.

Subject: Public Works Department – Public Works Director William Smith reviewed the December activity report with council. Reported on the ten inch sewer force main repairs behind the Church on Clear Creek. The force main ruptured and approximately 1,000 gallons a minute was blowing out of the ground with pressure of 125 pounds. We repaired it ourselves twice and after the third time our equipment could not get into it so Sedam Contracting who had different equipment was called in to assist.

Member Winburn asked if we would be purchasing new Christmas decorations. Bill responded that he thought we were waiting on the Renaissance program to get further along before making any decisions on type. Member Mathis reported that the last time the committee checked on them, one snowflake cost $350.00. Bill reported that we also have no equipment to use in putting up and taking down the decorations. We have to rent or borrow something each year. He suggested perhaps all the cities could go together and purchase a bucket truck for this and other uses. They rented a 1996-bucket truck from Robinson Brothers, which seems to be in good shape. They are asking $12,000.00 for it.

Director Smith reviewed with council our current drug/alcohol-screening program through Motor Carrier Safety Consultants and compared it with Baptist Worx. Requested council change to Baptist Worx, as they have to go there anyway for the tests plus the cost of the tests will be cheaper. Motion made by Member Mathis and seconded by Member Roberts to authorize Mayor Bates to enter into the agreement for drug/alcohol screening with Baptist Worx and to cancel the contract with Motor Carrier Safety Consultants. All members present voted “Yea”.

Subject: Community Center Report – Mayor Bates reviewed the activity report with council. Reported that the YMCA will not be using the center. Reported that the grant for the school has been approved vie e-mail but that Mr. Baird is waiting on the official letter prior to the hiring process. The Director job description is ready. It was suggested to split the Assistant Director position into two part-time people with Mr. Baird being open to considering this.

Break taken at 8:10 p.m. Meeting resumed at 8:20 p.m.

Subject: Fire Department Report – Member Whitney reviewed the monthly and yearly activity reports with council. She stated once again that new members for the Board were a priority.

Subject: Al Moffett Sale of Property – Attorney Brammell stated that he had nothing new to report on this.

Subject: Administrative Office Report – City Clerk Sandra Doane reviewed the monthly administrative office report with council. Also reminded council that the six months’ budget comparison was enclosed with most areas being okay. Some of the ones at the 100% mark are okay as the total yearly expense is reflected. Others will be brought back to council in April or May for line item changes if necessary.

Sandra made a verbal and written report to council of her concerns for the financial future of the City General Fund if additional income was not secured.

Subject: Planning & Zoning Commission Board of Adjustments Appointment – Mayor Bates reviewed with council information he had given them on the planning and zoning commission and board of adjustments. Stated that we needed to ratify Mayor Shroyer’s re-appointment of Doug Kalbfleisch as a representative on the Board of Adjustments. Motion made by Member Whitney and seconded by Member Stephens to ratify the re-appointment of Doug Kalbfleisch to the Planning & Zoning Commission Board of Adjustments. All members present voted “Yea”.

Subject: Henry County Economic Development Board Appointment –Mayor Bates reviewed information with council on the Henry County Economic Development Council. Stated that we need to appoint a representative to the Economic Development Council. Various individuals interested in serving were discussed. Motion made by Member Stephens to appoint Claude Berry, Jr. to serve as the City’s representative on the Economic Development Council. Motion seconded by Member Roberts. All members present voted “Yea”.

Subject: Quit Claim Deed To Isadore Martin –Attorney Brammell stated that several years ago the City was requested by Isadore or Mary Martin to quit claim deed a piece of land to them. He believes we did so but the family states the deed was lost. He has prepared a replacement deed. Motion made by Member Roberts and seconded by Member Whitney to authorize Mayor Bates to sign a deed of replacement to the Martin estate after confirmation by Attorney Brammell that the replacement deed is consistent with the previous council agreement and description. All members present voted “Yea”.

Subject: Employment Policies and Procedures, Compensation and Classification Plan - Attorney Brammell reported to council that he had reviewed the policies and sent requested changes to Paul Combs for inclusion into the policies. Per Mr. Combs, these changes have been made. Attorney Brammell held the first reading of an ordinance adopting the revised employment policies and procedures, compensation and classification plan and repealing all other ordinances that relate to this. Member Roberts suggested that the sick leave be changed to being calculated on a time for time basis. Consensus of council was not to change.

Subject: Insurance Premium Tax Ordinance Amendment – Mayor Bates reported to council that in conjunction with the financial concerns the City Clerk had addressed that the previous council, when working on the current budget, had discussed increasing the insurance premium tax but couldn’t get it done in time to meet the notification requirements of the Department of Insurance. He feels we may want to do this now. Attorney Brammell held a first reading of an ordinance amending the insurance premium tax from 8% to 10%.

Subject: Standard Release of Claims – Attorney Brammell stated that he had a standard release of all claims for the settling of the litigation with Howell Contractors for council approval. Attorney Brammell explained the settlement with council for the sum of $25,500.00. Motion made by Member Roberts and seconded by Member Stephens to authorize Mayor Bates to initiate the agreement of release of claims between the City of Eminence and Howell Contractors, Inc. as presented by Attorney Brammell. All members present voted “Yea”.

Subject: Swimming Pool – Mayor Bates stated to council that we needed to be thinking about whether we want to open the pool or not. The last cost estimates received were $15,000.00 to repair the pool bottom and $1,400.00 to replace tile. This will be addressed again next month.

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

With no further business to be discussed, motion made by Member Mathis and seconded by Member Whitney to adjourn. All members present voted “Yea”. Meeting adjourned at 10:05 p.m.

DOUGLAS M. BATES, MAYOR
CITY OF EMINENCE, KENTUCKY

ATTEST:
SANDRA A. DOANE, CITY CLERK
CITY OF EMINENCE, KENTUCKY

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