Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, October 13, 2003 at 6:00 p.m. with Mayor Doug Bates and the following members present: Kelly Shannon, Howard Roberts, Drane Stephens, Tom Ferguson, and Leeroy Winburn. Absent was Member Laura Whitney.

The minutes of the previous regular session held on September 8, 2003 were reviewed. Motion made by Member Ferguson and seconded by Member Shannon to approve the minutes as presented. All members present voted "Yea".

The minutes of the previous special called session held on October 7, 2003 were reviewed. Motion made by Member Roberts and seconded by Member Shannon to approve the minutes as presented. All members present voted "Yea".

Subject: Request for Exemption From Impact and Service Connection Fees - Resident Jim Bennett was present to request an exemption to the City's water and sewer impact fees. Mr. Bennett stated he has sold his house to his son-in-law and is currently living with them. He wants to build a house beside the current house and feels that the total of $3,500.00 for the water and sewer connection including the impact fees is excessive. His reasoning for this request is that since all four people are living in the same house now, no more usage will be going into the system than we are currently getting. Member Ferguson stated that he feels Mr. Bennett has been very cooperative in the past with the City when we put in our pump station by giving us the right of way. If legal action were to have been necessary to obtain the right of way that cost would probably have been about $1,500.00. Attorney Brammell stated he feels we cannot go back to previous considerations in making this decision and that the current ordinance states what the charges are for new services. Motion made by Member Roberts and seconded by Member Shannon to deny Mr. Bennett's request for an exemption from paying the water and sewer impact fees. On a call of vote, voting "Yea" were Members Shannon, Roberts, Stephens, and Winburn. Voting "Nay" was Member Ferguson. Motion carried.

Subject: West Owen Street Project - Kriss Lowry reviewed the status of the West Owen Street project with council. We have completed three lot acquisitions with a deed being prepared on 110 West Owen Street. She is still working on several estates. The Tye lot will have to have an exception filed, as it was incorrectly included with the Sleets' property. Janet Timberlake has still not replied with a counter offer from our request to purchase. Kriss would like permission to condemn if this can't be resolved in a timely manner. Motion made by Member Roberts and seconded by Member Ferguson to proceed with condemnation on the Janet Timberlake property if no resolution has been arrived at within ten working days. All members present voted "Yea".

Kriss discussed an agreement with Anna K. Hernandez not to purchase her property. Her property is one of the ones located around the curve and due to money restraints would probably not be purchased now anyway. Ms. Hernandez has never wanted to sell her property. The agreement would allow the City to clean up the property and allow Ms. Hernandez to keep the property and require her to maintain it from this point. Motion made by Member Ferguson and seconded by Member Shannon to authorize the Mayor to enter into the agreement not to acquire 325 W. Owen Street from Anna K. Hernandez. All members present voted "Yea".

Member Roberts stated he appreciates Kriss's hard work and suggested a letter of commendation be sent to her.

Member Winburn asked about the time factor of the project. Kriss stated that we are behind schedule. Member Winburn asked what percentage of this project must be done before we can re-apply for funds. Kriss stated she doesn't know of any funds available, but currently the percentage requirement is 60%, but that it could change with the new Governor.

Subject: Request for Exception to Garbage Pickup - Russell Merker was present to discuss with council his being charged for two different services at 196 Tolle Court. Even though he has two water meters, he cannot justify paying this twice and is asking for the trash to be taken off the second bill. The second meter goes to his garage that has an apartment over it. Mayor Bates explained that the policy is if the water is active then a charge is to be made for the garbage regardless and that he could discontinue the separate water service to the garage and apartment if he chooses, which would eliminate the trash charge. Consensus of council was to not allow the exception.

Subject: Cats - Member Roberts stated he has had four different complaints on cats. Section 90-02 of our ordinance does say all animals shall be restrained and he is wondering how we will enforce this and take care of the cat problem. Mayor Bates stated that the Humane Society is working on a way to deal with cats and if we can hold off until they can get a plan in place we will hopefully have the problem solved.

Subject: Water and Sewer Rate Increase - The previous proposal to increase water and sewer rates was discussed again. Attorney Brammell stated he has reviewed the sections which may be changed and that Section 12 (Rates and Charges For Sewer Services) has the rates divided by user rate and debt service and that we may need to inquire with the lending institution about changing these rates. Member Stephens stated he is reluctant to raise the rates at all due to the other increases and changes we recently have made. The previously requested additional proposal on the water and sewer rate increases was reviewed. Motion made by Member Ferguson and seconded by Member Winburn to proceed with an ordinance changing the rates using Proposal #3 on the water and Proposal #2 on the sewer. Voting "Yea" were Members Shannon, Roberts, Ferguson and Winburn. Abstaining was Member Stephens. Attorney Brammell held the first reading of an ordinance amending Sections 6 and 12 of the water and sewer ordinance, thereby increasing the rates for water and sewer usage.

Subject: Main Street Report - Main Street Director Mary Jane Yates reviewed the status of the streetscape and façade projects. Reported she has had an e-mail from Jim & Donna Ludwig of Smithfield stating how happy they are that we are saving the old bank building.

Reported that the review committee has approved five property owners to participate in the local façade grant program totaling $31,788.00 in repairs. The participants are Ray and Pam DeVary (Quality Heating), Kevin Harris (House Calls), Chat-N-Nibble (the lodge portion), Gin & Bill Wells, and Tom Shroyer (Shroyer Insurance Agency). One other participant, John Coomes (Eminence Appliance) will be participating also, but due to illness all of the paperwork could not be done on time. This grant requires 50% owner participation. Our 1/2 of the above repairs comes to $15,894.00, which leaves $3,606.00 of the City's $19,500.00 total to be used for Mr. Coomes and/or other areas. Mary Jane would also like to propose replacing the police department awning with the balance of the money. This would require a budget change and/or a letter from the City. Council agreed to this change.

Mary Jane reported that she has contacted the design firm about the pre-construction conference on the streetscape work. Brian Hill will be working on this in the absence of Doug Maxson. The contracts have been sent to MAC Construction for their signature and will be forwarded to the City for signing. MAC is proceeding with ordering supplies so they will be ready to start after the meeting. Mayor Bates stated that he and others have met with the State and decided that Depot Avenue will be blocked off entirely during the construction and then made one way going the opposite way.

Mary Jane reviewed a Preserve America Resolution with council. If we decide to participate, she will prepare an application to take to the fall training to be complied with and sent to the federal level as a group for Kentucky. Motion made by Member Stephens and seconded by Member Ferguson to adopt the Preserve America Resolution as presented. Motion carried unanimously.

Mary Jane reported that Governor Patton will be at City Hall on Wednesday, October 15, 2003 to present our new streetscape grant award of $250,000.00.

Subject: Police Department Report - Police Chief Mount Hadden reviewed the September activity report with council. Activity for the month is down. Reported that the department has received a $5,000.00 Kentucky Highway Safety Grant and that they will start additional traffic enforcement for this grant on November 17, 2003 for about a week, again around Christmas and again in the spring. This will include such things as speeding, use of seat belts, etc. As part of this grant they will assist on the larger arteries into the City, which will put them out of the city limits sometimes.

Subject: Halloween Trick Or Treating - Discussion held on when to observe Halloween for trick or treating. Halloween is on a Friday this year, which sometimes creates a problem for us with cruisers and excessive traffic. Chief Hadden stated that the previous two years have not been bad. Consensus of council to observe trick or treating on Friday, October 31, 2003 from 6:00 to 8:00 p.m.

Subject: Public Works Report - Public Works Director William Smith reviewed the activity report with council. Mr. Smith stated that the Division of Water has inspected our system with no violations being issued. Reported that the valve replacement project replaced six gate valves and two fire hydrants.

Reported that the Seven Gables property should be taken off the agenda. Shelby County has prior claim to providing water service and we do not wish to be part of any litigation. We would require annexation prior to providing sewer service. The property is not contiguous with the city limits, which would require another property owner to also come into the city limits.

Reported that Derrick Engineering has been notified to proceed with the 201 Study.

Mr. Smith discussed the meter at the Eminence ball field, which is a seasonal meter and has the sprinkler system attached to it for watering the fields during baseball and football seasons. They have requested to have the sewer charge adjusted off their meter. Motion made by Member Stephens and seconded by Member Ferguson to charge this meter for actual water usage and minimum or average sewer usage as long as it is being used for this purpose and further based upon this being a service being utilized by the general public versus private property. All members present voted "Yea". Consensus to adjust the current sewer charges above the minimum charge off the bill.

It was requested that Mr. Smith take care of getting the dead tree removed from the park area.

Subject: Community Center Report - The community center report was reviewed. Council expressed their appreciation for the excellent management at the Center by Sandy Rhoades. Motion made by Member Winburn and seconded by Member Ferguson to authorize the purchase of a plaque for Dr. Rhoades not to exceed $50.00 expenditure in appreciation for her services to be presented at Christmas.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly activity report with council. Reported on the progress with the garbage franchise. Ms. Doane presented a request from Stanley Clark with the Eminence Cemetery Board to have the trash service exempted at the cemetery as they feel they do not use the service and only use the water for setting of stones, etc. Council discussed with consensus being not to allow this exemption as they feel the service could be utilized instead of putting the old flowers into a dump area behind the cemetery.

Ms. Doane reviewed the first quarter budget comparison with council. Some areas are over budget by line item, which will need to be changed prior to the end of the year. If council has any questions after their review, this will be discussed in more detail at the next meeting.

Subject: Christmas Dinner for Employees - The annual employee Christmas dinner was discussed. The date of December 11th at 6:00 p.m. was chosen. The dinner will be held at Our Best Restaurant.

Subject: Annexation - The previous request for water and sewer services to Tract 2 of the Harlow property on Highway 22 was discussed. Our policy requires annexation prior to providing of services to any property outside the city limits. An adjoining property owner (Bobby Roberts) was asked if he wishes to be annexed also. He did not. Attorney Brammell discussed with council the various steps involved with annexation, both requested and unwanted. With consent, only one ordinance is required. The intent to annex ordinance can be waived. Consensus of council to proceed with the Harlow property annexation. It was discussed that we need to get an updated city map printed that will show the new areas and proper city limits.

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

Subject: Parking Concerns - Mayor Bates stated he has been contacted again about the parking concerns in town. The lack of parking for the bank employees was discussed. They have new and extra employees and simply need more parking. Discussion held that the bank needs to find a place for their employees to park and make sure their employees do not abuse the parking. Enforcement of the two-hour parking was discussed. Chief Hadden stated that they will enforce two-hour parking if the council desires, but bear in mind this will have a snowball effect as everyone will be calling about everything including golf carts being driven on the streets, illegal turning beside Video Venders, etc. Suggestions made to block off the street beside Video Venders entirely and make it into a parking lot. No one was sure if this would actually gain much in parking so it was decided to do nothing at the present time with the bank employees being asked to park as previously decided and to not use the spaces which would be most likely used by customers of all the businesses.

With no further business to be discussed, motion made by Member Stephens and seconded by Member Ferguson to adjourn. All members present voted "Yea". Meeting adjourned at 9:30 p.m.

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