Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, December 15, 2003 at 6:00 p.m. with Mayor Doug Bates and the following members present: Kelly Shannon, Laura Whitney, Howard Roberts, Drane Stephens, Tom Ferguson, and Leeroy Winburn. Absent were none.

The minutes of the previous regular session held on November 10, 2003 were reviewed. Motion made by Member Roberts and seconded by Member Whitney to approve the minutes as presented. All members present voted “Yea”.

Subject: Community Problem Solving – Kassidy Dees, representing the seventh and eighth graders of the gifted and talented students from Eminence School was present with teacher Donna McClamroch to discuss a project they would like to pursue. The students’ group is known as Students Planning Increased Recognition In their Town (Spirit). After surveying students and parents, the activity they decided on was a project to bring back the Eminence Day celebration. The date for this event would be Saturday, May 22, 2004. Charlie Sevier, who coordinates New Castle’s celebration, has agreed to work with them and has already provided them with a vendor list. They are asking for the support, assistance and participation of the City. The only financial support needed is approximately $127.00 for postage. It was suggested to contact Wayne Gunnell, as he used to coordinate the parade portion of the previous celebrations. Mayor Bates and Member Ferguson volunteered to assist with this project in any way they could. City Clerk Sandra Doane was asked to verify that our insurance would cover this activity. Member Winburn requested to review the letter before it is sent out to the vendors. Motion made by Member Stephens to approve of and support the students with their project to bring back the Eminence Day celebration and to authorize up to $200.00 for expenses. Motion seconded by Member Ferguson. All members present voted “Yea”.

Subject: West Owen Street Project – West Owen Street Project Manager Kriss Lowry was unable to be present due to her car breaking down. Mayor Bates reviewed the progress status and financial reports with council. Lawrence Wright and George Foree were present to discuss their concerns with the project. Mr. Wright stated he has a letter from the contractor stating that his mother-in-law’s house would be done by December 19th. There is no way it will be complete by that date. Mayor Bates stated that Kriss has estimated two weeks before it will be completed. Mr. Wright feels we are throwing money away with all the delays. It was explained that the contractor will be penalized for not meeting his deadlines. Attorney Brammell stated that whatever remedies are called for in the contracts could be initiated. George Foree stated he does not feel there is anyone available to discuss the project with. He doesn’t feel the budget figures are correct. Mr. Foree stated that the residents of Owen Street keep asking him questions and he has no answers to give them. Several suggestions were made with no resolution.

Subject: Planning & Zoning Zone Change Request – Attorney Brammell reviewed the zone change request from Jim Bennett to have his property located at 1021 Mulberry Pike changed from an A-1 zone to an R-1 zone. The planning commission recommends approval of this zone change. Motion made by Member Roberts and seconded by Member Ferguson to approve the recommendation of the planning commission to change the Jim Bennett property at 1021 Mulberry Pike from zone A-1 to zone R-1. All members present voted “Yea”.

Subject: Planning & Zoning Zone Change Request – Attorney Brammell reviewed the zone change request from Jesse Harlow to have his property located at 1046 Ballardsville Road changed from an A-1 zone to an R-1 zone. Mr. Harlow plans to sell a portion of this property for location of a church. The planning commission recommends approval of this zone change. Motion made by Member Ferguson and seconded by Member Winburn to approve the recommendation of the planning commission to change the Jesse Harlow property located at 1046 Ballardsville Road from zone A-1 to zone R-1. All members present voted “Yea”.

Subject: Zoning Ordinance Amendment – Attorney Brammell held the second reading of an amendment to the zoning ordinance adding section 670(III), which addresses adult entertainment establishments. Motion made by Member Roberts and seconded by Member Ferguson to adopt the ordinance amendment as read. Motion carried unanimously.

Subject: Eminence Tomorrow – Main Street Director Mary Jane Yates was present to review the status on the Eminence Tomorrow projects. Reported that the work on the streetscape project is going well and it appears MAC Construction Company is doing a good job.

Ms. Yates reported that the committee will be meeting soon to decide on the grant application for TEA-21 funds for Phase IV of our project. She will bring this back to council in January. The filing deadline is in February.

Mark Dennen with the state heritage council will be notifying us this week on the façade grant applications for individuals.

Ms. Yates presented each member with a copy of the by-laws for Eminence Tomorrow.

Ms. Yates stated she appreciated the support of her and her program during the past year.

Ms. Yates stated she felt like this year’s Light Up Eminence celebration was better economically for the community. Approximately 111 children were present to welcome Santa. Mayor Bates stated he appreciated Mary Jane and Member Shannon for their work on this project.

Subject: Police Department Report – Police Chief Mount Hadden reviewed the monthly activity report with council. The activity is high this month due to the 44 hours of work put in on the highway safety project. Total citations were 209. The second phase of this project will be December 19th through January 4th.

Chief Hadden stated that the court date for Thelma Smith has been set for Wednesday, December 17th at 10:00 a.m. Ms. Smith has retained council with them requesting no penalties. He recommends that we decline. Consensus of council was to proceed accordingly with no lowering of penalties. Member Roberts stated that he feels whatever needs doing, up to and including arrest, for the Police Department to do it. Chief Hadden stated he appreciated the Mayor and Council’s support. Attorney Brammell asked that for the record it be distinguished that no arrests can be made on our ordinances.

Chief Hadden reported on some inside structural changes he is making at the police station. They are installing a door as you come into the lobby that will require being buzzed in and they are also putting an office in the council room area. On or about the first of the year, Mary Jane will be moving into the police station and be serving as a receptionist free of charge except when she is assisting with grant writing. All of her renaissance activities will come first.

Chief Hadden reported that Kentucky will be receiving eight million in homeland security funds.

Chief Hadden reported that we have received the federal block watch grant money.

Subject: Public Works Report – Public Works Director William Smith had no report this month.

Mr. Smith reviewed the agreement between the City and T & S Realty, LLC regarding the City accepting the streets in the Elmcrest Subdivision. Per the agreement dated October 14, 2002 the City was to accept the streets from T. & S. Realty, LLC. after 12 months and after any repairs that are necessary to the streets were made. Mr. Smith stated he and Mr. Tingle have talked and agreed to extend the contract due to several places being in need of repair. Motion by Member Whitney to authorize extending the agreement with T & S Realty, LLC regarding acceptance and dedication of said streets within the Elmcrest Subdivision until July, 2004 and to further require at least a one year repair clause of the original streets and any repair work made prior to the City’s acceptance of said streets and to authorize Mayor Bates to enter into said agreement. Motion seconded by Member Roberts. All members present voted “Yea”.

Subject: Community Center Report – Mayor Bates reviewed the activity report with council. The attendance has been good at 846 sign-ins for the month. The equipment for the exercise room is being accessed at this time for what types to obtain. Council asked that each person using the equipment be asked to sign a waiver prior to use and that any training available for the equipment be given prior to use.

Mayor Bates reported to council that we have had to shift the Church from one of the downstairs rooms to the upstairs. We have also switched all the other tenants. Reported that the school will be leaving two computers at the center and taking three back to the school. These have not been utilized like the school thought they would.

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

Ms. Doane reported on the garbage collection. The transfer to the general fund for November was $4,355.24. We still continue to have problems with Industrial Disposal on the billing and missed pickups.

Ms. Doane reported that the first invoice from MAC Construction & Excavating has been paid in the amount of $27,999.00. A meeting will be held this week to determine the correct protocol for getting the City reimbursed from the grant.

Subject: Fire Department Report – No fire department report was available. Member Roberts stated that a copy of the fire board minutes will be sent each month to the council.

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

Subject: Annexation Ordinance – Attorney Brammell held the second reading of an ordinance annexing the Jesse Harlow property at 1046 Ballardsville Road into the City limits. Motion made by Member Stephens and seconded by Member Whitney to adopt the ordinance as read. All members present voted “Yea”.

Subject: Light Up Eminence – Mayor Bates reported on the Light Up Eminence celebration. Member Roberts suggested sending a letter to Member Shannon, Mary Jane Yates and the Public Works Department thanking them for their assistance with this successful project.

Subject: Annexation – Attorney Brammell stated he would like to explain his opinion on annexation as he has had several calls on this, and specifically on the Holloway property. He feels a link must exist to other property and that it must have a substantial value not be just a pipeline for services to annex. Mayor Bates stated that the State is proposing a bill to help alleviate having un-annexed properties (or islands) in the cities.

Subject: Water and Sewer Ordinance – City Clerk Doane asked for permission to proceed with updating the water and sewer ordinance as previously discussed. Members Ferguson and Stephens agreed to assist with this.

Subject: Lease of Trailer – Public Works Director William Smith reported that Country Bo’s has the electricity and water on at the trailer with a plumber on site. They hope to open soon.

With no further business to discuss, motion made by Member Whitney and seconded by Member Stephens to adjourn. All members present voted “Yea”. Meeting adjourned at 8:06 p.m.

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