Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, November 8, 2004 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.

Subject: Minutes - The minutes of the previous regular session held on October 11, 2004 were reviewed. Motion made by Member Stephens and seconded by Member Ferguson to approve the minutes as presented. All members present voted “Yea”.

Subject: Special Minutes – The minutes of the previous special called meeting held on October 28, 2004 were reviewed. Motion made by Member Shannon and seconded by Member Whitney to approve the minutes as presented. All members present voted “Yea”.

Subject: West Owen Street Re-Development Project – Project Manager Kriss Lowry presented the West Owen Street Re-Development Project report. She reported that the only property left to purchase at this time is the Whitson McGruder Estate. The final signatures are being worked on with a court date of December 1st being set for getting authorization for signatures of minors.

It will be spring before we can tear down 205 West Owen Street. Kriss also pointed out that several areas on West Owen need to be cleaned up. The state performed their monitoring and pointed out that the end of the street needs to have the lots mowed. They did not have any findings at all on the project other than to request this mowing be done. Mayor Bates requested that Kriss send letters to these individuals first and if nothing is done, we will follow up with ours.

Kriss discussed some of the lots we now own. One section has 153 ft across which could be divided into two 70 ft lots and the 13 feet could be put with Ron Wright’s property to help make it larger. His driveway is currently on this property anyway. Rick Rynes has expressed an interest in purchasing the lot adjoining his commercial property. If we can sell these lots it would give us enough to purchase the last house. The possible price would be $10,000.00 per lot. The lot Mr. Rynes is interested in is zoned R-2 and would need to go to B-1 under a conditional use. We will need to advertise these lots for sale with preference given to people interested in building low to moderate income housing. Our grant agreement calls for us to replace the total number of bedrooms taken down. We lost fourteen bedrooms with ten being replaced so far. We have to account for four more somewhere in Eminence. In the end we will have five lots available to sell, but they will be restricted. Selling the lots for commercial use would require a zone change and amending of the urban renewal plan through a public hearing. Consensus of council was to authorize Kriss to advertise the available lots for offers to purchase.

Kriss anticipates the earliest closeout of this project to be June, 2005. Currently we are $1,966.00 short at this time on the total project.

Subject: Paul Searle Zone Change Request – Toni Searle, representing her husband Paul Searle, was present to discuss a proposed zone change on their property at 5833 South Main Street. Mrs. Searle reported that they have recently purchased this property with the assumption that they would be allowed to have horses, but are now being told that they would have to request a zone change first. They have almost five acres of land with this property. Attorney Brammell advised Mrs. Searle that if her property is zoned residential, they would have to request an “A” zone. The process for this would be to see the zoning officer to get the process started. The commission would make recommendations to the council with the council then approving or not. It is inappropriate for the City to give any opinion to her at this time as to how they would feel about this zone change and allowing of horses within the City of Eminence.

Subject: Zone Change Request – Eminence Chrysler –Mayor Bates advised council that a zone change request for Eminence Chrysler is before them tonight with Eminence Chrysler owner Herb Kinman, his surveyor Adam West, and concerned neighbors Mike and Sarah Embry being present to discuss the proposed change. The protocol would be to consider the zone change first and then ask for opinions. Member Stephens stated he thinks we need to listen to all concerns first.

Mike and Sarah Embry who live at 162 West Broadway, across the street from this proposed zone change, expressed that they oppose this zone change and did express their concerns to the planning commission. They stated however, that if this zone change is approved they would like to have certain restrictions placed upon the business. Their concerns are as follows:

1. Want the lots to be paved;
2. Want the setbacks enforced and proper landscaping done;
3. Want non-intrusive lighting so as not to shine onto other properties, such as box lighting;
4. Want noise control from the speaker system;
5. Want this to remain as a car dealership and not a 24 hour business;
6. Want sidewalks installed;
7. Want fences and drainage for the other residents adjoining the business; and
8. Want someone to be accountable for the items approved and the timeliness of the changes.

Mr. Kinman stated that he has already agreed to no fast food restaurants or liquor stores and is agreeable to having a deed restriction on the lots he is purchasing, but not his current business lot. He feels he has already agreed to most of the requests and that the time frame should not be an issue, weather permitting. Council discussed the lighting, sidewalks, setbacks and other issues. Attorney Brammell stated that B-3 has zero setbacks, however when they touch a residential area the residential setback requirements must be met. Ms. Embry stated that the setbacks still concern her on West Broadway as the trucks are being parked too close now and you cannot see getting out of Eminence Terrace. Mr. West stated that two different buffers of 30 X 60 and 30 X 30 green space are planned with a 12 foot setback from the street. Member Shannon questioned the signage being planned. Mr. Kinman stated that none is anticipated. Attorney Brammell stated that sign issues would be approved by the commission and would not come before council. The paving was discussed. Mr. Kinman stated he would agree to have the paving done within one year. The Embry’s stated they felt one year was too long.

Attorney Brammell stated that anything which is part of the development plan or finding is a part of the approval.

Public Works Director William Smith asked if drainage has been addressed. Mr. West stated that they are proposing to drain to the existing drainage, which is to be improved to keep the drainage off the adjoining residential lots. Mr. Smith stated that the drainage in this area is not very good and should be addressed by someone, but not necessarily Mr. Kinman.

Motion made by Member Stephens to approve the zone change for HK Realty, LLC from R-2 to B-3 as recommended by the planning and zoning commission subject to the following additional conditions to the Section 390 Development Plan Conditions:

1. That deed restrictions be placed on Lots 3, 4, 5, 6, and 7 that no liquor store, fast food restaurant or any other 24-hour business be allowed to locate upon these lots now or in the future;
2. That the lighting and sidewalks be installed consistent with the City’s current streetscape project; and
3. That the lots be blacktopped within one year from November 8, 2004.

Member Ferguson asked Mr. Smith if the paving would create more water problems. Mr. Smith stated it probably wouldn’t necessarily cause more water, but would cause it to get there quicker.

Subject: County Business – Magistrate Wayne Gunnell was present to discuss county business. Mr. Gunnell stated that the Fiscal Court has hired Jarrod Sights as the new EMS Supervisor with Scott McClamroch being appointed as the Assistant Supervisor. Jarrod is a certified paramedic, but at this time will not be able to perform these duties for us due to licensing and Director of Services restrictions. Bonnie Smith has been retained as an employee to collect Medicare claims. We are now under one license instead of five and hopefully we will be able to comply with the state requirements better. Wayne stated that the County’s next step was to go to 24/7 service. Currently we have enough volunteers to provide the coverage at night.

Mr. Gunnell showed a drawing of an elevator addition and other renovations being planned for the courthouse. The state is paying for 75% of the elevator addition with the County to assume the other 25% and 100% of the other updates being proposed.

Mr. Gunnell stated that the County’s ditch vacuum machine for trash cleanup is available to the City’s for use with the only stipulation being reimbursement for the labor involved. A separate interlocal agreement with the County would be required.

Subject: Coomes, Holloway and Turgeon Annexation – Joseph Turgeon was present to discuss the purpose and effect of this proposed annexation upon his property and whether it would create any restrictions on his property. Attorney Brammell stated that the zoning would remain the same, he would receive a city tax bill, and all city ordinances would apply. Mayor Bates informed Mr. Turgeon that since we are annexing property around him that we do not want to create an un-annexed island within the City. Mr. Turgeon asked if any development was currently planned for this area. Mr. Turgeon was told that the proposed development was on the Holloway property which is down and across the road from him. Mr. Turgeon asked if the current road to his property is planned for paving. He was told no and that we may even change our access road to the sewer plant to Gerald Bohannon’s line. Mr. Turgeon stated he does not object to this annexation. Attorney Brammell held the second reading of an intent to annex ordinance. Motion made by Member Winburn and seconded by Member Roberts to adopt the ordinance as read. Motion carried unanimously.

Subject: Fire Department Report – Member Roberts reviewed the monthly activity report with council. Member Roberts reported on personnel training being attended. Member Roberts reported that the new truck has the lettering installed with the lights and radio being scheduled for installation soon.

Subject: Planning and Zoning Ordinance Amendment – Attorney Brammell held the first reading of an amendment to the planning and zoning ordinance which addressed road frontage in A-1 zones.

Subject: Eminence Tomorrow – Main Street Director John Scharfenberger reviewed his monthly activity with council. Mr. Scharfenberger reported that the reallocation of funds to allow for posters and brochures has helped tremendously with the brick sales. John reported that the banner was not done so he probably won’t purchase it now. John reported that November 19th has been set as the last day to purchase bricks for the first unveiling of the bricks at our “Light Up Eminence” activities scheduled for December 4th. The park dedication will be at 5:00 p.m.

Member Shannon reported on the “Light Up Eminence” activities being planned and reviewed the tentative schedule with council. The morning activities are being planned at the school with the afternoon activities scheduled to start around 4:00 p.m. in the park area. Santa is due to arrive at 6:00 p.m.

Mr. Scharfenberger stated he has obtained a price of $500.00 for eight banners 22 X 30 for the existing new light poles and that he can get them in before December 4th. Funds available to pay for these were discussed. Consensus of council was to allow John to order the banners.

Mr. Scharfenberger stated he has listed our Eminence Day of May 21, 2005 and Light Up Eminence of December 3, 2005 on the Kentucky Tourism calendar. A meeting is set up with Reverend Sharon Fields at the Eminence Christian Church to discuss the kinds of events we want to hold in future years.

Mr. Scharfenberger reported on the façade grants. Two more of the grants have been completed and paid. The third property has been approved by the State for shifting of the work to the addition of a roof at the old House Calls building.

Mayor Bates reported he has met with the state again concerning assistance with the drainage and catch basin concerns along Jail Alley. They would only agree to build the catch basin and we would have to do all the piping. He has decided not to pursue this. We have ditched down the alleyway to alleviate the water problem in the basement of Quality Heating with a six inch pipe to be put in the ditch to drain off the sub-surface water. Mayor Bates discussed other concerns and changes needed on up the street on the streetscape project that pertain to drainage issues and different sidewalk widths. Mayor Bates reviewed the proposed change order for these changes with council. The total credit to the City would be $13,888.00. Mayor Bates reported that the committee would like to do additional work expanding the project above House Calls on South Main Street to the second walkway if additional funds are available. MAC is preparing an estimate for this work and will get it to the City.

Council discussed the possibility of adding back the Video Vender proposal in the approximate amount of $22,000.00 instead of going on up South Main. Mayor Bates stated that this is a possibility. The drainage needs to be addressed in this area. Mayor Bates stated that the state has verbally agreed to mill down Highway 55 two inches and put back one inch all the way through town, which would help some with drainage concerns. He is trying to convince them to do more.

Motion made by Member Stephens and seconded by Member Ferguson to approve Change Order #5 in the amount of $13,888.00 credit as reviewed. All members present voted “Yea”.

Mayor Bates asked for permission to authorize the extra work with MAC Construction from House Calls to the pole on South Main. Discussion held. Motion made by Member Roberts and seconded by Member Stephens to authorize Mayor Bates to negotiate with MAC Construction up to $6,000.00 for this change order addition. Motion carried unanimously.

Subject: Police Department Activity Report – Police Chief Mount Hadden reviewed the monthly activity report with council. Chief Hadden reported that the complaint has been filed against Jerry Martin for non-compliance with our property maintenance ordinance with a court date being waited upon. Member Roberts stated he wants the City to proceed with whatever steps are necessary to pursue cleanup of the other areas in town as previously discussed. Official letters will need to be sent prior to any complaint being filed at New Castle.

Subject: Public Works Report – Public Works Director William Smith reviewed the monthly activity report with council.

Subject: Subway Drainage Concern – Member Roberts stated he has received numerous complaints on the drainage in the back of Subway. Mayor Bates stated that one way to solve the problem would be for Cook’s Pharmacy to allow Subway to pipe their drainage into an existing 8 inch pipe at the back of their building. There are currently two downspouts going into this. Cook’s has two drains of their own which also need to be put in here with a trench needed at the large back door. This would be of minimal cost to Subway with probably about 100 ft. of 1 to 1-½” pipe being needed and a cut through the alley. Member Stephens will check with Cook’s Pharmacy on allowing this drainage to go into their pipe.

Subject: Administrative Office Report – City Clerk Sandra Doane reviewed the monthly activity report with council. Clerk Doane reported that we have currently collected approximately 61% of the total budgeted amount on property taxes. Clerk Doane reported on the HB 413 collections which currently total only $3,502.75 through September 30th. This is way below the estimate used for budget purposes and may cause us to be short in this area.

Clerk Doane briefly reviewed the first quarter budget comparison with council stating that many areas are out of budget due to the unforeseen tornado expenses. Council was asked to contact Clerk Doane later if they have specific questions on the budget.

Clerk Doane reviewed an estimate of between $2,500.00 and 3,000.00 to update the City’s Code of Ordinances. This has not been done for several years. We currently have $5,000.00 budgeted for this. Council asked if a more definitive amount could be arrived at with Clerk Doane stating that she has already asked this question with the large variance being due to the unknown amount of statutory changes needed. Motion made by Member Roberts and seconded by Member Stephens to authorize entering into a contract with American Legal Publishing Corporation to update the City’s Code of Ordinances, not to exceed the budgeted amount. Motion carried unanimously.

Clerk Doane discussed an additional leak adjustment for Paul Searle. Mr. Searle recently purchased and moved into a house which had not had a lot of activity in it. All three of the bathrooms developed a leak which crossed over into two month’s billing. His first bill was $274.29 with $136.60 being adjusted off. His second bill was for $156.40, with an adjustment being requested. Using the same formula, his second adjustment would be $68.94. Motion made by Member Stephens and seconded by Member Winburn to allow this second leak adjustment to Paul Searle in the amount of $68.94. Motion carried unanimously.

Subject: Community Center Report – Mayor Bates reviewed the monthly community center activity report with council which shows a breakdown by age and gender for the different activities for the month of October. Also included is a November calendar of activities scheduled.

Subject: Warrants – The warrants presented for payment were reviewed. Motion made by Member Roberts and seconded by Member Whitney to approve the warrants for payment as presented. Motion carried unanimously.

Subject: Christmas Dinner – Mayor Bates discussed the Christmas Dinner and possible locations and dates with council. The consensus of council was to have the dinner on December 2nd at the Smith-Berry Winery with December 16th being picked as a second choice.

Subject: Planning & Zoning Comprehensive Plan – Mayor Bates shared with council that the comprehensive plan is being worked on for an update and will be discussed further at a later date.

With no further business to discuss, motion made by Member Roberts and seconded by Member Ferguson to adjourn. Motion carried unanimously. Meeting adjourned at 9:08 p.m.

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