EMINENCE, KENTUCKY  DECEMBER 13, 2004

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, December 13, 2004 at 6:00 p.m. with Mayor Doug Bates and the following members present: Laura Whitney, Howard Roberts, Drane Stephens, and Tom Ferguson. Absent were Members Kelly Shannon and Leeroy Winburn.

Mayor Bates called the meeting to order at 6:02 p.m. Mayor Bates stated that we need to move along quickly as Member Roberts needs to leave around 7:00-7:15 p.m. and we will not have a quorum at that time.

Subject: Minutes - The minutes of the previous regular session held on November 8, 2004 were reviewed. Motion made by Member Roberts and seconded by Member Whitney to approve the minutes as presented. All members present voted “Yea”.

Subject: Sewer Impact Fee Exemption Request – Ben Coomes who lives at 289 Myrtle Street was present to request council consideration to waive the sewer impact fee. Mr. Coomes stated that several years ago when the City put a sewer line along the creek in front of his house and a time period for mandatory hookup was given, he was exempted from this due to his residence being over 300 feet from the main. He is now experiencing a problem with his septic system and would like to connect to the city sewer without having to pay the sewer impact fee which was not in existence at the time he was exempted previously. Attorney Brammell stated that if appropriate circumstances exist, the City can waive the fee. Discussion held including the fees in place when Mr. Coomes was previously exempted. At that time, there was no impact fee; however the sewer connection fee was $1,000.00. Motion made by Member Roberts to allow Mr. Coomes to connect to the City sewer for a total of $1,500.00 (500.00 to go to the now current connection fee and $1,000.00 to go for the impact fee) due to Mr. Coomes initially being exempted due to the non-feasibility of connection due to the length involved to make the service connection, that he was previously exempted under a prior ordinance and due to his existing customer status. Motion seconded by Member Stephens. All members present voted “Yea”.

Subject: West Owen Street Project – Mayor Bates briefly reviewed the West Owen Street Project with council. Obtaining the deed to the McGruder estate is still being worked on by Kriss Lowry. The Dortha Beach new construction is under roof and is progressing nicely.

Subject: Coomes, Holloway & Turgeon Annexation Ordinance – Attorney Brammell held the first reading of an ordinance annexing the Coomes, Holloway, Turgeon and a section of the state property located on/or near Highway 55 on the south side of Eminence into the city limits.

Subject: Monroe Annexation Ordinance – Attorney Brammell stated that prior consent has been given by Jon Kerry and Dianna C. Monroe to have their property located on/or near Highway 22 on the west side of town across from the Louisville/Saydah factory consisting of 41.25 acres more or less annexed into the city limits. Attorney Brammell held the first reading of an ordinance annexing the Monroe property into the city limits. Bill Porter and Kerry Magan were present representing the Monroe’s for any questions about the proposed annexation. Council questioned the reason for wishing to be annexed. Mr. Porter and Mr. Magan stated that the property is planned for development of a subdivision with individual and patio homes with the entrance being proposed from the church property. The minimum square footage of the proposed homes is 1,200 sq. ft. with R-2 lot sizes. They are considering 70% homes and 30% patio homes.

Subject: Planning and Zoning Ordinance - Attorney Brammell held the second reading of an amendment to the planning and zoning ordinance which amends the road frontage requirements in A-1 zones. Motion made by Member Ferguson and seconded by Member Whitney to adopt the ordinance as read. All members present voted “Yea”.

Subject: Main Street/Eminence Tomorrow Report - Main Street Director John Scharfenberger reviewed his monthly activity with council. Mayor Bates and Mr. Scharfenberger discussed the problem with the section of the streetscape project from the bank to Video Vendors. The change order for $22,260.00 to include this section was assumed to be a complete change order including the lights; however it has turned out that this price did not include the lights even though they are on the original plans. Member Roberts asked if we have any legal grounds with the engineers. Attorney Brammell stated that if we can prove negligence on the design work we can sue but probably won’t get all the funds but would only get the difference in the actual cost to install versus what the bid would have been. Member Roberts stated he would like to send a letter of reproach to the Better Business Bureau or the Kentucky League of Cities against the firm.

Mayor Bates asked for ratification of the council’s previous verbal agreement to change the final phase of the work with MAC Construction from House Calls to the pole on South Main to the above mentioned section from the bank to Video Vendors. Motion made by Member Ferguson and seconded by Member Whitney to ratify Change Order #6 in the amount of $22,260.00 to add the demolition and sidewalks on the east side of Main Street from the bank to Video Vendors. All members present voted “Yea”.

The balance of funds needed to finish the project was discussed. Mayor Bates reviewed a proposal from CMW that shows the City (per CMW records) having $1,957.27 remaining in the Phase III grant after the above change order and one additional change order in the amount of $700.00 to saw-cut and remove a 16” X 30” concrete band along the existing walk into the bank and backfill the trench, place concrete base and brick pavers after the City installs electrical conduit to provide electrical service to a future light fixture. MAC Construction has agreed to install the light pole and fixture for $2,070.00 which is less than the unit price of $3, l00.00 contained in the contract. CMW proposes that the city use $1,940.00 of the remaining grant funds and they will pay the difference of $130.00. Discussion held including the fact that these figures have not been verified with the City’s figures at this time. Motion made by Member Roberts and seconded by Member Ferguson to authorize CMW’s proposal, only if the figures agree with the City Clerk’s records, and if not to proceed with further negotiations with CMW as the council feels they have created many of the problems and unnecessary expense in this project. All members present voted “Yea”. Council was all in agreement that the contractors on this job have gone above and beyond to do a good job.

Mr. Scharfenberger reported that the state has awarded thirty-eight new projects with only six streetscape projects. We did not receive a grant award this time.

Mr. Scharfenberger passed out copies of surveys for use in determining future use and potential development.

Mayor Bates asked council if they want to have additional set up times for Santa before Christmas. Council in agreement not to set up unless volunteers are obtained.

Subject: Warrants – The warrants presented for payment were reviewed. Member Roberts questioned why the dispatch service was still being paid for. He stated that the committee only agreed to pay a total of $2,500.00 for this service this budget year. Mayor Bates stated that nothing had been done on this yet. He wants to make sure there is no written agreement before he proceeds. Council requested that Mayor Bates take action to get our amount in line with what the other cities pay prior to the new quarter beginning. Member Roberts stated he would not vote to authorize payment to the County for this service the next time. Motion made by Member Roberts and seconded by Member Stephens to approve the warrants for payment as presented. All members present voted “Yea”.

City Clerk Doane asked for council approval for an invoice from J & N Electronics in the amount of $6,243.50 for radio equipment purchased immediately after the tornado for cleanup efforts. This invoice was turned into FEMA for reimbursement with only $1,821.35 being approved as they considered this to be ongoing equipment which the Fire Department would be able to use. Chief Lucas stated he would be able to save approximately $2,000.00 by installing the tower himself which could be used toward this difference. The balance can hopefully be made up somewhere else. Motion made by Member Roberts and seconded by Member Ferguson to authorize payment of this invoice to J & N Electronics. All members present voted “Yea”.

Subject: Closed Session – Motion made by Member Roberts and seconded by Member Stephens to go into closed session to discuss possible litigation. All members present voted “Yea”.

Open session resumed at 7:08 p.m.

Subject: Fire Department Report – The Fire Department report was reviewed.

Subject: Police Department Report – Chief Hadden reviewed the monthly activity report with council. Chief Hadden reported that Officer Duncan is ready to start work on January 1st.

Subject: Public Works Report – Public Works Director William Smith reviewed the monthly activity report with council. Mr. Smith reported that the Henry County Water District new line will be put in service tomorrow. Mr. Smith reported that he is starting the inflow and infiltration project again.

Subject: Subway Water Runoff – It was reported that Subway has indicated that they do not have the funds available to do anything about the water runoff on their property at this time.

Subject: Administrative Office Report – City Clerk Sandra Doane reviewed the monthly report with council. Ms. Doane reported that we have received an additional reimbursement payment from FEMA in the amount of $19,789.32. Ms. Doane reported that the audit is almost complete. The new GASB-34 requirements have made this a more involved audit which has taken more time.

Subject: Community Center Report – The community center report was reviewed. Mayor Bates reported that we need to do something about the basketball goals and backboards. The price he currently has may be incorrect so he will continue to check on this and report back to council.

Subject: Elmcrest Subdivision – Public Works Director William Smith reported that major construction is still being done in this subdivision and that we should not accept the streets until it is complete.

Subject: Planning & Zoning Comprehensive Plan Update – Mayor Bates reminded council that the planning and zoning comprehensive plan is at City Hall if they wish to review it prior to it being discussed for passage.

With no further business to discuss, motion made by Member Stephens and seconded by Member Roberts to adjourn. All members present voted “Yea”. Meeting adjourned at 7:28 p.m.

DOUGLAS M. BATES, MAYOR
CITY OF EMINENCE, KENTUCKY

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

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