Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, August 9, 2004 at 6:00 p.m. with Mayor Doug Bates and the following members present: Laura Whitney, Kelly Shannon, Howard Roberts, Tom Ferguson, Drane Stephens and Leeroy Winburn. Absent was none.

Subject: Presentation – Mayor Bates presented Mary Jane Yates with an appreciation plaque for her service as the City’s Main Street Director. Mary Jane has resigned effective August 7th but has volunteered to assist the City in the interim until the vacant position is filled. Renaissance Board Member Doug Kalbfleisch was present for the presentation and also expressed his appreciation to Ms. Yates.

Subject: Minutes - The minutes of the previous regular session held on July 12, 2004 were reviewed. Mayor Bates asked if there were any corrections or additions needed to the minutes. Member Roberts stated the minutes needed to reflect that he had withdrawn his request to allow an individual to use the City’s trailer for a distribution point for free clothing and other items to the community. Mayor Bates pointed out one small typographical error. Motion made by Member Winburn and seconded by Member Roberts to approve the minutes as corrected. All members present voted “Yea”.

Subject: West Owen Street Re-Development Project – Project Manager Kriss Lowry was present to present a status report on the West Owen Street Re-Development Project. Ms. Lowry reported she is still working on the acquisition of some properties and is experiencing problems getting the signatures from people in other states. A bankruptcy had to be re-opened on the Hill property in order to get a lien released which will probably take about 30 days.

Kriss reported that we will be able to sell 110 West Owen after we get the deed to the Tye lot. We need this lot in order to divide the property into appropriate size lots. Ms. Lowry reported that 215 West Owen Street has been demolished with only the foundation left to be cleaned up. The contractor will also be cleaning up the foundation at 110 West Owen when he does this one.

Ms. Lowry stated we probably need to enforce our property ordinance for the other properties in the area that are not being maintained and who refused to allow the City to clean them up.

Ms. Lowry reported she received three bids to complete the construction work on the Rupert Hayden house with the low bid being from Wildcat Construction out of Lexington at $28,450.00. The contract has been signed between Mr. Hayden and Wildcat Construction and they have already commenced working. Mr. Hayden’s relocation rent is paid through August. The contractor states he should be done by the end of August.

Ms. Lowry reported she has received three bids for the new house construction for Dortha Beach as follows:

Wildcat Construction - $91,560.00
Charles Szabanos - $102,000.00
Sterling Built Homes, LLC - $71,515.00

The low bidder is Sterling Built Homes (Tony Tingle) at $71,515.00. Mr. Tingle will not be able to start until the lien discussed above is released from the Hill property.

Ms. Lowry stated that we received another quote on completion of the George Owens construction. The new quote was for $4,850.00 which will probably be accepted as it is more in line with the balance of funds left to complete this construction.

Mr. Lowry stated we will have lots for sale with priority to be given to low to moderate income people prior to offering for sale to other people.

Member Winburn stated that he has been contacted by several individuals on West Owen Street concerning the inability to see getting out of West Owen Street due to Eminence Auto Tire & Wheel parking on the road. Chief Hadden stated that he has spoken to Mr. Rynes about this. A question was raised also on the old fuel storage tanks on West Owen. Mayor Bates stated he has been trying to get these removed but until we modify our ordinance to include commercial property owners we will have a problem forcing this cleanup.

Subject: Police Department Report – Police Chief Mount Hadden reviewed the monthly activity report. The report shows 153 total runs this month which is up from last month. The number of no seat belts use was also up mostly due to the federal overtime grant work. The seat belt law was discussed.

Chief Hadden reported he will work on some of the properties previously mentioned this week which need to be cleaned up.

The interlocal agreement with the City of Campbellsburg to provide police service to them until they get an officer hired was reviewed. Campbellsburg has already approved the agreement. Chief Hadden stated this will be on a volunteer basis only by our officers and that Campbellsburg will be responsible for paying the officers direct. The City would receive compensation for the use of our vehicles. Discussion held concerning our officers possibly spreading themselves too thin. Chief Hadden stated that this was the reason it was set up as volunteer only and in smaller shifts. Motion made by Member Roberts and seconded by Member Ferguson to adopt the interlocal agreement as reviewed to assist the City of Campbellsburg with police protection. All members present voted “Yea”.

Subject: Fire Department Report – The monthly fire department activity report was reviewed along with the information provided to FEMA for the tornado emergency and cleanup work. The number of hours provided by our department and other individuals and departments was very significant. Mayor Bates discussed an article in the Courier Journal which was not very well written in his opinion. The journalist was fishing for wording that the residents received inadequate notice of the tornado. The City will be holding a follow-up meeting from this disaster to determine areas we might have done differently or to document things which were significant to it being handled correctly as well. Mayor Bates stated he has a meeting set for Wednesday of this week with the Presbyterian minister, Thelma King, on where they might still be able to assist with anything left to be done to assist individuals in the community. If council have any ideas let him know prior to Wednesday morning.

Subject: Tornado FEMA Report – Council reviewed the report on the information submitted to FEMA for reimbursement from the tornado. Assistant City Clerk Robin Mullins has put in numerous hours since the tornado on these reimbursement requests.

Subject: Eminence Tomorrow Report – Main Street Director Mary Jane Yates reported on the status of the façade grant program. The $19,500.00 dedicated to the façade program will be divided among the participants. One owner’s work is complete and has been submitted to Frankfort with another one due to go in tomorrow. They are anticipating a 45 day turn-around on reimbursement. The deadline for completion of the work is October 15th. The Mayor has submitted a letter to Katie Crotzer stipulating the deadline to her once again and that she may lose her funding on this if she does not proceed in getting the work done. Her work was under a separate grant.

Ms. Yates reported that the new Renaissance Director on the state level, Shawn Dyer, visited with her last week to review the project and that he wants to finish ours by the end of the year.

Ms. Yates reported that she has nothing new to report on the streetscape as we are still waiting on the cost estimate figures for Phase III.

Ms. Yates reported she has been told that the announcement of the next recipients of the TEA-21 grant funds should be in September.

Mayor Bates discussed the change order for repairs to the damaged light post caused by one of the fire trucks assisting with cleanup after the tornado. We do not even know for sure whose truck damaged the pole so we cannot proceed with any type of insurance claim on this. The amount needed to repair this is $2,400.00 which has been negotiated down from the original request. Motion made by Member Whitney and seconded by Member Ferguson to approve the change order in the amount of $2,400.00 for repairs to the damaged street post. All members present voted “Yea”. Discussion held that we already have two lights not working and also when we might anticipate the correction being made on the type of globes. Mayor Bates stated that the globe types will be changed in the next phase and that he will check into the lights being out.

Subject: Public Works Report – Public Works Director William Smith reviewed the monthly activity report with council. Mr. Smith reported that Henry County Water District has resumed work on upgrading the size of the main into town.

Mr. Smith asked for direction from the council on whether to proceed with the repairs caused by the tornado to the City’s trailer. Mr. Smith stated he has spoken with an individual in town who may be interested in renting this for a beauty shop. She is currently paying only a small amount in rent and would not be able to pay much more than she currently does. We would have expenses involved with tearing this building down but could use the insurance money to do so. Attorney Brammell stated that his opinion is that it is preferable for City not to have rental property but as long as we require sufficient insurance we would be okay. Much discussion held on whether to demolish the trailer or continue to try and rent it out. The consensus of council was to wait another month before deciding to see if the interest is still there to possibly rent it out.

Mr. Smith reported that he has contacted our engineer on the sewer plant expansion project and that he is ready to start. The 201 plan is almost ready for presentation. Mr. Smith stated he has had no more contact on any proposed developments.

Mr. Smith reported the contractor has been authorized to proceed with replacing the City’s lost storage building. The insurance money has been received for it.

Member Stephens asked about the status of the new truck purchase. Mr. Smith reported that Browning Pontiac asked to bid on the truck purchase and that they were able to actually save us about $300.00 by purchasing thru them instead of under the state contract price. He has ordered the truck from them, which is scheduled to be manufactured on August 12th.

Member Ferguson asked about what was intended to be done about the excessive discharge of water by the new Subway behind Eminence Center. Mayor Bates stated we have not pursued this as there are probably several problems with all of the drainage in the area not just the Subway. Council feels we do need to address this prior to winter as the amount of freezing water will create a real hazard for everyone. It was questioned if the City has a legal right to do anything. Attorney Brammell stated that if it is affecting the City's street we can address the problem. Member Whitney stated there is a similar problem at the Eminence Center beside the bank which also needs to be addressed if we decide to do either. Mayor Bates stated that hopefully everyone involved can work this out and that he will check into it on behalf of the City.

Subject: Administrative Office Report – City Clerk Sandra Doane reviewed the monthly activity report with council. Ms. Doane reviewed the monthly financial information pertaining to the insurance reimbursed claims for tornado damages.

Ms. Doane stated we have until August 21st for any additional claims to FEMA for damages.

Ms. Doane reported that all information is ready for the auditors with them already working in-house on the audit. The on-site work should start soon. The City must comply with GASB-34 this year which includes setting the City up with depreciation on our streets, sidewalks, equipment, etc.

Ms. Doane reported that both Assistant City Clerk Robin Mullins and Utilities Clerk/Receptionist Rhoda Arington have received the designation of a certified Kentucky Municipal Clerk.

City Clerk Sandra Doane requested council’s permission to transfer a water and sewer savings account in the amount of $33,716.31 as of June 30, 2004 into the water and sewer operations account and to be authorized to close the savings account. Motion made by Member Stephens and seconded by Member Ferguson to authorize the Mayor and City Clerk to make this transfer and close the savings account. All members present voted “Yea”.

Subject: Fourth Quarter Budget Comparison FYE 6-30-04 – City Clerk Sandra Doane summarized the end of the year budget comparison with council. Council was asked to review and if they have any questions, to let her know.

Subject: Sidewalk Repairs – Member Stephens asked about the City’s previous 50/50 program for sidewalk repairs. Discussion held. It was decided that if money is available that any request would be considered individually and on a first come/first serve basis.

Subject: 2004 Property Tax Rates – City Clerk Sandra Doane reviewed the calculations for the compensating and 4% allowed increase rates for real and personal property with council. Her recommendation is to take the 4% allowed rate on both real and personal and to maintain the allowed rate for vehicles and motor vehicles. Council in agreement. Attorney Brammell held the first reading of an ordinance setting the rates at 24.4 per $100 assessed value for real property, 35.78 per $100 assessed value for personal property and 26.6 per $100 assessed value for motor vehicles and watercrafts. The required public hearing will be held next month.

Subject: Community Center Report – No report was available from the community center.

Subject: Farkas Annexation – Attorney Brammell stated he has re-done the ordinance for the Joe and Elizabeth Farkas annexation to include the entire 52.44 acre tract as was requested. We will need for them to sign a new consent for annexation prior to advertising the ordinance. Attorney Brammell held the second reading of the ordinance annexing 52.44 acres located off Mulberry Pike belonging to Joe and Elizabeth Farkas into the city limits. Motion made by Member Shannon and seconded by Member Winburn to adopt the ordinance as read. All members present voted “Yea”.

Subject: Holloway & Coomes Annexation – Attorney Brammell stated that the surveyor has reported that he has everything needed and that hopefully we will have this by the end of the week.

Subject: Elmcrest Street Dedication & Acceptance – Public Works Director William Smith stated he has not heard anything new from the developer on this.

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

With no further business to discuss, motion made by Member Roberts and seconded by Member Stephens to adjourn. Motion carried unanimously. Meeting adjourned at 8:17 p.m.

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