Eminence Kentucky-Special Minutes

The City Council of the City of Eminence, Kentucky met in a special called session on Thursday, August 25, 2005 at 6:30 p.m. with Mayor Doug Bates and the following members present: Kevin Harris, Laura Whitney, Howard Roberts, Tom Ferguson, Drane Stephens and Leeroy Winburn. Absent were none. Also in attendance were City Clerk Sandra Doane, Public Works Director William Smith, Police Chief Mount Hadden, Attorney William Brammell, Detective Carey Duncan, Mary Downey, Bobby Downey, Paul Sue Martin, Lillian Hyatt, Bea Fitzgerald, Danny Fitzgerald, Connie Fitzgerald, Dorene Fitzgerald, Kennedy Fitzgerald, Kyla Fitzgerald, Micah Fitzgerald, Dorothy Bates, Pamela Morehead-Johnson, Brenda Chism, Mary Ann Bates, Sherri Eades, Joyce Puckett, Donald Young, Vickie Fitzgerald, William Ayers, Adam Booth, Jonathan Bates, Louis Edday, Scott Bates, Brandon Bates, Tammy Dowden, James Wright, Floyd Creek, Sylvia Downey, Paula LeCompte (MADD), Byron LeCompte, Michael Fitzgerald, Virgil Parrish, Donald Dowden, Ann Kerr, Jeff Kerr, Darrell Scriber, Jason Scriber, Dennis Yeary, Janet Golden, Mitchell Golden, and Alma Hyatt as well as others who did not sign-in.

The purpose of the special meeting being called was to hold a first reading of an amended alcohol ordinance; discuss a zone change on Elm Street for Darrell, Connie & Jason Scriber; discuss the previously approved zone change request for Ronnie Kidwell; hold the first reading of the ad valorem tax rate ordinance; hold the second reading of an amendment to the personnel ordinance; authorize the purchase of a 2006 Ford Explorer for the Police Department; and discuss a possible easement on Tolle Court from Russell & Mary Merker.

Subject: Amendment to Alcohol Ordinance – Attorney Brammell discussed the proposed amendment to the alcohol ordinance with council and that some items need to be decided upon prior to the first reading. The ordinance amendment calls for a license fee percentage of gross receipts for each establishment to be set. This would be a separate assessment from the regular license with credit to be given on the gross receipts filing for the fee. Council was in agreement to use 2-1/2 percent for this fee. Attorney Brammell discussed that we also need to establish the times for the Sunday sales. The requested time from Mr. Frederick was 1:00 p.m. to 7:00 p.m. Member Winburn stated he has a problem with starting at 1:00 p.m. as one Church in town is still in session at that time. Member Roberts stated he has a problem with the 7:00 p.m. as it would interfere with some evening Church services. Member Stephens stated he feels the 7:00 p.m. is a good time as it would take us through the dinner hour if restaurants choose to locate here later on. General consensus of council was to set the time from 1:00 p.m. to 7:00 p.m. for Sunday sales.

Member Ferguson stated he prefers that the wording “distilled spirits” come out of the ordinance entirely. Attorney Brammell stated that the language for the amendment came straight out of the statutes but that we can regulate further if we choose. Member Ferguson stated that he specifically wants this removed on the Sunday sales and doesn’t want to allow anything except beer and wine. General consensus of council was to remove or change all wording that includes “distilled spirits” and replace with beer and wine.

Member Stephens questioned where the alcohol consumption was going to be limited to. Attorney Brammell stated that the definition for premises includes the land and building which would include the entire premises. Member Stephens stated he fees it needs to be limited to the restaurant/patio area. Police Chief Hadden stated that if you restrict to certain areas within a perimeter it creates a hardship on the Police Department. Member Roberts stated the he feels if it is kept inside a certain area then more accountability can be had. Chief Hadden stated that if in a certain area more alcohol will be consumed than if walking and drinking. Member Roberts asked why the Faire’s own security couldn’t take care of the problems. Chief Hadden stated that the security people would not have any arrest powers. Member Roberts stated he feels allowing the consumption away from the restaurant is not appropriate. Member Ferguson asked why this should be treated any different from Slugger Field, the State Fair, Etc. Member Whitney stated she did not feel it should be any different. Member Winburn asked Chief Hadden if he had contacted other departments concerning how this is handled. Chief Hadden stated that he did not speak on this question specifically. Members Harris and Ferguson stated that they are okay with the consumption as written. Mayor Bates asked Donna Williams to speak since she has been to several of these type events. Ms. Williams stated that the food and drink would have to be allowed to go away from the restaurant to the artisans as many times they cannot get away to get their food and drink. She stated that her own son has been hit by a drunk driver, but she still feels that this is a good thing for our community.

Mike Fitzgerald stated that two out of every five people in our community would be involved in an alcohol related accident sometime in our life. Ms. Williams stated that LaGrange and Shelbyville already allow Sunday sales which increase the possibility of DUI’s. Mr. Fitzgerald stated that he is not taking the attitude to do this just because everyone else does. He also stated that he is not concerned about confining it under one roof but is looking at what it does to people. He also stated he feels that we are dealing with business people who want to take the profits away from our community.

Mayor interrupted Mr. Fitzgerald and stated that he was allowing people to discuss this; however no one had asked to be on the agenda so he would not tolerate long speeches or discussions as other business was on the agenda that had to be dealt with.

Byron LeCompte stated that if this has to happen that having food and drink combined does create fewer problems.

Dennis Yeary with the Board of Adjustments stated he felt we are missing some of the issues and that this is about more than just alcohol. He stated that this project has some positives as well as negatives such as the new farmers market, local artisans’ venue and creation of jobs. He stated he has seen our money leave this community and sees this as an opportunity for money to be returned from the metro areas back to us when individuals come into town and purchase from the artisans, buy gas, buy food, buy fresh produce, etc. He stated it is not reasonable or fair to lump all venues that sell alcohol together. He encouraged the council to pass the ordinance and be responsible in making this a good business. He further stated that the clientele for this type venue would be good from everything he has heard.

Paula LeCompte asked Mr. Yeary how he would feel if he had a child or grandchild killed by a drunk driver. Mr. Yeary stated that this is not a question that anyone can answer and that he doesn’t have a vote on this. Ms. LeCompte stated that the death of her son has turned her family’s entire life upside down.

Ms. Williams stated that the re-enactments are really a good educational experience. Mr. Yeary stated that our schools currently send our children to these types of events, so they must feel they are a good thing.

Mike Fitzgerald stated that the mother (Gwen Winters) of the individual killed this past week in an alcohol related accident sent her desire that the City Council not change the ordinance to allow Sunday sales.

Sherri Eades asked why the alcohol was needed if it is only a small part of the overall attraction. Mayor Bates stated that they do need the Sunday sales to make this a viable business venture. Micah Fitzgerald stated that this would make money for the Faire or the alcohol wouldn’t be a factor. Chief Hadden stated that the worst statistics for DUI records come from a dry county.

Member Stephens stated that alcohol has personally affected his life but that this is not a venue that will make the difference and that we need to focus on illegal sales and underage drinking and not this venue. Dorene Fitzgerald stated she disagrees as three years ago some kids were killed by a DUI driver who left TGI Friday and that adding any type of alcohol won’t help. Member Stephens stated he still doesn’t feel this will add to any problem.

Tammy Dowden requested that council not allow this to be located next to her without some type of controls.

Danny Fitzgerald stated that this is the worst possible road for the location of a faire. Mayor Bates stated that the state has approved the entrance with some modifications.

Member Whitney stated she wishes all this input was here several years ago when she was having the problems on King Street with no help from the community on this issue. Those issues were a lot more serious that this. Mike Fitzgerald asked her to help the individuals here tonight. Member Whitney stated she will look at the community as a whole before making her decision.

Member Roberts stated that he wants to change the ordinance to require 70% food sales instead of 50%. Member Ferguson stated we are only talking about 16 days out of 365 and feels this is a negligible number of days. Ms. LeCompte stated that changing the ordinance does open this up to other businesses. Ronnie Kidwell stated that he personally in the past has gone to Jefferson County on Sunday to get beer and drank it on the way home and that if we allow people to get it locally it may help with drinking while driving. Attorney Brammell stated that this would not change the package sales and that they would still not be allowed on Sunday. Member Ferguson stated why not split the difference and require 60% food sales. Member Roberts stated that Mr. Frederick asked for 70% and that’s what he feels we should stick to. Member Winburn stated that individuals wishing to get drunk would not buy this expensive beer if they can get it cheaper. Mayor Bates stated that based upon information from the ABC Commission, your body can get rid of one drink per hour (1-1/2 oz. liquor, 12 oz. beer or 5 oz. wine).

Mike Fitzgerald asked if our police would be present. Chief Hadden stated that the Faire may use some of our officers when off-duty. Mike stated it sounds like a lot of ifs and un-answered questions to him.

Louis Edday asked who would monitor the 70% food sales requirement. City Clerk Doane stated this would fall to her office to monitor the same as the other licensing. Attorney Brammell stated that we can require invoices and sales receipt information. Mr. Edday stated he sees a problem with auditing and compliance. Ms. Doane stated that she is not a CPA, but would require compliance with the City’s ordinance.

General consensus of council was to change the requirement of food sales to 70%.

Attorney Brammell held the first reading of the amended alcohol ordinance with the changes discussed above.

Meeting resumed at 7:50 p.m. Member Kevin Harris left during the break and was not present for the remainder of the meeting.

Subject: Zone Change Request – Scriber Property on Elm Street – Darrell and Jason Scriber were present to discuss a zoning concern with council. Jason Scriber spoke with council on behalf of his family concerning what he feels is the incorrect zone for their property located at 695 and 697 Elm Street where their welding and construction business has always been located. They currently do maintenance work on the school buses at this location. These properties are currently zoned residential and he feels this was a mistake. They are asking the council to request they be changed back to a business zone. Member Ferguson asked if they weren’t grand-fathered in. Jason stated that yes they were but that this may not stay the same business down the road and would like to clear this up before it becomes an issue. Attorney Brammell stated that when the maps were originally done that each City had the opportunity to review them. The maps were done to project the future and not necessarily as they were at the time. If a business is discontinued for a year then the grand-fathering is lost. Mr. Brammell stated this is the same issue we had earlier in the month for Ronnie Kidwell and that certain requirements must be met to request the change. He further stated that he still feels it is not in the best interest of the City to get involved in requesting their zone changes. Jason reviewed a drawing with council that shows five lots prior to his business lots which were put on the map as business and that shows his five lots as residential. He feels that these were simply put on the maps backwards as the five lots showing with a business zone have never been a business zone. Jason asked why the Saydah property didn’t revert back to residential as it was empty for a year. Attorney Brammell stated that it was zoned commercial property and was not a grand-fathered zoned property. Jason stated that he feels the location of the Renaissance Faire near his property also brings an economic change in this area which would also justify changing this back. Discussion held. Motion made by Member Ferguson and seconded by Member Roberts to authorize the City to initiate the zone change request on behalf of the Scribers to have their property located on Elm Street changed from an R-1 to a B-2 zone. All members present voted “Yea”.

Subject: Ronnie Kidwell Zone Change – Ronnie Kidwell was present. He stated he had been told his zone change was on the agenda again tonight so he felt he needed to come and see if there is any problem. Mayor Bates stated that we had received a phone call indicating that the seller of the property he purchased on Jackson Road had paid Mr. Kidwell for the zone change fee. Mr. Kidwell stated he did receive a check from the seller stating that it was for the final on the land deal. This check was for other things and not specifically for the zone change.

Subject: Ad Valorem Tax Rate Ordinance – City Clerk Sandra Doane reviewed the compensating and 4% allowed rates for real and personal property with council as calculated using the form and formula provided by the Revenue Cabinet. The calculated 4% allowed rate for real property is .263 per $100 assessed value with the calculated 4% allowed rate for personal property being .5611 per $100 assessed value. Ms. Doane discussed that the personal rate is so high due to many businesses not reporting the tangible property which greatly increases the rate. She has discussed this problem with neighboring cities and recommends that we at least try to keep this rate under .50 per $100 per assessed value. She also recommends that we take our 4% allowed rate on real property and the same rate as last year on vehicles and watercrafts at .266 per $100 assessed value. Discussion held. Ms. Doane held the first reading of the ad valorem tax ordinance setting the rates at .263 per $100 assessed value for real property; .495 per $100 assessed value for personal property and .266 per $100 assessed value for motor vehicles and watercrafts. A public hearing will be held prior to the next meeting on September 12th to discuss these rates.

Subject: Personnel Ordinance Amendment - City Attorney William Brammell held the second reading of an ordinance adding the job description of part-time police clerk to the job classification section of the personnel plan and setting the pay grade for this position at a Grade 20 and changing the pay grade for the position of the Main Street/Renaissance Director to a Grade 25. Motion made by Member Ferguson and seconded by Member Winburn to adopt the ordinance as read. All members present voted “Yea”.

Subject: Purchase of 2006 Ford Explorer – Mayor Bates explained that for financing purposes we need a motion on record to purchase the 2006 Ford Explorer for the Police Department even though it has been approved in the budget. Motion made by Member Winburn and seconded by Member Ferguson to authorize the purchase of the 2006 Ford Explorer for the Police Dept. and to authorize the Mayor to sign any documents necessary to complete this purchase. On a call of vote, voting “Yea” were Members Whitney, Roberts, Ferguson and Winburn. Voting “Nay” was Member Stephens.

Subject Merker Easement – Mayor Bates stated that we do not have this ready for discussion tonight and that it will be postponed until another time.

With no further business to discuss, motion made by Member Roberts and seconded by Member Stephens to adjourn. All members present voted “Yea”. Meeting adjourned at 8:43 p.m.

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