EMINENCE, KENTUCKY  NOVEMBER 14, 2005

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, November 14, 2005 at 6:00 p.m. with Mayor Doug Bates and the following members present: Kevin Harris, Laura Whitney, Howard Roberts, Drane Stephens, Tom Ferguson, and Leeroy Winburn. Absent were none.

Mayor Bates called the meeting to order at 6:05 p.m.

Subject: Zone Change Request – Ronnie Kidwell – 4769 and 4771 Jackson Road – Mike Ray and Garland Frazier were present on behalf of Planning and Zoning to discuss their findings and recommendations on the zone change request recently brought before them to change 4769 and 4771 Jackson Road from R2 to B2. Garland Frazier explained that he is one of three representatives of the City on the planning commission and that he feels that no mistake was made on the original zoning maps and comprehensive plan and that it was the intention in 1991 when planning and zoning was commenced that this particular property should in fact be residential if it ever ceased to be a business. The original maps were done by City representatives and were reviewed and approved by the City. Mr. Frazier stated that the Kidwell property does not meet any of the criteria for a zone change and that the existing zone is appropriate for this property. Member Ferguson asked why it was thought to be commercial. Mr. Frazier stated that property was originally mapped in 1991 to the way it should be with a non-conforming pre-existing use being allowed for the current property owners/business owners. Member Roberts stated he doesn’t think a house can be built on junk yard property due to health restrictions. Member Stephens asked if a development plan was turned in for the zone change. Member Frazier stated that one will have to be done prior to approval. He further stated that we would be setting a precedence without having a development plan and that he is not sure the lot is big enough anyway. Mr. Kidwell is proposing a 40’ by 60’ building on the vacant lot and that the required setbacks cannot be met. Various discussions followed. Attorney Brammell stated that the council has three choices. They can accept the planning and zoning commission recommendation and deny the zone change; they can come to a different conclusion based upon findings and grant the zone change; or they can set up a new hearing and review everything again. Motion made by Member Stephens to accept planning and zoning’s recommendations to deny the zone change for Ronnie Kidwell. Motion seconded by Member Harris. On a call of vote, voting “Yea” were Members Harris and Stephens. Voting “Nay” were Members Winburn, Ferguson, Roberts, and Whitney. Motion failed. Motion made by Member Ferguson and seconded by Member Winburn to hold a public hearing on the zone change request and make our own findings. Voting “Yea” were Members Whitney, Roberts, Ferguson, and Winburn. Voting “Nay” were Members Harris and Stephens. Mr. Frazier stated that we need to insist on a development plan from a surveyor from Ronnie Kidwell prior to any decision being made on this zone change request.

Subject: Zone Change – Darrell Scriber – 695 and 697 Elm Street - Zoning Commissioner Garland Frazier reviewed with Council the Commissions’ findings and recommendations for the proposed map amendment to change the zoning for 695 and 697 Elm Street from R-1 to B-2. Mr. Frazier stated that the commission found that the existing class is not appropriate and the proposed change is appropriate as there have been major economic changes evident and that the comprehensive plan in general is in agreement with the proposed map changes for the area. They must screen from any residential districts. Mary Young-Bey and Elnora Clay were present as adjoining property owners to review the findings. Ms. Young-Bey stated that she understands that no changes can be made in the business but she is concerned over future uses. The current building sets on the property line with no footage requirements being met. She inquired about the restrictions on the type of business and the needs for the required footage. Attorney Brammell stated that any new building would require the setbacks with any remodeling of the current building not requiring the setbacks. Mike Ray stated he believed the Scribers’ had agreed to a Section 390 which requires, as a condition of development, that the Scriber’s must include screening from residential districts if and when the use changes as required by Section 660 Business Districts, Subsection II D (2), of the zoning ordinance. Ms. Clay stated that she has not heard any discussion on renovations of the existing building and that if changes cannot be made to the setbacks why is it being left that way. She was advised that this existed prior to planning and zoning and as long as no changes to the building size are being made that it can remain. Ms. Clay and Ms. Young-Bey were asked if they have any major problems with this zone change. They stated that basically they did not as long as everything was handled appropriately. Motion made by Member Ferguson and seconded by Member Roberts to accept the recommendations and findings of the planning commission and approve the zone change accordingly. All members present voted “Yea”.

Mr. Frazier stated that the zone change request for Mr. Scriber is different from the zone change for Mr. Kidwell as it meets all three criteria for change where Mr. Kidwell’s does not.

Subject: Planning and Zoning Conditional Use/Placement of Manufactured Home at 325 West Owen Street – Mayor Bates reviewed with council a notice that has been received concerning a request by Anna and Emilio Hernandez for a conditional use for placement of a manufactured home at 325 West Owen Street. The meeting will be on Monday, November 28, 2005 at 7:00 p.m. in the Courtroom of the Henry County Courthouse. Kriss Lowry stated that she believes the West Owen Street Project has certain requirements under our agreement as concerns manufactured homes, which needs to go to planning and zoning. She will send this to them.

Subject: Planning and Zoning Commissioner Reappointment – Mayor Bates stated that Garland Frazier’s term as commissioner will be expiring December 31, 2005 and that he has expressed an interest in serving another term. Mayor Bates recommended to Council to re-appoint Garland for another four year term. Motion made by Member Whitney and seconded by Member Ferguson to approve the recommendation to re-appoint Garland Frazier as our Planning and Zoning Commissioner for another four year term effective January 1, 2006. All members present voted “Yea”.

Subject: Louisville Gas & Electric Franchise – Rodney Brewer, LG&E business officer manager and Allen Mattingly with the Shelbyville, Carrollton and Louisville Broadway location offices were present to discuss a possible gas franchise with the Council. This subject has developed from that fact that the City currently has no gas franchise but has had an electric franchise for years. The two corporations currently approach franchises differently, even though plans are in place to make them the same. The current Kentucky Utilities franchise is in place until February, 2014.

Mr. Brewer stated that no official negotiations can take place until the Public Service Commission grants a permission of needs certificate of convenience and necessity. Our ordinance must state a need for the franchise. PSC will grant the certificate of convenience and necessity with negotiations at that time. The options available to the city are 1.) A percentage of revenue which is passed onto the customers; 2) a one time payment to the City of $1,872.00; and 3) an estimated $300.00 annual payment for the length of the agreement with the City. Discussion held. Motion made by Member Harris and seconded by Member Winburn not to do anything at the present time on obtaining a franchise agreement with Louisville Gas & Electric. All members present voted “Yea”.

Subject: Alcohol Ordinance Amendment – Member Roberts quoted several statements from previous minutes that indicated that any overtime created for our Police Department by the Renaissance Faire would be paid for by them. Member Roberts questioned Chief Hadden if these statements are correct. Member Roberts stated that he is not questioning the Chief’s integrity in any way. Chief Hadden stated that if he was we need to go into closed session. Other council members asked what point was being made. Member Roberts stated that he feels it is un-ethical to have the Chief as ABC Administrator as Mr. Fredrick will be paying for any overtime created. Chief Hadden stated his officers would be paid, not him, and that it would not be a problem. Member Roberts asked Member Winburn how he felt when the duties were taken away from him and given to the Chief. Member Winburn stated he was a little upset as he felt he had done a good job. Attorney Brammell stated he has had no time to research this question, but admits it could be perceived as an ethical issue. Member Stephens stated to Member Roberts that he felt he was just creating a new problem as he is still angry about the vote to allow the Sunday beer and wine sales. Motion made by Member Stephens and seconded by Member Harris to deny Member Roberts’ request at the present time to have Chief Hadden removed as the ABC administrator with Attorney Brammell to research the issue. On a call of vote by Mayor Bates, voting “Yea” were Members Harris, Whitney, Stephens, Ferguson and Winburn. Voting “Nay” was Member Roberts.

Break taken at 7:42 p.m.
Meeting resumed at 7:46 p.m. Member Roberts had to leave during the break.

Subject: Surplus Vehicle Re-bid - Council was informed of the re-bid between the two tied bidders for the 1993 Dodge Dakota truck. One bidder submitted another bid with the other bidder declining to submit another bid but asking that his previous bid stand. The high bidder was informed that he could purchase the truck, however, he choose not to take the truck as he felt he should have it at his original bid. Attorney Brammell stated that there was no way that the truck could be sold to either bidder at the original bid price. The second high bid would have to be honored or the truck will have to be re-bid. Tim Fitzgerald, who represented Chad Roy, stated that he had changed his mind and would honor his second bid of $1,005.99 for the truck. Motion made by Member Stephens and seconded by Member Ferguson to accept the second high bid of $1,005.99 from Chad Roy for the 1993 Dodge Dakota truck. All members present voted “Yea”.

Subject: Minutes - The minutes of the previous regular session held on October 10, 2005 were reviewed. Motion made by Member Winburn and seconded by Member Stephens to approve the minutes as presented. All members present voted “Yea”.

Subject: West Owen Street Report – Kriss Lowry, West Owen Street Project Manager, was present. Ms. Lowry reported that we still have two items to complete on this project. First, there is still one house to demolish and she had hoped to sell the surplus lots and use the funds to purchase and demolish this house. Second, we cannot close the project with the State until the lots are sold. She stated that she cannot understand why these lots will not sell as she thinks the asking price is low. Ms. Lowry stated that we could possibly do a second home buyer project and apply for home funds. This type project requires a partner such as a bank or rural housing and it is hard to find eligible persons. This project allows the individuals to defer payments with $40,000.00 funds per structure allowed. Previously the City had to put their funds into the project, however, now only 10% cash or other funds are required. Discussion held. Member Stephens stated he would prefer to sell the lots if possible. It was mentioned that Ray DeVary has built a house on Thorne Heights which might work toward our replacement of bedrooms rule on the project. Motion made by Member Stephens and seconded by Member Whitney to request proposals for sale from realtors for the appraised value of the vacant lots on West Owen Street with a six month contract to the successful bidder. All members present voted “Yea”.

Subject: Eminence Tomorrow Main Street Report – Main Street Director Jennifer Watson reported on her activity for the month. Ms. Watson reported that Trick or Treat on Main Street was a success. Ms. Watson reported that she is working on the Light Up Eminence. Modern Woodmen is donating trees for placement in the park for permanent light up. Ms. Watson reported she will be partnering with New Castle and the Chamber of Commerce to promote downtown growth. Ms. Watson requested line item moves of $1,000.00 from salaries to advertising, printing and office supplies and $1,000.00 from salaries to miscellaneous. Motion made by Member Stephens and seconded by Member Harris to approve the line item changes as requested. All members present voted “Yea”.

Subject: Police Department Report – Police Chief Mount Hadden reviewed the monthly activity report with council. Chief Hadden reported that they have a person of interest from out of state who may have been involved in the ATM robbery at Five Star. Chief Hadden reported that the department has received a $10,000.00 KY Highway Safety Grant. Chief Hadden thanked City Clerk Doane for her assistance with these grants.

Subject: Property Ordinance Report – It was reported that a meeting is scheduled with Tom Wathen and his attorney to discuss the findings on his property (the old Chevron location on North Main Street). The numerous old cars on the Wood’s rental property on Jackson Road were discussed.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the monthly activity for his department with council.

Mr. Smith reported that the Quail Run Subdivision has broken ground and streets and utilities are being installed. The Elmcrest Subdivision is working on Phase II with installation of the utilities and tie-ins to Darlene Street. Mr. Smith reported that the water problem on Highway 22 West has been solved with the state highway department installing a culvert under the highway to keep the lake drained.

Mr. Smith reported that the winter salt was received today and that the trucks are being prepared for winter. Tim Fitzgerald stated we need something for limb removal as a lot of limbs are hanging on the street right of way. He stated a bucket truck is needed and that possibly we could find one at the surplus property.

Subject: Street Lights for Elmcrest Phase II – A request has been received for six new street lights for the Elmcrest Phase II development. Motion made by Member Stephens and seconded by Member Ferguson to authorize Mayor Bates to enter into an agreement with Kentucky Utilities for the addition of six street lights, identical to the ones already there. All members present voted “Yea”.

Subject: Leak Adjustment – A second leak adjustment for Wayne Gunnell was discussed, as his water leak ran over into a second month. Motion made by Member Stephens and seconded by Member Whitney to approve a second leak adjustment for Wayne Gunnell in the amount of $30.85 due to it spanning two months. All members present voted “Yea”.

Subject: Resolution – A grant agreement with Kentucky Infrastructure Authority for $90,000.00 for the North Main Pump Station Upgrade was discussed. Attorney Brammell read a resolution authorizing the Mayor to enter into the agreement and execute any and all documents related to the grant. Motion made by Member Stephens and seconded by Member Whitney to approve the resolution as read. All members present voted “Yea”.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Ms. Doane reported that we have collected approximately 65% of the total 2005 tax billing so far. Ms. Doane reported that she has requested and received $9,331.54 reimbursement for the COPS grant. Ms. Doane reported that the full CEGG grant application is due November 29, 2005 for the Renaissance Faire Water Utility Expansion Project.

Subject: Insurance Premium Tax Refund Request – Ms. Doane reviewed a request from United Healthcare for a refund in the amount of $78,854.00. The request was made based upon them having included Commonwealth of Kentucky state employees in their filing who are exempt. Attorney Brammell stated that he has found out that we can request that refunds be taken as credits if we choose. Motion made by Member Stephens and seconded by Member Harris that United Healthcare be required to take a credit instead of a refund with Attorney Brammell to draft a letter to advise them of this decision. All members present voted “Yea”.

Subject: CPA – Attorney Brammell stated he has reviewed the letters from the auditor, Joe Sutherland, and they are standard forms. Motion made by Member Winburn and seconded by Member Ferguson to retain Sutherland, CPA to do the audit for fiscal year ending June 30, 2005 and to authorize Mayor Bates to sign any necessary documents. All members present voted “Yea”.

Subject: Budget Comparison – City Clerk Doane reviewed the first quarter budget comparison with council. Council was requested to contact her or Mayor Bates if they have any questions.

Subject: Insurance Premium Tax Ordinance Amendment – Attorney Brammell held the first reading of an amended insurance premium tax ordinance.

Subject: Cable Franchise – Attorney Brammell stated that there is no need to re-new the cable franchise since the law has changed on the administration of telecommunications.

Subject: Building Inspection Program – Attorney Brammell suggested that we coordinate with the County and other cities on the building inspection program.

Subject: Parks Committee Report – Mayor Bates reported that the CEGG grant pre-application was not approved. The committee will be meeting to discuss other options such as other grants.

Subject: Fire Department Report – The monthly Fire Department activity report was reviewed. An audit of the Fire Department was discussed. Council requested that this be looked into with Attorney Brammell to research as well.

Subject: Community Center Report – The Community Center monthly activity report was reviewed and it was noted that the center is being used more.

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

Subject: Christmas Dinner – Council was reminded of the Christmas Dinner to be held on December 8th at the Smith-Berry Winery at 6:30 p.m.

Subject: Closed Session – Motion made by Member Harris and seconded by Member Stephens to go into closed session to discuss possible purchase of easements and/or property and to discuss possible litigation. All members present voted “Yea”.

Open meeting resumed at 10:10 p.m.

With no further business to be discussed, motion made by Member Stephens and seconded by Member Ferguson to adjourn. All members present voted “Yea”. Meeting adjourned at 10:15 p.m.

DOUGLAS M. BATES, MAYOR
CITY OF EMINENCE, KENTUCKY

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

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