Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, December 12, 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.

Subject: Zone Change Request – Ronnie Kidwell – 4769 and 4771 Jackson Road – Mayor Bates stated that a decision needs to be made on the Ronnie Kidwell zone change request for property located at 4769 and 4771 Jackson Road. He further stated that all public comments have been heard, but that he would allow discussion among the council. It was suggested that a 390 stipulation be put on the zone change if allowed. Member Whitney asked if the zone change were to be approved can anything go in the location in the future. Attorney Brammell stated that any allowed B-2 business would be able to locate here. He reviewed the allowed B-2 uses. Member Whitney asked if a developmental plan has been submitted. Attorney Brammell stated that the planning commission frequently requires that at least some elements of a developmental plan be submitted and to his knowledge none has been provided by Mr. Kidwell. Member Whitney asked if this location could meet the entrance and parking requirements and whether it can be checked after the zone change. Attorney Brammell stated that it will need to be done correctly in the beginning. He reviewed the parking requirements which require one space per 400 square feet of retail area. Member Stephens asked if deer meat can be processed in a B-2 zone. Attorney Brammell stated no, that it must be an I-1 zone. Member Ferguson asked Mr. Kidwell if he processed deer meat. Mr. Kidwell stated yes, but that he didn’t have to. Member Ferguson asked what Mr. Kidwell’s current location on Jackson Road is zoned. Attorney Brammell stated it is probably zoned R-1 with his business being a non-conforming use that was grandfathered in. Member Harris asked if we grant this zone change are we going to always be making a problem for ourselves by setting a precedent. Attorney Brammell stated that each property owner requesting a zone change will go before the planning and zoning commission and all requests in the City will come to us after planning commission review and recommendation. Member Roberts made the motion to allow the zone change from R-1 to B-2 on the two properties located at 4769 and 4771 Jackson Road based on the following findings a) that the property owners wish to have the property zoned B-2 and it is currently zoned R-2; b) that the previous use for said property was a commercial use being a junk yard and parts sales business; c) that there are numerous business uses in the general area including a vehicle repair shop across the street, a sporting goods store, a greenhouse and a former beautician previously operated in the area and the Jackson Road area has existed as a mixed commercial residential area in the past; d) that the Jackson Road area is an area that needs to be developed with a mixed commercial and/or commercial area in the future and it is one of the areas in which the City can expect there to be commercial growth; and e) that because of the conditions of the property having been a former junk yard, it is not suitable for residential use. Motion seconded by Member Winburn. On a call of vote by Mayor Bates, voting “Yea” were Members Winburn, Ferguson, Roberts, and Whitney. Voting “Nay” were Members Stephens and Harris. Motion carried. Attorney Brammell held the first reading of an ordinance amending the zoning ordinance.

Subject: West Owen Street Project – Mayor Bates opened the price quotes received from Kentucky licensed real estate brokers for marketing of the five lots on West Owen Street. The quotes received were as follows:

Project Manager Kriss Lowry stated that she understands that Kim Jewell is City Clerk Doane’s sister and that awarding her the contract could possibly be a conflict of interest as Ms. Doane has decision making power and that per the grant agreement we must meet federal standards. Ms. Doane stated she does not have decision making powers with council being in agreement. Ms. Doane also asked why Kim was invited to submit a proposal if it was a conflict of interest. Ms. Lowry stated she sent the requests to a list of brokers she had obtained for the area and did not have any personal information on any of them. Any appeals process will draw out the project and she does not recommend to use Ms. Jewell based on her feeling that it is a conflict of interest.

Attorney Brammell stated that no conflict exists per our ethics ordinance, but that he would need to research state and federal requirements to render an opinion. Ms. Jewell was present and stated that Andy Moriss, who was also present, would be the agent who would handle these listings, not herself.

Motion made by Member Whitney and seconded by Member Ferguson to approve the lowest bid of A+ Jewell Realtors, LLC at 9.5% and to award the contract to A+ Jewell Realtors, LLC contingent on approval and determination that no conflict of interest exists by Attorney Brammell and subject to obtaining an exception from DLG if one does exist. All members present voted “Yea”.

Subject – Annexation – John Coomes, Jr. was present to request that council annex two parcels of property which he owns. One property consists of 93 acres on Highway 55 South that runs from Highway 55 back to Clear Creek/Ellis Road. The second piece is a 30 acre tract on Clear Creek Road that joins the Lighthouse Church. He reviewed the plats with council and stated that they would be re-done to show the updates where the Henry County portion of the Seven Gables property has been annexed and where Todd and Jennifer Rankin’s property is not in the city limits. Mr. Coomes explained that when the by-pass to Shawnee Road goes in, it will go through both of his parcels and he wants to be ready for future development, both residential and commercial. If the by-pass goes in, he will be requesting a zone change for business on the property frontage. Based on some current restrictions that have been placed on the property by IRS, he hopes he will not be doing anything with the property for ten years but wants to be ready just in case. Attorney Brammell explained the process for annexation. Consensus of council was for Attorney Brammell to proceed with the necessary paperwork to start the annexation.

Other annexation in the same area was discussed. Council in agreement for Mayor Bates to contact the surrounding properties as discussed to see if they would be in agreement to be annexed.

Subject: Minutes - The minutes of the previous regular session held on November 14, 2005 were reviewed. Motion made by Member Winburn and seconded by Member Whitney to approve the minutes as presented. Member Roberts stated that he did not vote “Yea” on the motion last month 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. Member Whitney withdrew her second and Member Winburn withdrew his motion to approve the minutes as presented. Motion made by Member Winburn and seconded by Member Whitney to approve the minutes as corrected per discussion and request of Member Roberts. All members present voted “Yea”.

Subject: Minutes - The minutes of the previous special session held on December 7, 2005 were reviewed. Motion made by Member Harris and seconded by Member Whitney to approve the minutes as presented. All members present voted “Yea”.

Subject: Eminence Tomorrow – No report was presented due to Main Street Director Jennifer Watson’s absence. Mayor Bates reported that Light Up Eminence went fairly well even though attendance was low. Mayor asked Members Ferguson and Stephens to thank their wives for all their assistance.

Subject: Police Department Report – Police Chief Mount Hadden reviewed the monthly activity report with council.

Subject: Property Ordinance Report – It was reported that the meeting was held with Tom Wathen and his attorney to discuss the Wathen property (the old Chevron location on North Main Street). Mr. Head, Wathen’s attorney stated that they would get the City a reply by fourteen days. The letter the City received indicated that they would clean up the front of the building or tear down and clean up the building but gave no specific time to perform. An attempt was made to find out something today with no results.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the monthly activity for his department with council. Member Winburn asked about power outage problems. Mr. Smith reported that it did take a while to get everything back up and running properly.

Mr. Smith reported that the North Main Street Project has been approved by the Division of Water. Mayor Bates reported that he has talked with appraiser, Tony Moffett, who is not interested in doing the appraisals for the easement on the Merker property. He has also talked with John Frazier who stated he would be able to do the appraisal for about $400-$500. Member Stephens will contact Jason Perry.

Mr. Smith reported that the Elmcrest Subdivision infrastructure is progressing with several lots already being sold in this area. A proposal is being worked on to change the entrance at Darlene Street.

It was discussed that we need an engineering contract with Derrick for our North Main Project. Motion made by Member Winburn and seconded by Member Ferguson to authorize Mayor Bates to enter into an agreement with Derrick Engineering for professional engineering services on the North Main Street Project per the recommended rate schedule as provided by Kentucky Infrastructure Authority. All members present voted “Yea”.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Ms. Doane reported on the property tax collection to date.

Subject: Insurance Premium Tax Ordinance Amendment – Attorney Brammell held the second reading of an insurance premium tax ordinance which replaces the existing insurance premium tax ordinance and amendments thereto. Motion made by Member Ferguson and seconded by Member Whitney to adopt the ordinance as read. On a call of vote by Mayor Bates, voting “Yea” were Members Whitney, Roberts, Ferguson and Winburn. Voting “Nay” were Members Harris and Stephens.

Subject: Resolution and Municipal Road Aid Bond Fund Agreement - Attorney Brammell read a resolution adopting and approving the execution of a Municipal Road Aid Bond Fund Agreement between the City and the State of Kentucky and authorizing Mayor Bates to enter into said agreement for $29,692.00 in funds for street resurfacing. Motion made by Member Winburn and seconded by Member Ferguson to adopt the resolution as read. All members present voted “Yea”.

Subject: Resolution Adopting the KIPDA Regional Hazard Mitigation Plan – Attorney Brammell read a resolution adopting the KIPDA Regional Hazard Mitigation Plan as the plan for the City of Eminence. Motion made by Member Ferguson and seconded by Member Whitney to adopt the resolution as read. All members present voted “Yea”.

Subject: Municipal Road Aid Discretionary Bond Applications - Mayor Bates reviewed a bond fund application with council which would allow the City to apply for additional road aid funds for special projects. He recommends applying for these funds to re-surface the Eminence Housing Authority streets and believes the estimate received is around $53,000.00. Discussion held whether we are responsible for the entire street and sidewalk maintenance in this area. Attorney Brammell stated he would check into this. Motion made by Member Winburn and seconded by Member Whitney to authorize Mayor Bates to apply for these discretionary funds as discussed. All members present voted “Yea”.

As references the request from last month pertaining to our right to conduct an audit of the Fire Department, Attorney Brammell stated he has reviewed the contract and by-laws of the Fire Board from 1991. The contract does have ample language to require monthly financial accounting but does not specifically say an audit shall be performed. He suggested that we may want to revise the agreement as many items included in the agreement are no longer relevant and that the audit requirement could be added. City Clerk Doane stated that no audit by City auditors has ever been performed on the Fire Department and that the price quote she received is between $3,500.00 and $5,000.00 to do one. Consensus of council was to revise the contract effective July 1, 2006 with the audit requirement to be included.

City Clerk Doane asked if it is the intention of the Council to advertise the fire truck for sale through a different venue. Consensus was to try this approach.

Subject: Community Center Report – The Community Center monthly activity report was reviewed. Mayor Bates reported that the school has re-applied for grant renewal to operate the Center. It was noted that the current grant expires in June.

Subject: Alcohol Ordinance Amendment – Attorney Brammell reported that he has found nothing specific as pertains to Member Robert’s request that Chief Hadden be removed as ABC Administrator for the City due to a possible conflict of interest as pertains to possible reimbursement to the Police Department by the Renaissance Faire for extra police services. Attorney Brammell suggests sending this question to the ethics committee for their input and decision. Council in agreement.

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

Subject: Executive Order – Mayor Bates read an executive order empowering Council Member Leeroy Winburn to act in all respects for and on behalf of him relative to any emergency matters concerning the operation of the City during his absence outside the State of Kentucky during December 15, 2005 through December 18, 2005.

Subject: Other – Member Stephens asked about the status of the Saydah building and the stoplight.

Mayor Bates reported that the meeting has occurred between the State and the City with the stoplight to be changed with the left turn arrow to come on first; an extra lane to be added and the no turn on red sign to be taken down.

Mayor Bates reported that the prospective buyer of the Saydah property will not know until the first of the year on his financing package. Other individuals are interested in leasing some of the space from whoever buys the property.

With no further business to be discussed, motion made by Member Roberts and seconded by Member Stephens to adjourn. All members present voted “Yea”. Meeting adjourned at 8:37 p.m.

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