Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, February 14, 2005 at 6:00 p.m. with Mayor Doug Bates and the following members present: Kevin Harris, Laura Whitney, Howard Roberts, Tom Ferguson, and Leeroy Winburn. Absent was Member Drane Stephens.

Mayor Bates asked for a moment of silence in honor of Fire Chief Lucas’s mother Patsy Lucas, who passed away unexpectedly Sunday evening.

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

Subject: West Owen Street Re-Development Project – Kriss Lowry reviewed the monthly progress with council. Ms. Lowry reported she is having trouble getting the Whitson McGruder deed from the individual who has it in Chicago. Kriss reported that the mobile home which the City was given permission to demolish at last month’s meeting is almost completely demolished with only the floor and the frame left. Ms. Lowry reported that the Dortha Beach house is almost done with a tentative inspection date set for two weeks. Kriss reported that the overall re-development project is currently 5,120.00 in the negative, but that hopefully when we sell the lots and/or discuss the road paving later we may not need to do this or if we do it may not be as expensive. Ms. Lowry reported that we will still need to demolish the existing Beach house once she has moved to her new home.

Subject: Noise Complaint – William and Carolyn Pierce who reside at 5544 South Main Street were present to discuss their concerns with noise and that they do not feel the City is enforcing the ordinances on noise and amplified music at the Stumble Inn across the road from their home. Mr. Pierce stated that he, not only feels the music is excessively loud, but that the establishment goes past the 10:00 p.m. weeknight and 11:00 p.m. weekend deadline to have the music stopped in its entirety. Mr. Pierce further stated that he feels no one within the City cares about their concern. Chief Hadden reviewed the KRS statute on disorderly conduct and unreasonable noise and that neither he nor his officers can say it is disorderly conduct and unreasonable noise unless they witness it themselves. Member Ferguson stated that he has been by several times and has not found the music to be too loud. Mr. Pierce stated that it has been loud, but perhaps not when he was there. Member Roberts stated that he has heard the music after 11:00 p.m. on one occasion and has also heard it loud on one occasion. Carolyn Pierce stated that she has called the Police and no on has showed up at all. Chief Hadden reviewed a conversation he had with Mrs. Pierce offering to come out on his own time in a different vehicle and that she did not want him to do so. Chief Hadden stated that he did in fact come out on February 11th from 7:30 to 11:00 p.m. and that when she called at 9:32 p.m. he was actually in the driveway next door to her residence and that the music was not too loud. Attorney Brammell stated that the officers must witness the conduct before they can issue any type of misdemeanor charge. Attorney Brammell went on to inform the Pierce’s that they do have other alternatives in the fact that any person who has witnessed a misdemeanor can file a complaint at the County Attorney’s Office themselves and that KRS 224.030.050 also allows an individual to contact EPA on noise control. Mr. Pierce stated that he appreciates having this information and stated that if the time for the music to be stopped is enforced that perhaps the issue will be resolved. Chief Hadden stated that he has spoken with the other neighbors in the area who have no problems with noise at this establishment.

Subject: Zone Change Request – Janet Young and Victor Lamont Sleets were present to discuss with council plans to combine an R-1 lot and an R-2 lot into one lot on King Street to build a multi-family structure. This would require both lots to be R-2. Attorney Brammell advised Ms. Young and Mr. Sleets that this request would have to go to planning and zoning prior to coming before the City and that the City cannot make any decision until that time, but this request is something that feasibly could be recommended by planning and zoning for approval. The planning commission will make a recommendation to the City of approval.

Subject: Zone Change Request - Jerry Miller, operator of Bustin Loose at 717 Elm Street, was present to discuss with council a tentative proposal to request re-zoning at this address from B-2 to B-3. He is considering purchasing the business but doesn’t want to invest the approximately $700.00 with planning and zoning unless he gets a feeling from the council that they would be willing to allow this zone change. Attorney Brammell stated that this request is similar to the situation previously discussed, but did go on to elaborate that a B-3 zone is more typical of the downtown area with B-2 being more out on the edges of cities.

Subject: Zone Change Request – Katie Crotzer was present to discuss with council a zone change request from R-1 to B-1 at 500 West Broadway. The request has gone before planning and zoning with them recommending approval of the change. Council discussed the plans for this property. Ms. Crotzer stated she would be developing it for office/retail space and would be agreeable to putting a stipulation that no liquor establishments, fast food establishments or similar businesses would be allowed to locate there in the future. Motion made by Member Ferguson and seconded by Member Roberts to approve the zone change request at 500 West Broadway from R-1 to B-1 as recommended by the planning commission and as discussed with Ms. Crotzer tonight. All members present voted “Yea”.

Subject: Open House – Katie Crotzer informed council that she has spoken with Main Street Director John Scharfenberger regarding a tentative open house at the old bank building she has renovated under the façade grant. The tentative date is March 29th with council to be notified of the definite time and date later.

Subject: Zone Change Request – Kerry Magan, Bill Porter, and Jon and Dianna Monroe were present to discuss with council a zone change request from A-1 to R-3 at the Monroe’s property located at 140 Hasfurder Lane. The request has gone before the planning commission with them recommending approval of the zone change request. Council discussed the plans for this property. Mr. Magan, the engineer, and Mr. Porter with Porter Builders reviewed their plans for development of this property. Ninety-nine single family units and forty-four patio home units are planned for this development. The homes will range in size from 1,200 to 1,500 square feet and be priced at $130,000 and up. Eleven lots with four patio homes each are planned. The only entrance at this time to the development will be through Harvest Community Church. The total acreage involved is 43.34 acres with the minimum lot size being 70 ft. wide. It will be spring before construction starts. The public works director has checked on the pump station size and the water availability and feels that we can adequately handle the new services. Motion made by Member Winburn and seconded by Member Whitney to approve the zone change request at 140 Hasfurder Lane as recommended by the planning a commission and as discussed tonight from A-1 to R-3. All members present voted “Yea”.

Subject: County Business – Magistrate Wayne Gunnell was present to give a County Government update. Mr. Gunnell reported that he has contacted John Stanton, liaison with the Governor’s Office regarding a meeting on the road problems. He will set up a meeting sometime this month with Mr. Stanton, Barry Sanders and Mayor Bates to discuss our concerns. Mayor Bates and Mr. Gunnell decided on February 22, 2005 around 10:00 a.m. as a recommended time to meet. Discussion held as to why Highway 55 through town is not on the list for re-surfacing as promised. This will be a priority discussion with Mr. Stanton and Mr. Sanders.

Magistrate Gunnell reported that all county residents on Rumpke trash pickup service will have wheeled trash containers provided to them free of charge soon.

Subject: Fire Department Report – Council Member Roberts reviewed the monthly activity report with council. He reported that several fire department personnel, including himself, would be attending classes this weekend on behalf of the fire department.

Subject: Eminence Tomorrow – Mayor Bates reported that the façade grant work is now complete and reimbursed with the exception of Katie Crotzer’s property which was under a separate grant. Mayor Bates reported that the streetscape is also almost complete with the holdup being the phone company who needs to move utilities. They have advised it will be the end of March before they get this completed.

Mayor Bates requested authorization to proceed with bidding the Welch building as he has at least three people interested. Mayor Bates reviewed paperwork from 1978 which showed this building being on the National Registry. Attorney Brammell stated that Mark Dennen with the Heritage Council had sent information to be used on the specifications for bidding. It was advised that a committee might be needed for this. Members Ferguson, Harris and Winburn agreed to serve on this committee with Mayor Bates and Attorney Brammell.

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

Mayor Bates followed up with council on two of the properties (Kiel Brothers and WPB Oil) who were sent letters of non-compliance with the City Property Ordinance. Mayor Bates reported that Mr. Wathen of WPB Oil was unavailable until next week, but that his office indicated that this property has still not been cleared by EPA and that when it is cleared they do have individuals possibly interested in purchasing the property. Mayor Bates stated he has been given the name of Mark Klan who lives on Drane Lane who could possibly assist us with getting this released by EPA.

Mayor Bates reported that Kiel Brothers has filed bankruptcy in June of 2004. Jack Barger with Kiel Brothers stated that the property is for sale with no aspects for sale. This property will probably eventually become abandoned. It was suggested that perhaps we could get Brownfield money to assist with cleaning this property up and that perhaps Mr. Klan can also assist with this.

Chief Hadden reviewed with council that since last month’s meeting where it was agreed to reimburse Detective Duncan in the amount of $45.00 per month for his health insurance, Detective Duncan has been advised by the retirement system that he will have to pay 117.02 instead for his children to continue to have coverage. Discussion held on that status of Detective Duncan’s children and whether they are in fact still dependents due to their ages. It was also discussed how other employees are able to keep their older children on the City’s policy. Motion made by Member Ferguson and seconded by Member Roberts to change the monthly reimbursement to Detective Duncan to approximately $145.00 gross to allow for the needed $117.00 net retroactive to January, 2005 for his health insurance. On a call of vote, voting “Yea” were Members Whitney, Roberts, Ferguson and Winburn. Voting “Nay” was Member Harris. City Clerk Doane was asked to obtain additional information regarding dependent status for health coverage on active, hazardous retirees and non-hazardous retirees for future reference.

Chief Hadden reviewed the information on purchasing two new police cruisers and selling two old cruisers. The two new Ford Crown Victoria cruisers will cost $39,878.00 total (19,939.00 each) and would be purchased through Ford Motor Credit with a $10,900.00 annual payment for four years. The first payment would be due upon receipt of the vehicles. Cruiser Sales Company of Middletown, Ohio has offered $11,000.00 to purchase our two old cruisers which would cover the first payment. We would, however, be short approximately $4,000.00-$4,200.00 for equipment needed for the cruisers. The budget has been looked at to see if this money could be re-allocated to cover this equipment expense and it is believed that with cutting back in other areas this can be accomplished. The main reason for wanting to do this now is due to the major repairs we are starting to see. Chief Hadden cautioned that the possible sale price of the old cruisers might be a little less due to the continued use of these vehicles and increased mileage accrual since the original offer. It will take approximately 4-6 weeks to get the new cruisers. Member Winburn asked which vehicles would be sold. Chief Hadden stated that the oldest and the one with the most mileage, not counting the pool car. Motion made by Member Roberts and seconded by Member Ferguson to authorize the purchase of the two new cruisers and the sale of the two old cruisers as discussed. All members present voted “Yea”. Member Harris asked whey we allowed take home vehicles outside of the city limits. Chief Hadden stated that this is a positive recruitment tool, assists with response time, accountability and maintenance.

Subject: Public Works Report – Public Works Director William Smith reviewed the monthly activity report with council.

Mr. Smith discussed with council the possible removal of the old water tower. It has been out of service for a while and it is not feasible to repair this tower any longer. He had received a prior estimate of between 25,000 and 30,000 to take this tower down and had planned to budget for it next year, however he has received a phone call from an individual who does bidding for others who informed him that we might be able to get this down now for approximately $11,000.00 if we want to proceed with bidding. Our other tank is adequate for the City’s water supply needs with the old one serving as a backup only in recent years. We can always reject the bids if we are not happy. Motion made by Member Ferguson and seconded by Member Whitney to authorize Mr. Smith to proceed with bidding the old water tower demolition. All members present voted “Yea”.

Member Ferguson asked about the street cleaning and stated that he felt we were not getting a very good job. Mr. Smith stated that the current equipment cannot get upon the curbs and sidewalks, but that he will talk with the company that does this for us. Mayor Bates reported that Bill has made arrangements in conjunction with our Litter Abatement Program for groups to pickup trash around town. The first group is scheduled for February 26th.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Clerk Doane reported that the property tax collection is at 96.5% for the budget year. Clerk Doane also reviewed the interim financing and streetscape project financial status. Ms. Doane also reported that she has requested reimbursement from the State in the amount of $28,800.00 for the Homeland Security Grant and hopes to get this back mid-March.

Clerk Doane reported that the new phone system is installed with a few adjustments needed. She reported that the Shelby County Sheriff’s office, through Neville Technologies, has made a verbal offer to purchase our old system for $350.00, which Ms. Doane recommended we accept due to the small resale market available to us. Motion made by Member Winburn and seconded by Member Roberts to authorize the sale of the old phone system to the Shelby County Sheriff’s Department for $350.00. All members present voted “Yea”.

Clerk Doane requested an additional leak adjustment for Helen Brammell at 4473 North Main Street as her water leak ran over into two months and that we customarily do allow this if determined to be the same leak. Motion made by Member Harris and seconded by Member Whitney to allow the additional leak adjustment as calculated by the approved formula for Helen Brammell in the additional amount of $31.46. All members present voted “Yea”.

Clerk Doane reviewed her proposal to pay off a 1976 loan on the water and sewer system which is at an interest rate of 5%. This loan does not mature until 2016 and if we pay it off now we can save approximately $109,000.00 in interest. The debt service and reserve accounts the City has are only receiving between .95 and 1.05% interest which in no way compares to the 5%. Even if we have to borrow money later for other improvements we can probably still get a better interest rate than 5%. Council in agreement for Clerk Doane to proceed with getting the exact payoff information together for possible approval next month.

Clerk Doane presented council with the six months’ budget comparison and financial reports. Council was asked to review and if they have any questions to get with her or Mayor Bates. Clerk Doane advised that we will probably need to do an overall budget amendment after the next quarter due to all the unexpected expenses this year with the tornado and other needed changes.

Clerk Doane reported that the ordinance codification supplement is complete. Attorney Brammell held the first reading of an ordinance adopting the code supplement.

Subject: Community Center Report – Mayor Bates reviewed the monthly community center activity report with council. Mayor Bates reported that the braces are already broke on the new basketball goals. He reported that he did contract with Gayle Bramblett to replace the sink in the girls’ bathroom with a different type and do some other minor repairs at the Center. Mayor Bates reported that we passed the state monitoring visit without any problems.

Subject: Comprehensive Plan Goals and Objectives – Mayor Bates reviewed the proposed revised goals and objectives of the comprehensive plan update. Motion made by Member Roberts and seconded by Member Ferguson to approve the goals and objectives as presented. All members present voted “Yea”.

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

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

With no further business to be discussed, motion made by Member Roberts and seconded by Member Harris to adjourn. All members present voted “Yea”. Meeting adjourned at 8:53 p.m.

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