Eminence Kentucky-Minutes

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

Subject: Minutes - The minutes of the previous regular session held on February 14, 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: Water Tower Removal Bid – Public Works Director William Smith reported that two bids were received for the old water tower removal. The lowest bid was for $10,600.00 from Iseler Demolition. The other bid was for $13,700.00. Jay Hoffman, who is working with him on the bidding and overseeing the project, has recommended we take the lowest bid. The work will probably be done sometime in April after the company completes a project they are working on in Richmond, KY. Discussion held on how we would pay for this project. City Clerk Doane suggested transferring money from a project item in the water and sewer reserve account, which will not be completed this year to the tank demolition expenditure. Motion made by Member Ferguson and seconded by Member Stephens to accept the lowest bid of $10,600.00 from Iseler Demolition for the water tower demolition and to authorize transferring $10,600.00 from the line item valve replacement project to water tower removal in the water and sewer reserve account budget. All members present voted “Yea”.

Subject: Porter Builders Development - Kerry Magan and Bill Porter were present, representing Porter Builders, LLC, to request that the City apply for the second entrance which is being requested of their development. The best option for a second entrance to the Monroe property is Tract 97 on the plat. The developers feel that the State might be more willing to allow this second entrance if the City applies for the permit with Porter Builders to construct the entrance and give an easement to the City. Attorney Brammell stated that it is typical of planning and zoning to require a second entrance for developments and he does not have a problem with the City applying for the permit as long as we are making no agreement or stipulation on zoning or ownership. Motion made by Member Winburn and seconded by Member Whitney for the City to apply for this permit subject to Attorney Brammell’s approval of the application. All members present voted “Yea”. The only entrance at this time to the development will be through the Harvest Community Church property.

Subject: Request for Reimbursement of Sewer Impact & Hookup Fee – Donald Keith Taylor of 410 East Broadway was present to request reimbursement of the sewer impact fee. He feels that if we gave a discount to Ben Coomes that he should be entitled to one too since he had already started the early stages of his project to locate the modular on his lot prior to the impact fee being put in place. Motion made by Member Harris and seconded by Member Ferguson to reimburse Donald Keith Taylor $1,000.00 of his sewer impact fee due to him being in the process of locating the modular on his property prior to the inception of the impact fees and this amount is also consistent with the amount of discount Mr. Coomes received. All members present voted “Yea”.

Subject: Harassment Complaint – Several individuals were present on behalf of the Stumble Inn on South Main Street to express their concerns that they are being harassed by the neighbor across the street. James Preston, owner of the bar, apologized for the band going over ten minutes past the time to be finished this past weekend and that the music was too loud at first but was turned down. They did a video outside on the other side of the street with the only noise heard being that of normal traffic. The band noise was only evident when the door was opened. He feels he is being harassed. The complaining neighbor stated to police that she was on the back deck of her house and the music was too loud, when in fact she was on the front porch. Two of our officers, Kevin Kemper and David Stratton, witnessed this fact. Attorney Brammell stated that this is a dispute between the business and the resident and is not our problem. Mr. Preston stated he feels other bars have juke boxes and bands which run until 11:30 or midnight sometimes with no problems. He feels the ordinance should be equal and fair in treatment of everyone. Council in agreement that this is a personal issue and as long as we are enforcing our ordinance equally among all businesses of this type that it is out of our hands. Chief Hadden was asked for comments. Chief Hadden reported that this is a continual problem between the business and the resident and that they want the City to intervene. His department has acted on the City ordinance as appropriate. Mr. Preston stated that the complaining neighbors knew this was a bar before they purchased their property. Rose Payton, sister and employee to James Preston, stated that they try to keep a good place that is family oriented and that they will even take people home who may have had too much to drink. Hedy Smither, sister and employee to James Preston, stated that they have a letter from patrons supporting the business. She also stated that when the officers have to come in many individuals feel intimidated and leave causing the business to lose income and them to lose pay.

Subject: West Owen Street Re-Development Project – Mayor Bates reviewed the monthly progress with council. Mayor Bates reported that Dortha Beach’s house is complete with her being given permission to move in. The yard work will be completed once the weather is better. Kriss is having trouble getting the Whitson McGruder deed signed and will be going to Chicago to get the final signatures. Mayor Bates reported that the mobile home which the City was given permission to demolish has been completely demolished and removed by the Public Works Department. The lots for sale will be available to the general public after June once the time option for low to moderate income individuals to apply has passed.

Subject: Eminence Tomorrow – Main Street Director, John Scharfenberger, reported that the façade grant work is now totally complete and reimbursed to all individuals. Mr. Scharfenberger reported that the streetscape walk-through has been completed with the final checklist being done with a few items on Penn Avenue left to complete before this can be finalized.

Mr. Scharfenberger reported that the committee established to develop the request for proposals on the Welch property (old pool hall) has met with Attorney Brammell having drafted the requirements. Mr. Scharfenberger reviewed some of the major areas of the requirements with council including the requirement for the building to have a new roof within six months. Motion made by Member Stephens and seconded by Member Whitney to authorize advertising for requests for proposals for purchase of the Welch property under the requirements as coordinated by Attorney Brammell and John Scharfenberger. Anyone bidding this property would be eligible to receive tax credits from the State and Federal government due to its’ historical significance. Mr. Scharfenberger reported that the newly formed business association met in February and supports the restoration of the properties within the City with a specific interest in the old bank building project. A promotion for this building and the business association is scheduled for March 29, 2005 at the old bank building. Mr. Scharfenberger reported that the new administration at Frankfort is asking all Main Street applicants to re-certify by April 1st which he will take care of. Member Stephens asked about the brick sales. John reported that not too many are being sold at this time with about 30-40 to be installed when the weather permits.

Subject: Police Department Report – Chief Hadden reviewed the monthly activity report with council. Chief Hadden reported that there were 27 criminal cases with 22 of them being closed this month.

Chief Hadden reported that the equipment has been removed from the old cruisers with them to be transported to Cruiser Sales Company of Middletown, Ohio on Wednesday. The new vehicles should be here within a week to ten days.

Mayor Bates followed up on two of the properties (Kiel Brothers and WPB Oil) who were sent letters of non-compliance with the City’s Property Ordinance. Mayor Bates reported that he and Mr. Scharfenberger visited with the State EPA agency last week concerning the old Chevron property (WPB Oil) and found an enormous amount of correspondence on this. Mr. Wathen of WPB Oil reported that he is also working on getting this resolved with EPA.

Mayor Bates reported that with Kriss Lowry’s assistance he has been able to locate a possible new owner for the Kiel Brothers property on West Owen Street and will be making contact with them about this property. The previous owners have filed bankruptcy in June of 2004.

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

Mr. Smith reported that our engineer, Dave Derrick, has the plans for the sewer treatment expansion project ready to go to Frankfort for approval.

Member Stephens asked about the Henry County Water District extension project. Mr. Smith reported that this is still in limbo with the contractors blaming the engineers and the engineers blaming the contractors for the low water flow. We are currently holding approximately $40,000.00 toward this project until the issue is resolved. The low flow should not be a problem as we currently get approximately 150,000 gallons per day from the Jackson Road line and only around 30,000 gallons from this new service line.

Subject: Swimming Pool – Mayor Bates reported that we need to make a permanent decision as pertains to the swimming pool. He reviewed with council an estimate of $33,275.00 for a liner and also the previously report revenue/expense itemization for the last years the pool was open which showed an average loss of around $12,000.00. Mr. William Mason was present to express his concern about the youth not having a place to go and that he feels it needs to be in operation regardless of the cost as we need to provide recreation locally for our young people. He feels that money may be available in the form of grants and a recreation tax. Discussion held with council members having different opinions on this subject. Member Whitney suggested that a committee with community members review this and present proposals back to council on opening or closing the pool and other alternatives for recreation. The parks and recreation committee members are Member Stephens, Whitney, and Winburn.

Subject: Board and Committee List – Mayor Bates presented the board and committee list for 2005 to council and stated that he attempted to put everyone on the ones they had chosen with only a few exceptions.

Subject: Fire Department Report – Council Member Harris reviewed the monthly activity report with council.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Clerk Doane reviewed the interim financing and streetscape project financial status. Ms. Doane also reported that she has received reimbursement from the State in the amount of $28,800.00 for the Homeland Security Grant.

Clerk Doane followed up on her previous 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 payoff on this loan is $318,775.00 with the only penalty being that it must be paid off on April 1st or October 1st or interest will be accrued to these dates if paid anywhere in between. Clerk Doane reviewed the different accounts that we could pay this from including the current debt service and reserve accounts for this loan with the balance to come from the water and sewer reserve account. Even if we have to borrow money later for other improvements we should get a better interest rate than 5%. Clerk Doane reported that we could continue to put the current debt service payment amount back into the reserve account in order to build it back up for future projects. Motion made by Member Ferguson and seconded by Member Harris to authorize Mayor Bates and Clerk Doane to proceed with paying this loan off as discussed and to authorize the transfers as necessary to initiate this payoff. All members present voted “Yea”.

Clerk Doane reported that the Shelby County Sheriff’s office has received and been billed for the old phone system in the amount of $350.00.

Clerk Doane reviewed the City’s website usage with council. She reported that we have had 19,796 visits to our site within the last twelve months with 2,386 visits having been made in January of 2005.

Subject: Compensation Plan Update – City Clerk Doane explained that as part of keeping our personnel policy up to date, each year it is updated with the cost of living factor for the salary scale. Adoption of the ordinance updating the plan at this time in no way gives a raise to any employee. Attorney Brammell held the first reading of an ordinance updating the compensation plan.

Subject: Health Insurance - City Clerk Doane reported on the information she was asked to obtain regarding dependent status for health insurance coverage on active, hazardous retirees and non-hazardous retirees. She briefly reviewed the information summarizing that active and retired members participating in the state’s insurance plan are treated differently for dependent status which explains why we have different information for active employees versus retired employees who still have dependents.

Subject: Code Supplement Ordinance - Attorney Brammell held the second reading of an ordinance adopting the code supplement. Motion made by Member Winburn and seconded by Member Ferguson to adopt the ordinance as read. All members present voted “Yea”.

Subject: Saydah Property – Mayor Bates reported that he has shown the Saydah property with no response back from the interested party.

Subject: Community Center Report – Mayor Bates reviewed the monthly community center activity report with council. Reported that the proposal to provide an extended warranty on the exercise equipment for $90.00 a month was denied by the Board. Center employee, Brian Raisor is currently lubricating the equipment. Mayor reviewed the grants being applied for and administered by the Center. The January attendance was up which includes several kids from the Henry County School System participating.

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. All members present voted “Yea”.

Subject: Closed Session – Motion made by Member Whitney and seconded by Member Winburn to go into closed session to discuss possible litigation and possible sale of property. All members present voted “Yea”.

With no further business to be discussed, motion made by Member Whitney and seconded by Member Ferguson to adjourn. All members present voted “Yea”. Meeting adjourned at 8:22 p.m.

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